Refusing Pagan Books, School System Is Reviewing Policy On Distribution of Religious Materials

In December, parent Ginger Strivelli complained to the principal at North Windy Ridge intermediate school in Buncombe County, North Carolina because her son brought home one of the Gideon Bibles that the school had made available in an office for any student who wanted to pick one up.  In response, the principal said that any other group could similarly leave material for students. However when Strivelli showed up on Wednesday with Pagan spell books, the school refused to make them available to students, saying that the school district is reviewing its policy because of the complaints it has generated. According to the Asheville Citizen-Times, a statement from the school system said no school will accept a donation of materials "that could be viewed as advocating a particular religion or belief" while the school district policy review is under way. [Thanks to Blog from the Capital for the lead.]

Rabbi Sentenced In Money Laundering Case

As previously reported, in June 2010 Rabbi Eliahu Ben Haim, former head of a prominent synagogue in Deal, New Jersey, plead guilty in a New Jersey federal district court to charges of using religious charities he controlled to launder money. Ben Haim was one of five rabbis from the Syrian Jewish community and 39 others arrested last year in a high profile federal investigation of public corruption and money laundering.  On Wednesday, according to the Asbury Park Press and a press release from the U.S. Attorney's Office, the federal court handed down its sentence for Ben Haim-- 5 years in prison followed by 3 years of supervised release. He has already forfeited over $700,000 in funds to the government. Another defendant, Akiva Aryeh Weiss, who plead guilty to operating an unlicensed money transmitting business from a location in Brooklyn, was sentenced to five years probation with the special condition that he reside in a mental health facility.

Arizona Day of Prayer Proclamations Challenged In State Court Lawsuit

Last month, an Arizona federal district court dismissed on standing grounds an Establishment Clause challenge to Arizona Governor Janice Brewer's past and future declarations of an official Day of Prayer. (See prior posting.)  Refusing to give up, now the Freedom from Religion Foundation has filed a challenge to the Day of Prayer proclamations in an Arizona state court invoking the state constitution. (FFRF press release). The complaint (full text) in Freedom From Religion Foundation, Inc. v. Brewer, (AZ Super. Ct. filed 1/4/2012), alleges that in making the proclamations, the governor violated two state constitutional provisions-- Art. II, Sec. 12 which bars the use of public funds for religious worship, and Art. XX, Sec. 1 that "no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship, or lack of the same." Yesterday's Arizona Republic reported on the lawsuit.

Bankruptcy Judge Imposes Sanctions In Case Involving Anti-Catholic Statements In Legal Memo

As previously reported, last month Minnesota U.S. Bankruptcy Judge Nancy Dreher issued show-cause orders to attorney Rebekah Nett and her client Naomi Isaacson (who is also a member of the bar) threatening to impose sanctions on them for bigoted anti-Catholic statements contained in a legal memorandum they filed with the court.  The memo was written by Isaacson and filed by Nett.  AP reports that yesterday Isaacson failed to appear for the show cause hearing, and the court ordered her jailed for contempt. She had previously been held in contempt for failing to turn over documents in the case, and the arrest order appears to relate to that since it runs until the documents are produced. (The St. Paul Pioneer Press reports that the arrest order was issued on Tuesday, before the Wednesday hearing, and was for failing to turn over business records.) Isaacson and Nett were each ordered to pay $5000 in penalties for the abusive legal memo, take ethics classes, and the case file was forwarded to the chief judge of the district for possible disbarment from practice before federal courts in the state. The court did not jail Nett who did appear at the hearing and told the court that the offensive document was an "emotional outburst" written by Isaacson and that Nett "wasn't trying to condone that" when she filed it on behalf of the bankrupt company headed by Isaacson.  Nett argued that contempt sanctions are designed to prevent a repeat of the conduct, and that this kind of case was unlikely to ever arise again. The bankrupt company is a subsidiary of the controversial Samanta Roy Institute of Science and Technology.

Court Blocks New York Housing Development Favoring Hasidic Residents Over Neighboring Blacks and Hispanics

A New York state trial court ruled yesterday in a housing discrimination case that pits the Hasidic Jewish community in the New York City neighborhood of Williamsburg against black and Hispanic residents of the neighboring Bedford-Stuyvesant neighborhood. According to a New York Civil Liberties Union press release, the court's issuance of a preliminary injunction against proceeding with the current plans for an affordable-housing project on city-owned land in the Broadway Triangle area may have implications for all future affordable housing projects in the city. In Broadway Triangle Community Coalition v. Bloomberg, (NY Sup. Ct., Jan. 4, 2012), the court held that the housing plans would perpetuate racial discrimination and disproportionately impact minority racial groups in violation of the Federal Fair Housing Act. Current plans involved construction of low rise buildings containing numerous large apartments, instead of taller buildings containing smaller apartments.  The current plans would favor the white Hasidic Yiddish-speaking community that generally has large families, and for whom taller buildings are unattractive because of their religious need to avoid using elevators on the Sabbath. Black and Hispanic residents of the area more often need smaller apartments. Reuters reports on the decision. (See prior related posting.)

Anti-Copyright Group Recognized As A Religion In Sweden

In Sweden, the "Missionary Church of Kopimism" has, on the third try, obtained approval to register Kopimism (pronounced "copy me-ism") as one of the country's 22 recognized religions. NPR reported on the announcement yesterday. The church's central belief is in the sharing and copying of information. It is opposed to copyright laws, which it sees as limiting lives and freedom. According to Torrent Freak, file-sharing philosophy student Isak Gerson founded the Church in 2010 as an attempt to avoid persecution for file sharing. (See prior related posting.)

Indian Medicine Man Sues Claiming Tax Lien Infringes His Religious Liberty

Last month, Jonathan Smith who is a Medicine Man (i.e. spiritual leader) in the Shinnecock Indian Nation filed a federal lawsuit claiming that imposing federal income tax on him, filing a tax lien and seizing funds from his bank and brokerage accounts violated his religious liberty.  The complaint (full text) in Smith v. Elkins, (ED NY, filed 12/7/2011), claims that:

Smith's traditional spiritual activities as a Medicine Man are self-funded from Smith's own assets, including use of funds from Smith's personal and business bank accounts.... 

Smith's spiritual activities are, in part, directed at helping Shinnecock and other Indian peoples heal and overcome the personal and spiritual difficulties which have and continue to afflict them as a People due to their history at the hands of the United States Government and the British Crown over the last 400 years, a history which is passed on generation to generation through traditional oral traditions.

Smith argues that the tax assessment, the lien, and the levy, are prohibited by the free trade provision of The Fort Albany Treaty, 1664; by the Indian Religious Freedom Act of 1978, by the Religious Freedom Restoration Act, and by Art. I, Sec. 8 of the Constitution. The Dec. 22 New York Daily News reported on the filing of the lawsuit.  In 2008, in Smith v. Everson, (ED NY, March 21, 2008), a federal district court dismissed Smith's similar challenge to the assessment of taxes and penalties on him, holding that jurisdiction over that claim lies in the Tax Court.

EEOC Charges Developer With Retaliation Against Rastafarian Security Officer

The EEOC announced yesterday that it has filed a federal lawsuit against Grand Central Partnership, Inc. for violating a prior consent decree and committing new illegal acts in firing a black Rastafarian security officer 3 months after he complained to the EEOC about threats and his supervisor's ignoring of them.  Grand Central Partnership is a non-profit developer of the area in New York City around Grand Central Terminal.  The earlier consent decree, entered in 2009, promised accommodation of religious practices of Rastafarian security officers. New allegations claim that a non-Caribbean security officer threatened to shoot and kill a group of Rastafarian officers, and a white security supervisor made light of the threat.  The officer who was fired complained about that supervisor's conduct and his past racially discriminatory threats.

Fired Muslim Bookkeeper Settles Suit Against Catholic Diocese

The Lehigh Valley Morning Call reported yesterday on the settlement of a federal lawsuit that had been filed against the Catholic Diocese of Allentown (PA) by a woman who worked as a bookkeeper at a Catholic Church in Easton (PA). Plaintiff Omayma Arafa, a Muslim from Egypt, claims she was fired from her position in retaliation for her complaining about insensitive treatment she suffered in relation to her religious beliefs after Monsignor Edward Zemanik was assigned to the church.The diocese says that Arafa's position was eliminated as a cost-savings measure. The terms of the settlement have not been disclosed.

Samoan Time Change Poses Sabbath Observance Problems

As has been widely reported, last week the Pacific island nation of Samoa (and its neighboring island, Tokelau) effectively moved to the other side of the International Date Line by aligning their official time with Australia and New Zealand. These countries are Samoa's most important trading partners and emigration destinations.  Samoa and Tokelau carried out the change by moving immediately from Thursday Dec. 29 to Saturday Dec. 31-- skipping Friday.  According to JTA this move has posed a unique problem for Seventh Day Adventists and Jews. When should they celebrate the Sabbath on Samoa?  Most Seventh Day Adventist churches have decided to now adopt Sunday as the day of rest.  Apparently there is only one permanent Jewish resident in Samoa, and two Jewish Peace Corps volunteers.  Nevertheless, a Baltimore rabbi, Dovid Herber, who is an expert on Jewish law and astronomy, has written a two-page halachic (Jewish legal) opinion on the issue. He concludes that it has always been questionable when to observe the Sabbath on Samoa, so Jews should keep the Sabbath for 49 hours to make sure they have the correct day. Before the Date Line change, that meant from sunset Thursday to when it became dark on Saturday. After the change, this should move to begin the 49 hours at sundown on Friday and end Sunday night. Voz Is Neias? has more detailed information on Rabbi Heber's opinion, as well as on conflicting opinions of other rabbis who say the Sabbath should be observed on whatever day the local population calls Saturday. In 1997, Rabbi Heber wrote a longer article on halachic issues posed by the International Date Line.

ACLU Sues Library Over Internet Filter That Excludes Minority Religious Beliefs

The ACLU announced yesterday that it has filed a federal lawsuit on behalf of a library patron against the Salem, Missouri Public Library for unconstitutionally blocking Internet access to websites that discuss minority religious beliefs. The complaint (full text) in Hunter v. City of Salem Missouri, (ED MO, filed 1/3/2012), alleges that the library subscribes to an Internet filtering service that allows the library to choose categories of websites to which it wishes to deny access on its publicly available computers.  The library included the "occult" category in its filter profile, even though that category includes "numerous websites discussing minority religions, religious practices, and beliefs from a positive or neutral viewpoint." The library also blocks the "criminal skills" category, even though that includes websites "related to Native American cultural and religious history and the Wiccan Church."  Plaintiff alleges that this practice violates her 1st Amendment right of access to speech and violates the Establishment Clause by favoring some religious viewpoints over others. AP reports on the lawsuit.

Suit Challenges Denial of Charter School Application By Minister

The Orange County Register last month, in an editorial, reported on a lawsuit filed on Dec. 9 against the Compton (CA Unified School District challenging its two denials of a charter school application filed by a Christian minister.  The application by Charles Patrick, pastor of Sunago Christian Fellowship Church, was rejected because of Patrick's religious leadership position in the community. Apparently the school district relied on provisions in California's constitution (Art. IX, Sec. 8) that bar spending of public funds to support any sectarian school. Patrick, however, says he was not applying on behalf of his church. He says he wants to run a non-religious charter school at a safe location in the city. The lawsuit claims that the school board's action violates the 1st Amendment by denying funding intended to be used for a secular purpose merely because of the applicant's religious affiliation.

Goldman Sachs Enters Islamic Finance Market Amid Some Criticism

Reuters yesterday reported on controversy that is being caused by the entry of the large U.S. investment banking firm, Goldman Sachs, into the Islamic finance market. In an attempt to bring greater sophistication to the sukuk market, Goldman created a Cayman Islands entity that will issue financial instruments based on a cost plus profit arrangement to avoid payment of interest.  The sukuk program has been registered for trading on the Irish Stock Exchange. An Islamic finance analyst in Saudi Arabia, however, has raised concern that Goldman might use proceeds of its sukuk program to fund its conventional banking activities or that the sukuk might trade on the Irish Stock Exchange at other than par value-- which would be in violation of sharia law. The managing director of an Islamic finance advisory firm rejects this speculative criticism as groundless.

Saudis Will Enforce Ban On Salesmen In Women's Apparel Shops, Despite Clerical Objections

According to AP, Saudi Arabia yesterday said it will begin to enforce a 2006 law that bars men from working in women's apparel and cosmetics shops. The law has not been enforced up to now because Muslim clerics oppose women working in places where men and women congregate, such as malls.  Saudi Arabia's most senior cleric said: "a woman standing face to face with a man selling to him without modesty or shame can lead to wrongdoing."  However Saudi women, unhappy about having to buy lingerie from men, have pressured the government to place women in these stores.  The new enforcement will begin Thursday and will cost thousands of men their sales jobs. Their positions will be taken largely by female South Asian migrants. Over 28,000 female workers have applied for the new positions.

ACLU Complains About Christian Athlete Speakers At Schools

Sunday's Kansas City Star reports that the ACLU is raising questions with the St. Joseph, Missouri school district about the religious content of presentations made by motivational speakers in the schools. The speakers were arranged through the Fellowship of Christian Athletes, which says it is careful not to cross the line in church-state matters. The ACLU's letter to the district attorney complaining about the situation focuses particularly on religious motivations reflected in various e-mails from Cindy Crouse, the school district's coordinator of guidance and counseling. For example, in describing a mother's complaints about the speakers, Crouse said: "Satan was at work today."  The ACLU is also concerned about use of the school assemblies to promote religious events taking place elsewhere. The school district's attorney says that the school has followed the law, and that it will remind those involved with programs that they cannot let their personal faith interfere with their job duties.

Indian Government Sets New OBC Sub-Quota In Bid For Muslim Votes

Over the last ten days, the press in India has been filled with commentary on the Indian government's December 22 decision (CNN) to create a 4.5% sub-quota for economically and socially disadvantaged non-Hindu minorities-- Muslims, Christians, Sikhs, Buddhists and Zoroastrians-- within the existing 27% Other Backward Classes (OBC) quota. The quotas create access to government jobs and education. Many more Muslims are designated as OBCs than are members of the other non-Hindu religious minorities.  In December 2009, the National Commission for Religious and Linguistic Minorities submitted a report to Parliament recommending a 10% quota for Muslims, along with 5% for other minorities. (See prior posting.) The government's December decision to set a new sub-quota is widely seen as an attempt to attract Muslim votes in legislative assembly elections to be held in February in the state of Uttar Pradesh. An example of reaction to the new quota, however, is a Jan. 1 article from the Times of India that contends the new rules will hurt Muslims.  It quotes the founder of the All-India Muslim OBC Organisation, who says:

Besides pitting minority OBCs against Hindu OBCs, the educationally and socially weak Muslim OBCs will not be able to compete with Sikh and Christian OBCs in the race to grab jobs and admissions. The advantage of being part of the general OBCs is that you remain invisible and get some benefits. But here, the competition will be tougher as the share has reduced.

Israel High Court Refuses To Create General Procedure To Change Status To "No Religion"

As previously reported, in Israel last September a Tel Aviv District Court granted a petition by author Yorum Kaniuk, ordering the Interior Ministry to allow Kaniuk to change his status on the country's population registry from "Jewish" to "no religion." (See prior posting.)  Kaniuk then petitioned the High Court of Justice asking it to provide a method for citizens who want to be listed as having "no religion" to be able to do so without having to go to court in each case. The Jerusalem Post reports that in an opinion released Saturday night, a 3-judge panel of the High Court of Justice dismissed Kaniuk's petition, saying that it presents a "general topic that does not address any specific individual or any specific difficulty and which therefore cannot be addressed effectively [by the court]."

In India, Conversion Law Is Used By Hindu Family To Oppose Daughter's Marriage

The Times of India on Saturday reported on a case in which parents in Ahmedabad (in Gujarat state in India), unhappy with their daughter's choice of husbands, are attempting to use Gujarat's Freedom of Religion Act that aims at coerced conversions to undo or undercut the marriage.  The bride, from a Hindu family, converted to Islam before her marriage last October to her Muslim husband.  In November, the bride's mother filed a complaint with the police claiming that her daughter did not obtain the required permission from the district collector to convert to another religious faith.  On Dec. 22, the daughter and the Muslim scholar who converted her were arrested, placed in custody and denied bail.  A hearing in the case is scheduled for today in the city sessions court. The daughter claims she filed an affidavit before the marriage stating she was not forced into conversion. She plans to challenge the Religious Freedom Act's provisions on conversion. (See prior related posting.)

Israeli Legal Decisions Fail To Solve Disputed Ownership of Church of Holy Sepulchre Chamber

On Friday, Haaretz reported on an inconclusive decision by an Israeli magistrate's court last month in a battle over ownership of a small chamber in the basement of the Church of the Holy Sepulchre in Jerusalem.  The case began in 1996 when employees of a grocery store in the Christian Quarter of the Old City of Jerusalem discovered that Coptic monks were removing soil from an area under the grocery. The Coptic monks had reached the chamber through a horizontal tunnel from their chapel in the Church of the Holy Sepulchre.  A vertical entry connects the grocery store-- which rents from a Muslim religious trust that owns the building-- to the same chamber. After a stabbing and kidnapping over the dispute, the Muslim Budri family religious trust took the Coptic Church to court to settle ownership rights. During the 15 years of litigation, the court has had to examine numerous obscure historical documents.  Also, the case at one point made it up to the High Court of Justice which ordered the Prime Minister's Office to determine whether the disputed basement is a holy site.  A law still in force from the British Mandate period prohibits courts from deciding that issue.  Last month two rulings came down. The Prime Minister's Office ruled that the basement is not a holy site, and Jerusalem Magistrate's Court Judge Oded Shaham ruled that neither side had proved ownership of the basement, saying that the parties' rights are "inherently unclear."  Both sides plan to appeal the judge's ruling, and the Coptic Church is considering appealing the ruling by the Prime Minister's Office.

Hungary Again Passes Restrictive Religion Law

According to Focus News Agency, Hungary's Parliament last Friday passed a restrictive new Law on Churches which recognizes only 14 religious faiths (the so-called traditional faiths), instead of the 300 that have previously been recognized.  Faiths not specified in the new law are permitted to apply to Parliament for recognition if they have been operating in Hungary for at least 20 years. Two-thirds approval of Parliament is required for recognition. All Islamic, Buddhist and Hindu congregations will be required to apply under this provision. Hungary's Constitutional Court struck down an earlier version of the law last month, but did so only on procedural grounds. (See prior posting.)