Israeli Police Arrest, Release, Women's Rights Leader For Allegedly Reading Torah At Western Wall

Monday's Jerusalem Post reported that Israeli police released Anat Hoffman, the head of the Women of the Wall prayer group, after she was taken into custody on charges of violating a High Court ruling barring women from reading the Torah at the Western Wall in Jerusalem. Women of the Wall organizes women's prayer groups at the Wall each month on Rosh Hodesh (the beginning of the new month). Hoffman's supporters say she was not reading from the Torah, but only holding it-- which is permitted under the High Court ruling-- when Kotel Police tried to take the Torah from her. A statement by the Masorti (Conservative) Movement criticized the strictly Orthodox haredim for turning the Western Wall from a national monument into "a synagogue that is managed according to fundamentalist views." Under Orthodox views, only men may read from the Torah at worship services. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

French National Assembly Votes To Ban Burqa Anywhere In Public

The lower house of France's parliament, the National Assembly, yesterday passed a bill to outlaw the wearing of garments such as the niqab and burqa anywhere in public. BBC News reports that the ban on the full-face Islamic veil passed by a vote of 335-1 with with 221 members not voting. Many members of the opposition Socialist Party, who wanted the ban limited to public buildings, abstained rather than voting no under pressure from supporters of the bill. The Senate must also approve the bill before it becomes law. A vote is expected in September. Under the bill, women who wear a full-face veil will be fined up to 150 Euros ($188), while men who force their wives to wear a burqa face a fine of 30,000 Euros ($37,700) and one year in jail. Only around 2000 women in France wear the burqa, though many French Muslims oppose the new law. The Council of State says the new law may be unconstitutional. Meanwhile a French businessman, Rachid Nekkaz, who thinks the law is unconstitutional says he will set up a fund of 1 million Euros to help women who violate the law pay their fines.

Appeal To 9th Circuit Filed In Challenge To Religion At Community College

An appeal was filed with the 9th Circuit yesterday in Westphal v. Wagner, a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. (See prior posting.) In May, a federal district court denied a preliminary injunction against invocations at this year's graduation ceremonies. (See prior posting.) Plainitiffs' brief (full text) before the 9th Circuit argues that the district court incorrectly denied an injunction. Opposing Views reports on the appeal.

Prayer Over Co-Worker's Cubicle May Need To Be Accommodated Under Title VII

In Shatkin v. University of Texas at Arlington, 2010 U.S. Dist. LEXIS 68500 (ND TX, July 9, 2010), a Texas federal district court refused to dismiss a suit by two former development office employees at the University of Texas who were fired for praying over a fellow-employee's cubicle, and rubbing olive oil on the employee's metal doorway, in an after work-hours ceremony. The employees brought suit under Title VII of the 1964 Civil Rights Act alleging that the University failed to accommodate their need to pray over the cubicle. The two requested an accommodation as soon as they learned that their activities violated the University's property and anti-harassment policies. The court held that the employees did not need to inform the University of their need for an accommodation before they engaged in the prayer ceremony. (See prior related posting.)

Obama Statement Read At Srebrenica Genocide Commemoration

Last Sunday, the White House released a statement from President Obama (full text) marking the 15th anniversary of the genocide of 8000 Bosnian Muslim men and boys by Seb troops at Srebrenica. The President called the genocide "a stain on our collective conscience." CNN reports that a U.S. delegation read the President's statement at ceremonies in Bosnia-Herzegovina marking the anniversary. The ceremony included the burial of 775 more recently-identified genocide victims at the Centre Potocari, the official Srebrenica Genocide Memorial.

Suit Challenges Christian Prayer At Florida City Council Meetings

According to the Lakeland (FL) Ledger, Atheists of Florida yesterday filed a federal lawsuit against the city of Lakeland, challenging its practice of opening City Commission meetings with prayer. The complaint (full text) in Atheists of Florida, Inc. v. City of Lakeland, Florida, (MD FL, filed 7/12/2010), alleges that the city specifically seeks out Christian (almost exclusively Protestant) clergy to offer invocations during city commission meetings, with the purpose and effect of endorsing religion and creating excessive entanglement with religion. It seeks a declaratory judgment and injunction claiming that the practice violates the Establishment Clause of the federal and state constitutions, denies Equal Protection to non-believers and non-Christians, and compels those in attendance to express either agreement or opposition to government sponsored prayer by standing, bowing one's head or remaining seated.

Muslim Woman Sues NJ Hospital For Discrimination

WTVO News yesterday reported on a religious discrimination lawsuit filed by a New Jersey woman against the Somerset Medical Center in Somerville (NJ). Rona Mohammedi, a Muslim, came to the medical center in February with severe chest pains. When she was told she would need an electrocardiogram, for religious modesty requirements she asked for a woman to perform the test. Mohammedi claims that instead of treating her, the hospital left her in the Emergency Room for five hours until her husband requested a transfer. Hospital lawyers say Mohammedi left the facility against medical advice.

A Note To Religion Clause Readers

A wonderful thing about the blogosphere is that the physical location of blogger and readers is largely irrelevant. Nevertheless, a writer's geographical location can influence content in subtle ways. So I wanted to let Religion Clause readers know that I am now based in Atlanta, Georgia instead of Toledo, Ohio. I retain my University of Toledo emeritus connection, so in a sense I have feet in both north and south. --- HMF

Russian Organizers of Offending Art Show Convicted, Fined

In Russia today, two organizers of the 2007 Forbidden Art exhibit at the Sakharov Museum in Moscow were found guilty "committing acts aimed at inciting national hatred and strife," according to reports by BBC News and the Moscow News. Designed to display works of art that had been banned from major museums in 2006, the exhibit included several paintings of Jesus. In one, Jesus' disciples were depicted as Mickey Mouse; in another, the crucified Jesus' head was replaced by the Order of Lenin medal. Complaints over the exhibit were filed by the Russian Orthodox Church and an ultra-nationalist group. (See prior posting.) While the defendants faced possible prison sentences, they were instead merely fined. The Tagansky District Court fined Yury Samodurov, former head of the Sakharov Museum, 200,000 rubles ($6500), while contemporary art expert Andrei Yerofeyev was fined 150,000 rubles ($4870). Last month Yerofeyev wrote the Russian Orthodox Church apologizing for any unintentional offense cause to Christians by the show. Last week 13 prominent Russian artists had appealed to Russian President Dimitry Medvedev to stop the trial.

UPDATE: CBC News (7/19) reports that Samodurov and Yerofeyev plan to appeal their convictions to the Russian Supreme Court and, if unsuccessful there, to the European Court of Human Rights.

Adjunct Prof of Catholic Thought Fired Over E-Mail On Homosexuality and Natural Law

Fox News reported Friday that the University of Illinois, Champaign, has fired an adjunct professor who taught courses on Introduction to Catholicism and Modern Catholic Thought because of an e-mail he sent to a student explaining the Catholic position on homosexuality. The professor, Ken Howell, who also then lost his job at an on-campus Catholic center, was not renewed at the end of Spring Semester after a student complained that an e-mail Howell sent to his students preparing for exams amounted to hate speech. Howell wrote: "Natural Moral Law says that Morality must be a response to REALITY. In other words, sexual acts are only appropriate for people who are complementary, not the same." Howell has taught at the University for nine years. He says he makes it clear to his students that he believes the Church views he teaches, but that students will not be graded on the basis of whether they believe them. The University said that Howell's e-mail violates the University's standards of inclusivity.

Recent Articles Of Interest

From SSRN:

• David Gan-wing Cheng, Wisconsin v. Yoder: Respecting Children’s Rights and Why Yoder Would Soon Be Overturned, (July 7, 2010).
• Katherine Biber, Bad Holocaust Art, (Law Text, Vol.13, pp. 226-259, 2009).
• Samuel D. Brunson, Rethinking Public Charities and Political Speech, (Loyola University Chicago School of Law Research Paper No. 2010-002, April 7, 2010).

From SmartCILP:

• Irus Braverman, Planting the Promised Landscape: Zionism, Nature, and Resistance in Israel/Palestine, 49 Natural Resources Journal 317-365 (2009).
• Holmes Rolston III, Saving Creation: Faith Shaping Environmental Policy, 4 Harvard Law & Policy Review 121-148 (2010).

Economic Collusion Leads To Price Spike In Saudi Arabia Before Ramadan

Ramadan begins this year on Aug. 10. Zawya today reports that in Saudi Arabia, where the weeks preceding the holy month are a high shopping season, prices on foodstuffs-- especially imports-- are increasing sharply because or collusion by two companies. The two companies, taking advantage of favorable exchange rates, have bought up huge stocks of food items from the sole agent for many imported food products. They now monopolize local food distribution networks. Prices for essential commodities have risen 25% in recent weeks, and this could double by the time Ramadan begins.

Prayer At South Carolina County Council Meetings Becomes Controversial

Today's Spartanburg, South Carolina Herald Journal reports on the controversy over prayer at Spartanburg County Council meetings. The Council's chaplain-- Jerry Clevenger, a Sheriff's Office employee-- usually closes invocations by invoking Jesus' name. However, apparently the prayer policy provoked scrutiny when in March Councilman O'Neal Mintz filled in for the chaplain at one meeting and delivered a prayer condemning abortion and same-sex marriage. Now Unitarian minister Don Rollins is organizing a "silent protest" against opening meetings with Christian prayer, seeking to have prayers delivered by members of different faith communities. Council chairman Jeff Horton says that as a Christian he could not ask anyone not to pray in Jesus' name.

British Court Says Town Wrong In Suspending Foster Care License After Religious Conversion

In Britain, a High Court has forced the Council in the town of Gateshead to admit that it acted improperly in revoking the foster care license of a Christian woman. According to a release today by the Christian Institute, the Gateshead Council in 2008 deregistered the woman, who had been caring for foster children for ten years, preventing her from continuing to do so after a a 16-year old Muslim girl in her charge converted to Christianity. Lawyers for the woman argued that the Council's action failed to take account of the girl's freedom of religion. The license revocation has had a significant impact on the foster carer's financial situation.

Recent Prisoner Free Excercise Cases

In Penwell v. Holtgeerts, (9th Cir., July 7, 2010), the 9th Circuit remanded to the district court a claim that restrictions on an inmate's religious practice burdened his free exercise rights. The 9th Circuit had announced a new standard for determining this issue in another case subsequent to the district court's decision.

In Lewis v. Ryan, 2010 U.S. Dist. LEXIS 65258 (D AZ, June 9, 2010), an Arizona federal district court dismissed with leave to amend a prisoner's claim that his free exercise rights were violated when authorities denied his request for his retention funds to be used for a donation to a religious charity. He alleged his religion requires him to practice charity.

In Duran v. Patrick, 2010 U.S. Dist. LEXIS 65616 (D MA, June 30, 2010), a Massachusetts federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 65746, June 9, 2010) and dismissed for failure to exhaust administrative remedies an inmate's claim that a corrections officer destroyed and disposed of his religious articles to prevent him from practicing his Islamic faith.

In Taylor v. Pelican Bay, 2010 U.S. Dist. LEXIS 65996 (ND CA, July 1, 2010), a California federal district court rejected an inmate's claim that his free exercise rights were violated by a requirement that he identify his religion in order for the prison chaplain to verify his claim to need a religious diet. It also rejected his religious freedom claims based on occasional failures of his meal trays to include all items that should have been on the religious diet tray.

In Davis v. Flores, 2010 U.S. Dist. LEXIS 66691 (ED CA, July 1, 2010), a California federal district court refused to grant summary judgment to an inmate who complained that his rights under the free exercise clause and RLUIPA were violated by restrictions for a period of time on Muslim prisoners purchasing or possessing prayer oil and by suspension of religious services after the dismissal of a chaplain who had smuggled in contraband in prayer oil containers.

In Castle v. Hedgpeth, 2010 U.S. Dist. LEXIS 66514 (ED CA, June 30, 2010), a California federal magistrate judge recommended that an inmate be permitted to proceed with his challenge to enforcement of a prison regulation that prohibits Muslim inmates from purchasing or possessing prayer oil.

In Allen v. Jones, 2010 U.S. Dist. LEXIS 67207 (WD LA, July 6, 2010), a Louisiana federal district judge adopted the recommendations of a magistrate (2010 U.S. Dist. LEXIS 67247, May
7, 2010) and rejected plaintiff's claim that the Establishment Clause was violated by a policy that required inmates who left their cells during church call out to attend church services.

In Rider v. Yates, 2010 U.S. Dist. LEXIS 67612 (ED CA, June 15, 2010), a California federal magistrate judge permitted an inmate to move ahead with his claim that prison officials took a chalice that he had on a pagan altar in his cell, depriving him of the property in violation of his rights under the 1st Amendment and RLUIPA.

Suit Challenges Georgia Ban On Concealed Carry of Guns In Churches

Yesterday's Atlanta Journal Constitution reports that a gun rights group, its president, a Thomsaston (GA) Baptist church and its minister have filed suit in state court challenging Georgia's ban on carrying concealed weapons in churches. The complaint (full text) in Georgiacarry.org, Inc. v. State of Georgia, (GA Super. Ct., filed 7/7/2010), alleges that the ban interferes with the free exercise of religion by barring in places of worship activities generally permitted throughout the state. It also alleges that the ban infringes rights under the Second Amendment to the U.S. Constitution. The suit follows the U.S. Supreme Court's decision last month in McDonald v. Chicago, holding that the Second Amendment's individual right to keep and bear arms for self defense (subject to reasonable regulation) applies to the states as well as the federal government.

Commercial Use of Part of Religious High School Not Protected By RLUIPA

In New Life Worship Center v. Town of Smithfield Zoning Board of Review, 2010 R.I. Super. LEXIS 101 (RI Super. Ct., July 7, 2010), a Rhode Island trial court upheld the decision of a town zoning board to bar use of space in a high school operated by New Life Worship Center, a religious organization, for use as a commercial fitness center and dance studio. The court rejected New Life's claims under RLUIPA and Rhode Island's Religious Freedom Restoration Act that denial of a special use permit improperly created a substantial burden on the organization's exercise of religion. The court said in part:

The inability of New Life to operate the fitness center and dance studio as a commercial business to generate funds to support the parish and the building of the high school does not pose any significant pressure on the members of New Life. The members of the church are not being asked to conform their behavior in practicing their religion, nor are the religious activities of the church being compromised.... [T]he denial of the special use permit to protect the students of the high school from the regular entry into the building by members of the general public is a compelling governmental interest. The Zoning Board is not denying New Life the opportunity to practice ancillary activities on the property, but rather disallowing open access to the high school building in fear of the potential danger to the students.

Court Rules National Episcopal Church Entitled To Property of Break-Away Georgia Parish

In Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc., (GA Ct. App., July 8, 2010), a Georgia appellate court, applying neutral principles of civil law, held that the National Episcopal Church is entitled to the property of a local parish (Savannah's Christ Church) that disaffiliated and joined the more conservative Anglican Church of North America. The court concluded that Christ Church has made itself subject to the discipline and canons of the National Episcopal Church which impose a trust on parish property in favor of the National Episcopal Church and the Diocese of Georgia. The Savannah Morning News reported on the decision. [Thanks to John Chilton for the lead.]

5th Circuit: Texas RFRA Supports Long Braids In School For Native American Boy

In A.A. v. Needville Independent School District, (5th Cir., July 9, 2010), the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, held that the Texas Religious Freedom Restoration Act protects the right of a Native American kindergartner to wear his hair in two long braids. The majority held that the school’s proposed alternatives that the boy either wear his hair in a single braid tucked into his shirt or in a bun on top of his head were insufficient and offend a sincere religious belief held by the boy and his family.

Judge Jolly dissenting argued that the only religious requirement the boy put forward was that he must be allowed to wear his hair uncut, and the alternatives proposed by the school allowed him to do so. The added requirement that his long hair be visible, argued Judge Jolly, was “confected” by the majority “entirely on its own.” (See prior related posting.) [Thanks to Eugene Volokh via Religionlaw for the lead.]

New Louisiana Law Gives Churches Option To Permit Concealed Carry of Handguns

ABP reports that on July 6 Louisiana Governor Bobby Jindal signed into law HB 1272 which repeals the total ban on carrying concealed handguns in churches and other houses of worship. Instead the new law which will take effect next month permits congregations to authorize those who hold valid concealed carry permits to bring their weapons into the church, synagogue or mosque. However the congregation must mandate an additional 8 hours of tactical training for anyone who will bring in a concealed handgun. The new law also provides that if the congregation authorizes concealed carry, the pastor, priest, minister or other authority must inform the congregation. This provision presumably has two interesting effects. First it requires that everyone in the congregation know that others may be armed. Second, because the law provides that the decision to permit concealed carry is to be made by the "entity which ... has authority over the administration of a church, synagogue or mosque," the law presumably requires that when a congregational board of trustees approves, a dissenting clergyman may not refuse to publicize the action.