Botswana Proposal To Force Sale of Non-Halal Meat Stirs Controversy

Gaborone's Sunday Standard reports today that Botswana's attorney general began in October to draft legislation to compel major food retailers to provide a section of their stores in which non-halal food is sold. At issue is the difficulty that small farmers in majority-Christian Botswana are having in selling their poultry to retail outlets. Many of those food stores are owned by Muslims and the Qur'an forbids Muslims making profits through selling non-halal products. Requiring them to do so would pose substantial problems under Botswana's Constitution (Sec. 11) that protects freedom of religion. The Botswana Chamber of Commerce, Industry and Manpower (BOCCIM) says that the real problem is that many small farmers observe deficient hygiene standards and are unable to assue a consistent supply. Some retailers are using halal as an excuse not to purchase from them rather than dealing with the underlying issues. BOCCIM suggests government aid to small farmers to improve production reliability and to set up slaughtering facilities nearby.

Conversion To "Prison Islam" Is Popular

An article in Sunday's Everett, Washington Herald discusses the growth of conversion to Islam in U.S. prisons. Vassar professor Lawrence Mamiya estimates that 10% of all prison inmates have converted, though only 20% of those continue in the faith after they are released. Most of the converts are African-Americans. Originally conversion efforts were undertaken by Nation of Islam, but now most converts are Sunni. Some experts say that "Prison Islam" is more like a "prison gang" that gives members some special privileges, though prison chaplains say that the converts are serious. There is a shortage of trained federally approved imams, so that many prison congregations are led by inmates. One Muslim inmate said that conversion changed everything for him. Another, commenting on the attraction of Islam, said: "In Christianity, Jesus Christ died for sins. But in Islam, there's no scapegoat. I can't say that the devil made me do it."

Recent Articles of Interest

From SSRN:

• Frances Raday, Traditionalist Religious and Cultural Challengers - International and Constitutional Human Rights Responses, (Israel Law Review, Vol. 41, pp. 596-634, 2008).


• Joel A. Nichols, Evangelicals and Human Rights: The Continuing Ambivalence of Evangelical Christians' Support for Human Rights, (Journal of Law and Religion, Vol. 7, 2009).


• Elizabeth Rose Schlitz, Learning from Mary: The Feminine Vocation and American Law, (Ave Maria Law Review, Vol. 8, 2009).


• Christopher C. Lund, Legislative Prayer and the Secret Costs of Religious Endorsements,(January 31, 2009).


• Neil W. Hamilton, Faculty Professionalism: An Opportunity for Catholic Higher Education to Vitalize the Academic Profession's Social Contract, (Current Issues in Catholic Higher Education, Vol. 25, p. 177, 2008).


• Josh Blackman, This Lemon Comes as a Lemon: The Lemon Test, Legislative History, and the Pursuit of a Statute's Secular Purpose, (January 17, 2009).
  

From SmartCILP:

• Francis J. Beckwith, The Courts, Natural Rights, and Religious Claims as Knowledge, 49 Santa Clara Law Review 429-458 (2009).


• David Crump, Natural Selection, Irreducible Complexity, and the Bacterial Fagellum: A Contrarian Approach to the Intelligent Design Debate, 36 Pepperdine Law Review 1-57 (2008).


• Nantiya Ruan, Accommodating Respectful Religious Expression in the Workplace, 92 Marquette Law Review 1-32 (2008).

Indonesian Police Hold Sect Leader, Preliminarily Charged With Blasphemy

Indonesian police have charged Agus Noro, head of the Satria Piningit Weteng Buwono sect, with blasphemy after a female sect member called Kartiningsih charged that Noro proclaimed himself to be God and held bizarre sex rituals. Other charges could follow. Noro allegedly forced Kartiningsih to have sex with him while her husband and other followers watched. Noro's followers call him Agus Imam Solihin or "leader of the faithful." Reuters reported yesterday that Noro has surrendered to police after a raid on the sect's headquarters. AFP reported last week that the leader gave religious sermons wearing only his underpants and told his disciples they would be taught Kamasutra sex techniques to use in the afterlife.

Court Orders Amish Couples To Comply With Building Code Or Vacate Homes

The Johnstown (PA) Tribune-Democrat reported on Friday that a state trial court judge has issued a preliminary injunction against two Amish couples who have refused to comply with county sewage and building code regulations in the houses they are constructing. The court ordered that the two couples, members of the conservative Swartzentruber Amish sect, must either comply with all regulations within 60 days, or else vacate their homes. The order was issued by Judge Norman Krumenacker after he unsuccessfully tried to negotiate a compromise in the dispute by meeting with Amish elders and the state Department of Environmental Protection.

British Court Convicts Father For Encouraging Son In Ashura Rite

BBC News reported Friday that a British court has convicted a Muslim father of cruelty for encouraging his 10-year old son to take part in a Shia religious ceremony that involves self-flagellation with an instrument made up of chains and blades. Police began an investigation after the boy's mother complained. Huntingdon Crown Court imposed a 6-month suspended sentence on the father for allowing his son to take part in zanjeer matam, a ceremony practiced by some for Ashura that commemorates the martyrdom of Husayn ibn Ali. The father was also sentenced to 180 hours of community service and required to pay costs of £500. Another father was convicted in a similar case last September. (See prior posting.)

Two Cases Result In Victory For Religious Accommodation In Employment

Last week brought one verdict and one settlement for individuals seeking dress and appearance code accommodations from employers. In Trenton, New Jersey, a federal jury awarded $10,000 in damages against United Parcel Service for failing to create an exception to its grooming guidelines to accommodate a Rastafarian employment applicant. The Newark Star-Ledger reported yesterday that the lawsuit, brought by the EEOC, charged that UPS would not hire Roniss Mason for a job involving direct customer contact unless he shaved his beard. UPS says it will appeal. (See prior related posting.)

Meanwhile AP reported yesterday that the Las Vegas, Nevada police department has settled a suit brought against it by an Orthodox Jewish detective who, under departmental dress rules, was prohibited from wearing a beard and head covering. Detective Steve Riback won an initial victory in an August federal district court ruling. (See prior posting.) Under the settlement, Riback will be allowed to wear a neatly trimmed beard and a baseball cap without a logo or with the departmental logo. In addition, the police department will pay $350,000 in damages. Under the settlement, Riback agreed not to apply for a promotion or transfer for two years, and will need to file a new accommodation request if in the future he is transferred out of his current plain-clothes unit.

Fiji Village Chief Bans Sunday Travel Except For Church

In the South Pacific nation of Fiji, village chief Isei Vosadrau has banned residents of his village on the island of Vanua Levu from traveling anywhere on Sundays except to church services. Fiji Times reported yesterday that the step was taken because villagers had been walking out of church services to catch the boat to the island's largest town, Labasa. The Citizens Constitutional Forum says that the chief's order is unconstitutional under various provisions in the bill of rights of Fiji's constitution. FijiLive reports that the country's Methodist Church also disagrees with the scope of the ban.

Recent Prisoner Free Exercise Cases

In Singson v. v. Norris, (8th Cir., Jan. 27, 2009), the U.S. 8th Circuit Court of Appeals upheld the Arkansas Department of Corrections policy that requires Wiccan inmates to check out tarot cards from a chaplain and prohibits keeping of the cards in the inmate’s cell. Plaintiff had claimed that the policy violated his rights under RLUIPA.

In White v. Sherrod, 2009 U.S. Dist. LEXIS 5767 (SD IL, Jan. 28, 2009), and Illinois federal district court dismissed a federal prisoner’s claim that he was prevented from speaking at a religious service after he was disciplined for encouraging a group demonstration at a previous Rastafarian religious service.

In Hyde v. Fisher, (ID App., Jan. 28, 2009), an Idaho Court of Appeals upheld a state maximum security prison’s ban on sweat lodge ceremonies and its restrictions on possession of religious property brought by an inmate who practices Odinism and Native American religion. Plaintiff claimed that these policies violated RLUIPA and Idaho’s Free Exercise of Religion Protected Act. The court concluded, however, that the state had not shown that a total ban on smudging ceremonies is the least restrictive means of furthering the compelling interest in safety and security.

In Mitchell v. New York State Department of Correctional Services, 2009 U.S. Dist. LEXIS 5157 (WD NY, Jan. 26, 2009),a New York federal district court rejected a prisoner’s claim that the prison’s Religious Alternative Meals did not adequately accommodate his Nation of Islam dietary requirements.

In Ashanti v. Tilton, 2009 U.S. Dist. LEXIS 4767 (ED CA, Jan. 23, 2009), a California federal magistrate judge permitted a Muslim prisoner to proceed with his claims that he was not being provided a halal diet and that the prison does not provide an interfaith chapel suitable for Muslim prisoners to use.

In Warren v. Kolender, 2009 U.S. Dist. LEXIS 4817 (SD CA, Jan. 22, 2009), a California federal district court rejected a challenge by plaintiff to the lack of religious services for detainees, as opposed to prisoners, in the San Diego County jail. Plaintiff was held there for a period of time during hearings on whether he should be classified as a sexually violent predator. The court found that it was religious volunteers themselves, not jail officials, who decided to offer more religious services to prisoners than to detainees. UPDATE: The magistrate judge's recommendation, which was rejected by the court, is at 2008 U.S. Dist. LEXIS 106905 (May 23, 2008).

In Reischauer v. Jones, 2009 U.S. Dist. LEXIS 6358 (WD MI, Jan. 29, 2009), a Michigan federal district court rejected 1st Amendment and RLUIPA challenges by an inmate who claimed that authorities denied his requests for Islamic weekly Jum'ah services and for religious books from the Muslim Brotherhood Religious Library. The court also rejected claims that plaintiff was removed from the monthly Ramadan fast list without his consent and was wrongly denied a bag meal for breaking the fast at the Eid celebration.

In Hall v. Cole, 2009 U.S. Dist. LEXIS 6412 (D NJ, Jan. 28, 2009), a New Jersey federal district court permitted an inmate to proceed with his claim that his 1st Amendment rights were violated when he was denied access to religious services because he was in administrative segregation for protection as a witness in a high profile case.

In Goods v. Pylant, 2008 U.S. Dist. LEXIS 106800 (WD LA, Dec. 16, 2008), a Louisiana federal magistrate judge recommended dismissal of a plaintiff's claim that his free exercise rights were violated when, because of his confinement in lock-down, he was prohibited from attending church services.

In Brown v. Unfried, 2009 U.S. Dist. LEXIS 6436 (SD IL, Jan. 29, 2009), an Illinois federal district judge permitted a prisoner to proceed with his claim that authorities refused to accommodate his observance of the Ramadan fast.

In State v. Bain, (VT Sup. Ct., Jan. 14, 2009), the Vermont Supreme Court rejected a prisoner's claim that his free exercise rights were violated when he was ordered to submit a DNA sample for the state's DNA data base.

In Iswed v. Caruso, 2009 U.S. Dist. LEXIS 6347 (WD MI, Jan. 29, 2009), a prisoner complained he was not allowed to make overseas phone calls to his family. A Michigan federal district court rejected plaintiff's free execise challenge to this for lack of factual allegations supporting the claim.

Moderate Elected Somali President; Wants To Correct Radical Interpretation of Islam

Reuters reported yesterday that Sheikh Sharif Ahmed, a moderate, has been elected president of Somalia. The election took place in an all-night session of Somalia's parliament meeting in neighbouring Djibouti because of military control of Baidoa by the Islamic terrorist group, al Shabaab. (See prior posting.) Ahmed says he will try to correct the misinterpretation of Islam by some insurgents. He wants to create a new national security force.

Videos Show Questioning Process In Immunization Waiver Application

In New York state, a child can obtain a waiver of immunizations normally required before entering school if the child's parents hold "genuine and sincere religious beliefs" that oppose immunization. Public Health Law, Sec. 2164(9). Three videos posted on Age of Autism yesterday show the meeting during which a school attorney questions a parent about her religious beliefs on the issue. The mother's posting accompanying the videos is extremely critical of the process.

Sudan Expels US Aid Group From Darfur Over Bibles

Reuters reports today that Sudanese authorities have expelled an American aid group, Thirst No More In North Darfur (TNM), after the government found 3,400 copies of the Bible in Arabic in the group's offices. Sudanese regulations require aid groups to provide details of their activities to Sudan's Humanitarian Aid Commission. TNM's 2009 Work Plan says its goal is to increase water supplies to villages in North Darfur. Governmental permission is required before a new project can be undertaken. A Commission official says that TNM failed to provide justification for possessing so many Bibles. Most charitable groups in Darfur sign a voluntary Red Cross code of conduct that precludes using aid to further a specific political or religious viewpoint.

Reaction Is Mixed To New Head Of White House Faith Based Office

The Washington Post reported Friday that a White House aide, confirming earlier reports, announced that President Obama has appointed 26-year old Joshua DuBois to head the White House's revamped Office of Faith Based and Neighborhood Partnerships. (See prior posting.) Reaction is mixed to the appointment of the Pentecostal pastor who ran religious outreach in the Obama campaign. Today's Washington Times says that religious professionals are concerned that DuBois lacks experience working with charities. They also say that DuBois faces a challenge in carrying out Obama's announced policy of precluding faith-based social service programs that receive federal funds from hiring on the basis of religion. (See prior posting.) JTA reports, however, that both Orthodox and Reform Jewish groups say that DuBois is an excellent choice.

Proposed Texas Law Would Aid Break-Away Congregations In Property Fights

Texas state Rep. Byron Cook has introduced into the Texas legislature a bill that would help congregations that break away from their parent church claim ownership of local church property. Proposed H.B. 729 provides that in a factional separation in an hierarchical religious organization, a court can order division of local church property "in a manner that the court considers just and right." Thursday's Dallas Morning News reports that the bill was introduced at the urging of the 300-member St. John's Episcopal Church in Corsicana (TX). The congregation is satisfied with the leadership of the current Episcopal Bishop of Dallas, but would consider breaking away if he were succeeded by a more liberal bishop. A provision adopted by the Episcopal Church USA in 1979 provides that local church properties are held in trust for the denomination and its dioceses, even though church buildings, like St. John's 100-year old sanctuary, are often paid for by funds raised from the local congregation. Episcopal News Service on Friday reported on its interview with St. John's rector, Rev. Canon Ed Monk, about the proposal.

Hawaii Court Rejects Free Exercise Defense To Marijuana Use

In State of Hawai'i v. Kimmel, (HI App., Jan. 23, 2009), the Hawaii Intermediate Court of Appeals affirmed defendant's conviction for commercial promotion of marijuana. The court rejected the argument that James Kimmel's use of marijuana for religious purposes was protected by the free exercise clause (Art. I, Sec. 4) of the Hawaii Constitution. It also rejected Kimmel's argument that his right to privacy protected by Art. I, Sec. 6 of the Hawaii Constitution permitted him privately consume marijuana.

Senate Stimulus Bill Excludes House Bill's Faith-Based Funding; Both Versions Limit Grants for Sectarian College Buildings

It appears that the Senate version of the stimulus bill, the American Recovery and Reinvestment Act of 2009 (S.336) does not include the funds for faith-based programs that were in the House version. (See prior posting.) The House version included the funding for the Capital Compassion Fund in its appropriations for Children and Family Services Programs. The appropriations in this area in the Senate bill make no mention of funds for faith-based organizations.

Also the Senate bill, in authorizing grants to state higher education agencies for "Higher Education Facilities", imposes limits on sub-grants to colleges and universities for renovation and modernization of buildings. No grant may be used for "modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission..." The House bill contains the same limitation.

Senate Passes S-Chip Expansion After Rejecting Two Abortion Related Amendments

Yesterday the U.S. Senate passed the Children's Health Insurance Program Reauthorization Act of 2009 (HR 2), expanding the "S-chip" program, by a vote of 66-32. (AP report.) During debate on numerous amendments, the Senate rejected two Republican amendment that attempted to inject the abortion debate into the legislation. An amendment offered by Sen. Mel Martinez would have restored the "Mexico City Policy" to ban foreign aid grants to private groups that promote abortion as a method of birth control. (Christian Post report.) It was rejected by a vote of 37-60. An amendment offered by Sen. Orrin Hatch would have allowed states to extend health coverage to any "unborn child." (LifeNews report.) It was rejected by a vote of 39-59.

UPDATE: Inside Catholic reports that only 6 of the 24 Catholic U.S. Senators voted to restore the Mexico City Policy. [Thanks to PewSitter for the lead.]

Ledbetter Fair Pay Act Signed; Applies To Religious Discrimination Claims

The Washington Post reports that yesterday President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (full text). The law amends Title VII of the 1964 Civil Rights Act (as well as several other anti-discrimination statutes) so that the statute of limitations period resets every time a person receives a paycheck impacted by unlawful employment discrimination. While the remarks of the President and others at the signing ceremony (full text) emphasized gender discrimination, the new limitation period period also applies to Title VII religious discrimination claims. The new statute was Congress' reaction to a 2007 U.S. Supreme Court decision interpreting the Title VII statute of limitations narrowly. (See prior posting.)

Darwin Day Proposal Creates Controversy In Ohio City

February 12 is the 200th anniversary of the birth of Charles Darwin, and already battles are erupting over celebrating the event. Wednesday's Columbus (OH) Dispatch reports that in the Columbus suburb of Whitehall, objections are derailing a proposal in city council. Councilwoman Jacquelyn Thompson originally urged that the city declare Feb. 12 to be Darwin Day in Whitehall. After objections were raised, she modified her proposal to declare February as "Science Month" in honor of both Darwin and Galileo (whose birthday is Feb. 15). However this proposal has also drawn substantial criticism, with the unspoken issue being evolution vs. creationism. Objections articulated by other council members include the unfairness in not naming hundreds of other deserving scientists, and conflicts with other February designations such as Black History Month. [Thanks to Scott Mange for the lead.]

Poll Ranks Most and Least Religious States In U.S.

In a poll released on Wednesday, Gallup ranked the "top 10 most religious states" and the "top 10 least religious states." The rankings are based on a 2008 survey of 350,000 individuals who were asked: "Is religion an important part of your daily life?" Mississippi, Alabama, South Carolina, Tennessee, Louisiana, and Arkansas ranked as most religious. Vermont, New Hampshire, Maine, and Massachusetts are are ranked as least religious in the country. Nationwide, 65% of respondents said that religion is important in their daily lives. [Thanks to Joel Katz for the lead.]