Former Library Employee Brings Free Exercise Suit Over Harry Potter Event

In Cape Girardeau, Missouri yesterday, the ACLU filed suit on behalf of library-assistant Deborah Smith who was suspended for ten days without pay after she refused to work at an event that she said violated her religious beliefs. After she returned, her duties were made more labor intensive. This led her to resign for medical reasons. St. Louis Today reports that Smith refused to take part in a July 2007 event at the Poplar Bluff Public Library that was held to mark the release of the book "Harry Potter and the Deathly Hallows." Library employees were expected to dress as witches and wizards at the event. Smith, a Southern Baptist, believes that the Harry Potter books popularize witchcraft and practice of the occult. Smith's federal lawsuit-- filed after the EEOC and the Missouri Commission on Human Rights upheld her right to sue-- claims that the library's action against her violated her right to the free exercise of religion.

Philadelphia Boy Scouts Sue To Keep Free Space

In Philadelphia, the Cradle of Liberty Council of the Boy Scouts has sued the city in an attempt to remain in their city-owned headquarters without paying market-rate rents. For the last 80 years, the Boy Scouts have leased a building from the city for $1 per year. However Philadelphia's 1982 Fair Practices Ordinance bars the city from supporting groups, like the Boy Scouts, that discriminate, and the city had ordered the Scouts to pay $200,000 per year beginning June 1. The Scouts, under their national policy, exclude openly gay boys from membership. They also ban atheists from membership. The Washington Post and Philadelphia Inquirer report that the scouts federal lawsuit filed last Friday claims that the city leases space for nominal rent to around 100 other groups with restrictive membership criteria, including the Roman Catholic Church of the Maternity of the Blessed Virgin Mary and Zion Baptist Church. [Thanks to Bob Ritter for the lead.] [Updated]

Christian School Loses Non-Profit Status

BNA's Daily Report for Executives [subscription required] reports that the IRS has revoked the non-profit tax eligibility of Heritage Christian Schools for Children, Stone Mountain, Ga. The determination made public in IRS Announcement 2008-49 [BNA subscription required] is scheduled for publication today in Internal Revenue Bulletin 2008-21.

Church Challenges Anchorage, Alaska Zoning Rules

In Anchorage, Alaska last week, the Rabbit Creek Community Church filed a federal lawsuit against the city charging that the city's land use code discriminates against religious groups. KTUU News reported yesterday that under the city's zoning laws, only churches are required to obtain additional review and approval before building in or near a residential neighborhood. For years, the city has refused to allow Rabbit Creek Community Church to expand its present building, citing safety, drainage, water and buffering issues.

Indian Artist Cleared of Charges From Painting of Nude Goddess

In India earlier this month, a 92-year old artist, Maqbool Fida Husain, was cleared of charges that his painting Bharat Mata (Mother India) is obscene and hurts public sentiments. The painting depicts the Hindu goddess as a nude woman. Both the London Times and the Times of India reported on May 9 on quashing of the indictments in three cases. Complaints against Husain, who is sometimes known as the Picasso of India, were filed by right wing Hindu groups. In a strongly worded opinion, Delhi High Court Justice Sanjay Kishan Kaul said: "A painter has his own perspective of looking at things, and it cannot be the basis of initiating criminal proceedings.... It is most unfortunate that India's new puritanism is being carried out in the name of cultural purity and that a host of ignorant people are vandalising art and pushing us towards a pre-Renaissance era." Husain moved to Dubai in 2006 after Hindu activists focused on his art work.

Catholic School Wins Temporary Injunction Against New Zoning Restrictions

In Notre Dame Academy, Inc. v. City of Suwanee, Georgia, (Super. Ct., Gwinett Co. GA, May 23, 2008), a Georgia state trial court issued a temporary injunction prohibiting the city of Suwanee, Georgia from enforcing its moratorium on accepting building or development permits. It also barred the city from adopting new special use permit requirements that had been proposed. The court found that the moratorium and proposed permit requirement infringe the religious exercise rights of Notre Dame Academy, a Catholic elementary school that intends to purchase land to relocate its school to Suwanee. Imposing the moratorium on the religious school, the court said, would violate several provisions of the Religious Land Use and Institutionalized Persons Act. Alliance Defense fund issued a press release on Friday discussing the decision.

Italian Museum Under Pressure For Display of Kipppenberger's Crucified Frog

In Italy, according to ANSA yesterday, politicians as well as clerics are calling for Museion, a modern art museum in Bolzano, to remove its display of a sculpture by late German artist Martin Kippenberger. The statue, part of Kippenberger's "Fred the Frog" series, is a pop-eyed frog crucified on a cross holding a mug of beer. Bolzano Province President Luis Durnwalder called the statue ''an offense'' said it should be removed from display while further discussion over what to do with it takes place. He said that the area population, which is overwhelmingly Catholic, may find the piece to be a ''provocation.'' Local bishop Wilhelm Egger says the display has hurt the religious feelings of museum visitors. Cath News carries a photo of the offending sculpture.

Recent Scholarly Articles on Church-State, Law and Religion

From SSRN:

• Robert C. Blitt, How to Entrench a De Facto State Church in Russia: A Guide in Progress, (2008).


• Ali Ali Kahn, The Immutability of Divine Texts, (Brigham Young University Law Review, Forthcoming).


• Samuel Wolfe Calhoun, May the President Appropriately Invoke God? Evaluating the Embryonic Stem-Cell Vetoes, (Rutgers Journal of Law and Religion, Forthcoming).


• Kristi L. Bowman, Public School Students' Religious Speech and Viewpoint Discrimination, (West Virginia Law Review, Vol. 110, No. 1, 2007).


• Andy G. Olree, The Continuing Threshold Test for Free Exercise Claims, (William & Mary Bill of Rights Journal, Forthcoming, 2008).


• Keith S. Blair, Praying for a Tax Break: Churches, Political Speech and the Loss of Section 501(C)(3) Tax Exempt Status, (Denver University Law Review, Forthcoming).

Israeli Conversion Authority and Religious Courts Are In Disarray

In Israel last week, the Prime Minister's Office announced that at the end of June it would not renew the employment contract of 75-year old Rabbi Haim Druckman, head of the State Conversion Authority. Last Thursday's Jerusalem Post reported that the government said the reason for its action was Druckman's advanced age. Normal civil service retirement age is 67. However Druckman says the move is in response to pressure from the ultra-Orthodox haredi rabbis who control the High Rabbinical Court. Earlier this month, that Court issued a controversial ruling tht called into question thousands of conversions previously performed by Druckman, or overseen by him. (See prior posting.) [Thanks to Religion and State In Israel for the lead.]


Meanwhile, Haaretz reported last week that a comptroller's review of the speed and quality of judicial proceedings in Rabbinic courts in Tel Aviv and Petah Tikva during 2007 found significant problems. Hearings were postponed in 26% of cases because of the absence of judges. There were delays in granting a "get" (divorce decree) in 17% of cases. The Peta Tikva court was without an administrator because the judges objected to the fact that a woman had been appointed to the position.

Muslims, Sikhs In Pakistan Feud Over Proximity of Houses of Worship

In Lahore, Pakistan, tension has arisen between Sikhs and Muslims over the location of their respective places of worship. Pakistan's Daily Times today reports that Auqaf Department rules provide that places of religious worship should be at least 200 feet apart to avoid interfaith clashes. A shopkeeper at the Naulakha Bazaar has recently set up a mosque on the roof of his shop. It is only 25 feet away from the Gurdwara Shaheed Singh Singhrian. The shopkeeper failed to obtain a No Objection Certificate from authorities for the mosque. Raja Ashfaq, president of Naulakha Bazaar, threatened to burn down the gurdwara if the mosque is closed. Meanwhile Jammu and Kashmir State Property Pakistan that owns the Naulakha Bazaar said the shopkeeper has violated its rules by modifying the structure to build the mosque.

Beaumont, Texas Noise Ordinance Suit Settled

Alliance Defense fund announced on Friday the settlement of a federal lawsuit against Beaumont, Texas filed after the city's arrest in 2005 of two Christians preaching and carrying signs denouncing homosexuality. The two, preaching on a public sidewalk, were charged with violating the city's noise ordinance after police told them that their activity was upsetting people. In the settlement, the city agreed to amend the noise ordinance to include a decibel level and also agreed to provide police training in First Amendment rights.

Michigan Appellate Court Holds State Recognizes Ministerial Exception

In Weishuhn v. Diocese of Lansing, (MI Ct. App., May 22, 2008), a Michigan state court of appeals held that the "ministerial exception" exists under Michigan law to bar discrimination claims under the state's Elliott Larsen Civil Rights Act. According to the court, the doctrine "precludes subject matter jurisdiction over claims involving the employment relationship between a religious institution and its ministerial employees." The court remanded the case to the trial court for it to determine whether plaintiff, a mathematics and religion teacher at St. Mary’s Elementary School in Mount Morris, Michigan, was a "ministerial" employee. The trial court was ordered to consider whether the teacher had primarily religious duties of religious significance, whether her position was primarily religious and whether her functions were essentially liturgical. In the case, teacher Madeline Weishuhn alleges retaliatory termination.

Santeria Priest Seeks Records On Florida Police Raid

In Coral Gables, Florida, a Santeria priest is threatening to file suit if the city continues to refuse his public records request to obtain documents relating to a June 8, 2007 police raid on a ceremony taking place in a private home. The ceremony, being performed by Santeria priest Jesús Suarez, includes the sacrifice of several animals. It appears that neighbors complained to police that they could hear the animals suffering. Yesterday's Miami Herald reports that about two dozen officers came to the home with guns drawn and held participants in the ceremony against their will for several hours. Ernesto Pichardo, president of the Church of Lukumi Babalu Aye, hired an attorney to file the request to determine whether the raid violated the religious freedom of Santeria members. Pichardo successfully challenged Hialeah, Florida's ban of animal sacrifice in the US Supreme Court in 1993.

Egyptian Film Maker Faces Hurdles In Producing Movie On Muslim View of Jesus

An Egyptian film maker, Mohammad Aziziah, is facing multiple legal hurdles as he plans to produce a film titled The Arab Messiah. Gulfnews today reports that the film will reflect the Quranic view that instead of being crucified, Jesus was raised alive to heaven. In the planned movie, Jesus will speak Arabic and be portrayed by an Arabic actor. Najeeb Gabriel, who is an adviser to Egypt's Coptic Christian Pope Shenouda, said that he plans to file suit to stop production of the movie or to have the script changed to reflect the Christian view of Jesus death. Meanwhile Ebrahim Al Fayoumi, the Secretary General of Al Azhar's Islamic Research Centre, said that his organization will ban the move. The Centre has authority under Egyptian law to license religious dramas. It bans all movies that present a personal portrayal of prophets on the ground that this detracts from prophets' spiritual importance.

Clinton Speaks At Puerto Rican Church

Presidential candidates continue the practice of speaking from church pulpits on Sunday mornings, despite IRS concerns over implied political endorsements by non-profit organizations. Yesterday, according to the AP, Hillary Clinton "offered a spiritual defense for continuing her presidential campaign" as she spoke to the congregation at the Pabellon de la Victoria evangelical church in Hormigueros, Puerto Rico. The appearance began with an hour of religious singing and dancing led by a band and chorus. It is unclear whether the church also invited other candidates to appear.

Presidential Proclamation, Radio Address Mark Memorial Day

Last week, the President issued his "Prayer for Peace, Memorial Day 2008" Proclamation (full text), which reads in part:

In respect for their devotion to America, the Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

While President Bush, in his Saturday radio address (full text) called on Americans "to honor the sacrifices of those who have served you and our country," one small fringe group disagreed. On Friday, for about an hour before a Memorial Day service in Stuart, Florida's Veterans Memorial Park, members of the anti-gay Topeka, Kansas Westboro Baptist Church carried signs with slogans such as "God killed your sons." Protester Ben Phelps told TCPalm : "This country has made an occupation ... of worshipping these dead soldiers.... In fact, the only thing they're fighting for is for (homosexuals) to marry."

Amish Refuse To Follow Sewage Disposal Code

In Ebensburg, Pennsylvania, members of the small Swartzentruber Amish community are at odds with county officials over handling of waste from two out houses at the community's school. Sunday's Mansfield (PA) News Journal reports that the Amish group has religious objections to complying with code requirements that the waste be collected in a holding tank and disposed of by a certified sewage hauler. Instead, the Amish group collects the waste in plastic buckets and dumps it on their fields. Andy Swartzentruber, on whose land the outhouses sit, and school elder Sam Yoder, have each been fined $500 for violating the state sewage disposal law. Yoder says that he will go to jail rather than abide by the sewage disposal requirements. The Cambria County Sewage Enforcement Agency and other officials are trying to work out a compromise with the religious group.

Humanitarian Group Is Religious Organization Under Title VII

In Spencer v. World Vision, Inc., 2008 U.S. Dist. LEXIS 40938 (WD WA, May 21, 2008), a Washington federal district court was called on to determine whether World Vision, Inc. is a "religious association" under Title VII of the 1964 Civil Rights Act. Applying a 9-factor test, the court decided that the nonprofit Christian humanitarian organization at issue meets the requirements for a religious organization and thus, under 42 USC Sec. 2000e-1(a) is exempt from Title VII's ban on religious discrimination in employment.

High Schooler Wants To Wear Eagle Feathers On Graduation Robe

In Pembroke, North Carolina, high school senior Corey Bird wants to wear eagle feathers on his graduation gown to honor his grandparents. Friday's Fayetteville (NC) Observer reports that Bird, whose father is Lumbee and Sisseton-Wahpeton Sioux, was told by Purnell Swett High School Principal Antonio Wilkins-- himself a Lumbee-- that school policy bans the wearing of messages, signs and the like on caps and gowns. The legal director for the ACLU of North Carolina says, however, that Bird has a good case for wearing the feathers as an exercise of his religious freedom. (Faytetteville Observer).

UK Will Not Prosecute Anti-Scientology Picket

Friday's London Guardian reports that Crown Prosecution Service has decided it will not prosecute a 16-year old boy for carrying a sign outside the headquarters of the Church of Scientology earlier this month accusing it of being a "dangerous cult". City of London police had issued a summons to the boy after he refused to put down the sign. Police claimed he violated the Public Order Act (as amended by the Racial and Religious Hatred Act of 2006) by inciting religious hatred. The Prosecution Service decided however, that the sign was neither "abusive or insulting" and therefore did not violate the law.