White House Hosts Hanukkah Reception

Yesterday, at the White House, President Bush hosted a Hanukkah Reception. In his remarks (full text), the President indicated that the menorah that would be used at the ceremony belonged to the grandfather of Wall Street Journal reporter Daniel Pearl. Reporter Pearl was kidnapped and murdered by terrorists in Pakistan in 2002. Daniel Pearl's parents lit the menorah. Earlier in the day, to mark International Human Rights Day, the President met with a group of Jewish immigrants who had emigrated to the U.S. from Iran, Syria and the Soviet Union in order to gain religious freedom. (President's remarks). Two Jewish members of the President's cabinet-- Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff-- attended the White House Hanukkah reception. One of the interesting photos of the reception on the White House website shows the President speaking at the Hanukkah gathering in a room dominated by two large Christmas trees.

UPDATE: Another photo shows First Lady Laura Bush with three rabbis during the koshering of the White House kitchen that took place before preparing food for the Hanukkah reception.

Under Maldives Proposed Constitution, Only Muslims Could Be Citizens

In the Maldives, a Special Majlis (constitutional assembly) is attempting to draft a new constitution for the country so that presidential elections can take place in 2008. (Minivan News, Dec. 9). According to the blog Secular Maldives, last month, by a large majority, the Special Majlis voted to add a provision to the new constitution that limits citizenship in the Maldives to Muslims.

German Court Rejects Challenge To Ban on Civil Servants Wearing Religious Dress

Both DPA and the AP are reporting on a decision handed down yesterday by a regional court in the German state of Hesse. There are some inconsistencies between the two reports. In 2004, Hesse enacted legislation banning all civil servants from wearing articles of clothing that "could endanger confidence in the neutrality of their carrying out their official duties." Yesterday the court upheld what was apparently a facial challenge to the law, saying that since civil servants represent the state, the state may control what they wear. Attorney Ute Sacksofsky argued that the ban infringes constitutionally protected religious freedom and gender equality. After the court handed down its decision, Sacksofsky said that it did not deal with the question of whether Islamic head coverings came within the statute's prohibitions.

Chile Fines Pharmacies For Refusing To Stock "Morning-After" Pill

In Chile, a government order requires all pharmacies to stock Levonorgestrel, known as the "morning after pill". Yesterday's Christian Post reports that the government has imposed over $300,000 in fines on more than 100 pharmacies that have not complied. One major pharmacy chain that was fined said that selling the pill would violate the religious beliefs of the chain's conservative Catholic owners. A number of individual pharmacies also object to stocking the pill on ethical, moral or religious grounds.

Story Features Maryland City Councilman Who Is Pressing For Sectarian Prayer

Sunday's Washington Post Magazine carries a lengthy profile of Fredricksburg (VA [corrected]) City Councilman Hashmel Turner. A Baptist minister, Turner is suing the city of Fredricksburg claiming that its ban on his invoking the name of a specific deity when delivering a City Council invocation infringes his religious liberty and free speech rights. After losing in federal district court, his case is on appeal to the 4th Circuit. Turner argues that the ban amounts to viewpoint discrimination. The Post story recounts:

A few months after Turner took office, the prayer rotation came to him for the first time.... He mentioned the looming war in Iraq and the "turbulent times," and asked for prayers for state, national and world leaders. "We realize that it is all in your care," Turner said before ending his prayer: "In Jesus's holy name. Amen."

Shortly after, a woman in Turner's district contacted him to say his explicit reference to Jesus Christ had offended her. He was shocked, having never been exposed to the viewpoint "that just mentioning the name of Jesus Christ would offend someone," he says, then stops and chuckles softly. "I'm just a country boy."

[Thanks to Blog from the Capital for the lead.]

Suit Claims Housing Authority Responded Inadequately To Harassment of Muslim Family

Today's San Francisco Chronicle reports that a lawsuit was filed Friday against the San Francisco Housing Authority, alleging that it did not respond adequately to a 2005 complaint by a Pakistani family that their apartment was broken into, their Quran was desecrated and their traditional clothing was shredded. In January 2004, after a number of Muslim families were verbally and physically abused, the Housing Authority had reached a settlement under which it agreed to create an Office of Fair Housing and to respond promptly to complaints of religious and racial harassment. Friday's lawsuit says that the Housing Authority failed to follow its own policy that required immediate relocation of tenant Ashan Khan's family. The Housing Authority argues that the incident was a simple burglary that did not qualify the Khans for an emergency apartment transfer.

Organization Pursuing "Mapping Shari'a" Project In U.S.

Today's Front Page Magazine carries an interview with Dave Gaubatz, a former special agent with the U.S. Air Force Office of Special Investigations. Gaubatz is the director of the Mapping Shari'a Project sponsored by a number of private organizations and foundations. Gaubatz describes his project and its preliminary results as follows:

The Mapping Shari’a project ... is both a law enforcement tool and a policy initiative. The project’s objective is to identify all 2300 plus Islamic Centers in the U.S. and determine through first-hand field research which centers advocate strict adherence to Shari’a Law (laws based on the interpretations of Allah and no other) and which centers advocate violent Jihad and the destruction of the West. The data is then be analyzed and put into a matrix. The project is a rigorously objective empirical investigation to test the thesis: That the driving doctrinal force behind Jihad is Shari’a. Indeed, if the thesis is validated, we expect to see a rigid one-to-one correlation between Shari’a adherence and the promotion of Jihad.

... [W]e can report that after the first 100 mosques and day schools, the correlation between Shari’a adherence and the promotion of violence and Jihad against the West is exactly what one would expect.

Today Is Human Rights Day-- 59th Anniversary of UDHR [Corrected]

Today is Human Rights Day. It marks the 59th anniversary of the United Nation's adoption of the Universal Declaration of Human Rights (General Assembly Resolution 217 A (III) of 10 December 1948 ) (Background). A United Nations release says that today inaugurates a year-long advocacy campaign to raise awareness of the Declaration and its relevance to people around the world. Article 18 of the Declaration provides: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." The United Nations has created a separate website devoted to this year's celebration of Human Rights Day.

Ohio Governor Says Nativity Scenes At State Parks Will Stay

Huntington (WV) News reports today that Ohio Governor Ted Strickland on Friday issued an order directing state parks to continue to display their traditional nativity scenes. After receiving a complaint about a nativity display at Shawnee State Lodge, the Ohio state parks business manager had ordered all state parks to remove their nativity displays. The governor's reversal of that directive means that the Shawnee Lodge display, put up by the Garden Club, can remain.

UPDATE: The AP reported on Dec. 14 that the Freedom from Religion Foundation has written Ohio's Inspector General protesting Gov. Strickland's action. The article also gives more background on the original decision to remove nativity scenes. Apparently a Shawnee State Lodge visitor requested that displays representing the Hindu and Zoroastrian religions also be put up. A Strickland spokesman said that the governor is limiting his order to items that are traditionally displayed for the December holidays, and that does not include Zoroastrian symbols.

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.