Canadian Talk Show Violated Ethics Code According To Panel

The Canadian Broadcasters Standards Council-- a non-governmental organization that administers a broadcast ethics code-- has ruled that comments made by a radio talk show host were "sweeping, abusive and unduly discriminatory criticism of Islam" in violation of the CAB Code of Ethics. While the case was decided last October, the Council's decision was not released publicly until last week. (CBSC press release.) In CFRA-AM re an Episode of the Lowell Green Show (Islam), (CBSC, Oct. 22, 2008), an Ontario Regional CBSC Panel adjudicated a complaint over the Lowell Green Show's discussion of Islam. The open-line talk show aired in the wake of Sudanese charges against a British school teacher for having her class name a teddy bear "Mohammed". The Council concluded that: "Green did not merely disagree with opposing points of view; he mocked, ridiculed and insulted their interlocutors."

Appeal Filed With 9th Circuit In Mt. Tenabo Case

AP reported yesterday that an appeal has been filed with the U.S. 9th Circuit Court of Appeals in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior. In the case, last month a Nevada federal district court refused to issue a preliminary injunction to prevent Barrick Gold Corp. from digging a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. The Western Shoshones say that the project will desecrate their sacred mountain. (See prior posting.)

UPDATE: KTVN News says that U.S. Distict Judge Larry Hicks on Feb. 11 refused to issue a stay to prevent the project moving forward while the appeal is pending.

Church of England Bans Clergy From Joining Racist British National Party

The General Synod of the Church of England voted Monday to prohibit vicars in the Church from joining the right-wing, racist (whites-only) British National Party. Today's London Mail reports that the resolution passed by a vote of 322- yes; 13-no; and 20 abstentions. Supporters of the ban say that membership in far-right political parties is incompatible with Christianity.

Canadian Teen Says Assault With Kirpan Charges Were Fabricated By Classmates

Canadian Press reported yesterday on the assault trial of a Canadian teenager in Montreal's youth court. The boy is a Sikh who was baptised and received a kirpan (ceremonial dagger) at the end of August. Now two classmates accuse him of assaulting them with the kirpan and with the pin used to tuck his hair under his turban. The 13-year old defendant says the charges were fabricated by the two classmates because they were jealous of a friendship he had with another student.

Vermont Teacher Sued For Proselytizing

Vermont's ACLU announced yesterday that it has filed suit against seventh-grade teacher Wally Rogers, the Irasburg (VT) School District, and Irasburg Village School principal Paul Simmons. The complaint (full text) filed in Vermont federal district court alleges that Rogers has subjected students to religious proselytizing, and that school officials have failed to respond to complaints. It is alleged that Rogers added Christian books to student book lists, purchased those books with school funds and offered students enhanced credit for reading them. The suit also claims hat Rogers retaliated against students who complained about his conduct. Ultimately the two families involved removed their children from the school in which Rogers teaches. Today's Rutland Herald reports on the case.

California Court Dismisses Mexican Clergy Abuse Case For Lack of Jurisdiction

In Joaquin M. v. Rivera, (CA Ct. App., Feb. 4, 2009), a California state appellate court dismissed on jurisdictional grounds a suit by an adult citizen of Mexico against Catholic priest Father Nicholas Aguilar, a Mexican resident, Cardinal Norberto Rivera of Mexico City and the Mexican Catholic Diocese of Tehuacan. The complaint alleges that Cardinal Rivera and the Diocese sent Father Aguilar to work in the Los Angeles knowing that he had a history of sexual misconduct. n Los Angeles, Aguilar sexually molested numerous children. In January 1988, before the police could arrest him, Aguilar fled Los Angeles and returned to Mexico. In 1994, in Mexico, Aguilar sexually molested plaintiff, who was then 13 years old. The court held that California lacks personal jurisdiction over these Mexican defendants in this action brought by a Mexican plaintiff for injuries that occurred in Mexico. Analyzing the requirements for "specific jurisdiction," the court concluded that "plaintiff's claims do not bear a substantial connection, let alone any connection, to Cardinal Rivera’s and the Diocese of Tehuacan’s contacts with California."

Yesterday's Los Angeles Metropolitan News-Enterprise reported on the case. Quoting plaintiff's attorney, it reported that this lawsuit against a powerful Mexican Cardinal was largely responsible for exposing clergy sexual abuse in Mexico.

Report Says FBI Has Broken Ties With CAIR

Fox News reported on Jan. 30 that the FBI has largely severed its ties with the Council on American Islamic Relations (CAIR). The FBI had been using CAIR as a liaison to the Muslim community. CAIR has given training sessions on Islam for FBI agents. The reversal in FBI policy came after revelation of ties between high CAIR officials and the Holy Land Foundation whose officials were convicted in December of sending $12.4 million of charitable funds to Hamas. (See prior posting.) Fox News last week reported that Virginia Rep. Frank Wolf has written the FBI asking whether the Fox report is accurate, and if it is, how the FBI plans to notify members of Congress of its decision. (Full text of letter.)

Pope Reaches Out To Critics of His Reconciliation Attempt With Holocaust Denier

Repair efforts continue after Pope Benedict XVI's lifting of the excommunication of Holocaust denying Lefebvrite bishop Richard Williamson. (See prior posting.) German Chancellor Angela Merkel, who had been strongly critical of the Pope's action, spoke with Benedict XVI on Sunday to discuss their respective views. Spokespeople said the conversation was conducted with "mutual respect." (Deutsche Welle.) Der Spiegel reported that the Pope was angry at the tone of Merkel's earlier criticism. Meanwhile, according to yesterday's New York Times, Williamson has been dismissed as head of La Reja seminary in Argentina. Rev. Christian Bouchacourt, director of the Latin America branch of the Society of St. Pius X, said Williamson's comments do not reflect the views of the Society. The Jerusalem Post says that in conciliatory efforts, on Thursday the Pope will meet with the Council of Presidents of Major American Jewish Organizations. High Vatican officials have already met with other Jewish groups.

In an interview with Der Spiegel published yesterday, Williamson responded to Vatican demands that he recant his views by saying: "I can only say something, the truth of which I am convinced. Because I realize that there are many honest and intelligent people who think differently, I must now review the historical evidence once again." Williamson said he would not travel to Auschwitz, but that he had ordered a copy of the book Auschwitz: Technique and Operation of the Gas Chambers, by Jean-Claude Pressac. Pressac was one time a Holocaust denier, but his views changed when he visited Auschwitz. The book ordered by Williamson reflect those revised views and the evidence that Pressac saw.

British Diplomat Charged Criminally For Anti-Semitic Outburst

Today's London Mail reports that a high ranking diplomat in Britain's Foreign Office has been arrested on charges of inciting religious hatred through threatening words and behavior after an anti-Semitic outburst at the London Business School's gym. The incident occurred while Rowan Laxton, head of the Foreign Office's South Asia Group, was using an exercise bike and, at the same time, watching TV reports about Israeli attacks in Gaza. Laxton is married to a Muslim woman (but is believed to be separated from her) and has worked extensively in the Middle East and in Afghanistan and Pakistan. Inciting religious hatred is punishable by a fine and up to 7 years in prison. The arrest comes as Britain prepares to host next week an international summit on combating anti-Semitism.

Italy's "Terry Schiavo" Case Generates Constitutional Crisis

Yesterday's London Observer reports that the fate of a 38-year old woman in a persistent vegetative state for the last 17 years has precipitated a constitutional crisis in Italy. Eluana Englaro's father has fought for ten years in court to have her feeding tubes removed, which he says would be consistent with the woman's wishes. Last November Italy's top court agreed with the father. Last week doctors began the process of gradually removing the tubes when Italy's Prime Minister Silvio Berlusconi intervened. After a series of "frantic" telephone conversations in which Vatican secretary of state Cardinal Tarcisio Bertone urged him to act, prime minister Berlusconi issued a decree prohibiting suspending food and water for any patient relying on them. Effectively reversing the court's ruling, the Prime Minister said: "This is murder. I would be failing to rescue her. I'm not a Pontius Pilate." He then added that, physically at least, the woman is "in the condition to have babies." Italy's president, Giorgio Napolitano, has refused to sign the Prime Minister's decree. However Parliament is considering whether to ratify it. The case is reminiscent of the Terry Schiavo case in the United States in 2005. [Thanks to Scott Mange for the lead.]

UPDATE: AP reports that Eulana Englaro died Monday night, as the Italian Parliament rushed to pass a bill to prohibit her feeding tubes from being removed. Rome's mayor Gianni Alemanno, said that the Colosseum-- which has become a symbol in the fight against capital punishment around the world-- would be lit all night Tuesday in mourning for Englaro. Italy's president, Giorgio Napolitano, urged politicians to be silent. [Again thanks to Scott Mange.]

US Officials Complain About Proposed Sri Lankan Anti-Conversion Law

Last week, the U.S. Commission on International Religious Freedom criticized Sri Lanka's proposed Prohibition of Forcible Conversion of Religion Act. It said that, among other things, the proposed law is worded so broadly that its practical effect is to ban distribution of religious literature and chill freedom of inquiry. Yesterday's Christian Post reports that 15 members of Congress have also sent a letter to the Sri Lankan ambassador to the United States urging the Sri Lankan government to drop the bill. A final vote in Parliament on the anti-conversion bill had been expected this month. Sri Lanka is approximately 70% Buddhist. (See prior related posting.)

Recent Articles and Book of Interest

From SSRN:

• Kevin K. Washburn, Felix Cohen, Anti-Semitism and American Indian Law, (American Indian Law Review, Vol. 33, 2009).

From SmartCILP:

• Marc O. DeGirolami, The Problem of Religious Learning, 49 Boston College Law Review 1213-1275 (2008).


• Robert Joseph Renaud & Lael Daniel Weinberger, Spheres of Sovereignty: Church Autonomy Doctrine and the Theological Heritage of the Separation of Church and State, 35 Northern Kentucky Law Review 67-102 (2008).


• Christie S. Warren, Lifting the Veil: Women and Islamic Law, 15 Cardozo Journal of Law & Gender 33-65 (2008).


• Gender and Religious Conservatism. [Link is to full text.] Articles by Barbara L. Bernier, Colleen Theresa Rutledge, Emily J. Duncan, Lynne Marie Kohm, Gila Stopler and Toni Lester. 15 Duke Journal of Gender Law & Policy 275-417 (2008).

New Book:

• Nonie Darwish, Cruel and Usual Punishment--The Terrifying Global Implications of Islamic Law, (Thomas Nelson, Jan. 2009), reviewed in the Financial Post.

Utah AG Discloses Contents of Some Seized FLDS Documents

Yesterday's Salt Lake Tribune reorts on a talk given recently by Utah Attorney General Mark Shurtleff revealing new information about some of the documents seized during the state's raid of the FLDS' "Yearning for Zion Ranch" last April. (See prior posting). Some of the documents showed that early on, FLDS leader Warren Jeffs traveled to the capitals of each of the 48 contiguous states in order to to condemn them with the wrath of God. "Priesthood letters" that were among the items in the 400 boxes seized from the Ranch disclose that Jeffs made the trips to "shake the dust off his feet in condemnation." Jeffs, who is now in jail awaiting trial, has said that "the prison walls are going to be falling down at any moment." Shurtleff says that FLDS members have not yet given up on Jeff's leadership, and expressed concern that Jeffs might excommunicate people that the state is negotiating with about settling a case involving the FLDS' United Effort Plan Trust that holds FLDS property. (See prior posting.)

UPDATE: Tuesday's Deseret News publishes additional excerpts for Jeffs' papers detailing his life on the run as a fugitive.

British Town Restores Funding To Christian Home In Settlement

The London Telegraph reported yesterday that a British town has agreed to settle a religious discrimination lawsuit that was filed against it by Pilgrim Homes. As reported earlier, Brighton & Hove City Council revoked of a £13,000 grant to the local Pilgrim Home after it refused to comply with Equality Act (Sexual Orientation) Regulations. The city wanted the Christian home for the elderly to periodically ask its residents about their sexual orientation and to picture gays in its promotional literature. Its elderly Christian residents objected to the questionnaire. Now Council has promised to restore the funding and withdraw its charges of "institutional homophobia"against the Home. The Home will ask potential residents about their sexual orientation when they apply (but not after that), on the understanding that they have the right to refuse to answer.

Planned Valentine's Day Morals Policing Stirs Controversy In India

In India, controversy has erupted over renewed morals policing by members of the right wing Hindu nationalist group Sri Ram Sena. (Background). Last month in Mangalore, some 40 members of the group attacked women at a pub, slapping them and pulling their hair, claiming they were engaged in obscene dancing and were violating traditional Indian values. (Sindh Today.) Now the group's morals enforcers plan to take on young couples expressing their affection on Valentine's Day.

The Australian reported yesterday that Sri Ram Sena leader Pramod Muthalik announced that his followers will be patrolling the streets on Valentine's Day, and any couple they find publicly expressing their love will be taken to the nearest Hindu Temple and forced to marry. The activists will carry a bridal necklace and turmeric paste used in wedding ceremonies and will be accompanied by a priest. Many are distressed with the Sri Ram Sena's activities. IANS reports today that civil liberties proponents are planning protests. Some will form Valentine Help Escort teams to counter Sri Ram Sena activities. The teams will hand over to police anyone assaulting couples on Valentine's Day. Others will carry chili spray to fight off troublemakers.

Recent Prisoner Free Exercise Cases

In Pinkston-El-Bey v. Illinois, 2009 U.S. Dist. LEXIS 6724 (SD IL, Jan. 30, 2009), an Illinois federal district court dismissed at the screening stage claims by an inmate who is a member of the Washitaw Nation of Muurs. Plaintiff sued the governor of Illinois and the warden of virtually every penal institution in Illinois, alleging that state prisons have not adequately accommodated religious beliefs of Washitaw Ismaili Moslems.

In Goodvine v. Swiekatowski, 2009 U.S. Dist. LEXIS 6946 (WD WI, Jan. 26, 2009), a Wisconsin federal district judge permitted a Sunni Muslim prisoner to proceed with RLUIPA and 1st and 14th Amendment claims relating to restrictions on his religious literature, refusing him a copy of the Qu'ran, denying him a halal diet, refusing to adjust his meal schedules to accommodate fasts and refusing to assist him in his religious research.

In Washington v. Brown, 2009 U.S. Dist. LEXIS 6846 (ED CA, Jan. 21, 2009), a California federal magistrate judge denied defendants' motion for summary judgment and permitted plaintiff to proceed with claims that various prison officials denied him participation in the Ramadan fast.

In Robinson v. Jacquez, 2009 U.S. Dist. LEXIS 7560 (ND CA, Jan. 23, 2009), a California federal district court held that an inmate's allegations, liberally construed, state a 1st Amendment claim that that he was not provided kosher meals or permitted to attend Jewish religious services.

In Shatner v. Page, 2009 U.S. Dist. LEXIS 8324 (SD IL, Feb. 4, 2009), an Illinois federal district judge awarded a prisoner, who was a member of both the Church of Light and the Rosicrucian faith, damages totally $1770 for impropoer deprivation of his Sacred Tarot, Tarot cards, religious books and his religious medallion (as well as for imprper reading of his legal mail). The court found violations of plaintiff's free exercise rights, or RLUIPA and of the Illinois Religious Freedom Restoration Act.

New York City Considering Converting Some Catholic Schools To Charter Schools

New York City public schools are overcrowded. In Brooklyn, some Catholic schools threaten to close for lack of enrollment. WABC today reports that New York's Mayor Michael Bloomberg and Bishop Nicholas Dimarzio of the Brooklyn diocese are considering a plan to select four Catholic schools in Brooklyn and Queens and convert them to publicly funded charter schools. Religion would be eliminated from the curriculum for the schools that are converted. In order for the plan to be carried out, New York state will need to change its law that now bans the conversion of religious schools to charter schools. Newsday reports that the city will also consider similar conversion arrangements for other private and non-Catholic religiously operated schools in the city.

Student Christian Groups Lose Challenge To University Non-Discrimination Rules

In Every Nation Campus Ministries v. Achtenberg, (SD CA, Feb. 6, 2008), a California federal district court upheld the application of the California State University’s non-discrimination policy to four Christian groups at two universities. At San Diego State University and California State University Long Beach, officials refused official recognition to the four student groups because they refused to admit non-Christians as members. They also denied membership to "individuals who believe they are innately homosexual, or advocate the viewpoint that homosexuality is a natural part of God's created order." Relying on the 9th Circuit’s 2008 decision in Truth v. Kent School District (see prior posting), the court concluded that the schools may apply their policy against discrimination on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability to these student groups. It concluded:

the CSU student organization program is a limited public forum to which the state may restrict access as long as the restrictions are reasonable and viewpoint-neutral in light of the purpose served by the forum, which they are. The Court further finds the First Amendment burdens imposed by the policy are viewpoint-neutral and uniformly applied to all clubs irrespective of their particular viewpoints. Accordingly, Plaintiffs' free association, free speech, and free exercise rights are not impermissibly infringed by the policy, nor is there any evidence that Plaintiffs have been treated inequitably in their exclusion from the forum due to their discriminatory membership criteria.

In the course of its decision, the court said that it was leaving open the question of whether the restrictions imposed by these groups amount to discrimination on the basis of sexual orientation, since some homosexuals could become members under the groups’ criteria. Today's San Diego Union Tribune, reporting on the decision, says an appeal in the case is likely.

Breakaway Church Keeps Property In Largely Evidentiary Ruling

In Hudson Presbyterian Church v. Eastminster Presbytery, (OH App., Feb. 4, 2009), an Ohio appellate court upheld a state trial court’s decision that a break-away Presbyterian congregation retained title to its property. The Presbyterian Church USA claimed that under the PCUSA constitution (Book of Order, Sec. G-8.0201), congregational property is held in trust for the parent church body. Rejecting a claim that the dispute was ecclesiastical in nature, and thus outside of the court’s jurisdiction, the court held that defendant had failed to prove that an express trust over the congregation’s property had been created. It found that no admissible evidence of the Presbyterian Church USA's constitution had been introduced, and that defendant had not preserved for appeal the issue of whether a charitable trust had been created. The Layman Online discusses the opinion further.

Federal Statute On Tolling Of Limitations For Military Raised In Clergy Abuse Case

In 2002, the California legislature created a one-year window in which clergy sexual abuse claims could be asserted, even though the statute of limitations had previously run on them. (See prior posting.) LA City Beat this week reports on a case in which a plaintiff, who was abused as a 16-year old Catholic high schooler, has brought suit asserting that he may still file because the federal Servicepersons’ Civil Relief Act tolls the expiration of the one-year window. Plaintiff enlisted in the Air Force in 1993 at age 22, and has since been serving on active duty, including in Iraq. The Act provides that the time a person is serving on active duty in the military may not be included in computing any limitation period for filing any civil action. The Los Angeles archdiocese is claiming that the Civil Relief Act should not be read to apply to a person, like plaintiff, who volunteered for military service instead of being drafted, or called up as a reservist or member of the National Guard. [Thanks to Pontifications for the lead.]