Private Rabbinic Court In Israel Is At Center of a Controversy

Last week Haaretz carried a long article about the little known group of private rabbinic courts in Israel known as Badatz, an acronym for Court of Justice or Righteous Court. The article focuses on the court branch located in Bnei Brak, a city east of Tel Aviv in which strictly observant Orthodox Jews (Haredi) and important Haredi rabbis live. Unlike the government-run rabbinical courts that deal only with family and personal status matters, Badatz deals with a wide variety of civil disputes. The parties must agree to submit their disputes to Badatz, but the rabbinic court can place pressure on members of the Haredi community who do not do so by issuing a "writ of refusal" which essentially calls for others to ostracise the individual who will not submit to the court's jurisdiction. Badatz has come into the news because of a lawsuit filed in the civil court system against several of the rabbinic judges (dayanim) on Badatz. [This paragraph has been corrected thans to an e-mail from Jack Levey.] As reported by Haaretz:

Rabbi Zvi Bialostosky, a building contractor, his son Chaim and the son's partner, Eliezer Friedman, were involved in a lengthy dispute with people who bought an apartment from them in Bnei Brak. The case was heard by Badatz Bnei Brak, until at a certain point Bialostosky and the other plaintiffs sued the dayanim in Tel Aviv Magistrate's Court.... Late last year, the contractors filed no fewer than 11 requests for various legal proceedings against the religious judges, in the process crossing a Haredi red line by taking their case to the state secular court system and, worse, suing dayanim. The result was an offensive of unprecedented ferocity by the Haredi leadership against two private individuals.

A letter signed by ... spiritual leaders of the Haredi world asserts that Bialostosky and Friedman "lifted a hand against God and His Torah" and are liable to cause "the destruction of the religion."

The contractors requested and were granted a restraining order against threats and harassment, after complaining to the civil court that the Badatz rulings constituted "harassment" and "libel." The dayanim retorted that such allegations were groundless and added that Bialostosky is "a quarrelsome individual who is involved in numberless disputes and litigations."

Supreme Court Denies Cert. In Oklahoma 10 Commandments Case

The U.S. Supreme Court today denied certiorari in Haskell County Board of Commissioners v. Green, (Docket No. 09-531, March 1, 2010). (Order List.) In the case, the U.S. 10th Circuit Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. (See prior posting.) AP reports on the Court's refusal to grant review. [Thanks to both Bob Ritter and Scott Mange for the lead.]

Indian Court Strikes Down Longer Divorce Waiting Period for Christians

In India last week, Kerala's High Court struck down as unconstitutional a provision that requires Christians to wait at least two years after they are first married to file for divorce. The personal law that governs other religious communities, as well as the Special Marriage Act that governs those with no religion, all allow others to file for divorce after one year. According to today's CathNews Asia, the court held that the clause in the Indian Divorce Act applicable only to Christians is discriminatory and violates the constitutional protection of equality before the law. Praveen and Soumya Thomas filed for divorce eight months after they were married. The court suggested that the legislature could impose a one-year waiting period for Christians, the same as imposed on other religious groups.

Obama's New Envoy To OIC Profiled

Today's Washington Post profiles Rashad Hussain, President Obama's recently appointed special envoy to the Organization of the Islamic Conference. (See prior related posting.) The 31-year old Hussain who grew up in Plano, Texas, is both a scholar of the Qur'an and an ardent North Carolina Tar Heels basketball fan (his undergraduate alma mater). After completing a master's degree in Arabic and Islamic studies at Harvard, he was working with the House Judiciary Committee at the time of 9-11. He later attended Yale Law School and, until his recent appointment, worked in the White House Counsel's Office. Hussain has memorized the Qur'an and prays daily, often in a room in the Eisenhower Executive Office Building used by all faiths.

Recent Articles and Books of Interest

From SSRN:

• Luc B. Tremblay, The Bouchard-Taylor Report on Cultural and Religious Accommodation: Multiculturalism by Any Other Name?,(EUI Working Papers LAW No. 2009/18, Dec. 1, 2009).
• Juliet P. Stumpf, Juliet P., The Implausible Alien: IQBAL and the Influence of Immigration Law, (Lewis & Clark Law Review, Vol. 14, No. 231, 2010).
• Cosmin Dariescu, Jurisdiction Over Marriage in the Romanian Principalities: From the Ecclesiastical Court to the Secular Tribunal, (Turning Points and Breaklines: Yearbook of Young Legal History 4, Szabolcs Hornyak, et. al., eds., pp.180-192, Martin Meidenbauer, Munchen, 2009).
• Gregor Noll, Sacrificial Violence and Targeting in International Humanitarian Law, (February 24, 2010).
• Perry Dane, Constitutional Law and Religion, (Blackwell Companion to Philosophy of Law and Legal Theory, Dennis Patterson, ed., Blackwell, 2010).
• Frederick C. DeCoste, Caesar's Faith: Limited Government and Freedom of Religion in Bruker v. Marcovitz, (Dalhousie Law Journal, Vol. 32, No. 1, pp. 153-176, 2009).
• Dimitry Kochenov, On Options of Citizens and Moral Choices of States: Gays and European Federalism, (Fordham International Law Journal, Vol. 33, No. 1, 2009).
• Heather Kennedy, Pleasant Grove v. Summum: Is Ten Truly Greater than Seven? An Examination of the Government Speech Doctrine Regarding Privately Donated Monuments Displayed on Public Land, (February 23, 2010).

From SmartCILP and elsewhere:

• J. Scott Carpenter, Matthew Levitt & Michael Jacobson, Confronting the Ideology of Radical Extremism, 3 Journal of National Security Law & Policy 301-327 (2009).
• H. Lyssette Chavez & Monica K. Miller, Religious References in Death Sentence Phases of Trials: Two Psychological Theories That Suggest Judicial Rulings and Assumptions May Affect Jurors, 13 Lewis & Clark Law Review 1037-1083 (2009).
• Michael Hatfield, The Anabaptist Conscience and Religious Exemption to Jury Service, 65 N.Y.U. Annual Survey of American Law 269-322 (2009).
• Debra A. Jones, The Role of Spirituality in the Mediation Process, [Abstract], 27 Conflict Resolution Quarterly 145-165 (2009).
• Journal of Church and State, Vol. 51, No. 3 (Summer 2009) has recently been issued.
• The March 2010 issue of American United's Church & State has recently appeared online.

Recent Books:

• Dan Diner, Lost in the Sacred: Why the Muslim World Stood Still, (Princeton Univ. Press , Nov. 2009), reviewed in The Muslim News.
• Frank Lambert, Religion in American Politics: A Short History, (Princeton Univ. Press, Feb. 2010).
• Ian Buruma, Taming the Gods: Religion and Democracy on Three Continents, (Princeton Univ. Press, Feb. 2010).

Op-Ed Presses For Continued US Foreign Aid Through Religious Groups

Nicholas Kristof's op-ed in today's New York Times focuses on the history of the U.S. channeling foreign humanitarian aid through religious organizations. He says that evangelicals have become the "new internationalists," pressing for U.S. programs abroad for a range of human service needs. He writes in part:

Some Americans assume that religious groups offer aid to entice converts. That's incorrect. Today, groups like World Vision ban the use of aid to lure anyone into a religious conversation.

Some liberals are pushing to end the longtime practice (it's a myth that this started with President George W. Bush) of channeling American aid through faith-based organizations. That change would be a catastrophe. In Haiti, more than half of food distributions go through religious groups like World Vision that have indispensable networks on the ground. We mustn't make Haitians the casualties in our cultural wars.

DC Catholic Archdiocese Says It Will Be In Compliance When Same-Sex Marriage Takes Effect

Washington, D.C.'s new law legalizing same-sex marriage takes effect this Wednesday. (See prior posting.) Yesterday's Washington Post reports that the Washington Catholic Archdiocese that receives significant social service funding from the city says it will be in compliance with law, though it has not specified exactly what it will do. D.C. law appears to require groups receiving public funds to offer benefits to spouses of married employees, whether traditional or same-sex marriages. The Archdiocese has already transferred its foster care program to avoid having to allow same-sex couples to serve as foster parents. (See prior posting.)

Mennonites Have Problems With Road Protection Law In Iowa County

Today's WCF Courier reports on the problem posed for the Groffdale Conference Mennonite Community by Mitchell County, Iowa's Ordinance No. 41 that bans steel wheels on the county's hard surfaced roads. This group of Mennonites use modern tractors, but as a religious matter they replace inflated rubber tires with metal rims surrounded by a thick rubber belt containing metal bars to provide traction. They fear conventional tires would make trips to town too convenient. Thirteen year old Matthew Zimmerman is due in court this Friday on charges of violating Ordinance No. 41. He was cited for driving a 19,000 pound steel-wheel tractor pulling a home-made 2-wheel cart on a county road on his way to pick up four bales of wood shavings for his family's farm. County officials say steel wheels damage highways. However neighboring Howard County rejected a similar ordinance after Mennonites deposited $25,000 in a trust to cover any future highway damage. (See prior related posting.) Apparently steel wheels are harder on cement roads like many in Mitchell County, than on asphalt roads that predominate in Howard County. Mitchell County suspended the ordinance for 60 days last fall during the harvest season.

Anti-Semitism Showing Reductions In Poland

Today's New York Times reports that Poland "is finally showing solid signs of shedding the rabid anti-Semitism of the past." There has been a small Jewish revival in Eastern Europe, with hundreds of Poles converting to Judaism or discovering Jewish roots that were hidden during World War II. The article focuses specifically on the story of Pawel, a former Nazi skinhead, who after discovering he and his wife both had Jewish grandparents has become an observant Orthodox Jew. Pawel says he is now studying to become a schochet, a a ritual kosher slaughterer of animals. He explained: "I am good with knives."

Recent Prisoner Free Exercise Cases

In Yoshiyah v. Norris, 2010 U.S. Dist. LEXIS 14176 (ED AR, Feb. 18, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 14386, Jan. 28, 2010) and dismissed claims by an inmate who was a member of the House of Yahweh who complained that he was denied various religious publications and that he could only watch religious videos alone on Wednesdays rather than with a group on Saturdays. He also complained about the quality of the vegetarian kosher diet that was available.

In Abdul-Aziz v. Ricci, 2010 U.S. Dist. LEXIS 14657 (D NJ, Feb. 19, 2010), a New Jersey federal district court allowed an inmate to proceed with claims relating to use of prayer oils and availability of Halal meals.

In Walker v. Dart, 2010 U.S. Dist. LEXIS 14638 (ND IL, Feb. 19, 2010), an Illinois federal district court refused to dismiss an pre-trial detainee's complaint that religious services were denied for nearly nine months in one part of the Cook County Jail.

In Wappler v. Kleinsmith, 2010 U.S. Dist. LEXIS 15322 (WD MI, Feb. 22, 2010), a Michigan federal district court allowed a now-released inmate to proceed only against certain of the defendants in their individual capacities on his claims that he was denied kosher meals, religious materials and the opportunity to participate in group religious services and that officials made membership in the Alliance for Jewish Renewal (ALEPH) a condition of his ability to practice Judaism, participate in Seder and Passover services.

In Shoucair v. Snacker, 2010 U.S. Dist. LEXIS 15551 (ED MI, Feb. 23, 2010), a Michigan federal district court adopted the magistrate's recommendations (2010 U.S. Dist. LEXIS 15634, Feb. 3, 2010) and dismissed claims by an inmate including an allegation that a correction officer assaulted him, motivated by prejudice against Islamic Caucasians.

In Roberson v. South Carolina Department of Corrections, 2010 U.S. Dist. LEXIS 16421 (D SC, Feb. 24, 2010), a South Carolina federal district court adopted a magistrate's recommendations
(2010 U.S. Dist. LEXIS 16370, Jan. 27, 2010) finding that an inmate failed to show how an alleged denial of "any Kairos sponsored religious feast [and/or] bread festival celebration" prevented him from practicing his religion, and did not claim that Kairos food or celebrations are part of any religious ritual or faith to which he subscribed.

No Compromise Found For Hutterite Drivers' Licenses

Last July, the Supreme Court of Canada upheld a requirement imposed by the province of Alberta that all drivers' licences contain a photo of the license holder. Hutterites had objected to the requirement on religious grounds. (See prior posting.) A report from yesterday's Calgary Herald says that months of discussions between the provincial government and the Hutterites have failed to work out a compromise. The photo-less licenses that were issued to Hutterite drivers while legal proceedings were pending are now mostly expiring. Sam Wurz, manager of the Three Hills Hutterite Colony, says that their current plan is to continue to drve without a license.

Controversy In Trinidad Over Aid To Prime Minister's Church

In Trinidad & Tobago, a bitter fight between Prime Minister Patrick Manning and his critics is underway involving the extent of government aid to a Christian church with which Manning has ties. Today's T&T Guardian reports that Manning delivered a strongly worded 53-minute statement to the Lower House of Parliament yesterday accusing his critics of persecuting the Full Gospel Fellowship Movement. Two issues have surfaced. One is the extent of government assistance in the construction of the Heights of Guanapo church. Manning says no government funds are being used in the construction, but that the land was given to the church just as the government has granted land over a number of years to many religious groups. T&T Express reports that, according to Manning, over the years the government has given millions of dollars of assistance to a wide variety of religious bodies. The other issue is Manning's relationship with Juliana Penna, leader of the Lighthouse of the Lord Jesus Christ Church. Manning has been consulting her as his spiritual advisor. (T&T Express.) Manning denied charges that government funds were used to pay for Penna's travel, and that she accompanied him on his trips. (T&T Express.)

Complaint Filed With EEOC Over Conflict Between Hijab and Abercrombie's Employee "Look Policy"

National Law Journal reports today on an EEOC complaint filed against Abercrombie & Fitch on behalf of Umme-Hani Kahn, a Muslim stockroom worker who was fired from Hollister (an Abercrombie subsidiary) because she insisted on wearing her hijab (headscarf). According to the complaint filed by CAIR (press release), Kahn was originally assured by local management in San Mateo, California, that she could wear her hijab so long it was in white, blue or gray. However several months later a district manager told Kahn that scarves and hats do not fit the company's "look". In September, the EEOC sued Abercrombie on behalf of a prospective employee in Tulsa, Okla., who was denied a sales position because her hijab violated the company's "look" policy. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Suit Charges Car Dealership With Employment Discrimination Against Sikh

A lawsuit filed in a New Jersey state court yesterday alleges that a Little Falls (NJ) Lexus dealership refused to hire plaintiff, a Sikh, because he was not willing to shave his religiously-mandated beard. The refusal came after plaintiff completed a two-day training course for potential sales employees. The complaint (full text) in Kherha v. Tri-County Lexus, (NJ Super. Ct., filed 2/25/2010), alleges that the dealership engaged in religious discrimination and that its refusal to accommodate plaintiff's religious practice violates the New Jersey Law Against Discrimination (NJSA Sec. 10:5-1 et. seq.). A press release today from the Sikh Coalition announced the filing of the lawsuit.

New Policy on Comments on Religion Clause Blog

Beginning with this morning's posts, I am turning off the Comment function on new postings on Religion Clause. In recent months, comments have largely become a lengthy colloquy between a small number of readers. While their views are robust, it has become an exchange that is so extensive that it calls for those readers to create their own forum for their debate rather than imposing me as an intermediary. I continue to invite readers who find factual errors in any posting, or who are personally involved in any of the matters discussed, to e-mail me about them.

Suit On Religious Use of Cannabis Dismissed On Ripeness Grounds

In Oklevueha Native American Church of Hawaii v. Holder, 2010 U.S. Dist. LEXIS 16123 (D HI, Feb. 23, 2010), an Hawaii federal district court dismissed on ripeness grounds a suit seeking a declaratory judgment that a church and its founder can grow, possess and distribute cannabis free from federal drug crime prosecution. Plaintiffs claimed that cannabis is used in their religion. The court found that the complaint does not allege any threat that the church or any of its members will be prosecuted for drug related offenses. The court also cautioned the attorney in the case about advising his client to submit an affidavit admitting to a possible drug crime, saying that the attorney may have a conflict in giving this advice because the declaratory judgment sought would benefit another of his clients.

Malaysian Professor Discusses Controversy Over Christians Using "Allah" For God

The American Muslim on Wednesday published an interview with Prof. Chandra Muzaffar, Malaysia's best known public intellectual, on the controversy over Christians in Malaysia using the term "Allah" for God in their Malay language publications. While saying there is nothing in Islam that prohibits the practice, he urged understanding of the fear by Malays that they are being turned into an economically subordinate community in their native country. He added:

I have been pushing for the setting up of a National Consultative Council for Religious Harmony, as an official body or mechanism to promote dialogue between the different religious communities in Malaysia. Such a council can deal with issues like this ongoing controversy.... Lamentably, the muftis of the different states in Malaysia have consistently opposed the setting up such a council, on the specious grounds that it would mean Islam being treated at par with the other religions although Islam is the religion of the Malaysian Constitution.

Court Says School Can Insist Valedictorian Remove Religious References From Talk

A Montana trial court this week upheld the action of Butte High School officials in refusing to let one of the class' ten valedictorians speak at her 2008 graduation when she refused to remove religious references from her remarks. Yesterday's Billings Gazette reports that officials asked Renee Griffith to replace the words "Christ and his joy" with "my faith" and "from God with a passionate love for him" with the words "derived from my faith and based on a love of mankind." The court concluded that the school board policy barring religious references in graduation speeches is a policy applied even handedly to all students in order to maintain the religious neutrality required by the Establishment Clause. Griffith's attorney plans to appeal the decision to the Montana Supreme Court, arguing that Griffith was not going to be speaking on the school's behalf, but wanted to express her own personal beliefs.

White House Official To Meet With Secular Coalition Members

This morning, Tina Tchen, the director of the White House Office of Public Engagement along with representatives from the Justice Department and the Department of Health and Human Services are scheduled to meet with the Secular Coalition for America. According to McClatchy Newspapers, some 60 individuals from the Coalition's ten member groups will be at the meeting being held at the Eisenhower Executive Office Building next to the White House. The President is not expected to make an appearance. Attendees want to raise three issues with administration officials: child medical neglect, proselytizing in the military and faith-based initiatives.

Court Finds No Meeting of the Minds on "Mahr"

In Obaidi v. Qayoum, (WA App., Feb. 23, 2010), a Washington state appellate court refused to enforce a mahr-- a prenuptial agreement based on Islamic law that provides an immediate and long-term dowry to the wife. When the couple's marriage was dissolved after 13 months, the wife claimed she was entitled to $20,000 under the terms of the mahr. However the court concluded, applying neutral principles of contract law, that the parties had not entered a valid agreement. The court said in part:

A valid contract requires a meeting of the minds on the essential terms.... Mr. Qayoum was not told that he would be required to participate in a ceremony that would include the signing of a mahr until 15 minutes before he signed the mahr. Here Mr. Qayoum was unaware of the terms of the agreement until they were explained to him by an uncle after the mahr had been signed. The negotiations preceding the execution of the agreement were conducted in Farsi. Also, the document was written in Farsi which Mr. Qayoum does not read, write, or speak.... Because Mr. Qayoum could not speak, write, or read Farsi, there was no meeting of the minds as to the terms of the mahr agreement. In addition, the court indicated that the agreement was influenced by duress.

[Thanks to Volokh Conspiracy for the lead.]