Home Schooling Among Muslim Families Is Growing, But Controversial

In a story from Lodi, California today, the New York Times reports on the trend among Pakistani and other southeast Asian families to home school girls when they reach high school age. Reasons include prejudice encountered in public schools and clashes with religious and cultural traditions. In the Lodi district, 38 out of 90 high school girls, but only 7 out of 107 boys, from Pakistani and southeast Asian families are being home schooled. Many Pakistani Muslim families in Lodi are attempting to recreate their traditional conservative social culture. On a smaller scale across the country, home schooling is an option chosen by some Muslim families though the choice is a controversial one among Muslims. One California mother home schooling her children said that home school parents tend to be converts to Islam. Immigrant parents, she said, more often want American public school educational opportunities for their children.

Court Upholds Reprimand of Pharmacist Who Refused To Fill Prescription

In Noesen v. State of Wisconsin Dept. of Regulation & Licensing, (WI Ct. App., March 25, 2008), a Wisconsin state appellate court upheld the state Pharmacy Examining Board’s decision reprimanding a pharmacist who refused, on religious grounds, to fill or transfer a customer's prescription for oral contraceptives. The court rejected pharmacist Neil Noesen's argument that his right of conscience, protected by the Wisconsin Constitution (Art. I, Sec. 18), was infringed. The condition imposed by the Pharmacy Board for Noesen's violation of the required standard of care merely required Noesen, who works through a pharmacist placement agency, to make his religious objections known to his employer before he begins at any pharmacy. The court said that this will facilitate rather than burden Noesen's ability to exercise his conscientious objection. AP yesterday reported on the court's decision.

Saudi's King Abdullah Wants Interfaith Dialogue

King Abdullah of Saudi Arabia has for the first time proposed a dialogue between Christianity, Judaism and Islam. Yesterday's London Times reports that the king, following up on his November trip to the Vatican, made his announcement at a forum in Riyadh. Expressing concern over the disintegration of families and the rise of atheism around the world, he said: "If God wills it, we will then meet with our brothers from other religions, including those of the Torah and the Gospel to come up with ways to safeguard humanity."

9th Circuit Holds Segregated Inmates Must Still Get Access To Religious Services

In Pierce v. County of Orange, (9th Cir., March 24, 2008), the U.S. 9th Circuit Court of Appeals ruled that Orange County (CA) jails are systematically denying inmates in administrative segregation access to religious services in violation of their First Amendment rights. It held that"a detainee’s placement in administrative segregation does not, standing alone, justify a complete denial of opportunities to practice religion." The court found that a previously issued injunction requiring that inmates in administrative segregation be given once-per-week access to scheduled religious services, a chapel visit or a meeting with a religious adviser should continue to be enforced. The holding was part of a lengthy opinion in a class action lawsuit that also challenged other jail conditions. Reporting on the decision yesterday, the Orange County Register said that most of the jail inmates in administrative segregation are those charged with sex crimes.

Dali Lama's Threat Could Separate Religion and State In Tibet

Today's Los Angeles Times explores the church-state implications of the Dali Lama's threat last week to resign over violence in Tibet. (Time 3/18). The threat, according to a top aide of the leader, is to resign only as head of state. This would for the first time break Tibetan Buddhism's centuries-old tradition of uniting in one person the religious and political leader. The move might however permit the Dali Lama to select his own successor, thereby undermining the legitimacy of anyone chosen by the Chinese government which formally has the final authority in choosing high lamas and their reincarnations. Meanwhile, according to the AP, China's Public Security Minister Meng Jianzhu has announced that "patriotic education" classes at Tibetan monasteries will be expanded. Under threat of jail, monks and nuns are forced into these sessions at which they are required to make ritual denouncements the Dalai Lama and proclaim their loyalty to the Chinese government in Beijing.

Clinton Says Obama Should Have Left His Church Over Pastor's Remarks

Hillary Clinton yesterday said she had a different view than does Barack Obama on how Obama should have reacted to controversial statements by his long-time pastor, Rev. Jeremiah Wright. CNN reported on Clinton's statements. Suggesting that Obama's speech last week was an insufficient response to the controversial clergyman, Clinton in a news conference said: "I think given all we have heard and seen, he would not have been my pastor." And in remarks during an interview, she stated: "You don't choose your family, but you choose what church you want to attend."

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.