Mexican State Amends Constitution To Define "Person" As Including Fetus

In the Mexican state of Guanajuato last week, the State Legislature approved an amendment to the state's Constitution to define "persons" under the law as "all human beings from conception to natural death." According to CNA's report on the legislature's action, at least nine other Mexican states have adopted similar constitutional amendments. (See prior related posting.)

Pope In Israel Finds Himself In Midst of Controversy

During the first day on the Israel leg of his Middle East trip, Pope Benedict XVI finds himself in the midst of political controversy. He delivered an address (full text) during his visit to Yad Vashem, the memorial to victims of the Holocaust. While Zenit described The Pope's remarks as "a moving address" that focused on the importance of remembering the names of Holocaust victims, Haaretz reported on some who were critical of the speech:

The chairman of the Yad Vashem Directorate, Avner Shalev, said he expected the pope, "who is a human being, too," to draw on his personal experience to issue a stronger condemnation of Nazis and Germans, who were not directly mentioned in the speech. The pope grew up in Nazi Germany and served in both Hitler Youth and the Wehrmacht, before deserting from the army in 1944. Shalev, however, said the speech was "important," especially in its criticism of denial of the Holocaust....

The chairman of Yad Vashem, Rabbi Yisrael Meir Lau, himself a Holocaust survivor, complained of the pope's usage of the word "millions" instead of the more specific "6 million" when speaking of the Holocaust's Jewish victims, as well as over his use of the word "killed" rather than "murdered."

The Pope's remarks included a plea that Holocaust victims' suffering "never be denied, belittled or forgotten!" Sky News points out the importance of this statement, since in recent months the Pope has been strongly criticized for lifting the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson. (See prior posting.)

Later in the day, the Pope spoke to leaders of interreligious dialogue efforts in a meeting at the Notre Dame Center in Jerusalem. (Full text of remarks.) At the end of the meeting, Sheikh Taysir al-Tamimi, the head of the Sharia religious courts in the West Bank and Gaza, delivered an unscheduled speech, lashing out at Israeli policy and insisting that Jerusalem was "the eternal political, national and spiritual capital of Palestine." Haaretz and the Financial Times report that the speech, delivered in Arabic, did not have simultaneous translation. The conference, as scheduled, broke up immediately after al-Tamimi's speech, and the Pope, when informed of the nature of al-Tamimi's remarks, left the conference hall with his entourage.

Appeal To DC Circuit Filed In Case Upholding Part of National Park Speech Permit Regs

On Monday, a Notice of Appeal to the Court of Appeals for the District of Columbia was filed in Boardley v. Department of Interior. In the case, the D.C. federal district court in a March 17, 2009 opinion (full text) held that a portion of national park regulations are invalid. The suit, brought by an individual who wanted to hand out gospel tracts at the Mt. Rushmore National Memorial challenged the constitutionality of 36 CFR 2.51 and 2.52 which authorize park superintendents to designate locations and require a permit for: "[p]ublic assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views" and for the "sale or distribution of printed matter." The court held that the application of the regulation to "public assemblies" is a facially invalid prior restraint on speech. It delegates overly broad discretion to administrative officials. However the court upheld the remainder of the regulations. A release yesterday by Alliance Defense Fund announced the filing of the appeal challenging the court's upholding of parts of the regulations requiring an advance permit. (See prior related posting.)

Oklahoma House Resolution Opposes U.N. Convention on Rights of the Child

Yesterday the Oklahoma House of Representatives passed 61-28 and sent on to the state Senate House Concurrent Resolution 1033 (full text Word doc). The resolution "condemns the United Nations Convention on the Rights of the Child and urges the United States Senate to reject its ratification." As Religious Dispatches reported last week, concern that the U.S. might ratify the treaty has become the focus of much activity by conservative Christian groups who claim that the Convention would prevent parents from disciplining their children, from forcing them to go to church and would stop them from preventing their daughters from having abortions. Conservatives began to focus on the treaty after Barack Obama, during the Presidential campaign, said it was embarrassing that only the U.S. and Somalia have failed to ratify the 1989 treaty. Supporters of the treaty say that no country which has ratified it has experienced interference with parental rights from its provisions.

Zoning Challenge Filed By Illinois Jewish Day School

According to today's Evanston (IL) Review, an Orthodox Jewish organization filed suit in state court yesterday challenging the city of Evanston's denial of a special use permit to allow use of a former warehouse building as a Jewish day school. The group, Joan Dachs Bais Yaakov-Tiferes Tzvi, is challenging zoning regulations that allow "religious institutions and religious membership organizations" in the area, but exclude "religious educational institutions." The city, in denying the permit, expressed concerned about loss of property taxes. The complaint in the lawsuit alleges the zoning denial was arbitrary and unreasonable and that it violates the group's constitutionally protected speech and free exercise rights.

BBC Appoints Muslim As Head of Religious Programming

Despite the concern that has been expressed by some Christians in Britain, the BBC yesterday appointed Aaqil Ahmed to be head of all the broadcasters' religious programming. Ahmed is an experienced broadcasting executive. The London Mail says that the appointment for the first time places a Muslim in one of the most influential religious roles in the country.

Quebec Court Awards Damages To Raelians For Invasion of Privacy By Press

Yesterday's National Post reports on a decision by the Court of Quebec awarding $9000 in damages to two members of the Raelian movement who say their privacy was infringed by the undercover activities of a Sun Media Corp. reporter who infiltrated the sect. The two plaintiffs (a psychologist and a contractor) claim that they suffered injuries from their exposure as high-ranking Raelians. The lengthy decision in ville A (Québec) v. Corporation Sun Media, (Ct. of Que., March 31, 2009) (full text in French) (unofficial English translation) balances privacy rights with free press concerns. Describing the Raelian movement, the court says:

Rael, born in France, believes he is the result of the union between an Eloha, a member of an extra-terrestrial family, the Elohim, and a woman from Earth, and that after having received the good message from these which manifested themselves to him early in his adult life, he gave himself the mission to prepare the Elohim’s return on Earth and to create favourable conditions for humans of the Earth for them to give us eternal life.

The Raelian movement issued its own press release on the decision.

Privy Council Holds Trinidad & Tobago's Trinity Cross Unconstitutional

Great Britain's Privy Council Judicial Committee hears appeals of certain cases decided by Trinidad and Tobago's Court of Appeal. (Background.) In Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc. v. The Attorney General of Trinidad and Tobago, (Privy Council, April 28, 2009) [Word doc), the Privy Council held that Trinidad and Tobago's Trinity Cross of the Order of Trinity, the country's highest award for meritorious service or gallantry, is unconstitutional under Trinidad and Tobago's Constitution as "an infringement of the rights and freedoms of members of the Hindu and Muslim communities in Trinidad and Tobago."

The decision reverses a 2007 judgement of the Trinidad and Tobago Court of Appeal holding that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. (See prior posting.) The Privy Council concluded that the Letters Patent issued by the Crown is not the type of enactment or law that is protected against scrutiny under Trinidad and Tobago's Constitution. However the Privy Council also held that its judgment does not retroactively invalidate past awards of the Trinity Cross. Lord Mance issued a concurring judgment offering an alternative rationale for finding the award unconstitutional.

The Privy Council agreed to decide the case even though in 2008 Trinidad and Tobago changed the name of the award to The Order of the Republic of Trinidad and Tobago, changed the name of Order of the Trinity to The Distinguished Society of Trinidad and Tobago, and replaced the Cross with a Medal. Friday's London Times reported on the Privy Council decision.

Indiana Atheist Group Sues Over Rejection of Bus Ad

The Indiana Atheist Bus Campaign (IABC) was organized to eliminate the stigma of atheism. Building on campaigns in Canada and the UK, its goal was to place ads promoting its views on city busses. However the Bloomington (IN) public transit system rejected IABC's ad, which read "You Can Be Good Without God." The company based its refusal on the transit system's policy that excludes controversial public service announcements or ads on controversial public issues. (Atheist Bus Campaign press release.) On May 5, the ACLU, on behalf of IABC, filed a federal lawsuit challenging the transit company's ad policy as unconstitutionally vague and overbroad. The complaint (full text) in Indiana Atheist Bus Campaign v. Bloomington Public Transportation Corp., (SD IN, filed 5/5/09) seeks a declaratory judgment and an injunction. An ACLU May 7 press release (Word.doc) as well as IndyChannel on Friday reported on the lawsuit. IABC announced today that, in contrast to Bloomington, the Transpo bus system in South Bend (IN) will run their ad.

Yemen Begins Study of Religious School Curriculum; Plans Mosque Database

Yemen's Ministry of Endowment and Guidance has begun a review of the curriculum at the over 4,500 religious schools in the country. It plans to revise the curriculum where it is not compatible with Islamic teachings and to close schools that promote terrorism. Yesterday's Yemen Post reports that the Ministry is attempting to encourage moderate interpretations of Islam by preachers in mosques and is planning a nationwide database of mosques and those who preach and work in them. In an attempt to improve living conditions of mosque preachers, the Ministry is paying some 6,000 of them a monthly bonus equivalent to $50(US).

British Sikhs On Police Force Want Bulletproof Turbans

BBC News reported last Friday that in Britain, the newly-formed British Sikh Police Association is pressing for more research to develop a bullet-proof turban. Currently Sikhs on the police force cannot serve as firearms officers because regulations would require them to wear a helmet which does not fit over a turban. Research is underway to find bulletproof material that could be used to make turbans.

Malaysia Looks To Expand Its Islamic Finance Industry

Bloomberg reports today that Malaysia is taking several steps to expand the international reach of its Islamic banking industry. It is attempting to attract a large international bank that would provide services that comply with shariah law. Also, last month Malaysia's central bank raised the percentage of foreign ownership permitted in local Islamic banks. In addition, the government is considering a new issuance of $1 billion in global Islamic bonds. Malaysia’s government successfully raised $600 million in 2002 through the sale overseas of sukuk (Shariah-compliant bonds).

Recent Articles and Books of Interest

From SSRN:

• Richard W. Garnett, Judicial Enforcement of the Establishment Clause, (Constitutional Commentary, Forthcoming).
• Abner Greene, Three Theories of Religious Equality...and of Exemptions, (Texas Law Review, Vol. 87, No. 963, 2009).
• Simon Butt, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts, (in Indonesia: Law and Society, T. Lindsey, ed., Federation Press, 2008).
• Thomas Charles Berg, Religious-School Financing and Educational Pluralism in the American Tradition, (Rivista Antonianum, 2009).
• Gregory A. Kalscheur, Conscience and Citizenship: The Primacy of Conscience for Catholics in Public Life, (Journal of Catholic Social Thought, Vol. 6, No. 2, Summer 2009).
• Jessica Knouse, From Identity Politics to Ideology Politics, (Utah Law Review, Forthcoming).
• Michael Kent Curtis, Be Careful What You Wish For: Gays, Dueling High School T-Shirts, and the Perils of Suppression, (Wake Forest Law Review, Forthcoming).
• Nelson Tebbe, Excluding Religion: A Reply, (University of Pennsylvania Law Review, Vol. 157, 2009).

From Bepress:

• Rahma Hersi, A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems, (Cornell Law School Graduate Student Papers Series, Paper 29, April 2009).

From SmartCILP:

• Kyle Duncan, Misunderstanding Freedom from Religion: Two Cents on Madison's Three Pence, 9 Nevada Law Journal 32-62 (2008).
• Gene R. Nichol, Establishing Inequality, (Reviewing Martha C. Nussbaum, Liberty of Conscience: In Defense of America's Tradition of Religious Equality.) 107 Michigan Law Review 913-930 (2009).
• Bishop Thomas J.Paprocki, Address. Annual Meeting of the National Diocesan Attorneys Association, As the Pendulum Swings from Charitable Immunity to Bankruptcy, Bringing It to Rest with Charitable Viability, 48 Journal of Catholic Legal Studies 1-18 (2009).
• Joshua Foster, Prophets, Cartoons, and Legal Norms: Rethinking the United Nations Defamation of Religion Provisions, 48 Journal of Catholic Legal Studies 19-57 (2009).
• Harry G. Hutchison, Work, the Social Question, Progress and the Common Good? (Reviewing Recovering Self-Evident Truths: Catholic Perspectives on American Law, edited by Michael A. Scaperlanda and Teresa Stanton Collett), 48 Journal of Catholic Legal Studies 59-116 (2009).

Recent Books:

• Daniel O Conkle, Constitutional Law: The Religion Clauses, Second Edition, (Foundation Press, 2009), excerpts on SSRN.
• Steven P. Miller, Billy Graham and the Rise of the Republican South, (Univ. of Pennsylvania Press, March 2009), reviewed in the New York Times.

Paper Questions Governmental Structure of Ave Maria, Florida

Beginning this week end, the Naples (FL) Daily News is running a lengthy 3-part investigative series titled Ave Maria: A Town Without a Vote. According to the article, when legislation creating the new town surrounding Catholic Ave Maria University was enacted, it also contained unusual provisions giving ongoing control to the town's founder, former Domino Pizza owner Tom Monaghan, and and to local landowner Barron Collier Cos. The paper reports: "The law makes landowners, not registered voters, the ultimate authority in Ave Maria. The law ensures Monaghan and Barron Collier Cos., as the largest landowners, can control Ave Maria’s government forever." The web page linking to the series also contains links to numerous primary source documents relating to the governmental structure of the town, and to its legality. [Thanks to Liam Dillon for the lead.]

In Kuwait, Islamists Challenge Women Candidates For Parliament

According to AFP, 19 women are running in Kuwait's May 16 Parliamentary elections-- all hoping to become the first women in Parliament. However at least one Islamic group has issued a fatwa declaring that voting for women candidates violates Islamic law. One of the leading women contenders is Aseel al-Awadhi. According to the Arab Times last week, the Thawabit Al-Ummah bloc has filed a lawsuit against her charging her with sacrilege. It claims she challenges the Islamic religion and has raised doubts about women wearing the hijab. The group wants an apology from those women who have questioned the hijab.

Recent Prisoner Free Exercise Cases

In Moriarty v. Rendell, 2009 U.S. Dist. LEXIS 37043 (MD PA, May 1, 2009), a Pennsylvania federal magistrate judge refused to grant a temporary restraining order against prison officials who insist that plaintiff, as a condition of parole, attend a religious-based 12-step alcohol abuse treatment program. The court concluded that plaintiff had not suffered the irreparable harm required for injunctive relief.

In Dawson v. Burnette, 2009 U.S. Dist. LEXIS 37729 (WD MI, May 4, 2009), a Michigan federal district judge adopted a magistrate's recommendations that a Buddhist prisoner be permitted to proceed with his 1st Amendment damage claim alleging that he was denied a vegan diet, but that his claims under RLUIPA be dismissed and his claims for declaratory and injunctive relief be dismissed as moot.

In Mitchell v. Hamlet, 2009 U.S. Dist. LEXIS 37567 (ND CA, April 15, 2009), in a screening hearing, the court permitted plaintiff to proceed with his claims that he was denied a Halal diet, the ability to wear a beard, the ability to group-worship, the ability to use earned time to attend prayer services, and that he was limited to a single vendor in purchasing religious items. He also claims he was limited in the amount of prayer oils that he can order, and that no Muslim chaplain or large prayer rug is available to Muslim inmates.

In Boyd v. McGuire, 2009 U.S. Dist. LEXIS 38026 (D NJ, May 5, 2009), a New Jersey federal district court permitted a Muslim jail inmate to proceed with his equal protection claim that Muslim prisoners receive only a vegetarian diet, while Jewish prisoners receive a kosher diet that includes meat. The court dismissed his 1st Amendment claim, but with leave to amend and refile. It also dismissed his claim for prospective injunctive relief because he was about to be transferred to a different facility.

In Davis v. Hawaii, 2009 U.S. Dist. LEXIS 38091 (D HI, May 4, 2009), a Hawaii federal magistrate judge transferred venue to Arizona in a case alleging that a Hawaii prisoner incarcerated in Arizona was prevented him from practicing his Native Hawaiian religion.

Obama Will Address Muslim World From Egypt June 4

Yesterday's Haaretz reports that President Obama will deliver an important speech on U.S. relations with the Muslim world in Egypt on June 4. During the presidential campaign, Obama promised that early in his presidency, he would deliver a major address to Muslims from a Muslim capital. The speech was announced at Friday's White House press briefing (full text), and led to this exchange between a reporter and Press Secretary Robert Gibbs:

Q: ... there are a lot of Muslims who look at the leadership of Egypt warily and consider it to be exactly the problem with leaders in the Muslim world.... Is it not possible that this is a bad selection?

MR. GIBBS: No. I think, as I mentioned earlier, ... in many ways, this is the heart of Arab world. And ... this isn't a speech to leaders. This is a speech to many, many people and a continuing effort by this President and this White House to demonstrate how we can work together to ensure the safety and security and the future well-being, through hope and opportunity, of the children of this country and of the Muslim world....

British Muslim Police Chef Objects To Requirement He Cook Pork

Abu Dhabi's The National reported yesterday on a case about to be heard by an employement tribunal in Britain. In London, Hasanali Khoja, a Muslim, is charging the Metropolitan Police Department with religious discrimination. Originally hired as a catering manager, Khoja's duties did not involve actually cooking food. However when he was transferred to police headquarters in west London, he was expected to cook pork products, and when he refused he was placed on paid special leave for a year. His law suit claims that his religious beliefs should have been accommodated. The only accommodation his west London supervisor suggested was that he wear gloves while handling the pork products. Right wing political parties such as the British National Party have seized on this case to object to "the madness of multiculturalism."

Pope, In Jordan, Speaks On Manipulation of Religion

On the first leg of his trip to the Middle East, Pope Benedict XVI today was in Jordan. Both Zenit and the New York Times report on his interesting speech regarding ideological manipulation of religion delivered to Muslim religious leaders after his visit to the King Hussein bin Talal Mosque and the adjacent Hashemite Museum. In his remarks (full text), he said in part:

Certainly, the contradiction of tensions and divisions between the followers of different religious traditions, sadly, cannot be denied. However, is it not also the case that often it is the ideological manipulation of religion, sometimes for political ends, that is the real catalyst for tension and division, and at times even violence in society? In the face of this situation, where the opponents of religion seek not simply to silence its voice but to replace it with their own, the need for believers to be true to their principles and beliefs is felt all the more keenly. Muslims and Christians, precisely because of the burden of our common history so often marked by misunderstanding, must today strive to be known and recognized as worshippers of God faithful to prayer ... and ever mindful of the common origin and dignity of all human persons...The resolve of Jordanian educators and religious and civic leaders to ensure that the public face of religion reflects its true nature is praiseworthy.

Obama Compromises On End To D.C. School Vouchers

In the Omnibus Appropriations Act passed by Congress in March and signed by the President, Congress effectively eliminated the controversial D.C. Opportunity Scholarship school voucher program after next year. Over half of the students receiving vouchers attend religious-- mostly Roman Catholic-- schools. (See prior posting.) The Washington Post reported on Thursday, however, that President Obama is now supporting a compromise with supporters of the voucher program. He will ask Congress to appropriate funds so that all 1,716 children currently in the District's voucher program will continue receiving grants until they graduate high school. However no new participants will be added. Sunday's Washington Post carries assessments from 15 political and education experts on Obama's decision.