Youth Pastor Can Proselytize In California Mall

In Snatchco v. Westfield LLC, (CA Ct. App., Aug. 11, 2010), a California appellate court upheld the right of a youth pastor to approach shopping mall patrons to talk with them about religion. Unlike the federal constitution, free speech protections under California's state constitution extend to activity at privately owned shopping malls. The court held that regulations of Westfield's Galleria mall in Roseville are content-based rules that do not withstand strict scrutiny. They prohibit expressive activity not sponsored by or related to the mall or stores in the mall, unless they have been approved in advance by the mall. The court concluded that: "providing a 'stress-free shopping atmosphere' for patrons is not a compelling interest compared to the free speech rights of other individuals at the mall." It found the mall rules to be vague and overbroad and not narrowly tailored even for purposes of intermediate scrutiny.

Suit On Behalf of Monks Challenges Louisiana's Regulation of Funeral Industry

The Institute for Justice announced that yesterday it filed a lawsuit in federal district court in Louisiana on behalf of Saint Joseph Abbey of St. Benedict, Louisiana, to vindicate the right of the monks to make and sell their plain wooden caskets. When the monks opened St. Joseph's Woodworks in 2007, they were immediately warned by the State Board of Embalmers and Funeral Directors that they faced possible fines, jail time and a lawsuit for an injunction. Louisiana Code, RS 37:831(35) defines the business of funeral directing as including any retail sale of caskets. According to Institute for Justice:

Under Louisiana law, it is a crime for anyone but a licensed funeral director to sell “funeral merchandise,” which includes caskets. To sell caskets legally, the monks would have to apprentice at a licensed funeral home for one year, learn unnecessary skills, and pass a funeral industry test. They would also have to convert their monastery into a “funeral establishment” by, among other things, installing equipment for embalming human remains.

Viewing this as an economic liberty issue, Institute for Justice claims that the rules support a cartel of licensed funeral directors who have lobbied the legislature to obtain a lucrative monopoly. Andrew Breitbart also blogs on the case.

Russian Dairy Will Enforce Religious Rules On Employees-- Church Weddings and No Abortions

In Russia, the head of a prominent dairy company says he will fire any employee who refuses to be married in Russian Orthodox Church ceremonies, and will also fire any female employee who has had an abortion.  Reuters, in a report in today's Toronto Sun, quotes the president of Russkoye Moloko, Vasily Boiko-Veliky, who says his company-- with 6000 employees-- was created to promote the Orthodox revival in Russia. The company's milk products, sold in many Moscow supermarkets, are promoted as "ecologically safe." Boiko-Veliky says current married employees have until Oct. 14 to have a Church ceremony, while new employees who are married will have three months to get a Church wedding. As for women who have had abortions, Boiko-Veliky says: "We don’t want to work with killers." Critics say the company's rules violate Russia's constitution and labor laws.

RFRA Defense To Forest Service Permit Requirements For Large Groups Rejected

In a case decided several weeks ago, but which has just become available on LEXIS, a Colorado federal district court rejected a defense under the Religious Freedom Restoration Act to charges of violating U.S. Forest Service regulations requiring a permit for groups of more than 75 individuals on Forest Service land.  United States v. Sowka, 2010 U.S. Dist. LEXIS 80735 (D CO, June 23, 2010), involved conviction and a fine imposed on a member of the Rainbow Family of Living Light. The group gathers annually in undeveloped areas of National Forests to hold a prayer circle for peace and healing of the earth, and to discuss environmental and other issues. Gatherings held around July 4 typically attract thousands. This case grew out of the 2006 gathering at Routt National Forest in Colorado with some 10,000 in attendance. The court rejected defendant's argument that obtaining a permit violates Rainbow Family's religious belief that no individual can speak for the group as a whole. The court concluded that the regulations do not impose a substantial burden on defendant's exercise of religion, and that even if they do, the regulations are the least restrictive means of furthering the government's compelling interest in protecting resources as well as public health and safety. (See prior related posting.)

Suit Seeks Return of State Tourism Grant To Restore Bald Knob Cross

Activist Rob Sherman yesterday filed a lawsuit in an Illinois federal district court seeking to force Friends of the Cross to return to the Illinois Department of Commerce and Economic Opportunity a $20,000 grant it received to replace and install the exterior panels on the 11-foot high Bald Knob Cross in the Ozarks in southern Illinois.(Posting on Sherman's website; AP report). The complaint (full text) in Sherman v. State of Illinois, (CD IL, filed 8/12/2010), contends that the grant violates the federal Establishment Clause as well as Illinois Constitution's Art. I, Sec. 3 (religious freedom) and Art. X, Sec. 3 (no public funds for sectarian purposes). The grant was awarded as part of the state's efforts to promote tourism. (See prior posting).

Court Denies Stay of Prop 8 Decision But Delays Order 6-Days To Allow Appeal

A California federal district court today rejected a motion for a stay pending completion of an appeal of the court's order enjoining enforcement of California's Proposition 8 banning same-sex marriage. (See prior posting.) However the district court did grant a stay until 5:00 p.m. August 18 to permit an appeal on the issue of a stay to the 9th Circuit. In Perry v. Schwarzenegger, (ND CA, Aug. 12, 2010), the district court concluded that none of four factors normally considered in granting a stay weigh in favor of proponents. Those factors are:

(1) whether proponents have made a strong showing that they are likely to succeed on the merits; (2) whether proponents will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) whether the stay is in the public interest. 

The city and county of San Francisco, California's governor and its attorney general all opposed a stay. Only the intervenors, who organized the campaign in support of Proposition 8, favored a stay. Focusing on the likelihood of success, Judge Vaughn Walker wrote:

Because proponents filed their motion to stay before the court issued its findings of fact and conclusions of law, proponents do not in their memorandum discuss the likelihood of their success with reference to the court’s conclusions. Neither do proponents discuss whether the court of appeals would have jurisdiction to reach the merits of their appeal absent an appeal by a state defendant.... If, however, no state defendant appeals, proponents will need to show standing in the court of appeals.... Proponents’ intervention in the district court does not provide them with standing to appeal.... The Supreme Court has expressed “grave doubts” whether initiative proponents have independent Article III standing to defend the constitutionality of the initiative. Arizonans for Official English [v. Arizona], 520 US at 67.

The Los Angeles Times reports on the decision and says that the Proponents will appeal immediately to the 9th Circuit.

Russia Refuses To Recognize US Court Order On Return of Jewish Book Collection

According to Interfax today, Russia's Ministry of Foreign Affairs is refusing to comply with an order issued last month by a United Stated federal court requiring the Russian government return a library and archive of Jewish books and manuscripts to the Chabad movement in the United States. (See prior posting.) The Ministry's statement said in part:

The Schneerson library has never belonged to Chabad. It never left Russia and was nationalized because there were no legal heirs in the Schneerson family.... On the contrary, it is American Hasids who must return to Russia seven books from the same collection that they lent from the Russian State Library in 1994 through the U.S. Congress library for two months and have withheld illegally for 16 years now.... Unfortunately, the U.S. judge made an unlawful decision, which cannot be enforced in Russia.... There is no agreement between Russia and the U.S. on mutual recognition and enforcement of civil judgments.

The Ministry's statement said that Russian courts are open to the American Hasidic group to assert its claims.

Imam Leading Efforts To Build Ground Zero Mosque Will Be State Department Speaker In Middle East

At Tuesday's State Department daily press briefing (full text), Assistant Secretary Philip Crowley discussed the travel of Imam Feisal Abdul Rauf, leader of the group planning to build the controversial mosque near Ground Zero in New York City, as part of the State Department's International Information Program.  On the government-sponsored trip, Feisal will visit Qatar, Bahrain, and the UAE to discuss Muslim life and religious tolerance in the United States. The Department sends some 1200 speakers a year overseas on all sorts of topics. Last year 52 of the programs focused on religious tolerance in the U.S. This is Imam Feisal's third trip under the program since 2007. Crowley said that Feisal's "work on tolerance and religious diversity is well-known and he brings a moderate perspective to foreign audiences on what it’s like to be a practicing Muslim in the United States." The State Department bans its speakers from engaging in fund raising on State Department trips. Crowley insisted that the Administration has not taken a position on the proposed Islamic Center near Ground Zero, but it did post the remarks on religious tolerance delivered by Mayor Michael Bloomberg (see prior posting) on a State Department website aimed at foreign audiences. (See prior posting.)

White House Issues Greetings On Start of Ramadan

President Obama yesterday issued a statement (full text) extending best wishes to Muslims in the United States and around the world on the occasion of the start of Ramadan. He said that Ramadan rituals "remind us of the principles that we hold in common, and Islam’s role in advancing justice, progress, tolerance, and the dignity of all human beings. Ramadan is a celebration of a faith known for great diversity and racial equality. And here in the United States, Ramadan is a reminder that Islam has always been part of America and that American Muslims have made extraordinary contributions to our country."  The President said he would host an Iftar dinner celebrating Ramadan later this week at the White House.

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.