Recent Scholarly Articles of Interest

From SSRN:

• Ashlie C. Warnick, Employment Discrimination by Religious Schools Participating in Voucher Programs, (January 9, 2008).
  
• Patricia Salkin & Amy Lavine, The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, (January 3, 2008).

Huckabee Splitting Evangelical Political Support

David Kirkpatrick writes on the front page of today's New York Times that Mike Huckabee's candidacy is splitting the evangelical movement's political support, as the Michigan and South Carolina primaries approach. "Old guard" evangelical leaders are "wary of his populist approach to economic issues and his criticism of the Bush administration’s foreign policy." However younger, grass roots evangelicals are enthusiastic about Huckabee's emphasis on social justice issues. While the Huckabee campaign has not spent money in Michigan, conservative Christian activist Gary Glenn, from Midland, is leading an informal get-out-the-vote effort. Many young evangelicals are signing up for online meet-up groups, and volunteers are aiming their campaign at Michigan Catholics as well as evangelicals. Grass Roots efforts around the country are being coordinated through an unofficial website known as Huck's Army.com.

Opposition Surfaces To Protection of Sacred Native American Site

In his State of the State Message (full text) on Jan. 8, South Dakota Governor Michael Rounds called for the legislature to appropriate $250,000 to combine with other federal and private funds to purchase conservation easements on land around Bear Butte, a sacred site for Native Americans. However, according to today's Rapid City Journal, Meade County Commissioner Dayle Hammock opposes the easement plan, in part because it would improperly show government favoritism toward Native American religions. He is also concerned about using state funds to restrict private development. At a "legislative cracker barrel" yesterday, at least one state legislator said he would oppose the expenditure despite a plea from state Sen. Tom Katus to restrict development around the Butte in order to respect the spiritual values of Native Americans.

Florida Chabad Excluded From Shopping Plaza Wins RLUIPA Claim

A Florida federal district court ruled on Friday that Cooper City, Florida violated the Religious Land Use and Institutionalized Persons Act by excluding houses of worship from commercial areas. Yesterday's Florida Sun-Sentinel reports that the court ruled in favor of Chabad of Nova, holding that zoning rules permitting vocational schools, day care centers and movie theaters, but not religious congregations, in shopping plazas are discriminatory because they treat religious assemblies on less than equal terms with nonreligious assemblies. The city had argued in part that the term "public assembly" in RLUIPA is vague. City Commissioner Elliot Kleiman said: "The intent was never to discriminate against houses of worship but to make the best use of shopping areas for the public." Chabad, however, argued that the city was attempting to protect its tax base. (See prior related posting.) Still remaining to be decided are a number of othe counts in Chabad's complaint, including a request for an award of damages.

Many Georgia Schools Not Offering Courses In Bible As History and Literature

Today's Macon (GA) Telegraph reports that despite the Georgia State Board of Education's approval last year of courses in the Bible as history and literature (see prior posting), at least ten school systems in central Georgia are not offering the courses in their high schools. Their reasons are varied-- cost, scheduling problems, church-state concerns and problems in finding impartial teachers. A spokesperson for the Hancock County school system said: "We found that since many of our students have such a strong spiritual upbringing that is firmly grounded in Christianity, there was very little interest on the part of the students to take such a class."

Islamic Charity Officials Convicted of Lying In 501(c)(3) Application

A federal district court jury in Boston on Friday convicted three officers of Care International, a now defunct Islamic charity, on eleven counts of conspiracy to defraud the United States and conspiring to conceal material facts from the Internal Revenue Service. Yesterday's Worcester (MA) Telegram reports on the case. The government's indictment claimed that defendants withheld information about Care's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) The government also claimed that Care International was a successor to a group linked to the 1993 World Trade Center bombing.

Loud Bible Reading On Bus Violates System's Rules

Yesterday's Ft. Worth (TX) Star-Telegram reports on a Dec. 29 incident on the Ft. Worth bus system. Christine Lutz, a Seventh-day Adventist, was asked to get off the bus after she disrupted passengers by reading the Bible loudly to her children. Lutz ignored the request and rode to her destination. In a letter to the Ft. Worth Transportation Authority, Liberty Legal Institute has asked the Authority to distribute a policy letter to employees making it clear that passengers are permitted to read the Bible in a normal conversational voice. The Authority has posted an explanation on its website, stating: "It was not what she was reading, it was the very loud and disruptive volume" that led to the bus driver calling a supervisor to enforce the rule against loud and disruptive behavior.

School Attorney Nixes Biblical Verse On Graduation Announcements

In Finn Rock, Oregon, the school district's attorney has told Mc­Kenzie High School students that they may not adopt a Biblical verse to use on official graduation announcements. Saturday's Eugene (OR) Register-Guard reports that students wanted to use a verse from Isaiah that had been read at a funeral of a classmate last summer. Even though the students modified Isaiah 40:31 to delete explicit references to God, school attorney Bruce Zagar advised the school district that both the state and federal constitutions "prevent any public entity from taking any action which establishes, sponsors, supports or otherwise condones a particular religion or religious belief." McKenzie Superintendent Sally Storm told students that it would be more appropriate to use the verse at a privately sponsored baccalaureate service. Students say the modified verse: "They that believe shall mount up with wings as eagles", would have been particularly appropriate because the school's sports teams are know as the Eagles.

New Documentary on Faith In Politics Opens Next Week

On Tuesday, a new documentary on the role of faith in politics, produced by Living Biography Media, opens in selected theaters and becomes available on DVD (press release). The move, Article VI, is the result of two years' work by director Bryan Hall who traveled the country talking with people about the topic. More information is available at the movie's website.

DC Circuit Holds RFRA Inapplicable To Non-Resident Aliens In Gitmo Case

In Rasul v. Myers, (DC Cir., Jan. 11, 2008), two of the three judges ruling on a suit brought by a group of former Guantanamo detainees, held that the Religious Freedom Restoration Act does not protect the religious exercise rights of non-resident aliens. The majority held that non-resident aliens are not "persons" as that term is used in RFRA-- an interpretation which the majority says is consistent with the interpretation of "person" in the 4th and 5th Amendments. Judge Brown disagreed with the holding that non-resident aliens are not "persons", but she concurred in the dismissal of plaintiffs' religious abuse claims finding that Congress intended to provide a cause of action only for individuals whose religious exercise is protected by the First Amendment. The Baltimore Sun, the Miami Herald and the AP all reported on the case which had been brought by four released British prisoners who claim torture and religious abuse while they were held at Guantanamo. (See prior posting on district court's decision in the case.)

Court Bars Deportation of Christian Facing Torture In Egypt

In Khouzam v. Hogan, (MD PA, Jan. 10, 2008), a Pennsylvania federal district court barred the government from deporting an Egyptian national who had previously been tortured by Egyptian law enforcement officials because of his Coptic Christian religious beliefs. Sameh Khouzam is charged by Egyptian officials with murder. The district court held that it is not enough that U.S. authorities have diplomatic assurances from Egypt that Khouzam will not be tortured if returned there. The Convention Against Torture, as implemented by the Foreign Affairs Reform and Restructuring Act, prohibits extraditing a person to a country where there are substantial grounds for believing he would be subjected to torture. The Due Process Clause requires a review of the diplomatic assurances by an impartial adjudicator. The ACLU yesterday issued a release praising the decision.

Appeal Filed By Muslim Police Officer Seeking To Wear Khimar

An appeal has been filed in Webb v. City of Philadelphia, a case in which a Pennsylvania federal district court rejected a Title VII religious discrimination claim brought by a Muslim police officer who wanted to cover her head for religious reasons with a khimar. (See prior posting.) Today's Philadelphia Daily News reports that the appeal has been filed and is now backed by several organizations, including the ACLU. The Philadelphia police department argues that the khimar violates its uniform requirements and could interfere with job performance.

Watchdog Group Asks IRS To Investigate Funding of Texas Restoration Project

The Texas Freedom Nework has written the IRS (full text of letter) asking it to investigate whether the Niemoller Foundation, a 501(c)(3) organization, engaged in improper partisan political activity in 2005. In a press release yesterday, TFN said that the Foundation spent $1.26 million to fund the activities of the Texas Restoration Project. The Texas Restoration Project hosted thousands of pastors and their spouses at six "Pastors’ Policy Briefings", during which Governor Rick Perry, then seeking reelection, spoke. TFN charges that "speakers and organizers were enthusiastic in their praise for Gov. Perry at each of the events. They also encouraged pastors at the gatherings to mount voter registration drives and turn congregants out at the polls. The group's ostensible goal was to win voter approval in November 2005 for a state constitutional amendment barring same-sex marriage and civil unions. Those efforts, however, appear to have masked a sophisticated voter identification and mobilization strategy intended to benefit the Perry campaign in 2006..." Yesterday's Dallas News reports on developments and denials by the governor's office of any improper conduct.

European Muslims Sign Charter Pledging Respect For Civil Law

In Brussels yesterday, representatives of 400 Islamic organizations in Europe signed a European Muslims' Charter of Values that had been drafted by the Federation of Islamic Organisations in Europe. KUNA and AKI report on developments. The 26-point document emphasizes that "Muslims of Europe respect the laws of the land and the authorities that uphold them and as European citizens Muslims of Europe consider it their duty to work for the common good of society."

Commons Passes Criminal Justice Bill; Debates Hate Speech and Blasphemy

On Wednesday in Britain's House of Commons the Criminal Justice and Immigration Bill went through its Third Reading after members dealt with two different amendments relating to the expression of religious views. According to Catholic Online today, the government defeated an attempt to amend the ban on incitement to hatred of homosexuals. The amendment was drafted by arms of the Catholic Bishops' Conference and the Church of England which feared that the ban could lead to police harassment of religious leaders who criticize homosexual behavior. However Maria Eagle, undersecretary of state for justice, assured Parliament that "proper guidance and training" would prevent overzealous policing.

Meanwhile, as previously reported, inserting a provision to repeal of Britain's blasphemy laws was postponed pending the government's consultation with the Church of England. While the Church of England is open to the idea of repeal (Guardian, Jan. 10), Britain's Evangelical Alliance is more skeptical, calling for broader consultations. Friday's Christian Today quotes Dr. Don Horrocks, Head of Public Affairs at the Evangelical Alliance: "When Parliament prioritises the abolition of legislation it is not a neutral act. It sends out a signal to society about what values it considers to be important. In this case the message suggests that there is no longer a place for respect for the sacred in society."

Recent Prisoner Free Exercise Cases

In Sandeford v. Plummer, 2007 U.S. Dist. LEXIS 95403 (ND CA, Dec. 21, 2007), a California federal district judge found that a Muslim inmate raised free exercise claims regarding failure to furnish an Islamic diet, restrictions on his Islamic dress, access to religious services and impairment of his holy day celebrations. However the court dismiss the claims with leave to amend to name each defendant who violated his rights. The court took similar action as to plaintiff's equal protection claim regarding wearing of his Kufi head covering.

In Amaker v. Goord, 2007 U.S. Dist. LEXIS 92824 (WD NY, Dec. 18, 2007), a New York federal district judge accepted a magistrate's report and recommendations in two related cases. In Attica prison, a correction officer had removed several Nation of Islam members from religious instruction and told them "to either change their religion or cut their hair" because "only Rastafarian[s] could wear dreadlock[s]." The magistrate recommended that defendants be enjoined from barring plaintiffs from NOI services and classes and from punishing plaintiffs for refusing to cut their hair or change their religious affiliation. The two decisions from the federal magistrate judge are Amaker v. Goord, 2007 U.S. Dist. LEXIS 95373 (March 9, 2007) and Fluellen v. Goord, 2007 U.S. Dist. LEXIS 95374 (March 12, 2007).

Ingram v. Craven, 2008 U.S. Dist. LEXIS 1377 (D ID, Jan. 8, 2008) involves a damage claim by a former inmate objecting to a recommendation that he be denied parole because of his refusal to participate in a religious-based AA/NA substance abuse program. After finding some of the defendants had absolute immunity, an Idaho federal district judge ordered the claim against one remaining defendant to be taken to mediation.

Colorado County Settles RLUIPA Suit, Permits Church To Build

Yesterday's Aspen (CO) Times reports on the settlement of a RLUIPA lawsuit by Pitkin, Colorado County Commissioners. The settlement will allow Grace Church of the Roaring Fork Valley to build a new facility on an 18.5 acre parcel in Emma, Colorado, subject to limits on future expansion. Attorneys will now negotiate damages for the construction delay.

Court Strikes Down Gideon Bible Distribution In Elementary School

Yesterday in Roark v. South Iron R-1 School District, (ED MO, Jan. 8, 2008), a Missouri federal district court held that a Missouri school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. Both an earlier policy that permitted distribution in the classroom, and a subsequent policy that limited distribution to the cafeteria and in front of administrative offices, were undertaken for the purpose of promoting Christianity and have the effect of endorsing religion to impressionable elementary school students. Banning distribution does not constitute impermissible viewpoint discrimination. The court left open for future determination the claim that the practice also violates the Missouri state constitution. The AP reported yesterday that Liberty Counsel, representing the school board, said an appeal would be filed. The 8th Circuit has already upheld the district court's grant of a preliminary injunction in the case. (See prior posting.)

Bush To Visit Christian Holy Sites During Mideast Trip

AFP yesterday reported that during his current trip to Israel and the Palestinian territories, President Bush will visit a number of Christian holy sites. Today he will travel to Bethlehem. Jesus' birthplace. On Friday he will fly to the Sea of Galilee where Jesus delivered many of his sermons, will visit the ruins of Capernaum, the village where Jesus later lived, and Mount of the Beatitudes, where Jesus likely delivered his Sermon on the Mount. In addition to visiting Christian sites, Bush will tour Yad Vashem, the Holocaust Museum in Jerusalem, an obligatory stop for every visiting head of state. The White House website features an ongoing log on the trip by Press Secretary Dana Perino.

1st Circuit Sides With Army Doctor In Her Conscientious Objector Claim

In Hanna v. Secretary of the Army, (1st Cir., Jan. 9, 2008), the U.S. 1st Circuit Court of Appeals in a 2-1 decision held that the Army's Conscientious Objector Review Board had no basis in fact for denying conscientious objector status to Army doctor, Captain Mary Hanna. It rejected the Army's reliance on the timing of Hanna's claim and its argument that Hanna’s beliefs were not gained through rigorous training, study or contemplation. Chief Judge Boudin, dissenting, argued that pacifism is not a belief of Hanna's Coptic Church, that her position could not easily be described as reflecting rigorous study, and that the timing of her application could be considered as a factor. The majority's decision affirmed last year's decision by a Massachusetts federal district court. (See prior posting.) Today's Boston Globe reports on the 1st Circuit decision. [Thanks to How Appealing for the lead.]