Suit On Court Employees' Bible Study Group Settled

Christian Examiner reported yesterday on a settlement in Barlow v. Superior Court of California, a case in which several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. (See prior posting.) The settlement permits employees to resume their Bible study, and San Diego County Superior Court agrees to pay some of plaintiffs' attorney's fees.

Morocco Takes Action Against Shiites, Christians

AFP reported last week that the Moroccan government has begun a campaign to counter activities that are seen as contrary to the "moral and religious values" of Moroccan society. Dozens of people suspected of Shiite sympathies have been arrested. Moroccans largely follow the Malakite school of Sunni Islam. The government is also attacking those calling for greater tolerance of homosexuality.

According to Earth Times yesterday, the government campaign has now spread to countering Christian activities. Four Christian missionaries (3 Spaniards and a German woman) were expelled from Morocco after it was alleged that they were illegally engaged in Christian proselytizing at a meeting they held in Casablanca on Saturday. However sources close to the missionaries say that only Christians were attending the communion meeting. The actions against Shiites were prompted in part by a broader controversy in the Middle East over a statement made last month by Iranian official, Ali Akbar Nateq-Nouri, who threatened Bahrain's sovereignty by announcing that Bahrain was historically a province of Iran. (New York Times, 3/29.)

Famous Indian Parliamentary Candidate Arrested For Anti-Muslim Speeches

In India, the battle over the candidacy of Varun Sanjay Gandhi, grandson of former Prime Minister Indira Gandhi, continues. Varun Gandhi, a member of the BJP, is a candidate for the lower house of India's Parliament, running from a district in the state of Uttar Pradesh. BBC News reported last week on the March 22 Order of the Election Commission (full text) recommending that Gandhi not be nominated as a candidate because of two speeches he made last month that contained highly derogatory references to the Muslim community. The BJP however continues to support Gandhi as a candidate, saying that the Election Commission was biased and lacked authority to disqualify Gandhi.

Initially two criminal cases were filed against Gandhi, one charging his with violations of India Penal Code 153A (promoting enmity between different groups on ground of religion), 295A (deliberate acts intended to outrage religious feelings), and 505(2) (circulating statements likely to create or promote ill-will between religious groups). The other was brought under Sec. 125 of the Representation of the People Act 1951 (promoting enmity between classes in connection with election). Then on Sunday, according to India.com, additional charges were also filed by the Uttar Pradesh government under the National Security Act. Under that Act, a person arrested can be detained without bail for up to one year. However, he can contest his detention before a 3-person Advisory Board headed by a High Court judge.

Paper Profiles FLDS Ranch One Year After Raid

Yesterday's Deseret News profiles the situation at the FLDS "Yearning For Zion Ranch" in Eldorado, Texas one year after a high-profile raid that temporarily took 439 children from the compound into state custody. Many families on the ranch were polygamous and state authorities argued that the children's safety was in danger. (See prior posting.) The FLDS temple on the ranch is no longer in use, but many families are back. Many children are still feeling the effects of having been temporarily placed in foster homes.

8 Venezuela Police charged In Attack on Caracas Synagogue

AP reported last Thursday that in Venezuela prosecutors filed formal charges against eight police officers and three other people in connection with the January attack on Tifaret Israel synagogue in Caracas. Among those charged is the bodyguard for a rabbi and one of the security guards on duty at the synagogue. Prosecutors have asked the court to approve charges of robbery, "acts of contempt against a religion," and concealing firearms. The attackers destroyed religious objects, spray-painted anti-Semitic slogans and took a computer database with the names and addresses of Jews in Venezuela. Police believe that the attackers were looking for cash to steal. The attack took place shortly after Venezuela's President Hugo Chavez cut off diplomatic ties with Israel over its actions in Gaza. Chavez has condemned the synagogue attack.

Senate Leader Will Repropose Federal Polygamy Task Force

Last Friday, U.S. Senate Majority Leader Harry Reid announced that he would reintroduce legislation this session to set up a federal task force to focus on polygamy-related crime. According to Saturday's Salt Lake Tribune, Reid also said he will urge new Attorney General Eric Holder to take action against crime in polygamous communities. In connection with similar proposals last year by Reid, the Senate Judiciary Committee in July held hearings titled "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response." (Witness list with link to webcast of hearing.) Reid is a Democrat from Nevada and a convert to Mormonism.

Recent Articles of Interest

From SSRN:

• Calvin R. Massey, Church Schisms, Church Property, and Civil Authority, (March 26, 2009).


• Harry G. Hutchison, Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age, (George Mason Law & Economics Research Paper No. 09-21 , March 25, 2009).


• Ali Khan, Jurodynamics of Islamic Law, (Rutgers Law Review, Vol. 61, No. 2, 2009).


• Albert H.Y. Chen, Three Political Confucianisms and Half a Century, (March 22, 2009).

From SmartCILP:

• Alan E. Garfield, Finding Shared Values In a Diverse Society: Lessons From the Intelligent Design Community, 33 Vermont Law Review 225-281 (2008).


• Jay Alan Sekulow & Erik M. Zimmerman, Pleasant Grove City v. Summum: Upholding the Government's Authority to Craft Its Own Message Through Privately Donated or Funded Monuments, Memorials, and Artwork, 3 Charleston Law Review 175-204 (2009).


• Lecture. The Bible and American Law. Lecture by Herbert W. Titus; responses by Jeffrey C. Tuomala and Michael J. DeBoer; responses by Herbert W. Titus, 2 Liberty University Law Review, 305-417 (2008).


• Symposium. The Supreme Court's Hands-Off Approach to Religious Doctrine. [Table of contents]. Introduction by Samuel J. Levine; articles by Christopher L. Eisgruber & Lawrence G. Sager, Richard W. Garnett, Andrew Koppelman, Bernadette Meyler and Kent Greenawalt, 84 Notre Dame Law Review 793-928 (2009). [Links are to full text of articles.]


• The Future of Law, Religion, and the Family. A 25th Anniversary Symposium. [Table of contents.] Foreword by Leah Ward Sears; Articles by Enola G. Aird, Stephen L. Carter, Don S. Browning, Margaret Brinig and Jean Bethke Elshtain, afterword by John Witte, Jr. 58 Emory Law Journal 1-102 (2008). [Links are to full text of articles.]

Controversy Continues Over Notre Dame's Commencement Invitation To Obama

Notre Dame University's invitation to President Barack Obama to speak at commencement and receive an honorary degree continues to generate controversy. In addition to Bishop John D'Arcy of the Diocese of Fort Wayne-South Bend who previously announced his opposition (see prior posting), now two other bishops have issued strong statements opposing the invitation. Bishop Thomas J. Olmstead of Phoenix wrote Notre Dame President Rev. John Jenkins on Wednesday saying that the invitation "is a public act of disobedience to the Bishops of the United States." (Full text of letter; CNA report.) On Friday, Bishop Gregory Aymond of Austin (TX) wrote in his diocese newsletter that "it is very clear that in this case the University of Notre Dame does not live up to its Catholic identity." (Full text of letter; LifeSite News report.)

A lengthy AP report yesterday quotes a number of individuals connected with Notre Dame who support the invitation, pointing out that the University has a tradition of inviting newely-elected U.S. Presidents from both parties as commencement speakers. Inviting the first African-American U.S. President has special significance because of the long record of former Notre Dame president Theodore Hesburgh in the civil rights movement.

Meanwhile, at another Catholic college, St. Vincent College in Latrobe, Pennsylvania, U.S. Senator Robert Casey has cancelled his commencement address scheduled for May 9. While Casey offered no explanation, LifeSite News reported last week that Casey was strongly criticized by Bishop Joseph Martino of Scranton for his recent vote against an amendment to restore the Mexico City Policy-- a policy that denied foreign aid funds to family planning groups that engaged in abortion counselling. (See prior posting.)

Suit Challenges Cross In California City Park

Yesterday's Visalia (CA) Times-Delta reports on a lawsuit filed two weeks ago by a former resident of Porterville, California challenging the constitutionality of a 20-foot high redwood cross in a Porterville city park. The cross was placed in the park in 1965 by the local Rotary Club with the city's permission. A plaque below the cross reads: "Dedicated as a Spiritual Inspiration to All." Plaintiff Patrick Greene has a history of filing Establishment Clause challenges to governmentally sponsored religious displays and activities in various cities. Porterville residents express surprise that anyone would sue over the cross that a past-president of Rotary who helped install it describes as merely an unobtrusive symbol in a quiet grassy corner. [Thanks to Scott Mange for the lead.]

Church Sues Over Fee Schedule For Use of Village Meeting Room

In Michigan, a church has filed suit in federal district court against the village of Fife Lake challenging the rental fee schedule imposed by the village for use of a meeting room in its Municipal Building. The complaint (full text) in Forest Area Bible Church v. Village of Fife Lake Council, (WD MI, filed 3/24/2009) alleges that the village allows community organizations and service groups to use the meeting room without charge, but charges a rental fee to private non-profit groups such as the church. The suit alleges that this discriminatory treatment violates plaintiff's 1st and 14th Amendment rights. An Alliance Defense Fund release on Friday announced the filing of the suit.

Subjective Chill On High Schooler's Expression Does Not Create Standing

Last week, an Illinois federal district court handed down another decision in the long running challenge to rules in a suburban Chicago high school that were invoked to prevent a student, Alexander Nuxoll, from wearing a T-shirt and button carrying the slogan "Be Happy, Not Gay." (See prior posting.) In Zamecnik v. Indian Prairie School District #204 Board of Education, 2009 U.S. Dist. LEXIS 23548 (ND IL, March 24, 2009), the court held that Nuxoll has standing to continue to pursue this claim. However he lacks standing to assert added claims that he wishes to "bring his bible to school, distribute cards with bible verses during non-instructional time, and discuss his religious beliefs critical of homosexual behavior with classmates during non-instructional time." There was no showing that Nuxoll ever attempted to carry out such activities or that officials ever interfered with them. It is not enough to allege subjective chilling of expression based merely on the fact that existing rules could be interpreted to prohibit these activities.

Fish and Wildlife Service Is Investigating Illegal Eagle Feather Sales

Yesterday's Bismark (ND) Tribune reports on a number of indictments that have come out of a broad investigation by the U.S. Fish and Wildlife Service of individuals who are illegally buying, selling and receiving eagle feathers. The investigation covers 16 states and the U.S. Pacific Island Territories. The Oregonian reported on Friday that Reginald D. Akeen, one of the men arrested as a result of these investigations, has pleaded not guilty in an Oregon federal district court to charges of violating the Migratory Bird Treaty Act. Akeen, a member of the Kiowa tribe from Oklahoma, was arrested March 12 in Albuquerque, N.M., on charges that he illegally sold feathers as he traveled to various pow wow's in the West. Demand for eagle feathers for use in Native American religious ceremonies is high.

Recent Prisoner Free Exercise Cases and Developments

In Smith v. Frank, 2009 U.S. Dist. LEXIS 22848 (ED WI, March 20, 2009), a Wisconsin federal district court rejected a Native American inmate's claim that his rights under RLUIPA were violated when a eagle feather he possessed was confiscated and eventually inadvertently destroyed.

In Spence v. Frank, 2009 U.S. Dist. LEXIS 23095 (ED WI, March 23, 2009), a Wisconsin federal district court rejected an inmate's RLUIPA claim, finding that he was not punished because he called his social worker by her spiritual name, Morning Dove, but rather was punished because he wrote her letters telling her that he loved her and calling her "Smurf".

In Colquitt v. Ellegood, 2009 U.S. Dist. LEXIS 23305 (MD FL, March 20, 2009), a Florida federal magistrate judge rejected an inmate's claim that his free exercise rights were violated when the copy of a Quran furnished to him in jail had too small print and the jail rejected a larger print version purchased for the inmate by his wife and mailed from Amazon.com.

In Taylor v. Grannis, 2009 U.S. Dist. LEXIS 23311 (ND CA, March 12, 2009), a California federal district court permitted an inmate to move ahead with claims under RLUIPA that he was improperly denied permission to have tobacco products for a religious ceremony.

The Maryland Daily Record reported last week that Maryland prisons plan to begin offering kosher meals to observant Jewish prisoners. The program will start in time for Passover next month. Two cases are currently in the courts claiming that Maryland officials had refused to accommodate prisoners' requests for kosher diets.

USCIRF Reveals Previously Secret State Department Action On Religious Liberty Violators

Rather odd developments in implementing the International Religious Freedom Act were reported yesterday in a press release from the U.S. Commission on International Religious Freedom. Under the statute enacted in 1998, by May 1 each year USCIRF is to submit a report on religious freedom in various countries around the world to the State Department, the President and Congress. Then, taking into account USCIRF's recommendations, by September 1 each year the State Department is to submit an Annual Report on International Religious Freedom to Congress. The Act also requires the President to annually designate the worst violators of religious freedom to be "countries of Particular concern"(CPC) and to take any of a number of actions against those countries, unless he grants a waiver.

Despite the call for annual designations, the Bush administration, while submitting annual reports, had not updated its CPC list since 2006. Last September, USCIRF criticized the State Department for not having updated its designations. (See prior posting.) Now it turns out that just before leaving office, the Bush administration did take action to redesignate the same 8 countries as it had placed on its CPC list in 2006. On January 16, the administration named Burma, Eritrea, Iran, North Korea, the People's Republic of China, Saudi Arabia, Sudan, and Uzbekistan, but, as in the past, gave waivers to Saudi Arabia and Uzbekistan.

The puzzling part of this, however, is that according to USCIRF, while the designation was made, "the list was not made available until this week, when the Obama State Department released the list in response to a U.S. Commission on International Religious Freedom (USCIRF) inquiry." Now the State Department’s website also reports the January redesignation on a page titled Frequently Asked Questions: IRF Report and Countries of Particular Concern.

Court Upholds Texas Pledge Containing "Under God"

In Croft v. Perry, (ND TX, March 26, 2009), a Texas federal district court has rejected an Establishment Clause challenge to the Texas Pledge of Allegiance. The Pledge, recited in public schools, reads: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." (The disputed language was added to the Pledge in 2007. See prior posting.) Texas laws permits students to opt out of reciting the pledge. In the suit brought by parents of school children, the court found a secular legislative purpose and concluded that the pledge did not amount to an endorsement of religion. The court added: "simply asserting that the Texas pledge contains a religious phrase does not transform the Texas pledge from a voluntary patriotic act into a compulsory religious prayer." A press release from Texas Attorney General Gregg Abbott discusses the decision, as does a report in today's Dallas Morning news. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

New Hampshire AG Releases More Clergy Abuse Files

In New Hampshire, Attorney General Kelly A. Ayotte's office has released files on dozens of sexual abuse allegations against Catholic clergy. Most of the charges relate to incidents decades ago, but some claim abuse as recently as 2000. The files disclose the identities of 27 members of the clergy who had not previously been publicly named. Thursday's New York Times reports that the files contain significant information on the communications between the Diocese of Manchester and prosecutors after the clergy sex abuse scandal erupted in 2002. In a 2002 settlement, the Diocese agreed to annual audits by the state’s Attorney General.

Final Texas Science Curriculum Standards Are Adopted

There is a good deal of disagreement on the who won in the final version of the Texas science curriculum standards that were adopted by the State Board of Education on Friday by a vote of 13-2, after numerous amendments were approved. Today’s Dallas Morning News, New Scientist and Wall Street Journal all report on various aspects of the Board’s meeting. As expected, the Board affirmed a vote earlier this week not to go back to former language that would call on students to analyze the "strength and weaknesses" of scientific theories. (See prior posting.) In 8-7 votes, the Board deleted two sections that would have required high school biology classes to examine the "sufficiency or insufficiency" of common ancestry and natural selection of species.

However, the Board inserted other provisions that critics see as a wedge to introduce Creationism or Intelligent Design into the curriculum. Biology students are to “analyze and evaluate scientific explanations” on the complexity of cells as well as data on the “sudden appearance and stasis and the sequential groups in the fossil record." The Earth Science curriculum that was adopted calls for students to learn that there are "differing theories" on the "origin and history of the universe."

These changes will affect the review of textbooks by the Board in two years. Texas is such a large purchaser of books, that publishers often tailor the books they offer nationally to Texas standards.

Pastor's Suit Challenging Arrest For Gay Pride Protest Is Settled

According to Thursday's Wichita (KA) Eagle, a settlement has been reached in a federal lawsuit that was filed last year by a pastor who was arrested for preaching and distributing literature on a sidewalk near a park where a Gay Pride event was being held. (See prior posting.) A consent decree handed down this week stipulates that the city violated Pastor Mark Holick’s 1st and 14th Amendment rights, and awards him $11,700 in damages and $2,500 in attorneys’ fees. Wichita’s city attorney says that the officers who arrested Holick mistakenly thought the sidewalk was part of the park where the event was being held.

Proposed Armenian Religion Law Passses First Reading

Forum 18 reported earlier this week on proposed amendments to Armenia’s Religion Law and a proposed new Armenian Criminal Code provision containing fairly broad restrictions on proselytizing. The proposed laws passed their first reading in Parliament March 19, but further action will be delayed while the laws are reviewed by the Council of Europe's Venice Commission and the OSCE. The new Religion Law will require 500 adult citizens as members to register a religious community. (This is down from 1000 that appeared in the first draft of the proposal, but is an increase over the 200 that is found in current law.) The proposed law also recognizes "the exclusive mission of the Armenian Apostolic Holy Church as the National Church in the spiritual life of the Armenian people…" This is similar to language in 2005 amendments to the country’s Constitution. Religions that "exercise or try to exercise control over members' personal life, awareness, health, and ownership" are banned by another provision in the draft law.

NY Budget Cuts Will Delay Speedy Autopsies Needed By Muslims and Jews

New York City’s Chief Medical Examiner says planned state budget cuts will force extensive staff reductions which, in turn, will have a particular impact on observant Muslims and Jews. They may be unable to obtain the rapid autopsies that are necessary to meet their religious requirements for speedy burial. CBS 2 News reported Thursday that the Medical Examiner’s office faces cuts of $18 million.