Founder of "Save a Torah" Arrested On Federal Fraud Charges

In a press release yesterday, the U.S. Attorney's Office for the Southern District of New York announced the arrest on one count each of mail and wire fraud of Menachem Youlus, founder of the "Save a Torah" charity.  Youlus claimed he rescued Torah scrolls that were lost or hidden in Europe during the Holocaust.  The rescued Torahs were then donated or sold to Jewish communities or synagogues in the United States and elsewhere. Youlus used his accounts of how the Torahs were rescued to raise over $1.2 million in contributions.  The complaint unsealed yesterday charges that many of the Torahs represented as "rescued" were in fact merely purchased by Youlus from Torah dealers in the United States and lacked any connection to the Holocaust. Youlus also is charged with embezzling funds from Save a Torah for his personal use and submitting false invoices for purported costs of rescuing Torahs. JTA reports on the case.

St. John's Launches New Law and Religion Website

St. John's University Law School's Center for Law and Religion has announced the launch of CLR Forum, an online resource featuring a roundup of scholarship, a list of upcoming conferences, and commentary on current issues. A link to CLR Forum has been added to the Religion Clause sidebar under "Academic Centers".

Court Allows Assistant Prosecutor To Move Ahead With Religious Discrimination Claim

Yesterday's Youngstown Vinndicator reports that an Ohio federal district court is permitting an assistant city prosecutor to move ahead with his lawsuit claiming he was harassed because of his Muslim faith and that accommodation of his religious worship schedule was ended.  Bassil Ally, a devout Muslim who has been an assistant city prosecutor for 7 years says he was subjected to taunts by fellow-employees suggesting he was connected to terrorists. Ally also took a late lunch (at 1:30 pm) every Friday so he could go to his mosque.  This was not problem for two years when he was assigned to a courtroom that did not meet on Fridays. But when he went to his worship service instead of attending a Friday afternoon meeting called by prosecutor Jay Macejko, he was placed on administrative leave. This led him to file religious discrimination charges with the Ohio Civil Rights Commission. While permitting the suit to proceed against the city and Macejko, the court dismissed the former mayor and the law director as defendants, and placed transcripts of conversations between Ally and co-workers under seal. (See prior related posting.)

Suit Challenges Noise Pollution During Hindu Festivals In Indian City

In the Indian city of Thane, a lawsuit has been filed seeking to require the city to enforce noise ordinances against those celebrating Hindu religious festivals. According to yesterday's Times of India, political parties have reacted negatively to the public interest lawsuit filed by activist Dr. Mahesh Bedekar, saying that restrictions will dampen the festive spirit. Police issued notices to 51 mandals, most formed by politicians, that exceeded permitted decibel levels by 100% during Monday's Dahi handi celebrations. Meanwhile, according to another Times of India article, today the Bombay High Court ordered the state to convene a meeting with mandal representatives to see if the festival can be celebrated with less noise next year.  In anticipation of the upcoming Ganesh festival, the court directed the mayor to meet with city corporators to discuss noise pollution, and told police not to issue permits for loud speakers within 100 meters of major hospitals.

Florida Hebrew Charter Schools Thrive

Tuesday's New York Jewish Week reports on the success of the five Ben Gamla Hebrew Language Charter Schools operating in south Florida which enroll some 1,500 students in kindergarten through 12th grade.  The state-funded charter schools, whose enrollment is 80% to 90% Jewish, have thrived despite initial concerns about church-state issues.  Each student studies Hebrew language at least one hour per day.  The schools serve kosher food, and make accommodations when students miss school on Jewish holidays.  An optional after-school Judaic studies program operates in other buildings near each school. Many of the Ben Gamla schools are located on Jewish Community Center campuses or in buildings of former Jewish day schools. The schools, founded by former congressman Peter Deutsch, aim at high quality education.

NYPD Intelligence Unit Monitored Mosques

AP today has published a lengthy investigative story detailing operations by the New York Police Department's intelligence unit in attempting to prevent Islamic terrorism.  NYPD has received extensive cooperation from the CIA, operates beyond the boundaries of New York City and extensively monitors ethnic neighborhoods.  At least in the past, part of the NYPD's activities have included monitoring of sermons at mosques:

For years, detectives used informants known as mosque crawlers to monitor weekly sermons and report what was said.... If FBI agents were to do that, they would be in violation of the Privacy Act, which prohibits the federal government from collecting intelligence on purely First Amendment activities.

The FBI has generated its own share of controversy for putting informants inside mosques, but unlike the program described to the AP, the FBI requires evidence of a crime before an informant can be used inside a mosque.....

"If you're sending an informant into a mosque when there is no evidence of wrongdoing, that's a very high-risk thing to do," [FBI general counsel, Valerie] Caproni said. "You're running right up against core constitutional rights. You're talking about freedom of religion."

That's why senior FBI officials in New York ordered their own agents not to accept any reports from the NYPD's mosque crawlers, two retired agents said.

It's unclear whether the police department still uses mosque crawlers. Officials said that, as Muslims figured out what was going on, the mosque crawlers became cafe crawlers, fanning out into the city's ethnic hangouts.

"Someone has a great imagination," Browne, the NYPD spokesman, said. "There is no such thing as mosque crawlers."

New Anti-Creationism Campaign Being Launched

Film maker Greta Schiller, working with the National Center for Science Education and Americans United for Separation of Church and State, is launching the "Celebrate Science" campaign beginning Aug. 28 in Tallahassee, Florida.  A press release issued Monday announced that the Campaign will feature a new film, "No Dinosaurs In Heaven," in cities around the country.  The release says that the film:

explores the problem of creationists who earn science degrees in order to sneak their anti-science beliefs into the classroom. As a stunning visual counterpoint, Dr. Eugenie Scott of the National Center for Science Education leads a raft trip down the Grand Canyon, where the creationist and evolutionary explanations of this natural wonder are juxtaposed.The film moves from the Grand Canyon to the American Museum of Natural History to actual middle school science classes in New York City, where public school teachers find themselves on the front lines of this struggle.

Jury Awards $578,000 For Discriminatory Firing of Jewish Casino Employee

Last week, a federal district court jury in Greenville, Mississippi awarded $102,000 in back pay, $76,500 for mental anxiety and $400,000 in punitive damages to a former gambling casino employee who, the jury found, was fired because he was Jewish.  According to Monday's Jackson (MS)  Clarion Ledger, Marc Silverberg, the former food and beverage director for Sam's Town Casino & Gambling Hall in Tunica, said that his firing was due to the prejudice of a new general manager who was hired. The company claimed Silverberg was fired for poor job performance. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Chaplaincy Groups Urge Congress To Increase Religious Liberty Protections In Face of DADT Repeal

Alliance Defense Fund announced that last week 22 representatives of religious groups that endorse military chaplains wrote a letter (full text) to Congressional leaders urging action to protect religious liberty as the repeal of the "don't ask, don't tell policy" becomes effective.  The letter reads in part:

Chaplains and service members have told us they are very concerned they will be marginalized and even punished for being faithful to their religious beliefs in the wake of the repeal. We share those concerns. In fact, some chaplains have already personally experienced the punitive atmosphere this repeal has generated.

President Obama’s group that studied repeal assured Congress and the military that religious liberty would not be harmed. However, those assurances are not law and have not been transferred into actual law....  Chaplains and service members will be chilled from freely and fully exercising their faith because, for instance, they cannot know whether a commander in Fort Lewis will view religious and moral expression on sexuality more restrictively than one in Fort Bragg.

Unrecognized Indian Tribes Face Hurdles In Maintaining Religious Rites

The Christian Science Monitor on Monday reported on the problems faced by the nearly 300 Indian tribes that have not been formally recognized by the federal government. Native Americans, such as the Winnemem Wintu tribe based in northern California, are ineligible for many federal tribal benefits.  Among other things, unrecognized tribes do not qualify to apply for permits to possess eagle feathers.  In March, the Fish and Wildlife Service revoked the permit held by Winnemem spiritual leader and tribal chief, Caleen Sisk-Franco, who uses an eagle feather fan in healing ceremonies. Also the tribe's traditional sacred sites are being overrun by outdoor enthusiasts, and are threatened further by proposals to raise the Shasta Dam.  The disparity between recognized and unrecognized tribes increased in December when President Obama announced the United States would endorse the United Nations Declaration on Indigenous Peoples, but indicated that unrecognized tribes would be excluded from coverage. The Bureau of Indian Affairs, through its Office of Federal Acknowledgement, has a process for tribes to gain recognition. However it is lengthy, and the Winnemem think they should not have to go through the process.

Investigation Charges Extensive Military Spending On Christian Based Programs

Chris Rodda blogging last week at Talk To Action reports on the findings so far by the Military Religious Freedom Foundation in its investigation of Pentagon spending on faith-based programming-- mostly evangelical Christian in emphasis.  Findings show several hundred thousand dollars was allocated for a "Commanding Generals' Spiritual Fitness Concert Series" at Fort Eustis and Fort Lee in Virginia.  The Army's "Strong Bonds" program receives $30 million per year in funding for pre- and post-deployment retreats for soldiers and their families. The retreats often have an evangelical Christian theme to them. Also Military Community Youth Ministries has received over $12 million in Department of Defense contracts since 2000, while another evangelical group, Cadence International, has received $2.6 million.

Draft Transitional Libyan Constitution Makes Islam the State Religion. But Protects Non-Muslims

The National Journal reported yesterday that even though Libya's Transitional National Council is not fully in control of the country, a draft constitution has appeared online. The Draft Constitutional Charter for the Transitional Stage includes this provision regarding religious rights:

Article (1) ...Islam is the Religion of the State and the principal source of legislation is Islamic Jurisprudence (Sharia).... The State shall guarantee for non-Moslems the freedom of practising religious rights and shall guarantee respect for their systems of personal status.

The document provides that one month after the country is liberated and the Transitional National Council moves to Tripoli, the Council is to appoint a Constitutional Authority which in turn is to draft a final constitution to be presented to the people for approval in a plebiscite.

Illinois Law Gives Secretary of State Option of Issuing Non-Photo IDs For Amish

Last week, Illinois Gov. Pat Quinn signed H.B. 1484 (full text) which gives the Secretary of State the authority to provide by rule for the issuance of state identification cards without photographs for applicants (such as the Amish) who have a bona fide religious objection to being photographed or displaying their photos. According to the Chicago Tribune, Secretary of State Jesse White has doubts about the usefulness of an ID card that has no photo on it.  State Rep. Adam Brown wants the state police to develop a non-public data base that could be used by authorities to identify those who are issued IDs without photos, possibly using fingerprints instead of photos.

British Muslim Students Want Sharia-Compliant Student Loans

In Britain, the Federation of Student Islamic Societies is pressing the British government to create a new student loan system that is consistent with Sharia law.  According to yesterday's London Mail, until now students have only been required to pay interest equal to the rate of inflation-- an arrangement that apparently Muslim students found acceptable.  However changes that take effect next year will result in students paying higher rates of interest on the loans they take out to pay tuition. Rates will depend on their income after they graduate.  Some Muslim students say they may not apply to university because of the change.  The government's Department of Business, Innovation and Skills is discussing an arrangement for Sharia compliant loans that would be structured to "rent" education to students. However that kind of arrangement may not be in place until the 2013-14 academic year.

South Sudan Leaders Urge No Politicizing of Religion

The new nation of South Sudan-- whose population largely holds either Christian or traditional African beliefs-- has a secular constitution.  Today's Sudan Tribune reports that South Sudan's President Salva Kiir, a Roman Catholic, speaking to a Ramadan break-the-fast at the Presidential Guest House on Saturday, urged clerics to help the government solve problems facing the new nation, but to avoid politicizing religion or practicing religious corruption. He said his Sudan People's Liberation Party Movement supports religious freedom. Atahir Bior, head of the South Sudan Muslim Council, agreed, saying: "As religious leaders we should only be preaching about love and peace. We should not mix politics with religion." South Sudan broke from Khartoum in part because of Sudan's insistence on applying Sharia law in all of the country.

Defamation Action By Muslim Chaplain Against Newspaper Dismissed As Nonactionable "Opinion"

In Rashada v. New York Post, (NY Co. Sup. Ct., Aug 11, 2011), a New York trial court dismissed a defamation action (full text of 1/20/2011 complaint) brought by a female teacher at a mosque in Newburgh, New York who is also a chaplain in the New York prison system.  Plaintiff, Melody Rashada, sued the New York Post and Patrick Dunleavy over an article by Dunleavy published in the Post in Sept. 2010 titled Converts to Terror: The Prison Chaplain Problem.  The article, focusing on four defendants who were on trial on terrorism related charges, asked how the defendants were radicalized to the point that they would consider bombing synagogues in the Bronx and shooting down an aircraft with missiles.  Dunleavy's column said said:

What stands out is the prison connection. All four defendants were former inmates. More important, all three imams at the mosque in Newburgh that the defendants attended after being released from prison had a connection with the prison system. Imams Salahuddin Muhammad, Hamin Rashada and Melody Rashada worked for the Department of Correctional Services. All had been hired by Warith Deen Umar -- who for years headed ministerial services for the New York state prison system.

Rashada argued that this language, together with the title of the column, was defamatory because it suggested that she and the other two imams engage in the radicalization of prison inmates. The court conluded, however:

In the context of a defamation action, “expressions of opinion, as opposed to assertions of fact, are deemed privileged and no matter how offensive, cannot be the subject of an action for defamation.”...

In this case, both the context of the article itself and its broader social context indicate that it should be treated as non-actionable opinion. The article was printed under the multicolored and bolded heading “POST OPINION,” which alerted all readers that the article they were about to read was the opinion of Dunleavy....  Moreover, the broader social context of the article - the radicalization of prison inmates, leading them to engage in terrorist activity - is a topic which is intended to create much discussion and debate, and a topic on which a verifiable conclusion is neither expected nor delivered.

Recent Articles of Interest

From SSRN:

• Benjamin S. Walton, The Authoritativeness and Usefulness of the Principles of God's Old Covenant Law for the New Covenant Church and State, (Liberty University Law Review, Vol. 5, p. 419, 2011).
• Steven Douglas Smith, The Plight of the Secular Paradigm, (San Diego Legal Studies Paper No. 11-062, Aug. 17, 2011).
• Steven Douglas Smith, Freedom of Religion or Freedom of the Church?, San Diego Legal Studies Paper No. 11-061 (Aug. 17, 2011).
• Fernando R. Tesón, The Morality of Targeted Killing, (Using Targeted Killing to Fight the War on Terror, Andrew Altman, Claire Finklestein, and Jens Ohlin, eds., Oxford University Press, 2011).
• Steven Douglas Smith, The Paralyzing Paradox of Religious Neutrality, (San Diego Legal Studies Paper No. 11-060, Aug. 17, 2011).
• Jean-François Gaudreault-DesBiens, Religion, Expression and Freedom: Offense as a Weak Reason for Legal Regulation, (Cahiers de Recherche sur les Droits Fondamentaux, No. 8, pp. 53-66, 2010).

From bePress:

• Michele R. Pistone, Asylum Rights and Wrongs: What the Proposed Refugee Protection Act Will Do and What More Will Need to Be Done, (Villanova University School of Law Working Paper Series. Working Paper 159, Feb. 2011).

From SmartCILP:

• David A. Carrillo and Shane G. Smith, California Constitutional Law: The Religion Clauses, 45 University of San Francisco Law Review 689-777 (2011).
• Rev. John L. McCausland, Finding a Footing: A Theological Perspective on Law and the Work of Joseph Vining, 55 Villanova Law Review 1107-1120 (2010).
• Steven D. Smith, Persons All the Way Up, 55 Villanova Law Review 1177-1190 (2010).
• James Boyd White, The Creation of Authority in a Sermon by St. Augustine, 55 Villanova Law Review 1129-1142 (2010).

Washington State Permits For Religious Activities On State Property Surveyed

In the wake of a widely-publicized denial last week by the Washington state Department of General Administration for a church to conduct a baptism ceremony in the state-owned Heritage Park (see prior posting), AP has examined the record of past permit approvals and denials. It found that prayer, church picnics and advertising for fundraisers by houses of worship have been allowed on various state property, while baptisms and religious speeches have not. At issue is the manner in which the state interprets Art. I, Sec. 11 of the state constitution, which provides: "No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment." A Department of General Administration spokesman says that "prayer is considered more of a conversation instead of an instruction or exercise, so that's why it can be allowed while others are not." However he admits that the line can be "murky."

Recent Prisoner Free Exercise Cases

In Mitchell v. Skolnik, 2011 U.S. Dist. LEXIS 90126 (D NV, Aug. 11, 2011), a Nevada federal district court, while dismissing some claims for failure to exhaust administrative remedies, permitted an African-American Hebrew Israelite inmate to move ahead with claims that officials retaliated against him for filing grievances by failing to schedule Jewish services and confiscating religious head wear. He was also permitted to proceed with claims that his rights were violated when he was denied kosher meals because his faith had not been verified by an outside organization.

In Robinson v. Florida Parole Commission, 2011 U.S. Dist. LEXIS 90707 (MD FL, Aug. 15, 2011), a Florida federal district court upheld revocation of petitioner's parole for violating curfew. The court rejected petitioner's claim that the curfew violated his free exercise rights. He claimed he was conducting church business at the time he was found to be out after curfew.

In King v. Bell, 2011 U.S. Dist. LEXIS 90750 (ED TN, Aug. 11, 2011), a Tennessee federal district court denied a death-row inmate's numerous objections to his conviction, including a claim that his rights were violated when the court excused for cause a potential juror who said she could not impose the death penalty because of the Biblical admonition against killing.

In Ghana v. New Jersey State Parole Board, 2011 U.S. Dist. LEXIS 91121 (D NJ, Aug. 15, 2011), plaintiff claimed that officials infringed his right to practice his African Hebrew Israelites of Jerusalem faith. The court held that plaintiff's claim for injunctive relief is moot because he has been transferred to a different prison facility. He was given 14 days to file the pretrial memorandum as to damage claims that he had failed to file in the past. If not filed, the case will be dismissed.

In Penwell v. Holtgeertz, 2011 U.S. Dist. LEXIS 91303 (WD WA, Aug. 16, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 91302, July 15, 2011), and, in a case on remand from the 9th Circuit, denied defendant's motion for summary judgment.  It held that the factual record has been insufficiently developed as to whether restrictions on an inmate's attending group worship services and consulting with a chaplain while in Administrative Segregation violated the 1st Amendment or RLUIPA.

In Mathis v. Brazoria County Sheriff's Office, 2011 U.S. Dist. LEXIS 91827 (SD TX, Aug. 17, 2011), a Texas federal district court upheld a county jail's policy of refusing to provide kosher meals to plaintiff, and instead offering him only a pork-free diet.

In Argue v. Current MDOC Special Activities Director,  2011 U.S. Dist. LEXIS 92270 (WD MI, Aug. 17, 2011), a Michigan federal district court dismissed, partially on mootness grounds, RLUIPA claims by an inmate seeking a kosher diet and transfer to a facility where he could attend Jewish worship services. The court also held that RLUIPA claims do not lie against prison officials in their personal capacities.

Egyptian Police Arrest Man For Facebook Postings Insulting To Islam

According to AFP, reports from Egypt yesterday say Cairo police arrested a 23-year old man on charges that he posted comments on Facebook that were insulting to the Prophet Muhammad, the Qur'an, Islam and Muslims.  The man, who could be charged under a law that prohibits "insulting religion," was identified only as Ayman Y.M.