At Muslim Ceremony, Illinois Governor Signs Bill Giving College Students Religious Attendance Accommodation

Yesterday, at a ceremony marking the end of the Muslim holy month of Ramadan, Illinois Governor Pat Quinn signed SB 2949, the University Religious Observances Act. The Chicago Tribune reports that Quinn participated with Muslim worshipers in the Salaat al-Eid ceremony held in suburban Chicago's Toyota Field.  Some 15,000 people attended the event that was organized by a local mosque. Quinn also used the occasion to decry recent attacks against Muslims in Illinois. The law signed by Quinn provides that public and secular private colleges must give a student an excused absence and an opportunity to make up missed work or exams if the student was unable to attend class, take an exam or complete a work requirement on a particular day because of the student's religious beliefs.  The student, however, must give the affected faculty member advance notice of the absence, and the college need not provide for making up the exam, study or work assignment if it would create an unreasonable burden for the institution.

Pool Reporters Accompany Romney To Church For First Time

Yesterday for the first time a small group of pool reporters were permitted to accompany presumptive Republican Presidential nominee Mitt Romney to church services at a Mormon church in Wolfboro, New Hampshire. Mormon churches, such as the one Romney attended yesterday, are open to non-Mormon visitors; however attendance at any of the 100 Mormon temples around the world is restricted to baptized Mormons who are qualified and prepared. The New York Times reporting on yesterday's service said that Romney's campaign strategists have decided that his religious devotion and his church leadership will appeal to voters. Another account of the Romney's in church yesterday comes from Buzzfeed's pool reporter who is herself a Mormon.

New Air Force Document Promotes Free Exercise and Government Religious Neutrality

Earlier this month, the U.S. Air Force released a  new Directive on "Air Force Culture," Air Force Policy Directive 1, (Aug. 7, 2012). This brief Policy Directive was implemented by a much longer document, Air Force Instruction 1-1, (Aug. 7, 2012).  God and Country blog describes the new documents as a "parting gift to the Air Force" from newly-retired General Norton Schwartz. The documents consolidate and revise a number of other regulations, but add new content as well.  The Instruction has several sections that relate to the Air Force's attitude toward religion and religious beliefs of Air Force personnel:

1.7.4.1. Chaplain.  The Chaplain Corps provides spiritual care and the opportunity for Air Force members and their families to exercise their constitutional right to the free exercise of religion.  This is accomplished through religious observances, pastoral care, and confidential counseling, and advising leadership on spiritual, ethical, moral, morale, core values, and religious accommodation issues....

1.7.4.4. Equal Opportunity (EO). The purpose of the EO program is to enhance unit cohesion, mission readiness, and mission accomplishment by ensuring equal treatment and employment opportunity for all members. The Air Force has a zero-tolerance policy towards unlawful discrimination of any kind, including sexual harassment.... Air Force members must not unlawfully discriminate against, harass, intimidate, or threaten another person on the basis of race, color, religion, gender, national origin, age, disability, reprisal, or genetic information.....

2.11. Government Neutrality Regarding Religion. Leaders at all levels must balance constitutional protections for an individual’s free exercise of religion or other personal beliefs and the constitutional prohibition against governmental establishment of religion.  For example, they must avoid the actual or apparent use of their position to promote their personal religious beliefs to their subordinates or to extend preferential treatment for any religion.  Commanders or supervisors who engage in such behavior may cause members to doubt their impartiality and objectivity.  The potential result is a degradation of the unit’s morale, good order, and discipline.  Airmen, especially commanders and supervisors, must ensure that in exercising their right of religious free expression, they do not degrade morale, good order, and discipline in the Air Force or degrade the trust and confidence that the public has in the United States Air Force.

2.12. Free Exercise of Religion and Religious Accommodation. Supporting the right of free exercise of religion relates directly to the Air Force core values and the ability to maintain an effective team.

2.12.1. All Airmen are able to choose to practice their particular religion, or subscribe to no religious belief at all.  You should confidently practice your own beliefs while respecting others whose viewpoints differ from your own.

2.12.2. Your right to practice your religious beliefs does not excuse you from complying with directives, instructions, and lawful orders; however, you may request religious accommodation.  Requests can be  denied based on military necessity.  Commanders and supervisors at all levels are expected to ensure that requests for religious accommodation are dealt with fairly....

3.3.1. Tattoos/Brands/Body Markings.  Members may not have or obtain tattoos, brands, or other markings anywhere on the body that are: obscene; commonly associated with gangs, extremist, and/or supremacist organizations; or that advocate sexual, racial, ethnic, or religious discrimination....

(See prior related posting.)

Recent Articles of Interest

From SSRN:

• Steven Aiello, Aymenn Jawad Al-Tamimi and Ella Ran, Religion and Politics, (Women in International Security Israel Middle East Review, Vol. 2, No. 5, August 2012).
• Natalie Schoon and Julinda Nuri, Comparative Financial Systems in Judaism, Christianity and Islam: The Case of Interest, (June 1, 2012).
• M. Mohsin Alam Bhat, ‘Religion’ Versus ‘Rights’: Why We are Wrong about ‘Defamation of Religions’,(September 15, 2011).
• Lorenzo Zucca, What is the Place of Sharia Law in European Legal Systems?, (Lorenzo Zucca, A Secular Europe. Law and Religion in the European Constitutional Landscape, Oxford: OUP, 2012).
• Steven G. Calabresi and Abe Salander, Religion and the Equal Protection Clause, (Northwestern Public Law Research Paper No. 12-19, Aug. 14, 2012).
• Rene Provost and Colleen Sheppard, Dialogues on Human Rights and Legal Pluralism, (René Provost & Colleen Sheppard eds, Dialogues on Human Rights and Legal Pluralism, Springer, 2012).

From SmartCILP:

• Winfried Brugger, Separation, Equality, Nearness: Three Church-State Models, [Abstract], 25 International Journal for the Semiotics of Law 263-281 (2012).
• Kristina Benson, Shar'ia Law and the Accommodation of Difference: Explaining the Emergence and Continued Importance of British Shar'ia Councils, [Abstract], 11 UCLA Journal of Islamic & Near Eastern Law 21-35 (2011-2012).

Civil Suit Filed Against Christian Organizations In Bid To Reverse Kidnapping After Civil Union Dissolution

As previously reported, last Tuesday a federal court jury in Burlington, Vermont, found a Beachy Amish-Mennonite pastor guilty of abetting a parental kidnapping by Lisa Miller, who had been in a Vermont civil union with another woman. Miller (who declared herself a born-again Christian) sought to avoid the court-ordered child visitation rights awarded to her former partner Janet Jenkins by fleeing, ultimately to Nicaragua, where she has obtained shelter from Christian missionaries. On the same day the conviction was announced, Janet Jenkins filed a civil suit in federal district court in Vermont seeking damages and an injunction ordering return of the kidnapped child to the United States.  The suit was filed against Lisa Miller and against a number of Christian organizations and their personnel, all of whom were alleged to have been involved in some way in assisting Lisa Miller.  The complaint (full text) in Jenkins v. Miller, (D VT, filed 8/14/2012), included as defendants the convicted pastor, Christian Aid Ministries, Response Unlimited Inc., Liberty University Law School, and Thomas Road Baptist Church (whose pastor is the son of the late Jerry Falwell).  It alleges as to various defendants violations of the Racketeer Influenced and Corrupt Organizations Act, kidnapping, conspiracy to violate civil rights, and a claim under 42 USC 1986 for neglecting to prevent civil rights violations by others. According to last week's Lynchburg (VA) News & Advance, Liberty University law school dean Mathew Staver says the suit is "completely outrageous, and filled with lies and misrepresentations." [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In McKinley v. Maddox, (10th Cir., Aug. 14, 2012), the 10th Circuit reversed the district court and remanded for further proceedings an inmate's complaint that he was denied the right to attend off-site church services for a month, with no services being offered at his correctional facility.

In Sorenson v. Minnesota Department of Corrections, 2012 U.S. Dist. LEXIS 107912 (D MN, Aug. 2, 2012), a Minnesota federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 112495, June 20, 2012) and rejected free exercise, RLUIPA and 14th amendment claims by plaintiff who complained that while he was serving a state prison sentence he was not allowed to attend his father's funeral.

In Albaiaty v. Pocwierz, 2012 U.S. Dist. LEXIS 113509 (D NE, Aug. 13, 2012), a Nebraska federal district court dismissed, with leave to amend, an inmate's complaint that prison authorities would not allow him to have an English copy of the Qur'an brought to him by his family in addition to, or in exchange for, an Arabic language version he currently has.  He claimed that inmates are allowed to have several copies of the Christian Bible, but only one of the Qur'an.

In Paladino v. Newsome, 2012 U.S. Dist. LEXIS 113748 (D NJ, July 31, 2012), a New Jersey federal district court rejected an inmate's claim that his free exercise rights were infringed when he was denied the opportunity to attend religious services while in administrative segregation.

In Patterson v. West Virginia Regional Jail and Correctional Facility Authority, 2012 U.S. Dist. LEXIS 112686 (D WV, Aug. 10, 2012), a West Virginia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 112801, July 3, 2012) and dismissed generalized religious discrimination claims by an inmate, apparently involving access to Muslim or kosher meals coordinated with Ramadan fasting, access to a Qur'an and a Muslim spiritual leader.

In Streater v. Thaler, 2012 U.S. Dist. LEXIS 113448 (ED TX, Aug. 13, 2012), a Texas federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 113612, July 1, 2012) and dismissed for failure to exhaust administrative remedies the portion of an inmate's retaliation complaint that alleged he was placed in lock down for four days without privileges, and was denied the right to attend Ramadan services.

In Carter v. Unnamed Wallens Ridge State Prison Employees, 2012 U.S. Dist. LEXIS 116060 (WD VA, Aug. 16, 2012), a Virginia federal district court dismissed as moot an inmate's complaint that he had been prevented from participating in the Ramadan celebration. The court refused to continue the action so plaintiff could exhaust his administrative remedies on complaints about the quality of food during Ramadan.

In Gray v. Arpaio, 2012 U.S. Dist. LEXIS 115498 (D AZ, Aug. 16, 2012), an Arizona federal district court dismissed a Muslim inmate's complaint regarding denial of a religious diet.

Madonna And Concert Organizers Sued In Russia For Offending Believers and Cultural Traditions

The Huffington Post, Interfax, and Businessweek all report yesterday and today on a 333 million ruble ($10.4 million US) lawsuit filed in a Russian court against the U.S. pop star Madonna for offending the feelings of believers and the cultural traditions of city residents during her Aug. 9 concert in St. Petersburg.  Also named as defendants were the concert organizer PMI Corp. and the venue at which it was held, Peterburgsky Sports and Concert Complex.  At the concert, Madonna championed equal rights for gays in protest of legislation passed earlier this year by St. Peterburg banning "propaganda of sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors."  At the concert she apparently also stomped on an Orthodox cross, asking everyone in the audience wearing pink bracelets to raise their hands.  The suit was brought by members of the Trade Union of Russian Citizens and of Narodny Sobor. Plaintiffs' lawyer, Alexander Pochuyev, responding to criticism that characterized the lawsuit as medieval behavior, said that plaintiffs have used: "a civilized, modern and popular way of defending their rights - by filing a lawsuit. No one burned anyone at the stake or used the inquisition. Modern civilization requires religious tolerance and respect of other values."

EEOC Wins Settlement In Religious Accommodation Suit

The EEOC announced this week a settlement agreement in a religious discrimination lawsuit it had filed in an Indiana federal district court against Magnetics International, Inc.  The EEOC alleged that Magnetics fired Daniel Bewley who was employed as a laborer rather than offering a reasonable accommodation for his religious needs.  Before accepting the job, Bewley, a Christian, had told the company that he needed to attend church at least every other Sunday.  Subsequently however the company insisted that he work on consecutive Sundays. Under the consent decree, Magnetics will pay $30,000 in damages, will track and respond to requests for religious accommodation for the next three years, and will post a non-discrimination policy and institute employee training on non-discrimination. [Thanks to Steven H. Sholk for the lead.]

Christian School's Zoning Challenge Dismissed On Ripeness Grounds

In Tree of Life Christian Schools v. City of Upper Arlington, (SD OH, Aug. 16, 2012), an Ohio federal district court dismissed on ripeness grounds a lawsuit by a private Christian school that unsuccessfully sought a conditional use permit to operate in a commercial office building. The suit asserted RLUIPA as well as 1st and 14th Amendment and state constitutional claims. The school had been advised by the city that rezoning, rather than a conditional use permit application, would be required, but the school never initiated the rezoning process. The court concluded that the city should have the opportunity to conduct the type of in-depth review of the impact of the use of the building that would occur in a rezoning hearing. (See prior related posting.)

New Study Surveys Regulation of Religion In Denmark

In Denmark, the University of Copenhagen's Centre for European Islamic Thought this month published a 234-page study titled Danish Regulation of Religion, State of Affairs and Qualitative Reflections. The study is part of the European Union's RELIGARE project. The new report surveys four areas: (1) religion and family in Denmark; (2) religion and the labor market in Denmark; (3) religion and public space in Denmark; and (4) state support for religions in Denmark. [Thanks to Niels Valdemar Vinding via Religionlaw for the lead.]

Russian Punk Rockers Get 2 Years For Hooliganism Motivated By Religious Hatred

In Russia today, three members of the feminist Pussy Riot punk-rock band were convicted on charges of hooliganism motivated by religious hatred and each were given a 2 year prison sentence. The charges carried a maximum sentence of 7 years, and the prosecution had asked for 3 years.  The three had been arrested after they entered a nearly empty Christ the Savior Cathedral and performed an obscene "punk prayer" in protest of the Russian Orthodox Church's political support for Vladimir Putin. (See prior posting.) The trial has been widely followed around the world as a test of democracy and free expression in Russia. Describing today's Moscow court proceedings, the Washington Post said:

The judge’s recitation Friday dwelled on what sounded like an offense to the church rather than the state. She quoted at length witnesses who said they were believers deeply offended by the one-minute performance.

One witness said that the young women violated the Cathedral of Christ the Savior dress code with their short dresses and that women were expected to behave modestly in church. Another said public prayers were not permitted in the cathedral without the presence of a priest. If that wasn’t bad enough, one witness said, the performance occurred just before Lent.

UPDATE: Interfax reported (8/17) that the Russian Orthodox Church has asked the Russian authorities "to show mercy within the law towards the convicted" Pussy Riot band members. Meanwhile The Examiner (9/18) reprints an English translation of a recent Open Letter (full text in Russian) in which nearly 200 Russian lawyers and jurists argue that the band members should have been charged at  most merely with the minor offense under Art. 5.26 of the Russian Code of Administrative Offenses of Insulting Religious Feelings of Citizens.

Jury Awards $1.6 Million Damages For Hotel Owner's Actions Against Jewish Group

A jury in a California state trial court this week awarded $1.2 million in compensatory damages and over $400,000 in punitive damages to members of the Friends of Israel Defense Forces for violation of the anti-discrimination provisions of California's Unruh Civil Rights Act by a hotel at which the group was holding an event.  As reported by the New York Times and the Los Angeles Times, plaintiffs claimed that the owner of the Santa Monica Hotel Shangri-La, Tehmina Adaya (a Pakistani-born Muslim), attempted to evict the Jewish group (repeatedly using profanity), but finally allowed them to stay if they removed all signage and literature identifying the purpose of the event. A former employee sad that Adaya feared her family would cut off financing from her if they learned there was a Jewish event at the hotel. Adaya denied the charges.

Justice Department Sues Florida Prisons Over Lack of Kosher Meals For Religious Accommodation

As reported by the Huffington Post, on Tuesday the U.S. Department of Justice filed suit in federal district court against the Florida Department of Corrections claiming that its refusal to supply kosher meals (except in a small pilot program in one facility) to those who have a religious need for them violates the Religious Land Use and Institutionalized Persons Act.  The complaint (full text) in United States v. Secretary, Florida Department of Corrections, (SD FL, filed 8/14/2012), alleges that Florida's "dietary policies force prisoners with a religious basis for consuming kosher meals to violate their core religious beliefs on a daily basis." Florida prisons discontinued their prior Jewish Dietary Accommodation Program in 2007.

Saudi Government Agency Files 166 Objections, Many Religion-Based, To Proposed New gTLD's

As previously reported, in June the Internet Corporation for Assigned Names and Numbers (ICANN) published a list of who has applied for which new generic Top-Level Domain (gTLD) names.  At least 15 of the proposed new gTLD's have religious connotations.  With the deadline for general comments on the applications recently extended to September 26, already a number of objections, as well as supporting statements, have been filed for certain of the religious themed URL suffixes. Today Online reported yesterday that Saudi Arabia's Communication and Information Technology Commission has filed 166 objections.  The gTLD's that the Saudi's oppose include .catholic (because other churches use the term in their names) and .islam (because the applicant cannot represent the entire Muslim community).  The Saudi Commission states more generally:

... we believe that any and all gTLD applications for any name in relation to religion or a specific community should be presented to representative members of that community for evaluation and the view of such members should be taken into account when granting or denying the application. If this cannot be accomplished then these community and religious sensitive names/words should be restricted completely from being used as gTLD's altogether.

The Saudis have also filed objections to proposed gTLD's that are associated with items prohibited by Islamic law, such as .tattoo, .bar, .pub, .gay, .vodka.  The Saudis also oppose .bible because "with a number of religions, and groups within them, disagreeing over the provenance and content of the bible one group or individual should not be permitted to define what the bible is, or is not, on the world wide web."

An examination of the objections which have been filed with ICANN can be searched from this website.  To view all the filings by the Saudis, search by "Name" for "Abdulmjid". Searches can also be made by "String" to find comments on any of the other proposed gTLD's.  For example, an individual concerned about the Church of England has objected to the Vatican's application for the .catholic gTLD. [Correction: an earlier version incorrectly attributed this objection to the Church of England itself.]  [Thanks to Alliance Alert for the lead.]

4th Circuit Grants En Banc Review In Pregnancy Center Compelled Speech Case

On Wednesday, the U.S. 4th Circuit Court of Appeals granted en banc review in Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore. (Full text of court order.) In the case, a 3-judge panel (in a 2-1 decision) in June struck down on free speech grounds a Baltimore ordinance that requires "limited-service pregnancy centers" to post signs announcing that that they do not provide or make referrals for abortion or birth control services. (See prior posting.) The Center for Reproductive Rights issued a press release applauding the decision to rehear the case.

Disciplinary Office Seeks Suspension of Lawyer For Anti-Catholic Statements In Court Filings

As reported by the St. Paul Pioneer Press and by MinnLawyer Blog, the Minnesota Office of Lawyers Professional Responsibility on Wednesday filed with the Minnesota Supreme Court a petition seeking suspension from practice of attorney Rebekah Nett.  The petition alleges a pattern of bad faith litigation and reckless and harassing statements.  Among the statements at issue are a number of anti-Catholic slurs directed at the federal bankruptcy court judge and several federal bankruptcy trustees. This excerpt from the 26-page petition to the state Supreme Court gives a flavor of the statements involved:

Respondent's statements ... that Judge Dreher is a Catholic judge, that Judge Dreher is a black robed bigot, that the Chapter 7 trustee had engaged in lies, deceit, treachery, and connivery... , that the fact that [3 U.S. trustees and the judge] ... are of the same race and religion demonstrates their conspiracy and deceitful practices to hurt the debtor, that ... court systems... are composed of a bunch of ignoramus, bigoted Catholic beasts that carry the sword of the church ... lacked a basis in law or fact and were made with knowledge of their falsity or with reckless disregard at to their truth or falsity.

(See prior related posting.)

German Court Refuses To Ban Demonstrators' Caricatures of Muhammad

AP reports that in Germany, a Berlin administrative court yesterday rejected an emergency appeal by three mosques that are seeking to prevent the right wing "Citizens Movement - Pro Germany" from displaying caricatures of the Prophet Muhammad at a planned demonstration this weekend.  The slogan for the Berlin demonstration is "Islam does not belong in Germany - Stop Islamization." The court ruled that the caricatures are protected by free expression guaranties, and do not violate laws against slander or inciting hate or violence. [Thanks to Alliance Alert for the lead.]

Shooter At Family Research Council Was Supporter of LGBT Rights

The Washington Post report today on the 28-year old man charged with shooting and wounding a security guard at the D.C. office of the Family Research Council suggests that he was motivated by the Council's opposition to expansion of rights for gays and lesbians.  According to the FBI affidavit (full text) seeking to show probable cause to charge Floyd Lee Corkins II, the shooter told the guard, before opening fire, "I don't like your politics."  Corkins' backpack contained 15 sandwiches from Chick-fil-A, whose president recently made highly publicized statements in opposition to same-sex marriage.  Corkins' parents told investigators that Corkins has strong opinions about those he believes do not treat homosexuals in a fair manner. Corkins has been volunteering at a community center that serves LGBT clients.

1st Circuit Upholds Monastery's Copyright Infringement Claims As To Translations Of Religious Works

In Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of Denver, Colorado, (1st Cir., Aug. 2, 2012), the U.S. 1st Circuit Court of Appeals affirmed a Massachusetts district court's copyright infringement judgment in favor of  an Eastern Orthodox monastic order. (See prior posting.)  Holy Transfiguration Monastery translated a number of ancient religious texts.  Archbishop Gregory, a former member of the Monastery, left it and formed his own monastery, the Dormition Skete, in Colorado. The Archbishop also created a website on which he posted 7 of the translations that had been produced b y Holy Transfiguration Monastery. An earlier lawsuit over the postings ended with a settlement agreement. However documents remained on the Archbishop's website, and the present suit-- for breach of contract and copyright infringement followed. The Second Circuit rejected a number of defenses raised by the Archbishop-- including contentions Monastery's Works were made for hire for the Russian Orthodox Church Outside Russia (ROCOR); that they are in the public domain; that the materials are not copyrightable; a fair use defense and a claim that the dispute was a matter of religious law outside the jurisdiction of civil courts.

Particularly at issue was a provision in the Monastic Statutes for Monasteries of ROCOR calling for transfer of monastery property to ROCOR in case of closing or liquidation of a monastery. The Archbishop claimed that this provision was triggered by the Monastery's ending of its affiliation with ROCOR.  The 1st Circuit said:

A review of the record confirms that we may apply the Monastic Statutes' plain terms without treading upon religious doctrine, church governance, and ecclesiastical laws.... Neutrally applying this plain language, we conclude that the Archbishop's position as to ROCOR's ownership holds little water.

Ft. Hood Shooter's Trial Stayed While Appeals Court Considers Forced Shaving of Defendant

The United States Court of Appeals for the Armed Forces yesterday issued an order staying proceedings in the trial of mass shooter Maj. Nidal Hasan.  According to a release from the Fort Hood Public Affairs Office, the stay was imposed while the appeals court decides whether or not the presiding judge in the military trial can order Hasan, who has grown a beard for religious reasons, to be forcibly shaved. (See prior posting.) Earlier yesterday, according to the Los Angeles Times, Hasan's lawyers told the trial court that Hasan wanted to plead guilty for religious reasons to take responsibility for his actions. Military judge Col. Gregory Gross said he was not allowed to accept a guilty plea in a capital case, but that Hasan's lawyers could still enter the plea.

UPDATE: Here is the full text of the Court of Appeals order.  It calls for the military court trial judge to respond by Aug. 22. The full text of Hasan's petition to the appeals court, which includes Hasan's legal arguments in support of the petition, is also available online.  It recites in part that "Petitioner is a practicing Muslim and has recently had a premonition that his death is imminent.  He does not wish to die without a beard as he believes not having a beard is a sin." The Los Angeles Times has further coverage.