Religion Clause

Thursday, December 25, 2008

Rubashkin Bail Denied Again; Court Says Law of Return Not Important Factor

In United Sates v. Rubashkin, (ND IA, Dec. 22, 2008), an Iowa federal magistrate judge denied a motion for reconsideration of an order for pre-trial detention of defendant Sholom Rubashkin, former CEO of an Iowa kosher meat packing plant that was shut down after a large-scale immigration raid earlier this year. Rubashkin argued that the original denial of bail involved religious discrimination because the magistrate judge indicated as one reason for denial the risk of flight to Israel where the Law of Return would permit Rubashkin to obtain citizenship. (See prior posting.) In denying reconsideration, the magistrate judge said:

Much of Defendant's argument is directed to the Court's reference to Israel's Law of Return. Defendant attaches too much significance to that single reference. At the time of the hearing, Mr. Weiss made it clear that if Defendant attempted to seek refuge in Israel, he would be subject to extradition.... and the Court accepted his representation.

Yesterday's Jerusalem Post reported on the decision. JTA reported yesterday that the Anti-Defamation League has written to U.S. Attorney General Michael Mukasey urging him to ensure that Israel's Law of Return is not used to deny bail to Jewish defendants.

President Sends Kwanzaa Greetings

On Wednesday, the White House released President Bush's 2008 Message for Kwanzaa (full text). He said in part: "As people across our country gather to commemorate this seven-day celebration, may we all be reminded that Kwanzaa is an opportunity to celebrate the many contributions of our African American citizens."

Wednesday, December 24, 2008

8th Circuit Denies Review of Religious Discrimination Judgment on Procedural Grounds

In EEOC v. Southwestern Bell Telephone, LP, (8th Cir., Dec. 19, 2008), the U.S. 8th Circuit Court of Appeals dismissed on procedural grounds an appeal by AT&T of a Title VII religious discrimination judgment against it obtained by the Equal Employment Opportunity Commission on behalf of two former Jehovah's Witness employees. AT&T refused to allow the two employees to take a vacation day to attend their annual religious convention. The employees were fired when they took the time off anyway. AT&T claimed that the employees did not hold a sincere religious belief requiring attendance at the conference and that they failed to mitigate damages. While AT&T had filed a motion for judgment as a matter of law under FRCP 50(a) before the case went to the jury, it failed to renew the motion through a Rule 50(b) motion after the verdict was rendered. (See prior related posting.)

Times Analyzes Appeal of Islamic Movements To Jordanian Youth

In another of its extended series of articles on the lives of youth in the Muslim world, today's New York Times profiles the increasing attractiveness of Islam to university students in Jordan. It says:

Today, the search for identity in the Middle East no longer involves tension between the secular and religious. Religion has won. The struggle, instead, is over how to define an Islamic society and government.

The Muslim Brotherhood is legal in Jordan, with a political party and a network of social services. The government permits it to operate, but the security services still control election outcomes. Some youth think the Brotherhood is too extreme while others criticize it for working within an un-Islamic political system. The article suggests that authoritarian governments see moderate Islamic movements as more of a threat than extremist ones. However, it argues:

The long-term implications of this are likely to complicate American foreign policy calculations, making it more costly to continue supporting governments that do not let secular or moderate religious political movements take root.

Other articles in the Generation Faithful series remain available online.

AALS Section Publishes Law and Religion Bibliogrpahy

The Association of American Law Schools Section on Law and Religion has issued its December 2008 Newsletter containing a 40-page bibliography of books and articles on law and religion published during the past year. It also contains a listing of blogs dealing with law and religion.

Obama Will Use Same Bible As Lincoln For Swearing-In

The Obama Presidential Inaugural Committee announced yesterday that president-elect Barack Obama will be sworn in on the Bible used by Abraham Lincoln at his 1861 inauguration. The velvet-bound Lincoln Bible was made available by the Library of Congress for the ceremony. Photos and more on the history of the Bible are included as part of the announcement. The oath of office will be administered to Obama by U.S. Supreme Court Chief Justice John G. Roberts, Jr.. The oath of office will be administered to vice-president elect Joseph Biden by U.S. Supreme Court Associate Justice John Paul Stevens. (Full schedule via the Washington Post.)

Texas Issues Report On Raid of FLDS Ranch

On Monday, the Texas Department of Family and Protective Services (DFPS) issued a 21-page report (full text) defending its highly publicized April raid of the polygamous FLDS Church's Yearning For Zion Ranch. It said that

12 girls are confirmed victims of sexual abuse and neglect because they were married at ages ranging from 12 to 15. There were 43 girls removed from the ranch from the ages of 12 to 17 – which means that more than one out of every four pubescent girls on the ranch was in an underage marriage. 262 other children were subjected to neglect because parents failed to remove their child from a situation in which the child would be exposed to sexual abuse committed against another child within their families or households.

Cases involving 424 children have been nonsuited. Lawsuits are pending in the cases of 5 mothers and their 15 children. The state has conservatorship of two girls, one of whom is with her mother. DFPS summarized its role:

In these cases, DFPS’s sole purpose was to protect the children, reunite them with their families when the children’s safety could be reasonably assured, and give those families better tools to protect their children from abuse or neglect in the future.

Yesterday's Dallas Morning News covers the DFPS report. (See prior related posting.)

Planned Anti-Abortion Protest At Inaugural Parade Hits Snags

The Christian Defense Coalition is planning a series of anti-abortion rallies and demonstrations during the Presidential inauguration. The Birmingham Letter Project website sets out the schedule and related information. In a letter (full text) sent to federal authorities last Tuesday, organizers requested a meeting with officials to work out the logistics of a demonstration scheduled during the inaugural parade. A press release from the group yesterday explains that they plan to display photos along the Inaugural Parade route depicting the development of a child from conception until birth. The National Park Service apparently is likely to issue a demonstration permit, but says it is unable to assure organizers that they will have access to the requested sidewalk locations. Four years ago, the group had a permit, but parade watchers had taken over their assigned area. Organizers this time have asked for early screened access so they will not be pre-empted by others. It is not clear whether this request will be granted.

Tuesday, December 23, 2008

Indiana City Rejects Prayer Box Proposal

Rensselaer, Indiana's City Council yesterday reluctantly voted down a proposal by local ministers to install a "prayer box" in the City Hall reception area. JC Online reports that the mayor and council members personally favored the idea, but were concerned about church-state issues it raised. The box-- like those already in private businesses-- would have allowed individuals to leave anonymous notes with requests for prayers of support or praise. The notes would be collected periodically and taken to local churches where the requested prayers would be offered.

Does Employment Accommodation Include Saying Merry Christmas?

How far does the obligation extend under employment discrimination laws to reasonably accommodate an employee's religious beliefs? A release yesterday by Liberty Counsel publicizing a case in Panama City, Florida raises the issue. Officials at Counts Oakes Resort Properties, a property management company, instructed employees to answer phones this month with the greeting "Happy Holidays." Tonia Thomas objected on the ground that her religious beliefs prevented her from contributing to the secularization of Christmas. She requested an accommodation to permit her to either say "Merry Christmas" or continue answering phones in the same way as they are answered all year. Her employer refused and ultimately fired her for insubordination. Thomas has filed a complaint with the EEOC.

Preliminary Injunction Allows Religious Sign To Remain Near US Highway

In Burritt v. New York State Department of Transportation, (ND NY, Dec. 18, 2008), a New York federal district court issued a preliminary injunction preventing the state of New York from enforcing its regulations relating to highway signs against a businessman who displayed a large religious sign on his property adjacent to US Route 11 in northern New York. Daniel Burritt believes he has a religious duty to communicate the Gospel of Jesus in all aspects of his life, including his business. At issue was a sign displaying a religious message placed on the side of a semi-trailer parked on Burritt's property.

Under the New York regulations, a sign on the premises of a business identifying the business can be displayed without a permit even adjacent to a highway, but a special permit is needed where the sign visible from the highway carries a different message. In enjoining enforcement while litigation on a permanent injunction is pending, the court said in part:

The State has not demonstrated a compelling interest for the Sign Laws' restriction on "off-premises" signs.... Plaintiff's trailer sign is apparently adjudged an "illegal sign" not because of its location on his property or its dimensions, but because of its content. It seems that a sign containing the same physical characteristics as Plaintiff's trailer sign but announcing the name of his business, "Acts II Construction, Inc.: Building Bridges for Jesus," would be allowed under the regulations. The Court cannot see how aesthetics and traffic safety are protected by a sign that displays the name of business, but are jeopardized by a sign of the same size and location that contains a religious message.... [T]he regulations are not narrowly tailored to achieve the ends that the regulations are intended to achieve.

Alliance Defense Fund yesterday issued a release discussing the decision, including a photo of the disputed sign. (See prior related posting.)

UPDATE: In March 2009, ADF announced that "a favorable settlement with the New York Department of Transportation" that permits the sign to remain.

New Study of Religious Affiliation of Members of 111th Congress

Pew Forum on Friday released a study of the religious affiliation of members of the new 111th Congress. Looking at the House and Senate together, 54.7% are Protestant (most from the mainline denominations), 30.1% are Catholic, 8.4% are Jewish, 2.6% are Mormon and 1.3% are Orthodox. The new Congress also includes 2 Buddhists and 2 Muslims. While 16.1% of American adults say they are unaffiliated, no one in Congress specifically claimed a lack of religious affiliation, though 5 members did not specify a religious affiliation. Included on the Pew Forum's website is a list of each member and his or her religious affiliation, a graphic summarizing the findings, and extensive additional data on affiliations in each house of Congress and of Congressional leaders. Reacting to the survey yesterday, Americans United says that denominational affiliation does not tell much about members' positions on particular issues.

Georgia's AG Supports Permitting Religious Garb In Courtrooms

Georgia's Attorney General Thurbert E. Baker says he supports changing court rules to permit the wearing of religious garments, including the Islamic hijab, in courtrooms. A press release yesterday by CAIR says that Baker wrote in response to CAIR's request for sanctions against a Douglasville (GA) judge who has barred from his courtroom Muslim women wearing religious headscarves. (See prior posting.) Baker wrote that policies "must be designed in such a way so as not to unnecessarily or inappropriately infringe on individuals' rights to observe their religious practices, including the wearing of religious garments...[I]t is difficult to imagine a security concern that could not be addressed in a way that would also accommodate an individual's religious practices related to dress. Religious freedom is a cornerstone of this nation's constitution and should be vigorously protected." Baker also sent a copy of his letter to the Georgia Judicial Qualifications Commission.

UPDATE: AP reported on Wednesday that Douglasville police officers, as well as city employees who work with the court, will be given sensitivity training, focusing on court restrictions and on special accommodations (such as hearings outside the court room) that are available. Also courtroom decorum rules will be posted around the building.

Monday, December 22, 2008

Malaysian Official Wary On Moves Toward Inter-Religious Understanding

In Malaysia today, according to a report by Bernama, Dr. Ahmad Zahid Hamidi, Minister in the Prime Minister's Department, spoke to reporters after opening the 4th Islamic Religious Enforcement Officers and Syariah Prosecutors' Conference and launching the Code of Ethics for Religious Enforcement Officers. He said that, at the urging of the Cabinet, he has asked various Islamic officials to meet with the Unity, Culture, Arts and Heritage Ministry to create new guidelines for better religious understanding. However, he believes that involvement of politicians in religious dialogue creates more problems. He urged that any inter-religious discussions or dialogues be held in private, saying: "The more such discussions are held, the further apart we will be. Therefore, our contention is that there should be less such discussions but more racial integration activities, such as holding functions together to honour religious leaders which can improve relations between people of different religions." Zahid also told reporters that so far 1,242 religious enforcement officer positions have been created-- one for every 23,000 Malaysians.

Vietnam Recognizes Presbyterians and Seventh Day Adventists

Earth Times reports today that the government of Vietnam has now officially recognized the Vietnamese branches of the Seventh-Day Adventist Church and the Presbyterian Church. The recognition took place in a ceremony in Ho Chi Minh City yesterday.

Poland's President Visits Synagogue Service For First Time In History

Lech Kaczynski, president of Poland, yesterday lit a candle in a ceremony marking the beginning of Hanukkah in a Warsaw synagogue. The Hanukkah service also included a prayer for the Polish nation written for the occasion. After the service, the president joined the congregation in sampling potato latkes-- a food that is a symbol of the holiday. Haaretz reports that this is the first time a Polish president has ever attended a religious service at a synagogue in Poland. The only other presidential visit came in the 1920's when Ignacy Moscicki visited a synagogue, but not for a religious service. Even as mayor of Warsaw, Kaczynski befriended the Jewish community, and for the past two years he has hosted a Hanukkah candle-lighting ceremony at the presidential palace. Kaczynski's example has created a spirit of tolerance that has spread to other officials in a country whose Jewish population was largely destroyed in the Holocaust. Meanwhile, current Warsaw Mayor Hanna Gronkiewicz-Waltz yesterday joined a candle-lighting Hanukkah ceremony in front of the Palace of Culture.

Former Armenian Churches In Georgia are Focus of Contention

An article in the Armenian Reporter and an interview with Armenian Bishop Vazgen Mirzakhanian focus on six church buildings in the nation of Georgia-- five of them in the capital of Tiblisi-- which are claimed by the Armenian Orthodox Church. The disputed churches were taken from the Georgian-Armenian Diocese during the Soviet era and the buildings were put to nonreligious uses. In a recent visit to Tiblisi by the prime minister of Armenia, one of the churches (Holy Norashen) was briefly opened for prayers and lighting of candles at a ceremony attended by the prime minister. Meanwhile, pending resolution of ownership, the former church buildings are not being cared for by the Georgian government and are falling into disrepair. The issue of the churches is now being discussed by political leaders of both Georgia and Armenia.

Sunday, December 21, 2008

Hanukkah Begins Tonight With Mixed Church-State Messages In DC

The Jewish festival of Hanukkah begins at sundown this evening. In Washington, DC, events project a mixed church-state message. On the Ellipse near the White House, the "National Chanukah Menorah" will be lit in a ceremony featuring, among others, the U.S. Navy Band. (Chanukah on the Ellipse website.) The menorah is a project of American Friends of Lubavich. Earlier this week, the White House hosted a Hanukkah reception. (See prior posting.) As reported last month by the New York Sun, this year's invitations to the White House Hanukkah reception raised some eyebrows. The front of the invitation pictured a Clydesdale horse hauling a Christmas tree up to the White House whose windows all displayed Christmas wreaths. Brooklyn Jewish community leader Isaac Abraham joked that this must be depicting the Christmas tree being taken out of the White House with the menorah being brought in the back door. A number of commentators, such a this item from the Houston Chronicle, suggest that there is irony in the increasing mixing of Hanukkah with Christmas since the holiday celebrates the victory of those who opposed the assimilationist force of Hellenism in the second century BCE.

British Marriage Registrar Loses Discrimination Appeal

In London Borough of Islington v. Ladele, (EAT, published Dec. 19, 2008), Britain's Employment Appeal Tribunal reversed a lower Tribunal's decision (see prior posting) and held that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing to register same-sex civil partnerships. In a 47-page decision, the appellate tribunal said in part:

The claimant’s complaint on this score is not that she was treated differently from others; rather it was that she was not treated differently when she ought to have been.... That is a complaint about a failure to accommodate her difference, rather than a complaint that she is being discriminated against because of that difference....

[P]art of the commitment to the promotion of equal opportunities and fighting discrimination is that employees should not be permitted to refuse to provide services to the community for discriminatory reasons.... [R]equiring the staff to act in a non-discriminatory manner was entirely rationally connected with the legitimate objective....
The council were entitled to take the view that they were not willing to connive in that practice by relieving Ms Ladele of these duties, notwithstanding that her refusal was the result of her strong and genuinely held Christian beliefs. The council were entitled to take the view that this would be inconsistent with their strong commitment to the principles of nondiscrimination and would send the wrong message to staff and service users....

The claimant's beliefs were strong and genuine and not all of management treated them with the sensitivity which they might have done. However, we are satisfied that the Tribunal erred in finding that any of the grounds of discrimination was made out.

BBC News reported on the decision on Friday. The Christian Institute issued a release stating that claimant Lillian Ladele plans to appeal to the Court of Appeal.