Preliminary Injunction Granted In Challenge To Grade School Religious Music

In S.D. v. St. Johns County School District, (MD FL, April 15, 2009), a Florida federal district court granted a preliminary injunction barring an elementary school from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust." Third graders had been told that if they did not wish to practice the song for their upcoming assembly, they could not appear at all in the program. Finding that it was likely plaintiff would prevail on his Establishment Clause challenge, the court said:

The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.

The preliminary injunction was entered even though the school had withdrawn the song from this year’s assembly. Today's St. Augustine (FL) Record reports on the decision. (See prior related posting.)

Macedoia's Constitutional Court Strikes Down Religious Instruction In Grade Schools

Makfax reported yesterday that Macedonia's Constitutional Court has struck down a provision in Macedonian law that allowed religious instruction in grade schools. Article 26 of the Law on Elementary Education stated: "religious instruction can be studied in the primary schools as a subject of personal choice." The court found the provision inconsistent with Macedonia's Constitution.

FLDS Defendants Challenge Search Warrants Used In Ranch Raid

In El Dorado, Texas yesterday, attorneys for ten indicted members of the FLDS Church filed motions in state court to suppress evidence that came from searches of the sect's YFZ Ranch last year. The highly publicized raids also led to the state’s taking temporary custody of some 439 children that lived on the FLDS compound in Sleicher County (TX). (See prior posting.) Identical 61-page motions challenging the validity of two search warrants were filed yesterday on behalf of each of the defendants who are charged with a number of offenses, including sexually abusing children. They argue:

[T]he authorities used a hoax phone call as an excuse for staging a massively intrusive raid upon a disfavored religious group…. Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find.

Today's Deseret News and San Angelo (TX) Standard-Times report on the motions.

Identities of Those Rejected As Ambassador To Vatican Disclosed [Corrected]

Earlier this month, it was reported that the Vatican had rejected three names put forward as the possible nominee for U.S. ambassador to the Holy See. Yesterday the London Times disclosed the identity of two of the three whose views made them unacceptable to Vatican officials: Caroline Kennedy and law professor Douglas Kmiec. [An earlier version of this posting made reference incorrectly to a third name-- which came from my misreading of the Times report-- thanks to a Commenter for the heads up.]

Cuba Withholds Visas From USCIRF Delegation

Last Monday, the U.S. Commission on International Religious Freedom announced that the government of Cuba has prevented a USCIRF delegation from visiting by withholding visas. The trip, which had been planned for many weeks, was intended to include meetings with various religious groups and with Cuban government officials to discuss freedom of religion in Cuba. The Cuban government offered no explanation and did not set an alternative date for the delegation’s visit. [Thanks to Scott Mange for the lead.]

Public School Courses From Kabbalah Center Draw Criticism

In Los Angeles, church-state questions are being raised by a Spirituality for Kids course that is being offered at nine elementary schools and three community sites. Today's Los Angeles Times reports that the course was developed by Karen Berg, who leads the Los Angeles Kabbalah Centre, with her husband, Rabbi Philip Berg. While Kabbalah is a traditional form of Jewish mysticism, the Kabbalah Center website claims that the organization is non-religious. The school classes do not mention "kabbalah", but use terms common in the Kabbalah Centre's programs. In one class, teacher Jenna Zucker and a facilitator wore the knotted red strings often used in kabbalah to ward off the "evil eye." Supporters say the public school course is a spirituality program that uses language common to many faiths. Others however are more skeptical. Orthodox Rabbi Yitzchok Adlerstein says the program does not belong in public schools. [Thanks to Patrick S. O'Donnell for the lead.]

School Board Grants Grooming Exemption For Native American High Schooler

The Somerset (TX) Independent School District Board of Trustees voted Monday to grant an exemption from the district's grooming policy for high schooler Jesus Figueroa. Today's Houston Chronicle reports that the vote came after a judge had ordered school officials to permit the boy to return to the classroom while his case was being litigated. Figueroa is a P'urhépecha Indian from Mexico. He believes his hair is a gift from the Great Spirit and should be cut only to mourn the death of a loved one. Apparently the boy initially claimed an exemption based on free expression grounds. The school board was more amenable to granting an accommodation once the claim was based on religious grounds and Figueroa's parents filed a document with the court indicating that they are Native Americans.

Tangipahoa Parish School Board Adopts Minor Changes In Policy On Invocations

Today's Baton Rouge (LA) Advocate reports that the Tangipahoa Parish (LA) School Board has made minor modifications in its policy on invocations preceding Board meetings. A lawsuit is pending against the Board broadly challenging its invocation policy which is based on a Model Policy developed by the Alliance Defense Fund. (See prior posting.) That challenge is set to go to trial in federal court on June 1.

The changes made at last Thursday's meeting-- largely at the urging of ADF-- provide that congregations can request to be added to the Board's list of potential invitees to deliver an invocation, and in case of a question about whether the religious organization is bona fide, the Board will rely on the IRS list of exempt organizations. The amendments also provide that students or others called on to deliver the Pledge of Allegiance, the national anthem or the preamble to the Constitution at a Board meeting are not required to attend the invocation. Students will be introduced after the invocation and the call to order of the meeting to prevent pressure on them to attend board-sponsored prayers.

Tajikistan Islamic Leader Resigns From Parliament In Protest of Religion Law

In Tajikistan, Muhammadsharif Himmatzoda, spiritual leader of Tajikistan's Islamic Revival Party, has resigned his seat in Parliament. Taiwan News reports today that the resignation came in protest of the country's new Religion Law. The controversial law was signed by Tajikistan's president last month. (See prior posting.)

Vermont's Gay Marriage Law Contains Strong Religious Exemptions

Last week, Vermont's legislature overrode the veto of Gov. Jim Douglas and became the fourth state to authorize same-sex marriages. As the Burlington Free Press reported last week, this is the first time that gay marriage has been approved legislatively, rather than by the courts. Largely uncommented upon until an article in today's New York Daily News are the strong religious freedom exemptions included in the new law (full text of S. 115).

Statutory provisions on who may solemnize marriages were amended to include this provision:

[18 VAA Sec. 5144(b): ] This section does not require a member of the clergy ... to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.

The provisions of Vermont's Banking and Insurance law relating to Fraternal Benefit Societies was amended to include the following:

[8 VSA Sec. 4501(b):] The civil marriage laws shall not be construed to affect the ability of a society to determine the admission of its members ... or to determine the scope of beneficiaries..., and shall not require a society that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the society’s free exercise of religion, as guaranteed by the First Amendment to the Constitution of United States or by Chapter I, Article 3 of the Constitution of the State of Vermont.

Finally, the law amended Vermont's provisions banning discrimination in public accommodations to include the following:

[9 VSA Sec. 4502(l):] Notwithstanding any other provision of law, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods, or privileges is related to the solemnization of a marriage or celebration of a marriage. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this subsection shall not create any civil claim or cause of action.

This subsection shall not be construed to limit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from selectively providing services, accommodations, advantages, facilities, goods, or privileges to some individuals with respect to the solemnization or celebration of a marriage but not to others.

Court Upholds Jury's RLUIPA Verdict and Constitutionality of RLUIPA

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2009 U.S. Dist. LEXIS 30623 (D CO, March 30, 2009), a Colorado federal district court upheld a jury verdict handed down last year under RLUIPA in favor of Rocky Mountain Christian Church. Rejecting defendants' motion for judgment as a matter of law, the court found that there was sufficient evidence to support the jury's finding that the county violated the equal terms, substantial burden and unreasonable limitations provisions of the Religious Land Use and Institutionalized Persons Act in denying the church's special use application. In a lengthy decision, the court also upheld RLUIPA against an Establishment Clause challenge and a claim that the statute exceeds Congress' enforcement authority under Section 5 of the 14th Amendment.

In a companion decision issued the same day, 2009 U.S. Dist. LEXIS 30614, the court issued a permanent injunction requiring approval of the church's 2004 special use application. However the court refused to issue an injunction barring the county from imposing any further substantial burden on the church's religious exercise, finding that an injunction merely broadly ordering obedience to the law is impermissible. (See prior related postings 1, 2.)

Roy Moore Likely To Run For Alabama Governor

CQ Politics reported yesterday that former Alabama Chief Justice Roy Moore says he is very "inclined" to enter the race for Alabama Governor in 2010. Moore was removed as state chief justice in 2003 after he refused to comply with a federal court order to take down a large 10 Commandments monument that Moore had placed in the State Judicial Building. Moore, currently the head of Foundation for Moral Law, told the AP in an interview Saturday that he would make a formal announcement of his intentions on June 1. Moore lost the Republican primary for Alabama governor in 2006.

Pakistan's President Signs Approval of Islamic Law In Swat Valley Area

BBC News and The Hindu report that Pakistan's President Asif Ali Zardari on Monday signed Nizam-e-Adl Regulation 2009, implementing Islamic law in the Malakand division of the Northwest Frontier Province. The signing followed passage of a resolution by Parliament's lower house, the National Assembly, urging Zardari to approve the regulation. Malakand is comprised of six districts, including the Swat valley. The regulation was part of an arrangement agreed to in February between the NWFP government and the Tehrik-e-Nifaz-e-Shariah Muhammadi, a group of religious hardliners, who in exchange got local Taliban to call a truce in the region. (See prior posting.) Instead of immediately signing the controversial arrangement, President Zardari put it before Parliament in order to develop a national consensus.

Health Care Facility Settles Suit Alleging Shaving of Sikh Man

In Westchester County, New York, a medical care facility has settled a lawsuit filed by the family of an Alzheimer's patient, an elderly Sikh man, whose beard, eyebrows, and mustache were cut by a nurse who had not been trained to understand the patient's religious preferences. Global Sikh News yesterday reported that the suit alleged free exercise violations as well as a claim for assault and battery. The Justice Department's Civil Rights Division had also begun an investigation into the matter. The settlement involves training of hospital staff to avoid similar issues in the future for other patients, as well as payment of $20,000 in damages to the family of now-deceased patient Pyara Singh. As part of the settlement, the hospital agreed to adopt United Sikhs' Guidelines for Hospital Admittance and Care/Extended Care for Sikhs as part of its nursing department orientation.

Lebanese Begin To Use New Right To Have Religion Removed From ID's

In Februrary, Lebanon's Interior Minister issued a circular permitting any citizen to have his or her religious affiliation removed from Civil Registry Records. (See prior posting.) According to today's Daily Star, the Union of Lebanese Democratic Youth urged people to use last Saturday as a day to request removal of affiliation from their ID's, and over 200 did so. It is expected that next, someone whose identity was removed will challenge the country's sectarian electoral law by attempting to run for Parliament. The Electoral Law restricts parliamentary candidates in various districts to members of a particular religious sect.

Organization of Islamic Conference Creates New Human Rights Commission

Al Arabiya reports that The Organization of Islamic Conference met at its headquarters in Jeddah, Saudi Arabia yesterday to create a new OIC Human Rights Commission. The 57-member OIC will seek assistance from the U.N.'s Office of the High Commissioner on Human Rights and the Geneva Institute for Human Rights in setting up its new independent Commission. OIC Secretary-General Eklemeddin İhsanoğlu said that the new Commission will: "promote tolerance, and fundamental freedoms, good governance, the rule of law, accountability, openness, dialogue with other religions and civilizations, the rejection of extremism and fanaticism, and the strengthening of the sense of pride in the Islamic identity." He also sid that this step would promote intellectual and political reform in OIC countries. OIC members also discussed "refining" the 1990 Cairo Declaration of Human Rights in Islam.

Sikh Group Wants Army To Accommodate Turbans, Unshorn Hair and Beards

Tomorrow the Sikh Coalition will begin a campaign to convince the U.S. Army to permit Sikhs to serve in the military while wearing a turban, unshorn hair and a beard. Announcing the campaign, the Sikh Coalition said that currently Sikhs are required to choose between their religion and military service. In January, the Coalition sent a lengthy letter (full text) to Secretary of Defense Robert Gates urging him to accommodate the religious needs of a Sikh doctor and a Sikh dentist who were recruited during their first years in medical and dental school respectively, but whose ability to serve while maintaining their Sikh identity is now being questioned. An online petition is available to call on the military to allow Captain Kamaljit Singh Kalsi and Second Lieutenant Tejdeep Singh Rattan to serve with their turbans, unshorn hair and beards intact. [Thanks to Michael Lieberman for the lead.]

Murder Suspect's Husband Criticizes Police For Bareheaded Mugshot

In Orland Park, Illinois, police have arrested 26-year old Nour Hadid on charges of beating her 2-year old niece to death over a four day period, according to Friday's Southtown Star. Prosecutors say she has confessed to the crime. However Nour's husband, Alaeddin Hadid, says his wife is innocent and that police have insulted their Muslim religion by releasing a mug shot of his wife without her head covered. Police say that Nour's headscarf was given back to her after the mug shot was taken, but the headscarf was later taken away from her after she made suicide threats.

Modified EU Draft Directive on Discrimination Raises Concerns

Sunday's London Telegraph reports on changes that were made this month by the European Parliament in the EU Anti-Discrimination Directive that was drafted last year by the European Commission. The directive bans discrimination in offering of goods and services. This month's amendments eliminated exemptions for organizations based on religion and belief. Critics say this means that Christian churches might be sued if they refuse to give communion, baptism or membership to non-Christians trying to get their children into a church school. It could bar current policies under which church schools give priority in admission to members of their faith. And some say it could lead to gays and lesbians demanding weddings in churches. The draft directive now goes to the European Council, where each EU country is represented. Meanwhile the Church of England plans to raise concerns about the draft with the British government.

Recent Prisoner Free Excercise Cases

In Ortiz v. Downey, (7th Cir., April 1, 2009), the U.S. 7th Circuit Court of Appeals held that the district court should not have dismissed prior to discovery a Catholic inmate's claim that he was denied a rosary and prayer booklet in violation of his free exercise rights.

In Babcock v. Clarke, 2009 U.S. Dist. LEXIS 26896 (ED WA, March 31, 2009), a Washington federal district court rejected plaintiff's free exercise, RLUIPA and equal protection claims. Plaintiff objected to authorities' refusal to permit her to attend school programming using her religious name that she adopted in 1993 and that, she says, was mandated by God when she was studying both Wicca and Noahide. Plaintiff asserts that forcing her to use her committed name is "incongruous of her religious beliefs, and debilitating her by undoing years of psycho-therapy for transsexualism."

In Mitchell v. Wiley, 2009 U.S. Dist. LEXIS 26945 (D CO, March 31, 2009), a Colorado federal district court adopted a federal magistrate's recommendation and dismissed an inmate's objections to prison rules that grant access only to publications that come directly from the publisher or approved vendors, as well as policies that restrict inmate access to publications considered inmate-to-inmate correspondence, and an alleged ban on congregational prayer of two or more Muslim prisoners. Plaintiff had argued that the policies violated his free exercise rights and his rights under RLUIPA. Among the publications sought by plaintiff was a Muslim newspaper, "The Final Call."

In Jones v. South Carolina Department of Corrections, 2009 U.S. Dist. LEXIS 26736 (D SC, March 30, 2009), a South Carolina federal district court adopted a federal magistrate's recommendation and rejected defendant's objections to an inmate educational program, finding that plaintiff's amended complaint did not adequately allege Establishment Clause, RLUIPA or Sourth Carolina Religious Freedom Act claims.

In Sweeper v. Taylor, 2009 U.S. Dist. LEXIS 27318 (ND NY, March 27, 2009), a New York federal district court rejected an inmate's free exercise claim, finding that he was not disciplined for praying with 6 other inmates during Ramadan, but instead for refusing to obey an order.

In Gallagher v. Shelton, 2009 U.S. Dist. LEXIS 27778 (D KS, March 31, 2009), a Kansas federal district court rejected free exercise and equal treatment claims by a Jewish inmate who claimed his requests for accommodation and religious items for specific Jewish holidays were denied or honored after the fact, and that he was subjected to an antisemitic comment and prejudicial treatment because of his religion.

In Horacek v. Derrick, 2009 U.S. Dist. LEXIS 27605 (ED MI, March 30, 2009), a Michigan federal district court permitted plaintiff, who was a Jewish pre-trial detainee, to move ahead with a claim that he was not adquately provided with kosher food. However the court rejected plaintiff's objections to the requirement that he not wear a yarmulke outside of his cell.