Virginia County Reauthorizes 10 Commandments In Schools

The Giles County, Virginia school board has been struggling for months over whether and how copies of the Ten Commandments should be displayed in its schools. As previously reported, for ten years copies of the Ten Commandments had been displayed next to a copy of the Constitution. Last December they were removed after a complaint from the Freedom from Religion Foundation (FFRF). By January they were back up after community members complained about their removal.  But in February they were again removed. And again this was met with student and community protests. Now the Roanoke Times reports that last Tuesday, by a split vote, the school board again voted to restore the Ten Commandments to the schools, but this time with an elaborate resolution (full text) drafted with the advice of the Christian advocacy group, Liberty Counsel. The Ten Commandments are now to be included as part of a display of nine specified historical documents.  The posting of this display in any school can be financed by private parties, and a procedure is set out for others who want to finance the posting of additional historical documents. The FFRF and ACLU say they will file suit.

New USCIRF Commissioner Appointed

The U.S. Commission on International Religious Freedom announced that on June 7, President Obama appointed Azizah Y. al-Hibri to be a member of the Commission.  The new appointee is Professor of Law at the University of Richmond and founder of KARAMAH: Muslim Women Lawyers for Human Rights. Dr. al-Hibri will replace outgoing commissioner Imam Talal Eid.

IRS Announces Loss Of Non-Profit Status By Groups That Failed To File For 3 Years

The Internal Revenue Service announced yesterday that some 275,000 non-profit organizations have automatically lost their tax-exempt status because they failed to file their annual return (Form 990 or 990-N) for three consecutive years. Most of the organizations affected likely no longer exist. Churches, various church organizations, church-affiliated elementary and high schools and religious activities of religious orders are not affected since they are exempt from annual IRS filings. (IRS background). However other types of religious organizations are among those that have been affected. The IRS has posted a list of all the organizations which have lost their exemptions and has posted an FAQ document explaining how to restore tax exempt status.

9th Circuit Hears Oral Arguments In Ban On School Use of Primary Source Religious Books

On Tuesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in Nampa Classical Academy v. Goesling. (Audio recording of full arguments.) In the case, the trial court rejected a challenge by a state-funded charter school to a state policy that barred its use of the Bible, the Koran and other sectarian books as primary source teaching material. The district court held that the charter school is itself a political subdivision and has no rights to assert against the state that is controlling the content of governmental speech. (See prior posting.) Blog from the Capital reports on the oral arguments.

Circumcision Ban Ballot Efforts Dropped in Santa Monica

As previously reported, last month a proponent began efforts in Santa Monica, California to get on the ballot there a proposal to ban circumcision, identical to the one being voted on this fall in San Francisco. Now, according to the New York Times earlier this week, the proponent in Santa Monica is dropping her efforts to get the issue placed before voters. Jenna Troutman, creator of the website wholebabyrevolution.com , explained her change of heart:  "The religious opposition really rose up, and I never intended it to be about that at all. Ninety-five percent of babies who are circumcised have nothing to do with religion — that’s what I was focused on. Once I discovered this bill was not going to open up the conversation but was closing it down, I wanted no part of it."

Illinois Catholic Charities Sue To Maintain Adoption and Foster Care Policies That Exclude Same-Sex Couples

Three Illinois Catholic dioceses-- those of Springfield, Peoria and Joliet-- today filed a lawsuit in state court in Illinois seeking a declaratory judgement that they are acting within the law in offering adoption and foster care services only to married couples and to non-cohabiting single individuals and in refusing to place children with couples in same-sex civil unions. The lawsuit also seeks injunctive relief.  According to a press release from the Thomas More Society, the lawsuit was filed after the state Attorney General's office had issued a letter seeking information to determine whether Catholic Charities was in violation of the state's Human Rights Law by discriminating on the basis of religion, marital status or sexual orientation in screening potential foster or adoptive parents.

The complaint (full text) in Catholic Charities of the Diocese of Springfield-in-Illinois v. State of Illinois, (Cir. Ct. Sangamon Co., filed 6/7/2011), claims that the adoption agencies are not subject to the public accommodation provisions of the Illinois Human Rights Act or, if they are, that it would violate the Illinois Religious Freedom Restoration Act to apply the provisions to them. It also contends that Illinois new Religious Freedom Protection and Civil Union Act does not require them to change their practices because the Act protects "the religious practices of any religious body." Previously, three Illinois dioceses, including two of the plaintiffs in this litigation, had announced they were ending their adoption and foster care placements because of the potential effects of the new Civil Unions law. (See prior posting.)

Egypt Recognizes Muslim Brotherhood's New Political Party

Egypt's Committee of Party Affairs on Monday gave official recognition to the Freedom and Justice Party, according to a report today from the Egyptian Gazette. The Party was created by the Muslim Brotherhood, and has now met all the requirements of the New Parties Law. Meanwhile, AP reports that a Gallup poll released Sunday shows that only 15% of Egyptians support the Muslim Brotherhood, while 60% indicated no political preference. The poll also showed that 69% of Egyptians thought religious leaders should have an advisory role in writing national legislation. (See prior related posting.)

St. Xavier University Not Entitled To Exemption From NLRA

An NLRB Regional Director's decision last month ruled that adjunct faculty at Chicago's St. Xavier University are entitled to hold a collective bargaining election.  The decision in St. Xavier University, (NLRB Reg. 13, May 26, 2011) rejected the argument that the school is exempt from NLRB jurisdiction under 1st Amendment doctrines because of its religious character . The NLRB Director concluded that the university operates as a secular institution, not as one that has a "substantial religious character."  In supporting this conclusion, the Director wrote in part:

The Employer follows Ex Corde, which is the Catholic Church’s guiding document for universities to promote academic freedom. Under this document, faculty are left unfettered with regard to imbuing or inculcating students and curriculum with Church doctrine or religion.... Similarly, there is no evidence that the University would discipline or fire faculty if they did not hold to Catholic values.

In January, an NLRB regional director reached a similar result in the case of Manhattan College. (See prior posting.) Last month, the Cardinal Newman Society published a paper titled The NLRB's Assault on Religious Liberty, arguing: "The NLRB has claimed jurisdiction over Catholic colleges and universities for decades, forcing institutions to recognize faculty unions despite the potential interference with their ability to enforce their religious missions." [Thanks to Alliance Alert for the lead.]

Student Will Be Allowed To Wear Nose Stud In Settlement of Lawsuit

ACLU of North Carolina yesterday announced a settlement in a suit brought by a high school student who was suspended for wearing a small nose stud as an expression of her religious faith.  (See prior posting.) The Consent Order (full text) in Iacono v. Croom, (ED NC, June 6, 2011) provides that the student will be permitted to wear her nose stud as an expression of her religious faith. Also the school's policy on accommodation of religious beliefs will be modified so that in determining exemptions from provisions of the Dress Code the school will only look at whether a religious belief is sincerely held, and not also at whether the belief is central to a faith's religious doctrine

Army Appoints Military's First Hindu Chaplain

Huffington Post yesterday reported that the U.S. military has appointed its first Hindu chaplain and has developed a new badge for Hindu chaplains. It features the symbol "Om." On May 16, Army Captain Pratima Dharm moved from her position as a Chaplain Clinician at Walter Reed Medical Center Hospital to become the first Hindu member of the Army's chaplaincy corps.  Dharm earned her military commission in 2006 and previously served in Iraq where she was selected for the Army's Clinical Pastoral Education Program. Chinmaya Mission West and three lay leaders of Hindu services at the Pentagon served as endorsing agents for Dharm to become an Army chaplain.  Stars and Stripes last week carried an article on the multi-faith background that Dharm brings to her new position.

Soccer Official Bans Islamic Head Covering For Iran's Olympic Women's Team

Yesterday, Iran's women's soccer team was disqualified from competing in an Olympics qualifying match because of the head coverings which the women were wearing.  The Washington Post and AFP report on developments. In Iran, women athletes are required, in order to comply with Shiite Islamic requirements, to cover their head and body. In April 2010,the International Federation of Association Football (FIFA) announced that it would ban headscarves during the 2012 London Olympics.  Iran's Football Federation designed special headscarves that wrapped tightly around the head and neck, and claims that it obtained FIFA approval for them. However, yesterday a referee disqualified the team just before they were to take the field against Jordan in a qualifying round in Amman. FIFA says Iran was informed that covering the neck was banned for safety reasons. Marzieh Akbarabadi, the official in charge of women's sports in Iran, charges that the disqualification, imposed by the FIFA referee who was a Bahraini national, was politically motivated.  Iran has been a critic of the crackdown by Bahrain's Sunni rulers on Shiite protesters in Bahrain. Iran plans to file a formal complaint over the disqualification with FIFA.  If FIFA insists on its position, apparently Iran will refuse to participate in international competitions.

Newsweek Features "The Mormon Moment" In Public Life

Newsweek's Cover Story this week is on "The Mormon Moment."  An article titled Mormons Rock! argues in part:

No question the Church of Jesus Christ of Latter-day Saints is “having a moment.” Not only is Romney running again—this time, he’s likely to be competing against his distant Mormon cousin Jon Huntsman Jr. The Senate, meanwhile, is led by Mormon Harry Reid. Beyond the Beltway, the Twilight vampire novels of Mormon Stephenie Meyer sell tens of millions of copies, Mormon convert Glenn Beck inspires daily devotion and outrage with his radio show, and HBO generated lots of attention with the Big Love finale. Even Broadway has gotten in on the act, giving us The Book of Mormon, a big-budget musical about Mormon missionaries by South Park creators Trey Parker and Matt Stone and Avenue Q writer Robert Lopez that, with 14 nominations, is expected to clean up at the Tony Awards on June 12.

But despite the sudden proliferation of Mormons in the mainstream, Mormonism itself isn’t any closer to gaining mainstream acceptance. And nowhere is the gap between increased exposure and actual progress more pronounced than in politics. In recent weeks NEWSWEEK called every one of the 15 Mormons currently serving in the U.S. Congress to ask if they would be willing to discuss their faith; the only politicians who agreed to speak on the record were the four who represent districts with substantial Mormon populations. The rest were “private about their faith,” or “politicians first and Mormons second,” according to their spokespeople.

Czech Government Proposes Settlement For Nationalized Church Property

In the Czech Republic, another attempt is being made to settle claims of churches for property that was nationalized after the Communist takeover of Czechoslovakia in 1948.  An agreement between a government committee and religious orders reached in 2007 (see prior posting) did not obtain sufficient votes in Parliament for its approval. According to the Prague Daily Monitor last week, now a government commission has proposed that 56% of the churches' former property (mainly fields, forests and ponds) be returned to them, and that they be compensated the equivalent of $3.55 billion (US) over periods of up to 30 years for the remaining land. These figures may be adjusted as it is determined what to do with property now in military areas.

In an article last Friday, the Prague Daily Monitor reported additionally that the Defense Ministry, as part of a plan to reduce the number of military training areas, is willing to return additional forest land plus 5 church buildings on property now held by the military. This would reduce the compensation for remaining lands to $3.43 billion. These proposals will become the basis of negotiations with the Czech Ecumenical Council of Churches. The goal of the settlement is to make churches financially independent. Currently they receive the equivalent of  $9 million (US) from the government each year. The opposition Social Democratic Party has criticized the proposed settlement. It wants the settlement funds to go to a special foundation created by the government and managed by the churches.

Texas Governor Spearheads Christian Prayer Meeting For U.S. To Be Held In August

Reuters yesterday reported on an event initiated by Texas Governor Rick Perry-- "The Response: A Call To Prayer for a Nation In Crisis." Scheduled for Reliant Stadium in Houston, Saturday August 6, the event is billed as "a non-denominal, apolitical Christian prayer meeting [that] has adopted the American Family Association statement of faith." The AFA is financing the event. The event's website features an invitation to "Fellow Americans" from Gov. Perry which reads:

Right now, America is in crisis: we have been besieged by financial debt, terrorism, and a multitude of natural disasters. As a nation, we must come together and call upon Jesus to guide us through unprecedented struggles, and thank Him for the blessings of freedom we so richly enjoy.

Some problems are beyond our power to solve, and according to the Book of Joel, Chapter 2, this historic hour demands a historic response. Therefore, on August 6, thousands will gather to pray for a historic breakthrough for our country and a renewed sense of moral purpose.

I sincerely hope you’ll join me in Houston on August 6th and take your place in Reliant Stadium with praying people asking God’s forgiveness, wisdom and provision for our state and nation. There is hope for America. It lies in heaven, and we will find it on our knees.

[Thanks to Scott Mange for the lead.] 

U.S. Bishops Will Vote On Statement Opposing Physician-Assisted Suicide

According to a press release last week, the U.S. Conference of Catholic Bishops this month will debate and vote on a policy statement on physician assisted suicide. At the Bishops' Spring General Assembly, June 15-19, participants will vote on a document titled "To Live Each Day With Dignity." Concerned with a growing movement to legalize physician-assisted suicide, the draft document says that the practice does not promote compassion because its focus is on eliminating the patient, not on eliminating suffering.

Recent Articles of Interest

From SSRN:

• Alexander Volokh, Prison Vouchers, (University of Pennsylvania Law Review, Forthcoming).
• Nicholas Walter, The Status of Religious Arbitration in the United States and Canada, (Santa Clara Law Review, Forthcoming).
• Sadaf Mehmood, Islam and Modern Ideologies, (2011).
• Julio C. Colon, Choice of Law and Islamic Finance, (Texas International Law Journal, Vol. 46, No. 2, 2011).
• Edward A. Zelinsky, Winn and the Inadvisability of Constitutionalizing Tax Expenditure Analysis, (Yale Law Journal Online, Vol. 121, p. 25, 2011).
• Mary Jean Dolan, The Cross National Memorial: At the Intersection of Speech and Religion, (Case Western Reserve Law Review, Vol. 61, No. 4, 2011).
• Michael Sant'Ambrogio and Sylvia A. Law, Baehr v. Lewin and the Long Road to Marriage Equality, (University of Hawaii Law Review, Vol. 33, 2011).
• Jackie Gardina, The Defense of Marriage Act, Same-Sex Relationships and the Bankruptcy Code, (May 23, 2011).
• Carolyn M. Evans and Beth Gaze, Discrimination by Religious Schools: Views from the Coal Face, (Melbourne Univeristy Law Review, Vol. 34, No. 2, 2010).

From SmartCILP:

• Conference: Laicite in Comparative Perspective. Foreword by Mark L. Movsesian; panel participation by Michael Simon, Mark L. Movsesian, and Marc O. DeGirolami, moderators; Douglas Laycock, Mark L. Movsesian, Nathalie Caron, Blandine Chelini-Pont, Rosemary C. Salomone, Emmanuel Tawil, Nina J. Crimm, Javier Martinez-Torr¢n and Elizabeth Zoller, panelists. 49 Journal of Catholic Legal Studies 1-142 (2010).

Church's RLUIPA Challenge To Zoning Denial Is Rejected

In Wesleyan Methodist Church of Canisteo v. Village of Canisteo, 2011 U.S. Dist. LEXIS 58586 (WD NY, June 1, 2011), a New York federal district court held that a church had failed to plausibly plead that denial of its zoning request by the Village of Canisteo, NY imposed a substantial burden on the church's free exercise rights under RLUIPA.  The city refused to permit building of a church in a light industrial zone. However, several other alternatives were available to the church, including building new structures on its existing property.

Recent Prisoner Free Exercise Cases

In Hayes v. State of Tennessee, (6th Cir., June 1, 2011), the 6th Circuit rejected an inmate's claim that his free exercise rights were infringed when Tennessee Department of Corrections policies were applied to deny him white supremacist religious literature mailed to him, even though another inmate had been given access to the same material. However the inmate was permitted to move ahead with his claim that the denial violated his rights under RLUIPA. ABA Journal reports on the decision.

In Garret v. Billings, 2011 U.S. Dist. LEXIS 56460 (ED CA, May 25, 2011), a California federal magistrate judge  dismissed, with leave to amend, a Muslim inmate's complaint that he was only allowed two ounces of prayer oil per quarter and that he and other Muslims were denied access to the prison's multipurpose chapel.

In Reiss v. Stansel, 2011 U.S. Dist. LEXIS 56655 (D AZ, May 24, 2011), an Arizona federal district court permitted an inmate who claimed to be Jewish to move ahead with claims that he was not provided a kosher diet, was denied access to the facility's chapel, and denied access to a Torah and Siddur (prayer book). However the court dismissed his complaint regarding the lack of Jewish congregate services, and dismissed the official capacity claims against defendants.

In Rider v. Yates, 2011 U.S. Dist. LEXIS 57710 (ED CA, May 31, 2011), a California federal magistrate judge rejected a claim by a state prisoner that his rights were violated when unidentified prison mail room staff confiscated tarot cards, incense, an incense burner, and a set of gem stones sent as a donation to the Lefthand Path, a religion in which Plaintiff was a high priest.

In Davis v. Abercrombie, 2011 U.S. Dist. LEXIS 58011 (D HI, May 27, 2011), an Hawaii federal magistrate judge denied a change of venue from Hawaii to Arizona in a case brought by several inmates who were convicted in Hawaii but were moved to privately operated correctional facilities in Arizona. Plaintiffs claimed that the Arizona facility does not let them practice their native Hawaiian religion.

Child's Exposure to Santeria Ritual Constitutes Neglect-- No Free Exercise Claim Raised At Trial

In New Jersey Division of Youth and Family Services v. Y.C., (NJ App., May 27, 2011), a New Jersey appellate court upheld a finding of child neglect against a mother who "arranged for her seven-year-old daughter to be subjected to a ceremony in which the child was handed over to strangers [located through the Internet], pricked with a needle on various parts of her body, and forced to watch animals being strangled and having their throats cut." While this was apparently a Santeria ritual, at trial the mother denied that the ceremony was based on her religious beliefs and said that instead it was a ceremony intended to keep her daughter safe while the mother enlisted in the armed forces. On appeal, for the first time the mother raised free exercise claims.  However the court rejected them because there was no evidence at trial of a religious basis for the ritual, and indeed the mother's counsel specifically argued at trial that religion was not an issue in the case. Absent that defense, the appeals court found that the record supported the trial judge's finding of abuse and neglect.

UPDATE: Ernesto Pichardo from Church of the Lukumi Babalu Aye tells me by e-mail that the ceremony described in the case is not Santeria, but instead is consistent with priesthood ordination in the African based religion originating in the Congo, known as Palo Mayombe in Cuba and Diaspora.

Anti-Semitism In the San Francisco Anti-Circumcision Proposal? [Revised and Corrected Posting]

The Jewish Journal reported Friday:

The backers of a ballot initiative in San Francisco aiming to ban circumcision in that city have consistently maintained that their efforts are not anti-Semitic.

But the “Foreskin Man” comic book, which was written and edited in 2010 by the founder of a San Diego group supporting efforts to ban circumcision in San Francisco and Santa Monica, gives further credence to the accusation that so-called intactivists are in fact motivated by anti-Semitism.....

Lloyd Schofield is the official backer of the San Francisco initiative, which uses text from the group MGMbill.org, a San Diego-based group established by Matthew Hess. Hess is credited alongside the comic book’s illustrator and colorist on the comic’s website.

In response to a question about his motivations, Hess said that he and his supporters are, first and foremost, human rights activists.

(An earlier version of this posting incorrectly identified the writer of the comic book.)

UPDATE: The Anti-Defamation League on Friday issued a statement condemning "the grotesque anti-Semitic images and themes" in the Foreskin Man comic books. Also, Sunday's New York Times carries an article reviewing the situation titled "Efforts to Ban Circumcision Gain Traction in California." [Thanks to Steven H. Sholk for the lead to the Times article.] 

Update2: Eugene Volokh has posted an interesting discussion of the appropriate approach to evaluating harsh criticisms of religious or cultural figures because of their attitudes or actions that have secular effects-- like the Foreskin Man comic book.