Bosnian Election Restrictions Challenged In European Court As Discriminatory

Last week, the European Court of Human Rights heard arguments in the case of Sejdić and Finci v. Bosnia and Herzegovina challenging provisions in Bosnia's constitution and the election act of 2001. (Court press release.) Haaretz also reports on the case brought by the head of Bosnia's Jewish community and the head of its Roma Council are challenging restrictions that limit candidates for the Presidency and the House of Peoples of the Parliamentary Assembly to members of the Bosnian Serb, Bosnian Muslim and Bosnian Croat communities. They argue that the restrictions violate Articles 3 (inhuman and degrading treatment), 13 (right to an effective remedy) and 14 (prohibition of discrimination) of the European Convention on Human Rights, as well as Article 3 of Protocol No. 1 to the Convention (right to free elections) and Article 1 of Protocol No. 12 to the Convention (general prohibition of discrimination).

Obama Speaks To Middle East Reporters About Religious Pluralism

After his speech in Cairo yesterday, President Obama met with Middle East reporters. JTA has a transcript of the session. While much of the Q&A focused on the Israeli-Palestinian question, one exchange allowed the President to expand on his notion of a religiously pluralistic society:

What I tried to communicate in the speech ... is that in an interdependent world like ours ... we have to have a mature faith that says "I believe with all my heart and all my soul in what I believe, but I respect the fact that somebody else believes their beliefs just as strongly." ... I can't force my religion on you.... Now, that doesn't mean that I can't make arguments that are based on my belief and my faith... If I'm a politician and I say I'm going to pass a law against murdering somebody, that's not me practicing my religious faith; that's me practicing morality that may be based in religious faith, but ... one that can translate into a principle that people of various faiths can agree on.

I think it's very important for Islam to wrestle with these issues.... [I]n Islam there's a debate about sharia and how strict an interpretation or how moderate an interpretation of that should be; or should that be something that is not part of the secular law. I don't presume to make that decision for any country or any groups of people. But I do think that if you start having rules that guarantee other faiths and other groups, or in the case of the United States, people with no faith at all, are somehow forced to abide by somebody else's faith, I think that is a violation of the spirit of democracy and I think that over the long term, that's going to breed conflict in some way. It will lead to some sort of instability and destructiveness in that society.

But, as I said, I think this is a important debate that has to take place inside Islam.... [T]he one thing I can say for certain is that people who justify killing other people based on faith are misreading their sacred texts. And I think they are out of alignment with God. Now, that's my belief. [T]hat ... is a debate that I think is settled for the vast majority of Muslims, but we have a very small minority that can be very destructive....

President's Faith-Based Council Holds Its First Official Meeting

Yesterday afternoon, President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships held its first official meeting by conference call. Washington Post's On Faith has an account of what transpired. Each of the Task Forces reported on its activities. Originally it was reported that the White House had created six task forces (see prior posting); however yesterday's report suggests that a seventh has appeared: Reducing Teen Pregnancy and Abortion. The Council's timeline for the next few months is: Phone conferences every month with an in-person meeting , open to the public, in July. At that meeting, each task force will identify 2 to 3 areas for primary focus. In October, each task force will present a draft of recommendations, with a February meeting to release a final report and recommendations. In between,frequent phone conferences among task forces are anticipated.

Today, Bill Donohue, president of the Catholic League for Civil and Political Rights today issued a press release focusing on part of the report by the Task Force on Global Poverty and Development. The Task Force identified as an issue the importance of foreign aid going to civil society institutions, such as churches, mosques, temples and universities, as well as to governments. Donohue says: "This is a commendable proposition, but it also smacks of hypocrisy: U.S. taxpayers are expected to foot the bill for religious institutions overseas but there is no money for poor kids down the block from the White House who would like to have a school voucher to attend a Catholic school. "

Brooklyn Bishop Lobbies Hard Against Statute of Limitations Window

Today's New York Times reports on the aggressive political advocacy by Brooklyn's Bishop Nicholas A. DiMarzio in opposition to a bill proposed in the legislature that would create a one-year window in which anyone could sue for child abuse, no matter how long ago it occurred. The provision is in one of the two versions of bills tht would extend the statute of limitations on child abuse from 5 years to 10 years. Bishop DiMarzio warns that if the one-year window is enacted, it will bankrupt various Catholic dioceses, and that parishioners will in turn reject politicians who supported the bill.

Some charge that Bishop DiMarzio entered a political deal with Assemblyman Vito J. Lopez, forcing Father James O'Shea to resign as executive director of Churches United. That group had questioned the lack of transparency in the planning process for a large urban renewal housing project in Williamsburg. Lopez headed the Assembly's housing committee that helped get funding for the project, and he also founded a nonprofit social services organization that has part of the contracts for preliminary project development work. Critics say that in exchange for the removal of Fr. O'Shea, Assemblyman Lopez introduced the competing bill that lengthened the statute of limitations in abuse cases without providing a one-time window for old claims to be asserted. Lopez denies any such deal.

Bahrain Adopts New Family Law For Sunnis; Excludes Shiites

IPS reports today that Bahrain's King Hamad bin Isa Al Khalifa on May 27 approved a new family law for Sunnis that protects the rights of women in Shariah courts. The new law sets out specific guidelines for courts to apply to marriage and divorce, alimony, child custody and inheritance cases. This is intended to lessen the mistreatment of women resulting from giving excessive discretion to male judges. However Shiites were excluded from coverage under the law after conservative Shiite scholars and lawmakers threatened nationwide protests and rallies. A spokesman for the Shiite bloc in Parliament said the law clashed with Shariah principles. Fundamentalist Shiites also fear that the law could be a first step toward applying secular civil law to Bahraini Muslims

Maryland AG Says Court Security Can Require Temporary Removal of Face Coverings

A Maryland Attorney General's ruling handed down last week says that deputy sheriffs assigned to court security may require a person to temporarily remove a face covering, or veil or for identification or security purposes, even if the item is worn for religious purposes. 94 OAG 81 (May 27, 2009) concludes that there are no constitutional problems with doing this so long as the sheriff's office has a neutral and generally applicable policy of requiring removal of face coverings for security purposes. The opinion goes on, however, to urge practices that minimize religious conflicts:

To minimize potential conflicts between the requirements of courthouse security and the religious practices of individuals entering the courthouse, it would be useful if security details were comprised of both male and female officers and if a private space were available at the entrance of the courthouse for those individuals whose religion discourages removal of a head covering in public.

While the opinion is focused primarily on issues of Muslim women wearing a niqab, portions of the opinion indicate that it applies to other kinds of head coverings worn by men as well. Today's Examiner reports on Attorney General Douglas Gansler's opinion and the ACLU's concern about its impact on other head coverings.

Court Refuses To Dismiss Challenge To Illinois Drivers License Rules

In Baer v. White, 2009 U.S. Dist. LEXIS 46412 (ND IL, June 3, 2009), plaintiffs challenged as too narrow the Illinois provisions protecting some religious objectors from furnishing their social security number in order to get a drivers' license. Under Illinois Vehicle Code 6-106 and 92 Illinois Administrative Code §1063.63, an exemption is available only if the religious order or sect to which an applicant belongs does not permit the individual to apply for a social security card. In this case, plaintiffs say that their individual religious beliefs-- based on Revelation 13:16-17 that prohibits the "mark of the beast"-- prevent them from furnishing a social security number in order to obtain a drivers license. However their religious sect does not specifically prohibit obtaining a social security number; instead it respects individual consciences on the matter. At issue in particular is the state's requirement for a statement from one's religious leader "attesting that the use of a social security number is against the religious convictions of the applicant's faith." The statute also requires the Secretary of State to determine which religious groups have bona fide convictions opposing participation in the social security system.

The court refused to dismiss plaintiffs' free exercise, equal protection and state RFRA challenges to the statute and regulations. However the court did dismiss plaintiffs' right to travel and due process challenges to the Illinois requirements.

Recent Prisoner Free Exercise Cases

In Heleva v. Kramer, (3d Cir., May 22, 2009), the U.S. 3rd Circuit Court of appeals rejected a free exercise and RLUIPA claim by an inmate who alleged that for eight months authorities deprived him of two books on spirituality and prayer sent by his sister.

Moriarty v. Rendell, 2009 U.S. Dist. LEXIS 44100 (MD PA, May 26, 2009), involves an inmate's claim that he was required to attend a religious-based 12-step drug and alcohol treatment program as a condition of parole. In this decision, a Pennsylvania federal district court adopted a magistrate's report and dismissed certain 1st, 8th and 14th Amendment claims relating to the required attendance.

In Colon v. Passaic County, 2009 U.S. Dist. LEXIS 45151 (D NJ, May 27, 2009), a New Jersey federal district court certified all persons who are or will become incarcerated at the Passaic County Jail during the pendency of the lawsuit as the appropriate class to bring a number of claims, including alleged restriction on religious freedom.

In Rouser v. White, 2009 U.S. Dist. LEXIS 45171 (ED CA, May 15, 2009), a California federal district court, in a lengthy opinion, allowed plaintiffs to move forward on many of their RLUIPA, free exercise clause, establishment clause and equal protection challenges to a prison's restrictions on various Wiccan religious practices.

Falun Gong Adherent Charges Chinese Restaurant In New York With Discrimination

Wednesday's Epoch Times reports on an unusual case charging religious discrimination in public accommodations heard by the New York State Division of Human Rights this week. Three adherents of Falun Gong claimed that employees of a Chinese restaurant in Flushing Queens refused to serve them because of their religious beliefs. Zhen Sun told the administrative law judge that she went into the Lucky Joy Restaurant with a friend, and when employees saw her T-shirt reading "“Falun Dafa", they told her that they do not sell food to Falun Gong. She was ultimately told by the restaurant's owner to leave. No one attended the hearing to defend the Restaurant.

Scotish Tribunal Says Minister Is Not "Employee" In Unfair Dismissal Case

In Scotland, an employment tribunal has rejected an unfair dismissal charge brought by Rev. Allan MacDonald against the Free Presbyterian Church. Highland News yesterday reported on the decision in which the tribunal held that MacDonald was not an "employee" of the Church, but rather held office by virtue of his ordination. His obligations as a minister were to the members of his congregation and the tribunal said it could not impose a legal relationship on the members that would be contrary to their religious beliefs. MacDonald was suspended by the congregation in 2007 and 2008 after he wrote a controversial book titled Veritatem Eme – Buy the Truth. (Background.) Last June MacDonald was told by the congregation to vacate the manse within six months.

Court Says It Can Order Father To Pay Religious School Tuition

In Jordan v. Rea, (AZ Ct. App., May 28, 2009), an Arizona appellate court held, in a dispute between divorced parents over where their two children would go to school, that the best-interests standard applies and that a court may not rule out a private religious school simply because it is a private religious school. This overturned the trial court's ruling that while both parents can impart religious training to the children, school "is a theologically neutral time."
The appellate court also rejected the father's argument that ordering him to pay for a private religious school would be unconstitutional because it would require him to financially support a religious institution to which he does not subscribe. The court concluded that the father is not being required to support a religious institution, but instead is merely being required to make a child support payment to his former spouse to provide for his children's education in a school the court has found to be in their best interests. Yesterday's Douglas (AZ) Dispatch reports on the decision.

Audit of 2008 Anti-Semitic Incidents Released

The Anti-Defamation League this week issued its 2008 Audit of Anti-Semitic Incidents and a press release summarizing the Report's findings. The 2008 findings show a total of 1,352 anti-Semitic incidents, including 37 physical assaults. This is a 7% decline in total incidents from the year before. Among the highest profile incidents were repeated vandalism of the San Francisco Holocaust Memorial and the desecration of numerous of graves at a Chicago Jewish cemetery. The report also includes state-by-state tallies of incidents.

Clergyman Convicted of Violating Noise Law Through Playing Church Bells

In Municipal Court in Phoenix, Arizona yesterday, a local clergyman, Bishop Rick Painter of Christ the King Cathedral, was found guilty on two counts of violating the city's noise ordinance because of the hourly ringing of electronic church bells. An Alliance Defense Fund release says that the bells normally ring each hour from 8 a.m. to 8 p.m. Painter was given a suspended sentence of ten days in jail and three years' probation. The court also ordered that in the future the church bells can only be played once on Sunday mornings and once on each of 5 holy days for up to two minutes in duration with a noise level not to exceed 60 decibels (measured from adjacent property lines). (Full text of order.) ADF said it is reviewing the options available to protect Bishop Painter's rights.

Sikh High Schooler Sues NY Department of Education For Failing To Protect Him

A press release yesterday from the Sikh Coalition reports that a former Queens, New York high school student has filed a federal lawsuit against New York City's Department of Education charging that it failed to protect him against bias-based harassment and attacks from other students. A year ago, student Jagmohan Singh Premi was punched in the face by a fellow student who had a long history of making fun of his patka (small turban) and beard, and attempting to pull off his patka. Teachers and administrators at Richmond Hill High School tried, but could not to stop the harassment. Incidents continued even after the harasser was suspended. The lawsuit alleges that therefore the Department of Education had a responsibility to step in and do more.

Obama's Speech To Muslim World Includes Focus On Religious Freedom

This morning, President Barack Obama delivered a major address to the Muslim world from Cairo, Egypt. (Full text of speech.) In his broad-ranging speech, he said that "Islam has always been a part of America's story," pointing out that the first nation to recognize the U.S. was Morocco. One section of his speech was devoted to religious freedom. He said:

Islam has a proud tradition of tolerance. We see it in the history of Andalusia and Cordoba during the Inquisition. I saw it firsthand as a child in Indonesia, where devout Christians worshiped freely in an overwhelmingly Muslim country. That is the spirit we need today. People in every country should be free to choose and live their faith based upon the persuasion of the mind, heart, and soul. This tolerance is essential for religion to thrive, but it is being challenged in many different ways.

Among some Muslims, there is a disturbing tendency to measure one’s own faith by the rejection of another’s. The richness of religious diversity must be upheld – whether it is for Maronites in Lebanon or the Copts in Egypt. And fault lines must be closed among Muslims as well, as the divisions between Sunni and Shia have led to tragic violence, particularly in Iraq.

Freedom of religion is central to the ability of peoples to live together. We must always examine the ways in which we protect it. For instance, in the United States, rules on charitable giving have made it harder for Muslims to fulfill their religious obligation. That is why I am committed to working with American Muslims to ensure that they can fulfill zakat.

Likewise, it is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit – for instance, by dictating what clothes a Muslim woman should wear. We cannot disguise hostility towards any religion behind the pretence of liberalism.

Indeed, faith should bring us together. That is why we are forging service projects in America that bring together Christians, Muslims, and Jews. That is why we welcome efforts like Saudi Arabian King Abdullah’s Interfaith dialogue and Turkey’s leadership in the Alliance of Civilizations. Around the world, we can turn dialogue into Interfaith service, so bridges between peoples lead to action – whether it is combating malaria in Africa, or providing relief after a natural disaster.

9th Circuit Says San Francisco's Criticism of Catholics Did Not Violate Establishment Clause

In Catholic League for Religious and Civil Rights v. City and County of San Francisco, (9th Cir., June 3, 2009), the U.S. 9th Circuit Court of Appeals rejected an Establishment Clause challenge to a strongly worded resolution passed by San Francisco's Board of Supervisors criticizing a directive from Catholic Cardinal William Levada instructing Catholic social service agencies to not place children in need of adoption with same-sex couples. Applying the Lemon test, the court found both a secular purpose and effect, as well as no entanglement. It said in part:

To be sure, the Board could have spoken with a gentler tone, but the strength of the Board’s language alone does not transform a secular purpose into a religious one.... [S]ame-sex adoption is "a secular dimension of the City’s culture and tradition that the City believes is threatened by the specific directive issued to the Archdiocese."... [T]he Board’s well-established practice of responding whenever the equality of gay and lesbian families is called into question necessarily colors the message conveyed by the Resolution. In adopting the Resolution, consistent with past practice, the Board sought to champion same-sex families and nondiscrimination as to gays and lesbians. An objective observer would understand as much.

Judge Berzon concurred, saying it was important that the resolution was limited in three ways: no regulation was attached to the resolution; the resolution was merely enacted; it was not made more permanent through plaques or ads; and the resolution was not repeated or pervasive. Yesterday's San Francisco Chronicle reported on the decision.

Mediation Settles Epicopal Church Dispute In Colorado Springs

The Colorado Springs (CO) Gazette reports that a lengthy mediation session yesterday settled litigation over ownership of Colorado Springs Grace Church & St. Stephen's. A decision handed down in March awarded the $17 million church building to the Episcopal Church USA rather than the break-away group that affiliated with the more conservative Convocation of Anglicans in North America. (See prior posting.) An appeal had been filed. But now the CANA faction agreed instead to give up the building, saying it is too expensive to maintain anyway. However the Episcopal Diocese that gets the building said that the CANA faction realized they had a weak case.

NH Governor Signs Same-Sex Marriage Bill After New Religious Protections Added

Yesterday the New Hampshire House and Senate enacted changes to the same-sex marriage bill that the legislature had already passed, going along with demands of Gov. John Lynch for further protections for religious institutions as a condition of his signing the law. (See prior posting.) The Concord Union Leader reports that the governor then signed the bill yesterday afternoon. It takes effect Jan. 1. Two amendments to the already-passed HB 436 were placed into HB 73 and HB 310. The new changes affirm that religious organizations retain control over who may marry within the faith and they may not be required to participate in a marriage ceremony in violation of their religious beliefs. No religious organization is required to provide in connection with a marriage that violates its religious beliefs any marriage counseling, programs, courses, retreats, or housing designated for married individuals. Finally, religious fraternal benefit societies need not provide insurance where it would violate the society's free exercise of religion.

Fiji Orders Methodists To Cancel Annual Conference

AFP reported earlier this week that the military government in Fiji has ordered the Methodist Church-- Fiji's largest religious group-- to cancel its annual conference scheduled for August. A joint statement by the military and police said the church is trying create instability in the country. Global Voices today has a longer background story on these developments, pointing out that the Methodist Church was critical of the 2006 coup by Commodore Frank Bainimarama, who himself is a Methodist.

Russian Trial Reflects Split Between Young Muslims and Establishment

Today's New York Times reports on a trial taking place in Kazan, the capital of Russia's Muslim Tatarstan region. Twelve defendants are charged with being members of Hizbut Tahrir, a fundamentalist Islamic organization that, among other things, wants to create an Islamic Caliphate. Russia says Hizbut Tahrir is a terrorist organization, while its members say it is a political party that no longer advocates violence. Relatives say defendants' involvement with Hizbut Tahrir was minimal, and that the real reason for their prosecution is that they were studying different currents in Islam and proselytizing outside official Muslim religious structures. A mufti with the government-backed Muslim Religious Board of the Republic of Tatarstan admitted that the Muslim establishment had not responded well to the more modern interests of young Muslims.