Furor In Britain Following BBC Appearance of BNP Party Leader

BBC News yesterday reported that many in Britain are outraged over the appearance last week on BBC One's Question Time of British National Party leader Nick Griffin. The BNP limits its membership to members of Caucasian British ethnic groups and has been outspokenly anti-Muslim. It is under court order to change its constitution to eliminate discrimination on the basis of race or religion. (See prior posting.) Griffin complained that the BBC program should not have been held in London because "it is no longer a British city" due to its level of immigrants. Former Archbishop of Canterbury Lord Carey urged Christians to "stand shoulder to shoulder" in rejecting the BNP, after BNP's Griffin referred to "Christian Britain" during his BBC appearance. BNP says 3,000 people registered to join the party during and after the broadcast. The broadcast had a record audience of 8 million viewers.

Demonstrations In Kabul In Reaction To Rumor Over Desecration of Quran

The London Telegraph reports that in Afghanistan's capital of Kabul yesterday, hundreds of demonstrators burned President Obama in effigy in reaction to rumors that U.S. troops had burned a copy of the Quran last week during a raid in Wardak province. One banner displayed by the demonstrators read: "No to Democracy. We just want Islam."A spokesperson for coalition forces said that an investigation showed that the reports were false, and were propaganda being circulated by the Taliban.

Recent Prisoner Free Excercise Cases

In Niemczynski v. Arpaio, 2009 U.S. Dist. LEXIS 97786 (D AZ, Oct. 8, 2009), an Arizona federal district court refused to dismiss a former jail inmate's claim that his free exercise rights were violated when the sheriff ordered Christian Christmas music to be played continuously for over 10 hours per day.

In Joseph v. Fischer, 2009 U.S. Dist. LEXIS 96952 (SD NY, Oct. 8, 2009), a New York federal dstrict court held that personal involvement of a defendant in the alleged substantial burden of plaintiff's exercise of religion is a prerequisite to stating a claim under RLUIPA, and that an official's denial of a grievance alleging a constitutional deprivation, without more, does not amount to personal involvement. Plaintiff's grievance concerned seizure of his religious material.

In Turner-Bey v. Indiana Department of Corrections, 2009 U.S. Dist. LEXIS 97219 (ND IN, Oct. 10, 2009), an Indiana federal district judge held that a Muslim inmate's free exercise rights were not violated by a single incident of authorities inadvertently including pork ham on the Halal diet trays.

In Menefield v. Cate, 2009 U.S. Dist. LEXIS 96447 (ED CA, Oct. 5, 2009), a California federal district judge issued a preliminary injunction requiring prison authorities to give a Muslim prisoner access to the prison's kosher diet pending the state's decision on implementing a Halal alternative.

Recent Articles and Books Of Interest

From SSRN:

• Victor C. Romero, Of Hope and Humility: Christian Realism, Immigration Reform and Executive Leadership, (Penn State Legal Studies Research Paper No. 17-2009, Oct. 23, 2009).
• Ira C. Lupu & Robert W. Tuttle, Same-Sex Family Equality and Religious Freedom, (Northwestern Journal of Law and Social Policy, Forthcoming).
• Eric G. Andersen, Religion and Social Welfare in the United States: The Case of Charitable Choice, (The Review of Faith & International Affairs, Vol. 7, No. 3, 2009).

From SmartCILP and elsewhere:

• Barbara Shapiro, Changing Language, Unchanging Standard: From 'Satisfied Conscience' to 'Moral Certainty' and Beyond 'Reasonable Doubt', 17 Cardozo Journal of International & Comparative Law 261-279 (2009).
• Barbara E. Wall, Ethical Considerations for a New Jurisprudence: A Catholic Social Thought Perspective, 11 Barry Law Review 77-93 (2008).
• Samuel W. Calhoun, Getting the Framers Wrong: A Response to Professor Geoffrey Stone, 57 UCLA Law Review Discourse 1 (2009).
• Geoffrey R. Stone, The Perils of Religious Passion: A Response to Professor Samuel Calhoun, 57 UCLA Law Review Discourse 15 (2009).

Recent Books:

• Bethany Moreton, To Serve God and Wal-Mart, (Harvard University Press, May 2009).
• Amos Guiora, Freedom from Religion, (Oxford University Press, Oct. 2009).
• Vincent Phillip Muñoz, God and the Founders - Madison, Washington, and Jefferson, (Cambridge University Press, 2009), reviewed by South Bend Tribune.

Court Orders Deacons To Turn Church Control Back To Pastor

In Pike County, Alabama, a state trial court judge has issued a temporary injunction ordering two deacons of Troy, Alabama's New Mount Pleasant Baptist Church to turn the keys to the church and church documents over to the pastor and a majority of the congregation, and to refrain from interfering with church services. According to last Thursday's Troy Messenger, the deacons were upset that the pastor was disclosing financial information to the congregation outside the once-a-year business meeting. So they essentially took over the church. The court, however, ruled that a majority vote of the congregation controlled. The deacons-- one of whom had served in that capacity for 67 years-- had argued that the supposed majority were inactive members, and that there were only 15 members who actively attend and pay their tithes.

High School Teacher Found To Be Prevailing Party For Court Costs Recovery

The clerk's office in federal district court in Santa Anna, California has determined that nearly $20,000 in court costs should be borne by high school student Chad Farnan who sued his high school history teacher James Corbett, the school district and the teachers' union over anti-Christian remarks made by Corbett. While the court found that one statement by Corbett amounted to a violation of the Establishment Clause, it held that Corbett was not liable for damages because he was entitled to qualified immunity. (See prior posting.) That led the clerk's office to decide that Corbett was the prevailing party entitled to receive an award of court costs. The fees are to be paid by Advocates for Faith & Freedom, a Christian legal group that represented Farnan pro-bono. The school district and teachers' union, whose attorneys also represented Corbett, now plan to file a motion to recover over $378,000 in attorneys' fees. Reporting these developments, the Orange County Register says that Farnan's attorney now plans to ask the judge to review the ruling on court costs.

Islamic Group Still Pressing For International Ban On Insulting Religions

Despite the United Nations Human Rights Council's recent adoption of a compromise resolution on freedom of opinion and expression (see prior posting), the Organization of the Islamic Conference and the African Group are pressing for much more robust protections against publications that insult or negatively stereotype religion and religious ideas. According to Nigeria's Vanguard on Friday, these groups have asked the Human Rights Council's Ad Hoc Committee for the Elaboration of Complementary Standards to develop:

"new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".

A group of NGO's has written to the U.N. committee objecting to these proposals, saying that they threaten freedom of expression and the protection of equality.

U.S. Army For First Time Allows Sikh To Serve While Wearing Turban

According to a press release Friday from the Sikh Coalition, for the first time in 23 years the U.S. Army has agreed to allow as Sikh physician, Captain Kamaljeet Singh Kalsi, to wear his religiously-mandated turban and long hair while serving on active duty. The decision does not represent a change in Arny policy, but instead a waiver granted at this point only to Capt. Kalsi. According to Stars and Stripes, if Kalsi is transferred to another command or deploys, he will be required to apply for another waiver from the Army’s uniform policy. The Sikh Coalition has been pressing for a broader change in Army policy and the Army has indicated a willingness to review its policy that excludes Sikhs. (See prior posting.)

Houston Sued Over City Council Prayer Policy

KTRK-TV News Friday reported that a lawsuit has been filed against the city of Houston, Texas challenging the constitutionality of its opening its city council meetings with a prayer. Invocations are offered either by Council members or invited clergy of various religious faiths. According to 39online.com, City Councilwoman Anne Clutterbuck was also named as a defendant. She often opens Council sessions with the Lord's Prayer. Plaintiff in the lawsuit is Kay Staley who sued and in 2007 obtained removal of a monument displaying the King James Bible at the Harris County (TX) courthouse. (See prior posting.)

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).