Malaysia's Islamic Lawyers Want Khalwat Ban Extended To Non-Muslim Partner

Reuters yesterday reported on a controversial proposal by a group of Islamic lawyers that would extend some Islamic law strictures to non-Muslims. Malaysia's Shariah court system has jurisdiction only over Muslims-- mainly in family and personal status matters. Others are subject to civil courts. Religious police monitor Muslims' compliance with Islamic law. One offense punishable by Shariah courts is "khalwat"-- close proximity, i.e. unwed Muslim couples holding hands or cuddling. At a legal seminar this week co-sponsored by the Sharia Judiciary Department, participants decided to forward to the Attorney-General a proposal that a civil law be enacted to prohibit khalwat between a non-Muslim and a Muslim. In response, Malaysia's Bar Council issued a statement saying that the proposal would violate the constitution's protection of freedom of religion.

Recent Prisoner Free Exercise Cases

In Kaufman v. Karlen, 2008 U.S. App. LEXIS 6181 (7th Cir., March 20, 2008), the U.S. 7th Circuit Court of appeals upheld a district court's rejection of claims by an atheist inmate who complained that he was not permitted to wear a silver circle pin which authorities found had nothing to do with religion. The court also upheld the prison library's delay in processing atheist books that had been donated to it.

In Pogue v. Woodford, 2008 U.S. Dist. LEXIS 22438 (ED CA, March 21, 2008), a California federal magistrate judge recommended that prison officials be required, in response to plaintiff's interrogatories, to furnish any state-wide guidelines issued by the Department of Corrections and Rehabilitation regarding Muslim inmates' ability to practice Islam, as well as any information they have on why the prisons at which plaintiff has been housed have different Operational Procedures concerning how Islam is to be practiced.

In Dean v. Corrections Corporation of America, 2008 U.S. Dist. LEXIS 24862 (ND MS, March 28, 2008), a Mississippi federal district court upheld the application of RLUIPA to a private company which under contract with the state provides prison facilities. It held however that a prisoner whose rights were violated by the denial of a diet meeting his religious needs is limited to recovering nominal damages.

In Daly v. Davis, 2008 U.S. Dist. LEXIS 24851 (SD IL, March 28, 2008), and Illinois federal district court upheld a prison's requirement that in order for inmates to continue to qualify for the kosher food program, they may not eat, purchase or possess non-kosher food. The strict kosher diet requirement, according to the court, did not substantially burden plaintiff's religious exercise.

In Thomas v. Picio, 2008 U.S. Dist. LEXIS 24828 (SD NY, March 26, 2008), a New York federal district judge found that plaintiff's assertion that she was denied kosher meals for several days was unsupported by her testimony.

Robinson v. City of New York, 2008 U.S. Dist. LEXIS 25001 (SD NY, March 5, 2008), is another opinion in a series of cases brought by Muslim prisoner's at Rikers Island challenging the way in which prison personnel prepare and handle Halal meals as well as the manner of sale of food in the prison's commissary. The court concluded that plaintiffs have standing and permitted them to proceed to trial on their claim that the failure to list the non-Halal products in commissary items leads to their mistaken purchase by Muslim inmates who then place that food on the Halal trays in the dining facility, contaminating the trays for other observant users. However qualified immunity excused two correctional officers who merely worked in the commissary.

In Eberle v. Wilkinson, 2008 U.S. Dist. LEXIS 25067, (SD OH, March 28, 2008), an Ohio federal magistrate judge ruled that an inmate's claim that he was denied the opportunity to freely exercise his Asatru religious beliefs should be asserted as part of a pending class action instead of in this individual lawsuit.

In Perez v. Frank, 2008 U.S. Dist. LEXIS 25196 (ED WI, March 28, 2008), a Wisconsin federal district court dealt with a variety of RLUIPA and free exercise claims brought by two Sunni Muslim inmates. The court granted defendants' motion for summary judgment as to denial of the inmates' ability to participate in a religious discussion group, denial of various religious items, claims regarding Halal food, claims regarding the prison's urinalysis policy, and the food served for Eid al Fitr. However the court refused to grant summary judgment to defendants on claims regarding scheduling of the Eid al Fitr celebration and the celebration of Eid-ul-Adha. The court also rejected Establishment clause and equal protection claims.

Court Says Religious Statue In Car Is Not Ground For Suspicion of Drug Activity

In United States v. Magana, 2008 U.S. Dist. LEXIS 24859 (WD TX, March 13, 2008), a Texas federal district court granted a motion to suppress evidence because the grounds for the search involved were impermissible. An officer initiated a traffic stop after observing what he believed to be a defective tire. After he found no problem with the tire, he detained the driver and searched the car, because among other things, the driver had a religious statue on his dashboard. Police say that religious symbols are often displayed in or on cars to dispel suspicion of wrongdoing and are usually indicate drug activity. The court concluded however that "because displaying a religious symbol on a vehicle constitutes symbolic speech, and is protected by the First Amendment, it is impermissible for law enforcement to use religious paraphernalia in their reasonable suspicion calculation." Last year, a Nebraska federal district court in a somewhat similar case reached an opposite conclusion. (See prior posting.)

Church Bell Exception To Sound Ordinance Does Not Create Content-Based Law

In Service Employees International Union v. City of Houston, 2008 U.S. Dist. LEXIS 25639 (SD TX, March 31, 2008), the SEIU brought a broad-based constitutional challenge to the permit requirements in the City of Houston Sound Ordinance and in its Parade Ordinance and to its Parks Ordinance. In its decision, a Texas federal district court struck down the provision on required security precautions in the Parks Ordinance and the 10-day advance notice requirement in the Parade Ordinance. It upheld most other provisions; however it held that trial was necessary to determine which section of the Sound Ordinance was being applied to deny SEIU's use of a bullhorn. In upholding a portion of the Sound Ordinance, the court held that the exemption for church bells and chimes sounded for no more than 5 minutes every hour as part of a religious observance or service during the day does not render the Ordinance content-based. The court said: "This limitation demonstrates the understanding that church bells and chimes are of limited duration and therefore are 'non-intrusive . . . acceptable background noise'."

Polygamous Muslim Marriages In Europe Growing

A report yesterday from AKI says that the number of polygamous marriages among Muslim immigrants is growing in Italy and elsewhere in Europe. It is estimated that there are 15,000 to 20,000 such marriages in Italy, even though they are illegal. Some are immigrants who were legally married to more than one wife before coming to Italy. In other cases, polygamous marriages are contracted in the consulates of immigrants' home countries with just an imam present. Britain, Belgium and Germany will pay welfare benefits to multiple wives. Italy will not.

4th Circuit Holds for EEOC In Religious Discrimination Case

In EEOC v. Sunbelt Rentals, Inc., (4th Cir., March 31, 2008), the U.S. 4th Circuit Court of Appeals reversed a trial court's grant of summary judgment and permitted the Equal Employment Opportunity Commission on behalf of Clinton Ingram to go to trial on charges that a Maryland company, Sunbelt Rentals, permitted a religiously hostile work environment in violation of Title VII of the 1964 Civil Rights Act. Ingram was an African American who had converted to Islam. He claims he was subjected to a steady stream of anti-Muslim comments and actions by his co-workers which his employer, Sunbelt, did nothing to stop. The main issue was whether the comments and actions were sufficiently severe and pervasive to create a hostile work environment. The Court of Appeals thought that a jury might well find they were, saying: "If Americans were forced to practice their faith under the conditions to which Ingram was subject, the Free Exercise Clause and the embodiment of its values in the Title VII protections against workplace religious prejudice would ring quite hollow." Today's Maryland Daily Record reports on the decision.

Egypt Bans Demonstrations In Places of Worship

According to Reuters, Egypt's Parliament on Wednesday passed a law prohibiting holding of protests in places of worship. Inciting, participating in or organizing such a protest is punishable by a fine and up to one year in jail. Parliament members from the Muslim Brotherhood-- that often uses mosques for protests-- voted against the bill. The government says the law is intended to protect the sanctity of places of worship. Minister of Religious Endowments Mahmoud Hamdi Zakzouk, urging passage of the bill, said some people were using mosques for protests every week after Friday prayers, inviting satellite TV news to film them in order to "promote political ideas that have no connection to religion." Coptic Christians have also sometimes staged protests in churches.

Indonesia Threatens To Block YouTube Access Over "Fitna"

Indonesia's Information Minister Mohammad Nuh told a press briefing in Jakarta yesterday that he has sent a letter to YouTube demanding that Dutch Politician Geert Wilder's controversial anti-Islamic video, Fitna, be removed. (See prior posting.) According to CNS News, if YouTube does not comply within two days, Indonesia says it will block access to the popular website. Indonesia is a former Dutch colony. Indonesia's president, Susilo Bambang Yudhoyono, has banned Wilders from entering the country, and the country's Prosperous Justice Party (PKS) has called for a boycott of Dutch goods until the Netherlands apologizes to the Islamic world.

New Macedonian Religion Law Threatens Serbian Orthodox Church

Forum 18 reported on Monday that Macedonia's new "Law on the Legal Status of a Church, Religious Community and a Religious Group," passed last September and scheduled to come into effect May 1, is designed to prevent the Serbian Orthodox Church from gaining legal status. The Serbian Orthodox Church has experienced ongoing problems in Macedonia. (See prior posting.) The new law is unclear on what unregistered churches may do. Its provisions may also adversely affect the Bektashi Muslim community, Seventh Day Adventists and various Baptist Churches. The law clearly maintains the legal status of the Macedonian Orthodox, Catholic and Methodist Churches , and of the Islamic and Jewish communities.

Pastor Settles Dispute With Feds Over Unauthorized Travel To Iraq

The AP reported yesterday that New Jersey peace activist, Rev. Frederick Boyle, has reached a settlement agreement with federal authorities. In 2003, Boyle traveled to Iraq in violation of the Iraqi Sanctions Regulations then in effect. He was assessed a fine of $6700 by the Office of Foreign Asset Control. Represented by the ACLU (press release), in 2005 Boyle filed suit (full text of complaint) challenging the OFAC's regulations as being violative of the First and Fifth Amendments, the Administrative Procedure Act, the Religious Freedom Restoration Act and international law. Under this week's settlement, Boyle will pay only a small part of the assessed fine (the exact amount was not disclosed), and the government will not to file criminal charges against him in connection with his trip. Commenting on the settlement, Boyle said: "I traveled into Iraq with a Christian peacemaker team. My purpose was to go there and pray with the people. I don't feel that there should have been any prosecution at all."

Woman Indicted For Damage From Anointing UCC Church As Protest

World Net Daily reported yesterday that felony criminal mischief charges have been filed in Elmira, New York, against Holly Somers for damage she caused to a United Church of Christ building by anointing various areas of the building with cooking oil. The incident at Elmira's Park Church grew out of a protest by a group of Christians in connection with a 2007 gay pride event in Elmira's Wisner Park, located next to the church. The United Church of Christ as a denomination has an LGBT Ministry and endorses same-sex marriages. Previously four others were fined for disorderly conduct growing out of their actions at the same gay pride event.

Israel Passes Organ Donation Law; Religious Controversy Remains

According to Haaretz, Israel's Knesset last week enacted the country's first law on organ donations. Among other things, it outlaws the brokering of sales of organs. Organ donation has been controversial in Israel because many Orthodox rabbis have insisted that cardiac death, rather than the earlier brain death, defines the end of life under Jewish law. The new bill, however, has garnered support from Sephardi rabbinical leaders and those from the National Religious movement. Under the new law, a committee made up of rabbis, doctors and ethicists will be created to set guidelines and authorize doctors who will certify brain death. While Sephardi leaders (represented by the Shas Party) agree that new technology permits brain death to be used as the measure of the end of life, the Ashkenazi United Torah Judaism party led by Rabbi Yosef Shalom Elyashiv objects. YNet News reported that in ultra-Orthodox areas of Jerusalem, large posters opposing the new law charged that declaring a person dead on the basis of brain death amounts to murder. The paper says the posters reflect the views of "two of the most prominent rabbis belonging to the Lithuanian non-Hasidic ultra-Orthodox Jewish community." [Thanks to Religion and State in Israel for the lead.]

EEOC Prevails In Religious Discrimination Claim Against Aldi's

In EEOC v. Aldi, 2008 U.S. Dist. LEXIS 25206 (WD PA, March 28, 2008), the Equal Employment Opportunity Commission brought suit in a Pennsylvania federal district court against Aldi, Inc. on behalf of former employee Kimberly Bloom who was fired from her position as a cashier after she refused for religious reasons to work on Sundays. Bloom describes herself as "a Christian, Protestant, and a Born Again Christian." Aldi had offered Bloom time off to attend religious services on Sunday, but Bloom insisted that her religious beliefs included spending all of Sunday with her family. It also offered her rotation and voluntary shift swapping. The court rejected Aldi's motion to dismiss, finding that the accommodations it offered were inadequate and that Aldi's failed to establish that reasonable accommodation would have resulted in undue hardship. The court found that genuine issues of fact remain as to Bloom's claims of retaliation and claims for punitive damages.

Developer Counterclaims For $10M Against Missouri Baptist Convention

Associated Baptist Press yesterday reported on the latest installment in a complex lawsuit between the Missouri Baptist Convention (MBC) and Missouri land developer William Jester. Windmere Baptist Conference Center is one of five institutions that broke away from MBC in 2000 and 2001. In a separate lawsuit, MBC is attempting to reassert control. (See prior posting.) MBC has filed suit against Jester’s Windermere Development Company to prevent it, pending the outcome of the separate lawsuit, from buying Windmere property as part of Windmere's debt restructuring and expansion plan. Now Jester has filed a counterclaim against MBC, alleging defamation and interference with business relationships. He says that he has lost $10 million in business because of MBC's actions warning prospective lenders against financing development of the property. Jester says inaccurate and unsubstantiated claims in MBC's in-house newsletter The Pathway impugned his business and financial capabilities.

Court Upholds Texas Sports League's Exclusion of Christian School

In Texas, a Christian school has lost its bid to become a member of the state's intescholastic league for public schools. Cornerstone Christian Schools applied for membership in University Interscholastic League (UIL) after the Texas Association of Private and Parochial Schools (TAPPS) refused in 2006 to renew its membership because of violations of the league's recruiting rules. In Cornerstone Christian Schools v. University Interscholastic League, (WD TX, April 1, 2008) [full text of opinion, Part 1, Part 2, Order], a Texas federal district court in a lengthy opinion upheld UIL's refusal to permit Cornerstone to apply for membership. As interpreted by UIL, its rules disqualified Christian Cornerstone once the school had been excluded from TAPPS for recruiting violations. The court agreed with UIL's interpretation of its rule, describing Cornerstone's attempt to read the rule otherwise as "semantically and ecclesiastically akin to how many angels can fit on the head of a pin."

The court's conclusion was signaled by its its initial description of Cornerstone's allegations: "Having successfully created an athletic powerhouse no longer welcomed by other Christian schools, Cornerstone incongruously invokes the power of the federal government to have its earthly desires accomplished."

Moving to plaintiffs' various constitutional assertions, the court held that only the parents and students who were plaintiffs, and not Cornerstone itself, had standing to raise the claims being asserted. The court went on to hold that UIL's membership rule is no more than a de minimis burden on plaintiffs' right to educate their child and on their free exercise of religion. The court also rejected an equal protection challenge to the rule, finding that it bears a rational relationship to the state's interest in reducing unfair competition in extracurricular activities. Yesterday's San Antonio Express News reported on the decision.

British Tribunal Considering Muslim Hair Stylist's Discrimination Claim

This Is London today reports on an interesting religious discmination case being heard by the Central London Employment Tribunal. Sarah Desrosiers runs Wedge, a hair salon that specializes in "an alternative form of hairdressing, which is ultra-modern and may be described as urban, edgy and funky." Derosiers wants her employees to wear the type of hair styles the salon offers. Now Derosiers is being sued by a Muslim woman, Bushra Noah, who was turned down for a stylist's position because she covers her hair with a headscarf for religious reasons. Desrosiers says she was not discriminating on racial or religious grounds; she would object to any kind of head covering worn by an employee.

High Schooler Sues To Challenge Art Project Limits

In Madison, Wisconsin, a Tomah High School senior (identified as A.P.) last Friday filed a federal lawsuit challenging a school policy that prohibits art class projects from depicting "violence, blood, sexual connotations, [or] religious beliefs." In an art class assignment involving drawing of a landscape, A.P. included a cross and the words "John 3:16 A sign of peace." Teacher Julie Millin, asked him to remove the Bible reference because other students were making remarks about it. When A.P. refused, she gave him a zero on the project, showing him the class policy. A.P. responded by tearing up the policy statement in front of the teacher. She ejected him from class and he later received two detentions for tearing up the policy. In a later incident, A.P.'s metals arts teacher rejected his idea to build a chain-mail cross because it was religious.

The complaint in A.P. v. Tomah Area School District, (WD WI, filed 3/28/2008), alleges that the school policy and its enforcement against A.P. violates A.P.'s First and 14th Amendment rights. It says that other artwork with religious themes are displayed throughout the school and argues that "per se censorship of religious speech in assignments does not represent a legitimate pedagogical interest." A release yesterday by the Alliance Defense Fund contains links to copies of A.P.' drawing and to drawings of demonic images created by other students in the class. Yesterday's Racine (WI) Journal Times reports on the case

German Court Says Muslim Student Must Have In-School Place For Prayer

Yesterday's Deutsche Welle reports that educators in Germany are hotly debating a March 10 decision by a Berlin administrative court which held that Diesterweg Upper School must provide a 14-year-old Muslim student with a place for his daily prayers. Relying on the protection of freedom of religion in Germany's Basic Law (Art. 4), the judge in expedited proceedings said that the prayers had to take place outside of class time, but space on school grounds needed to be made available. Judgments in expedited proceedings are temporary pending a full court hearing. No full hearing date has yet been scheduled. Educators opposed to the ruling say that it conflicts with German law that keep public institutions religiously neutral.

Death of Children After Prayer Alone Raises Homicide Prosecution Issues

Should parents who elect faith healing rather than traditional medical treatment for a child be criminally responsible if the child dies? That is the question posed in two recent cases. In Clackamas County, Oregon, parents Carl and Raylene Worthington have been indicted by a grand jury in the death of their 15-month old daughter last March. She suffered from bronchial pneumonia and a blood infection, both of which could have responded to antibiotics. Her parents, members of the Followers of Christ church, yesterday plead not guilty to charges of manslaughter and criminal mistreatment. Their religious beliefs prevented them from seeking out traditional medical care for their daughter. In 1999 Oregon changed its law, repealing the former religious exemptions from child abuse and homicide statutes. Yesterday's Oregonian and today's London Guardian report on the case.

Meanwhile Marathon County, Wisconsin, District Attorney Jill Falstad is deciding whether to file criminal charges against the parents of 11-year old Madeline Neumann who died from a diabetic reaction. Yesterday's Green Bay Press Gazette reports that her parents, Leilani and Dale Neumann, prayed for her recovery from a diabetic reaction rather than getting her medical help. Prosecution may be difficult because Wisconsin law specifically exempts from punishment parents who treat their children "through prayer alone in lieu of medical or surgical treatment." [Thanks to Rev. Jeanene Hammers for the lead to part of this posting.]

Facial Challenge By Christian High School To UC's Admissions Policy Rejected

Last week, a California federal district court handed down an initial decision in Association of Christian Schools International v. Stearns, (CD CA, March 28, 2008). In the case, Calvary Chapel Christian School, 5 of its students and an association of Christian schools challenged the admissions policy of the University of California on free speech, free exercise, establishment clause and equal protection grounds. Plaintiffs brought both facial and "as applied" challenges. At issue was UC's decision not to approve certain high school courses in science, social science and history offered by Christian schools. This precluded applicants for admission from using these to show their proficiency in various subject areas.

The court denied plaintiffs' motion for summary judgment, rejecting their claims that UC rejects courses solely because they are taught from a religious viewpoint. The court granted defendant's motion for partial summary judgment on plaintiff's facial challenges. This leaves for trial the "as applied" challenges, including questions of the reasonableness of UC's decisions to denial approval for specific religious school courses. The University's press release describes the court's holding in its 49-page opinion as follows:

UC moved for partial summary judgment on the basis that that its review policies and the position statements are constitutional exercises of the University’s right to evaluate the qualifications of applicants for admission. The Court agreed, holding that the University has a legitimate interest in evaluating the adequacy of high school courses to prepare students for study at UC; that its process for doing so is reasonable; that the University’s academic standards are also reasonable and do not discriminate against religion; that the position statements are a reasonable application of those academic standards; and that the University accommodates religious school students in various ways.

(See prior related posting.) [Thanks to Ed Brayton for the lead via Religionlaw listserv.]