Spruce Serving As National Christmas Tree Felled By High Winds

The New York Times reports that high winds which swept through Washington, DC today felled the 40-foot tall Colorado blue spruce growing on the Ellipse behind the White House. The tree has served as the National Christmas Tree since 1978.  Every year the National Christmas Tree is lit by the President in a widely broadcast ceremony.  The  tradition first began in 1923.  The Park Service had previously identified a successor tree, and now it will be moved to the Ellipse in late spring.

Fired Manager Wins Religious Discrimination Lawsuit Against Aviation Company

In a San Antonio, Texas state trial court yesterday, the former manager of a fueling and concierge service for private jets won a religious discrimination lawsuit against Mark Fessler, president of the company, and Fessler's father, a part owner of the business.  According to the San Antonio Express News, Steven Hecht was awarded back pay, damages for mental anguish and exemplary damages of $150,000 after the jury found that he was fired at least in part because he stopped attending the same church as the Fesslers.  Hecht testified to a number of incidents in which the Fessler's religious beliefs were infused into the business of Million Air San Antonio, while the Fesslers claimed that Hecht was trying to find another job before he was fired and that Hecht's attorney was using religious discrimination to inflame the jury .

DOJ May Intervene To Defend RLUIPA In Connecticut Zoning Case

Yesterday's Hartford Courant reports that the U.S. Department of Justice's Civil Division is seeking approval from the Solicitor General's office to intervene to defend the constitutionality of the Religious Land Use and Institutionalized Persons Act which is being challenged by defendants in a Connecticut federal district court lawsuit.  In the suit, Chabad Lubavitch of Lichtfield County is challenging Lichtfield's refusal to allow it to renovate a house in the town's historic district for Chabad to use as living quarters for its rabbi, a synagogue and community center.  The lawsuit claims that the refusal was motivated by anti-Hasidic animus (see prior posting), and last August the claims survived a motion to dismiss. In a court filing on Wednesday (full text), the Civil Division said that its intervention would be unnecessary if the court decides the case without reaching the constitutional issues or upholds RLUIPA before the Solicitor General's Office makes a decision regarding intervention.

Canadian Cabbie Loses Challenge To Fines For Displaying Religious Items

In Canada yesterday, according to the Toronto Globe and Mail, a Montreal municipal court judge upheld over constitutional attack four tickets given to cab driver Arieh Perecowicz for violating a Bureau du taxi rule that bars drivers from having items or inscriptions in their cab that are not necessary for the cab to be in service. However she reduced the fine and gave him a year to pay it. Perecowicz had his cab decorated with family photos, a Canadian flag and a number of items reflecting his Jewish faith, including a picture of former Lubavitch leader Rabbi Menachem Schneerson and two mezuzahs (small parchment scrolls). A taxi inspector testified that Perecowicz's cab was the messiest she had seen in five years. However apparently other cabs in Montreal often hang rosary beads or a display statue of the Virgin Mary on their dashboards. The judge concluded that the objects were in Perecowicz's cab only for his personal comfort.  Perecowicz has filed a complaint with the Quebec Human Rights Commission and says he is prepared to appeal his case. He says if there is a crucifix over the Speaker's chair in Quebec's National Assembly, he should be able to have mezuzahs on the doors of his cab.

Opposition to Ahmadiyah Creates Continued Political Division In Indonesia

In Jakarta, Indonesia today, 500 people joined a rally organized by the Islamic Defenders Front calling for the disbanding of the Ahmadiyah sect. According to the Jakarta Post, protesters said they would force the President to resign if he did not disband the sect that is considered heretical by other Muslims because it does not believe that Muhammad was the final prophet. (See prior related posting.) According to another Jakarta Post article today, the Indonesian Ulema Council says that the solution is to declare Ahmadiyah to be a separate non-Muslim religion. Human rights proponents disagree, saying this would violate their rights and would not guarantee they would not be persecuted.

Cert. Filed In Challenge To San Francisco's Resolution Criticizing Catholic Church's Adoption Stance

A petition for certiorari (full text) was filed with the U.S. Supreme Court on Tuesday in Catholic League for Religious and Civil Rights v. City and County of San Francisco. The case involves an Establishment Clause challenge to a Board of Supervisors resolution criticizing Cardinal Levada for directing Catholic Charities to end adoption placement in same-sex households. A majority of the 9th Circuit, en banc, dismissed the case on standing grounds. (See prior posting.) The petition urges the court to adopt a new Establishment Clause test for government religious speech-- allowing broader scope for government religious speech that "is reasonably related to our nation's history and traditions" than for government speech that is not. Thomas Moore Law Center issued a release announcing the filing of the cert. petition.

French Leaders Plan Debate on Role of Islam in the Country

Reuters and France 24 report that France's governing UMP party plans to lead a debate beginning in April on the role Islam in light of France's tradition of secularism-- an issue that promises to be a major focus in France's 2012 election campaign. Last week French president Nicolas Sarkozy said that multiculturalism in France had failed. After a meeting with UMP legislators on Wednesday, the new initiative was announced.  Jean-Francois Cope, secretary-general of the UMP party, said that the upcoming debate would focus on items such as the financing and building of mosques, contents of Friday sermons and the education of imams. Muslim prayer gatherings in French streets outside of overcrowded mosques have caused particular concern. In December, right wing National Front leader Marie Le Pen compared the street prayers to Nazi occupation of France in World War II. Sarkozy wants his party to lead to debate on the role of Islam in order to keep the discussion under control.

Religious Leaders Object To Planned House Hearings On Radicalization of U.S. Muslims

Think Progress reported yesterday that over 80 leaders of Catholic, Protestant, Jewish, Muslim and Hindu congregations on Long Island have signed a letter (full text) to U.S. Rep. Peter King, chairman of the House Homeland Security Committee, asking him to cancel a planned congressional hearing into radicalization of the American Muslim community. The letter says in part:

Muslim-Americans have consistently denounced terrorism and worked closely with law enforcement to prevent violence. Building and maintaining trust with the Muslim community is crucial to furthering this cooperation, and we fear your hearings will only sow greater distrust and division at a time when unity and moral courage are needed.

Earlier this month, in a letter to the ranking Democrat on the committee who also raised objections to the planned hearing, King said: "I will not allow political correctness to obscure a real and dangerous threat to the safety and security of the citizens of the United States."

Hawaii Senate Passes and Sends To Governor Bill Authorizing Civil Unions

The Hawaii Senate on Wednesday by a vote of 18-5 passed and sent to the governor for his signature SB 232, a bill authorizing same-sex (as well as opposite-sex) civil unions in the state.  The Honolulu Star Advertiser reports that Gov. Neil Abercrombie has promised to sign the bill into law.  Last year, former governor Linda Lingle vetoed a similar bill. (See prior posting.) Under the bill, parties to a civil union have the same rights and responsibilities as a married couple. Any judge or member of the clergy may be licensed to solemnize a civil union, but no one is required to perform civil union ceremonies, nor may anyone be penalized for refusing to do so. Hawaii will be the seventh state to authorize civil unions, but not same-sex marriages. Also on Wednesday, the Hawaii Senate unanimously approved the governor's appointment of Circuit Judge Sabrina McKenna-- who is openly gay-- to the state Supreme Court.

California High Court Accepts Certified Question On Standing In Prop 8 Challenge

Last month 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 certified to the California Supreme Court the question of whether under California law "official proponents of an initiative measure" have, under state law, a sufficient interest to give them standing to defend the constitutionality of the initiative when the public officials refuse to do so. (See prior posting.) Yesterday, the California Supreme Court granted the certification request. AP reports that the Court may hear oral arguments as early as September.

New Poll Reveals American Attitudes Toward U.S. Muslim Community

Public Religion Research Institute yesterday announced the results of a poll (full results) of 1,015 adults completed last week seeking the views of Americans on the Muslim community in the U.S.  The poll reveals that 56% of Americans say that upcoming Congressional hearings on alleged extremism in the American Muslim community are a good idea. 72% say Congress should investigate religious extremism anywhere it exists, and not focus just on the Muslim community.  46% believe that American Muslims have not done enough to oppose extremism in their communities. 49% reject the idea that Muslims have been unfairly targeted by law enforcement.  62% believe Muslims are an important part of the American religious community. 22% believe that Muslims want to establish Shari'a law as the law of the land in the U.S. The poll also shows that there is a significant correlation between trust in Fox News and negative attitudes toward Muslims. Religion Dispatches reports on the poll.

9th Circuit Says Substantial Burden Under RLUIPA Can Be Imposed By Neutral Zoning Law

In International Church of  the Foursquare Gospel v. City of San Leandro, (9th Cir., Feb. 15, 2011), the U.S. 9th Circuit Court of Appeals reversed the district court and held that a city's zoning decision made under a neutral, generally applicable zoning law can impose a "substantial burden" on a church's exercise of religion under RLUIPA. Evidence from a realtor and a former city manager that no other suitable sites exist in the city to house the church presented a triable issue of fact as to the extent of the burden posed by the city's zoning denial. The court added:

In spite of the Church’s allegations about its core beliefs, the district court accepted the City's contention that the Church could continue to conduct three separate Sunday services or could acquire several smaller properties throughout the City and relocate some of its operations off site. The district court's flat rejection of the Church's characterization of its core beliefs runs counter to the Supreme Court's admonition that while a court can arbiter the sincerity of an individual’s religious beliefs, courts should not inquire into the truth or falsity of stated religious beliefs.

Finally the court held that the city's need to preserve property for industrial use is not automatically as a matter of law a compelling governmental interest. (See prior related posting.) Yesterday the San Francisco Chronicle reported on the decision.

2nd Circuit Upholds Dismissal of Street Preacher's Challenge To Noise Ordinance

In Costello v. City of Burlington, (2d Cir., Feb. 14, 2011), the U.S. 2nd Circuit Court of Appeals upheld, as applied, Burlington, Vermont's noise ordinance that was invoked by a police officer to issue a written warning to plaintiff, a street preacher, who was preaching in a loud voice outside places of business on a pedestrian mall.  In an opinion by Chief Judge Jacobs, most of which was concurred in by Judge Calabresi, the court concluded that the ordinance was a content neutral time, place and manner regulation in a public forum. Judge Pooler concurred only in the result, relying instead on the doctrine of qualified immunity to affirm dismissal of plaintiff's complaint. She believed that the case was closer on the merits since prior case law relied upon by the majority all dealt with amplified sound, not the loud unamplified speech that was present in this case. She pointed out that "street preaching ... has a long history in this country."

Many of Diocese's Claims Challenging Refusal To Allow Cemetery Development Are Dismissed

In Roman Catholic Diocese of Rockville Centre, New York v. Incorporated Village of Old Westbury, 2011 U.S. Dist. LEXIS 14268 (ED NY, Feb. 14, 2011), a New York federal district court dismissed many, but not all, of the claims growing out of a town's refusal to allow the Catholic Diocese to develop of a parcel of land as a cemetery. Constitutional claims and claims under RLUIPA against a private consulting firm involved with the village's decision were dismissed because the firm was not acting under color of law. A number of claims against the Village of Old Westbury were dismissed on statute of limitations grounds, but a challenge to the constitutionality of a 2001 zoning law survived under the continuing violation theory. Claims based on the State Environmental Quality Act process were dismissed as unripe. Official capacity, but not individual capacity, claims against the superintendent of buildings and public works alleging illegal searches were dismissed.

Criminal and Civil Charges Generated By Philadelphia Grand Jury Sex Abuse Report

In Philadelphia (PA) last week, a grand jury released a 128-page report (full text) on its investigation of sexual abuse by clergy and employees of the Catholic archdiocese of Philadelphia. According to an accompanying press release: "The report recommended that the Archdiocese of Philadelphia overhaul its procedures for assisting victims and for removing from ministry priests accused of molesting minors. The Grand Jury encouraged victims to report their abuse first to law enforcement." In a Presentment (full text) the grand jury recommended indictments be filed against three priests and a teacher, as well as against an archdiocese official. According to the Milwaukee Journal Sentinel a civil suit against the Archdiocese based on this grand jury report and an earlier one released in 2005 (full text) was filed on Monday.

Church Sues NY Port Authority Over Ground Zero Reconstruction Plans

According to CNN, a federal lawsuit was filed Monday in Manhattan against the Port Authority of New York and New Jersey by the Greek Orthodox Archdiocese of America and St. Nicholas Church.  The church, which was located at Ground Zero, was destroyed in the collapse of the Twin Towers on 9-11.  Apparently the parties agreed in 2008 that the Church would be rebuilt using public funds on adjacent property while construction moved ahead on a vehicle security center as part of the World Trade Center redevelopment.  The Port Authority says the church subsequently rejected an offer of $60 million for construction on the new site.  The Port Authority says that the church can still rebuild on its original site beginning in 2013 when the vehicle security center is completed. The church's lawsuit claims that the Port Authority is guilty of arrogance, bad faith and fraudulent conduct in the negotiations.

Church Sues Over Denial of Zoning Permit

A lawsuit was filed last week in a Georgia federal district court by a predominately African-American Christian church against Coweta County (GA) charging that the county's denial of a conditional use permit for the church to build a place of worship on property it purchased violated RLUIPA as well as various provisions of the 1st and 14th Amendments. The complaint (full text) in All Souls Church of God in Christ, Inc. v. Coweta County, Georgia, (ND GA, filed 2/11/2011) claims that applications by other religious and non-religious organizations that are predominately White have received more favorable treatment. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Egypt's Constitution Revision Panel Appointed; Impact On Religious Pluralism Is Uncertain

Egypt's military council yesterday selected an 8-member committee to quickly recommend revisions to the country's constitution. Chairman of the revision committee is Tareq el-Bishri, a former judge and prominent historian.  Other members are: Sobeh Saleh, a lawyer, former member of Parliament and a member of the Muslim Brotherhood; Maher Samy Youssef, a Coptic Christian judge; two other judges-- Hassan El Badrawi and Hatem Bagatou; and three law professors-- Mohamed Hassaneim Abdel Al, Mahmoud Atef El Bana and Mohamed Bahey Abou Younis.  News reports place very different interpretations on the panel's likely approach to issues of religious pluralism in Egypt. The New York Times has a rather upbeat report, calling the selections "the first significant evidence of the military's commitment to moving the country toward democratic rule." It continued:

The committee will be led by Tareq el-Bishri, a prominent former judge known for maintaining his independence of the Mubarak government. He was once thought to be left leaning but is considered be sympathetic to moderate Islamism, legal analysts said, making him a bridge figure between the main Egyptian political factions.

In contrast, London's Telegraph ran a report saying:

Tarek al-Bishry, the chairman of the constitutional panel, is a respected judge who criticised former president Hosni Mubarak and is regarded as moderate in his views. But he has been associated with Al-Wasat, an offshoot of the Brotherhood. He has selected a committee made up mainly of judges and politicians, including a judge who is a Coptic Christian, but also a former Muslim Brotherhood MP. There are no women.

Wael Abbas, the best-known human rights blogger in Egypt, who was sentenced to prison by the Mubarak regime last year, said it was a "worrying" choice. "There is no such thing as a moderate Islamist," he said. "We want a secular state that respects all religions and which belongs to all religions." ...

[T]he make-up of the new committee, and the fact it has been given just ten days to come up with a new constitution, has dashed hopes that it will remove Article 2, which makes Islam the state religion and says Shariah is the main source of law.

Christian Coalition Blocking Sunday Liquor Sales Bill In Georgia

Today's Atlanta Journal Constitution reports that religious conservatives are increasing pressure on Republicans in the state Senate to kill a bill that would allow local referenda to authorize the sale of alcoholic beverages at retail stores on Sundays. In the past, defeat of similar proposals were blamed on former Republican governor Sonny Perdue, a Christian conservative who said he would veto any Sunday liquor sale bill. New Republican governor Nathan Deal said he would sign the bill.  A Senate committee has approved the bill, but then members of the Georgia Christian Coalition began to lobby and send e-mails and letters to Republican senators. Now it is not clear that the bill has majority support in the Republican caucus. If it does not, it will not be brought to the floor.

Egypt's Muslim Brotherhood Planning Non-Religious Islam-Based Party, But No Presidential Candidate

London's Financial Times today reports that in Egypt, the Muslim Brotherhood has announced that if legal restrictions against it are lifted it will set up a political party, but will not run a candidate for president. A leader of the Brotherhood says that the proposed party will have Islam as a frame of reference, but will not be a religious party. Deputy Leader Rashad Bayoumi says:

We do not have the concept of a religious party, or of a government of religious scholars [like in Iran].  All this is very far from Islam. We say that when we differ over anything we should refer to the Koran. But if matters stray away from the principles of mercy, freedom and social justice, then this would be against religion.

The Egyptian constitution was amended in 2007 to ban political parties based on religion. (See prior posting.) The Supreme Military Council which is temporarily governing in Egypt promises to propose amendments to the constitution before elections are held. It has appointed a former member of Parliament with ties to the Muslim Brotherhood as one of the members of the committee that is drafting the proposed constitutional changes.

UPDATE: Today's Wall Street Journal carries an analysis titled 'Brothers' In Egypt Present Two Faces, reporting that while the younger, more tolerant wing of the Brotherhood were those involved in the recent protests, the conservative "old guard" that is anti-Western and more radically Islamic continues to make up the bulk of the Brotherhood leadership.  Here is an excerpt:

A different face of the Brotherhood is that of Mohamed Badi, 66-year-old veterinarian from the Brotherhood's conservative wing who has been the group's Supreme Guide since last January. He recently pledged the Brotherhood would "continue to raise the banner of jihad" against the Jews, which he called the group's "first and foremost enemies." He has railed against American imperialism, and calls for the establishment of an Islamic state.