Egypt Presses Government Employees To Stop Wearing Niqab

Egypt's Ministry of Religious Endowments has held the first in a series of seminars designed to convince Muslim women in government jobs to stop wearing the niqab-- the full face veil. Those attending the seminar were given a book titled "Face Veil is a Custom not a Religious Obligation." Al Arabiya reports today that this follows a ban earlier this month imposed by the Ministry of Health on nurses wearing the niqab in hospitals. The government campaign is aimed at convincing women that the headscarf is sufficient under Islamic law.

Recent Articles of Interest

From SSRN:

• Kenneth L. Marcus, Jurisprudence of the New Anti-Semitism, (Wake Forest Law Review, Vol. 44, 2009).

From Bepress:

• Patrick McKinley Brennan, Delivering The Goods: Herein of Mead, Delegations, and Authority, (Villanova University School of Law Working Paper Series, Working Paper 129, March 2009).

From SmartCILP:

• Edward B. Arroyo, Contemplating the Katrina Whirlwind: From "Apocalypse Now" To Solidarity For the Common Good, 7 Seattle Journal for Social Justice 163-203 (2008).
• James A. Davids, Pounding a Final Stake In the Heart of the Invidiously Discriminatory "Pervasively Sectarian" Test, 7 Ave Maria Law Review 59-121 (2008).
• Barbara J. Fleischer, Katrina Stories: Windows Into Religious Meaning, Pathways to Social Justice, 7 Seattle Journal for Social Justice 11-36 (2008).
• Anthony R. Picarello, Jr., The Good News of InnerChange, 7 Ave Maria Law Review 25-57 (2008).
• Thomas Ryan, Vision and Spirituality In Post-Katrina New Orleans, 7 Seattle Journal for Social Justice 101-125 (2008).

US Will Boycott Durban Review Conference

The State Department, in a press release issued yesterday, announced that it would boycott the United Nations Durban Review Conference being held in Geneva this week. This follows earlier withdrawal of the U.S. from pre-conference meetings and a statement that it would re-engage only if dramatic changes were made in the conference draft resolution. (See prior posting.) The Hudson Institute's Eye on the UN last week published a scathing report on the final draft of the review conference outcome document that continues to reflect the agenda of Islamic countries. CNN reports that the Congressional Black Caucus was dismayed at President Obama's decision and would have liked the U.S. to send a diverse delegation to the anti-racism conference.

Somalia Adopts Islamic Law

According today's the New York Times, Somalia's Parliament yesterday voted unanimously to institute Islamic law in the country. The vote ratifies a decision by the cabinet last month. Justice Minister Sheik Abdirahman Mohamoud Farah said that the adoption of Sharia was designed to undercut support for Islamist opponents of the government.

Directory of Church Social Services Distributed In Schools Is Criticized

Civil libertarians are criticizing a directory of youth groups and programs distributed to students in Greece, New York public schools last week. They say that its Christian focus crosses the church-state line. Today's Rochester (NY) Democrat & Chronicle reports that the directory was produced and funded by local churches and lists mostly programs offered by Christian churches in town. However a few community food pantry, educational and support resources are also included. The directory is signed by the Greece Central School District superintendent, the school board president and a local Baptist pastor who heads a faith committee of the school board that provides input from the faith community. School officials say the directory is merely a resource for parents and young people looking for help, and that they worked with school district attorneys to avoid church-state issues.

EEOC Sues Over Harassment of Evangelical Employee

Business Management Daily reports today that the EEOC has filed a religious discrimination lawsuit against a Mount Airy, Virginia carport dealer for failing to respond to complaints from an employee about religious harassment from co-workers. Brenda Thompson, who belongs to an evangelical nondenominational church, was called a "devil-worshipper" by her co-workers. They also called here religion a "cult".

Recent Prisoner Free Exercise Cases

In Odneal v. Pierce, (5th Cir., April 3, 2009), the U.S. 5th Circuit Court of Appeals held that a Texas federal district court had improperly rejected a RLUIPA claim by a Native American inmate who wanted to maintain long hair (a kouplock) and wear a medicine pouch. However the court upheld the dismissal of plaintiff's challenge to the frequency of religious services in his prison unit. Earlier this month the Houston Chronicle reported on the decision.

Al-Amin v. Shear, (4th Cir., April 10, 2009), the U.S. 4th Circuit Court of Appeals vacated a Virginia district court's decision, holding that the trial court had applied the wrong standard in rejecting plaintiff's claim under RLUIPA that he should be able to use his now-legal name (Al-Amin) in place of his name when he was committed (Jones) to access his inmate account. In connection with plaintiff's claims regarding his diet during Ramadan, the court held that the statute of limitations under RLUIPA is 4 years, and that factual questions remained about some of his claims. The court also held that the district court had improperly dismissed on statute of limitations grounds plaintiff's claims regarding refusal of donations of Islamic materials for the prison chaplain's library.

In Greenberg v. Hill, 2009 U.S. Dist. LEXIS 28027 (SD OH, March 31, 2009), an Ohio federal district court adopted a magistrate's recommendation, holding that an inmate's free exercise and RLUIPA rights were not violated when Jewish inmates were denied a full kosher Seder meal on two nights in April 2007.

In Allen v. Tilton, 2009 U.S. Dist. LEXIS 28499 (CD CA, April 2, 2009), a California federal magistrate judge dismissed, but allowed the filing of an amended complaint, by a Muslim inmate who claims his fre exercise rights were violated when he was denied a Halal diet.

In Riley v. Terhune, 2009 U.S. Dist. LEXIS 29082 (ED CA, April 2, 2009), a California federal magistrate judge rejected an inmate's claim his free exercise and RLUIPA rights were violated by the correction department's grooming regulations. Plaintiff had alleged only that he practices an ancient Egyptian religion that requires long hair.

In Lichtenthal v. Brustman, 2009 U.S. Dist. LEXIS 29153 (D NJ, April 7, 2009), a New Jersey federal district judge rejected an inmate's claim that he should be permitted to reside at a halfway house closer to his home or permitted to drive 180 miles to his home to observe the Jewish Sabbath and be given a furlough to observe Passover.

In Menefield v. Tilton, 2009 U.S. Dist. LEXIS 30504 (ED CA, March 27, 2009). a California federal district judge permitted a Muslim prisoner to proceed with free exercise, equal protection and RLUIPA challenges to the refusal to provide him with either Halal or kosher meals. The court also ordered appointment of counsel for plaintiff.

In Jones v. Burk, 2009 U.S. Dist. LEXIS 30859 (ED CA, March 26, 2009), a California federal district judge allowed an inmate to move ahead with his claim for damages under RLUIPA growing out of the refusal by prison authorities to allow plaintiff to keep prayer beads, prayer oil, prayer clay and a skull cap.

In Jones v. Walker, 2009 U.S. Dist. LEXIS 31387 (WD TX, March 17, 2009), a Texas federal district judge adopted a magistrate's recommendation and dismissed an inmate's claims that prison officials failed to follow state policies on confiscating and destroying a "contraband" prayer rug and providing rotation of pork-free substitutes and pork-free holiday meals.

KATV News reports that in a case on remand from the 8th Circuit (see prior posting), a Tennessee federal district judge has awarded an inmate damages of $625 for violation of his free exercise rights. Plaintiff was required to clean his cell on Saturday mornings in violation of his observance of the Sabbath.

In Bailey v. Rubenstein, 2009 U.S. Dist. LEXIS 32192 (SD WV, April 15, 2009), a West Virginia federal district court accepted a magistrate's recommendation and dismissed a claim by a Native American inmate that prison restrictions on smoking infringed his free exercise rights and his rights under RLUIPA.

In Blount v. Echols, 2008 U.S. Dist. LEXIS 108397 (WD AK, Sept. 4, 2008), an Arkansas federal magistrate judge rejected defendant's motion for summary judgment and permitted a Mormon inmate to move ahead with his challenge to prison rules that allow detainees to have only one religious book while in lock-down.

Court Says Fallen Eruv Wire Is Not A Known Dangerous Condition

In Egar v. Congregation Talmud Torah, (NY Sup. Ct., April 16, 2009), a New York state trial court dismissed a claim by a victim of a slip-and-fall accident that a group of synagogues should be liable for her injuries because she tripped over a fallen wire that was part of an eruv maintained by the defendants. The eruv (a symbolic enclosure within which observant Jews may carry items on the Sabbath) ran through the property of St. John's Episcopal Hospital's teaching center where plaintiff fell. Plaintiff claimed that defendants had constructive notice that the eruv constituted a dangerous condition because a year earlier an eruv wire had fallen in a different location. The court disagreed, saying that a "single incident of the eruv falling a year before this incident certainly does not constitute evidence of a regularly recurring condition of which defendants must be aware." [Thanks to YY Landa for the lead.]

Radical Cleric In Pakistan Returns To Red Mosque To Push For Shari'a Nationally

Time Magazine yesterday reports on another victory in Pakistan for those who favor imposition of Islamic law in the country. Radical cleric Abdul Aziz has been released on bail by Pakistan's Supreme Court after it ruled that there was insufficient evidence to hold him on charges of inciting violence. He had originally been arrested in 2007 after a week-long confrontation between government authorities and clerics from the Red Mosque-- including Aziz-- who had set up a religious court to enforce Islamic law. A day after his release, he returned to the pulpit at Islamabad's Red Mosque, preaching a sermon promising to continue to fight to establish Shari'a (Islamic law) throughout the country. (See prior related posting 1, 2.)

Growing Trend For Churches To Locate In Commercial Space

Newspapers from two separate states report on a growing phenomenon-- churches locating in commercial areas. Sometimes zoning officials see this as a problem because the tax exempt institutions are taking property that might be tax producing. Elsewhere, however, planners see this as creating a promising economic partnership. Yesterday's Galesburg (IL) Register-Mail says that many Illinois churches, looking to expand at lower cost than constructing new buildings, are relocating to closed big-box stores and auto service centers that they remodel to meet their needs. Today's Tyler (TX) Morning Telegraph reports that in cities like Conroe and Tyler, Texas, the many churches relocating to downtown areas have brought increased vitality to the commercial districts. Church goers have extra parking on Sundays, while workers during the week have expanded parking in church lots. Planners also see the potential for downtown restaurants to serve church-goers. Architect Don Mabry says that churches are the largest owners of real estate in downtown Tyler, attracting more people downtown than any single business does.

Yemen's Parliament Investigating Handling of Qur'an Desecration Complaints

Yemen Post reported today that Yemen's Parliament has set up a special committee to investigate what procedures the Interior Ministry follows when it receives a report charging desecration of the Qur'an. The action comes after a group of private citizens took matters into their own hands when police did not respond to a complaint charging a man with tearing and stepping on a copy of the Qur'an. Last Tuesday, a group of private citizens gathered from a number of mosques after morning prayers and went to the house of the alleged offender where they broke in, burned the furniture inside as well as two cars parked at the house.

Cert. Petition Filed In Illinois "Choose Life" License Plate Case

A petition for certiorari was filed with the U.S. Supreme Court on Thursday in Choose Life Illinois, Inc. v. White. Yesterday's Christian Post reports that the petition for review was filed by the Thomas More Society after the 7th Circuit refused to grant en banc review in the case. A 3-judge panel of the 7th Circuit last November upheld Illinois' refusal to issue a special "Choose Life" license plate after after proponents obtained the requisite number of signatures requesting it. (See prior posting.)

UPDATE: Here is the full text of the petition for certiorari.

Justice Thomas On Religion and His Court Duties

Last Monday's New York Times reported on comments made by U.S. Supreme Court Justice Clarence Thomas at a dinner sponsored by the Bill of Rights Institute honoring winners of a high school essay contest. Answering questions submitted in advance in writing by students, at one point Thomas said:

how can you not reminisce about a childhood where you began each day with the Pledge of Allegiance as little kids lined up in the schoolyard and then marched in two by two with a flag and a crucifix in each classroom?

Asked how his religious faith influences his work on the court, he responded:

I think that it really gives content to the oath that you took. You say, "So help me God."... There are some cases that will drive you to your knees.... In those moments you ask for strength and wisdom to have the right answer and the courage to stand up for it. Beyond that, it would be illegitimate, I think, and a violation of my oath to incorporate my religious beliefs into the decision-making process.

[Thanks to Scott Mange for the lead.]

Coach Can Proceed With Discrimination Claim Against Jewish School

In Flynn v Rabbi Haskel Lookstein Middle School of Ramaz, (NY Sup. Ct., April 14, 2009), a New York state trial court held that Kevin Flynn, the former coordinator of athletics for a New York Jewish day school, stated a prima facie case of religious discrimination and could proceed to discovery. In the case, Flynn, one of only a handful of non-Jewish faculty at the school, says he was treated less favorably than Jewish faculty. The complaint alleges that an administrator referred to Flynn as having a "hot Irish temper," and that Flynn was the only faculty member required to attend anger management training. The complaint also alleges that discrimination was the underlying motivation for Flynn's eventual termination. The court however dismissed Flynn's claims for wrongful termination, defamation and various contractual claims.

Group Charges FBI Is Asking Muslims To Monitor Mosques

The Council of Islamic Organizations of Michigan has written Attorney General Eric Holder asking him to investigate complaints against the FBI. Reportedly agents are asking Muslims to give information on people attending mosques and the donations they make. Time reported yesterday that in particular, people with pending immigration issues are being approached by the FBI with offers of help in exchange for their monitoring mosques.

Georgetown Explains Covering of Religious Symbols For Obama's Speech

President Barack Obama delivered a speech (full text) at Georgetown University on Tuesday. According to The Hoya yesterday, the University has explained that: "In coordinating the logistical arrangements for the event, Georgetown honored the White House staff's request to cover all of the Georgetown University signage and symbols behind the Gaston Hall stage in order to accommodate a backdrop of American flags, consistent with other policy speeches." The "IHS" monogram-- a symbol of Jesus' name-- located directly behind the podium was covered with a piece of wood painted black.

An article in today's Philadelphia Evening Bulletin explains further that the drape placed at the rear of the stage was not high enough to fully cover the IHS and cross above the university seal, so, according to a University spokesman "it seemed most respectful to have them covered so as not to be seen out of context." However Patrick Reilly, president of The Cardinal Newman Society, said: "It is such a sad commentary that Catholic universities are willingly hiding the most visible signs of their Catholic identity when hosting secular leaders."

Oklahoma Passes Bill On Use of Historical Religious References In Classrooms

The Oklahoma state Senate on Wednesday passed by a vote of 40-7 a bill that had already been approved by the House (in an 88-5 vote) which will permit public schools to use religious references from a wide array of historical documents in classrooms and school events. HB 1756 lists 9 types of historical documents that may be utilized, including presidential speeches and published records of Congress. It then provides:

School districts shall not limit or restrain instruction in American or Oklahoma state history or heritage based on religious references in documents, writings, speeches, proclamations, or the materials described in subsection B of this section. These and any other materials shall be used for educational purposes only and not to establish or promote any religion.

Wednesday's Tulsa World, reporting on the Senate vote, quoted Sen. Clark Jolley, the Senate sponsor of the bill, who said it will allow teachers to discuss the religious context of historical documents like the Mayflower Compact and the Declaration of Independence. However Sen. Johnnie Crutchfield, who is also a teacher, said that the bill's passage was motivated by politics and is an "answer in search of a problem."

Conviction For Killing Unborn Child Does Not Violate Establishment Clause

Sanders v. State of Texas, (TX App., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. The Texas Penal Code prohibits intentionally and knowingly causing the death of any "individual", and defines "individual" as including "an unborn child at every stage of gestation from fertilization until birth." (Sec. 1.07). In affirming appellant's conviction, the Texas appellate court held that this definition of "individual" does not violate the Establishment Clause. It rejected appellant's argument that the definition amounted to an endorsement of religious groups that believe life begins at conception. The court said that the definition furthers the state's legitimate secular interest in protecting unborn children from the criminal act of others.

San Francisco College Changes Speaker Rules In Settlement of Jews for Jesus Case

A consent judgment (full text) has been issued in Jews for Jesus, Inc. v. City College of San Francisco, (ND CA, April 15, 2009). The settlement grew out of a lawsuit challenging the college's requirement that speakers and those handing out flyers obtain a permit. Plaintiff, an employee of Jews for Jesus, was arrested for repeatedly handing out literature on campus without a permit. The court had denied a preliminary injunction in the case in January, finding that rule changes made the 1st Amendment challenge moot. (Full text of decision). This week's settlement provides that the college will adopt those changes that apparently have already been made in its rules. They allow individuals to speak and distribute literature in designated areas by merely notifying the student activities office of their presence on campus. Yesterday's Christian Post , as well as an ADF release, report on the case.

Today Religion Clause Is 4 Years Old

Today is Religion Clause's 4th birthday. I want to thank all my long time readers and welcome those who have joined us more recently. I appreciate the leads that many of you e-mail to me and I apologize that I am not able to separately acknowledge each one. I do read them all and use as many as I can.

This month Religion Clause reached two milestones: it passed the 8,000 mark for the number of postings, and the site meter which records the number of visits since the blog began passed the half-million mark. Over 45% of those visits were recorded in the past 12 months.

With the change in Administrations in Washington, the flow of material for Religion Clause has not slowed. "Blog years" are even longer than "dog years." So I enter year 5 along with all of you, a bit older, hopefully a bit wiser, and with appreciation to you for making Religion Clause such a widely recognized source for objective information and primary source material on church-state and free exercise developments.