Student Delivers Graduation Prayer, Ignoring Scheduled Moment of Silence

CBN and Wall of Separation both report (with somewhat different flavors) on graduation ceremonies last week at Louisiana's Bastrop High School. The school's graduation traditionally included a prayer, but this year for the first time one of the graduating seniors complained about the tradition. Upon advice of its attorney, the school board reprinted the graduation programs to substitute Moment of Silence for the prayer. However when graduating senior Laci Rae Mattice stood at the podium to lead the moment of silence, she instead recited the Lord's Prayer, asking those who shared her beliefs to bow their heads. Not surprisingly, the episode has generated rather different responses around the country. Matthew Staver, chairman of Liberty Counsel, said that students have the right to express religious as well as secular views at graduation.  Meanwhile, the Freedom from Religion Foundation has offered Damon Fowler, the student who originally complained about the prayer, its $1000 student activist award.

Efforts Underway To Create Jewish Section In Texas State Cemetery

In Texas, former state officials and others selected because of their contributions to Texas history or culture are awarded the opportunity of being buried in the Texas State Cemetery in East Austin. (Background.)  The Austin Statesman carried a commentary Saturday on efforts by one Texas woman to create a Jewish section in the cemetery so observant Jews who, under Jewish law, can be buried only in portions of a cemetery set aside for Jewish burials, can accept the honor of being buried there. Camille Kress, a convert to Judaism, is pressing the effort. She and her husband (who has been active in education policy) have plots reserved at the cemetery, but have not decided whether they will use them if no separate Jewish section is created. A 2008 opinion from the state attorney general's office concluded that creating the area and installing a water feature that would allow mourners to engage in traditional washing of their hands, would be constitutional and consistent with the purpose of the statute creating the cemetery. It would remove a religious person's inability to accept the honor of burial there.

Firing of British Prison Officer For Wearing Sikh Kirpan Is Upheld

In Britain, an Employment Tribunal has upheld the firing of a Sikh prison officer who insisted on wearing his kirpan (small ceremonial dagger) in Dovegate Prison near Uttoxeter. This Is Derbyshire reported Saturday that the Tribunal's judge ruled prison officer Jagdip Singh Dhinsa had not been discriminated against. The Tribunal also upheld a National Offender Management Service ban on staff wearing the Kirpan in prisons, except for Sikh prison chaplains. The The Ministry of Justice warned of the risks involved: "a member of staff may be targeted or even taken hostage by prisoners if it is known that he is wearing the Kirpan [or] ... the Kirpan may be inadvertently dropped and lost within the prison."

Malta To Vote On Ending Divorce Ban; Church Is Strongly Opposed

Next Saturday, Malta -- which is 95% Catholic-- is holding a referendum on whether divorce should be legalized in the country. The London Telegraph reports that Malta is the only member of the European Union that does not permit divorce and only one of two nations in the world. The other is the Philippines. The ballot measure will read:

Do you agree with having the option of divorce for married couples who have been separated for four years when there is no reasonable hope for reconciliation, and when adequate maintenance is guaranteed and the children are cared for?

The electorate is very closely split on the issue, with proponents slightly in the lead.  The Catholic Church uses the pulpit on Sunday mornings to urge a "no" vote. The "yes" movement hold rallies in public squares around the country on Sundays immediately after church services. Malta's constitution declares Catholicism the official religion of the country. Meanwhile, according to CNA, some are arguing that ending Malta's ban on divorce would encourage radical Islam. Some 3000 Muslim North African refugees have recently come to Malta, fleeing unrest in their home countries. They join 6,000 Muslims already there. U.S. author Stephen Schwartz argues: "a radical would see as much confusion as possible among the non-Muslims as good for the Muslims." He fears radical Muslim clerics would see those who have divorced-- and thus left the Church-- as fair game for Muslim proselytizing.

Recent Articles of Interest

From SSRN:

• Hdeel Abdelhady, The Front Office Generates Revenue, the Back Office Creates Value: Operational Excellence is the Key to Unlocking Value in Islamic Finance, (December 8, 2010).
• Hdeel Abdelhady, Islamic Law in Secular Courts (Again): Teachable Moments from the Journey, (May 8, 2011).
• Meir Katz, The Economics of Section 170: A Case for the Charitable Deduction of Parochial School Tuition, (Rutgers Journal of Law and Religion, Vol. 12, No. 2, p. 224, Spring 2011).
• Perry Dane, Review of ‘Islam and the Secular State: Negotiating the Future of Shari‛a’ by Abduallahi Ahmed An-Na‛im, (Ancient Traditions, New Conversations, 2011).

From SmartCILP and elsewhere:

• Ian Bartrum, Salazar v. Buono: Sacred Symbolism and the Secular State, 104 Northwestern University Law Review 1653-1664 (2010).
• Chad M. Cullen, Can TRIPS Live in Harmony with Islamic Law? An Investigation of the Relationship Between Intellectual Property and Islamic Law, 14 SMU Science and Technology Law Review 45-68 (2010).
• Constance Frisby Fain, Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses, 44 Akron Law Review 221-260 (2011).
• Brian H. Bix, Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)—A Comment on Oman’s Article, 1 Wake Forest L. Rev. Online 61 (2011).

Disclosure To Jewish Religious Court Waives Privilege As To Information From Social Worker

A Toms River, New Jersey state Superior Court judge last week ruled that former yeshiva teacher Yosef Kolko, who has been criminally charged with sexual assault on an 11-year old boy, has waived the confidentiality of statements he made to a social worker. The Asbury Park Press reports the details.  Originally the victim's father reported the assault to a Bet Din (Jewish religious court) which employed a Brooklyn social worker to interview Kolko to determine whether the charges were credible.  Kolko signed a waiver allowing information from the interview to be reported to the Bet Din.  Now state court judge Francis R. Hodgson has ruled that this amounted to a waiver of the privilege that would otherwise attach to the information. The judge said in part: "I think that it is not a small factor to be considered that [the Bet Din] is a parallel justice system ... within a closed community."

Recent Prisoner Free Exercise Cases

In Williams v. Bradford, 2011 U.S. Dist. LEXIS 51879 (D NJ, May 13, 2011), a New Jersey federal district court dismissed, without prejudice, an inmate's claims that his rights under the 1st, 14th and 8th amendments as well as RLUIPA were violated when  the coordinator of the prison's NuWay Program made mocking remarks about Islam and mimicked an Arabic prayer. It also dismissed claims that supervisors failed to enforce rules of the NuWay program.

In Baker v. Pratt, 2011 Ariz. App. Unpub. LEXIS 573 (AZ Ct. App., Jan. 20, 2011), an Arizona appellate curt dismissed an inmate's complaint that his rights were violated when his meal schedule for kosher meals required him to eat breakfast and lunch at the same time on weekends.

In Freeman v. Julious, 2011 U.S. Dist. LEXIS 52604 (ED CA, May 6, 2011), a California federal magistrate judge dismissed claims by an inmate, a practitioner of Satanism, that he was denied access to religious items, such as a satanic bible, and other materials and artifacts, and was denied access to a satanic clergyman.

In Ali v. Dewberry, 2011 U.S. Dist. LEXIS 52765 (ED TX, May 17, 2011), a Texas federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 52766, April 21, 2011) and dismissed a complaint by a Muslim inmate that his religious concerns about not helping others to eat pork were violated when he was assigned to work as a fork lift operator at a packing plant that slaughtered and processed pork. He was required to wrap boxes and move them with a fork lift.

UPI reported last week that after court rulings in a Muslim inmate's favor, Virginia's attorney general has settled a suit brought by Rashid Qawi al-Amin. The Corrections Department will place $2,5000 worth of Islamic materials in the Greensville Correctional Center's library and will hire a Muslim inmate to work in the library.

Falun Gong Class Action Claims Cisco Helped China Track Practitioners

In an interesting new lawsuit, a number of U.S. and Chinese citizens who are practitioners of Falun Gong have filed a class action in federal court in California against Cisco Systems, Inc. and its executives for their alleged role in providing technology to the Chinese government that permitted it to track and persecute Falun Gong members. The action was filed on behalf of:

All person who were identified as Falun Gong practitioners through the use of the Golden Shield by Chinese authorities and were thereafter subjected to detention and/or physical abuse and/or torture for their Falun Gong related activity, and suffered injury as a result.

The 52-page complaint (full text) in Doe v. Cisco Systems, Inc., (ND CA, filed 5/19/2011), asserts 15 causes of action including violations of the Alien Tort Statute and the Torture Victims' Protection Act.  It alleges that:

Cisco Systems, Inc.... knowingly, purposefully and intentionally designed, supplied, and helped to maintain a censorship and surveillance network known as the Golden Shield in collaboration with the Chinese Communist Party and Chinese Public Security officers, knowing and intending that it would be utilized by members of the Communist Party of China ("CCP") and Chinese Public Security officers to eavesdrop, tap and intercept communications, identify, and track Plaintiffs as Falun Gong members for the specific purpose of subjecting them to gross human rights abuses, including arbitrary arrest and detention, torture, extrajudicial killing, and crimes against humanity, all in violation of international, U.S., and California law.

Reuters, reporting on the lawsuit, says that Cisco denies the allegations and contends that the company does not customize its products in any way that would facilitate censorship or repression.

Anti-Gay Pastor Questions Obama's Religion In Prayer Opening Minnesota House Session

Salon reports on the controversy generated by the prayer offered on the floor of the Minnesota House of Representatives yesterday by Bradlee Dean, founder of the You Can Run But You Cannot Hide ministry. The prayer questions President Obama's religious beliefs. Dean ended his invocation as follows:

I know this is a non-denominational prayer in this Chamber and it's not about the Baptists and it's not about the Catholics alone or the Lutherans or the Wesleyans. Or the Presbyterians the evangelicals or any other denomination but rather the head of the denomination and his name is Jesus. As every President up until 2008 has acknowledged. And we pray it. In Jesus' name.

Republican House Speaker Kurt Zellers denounced Dean's remarks and said: "That type of person will never ever be allowed on this House floor again as long as I have the honor of serving as speaker." As reported by the Minnesota Independent, Dean has previously generated controversy by statements calling for imprisonment of gays and lesbians, accusing gay men of child molestation and saying that Muslim countries that execute gays are more moral than American Christians.

New Oil Drilling Order Pays More Attention To Plains Indian Religious Site

The Mitchell (SD) Daily Republic reports that last Wednesday the South Dakota Board of Minerals and Environment revoked an order issued last year that would have permitted up to 24 oil wells to be drilled within 1.5 miles of Bear Butte, a site of great spiritual importance to the Northern Plains Indian Tribes such as the Cheyenne. Instead, after two days of hearings, the Board issued a new order allowing only five wells to be drilled, and requiring them to be outside the boundaries of Bear Butte national historic site. The new order also requires monitoring of drilling sites by archaeologists and tribal representatives. The new hearings were called after it was discovered that the Board failed to submit the original drilling application to the state historical preservation office for review, as required for projects that will encroach on national historic landmark sites. At the time of the earlier application hearing, no one realized that part of the proposed oil field would be within a national historic site boundary. (See prior related posting.)

Religious Instruction In Australian Schools Is Being Questioned

In Australia, the federal government allocates $222 million for school chaplaincy programs. However, according to a report this week in The Australian, the program has become controversial because 98.5% of the chaplains funded by the program are Christian, while only 64% of Australians identify as Christians. Also, the chaplains who teach in the program are volunteers and do not have to be trained as teachers. Anna Halafoff from Monash University says: "The problem with special religious instruction - the current program - is that it's not education about religions but education into a particular religion." The religious education program in the state of Victoria is under particular scrutiny after the head of Access Ministries, the group that provides school chaplains in Victoria, was quoted as saying: "We need to go and make disciples."

With The Earth Surviving, Some Suggest Suing Preacher Who Predicted The Rapture For Today

As reported by the London Telegraph, the widely publicized prediction by 89-year old California preacher Harold Camping that the Rapture would begin at 6:00 p.m. today in every time zone has not come true. The Rapture was to have seen all who were saved ascend to heaven and others destroyed by massive earthquakes. Now, according to God Discussion, some on the Internet are suggesting that donors who contributed funds to Camping’s ministry should sue to recover their contributions. Camping’s Family Radio is said to have assets of over $120 million.

Kentucky Finalizes Tax Breaks For Noah's Ark Theme Park

Finalizing action that Kentucky Governor Steve Beshear announced last year (see prior posting), the Kentucky Tourism and Development Finance Authority voted unanimously yesterday to grant $40 million in tax rebates to a Noah's Ark theme part to be built by Answers in Genesis ministry. The same group previously built the popular Creation Museum in Kentucky.  The Washington Post reports that the goal of the park is to dispel doubts that Noah could have fit two of every kind of animal in an ark.  The park will also include a replica of the Tower of Babel, theaters, lecture halls, a restaurant and a petting zoo. The park-- a $172 million project-- is expected to draw nearly 1.4 million visitors a year and create 600 to 700 full time jobs. Advocates of church-state separation have criticized the tax benefits.  Barry W. Lynn, executive director of Americans United said that the state should not be in the business of promoting fundamentalist Christianity or any other religion.

Salafis In Egypt Seeking To Form Moderate Political Party

AlMasry AlYoum reported yesterday that in Egypt a group of Salafi Muslims are collecting signatures to form a new political party to be called Fadila (Virtue) Party. Founders say the party, which is open to members of all sects, is aimed at spreading justice and equality and restoring Egypt to its former glory in accordance with Islamic principles. Salafi leader Hesham Kamal says the party is to be based on moderation and led by legal and scientific figures who took part in the January 25 revolution.  Kamal adds:

The party calls for a civil state with a religious reference and calls for a new constitution in accordance with the wishes of the people. The party is not concerned with the enforcement of hudood punishments [Islamic punishments for moral crimes] as there is more to religion than hudood punishments.

Iranian Court Acquits 11 Christians Finding Their Church Attendance Constitutionally Protected

Christian Today reports that in Iran, eleven members of the Church of Iran have been acquitted of charges that they engaged in "action against the order of the country" and that they were drinking alcohol.  According to the report published today, the charges were filed after the eleven attended a house church meeting and took communion wine.  In a written decision, the Iranian court concluded that the eleven were taking part in a Christian ceremony and that their conduct was protected under Article 13 of the Iranian Constitution that provides that: "Zoroastrian, Jewish, and Christian Iranians ... are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education." In separate cases, six other Christians are awaiting a hearing in Shiraz on blasphemy charges and a pastor of the Church of Iran is awaiting the outcome of an appeal of his death sentence for apostasy

Defamation Claim Against Pastor Dismissed Under Ecclesiastical Abstention Doctrine

In Kaplan v. Khan, (NY Sup. Ct. Kings Co., May 17, 2011), a New York trial judge dismissed a defamation claim brought by a woman against her former pastor.  At issue was pastor Nizam Khan's "rebuke" during a prayer service of Gloria Kaplan who was renting an apartment in her home to the pastor's daughter and a married man with whom the daughter was living. Khan allegedly told Kaplan: "you are running a house of prostitution and you are a whore, and you have made it just like the house of prostitution that was in the Bible when Hoffney and Phineas took in prostitutes into the temple." The court applied the ecclesiastical abstention doctrine to dismiss the case, concluding:

To the extent that the alleged statements yet convey any defamatory meaning, it is a pronouncement of the moral judgment of a pastor upon the conduct of a church member. Plaintiff acknowledges the religious practice of "rebuke," and, perhaps more importantly, acknowledges the underlying conduct declared by Defendant to be morally wanting.... To allow Plaintiff's claim to proceed under these circumstances "would necessarily involve an impermissible inquiry into religious doctrine and a determination as to whether the plaintiff violated religious law"

[corrected] 

Circumcision Ban Makes It To San Francisco Ballot

The Jewish Journal reports that on Wednesday, San Francisco (CA) Department of Elections approved a petition seeking to place a ban on circumcising boys under the age of 18 on the ballot in November. City officials approved as valid over 7,700 of the 12,000 signatures submitted. If approved, circumcision, except for medical reasons, and without any exemption for religion, would become a misdemeanor punishable by up to one year in jail and a $1000 fine. (See prior related posting.) Slate has background on the constitutional issues raised by the proposed ordinance.

Phrasing of Death Penalty Intent Notice Does Not Violate Establishment Clause

The Dexter (MO) Daily Statesman reported yesterday that a Bloomfield, Missouri state judge has denied a motion by attorneys for accused killer Allen "Smurf" McCoy challenging on Establishment Clause grounds the state's death penalty intent notice. In it the state alleged that by murdering an individual known to be handicapped and in ill-health, McCoy showed "depravity of mind and a callous disregard for the sanctity of all human life." McCoy's attorney argued that using the term "sanctity of life" favors religion, and that if the phrase were used in jury instructions, it would make a juror who lacked religious belief unable to render a verdict because the juror would not recognized the "sanctity" of all life. The court ruled that this was merely a reference to the "specialness" of life. Defendants are expected to appeal.

Most Claims Challenging Murfreesboro Mosque Are Dismissed

A Tennessee state Chancery Court judge has dismissed most of plaintiffs' claims in a widely publicized lawsuit seeking to prevent construction of a mosque in Murfreesboro, Tennessee. The Murfreesboro Daily News Journal as well as AP report that Chancellor Robert Corlew dismissed all the challenges to the Rutherford County Regional Planning Commission's approval of building plans, but is allowing plaintiffs to move ahead with their claim that the county violated the Open Meetings Act when it publicized the Planning Commission meeting only in the Murfreesboro Post. Plaintiffs claim this is not a "newspaper of general circulation."  The case attracted particular attention when plaintiffs' attorney suggested that Islam is not a "religion" but instead is a political movement so that the proposed mosque should not get the special zoning treatment given to houses of worship. (See prior posting.) Chancellor Corlew wrote in his opinion:

We must note that, under the law, the Plaintiffs have not demonstrated a loss different from that which is common to all citizens of Rutherford County.... That Islam is a religion has been proven in this case. That the county ordinance allows construction of a church or place of meeting within a residential planning zone as a matter of right in this case is further undisputed.

Obama Includes Religious Liberty Concerns As Part of His Speech On Middle East Policy

Today President Obama delivered a major speech (full text) on U.S. policy in the Middle East in light of recent developments there. C-Span reports on the address delivered at the State Department.  Obama dealt with religious freedom in part of his lengthy remarks. Here is what he said:

The United States supports a set of universal rights. And these rights include free speech, the freedom of peaceful assembly, the freedom of religion, equality for men and women under the rule of law, and the right to choose your own leaders -– whether you live in Baghdad or Damascus, Sanaa or Tehran....

We look forward to working with all who embrace genuine and inclusive democracy. What we will oppose is an attempt by any group to restrict the rights of others, and to hold power through coercion and not consent. Because democracy depends not only on elections, but also strong and accountable institutions, and the respect for the rights of minorities.

Such tolerance is particularly important when it comes to religion. In Tahrir Square, we heard Egyptians from all walks of life chant, "Muslims, Christians, we are one." America will work to see that this spirit prevails -– that all faiths are respected, and that bridges are built among them. In a region that was the birthplace of three world religions, intolerance can lead only to suffering and stagnation. And for this season of change to succeed, Coptic Christians must have the right to worship freely in Cairo, just as Shia must never have their mosques destroyed in Bahrain.