Group Seeks To Place Christian Conservatives On California Lower Courts

Yesterday's Los Angeles Times reported on an unusual campaign to unseat four San Diego (CA) trial court judges in the June 8 primary. A group calling itself "Better Courts Now" is endorsing four Christian conservative candidates for Superior Court judgeships, saying it is attempting to unify the "moral vote" and make judges accountable. The movement was the brainchild of now-deceased Zion Christian Fellowship pastor Don Hammer who campaigned for California's Proposition 8, the ban on same-sex marriage. The socially conservative Better Courts Now is backed by pastors, gun rights advocates and opponents of same-sex marriage. One of the endorsed candidates, Craig Candelore, says: "We believe our country is under assault and needs Christian values. Unfortunately, God has called upon us to do this only with the judiciary." However,San Diego County District Attorney Bonnie Dumanis says that Better Courts Now threatens to undermine the independence of the judiciary.

UPDATE: None of the 4 Christian conservative candidates was successful in unseating the incumbent judges they were challenging. The challengers obtained only 35% to 40% of the vote in each race. (USA Today, June 9, 2010).

Presidential Proclamation and Address Mark Memorial Day

As the country marks Memorial Day, the Presidential Proclamation (full text) proclaiming this year's observance reminds Americans of both the legal and religious foundations for the day:

This Memorial Day, we express our deepest appreciation to the men and women in uniform who gave their last full measure of devotion so we might live in freedom. We cherish their memory and pray for the peace for which they laid down their lives. We mourn with the families and friends of those we have lost, and hope they find comfort in knowing their loved ones died with honor. We ask for God's grace to protect those fighting in distant lands, and we renew our promise to support our troops, their families, and our veterans. Their unwavering devotion inspires us all -- they are the best of America.

.... In honor of their dedication and service to America, the Congress, by a Joint Resolution, approved May 11, 1950, as amended (36 U.S.C. 116), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance.

The President's Weekly Address (full text) also focused on Memorial Day.

Egypt's Supreme Administrative Court Overrules Coptic Church On Remarriage Rights

Reuters and Al-Masry Al-Youm both report on a decision handed down by Egypt's Supreme Administrative Court on Saturday which undermines the Coptic Church's control over marriages of Christians. In an appeal by Coptic leader Pope Shenouda from a lower court decision, the Supreme Administrative Court ordered the Coptic Church to permit men in two separate cases to remarry after their divorces even though the remarriage was not permitted under Coptic Christian religious law. Coptic doctrine allows men to remarry only in cases of adultery or a marriage that was based on deceit. The Court said that family formation is a constitutional right and takes precedence over religious rights of the church.

Maldivian Shocks Audience By Annnouncing He Is Not Muslim; Some Call For Death Sentence

The Maldives Constitution, Sec. 9, limits citizenship to Muslims. Minivan News reported yesterday that 37-year old Mohamed Nazim shocked an audience during a question and answer period at a lecture Friday on "Misconceptions About Islam" delivered by a visiting Indian scholar. At the lecture, Nazim engaged in a long exchange (transcript) with speaker, Dr. Zakir Naik, in which Nazim announced that while he is "struggling to believe in religion," he considers himself a Maldivian, not a Muslim. This is apparently the first time ever that a Maldivian has publicly announced he is not a Muslim. After Nazim pressed the speaker on the penalty for apostasy, members of the audience tried to attack Nazim. Police escorted him out for his own protection and took him into custody.

Yesterday, the Islamic Foundation of the Maldives called for judges to give Nazim an opportunity to repent, and if he does not, then sentence him to death under Islamic and Maldivian law. According to Haveeru yesterday, Maldives Ministry of Islamic Affairs has asked police to investigate Nazim. The Criminal Court granted a warrant to extend Nazim's custody for five days. Meanwhile, the Ministry of Islamic Affairs is arranging to offer Nazim counseling to deal with his doubts about Islam. [Thanks to Scott Mange for the lead.]

Recent Articles of Interest

From SSRN:

• Michael J. Perry, Michael J., From Religious Freedom to Moral Freedom, (Religion and Human Rights, John Witte Jr. & M. Christian Green, eds., Oxford University Press, Forthcoming).
• Neil W. Netanel & David Nimmer, Is Copyright Property? The Debate in Jewish Law, (Theoretical Inquiries in Law, Vol. 12, No. 1, 2011).
• Michael J. Perry, Secular Worldviews, Religious Worldviews, and the Morality of Human Rights, (The Routledge Companion To Theism, Charles Taliaferro, Steven Goetz & Victoria S. Harrison, eds., Routledge, Forthcoming).
• Linda C. McClain, Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship, (Marriage and Divorce in a Multi-Cultural Context: Reconsidering the Boundaries of Civil Law and Religion, Joel Nichols, ed., Cambridge University Press, Forthcoming).
• Mirjam Künkler, The Special Courts of the Clergy (Dadgah-E Vizheh-Ye Ruhaniyyat) and the Repression of Dissident Clergy in Iran, (May 13, 2009).
• Claudia E. Haupt, Mixed Public-Private Speech and the Establishment Clause, (Tulane Law Review, Forthcoming).
• Joseph E. David, Legal Comparability and Cultural Identity: The Case of Legal Reasoning in Jewish and Islamic Traditions, (May 23, 2010).
• Dr. S. Magnet & Heather Ann Hillsburg, Protecting Children’s 'Best Interests': Mature Minors, Faith and Canadian Jurisprudence, (April 13, 2010).

From SmartCILP:

• Symposium: Scriptural Interpretation and Constitutional Interpretation. Introduction by Christopher C. Lund; articles by Samuel J. Levine, Ronald R. Garet, Patrick McKinley Brennan, Asifa Quraishi, Francis J. Mootz III, and related article by Frank S. Ravitch. 2009 Michigan State Law Review 273-385.

Rahm Emanuel's Son Has Bar Mitzvah In Israel Amidst Lawsuits

In Israel, court battles surrounded the Bar Mitzvah ceremony of Zach Emanuel, son of White House Chief of Staff Rahm Emanuel, along with the Bar Mitzvah of Zach's cousin Noah. As previously reported, right-wing activists who oppose President Obama's treatment of Israel threatened to protest the Bar Mitzvah if it was held at the Western Wall. Today's Jerusalem Post reports that police obtained a restraining order against Itamar Ben-Gvir, Baruch Marzel and Noam Federman. They were ordered not to come within 1,000 meters of Emanuel. The Bar Mitzvah ceremony itself was held Sunday morning at the Davidson Center at Jerusalem Archaeological Park, an excavation area near the Western Wall. At that site, the Emanuel's could have the ceremony without adhering to strict Orthodox customs. Women could take part and the Torah could be read on days other than the traditional days for public readings. In Northern Virginia, the Emanuel's belong to a Conservative synagogue. (Haaretz).

Meanwhile, according to JTA, activist Ben-Gvir filed a petition in the Jerusalem District Court for Administrative Affairs seeking to block the ceremony on the ground that the Davidson Center is not licensed to host catered events. However, the Jerusalem municipality said that no license is needed because only prayers will take place there. No reception with catering or music would be held at that site. (Jerusalem Post.) After the ceremony, the busload of guests went to Jerusalem's Alyn Hospital for physically disabled children to meet patients and bring them gifts. The Bar Mitzvah boys planted two olive trees on the hospital grounds, while other guests played ball with hospital residents. JWeekly reports that last Thursday Emanuel and his son met with Israeli President Shimon Peres and was given a kiddush cup and a book of psalms with a personal inscription as a Bar Mitzvah present.

Bangladesh Follows Pakistan In Temporary Ban On Facebook

BBC News reports today that Bangladesh has become the second country to block its residents' access to Facebook because of Facebook pages that carry drawings of the prophet Muhammad. Pakistan blocked access, at least temporarily, last week. (See prior posting.) A spokesman for the Bangladesh Telecommunications Regulatory Commission says the postings "hurt the religious sentiments" of Muslims. Facebook pages also carried offensive drawings of various Bangladeshi national leaders. Access will be reopened once the offensive pages are removed. Meanwhile in Pakistan, according to The News today, a suit was filed in the Lahore High Court seeking a total ban on access to Facebook and an order that no blasphemous material be displayed or broadcast in Pakistan.

Saudi Ministry Discourages Burials In Mecca and Medina

Zawya reported yesterday that Saudi Arabia's interior ministry has recently issued a circular discouraging Muslims from shipping bodies to the holy cities of Mecca or Medina for burial. The ministry said that Islamic law instead requires burial without delay where a person dies. Grand Mufti Sheikh Abdul Aziz al-Sheikh, the country's highest religious authority, said: "It will not reduce the sins of the dead to be buried in Mecca or Medina. Only their good deeds will accompany them to their graves."

Recent Prisoner Free Exercise Cases

In Nelson v. Hubbard, 2010 U.S. Dist. LEXIS 50549 (ED CA, April 27, 2010), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was restricted from practicing his religion, Asatru.

In Russell v. City of Philadelphia, 2010 U.S. Dist. LEXIS 50456 (ED PA, May 19, 2010), a Pennsylvania federal district court rejected an inmate's complaint that while he was in administrative segregation for one month, he was unable to participate in communion, listen to religious programs on a transistor radio or possess a Bible. Plaintiff failed to allege these temporary restrictions infringed his sincerely held religious beliefs.

In Niemczynski v. Arpaio, 2010 U.S. Dist. LEXIS 51318 (D AZ, May 24, 2010), an Arizona federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that his rights were violated when a sheriff ordered Christmas music played in a jail continuously for over 10 hours per day from mid-December 2008 to early January 2009. (See prior related posting.)

In Spurlock v. Gusman, 2010 U.S. Dist. LEXIS 51485 (ED LA, May 21, 2010), a Louisiana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 51518, May 5, 2010), and dismissed a complaint by a Baptist prisoner that prisons operated by the state had a wider array of religious activities than did his Parish prison.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 51471 (SD IL, March 31, 2010), a federal magistrate judge denied a preliminary injunction in a suit brought by a Satmar Hasidic Jewish prisoner who claimed his rights under RLUIPA were being infringed when he was preventing from observing various religious practices. The magistrate judge found that plaintiff failed to show he has suffered irreparable harm. On review, a federal district judge (2010 U.S. Dist. LEXIS 47715, May 14, 2010) questioned the finding of no irreparable harm and ordered defendants to respond before deciding the issue.

In Johnson v. McCann, 2010 U.S. Dist. LEXIS 51998 (ND IL, May 21, 2010), an Illinois federal district court dismissed a now-paroled Rastafarian prisoner's claims that his 1st Amendment, RLUIPA and equal protection rights were infringed when correctional officials forced him to cut off his dreadlocks.

Quebec Seeks To Close Jewish School For Slighting Secular Curriculum

Yesterday's Montreal Gazette reports on a lawsuit filed last month by the Canadian province of Quebec against a 50-year old Orthodox Jewish school in Montreal seeking to close it down. In the suit filed in Quebec Superior Court, the province's Education Department alleges that Academie Yeshiva Toras Moshe does not spend sufficient time on non-religious subjects to meet the province's requirements. AOL News reports that Quebec has been pressuring the school since 2006 to come into compliance with provincial requirement, but the school has refused to do so. The all-boy's school in the upscale Outremont neighborhood, now home to many Hasidic Jews, does not hold a state permit. This violates Quebec's education law.

Court Dismisses Action Against Diocese For Negligent Hiring and Supervision of Priest

In Redwing v. Catholic Bishop for Diocese of Memphis, (TN App., May 27, 2010), the Tennessee Court of Appeals, in a 2-1 decision, dismissed a damage action against the Catholic Diocese of Memphis alleging that it was liable in damages for negligent hiring, retention and supervision of a priest who allegedly sexually abused plaintiff as a child over 30 years ago. The majority held that the negligent hiring and retention claims must be dismissed under the ecclesiastical abstention doctrine, since adjudicating issues of hiring and retaining clergy would entangle the court in matters of religious doctrine and polity. The majority held that while the negligent supervision claim could be decided using neutral tort principles, the statute of limitations that requires suit to be filed within one year after the victim reached age 18 cannot be tolled for some 30 years as plaintiff urges. Judge Kirby dissented however on the statute of limitations issue, arguing that plaintiff, after conducting discovery, might be able to show that at the time he reached majority, he did not have inquiry notice of facts to support a claim of negligent supervision against the Diocese.

President Hosts White House Reception For Jewish American Heritage Month

On Thursday, President Barack Obama, Vice President Joe Biden and First Lady Michelle Obama hosted the first ever White House reception to mark Jewish American Heritage Month. (Video.) In his remarks (full text) the President said in part:

As a product of history and faith, Jewish Americans have helped to open our eyes to injustice, to people in need, and to the simple idea that we ought to recognize ourselves in the struggles of our fellow men and women. That's what’s led Jewish advocates to fight for women's equality and workers' rights. That's what led rabbis to preach against racism from the bimah -– and to lead congregants on marches and protests to stop segregation. And that is what helped lead America to recognize and support Israel as a Jewish homeland and a beacon for democratic values -– beginning mere minutes after its independence was declared.....

Ahead of the reception, the White House released a statement indicating the members of Congress and other notables who would attend the reception, as well as the items on loan from the Library of Congress and the National Archives of significance to Jewish American history which will be on display for the reception.

Russian Duma Adopts New Christian National Holiday; Other Groups Want Similar Treatment

According to Eurasia Review, on Wednesday the Russian Duma gave final approval to a law that recognizes the Day of the Baptism of Rus (July 28) as a public holiday. The new law amends Art. 1.1 of the law "On Days of Glory and Anniversaries of Russia" and adds the new holiday to eight others. (Russian News Line, 3/19). The new holiday commemorates the actions of Vladimir the Great who, in the 980's converted to Christianity and proceeded to baptise the people in Kiev and then other cities. (Background from Wikipedia.) Now that the new national holiday has been adopted, leaders of the Muslim and Buddhist communities say that the Duma should also adopt national holidays to recognize their faiths.

New Zealand Effectively Bans Kosher Slaughtering

Yesterday New Zealand's ministry of Agriculture and Forestry announced adoption of the Animal Welfare (Commercial Slaughter) Code of Welfare 2010. J-Wire reports that the new Code effectively bans kosher slaughtering in New Zealand by requiring that all animals slaughtered commercially be stunned prior to killing. Kosher beef will still be able to be imported from other countries. However, New Zealand has a ban on the importation of unprocessed chicken because of concern over certain diseases.

Rabbi Jeremy Lawrence of Sydney's the Great Synagogue said that there were alternatives short of an outright ban on kosher slaughtering that the government could have adopted. He called the new rules a "deliberate decision" to override the religious freedom of the Jewish community. He added:"This is a case of misplaced values, bad science and bad legislation." Rabbi Moshe Gutnick, acting President of the Organisation of Rabbis of Australasia, said that they will do everything possible to get the decision reversed. While there is no direct appeal from the adoption of the new rules which go into effect 24 hours after publication, they could be challenged in court as infringing the country's Bill of Rights Act. The only other countries that ban kosher slaughtering are Iceland, Norway and Sweden. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

German Court Says High School Can Bar Islamic Prayer

In Germany, an appellate court yesterday held that a high school can bar a 16-year old Muslim student from performing namaz, Islamic prayer rituals, at school during his break time. Last year, the Berlin administrative court ruled that Diesterweg High School in Berlin-Wedding must allow a Muslim student known in the litigation as Yunus M. to pray 10 minutes each day in a separate classroom. (See prior posting.) An appellate court in Berlin overturned that ruling. According to Sify News, the school involved enrolls students from 29 different countries. They often argue about religious practices such as wearing of head scarves and fasting. The appellate court said that while a serious potential for conflict justified assigning the Muslim student a separate room for his prayers, the school does not have the capacity to offer the same privacy to all students who might want it. The court concluded that burdening the Muslim student's religious freedom is justified in order to protect the rights of other students and parents to freedom of belief and a calm educational environment.

Catholic School Teacher Fired For Facebook Posting Gets Unemployment Comp

An Iowa administrative law judge has held that a fired Catholic school teacher is entitled to unemployment compensation benefits because the school failed to prove misconduct. Today's Des Moines Register reports that St. Edmonds Catholic School in Fort Dodge (IA) fired 8th-grade math teacher Abby Nurre because of the views she expressed online. Last August she response to a poll on Facebook in which she said she did not believe in God, miracles or heaven. Later she joined a discussion forum, Atheist Nexus, in order to post a link to a New York Times article that indicated the government had spent $2.3 million on prayer research.

The school's board of directors agreed with the principal that Nurre should be fired for violating a school policy against advocating "principles contrary to the dogmatic and moral teaching of the church." At the unemployment hearing, a school official testified: "When students in a Catholic school are running around the school with this survey and it says, 'Do you believe in God?' and it says, 'No,' well, that's in conflict with what we are teaching." The administrative law judge ruled, however, that the postings "did not involve publicly advocating principles contrary to the teachings of the church and did not involve immoral conduct."

Lawsuit Challenges Detroit Area Bus Authority's Refusal of Ad Aimed At Muslims

A federal lawsuit was filed yesterday against the Detroit-area transportation authority challenging its refusal to accept a bus ad directed at Muslims leaving their faith. The ad, sponsored by the Freedom Defense Initiative, read: "Fatwa on your head? Is your family or community threatening you? Leaving Islam? Got questions? Get Answers!" The complaint (full text) in American Freedom Defense Initiative v. Suburban Mobility Authority for Regional Transportation ("SMART"), (ED MI, filed 5/27/2010), claims that refusal to accept the ad for display on SMART buses amounted to a content and viewpoint based restriction on free speech in a public forum, as well a a denial of equal protection of the law. Thomas More Law Center issued a press release announcing filing or the lawsuit. (See prior related posting.)

North Dakota Allows "ISNOGOD" Personalized Plate

In Bismarck, North Dakota, the state's Department of Transportation director has granted the appeal of a Fargo resident, Brian Magee for the issuance of a personalized license plate reading ISNOGOD. Yesterday's Bismarck Tribune reports that in his appeal Magee had argued that the state had authorized personalized plates advocating religions, such as ILOVGOD. In his appeal, Magee had urged his preferred alternative option-- refusing all religious messages on plates.

President Signs Lord's Resistance Army Disarmament Act

On Monday, President Obama signed S. 1067, the "Lord's Resistance Army Disarmament and Northern Uganda Recovery Act." In his Signing Statement, the President said: "The legislation crystallizes the commitment of the United States to help bring an end to the brutality and destruction that have been a hallmark of the LRA across several countries for two decades, and to pursue a future of greater security and hope for the people of central Africa." The Lord's Resistance Army is Christian militant group based in northern Uganda that is classified as a terrorist group by the United States. LRA leader Joseph Kony claims to be establishing a theocratic state based on the Ten Commandments and the Acholi ethnic tradition. (Wikipedia.) However President Obama described it quite differently:

The Lord's Resistance Army preys on civilians – killing, raping, and mutilating the people of central Africa; stealing and brutalizing their children; and displacing hundreds of thousands of people. Its leadership, indicted by the International Criminal Court for crimes against humanity, has no agenda and no purpose other than its own survival. It fills its ranks of fighters with the young boys and girls it abducts. By any measure, its actions are an affront to human dignity.

Opponent Criticizes Massachusetts Governor For Statements At Muslim Forum

In Massachusetts, state Treasurer Timothy Cahill who is running as an Independent candidate for governor this fall has strongly criticized Gov. Deval Patrick for his performance last Saturday at a forum at the Islamic Society of Boston Cultural Center in Roxbury. Some 1100 people attended the event at the Center that was opened last year. Yesterday's Worcester Telegram & Gazette reported on developments. According to last Sunday's Boston Herald, Patrick was given one minute to answer yes or no to seven questions. He answered yes to all, promising among other things to move on cultural awareness training for law enforcement officers and to urge public and private employers to accommodate Muslims' need to attend religious services on Fridays. Cahill yesterday issued a statement that says in part: "Governor Patrick should stop playing politics with terrorism and focus on protecting all the citizens of this Commonwealth.... Now is the time for Governor Patrick to look radical Islamic terrorism full in the face, call it what it is...."