Ministerial Exception Applies Regardless of Employees Subjective Intent

In Green v. Concordia University, 2010 U.S. Dist. LEXIS 94168 (D OR, Sept. 8, 2010), adopting a federal magistrate's recommendations (2010 U.S. Dist. LEXIS 94176, June 23, 2010), an Oregon federal district court held that the ministerial exception requires dismissal of a of plaintiff's claim that she was improperly denied admission on the basis of her age and other factors to the Director of Christian Education program of Concordia University, a Christian liberal arts university.  The court held that the university's decision was based on criteria that are largely religious.  It rejected plaintiff's argument that the ministerial exception did not apply to her Age Discrimination in Employment Claim because she intended to use her DCE certification to teach in public schools. Subjective intent of the employee is not the test. Instead the focus is on the characteristics of the position.

Recent Articles of Interest

From SSRN:

• Kevin J. Worthen, The NCAA and Religion: Insights About Non-State Governance from Sunday Play and End Zone Celebrations, (Utah Law Review, Vol. 2010, pp. 123-140).
• Michael W. McConnell, Schism, Plague, and Late Rites in the French Quarter: The Strange Story Behind the Supreme Court’s First Free Exercise Case, (September 10, 2010).

From Bepress:

• Elimelech Westreich, Family Law and the Challenge of Modernity: Debate about Levirate Marriage among Moroccan Sages, (Tel Aviv University Legal Working Paper Series. Tel Aviv University Law Faculty Papers. Working Paper 121, Aug. 2010).

From SmartCILP:

• Onder Bakircioglu, A Socio-legal Analysis of the Concept of Jihad [Abstract], 59 International & Comparative Law Quarterly 413-440 (2010).
• Debbie N. Kaminer, Religious Conduct and the Immutability Requirement: Title VII's Failure to Protect Religious Employees in the Workplace, 17 Virginia Journal of Social Policy & Law 453-485 (2010).
• Christian Realism and Public Life: Catholic and Protestant Perspectives. Articles by Victor C. Romero, Susan J. Stabile and Richard M. Esenberg. 7 University of St. Thomas Law Journal 310-401 (2010).
• Journal of Law and Religion, Vol 25, No. 3 (2009-10) has recently been published.

Recent Prisoner Free Exercise Cases

In Beebe v. Birkett, 2010 U.S. Dist. LEXIS 91690 (ED MI, Sept. 3, 2010), a Michigan federal district court, adopting a magistrate's recommendations, dismissed several claims by a Jewish prisoner, but allowed him to move ahead with a portion of his as-applied challenge to the prison's kosher meal policy. UPDATE: The magistrate's recommendation is at 2010 U.S. Dist. LEXIS 98186, Feb. 22 2010.


In Maier v. Wilson, 2010 U.S. Dist. LEXIS 92732 (D MT, Sept. 7, 2010), a Montana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 92848, Aug. 5, 2010) and held that plaintiff suffered no injury from the prison's failure to post a list of disallowed religious books; that neither having to choose between going to his prison job or weekly Wicca services nor the prison's restrictions on tarot cards imposed a substantial burden on plaintiff's free exercise; that plaintiff was given adequate opportunity to practice his Wicca religion; and that treatment of Native Americans did not create an Establishment Clause or equal protection violation.


In Roberts v. Shearin, 2010 U.S. Dist. LEXIS 92512 (D MD, Sept. 7, 2010), a Maryland federal district court dismissed an inmate's complaint that his free exercise rights were violated by a temporary ban on inmates receiving hard bound books, including religious books. It dismissed his complaint that he was not permitted to practice his religion of Kinteic Science because he had not taken any steps to have his religion and his requested accommodation recognized.


Mintun v. Peterson, 2010 U.S. Dist. LEXIS 92489 (D ID, Sept. 3, 2010), involved a complaint by a Christian inmate who was gay about the anti-gay environment in the non-denominational fellowship service. He was barred by officials from attending that service while his complaints were investigated and was refused the right to create a separate service for gay Christians. The court dismissed the complaint, holding narrowly that plaintiff had not shown that other eight available Christian religious services were inadequate or that other inmates would attend a service for gay Christians.


In Verducci v. Marsh, 2010 U.S. Dist. LEXIS 92712 (ED CA, Aug. 17, 2010), a California federal magistrate judge dismissed, with leave to file a more specific amended complaint, a county jail detainee's complaint that he was denied access to Jewish religious services, Jewish reading material and a kosher diet.


In Hankins v. Pennsylvania, 2010 U.S. Dist. LEXIS 92743 (WD PA, Sept. 7, 2010), a Pennsylvania federal district court adopted a magistrate's recommendations (Hankins v. Beard, 2010 U.S. Dist. LEXIS 92864, July 29, 2010) and refused to dismiss an inmate's complaint that while confined in county jail he was not provided a religious representative and could not keep religious materials in his cell.


In Crump v. Prelesnik, 2010 U.S. Dist. LEXIS 93178 (WD MI, Sept. 8, 2010), plaintiff alleged that prison authorities infringed his religious rights in a number of ways through retaliatory actions. These included a cell search that left his Qur'an and prayer rug face down on a muddy floor; requiring him to roll down and drag his pants in violation of a religioius prohibition; and delaying plaintiff's request for hygiene items that caused him to be unclean for his daily prayers. These retaliation claims are apparently among those that a Michigan federal district court permitted plaintiff to continue to pursue.


In Adkins v. Cabell, 2010 U.S. Dist. LEXIS 93290 (SD WV, Sept. 7, 2010), a West Virginia federal district court adopted a magistrate's recommendations and dismissed a complaint by a Native American prisoner claiming verbal abuse and harassment over the practice of his religion, as well as a claim of physical abuse as retaliation for suing.


In Waff v. Reisch, 2010 U.S. Dist. LEXIS 93012 (D SD, Sept. 7, 2010), a South Dakota federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 93101, July 30, 2010), and dismissed an inmate's complaint that his religious rights were infringed when he was temporarily taken off the kosher diet plan for taking non-kosher food from another inmate's tray and buying non-kosher food from the commissary. Any claim for injunctive relief is now moot because the sanction policy has been changed. Claims for damages against the state are barred by the 11th Amendment. And plaintiff failed to show how the requirement that he again fill our the "request for religious diet" form violates his rights.


In Holliman v. Paquin, 2010 U.S. Dist. LEXIS 93747 (WD WI, Sept. 7, 2010), a Wisconsin federal district court required an inmate to separate his religious infringement claims into a separate lawsuit from unrelated retaliation claims.  Plaintiff alleged establishment clause claims relating to religious symbols in the prison and use of a state employee to lead Christian Bible study.  Plaintiff's free exercise claims challenged forcing Muslims to pray in a room with religious symbols and staff walking through Jumu'ah services.

Potential Witnesses In Canadian Polygamy Challenge Seek Anonymity

In Canada last year, British Columbia's Attorney General asked the province's Supreme Court to rule on whether its anti-polygamy law is consistent with Canada's Charter of Rights and Freedom.  The move came after unsuccessful attempts to prosecute two FLDS Church leaders. (See prior posting.) Now, according to the Winnipeg Free Press, a bishop of the FLDS Church has filed a motion with the Supreme Court seeking protection from prosecution for FLDS members in polygamous relationships that testify in the case. Lawyer Robert Wickett who represents the bishop says that testimony by people who have led meaningful lives in a polygamous community is essential to counter affidavits by former FLDS members detailing the harm that flows from polygamy. But the FLDS members want to use pseudonyms and sit behind screens when they testify, or testify by teleconference, to protect them from identification for future prosecution. The government says this would make it more difficult to cross examine the witnesses.

South African Court Bars Bible Burning Counterprotest

Spero News reports that on Friday, a South African judge barred a South African businessman and law student,  Mohammed Vawda, from organizing a Bible burning day to protest the then-planned Quran burning by Rev. Terry Jones in Florida. The South African lawsuit was filed by an Islamic intellectual organization know as The Scholars of Truth. Plaintiffs convinced South Gautneg High Court, Judge Sita Kolbethat the planned Bible burning would be insulting to all religions. Defendant Vawda said that now he had been "enlightened by the judge who said that by burning the Bible, I am also burning the Qur’an because we share the same prophets."

High Schooler Says Nose Stud Is Religious Expression

In Johnston County, North Carolina, Clayton High School freshman Ariana Iacono is in a fight with school officials over the school's dress code. The student, who along with her mother is a member of the Church of Body Modification says her wearing a nose stud is an expression of her religious beliefs. WTVD News reported Friday that that a minister of the church, Richard Ivey, explains: "We believe that the mind body soul are all one entity and that by modifying the body, you can bring the mind and soul into harmony." Student Iacono says the nose stud helps her self esteem after years of abuse. However apparently the school district's lawyer has concluded that the nose stud is not a necessary part of Iacono's religion.

Today Is 60th Anniversary of JFK's Speech Dispelling Concern Over Catholic As President

Today is the 60th anniversary of the historic speech (full text and audio) by then presidential candidate John F. Kennedy to the Greater Houston Ministerial Association aimed at dispelling concerns about a Catholic becoming President. Here are a few excerpts:

I believe in an America where the separation of church and state is absolute--where no Catholic prelate would tell the President (should he be Catholic) how to act, and no Protestant minister would tell his parishoners for whom to vote--where no church or church school is granted any public funds or political preference--and where no man is denied public office merely because his religion differs from the President who might appoint him or the people who might elect him....

Whatever issue may come before me as President--on birth control, divorce, censorship, gambling or any other subject--I will make my decision in accordance with these views, in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates. And no power or threat of punishment could cause me to decide otherwise.

But if the time should ever come--and I do not concede any conflict to be even remotely possible--when my office would require me to either violate my conscience or violate the national interest, then I would resign the office; and I hope any conscientious public servant would do the same.

But I do not intend to apologize for these views to my critics of either Catholic or Protestant faith--nor do I intend to disavow either my views or my church in order to win this election.

If I should lose on the real issues, I shall return to my seat in the Senate, satisfied that I had tried my best and was fairly judged. But if this election is decided on the basis that 40 million Americans lost their chance of being President on the day they were baptized, then it is the whole nation that will be the loser, in the eyes of Catholics and non-Catholics around the world, in the eyes of history, and in the eyes of our own people.

Fred Schwartz writes in yesterday's National Review on the background and impact of the speech. Meanwhile, former Pennsylvania Senator Rick Santorum, speaking last Thursday at the University of St. Thomas in Houston (full text of remarks), delivered a rare criticism of Kennedy's historic speech, arguing that "Kennedy chose not just to dispel fear, he chose to expel faith."

Appellate Court Grants Temporary Stay of Injunction Against Stem Cell Guidelines

On Thursday, the Court of Appeals for the D.C. Circuit granted a temporary stay (full text of order) of a district court order that had enjoined the Department of Health and Human Services from applying the Obama administration's guidelines expanding the availability of grants for embryonic stem cell research. (See prior posting.)  The court called for completion of briefing by the parties on the merits of a motion to stay the district court's injunction by Sept. 20.  Meanwhile, according to Science Insider, the NIH is expediting grant applications hoping to be able to disburse funds for 24 ongoing grants up for renewal in September and for 20 grant proposals that had passed the first stage of peer review, all before the Sept. 20 deadline that could bring reinstatement of the injunction. Meanwhile on Thursday, plaintiffs challenging the guidelines filed a motion for summary judgment with the district court, accompanied by a 64-page memorandum in support of their position. (Full text of motion and supporting memorandum.)

Obama Presses For Tolerance and Free Exercise Rights For U.S. Muslims

The U.S. today marked the ninth anniversary of 9-11, following what the New York Times described as an "impassioned call" by President Obama for better relations between Muslims and non-Muslims.  At his news conference on Friday (full text), the President gave lengthy answers to three separate questions on attitudes toward Muslims in the U.S.  Here is the Q&A:

Q    ... Nine years after the September 11th attacks, why do you think it is that we are now seeing such an increase in suspicion and outright resentment of Islam, especially given that it has been one of your priorities to increase -- to improve relations with the Muslim world?

THE PRESIDENT:  I think that at a time when the country is anxious generally and going through a tough time, then fears can surface, suspicions, divisions can surface in a society. And so I think that plays a role in it.

One of the things that I most admired about President Bush was after 9/11, him being crystal-clear about the fact that we were not at war with Islam.  We were at war with terrorists and murderers who had perverted Islam, had stolen its banner to carry out their outrageous acts.  And I was so proud of the country rallying around that idea, that notion that we are not going to be divided by religion; we’re not going to be divided by ethnicity.  We are all Americans.  We stand together against those who would try to do us harm. 

And that’s what we’ve done over the last nine years.  And we should take great pride in that.  And I think it is absolutely important now for the overwhelming majority of the American people to hang on to that thing that is best in us, a belief in religious tolerance, clarity about who our enemies are -- our enemies are al Qaeda and their allies who are trying to kill us, but have killed more Muslims than just about anybody on Earth.  We have to make sure that we don't start turning on each other.

And I will do everything that I can as long as I am President of the United States to remind the American people that we are one nation under God, and we may call that God different names but we remain one nation.  And as somebody who relies heavily on my Christian faith in my job, I understand the passions that religious faith can raise.  But I’m also respectful that people of different faiths can practice their religion, even if they don't subscribe to the exact same notions that I do, and that they are still good people, and they are my neighbors and they are my friends, and they are fighting alongside us in our battles.

And I want to make sure that this country retains that sense of purpose.  And I think tomorrow is a wonderful day for us to remind ourselves of that....

Q    ... [W]ere you concerned at all when you -- when the administration had Secretary of Defense Gates call this pastor in Florida that you were elevating somebody who is clearly from the fringe?...

THE PRESIDENT:  With respect to the individual down in Florida, let me just say -- let me repeat what I said a couple of days ago.  The idea that we would burn the sacred texts of someone else’s religion is contrary to what this country stands for.  It’s contrary to what this country -- this nation was founded on.  And my hope is, is that this individual prays on it and refrains from doing it.

But I’m also Commander-in-Chief, and we are seeing today riots in Kabul, riots in Afghanistan, that threaten our young men and women in uniform.  And so we’ve got an obligation to send a very clear message that this kind of behavior or threats of action put our young men and women in harm’s way.  And it’s also the best imaginable recruiting tool for al Qaeda.

And although this may be one individual in Florida, part of my concern is to make sure that we don’t start having a whole bunch of folks all across the country think this is the way to get attention.  This is a way of endangering our troops -- our sons and daughters, fathers and mothers, husbands and wives who are sacrificing for us to keep us safe.  And you don’t play games with that.

So I hardly think we’re the ones who elevated this story.  But it is, in the age of the Internet, something that can cause us profound damage around the world, and so we’ve got to take it seriously....

Q    Thank you, Mr. President.  I wonder if I can get you to weigh in on the wisdom of building a mosque a couple of blocks from Ground Zero.  We know that the organizers have the constitutional right.  What would it say about this country if they were somehow talked out of doing that?  And hasn’t the Florida minister’s threat to burn a couple hundred copies of the Koran, hasn’t the threat itself put American lives in danger, sir?

THE PRESIDENT: Well, on the second -- on your second question, there’s no doubt that when someone goes out of their way to be provocative in ways that we know can inflame the passions of over a billion Muslims around the world, at a time when we’ve got our troops in a lot of Muslim countries, that's a problem.  And it has made life a lot more difficult for our men and women in uniform who already have a very difficult job.

With respect to the mosque in New York, I think I’ve been pretty clear on my position here, and that is, is that this country stands for the proposition that all men and women are created equal; that they have certain inalienable rights -- one of those inalienable rights is to practice their religion freely. And what that means is that if you could build a church on a site, you could build a synagogue on a site, if you could build a Hindu temple on a site, then you should be able to build a mosque on the site.

Now, I recognize the extraordinary sensitivities around 9/11.  I’ve met with families of 9/11 victims in the past.  I can only imagine the continuing pain and anguish and sense of loss that they may go through.  And tomorrow we as Americans are going to be joining them in prayer and remembrance.  But I go back to what I said earlier:  We are not at war against Islam.  We are at war against terrorist organizations that have distorted Islam or falsely used the banner of Islam to engage in their destructive acts. 

And we’ve got to be clear about that.  We’ve got to be clear about that because if we’re going to deal with the problems that Ed Henry was talking about, if we’re going to successfully reduce the terrorist threat, then we need all the allies we can get.  The folks who are most interested in a war between the United States or the West and Islam are al Qaeda.  That’s what they’ve been banking on. 

And fortunately, the overwhelming majority of Muslims around the world are peace-loving, are interested in the same things that you and I are interested in:  How do I make sure I can get a good job?  How can I make sure that my kids get a decent education?  How can I make sure I’m safe?  How can I improve my lot in life?  And so they have rejected this violent ideology for the most part -- overwhelmingly.

And so from a national security interest, we want to be clear about who the enemy is here.  It’s a handful, a tiny minority of people who are engaging in horrific acts, and have killed Muslims more than anybody else.

The other reason it’s important for us to remember that is because we’ve got millions of Muslim Americans, our fellow citizens, in this country.  They’re going to school with our kids.  They’re our neighbors.  They’re our friends.  They’re our coworkers.  And when we start acting as if their religion is somehow offensive, what are we saying to them? 

I’ve got Muslims who are fighting in Afghanistan in the uniform of the United States armed services. They’re out there putting their lives on the line for us.  And we’ve got to make sure that we are crystal-clear for our sakes and their sakes they are Americans and we honor their service.  And part of honoring their service is making sure that they understand that we don’t differentiate between them and us.  It’s just us. 

And that is a principle that I think is going to be very important for us to sustain.  And I think tomorrow is an excellent time for us to reflect on that.

Meanwhile today, according to CNN, Rev. Terry Jones of the Dove World Outreach Center in Gainseville, Florida backed off his plans to burn copies of the Qur'an. The New York Times reported today on the efforts of many in Gainesville to repudiate the anti-Muslim threats by Jones.

British Sikh Sues Polish Border Guards Over Airport Search

Polskie Radio today reports that a British Sikh has filed suit (apparently in Polish courts) against  Polish border guards who required him to remove his turban during screening at the International Frederic Chopin Airport. Airport procedures call for security personnel to manually touch the turban and then use a special detector instead of requiring removal. Plaintiff, Shaminder Puri, who works for an NGO and the EU, asked the Polish ambassador to India and the head of Poland's Border Guards to investigate, but receive no satisfaction. Any damages Puri recovers will be donated to a charity for children who suffer from leukemia.

Algerian Police Charge Ten Men For Eating In Restaurant In Daytime During Ramadan

According to yesterday's Jerusalem Post, Algerian authorities in the town of Akbou have arrested ten men on charges of mocking Ramadan. The men were picked up in a restaurant in the province of Bejaya when neighbors complained they were desecrating Ramadan by eating during daylight hours. The restaurant owner said police entered the restaurant while its curtain was closed.  Human rights groups say the men have not committed any crime. All of the men have been released from jail pending a verdict expected to be handed down in November.

President Obama Sends Rosh Hashanah Greetings

Yesterday the White House released a statement from President Obama sending new year's greetings to Jews in the U.S. and around the world who celebrate Rosh Hashanah beginning this evening.  His statement (full text) said in part:

Rosh Hashanah marks the beginning of the spiritual calendar and the birth of the world....  At a time when too many of our friends and neighbors are struggling to keep food on the table and a roof over their heads, it is up to us to do what we can to help those less fortunate. At a time when prejudice and oppression still exist in the shadows of our society, it is up to us to stand as a beacon of freedom and tolerance and embrace the diversity that has always made us stronger as a people. And at a time when Israelis and Palestinians have returned to direct dialogue, it is up to us to encourage and support those who are willing to move beyond their differences and work towards security and peace in the Holy Land. 

Court Dismisses Complaint Over Homeowners' Association Order To Remove Cross

In Weatherspoon v. Provincetowne Master Owners Association, 2010 U.S. Dist. LEXIS 92187 (D CO, Sept. 2, 2010), a Colorado federal district court dismissed on collateral estoppel grounds a lawsuit charging, among other things, that a homeowners' association violated plaintiff's  free exercise rights when it enforced a covenant against her, requiring her to take down an 8-foot tall cross she had erected in her yard. A prior state court proceeding determined that in placing the cross in her yard without prior approval, the homeowner violated a religiously-neutral neighborhood covenant of general applicability.

Court Refuses To Lift Preliminary Injunction Against Stem Cell Funding Guidelines

D.C. federal district judge Royce Lamberth yesterday issued an order in Sherley v. Sebelius (full text) refusing to lift, pending appeal, his preliminary injunction against applying the Department of Health and Human Services' guidelines expanding permitted federal funding of human embryonic stem cell research. (See prior posting.)  Observing that "defendants are incorrect about much of their 'parade of horribles' that will supposedly result from the Court's preliminary injunction," the Order indicates that the preliminary injunction does not affect previously funded projects and does not deal with whether NIH could return to the narrower Bush administration guidelines. AFP reports on the decision.

Suit Charges Dearborn High School Principal With Discrimination Against Non-Muslims

A discrimination lawsuit was filed late last month by two Christian high school teachers against Imad Fadlallah, the now-retired principal of Dearborn, Michigan's Fordson High School, and against the school district. The complaint (full text) in Purcell v. Fadlallah, (ED MI, filed 8/27/2010), alleges that Fadlallah used his position as principal to promote Islam and to systematically weed out teachers, coaches and employees who are not Muslim or Arab. The complaint also makes repeated references to ties between Fadlallah's family and the terrorist group, Hezbollah. Among the incidents of harassment against non-Muslim teachers described in the complaint were scheduling classes for one plaintiff, a science and math teacher who was a diabetic, at the times he needed to eat and administer insulin. It charges that Fadlallah harassed the second plaintiff, a business and marketing teacher, by, among other things, assigning her to teach two classes that met at the same time at opposite ends of the school building. The 34-page complaint alleges numerous other incidents of harassment and discrimination in violation of the First and 14th Amendments and of various statutory and state constitutional protections. The lawyer who filed the suit on behalf of the teachers has issued a press release summarizing plaintiff's claims.

Secretary of State Clinton Hosts State Department Iftar

Secretary of State Hillary Rodham Clinton last night hosted the State Department's annual Iftar (Ramadan break fast). In her remarks (full text), she said in part:

Ramadan teaches and reinforces values that are honored by millions and tens and hundreds of millions of people from other faiths and beliefs. So tonight, while we celebrate together, let us consider how we can build broader and deeper bonds of mutual understanding, mutual respect and cooperation among people of all faiths in the year to come...

We sit down together for this meal on a day when the news is carrying reports that a pastor down in Gainesville, Florida plans to burn the Holy Qu’ran on September 11th. I am heartened by the clear, unequivocal condemnation of this disrespectful, disgraceful act that has come from American religious leaders of all faiths, from evangelical Christians to Jewish rabbis, as well as secular U.S. leaders and opinion-makers. Our commitment to religious tolerance goes back to the very beginning of our nation. Many of you know that in 1790, George Washington wrote to a synagogue in Newport, Rhode Island, that this country will give “to bigotry no sanction, to persecution no assistance.”

Among those attending the Iftar were 70 young American Muslim leaders. The Hill reported last week on the State Department's plans for yesterday's event.  

Court Dismisses Christian Pastors' Challenge To Hate Crimes Law

In Glenn v. Holder, (ED MI, Sept. 7, 2010), a Michigan federal district court dismissed on standing and ripeness grounds a challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that had been brought by several Christian pastors. Plaintiffs claim that the law interferes with their right to express opposition to homosexuals and homosexual behavior.  They allege that the Act is vague and overbroad, and will chill individuals from expressing their views that "homosexual orientation is morally wrong."  The court however did not reach the merits of those claims, finding instead that plaintiffs had failed to demonstrate that they faced a credible threat of prosecution under the Act.  No case or controversy exists because plaintiffs failed to allege that they intend to willfully cause bodily injury to anyone. The court also concluded that plaintiffs' claims are not ripe. They merely present hypothetical situations that plaintiffs believe will be investigated or prosecuted. Bay City (MI) Times reports on the decision.

Religion Becoming An Issue In Hawaii's Democratic Gubernatorial Primary

Religion is beginning to play an important role in Hawaii's Sept. 18 gubernatorial primary election. KITV News yesterday reported on ads and flyers by a group calling itself Island Values. Supporting Democratic candidate Mufi Hannemann over his opponent in the Democratic primary, Neil Abercrombie, flyers charge Abercrombie with mocking the faith-based community.  At issue is Abercrombie's support for same-sex civil unions. Gov. Linda Lingle vetoed a civil union bill this summer. (See prior posting.) An Island Values ad urges Christians who would otherwise vote in the Republican primary to instead take a Democratic ballot to vote for Hannemann.  Their radio ad says: "There are acceptable and unacceptable candidates. Neil Abercrombie is unacceptable. He declares no religious affiliation." Abercrombie says he was confirmed as an Episcopalian.

Tajikistan Continues Restrictions on Religion While Tajik Muslims Prefer Religious Dispute Settlement

Forum 18 last week reported that the government of Tajikistan is imposing ever tighter controls on religious activity in the country whose majority religion is Islam.  Invoking the ban on political organizations establishing mosques, the government has ordered the Islamic Revival Party to stop using its offices for prayers-- though the ban will not be enforced until after Ramadan. The country's Religious a\Affairs Committee has reaffirmed the 2009 ban on children taking part in the hajj pilgrimage to Mecca. Just before the beginning of Ramadan, authorities in the town of Panjakent banned the broadcast of Muslim prayers over loud speakers. Also a case against 17 Jehovah's Witnesses remains open.

Meanwhile, Radio Free Europe today reports that Muslims in Tajikistan are increasingly resorting to local mullahs who apply Sharia law to resolve disputes, particularly issues growing out of divorces. Individuals find this route faster and cheaper than state courts, and prefer the personalized approach of mullahs.  Also some state courts officials are corrupt, requesting bribes for specific decisions.

Petraeus Says Florida Church's "Burn a Qur'an Day" Could Endanger U.S. Efforts In Afghanistan

According to a report by ABC News yesterday, the plans of a pastor in Florida to hold a "Burn a Qur'an Day" at his church on the anniversary of 9-11 is now seen as a danger to U.S. troops in Afghanistan. (See prior posting.)  Some 500 people in downtown Kabul yesterday protested the plans of of Pastor Terry Jones of the Dove World Outreach Center in Gainesville, Florida. Gen. David Petraeus, the top U.S. commander in Afghanistan, said he is outraged by the Florida church's plans, and predicted that it could endanger troops and the overall U.S. effort in Afghanistan.