Anti-Muslim Pastor Arrested On Way To Planned 9-11 Qur'an Burning

Law enforcement officials in Mulberry, Florida yesterday arrested controversial Florida pastor Terry Jones and his associate Pastor Marvin Sapp as they were driving to a park to burn 2,998 Qur'ans-- one for each victim of the 9-11 terrorist attacks. AP reports that the two men were carrying the Muslim holy books, soaked in kerosene, in a barbecue-style grill in a pickup truck. They were each charged with unlawful conveyance of fuel. In addition Sapp was charged with having no valid registration for his trailer, while Jones was charged with unlawful open carry of a firearm. (See prior related posting.)

Catholic and Evangelical Law Professors Publish Joint Statement On Theological Foundations of Civil Law

A group of 15 Evangelical and 14 Catholic law professors have just published a paper that has been 8 years in the making titled Evangelicals and Catholics Together On the Law: The Lord of Heaven and Earth. (Full text in Summer 2013 Journal of Christian Legal Thought). Heavy on theology, the 9-page joint statement begins with this explanation of purpose:

... we wish to speak from and to our respective communities about law, politics, and government. We speak from the conviction that law's place and role in society are shaped by enduring truths - truths that transcend the differences among cultures and traditions - about God, about the world, about the human person, and about what the entire human family is called by its divine creator and redeemer to be.

[Thanks to Rick Garnett for the lead.]

Suit Challenges Elementary School Graduation In Chapel With Christian Prayers

The American Humanist Association announced yesterday that it has filed a federal lawsuit against the Greenville County, South Carolina school district challenging on Establishment Clause grounds its practice of holding graduation for a Taylors, South Carolina elementary school in the chapel of North Greenville University. The University  describes itself as offering "a quality education in a biblically sound, Christ-centered environment." The complaint (full text) in American Humanist Association v. Greenville County School District, (D SC, filed 9/11/2013), claims that the graduation ceremony in the chapel also included two student-led Christian prayers that had been reviewed and approved by school staff.

Questionable Voter Campaign Aimed At New York City's Orthodox Jewish Williamsburg Residents

The Gothamist on Tuesday reported on a questionable get-out-the-vote campaign in New York City's Orthodox Jewish enclave of Williamsburg that includes a promise to enter those who vote into a raffle for $250 cash prizes and gift certificates.  Not far from polling locations, workers staff a table featuring signs mostly in Yiddish backing a favored slate of candidates. Apparently families of area yeshiva students were mailed cards entitling them to be entered in the raffle if they return the cards to these workers after they vote. Cards were also available from a van near polling stations. NY Election Law § 17-142 prohibits offering money or other valuable consideration to anyone to induce them to vote or refrain from voting. The nonprofit United Jewish Organizations denies claims that it was behind the voter campaign. [Thanks to Steven H. Sholk for the lead.]

Mormon Church Creates New Online Resources To Promote Religious Freedom

Earlier this week, the Church of Jesus Christ of Latter Day Saints announced that it has launched new online resources to help individuals understand the importance of freedom of religion. A Topic Page contains essays and videos on basic concepts, as well as links to additional resources.  A "Support Religious Freedom" Facebook page has also been created.

Relying On Hobby Lobby Case, Court Enjoins ACA Mandate's Application To 4 Contraceptive Methods

In Briscoe v. Sebelius, (D CO, Sept. 6, 2013), a Colorado federal district court granted a preliminary injunction to a for-profit corporation, two related for-profit LLCs and their evangelical Christian owner who have religious objections to contraceptive methods they believe operate as abortifacients.  The companies manage and operate senior care assisted living centers and skilled nursing facilities, and offer a self-insurance plan to their over 200 employees.  The court's preliminary injunction bars enforcing the Affordable Care Act's preventative care mandate against plaintiffs with respect to four FDA approved contraceptive methods: (1)Ella; (2) Plan B, Plan B One-Step, and Next Choice (Levonorgestrel); (3) the Copper IUD; and, (4) the IUD with Progestin. Last February, the court refused to grant a temporary restraining order in the case. (See prior posting.)  However, subsequently the 10th Circuit, en banc, decided the Hobby Lobby case, holding that corporations have free exercise rights, and that the contraceptive coverage mandate substantially burdened those rights without a compelling governmental interest. (See prior posting.) Relying on this holding, the district court here granted the relief sought. Live Action News reports on the decision.

On Anniversary of 9-11, Considering Bush 43's View of Radical Islam

Today is the 12th anniversary of the 9-11 attacks.  The events of Sept. 11, 2001 have caused some to question whether our traditional church-state and free exercise doctrines are adequate to deal with violence carried out in the name of radical Islam.  In considering that important issue, it is useful to look back at portions of the speech (full text) President George W. Bush delivered to the nation and a joint session of Congress nine days after the attacks.  Here are his conclusions:

The terrorists practice a fringe form of Islamic extremism that has been rejected by Muslim scholars and the vast majority of Muslim clerics -- a fringe movement that perverts the peaceful teachings of Islam. The terrorists' directive commands them to kill Christians and Jews, to kill all Americans, and make no distinction among military and civilians, including women and children....

I also want to speak tonight directly to Muslims throughout the world. We respect your faith. It's practiced freely by many millions of Americans, and by millions more in countries that America counts as friends. Its teachings are good and peaceful, and those who commit evil in the name of Allah blaspheme the name of Allah. (Applause.) The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself. The enemy of America is not our many Muslim friends; it is not our many Arab friends. Our enemy is a radical network of terrorists, and every government that supports them. (Applause.)...

The course of this conflict is not known, yet its outcome is certain. Freedom and fear, justice and cruelty, have always been at war, and we know that God is not neutral between them. (Applause.)

Court Rejects Challenge To "In God We Trust" On Currency

In Newdow v. United States, (SD NY, Sept. 9, 2013), a New York federal district court rejected Establishment Clause and free exercise challenges by atheists and secular humanists to the government's placing of the words "In God We Trust" on U.S. currency. The court held that "the inclusion of the motto on U.S. currency satisfies the purpose and effect tests enunciated in Lemon, and does not violate the Establishment Clause." In rejecting challenges under the free exercise clause and RFRA, the court concluded:

While Plaintiffs may be inconvenienced or offended by the appearance of the motto on currency, these burdens are a far cry from the coercion, penalty, or denial of benefits required under the "substantial burden" standard.

(See prior related posting.)

4 Bloggers Indicted In Bangladesh For Postings That Hurt Religious Sentiments

In Bangladesh on Sunday, four bloggers who had been arrested in April and subsequently released on bail were indicted under Sec. 57 of the Information and Communications Technology Act for inflammatory postings on sensitive religious issues hurting religious sentiments. These are the first defendants to be indicted under the Act since it was amended earlier this year to increase penalties to imprisonment for 7 to 14 years. BDNews 24 and Pakistan's Daily Times report on developments. The Times explains the background:

There has been vociferous debate between staunch atheists and fundamentalists in Bangladesh’s social media for years, but it took a deadly turn in February when an anti-Islam blogger was murdered.

That came amid massive rallies in the capital in which secular groups demanded the hanging of leading Islamists accused of war crimes during the 1971 war.

Religious groups have since staged nationwide demonstrations, with their demands including the prosecution – and execution – of atheist bloggers.

Ministerial Exception Defense Rejected In Suit By Transgender Catholic School Teacher

WABC News reports that a New York state trial court judge yesterday rejected a ministerial exception defense raised by St. Francis Catholic high school in Queens in a suit by a former teacher who claims to have been fired because she announced that she is transgendered.  Marla Krolikowskii, formerly known as Mark, had taught at the school for 32 years when she was fired in October 2012. The court rejected the argument that Krolikowsii is a "minister."  The school claims that Krolikowskii was fired for insubordination.

Scalia Speaks On Christianity and Capitalism

Supreme Court Justice Antonin Scalia spoke Friday at the Lanier Theological Library in Houston, Texas, discussing the relationship between Christianity and capitalism.  According to the Huffington Post, Scalia argued:

[I]n order for capitalism to work -- in order for it to produce a good and a stable society -- the traditional Christian virtues are essential.....

Speaking on the expanding governmental involvement in charity, he said:

The governmentalization of charity affects not just the donor but also the recipient. What was once asked as a favor is now demanded as an entitlement.  The transformation of charity into legal entitlement has produced donors without love and recipients without gratitude.

French Schools Will Post New Secularism Charter

France's Education Minister yesterday unveiled a new Secularism Charter designed to keep religion out of French schools. According to The Local, a poster setting out the 15-point Charter of secular, Republican principles is to be posted prominently in every school.  An example of an item in the Charter is:

Lessons are secular...No subject is a priori excluded from scientific and pedagogic questioning. No student can invoke their political or religious convictions, in order to dispute a teacher's right to address a question on the syllabus.

Muslim Woman Wins Title VII Challenge To Abercrombie's "Look Policy"

In EEOC v. Abercrombie & Fitch Stores, Inc, (ND CA, Sept. 3, 2013), a California federal district court granted partial summary judgment in a Title VII case to a Muslim woman, Umme-Hani Khan, who was terminated from her employment with Abercrombie & Fitch when she insisted on wearing her headscarf (hijab) for religious reasons.  The company insisted that Khan comply with its "Look Policy." The court rejected Abercrombie's claim that accommodation of Khan's religious beliefs would impose an undue hardship.  It also rejected Abercrombie's argument that its Look Policy was protected by the 1st Amendment's commercial speech doctrine because store associates were in effect living advertisements. CAIR issued a press release announcing the decision.

Group Urges SEC To Expand Accredited Investor Rule To Cover Same-Sex Couples

The U.S. Supreme Court's Windsor decision striking down Section 3 of the Defense of Marriage Act is rippling through unexpected corners of federal regulation.  A group of investors and entrepreneurs calling themselves StartupEquality.org last week sent a letter (full text) to the Securities and Exchange Commission urging the expansion of SEC's Regulation D that allows businesses to raise capital from wealthy investors in private placements without filing a full registration statement. SEC Rule 501 defines "accredited investors"-- those who may purchase in private placements-- as including spouses who jointly meet certain income or net worth levels.  The group's letter says that the Windsor decision should be read to automatically extend Rule 501 to same-sex married couples, and urges the SEC to expand the rule so that same-sex couples in civil unions, domestic partnership arrangements and the like who are unable to marry may also aggregate their income and assets to determine accredited investor status.

Presidential Proclamation Declared Last Weekend Days of Prayer and Remembrance For 9-11 Victims

Last Friday President Obama issued a Presidential Proclamation (full text) declaring Friday, September 6 through Sunday, September 8, 2013, as National Days of Prayer and Remembrance to remember the victims of 9-11.  The Proclamation calls on the people of the United States, and others around the world, to honor and remember the victims and their families through prayer, contemplation, memorial services, the visiting of memorials, the ringing of bells, evening candlelight remembrance vigils, and other appropriate ceremonies and activities.

Federal Lawsuit Challenges Noise From Church Bells

The Providence Journal reported last week on a pro se federal lawsuit filed by a Narragansett, Rhode Island man, John Devaney, who objects to the noise from the bells of St. Thomas More Catholic Parish directly across from his home, as well as those of an Episcopal Church nearby. Naming Attorney General Peter F. Kilmartin, Diocese of Providence Bishop Thomas J. Tobin, Archbishop Carlo Maria Vigano, apostolic nuncio to the United States, and Pope Francis as defendants, as well as the administrator of the Epsicopal church, the suit claims that the bells deny Devaney his constitutional rights and the peaceful enjoyment of his property.  Claiming that there are 700 amplified claps and gongs each week, the suit seeks to require the town to apply its noise ordinances to churches and to require the St. Thomas More to reduce the number and volume of its chimes.  The Catholic parish's bells ring for one minute 3 times a day on weekdays, twice on Saturdays and once on Sundays. The diocese claims that Devaney is harassing visitors, worshipers and staff of the parish.

Southern Baptist Convention Bars Its Military Chaplains From Participating In Same-Sex Weddings

The North American Mission Board on Aug. 29 released new Guidelines (full text) clarifying the expectations for all military and VA chaplains endorsed by the Southern Baptist Convention in light of the Supreme Court's invalidation of the Defense of Marriage Act. The new Guidelines provide in part:

All ministries regarding human sexuality will reflect the historic, natural and biblical view of marriage as God's lifelong gift of "the uniting of one man and one woman in covenant commitment for a lifetime."...

Southern Baptists believe that "all forms of  sexual immorality, including adultery, homosexuality and pornography" ... are condemned by Holy Scripture as sin.... Responsible pastoral care will seek to offer repentance and forgiveness, help and healing, and restoration through the mercy and grace of Jesus Christ;s sacrificial gift of love on the cross.

NAMB-endorsed chaplains will not conduct or attend a wedding ceremony for any same-sex couple, bless such a union or perform counseling in support of such a union, assist or support paid contractors or volunteers leading same-sex relational events, nor offer any kind of relationship training or retreat, on or off of a military installation, that would give the appearance of accepting the homosexual lifestyle or sexual wrongdoing. This biblical prohibition remains in effect irrespective of any civil law authorizing same-sex marriage or benefits to the contrary....

[NAMB-endorsed chaplains may not conduct] a service jointly with a chaplain, contractor or volunteer who personally practices a homosexual lifestyle or affirms a homosexual lifestyle or such conduct.

AP reports on the new Guidelines.

Recent Articles and Books of Interest

From SSRN:

• Cyra Akila Choudhury, Governance Feminism's Imperial Misadventure: Progress, International Law, and the Security of Afghan Women, (in 'Contestory Feminisms, Contestory Spaces: Gender and Islam in Asia' (H. A. Ghosh, ed., Syracuse University Press), Forthcoming).
• Cyra Akila Choudhury, Law, Gender and the Burden of Culture, (September 3, 2013).
• William E. Thro, Undermining Christian Legal Society v. Martinez, (Education Law Reporter, 2013, Forthcoming).
• James G. Dwyer, No Accounting for School Vouchers, (Wake Forest Law Review, Vol. 48, 2013).
• Ian C. Bartrum, Book Review: 'The Tragedy of Religious Freedom', (Journal of Church and State, Vol. 55, 2013).
• Mohamed Abdelaal, Egypt's Constitution: What Went Wrong?, (Vienna Journal on International Constitutional Law, Vol. 7, No. 2, p. 200, 2013).

From SmartCILP:

• Symposium: Law, Religion, and Lautsi v. Italy. Introduction by Malick W. Ghachem; essays by Joseph H.H. Weiler and Pierre-Henri Prelot; response by William P. Marshall. 65 Maine Law Review 755-788 (2013).

New Books:

• Matt Apuzzo & Adam Goldman, Enemies Within: Inside the NYPD's Secret Spying Unit and Bin Laden's Final Plot against America, (Touchstone, Sept. 3, 2013), reviewed by Rolling Stone.
• Thomas E. Buckley, Establishing Religious Freedom: Jefferson's Statute in Virginia, (University of Virginia Press, Dec. 2013).
• Richard Regan, The American Constitution and Religion, (Catholic University of America Press, Nov. 2013).

Cert. Petition Filed In Obamacare Case

Last Thursday, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Liberty University v. Lew.  In the case, the 4th Circuit, upheld the constitutionality of the Affordable Care Act's employer mandate and rejected free exercise, RFRA, Establishment Clause and equal protection challenges to other provisions of the Act. Liberty Counsel issued a press release announcing the filing of the petition.

German Police Raid Christian Sect; Take Children Into Foster Care

AP reports that police in southern Germany on Friday raided two locations of the so-called "Twelve Tribes", a Christian religious sect, and took 40 children for placement into foster care for fear that they are being abused. The children ranged in age from 1 to 17.  Police seized sticks allegedly used to hit the children. Sect members acknowledge that they believe in spanking children, but denied any wrongdoing.  An investigation has been opened by police into the sect that was founded by a Tennessee high school teacher in the 1970's, and which has had run-ins with authorities in the United States in the past as well.  The group has also had problems with German authorities in the past for violating laws barring homeschooling of their children. The Blaze has a longer report on the raid.