9th Circuit: Inmates State Plausible Establishment Clause Objection To Refusal To Hire Wiccan Chaplain

In Hartmann v. California Department of Corrections and Rehabilitation, (9th Cir.,  Feb. 19, 2013), the U.S. 9th Circuit Court of Appeals held that Wiccan inmates had plead sufficient facts to move forward with plausible state and federal Establishment Clause objections to the California prison system's refusal to hire a Wiccan chaplain. California prisons employ Catholic, Jewish, Muslim, Native American, and Protestant chaplains. Prisoners of other faiths must rely on these chaplains, or on volunteer chaplains. Plaintiffs claim that the state does not apply "neutral, equitable, and unbiased criteria" to determine chaplain hiring needs or other religious accommodations, and assert that the state's chaplain-hiring policy "constitutes an unconstitutional endorsement of one religion over another." The court affirmed the dismissal of plaintiffs' free exercise, RLUIPA and equal protection claims. AP reports on the decision.

Amish Convicted In Assaults On Rivals Appeal Convictions

Yesterday AP reported that all 16 of the members of the Bergholz Amish sect who were convicted last September in a series of beard- and hair-cutting assaults on a rival Amish group have appealed their federal hate-crimes and conspiracy convictions to the U.S. 6th Circuit Court of Appeals. Earlier this month, the group's leader Samuel Mullet received a 15 year sentence, while other defendants received sentences ranging from 7 years to just over one year.

Egypt's High Administrative Court OK's Police Wearing Beards

According to Middle East Online, Egypt's High Administrative Court on Wednesday ruled that members of Egypt's police force may grow beards. Under now-ousted President Hosni Mubarak, as a method of opposing Islamist forces informal rules barred police and senior government officials from wearing beards.   Christians and the liberal opposition to the Muslim Brotherhood may see this week's Court's ruling as an invitation to Islamists to further press their practices on Egyptian society.

Couple Denied Utilities May Pursue Religious Discrimination Claim Against FLDS Town

In Cooke v. Town of Colorado City, Arizona, (D AZ, Feb. 13, 2013), an Arizona federal district court, while dismissing some of plaintiffs' causes of action, permitted them to move ahead with their claims that Colorado City, Arizona and two utility companies discriminated against them on the basis of religion. Plaintiffs, husband and wife, allege they were denied utility connections for their home because they are not members of the locally dominant Fundamentalist Church of Jesus Christ of Latter Day Saints. The husband was a former FLDS member.  The court held that plaintiffs may move ahead with their claims under the Federal and Arizona Fair Housing Acts and Arizona anti-discrimination laws. KUTV News reports on the decision.

Split 5th Circuit Denies En Banc Review In Prisoner Kosher Food Case

By a vote of 8-7, the U.S. 5th Circuit Court of Appeals in Moussazadeh v.Texas Department of Criminal Justice, (5th Cir., Feb. 20, 2013), denied en banc review to the Texas prison system which had refused to fully accommodate a Jewish prisoner's request for kosher food.  A 3-judge panel, in a 2-1 decision, held that charging plaintiff for his kosher food, while it was available at a different facility without cost to prisoners, imposes a substantial burden on religious exercise. The panel remanded plaintiff's RLUIPA claim for determination as to compelling interest and least restrictive means. (See prior posting.) Judge Jolly wrote a dissent to the denial of en banc review, warning that "we should not be blind to the misuse of RLUIPA in the prison setting." He explained:

this appeal involves the Texas Department of Criminal Justice’s (“TDCJ”) efforts to accommodate the religious practice of keeping kosher of roughly 900 Jewish prisoners among an inmate population greater than 140,000; TDCJ’s establishment of a “Jewish prison unit” with a kosher kitchen; a single Jewish prisoner, Moussazadeh, whose demands were thus accommodated, even though they were not required to be by any court decision; major disciplinary infractions – committed by Moussazadeh – that required his transfer to a more secure prison that did not have a kosher kitchen but nonetheless offered vegetarian and non-pork options and where pre-packaged kosher food in the more secure prison’s commissary was available for purchase; and, finally, the demands of Moussazadeh to be served kosher food, necessarily prepared by a kosher kitchen at the secured facility, even when he later had the option of being transferred back to the Jewish prison....

[Thanks to Howard Bashman for the lead.] 

Lumbees Not Included In DOJ's Non-Prosecution Policy On Eagle Feathers

As previously reported, last October the Justice Department formalized a non-prosecution policy that allows members of federally recognized Indian tribes to possess and use eagle and other protected bird feathers for religious and cultural purposes. Earlier this week, McClatchy Newspapers reported on the problems that still remain for the Lumbee Indians of North Carolina who are not a federally recognized tribe. Their possession of eagle feathers remains illegal, as does that by other unrecognized tribes.  The Lumbees have tried unsuccessfully over the years to obtain federal recognition

Report Says Islamic Finance Taxed Unfairly In MENA Region

The Qatar Financial Centre Authority last week released Phase One of a report on disparate tax treatment of Islamic financial products in the Middle East and North Africa.  The 83-page report on Cross Border Taxation of Islamic Finance in the MENA Region finds:

Islamic finance is of growing importance within the MENA region, but the taxation systems of almost all countries were developed in an environment of conventional finance. This can mean that Islamic finance suffers a tax burden that is not suffered by conventional finance.

The reason is that most transactions that are undertaken in Islamic finance seek to achieve economic outcomes which are similar to the economic outcomes achieved by conventional finance. However to achieve these economic outcomes the Islamic finance transactions typically require more component steps than do the equivalent conventional financial transactions....

The additional transactions required by Islamic finance are at risk of being subject to transfer taxes or to taxes on income or gains.... The researchers considered two alternative approaches to the modification of tax law to facilitate Islamic finance....

Lawsuit Challenges California School District's Yoga Offerings As Government Support of Religion

The National Center for Law and Policy announced yesterday that it has filed a lawsuit in state court in California challenging the Encinitas Union School District's decision to offer a yoga program as part of its curriculum.  According to the press release:

The lawsuit is the result of EUSD’s decision to accept $533,000 from the Jois Foundation in exchange for providing the religiously-based organization access to its young and impressible students to test and prove the feasibility of Jois’ "health and wellness" Ashtanga yoga curriculum.... EUSD’s Ashtanga yoga program is inherently and pervasively religious, having its roots firmly planted in Hindu, Buddhist, Taoist, and Western Metaphysical religious beliefs and practices.  As such, the program violates California constitutional provisions prohibiting government religious preference and religious discrimination (article I, § 4), prohibiting use of state resources to support religion (article XVI, § 5), and forbidding employing government resources to promote religion in public schools (article IX, § 8).

The allegations in the complaint were supported by a declaration (full text) from Candy Gunther Brown, an associate professor of religious studies at Indiana University. AP reports on the lawsuit.

Spain Agrees That Children Adopted From Morocco Will Remain Muslim

The Gatestone Institute reported yesterday that the government of Spain has agreed with the government of Morocco that Moroccan children adopted by Spanish families will be required remain culturally and religiously Muslim.  The Spanish government will create a "control mechanism" that will allow Moroccan religious authorities to monitor the children until they reach the age of 18 to see that they have not converted to Christianity. Spain agreed to these conditions so that Spanish families who are in the process of adopting Moroccan children can bring them to Spain.

Morocco has a high rate of child abandonment, and Spain has been an important source of adoptive parents for Moroccan chiidren.  As explained in a Morocco News Board report last year, in Islamic law raising a child that is not one's genetic offspring is encouraged, but the young person does not become the true child of the adoptive parents. Instead, in an arrangement known as kafala the child is monitored to assure that he or she is raised as a Muslim.  Because monitoring of children abroad is difficult, last year Morocco's Ministry of Justice and Freedoms issued Circular No. 40 S/2 providing that kafala would be allowed only for parents who reside permanently in Morocco. Spain's new arrangement allows Spanish parents to avoid the restrictions in Circular 40 S/2. [Thanks to Louis Offen for the lead.]

Parent's Claim In School "Candy Cane" Dispute Dismissed On Qualified Immunity Grounds

Last month, a Texas federal district court issued yet another decision in the 7-year long litigation challenging the Plano school district over school rules that, among other things, precluded a student from handing out candy canes with an attached religious message.  The most recent decision involved a complaint by one of the parents who was denied permission to hand out a card describing the religious legend of the candy cane to other parents at his son's school Winter Break party.  In Morgan v. Plano Independent School District, (ED TX, Jan. 15, 2013), the court adopted a magistrate's recommendation (Sept. 25, 2012) and, based on an earlier 5th Circuit decision, dismissed the complaint on qualified immunity grounds. Courthouse News Service yesterday reported on the decision.

In Sri Lanka, Radical Buddhist Party Stirs Up Anti-Muslim Sentiment

In Sri Lanka, a Buddhist country with a 10% Muslim minority, the radical Buddhist party, Bodu Bala Sena (Buddhist Strength Force), is stirring up anti-Muslim sentiment. It is calling on the government to ban halal food certification, ban the building of mosques with funds from Middle Eastern countries, and prohibit sending Sri Lankan women to work in the Middle East. Yesterday's Khaleej Times reports that thousands attended an anti-Muslim rally last Sunday. Bodu Bala Sena Secretary Galaboda Aththe Gnanasara Thero, claiming that Muslim extremists are threatening the Buddhist race, said: "Hundreds of monks are ready to fight....Our country is a Sinhalese one and we are its unofficial police." He also called for an amendment to the constitution to allow Buddhist men to have seven wives.

Virginia Legislature Protects Mission of College Religious Groups

Last week the Virginia state legislature gave final approval to HB 1617 which provides:

To the extent allowed by state and federal law:

1. A religious or political student organization may determine that ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines, and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct such activities; and

2. No public institution of higher education that has granted recognition of and access to any student organization or group shall discriminate against any such student organization or group that exercises its rights pursuant to subdivision 1.

The bill has been sent to Gov. Bob McDonnell for his signature.  In an editorial yesterday, the Virginia Pilot called for the governor to veto the bill, saying: "The real reason for the bill is to allow certain religious or political groups to reject gay or lesbian students with the commonwealth's blessing."

Kazakhstan Elects New Grand Mufti

Tengri News yesterday reported that a new Grand Mufti of Kazakhstan has been elected unanimously by the participants of the 7th Kurultai of Kazakhstan Muslims.  The new Grand Mufti is 40-year old Yerzhan Mayamerov.  Since 2011 he has served as imam of the Semei region. Two new first deputies to the Grand Mufti were also appointed.

Canadian Prime Minister Announces Opening of Office of Religious Freedom

Northumberland View reports that Canadian Prime Minister Stephen Harper yesterday announced the creation of the Office of Religious Freedom within the Department of Foreign Affairs and International Trade. According to the ORF website: "the Office has been created to promote freedom of religion or belief as a Canadian foreign policy priority." Harper also announced the appointment of Dr. Andrew Bennett as Ambassador to the Office. (See prior related posting.)

4 Christians Arrested In Libya For Proselytizing

Both The Guardian and RT report that In Libya last week, four foreign nationals were arrested in Benghazi and charged with distributing Christian literature. Under a Gaddafi-era law, proselytizing potentially carries a death sentence.  The four--a Swedish-American, Egyptian, South African and South Korean-- were taken into custody at a publishing house where police found 45,000 pamphlets and said another 25,000 had already been distributed. The four  have been handed over to Libya's Preventive Security. Libya this week is celebrating the second anniversary of the overthrow of Muammar Gaddafi.

Egypt Picks New Grand Mufti, Elected By Al-Azhar For First Time

According to Ahram Online, in Egypt, yesterday President Mohamed Morsi officially approved Shawki Ibrahim Abdel-Karim as the country's new Grand Mufti. Morsi's approval comes after the Senior Scholars Authority of Al-Azhar voted to elect Abdel-Karim. This is the first time Al-Azhar has been given this kind of input into the selection of a Grand Mufti, presumably reflecting the enhanced powers given to the Sunni religious institution in Egypt's new Constitution. (See prior posting.) In the past, the Grand Mufti was merely appointed by the President. The new Grand Mufti, whose term begins March 4, is an expert on Islamic Jurisprudence. Among his writings is a book on the political rights of Muslim women.

Britain's Equality Commission Issues New Guidance On Workplace Religious Accommodation

Britain's Equality and Human Right Commission this month issued two publications designed to give guidance on accommodating religion and belief in the workplace, in light of last month's judgments on the issue handed down by the European Court of Human Rights. (See prior posting.)  One pamphlet, Religion or Belief in the Workplace: A Guide for Employers Following Recent European Court of Human Rights Judgments, answers common questions and sets out examples for employers.  A second pamphlet, titled Religion or Belief in the Workplace: An Explanation of Recent European Court of Human Rights Judgments, summarizes last month's decisions and their impact, saying:

The new judgment means that the courts cannot simply dismiss a case because of the possibility of changing jobs to other employment that allows the religious observance. Instead, this possibility should be a relevant factor, to be weighed amongst others, when considering whether or not the restriction is proportionate.

New Ten Commandments Party Formed In Russia

Interfax reports that a new Ten Commandments party has been formed in Russia. 134 delegates-- including Christians, Muslims and Jews-- attended the party's inaugural Congress on Feb. 17.  Archpriest Vsevolod Chaplin, speaking at the Congress, said in part:

I hope that your activity will help to restore moral values, God's Ten Commandments in the everyday political life, in the life of our society. I hope that you will stay faithful to these God's Commandments, that you'll be able to unite a considerable number of people.

Court Denies TRO To Stop Church's Amplified Music

According to the Durham News & Observer, a Durham, North Carolina state trial court yesterday, finding no likelihood of success on the merits, denied a temporary restraining order against amplified music played at a popular local church.  Neighbors of Newhope Church, one of the country's fastest growing congregations, claimed the music amounts to nuisance and trespass, that it harms their property values, as well as their ability to relax and find peace in their own homes. The church argued that the music complies with the city's noise ordinance, and that any attempt to regulate it would violate its 1st Amendment rights.

White House Announces 2013 Easter Egg Roll

Last Friday, the White House announced the 2013 White House Easter Egg Roll. It will take place on Monday, April 1, on the South Lawn of the White House.  Tickets will be distributed through a on-line lottery system that is open for entries from Feb. 21 to 25.