Tribe Says Use Permit Requirement For Powwow Violates Religious Freedom

Yesterday's NWF Daily News (Ft. Walton, FL) reports that the ACLU is challenging a decision by Santa Rosa County (FL) requiring the state's Echota Cherokee Indian Tribe to obtain a permit to hold a powwow on private property. In a letter to the county division of zoning and planning, the ACLU said that the powwow is a seasonal outdoor ceremony during which participants sing, dance, worship the creator, and strengthen tribal bonds. The ACLU says requiring a use permit violates the religious freedom of the Indian tribe, and that nothing in the county zoning law calls for their obtaining a permit. However county officials say that the powwow is partly commercial. It draws 2000 people and includes commercial food, art and craft vendors. As a compromise, the county is looking at the possibility of creating a special events permit to deal with gatherings such as this.

Recent Articles of Interest

From SSRN:

• Haider Ala Hamoudi, Book Review: Orientalism and 'The Fall and Rise of the Islamic State', (Middle East Law and Governance: An Interdisciplinary Journal, Vol. 2, No. 1, Sept. 10, 2008).


• Robert A. Kahn, Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective, (U of St. Thomas Legal Studies Research Paper No. 08-26, Sept. 2, 2008).


• Patrick Macklem, Minority Rights in International Law, (July 1, 2008).


• Christopher C. Lund, Equal Liberty and Religious Exemptions: A Response to Eisgruber and Sager, (September 4, 2008).


• Frederic Megret, Canada Leading the Way? Reasonable Accommodation from the Standpoint of International Human Rights Law ('Le Canada a la pointe de la tolerance? L'accommodement raisonnable a l'aune du droit international des droits de la personne', (in LA RELIGION, LE DROIT ET LE RAISONNABLE, Jean-François Gaudreault-DesBiens, ed., Themis, Montreal, 2008.)


• Deborah Cantrell, Love of Neighbor as a Lawyerly Practice: Insights from Christian, Jewish, and Buddhist Traditions, (U of Colorado Law Legal Studies Research Paper No. 08-21, Aug. 28, 2008).


• Frederic Megret, Frederic, A Cautionary Tale from the Crusades? War and Prisoners in Conditions of Normative Incommensurability , (Prisoners in War, in Sibylle Scheipers, (ed.), Oxford University Press, 2008.)

Journal of Law and Religion, Vol. XXIII, No. 2 (2007-08) has recently been published. (Table of Contents).

From SmartCILP:

• Robert Petit, Stuart Ford & Neha Jain, Exploring Critical Issues In Religious Genocide: Case Studies of Violence In Tibet, Iraq and Gujarat, 40 Case Western Reserve Journal of International Law 163-214 (2008).
• Mark D. Yochum, On Ledewitz (Reviewing Bruce Ledewitz, American Religious Democracy), 46 Duquesne Law Review 311-321 (2008).

Falklands Legislature Debates Religion Provisions In Draft Constitution

The Falkland Islands is in the process of debating and adopting a new Constitution. A special meeting of the Legislative Council was held on Sept. 12 to debate the draft document. A transcript of the debate published by the South Atlantic Remote Territories Media Association reveals extensive discussion on clauses relating to freedom of conscience and religious instruction of children in schools. After a lengthy debate by several other members over a hypothetical relating to child's right to refuse religious education offered in a Christian school, the Honourable John Birmingham interjected:

I can't be the only one that is slightly confused here. I would have brought a packed lunch if I had known we have a long way to go. I'm not even sure if we can define our present schools as being Christian schools. I just thought I'd throw that in.

Camboida Will Permit Muslim Students To Wear Headscarves

The Phnom Penh Post reported yesterday that Cambodia's Ministry of Education, Sport and Youth has decided that Khmer Muslim students will be permitted to deviate from school uniform rules and wear their traditional clothing, including headscarves, to school when classes begin next month. Apparently some Muslim girls had stopped going to school because they could not wear their traditional headscarves.

Recently Available Prisoner Free Exercise Cases

In Thaxton v. Strode, 2008 U.S. Dist. LEXIS 68588 (WD KY, Sept. 9, 2008), a Kentucky federal district court upheld a prison's policy of permitting non-Muslim inmates to attend Muslim religious sevices only after attending an inmate-run Muslim familiarization program. The policy was challenged by an African-American inmate who listed his religion as Jewish.

In Soder v. Williamson, 2008 U.S. Dist. LEXIS 68513 (MD PA, Aug. 7, 2008), a Pennsylvania federal district court held that neither the 1st Amendment nor RLUIPA were violated when an inmate's religious objections to taking a TB test were accommodate by giving him a chest X-ray after holding him in segregated confinement for 24 days.

In Hankins v. NYS Department of Correctional Services, 2008 U.S. Dist. LEXIS 68978 (ND NY, March 10, 2008), a New York federal magistrate judge recommended dismissal of a Muslim prisoner's complaint that on one occasion authorities erroneously refused to allow him to take a "purification" shower and then participate in a weekly Muslim religious service.

Pope Addresses French Intellectuals On Theology and European Culture

On Friday on the first day of his visit to France, Pope Benedict XVI addressed "650 intellectuals, artists and scientists" at the College des Bernardins. (M&C). America Magazine assessed the address:

The Pope in Paris yesterday gave a speech which will be remembered as one of his most significant, not just because of its content – which has recast the current European thinking about freedom and faith – but because of its historic context. It was made just a few hours after a twice-divorced, lapsed Catholic president came together with a pope to tell the French people that the mindset behind the 1905 laws disestablishing religion and banning it from schools is, well, passé; and that secularism should stop shouting at religion and start listening to it.

In his address (full text in English translation), the Pope said that he would focus on the origins of western theology and the roots of European culture. In concluding his lengthy remarks, he said:

A purely positivistic culture which tried to drive the question concerning God into the subjective realm, as being unscientific, would be the capitulation of reason, the renunciation of its highest possibilities, and hence a disaster for humanity, with very grave consequences. What gave Europe’s culture its foundation – the search for God and the readiness to listen to him – remains today the basis of any genuine culture.

According to Whispers in the Loggia, representatives of the French Muslim community attended the Pope's address. Before the session, the Pope met briefly with leaders of the local Jewish community. (Apparently this was in lieu of their attending his address, which took place after the beginning of the Jewish Sabbath). Benedict said that the church "feels obligated to respect the covenant made by the God of Abraham, Isaac and Jacob," and he wished those in attendance "Shabbat Shalom". (See prior related posting.)

Settlement Reached In Suit By Interfaith Group Feeding Homeless In California Park

KNBC News reported today that a settlement has been reached in the lawsuit brought by Interfaith Needs Network challenging the constitutionality of California's limits on public assemblies and demonstrations in state parks. The group was told they needed a permit to hold an event to feed the homeless at Donehy State Park. (See prior posting.) In the settlement, which will apply to all California state parks, the state agreed it will not enforce the rule barring unlawful assemblies in parks against those feeding the homeless, so long as the group complies with other rules such as hours of operation, orderly conduct and clean-up.

Saudi Judicial Head Says Islamic Law OK's Killing of TV Broadcasters

Yahoo News reported yesterday that the head of Saudi Arabia's Supreme Judiciary Council says that it is permissible under Islamic law to kill owners of satellite TV channels that broadcast programs calling for immoral conduct. During Thursday's "Light in the Path" radio program, Sheik Saleh al-Lihedan responded to a listener's question by saying: "What does the owner of these networks think, when he provides seduction, obscenity and vulgarity? Those calling for corrupt beliefs, certainly it's permissible to kill them. Those calling for sedition, those who are able to prevent it but don't, it is permissible to kill them." [Thanks to Scott Mange for the lead.]

UPDATE: The Saudi government is embarrased by Sheik al-Lihendan's remarks, according to Sunday's The National. Sheikh Abdul Mohsen al Obaikan, a popular moderate religious scholar who is an adviser at the Justice Ministry, rejected the remarks, saying that they will encourage those who are misguided and terrorists. Al-Linhendan clarified his remarks, saying that he was referring only to television broadcasts of black magic and sorcery, and that execution could take place only after a judicial process. Al-Linhendan's origional remarks were apparently made some time ago, but were featured last week on Al Arabiya satellite TV channel. UPDATE2: Thursday's International Herald Tribune reported that Arabs across the ideological spectrum are denouncing al-Linhendan's remarks, fearing that they will encourage terrorism and attacks on TV station personnel.

Suit Challenges USDA's Animal Tagging On Religious Freedom Grounds

Earlier this week, a lawsuit was filed in federal district court in the District of Columbia challenging implementation and enforcement by Michigan of the USDA's National Animal Identification System for cattle. The complaint (full text) in Farm-to-Consumer Legal Defense Fund v. U.S. Department of Agriculture, (D DC, filed Sept. 8, 2008) alleges that the system which uses electronic radio frequency identification tags infringes the religious freedom of four individual plaintiffs in the case. Plaintiffs see the numbering system as the prohibited "mark of the beast" and as infringing their "dominion over cattle and all living things". For two of the Old Order Amish plaintiffs, the system would also force them to use technology in violation of their religious beliefs. The complaint alleges violations of the federal Religious Freedom Restoration Act, Michigan's constitutional protection of free exercise of religion, as well as violations of administrative law and environmental requirements. On Tuesday, Wired reported on the lawsuit. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

UPDATE: On Nov. 13, the USDA filed 56-page memorandum (full text) in support of its motion to dismiss plaintiffs' claims against USDA. It argues lack of standing and compliance with rulemaking requirements. It also alleges that any burden on religious freedom was caused by co-defendant, the Michigan Department of Agriculture, not by USDA. [Thanks to Jean Dudley via Religionlaw listserv for the lead.]

10th Circuit: No Establishment Clause Violation In Las Cruces Logo

Today in Weinbaum v. City of Las Cruces, (10th Cir., Sept. 12, 2008), the U.S. 10th Circuit Court of Appeals affirmed the dismissal of two cases challenging the display of three Latin crosses as a symbol of Las Cruces, New Mexico. In one case, plaintiffs challenged use of the crosses as the city's symbol. In the second case, they challenged use of three crosses by the Las Cruces school district as a logo on its maintenance vehicles and in two pieces of school district-sponsored artwork-- a sculpture and a mural. Emphasizing the fact-specific nature of Establishment Clause determinations, the court said:

Here, the City’s name translates as "The Crosses" and, perhaps unsurprisingly, the City has opted to identify itself using a symbol that includes crosses.... We recognize that a government’s display of the Latin or Christian cross, and especially three such crosses, raises legitimate Establishment Clause concerns. Nevertheless, we affirm the district court’s decisions because Las Cruces’s unique name and history and the record in this case adequately establish according to requisite standards that the City and District's challenged symbols were not intended to endorse Christianity and do not have the effect of doing so.

Today's Las Cruces Sun-News reports on the decision. (See prior related postings 1, 2.)

Pope In France Calls for New Reflection On Laicite

Pope Benedict XVI arrived today for a four-day visit to France. The New York Times and Catholic News Service report on the Pope's message (full text) at the Elysee Palace official welcoming ceremony. Focusing on France's tradition of secularism (laïcité), the Pope said:

Many people, here in France as elsewhere, have reflected on the relations between Church and State. Indeed, Christ had already offered the basic criterion upon which a just solution to the problem of relations between the political sphere and the religious sphere could be found. He does this when, in answer to a question, he said: "Render to Caesar the things that are Caesar’s, and to God the things that are God’s" (Mk 12:17).

The Church in France currently benefits from a "regime of freedom". Past suspicion has been gradually transformed into a serene and positive dialogue that continues to grow stronger.... You yourself, Mr President, have used the expression "laïcité positive" to characterize this more open understanding.

At this moment in history when cultures continue to cross paths more frequently, I am firmly convinced that a new reflection on the true meaning and importance of laïcité is now necessary. In fact, it is fundamental, on the one hand, to insist on the distinction between the political realm and that of religion in order to preserve both the religious freedom of citizens and the responsibility of the State towards them; and, on the other hand, to become more aware of the irreplaceable role of religion for the formation of consciences and the contribution which it can bring to—among other things—the creation of a basic ethical consensus within society.

The Pope's visit is timed to mark the 150th anniversary of the apparitions of Mary to a 14-year old peasant girl, Bernadette Soubirous, in Lourdes. Later today, before traveling to Lourdes, Benedict XVI will speak to some 700 leading intellectuals at the College des Bernardins in Paris. America-- the National Catholic Weekly earlier this week predicted that this would be "one of the great speeches of his pontificate."

UPDATE: Zenit on Friday reported on President Nicolas Sarkozy's remarks at the welcoming program for the Pope. Sarkozy said: "It would be crazy to deprive ourselves of religion; [it would be] a failing against culture and against thought. For this reason, I am calling for a positive secularity..." Saturday's Financial Times reports that Julien Dray, a Socialist party spokesman, criticized Sarkozy for not keeping religion a private matter.

Japan's High Court Says Pet Funeral Fees Are Taxable Income To Buddhist Temples

AFP today reports that Japan's Supreme Court has ruled that fees paid to Buddhist monks for pet funerals are not tax exempt income. Growing in popularity, the Jimyoin temple in Aichi offers last rites for animals similar to traditional Buddhist funerals. Pet owners are charged a set fee. Presiding judge Osamu Tsuno wrote that the set prices for the funerals do not have the characteristics of religious donations. and thus are taxable income under the corporate tax law.

Good News Club Sues Minnesota School District

Yesterday, Child Evangelism Fellowship of Minnesota filed a federal lawsuit against Minnesota's Elk River Area School District alleging that the school district discriminated against its Good News Club--a faith based after-school program for elementary students teaching citizenship and character development from a Biblical viewpoint. A release by Liberty Counsel says that Good News Clubs were not allowed to distribute literature to students or to take part in the district's open house that features various programs, even though the Boy Scouts and other service organizations were permitted to do so.

Faith-Based Treatment Group Wins $968K In Suit Over Zoning Denial

Yesterday in Nashville, Tennessee a federal court jury awarded damages totalling $967,995 to Teen Challenge, a faith-based Christian drug addiction treatment program. According to a release by American Center for Law and Justice, and a report yesterday by the Tennessean, the jury found that Metro Nashville government violated the equal protection clause, the Fair Housing Act and the Americans With Disabilities Act when it changed its zoning laws to prevent the group from building a treatment center on 13 acres of land it had purchased. Originally the city-county government had approved Teen Challenge's request for a use permit, but after public opposition, in 2007 the zoning law was amended to eliminate rehabilitation services as a permitted use in areas zoned agricultural. This forced Teen Challenge to sell off the land.

Italian Prosecutors Charge Satirist With Offending the Pope

The Lateran Pacts of 1929 between Italy and the Vatican provides (Conciliation Treaty, Art. 8) that: "All offences or public insults committed within Italian territory against the person of the Supreme Pontiff, whether by means of speeches, acts, or writings, shall be punished in the same manner as offences and insults against the person of the King." Pink News reported yesterday that Italy's Ministry of Justice has given prosecutors in Rome permission to proceed under the Lateran Treaty against comedienne and satirist Sabina Guzzanti. She is charged with "offending the honour of the sacred and inviolable person" of Pope Benedict XVI. During a comedy routine Guzzanti criticized the Vatican's interference in issues such as gay rights, saying: "Within twenty years the Pope will be where he ought to be, in Hell, tormented by great big poofter devils..."

Conviction of Abortion Protester For Violating Noise Ordinance Upheld

In Commonwealth of Pennsylvania v. Parente, (PA Commwlth. Ct., Sept., 9, 2008), the Pennsylvania Commonwealth Court upheld the conviction of an abortion protester for violating Pittsburgh's noise control ordinance. Joseph Parente had set up loudspeakers to demonstrate in front of an abortion clinic. The court rejected Parente's argument that his conviction and $250 fine violated his free speech and free exercise rights under the 1st Amendment. It found that Parente had other channels of communication open to him and that the Ordinance is a neutral law of general applicability. Finally the court rejected Parente's claim that his conviction violated the Pennsylvania Religious Freedom Protection Act, holding that "Parente never testified that his activities of counseling and preaching to people approaching the clinic constitute 'activities which are fundamental to [his] religion' as provided in Section 3 of the Act. Rather, at best, Parente's testimony merely establishes that he engaged in these activities based upon his religious beliefs or that they flowed from a religious mission."

9th Circuit Amplifes Holding On Membership Requirements Of Christian Student Group

This week the U.S. 9th Circuit Court of Appeals filed an amended decision in Truth v. Kent School District (9th Cir., Sept. 9, 2008). (See prior posting on original April 25 opinion.) The new decision adds a concurring opinion by two of the three judges-- which of course makes it a majority opinion. The concurring opinion amplifies on the court's holding that a state school district did not violate the First Amendment when it applied its non-discrimination policy to the membership policies of "Truth", a Christian Bible study club seeking recognition as a student group. The concurrence said: "We reject Truth's suggestion that state action that burdens a group's ability to engage in expressive association must always be subject to strict scrutiny, even if the group seeks to engage in expressive association through a limited public forum."

Washington Governor Candidates Speak Out On Religious and Social Issues

Yesterday's Seattle Times published an interview on social and religious issues with the two candidates for Governor of Washington state. Incumbent Democratic Governor Christine Gregoire, a Catholic, said she is pro-choice. She added: "I'm not going to have my religion determine what I do as governor. I keep that private. My personal beliefs have to be separate and apart from what I do as governor."

Gregoire also said she supports stem-cell research (including embryonic stem cell research). She supports gay couples having the rights and responsibilities of married couples, but would leave the formal issue of marriage to churches. Gregoire personally opposes assisted suicide, but will respect the outcome of a November initiative on the issue. She favors requiring pharmacies to fill prescriptions for Plan B contraceptives, but would allow one pharmacist to pass off the prescription to another pharmacist at the same location. Finally Gregoire favors retaining the death penalty.

Republican challenger Dino Rossi, also a Catholic, attempted to avoid a direct answer on his abortion views, but ultimately said he would support an abortion ban with exceptions for rape, incest and protecting the life of the mother. He said he supports defining marriage as between one man and one woman, but that gay couples should have various rights. Rossi is supportive of adult stem-cell research, but not research with embryonic stem cells. Rossi says he does not support assisted suicide, and would limit the death penalty to the most vicious of murders. Finally Rossi opposes requiring pharmacists to fill prescriptions for Plan B contraceptives.

UN Rapporteur Focuses On Religious Freedom In Turkmenistan

United Nations Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, has completed a fact-finding trip to Turkmenistan according to a UN News Centre report yesterday. Jahangir issued a report saying that Turkmenistan has begun to set up mechanisms to deal with human rights issues. However, Jahangir expressed concern over Turkmenistan's law that prohibits activities by unregistered religious groups. She also said that the membership on the country's Presidential Council for Religious Affairs should be broadened to reflect all religious communities in the country, and that the Council should become autonomous.

County Approves Facility For Eid-al-Adha Slaughter

The Raleigh (NC) Herald reports that Johnston (NC) County Commissioners last week quietly approved construction of a slaughter house by Eddie and Kenneth Rowe. The facility will be used by Muslims for slaughtering lambs for Eid-al-Adha (the Festival of Sacrifice). State agriculture officials say that the Rowes had previously been operating a "clandestine" slaughter facility, which was closed down by authorities in 2007. (See prior posting.) The Rowes are now seeking state grants to help defray the cost of building the slaughter house.