New Scholarly Articles, Books and Movie

From SSRN:

• Peter G. Danchin, Of Prophets and Proselytes: Freedom of Religion and the Conflict of Rights in International Law, (Harvard International Law Journal, Vol. 49, 2008).
  
• Peter G. Danchin, Suspect Symbols: Value Pluralism as a Theory of Religious Freedom in International Law, (Yale Journal of International Law, Vol. 33, 2008).
  
• Peter G. Danchin, The Emergence and Structure of Religious Freedom in International Law Reconsidered, (Journal of Law and Religion, Vol. 23, No. 1, pp. 101-180, 2007/2008).
  
• Michael J. Perry, Religion as a Basis of Lawmaking? Herein of the Nonestablishment of Religion, (Emory Public Law Research Paper No. 07-27, Dec. 4, 2007).
  
• Linda C. McClain, The Role of the Natural Family in Religious Opposition to Human Rights, (Boston Univ. School of Law Working Paper No. 07-31, 2007).
  
• Jonathan Zasloff, Left and Right in the Middle East: Notes on the Social Construction of Race, 47 Virginia Journal of International Law 201-258 (2006).

From SmartCILP:

• Rabbi Yitzchok Alderstein, Lawyers, Faith, and Peacemaking: Jewish Perspectives on Peace, 7 Pepperdine Dispute Resolution Law Journal 177-187 (2007).
  
• Marci A. Hamilton, The Waterloo for the So-Called Church Autonomy Theory: Widespread Clergy Abuse and Institutional Cover-Up, 29 Cardozo Law Review 225-245 (2007).
  
• Heena Musabji & Christina Abraham, The Threat to Civil Liberties and Its Effect on Muslims in America, 1 DePaul Journal for Social Justice 83-112 (2007).
  
• Aalok Sikand, ADR Dharma: Seeking a Hindu Perspective on Dispute Resolution from the Holy Scriptures of the Mahabharata and the Bhagavad Gita, 7 Pepperdine Dispute Resolution Law Journal 323-372 (2007).

New Books:

• Sultan Ghalib al-Qu’aiti, The Holy Cities, The Pilgrimage and The World of Islam-- A History From the Earliest Traditions Till 1925 (1344H), (Fons Vitae, 2007), reviewed in The American Muslim.
  
• Robert F. Cochran, Jr. (ed.), Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, (NYU Press, Dec. 1, 2007), noted at Mirror of Justice.

New Documentary Movie:

• Article VI-- Faith, Politics, America (Living Biography Media, Jan. 15, 2008), reviewed in Human Events.

Some Evangelical Christians Oppose Romney Over Religious Beliefs

Laurie Goodstein writes in today's New York Times, candidly spelling out the religious objections that some evangelical Christians are raising to Republican presidential candidate Mitt Romney. She says:

If it were almost any other church, a missionary past would most likely be an asset for a presidential candidate.... But to many American Christians, those friendly Mormon missionaries embody exactly what they fear and resent about Mormonism....

"His candidacy alone has been a long infomercial for the Mormon cult," said Bill Keller, an evangelist in Florida who runs an Internet prayer network. "As president he’s going to carry the influence of that office, not just here but worldwide, and there’s no denying it’s going to lead people to check out that religion, which according to biblical Christianity, will lead them ultimately to hell."...

Many voters trying to choose between Mr. Romney and Mike Huckabee may not perceive the contest as governor versus governor. They will see it as grown-up Mormon missionary versus Southern Baptist preacher, and they will not vote for what scares them.

Congressional Human Rights Caucus Holds Hearings On Vietnam

On Thursday, the Congressional Human Rights Caucus held a hearing on religious freedom in Vietnam. Voice of America reported that U.S. Ambassador-at-Large for International Religious Freedom, John Hanford, defended the administration's 2006 decision to remove Vietnam from the list of "Countries of Particular Concern"-- the list of the most egregious violators of religious freedom. Leo Leonard, a member of the U.S. Commission on International Religious Freedom, also testified (full text), calling attention to continuing problems in Vietnam. Other witnesses included Amnesty International representative T. Kumar, Nguyen Dinh Thang of Boat People SOS, and Chris Seiple of the Institute for Global Engagement (summary of remarks).

San Joaquin Diocese Completes Formal Split From Episcopal Church

On Saturday, the Diocese of San Joaquin became the first entire diocese to break away from The Episcopal Church (TEC), though three to eight parishes are likely to remain affiliated with TEC. Today's New York Times reports that the formal vote confirmed a similar vote last year (see prior posting), and it lays the groundwork for extensive litigation between the Diocese and its former parent body. A number of lawsuits over ownership of church property are already pending between TEC and individual churches that have broken away. The San Joaquin Diocese, which has 47 parishes and 8,800 members, also voted to join either a foreign Anglican province or regional church. Ultimately a new province may be formed in North America to link the more conservative churches that are breaking away from the TEC. Dissatisfaction with more liberal doctrines of TEC were crystallized with the ordination in 2003 of a gay man as bishop of New Hampshire. (See prior related posting.)

USCIRF Protests Malaysian Action Against Hinuds

Last week, the U.S. Commission on International Religious Freedom issued a release expressing concern over recent actions taken by the government of Malaysia against its Hindu minority. It said that authorities have increasingly demolished Hindu temples and shrines to build expressways or or other projects around Kuala Lumpur. Politicians have also ordered Hindu statues visible from a busy highway destroyed. Malaysian authorities have also used violent tactics against Hindu demonstrators who were seeking to call attention to economic, social and religious discrimination against the Indian minority in the country. USCIRF Chair Michael Cromartie called for "the U.S. government to raise the destruction of Hindu temples with Malaysian authorities and insist that immediate measures be taken to protect sacred sites and prevent further destruction." AFP on Friday reported on the USCIRF statement.

Florida Becomes Latest Venue For Debate On Teaching Evolution

Florida has become the latest center of attention in the seemingly never-ending debate over teaching of evolution in public schools. Yesterday's Miami Herald reported that revisions in the state science standards proposed by the Florida Department of Education would for the first time use the term "evolution", replacing the euphemism "biological changes over time". Parent Kim Kendall, while denying a religious motive, is organizing opposition and seeking to have teachers present "both the faults and the supports of evolution". The full text of the proposed standards are available from the Science Standards Review website.

Indian Panel Complicates Award of Benefits To Dalit Converts

In India last May, the National Commission for Religious and Linguistic Minorities recommended that the special benefits given to Hindu, Sikh and Buddhist dalits ("untouchables") be extended to those who convert to Christianity or Islam. Yesterday's Times of India says that in a follow-up, the NCRLM says that there is insufficient evidence that these converts suffer from the stigma of untouchability. Therefore a separate quota for "converts", based on population, should be created since "untouchability is the criteria for inclusion of a caste in the SC list and it is not satisfactorily fulfilled in this case". This means that any set-asides for Christian and Muslim converts could impact quotas now allocated to Other Backward Classes. (See prior related posting.)

Mormon Student's Suit Against West Virginia Scholarship Board Settled

According to the Charleston (WV) Gazette-Mail, on Friday the West Virginia Higher Education Policy Commission and the state's Promise Scholarship Board agreed to settle a lawsuit that had been filed by West Virginia University student David Haws. The suit challenged Promise scholarship rules that has prevented Haws from keeping his scholarship after he took a two-year leave of absence to serve a Mormon church mission. Haws scholarship was reinstated in October, and earlier this month the Board voted to change its leave policy. (See prior posting.) The last step leading to the parties signing a joint stipulation settling the case was the state's reimbursement of legal fees to the ACLU which had filed suit on behalf of Haws. Despite this, in January Haws will transfer to Southern Virginia University, a private school that has awarded him a full scholarship.

Naturalization Oath Modified To Accommodaate Raelian

The standard Oath of Allegiance for Naturalized Citizens prescribed by the U.S. Citizenship and Immigration Services concludes with the phrase "so help me God". Las Vegas Now reports that at a naturalization ceremony on in Nevada on Friday former Swiss citizen Thomas Kaenzig convinced federal officials to permit him to take the oath without that final phrase. Kaenzig is a Raelian. Raelians believe that humans were created by a race of extraterrestrials. As a pacifist, Kaenzig was also permitted to exclude from his oath the promise to bear arms on behalf of the United States.

UPDATE: 8 CFR Sec. 337.1(b) specifically permits deletion of "so help me God" from the oath for reasons of conscience. [Thanks to posted Comment from Scott M.]

Two Reports On Faith-Based Activities Released

Last Wednesday, the Roundtable on Religion and Social Welfare Policy held its 2007 Conference, "Acts of Faith: Congregations and Social Services". In connection with the conference, it released two reports. One titled American Congregations and Social Service Programs presents the result of a survey by Prof. John Green on the extent to which religious congregations offer social service programs, and the extent to which they rely on grants to fund the programs. The report found: "less than one-tenth of all congregations reported seeking government grants for social services in the past four years. But nearly one-half said they were likely to increase government grant activity in the future. Overall, the congregations reported higher levels of private agency grant activity, with more than one-sixth having sought a private grant in the last four years. Nearly two-thirds of all congregations said they would likely increase private grant activity in the future." Friday's Chicago Tribune summarizes other portions of the survey.

The second report was The State of the Law 2007: Legal Developments Affecting Government Partnerships with Faith-Based Organizations , written by law professors Ira Lupu and Robert Tuttle. The report covers areas such as standing, legislative earmarks, child custody, various kinds of government grants to faith-based groups, government chaplains, prison activities, and discretionary exclusion of faith-based groups from government programs. [Thanks to Melissa Rogers for the lead.]

Recent Prisoner Free Exercise Cases

In Bock v. Gold (Case No. 1:05-CV-151, D VT, Nov. 28, 2007) [available on PACER], a Vermont federal magistrate judge recommended that a portion of a Jewish prisoner’s free exercise claims be permitted to proceed. The prisoner alleged that he was refused certain accommodations that would permit him to celebrate Passover, Hanukkah and Purim. He also alleged that prisoners of other faiths obtained more extensive accommodation of their practices. The magistrate judge rejected plaintiff’s claim that damages are available under RLUIPA. However he concluded that a claim for punitive damages for violations of plaintiff’s free exercise rights could move ahead. The Dec. 1 Burlington Free Press reported on the decision.

In Farnworth v. Craven, 2007 U.S. Dist. LEXIS 88223 (D ID, Nov. 30, 2007), an Idaho federal magistrate judge refused to permit a prisoner, now on parole, to pursue a damage claim against the executive director of the Idaho Commission of Pardons and Parole. Plaintiff complained that he was required to attend a substance abuse program containing a religious component in order to gain eligibility for parole. The court concluded that defendant had absolute immunity from damage claims stemming from this exercise of discretion in imposing parole conditions.

In Georges v. Ricci, 2007 U.S. Dist. LEXIS 89030 (D. NJ, Dec. 4, 2007), among numerous claims about his condition of confinement, plaintiff, without specifying his religious beliefs, alleged generally that he had been deprived of unspecified religious items and services. The court dismissed the claim, with leave to amend and refile it spelling out his claim more clearly.

In Kaufman v. Schneiter, 2007 U.S. Dist. LEXIS 88880 (WD WI, Nov. 27, 2007), a Wisconsin federal district court dismissed for lack of standing an atheist prisoner’s Free Exercise claim challenging the policy that prevented inmates in the high security “step program” from receiving religious or other publications. The court also rejected an Establishment clause claim that the prison maintained a stock of Christian reading materials, but not reading materials on atheism. The court found that the prison official named in these charges had not been shown to have been involved in decisions not to stock atheist literature.

In Campbell v. Schriro, 2007 U.S. Dist. LEXIS 89300 (D AZ, Nov. 21, 2007), and Arizona federal district court allowed a prisoner, a follower of the Avsarian religion, to proceed with a claim that a prison chaplain discriminated against him in not approving a vegetarian diet while approving such diets for Christian inmates who requested them. The court rejected plaintiff’s claims that the Arizona Department of Corrections negligently hired, supervised and trained its chaplains, and permitted Christian chaplains to assess the legitimacy of non-Christian religions. Plaintiff failed to allege facts supporting these claims.

In Roberson v. Woodford, 2007 U.S. Dist. LEXIS 89253 (NC CA, Nov. 15, 2007), a California federal district court permitted a prisoner to proceed with a claim that he should receive time credit restoration and damages because he was unconstitutionally disciplined for wearing a beard as required by his religion. He claimed that prison grooming standards violated his rights under the free exercise clause and RLUIPA.

New York Principal Demoted For Using School Funds For Santeria Ceremony

The New York Post reported last week that New York City school principal Maritza Tamayo has agreed to a demotion, a pay cut, and to resign next year after an investigation by the city's Conflicts of Interest Board. Tamayo convinced an assistant principal to fund $900 so she could cleanse the Unity Center for Urban Technologies building of negative energies through a Santeria ceremony. The ceremony, involving the use of chicken blood, was conducted at a time that no students were in the school. [Thanks to Chas S. Clifton for the lead.]

Florida High Court Refuses Review Of School Chaplain's Confidentiality Breach

Yesterday in Woodard v. Jupiter Christian School, (FL Sup. Ct., Dec. 6, 2007), the Florida Supreme Court, by a vote of 5-2, refused to review a case brought by a former student at a private Christian school. Jeffrey Woodard was expelled from Jupiter Christian School after the school's chaplain in whom he confided went back on his promises of confidentiality and disclosed to school administrators that Woodard was gay. In 2005, a Florida Court of Appeals (Woodard v. Jupiter Christian Sch., Inc.) certified to the Supreme Court the question of whether Florida's "impact rule" precludes "a claim for negligent infliction of emotional distress arising out of the breach of confidential information provided to a clergyman." The impact rule prevents suits solely for negligent infliction of emotional distress unless the injury resulted from a physical impact. Today's Palm Beach Post reports on the Supreme Court's decision.

Creationist Sues After Firing For Refusing To Work On Part of NIH Grant Project

An interesting religious discrimination lawsuit was filed earlier this week in federal district court in Boston. Biology researcher Nathaniel Abraham was fired from his post-doc position at the prestigious non-profit Woods Hole Oceanographic Institution in 2004 after he requested not to work on "evolutionary aspects" of the NIH grant for which he was hired. Today's Boston Globe reports on the lawsuit by Abraham who claims he was subjected to a hostile work environment after he disclosed to his supervisor, senior scientist Mark E. Hahn, that he does not believe in evolution as a scientific fact. Abraham, who is now employed by Liberty University, was dismissed by Hahn because evolutionary theory was central to the research and to publications that Abraham was to co-author with Hahn. The Massachusetts Commission Against Discrimination dismissed Abraham's complaint earlier this year.

New Institute Trains Christian Students To Engage Secular Society

A story reprinted yesterday from the Colorado Springs (CO) Gazette profiles the Colorado Springs-based John Jay Institute for Faith, Society and Law. The Institute offers a year-long program to train college graduates on how to promote conservative Christian values as leaders in secular public life. Students spend a semester in demanding academic courses, and a second semester as interns at conservative political think-tanks in Washington, D.C. and elsewhere. The article reports: "The institute is the latest evidence of an intellectual movement that is taking the conservative Christian message beyond buzzwords such as anti-homosexuality and anti-abortion to attract better-educated and younger people who are interested in wider social issues such as the environment, science and law."

8th Circuit Enjoins MO's Funeral Picketing Law; KS Law Argued in State Supreme Court

Leaders of the Topeka, Kansas Westboro Baptist Church yesterday won their appeal to the U.S. 8th Circuit Court of Appeals and obtained a preliminary injunction prohibiting Missouri officials, at least for now, from enforcing the state's anti-funeral picketing law against them. The court summarized plaintiff's claim as follows:

Phelps alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church's religious message: that God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not. Phelps believes funerals are the only place where her religious message can be delivered in a timely and relevant manner.

In Phelps-Roper v. Nixon, (8th Cir., Dec. 6, 2007), the court held that plaintiff had demonstrated a fair chance of prevailing on the merits of her claim, and so was entitled to a preliminary injunction while the constitutionality of the statute is being thoroughly reviewed. Treating the statute as content-neutral and thus subject to intermediate scrutiny, the court questioned how important an interest the state has in protecting individuals from unwanted speech directed at them outside of their home. It said that plaintiff has a fair chance of proving that the Missouri statute is not narrowly tailored or is facially overbroad, and that it does not leave open ample alternative channels of communication. The court relied particularly on its 1999 decision in Olmer v. Lincoln enjoining enforcement of a law banning picketing of churches immediately before, during and after a scheduled religious activity. The AP yesterday reported on the decision. [Thanks to How Appealing for the lead.]

Meanwhile, AP reports that yesterday morning the Kansas Supreme Court heard arguments in another funeral-picketing-law case. Kansas placed a provision in its anti-funeral picketing statute, preventing it from going into effect until it was declared constitutional by the state Supreme Court or a federal court. The provision was included in order to prevent Westboro Baptist Church from becoming a plaintiff in a case challenging the law, and potentially collecting attorneys' fees if successful. (AP) However now the Kansas Supreme court is questioning whether the judicial trigger is constitutional. The Kansas attorney general's office is arguing that the judicial trigger provision can be struck down and the remainder of the law enforced. (See prior related posting.)

Hate Crimes Provisions Stripped From Defense Bill, Dooming Passage This Year

The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act will not pass Congress this year. The bill which was strongly opposed by many Christian conservatives extends hate crimes protection to gays and lesbians (as well as to women and the disabled). (See prior posting.) Today the New York Times and the Washington Post report on the complicated maneuverings that doomed the bill. The hate crimes measure had passed the House, and then passed the Senate as an addition to the 2008 defense authorization bill. A number of Democrats in the House, however, were refusing to vote for the defense bill because it includes no timeline for troop withdrawal from Iraq, and many House Republicans were opposed to attaching the hate crimes measure to the defense bill, since the President has threatened to veto the hate crimes amendments. (See prior posting.) Faced with the prospect of insufficient votes in the House, Democrats agreed in Conference yesterday to strip the hate crimes language from the defense bill. California Rep. Lynn Woolsey commented: "That is what happens when you put good things in bad bills."

President Speaks At National Christmas Tree Lighting

President Bush yesterday spoke (full text of remarks) at the lighting of the National Christmas Tree. He said, in part:

Each year at this time, we rejoice in the proclamation of good news, that in Bethlehem of Judea, a Savior was born. And we rejoice in the Christmas promise of peace to men of goodwill. We also reflect on the mystery of Christmas: the story of the Almighty, who entered history in the most vulnerable form possible -- hidden in the weakness of a newborn child. And we reflect on the call of our Creator -- who by taking this form, reminds us of our duty to protect and care for the weak and the vulnerable among us.

During this Christmas season, millions of Americans will answer this call by reaching out a compassionate hand to help brothers and sisters in need. We are thankful for these good souls who show the good heart of our nation. We're also thankful for the thousands of Americans who answer the call by serving our nation in uniform....

DC Church Unwillingly Gets Historical Status

Yesterday the Washington, DC Historic Preservation Review Board (HPRB) conferred historic landmark status on DC's Third Church of Christ, Scientist, over the objections of the congregation. The Washington Post and the Examiner both report the story. At the request of a group that included an architectural historian, the board voted 7-0 to designate the building, designed by architect Araldo Cossutta, as a historical landmark. It is an important example of the modern architectural form known as "brutalism"-- a fortress-like concrete "boxy structure" with few windows. (Photo of building.) The designation prevents the Church from carrying out plans to tear down the building and replace it with a smaller structure. Now no changes can be made without approval of the HPRB. The Becket Fund for Religious Liberty sent a letter to the HPRB arguing that landmarking the building would violate the Religious Freedom Restoration Act.

UPDATE: The full text of the Becket Fund's letter, which focuses on the Religious Land Use and Institutionalized Persons Act as well as RFRA, is now available online.

Florida Paper Criticizes Inspection Exemptions For Faith-Based Day Cares

As part of its series of article on inspection of day care centers, last Sunday's Gainseville (FL) Sun carried an article critical of provisions that permit faith-based child day-care centers to be inspected by private organizations rather than the state of Florida. (FL Stats., Title XXIX, Sec. 402.316). Reporting that Florida is among a dozen states that have special exemptions for religiously-sponsored day cares, the paper contends that some centers have switched to faith-based status after unhappiness with state inspections. Some Florida lawmakers have called for stricter regulation of faith-based centers after a 2001 incident in which a 2-year old was found dead in a van operated by a faith-based day care. However proposals for change have not been enacted.