Minnesota Senator's State Fair Joke Misfires

Op Ed News reported on an awkward lack of religious sensitivity by Minnesota U.S. Senator Amy Klobuchar yesterday during CNN correspondent John King's interview with her at the Minnesota State Fair. (Transcript). As King bantered about items the Republicans were handing out at the Fair, Klobuchar replied: "I have for you chocolate covered bacon, one of our fair delicacies. I'd like you to eat it on the air." King adamantly refused, but joked, "at least this is not on a stick." King converted to Judaism last year (report from Soup Cans) in advance of marrying Dana Bash who is also a CNN correspondent.

Recent Articles of Interest

From SSRN:

• Jackson Nyamuya Maogoto, Legalising Divorce in the Republic of Ireland: A Canonical Harness to the Legal Liberation of the Right to Marriage Among the Disenfranchised, (September 1, 2009).
• John D. Inazu, No Future Without (Personal) Forgiveness: Re-Examining the Role of Forgiveness in Transitional Justice, (Human Rights Review, Vol. 10, 2009).
• Patrick Parkinson, Christian Concerns with the Charter of Rights, (Sydney Law School Research Paper No. 09/72, Aug. 31, 2009).
• Louis J. Virelli, Administrative Evolution, (Stetson University College of Law Legal Studies Research Paper Series Research Paper No. 2009-05, Sept. 3, 2009).
• Pnina Lahav, Seeking Recognition: Women's Struggle for Full Citizenship in the Community of Religious Worship, (Boston University School of Law Working Paper No. 09-33, July 30, 2009).
• Steven Douglas Smith, Discourse in the Dusk: The Twilight of Religious Freedom, (Harvard Law Review, Vol. 122, p. 1869, 2009).

From SmartCILP:

• Joshua B. Gessling, From Ankara to Strasbourg: Developing a Comprehensive Supranational Litigation Strategy for Patriarchal Preservation in Turkey, 15 Buffalo Human Rights Law Review 109-157 (2009).
• Puja Kapai & Anne S. Y. Cheung, Hanging In a Balance: Freedom of Expression and Religion, 15 Buffalo Human Rights Law Review 41-79 (2009).
• Judith E. Koons, Engaging the Odd Couple: Same-Sex Marriage and Evangelicalism in the Public Square, 30 Women's Rights Law Reporter 255-288 (2009).
• Gerard Magill, Using Excess IVF Blastocysts for Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular and Religious, 37 Hofstra Law Review 447-485 (2008).

South African Lawsuit Challenges Halal Certification Organization

Today's Johannesburg Times reports on a lawsuit that has been filed in South Africa in the High Court in Johannesburg by the Muslim organization "Scholars of Truth." The group seeks to stop the South African National Halal Association (Sanha) from continuing to act as a certifier of Halal chickens. Scholars of Truth, which criticizes Sanha for being a commercial, profit-making business, says that allegations of dishonesty and fraud have been made against Sanha. Sanha has asked the court to dismiss the lawsuit, saying that it should be left to the conscience of individual Muslims whether or not they wish to rely on Sanha's certification. Sanha also argues that plaintiffs lack standing to bring their challenge. Sanha's website says that Sanha is a non-profit organization whose fees merely cover costs. However Islamic scholar Mufti Afzal Hoosen Elias argues that no fees at all should be charged for Halal certification.

In India, Suit Threatened Over Compulsory Hindu Prayer In Schools

The education minister of the Indian state of Madhya Pradesh last month ordered that beginning Sept. 5, all students in schools that participate in the state-run lunch program must recite the "bhojan mantra" before their mid-day meals. IANS reports today that a group of socio-cultural organizations will file suit in the Madhya Pradesh high court asking that the court order an end to the practice. In a memorandum submitted to the state's governor, the groups argue that the new order divides students and teachers on the basis of religion. Muslim and Christian groups object to introduction of the Hindu practice. [corrected]

UPDATE: An earlier article from Thaindian News gives more background as well as setting out the specific bhojan mantra that is prescribed (different from the one to which I earlier linked). This posting comment from "Erp" sets out more detail.

Large Churches Face Zoning Hurdles

Today's Baltimore Sun carries an interesting analysis of zoning opposition to building of mega-churches (and similarly large synagogues and mosques). Dave Travis, a consultant who tracks these trends says: "There's still a general impression that most churches are small: The white frame church down there on the corner, the little brick building that has a hundred people. Just the fact that you've got a church with a couple thousand people seems abnormal to lots of people." Some large churches are instead pursuing a multi-site strategy.

Recent Prisoner Free Exercise Cases

In Houseknecht v. Doe, 2009 U.S. Dist. LEXIS 77950 (ED PA, Aug. 28, 2009), a Pennsylvania federal district court rejected an inmate's complaint that his rights under the Free Exercise Clause and RLUIPA were infringed when, because he was placed in protective custody, he was denied access to formal worship services and formal Bible study classes. He was instead permitted to meet with a chaplain. The court allowed plaintiff additional discovery on his retaliation claim.

In Sumahit v. Parker, 2009 U.S. Dist. LEXIS 78973 (ED CA, Sept. 3, 2009), a California federal magistrate judge recommended rejection of a prisoner's free exercise claim, finding that he had not described how restrictions on his access to Native American religious services burdened his ability to practice his religion.

In Johnson v. Sisto, 2009 U.S. Dist. LEXIS 78943 (ED CA, Sept. 2, 2009), a Rastafarian prisoner complained that he was denied access to a vegan diet as required by his Rastafarian faith. A California federal magistrate judge recommended that most of his claims be dismissed because the defendants he sued lacked authority to provide him with a religious diet unless he obtained a religious diet card through the chaplain. However the magistrate recommended that plaintiff be permitted to proceed on his claim that on one occasion, when he was entitled to it, he was denied a religious diet meal.

In Jackson v. Verdini, (MA App. Ct., Aug. 21, 2009), a Massachusetts state appeals court affirmed (with a minor modification) a lower court's holding that the Department of Corrections provide an additional Imam to perform weekly Jum'ah services and that female officers be prohibited from touching the genital or anal areas of any male Muslim inmates except in emergency situations.

In Sandeford v. Plummer, 2009 U.S. Dist. LEXIS 79571 (ND CA, Sept. 1, 2009), a California federal district court allowed plaintiff to move ahead with free exercise and equal protection challenges. Plaintiff alleged that jail staff failed to grant his request for an "Islamic Diet," access to Islamic religious services, and permission to wear a Kufi cap.

In Kaiser v. Shipman, 2009 U.S. Dist. LEXIS 79413 (ND FL, Aug. 4, 2009), a Florida federal magistrate judge recommended dismissal of Free Exercise and RLUIPA claims by an inmate who was not permitted to keep in his personal possession tarot cars, an alter cloth and runes to practice his faith,which prison authorities classified as Wiccan.

In Price v. Caruso, 2009 U.S. Dist. LEXIS 79199 (ED MI, July 16, 2009), a Michigan federal magistrate judge recommended that a Jewish prisoner's monetary damage claim under RLUIPA be dismissed on sovereign immunity grounds, even though factual issues remained as to whether RLUIPA was violated by a ban on Jewish prisoners traveling between prison complexes to hold Sabbath services (in order to obtain 10 persons for a minyan).

In Burns v. Smith, 2009 U.S. Dist. LEXIS 79525 (WD LA, July 16, 2009), a Louisiana federal magistrate judge refused to dismiss free exercise and RLUIPA claims by a pre-trial detainee challenging a detention center's apparent policy of withholding church services to detainees or inmates placed in lockdown for medical reasons.

In Muhammad v. McNeil, 2009 U.S. Dist. LEXIS 79409 (ND FL, July 6, 2009), a Florida federal magistrate judge recommended dismissal of two claims brought by a Muslim prisoner. Plaintiff sought a strict Halal diet that also took account of his medical needs for a meat-based low-residue diet. He also sought, for religious reasons, access to a dentist (at his family's expense) to remove 16 gold crowns installed in his youth which he says now violate his religious beliefs.

Christian Groups Are Proselytizing Dearborn, Michigan's Muslims

Today's Detroit Free Press reports that at least eight Christian groups from across the United States have organized proselytization campaigns aimed at Dearborn, Michigan's large Islamic population. The efforts have already resulted in various lawsuits (see prior postings 1, 2), assertions that opponents of the efforts are stifling free speech, and debates about how Islam can co-exist with Christianity in the West. One Christian group spent at least $67,000 on its activities in Dearborn this summer. Some of the Christian-Muslim encounters have become confrontational. Commenting on the increased activity, Eric Haven, executive pastor at Woodside Bible Church in Troy, Michigan said: "For years, Christians have sent missionaries around the world to proclaim the gospel of Christ. In this day and age, the world is coming to America. ... So, it's a great opportunity."

Louisiana Governor's State-Paid Trips To Churches Raise Controversy

Controversy between Louisiana Governor Bobby Jindal and his critics has been escalating since an article in the New Orleans Advocate a week ago disclosed that at least 15 times this year Jindal used his state helicopter to attend church services around the state. Jindal says he also uses the occasssions to talk with local officials. (Last year, Americans United criticized similar visits by Jindal.) Rev. Welton Gaddy, president of the Interfaith Alliance, but also pastor of a Baptist Church in Monroe, Louisiana, this week wrote Jindal complaining about the taxpayer-funded trips. (Full text of letter.) He wrote in part: "For the sake of religion, please do not politicize houses of worship in Louisiana and rob those of us who minister there of the credibility that allows our faith to be a healing force in our state and across our land."

ABP reports that a Jindal spokesperson reacted to Gaddy's letter by saying : [The Interfaith Alliance] opposes putting crosses up in honor of fallen policemen, has attacked the National Day of Prayer and advocates for same-sex marriage, so it's not surprising that they are attacking the governor for accepting invitations to speak at Louisiana churches." [Thanks to Blog from the Capital for the lead.]

Wisconsin County Seeks Compromise To Avoid Liability Over Monument

In Chippewa County, Wisconsin, officials are scrambling to come up with an acceptable compromise over feared church-state challenges to a monument that was put up on the grounds of the County Building. As reported by KBJR-TV, Business North and Chippewa Valley Newspapers, a private committee came up with plans for a monument to Chippewa County Deputy Jason Zunker who was struck and killed in January 2008 while directing traffic. The 3-panel monument includes a lengthy quote from Deputy Zunker exhorting individual to accept Jesus. The County Building and Grounds Committee approved the monument without knowing what would be on it and without further oversight. Last month the county told the memorial committee to remove the center panel of the monument containing the religious language. On Thursday, however, the county offered a compromise that would leave the panel up if the Jason Zunker Memorial Committee would accept liability in case a lawsuit was filed. One report says that under the compromise, the Memorial Committee would be responsible for all litigation; another says that the county would defend at trial but the Memorial Committee would be responsible for any appeal. Whichever it is, the Memorial Committee has until Oct. 1 to decide whether to accept the compromise.

White House Visitor Logs Will Now Be Routinely Released; Lawsuits Settled

ABC News reported yesterday that the Justice Department has settled several Freedom of Information Act lawsuits brought by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW). All the suits seek release of logs identifying visitors to the White House and the Vice President's Residence. One of the suits sought records of visits of nine prominent conservative Christian leaders to the Bush White House and Vice President Cheney's residence. (See prior posting.) Other of the lawsuits sought records from the Obama administration. On Thursday, the Justice Department released a letter (full text) summarizing the settlement agreement under which it will release the requested records. In addition, the White House will change its policy for the future and will release the names of White House visitors and the officials with whom they met. Release will be made monthly online, with a 3 to 4 month reporting delay and with certain redactions for national security and privacy purposes. Yesterday CREW issued a statement announcing the settlement.

3rd Circuit Tells BIA: Reconsider Whether Iran May Torture Christian Convert

In Ghaziaskar v. Attorney General for the United States, (3d Cir., Sept. 3, 2009), the U.S. 3rd Circuit Court of Appeals, while upholding a portion of the Board of Immigration Appeal's determinations, remanded to BIA the claim by an Iranian immigrant that if he were deported to Iran it is more likely than not that he would face torture. If he can show that, he would be entitled to have his deportation delayed under the Convention Against Torture. Part of Ghaziaskar's claim was that his conversion to Christianity could subject him to torture. The Immigration Judge questioned Ghaziaskar's credibility, but the 3rd Circuit said that the judge failed to consider the practices of Christian churches in Iran. He also failed to consider current conditions in Iran. The Legal Intelligencer reports on the decision.

Italian Prime Minister In Historic Feud With The Vatican

Today's Brisbane (Australia) Times reports from Italy on what it calls an historic and potentially disastrous schism between Italian Prime Minister Silvio Berlusconi and the Vatican. It all began when the Italian daily la Repubblica began repeatedly to ask Berlusconi to explain his relationships with several young women, including an aspiring teen model from Naples. Berlusconi responded by filing a libel suit against la Repubblica, and threatened to sue several other newspaper. European media sharply criticized Berlusconi's attack on the press, and so did the Vatican by cancelling the annual dinner traditionally shared with the Prime Minister after the Perdonanza Mass, a centuries-old service for the forgiveness of sin. Berlusconi responded by cancelling his attendance at the Mass in the earthquake-torn town of L'Aquila. However he also began a counter attack using a newspaper owned by his brother to attack the editor of Avvenire, Italy's main Catholic newspaper.

The Berlusconi paper called Catholic editor, Dino Boffo, a homosexual and claimed he was being sued by the wife of a man he was in a relationship with. Boffo was supported by a public statement from the Vatican, but on Thursday, after issuing a detailed rebuttal and explanation of the allegations, Boffo resigned. He charged his opponents with ''media butchery.'' Brisbane's Times says: "The rift between Mr Berlusconi's administration and the Vatican is now being read as the most serious battle between church and state since World War II."

Iowa School District Unveils Revised Religious Liberty Draft Policy

After withdrawing its original draft policy on religious liberty in schools (see prior posting), Spencer, Iowa school officials today unveiled a new draft (full text). It provides in part:

Teachers shall prepare and teach lessons throughout the year and throughout the curriculum that:

• Approach religion as academic, not devotional
• Strive for student awareness of religions, not acceptance of religions
• Study about religion, but do not practice religion in the classroom
• Expose students to diversity of religious views, not impose any particular view
• Educate about a variety of religions, not promote or denigrate religion
• Inform students about various beliefs, not conform students to any particular belief
• Demonstrate the impact of economic, social, political and cultural effects of religion throughout history
• Are age appropriate

The Spencer Daily Reporter covers these developments.

Obama Issues Proclamation On Remembrance of 9-11 Victims

President Obama yesterday issued a Proclamation (full text) declaring Sept. 4-6 as National Days of Prayer and Remembrance 2009. The Proclamation focuses on the victims of the Sept. 11, 2001 terrorist attacks as well as on members of the armed forces "who work every day to keep our Nation safe from terrorism and other threats to our security." The Proclamation requests: "that the people of the United States, each in their own way, honor the victims of September 11, 2001, and their families through prayer, memorial services, the ringing of bells, and evening candlelight remembrance vigils."

Controversy Persists Over Virginia Gubernatorial Candidate's 20-Year Old Thesis

A controversy has been developing in Virginia this week over the masters' thesis written twenty years ago by now Virginia Republican gubernatorial candidate Robert F. McDonnell. (Washington Post 8/30.) The 93-page thesis titled The Republican Party's Vision for the Family: The Compelling Issue of the Decade was written while McDonnell was a student at what is now Regent University, founded by Pat Robertson. The Washington Post described the thesis:

McDonnell described working women as "detrimental" to the traditional family. He criticized a U.S. Supreme Court decision legalizing contraception for unmarried couples and decried the "purging" of religion from schools. He advocated character education programs in public schools to teach "traditional Judeo-Christian values," and he criticized federal tax credits for child care expenditures because they encouraged women to enter the workforce.

In this week's Atlantic, Wendy Kaminer examines whether or not the thesis is relevant to today's campaign given McDonnell's statements that some of his views expressed in the thesis have changed. Kaminer says she still has questions. For example, she writes: "Reading McDonnell's thesis, which relies on slogans, political talking points, and declarations of faith more than argument, I also wonder if he's developed his capacity for nuanced, rational thought." [Thanks to Scott Mange for the lead.]

Opinion Issued In Case Ordering Parochial School Student Into Public School Band

A Pennsylvania federal district court has now issued a detailed written opinion explaining the temporary restraining order it issued last week (see prior posting) requiring the the Burrell (PA) High School to permit a student who transferred to a parochial school to remain in the high school band. In Trefelner v. Burrell School District, 2009 U.S. Dist. LEXIS 78785 (WD PA, Sept. 2, 2009), the court held that the free exercise rights of Alexander Trefelner, an eighth grade saxophone player, were infringed by the school's policy. The policy, by permitting exceptions for home-schooled students and students attending charter schools, favors secular over religious motivations. The policy is not a neutral policy of general applicability. The reasons advanced for allowing home and charter schooled students to participate apply equally to parochial school students.

Jury Rejects Dance Teacher's Religious Discrimination Claim

In San Diego, California yesterday, a state court jury rejected a former public school dance teacher's religious discrimination lawsuit against the Lemon Grove (CA) School District. According to 10News, Kathy Villalobos claimed the school district fired her for playing dance music containing religious lyrics. However the jury believed the school board that argued Villalobos was fired for missing and cancelling classes. School officials said Villalobos was merely told that if she was going to use religious music, it should be from a wide variety of religions. Villalobos says she plans to appeal the decision.

Groups Urge Change In Senate Bill To Permit Head Coverings In Drivers License Photos

Yesterday more than a dozen religious advocacy and interfaith groups sent a letter (full text) to the chairman and ranking member of the Senate Homeland Security and Governmental Affairs Committee urging them to support an amendment to S. 1261, the PASS ID Act, that is pending in the Senate. The bill pressures states to issue drivers licences and identification cards that contain a digital photograph and other security features. The letter urges that specific language be added to the bill to protect the right of individuals to wear religious head coverings without removal or modification in driver's license and other identification photos. The letter explains: "Our request relates specifically to turbans, yarmulkes, hijabs, and other religious headcoverings; it does not relate to items that conceal the face." Even though language currently in the proposed bill calls for the Department of Homeland Security to issue regulations that include protections for constitutional rights and civil liberties of applicants for licenses and ID cards, apparently DHS does not believe that the language allows them to require states to permit head coverings to be worn in license photos.

Court Enforces Biblically Based Arbitration Agreement

In Easterly v. Heritage Christian Schools., Inc., 2009 U.S. Dist. LEXIS 76269 (SD IN, Aug. 26, 2009), an Indiana federal district court enforced a Biblically-based arbitration agreement between a high school English teacher and the Christian school at which she was employed for some 20 years before she was forced from her job. The contract required teacher Dorothy Easterly to "to resolve differences with others (parents, fellow-workers, Administration) by following the biblical pattern of Matthew 18:15-17," and if that failed to submit any controversy to mediation and binding arbitration conducted under the "Rules of Procedure for Christian Conciliation." The court rejected Easterly's claim that the arbitration agreement was vague, that it deprived her of her ability to vindicate rights protected by disability and age discrimination statutes, and that the procedures were procedurally inadequate. [Thanks to Michael Francisco for the lead.]

Canadian Tribunal Says Internet Hate Speech Law Is Unconstitutional

In a 107-page opinion handed down yesterday, the Canadian Human Rights Tribunal (CHRT) held that Canada's Internet hate speech law is unconstitutional. The CHRT is an adjudicative body that hears discrimination charges referred to it by the Canadian Human Rights Commission. In Warman v. Lemire, (CHRT, Sept. 2, 2009), an opinion by Tribunal member Athanasios Hadjis held that amendments adding monetary penalties to the hate speech law since a 1990 Canadian Supreme Court decision upholding it now make the statute's infringement of free expression disproportionate to the law's objectives. The opinion reasons:

The Supreme Court held in Taylor that despite not requiring any proof of intent to discriminate, s. 13(1) only minimally impairs freedom of expression principally because the Act’s purpose is to prevent discrimination (as well as compensating and protecting the victim), rather than punish moral blameworthiness. ...S. 13(1) has, since the 1998 amendments, lost the exclusively compensatory and preventative features that characterized it in the eyes of the majority in Taylor. Following the Court's reasoning, it can therefore no longer be concluded that the provision still minimally impairs the Charter guaranteed freedom of expression.

Canadian Press reports on the decision. The Ottawa Citizen says that an appeal to the Federal Court of Canada is likely because two other previous Tribunal decisions found the statute constitutional. [Thanks to PewSitter for the lead.]