Proposed Nigerian Law Would Criminalize Clergy Performing Same-Sex Marriages

A press release yesterday from Amnesty International on behalf of several human rights groups expresses strong opposition to proposed legislation in Nigeria that would impose criminal penalties-- up to 3 years in prison-- on same-sex couples who marry. Existing Nigerian law already imposes up to 14 years in prison for consensual same-sex sexual activity. The proposed Same Gender Marriage (Prohibition) Bill 2008 would also impose a fine of US$14 and up to five years in prison on any person who "witnesses, abet and aids the solemnization of a same gender marriage." This would threaten with criminal sanctions a member of the clergy who conducts a same-sex marriage ceremony in Nigeria. Amnesty says this violates the International Covenant on Civil and Political Rights which Nigeria has signed. The bill would additionally impose a fine of up to US$340 on anyone who witnesses or aids and abets a same-sex marriage. This provision is apparently aimed at LGBT organizations and events.

Suit Challenging Yuba Community College's Speech Rules Settled

Alliance Defense Fund yesterday announced a the filing of a consent order (full text) in Dozier v. Members of the Board of Governors, Yuba College District, (ED CA, Jan. 26, 2009). In the case, a college student challenged campus rules and permit requirements that limited his ability to preach and hand out gospel tracts in outdoor areas of the campus of California's Yuba Community College. (See prior posting.) Under the settlement, the college has implemented revised procedures and has agreed not to enforce prior rules that limited free speech activities on campus to specific days and hours, designated the campus as a nonpublic forum, and required a permit and registration of materials prior to distribution. The school also eliminated its former harassment policy.

Taliban Enforce Rigid Islamic Law In Pakistan's Swat Valley

A column in yesterday's Middle East Times criticizes recent moves by Taliban to enforce rigid Wahhabi Islamic rule in Pakistan's Swat Valley. Apparently the power of the Pakistani government now extends only to a small area of Swat, while the Taliban has created its own administration, judicial system and charitable fund in most of the area. The Taliban prevent girls from attending school, warn barbers against shaving beards and burn schools and video shops. The Swat Valley's once vital tourist industry is declining, with many hotels and restaurants now closed. Over 200 people have been killed by the Taliban, and some two-thirds of Swat's population has migrated to other areas of the country. Sunday's New York Times also carried a long article exploring the Taliban's control of Swat, maintained in large part through use of radio to intimidate the populace.

Irish Government Negotiating With Catholic Church Over Sex Abuse Reporting

Ireland's Independent reports today that the government is in talks with the country's Catholic bishops to create a legal framework that will permit the country's Health Service Executive to learn the full extent of child sexual abuse by priests. A government commission is already investigating the extent of abuse in the diocese of Dublin, and earlier this month a full inquiry was ordered into the situation in the diocese of Cloyne (in Cork). The government wants bishops to report even unsubstantiated rumors and "soft information" about clergy child sexual abuse. Negotiations between the government and the Church turn on how to protect the Church from defamation actions by wrongly accused priests if this is done.

New Chair of US Helsinki Commission Appointed; OSCE Envoy Criticizes Kyrgyz Religion Law

U.S. Senator Benjamin L. Cardin (D-MD) has been appointed Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) for the next two years. Cardin has been a member of the Commission since 1993. A press release from Sen. Cardin's office expresses appreciation to Majority Leader Harry Reid for selecting him. It is expected that outgoing Chairman of the Helsinki Commission, Congressman Alcee L. Hastings (D-FL), will be appointed Commission Co-Chairman for 2009-11 by House Speaker Nancy Pelosi. The Helsinki Commission is charged with monitoring compliance by OSCE members with the Helsinki Final Act that commits its 56 signatories to respect human rights, democracy and the rule of law. A portion of that document protects freedom of conscience and religion in the signatory states.

Meanwhile, last Thursday Kyle Scott, charge d'affairs at the U.S. mission to the OSCE, issued statements from the new Obama administration on human rights issues in five countries of the former Soviet Union. According to America.gov, one of the statements criticized the new Kyrgyzstan Religion Law, saying: "the law as promulgated could result in diminished religious freedom and tolerance in the Kyrgyz Republic...." (See prior related posting.)

Recent Articles of Interest and New Book

From SSRN:

• Thom Brooks, The Problem with Polygamy , (January 22, 2009).


• Christopher Serkin & Nelson Tebbe, Condemning Religion: The Political Economy of RLUIPA, (Brooklyn Law School, Legal Studies Paper No. 127, Jan. 16, 2009).


• Daniel R. Suhr, Lessons for Law School Deans Regarding Catholics in Political Life, (December 31, 2008).

New Book:

• Douglas A. Hicks, With God on All Sides: Leadership in a Devout and Diverse America, (Oxford Univ. Press, Jan. 2009).

New Bolivian Constitution Approved By Voters; Catholicism Disestablished

According to the New York Times, by a 56.8% majority yesterday voters in Bolivia approved the country's new Constitution. Unlike the old Constitution that gave special recognition to the Roman Catholic Church, Catholicism is not specifically mentioned in the new document. AP says that the new Constitution honors both the Christian God and the Andean earth deity, Pachamama who continues to be worshipped by many Bolivian Catholics. (BBC News Background). The new Constitution also guarantees freedom of religion and separation of church and state. (See prior related posting.)

5 Christians Charged With Blasphemy Are Released By Pakistan Court

Bos News Life reported yesterday that the release of five Christians charged with insulting Islam has been negotiated in Pakistan. Under the arrangement, a Punjab court ordered the five released, and Islamic clergy will issue a fatwa declaring them innocent of blasphemy. The charges against the five grew out of communal violence that was triggered after an argument between a 12-year old Christian boy and a Muslim acquaintance. Their argument resulted in a sticker containing the name of Allah ending up on the ground. Meanwhile Pakistan's Federal Minister for Minorities, Shahbaz Bhatti, says he favors repeal of Pakistan's blasphemy laws.

Pope Revokes 4 Excommunications-- Including A Holocaust Denier

In a controversial move yesterday, Pope Benedict XVI revoked the 1988 excommunication of four right-wing bishops who had been appointed to their positions in consecrations that were not approved by the Vatican. Today's New York Times reports on the move that attempts to normalize the Vatican's relationship with the Society of St. Pius X. The Society was founded in 1970 by French archbishop Marcel Lefebvre as a protest against the modernizing reforms of Vatican II.

Most controversial of the four reinstated clergy is Richard Williamson who has denied the Holocaust and has charged that the U.S. government staged the 9-11 attacks as a pretext to invade Afghanistan. In an interview last year, Williamson said that "historical evidence" disputes the conclusion that millions of Jews were "deliberately gassed in gas chambers as a deliberate policy of Adolf Hitler." The London Telegraph quotes a Williamson interview given this week in which he said: "I believe there were no gas chambers ... I think that 200,000 to 300,000 Jews perished in Nazi concentration camps but none of them by gas chambers." Catholic-Jewish relations, as well as Vatican discussions with Israel over a planned Papal visit, are likely to be complicated by the Pope's move.

UPDATE: Monday's National Catholic Reporter carries an article titled: Lefebvre movement: long, troubled history with Judaism which says: "The historical association between some strains of traditionalist Catholicism and anti-Semitism run deep, intertwined with royalist reaction to the French Revolution in the 18th century and, later, the Boulanger and Dreyfus Affairs in France (1886-1889 and 1894-1899)."

UPDATE2: According to Tuesday's New York Times, Bishop Bernard Fellay, director of the St. Pius X Society, wrote the Pope on Tuesday rejecting Williamson’s statements, saying they "do not reflect the position of the society." He expressed regret over the problems that the statements had caused.

UPDATE3: Bloomberg reports that on Thursday, another Catholic priest, this time from the northern Italian town of Treviso, entered the arena of Holocaust denial. He told a local newspaper: "I know that gas chambers existed to disinfect. But I can’t tell you if they killed anyone or not." [Thanks to PewSitter for the lead.] UPDATE: Haaretz reported on Feb. 7 that this Italian priest has been expelled from the Italian branch of the Society of St. Pius X.

Good Friday Time Off At Wisconsin Tech Colleges Challenged

The Freedom From Religion Foundation charges that Wisconsin's Moraine Park Technical College (MPTC)-- and all but one of the other state technical colleges-- is violating a 1996 court order that found a state law mandating public facilities observe Good Friday to be unconstitutional. Today's Fond du Lac (WI) Reporter says that MPTC is traditionally closed on Good Friday and its collective bargaining agreement lists Good Friday as a holiday. School officials say they were unaware of the court decision until FFRF filed a complaint with them. MPTC Vice President of Human Resources Kathy Broske said that the holiday was bargained for with unions for a secular purpose, but that the school would confer with legal counsel and would change their policy if they are not in compliance with law. Officials at two other technical colleges also say they will take steps to comply with the law now that they know of the 1996 ruling.

Vatican Launches Its Own YouTube Channel

UPI reports that the Vatican has launched its own YouTube channel. Pope Benedict XVI announced the new channel on Friday, which was World Communications Day. The channel will carry film clips of the Pope's speeches and activities. The clips will be in Italian, with translations into English, German and Spanish.

Sri Lanka Commission Urges Steps To Prevent Unethical Conversions of Buddhists

In Sri Lanka, the Commission on Unethical Conversions, headed by former High Court judge Kalubowilage Sarath Gunatilake and comprised of a number of former government officials, has released a report recommending several steps to protect against unethical conversions of Buddhists to other faiths. The Colombo (Sri Lanka) Sunday Times says in tomorrow's edition that the Report recommends newly registered religious or missionary institutes be required to furnish an affidavit promising to engage in religious work only among their already established followers. It also calls for approval by a District Secretary for the construction or expansion of any place of worship.

The Report urges the government to investigate religious groups that arrived in Sri Lanka after 1972, and ban any found to be harmful. The Finance Ministry should monitor non-governmental organizations to prevent them from carrying out unethical conversions. The Report calls for the All Ceylon Buddhist Congress to create a center where members of the public can file complaints about unethical conversion attempts, unauthorized construction of places of worship, fundamentalist "praying centres" and other attempts to tarnish the image of Buddhist clergy.

State Lawsuit Challenges Ban on Sacramental Cannabis

Today's Lewiston, Maine Sun Journal reports on a lawsuit filed in in Oxford County (ME) Superior Court last week by Norman Hutchinson who claims that his free exercise rights are violated by prohibiting him from using cannabis. Hutchinson is a member of the Religion of Jesus Church whose 12 tenets mandate the use of the substance. In 2004, Hutchinson was indicted for cultivating cannabis and plead guilty in a plea bargain the next year. His suit against the state of Maine, the Maine Drug Enforcement Agency and the Mexico (ME) Police Department charges violation of his free exercise rights. It also asserts claims for false imprisonment, trespass, invasion of privacy and negligent and intentional infliction of emotional distress.

Obama Expands Availability of Foreign Aid Grants For Family Planning

In a move that was widely expected, President Barack Obama has increased the availability of federal funding for voluntary family planning programs in foreign countries by reversing a Bush administration policy. A Presidential Memorandum issued Friday (full text) explained that the Foreign Assistance Act contains a narrow ban on nongovernmental organizations using federal grant funds to encourage or coerce abortions or to pay for abortion as a method of family planning. The Reagan and Bush administrations had, through the "Mexico City Policy", expanded this to deny USAID (and subsequently also State Department) funds to any private group that used money, even from private sources, for abortion counseling or to lobby a foreign government to make abortion available. Obama's action rescinds the Mexico City Policy.

In a Statement (full text) explaining the policy change, President Obama said:

For too long, international family planning assistance has been used as a political wedge issue, the subject of a back and forth debate that has served only to divide us. I have no desire to continue this stale and fruitless debate. It is time that we end the politicization of this issue.

Several Catholic groups issued statements criticizing the President's action. The U.S. Conference of Catholic Bishops called the move "very disappointing." Archbishop Rino Fisichella, president of the Pontifical Academy for Life, called the action arrogant. (AFP). Perhaps the strongest criticism came from Bill Donohue, president of the Catholic League for Religious and Civil Rights, who said: "Here we have a black president taking money from the taxpayers in a time of economic crisis and giving it to organizations —many of which are anti-Catholic— so they can spend it on killing non-white babies in Third World nations."

Meanwhile, a statement from the Religious Action Center of Reform Judaism welcomed Obama's decision, saying: "In a world where poor reproductive health remains the leading cause of death for women, and complications from unsafe abortion result in approximately 67,000 deaths and at least 5 million serious injuries annually, today marks an important step forward."

University of Florida Changes Rules On Recognizing Student Religious Groups

In a press release yesterday, Liberty Counsel reported that the University of Florida has changed its policy on the recognition of student religious groups. The University has added the following language to its rules:

A student organization whose primary purpose is religious will not be denied registration as a Registered Student Organization on the ground that it limits membership or leadership positions to students who share the religious beliefs of the organization. The University has determined that this accommodation of religious belief does not violate its nondiscrimination policy.

In connection with the rule change, the University has invited Gator Christian Life to return to its former status as a registered student organization. The University's Student Union announced the rule change on its website.

EEOC Lawsuit On Behalf of Sikh Is Settled

A press release from United Sikhs reports that a religious discrimination lawsuit brought by the EEOC on behalf of Sukhdev Singh Brar was settled earlier this week. Brar was denied employment with Texas based Champion National Security because of his religiously-mandated long hair and turban. (See prior posting.) The security firm agreed to pay Brar $24,000 in damages. The company will also post non-discrimination notices on employee bulletin boards and will provide employees with Sikh awareness training.

Court Rejects Challenge By Hasidic Jews To NY Housing Authority Rules

In Ungar v. New York City Housing Authority, 2009 U.S. Dist. LEXIS 3578 (SD NY, Jan. 14, 2009), a New York federal district court rejected challenges by a group of Hasidic Jews to the of the New York City Housing Authority's Tenant Selection Assignment Plan as it operates to allocate access to public housing units in the Williamsburg section of Brooklyn. Plaintiffs, particularly concerned about access to apartments to accommodate large families, claim that they have religious needs to live near various religious facilities and other members of their religious community in Williamsburg.

The court rejected plaintiffs' argument that receipt of federal funding made the federal Religious Freedom Restoration Act applicable to the city housing agency. It also rejected plaintiffs' federal Fair Housing Act claim that the failure to provide applicants for public housing with the option to designate three Williamsburg projects has a disparate impact on the Hasidic community. Finally the court rejected plaintiffs' free exercise claim, holding that "the Authority's admission and transfer policies do not bar any particular religious practice or interfere in any way with the free exercise of religion by singling out a particular religion or imposing any disabilities on the basis of religion."

Court Upholds Native American School Child's Hair Length Claim

In A.A. v. Needville Independent School District, (SD TX, Jan. 20, 2009), a Texas federal district court granted a permanent injunction preventing Needville (TX) Elementary School officials from enforcing the school district's hair style policy against a 5-year old whose family taught him to wear his hair in two long braids in the tradition of Native American religions. The school board was only willing to accommodate the request by allowing the boy to wear his hair in a single braid, tucked into the back of his shirt.

The court first determined that plaintiffs have sincerely held religious beliefs that their hair should be worn long and concluded that the school's policy significantly burdens those beliefs. However the court upheld the school's requirement that a new application for exemption from the hair style policy be filed each year. Finding that the exemption policy is not a neutral rule of general applicability, the court subjected it to strict scrutiny. It concluded that the policy violated plaintiff's free exercise, free expression and due process rights as well as the Texas Religious Freedom Act. Yesterday's Houston Chronicle reports on the decision. (See prior related posting.) [Thanks to Eric Rassbach and Matthew Caplan for the lead.]

Orthodox Rabbi Criticized For Participating In National Prayer Service

One of the participants in Wednesday's National Prayer Service at the National Cathedral was Orthodox Rabbi Haskel Lookstein of New York's Congregation Kehilath Jeshurun. JTA reports that the Rabbinical Council of America (RCA), the main Modern Orthodox rabbinical association, says that Lookstein violated its rules by his participation. RCA takes the position that Orthodox Jewish law both prohibits Jews from entering a church sanctuary and precludes participation in interfaith prayer. Lookstein said that after consultation with halachic (Jewish law) experts, he decided that attendance would be appropriate to honor the President, particularly because representatives of other branches of Judaism were participating. Lookstein said that when he met Obama at the service, he thanked him for his support of Israel and, with Obama's consent, recited a traditional blessing said when one sees a king or national ruler.

Amish Man Held In Contempt Over Sewage Regulations

Yesterday's Johnstown (PA) Tribune-Democrat reported that a Cambria County, Pennsylvania judge has held a member of the conservative Swartzentruber Amish sect in contempt. Andy Swartzentruber has refused on religious grounds to bring outhouses at an Amish school into compliance with municipal sewage rules. Swartzentruber must pay a $500 fine and bring the outhouses into compliance within six months. If he does not, he faces additional fines and up to six months in jail. The school could also be closed down by authorities. (See prior related posting.)