School District Barred From Promoting Prayer and Religious Activities

In Doe v. School Board for Santa Rosa County, Florida, (ND FL, Jan 9, 2009), a Florida federal district court issued a temporary injunction banning Santa Rosa County schools from promoting prayers during school-sponsored events; sponsoring religious baccalaureate services at schools; holding school-sponsored events at religious venues when other sites are reasonably available; permitting school officials to promote their personal religious beliefs or proselytize students in class or during school-sponsored activities; and otherwise unconstitutionally endorsing or coercing religion. A press release issued yesterday by the Florida ACLU says that the school district has already admitted to the court that religious activities in the schools have violated students' rights.

Chechnya Mandates Islamic Head Scarves In Public Buildings

In the Russian autonomous republic of Chechnya, requiring women at Chechnya's State University in Grozny to wear Islamic headscarves is part of a program by Chechen President Ramzan Kadyrov to promote an Islamic revival. Britain's Financial Times reported yesterday that the head scarf requirement applies in all public buildings. Many question whether the requirement violates church-state separation mandated by the Russian Constitution (Art. 14). Kadyrov brushes off questions about the legality of his program, saying: "Chechnya is 100 percent Muslim, and the spiritual revival of the population is essential for the rebuilding of the republic. No one can tell us not to be Muslims. If anyone says I cannot be a Muslim, he is my enemy."

Gene Robinson, Gay Episcopal Bishop, Will Deliver Prayer At Pre-Inaugual Event

Today's Concord (NH) Monitor reports that Episcopal Bishop Gene Robinson has been invited to deliver a prayer at an inaugural kick-off event at the Lincoln Memorial on the Sunday preceding the formal inauguration ceremony for President-Elect Barack Obama. Robinson is the Episcopal Church's first openly gay bishop and is a leader in the movement seeking equal rights for gays and lesbians. The invitation to Robinson was announced after continuing criticism from supporters of gay rights over the invitation to Pastor Rick Warren to deliver the invocation at the formal inauguration ceremony. (See prior posting.) Warren has been particularly outspoken in opposition to gay marriage.

Supreme Court Denies Review In City Council Prayer Case

Today the U.S. Supreme Court denied certiorari in Turner v. City Council of Fredericksburg, (Docket No. 08-518) (Order List). In the case, the U.S. 4th Circuit Court of Appeals (in a decision written by Sandra Day O'Connor sitting as a Circuit judge) upheld the policy of the Fredericksburg, Virginia city council that requires prayers which open its sessions to be nondenominational. (See prior posting.)

Vatican Diplomat Cardinal Pio Laghi Dies

AP reports that Cardinal Pio Laghi, a long-time member of the Vatican's diplomatic corps, died yesterday at the age of 82. After serving in several other countries, he was named the Vatican's envoy to Washington in 1980, before the countries had formal diplomatic relations. He oversaw the establishment of formal US-Vatican diplomatic relations and remained until 1990 as the Vatican's Apostolic Pro-Nuncio. In 2003, Pope John Paul II dispatched Laghi (who was a friend of the Bush family) to Washington with a letter to attempt to persuade George W. Bush not to invade Iraq. Yesterday President Bush issued a statement expressing condolences to Pope Benedict XVI and all Catholics on Laghi's passing, saying: "Cardinal Laghi always strove to unite people of all religions and promote reconciliation, religious freedom, and tolerance."

Church Assets Awarded In Divorce To Leader's Ex-Wife

In Florida, a Miami-Dade County state district court judge has decided that Growing in Grace ministry is so much the alter ego of its leader, Jose Luis de Jesus Miranda, that his ex-wife is entitled to half the assets of the 300-church organization, as well as those held in her husband's name. The ruling came in a divorce action awarding ex-wife Josefina Torres $2.2 million. Judge Roberto Pineiro wrote that de Jesus "dominates the ministry like only a god can.... In what other corporation does the board of directors literally worship the president?" The minister also owes his ex-wife $121,000 in back alimony, and his daughter JoAnn, the church's manager, must explain at a Jan. 21 hearing why the church has not complied with an order to deduct Torres' alimony from de Jesus' salary. McClatchy Newspapers reported Friday:

De Jesus exploded into popularity - and controversy - in the past few years after he declared himself to be Christ. He later claimed that his teachings replaced those of Jesus and so he should be called the Antichrist. He and his followers then began tattooing themselves with "666," a practice that generated protests and headlines.

An appeal is being prepared.

British Christian Retirement Home Loses City Grant Over Lack Of Openness To Gays

In another clash between Britain's Equality Act (Sexual Orientation) Regulations and Christian groups, Pilgrim Home in Brighton plans to bring a religious discrimination challenge to the revocation of a £13,000 grant from Brighton & Hove City Council. Pilgrim Homes advertises itself as operating residential care facilities with a "distinctive Christian ethos." LifeSite News reported last week that the grant revocation came because the home for elderly Christians failed to demonstrate to Council that it is open to the gay and lesbian community. Pilgrim Home says the problem began when its elderly residents did not want to answer a Council questionnaire asking whether they were lesbian, gay, bisexual, transgender or unsure of their sexuality. Also Council wanted the home to depict homosexuals in its promotional literature.

Recent Articles of Interest

From SSRN:

• James B. Johnston, The Bridge Connecting Pontius Pilate's Sentencing of Jesus to the New Jersey Death Penalty Study Commission's Concerns Over Executing the Innocent: When Human Beings with Inherently Human Flaws Determine Guilt or Innocence and Life or Death, (Rutgers Journal of Law and Religion, Forthcoming).


• Richard M. Esenberg, Of Speeches and Sermons: Worship in Limited Purpose Public Forums,(Mississippi Law Journal, Forthcoming).


• Assem M. Safieddine, Islamic Financial Institutions and Corporate Governance: New Insights for Agency Theory, (Corporate Governance: An International Review, Forthcoming).

British Judge Wants Courts To Aid Muslim Women In Obtaining Religious Divorce

Britain's National Secular Society reported last week that England’s first female Appeal Court judge and former head of the Family Division, Baroness Butler-Sloss, has urged a change to help Muslim women obtain religious divorces from their husbands. In a debate at London's Temple Church, she said that judges should not grant a civil divorce to a Muslim couple unless the couple has already divorced religiously. Under Islamic law, normally it is the husband who can issue a talaq (divorce). If a woman asks a shariah council to dissolve her marriage, she loses some of her financial rights. Britain's Divorce (Religious Marriages) Act 2002 already deals with a similar problem in Jewish divorces by allowing a wife to prevent a final civil divorce decree from being issued until the husband grants the wife a religious divorce.

The Act may already permit judges to apply it to Muslims as well. By its terms, it applies to parties who "were married in accordance with-- (i) the usages of the Jews, or (ii) any other prescribed religious usages; and (b) must co-operate if the marriage is to be dissolved in accordance with those usages."

Burma Orders Christians and Muslims To End Worship Services In Private Apartments

In the heavily Buddhist country of Burma, both Christians and Muslims were ordered last week to stop holding religious services in residential apartments. Mizzima reported on Wednesday that in Rangoon, the Kyauktada Township Peace and Development Council held a meeting with nearly 50 church leaders last Monday to deliver their demand. The use of apartments for services has grown since authorities stopped issuing permits in the 1990's for churches to buy lands and construct buildings. According to a subsequent report by Mizzima, Muslim leaders were separately summoned by authorities on Monday and similarly ordered to stop holding worship services in private apartments. The unavailability of government permits to build mosques has led to use of private venues for worship.

Religious Groups Plan Elaborate Post-Inauguration Demonstrations

Religious groups of various sorts are planning demonstrations in the days following the presidential inauguration. Diverse Issues In Higher Education on Friday reported that Christian, Jewish and Muslim clerics will join with immigrant right groups on the day after the inauguration to demonstrate for immigration reform. They expect 500 to attend the demonstration that will include a ritual cleansing of the national Immigration and Customs Enforcement headquarters. The ceremony will be based on African and Native American rituals that include "pouring of libations."

Meanwhile Christian pro-life activists want to demonstrate in front of the White House on January 24. A press release today from the Christian Defense Coalition says that Metropolitan Police refuse to permit the demonstrators to use "sidewalk chalk" to leave a display on the sidewalks adjacent to the White House. A letter (full text) from the DC Metropolitan Police included only a narrow demonstration permit, saying that use of sidewalk art would amount to illegal defacement of public property. In a response (full text), the American Center for Law & Justice threatened to sue if officials did not change their position.

Episcopalian Schism Continues To Generate Litigation

Litigation involving break-away Episcopal congregations continues. In Milwaukee (WI), Episcopal Bishop Steven A. Miller says the Diocese will sue to retain the property of St. Edmund's Episcopal Church. Last month, the parish voted overwhelming to leave The Episcopal Church and affiliate with the more conservative Convocation of North American Anglicans. (Virtue Online, 1/8). St. Edmonds sent a strongly worded letter to Bishop Miller announcing their decision.

Meanwhile, according to Virtue Online (1/10), in Binghamton, NY a state trial court has ruled that the property of Church of the Good Shepherd belongs to the Episcopal Church, and not to the parish that broke away when the Diocese began to approve same-sex marriage. Yesterday's Modesto (CA) Bee analyzes why schisms in the Presbyterian Church have been less litigious than those among Episcopalians.

Disciples of Christ Minister Will Deliver Sermon At National Prayer Service

A national prayer service is scheduled to be held at the National Cathedral on Jan. 21, the day after the presidential inauguration. Today's New York Times reports that president-elect Barack Obama has selected Sharon E. Watkins, president and general minister of the comparatively small, liberal-leaning, Christian Church (Disciples of Christ) denomination to deliver the sermon at the service. Watkins came to Obama's attention when she delivered an inclusive closing prayer at a meeting he held during the campaign with a diverse group of clergy.

UPDATE: AP reported on Jan. 14 on other participants scheduled to deliver prayers at the National Cathedral national prayer service: (1) Ingrid Mattson, the first woman president of the Islamic Society of North America; (2) rabbis representing the three major branches of American Judaism-- Reform Rabbi David Saperstein, Conservative Rabbi Jerome Epstein and Orthodox Rabbi Haskel Lookstein; and (3) Roman Catholic archbishop of Washington, the Most Rev. Donald Wuerl. Also Obama will follow the tradition of many presidents-elect and will attend a service at St. John's Church in Washington's Lafayette Square before the inauguration ceremony. St. John's is known as the "Church of the Presidents." The Washington Post (1/14) reviews the tradition of all presidents since Franklin Roosevelt (except Richard Nixon) attending a service at somewhere in D.C. on inauguration day morning.

French Cities Reportedly Finance Mosques Indirectly

Islamist Watch blog yesterday reported that mayors in French cities are indirectly subsidizing mosques by granting long term emphyteutic leases at low, or even nominal, rents to provide land on which the mosques will be constructed. Two of the leases have been the subject of litigation, with mixed results. Other mayors subsidize the cultural activities at mosques. A recent report says that 30% of funding for mosques comes from public treasuries, even though France has a strong secularist tradition.

Recent Prisoner Free Exercise Cases

In Gladson v. Iowa Department of Corrections, (8th Cir., Jan. 8, 2009), the U.S. 8th Circuit Court of Appeals held that no substantial burden was placed on religious practices of Wicca prisoners when they were given only three hours to celebrate the Wiccan Samhain holiday. The Iowa Independent reported on the decision.

In Ventura v. Felts, 2008 U.S. Dist. LEXIS 104741 (ND TX, Dec. 30, 2008), a Texas federal district court accepted a magistrate's recommendation to dismiss as frivolous a prisoner's claim that his free exercise rights were violated because he was denied access to a sweat lodge.

In Ekdahl v. Ayers, 2008 U.S. Dist. LEXIS 104884 (ND CA, Dec. 12, 2008), a prisoner sought federal habeas corpus relief, challenging on various grounds state authorities' denial of his request for parole. One of his claims was that his free exercise rights were violated when he was required to attend Alcoholics Anonymous. The court concluded that the state court was reasonable in concluding that the prisoner had alternative self-help programs available to him.

In Martin v. Roche, 2009 U.S. Dist. LEXIS 111 (CD CA, Jan. 5, 2009), a California federal magistrate judge dismissed for a second time a Muslim prisoner's claim that his free exercise rights were violated when he was denied a Quran, a towel to use as a prayer rug and food meeting his religious dietary requirements. He continued to fail to allege various elements to show a valid claim. The court also dismissed his equal protection claim growing out denial of food meeting his religious needs, but with leave to file an amended complaint as to this count.

In Jones v. Blanas, 2008 U.S. Dist. LEXIS 105930 (ED CA, Dec. 30, 2008), a California federal magistrate judge recommended that a civil detainee be permitted to proceed with his free exercise claim. Plaintiff alleged that while in administrative segregation he was not permitted to attend Christian religioius services and Bible study groups.

In Kanda v. McAnelly, 2008 U.S. Dist. LEXIS 106033 (ED CA, Dec. 24, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim because he had failed to allege a substantial burden on his religious practice when he was denied the right to go to chapel once and was served meat on four separate occasions.

India's Supreme Court Criticizes Orissa For Failing To Protect Christians

Religion News Service reports on a warning against religious violence issued by a 3-judge panel of India's Supreme Court last Monday. After a hearing on a petition by a Catholic archbishop who is asking for protection of his followers from retaliatory violence they have been experiencing, the Court said that it will not "tolerate persecution of religious minorities." It added that if the state government cannot protect Christians, "then quit office." Last October, at an earlier hearing, the Supreme Court said paramilitary forces should protect the churches and the churches should be compensated for damages.

Neighbors Challenge Plans For 77-Foot Cross At Prayer Garden

Today's San Antonio (TX) Express reports on a pending Texas state court case in which neighbors are attempting to prevent The Coming King Foundation from placing a 77-foot tall cross in their Kerrville, Texas subdivision. The cross is part of a planned prayer garden, most of which will be located on 20 acres adjoining the Mesa Vista subdivision. Neighbors say that subdivision deeds limit lots to residential use. The Foundation's attorney argues that the deed restrictions are invalid because the 12-lot subdivision plot was not approved by county commissioners. Last month, a judge granted a temporary restraining order against taking further steps to prepare the land for installation of the cross. On Monday, a state court judge ordered the parties to mediation. Meanwhile, the Foundation's attorney is attempting to get the city to remove the Foundation's one lot from the Mesa Vista subdivision and merge it with the Foundation's 20 acres next door as a separate one-lot subdivision.

British Employment Tribunal Upholds Wrongful Dismissal Claim of Counsellor

In Britain, Bristol's Employment Tribunal handed down a decision on Wednesday that upheld a "wrongful dismissal" claim brought by a former church elder against the non-profit counselling service, Relate. However the Tribunal rejected his religious discrimination and "unfair dismissal" claims. This Is Bristol reported Thursday on the case in which counsellor Gary McFarlane told his supervisor at Relate that he could not give gay couples intimate sexual advice, because his religious views taught him that homosexual activity was contrary to Biblical teachings. However, McFarlane was willing to provide relational counselling that focused more on emotional issues. McFarlane was suspended in October 2007 but reinstated in January 2008 after he agreed to follow the charity's equal opportunities policy. When he returned, fellow employees called him homophobic and pressed for his dismissal, which came in March 2008.

Kazakh President Sends Religion Law for Constitutional Review

Forum 18 reported Friday that in Kazakhstan, instead of signing a new Religion Law, President Nursultan Nazarbaev has sent it to the country's Constitutional Council for review. The Council has a month to rule on whether the law complies with the Constitution, which prohibits religious discrimination (Art. 14) and guarantees freedom of conscience (Art. 22). The law has been criticized by human rights advocates as repressive. (See prior related posting.)

Court Says Records of Religious Leaders' Visits To White House Must Be Released

The federal government has lost another installment (see prior postings 1, 2) in the attempt by a public interest group to obtain records confirming visits to the White House, and to Vice President Dick Cheney's residence, by nine prominent conservative Christian leaders. The records were sought to show the influence of religious leaders on Bush administration policies. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, Jan. 9, 2009), a D.C. federal district court held that the presidential communications privilege does not cover disclosure under the Freedom of Information Act of the mere identities, and date and time of visits, of persons seen by the President and Vice President. The privilege only covers communications they may have made. In a second part of its opinion, the court rejected plaintiff's challenge to recent practices by the Secret Service in retaining certain security-related records of visitors, but upheld a number of plaintiff's claim as to earlier practices. Friday's Public Record reported on the decision.