Recent Articles and Books of Interest

From SSRN:

• Yuksel Sezgin, How to Integrate Universal Human Rights into Customary and Religious Legal Systems?, (Journal of Legal Pluralism, Vol. 60, 2010).
• Yuksel Sezgin, The Israeli Millet System: Examining Legal Pluralism through Lenses of Nation-Building and Human Rights, (The Israel Law Review, Vol. 43, No. 3, 2010).
• Benjamin L. Berger, The Abiding Presence of Conscience: Criminal Justice Against the Law and the Modern Constitutional Imagination, (University of Toronto Law Journal, Vol. 61, No. 4, 2011).
• Quirine Eijkman, Has the Genie Been Let Out of the Bottle? Ethnic Profiling in the Netherlands, (Public Space: The Journal of Law and Social Justice, Vol. 5, pp. 27-48, 2010).

Other Articles:

• Mark L. Rienzi, An Abortion Exception to the First Amendment? Evaluating Recent Efforts to Regulate Speech About Pregnancy Options, Engage Volume 11, Issue 3, December 2010.

Recent Books:

• Frank S. Ravitch, Marketing Intelligent Design-- Law and the Creationist Agenda, (Cambridge Univ. Press, Oct. 2010).
• Timur Kuran, The Long Divergence-- How Islamic Law Held Back the Middle East, (Princeton University Press, Nov. 2010).
• Olivier Roy, Holy Ignorance: When Religion and Culture Part Ways, (Columbia Univ. Press, Dec. 2010).
• Jean Porter, Ministers of the Law: A Natural Law Theory of Legal Authority, (Eerdmans, Oct. 2010).

Nevada Supreme Court Dismisses Personhood Amendment Appeal As Moot

In Personhood Nevada v. Bristol, (NV Sup. Ct., Dec. 30, 2010), the Nevada Supreme Court dismissed as moot an appeal from a lower court ruling that held a proposed ballot initiative to be in violations of state law because it embraces more than one subject. (NRS 295.009). The proposed constitutional amendment read: "In the great state of Nevada, the term 'person' applies to every human being." The trial court also suggested that proponents' description of the effect of the amendment was improper. After the lower court opinion, proponents did not go ahead with collecting signatures on their initiative petition. The Supreme Court concluded that this made the case moot, even though proponents are planning to file a similar initiative petition in 2012.  It also made clear that because appellate review was precluded, the lower court ruling will have no preclusive effect in later litigation. The Las Vegas Sun reports on the decision. [Thanks to Pew Sitter for the lead.]

Congressional Hearings Planned On Radicalization of US Mosques

The Forward reported last week that New York Congressman Peter King, who will become chairman of the House Committee on Homeland Security when the new Congress convenes, is planning to hold hearings on claimed radicalization of mosques in the United States.  Ibrahim Hooper, spokesman for the Council on American-Islamic Relations, says the hearings promise to be a "show trial" that will "serve to marginalize American Muslims." King, once a supporter of the Irish Republican Army, cites some who contend that that extremists are in leadership positions in at least 80% of American mosques.

Egyptian Church Bombed; Pope Calls For Religious Freedom

Pope Benedict XVI's New Year's message focused on the need for religious freedom around the world, condemning both secularism and fundamentalism. (Zenit.)  Fox News reports that the pope's message was delivered shortly after a New Year's Eve bomb blast at a Coptic Christian church in Alexandria, Egypt killed at least 21.  BBC News reports that at least 70 others were injured in the blast which was condemned a few hours afterwards by Egyptian President Hosni Mubarak.  In a rare television broadcast, Mubarak said the attack was a "terrorist operation which carries, within itself, the hallmark of foreign hands which want to turn Egypt into another scene of terrorism like elsewhere in the region and the wider world." Hundreds of Copts clashed with police and local Muslims in reaction to the bombing. Today, President Obama issued a statement (full text) condemning the Alexandria bombing, as well as a terrorism attack on an army barracks in Nigeria.

Happy New Year 2011 To Religion Clause Readers!

Dear Religion Clause Readers:

Happy New Year! As we enter 2011, I want to again thank all of you who read Religion Clause-- both long time followers and those who have joined us more recently. And thanks to all of you who send me leads to new developments or who alert me to needed corrections or to your concerns about coverage of particular developments. These help me in my attempts to be complete and accurate. I read all of your e-mails and appreciate receiving them, even though I cannot always acknowledge them. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want me to mention you, I will be happy to honor that request if you let me know when sending me information.

It has been a good year for Religion Clause blog. It was nominated by the American Bar Association as one of the top 100 legal blogs in 2010.  The site meter shows that the blog has attracted nearly 917,000 visits since I created it in 2005. Approximately 244,000 of these visits were registered in 2010-- a small increase over 2009. Accessing Religion Clause through its Twitter feed (@ReligionClause) appears to be increasingly popular.

Religion Clause's established format of neutrality, broad coverage and links to extensive primary source material has made it a widely-recognized authoritative source for keeping up on church-state and religious liberty developments around the world. I am pleased that my regular readers span the political and religious spectrum.  If you have any general comments or suggestions for Religion Clause's upcoming year, feel free to e-mail me at religionclause@gmail.com .

Best wishes for 2011!

Howard M. Friedman

Bowing To Pressure, Pakistan Government Says It Will Not Propose Change In Blasphemy Law

In the face of a call by Islamic political parties for a general strike today (see prior posting), Pakistan's Federal Minister for Labor and Religious Affairs told a press conference yesterday that the government would not amend Pakistan's blasphemy law.  Pakistan's Daily Times reports that Minister Syed Khursheed Ahmed Shah asked that the strike call be cancelled after giving assurances Wednesday on the floor of the National Assembly that no proposal regarding the blasphemy law was being presented. Nevertheless, according to Dawn, the strike was being observed today in major cities around the country, with religious leaders saying assurances that no repeal is planned need to come from the President or Prime Minister. (Dawn).  Because of the strike, no public transportation was available in Karachi, and major markets and business centers were closed in a number of other cities.  Reuters says the strike has more to do with politics than religion, as the ruling Pakistan People's Party works to keep its coalition from breaking up. Meanwhile, civil society organizations are protesting against the blasphemy law and the judicial structures that enforce it. Protesters in Islamabad yesterday demanded that the government stand up to religious forces and repeal the law. They also called for the immediate release of Aasia Bibi, the high profile Christian defendant who has been sentenced to death for blasphemy. (See prior posting.)

Lebanese Official Proposes Ban on Land Sales Between Christians and Mulsims

In Lebanon, Labor Minister Butros Harb, concerned about demographic changes being caused by the sale of Christian-owned land to Muslims, has proposed a new law that would prohibit Christians and Muslims from selling land to each other for a period of 15 years. Lebanon's Daily Star today reports that the proposal, which will be submitted to the Cabinet for discussion, will likely draw criticism. However proponents say it is necessary to reassure Christians and safeguard national co-existence in the face of large scale land sales which some say have political and military objectives.

Vatican Adopts Anti-Money Laundering and Other International Monetary Rules

The Vatican yesterday took several related steps to come into compliance with the anti-money laundering and anti-terrorism financing norms created by the intergovernmental Financial Action Task Force. The moves, which implement the 2009 Monetary Convention Between the Vatican City State and the European Union, were previewed by a USA Today article on Wednesday.  The Vatican's action comes as Italian courts refused to release funds of the Vatican Bank seized in September by Italian authorities in a money laundering investigation. (See prior posting.)  As summarized by a communique issued yesterday by the Vatican's Secretariat of State (full text), the Vatican adopted four new laws: (1) a law to prevent money laundering and financing of terrorism; (2) a law on fraud and counterfeiting; (3) a law on Euro banknotes; and (4) a law regarding Euro coins.

In a related action, Pope Benedict XVI yesterday issued an Apostolic Letter Motu Proprio (full text) decreeing that the new laws implementing the Monetary Convention are to apply to all entities related to the Vatican, which includes the Vatican Bank. [corrected- thanks Marc Puckett]. The Pope also set up a new agency, the Autorita di Informazione Finanziaria (AIF), to implement the new laws, and conferred jurisdiction on Vatican judicial bodies to to exercise penal jurisdiction over money laundering and terrorism financing offenses. The new laws take effect April 1, 2011.

A release from the Vatican Press Office commenting on the new laws says in part:

Today's publication of new laws for Vatican City State, for the dicasteries of the Roman Curia and for the Institutions and Entities dependent on the Holy See, is an important normative development, but also has far-reaching moral and pastoral significance.

As of today, all organisations associated with the government of the Catholic Church - and with the Church's "support": Vatican City State - have, in a spirit of sincere collaboration, become part of that system of juridical principles and instruments which the international community is creating with the aim of guaranteeing just and honest coexistence in an increasingly globalised world... 

New York Times Pans Architectural Developments In Mecca

The New York Times carries an article, appearing on the front page of its print edition today, that is highly critical of the architectural design of the many new projects being built in Saudi Arabia in the center of the holy city of Mecca. Here is a sampling of the criticism:

It is an architectural absurdity. Just south of the Grand Mosque in Mecca, the Muslim world’s holiest site, a kitsch rendition of London's Big Ben is nearing completion.... [I]t will be ...  the centerpiece of a complex that is housing a gargantuan shopping mall, an 800-room hotel and a prayer hall for several thousand people. Its muscular form, an unabashed knockoff of the original, blown up to a grotesque scale, will be decorated with Arabic inscriptions and topped by a crescent-shape spire in what feels like a cynical nod to Islam’s architectural past. To make room for it, the Saudi government bulldozed an 18th-century Ottoman fortress and the hill it stood on....

The city’s makeover ... reflects a split between those who champion turbocharged capitalism and those who think it should stop at the gates of Mecca, which they see as the embodiment of an Islamic ideal of egalitarianism.

The Saudi government says the new construction is needed to accommodate the growing number of Muslims who make the pilgrimage to Mecca.

Jail Chaplain Settles Her Lawsuit Against Sheriff and County

Tuesday's Brownsville (TX) Herald reports on the settlement of a federal lawsuit brought last year by volunteer jail chaplain Gail Hanson against Cameron County, Texas and Sheriff Omar Lucio after Lucio banned Hanson from the county's jails. Hanson says the ban was imposed because she criticized jail operations and the treatment of female inmates.  Lucio counters that Hanson created a security risk by becoming too emotionally involved with some of the inmates. Under the settlement agreement, Hanson will have to give notice to the county and give it a reasonable time to correct the situation before she speaks out in a public forum or to the media about any jail conditions of concern to her. She also agreed that she would report to law enforcement officials any conduct that she believes is a criminal offense, and agreed not to pass messages between inmates. In return she will be allowed back in the jails to provide counseling and religious services for inmates, and jail staff will be instructed to treat her with respect. The county will also pay $25,000 of legal fees incurred by Hanson.

AALS Law and Religion Section Publishes 2010 Bibliography

The Association of American Law Schools Section on Law and Religion has issued its December 2010 Newsletter which includes a 23-page bibliography of the year's books, articles and blogs on law and religion.

40% of Americans Believe In Creationism-- Down From Prior Polls

A Gallup poll released earlier this month shows that 40% of Americans believe in creationist theory. They said they agree with the statement: "God created human beings pretty much in their present form at one time in the last 10,000 years or so." This is the lowest percentage that believe this in the history of Gallup's asking this question.  In the poll just released, 38% of those surveyed instead chose the statement: "Human beings have developed over millions of years from less advanced forms of life, but God guided this process."  Finally 16% chose the response: "Human beings have developed over millions of years from less advanced forms of life, but God had no part in this process." The survey showed that those with less formal education were more likely to hold creationist views, as were Republicans and those who attend church weekly. [Thanks to Alliance Alert for the lead.]

Restaurant's Christmas Promotion Leads To Police Investigation In Maldives

Only Muslims may become citizens of the Maldives. However apparently some number of Christian expatriates live in the country. So the Jade Bistro cafe-- a restaurant that appeals to various nationalities-- was decorated for Christmas and offered a "festive" luncheon over the Christmas period. According to yesterday's Minivan News, this led Sheikh Hussein Rasheed, head of the Adhaalath Party, to file a complaint with the police who briefly arrested one person at the cafe to obtain more information. Sheikh Hussein says that it is unlawful to celebrate Christmas in the Maldives. Management of the Jade Bistro issued an apology, saying they had not intended to upset anyone. They were merely offering a traditional meal with friends for those who were away from home.

Indian Court Interprets Reach of Hindu Marriage Act

In India, the Delhi high court has issued a ruling clarifying the scope of the Hindu Marriage Act.  According to DNA, Justice Kailash Gambhir held that in order for the Act to be applicable to a divorce action, both husband and wife must have been Hindus at the time of the marriage. It is not enough that the marriage was solemnized in a Hindu ceremony if one of the spouses was of a different religion.

Group Challenges Sheriff's Donation of Jail Basketball Hoops To Churches

A letter sent Tuesday by Atheists of Florida is challenging as an Establishment Clause violation the decision of Polk County (FL) sheriff Grady Judd to remove basketball hoops, backboards and poles that are at the county jail and donate them to eight local churches. According to Fox News, Judd said it gave the wrong impression to people driving to see inmates playing basketball. Inmates will still have three hours a week recreation time, but will now be limited to activities such as jogging and push-ups. The Examiner reports that it is unclear whether secular charities were considered to receive the basketball equipment and why the equipment was not sold as surplus property.

5 Arrested Planning Terror Attack On Danish Paper That Published Muhammad Cartoons

Four men were arrested in Denmark and one in Sweden today, suspected of plotting an attack on the Danish newspaper Jyllands-Posten that in 2005 published the now-famous cartoons of the Prophet Muhammad. (See prior posting.) The New York Times reports that the four arrested in Denmark had entered the country from Sweden and were planning within a few days to break into the newspaper and kill as many people as possible.

New Controversy In Israel Over Government Subsidies For Religious Students

The New York Times reported yesterday on the growing debate within Israel over government subsidies for thousands of strictly Orthodox (haredi) students who study full time at religious seminaries.  Rabbi Chaim Amsellem, a member of the Knesset from the religious Shas Party, created a furor last month when urged that full-time state-financed religious study should be reserved for students who are particularly well qualified scholars and likely to become rabbis or religious court judges. He says the others should join the work force. In reaction his own party expelled him and attacks in a Shas newspaper describing him as "Amalek" led to his being assigned a bodyguard. A number of efforts are underway to bring haredim into the workforce. 56% of haredim currently live below the poverty line.

Atheist Will Deliver Invocation At City Council Session In Colorado

In 2008, Grand Junction City, Colorado city council adopted a resolution creating a more inclusive process for choosing those who may offer the invocation at council meetings. Any spiritual organization in the community may place its name in a lottery for selection. According to Denver Westward Blogs, for the first time in the city's history an atheist will deliver the invocation.  For the January 3 meeting, the Western Colorado Atheists and Freethinkers was chosen in the lottery and Joe Alaimo, representing the Church of Spiritual Humanism will open council's session. [Thanks to Scott Mange for the lead.]

DC Mayor's Inauguration Prayer Service Rejects Request for Participation By Humanist Practitioner

The schedule for the January 2 inauguration of Washington D.C.'s mayor-elect Vince Gray begins with an interfaith prayer service. According to a press release yesterday from the Secular Coalition for America (SCA), their request that a Humanist Celebrant be included as part of the service has been turned down on the ground that the prayer service is already set. SCA says that while the Mayor's transition team said they wished SCA had contacted them sooner, SCA made its request for participation within hours after the "One City ... Praying Together" event was publicly announced.

Britain's House of Commons Will Create Multi-Faith Chaplaincy

The Speaker of Britain's House of Commons is backing a proposal by the current Chaplain of the House of Commons to create a team of non-salaried multi-faith chaplains for Parliament's lower house.  Sunday's London Telegraph reported that the new chaplains will represent the Muslim, Hindu, Buddhist, Janist, Bah'ai and Zoroastrian faiths. They could take part in Parliamentary ceremonies, but constitutional reform will be required for a non-Anglican cleric to read the daily prayers.  Apparently their primary role will be a pastoral one for members of the House of Commons and their staffs.