Canada's High Court Hears Arguments Over Whether Muslim Witness Can Wear Full-Face Veil

The National Post reports that yesterday the Supreme Court of Canada heard oral arguments in a case raising the issue of whether a Muslim woman who is alleging childhood sexual abuse by her cousin and her uncle should be allowed to testify wearing a full-face veil. An Ontario court ordered the woman during a preliminary hearing to remove her niqab.  The Globe and Mail captures the flavor of the argument:

There was no mistaking the impatience in Supreme Court of Canada Justice Morris Fish’s voice when he demanded the name of a single lawyer who would willingly cross-examine a witness whose face was concealed by a veil.

“Some blind lawyers that I know,” responded David Butt, counsel to the sexual assault complainant seeking to testify from behind an Islamic niqab....

It was that kind of day at the landmark hearing, where the court must determine whether religious ritual and observance can trump the right of an accused to a fair trial. Judges clashed repeatedly with lawyers who sought to rank one right ahead of the other – particularly Mr. Butt.

The judges questioned not only the fairness of allowing the defendant, N.S., to hide her facial expressions during cross-examination, but whether two diametrically opposed rights can ever be reconciled.

USCIRF Takes Formal Steps To Prepare To Close Down

As previously reported, the U.S. Commission on International Religious Freedom is now scheduled to go out of business on Dec. 16.  Under Sec. 209 of the International Religious Freedom Act, the Commission was originally scheduled to terminate on Sept. 30. However two continuing resolutions have temporarily extended its life while a House-passed 2-year re-authorization bill (HR 2867) has been awaiting passage in the Senate. However the Senate has not acted, apparently because of a "hold" placed on the bill by Senate majority whip, Sen. Richard Durbin (D-Ill.).  According to a report last month in CQ Weekly, the hold stems from a dispute over an entirely unrelated matter.  Durbin wants Congress to appropriate funds for the federal government to buy up an unused maximum-security prison in his district in Illinois and turn it into a federal facility.  Rep. Frank R. Wolf (R-VA), the sponsor of the USCIRF re-authorization bill, is currently chair of the House Appropriations Commerce-Justice-Science Subcommittee that is responsible for funding federal prisons.

Now that it appears increasingly unlikely that USCIRF's life will be extended beyond Dec. 16, the Government Services Administration has notified the Commission that it must take steps to prepare for closure of the agency.  In response USCIRF has adopted a Resolution (full text) authorizing the archiving of records and steps to close the agency in compliance with federal law if a last minute extension is not enacted.  Copies of the Resolution were sent to the President, the Secretary of State and all members of Congress.  CNS News yesterday reported on these developments. [Thanks to Pew Sitter for the lead.]

Lawyer, Client Face Sanctions For Anti-Catholic Statements In Legal Memorandum

The St. Paul (MN) Pioneer Press reports that U.S. Bankruptcy Judge Nancy Dreher yesterday issued show-cause orders to attorney Rebekah Nett and her client Naomi Isaacson threatening to impose sanctions on them for bigoted anti-Catholic statements contained in a legal memorandum they filed with the court last month. The memorandum was written by Isaacson, but signed by Nett. It called Judge Dreher, another judge and two bankruptcy trustees "dirty Catholics" and said the courts are "composed of a bunch of ignoramus, bigoted Catholic beasts that carry the sword of the church." It accused one of the bankruptcy trustees of being "a Jesuitess" with a "track record of lies, deceit, treachery and connivery." In all, Judge Dreher cited 10 passages containing religious slurs, allegations of conspiracy and the like that were included in the memorandum. A hearing is scheduled for Jan. 4 for Nett and Isaacson to show cause why they should not be fined up to $10,000 each and be ordered to write public apologies. The court is also proposing that attorney Nett be required to attend at least 30 hours of ethics training.

UPDATE: The Catholic League for Religious and Civil Rights announced on Dec. 9 that it is filing a formal complaint against attorney Rebekah Nett with the Minnesota Office of Lawyers Professional Responsibility Board and a formal grievance against her with the Wisconsin Office of Lawyer Regulation.

UPDATE2: The St. Paul Pioneer Press reported on 12/14 that Naomi Isaacson's filings in response to the court's show cause order contain "even more religious slurs than the one prompting the judge's warning."

Fired Muslim Drivers Sue Car Rental Company For Religious Discrimination

AP reports that in Seattle, Washington yesterday, 25 Somali Muslims who previously worked as drivers for Hertz Corp. at the Seattle-Tacoma International Airport have filed a state court lawsuit charging religious discrimination. Hertz fired the drivers when they refused to clock out for their daily prayer breaks. As previously reported, apparently Hertz originally agreed they would not need to clock out, but changed that policy when a number of the drivers failed to return promptly after their prayers.

Coalition Seeks Information On Faith-Based Hiring By Federal Grantees

The Coalition Against Religious Discrimination (CARD) is a group of over 50 religious, civil rights and public policy organizations that has been encouraging the Obama administration to require all recipients of federal grants and contracts to observe a strict non-discrimination policy in hiring for positions funded with federal dollars.  However, despite statements supporting non-discrimination President Obama has not rescinded Executive Order 13279 issued in 2002 by President George W. Bush permitting religious organizations that receive federal funds to use religious criteria in their hiring. (See prior posting.) Joshua DuBois, head of he White House Office of Faith-Based and Neighborhood Partnerships has said that the question of whether a grantee may engage in faith-based hiring is being handled on a case-by-case basis. So yesterday, according to a press release from Americans United, CARD wrote identical letters (full text) to the Faith-Based Partnership Office in each of over a dozen federal departments and agencies seeking more information on this case-by-case approach.  The letters ask for details of the review process, the criteria applied and the facts and results in each case.

6 Republican Candidates Address Republican Jewish Coalition

Six Republican presidential candidates addressed the Republican Jewish Coalition in Washington, D.C. yesterday.  Candidate Ron Paul was not invited by the RJC because of his views on Israel, though Paul says those views are being characterized unfairly. (CNN report.)  Videos of the address by each of the six candidates are available from this page on C-Span's website. The candidates focused heavily on U.S. policy toward Israel and the threat to Israel and the U.S. of a nuclear Iran. Reporting on the candidate forum, the New York Times said:

One reason Republicans seek to sound serious on Israel is to appeal to evangelical Christians who make up large portions of the Republican primary voters in South Carolina and the caucusgoers in Iowa. Down the road, they also know that Jewish voters are critical to victory in general election swing states like Pennsylvania and Florida.

But just as the candidates have staked out hard positions on Israel, they have also moved to the right on other issues, a shift that Democrats say calls into question their appeal to a wide swath of Jewish voters.

New Rick Perry Ad Attacks Obama on Religion

Candidate Rick Perry released an 30-second ad today attacking what he called "Obama's war on religion." In the ad, he says:

I’m not ashamed to admit that I’m a Christian, but you don’t need to be in the pew every Sunday to know there’s something wrong in this country when gays can serve openly in the military but our kids can’t openly celebrate Christmas or pray in school.

As president, I’ll end Obama’s war on religion. And I’ll fight against liberal attacks on our religious heritage.

Faith made America strong. It can make her strong again.

The Washington Post's report on the ad carries the full text and the video of the ad. CBS News reports on criticism of the ad by the Log Cabin Republicans, a group that represents the interests of gay and lesbian Republicans.  The Perry ad was also strongly criticized by the Interfaith Alliance and and the Human Rights Campaign.

Rabbi, Former Jail Chaplain, Settles Paying $2500 Fine For Taking Gift

In a settlement with the New York City Conflicts of Interest Board on Monday, Rabbi Leib Glanz, former New York City jail chaplain, agreed to a $2500 fine.  As reported by the New York Times and JTA, the fine grew out of a much-publicized 2008 Bar Mitzvah celebration that Glanz helped inmate Tuvia Stern hold for his son in the Manhattan Detention Complex ("The Tombs") after a judge refused to grant Stern a furlough to attend his son's Bar Mitzvah outside of jail. (See prior posting.)  While Glanz cleared the Bar Mitzvah celebration with Department of Corrections officials, publicity about the event created a furor that led to Glanz's resignation and disciplinary action against several corrections officials. At the Bar Mitzvah celebration, Stern presented Glanz with a plate and a silver Kiddush cup worth $500. Glanz says he initially refused the gifts, but then took them in order to avoid offending the family after being pressed to do so by the family and other guests.  Glanz, who was once a powerful Satmar rabbi with political connections, has been charged in an unrelated case with theft and conspiracy for taking $22,000 in Section 8 housing subsidies.

Religious Marriage Without License Is Merely Voidable, and Not Terminated By Religious Divorce Alone

In Mussa v. Palmer-Mussa, (NC App., Dec. 6, 2011), a North Carolina appeals court held that the marriage of defendant Nikki Palmer-Mussa to Juma Mussa was void because at the time of the marriage Nikki was married to another man.  In 1997, Nikki married Khalil Braswell in a ceremony that complied with Islamic law, but without a marriage license from the state and without an imam officiating. Later the same year Nikki divorced Braswell in accordance with Islamic law by returning the dowry and shortly thereafter married Juma Mussa.  The court, however, concluded that while the marriage to Braswell without a license and not performed by a member of the clergy was voidable under North Carolina law as it stood at the time of the marriage, the marriage was not void.  A religious divorce alone did not suffice to terminate the voidable marriage. Judge Bryant dissented, arguing that Juma, who was seeking an annulment, failed to present direct evidence that proved the existence of a valid prior marriage. The Greensboro (NC) News-Record reports on the decision.

Secy. State Clinton Says Religious Objections Do Not Trump LGBT Human Rights

Speaking yesterday at a United Nations event in Geneva, Switzerland marking International Human Rights Day (full text of remarks), U.S. Secretary of State Hillary Rodham Clinton delivered a strong call for protection of gay, lesbian, bisexual and transgender rights. She said in part:

Now, raising this issue, I know, is sensitive for many people and that the obstacles standing in the way of protecting the human rights of LGBT people rest on deeply held personal, political, cultural, and religious beliefs..... 

The ... perhaps most challenging, issue arises when people cite religious or cultural values as a reason to violate or not to protect the human rights of LGBT citizens. This is not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation. Some people still defend those practices as part of a cultural tradition. But violence toward women isn't cultural; it's criminal. Likewise with slavery, what was once justified as sanctioned by God is now properly reviled as an unconscionable violation of human rights.

In each of these cases, we came to learn that no practice or tradition trumps the human rights that belong to all of us. And this holds true for inflicting violence on LGBT people, criminalizing their status or behavior, expelling them from their families and communities, or tacitly or explicitly accepting their killing.

Of course, it bears noting that rarely are cultural and religious traditions and teachings actually in conflict with the protection of human rights. Indeed, our religion and our culture are sources of compassion and inspiration toward our fellow human beings.....

LGBT rights advocates called the speech historic. (Dallas Voice.) The State Department also issued a Fact Sheet outlining more broadly its accomplishments in promoting LGBT human rights.  Meanwhile at the White House yesterday, President Obama issued a Memorandum to executive departments and agencies (full text) "directing all agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons."

Male Nurse Says Order Not To Treat Muslim Female Patients Was Sex Discrimination

The Dearborn Patch today follows up on a report last month by the Detroit News on a federal sex discrimination lawsuit against the city of Dearborn, Michigan filed by a male nurse who was fired from the city's health department. Nurse John Benitez Jr. was told by his female supervisor not to treat women wearing Muslim headscarves because their male family members did not want a male treating female patients. However Benitez disregarded this instruction when a doctor told him to treat a female patient. Benitez was subsequently fired. The suit, filed last month, claims his firing violated Title VII of the 1964 Civil Rights Act because it was motivated in part by his gender.

11th Circuit Rejects Suit By Mardi Gras Demonstrator Against Police

In Bethel v. City of Mobile, (11th Cir., Dec. 2, 2011), the 11th Circuit Court of Appeals upheld the dismissal of a claim by a Mardi Gras demonstrator that his arrest for disorderly conduct violated his free exercise, 4th Amendment and the equal protection rights. Orlando Bethel was standing on a sidewalk in Mobile, Alabama, along the Mardi Gras parade route with a sign reading: "GOD hates you SINners repent in JESUS name live SIN free." A woman also at the parade called police complaining that Bethel was harassing her 13-year old daughter, calling her a "whore" and a"slut." The court concluded that this gave officers probable cause to arrest Bethel, so that they had qualified immunity as to Bethel's 4th Amendment claim. It also found Bethel presented no evidence that his arrest violated his 1st or 14th Amendment rights. (See prior related posting.)

VP Biden Meets In Turkey With Ecumenical Patriarch

Vice President Joseph Biden, on a trip last week to Iraq, Turkey and Greece, met in Istanbul, Turkey on Saturday with Greek Orthodox Ecumenical Patriarch Bartholomew. (White House blog.) According to Archon News, in a private meeting with the Patriarch, Biden discussed religious freedom in Turkey, the hoped-for reopening of the Theological School on Halki (see prior posting), Turkey's accession to the European Union, and the ecological initiatives of the Ecumenical Patriarchate.

Sales Clerk Claims Store's Customer LGBT Policy Violated Her Religious Fredom

Liberty Counsel issued a press release yesterday taking aim at the department store Macy's LGBT non-discrimination policy, claiming that its enforcement infringed the religious freedom of a Macy's sales clerk.  Apparently Macy's has a policy that transgender individuals may choose to use either male or female dressing rooms to try on clothing.  As recounted by Liberty Counsel, in San Antonio (TX) sales clerk Natalie Johnson saw "a young man dressed as a woman" walk out of a women's fitting room.  Johnson told the customer, who was accompanied by five other individuals, that he could not go back in the fitting room because it was for women. The customer claimed to be a female. The group, in an argument with Johnson, claimed that Macy's is supposed to be LGBT friendly. Johnson replied that "Macy’s is also non-discriminatory toward religion, and that it would go against her religious beliefs to lie that he was a woman or compromise with homosexuality." Johnson was fired after she refused her manager's instructions to comply with the company's LGBT policy.

South Carolina School District Sued Over Promoting Religion

The ACLU announced yesterday that it has filed a federal lawsuit challenging school-sponsored religious activities in the Chesterfield County, South Carolina schools. The complaint (full text) in Anderson v. Chesterfield County School District, (D SC, filed 12/5/2011) alleges a practice by the New Heights Middle School of sponsoring school events that feature prayer, proselytizing, and inculcation of religion.  The complaint focuses particularly on a school evangelical revival assembly held last September which featured a Christian rapper ("B-SHOC"), as well as a minister who delivered a sermon and church members who prayed with students.  Apparently students were also urged to sign a pledge dedicating themselves to Christ. Students who elected not to attend the assembly were required to instead report to the in-school suspension room. The complaint also alleges that religious depictions are displayed at various places in the school. Plaintiffs seek a declaration that these practices violate the Establishment Clause and an injunction to prevent them in the future. (See prior related posting.)

Cert. Denied In New York School Ban on Using Buildings for Church Services

The Supreme Court today denied certiorari in Bronx Household of Faith v. New York City Board of Education (Docket No. 11-386, cert. denied 12/5/2011) (Order List). In the case, the 2nd Circuit, in a 2-1 decision, upheld the New York City Board of Education's policy that bars use of school facilities by outside groups after school hours for "religious worship services," even though facilities are available for many other kinds of activities. (See prior posting). Reuters reports on the Court's refusal to review the 2nd Circuit's decision.

Christians Fear Sectarian Violence From "Arab Spring"

In an lengthy article today titled An 'Arab Winter' Chills Christians, the Wall Street Journal reports that at least 54 Iraqi Christian churches have been bombed and at least 905 Christians have been killed in sectarian violence since the U.S. invasion in 2003. Many Christians have fled. The Christian population is down to 500,000 from an estimated 800,000 to 1.4 million in 2003.  Summarizing its findings, the Journal concludes:

With the Arab Spring now bringing political turbulence to many other countries in the region, Christians throughout the Middle East are worried that what happened in Iraq may be a harbinger of misfortune to come in their own communities. While many remain supporters of the uprisings, others fear that the toppling of their autocratic rulers could uncork sectarian violence against Christians and other minority groups in their own nations.

In a related development, last week, Minority Rights Group International released a report titled Iraq Minorities: Participation in Public Life.

Indonesian Animist Tribe Wants Their Religion On ID Cards

In Indonesia, the Inner Baduy tribe which lives in the province of Banten is asking the Constitutional Court to allow them to have their traditional animist religion-- Sunda Wiwitan-- listed on their government identification cards.  According to today's Jakarta Globe, until 2010 they were able to do this, but then local officials reinterpreted the law and required them to choose to be listed as belonging to one of the six official religions--Islam, Buddhism, Hinduism, Catholicism, Protestantism or Confucianism.  The 2006 Public Administration Law provides that the space for religion can be left blank if the person does not belong to one of these six faiths.

Recent Articles of Interest

From SSRN:

• John William Tobin, Should Discrimination in Victoria's Religious Schools Be Protected? Using the Victorian Charter of Human Rights and Responsibilities Act to Achieve the Right Balance, (U of Melbourne Legal Studies Research Paper No. 564, Nov. 28, 2011).
• Avishalom Westreich, The 'Gatekeepers' of Jewish Marriage Law: Marriage Annulment as a Test Case, Journal of Law and Religion, Vol. 27, 2012.
• Munir Ahmad Mughal, International Criminal Court: An Examination from Islamic Point of View, (November 30, 2011). 

From SmartCILP and elsewhere:

• Angela C. Carmella, Symbolic Religious Expression on Public Property: Implications for the Integrity of Religious Associations, 38 Florida State University Law Review 481-535 (2011).
• Scott Ellis Ferrin, Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe and Effective Educational Environment for All Students, [Abstract], 2011 BYU Education & Law Journal 205-236.
• Ralph D. Mawdsley, Employment, Sexual Orientation, and Religious Beliefs: Do Religious Educational Institutions Have a Protected Right to Discriminate in the Selection and Discharge of Employees?, 2011 BYU Education & Law Journal 279-302.
• Mark Strasser, Parents, Religious Convictions, and Public School Curricula, 2011 BYU Education & Law Journal 547-569.
• Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations-- 2011 Revision, PLI Course Handbook for Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings (2011).

Army Settles Case; Allows Jewish Chaplain To Enlist and Keep Beard

Chabad.org reports that the U.S. Army has settled the lawsuit filed against it by Rabbi Menachem Stern who was not permitted to become a military chaplain because he refused for religious reasons to shave his beard. (See prior posting.) Stern claimed that the refusal to grant him an exemption from the grooming provisions violated his free exercise and equal protection rights. The Army has now relented and has approved him for a reserve commission. He will be sworn in on Friday and will head to chaplain school in January. JTA reports that the swearing-in will be streamed live by the Alef Institute.  Stern hopes to request active duty after he completes his chaplaincy training.  There is currently a shortage of Jewish chaplains in the military. Only 9 Army rabbis are on active duty, and there are only 37 Jewish chaplains in all the armed services, including the reserves.  Many Chabad rabbis would be willing to serve as chaplains if they could obtain an exemption that allows them to continue to wear a beard.  Stern's case may set a precedent for doing so.