Massachusetts High Court Says Nudity to Support Christmas Can Be Prosecuted

In Commonwealth v. Ora, (MA Sup. Jud. Ct., April 10, 2008), the Massachusetts Supreme Judicial Court permitted a prosecution for "open and gross lewdness and lascivious behavior" to proceed, reversing a trial court's holding that the law that bans public nudity is facially unconstitutional. The Massachusetts high court said: "Our decisional law has narrowed the application of G. L. c. 272, § 16, so that it does not impermissibly prohibit protected expressive conduct. We have held that the statute cannot be constitutionally applied to public displays of lewdness and nudity unless they are imposed upon an unsuspecting or unwilling audience.... and that conviction under the statute requires the display of nudity to be intentional, done in a manner to produce alarm or shock, and actually producing alarm or shock." The charge was brought against Ria Ora for dancing nude in Harvard Square as part of a June 25 annual protest against the commercialization of Christmas. A video of the oral arguments in the case as well as the briefs are available from the court's website. Friday's Boston Herald reports on the decision. [Thanks to Legal Blog Watch for the lead.]

Clinton and Obama Participate In Compassion Forum

Democratic presidential candidates Hillary Clinton and Barack Obama each answered extensive questions last night at the "Compassion Forum" held at Messiah College in Grantham, Pa. In separate segments of the Forum, broadcast live on CNN, each candidate was asked about personal religious beliefs and about a wide range of issues of interest to religious voters. Questions were posed by the moderators and by religious leaders in the audience. Republican presumptive nominee, Sen. John McCain, declined to participate in the Forum. CNN and the New York Times both report on the Forum. Real Clear Politics has posted the full transcript of the Clinton and Obama interviews.

Hawaii Court Permits Suit By Church Members To Proceed

In Baldonado v. Way of Salvation Church , (HI Inter. Ct. App., April 10, 2008), an Hawaii appellate court refused to apply the ecclesiastical abstention doctrine to a lawsuit by members of a congregational church. It held that civil courts can apply Hawaii's non-profit corporation law to claims of misuse of church assets and improper expulsion of plaintiffs as members. The controversy did not involve courts in the determination of church law or doctrine.

Recent Articles and Books of Interest

From SSRN:

• Rashida Manjoo, The Recognition of Muslim Personal Laws in South Africa: Implications of Women's Human Rights, (July 2007).


• Alexander Benard, The Advantage to Islam of Mosque-State Separation: What the American Founders Can Teach, (Policy Review, Vol. 8, No. 2, Spring 2008).


• Ilan Benshalom, The Dual Subsidy Theory of Charitable Deductions, (Indiana Law Journal, Vol. 84, April 7, 2007).


• Nantiya Ruan, The Justices Find Religion: Why the Supreme Court Ought to Expand Religious Accommodation Rights, (U. Denver Legal Studies Research Paper No. 08-11, April 7, 2008).


• William S. Brewbaker, Theory, Identity, Vocation: Three Models of Christian Legal Scholarship, (March 2008).


• Simon Critchley, The Catechism of the Citizen: Politics, Law and Religion in, after, with and Against Rousseau, (Law and Humanities, Vol. 1, No. 1, April 7, 2007).

From NELLCO:

• Ashlie Warnick, Accommodating Discrimination, (Yale Law School. Yale Law School Faculty Scholarship Series. Paper 17, April 1, 2008).

Recent Books:

• Abdullahi Ahmed An-Na‘im, Islam and the Secular State: Negotiating the Future of Shari`a, (Harvard University Press, March 2008).


• Michael Leo Owens, God and Government in the Ghetto: The Politics of Church-State Collaboration in Black America, (Univ. of Chicago Press, Fall 2007).


• Steven M.Tipton, Public Pulpits: Methodists and Mainline Churches in the Moral Argument of Public Life, (Univ. of Chicago Press, Fall 2007).


• John Witte, Jr., The Reformation of Rights-- Law, Religion and Human Rights in Early Modern Calvinism, (Cambridge Univ. Press, Feb. 2008).


• Thomas C. Berg, The Free Exercise of Religion Clause, (Prometheus Books, 2007). (Abstract from SSRN).

California City Will Vote to Change Motto To "In God We Trust"

While California held its presidential primary in February, it will have a primary election for other offices on June 3. (Background). Voters in the city of Porterville will vote on whether to change the city's official motto from "100 Years of the Good Life" to "In God We Trust". KFSN News reported last week that the city has already designed a new city flag displaying the motto. The new flag is on display in City Hall chambers. Residents appear split on the ballot proposal. [Thanks to Scott Mange for the lead.]

Wisconsin Village To Sell Religious Display To Private Group

Holmen, Wisconsin's Village Board seems to have found an response to a citizen's church-state complaint. A display of a cross and a star has been on Star Hill since 1960 when the city and the Lions Club shared the cost of construction. Five years ago the village bought Star Hill land, including the display, for a water reservoir. (See prior posting.) At its May meeting, the Village Board will vote on selling the part of the property housing the display at its $100 appraised value to the Lions Club in hope of ridding the village of the church-state conflict. Yesterday's Holmen Courrier says that after the sale, the site will be fenced to designate which land is privately owned. It is not clear whether the city will continue to pay the cost of electricity to light the cross during Lent each year.

Law and Religion Conference Transcripts Available Online

Emory University's Center for the Study of Law and Religion has made available online the full transcripts of 27 speakers at last October's conference titled "The Next 25 Years of Law and Religion". Video webcasts of ten of the presentations are also available. Conference keynoter, former Emory University President James T. Laney, said in part:

Law and religion have a relationship, as we all know, that go back to the beginning, to the mists of time.... Both deal with text, tradition, interpretation, authority, and behavior. Both have personal as well as institutional expressions. Both are tempted to consider themselves ultimate or paramount, and that is all the more reason why two should be in dialectal partnership. Most importantly, they both deal with the "should" of life.... How we should live. How society should run....

German Court Says Beret Banned For Teachers, Just Like Headscarves

According to an AP story last week, a court in the German state of North Rhine-Westphalia has ruled that a Muslim teacher is barred from wearing a beret in class, just as she is barred from wearing a headscarf. A regional law prohibits teachers from making religious statements that might infringe on state neutrality toward students and parents.

Community College Faces Suit Over Philosophy Prof's Requirement

According to World Net Daily on Friday, the American Center for Law and Justice is threatening a lawsuit against New York's Suffolk County Community College. In a demand letter, the ACLJ claims that a philosophy professor at the college requires students to acknowledge the possibility that God does not exist in order to participate in his course. A philosophy course is required for graduation. Gina DeLuca, a student who insisted on maintaining her Christian beliefs, says her grades on her coursework went down because of her insistence, and the prof labeled her "closed-minded." ACLJ says that while it is appropriate to require students to learn about various philosophers and their views, it is unconstitutional for a state school to require students to express agreement with views that conflict with their own.

"Winning The Peace" Course Prepares Cadets For Iraq-Afghan Deployments

Yesterday's Lower Hudson Journal News reports on the course titled "Winning the Peace" that West Point Army cadets have been taking for the past four years. Aimed at cadets likely to be deployed to Iraq or Afghanistan, the course is designed to teach them about different religions and cultures and to train them for community outreach and policing. The semester-long course features some 30 speakers on a variety of topics. It culminates in a 3-day trip to Jersey City, hosted by the Jersey City Police Department and the city's Islamic Center, during which cadets study cultural diversity firsthand. They sleep on the carpeted floor of a Jersey City mosque, and interact with religious and ethnic leaders. Examples are a Q&A with Coptic Orthodox priests and attending evening prayers at the mosque.

Frankenmuth, Michigan In Church-State Controversy

Another city, this time Frankenmuth, Michigan, finds itself in the midst of a church-state battle. After city resident Lloyd C. Clarke argued that they violate the Establishment Clause, Frankenmuth removed two 1-foot tall crosses from its Main Street bridge. Clarke is also considering challenging a cross that appears on Frankenmuth's city shield. That cross is part of a symbol of Lutheranism called the Luther Rose. (Saginaw News, Apr. 9). In response to all of this, three churches in the city have offered to make 1,000 3-foot wooden crosses for members to display at their homes and businesses. Clarke says he thinks that is completely appropriate. Another Frankenmuth group plans to sell shield pins with yellow ribbons that residents can wear. (Saginaw News, Apr. 11). Frankenmuth attracts over 2 million tourists annually to a year-round retail store, Bronner's Christmas Wonderland, that sells Christmas decorations and Christmas-themed items.

Faith-Based Prison Programs Are Controversial In Israel Too

Controversial faith-based prisoner rehabilitation programs apparently are not limited to the United States. Today's Haaretz reports on the large sums funneled by the government of Israel to religious revivalist groups that work to convince Israeli prisoners to adopt an observant Orthodox Jewish lifestyle. Israel Prison Services says they provide religious services to inmates, but do not engage in proselytizing. The opinion piece in Haaretz urges the government to end its funding of these programs.

Numerous Second Thoughts and Concerns About FLDS Raid Are Aired

A number of questions are being raised in the wake of the massive raid of an FLDS ranch in Eldorado, Texas. (See prior posting.) Yesterday's New York Times said that the raid is complicating matters for law enforcement officials in Utah and Arizona who had begun to reach out to FLDS groups in their states and to win the confidence of girls who were taken as under-age wives. Now those groups are pulling back as they wait to see how things play out in Texas.

Meanwhile, Michael Piccarreta, one of the attorneys for former FLDS leader Warren Jeffs, suggeted that the call from a 16-year old that triggered the YFZ Ranch raid may not have been authentic. Fox News reports that Piccarreta sugested the call was a ruse because Child Protective Services in Arizona recently got a similar report about a teenager supposedly in Colorado City, Arizona, and were unable to locate her just as Texas authorities have not located their caller.

News Busters yesterday carries the transcript of an interview with George Washington Law School Prof. Jonathan Turley on ABC's Good Morning America in which Turley questions the constitutionality of banning polygamy that does not involve child abuse.

This week's Texas Lawyer points out the difficulties in obtaining enough attorneys to serve as guardians and attorneys ad litem for each of the children taken from YFZ Ranch. It also discusses at length the difficulties guardians will face in connection with children who say they want to return to the FLDS ranch. How to balance a child's wishes against a his or her best interests is the kind of difficult problem that requires experienced counsel. Also, so long as the children remain in custody in Sleicher County, the only court with jurisdiction over them is the district court in that county. It has only one judge. However other judges in Tom Green County have agreed to take over her other cases so she can handle the FLDS hearings.

Finally, in one of the stranger twists, McClatchy Newspapers report that large sums may have been going to FLDS or its former leader Warren Jeffs from a Las Vegas, Nevada company, NewEra Manufacturing. In recent years New Era has recieved over $1.2 million in federal government contracts, largely small-business no-bid "sole source" Defense Department contracts for aircraft wheel and brake components. It also received a $900,000 loan from the Small Business Administration in 2005. Separately, JNJ Engineering, a company owned by FLDS leaders, received $11.3 million in contracts from the Las Vegas Valley Water District. Almost all the workers for the projects came from Hildale and Colorado City, Ariz. where most of the FLDS's 10,000 members live.

UPDATE: CBN News reported Sunday that state officials have enfced a court order to confiscate cell phones of the women and children removed from YFZ Ranch in order to prevent witness tampering. The order was granted at the request of attorneys ad litem for 18 of the girls. Meanwhile aletter from a number of mothers of hte children now in state custody asks Texas Governor Rick Perry to look into the conditions under which their children are being held.

Malaysian PM Wants Mandatory Family Notification of Conversion

Attempting to deal with the increasing number of conflicts over burial rights when a person who supposedly converted to Islam dies, Malaysian Prime Minister Abdullah Ahmad Badawi on Thursday proposed new legislation that would require any person converting to Islam to notify his or her family in writing. Saturday's Economic Times of India reports that the proposal is receiving widespread support. The opposition Democratic Action Party called for the government to also make it easier for those who previously converted to Islam to return to their original religious faith if they wish to do so. Currently such individuals must go to the Shariah Court to renounce Islam. Karpal Singh, head of the DAP, said that courts should also refuse to permit the unilateral conversion of children from a civil marriage. He urged that there be no change in the child's religion until the child reaches the age of majority.

NJ Judge Orders Halt To Jewish Services In Renovated Condo

In Toms River, New Jersey, according to APP, a state Superior Court judge on Friday ordered at least a temporary halt to to Orthodox Jewish prayer gatherings at a home that is part of a local condominium development. A Country Place filed suit in February against condo owner Anna Kahan, alleging that she violated the condo association rules by renovating without permission and using her unit for non-residential purposes. Kahan's attorney charges selective enforcement of the rules. Primarily elderly handicapped residents who cannot walk to another synagogue have been using the unit. The number of Orthodox Jews purchasing condo units in the development has been increasing. The judge ordered the halt so an engineer could inspect the renovations that had been done to see if a wall that had been removed supported other parts of the structure. Neighbors who object to the condo use say it violates the character of the neighborhood.

Norway Will End Evangelical Lutheran Church As State Religion

In Norway, in a compromise announced Thursday, the 7 political parties in the Stortinget (national parliament) have agreed to change the country's Constitution to eliminate the provision in Article 2 that reads: "The Evangelical-Lutheran religion shall remain the official religion of the State. The inhabitants professing it are bound to bring up their children in the same." Aftenposten yesterday reported that the paragraph will now instead read: "The basic values of our nation shall be our Christian and humanistic heritage." However elsewhere in the Constitution the Norwegian Lutheran Church will be designated as a "folk church", and the king will still be required to be a member of the Evangelical Lutheran faith. Instead of the government appointing bishops and deans that are nominated by the Church, under the reforms the Evangelical Lutheran Church will appoint them though they will still be state employees. Finally the Church of Norway will implement a "democratic reform" to give members more influence. The amendments need approval of two-thirds of Parliament and are expected to be approved in 2012. (See prior related posting.)

Discriminatory County Softball League Rules Changed

The Caroline County, Virginia Board of Supervisors on Tuesday said the county recreation department will change its rules governing participation in the county's softball league. Wednesday's Richmond Times-Dispatch reported that the move came after a complaint by Rich Lieberman, a Jewish resident of the county, who was told he could not sign up to play because he does not attend a church in the county. Caroline County has no synagogues. Recreation Department Director Donnell Howard said that the county never intended to exclude individuals because of their religion. Church affiliation was used as a way to organize teams and assure church funding-- rather than county funding-- for them. [Thanks to Scott Mange for the lead.]

House Resolution Welcomes Pope Benedict To U.S.

The U.S. House of Representatives on Wednesday passed H. Res. 838, welcoming Pope Benedict XVI on his first apostolic visit to the United States which begins next Tuesday. The resolution sets out many highlights of the Pope's life and religious career. Most of the events during the Pope's 6-day visit to New York and Washington will be streamed live (and then archived) at www.uspapalvisit.org.

Refusal To Photograph Lesbian Commitment Ceremony Held Discriminatory

In Willock v. Elane Photography, LLC, (NM Hum. Rts. Comm., April 9, 2008), the New Mexico Human Rights Commission held that a photography company violated the New Mexico Human Rights Act prohibition on sexual orientation discrimination when one of its husband and wife owners refused to to photograph a same-sex commitment ceremony. Sec. 28-1-7 of the Act prohibits any place of public accommodation from discriminating on the basis of sexual orientation by refusing to offer services. An Alliance Defense Fund release says that photographer Elaine Huguenin refused to provide photography services because Christian beliefs held by her and her husband are in conflict with the message communicated by the ceremony. The Commission awarded $6,637 in attorneys fees and costs to Vanessa Willock who filed the complaint. ADF says the ruling will be appealed. (See prior related posting.)

Another Affidavit Released In FLDS Search; Federal Agents Apparently Also Involved

More information has come out on the much-publicized raid of the FLDS Compound in Eldorado, Texas. (See prior posting.) The full text of the affidavit of a Texas Ranger that was filed to request a search warrant for the Temple on the FLDS premises has been released. (See prior related posting.) The Affidavit, dated April 6, sought a subsequent search warrant after authorities learned about the Temple while conducting a search of the YFZ Ranch under an initial narrower warrant.

Still unclear is a report in today's International Herald Tribune indicating that federal officials are involved in the search as well. This was revealed when lawyers for FLDS had asked a state court judge to prevent the Temple search, arguing that "Members of the religious denomination occupying the community consider it a desecration of one of their holiest sites for a non-member to enter their temple." State District Court Judge Barbara Walther, however, said that she had no authority to stop a federal search of the property. FLDS lawyer Gerald Goldstein had said in court that he was aware that federal agents were searching the ranch. The Herald Tribune article also gives more details on the actual search of the Temple. FLDS leaders refused to unlock the Temple or provide keys to it because this would be aiding in the desecration of their place of worship. After several less drastic means failed, authorities broke down the Temple's doors.

UPDATE: The AP on Friday published a profile of Gerald Goldstein (bio from law firm website) who is acting as counsel for the FLDS. Goldstein is a respected criminal defense lawyer and a past president of the National Association of Criminal Defense Lawyers. For 11 years he served as an adjunct professor at the University of Texas Law School and has served on the board of directors of the San Antonio Bar Association, among many other professional accomplishments.

UPDATE: The Houston Chronicle on Friday reported that Schleicher County Sheriff David Doran had been receiving information about the YFZ Ranch from an informant for four years. However it was not until a call from a 16-year old last week to a domestic violence hotline that law enforcement authorities felt they had sufficient cause to take action and the possibility of a cooperating witness.