Court Says Animal Slaughter Ban Not A Land Use Regulation Under RLUIPA

In Merced v. City of Euless, 2008 U.S. Dist. LEXIS 3685 (ND TX, Jan. 17, 2008), a Texas federal district judge ruled that a Euless, Texas ordinance banning the slaughter of animals or maintaining property to slaughter animals is not a land use regulation. Therefore it is not covered by the Religious Land Use and Institutionalized Persons Act. The ruling was made in a lawsuit brought by an ordained Santeria Oba who views animal sacrifice as an essential part of his religion. The priest was told by authorities in 2006 that he could not kill goats as part of a religious ceremony. The court wrote: "If defendant's ordinance regulating the activity of slaughtering animals were construed as a land use regulation under RLUIPA, then any ordinance that regulates a person's activities, as all activities are in some way conducted on land, would potentially be subject to RLUIPA." Yestereday's Dallas Morning News reports on the decision.

Belarus Sentences Journalist To Prison For Muhammad Cartoons

In Belarus, the Minsk City Court on Friday sentence journalist Alyaksandr Zdvizhkow to three years in prison for his decision in 2006 to reprint the controversial Danish cartoons of the Prophet Muhammad in his newspaper, Zhoda. Beloruski Novosti reports that the deputy editor, whose paper was closed down over the printing of the cartoons, was convicted of "inciting racial, national or religious enmity or discord" under Article 130, Paragraph II, of the Belarus Criminal Code. Zdvizhkow plans to appeal to the Belarus Supreme Court.

France's Sarkozy Criticized For Positive References To Religion

Reuters on Thursday reported that French President Nicolas Sarkozy is under increasing criticism by those who say he is violating the French notions of church-state separation by his frequent positive references to God and religion. Last Monday in Riyadh, he called Islam "one of the greatest and most beautiful civilisations the world has known." Reuters says: "At issue is Sarkozy's break with a French tradition that sees faith strictly as a private affair. This began with the 1905 law and grew into a kind of political correctness that made bringing religion into public affairs a major taboo."

Miami Dade County Changes Church Zoning Rules After Lawsuit Filed

Florida Baptist Witness reported yesterday that Miami Dade County Commissioners voted last month to change the county's zoning requirements for churches. As churches increasingly meet in warehouses and storefronts, they could not comply with requirements that churches be located on at least 2.5 acres of land. The change was made after a storefront church, International Outreach Center, and another small church that meets in a home, filed constitutional, RLUIPA and state law challenges to the acreage requirement. Churches are seeking further changes to parking and frontage requirements for churches that are still in the zoning laws. They say frontage distances should be the same for churches as for businesses, and that storefront churches should be able to "borrow" from surrounding businesses that are closed on Sundays to meet parking requirements.

Malaysian Court Permits Christian Funeral For Decased Woman

In Kuala Lumpur, Malaysia, a high court has permitted the husband of deceased Wong Sau Lan to have her body cremated in Christian funeral rites. Reuters today reports that the Buddhist husband's 18-day legal battle ensued after his ethnic Chinese wife, who was baptised as a Christian last November, died of kidney failure in a Kuala Lumpur hospital. Police claimed that the woman had converted to Islam by reciting Arabic verses during a session with a traditional healer a week earlier. However in court the Islamic Affairs Council agreed that the body could be released to the husband because the alleged conversion to Islam was not carried out in accordance with Islamic law. This is the latest in a series of court battles over the right of relatives to bury deceased family members in non-Muslim funerals.

New Turkish Draft Constitution Permits Headscarves At Universities

The Turkish Daily News reported on Wednesday that Turkey's new draft constitution (which will be released within a few days) will guarantee the right of Muslim women to wear headscarves at universities. The following sentence is included in the draft: "No one can be debarred of his or her right to higher education because of his or her attire." The clause was added to the Constitution's provisions on "Right to Education" at the direction of Prime Minister Recep Tayyip Erdoğan. The draft also retains current constitutional language making religion courses in schools mandatory, despite an earlier agreement that they would become elective. (See prior related posting.)

New Poll of Russians On Church-State Issues

With Russian presidential elections scheduled for March, Interfax yesterday reported on a new nation-wide poll in Russia of public opinion on church-state issues. The poll was conducted by the Russian Public Opinion Research Center. It found that 55% of Russians believe Russia’s next president should prefer the Russian Orthodox Church to other religious organizations, while 34% think he should treat all religions equally and observe the principle of separation of church and state. Only 10% think that the next president needs to be personally religious.

Churches Increasingly Disciplining Members; Police and Courts Become Involved

Today's Wall Street Journal reports that conservative Protestant churches around the country are increasingly bringing back the practice of disciplining church members for religious offenses that range from adultery and theft to gossip, missing services or criticizing church leaders. The congregant is first confronted privately. If the congregant refuses to repent, he or she is then publicly rebuked and excommunicated. In some cases, law enforcement officers have been called in to evict an excommunicated congregant from church services. Other cases have led to lawsuits for defamation, negligent counseling or emotional injury by congregants who thought they were discussing personal matters in confidence with their pastors.

NH Grand Jury Investigating Push-Polling Question On Romney's Mormon Beliefs

A New Hampshire grand jury is investigating charges that a political polling firm, Moore Information, engaged in illegal "push polling" in a November telephone poll it conducted, according to reports by the AP and AHN. New Hampshire Statutes Sec. 664:2 defines "push--polling" as a telephone poll asking questions that imply information about an opposing candidate's character, status, stance or record, where those called are likely to think the call is from a source independent of a candidate. Sec. 664:16-a requires anyone engaged in push-polling to identify the candidate on whose behalf the call is being made. At issue in this investigation is this question:

Mitt Romney is a member of the Mormon Church. Mormons believe the Book of Mormon is more correct than the Bible. Mormons claim the Book of Mormon was given to a prophet in the 1800's by the Angel Moroni. On any given day, the Mormon Church is working to baptize thousands of people who have already passed away so they can be converted to Mormonism and join in the Glory of God.

Based on this, would you agree or disagree with those who say the Mormon Church is a cult religion not in the American tradition?...

Under New Hampshire Statutes Sec. 664:1, the push-polling requirements do not apply to presidential primaries. At issue in this investigation is whether Moore's poll could affect the general election. The AP report on Wednesday said that Moore would fight the grand jury subpoena. However, the AHN report yesterday said that Moore has decided to cooperate with the state's Attorney General in the investigation. Moore Information denies that it engaged in push-polling.

Court Says Funding Student Group Poses No Establishment Clause Problem

Yesterday in Roman Catholic Foundation, UW Madison, Inc. v. Walsh, (WD WI, Jan. 17, 2008), a Wisconsin federal district court enjoined the University of Wisconsin from refusing to use student activity fees in 2007-08 to fund activities of a Catholic student group. The University had claimed that the Establishment Clause barred it from funding activities that involve religious speech considered to be prayer, worship or proselytizing. Relying largely on the 1995 U.S. Supreme Court decision in Rosenberger v. Univ. of Virginia, the court held that the funding denial amounted to viewpoint discrimination, and that granting of such funding would not violate the Establishment Clause. However the court refused a second request for a preliminary injunction, finding that plaintiff was unlikely to be able to show that the standards student government used otherwise in evaluating funding requests gave student government unbridled discretion. Using its "significant additional components" requirement, student government denied 2008-09 funding to the Roman Catholic Foundation. Yesterday's Chippewa and Chronicle of Higher Education both report on the court's decision. This is the second lawsuit brought by the Foundation against UW-Madison. (See prior related posting.)

Israel's Rabbinic Courts More Willing To Impose Divorce Sanctions In 2007

Wednesday's Jerusalem Post reports an increased use of sanctions against recalcitrant husbands by Rabbinic Courts in 2007. Younger Rabbinic Court judges are more willing to take action to force husbands to give their wives a get-- a Jewish divorce document. Without a get, a divorced woman cannot remarry. In 2007, 23 recalcitrant men were incarcerated, compared to nine in 2006. In 55 cases, private investigators were appointed to locate husbands. This is also an increase from 2006. Overall, in 2007 however there was a 2% drop in divorces in Rabbinic Courts. The article also reports that there has been better funding for Rabbinic Courts since they were moved last year from the former Religious Affairs Ministry to the Justice Ministry.

IRS Challenged Over Its Limits On Politcial Statements From the Pulpit

The Becket Fund yesterday directly challenged the policy of the Internal Revenue Service that restricts clergy from preaching from the pulpit about the moral implications of a political campaign. Section 501(c)(3) of the Internal Revenue Code bans non-profit organizations, including churches, from intervening in political campaigns. (Background). In a release yesterday the Becket Fund called attention to an open letter (full text) run in yesterday's Wall Street Journal by Pastor Kenneth Taylor of the Agoma, Wisconsin Calvary Assembly of God Church which said in part:

Preaching about politics from the pulpit has always been a part of freedom of speech and freedom of religion in this country.... As a preacher, I am obliged to say something about it, and I shouldn't have to worry about how the government might retaliate. Last election I delivered a sermon.... I challenge you -- if you still think it's the law -- to investigate what I preached that day.

The Becket Fund represents the church in this challenge. Americans United yesterday issued a release criticizing the ad, calling it a "cute stunt" that "could lead unwary religious groups to violate federal tax law, encounter fines and lose their tax exemptions."

New Indictment Returned Against Islamic Charity and Former Congressman

The U.S. Department of Justice announced yesterday that a federal grand jury in Missouri has returned a superseding indictment adding eight new counts to the 33 previous ones in proceedings against a now-defunct Islamic charity. The Islamic American Relief Agency (IARA) and several of its former officers were originally charged with illegal transfer of funds to Iraq, theft of government funds and misuse of IARA's charitable status to raise funds for illegal purposes. Yesterday's indictment adds charges that IARA engaged in prohibited financial transactions for the benefit of an Afghan mujaheddin leader. It also charges former Michigan Congressman Mark Deli Siljander with money laundering, conspiracy, and obstruction of justice. It alleges that he received stolen US AID funds as compensation for his services in pressing for the removal of IARA from a U.S. Senate Finance Committee's list of non-profit organizations suspected of being involved in supporting international terrorism. Reuters yesterday reported on the new indictment.

6th Circuit OK's Ban On Student Using Religious Product In Class Project

In Curry v. Hensiner, (6th Cir., Jan. 16, 2008), the U.S. 6th Circuit Court of Appeals upheld an elementary school principal's decision to prevent a 5th grade student from selling religious-themed material as part of a Classroom City project in which students using faux school currency sold goods they had produced specifically for the event. Joel Curry, a student at the Handley School in Saginaw, Michigan, wanted to make Christmas tree ornaments in the shape of candy canes with an attached card explaining how candy canes can be seen as a symbol of Christianity. The school's principal said that Classroom City was considered instructional time and therefore use of cards with religious content was impermissible. Curry still received an "A" for the project and was given the opportunity to sell the candy canes in the school parking lot after school. The court concluded that because the principal's decision was driven by legitimate pedagogical concerns, Curry's constitutional rights were not abridged. The district court below had concluded that the principal had abridged Curry's freedom of speech, but enjoyed qualified immunity from liability because the precise contours of that right were not clearly established. (See prior posting.) [Thanks to How Appealing for the lead.]

Evangelist Charged For Preaching In Public Square On Halloween

Christian News Wire yesterday reported that a hearing is scheduled Jan. 23 in Salem, Massachusetts in connection with charges brought against Repent America leader Michael Marcavage. According to the Foundation for Moral Law which now represents Marcavage, the evangelist's megaphone was taken away and he was charged with violating Salem's noise ordinance for preaching in a public square in the city on Halloween night. He was also charged with disorderly conduct. FML leader Roy Moore said: "Instead of protecting his rights to free speech and freedom of religion, ... the Salem police decided to shut Mr. Marcavage up by unlawfully arresting and charging him. It seems that the days of 'witch hunts' are not over in Salem."

Court Says LDS Membership Does Not Require Recusal In Case Against BYU

In Raiser v. Brigham Young University, 2008 U.S. Dist. LEXIS 3048 (D UT, Jan. 15, 2008), a Utah federal district court rejected plaintiff's motion for recusal in a case against Brigham Young University. The court found no merit in plaintiff's contention that if the judge and the law clerk(s) assigned to the case are members of the Church of Jesus Christ of Latter Day Saints, they are inherently biased in favor of the LDS-owned university. This argument was based on plaintiff's claim that "LDS church teachings necessarily require members' unquestioning faithfulness to all things LDS, including BYU."

Suit Filed Over School's Treatment of Pro-Life Student Club

The Alliance Defense Fund announced Monday that it has filed suit on behalf of a California high school student against Campbell's Westmont High School challenging the school's refusal to give full recognition to a proposed student organization whose name would be "Live Action – Pro-Life Club". The complaint in P.A. v. Gordon, (ND CA, filed Jan. 14, 2008), alleges that plaintiff is an adherent of the Christian faith who desires to share her religious and political views with her classmates. It contends that the school's actions have violated plaintiff's rights under the 1st and 14th Amendments and the federal Equal Access Act. While the Club is permitted to meet on campus, it is denied equal access to the benefits provided to other student groups because of its controversial religious and political nature. In particular the Club is not permitted to use various school facilities to advertise its meetings and activities. Plaintiff has also filed a motion for preliminary injunction and a Memorandum in support (full text).

Pope Cancels Speech To Italian University After Protests By Scientists

In Italy yesterday, protests by scientists and students at Rome's La Sapienza University led Pope Benedict XVI to cancel his planned speech there. It would have been his first speech at a university. Yesterday's Globe and Mail reports that the protesters believe that the Pope is hostile to scientific thought and secular issues. They especially criticize a speech he made in 1990 defending the Church's historic persecution of Galileo because he argued that the Earth revolved around the sun. Prime Minister Romano Prodi criticized both the protesters and the decision to cancel the speech, saying the developments threatened freedom of speech. After the cancellation, the Vatican released the full text of the speech the Pope had planned to deliver. Here are excerpts:

... "La Sapienza" was once the pope's university, but today it is a secular university with that autonomy which, on the basis of its founding principles, has always been part of the nature of the university, which must always be exclusively bound to the authority of the truth. In its freedom from political and ecclesiastical authorities, the university finds its special role ....

In the face of an a-historical form of reason that seeks to construct itself in an exclusively a-historical rationality, the wisdom of humanity as such—the wisdom of the great religious traditions—should be viewed as a reality that cannot be cast with impunity into the trash bin of the history of ideas....

... [M]an’s journey can never be said to be over and the danger of falling into inhumanity is never just warded off as we can see in today’s history. The danger faced by the Western world ... is that mankind, given its great knowledge and power, might give up on the question of the truth.

DC High Schooler Disqualified From Track Meet Because of Muslim Dress

Yesterday's Washington Post reports that D.C. high school senior Juashaunna Kelly-- the fastest mile and two mile runner in DC this season-- was disqualified from the Montgomery Invitational indoor track and field meet because her attempt to comply with Muslim dress requirements was said to violate uniform rules for the national competition. Kelly was wearing a custom-made, one-piece blue and orange unitard with long sleeves and long legs. On top of the unitard, Kelly wore the same orange and blue T-shirt and shorts as her teammates. Meet director Tom Rogers said that Kelly needed to wear a plain T-shirt over her unitard and then wear her team uniform over that in order to meet the requirements of the National Federation of State High School Associations. [Thanks to Steve Jamar via Religionlaw for the lead.]

Jewish Groups Decry Anti-Obama E-Mails; Obama Criticizes Award To Farrakhan

Today's New York Times reports that leaders of nine national Jewish groups have released a letter decrying false and bigoted e-mails that are being distributed about Sen. Barack Obama's religious beliefs. The anonymous messages have been circulating for months, but apparently more recently have been particularly circulated to American Jews. Snopes.com reproduces one of the e-mails which falsely asserts that "Obama is taking great care to conceal the fact that he is a Muslim" and says that he attended a Wahabi school in Jakarta, Indonesia and that he used a copy of the Koran when he was sworn into the U.S. Senate. The open letter from the Jewish groups says in part: "These tactics attempt to drive a wedge between our community and a presidential candidate based on despicable and false attacks based on religion. We reject these efforts to manipulate members of our community into supporting or opposing candidates."

Meanwhile Sen. Obama posted on his website a statement taking issue with an award given to Nation of Islam leader Louis Farrakhan by Trumpet Newsmagazine, a publication of Obama's Trinity United Church of Christ in Chicago. Obama's statement said: "I decry racism and anti-Semitism in every form and strongly condemn the anti-Semitic statements made by Minister Farrakhan. I assume that Trumpet Magazine made its own decision to honor Farrakhan based on his efforts to rehabilitate ex-offenders, but it is not a decision with which I agree." [Thanks to Melissa Rogers for the lead.]

UPDATE: TPM reported on Saturday that 7 Jewish U.S. Senators have issued an Open Letter similarly condemning the anti-Obama e-mails. [Thanks again to Melissa Rogers.]