Taliban Terrorize Peshwar, Pakistan In Drive Against Un-Islamic Activities

Today's Wall Street Journal reports from Peshawar, Pakistan on a terror campaign by the Taliban on businesses they consider "un-Islamic." They have already used car bombs to destroy an Internet cafe, women's clothing stalls, and have threatened a video store. Taliban have also bombed girls' schools and Sufi religious shrines. The Journal reports further that while the Taliban are unlikely to seize Peshwar, the capital of Pakistan's North West Frontier Province:

through a campaign of bombings, kidnappings and murders, the militants are increasingly imposing on Peshawar the rigid religious restrictions that are already enforced in Swat, Waziristan, and other northwestern areas that have succumbed to Taliban control. Such "Talibanization" is a grim setback for a storied city that braced itself for revival when a secular Pashtun nationalist movement, the Awami National Party, won provincial elections last year, ousting a coalition of religious parties.

Court Dismisses Religious Group's Challenge To Support Order

In Christ's Household of Faith v. Ramsey County, (D MN, May 18, 2009), a Minnesota federal district court dismissed a number of federal challenges to a state court's order that a religious group, Christ's Household of Faith, as a "payor of funds" send child support and spousal maintenance payments (including arrearages) to the Ramsey County (MN) Department of Community Services for Patricia Rooney who had been awarded the amounts in her divorce proceeding. Michael Rooney, Patricia's former husband who had originally been ordered to pay the amounts, was a member of Household of Faith whose members give up most of their property, live communally and merely receive a small stipend of less than $100 per month. In the 20 years since the Rooneys divorce, the parties have been involved in numerous lawsuits challenging state determinations of the value of Michael's services to CHOF and CHOF's liability to pay the child support owed by Michael. The court dismissed the challenges under the Rooker-Feldman doctrine that calls for dismissal of cases in which federal district courts are called on to review and reject a state court judgment. Yesterday's Minneapolis Star-Tribune reports on the decision.

Iran's Guardians Council Approves 4 Presidential Candidates

In Iran, the country's 12-member Guardians Council has selected the 4 candidates who will run in the Presidential election next month. According to a report today from AFP, a total of 475 Iranians (including 42 women) had registered as possible candidates. The Council is made up of six clerics picked by the supreme leader and six jurists chosen by the head of the judiciary. The approved candidates are incumbent president Mahmoud Ahmadinejad, former head of the Revolutionary Guards Mohsen Rezai (a conservative), former prime minister Mir Hossein Mousavi (a moderate reformist) and ex-parliament speaker Mehdi Karroubi (a reformist).

Teen and Mother Fail To Appear At Hearing On Cancer Treatment For Boy

Thirteen-year old Daniel Hauser and his mother Colleen Hauser failed to appear at their scheduled court hearing in New Ulm, Minnesota yesterday. They apparently have gone into hiding rather than comply with a court order to take steps toward obtaining chemotherapy for Daniel's Hodgkin's lymphoma. They object on religious grounds to the treatment. (See prior posting.) In accordance with the court's mandate, Daniel did obtain a new chest X-ray on Monday. It showed that his tumor had returned to its size before the one chemotherapy treatment he had. The Minneapolis Star-Tribune reports that Daniel's father, Anthony Hauser, told the court that he does not know his wife's and son's whereabouts. Brown County District Judge John Rodenberg held Colleen Hauser in contempt of court. and ordered that Daniel be placed in foster care for oncology treatment as soon as he is found. AP reports that Daniel's father, Anthony, now believes his son should restart chemotherapy.

NY Town Charges Zoning Violations In Cow and Chicken Slaughter

Lower Hudson Journal News reports on motions that were granted in the Ramapo, New York town court yesterday in two cases pitting zoning authorities against some of the town's Orthodox Jewish population. In one case, the judge granted owners of a yeshiva more time to answer charges that they violated zoning regulations when they slaughtered a cow in the school's back yard. In the other case, the court permitted organizers of last fall's kaparot ceremony involving slaughter of 13,000 chickens in a parking lot in Monsey (NY) to withdraw their guilty pleas and go to trial on zoning violation charges. Officials charged defendants with washing slaughtered chicken remains down a storm sewer and with leaving the parking lot littered with trash and chicken remains. (See prior posting.)

Reports On Two Priest Sexual Abuse Cases

The Seattle Times reported yesterday that a settlement has been agreed to in mid-trial by one of two plaintiffs suing the Catholic Archdiocese of Seattle over sexual abuse by a priest in 1976. The offending priest, Patrick O'Donnell, was transferred from Spokane to Seattle without Spokane Bishop Bernard Topel telling Seattle Church officials that O'Donnell was a repeat pedophile. 87-year old former Seattle Archbishop Raymond Hunthausen testified at the trial yesterday. Yesterday's Seattle Post-Intelligencer describes his testimony in some detail. The second plaintiff in the case has not settled, and the trial continues on his claims.

Meanwhile, the Wilmington, Delaware News-Journal reports on another ongoing priest abuse case. A civil suit was filed in Delaware state court by a 46-year old man against the Oblates of St. Francis de Sales and Salesianum School. Plaintiff says he was abused from 1982-1984 by now-deceased Rev. Richard Grant who was principal of the school. This is one of more than a dozen suits that have been filed against the Oblates and several of their priests since Delaware opened a two-year window for old claims to be filed through its 2007 Child Victim Act.

Laid-Off Church and Synagogue Employees Find No Unemployment Benefits

UPI today, in a report from Richmond, Virginia, says that many people recently laid off their jobs by churches and synagogues are surprised to find that they are not entitled to state unemployment benefits. Under Virginia law, churches are exempt from paying unemployment taxes. (Va. Code § 60.2-213(B)) The Catholic Diocese of Richmond has a voluntary self-insurance arrangement with the state under Va. Code § 60.2-501. Laid-off workers file for unemployment, and if the claim is approved, the state bills the Diocese for the actual amount of benefits paid out to the former employee.

Israel's High Court Orders Equal Funding For Non-Orthodox Conversion Classes

Jerusalem Post reports that Israel's High Court of Justice today handed down a landmark ruling requiring the government to fund Reform and Conservative institutions that offer classes to prepare individuals for conversion to Judaism, on an equal basis with Orthodox bodies. Ruling in a case brought by the Israeli Movement for Progressive Judaism, a 3-judge panel of the Court ordered the Immigration and Absorption Ministry to set criteria for equal funding, and to retroactively fund the organizations for the past three years. Justice Dorit Beinisch, president of the Supreme Court , wrote in her opinion that the government must allow different conversion institutions to "coexist" as a matter of "freedom of religion and pluralism." Her opinion suggested that an alternative would be for the government to stop funding private Orthodox conversion classes.

Meanwhile, JTA reports that in another ruling yesterday, Israel's Supreme Court ordered the High Rabbinic Court to explain why, in a decision last year, it retroactively nullified conversions that had been carried out through special conversion courts headed by Rabbi Haim Druckman. (See prior posting.)

Conference Discusses Legal Issues In Sharia-Compliant Financing

Reuters reports on a conference of Islamic scholars held yesterday in Bahrain to discuss legal issues raised by Sharia-compliant financing arrangements. Western business partners generally want contractual provisions that stipulate British law will govern commercial contracts-- and any arbitration proceedings to settle contractual disputes. However strict interpretations of Islamic law preclude this because Sharia does not accept human-made law that is not derived from Islam. Scholars urged parties to contracts to build in arbitration provisions that refer disputes to Sharia-based arbitration centers, like Dubai's International Islamic Centre for Reconciliation and Commercial Arbitration. However Westerners are reluctant, and Dubai's center, created in 2005, has yet to hear a case.

As international economic problems increase, courts are beginning to see disputes involving Sharia-compliant real estate financing. One of the issues being raised is whether, in loans structured as purchases by the bank on behalf of the borrower to comply with Islamic law, courts should look to the form of the transaction and apply laws applicable to real estate sales, or should instead look through form to substance and apply rules applicable to loans.

Federal Lawsuit By Jews for Jesus Seeks To Enjoing Park Permit Regulations

Following a state court ruling earlier this year dismissing criminal charges against "Jews for Jesus" missionary Susan Mendelson who was arrested for violating park rules in distributing literature in Burns Park in the Town of Oyster Bay, New York (see prior posting), a federal court lawsuit seeking to enjoin further enforcement of the Town's permit regulations has been filed. The challenged code and regulations require a permit to distribute leaflets in Town parks. Mendelson refused to limit her distribution to a fixed table location in the park as authorities demanded. The complaint (full text) in Jews for Jesus, Inc. v. Town of Oyster Bay, (ED NY, filed 5/7/2009), alleges that Town of Oyster Bay Code § 168-16 and Regulations promulgated under it, as well as the town's actions against her, violate the 1st and 14th amendments as well as the free speech provisions of New York's constitution. The complaint also seeks a declaratory judgment. An Alliance Defense Fund release yeaterday announced the filing of the lawsuit.

Oklahoma Governor Signs 10 Commandments Bill

The Tulsa World reports that Oklahoma Governor Brad Henry on Monday signed House Bill 1330 [Word .doc] that authorizes placement of a Ten Commandments monument on the State Capitol grounds. The new law may well invite litigation. Anticipating that, the drafters specified that the Oklahoma monument-- which will be paid for by private funds-- should have the same text as the monument on the Texas State Capitol grounds that was upheld against an Establishment Clause attack in a 2005 U.S. Supreme Court decision, Van Orden v. Perry. (See prior posting.)

Indian Christians Applaud Results of Parliamentary Elections

Last weekend's Parliamentary elections in India resulted in the Indian National Congress, leading a secular alliance, winning the largest number of seats. (Wall Street Journal analysis). (Official results.) According to UCAN, Christian groups are elated. The All India Christian Council applauded the electorate's "consummate and decisive" rejection of divisive and sectarian political forces. Christians had feared that that National Democratic Alliance, led by the pro-Hindu BJP (Bharatiya Janata Party), would win. BJP is the political arm of right wing Hindu groups that want to create a Hindu theocracy in India.

Supreme Court Rejects Discrimination Claim By Muslim For His Post- 9/11 Arrest

Today in Ashcroft v. Iqbal, (Sup. Ct., May 18, 2009), the U.S. Supreme Court reversed the 2nd Circuit and rejected 1st and 5th Amendment Bivens claims brought by a Pakistani-Muslim who was arrested in the U.S. in the wake of the September 11 attacks. The complaint alleged that the former U.S. Attorney General and the former Director of the FBI subjected Iqbal to harsh conditions of confinement as a person of high interest because of his race, religion and national origin. In a 5-4 decision written by Justice Kennedy, the majority concluded that Iqbal's complaint failed to state sufficient facts to support a claim for purposeful discrimination:

Where the claim is invidious discrimination in contravention of the First and Fifth Amendments, our decisions make clear that the plaintiff must plead and prove that the defendant acted with discriminatory purpose.... [T]o state a claim ... respondent must plead sufficient factual matter to show that petitioners adopted and implemented the detention policies at issue not for a neutral,investigative reason but for the purpose of discriminating on account of race, religion, or national origin....

The September 11 attacks were perpetrated by 19 Arab Muslim hijackers who counted themselves members in good standing of al Qaeda, an Islamic fundamentalist group. Al Qaeda was headed by another Arab Muslim—Osama bin Laden—and composed in large part of his Arab Muslim disciples. It should come as no surprise that a legitimate policy directing law enforcement to arrest and detain individuals because of their suspected link to the attacks would produce a disparate, incidental impact on Arab Muslims, even though the purpose of the policy was to target neither Arabs nor Muslims. On the facts respondent alleges the arrests Mueller oversaw were likely lawful and justified by his nondiscriminatory intent to detain aliens who were illegally present in the United States and who had potential connections to those who committed terrorist acts.

Justices Souter, Stevens, Breyer and Ginsburg dissented. SCOTUS Wiki has links to all the briefs that were filed in the case. The New York Times reports on today's decision. (See prior related posting.)

Magazine Discloses Rumsfeld Embellished Top Secret Reports To Bush With Bible Quotes

GQ yesterday published a long article critical of former Secretary of Defense Donald Rumsfeld. One of the things it disclosed for the first time was Rumsfeld's practice of often placing Biblical verses on the cover sheet of the top secret Worldwide Intelligence Update delivered daily to President George W. Bush and a few top military leaders. Here is GQ's slide show of a number of the cover sheets that carry Biblical quotes to embellish images from the previous day's battle front. GQ explained the origin of the cover sheets:

These cover sheets were the brainchild of Major General Glen Shaffer, a director for intelligence serving both the Joint Chiefs of Staff and the secretary of defense. In the days before the Iraq war, Shaffer’s staff had created humorous covers in an attempt to alleviate the stress of preparing for battle. Then, as the body counting began, Shaffer, a Christian, deemed the biblical passages more suitable. Several others in the Pentagon disagreed. At least one Muslim analyst in the building had been greatly offended; others privately worried that if these covers were leaked during a war conducted in an Islamic nation, the fallout—as one Pentagon staffer would later say—"would be as bad as Abu Ghraib."

But the Pentagon’s top officials were apparently unconcerned about the effect such a disclosure might have on the conduct of the war or on Bush’s public standing. When colleagues complained to Shaffer that including a religious message with an intelligence briefing seemed inappropriate, Shaffer politely informed them that the practice would continue, because "my seniors"—JCS chairman Richard Myers, Rumsfeld, and the commander in chief himself—appreciated the cover pages.

[Thanks to Scott Mange for the lead.]

UPDATE: New York Times coverage this morning of the CQ article quotes former Pentagon officials as saying that they doubted President Bush regularly saw the Pentagon briefing, which was less complete than his daily intelligence briefing. One former Pentagon spokesman said while he had no recollection of the Biblical quotes, he doubted that Rumsfeld would have tolerated them or used them to influence the White House.

Catholic High School Sues San Diego Under RLUIPA

Yesterday's San Diego Union Tribune reports that a California Catholic girl's high school, Academy of Our Lady of Peace, has filed a RLUIPA lawsuit in federal court. It challenges the the refusal by San Diego's City Council to permit it to demolish three homes near campus in order to construct a new classroom building and parking structure. Here is the school's overview of its proposed modernization project.

Coney Island Amphteater Foes Invoke Law Protecting Nearby Religious Institutions

In Brooklyn, New York, opponents of a proposed $64 million amphitheater project in Coney Island's Asser Levy Park plan to use a city law designed to protect religious congregations to fight the project. Yesterday's New York Daily News and YourNabe last week report that opponents are invoking New York City's law prohibiting amplified sound within 500 feet of religious institutions, schools, courthouses and other gathering places when they are in session. An Orthodox synagogue, Sea Breeze Jewish Center, which is 300 feet from the park, has services every day. Already police do not issue sound permits for the park for Friday and Saturday nights because of larger services at the synagogue on the Sabbath. But up to now synagogue members have not complained about concerts on other nights in the park's existing band shell. Both Sea Breze and nearby Temple Beth Abraham say that concerts at the new facility will in fact disrupt their services. Borough President Marty Markowitz argues that the new project will turn the park into a prime venue for summertime entertainment. Opponents of the project, however, are gathering signatures on a petition and say they will take Markowitz to court. [Thanks to Steven Sholk and to Joel Katz (Relig. & State In Israel) for the lead.]

Turkish Protesters Want Country To Remain Secular

In Ankara, Turkey yesterday, according to Reuters, some 20,000 protesters marched, calling for the resignation of Prime Minister Tayyip Erdogan. The demonstrators, carrying banners reading "Secular Turkey will stay secular," object to what they believe is Erdogan's moves to make Turkey more Islamic. Protesters were also concerned with the government's handling of the economy.

Recent Articles of Interest

From SSRN:

• Jeremy J. Patrick, Blasphemy in Pre-Criminal Code Canada: Two Sketches, (May 15, 2009).
• Andreas A Jobst, Peter Kunzel, Paul S. Mills, & Amadou N. R. Sy, Islamic Bond Issuance - What Sovereign Debt Managers Need to Know, (International Journal of Islamic and Middle Eastern Finance and Management, Vol. 1, No. 4, pp. 330-344, 2008).

From SmartCILP and elsewhere:

• Hon. Edith Brown Clement, Public Displays of Affection...for God: Religious Monuments After McCreary and Van Orden, 32 Harvard Journal of Law & Public Policy 231-260 (2009).
• John M. Breen, Neutrality in Liberal Legal Theory and Catholic Social Thought, 32 Harvard Journal of Law & Public Policy 514-597 (2009).
• William C. Duncan, Speaking Up For Marriage, 32 Harvard Journal of Law & Public Policy 915-930 (2009).
• Stanley W. Carlson‐Thies, Faith-Based Initiative 2.0: The Bush Faith-Based and Community Initiative, 32 Harvard Journal of Law & Public Policy 931-947 (2009).
• Stanley Fish, To the Pure All Things Are Pure: Law, Faith, and Interpretation In the Prose and Poetry of John Milton [abstract], 21 Law & Literature 78-92 (2009).
• Eli Wald, The Rise and the Fall of the WASP and Jewish Law Firms, 60 Stanford Law Review 1803-1866 (2008).
• Michael Whine, Devising Unified Criteria and Methods of Monitoring Anti-Semitism, Jewish Political Studies Review 21:1-2 (Spring 2009).

New York Court Confirms Israeli Arbitral Award In Etrog Dispute

In Schwartzman v. Harlap, (ED NY, April 13, 2009), a New York federal district court granted a petition to confirm a foreign arbitral award in a dispute between an etrog grower and the grower's exclusive distributor. An etrog (citron) is a fruit used in the worship services by Jews on the holiday of Sukkot. Last week's Jewish Press summarized the case (which had been brought under Chap. 2 of the Federal Arbitration Act):

The case concerned Yaakov Charlop, founder of the popular Esrog Warehouse in Queens who had contracted to purchase esrogim from Betzalel Schwartzman, who represents the renowned Schwartzman Esrogim grown in Israel. Charlop withheld payment of $66,000 because he claimed that the esrogim were of substandard quality.... [,]that he was supposed to be the exclusive distributor of Schwartzman esrogim in the United States and that Betzalel Schwartzman, proprietor, had sold esrogim to other dealers here, thus violating the agreement.

In a handwritten agreement ... Rabbi Eliezer Stern, a respected scholar and head of the Belzer Beth Din in Bnei Brak, was specified ... as the designated Rav to whom each side would bring any disagreements.... Charlop claims now that he was unaware at that time that Rabbi Stern was also to serve as the ... kosher certifier of the esrogim.

The case was heard in Israel at the Belzer Beth Din... [which] decided against Charlop and ordered him to pay $66,000 to Schwartzman. Charlop felt that the Beth Din had a conflict of interest... [that] predisposed the Beth Din to be partial to Schwartzman.... Charlop then brought the disagreement to Federal Court in the United States, where ... Judge Cogan ruled against dismissing the Beth Din decision, writing that, "Respondent cannot use this court to obtain a second bite of the esrog."

[Thanks to Joel Kaatz (Relig. & State In Israel) for the lead.]

Obama Speaks At Notre Dame Over Objections of Pro-Lifers

As I post this, President Obama is delivering his address at the University of Notre Dame's graduation, and receiving an honorary degree. In his speech (full text as prepared for delivery) he addressed both the controversy over his receiving an honorary degree and the broader abortion controversy in the United States. On the honorary degree, he quipped, comparing himself to former Notre Dame president Father Theodore Hesburgh who was in attendance and who holds the record for the most honorary degrees ever awarded to one person:

I want to thank you for this honorary degree. I know it has not been without controversy. I don't know if you're aware of this, but these honorary degrees are apparently pretty hard to come by. So far I'm only 1 for 2 as President. Father Hesburgh is 150 for 150.

On the broader abortion issue, he said:

Maybe we won't agree on abortion, but we can still agree that this is a heart-wrenching decision for any woman to make, with both moral and spiritual dimensions.

So let's work together to reduce the number of women seeking abortions by reducing unintended pregnancies, and making adoption more available, and providing care and support for women who do carry their child to term. Let's honor the conscience of those who disagree with abortion, and draft a sensible conscience clause, and make sure that all of our health care policies are grounded in clear ethics and sound science, as well as respect for the equality of women."

Understand - I do not suggest that the debate surrounding abortion can or should go away. No matter how much we may want to fudge it - indeed, while we know that the views of most Americans on the subject are complex and even contradictory - the fact is that at some level, the views of the two camps are irreconcilable. Each side will continue to make its case to the public with passion and conviction. But surely we can do so without reducing those with differing views to caricature.

Passionate protests preceded Obama's speech. On Friday, WNDU reported that seven pro-life protesters-- including former Presidential candidate Alan Keyes-- were arrested when they insisted on bringing their protest onto campus. Also last week, the group Stop Obama Notre Dame issued a press release quoting the words of the honorary degree, and then quoting John Paul II, contending that this demonstrates "that Notre Dame has contradicted Church teaching by her words and actions." However in introducing Obama, Notre Dame President Rev. John Jenkins had profuse praise for Obama, and for his willingness to speak despite the controversy over his appearance.