Court Orders Religious Highway Billboards Removed

A Kentucky state trial court judge has ordered two highway billboards that display religious messages to be taken down within 60 days, finding that they violate state highway beautification laws. Yesterday's Louisville Courier-Journal reports that the billboards violate restrictions on placing billboards within 660 feet of a highway, except in commercial or industrial zones, or under certain other exceptions. Jimmy Harston of Scottsville, Ky., who installed the billboards argued that the state was censoring his religious expression. One of the billboards proclaims "hell is real" (with 10 Commandments excerpts on the other side). The other billboard asks: "If you died today, where would you spend eternity?" The billboards have been up for five years without the required state permit, and the court says its ruling has nothing to do with restricting religious expression. It has to do with highway regulation.

School Yearbook Photo Raises First Amendment Concerns

In Arlington, Washington, the president of the Arlington High School debate club, honors student Justin Surber, is at the center of a First Amendment controversy. Once a week, to provoke debate Surber wears to school a T-shirt picturing philosopher Friedrich Nietzche and a quote from him: "God is dead." Surber also wore the shirt on the day the debate club's photo was taken for the yearbook. The yearbook advisor asked for a retake without the T-shirt, and when that second photo was taken sometime later, in protest Surber and a friend refused to be in it. Surber says his views are being censored, and that photos of students wearing clothing with Christian messages are allowed in the yearbook. According to an AP report yesterday, school officials point to the student handbook which says that student publications are not private speech of students, but are public activities of the school district. They say that the school district's lawyer advised that a student's First Amendment rights are not violated when a yearbook refuses to run a photo of him.

Jewish Groups Split On Issues In Pending Supreme Court CLS Case

An article yesterday from JTA discusses the differences of opinion within the Jewish community over which side to support in the pending Supreme Court case of Christian Legal Society v. Martinez. At issue in the case is whether the University of California's Hastings College of Law may impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. Orthodox Jewish groups have filed amicus briefs on the side of the Christian Legal Society, arguing among other things that if CLS loses, University rules would require Jewish student groups to admit Jews for Jesus proselytizers as members. On the other hand, more secular Jewish civil rights groups such as the ADL are supporting the University, concerned that otherwise government funds will be able to be used to support discriminatory activities. Various of the groups disagree over whether the case is limited to issues relating to student groups, or whether it will have broader implications for faith-based funding.

Newly Merged School Board Will Open Meetings With Prayer

According to a report yesterday from WQAD News, the Mercer County, Illinois School Board has decided to open each of its meetings with a prayer. Superintendent Alan Boucher said they were advised by legal counsel that this would be permissible so long as prayers are non-sectarian and the Board does not favor one religion over another. An organization of local ministers will rotate the prayer among its members. The Mercer Board is newly formed from a merger of the Westmer and Aledo school districts. The Aledo board previously opened its meetings with prayer.

USCIRF Wants US To Raise Religious Freedom Questions In UN On 4 Countries

The U.S. Commission on International Religious Freedom last Friday wrote Secretary of State Hillary Clinton (full text of letter) urging that U.S. representatives to the United Nations raise religious freedom issues at this month's Human Rights Council Universal Periodic Review session. USCIRF is particularly concerned about Iran, Iraq, Egypt and Kazakhstan, all of whom are up for review in the seventh session of the UPR process.

In Morocco, Debate Over Ban On Sale of Alcohol To Muslims

AFP reported yesterday on the efforts in Morocco to repeal laws that prohibit the sale of alcohol to Muslims. The ban, imposed by royal decree in 1967, is largely ignored in the country and the wine industry is an increasingly important part of the country's economy. Bayt Al Hikma, or House of Wisdom, an organization pressing for democratic values, argues that the law that limits sale of alcohol to foreigners violates the constitutional rights of Moroccans. However the Islamist Justice and Development Party strongly backs the ban.

Recent Articles of Interest

From SSRN:

• Paul E. McGreal, The Unpublished Free Exercise Opinion in Jensen v. Quaring, (Southern Illinois University Law Journal, Fall 2009).
• Robert A. Kahn, News Value, Islamophobia, or the First Amendment? Why and How the Philadelphia Inquirer Published the Danish Cartoons, (U of St. Thomas Legal Studies Research Paper No. 10-07, 2010).
• Piero Tozzi, Whither Free Exercise: Employment Division v. Smith and the Rebirth of State Constitutional Free Exercise Clause Jurisprudence, (Journal of Catholic Legal Studies, Vol. 48, No. 2, 2009; Catholic Lawyer, Vol. 48, No. 2, 2009).
• Sherman J. Clark, Neoclassical Public Virtues: Towards an Aretaic Theory of Law-Making (and Law Teaching), (Virtue in the Law, Forthcoming; Michigan State University Legal Studies Research Paper, Feb. 13, 2010).

From Bepress:

• Elimelech Westreich, Elements of Negotiability in Jewish Law in Medieval Christian Spain, (Theoretical Inquiries in Law: Vol. 11 : No. 1, Article 14, 2010).

British Tories Debate Role of Christian Conservatives In Party

Friday's Financial Times carries a lengthy article analyzing the growing importance of Christian conservatives in Britain's Conservative Party. Here is an excerpt:

As Conservatives grasp the real possibility of victory this year, some are asking what degree of power a few evangelical Christians – only 3 per cent of the party members, according to one poll – will wield. The answer will determine the shape and sturdiness of any Conservative government....

As Conservatives grasp the real possibility of victory this year, some are asking what degree of power a few evangelical Christians – only 3 per cent of the party members, according to one poll – will wield. The answer will determine the shape and sturdiness of any Conservative government.

[Thanks to Scott Mange for the lead.]

Welcome To the Blogosphere to Religious Left Law

Welcome to the blogosphere to Religious Left Law. One of the blog's contributors, Prof. Robert Hockett, describes its purpose:

Our aim is to offer a site at which people who adhere to a variety of faith traditions, with perhaps varying degrees of intensity across persons and through time, might discuss legal and cognate subjects together in mutual respect and affection.

Other contributors include Steve Shiffrin, Eduardo Penalver and Michael Perry. A link to the blog has been added to the Religion Clause sidebar. [Thanks to Patrick O'Donnell for the lead.]

UPDATE: I failed to note that Patrick O'Donnell is also a blogger on Religious Left Law.

Recent Prisoner Free Exercise Cases

In Iron Thunderhorse v. Pierce, (5th Cir., Feb. 9, 2010), the 5th Circuit rejected a RLUIPA claim by a Native American inmate. The court upheld prison restrictions denying plaintiff permission to grow his hair, prohibiting him from performing pipe ceremonies in his cell, and limiting vendors from whom he could buy a headband.

In Jones v. Burk, 2010 U.S. Dist. LEXIS 9674 (ED CA, Feb. 4, 2010) , a federal magistrate judge found that plaintiff had exhausted his available administrative remedies, so he could file suit challenging the temporary or permanent denial of various Muslim religious items and access to Muslim clergy. In so finding, the court held that a remedy is not "available" if a prisoner has no reasonable way of knowing about its existence.

In Marchant v. Murphy, 2010 U.S. Dist. LEXIS 10971 (D MA, Feb. 9, 2010), a Massachusetts federal district court rejected a claim by a civilly committed sex offender that his free exercise rights and his rights under RLUIPA were violated by the correctional institution's refusal to create a second competing Native American religious group.

In Blake v. Murphy, 2010 U.S. Dist. LEXIS 10963 (D MA, Feb. 9, 2010), a Massachusetts federal district court denied a 1st Amendment free exercise challenge by a civilly-committed sex offender who sought construction of a sweat lodge so he could practice his Native American religion. The court held that plaintiff was collaterally estopped by a prior state court decision rejecting the same request under RLUIPA.

In Mangus v. Dauphin County Prison, 2010 U.S. Dist. LEXIS 11205 (MD PA, Jan. 8, 2010), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint regarding a religious diet for adherents of Islam and alleged restrictions on prayer and religious attire. The court found that plaintiff failed to connect the warden who she sued to any of the alleged acts and had failed to exhaust her administrative remedies.

In Courtney v. Burnett, 2010 U.S. Dist. LEXIS 11521 (WD MI, Feb. 10, 2010), a Michigan federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 124853, Oct. 5, 2009) and dismissed an inmate's 1st Amendment and RLUIPA claims objecting to the removal of his right to eat in the kosher diet line in the former institution in which he was housed.

In Jaspar v. Moors, 2010 U.S. Dist. LEXIS 12049 (ED CA, Feb. 10, 2010), a California federal magistrate judge recommended dismissing a Jewish inmate's complaint that defendant interfered with his seeing the prison rabbi, after a series of confrontations between plaintiff and defendant over activities in the Protestant chapel.

President Addresses Islamic World Forum; Appoints New Envoy To OIC

Yesterday President Obama addressed by video the U.S.-Islamic World Forum in Doha, Qatar. The White House has posted the text and a video of his remarks. The President said: "the United States and Muslims around the world have often slipped into a cycle of misunderstanding and mistrust that can lead to conflict rather than cooperation." He outlined his efforts to advance "mutual interest and mutual respect" between the U.S. and Muslims around the world. The President also announced yesterday that he has appointed Rashad Hussain to serve as his Special Envoy to the Organization of the Islamic Conference (OIC). Hussain presently serves as Deputy Associate Counsel to the President.

British Appeals Court Says Airline's Ban on Religious Jewelry Was Not Employment Discrimination

In Eweida v. British Airways, PLC, (Eng. & Wales Ct. App., Feb. 12, 2010), Britain's Court of Appeal rejected claims that British Airways had discriminated against employee Nadia Ewieda when, because of its dress rules, it prevented her from wearing a small visible cross with her British Airways uniform. In the appeal-- challenging a decision of the Employment Appeal Tribunal (see prior posting)-- the court said:

In the light of the publicity which this case has received, it is necessary to say what the appeal is not about. It is not about whether BA had adopted an anti-Christian dress code, nor whether members of other religions were more favourably treated, nor whether BA had harassed the appellant because of her beliefs. All of these allegations were rejected by an employment tribunal ... [whose] conclusions are now accepted.... The single issue on which the appellant ... now appeals to this court, was whether there had nevertheless been indirect discrimination which was unjustified.....

Relying on findings below that visible display of a cross was not a requirement of the Christian faith, the court concluded that Ms. Eweida had not shown the indirect discrimination that she had charged, and, if she had, it would have been justifiable as a proportionate means to achieve a legitimate aim. AFP yesterday reported on the decision.

Signatures Filed For Colorado Personhood Amendment

On Friday, Personhood Colorado submitted 79,917 signatures in support of a proposed ballot measure that would amend Colorado's Constitution to provide that the term "person" as used in three provisions of the state's bill of rights "shall apply to every human being from the beginning of the biological development of that human being." The three provisions affected are ones on inalienable rights, equality of justice and due process of law. A release carried on Christian Newswire says that all of the signatures were gathered by unpaid volunteers. The Colorado Secretary of State's Office must now validate the signatures. 76,047 valid signatures are required for the proposal to be put on the ballot later this year.

Another Lawsuit Seeks Return of Break-Away Parish Property To Episcopal Church

Yesterday's Modesto (CA) Bee reports on a new lawsuit growing out of the Dec. 2007 decision of the Episcopal Diocese of San Joaquin (CA) to break away from the Episcopal Church to join the more conservative Province of the Southern Cone. (See prior posting.) In an earlier lawsuit, the Episcopal Church and the parallel Diocese that remained loyal to it sued the break-away diocese that owned most of the property of break-away parishes. However ten of the parishes were separately incorporated and held title to their own property. Most of those parishes surrendered their property, however St. Francis Anglican Church in Turlock (CA) did not. Now a separate lawsuit has been filed against St. Francis seeking return of control of the parish premises and other assets to the Diocese of San Joaquin that remains part of the Episcopal Church. [Thanks to Virtue Online for the lead.]

Saudi Religious Police Again Crack Down On Sale of Valentine's Day Items

As Valentine's Day approaches, yesterday the Saudi Arabian religious police (muttawa) started their annual crack down on stores selling red roses, heart shaped items or gifts wrapped in red. AP reported that police have published a statement in Saudi papers warning stores not to stock such items. The country bans the celebration of Western holidays such as St. Valentine's Day that is named after a Christian saint. Conservative Muslims see it as a celebration of romantic love that corrupts Muslim young people. However Valentine's Day is popular in some parts of the Arab world-- such as Egypt and Dubai. Some Saudis shop for Valentine items weeks in advance to avoid the restrictions enforced by police closer to the day. [Thanks to Scott Mange for the lead.]

Haitian Judge Recommends Release of U.S. Missionaries

In Haiti, a judge has recommended that the ten U.S. Baptist missionaries charged with kidnapping be released and allowed to leave the country, so long as they keep a representative in Haiti to respond to further questions. The Americans went to Haiti to rescue orphans, but a number of the children they tried to bring into the Dominican Republic were turned over to them by parents. (See prior posting.) Yesterday's Christian Science Monitor and CBN News report that the judge's recommendation now goes to the prosecutor for comment. That may take up to five days.

Muslim Scholars Rule That Body Scanners Violate Islamic Law

According to yesterday's Detroit Free Press, the Fiqh Council of North America, a body of Islamic scholars, has ruled this week that going through airport body scanners would violate Islamic law. The fatwa concludes that the scanners violate Islamic rules on modesty. The Transportation Security Administration said that body scanners are optional for all passengers. Those opting out will instead receive equivalent screening that may include a physical pat down, hand wanding and other technologies. Pat downs are performed by TSA officers of the same sex as the passenger, and at the passenger's request can be performed in a private area. Muslim groups are urging their members to opt for these alternative methods.

Magazine Explores Religion of the Founders and Texas Social Studies Curriculum

The New York Times Magazine (in a preview of Sunday's Magazine) has posted a long article titled How Christian Were the Founders? The article's author, Russell Shorto, explores that question largely through the prism of the recent review of the state's social studies curriculum by the Texas State School Board. Shorto writes in part:

The one thing that underlies the entire program of the nation’s Christian conservative activists is, naturally, religion. But it isn’t merely the case that their Christian orientation shapes their opinions on gay marriage, abortion and government spending. More elementally, they hold that the United States was founded by devout Christians and according to biblical precepts. This belief provides what they consider not only a theological but also, ultimately, a judicial grounding to their positions on social questions. When they proclaim that the United States is a "Christian nation," they are not referring to the percentage of the population that ticks a certain box in a survey or census but to the country’s roots and the intent of the founders.

... Maybe the most striking thing about current history textbooks is that they have lost a controlling narrative. America is no longer portrayed as one thing, one people, but rather a hodgepodge of issues and minorities, forces and struggles. If it were possible to cast the concerns of the Christian conservatives into secular terms, it might be said that they find this lack of a through line and purpose to be disturbing and dangerous. Many others do as well, of course. But the Christians have an answer. Their answer is rather specific. Merely weaving important religious trends and events into the narrative of American history is not what the Christian bloc on the Texas board has pushed for in revising its guidelines.

Many of the points that have been incorporated into the guidelines or that have been advanced by board members and their expert advisers slant toward portraying America as having a divinely preordained mission.... The language in the Mayflower Compact — a document that [Don] McLeroy and several others involved in the Texas process are especially fond of — describes the Pilgrims' journey as being "for the Glory of God and advancement of the Christian Faith" and thus instills the idea that America was founded as a project for the spread of Christianity. In a book she wrote two years ago, Cynthia Dunbar, a board member, could not have been more explicit about this being the reason for the Mayflower Compact’s inclusion in textbooks; she quoted the document and then said, "This is undeniably our past, and it clearly delineates us as a nation intended to be emphatically Christian."

[Thanks to Rabbi Michael Simon for the lead.]

Palestinians Ask UN To Halt Jerusalem Museum Construction

The New York Times reports today that sixty Palestinians (represented by the Center for Constitutional Rights in New York) have signed a petition to the United Nations asking it to take steps to stop construction in Jerusalem of the Center for Human Dignity- Museum of Tolerance being built by the Simon Wiesenthal Center. The museum is being built on land that was used as a parking lot for 50 years. However before that, part of the area was a Muslim cemetery. A school, a road and a large park cover the rest of the former cemetery, however descendants of some of those buried in the cemetery now want the museum construction halted. When digging for construction began in 2004, layers of graves dating back to the 11th century were found, and 250 skeletons have been exhumed. The site probably contains some 2000 graves. In 2008, the Israeli Supreme Court ruled that the museum construction could go ahead but ordered the Museum to create a plan with the state Antiquities Authority to either remove human remains for reburial or to build a barrier between the museum foundation and the ground below to avoid disturbing graves. (See prior posting.)

UPDATE: In a Feb. 10 response, the Simon Wiesenthal Center said in part: "the Israeli Antiquities Authority has confirmed that there are no bones or remains on the site, which is currently undergoing infrastructure work. Remains found on the site, which have now been reinterred in a nearby Muslim cemetery were between 300-400 years old. No remains from the 12th century era were found."

5th Circuit Upholds Deportation; Rejects Religious Persecution Plea

In Muhammad v. Holder, (5th Cir., Feb. 10, 2010), the U.S. 5th Circuit Court of Appeals affirmed a decision of the Board of Immigration Appeals that allowed deportation of Baboo Muhammad, a Pakistani who is a member of the Shi'a Ismaili sect. The court agreed with the findings of the Immigration Judge that Muhammad had not shown past religious persecution or a clear probability of religious persecution by Sunni Muslims in the future if he were returned to Pakistan. Muhammad entered the U.S. illegally in 1993.