Volunteer Pastor Is "Professional" Under California Sex Abuse Law

In People v. Bautista, (CA Ct. App., June 3, 2008), a California appellate court held that a lay pastor could be convicted under a California Penal Code Sec. 289(d) that outlaws sexual penetration of a victim who was not aware of the essential characteristics of the act because of the perpetrator's fraudulent representation that the sexual penetration served a professional purpose. The court rejected the defense that the only individuals who fall under the "professional purpose" language are those in occupations that are licensed and certified by the state. The court held that the law can also cover members of the clergy-- including unlicensed and unpaid pastors. The court also found no free exercise violation in the trial court's admission of certain evidence regarding tenets of defendant's church, including his religious authority and the concern with the appropriate behavior of teenage churchgoers.

Turkish Theologians Sue To Change Name of Fashion Designer's Company

In Turkey, two liberal theologians have brought a lawsuit against the country's most famous Islamic clothes designer to force him to change the name of his company. London's Independent reports today on the lawsuit filed by Ilhami Guler and Suleyman Bayraktar against Mustafa Karaduman who has become known as "Allah's tailor". Karaduman's company "Tekbir" has become famous-- to the dismay of secularists-- for mass-marketing brightly colored headscarves and ankle-length coats that are widely worn by conservative urban women. However "Tekbir" refers to the Islamic credo – "there is no God but God". The suit claims violation of a Turkish law that bans the commercial use of names, "imbued by society with a moral value". Plaintiff Guler said: "Jesus was upset by the sight of the money-lenders in the temple, and I'm upset by the thought of a new generation of Muslims for whom 'Tekbir' means expensive headscarves."

Algerian Actions Against Christian Conversionary Activity Continues

Yesterday's Christian Post reports that in Algeria, four Christians charged with attempting to convert Muslims have received suspended prison sentences and fines. Tuesday's court decision stems from charges under a 2006 law that prohibits attempting to convert Muslims and also requires non-Muslim activities to take place only within churches. The four plan to appeal. A number of actions against Christians and Christian churches have been undertaken in the last six months. Compass Direct News reported yesterday that in the Algerian city of Tiaret, five plainclothes officers stopped a Muslim woman who had converted to Christianity and publicly questioned her for two hours. The woman, Habiba Kouider, is already on trial for "practicing non-Muslim religious rites without a license" after authorities found she was carrying several copies of the Bible and books on Christianity, apparently for distribution. Defending government actions, Dr. Abu Amrane Chikh, head of the government-appointed Islamic Higher Council, said that efforts by Christian evangelists are "a new form of colonization that is hidden behind freedom of worship."

New Anti-Evolution Strategy Emerging In Texas Education

Today's New York Times carries an analysis of developments in Texas regarding public school science curriculum. The article titled "Opponents of Evolution Adopting a New Strategy" says that language already in the science standards, calling for the teaching of the "strengths and weaknesses" of evolution, has become the focus of debate. A state-appointed committee of science educators that is reviewing science standards is likely to recommend removal of the language. However opponents of evolution are only one vote away from a majority on the State Board of Education. The chairman of the Board, dentist Don McLeroy, believes that the earth appeared only thousands of years ago, saying his rejection of evolution is not a religious belief. He says: "I just don’t think it’s true or it's ever happened." Starting this summer, the Board will begin to set curriculum standards for the next decade. Because Texas is one of the largest buyers of textbooks, its mandates will likely find their way into texts used throughout the country.

New Center for Engaged Religious Pluralism Created

In Moraga, California yesterday, Saint Mary's College announced the opening of its new Center for Engaged Religious Pluralism. The Center's goal is to broaden the dialogue about religion, politics, and public policy to include participants from many different belief systems that are typically not involved in public debate on these issues. The Center's first initiative, its Prison Religion Project, will develop a model policy to accommodate religious diversity in prisons. More information is available on the Center's website.

FLDS Proceedings Costly To State; Investigations Continue

CNN reported yesterday that it has cost Texas well over $7 million to remove FLDS children from the YFZ Ranch, litigate the case and eventually return the children. The state spent $5.2 million to provide food, shelter and counseling (mostly employee overtime and transportation.) As of May 20, legal costs for the state exceeded $2.2 million, with the burden falling mainly on two county governments. Additional appeals took place after that. Meanwhile WFFA News reports that the investigation continues and that criminal charges against some FLDS men are possible. In a Findlaw column yesterday, law professor Marci Hamilton pointed out that the Texas Supreme Court decision returning the children to their parents made it clear that the state has broad continuing jurisdiction in the case.

Former Screen Star Convicted By French Court of Inciting Hatred

Former screen star, now animal rights activist, Brigitte Bardot yesterday was fined over $23,000 by a French court for provoking discrimination and racial hatred against Muslims. She was also ordered to pay $1,555 in damages to MRAP, a French anti-racism group. According to reports by AP and AHN, the case grew out of a letter she wrote in December 2006 to then Interior Minister Nicolas Sarkozy and which she subsequently published her foundation's quarterly journal. The letter objected to the slaughter of sheep by Muslims for the feast of Eid el-Kebir (also known as Eid al-Adha) and said that France is "tired of being led by the nose by this population that is destroying us, destroying our country by imposing its acts." The court also ordered that the court's opinion be published in the newsletter of Bardot's animal rights foundation. This is the fifth time in eleven years that Bardot has been convicted of inciting racial hatred.

California University Lets Quaker Attach Explanation To Loyalty Oath

California State University at Fullerton has agreed to allow a Quaker instructor to attach an addendum to California's requied loyalty oath. Yesterday's Chronicle of Higher Education reports that Wendy Gonaver, a lecturer in American studies who was terminated last fall when she refused to sign the oath, has now reached an agreement with the University after negotiations on her behalf by People for the American Way. The addendum indicates that while Gonaver will abide by the oath, she objects to the compulsion in signing it. It concludes: "as a Quaker, in order to sign the oath in good conscience, I must also state that I do not promise or undertake to bear arms or otherwise engage in violence, and I have been assured by CSU that my oath will not be construed to require me to do so."

A joint press release by the University and PFAW says: "CSU is committed to working with individual employees to accommodate their religious beliefs in order to allow them to sign the oath," so long as the arrangement "does not undermine or qualify the oath." (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Canadian Provincial AG Again Considering Charges Against FLDS

Despite recommendations by two earlier special prosecutors that charges not be filed until the law is clarified, the Canadian Press reported yesterday that British Columbia Attorney General Wally Oppal is appointing yet another special prosecutor to determine whether polygamy and sexual abuse charges should be brought against members of the FLDS community in Bountiful, B.C. One of the children taken into custody by Texas officials after their raid on an FLDS compound was a teen age girl from Bountiful. Attorney Terrence Robertson has been appointed to the special prosecutor position. (See prior related posting.)

Consent Judgment Entered In Louisiana Gideon Bible Case

A Consent Judgment (full text) has been entered by a Louisiana federal district court in Roe v. Tangipahoa Parish School Board, (ED LA, May 28, 2008). The decree concluded that distribution of Gideon Bibles at Loranger Middle School violated the Establishment Clause. It ordered school officials "to refrain from allowing, participating in and/or encouraging the distribution of Bibles, or other religious materials, to elementary school children within the jurisdiction of the Tangipahoa Parish School System, on school property." It also awarded plaintiffs nominal damages and attorneys' fees. Yesterday's Advocate reported on the court's action. The consent decree means that school officials will not appeal to the 5th Circuit to try to overturn the district court's earlier decision finding an Establishment Clause violation. (See prior related posting).

Interview With Head of Saudi Virtue Commission Published

The Arabic International Daily Asharq Alawsat yesterday published a rare interview with Sheikh Ibrahim Al-Ghaith, head of Saudi Arabia's Commission for the Promotion of Virtue and Prevention of Vice. Al-Ghaith gave this summary of the Commission's work in 2006:

The presidency of the commission conducted more than 47,500 awareness and guidance programs that consisted of symposiums, panels, and guidance lectures and distributed more than 7,830,000 pamphlets and audio cassettes. Through its various branches and centers, the presidency of the commission arranged more than 60,940 cooperation visits and contacts. All this is within the realm of the first part of the commission's mission; namely, the promotion of virtue.

As for the second part, namely, the prevention of vice, about 416,000 cases were dealt with the number of persons involved in these cases was 434,000 individuals (that is 2% of the population of Saudi Arabia if the number of citizens and residents is over 22 million persons). The unpublicized cases that ended with pledges [not to commit the offense again] in order to protect the reputation of the perpetrator involved about 392,000 individuals, that is, about 90%. About 42,000individuals, that is, about 10% were referred to the quarters concerned. These percentages show very clearly that the purpose of the commission is to reform and correct. This is the approach that all the members of the commission take. No one is referred to the quarters concerned unless we see that such a referral is unavoidable.

The lengthy interview also covers a number of other topics including various complaints about the Commission's operations.

Court Denies Preliminary Injunction To Yoko Ono In Suit Over Anti-Evolution Film

Yesterday in Yoko Ono Lennon v. Premise Media Corp., (SDNY, June 2, 2008), a New York federal district court refused to grant a preliminary injunction to Yoko Ono in her copyright infringement suit over use of a 15-second excerpt from a John Lennon song in the film "Expelled: No Intelligence Allowed". Yesterday's International Herald Tribune and Wall Street Journal Law Blog both report on the decision relating to music and lyrics from the song "Imagine". The movie claims academic suppression of supporters of Intelligent Design theory. In denying the preliminary injunction, the court held that defendants are likely to succeed on their "fair use" defense. (See prior related posting.)

Scalia Addresses Orthodox Jewish Group On Church-State Issues

The New York Sun reports on a speech given Sunday night by Justice Antonin Scalia to the annual dinner of the Agudath Israel of America. He said that the Constitution should not be read to "banish the Almighty from the public forum." He also complained about the Supreme Court's recent rulings that government cannot favor religion over non-religion, saying that this does not, represent American tradition. Extensive photos of the event are available on Yeshiva World News. An audio recording of Scalia's full speech is available online from JBlog.Central.

Trial Judge Orders FLDS Children Released, Subject to Restrictions

In San Angelo, Texas, Judge Barbara Walther signed an order this morning allowing mothers of around 450 FLDS children to take the children back from shelters across the state at which they were being held in state custody. Today's San Angelo Standard-Times reports that the order places substantial restrictions on the parents and children while the Department of Family and Protective Services carries out an investigation of alleged sexual abuse on the YFZ Ranch. The order prohibits the children from leaving the state, requires parents to keep DFPS informed of their address and permits state officials to make unannounced visits any day between 8 a.m. and 8 p.m. The court also granted an emergency stay of its order as to a 16-year old girl who is the daughter of FLDS leader Warren Jeffs. A separate arrangement with tighter restrictions is being negotiated in her case.

UPDATE: The full text of Judge Walther's order is now available online. Also today, according to the Standard-Times, FLDS spokesman Willie Jessop said that FLDS policy will now be to bar any girl from marrying who is not of the legal consent age in the state where she lives. The group will counsel members against such marriages.

Danish Embassy In Pakistan Bombed, Apparently Over Muhammad Cartoons

AFP reports that today a suicide bomber blew up a car outside the Danish embassy in Islamabad, Pakistan, killing 8 and wounding 30. While there was no immediate claim of responsibility, authorities say it was likely linked to caricatures of the Prophet Muhammad that were originally published in Danish newspapers in 2005. Osama bin Laden and his deputy Ayman al-Zawahiri have urged attacks on Danish targets in retaliation for the cartoons.

5th Circuit Rules In Favor of Odinist Prisoner

The U.S. 5th Circuit Court of Appeals last week reversed a district court's grant of summary judgment and remanded the free exercise and RLUIPA claims of a Texas prisoner who practices the Odinist/Asatru faith. In Mayfield v. Texas Department of Criminal Justice, (5th Cir., May 30, 2008), the court first held that the 11th Amendment does not bar declaratory and injunctive relief against prison officials. The court then concluded that disputed issues of fact remain that could lead to plaintiff''s successful challenge of TDCJ's policy that prevents Odinists from assembling for religious services in the absence of an outside volunteer and its policy that prevents Odinists from personally possessing runestones and accessing rune literature .

Recent Articles Of Interest

From SSRN:

• Ran Hirschl, The Theocratic Challenge to Constitution Drafting in Post-Conflict States, (William & Mary Law Review, Vol. 49, No. 4, 2008 ).
• Catherine J. Ross, Children and Religious Expression in School: A Comparative Treatment of the Veil and Other Religious Symbols in Western Democracies, (May 25, 2008).
• Vincent Martin Bonventre, The Fall of Free Exercise: From 'No Law' to Compelling Interests to Any Law Otherwise Valid, (Albany Law Review, Vol. 70, No. 4, 2007).
• Thom Brooks, The Capabilities Approach, Religious Practices, and the Importance of Recognition, (May 27, 2008).
• Samuel Moyn, Jacques Maritain, Christian New Order, and the Birth of Human Rights, (May 1, 2008).
• John E. Taylor, Why Student Religious Speech is Speech, (West Virginia Law Review, Vol. 110, No. 1, 2007).

From SmartCILP:

• Phillip C. Aka, Assessing the Constitutionality of President George W. Bush's Faith-Based Initiatives, 9 Journal of Law In Society 53-110 (2008).
• Symposium. Fifteenth Annual Society of Catholic Social Scientists Meeting. 47 Journal of Catholic Legal Studies 1-190 (2008).

Christian Students' Suit Against Washington School Settled

Alliance Defense Fund announced last Thursday that it had reached a settlement with Washington state's East Valley School District in a suit ADF had filed in March challenging East Valley High School's refusal to allow a group of Christian students to meet in an empty room during lunch hour. (See prior posting.) The Notice of Voluntary Dismissal says that school officials have decided to allow the students to meet on the same terms as other groups. The school also changed its policy that prohibited “[r]eligious services, programs or assemblies . . . in school facilities” so that it clearly applies only to school-sponsored religious programs not to private religious speech.

Preachers Told Not To Proselytize In Muslim Area of British City

London's Daily Mail today reports that two Christian preachers say the West Midlands Police in the British city of Birmingham violated their freedom of expression protected by the Human Rights Act. A Muslim police community support officer ordered the preachers to stop handing out Bible extracts in a Muslim area of the city. He told Americans Arthur Cunningham and Joseph Abraham that it was a hate crime to try to convert Muslims to Christianity. The preachers are demanding an apology and compensation, or else they threaten to sue. West Midlands police say the officer acted with good intentions in diffusing a heated argument between two groups of men. The incident arises as some are expressing increased concern over supposed Islamic "no-go areas."

Court Dismisses Free Exercise Claims Against Private Actors

In Palm v. Sisters of Charity Health System, 2008 U.S. Dist. LEXIS 42287 (D ME, May 29, 2008), a Maine federal magistrate judge recommended dismissal of a claim that doctors were discriminating against believers in the "Bible Code" when they involuntarily committed plaintiff to a private hospital. The court said that claims of a conspiracy to violate free exercise rights brought under 42 U.S.C. 1985(3) and 42 U.S.C. 1986, as well as civil rights claims under 42 U.S.C. 1983, should be dismissed because defendants are not state actors.