Algeria Closes Protestant Churches That Lack Permits

The Christian Post reported yesterday that Algeria has apparently begun for the first time to enforce a 2006 law that requires non-Muslim congregations to obtain a permit from their regional prefecture before holding religious services. Thirteen Protestant churches have been closed down since November by government order, though no official reason has been given for the action. Pastor Mustapha Krim, president of the Protestant Church of Algeria, has made a formal request to government officials for an explanation of the closings.

Muslim NYPD Officer's Discrimination Suit Survives Dismissal Motion

Yesterday's BNA E-Commerce Law Daily reports on last month's decision in John Doe Anti-Terrorism Officer v. City of New York, (SDNY Feb. 6, 2008). In the decision, a New York federal district court denied a motion to dismiss hostile work environment claims brought by a Muslim Arab-American law enforcement officer against Bruce Tefft, a counter terrorism advisor hired by the New York City Police Department. Tefft for over three years sent his colleagues in the Intelligence Division and his NYPD supervisors discriminatory anti-Muslim and anti-Arab e-mail briefings. Plaintiff was ordered to receive these briefings as part of his duties with the NYPD's Intelligence Division. Tefft also directly stated to Plaintiff's colleagues that they should not trust any Muslim in law enforcement. Plaintiff's supervisors ignored his complaints about the harassment.

The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)

The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.

Saudis, Germany Try New Approaches To Encourage Development of Moderate Islam

Two developments reported yesterday illustrate innovative attempts by governments around the world to press Muslims for ideological change in the direction of moderation. UPI reported that the Saudi Arabian government is beginning a program to retrain 40,000 Islamic clerics in a "culture of dialogue … centrism and moderation." King Abdulaziz Center for National Dialogue "in cooperation with" the Ministry of Islamic Affairs will be conducting the training.

Meanwhile, Reuters reported yesterday that in the German states of North Rhine Westphalia and Hamburg, officials are using a new comic strip to encourage young people to adopt a moderate mainstream version of Islam. A new comic adventure, distributed to every secondary school in North Rhine Westphalia, features schoolboy hero Andi. In it, his girlfriend Ayshe and her brother Murat fall under the influence of a radical friend and an Islamic extremist preaching hate. This is part of a broader attempt to use pop culture figures to prevent young people from being drawn into radical Islamist groups.

British Teachers Union Proposes Single System of Multi-Faith Schools

Britan's National Union of Teachers meeting at its 2008 Annual Conference has proposed a dramatic restructuring of the British school system that would eliminate separate state-supported faith schools and replace them with a single school system that would offer children a choice of religious instruction in any of a number of faiths, or a choice of no religious instruction. Separate prayer facilities for each faith would be made available inside schools. Holiday observances and religious jewelry and headscarves would be accommodated. Today's London Guardian and the Daily Express report that under the plan, all schools would become practicing multi-faith institutions. Preferential admissions to any school on the basis of belief would be eliminated.

The plan was developed after research indicated that faith schools were creating social, ethnic and religious segregation. Opposition to the proposal immediately surfaced from Conservative Party MP's, secularists and the Church of England. Muslim and Jewish spokesmen had a mixed response.

Christians In Cayman Islands Express Concern Over Bill of Rights Proposal

In the Cayman Islands, the Government has proposed a Bill of Rights for the country. Cayman Compass reported yesterday however that there is growing concern over the impact of the proposal on the country's traditional Christian heritage. Human Rights Committee deputy chair, Vaughan Carter, responding to those concerns, said last week that "Human rights principles and the inclusion of rights of religion for all people do not prohibit the recognition of Christmas, the [right for schools to hold] nativity plays or for aspects of Christianity to happen in schools." He said the government is not proposing U.S.-style separation of church and state. He also said that the definition of marriage should not be in the Constitution, but instead left to religious groups. The HRC is expected to release its position on the Government’s proposal later this week. Earlier this month, over a dozen Cayman clergy attended a meeting called by the United Democratic Party to express their concern over the Bill of Rights proposal. (Cayman Compass, March 11).

Catholic Opposition To Embryo Research Bill In Britain

The London Daily Mail reports today that British Prime Minister Gordon Brown is facing a rebellion by 12 Catholic members of Commons, including three cabinet members, over the government's proposed law on embryo research. Catholic Church leaders have particularly criticized provisions that would permit the laboratory combination of animal eggs and human DNA, would allow lesbian couples to register as parents, and would permit the creation of genetically selected "saviour" siblings who could be donors for medical treatment of their brothers or sisters. The Government may be forced to allow Labour MPs to vote their conscience on the bill. Votes of Conservative and Liberal Democrat MPs may be necessary to get it passed. Tory leader David Cameron supports the bill-- his son was born with a neurological disease. Supporters accuse Catholic leaders of misleading the public about what is in the bill. [Thanks to Scott Mange for the lead.]

New Online Resource-- "Religion Dispatches"

A new online resource on religion, values and public life made its debut last month--it is titled Religion Dispatches. With a half dozen collaborating academic institutions, a distinguished advisory council and a four-person staff, the site features articles, a blog, links to current news articles and other features. Here is how it describes its mission: "The goal of RD is to inform public debate by analyzing and critically engaging the role of religion and values on the most vital issues of our time. This will involve bringing a wider spectrum of perspectives into the conversation, especially voices that have been marginalized in most media, and increasing attention to progressive expressions of religion and values." A link to Religion Dispatches is now on the Religion Clause sidebar under "Resources".

First Nation Says Canadian Officials Violated Religious Rights By Dousing Fire

In Thunder Bay, Ontario last week, a judge sentenced the Chief and six Council members of one of Canada's First Nations, the Kitchenuhmaykoosib Inninuwug (KI), to six months in jail for contempt of court. The conviction grew out of their staging a demonstration to block a mining company from access to Big Trout Lake, access which had been granted to the company by a court order. (Anishinabek Nation press release, 3/17). Yesterday the situation escalated into a religious freedom dispute. The Exchange Morning Post reports that First Nation supporters of the arrested leaders showed up outside the Thunder Bay jail where they are held and lit a Sacred Fire in their support. The Police and Fire Marshall's office extinguished the fire. Now the KI are claiming that this was suppression of a First Nation traditional spiritual ceremony in violation of Canada's Charter of Rights and Freedoms.

Repeat Defendant Sentenced To Attend Church

The Quad City Times and Quad Cities Online report that in Davenport, Iowa last Wednesday, Scott County Associate Court Judge Christine Dalton sentenced Pachina Tehran Hill, as part of his probation, to attend the men's counseling program at Third Missionary Baptist Church in Davenport and to attend church services there for eight consecutive weeks. Easter services yesterday was the first mandatory service. Hill's attorney proposed the counseling alternative, and prosecutor Marc Gellerman requested that the church attendance requirement be added. Hill agreed. Rogers Kirk, pastor at Third Missionary Baptist, will report to the court on Hill's progress in the program. Hill has been arrested more than 60 times and has been in and out of jail since he was 14. The latest sentence grows out of a prosecution on a number of charges after police tried to stop Hill for traffic violations. He led them on a chase from Rock Island to Davenport, where he stopped his car and tried to flee on foot. At the time he was already on probation for similar violations.

Dutch Politician's Anti-Islam Film Triggers Website Suspension and Lawsuit

AFP reported yesterday that the U.S. web hosting company, Network Solutions, has temporarily shut down the website of right wing Dutch politician Geert Wilders. The site publicized the short movie extremely critical of the Quran that Wilders is currently producing. Wilders was likely planning to use the website to show the video. (See prior posting). Now when a viewer clicks on Wilder's URL, this notice from Network Solutions appears: "This site has been suspended while Network Solutions is investigating whether the site's content is in violation of the Network Solutions Acceptable Use Policy. Network Solutions has received a number of complaints regarding this site that are under investigation." Among the content banned by the company's Policy is "material that is ... libelous, unlawful, harassing, ... hate propaganda ... or otherwise objectionable material of any kind or nature."

On Friday, the Netherlands Islamic Federation filed suit in The Hague, asking a court to set up a panel of censors to review the film. (AFP). The court will rule on the petition by March 28, but Wilders hopes to release the film before that in order to avoid showing it to censors. Al Jazeera reported on Sunday that Dutch officials fear that release of the movie could trigger violent protests. Meanwhile, a Dutch cultural organization has encouraged individuals to video themselves dressed as Wilders saying "I am sorry", and to post those videos online.

Pope's Baptism of Muslim Journalist May Create New Tensions

Today's London Times says that Pope Benedict XVI is risking renewed tension with the Islamic world because of his high profile baptism of Muslim journalist Magdi Allam at the Vatican's Easter midnight Mass. (See prior posting.) Allam has made a rift more likely because of a letter (full text in Italian) he has published in Corriere della Sera, the Italian newspaper of which he is a deputy editor. Referring to his baptism, Allam said that his soul had been "liberated from the obscurantism of an ideology which legitimizes lies and dissimulation, violent death, which induces both murder and suicide, and blind submission to tyranny". He said that instead he had "seen the light" and joined "the authentic religion of Truth, Life and Liberty."

Minneapolis Schools Working With Churches To Get Help For Students

Yesterday's Twin Cities Daily Planet reports on the growing faith-based partnerships between churches and Minneapolis public schools. Under the Minneapolis School Board's Strategic Plan adopted last December, the schools reach out to faith-based instituitons seeking to have individual churches partner with a school. Some churches send tutors into the school; others have after-school programs on church premises. While there are no formal guidelines, the schools negotiate the scope of the program to avoid religious content that would create church-state issues.

New Articles and Book of Interest

From SSRN:

• Malcolm Voyce, The Vinaya and the Dharmaśāstra: Monastic Law and Legal Pluralism in Ancient India, (Macquarie Law Working Paper No. 2008-9, March 2008).


• Julie Marie Baworowsky, From Public Square to Market Square: Theoretical Foundations of First and Fourteenth Amendment Protection of Corporate Religious Speech, (Notre Dame Law Review, Vol. 83, No. 4, 2008).


• Robert C. Blitt & Durham, W. Cole, Analysis of the Republic of Tajikistan's Draft Law 'About Freedom of Conscience and Religious Unions', (March 21, 2008).

From NELLCO:

• Gregory Kalscheur SJ, Civil Procedure and the Establishment Clause: Exploring the Ministerial Exception, Subject Matter Jurisdiction, and the Freedom of the Church, (Boston College Law School Faculty Papers, Paper 214, March 18, 2008).

From SmartCILP:

• Donald W. Garner & Robert L. McFarland, Suing Islam: Tort, Terrorism and the House of Saud, 60 Oklahoma Law Review (2007).


• Peter Zablotsky, "Curst Be He That Moves My Bones:" The Surprisingly Controlling Role of Religion in Equitable Disinterment Decisions, 83 North Dakota Law Review 361-385 (2007).

New Book:

• Daphne Bramham, The Secret Lives of Saints: Child Brides and Lost Boys in a Polygamous Mormon Sect, (Random House Canada, March 2008), reviewed in the Calgary Herald.

State Employee Partially Successful In Title VII Claim

In Atwood v. Oregon Department of Transportation, 2008 U.S. Dist. LEXIS 22369 (D OR, March 20, 2008), a state employee alleged that his free exercise rights and Title VII of the 1964 Civil Rights Act were violated when one of his supervisors harshly questioned him and threatened to fire him because he refused to work on Sundays for religious reasons. An Oregon federal district court held that the supervisor did not have qualified immunity for his conduct, but dismissed a portion of the employee's lawsuit-- his allegations of hostile work environment and retaliation. Plaintiff's factual allegations did not support these two claims.

President Salutes Easter In Message and Radio Address

President Bush's weekly radio address yesterday (full text) focused on today's celebration of Easter. After expressing appreciation to American military troops who are away from home, as well as remembering those who have been killed, he concluded with this thank you:

On Easter, we also honor Americans who give of themselves here at home. Each year, millions of Americans take time to feed the hungry and clothe the needy and care for the widow and the orphan. Many of them are moved to action by their faith in a loving God who gave His son so that sin would be forgiven. And in this season of renewal, millions across the world remember the gift that took away death's sting and opened the door to eternal life. Laura and I wish you all a happy Easter.

On Friday, the President issued a Presidential Easter Message (full text), reading in part:

The Resurrection of Jesus Christ reminds people around the world of the presence of a faithful God who offers a love more powerful than death. Easter commemorates our Savior's triumph over sin, and we take joy in spending this special time with family and friends and reflecting on the many blessings that fill our lives. During this season of renewal, let us come together and give thanks to the Almighty who made us in His image and redeemed us in His love.

Pope's Easter Message Focuses On World Trouble Spots as He Baptizes Muslim Critic

Deutsche Welle reports that Pope Benedict XVI's Easter message today included a call for peaceful solutions in many of the world's trouble spots-- Darfur, Somalia, the Middle East and Tibet. According to CNN, at the Vatican's Saturday night Easter vigil Mass, the Pope baptized seven adults. One of those was the Italian newspaper editor Magdi Allam who was born in Egypt of Muslim parents. Allam, who is married to a Catholic, has become a prominent critic of Islamic extremism and a supporter of Israel. Many in Islam see conversion as apostasy that could be punishable by death. However a spokesman for Italy's Union of Islamic Communities merely said of Allam's decision: "He is an adult, free to make his personal choice."

India's Supreme Court Interprets Muslim Marriage Law

The Supreme Court of India this month found itself interpreting Muslim religious law in a case awarding a Muslim woman maintenance from her husband. Under Muslim law, a man may not marry his wife's sister during his wife's lifetime. In Patel v. Begum & Anr, (India Sup. Ct., March 14, 2008), the court held a marriage in violation of this ban is only voidable (or irregular) instead of void. The court said: "Consequently, under the Hanafi law as far as Muslims in India are concerned, an irregular marriage continues to subsist till terminated in accordance with law and the wife and the children of such marriage would be entitled to maintenance under the provisions of Section 125 of the Code of Criminal Procedure." IANS today reports on the court's decision, calling it "a ruling of profound socio-religious significance."

Atheist Activist Supports Easter Service and Cross In Daley Plaza

Yesterday's Chicago Daily Herald reported that atheist activist Rob Sherman has praised the city of Chicago for permitting the Thomas More Society to put up a 19 foot cross in Daley Plaza for its sunrise Easter service today. Sherman says he backs the right of individuals to engage in private religious speech in public. He only objects to government supported expressions of religion. [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In Piskanin v. Hammer, (3d Cir., March 18, 2008), the U.S. 3rd Circuit Court of Appeals dismissed as frivolous a prisoner's claim that removal of his religious medal/necklace when he was placed on suicide watch unconstitutionally infringed his free exercise of religion.

In Hightower v. Schwarzenegger, 2008 U.S. Dist. LEXIS 21542 (ED CA, March 19, 2008), a California federal district court dismissed a plaintiff's challenge to a prison requirement that prevented him from receiving religious publications from a vendor of his choice that was not on the approved list of publishers.

In Johnson v. California Department of Corrections, 2008 U.S. Dist. LEXIS 20130 (ED CA, March 14, 2008), a California federal district court granted summary judgment to defendants in a case in which a Rastafarian prisoner brought free exercise, equal protection and RLUIPA challenges to a prison's grooming requirement that called for him to cut his hair.

In Glass v. Scribner, 2008 U.S. Dist. LEXIS 20518 (ED CA, March 17, 2008), a California federal district court rejected a challenge brought by a prisoner (who variously claimed he was a member of the Ausarian religion and that he was a Rastafarian) to the prison's ban on using oils for religious purposes in inmate cells. Instead oils were available only from the Muslim chaplain at services. The court however permitted plaintiff to move ahead with a challenge to the prison's refusal to provide him with a vegetarian diet as required by his religious beliefs.

In Allan v. Woods, 2008 U.S. Dist. LEXIS 20831 (ND NY, March 17, 2008), a New York federal district court dismissed a claim by a Hebrew Israelite prisoner that his rights under RLUIPA and the First Amendment had been infringed. The court found that authorities accommodated plaintiff's request not to work on his Sabbath except for one Saturday morning, and that this limited infringement did not substantially burden his free exercise rights.

In Robins v. Lamarque, 2008 U.S. Dist. LEXIS 21254 (ND CA, March 18, 2008), a California federal district court rejected free exercise , due process and equal protection challenges to a prison's ban on Muslim inmates attending religious services for a number of months after a series of violent incidents and threats of other incidents.

In Mason v. Masley, 2008 U.S. Dist. LEXIS 21176 (S.D.N.Y. Mar. 7, 2008), a New York federal district court accepted a magistrate's recommendation (2008 U.S. Dist. LEXIS 21230 (S.D.N.Y. Feb. 14, 2008) in one of a number of similar cases brought by Muslim inmates. The lawsuits complain that meals served at Rikers Island prison did not meet the requirements for Halal food and that non-Halal items were not identified at the prison commissary. The court dismissed claims against seven corrections officers on qualified immunity grounds, but permitted plaintiff to proceed against two supervisory employees.

In Anderson v. Bratton, 2008 U.S. Dist. LEXIS 21759 (D KA, March 17, 2008), a Kansas federal district court permitted plaintiff, a member of Assembly of Yahweh, to proceed on free exercise and RLUIPA claims after his request for special foods for three religious observances were denied. The court held it is enough that plaintiff had genuine and sincere religious beliefs regarding the festival observances. The food items did not have to be mandated by or central to his religion. Prison authorities apparently incorrectly equated plaintiff's religion with Judaism in denying his requests.

Court Dismisses Claims Challenging All-Male Limits On Theology Faculty

In Klouda v. Southwestern Baptist Theological Seminary, 2008 U.S. Dist. LEXIS 22157 (ND TX, March 19, 2008), a Texas federal district court dismissed on First Amendment grounds seven state and federal causes of action brought by a Sheri Klouda, a faculty member who was forced to resign from her position on the School of Theology faculty at the Southwestern Baptist Theological Seminary. The Seminary’s new president, Paige Patterson, decided that all faculty teaching future pastors had to be qualified to serve as pastor of a local church—a position open only to men. Klouda rejected Patterson’s offer for her to move to become Associate Director of the Writing Center at her same salary. In a lengthy opinion, the court reviewed many of the 5th Circuit’s decisions involving the ecclesiastical abstention and ministerial exception doctrines. The court concluded:

The record clearly establishes that Seminary is a "church" and that plaintiff is a "minister" as contemplated by the ministerial exception doctrine. Moreover, the record establishes as a matter of law that the employment decision made by dfendants concerning plaintiff was ecclesiastical in nature. If the court were to allow plaintiff's claims to go through the normal judicial processes the procedural enanglements would be far-reaching in their impact upon Seminary as a religious organization.”

Reporting on the decision, the Associated Press notes the tension between conservative and moderate factions in the Southern Baptist Convention. It says that the Seminary’s theology faculty currently includes one female professor, but she teaches only women’s classes. From the school’s website, it appears that she is the wife of Seminary President Paige Patterson.