Florida Considering An "I Believe" Specialty Plate

Florida's legislature is carrying the debate over specialty license plates to a new level. It is considering a bill that would authorize a number of new specialty plates, including one reading "I Believe" and featuring a Christian cross and a stained glass window. The AP reports that the added fee for the I Believe plate would benefit Faith in Teaching Inc., a non-profit that supports faith-based schools activities. The bill would also provide for an "In God We Trust" plate to benefit the children of deceased soldiers and law enforcement officers. Florida already offers over 100 specialty plates. If the "I Believe" plate is approved, it will be the first in any state that features a religious symbol (other than religious symbols in a college logo).

UPDATE: On April 29, the Florida legislature passed and sent to the governor S734 which provides for 4 new specialty license plates, including an "In God we Trust" plate. However the bill does not include the "I Believe" plate. Nevertheless, according to AP, now the South Carolina legislature is considering an "I Believe" specialty plate. It received key SC state senate approval on Tuesday.

Rep. Myrick Proposes Measures Against Radical Islam

Last week, U.S. Rep. Sue Myrick from North Carolina issued a release unveiling her 10-point "Wake Up America" agenda. As reported yesterday by World Net Daily, she is calling for a government investigation of all military and U.S. prison chaplains who were approved by Abdurahman Alamoudi when he headed the American Muslim Council. Myrick wants to know if any of the chaplains have ties to radical Islam. In 2004, Almoudi was sentenced to 23 years in prison in a terrorism financing case.

Myrick's Agenda also calls for the Internal Revenue Service to investigate the Council on American-Islamic Relations (CAIR). Among its other points, the Agenda proposes legislation to outlaw the preaching, publication, or distribution of materials calling for the death of American citizens or attacks on the United States Government or Armed Forces. It proposes restricting R-1/R-2 religious visas for imams who come from countries that do not allow reciprocal visits by non-Muslim clergy, and it presses for reform of Saudi text books. While Myrick is head of the Congressional Anti-Terrorism Caucus, these proposals are hers and not those of the Caucus. [Thanks to Alliance Alert for the lead.]

Jury Finds For Church In $3.7M RLUIPA Verdict

In Reaching Hearts International Inc. v. Prince George’s County, a Maryland federal court jury has awarded $3.7 million in damages to a Seventh Day Adventist congregation that was prevented by the county from building a church on land the congregation had purchased. Initially Prince George's County Council rejected the church's application for sewer and water changes, and when the church then decided to build a smaller structure that could be served by existing facilities the county adopted a new zoning ordinance precluding that plan as well. Yesterday's Maryland Daily Record reports that the suit alleged discrimination in violation of 42 USC Sec. 1983 and RLUIPA. However in September the court will still hear arguments on the county's defense that it had a compelling interest in taking the actions it did, and used the least restrictive means in accomplishing its objectives.

Bald Eagles Limit Florida Church's Expansion Plans

Tuesday's Lakewood Ranch (FL) Herald reports on an unusual land use problem faced by a Bradenton, Florida Catholic parish. Since 1999, the presence of nesting bald eagles on a 14-acre site that Our Lady of the Angels Catholic Church had acquired for a building has dictated the kind of development the rapidly-growing congregation can pursue. So far, it has kept its expansion within U.S. Fish and Wildlife Service guidelines that require a 330 foot buffer between buildings and nesting eagles, sometimes through the use of modular buildings. If the eagles ever leave, the church hopes to build a new sanctuary on the northeast quadrant of its land.

President Proclaims 2008 National Day of Prayer Amid Call for More Inclusiveness

On Tuesday, President Bush issued a Proclamation (full text) declaring May 1 to be the 2008 National Day of Prayer. Meanwhile, the website Jews on First has begun a campaign for an Inclusive National Day of Prayer, pointing to the fundamentalist Christian focus of the existing National Day of Prayer Task Force. (See prior posting.) On its web page devoted to the project, Jews on First calls on governors to either refrain from issuing Day of Prayer proclamations, or to issue proclamations that call for inclusive events. Last year's White House event for the day did have extensive Jewish, as well as Christian, participation. (See prior posting.)

Appellate Court Rejects Challenge To Religious References By Prosecutor

In State of Connecticut v. Johnson, (App. Ct. CT., April 22, 2008), a Connecticut state appellate court majority opinion rejected a convicted defendant's objections to religious references made by the prosecutor during closing argument at his trial. The references related to the religious piety of the complaining witness and her parents in the sexual assault case. Judge Berdon concurring in the result said that the remarks were improper, but defendant had failed to object to them at trial.

San Diego Agrees Church Can Feed the Poor Without a Permit

On Monday, a California federal district court issued an Order of Dismissal (full text) in Pacific Beach United Methodist Church v. City of San Diego, (SD CA, April 21, 2008). The San Diego Union-Tribune reports that the settlement allows plaintiff church to continue feeding the homeless in its building without obtaining a city permit. The settlement provides that the city will not cite the church for violations in connection with its "Wednesday Night Ministry activities, which include Plaintiffs’ religious practice of sharing common meals with the community and providing ministry, food and other care to the poor, the homeless and others in need in the community." The city will still be able to conduct inspections and enforce other laws applicable to the meal service. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Appeal Filed In Case of Wisconisn Pharmacist

On Wednesday, an appeal was filed with the Wisconsin Supreme Court in Noesen v. State of Wisconsin Dept. of Regulation & Licensing, according to a press release on Christian Newswire. In the case, a state appellate court rejected a pharmacist's religious arguments and upheld the state Pharmacy Examining Board’s decision reprimanding him for refusing to fill or transfer a customer's prescription for oral contraceptives. (See prior posting.)

Recent Articles Of Interest

From SSRN:

• Natasha Bakht, Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women, (Muslim World Journal of Human Rights, Vol. 1, No. 1, 2007).


• Jeremy J. Patrick, Not Dead, Just Sleeping: Canada's Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation, (April 17, 2008).


• Susan Benesch, Vile Crime or Inalienable Right: Defining Incitement to Genocide, (Virginia Journal of International Law, Vol. 48, No. 3, 2008).


• Carl H. Esbeck, Protestant Dissent and the Virginia Disestablishment, 1776-1786, (Georgetown Journal of Law & Public Policy, Vol. 7, No. 1, 2008).


• William S. Brewbaker, Book Review: Rediscovering the Natural Law in Reformed Theological Ethics - By Stephen J. Grabill, (Journal of Law and Religion, Vol. XXIII, No. 1, 2007-08).


• Carl H. Esbeck, Carl H., The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Service Programs, (Engage, Vol. 9, No. 2, June 2008).


• Linda C. McClain, Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative, (Loyola University Chicago Law Journal, Vol. 39, p. 361, 2008 ).

From SmartCILP:

• Slavoj Zizek, The Secret Clauses of the Liberal Utopia., 19 Law & Critique 1-18 (2008).

Moderate Italian Muslims To Form New Federation

In Italy, representatives of several Muslim groups have announced plans to create a Federation of Italian Islam to promote mosques that teach moderate Islam. Voice of America reported yesterday that the move was announced by outgoing Interior Minister Giuliano Amato who said the Federation, which will be legally recognized, will bring together Muslims who pledge allegiance to the Italian constitution and Italy's Charter of Values of Citizenship and Integration.

Recent Prisoner Free Excercise Cases

In Henderson v. Bettus, 2008 U.S. Dist. LEXIS 31091 (MD FL, March 31, 2008), a Florida federal district court permitted a Muslim inmate to move ahead with his claim that his free exercise rights were violated when he was refused access to his cell to pray at the proper time during Ramadan and was denied his available bag lunch at the designated time to break his religious fast.

In Poullard v. Federal Bureau of Prisons, 2008 U.S. Dist. LEXIS 16924 (D DC, March 6, 2008), a D.C. federal district court transferred to the Eastern District of Texas an inmate's claim that federal prison authorities in Texas disrespected his Ifa faith through various actions.

In Ware v. Garnett, 2008 U.S. Dist. LEXIS 30336 (SD IL, March 31, 2008), an Illinois federal district court adopted a magistrate's recommendations and dismissed claims by a Muslim inmate that he should receive a Halal diet and a Sunni prayer mat. It also rejected complaints that Muslim inmates were required to worship in small groups, that he was not permitted to wear religious head gear, and that he was not permitted to teach fellow inmates Arabic or preach in Arabic.

In Nelson v. Miller, 2008 U.S. Dist. LEXIS 30525 (SD IL, March 31, 2008), and Illinois federal magistrate judge dismissed a Catholic inmate's claims against an Illinois prison chaplain who refused to approve a vegan diet for him for Fridays after the chaplain determined that the Catholic faith did not require the inmate's adherence to the Rule of St. Benedict.

In Malik v. Clarke, 2008 U.S. Dist. LEXIS 31175 (WD WA, April 15, 2008), a Washington federal district court referred back to a magistrate a complaint by an inmate that he was allowed to use his Muslim name on mail only if hefirst used the name under which he was committed (followed by his new name).

In Sundown v. Texas Department of Criminal Justice, 2008 U.S. Dist. LEXIS 31508, (SD TX, April 16, 2008), a Texas federal district court rejected a complaint by five Native Americans seeking weekly religious classes and services.

Judge Seeks To Accommodate Prayer Sessions Of FLDS Mothers and Children

In San Angelo, Texas, state District Court Judge Barbara Walther has ruled that FLDS women and children being held at the San Angelo Coliseum can meet twice a day for prayers without being monitored by state workers. Yesterday's Salt Lake Tribune reports that despite pleas from the Church of Jesus Christ of Latter-day Saints-- the mainline Mormon church-- for the media to distinguish it from the polygamous FLDS sect, Judge Walther apparently views the relationship between the two groups differently. She asked asked Texas Child Protective Services (CPS) to find a member of the mainstream LDS Church or some other "appropriate religious person" to monitor prayer sessions of FLDS members in order to avoid state employees "making their service less sacred."

At the same time, Judge Walther refused to issue a temporary restraining order requiring that FLDS nursing mothers be allowed to stay with their children. Instead the judge left the matter to be worked out through informal negotiations between the mothers' attorneys and CPS which, as of now, plans to separate adult mothers from their children once the state finishes collecting DNA samples. In another development, CPS now says that the count of FLDS children in state custody is 437, not the originally reported 416.

Court Says Gideon Bible Distribution To 5th Graders Violated Establishment Clause

In Roe v. Tangipahoa Parish School Board, (ED LA, April 22, 2008), a Louisiana federal district court held that the distribution of Gideon Bibles to 5th grade students at a Louisiana public school violated the Establishment Clause. The court said:

Despite the principal's statement that the children did not have to take a Bible, by allowing the Gideons to set up immediately outside the principal’s office, the School Board "created the impression in young, impressionable minds that 'the school endorsed a particular belief: Christianity.'" ... Therefore, this Court determines that the distribution of Bibles was ultimately coercive...; that distribution of Bibles is a religious activity without a secular purpose... and that distribution by the Gideons amounted to promotion of Christianity by the School Board....

The Advocate yesterday reported on the court's decision. (See prior related posting.)

Israel High Court Gives Citizenship To Messianics-- Does Not Recognize Them As Jews

Yesterday's Jerusalem Post reports on a ruling handed down last week by Israel's High Court of Justice which is apparently being misreported in some Christian media. In the case, the High Court agreed to remove a pending petition without making a ruling after the petitioners, twelve Messianic Jews, and the Interior Ministry agreed that the Messianics would be granted automatic citizenship under the Law of Return, as amended. The Court's ruling is set out (apparently in full) by Christianity Today. The decision, however, does not recognize the Messianics as Jews, nor does it grant them equal status with Jews.

Two notions underlie the High Court's disposition of the case. First,the Law of Return as amended in 1970 applies not just to Jews, but also to non-Jewish children and grandchildren of Jews, except for a person who has been a Jew and has voluntarily changed his religion. A Jew is defined as the child of a Jewish mother or someone who has converted to Judaism. The child of a Jewish father and a non-Jewish mother is not Jewish, and that person's embrace of another religion does not make him or her a convert who is ineligible for citizenship under the Law of Return.

The 12 Messianics involved in last week's case were children of Jewish fathers, not of Jewish mothers. Therefore the decision is not inconsistent with the Beresford case handed down 15 years ago in which the High Court held that Messianic Jews whose mothers were Jewish (and thus who were originally recognized as Jewish) are not entitled to citizenship under the Law of Return because they were Jews who had voluntarily converted.

India's Supreme Court Rejects Bid For Pilgrimage Funding For Non-Muslims

India's Supreme Court on Monday dismissed a petition seeking to have it order the government to fund pilgrims of Hindu, Jain and Buddhist faiths to visit places of worship in China, Pakistan, Bangladesh, Sri Lanka and Nepal to the same extent as the government funds Muslim Haj pilgrims. According to The Hindu, a 3-judge panel said the matter should be pursued by petitioning the government, not through litigation. The public interest litigation petition that had been filed with the court alleged that thew differential funding amounted to religious discrimination that violates Art. 15 of India's Constitution.

8th Circuit Hears Arguments In Sacramental Marijuana Case

Last Friday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Olsen v. Mukasey. A recording of the full oral argument is available online. The Rutherford Institute, which is assisting Olsen in his appeal, describes the case. At issue is whether marijuana use by Carl Olsen, a member of the Ethiopian Zion Coptic Church (EZCC), is protected by the Religious Freedom Restoration Act. The court below held that Olsen's claim was barred by collateral estoppel because of litigation in the 1980's and '90's in which Olsen was involved. However Olsen argues that intervening precedent precludes application of collateral estoppel. Many of the documents in the appeal, including briefs, are available on the EZCC website.

Afghanistan Orders TV Networks To End Indian Soap Operas

According to yesterday's New York Times, Afghanistan's Minister for Information and Culture has ordered television networks to stop broadcasting five popular Indian soap operas. In consultation with the Council of Clerics, the government decided that the soaps are inconsistent with Afghan religion and culture. Yesterday's International Herald Tribune says that only two networks have complied, and that the others face possible legal action. (See prior related posting.)

Court Dismisses Claim Against US Over Local School Practices

Not surprisingly, a Connecticut federal district court has dismissed a somewhat incoherent lawsuit brought by a pro se plaintiff against the United States and the U.S. Supreme Court. In Edwards v. United States, 2008 U.S. Dist. LEXIS 32449 (D CT, April 21, 2008), plaintiff alleged that the United States infringed free expression and free exercise provisions by preventing volunteers and teachers from expressing Judaeo-Christian religious beliefs and sharing biblical teachings in the nation's public schools, while permitting presentation of "unsafe" and "destructive" beliefs of other cultures in the schools. Her complaint sets out examples relating to a school in Trumbull, Connecticut which her children attend. The court held that the U.S. has not waived its sovereign immunity as to this claim and that plaintiff lacked standing because the actions of the local school officials involved cannot be traced to the United States.

CRS Issues Report On Churches and Political Campaign Activity

The Congressional Research Service recently released a study titled Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, (April 14, 2008). The 15-page report reviews campaign restrictions imposed on churches by the Internal Revenue Code and the Federal Election Campaign Act, discusses the IRS Political Activity Compliance Initiative and analyzes H.R. 2275 which would repeal the Internal Revenue Code restriction on political activity by non-profits. [Thanks to Steven H. Sholk for the lead.]

Court Rejects Challenge To "In God We Trust" License Plates

A Marion, Indiana state court judge last week dismissed a lawsuit filed by the ACLU seeking to require the Indiana Bureau of Motor Vehicles to treat the "In God We Trust" license plates it issues as "special group recognition" plates that carry an additional $15 administrative fee. UPI reports on the decision by Marion Superior Court Judge Gary Miller who ruled that the 1.6 million plates carrying the motto were made with the same process used to mass-produce the standard Indiana license plates. Therefore no special handling fees needed to be charged. The lawsuit had argued that waiver of the fee amounts to promotion of the religious-themed plate by the state. (See prior related posting.)