Creationist Institute Sues Texas Higher Ed Board Over Denial of Certification

The Institute for Creation Research has filed suit in a Texas federal court against the Texas Higher Education Coordinating Board charging that the state agency violated its civil rights by denying it a certificate of authority to offer a masters degree in science education. The Institute says it is "the only graduate school which specializes in creationism-informed science education." It argues that without its program: "The monopolistic realities of the science education market in Texas (and in America generally) would limit creationist learners to science education opportunities from evolutionist graduate schools." Today's Dallas Morning News reports that the Institute had previously been approved by California authorities to offer a degree program, but now needs Texas approval because it moved its offices from San Diego to Dallas in 2006. (See prior related posting.)

UPDATE: Here are links to the full complaint and related documents, thanks to a commenter.

Russian Orthodox Church Wants UN To Reocognize Problem of "Christianophobia"

Interfax reports today that the Russian Orthodox Church has asked this week's Durban Review Conference (World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance) being held in Geneva to add the notion of "Christianophobia" to the world's lexicon. Archpriest Georgy Ryabykh, deputy head of the Moscow Patriarchate Department for External Church Relations, says UN Secretary General Ban Ki-moon mentioned anti-Semitism and Islamophobia in his opening remarks at the Conference, but made no mention of insults to Christians and violation of their rights. (See prior related posting.)

NY Court Says Muslim Marriage Is Valid, Even Though Not Recognized In NJ

New York law recognizes a marriage celebrated in a religious ceremony as valid even if the parties do not obtain the required marriage license. (NY Dom. Rel. Law § 25). New Jersey, on the other hand, does not recognize a religious marriage as valid if the parties failed to obtain a marriage license. (N.J. Stat. § 37:1-10). In Matter of Farraj, (NY Sup. Ct., April 14, 2009), a New York trial court held that New York law would be applied to render a Muslim marriage performed in New Jersey valid, even though the parties did not obtain a marriage license. The ceremony was held in New Jersey only because Islamic law requires that the marriage take place at the home of the bride's eldest male relative-- here her brother. The groom and the officiating imam both traveled from New York for the ceremony. The couple went back to New York for the wedding reception and lived in New York from that time until the husband's death over four years later. The court relied on Restatement (Second) of Conflict of Laws Section 283 to hold that the law of the state with the most significant relationship to the parties and the marriage should govern to validate the marriage.

The court went on to rule that since the marriage was valid, petitioner, Rabaa M. Hanash, has standing as a surviving spouse to petition the court for an accounting of her deceased husband's estate. One of the deceased husband's adult children from a former marriage had contested Hanash's right to demand an accounting, arguing that she was never lawfully married to Daoud Farraj .

Cert. Denied In Challenge To Jury's Use of Bible In Deliberations

The U.S. Supreme court today denied certiorari in Oliver v. Quarterman, Docket No. 08-833). (Order List.) In the case, the U.S. 5th Circuit Court of Appeals held that a jury's use of the Bible during the sentencing phase in a murder case was improper, but was not shown to have influenced the jury's decision. (See prior posting.)

President's Faith Based Council Creates 6 Task Forces

The Washington Post today provides more information on what the President's Advisory Council on Faith-Based and Neighborhood Partnerships is doing. It has set up six task forces to advise the President. The task forces are on (1) reform of the faith-based office, (2) fatherhood, (3) U.S. economic recovery, (4) interreligious dialogue, (5) global poverty, and (6) the environment and climate change. One topic, however, has become too controversial for the task forces to handle. The question of whether faith-based groups that take government funds can use religious criteria in hiring has been removed from the task force on reform of the faith-based office and given over to the White House legal counsel and the Justice Department.

Islamists Demand Additional Concessions On Islamic Law In Pakistan

Last week, Pakistan's President Asif Ali Zardari signed the Nizam-e-Adl Regulation 2009, implementing Islamic law in the Malakand division of the Northwest Frontier Province. (See prior posting.) Under an arrangement with the Taliban, a special bench of the Peshawar High Court was to be set up, to be renamed Dar-ul-Quza (Qazi court), and a Sessions judge —to now be called Qazi — will hear cases with an Alim-e-Din (Quranic scholar) who will decide "religious technicalities." (See prior posting.) However the Washington Post reports on a speech yesterday to thousands, aired live on national television, by Sufi Muhammad, founder of banned militant organization Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM), that is pressing for far greater government concessions.

According to Pakistan's Daily Times, Sufi told the audience that Pakistan's superior courts are un-Islamic and could not hear appeals from decisions of qazi courts set up in Malakand. He demanded that the government withdraw all judges from the Malakand division within four days and set up a Darul Qaza to hear appeals from the new qazi courts. Sufi also told the crowd: "There is no room for democracy in Islam," and demanded appointment of Qazi courts throughout the Malakand division. The Washington Post comments that Sufi's speech, along with one Friday at the Red Mosque in Islamabad by radical cleric Abdul Aziz (see prior posting), "pose a direct, unprecedented religious challenge to modern state authority" in Pakistan.

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.