Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released

There are at least two new developments in the case of Rifqa Barry, the 17-year old convert to Christianity who fled to Florida from Ohio, saying she was afraid that her Muslim family would kill her or send her back to Sri Lanka. Yesterday Florida Judge Daniel Dawson issued an order to the Florida Department of Children and Families to relinquish its emergency jurisdiction over the girl and arrange for her to be transported to the proper authorities with Franklin County Children Services in Ohio. The order was issued after the judge received the paperwork he had requested showing the girl's immigration status and confirming that she could remain enrolled in on online school in which she started while in Florida. (MyFoxSpokane; 13CentralFloridaNews). (See prior posting.) Also yesterday, Florida's Department of Law Enforcement released the full transcript of its interview with the girl on Aug. 24 shortly after she arrived in Florida. (See prior posting.)

Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform

Earlier this month, the U.S. Conference of Catholic Bishops sent a letter (full text) to every member of Congress saying that the Bishops "will have no choice but to oppose the bill" if the final legislation does not meet three principles they have set out: (1) Exclude mandated coverage for abortion, and incorporate longstanding policies against abortion funding and in favor of conscience rights; (2) Adopt measures that protect and improve people's health care; and (3) Include effective measures to safeguard the health of immigrants, their children and all of society. In response to the letter, Rhode Island Rep. Patrick Kennedy told CNS News Thursday (in part):

I can't understand for the life of me how the Catholic Church could be against the biggest social justice issue of our time where the very dignity of the human person is being respected by the fact that we're caring and giving health care to the human person – that right now we have 50 million people who are uninsured. You mean to tell me the Catholic Church is going to be denying those people life saving health care? I thought they were pro-life.

Now, according to AP, Rhode Island Catholic Bishop Thomas Tobin has responded to Kennedy's statement, saying:

Congressman Kennedy continues to be a disappointment to the Catholic Church and to the citizens of the state of Rhode Island. I believe the Congressman owes us an apology for his irresponsible comments.

[Thanks to Scott Mange for the lead.]

Wiccan Sues For Employment Discrimination

A Hartford, Connecticut woman who was employed as a sales manager for Bath and Body Works filed suit alleging employment discrimination, wrongful termination and infliction of emotional distress after she was fired because she was a follower of Wicca. The complaint (full text) in Uberti v. Bath and Body Works, LLC, (D CT, file 10/15/2009), filed in a Connecticut federal district court, alleged that Gina Uberti's new regional manager objected to her practice of taking a week of her vacation time in October to travel to Salem, Massachusetts to celebrate Samhain (the start of the New Year). Her former manager had approved the vacation time. However her new manager questioned her priorities in light of a project being rolled out by the company and fired her, saying: "I will be damned if I have a devil-worshipper on my team." Yesterday's Courthouse News reported on the lawsuit. [Thanks to "Janus" for the lead.]

Challenge To Illinois Drivers License Rules Survives Motion To Dismiss

In Baer-Stefanov v. White, 2009 U.S. Dist. LEXIS 98132 (ND IL, Oct. 22, 2009), an Illinois federal district court rejected the Illinois Secretary of State's motion to dismiss a lawsuit challenging the Illinois statute and regulations governing issuance of drivers licenses to individuals who have religious objections to furnishing their social security number. The statute and regulations grant an exemption, but only if the applicant includes a statement from his or her religious leader that use of a social security number is against the applicant's faith. Also the statute permits the Secretary of State to determine which religious orders or sects have bona fide religious convictions that prohibit applying for a social security number. Plaintiffs challenged these provisions on free exercise and equal protection grounds, as well as under the Illinois Religious Freedom Restoration Act.

First German Bank To Offer Sharia Financial Products Will Open

Today's Spiegel reports that the first bank in Germany to offer Sharia-compliant financial products to German Muslims will open next year in Mannheim. Kuveyt Turk Beteiligungsbank will have a large potential market since four million Muslims who live in the country. German financial regulators will host an international conference next week to discuss promoting financial institutions that offer Islamic products.

9th Circuit Hears Oral Arguments In Student Speech Appeal

On Tuesday, the 9th Circuit Court of Appeals hear oral arguments in Arizona Students for Life v. Crow. At issue is the extent to which the University may require a student group to show proof of insurance in order to display a pro-life exhibit or hand out literature from a table on campus. ASU attorneys say the university has put in place a less restrictive policy since the incident in question, but the student group says it is entitled to damages, and that there are still concerns about future problems. LifeNews reported that during oral arguments Judge Alex Kozinski suggested that it would be better for the parties to attempt to settle the case out of court. Retired U.S. Supreme Court Justice Sandra Day O’Connor sat on the panel that heard the case. The 9th Circuit has posted a recording of the full oral arguments online.

Iranian Cleric Says Nuclear Weapons Violate Islamic Law

Intelligence and Terrorism Information Center reported this week that a senior cleric in Iran, Ayatollah Hossein-Ali Montazeri, has issued a fatwa stating that developing and using nuclear weapons are a violation of Muslim religious law. His ruling said that the use of nuclear weapons would lead to the deaths of innocent people and harm future generations. The report says that in the past, other Iranian clerics have issued competing rulings on the issue. In the past, senior Iranian figures have claimed that Supreme Leader Ayatollah Ali Khamenei issued a fatwa (never made public) prohibiting the development of nuclear weapons.

B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law

In Canada, British Columbia's Attorney General has decided that instead of appealing the dismissal of polygamy charges that were filed against the leaders of two FLDS factions, (see prior posting) the province will instead ask the British Columbia Supreme Court for clarification on the law. CBC News reported yesterday that the Attorney General will ask the Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms, and to clarify the meaning of the provisions of Section 293 of the Criminal Code. In a press release, the Attorney General said: "Until Canadians and the justice system have clarity about the constitutionality of our polygamy laws, all provinces, including ours, face a lengthy and costly legal process in prosecuting alleged offences." The Province has published a helpful timeline of developments in the long-running case.

9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers

The U.S. 9th Circuit Court of Appeals has now released its opinion in John Doe #1 v. Reed, (9th Cir., Oct. 22, 2009), explaining its order issued last week clearing the way for release of the names of those who signed referendum petitions in Washington state seeking review of the state's domestic partnership law. (See prior posting.) The court held that applying Washington state's Public Records Law to the referendum petitions does not violate the 1st Amendment right to anonymous political speech. It said that the signatures on the petitions are not anonymous. It concluded further that the district court was incorrect in applying strict scrutiny, saying that petition signing should be seen as "expressive conduct" subject to intermediate scrutiny. The state's asserted interests in preserving the integrity of the election and furnishing voters information about who supported placing a referendum on the ballot were found to be sufficiently important to justify their incidental limitation on speech. The incidental effect was found no greater than necessary to carry out the state's goals. [Thanks to Eugene Volokh for the lead.]

Senate Gives Final Approval To Hate Crimes Bill

The U.S. Senate yesterday by a largely party-line vote of 68-29 approved HR 2647, the 2010 National Defense Authorization Act as recommended by the Conference Committee. The bill contains an expansion of federal hate crimes legislation, the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act. The House has already approved the Conference Committee version (see prior posting) and the bill now goes to President Obama who is expected to sign it. The Washington Post reports that Republicans who opposed the hate crimes provisions were upset that the Democrats attached them to a defense spending bill, daring them to vote against the military budget.

9th Circuit Denies En Banc Review Of Arizona Tuition Contribution Tax Credits

In Winn v. Arizona Christian School Tuition Organization, (9th Cir., Oct. 20, 2009), the full U.S. 9th Circuit Court of Appeals refused to grant en banc review in a case challenging Arizona's program of tax credits to provide scholarships, mostly for students in religious schools. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.)

The denial of en banc review however produced 40-pages of opinions. Eight judges joined in Judge O'Scannlain's 23-page dissent. He wrote in part:

I dissent not only because Winn cannot be squared with the Supreme Court’s mandate in Zelman, but also because the panel’s holding casts a pall over comparable educational tax credit schemes in states across the nation and could derail legislative efforts in four states within our circuit to create similar programs. In short, the panel’s conclusion invalidates an increasingly popular method for providing school choice, jeopardizing the educational opportunities of hundreds of thousands of children nationwide.....

I am at a loss to understand how a reasonable observer—one fully informed about all matters related to the program—could conclude that the "government itself" has endorsed religion in this case. Multiple layers of private, individual choice separate the state from any religious entanglement: the "government itself" is at least four times removed from any aid to religious organizations.....

Responding with their own 17-page opinion, the three judges on the original panel (with a fourth indicating agreement) argued that "the program alleged here neither makes scholarships available to parents on a religiously neutral basis nor gives them a true private choice as to where to utilize the scholarships." Giving to taxpayers the choice of allocating their contributions to religious schools was not enough to break the circuit between government and religion. AP reports on the decision. [Thanks to Bob Ritter for the lead.]

UPDATE: The Institute for Justice Arizona Chapter which supports the tax credits and represents several clients in the case says it will seek Supreme Court review of the 9th Circuit's decision. The Arizona Attorney General's office has not yet decided whether it too will appeal to the Supreme Court. (Arizona Republic, Oct. 22).

Louisiana Catholic Archdiocese Settles 20 Abuse Lawsuits

Yesterday's Lafayette (LA) Daily Advertiser reports that the Catholic Archdiocese of New Orleans has settled twenty lawsuits alleging sexual and physical mistreatment of children some 40 to 50 years ago at Catholic homes for troubled boys. The settlement totalling $5.182 million was reached only after years of mediation and negotiation.

Hungary's President Wants Religion Questions On 2011 Census

Hungary's President Laszlo Solyom has refused to sign a bill passed by Parliament to govern Hungary's scheduled 2011 census. According to MTI today, the President sent the bill back to lawmakers to eliminate the the ban on asking census questions regarding health status or religion. The 2001 census included questions on these issues. Solyom says the information is important and that the census should be consistent to facilitate comparisons.

Pennsylvania School Will Temporarily End Enforcement of Speech Code

Yesterday a Pennsylvania federal district court issued an Agreed Temporary Consent Order in E.B. v. West Shore School District, (MD PA, filed 10/5/2009). The case grew out of an incident in which a Lewisberry, Pennsylvania middle school student was told by school officials to remove his T-shirt which carried the message "Abortion is Not Health Care". He wore the shirt to school on the day President Obama was delivering a national address to school students. The student's father sued on his son's behalf alleging in the complaint (full text) that the school's Student Expression Policy violates the 1st and 14th Amendments as well as Pennsylvania's Religious Freedom Protection Act. The complaint alleges in part that the Policy prevents his son "from incorporating his private religious expression into his clothing based solely on the religious and political nature of his expression." (ADF press release.)

Under the consent order issued yesterday (which remains in effect until Jan. 15), in exchange for plaintiffs not seeking a preliminary injunction, the school agreed not to enforce certain provisions in its Expression Policy. It will not bar expression on the ground that it "seek[s] to establish the supremacy of a particular religious denomination, sect, or point of view," nor will it enforce the ban against expression that might be "otherwise deemed harmful to impressionable students." The school will also not enforce the portion of its Dress and Grooming Policy that bans "clothing which creates a hostile educational environment or evidences discriminatory bias or animus." An Alliance Defense Fund release reported on the temporary order.

Santeria Priest Who Won Legal Victory Is Profiled

Yesterday's Dallas Observer carries a long background piece on Jose Merced, the Santeria priest who recently won a 5th Circuit victory allowing him to continue animal sacrifices at his Euless, Texas home, despite the city's health and safety concerns. (See prior posting.) Here is a short excerpt:

The litigation had taken its toll on Merced. His testimony and the media attention that followed brought many of Santería's secrets into the open and unnerved those devotees who saw its mystery as part of its theology as well as its enchantment.

He had written letters to the several hundred Santeros he had met over the years, asking each to contribute $100 to his legal defense fund. But many turned him down. Some were fearful that his case would reveal the secrets that gave power and meaning to their religion; others felt his case was his own personal crusade and not a cause for all who practice Santería. "They want to keep on hiding," Merced says, "which I don't understand."

Last night, for the first time in over three years, Merced was to resume his sacrifices of four-legged animals in a ceremony designed to heal the severe back pain, depression and loneliness of a follower. She would be initiated into the priesthood through the sacrifice of animals which, according to Santeria belief, must die so she can live a healthy and spiritual life. Meanwhile the Euless city attorney is exploring whether there are other routes available to end Merced's practices.

Canadian Court Dismisses Graduate Student's Religious Discrimination Claim

In Maughan v. University of British Columbia, (BC Ct. App., Oct. 20, 2009), the Brisish Columbia Court of Appeal agreed with the trial court that a graduate student at UBC had not shown that tensions between her and her English professor resulted from religious discrimination. Cynthia Maughan, an Anglican student in her mid-40's, pursuing an M.A. in English, received a low grade in Dr. Wier's seminar on "The Proper: From Derrida to Delgamuukw." Her primary complaint revolved around an incident in the seminar when she argued a passage from a Derrida text comparing the Holy Eucharist to "mystical cannibalism" was a misinterpretation of the Bible. Other students strongly defended Derrida, and Maughan described those exchages as "shocking" and the passage as "intense sacrilege." The Court of Appeal, dismissing her claims for negligence and breach of British Columbia's Civil Rights Protection Act, concluded: "In our view, Ms. Maughan’s claim is not based on the evidence per se, but on her interpretation of the evidence and the inferences she drew from the evidence founded on her firm conviction that she was subjected to discriminatory treatment by the respondents on the basis of her religion." Xtra West reported on the decision yesterday.

Settlement Reached In Suit Over Grooming Rules For Federal Building Guards

The Fresno Bee and the Sikh Coalition this week reported on the settlement of a lawsuit over the Department of Homeland Security's grooming rules for security officers hired under contract to guard federal buildings. Raghbir Singh, a Sikh who wore a turban and beard, was hired through a private security firm in 2005 to guard an IRS building. However he was forced off the job after he refused to comply with regulations of the Federal Protective Service that required security guards to be clean-shaven and wear a uniform and hat. After a lawsuit was filed in 2007, the FPS informally agreed to make religious accommodations in its grooming and headgear policy. In this week's settlement of the case, the federal government paid Singh $50,000 in damages for wrongful termination and the FPS has changed its grooming rules.

European Court Says Italian Catholic Unversity Infringed Faculty Applicant's Rights

Lombardi Vallauri v. Italy, (ECHR, Oct. 20, 2009) [full text in French, Word.doc], decided yesterday by the European Court of Human Rights, held that the rights of a Lecturer at Milan's Catholic University of the Sacred Heart were infringed by procedural irregularities in refusing to consider his application for a permanent faculty position. As explained by the Court's press release on the case, Luigi Lombardi Vallauri had taught on the Faculty of Law under temporary contracts for over 20 years. When competition for permanent appointment to the post opened, the University's Faculty Board refused to consider his application because the Congregation for Catholic Education, an institution of the Holy See, informed the President of the University that some of Vallauri's views were "in clear opposition to Catholic doctrine." Approval by the Congregation for Catholic Education was one of the conditions for being considered for the position. The Court concluded, that while Italian courts could not review the substance of the decision, the Faculty Board should have explained how Vallauri's views were liable to affect the University's interests. Failure to do so infringed the procedural aspects of the protection of free expression under Art. 10 of the ECHR, as well as his right under Art.6(1) to effective access to a court. One judge dissented. [Thanks to Dott. Pasquale Annicchino for the lead.]

Atheist Ads Will Appear In New York Subway Stations

A coalition of eight groups calling themselves the Big Apple Coalition of Reason have purchased space for posters in a dozen New York subway stations. CNN reports that beginning Monday, posters raising awareness of those who do not believe in God will be displayed. The ads will read: "A million New Yorkers are good without God. Are you?" The goal of the campaign is to reach out to those who have similar views. Funded by a $25,000 anonymous donation, this is part of a broader national campaign. New York's Metro Transit Authority says that its advertising guidelines respect freedom of speech and religion.

Alito Complains About Questions Over Catholic High Court Majority

AP reports on a speech given Tuesday by U.S. Supreme Court Justice Samuel Alito to Philadelphia's Justinian Society, a group Italian-American lawyers, judges and law students. According to the report, Alito expressed frustration over persistent questions about the court's 6-Justice Roman Catholic majority. He complained: "This is one of those questions that does not die."