Russia Drops Ban On 29 Scientology Publications

AP reported yesterday that Russia's Justice Ministry has lifted a ban on 29 books and lectures by Church of Scientology founder L. Ron Hubbard. Last month, a court in the Siberian city of Surgut concluded that the books were "extremist." (See prior posting.) [Thanks to Alliance Alert for the lead.]

Pakistani Travel Agencies Sue Ministry of Religious Affairs Over Allocation of Haj Quotas

Pakistan's International News and the Daily Times reported yesterday on a lawsuit in the Lahore High Court that is challenging the manner in which Haj quotas were allocated this year to Pakistan's private tour operators. Thirteen tour operators have sued the Federal Government and several government ministries claiming that the Ministry of Religious Affairs had allocated Haj quotas according to personal favoritism and political influence.  The suit also challenges the Ministry's decision to deny a quota for new tour operators. The travel agencies are asking the court to step in and allocate 2011 quotas based on merit. The court yesterday suspended the allotments to private tour operators until the case is decided.

Kenyan Seventh Day Adventist University Students Protest Saturday Exams

In Kenya, Seventh Day Adventist students at Masinde Muliro University say that the school's scheduling of exams on Saturdays violates their freedom of conscience and religion as protected by Kenya's new constitution. According to the Narobi Star this week, the students threaten to go to court if the University does not either reschedule exams or provide them a separate make-up exam on a different day.

Suit Seeks To Require School Boards To Comply With State Voucher Program

Last week, the Tulsa World reported that a number of Oklahoma parents of students with special needs have filed a federal lawsuit against Broken Arrow, Union, Jenks and Tulsa public school districts after those districts announced they would not comply with a 2010 state law setting up a voucher program for students with disabilities. Subsequently the districts temporarily rescinded their noncompliance policy. The complaint (full text) in Kimery v. Broken Arrow Public Schools, (ND OK, filed 4/25/2011), alleges that the school systems have refused to implement the Lindsey Nicole Scholarship for Students With Disabilities Program on the ground that the program violates Art. II, Sec. 5 of Oklahoma's Constitution barring the use of state funds to support religious institutions; the obligation under the state constitution to maintain a free public school system; and the federal equal protection clause.  The suit seeks a declaratory judgement that the school boards' action violate provisions of the U.S. and Oklahoma constitutions as well as federal and state statutory provisions. It also asks for an injunction requiring the school boards to comply with the voucher program.

FLDS Leadership Being Challenged Through Competing State Corporate Filings

In the midst of the many legal issues surrounding the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints, AP this week reports that another legal battle is brewing as contesting factions have used filings with Utah's Division of Corporations as the vehicle to compete for the Church's leadership. On March 28, William Jessop, claiming to be the Presiding Bishop of the church, filed a Corporation Registration Information Change Form listing himself as President of the Church and removing Warren Jeffs name as an officer of the corporation. Three days later, Jeffs filed a similar form (full text), listing himself as Presiding Bishop and removing Jessop's name. The filing included an affidavit characterizing Jessop's prior filing as false. Several affidavits from church members claim that Jeffs was elected as head of the church last month. Jessop claims he was placed at the head of the church by Warren Jeff's father, Rulon Jeffs, and says that Warren Jeffs has been disqualified as leader of the church by various immoral acts. He says that church officials loyal to Jeffs have used intimidation against church members. Jeffs is currently in prison in Texas awaiting trial on charges of bigamy and aggravated sexual assault. All of the filings at issue are on the Utah Division of Corporation's website. On March 31, the Division of Corporations Director placed the competing filings on hold until May 2, hoping that the parties would resolve the dispute. So far, neither side has asked a court to intervene.

President Declares May 5 National Day of Prayer

Last week President Obama issued a Proclamation (full text) declaring Thursday, May 5 as a National Day of Prayer. The Proclamation was issued just two weeks after the U.S. 7th Circuit Court of Appeals dismissed for lack of standing a constitutional challenge to both 36 USC Sec. 119 which directs the President to issue a National Day of Prayer proclamation each year, and to Presidential proclamations issued under it. (See prior posting.) This year's Proclamation calls for citizens to join the President "in giving thanks for the many blessings we enjoy. " It asks "all people of faith" to join the president "in asking God for guidance, mercy, and protection for our Nation."  It also asks for prayers on behalf of members of the armed forces, first responders, victims of natural disasters and "men and women everywhere who seek peace, human dignity, and the same rights we treasure here in America."

The non-governmental National Day of Prayer Task Force has declared its theme for this year to be "A Mighty Fortress Is Our God". Its 3-hour Washington, D.C. ceremony will be webcast live on Thursday beginning at 9:00 a.m. Shirley Dobson continues to chair the Task Force. This year's honorary chairman is Joni Eareckson Tada, an international advocate for people with disabilities. The only current elected federal official among the numerous speakers scheduled at the Washington, D.C. ceremony is Florida Congressman Allen West.  

With the increasing religious diversity of the nation, the Task Force has posted on its website the following "Official Policy Statement on Participation of “Non-Judeo-Christian” groups in the National Day of Prayer":

The National Day of Prayer Task Force was a creation of the National Prayer Committee for the expressed purpose of organizing and promoting prayer observances conforming to a Judeo-Christian system of values. People with other theological and philosophical views are, of course, free to organize and participate in activities that are consistent with their own beliefs. This diversity is what Congress intended when it designated the Day of Prayer, not that every faith and creed would be homogenized, but that all who sought to pray for this nation would be encouraged to do so in any way deemed appropriate. It is that broad invitation to the American people that led, in our case, to the creation of the Task Force and the Judeo-Christian principles on which it is based.

High School Sued Over Refusal To Recognize Student Religious Clubs

A lawsuit was filed in federal district court in New York on Monday challenging a school district's refusal to recognize a Christian student religious club. The complaint (full text) in Frontline Club v. Board of Education of the Hicksville Union Free School District, (ED NY, filed 5/2/2011), alleges that plaintiffs' 1st and 14th Amendment rights, as well as their rights under the federal Equal Access Act, were violated when the Hicksville High School principal refused to recognize religious clubs on the ground that it would be too expensive to provide an advisor to numerous religious groups that might wish to form. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Jewish Groups Fear Impact From Anti-Sharia Laws

JTA reported last week that Jewish organizations are concerned that anti-Sharia laws being proposed in many states will also impact the ability of Jewish litigants to resolve disputes according to halacha-- Jewish religious law. Recently a number of arbitrations from Jewish religious courts (bet din) have been taken to civil courts for enforcement. Of particular concern to Jewish groups are proposals in Nebraska and South Dakota that do not refer explicitly to sharia, but instead reference "religious codes" more generally. A letter to state legislatures urging them to reject anti-sharia legislation has been spearheaded by Jewish groups and has been signed onto by various civil liberties and religious organizations.

Woman Sues Claiming She Was Fired Because of Alleged Voodoo Curse

Yesterday's Southeast Texas Record reports that a federal religious discrimination lawsuit was filed last month against the Texas Health and Human Services Commission by former employee Victoria Vaughan who alleges she was fired after her supervisor claimed that Vaughan threatened her and other co-workers with a voodoo curse. The complaint alleges that the supervisor claimed to feel threatened by Vaughan's deeply held religious beliefs.

Supreme Court Denies Review In Case Involving San Francisco's Resolution Criticizing Cardinal Levada

The U.S. Supreme Court today denied certiorari in Catholic League for Religious and Civil Rights v. City and County of San Francisco, California (Docket No. 10-1034, cert. den. 5/2/2011). (Order List.) In the case, a fragmented majority of the 9th Circuit en banc dismissed an Establishment Clause challenge to a San Francisco Board of Supervisors resolution criticizing Cardinal William Levada for directing Catholic Charities to end adoption placements in same-sex households. The resolution urged Levada to withdraw his directive. (See prior posting.)

More On Bin Laden's Islamic Burial At Sea

CNN is now reporting more details (see prior posting) of the burial at sea of Osama bin Laden. Reporting on a briefing by Defense Department officials describing the rites that occurred on the aircraft carrier USS Carl Vinson, CNN said:

Osama bin Laden's body was buried at sea according to Islamic law because no country was willing or able to take his body for burial on land, senior Defense officials said.

"When there is no land alternative, Islamic law dictates that the body be buried within 24 hours, and that was the basis," one official said. "

A second senior Defense official said there was no country willing or able to accept the body for burial, and U.S. forces "took pains to observe Muslim law."

"Today's religious rites were conducted on the deck of the USS Carl Vinson in the Arabian sea. The ceremony started at 1:10am and finished at 2:10am ET," the second official said. "Procedures for Islamic body were followed. The body was washed and placed in a white sheet. A military official read prepared remarks, which were then translated into Arabic by a native speaker. The body of Osama bin Laden was placed on a flat board, which was then tipped up, and allowed to slide into the sea."

ABC News reports that the decision to bury bin Laden at sea was also motivated by the desire to avoid having a burial site that could become a terrorist shrine, even though some Muslim leaders say burial at sea is not customary, while others question whether bin Laden was worthy of the respect shown to his body. However, even criminals and murderers are usually given an Islamic burial.

The careful burial arrangements seem to reinforce the concern about reactions in the Muslim world that were first stressed as part of President Obama's remarks Sunday night announcing the U.S. operation.  Obama said:

[W]e must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.

Number of Violent Anti-Semitic Incidents World-Wide Drops In 2010

According to an annual report from Israel's Tel Aviv University, the number of violent anti-Semitic incidents world-wide dropped dramatically in 2010 from the prior year. Haaretz today reports that 2010 saw a 46% decline, from 1129 incidents in 2009 to 614 last year. However the drop is largely due to the high number of violent incidents in 2009 stemming from Israel's incursion into the Gaza Strip. The 2010 number was still among the highest since the 1980's.

Recent Articles of Interest

From SSRN:

• Scott Thomas Fitzgibbon, ‘That Man is You!’ The Juristic Person and Faithful Love, (International Journal of the Jurisprudence of the Family, Forthcoming).
• Alan E. Brownstein, The Religion Clauses as Mutually Reinforcing Mandates: Why the Arguments for Rigorously Enforcing the Free Exercise Clause and Establishment Clause are Stronger When Both Clauses are Taken Seriously, (Cardozo Law Review, Vol. 32, 2011).
• Bruce Van Baren, The Wall Comes Tumbling Down: The Establishment Clause Collides with School Choice, (April 27, 2011).
• Nico Voigtländer and Hans-Joachim Voth, Persecution Perpetuated: The Medieval Origins of Anti-Semitic Violence in Nazi Germany, (April 12, 2011).
• Jeremy Waldron, A Religious View of the Foundations of International Law, (April 26, 2011).
• Michael J. Perry, The Grounds of Human Rights, (Emory Public Law Research Paper No. 11-151, April 28, 2011).
• Michael J. Perry, What is a 'Human Right'?, (Emory Public Law Research Paper No. 11-150; San Diego Legal Studies Paper No. 11-055, April 28, 2011).
• Michael J.T. McMillen, An Introduction to Shari'ah Considerations in Bankruptcy and Insolvency Contexts and Islamic Finance's First Bankruptcy (East Cameron), (April 29, 2011).
• Charlotte H. Taylor, Hate Speech and Government Speech, (University of Pennsylvania Journal of Constitutional Law, Vol. 12, No. 4, p. 1115, April 2010).
• Eduardo Diaz, Maria Cristina Calderon Garcia, Katherine Romero Cristancho, Elana Prada Salas, and Eliane Barreto Hauzeur, Obstacles and Challenges Following the Partial Decriminalisation of Abortion in Colombia, (Reproductive Health Matters, Vol. 18, No. 36, pp. 118-126, November 2010). 

Other Recent Articles:

• Peter Irons, Curing a Monumental Error: The Presumptive Unconstitutionality of Ten Commandments Displays, 63 Oklahoma Law Review 1-46 (2010).

Michigan Church's RLUIPA Claims Rejected

In Great Lakes Society v. Georgetown Charter Township, (MI App., April 28, 2011), the Michigan Court of Appeals rejected a religious organization's "equal terms" RLUIPA claim because no evidence supported the contention that plaintiff's applications for a special use permit and variance were treated differently than applications by non-religious organizations. The religious organization ministers to persons who have chemical sensitivities to common environmental pollutants. The court also rejected plaintiff's "nondiscrimination" RLUIPA claim for lack of proof. Judge Shapiro wrote a concurring opinion arguing that the court's prior decision in the case had already decided the issues posed here.

U.S. Handling Bin Laden's Body In Accordance With Islamic Tradition

President Obama announced late Sunday night that the United States had conducted an operation in Pakistan that killed Osama bin Laden.  A U.S. government official has told the press that the U.S. is ensuring that bin Laden's body is being handled in accordance with Islamic tradition. (Washington Post).

UPDATE: Consistent with Islamic practice of burying a body within 24 hours of death, Osama bin Laden was buried at sea, according to a Los Angeles Times report on Monday.  A senior administration official says this option was chosen because it would have been difficult to find a country willing to accept bin Laden's remains. Sea Services has the rules for burial at sea under Islamic law.

Non-Theocratic Party Formed By Egypt's Muslim Brotherhood To Contest Up To Half Of Parliament Seats

In Egypt, the Muslim Brotherhood yesterday announced that it had formed the Freedom and Justice Party as a non-theocratic political party that will run candidates for Parliament in September's election. Egypt's constitution bans parties based on religion. According to AFP, the new party plans to contest 45% to 50% of the 508 elected seats in Parliament.

Recent Prisoner Free Exercise Cases

In Hawkins v. Gusman, 2011 U.S. Dist. LEXIS 43637 (ED LA, April 20, 2011), a Louisiana federal district court adopted a federal magistrate's recommendation (2011 U.S. Dist. LEXIS 43640, April 1, 2011) and dismissed an inmate's complaint that the Orleans Parish Prison offers no religious programs or communal services for inmates to attend.

On April 18, the U.S. Supreme Court denied certiorari (2011 U.S. LEXIS 2997) in Riggins v. Vail, a 9th Circuit case (sub. nom. Riggins v. Clarke) that upheld a prison policy requiring an inmate's committed name be used first on incoming and outgoing mail before any other official or religious name, and which rejected plaintiff's claim that his rights were violated by the refusal to allow him to buy prayer oils. (See prior posting.)

In Couch v. Jabe, 2011 U.S. Dist. LEXIS 43356 (WD VA, April 21, 2011) a Virginia federal district court upheld a prison's grooming policy over the objections of a Muslim inmate who wanted to wear a short beard for religious reasons. AP reports on the decision.

Teacher Told To End Prayer and Bible Verses In Class

The Ft. Smith, Arkansas Times Record reports that a Van Buren, Arkansas middle school teacher was told by administrators to end various religious practices she had introduced in her classes.  Teacher Jan Redden had prayed with the students before the annual Benchmark exams "for the Devil to be bound up and not to enter their brains." Redden has also given students personalized Christian Bible verses to carry in their pockets, and Bible verses were posted on her classroom wall. The school district says it follows Department of Education guidelines on religion in schools.

Oklahoma County Grants License To Perform Marriages To 3 Atheists Certified By FFRF

Today's Tulsa World reports that for the first time, the Tulsa County, Oklahoma County Court Clerk's Office has approved applications by leaders of three local atheist/ free thought organizations for licenses permitting them to perform marriages.  The three are: Bill Dusenberry, coordinator of the Tulsa Coalition of Reason; William Poire, president of the Atheist Community of Tulsa; and Randy Bradley, president of the Tulsa County chapter of the Freedom From Religion Foundation.  In what may be a stretch of the language in O.S. Sec. 43.7, the clerk's office essentially accepted the Freedom from Religion Foundation as the equivalent of an ordaining religious organization that approved the applicants. FFRF presented letters attesting that the three applicants had met its requirement for performing marriage. FFRF has developed a set of requirements that includes having read 10 books on free thought; reading a newspaper or news magazine regularly; traveling outside Oklahoma at least three times; and being in love at least three times.  FFRF also requires applicant to pass a multiple choice test.

An FFRF celebrant will only perform a marriage for a couple that are FFRF members, who are at least 25 years old or college graduates, and who promise not to allow their children to be "religiously or philosophically brainwashed."

Challenge To Zoning Denial By Interfaith Retreat Center Can Move Ahead

In a letter ruling in Oracle Institute v. Board of Supervisors of Grayson County, (VA Cir. Ct., April 26, 2011), a Virginia state trial judge rejected a number of defenses to a suit brought by an interfaith spiritual retreat center challenging the denial of a special use permit for property which it wished to develop.  The complaint (full text) claims that the denial stemmed from opposition by various clergy and their parishioners who opposed the philosophy of the Oracle Institute and its leader Laura George as being counter to the Christian beliefs of the community. The court held that plaintiffs had standing to assert a RLUIPA claim and various constitutional claims even though they do not own the property in question. It held that a private right of action lies to enforce the speech and religion guarantees set out in the Virginia constitution. It also rejected various immunity claims.  However the court did hold that one of the defendants, the county Board of Supervisors, was not a proper party under RLUIPA. The Rutherford Institute issued a press release announcing the court's ruling.

UPDATE: On Dec. 14, 2011, the Grayson County Board of Supervisors granted a permit for development of the retreat center. (AP).