Israel's Chief Rabbi Backs Off Appointing More Conversion Court Judges

In Israel, the ongoing battle over conversions to Judaism and the staffing of the government's conversion courts continues. Haaretz reports today that Chief Rabbi Shlomo Amar has backed off his agreement to appoint more judges to conversion courts. A year ago, a committee headed by Absorption Ministry Director General Erez Halfon recommended the increase in order to ease the backlog of conversions. After delays in approval of the report by the government, finally two weeks ago Amar indicated his agreement and even sent letters to 22 appointees. However the current 25 judges of religious courts filed an objection with the Civil Service Commission, and Amar refused to finally approve the new judges. Critics say the current judges' objections stem from their concern about loss of income. They are paid for each court session they hold. This often leads to their holding more than one court session to approve a conversion. New judges would cut down the number of cases handled by current judges, and would reduce their income.

Recent Prisoner Free Exercise Cases

In Hudson v. Dennehy, 2008 U.S. Dist. LEXIS 56789 (D MA, July 25, 2008), a Massachusetts federal district court awarded a Boston law firm $237,299.25 in attorneys' fees and $13,630.17 in costs in connection with litigation in which the firm successfully vindicated the right of Muslim prisoners in the prison's special management unit to have Halal meals and have access to Friday Ju'mah services through closed circuit television.

In Johnson v. Ohio Department of Rehabilitation & Corrections, 2008 U.S. Dist. LEXIS 56978 (SD OH, July 18, 2008), an Ohio federal magistrate judge recommended denial of a temporary restraining order in a Rastafarian inmate's challenge to Ohio prison regulations regarding hair length.

In Hatcher v. Bristol City Sheriff's Office, 2008 U.S. Dist. LEXIS 57267 (WD VA, July 29, 2008), a Virginia federal district court agreed with prison officials that an inmate could be denied a no-pork diet. the court held that plaintiff "admits that his desire to 'purify' himself so that he can read the Quran has nothing to do with his personal, religious beliefs, but rather, arises from his desire to grow closer to his Shiite father. The descriptions of [his] beliefs in this complaint simply do not demonstrate that a diet including pork substantially burdens his ability to practice those beliefs."

In Sheik v. Wosham, 2008 U.S. Dist. LEXIS 57295 (ED MO, July 24, 2008), a Missouri federal district court rejected an inmate's complaints about the prison's policy of "referring to him as 'Mark S. Moore a/k/a Sheik Mark Stanton Moore-El,' rather than 'Sheik Mark Stanton Moore-El a/k/a Mark S. Moore'." It also concluded that plaintiff failed to allege any "governmental policy or custom" that resulted in infringement of his right to practice his Ancient Canaanite Moorish religion.

In Hollins v. Gitzelle, 2008 U.S. Dist. LEXIS 57423 (WD WI, July 22, 2008), a Wisconsin federal district court permitted a Muslim inmate to proceed with claims that he was denied access to Muslim religious services and to Halal food.

In Cartwright v. Meade, 2008 U.S. Dist. LEXIS 58127 (WD VA, July 31, 2008), a Virginia federal district court upheld prison authorities' seizure of reading materials regarding the Five Percent Nation of Islam. Virginia prison officials had classified the group as a security threat, and its material as gang-related.

The Jackson Hole (WY) Star Tribune (July 30) reported on the settlement of a Native American inmate's lawsuit against the Wyoming State Penitentiary. Andrew Yellowbear Jr. agreed to drop his federal lawsuit after prison authorities agreed that he could possess four eagle feathers for religious purposes. This is a compromise between the 10 feathers that Yellowbear requested, and the one originally allowed by prison authorities.

Court Upholds Arizona Ban on Marijuana Against Religious Freedom Claim

In State of Arizona v. Hardesty, (AZ Ct. App., July 31, 2008), an Arizona appellate court rejected a criminal defendant's claim that Arizona's laws against marijuana possession violate his Free Exercise rights under the U.S. Constitution and Arizona's Free Exercise of Religion Act. Defendant is a practicing member of the Church of Cognizance that believes in unlimited use of marijuana to obtain spiritual enlightenment. The court held that Arizona's marijuana laws are neutral laws of general applicability and therefore survive a 1st Amendment challenge. The court also held that Arizona's uniform ban on marijuana is the least restrictive means for the state to vindicate its compelling interest in protecting health and welfare, so the ban is not precluded by Arizona's Free Exercise of Religion Act.

Turkey's AKP Will Not Push For End To Headscarf Ban

Time reported last week that Turkey's ruling Justice and Development Party (AKP) has decided that it will not, at least for now, press for new legislation to end the country's long-standing ban on women wearing Muslim headscarves at universities. The decision was made known by Deputy Prime Minister Cemil Cicek on Thursday, one day after Turkey's Constitutional Court reduced government funding to the AKP-- but did not dissolve the party-- because of its anti-secularist agenda. (See prior posting.)

Catholic Lay Group Condemns KofC For Not Expelling Politicians For Thier Views

The lay organization, Concerned Roman Catholics of America has issued a press release condemning the Knights of Columbus for failing to expel "pro-abortion and pro-homosexual politicians." The group is particularly concerned about a number of members of the Massachusetts legislature and their votes on issues of gay marriage.

Native American Church Member Wants Seized Peyote Returned

James "Flaming Eagle" Mooney is starting a letter-writing campaign to Congress in his attempt to get back from federal authorities some 15,000 peyote buttons that were seized from his Oklevueha Earthwalks church in Benjamin, Utah. (See prior posting.) In 2004, the Utah Supreme Court threw out a prosecution against Mooney, holding that Utah law permits the use of peyote by adherents of the Native American Church, even if they are not members of a federally recognized Indian tribe. (See prior posting). Federal law, however, limits peyote use to members of recognized tribes. Subsequently a federal lawsuit by Mooney seeking damages from the United States and the state of Utah was dismissed on sovereign immunity grounds. Friday's San Diego Union-Tribune reports that the U.S. Attorney's Office in Salt Lake City says that in ending the federal lawsuit, Mooney and his wife agreed that they will not possess or use peyote until Mooney qualifies as a member of a federally recognized tribe or a court rules that federal law permits his use of peyote. Mooney is relying on 1991 New Mexico federal district court decision that held limiting peyote use to recognized tribe members is a free exercise and equal protection violation.

Israeli Sanhedrin Condemns China's Repression of Falun Gong

In Israel in 2004, a group of rabbis recreated the Sanhedrin-- the traditional court of 71 rabbis that existed in ancient Israel. (See prior posting.) Canada Free Press reported on Saturday on a decision of the Sanhedrin, handed down on July 15, condemning the killing of Falun Gong adherents by China. The decision (full text) says: "Israeli Falun Gong practitioners, representing Falun Gong practitioners in the People’s Republic of China, lodged a complaint against the Government of the People’s Republic of China before the Sanhedrin sitting as The International Court of Justice, headed by Rabbi Adin Even Yisrael (Steinzalts) in the month of Tamuz 5767 [July 2007]." The opinion concludes:

[I]f the human rights issues are not addressed before the Olympic Games begin, we consider participation in them by athletes and by spectators and political leaders to be an indirect danger to world peace. With respect to other repression which the Government of the People’s Republic of China is alleged to be perpetrating or supporting, such as the Tibet Repression, the Darfur Massacres, the aid China is said to be giving to the development of nuclear weapons by North Korea – all these support the allegations of the Falun Gong practitioners regarding the attitude of the Government of the People’s Republic of China towards human life and the rights of
Nations.

EEOC Complaint: Muslim Woman Not Hired Because of Headscarf

On Thursday, the Oklahoma chapter of the Council on American-Islamic Relations announced that it had filed a complaint with the EEOC on behalf of a Muslim woman who was denied employment at Abercrombie & Fitch's Kids store. The complaint alleges that the store's district manager told the woman that she could not be hired because her Islamic headscarf "does not fit the Abercrombie image." [Thanks to Dallas Morning News blog for the lead.]

GBLT Anti-Discrimination Ordinance Challenged as Anti-Christian

Earlier this week, the Thomas More Law Center announced that it would represent a group of individuals, businesses and religious organizations who are challenging an anti-discrimination ordinance adopted by Hamtramck, Michigan city council in June. The ordinance prohibits discrimination on the basis of sexual orientation and gender identity or expression. (Detroit News.) Hamtramck Citizens Opposing "Special Rights" Discrimination appears particularly bothered by provisions that would protect transgender individuals in using rest rooms. The group has gathered enough signatures so that a proposal to overturn the ordinance will be on November's ballot. Richard Thompson, president of Thomas More Law Center, said: "These ordinances end up being used to bully and prosecute Christians who faithfully practice their religion." However Councilwomen Katrina Stakpoole who supports the ordinance called a rally held at city hall by its opponents a “hate rally."

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.