Minority Religions Face Burial Problems In Kyrgyzstan

Forum 18 reports today on the problems faced in Kyrgyzstan by members of non-Muslim faiths in burying their dead. A fatwa issued by the country's Muftiate bars non-Muslims from being buried in Muslim cemeteries. Cemeteries are run by local governments and particularly in rural areas, often Muslim cemeteries are the only ones available. Sometimes local imams allow burials of non-Muslims, but only if Muslim funeral rites are performed. A meeting of Russian Orthodox, Protestant and Muslim leaders earlier this month at the State Agency for Religious Affairs decided that each time such a problem occurred, the heads of religious communities should meet to find a common solution.

Poll Contrasts Views On Sharia In Iran, Egypt, Turkey

Today the Muslim-West Facts Initiative (a collaboration of the Gallup polling organization and the Coexist Foundation) published the first in a series of articles on views toward Islamic Sharia law in Iran, Egypt, and Turkey. The article is based on extensive polling data from last year. The authors summarize the results of the poll as follows:

In Iran, a majority of residents tell Gallup that Sharia must be a source of legislation, but not the only source. In Turkey, poll findings show how divided the Turkish public is about the role of Sharia in legislation. In Egypt, however, public opinion is much more likely to favor religious law as the only source of legislation....

[M]en and women express strikingly similar views within each country on the role of Sharia in legislation.... Overall, older respondents are more likely than younger ones to say Sharia must be the only source of legislation (although this pattern is weaker in Turkey than in Iran and Egypt).... In Turkey and Iran, those who have a secondary level of education are less likely than those with a primary level of education or less to say Sharia must be the only source of legislation. There is no difference by education level in Egypt.

3rd Circuit Finds Prison Music Policy Does Not Violate Establishment Clause

In Young v. Beard, (3rd Cir., July 8, 2008), the U.S. 3rd Circuit Court of Appeals rejected a prisoner's free expression and Establishment Clause challenges to the Pennsylvania prison system's policy on recreational music for prisoners. After criticism of the state's prior policy that allowed independent inmate bands, the Department of Corrections changed its policy to allow only individual music playing in cells or institutional musical groups that can play at an annual talent show or special events. However inmate bands are still permitted for religious services. This was challenged by an inmate who had been a member of a secular inmate band prior to the policy change. The court held that the prior program posed legitimate security concerns, and several viable alternatives still exist for inmates to perform music. Turning to the Establishment Clause challenge, the court found that changes to the secular music program did not have the purpose or effect of advancing religion. Permitting religious bands accommodates free exercise and does not cross the line into endorsement of religion. (See prior related posting.)

Michigan Church Wins Zoning Challenge In Settlement

Alliance Defense Fund yesterday announced a settlement in Celebration Community Church v. City of Muskegon, (WD MI, filed March 2008) (full text of complaint). Celebration Church challenged the city's denial to it of a special use permit so it could use a former automobile dealership it purchased as a church. The city cited loss of property tax revenue, adverse impact on bars located nearby, and incompatibility with the surrounding area as reasons. However the Liquor Control Commission said that the church would not impact the license of an existing nearby bar. The city did not require special use permits for non-religious assembly uses in areas zoned general business. The suit alleged that the denial infringed its free speech, free exercise, equal protection and due process rights under the U.S. and Michigan constitutions and its rights under RLUIPA. The court directed the parties into mediation, and they reached a settlement under which the church would be permitted to use the property for religious purposes. Muskegon City Council approved the settlement on June 24.

India, Under Christian Pressure, Blocks Migration of Bene Menashe To Israel

IANS reports today that the Indian government has refused to grant permission for nearly 200 Bnei Menashe members to emigrate from the country's northeaster state of Mizoram to Israel. After the Bene Menashe were recognized by the Israeli rabbinate as descendants of ancient Israelites, a group of rabbis came to India and converted the Mizo Jews-- who had been born as Christians. While Israel had planned to welcome the group under its Law of Return, a group of Christians in India apparently filed a formal protest with the Indian external affairs ministry and home ministry. They wanted the planned migration blocked and the conversions of the Bene Menashe stopped. Since 1994, some 1000 Bene Menashe members have migrated to Israel from Mizoram and its neighboring state of Manipur.

Defense Department Moves To Dismiss Suit Claiming Religious Discrimination

God and Country blog reports that yesterday the Defense Department filed a motion to dismiss and a memorandum in support of the motion (full text) in Hall v. Welborn. In March, Jeremy Hall and the Military Religious Freedom Foundation filed suit in federal district court in Kansas claiming that a meeting of atheists and freethinkers organized by Hall in Iraq was interrupted by an Army major, and that Hall was not recommended for promotion because his platoon sergeant thought he would be "unable to put aside his personal convictions and pray with his troops" and would have trouble bonding with them. (See prior posting.) In support of its motion to dismiss, the Defense Department argued that the court need not reach the merits. It contends that because Hall did not show that the major's action was likely to recur, he lacked standing to obtain an injunction. It claimed that Hall failed to use existing internal procedures to complain about his treatment and that he did not show injury from the alleged pattern and practice in support of religion. It also argued that judicial review would interfere with military operations and personnel matters committed to military expertise.

Lawsuit Challenges Publishers' Translation of Bible Verse

An unusual pair of federal lawsuits filed pro se by a Michigan man complain about the translation of a passage in I Corinthians in versions of the Bible from two publishers. The verse, I Corinthians 6:9, describes those who will not inherit the kingdom of God. Early versions of Bibles published by Thomas Nelson Publishing and Zondervan Publishing House include "homosexuals" in the list. Later translations instead use the term "sodomites". The exact theory of plaintiff Bradley Fowler's case is not clear. In his handwritten complaints against Thomas Nelson Publishing (full text of complaint) and Zondervan (full text of complaint) he variously charges that inclusion of the term homosexual caused him, as a homosexual, emotional harm. However he also complains that the publishers eliminated the term in later editions without informing the public. Reporting on the lawsuits, today's Grand Rapids Press says the court refused Fowler's request for an appointed attorney. The judge questioned the nature and efficacy of the claims. The suits seek $60 million in damages from Zondervan and $10 million from Thomas Nelson.

UPDATE: Bill Poser on Language Log has an excellent discussion of the translation issues posed by the original Greek in the Biblical verse at issue.

Gaer Elected New Chair of USCIRF

Last week, the U.S. Commission on International Religious Freedom announced the election of Felice D. Gaer as chair for the coming year beginning July 1. She succeeds Michael Cromartie who will serve as vice-chair along with Dr. Elizabeth H. Prodromou. Gaer is Director of the Jacob Blaustein Institute for the Advancement of Human Rights of the American Jewish Committee.

Muslim Woman Sues For Employment Discrimination

Yesterday a Sacramento, California Muslim woman filed suit in state court charging National Credit Acceptance, Inc. with employment discrimination. The complaint in Southavilay v. National Credit Acceptance, Inc., (CA Super. Ct., filed July 8, 2008), alleges that Zaylanin Southavilay was told she could not continue working as a telephone debt collector with National Credit Acceptance if she continued to wear a hijab (Islamic headscarf). Southavilay sued under California law (California Government Code, Sec. 12940) claiming religious discrimination and failure to accommodate her religious belief. She also charged wrongful termination in violation of public policy. The Asian Law Caucus issued a release reporting on the filing of the lawsuit.

Hungary's Constitutional Court Strikes Down Hate Speech Amendments

The Budapest Times reports that Hungary's Constitutional Court last week ruled two amendments added last year to Hungary's "hate speech" law unconstitutional. One amendment allowed suits to be brought against a speaker who directed inflammatory speech broadly against a person's religious or ethnic group. Previously plaintiffs had to show the speech was directed against them personally. The other amendment for the first time made hate speech a criminal offense, punishable by up to two years in prison. The court held that both of the amendments unduly restrict freedom of expression. It also held that only natural persons may have their human dignity protected. Broader communities or groups may not. Criticizing the decision, Socialist MP Gergely Bárándy said that it opens the door to verbal attacks on Jews and Gypsies.

Swiss Referendum on Banning Minaret Construction Will Be Held

The AP reported yesterday that in Switzerland, members of two right-wing parties have obtained enough signatures to force a nationwide referendum on banning construction of minarets. Members of the Swiss People's Party and the Federal Democratic Union say the minaret is a symbol of an Islamic political and religious claim to power. The Interior Ministry says it received a petition with 100,000 signatures supporting the proposal. Currently there are only two minarets in Switzerland, and neither is used for calls to prayer. Opponents say the construction ban would violate the religious freedom of Switzerland's 310,000 Muslims. The Swiss government will recommend that voters reject the proposed ban, fearing its impact on the country's international image and the potential reaction of Muslims if the ban is enacted.

Police Require Orthodox Jewish Woman To Remove Wig For Arrest Photo

In Ramapo, New York, members of the town's Hasidic Jewish community are protesting action of the police department in its arrest of an Orthodox Jewish woman, Sarah Cohen. The woman, charged with welfare fraud, was required to remove her wig for an arrest photograph. Many Orthodox Jewish women who are married keep their heads covered in public with a wig as a sign of modesty. However, law enforcement agencies generally require suspects to remove hats, turbans, wigs, glasses and toupees for booking photos. Sunday's Lower Hudson Journal News, reported, surprisingly, that police in New York towns like Ramapo, Spring Valley and Bedford, all of which have large Hasidic populations, have no written procedures on how to deal with religious or cultural concerns in booking suspects. After the incident, Ramapo Supervisor Christopher St. Lawrence apologized and called the police officer involved insensitive. The matter is being investigated and a report will be presented to the Town Board tomorrow. Police Chief Peter Brower says he will review departmental policies on the issue.

Folk Religions Get Very Different Treatments Around the World

Reports this week from opposite sides of the world reflect the rather disparate views of folk religions by varying legal systems. Today's New York Times reports that in Tajikistan, a new law passed early this year outlaws traditional fortune telling. The "fate viewer"-- who also sometimes prescribes folk remedies-- is a centuries-old profession in the country. Practitioners have enjoyed a resurgence in popularity lately as the country suffers economically. Proponents of the new law say it was designed to protect the population from a drain on their finances, prohibit "un-Islamic" activity and reduce the number of people practicing medicine without a license.

Meanwhile Lifesite News yesterday reported on a case decided in May by a criminal court judge in the Brazilian state of Bahia. Judge Ricardo Augusto Schmitt ordered confiscation from bookstores of all copies of a book condemning witchcraft written by Catholic priest Jonas Abib. The book is titled "Yes, Yes! No, No! Reflections on Healing and Liberation." In obtaining the court order, the public prosecutor argued that Bahia's state constitution requires the state "to preserve and guarantee the integrity, respectability, and permanence of the values of Afro-Brazilian religion." He accused accused Abib of "making false and prejudiced statements" about spiritualist religions and inciting disrespect for their objects of worship.

Christian Group Runs Controversial Ad Against New Colorado Law

In May, Colorado's Governor Bill Ritter signed Colorado SB 200 which, among other things, prohibits discrimination on the basis of sexual orientation in public accommodations. The new law defines "sexual orientation" to include transgender status. Seizing on this, the Christian group Focus on the Family is now running a controversial advertising campaign against the bill in Colorado newspapers. According to today's Pueblo Chieftan , the ads claim the new law has made all public restrooms unisex. The ad depicts an innocent little girl coming out of a bathroom stall with a man in boots waiting to use it.

Court Dismisses Free Exercise Challenge To Forest Service Permit Regulations

In Nenninger v. United States Forest Service, 2008 U.S. Dist. LEXIS 51212 (WD AR, July 3, 2008), an Arkansas federal district court dismissed a challenge to U.S. Forest Service regulations requiring a special permit for large noncommercial gatherings on Forest System lands. The permit application must be signed by an agent for the group. (36 C.F.R. Part 251, Subparts B and C, and 36 C.F.R. Part 261, Subpart A.) The regulations were challenged by a member of the Rainbow Family, a group that regularly gathers in undeveloped sites in National Forests to pray for peace and discuss environmental and other issues. Its annual gatherings near July 4 usually attract 20,000 participants. The court rejected First Amendment overbreadth, free exercise and RFRA challenges to the regulations. It held that the permit requirements are facially neutral laws of general application and do not substantially burden the practice of plaintiff's religion. The court also rejected selective prosecution claims and a number of other bases for relief.

Ahmadis Zoning Denial Leads To Suit Against Maryland Town

In Baltimore, Maryland yesterday, developer David Moxley filed a lawsuit in federal court challenging the decision of the Walkersville (MD) Board of Zoning Appeals to deny a special exception to land use restrictions sought by the Ahmadiyya Muslim Community USA. Moxley had planned to sell the Ahmadis 224 acres of land for $6 million for them to use to build a mosque and living quarters for its imam. Yesterday's Baltimore Sun reports that the zoning board's denial was based on a desire to preserve farm land and concern about the crowd of thousands that attends the group's annual, three-day national convention. The complaint alleges that the zoning board violated the Ahmadis free exercise and equal protection rights, violated RLUIPA, the federal Fair Housing Act and the Maryland Constitution's Declaration of Rights. The suit also alleges that the town's mayor and town commissioners conspired to block the mosque construction by adopting new land-use restrictions barring places of worship on land zoned for agriculture. (See prior related posting.) [Thanks to Roman Storzer for the lead.]

Israeli Court-Approved Compromise On Autopsies May Be Solution To Future Cases

Arutz Sheva today reports on an interesting compromise worked out in the courts last week that may act as precedent in dealing with religious objections to autopsies. After the wife of the rabbi of the Yemenite Jewish community is the city of Ashkelon was murdered, authorities insisted they needed an autopsy to determine the cause of death. A magistrate's court rejected the family's religious objections, but while an appeal was pending in the Supreme Court a compromise was proposed-- perform a non-invasive MRI autopsy. After a great deal of bureaucratic "buck-passing", everyone agreed and the procedure was performed at Hadassah Ein Kerem Hospital in Jerusalem. The Supreme Court rejected an attempt by the prosecution to follow the MRI with a traditional autopsy in order to check the accuracy of the MRI procedure.

Church Sues To Challenge Zoning Denial

The Danbury (CT) News-Times today reports that a Christian congregation, His Vineyard, Inc., has filed suit in state court-- apparently under RLUIPA-- challenging Danbury's denial of a request for a variance. The church wants to build in an area zoned industrial. The Zoning Board denied the request because it wants to keep industrial areas for economic development. However the church says it should be treated the same as hotels which are permitted in industrial areas, since both are places of public assembly.

Recent Prisoner Free Exercise Cases

In Tyson v. Guisto, 2008 U.S. Dist. LEXIS 49528 (D OR, June 27, 2008), an Oregon federal district court rejected claims by two Muslim prisoners that their rights under the First Amendment and RLUIPA were violated when authorities temporarily held Jum'ah prayers on Sunday instead of Friday, did not hire an Imam, and allowed non-Muslims to prepare Halal meals.

In Campbell v. Cornell Corrections of Rhode Island, Inc., 2008 U.S. Dist. LEXIS 49191 (D RI, June 27, 2008), a Rastafarian prisoner sued because he was denied a vegetarian diet as required by his religious beliefs. The court held that at this stage of the litigation, there is such a lack of evidence on plaintiff's First Amendment claim that neither party is entitled to judgment as a matter of law. The court rejected plaintiff's Eighth Amendment claim.

In Ransom v. Johnson, 2008 U.S. Dist. LEXIS 49378 (ED CA, June 18, 2008), a California federal magistrate judge recommended that a Muslim prisoner's motion for summary judgment be denied on his First Amendment claim that he was not permitted to attend communal prayer while in "C-status"-- designed to limit the movements inmates who were unwilling to comply with prison rules.

In Contreraz v. Adams, 2008 U.S. Dist. LEXIS 49150 (ED CA, June 11, 2008), a California federal magistrate judge dismissed, with leave to amend, a complaint filed by a Native American prisoner who was a member of the "Olin Pyramid" religion. Plaintiff claimed he had been denied religious dietary modifications and an exemption from the grooming standards. However his 323-page complaint violated pleading rules and failed to link any specific defendant with a specific constitutional violation.

EC Adopts Anti-Discrimination Directive

On July 2, the European Commission announced its adoption of a proposed anti-discrimination directive that broadly prohibits discrimination on various grounds, including religion. The EC announcement read in part:

the Commission adopted a proposal for a directive which provides for protection from discrimination on grounds of age, disability, sexual orientation and religion or belief beyond the workplace. This new directive would ensure equal treatment in the areas of social protection, including social security and health care, education and access to and supply of goods and services which are commercially available to the public, including housing....

The law will prohibit direct and indirect discrimination as well as harassment and victimisation.... The directive will only apply to private persons in so far as they are performing their commercial activities or professional. Also, Member States will remain free to maintain measures ensuring the secular nature of the State or concerning the status and activities of religious organisations.