Sikhs Challenge French Ban on Turbans At UN Human Rights Commission

A petition was filed Monday with the United Nations Human Rights Commission against the French government by the advocacy group United Sikhs. The petition, on behalf of three individuals, challenges a French law that bans the wearing of turbans in schools, and in photos for government identification documents. The petition claims that France is denying Sikhs human rights guaranteed by Articles 2, 17, 12, 18, and 26 of the International Covenant on Civil and Political Rights. One of the petitioners was expelled from school for wearing a turban; one cannot get public health services without an ID card; and the third was refused renewal of ID documents. Kuldeep Singh, of the United Sikhs, said: "Under the ICCPR, France may restrict these fundamental rights on only the most compelling grounds, and may do so only so far as absolutely necessary." Last month, the European Court of Human Rights in Singh v. France [decision in French], (Nov 13, 2008), rejected a similar claim. SamayLive and The Times of India yesterday both reported on the petition.

USCIRF Issues New Report on Religious Freedom In Iraq

The U.S. Commission on International Religious Freedom today issued a report on religious freedom concerns in Iraq, and (over the dissent of four commissioners) recommended that Iraq be designated as a "country of particular concern" under the International Religious Freedom Act. USCIRF's press release summarizes the full report which focuses on both intra-Muslim violence and abuses against non-Muslim minority groups (particularly Christians, Mandaeans, and Yazidis). Commission Chair Felice D. Gaer said: "The lack of effective government action to protect these communities from abuses has established Iraq among the most dangerous places on earth for religious minorities." The Commission unanimously recommended a series of steps in eight different areas that need to be taken in order to improve the religious freedom situation in the country. (See prior related posting.)

Correction

Earlier today I had up a posting on a US House resolution honoring Christmas. That was a resolution passed last year, not this year. The post has been removed. Sorry for the confusion.

Establishment Clause Challenge to AIG Bailout Cites Shariah-Compliant Products

A press release from the Thomas More Law Center announced the filing yesterday of an Establishment Clause challenge to the federal bailout of the giant AIG insurance company (American International Group, Inc.). At issue is the $40 billion in federal taxpayer funds given to AIG in exchange for preferred stock. The funds were part of the Troubled Asset Relief Program authorized by Congress. The lawsuit (brought on behalf of a Catholic Marine veteran who served in Iraq and Kuwait) centers on the fact that one of AIG's subsidiaries offers Shariah-compliant financial products and business plans, such as Takaful Insurance. The complaint in Murray v. Paulson, (ED MI, filed 12/15/08) (full text) argues that by reason of the large federal ownership interest in AIG, the federal government is a joint participant in all the business activities of the company. The complaint goes on to allege:

The Takaful Insurance business of AIG is pervasively sectarian. Its secular purposes and its Shariah-based Islamic religious mission are inextricably intertwined. Consequently, federal aid in the form of taxpayer funds is flowing directly to a pervasively sectarian entity.

Business Week, reporting on the case, quotes University of Louisville law professor Sam Marcosson who characterized the Establishment Clause claim as "preposterous."

President Hosts Annual White House Hanukkah Reception

Yesterday evening, President Bush hosted his annual Hanukkah reception in the Grand Foyer of the White House. In his remarks (full text), the President said in part:

This Hanukkah we celebrate another miraculous victory -- the 60th anniversary of the founding of the state of Israel. When President Harry Truman led the world in recognizing Israel in May of 1948, many wondered whether the small nation could possibly survive.... Like the Maccabees, Israel has defended itself bravely against enemies seeking its destruction. And today, Israel is a light unto the nations -- and one of America's closest friends.

This evening, we have the great privilege of celebrating Israel's 60th anniversary and Hanukkah in a very special way. Thanks to the generosity of the Truman Library, we are fortunate to light the menorah presented to President Truman in 1951 as a symbol of friendship by Israel's first prime minister, David Ben-Gurion.

After the President's speech, the Truman menorah was lit by the grandson of Harry Truman and the grandson of David Ben-Gurion. A video of the entire program is available on the White House website.

7th Circuit: Muslim Lawyer's Discrimination Claim Should Go To Trial

In Hasan v. Foley & Lardner LLP, (7th Cir., Dec. 15, 2008), the U.S. 7th Circuit Court of Appeals reversed an Illinois federal district court's grant of summary judgment for defendant in a religious/ national-origin employment discrimination case. Plaintiff, a Muslim of Indian descent, was employed as an associate in a Chicago law firm until he was fired in late 2002. He claims that the firm began to treat him differently after the 9-11 terrorist attacks. The court held that the "mosaic of evidence"presented, along with other unresolved questions of fact, are enough that plaintiff should have survived a summary judgment motion made against him. Wall Street Journal reported on the case yesterday.

Newsweek Cover Story Challenges Biblical Opposition To Gay Marriage

The issue of Newsweek dated Dec. 15 carries a cover story by Lisa Miller on the battle over gay marriage from a different perspective. It challenges the notion that there is strong opposition to gay marriage in the Bible. Arguing that there are few examples of the so-called "traditional family" in the Bible, Miller goes on to contend that the passages which condemn homosexuality are marginal or misunderstood. Pointing out that the Biblical prohibitions first only refer to male homosexuality, she calls the passages in Leviticus "throwaway lines in a peculiar text given over to codes for living in the ancient Jewish world, a text that devotes verse after verse to treatments for leprosy, cleanliness rituals for menstruating women and the correct way to sacrifice a goat...." And she suggests that the New Testament's apparent condemnation of homosexuality in the epistles of Paul is really an attack on the "depravity of the Roman emperors."

Pope Visits Italian Embassy To Mark Upcoming Lateran Treaty Anniversary

Pope Benedict XVI yesterday visited the Italian embassy to the Holy See to mark February's upcoming 80th anniversary of the Lateran Treaty. The Treaty established Vatican City as an independent state, separating it from Italy. Zenit reports that Benedict is the fourth pope to make such a visit. In his remarks, the Pope called separation of church and state "one of the great advances of humanity," and said that the separation implemented by the Treaty is "a fundamental condition for [the Church's] very liberty and the fulfillment of its universal mission of salvation among all peoples." However he asked for cooperation between church and state that share common ideals of justice, solidarity and peace, saying that the Church has a duty "to awaken moral and spiritual forces in society."

Supreme Court To DC Circuit: Reconsider Gitmo Case Involving Religious Harassment

Today the U.S. Supreme Court told the D.C. Circuit Court of Appeals to reconsider its decision in a case brought by Guantanamo detainees alleging arbitrary detention, torture and violations of their religious rights. Among other things, the detainees alleged that they were interrupted as they prayed, that they were denied copies of the Qur'an and prayer mats, that a copy of the Qur'an was thrown in a toilet and that they were forced to shave their beards that they wore for religious reasons. The Court of Appeals had held that all the claims should be dismissed, including the detainees' claims under the Religious Freedom Restoration Act. (See prior posting.) Today in Rasul v. Myers, (Docket No. 08-235, Dec. 15, 2008), the Supreme Court issued an order (Order List full text) granting certiorari, vacating the judgment below and remanding the case to the Circuit Court for consideration in light of the Supreme Court's intervening decision in Boumediene v. Bush. That case held that Guantanamo detainees may seek habeas corpus relief. Today's Baltimore Sun and Reuters both report on the Rasul decision.

Christmas 2008 At the White House-- Theme and Cards

Again this year the White House website has a section devoted to Christmas activities of the first family. This year's theme is "A Red, White and Blue Christmas." According to the website, the theme "celebrates the patriotic spirit that unites us as Americans." This year's White House holiday card (photo of card [from Free Republic]) depicts a view of the Washington Monument from the White House's Truman Balcony. (Hallmark news release about the design.) Inside, the card has a verse from Matthew (5:16) and the wish: "May your heart and home be filled with the joys of the holiday season." For those who watch this sort of thing, again this year the card nowhere contains the word "Christmas". (See prior posting.) Hallmark's news release also depicts this year's vice presidential card.

Newdow Loses Defamation Action Against Minister

A release from the Thomas More Law Center last week reported that a California state trial court has dismissed a defamation lawsuit that activist Michael Newdow had filed against Reverend Austin Miles. Newdow is best known for his lawsuits challenging the constitutionality of the Pledge of Allegiance containing the words "under God." Newdow's defamation suit arose out of two website postings by Miles in 2002 accusing Newdow of lying to the courts about the reaction of Newdow's daughter's to reciting the Pledge of Allegiance in schools. (See prior posting.) According to Thomas More Law Center, on Nov. 20 the trial judge found that Newdow was not defamed and was not entitled to damages.

Australian State's Schools Will Add Humanism As Alternative Class

In the Australian state of Victoria, public grade-schools allot 30 minutes per week to religious instruction taught by accredited volunteers. Students now have a choice of classes taught by Christian, Jewish, Buddhist and Baha'i instructors. The Age reported yesterday that the state's accrediting agency is about to approve a curriculum approved by the Humanist Society of Victoria as yet an additional alternative. Access Ministries, the group that accredits some 3500 Christian volunteer instructors, objects saying that Humanism is not a religion and should not be taught in the time allocated for religious education. [Thanks to Scott Mange for the lead.]

Recent Articles and Book of Interest

From SSRN:

• Stephen A. Newman, From John F. Kennedy's 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics, (New York Law School Law Review, Forthcoming).
• Brian D. Galle, The LDS Church, Proposition Eight, and the Federal Law of Charities, (Northwestern University Law Review, Forthcoming).
• Douglas Linder, Falwell v. Flynt Trial, 1984, (December 4, 2008).

From SmartCILP:

• Mark David Welton, Islam, the West, and the Rule of Law, 19 Pace International Law Review 169-194 (2007).

New Book:

• Peter Cane (ed.), Law and Religion in Theoretical and Historical Context, (Cambridge Univ. Press, Nov. 2008).

Indonesian Cult Leader Arrested, Charged With Blasphemy

In Indonesia, cult leader Lia Aminuddin (also known as Lia Eden) was arrested this morning and charged with blasphemy, according to the Jakarta Post. Some 23 of her Kingdom of Eden followers were also taken into custody. Already convicted of blasphemy in 2006 and sentenced to two years in prison, she is now charged with distributing books, pamphlets and CDs with her message that God wants every religion annulled. She also has used a website to make her revelation known. She claims to be the Holy Spirit, God's messenger Gabriel and the reincarnation of the Virgin Mary. When arrested, she said that divine revelation told her to refuse a lawyer and instead defend herself.

New Alabama Christian Youth Facility To Give Judges A Placement Option

The non-profit group, Youth Reach, is opening a 9-bed Christian-based group foster home outside Summerdale, Alabama tomorrow. A second 9-bed facility is under construction. They are designed for long-term stays by troubled boys ages 12 to 21. A girls' facility is planned for the future. Some 30 area churches and other supporters raised over $1 million to fund the project. The AP reported yesterday that the home is intended to give Alabama judges a facility in which they can place juvenile offenders. Some of the first 5 boys moving in Monday are coming from area jails. Though no mention is made of the issue, presumably any placements need to be voluntary on the part of the parents or children involved to avoid church-state problems. Youth Reach describes its philosophy on its website:

First and foremost, we are a Christian ministry built on the foundation of God’s Word. We are not religious, but we take advantage of the power found in a relationship with Jesus to witness the healing of young lives.

New Texas Sheriff Reaches Out To Sikhs In Light of Recent Incident

Friday's Houston Chronicle reports on efforts by Adrian Garcia, the new sheriff-elect of Harris County, Texas, to reach out to the local Sikh community after Sikh Coalition criticized the handling of an incident by deputies under outgoing sheriff Tommy Thomas. In the incident, members of a Sikh family called 911 to report a Nov. 26 burglary. The family charges that when deputies arrived, instead of investigating the complaint, they became alarmed at the kirpan (ceremonial dagger) worn by Kawaljeet Kaur. Other deputies arrived and began handcuffing and cursing family members. It is alleged that one deputy made reference to the "bombings in Bombay" that had just taken place. The Sheriff's Office is currently investigating the incident, and Internal Affairs Division has already met with the family.

Witch Sues University of Nebraska For Employment Discrimination

AP reported yesterday on a state court lawsuit filed earlier this month by a woman, identified only as Jane Doe, who claims she was fired by the University of Nebraska because of her religion. The woman alleges that she was removed as director of a youth program when the University discovered that she was a witch. The Nebraska Equal Opportunity Commission has already ruled in the woman's favor.

Publications Charge Army With Improper Aid To Missionaires Filming TV Show

Jason Leopold at The Public Record yesterday, following up on a claim in the weekly newsletter of the Military Religious Freedom Foundation, charges that the U.S. Army was improperly entangled in the filming of an episode of the Trinity Broadcasting Network's Christian reality TV series titled Travel the Road. The series follows two so-called "extreme missionaries" who travel around the world to preach the gospel. The 2006 season of the program ended with three episodes filmed in Afghanistan. The missionaries, Will Decker and Tim Scott, were embedded with the Army in Afghanistan for the programs. They accompanied Army soldiers on patrol and say in one episode that a Staff Sergeant played a hands-on role in helping them facilitate proselytizing of Afghans. Apparently the missionaries distributed copies of the New Testament translated into Dari to Afghans.

Recent Prisoner Free Exercise Cases

In Parks v. Brooks, (9th Cir., Dec. 2, 2008), the U.S. 9th Circuit Court of Appeals reversed a grant of summary judgment and ordered a prisoner's claim that he was wrongly denied kosher meals to go to trial. The court held that the sincerity of plaintiff's religious beliefs is a question of fact that cannot be decided by summary judgment. It also held that the trial court should have considered the prison regulations under RLUIPA even though the pro se plaintiff did not cite to the statute. Plaintiff was permitted to proceed with his damage claim for past violations, even though the prison was now serving him kosher meals. As reported by AP, plaintiff, who is black, was originally refused kosher meals because he had no "hereditary connection" to Judaism and could not show "a substantial philosophical understanding" of it.

In Mello v. Martinez, 2008 U.S. Dist. LEXIS 98547, (ED CA, Nov. 25, 2008), a California federal magistrate judge found that a Native American inmate had failed to adequately allege free exercise or RLUIPA violations in connection with authorities' refusal to permit him to take various religious objects with him when he was transferred to a different facility. The court dismissed the complaint with leave to amend.

In Gonzalez v. Corrections Corporation of America, 2008 U.S. Dist. LEXIS 98667, (ND MS, Dec. 5, 2008), a Mississippi federal court held that a Muslim inmate's religious exercise was not substantially burdened by his failing to receiving meals that met his religious requirements 13 times over a course of 8 months. The court held it was sufficient that the rest of the time he was served vegetarian meals which met his religious requirements, even though he would have preferred kosher meals. The court rejected his claims under RLUIPA, the free exercise and the equal protection clauses. In reaching its decision, the court assumed without deciding that RLUIPA applies to a state prison that has been privatized.

In Bergmann v. Hanna, 2008 U.S. Dist. LEXIS 100329 (D DE, Dec. 11, 2008), a Delaware federal district court rejected a claim that a prisoner's free exercise rights were infringed when on one day she was denied permission to attend chapel services to protect her from others in attendance.

Gov. Palin's Wasilla Church Hit By Suspected Arson

Today's Anchorage Daily News reports that in Wasilla, Alaska, a fire of suspicious origin caused $1 million damage to the Wasilla Bible Church Friday night. Damage is mostly confined to the back corner of the building. The church became well known during the recent presidential elections as the church attended by Gov. Sarah Palin. Palin's office issued the following statement:

Gov. Palin stopped by the church this morning, and she told an assistant pastor that she apologizes if the incident is in any way connected to the undeserved negative attention the church has received since she became a vice-presidential candidate on Aug. 29. Whatever the motives of the arsonist, the governor has faith in the scriptural passage that what was intended for evil will in some way be used for good.

Arson investigators say that as of now they have no leads as to intent or motive and no indication at this time of a political motivation.