Supreme Court Refuses Review In Alleged Anti-Muslim Bias of Juror

Yesterday the U.S. Supreme Court denied certiorari in Al-Turki v. Colorado (Docket No. 09-700) (Order List.) In the case, Colorado state courts refused to exclude or allow closer questioning in voir dire of a potential juror who said he might be prejudiced against Muslims. The man was seated on the jury in a trial that included anti-Muslim themes and comments. Yesterday's Christian Science Monitor and Scotus Blog both discuss the case in which the government of Saudi Arabia filed an amicus brief urging the court to grant review.

Recent Articles of Interest

From SSRN:

• Geoffrey P. Miller, The Dark Age: How the Biblical Narratives Demonstrate the Necessity for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-18, March 24, 2010).
• Geoffrey P. Miller, Of Floods and Towers: The Bible’s Affirmative Case for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-19, March 24, 2010).
• Geoffrey P. Miller, Patriarchy: The Political Theory of Family Authority in the Book of Genesis, (New York University School of Law, Public Law Research Paper No. 10-23, April 2, 2010).
• Adham A. Hashish, Islamic Ijtihad: The Key to Islamic Democracy Bridging and Balancing Political Islam and Intellectual Islam, (Richmond Journal of Global Law & Business, Vol. 9, No. 61, Winter 2010).
• Hans-Martien Ten Napel Th.D., Protestantism, Globalization and the Democratic Constitutional State, (Reshaping Protestantism in a Global Context, Volker Küster, ed., LIT, 2009).
• Mark Rahdert, Forks Taken and Roads Not Taken: Standing to Challenge Faith-Based Spending, (March 19, 2010).
• Jennifer Gerarda Brown, Peacemaking in the Culture War between Gay Rights and Religious Liberty, (Iowa Law Review, Vol. 95, p. 747, 2010).
• Paul M. Secunda, District Court Amicus Brief of Law Professors in Support of Defendants, Associated Oregon Industries v. Avakian, No. 3:09-CV-1494-MO (March 22, 2010).
• Cyra Akila Choudhury, Globalizing the Margins: Legal Exiles in the War on Terror and Liberal Feminism’s War for Muslim Women, (International Review of Constitutionalism, Vol. 9, No. 2, 2010).
• Mostapha Benhenda, For Muslim Minorities, it is Possible to Endorse Political Liberalism, But This is not Enough, (Journal of Islamic Law and Culture, Vol. 11, No. 2, May 2009).
• Andrew F. March, The Post-Legal Ethics of Tariq Ramadan: Persuasion and Performance in 'Radical Reform: Islamic Ethics and Liberation' (A Review Essay), (Middle East Law and Governance, Forthcoming).
• Ilan H. Fuchs, 'Sephardic' Halakhah? The Attitude of Sephardic Decisors to Women’s Torah Study: A Test Case , (Bar Ilan Univ. Pub Law Working Paper No. 02-10, Dec. 31, 2009).
• Francesco Alicino, Constitutionalism as a Peaceful "Site" of Religious Struggles, Global Jurist, Vol. 10 : Iss. 1 (Advances) (2010).
• Lourens Du Plessis, Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law , (Potchefstroom Electronic Law Journal, Vol. 12, No. 4, 2009).

From SmartCILP:

• E. Gregory Wallace, Justifying Religious Freedom: The Western Tradition, 114 Penn State Law Review 485-570 (2009).
• Shannon Gilreath, Not a Moral Issue: Same-Sex Marriage and Religious Liberty (Reviewing Same-Sex Marriage and Religious Liberty, edited by Douglas Laycock, Anthony R. Picarello, Jr. and Robin Fretwell Wilson), 2010 University of Illinois Law Review 205-223.
• Timothy D. Lytton, Framing Clergy Sexual Abuse as an Institutional Failure: How Tort Litigation Influences Media Coverage, 36 Wm. Mitchell Law Review 169-185 (2009).
• Jared Rubin, Social Insurance, Commitment, and the Origin of Law: Interest Bans in Early Christianity, [Abstract], 52 Journal of Law & Economics 761-777 (2009).
• Ofrit Liviatan, Judicial Activism and Religion-Based Tensions in India and Israel, 26 Arizona Journal of International & Comparative Law 583-621 (2009).
• Teri Dobbins Baxter, Private Oppression: How Laws that Protect Privacy Can Lead to Oppression, 58 University of Kansas Law Review 415-471 (2010).

Recent Prisoner Free Exercise Cases

In Howard v. Skolnik, (9th Cir., March 30, 2010), the 9th Circuit rejected a prisoner's free exercise claim based on two alleged incidents of interference with his fasting. However the court vacated summary judgment and remanded for further proceedings plaintiff's objection to the calcelling of Nation of Islam prayer services.

In Jones v. Bullard, 2010 U.S. Dist. LEXIS 27377 (ED MO, March 23, 2010), a Missouri federal magistrate judge concluded that a detainee's free exercise rights were not substantially burdened when he was at various times inadvertently offered a food tray containing pork, but was given an alternative when he objected.

In Guarneri v. Hazzard, 2010 U.S. Dist. LEXIS 26966 (ND NY, March 22, 2010), a New York federal district court held that an inmate's free exercise rights were not substantially burdened by refusal to provide him with a Catholic priest.

In Black v. Fischer, 2010 U.S. Dist LEXIS 27439 (ND NY, March 23, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 27356, Feb. 4, 2010) and held that defendants were entitled to qualified immunity in a damage action in which a former prisoner complained that his attempt to change religious designation while in prison was denied under a Department of Corrections policy that allowed inmates to change their religion only once every 12 months.

In Malik v. Ozmint, 2010 U.S. Dist. LEXIS 26397 (D SC, March 19, 2010), a South Carolina federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 26385, Feb. 16, 2010) and dismissed a claim by a Sunni Muslim prisoner that his rights under RLUIPA were violated by prison grooming polices that required him to wear short hear and be clean shaven.

In Ingram v. Hyland, 2010 U.S. Dist. LEXIS 25964 (ED WI, Feb. 26, 2010), a Wisconsin federal district court held that an inmate arguably states a free exercise and RLUIPA claim in objecting to an order that he and his wife (a criminal co-defendant) have no contact. Plaintiff argued that denial of contact for the reconciliation of marriage violates his religious beliefs.

In Greenup v. Gusman, 2010 U.S. Dist. LEXIS 29180 (ED LA, March 26, 2010), a Louisiana federal magistrate judge held that various of plaintiff's claims that his Islamic faith was not being accommodated were moot. His claim for mental anguish was barred by a federal statutory provision barring a prisoner from recovering damages for emotional injury unaccompanied by physical injury.

In Green v. Harry, 2010 U.S. Dist. LEXIS 30127 (WD MI, March 29, 2010), a Michigan federal district judge adopted the recommendation of a federal magistrate (2010 U.S. Dist. LEXIS 29767, Jan. 26, 2010) and rejected a Muslim plaintiff's complaints about non-pork items being placed next to pork items.

Unusual Free Exercise Assertion In FOIA Case Rejected

In Banks v. Department of Justice, (D DC, March 26, 2010), the D.C. federal district court found unpersuasive an unusual argument in a Freedom of Information Act case. Plaintiff, seeking various records about himself and others argued that "his religion, Thelema, mandates that he access the records to purge all the negative energy from his life in a religious ritual." Plaintiff, a Lakota Sioux Native American, sought the information from the U.S. Postal Inspection Service and the Federal Bureau of Prisons.

Muslim Tourists Scuffle With Police After Attempt To Pray In Former Mosque, Now A Cathedral

In Cordoba, Spain last Wednesday, security guards and police scuffled with a group of Muslim tourists from Austria who were visiting the Roman Catholic Mezquita Catedral-- a UNESCO World Heritage site. According to AP, the Great Mosque of Cordoba was built after the Moorish invasion of Spain in the 8th century, and the building was turned into a Catholic cathedral in 1236 when King Ferdinand captured Cordoba. Six or seven of the 120 Muslim tourists who entered the church began to pray. Security guards told them to stop, an argument ensued, and the National Police were called. Two of those praying got into a shoving match with officers and were arrested for disobeying and threatening law enforcement officers.

Church As Murder Location Amounts to Aggravating Circumstance In Sentencing

On Thursday, a Kansas judge sentenced Scott Roeder, convicted killer of abortion doctor George Tiller, to life in prison with no possibility of parole for 50 years. Yesterday's Topeka Capital-Journal points out that in imposing sentence, the judge concluded that the fact the murder was committed in a church was an aggravating circumstance. Kansas law lists as an aggravating circumstance the fact that "defendant committed the crime in an especially heinous, atrocious or cruel manner." Judge Warren Wilbert said that a church is supposed to be a place of peace and tranquility. During sentencing, defendant Roeder responded that he didn't consider the building a church because its congregants did not hold Tiller accountable for performing abortions. He called it a "synagogue of Satan." (See prior related posting.)

Court Finds That Church Trustee Breached Duty In Conveying Property

In Garmon v. Reynolds, (IN App., March 31, 2010), an Indiana appellate court resolved a dispute over whether the son of the founding pastor of the Zion Temple Apostolic Church validly conveyed certain parcels of church property to a privately held trust. The appellate court agreed with the trial court that while Kenneth Garmon is the sole surviving trustee of Church, he breached his fiduciary duty when he voluntarily left Church to attend a different church for nearly a year after his father's death, and attempted to convey the disputed property to a privately-held trust corporation over which the congregation would have no control. The court also rejected the claim that the First Amendment precluded it from asserting jurisdiction. In its view, the case did not concern extensive ecclesiastical matters or require interpretation of church doctrines.

Catholic High School Fails To Show Substantial Free Exercise Burden From Zoning Denial

Academy of Our Lady of Peace v. City of San Diego, 2010 U.S. Dist. LEXIS 31873 (SD CA, April 1, 2010), is a RLUIPA and a 1st and 14th Amendment challenge by a Catholic college-preparatory high school to San Diego's refusal to issue zoning permits so the school can add a classroom building and parking structure to its campus. A California federal district court refused to grant summary judgment to the school, holding that it had failed to come forward with evidence that a substantial burden had been placed on its religious exercise.

President Obama Marks Easter and Passover

President Obama's Weekly Address today (full text and video recording) focused on Passover and Easter. He said in part:

This is a week of faithful celebration. On Monday and Tuesday nights, Jewish families and friends in the United States and around the world gathered for a Seder to commemorate the Exodus from Egypt and the triumph of hope and perseverance over injustice and oppression. On Sunday, my family will join other Christians all over the world in marking the resurrection of Jesus Christ.

And while we worship in different ways, we also remember the shared spirit of humanity that inhabits us all – Jews and Christians, Muslims and Hindus, believers and nonbelievers alike.

Amid the storm of public debate, with our 24/7 media cycle, in a town like Washington that’s consumed with the day-to-day, it can sometimes be easy to lose sight of the eternal. So, on this Easter weekend, let us hold fast to those aspirations we hold in common as brothers and sisters, as members of the same family – the family of man.

On Thursday night, Obama hosted a Seder dinner in the Old Family Dining Room of the White House for some friends, White House employees, and their families. In an article last month, the New York Times traced the background of this event which began with an improvised Seder in April 2008 during the Presidential campaign.

The Obama family will join a D.C. congregation for Easter services tomorrow, according to the Washington Post. However the White House has not disclosed the identity of the church in an attempt to not attract onlookers who would disturb the services.

UPDATE: The D.C. congregation at which the Obama's worshiped for Easter was Allen Chapel AME Church in Southeast Washington. (Afro, 4/5).

Annual White House Easter Egg Roll Will Add Healthful Events

This year's annual White House Easter Egg Roll will be held Monday, April 5. BWW reports today that the event will build on the First Lady's campaign against childhood obesity. In addition to the traditional Easter egg hunt and roll, the event will feature sports zones, activities built around the White House kitchen garden, and an instructional dance center. Music acts and story time readers will have their performances broadcast live on the Internet.

Malaysian Court's Caning Sentence Commuted By Sultan, Over Objections of Muslim Lawyers' Group

In a widely publicized decision last year, a Shariah court in Malaysia imposed a sentence of caning on Kartika Sari Dewi Shukarno who was found drinking beer at a hotel bar. (See prior posting 1, 2.) Today's Malaysian Insider reports that the sentence has now been commuted by the Sultan of Pahang, who is also head of Islam in the Malaysian state. He ordered her to instead perform 3 weeks community service at a children's home. However the Malaysian Muslim Lawyer's Association is disputing the commutation, saying that it may not be in accordance with Islamic law.

8th Circuit Holds Temp Agency Could Enforce No-Headwear Rule of Employer

In EEOC v. Kelly Services, Inc., (8th Cir., March 25, 2010), the 8th Circuit rejected charges that Kelly, a temp agency, discriminated against Asthma Suliman, a Muslim woman, when it refused to refer her to a job at a printing plant because she insisted on wearing a khimar. The employer, Nathan Printing, prohibited wearing of loose clothing or headwear because of the danger that it could become tangled in printing machinery. According to the court, the EEOC failed to prove that there was an available position at the printing plant to which Kelly could have referred Suliman. Even if there was, Kelly showed a legitimate, non-discriminatory reason for failing to refer Suliman. Title VII does not require that an employment agency being sued for religious discrimination also prove that the employer to which it would be referring a worker would suffer an undue hardship if it were to accommodate the worker's religious needs. [Thanks to Steven H. Sholk for the lead.]

California Supreme Court Rejects Krsihna Challenge To Airport Anti-Solicitation Ordinance

In International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles, (CA Sup. Ct., March 25, 2010), the California Supreme Court concluded that a city ordinance prohibiting individuals from soliciting funds at Los Angeles International Airport is a reasonable time, place and manner restriction that does not violate the California constitution. In so holding, the majority also refused to answer a question referred to it by the 9th Circuit-- whether the airport is a public forum. (See prior posting.) The long-running case involves activity by Krishna adherents to practice sankirtan-- approaching people in public to proselytize, solicit donations, sell and distribute literature and disseminate information. Two concurring opinions reached the public forum issue, but came out on opposite sides of it.

EEOC Sues Lowes For Failing To Accommodate Sunday Sabbath Observer

The EEOC announced earlier this week that it has filed suit against Lowe's Home Centers alleging that Lowe's failed to accommodate the needs of a Baptist employee who had religious objections to working on Sundays. The suit seeks to have the employee (now on part-time status) reinstated as a full time employee with accommodations for his religious beliefs. It also asks for back pay and damages, and an injunction requiring Lowe's to provide reasonable accommodation for sincerely held religious beliefs.

Claim By Hasidic Jews That Challenge To Zoning Was Pretext For Discrimination Is Dismissed

Mosdos Chofets Chaim, Inc. v. Village of Wesley Hills, (SD NY, March 31, 2010), is the latest in a series of legal maneuvers involving tension between several New York villages and the Orthodox and Hasidic Jewish families moving in increasing numbers to Ramapo (NY) and areas around it in Rockland County. In prior cases, plaintiffs claimed that discriminatory zoning by villages were an attempt to exclude Orthodox and Hasidic Jews. This suit grows out of an alleged attempt by several nearby villages to block a proposed revision in Ramapo's zoning law that was designed to accommodate the need of the Orthodox and Hasidic community.

In 2004, four villages and two Ramapo residents filed a lawsuit (the Chestnut Ridge action) challenging on environmental grounds Ramapo's zoning changes. In the current lawsuit, Orthodox and Hasidic plaintiffs claim that the filing of the Chestnut Ridge action was in fact an attempt to use intimidation to prevent the spread of the Orthodox and Hasidic communities. The court concluded that the Noerr-Pennington doctrine and the First Amendment right to petition bar plaintiffs from maintaining a civil rights action against defendants when defendants merely petitioned the courts. However the lawsuit was dismissed without prejudice giving plaintiffs an opportunity to refile to seek to defeat defendants' qualified immunity.

Gospel Tracts In Form of $1M Bills Do Not Violate Counterfeiting Laws

Darrel Rundus' Great News Network is a Christian evangelizing organization. Its most successful Gospel tract is one made to look like U.S. currency in the form of a $1 million dollar bill (a denomination of currency not issued by the United States). On the reverse of the bill is an inscription that includes: "The million dollar question. Will you go to heaven!" In Rundus v. United States, (ND TX, March 30, 2010), a Texas federal district court held that the Gospel tract does not violate U.S. counterfeiting laws (18 USC 474 and 475) because it neither poses a risk of fraud nor does it pose a risk of facilitating would-be counterfeiters. The court went on to hold that Secret Service agents violated the 4th Amendment in 2006 by seizing the million dollar bills from GNN's offices without a warrant or valid consent. It ordered return of the seized property. Liberty Counsel yesterday issued a press release announcing the decision. (See prior related posting.)

Christian Counseling Student's Discrimination Claim Survives Motions To Dismiss

In Ward v. Members of the Board of Control of Eastern Michigan University, 2010 U.S. Dist. LEXIS 27861 (ED MI, March 24, 2010), a Michigan federal district court denied defendants' motions to dismiss a lawsuit brought by a graduate student in Eastern Michigan University's counseling program who was dismissed from the program after, in a Practicum, she refused to counsel a client on a homosexual relationship. The lawsuit alleges that plaintiff's expression and free exercise rights, as well as her due process and equal protection rights, were infringed because of disagreement with her Christian beliefs regarding homosexuality.

Israel's Supreme Court Says Muslim Prisoners Not Entitled To Bread During Passover

According to YNet News, last week a 3-judge panel of Israel's Supreme Court ruled that the government is not obligated to serve Muslim prison inmates fresh bread during Passover. In a 2-1 decision, the court ruled that for both practical and religious reasons, serving of leavened products in prison facilities where both Jewish and Arab prisoners live together is not required during Passover. In facilities housing only Arab prisoners, inmates are furnished leavened products ahead of Passover which they can use all week. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Cert. Filed In School's Ban of Religious Music In Holiday Concerts

On Monday, a petition for certiorari (full text) was filed in Stratechuck v. Board of Education, South Orange- Maplewood School District. In the case, the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. (See prior posting.) A press release on the filing was issued by the Thomas More Law Center.

Lawsuit Challenges Health Care Bill on Free Exercise Grounds

Last week, moments after President Obama signed the health care reform bill, the Thomas More Law Center filed suit on behalf of itself and four individuals challenging the constitutionality of the new law on a number of grounds including a claim that it violates plaintiffs' free exercise rights. (Press release.) The complaint (full text) in Thomas More Law Center v. Obama, (ED MI, filed 3/23/2010) alleges in part that plaintiffs are:

being forced to contribute to the funding of abortion, which, according to their deeply held religious beliefs and convictions, is a grave moral disorder since it is the deliberate killing of an innocent human being....

According to the teaching of the Catholic Church, abortion is a crime which no
human law can legitimize. Consequently, there is no obligation in conscience to obey such a law; instead, there is a grave and clear obligation to oppose such laws by conscientious objection.