Non-Muslims In Northwest Pakistan Dislocated By Taliban

While the press has focused extensively on demands of Islamists in Pakistan's North West Frontier Province for the institution of Sharia law (see prior posting), less attention has been given to the plight of non-Muslim minority religions in the area. Dawn, however, reported yesterday on the visit of Federal Minister for Minorities Affairs Shahbaz Bhatti to 128 displaced Sikh families who have taken refuge Gurdwara Panja Sahib in the town of Hasan Abdal. Addressing a press conference, Bhatti said: "The present government believes in the principles of tolerance, human equality and peaceful co-existence." He condemned the demand by local Taliban elements that non-Muslim minorities pay a Jizya (tax), and announced a relief package for non-Muslim families who have been dislocated in Swat, Buner and Orakzai Agency.

HUD Swears In Assistant Secretary For Fair Housing

The U.S. Department of Housing and Urban Development announced that John Trasviña was sworn in Monday as Assistant Secretary for Fair Housing and Equal Opportunity. In that position, he heads the office that is responsible for enforcing federal laws assuring equal access to housing, including the Fair Housing Act that bars religious discrimination in the sale, renal and financing of residential housing. Trasviña previously served as President and General Counsel of the Mexican American Legal Defense and Educational Fund. HUD also swore in two other officials on Monday: the General Counsel, and the Assistant Secretary for Congressional and Intergovernmental Affairs.

UN Special Rapporteur Evaluates Religious Freedom In Serbia

Yesterday, United Nations Special Rapporteur on freedom of religion or belief, Asma Jahangir, completed a six-day visit to Serbia. UN News Centre reports that Jahangir gave a mixed review to developments in the country. She praised the situation in a number of smaller municipalities that are multi-ethnic, multi-religious and multi-linguistic, and which seem to enjoy an atmosphere of religious tolerance. However, she criticized a 2006 religion law that requires registration of churches and religious communities, and which distinguishes between traditional and non-traditional religions. (See prior posting.) Jahangir will present her findings to the U.N. Human Rights Council next year.

Cert. Petition To Be Filed In Episcopal Church Property Dispute

Yesterday, St. James Anglican Church in Newport Beach, CA announced that it will file a petition for certiorari to seek U.S. Supreme Court review of the California Supreme Court's decision in the Episcopal Church Cases. In the case, the California high court held that the building and property of St. James Parish belongs to the Episcopal Church, not the parish, once the parish broke away and affiliated with the more conservative Anglican Church of Uganda. (See prior posting.) Apparently the major issue that will be raised by St. James is the validity of California's statutory provision permitting a trust to be imposed on assets of a religious corporation by the governing instruments of a general church of which the corporation is a member. (Cal. Corp. Code Sec. 9142.)

UPDATE: Here is the petition for certiorari that was filed on June 24, 2009.

Compliance, Or Not, With Religious Customs Relevant To Suicide Finding

In Green v. William Penn Life Insurance Company of New York, (NY Ct. App., May 5, 2009), New York's high court upheld a trial court's conclusion that Alan Green had committed suicide and his widow was not entitled to receive the proceeds of a half-million life insurance policy. The policy provided that if the insured died by suicide within 2 years of issuance of the policy, the only death benefit would be the premiums paid. The high court said that the presumption against suicide requires the fact finder to conclude that suicide was highly probable. It does not preclude such a finding merely because there is also evidence that would support a contrary finding. Among the evidence cited by the court was the fact that Green's widow "refused to permit an autopsy or a toxicological examination of his body, saying that such intrusions were forbidden by Jewish religious law, but she ordered the body cremated in violation of that religious prohibition." [Thanks to Y.Y. Landa for the lead.]

Al Jazeera Video Shows U.S. Soldiers Who Want To Proselytize In Afghanistan

Al Jazeera yesterday reports on a video, filmed a year ago, showing evangelical Christian soldiers at Bagram air base in Afghanistan with Bibles printed in Pashto and Dari that they hoped to distribute to local residents. The Bibles were sent to a serviceman by his church in the U.S., according to AlterNet. Apparently none were actually distributed. In the video, Lieutenant-Colonel Gary Hensley, chief of the U.S. military chaplains in Afghanistan, tells soldiers: "The special forces guys -- they hunt men basically. We do the same things as Christians, we hunt people for Jesus. We do, we hunt them down."

While General Order No. 1 issued by the U.S. military's central command specifically bans "proselytising of any religion, faith or practice, "Sergeant Jon Watt tells a group of soldiers: "you can't proselytise, but you can give gifts." In a second report today, Al Jazeera says that the U.S. military has confiscated the Bibles and reprimanded the soldiers who appear in the video. Col. Greg Julian told Al Jazeera: "Most of this is taken out of context ... this is irresponsible and inappropriate journalism.... There is no effort to go out and proselytise to Afghans." [Thanks to Scott Mange for the lead.]

French Trial of Gang Members Accused of Anti-Semitic Torture Is Closed To Press

In France, a court has made the controversial decision to bar journalists from the trial of gang members accused of kidnapping and torturing to death a 23-year-old French Jew, Ilan Halimi. (Background.) A report yesterday by JTA says that Halimi's family and the French Jewish community want the trial opened in order to raise awareness of anti-Semitism in France. However, because two of the 27 defendants were juveniles in 2006 when the crimes were committed, French law permits the trial to be closed. Apparently members of the Barbarians gang targeted Halimi because they believed Jews would be worth a large ransom. One of the questions in the trial of the gang's leader, Youssour Fofna, is whether this constitutes a crime based on Halimi's religion or ethnicity. Author Alexandre Lévy says: "Politically it's very delicate in France to be the first to talk about anti-Semitism. It's like the nuclear button."

"Joe the Plumber" Gives His Views on Religion and Politics

Monday's Christianity Today carries an interview with Samuel Wurzelbacher , who became known as "Joe the Plumber"-- the symbol of the average American-- in the 2008 Presidential campaign. Wurzelbacher answers questions regarding his Christian faith and his view of the future of the Republican Party. After saying that "the Founding Fathers based the Constitution off of Christian values," Wurzelbacher opines that the Republican Party is not reaching out enough to evangelicals. His favorite Christian leader is James Dobson. He says: "When politicians start talking about being a Christian, I just worry, because a lot of them don't really follow through.... I would love to hear our leaders actually check with God before he does stuff." On whether he plans to run for political office: "Not right now. God hasn't said, 'Joe, I want you to run.'"

New Website On "Islamic Lawfare"

The Middle East Forum today announced the launch of a new website, The Legal Project. The website features primary source material and analysis on "Islamic lawfare," described as:

attempts by supporters of radical Islam to suppress free discourse on Islam and terrorism by (1) exploiting Western legal systems and traditions and (2) recruiting state actors and international organizations such as the United Nations.

I have added the website to the "Resources" section of the Religion Clause sidebar.

Turkish Author Tried In Abstentia For Insulting Religious Values

AFP today reports that in Istanbul, Turkish author Nedim Gursel goes on trial in abstentia charged under Art. 216 of the Turkish Penal Code with insulting the religious values of the people. The charges grow out of Gursel's novel "The Daughters of Allah." Gursel currently lives in France. Hurriyet reports that a Religious Affairs Directorate committee concluded that the book "was insulting and sarcastic, humiliating Allah, its prophets, divine religions, worshipping, holy books and religious principles. This cannot be explained in the scope of freedom of thought or criticism."

Leaders In Hungary Propose Ban on Holocaust Denial and Hate Speech

In Hungary, Ildiko Lendvai, leader of the governing Socialist Party, told a May Day celebration last Friday that her party plans to propose a constitutional amendment to ban Holocaust denial and hate speech. MTI reports that the move follows a Holocaust denial demonstration held in Budapest two weeks ago by right-wing organizations including the Magyar Garda Movement.

Claims By Chuch Founder Against City Employees Dismissed

In Kovalev v. City of Philadelphia, (ED PA, April 29, 2009), a Pennsylvania federal district court dismissed a series of constitutional claims brought by Sergei Kovalev against the city and several city employees challenging inspection attempts and the refusal of a building permit for a small additional structure on property that contained his home as well as operations of his "International Church of Eternal Revival ." In the lawsuit, filed pro se, Kovalev claimed the inspection was instigated by a state senator whose office was nearby and that he is a victim of discrimination because he is a foreign born U.S. citizen from Eastern Europe. He says any construction was "done in an act of worship to God." The court found a lack of evidence to support his 1st, 4th and 14th Amendment claims and held that individual defendants had qualified immunity.

Cert. Denied In Challenge To Marijuana Laws

The U.S. Supreme Court today denied certiorari in Olsen v. Holder, (Docket No. 08-777) (Order List.) In the case (captioned below as Olsen v. Mukasey) the U.S. 8th Circuit Court of Appeals held that plaintiff's attempt to enjoin enforcement against him of the federal and Iowa's controlled substances acts should be dismissed. Plaintiff, a member of the Ethiopian Zion Coptic Church, uses marijuana for sacramental purposes. (See prior posting.) Meanwhile, in a different approach, plaintiff has attempted in both state and federal forums to require marijuana to be removed as a Schedule I controlled substance now that a number of states recognize its legitimacy for medical use. The attempts have met varying degrees of success. (See prior posting.)

Controversy Continues Over UNLV's Proposed Policy On Bias Incidents

At the University of Nevada Las Vegas, faculty concern continues over the University's proposed Policy on Bias Incidents and Hate Crimes. The draft defines a "bias incidents" as:

verbal, written, or physical acts of intimidation, coercion, interference, frivolous claims, discrimination, and sexual or other harassment motivated, in whole or in part, by bias based on actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution.... Bias incidents do not include statements made on controversial issues that serve to promote intellectual inquiry into those issues. While such statements and related discussion can cause feelings of discomfort, a "reasonable person" can and must differentiate these statements from bias incidents.

The draft encourages reporting of bias incidents to UNLV police. After the ACLU of Nevada criticized the draft as an unconstitutional infringement on free speech, Nevada's chancellor of public higher education called for the policy to be rewritten. (Las Vegas Sun, 4/27). But now faculty are concerned that UNLV President David Ashley chose Christine Clark, the vice president of diversity and inclusion, to head a task force to review the draft. She helped develop the initial draft, and critics say she ignored their concerns at that time. (Las Vegas Sun, 5/4). The policy was drafted in response to a call by the state Board of Regents last year for all state schools to develop policies on bias incidents. (Las Vegas Sun, 4/25.)

Pakistan Islamists Reject Sharia Court Set Up By Government In Peace Deal

Last month, the government of Pakistan entered an agreement with Taliban insurgents to set up Islamic courts in the Malakand Division of the North West Frontier Province in order to end fighting there. (See prior posting.) Voice of America reports that on Saturday, Pakistani authorities implemented the agreement by setting up an Islamic appellate court and appointing two senior judges to it. However Sufi Mohammad who mediated the agreement rejected the announcement saying that the government is not competent to appoint Islamic judges without first consulting him as senior cleric. He also said the government's ongoing offensive against the Taliban was to have been halted before the court was set up. Taliban say they will not lay down their arms until those conditions are met. The government says that private individuals cannot be involved in process of appointing judges.

Pope Travels To Jordan, Israel, West Bank At End of This Week

Pope Benedict XVI will be visiting the Middle East beginning the end of this week. He will be in Jordan from May 8 to 11. (Tidings Online.) Then he moves on to visit Israel and the West Bank from May 11 to 15, . The Israel Ministry of Tourism has set up a website with information about this portion of the Pontiff's trip. The website includes Benedict's itinerary and presumably will be updated with reports during his trip. The Forward last week previewed the visit in an article titled Pope's Visit to Israel Fraught With Potential Minefields. And Politics Daily today has a lengthy review of the religious, political and personal issues that confront the Pope on the trip. Meanwhile Zenit yesterday reported that the Pope will deliver 29 discourses and homilies during his week in the Middle East, and will meet with both government officials and representatives of Christianity, Islam and Judaism.

Recent Articles and Books of Interest

From SSRN:

• Jessie Hill, Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time, (Duke Law Journal, Vol. 59, January 2010).


• Caroline Mala Corbin, The First Amendment Right Against Compelled Listening, (Boston University Law Review, Vol. 89, 2009).

From SmartCILP and elsewhere:

• Mohamed R. Hassanien, International Law Fights Terrorism in the Muslim World: A Middle Eastern Perspective, 36 Denver Journal of International Law & Policy 221-253 (2008).


• Frank Ravitch, Playing the Proof Game: Intelligent Design and the Law, 113 Penn State Law Review 841-897 (2009).


• Mark Strasser, The Protection and Alienation of Religious Minorities: On the Evolution of the Endorsement Test, 2008 Michigan State Law Review 667-724.


• Symposium--First Amendment Rights in America's Public Schools: From the Schoolhouse Gate to the Courthouse Steps. Welcoming remarks by Rex R. Perschbacher and Alan Brownstein; articles by Vikram David Amer, Kenneth Starr, R. George Wright, Alan Brownstein, Erwin Chemerinsky, Steven K. Green, Joan W. Howarth, Melissa Rogers and Steven D. Smith. 42 UC Davis Law Review 631-1057 (2009).


• Symposium: Islam, Democracy, and Nation Building. Articles by Joseph N. Kickasola, John H. Johns, Stephen Schwartz, Mehrangiz Kar, Thomas Najjar and Jennifer Jefferis; note by Eva M. Robinson. 6 Regent Journal of International Law 271-499 (2008).


• Brian Leiter, Why Tolerate Religion?, 25 Constitutional Commentary 1-27 (2008).

New Books:

• John Witte, The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered, (Cambridge Univ. Press, April 2009), reviewed by the Center for the Study of Law and Religion.


• T. Jeremy Gunn, Spiritual Weapons: The Cold War and the Forging of an American National Religion, (Praeger Publishers, Dec. 2008), reviewed by the Center for the Study of Law and Religion.

Q&A on Hate Crimes Bill Seeks To Reassure Religious Leaders

Third Way has recently issued a memo titled Questions and Answers about the Hate Crimes Bill for People of Faith. It attempts to alleviate concerns raised particularly by conservative Christian groups about religious freedom and the Hate Crimes Prevention Act that has recently passed the House. (See prior posting). The memo concludes that pastors could not be prosecuted under the bill for preaching that homosexuality is an abomination, or saying that gay people will go to hell. It points to specific language in the bill, language of the House Report and the special role of the 1st Amendment. The memo also points out that the bill expands protection against religiously motivated hate crimes:

Current federal law only protects against hate crimes based on
religion if the person was targeted because they were engaged in a federally protected activity like voting or going to school. The legislation under consideration by Congress would remove that limitation.

[Thanks to Michael Lieberman for the lead.]

5th Circuit: Prison's Rules On Buddhist Services May Violate RLUIPA

In Newby v. Quarterman, (5th Cir., April 30, 2009), the U.S. 5th Circuit Court of Appeals upheld a Buddhist inmate's challenge to Texas prison rules that require religious services in his prison unit to be conducted by either a chaplain or an approved religious volunteer. There were no approved religious volunteers for Buddhist ceremonies, and the regular chaplain refused to conduct Buddhist ceremonies because he is unfamiliar with Buddhist religious practices and was occupied by other obligations. Ruling on plaintiff's claim under RLUIPA, the court held that there is a reasonable basis for a fact finder to conclude that the outside-volunteer policy creates a substantial burden on plaintiff's free exercise and that Texas has not furthered its interest in prison safety and security through the least restrictive means. The court also reversed the district court's dismissal of plaintiff's free exercise and equal protection challenges to the prison's outside-volunteer policy.

1st Amendment Challenge To Termination of Parental Rights Dismissed

In Haines v. New Hampshire Department of Health and Human Services, 2009 U.S. Dist. LEXIS 36331 (D NH, April 28, 2009), a New Hampshire federal magistrate judge held that the Rooker-Feldman doctrine deprives the federal court of jurisdiction to review a state court's termination of a mother's parental rights and rulings on visitation. She raised 1st Amendment objections to the state's order, saying that the state court's rulings were based on her religious objection to undergoing a mental health evaluation that was based on principles of secular psychology or psychiatry.