Maldives Religious-Political Battles Lead To Competing Arrests

Religious-political battles in the Maldives are intensifying.  Minivan News reports that last Thursday opposition Dhivehi Qaumee Party (DQP) Deputy Leader Dr Mohamed Jameel Ahmed was summoned for questioning after the President's Office called for an investigation into "slanderous" remarks allegedly made by Ahmed.  It was charged that he accused the government of working under the influence of “Jews and Christian priests” to weaken Islam. Ahmed was then taken into custody Sunday night. Chief Criminal Court Judge Abdulla Mohamed, however, ordered Ahmed's immediate release, holding unconstitutional Section 125 of the Penal Code that permits detention for making a fabricated statement.  Now AP reports that on Monday the military in turn arrested Judge Mohamed "for corruption, in particular for allowing his judicial decisions to be determined by political and personal affiliations and interests."

UPDATE: AP 1/19 reports that the military still holds Judge Mohamed despite orders by the Supreme Court and the prosecutor general for his release. Maldives Vice President Mohammed Waheed Hassan also criticized the "extrajudicial arrest".

Cert. Denied By Supreme Court In 2 Prayer Cases

The U.S. Supreme Court today denied certiorari in two cases raising the issue of when public bodies may open their sessions with prayer. (Order List).  The first of the cases in which it denied review is Forsyth County, North Carolina v. Joyner, (Docket No. 11-546, cert. denied 1/17/2012). In the case, the 4th Circuit, in a 2-1 decision, held that  the prayer policy of a county commission violated the Establishment Clause even though the policy was neutral on its face. All congregations in the community were invited to send a religious leader to lead an invocation at one of the commission meetings. As implemented, however, 80% of the prayers referenced Jesus and no non-Christian religious leader ever offered the invocation. (See prior posting.) [corrected]

The second case in which the court denied review is Indian River School District v. Doe, (Docket No. 11-569, cert. denied 1/17/2012). There the 3rd Circuit found a school board's prayer policy to be unconstitutional, holding that the test for whether prayers opening school board meetings violate the Establishment Clause is the test used for prayer at school events, not the test for when invocations are permitted in legislative bodies. (See prior posting.) [Thanks to Rob Luther for the lead.]

Zimbabwe Court Says School Must Admit 4-Year Old Rastafarian

In Zimbabwe's second largest city, Bulawayo, a high court judge in a case brought by Zimbabwe Lawyers for Human Rights has ordered school authorities to allow a a 4-year old Rastafarian boy to enroll in in class. Radio VOP reported yesterday that school authorities at Masiyephambili Junior School had barred the child because he was wearing his hair in dreadlocks. The court wrote in part: "There is no lawful basis for the Respondents to interfere with the minor child’s right to education based on his long hair that expresses his religious beliefs."

Polish Court Fines Singer For Statement Questioning Bible

A court in Warsaw, Poland yesterday imposed a fine equivalent to $1450 (US) on popular singer Doda (Dorota Rabczewska) for offending religious feelings.  AP reports that the case grew out of a 2009 interview in which Doda said that she doubts the Bible "because it's hard to believe in something that was written by someone drunk on wine and smoking some herbs." [Thanks to Alliance Alert for the lead.]

State University Cancels Course On Biblical Insights Into Business Management

Yesterday's Iowa State Daily reports that a class which was originally scheduled in Iowa State University's business school has now been cancelled because of church-state concerns. Finance Professor Roger Stover had proposed a new one-hour independent study course titled "Finance 290X: Application of Biblical Insight into the Management of Business/Organization."  He says many leading universities are actively exploring the role of spirituality in business management.  However, Hector Avalos, a professor of philosophy and religious studies who was one of the faculty who objected to the course, said that Stover: "has no expertise in either academic biblical studies or religious studies, and this raises the question of whether Finance 290X is simply a means to obtain college credit for religious instruction rather than for an objective academic study of different Christian viewpoints about business."

Today Was Religious Freedom Day

Today was Religious Freedom Day, marking the 226th anniversary of the adoption of the Virginia Statute for Religious Freedom. Last week, President Obama issued an official Presidential Proclamation (full text) declaring the observance. The Proclamation reads in part:

For nearly four centuries, men and women have immigrated to America's shores in pursuit of religious freedom.  Hailing from diverse backgrounds and faiths, countless settlers have shared a simple aspiration -- to practice their beliefs free from prejudice and persecution.  In 1786, the Virginia General Assembly took a bold step toward preserving this fundamental liberty by passing the Virginia Statute for Religious Freedom, which brought to life the ideal of religious tolerance from the texts of the Enlightenment in the laws of state.  On Religious Freedom Day, we celebrate this historic milestone, reflect upon the Statute's declaration that "Almighty God hath created the mind free," and reaffirm that the American people will remain forever unshackled in matters of faith.

[Thanks to Blog from the Capital for the lead.] 

Indian Court Limits Use of Loudspeakers By Houses of Worship

In India last week, the Delhi High Court, in response to a complaint about the noise from loud speakers at a temple and a mosque, placed limits on use of sound amplification by houses of worship.  Indian Express reported last Wednesday that the court barred religious establishments in Ekta Vihar and Sunder Nagri from placing loudspeakers higher than either 8 feet or close to the top of the building. Any loudspeakers must face toward the building so that only those voluntarily attending hear the sound.  The court wrote:

No person is entitled, on the pretext of practising or propagating one’s religion, to cause such nuisance in his or her neighbourhood, and disturb peace in the area. Merely because one considers it beneficial for others to hear the aarti, aazan, religious prayers or sermons, one cannot thrust the same upon others against their will, and at the cost of peace and tranquility.

Saudi King Appoints More Liberal Head of Religious Police

The Wall Street Journal reports that on Friday, Saudi Arabia's King Abdullah bin Abdulaziz al Saud took steps to liberalize the country's religious police by placing a new person in charge of the Committee for the Promotion of Virtue and Prevention of Vice. The king replaced hard-liner Sheik Abdulaziz al-Humain with Sheik Abdulatif al-Sheikh. The new appointee has a history of opposing child marriage, and of defending women's right to work and mix with men in public places.

Deputy Who Was Subject of Mel Gibson Anti-Semitic Tirade Can Go To Trial On Employment Discrimination Claim

A Los Angeles Superior Court judge ruled Thursday that a  deputy sheriff's religious discrimination and hostile work environment claims should go to a jury for trial. However the court dismissed his retaliation claim. Plaintiff is James Mee who in 2006 arrested actor Mel Gibson on drunk driving charges. Mee alleges that during the arrest Gibson launched into an anti-Semitic tirade against Mee, who is Jewish. Mee says he was ordered by his superiors-- who were friends with Gibson-- to delete reference to Gibson's anti-Semitic statements in his report, and to file them as a confidential supplemental report. (See prior posting.) According to an AP report on Thursday's decision, Mee says that his superiors ostracized him and blocked his chances for a promotion. In allowing the claims to go to trial, the court questioned whether Mee could show damages since he still works for the sheriff's department.

Recent Articles and Book of Interest

From SSRN:

• Sahar F. Aziz, From the Oppressed to the Terrorist: American Muslim Women Caught in the Crosshairs of Intersectionality, (Hastings Race & Poverty Law Journal, Vol 8, No. 1, Spring 2012).
• Sahar F. Aziz and Abdullah Musalem, Citizens, Not Subjects: Debunking the Sectarian Narrative of Bahrain's Pro-Democracy Movement, (Institute for Social Policy and Understanding, July 2011).
• David A. Skeel, Hauerwasian Christian Legal Theory, ( Law & Contemporary Problems, Forthcoming).
• Jessie Hill, (Dis)Owning Religious Speech, (Case Legal Studies Research Paper No. 2012-2, Jan. 2012).
• Peter Mazzacano, Puritanism, Godliness, and Political Development in Boston and the General Court (1630-1640), (The Journal Jurisprudence, Vol. 12, pp. 599-678, 2011).
• Aziz Z. Huq, Private Religious Discrimination, National Security, and the First Amendment, (Harvard Law and Policy Review, Vol. 5, p. 347, 2011).
• Jessica Feinberg, Exposing the Traditional Marriage Agenda, (Northwestern Journal of Law and Social Policy, Forthcoming).
• Assaf Likhovski, Taxation Without a State: Jewish Voluntary Taxes in Mandatory Palestine, 1938-1948 (January 11, 2012).

From SmartCILP and elsewhere:

• Hossein Esmaeili, The Nature and Development of Law in Islam and the Rule of Law Challenge in the Middle East and the Muslim World, 26 Connecticut Journal of International Law 329-366 (2011).
• Kevin Gibson, Making Sense of the Sacred, [Abstract], 27 Negotiation Journal 477-492 (2011).
• George W. Dent, Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?, Engage Volume 12, Issue 3, November 2011.
• Mark P. Strasser, Perry, Same-Sex Marriage, and Federal Constitutional Guarantees, Engage Volume 12, Issue 3, November 2011.
• William L. Saunders, Does Neutrality Equal Secularism? The European Court of Human Rights Decides Lautsi v. Italy, Engage Volume 12, Issue 3, November 2011.

Forthcoming Book:

• Claudia E. Haupt, Religion-State Relations in the United States and Germany: The Quest for Neutrality, (Cambridge Univ. Press, Jan. 2012).

U.S. Catholics Increasingly Resorting To Canon Law Courts In Disputes With Church

AP yesterday reported on the growing number of U.S, Catholics who are turning to ecclesiastical courts in disputes beyond those involving marriage and annulment. Canon lawyers say that Catholics are using the Church's own legal system to challenge various sorts of decisions made by bishops or priests.  For example, recent cases involve a challenge to a priest's decision to rent out space in a local church for a band to use, and a nun's complaint that her Mother Superior had disclosed confidential medical information about her to others. Other cases involve challenges to church closures.

Recent Prisoner Free Exercise Cases

In Grayson v. Schuler , (7th Cir., Jan. 13, 2012), the U.S. 7th Circuit Court of Appeals in an opinion by Judge Posner  reversed a district court's grant of summary judgement for defendant in a damage claim by an African Hebrew Israelite inmate who took a Nazirite vow not to cut his hair. He was forced to cut his dreadlocks. The court held that it is impermissible for a prison to allow "Rastafarians to wear long hair and without justification forbid a sincere African Hebrew Israelite of Jerusalem to do so, even if he is more zealous in his religious observances than his religion requires him to be." The court also rejected defendant's claim of qualified immunity since he could not reasonably have thought that an exclusion from grooming requirements only for Rastafarians was constitutional. Interestingly, for illustrative purposes Judge Posner included as part of the opinion a photo of Jamaican musician Bob Marley with dreadlocks of "formidable length and density."

In Burriola v. Nevada Department of Corrections, (9th Cir., Jan. 12, 2012), the U.S. 9th Circuit Court of Appeals held that authorities did not violated an inmate's rights under the free exercise clause, the due process clause or RLUIPA when they confiscated some of his religious magazines.

In Countryman v. Baca, (9th Cir., Jan. 11, 2012), the U.S. 9th Circuit Court of Appeals rejected an inmate's claim that his free exercise and equal protection rights and his rights under RLUIPA were violated when he was denied access to a hardbound book to study the Greek New Testament.

In Cookson v. Commissioner, Maine Department of Corrections, 2012 U.S. Dist. LEXIS 6842 (D ME, Jan. 4, 2012), a Maine federal magistrate judge recommended rejecting a Satanist inmate's request to hold group Satanist rituals, finding that this would create a risk to prison security despite the individual plaintiff's rejection of violence. There is no evidence that others who might join the group similarly reject vengeance and violence. UPDATE: The court adopted the magistrate's recommendations at 2012 U.S. Dist. LEXIS 35053, March 15, 2012).

In Puckett v. Richland County Commissioners, 2012 U.S. Dist. LEXIS 1845 (ND OH, Jan. 6, 2012), an Ohio federal district court held that plaintiff had not alleged enough facts to support his claim that his free exercise rights are violated by a jail's refusal to permit pretrial detainees to participate in religious services.

In Parker v. Trent, 2012 U.S. Dist. LEXIS 3042 (ND WV, Jan. 10, 2012), a West Virginia federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 151089, Dec. 21, 2011) and dismissed a Muslim inmate's complaint, finding that prison authorities had not intentionally set improper meal and prayer times for Ramadan. They believed they were accommodating plaintiff's Ramadan requirements. Authorities also had legitimate penological reasons to refuse to allow Muslims to pray together.

In In re Garcia, (CA App., Jan. 11, 2012), a California state appellate court held that prison officials violated the free exercise and RLUIPA rights of a Messianic Jewish inmate when it refused to allow him to participate in an existing kosher meal program. The refusal was based on the Jewish chaplain's statement that the inmate was not a traditional Jew. In part of its opinion, the court concluded that state courts have concurrent jurisdiction with federal courts over RLUIPA claims.

In Ruffin v. Commissioner, 2011 U.S. Dist. LEXIS 151358 (D ME, Jan. 19, 2012), a Maine federal magistrate judge recommended dismissing a complaint by  Muslim inmate who wanted to conduct his one-person Friday religious service in a commons areas, instead of only in the privacy of his room as prison officials permitted.

In a press release issued on Jan. 10, the U.S. Department of Justice announced that it has entered into a consent injunction with the Berkeley County, S.C., Sheriff’s Office as to claims raised in Prison Legal News v. DeWitt that detainees were being denied access to books, magazines, and newspapers and denied the right to practice their religion, in violation of the1st Amendment and RLUIPA. The consent decree provides for detainees to have appropriate access to religious and reading materials.

Correctional Officer Who Could Not Carry Bible Loses Title VII Case

In Franks v. Nebraska, 2012 U.S. Dist. LEXIS 2829 (D NE, Jan. 10, 2012), a Nebraska federal district court rejected a Title VII employment discrimination claims by a correctional officer who was not permitted to carry a pocket-sized Bible while at work in the Omaha Correctional Center. His claim that his employer failed to accommodate his religious beliefs failed because he acceded to the requirement and thereby avoided any adverse employment consequences. The court also rejected plaintiff's claim that he was subjected to disparate treatment because of his religion and his claim of religious-based harassment.

Break-Away Presbyterian Congregation Keeps Title To Its Property

In Heartland Presbytery v. Gashland Presbyterian Church, (MO App., Jan. 10, 2012), a Missouri state appeals court held that the property of a break-away Presbyterian congregation was not held in trust for the Presbyterian Church (USA) or its Heartland Presbytery.  The Gashland Presbyterian Church obtained title to the property in 1948, prior to the adoption in the 1980's by PCUSA of the Property-Trust Clause in its Book of Order.  The court held that, under neutral principles of Missouri law, some expression of intent by Gashland to be governed by the Property-Trust Clause is required before an express trust can be created. (See prior related posting.)

Religious Conservatives Meeting In Texas Back Santorum

At a ranch near Brenham, Texas, today a gathering of 150 leading religious and social conservatives agreed on Rick Santorum as their consensus choice for the Republican presidential nomination. The Dallas Morning News reports that on the third ballot Santorum received 85 of the 114 votes cast. Family Research Council head Tony Perkins, speaking for the group, said: "There was this unanimous agreement to replace Barack Obama. And the consensus that emerged here was that Santorum was the best to do that." Perkins said that in the speeches and discussion, there was little reference to Romney's Mormon beliefs. Rick Perry, in whose home state the meeting was held, failed to even make the second ballot. (See prior related posting.)

Trial Court Upholds Indiana's School Voucher Program

AP reports that in Indiana yesterday, a state trial court upheld the constitutionality of the state's Choice Scholarship Program. In a suit filed last year, 12 plaintiffs alleged that the program violates state constitutional provisions that bar the use of tax funds for religious institutions and which require a general and uniform system of common schools. (See prior posting.) The court held that the state is not directly funding parochial schools. Instead scholarships go to parents who can decide at which schools they will be used. The court also held that the state constitution authorizes educational options outside of the public school system.  The decision is likely to be appealed.

South Carolina School Board Agrees To Consent Decree On Religion In Schools

The ACLU announced Thursday that the Chesterfield County, South Carolina school board has voted to adopt a proposed settlement agreement in suit filed against it last month challenging religious activities in the schools.  The complaint focused particularly on an an evangelical revival assembly held at New Heights Middle School, but also alleged other instances of prayer and proselytizing as part of school events. A posting on the school district's website says that the board approved the proposed consent decree at a special meeting on Thursday by a vote of 6-3, explaining:

Following legal advice that various practices and events in the schools related to religion needed to stop occurring, based on court decisions interpreting the Establishment Clause of the U.S. Constitution, the Board majority approved the consent decree and order.  The consent decree and order recognizes that students and teachers do have rights under the Free Exercise and Free Speech provisions of the First Amendment to pray at school under certain conditions and to participate in other religious activities.

The Board was advised that defending the lawsuit would result in a court-imposed order after many thousands of dollars had been spent on legal costs.  The Board wishes to make it clear that it intends to abide by the constitutional principle of separation of church and state, while also recognizing and allowing the permissible exercise of religion by its staff and students and all citizens.

Malaysian Court Rules On Jurisdiction To Decide Validity of Conversion

In Malaysia yesterday, an appeals court held that civil courts have jurisdiction to hear a case brought by a woman who is challenging the validity of her conversion to Islam as a child.  Bernama reports that the decision under appeal (originally handed down by the Penang High Court) had held that only Syariah courts have jurisdiction. Plaintiff Siti Hasnah Vangarama Abdullah claims that she was born into a Hindu family that placed her in an orphanage at age 5. She says that when she was 7, a Muslim Welfare Organization official took her to a Kadi court and ordered her to recite an affirmation of Muslim faith and a rejection of Hinduism. She says she did not understand the meaning of what she was doing, and in any event had no choice in the matter. Defendants on the other hand claim that Siti converted along with her parents and siblings when Siti was only 1 year old. Siti is seeking a court declaration that she was wrongfully required to convert, and is asking the court to order the National Registration Department to change her Muslim name back to her original Hindu name. She also wants the word "Islam" omitted from her identity card.

Defendants In Amish Beard-Cutting Assaults Plead Not Guilty; 5 Held In Jail

The Cleveland Plain Dealer reports that on Wednesday, 12 members of an Amish sect in Ohio who have been indicted on charges of conspiring to violate the federal hate crimes statute and the federal witness tampering law all pleaded not guilty. (See prior related posting.) The charges grew out of assaults that included forcible beard-cuttings carried out against members of a rival Amish faction. Seven of the defendants who have been detained since their arrests in November were ordered to remain in jail. Five other of the defendants who were not in detention were ordered to have no contact with the assault victims. Samuel Mullet Sr., the leader of the group to which defendants belong, was among those jailed.  The court concluded that his release with an electronic monitor was not feasible because Mullet has no electricity in his home.

UPDATE: In a Jan. 18 filing with the court, Samuel Mullet's attorney has said Mullet would install electricity in his home  to permit his pre-trial release with electronic monitoring. (Daily Mail).

Al-Azhar Proposed Bill of Rights Gains Widespread Support By Egyptian Political Parties

Daily News Egypt reports that on Wednesday, the Muslim Brotherhood’s Freedom and Justice Party, the Salafi Al-Nour Party, Al Wafd, and many liberal parties all signed onto a bill of rights drafted by the prestigious Muslim religious institution, al-Azhar. Bikya Masr says that the document took 3 months to draft. It was the collaborative work of Islamic scholars, Christian scholars and secular leaders. The document was also endorsed by a number of candidates for Egypt's presidency. The document, according to al-Azhar head Sheikh Ahmed Al-Tayeb, "preserves freedoms of worship, opinion, scientific research and art and creative expression." In a nod to conservative Islamists, the document also provides that the arts must not "contradict religious sentiments and established social mores."  Hassan El-Shafei, El-Tayeb’s consultant, said: "We do not want Egypt to be an Islamists state, but we also do not want Egypt to be a non Islamic state; we want Egypt as a modern democratic state that is based on Islamic values."