Florida County Tells Police That Humane Animal Sacrifice Is Protected

In Florida, adherents of Santeria are pleased that Miami-Dade County police officials have included a reminder in their Law Enforcement Handbook that humane killing of animals in religious ceremonies is protected by the U.S. Constitution. McClatchy Newspapers report today that Broward and Palm Beach counties are less tolerant of animal sacrifices by Santeria priests than is Miami-Dade. Lt. Sherry Schlueter, head of the Broward Sheriff''s Office special victims and family crimes unit agrees that animal sacrifices are legal so long as the killing is done humanely.

Beijing's Jewish Community Works With China's Relgious Regulations

Thursday's Forward reports from China on the 1,500-member Jewish community in Beijing and how it deals with China's regulation of religious activities. In the 1970’s, a small group of liberal North American Jews came to Beijing and founded a progressive congregation called Kehillat Beijing. They were later followed by more traditional Jews from Europe and the Soviet Union, and a Chabad rabbi arrived to serve their needs in 2001. Chabad Rabbi Shimon Freundlich says, "We try to fly below the radar." Technically the synagogue is in Freundlich’s home since Chinese regulations prohibit free-standing religious buildings. Government permission is needed to import Hebrew prayer books. Only holders of foreign passports are allowed by Chabad to attend its services or its cultural events. Chabad does not publicly advertise its activities, and Freundlich discourages inquiries about conversion from Chinese citizens. A ritual slaughterer flies in every 3 month to kosher-slaughter beef and chicken. Beijing’s only kosher restaurant, which opened last year, will have plenty of food for Olympic visitors this month.

Was Israeli Law Broken When Obama's Note Was Taken From Western Wall?

An article in yesterday's Slate magazine analyzes whether any laws were broken when a seminary student in Israel took Barack Obama's prayer note from the Western Wall and turned it over to Maariv, an Israeli newspaper. (See prior posting.) The writer concludes that the action violated several aspects of Talmudic law. On the civil law side, one lawyer has called for an investigation of whether the action violated laws protecting sacred sites and guaranteeing personal privacy. Slate comments:

Maariv could make the case that the note isn't part of the Western Wall itself, so the student who took it wasn't desecrating a holy place. The newspaper's lawyers might further argue that a public figure like Obama cannot have reasonably expected privacy at the wall, since he knew it was a public area, and that there was a chance his note would be read and disseminated. (A spokesman for Maariv says that the Obama campaign submitted the note to the newspaper, in which case the senator would indeed have forfeited all legal protection to privacy.)

Indian Police Arrest Kangaroo Court That Executed Husband In Mixed Marriage

The Howrah News Service out of the Indian state of West Bengal reports that police in the village of Lakshmanpur in Berhampore have arrested three men who acted as a kangaroo court and imposed a death sentence on Sailendra Prasad, a non-Muslim man who married a Muslim woman. Prasad hid his true religion when he married Manera Bibi, but disclosed it later on at a time when he was drunk. Prasad's in-laws, upset at his drinking habits, disclosed the unauthorized mixed marriage to the village's self-styled "judge" who then convened the court that imposed and carried out the sentence.

Court Upholds School's Objections To Religious Remarks In Graduation Speech

In Corder v. Lewis Palmer School District No. 38, (D CO, July 30, 2008), a Colorado federal district court upheld the actions of a high school principal who, in 2006, forced a student graduation speaker to apologize for including unauthorized religious material in her 30-second portion of a joint graduation speech by 15 valedictorians. Then-student Erica Corder's intentionally excluded the religious portion of her remarks from a draft submitted in advance to the principal, knowing that they would not be approved. Rejecting Corder's First Amendment claims, the court held that:

the valedictorian speech at the school's graduation was not private speech in a limited public forum but rather school-sponsored speech.... Accordingly, school officials were entitled to regulate the content of the speeches in a reasonable manner.... The graduation ceremony clearly bears the imprimatur of the school, as it was sponsored, organized, and supervised by school officials.

The court also held that a Colorado statute declaring that public school students have the right to freedom of speech was intended to apply only to student publications, and, in any event, would not preclude schools from regulating speech that could violate the Establishment Clause. Finally the court concluded that the principal was justified in requiring Corder to apologize, and that this did not amount to unconstitutional coercion of speech. (See prior related posting.)

Plaintiffs Win In Two Cases Charging Anti-Semitic Harassment In Employment

In Cutler v. Dorn, (NJ Sup. Ct., July 31, 2008), the New Jersey Supreme Court held that under the state's Law Against Discrimination, religious-based harassment that creates a hostile work environment is judged by the same standards as are claims of a sexual or racial harassment. At issue were anti-Semitic statements made by co-workers and supervisors of police patrolman Jason Cutler. The court concluded that sufficient evidence was presented at trial for the jury to conclude that Cutler suffered severe or pervasive harassment.

In another religious discrimination case this week, the New York Times reports that last Monday a federal court jury in New York awarded $735,000 in actual and punitive damages to a former employee of the Triborough Bridge and Tunnel Authority who claimed anti-Semitic harassment by his supervisor. Plaintiff Gregory Fishman alleged that he was denied time off for knee surgery, was passed over for promotion, because of his religion. He also claims he was demoted after filing a discrimination complaint. He finally left his job because of the harassment. [Thanks to Steve Sheinberg for the lead.]

11th Circuit Orders Recognition of Christian Fraternity By UF Pending Appeal

In May 2008, a Florida federal district court in Beta Upsilon Chi v. Machen, 2008 U.S. Dist. LEXIS 42653 (ND FL, May 28, 2008), refused to issue a preliminary injunction against the University of Florida in a lawsuit by Beta Upsilon Chi, a Christian fraternity. BYX challenged the University's refusal to grant it recognition as a student group. The University's action was based on the school's non-discrimination policy that prohibits religious discrimination by registered student organizations. BYX requires its members to believe in Jesus Christ. The district court held that since the University policy allows the fraternity to limit its leadership to professing Christians, merely requiring non-discrimination as to members does not pose a burden on the fraternity's expressive associational rights. It said: "BYX has failed to show that the forced inclusion of a non-Christian in their group meetings or other functions will prevent BYX from encouraging their Christian members in their faith, fostering unity with like-minded Christians, and teaching Christian leadership."

BYX filed an appeal with the 11th Circuit. On Wednesday, according to an AP report, the Court of Appeals granted an injunction (full text) ordering the University to grant recognition to the fraternity while its appeal is pending. A release by Alliance Defense Fund says the a motion for summary judgment is still pending in district court as well. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Leader of Christian Group Demands Removal of Georgia Guidestones Monument

Mark Dice, leader of a Christian group known as The Resistance, is pressing the town of Elberton, Georgia to remove a 19-foot tall granite monument that sets out "ten guidestones" to an age of reason in eight different languages. The Georgia Guidestones Monument is a tourist attraction. A release by the Elberton Chamber of Commerce says that the monument is located on county property and was constructed in 1980 after being commissioned by a man that identified himself only as R.C. Christian. Elberton is the granite capital of the world. According to a WorldNet Daily report earlier this week, Dice argues that the monument contains pagan, New Age and satanic themes. He says: "We have atheists and Satanists getting the Bible’s 10 commandments removed from public property, yet the satanic Georgia Guidestones have stood for decades, and nobody seems to care. Well, we do." [Thanks to Dispatches from the Culture Wars for the lead.]

UPDATE: Comments posted below by Bill Poser support strongly the conclusion that the Guidestones Monument is in fact on private property, and that the press release indicating otherwise is in fact a release by The Resistance, not by the Elberton Chamber of Commerce.

RICO Lawsuit Filed Against Church of Scientology

Today's New York Daily News reports that Scientology critic Peter Letterese has filed a $250 million federal lawsuit under the Racketeer Influenced and Corrupt Organizations statute against the Church of Scientology and a number of related organizations and individuals. Among those named in the lawsuit is actor Tom Cruise who, it is claimed, helped fund the Church's activities. The suit was filed in the Southern District of Florida on July 15. The 80-page complaint (full text) alleges that behind the apparent religious activities of various Scientology-related organizations is an elaborate criminal syndicate which sought to infringe intellectual property rights to a book by author Leslie Dane. Letterese bought the rights to the book in question from Dane's estate. Earlier this month in Peter Letteresse & Associates, Inc. v. World Institute of Scientology Enterprises, (11th Cir., July 8, 2008), the U.S. 11th Circuit Court of Appeals upheld a "fair use" defense as to some, but not all, of Scientology's uses of Dane's book.

"Defamation of Religions" Campaign Discussed In Congress, By Magazine

Macleans Magazine last week carried a long article on efforts by the Organization of the Islamic Conference make "defamation of religions" an offense under international law. It says in part:

The trend has rights advocates worried.... Defamation laws traditionally protect individual people from being materially harmed by the dissemination of falsehoods. But "defamation of religions" is not about protecting individual believers from damage to their reputations caused by false statements — but rather about protecting a religion, or some interpretation of it, or the feelings of the followers. While a traditional defence in a defamation lawsuit is that the accused was merely telling the truth, religions by definition present competing claims on the truth, and one person's religious truth is easily another's apostasy. "Truth" is no defence in such cases. The subjective perception of insult is what matters, and what puts the whole approach on a collision course with the human rights regime — especially in countries with an official state religion.

The article builds on testimony offered at a July 11 off-the-record briefing presented by the Congressional Human Rights Caucus Task Force on International Religious Freedom titled "Taboos" on Freedom of Religion and Expression at the United Nations: How Religious Defamation Resolutions are Setting a Dangerous Precedent. (Announcement of briefing.) Among those those making presentations were Becket Fund's Angela Wu, whose Issue Brief on the topic is available online. Earlier this week, Becket Fund issued a press release on the Macleans article.

Democratic Convention Reaching Out To Faith Communities, With Some Objections

The Democratic Party continues its efforts to reach out to faith communities in connection with its upcoming Denver Convention. (See prior posting.) According to a story on the Convention's official website, on July 25, marking one month before the start of the gathering, members of Colorado Ute Indian tribes performed a Native American blessing outside the Pepsi Center where the Convention will be held. The first official event of the Convention will be an interfaith gathering on Sunday, August 24 at the Wells Fargo Theater in downtown Denver. The Secular Coalition for America, however, issued a release expressing dismay at the exclusion of "tens of millions of American voters who are nontheists." It says it has written Convention CEO Leah Daughtry suggesting that the interfaith event will be divisive, and seeking to discuss ways to make the Convention more inclusive. Apparently Daughtry is taking the secularists' concern seriously.

Bulgaria Targets Unregistred Religious Groups

Bulgaria's Law on Religions requires that religious organizations be registered in order to operate in the country. The Sofia News Agency reports today that the Supreme Administrative Prosecutor's Office has asked a court to terminate the activities of five unregistered organizations that are engaging in religious activities under the guise of humanitarian or educational goals.

US Agency Calls For President To Press China On Religious Freedom

Yesterday the U.S. Commission on International Religious Freedom held a joint press conference with the Congressional Human Rights Caucus at which it called for President Bush to speak out publicly on human rights during his trip to the Beijing Olympics. (Press release). Pointing particularly to repressive measures taken by the Chinese government against Tibetan Buddhist monks and nuns as well as against Protestant and Catholic groups in China, USCIRF suggested seven specific high profile steps that President Bush could take while in China.

Meanwhile, the International Campaign for Tibet published an English translation of an official government document that outlines new measures to be taken against Buddhist monasteries and monks in Tibet in the wake of protests against Chinese rule. The document, issued by the Kardze Tibetan Autonomous Prefecture in Sichuan province, calls for measures that are characterized by Tibetans as reminiscent of China's Cultural Revolution. (See prior related posting.)

New Lawsuit Challenges New York's Enforcement of Kosher Inspection Laws

Four months after filing a similar lawsuit (see prior posting), Long Island (NY) kosher butcher Brian Yarmeisch has filed a new federal lawsuit challenging the manner in which New York state enforces its kosher food laws. Yesterday's New York Jewish Week reports that Yarmeisch seeks a preliminary injunction to prevent the state from continuing to enforce portions of its Agriculture and Markets Law. This comes as the state has not yet responded to the March lawsuit. Yarmeisch believes that New York's Kosher Law Protection Act of 2004 merely requires that he post the name of the person who supervises the kosher status of products he sells. However state inspectors have continued to visit his premises to look at whether the prepared food items he sells contain only ingredients that were certified as kosher. At issue are differences between Orthodox and Conservative rabbis over whether items such as vegetables, dairy products and certain wines must actually carry a kosher certification in order to be used.

Turkey's Ruling Party Avoids Dissolution For Anti-Secular Activities In Close Court Decision

Media around the world, including the New York Times and London's Guardian, are reporting on Wednesday's decision by Turkey's Constitutional Court that stopped short of ordering dissolution of the ruling AK (Justice and Development) Party that had been charged with "becoming a focal point of anti-secular activity." (See prior posting.) Instead the court voted to cut the public funding of the AK Party in half, and to issue a "serious warning" to it about its moves-- particularly attempts to permit women to wear the hijab on university campuses-- which are seen as undermining the secular principles on which the country was founded. Tuesday's Wall Street Journal carried a backgrounder on the secular roots created by the country's founder, Mustafa Kemal Ataturk. The AKP's loss of state funding is expected to be made up by private contributions from supporters.

Today's Zaman gives more detailed information on Wednesday's court decision, and a backgrounder on the closure of political parties in Turkey. At the center of the decision are provisions in Articles 68 and 69 of Turkey's Constitution:

68(4)... The ... activities of political parties shall not be in conflict with the independence of the state, its indivisible integrity..., human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and secular republic...

69(7) The decision to dissolve a political party permanently owing to activities violating the provisions of the fourth paragraph of Article 68 may be rendered only when the Constitutional Court determines that the party in question has become a centre for the execution of such activities....

(8) Instead of dissolving them permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned party to be deprived of State aid wholly or in part with respect to intensity of the actions brought before the court.

In Wednesday's decision, 6 of the court's 11 judges voted to dissolve the party, one vote short of the 7 needed for dissolution. Four other judges voted to cut the AKP's state funding. Only Chief Justice Haşim Kılıç voted against imposing any sanctions. In announcing the Court's decision, the Chief Justice urged politicians to amend Turkish law to make it more difficult to bring cases seeking closure of political parties in order to avoid the kind of political crisis that this case has generated.

Chabad Wins On Challenge To Florida City's Zoning Rules

In Chabad of Nova, Inc. v. City of Cooper City, (SD FL, July 29, 2008), a Florida federal district court ruled in favor of an Orthodox Jewish Chabad group on most of its challenges to a Cooper City (FL)'s zoning restrictions imposed on houses of worship. The group was prevented from opening an Outreach Center in an area zoned for business. The court agreed with Chabad that portions of the city's regulations, both before and after they were amended in 2006, violate the Exclusion Provision of RLUIPA (Sec. 2(b)(3)(b)) which bans land use regulations that unreasonably limit religious assemblies in a local community. It also held that the city's prohibition of religious assemblies in Business Districts violates the Equal Protection Clause. Fianlly, the court refused to dismiss Chabad's First Amendment claims. Today's South Florida Sun-Sentinel reporting on the decision says that a trial is scheduled Monday on the issue of damages.

Korean Buddhists Complain About Treatment From Christian President

Today's Korea Times reports that Buddhists in South Korea are complaining that Korea's president, Lee Myung-bak, is responsible for disrespectful treatment of Buddhists. Lee, who took office in February 2008, is a Christian. In June, the Minister of Land, Transport and Maritime Affairs apologized after it was discovered that a travel information service his ministry provided did not include the location of Buddhist temples. The latest incident came yesterday as police insisted on searching the car of a Buddhist leader at the gate of Jogye Temple in Seoul. The Temple has been under police surveillance since organizers of a protest against US beef sought refuge there to avoid arrest.

Court Rejects Free Exercise Exemption From Law Numbered "666"

A Tennessee appellate court last week rejected a rather unusual free exercise challenge to the state's child support requirements. In Sherrod v. Tennessee Department of Human Services, (TN Ct. App., July 25, 2008), Michael Sherrod, a divorced father, refused to pay child support through the state's Central Child Support Receipting Unit. He argued that he would pay directly to his former wife, or to the court, but that because the central state agency was set up under a federal statute codified at 42 USC Sec. 666, payment through that entity would involve him in transmitting funds to a "Satanic entity" in violation of his religious beliefs. In support of his argument, Sherrod, a Born Again Christian and a Sunday School teacher, cited the Book of Revelation (13:18) where the number 666 is associated with the Mark of the Beast and the end of days. (Background.) The court, however, held that the state's statute is uniformly applicable and facially neutral as to religion. Therefore it is valid so long as it reasonably promotes a legitimate public purpose. The court found that standard to be satisfied.

Establishment Clause Challenge To Mt. Soledad Cross In Federal Hands Is Rejected

Yesterday, yet another decision was handed down in the long-running dispute over the Mt. Soledad Veterans Memorial in San Diego, California, and the large Cross that is part of the memorial. Trunk v. City of San Diego, (SD CA, July 29, 2008), was a challenge by Jewish War Veterans of America and four individuals who claimed that Congress violated the Establishment Clause when it acquired the Mt. Soledad memorial from the city of San Diego and preserved the memorial with the cross on it after it was acquired. In the case, a California federal district court judge rejected both of these arguments. The court found that Congress' primary purpose in acquiring the memorial was to preserve the site as a veterans' memorial, not to advance or favor a particular religion. It held further that maintaining the site with its cross has primarily a patriotic and nationalistic effect, rather than a religious one. The court rejected plaintiffs' contention that any display containing a Latin cross is inherently religious. Yesterday's San Diego Union-Tribune reported on the decision.

British City Charged With Religious Discrimination Over Internet Filters

In Britain, the National Secular Society is challenging the new Internet usage policy adopted by Birmingham City Council. BBC News reports that the city's new Bluecoat filtering software blocks city employees from viewing websites with content related to witchcraft, Satanism, occult practices, atheistic views, voodoo rituals or mysticism. National Secular Society president Terry Sanderson says the policy violates the Employment Equality (Religion or Belief) Regulations 2003 because it discriminates against atheists and followers of Wicca. Websites dealing with other religious beliefs are accessible to employees. [Thanks to Scott Mange for the lead.]

UPDATE: According to an Augl 15 release by the national Secular Society, the city of Birmingham says it does not intend to filter out websites dealing with atheism, and a new version of the filtering software it is using apparently allows them to exclude blockage of such sites.