Israeli Police Break Up Fight Between Monks In Church of Holy Sepulcher

The Jerusalem Post reported that Israeli police entered the Church of the Holy Sepulcher last Sunday and arrested two monks after a fight broke out between them at the site of Jesus' crucifixion, burial and resurrection. The dispute between Armenian and Greek Orthodox monks involved a Greek Orthodox attempt to place a monk inside what is believed to be the tomb of Jesus. The incident occurred during the annual Armenian procession commemorating the 4th-century discovery of the cross believed to have been used for Jesus' crucifixion. Total Catholic reported yesterday that a Franciscan official said the altercation resulted from confusion over "Status Quo Agreements" that regulate the way that six Christian groups divide control over the Church of the Holy Sepulcher. [Thanks to Religion and State in Israel for the lead.]

Court Says County Violated RLUIPA, Equal Protection In Denying Church Applications

In Reaching Hearts International, Inc. v. Prince George's County, (D MD, Nov. 4, 2008), a Maryland federal district court upheld a jury verdict in favor of a Seventh Day Adventist Church that, because of various regulations and administrative actions, was prevented from constructing a church and school on land it owned. The court said the church found itself engaged in "a fruitless three-year-long shadowboxing match that was doomed from the start."

The jury, in special verdicts, found that the county's actions were motivated, at least in part, by religious discrimination in violation of the Equal Protection Clause, and that those actions imposed a "substantial burden" on plaintiff's rights in violation of RLUIPA. Accepting those findings, the court concluded that the county failed to demonstrate a compelling interest for its actions and that its actions were not the least restrictive means that could be used. The court confirmed the jury's $3.7 million damage award and granted injunctive relief as well, in part ordering the county to consider future applications by the church "without any discriminatory animus." Yesterday's Maryland Daily Record reported on the decision.

Liberty Counsel Renews "Friend or Foe Christmas Campaign"

Liberty Counsel, a legal advocacy group, announced yesterday that it is launching its sixth annual "Friend or Foe Christmas Campaign." The campaign includes distribution of legal memoranda defending public references to Christmas and its celebration in the workplace. (Memo on Public Christmas Celebrations; Memo on Celebrating Christmas in the Workplace). The campaign, which provides "free assistance to those facing persecution for celebrating Christmas," focuses on situations such as use in retail ads of "holiday" instead of "Christmas", renaming of Christmas trees as "holiday trees", exclusion of religious Christmas carols in schools and bans on religious decorations in public places. Its "Naughty and Nice List" names retailers that specifically refer to Christmas and those that instead use more generic terms in their advertising, on their websites and in their stores.

Israel's New Divorce Law Aids Women By Accelerating Property Split

Israel's Knesset last week passed new divorce legislation that permits courts to award a financial settlement before the divorce is finalized by the giving of a religious divorce document ("get"). The Jerusalem Post reports that the new law will prevent husbands from using their power to refuse to give a get as leverage to achieve a better financial settlement or child custody rights. Under the new law, courts have the power to divide marital assets between the parties 12 months after the divorce action is filed, even if the divorce has not been finalized. Even earlier property distribution is permitted in cases of violent and abusive spouses. (Jerusalem Post.) Most, but not all, members of the Knesset from religious parties opposed the amendments to the Financial Relations Law. It was, however, strongly supported by women's rights proponents who have been working to resolve the problem of so-called agunot -- women who cannot remarry because their husbands refuse to give them a get. [Thanks to Religion and State In Israel for the lead.]

Louisiana Street Preachers' Suit Against City Dismissed

In World Wide Street Preachers Fellowship v. Town of Columbia, Louisiana, 2008 U.S. Dist. LEXIS 90674 (WD LA, Nov. 7, 2008), a Louisiana federal district court-- in a case on remand from the 5th Circuit-- held that a police officer was not motivated by the content of the speech of a group of demonstrators when he dispersed the group, arrested one of its members and threatened to arrest others. The group, an organization of street preachers, on several occassions carried signs protesting abortion and the ordination of women as ministers. The court held that because the officer, in dispersing the demonstration, did not offer protesters any alternative other than ending their demonstration, his interference was not narrowly tailored to further a significant governmental interest and leave open alternative channels of communication. However the court found no widespread municipal practice of infringing speech rights. Therefore it dismisssed plaintiffs' Section 1983 suit against the city. (See prior related postings 1, 2 .)

Indian Court Rejects Ban On Publication of Hindu Book

In India yesterday, the Delhi High Court reversed a lower court decision that had banned the Sarvadeshik Press from publishing of a 135-year old Hindu religious book, Satyarth Prakash, written by social reformer Swami Dayanand Saraswati. IANS reports that the lawsuit challenging the book had alleged that its publication hurt the religious sentiments of Muslims. The High Court said it was not its role to decide on the truthfulness of religious books or to regulate religious sentiments, and said the lawsuit was merely a publicity stunt.

Appeal and New Suit Continue Challenge To Sale of FLDS Property

Members of the FLDS Church are attempting in both state and federal court to prevent the sale of Berry Knoll, a large tract of farm land along the Utah-Arizona border owned by the Church's United Effort Plan Trust. The land was supposed to be a future site of an FLDS temple. The sale is being proposed by the special fiduciary appointed by a Utah state court. (See prior posting 1, 2.) Yesterday's Deseret News reports that the members have filed an emergency appeal with the Utah Supreme Court to block the sale. Church representatives argue that the lower court proceedings that were supposed to ensure that the UEP Trust was properly administered have "now become a vehicle ... to ensure that the trust is administered to destroy and thwart the religious doctrines and goals of the FLDS Church." Also, according to the paper, a lawsuit had now been filed against the fiduciary, Bruce Wisan, in Arizona by FLDS member Willie Jessop.

European Parliament Says Sikh Members Cannot Wear Kirpan In Building

Asian Image reported yesterday that security authorities at the European Parliament in Brussels have decided that the Sikh kirpan (ceremonial dagger) is a security threat, and so have refused to allow Sikh Parliament members to enter the Parliament building wearing their religious daggers. This prevented a new All-Party Sikh Interest Group from holding their planned first meeting in one of the Parliament's main rooms.

Israel's High Court Orders Bus Company To Accept Ads of Women Candidates

In Israel, elections for mayor and City Council of Jerusalem are being held today. (Background JTA article.) Yesterday Israel's High Court of Justice, in a suit filed by the Wake Up Jerusalem movement, ruled that the Egged Bus Cooperative cannot refuse to accept election ads that portray women candidate for Council. According to Y Net News, Canaan Advertising Agency that sells advertising space at the Egged bus stops had refused to accept the posters, fearing that Ultra-Orthodox Jews would destroy the posters and the bus stop shelters on which they hung.

University Offers Refund On Tickets To Controversial Plays

At Southeastern Missouri State University in Cape Girardeau, a student production of Christopher Durang's, Sister Mary Ignatius Explains It All for You, offended Wendy Kurka Rust. The campus theater in which the play was performed is one named after Rust-- presumably because she was a major donor to it. Yesterday's Southeastern Missourian reported that the University has offered to refund the play's $6.40 ticket price to anyone who requests it, and is also offering an $11.80 refund on tickets to Tony Kushner's, Angels in America. Rust wrote a letter to the school complaining about the Durang play, saying: "a play that ridicules and scorns the Christian religion under the label of satire is inappropriate to be included in the offering of season ticket holders." The University provost says that in the future, a committee will decide which plays being performed should be part of the season ticket package.

Recent Articles and Book Of Interest

From SSRN:

• P.G. Monateri, The Prophetic Nature of Equity, (THE CONCEPT OF EQUITY, Daniela Carpi, ed., pp. 69-82, Heidelberg, Winter 2007).


• Perry Dane, A Holy Secular Institution, (Emory Law Journal, Forthcoming, 2008).


• Susan J. Stabil, The Challenges of Opening a Dialogue between Catholic and Secular Feminist Legal Theorists, (U of St. Thomas Legal Studies Research Paper No. 08-33, Oct. 12, 2008).

New Book:

• Edward Kritzler, Jewish Pirates of the Caribbean: How a Generation of Swashbuckling Jews Carved Out an Empire in the New World in Their Quest for Treasure, Religious Freedom--and Revenge, (Doubleday, Nov. 18, 2008), reviewed by San Francisco Chronicle.

Malaysian Blogger Released, But Appeal Being Considered

In September, Malaysian blogger Raja Petra Kamarudin was arrested by Malaysian authorities under the Internal Security Act on charges that articles he posted threatened public order and security. He was charged with "causing tension among the country's multi-racial and multi-religious society" through postings on the news blog Malaysia Today of articles insulting to Muslims and the Prophet Muhammad and defamatory of Malaysia's leaders Amnesty International reported last Friday that the high court in the state of Selangor said that the arrest was unconstitutional and ordered Kamarudin released, ruling that the country's Home Minister Syed acted beyond his powers in having him arrested. However, the Daily Express reports that the Federal Attorney General's Office has been asked to look into a possible appeal of Kamarudin's release.

Recent Prisoner Free Excercise Cases

In High v. Baca, 2008 U.S. Dist. LEXIS 77385 (D NV, Oct. 1, 2008), a Nevada federal district court adopted a federal magistrate's recommendation (2008 U.S. Dist. LEXIS 88077 (Feb. 6, 2008)) not to dismiss plaintiff's claim that his free exercise rights were violated when officials served him breakfast during Ramadan before sunrise, instead of before dawn.

In Johnson v. Sisto, 2008 U.S. Dist. LEXIS 88253 (ED CA, Oct. 21, 2008), a California federal magistrate judge recommended denial of plaintiff's request for a temporary restraining order and preliminary injunction. Plaintiff prisoner alleged that he was denied substitutions for menu items forbidden by his religion and tht he was prevented from wearing his religious headwear in the library.

In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 89783 (D ME, Oct. 29, 2008), a Maine federal district adopted the recommendations of a federal magistrate judge (see prior posting) and dismissed claims by a Native American prisoner. The court concluded that a reasonableness test, rather than a compelling governmental interest test was proper as to plaintiff's First Amendment claims, and that plaintiff had waived his RLUIPA claim.

In Gilbert v. Steed, 2008 U.S. Dist. LEXIS 90507, (D KA, Nov. 6, 2008), a Kansas federal district court held that plaintiff had a plausible free exercise claim. He alleged that he was segregated from other inmates while eating his kosher diet.

In Ketzner v. Williams, 2008 U.S. Dist. LEXIS 90500, (WD MI, Sept. 30, 2008), a Michigan federal district court agreed with a federal magistrate's conclusion that temporarily removing prisoners from the Kosher Meal Program when they are in possession of non-kosher food items does not violate either the Establishment or the Free Exercise clause.

In Garrison v. Dutcher, 2008 U.S. Dist. LEXIS 90504, (WD MI, Sept. 30, 2008), a Michigan federal district court held that RLUIPA does not authorize individual-capacity claims. It held that plaintiff can move ahead on his official-capacity First Amendment and RLUIPA claims alleging delays in delivering him his spiritual herbs. It concluded that the test for a substantial burden under RLUIPA is whether the government, by act or omission, renders impracticable, significantly restricts, or forecloses one's religious exercise, or puts substantial pressure on an individual to modify his behavior in violation of his religious beliefs. Finally the court upheld a prison policy that requires books, including Bibles, to be received only directly from the publisher or an authorized vendor. (See prior related posting.) UPDATE: For later proceedings in the case, see 2009 U.S. Dist. LEXIS 91438 (June 29, 2009) and 2009 U.S. Dist LEXIS 90842 (Sept. 30, 2009).

Sikh Defendant Will Not Be Allowed To Wear Turban At Trial

Today's Stockton (CA) Record reports that a San Joaquin (CA) County Superior Court Judge has ruled that a defendant in a murder case who is a Sikh will not be allowed to wear his turban during trial. Judge Charlotte Orcutt ruled that there is too much risk that 56-year-old Gurparkash Khalsa could hide a weapon or noose in the 18 to 24 feet of fabric. There is concern that other inmates could use the turban to harm Khalsa in the courthouse holding cell, so Khalsa proposed putting it on just outside the courtroom. But this would require bailiffs to spend 10 to 15 minutes with him while he wraps his turban. Khlasa, who is is being held on charges of murdering his daughter's former boyfriend, is not allowed to wear his turban in jail either and has rejected the alternative of a smaller cloth head covering.

Tonight Is 70th Anniversary of Kristallnacht

Tonight is the 70th anniversary of Kristallnacht, a Nazi Germany pogrom that killed 92 Jews. Over 25,000 Jews were arrested and many were sent to concentration camps. Jewish businesses were vandalized and more than 200 synagogues were destroyed. The event is often seen as the beginning of the Holocaust. Vatican Radio reports that Pope Benedict XVI's Angelus Address today recalled the event and appealed more broadly against all forms of discrimination and anti-Semitism. He also called attention to the current slaughter of innocent civilians in the Democratic Republic of Congo. Also, marking Kristallnacht, Lubavitch.com reported on Jewish life in Germany today.

California School Board Says "No" To Display of "Under God" Motto

The trustees of Antelope Valley Union High School District in California last Wednesday defeated, by a vote of 3-2, a proposal to place the motto "one nation under God" on the wall of their board room. Yesterday's Contra Costa Times reports that board proponent Al Beattie said the line from the Pledge of Allegiance does not unconstitutionally promote religion. Opponent Ira Simonds said if any line from the Pledge were put up, he would prefer "with liberty and justice for all".

Rhode Island Auto Dealers Split Over Repeal of Sunday Closing Law

Yesterday's Providence (RI) Journal carries an article over the split among car dealers in Rhode Island over whether the state's ban on Sunday car sales should be repealed. Thirteen other states have similar laws. The Journal reports: "Rhode Island's 60 dealers have split into cultural camps: those who would jump at Sunday work even in a boom, versus those who'll never work on Sundays, even in the current bust."

Saudi Arabia Attempts To Deprogram Arrested Islamic Militants

Today's New York Times Magazine carries an article titled Deprogramming Jihadists. It describes the post-prison rehabilitation program used by Saudi Arabia to deprogram Islamic extremists. According to the article: "Most prisoners complete the program within two months. Upon release, each former jihadist is required to sign a pledge that he has forsaken extremist sympathies; the head of his family must sign as well. Some also receive a car (often a Toyota) and aid from the Interior Ministry in renting a home. Social workers assist former jihadists and their families in making post-release plans for education, employment and, usually, marriage."

Federal Suit To Be Filed On Behalf of Amish Over NY Building Codes

Several towns in northern New York have brought suits to enforce their building code requirements against members of a conservative Amish sect. (See prior postings 1, 2, 3 .) While state courts have rejected their free exercise defenses, WNYF News reported Friday that the Becket fund is planning to file a federal lawsuit against the Town of Morristown on behalf of nearly a dozen Amish men facing code violation charges there. In anticipation of that, a judge in Hammond (NY) has postponed further proceedings in an eviction proceeding against two Amish families there.

Louisiana City's Festival Creates Church-State Issue

Thibodeauxville, Louisiana's annual music and food festival has become the latest focus in the battle over the proper division between church and state. The flyer promoting the festival says it will include "all-day Christian music and dance." A citizen's complaint over this led the ACLU to write the mayor seeking an end to future city participation in events that highlight the Christian faith. However, according to Thursday's Lafourche Parish Daily Comet, the Thibodaux Chamber of Commerce says that it, not the city, is the sponsor of the annual festival, so no church-state issue arises. But the Louisiana ACLU says City Council has a cooperative-endeavor agreement of $10,000 with the Chamber to promote tourism and economic development. Yesterday's Daily Comet reports that the Alliance Defense Fund has offered free legal assistance to the city to fight the ACLU's charge. Chamber of Commerce president Kathy Benoit, though, says that the controversy has been one of the best sources of publicity for the festival.