Minnesota License Photo Bill Objected To By Muslims

A bill introduced into the Minnesota legislature last month, HF No. 989, has created concern among Muslims in the state. It would require that divers' licenses carry a photo showing the full head an face of the licensee. Many Muslim women who wear a head scarf for religious reasons object. State Rep. Steve Gottwalt, sponsor of the bill, says the bill is not about religion, but about public safety, according to a report last Sunday by WCCO.

UPDATE: Thursday's Tulsa World reports on a similar bill pending in the Oklahoma legislature. HB1645 passed the Oklahoma House, but its fate in the Senate is uncertain since the Department of Public Safety sees no need for the bill.

UPDATE: Thursday's Minneapolis Star-Tribune reports that the sponsor of the Minnesota bill now says he will amend it to permit individuals to wear haead coverings for religious or cultural purposes in license photos. This language would track the standards used for U.S. passport photos.

Yemeni Jewish Commuinty Protests Verdict In Murder Trial

Yesterday's Yemen Times reports that the Jewish community in Amran, Yemen is unhappy with the outcome of the murder trial of Abdul-Aziz Al-Abdi, a Muslim and a former Air Force pilot. Last year, Al-Abdi sent a letter to the Jewish community warning that he would kill them unless they either converted to Islam or left the country. Al-Abdi then shot and killed Masha al-Nahari. The court ruled that Al-Abdi, who previously murdered his wife, should be committed to a mental institution, and that Al-Abdi's family should pay YR 5.5 million ($27,480 US) as compensation to the family of the murder victim. The Amran Jewish community has issued a statement calling for a reversal of the verdict and the imposition of the death penalty instead-- even though Al-Abdi's family has threatened more killing of Jews if the death penalty were imposed. Human rights advocates say the verdict will increase hatred against Jews and some believe it will push the remaining Jews in Yemen to leave for Israel.

Religion In Schools Lawsuit Settlement Draws Community Concern

On Monday, the Santa Rosa County, Florida School Board met to approve the final draft of a consent decree in a lawsuit brought against it by the ACLU challenging religious practices in schools. (See prior posting.) Santa Rosa's Press Gazette reports on the agreed-upon terms. Prayers will not be delivered at school events. Schools will no longer sponsor religious baccalaureate services. School events will not be held at religious venues if a reasonable alternative location is available. School personnel cannot promote their personal religious beliefs to students in class or in conjunction with school events. While some churches have reacted to the lawsuit by planning a privately-sponsored baccalaureate service (see prior posting), other religious groups in the community are more in a protest mode. Reverend Matthew Cotten has created a group called OK2Pray that will meet in front of Pace High School on a Saturday later this month. And according to North Escambia.com, on another Saturday this month, some 14 churches will meet on the baseball field at Jay High School to pray for the students to "encourage them to stand in their faith."

UPDATE: On May 6, the Florida federal district court approved the consent decree (full text) in Doe v. School Board for Santa Rosa County, Florida, (ND FL, May 6, 2009). (ACLU Press Release).

Christian Teachers Question Britain's Proposed Code of Conduct

In November 2008, the General Teaching Council for England published for comment a Draft Code of Conduct and Practice for teachers. GTCE is the professional regulatory body for teaching, and the Code is an attempt to "set out in one place the expected norms of teachers' professionalism and practice, which apply to all teachers, no matter what subject or age of children they teach, their role or level of experience, or the context in which they work." (FAQ). (Also see additional background material.) LifeSite News reported yesterday that Christian and other religious groups are concerned about one of the draft Code's eight principles which calls on teachers to "promote equality and value diversity." Expanding on the principle, the Code calls on teachers to "proactively challenge discrimination." Opponents say this could be read as an attack on the right of publicly-funded faith schools to select leaders of their own religion. They also argue that requiring Christian teachers to proactively oppose homophobia is essentially ordering them, in violation of their religious beliefs, to promote homosexuality as normal and acceptable.

Competing Texas Groups Want To Use Episcopal Disocese of Ft. Worth Name

The Episcopal Diocese of Ft. Worth (TX) is one of a number of congregations and dioceses that have disaffiliated from the Episcopal Church USA and affiliated with the more conservative Anglican Province of the Southern Cone. According to Virtue Online yesterday, the first steps have now been taken in a legal battle over use of the name "Episcopal Diocese of Ft. Worth." After the diocese broke away, the Episcopal Church appointed a new Provisional Bishop for the continuing ECUSA diocese. The Chancellor of the ECUSA diocese has written the break-away bishop, Jack Iker, requesting that he cease using the name, logo and emblems of the "Episcopal Diocese of Ft. Worth," and that he turn over the diocesan seal. The Episcopal Diocese of Fort Worth, with Bishop Iker as its head, however is the group incorporated under that name by the Texas Secretary of State. Another group cannot, under state law, incorporate using the same name.

Tony Blair Interviewed On Religion In Britain

Yesterday's London Telegraph reports on an interview with former British Prime Minister Tony Blair published in the Church of England Newspaper. Blair, who converted to Catholicism after he left office, lamented: "in general terms in British society there is a risk that people see faith as a personal eccentricity." He added: "The real test of a religion is whether in an age of aggressive secularism it has the confidence to go out and make its case by persuasion." Blair also talked about the controversy while he was Prime Minister between the government and Catholic adoption agencies over adoption by same-sex couples.

Preliminary Injunction Denied Over Louisiana University's Speech Rules

AP reports that yesterday a Louisiana federal district judge refused to grant a preliminary injunction in a suit against Southeastern Louisiana University by a traveling evangelist who sued to challenge the University's policy that requires administrative approval one week in advance for an individual to make a speech or presentation on campus. Evangelist Jeremy Sonnier was holding a sign and speaking with students near a campus plaza when a campus police officer informed him of the permit requirement. A dispute between them followed. (See prior related posting.)

Spectre of Legal Polygamy In Canada Raises Tax, Retirement, Insurance Issues

With a constitutional challenge pending in Canada to British Columbia's anti-polygamy laws (see prior posting), an investment professional is already looking at a number of collateral legal issues that will arise if polygamy is legalized. Morningstar today carries an article by Steven G. Kelman suggesting that changes in pension, retirement plan and income tax laws will be needed. Among the issues that will need attention are whether more than one surviving spouse can receive the now tax-deferred rollover of spousal assets. Meanwhile private insurance companies will need to rethink the premiums and coverage of health insurance that includes spouses.

Decision Reflects Limited Success In Hindu Challenge To California Textbooks

California Parents for the Equalization of Educational Materials v. Noonan, 2009 U.S. Dist. LEXIS 15889 (ED CA, Feb. 26, 2009), is the latest in a series of state and federal decisions involving challenges to the process and substance of 6th-grade social science textbook changes adopted in 2005-2006 by the California State Board of Education. (See prior posting.) At issue is the manner in which Hinduism is portrayed, and the controversy to some extent reflects differences between groups within the Hindu community. In this California federal district court lawsuit, a group of Hindu and Indian parents (CAPEEM) claimed that the adopted textbooks portray Hinduism in a discriminatory and denigrating manner. The court rejected most, but not all, of the challenges filed by CAPEEM.

The court held that CAPEEM lacks standing to bring an Establishment Clause claim charging unlawful Christian and Jewish indoctrination of students since that was not one of CAPEEM's organizational purposes. It also lacks standing to challenge the text book portrayal of religions other than Hinduism. However, the court found that CAPEEM does have standing to complain about the treatment of Hinduism in textbooks and to challenge disparate treatment in the textbook adoption process. On the merits, the court rejected plaintiff's Establishment Clause and equal protection challenges to the portrayal of Hinduism, and plaintiffs' claims that their speech and association rights were infringed. However the court held that plaintiffs survived a summary judgment motion on their equal protection challenge to the textbook adoption process.

Court Lifts TRO In Dispute Between Former Amish Man and Loan Society

In Stoltzfus v. Old Order Amish Helping Program, (ED PA, Feb. 26, 2009), a Pennsylvania federal district court lifted a temporary restraining order it had previously issued in a dispute between an former member of the Amish faith and an organization that loans funds to members of the Amish faith. Today's Lancaster (PA) Intelligencer Journal reports on the background of the lawsuit.

Daniel Stoltzfus operated a metal working business that had borrowed $300,000 from the Old Order Amish Helping Program. Stoltzfus claims that leaders of the Amish Council of Lancaster took various actions against him and his business after he announced he had become a born again Christian. They also objected to Stoltzfus doing business with a Jewish businessman. Stoltzfus was told not to expand his business, and his employees were told to stop working for him or else they would be shunned from the Amish community. Council members attempted to get Stoltzfus' wife to leave him and filed unfounded complaints of child abuse against Stoltzfus. Interest rates on his mortgage were raised and his insurance was cancelled, leading Stoltzfus to default on his mortgage payments. The court's lifting of the TRO was based largely on the fact that many of plaintiff's complaints were already the subject of state court and bankruptcy court adjudications.

9th Circuit Says Respondeat Superior Claims Can Be Asserted Against Holy See

In Doe v. Holy See, (9th Cir., March 3, 2009), the U.S. 9th Circuit Court of Appeals partially affirmed and partially reversed a 2006 Oregon federal district court decision that rejected the Vatican's sovereign immunity claim in a lawsuit against it by a victim of a priest's sexual abuse. (See prior posting.) The 9th Circuit's conclusions were reflected in a per curiam opinion, that was accompanied by a concurrence and a dissent.

The court's controlling opinion first held that while denial of immunity to a foreign sovereign is an appealable order, plaintiff's cross-appeal on whether the claim falls within the commercial activity exception to the Foreign Sovereign Immunities Act is not subject to an interlocutory appeal. The court also concluded that "Doe has not alleged sufficient facts to overcome the 'presumption of separate juridical status'" for the Archdiocese of Portland, Oregon, the Catholic Bishop of Chicago and the Order of the Friar Servants. Thus their acts are not attributable to the Vatican.

In connection with plaintiff's claim against the Vatican for negligent retention, supervision and failure to warn of the abusive priest, the court held that the Holy See is shielded from tort claims because the alleged negligence arose from a discretionary function. However, the court held that the pleadings adequately alleged respondeat superior liability that can be reached under FSIA's tortious act exception:

Doe has clearly alleged sufficient facts to show that his claim is based on an injury caused by an "employee" of the foreign state while acting "within the scope of his . . . employment," as required to come within the FSIA's tortious act exception. § 1605(a)(5).

The case was remanded to the district court for a determination of whether plaintiff can prove these allegations.

Judge Fernandez, concurring, also urged giving the parties additional guidance, saying: "if we had jurisdiction I would not apply the commercial activity exception to this case."

Judge Berzon, dissenting in part, argued that the court has jurisdiction to decide-- and should conclude-- that the commercial activity exception is an alternative ground on appeal on which to affirm the district court's denial of immunity that was based on a different rationale below. Thus she would have permitted plaintiff to proceed with the negligent retention and supervision and the failure to warn claims. She would also have rejected the Vatican's free exercise challenge to jurisdiction, finding that foreign sovereigns are not protected by the First Amendment. AP yesterday reported on the decision. [Thanks to Bob Ritter for the lead.]

Suit Challenges School's Limits on "See You At the Pole" Posters

Yesterday, four sets of parents filed a federal lawsuit against the Wilson County, Tennessee Board of Education and various school officials challenging Lakeview Elementary School's restrictions on student posters advertising the annual "See You At the Pole" prayer event. The school banned posters containing religious references, and required parents to cover over religious references on posters that families had made and had already put on display in the school. The complaint (full text) in Gold v. Wilson County School Board of Education, (MD TN, filed 3/3/2009) alleges that the school's action violates plaintiffs' freedom of speech, the Establishment Clause and the 14th Amendment's due process and equal protection clauses.

The school's limitation on posters was instituted after a federal court in another lawsuit barred Lakeview school administrators and teachers from promoting or taking part in the student "See You At the Pole" event and ordered that any student flyers or posters promoting the event contain a disclaimer indicating the event is not endorsed by the school. That lawsuit broadly challenged activities by a parents' group in the school known as "Praying Parents." (See prior posting.) Alliance Defense Fund issued a press release announcing yesterday's lawsuit. The release contains links to photos of the disputed posters. It also links to Plaintiff's Motion for a Preliminary Injunction and the memorandum in Support of the Motion. Yesterday's Tennessean also reports on the lawsuit.

Pennsylvania Buys Bibles For Its Legislators

The Philadelphia Inquirer reported last week that the Pennsylvania state General Assembly spent $13,700 this year purchasing Bibles and other books for legislators to use in taking their oaths of office last month. It has been traditional for decades in the state for each legislator to receive a personalized holy book at government expense at the beginning of each term. They have a choice of over a dozen alternatives. 196 of the 203 members took up the offer this year, with the New American Catholic Bible being the most popular pick. One legislator who used his own Bible to take the oath nevertheless ordered a copy of the Qur'an at state expense because he had always wanted to read it. Americans United yesterday issued a press release criticizing the state's policy.

New Mexico Orders Religious Curriculum In State-Operated Home School Removed

Yesterday's Farmington NM Daily Times reports on the church-state controversy at Family Home School in Bloomfield, NM. The school, begun 11 years ago, is operated in a portable building on the campus of a public elementary school in the Bloomfield School District. It serves children in grades K-4 whose parents have chosen this alternative. Teacher Kathy Harper uses a well-known Christian curriculum purchased from A Beka Academy. Typically home school families and private institutions use the curriculum. Last month, state education secretary Veronica García wrote Bloomfield Superintendent Randy Allison ordering the curriculum to be withdrawn. State law prohibits religious curriculum from being taught in public schools. The school district has requested permission to keep the curriculum until the end of the year to avoid disruption of teaching.

Cameroon Government Will Share Cost of Pope's Visit With Church

All Africa reported yesterday that the government of Cameroon and the Church will share the cost of Pope Benedict XVI's visit to the country later this month. Expenses borne by the Church include transportation and part of the cost of housing for some 120 high-ranking Catholic clergy from around Africa. The government will bear the costs of venues for the Pope's public events as well as items like communication and security. The Pope will meet with Muslim and Protestant leaders, as well as the Bishops of Cameroon.

Recent Prisoner Free Excercise Cases

In Sylvester v. Cain, (5th Cir., Feb. 20, 2009), the U.S. 5th Circuit Court of Appeals rejected plaintiff's claim that he was he was retaliated against on the basis of his religion when he filed a grievance. It also refused to consider a RLUIPA claim that had not been raised below.

In Barhite v. Caruso, 2009 U.S. Dist. LEXIS 13609 (WD MI, Feb. 23, 2009), a Michigan federal district court held that plaintiff inmate had not shown that his religious exercise was burdened when prison authorities removed pictures of young women from his possession. He claimed that they were taken because he was a Mormon after a Texas raid on and FLDS complex that led to removal of children.

In Jordan v. Caruso, 2008 U.S. Dist. LEXIS 98649 (WD MI, Dec. 8, 2008), a Michigan federal district court refused to dismiss free exercise claims brought by an African-American Jewish inmate who alleged that he was not excused from work on Saturdays and was not permitted to attend religious services by video conference equipment.

In Davis v. Hawaii, 2009 U.S. Dist. LEXIS 14004 (D HI, Feb. 23, 2009), an Hawaii federal magistrate judge granted defendants' motion to transfer to an Arizona federal district court a prisoner's claim that his rights were violated when Arizona prison officials prevented him from practicing his Native Hawaiian religion when they failed to hold a Makahiki closing ceremony feast.

In Corbeil v. Moore, 2009 U.S. Dist. LEXIS 14388 (WD LA, Jan. 30, 2009), a Louisiana federal magistrate judge dismissed an inmate's complaint that he was denied a kosher diet by prison authorities.

In Ahmed v. Willis, 2009 U.S. Dist. LEXIS 14245 (ED VA, Feb. 23, 2009), a Virginia federal district court dismissed plaintiff's claims under RLUIPA and the 1st Amendment challenging his removal from the Ramadan fasting list.

Indian State Proposes Controlling Board For Church Property

In the Indian state of Madhya Pradesh, the government is taking steps to form an agency to manage Catholic Church properties, including cemeteries, similar to the Muslim Wakf Board that manages Muslim religious properties. Calcutta's Telegraph reported Saturday that Church leaders plan to file suit in the Jabalpur High Court to prevent implementation of the plan. The state's Minorities Commission says the proposal is designed to increase transparency in management of Church properties.

Supreme Court Remands Companion Summum Case To 10th Circuit

As previously reported, last week the U.S. Supreme Court decided Pleasant Grove City v. Summum, holding that Pleasant Grove City, Utah need not acccept a "Seven Aphorisms" monument for a local park. In the 10th Circuit Court of Appeals below, there was a companion case decided at the same time, Summum v. Duchesne City, which involved a more complicated version of the same sort of underlying dispute. In that case, the only display already in the city's park was a 10 Commandments monument, and the city attempted to avoid Summum's request by transferring the land under the Ten Commandments display to a private party. (See prior posting.)

A petition for cert. had been filed in this companion case as well, but had never been acted upon by the Court. (See prior posting.) Today, in a brief order (Docket No. 07-690), the Court granted certiorari, vacated the judgment below and remanded the case for further consideration in light of the decision in the Pleasant Grove City case. Interestingly, the Court has also granted cert. this term in a case involving land transfers in order to avoid Establishment Clause concerns. (See prior posting.) However the "government speech" holding in the Pleasant Grove City case may be dispositive in the case remanded today, regardless of the Court's resolution on land transfers.

Cert. Denied In Ban on Coach Joining Team In Prayer

The U.S. Supreme Court today denied certiorari in Borden v. School District of East Brunswick, (Docket No. 08-482, March 2, 2009) (Order List.) In the case, the 3rd Circuit upheld the East Brunswick, New Jersey School District’s policy prohibiting faculty participation in student-initiated prayer. The lawsuit was filed by high school football coach Marcus Borden who wished join with his team in bowing his head during the team's pre-meal grace and kneeling during a team-led prayer in the locker-room. (See prior posting.)

State Education Officials Examine Tutor's Scientology-Related Techniques

Yesterday's Atlanta Journal Constitution reports that Georgia education officials, in conducting their annual inspection of a tutoring organization, Applied Scholastics, are looking carefully at its use of teaching techniques developed by Scientology founder L. Ron Hubbard. At issue is the question of whether Applied Scholsatic's program is secular, or instead is a disguised method of teaching Scientology. Georgia's state Department of Education approves and monitors tutors that are available for selection by parents of children who fail to meet federal academic standards. Tutors are paid with federal funds.