Foster Care Extended For 17-Year Old Muslim Convert To Christianity

Reports from the Orlando Sentinel and St. Petersburg Times provide details on an order issued Friday by a state court judge in Orlando, Florida in the case of 17-year old Rifqa Bary who fled her home near Columbus, Ohio after converting from Islam to Christianity. The court ordered that Rifqa remain in temporary foster care with the Christian family with whom she has been placed while the Florida Department of Law Enforcement investigates her allegations that her father threatened to kill her because of her conversion. (See prior posting.) After fleeing her home earlier this month, Rifqa stayed in Florida with evangelical pastor Blake Lorenz before being placed in foster care. Judge Daniel P. Dawson yesterday also scheduled an arraignment for a dependency proceeding for Sept. 3 and ordered the family into mediation after the arraignment.

Rifqa's parents, who originally came to the U.S. from Sri Lanka to seek medical care for Rifqa after she lost sight in one eye, say Rifqa is free to practice any religion she wishes. They have agreed that if she is returned to Ohio she can be placed in a foster home there for at least 30 days. Meanwhile activists and politicians are getting involved, calling on Gov. Charlie Crist to take action to keep the girl in Florida. Rifqa's lawyer, John Stemberger (who is a conservative Christian activist) told the court that the real threat is not Rifqa's father, but radical Muslim activists in the Columbus area.

Santa Rosa School Clerk Cleared On Civil Contempt Charge Over Banquet Prayer

Ruling on a civil contempt motion brought by the ACLU, a Florida federal judge on Friday concluded that a school clerk did not violate a preliminary injunction barring the Santa Rosa County (FL) school district and its employees from including prayers in any school event. (ACLU background on the contempt motion.) Two articles from the Pensacola News-Journal report on the court's decision which found that school clerk Michelle Winkler did not willfully violate the preliminary injunction. U.S. District Judge Casey Rodgers held that Winkler was not a party to the lawsuit and did not know that this event was covered by the preliminary injunction. When Winkler's superior told her that she could not offer a prayer at a school Employee of the Year Banquet, she had her husband deliver the invocation instead of doing so herself. Also, technically the banquet was not school-sponsored, but instead was sponsored by a nonprofit organization called the Santa Rosa Education Foundation. (See prior related posting.) Still pending are more serious criminal contempt charges against the principal and the school's athletic director growing out of prayer at a Pace High School luncheon. (See prior posting.)

Malaysian Woman Sentenced To Caning; Syariah Judge Says Sentence Is Illegal

In Malaysia, 32-year old Kartika Sari Dewi Shukarno, a Muslim woman, has become the first woman sentenced under the country's Islamic law to caning for drinking alcohol. Reuters reported Friday that Kartika-- who in 2007 was caught drinking beer at a hotel bar in Kuantan-- has defiantly asked that her punishment be carried out in public. She will be fully clothed when the six strokes will be applied with moderate force. She has also paid a fine of $1420. Meanwhile today's New Straits Times carries an analysis by Terengganu Chief Syariah Judge Datuk Ismail Yahya who says that the caning is illegal because under Malaysian law, only a person in jail can be caned and Kartika was not given a jail sentence.

UPDATE: On Monday, government authorities released Kartika Shukarno, saying: "The warrant cannot be executed." Reuters reports that Kartika refused to leave a van taking her to jail when it returned her to her home.

UPDATE2: Monday's New York Times quotes Mohamed Sahfri Abdul Aziz, the head of religious affairs in Malaysia's Pahang state, who said: "The sentence remains. She has been released but only temporarily."

UPDATE3: France24 reported on Aug. 24 that the original delay in Katrika's punishment was in honor of Ramadan. Now, however, the chief appeals judge for the Islamic courts in the state of Pahangan has ordered further delay while the sentence is reviewed on appeal.

President Sends Greetings To Muslims As Ramadan Begins

Today President Obama sent the greeting of Ramadan Kareem to Muslims who are beginning the month-long observance of Ramadan. The White House website carries written greetings plus a 5-minute video address by the President reaching out to Muslims in the U.S. and around the world.

Canadian Court Affirms Abortion Opponent's Tax Protest Conviction

In Canada, the Court of Appeal of New Brunswick has rejected a Catholic anti-abortion activist's claim that his he should be excused from filing Canadian income tax returns or paying income taxes because a portion of tax revenues are used to fund abortions. At trial, David Little was convicted of failing to file income tax returns for three years, and was fined the minimum $3000. In Little v. Her Majesty the Queen, (NB Ct. App., Aug. 20, 2009), rejecting Little's application for leave to appeal, the Courrt of Appeal said:

The filing of annual income tax returns, like the payment of taxes, cannot reasonably be regarded as an expression of support for a particular government expenditure or policy so as to offend a claimant's Charter right to freedom of religion and conscience. Nor can it be characterized as coercion of the kind embraced by the concept of freedom of religion and conscience. A pacifist who resists compulsory military service may object on grounds that military service is contrary to his or her religious beliefs or objectionable as a matter of principle and conscience. Most certainly, forced participation in these circumstances triggers the application of s. 2(a) of the Charter. But the same pacifist cannot invoke that Charter provision as a valid basis for the refusal to file annual income tax returns and to pay taxes duly assessed. The same reasoning applies to those who object to public funding of abortions through the taxation system. The coercion of which Mr. Little complains is simply too remote to invoke his s. 2(a) Charter rights. Any perceived interference with his religious beliefs cannot be regarded as "substantial" within the meaning of the jurisprudence.

The Fredericton (NB) Daily Gleaner reports on the decision.

Ramadan Begins With UAE Seeking To Keep Prices In Check; Others Viewing Economy's Impact

Ramadan begins this weekend-- tonight in North America, last night in other parts of the world. In the United Arab Emirates, the Ministry of Economy is working to to prevent market instability, manipulation of food prices and monopoly practices in markets for foodstuffs and other essentials. Zawya reported yesterday that importers, wholesalers and retailers often increase prices during Ramadan when demand goes up. It says that Muslim government around the world face a challenge in preventing Ramadan price hikes. Meanwhile today's Wall Street Journal reports that in Dubai, the world-wide financial slump has caused businesses to scale back on the elaborate iftars (meals to break the daily fast) that they have traditionally hosted for clients and potential business partners. According to today's Newark (NJ) Star-Ledger, in the U.S. economic problems may also reduce amounts charities receive from Muslims this Ramadan. However the charity Islamic Relief has seen growing contributions since 2001, particularly as several other Muslim charities have been closed down by federal officials in investigations of links to terrorist groups.

Condo Residents Get Shabbat Elevator, Ending Discrimination Complaints

Today's Baltimore Jewish Times reports that efforts by Orthodox Jewish residents of the Strathmore Tower condominium in Baltimore (MD) to obtain a "Shabbat elevator" have finally been successful. The 6-3 vote by the condominium board to start work on the changes resolves a two-year dispute in which the Maryland Commission on Human Relations issued a report finding probable cause for charges of religious discrimination. The condominium builder will cover the $3000 cost of modifying the elevator so it can be set to automatically stop at every floor on Saturdays. The Human Relations Commission is monitoring the situation and also wants the condo's bylaws changed to assure religious accommodation and a ban on religious discrimination. (See prior related posting.)

Utah and Arizona Issue Updated Guide On Polygamous Communities

The Utah and Arizona Attorneys General have released a revised edition of The Primer, a guide designed to assist law enforcement and human services agencies that provide assistance to fundamentalist Mormon families. It provides basic information on more than a dozen polygamous communities, using description mostly prepared by the groups themselves. Yesterday's Salt Lake Tribune says that this version of the guide has a neutral tone that no longer suggests that fundamentalist Mormons are "victims" of groups that experience more domestic violence or abuse than others. The Primer also describes the Safety Net Committee that was formed in 2003 by Utah and Arizona to bring together government agencies and nonprofits that are working to give people from polygamous communities equal access to justice, safety and services.

2nd Circuit Narrows Remedy Against Postal Unit Operating On Church Premises

In Cooper v. U.S. Postal Service, (2d Cir., Aug. 20, 2009), the U.S. 2nd Circuit Court of Appeals held that religious displays by the Full Gospel Interdenominational Church in the Contract Postal Unit it operates along side its ministry and outreach efforts in a store front facility in Manchester, Connecticut violate the Establishment Clause. Holding that plaintiff had standing to raise the Establishment Clause challenge, the court concluded however that the Establishment Clause breach "is limited to the area of the CPU performing the public function; all other areas of the CPU remain the province of the private entity." Therefore, the only remedy the court required was removal of religious material from the postal counter and related areas, along with installation of "visual cues [that] distinguish the space operating as a postal facility from the space functioning as the private property of the Church." The court said this could be a low railing or stanchions with hanging ropes of the sort that are found in a theater. The lower court had issued a broader injunction. (See prior posting.)

The court also attempted to limit its decision to the facts of the case, saying that plaitiff's complaint was that he became an unwilling participant in religious activity when he entered the postal facility. It went on: "Ordinarily, when CPUs are housed in churches or synagogues or monasteries or mosques, customers are alerted to the facility’s religious status by cues such as ecclesiastical architecture, schedules of religious services, and religious iconography or statuary." Here however a customer might become confused because the store front "gives no visual cues to alert its customers to its function as a Christian outreach facility." AP yesterday reported on the decision.

Driver Refuses To Operate Bus Carrying Atheist Ad

Now that the Des Moines, Iowa Area Regional Transit Authority has finally decided to allow an atheist group to run its ads on twenty local buses (see prior posting), transit officials face a different issue. Bus driver Angela Shiel refuses to drive a bus which carries the ad. Yesterday's Des Moines Register reports that DART has suspended the driver for violating its rule that drivers may not refuse to operate a working bus assigned to them. Some attorneys suggest that DART may have an obligation to accommodate Shiel's religious beliefs if it can do so easily. Apparently some passengers are also boycotting buses featuring the "Don't believe in God? You are not alone" ads.

Muslim Charity's Rights Violated In Freezing of Assets

On Tuesday, an Ohio federal district court in a 100-page opinion in KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, (ND OH, Aug. 18, 2009) held that the federal Office of Foreign Assets Control violated the due process rights of a Muslim charity when in 2006 it froze its assets without providing notice of the reasons or an opportunity for a hearing. In a long discussion of Fourth Amendment law, the court also concluded that OFAC should have obtained a warrant before freezing the group's assets.

The court also concluded that OFAC acted arbitrarily in blocking access by the charity to use of its own funds to pay its attorneys. The government is investigating whether the charity should be classified as a Specially Designated Global Terrorist" organization because of alleged contribution of funds to Hamas. The court concluded that OFAC's provisional determination to classify the group as an SDGT is not final and thus not subject to review. Yesterday's New York Times reported on the decision. The Council on American-Islamic relations issued a press release calling the decision "a victory for all Americans who value the constitutional rights to due process and freedom from unreasonable search and seizure."

Louisiana Parish School Board Expands Invocation Invitee List

Apparently in a move to strengthen its hand in a pending lawsuit, the Tangipahoa (LA) Parish School Board made a change in its invocation policy. The Advocate reports that at Tuesday's Board meeting, members unanimously agreed that the list of clergy who will be invited to offer prayers can be expanded to include ministers, imams and rabbis from houses of worship outside Tangipahoa Parish attended by Tangipahoa residents. (See prior related posting.)

Advocacy Groups Caution Illinois On Grants To Religious Organizations

Americans United and the Anti Defamation League in a joint letter (full text) to the Illinois Department of Commerce and Economic Opportunity cautions the state about proceeding with $40 million in grants to 97 religious institutions without instituting proper safeguards. The letter warns that state agencies need to put in place effective safeguards to assure that the funds are used only for secular, neutral and non-ideological purposes. It also says that cash payments should not be made to pervasively sectarian institution. Yesterday's Chicago Tribune reports that the grants are part of a $31 billion infrastructure improvement bill signed last month by the Governor. (See prior related posting.)

Settlement Reached In New Haven Street Preacher Case

A consent judgment (full text) was entered Monday in Connecticut federal district court in Morrell v. City of New Haven, (D CT, Aug. 17, 2009). Under terms of the order, New Haven, Connecticut police agree not to apply Connecticut's disorderly conduct statute (Conn. Gen. Stat. Sec. 53a-182) to preaching on public sidewalks by Jesse Morrell, unless Morrell's "predominant intent" is to annoy, alarm or cause unreasonable noise. The city also agreed to pay $25,000 to cover damages, attorneys fees and litigation costs. A release by Alliance Defense Fund says that in 2004 New Haven police stopped Morrell from preaching at four different locations.

Obama On Conference Calls With Faith Groups On Health Care

President Obama yesterday participated in two faith-based conference calls urging support for health care reform. The Washington Post reports that first Obama spoke with Jewish leaders on a call organized by the Religious Action Center for Reform Judaism. The RAC has also launched a website, Jews for Health Care Reform. Then in the afternoon President Obama spoke for ten minutes as part of a call sponsored by a broad array of faith groups organized through Faith In Public Life. An audio recording of the call is archived on the Faith for Health website, which estimates 140,000 listened to the call in real time. Obama told listeners that some critics are "bearing false witness" in their opposition to health care reform.

New Venezuela Education Law Eliminates Religious Education In Schools

Last week Venezuela's National Assembly passed a controversial new Education Law that impacts the teaching of religion in schools. According to a Catholic News Service report yesterday: "One clause of the new law, which covers all levels of education and both public and private institutions, requires education to have a 'lay character … in all circumstances' and leaves religious education to families." According to a report Saturday in the Miami Herald, the new law "gives a major role in education to the so-called 'communal councils,' which are community assemblies mostly dominated by the ruling Unified Socialist Party of Venezuela." Opponents who say the new law gives Hugo Chavez's central government too much control over schools say they will seek a referendum to overturn the law.

Oklahoma Court's Ruling Apparently Invalidates Medical Providers Conscience Provisions

In 2008, the Oklahoma legislature enacted the Freedom of Conscience Act, SB 1878 (full text Word doc). The bill not only contains very broad conscience protections for medical personnel who object to participating in a variety of procedures, but it also requires medical providers, before performing an abortion, to conduct an ultrasound and describe and display in detail the ultrasound image to the woman seeking the abortion. The ultrasound provisions were challenged in a state court lawsuit filed by the Center for Reproductive Rights, as were certain provisions on wrongful birth actions and the administration of RU-486 to cause an abortion. (Background.)

AP reports that yesterday an Oklahoma County District Court struck down the law without getting to the primary constitutional issues. The court instead held that the statute violates the requirement in Sec. V-57 of the Oklahoma Constitution that any state statute deal only with a single subject. The effect of that holding, while opening the way to re-enactment of all the law's provisions in separate bills, also would seem to invalidate until re-enactment the freedom of conscience provisions that apparently had not been challenged by plaintiff.

UPDATE: Wednesdy's New York Times reports that the state will appeal the decusion to the Oklahoma Supreme Court.

Egypt's Mubarak Visits White House; Advocates Want Obama To Raise Human Rights Issues

Yesterday, Egyptian President Hosni Mubarak visited the White House. Ahead of the visit, groups such as U.S. Commission on International Religious Freedom (text of letter) and the Institute on Religion and Public Policy (text of letter) urged the President to raise questions of religious freedom with Mubarak. At a Washington press conference yesterday called by Coptic Christian groups to protest the human rights situation in Egypt, arguments broke out between speakers and Muslims attending the press conference over the role of sharia law in Egypt. (Christian Post).

At the White House press briefing yesterday, press secretary Robert Gibbs was asked whether Obama raised human rights issues with Mubarak:

Q: Back to Mubarak. Can you say how the President raised the issue of human rights and political reform in Egypt during the talks?

MR. GIBBS: Let me get a specific read. I did not talk to Denis and those guys before I -- about the other topics that were talked about.

Q: Well, generally, do you think it's fair that there's a perception among some dissidents and human rights groups that this administration has downplayed that side of the relationship in pursuit of broader issues?

MR. GIBBS: I would not -- I would not agree with the premise that we have somehow swept under the rug, in either this relationship or in relationships with other countries, the notion of human rights or greater democracy in the world. Obviously those are important foreign policy goals that are in the national interest of this country. And we will continue to pursue those, as well as issues relating to comprehensive Middle East peace.

Sex Offender Challenging NC Law Barring Church Attendance Near Child-Care

Yesterday's Charlotte (NC) Observer reports that James Nichols, a sex offender who has completed his prison sentence, has enlisted the ACLU to help him challenge a North Carolina law barring registered sex offenders from being within 300 feet of a school, playground, day care or children's museum. The law took effect last December. Nichols was arrested by a Chatham County sheriff's deputy in March for attending Moncure Baptist Church, where he had disclosed his past to the pastor. The church has a child-care facility on premises.

Nichols also faces a second charge because he was staying with a friend who later took a 14-year old girl into her home. Nichols has now moved to Sanford where police officials allow him to attend Try Jesus Ministries, even though the church has children's programs.

A coalition of psychologists and social workers are supporting a bill in the North Carolina legislature that would allow sex offenders to attend adult programs at churches if they have written permission from church leaders. Many think churches can play an important role in rehabilitating sex offenders. However Sen. David Hoyle who sponsored the existing sex offender law says: "As far as I'm concerned, they've lost all their rights -- to go to church ... to go to McDonald's to get a cheeseburger if they've got the slides."

Group Opens San Francisco Office, Calling Area Hostile To Religious Liberty

The Pacific Justice Institute has opened a new office in Oakland, California to serve the San Francisco Bay area. Yesterday's San Franciso Business Times interviewed Kevin Snider who will head the office. Snider said: "The San Francisco region is without a doubt one of the most hostile places in the country toward religious liberties and values." PJI's website says it focuses on religious freedom issues such as "curtailments to evangelism by the government, ... students and teachers rights to share their faith at public schools [, and] ... the rights of parents ... to homeschool, review and have notice of public school curriculum and presentations, and opt out their children from objectionable material...."