Craiglist Not Publisher of Discriminatory Classifieds On Its Website

In Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craiglist, Inc., (7th Cir. March 14, 2008), the U.S. 7th Circuit Court of appeals held that the online classified ad service, Craiglist, is not responsible under federal housing discrimination laws for discriminatory language in ads posted by third parties. Relying on the Communications Decency Act of 1996, the court, in an opinion by Judge Easterbrook, held that Craiglist is not to be treated as the publisher of the ads. Among the ads plaintiffs found objectionable was one which read "Catholic Church and beautiful Buddhist Temple within one block". Plaintiffs claimed this ad suggested a religious preference. The federal Fair Housing Act prohibits the publication of ads offering real estate for sale or rent where the ad indicates "any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin."

In a statement issued after the decision, the Lawyer's Committee for Civil Rights said: "While we are of course disappointed with the overall outcome of the case, we are gratified that the Court emphasized in the final paragraph of its decision that landlords and other housing providers who post discriminatory advertisements remain fully liable under the federal fair housing laws." Today's San Francisco Chronicle reports on the decision.

Article Suggests Path For Modern Revival of Shariah

In today's New York Times Magazine, Harvard Law Professor Noah Feldman writes on the revived interest in Shariah in the Muslim world. He suggests developments that could lead to revival of Shariah as "a path to just and legitimate government in much of the Muslim world." Here are some excerpts:

One big reason that Islamist political parties do so well running on a Shariah platform is that their constituents recognize that Shariah once augured a balanced state in which legal rights were respected.... [T]he traditional Islamic constitution rested on a balance of powers between a ruler subject to law and a class of scholars who interpreted and administered that law. The governments of most contemporary majority-Muslim states, however, have lost these features. Rulers govern as if they were above the law, not subject to it, and the scholars who once wielded so much influence are much reduced in status....

In the early 19th century, the Ottoman empire responded to military setbacks with an internal reform movement. The most important reform was the attempt to codify Shariah. This Westernizing process, foreign to the Islamic legal tradition, sought to transform Shariah from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book. Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority....

It is possible to imagine the electoral success of Islamist parties putting pressure on executives to satisfy the demand for law-based government embodied in Koranic law. This might bring about a transformation of the judiciary, in which judges would come to think of themselves as agents of the law rather than as agents of the state.

Christian Home School Basketball Tournament Fields Serious Teams

Today's New York Times carries a front-page story on the National Christian Homeschool Basketball Championships just held in Oklahoma City. While some 2 million children are home schooled, only 18 states have laws permitting them to participate on public school athletic teams. Home school parents are building teams that are now seriously tracked by college scouts.

Spain's Muslims Face Hurdles In Acquiring Land For Mosques

Muslims in Spain face a shortage of mosques, finding themselves instead praying in apartments, warehouses and garages. Today's New York Times says that while this situation is due in part to lack of resources in the rapidly growing immigrant Muslim community, it is also because several local governments have blocked Muslims from acquiring land on which to build worship sites. Muslim leaders say the situation hinders integration of Muslims. However the situation may be improving as the town of Lleida has granted a 50-year lease on a piece of government land so the local Islamic Association can break ground for a mosque. Other cities may follow suit, and a bill has been introduced in the regional Parliament in Catalonia to require local governments to set aside land for mosques and other places of worship.

Recent Prisoner Free Exercise Cases

In Alvarez v. Hill, (9th Cir., March 13, 2008), the U.S. 9th Circuit Court of Appeals reversed a district court's grant of summary judgment to prison officials in a pro se religious freedom case brought by a Native American prisoner. The court rejected appellants' contention that RLUIPA had to be specifically cited in order to bring a RLUIPA complaint, particularly in view of the lenience traditionally granted to pro se pleadings. (See prior related posting.)

In Pressley v. Johnson, (3rd Cir., March 10, 2008), the U.S. 3rd Circuit Court of Appeals affirmed dismissal of a prisoner's claim that his religious materials had been destroyed. The court said that plaintiff failed to elaborate on what religious materials were confiscated or how the destruction infringed his free exercise rights.

In Shabazz v. Barrow, 2008 U.S. Dist. LEXIS 18130 (MD GA, March 10, 2008), a Georgia federal district court agreed with a federal magistrate's determination that a prison had legitimate penological interests in refusing separate worship services for Nation of Islam inmates.

In Ibrahim v. District of Columbia, (D DC, March 12, 2008), the federal district court for the District of Columbia held that it lacked personal jurisdiction over an individual prison employee who was sued for damages for denying plaintiff his leather kufi that he wears for religious reasons.

In Scott v. California Supreme Court, 2008 U.S. Dist. LEXIS 19040 (ED CA, March 12, 2008), a California federal district court remanded to a federal magistrate judge a prisoner's complaint that he was not permitted to change his name for religious reasons. The remand was occasioned by the 9th Circuit's intervening rejection of the "centrality of belief" test in Shakur v. Schriro.

In Hill v. Pylant, 2008 U.S. Dist. LEXIS 19142 (WD LA, Jan. 18, 2008), a Louisiana federal magistrate judge recommended that a Muslim prisoner's free exercise and RLUIPA claims be dismissed as frivolous. Plaintiff sought to have the prison arrange for Islamic clergy with call outs for Islamic prayer, but the court found that there was a lack of available clergy or volunteers. As to an allegation about religious diet, the court said that plaintiff did not allege that he was prevented from observing Islamic dietary practices.

In Harnett v. Barr, 2008 U.S. Dist. LEXIS 19236 (ND NY, March 10, 2008), a New York federal district court permitted a Muslim inmate to proceed with free exercise and RLUIPA claims. Plaintiff alleged that officials threw away away his Ramadan food during a cell search, that he was denied a "sweet breakfast" at the end of Ramadan, and that he was denied permission to hem his pants above his ankles and to save food in his cell on Mondays and Thursdays.

In Viggers v. Crawford, 2008 U.S. Dist. LEXIS 19395 (WD MO, March 10, 2008), a Missouri federal district court rejected a magistrate's recommendation to dismiss free exercise and RLUIPA claims brought by a Native American prisoner. The court said that it must determine whether a personalized-length smoking pipe is a central tenant of plaintiff's Native American religion and whether the denial of such a pipe substantially burdens the practice of plaintiff's Native American religion. UPDATE: The magistrate's recommendation is at 2008 U.S. Dist. LEXIS 22051 (WD MO, Jan. 31, 2008).

The Sioux Falls (SD) Argus Leader reports on a South Dakota federal magistrate judge's report filed March 5 recommending dismissal of free exercise claims brought by a convicted killer who is an Asatru adherent. After prior litigation, prisoner Darrell Hoadley had been permitted to have a ritual drinking horn, wooden wand and wooden hammer. Now he is seeking additional items, including horse meat and a plastic sword. The court concluded that Hoadley's religious freedom has not been meaningfully curtailed, and that because his security status bars him from group religious activity, he cannot bring a class action on behalf of others. UPDATE: The Argus Leader reports that on March 31 the court dismissed Hoadley's claims, adopting the magistrate's report and recommendations.

Town Trustee's Suit Over Pledge Refusal Recall Is Dismissed

In Habecker v. Town of Estes Park, Colorado, (10th Cir., March 14, 2008), the U.S. 10th Circuit Court of Appeals affirmed a lower court's dismissal on justiciability grounds of a lawsuit brought by a former Trustee of the Town of Estes Park. (See prior posting.) Trustee David Habecker, an atheist, was recalled by voters after he refused to stand and recite the pledge of allegiance at Estes Park Board meetings. He objected to the phrase "under God" in the pledge. Habecker sued the town and members of the recall committee alleging violations of the Establishment Clause and of the Constitution's prohibition on creating a religious test for office. The Court of Appeals concluded that Habecker's "loss of elected office, although an injury in fact, was the result of an intervening cause—the electorate—and is not fairly traceable to the defendants. His claimed injury based on social pressure to recite the Pledge does not constitute an injury in fact under Article III, and any controversy arising from an injury based on exposure to the Pledge is now moot given that Habecker is no longer required to attend Board meetings." [Thanks to How Appealing for the lead.]

State Department Releases Report On Global Anti-Semitism

Yesterday, the U.S. State Department's Office of the Special Envoy for Monitoring and Combating Anti-Semitism provided Congress with a report titled Contemporary Global Anti-Semitism. It is a follow-up to a similar report issued three years ago. As described by the State Department's release:

This report ... reflects the United States' deep commitment to take a strong stand against growing anti-Semitism around the world. [It] ... is dedicated to the memory of Tom Lantos.... The report is thematic in nature and ... provides a broad overview of anti-Semitic incidents, discourse and trends. [It] ... documents traditional forms of anti-Semitism ... but also discusses new manifestations ... including instances when criticism of Israel and Zionism crosses the line into anti-Semitism. The report covers anti-Semitism in both government and private media, and within the United Nations system. It concludes with a review of governmental and nongovernmental efforts to combat the problem. The report is meant to serve as a resource for increasing understanding of contemporary forms of anti-Semitism and for shaping strategies to combat this growing problem worldwide.

Columnist Says Islam Is Central In Minnesota Charter School

Columnist Katherine Kersten in last Sunday's Minneapolis Star Tribune discusses a cultural identity publicly-funded charter school operating in Minnesota's Twin Cities area. The Tarek ibn Ziyad Academy (TIZA) enrolls around 300 children in grades K-8. The school has a waiting list of 1500, and last fall it opened a second campus. Most enrollees are children of Muslim immigrant families. The school says that it focuses on "traditions, histories, civilizations and accomplishments of the eastern world (Africa, Asia and Middle East)." Kersten says, however, that "the line between religion and culture is often blurry. There are strong indications that religion plays a central role at TIZA." Its co-founders were imams. The school shares a building with the Muslim American Society of Minnesota and a mosque. After-school Islamic studies are offered in the same building. Indeed, the school was originally envisioned as a private Islamic school.

School Sued Over Denial of Space For Students To Meet To Pray and Talk

On Wednesday, the Alliance Defense Fund announced that it has filed suit in federal district court against the East Valley School District in Washington state on behalf of a Christian high school student. The student was refused permission to meet in an unoccupied room at East Valley High School during the lunch hour with a handful of other students to fast, pray and discuss various matters from a religious perspective. The refusal was based on a District policy that bars religious services, programs or assemblies during school hours. The complaint in A.L. v. East Valley School District No. 361, alleges that this policy violates the free speech free exercise, equal protection and due process clauses of the U.S. Constitution.

Map Discloses State Free Exercise Tests

Prof. Eugene Volokh has posted on his website his religious accommodation regime map of the United States (from the upcoming new edition of The First Amendment: Law, Cases, Problems, and Policy Arguments ). The useful map focuses on whether each state's law requires strict scrutiny of alleged free exercise infringements. It divides states into seven different categories.

Violent Demonstrations By Tibetan Monks Seek More Religious Freedom

The London Times reports today on serious violence in the Tibetan capital of Lhasa as monks seeking greater religious freedom attempted to stage a demonstration. Police tried to keep the monks from the ancient Ramoche monastery from entering the streets. The monks, opposed to Chinese rule in Tibet, have engaged in demonstrations for a week. They have gained particular attention because of the upcoming Olympic games. Today's Wall Street Journal reports that protesters plan to use the high profile Olympic torch relay to call further attention to their cause.

German Schools Will Offer Course In Islam As Alternative

In German schools, students are required to take classes in religion. Currently they have a choice of courses in Roman Catholicism, Protestantism or Judaism, and in many schools an alternative course in ethics. According to yesterday's International Herald Tribune, Interior Minister Wolfgang Schäuble has decided that schools should also offer a course in Islam as an alternative. An agreement will need to be worked out with leaders of Germany's Muslim community to effectuate the change. Most Muslims in Germany are Turks. Schäuble says the course in Islam must be offered in German.

Wisconsin's Governor Signs Bill On Aid To Sexual Assault Victims

Wisconsin's Governor Jim Doyle yesterday signed AB 377 that requires all hospitals to provide emergency contraception to any victim of sexual assault who requests it. Madison's Capital Times reports however that Pro-Life Wisconsin says the new law is unconstitutional, arguing that it violates the "right of conscience" clause of Wisconsin's Constitution and the Free Exercise clause of the First Amendment. The organization's press release refers to the bill as the Chemical Abortion Hospital Mandate.

British Town Council Concerned With Propriety of Opening Prayer

Contention over opening city council meetings with sectarian prayer has now made its way to Britain. This Is London reported yesterday that the National Association of Local Councils has advised the town council in Bideford, North Devon that its 400 year old tradition of opening meetings with a prayer may run afoul of Britain's Race Discrimination Act and its Human Rights Act. It may also violate Art. 9 of the European Convention on Human Rights. Town clerk George McLauchlan had asked the NALC for advice after one member of council proposed eliminating the prayer.

European Court Finds Greece Violated Religious Rights of Bar Applicant

Spero News today reports on a freedom of religion decision handed down last month by the European Court of Human Rights-- Alexandridis v. Greece (application number 19516/2006, ECHR, Feb. 21, 2008). The full text is available in French [word doc]. The Court held that Greece violated Art. 9 of the European Convention on Human Rights when it insisted that Theodoros Alexandridis, being sworn in as a member of the bar, sign a document indicating that he is not an Orthodox Christian before he was permitted to make a solemn declaration instead of taking a religious oath. The demand violated his right "not to have to manifest his religious beliefs". Alexandridis was awarded damages of 2000 Euros.

Bangladesh Backs Off Equal Property Rigths For Women After Clerics Protest

In Bangladesh last week, the interim government of Fakhruddin Ahmed announced a National Women Development Policy that included enactment of laws entitling women to equal property rights. (BBC). The proposal would have eliminated the disparity that now exists under which a daughter inherits only half as much as her brother. However, according to an AFP report yesterday, the government has changed course after objections from Islamic clerics and scholars. They say that the new proposal would be inconsistent with Islamic sharia law. Sharia governs inheritance and marriage for the 90% of the country's population who are Muslims. After threats of nationwide protests, law minister Hasan Arif said the government "does not have any plan to enact any laws that goes against the Koran and the traditions of Prophet Mohammad."

Israel's Supreme Court Finds Kibbutz Exception To Sabbath Closing Law

A three-judge panel of Israel's Supreme Court earlier this month overruled the decision of a regional Labor Court and held that the Hours of Work and Rest Law does not apply to stores owned by a kibbutz and operated by kibbutz members. March 7 Haaretz reported that the decision permits kibbutz businesses to remain open on Saturdays. [Thanks to Religion and State in Israel for the lead.]

Suit Claims NY State Kosher Inspectors Are Exceeding Their Authority

Yesterday's New York Jewish Week reports that a lawsuit has been filed in federal district court in New York by three kosher butchers who are seeking to require state inspectors to comply with a 2005 law that changed the way in which the state attempts to make sure that consumers are not misled when purchasing kosher meat. After the Second Circuit upheld a district court's determination that the state's prior kosher fraud law violated the Establishment Clause, the legislature passed a law creating an Internet database in which sellers of kosher food are required to submit specified information, particularly the name of the organization or individual that certifies their products as kosher. (Background). In the new lawsuit, butchers Brian, Jeffrey and Evelyn Yarmeisch claim that state inspectors are illegally second-guessing kosher supervisors' interpretation of Jewish law.

Second Muslim Elected To Congress

In Indiana on Tuesday, voters elected Andre Carson to Congress, making him the second Muslim ever to serve. Carson won a special election to fill out the House term of his grandmother. AP yesterday reported that Carson, a Democrat, had received 54% of the vote. Carson, raised as a Methodist, converted to Islam more than ten years ago. His district covers most of Indianapolis. (See prior related posting.) [Thanks to Melissa Rogers for the lead.]

Senate Committee Seeks Information Again From Prosperity Gospel Ministries

In developments being closely followed by Melissa Rogers blog, U.S. Senator Chuck Grassley, joined by Senate Finance Committee Chairman Max Baucus, has written four major prosperity gospel ministries for a second time seeking information about their financial affairs. (Full text of letters.) The Des Moines Register and the Tampa Tribune reported yesterday on developments. Grassley originally wrote six tele-evangelist asking for information about alleged misuse of donations. (See prior posting.) Two have adequately complied with the request. (See prior posting.) The Senate Finance Committee exercises oversight of the Internal Revenue Service, and of enforcement of tax laws relating to non-profit organizations.