Christian Right Leader Rev. D. James Kennedy Dies

An important figure in the religious right, Rev. D. James Kennedy, died yesterday at the age of 76. Among those recounting his contributions are USA Today and ABP News. Broadcaster and leader of the 10,000-member Coral Ridge Presbyterian Church in Ft. Lauderdale (FL), Kennedy was an early board member of the Moral Majority. He created the Center for Christian Statesmanship that organized Capitol Hill Bible studies, and organized the Center for Reclaiming America for Christ to promote Christian values in "the modern-day culture war." He was a strong supporter of former Alabama Supreme Court Chief Justice Roy Moore who fought a high-profile battle to place a 10-Commandments monument in the Alabama Supreme Court building. Kennedy also was one of the co-founders of the Alliance Defense Fund. (ADF release).

Nepal Airlines Uses Goat Sacrifices After Plane Has Mechanical Problems

In Kathmandu, Nepal, officials of the state-run Nepal Airlines have sacrificed two goats to appease the Hindu sky god Akash Bhairab after electrical problems grounded one of its two Boeing 757's. Reuters reported yesterday that the plane is now back in operation. [Thanks to Matthew Caplin for the lead.]

Rastafarian's Marijuana Suit dismissed On Jurisdictional Grounds

In Brown v. United States, 2007 U.S. Dist. LEXIS 65015 (MD FL, Sept. 4, 2007), a Florida federal district court dismissed declaratory judgment action brought by a practicing Rastafarian who uses marijuana as a holy sacrament. Plaintiff asked to court to rule that Florida's exclusion of violations of its Drug Abuse and Prevention Law from the state's Religious Freedom Restoration Act amounts to favoritism of some religions over others. The court dismissed the case under the Rooker-Feldman doctrine, finding that plaintiff had lost virtually identical claims in Florida state courts. The court also found no case or controversy existed since "Plaintiff is simply seeking a declaration ... as to what legal analysis the Florida courts should use in the off-chance he is arrested for growing, using, and/or distributing marijuana..."

Israel Proposes New Rules On Citizenship For Recent Converts From Abroad

Israel's Interior Ministry on Monday circulated for comment to interested parties a draft of proposed new rules that would make it more difficult for those converting to Judaism outside of Israel to qualify for citizenship under the country's Law of Return. The Jerusalem Post reports that the proposed rules would apply to Orthodox as well as Conservative and Reform conversions abroad, and are aimed at preventing conversions motivated soley by a desire to gain Israeli citizenship. New rules would require significant ties to the Jewish community abroad where the conversion took place, including at least nine months of participation after conversion. Converts could also be rejected if, for example, they are attempting to join relatives in Israel or had stayed illegally for 6 months or more in the country. In 2005, Israel's High Court of Justice struck down Interior Ministry regulations that required converts to live in their home community abroad for at least a year before emigrating. The Court said that the Ministry had no authority to define religious conversions.

California Church Denied Preliminary Injunction In RLUIPA Case

On Wednesday, a federal district court judge in San Francisco denied San Leandro's (CA) Faith Fellowship Church a preliminary injunction in its land use dispute with the city, according to the Daily Review. The megachurch filed a lawsuit under RLUIPA after it was denied a zoning change that would have allowed it to occupy an industrial building it had purchased. The judge said that requiring the church to remain in its present location temporarily did not create immediate harm. Meanwhile Judge Phyllis J. Hamilton said the church should complete its most recent application for a conditional use permit before she would rule in the case.

Canada Not Amending Terrorism Law That Poses Religious Freedom Issues

Despite a 2006 decision by the Ontario Superior Court of Justice finding that a key provision in Canada's anti-terrorism law has a chilling effect on freedom of religion, belief, expression and association, the Canadian government has no current plans to amend the law. Yesterday's National Post reports that a government document quietly filed with the House of Commons in July says the government has no current intention of amending the provision that outlaws only terrorist activities that are undertaken "in whole or in part for a political, religious or ideological objective or cause".

Slidell Tries To Turn Jesus Portrait Into Historical Display

Apparently having some second thoughts about its defense of a portrait of Jesus -- as depicted in an Eastern Orthodox icon-- hanging in the lobby of its City Court, the city of Slidell, Louisiana has now expanded the courthouse display to include a copy of the Constitution and portraits of 15 "notable lawgivers in history," including Moses, Charlemagne, and Napoleon. Alliance Defense Fund lawyer Michael Johnson,who is defending the city said that the expanded display is modeled after one in the U.S. Supreme Court. Reporting on these developments, the Associated Press quotes the president of the Louisiana chapter of the ACLU who says that the new move is "creative" but "ultimately disingenuous". (See prior related posting .)

Fallout Continues From Swedish Paper's Muhammad Drawing

Fallout and response continue from the August 19 publication by the Swedish newspaper Nerikes Allehanda of an artist's drawing of the head of the Prophet Muhammad on the body of a dog. (See prior posting.) Turkey's Department of Religious Affairs issued a statement protesting the caricature, calling for "a legal arrangement and agreement that will determine the limits between freedom of press and speech and desecration of religious values." It added: "Desecration of religious values of Islam fuels a global crisis and tension between the two worlds and leaves behind deep sorrows." (Turkish Press.)

Meanwhile the youth branch of the Islamic Felicity Party staged a demonstration in front of the Swedish embassy in Ankara, the chairman of the Organization of Islamic Conference criticized the paper, and the Muslim Council of Sweden, filed a lawsuit against the newspaper and artist Lars Vilks who drew the illustration. (Today's Zaman).

Nerikes Allehanda plans to run an Arabic translation of an editorial it has already published defending its position on free speech grounds. (Crosswalk).

Muslim Woman Sues California Jail Officials Over Hijab Removal

In Orange County, California yesterday, a Muslim woman filed suit against the Orange County Sheriff's Department after jail officials forced her for security reasons to remove her headscarf. Today's Los Angeles Times reports that Souhair Khatib, represented by the ACLU, claims in her federal lawsuit that she was humiliated by the experience. Her 8-hour arrest came after a judge determined that she had not completed the number of community service hours to which she had previously been sentenced in a welfare fraud case. Khatib's attorney, Hector Villagra, said jail officials claim Khatib's hijab could have been used to choke someone.

Churches Continue To Clash With Communities Over Construction

Expansion of church facilities continue to create zoning clashes in various communities. The San Antonio Express-News today reports on the settlement of a long-running lawsuit between Castle Hills First Baptist Church and the city of Castle Hills, Texas that will permit the church to build softball and soccer fields, restroom, a pavilion and lighting on formerly residential lots across from the church. The settlement still needs court approval.

Meanwhile in Topeka, Kansas, environmentalists continue to oppose the construction of a parking lot by Grace Episcopal Cathedral, after the church cut down large trees to make way for the project. Today's Topeka Capital-Journal reports that parking lot opponents say that the entire church site is listed on the Register of Kansas Historic Places and that historic preservation requirements apply to vegetation on the land as well as buildings. Friends of Bethany Place filed suit, but most of the trees were cut down before the court issued a temporary restraining order. The church says that the preservationist group lacks standing, and that the church's free exercise rights entitle it to use its property to fulfill its Christian mission.

Hindu Group In UK Says Church Ban On Yoga Classes Violates Equality Law

The United Kingdom's Hindu Council has issued a press release yesterday questioning the ban imposed by two British churches on renting out space in their buildings for yoga classes. Reverend Tim Jones, Vicar of St James' and The Reverend Simon Farrar of the Silver Street Baptist Church argued that yoga is a "sham", a "false philosophy" and "unchristian". The Hindu Council-- saying those comments amount to a charge that Hinduism is a false religion-- is considering filing a complaint with the Commission for Equality and Human Rights claiming that the ban violates provisions in the Equality Act 2006 that prohibit religious discrimination in providing goods, facilities and services.

Article Profiles ACLJ and Its Leader, Jay Sekulow

Yesterday's Chicago Tribune features an article on the American Center for Law and Justice and its chief counsel Jay Sekulow. Describing ACLJ as "the conservative mirror image of the American Civil Liberties Union", it says the organization, founded by Pat Robertson, "has led the way in transforming the complaints of the religious right from raucous protests on the courthouse steps to polished presentations inside the highest courts in the land." The article describes Sekulow as: "a distinctive figure in the Christian legal fold, not just because he is a sharp legal strategist who eschews emotional or religious arguments but because he is a Brooklyn-born Jewish convert to Christianity, or a 'Messianic Jew,' as he puts it."

Islamic Society's Annual Convention Included Government Agencies

The Islamic Society of North America held its annual convention in suburban Chicago over Labor Day weekend. Speeches and exhibit booths by various federal officials and agencies provoked criticism from some sources. Melissa Rogers has a posting today that reviews these and other aspects of the 4-day meeting. The convention included a major address by Rabbi Eric H. Yoffie, president of the Union for Reform Judaism.

Sarkozy Wants French Schools To Teach About World's Religions

France's President Nicolas Sarkozy in a speech today said that there is a place for discussion of religion in French public schools, even though the country's Enlightenment values and secularism were critical to prevent religious confrontation . Christian Today quoted Sarkozy, who said: "The origins of the great religions, their visions of mankind and the world should be studied ... (in the spirit) of a sociological, cultural, historical analysis which would allow a better understanding of the fact of religion."

Belgian Prosecutor Wants To Indict Scientology On Fraud Charges

In Belgium, investigating prosecutor Jean-Claude Van Espen has recommended that 12 people connected with the Church of Scientology be indicted on charges of fraud and extortion. The AP today says that the recommendation follows a 10-year investigation into the U.S.-based group. Van Espen also recommended that Scientology be labeled a criminal organization, and concluded that its European office and its Belgian missions unlawfully practiced medicine, violated privacy laws and used illegal business contracts. It is now up to an administrative court to decide whether to proceed with the charges.

UPDATE: In response to a question, a U.S. State Department spokesman said on Tuesday: "If Belgian authorities have evidence that individuals violated Belgian law, they should take appropriate legal steps, consistent with Belgium's international obligations to protect freedom of thought, conscience, and religion. We would, however, oppose any effort to stigmatize an entire group based solely upon religious beliefs...."

Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine

Anderson v. Matthews, 2007 Tex. App. LEXIS 7081 (14th TX Ct. App., Aug. 30, 2007), involved a dispute between various members of Houston's Missionary Baptist Church. A Texas state appellate court affirmed the dismissal of the case on the basis of the ecclesiastical abstention doctrine. It held: Although stated in terms of contract and tort claims, failure to abide by church bylaws, and various other legal 'emblemata,' the gravamen of the Members' complaint involves their dissatisfaction with Matthews's performance as pastor of New Birth and their desire to remove him from the pulpit, which is an ecclesiastical matter."

Recent Prisoner Free Exercise Cases

In a lengthy opinion after remand from the 4th Circuit Court of Appeals, in Lovelace v. Lee, 2007 U.S. Dist. LEXIS 62522 (WD VA, Aug. 24, 2007), a Virginia federal district court rejected free exercise and RLUIPA challenges to the Ramadan observance policy of the Keen Mountain Correctional Center. The challenged policy removed prisoners from the Ramadan program if they were observed taking meals during Ramadan from the regular diet line at regular mealtimes. Originally those removed were also unable to participate in group religious services, but changes in policy cured that by scheduling weekly Nation of Islam services-- both live and by video-- so that they were available during Ramadan. The court called on prison authorities to submit evidence that due process concerns over proper identification of inmates removed from the Ramadan program had been met.


In Saif'ullah v. Padaoan, 2007 U.S. Dist. LEXIS 62673 (ED CA, Aug. 24, 2007), a California federal Magistrate Judge recommended that plaintiff be permitted to move ahead with his claim that his free exercise rights were violated when rules regarding inmate work schedules were enforced to prevent plaintiff from attending Muslim religious services. However, the Magistrate Judge recommended summary judgment be granted for plaintiffs on claims regarding refusal to permit prayers in the day room prior to 5:30 a.m., and on disagreements regarding interpretation of Islamic religious doctrine.


In Bess v. Alameida, 2007 U.S. Dist. LEXIS 63871 (ED CA, Aug. 29, 2007), a prisoner challenged prison rules restricting the amount of religious material that inmates of a California state prison could receive by mail. A California federal Magistrate Judge recommended that the claim for an injunction be dismissed because changes in regulations made the complaint moot, but that other free exercise, RLUIPA and equal protection claims be permitted to move ahead. The Magistrate Judge held that since the prison's policy applied only to religious publications, it was an impermissible content-based regulation.


In Auleta v. Goord, 2007 U.S. Dist. LEXIS 63549 (ND NY, Aug. 28, 2007), a New York federal district judge found that a Wiccan prisoner failed to demonstrate that the exercise of his religion was substantially burdened by the denial of the tarot cards, a prohibition on in-cell burning, or alleged deficiencies in the holy day calendar.

Recent Articles Of Interest

From SSRN:

• Nelson Tebbe, Excluding Religion, (University of Pennsylvania Law Review, Forthcoming).
• Michael J. Perry, Morality and Normativity , (Legal Theory, Forthcoming).
• Nelson Tebbe, Witchcraft and Statecraft: Liberal Democracy in Africa, (Georgetown Law Journal, Forthcoming).

From SmartCILP:

• Katayoun Alidadi, The Western Judicial Answer to Islamic Talaq: Peeking Through the Gate of Conflict of Laws, 5 UCLA Journal of Islamic & Near Eastern Law 1-80 (2005-2006).
• Mousa Abou Ramadan, The Shari'a in Israel: Islamization, Israelization and the Invented Islamic Law, 5 UCLA Journal of Islamic & Near Eastern Law 81-129 (2005-2006).
• Col. (Ret.) Richard D. Rosen, Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State, 38 University of Toledo Law Review 1137-1178 (2007).
• Rabbi Alan Mayor Sokobin, Rabbinic Confidentiality: American Law and Jewish Law, 38 University of Toledo Law Review 1179-1197 (2007).
• Aaron Tyler, Administering a Sacred Trust: The Place of Religious Tolerance in the State of Pakistan, 5 UCLA Journal of Islamic & Near Eastern Law 131-152 (2005-2006).
• Symposium: Islam and International Law. Articles by Mohammad H. Fadel, Sadiq Reza, Khaled Abou El Fadl, Amira El-Azhary Sonbol, Clark B. Lombardi and M. Cherif Bassiouni. 8 Chicago Journal of International Law 1-146 (2007).

Louisiana School Board Prayer Suit Finally Dismissed

The Advocate today reports that on August 22, a Louisiana federal district judge formally dismissed the ACLU's suit against Tangipahoa Parish School Board as she was ordered to do by the U.S. 5th Circuit Court of Appeals. (See prior posting.) Plaintiffs lost their challenge to school board invocations on standing grounds. This leaves the school board free to implement the new prayer policy that it adopted last month.

Conference Urges Malaysia To Appoint Women To Syariah Court

Bernama reports that a government-organized conference on Muslim Women in the Midst of Change that concluded yesterday in Kuala Lumpur is urging Malaysian authorities to appoint women as Lower Syariah Court judges. The National Fatwa Council decided in April that it was permissible to appoint women, but so far this decision has not been implemented.