Sudan's Leader Promises 100% Islamic Constitution

Reuters reports that in Sudan today President Omar Hassan al-Bashir in a speech to Sufi Islamic leaders promised that Sudan's next constitution will be 100% Islamic.  He said in part:

We want to present a constitution that serves as a template to those around us. And our template is clear, a 100 percent Islamic constitution, without communism or secularism or Western (influences).And we tell non-Muslims, nothing will preserve your rights except for Islamic sharia because it is just.

Al-Bashir, who has been in power for 23 years and is wanted by the International Criminal Court for war crimes in Darfur, gave no date for the new constitution. Sudan's opposition parties have called for strikes and protests to topple al-Bashir's government.

Suit Challenges Community College's Speaker and Literature Distribution Rules

The Thomas More Society yesterday filed a lawsuit in federal district court in Ohio challenging the speaker access and literature distribution rules of Sinclair Community College in Dayton, Ohio. The suit was brought on behalf  of two students who are members of the college’s Traditional Values Club and the founder of two pro-life groups who is often invited to speak on campuses. The complaint (full text) in Deddens v. Warren County Montgomery County Community College District, (SD OH, filed 7/6/2012) alleges that the College’s policies place broad restrictions on the distribution of materials on campus, require advance approval of speakers with broad discretion in the college president to deny an application, and prohibit recognized student clubs from hosting more than two events per month. The school also prohibits any kinds of signs, whether by sponsors or protesters, at student events. The suit alleges that these rules and policies operate as prior restraints on speech and are overbroad regulations that have a chilling effect on speech.

Discrimination Claim By Fired Employee Who Asked Customer About Religion Is Dismissed

In Botnik v. HearingPlanet Inc., (MD YN, July 3, 2012), a Tennessee federal district court dismissed as unproven Title VII and state employment discrimination claims by a sales representative for a hearing aid company. Plaintiff, who says his national origin is Russian Israeli and his religion if Christian Jewish, was fired after his co-workers complained he was involved in an inappropriate telephone conversation with a customer. In the conversation, plaintiff asked the customer about her national origin and asked whether her husband was Jewish. Plaintiff cites the company's policy of trying to establish rapport with the customer, but the company fired him on the ground that he had asked inappropriate questions of a customer that made his co-workers uncomfortable. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.]

Feared Impact on Military Chaplains of DADT Repeal Has Not Materialized

A lengthy AP article published Wednesday concludes that despite dire warnings to the contrary, the military's elimination of the "don't ask, don't tell" policy has created no serious infringements of military chaplains' free exercise rights or rights of conscience. At most, 2 or 3 chaplains' departures from active duty were related to the policy's repeal. Even outspoken opponent of repeal, Archbishop Timothy Broglio of the Catholic Archdiocese for the Military Services, says he is unaware of any major problems that have arisen because of the repeal. "It’s more a question of what might occur in the future," he said, adding, "As time goes by, it will be a challenge, to make certain you’re not silently condoning." According to the article:

The loudest assertions that conservative chaplains face problems come from outside the active-duty ranks, notably from a coalition of retired chaplains and other religious leaders called the Chaplain Alliance for Religious Liberty. In a letter to a Republican congressman in March, the alliance contended that repeal has been implemented “with an open and palpable hostility” to chaplains and service members who disapprove of homosexuality.

[Thanks to Pew Forum for the lead.] 

Drunk Driver's Sentence Includes Study of Book of Job

The Rock HIll (SC) Herald reported yesterday that a respected state trial court judge has sentenced a woman who pleaded guilty to drunk driving to 8 years in jail, 5 years probation and substance abuse counseling. In addition Judge Michael Nettles is requiring her to read the Biblical book of Job and write a summary of it.  Defendant Cassandra Tolley's attorney says that Tolley is "thankful for the assignment" and has already started working on it. Tolley, a long-time victim of abuse who then turned to alcohol, is remorseful for the serious injuries she caused to two people in the car crash that resulted from her driving with a blood alcohol level 4 times the legal limit.

Jewish Institutions Awarded Most of the Federal Security Grants for Non-Profits

Last week, the federal Department of Homeland Security announced the final allocations for seven FY 2012 Preparedness Grant programs. One of the programs is the Nonprofit Security Grant Program that for the coming fiscal year provides $10 million for hardening targets and enhancing physical security at nonprofit organizations that are at high risk of a terrorist attack and are located in certain urban areas. The Forward reported yesterday that Jewish institutions received 97% of the 2012 grants under this program. The program has particularly benefited Jewish organizations since it was begun in 2005. (See prior related posting.) DHS Secretary Janet Napolitano has explained this, saying that there are special terrorism risks facing the Jewish community. Also the Jewish community has been particularly aware of the grant program. In an interesting choice of words,William Daroff of the Jewish Federations of North America defended the allocations saying: "This is not pork. This is Homeland Security officials making decisions based on threat levels."

Scientist Says "God Particle" Nickname For Higgs Boson Could Offend

As reported by the Washington Post, scientists in Geneva, Switzerland yesterday announced that they had found the elusive Higgs boson, a sub-atomic particle that gives mass to other particles. The particle has sometimes been referred to as the "God particle" because it is so fundamental that without it nothing could exist. Christianity Today reports on why scientists do not like the "God particle" nickname. Peter Higgs, who predicted the existence of the particle, has said:

I find it embarrassing because, though I'm not a believer myself, I think it is the kind of misuse of terminology which I think might offend some people.

Committee Of Egypt's Constitution Drafting Panel Narrows Religious Liberty Protections

In Egypt, the country's new constitution is being drafted by a 100-person Constituent Assembly representing an array of interests. (See prior posting.) Yesterday, citing the Middle East News Agency, Aswat Masriya reported that the Constituent Assembly's Rights and Freedoms Committee has agreed on wording that narrows the protection of religious freedom.  Art. 46 of the current constitution provides: "The State shall guarantee the freedom of belief and the freedom of practice of religious rites." Reportedly the new agreed-upon language is:

Religious freedom is complete and the state guarantees freedom of worship for believers in heavenly religions.

The limitation of protections to "heavenly" religions is seen as excluding Shiites and Baha’is.  Only two members of the committee objected to the new language.

State High Court Review Sought of Discrimination Finding In Refusal To Photograph Same-Sex Ceremony

A photography firm is asking the New Mexico Supreme Court to review a decision in which a state appellate court found a violation of the state's anti-discrimination law when the firm refused to provide its services to photograph a same-sex commitment ceremony. (See prior posting.) The petition for certiorari to the state's high court (full text) in Elane Photography, LLC v. Willock, (filed 6/27/2012) raises compelled speech, free exercise and state RFRA arguments. [Thanks to Neil Davis for the lead.]

Court Accepts Settlement In 10 Commandments In Schools Case

Today's Roanoke Times reports that a Virginia federal district court yesterday accepted the parties' settlement agreement and formally dismissed a lawsuit against the Giles County (VA) School Board that had been brought to challenge the schools' posting of Ten Commandment displays in the schools.  As previously reported, the Board had already agreed to replace the Ten Commandments text that was displayed at Narrows High School with a copy of a page from a history textbook captioned "Roots of Democracy." [Thanks to Scott Mange for the lead.]

Woman Excluded From Catholic Church's Masses Loses Lawsuit Challenging Actions

In Lye v. City of Lacey, 2012 U.S. Dist. LEXIS 91523 (WD WA, June 29, 2012), a Washington federal district court dismissed a suit that was brought against the Seattle Catholic archdiocese and its pastoral coordinator, as well as against the city of Lacey, Washington, by a woman who had been barred by the Church, through formal trespass warnings, from attending Mass at the largely Korean Sacred Heart parish. The Church's move came after plaintiff continued to advocate for resumption of a Mass given in Korean.  The court held that as to the Church and its officials, no 1st Amendment claims are available because they are not state actors.  It also found that plaintiff had not alleged sufficient facts to support either a conspiracy or an outrage claim. It  dismissed plaintiff's defamation claim because she failed to name as a party the priest who had allegedly made the statement. The court did partially grant plaintiff's motion to amend her pleadings, but only to add a new party as defendant in the defamation claim.

Sacred Sufi Shrines Destroyed By Islamists In Mali

In northern Mali last week, the Islamist (and Al-Qaeda allied) Ansar Dine ("Defenders of Faith") ousted the Tuareg MNLA rebels from the famed town of  Timbuktu. As reported by AFP, even though the Tuareg rebels spearheaded the takeover of northern Mali by various opposition groups last March, now the Islamists have moved to take over control. Then, over the weekend, according to the Christian Science Monitor, Ansar Dine destroyed seven historic tombs and the door to an ancient mosque in Timbuktu. These sites were already on UNESCO's heritage danger list. The tombs are sacred shrines for local Sufi Muslims, but the Islamist say that they amount to idolatry. The International Criminal Court quickly issued a statement calling the destruction a potential war crime. ABC News has more detail on the holy places that were destroyed. The Organization of Islamic Cooperation called the destruction the work of "bigoted extremist elements." An AFP report dated Wednesday says that Economic Community of West African States has 3,300 troops ready to enter Mali, but it is awaiting either a U.N. resolution authorizing their use, or a stronger unity government in Mali that can request the troops.

Israeli Committee On Law To Draft Haredi Into the Military Is Dissolved

In Israel, Prime Minister Benjamin Netanyahu yesterday disbanded the so-called Plesner Committee that was supposed to create a new law to end the exemption from the military draft for haredi (ultra-Orthodox) Jews after Israel's Supreme Court struck down the Tal law which gave yeshiva students exemptions. Haaretz reported yesterday that two of the government coalition partners withdrew from the committee last week after it would not go far enough in meeting their demands that all Israeli Arabs (who are now draft exempt) be subject to the draft. Then the haredi representative on the committee left over threats to use personal sanctions against ultra-Orthodox men who avoid military service. Netanyahu said: "Unfortunately, the committee could not reach an agreed-upon formulation and it could not form a recommendation that would garner a majority in the Knesset."

UPDATE: Jerusalem Post reports that despite the Prime Minister's dissolution of the Plesner Committee, on Wednesday (July 4) Committee chairman Yohanan Plesner at a news conference presented the committee's recommendations in his own name. The recommendations call for a complex arrangement that would result in most haredi men serving in an obligatory national service by the time they reach age 23 or else facing a significant fine.

Police Officer Sues Claiming He Was Fired Because He Converted To Islam

A former Norton, Ohio police officer filed suit in federal district court in Ohio yesterday claiming that he was fired because of his conversion to Islam. The Akron Beacon Journal reports that according to plaintiff Nicholas Matheny, Police Chief Thad Hete found out about his conversion in September 2010 when Matheny handed out wedding invitations. When Matheny returned from his honeymoon, Hete and the city's chief administrator tried to convince him to resign, threatening to place backdated warnings in his police file. When Matheny refused, he was fired.

Austria Celebrates 100th Anniversary of Its Inclusive Law on Islam

Last weekend, senior Austrian government officials and members of Austria's Islamic community attended ceremonies to mark the 100th anniversary of Austria's Law on Islam.  BBC reports that the law is seen as a model of tolerance in Europe.  The law as originally enacted provided:

The adherents of Islam shall be granted recognition as a religious community in the kingdoms and crown-lands represented in the Imperial Council in the meaning of the Constitutional Law of 21 December, 1867... The religious community of the adherents of Islam according to the Hanafite rite shall... enjoy the same legal protection as is granted to other legally recognised religious communities. The doctrines of Islam, its institutions and customs shall enjoy the same protection too, unless they are in contradiction to state law.

The law, which was later expanded to include other forms of Islam in addition to Hanafi, came into force in 1912 as an attempt to integrate Muslim Bosnian soldiers into the Habsburg Army.

Ballot Title For Minnesota Same-Sex Marriage Ban Amendment Creates Controversy

Minnesota Secretary of State Mark Ritchie announced last week that the title of the proposed state constitutional amendment banning recognition same-sex marriage (full text) that will appear on the November ballot will be "Limiting the Status of Marriage to Opposite Sex Couples."  According to the Minneapolis Star-Tribune, backers of the amendment are furious. They had wanted the ballot title to read: "Recognition of Marriage Solely Between One Man and One Woman"-- the title chosen by the state legislature. Even though the legislature prescribed a title for the ballot measure, the governor vetoed the bill containing the proposed amendment. (Veto letter.) However the veto does not prevent the measure from appearing on the ballot because the Minnesota Constitution Art. IX provides that amendments are submitted to the voters by a majority of the members of each house. However apparently the portion of the bill setting the title for the ballot measure is treated as ordinary legislation so that the veto did invalidate that section. So then under Minnesota Statutes Sec. 204D.15, the choice of a title falls to the secretary of state, who must submit it to the attorney general for approval. Backers of the amendment believe that the new title may influence voters who do not like government restrictions to vote against the measure. They are considering whether to file a lawsuit over the title. [Thanks to Alliance Alert for the lead.]

Recent Articles of Interest

From SSRN:

• Steven H. Resnicoff, Extraordinary Sources of Jewish Law: the Example of Capital Punishment,, (Steven H. Resnicoff, Chapter 8 of Understanding Jewish Law, LexisNexis, 2012).
• Rene Provost, Magic and Modernity in Tintin au Congo (1930) and the Sierra Leone Special Court, (June 25, 2012).
• Nicolai N. Petro, The Role of the Orthodox Church in a Changing Russia, (ISPI Analysis #121, Institute for the Study of International Politics, Milan, Italy, June 2012).
• David A. Grenardo, Samuel D. Davis and Thomas M. Gutting, Take One Step Forward: Federal Courts Continue to Find that Volunteers are Shielded from Retaliation Based on Protected Speech Under the First Amendment, (First Amendment Law Review, Vol. 10, No. 1, 2011).
• Lewis D. Solomon, God and Human Destiny: A Jewish Perspective, (GWU Legal Studies Research Paper No. 2012-53).
• Richard S. Myers, Same-Sex Marriage, Education, and Parental Rights, (Brigham Young University Education and Law Journal, Vol. 2011, No. 2).
• Richard S. Myers, Assessing the Legal Bases for Conscientious Objection in Healthcare, (Life and Learning XVIII: The Proceedings of the Eighteenth University Faculty for Life Conference 57-82, J. Koterski ed. 2011).
• Mehmet Asutay and Zulkifli Bin Hasan, An Analysis of the Courts’ Decisions on Islamic Finance Disputes, (ISRA International Journal of Islamic Finance, 3 (2), 41-71, 2011).
• Kimberley Brownlee and Richard Child, Can the Law Help Us to Be Moral?, (Warwick School of Law Research Paper No. 2012/17).
• Kimberley Brownlee, Conscientious Objection and Civil Disobedience, (Warwick School of Law Research Paper No. 2012/15).

Connecticut Mosque Sues Over Zoning Refusal

The Hour reports that Norwalk, Connecticut's Al-Madany Islamic Center last week filed a suit in federal district court charging that its 1st Amendment free exercise rights, its rights under RLUIPA and under Connecticut's Religious Freedom Act were violated when the Norwalk Zoning Commission rejected its plans for a new mosque and multipurpose hall. The lawsuit claims that the usual factors that lead to zoning approval were discounted in the face of strong discriminatory opposition to the zoning application.

UNESCO Places Church of Nativity On Heritage List In Move With Political Ramifications

UNESCO announced last week that the Church of the Nativity, known to Christians as the birthplace of Jesus, has been added to UNESCO's World Heritage List and also to UNESCO's "List of World Heritage in Danger" because of damage to the Church from water leaks. UNESCO's World Heritage Committee voted 13-6 with 2 abstentions in favor of the designation.  As with much in the region, the move has been viewed by many as more jockeying in the Israeli-Palestinian dispute.  As reported by Haaretz, the Church was added to UNESCO's list through an emergency procedure rather than through the regular 18-month process.The United States, UNESCO's experts committee, and the three churches that are custodians of the site all preferred use of the lengthier regular process. Palestinians see the quick action as an affirmation of Palestinian sovereignty over the site, while Israel sees it as evidence that UNESCO was acting for political rather than cultural reasons. Last year after the Palestinian Authority failed to obtain full membership status in the United Nations as a whole, UNESCO voted to admit Palestine as a full member, prompting United States cutoff of funding to UNESCO. (Background.)

Cert. Petition Filed In Defense of Marriage Act Challenge

A petition for certiorari (full text) was filed Friday in Bipartisan Legal Advisory Group of the U.S. House of Representatives v. Gill. In the case, decided by the 1st Circuit under the title Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, the appeals court held unconstitutional Section 3 of the Defense of Marriage Act that denies federal benefits to same-sex couples (and surviving same-sex spouses) lawfully married in Massachusetts and other states. (See prior posting.)  The Bipartisan Legal Advisory Group that filed the cert. petition was intervenor-appellant in the court of appeals below.  SCOTUS Blog reports on the filing of the cert. petition. [Thanks to Alliance Alert for the lead.]