Mosque Dispute Dismissed Without Invoking Islamic Law

Last March, a Florida state circuit court judge issued a controversial order providing that Islamic law would 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. (See prior posting.) Yesterday's Tampa Bay Times reports that now the same judge has dismissed the lawsuit on different grounds.  Circuit Judge Richard Nielsen held that the court cannot intervene in an internal church governance dispute. Underlying the mosque dispute is control over $2.2 million that the mosque received when some of its property was taken by the state for a road project.

UPDATE: Here is the full text of the court's opinion as well as of the parties' motions and arguments relating to dismissal of the suit. [Thanks to Volokh Conspiracy for the documents.]

Muslim Women Must Remove Veil For Canadian Citizenship Oath

The Vancouver Sun reports that Canada's Immigration Minister Jason Kenney last week announced a new rule that requires those being naturalized as Canadian citizens to show their faces while taking the citizenship oath.  This means that Muslim women will be required to remove full face veils during the naturalization ceremony.  Kenney explained the reasons for the new rule, which is effective immediately:

Requiring that all candidates show their faces while reciting the oath allows judges, and everyone present to share in the ceremony, to ensure that all citizenship candidates are, in fact, taking the oath as required by law. This is not simply a practical measure. It is a matter of deep principle that goes to the heart of our identity and our values of openness and equality.

EEOC Sues Nursing Home For Failing To Accommodate Jehovah's Witness Employee

The EEOC announced last week that it has filed a federal lawsuit against an Ann Arbor, Michigan nursing home, Whitehall Healthcare for failing to accommodate the religious needs of a Jehovah's Witness nursing assistant. The nursing home terminated the employee because of her need to have Wednesdays and Sundays off to attend religious services. The suit seeking damages and an injunction alleges that the nursing home violated Title VII of the 1964 Civil Rights Act.

Challenge To Governor's Day of Prayer Proclamation Dismissed On Standing Grounds

In Freedom From Religion Foundation, Inc. v. Brewer, (D AZ, Dec. 12, 2011), an Arizona federal district court dismissed an Establishment Clause challenge to the Arizona governor's proclaiming a "Day of Prayer."  The court held that plaintiffs lacked standing because they were not injured by the governor's proclamation, saying:

Plaintiffs provide affidavits to establish they turned off the television and altered conversational habits to avoid the topic of religion or the day of prayer....  Plaintiffs, however, do not explain why their alleged injury is different than injuries in other Establishment Clause cases in which the plaintiffs did not have standing, such as the President’s day of prayer proclamation. Essentially, Plaintiffs seek a ruling obliquely holding that injury sufficient to confer standing exists under the Establishment Clause where government action is covered in the news or the subject of a social conversation. The Court declines to depart from Establishment Clause case law on this ground. Plaintiffs have not shown injury beyond “stigmatic injury” or feeling like an “outsider.”

The East Valley Tribune reports on the decision.

Colorado Park District Bars Menorah, But Not Christmas Tree

The Evergreen, Colorado Park and Recreation District manages Lake House, a popular community gathering place on Evergreen Lake.  Lake House property however is owned by the city and county of Denver. A large evergreen tree outside Lake House had traditionally been decorated with Christmas lights. From 2005 to 2009, a Hanukkah Menorah was displayed in back of Lake House by a Jewish group. However, according to yesterday's Denver Post, this year the Recreation District has ruled that the Menorah may not be put up, invoking a rule of the Denver Parks and Recreation Department that bars religious decorations on public property. Under Supreme Court precedents, a Menorah is considered religious, while a Christmas tree is not. [Thanks to Patrick Gillette for the lead.]

North Korea Warns South Against Christmas Tree Towers At Border

BBC News reported Sunday that Christmas tree shaped towers have become the latest point of contention between North and South Korea. A tree shaped 30 meter high steel structure illuminated by thousands of small lights had traditionally been set up by South Korea on Aegibong hill, two miles from the North Korean border. However when relations between the two Koreas began to thaw in 2003, the tradition was ended.  Tensions between North and South began to grow again last year, and last December South Korea again lit the tree amidst tight security.  This year, South Korea plans to again light the tree shaped tower and to also allow Christian organizations to light two additional towers along other parts of the border. However a North Korean state-run website warns the South of "unexpected consequences" if it goes through with the planned Dec. 23 tree lightings.  North Korea said the trees would amount to a form of psychological warfare.

White House Website Announces Holiday Theme For 2011

The White House website now includes a 2011 Holidays at the White House page featuring photos of White House holiday decorations and blog posts relating to the holiday season. The introductory paragraph reports:

Our theme for this 2011 holiday season is "Shine, Give, Share," which offers an opportunity to pay tribute to our troops, veterans, and their families throughout the White House. This year, the official tour features 37 Christmas trees, 30 are natural trees and 7 are made from paper, felt or aluminum; a gingerbread model of the White House made of 400 pounds of gingerbread, white chocolate and marzipan plus 5 different representations of First Dog Bo Obama. Volunteers from 36 states plus the District of Columbia worked for days to get everything ready.

The White House announced that last week it had sponsored a special holiday "tweetup" for 150 followers of the White House Twitter feed from around the country. The group tweeted during the tour, sharing what they saw and heard.

Texas Approves Christian Themed Specialty License Plate

According to the Austin (TX) American-Statesman, on Thursday the Texas Department of Motor Vehicles governing board, by a vote of 4-3, approved a specialty license plate displaying 3 Christian crosses on a hill and the motto "One State Under God."  A portion of the fees from the specialty plate will go to a Nacogdoches (TX) ministry to support a youth ministry program. In a press release Thursday, the Texas Freedom Network (TFN) criticized the Department's approval of the new "Calvary Hill" specialty plate. Rev. Dr. Larry Bethune, a TFN board member, said that the design trivializes the Christian faith by turning it into "slogans and symbols on the back of a bumper." [Thanks to Alliance Alert for the lead.]

Recent Articles of Interest

From SSRN:

• Nathan B. Oman, How to Judge Shari'a Contracts: A Guide to Islamic Marriage Agreements in American Courts, (Utah Law Review, Vol. 2011, No. 1, p. 287, 2011).
• Douglas NeJaime, Marriage Inequality: Religious Exemptions and the Production of Sexual Orientation Discrimination, (California Law Review, Forthcoming).
• Kishor Kunal, Freedom of Religion in Secular State, (December 6, 2011).
• Munir Ahmad Mughal, English Translation of Ibn Hashsham's Siratun-Nabi (Peace Be Upon Him), (December 11, 2011).
• Steven Aiello, 'Islam and Social Justice in Iran': The Merging of Economic, Political and Religious Dogmas in the Iranian Revolution, (December 6, 2011).
• Jeffrey A. Parness, Statutory Parenthood for Same-Sex Partners, (Illinois Bar Journal, Vol. 99, p. 636, December 2011).
• Mohammed Khnifer, Goldman Sachs Claims that its $2 billion Sukuk Programme Follows a Murabaha Structure, Mohammed Khnifer Claims Otherwise – That it's Nothing More than Areverse Tawarruq,(December 6, 2011).

Court Upholds Church's Firing of Pre-School Director For Living With Boyfriend

In Henry v. Red Hill Evangelical Lutheran Church of Tustin, (CA App., Dec. 9, 2011), a California appeals court upheld a church's firing of its pre-school director for living with her boyfriend and raising their child together without being married-- living arrangements that were contrary to the religious beliefs of the church.  The court summarized its holdings as follows:

(1) Henry‟s claim of wrongful termination under the FEHA [California Fair Employment and Housing Act] is barred because the church does not qualify as an “employer” under the FEHA; (2) Henry‟s employment was terminated for religious reasons for which the church and school are exempt under title VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e et seq. (Title VII)); and additionally, (3) her claim for wrongful termination in violation of public policy is barred by the ministerial exception.

Recent Prisoner Free Exercise Cases

In Mitchell v. Texas Department of Criminal Justice, 2011 U.S. Dist. LEXIS 139638 (ND TX, Dec. 3, 2011), a Texas federal magistrate judge dismissed claims by a Sunni Muslim inmate that his rights under the 1st Amendment and RLUIPA were infringed when he was disciplined for failing to keep a medical appointment at the end of Ramadan.

In Lemcool v. Pool, 2011 U.S. Dist. LEXIS 139535 (ND FL, Dec. 3, 2011), a Florida federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 139536, Nov. 1, 2011) and dismissed complaints by a Wiccan inmate that she was refused 3-ring binders for religious writings, and that Tarot cards were limited to the chapel. However it refused to dismiss for lack of exhaustion a claim that she was not provided opportunities to celebrate Sabbat and Esbats.

In LeCompte v. Ricci, 2011 U.S. Dist. LEXIS 140586 (D NJ, Dec. 7, 2011), a New Jersey federal district court rejected a inmate's 1st Amendment and RLUIPA challenges to disciplinary action taken against him for establishing a business and providing false information to government agencies to conceal that some of those involved were incarcerated. The inmate claimed the business was an Islamic charity intended to assist at-risk women.

In Isbell v. Ryan, 2011 U.S. Dist. LEXIS 140469 (D AZ, Dec. 6, 2011), an Arizona federal district court permitted an Asatru inmate seeking a lacto-vegetarian diet to proceed with 1st Amendment and RLUIPA claims against several named defendants, finding that there remains a dispute as to whether the inmate's request was based on a sincerely held religious belief. The court said that sincerity of belief does not turn on objective knowledge of a religion. Nor is the centrality of a belief to the religion relevant to the free-exercise claim.

In McMichael v. Pallito, 2011 U.S. Dist. LEXIS 138124 (D VT, Dec. 1, 2011), a Vermont federal district court adopted a magistrate's recommendations (2011 U.D. Dist. LEXIS 140907, Oct. 24, 2011) and rejected an inmate's claim that delay in furnishing him a diet consistent with his Muslim beliefs infringed his free exercise rights.

In Thomas v. Taylor, 2011 U.S. Dist. LEXIS 141625 (SD IL, Dec. 9, 2011), an Illinois federal district court dismissed a complaint by a Muslim inmate who, while furnished a vegetarian diet consistent with his beliefs, instead wanted access to the kosher diet plan.

NYT Says Strong Al Nour Showing In Egypt Stems From More Than Religious Concerns

Today's New York Times carries an interesting analysis of why Egypt's conservative Muslim Salifist Al Nour Party was so successful in the first round of Parliamentary elections:

their appeal may have as much to do with anger at the Egyptian elite as with a specific religious agenda. The Salafis are a loose coalition of sheiks, not an organized party with a coherent platform, and Salafi candidates all campaign to apply Islamic law as the Prophet Muhammad did, but they also differ considerably over what that means. Some seek within a few years to carry out punishments like cutting off the hands of thieves, while others say that step should wait for the day when they have redistributed the nation’s wealth so that no Egyptian lacks food or housing.

But alone among the major parties here, the Salafi candidates have embraced the powerful strain of populism that helped rally the public against the crony capitalism of the Mubarak era and seems at times to echo — like the phrase “silent majority” — right-wing movements in the United States and Europe.

Israeli Bus Company Fined After Driver Enforces Sex Segregation

In Israel on Wednesday, the Rishon Lezion Magistrate Court fined Egged, Israel's largest bus company, the equivalent of $1,070 (US) for requiring a woman passenger to sit in the back of the bus while the bus traveled through a Haredi (strictly Orthodox) neighborhood.  According to JTA, a driver told the passenger (an Orthodox woman who objected to sitting in the back) that only the rabbis decide whether a bus route is segregated or not. Egged issued a statement saying that the driver was not reflecting the company's views. Last January, Israel's High Court of Justice ruled that while sex-segregated buses serving strictly Orthodox communities could continue on a strictly voluntary basis, a bus operator may not request or order a woman to sit in the back of the bus. (See prior posting.)

White House Hosts Hanukkah Reception

As reported by Haaretz, the White House yesterday hosted its annual Hanukkah reception, with President Obama, Vice President Joe Biden and their wives in attendance along with some 550 guests. In his remarks (full text), the President, after noting the reception was a bit early this year, said in part:

This year, we have to recognize the miracles in our own lives.  Let’s honor the sacrifices our ancestors made so that we might be here today.  Let’s think about those who are spending this holiday far away from home -– including members of our military who guard our freedom around the world.  Let’s extend a hand to those who are in need, and allow the value of tikkun olam to guide our work this holiday season.

This is also a time to be grateful for our friendships, both with each other and between our nations.  And that includes, of course, our unshakeable support and commitment to the security of the nation of Israel.

Yahoo! News has additional photos of the reception.

9th Circuit Hears Arguments In California Proposition 8 Case

AP reports that yesterday the U.S. 9th Circuit Court of Appeals heard two sets of arguments on different aspects of Perry v. Brown, the case challenging the constitutionality of California's Proposition 8 that barred same-sex marriage in the state. One set of arguments (audio of arguments) focused on whether now-retired Judge  Vaughn Walker who presided over the district court trial should have disclosed that he was in a long-term relationship with a male partner, arguably a fact bearing on his impartiality in deciding the case. The second set of arguments (audio of arguments) dealt with whether the court should unseal video recordings of the trial made by Judge Walker.

Egyptian Military Moves To Limit Influence of Islamists On New Constitution

AP reported Wednesday that Egypt's ruling military leaders, concerned with the strong showing by Islamic parties in the first round of parliamentary elections, have decided to appoint a new council to assure that the 100-member constituent assembly appointed to draft a new constitution will be representative of all religions, professions, and political parties. In response to a question, Gen. Mukhtar Mulla agreed that this move is designed to limit the influence of Salafis who want to impose strict Islamic law in Egypt. AFP reports that the Muslim Brotherhood, objecting to the move, says the army is trying to marginalize Parliament in the writing of the new constitution.

Kazakhstan Muslim Students Plan To Sue Over Hijab Ban

Radio Free Europe reports today that in Kazakhstan, 8 female Muslim students plan to sue Saqtaghan Baishev University because it refuses to allow them to attend classes wearing hijabs (head scarves). The University says that its regulations are consistent with Kazakhstan's recently-enacted Law on Religions and Religious Organizations.  Attorneys for the students say the University's regulations violate Kazakhstan's constitution which guarantees citizens the right to freely practice their religion.

Group Seeks Input On Tax Issues Relating To Religious Non-Profits

Last January, the Evangelical Council for Financial Accountability at the request of Iowa Senator Chuck Grassley, ranking member of the U.S. Senate Finance Committee, formed an independent national commission to study accountability and policy issues affecting churches and religious organizations. (See prior posting.) Yesterday that commission, the Commission on Accountability and Policy for Religious Organizations, announced that it has added a public input page to its website.That page asks members of the public for input on 17 separate issues relating to taxation of churches and conditions imposed on religious organizations claiming non-profit tax status.

Controversy Over Nativity Scene In Texas Town

This year it is in the small town of Athens, Texas that a controversy over a nativity scene on public property has erupted.  KYTX News reported yesterday that the Keep Athens Beautiful Committee decorates downtown Athens with reindeer, Santa, carolers, a Christmas tree and a nativity scene. The Freedom from Religion Foundation has objected, but County Judge Richard Sanders says the display is legal because it includes secular as well as religious elements. FFRF alternatively wants to put up its own sign reading in part: "There are no gods, no devils, no angels, no heaven or hell."  County Commissioner Joe Hall says he will fight to keep the nativity scene, declaring: "This nation is a Christian nation regardless of what those fruit loops and fruitcakes in Washington D.C. say. Hell will freeze over before I vote to have it removed."

Tennessee School Board Agrees To Settlement In Challenge To Religious Practices

The ACLU of Tennessee announced yesterday that the Sumner County (TN) Board of Education has agreed to enter into a consent decree in a lawsuit charging that the Sumner County schools have engaged in a pattern of promoting religion. (See prior posting.) The proposed Consent Decree (full text) in ACLU of Tennessee v. Sumner County Board of Education is summarized by the ACLU as follows:

school officials can no longer promote their personal religious beliefs to students.  Religious symbols and items may not be displayed in a place publicly visible to students.  Teachers may supervise student clubs but can no longer participate in their activities and school officials cannot encourage or solicit prayer at school functions.  School events may not be held in religious venues except under certain limited conditions and the schools can no longer take field trips to religious sites.  Only family members will be permitted to visit schools at lunchtime.  Groups wishing to distribute materials to students, such as members of Gideons International, must do so in a neutral way, minimizing contact with students and no groups will be given preferential access to students.  Non-religious clubs shall not have “chaplain” positions and all course materials and choral music must have a clear pedagogical purpose.

The Tennessean, reporting on the settlement said school officials emphasized that under it students will still be able to pray at school, study the Bible during lunch breaks, organize religious clubs, wear religious jewelry and hold See You At the Pole prayer events so long as teachers do not participate in or lead the activity.