Oman Authorities Investigating Religious Text Message Scam

In Oman, the Telecommunications Regulatory Authority is investigating a scam which some say is being carried out by mobile telephone companies exploiting religious sentiments of their subscribers. UAE's The National reported yesterday that automated religious text messages are being sent out to customers, concluding with: "Forward this message to 10 people to earn the rewards of afterlife." Other religious messages conclude more ominously: "If you do not forward this message then something bad will happen to you." Many Omanis, especially those in small towns, forward the messages as a religious act. In large quantities, these can be profitable for phone providers who charge a small fee for each text message sent. Omani telephone companies strongly deny they are responsible for the messages. The telecommunications business in Oman is highly competitive, with six companies vying for customers.

Canadian Street Preacher Acquitted of Noise and Other Charges

Yesterday's Calgary Sun reports on Monday's 90-page ruling by a Canadian Provincial Court judge in Calgary, Alberta. The court acquitted a street preacher on seven charges, finding that six of the charges infringed his rights to free expression and freedom of religion. Judge Allan Fradsham said that the city's response to what began a a noise complaint over Art Pawlowski's activities in Triangle Park bordered on an abuse of power. The preacher was distributing food while using a sound amplification system to preach his religious message. He was charged, and acquitted, on two counts of using amplification without a permit, three counts of placing material on a street without a permit, and a charge of causing unnecessary noise from a vehicle. The court also ruled that a seventh charge of stunting on a roadway while handing out food was not proven.

Cert. Filed In School's Ban of Student Musical Performance At Graduation

A petition for certiorari (full text) has been filed with the U.S. Supreme Court in the case of Nurre v. Whitehead. In the case, the U.S. 9th Circuit Court of Appeals, in a 2-1 ruling, 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. (See prior posting.) In a press release announcing the filing of the petition for review, the Rutherford Institute expressed its concern that "arts education in the public schools is in danger of being sanitized of any art with remotely religious themes or inspiration." The petition describes the school's action as "political correctness run amuck, with art and student expression sacrificed to a heckler's veto...."

Israel's Justice Minister Creates Controversy With Comments on Religious Law

A speech given on Monday by Israel's Justice Minister Yaakov Neeman, calling for incorporating more of Jewish law into Israeli civil law, has set off a firestorm of protest in the country. According to Haaretz, the speech was given at the opening session of the organization Halichot Am Israel, a group that wants to make Jewish law part of Israel's civil justice system. There is a good deal of dispute over exactly what Neeman intended when he said "step by step, Torah law will become the binding law in the State of Israel." Statements later by Neeman and the Justice Ministry say he intended merely to speak in general terms about the importance of Jewish law to the life of the country, and apparently backed giving Rabbinical courts jurisdiction over financial disputes to help relieve the backlog of cases in the civil courts. (Haaretz). However political opponents called for his resignation, accusing him of promoting "Talibaization" in Israeli society, and proposing a theocracy in Israel. Yesterday's Jerusalem Post has reactions from numerous political and religious leaders to Neeman's remarks.

Russia's Supreme Court Agrees Jehovah's Witness Publications Are "Extremist"

The Supreme Court of the Russian Federation yesterday upheld a finding by a Rostov-on-Don Regional Court that 34 specific Jehovah's Witness publications (all published in the U.S. or Germany) are "extremist." Forum 18 reports that under the 2002 Extremism Law, the publications will now be added to the Justice Ministry's Federal List of Extremist Material and banned throughout the country. The Supreme Court also upheld the dissolution of the Taganrog Jehovah's Witness Congregation as extremist. The written opinion of the Supreme Court is not yet available. The lower court's opinion claimed that the publications incited hostility toward other religions, urged refusal of blood transfusions and refusal of civic responsibilities. The only appeal that is now available is to the European Court of Human Rights.

Newdow Asks DC Circuit To Eliminate Opening Cry Before His Case Is Heard

The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral arguments on Dec. 15 in Newdow v. Roberts, a case which challenged the use of "so help me God" in the oath administered by Chief Justice John Roberts in swearing in President Barack Obama. It also challenged the practice of having clergy deliver an invocation and benediction at the inaugural. On the day of the inauguration, a D.C. federal district court denied a preliminary injunction. (See prior posting.) Yesterday, plaintiff Michael Newdow filed an interesting "Emergency Motion" asking the D.C. Circuit to dispense with the court's usual opening cry-- "God save the United States and this Honorable Court" prior to appellate arguments in the case. (Full text of motion and memorandum in support.) The motion argues:

Appearances are also critical for the judges themselves.... In other words, "federal judges must maintain the appearance of impartiality."... Although perhaps not as flagrant a violation of the Establishment Clause as those violations which underlie this litigation ... the religious opening cry is definitely of a similar species. Inasmuch as the Panel, at this stage of the proceedings, must assume the merits in Plaintiffs' favor, ... the appearance of impartiality is certainly questionable at best when the judges risk independently inflicting what may be yet one more "concrete and particular" injury to the First Amendment rights of those seeking their protection.

[Thanks to Bob Ritter for the lead.]

UPDATE: On Wednesday (12/9), in a one sentence order, a 3-judge panel rejected Newdow's request. (Blog of the Legal Times.) [Thanks to Joel Sogol via Religionlaw for the lead.]

Court Dismisses Suit Over Firing, Invokes Ministerial Exception

In Guerrier v. Southern New England Conference Association of Seventh-Day Adventists, 2009 Conn. Super. LEXIS 2962 (CT Super., Nov. 12, 2009), a Connecticut trial court invoked the ministerial exception doctrine to dismiss a group of tort and contract claims filed by a minister who had been removed by defendant as pastor of Shekinah Haitian Church in Norwich, and told there were no other past openings available. Plaintiff claimed that the motives for his dismissal had no relation to church doctrine, teaching or administration. He alleged they were related to his request for for medical benefits and increased wages and his inquiries regarding improper financial activities by a church member. The court held, however:

For the purposes of the ministerial exception, it matters only that the allegations require an inquiry into the church's reasons for the termination. Though the plaintiff does not allege that he was terminated for reasons of religious doctrine, for example, the defendant may be required to assert reasons of religious doctrine as a defense.

10th Circuit Refuses To Bar Deportation of Mormon To Colombia

In Terreros-Guarin v. Holder, (10th Cir., Dec. 2, 2009), the U.S. 10th Circuit Court of Appeals rejected a Colombian man's attempt to avoid deportation. Francisco Alberto Terreros-Guarin was an early convert to the Mormon Church in Colombia, and served in high-profile roles in the Church. He claimed, among other grounds for asylum and for a stay of his deportation, that because the Mormon Church is identified with the United States, several Mormon Churches in Colombia have been bombed and he has received threats. The court rejected his asylum claim because it was not filed within a year of entering the country. As to his request for a restriction on his removal, the Court agreed with the Board of Immigration Appeal that Terreros-Guarin had not proven that there was a clear probability of persecution on religious grounds if he was returned to Colombia. Yesterday's Mormon Times reported on the decision.

In This Year's Christmas Wars, More Cities Eliminate Religious Displays

This year's "Christmas Wars" seem to be taking a different shape. In past years, typically a government entity permitted a religious display which was then challenged in court. This year, in a number of cases a governmental entity, after researching the law, has changed past practice and removed, or not included, a religious component. (See prior posting.) The most recent example of this arose last night in Maryville, Tennessee. According to yesterday's Knoxville News, the city of Maryville ended its 22-year tradition of having a local radio personality read the Christmas story from the book of Luke as part of the annual "Illumination of the Greenbelt" festivities. City attorney Melanie Davis concluded the reading was not allowed after an inquiry from a concerned resident.

Kenyan Leader Says Noise Regulations Will Be Amended To Assure Right to Worship

In Kenya, Prime Minister Raila Odinga over the week end told a rally that new noise pollution regulations promulgated by the National Environmental Management Authority (NEMA) will not infringe religious freedom. According to today's Daily Nation, Odinga said that the Adhan-- the Muslim call to prayer-- would be exempted from the new noise pollution rules. He also said that Christian preachers should be allowed to continue to use public address systems in their churches. Sheikh Mohammed Dor said Muslims would be watching to see if the Prime Minister's directive is implemented. The exemptions announced by Odinga do not yet appear to be included in the version of the Noise Pollution Regulations (full text) that are posted on the NEMA website. On a related issue, Odinga ruled out removing the provision on Kadhis courts from Kenya's new draft constitution. (See prior posting.)

UPDATE: Kenya's Daily Nation (12/9) reports that Environment Minister John Michuki has promised to make certain that the new noise rules will be implemented. Apparently contradicting the statement by Prime Minister Odinga, Michuki said that no one will be exempted because Kenya is a secular state which is not governed by the rules of religion, but the national Constitution and statutes.

Obama's Talks With Turkey's Erdogan Included Religious Freedom Issues

President Obama yesterday met at the White House with Turkish Prime Minister Tayyip Erdogan. (White House blog.) Before the meeting, the U.S. Commission on International Religious Freedom wrote the president asking him to make freedom of religion an important part of his talks with Erdogan. USCIRF said that while there are some hopeful developments, Turkey continues to apply the concept of secularism in a way that restricts freedom of thought, conscience and religion both for its majority Muslim population and for minority religions. (Full text of letter.) In remarks after his meeting with Erdogan, President Obama said in part:

I complimented the Prime Minister for the steps that he's taken, often very difficult steps, in reintegrating religious minorities and ethnic minorities within Turkey into the democratic and political process, and indicated to him that we want to be as supportive as possible in further steps that he can take, for example, assuring the continuation of the Halki Seminary and addressing the vital needs of continuing the ecumenical patriarchy within Turkey.

8 Rastafariains Mark Decade In Segregation For Refusing to Cut Their Hair

In prisons across Virginia, at least eight Rastafarian prisoners will mark ten years of confinement in segregation cells-- solely because they refuse for religious reasons to cut their hair to comply with prison grooming rules. Yesterday's Richmond Times Dispatch reported that prisoners in segregation are confined to small cells, and are let out only for three showers and five hour-long recreation periods a week. They are allowed one non-contact visit per week and two phone calls per month. While in segregation, they do not earn "good time" parole credits. In 2008, in McRae v. Johnson, the 4th Circuit upheld the application of prison grooming rules to Rastafarian and Muslim inmates, citing hygiene and security considerations. ACLU lawyer Eric Balaban asks: "Why would you use up your valuable space in segregation for these guys?" Former inmate and award-winning author Evans Hopkins plans to ask Virginia governor Tim Kaine to give the Rastafarian inmates some relief.

Supreme Court Grants Review In Hastings Christian Legal Society Case

The U.S. Supreme Court today granted certiorari in Christian Legal Society v. Martinez, (Docket No. 08-1371) (Order List). In the case, the U.S. 9th Circuit Court of Appeals upheld the right of University of California's Hastings College of Law to impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. (See prior posting.) Links to all the pleadings in the case are available from the Christian Legal Society website.

UN Climate Summit Will Not Have Christmas Trees

Friday's Copenhagen Post reports that the international summit on climate change that opens in Copenhagen, Denmark today will be religiously neutral. Denmark's foreign minister rejected a sponsorship that would have provided a number of Nordmann fir trees as decorations for the entrance of Bella Center, where the conference is being held. Foreign Ministry spokesman Svend Olling said: "We have to remember that this is a UN conference and, as the centre then becomes UN territory, there can be no Christmas trees in the decor, because the UN wishes to maintain neutrality." [Thanks to Alliance Alert for the lead.]

Vallejo, CA Mayor Reflects Clash Between Christian and Gay Residents

Friday's San Francisco Chronicle reported on the controversy surrounding Osby Davis, mayor of Vallejo, California. In a Nov. 20 New York Times article, Davis was quoted as saying that gays are "committing sins and those sins will keep them out of heaven." This is the latest chapter in a battle between conservative Christian residents of the city and its growing, politically active gay community that has moved in increasing numbers to the city in recent years. Both supporters and opponents showed up to demonstrate last Tuesday outside City Council chambers. Davis' supporters were also permitted to hold a prayer vigil inside Council chambers.

New Vote To Overturn Minaret Ban Being Considered In Switzerland

Yesterday's Washington Post reports that liberals in Switzerland are considering seeking signatures for a new initiative that would overturn the ban on building minarets in the country that was adopted last week. Club Helvetique, a group Swiss intellectuals, will move ahead to draw up an action plan. Other reports Sunday said that Libya's Muamar Gaddafi has warned that the ban has played into the hands of terrorists who seek to recruit for jihad against Europe. Meanwhile two complaints have been filed with Switzerland's Federal Court challenging the legality of new ban.

Recent Articles of Interest-- They Abound This Week

From SSRN:

• Ali Khan, Anti-Islamic Torture , (Global Dialogue, Vol. 12, 2010).
• Robert Luther, 'Unity Through Division': Religious Liberty and the Virtue of Pluralism in the Context of Legislative Prayer Controversies, (Creighton Law Review, Vol. 43, No. 1, 2009).
• David Nimmer, In the Shadow of the Emperor: The Hatam Sofer’s Copyright Rulings, (The Torah u-Madda Journal, 2009).
• David Nimmer, Rabbi Banet’s Charming Snake, (Ḥakirah, the Flatbush Journal of Jewish Law and Thought, pp. 69-108, 2009).
• Nathan B. Oman, 'The Living Oracles': Legal Interpretation and Mormon Thought, (Dialogue: A Journal of Mormon Thought, Vol. 42, No. 2, 2009).
• James T. Koebel, Colorado Christian University v. Weaver: The Tenth Circuit's Improper Redefinition of 'Excessive Entanglement', (Catholic University Law Review, Vol. 58, No. 4, 2009).
• Nicholas Hatzis, Neutrality, Proselytism and Religious Minorities at the European Court of Human Rights and the U.S. Supreme Court, (Harvard International Law Journal Online, Vol. 49, p. 120, 2009).
• Justin S. Murray, Exposing the Underground Establishment Clause in the Supreme Court’s Abortion Cases, (November 14, 2009).

From FindLaw:

• Vicram David Amar & Alan Brownstein, Is Monitoring Moslem Religious Services Without Particularized Suspicion Constitutional?, (Dec. 4, 2009).

From SmartCILP:

• Robert F. Gotcher, Invective, Irony, Sarcasm and Other Negative Tropes in Pro-life Rhetoric, 3 University of St. Thomas Journal of Law & Public Policy 26-45 (2009).
• Joshua Dunn, Almost Persuaded: Statutory Protections for Students' Religious Rights, 38 Journal of Law & Education 627-636 (2009).
• Miriam Galston, Theocracy in America: Should Core First Amendment Values Be Permanent?, 37 Hastings Constitutional Law Quarterly 65 (2009).
• Oliver A. Houck, From Sacred Places: The Nikko Taro and the Taj Mahal, 31 University of Hawaii Law Review 369-422 (2009).
• Kenneth Lasson, Bloodstains on a "Code of Honor": The Murderous Marginalization of Women in the Islamic World, 30 Women's Rights Law Reporter 407-441 (2009).
• Matthew Lewis Sutton, Life is Beautiful: The Theological Aesthetic Argument for Life, 3 University of St. Thomas Journal of Law & Public Policy 15-25 (2009).
• Kevin H. Theriot, Prince or Pauper? Religious Proselytizing and the First Amendment, 3 University of St. Thomas Journal of Law & Public Policy 46-70 (2009).
• Martin Guggenheim, Texas Polygamy and Child Welfare, 46 Houston Law Review 759-816 (2009).
• Michael Newsom, Pan-Protestantism and Proselytizing: Minority Religions in a Protestant Empire, 15 Widener Law Review 1-91 (2009).

Survey Released On Prejudice In Europe

YNet News today reports on a study released last month by the Institute for Interdisciplinary Research on Conflict and Violence (IKG) at Germany's University of Bielefeld. The Study on Group-Focused Enmity in Europe revealed the following survey results:

• 50.4% of the Europeans agree that "there are too many immigrants" in their country....
• 24.5% agree that "Jews have too much influence in [country]"....
• 54.4% of the Europeans believe that "the Islam is a religion of intolerance."
• 31.3% agree that "there is a natural hierarchy between black and white people".
• 60.2% say that "women should take their role as wives and mothers more seriously."
• 42.6% say that homosexuality is "immoral".

The study found significant differences in levels of prejudice between countries-- the least was in the Netherlands and the most was in Poland and Hungary. Compared to prior years' studies, prejudice overall increased against only two groups-- Jews and homosexuals.

British Cardinal Rejects Seat In House of Lords

In Britain, Catholic Cardinal Cormac Murphy-O'Connor has turned down an invitation to become the first Catholic bishop to sit in the House of Lords. Prime Minister Gordon Brown hopes to appoint leaders of the major faiths to sit in the House of Lords along with the Church of England's 26 lords spiritual. Earlier this year, England's chief rabbi, Dr. Jonathan Sacks was ennobled and now sits in Parliament's upper house. Today's London Telegraph reports that Cardinal Murphy-O'Connor decided to reject the offer after broad consultation with other bishops and the Vatican. Bishops in England and Wales opposed the Cardinal's becoming a Peer because it might limit the Church's ability to be an impartial and critical voice on government policies. Also canon law bars clergy from taking any office involving the exercise of political power, so a special dispensation from the Pope would have been required.

Another Approach To Public Holiday Displays-- "Only In America"

Today's Coloradoan reports on Larimer County (CO) Sheriff Jim Alderen's third "Apparently Annual Politically Incorrect Christmas Tree Trimming Party." This year, though, in order to be inclusive, the sheriff also invited atheists and agnostics from the Colorado Coalition of Reason to be part of the event. Displays on the grounds outside the Sheriffs Office Administration Building include a Christmas tree, a nativity scene, a menorah and a sign placed from the Coalition of Reason wishing love, illumination and celebration for all during the Winter Solstice. A representative of the Coalition spoke, inviting people to learn more about each other's beliefs.