Lawsuit Seeks To Halt Baptist Group's National Election

In Washington, D.C. yesterday, Rev. Henry J. Lyons of Tampa, Florida filed a lawsuit attempting to enjoin Thursday's scheduled election for president of the National Baptist Convention USA-- the oldest and largest predominantly Black religious denomination in the U.S. The election is being held in connection with the Convention's Annual Session in Memphis. AP reported yesterday on the move by Lyons who was forced out as president of the denomination in 1999 after he was charged with stealing for personal use some $4 million of the church group's funds. He was convicted and served nearly 5 years in prison. An earlier AP story has more background on Lyon's run for office. Lyons' lawsuit claims that the denomination's new bylaws governing who can vote in the election violate its constitution.

UPDATE: AP reports that at a hearing on Wednesday, D.C. Superior Court Judge Jeanette J. Clark denied Lyons motions for a temporary restraining order and a preliminary injunction. This allows the election to proceed as scheduled on Thursday. The judge concluded there is no conflict between the Convention's bylaws and constitution, and that Lyons waited until the "last minute" to raise issues regarding election procedures.

UPDATE2: Press of Atlantic City reports that Delegates at the annual meeting of the National Baptist Convention USA on Thursday elected Rev. Julius R. Scruggs as president, defeating Rev. Henry Lyons, by a vote of 4,108 to 924.

California Legislature Orders More Police Training On Dealing With Sikh Kirpan

Last week, the California legislature passed and sent to the Governor for his signature AB 504 mandating additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. Yesterday's Oakland Tribune says that Sikhs have been arrested for wearing the kirpan-- a ceremonial dagger-- by officers who approach them in a disrespectful way and assume they have been involved in a crime. The bill requires the Commission on Peace Officer Standards and Training to develop training material on recognizing and interacting with Sikhs possessing articles of faith. The updated training material is to include "the alternatives to arrest and detention that have been successfully used by law enforcement officers when contacting a Sikh carrying a kirpan with a benign intent and in accordance with an integral part of his or her recognized religious practice." Around 100,000 Sikhs live in the San Francisco Bay area.

Arizona Supreme Court Rejects Free Exercise Defense To Marijuana Charges

In State of Arizona v. Hardesty, (AZ Sup. Ct. Sept. 8, 2009), the Arizona Supreme Court rejected an atempt by a member of the Church of Cognizance to raise a defense under Arizona's Free Exercise of Religion Act to prosecution for possession of marijuana. Marijuana is a sacrament of the church, and defendant claimed an unlimited religious right to use it anywhere in any quantity. The court held that the state's total ban on marijuana is the least restrictive means to carry out its compelling interest in protecting health, its interest in protecting against the threat to safety that arises from marijuana trafficking and its interest in preventing driving while under the influence of drugs. AP yesterday reported on the decision.

9th Circuit: It Was OK To Ban Ave Maria From High School Graduation Ceremony

In a 2-1 decision yesterday in Nurre v. Whitehead, (9th Cir., Sept. 8, 2009), the U.S. 9th Circuit Court of Appeals held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. Responding Judge Smith's dissent, the majority in an opinion written by Judge Tallman said:

... [W]e do not seek to remove all religious musical work from a school ensemble's repertoire. Nor do we intend to substantially limit when such music may be played. We agree ... that religious pieces form the backbone of the musical arts. To ignore such a fact would be to dismiss centuries of music history. Instead, we confine our analysis to the narrow conclusion that when there is a captive audience at a graduation ceremony, which spans a finite amount of time, and during which the demand for equal time is so great that comparable non-religious musical works might not be presented, it is reasonable for a school official to prohibit the performance of an obviously religious piece.

Bay City News yesterday reported on the decision.

Magistrate Says Remove "Five Percenters" From Prison "Security Threat Group" List

The Nation of Gods and Earths / Five Percenters (NGE) -- an offshoot group of the Nation of Islam -- is classified by many prison systems as a Security Threat Group (STG). (Background.) Last month in Hardaway v. Haggerty, (ED MI, Aug. 17, 2009), a Michigan federal magistrate judge recommended that the STG designation be removed from the group. Magistrate Judge R. Steven Whalen said that the crucial issue in the case is whether NGE is a "religion" or merely a "secular gang." Finding on the basis of competing expert testimony that NGE fits the definition of a religion, he went on to apply the struct scrutiny test of RLUIPA to the burden placed on NGE adherents by the designation and by the concomitant prison ban on all the group's publications. Finding that the STG designation was based on the group's racialist ideology which is religious in nature, he concluded that "outlawing the entire religion and imposing a total ban on the group’s publications does not further an otherwise compelling state interest in prison security." AP today reported on the decision.

Defiant Sudanese Journalist Sentenced For Wearing Pants

In Khartoum, Sudan yesterday the high profile trial of a defiant woman journalist who is challenging the country' sharia-based laws relating to dress requirements resumed. (See prior posting.) The Los Angeles Times reports that journalist Lubna Ahmed al-Hussein was convicted of public indecency for wearing pants at an outdoor cafe. At her trial Hussein wore the same pants. After the conviction, the judge, instead of sentencing defendant to the expected 40 lashes, merely imposed a fine of $200. Hussein however refused to pay and was then sentenced to a month in jail. When she was charged, Hussein worked for the United Nations. Wanting to make a public issue of Sudan's laws, she resigned so that her case would not be dismissed on immunity grounds. She also sent e-mail invitations to journalists and diplomats asking that they attend her sentencing. Not surprisingly, Hussein's lawyer says that the conviction will be appealed to Sudan's Supreme Court.

Kentucky High School Team's Trip To Revival Raises Parental Concerns

In Breckinridge County, Kentucky, some Breckinridge County High School parents are upset about a bus trip for the football team organized last month by Coach Scott Mooney. USA Today yesterday reported that the trip to Franklin Crossroads Baptist Church included a revival at which 8 or 9 of the 20 players attending were baptized. Superintendent Janet Meeks, also a member of the church, defended the trip as voluntary. She was there and viewed the baptisms without raising any objections. A public school bus was used to transport the team to church, but another coach used personal funds to pay for gas. The church's pastor, the Rev. Ron Davis, said that he requires minors to obtain their parents' consent to be baptized. He said though that sometime high schoolers look older than they are.

New Religious Education Law Being Drafted In Kyrgyzstan

Forum 18 yesterday reported on the draft text of a new Law on Religious Education and Educational Institutions that is being drafted by Kyrgyzstan's State Agency for Religious Affairs (SARA). Kanybek Osmonaliev, had of SARA, says a new law is needed in order to reduce the number of Islamic educational institutions and to require them to offer a proper balance of religious and secular subjects. The proposed law would require all religious education institutions to register with the SARA and be licensed and accredited by the Education Ministry. SARA recommends that 30% of courses be required to be secular. Religious education will be permitted only in full-time institutions, and educational requirements are imposed for those who teach religious courses. Government approval will be required before adults may go abroad for religious training, and minors will be barred from studying religion abroad.

Dress Code Loosened For Women Lawyers In Gaza

In Gaza, the Supreme Justice Council last week announced that, contrary to a pronouncement in July, female lawyers will not be required to wear traditional Islamic dress when appearing in court. YNet News reported Sunday that in a press release the Council said: "female lawyers are asked only to appear in modest dress from now on." Apparently the reversal was in response to widespread criticism of an earlier pronouncement requiring Muslim head scarfs which was issued not by the full Council, but by Supreme Court chief justice Abdul-Raouf Halabi personally. (YNet News, July 26).

Meanwhile last week Human Rights Watch criticized the Islamic dress code that has been imposed on school girls in Gaza. HRW's press release stated: "... since the school year opened in late August, schools have been turning away female students for not wearing a headscarf or traditional gown, on the basis of new unofficial orders to schools from Hamas authorities.... Previously, the uniform typically required for female public school students was a long denim skirt and shirt. The new orders appear to have been issued without any legal basis."

Bishops' Labor Day Statement Highlights Unionization Principles For Catholic Health Agencies

The U.S. Conference of Catholic Bishops has issued its Labor Day 2009 statement, The Value of Work; The Dignity of the Human Person. The statement highlights an elaborate agreement reached in June on unionization of workers at Catholic health care facilities. More than ten years of discussions between two major unions, Catholic health care agencies and the Bishops Conference led to the report: Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions. Here is an excerpt from The Foreword to the document:

This document reflects and applies longstanding principles of Catholic teaching. It encourages civil dialogue between unions and employers focusing on how the workers’ right to decide will be respected. Under the agreement, management agrees not to use traditional anti-union tactics or outside firms that specialize in such tactics and unions agree to refrain from publicly attacking Catholic health care organizations.

Separately, on the Labor Day theme, here are brief "Historical Highlights of the Religion-Labor Movement" reprinted from the Interfaith Worker Justice website.

Connecticut Diocese Plea to Stay Release of Abuse Records Referred To Full Supreme Court

As previously reported, the Bridgeport, Connecticut Roman Catholic Diocese has been trying to obtain a stay of an order issued in May by the Connecticut Supreme Court requiring release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. The documents, under seal since the cases were settled in 2001, are being sought by 4 newspapers. Planning to ask the U.S. Supreme Court for review, the Diocese petitioned Justice Ginsburg to grant a stay of the Connecticut order pending filing and disposition of a writ of certiorari. She refused. Then, in an unusual move, the Diocese submitted a request to Justice Scalia to grant the stay. Now it appears that Justice Scalia thinks the entire Court should decide whether or not a stay should be granted. The Supreme Court's docket entry in Bridgeport Roman Catholic Diocesan Corporation v. New York Times indicates that on Sept. 2, Justice Scalia distributed the refiled application for a stay for consideration by the Justices at their Sept. 29 conference.

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.