European Human Rights Court Says Turkey Violated Rights In Conviction For Clothing

The European Court of Human Rights yesterday held that Turkey violated Art. 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights when it convicted members of a religious group known as Aczimendi tarikatÿ for the clothing they wore. According to the Court's press release on the decision:

In October 1996 they met in Ankara for a religious ceremony held at the Kocatepe mosque. They toured the streets of the city while wearing the distinctive dress of their group, which evoked that of the leading prophets and was made up of a turban, "salvar" (baggy "harem" trousers), a tunic and a stick. Following various incidents on the same day, they were arrested and placed in police custody.

In the context of proceedings brought against them for breach of the anti-terrorism legislation, they appeared before the State Security Court in January 1997, dressed in accordance with their group's dress code.

Following that hearing, proceedings were brought against them and they were convicted for a breach both of the law on the wearing of headgear and of the rules on the wearing of certain garments, specifically religious garments, in public other than for religious ceremonies.

The full opinion in Affaire Ahmet Arslan v. Turquie, (ECHR, Feb. 23, 2010), is available in French.

Oregon Senate Agrees With House That Teachers Can Wear Religious Garb

According to the Oregonian, yesterday by a vote of 21-9 Oregon's state Senate approved House Bill 3686 repealing an 87-year old ban on teachers wearing religious dress in the classroom. Beginning in the 2011-12 school year, teachers will be allowed to wear head coverings or other clothing in accordance with sincerely held religious beliefs. The state House of Representatives has already passed the bill, but it now goes back to the House because of two changes in wording made by the Senate. Opponents of the bill argued that a classroom should be a religiously neutral environment. (OPB News.) The new law (Sec. 659A.033(5)) does not require schools to accommodate religious garb if it "would would constrain the legal obligation of a school district, education service district or public charter school to: (a) Maintain religious neutrality in the school environment; or (b) Refrain from endorsing religion." [Thanks to Steven Green via Religionlaw for the lead.]

UPDATE: On Feb. 23, the House by a vote of 48-7, with 5 not voting, repassed the bill with the Senate amendments in it. It now goes to the governor for his signature. The Oregonian reports on the final vote, and the questions about the bill raised by even some who voted for it. Opponents predicted the bill will lead to numerous lawsuits.

Saudi Judges Can Require Women Witnesses To Unveil Faces For Identification

Today's Saudi Gazette reports that Sheikh Ibrahim Al-Haqeel, chairman of Saudi Arabia's Court of Grievances, speaking at a workshop said that judges now have the right to require Muslim women inside the courtroom to unveil their faces for identification purposes. The move is designed to prevent instances in which veiled women are falsely presented as wives or daughters in inheritance cases. The Court of Grievances is planning to employ women to check out identities before women present their cases in court. [Thanks to Crossroads Arabia for the lead.]

New USCIRF Executive Director Named

The U.S. Commission on International Religious Freedom announced on Monday that it has appointed a new executive director. The new top staff person is Jackie Wolcott, ambassador to the United Nations Security Council in the George W. Bush administration. Reporting on the appointment, World Mag suggests that Wolcott may be able to develop a stronger relationship with the State Department where she worked for nine years. The State Department in the past has ignored some of the recommendations of USCIRF as to the nations that should be designated as countries of particular concern because of their religious freedom restrictions.

Court Upholds School Board Invocations Under Legislative Prayer Precedents

In Doe v. Indian River School District, (D DE, Feb. 21, 2010), a Delaware federal district court upheld against an Establishment Clause attack the policy of the Indian River School Board to open its meetings with a prayer delivered by members of the school board on a rotating basis. Alternatively the board member may call for a moment of silence. Under the policy, the prayers offered may be sectarian or non-sectarian, so long as they are not used to proselytize anyone or disparage any particular belief. The court held that the Supreme Court's Marsh v. Chambers decision relating to legislative prayer applies to invocations at school board meetings, even though school students sometimes attend the meetings. Brief sectarian references in some of the prayers offered do not make Marsh inapplicable, so long as the prayer is not used to proselytize or advance religion. Yesterday's Wilmington News Journal reported on the decision, pointing out that other parts of the lawsuit challenging promotion of religious activities in the schools and at school activities were previously settled with a payment to plaintiffs and a revision of school policies. (See prior posting.)

Forsyth County Commissioners Will Appeal Prayer Ruling To 4th Circuit

The Winston-Salem Journal reports that Forsyth County, North Carolina's Board of Commissioners voted 4-3 last night to appeal a federal district court decision (see prior posting) holding that, as implemented, its policy of beginning meetings with prayers violates the Establishment Clause. Board Chairman David Plyer was the swing vote. He agreed to the appeal to the 4th Circuit only after assurances that it would not cost the county money to do so. Alliance Defense Fund is bearing the costs of defending the county and pursuing its appeal, but it will not cover plaintiffs' costs which the county may be ordered to pay if it loses. However the North Carolina Partnership for Religious Liberty has now pledged $300,000. WFMY News reported that before the Commission meeting, Christ Cathedral Church of Deliverance organized a prayer group outside the government building to urge the Board to appeal the case.

Court Rejects Free Exercise Challenge To SSN For Drivers License

In State of Montana v. Turk, 2010 Mont. Dist. LEXIS 18 (MT Dist. Ct., Jan. 12, 2010), a Montana state court rejected a claim by defendant Richard Turk that his rights under the U.S. and Montana constitutions were violated by the state's requirement that he present a social security number in order to obtain a drivers' license. Turk believes that his social security number is the Biblical mark of the beast, and that requiring him to use it violates the free exercise and establishment clauses. The court concluded that Turk had not shown that his belief is a central teaching of any religion. It also concluded that the requirement has a completely secular purpose and does not advance or inhibit religion. Calling Turk's claim a "bold proposition," the court affirmed his conviction and $45 fine (plus court costs) imposed by a Justice of the Peace for driving without a valid license.

ICANN Review Panel Finds US Religious Right Pressure In Denial of .xxx TLD

ICANN is a non-profit corporation charged with overseeing the protocols and domain names system of the entire Internet. Challenges to any of its actions can be submitted for an advisory arbitration opinion of an Independent Review Panel. In the first ever use of the review panel process, a Panel last week found that ICANN's board acted improperly in 2007 when, under pressure from the U.S. government and others, it reversed a decision it had reached earlier and refused to allow ICM Registry to introduce a new .xxx top level domain that would identify pornographic websites. In ICM Registry, LLC v. ICANN, (ICDR, Feb. 19, 2010), the Panel, in a 2-1 decision, concluded in part:

The volte face in the position of the United States Government ... appeared to have been stimulated by a cascade of protests by American domestic organizations such as the Family Research Council and Focus on the Family. Thousands of email messages of identical text poured into the Department of Commerce demanding that .XXX be stopped.... [W]hile officials of the Department of Commerce concerned with Internet questions earlier did not oppose and indeed apparently favored ICANN’s approval of the application of ICM, the Department of Commerce was galvanized into opposition by the generated torrent of negative demands, and by representations by leading figures of the so-called “religious right”, such as Jim Dobson, who had influential access to high level officials of the U.S. Administration.

Goldstein Report, Thinq.co.uk and The Domains all report on the Panel's decision. ICANN has links to all the pleadings and briefs in the proceedings. As a result of the decision, apparently ICM will begin offering .xxx top level domains later this year. (See prior related posting.)

Recycled Church Pews In Courtroom Challenged As Establishment Clause Problem

In Southaven, Mississippi, the city's seven-year old renovation of a former library into its municipal courthouse has led to an unusual Establishment Clause challenge. To save money, the city salvaged the pews from a church building it had purchased to turn into a performing arts center. The pews were used for seating in two of the municipal courtrooms -- 24 pews in one and seven in the other. Now, according to the Memphis (TN) Commercial Appeal and Memphis ABC24 News, a defendant in a disorderly conduct case has filed a motion to have the pews removed because they all have crosses engraved on each side.

Seventy year old Carroll Robinson, an agnostic and a paralegal student, says that the 62 crosses are an endorsement of a religion he does not believe in. He does not want to be judged in a courtroom that represents a specific religion. He says: "I'm afraid I couldn't get a fair trial because I am not Christian, but am agnostic." Mayor Greg Davis says he will not remove the seats, calling this another example of war on public expression of the Christian faith in America. The charges against Robinson grew out of an incident at a Walmart where he was wrongly accused of shoplifting by store security.

AU Charges Liberty University Violated Non-Profit Limits In Virginia Election Campaign

Americans United announced yesterday that it has asked the Internal Revenue Service to investigate whether Liberty University has violated its Section 501(c)(3) non-profit status by using the school's student newspaper to support one of the two candidates for a seat in Virginia House of Delegates last November. AU's letter (full text) to the IRS charges that University Chancellor Jerry Falwell, Jr. and others used the paper and other school resources to support the election of Scott Garrett over incumbent Shannon Valentine. Garrett won by 210 votes in a victory attributed to block voting by students, faculty and staff of Liberty University. [Thanks to Scott Mange for the lead.]

Draft Report on Reform of White House Faith-Based Office Released

The Washington Post reports that on Saturday the task forces created by the President's Advisory Council on Faith-based and Neighborhood Partnerships released their long-awaited report (full text Word doc.) on reform of the faith-based office. The task forces' 12 recommendations--explained at length in the report-- will be voted on later this week by the full Advisory Council before being sent to the President. Here are the recommendations:

1: Perform a strategic review of government-supported technical assistance and capacity building.
2: Convene and encourage learning communities of social service programs and providers.
3: Develop a strategy to partner with State, county, and city officials.
4: Strengthen constitutional and legal footing of partnerships, and improve communications regarding White House Office of Faith-Based and Neighborhood Partnerships and Agency Centers.
5: Clarify prohibited uses of direct Federal financial assistance.
6: Equally emphasize separation requirements and protections for religious identity.
7: State more clearly the distinction between "direct" and "indirect" aid.
8: Increase transparency regarding federally funded partnerships.
9: Improve monitoring of constitutional, statutory, and regulatory requirements that accompany Federal social service funds.
10: Assure the religious liberty rights of the clients and beneficiaries of federally funded programs by strengthening appropriate protections.
11: Reduce barriers to obtaining 501(c)(3) recognition.
12: Promote other means of protecting religious liberty in the delivery of government-funded social services.

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.)