Interior Ministry Releases New Study of Muslims In Germany

Germany's Federal Ministry of the Interior has released a new study titled Muslime in Deutschland (Muslims In Germany). The English language summary of the 509 page study concludes:

[T]he great significance of religion for all Muslims in Germany is striking, as well as the high percentage of those who confess their religion in theory and practice. Fundamentalist religious orientations, however, are not synonymous with distance to democracy, and distance to democracy is not automatically a sign of the willingness to commit violence; other factors must be added here. It is, however, certainly the case that the seed of radicalism can be sown more easily in this ground of the basically aloof view of the Western way of life and society, a view that can change into extremism against the background of personally experienced marginalization or the sense of the worldwide oppression of Muslims. For this reason, the potential for danger is considerably greater than the modest membership figures in the known Islamic-extremist associations might suggest.

In Unusual Reversal, 6th Circuit Finds No Standing In High School Speech Code Case

Yesterday in Morrison v. Board of Education of Boyd County, (6th Cir., April 9, 2008), a 3-judge panel reversed itelf, issuing an amended opinion in a case it originally decided last October. (See prior posting.) In an unusual move, the panel decided to reconsider its prior ruling after defendants petitioned for an en banc rehearing. Also unusual, the deciding vote in granting the rehearing and changing the result was that of a district court judge sitting by designation on the Court of Appeals.

The case involved a challenge by a Christian high school student and his parents to the Boyd County (KY) High School's anti-harassment/ discrimination policy. Plaintiffs alleged that the speech codes in effect during the 2004-05 school year (and later changed) prevented Christian students from expressing their views that homosexuality is sinful, and that the speech codes and related anti-harassment training undermined students’ ability to practice their Christian faith. The majority, adopting the reasoning of the dissent in the original decision, held that since all that is at issue is nominal damages for a policy no longer in existence, plaintiffs lack standing. It concluded: "This case should be over. Allowing it to proceed to determine the constitutionality of an abandoned policy—in the hope of awarding the plaintiff a single dollar—vindicates no interest and trivializes the important business of the federal courts."

Judge Moore dissenting reiterated the position taken in her former majority opinion. She argued that plaintiffs have standing and that their claim is not moot. She would remand the case for a determination of whether the school's policy would have had a chilling effect on a "person of ordinary firmness."

The AP yesterday reported on the decision, noting that both the ACLU and the Alliance Defense Fund had supported plaintiff in the case.

Ohio Episcopal Diocese Sues Break-Away Churches Over Title To Church Property

In another of the many battles between the Episcopal Church and break-away congregations, the Episcopal Diocese of Ohio has filed suit in Cuyahoga County Common Pleas Court seeking a ruling that the parent Episcopal Church holds title to the properties of 5 dissident parishes. Yesterday's Cleveland Plain Dealer, reporting on the litigation, said that the parishes broke away in protest over the election of a gay bishop and other doctrinal matters.

Russia Plans To Draft Priests Into Military

The Russian News and Information Agency reports today that Russian Orthodox Church officials are concerned about a new law that came into effect this year which cancelled draft deferments for clergymen, seminary students, conscientious objectors and certain others. The government plans to draft 100 clergy this year. The Church's Canon law prohibits clergymen from entering military service other than as chaplains. They need to be technically defrocked in order to serve as soldiers. The armed forces however see the new law as a way to offset declining numbers in the military.

Delaware Prison Says No Bible Reading On The Job

Yesterday's Wilmington (DE) News Journal reports that a kitchen manager at the state's Webb Correctional Facility says his supervisor ordered him to remove the Bible he keeps on his desk and not to bring it back. Elizabeth Neal, acting warden at Webb, said the issue is employees' reading while on duty-- whether it is the Bible or anything else. Correction Commissioner Carl Danberg said the order mailed to employee William Parker by Food Service Director Emanuel Walker was "inartfully worded". Danberg promised that it "will be rescinded and modified and reissued to make it clear that the issue is not the content of the reading material, but the behavior."

Clergyman Debates Australian Justice Over Homosexuality

Today's Sydney Morning Herald reports on an unusual public exchange of recriminations between Reverend Richard Lane of Sydney's St. Stephen's Church and Australia High Court Justice Michael Kirby. In an ABC Radio interview last year, Kirby said that the Anglican and Catholic archbishops had made it difficult for people to adopt a more tolerant attitude toward gays. In a letter to Kirby, Rev. Lane denounced him for calling himself a Christian Anglican while living in an openly gay relationship . He warned him that he faces God's judgment, and encouraged him to open himself to "God's healing of homosexuality." Writing in reply, Justice Kirby said that Lane's biblical interpretation in not a universal one, and that the biblical quotations Lane used were unreliable mid-19th century translations.

Oklahoma Religious Freedom Act Trumps Tort Claims Act

In Shrum v. City of Coweta, 2008 U.S. Dist. LEXIS 27930 (ED OK, March 28, 2008), an Oklahoma federal district court held that the Oklahoma Religious Freedom Act authorizes a religious discrimination claim against Coweta, Oklahoma's police chief in his indivdual capacity. The court held that the provision in the Oklahoma Governmental Tort Claims Act (O.S. Sec. 51-153) that precludes tort suits against individuals acting within the scope of their employment does not preclude a discrimination claim under the Religious Freedom Act. (See prior related posting.)

Excluding Juror Because of Clergy Spouse Held Proper

In Green v. Prosper, 2008 U.S. Dist. LEXIS 18358 (CD CA, Feb. 28, 2008), a California federal district judge in a brief opinion adopted the report and recommendation of a federal magistrate judge denying a habeas corpus petition by a convicted felon who had unsuccessfully challenged his robbery conviction in state court. Defendant Demetrious Green claimed that the prosecution had improperly used one of its peremptory challenges to exclude the wife of a clergyman as a juror. The magistrate's opinion (2007 U.S. Dist. LEXIS 96738) concluded that this did not amount to improper religious discrimination, saying: "the occupation of the potential juror's husband as a member of the clergy does not implicate the potential juror's religious beliefs and it is a credible non-racial basis to exercise a peremptory challenge."

British Christian Group To Sue Google Over Rejection of Online Ad

In Britain, the Christian Institute plans to file suit against Google challenging its refusal to sell the Institute a pay-per-click ad (text of proposed ad) that would be triggered by a Google search for the word "abortion". Yesterday Life Site News and a Christian Institute press release both reported details. The Google affiliate AdWords rejected the ad, telling the Institute: "Google policy does not permit the advertisement of websites that contain 'abortion and religion-related content'". (Full text of e-mail rejecting ad.) In its demand letter to Google, the Institute alleges that the refusal violates Britain's Equality Act 2006 which prohibits discrimination based on religious belief in the provision of goods and services.

Appeal Filed In Santeria Sacrifice Case

The Becket Fund for Religious Liberty, representing Santeria priest Jose Merced (press release), yesterday filed an appeal with the U.S. 5th Circuit Court of Appeals in Merced v. City of Euless. (See prior postings 1, 2.) In the case, a Texas federal district court upheld a decision by the the City of Euless to deny Merced a permit to sacrifice a goat. The animal slaughter was to be part of a Santeria religious ceremony. Today's Houston Chronicle covers the story.

Affidavit In FLDS Child-Custody Proceedings Released By Court

Media stories yesterday and today (New York Times, Fort Worth Star-Telegram ) gave wide coverage to an affidavit (full text) filed in Sleicher County, Texas District Court in which an investigative supervisor for the Texas Department of Family and Protective Services describes the phone calls by a 16-year old inside the FLDS ranch near San Angelo, Texas that led to the much publicized raid on the compound. While the affidavit describes the facts that were presented last week to the court to obtain a search warrant, this affidavit is the one filed in order to obtain a court order for temporary custody of the 416 children who have been removed from the site, pending an April 17 hearing. (San Angelo Standard-Times). The affidavit, dated April 6, also briefly describes interviews with children by authorities after they entered the YFZ Ranch. (See prior related posting.)

UPDATE: Today's Salt Lake Tribune reports that officials are asking the court to order genetic testing to proveparentage of the 419 children from YFZ Ranch now in state custody. They want parents to pay retroactive support for the children.

FLDS Church Is Challenging Search Warrant; Wants Searh of Temple Banned

Attorneys for the FLDS Church have filed papers challenging the continuing execution of the search warrant at the group's YFZ Ranch near San Angelo, Texas. Some 401 children have been removed from the ranch and placed into temporary state custody. (See prior posting.) Today's Deseret Morning News reports that 12 attorneys have been hired to represent the Church in a hearing scheduled for tomorrow afternoon. The Church argues that the search is illegal because authorities had insufficient "probable cause" for the search warrant that was issued. Attorneys particularly argue that irreparable injury would be caused by any search of the FLDS temple at the ranch. They contend: "The temple is one of the holiest sites in the community to the religious denomination living there. Members ... consider it a desecration of one of their holiest sites for a non-member to enter the temple. Similar to the concept of unringing a bell, how would law enforcement propose to undesecrate the temple in a community should the search later be found to have been illegal?"

Scientology Demands Its Confidential Documents Be Removed From Wikileak

A law firm representing the Church of Scientology has demanded that the website Wikileaks remove the full unedited version of the Church of Scientology's Operating Thetan (OT) documents that it has posted online. M-Net today reports that this 612-page "bible" of Scientology-- titled The Technical Bulletins of Dianetics and Scientology-- is normally restricted to top-ranking Scientology members. Wikileaks says it will release more Scientology documents next week. An e-mail demand letter (full text) from the Los Angeles law firm of Moxon & Kobrin says that Wikileaks is violating the Church's copyright in posting OT, which the letter describes as "confidential Advanced Technology of the Scientology religion." Wikileaks is set up to permit individuals to anonymously post confidential documents in an untraceable manner. It press release in response to the demand letter says it will not comply with the "legally abusive" request.

Japan Mayor Hit With Monetary Penalty For Church-State Violation

In Japan, an appellate court, the Kanazawa branch of the Nagoya High Court, has ruled that Hakusan Mayor Mitsuo Kado violated Japan's constitution when in 2005 he attended a ceremony at the Shirayama Hime Shrine and delivered a congratulatory speech. The court wrote: "The defendant's congratulatory speech is of a religious nature, and constitutes a religious activity (by a government official) banned by Article 20 of the Constitution." Today's Mainichi Daily News reports that the court ordered the mayor to return to the city the 2000 yen in city funds that had been paid to the driver who transported Kado to the shrine ceremony.

Posting of Bonds and Liens Ordered In Westboro Funeral Picketing Appeal

The Baltimore Sun last week reported that a Maryland federal district judge has ordered two leaders of the Kansas-based Westboro Baptist Church to post bond in order to proceed with their appeal of a $5 million judgment issued against them in February. (See prior posting). The church and its leaders, particularly known for their activities protesting U.S. permissiveness toward gays and lesbians, were sued over their picketing of the funeral of Marine Lance Cpl. Matthew Snyder and related website postings. The defendants, daughters of the Church's founder, were ordered to post bonds of $100,000 and $125,000 respectively. The court also placed a lien on the properties of the church and its founder, Fred W. Phelps Sr., to protect the assets so plaintiffs can ultimately execute judgment against them if they prevail on appeal.

India's High Court Permits Churches To Aid Christian Victims In Orissa

As previously reported, last December six Christian churches in the Indian state of Orissa were attacked and burned by Hindu extremists. Homes were also destroyed. Yesterday's Calcutta Telegraph reports on subsequent developments. In January, after the rioting and arson, Orissa's district collector ruled that no charitable or religious organization could carry out relief work in the area, arguing that relief groups would create further tension by focusing their aid only on a particular community. The Orissa High Court refused to intervene, so the archbishop of Cuttack-Bhubaneswar, Raphael Cheenath, appealed to India's Supreme Court. Yesterday in Cheenath v. Union of India & Ors., the Supreme Court overturned the ban so church groups can now assist Christian victims of the rioting and arson.

Recent Prisoner Free Exercise Litigation and Decisions

In Haymes v. Nardolillo, 2008 U.S. Dist. LEXIS 25822 (ED PA, March 31, 2008), a Pennsylvania federal district court dismissed a Muslim inmate's free exercise claim. The court upheld prison officials' refusal to permit plaintiff to attend prayer services and their refuseal to appoint an Islamic chaplain to lead prayers and services.

In Coleman v. Granholm, 2008 U.S. Dist. LEXIS 26335 (ED MI, April 2, 2008), a Michigan federal district judge, agreeing with a magistrate's recommendation and report, concluded that prison restrictions on inmates with respect to radios, tape players, and television programs did not imposed a substantial burden on plaintiffs' exercise of their religious beliefs.

In Toler v. Leopold, 2008 U.S. Dist. LEXIS 27121 (ED MO, April 3, 2008), a Missouri federal district court ruled in favor of an inmate's claim that denial of a kosher diet violated his rights under RLUIPA and the First Amendment.

In Abdulhaseeb v. Calbone, 2008 U.S. Dist. LEXIS 26815 (WD OK, April 2, 2008), an Oklahoma federal district court dismissed a Muslim prisoner's claims against various defendants. Plaintiff argued that a substantial burden had been placed on his free exercise rights by failing to provide a full-time orthodox Muslim spiritual leader, refusing to permit him to attend Muslim religious services while publicizing Christian services, and by failing to provide him with Halal food.

Wolff v. New Hampshire Department of Corrections, 2008 U.S. Dist. LEXIS 26889 (D NH, April 2, 2008) involved a prisoner's claim that a substantial burden was placed on his religious freedom by serving him kosher meals that he is unable to eat for medical reasons. The court held, however, that plaintiff had not established a causal link between his claims of illness and the prison's kosher meals.

The AP reports that last Thursday the ACLU filed suit in a Wyoming federal district court alleging that the free exercise rights of two Muslim inmates were violated by a prison rule that requires inmates to eat their meals within 20 minutes after the food is delivered to a cell or common dining area. The rule sometimes forces inmates to choose between finishing their prayers or eating. It also precludes them from holding their food until the end of a religious fast day.

The Rutland (VT) Herald reported last week that Vermont's Corrections Department has agreed to pay $25,000 to settle a lawsuit brought by Gordon Bock, a Jewish former inmate, who said that while in prison he was denied matzoh at Passover and was prevented from observing other Jewish holidays. (See prior related posting.) The Department has recently drafted new rules on religious accommodation.

Canadian Study Says Get Court Review of Polygamy Ban Before Prosecutions

Echoing a 2007 report by a special prosecutor, yesterday Vancouver lawyer Leonard Doust recommended to the Attorney General of the Canadian province of British Columbia that before prosecuting members of the polygamist FLDS colony in Bountiful, B.C., the government should ask the B.C. Court of Appeal to decide whether Canada's criminal laws against polygamy are constitutional. Doust's study ordered last September (see prior posting) concludes that a reference to the B.C. courts would eventually be heard by Canada's Supreme Court and would give clear notice to FLDS members in Bountiful that their conduct is prohibited. Reporting on these developments, the Canadian Press yesterday said B.C. Attorney General Wally Oppal prefers to bring polygamy charges and let defendants raise constitutional religious freedom concerns in their defenses. However he conceded that contrary recommendations now by two respected special prosecutors warrant serious consideration. The new report suggesting a strategy that would delay prosecution comes just as a high profile raid on an FLDS compound was being carried out in the United States. (See prior posting.)

Florida Church Said To Have Violated IRS Campaign Limits

Melissa Rogers on Saturday gave extensive coverage to charges that Tampa Bay, Florida's largest church, known as "Without Walls" , may have violated tax code limits on non-profits by directing its staff members to make political contributions to Gov. Charlie Crist's campaign two years ago. The church is one of the six from whom Sen. Charles Grassley has requested information in his high profile investigation into spending by "prosperity gospel" televangelists. (See prior posting.)

Legal Background For Police Raid of FLDS Texas Ranch

Since Thursday, police authorities have removed 159 children and 60 adults from the YFZ Ranch in Eldorado, Texas. The ranch is home to as many as 400 members of the polygamous sect, the Fundamentalist Church of Jesus Christ of Latter Day Saints, formerly led by Warren Jeffs. (CNN)

The legal background for the raid is outlined in a story published yesterday by the San Angelo (TX) Standard-Times. On March 29 and 30, Texas police authorities received a call from inside the ranch by a 16-year old girl who said she is married to-- and has an 8 month old child by-- Dale Barlow who has previously been convicted of conspiracy to commit sexual contact with a minor. In response, on Thursday afternoon police obtained a warrant from state District Judge Barbara Walther ordering the arrest of Dale Barlow, and authorizing seizure of any records or documents on the marriage of Barlow to the 16-year-old and the resulting birth of their child. It also orders the seizure of computer equipment, hard drives and data storage equipment, DVDs, videotapes and photographs. (San Angelo Standard Times).

Once inside the compound, authorities used evidence of past or imminent abuse or neglect to remove children and women. (Deseret Morning News.). On Friday Judge Walther issued another order-- this time a gag order to prevent further information about the investigation being released. (Ft. Worth Star Telegram). Judge Walther also issued an order directing officials to bring all children, including boys under age 18, out of the compound. (Salt Lake Tribune).

UPDATE: News stories Monday evening in the Houston Chronicle and the San Angelo Standard Times report on new legal moves. 401 children have now been removed by Texas' Child Protective Services that cites allegations of abuse and risk of harm. The court has awarded CPS temporary custody of the children. A guardian ad litem and an attorney ad litem will be appointed for each child to represent his or her interests. 133 women have voluntarily joined the children. District Judge Barbara Walther has decided that emergency 24-hour hearings are unnecessary and the cases will instead move into adversarial "14 day hearings". The statutory provisions governing procedures for removing children from their home to protect their health and safety are found in the Texas Family Code, Chap. 262.