Brooklyn Cop Forces Rabbi To Write On the Sabbath

Yesterday's New York Post reports on a run-in between a 27 year old Orthodox rabbi and Brooklyn police when Rabbi Sholom Emert was stopped for jaywalking after sundown on Friday.  Because the rabbi could not carry on the Sabbath, he had no identification. He offered to show his ID to the police if they would accompany him home. The police officer instead told him that he must write down his name.  Writing also violates the Sabbath, but the rabbi complied under threat of otherwise being detained.  Rabbi Emert says this is the first time in his life that he has broken the Sabbath.

Traditional Marriage Group Cannot Intervene In DOMA Challenge

In Benson v. Alverson, (MN Dist Ct., Nov. 24, 2010), a Minnesota state trial court denied a motion filed by the Minnesota Family Council seeking leave to intervene in a lawsuit challenging Minnesota' Defense of Marriage Act.  Plaintiffs in the case are three same-sex couples and the minor children of one of the couples. The Council is organized to defend traditional marriage, based on Judeo-Christian principles. The court concluded that lobbying for a law does not give an organization a sufficient interest to be entitled to intervention as of right.  In addition, the court concluded that the Council lacks standing to intervene in the case:

[A]lthough the Council attempts to cloak its interest in the nomenclature of organizational injuries and interest, the alleged interest is simply the expression of a desire that the DOMA as written be obeyed. The Council believes that same-sex marriage would harm society, but the Court finds no precedent equating societal non-economic harm to a private organization's injury-in-fact.

The Council had argued that if DOMA is struck down, it will have to divert resources to a campaign to restore a ban on same-sex marriage.  Yesterday's Minnesota Independent reported on the decision.

Religion Clause Chosen In ABA Top 100 Blogs; Voting On For Top 12

I am pleased to announce that Religion Clause has been chosen this year by the American Bar Association as one of the top 100 legal blogs.  Readers can now vote among those 100 for the top twelve-- one in each of the categories designated by the ABA.  To vote for your favorites, click here or on the icon in the side bar.

Pakistan Court Temporarily Bars Pardon For Christian Woman Sentenced To Death For Blasphemy

In Pakistan today, the Lahore High Court issued a temporary stay barring Pakistani President Asif Ali Zardari from issuing a pardon to Aasia Bibi (also known as Aasia Noreen), a Christian woman who has been sentenced to death on blasphemy charges. (See prior posting.) Continental News and Sify News report that the order comes after Bibi filed a clemency appeal with the President through the Governor of Punjab, Salman Tasseer. Tasseer, who believes the charges against Bibi were fabricated, assured her of a sympathetic response. However hard line Islamic parties began protests against the governor and any pardon. The court ruled that because the case was still in the courts, any pardon would be premature, and ordered the President and the Punjab governor to reply by December 6 when another hearing is scheduled.

Utah High Court Won't Block Jeffs' Extradition To Texas

Last week, the Utah Supreme Court refused to block the extradition of FLDS leader Warren Jeffs to Texas to face bigamy and sexual assault charges.  Washington Post  and Deseret News reported last week that the Utah high court issued a brief order lifting the stay on extradition that had been imposed by the Court of Appeals and cleared the way to implement the extradition agreement signed by the governors of Utah and Texas. Jeffs has previously been convicted of rape as an accomplice in Utah, but the Utah Supreme Court reversed the conviction because of faulty jury instructions. (See prior posting.) Jeffs argued that extradition while his case is on remand to the trial court will deny him a speedy trial. He also objected to provisions in the extradition agreement that would deny him bail in Texas. [Thanks to Modern Pharisee for the lead.]

All-Day Holiday Music Will Play Again This Year In Arizona Jail

In Phoenix, Arizona, Sheriff Joe Arpaio plans again this year to play Christmas music over speakers in his county jail for 12 hours a day. The Washington Times reports that the music will begin today with the playing of "Rudolph the Red Nosed Reindeer", Frosty the Snowman" and "Feliz Navidad.".  The sheriff has prevailed in six lawsuits-- most recently in December 2009-- in which inmates challenged the practice as a violation of their religious rights and as cruel and unusual punishment. So again this year, 8,000 inmates will hear multi-ethnic and culturally diverse holiday music all day during the holiday season. Apparently they can avoid the music only by remaining in their cells. (See prior posting.)

Recent Articles and Books of Interest

From SSRN:

Religious Law:

• Mohammed Khnifer, Maslaha and the Permissibility of Organized Tawarruq, (Opalesque Islamic Finance Intelligence, No. 8, p. 6-11, April 27. 2010).
• Rahul Shrivastava, Co Parcenary Rights of Daughters in Hindu Coparcenary In the light of Judgment of The Supreme Court Of India in: B Chandrashekhar Reddy v. State of Andhra Pradesh AIR 2003 SC 2322, (November 19, 2010).
• Mohammad Fadel, Is Historicism a Viable Strategy for Islamic Law Reform? The Case of 'Never Shall a Folk Prosper Who Have Appointed a Woman to Rule Them', (November 21, 2010).
• Mohammad Fadel, 'No Salvation Outside Islam': Muslim Modernists, Democratic Politics, and Islamic Theological Exclusivism, (November 21, 2010).

Non-U.S. Religious Institutions:

• Mitchell Landrigan, Voices in the Political Wilderness – Women in the Sydney Anglican Diocese, (Alternative Law Journal, Vol. 34, No. 3, 2009).
• Melissa A. Crouch, Implementing the Regulation on Places of Worship in Indonesia: New Problems, Local Politics and Court Action, (Asian Studies Review, Vol. 34, pp. 403-419, December 2010).

Same-Sex Marriage:

• Clifford J. Rosky, Just the Facts? Rethinking Same-Sex Marriage Law in Perry v. Schwarzenegger, (November 22, 2010).
• Wilson Ray Huhn, The Fourteenth Amendment Protects the Right to Same-Sex Marriage, (University of Akron Legal Studies Research Paper, Nov. 21, 2010).

Establishment and Free Exercise Issues:

• Steven Douglas Smith, Nonestablishment, Standing, and the Soft Constitution, (San Diego Legal Studies Paper No. 10-045, Nov. 22, 2010).
• Kevin Paul Lee, Free Exercise and Religious Mania: Neuroscience and Religious Free Exercise, (September 28, 2010).
• Lorenzo Zucca, The Classroom as a Tolerance Lab, (Law, Religious Freedoms and Education in Europe, Myriam Hunter Henin, ed., Ashgate, Forthcoming).
• Rose Jade, Current Research on the Human Experience of Spirituality Following the Ingestion of ‘Magic’ Psilocybin Mushrooms: An Annotated Bibliography for Social Workers and Other Health Care Professionals, (November 23, 2010).
• Deana Pollard-Sacks, Snyder v. Phelps, the Supreme Court's Speech-Tort Jurisprudence, and Normative Considerations, (Yale Law Journal Online, Forthcoming).

From SmartCILP and elsewhere:

• Michael J. Bazyler & Seth M. Gerber, Litigating the Pillage of Cultural Property in American Courts: Chabad v. Russian Federation and Lessons Learned, 32 Loyola L.A. International and Comparative Law Review 45-82 (2010).
• Jennifer Gerarda Brown, "For You Also Were Strangers in the Land of Egypt": How Procedural Law and Non-Law Enable Love for "Strangers" and "Enemies," 28 Quinnipiac Law Review 667-690 (2010).
• Stanley A. Goldman, The Jew Who Met Himmler--and Other Stories, 32 Loyola L.A. International and Comparative Law Review 1-18 (2010).
• J.H.H. Weiler, Editorial: State and Nation; Church, Mosque and Synagogue-- the Trailer, 8 I-Con: International Journal of Constitutional Law 157-166 (2010).
• Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations, Oct. 2010 revision, in PLI Course Handbook for Tax Strategies for Corporate Acquisitions.

Recent Books:

• John A. Ragosta, Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty, (Oxford Univ. Press, April 2010).
• Daniel Williams, God's Own Party: The Making of the Christian Right, (Oxford Univ. Press, Sept. 2010).

Ban On Kosher Slaughter of Poultry In New Zealand Lifted After Disclosure of Improper Considerations By Agriculture Minister

According to today's Jerusalem Post, two days before a scheduled court trial on New Zealand's ban on kosher slaughtering, the parties have reached a settlement that allows kosher slaughter of poultry to resume. The government has also agreed to negotiate on kosher slaughtering of sheep. As a practical matter, kosher beef and most kosher mutton is imported from Australia anyway. The ban was put in place because of concern that kosher slaughtering takes place without the animals first being stunned. (See prior posting.) A temporary stay during pending litigation was entered in August. (See prior posting.)

According to today's New Zealand Herald, the government's change of heart came after it was disclosed in a High Court opinion released Friday that Agriculture Minister David Carter had a conflict of interest and improperly considered trade issues when originally imposing the ban. The opinion also indicated that Carter was unaware that kosher chicken could not be imported and that importing kosher lamb was very expensive.  Carter owns shares in two companies that export meat to Muslim countries.  New Zealand requires stunning of halal slaughtered animals, a practice to which some Muslims object. Officials of Silver Fern Farms, one of the  companies in which Carter holds shares, told Carter that their trade with Muslim countries would be adversely affected if the country allowed kosher slaughter to proceed without stunning, but required it for halal meat.

Hindu Group Seeks To Reclaim Religious Roots of Yoga

Today's New York Times carries a front page article on the efforts by the Hindu American Foundation to acquaint Americans with the Hindu religious foundations of yoga.  Its "Take Back Yoga" campaign has created a controversy over whether the roots of yoga pre-date Hinduism. Dr. Aseem Shulka, co-founder of the Hindu American Foundation, says that Hinduism has become a victim of "overt intellectual property theft" through yoga teachers who have commercialized the religion's spiritual wealth.

Recent Prisoner Free Exercise Cases

In Luke v. Willliams, 2010 U.S. Dist. LEXIS 123752 (D OR, Nov. 18, 2010), an Oregon federal district court dismissed an Intensive Management Unit prisoner's claims that correctional facility employees infringed his free exercise, RLUIPA and equal protection rights by interfering with his ability to practice Wicca. He alleged they denied him the ability to bring religious items into the prison yard, did not have a full time Wicca volunteer and denied him books from the general population Chapel Library and items from the Internet.

In Zajrael v. Harmon, 2010 U.S. Dist. LEXIS 123829 (D AR, Nov. 22, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 123780, Nov. 10, 2010) and dismissed claims that an inmate's free exercise rights and his rights under RLUIPA were infringed when authorities confiscated from his cell religious books and study materials in excess of the number of books permitted for prisoners in administrative segregation.

In Stilton v. Albino, 2010 U.S. Dist. LEXIS 124717 (D NJ, Nov. 23, 2010), a New Jersey federal court rejected an inmate's free exercise claim that for 12 days he was denied access to his personal property, including his Bible.

Rabbi Hoping To Be First Jew Elected To Uganda's Parliament

The London Jewish Chronicle reported yesterday that in Uganda, a 41-year old rabbi hopes to become the first Jewish member of Uganda's parliament. Rabbi Gershom Sizomu, who grew up in the country under Idi Amin, hopes to win a seat in February's elections to represent the area of Bungonkho North in the city of Mbale.  Sizomu is a member of the Abayudaya Jewish community founded by a military chieftain 91 years ago. Sizomu's campaign is centered on raising medical standards.  His campaign manager is a Muslim.  Some supporters of Sizomu's Muslim opponent are using religion as an issue-- urging residents to vote for a fellow-Muslim and raising fears that Sizomu could convert many Muslims to Judaism.

British Teen Charged After Facebook Posting of Her Burning Qur'an

The London Guardian yesterday reported that a 15-year old girl from a town near Birmingham has been arrested on suspicion of inciting religious hatred after she posted on Facebook a video of her burning an English language translation of the Qur'an. She has been released on bail. The video has now been removed and the incident was reported to the girl's school where it took place with other students looking on.

Court Rejects Challenges By Members To Their Expulsion From Religious Organization

In Khan v. Fiji Jamaat-Ul Islam of America, (CA Ct. App., Nov. 23, 2010), a California appellate court rejected a challenge by two individuals to their expulsion from membership in a religious organization by the organization's board.  The court said:

Here, the lower court found that Fiji Jamaat’s evidence established a deliberative process that was religious in nature. Specifically, the court found that the decision to expel appellants was based on a consideration of whether appellants’ conduct was improper, unbecoming, or likely to endanger the interest of Fiji Jamaat based upon the religious beliefs of the organization. This presents an ecclesiastical question, and the court correctly refused to consider appellants’ contentions pertaining to the reasons for expulsion in greater depth. The trial court stated that Fiji Jamaat abided by the terms of the bylaws for termination of membership, provided adequate notice of the charges brought against appellants, and afforded them an opportunity to be heard.

Atheist and Catholic Groups Compete Over Holiday Displays

A press release from American Atheists issued on Tuesday describes the latest jousting over holiday displays between the Atheist group and a Catholic organization that wants nativity scenes displayed this year in all 50 state capitols:

The Catholic League for Religious and Civil Rights announced over the weekend that it was purchasing and shipping the displays along with a letter to every governor claiming that the crèches would pass constitutional muster. League President Bill Donohue added that this was in reaction to a huge American Atheists billboard going up on November 27 at the entrance to the Lincoln Tunnel. The sign depicts the Christian nativity and Star of Bethlehem, declaring "You KNOW It's a Myth!"...

"The fact that the League is paying for the crèches does not automatically make them constitutional," said [AA President David] Silverman. "The governors will also have to welcome in a variety of secular displays -- and American Atheists feels that it is appropriate that they also have the opportunity to include something from Atheists and other non-believers."..... "We are offering to send every governor a placard with a reproduction of our [Lincoln Tunnel] billboard, and letter asking for 'equal time' in the public square next to the Catholic League display." ... [This will] test the commitment of state governments to Supreme Court guidelines on the matter, and free speech.

UPDATE: UPI shows a photo of the small creche that the Catholic League has sent to each governor for display in the capitol rotunda next to its Christmas tree. The League also informed each governor that its monthly journal Catalyst has published the names of each governor's chief of staff so readers can contact them if the creche does not appear.

White House Receives Report Urging More Faith-Based Involvement In Health and Development

On Tuesday, over 80 religious leaders and Obama administration officials gathered at the White House to receive a report from the newly formed Global Initiative for Faith, Health and Development. (OFNP Press release .) An 83-member international task force prepared the report which lays out a framework for engaging faith communities in advancing the cause of health and development. (Center for Interfaith Action press release.) The report, Many Faiths, Common Action: Increasing the Impact of the Faith Sector on Health and Development, among other things, recommends increasing collaboration within the faith community and with secular actors.

On a related matter, the White House announced that next Monday, First Lady Michelle Obama will host a conference call with faith and community leaders to obtain their involvement in her Let's Move! campaign to end childhood obesity.

Facebook Helps Israeli Army Find Women Falsely Claiming Religious Military Exemption

In Israel last Monday two Knesset (Parliament) committees held hearings on the exemption from military service granted to religiously observant Jewish women under present law.  According to the Jerusalem Post, women may obtain an exemption by signing a declaration that they maintain a religious life style, including not traveling on the Sabbath and eating only kosher food.  35% of Jewish women have signed such a declaration, but the army estimates that thousands of these are false.  Army investigators have used innovative techniques to discover the women who have filed false declarations according to committee testimony from Brig.-Gen. Amir Rogovsky.  Through Facebook, IDF investigators have discovered 1000 women who have lied. Some of the women posed for Facebook photos in immodest clothing that would not be worn by Orthodox women. Another woman was shown in a Facebook photo eating at a non-kosher restaurant. Investigators also sent invitations to Friday night parties to some women and caught those responding that they would attend.

Quebec Court Permits Class Action In Clergy Sex Abuse Case

In the Canadian province of Quebec, a Superior Court judge has for the first time in Quebec approved the filing of a class action on behalf of clergy sex abuse victims. Yesterday's Montreal Gazette reports that the suit has been brought against a religious order, Congregation du Tres-Saint-Redempteur, on behalf of all students of Seminaire Saint-Alphonse, in Ste. Anne de Beaupre, who were sexually abused by priests between 1960 and 1987. At least five priests, including the school's former director were involved. The suit alleges that the priests planned among themselves which boys would be victims.

Florida County Sues Homeowners Association Charging Religious Discrimination

On Tuesday, Hillsborough County, Florida filed a federal lawsuit against the Lake St. Clair Homeowners Association in Apollo Beach charging discrimination against an Orthodox Jewish homeowner who was a member of the association.  According to today's St. Petersburg (FL) Times, the lawsuit charges that in 2005 current homeowners association president James Knott told resident Richard D. First: "Your kind of people are not welcome here."  More recently in response to a request by First to see homeowner association records, First was told by Knott that board members were available only on Friday afternoons and Saturdays-- timing that would violate First's observance of the Sabbath. Knott denies charges of discrimination, saying that "First likes to run his mouth" and has "turned ... people off."

Iranian Christian Pastor Sentenced To Death For Apostasy

According to BosNewsLife, in Iran on Tuesday the 11th Chamber of the Assize Court in Gilan province sentenced Christian pastor Yousef Nadarkhani to death by hanging for apostasy.  Nadarkhani was born a Muslim, but converted to Christianity at age 19.  He has organized a house church and evangelical meetings inviting others to convert to Christianity. He was arrested after protesting enforced reading of the Qur'an.  Under Iranian law, the defendant has 20 days from the date the written verdict is handed donw to appeal to the Supreme Court.  No one has been executed for apostasy in Iran since 1990.

President Obama Issues Thanksgiving Proclamation

On Tuesday the White House issued a Presidential Proclamation declaring today as a "National Day of Thanksgiving." The Proclamation reads in part:

Thanksgiving Day is a time each year, dating back to our founding, when we lay aside the troubles and disagreements of the day and bow our heads in humble recognition of the providence bestowed upon our Nation.... 

In confronting the challenges of our day, we must draw strength from the resolve of previous generations who faced their own struggles and take comfort in knowing a brighter day has always dawned on our great land. As we stand at the close of one year and look to the promise of the next, we lift up our hearts in gratitude to God for our many blessings, for one another, and for our Nation. This Thanksgiving Day, we remember that the freedoms and security we enjoy as Americans are protected by the brave men and women of the United States Armed Forces....

This harvest season, we are also reminded of those experiencing the pangs of hunger or the hardship of economic insecurity.