Challenge To Jail Holiday Music Dismissed

As previously reported, six lawsuits were filed in recent months against Maricopa County, Arizona, Sheriff Joe Arpaio by prisoners who object to his playing Christmas and holiday tunes all day long at all of the county's jails. The play list included Dr. Demento's Christmas album, with humorous holiday songs; Alvin and the Chipmunks; Elvis Presley, including "Blue Christmas"; Celtic chanting; traditional carols by the Mormon Tabernacle Choir; and a CD with titles such as "Feliz Navidad," "Ramadan," "Betelehui," "Over the Skies of Ysrael," and "A Christmas/ Kwanzaa/ Solstice/ Chanukah/ Ramadan/ Boxing Day Song." Four of the suits were dismissed earlier, and now an Arizona federal district court has issued an opinion dismissing one of the remaining challenges.

In Curley v. Arpaio, 2010 U.S. Dist. LEXIS 199 (D AZ, Jan. 4, 2010), the court rejected an Establishment Clause challenge concluding that "Defendant presents a neutral, secular purpose for playing holiday music--to reduce inmate tension at a difficult time of year for inmates, and to promote safety in the jails.... [T]here were no religious activities or prayer, and the secular music diluted any religious effect." The federal court declined jurisdiction over plaintiff's other claim that the music violated the provision in the Arizona Constitution (Art. II, Sec. 12) barring the expenditure of any public funds for religious exercise.

9th Circuit: Asylum Application By Muslim Convert To Christianity Was Timely

In Taslimi v. Holder, (9th Cir., Jan. 4, 2010), the U.S. 9th Circuit Court of Appeals held that an Iranian woman who had converted from Islam to Christianity while in the United States had not waited too long to apply for asylum. The conversion took place in 2002, ten years after she entered the United States on a one-year visitor's visa. The immigration judge concluded that Azra Taslimi was eligible for withholding of removal because it was likely her life or freedom would be threatened in Iran. However Taslimi preferred asylum since that would give her the chance to eventually become a legal permanent resident and eventually a citizen. (Background.) To obtain asylum, an individual must apply within one year of entering the country or within a "reasonable period" later after a change of circumstances (such as her conversion). Taslimi waited seven months after her conversion. The Court of Appeals concluded that this was reasonable because the conversion ceremony was merely the beginning of a process that called for spiritual growth. Taslimi did not apply for asylum immediately because she wanted to be sure that her conversion was going to be a life-long decision. The Los Angeles Metropolitan News-Enterprise reports on the decision.

Religious Parties Likely Banned In Bangladesh

BDNews24 reports on an important constitutional development in Bangladesh. In 2005, a High Court invalidated the Fifth Amendment to Bangladesh's Constitution which was meant to provide constitutional legitimacy to governments in power after the assassination of Bangabandhu Sheikh Mujibur Rahman in 1975. The amendment also, for the first time, permitted religion-based political parties. The Supreme Court stayed the High Court's invalidation after the government sought leave to appeal. However now the government has dropped its request to appeal and the Supreme Court lifted its stay. The Times of India today reports with the new Supreme Court decision, parties will be required to drop "Islam" from their name and may not use religion in campaigning. However there are still two more petitions pending for leave to appeal the High Court's decision. A hearing on those will be held January 18.

Indian Court Delays Start of Shariah-Compliant Investment Company

In India yesterday, the Kerala High Court ordered the Kerala government not to start operations of a proposed Islamic investment company in which the Kerala State Industrial Development Commission would hold 11% ownership. The company is to issue Shariah compliant investment products. Qatar's Peninsula and India's Economic Times today report that the temporary order was issued to permit the court to hear a challenge to the company filed by Janata Party leader Dr. Subramanian Swamy. His complaint argues that government participation in compliance with Shariah amounts to the State Government favoring a particular religion in violation of Articles 14 and 25 of the Indian Constitution. The CEO of the proposed company is required to report to the Shariah Advisory Board. The complaint argues that this means the Board will have some measure of supervision over the proposed company. The complaint also alleges that the proposed investment company violates the Banking Regulation Act of 1949.

Uzbek Court Rejcts Fines But Upholds Convictions of 3 Baptist Officials

Baptist Press yesterday reported that a court in Uzbekistan last month overturned high fines that were levied in October against the president of the Baptist Union, a Baptist Union accountant and a Baptist camp director. However their criminal convictions were left standing, as was the bar on their holding responsible positions in the Baptist Union for three years. The charges against the three of evading taxes and involving children in religious activities without their parents' consent grew out of assemblies held at the Joy Baptist Children's Camp. Some camp parents testified in favor of the three, while one parent who had signed a complaint said it had been dictated to her by prosecutors.

ACLU Enters Agreement With School Board Barring Bible Distribution

The ACLU of Tennessee announced yesterday that it had entered a Settlement Agreement (full text) with Wilson County (TN) school officials under which the schools agree to refrain from permitting the distribution of Bibles to students on school grounds during school hours. A demand letter (full text) was sent to the school board last October after an assembly was held for 5th graders at the district's Carroll-Oakland school. A member of the Gideons spoke, and each row of students was called up to take a Bible. Though their teacher told them it was not required they do so, not surprisingly all the students took a Bible. The parents who complained to the ACLU said their daughter took it only because of peer pressure. Back in their classroom, the teacher instructed students to write their names in their Bibles for their personal use.

Suit Challenges Oregon Law On Mandatory Workplace Meetings, But Not Religious Speech Provision

In Oregon, a business group, Associated Oregon Industries, had filed a federal lawsuit challenging Oregon's Senate Bill 519 that took effect January 1. The new law prohibits employers from firing or penalizing workers who refuse to attend employer-sponsored meetings discussing political issues or candidates, religious matters or union organizing. Plaintiffs object to the law's ban on their calling meetings to rebut union organizing. The complaint (full text) in Associated Oregon Industries v. Avakian, (D OR, filed 12/22/2009), claims that insofar as SB 519 applies to speech regarding whether employees should join a union, the law is pre-empted by the National Labor Relations Act. They also argue that SB 519's restrictions on speech opposing unionization violates their First Amendment free speech rights. Plaintiffs do not challenge the law's ban on forcing employees to listen to religious or other types of political speech. Yesterday's Newberg (OR) Graphic reported on the lawsuit.

In Florida, Quaker High School Teacher Sues Claiming Discrimination

In Ocala, Florida, teacher Ronald Wray has filed suit against the Marion County School Board charging that he was effectively forced to resign from his construction teaching position at Marion Technical Institute because of a hostile work environment. Wray, a Quaker, claims that principal Mark Vianello objected to his religious-inspired black clothing. According to a report yesterday from the Ocala Star-Banner, Wray resigned in 2007 after the principal told him "not to come to school with a Blues Brothers or Johnny Cash look," called him a "nut job," and threatened not to let him walk in graduation because of his dress, among other threats. He says the principal passed him over for a promotion and threatened to blackball him and his wife from other teaching positions. After he resigned, Wray ran for school superintendent position, but lost. His lawsuit alleges violations of Title VII of the 1964 Civil Rights Act. Apparently Wray now teaches at South Fort Myers High School.

Court Says Minister's Breach of Contract Claim Might Be Able To Proceed

In Mundie v. Christ United Church of Christ, (PA Super, Dec. 31, 2009), a Pennsylvania appellate court refused to dismiss at this stage of the litigation a breach of contract lawsuit by a pastor who had been terminated by his congregation's Consistory. The trial court, accepting defendant's First Amendment argument, had held it lacked jurisdiction because the dispute was ecclesiastical in nature. The appellate court, however, held that plaintiff should first be given an opportunity to show that he can prove his case without resort to evidence that would excessively entangle the court with church matters.

Businessman Creates Protest To Swiss Ban on Minarets

Today's Wall Street Journal reports on the attention being given to a protest mounted by a Swiss businessman who strongly disagrees with the result of November's Swiss referendum banning any new construction of minarets. (See prior posting.) In Bussigny, Switzerland, businessman Guillaume Morand quickly constructed an illuminated 20-foot high plastic and wood minaret, attached to the chimney of his shoe store warehouse. Morand said: "The referendum was a scandal. I was ashamed to be Swiss. I don't have the power to do much, but I wanted to give a message of peace to Muslims." The Justice Ministry does not plan to take action against Morand. It says it regards the minaret as a temporary structure. Neither does the town's acting mayor who says this is not really a minaret since it has no connection to a mosque.

Report Details Crimes Against U.S. Christian Churches In 2009

Christian Post reported yesterday that a new report for 2009 on "Crimes Against Christian Organizations in the United States" indicates that there were at least 1,237 crimes committed against Christian churches and ministries in the United States last year. The report issued by the Christian Security Network says that over 700 of the incidents were burglaries.

Orthodox Church In Russia Poised For More Political Involvement

Yesterday's Georgian Daily says that Russian Orthodox Patriarch Kirrill is positioning the Russian Orthodox Church for a greater role in Russian politics. The paper first cites a speech by Kirrill to the Russian Academy of State Service in which he argued that Russia should be judged by its unique values and not by "alien" European criteria-- a position that echos the views of Prime Minister Vladimir Putin. Second, he has strongly criticized Europeans for surrendering their values to "passionate" Muslims. Finally Kirrill signed a new cooperation agreement with the Russian Academy of State Service, pressing the government to aid religious groups according to their relative size. The agreement opens the way for more priests to receive training at the Academy of State Service.

Attorney Hit With Rule 11 Sanctions For Campaign To Recuse Catholic Judge

A Florida federal district court judge has imposed extensive Rule 11 sanctions on attorney Loring Spotler who turned motions to force the judge to recuse himself into a "dogged and relentless" campaign against the judge when the motions were denied. In a group of cases captioned Bettis v. Toys "R" Us, (SD FL, Sept. 30, 2009), Judge William J. Zloch recounted the beginnings of the controversy:

Two years ago, in Sabatier and Bettis, Mr. Spolter claimed that I was a Catholic zealot bent on ruling against women who returned to work after giving birth. He extrapolated as much from the facts that I am Catholic, some of the law clerks I have hired attended Catholic law schools, and I have affiliations with the Federalist Society. Based on these facts, he moved for my recusal from both cases.

A 2007 ABA Journal article explained that the charges grew out of Judge Zloch's ties to Ave Maria Law School and his hiring three law clerks from the school. However they escalated into charges that the Clerk's Office was engaged in a conspiracy to undercut the random assignment of cases to different judges. Judge Zloch concluded in his opinion:

In these collected cases there is no question that Mr. Spolter acted in bad faith, both objective and subjective, when he filed his Motions To Recuse. He filed these Motions knowing they had no basis in fact or law and he continued to defend them in the face of overwhelming evidence of their baselessness.... He did this for an improper purpose: to defame and cast a cloud over the Federal judiciary in relentless pursuit of recusal.

The court imposed $99,140 of defendants' attorneys fees and on Spotler, and fined Spotler an additional $10,000. In addition he suspended Spotler from practice before the federal court for 42 months and referred Spotler to the Florida bar. The ABA Journal yesterday reported on the decision.

South African President Takes 3rd Wife In Zulu Ceremony

South African President Jacob Zuma yesterday married his third wife in a traditional Zulu ceremony, according to the London Guardian. The Zulu tribe practices polygamy by tradition, and it is recognized under South African law. South Africa's Constitution (Sec.31) protects the cultural practices of Zulus and other groups. Zuma's new wife is Tobeka Madiba, described as a socialite from Durban. Zuma apparently has fathered three children with Madiba. The 67-year old Zuma is also planning to add yet another wife before long. Gloria Bongi Ngema, who now works for IBM in Johannesburg and who has a child by Zuma, presented umbondo (gifts) to the Zuma family last week, customarily a precursor to marriage. The Johannesburg Times yesterday reported that Christian Democratic Party leader Rev. Theunis Botha strongly criticized Zuma, saying that Zuma's "alarming return to ancestral worship is a giant step back into the dark ages."

Recent Articles and Book of Interest

From SmartCILP:

• Steven F. Friedell, Some Observations About Jewish Law in Israel's Supreme Court, 8 Washington University Global Studies Law Review 659-700 (2009).


• Jose Gabilondo, Institutional Pluralism from the Standpoint of Its Victims: Calling the Question on Indiscriminate (In)tolerance [Abstract], 21 Law & Literature 387-401 (2009).


• Michael P. Moreland, Universalism and Particularism in Bioethics: Lessons from Theological Ethics [Abstract], 21 Law & Literature 415-430 (2009).


• Johannes Reich, Switzerland: Freedom of Creed and Conscience, Immigration, and Public Schools in the Postsecular State--Compulsory Coeducational Swimming Instruction Revisited, 7 I.Con: International Journal of Constitutional Law 754-767 (2009).


• Nicholas Wolterstorff, Donald A. Giannella Memorial Lecture: Can Human Rights Survive Secularization?, 54 Villanova Law Review 411-420 (2009).


• Constitutional Law Symposium: Global Perspectives on Religion, the State, and Constitutionalism. Articles by Abdullahi Ahmed An-Na'im, Thomas F. Farr, Frank S. Ravitch, Richard W. Garnett, Laura Dudley Jenkins and T. Jeremy Gunn. 57 Drake Law Review 829-984 (2009).


• The Federalist Society Religious Freedom Panel. Religious Liberties: The International Religious Freedom Act. William L. Saunders, moderator; Thomas F. Farr, Richard W. Garnett, IV and T. Jeremy Gunn, panelists. 31 Houston Journal of International Law 469-514 (2009).

The Journal of Church & State, Vol 51, No. 2, Spring 2009 has recently been issued.

Recent Book:

• Jytte Klausen, The Cartoons that Shook the World, (Yale Univ. Press., Sept. 2009).

Virgina Muslim Prison Chaplains Want More State Support

Virginia is one of the few states that does not have its own staff of professional chaplains. Instead it contracts with the Chaplain Service of the Churches of Virginia, a Protestant group, to provide religious programs for inmates of all faiths. The chaplain group receives $780,000 per year from the prison commissary fund to help subsidize its activities. Today's Lynchburg (VA) News & Advance reports that the all-volunteer Muslim Chaplain Service, which for the first time was recently awarded a $25,000 grant from the state, wants more state funding so it can hire more imams to serve prisoners. The Protestant Chaplain Service agrees that more Muslim chaplains are needed to serve the 1,700 to 2,500 Muslims in Virginia prisons and to prevent radicalization through "jailhouse Islam."

Report Says Egypt Court Upholds Ban of Niqab In University Exam Rooms

Reuters and UAE's The National report that yesterday an administrative court in Cairo, Egypt upheld the decision by higher education minister Hany Helal and heads of three universities to bar women from wearing the niqab (full face veil) while taking university exams. The government said that the ban was imposed in part because students (male and female) were taking exams disguised as others by wearing the face veil. Some three weeks ago, ANSAmed reported that a Cairo administrative tribunal had invalidated the ban on the niqab in exam rooms and university areas. (See prior posting.) It is not clear what the relationship is between the two decisions.

A Survey of Law & Religion Casebooks For Law Schools

As the new semester is about to begin, here is a listing of casebooks and teaching materials on law and religion designed for law schools and law students available from major law book publishers (listed alphabetically by author):

• Ariens & Destro, Religious Liberty in a Pluralistic Society, 2d ed., (Carolina Academic Press, 2002).
• Belsky & Bessler-Northcutt, Law and Theology, (Carolina Academic Press, 2005).
• Berg's The State and Religion in a Nutshell, 2d (West Pub., 2004).
• Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials (West Pub., 2008).
• Gey, Fonvielle & Hinkle, Religion and the State, 2d ed, (Matthew Bender, 2006).
• Griffin's Law and Religion, Cases and Materials (Foundation Press, 2006) with 2009 Supplement.
• Loewy's Religion and the Constitution: Cases and Materials (West Pub., 1998) with 2002 Supplement.
• McConnell, Harvey & Berg, Religion and the Constitution, 2d ed., (Aspen Publishers, 2006).
• Noonan and Gaffney's Religious Freedom: History, Cases and Other Materials on the Interaction of Religion and Government, 2d ed. (Foundation Press, 2010) (available 4/2010, earlier edition currently available).
• Ravitch's Law and Religion, A Reader: Concepts, Cases and Theory, 2d ed. (West Pub., 2004).
• Volokh's The Religion Clauses and Related Statutes: Problems, Cases and Policy Arguments (Foundation Press, 2005).
  
• UPDATE: Conkle's Constitutional Law - The Religion Clauses, 2d edition (Turning Point Series), (Foundation Press 2009).

Proposed Monument To Secular Government Raises Opposition

Yesterday's Cumberland (MD) Times-News reports on a battle over monuments on public property that has a new twist. Edward W. Taylor Jr., of the Cumberland Historic Cemetery Organization, is objecting to the decision by the Allegany County(MD) Board of Commissioners to allow a monument honoring the U.S. Constitution to be placed on the county court house lawn. It would join a statue of George Washington and a Ten Commandments monument already there. The problem, however, according to opponents is that the new monument will contain an engraving that it was donated by Citizens for a Secular Government. Taylor says that the United States was founded on Judeo-Christian principles, and that the word "secular" should not be included on a monument on public property. He says that backers should place the monument on provate property if they want to put it up. The person behind the new monument to the Constitution is Dr. Jeffrey Davis who, in 2004, led an unsuccessful effort to have the Ten Commandments monument removed from the court house lawn.

British Clergy Want Health & Safety Law Protection

In Britain, clergy are seeking to get legislation to protect their safety in the work place. Today's London Telegraph reports that the Church of England succeeded in 2005 in preventing clergy from being covered by the health and safety laws that protect other employees. Clergy are treated as "office holders" rather than employees. However Unite, the union that represents priests, says that things such as faulty wiring, toppled gravestones and tiles falling off roofs are placing clergy in harms way, as is a lack of security at many vicarages. The government's Department for Business, Innovation and Skills is looking into whether health and safety legislation should be expanded to include clergy.