Study Says Polls Located In Churches May Impact Voter Behavior

According to a press release this week from Baylor University, a new study by Baylor researchers suggests that locating a polling place in a church may impact voting behavior.  The study by Dr. Jordan LaBouff and Dr. Wade Rowatt published in the International Journal for the Psychology of Religion found that those who answered surveys taken next to church buildings reported themselves more politically conservative and more negative toward non-Christians than did people who took the survey near government buildings. ABC News says that this study is consistent with a 2008 Pennsylvania one that found voters were more likely to support a school levy if their polling place was located in a school.

Religious Discrimination Claimed As Florist Refuses To Deliver To Successful Establishment Clause Plaintiff

A Rhode Island federal district court's Establishment Clause decision handed down last week is spawning new legal controversy.  In Ahlquist v. City of Cranston, the court held that in installing and maintaining a prayer mural in a high school auditorium, the Cranston School Committee violated the Establishment Clause. (See prior posting.) The Freedom from Religion Foundation wanted to congratulate the plaintiff in the case, 16-year old Jessica Ahlquist. However, as an FFRF press release and a turnto10 report indicate, three Cranston florists refused to deliver flowers to Ahlquist. Ultimately FFRF had to use a Connecticut florist.  In a formal complaint (full text) filed yesterday with the Rhode Island Commission on Human Rights, FFRF alleges that one of the florists in Cranston violated Rhode Island's Public Accommodations statute by discriminating on the basis of religion in refusing to fill FFRF's order.  FFRF alleges the discrimination was a result of plaintiff's atheism and FFRF's support of her.

Nevada Church Camp Complains Wildlife Project Cut Off Baptismal Stream

A church camp in southern Nevada is making a claim for $86,000 against the U.S. Fish and Wildlife Service for damage stemming from the government's damming and rerouting streams that previously flowed through the 40-acre camp site.  A report yesterday from 8 News Now and a press release from the Nevada Policy Research Institute give the background on the claim, apparently filed administratively in anticipation of an eventual federal lawsuit.

Victor Fuentes, a Cuban refugee, started Solid Rock Christian Ministries and in 2007 bought an old ranch in Nevada's Armagosa Valley which he turned into a camp named Patch of Heaven. The church called the camp an "oasis for anyone seeking God" and used one of the two streams flowing through the camp for baptisms. However the camp site is completely surrounded by the federal Ash Meadows National Wildlife Refuge. In 2010, the federal government began rerouting streams in the Refuge. This had the effect of cutting off the streams in the camp that were used for both recreational and baptismal purposes.  In December 2010, a few weeks after the rerouting was completed, a storm raised waters over the banks of the rerouted streams and caused severe mud and water damage to the camp buildings.  While the claim appears to be for this damage, the camp's lawyers are emphasizing the loss of use of the stream for baptismal purposes, saying: "This was a river that was used to for free exercise of religion in baptism."

Air Force Office Changes Latin Motto To Refer To "Miracles" Instead of "God"

God and Country blog reported yesterday that the Military Association of Atheists and Freethinkers (MAAF) has convinced the U.S. Air Force Rapid Capabilities Office (RCO) to change the logo on its official patch which, like many, apparently contain "in-jokes."  The RCO patch featured the motto: "Opus Dei Cum Pecunia Alienum Efficemus" (Doing God’s Work with Other People’s Money).  After what MAAF describes as "several months of needling," the RCO changed its logo to now read "Miraculi Cum Pecunia Alienum Efficemus" (Doing Miracles with Other People’s Money). MAAF describes the change as "a victory, but certainly nothing to write home about."

Challenge To Nevada's Limit On Who Can Perform Marriages Moves Ahead

In Martinez v. Clark County, 2012 U.S. Dist. LEXIS 5313 (D NV, Jan. 18, 2012), a Nevada federal district court, while dismissing claims against the state attorney general, refused to dismiss claims against the county and county officials challenging the constitutionality of Nevada's statutes limiting who may perform marriage ceremonies.  Under Nevada law, in order to obtain a certificate to solemnize marriages an applicant must be affiliated with a religious organization. The court, finding plaintiffs had standing, allowed them to proceed with their claims that the statute violates the Establishment Clause, Equal Protection clause and Religious Test clause of the federal constitution, as well as the religious liberty protections of the Nevada constitution.

Indian Court Permits Individual Religious Ritual In Government Offices

According to the Times of India, the Madras high court has upheld the right of individuals to conduct Ayudha Puja or Saraswathi Puja rituals in their government offices. Petitioner, S P Muthuraman, in a public interest writ petition, had asked the court to ban all religious activities within government offices. The court held however:

Irrespective of religion, Ayudha Puja is a reverence shown by cobblers, weavers, farmers, autorickshaw drivers, rickshaw-pullers, carpenters, shopkeepers, chartered accountants, advocates, doctors etc., to objects which they use to earn their livelihood.... The form of worship or veneration to files and records at the close of the working day preceding the Ayudhua Puja or Saraswathi Puja holidays cannot be called as religious activity by the government, affecting the secular nature of the state.... In government offices, if an individual shows respect and reverence to the materials, books, files or records which are being handled by the individual, it will be referable to his individual freedom and there is nothing to show that it affects the secular nature of the state.

New B.C. Special Prosecutor Will Look At Charges Other Than Polygamy Against FLDS Members

As previously reported, last November a British Columbia trial court, in an advisory opinion, upheld most applications of Canada's anti-polygamy law, and that decision is not being appealed. (Globe and Mail, 12/21). Earlier this month, Richard Peck who in 2007 had been appointed special prosecutor in the polygamy case involving members of the FLDS church and had recommended against filing charges, said he did not want to be involved with the case any longer. (Globe and Mail, 1/9). Now according to yesterday's Globe and Mail, Vancouver lawyer Peter Wilson has been named new special prosecutor by the British Columbia Criminal Justice Branch to look into sexual offenses against minors in the FLDS town of Bountiful. However his mandate does not include looking into polygamy charges.

Church In Bankruptcy Need Not Disclose Membership List

In re Deliverance Christian Church, 2011 Bankr. LEXIS 5219 (ND OH, Dec. 1, 2011), involves the issue of how much information a church in bankruptcy must furnish to a bank that is a secured creditor of the church.  While the church agreed that the bank is entitled to financial information, at issue in the case is whether it is entitled to the church's membership list, or instead whether the church may furnish information in which contributors are identified only by numbers. The court held that membership lists are subject to heightened protection because of the chilling effect on freedom of association, membership and future giving that may result from their release. Since the bank had not shown a compelling need for actual names of members or contributors, the court ordered production in discovery of all documents relating to tithes or donations, including pledge commitment records, but the church was authorized to provide a sanitized version to protect the personal information of contributors.

Judge Questions Lawyers On Whether Lord's Prayer Is Christian

Yesterday's Wilmington (DE) News Journal reports on an interesting line of questioning raised by a Delaware federal district judge in oral arguments in Mullin v. Sussex County, Delaware.  The case is an Establishment Clause challenge to the opening of County Council meetings with the recitation of the Lord's Prayer. (See prior posting.) The U.S. Supreme Court has permitted legislative prayer where it does not proselytize or advance or disparage any one particular religion.  Sussex County argues that the Lord's Prayer is generic and does not advance a particular religious faith.  Judge Leonard Stark asked County Attorney J. Scott Shannon: "Is there any dispute that today, only Christians say the Lord's Prayer?"  Shannon replied that Jesus "was not offering a Christian prayer in the Christian tradition because no Christian tradition existed."  Shannon said that while the Lord's Prayer is commonly associated with Christianity, it came from Jesus who was a Jew. However plaintiffs' attorney Alex Luchenitser argued that "Our Father" is widely understood as a Christian way of referring to Jesus. Judge Stark said: "I'm afraid you all might have brought me a difficult case because there is no reference to Jesus or Allah" in the prayer.

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.