Israel's High Court Allows Voluntary Sex-Segregated Buses

Haaretz and YNet News both report on a decision handed down yesterday by Israel's High Court of Justice that allows sex-segregated public buses that serve strictly Orthodox communities to continue on a voluntary basis.  The so-called "Mehadrin" (extra-Kosher) bus routes-- about 50 in all-- were created to satisfy strictly Orthodox Jews whose religious traditions require separation of men and women. However a lawsuit challenging the practice was filed by a group of women and the Israel Religious Action Center in 2007 after women who refused to sit in the back of buses complained about being harassed. (See prior posting.)

Israel's High Court essentially accepted recommendations of the Transportation Ministry that the routes continue, but that no woman can be coerced into complying with the voluntary sex segregation. In its opinion, however, the Court found mandatory sex-segregation illegal. Justice Elyakim Rubenstein, invoking analogies from U.S. law, wrote:

A public transportation operator, like any other person, does not have the right to order, request or tell women where they may sit simply because they are women. They must sit wherever they like. As I now read over these lines emphasizing this, I am astounded that there was even a need to write them in the year 2010. Have the days of Rosa Parks, the African-American woman who collapsed the racist segregation on an Alabama bus in 1955, returned?

The Court ordered the Transportation Ministry to place signs in all the Mehadrin buses stating that any passenger is free to sit anywhere, and that harassing a passenger on the issue may constitute a criminal offense. During a 30 day trial period, the Ministry must conduct both open and covert inspections to see that the plan is working and must create a complaint center to receive complaints from women who believe they have been treated improperly in this regard. A broader report titled Excluded, for God's Sake: Gender Segregation in Public Space in Israel was published last November by the Israel Religious Action Center.

Court Rejects Church's Objection To Historical Designation

In Roman Catholic Bishop of Springfield v. City of Springfield, 2011 U.S. Dist. LEXIS 345 (D MA, Jan. 4, 2011), a Massachusetts federal district court rejected a number of constitutional challenges as well as a challenge under RLUIPA to action declaring a closed Springfield, Massachusetts Catholic church to be a local historic district. The action subjects the church to oversight by the Historical Commission in altering physical aspects of the church building, possibly including religious iconography. The diocese argued that the process of deconsecrating the church might be impeded by this requirement. The court found that the only issue before it was whether the requirement to file an application before attempting to alter or demolish the building imposed unconstitutional or illegal conditions. The court found that it did not. If a plan is formulated and the Historical Commission rejects it, then, according to the court, further judicial consideration could be in order.

Iran Arrests Christian Missionaries

According to AFP, Iran's state news agency announced on Tuesday that a number of Christian missionaries have been arrested in Tehran province. Provincial governor Morteza Tamaddon has promised to detain more, saying:

Just like the Taliban... who have inserted themselves into Islam like a parasite, they have crafted a movement with Britain's backing in the name of Christianity. But their conspiracy was unveiled quickly and the first blows were delivered to them.

Elam reports the number initially arrested in early morning raids the day after Christmas was 25, but that eleven of those have been released. The remaining 14 are still in prison. Unconfirmed reports indicate additional arrests.

New Mexico's Attorney General Says Out-of-State Gay Marriages Are Valid In State

New Mexico's Attorney General, in Opinion No. 11-01 (Jan. 4, 2011), has ruled that same-sex marriages which are valid under the law of the state or country where the marriage was consummated are likewise valid in New Mexico. Attorney General Gary King reasoned that while the federal Defense of Marriage Act permits states to prohibit recognition of out-of-state same-sex marriages, New Mexico has not enacted a prohibition on their recognition. Therefore principles of comity codified in New Mexico law, that call for recognition of marriages validly performed elsewhere, control. Even though same-sex marriages cannot be performed in New Mexico, that is not enough to bring them within the exception to the comity principle that applies when a marriage is contrary to the state's public policy. Yesterday's Santa Fe New Mexican reports on the Opinion. [Thanks to Alliance Alert for the lead.]

Suit Challenges Zoning Refusal For Christian School

On Tuesday, a Christian school in Upper Arlington, Ohio filed suit in federal court claiming violations of RLUIPA, of the 1st and 14th Amendments and of Ohio's constitution.  The case stems from the city's rejection of the school's attempt to apply for zoning approval of a new site on which the school planned to consolidate its four separate campuses. The complaint (full text) in Tree of Life Christian Schools v. City of Upper Arlington, Ohio, (SD OH, filed 1/4/2011), argues that other similar or identical uses-- such as child day care centers and hotels-- are allowed by the city's zoning rules. In its press release announcing the filing of the lawsuit, Alliance Defense Fund said: "A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school...."

Delaware Diocese To File Modified Bankruptcy Reorganization Plan

The Wilmington (DE) News Journal yesterday reported that next week the Roman Catholic Diocese of Wilmington, Delaware, currently in bankruptcy court (see prior posting), will file a new reorganization plan that will offer higher settlements to some 150 clergy abuse victims who have sued.  The increased amounts are possible because under the new plan individual parishes and religious orders will contribute to the settlement pool. Further complications could arise, however, as on Tuesday a group of non-ordained church employees filed suit in bankruptcy court seeking to prevent $4.4 million of its pension funds from being included in the pool used to compensate abuse victims.

Alleged Assassin of Pakistani Governor Has Supporters

As previously reported, in Pakistan on Tuesday Salman Taseer, governor of Punjab province, was assassinated by one of his own security guards who was angered by Taseer's support for a pardon for Aasia Bibi, the Christian woman recently sentenced to death for blasphemy. While police charged the shooting suspect, Malik Mumtaz Hussain Qadri, with murder, terrorism and violence, Qadri also has supporters. AP reported yesterday on Qadri's first appearance in court:

A rowdy crowd slapped Malik Mumtaz Hussain Qadri on the back and kissed his cheek as he was escorted inside the court today. Lawyers not involved in his case tossed rose petals, while hundreds of sympathisers chanted slogans in his favour and one gave him a flower necklace.

According to a report from 660 News Radio,  a group of influential clerics and scholars from the anti-Taliban Barelvi sect praised Taseer's assassination. A statement from their organization, Jamaat Ahle Sunnat, said: "The supporter is as equally guilty as one who committed blasphemy," and warned that a lesson should have been learned from Taseer's "exemplary death."

Articles Suggest Religious Liberty Trends For Next Decade

Associated Baptist Press yesterday carried three interesting pieces projecting future trends in religious liberty and church-state matters.  In answers to questions about religious freedom trends for 2011 and for the next decade, George Washington University law professor Ira "Chip" Lupu focused on issues that included more-assertive atheism, gay rights and anti-Muslim cultural attitudes in Europe. A similar interview with church-state expert Melissa Rogers included items such as the growing number of individuals who claim no religious affiliation, the debate over conscience clauses issues in health care matters, and possible debates about Mormonism if Mitt Romney runs for president in 2012. Both experts had much more to say, so that a full read of their responses is worthwhile. Finally ABP carried an article by ABP managing editor Robert Marus setting out further analysis of some of the trends suggested by Lupu and Rogers.

Army's "Spiritual Fitness" Assessment Is Criticized As Church-State Violation

Over the last week or so, criticism of the U.S. Army's Comprehensive Soldier Fitness assessment program has been growing from supporters of church-state separation. According to an Army website:

Beginning at accession, each recruit will be confidentially assessed using the Global Assessment Tool, a survey that determines the psychological strength of the individual. Soldiers will be re-assessed throughout their career, helping them monitor and control personal growth. Based on the assessment, CSF will offer a menu of appropriate self-development opportunities to Soldiers.

The assessment includes questions on "spiritual fitness." According to a Dec. 29 letter from the Freedom from Religion Foundation to the Secretary of the Army questioning the constitutionality of the evaluation, soldiers are asked to indicate how they identify with statements such as "I am a spiritual person." FFRF says that soldiers scoring low on spiritual fitness are furnished training modules that contain explicit and implicit religious references. On Dec. 30, the Military Religious Freedom Foundation also sent a letter to the Pentagon arguing that the program violates the Establishment Clause and demanding that it be ended. Yesterday, Truthout ran a long article by reporter Jason Leopold critical of the program. A Jan. 3 post at God and Country blog defends the program, saying in part:

The "scandal" over the Army’s SFT would be a tempest in a teapot — if it was a tempest at all. Instead, its an imagined (or contrived) offense..... The Army is fighting an uphill battle in stemming suicides, and helping Soldiers understand the value of their own lives — their meaning, purpose, and connection — is a reasonable, noble, and secular effort to that end.

Milwaukee Catholic Archdiocese Files For Chapter 11 Bankruptcy Reorgainzation

The Milwaukee (WI) Archdiocese yesterday became the eighth Roman Catholic diocese in the United States to file for Chapter 11 bankruptcy reorganization. The New York Times reports that the filing comes after the collapse of negotiations last month between lawyers for 23 individuals who have sued or are threatening to sue for clergy sexual abuse. Also in November a state appellate court ruled that insurance companies are not bound to contribute to a settlement.  The Archdiocese has offered a settlement of $4.6 million [corrected], but victims insist that there also be a series of reforms including release of the names and personnel files of every priest accused of abuse. The Archdiocese says it has released the names of priests that have been found by independent review boards to have been "credibly accused." The Archdiocese has posted a web page that includes links to extensive information on the reorganization.

9th Circuit: Mt. Soledad Cross Violates Establishment Clause

In Jewish War Veterans v . City of San Diego, (9th Cir., Jan. 4, 2011), the U.S. 9th Circuit Court of Appeals held that the Mt. Soledad Memorial featuring a 43-foot high cross conveys a government message of endorsement of religion that violates the Establishment Clause. The land on which the Memorial sits is currently owned by the federal government which seized it by eminent domain in the midst of state constitutional challenges to the Memorial. (See prior posting.) The constitutionality of the Memorial has been the subject of litigation for the past 20 years. The court held that while Congress' purpose in acquiring the Memorial was primarily secular, the government's action violates the "effects" prong of the Lemon test. Here are some excerpts from the 50-page opinion:

For most of its life, the Memorial has consisted of the Cross alone. The Cross is the third in a line of Latin crosses that has stood on Mount Soledad since 1913..... There was no physical indication that the Cross was intended as a war memorial, however, until a plaque was added to the site in 1989, after litigation over the Cross had begun. At the same time, the Cross’s religious nature has been widely recognized and promoted since it was first erected.... The Cross’s importance as a religious symbol has been a rallying cry for many involved in the litigation surrounding the Memorial.... La Jolla—where the Memorial is located and serves as a prominent landmark—has a history of anti-Semitism that reinforces the Memorial’s sectarian effect....

The use of such a distinctively Christian symbol to honor all veterans sends a strong message of endorsement and exclusion. It suggests that the government is so connected to a particular religion that it treats that religion’s symbolism as its own, as universal. To many non-Christian veterans, this claim of universality is alienating...

In reaching its conclusion, however, the court added:

This result does not mean that the Memorial could not be modified to pass constitutional muster nor does it mean that no cross can be part of this veterans’ memorial. We take no position on those issues.

The Los Angeles Times reports on the decision.

Ugandan Court Enjoins Tabloid From Outing Gays

In Jacquelin v. Rolling Stone Ltd., (Uganda H.C., Dec. 30, 2010), a Ugandan trial court awarded monetary damages to three plaintiffs who were among those exposed by the tabloid Rolling Stone as gay. The paper (no connection to the US publication of the same name) called for gays they named to be hanged  because "they are after our kids." The court held that the tabloid had violated the plaintiffs' constitutionally protected right to privacy and their right to human dignity and protection from inhuman treatment. The court also issued an injunction restraining the tabloid from further publishing the names or identifying the homes of homosexuals. Human Rights First and AOL News report on the decision and the reactions of those on both sides of the controversy.  Rolling Stone editor Giles Muhame says he will defy the court order and publish more names this week end. He also says he plans to appeal the decision.

9th Circuit Issues Opinions on Standing, Recusal In Proposition 8 Challenge

Yesterday in Perry v. Schwarzenneger -- the challenge to the constitutionality of California's Proposition 8 that bars same-sex marriage-- the U.S. 9th Circuit Court of Appeals issued two opinions relating to standing of various intervenors. Judge Reinhardt filed a concurrence.  Rinehardt separately filed an opinion explaining his earlier decision to refuse to recuse himself in the case.

In the first per curiam opinion, the 9th Circuit found that that Imperial County, its Board of Supervisors and a Deputy Clerk all lacked standing to appeal the district court's order finding Proposition 8 unconstitutional.  In the second per curiam opinion, the 9th Circuit certified to the California Supreme Court the question of whether under California law "official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the initiative’s validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refuse to do so."

Judge Reinhardt's concurrence attempted to explain why standing was a problem in the case, and expressed his frustration with the posture of the case. It said in part:

There can be little doubt that when the Plaintiffs filed this action their purpose was to establish that there was a constitutional right to gay marriage, and to do so by obtaining a decision of the Supreme Court to that effect. Yet ... the complaint they filed and the injunction they obtained determines only that Proposition 8 may not be enforced in two of California’s fifty-eight counties.... [I]t is clear that ... Plaintiffs could have obtained a statewide injunction had they filed an action against a broader set of defendants.... Why preeminent counsel and the major law firms of which they are a part failed to do that is a matter on which I will not speculate.

Next, the problem of standing would have been eliminated had the Governor or the Attorney General defended the initiative, as is ordinarily their obligation. Because they believed Proposition 8 to be unconstitutional, they did not do so here. Whether their decision not to defend the initiative was proper is a matter of some debate, although I sympathize with their view that in extraordinary circumstances they possess that right....

Imperial County, one of the counties that voted in favor of Proposition 8, sought to intervene, but for some unknown reason attempted to do so through a deputy clerk who asserted her own rights instead of through the Clerk.... Again, this was a most puzzling legal decision. While we have not ruled as to whether the Clerk would have had standing, we have held that a deputy clerk does not. There are forty-two counties that voted in favor of Proposition 8. Surely [proponents]... could have found a Clerk who would have presented the issue whether a Clerk rather than a deputy has standing.

Finally Judge Reinhardt filed a Memorandum explaining his earlier refusal to recuse himself. (See prior posting.) Reinhardt's wife is head of the Southern California chapter of the ACLU and in that role has been an outspoken opponent of Prop 8. Also the ACLU joined in two amicus briefs filed at the district court level in the case. Reinhardt said in part:

Proponents' contention that I should recuse myself due to my wife's opinions is based upon an outmoded conception of the relationship between spouses.... [H]er views regarding issues of public significance are her own, and cannot be imputed to me, no matter how prominently she expresses them....

The San Francisco Chronicle reports on the decisions.

5th Circuit: Late Filing of Religious Discrimination Claim Rejected

In Harris v. Boyd Tunica Inc., (5th Cir., Dec. 20, 2010), the U.S. 5th Circuit Court of Appeals refused to apply the doctrine of equitable tolling to permit a Title VII religious discrimination claim to be filed more than 90 days after plaintiff received a right to sue notice from the EEOC. The late filing was caused by a clerical error made by a paralegal employed by plaintiff's counsel. The paralegal skipped a month when counting the days and marking the lawyer's calendar to indicate when the filing was due. BNA's Corporate Counsel Weekly (subscription required) reports on the decision.

Governor of Pakistan's Punjab Assassinated Over His Support For Christian Woman Convicted of Blasphemy

The Washington Post reports that Salman Taseer, governor of Punjab, Pakistan's largest province, was assassinated today by one of his own security guards who was angered by Taseer's support for a pardon for Aasia Bibi, the Christian woman recently sentenced to death for blasphemy. (See prior posting.) Taseer, a close advisor to Pakistan's President Asif Ali Zadari, was killed by rifle fire at a shopping plaza near his home in Islamabad. Taseer had been a strong critic of religious extremists. The shooter surrendered to police after the killing.

Underlying Tensions Behind Egyptian Church Bombing Discussed

Spero News yesterday, analyzing the New Year's Eve bombing of the Coptic Church of the Saints in Alexandria, Egypt (see prior posting), says that some of the underlying tensions between Muslims and Christians in the country stem from a false story that has been circulating for four years regarding the supposed conversion of two women who were married to Coptic priests. According to the story, the two women had marital problems and converted to Islam in order to obtain a divorce (which traditionally is not permitted by the Coptic church), and are now being held against their will in monasteries. (See prior related posting.) Spero News says that while the women had marital problems, they never converted to Islam and were given refuge in monasteries out of fear of possible kidnapping by Islamists. The same story was cited by militants after the bombing of a Syrian Catholic Church in Iraq in November. (See prior posting.) Meanwhile, according To Ahram Online, the Shura Council, the upper house of Egypt's Parliament, spent Monday discussing the attack on the Church, with the parties split over whether blame for ignoring concerns of Copts, particularly regarding church construction, should be placed on the Mubarak government.

Proposed Legislation Will Permit Expansion of Shariah-Compliant Banking In Afghanistan

Bloomberg reported yesterday that Afghanistan's central bank is drafting legislation to present to Parliament in September to allow existing non-Islamic banks to convert into fully Shariah-compliant banks and provide for the licensing of new Islamic banks. If approved by Parliament, Da Afghanistan Bank plans to issue licenses for up to six Islamic banks by the end of 2012.  The new law will allow banks that now offer only limited Shariah-complaint products (such as loans and savings accounts) to expand to offer Shariah compliant debit cards and investments. The government also plans to sell its own Shariah-compliant bonds in the future.  Only about 10% of Afghanistan's population currently use banks.

Incoming New York Governor Is Asked To Restore Staffing of Kosher Law Enforcement

New York's incoming governor, Andrew Cuomo, is being lobbied  by Jewish leaders, some lawmakers and some businesses to restore cuts made in the Department of Agriculture and Markets budget. The cuts have eliminated all the staff and retain only the director of the Department's Division of Kosher Law Enforcement.  Yesterday's Wall Street Journal reports that the cuts in the Division made by outgoing Gov. David Patterson will save the state approximately $1 million per year.  Since 2004, New York's law has been a disclosure statute, requiring producers, processors, distributors and retailers to identify the person or organization that is certifying their food as kosher. Inspectors monitor grocery stores and restaurants to make certain that they are properly complying with the disclosure requirements.

In Egypt Christian Anger Grows After Church Bombing

An AP article in today's Washington Post reports that in Egypt, protests by Christians have spread from Alexandria to Cairo in the wake of the bombing on New Year's Eve of a Coptic church in Alexandria. Twenty-one people were killed. (See prior posting.) The bombing was the latest in a long series of anti-Christian incidents since 2008, including a drive-by shooting killing 6 Christians and a Muslim guard in January on Coptic Christmas eve. In 2009 the government disrupted the livelihood of a large number of Christian garbage collectors by ordering the destruction of a quarter million pigs to prevent swine flu. The garbage collectors raised the pigs to dispose of organic waste. Perpetrators of anti-Christian incidents have largely escaped punishment. Christians claim they are discriminated against in obtaining government and university jobs, as well as jobs in the private sector. An editorial titled J'accuse in the online version of the English language state-owned newspaper al-Ahram, warned against growing anti-Christian feelings among moderate Muslims and raised the spectre of Christians being driven out of Egypt.

Israeli Police Arrest Suspects In Two Separate Torah Theft Rings

Over the last two weeks, police in Israel have made arrests in what are apparently two separate criminal rings that have been stealing valuable Torah scrolls from synagogues in Israel.  On Dec. 23, Arutz Sheva reported that two men who are suspected of breaking into 17 synagogues in central and southern Israel and stealing a total of 30 Torahs were arrested.  Most of the thefts were from synagogues in moshavim (agricultural communities) where synagogues are more accessible during the daytime. According to the paper, the thieves "would remove the Torah parchments from the rollers they were wrapped upon, replace the rollers in the cases or cover them with the Torah mantles, and put them back in the Ark. The theft would therefore only become known when congregants were in the synagogue and about to read from the Torah."

YNet News reported yesterday that Israeli authorities have made arrests in another case involving the thefts of dozens of valuable Torah scrolls which were then refurbished and resold at discount prices on the haredi market. Arrested were a rabbi from the town of Elad who apparently masterminded the activities, along with three Arabs from whom he would "order" the Torah scrolls. Additional suspects who were thought to have been involved in refurbishing and reselling the scrolls were also arrested.