Russia's Lower House Approves Bill Allowing Orthodox Church To Reclaim Nationalized Property

Reuters reports that yesterday the State Duma, the lower house of Russia's Parliament, adopted a bill authorizing the Russian Orthodox Church to reclaim up to 17,000 building and churches nationalized after the 1917 Bolshevik revolution. Under the bill, the Church cannot reclaim museum pieces or public buildings. The bill easily passed on its second and main reading in the lower house. It must still pass a perfunctory third reading before going to the upper house (the Federation Council) for approval and then being signed into law by the president. (Background on legislative process).

Ponzi Scheme Targets Investors In Shariah-Compliant Financial Products

A Department of Justice press release yesterday unveiled an indictment against three owners of a bankrupt Chicago real estate development firm charging that they ran a Ponzi scheme aimed at investors seeking Shariah-compliant investments. The indictment alleges that two of the owners of Sunrise Equities, Inc. misrepresented that an investment in the company was Shariah compliant, and promised returns of between 15% and 30%.  Hundreds of Muslims in the Chicago area invested, and collectively they lost some $30 million in the fraud. Sunrise was not generating any profits from real estate development and prior investors could be paid only out of funds later invested by others. The two defendants charged in the affinity-group fraud have now fled the country.

New Survey Identifies Religious Concerns For 2012 Election

The Public Religion Research Institute this week released a report on its  2010 Post-Election American Values Survey. The report titled Old Alignments, Emerging Fault Lines: Religion in the 2010 Election and Beyond,  reports on three findings that may have importance for the 2012 elections:  (1) only 4 in 10 Americans believe that President Obama has religious beliefs similar to their own; (2) 49% of Americans believe that the values of Islam are compatible with American values; and (3) 58% agree that God has granted America a special role in human history. ABP yesterday reported on the survey.

Court Refuses To Stop Murfreesboro Mosque

According to NPR, a Tennessee Chancery Court judge yesterday refused to issue a temporary restraining order to stop construction of an Islamic Center in Murfreesboro (TN). The formal issue in the trial was whether Rutherford County planning officials violated the state's open meeting law when they approved the site plan for the Center. (See prior posting.) However the trial drew national attention as plaintiffs argued that Islam should be classified as a political movement, not a religion. (See prior posting.) After seven days of testimony since late September, Chancellor Robert Corlew heard closing arguments yesterday (WRCB TV) and then issued his ruling. While expressing some concern about the notice requirements, Corlew ruled that plaintiffs had not shown the county acted illegally, arbitrarily or capriciously in approving the site plan.

Senate Hearing Held On Nomination of Ambassador at Large for International Religious Freedom

Religion News Service reports that yesterday the Senate Foreign Relations Committee held a hearing on the nomination of Suzan D. Johnson Cook to be Ambassador at Large for International Religious Freedom. In her prepared testimony (full text) Cook outlined some of her relevant experience. Cook retired last year as pastor of New York's Bronx Christian Fellowship Church.  Religious freedom advocates have been concerned that the religious freedom ambassador's post has been unfilled for so long. Some, however, question Cook's lack of foreign policy experience.

Executive Order Adopts New Criteria For Organizations Receiving Faith-Based Grants

President Obama today signed an executive order (full text) making changes in the operations of the White House Office of Faith-based and Neighborhood Partnerships.  As reported in a press release from the Baptist Joint Committee, the order implements many of the recommendations made in February by a task force on reform of the faith-based office. (See prior posting).  However the Executive Order does not implement a split recommendation that houses of worship use separately incorporated affiliates to receive federal grant funds. (The recommendations were published as part of a larger report last March. See prior posting.) Today's Executive Order, titled Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations, includes the following directives:

(c)  No organization should be discriminated against on the basis of religion or religious belief in the administration or distribution of Federal financial assistance under social service programs.

(d) ... [O]rganizations, in providing services supported in whole or in part with Federal financial assistance, and in their outreach activities related to such services, should not be allowed to discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.

(e)  The Federal Government must implement Federal programs in accordance with the Establishment Clause and the Free Exercise Clause ... and must monitor and enforce standards ... in ways that avoid excessive entanglement between religious bodies and governmental entities.

(f)  Organizations that engage in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) must perform such activities and offer such services outside of programs that are supported with direct Federal financial assistance ..., separately in time or location from any such programs or services supported with direct Federal financial assistance, and participation in any such explicitly religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance.

(g) ...  [A] faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct Federal financial assistance ... to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization)....  [Organizations] may use their facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization may retain religious terms in its name, select its board members on a religious basis, and include religious references in its organization's mission statements and other chartering or governing documents.

 (h)  ... If a beneficiary or prospective beneficiary of a social service program supported by Federal financial assistance objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonable time after the date of the objection, refer the beneficiary to an alternative provider....

The Executive Order also sets up a Working Group to draft a set of model regulations and guidance documents for adoption by federal agencies involved in distributing funds.

Illinois Village Sued For Refusal To Accommodate Jehovah's Witness Employee

A former Oak Park, Illinois employee on Friday filed a lawsuit against the village claiming that it wrongfully refused to accommodate her religious beliefs.  The TribLocal and the Pioneer Press report that Jehovah's Witness adherent Shawnya Robinson originally worked in Oak Park's community relations department, but was transferred the clerk's office when her original position was eliminated for budgetary reasons. Robinson had religious objections to registering domestic partnerships. She also objected to being involved in voter registration, interpreting her church's teaching of political neutrality as preventing her from being involved in any way in the voting process. Although Robinson was originally told that it would not be a problem to accommodate her religious beliefs, eight days after she began her new job she was fired because her supervisor became concerned about office morale problems that would be caused by Robinson's being exempted from some duties. The Illinois Department of Human Rights in September dismissed similar charges filed with it by Robinson.

Court Rejects Bivens Claim For Religious Discrimination By CIA

Ciralsky v. Central Intelligence Agency, 2010 U.S. Dist. LEXIS 120617 (ED VA, Nov. 15, 2010), is a suit originally filed ten years ago by a former CIA employee challenging the revocation of his security clearance and his resulting termination from his position as an attorney with the CIA.  Plaintiff Adam Ciralsky claims that these actions were taken because he is Jewish and was viewed as a supporter of Israel. Some of plaintiff's claims have already been adjudicated or are still pending in the district court for the District of Columbia. The claims involved in this opinion are primarily Bivens claims for violations of various constitutional provisions. Among those are claims that defendants violated the free exercise clause and the equal protection component of the 5th Amendment's due process clause. The court dismissed plaintiff's claims on various grounds, including lack of subject matter jurisdiction. However it also discussed the merits of various claims, including those under the 1st and 5th Amendment:

Ciralsky has already challenged the revocation of his security clearance under Title VII in the District of Columbia, which dismissed that claim; he cannot use a Bivens action to receive a second chance at his failed Title VII claim.

Indeed, allowing this claim would require this Court to broaden the scope of Bivens, which courts are reluctant to do. Bivens creates an implied right of action for damages against federal officials who violate specific constitutional rights.... Ciralsky has not cited any precedent that creates a Bivens action for free exercise or equal protection claims.

Even if Ciralsky could bring such a Bivens action, he does not allege facts that make out a constitutional violation. Ciralsky alleges that the CIA revoked his security clearance because officials saw him as overly sympathetic to Israel. If true, the CIA's actions were within its broad discretion for granting and denying access to national security information.

USCIRF Vice-Chair Criticizes Russian Laws on Extremism

Elizabeth Prodromou, vice chair of the U.S. Commission on International Religious Freedom, spoke Sunday at a conference in Brussels on Religious Freedom in Russia (full text or remarks). She said in part:

Russia faces legitimate, serious threats from groups which advocate or perpetrate violence in the name of religion. This is a major security concern, not just in Russia, but in other nations. There is a problem, however, with Russia's approach to the challenge.  It defines extremism in such a way that religious groups that neither practice nor preach violence fall under that category.  Moreover, Russian authorities apply anti-extremist laws in an overly broad and arbitrary manner.  The result is a repeated and heavy-handed use of the law against religious adherents who pose no credible threat to security, and whose only "crime" is a failure to conform to mainstream ideas and beliefs.

USCIRF issued a press release on the talk.

British Tribunal Rejects Religious Discrimination Claim By Adoption Panel Member

In Britain, an employment tribunal in Leicester has rejected religious discrimination charges brought by a Christian pediatrician who was dismissed from her position on a Northamptonshire County Council adoption panel when she asked to abstain from voting in cases where same-sex parents were seeking to adopt. Brighouse Echo reports today that the employment judge concluded Dr. Sheila Matthews was treated no differently than any other panel member who might request to abstain from voting for any reason would have been.

Surprise Bishops' Conference Election Results Show Move To The Right

New York Archbishop Timothy Dolan yesterday was elected president of the United States Conference of Catholic Bishops.  Christian Century reports that Dolan's choice was a surprise.  Usually the sitting vice president-- who was Bishop Gerald Kicanas or Tuscon-- is elected president. However Kicanas had been criticized by sex abuse victims for failing to stop the ordination of a priest who was later convicted of sex offenses.  Also conservative Catholics criticized Kicanas as weak on social issues.  In the third round of voting, Dolan defeated Kicanas by a vote of  128-111. Archbishop Joseph Kurtz of Louisville was elected vice president, defeating Denver Archbishop Charles Chaput.  Observers say the elections foreshadow a sharp move to the right by the bishops' conference and suggest that the bishops will be leaders in the culture wars.

TSA Says Passengers With Religious Objections To Both Body-Scan and Pat-Down Cannot Board

John Pistole, head of the Transportation Security Administration told the Senate Homeland Security Committee yesterday that airline passengers who refuse both a full body scan and a pat down search will not be allowed to board a plane, even if the refusal is for religious reasons. AP reports that Pistole made the statement at hearing in response to a question by Nevada Sen. John Ensign.

President Sends Eid Greetings And Wishes Hajj Pilgrims Well

In Saudi Arabia, the Hajj is under way as yesterday pilgrims climbed Mount Arafat as part of the five days of rituals that trace the steps of the Prophet Muhammad (AP). Today marks the beginning of Eid al-Adha, the Festival of the Sacrifice that commemorates Abraham's willingness to sacrifice his son. (Washington Post). Yesterday the White House issued this statement from President Obama sending Eid greetings:

Michelle and I extend our greetings for a happy Eid-ul-Adha to Muslims worldwide and wish safe travels to those performing Hajj.  This year, nearly three million pilgrims from more than 160 countries - including the United States - have gathered in Mecca and neighboring sites to perform the Hajj rituals and stand together in prayer.

On Eid, Muslims around the world will commemorate Abraham’s willingness to sacrifice his son, and distribute food to those less fortunate - a reminder of the shared values and the common roots of three of the world's major religions.

On behalf of the American people, we extend our best wishes during this Hajj season – Eid Mubarak and Hajj Mabrour.

Teacher Reprimanded For Objecting To Student's Anti-Gay Statements

In Brighton, Michigan, a high school economics teacher is challenging a one day suspension without pay that was imposed on him for violating the free speech rights of a student. According to a Canadian Press report today, on Oct. 20 teacher Jay McDowell told a student in his class to remove a belt buckle carrying the Confederate flag. This led another student to challenge McDowell on how this differed from the rainbow flag that was depicted on an anti-bullying T-shirt worn by the teacher. The student said he did not accept gays. McDowell told him he could not say that in class. The student insisted, "I don't accept gays. It's against my religion." McDowell sent him out for a one-day suspension. Another student asked if he could leave also, because he too did not accept gays.  The reprimand letter that teacher McDowell received from the school district said that he "purposefully initiated a controversial issue" by wearing the anti-bullying T-shirt.

RLUIPA Lawsuit Challenges Zoning Limits on Church Affiliated Outreach Center

A RLUIPA challenge to the zoning laws of the city of Kelso, Washington was filed Friday in federal district court in Washington by the Victory Center which welcomes young people and the needy for fellowship, meals, worship and classes. The Center is affiliated with the Kelso Church of Truth and Mountain Ministries.  The Kelso city code limits a four block downtown area to pedestrian-related uses.  Victory Center moved in last spring and put a $15,000 deposit toward purchase of the building. The Victory Center defines itself as a cultural and educational center, which is a permitted use in the area.  However, as reported by the Longview (WA) Daily News (11/9), a hearing examiner last week ruled that it is instead a "community center" which is not permitted. In the lawsuit filed Friday, Victory Center charges that the city's community development director wrongly applied the zoning law based on his personal opinion and religious prejudice. (Longview Daily News 11/15).

Bishops' Head Defends Stance Opposing Health Care Reform Bill

Yesterday Catholic Cardinal Francis E. George, outgoing president of the U.S. Conference of Catholic Bishops, delivered the opening address at the fall general assembly of the USCCB.  According to Catholic News Service, Cardinal George spent much of his time justifying the Bishops' opposition year to final passage earlier this year of the federal health care reform law. George said that developments since the passage of the legislation" have confirmed that "our analysis of what the law itself says was correct and our moral judgments are secure."  The Bishops opposed passage on the ground that the bill did not go far enough in protecting against federal funds being used to pay for abortions. (See prior posting.)

Mullah Omar Calls On Young Educated Afghans To Defend Islamic Values

Threat Matrix yesterday published the full text of a lengthy Eid al-Adha statement by Afghan Taliban leader Mullah Omar. In a section of his statement addressed to university students and young educated Afghan men, Omar says:

As a young educated generation and men of letters (writers) of our Islamic country, you are the leaders of tomorrow of the country. Our enemy is turning every stone to spread their cultural and ideological influence over the young generation of this Muslim country and thus jeopardize our history, religious values and our future. Our religious and historical enemy has cunningly launched a propaganda drive, spending huge amount of money in order to gradually strip our young generation of their Afghan and Islamic identity. As a young generation of this Islamic country, you have an Islamic and Afghani responsibility to confront these hostile anti-Islamic and anti-Afghan endeavors of the enemy with all your capability of tongue and pen and indefatigable struggle. Do not let your historical, religious and cultural enemy succeed.

Holder Delegates Authority To Certify Hate Crime Prosecutions; First Federal Indictments Are Handed Down

The 2009 Matthew Shepard and James Byrd, Jr. Hate Crimes Act (18 USC Sec. 249) permits federal prosecution of hate crimes-- many of which would traditionally be prosecuted under state law-- only if the Attorney General or his designee certifies that one of several statutory criteria for acting federally exists. Last week, in a rule change that is to be published in the Federal Register today (full text), Attorney General Eric Holder delegated that authority to the Assistant Attorney General for Civil Rights and, in some cases, to the Assistant Attorney General, Criminal Division, of the Justice Department. Main Justice reports on the AG's action.

Meanwhile, on Friday the Justice Department announced the first federal indictments under the 2009 Act.  A New Mexico grand jury indicted three men on charges of carrying out a racially motivated assault on developmentally disabled man of Navajo dissent. The assault included burning a swastika into the man's arm. ADL yesterday issued a press release welcoming the indictments.

Israeli Government Appoints Alternative Marriage Registrars To Validate Conversions By Military Rabbis

Today's Jerusalem Post reports on the latest developments in the ongoing tensions within the governmental religious establishment over standards and procedures for conversion to Judaism. On Sunday, the government informed the High Court of Justice that the Chief Rabbinate had appointed four new rabbinical judges from the state-administered conversion courts to act as marriage registrars who could register marriages, allowing couples to bypass city registrars. At issue is the refusal in four cities by marriage registrars to recognize the validity of conversions carried out in the army by state-administered conversion courts. The government's announcement came in a brief filed with the High Court in a case challenging the four registrars who had refused to accept conversions performed in the IDF that were not not approved by the Chief Rabbinate. Some 4,500 soldiers have been converted by military chaplains.

Recent Articles and Books of Interest

From SSRN:

• Geoffrey P. Miller, Logos and Narrative, (NYU School of Law, Public Law Research Paper No. 10-78, Nov. 9, 2010).
• Jeremy Waldron, Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation, (NYU School of Law, Public Law Research Paper, Feb. 18, 2010).
• Jessie Hill, Property and the Public Forum: An Essay on Christian Legal Society V. Martinez, (Duke Journal of Constitutional Law & Public Policy, 2010).
• Roberta Rosenthal Kwall, Creativity and Cultural Influence in Early Jewish Law, (Notre Dame Law Review, Forthcoming).
• Wilson Ray Huhn, Ten Questions on Gay Rights and Freedom of Religion, (Akron Journal of Constitutional Law and Policy, Vol. 1, 2009-2010).

The weekly publication New Europe has just published a special edition on Religious Freedom. With contributions from over 30 Europeans and Americans, the issue focuses both on special problems in Turkey and broader European concerns over the role of religion.

New Books:

• Raymond A. Schroth, S.J., Bob Drinan: The Controversial Life of the First Catholic Priest Elected to Congress, (Fordham Univ. Press, Dec. 2010).
• Michelle U. Campos, Ottoman Brothers: Muslims, Christians, and Jews In Early Twentieth-Century Palestine, (Stanford Univ. Press, Nov. 2010).