Court Says Scheduling Contempt Hearing On Jewish Holiday Did Not Violate Rights

In Segelman v. City of Springfield, (D MA, June 11, 2008), a Massachusetts federal district court rejected Shalom Segelman's claim that the city of Springfield, Massachusetts violated his free exercise, equal protection and due process rights when it "insisted" that a contempt proceeding against him go forward in state Housing Court on a Jewish holiday. The court said that the decision on the hearing date was made by the judge, not the city, and that failure to accommodate Segelman's holiday observance did not rise to a constitutional violation. The Springfield (MA) Republican reported earlier this month that the case grew out of a long-running attempt by the city to get Segelman to pay for repairs and operational expenses at a condominium complex he managed. Eventually the city closed down the complex for code violations. Segelman's damage suit also claimed that the city violated his civil rights by insisting that he be jailed for contempt at a facility that did not serve kosher food. [Thanks to The Docket for the lead.]

Israel's Justice Minister Wants To Dismiss Rabbinical Judge Who Invalidated Conversions

The London Jewish Chronicle today reports on a new clash in Israel between government and the Orthodox Jewish religious establishment. Controversy has raged over a recent ruling by Israel's Supreme Rabbinical Court that invalidated conversions carried out over the last nine years by the country's special conversion court. (See prior posting.) Now Israel's Minister of Justice, Daniel Friedmann, says he will follow the recommendation of the Judge’s Ombudsman, Tovah Strassberg-Cohen, and fire Rabbi Abraham Sherman, the rabbinical judge who wrote the controversial opinion. Sherman's removal however is likely to be difficult. It must be approved by the Dayanim Appointment Committee which, while co-chaired by Friedmann, has a majority of ultra-Orthodox members.

Large Number of San Diego Employees Opt Out of Performing Gay Marriages

When San Diego County Clerk Greg Smith told employees last month that he would accommodate those who had religious objections to performing gay marriages (see prior posting), he did not expect the response he received. According to yesterday's San Diego Union-Tribune, at least 14 employees have raised religious objections. Smith says that keeping that many employees in their current jobs, but excusing them from performing gay marriages, would "unfairly burden other employees and would directly compromise the services we provide to the public." So Smith told objecting employees that they would have to seek reassignment to a different job in the county. This has led some of the employees to withdraw their objections.

CAIR Wants Indian Official Excluded Because of Religious Persecution

Section 604 of the International Religious Freedom Act (8 USC 1182(a)(2)(G) ) excludes from the U.S. "any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom..." The Council on American-Islamic Relations (CAIR) announced yesterday that it had sent a letter to Secretary of State Condoleezza Rice asking that Narendra Modi, chief minister of India's state of Gujarat, be denied a visa under this provision. Modi wants to attend the second World Gujarati Conference that will be held in Edison, N.J. in August. In 2002, anti-Muslim riots in Gujarat killed more than 1000. It was reported that Modi told officials to let the massacres run their course, calling them an "anticipated Hindu reaction." In 2005, Modi was denied a U.S. visa for a planned speech in Florida.

Blackwater Urges US Court To Apply Afghanistan's Shari'a In Plane Crash Lawsuit

Today's Raleigh News Observer reports on an interesting choice of law argument being raised in in a North Carolina federal district court case. The private military firm Blackwater is being sued by the widows of three American soldiers who died in a plane operate by the Blackwater affiliate, Presidential Airways. Blackwater argues that their claim should be decided using the law of Afghanistan since that is where the plane crash occurred. Afghanistan is governed by Islamic Shari'a law which, according to this report, does not hold a company responsible for the actions of employees performed in the course of their employment.

Ohio Township Says Churches Can Use Park Amphitheater

Miami Township, Ohio trustees have adopted a policy making it clear that churches can use its park amphitheater on the same basis as other non-profit groups. Today's Cincinnati Enquirer reports that the township decided it need a clear policy after the Clermont County (OH) public library was sued for barring use of its meeting rooms for religious events. (See prior posting.) Milford Assembly of God will be the first church to use the amphitheater when its band performs contemporary Christian music at a July 20 service.

Claim That Pollution Infringes Free Exercise Summarily Dismissed

In West v. United States Secretary of Defense, 2008 U.S. Dist. LEXIS 46565 (WD WA, June 13, 2008), a pro se plaintiff challenged various aspects of a dredging project and cargo yard improvements in Olympia, Washington. In the case, a Washington federal district judge summarily dismissed plaintiff's claim that the dredging work caused pollution that violated his "right to life" and therefore his First Amendment free exercise of religion.

Pakistan Court Imposes Death Sentence For Blasphemy, But Execution Unlikely

In Sialkot, Pakistan yesterday, according to the AP, a judge imposed the death sentence on a Muslim man, Shafeeq Latif, for making derogatory remarks about the Prophet Muhammad. Separately Latif was sentenced to life in prison and a fine for desecrating pages of the Quran. Also reporting on the sentence, News.com.au says that while blasphemy convictions are fairly common in Pakistan, death sentences have never been carried out because convictions are usually overturned for lack of evidence. UPI says that after yesterday's verdict, banners and posters went up around Sialkot welcoming the death sentence.

Motion Seeks To Clear Names of Two Islamic Charities

In an unusual motion filed yesterday in federal district court in Texas, the ACLU of Texas is helping two mainstream Muslim charities clear their names. (ACLU press release). In its prosecution of the Holy Land Foundation, the federal government in a pre-trial brief filed last May named the Islamic Society of North America (ISNA) and the North American Islamic Trust (NAIT) as unindicted co-conspirators. Yesterday's motion asks the court to declare the public naming of the charities as unindicted co-conspirators to be a violation of their Fifth Amendment rights and to order expungement of their names from any public document filed or issued by the government that identifies them in this way. Petitioners' Memorandum of Law In Support of Their Motion (full text ) says:

In discussions with petitioners’ counsel ... the government confirmed that it did not believe either ISNA or NAIT had engaged in wrongdoing.... The lead HLF prosecutor explained to petitioners’ counsel that "the government’s public designation of ISNA and NAIT was a legal tactic" intended to permit the introduction of hearsay evidence.

Group Asks Wisconsin Legislature To End Opening Prayers

According to yesterday's Green Bay Press Gazette, the Freedom from Religion Foundation has asked Wisconsin Assembly Speaker Mike Huebsch to end the long-standing practice of opening sessions with prayers. Under current practice, members of the Assembly sign up to either personally lead a prayer or have a constituent do so. FFRF said its review of 16 prayers offered by legislators in the past year found that all but one were overtly Christian, and some were critical of other religions. For example, in one case, Rep. Eugene Hahn prayed: "Those who don’t love us, may God turn their hearts. And, if he doesn’t turn their hearts, may he turn their ankles, so we’ll know them by their limping."

Obama Campaign Apologizes Over Refusal To Seat Muslim Women In TV View

The Barack Obama campaign has apologized to two Muslim women after campaign volunteers refused to seat the women, who were wearing Muslim headscarves, directly behind Obama at a Detroit rally on Monday. Staffers generally pick those who will sit behind the podium, and who will therefore be seen on television in the background as the candidate speaks. CBS News reported yesterday that in both cases, friends of the Muslim women were invited into the special seating, but the women were excluded. One volunteer cited the political climate as the reason that 25-year old lawyer Hebba Aref was not placed where she would be seen while Obama spoke. In the other case, Shimaa Abdelfadeel was told no one could wear a head covering of any kind in the special seats.

Canadian Doctors At Odds With Jewish Family Over Continuing Life Support

Since last November, the family of 84-year Samuel Golubchuck, an Orthodox Jew, has been battling with Canadian doctors over whether Golubchuck should be kept on life support. Doctors want to take him off of life support, but the family says this contradicts their religious beliefs that forbid the hastening of death. In February, a judge ruled that Golubchuck must be kept on life support in a Winnipeg hospital until the case goes to trial. (CTV, Feb. 13). Yesterday, according to CTV, doctors Bojan Paunovic and David Easton became the second and third to refuse continue to work in Grace Hospital's critical care unit in order to avoid what they consider the cruelty involved in keeping Golubchuk alive.

UPDATE: 84-year old Samuel Golubchuk died at Winnipeg's Grace Hospital on June 24, still on life support, before his case went to trial. (CTV.ca).

Science Teacher and School Officials Sued Over Teaching of Religion In Classroom

On Friday, a federal lawsuit was filed against controversial Mt. Vernon, Ohio middle school science teacher John Freshwater. District superintendent Steve Short and middle school Principal William White were also named as defendants in the suit claiming that Freshwater taught religion in his classroom and that school officials failed to discipline him for doing so. According to NBC4i News, the lawsuit alleges that Freshwater displayed the Ten Commandments, religious posters and Bible passages in his classroom, taught intelligent design, and told students that their textbooks contradicted the Bible. The complaint alleges that as advisor to the Fellowship of Christian Athletes, Freshwater participated in meetings and distributed Bibles. It also claims he burned a cross into the arms of two eighth-grade students in 2007. In April, Freshwater's refusal to remove a Bible from his desk in his classroom after being instructed to do so by school officials became the subject of wide media coverage. At that time Freshwater did comply with officials' request to remove the 10 Commandments from his classroom door. (See prior posting.)

Canada's Human Rights Commission Studying Approaches To Internet Hate Speech

Canada's Human Rights Commission is launching a review of how it handles complaints of Internet hate speech, according to today's National Post. In the wake of at least three cases involving complaints by Muslim groups about articles or cartoons appearing online, the Commission has asked University of Windsor Law Professor Richard Moon to conduct the study. Section 13 of the Canadian Human Rights Act defines as a discriminatory practice communication over the Internet of "any matter that is likely to expose a person ... to hatred or contempt ... on the basis of a prohibited ground of discrimination." Critics say the "likely to expose" test is too broad, since it takes account neither of intent nor of truth as a defense. Prof. Moon's study could recommend legal changes or the drafting of guidelines for the Commission to use in such cases. At the same time, an internal study by the Commission will look at investigative methods used by the Commission staff. The Commission has been criticized for staff use of pseudonyms to access and post material on websites under scrutiny.

Church Sues Plano, Texas Over Acreage Requirement for Churches

Yesterday's Plano (TX) Courier Star reports on a lawsuit filed by the 50-member Vietnamese Baptist Church against the City of Plano challenging the Board of Adjustment's denial of an occupancy permit to the church. The city will not permit the church to have electricity and water service at the building it recently purchased for $400,000. While the basis of the denial is not completely clear, apparently the issue is the city's zoning requirement that churches located in residential areas be on at least two acres of land. Filed in state court, the lawsuit alleges that the restriction violates the church's 1st and 14th Amendment rights.

In Russia, Course For Teachers Spreads "Blood Libel"

Two years ago, schools in four areas of Russia began teaching required courses in Fundamentals of Orthodox Culture. (See prior posting.) Last week the Union of Councils for Jews in the Former Soviet Union reported on a troubling series of lectures presented at Tyumen State Oil-Gas University designed to train future teachers of the course. Professor Svetlana Shestakovaya taught students the Jewish blood libel-- the claim that Jews murder Christians to use their blood in making Matzoh. She also described Catholics are "a heresy," Protestants as "pseudo-Christian sects," and said that an "occult, evil spirit" inspired Muhammad to write the Quran.

Pro-Life Pharmacies Are New Trend

Monday's Washington Post reported on a new trend in accommodating the religious concerns of pharmacists-- the opening of "pro-life drug stores" like DMC Pharmacy in Chantilly, Virginia. These pharmacies do not stock some or all forms of contraceptives. Some of them also refuse to sell tobacco, rolling papers or pornography. The Post reports that while California, New Jersey, Illinois and Washington require pharmacies to fill all prescriptions or help women find an alternative source, some states exempt pharmacies that do not generally stock contraceptives. Some women's right advocates are concerned that the growth of this trend, particularly in rural areas, could result in regions where women are not able to obtain prescribed contraceptives anywhere.

Clash Between Religious Liberty and Same-Sex Equality Explored

As gay marriages began to be performed in California yesterday under a recent state Supreme Court ruling (New York Times), commentators focused on the potential clash between religious liberty and equality for gays and lesbians. Yesterday NPR reporter Barbara Bradley Hagerty produced a piece on Morning Edition focusing on the issue-- with special emphasis on the refusal of Ocean Grove, New Jersey's Methodist-run Camp Meeting Association to permit its Pavilion to be used for same-sex wedding ceremonies. In this morning's Los Angeles Times, Marc Stern of the American Jewish Congress published an op-ed piece titled "Will gay rights trample religious freedom?" He writes that while the California Supreme Court insisted that its recent decision would not infringe religious liberty, "there is substantial reason to believe that these assurances ... are either wrong or reflect a cramped view of religion." Meanwhile World Net Daily yesterday carried an article focusing on the same clash in the context of Colorado's new anti-discrimination law, SB 200, that now covers discrimination on the basis of sexual orientation, particularly in public accommodations. The bill was signed by the governor last month.

Louisiana Legislature Passes Controversial Science Education Act

AP reports that the Louisiana Senate yesterday, by a vote of 36-0, passed and sent to the governor for his signature SB 733, the Louisiana Science Education Act. The bill provides that the state board of education shall, upon request from a local school board, assist schools in promoting "critical thinking skills, logical analysis, and open and objective discussion of scientific theories being studied including, but not limited to, evolution, the origins of life, global warming, and human cloning." The bill goes on to provide however that this "shall not be construed to promote any religious doctrine, promote discrimination for or against a particular set of religious beliefs, or promote discrimination for or against religion or nonreligion."

The bill says teachers may use materials to supplement standard textbooks to the extent permitted by the local school board. In a report last week, the Advocate quoted the House sponsor as saying that language added in the House would prevent "any kind of crazy materials from being thrown in there" to supplement textbooks. Americans United last week issued a release saying that if the new law is used to promote religion in Louisiana public schools, it will take legal action. AU fears that supplemental materials used will be anti-evolution books and DVDs created by fundamentalist Christian ministries.

Presumably Gov. Bobby Jindal will sign the bill since he told a Face the Nation interviewer on Sunday that he believes local school boards should decide curricular matters, and that both evolution and intelligent design should be taught. (Full text of interview.) Pressed on his own views on creationism, Jindal said as a Christian, he believes that God played a role in creating the earth and mankind.

UPDATE: Reuters reported on June 27 that Gov. Bobby Jindal signed the Science Education Act into law.

Cert Granted In Case Charging Religious Discrimination In Arrest Conditions

Yesterday the U.S. Supreme Court granted certiorari in Ashcroft v. Iqbal, (Docket No. 07-1015) (Order List). The case involves claims by a Pakistani arrested in New York after the 9-11 attacks, who alleged that harsh conditions of confinement were imposed based on religious and ethnic criteria used to identify "high interest" suspects. The issue before the Supreme Court will be the extent of involvement by high ranking officials such as the Attorney General and the Director of the FBI that is necessary before such supervisors can be held personally liable for unconstitutional acts committed by their subordinates. The New York Times and AP report on the case. The opinion below is Iqbal v. Hasty, (2d Cir., June 14, 2007). Here is the Petition for Certiorari and Petitioner's Reply Brief.