Afghan Law Recognizing Shiite Beliefs Raises Protest From Women's Rights Advocates

Yesterday's Washington Post reports on the furor that has been ignited over a new law in Afghanistan that was supposed to have been the vehicle to recognize the religious beliefs of the country's minority Shiites. However the law has been widely denounced by human rights activists, Western governments and some Afghan cabinet members. The new law:

codifies proper behavior for Shiite couples and families in the most intimate detail. It requires women to seek their husband's permission to leave home, except for "culturally legitimate" purposes such as work or weddings, and to submit to their sexual demands unless ill or menstruating.

Sima Samar, a Shiite woman who chairs the Afghan Independent Human Rights Commission, said:

That was supposed to be an achievement: to recognize Shias' legal rights so Hanafi [Sunni] laws would not be imposed on them. But it was also used by a few leaders who want to put chains around half the population.

Court Orders Discovery On Equal Access Act Claim

In Youth Alive v. Hauppauge School District, 2009 U.S. Dist. LEXIS 29017 (ED NY, April 6, 2009), a New York federal district court dismissed as moot most of the claims asserted by two high school students regarding difficulties in organizing and operating a Bible club at their school. The court found that the school had responded to most of plaintiffs' claims under the 1st and 14th Amendments and the federal Equal Access Act (20 USC Sec. 4071). A controversy remained however over the school's failure to provide a paid advisor for the club, called Youth Alive. The court concluded that discovery is necessary as to this claim. At issue is the interpretation of a provision of the Equal Access Act that provides it shall not be construed to authorize school districts to "expend public funds beyond the incidental cost of providing the space for student-initiated meetings." Defendants claim this precludes them from furnishing a paid advisor, even though they are furnished to other non-religious groups.

Partial Reversal In Case of Woman Injured During Altar Call

In Dadd v. Mount Hope Church and International Outreach Ministries, (MI Ct. App., April 9, 2009), a Michigan appellate court affirmed a jury's negligence award, but reversed its award in false light, libel and slander claims. The suit was brought by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. She also alleged that the pastor made derogatory remarks about her orally and in writing after the incident, including allegations she was attempting to commit insurance fraud. (See prior posting.) The court said that while the church has no general duty to protect all congregants who participate in services from injury, here the pastor made it clear that ushers were specially trained to catch people who fall during an altar call. However, on the defamation claims, the court held that the trial court should have instructed the jury on qualified privilege. Friday's Detroit Free Press reports on the decision. [Thanks to Brian D. Wassom for the lead.]

California Civil Court Overturns Jewish Religious Court Decision

In a California civil suit seeking confirmation of a Jewish religious court's judgment, a Los Angeles Superior Court judge has held that one of the rabbis on the Bet Din (religious court) had an apparent conflict of interest. Thursday's Los Angeles Times reported on the case in which the widow of Rabbi Norman Pauker claimed ownership of four Torah scrolls that had been in the possession of her late husband's assistant, Rabbi Samuel Ohana, for over a decade. The Bet Din awarded the scrolls to the widow on the basis of a written agreement that the scrolls were to merely be loaned temporarily to Ohana. In overturning the religious court's decision, the civil court found that Bet Din member Rabbi Nachum Sauer had not disclosed comments he made in a newspaper article a year earlier that suggested the Torahs belonged to Pauker. Rita Pauker says she will appeal, while Ohana has already appealed the Bet Din's judgment to a higher court in Israel. (See prior related posting.)

Obama's Easter Plans Unclear; Weekly Address Focuses On Holidays--[UPDATED]

The New York Times on Friday speculated broadly on what church the Obama family might attend for Easter services. At Friday's White House press briefing (full text), press secretary Robert Gibbs refused to disclose President Obama's choice. Meanwhile, the President's weekly address yesterday (full text) focused in part on Easter and Passover, saying that both holidays are "occasions to think more deeply about the obligations we have to ourselves and the obligations we have to one another."

UPDATE: The Washington Post reports that the Obama family attended Easter services at at St. John's Episcopal Church, across Lafayette Park from the White House. Huffington Post has a video of the Obama's going to St. John's and a detailed pool report on the service.

School District Settles Suit Over Bullying of Muslim High Schooler

USA Today reported last Wednesday that the Washoe County (NV) School District will settle lawsuits alleging that administration officials failed to protect a Muslim high schooler from bullying. Jana Elhifny dropped out of high school after death threats and harassment for wearing a Muslim headscarf. Elhifny will receive $350,000 in the settlement. Her non-Muslim friend who was ostracized by fellow students will receive $50,000. The district will also work with lawyers on bullying and discrimination policies.

Egyptian Court Revokes Magazine's License Over Blaspehmous Poem

In Egypt last Tuesday, a Cairo administrative court rescinded the publishing license of Ibdaa, a government-funded magazine, finding that it had published a blasphemous poem by Egyptian poet Helmi Salem. M&C reports that the court's order comes in a "hesbah" lawsuit, a suit brought by a private party against anyone publishing anti-Islaimic teachings. In 2007, religious scholars at al- Azhar University, concluded that Salem's poem "included expressions that insult God." Salem disagrees, saying the poem was directed at the dependency and passivity of Muslims. This is the first time that a magazine's license to publish has been cancelled in a hesbah suit. Egypt's intellectuals and artists have backed Salem, and his lawyer expects the decision will be overturned on appeal.

Developments In Obama's Faith Based Partnerships Program

JTA reported Tuesday on the White House briefing earlier this week for the Office of Faith-Based and Neighborhood Partnerships Advisory Council and a wide spectrum of religious leaders-- including advocates of church-state separation. (See prior posting.) OFBNP executive director Joshua DuBois told those in attendance that the Office would put less emphasis on the Bush administration's concern about equal access to grants. Instead it will seek the expertise of faith-based groups on policy goals such as fighting poverty, promoting responsible fatherhood, reducing unintended pregnancies, and enhancing inter-religious cooperation. He also said that OFBNP will strengthen the "legal and constitutional footing" and draw "appropriate legal lines" for religious groups receiving government funds.

Meanwhile on Friday, the U.S. Department of Education announced the appointment of Peter Groff as the Director for the Faith-Based and Community Initiatives Center in the Office of the Secretary. Groff, who is currently president of the Colorado Senate, plans to enlist faith-based groups in support of equal access to education and educational excellence for all Americans.

Court Allows Students Warned Against Prayer To Proceed With Claims

In Kyriacou v. Peralta Community College District, (ND CA, March 31, 2009), a California federal district court refused to dismiss a number of constitutional challenges brought by two students who were threatened with dismissal from a community college for disruptive behavior. At issue was an incident in which student Kandy Kyriacou prayed with her instructor in an office that the instructor shared with other faculty. Another instructor objected, and also raised objections to Kyriacou's telling the second plaintiff, Ojoma Omaga, about the incident. The court rejected defendants' motion to dismiss most of plaintiffs' 1st and 14th Amendment claims. Thursday's San Jose Mercury News reports on the decision. (See prior related posting.)

Appeal Filed In Suit Challenging Inaugural Oath and Prayers

On Thursday, a notice of appeal to the D.C. Circuit was filed in Newdow v. Roberts, according to a release from the American Humanist Association. In the case, the trial court dismissed on standing grounds a challenge to the Chief Justice administering the oath of office at President Obama's inauguration using the phrase "so help me God" and to clergy delivering an invocation and benediction at the ceremony. (See prior posting.)

Tony Alamo Ministries Sues Arkansas Human Services Department

In an Arkansas federal court lawsuit filed Thursday, Tony Alamo Ministries and two of its members sued the Arkansas Department of Human Services , claiming that it has engaged in a campaign of harassment and intimidation against the church. State children's services officials have removed 36 children from the church's compound in Arkansas, saying that the children are endangered by practices such as underage marriages and beatings for ignoring church rules. (See prior posting.) The Arkansas Democrat Gazette and AP this week reported on the lawsuit. The complaint alleges that parents of the children are being required to move off church property and find jobs outside of the ministry to regain custody of their children. Meanwhile in scattered foster homes, the children are being exposed to television shows that would have been banned by the church, and are being vaccinated in violation of their parents' religious objections. It is alleged that the state pans to "deprogram" the children. Other parents with children under 18 have fled the church and are living as fugitives. The church has stopped holding services, and lacks personnel to fill the backlog of orders for Pastor Tony Alamo's cassette tapes and pamphlets.

Obama Beomes First President To Host A White House Seder

On Thursday, Barack Obama became the first President to host a Passover seder at the White House. According to Politico, the origins of the event were a year ago when a year ago some of Obama’s campaign staff held an impromptu seder in the basement of the Sheraton in Harrisburg, Pennsylvania. After ending that seder with the traditional "Next year in Jerusalem," they added: "next year in the White House." The White House website carries a photo of the 20-person seder held in the Old Family Dining Room, with Obama reading from the Haggadah.

University of Maryland Student Senate Ends Graduation Prayer

University of Maryland's Student Senate voted 32-14 to remove prayer from the University commencement ceremony. WJLA News reported yesterday that the vote on Monday culminated three years of debate on the issue. The invocation was presented each year by one of the University's 14 chaplains, and was designed to be inclusive. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

UPDATE: The April 13 GW Hatchet reports that University of Maryland President Dan Mote overruled the Student Senate's decision three days later. [Thanks to Scott Mange for the lead.]

Fatih-Based Office Hosts Meeting For Council and Invited Leaders

Today's Washington Post reports:

The Office of Faith-based and Neighborhood Partnerships, whose mission is to empower religious and secular groups that provide social services, is hosting more than 60 people it considers key leaders at the Eisenhower Executive Office Building for a meeting that began last night and runs through this evening.

Invited guests include the 25 members of the president's advisory council and a few dozen more insiders (almost all from faith-based groups), including people President Obama has turned to since he became a candidate for guidance on everything from torture ethics to Catholic politics to inner-city fatherhood programs.

Participants were pleased that administration officials were seeking their input on social policy issues, but fear that their agenda will get pushed aside by the economic crisis, and that funds will be diverted by state and local governments.

Vatican Rejects US Ambassador Names Because of Their Positions on Abortion

The Washington Times reported yesterday that the Vatican has rejected at least three names that President Obama has put forward as possible candidates for ambassador to the Vatican because of the individuals' support abortion rights. The failure to find an ambassador could become embarrassing as Pres. Obama hopes to visit the Vatican in July as part of a trip to Italy for a summit of the Group of Eight industrialized nations. [Thanks to Alliance Alert for the lead.]

Pres. Obama Sends Passover Greetings

Yesterday President Obama sent out a letter by e-mail conveying holiday wishes to all who are celebrating Passover. (Full text of letter.)

3rd Circuit Says Police Need Not Accommodate Officer's Khimar

In Webb v. City of Philadelphia, (3d Cir., April 7, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim brought by a Philadelphia police officer. Agreeing with the district court (see prior posting), the Court of Appeals held that it would impose undue hardship on the Department to require it to allow Kimberlie Webb, a Muslim, to wear a headscarf (khimar) while on duty in uniform. It agreed with the City that the uniform rule is necessary to create a perception of impartiality by citizens of all races and religions. AmLaw Daily reports on the decision, including the court's rejection of counsel's attmpt to raise a number of issues for the first time on appeal. [Thanks to Steven Sheinberg for the lead.]

Student In Israel Displays Novel Protest Over Court's Reading of Hametz Law

Passover begins tonight, and in Israel the dispute continues over how to interpret its Festival of Matzot (Prohibition of Leaven) Law, 5746-1986, (also known as the "Hametz Law"). Last year, a court held that its ban on the public display of any leavened product for sale or consumption during Passover did not prevent the sale in a closed place of business of leavened products. (See prior posting.) The Haredi (ultra-Orthodox) community is still distressed over the ruling. This week, according to Arutz Sheva, to protest the interpretation, yeshiva student Aryeh Yerushalmi entered a Tel Aviv grocery store, went to the bread section, and stripped naked (except for a sock over his private parts). He says Israeli law bans performing an indecent act in a public place, but if a grocery store is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. When police arrived at the scene, the student put his clothes back on. A Tel Aviv district court judge put Yerushalmi under house arrest for a week.

Cert. Denied In Establishment Clause Challenge To Navy Retirement System

Yesterday, the U.S. Supreme Court denied certiorari in Chaplaincy of Full Gospel Church v. Department of Navy, (Docket No. 08-1057) (Order List). In the case, the D.C. Circuit Court of Appeals had dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. (See prior posting.)

Court Says Ministerial Exception Does Not Apply In Suit Against Archdiocese

In Dayner v. Archdiocese of Hartford, 2009 Conn. Super. LEXIS 606 (CT Super., March 11, 2009), a Connecticut trial court rejected a 1st Amendment free exercise challenge to its jurisdiction in a suit brought by a former principal of a Catholic girl's school against the Archdiocese and a priest. Plaintiff alleged that her firing as principal involved a breach of implied contract, breach of implied covenant of good faith, promissory estoppel, wrongful termination and negligent infliction of emotional distress as to the Archdiocese and tortious interference with business expectancies as to the priest, Father Bzdyra. The court held that the "ministerial exception" that precludes a court from adjudicating employment disputes between religious institutions and their religious leaders does not apply here because "the court will not be required to consider matters of religious belief or practice in deciding these claims."