Texas Court Rejects Plea To Bar Autopsies of Two Muslim Men

In Fort Worth, Texas, a judge yesterday refused to stop an autopsy on two men killed in a traffic accident on Sunday night, despite pleas from their families that the autopsies violated the Muslim beliefs of the deceased. The Fort Worth Star-Telegram reports today that state District Judge Bob McGrath denied a TRO after the medical examiner and district attorney's office said that state law mandates the autopsies in order to determine the cause of death beyond a reasonable doubt. Assistant District Attorney Ann Diamond said that the medical examiner would perform as limited an autopsy as possible.

British Humanists' Report Criticizes Faith-Based Services In UK

The British Humanist Association today announced the release of a new report titled Quality and Equality: Human Rights, Public Services and Religious Organisations (full text) (Executive Summary). The report focuses on BHA's concern about the increasing use of religious organizations in Britain to supply social services under contract with the government. In its press release, BHA described its conclusions:

The report’s findings demonstrate that there is no evidence that religious organisations offer any distinctive benefits to the supply and provision of public services and actually that the Government’s clear policy objective of expanding the role of religious organisations within the public services runs the risk of lowering standards, increasing inequalities, introducing ‘parallel services’ and damaging social cohesion.

The research warns of the dangers of discrimination against staff not protected by Employment Equality Regulations pertaining to religion or belief or sexual orientation because of the exemptions that religious organisations have from equality legislation, and of potential barriers to accessing public services for the general public.

Insurance Company Sued Under Fair Housing Act On "FaithGuard" Policy

In Ohio, the National Fair Housing Alliance has filed a religious discrimination suit against GuideOne Mutual Insurance Co. alleging that its "FaithGuard" homeowners' insurance policies violate the federal Fair Housing Act. The complaint (full text) in National Fair Housing Alliance, Inc. v. GuideOne Mutual Insurance Co., (ND OH, filed 11.26/07), points to provisions in the policies that waive the insurance deductible if there is a loss to personal property while it held by the insured's church; a provision that pays church tithes or donations up to $750 if the insured suffers loss of income from certain accidental injuries; and the policy's doubling medical limits for an injury incurred at an activity hosted at the home of the insured on behalf of the insured's church. The complaint says that these benefits are not available to individuals who suffer losses while engaged in similar non-religious activities. The suit also alleges that GuideOne offers preferential treatment for Christians in its marketing and advertising. A fact sheet on the case is also available.

Yesterday's Akron Beacon Journal , reporting on the case, quotes GuideOne that says its product is ''available to everyone — whether they attend church or not and without regard to religion or denomination. No one has ever been denied the product based on church membership or attendance. There are no religion-related underwriting eligibility guidelines to obtain the product, and the company does not consider whether someone is a churchgoer before issuing a policy."

3rd Circuit Interprets RLUIPA's "Equal Terms" Provision

Yesterday the U.S. 3rd Circuit Court of Appeals issued a lengthy opinion interpreting the anti-discrimination provision of RLUIPA. The section prohibits land use regulations that treat religious institutions "on less than equal terms" than nonreligious ones. In The Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, (3d Cir., Nov. 27, 2007), the court, in a 2-1 decision, held that Long Branch, NJ did not violate the section when under a redevelopment plan it excluded churches and religious assemblies from an area zoned for entertainment and recreation.

The court held that the "equal terms" provision does not require a church to show that a "substantial burden" has been been placed on its religious exercise. However, it does require plaintiff to show that it was treated less well than a secular organization that has a similar negative impact on the aims of the challenged land-use regulation. Churches are not similarly situated because New Jersey law prohibits the issuance of a liquor license to establishments located within 200 feet of a church. The court also rejected plaintiff Lighthouse's claim under the First Amendment's Free Exercise clause, finding that its exclusion from a small area of the city did not burden its religious exercise, and that the redevelopment plan was a neutral regulation of general applicability. The court did however permit an award of damages under RLUPA for previous injury caused by a now-superseded zoning ordinance.

Judge Jordan, dissenting in part, argued that the "equal terms" provision of RLUIPA is violated when a zoning ordinance categorically excludes churches from an area where secular assemblies are permitted, without the church being required show that it is similarly situated in regard to the regulation's purpose. (See prior related posting.) [Thanks to How Appealing via Alliance Alert for the lead.]

City Council In Michigan Rejects Opening Prayer Policy

In Davison, Michigan, city council on Monday night defeated a proposal to open each meeting with a prayer. Yesterday's Flint Journal reports that the idea, proposed by Davison's new mayor, Fred "Mac" Fortner, was defeated by a 3-2 vote after Council member Joy Murray raised church-state objections. She apparently assumed that the proposal envisioned a consistently Christian invocation. Murray said she could support a moment of silence or a rotating schedule of prayers from many different religions.

California's Ban on GLBT Discrimination In Schools Challenged By Christian Groups

The AP reports that yesterday two Christian groups filed suit in a California federal district court on behalf of several teachers and a student challenging the constitutionality of California's new Student Civil Rights Act that assures equal rights in schools regardless of a person's sexual orientation or gender identity. The complaint (full text) in California Education Committee, LLC v. Schwarzenegger, (SD CA, filed 11/27/07), alleges that the new law is void for vagueness and violate provisions of the California Constitution that guarantee safety and privacy.

2nd Circuit's Invalidation of Student Fee Plan Protects Christian Student Groups

Alliance Defense Fund said last week that Christian student groups are among the beneficiaries of a recent ruling by the U.S. 2nd Circuit Court of Appeals invalidating the use of an advisory referendum as a basis for allocating funds to recognized student organizations at SUNY Albany. In Amidon v. Student Ass’n of the State University of New York, (2d Cir., Nov. 20, 2007), the court held that the use of a referendum to impact the amount of student fees allocated to various groups amounts to unconstitutional viewpoint discrimination.

New Rules Permit Menorah Lighting At Rhode Island Town Hall

In Barrington, Rhode Island this year for the first time a menorah lighting will take place in front of Town Hall during Hanukkah. This, and a Dec. 2 tree lighting ceremony, both take plce under new policies adopted earlier this month by the Town Council, according to EastBayRI.com. One policy requires that the town's holiday display be secular. The second allows individuals or non-profit, religious, fraternal or veterans' groups to obtain a permit to conduct a "temporary" event on Town Hall property. A temporary event must be taken down at night and put up the next day. The Menorah will be taken down daily to meet this requirement according to Rabbi Moshe Laufer, director of the Chabad of Barrington, sponsor of the event.

In A First, Nigerian Islamic Court Sentences Man For Adultery

Reuters today reports that for the first time since 2000 when twelve northern states in Nigeria began strict enforcement of Islamic law, a man was convicted of adultery. Mahmud Hamisu, who confessed, was sentenced to one year in prison and 100 lashes under Nigerian sharia law. The lashes were administered shortly after his conviction. Since 2000, six pregnant unmarried women were sentenced to death for adultery by these courts, but all their sentences were overturned on appeal.

Cert. Denied In Two Church-State Cases

Yesterday, the U.S. Supreme Court denied certiorari (Order List) in two church-state cases. One was Harris County, TX v. Staley (Docket Nos. 07-100 and 07-286), involving the display of a Bible in a monument on the grounds of the Harris County, Texas court house. The district court, as well as a 5th Circuit panel's decision, found that the display violated the Establishment Clause. Ultimately the 5th Circuit en banc refused to reach the merits because of subsequent mootness. However it left the district court decision in place and ordered defendants to pay attorneys' fees. (See prior posting.) Yesterday's Houston Chronicle covered the cert denial. In another article, the Chronicle reports that some county officials still hope the monument and Bible can be installed elsewhere on county property.

The second case in which cert was denied was Teen Ranch, Inc. v. Udow, (Docket No. 07-362). In the case, the 6th Circuit had upheld the decision of Michigan's Family Independence Agency to stop placing abused, neglected and delinquent children with Teen Ranch because the faith-based organization coerces religious participation by youths in their programs. (See prior posting.) Today's Detroit News reports on the denial of cert. [Thanks to Steven C. Sheinberg for the leads.]

Annapolis Conference Begins With Religiously-Compliant Dinner Menu

Last night, Secretary of State Condoleezza Rice hosted a dinner in Washington for participants in the Annapolis Middle East Peace Conference. President Bush attended and spoke of his commitment to the peace process. The AP reports that the dinner menu was planned to carefully comply with both Jewish and Muslim dietary restrictions. The world leaders offered a toast using non-alcoholic beverages. Entree choices were either red and yellow beet salad with mango and curried mango dressing, or honey-soy glazed sea bass with cabbage, snow peas and mushrooms. Last week the AP reported that attendees who wish to explore the city of Annapolis will find little in the way of kosher food, and only a bit more that is Halal-compliant. Annapolis has no kosher or halal markets.

2nd Circuit OK's Border Policy Targeting Attendees At Muslim Conference

In Tabbaa v. Chertoff, (2d Cir., Nov. 26, 2007), the U.S. 2nd Circuit Court of Appeals rejected a challenge brought by several Muslim U.S. citizens to the border inspection policy implemented by the U.S. Bureau of Customs and Border Protection (CBP). Plaintiffs had attended a Reviving Islamic Spirit (RIS) Conference in Canada and, upon their return to the U.S., had been detained for several hours, questioned, searched and photographed. The court rejected plaintiffs' claims that their religious freedom rights under the First Amendment and RFRA were violated by the CBP policy, and that their associational rights were violated by CBP's targeting of individuals who attended the RIS Conference. The court concluded that the searches and detention of plaintiffs furthered a compelling governmental interest in preventing terrorism, and the fingerprinting and photographing involved were the least restrictive means of furthering that interest. The court also rejected arguments that CBP had exceeded its statutory authority and had violated the 4th Amendment's prohibition of unreasonable searches and seizures. (See prior related posting.) The AP yesterday reported on the decision. [Thanks to Steven C. Sheinberg for the lead.]

Retrial Opens In Vermont In Sexual Abuse Case Against Church

Today's Burlington (VT) Free Press reports on the start of the retrial in a case of James Turner who claims that Vermont's Roman Catholic Diocese failed to protect him from sexual molestation by a priest in 1977. The incident occurred after a ceremony for Turner's brother who was about to become a priest. A mistrial was declared in June in the first trial of the case because of objectionable questioning of Turner by diocesan lawyers. Turner's lawyer, Jerome O'Neill, in his opening statement argued that the diocese systematically hired priests with questionable backgrounds, ignored warning signs and covered up misconduct to protect against lawsuits.

UPDATE: On Thursday, Judge Matthew Katz who is hearing the case ruled that while the claim for compensatory damages for negligent supervision may go to the jury, no award of punitive damages against the Diocese will be permitted because plaintiff did not prove that the Diocese knew of Rev. Alfred Willis' prior history of molesting children. (Rutland Herald).

Russian Authorities Urge Cult Members To Release Children From Cave

In Russia's Penza province, some 400 miles southeast of Moscow, 29 followers of a doomsday prophet have retreated to a cave to await the end of the world which they believe will occur this May. (International Herald Tribune, 11/21).One of the group's leaders in a dream conceived the idea of the move in order to save themselves during the time of the apocalypse. The group has been in the cave since Oct. 24, and they threaten to blow themselves up if forced to leave. Their leader, Pyotr Kuznetsov, founder of the True Russian Orthodox Church, is now confined to a psychiatric hospital after being charged with setting up a religious organization associated with violence. Beloruski Novosti reported yesterday that a member of the Belarus' parliament went to the cave on Sunday and spoke with the group which includes 10 or 12 Belorussian citizens.

Yesterday, RIA Novosti reported that Kuznetsov has refused to help authorities convince the group to release four small children who are with them. Psychiatrists from Moscow are currently negotiating with those inside the cave, focusing on release of the children. They are being assisted by millionaire businessman German Sterligov who has himself been living in a remote forest hut to protect his family from the "negative influence of television and modern schools".

Sudan Arrests Primary School Teacher Over Name of Teddy Bear

Reuters today reports that in Khartoum, Sudan, a British elementary-school teacher has been arrested for permitting her class of 7-year olds to name a teddy bear Mohammad. Teacher Gillian Gibbons was combining a unit on animals and their habitats with an attempt to teach students about voting. Students came up with eight possible names for the bear, and then voted on their favorite. Twenty of the 23 students voted for "Mohammad". After a number of parents complained to Sudan's Ministry of Education, Gibbons was arrested on charges of insulting the Prophet Mohammad. The Sudanese Media Centre said charges of insulting religion were being prepared "under article 125 of the criminal law". (However under Sudan's 2003 Penal Code , it would appear that Sections 242 and 242(A) are the sections involved.) Other teachers at the over-100 year old independent Unity High School that is run by members of various Christian denominations -- but which also enrolls Muslim students -- said that Gibbons merely made an innocent mistake. Meanwhile school director Robert Boulos has closed the school until January for fear of reprisals.

New York's RFRA Proposals Generate Opposition

With the support of Gov. Eliot Spitzer, a Religious Freedom Restoration Act (S 6464 and A 9098), has been introduced into New York's legislature. The proposed law would prohibit state and local governments from substantially burdening religious exercise unless they have a compelling interest and use narrowly tailored means to achieve that interest. Today's Rochester Democrat and Chronicle reports that Speaker Sheldon Silver-- along with 40 co-sponsors-- is introducing an alternative bill that will also prohibit using religious liberty protections to defend against enforcement of anti-discrimination and health care access laws. A Christian lobbying group, New Yorkers for Constitutional Freedoms, opposes that bill because of its protection for abortion rights and rights of homosexuals. Meanwhile, the Albany-based Institute for Humanist Studies is opposing RFRA more generally, objecting to the special rights it gives to those who practice religion. (Press release).

Islamic Academy In Virginia on Defensive As Legislators Press For Action

Last month, the U.S. Commission on International Religious Freedom urged the closure of the Islamic Saudi Academy in Fairfax, Virginia, pending a review of its textbooks. (See prior posting.) Yesterday the AP reported that a group of U.S. senators has written the State Department urging it to act on the recommendations, and last week a bill was introduced in the House of Representatives to require implementation of USCIRF's recommendations. The Academy, however, is defending itself. It has given copies of its books to the Saudi embassy, which in turn forwarded them to the State Department, though USCIRF has not yet seen them. The school's director general, Abdalla al-Shabnan, says that it has modified Saudi textbooks to remove passage that are intolerant of other religions. The Academy is also strongly defended by schools that compete against it in interscholastic sports-- including private Christian schools.

Saudis Attempt To Justify Sentence Imposed On Rape Victim

The AP reports that on Saturday, Saudi Arabia's Justice Ministry issued a statement defending a controversial sentence under Islamic law imposed by Saudi courts on a rape victim. The victim and her male companion were abducted from a shopping mall parking lot by seven men. Last week, U.S. Democratic Presidential candidates, human rights groups and the State Department all criticized the sentence of 200 lashes and six months in jail. The victim violated Saudi Arabia's Sharia law requiring women to have a male relative with them when they are in public. (CNN). The woman was originally sentenced to 90 lashes, but the sentence was increase on appeal. Her attackers were sentenced last month to two to nine years in prison. The Saudi statement issued Saturday says that the woman was partially dressed in a parked car with her lover when they were attacked. It said the sentence followed the "the book of God and the teachings of the Prophet Muhammad". The woman's lawyer, whose license has was suspended after he filed the appeal, faces a disciplinary hearing at the Ministry of Justice next month.

UPDATE: Arab News reported on Tuesday that Abdul Rahman Al-Lahem, lawyer for the woman who was sentenced, will now file a defamation suit through the Ministry of Culture and Information because of the statement by the Ministry of Justice that included a claim that the rape victim had confessed to having an illegal affair.

UPDATE: AP reported on Tuesday that Saudi Arabia's Prince Saud al-Faisal, in a statement issued while he is in the U.S., said that "the Saudi judiciary will review the case".

UPDATE: On Jan 21, 2008, CNN reported that lawyer Abdul Rahman Al-Lahem told CNN that the Saudi Jusice Ministry has reinstated his license to practice law. In December, the Justice Ministry claimed that the lawyer's license had never been revoked.

Recent Scholarly Articles of Interest

From SSRN:

• Nathan B. Oman, Jurisprudence and the Problem of Church Doctrine, (Journal of the Society for Mormon Philosophy and Theology, Vol. 2, No. 2, Fall 2006).

From SmartCILP:

• Don Ellinghausen, Jr. Venting of Vipassana? Mindfulness Mediation's Potential for Reducing Anger's Role in Mediation, 8 Cardozo Journal of Conflict Resolution 63-83 (2006).
• Aaron Jay Saiger, School Choice and States' Duty to Support "Public" Schools, 48 Boston College Law Review 909-969 (2007).

Times Explores Churches' New Role In Economic Development

Friday's New York Times ran a long piece in its Business Section titled Megachurches Add Local Economy to Their Mission. Here is an excerpt:

[S]ome huge churches ... are becoming catalysts for local economic development, challenging a conventional view that churches drain a town financially.... But the entrepreneurial activities of churches pose questions for their communities that do not arise with secular development.

These enterprises, whose sponsoring churches benefit from a variety of tax breaks and regulatory exemptions given to religious organizations in this country, sometimes provoke complaints from for-profit businesses with which they compete.... Mixed-use projects, like shopping centers that also include church buildings, can make it difficult to determine what constitutes tax-exempt ministry work, which is granted exemptions from property and unemployment taxes, and what is taxable commerce.

And when these ventures succeed — when local amenities like shops, sports centers, theaters and clinics are all provided in church-run settings and employ mostly church members — people of other faiths may feel shut out of a significant part of a town’s life, some religion scholars said.

[Thanks to Melissa Rogers for the lead.]