6th Circuit Upholds Trademark Infringement Claims By Seventh Day Adventist Church

In General Conference Corporation of Seventh Day Adventists v. McGill, (6th Cir., Aug. 10, 2010), the U.S. 6th Circuit Court of Appeals rejected efforts by defendant to obtain dismissal of various trademark infringement claims against him brought by two Seventh Day Adventist organizations. Defendant broke away from the Seventh Day Adventist Church and began his own congregation (which has 3 members). He called the new religious organization the Creation Seventh Day & Adventist Church. Defendant believed he was divinely mandated to use the Seventh Day Adventist name. The court refused to carve out a new exception under trademark law for disputes involving religious use of intellectual religious property. It also rejected defendant's claim that the Religious Freedom Restoration Act applies to the case, holding that RFRA applies only in suits against the government. It also agreed with the district court that the "Seventh Day Adventist" trademark is valid and that defendant's use of the mark is likely to cause confusion among the public. (See prior related posting.)

Imperial County Appeals Proposition 8 Ruling To 9th Circuit

Imperial County, California on Tuesday filed an appeal in Perry v. Schwarzenegger, the ruling invalidating California's Proposition 8 banning gay marriage. (See prior posting.)  The County Board of Supervisors voted 4-1 to authorize the appeal. Voters in the county approved  Proposition 8 by a large majority. The district court had refused to allow Imperial County to intervene at the trial level. The appeal is being handled for the county by Advocates for Faith and Freedom, a law firm dedicated to protecting religious liberty.

Egypt Suspends Daylight Savings Time For Ramadan

NPR reports that the Egyptian government is suspending daylight savings time beginning today for the month of Ramadan.  When Ramadan is over, daylight savings time will be reinstituted.  The government's action allows Muslims to break the Ramadan fast an hour earlier than otherwise-- though it begins an hour earlier the evening before. Apparently Egypt is the only country creating a special Ramadan time zone.

Iowa County Raises Fines On Mennonites' Steel Wheel Tractors

Today's Des Moines Register reports that in Mitchell County, Iowa, the county's battle with Old Order Groffdale Mennonites continues. (See prior posting.) The county Board of Supervisors yesterday approved higher fines for driving tractors with steel-studded wheels on county roads while the constitutionality of such bans are still working their way through the courts. The county disputes whether driving tractors with steel wheels is really a protected religious practice, while the Mennonites claim that their vehicles do little damage to the roads. The new ordinance creates minimum fines-- $250 for the first offense-- to counteract the nominal fines that courts have been imposing. During debate on the ordinance, county supervisors kept raising the Biblical command against stealing, accusing the Mennonites of stealing from taxpayers by damaging county roads.

Rifqa Bary Turns 18 and Is Released From State's Child Custody

AP reports that Rifqa Bary, the teenager who ran away from her parents' home in Ohio claiming her father threatened her life for converting from Islam to Christianity, turned 18 yesterday and was released from state children's services custody by an Ohio juvenile court. Angela Lloyd, one of Rifqa's attorneys, said: "She looks forward to preaching the word to all the nations — and those are her words." However, Rifqa's parents, who have denied her claims and sought her return to their custody, said in a statement: "The sad reality is that when our daughter's usefulness has been used for the political agenda of xenophobia and religious bigotry, when they have moved on to other ways of putting Islam and immigrants on trial, then they will not care about Rifqa Bary anymore." Her parents also defended their unsuccessful attempt to get Rifqa to undergo chemotherapy treatment following successful surgery for uterine cancer this summer. (See prior posting.) They said that if Rifqa dies, "the responsibility will fall on her attorneys and all the religious fanatics encouraging her to ignore her doctor's orders." Last week the Ohio court ruled that reconciliation with her parents was not possible before Rifqa turned 18, and permitted her to apply for a special immigration status for underage illegal immigrants in order to avoid deportation to Sri Lanka.

Meanwhile, in an interview with the Orlando Sentinel yesterday, Rifqa's father said of his daughter: "We love her. We want the best for her." He says two weeks ago Rifqa sent her parents a video, along with candy and music, telling her parents she loved them. She has also sent them letters.

Tajik City Bans Call To Prayer Via Loud Speakers

Radio Free Europe yesterday reported that as Ramadan is about to begin around the world today and tomorrow, officials in the northern Tajikistan city of Panjakent have banned the adhan (the Muslim call to prayer) being transmitted through loud speakers. They say such broadcasts can cause confusion and disturb the peace. The population of Tajikistan is 98% Muslim. (Background).

Minister Arrested For Picketing HIgh School Over "Demon" Mascot

In Warner Robins, Georgia, police Monday arrested Pastor Donald Crosby for leading a group of picketers outside Warner Robins High School without a permit. He was also charged with disorderly conduct for his response when he was asked to leave. Crosby was protesting the high school's mascot, the Demon. According to 13WMAZ News, Crosby argues he was standing up for Jesus, saying "Demons aren't lazy, Christians are." Crosby says he has legal custody of a 15 year old who is in that school district, and he doesn't want him exposed to the evil connotations of the mascot's name. Crosby, who is pastor of Kingdom Builders Church of Jesus Christ in Macon started a petition last month to have the Demon removed as school mascot.  Police say they tried to work with Crosby so he could get a picketing permit, but he refused.

School officials say the mascot was adopted in World War II in order to honor the 7th fighter squadron at Robins Air Force Base that earned the name, the "Screamin Demons."  But Crosby is not convinced. (13WMAZ News). Meanwhile a pro-mascot petition (full text) has also begun circulating online. (13WMAZ News report). The petition reads in part:

They took DIXIE (the marching band theme song) from us don't let them have our mascot too...Once a DEMON ALWAYS A DEMON!!!! It's tradition, school pride, unity! It's not abomination against God. A mascot is supposed to be intimidating toward the opponent. What's more intimidating than a demon...? Looking at the mascot is not evil, it was not meant to be evil. It was adopted in honor of group of soldiers in the Air Force during WW2. This is an Air Force town that we live in. Chanting "Go Demons" does not invoke demonic creatures from the underworld to come so we can worship them. It is simple a way to let our young sportsmen and women know that we are supporting them in their endeavors.

Kentucky Lawsuit Seeking To Hold Vatican On Priest Abuse Is Dropped By Plaintiffs

Today's Washington Post reports that plaintiffs in O'Bryan v. Holy See have filed a motion with a Kentucky federal district court asking that their lawsuit be dismissed. The three plaintiffs in the case had sought to hold the Vatican liable for their abuse by priests and had hoped to depose Pope Benedict XVI in the case. Plaintiffs' lawyers say, however, that the court's holding that the Vatican had sovereign immunity on all claims except for respondeat superior claims regarding supervision of abusive priests limits plaintiffs' ability to proceed. (See prior posting.) One of the plaintiffs has been part of a settlement against the Louisville archdiocese. The supervising bishops involved in the cases of the other two plaintiffs have died so that further discovery about their actions is not practical. Lawyers have failed to turn up other plaintiffs who have not settled their abuse claims and are willing to come forward. In May, the Vatican filed extensive motions to dismiss based both on statute of limitations and respondeat superior grounds. (See prior posting.)

Christian School In California Fires Catholic Employees For Inconsistent Beliefs

Yesterday's Riverside (CA) Press-Enterprise reports that a Christian school in Corona (CA) has fired four teachers and seven other employees-- most of whom are Catholic-- because their religious beliefs do not coincide with those of Crossroads Christian Church that sponsors the 583- student school. Some of the dismissed employees had been with the school as long as 22 years. The school opened in 1979, but the Church did not begin to strictly enforce its requirements that employees attend a "Bible-believing church" until last year.  Senior pastor of the Crossroads Church says Catholic beliefs such as praying to saints and the belief that the in communion the wafer and wine become the body and blood of Jesus are inconsistent with those of Crossroads. Also most of the dismissed employees had not undergone baptism by full body immersion, the only form seen as valid by Crossroads. Experts disagree over whether the firings violate anti-discrimination laws.

Teacher At Muslim University In India Excused From Burqa Requirement

In India, a teacher at Aliah University, West Bengal's first Muslim University, has won her battle to teach without wearing a burqa.  Indian Express reports today that the West Bengal Students' Union had told all teachers to wear burqas to class, but Sirin Middya refused and for three months has not been able to hold class. However on Monday the university administration asked Middya to resume teaching and assured her she would not face problems for not wearing a burqa. The student union agreed that she could resume teaching so long as whatever she wore was "decent." It accused her of "creating an issue" through the media, where none existed.

Morocco Closes Over 1200 Mosques For Safety Reasons

Authorities in Morocco have ordered the complete closure of 1,256 mosques and the partial closure of 416 others for safety reasons.  AFP today reports that the government inspected 19,205 mosques after the collapse of a minaret in February killed 41 and injured 76. The government has set aside $325 million for mosque improvements. 513 mosques will be demolished and rebuilt. Morocco has a total of nearly 48,000 mosques.

DC Circuit Strikes Down National Park Speech Permit Rules

In Boardley v. United States Department of the Interior, (DC Cir., Aug. 6, 2010), the D.C. Circuit Court of Appeals struck down as unconstitutionally overbroad on their face requirements that individuals and small groups obtain a permit before engaging in expressive activities in national parks, even in designated free speech areas. The regulations apply to both public assemblies and distribution of written materials. The lawsuit was filed by a Christian activist who, along with his associates, was stopped from distributing gospel tracts without a permit at the Mt. Rushmore National Memorial. The court left open the possibility that the government can rewrite the rules to make them applicable only to large groups. Fox News yesterday reported on the decision. (See prior related posting.)

New York MTA Accepts Controversial Anti-Mosque Ad After Lawsuit Is Filed

After a lawsuit was filed on Friday, the New York Metropolitan Transit Authority agreed to permit a banner ad on its buses, sponsored by the American Freedom Defense Initiative opposing the proposed mosque and Islamic center near Ground Zero. (Press release from David Yerushalmi law firm). The ad (photo) reads "Why There?",  and equates the"WTC Jihad Attack" with "WTC Mega Mosque". The federal lawsuit (full text of complaint in American Freedom Defense Initiative v. Metropolitan Transit Authority, (SD NY, Aug. 6, 2010), alleges that MTA's objections to the ad for equating the proposed mosque with the 9-11 attack amount to content- and viewpoint-based censorship in violation of the First Amendment and the Equal Protection Clause. The complaint includes examples of other controversial religious and political ads accepted by MTA. Exhibits to the complaint also show various amended versions of the ad submitted during negotiations with MTA-- each changing the way in which the Twin Towers and the plane attack on them are depicted.

Consent Order Allows Kosher Slaughtering To Continue In New Zealand While Suit Is Pending

In New Zealand where the Jewish community has filed suit challenging the government's refusal to exempt kosher slaughtering from a new Animal Welfare Slaughter Code that requires animals be stunned before being killed (see prior posting), the parties have agreed to allow kosher slaughtering to continue while the litigation is pending. NZPA (via Voxy.co.nz) reports that a consent order was issued today by the High Court at Wellington requiring a temporary exemption for kosher slaughtering until the case is decided next year.

Baha'i Leaders In Iran Sentenced To 20 Years

CNN reported yesterday that in Iran, according to the Baha'i International Community, seven top Baha'i leaders who were arrested in 2008 and held without charges have now each been sentenced to 20 years in prison.  During the trial, the accused had only about one hour's access to counsel. Among the charges eventually filed against the leaders were espionage, propaganda activities against the Islamic order, and the establishment of an illegal administration. An appeal of the sentences is being undertaken. Baha'i is Iran's largest non-Muslim minority, and members of the Baha'i faith have traditionally been discriminated against by the government in their religious exercise and in their access to public services.

UAE Islamic Authority Says Workers Can Break Ramadan Fast To Avoid Heat-Related Health Problems

Ramadan begins this week. AFP reports that in the United Arab Emirates, the General Authority for Islamic Affairs and Endowments has issued a ruling that workers facing high heat and humidity can break their Ramadan fast before sundown to avoid health problems. The fatwa says this only applies if the worker starts the day fasting.

Recent Articles of Interest

From SSRN:

• David B. Owens, No Bueno, Buono: An Essay on Salazar v. Buono and Establishment Clause Remedies, (June 7, 2010).
• Rony Guldmann, Beyond the Jurisprudence of Politeness: On the Relativity of Religious Neutrality, (July 20, 2010).
• Ori Aronson, Out of Many: Military Commissions, Religious Tribunals, and the Democratic Virtues of Court Specialization, (Virginia Journal of International Law, Vol. 52, No. 2, 2010).
• Timur Kuran & Scott Lustig, Judicial Biases in the Ottoman Empire: The Roles of Inter-Court Competition and Personal Exchange, (Economic Research Initiatives at Duke, July 22, 2010).
• Mark L. Movsesian, Fiqh and Canons: Reflections on Islamic and Christian Jurisprudence, (Seton Hall Law Review, Forthcoming).
• Ian T. Benson, Living Together with Disagreement: Pluralism, the Secular, and the Fair Treatment of Beliefs in Canada Today, (The Ronning Centre Forums II, 2010).
• Ian T. Benson, Is Canada Moving Towards or Away from Religious Inclusivity in the Public Sphere?, (Religion in the Public Square in Canada Conference, 2010).
• Ming Chen, Alienated: A Reworking of the Racialization Thesis after September 11th, (American University Journal of Gender, Social Policy & the Law, Vol. 18, No. 3, p. 101, 2010).
• Shannon Weeks McCormack, Taking the Good with the Bad: Recognizing the Negative Externalities Created by Charities and Their Implications for the Charitable Deduction, (Arizona Law Review, Forthcoming).

From SmartCILP:

• David A. Harris, Law Enforcement and Intelligence Gathering in Muslim and Immigrant Communities After 9/11, 34 N.Y.U. Review of Law & Social Change 123-190 (2010).
• Adam H. Koblenz, Jewish Women Under Siege: The Fight for Survival on the Front Lines of Love and the Law, 9 University of Maryland Law Journal of Race, Religion, Gender & Class 259-301 (2009).
• Steven Menashi, Toward a "More Enlightened and Tolerant View": Educational Choice and the Regulation of Religious Institutions, 66 N.Y.U. Annual Survey of American Law 31-74 (2010).

NYT Reviews Growing Opposition To Mosque Projects Around the Country

Today's New York Times carries a front-page story titled Across Nation, Mosque Projects Meet Opposition. The article observes:

In all of the recent conflicts, opponents have said their problem is Islam itself. They quote passages from the Koran and argue that even the most Americanized Muslim secretly wants to replace the Constitution with Islamic Shariah law.

These local skirmishes make clear that there is now widespread debate about whether the best way to uphold America’s democratic values is to allow Muslims the same religious freedom enjoyed by other Americans, or to pull away the welcome mat from a faith seen as a singular threat.

Illustrating this type of attitude, the Times quotes Diana Serafin, a recently unemployed grandmother who attends Tea Party events, who is part of the opposition to an Islamic center project in Temecula, California:

As a mother and a grandmother, I worry. I learned that in 20 years with the rate of the birth population, we will be overtaken by Islam, and their goal is to get people in Congress and the Supreme Court to see that Shariah is implemented. My children and grandchildren will have to live under that.

I do believe everybody has a right to freedom of religion,” she said. “But Islam is not about a religion. It’s a political government, and it’s 100 percent against our Constitution.

However at a recent rally rally in Temecula, supporters of the mosque outnumbered protesters.

California School District Backed In Offering Bible As Literature and History Course

One News Now reports that church members, students, parents and residents from the surrounding cities packed the room in which the board of the Chino Valley Unified School District met last Thursday to support the decision the Board reached last month (One News Now, 7/5) to offer an elective  course in Bible as/in Literature and History in district high schools. The class is authorized in all four of the district's high schools and funds have been donated to cover the cost of the course. School board Vice President James Na at Thursday's meeting said: "[The Bible] will bring greatness in students' lives. I would like to thank God and Christian parents who are going to support this class." A few parents at Thursday's meeting argued that the class was unconstitutional, but board member Na said they misunderstand the class. It will not indoctrinate their children.

Recent Prisoner and Institutionalized Persons Free Exercise Cases

In Ward v. Rabideau, 2010 U.S. Dist. LEXIS 77535 (WD NY, July 30, 2010), a New York federal district judge held that Jewish prisoners had raised material factual issues that preclude summary judgment of defendants on their complaint that inedible and improperly prepared food was served to inmates at Groveland Correctional Facility requesting a kosher diet. Also it held that while provision of a Jewish chaplain is not required if there is an alternative means of worship, here that condition was not met because authorities prevented Jewish inmates from having materials needed for their worship.

In Marzuq v. Albino, 2010 U.S. Dist. LEXIS 77509 (D NJ, July 29, 2010), a New Jersey federal district court dismissed an inmate's Free Exercise complaint with leave to file an amended complaint. Plaintiff claimed he was required to participate in a therapeutic community in violation of his religious beliefs for refusing to participate by having his classification status increased. However he failed to allege what religion he practices or how his beliefs were violated. His retaliation and conspiracy claims were also dismissed.

In Shiple v. Beck, 2010 U.S. Dist. LEXIS 78236 (ND OH, Aug. 2, 2010), an Ohio federal district court rejected an inmate's claim that his free exercise right were violated when a restriction on his commissary rights precluded him from buying reading glasses he needed to read his Bible.

In Alford v. Knight, 2010 U.S. Dist. LEXIS 78607 (ED NC, March 15, 2010), a North Carolina federal magistrate judge permitted plaintiff to proceed in forma pauperis with his claim that while he was residing at a Veterans Center, he was forced to participate in religious activities. He alleges he was required to sit through religious services, was punished for closing his eyes during services and refusing to comment or write religious essays.
In Damron v. Sims, 2010 U.S. Dist. LEXIS 78955 (SD OH, Aug. 5, 2010), and Ohio federal magistrate judge recommended denial of a summary judgment request that the court order accommodation of various Christian Separatist religious practices.

In Kramer v. Wisconsin Department of Corrections, 2010 U.S. Dist. LEXIS 78777 (WD WI, Aug. 3, 2010), a Wisconsin federal district court permitted an inmate to add an establishment clause claim in his lawsuit challenging a refusal of his request for certain religious items and seeking group worship with other Odinists.

In Dempsey v. Cain, 2010 U.S. Dist. LEXIS 78965 (MD LA, Aug. 4, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 78977, July 8, 2010) and dismissed a claim by an inmate that he was deprived of his Bible and other religious materials for several months. The court concluded that the deprivation did not create a substantial burden on plaintiff's free exercise because it did not force him to significantly change his religious behavior or beliefs.