McCain Campaign In Nevada Handing Out Christian Voter Guides

According to CBN News yesterday, the McCain campaign in Nevada is handing out flyers-- in English and Spanish-- titled "Voter's Guide for Serious Christians" and "Voter's Guide for Serious Catholics". The flyers say they are intended to help voters cast their votes"in an informed manner consistent with Christian moral teaching." The guides focus on "five non-negotiable issues": abortion, euthanasia, embryonic stem cell research, human cloning, and homosexual marriage. Among the advice given in Guides is: "Do not vote for candidates simply because they declare themselves to be Christian." They say that if no acceptable candidate is running, the voter should either vote for the candidate "who seems least likely to be able to advance immoral legislation," or not vote at all in that contest. The Guides were produced by a group called Catholic Answers Action which has posted the full text of the guides on its website.

FBI Releases 2007 Hate Crime Statistics

The FBI yesterday released hate crime statistics for 2007. (FBI press release). Today's Washington Post reports on the data, indicating that the 7,624 incidents reflected a 1.3% drop from 2006. However the FBI does not include year-to-year comparisons in its release because the number of law enforcement agencies participating varies each year. 18.4% of the single bias incidents in 2007 involved religious bias. That is a decline of 4.2% from the previous year. The FBI's website contains links to the full data. 1400 incidents involving 1628 victims were religiously motivated. 969 or those incidents were anti-Jewish, 115 were anti-Islamic, 61 were anti-Catholic, 57 were anti-Protestant, 6 were anti-Atheist/Agnosticism. According to an ADL press release on the data, despite the overall decrease, anti-Jewish incidents increased slightly from 2006 when 967 were reported.

Conservative Religious Groups Working In Favor of California's Marriage Amendment

Today's New York Times reported on the personnel and funding that conservative religious groups are investing in the campaign to pass Proposition 8, the ballot measure that would ban gay marriage in the state. Religious leaders are framing the battle in apocalyptic terms. Charles W. Colson, the founder of Prison Fellowship Ministries, said: "This vote on whether we stop the gay-marriage juggernaut in California is Armageddon. We lose this, we are going to lose in a lot of other ways, including freedom of religion." And Tony Perkins, president of the Family Research Council, said of the ballot measure: "It’s more important than the presidential election. We've picked bad presidents before, and we’ve survived as a nation. But we will not survive if we lose the institution of marriage." Ads warn that churches that refuse to perform gay marriages could lose tax exemptions and that ministers will be jailed if they preach against homosexuality-- both of which charges are strongly denied by Proposition 8 opponents. Swedish pastor Ake Green, who was sentenced to a month in prison under Sweden's hate speech law for an anti-gay sermon, was featured in a satellite simulcast that was shown in 170 churches. The Times article fails to note that Sweden's Supreme Court reversed Green's conviction. (See prior posting.)

Group Urges Changes On 10th Anniversary of International Religious Freedom Act

Today is the 10th anniversary of the passage of the International Religious Freedom Act. In a press release distributed by e-mail, the Institute on Religion and Public Policy uses the occasion to criticize the weakness of the current structures under IRFA and to suggest a number of steps the U.S. should take to strengthen international religious freedom protections. It urges that the State Department's annual religious freedom report place countries in tiers according to how well they protect religious freedom. More dramatically, it recommends a number of structural changes that should be recommended to the next Congress:

· Create ongoing program funding within the Office of International Religious Freedom to support deserving local organizations that monitor religious freedom abuses in their countries.

· Strengthen the role of the Office of International Religious Freedom in the State Department by having it report directly to the Secretary as was congressional intent, rather than remaining under the rubric of the Bureau of Democracy, Human Rights and Labor.

· Ensure the Ambassador-at-Large for International Religious Freedom enjoys the full diplomatic and negotiating privileges of his rank, and has a more central role in shaping U.S. foreign policy, as called for in the act.

· Follow the recommendations of the act by naming a director-level individual in the National Security Council to oversee strategic religious liberty issues within the White House.

· Allow the federal U.S. Commission on International Religious Freedom to dissolve as scheduled in 2011, and hold in the meantime a Congressional oversight hearing to assess its performance.

UPDATE: To mark the anniversary, Pew Forum carries an interview with Allen Hertzke, author of a 2004 book on the birth and development of the international religious freedom movement, Freeing God's Children: The Unlikely Alliance for Global Human Rights.

Florida Church Ordered To Permit Member Inspection of Records

Florida Statutes, Sec. 617.1602 -.1604 permit members of not-for-profit corporations to inspect records of the corporation. According to Florida Today, a Brevard County (FL) circuit judge on Friday ordered Palm Bay, Florida's Zion Christian Church to permit one of its members to inspect elder board minutes and financial records so that she can determine how her tithes are being used. She also wants records regarding property sale, renovation or expansion. Church member Stephany Eley, who is also a member of West Melbourne (FL) city council, says she wants the information in part to help her decide how to vote in an upcoming election to replace a member of the church's board of elders. Eley dropped her demand for access to e-mails of church officers that discuss finances since the church does not have a central e-mail account. The court will rule on any redaction of privileged information by the church in furnishing Eley the records.

Israel's High Court Says Saturday Fencing Matches Discriminate Against Athlete

Arutz Sheva reported yesterday on a recent religious discrimination decision by Israel's Supreme Court. The Court has ruled that a decision by Israel's Fencing Association to reschedule a competition from Friday to Saturday constitutes religious discrimination against Yuval Freilich, a young Jewish athlete whose religious observance precludes his participation on the Sabbath. The court held that either Freilich must be allowed to compete on Saturday night after the end of the Sabbath, or else he must be awarded a technical victory in any competition held on Friday night or Saturday so that he can advance in the competition without violating his religious beliefs. [Thanks to Joel Katz for the lead.]

Recent Articles Of Interest

From SSRN:

• Paolo Farah, The Influence of Confucianism on the Construction of the Chinese Political and Juridical System, in IDENTITA EUROPEA E POLITICHE MIGRATORIE, Giovanni Bombelli and Bruno Montanari, eds., pp. 193-226, (Vita e Pensiero, pp. 193-226, 2008).


• Christine Chambers Goodman, Beneath the Veil: Corollaries on Diversity and Critical Mass Scholarships from Rawls' Original Position on Justice, (Washington and Lee Journal of Civil Rights and Social Justice, Vol. 13, No. 2, 2007.)


• Paul Horwitz, Churches as First Amendment Institutions: Of Sovereignty and Spheres, (Harvard Civil Rights- Civil Liberties Law Review, Forthcoming.)

From SmartCILP:

• Jose A. Lindgren Alves, Race and Religion in the United Nations Committee on the Elimination of Racial Discrimination, 42 University of South Florida Law Review 941-982 (2008).


• Virginia Hancock, "No-self" at Trial: How to Reconcile Punishing the Khmer Rouge for Crimes Against Humanity With Cambodian Buddhist Principles, 26 Wisconsin International Law Journal 87-129 (2008).

Teacher's ADA Claim Dismissed Under Ministerial Exception

In EEOC v. Hosanna-Tabor Evangelical Lutheran, 2008 U.S. Dist. LEXIS 85719 (ED MI, Oct. 23, 2008), a Michigan federal district court dismissed a retaliation claim under the Americans with Disabilities Act brought by a "called" teacher holding the title of "commissioned minister" in a Lutheran school. It held that the teacher must be considered a ministerial employee. It found that the "ministerial exception" for religious employers applies to ADA claims as well as Title VII claims.

Converts Not Complying With Indian State's Conversion Law

In the Indian state of Orissa, District Collector Krishan Kumar says that individuals converting to Christianity are not complying with the Orissa's 1989 Freedom of Religion Act that calls for converts to submit a form to a district magistrate. Express Buzz yesterday reported that between 1989 and 2008, only two individuals filed, while the Christian population of the Orissa went up by over 42,000. While some of the increase is likely due to migration, much of it is also from conversions.

Recently Available Prisoner Free Exercise Cases

In Lewis v. Ollison, 2008 U.S. Dist. LEXIS 54591 (CD CA, July 14, 2008), a California federal district court accepted the recommendation of a magistrate judge (2008 U.S. Dist. LEXIS 82623, June 10 2008), and dismissed a free exercise and RLUIPA complaint by a Muslim prisoner. Plaintiff challenged prison limits on the amount of prayer oil that he could possess and rules that required that during lockdowns he must go the the showers only partially dressed.

In Terrell v. Montalbano, 2008 U.S. Dist. LEXIS 84260 (WD VA, Oct. 21, 2008), a Muslim prisoner complained that prison officials denied him a religious diet for six months so they could evaluate the sincerity of his religious beliefs. A Virginia federal district court dismissed plaintiff's First Amendment challenge to this, but permitted him to move ahead with his RLUIPA challenge.

In Morris v. Newland, 2008 U.S. Dist. LEXIS 71875 (ED CA, Sept. 22, 2008), a California federal district court adopted recommendations of a federal magistrate (2008 U.S. Dist. LEXIS 84506)and dismissed free exercise and RLUIPA claim by a Muslim prisoner who objected that he was required to expose his naked body to female correctional officers. The court found that plaintiff's history of administrative discipline for inappropriate sexual behavior in the presence of female correctional officers defeated his claim.

In Martin v. Roche, 2008 U.S. Dist. LEXIS 84603 (D CA, Sept. 8, 2008), a California federal magistrate judge rejected a claim by a Muslim inmate that his free exercise rights were violated when prison authorities denied him a copy of the Quran and a religious diet when he was placed in administrative segregation.

In Horacek v. Burnett, 2008 U.S. Dist. LEXIS 84903 (ED MI, Aug. 19, 2008), a Michigan federal magistrate judge recommended that a Jewish prisoner be permitted to move to trial with most of his free Exercise, RLUIPA and infliction of emotional distress claims growing out of authorities' refusal to permit him to enter the Department of Corrections kosher meal program.

In Subil v. Sheriff of Porter County, 2008 U.S. Dist. LEXIS 85499 (ND IN, Oct. 22, 2008), a Jewish prisoner claimed that various restrictions infringed his rights under RLUIPA and the first amendment. An Indiana federal district court rejected his challenge to limitations on possessing certain religious items. While it found some merit in his complaint about access to a kosher diet and sabbath observance, it held that plaintiff could not get injunctive relief since he was no longer held in the jail about which he complained, and that he could recover only nominal damages for the violations if he ultimately succeeds.

Report Appears To Clear Three Baha'is Imprisoned In Iran

On Friday, Baha'i World News Service said that a confidential report issued in June by an Iranian investigator clears a group of Baha'is who were arrested in Shiraz, Iran in 2006. The investigation leading to the report was apparently undertaken at the request of Iranian provincial authorities. The report concludes that that the Baha'is were engaged solely in humanitarian work and were not teaching the Baha'i Faith. Three of the Baha'is are still being held in prison by Iranian authorities.

Preliminary Agreement Reached In Atlanta Church Zoning Case

Alliance Defense Fund on Friday announced an agreement with the city of Atlanta under which the city would allow Kingdom First Ministries to operate out of a building it has leased in Atlanta's Historic West End. The court issued a consent order (full text) in the case, under which the church can begin operating immediately and the parties agree to work toward a full settlement of the case. Earlier this month ADF filed a RLUIPA lawsuit against the city on behalf of the church. (See prior posting.)

Canadian Court Rejects Anti-Abortion Tax Protester's Defense

Friday's Edmonton (AB) Sun-News reports that a Court of Queen’s Bench justice has dismissed the appeal of a Canadian tax protester. Abortion foe David Little was convicted of failing to file tax returns. Little unsuccessfully claimed that his religious freedom under Canada's Charter of Rights and Freedoms is violated if he is forced to pay taxes that are used, in part, to fund abortions.

Tanzanian Christians Say Move To Join OIC Violates Constitution

African Press Agency reported yesterday that in Tanzania, Christian church leaders have called for the resignation of the country's minister for Foreign Affairs and International Cooperation. The Christian leaders say tat his moves to have Tanzania join the Organization of the Islamic Conference violates Tanzania's constitution. Part I, Sec. 19 of the Constitution provides: "the profession of religion, worship and propagation of religion shall be free and a private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state authority."

Georgia Court Says Free Exercise Objection to Evidence Not Preserved For Appeal

In Seibert v. State, 2008 Ga. App. LEXIS 1137 (GA Ct. App., Oct 22, 2008), a Georgia state appellate court rejected a claim by defendant, who had been convicted on stalking charges, that the trial court violated his right to free exercise of religion by admitting into evidence a prayer that he had composed. The document was introduced as impeachment evidence against defendant. The court said that while defendant had objected to introduction of the letter at trial, he never raised the free exercise clause as the basis for his objections and thus did not preserve that issue for appeal.

Jury Finds No Fraud In Assertion Behind Episcopal Priest's Removal

In Philadelphia (PA), a state trial court jury yesterday found for Episcopal Bishop Charles E. Bennison Jr. in the lawsuit against him for fraudulently removing Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA). The jury found for the diocese on an issue that was critical to all other issues in the case-- whether the diocese engaged in fraud when it asserted that Moyer "abandoned the communion of the Episcopal Church" in 2002. The judge ruled that this finding ended the case, and that the court did not need to get to the question of whether Bennison concealed from Moyer his plan to remove him without a church trial. The Philadelphia Inquirer reported yesterday on the decision, which avoids anticipated appeals on the broader question of whether a civil court could hear the case. Moyer claimed it could because he was improperly denied a church trial on his removal. (See prior posting.)

Utah AG Candidates Say Voters Want To Know Their Stands On Polygamy

Today's Houston Chronicle reports that the opposing candidates for state Attorney General in Utah say the question they are first asked by voters is their views on enforcing anti-polygamy statutes. Incumbent Republican Attorney General Mark Shurtleff, who supported Texas authorities' raids on the FLDS compound earlier this year, says Utah should investigate and prosecute crimes associated with polygamy, such as incest, child sexual abuse and welfare fraud. However, he says, the state lacks the resources to more generally prosecute thousands of consenting adults in the state who are polygamists. His political opponent, Democrat Jean Welch Hill, says that prosecutions should be limited to other crimes associated with polygamy. She argues that Utah's general bigamy statute is unconstitutional under the U.S. Supreme Court's 2003 ruling in Lawrence v. Texas.

Court Dismisses Title VII Claim By Pastor Against Catholic Archdiocese

In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 85317 (D NE, Oct. 22, 2008), a Nebraska federal district court dismissed a Title VII discrimination claim by an assistant pastor who was suspended from exercising priestly functions by the Omaha Catholic Archdiocese. Plaintiff alleged national origin and race discrimination, sexual harassment and retaliation. The court concluded that all the claims relate to adverse personnel action against plaintiff. It said: "A court cannot interfere in such decisions without becoming entangled in matters of religion in violation of the First Amendment's Establishment Clause." The court also refused to exercise supplemental jurisdiction over plaintiff's defamation claim. (See prior related posting.)

IRS Asked To Investigate Anti-Obama Letter From Bishop

Earlier this week, Americans United announced that it has written the Internal Revenue Services (full text of letter) asking it to investigate a letter published by Catholic Bishop Arthur J. Serratelli of Patterson, New Jersey. The letter, which AU says violates IRS rules on endorsement of candidates by non-profit organizations, is titled "A Politician’s Promise: No Right to Life! No Freedom!." It criticizes Barack Obama for his stand on abortion legislation and says: "Every vote counts. Today, either we choose to respect and protect life, especially the life of the child in the womb of the mother or we sanction the loss of our most basic freedoms." The letter was posted on the diocese website and published in its newspaper.

Venezuelan President Meets With Russian Orthodox Official

Itar-Tass reports that Venezuelan President Hugo Chavez met in Caracas yesterday with a leader of the Russian Orthodox Church, Metropolitan of Smolensk and Kaliningrad Kirill. Kirill, who was leading a delegation to Venezuela, discussed church-state relations with Chavez. Chavez stressed his adherence to Christian values and asked Kirill for a blessing. At the end of the meeting, Chavez proposed building of a Russian Orthodox temple in Caracas as a spiritual symbol of the developing relations between Russia and Venezuela.