Turkish Military Commanders Arrested In Plot Against Islamic Leaning Prime Minister

AP reported yesterday that Turkish police have arrested 52 military commanders for planning a military overthrow of the Islamic oriented government of Prime Minister Tayyip Erdogan. In simultaneous operations in eight cities, police detained the military leaders, including 21 generals and admirals. They are charged with plotting to blow up mosques in order to set off a military coup. They also are charged with planning to shoot down a Turkish warplane to trigger an armed conflict with Greece. Turkey's military has always strongly supported secularism in the country. (See prior related posting.)

Study On the Religion Blogosphere Released

The Social Science Research Council has released a study titled "The New Landscape of the Religion Blogosphere." SSRC describes the study:

This report surveys nearly 100 of the most influential blogs that contribute to an online discussion about religion in the public sphere and the academy. It places this religion blogosphere in the context of the blogosphere as a whole, maps out its contours, and presents the voices of some of the bloggers themselves.

Religion Clause is among the blogs included in the study.

US Supreme Court Refuses Review In Bible Trademark Infringement Case

Today the U.S. Supreme Court denied certiorari in Phillips v. Mike Murdock Evangelistic Association, (Docket No. 09-7813, 2/22/2010). (Order List.) In the case, the U.S. 9th Circuit Court of Appeals (full opinion LEXIS link) rejected a trademark infringement claim brought by the author of the Wisdom Bible of God against the author of The Wisdom Bible. It held that the term is descriptive and had not acquired a secondary meaning.

Uganda Lawuit Challenges Polygamy; Government Says It Is Protected Religious Practice

In Uganda earlier this month, the women's rights organization Mifumi Uganda Ltd. filed a petition in the country's Constitutional Court seeking to have laws that permit men to practice polygamy, but do not permit women to have more than one husband, declared unconstitutional. The suit argues that provisions in the Customary Marriages Registration and the Marriage and Divorce of Mohammedan Act that allow polygamy violate the right to equality guaranteed in Article 21 of Uganda's Constitution. (Mufumi press release.) Friday's Kampala Daily Monitor reports that the Attorney General's Office has responded to the petition by arguing that polygamy is protected by Article 37 of the Constitution that guarantees the right "to belong, practice, enjoy, profess and promote any culture, tradition and religion of his or her own choice."

Program Encourages Non-School Sponsored Baccalaureate Services

The Pacific Justice Institute last week announced its second annual campaign to encourage churches and Christian student clubs to host baccalaureate services for high school seniors. PJI is offering free legal advice, practical tips and model formats for programs that respect church-state separation because they are not school-sponsored.

Indian State Seizes Workbooks With Offensive Picture of Jesus

In the Indian state of Meghalaya, the government has seized from schools and bookstores all copies of a primary school cursive writing workbook that contains a picture of Jesus holding a cigarette and a beer can. BBC News reported on Friday that the book was published by Skyline Publications in New Delhi. The book was discovered by a private school in the city of Shillong. The Catholic Bishops Conference in India has now ordered removal of all books published by Skyline from all its schools. Meghalaya Education Minister Ampareen Lyngdoh said the government is considering taking legal action against the publishers over the offensive picture. Meghalaya state is 70% Christian. The Christian Post on Sunday reported that the publishers have issued an apology. [Thanks to Scott Mange for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Josh Goodman, Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel, (Hastings International and Comparative Law Review, Vol. 32, No. 2, p. 379, Summer 2009).
• Marc O. DeGirolami, No Tears for Creon, (Legal Theory, Forthcoming).
• Richard F. Storrow, Medical Conscience and the Policing of Parenthood, (William & Mary Journal of Women and the Law, Vol. 16, No. 2, pp. 369-393, 2010).
• Gregory P. Magarian, Religious Argument, Free Speech Theory, and Democratic Dynamism, (Washington U. School of Law Working Paper No. 10-02-04, Feb. 18, 2010).
• Florian H. Karim Theissen & Hans-Martien Ten Napel, Th.D., Taking Pluralism Seriously: The US and the EU as Multicultural Democracies, (Bart C. Labuschagne & Reinhard W. Sonnenschmidt, eds., Religion, Politics and Law: Philosophical Reflections on the Sources of Normative Order In Society, pp. 363- 392, Brill, 2009).
• Patrick McKinley Brennan, Are Catholics Unreliable from a Democratic Point of View? Thoughts on the Occasion of the Sixtieth Anniversary of Paul Blanshard’s American Freedom and Catholic Power, (Villanova Law Review, 2010).
• Patrick McKinley Brennan, Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining, (Villanova Law Review, 2010).
• Raphael Cohen-Almagor, Holocaust Denial is a Form of Hate Speech, (Amsterdam Law Forum, 2009).

From SmartCILP:

• Craig C. Briess, The Crescent and the Corporation: Analysis and Resolution of Conflicting Positions Between the Western Corporation and the Islamic Legal System, 8 Richmond Journal of Global Law & Business 453-511 (2009).
• Scott Thompson, House of Wisdom or a House of Cards? Why Teaching Islam in U.S. Foreign Detention Facilities Violates the Establishment Clause, 88 Nebraska Law Review 341-384 (2009).

Recent Books:

• Ronojoy Sen, Articles of Faith: Religion, Secularism, and the Indian Supreme Court, (Oxford Univ. Press India, Dec. 2009), reviewed in The Hindu.
• Bill Donohue, Secular Sabotage: How Liberals Are Destroying Religion and Culture in America, (Faith Words, Sept. 2009), reviewed in National Catholic Register.

Recent Prisoner Free Exercise Cases

In Vinning El v. Evans, 2010 U.S. Dist. LEXIS 13294 (SD IL, Feb. 16, 2010), plaintiff claimed his request for a vegan diet as required by his Moorish Science Temple beliefs was denied before he was transferred to his present facility. An Illinois federal district court dismissed his claims under RLUIPA because his claim for injunctive relief was now moot, and damages are not available under RLUIPA. However the court refused to dismiss his Free Exercise claim for damages because it read recent 7th Circuit precedent as requiring the state to show that it was using the least restrictive means when prison rules impose a substantial burden on religious practice.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 13278 (SD IL, Feb. 16, 2010), an Illinois federal district court allowed an inmate to move ahead with claims that since changing his religion to Judaism, certain prison officials refused to provide him with meals and clothing satisfying his religious needs, denied him access to certain religious items and to group religious worship, and imposed grooming policies that contradict his religious beliefs. It also allowed him to move ahead with a retaliation claim. A number of other claims were dismissed without prejudice.

In Sims v. Hudson, 2010 U.S. Dist. LEXIS 13392 (SD GA, Feb. 17, 2010), a Georgia federal district court, adopting a magistrate's recommendations (2010 U.S. Dist. LEXIS 13440, Jan. 4, 2010) held that a Muslim prisoner's free exercise rights were not violated by the prison's shower-restriction policy. Plaintiff did not show that showering at prescribed times presented an unacceptable delay before Juma'h, or Friday prayers, under Islamic law or teaching that required purification before prayer.

In Henderson v. Hubbard, 2010 U.S. Dist. LEXIS 14256 (ED CA, Feb. 18, 2010), a California federal magistrate judge recommended dismissal on statute of limitations grounds of a claim by a Muslim inmate that his free exercise rights and his rights under RLUIPA were infringed when he was denied conjugal visits with his wife. He claimed his Muslim religious beliefs require him to engage in sexual relations with his wife.

In Celestine v. Estes, 2010 U.S. Dist. LEXIS 14361 (WD LA, Feb. 18, 2010), a Louisiana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 14131, Jan. 20, 2010) and dismissed as frivolous claims by a Hindu prisoner that he is being denied equal time in the prison chapel, is being denied use of a room in the educational building in the evening, and is not being supplied with a Hindu vegetarian diet.

In Saunders v. Wilner, 2010 U.S. Dist. LEXIS 14127 (D CO, Feb. 18, 2010), a Colorado federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 125123, Aug. 25, 2009) and permitted plaintiff to move ahead on his claims for injunctive relief (but not damages) under the 1st Amendment and RFRA. Plaintiff practiced the Eckankar Religion, whose primary focus is on group meditation. He wanted to be able to gather with other followers and have a spiritual leader preside over such gatherings.

DC Court Refuses To Delay Effectiveness of Same-Sex Marriage Law

In Washington, D.C. on Friday, the D.C. Superior Court tentatively rejected an attempt to prevent the city's Religious Freedom and Civil Marriage Equality Amendment Act of 2009 from going into effect on March 3. The Act authorizes same-sex marriage in D.C. Metro Weekly reports that challengers sought the delay while the court is deciding on their attempt to get a referendum on the new law. The DC Board of Elections and Ethics has rejected the referendum petition because it would undercut attempts to eradicate discrimination prohibited by the D.C. Human Rights Act. That ruling is on appeal to the Superior Court. (See prior posting.)

Haitian "Orphans" Actually Had Parents Alive

AP reported yesterday that the 33 Haitian children that Baptist missionaries from the U.S. attempted to take illegally to an orphanage in the Dominican Republic after the recent earthquake (see prior posting) were not orphans. All were all turned over to the missionaries by parents because the parents were promised the children would be kept safely there. Two of the missionaries, leader Laura Silsby and her her assistant, Charisa Coulter, are still being held in jail in Haiti. Silsby after her arrest claimed that the children were either orphans or came from distant relatives. Apparently even before the January 12 earthquake, half of the 380,000 children in Haiti's orphanages have parents who are living. However they are unable to care for the children.

Summum Case Back In District Court On Establishment Clause Issue

When the U.S. Supreme Court last year decided Pleasant Grove City, Utah v. Summum (see prior posting), it held that Summum's free speech rights were not violated by the city's refusal to permit it to erect its Seven Aphorisms monument in a public park. However the court left open the question of whether the Establishment Clause precludes the city from excluding that monument when a 10 Commandments monument is already in the park. Friday's Salt Lake Tribune reports that the case is now back in the district court on that issue. The city has asked to court to dismiss the case, arguing that the 10 Commandments monument conveys a secular historical message. Summum on the other hand has asked the court to permit it to put up a display of its Seven Aphorisms while the lawsuit is pending.

Illinois Appeals Court Issues TRO To Stop Relocation of Graves In O'Hare Expansion

The Chicago Tribune and NBC Chicago report that an Illinois appellate court on Thursday issued a temporary restraining order barring the city of Chicago from relocating any more graves from the St. Johannes Cemetery. In long-running litigation, the city is attempting to obtain the cemetery land to use for expansion of O'Hare International Airport. Earlier this month, a DuPage County trial court ordered the transfer of title of the 5.3-acre cemetery from St. John's United Church of Christ to the city for $630,000. (See prior posting.) Since then, the city has relocated 24 graves to nearby cemeteries with the consent of the families of the deceased. The new TRO prevents the city from taking further action on disinterments while an appeal is pending even where it has already received permission from families. However families may still relocate graves, so long as the city is not involved. In the case, church members have so far unsuccessfully argued that removal of graves substantially burdens their religious exercise.

Head of White House Faith Based Office Outlines Its Goals

On Thursday, Joshua DuBois, Executive Director of the White House Office of Faith-based and Neighborhood Partnerships gave a speech (full text) at the Brookings Institute on the broad vision of the Office and its work over its first year. Here is an excerpt:

From storefront churches in South Carolina to huge congregations in the Midwest, everyone from religious leaders to civil libertarians had the perception that the faith-based office consisted of a big pot of money in the White House – dollars everyone knew about, but only a politically-connected few had access to..... [I]t is an often misunderstood point that there is absolutely no dedicated funding stream specifically for faith-based groups....

[A]t the end of the day, President Obama knows that the relationship between the federal government and religious organizations must not be about money alone. Many faith-based groups do not want to receive federal funds, because of the various restrictions attached to those dollars. Many others should not receive federal grants, because they're either unable or unwilling to separate those funds and use them through appropriate means.

So we must find a way to work with the vast majority of those faith-based organizations who will not receive money from the government, while insuring of course that those who wish to apply for and receive federal support do so in a way that respects both their rights and responsibilities....

[O]ur guiding vision is this: to connect with faith-based and other neighborhood organizations on specific challenges confronting our communities, and partner with those groups to strengthen their good work. Critically, this support may not always be through federal grants. We do not measure our success based on how many dollars flow to faith-based organizations. Instead, we measure our success based on the impact that our partnerships with faith-based and other neighborhood groups have on individuals, families and communities across the country.

Christian Teachers Group Denied Standing To Challenge School Consent Decree

In Minor Doe I v. School Board for Santa Rosa County, Florida, (ND FL, Feb. 19, 2010), a Florida federal district court rejected an attempt by the Christian Educators Association International to intervene to seek a modification of a consent decree under which the Santa Rosa County school board was enjoined from various activities that promoted religion in school classrooms and at school events. CEAI claimed that its members' religious speech was chilled by the consent decree. In an earlier ruling the court held that CEAI lacked standing to seek to totally vacate the decree. Now the court concludes that CEAI lacks standing to intervene to modify the decree because the fears of restrictions on their speech that CEAI members allege are not objectively reasonable.

The court found that it is objectively unreasonable for CEAI members to believe that the language of the decree requires them to refrain from all religious speech in any context at school or at informal gatherings such as retirement parties, or to believe they cannot have small personal religious items in their personal area or a drawer or cannot attend a baccalaureate service in their personal capacity. It is also unreasonable for them to believe the consent decree requires them to exclude all reference to religion from personal conversation with colleagues or parents or to censor students' creative work. The court found alternatively that CEAI lacks organizational standing since any speech rights that are chilled depend on highly individualized facts that are not common to all of CEAI's members. Finally, the court concluded that the motion to intervene was not timely.

The ACLU of Florida issued a press release announcing the decision. Liberty Counsel also issued a press release saying that it will now file a direct lawsuit against the school district to attempt to get the consent order overturned. It characterized the court's ruling as one that "has elevated this case to nuclear war." Today's Pensacola (FL) News-Journal also reports on the decision.

Appellate Court Upholds Beth Din Arbitration Award

In Matter of Brisman v. Hebrew Academy of Five Towns & Rockaway, (NY App. Div, Feb. 16, 2010), a New York appellate court upheld an arbitration award by the Beth Din of America (a Jewish religious court) which found that a tenured teacher in a Jewish religious school was wrongfully terminated. The arbitrators ordered him reinstated and awarded him his lost pay. The decision reversed the trial court (see prior posting) which had refused to confirm the award because it required the school to employ an "at will" teacher who has a clear difference in religious philosophy from the administration for an indefinite tenure. The Appellate Division said that none of the narrow statutory grounds for vacating an arbitration award had been shown.

DC Archdiocese Ends Foster Care Services Over New Same-Sex Marriage Law

CBN News reported yesterday that in Washington, DC, the Catholic Archdiocese has transferred its entire program of foster care services to the non-profit National Center for Children and Families. The Archdiocese made the move, after 80 years of furnishing services, because DC's new same-sex marriage law that will take effect shortly could require it to allow same sex couples to serve as foster parents, in violation of Church teachings. (See prior related posting).

Cert. Filed In Arizona Tuition Case, Challenging Standing

A petition for certiorari to the U.S. Supreme Court (full text) was filed yesterday in Arizona Christian School Tuition Organization v. Winn. In the case, a 3-judge panel of the 9th Circuit found taxpayer standing and ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.) The 9th Circuit then denied en banc review, but with 40 pages of opinions. (See prior posting.) The cert. petition seeking Supreme Court review focuses on the issue of standing. Alliance Defense Fund announced the filing of the cert. petition.

Virginia Christian Clergy Urge Defunding of Planned Parenthood

Dozens of Virginia's most influential Christian leaders, including Rev. Pat Robertson and Rev. Jonathan Falwell, have signed a petition to the state's governor, lieutenant governor and attorney general asking them to take steps to cut off state funds that go to Planned Parenthood. AP reported yesterday that the petition presented by the Virginia Christian Alliance complained that Planned Parenthood provides abortions. It accused the organization of "unethical, immoral and racist practices." Pastors cite a quotation from the 1939 book written by Margaret Sanger, the founder of Planned Parenthood, who supported the now-discredited theory of eugenics. Planned Parenthood says this does not represent its values today. It is unclear how much Planned Parenthood receives in state funds.

ACLU Seeks USAID Documents On Funding of Abstinence Programs Overseas

The ACLU announced yesterday that it has filed a Freedom of Information Act lawsuit seeking documents from the U.S. Agency for International Development relating to USAID's funding of some abstinence-only-until-marriage programs overseas that reflect a religious perspective. The complaint (full text) in ACLU v. U.S. Agency for International Development, (SD NY, filed 2/18/2010) follows up on a report (full text) issued last year by USAID's Inspector General. It seeks documents to properly understand whether USAID is properly monitoring grantees to assure that federal funds are not being spent on religious activities in violation of the Establishment Clause. (See prior related posting.)

Obama Meets Dalai Lama At White House

President Obama yesterday met at the White House with the Dalai Lama. A statement (full text) by Press Secretary Robert Gibbs after the meeting said:

The President stated his strong support for the preservation of Tibet's unique religious, cultural and linguistic identity and the protection of human rights for Tibetans in the People’s Republic of China. The President commended the Dalai Lama's "Middle Way" approach, his commitment to nonviolence and his pursuit of dialogue with the Chinese government.

Wednesday's Washington Post outlined the careful balancing act Obama is carrying out in setting up a meeting in a way that honors the Tibetan leader without enraging the Chinese excessively. For example, the meeting took place in the Map Room rather than the Oval Office.