California Settles Lawsuit Filed By Sikh Prison Guard Applicant

The California Department of Rehabilitation and Corrections has settled a religious discrimination lawsuit brought by a Sikh man whose application to become a prison guard was rejected because he refused to shave his beard.  AP reports that under the settlement, plaintiff Trilochan Obeori will receive $295,000 in damages and will be given a $61,000 per year job as a manager in the corrections department's Regulation and Policy Management branch. However the state is not changing its policy that requires most corrections employees to be clean shaven so they can be fitted with gas masks.

Moderate Islamic Party Wins Tunisian Election

Election officials in Tunisia yesterday confirmed that the moderate Islamist Ennahda party won this week's Parliamentary elections.  According to Reuters, Ennahda captured 90 seats in the 217-seat assembly which will draft a new constitution.  The next largest party-- the secularist Congress for the Republic-- obtained only 30 seats. Ennahada attempted to assure secularists and investors by saying that it would not impose Islamic banking, nor would it stp tourists from wearing bikinis on Tunisian beaches.

Cert. Filed In Challenge To Political Activity Constraints On Non-Profits

Last week, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Catholic Answers, Inc. v. United States, (filed 10/21/2011). In the case, the 9th Circuit (full text of opinion) dismissed as moot a Catholic organization's challenge to the constitutionality of Section 4955 of the Internal Revenue Code. That section imposes an excise tax on political expenditures made by Section 501(c)(3) non-profit organizations.  At issue were expenditures made by Catholic Answers on a 2004 E-letter critical of the views of Sen. John Kerry, the 2004 Democratic nominee for President of the United States. The E-letter also criticized Kerry's taking of communion at an African Methodist Episcopal church. After excise taxes were imposed, Catholic Answers filed a complaint seeking a tax refund. The IRS then abated and returned the excise taxes. Catholic Online reviews the background of the case in an opinion piece.

President Sends Best Wishes To Those Celebrating Diwali

President Obama yesterday issued a statement (full text) sending holiday greetings to Hindus, Jains, Sikhs and Buddhists who are celebrating the holiday of Diwali-- the festival of lights that "symbolizes the victory of light over darkness and knowledge over ignorance." Obama emphasized that Diwali is a time of celebration with dancing and food, but also a time for contemplation and prayer to remind us of our obligations to the less fortunate.

DC Human Rights Office Investigating Catholic U's Treatment of Muslim Students

In a press release last week, George Washington University law professor John Banzhaf disclosed that the District of Columbia Office of Human Rights has given Catholic University until today to respond to charges that it discriminates against Muslim students.  A complaint filed with the Office contends that Catholic University has not permitted Muslim students to form their own student organization, and has not provided designated space for Muslim students to use for their daily prayers. [Thanks to Ken Braithwaite for the lead.]

Forest Service Will Reconsider Permit For Jesus Statue

The Flathead Beacon reports on the Oct. 21 decision by the U.S. Forest Service to withdraw a decision handed down in August, and instead seek public comment, on reissuing a special use permit to the Knights of Columbus for a statue of Jesus that has since 1953 been located on a 25-by-25-foot piece of land in the Flathead National Forest. Protests after Flathead National Forest Supervisor Chip Weber declared the statue, located near the top of Whitefish Mountain Resort's Chair 2, an inappropriate use of public land led to the reconsideration.

House Committee Holds Hearings On U.S. Religious Liberty

The House Judiciary Committee's Subcommittee on the Constitution yesterday held hearings on "The State of Religious Liberty in the United States."  The prepared statements of witnesses are available online. The Committee heard from Bridgeport Catholic Bishop William Lori representing the U.S. Conference of Catholic Bishops; Colby M. May of the American Center for Law and Justice: and Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State. In addition a written statement was submitted by the ACLU. ABP reports on the hearing.

Free Exercise Challenge To Local Option Law Dismissed Under 11th Amendment

In Ethereal Enigmatic Euphoric Movement Towards Civilized Hedonism, Ltd. v. State of Idaho, 2011 U.S. Dist. LEXIS 123041 (D ID, Oct. 24, 2011), an Idaho federal district court dismissed on 11th Amendment immunity grounds a suit claiming that a city's use of a state local option law to ban the sale of alcoholic beverages violates plaintiff's free exercise rights, among others.  The complaint alleged that:

Plaintiff is an organization comprised of individuals who believe that the "consumption of distilled spirits is both [a] moral obligation and sacred right." ... It further alleges that, using Idaho's local-option law, the City of Preston enacted a prohibition on the sale of liquor by the drink, and that this prohibition violates the rights of Plaintiff's members to freely exercise their religion and discriminates against them because of their religious beliefs.... Apparently, Plaintiff holds its services on the premises of the Owl Club, a local beer and wine saloon operating in Preston, which does not sell distilled spirits pursuant to the city's prohibition.

Suit Challenges Ban On Distribution of Religious Literature In Schools

Alliance Defense Fund announced Monday that it had filed a federal lawsuit on behalf of "Kids for Christ" against the Owasso, Oklahoma Public Schools challenging school policy that bars religious groups from distributing flyers in the schools, as well as posting signs and making announcement of their events. The school policy provides that: "No literature will be distributed that contains primarily religious, objectionable, or political overtones which may be beneficial to any particular group or business at the expense of others."  The complaint (full text) in Owasso Kids for Christ v. Owasso Public Schools, (D OK, filed 10/24/2011), alleges that the policy violates the group's free speech and free exercise rights, as well as the due process, equal protection and Establishment clauses of the constitution.

NY Town Clerk Challenged In Election Over Marriage License Arrangement

AP reported yesterday that in Ledyard, New York, town clerk Rose Marie Belforti is being challenged in November's election by write-in candidate Ed Easter because of the way that Belforti is handling the issuance of marriage licenses.  Belforti decided that her Christian beliefs precluded her from issuing marriage licenses to same-sex couples, so she appointed a deputy clerk to handle marriage licenses for all couples.  Easter says that Belforti is being paid $12,000 per year for her part-time position, and the people should not be asked to pay another person to perform Belforti's duties.  Belforti says it is about accommodating her religious beliefs.

Florida Appeals Court Affirms Use of Sharia Law To Determine Whether Arbitration Is Enforceable

UPI reported yesterday that a Florida state appeals court has affirmed without opinion a decision of a state trial court that Islamic law can be used in deciding whether to enforce an arbitration award between a mosque and certain trustees of the mosque who had been removed from office. The trial court limited use of Sharia law to the question of whether Islamic dispute resolution procedures have been followed in the arbitration.. (See prior posting.)

Church Can Replace School Building-- Planning Board Had No Basis To Refuse Permission

Yesterday's Albany Times Union reports that a state trial court judge has overruled the Albany Planning Board's refusal to allow a Mormon church to tear down a former Catholic middle school building.  The court held that the Planning Board's conclusion that the building is vital to the fabric of the neighborhood lacks a rational basis. The LDS Church wants to replace the school building with a smaller chapel that provides more parking. In basing its decision on a lack of evidence supporting the Planning Board's conclusion, the court avoided ruling on the church's claims under RLUIPA.

UPDATE: Here is the full opinion in Matter of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Sts. v City of Albany, (NY Sup. Ct. Greene Co., Oct. 20, 2011).

In Israel, Group Complains About Ban of Single Women From Mikvehs

In Israel, community Religious Councils, under the jurisdiction of the government Religious Services Ministry, operate mikvehs (ritual baths) in various towns and cities.  YNet News reports today that the Religious Action Center (an organization of the Reform Jewish movement) has complained to the Religious Services Ministry about the policy in many communities that bars unmarried women from using the mikveh. The ban is intended to avoid giving halachic (Jewish religious law) authorization for single women to have sexual relations.  According to the Religious Action Center, the ban violates the Prohibition of Discrimination in Products, Services, and Entry into Public Places Law, as well as freedom of religion and conscience and the right to human dignity. The Religious Affairs Ministry says it is looking into the matter.

Human Rights Group Condemns Rape and Forced Conversion In Pakistan

The Asian Human Rights Commission today issued a news release condemning the growing number of instances in Pakistan in which women from minority religious groups (Hindus and Christians) are raped and forced to covert to Islam:

The forced conversion to Islam of women from religious minority groups through rape and abduction has reached an alarming stage which challenges interfaith harmony due to the total collapse of the rule of law and biased attitude of the judicial officers. It appears today that no one, from the judiciary to the police and even the government has the courage to stand up to the threats from Muslim fundamentalist groups. The situation is worse with the police who always side with the Islamic groups and treat minority groups as lowly life forms.

The dark side of the forced conversion to Islam is not restricted only to the religious Muslim groups but also involves the criminal elements who are engage in rape and abduction and then justify their heinous crimes by forcing the victims to convert to Islam. The Muslim fundamentalists are happy to offer these criminals shelter and use the excuse that they are providing a great service to their sacred cause of increasing the population of Muslims.

High School ROTC Member May Not Wear Hijab In Uniform

Fox News reported last week on the case of a 14-year old Muslim high school girl in Brentwood, Tennessee who has quit her high school's Junior ROTC program because she was not permitted to wear a headscarf (hijab) while in uniform in the Homecoming parade. The school says it must follow Army regulations which do not permit religious garb that is exposed or covers the uniform. [Thanks to God and Country blog for the lead.]

Zoning Challenge Dismissed On Younger Abstention Grounds

In Salman v. City of Phoenix, 2011 U.S. Dist. LEXIS 122387 (D AZ, Oct. 20, 2011), an Arizona federal district court dismissed on Younger v. Harris abstention grounds a challenge to the building code and zoning laws that prevented plaintiffs from using their home and a building on their property for weekly Bible study and prayer sessions with 40 to 50 family and friends.  The city claimed that religious activity within a residence is considered "Church use" and requires the appropriate permits. Pending state court proceedings charging plaintiffs with building code violations, and appeals of other building code and zoning convictions, precluded federal court jurisdiciton over plaintiff's RLUIPA, free exercise, equal protection and other claims.

Libya Assures World It Will Be Moderate Muslim Country

Attempting to calm fears raised in the West after his statement that Libya would look to Islamic law as its main source of legislation, (see prior posting), Libyan National Transitional Council leader Mustafa Abdul-Jalil said yesterday: "I would like to assure the international community that we as Libyans are moderate Muslims." AP reports that meanwhile a London-based spokesman for the National Transitional Council said that Libya would not become a theocracy. It will be a civic and democratic state. At the daily U.S. State Department press briefing yesterday (full text), Department spokesperson Victoria Nuland said:

I think we’ve seen various Islamic-based democracies wrestle with the issue of establishing rule of law within an appropriate cultural context. But the number one thing is that universal human rights, rights for women, rights for minorities, right to due process, right to transparency be fully respected.

Herman Cain's Church Affiliation Explored

Today's Atlanta Journal Constitution profiles Republican presidential candidate Herman Cain's home church in Atlanta. The article is captioned Church's Pride in Cain Outweighs Differences.  Cain has been a member of the Antioch Baptist Church North for more than 30 years. The article reports:

For church members, Cain’s run for office is a point of pride — chagrin, too. He’s on a national stage, taking aim at President Barack Obama, who overwhelmingly carried the African-American vote in the 2008 election and still enjoys an 85 percent approval rating among blacks.

Post-Revolutionary Libyan Leader Endorses Islam-Based Constitution

In a ceremony in Benghazi, Libya yesterday, Mustafa Abdel-Jalil, the chairman of the Transitional National Council, declared that Libya's revolution has now ended, as he endorsed Islamic goals. According to the New York Times, Abdel-Jalil said: "We are an Islamic country. We take the Islamic religion as the core of our new government. The constitution will be based on our Islamic religion." He promised to create Islamic banks in the new Libya.

Recent Articles and Film of Interest

From SSRN:

• Zoe Robinson, Rationalizing Religious Exemptions: A Legislative Process Theory of Statutory Exemptions for Religion, (William & Mary Bill of Rights, Forthcoming).
• Parveen Ara Pathan, Idea of Right of Maintenance of Woman in Islam and Socio Legal Development in India, (October 18, 2011).
• Samuel J. Levine, Jewish Law from Out of the Depths: Tragic Choices in the Holocaust, (Washington University Global Studies Law Review, Vol. 10, No. 1, 2011).
• Jeffrey Shulman, The Siren Song of History: Originalism and the Religion Clauses, (Journal of Law and Religion, Vol. 27, p. 101, 2011).

From SmartCILP:

• Edward A. Fallone, Funding Stem Cell Research: The Convergence of Science, Religion & Politics In the Formation of Public Health Policy, 12 Marquette Elder's Advisor 247-293 (2011).
• Marci A. Hamilton, The Endorsement Factor, 43 Arizona State Law Journal 349-387 (2011).
• Anton Schutz, A Quandary Concerning Immanence, [Abstract], 22 Law & Critique 189-203 (2011).
• Symposium in Miniature: Religious Symbols on Government Property. Articles by John Witte, Jr., Nina-Louisa Arold, Andrea Pin and student Adam Linkner. 25 Emory International Law Review 5-149 (2011).

New Film:

• Vic Losick, In God We Teach, (2011).