EPA Presses Amish Farmers To Lessen Run-Offs Into Chesapeake Bay

Today's New York Times carries a long article on the efforts of the Environmental Protection Agency to get Amish farmers in Lancaster County, Pennsylvania to take steps to reduce the manure run-off from their farms. The run-off from the 61 million pounds per year of manure produced in that county adds substantially to the pollution of Chesapeake Bay. EPA is trying to persuade plain-sect farmers to build fences and buffers, with the aid of federal grants, in order to reduce the run-off. Some farmers are taking advantage of the offers, but others resent the government intrusion and oppose taking government grants. A number of farmers are building manure pits to deal with the problem.

Librarian Loses Suit Claiming University Was Hostile To His Christian Beliefs

Today's Columbus (OH) Dispatch reports that a librarian at the Mansfield campus of Ohio State University has lost his federal lawsuit in which he claimed that the University as "an aggressive proponent of the homosexual lifestyle" is "a naturally hostile environment to the expression of traditional Christian beliefs and morality." Savage v. Gee, (SD OH, June 7, 2010), involved an escalating series of charges and counter charges between librarian Scott Savage and various faculty members, all growing out of Savage's suggestion of the book The Marketing of Evil as possible assigned reading for all entering freshmen. (Background.) The book contains a chapter describing homosexuality and aberrant human behavior that has gained acceptance through political correctness. Rejecting Savage's claim that his eventual resignation amounted to a constructive discharge, the court concluded:

Savage cannot show that OSU made his working conditions so intolerable that a reasonable person in his position would have felt compelled to resign. Although the controversy that erupted over his book recommendation resulted in faculty members publicly criticizing his judgment and professionalism, these members had no power over Savage’s job and no ability to discipline or fire him.

2nd Circuit Says School Closing Did Not Violate Establishment Clause

In Incantalupo v. Lawrence Union Free School District Number 15, (2d Cir., June 7, 2010), the 2nd Circuit rejected parents' Establishment Clause challenge to a consolidation plan adopted by the Lawrence Union Free School District. The plan resulted in the closure of one elementary school. Plaintiffs claimed the Board of Education, many of whose members are Orthodox Jews whose children attend private yeshivas, adopted the consolidation plan to reduce taxes and leave the public schools underfinanced. They argued that this promoted Orthodox Judaism by making more money available to Orthodox families for private school tuition. The court disagreed, finding that plaintiffs had not plausibly alleged that the plan violated the Lemon test:

As long as the plan affords any realized tax savings to taxpayers generally and without regard to religion, plaintiffs cannot plausibly allege that either the purpose or the primary effect of the plan is to establish religion. The fact that a large number of Orthodox Jewish taxpayers may freely choose to spend their tax savings from the plan on religious education for their children warrants no different conclusion because the plan itself does nothing to reward or even encourage such a consumption choice.

(See prior related posting.)

Critics Question State Funds To Christian Counseling Clinic Owned By Member of Congress

The Minnesota Independent last week reported that a Christian counseling agency owned by U.S. Rep. Michelle Bachmann (R-MN) and her husband Dr. Marcus Bachmann has received over $27,000 in state funds since 2007. The state funds are paid to the clinic to treat low-income Minnesotans for mental health and chemical dependency problems. All of the clinic's counsellors identify as Christians, and its drug and alcohol counselor is an ordained minister, as is at least one of its other counsellors. Critics, including Americans United, question whether the clinic-- which touts the religious nature of its counselling (Bachmann & Associates website)-- is keeping its religious activity separate from the social services funded by state money.

Group Urges End To Limits On Use of Meeting Facilities For Religious Purposes

Alliance Defense Fund announced yesterday that it has written to 151 governmental entities operating libraries, parks, schools and community centers urging them to end policies that restrict or exclude groups from using their public meeting rooms and facilities for religious purposes. Many of these facilities bar the use of their space for religious worship or religious seminars while permitting use by other groups to discuss non-religious issues. ADF says this kind of viewpoint discrimination is unconstitutional.

Enfield School Board Changes Its Mind-- Will Appeal Church Graduation Ban

The board of the Enfield, Connecticut Public Schools has changed its mind and decided that it will appeal a federal district court ruling barring it from holding this year's high school graduation ceremonies in First Cathedral, a Bloomfield, CT Christian church. (See prior posting.) Last week, the board voted 5-4 to hold graduation on school premises and not appeal the trial court's preliminary injunction. But yesterday, according to the Hartford Courant, Board member Donna Szewczak changed her vote, apparently because of complaints by members of the community.

UPDATE: On June 14, the Second Circuit denied Enfield's request to lift the temporary injunction issued by the district court, noting that the school board had already decided to hold graduation on school premises for this year. The district court will hear arguments on whether or not to permanently enjoin use of First Cathedral for graduations before next year's graduation ceremonies take place. (AP).

Korea's Constitutional Court Says Pre-Embryos Are Not Humans

South Korea's Bioethics and Biosafety Act, Art. 16 and 17, permit excess embryos that have been fertilized in vitro for purposes of assisted reproduction to be used for research for specified medical and reproductive purposes, so long as the embryo has not developed beyond 14 days. Consent of the donors is required, and that consent can later be withdrawn. The statute also calls for disposal of embryos that have been stored longer than five years. No donor consent is required for this. On May 27, South Korea's Constitutional Court upheld these provisions, finding that they "do not violate the right of life of human beings." The Court held: "Although we acknowledge the basic rights of fetuses before birth, pre-embryos, which have been fertilized but within which the 'primitive streak' has not yet formed, cannot be regarded as humans."

The ruling came in a case filed by a married couple from whom three embryos had been produced in vitro. One was implanted in the wife, and the other two were to be used for research pursuant to a consent originally filed by the couple. The couple, however, changed their minds and brought suit to vindicate the rights of the remaining embryos. Joining them as plaintiffs were eleven others, including doctors, ethicists and philosophers. The two embryos were also named as plaintiffs. The Life Committee of the Catholic Diocese of Seoul denounced the Court's decision. Various aspects of the decision are reported on by The Hankyoreh (May 28); Korea Times (May 27); JoongAng Daily (May 28); and CathNews (May 31).

Authorities Reluctant To Interfere With Gay Exorcism Rites

The June issue of Details Magazine reports on exorcism rituals practices by some Pentecostal and Evangelical churches across the country aimed at driving out demons which are deemed by them to be the cause of homosexuality. The article focuses in particular on 20-year old Kevin Robinson of Enfield, Connecticut who has undergone gay exorcism at least ten times since he was 16. Many who undergo these exorcisms are minors. Prosecutors and child welfare agencies are reluctant to interfere with the practice because of First Amendment religious freedom concerns. Yesterday's Boston Edge also reports on the gay exorcism phenomenon.

Israel Passes New Law On Egg Donation, Allowing Religion of Donor To Be Ascertained

According to Haaretz, Israel's Knesset yesterday approved a bill that for the first time in Israel allows women between the ages of 20 and 35 to donate their eggs for couples having difficulty conceiving a child. The law provides that a baby born through in vitro fertilization will be the legal child of the birth mother, not the egg donor. All egg donors are to remain anonymous, but a database will allow recipients of egg donations to check the religion of the donor. This is apparently a response to recent controversial rulings by some Israeli Orthodox rabbis that whether a child is Jewish under the rules of matrilineal descent turns on the religion of the egg donor, not the birth mother. Until recently, Orthodox authorities had generally considered the religion of the birth mother to control. This controversy was discussed in a Wall Street Journal piece last month. Haaretz says that the new law will also allow recipients to choose a donor in certain cases.

Evangelical Leaders of Immigration Reform Say Same-Sex Provisions Will Kill Bill

Last month, a group of evangelical leaders made news by calling for a "Just Assimilation" immigration policy that would secure the borders, but also create a path to legalization for millions of undocumented residents. (See prior posting.) Now most of the same leaders say that they will oppose the immigration bill that has been drafted by New York's Sen. Chuck Schumer because it would allow same-sex partners of Americans the same rights as opposite-sex spouses to to obtain citizenship. Baptist Press yesterday reported on the June 4 Statement on Immigration from Liberty Counsel's Matt Staver and signed onto by leaders such as Rev. Samuel Rodriguez, President of the National Hispanic Christian Leadership Conference; Dr. Richard Land, President of The Ethics and Religious Liberty Commission of the Southern Baptist Convention; Kenneth Blackwell, Former U.S. Ambassador to the United Nations on Human Rights; and Lou Engle, Co-founder, The Call to Conscience. The Statement reads in part:

Despite the fact that homosexual groups estimate that the domestic partner provision will benefit only about 36,000 people, Sen. Schumer and President Obama still support the measure.

The undersigned question whether President Obama and Sen. Schumer are more interested in pandering to special interest groups than they are to the pressing needs of immigration. "Same-sex domestic partnerships will doom any effort for bipartisan support of immigration and will cause religious conservatives to withdraw their support," Staver warned.

Canadian Case Raises Issue of Defendant's Right To Have Accuser Remove Niqab

In Canada, the Ontario Court of Appeals today hears oral arguments in a case in which defendants facing sexual assault charges say that the right to face their accuser means that the victim should be required to remove her niqab when she is questioned. Today's Toronto Globe and Mail reports that the case attracted a number of intervenors on both sides. The Muslim Canadian Congress argued that women wearing the full-face veil often do not make the choice to do so freely, so the court should examine the woman's motives carefully before permitting her to testify with her face covered. The Criminal Lawyers Association argued that a cross-examiner needs to examine subtle body language and facial expressions. On the other side, the Women's Legal Education and Action Fund argued that requiring removal of the veil will deter Muslim women from seeking protection of the justice system by humiliating and intimidating them. The Canadian Civil Liberties Union adds that this will also deter women from coming forward as witnesses.

New Florida Law, Responding To Santa Rosa Case, Limits School Officials

On Friday, Florida Governor Charlie Crist signed H.B. 31 (full text), a reaction to the settlement by the Santa Rosa County (FL) School District of litigation against it challenging religious practices in the schools. Since the settlement, elaborate litigation strategies have been developed to attempt to overturn the settlement. (See prior posting.) The new law provides:

District school boards, administrative personnel, and instructional personnel are prohibited from taking affirmative action, including, but not limited to, the entry into any agreement, that infringes or waives the rights or freedoms afforded to instructional personnel, school staff, or students by the First Amendment to the United States Constitution, in the absence of the express written consent of any individual whose constitutional rights would be impacted by such infringement or waiver.

Liberty Counsel issued a press release on the new law that becomes effective July 1.

Helen Thomas, Dean of White House Press Corps, Under Fire For Anti-Semitic Remarks

CNN reported yesterday that Helen Thomas, dean of the White House press corps, is under fire for anti-Semitic remarks she made in an interview (YouTube) with RabbiLIVE at the May 27 American Jewish Heritage Month reception at the White House. After saying that "Israel should get the hell out of Palestine," Thomas was asked where the Jews in Israel should go. She responded: "They should go home," which she elaborated meant to "Poland, Germany . . . and America and everywhere else." Thomas posted an apology on her website Friday saying she deeply regretted her comments. Ari Fleischer, press secretary to President George W. Bush, called on Hearst Corp. to fire Thomas for her comments. Lanny Davis former special counsel to President Bill Clinton called for removal of Thomas' White House press credentials, or at least her privileged seat at news conferences. Thomas' agent Nine Speakers, Inc. dropped her as a client on Sunday.

UPDATE: On June 7, Helen Thomas announced her retirement as a columnist for the Hearst News Service. (AP).

Police Department To Take Booking Photos With Religious Headgear On

Friday's Detroit Free Press reported that the Canton Township, Michigan police have changed their policy and will no longer require persons being booked for arrest to remove head coverings if they are worn for genuine religious reasons. Booking photos will be taken with the person's religious garb normally worn in public still on. [Thanks to Alliance Alert for the lead.]

250 Receive Payments In Covington Diocese Settlement

Yesterday's Kentucky Post carries an article titled Covington Diocese Sex Abuse Settlement-- 1 Year Later. While court records remain sealed, the article reports on a few of the victims who received payment form the 2009 settlement by the Diocese. 250 claims (out of 400 applcations)were found entitled to payment from of the $90 million victims' fund. Victims received amounts ranging from $5000 to $1 million.

Recent Articles Of Interest

From SSRN:

• J.P. Nichols, The Hidden Dichotomy in the Law of Morality, (Campbell Law Review, Vol 31, p. 591, 2009).
• Adam S. Hofri-Winogradow, A Plurality of Discontent: Legal Pluralism, Religious Adjudication and the State, (Journal of Law and Religion, Vol. 26, No. 1, pp. 101-133, 2010).
• John C. Jeffries Jr., What’s Wrong with Qualified Immunity?, (Florida Law Review, Vol. 62, 2010).

From SmartCILP:

• Margaret F. Brinig & Nicole Stelle Garnett, Catholic Schools, Urban Neighborhoods, and Education Reform, 85 Notre Dame Law Review 887-954 (2010).
• Leslie C. Griffin, Fighting the New Wars of Religion: The Need for a Tolerant First Amendment, 62 Maine Law Review 23-74 (2010).

Recent Prisoner Free Excercise Cases

In Busick v. Neal, (5th Cir., May 26, 2010), the 5th Circuit rejected an inmate's claim that that county policy requiring inmates to receive all magazines and books from a single publisher violated his rights to religious freedom because the publisher did not offer free bibles to inmates while other organizations did.

In Muhammad v. Williams-Hubble, (11th Cir., May 28, 2010), the 11th Circuit reversed the district court and permitted an inmate to proceed with his charges that in seeking prison employment his high school diploma was rejected because he is a Muslim.

In Ali v. Quarterman, (5th Cir., May 28, 2010), the 5th Circuit held that the Texas federal district court erred in denying a motion for a preliminary injunction from a Muslim inmate seeking to wear a beard and a kufi. The trial court failed to set out findings of fact and conclusions of law. The trial court also erred in its administrative closure of the case.

In Wright v. Hedgpeth, 2010 U.S. Dist. LEXIS 54592 (ND CA, May 10, 2010), a California federal district court held that an inmate's complaint that he was denied a Halal diet and that various Muslim religious services were cancelled stated a cognizable free exercise claim. It dismissed his claim that officials placed his Qu'ran in a pile of dirt, and that he was searched by a female guard in violation of his religious principles.

In Sivori v. Sparkman, 2010 U.S. Dist. LEXIS 54222 (ND MI, June 2, 2010), a Mississippi federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54227, May 13, 2010). and permitted an inmate who is a membe of the House of Yaweh to proceed with claims that he was denied a kosher diet and that the Postal Inspection Service blocked his receiving a kippah.

In Matlock-Bey v. Ringwood, 2010 U.S. Dist. LEXIS 54418 (ED AR, June 1, 2010), a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54302. May 10, 2010) and dismissed a complaint by a Muslim inmate over the serving of meat products containing pork additive on several occasions.

In Hernandez v. Arizona Department of Corrections, 2010 U.S. Dist. LEXIS 53236 (D AZ, May 6, 2010), an Arizona federal district court concluded that an inmate failed to state a free exercise claim in his complaint that food items were missing from his trays.

In Cosco v. Lampert, (WY Sup. Ct., April 10, 2010), the Wyoming Supreme Court rejected an inmate's claim that his leather cover for his satanic bible with a satanic medallion, as well as a medallion of Baphomet, were destroyed or went missing after he was transferred to a Nevada prison which went the items back to Wyoming.

Armenian Church Sues Getty Museum For Return of Bible Pages

Peace FM Online and Courthouse News Service report that a lawsuit was filed last Tuesday in Los Angeles Superior Court by the Western Prelacy of the Armenian Apostolic Church of America against the J. Paul Getty Museum. The suit seeks return of seven illustrated pages, known as the Canon Table, taken from an illuminated Armenian Bible created by Toros Roslin for Constantine I in 1256. The suit also asks for damages of $35 million which it seeks to have trebled. The rest of the Bible, known as the "Zeyt'un Gospels" is in the Mesrob Mashotots Madenataran museum in Yerevan, Armenia. The lawsuit alleges that the pages were stolen during the Armenian Genocide of 1915-18 and that the Getty Trust knew or should have known this. The Getty says it legally acquired the pages.

Saudi Plaintiffs Say Their Government Is Violating Islamic Law

In Saudi Arabia, two separate lawsuits have recently been filed by Islamic conservatives challenging actions by the Saudi government as being inconsistent with Shariah. Zawya reports today that a member of the public has filed a complaint with the Prosecution and Investigation Commission in Asir province claiming that TV channels and print media affiliated with the Ministry of Culture are advocating the mixing of genders and the unveiling of women, as well as mocking religious symbols. Under a 2005 Royal Decree, the Commission has discretion to accept or reject the complaint.

Meanwhile according to Arab News earlier this week, Sheikh Youssef Al-Ahmad, a lecturer at Imam Muhammad bin Saud Islamic University, has filed a suit in the Court of Appeals in Riyadh challenging a decision by Noura Al-Faiz, deputy minister of education, to allow female teachers in private girls schools to teach boys in the first three grades. Al-Ahmed says this is forbidden "because this is a realization of the liberal scheme to gradually normalize the mixing of genders in schools."

Court Invalidates Arrangement With Jehovah's Witnesses On Orders For Blood Transfusions

In San Joaquin County Human Services Agency v. Marcus W., (CA App., June 2, 2010), a California appellate court essentially invalidated an arrangement that the County Human Services Agency had made over a decade ago with a Jehovah's Witnesses organization. Under the arrangement, doctors seeking court orders for blood transfusions for minor children of Jehovah's Witnesses could obtain a hearing and an order without the stigma of filing a dependency petition which implies parental abuse or neglect. According to the court, the arrangement, while well-intended, is illegal. California's Welfare and Institutions Code, Sec. 369, gives the juvenile court jurisdiction to order medical care for a minor only if the minor has been taken into temporary custody or is a dependent of the court or is named in a petition to be declared a dependent. The court concluded that the juvenile court lacked jurisdiction to enter an order requiring a 16-year old suffering from sickle cell anemia to undergo periodic blood transfusions in violation of his religious beliefs. Yesterday's Los Angeles Metropolitan News-Enterprise reports on the decision.