Lawsuit Seeks To Bar Certification of Oklahoma Vote on Shariah Law

Two days after Oklahoma voters overwhelmingly approved a ballot measure barring state courts from considering or applying Shariah law, the Council on American-Islamic Relations filed a lawsuit seeking to enjoin the State Board of Elections from certifying the election results on the proposed constitutional amendment. The complaint (full text)  in Awad v. Ziriax, (WD OK, filed 11/4/2010), alleges that the amendment enshrines a condemnation of plaintiff's Muslim faith in the state constitution. In support of the injunction plaintiff argues that the Shariah ban violates the Establishment Clause because it has a sectarian purpose and effect. The complaint also asserts that the amendment violates the federal free exercise clause by targeting only one religion. Wall Street Journal reports on the filing of the lawsuit.

Consent Decree Entered In Suit By Group Seeking To Distribute Bibles In High Schools

On Tuesday, a Florida federal district court entered a consent decree (full text) in World Changers of Florida, Inc. v. District School Board of Collier County, Florida, (MD FL, Nov. 2, 2010). The lawsuit challenged a school policy instituted in 2008 that only permitted distribution of literature in the schools by outside groups if administrators found that it promotes student interests.  Applying the policy, the school ended the prior practice of allowing World Changers to set up a table in high schools to hand out Bibles on Religious Freedom Day. (See prior posting.) Under the settlement embodied in the consent decree, the school will create a limited public forum, allowing all non-profit groups to passively distribute literature to high school students from tables outside of classrooms on one day each year, set by the consent decree as January 16 (which is National Religious Freedom Day). Each table will carry a sign indicating the group handing out material and stating that the material is not endorsed by the school board. Certain materials can be excluded-- such as that promoting of alcohol, tobacco or illegal drugs; material likely to cause substantial disruption, incite imminent lawless action or material inappropriate for the age and maturity of high schoolers; pornographic or libelous material; commercial advertising; or material that infringes intellectual property or privacy rights. Liberty Counsel issued a press release announcing the settlement.

Financial Scandal Surrounds Pakistan Ministry's Hajj Arrangements

With the arrival of Hajj participants from around the world underway in Saudi Arabia, scandal swirls around the financial dealings of Pakistan's Religious Affairs Ministry in its arrangement of housing for Pakistani Hajj pilgrims. First, according to Monday's Pakistan Express Tribune, Pakistan's Hajj officials arranged for housing for Pakistanis too far away from Hajj activities, so many are instead camping on foot paths and roads. Then Hajj Director General Rao Shakeel was called back to Pakistan, charged with corruption in arranging the inadequate housing. According to today's Express Tribune, Saudi Prince Bin Bandar Bin Abdul Aziz Al-Saud in a letter to Pakistan's Chief Justice alleged that the Religious Affairs Ministry rented out housing to pilgrims at more than twice the actual cost, apparently embezzling the difference. The Supreme Court has ordered the government to deal with the issue on a national level, has ordered the Foreign Office to contact the Saudi government, and has ordered the government to respond to the court within 15 days.  Meanwhile, Prime Minister Syed Yousaf Raza Gilani has appointed a 3-member committee to probe the charges.

Pakistan's Parliament has reacted to the situation. According to Online International News Network, the Senate's Standing Committee on Religious Affairs has recommended that the Prime Minister remove Shakeel from his position, as has the Federal Minister for Religious Affairs.

Evangelist Sues Challenging City's Noise Ordinance

A lawsuit was filed yesterday in a Virginia federal district court by a Christian evangelist challenging Winchester, Virginia's noise ordinance.  Michael Marcavage, director of Repent America, was required by police to stop using a hand-held microphone and speaker while preaching at at Winchester's 2010 Apple Blossom Festival.  The complaint (full text) in Marcavage v. City of Winchester, Virginia, (WD VA, Nov. 3, 2010), contends that the city's ordinance that bars "any noise which unreasonably annoys, disturbs, injures or endangers the comfort, health, safety, welfare, or environment of others" is unconstitutionally vague.  The suit also alleges that the law, on its face violates the free expression provisions of the First Amendment and Virginia's Constitution as well as Virginia's Religious Freedom Restoration Act. Finally, plaintiff contends that because police acted on the basis of one person's complaint that the preaching caused the individual to be uncomfortable, the ordinance was not applied in a viewpoint neutral fashion. The Rutherford Institute issued a press release announcing the filling of the lawsuit.

SG's Standing Argument In Arizona Christian School Organization Case Surprises Some

The Los Angeles Times reports that many are surprised at the government's position on standing put forward yesterday by Acting U.S. Solicitor Gen. Neal Katyal in his Supreme Court argument on the constitutionality of Arizona's tuition scholarship tax credit. (See prior posting.) Here is part of the argument in Arizona Christian School Tuition Organization v. Winn that has caused American United executive director Barry Lynn to describe the Obama administration's position as "inexplicable":

GENERAL KATYAL: Not a cent of the Respondent's money goes to fund religion. If you placed an electronic tag to track and monitor each cent that the Respondent plaintiffs pay in tax, not a cent, not a fraction of a cent, would go into any religious school's coffers.... Their complaint is not that the government is spending ... money that has been extracted [from] ... taxpayers. Their complaint is that someone else's money is not being extracted and spent enough. And the relevant language in Flast says that for taxpayer standing to occur ... "his tax money" must be extracted and spent, and here that is not occurring.

JUSTICE GINSBURG: Counsel, does anyone have standing, in your view, to challenge this scheme?

GENERAL KATYAL: The way this scheme is set up, our answer is no. And I think that accords with this Court's general reluctance to confer taxpayer standing in this area.

JUSTICE GINSBURG: And if we leave out the fine points that you were discussing, isn't the underlying premise of Flast v. Cohen that the Establishment Clause will be unenforceable unless we recognize taxpayer standing?

GENERAL KATYAL: I don't see that, Justice Ginsburg..... I think Flast is a very narrow exception for when someone's dollars are being taken out of their pocket and spent by the government on religion, and I don't think that's happening here....

JUSTICE KAGAN: So if you are right, General Katyal, the Court was without authority to decide Walz, Nyquist, Hunt, Mueller, Hibbs, this -- this very case, just a few years ago? That the Court was out of authority to decide any of those cases, but somehow nobody on the Court recognized that fact, nor did the SG recognize that fact? The SG participated, I believe, in each of those cases.

GENERAL KATYAL: Right.

The government's amicus brief in the case similarly argued that plaintiffs lacked standing to bring their Establishment Clause challenge.

Christian Proselytizer Seeks To Appeal Mormon Judge's Refusal To Recuse Himself

Yesterday in Palmer v. City of Prescott, plaintiff filed a motion for interlocutory appeal (full text) of an Arizona federal district court judge's refusal to disqualify himself from hearing plaintiff's civil rights case. (See prior posting.) Plaintiff, an evangelical Christian who proselytizes Mormons, claimed that Judge David Campbell's Mormon religious beliefs would bias him. In the motion, plaintiff claims that: "true-believing Mormons believe I am a hireling of Lucifer, paid by the devil.... I have further prejudiced the judge against me by disclosing parts of his 'sacred' temple ceremony ... which the church considers blasphemy."

Supreme Court Hears Arguments In Arizona Tuition Scholarship Tax Credit Case

The U.S. Supreme Court today heard oral arguments (full transcript) in Arizona Christian School Tuition Organization v. Winn along with Garriott v. Winn. At issue is the constitutionality of Arizona's program that gives tax credits for contributions to school tuition organizations that in turn provide scholarships primarily to children attending parochial schools. Scotus Blog has links to all the briefs filed both by the parties and by amici.  In the case, the 9th Circuit held that plaintiffs have taxpayer standing to challenge the state programs and that the programs violate the Establishment Clause. (See prior posting.) Lyle Denniston has a recap of the arguments posted at Scotus Blog. He described it as "a passionate hour spent heavily on the difference between a tax credit and a tax deduction, intertwined with a focus on the arcane subject of "taxpayer standing" to file a lawsuit...."  ABC News also reports on the arguments.

Colorado Voters Defeat Personhood Amendment

In Colorado, Amendment 62, the anti-abortion Personhood Amendment was voted down yesterday. 70% of the voters cast their ballots against the amendment. (Election results.) The Denver Post reporting on the defeat, said the result was similar to the vote on a comparable proposal in 2008. The Personhood Amendment (full text) would have applied state constitutional protections for inalienable rights, equality of justice and due process of law "to every human being from the beginning of the biological development of that human being." Opponents argued that this would not only ban abortion, but also emergency contraception in rape cases, and would limit treatment for miscarriages and tubal pregnancies and would impact infertility treatment.

South Africa Plans To Amend Tax Law To Equalize Treatment of Shariah Compliant Mortgages

Bloomberg reports today that in South Africa, the government plans to introduce new tax rules next year to level the playing field for Islamic mortgages. South African law now exempts interest under $3206 (US) earned by those under 65 years of age from taxation. The new rules will give similar treatment to made from murabahah, mudarabah and diminishing musharaka arrangements-- transactions based on the exchange of assets structured to avoid the ban on interest imposed by Shariah law. South African banks plan to increase their offerings of Shariah-compliant mortgages once the new tax rules are in place. The government may also sell Islamic bonds if the tax law amendments are adopted.

3 Iowa Supreme Court Justices Voted Out of Office Because of Their Gay Marriage Ruling

In Iowa, for the first time since the judicial merit selection system was adopted in 1962, three state Supreme Court justices were voted out of office. Chief Justice Marsha Ternus and Justices David Baker and Michael Streit each received only 45% support for retention. (Unofficial results.) The vote came as a result of a campaign by those who are opposed to the state Supreme Court's ruling last year upholding same-sex marriage. In Varnum v. Brien, (IA Sup. Ct., April 3, 2009), the Iowa Supreme Court held that the Iowa statute limiting marriage to unions between opposite-sex partners violates the equal protection clause of the Iowa Constitution. (See prior posting.)  The Des Moines (IA) Register reports that the campaign to remove the justices spent $650,000, with much of the money from out-of-state conservative and religious groups. The Iowa Independent last month profiled the various groups supporting the campaign to oust the justices. The campaign in support of the justices spent $200,000. Two trial court judges in Polk County who were also targeted kept their seats.  Judge Robert Hanson who sided with same-sex couples at the trial court level received 66% support for retention, while Judge Scott Rosenberg, targeted for signing a gay couple's marriage waiver, was retained by a 69% vote.

Oklahoma Voters Approve Ban On Courts Using Shariah Law

In Oklahoma yesterday, voters approved State Question No. 755, amending the Oklahoma constitution to bar state courts from considering or using international law or Shariah law when deciding cases. With all precincts reporting, 70% of voters cast ballots in favor of the measure. (Unofficial results.) According to AP, the sponsor of the measure, Rex Duncan, called it a "pre-emptive strike."  Some members of the Muslim community say they are prepared to file a lawsuit challenging the measure.

Supreme Court Hears Arguments In RLUIPA Damages Lawsuit

The U.S. Supreme Court today heard oral arguments in Sossamon v. Texas (full transcript). At issue is whether states and state officials in their official capacities may be sued for damages under the Religious Land Use and Institutionalized Persons Act. Scotus Blog has links to all the merits and amicus briefs as well as to the other relevant primary source documents in the case. The case was brought by a prisoner who objected to the prison's policy of prohibiting congregational worship in the prison's chapel. He claimed that alternative worship venues did not give him access to Christian symbols or furnishings such as an altar or cross. In the case, the 5th Circuit held that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding for its prisons. The text of RLUIPA merely provides that a plaintiff may obtain "appropriate relief" against  a governmental defendant. (See prior posting).

Ugandan Court Grants Temporary Injunction Against Tabloid Publishing Names of Gays

CNN and Canadian Press both report on a temporary injunction issued by a court in Uganda ordering the publication Rolling Stone (unrelated to the U.S. magazine of the same name) to stop publishing names of photos of people it claims are gay.  Last month the tabloid published the names of 100 supposedly leading gays and lesbians in the country accompanied by a yellow banner reading "hang them." On Monday it published a second list and photos of people it said are gay and urged that they be reported to the police. The gay rights group Sexual Minorities Uganda filed an invasion of privacy lawsuit that led to the temporary injunction. The next hearing in the case is scheduled for Nov. 23. Last year Uganda came under heavy criticism as a bill was introduced that would have imposed the death penalty for "aggravated homosexuality" and life imprisonment for gays. (See prior posting.) It is reported that some American evangelicals have promoted the anti-gay agenda in Uganda. (See prior posting.) Uganda is mostly Christian and, according to CNN, a Pew poll reported that almost two-thirds of the country's Christians favor making the Bible the law of the land.

Settlement Approved In Suit Challenging Ban On Wearing Rosaries In School

A New York federal district court yesterday approved a settlement in a suit that was brought on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The settlement stipulation (full text) in R.H. v. Schenectady City School District, (ND NY, Oct. 30, 2010), calls for defendants to pay the student $2500 in damages and expunge his school record. The settlement also calls for defendants to pay $20,000 in attorneys' fees. The school has already modified its policy on wearing rosaries.  American Center for Law & Justice announced the approval of the settlement. (See prior related posting.)

High-Profile Defendant Removed From Jury Selection For Singing Hymns In Court

Yesterday in Salt Lake City, Utah, jury selection began in the federal court trial of Brian David Mitchell who is charged in the high profile 2002 kidnapping of then 14-year old Elizabeth Smart. Mitchell insisted on softly singing hymns during the court proceedings.  AP reports that after a half hour of the singing, Judge Dale Kimball ordered Mitchell removed, but to another room where he was still able to watch the proceedings by closed circuit television. It is expected that Elizabeth Smart will return to Utah to testify against Mitchell. Smart is currently serving a mission for the Church of Jesus Christ of Latter Day Saints in France.

Canadian Preacher's Rights Infringed By Calgary's Limits On Use of Parks

A Canadian court in Calgary, Alberta ruled yesterday that Calgary city parks rules barring the distribution of free food, posting signs and gathering people together for religious services violates the religious freedom rights of street preacher Artur Pawlowski. The Calgary Sun reports that the court also found that the ban on using amplification systems in the park violated Pawlowski's free speech rights under Canada's Charter of Rights and Freedoms.

Israel Criticizes UNESCO Vote Classifying Two Biblical Sites As Palestinian

JTA reported  on Sunday that Israeli Prime Minister Benjamin Netanyahu has criticized as absurd a vote last month by the United Nations Educational, Scientific and Cultural Organization that classified two historical Biblical sites as "an integral part of the occupied Palestinian territories." The resolution also called from removal of the sites from Israel's national heritage list. (London Guardian). At issue are the Cave of the Patriarchs in Hebron where the Bible says that Abraham, Isaac and Jacob are buried, and the Biblical Tomb of Rachel located in Bethlehem. Muslims call the Cave Al-Ibrahimi Mosque because Abraham is buried there. Since 1996, Rachel's burial place has been called Bilal bin Rabah Mosque by Palestinians. The UNESCO Executive Board vote was 44-1 with 12 abstentions. The sole negative vote was cast by the United States. 

RLUIPA Challenge Filed To Michigan Town's Law

Crain's Detroit Business reports that a RLUIPA challenge to a Hazel Park, Michigan zoning ordinance was filed last week by the Salvation Temple Church which is seeking to open a church on residential property that has been vacant since 2002. The challenged ordinance, passed in 2005, bars religious institutions in areas zoned commercial or industrial.  They can open in residentially zoned areas with approval of the city, but Hazel Park has no residential property large enough to house a church and required parking.  The federal lawsuit claims that the zoning law effectively bars any new religious institution from opening in the city.

52 Dead In Iraq After Attack On Catholic Church

In Iraq yesterday, security forces stormed a Syrian Catholic Church that was taken over by terrorists wearing suicide vests. At least 52 people, including a priest, have been killed. It is unclear how many were killed by terrorists and how many were casualties of the security force's raid.  Canadian Press reports that the militant group Islamic State of Iraq in a website message linked the reason for the attack to two wives of Coptic priests in Egypt, The women allegedly converted to Islam in order to divorce their husbands. It is charged that Egyptian police located the women and sent them off to distant monasteries. The terrorist group that is linked to al-Quaida in Iraq, says it will exterminate Iraqi Christians if the Egyptian women are not released.

Arizona To Try Utah Appointed Fiduciary For FLDS Property On Trespass Charge

An Arizona judge last week refused to dismiss criminal trespass charges against Bruce Wisan, the special fiduciary appointed by Utah courts to reform the United Effort Plan trust that holds property of members of the FLDS Church.  According to yesterday's Salt Lake Tribune, Wisan is charged with authorizing a former FLDS member to break into homes in Colorado City, Arizona, one of the twin towns occupied by the polygamous FLDS group, to change locks on the houses. Wisan argues he is not guilty because he has a claim of right over all property held by the trust. Wisan's trial is now scheduled for Dec. 16-17.