10th Circuit Rejects Trademark Claims By Group Formed To Critique LDS Church

In Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, (10th Cir., May 29, 2008), the U.S. 10th Circuit Court of Appeals rejected trademark infringement, unfair competition and cybersquatting claims brought by a group founded to critique the Church of Jesus Christ of Latter Day Saints. The group, UTLM, sued FAIR, a volunteer organization whose website was created to respond to criticism of the LDS Church by UTLM. The court held that despite similarities in the two groups' websites, UTLM failed to show "that UTAH LIGHTHOUSE is protectable, that Defendants' use was in connection with any goods or services, and that Defendants' use was likely to cause confusion among consumers as to the source of the goods sold on the FAIR online bookstore." The court also rejected UTLM's claim that FAIR had violated the Anti-Cybersquatting Protection Act.

Ohio Library Sued For Denying Meeting Room For Relgious Program

Today's Cincinnati Enquirer reports that last Wednesday a federal lawsuit was filed against the Clermont County (Ohio) Public Library by George and Cathy Vandergriff and the Institute for Principled Policy who were denied use of a library meeting room to present two days of Biblically-based financial planning workshops. The library makes its meeting rooms available to non-profit use by community groups, but they may not be used for "political, religious or social events." The complaint (full text) alleges that the library's singling out of religious speech violates the 1st and 14th Amendments of the U.S. Constitution and the religious freedom protections of the Ohio Constitution. Alliance Defense Fund, which represents plaintiffs, issued a press release on the case.

UPDATE: The AP reported on June 13 that in response to the lawsuit, the Clermont library board has decided to exclude all outside groups from its meeting rooms and allow their use only for library programs.

Illinois Mayor Vetoes Settlement Of Zoning Dispute

The mayor of Carlinville, Illinois has vetoed City Council's 5-4 approval of a mediated settlement in a zoning controversy with the Carlinville Southern Baptist Church. Yesterday's Alton (IL) Telegraph reports that the settlement would have allowed the use of an old Wal-Mart building, zoned for commercial use, as a church. It would also have required the city to pay the church $175,000. The city had sued to prevent the church from occupying the building, and the church responded with a federal lawsuit in which the court ruled that the church could use the building for offices and a day care center, and could remodel the building's interior. The mayor's veto can be overridden by a two-thirds vote of Council

Ohio Supreme Court Holds Relatives May Not Claim Autopsy Specimens

The Canton Repository reports that, in a decision with implications for those whose religious beliefs require burial of all body parts, the Ohio Supreme Court yesterday held that a decedent's next-of-kin has no right to receive back autopsy specimens. In Albrecht v. Treon, (OH Sup. Ct., June 5, 2008), the Court in a 6-1 decision held:

The issues of whether notice is required, what notice is required, and whether and under what circumstances tissue and organs can be removed and retained during the course of an autopsy, are issues for the legislature, not the courts.... [T]he next of kin of a decedent upon whom an autopsy has been performed do not have a protected right under Ohio law in the decedent’s tissues, organs, blood, or other body parts that have been removed and retained by the corner for forensic examination and testing.

A Supreme Court news release summarizes the decision. (See prior related posting.)

Turkey's Constitutional Court Invalidates Constitutional Changes On Headscarves

Hurriyet reported yesterday that Turkey's Constitutional Court has struck down constitutional amendments adopted in February designed to lift the ban on wearing of Muslim headscarves at universities. (See prior posting.) By a vote of 9-2, the court held that the provision in Article 2 of the country's Constitution providing that Turkey is a secular and democratic state is, according to Article 4 of the Constitution, unamendable. The Court announced its decision in a short statement, indicating that full opinions will be released later. The Court's statement read:

The law of February 9th making constitutional amendments to lift a ban on headscarf at universities has been cancelled based on the constitution's articles no. 2, 4 and 148. The execution of the law has also been stopped.

Meanwhile, on Tuesday in the case of Karaduman and Tandoğan v. Turkey, the European Court of Human Rights rule that two Turkish high school teachers who had been fired for refusing to remove their Muslim headscarves had been denied the right to a fair trial because they had not been allowed to respond to the opinion of Principal State Counsel at the Supreme Administrative Court. (ECHR press release).

California Prisons Short On Jewish Chaplains To Implement Lawsuit Settlement

In 2003, the state of California settled a class action lawsuit brought by an Orthodox Jewish prisoner seeking kosher food while in prison. As part of the settlement, the state agreed to make good-faith efforts to have kosher food available in all of its 33 prisons by 2006. This week's Forward reports that this promise has led to a scramble to find enough Jewish chaplains to supervise preparation of kosher food in that number of prisons. Currently the state has 24 Jewish chaplains, nine of whom are Chabad rabbis. Overall the state employs 185 chaplains from five faiths--Protestants, Catholics, Native Americans, Jews and Muslims. Jews make up less than 1% of California's prison inmates. Texas has dealt with a similar problem by placing all 23 of its Jewish inmates who have requested kosher food into one prison.

Illinois Village Sets Guidelines For Invocations

The Carpentersville, Illinois Village Board last Tuesday adopted guidelines for invocations that it had previously voted to include at Board meetings. Yesterday's Arlington Heights (IL) Daily Herald reports that the invocations may be delivered by a recognized leader of any faith or belief. However all invocations must be non-sectarian and "cannot proselytize or advance any one religion or disparage any other religious belief." In requiring non-sectarian language, the policy states that: "specific references to Jesus Christ, Yahweh, Buddha or Allah would respectively be considered references to a specific tenant [sic.] of Christianity, Judaism, Buddhism or Islam."

Saudi King Opens Muslim World League Conference

The London Guardian reported yesterday that earlier this week Saudi Arabia's King Abdullah opened a 3-day meeting of the Muslim World League in Mecca. Abdullah hopes the Conference will create greater unity among various Muslim schools of thought as a prelude to discussions with Jewish and Christian leaders. However grand mufti Abdul Aziz Al al-Sheikh, Saudi Arabia's highest religious legal official, emphasized that the goal of interfaith dialogue was to covert others to Islam. Former Iranian president Akbar Hashemi Rafsanjani also spoke at the Conference opening, referring only briefly to Sunni- Shia relationships, preferring instead to criticize western governments for their invasion of Iraq.

Texas School Principal Sanctioned Over Student Assembly About Islam

In Friendswood, Texas, near Houston, Friendswood Junior High School principal Robin Lowe has been moved out of her job into another position because of a school assembly at which 7th and 8th graders heard a presentation about Islam from two representatives of the Council on American-Islamic Relations. Today's Houston Chronicle reports that the PowerPoint presentation titled "Islam: Respecting Diversity," discussed the size of the Muslim population, the basic tenets of the religion and the dating customs. CAIR asked to present it after a complaint from the father of a student that his son was physically attacked because he was a Muslim. However, apparently the district superintendent had given permission to have only the staff, not students, attend the presentation. Friendswood Superintendent Trish Hanks sent a memo to parents and community members saying: "It is obvious now that a misunderstanding occurred between two very competent and dedicated administrators." In her letter, Hanks described Friendswood as "a faith-based community" and apologized to parents, saying her main concern was not the content of the presentation, "but with the fact that a group had an audience with our students without consent from parents or this administration."

UPDATE: Here (via the Houston Chronicle) is the PowerPoint presentation used for the assembly. [Thanks to Blog from the Capital for the lead.]

Jordan Summons Danes In Effort To Create International Blasphemy Law

Jordan's Public Prosecutor has summoned Danish cartoonist Kurt Westergaard and the editors of ten Danish newspapers to appear in Jordan to answer charges of blasphemy and threatening the national peace because of an offensive cartoon of Muhammad reprinted in Danish newspapers earlier this year. (See prior posting.) Jordanian courts have not issued an indictment, but the Prosecutor is attempting to use the case to create international law against slandering religion. Developments are reported Tuesday by the Copenhagen Post and yesterday by Fox News. Abu Dhabi's The National last week ran an excellent background piece pointing out that the case was brought by a group known as The Prophet Unites Us, a coalition of media outlets and members of Parliament. The complaint charges that publishing the cartoons violates the International Covenant on Civil and Political Rights which both Jordan and Denmark have signed, as well as provisions of the Jordanian Penal Code. A 2006 amendment to Jordan's Criminal Procedures Law allows a complaint to be filed if an alleged crime is committed on the Internet outside Jordan but has an impact on Jordanians. However, there is no extradition treaty between Denmark and Jordan.

Snoqualmie Lawsuit Claims Member Ousted For Religious Reasons

Yesterday's SnoValley Star reports that nine members of the Snoqualmie Tribe of Indians who were banished by the tribe's new government have filed suit against the Tribe in federal district court in Washington state. Plaintiffs claim the banishments violate the Indian Civil rights Act, the Tribe's constitution and various provisions of the U.S. constitution. The suit in part claims that one of the defendants, Linda Sweet Baxter, purportedly charged with crimes amounting to treason, was in fact ousted for her leadership in the Indian Shaker Church, a Christian-based fundamentalist religion. Baxter apparently has "admonish[ed] Tribal leaders in the name of the great spirit." The suit was brought in federal court because the tribe has never set up its own tribal courts. Disputes over the Tribe's new casino and other spending by the Tribe appear to lurk in the background in the dispute.

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.)