French Secularists Attack Judge's Postponement of Trial for Ramadan

BBC News reported yesterday on the strong reaction of those who defend French secularism to a French court's decision to grant a Muslim defendant a trial delay. The trial was scheduled to start Sept. 16, but a lawyer for one of the seven men in Rennes charged with armed robbery told the court that this is in the middle of Ramadan, and his fasting client would not be in a position to defend himself properly. Fadela Amara, the government's Minister for Urban Affairs, called the trial's delay until January a "knife wound" in the principle of a secular republic. The reaction of French politicians was so strong that the prosecutor issued a denial that the postponement was because of Ramadan.

Recent Articles on Law and Religion

From SSRN:

• Paul E. Mcgreal, Constitutional Easements: A New Approach to Permanent Monuments in Traditional Public Forums , (Northwestern University Law Review Colloquy, Sept. 5, 2008).
• Mark S. Scarberry, John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights, (September 2, 2008).
• David D. Cole, Terror Financing, Guilt by Association and the Paradigm of Prevention in the 'War on Terror', in COUNTERTERRORISM: DEMOCRACY'S CHALLENGE, Bianchi, Keller eds., Hart Publishing, (Sept. 3, 2008).
• Mary Jean Dolan, Why Donated Monuments are Government Speech: The Hard Case of Pleasant Grove City v. Summum, (Catholic University Law Review, Vol. 58, No. 1, 2008).
• Alison M. Kilmartin, Free Exercise, Free Speech, and 'Mere Religious Worship', (Sept. 1, 2008).
• Joseph (Yossi) E. David, Maimonides, Nature and Natural Law (Journal of Law Philosophy and Culture, Sept. 3, 2008).
• Benjamin L. Berger, The Cultural Limits of Legal Tolerance, (Canadian Journal of Law and Jurisprudence, Sept. 1, 2008).
• David L. Sjoquist & Rayna Stoycheva, The Property Tax Exemption for Nonprofits, Andrew Young School of Policy Studies Research Paper Series No. 08-15 (July 2008).

The Sept./ Oct. 2008 issue of Liberty Online: A Magazine of Religious Freedom has recently appeared. (Full text of articles.)

Pastor Seeks Church Support For Church-State Separation

Americans United reported Friday on the initiative by an Ohio pastor to coordinate church support for separation of church and state. Rev. Eric Williams, senior pastor of Columbus (OH)North Congregational United Church of Christ, is calling for pastors around the country to preach sermons on the importance of church-state separation on Sept. 21. This is one week before Alliance Defense Fund's "Pulpit Freedom Sunday." ADF has called on pastors to preach sermons about candidates on that Sunday, in violation of Internal Revenue Code limits on non-profit organizations. (See prior posting.) Rev. Williams will be holding a press conference tomorrow to announce a joint clergy letter asking the IRS to revoke the tax-exempt status of Alliance Defense Fund. Williams says: "The promotion of tax fraud, particularly to houses of worship, is not a charitable endeavor."

China Increases Ramadan Restrictions On Uyghurs

Radio Free Asia reported yesterday that in response to a string of violent attacks in the central-Asian Xinjiang region, China is increasing restrictions on its Muslim Uyghur population during Ramadan. Women are being forced to uncover their faces in public, restrictions on teaching Islam to Uyghur children are being intensified, and Muslim Uyghur restaurants are being required to be open during the daytime throughout Ramadan. Special efforts are underway in schools to teach students and teachers not to fast during Ramadan.

Marijuana Church Founders Plead Guilty; Will Pursue Free Exercise Defense

Arizona's East Valley Tribune yesterday reported that Dan and Mary Quaintance, founders of the Church of Cognizance, last month pleaded guilty in an Arizona federal district court to two marijuana-related charges. They will now pursue an appeal of the court's refusal to dismiss charges against them on free exercise grounds. The Arizona-based church which has "monasteries" in members' homes around the country, has as its motto: "With good thoughts, good words and good deeds, we honor marijuana: as the teacher, the provider, the protector." (See prior related posting.)

Nigerian Court Decides In Favor of Break-Away Church

Lagos, Nigeria's Sunday Vanguard reports today on a decision by the Federal High Court of Nigeria in a suit involving a break-away church-- Incorporated Trustees of United African Methodist Church (Eleja) Organization v. Incorporated Trustees of the United African Methodist Church (Evangelical), (No. FHC/L/CS/173/07). First the court upheld a ruling by the Corporate Affairs Commission that the break-away congregation could incorporate under the name United African Methodist Church (Evangelical). The Commission had found that its name was not identical or likely to confuse or deceive the public-- apparently a requirement of Nigeria's corporation law. The High Court held that it could not enjoin an organization from using a name which contains words in ordinary use. The court went on to hold that it lacked jurisdiction to adjudicate the Eleja church's claim that it is still entitled to occupancy of the break-away church's building. It held that under the Lands Use Act, a state high court is the appropriate forum to decide that issue.

Lawsuit In Argentina Asks Court To Define Anti-Semitism

Iran’s MEHR News Agency reports on a criminal lawsuit filed in Argentina by three members of the Argentine Second Republic Movement against the Delegation of Israeli Associations in Argentina (DAIA). The lawsuit filed in District Court No. 13, Secretariat No. 80 in Buenos Aires, focuses on the DAIA’s "Report on Anti-Semitism in Argentina—2006", which accused plaintiffs of "virulent anti-Semitism" because of articles they published. The lawsuit alleges that plaintiffs were slandered by the DAIA report because the articles in question were aimed only at official policies of Israel and at Zionism as a political ideology. The lawsuit seeks to have the Argentine court hold that criticism of the policies of Israel and criticism of Zionist ideology is not not anti-Semitism or discrimination on account of "religious belief." Religious discrimination is illegal under the Argentine Discrimination Act, Law No 23.592.

Some Qatar Companies Ignore Ramadan Reduced Hours Rule

Today’s Gulf Times reports that some employers in Qatar are ignoring rules that limit the work day to 6 hours during Ramadan. The Times says that some companies are continuing their normal 8-hour shifts, particularly for low-paid laborers, but just giving workers longer prayer times during Ramadan. Apparently the country’s Ministry of Labor has little interest in enforcing the6-hour workday requirement.

Citation of Meat Packer Raises Issue of Feds Judging Religious Rules

Yesterday’s Chicago Tribune reports that the U.S. Department of Agriculture cited Agriprocessors' Postville, Iowa meat packing plant for violations of the Humane Methods of Livestock Slaughter Act within days of PETA filing a complaint along with an undercover video it had taken of the firm’s kosher slaughter methods. The citation raises interesting questions of the extent to which the government may decide what are the religious rules of kosher slaughter.

7 USC 702(b) provides that it is consistent with the Humane Slaughter Act for slaughter to be carried out "in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness ... by ... the simultaneous and instantaneous severance of the carotid arteries..." The PETA video shows slaughterers making a second cut to a cow's neck without rabbinical supervision of that cut. Apparently the theory of the citation is that the second cut is inconsistent with kosher slaughter and therefore not within the protection of the statute. However, Menachem Lubinsky, a spokesman for Agriprocessors says a second cut when slaughtering cattle is permitted by kosher slaughter rules. The USDA citation led to no fine or other penalties.

ACLU Seeks Attorneys Fees In 10 Commandments Case

Friday’s Lexington (KY) Herald-Leader reports that the American Civil Liberties Union of Kentucky this week filed a petition in federal court seeking from the losing defendants attorneys fees of $390,588 and expenses of $8,133 for the ACLU’s successful challenge to 10 Commandments displays in McCreary and Pulaski counties. The case was litigated all the way to the U.S. Supreme Court. The ACLU says their request is conservative because it does not seek fees for work done by most of the attorneys other than the lead attorney on the case. Matthew Staver of Liberty Counsel, representing the counties, says the fees are too high and, in any event, should not be awarded because the case is still pending by reason a pending motion and appeal. (See prior posting.)

Mumps Outbreak Traced To Christian Group Opposing Inoculation

The Vancouver Sun reported last week that an outbreak of mumps that began in Chilliwack, British Columbia in February originated in a group of Dutch Reformed Christians who believe that people should put their faith in God to protect them, and not in modern medical techniques or inoculations. In past years, members of the same religious tradition living in Holland have suffered polio outbreaks because they have not been inoculated.

Palin Gets Mixed Reactions In Jewish Community

Columnists and reporters are indicating mixed reactions from the Jewish community on Sarah Palin's pick as the Republican vice-presidential nominee. Steven Waldman writing on Wednesday at BeliefNet says that Sarah Palin's pick "may end up scaring some Jews." According to the AP, Palin's church home for the last six years has been Wasilla Bible Church, an independent evangelical congregation, though before that she attended Wasilla's Church of the Rock (which I previously reported in reliance on an earlier AP story as her home church). At BeliefNet, Waldman focuses on the fact that two weeks ago Palin sat in church at Wasilla Bible as her minister introduced David Brickner, executive director of Jews for Jesus. Brickner gave a "classic Jews for Jesus talk" on the need to convert Jews to Christianity and argued that conflict in the Middle East is a reflection of a judgment because of unbelief. Waldman's article reprints Brickner's entire remarks.

Meanwhile, however, Rabbi Yosef Greenberg, a Chabad rabbi who has lived in Alsaka for 17 years, tells Haaretz that if Palin is elected, "the Jewish people and the State of Israel will have a great friend and admirer in the White House." Greenberg says he meets with Palin regularly for informal conversations. He says that the Conservative Jewish congregation in Wasilla was pleasantly surprised a few years ago when Palin turned up at the dedication of their new synagogue building. Greenberg added: "Had she been a Chabadnik she would have certainly been an envoy, because she is constantly working for the greater good."

Satmar Leadership Dispute Again Ruled Non-Justiciable

For six years, two factions within the Orthodox Jewish Chasidic Satmar community have, through three separate lawsuits, been attempting to get New York courts to decide which of the two sons of the late Grand Rebbe Moses Teitelbaum has inherited his leadership role. Recently a New York trial court has issued another decision in the case, reiterating that the dispute is not justiciable because deciding it would require the court to impermissibly entangle itself in religious doctrine. In Frankel v. Congregation Yetev Lev D'Satmar, (NY Kings Co. Sup. Ct., Aug. 22, 2008), the court denied a request for a preliminary injunction. One faction had argued that it was entitled to relief based on language in a prior decision stating that "the court leaves intact the status quo in terms of the day-to day operation of the Congregation and its institutions". The court disagreed, stating:

At bottom, all three cases mask a continued effort on the part of the split congregation to have the court make a determination as to who should be in control of the Congregation. This is what Justice Barasch, the Appellate Division and the Court of Appeals have said a civil court cannot do.... The Injunction action is nothing more than another disingenuous attempt by one of the factions to obtain relief which is beyond the reach of the court.

(See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

BC Human Rights Tribunal Dismisses FLDS Couple's Discrimination Complaint

Canadian Press on Wednesday reported on a decision handed down last month by the British Columbia Human Rights Tribunal in Palmer v. British Columbia Teachers' Federation, (BCHRT, Aug. 15, 2008). The Tribunal dismissed a complaint by a polygamous couple who are members of the Fundamentalist Church of Latter Day Saints who alleged the Teachers' Federation discriminated against them on the basis of religion and marital status when it sent a letter to the Premier, issued a press release and circulated a petition urging the provincial government to act against alleged sexual exploitation in the FLDS community in the town of Bountiful and alleged discriminatory teaching in the community's independent schools. The Tribunal concluded that the Federation's "purpose in creating the letter to the Premier, the newsletter, and the petition was not to discriminate against the Palmers or anyone else."

Islamic Debit Card To Be Offered Across Russia

Yesterday's Moscow News reports that Express Bank will offer a new Islamic debit card across Russia, despite opposition from some Central Bank officials. The card, which has already been introduced in the predominantly Muslim region of Dages­tan, are Shariah-compliant. Any interest earned on accounts is donated by the bank to charitable causes. The bank created the card in cooperation with the Spiritual Council of Muslims in Dagestan. The card's design avoids depicting living beings, something also banned by Islamic law. The card, which has also become popular with Christians and Jews in Dagestan who like its design, will be offered nationally through the Internet.

European Commission Clears Italy's Census of Roma Over Discrimination Claims

The European Commission has approved Italy's census of Roma gypsies in Italian camps, including fingerprinting of minors who cannot be identified in any other way. The London Times reported yesterday that the EC concluded the Italian government was conducting the census as part of its drive against street crime and was not not seeking ''data based on ethnic origin or religion." In July, a European Parliament resolution (full text) expressed concern about Italy's actions.

Latest Mt. Soledad Decision To Be Appealed

Citizen Link reports that the ACLU has decided to appeal the latest decision rejecting a challenge to the Mt. Soledad Cross. It will appeal to the U.S. 9th Circuit Court of Appeals the July decision in Trunk v. City of San Diego (see prior posting) that rejected an Establishment Clause challenge to Congress' acquisition of the veterans' memorial and its preservation of the cross as part of it. Litigation over the memorial site has been going on for 18 years.

Orthodox Archbishop and McCain's Pastor Offer Prayer At Convention Thursday

On the last day of the Republican National Convention (full schedule) the invocation was offered by His Eminence Archbishop Demetrios. He is archbishop of the Greek Orthodox Church in America and also delivered an invocation at the Democratic convention. (World Faith News.) The closing benediction was offered by Pastor Dan Yeary. KTAR News reports that Yeary is pastor of North Phoenix Baptist Church which McCain and wife have attended for over than 15 years.

Challenge To Court Use for Bible Study Survives Motion To Dismiss

In Barlow v. Superior Court of California, 2008 U.S. Dist. LEXIS 66668 (SD CA, Aug. 28, 2008), several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. They alleged that the denial amounted to discrimination based on the religious content or viewpoint of their speech. The court denied defendants' motion to dismiss, holding that it had insufficient evidence to determine whether the facilities had become a "designated public forum" for purposes of First Amendment analysis.

Private Prosecution Filed In London Over Offensive Jesus Statue

Ekklesia yesterday reported that in Britain, London resident Emily Mapfuwa, backed by the Christian Legal Centre, has filed a private prosecution against the Baltic Centre for Contemporary Art. The lawsuit alleges that the Centre committed an "act of a lewd and a disgusting nature and outraged public decency contrary to Common Law" by displaying artist Terence Koh's statue of Jesus with an erect penis. The statue is part of an exhibit titled "Gone, Yet Still", displaying art of Chinese-born artist Koh as well as works by Tracey Emin and Mark Titchner. The suit is being brought as a private prosecution because police concluded in May that there was no cause to prosecute. Civil rights activists say the suit is an attempt to bring back the abolished crime of blasphemy indirectly.