Colorado Local Commissions Debate Invocation Policies

Yesterday's Grand Junction (CO) Daily Sentinel reports that Grand Junction, Colorado City Council will consider a resolution at their meeting tomorrow under which the city clerk will randomly select spiritual leaders from local congregations to offer an invocation "according to the dictates of his/her own conscience." However, the person delivering the prayer will be asked that the invocation "not be exploited to proselytize a particular religious tenet or belief or aggressively advocate a specific religious creed or derogate another religious faith or to disparage any other faith of belief." Also the agenda for the meeting will state that the invocation is intended to "solemnize" the meeting, not to establish a particular religion, and will indicate that attendees may sit, stand or leave the room during the prayer. A local group, Western Colorado Atheists and Free Thinkers, has asked Council to eliminate the invocation and replace it with a moment of silence.

Meanwhile yesterday's Grand Junction Daily Sentinel reports that a Mesa County Commissioner (the county in which Grand Junction is located) is taking a different view. Under a policy adopted in 2005, one of the three Commissioners opens the County Commission meeting with a prayer which those in attendance are told they may join if they wish. Commissioner Janet Rowland yesterday ended her prayer "in the name of Jesus". Challenged at the meeting by a local resident, Rowland, who is in the midst of a primary contest for Republican nomination for a Commission seat, said: "I don't mind losing the election, but I do mind losing my faith or my belief in the Constitution."

Greek Court Acquits Missionary on Illegal Proselytizing Charges

Greece's Constitution and Greek law prohibit proselytizing, but define the ban narrowly. (Background.) Mission Network News today reports that, following that narrow interpretation, a court in Greece has acquitted a member of AMG International who had been charged with illegal proselytizing for handing out copies of the Gospel of Luke at a youth outreach event in 2004. Because the outreach event was open, and not covert or coercive, the court held that the ban did not apply.

D.C. Circuit Holds Navy Chaplains Lack Standing In Establishment Clause Case

In In re Navy Chaplaincy, (DC Cir., Aug. 1, 2008), the D.C. Circuit Court of Appeals, in a 2-1 decision, dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. Plaintiffs, however, did not allege that they suffered any discrimination, but rather that other chaplains did. They claimed taxpayer standing, and standing as persons who have been subjected to the Navy’s "message" of religious preference. The majority said:

Plaintiffs' argument would extend the religious display and prayer cases in a significant and unprecedented manner and eviscerate well-settled standing limitations. Under plaintiffs’ theory, every government action that allegedly violates the Establishment Clause could be re-characterized as a governmental message promoting religion. And therefore everyone who becomes aware of the "message" would have standing to sue.

Judge Rogers dissented, arguing that plaintiffs' membership in the Chaplains Corps gives them sufficient particularized injury to meet the Article III standing requirements. (See prior related posting.)

Westboro Baptist Church Fire Called Hate Crime By Church's Leader

On Saturday morning, according to a report by PageOneQ, a fire broke out at Topeka, Kansas Westboro Baptist Church causing from $10,000 to $30,000 damage. Westboro has gained national notoriety by its activities in picketing military funerals and other events with signs condemning America's tolerance for homosexuality. The Church's pastor, Fred Phelps, sent a hate crime complaint to the Justice Department and other law enforcement agencies on Sunday, charging that the fire was motivated by religious hatred. (WIBW). Meanwhile, in a message posted on You Tube, Phelps said: "This is the latest in a long line of criminal acts perpetrated against us by the mean-spirited citizens of this evil, hellbound nation." (PageOneQ report containing the YouTube clip.)

Florida Court Rejects Challenges To November Ballot Initiatives

In Ford v. Browning, (FL 2nd Cir. Ct., Aug. 4, 2008), a Florida trial court has rejected challenges to two initiatives placed on the November ballot by the state's Taxation and Budget Reform Commission. Initiative 7 proposes repeal of a provision in Florida's Constitution that bans use of public funds to aid any religious or sectarian institution. It also adds language barring exclusion of any person or institution from any public program because of religion. Initiative 9 changes language in Florida's constitution regarding public schools to essentially overrule an earlier state supreme court decision striking down school vouchers. The amendment also requires at least 65% of a district's school funding to be spent on classroom instruction. (See prior posting.)

The court held that the two ballot initiatives were within the authority of the Taxation and Budget Reform Commission since they both involve matters relating to taxation or the budgetary process. It also found that the title and ballot summary for Initiative 9 are not misleading to voters. The Florida Times-Union reports on the decision. Alliance Defense Fund issued a release supporting the court's decision. Americans United for Separation of Church and State announced it would appeal the ruling.

Spanish Lawsuit Seeks To Rehabilitate Reputation of Knights Templar

In Spain, a group claiming to be descended from the legendary Knights Templar has filed suit against the Vatican in an attempt to restore the The Templar's reputation. The Association of the Sovereign Order of the Temple of Christ has sued, asking the Vatican to recognize the seizure of assets worth 100 billion Euros by Pope Clement V. Yesterday's London Telegraph reports:

The Templars was a powerful secretive group of warrior monks founded by French knight Hugues de Payens after the First Crusade of 1099 to protect pilgrims en route to Jerusalem. They amassed enormous wealth and helped to finance wars waged by European monarchs, but spectacularly fell from grace after the Muslims reconquered the Holy Land in 1244 and rumours surfaced of their heretic practices. The Knights were accused of denying Jesus, worshipping icons of the devil in secret initiation ceremonies, and practising sodomy....

The legal move by the Spanish group ... follows the unprecedented step by the Vatican towards the rehabilitation of the group when last October it released copies of parchments recording the trials of the Knights between 1307 and 1312.... The Chinon parchment revealed that, contrary to historic belief, Clement V had declared the Templars were not heretics but disbanded the order anyway to maintain peace with their accuser, King Philip IV of France.

Court Says Defendant Did Not Show AA Meetings Were Religious

In State of Ohio v. Turner, (OH Ct. App., Aug. 1, 2008), an Ohio appellate court rejected an Establishment Clause challenge to mandatory attendance at Alcoholics Anonymous. The requirement was part of defendant's sentence for driving while intoxicated. The court held that defendant had not introduced sufficient evidence to prove the religious nature of the AA meetings involved.

Utah-Appointed Trustee For FLDS Is Seeking Control of Canadian School

The Toronto Globe and Mail today reports that Bruce Wisan, the special fiduciary appointed by a Utah state court to oversee the assets of the FLDS Church, is moving to take control of an FLDS school in Canada. Wisan has petitioned the British Columbia Supreme Court for permission to take over the Bountiful Elementary-Secondary School, a private school located outside Creston, B.C. Wisan wants the B.C. court to appoint him as trustee to run the school and take title to its assets in order to obtain an equitable distribution of FLDS assets in Canada. He alleges that the organization that runs the school operates it in trust for the UEP. School directors say school property was not acquired for the UEP trust. There is a split among FLDS members in Canada. Some follow former leader Warren Jeffs, while other are led by Canadian Winston Blackmore. (Background.) Jeffs followers have excluded followers of Blackmore from the school. (See prior related posting.)

South Carolina Legislator Says Lord's Prayer In New Display Law Is "Poison Pill"

Last month the Governor of South Carolina signed a bill permitting schools and local governments to post a Foundation of American Government display comprised of 12 documents, including the Ten Commandments and the Lord's Prayer. (See prior posting.) Yesterday's Augusta (GA) Chronicle carries a column by South Carolina state senator Shane Massey who was one of 12 members of the state Senate to vote against including the Lord's Prayer in the permitted documents. He says that the inclusion of the Lord's Prayer, added through an amendment offered by Sen. Brad Hutto, a Democratic opponent of the entire bill, is a "poison pill" that now makes the law "constitutionally suspect". The amendment, which Republicans found it difficult to vote against, was, Massey says, one of several offered in an attempt to kill the bill by opponents who originally objected to inclusion of the 10 Commandments in it.

Recently Scholarly Articles and New Book of Interest

From SSRN:

• Steven J. Heyman, Hate Speech, Public Discourse, and the First Amendment, (in Extreme Speech and Democracy, Ivan Hare, James Weinstein (eds.), Oxford University Press, Forthcoming).
• Maleiha Malik, Religious Freedom and Multiculturalism: R (Shabina Begum) V Denbigh High School, (King's Law Journal, Vol. 19, No. 2 (July 25, 2008)).

From SmartCILP and elsewhere:

• Adam Grieser, Peter Jacques & Richard Witmer, Reconsidering Religion Policy as Violence: Lyng v. Northwest Indian Cemetery Protective Association, 10 The Scholar: St. Mary's Law Review on Minority Issues 373-396 (2008).
• Osama Siddique & Zahra Hayat, Unholy Speech and Holy Laws: Blasphemy Laws in Pakistan--Controversial Origins, Design Defects, and Free Speech Implications, 17 Minnesota Journal of International Law 303-385 (2008).
• Lisa M. Holmes, Religious Affiliation, Personal Beliefs, and the President's Framing of Judicial Nominees, 56 Drake Law Review 679-704 (2008).
• Christine L. Nemacheck, Have Faith in Your Nominee? The Role of Candidate Religious Beliefs in Supreme Court Selection Politics, 56 Drake Law Review 706-728 (2008).
• Symposium: Educational Choice: Emerging Legal and Policy Issues, 2008 BYU Law Review 227-592 [full text of all articles].
• Andrew P. Morriss, Bootleggers, Baptists and Televangelists, Regulation, Vol. 31, No. 2, pp. 26-31, Summer 2008.
• The Spring 2008 issue (Vol. 50, No. 2) of the Journal of Church and State has recently been issued. [Table of Contents].

New Book:

• Herbert London, America’s Secular Challenge-- The Rise of a New National Religion, (Encounter Books, 2008), reviewed by the Washington Times.

McCain Catholic Outreach Spokesman Criticized

The Arizona Republic reported last week that at least three religious groups have called on John McCain to remove Deal W. Hudson from McCain's national Catholic outreach group. In 1994, Hudson resigned a tenured position at Fordham University after he was accused of having sex with a freshman student. A member of McCain's steering committee said that Catholics reject Hudson as a moral arbiter. In 2004, Hudson left George W. Bush's re-election campaign after the Fordham incident was publicized. However the McCain campaign has been resisting the calls for Hudson's ouster.

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."