Egypt Outlaws Female Circumcision

M&C, as well as Australia's Herald Sun, report that yesterday Egypt's Parliament passed legislation-- effective immediately-- outlawing female circumcision (except in cases of medical necessity). Members of the Muslim Brotherhood movement complained that the new legislation-- part of a children's rights law-- "contradicts with the Islamic jurisprudence and is brought from the West." In Egypt, some among both Muslims and Christians practice female circumcision. Parliament also passed a law setting the minimum age of marriage for both males and females at 18. (See prior related posting.)

OMB Watch Encourages Bright-Line Rule For Church Involvement In Politics

The non-profit group OMB Watch in a June 3 press release says it is encouraging the Internal Revenue Service to draft "a bright-line rule that unambiguously defines prohibited political intervention activities for charities and religious organizations..." Its letter to the IRS (full text) -- in response to an IRS request for comments on its 2008-09 guidance priorities-- says that the current "facts and circumstances test" threatens 1st Amendment rights of charities, including religious groups, because of the test's lack of clarity.

Oklahoma Governor Vetoes Religious Viewpoints Antidiscrimination Act

The Tulsa World reports that Oklahoma Governor Brad Henry on Friday vetoed HB 2633, the Religious Viewpoints Antidiscrimination Act [full text Word doc]. The bill allowed students to express religious viewpoints in school without discrimination and provided that they could include religious content in classwork and homework assignments. It also permitted the formation of religious organizations in schools on a equal footing with other noncurricular student groups. The paper reports:

Henry said students are already allowed to express their faith through voluntary prayer and other activities. He said the legislation was well-intended, but vague and "may trigger a number of unintended consequences that actually impede rather than enhance such expression."

Schools could be forced to provide equal time to fringe groups that masquerade as religions and advocate behaviors such as hate speech.

"Additionally, this bill would presumably require school officials to determine what constitutes legitimate religious expression, subjecting them to an explosion of costly and protracted litigation that would have to be defended at the taxpayers' expense," Henry said.

IRS Revokes Non-Profit Status of Two Religious Groups

In Announcement 2008-51 (June 2, 2008), the Internal Revenue Service announced the revocation of non-profit 501(c)(3) status for several organizations. Included were two religious groups: America’s Faith Centered Education Foundation, Inc. of Sandy, Utah and Prayer Works of Branson, Missouri.

District Court Refuses To Dissolve Injunction In InnerChange Case

Last year in a widely publicized decision the U.S. 8th Circuit Court of Appeals held that a government funded, faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.) Since the Iowa Department of Corrections has now terminated its contract with InnerChange, the program has ceased operation in Iowa, and InnerChange has paid back to the state all funds that the court had ordered it to return, in April the defendants in the case asked the federal district court to dissolve the injunction that had been issued.

In Americans United for Separation of Church & State v. Prison Fellowship Ministries, 2008 U.S. Dist. LEXIS 44291 (SD IA, May 19, 2008), an Iowa federal district court refused to do so at this time, but said it is wiling to reconsider dissolving the injunction in 18 months. In denying the current motion, the court said:

[T]he injunction does not result in the Court "micro-managing the Iowa prison system," nor does it fail to "'take into account the interests of state and local authorities in managing their own affairs, consistent with the Constitution.'" ... Indeed, were the State to contract with InnerChange for services unsupported in any way by government funds, such contract would not violate the existing injunction and would not necessitate Court intervention or review.

... Defendants have not satisfied their burden to show that the cessation of the InnerChange program or the repayment of funds has made compliance with the injunction more onerous, unworkable, or detrimental to the public interest, such that the injunction should be dissolved.

Jury Verdict Against Islamic Charity Officials Overturned

A federal judge in Boston last Tuesday overturned a jury's tax conspiracy verdict handed down in January against officers of a former Islamic charity. In the case, the government had charged that three defendants withheld information about Care International's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) According to the International Herald Tribune, U.S. District Court Judge Dennis Saylor IV concluded that prosecutors failed to prove that the group's leader, Samir Al-Monla, had conspired with Emadeddin Muntasser to lie to the IRS. The court however let stand Muntasser's conviction on charges of lying to federal officials and Muhammed Mubayyid's false statements and false tax return convictions. A written opinion will be filed to support the judge's oral ruling.

Yeminis Argue Over Creation of Religious Police Force

In Yemen, Islamists led by Sheikh Abdulmajeed al Zindani have asked President Ali Abdullah Saleh to create a 25-member national committee for the promotion of virtue and prevention of vice. Abu Dhabi's The National reports today that representatives of civil society organizations at the al Jawi Forum in Sana'a last week opposed the idea. They say that establishing a "religious police" is an unconstitutional attack on civil rights and free speech.

Ohio Supreme Court: Church Gets No Exemption For Property Acquired Mid-Year

In Sylvania Church of God v. Levin, (OH Sup. Ct., May 28, 2008), the Ohio Supreme Court held that a church could not obtain a tax exemption for property it acquired mid-year. An exemption is available for the year only if the property is owned by the applicant and used for an exempt purpose on January 1 of the year in question. It is not enough that the property is used for an exempt purpose before the application is filed later in the year.

Falun Gong In New York Have Been Attacked

Yesterday's Epoch Times reports that adherents of Falun Gong in Flushing, New York met this week with representatives of the New York Police Department to discuss physical and verbal attacks that have been directed at the Falun Gong. The paper says that China has spread false rumors, through its state-controlled media in the United States and in China, that Falun Gong practitioners have been blocking donations from getting to earthquake victims in Sichuan Province. Late last month, the Epoch Times reported that attacks on Falun Gong in New York occurred after reports spread through the Chinese community that Falun Gong was celebrating the deaths in the earthquake. The newspaper claims that the Chinese Consulate in New York was implicated in encouraging the attacks.

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.