Brazil's Supreme Court Orders Limited Accommodation For Saturday Entrance Exam

Jewish high schoolers in Brazil are seeking to schedule an alternative date on which they can take the national exam for high school graduates that is used for college admissions. The exam, known as ENEM, is required for admission to some of the country's top universities, including federally funded ones. It is not mandatory for admission to locally-funded state universities. The exam is scheduled for Saturday, December 5, but observant Jews say that a Saturday exam would require them to violate their Sabbath restrictions. Haaretz yesterday reported that originally, in a suit filed by the Center for Religious Jewish Education, a court in Sao Paulo held that the country's education ministry was required to set an alternative date for Jewish students. However last week Brazil's Supreme Court reversed, holding that an alternative date would undermine equality. It said that allowing Jewish students to take the exam on December 5, but after sundown, would be adequate accommodation. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Recent Articles and Books of Interest

From SSRN:

• George Letsas, Is There a Right Not to be Offended in One’s Religious Beliefs?, (June 1, 2009).
• Richard M. Esenberg, Must God Be Dead or Irrelevant: Drawing a Circle that Lets Me In , (William & Mary Bill of Rights, Vol. 18, No. 1, 2009).
• John M. Kang, Appeal to Heaven: On the Religious Origins of the Constitutional Right of Revolution, (William & Mary Bill of Rights, Vol. 18, pp. 281-326, 2009).
• Elizabeth Rose Schiltz, Dueling Vocations: Managing the Tensions between Our Private and Public Callings, (Women, Sex, and the Church, Erika Bachiochi, ed., Pauline Books & Media, 2010).
• Yuval Sinai, Arbitration as an Ideal Judicial Procedure, (December 19, 2008).
• Paul T. Babie, Looking East to the Concept of Property — A Review Essay of Witte and Alexander, Christianity and Law: An Introduction, (Adelaide Law Review, Forthcoming).
  

Recent and Forthcoming Books:

• Knox Thames, International Religious Freedom Advocacy: A Guide to Organizations, Law, and NGOs, (Baylor Univ. Press, Aug. 2009).
• Randall Balmer, The Making of Evangelicalism From Revivalism to Politics and Beyond, (Baylor Univ. Press, Feb. 2010).

Egypt Reportedly Covering Up Anti-Copt Violence In Town of Farshoot

AINA today says that the Egyptian government and Egyptian State Security are attempting to cover up extensive mob violence against Copts a week ago in the town of Farshoot. Apparently the violence was triggered by a rumor that a Copt had sexually molested a 12-year old Muslim girl. According to AINA, the principal of Al-Azhar Institute in Farshoot incited his students to loot and burn Coptic-owned businesses. The Egyptian government has imposed a news blackout on the incident and State Security is pressuring the Coptic Church in Nag Hammadi and the victims of the violence to accept extrajudicial reconciliation and to reopen the damaged businesses without first receiving compensation. Thirty-five Coptic families have been deported from surrounding villages, supposedly for their safety. However their houses were then looted by Muslims.

Recent Prisoner Free Exercise Cases

In Gallagher v. Shelton, (10th Cir., Nov. 24, 2009), the U.S. 10th Circuit Court of Appeals rejected various claims by an Jewish inmate that prison officials delayed and inadequately accomodated his requests for a kosher diet, and that the prison chaplain failed to help him get a menorah and candles to celebrate Hanukkah. Several of the allegations involved merely isolated acts of negligence by prison officials. The court remanded to clarify that claims dismissed for failure to exhaust administrative remedies were dismissed without prejudice.

In Kuperman v. Warden, New Hampshire State Prison, (D NH, Nov. 20, 2009), a New Hampshire federal district court dismissed on mootness and collateral estoppel grounds a Jewish prisoner's complaint over rules that automatically suspended his kosher meal privileges for a single violation in which he purchased or consumed non-kosher food. The prison has subsequently modified its rules giving prisoners more leeway before suspending access to a religious diet. The Concord Monitor reported on the decision. (See prior related posting.)

In Elliott v. Sims, 2009 U.S. Dist. LEXIS 108365 (SD OH, Nov. 4, 2009), an Ohio federal district court permitted inmates from separate prisons to bring a single action challenging prison authorities' refusal to permit them to abstain from work on Sundays violates their religious exercise rights under RLUIPA.

Atkins v. Christiansen, 2009 U.S. Dist. LEXIS 108503 (WD MI, Nov. 20, 2009), involves a claim for an injunction and damages by an inmate who alleges that he was wrongly designated as a member of a Security Threat Group because he attended Nation of Islam religious services. A Michigan federal district court, accepting a magistrate's recommendations in part (2009 U.S. Dist. LEXIS 108545, July 13, 2009) held that plaintiff's official capacity monetary relief claims are barred by the 11th Amendment; certain of the claims were time barred; that summary judgment would be premature as to qualified immunity; and that a claim for monetary damages may be asserted in individual capacity claims under RLUIPA.

In Chalif v. Artus, 2009 U.S. Dist. LEXIS 109813 (ND NY, Nov. 24, 2009), a New York federal district court accepted the recommendations of a magistrate judge (2009 U.S. Dist. LEXIS 109814, Oct. 15, 2009) and dismissed claims by an inmate that he was prevented from practicing his religion (Church of Jesus Christ Christian), that his religious materials were wrongfully seized, and that other inmates are allowed to practice supremacist religions, but he was not.

Swiss Voters Approve Ban On Minarets

Swissinfo.ch reports that voters in Switzerland today approved an initiative supported by the right- wing Swiss People's Party and the Federal Democratic Union imposing a ban on the construction of minarets in the country. The final tally showed that 57.5% of the voters and a majority of the cantons backed the initiative. The government, and most political parties, churches and businesses had all opposed the ban. A government statement after the vote said that the Federal Council respects the decision of the voters. New minaret construction is now banned. The four existing minarets will be permitted to remain. Swiss Justice Minister Eveline Widmer-Schlumpf, who strongly opposed the ban, said the initiative was really a proxy for opposition to perceived creeping Islamicisation and sharia law. Opponents fear the vote will fuel extremism and tarnish Switzerland's reputation in the Muslim world. Switzerland has around 350,000 Muslim immigrants (4.5% of the population), mostly moderates from the former Yugoslavia and Turkey. It is estimated that there are 160 mosques and prayer rooms in the country, mainly in empty factories and warehouses.

UPDATE: The London Telegraph has more detailed vote results: 57.5% in favor (1.534 million people), 42.5% against (1.135 million people), with 22 of the 26 cantons in support of the initiative.

House of Yahweh Leader Avoids Polygamy Charges

A report from McClatchy Newspapers published yesterday in the Rochester (MN) Post-Bulletin examines the House of Yahweh Church (whose compound is near Clyde, Texas) and the Church's leader, Yisrayl Hawkins. For many years it was rumored that the sect engages n polygamy. In Feb. 2008, Callahan County Attorney Shane Deel charged Yisrayl Hawkins with four counts of bigamy and child labor violations. This was billed as a test of Texas' revised law that made polygamy a felony. After a change in venue to Parker County, county authorities decided they could not afford the cost of the bigamy prosecution and last month they negotiated a plea deal in which Hawkins plead "no contest" to four counts of child labor violations. He was fined and received probation. The article details much of Yisrayl Hawkins' background and reports that the sect keeps tight control over the finances of its members. They are expected to pay tithes totally 30% of their income. Hawkins started the Church in 1980 when he was an Abilene, Texas policeman and owned a mobile home park. His daughter says he is now worth millions and has at least three palatial homes, while many of his followers are destitute.

IRS Releases 2006 Data On Income of Non-Profits

Earlier this week, the Internal Revenue Service issued its Fall 2009 Statistics of Income Bulletin which sets out data for tax year 2006 on returns filed by non-profit organizations. Churches and church-affiliated organizations are not required to file Form 990. Thus only 853 of the 301,214 Forms 990 or 990-EZ were from "Religion related" non-profits. This group of religious non-profits reported total assets of $17.8 million and revenue of $2.8 million. Most of their income was from program service revenue. Their income exceeded their expenses by $550 million. [Data at pg. 5 of Bulletin].

Italian Paper Says Berlusconi Diverted Secular Funds To Catholic Church

An article published last week in Italy's La Repubblica and translated by Concordat Watch reports that Italian Prime Minister Silvio Berlusconi has directed to Catholic churches and monasteries some 10.6 million Euros that Italian taxpayers had earmarked on their tax returns for secular institutions. Under Italian law, 0.8% of each Italian's taxes go either to one of six religious groups, or to a social assistance program run by the government. If a taxpayer does not declare a recipient, the amount goes to the Catholic Church or the government in proportion to the amounts others have designated for them. (Background.) Apparently, however, in September of this year Berlusconi issued a decree giving him greater discretion over distribution of these tax funds. La Repubblica suggests that Berlusconi is using these additional funds to make peace with the Catholic Church after a bitter feud between Berlusconi and the Vatican over Berlusconi's sexual dalliances. (See prior posting.)

Kentucky High Court Says Barring Reference To Jesus Was Harmless Error

Edmonds v. Commonwealth of Kentucky, (KY Sup. Ct., Nov. 25, 2009), involved numerous objections by two convicted defendants to their convictions on charges of sodomy, robbery and murder. One of the defendants claimed that his Free Exercise rights were violated when the trial judge sustained objections to his lawyer's attempt, in the penalty phase closing argument, to compare the defendant to Jesus being put to death on the cross. The Supreme Court concluded that while it may not have been necessary for the trial judge to restrict closing argument in this way, it was not likely this had any substantial effect on the verdict. Any error was therefore harmless.

In Fiji, Government's Attempt To Co-Opt Religious Leadership Backfires

Australia's Sunday Sydney Morning Herald carries a long report on the complicated involvement of Methodist churches in Fiji with the Pacific island nation's politics. In the past two decades, Fiji has had four coups, each reflecting tensions between ethnic Fijians, who largely belong to the Methodist Church, and Indian Fijians, most of whom are Hindu. Some in the Methodist Church have backed a proposal to turn Fiji into a Christian state. (Background.) The latest coup, in 2006, which brought military leader Frank Bainimarama to power, was opposed by the Methodist Church. So, while impeding or banning much of the activity traditional Methodists, Bainimarama's allies promoted evangelist Pastor Atu Vulaono, and his "Souls to Jesus" campaign in an attempt to co-opt the traditional leadership of the Methodist Church.

However Vulaono's New Methodist Church , and his campaign against crime that was funded by the Fiji police department, got out of hand. Vulaono was drawing 20,000 people at his rallies and had established 70 churches. Police officers were required to attend New Methodist crusades where they were forced to dance in their police uniforms. A new law-and-order campaign ordered couples not to embrace in public, and sometimes forced prostitutes to jump off a bridge 6 meters into an ocean inlet. Some were forced to attend Vulaono's crusades. Fijian courts were pressuring women who were victims of domestic violence to reconcile with their husbands. Eventually this anti-crime crusade by the New Methodists became too embarrassing for the regime, and the Attorney General put a halt to it. Fiji's chief censor sent a letter to media editors telling them to stop broadcasting the New Methodists' paid programming, because the group had become a security risk.

Jury Says Religious Order Not Liable For Molestation By Teacher

In 2007, the Delaware legislature passed the Child Victim Act . It created a 2-year window for filing of child sexual abuse claims previously barred by the statute of limitations. (See prior related posting.) The statute provides that if the suit is against an institution or other legal entity that employed the abuser and which owed a duty of care to the child, plaintiff must show gross negligence in order to recover. Earlier this week, in the first case to come to trial under the new statute, a jury refused to award damages against the Oblates of St. Francis de Sales. Tuesday's Wilmington News Journal reports that while the jury concluded that a now-deceased teacher, Rev. Francis Norris, molested plaintiff in 1962, the jury could not conclude that the Oblates were grossly negligent. Salesianum School knew the teacher suffered from alcoholism and depression, but, according to the jury, it could not have foreseen that this would lead to sexual abuse of a student. Plaintiff's attorney claimed that memos about Norris' alcoholism and depression contained "code words" used in the 1960's to indicate that a priest had problems with pedophilia.

Alternative Proposal For South Carolina "I Believe" Plates Is Filed

South Carolina residents may get a chance to purchase "I Believe" license plates after all. Earlier this month, a federal district court ruled that a statute, promoted by the Lieutenant Governor, that authorizes the plates violates the Establishment Clause. The legislatively approved tags were to carry the "I Believe" message, along with a cross superimposed on a stained glass window. (See prior posting.) Today's Rock Hill (SC) Herald reports that now a private group, the Palmetto Family Council, has filed a request with the state Department of Motor Vehicles for the issuance of an "I Believe" plate under S.C. Code of Laws, Sec. 56-3-8000. That section permits non-profit groups to apply for issuance of specialty tags, carrying an emblem or symbol representing the organization. The group need only submit 400 prepaid orders or pay $4000, and must also submit a plan to market further sale of the license tags. The only grounds for refusing to issue specialized plates under this section is that they are offensive or fail to meet community standards.

Canadian Court Says Property of Break-Away Anglican Parishes Belongs To Diocese

In Bentley v. Anglican Synod of the Diocese of New Westminster, (BC Sup. Ct., Nov. 25, 2009), the British Columbia Supreme Court (the Canadian province's superior trial court) issued a lengthy opinion in a dispute over ownership of the property of four parishes that broke away from the Anglican Church of Canada and affiliated with the more conservative Anglican Network in Canada. The split came over the Diocese's decision to accept a rite to bless same-sex unions. The court held that ownership of parish properties remain with the Diocese. Under the Act to Incorporate the General Synod of the Church of England in Canada, parishes can dispose of property only with the consent of the Executive Committee and Bishop. Using the property for purposes related to ANiC amounts to improperly taking them outside the jurisdiction of the Diocese. The court also rejected the parishes' argument that the property was held in trust for ministry consistent with historic, orthodox Anglican doctrine and practice. It held that only departure from core tenets or fundamental doctrine can breach a religious purpose trust. The blessing of same-sex unions does not engage core or fundamental doctrine.

The court went on to hold that the Bishop lacked authority to replace parish trustees. However trustees elected by each break-away parish must carry out their duties in accordance with the rules of the Anglican Church in Canada-- something that the elected trustees are unlikely to want to do. Finally the court held that $2.2 million from the bequest of a former member to the building fund of one of the parishes involved should, consistent with the donor's intent, go to the building needs of the parish now affiliated with ANiC. Applying the cy pres doctrine, the court said that the donor intended the funds to benefit the parish that serves the Chinese community in British Columbia. Yesterday's Anglican Journal reported on the decision.

Agreement Reached With Abuse Claimants In Alaska Diocese Bankruptcy

In February 2008, the Catholic Diocese of Fairbanks, Alaska filed for Chapter 11 reorganization under the federal Bankruptcy Code. (Press release.) According to AP, at a status hearing on Tuesday in federal bankruptcy court, it was disclosed that a preliminary agreement has been reached with clergy abuse victims for settlement of their claims. The nearly 300 victims will be awarded almost $10 million from Diocese funds. However, a portion of that amount will be set aside to use to pursue the Diocese's four insurance companies for additional amounts of up to $100 million. The remainder of the $10 million will be divided among claimants based on the severity of the abuse they suffered. Many of the prior filings in the Chapter 11 case are available from the Diocese website.

Church Wins Settlement In Challenge of School Flyer Distribution Policy

Last week, a settlement was reached in a Florida federal district court case in which a church challenged the Collier County (FL) school board's policy that precluded it from handing out to students flyers about the church's Vacation Bible School. (See prior posting.) The Stipulated Dismissal (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, Nov. 20, 2009), recites that the school board has agreed to give plaintiffs equal access with other community groups to distribute flyers and post information. Also, the school board has amended its flyer distribution policy to eliminate the requirement that flyers relating to religious activities not contain proselytizing messages or overtly advocate support for a religious organization. Alliance Defense Fund on Wednesday issued a release announcing the settlement.

Irish Government Releases Report On Catholic Archdiocese Handling of Abuse Complaints

The Irish government yesterday released a 720-page Commission of Investigation Report (links to full text) that it had received in July. the Report details improper handling of clergy sexual abuse complaints by the Dublin Catholic Archdiocese and by senior police officials from 1975- 2004. According to the New York Times, the Report analyzes 320 complaints against 46 priests. Only eleven of the priests-- those who have been criminally convicted-- were named in the Report. The Report concludes that three Dublin archbishops, from 1940 to 1987, chose not to alert police to abuse cases, but instead moved the offending priests to other parishes. A few priests and lower-level police officials tried, usually unsuccessfully, to pursue some of the cases. When senior police officials learned of problems, they generally handed complaints over to the Archdiocese for investigation. As evidence that the Archdiocese had knowledge of the problem, the report says that in 1987 it negotiated an insurance policy to cover costs it would incur in defending lawsuits and paying compensation claims. The abuse records were not released until in 2004 the Vatican insisted on it.

Human Rights Group Protests Saudi Death Sentence For TV Host Charged With Witchcraft

In a release issued Tuesday, Human Rights Watch called on a Saudi Arabian appellate court to overturn the death sentence imposed on a Lebanese man charged with witchcraft. According to AP, Ali Sabat was arrested by Saudi religious police who spotted him at his hotel in Medina last year while he was on the omra pilgrimage. In Lebanon, many psychics, fortune tellers and astrologers have regular radio and television programs. Sabat is the most popular psychic on the Lebanese satellite TV channel Sheherazade. A lower court in Medina imposed the death sentence on Sabat on Nov. 9. Apparently Sabat, who did not have a lawyer, had confessed because interrogators told him that if he did, he could go home to Lebanon. The case is being appealed to the cassation court in Mecca. Human Rights Watch, reviewing a number of cases in the last few years, more broadly called on the Saudi government to stop using the vaguely defined charge of witchcraft against defendants. Saudi Arabia has no criminal code, and judges are free to define acts thaey deem criminal and impose punishments.

President Issues Proclamation Declaring Thanksgiving Day 2009

Earlier this week, President Barack Obama signed the official Presidential Proclamation declaring today as a "National Day of Thanksgiving." It reads in part:

Today, we recall President George Washington, who proclaimed our first national day of public thanksgiving to be observed "by acknowledging with grateful hearts the many and signal favors of Almighty God," and President Abraham Lincoln, who established our annual Thanksgiving Day to help mend a fractured Nation in the midst of civil war. We also recognize the contributions of Native Americans, who helped the early colonists survive their first harsh winter and continue to strengthen our Nation....

I encourage all the people of the United States to come together, whether in our homes, places of worship, community centers, or any place where family, friends and neighbors may gather, with gratitude for all we have received in the past year; to express appreciation to those whose lives enrich our own; and to share our bounty with others.

Yesterday, in another Thanksgiving tradition, the President announced the "Pardoning of the National Turkey." Later he and his family were to deliver two other turkeys to a D.C. organization that fees the needy.

Rabbis Offer Torah Scrolls As Collateral For Rubashkin's Release on Bail

As previously reported, Sholom Rubashkin, the manager at Agriprocessors' Postville, Iowa kosher meatpacking plant that was raided by federal immigaration authorities in May 2008, was convicted earlier this month on 86 counts charging money laundering and fraud. Seeking Rubashkin's release on bail pending sentencing, Rubashkin's attorneys offered unusual collateral as bond. Not only were his supporters willing to pledge the equity in their homes totally nearly $8 million, but six rabbis offered to pledge sacred Torah scrolls as collateral. (Cedar Rapids Gazette, 11/18). Federal district judge Linda R. Reade was apparently unimpressed. She denied bail, and Rubashkin's attorneys say they will appeal. (Iowa Independent, 11/25).

Meanwhile, last week, at the government's motion, the 72 still-pending immigration-related charges against Rubashkin were dismissed without prejudice. The government concluded that the sentence on the fraud charges is likely to be substantially longer than any sentence for immigration law violations. Some of the fraud charges involved making false statements about harboring illegal aliens. The dismissal conserves prosecutorial resources and lessens inconvenience to witnesses. (Iowa Independent, 11/19). Rubashkin and others still face state charges of violating child labor laws.

"Jews for Jesus" Sue Over Right To Leaflet At Labor Day Festival

Each year on Labor Day weekend in downtown Pontiac, Michigan, Oakland County sponsors its "Arts, Beats & Eats Festival." Yesterday's Oakland Press reports that the local Jews for Jesus congregation (Congregation Shema Yisrael) has filed a lawsuit against the city of Pontiac charging that police last September used threats, intimidation and coercion to prevent them from distributing pamphlets on a sidewalk near the Festival entrance. After the Jews for Jesus members, wearing T-shirts reading "Jesus Made Me Kosher," handed out 2,500 pamphlets on Sunday, police on Monday told them to move a block away because the sponsors of the Festival did not want them to hand out their materials. The suit alleges that police have tried to stop their leafleting for the past three years, and they fear that next year they will again be prevented from freely proselytizing. [Thanks to Brian D. Wassom for the lead.]