Court Says Defendant's Marijuana Use Was Not Religiously Motivated

In State of Idaho v. White, (ID App., Dec. 14, 2011), an Idaho state appeals court rejected defendant Cary White's claim that his marijuana use is protected by the Idaho Free Exercise of Religion Protected Act.  White's extensive testimony at an initial trial before a magistrate revealed both religious and non-religious reasons for his marijuana use. The magistrate concluded that; "White’s use of marijuana is more a matter of his belief in freedom, rather than a tenet of his religion." Reviewing that finding, the Court of Appeals concluded that:

there was substantial evidence for the magistrate to determine that, while White may have testified in a manner to link his marijuana use to legitimate religious beliefs and practices, this was more of an instance where he has utilized parts of various recognized religions “to meld into a justification for his use of marijuana” and did not ... establish a link between any recognized religious beliefs he may have and his marijuana use. Therefore, we conclude there was substantial and competent evidence to support the magistrate’s findings of fact that White’s marijuana use is not substantially motivated by a religious belief....

 Today's Idaho Statesman reports on the decision.

Florida Court Says Religious Freedom Amendment Ballot Language Is Misleading

Yesterday, a Leon County, Florida trial judge ruled off the 2012 ballot, at least temporarily, Florida's Amendment 7, the Religious Freedom Amendment.  In Shapiro v. Browning, (Cir. Ct. Leon Co. FL, Dec. 13, 2011), the court held that the a portion of the ballot summary language is ambiguous and misleading. The Amendment would repeal Florida's Blaine Amendment language that bars state aid to religious institutions and instead would permit religious institutions to participate in state programs on an equal basis with others. (See prior posting.) The language that the court found objectionable was the statement in the ballot summary that the amendment provides for participation in state programs by religious groups "consistent with the United States Constitution". In fact the amendment provides that the government may not deny participation to religious institutions "except to the extent required by the First Amendment."

The court's ruling however is subject to statutory mandate given to the state Attorney General to submit corrected revised ballot language within 10 days. (FL Stat. Sec. 101.161.)  The court upheld the constitutionality of the delegation of this authority to the Attorney General.  Yesterday's Palm Beach Post reports on the decision. [Thanks to FlaglerLive for the link to the decision.]

Scottish Parliament Passes Ban on Religious Hate Crimes and On Incitements At Football Matches

Yesterday Scotland's Parliament passed the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill by a vote of 64-57, according to BBC News.  As explained yesterday by The Guardian, the new law follows a series of sectarian threats and football-related violence earlier this year.

The full text of the final version of the new law is available online. It creates two new offenses.  First it bans incitement of public disorder based on hatred of a religious or racial group or on hatred relating to sexual orientation, nationality or disability. It covers such conduct at or while traveling to or from football matches.

Secondly, the new law more broadly bans threats of serious violence, or other threatening communications by a person intending to stir up hatred on religious grounds, whether or not related to football matches. However, a section designed to protect freedom of expression provides:

For the avoidance of doubt, nothing in section 5(5) prohibits or restricts— (a) discussion or criticism of religions or the beliefs or practices of adherents of religions, (b) expressions of antipathy, dislike, ridicule, insult or abuse towards those matters, (c) proselytising, or (d) urging of adherents of religions to cease practising their religions.

[Updated]

Reporter Follows Koshering of White House Kitchen For Hanukkah Reception

The Dining section of today's New York Times features an article titled Overnight Makeover for a Kosher First Kitchen. It reports on the several-hour frenzy of making the White House kitchen kosher so that food for the President's annual Hanukkah reception could be prepared there last week. (See prior related posting.) The article describes a "Lubavitch SWAT team of three rabbis and an intern."  At one point during the process, one of the rabbis "reviews a Hebrew passage from Shulchan Aruch, the venerable code of Jewish law. He finds it on his iPad."

Gingrich Iowa Staffer Resigns Over His Remarks About Mormonism

Yesterday's Des Moines Register reports that less than a week after he was hired, Newt Gingrich's political director for his Iowa campaign was forced to resign because of remarks he made about Mormons during a focus group in which he participated a day before he was hired. Craig Bergman told a focus group last Wednesday: "A lot of the evangelicals believe God would give us four more years of Obama just for the opportunity to expose the cult of Mormon. There’s a thousand pastors ready to do that." Both Mitt Romney and Jon Huntsman are Mormons.

Saudis Execute Woman Convicted of Sorcery

On Monday, according to an AP report, Saudi Arabia executed a woman who had been convicted of practicing magic and sorcery. Chief of the religious police, Abdullah al-Mohsen, said the woman had tricked people into thinking she could treat illnesses. She charged $800 per session for her services. (See prior related posting.)

Dutch Senate Unlikely To Concur In Ban On Halal and Kosher Slaughter

Last June, the lower house of Netherlands' parliament overwhelmingly passed a bill that effectively would ban kosher and halal slaughter of animals. The bill did so by eliminating a provision in current law that exempts ritual slaughter from the requirement that animals be stunned before they are killed. (See prior posting.) While at that time it appeared that the Dutch Senate would go along with the lower house, now, according to an AP report, support of several parties, including Netherlands' two largest, seems to have disappeared.  While the Senate vote on the bill will not take place until Dec. 20, yesterday the Senate debated the bill.  Senator Nico Schrijver said the Labour party now has "many questions," and suggested that animal welfare could better be improved by aiming at conditions in large-scale industrial slaughter houses rather than at the small number of  ritual slaughterers. The VVD party which holds the largest number of seats in Parliament also now seems unlikely to support the proposal. VVD senator Sybe Schaap argued that the bill reflects "ethical absolutism".

Suit Challenges Crosses On Public Property of Tennessee Town

The Freedom From Religion Foundation announced last week that it has filed a federal lawsuit against the town of Whiteville, Tennessee and its mayor, James Bellar, challenging under the Establishment Clause several crosses put up on public property. The complaint (full text) in Freedom From Religion Foundation, Inc. v. Town of Whiteville, Tennessee, (WD TN, filed 12/9/2011), recounts the sequence of events.  Initially FFRF complained about a cross that had been displayed on the town's water tower.  The mayor responded by merely removing one arm of the cross. (See prior posting.) At about the same time, the city installed two crosses in front of city hall and decorated them with Christmas wreaths. Also a cross was installed on a public sidewalk in front of the mayor's insurance company. Yesterday, Whiteville's mayor issued a statement (full text) criticizing the lawsuit. The mayor comments in part: "What is even more puzzling about this latest lawsuit is that this foreign company and its Nashville law firm have filed it in the federal court in Jackson, Tennessee, which abuts a public sidewalk on which sits government-owned light posts that, as we speak, are decorated by colorful banners depicting Christmas trees."

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.