Washington State Bans All Holiday Displays Inside Capitol Building

As reported by the Everett (WA) Herald, the state of Washington's Department of General Administration last week adopted a new interim policy (full text) on the use of public areas of the Capitol. Earlier this year, the state began rule making proceedings to avoid the confusion that resulted last year from numerous competing requests to put up holiday displays. (See prior posting.) A Questions & Answers sheet also issued last week by the Department clarifies the interim policy's impact:

Q: Will you allow displays and exhibits?

The interim policy does not allow the public to place displays and exhibits in the public areas of the capitol buildings, regardless of content. However, subject to reasonable time, place and manner restrictions, you may be permitted to place displays outside on the capitol grounds.

Q: Will you permit a Nativity scene in the Legislative Building during the holiday season?

No. General Administration has turned down a request for a Nativity display inside the Legislative Building for December 2009.

Q: Will you permit an atheist display in the Legislative Building during the holiday
season?

No. General Administration has turned down a request for an atheist display inside the Legislative Building for December 2009.

Q: Will there be a holiday tree at the Legislative Building this year?

Yes. The holiday tree will continue as a General Administration activity.

[Thanks to Blog from the Capitol for the lead.]

Mosques Will Aid Malaysian State Officials In Syariah Enforcement

In Malaysia, the Selangor Islamic Religious Department (Jais) has issued authority letters to more than 370 mosques authorizing 4 leaders in each mosque to aid the government in enforcing the Selangor Syariah Crimes Enactment 1995. Yesterday's Malay Mail reports that the mosque officials were given authority to note information about any Muslim found drinking alcohol in public and to hand them over to police or religious enforcement officers. Datuk Dr Hassan Ali, the Selangor executive councillor in charge of religion, said that mosque officials will soon be given the additional power to arrest Muslims for selling and storing alcoholic beverages, and for being "disrespectful" during Ramadan.

Suit Will Charge Judge With Improperly Requiring Removal of Hijab

The Detroit News reports that the Michigan chapter of CAIR today will file suit against Wayne County Circuit Judge J. William Callahan. The suit will claim that the judge ordered a Muslim woman, Raneen Albaghdady, to remove her headscarf (hijab) during a hearing on her application to change her name. CAIR says that this violated her free exercise rights. Unlike a prior case in Detroit, here the woman's face was fully visible. YouTube has a video of part of the exchange between the judge and Albaghdady.

Paper Surveys Scope of Tax Exemptions for Church Property

Sunday's Rochester (NY) Democrat & Chronicle carries a lengthy investigative report on tax exemptions for local property held for religious use. It says that in 2008, the value of properties exempted from taxes for religious purposes in Monroe Count (NY) was almost $756 million. This includes not only church buildings, but parsonages (some of which are very expensive) and vacant land held for future religious use. Even church-owned property used for profit-making purposes remains exempt so long as the profits are reinvested in furthering the church and its ministries. [Thanks to Steven H. Sholk for the lead.]

Florida Governor's Western Wall Notes Seem To Work So Far

Florida Governor Charlie Crist told a group of real estate agents that when he visited Israel as part of a trade mission in 2007, he placed a note in the Western Wall in Jerusalem asking God to protect Florida from storms. No major hurricanes hit Florida that year. So when Florida state Sen. Nan Rich traveled to Israel in 2008, he asked her to do the same thing, and earlier this year Crist asked a friend who was traveling to Israel to put in a note for this year. So far this year, for the third consecutive year, no major storms have hit the state. JTA reported yesterday that Crist doesn't take credit for the lack of hurricanes. He says: "I leave that to God."

Some Claims Against Archdiocese In Clergy Abuse Case Can Proceed

Goebel v. Johnston, 2009 U.S. Dist. LEXIS 74242 (ED MO, Aug. 21, 2009), is a clergy sexual abuse case which was removed to federal court on diversity of citizenship grounds. This opinion involves rulings on motions by the Archdiocese of St. Louis to dismiss various claims against it that are part of the lawsuit. The court held that permitting plaintiff's negligent hiring, retention and supervision claims to proceed would not violate either the Establishment Clause or Free Exercise Clause of the 1st Amendment. In reaching this conclusions, the court said it must perform its own constitutional analysis. Defendants had argued that the court was required to dismiss because in a prior case the Missouri Supreme Court had held that the federal constitution precludes such claims. The court however dismissed plaintiff's breach of fiduciary duty claim finding that Missouri law does not recognize a cause of action for breach of fiduciary duties in a sexual abuse cases against clergy.

UPDATE: The court has issued an almost identical opinion in a similar abuse case brought by a different plaintiff. Perry v. Johnston, 2009 U.S. Dist. LEXIS 74706 (ED MO, Aug. 24, 2009).

Some Claims Dismissed In Sikh's Employment Discrimination Case Against IRS

In Tagore v. United States, 2009 U.S. Dist. LEXIS 74235 (SD TX, Aug. 21, 2009), a Texas federal district court dismissed a portion of the claims brought by a former Internal Revenue Service employee who was fired after she insisted on wearing her kirpan-- a ceremonial dagger worn by Sikhs-- in a Houston federal office building. The court held that plaintiff's Title VII employment discrimination claims preempt her claims under the Religious Freedom Restoration Act based on the same facts. It also held that the only proper defendant in her Title VII case is the Secretary of the Treasury. This leaves the Title VII claim plus a claim under RFRA against the Department of Homeland Security and its employees to move forward to trial. (See prior related posting.)

Utah Judge Orders Sale of Supposed Temple Site By FLDS Trust

In a state trial court in Utah yesterday, Judge Denise Lindberg issued an order for the sale of Berry Knoll Farm by the United Effort Plan Trust which holds property that belonged to the FLDS Church. FLDS Church members, many in polygamous relationships, as well as some who are no longer members, live on the land. The Merced (CA) Sun-Star reports that the controversial order was issued because the trust-- now under court supervision-- has nearly $3 million in debt with no income stream to provide for payment. The order gave court-appointed special fiduciary Bruce Wisan authority to seek bids and complete the sale. Traditional FLDS members oppose the sale because they believe Berry Knoll is a sacred site on which a future temple is to be built. (Background.) Last month, the same court rejected a settlement proposed by Utah's Attorney General in the complicated attempt to reform the UEP Trust. (See prior posting.)

School Girls In Gaza Must Wear Traditional Arab Dress

Both Haaretz and YNet News report today that authorities in the Gaza Strip are insisting that girls in government-run schools wear traditional Arab clothing to class. Girls not wearing the ghalabia (in dark blue) and a white head covering will be sent home. This continues a trend toward imposing Islamic norms in Gaza (see prior posting), though one official said that the move was aimed at easing parents' financial situation. Authorities also will only allow women to teach at girls' schools and men to teach at boys' schools. Some 250,000 students attend government schools, while 200,000 attend United Nations run schools. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Wisconsin Bishops Object To State's Mandate of Contraceptive Coverage In Health Policies

The Wisconsin Catholic Conference has issued a statement (full text) objecting to provisions in the state's new Budget Bill requiring health insurance providers to include contraceptive services as part of any plan coverage. The statement by the bishops says in part: "This mandate will compel Catholic dioceses, parishes, and other agencies that buy health insurance to pay for a medical service that Catholic teaching holds to be gravely immoral." CNA reported yesterday that only dioceses or Catholic agencies that are self-insured will not be covered by the mandate. The La Crosse and Superior dioceses are among those that self-insure. [Thanks to Pew Sitter for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Ayelet Shachar & Ran Hirschl, The New Wall of Separation: Permitting Diversity, Restricting Competition, (Cardozo Law Review, Vol. 30, pp. 2535-2560, 2009).
• Andrew F. March, Islamic Legal Theory, Secularism and Religious Pluralism: Is Modern Religious Freedom Sufficient for the Shari'a 'Purpose [Maqsid]' of 'Preserving Religion [Hifz Al-Din]?', (August 14, 2009).
• Mohammad Fadel, Islamic Politics and Secular Politics: Can They Co-Exist?, (Journal of Law and Religion, Vol. 25, No. 1, 2009).
• Martha Albertson Fineman, Religious Resistance to Family Law Reform in the US, (Emory Law Public Law Journal, Forthcoming).
• Andrew F. March, Taking People as They are: Islam as a 'Realistic Utopia' in the Political Theory of Sayyid Qutb, (APSA 2009 Toronto Meeting Paper).

From SmartCILP:

• Matthew R. Clark & Charles P. Misseijer, Through the Founders' Prism: Faith and Perspective at the Intersection of Law and Policy, 1 Regent Journal of Law & Public Policy 1-10 (2009).
• Jay A. Sekulow & Benjamin P. Sisney. Constitutionally Protected Parental Rights in Child-Custody Arrangements and the Impact of Religion on Children, 1 Regent Journal of Law & Public Policy 169-214 (2009).

Recent Books:

• Meera Nanda, The God Market: How Globalisation Is Making India Hindu, (Random House India, Aug. 2009), reviewed in LiveMint.
• John Micklethwait and Adrian Wooldridge, God Is Back: How the Global Revival of Faith Is Changing the World, (Penguin, April 2009), reviewed in Foreign Affairs.

10th Circuit Refuses To Stay Order On 10 Commandments Monument

On Friday, by a 2-1 vote, the U.S. 10th Circuit Court of Appeals denied a request by Haskell County, Oklahoma commissioners to allow them to keep their Ten Commandments monument in place on the court house lawn while the county seeks review in the U.S. Supreme Court of an order calling for the monument's removal. AP reports on the denial of a motion to recall and stay of the court's mandate. A panel of the 10th Circuit found that the monument violated the Establishment Clause. (See prior posting.) An evenly-divided 10th Circuit denied en banc review. (See prior posting.)

Meanwhile News OK reported on Friday that in Oklahoma City, the State Capitol Preservation Commission is debating where on the state Capitol gounds to locate a 10 Commandments monument authorized by legislation passed earlier this year. (See prior posting.)

Report Says Shiites On Trial In Jordan

The Associated Press reports today that in Jordan six Shiite Muslims are being tried before a closed military tribunal for instigating religious sectarianism in the majority Sunni country. The first of its kind trial apparently reflects Jordan's concern about the growing influence of Iran and Hezbollah movement in the country.

Court Hears Arguments In Challenge To State Humane Slaughter Act

In Everett, Washington last Friday, a state court judge heard arguments in a challenge by an animal rescue group to Washington state's Humane Slaughter Act. The group argues that the exemption for ritual slaughtering of animals (RCW 16.50.150) violates the Establishment Clause in the federal and Washington state constitutions, the federal equal protection clause and the state's privileges and immunities clause. Pasado’s Safe Haven, plaintiff in the case, has posted extensive background on the lawsuit. According to yesterday's Everett Herald, plaintiff's attorney argued that since slaughter without stunning an animal is legal only in ritual slaughter, the law unconstitutionally prescribes different punishments depending on one's religious belief. KING5 News says that plaintiff additionally argues that the law would allow someone to invent a religion as a defense to animal cruelty. The state, however, says that the law applies only to licensed slaughter houses and is an attempt to protect free exercise of religion. A decision in the case is expected later this year.

Philippine Presidential Race Draws Religious Leaders As Candidates

In the Philippines, two religious leaders have announced that they will run in next year's presidential elections, and a third is considering doing so. According to yesterday's Philippine Star, former Catholic priest Ed Panlilio, Governor of the province of Pampanga, was the first to announce. Then on Friday, Eddie Villanueva, leader of the Pentecostal Jesus is the Lord Church, accepted the nomination of the Bangon Pilipinas party. Now a signature campaign has been started by Brother Mike Velarde who is the lay leader of the Catholic Charismatic El Shaddai Movement. Supporters are seeking 10 million signatures. Incumbent President Gloria Macapagal-Arroyo is barred from running for another term in the election scheduled for next May. (Background.)

Satmar Police Recruit Files Religious Discrimination Complaint

Friday's Lower Hudson (NY) Journal News reports on a religious discrimination complaint filed with the EEOC against the town of Ramapo, New York and its police department by Baile Glauber who joined the Ramapo police force after being raised in the Satmar Hasidic Jewish community. She says that in her job interview, she was repeatedly questioned about her upbringing and how her religious observance would affect her ability to perform her police duties. She says officers then shunned her believing that her insular religious upbringing made it impossible for her to become part of the police family. Ramapo says it has followed the law, accommodating Glauber's need for time off for the Sabbath and Jewish holidays. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Recent Prisoner Free Exercise Cases

In Seneca v. Arizona, (9th Cir., Aug. 19, 2009), the U.S. 9th Circuit Court of Appeals reversed part of a district court's decision to dismiss an inmate's free exercise and RLUIPA claims. The appellate court held that plaintiff's challenge to the requirement for a verification letter to change religions was not moot. It also held that the trial court must reconsider whether prison policy limiting inmates to seven religious items had a compelling justification and was the least restrictive means of furthering the Arizona Department of Corrections' interests.

In King v. Sims, 2009 U.S. Dist. LEXIS 71669 (SD MS, Aug. 14, 2009), a Mississippi federal magistrate judge rejected a challenge by a Rastafarian prisoner to the state's grooming policy that prevented him from wearing his hair in dreadlocks.

In Carson v. Riley, 2009 U.S. Dist. LEXIS 73328 (WD MI, Aug. 19, 2009), a Michigan federal district court upheld a prison's denial of a strictly vegetarian Buddhist diet to an inmate after he displayed only minimal knowledge about Buddhism and its dietary requirements in an interview by the prison chaplain. Subsequently plaintiff was transferred to another facility where a vegetarian diet was more available.

In Nieves v. Patrick, 2009 U.S. Dist. LEXIS 73492 (ED CA, Aug. 19, 2009), a California federal magistrate judge recommended dismissal of a generalized allegation by an inmate that religion was not allowed into her prison unit.

In Mincy v. Deparlos, 2009 U.S. Dist. LEXIS 73604 (MD PA, Aug. 19, 2009), a Pennsylvania federal district court allowed plaintiff to move ahead with his free exercise and RLUIPA claims that various actions by prison officials denied him the ability to observe Ramadan.

Michigan Amends Faith Based Office's Charter To Reflect Federal Changes

On Thursday, Michigan Governor Jennifer Granholm announced that she had issued Executive Order 2009-41 to make changes in the document governing the state's office that reaches out to faith-based organizations. The changes to Executive Order 2005-6 are intended to mirror changes made at the federal level by the Obama administration. Michigan's office is now called the Governor's Office of Faith-Based and Neighborhood Partnerships. The executive order also adds the following to the functions previously outlined for the office:

3. Ensure that services paid for with state and federal funds are provided in a manner consistent with fundamental constitutional commitments guaranteeing the equal protection of the laws and the free exercise of religion and prohibiting laws respecting an establishment of religion.

4. Promote effective training for persons providing federally funded social services in faith-based and neighborhood organizations.

5. Promote the better use of program evaluation and research, in order to ensure that organizations deliver services as specified in grant agreements, contracts, memoranda or understanding, and other arrangements.

College In India Illegally Bans Hijab Under Hindu Student Pressure

In India, conflict between a Hindu student group and Muslim students has surfaced at SVS College in the Indian state of Karnataka. UAE's The National reported yesterday that officials at the private, state-assisted, college imposed an illegal ban on Muslim students wearing the hijab (headscarf) under pressure from the student branch of the right-wing Hindu Bharatiya Janata Party, the Akhil Bharatiya Vidyarthi Parishad (ABVP). Ever since the ABVP won college elections that gave it control of the student union, it has created unrest as it has pressed for a ban on the hijab and burqa. Because of the ban, 18-year old Aysha Asmin has stopped attending classes. Mangalore University, with which SVS is affiliated, has assured Asmin that it will help her find a different college where she can continue her studies. Meanwhile a district official has urged penalizing SVS for imposing the "unconstitutional" hijab ban.

Bolivia-Vatican Sign Treaty On Social Services

Zenit reports that on Thursday the Vatican and Bolivia signed a Treaty of Inter-Institutional Cooperation. In the treaty, Bolivia recognizes the importance of the Catholic Church's social services in the country. The Church, in turn, agrees to give more attention to the most depressed areas of Bolivia, support government social policies in the framework of Catholic social thought, and to report periodically on its progress in these areas.