Recently Available Prisoner Free Exercise Cases

In Farnsworth v. Baxter, 2008 U.S. Dist. LEXIS 69236 (WD TN, Sept. 12, 2008), a Tennessee federal district court rejected claims by a Messianic Jewish prisoner that his rights under RLUIPA were violated when neither the prison chaplain nor a volunteer could conduct Messianic Jewish Sabbath services for him to attend.

In Joshlin v. Maricopa County Sheriff's Office, 2008 U.S. Dist. LEXIS 69385 (D AZ, July 22, 2008), an Arizona federal district court rejected a prisoner's complaint that his free exercise rights were violated when he was placed in segregation for having dreadlocks, and when authorities refused to provide him with a copy of the Quran or arrange religious visitations. He was told that if he wished to keep his non-pork religious diet, he must cut his hair because his Muslim faith does not prohibit cutting hair

In Stine v. Wiley, 2008 U.S. Dist. LEXIS 69699 (D CO, Sept. 16, 2008), a Colorado federal district court accepted a magistrate judge's recommendation to dismiss a prisoner's free exercise complaint that he was not permitted to watch religious television programing.

In Percival v. Office of the Governor, 2008 U.S. Dist. LEXIS 70356 (SD TX, Sept. 10, 2008), a Texas federal district court dismissed as frivolous a claim by a Messianic Jewish inmate that requiring him to shave his beard infringed his free exercise rights.

Pakistan Church Wants Government To Intervene In Kidnapping Case

Religious Intelligence reports today that the Lahore Diocese of the Church of Pakistan has asked the government to intervene in the case of two Christian girls, aged 10 and 14, who in June were kidnapped and forced to convert to Islam. The older girl was also forced to marry. The girl's parents filed a habeas corpus petition in Muzaffargarh seeking their release. However, on July 12 a local judge denied the petition ruling that since the girls had become Muslims, they could not be returned to their Christian parents. The decision has been appealed to the Multan bench of the Lahore High Court.

House Bill Would Assure Right To Post Mezuzahs On Condo Unit Doors

Earlier this week, U.S. Representative from New York, Jerrold Nadler, introduced H.R. 6932 which would amend the federal Fair Housing Act to guarantee residents of condominiums and co-ops the right to display religious symbols or objects, such as a mezuzah, outside their doors. The bill, known as the Freedom of Religious Expression in the Home Act of 2008, is a reaction to a 7th Circuit decision earlier this year that held the Fair Housing Act currently does not ban such condo rules. (See prior posting.) The bill would amend 42 USC Sec. 3604 to prohibit establishing

a rule or policy that prevents a person from displaying, on the basis of that person’s religious belief, a religious symbol, object, or sign on the door, doorpost, entrance, or otherwise on the exterior of that person’s dwelling, or that is visible from the exterior of that dwelling, unless the rule or policy is reasonable and is necessary to prevent significant damage to property, physical harm to persons, a public nuisance, or similar undue hardship.

Yesterday's New York Sun reports on the legislation that has three other co-sponsors.

NY Social Service Department Suing To Get Heart Surgery For Amish Child

WWNY TV News reported yesterday on the ongoing trial in St. Lawrence County, New York Family Court of an Amish couple who are refusing on religious and cultural grounds to allow their 17-month old son to have heart surgery. The county Department of Social Services has filed neglect charges, asking the court to remove the child from the custody of his parents, Gideon and Barbara Hershberger, so he can have a hole in his heart surgically repaired. Without surgery, the condition could be fatal for young Eli Hershberger.

Indian Police Arrest Hindu Activist After Series of Church Attacks

M&C reports today that in Mangalore in southern India, police have arrested Hindu right-wing activist Mahendra Kumar on charges of conspiracy and of promoting enmity between religious groups. Kumar heads the Karnataka Bajrang Dal which has claimed responsibility for attacks on at least 14 churches and Christian prayer halls since September 14 in Karnataka state. The arrest came after the federal Home Ministry issued two advisories criticizing Karnataka's Bharatiya Janata Party (BJP) government for not acting decisively enough in the situation. The Karnataka government has also appointed a commission to look into the violence between Hindus and Christians.

NY Court Orders Specific Performance of Land Sale By Religious Corporation

In Scher v Yeshivath Makowa Corp., (NY App. Div., Sept. 16, 2008), a New York appellate court rejected an attempt by a religious corporation to back out of a contract for sale of its property. The NY Religious Corporation Law, Sec. 12, provides that a religious corporation must apply for leave of a court to sell property. However, here the court held that the trial court properly ordered specific performance once it determined that the contract price was fair and reasonable at the time it was made. [Thanks to J.J. Landa for the lead.]

State Department Issues 2008 Report On International Religious Freedom

The U.S. State Department this afternoon issued its 2008 Report on International Religious Freedom. The Report discusses separately the status of religious freedom in almost every country around the world, including the 8 that have been designated as "countries of particular concern": Burma, China, North Korea, Iran, Sudan, Eritrea, Saudi Arabia, and Uzbekistan. Sixteen other countries are singled out in the Executive Summary as ones "where religious freedom is of significant interest." These are Afghanistan, Algeria, Cuba, Egypt, India, Indonesia, Iraq, Israel and Occupied Territories, Laos, Malaysia, Pakistan, Russia, Sri Lanka, Turkmenistan, Venezuela, and Vietnam.

The report identifies five categories of infringements upon religious freedom prevalent in various parts of the world:

First, the most severe abuses take place in certain totalitarian and authoritarian regimes that seek to control religious thought and expression.... Second, serious abuses occur in contexts of state hostility toward minority or nonapproved religious groups.... A third category of abuse stems from a state's failure to address forces of intolerance against certain religious groups.... Fourth, abuses occur when governments have enacted discriminatory legislation or taken concrete action to favor majority religions.... A fifth category involves the practice of discriminating against certain religions by identifying them as dangerous "cults" or "sects."

The report was sent to Congress as required by Sec. 102(b) of the International Religious Freedom Act of 1998.

UPDATE: The remarks of Secretary of State Condoleezza Rice and the remarks and lengthy Q&A of Ambassador at Large for International Religious Freedom John V. Hanford III at the press conference releasing the Report are available from the State Department's website. Both included in their remarks criticism of proposals at the UN by the Organization of the Islamic Conference to promote the concept of defamation of religion.

Good News Club Suit In Virginia Settled

Following up on last month's issuance of a preliminary injunction by a Virginia federal district court barring the Williamsburg- James City County School Board from charging user fees to the Good News Club for after-school use of school facilities (see prior posting), the parties have entered into a stipulated Consent Decree settling the case. On Sept 12, the court issued an order approving the settlement (full text), which included a new school board policy for community use of school facilities that waives fees for all community groups using school space for after-school activities. The school, through its insurer, will also refund user fees paid in past years by the Good News Clubs and reimburse plaintiffs $20,000 for litigation costs. Liberty Counsel yesterday issued a press release on the settlement.

Suit Challenges DC Land Swap With Christian Homeless Shelter

A lawsuit was filed in federal district court in Washington, DC yesterday challenging a proposed exchange of land in which the District if Columbia would give Central Union Mission a former school building near the U.S. Capitol worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.68 million. The building the Mission would receive was formerly operated as a shelter by the city. The Mission's attempt to relocate to another site it already owned was blocked by neighbors.

Today's Washington Post and a release from the ACLU report that plaintiffs include taxpayers plus two homeless men who do not go to the Mission's current shelter because the Mission requires all residents to attend nightly Christian worship services. The Mission also requires all employees and volunteers to be Christians. The complaint in Chane v. District of Columbia asks that either the land swap be blocked, the Mission not engage in religious activities at the new building it is receiving from DC, or that the Mission pay fair market value for the building. Plaintiffs say the shelter is free to engage in religious activity, but not when it is subsidized by government funds. (See prior related posting.)

Italian Party Seeking To Restrict Building of Mosques

PoliGazette yesterday reported on efforts in Italy by the Lega Nord party to refuse Muslims permission to build mosques in Italian cities. A new law being proposed would prohibit building of a mosque within 1 kilometer of a church and would make it illegal for Imams to speak to their congregations in Arabic. It would also ban calls to prayer by muezzins. It would mandate a regional referendum before a mosque could be built and would ban building of minarets. Referenda are already being used in some northern Italian cities, and usually proposals for mosque construction are defeated. Religious Intelligence yesterday also reported on the new proposed legislation.

Chinese House Church Sues County Religious Affairs Bureau

Human Rights in China reported yesterday that for the first time a lawsuit has been filed against a government religious authority in China. Wang Yi filed suit on behalf of a Christian house church in Chengdu city-- the Qiuyu Blessings Church. They are suing the Shuangliu County Bureau of People's Religious Affairs for raiding and later banning a religious gathering held by the church in May at a resort hotel. Wang says the order banning the event failed to specify what regulations were violated. However this week when the complaint was filed, the judge refused to accept it saying that Wang furnished insufficient evidence to support the claim. The government often relies on a ban on religious activities taking place in "non-religious" locations, found in 2005 Regulations, to raid house churches.

"Rabbis for Obama" Group Formed

Yesterday's New Jersey Jewish News reports on the formation last week of a first-of-its-kind organization-- Rabbis for Obama. Some 300 rabbis have signed onto a letter that says Obama "will best support the issues important to us in the Jewish community." This kind of personal endorsement of a candidate by clergy in their personal capacity is permitted by IRS regulations. Rabbis are listed on the letter by their home towns instead of their synagogues to make clear that they are speaking in their personal capacity.

2008 Survey On First Amendment Attitudes Released

On Wednesday, the First Amendment Center released its State of the First Amendment 2008 national survey (detailed results). 62% of respondents thought that Americans have about the right amount of religious freedom. 54% believe that freedom of worship applies to all religious groups regardless of how extreme their beliefs are. 32% strongly agree and 23% mildly agree that people should be allowed to say things in public that might be offensive to religious groups.

46% strongly agree and 17% mildly agree that the nation's founders intended the U.S. to be a Christian nation. 36% strongly agree and 19% mildly agree that the Constitution establishes a Christian nation. 22% strongly agree and 18% mildly agree that religious leaders should be allowed to openly endorse political candidates from the pulpit and keep their tax-exempt status. [Thanks to Michael Lieberman for the lead.]

Illinois Church's RLUIPA Lawsuit Settled

For a second time, a settlement seems imminent in a federal lawsuit between Carlinville, Illinois and the Carlinville Southern Baptist Church that wants to use a former Wal-Mart building, zoned for commercial use, as a church. The church argued that its 1st and 14th Amendment rights and its rights under RLUIPA were violated by the city's denial of permission for the property to be used for worship. A previous settlement was vetoed by the mayor.(See prior posting.) Now, according to yesterday's Springfield (IL) State Register Journal, Carlinville city council has approved the basic outlines of a new settlement reached between the church and the city's insurer. City council will approve a special use permit for the church, and in return the city will be granted an easement on one side of the property and will have the right of first refusal on any future sale of the building by the church. The church will also receive damages of $165,000. The court has already given the church the right to remodel the building and use it for activities other than worship services.

President Speaks At White House Iftaar Dinner

Last night, President Bush continued the annual tradition of speaking at an Iftaar dinner-- a dinner to break the Ramadan fast-- held at the White House. In addition to government officials and members of the diplomatic corps, guests included Muslims who have risen to the top of their profession in the United States. In his remarks (full text), Bush said:

[O]ne of the great strengths of our nation is its religious diversity. Americans practice many different faiths. But we all share a belief in the right to worship freely. We reject bigotry in all its forms. And over the past eight years, my administration has been proud to work closely with Muslim Americans to promote justice and tolerance of all faiths.

The White House website also has a video of the President's remarks and the opening blessing before dinner.

Court Upholds Ban on Defendant Displaying Bible To Jury

In People v. Williams, (App. Div., Sept. 16, 2008), in a brief opinion, a New York appellate court concluded that a murder defendant's free exercise rights were not violated when the trial judge prohibited him from displaying his Bible in the presence of the jury. The court held that the state had a compelling interest in assuring a fair trial for both sides in the case in which defendant was convicted second degree murder of his 5-week old son.

North Carolina School District May Add Creationism To Curriculum

Articles in the Wilmington, North Carolina Star News on Tuesday and Wednesday report that the Brunswick County (NC) School Board is looking for a way to teach creationism in the schools. The issue was raised at Tuesday's board meeting by parent Joel Fanti who told the board that it was unfair for evolution to be taught as a fact. Fanti said: "I wasn't here 2 million years ago. If evolution is so slow, why don't we see anything evolving now?" School board member Jimmy Hobbs responded: "It's really a disgrace for the state school board to impose evolution on our students without teaching creationism. The law says we can't have Bibles in schools, but we can have evolution, of the atheists."

School board Chairwoman Shirley Babson said she does not agree with teaching evolution, but the state legislature requires it. Board attorney Joseph Causey said it might be possible under state law to add creationism to the curriculum if it does not replace the teaching of evolution. Superintendent Katie McGee said her staff would research the issue. Meanwhile, according to the Star News, the county school system offers a high school Bible as Literature course. However it is not being taught this year because no students signed up for it.

Texas County Settles Lawsuit With New Screening Policy on Religious Garb

Dallas County, Texas has revised its security screening procedures for individuals wearing religious head coverings in order to settle a lawsuit filed last year by Amardeep Singh, a member of the Sikh faith. (See prior posting.) According to yesterday's Houston Chronicle, in 2006 after refusing to remove his turban, Singh was ordered out or a Justice of the Peace courtroom where he had come to defend a traffic ticket. According to the ACLU which represents Singh, under the new policy security personnel at all county buildings will allow people to walk through metal detectors wearing religious head coverings or other religious garments. If they set off the detector, security personnel will follow up using a hand-held device or with a private search.

California City and Buddhist Temple Settle RLUIPA Challenge

Yesterday in Garden Grove, California, the parties announced a settlement in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, a challenge under the 1st Amendment and RLUIPA to a zoning denial (See prior posting.). The Orange County Register reports that under the settlement, the Quan Am Buddhist temple will submit an application to tear down an office building it purchased and construct a new temple, including living quarters for monks and nuns. The city will consider the application in good faith. Several prior applications have been rejected, as the city tried to preserve the site for office use. The court had previously granted the Temple a preliminary injunction permitting it to hold worship services in several suites in the office building. (See prior posting.)

Minnesota School Faces Issue of Accommodating Students' Prayer Times

In Willmar, Minnesota, school officials are at odds with some Somali Muslim parents over how far the schools should go in accommodating students' need for prayer time. Minnesota Public Radio reported Tuesday that under an agreement reached with parents six years ago, Willmar Junior High School students are permitted to pray between classes and at lunch time. A few parents, however, who are stricter about precise punctuality for prayer times, want their children to be able to step out during class for five minutes to pray. School officials say this would be disruptive, though some teachers may have informally permitted the practice. [Thanks to Blog from the Capital for the lead.]