NY Court Upholds Sex offender Residence Limits Over Free Exercise Challenge

In People v. Oberlander, 2008 N.Y. Misc. LEXIS 4111 (Sup. Ct. Rockland Co., June 18, 2008), a New York trial court rejected a free exercise challenge by plaintiff to a violation of probation order that had been issued against him. Yoel Oberlander moved to an area that was off imits to convicted sex offenders. He claimed that as an observant Orthodox Jew he needed to live within walking distance of a synagogue, and that he could find no permissible site in the Town of Ramapo, his selected town, that met this requirement. The court however rejected his claim, stating: "The defendant's 'need' to live in Ramapo is no stronger than those of the potential victims within the town that share the same religious beliefs. The State has validly exercised its police powers to protect vulnerable citizens of all religions, in Ramapo, and throughout Rockland County. Undoubtedly, a compelling government interest in the legislation has been demonstrated."

Israeli President Gets Close-By Olympic Hotel To Observe Sabbath

Haaretz reported last week that the government of China has agreed to permit Israeli President Shimon Peres to stay in a hotel within the Olympic complex so he can attend the August 8 opening ceremonies for the games without having to ride on Friday evening after the start of the Jewish Sabbath. Other world leaders attending the games will be staying farther away. [Thanks to Joel Katz for the lead.]

Kentucky Governor Supports "In God We Trust"License Plates At No Added Cost

Kentucky's Governor Steve Beshear says he will press next year for legislation authorizing an "In God We Trust" license plate to be available at the same cost as regular plates. Yesterday's Louisville Courier-Journal reports that the governor's call came after a bill to authorize plates with the national motto on them failed to pass the state Senate this year. Originally the state's transportation officials expressed concern about the added cost of producing the plates, but now Transportation Secretary Joe Prather supports the governor's position. Earlier this year, the state's Transportation Cabinet rejected a proposal by an anti-pornography group to have the "In God We Trust" plates issued as specialty plates to support their cause.

Australian Court Strikes Down Youth Day Protest Limits As Visitors Are Welcomed With Condoms

SX News reports that Australia's Federal Court today struck down a New South Wales law prohibiting annoying participants in World Youth Day events. The court held that the new law unconstitutionally chills speech. The 6-days of events for World Youth Day-- including the visit of Pope Benedict XVI-- begin today. The Straits Times reports that members of the NoToPope Coalition who disagree with Church's opposition to the use of condoms will send a welcome letter accompanied by condoms to 325 places where pilgrims are being housed. The letter reads in part: "'In handing you these condoms, our coalition is saying that the pope's policy on condoms is a death sentence for millions within Africa." Apparently protesters learned where to send the letters by examining the list of places covered by the new law furnished to the Federal Court last week by the New South Wales government.

UPDATE: Australian Business (July 18) reports extensively on the court hearing leading to the invalidation of the NSW World Youth Day 2008 Regulation. Apparently the court's holding was a statutory one-- that the regulation exceeded the authority granted by the World Youth Day Act, using the presumption that parliament did not intend to authorize rules that would interfere with the exercise of fundamental free free speech rights.

Closed Church Can Challenge Lifting of Property Tax Exemption

In Boston, a Suffolk Superior Court judge refused to dismiss completely a challenge by the Boston Catholic archdiocese in a property tax case. Today's Quincy (MA) Patriot Ledger reports that assessors removed the tax exemption for St. Frances X. Cabrini Church in Scituate in 2005 because it had been closed (and is occupied by protesters trying to reopen it). The archdiocese argues that it still owns the church, so under canon law it is an exempt "a sacred place designated for divine worship." The court held that the archdiocese could move ahead with its First Amendment challenge as to 2007 taxes, but that it missed the filing deadline to challenge 2006 taxes.

In Wisconsin, Increasing Citations ofAmish For Regulatory Violations

Yesterday's Milwaukee Journal-Sentinel reports on the growing number of citations in Wisconsin of members of the Amish sect for refusal to comply with various regulatory provisions. In the most recent case, three brothers were fined for not wearing bright orange clothing while deer hunting. The court rejected a religious freedom defense, finding that nothing in the Amish religion requires its members to hunt deer. Other cases have involved building permits, licensing of a candy and jam business, and livestock premise registration. The clashes have increased as Amish move into new areas where officials have little experience in working with them. The Wisconsin Supreme Court has ruled that a "least restrictive alternative" test is to be used in examining free exercise claims under state law (State v. Miller, 202 Wis.2d 56 (WI Sup. Ct. 1996 [LEXIS link])

Spanish Police Apologize To Sikh For Airport Treatment

Jaswant Singh Judge, a Sikh living in London, has received an apology from Spain's police, the Guardia Civil. Police authorities at Spain's Tenerife airport insisted that Judge remove his turban while going through a security check. Sikh Sangat News reported yesterday that after an investigation into the incident, Chief of Guardia Civil wrote Judge apologizing for the infringement of his religious beliefs. The letter said that while for security reasons passengers are sometimes asked to remove various items they are wearing, in the future the religious concerns of Sikhs will be taken into account.

Recently Scholarly Articles of Interest

From SSRN:

• Keith N. Hylton, Yulia Rodionova, & Fei Deng, Church and State: An Economic Analysis (July 7, 2008).
• Manisuli Ssenyonjo, The Islamic Veil and Freedom of Religion, the Rights to Education and Work: A Survey of Recent International and National Cases (Chinese Journal of International Law, Vol. 6, Issue 3, pp. 653-710, Nov. 2007).
• Meghaan McElroy, Possession is Nine Tenths of the Law: But Who Really Owns a Church's Property in the Wake of a Religious Split within a Hierarchical Church? (William & Mary Law Review, Vol. 50, 2008).

From Bepress:

• Chaim Saiman, Public Law, Private Law, and Legal Science, (Villanova University Legal Working Paper Series, No. 121, July 2008).

From SmartCILP and elsewhere:

• Richard J. Ross, The Career of Puritan Jurisprudence, 26 Law & History Review 227-258 (2008).
• Mark Strasser, Death By a Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions of Higher Learning, [Abstract], 56 Buffalo Law Review 353-408 (2008).
• Adrien Katherine Wing, Twenty-First-Century Loving: Nationality, Gender, and Religion in the Muslim World, 76 Fordham Law Review 2895-2905 (2008).
• Thomas C. Berg, Ministers, Minimum Wages, and Church Autonomy, 9 Engage 135-39 (June 2008).
• Carl H. Esbeck, The Application of RFRA to Override Employment Non-Discrimination Clauses Embedded in Federal Social Service Programs, 9 Engage 140-44 (June 2008).
• Raymond Tittman, Homeschooling Battle in California, 9 Engage 145-47 (June 2008).

Ohio Charter School Plans Carefully To Remain Secular

Friday's Toledo Blade reports on interesting arrangements for a new publicly funded charter school in Toldeo, Ohio for 6th, 7th and 8th grade boys. Knight Academy will be affiliated with a local Catholic high school, St. Francis de Sales, and will share some of the Catholic school's facilities and faculty. However the new charter school, with its own board of directors, will not have a religious mission. It is formally sponsored by the secular Buckeye Community Hope Foundation which has been approved by the Ohio Board of Education as a sponsor of other charter schools around the state. Knight Academy backers have purchased a former synagogue building to house the school. Part of the planned building renovations include concealing religious symbols and inscriptions on the current building, including a prominent quotation from the Biblical Book of Amos carved over the front entrance reading "Seek Ye The Lord And Ye Shall Live."

More Details On Last Year's New Jersey School Proselytization Case Revealed

Last year, the Kearny, New Jersey, Board of Education settled a threatened lawsuit by the parents of high schooler Matthew LaClair. The LaClairs complained about in-class proselytizing by Matthew's history teacher, David Paszkiewicz. Matthew had recorded his teacher saying that students who do not accept Jesus belong in Hell, that the "Big Bang" theory is unscientific and that dinosaurs were on Noah's Ark. (See prior posting.)

Today's Worcester (MA) Telegram reports new details on the incident as Matthew spoke at the annual summer outing of the Greater Worcester Humanists. He told of a tense meeting with the school principal, the teacher and the head of the school's history department which LaClairs parents were not allowed to attend. The teacher denied charges and said many of Matthew's quotes took what he said out of context. Paszkiewicz also said he needed his teaching job because he had four children, one of whom had kindey disease. According to LaClair: "It was almost like he was saying that I’d be killing the kid, if I continued to push forward with my complaint."

Court Rejects Free Exercise Claims of 9-11 Families Seeking Move of Sifted Debris

In WTC Families for a Proper Burial, Inc. v. City of New York, 2008 U.S. Dist. LEXIS 51994 (SDNY, July 7, 2008), a New York federal district court rejected an attempt by families of 1100 unrecovered 9-11 victims to force the city of New York to move finely-sifted World Trade Center debris (in which no remains are identifiable) from the city's Fresh Kills landfill to a new location that would be created as a cemetery. The city claims that the costs of such a plan would be prohibitive. After moving to the merits, despite questions about standing, the court held that plaintiffs' Free Exercise rights to bury their loved ones in accordance with their religious beliefs had not been violated. The court concluded that the city's decisions on handling the remains passed both a "rational basis" and "compelling interest" test. The city's purpose was not to infringe anyone's religious sensibilities. An incidental burden imposed by a general rule or policy does not violate religious rights. The court also rejected due process claims and claims under the state's conservation and burial laws. The New York Times last week reported on the decision.

Tibetan Monastary Still Surrounded By Chinese Troops

London's Times Online today reports that in Tibet, China's army continues to seal off Drepung, the largest Buddhist monastery in the country, four months after widespread anti-Chinese riots. (See prior posting.) Many of Deprung's monks were identified as having taken part in the protests against China's policies in Tibet. However some Tibetan monasteries have begun to cooperate with Chinese officials. The 500 monks in Lhasa's Sera monastery have joined with authorities to form an "administrative committee" to supervise the monastery.

US Policy Generally Precludes Immigration Raids On Churches

AP reported yesterday that the unofficial policy of the U.S. Immigration and Customs Enforcement agency is to avoid immigration raids on churches, even though illegal immigrants are using them for sanctuary. The only exception is where immigrants taking sanctuary publicly defy federal authorities in a way that makes enforcement officials look lax in their duties. The same unofficial policy against immigration raids applies to schools and playgrounds. Meanwhile yesterday's New York Times reports on activities of St. Bridget's Roman Catholic Church in Postville, Iowa which is sheltering many immigrant families after a large scale immigration raid on the local Agriprocessors meat packing plant in May. (See prior posting.)

California Home School Case May Now Be Moot

In California, the future of a pending reconsideration of a home schooling case is now in doubt. In a controversial March decision, a state court of appeals held that parents could not home school their children without hiring a credentialed tutor. It rejected a claim that the Free Exercise clause gives parents the right to home school. The court then agreed to reconsider its decision. On Thursday, a family court terminated its jurisdiction over the two children whose case led to the home school ruling. Today's Los Angeles Times reports that this could moot the case.

Ruling on Release of Secret Service Records Found Not Yet Appealable

Yesterday, in a case seeking release of White House visitor records, the D.C. Circuit Court of Appeals held that a district court order issued last December is neither an appealable final order, nor is it an appealable interlocutory order. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, July 11, 2008), the court held the lower court's determination that Secret Service visitor logs are "agency records" under the Freedom of Information Act does not end the case because the government can still assert that various exemptions are applicable. At issue is an attempt by Citizens for Responsibility and Ethics in Washington to learn how often nine prominent conservative Christian leaders visited the White House or the Vice President’s office. AP reports on the decision. (See prior related posting).

"Mahr" Held Not A Valid Pre-Nuptial Agreement

In Zawahiri v. Alwattar, (OH Ct. App., July 10, 2008), an Ohio court of appeals affirmed a Columbus, Ohio domestic relations court's refusal, in a divorce action between a Muslim couple, to enforce the "mahr" (dowry). Under Islamic law, the mahr must be part of the marriage contract. The mahr, signed by the bride and groom during the wedding ceremony, included an agreement for husband Mohammad Zawahiri to pay his wife, Raghad Alwattar, $25,000 in case of divorce or Zawahiri's death. The trial court refused to enforce the mahr, holding that the Establishment Clause of the Ohio Constitution bars it from enforcing a contract that requires performance of a religious act. The trial court also held that the mahr was not a valid pre-nuptial agreement. The court of appeals held that the mahr contract— rushed into just hours before the wedding ceremony-- is not a valid pre-nuptial agreement. That being the case, the court said that the Establishment Clause challenge is moot.

France Denies Muslim Woman Citizenship Because of Her Non-French Values

Last month, France's Council of State issued a decision upholding the denial of French citizenship to a Muslim woman because of her fundamentalist religious practices. The Council, France’s highest administrative tribunal, said that Faiza Maabchour’s lifestyle is "not compatible with the essential values of the French community, notably the principle of gender equality." The 32-year old woman covers herself from head to toe in a burqa. Social service reports say she lives in "total submission" to her husband. Apparently she is the first person denied French citizenship on the grounds of cultural behavior. Lengthy reports on the case are carried today by UAE's The National, Britain's Guardian, and the Wall Street Journal.

Mention of Satanism Held Not Enough To Reverse Priest's Murder Conviction

In State of Ohio v. Robinson, (OH Ct. App., July 11, 2008), an Ohio state appellate court affirmed the conviction of former Catholic priest Gerald Robinson who, in 2006, was convicted of a bizarre 1980 murder of a nun. Sister Margaret Ann Pahl's body was found in the sacristy of a Catholic hospital in Toledo, Ohio, strangled and then stabbed 31 times. Investigators eventually found 9 stab wounds to her chest were made through an altar cloth in the shape of an upside down cross. In a 95-page opinion, the court rejected eight challenges to Robinson's conviction, including a claim that the state improperly injected "Satanism" into the trial through the testimony of expert witness, Father Jeffrey Grob. Robinson argued that the state tried to stereotype him as an "Antichrist" and establish that there was "a satanic motivation" for the murder. However, closely examining the evidence, the court held that this was not the state’s theory. Rather Father Grob saw the crime scene as displaying an attempt to mock Sister Pahl’s life of devotion to Christ. Today’s Toledo Blade reports on the decision.

Court Rejects Amish Free Exercise Challenge to Buggy Emblem Requirement

A story from the Paducah Sun reports today that in Mayfield, Kentucky, a state circuit court judge upheld the conviction of three Amish men for refusing to display slow-moving vehicle emblems on their horse-drawn buggies. The court, in its decision on Thursday, held that the requirement is a neutral law of general application, not specifically directed at the Amish, so it does not violate the defendants' free exercise rights. [Revised]

UPDATE: AP reports on July 12 that the ACLU will defend another group of similar charges against Amish men in Mayfield.

Israeli Prison Rabbis Report Successes In Obtaining "Gets" For Wives

In Israel, government authorities are taking strong action against estranged husbands who refuse to sign a "get" (Jewish divorce document) granting their wives a religious divorce. In some cases, religious courts order the men to jail until they sign. Rabbis in the Israel Prison Service say they have been successful recently in convincing four husbands to sign. Arutz Sheva reports today that "a new arrangement that could help is being pursued, in the form of a special room in the prison where rabbinical court representatives will be able to arrange a get. This will avoid the trip to the courtroom in which prisoners sometimes change their minds."