Church's Appeal of Zoning Decision Is Only Partly Successful

In Our Savior Evangelical Lutheran Church v. Saville, (IL App., Dec. 31, 2009), an Illinois appellate court rejected a free exercise challenge to the Aurora (IL) Zoning Ordinance as well as a challenge under the Illinois Religious Freedom Restoration Act. At issue was the Church's application for zoning approval to build an addition to the church and a parking lot. The Church argued in part that provisions limiting the site plan review process-- as opposed to applying for a special use permit-- to churches on major thoroughfares was discriminatory. The court disagreed. However the court remanded the case to the trial court for it to examine whether denial of the Church's application for a special use permit violated the Church's substantive due process rights. The remand was occasioned by the fact that during the pendency of the appeal, the state legislature amended the law to grant trial courts de novo review powers over decisions denying a special use permit.

Protests, Church Attacks Greet Malaysian Decision on Use of "Allah" By Catholic Paper

In Malaysia, last week's High Court decision (see prior posting) allowing the Catholic newspaper, The Herald, to use the word "Allah" in its Malay-language edition to refer to God, has generated protests in mosques and arson attacks on four Christian churches. Today both the London Times and Al Jazeera report on developments. Molotov cocktails were thrown at four churches around Kuala Lumpur. Only one of the churches, the Metro Tabernacle Church, was seriously damaged. Speakers in mosques protested the court's decisions and protesters carried signs charging heresy. Police have stepped up security at churches and political leaders have condemned the attack. Also, apparently in reaction to the court ruling, the website of the Malaysian judiciary was hacked on Thursday and threatening messages were posted. The court's decision will be appealed and its implementation has been stayed while the appeal is pending.

UPDATE: AP reports that on Sunday, two more churches were fire bombed and a third was splashed with black paint. Government leaders and many Muslims have condemned the attacks. In Egypt, Syria and Indonesia Christians commonly use the word "Allah" to describe God.

President Sends Greetings On Orthodox Christmas

Yesterday the White House issued a statement (full text) from President Barack Obama extending warmest wishes to Orthodox Christians celebrating the Great Feast of the Nativity.

New Jersey Senate Rejects Same-Sex Marriage Bill

The New Jersey Senate yesterday voted down A818, the proposed Civil Marriage and Religious Protection Act that would have legalized same-sex marriage in the state. Yesterday's Christian Science Monitor and the Asbury Park Press report that the vote was 20 opposed, and 14 in favor, with 5 senators not voting. New Jersey already recognizes civil unions, but supporters of gay marriage say that there are still restrictions on insurance benefits available to couples who are only in civil unions. Opponents argued for the traditional definition of marriage, and said any change should be through a referendum.

(See prior related posting.)

Challenge To Military Prayers Dismissed For Failure To Exhaust Intramilitary Remedies

In Chalker v. Gates, (D KS, Jan. 7, 2010), a Kansas federal district court dismissed for failure to exhaust intramilitary remedies a claim by a soldier stationed at Ft. Riley that his rights were violated when he was required to attend three Army functions at which sectarian Christian prayers were delivered. One of the events was the "welcome home" ceremony after his unit returned from Iraq. Spc. Dustin Chalker's complaint alleged that mandatory attendance at these events violated the Establishment Clause and in effect created a "religious test" for him to serve as a soldier in violation of Art. VI of the Constitution. While concluding that Chalker had standing to bring the claims, the court said that he should have either filed a request for religious accommodation or filed an administrative Equal Opportunity complaint, instead of merely complaining through his chain of command. The suit was also filed by the Military Religious Freedom Foundation. AP yesterday reported on the decision.

Obama Says Must Engage With Muslims To Prevent Lone-Wolf Radicalizations

Yesterday, President Obama delivered widely-covered Remarks on Strengthening Intelligence and Aviation Security (full text) summarizing the results of initial reviews he ordered after the attempted Christmas-day bombing of a plane heading to Detroit. A portion of the President's remarks were addressed to the issue of al Qaeda's attempts to radicalize and recruit lone individuals around the world. He said:

And we know that the vast majority of Muslims reject al Qaeda. But it is clear that al Qaeda increasingly seeks to recruit individuals without known terrorist affiliations not just in the Middle East, but in Africa and other places, to do their bidding. That's why I've directed my national security team to develop a strategy that addresses the unique challenges posed by lone recruits. And that's why we must communicate clearly to Muslims around the world that al Qaeda offers nothing except a bankrupt vision of misery and death –- including the murder of fellow Muslims –- while the United States stands with those who seek justice and progress.

To advance that progress, we've sought new beginnings with Muslim communities around the world, one in which we engage on the basis of mutual interest and mutual respect, and work together to fulfill the aspirations that all people share -- to get an education, to work with dignity, to live in peace and security. That's what America believes in. That's the vision that is far more powerful than the hatred of these violent extremists.

AALS 2009 Newsletter Has Lengthy Law and Religion Bibliography

The Association of American Law Schools Section on Law and Religion has issued its December 2009 Newsletter containing a 35-page bibliography of articles, books and websites on law and religion published during the past year.

Irsaeli Court Overturns City's Freeze On Synagogue Construction

In Israel, a Tel Aviv District Court has ruled that construction of a planned Orthodox synagogue in the city of Netanya can proceed. Arutz Sheva reported on the case yesterday. Last March, Reform Jewish groups obtained an administrative order freezing all budgetary allocations for synagogue construction in the city until funding was made available for construction of a Reform synagogue as well. The freeze order was appealed and a lower court overturned the freeze. The Reform groups appealed, but the District Court dismissed the appeal, allowing construction to begin. The Reform groups were assessed court costs equivalent to $1300 (US) plus a 16% Value Added Tax.

New Report Ranks 50 Worst Countries For Persecuting Christians

The group Open Doors yesterday released its 2010 World Watch List of the 50 countries where persecution of Christians for religious reasons is most severe. The 10 worst in the list are: North Korea, Iran, Saudi Arabia, Somalia, Maldives, Afghanistan, Yemen, Mauritania, Laos and Uzbekistan. The rankings are compiled from a specially designed questionnaire that focuses on various aspects of religious liberty.

Indian Court Upholds Ban On Book Critical of Islam

In Bhasin v. State of Maharashtra, (Bombay High Ct., Jan. 6, 2010), India's High Court of Judicature at Bombay upheld a ban imposed by the State of Maharashtra on circulation of the book by R.V. Bhasin titled Islam – A Concept of Political World Invasion By Muslims. The government acted under Sec. 95 of the state's Code of Criminal Procedure, 1973 which allows an order of forfeiture to be issued against any newspaper, book or document that promotes enmity or hatred against a group on religious grounds. In a 150-page opinion, the 3-judge court concluded:

The possibility of [the book] falling in the hands of an inflammable mob cannot be ruled out. The way this sensitive topic is handled by the author, it is likely to arouse the emotions or sensibilities of even strong minded people. We have held that criticism of Islam is permissible like criticism of any other religion and the book cannot be banned on that ground. But we have also held that the criticism of Islam is not academic. The author has gone on to pass insulting comments on Islam, Muslim community with particular reference to Indian Muslims. It is an aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims.

Reports today by DNA and Express News Service have additional details on the opinion.

CAIR Says New TSA Security Policies Target American Muslims

Last Sunday, in the wake of the unsuccessful attempt to bomb an airplane coming into Detroit, the Transportation Security Administration announced that it "is mandating that every individual flying into the U.S. ... traveling from or through nations that are state sponsors of terrorism or other countries of interest will be required to go through enhanced screening." On Tuesday, CAIR issued a press release complaining that this policy

will disproportionately target American Muslims who have family or spiritual ties to the Islamic world and therefore amount to religious and ethnic profiling.... Under these new guidelines, almost every American Muslim who travels to see family or friends or goes on pilgrimage to Mecca will automatically be singled out for special security checks -- that’s profiling.... While singling out travelers based on religion and national origin may make some people feel safer, it only serves to alienate and stigmatize Muslims and does nothing to improve airline security.

CAIR said that a policy is needed that looks at behavior, not faith or skin color. Yesterday's Detroit News carried a column by CAIR's Michigan Executive Director, Dawud Walid, making the point at greater length.

Proposed Russian Law Would Return State-Owned Religious Property To Orthodox Church

According to Interfax yesterday, Russian Prime Minister Vladimir Putin says that a bill has been drafted to deal with transferring state-owned religious property back to the Russian Orthodox Church. Putin said that all assets must be transferred "in a proper form and accompanied by proper financial procedures." In a meeting with Patriarch Kirrill, Putin said he is certain that the Church and the government "will find the solutions that will return to regional organizations what they rightfully own rather than destroy what was created in the past years."

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.