Party Complains That Ukraine Government Is Favoring Moscow Patriarchate Over Kiev

Interfax today reports that in Ukraine, the opposition Our Ukraine Party has written President Viktor Yanukovich and Prime Minister Nikolay Azarov complaining about pressure by law enforcement personnel on Orthodox clergy to transfer their allegiance from the Kiev Patriarchate to the Moscow Patriarchate.  The opposition party complained that authorities are also favoring the Moscow Patriarchate through budget earmarks.

Michigan Bill Would Increase Penalties For Disturbing Religious Services

The Livingston County (MI) Daily Press and Argus reports on passage by the Michigan state Senate last week of Senate Bill 19 which would increase the penalties for interrupting or disturbing services at any building that is clearly identified as one used for religious purposes. It also bans obstructing anyone entering or leaving a building used for religious purposes.  The bill was sent on to the state House of Representatives for consideration. The Michigan ACLU is concerned that the bill does not define a religious disruption and fears it could be applied, for example, to someone wearing an offensive button in church. The bill calls for imprisonment of up to 93 days, a $1000 fine and 100 hours of community service work for a first offense.

Ohio Supreme Court: Church Can Get Separate Tax Exemption For Sports Fields

Ohio law provides for property tax exemptions both for houses of worship (RC 5709.07(A)(2)) and for property used for charitable purposes (RC 5709.12(B)). An Akron, Ohio church acquired 79.8 acres on which it built a church building and also softball and soccer fields and a jogging path which it viewed as part of its sports ministry.  The recreational portions of the property were used by various community groups and members of the general public who were not necessarily church members. In The Chapel v. Testa, (OH Sup. Ct., Feb. 10, 2011), the Ohio Supreme Court held that the property could be split so that the church building obtained the house of worship exemption and the recreational portions obtained the charitable exemption.  Neither church ownership nor religious motivation prevent relying on the charitable use exemption, even though that portion of the property would not have qualified for the house of worship exemption. BNA Daily Report for Executives discusses the decision.

Valentine's Day Stirs Religious Objections In Parts of the World

Today is Valentine's Day. But Voice of America reports that in parts of the world religious objections to celebrating the day continue. In southern India, members of a Hindu political party burned Valentine's Day cards,  decrying cultural exploitation and sexual greetings on cards. Saudi Arabia and Malaysia have banned celebration of the day, calling it a vice.  However Arab News reports that while in Saudi Arabia the Commission for the Promotion of Virtue and Prevention of Vice has told stores to remove items that are red, Saudi couples are finding other ways to celebrate-- having dinner in popular restaurants and exchanging gifts of jewelry, perfume and chocolates. Dubai permits celebration of the day, but this year has banned the sale of alcohol because of the proximity to tomorrow's celebration of the Prophet Muhammad's birthday. Meanwhile in Iraq, according to AFP, young people are holding a Valentine's Day rally to urge their leaders to love the country instead of robbing it of its resources.

Boehner Believes Obama Is A Christian But "Not My Job To Tell the American People What To Think"

Republican House Speaker John Boehner was a guest on NBC's Meet the Press yesterday. (Full transcript.) His interview included an exchange regarding the perceptions of some Americans regarding President Barack Obama's religious beliefs. Host David Gregory played a tape of an Iowa focus group of voters during which one woman said she believes that Obama is a Muslim.  This exchange between Gregory and Boehner followed:

MR. GREGORY: As the speaker of the House, as a leader, do you not think it's your responsibility to stand up to that kind of ignorance?

SPEAKER BOEHNER: David, it's not my job to tell the American people what to think. Our job in Washington is to listen to the American people. Having said that, the state of Hawaii has said that he was born there. That's good enough for me. The president says he's a Christian. I accept him at his word.

MR. GREGORY: But isn't that a little bit fast and loose? I mean, you are the leader in Congress and you're not standing up to obvious facts and saying, "These are facts. If you don't believe that, it's nonsense."

SPEAKER BOEHNER: I just outlined the facts as I understand them. I believe that the president is a citizen. I believe the president is a Christian. I'll take him at his word. But, but...

MR. GREGORY: But that kind of ignorance about whether he's a Muslim doesn't concern you?

SPEAKER BOEHNER: Listen, the American people have the right to think what they want to think. I can't--it's not my job to tell them.

MR. GREGORY: Why isn't it your job to stand up and say, "No, the facts are these"? ...

SPEAKER BOEHNER: I, I, I just did.... 

MR. GREGORY: You shouldn't stand up to misinformation or stereotypes?

SPEAKER BOEHNER: ...but, but, but, but, but I've made clear what I believe the facts are.

MR. GREGORY: But is, is it, is it because it weakens the president politically, it seeks to delegitimize him that you sort of want to let it stay out there?

SPEAKER BOEHNER: No. What I'm trying to do is to do my job. Our job is to focus on spending. We're spending too much money here in Washington....

Proposed New Tax Law In India Will Impact Religious Trusts

The Times of India on Saturday reported that a group of religious trusts held a news conference to oppose certain provisions in the proposed Direct Tax Code pending in India's Parliament.  Under the proposal, trusts or institutions created for the benefit of a particular caste or community would no longer qualify as non-profit organizations.  The bill would subject them to a 30% income tax and to a wealth tax of 1% on their assets over a specified minimum.  This will affect schools, orphanages, homes for the destitute and trusts that manage temples and other religious organizations.

Recent Articles of Interest

From SSRN:

• Robert Steinbuch and Brett Tolman, That Ain't Kosher, (University of Arkansas at Little Rock Law Review, Vol. 33, No. 1, 2010).
• Evelyn Tenenbaum and Sarah E. Ricks, Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA, (Current Issues in Constitutional Litigations: A Context and Practice Casebook, p. 615, Michael Hunter Schwartz, ed., Carolina Academic Press, 2011).
• Zachary R. Calo, Review of First Be Reconciled: Challenging Christians in the Courts by Richard P. Church, (The Cresset: A Review of Literature, the Arts, and Public Affairs, Vol. 74, p. 58, 2010).
• Issam A.W. Mohamed, The Impacts of Social Justice and Wealth Distribution in Sudan (In Arabic),(February 5, 2011).
• Aziz Z. Huq, The Signaling Function of Religious Speech in Domestic Counterterrorism, (Texas Law Review, Forthcoming).
• Adam J. Kolber, Alternative Burdens on Freedom of Conscience, (San Diego Law Review, Vol. 47, 2010).
• Trudy Rushforth, Religious Exercise in Prison - A Guide for Prison Officials, (February 12, 2011).
• Youngjae Lee, Deontology, Political Morality, and the State, (Ohio State Journal of Criminal Law, Vol. 8, 2011).
• Nancy M. Modesitt, Reinventing the EEOC, (Southern Methodist University Law Review, Vol. 63, No. 4, p. 1237, 2010).

From SmartCILP:

• Robert H. Knight, How the Concept of "Sexual Orientation" Threatens Religious Liberty, 4 Liberty University Law Review 503-536 (2010).
• Ran Kuttner, From Adversity to Relationality: A Buddhist-Oriented Relational View of Integrative Negotiation and Mediation, [Abstract], 25 Ohio State Journal on Dispute Resolution 931-974 (2010).
• Rena M. Lindevaldsen, The Fallacy of Neutrality From Beginning to End: The Battle Between Religious Liberties and Rights Based on Homosexual Conduct, 4 Liberty University Law Review 425-463 (2010).

Recent Prisoner Free Exercise Cases

In Orso v. Shumate, 2011 U.S. Dist. LEXIS 10706 (D LA, Feb. 3, 2011), a Louisiana federal district court held that a Native American inmate adequately alleged a substantial burden on his religious beliefs in being prevented from attending a Pow Wow and performing a mourning ceremony. However the claim for injunctive relief was dismissed as moot and damage claims were dismissed on other grounds. Equal protection claims were also rejected. The magistrate's recommendations in the case are at 2010 U.S. Dist. LEXIS 140978 (Oct. 13, 2010).

In Harris v. Skolnik, 2011 U.S. Dist. LEXIS 10777 (D NV, Jan. 25, 2011), a Nevada federal district court dismissed several claims challenging a prison's policy of requiring verification from the Aleph Institute that an inmate is Jewish before the inmate will be provided with a kosher diet. However the court allowed plaintiff to proceed with his claim that the policy amounts to religious discriminations under the Equal Protection clause because it only applies to Jewish inmates.

In Kendrick v. Faust, 2011 U.S. Dist. LEXIS 10091 (ED AR, Feb. 1, 2011), an Arkansas federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 10690, Jan. 18, 2011) and dismissed without prejudice for lack of exhaustion of administrative remedies an inmate's complaint that her Catholic Bible was confiscated. The court dismissed on the merits plaintiff's complaint that her rosary beads and religious self-help books were confiscated while she was in punitive segregation.

In Hall v. Taylor, 2011 U.S. Dist. LEXIS 11006 (SD IL, Feb. 5, 2011), an Illinois federal district court rejected an inmate's claim that his free exercise rights were violated when, during a shake down search of his cell, a religious book was confiscated.

In Muhammad v. Johnson, 2011 U.S. Dist. LEXIS 11651 (WD VA, Feb. 4, 2011), a Virginia federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 11240, Jan. 13, 2011) and refused to issue a preliminary injunction. Plaintiff had complained that prison authorities refused to allow him to attend Nation of Islam services and receive The Final Call newspaper.

In Cooper v. Horning, 2011 U.S. Dist. LEXIS 11921 (D MD, Feb. 8, 2011), a Maryland federal district court rejected an inmate's complaint that there is no chaplain at his correctional institution for Islamic and Moorish Science Temple of America inmates.

In Hooper v. Juneau County Jail, 2011 U.S. Dist. LEXIS 12299 (WD WI, Feb. 7, 2011), a Wisconsin federal district court dismissed for lack of specificity an inmates broad claim that he was deprived of his religious preference.

In Tucker v. Royce, 2011 U.S. Dist. LEXIS 12680 (D MS, Feb. 8, 2011), a Mississippi federal district court upheld a prison's policy of barring sex offenders in protective custody from attending Sunday church services in the jail library because the library is not equipped to separate inmates into groups.

In Davenport v. Artus, 2011 U.S. Dist. LEXIS 12497 (ND NY, Feb. 9, 2011), a New York federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 12505, Jan. 10, 2011) and dismissed an inmate's complaint that he was not permitted to attend a religious festival and receive the religious feast that night for his evening meal (the identity of the specific festival is unclear).

In Canada v. Ray, 2011 U.S. Dist. LEXIS 12927 (WD VA, Feb. 9, 2011), a Virginia federal district court rejected a Muslim inmate's claim that requiring him to undergo tuberculosis testing violates his free exercise rights. Plaintiff claimed the injection contains alcohol, but defendants refuted that claim indicating that instead it contains phenol.

In McFaul v. Valenzuela, 2011 U.S. Dist. LEXIS 13108 (ND TX, Feb.10, 2011), a Texas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 141209, Sept. 14, 2010) and dismissed a claim by a Neo-Pagan inmate that his constitutional and statutory free exercise rights were violated when authorities refused to permit him to obtain a bone skull necklace and two pendants.

Gymnastics Competition Refuses Full Religious Accommodation for 7 Year Old

North Jersey's The Record today reports on the issues faced by a 7-year old Jewish gymnast when New Jersey gymnastic competition officials refused to accommodate her Sabbath observance. Amalya Knapp, a second grader at Yeshiva of North Jersey was, for religious reasons, unable to compete in the Saturday afternoon events.  She will compete in four events today, but her scores will not count toward any individual titles or rankings for her. If her scores are high enough they will be added to her team's overall score and could help the team win. Leslie King, a spokeswoman for USA Gymnastics nationally, said that events are scheduled at the most convenient times for athletes. She explained: "We certainly understand how these conflicts can affect an athlete's participation and do our best to provide alternate opportunities, when possible." [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

6th Circuit En Banc Finds Teachers Have Municipal Taxpayer Standing In Establishment Clause Suit

In Smith v. Jefferson County Board of School Commissioners, (6th Cir., Feb. 11, 2011), the U.S. 6th Circuit Court of Appeals, en banc, in an 11-4 opinion, held that two plaintiff school teachers have standing as municipal taxpayers to bring an Establishment Clause challenge to the closing of the a Tennessee school district's alternative school and its outsourcing the services instead to a Christian private school. Most of the court's opinion focused on the more liberal standing requirements that courts have found for municipal taxpayers, as opposed to state and federal taxpayers. The majority rejected the argument that because the school district saved money by the outsourcing that taxpayers could not complain. The court also found that the individual teachers who lost their jobs because of the outsourcing did not have standing because in that capacity they were raising Establishment Clause claims of their students which the students could raise on their own.  The court unanimously agreed on this aspect of the standing question, as they did that plaintiffs' substantive and procedural due process challenges should be dismissed. Fourteen of the judges agreed that defendants enjoyed legislative immunity as to the individual capacity claims against them. The case produced two concurring opinions and two partial dissents in addition to the main opinion.

Judge Sutton's concurring opinion questioned the validity of having more liberal standing requirements for municipal taxpayers, but concluded that any modification in the doctrine needed to come from the Supreme Court.  He argued:

If a state taxpayer ... is not "immediately in danger of sustaining some direct injury as a result" of enforcement of an allegedly unconstitutional law and "merely . . . suffers in some indefinite way in common with people generally,"...why isn't the same true for a meaningful number of city taxpayers? The gross population of the largest 37 cities (41.7 million) after all is roughly the same as the gross population of the 23 smallest States.

The 3-judge panel's decision in the case, handed down in November 2008, had held 2-1 that plaintiffs had individual standing as well as municipal taxpayer standing. (See prior posting.)

9th Circuit Hears Oral Arguments In Establishment Clause Challenge To Teacher's Comments

The U.S. 9th Circuit Court of appeals yesterday heard oral arguments (recording of full arguments) in in C.F. v. Capistrano Unified High School. In the case, the district court found that an in-class comment by high school history teacher James Corbett which characterized creationism as "superstitious nonsense" violated the Establishment Clause. However the trial court refused to find similarly as to a number of other comments. (See prior posting.)  As to the one violation, the trial court denied plaintiff any relief finding the teacher was entitled to qualified immunity as to damages and finding that injunctive and declaratory relief were inappropriate. (See prior posting.) Both sides appealed. (See prior posting.) Yesterday's Orange County Register reports on the variety of questions asked by the 3-judge panel during oral arguments.

Court Says Synagogue Needs Zoning Variance To Operate A Yeshiva

In Congregation Anshei Roosevelt v. Planning and Zoning Board of the Borough of Roosevelt, (NJ App., Feb. 9, 2011), the New Jersey Superior Court Appellate Division upheld a town's planning and zoning board decision to require a synagogue to apply for a variance in order to operate a yeshiva (school) in its building. The synagogue was operating as a pre-existing non-conforming use. The court found that the yeshiva was more than a mere accessory use of the building. The use of the property became "distinctly different."

Tennessee Bill Would Bar Local Protection Against Sexual Orientation Discrimination in Employment

On Monday, state representative Glen Casada introduced HB 331 in the Tennessee legislature. The bill would bar localities from enacting employment discrimination ordinances that go further than state law.  Titled the Equal Access to Local Government Contracts and Services Act, the law would effectively preclude cities from barring discrimination on the basis of sexual orientation. Nashville's City Paper reports that the bill is directed at a proposal in Nashville that would bar sexual orientation discrimination by companies that do business with the Metro Nashville government.

USCIRF Urged To Support Iranian Baha'is

CNN reports that on Wednesday, a group of American Baha'is met with the U.S. Commission on International Religious Freedom to urge that the U.S. keep up pressure on the Iranian government over persecution of Baha'is in Iran. Baha'is have long been persecuted in Iran.  One of those testifying before USCIRF, Iraj Kamalabadi, told the story of his sister who was convicted and imprisoned on trumped-up espionage charges.

Hawaii House Will Continue Prayers, Despite Senate's Opposite Move

Last month, responding to a complaint by the ACLU, the Hawaii state Senate voted to end the practice of opening its sessions with prayer. (See prior posting.) The state House of Representatives, however, will not follow the Senate's lead. AP reports that on Wednesday the Hawaii House adopted new rules that provide for prayer to precede the formal opening of each House session. Prayers can continue to mention God or a deity, but they may not disparage any religion. [Thanks to Alliance Alert for the lead.]

Swedish Ombudsman Sues UPS For Refusing To Accommodate Muslim Employee's Wearing of Beard

The Local reported yesterday that Sweden's Equality Ombudsman has filed a lawsuit against United Parcel Service charging the company with discrimination for discharging a Muslim employee who insisted on wearing a beard. UPS refused to make an exception for religious beliefs. The suit, brought in Sweden's Labor Court, seeks 150,0000 kroner ($24,000 US) in damages plus additional amounts for lost wages.

Muslim Brotherhood Leader Outlines Its Goals In Egypt

In today's New York Times, Essam El-Errian, a member of the guidance council of Egypt's Muslim Brotherhood, has published an op-ed outlining the goals of the Muslim Brotherhood. He says in  part:

We aim to achieve reform and rights for all: not just for the Muslim Brotherhood, not just for Muslims, but for all Egyptians. We do not intend to take a dominant role in the forthcoming political transition. We are not putting forward a candidate for the presidential elections scheduled for September....

[W]e disagree with the claims that the only options in Egypt are a purely secular, liberal democracy or an authoritarian theocracy. Secular liberal democracy of the American and European variety, with its firm rejection of religion in public life, is not the exclusive model for a legitimate democracy.

In Egypt, religion continues to be an important part of our culture and heritage. Moving forward, we envision the establishment of a democratic, civil state that draws on universal measures of freedom and justice, which are central Islamic values. We embrace democracy not as a foreign concept that must be reconciled with tradition, but as a set of principles and objectives that are inherently compatible with and reinforce Islamic tenets.

Pakistani Court Issues Arrest Warrant for Former Religious Affairs Minister Over Haj Scam

In Pakistan, a judicial magistrate's court in Islamabad today issued an arrest warrant for former religious affairs minister Hamid Saeed Kazmi. Zee News reports that the order was requested by the Federal Investigation Agency that is looking into charges that Kazmi took kickbacks and commissions in arranging accommodations for Haj pilgrims last year.  Some of the accommodations were located far from the Haj site.  Saudi authorities initially discovered the fraud and notified the Pakistan's Chief Justice. (See prior posting.) The Saudis have paid compensation to 25,000 Pakistani pilgrims.

Quebec's National Assembly Approves Ban On Kirpans In Parliament Building

In Canada, Quebec's National Assembly yesterday unanimously approved a motion supporting security officials' decision last month (see prior posting) to deny entry to Parlilament Building to a group of Sikhs who were wearing their kirpans (ceremonial daggers). Four members of the World Sikh Organization who had been scheduled to testify on a Bill 94 relating to accommodation of religious practices were denied entry when metal detectors revealed their kirpans. CTV Montreal reports that yesterday's National Assembly vote was influenced by memories of 1984 shootings in the National Assembly that killed three people. The World Sikh Organization says the issue is not security, but rather the place of tolerance and multiculturalism in Quebec. Parti Québécois member Louise Beaudoin responded: "Multiculturalism may be a Canadian value, but it's not a Quebec one."

Pagan Group Continues Battle For Tax Exemption For Property

Today's New York Times reports on the long legal battle in which a pagan religious group in the Catskill Mountains is seeking a tax exemption for its Phrygianum (religious convent). At issue is a former inn (Central House) that was the fictional home of Rip Van Winkle. It has been turned into the global headquarters and convent house for Maetreum of Cybele, Magna Mater. The group's leader describes the group as goddess oriented and gay and lesbian friendly. She says: "We're witchy. We're set up for communal living for priestesses." The tax dispute is not over whether the group is religious, but over whether the use of the house is directly connected to its religious purpose. The town argues that its use is primarily residential and only secondarily religious.