Dutch Government Cited By EC For Anti-Discrimination Exception

Last week, the European Commission notified eleven member states that they have failed to fully implement the EU's rules prohibiting discrimination in employment. (Press release.) Yesterday Radio Netherlands reported on the problem the EC found with the Dutch antidiscrimination law. The law allows religiously sponsored educational instituitons to refuse employment to teachers whose lifestyle conflicts with the principles of a school. In practice, this means that Christian schools can refuse to hire gays and lesbians. The government has two months to respond to the EC's complaint, after which it could be referred to the European Court.

Website Tracks References To Faith By Presidential Contenders

Georgetown University's Berkley Center for Religion, Peace and World Affairs has created a web page titled Faith 2008. It tracks references to faith and religion in the statements of the candidates of both parties in the 2008 race for U.S. President. Quotes can be sorted by candidate, topic area or date.

Israel Creates New State Conversion Authority

In Israel, according to yesterday's Jerusalem Post, the Ministerial Committee on Immigration, Absorption and the Diaspora has approved creating a new State Conversion Authority to speed up the conversion process for some 150,000 immigrants who would like to become Jews. These are individuals who came to Israel as family members of Jews, but who are not Jewish by halachic (Jewish law) standards. In a related step, ten new salaried rabbinic judges were added to the 22 already serving in conversion courts. However, the Cabinet has not yet implemented another recommendation-- that 50 volunteer rabbinic judges also be added. The new judges would be appointed by Sephardi Chief Rabbi Shlomo Amar, who would select judges who would be more lenient in approving conversions. The current conversion court judges have often been criticized for insisting on too stringent a level of religious observance from conversion candidates. The appointment of the additional judges has been delayed over concern about the legality of using unpaid government officials.

Petition For En Banc Rehearing Filed In Curry v. Hensinger

A petition for en banc rehearing (full text) has been filed with the U.S. 6th Circuit Court of Appeals in Curry v. Hensinger. In the case, a 3-judge panel last month upheld a school principal's decision barring a fifth-grader from selling candy canes with religious material attached as part of a classroom project to learn about marketing. (See prior posting.) In a release announcing the filing of the petition, the Alliance Defense Fund argued that the panel decision was an "astonishing departure from fundamental First Amendment principles."

Pakistan Plans Non-Muslim Worship Facilities In Prisons

Asia News reported yesterday that Pakistan's Human Rights Minister, Ansar Burney, toured several of his country's prisons and announced a number of reforms. Among them were plans to construct places of worship for non-Muslims inside Pakistan's correctional facilities. Before the project can begin, Pakistan's finance minnister must approve funding for it.

British Court Refuses Temporary Relief For Sikh Teenager Seeking To Wear Bangle

In Britain, London's High Court has refused to grant temporary relief to a Sikh school girl who wishes to be able to wear a religious wrist bangle to school, in violation of the school's rule against wearing jewelry other than a wrist watch and plain earnings. (See prior posting.) Yesterday's Daily Mail reports that lawyers for Sarika Watkins-Singh argued that she should be permitted to wear her Kara bangle on her wrist under a long-sleeved jumper until there is a final ruling in her challenge to the school's dress code. Lawyers for Aberdare Girls School in south Wales said that even a temporary exception to its dress code would cause disruption, and the judge agreed.

Kansas Supreme Court Temporarily Quashes Subpoenas In Abortion Probe

In Wichita, Kansas, an unusual voter-initiated grand jury is investigating whether abortion provider George Tiller violated Kansas law by performing late-term abortions. (See prior posting.) Yesterday, the Kansas Supreme court issued a temporary order (full text) quashing subpoenas for medical records of 2000 women who have sought late-term abortions at the Women's Health Care Services clinic. The court said that petitioners have raised significant isssues of patient privacy, as well as issues of a judge's role in grand jury proceedings and a grand jury's authority to issue subpoenas. Today's Wichita Eagle reports that while the subpoenaed records were to have the women's names removed from them, Tiller's lawyers argued that this does not assure patient privacy. Apparently in an earlier investigation, former state Attorney General Phil Kline was able to cross-reference information in redacted medical files with a guest roster at a motel near the Tiller's clinic to find patients' names.

UK's Charity Guidelines Published; Religious Groups Lose Public Benefit Presumption

In Britain today, the Charity Commission-- the regulatory body governing charities in England and Wales-- issued lengthy guidelines interpreting the requirement in the Charities Act of 2006 that all charities must establish that they are created for "public benefit". (Press release.) The full text of the Guidance, Charities and Public Benefit, along with three other documents explaining an analyzing the Guidance are available at the Commission's website. The new policies go into effect April 1, 2008. Previously there was a presumption that charities devoted to advancing education or religion or relieving poverty met the public benefit requirement. As required by the Charities Act, under the new Guidelines this presumption is removed and every organization wishing to be recognized as a charity must demonstrate explicitly that its aims are for the public benefit. Of particular interest to religious groups is this exceprt from the Guidelines (Part D.6.) :

Our approach to decisions about what is charitable, and what is or is not for the public benefit, will be influenced by what is relevant and appropriate for current social and economic conditions....

This does not mean that we would regard anything that is seen as ‘old’ or ‘old-fashioned’ as necessarily ‘bad’ or ‘wrong’, nor does it just mean recognising as charitable things that are popular today. For example, it is not within the Charity Commission’s remit to look into traditional, long-held religious beliefs or to seek to modernise them.

(See prior related posting.)

Minnesota Court Says Concealed-Carry Law Cannot Be Enforced Against Churches

Yesterday in Edina Community Lutheran Church v. State of Minnesota, (MN Ct. App., Feb. 5, 2008), a Minnesota state appellate court upheld the objections of two churches to enforcement against them of the Minnesota Citizens' Personal Protection Act of 2005. The law requires that before a church can refuse entry to someone carrying a firearm, it must post a specific sign at each entrance or personally inform each person that guns are prohibited. The law also prevents churches from banning guns in their parking lots and from prohibiting tenants from carrying guns on church property. The churches argued that the law's requirements interfere with the churches' belief in welcoming visitors, and prevent churches from limiting tenants' use to those consistent with the churches' commitment to nonviolence.

Invoking the state constitution's freedom of conscience clause, the court held broadly that these requirements burden a church's exercise of religious belief. It concluded that the state failed to show a compelling interest in enforcing the provisions against churches. It also held that the trial court's grant of an injunction against enforcement of the law did not violate the Establishment Clause of the state and federal constitutions. Finally the court conluded that the state's carry-concealed law is not a "land use regulation" covered by RLUIPA. Yesterday's Minneapolis Star Tribune reports on the decision. (See prior relataed posting.)

Omaha Rejects Street Sign Honoring Madalyn Murray O'Hair

The Omaha (NE) City Council on Tuesday voted unanimously to reject a request to put up a commemorative street sign to honor Madalyn Murray O'Hair, founder of American Athiests. O'Hair was the plaintiff in Murray v. Curlett, the 1963 Supreme Court case (decided together with Abington School District v. Schempp) that struck down prayer and Bible reading in public schools. Yesterday's Omaha World Herald reports that Raymond Zbylut had asked Council to erect the sign to honor O'Hair's work to protect civil rights. O'Hair is not from Omaha. Explaining the Council vote, Councilman Jim Vokal said: "Most people in Omaha believe in God, and naming a street after this individual didn't match the community." [Thanks to Scott Mange for the lead.]

In Spain, Church Is At Odds With PSOE Party As Elections Appoach

CNS News and the World Socialist Web Site today both report on the growing tensions in Spain between the Catholic Church and the country's ruling Spanish Socialist Workers Party (PSOE), as the country's March 9 elections approach. The Catholic Bishops have been attacking the PSOE's policies on abortion and same-sex marriage, as well as the government's dealings with the Basque separatist group ETA. Under Church pressure the PSOE has removed from its platform a call for extending aboirtion rights. Meanwhile, on January 30, the Spanish Bishops Conference issued a statement declaring that although: "Catholics may support and join different parties, it is also true that not all [electoral] programmes are equally compatible with the faith and Christian demands in life."

Punitive Damages Reduced In Funeral Picketing Case

Yesterday in Snyder v. Phelps, (D MD, Feb. 4, 2008), a Maryland federal district judge ruled on a number of post-tial motions filed by Westboro Baptist Church and its leaders in the suit brought against them for their picketing of the funeral of Marine Lance Corporal Matthew A. Snyder. (See prior posting.) In November, a jury awarded compensatory damages of $2.9 million and punitive damages of $8 million for invasion of privacy and intentional infliction of emotional distress growing out of the anti-gay picketing and website postings by defendants.

The court rejected defendants' claim that Lance Cpl. Snyder had become a public figure and his funeral a public event when his father filed a notice of the funeral in the obituary section of the local newspaper. A finding that he had become a public figure would have given greater First Amendment protection to defendants' speech. The court also rejected defendants' claim that their comments and actions were protected by the Free Exercise clause. However the court, on due process grounds, reduced the amount of the punitive damages award against each of the four defendants from a total of $8 million to a total of $2.1 million.

Yesterday's Baltimore Sun, reporting on the decision, indicated that a pending appeal to the 4th Circuit remains on hold until the district judge decides that amount of bond that defendants must post in order to proceed with the appeal. A hearing on that issue is scheduled for March 6.

Proposed Iran Penal Law Mandates Death For Apostasy

The Institute on Religion & Public Policy reported yesterday on the draft Islamic penal code that is being considered by Iran's Parliament (Majlis). Among its provisions is one that mandates the death penalty for anyone who converts from Islam to another religion. However, an individual who was born of non-Muslim parents who converts to Islam but then leaves Islam is given three days after sentencing to recant before the death penalty becomes final. Other provisions of the proposed law-- especially those relating to actions against the security of the country-- are of particular concern to Baha'is. The IRRP article carries the full text of the proposed amendments.

California Episcopal Diocese Sues Breakaway Church

Yesterday the Episcopal Diocese of Northern California filed suit against the breakaway St. John's Anglican Church in Sonoma County (CA) Superior Court seeking a declaration that the building and property of the congregation are held in trust for the Diocese and that purported amendments to the corporate articles and bylaws of St. John's were invalid. A release by the Diocese announced the filing of the lawsuit. The complaint in Episcopal Church v. St. John's Anglican Church, sets out eleven related causes of action against the Petaluma congregation.

University of Wisconsin Catholic Group Can Try Again For Funding

Even though a federal district court last month rejected a complaint by the Roman Catholic Foundation at the University of Wisconsin Madison protesting its denial of student activity fee funding for 2008-10, the school's Student Judiciary has now ruled that a new presentation can be made by the group. The court did find that the school's refusal of funding for 2007-08 violated the Establisment Clause. Yesterday's Daily Cardinal reports that in an appeal, the UW-Madison Student Judiciary found that the 2008-10 denial was based on the same unconstitutional standards. This prevented the Foundation from highlighting its unique Roman Catholic perspective as a basis for receiving university fuding eligibility.

Court Upholds Pastor's Firing Over Challenge To Procedures

The decision in Doles v. Rodgers, 2007 Va. Cir. LEXIS 210 (Portsmouth VA Cir. Ct, May 3, 2007), while handed down some months ago, has just become available through LEXIS. The decision rejected a challenge to a meeting of the congregation of New First Baptist Church in Taylorsville, Virginia. The church has no written constitution or bylaws. The notice of the congregational meeting was given one day in advance through a hand-out at church services. At the meeting, the congregation affirmed the decision of the church's "unified board" to dismiss the pastor. The court concluded that it was proper for it "to conduct a limited review of the process only and then make a determination that the basic 'fundamental principles of democratic government' have been observed." The court found that the unified board meeting was defective because five members were excluded. However, the follow-on congregational meeting was valid and therefore "the congregation acted, the majority had its say, and there is nothing further for this court to do."

Military Court Upholds Conviction of Muslim Soldier For Iraq Refusal

In United States v. Webster, (Army Ct. Cr. App., Jan. 30, 2008), the Army Court of Criminal Appeals upheld the court martial conviction and eleven-month sentence of an Army sergeant who refused to deploy to Iraq. Abdullah Webster, a convert to Islam, claimed that his understanding of Muslim teachings prelcuded him from killing a fellow-Muslim in the circumstances presented by the war. The court held that the military judge's acceptance of Webster's guilty plea was not an abuse of discretion. The court rejected Webster's assertion that the Religious Freedom Restoration Act required reversal of his conviction.

In its opinion, the court developed an interesting reconciliation of the strict scrutiny test imposed by RFRA and the pre-RFRA holding by the U.S. Supreme Court in Goldman v. Weinberger, that "review of military regulations challenged on First Amendment grounds is far more deferential than constitutional review of similar laws or regulations designed for civilian society." The Army Court held that:

while strictly scrutinizing the Army’s burden on free exercise of religion, we apply judicial deference to "the professional judgment of military authorities concerning the relative importance of a particular military interest."

Employing this test, it found that the Army has a compelling interest in requiring soldiers to deploy with their units, and that this interest was furthered by the least restrictive means in that Webster was offered a number of accommodations as well as the opportunity to seek conscientious objector status.

President's New Limits On Earmarks May Affect Religious Groups

Last week, President Bush signed an Executive Order titled Protecting American Taxpayers From Government Spending on Wasteful Earmarks (full text). It provides that future earmaks contained in committee reports, and not in statutory language, will be ignored unless the federal agency involved decides under merit-based standards that the earmarked project is the best expenditure of taxpayer dollars. Members of Congress may express their views in this process, but their comments will be made avaialble on the Internet for public examination. (White House Fact Sheet.) The White House says that these changes are directed at wasteful and excessive pork-barrel spending. The Executive order may have a significant impact on religious groups. A study last year by the New York Times found that between 1989 and January 2007, Congress approved nearly 900 earmarks for religious groups, totaling more than $318 million. Yesterday's Kansas City Star reports on $2 million in earmarks in the 2008 appropriations bill for World Impact, a Christian group that conducts outreach programs directed at the urban poor.

Presidential Hopefuls Reach Out to Latino Evangelicals

Yesterday's Kansas City Star reports on the outreach by Presidential candidates-- both Republican and Democratic-- to Latino evangelicals. Rev. Samuel Rodriguez, head of the National Hispanic Christian Leadership Conference, is described as "the go-to pastor" for candidates seeking their votes. NHCLC is launching a voter registration drive. Christianity Today in Sept. 2006 published a lengthy profile of Rodriguez and his work.

Recent Law Review Articles of Interest

From SSRN:

• Tarum Jain, General Principles of Intestate Succession Under Hindu Law, (2008).
• Timothy Sandefur, Reason and Common Ground: A Response to the Creationists' "Neutrality" Argument, (Chapman Law Review, Vol. 11, No. 1, 2008).
• Dr. Dipa Dube, Some Reflections on Interplay of Law and Morality in Contemporary India, (January 29, 2008).

From SmartCILP:

• Monica K. Miller, Alayna Jehle & Alicia Summers, From Kobe Bryant to Saddam Hussein: A Descriptive Examination and Psychological Analysis of How Religion Likely Affected Twenty-five Recent High-Profile Trials, 9 Florida Coastal Law Review 1-33 (2007).


• Mark G. Toews, Mennonites, the First Amendment, and the Role of Selective Conscientious Objectors in a Democratic Society, 9 Florida Coastal Law Review 35-64 (2007).