Israel High Court Lifts Injunction Against Synagogue Destruction In Gaza

Haaretz reports that on Thursday, an expanded panel of Israel's Supreme Court allowed the government to proceed with its planned demolition of synagogues in the now-evacuated Gaza Strip that have not been moved back to Israel. (See prior postings, 1, 2, 3 ). The ruling lifted an earlier temporary injunction against the demolitions. In a 4-3 decision, a majority determined that there was no legal basis for further hearings on the issue. Nevertheless, the Government delayed beginning demolitions until after Sunday's Cabinet meeting.

Sixth Circuit Upholds Prison Hair Length Rules

In Hoevenaar v. Lazaroff, the U.S. Sixth Circuit Court of Appeals yesterday rejected a prisoner's claim that rules regarding his hair length burdens his right to practice his religion in violation of the Religious Land Use and Institutionalized Persons Act. Hoevenaar is a Native American of Cherokee ancestry who wishes to maintain a “kouplock” (a two inch by two inch square section at the base of the skull where hair is grown longer than a person's other hair). This violates the grooming provisions in Ohio Admin. Code § 5120-9-25(D). Prison authorities argued that the grooming provisions prevent inmates from hiding contraband in their hair, and prevent them from quickly changing their appearance after a prison break by cutting their hair. The court reversed the trial court's ruling in favor of the Hoevenaar, saying that the trial judge failed to give proper deference to prison officials on the issue of whether banning a kouplock was the least restrictive means to promote prison safety and security. [Thanks to Stuart Buck via Religionlaw listserv for the lead.]

Selective Prosecution Claim Rejected

In Kelly v. City of New York, 2005 U.S. Dist. LEXIS 19140 (SDNY, Sept. 6, 2005), a federal trial court rejected the claim of several former employees of the New York Department of Corrections that they were suspended and recommended for termination because of their adherence to the Moorish faith. The court found overwhelming evidence that they were disciplined because of bogus tax documents they submitted and because the Department reasonably believed that they were affiliated with a dangerous non-religious group.

AF Academy General Cleared of Final Charges

Yesterday the Air Force Inspector General cleared Air Force Academy Commandant of Cadets Brig. Gen. Johnny Weida of the last charge pending against him relating to claimed proselytization of cadets. (See prior posting.) The Associated Press reports today that the last charge which has now been dropped is "using a religious communicative code to facilitate the proselytizing of non-Christian cadets." An Air Force spokesperson added, "Gen. Weida has readily acknowledged that his actions were inappropriate and has taken positive, visible corrective actions that reflect his true character."

British Catholic Leader Protests Draft Iraqi Constitution

A top Catholic Church official in Britain, Cardinal Murphy-O’Connor, the Archbishop of Westminster and the Head of the Roman Catholic Church of England and Wales, wrote a letter to the British Foreign Secretary Jack Straw last Friday complaining that the new draft Iraqi Constitution may be a real threat to religious freedom in Iraq. He cited the controversial Article 2(a) of the draft constitution that provides "no law can be passed that contradicts the undisputed rules of Islam". The Christian Post reports today that one problem is the requirement in Islamic law that conversion of Muslims to other religions be prohibited or discouraged.

Today Is Protest Day Against Sharia Courts In Canada

Today is the Second International Demonstration Against Sharia Courts In Canada, according to the campaign's website. Protest speakers are scheduled in major cities around Canada as well as in several European cities. An opinion piece in yesterday's Judeoscope reviews support for Sharia tribunals in Canadian media, but argues that if adopted, the tribunals would impose legal apartheid on Canadian Muslims and destroy the legal and social fabrics of Canada. And today's Toronto Globe & Mail carries a story on the problems that women in Canada now face on family law matters in Sharia courts.

Spokane Diocese Appeals; Others React

The Associated Press reported yesterday that, as expected, the Diocese of Spokane has appealed a bankruptcy judge's decision that churches and parochial schools were assets of the Diocese that can be sold off in the Diocese's bankruptcy proceedings. (See prior posting.) The bankruptcy filing was necessitated by claims against the Diocese for clergy sexual abuse. The National Catholic Reporter this week in an editorial titled Bankruptcy: The Gamble That Backfired criticized the Diocese of Spokane and the Archdiocese of Portland for filing for bankruptcy. Meanwhile, Catholics in Tuscon, Arizona are considering separately incorporating Arizona parishes to shield their assets from being sold off for debts of the Diocese after the Diocese filed for bankruptcy and settled with clergy sexual abuse victims.

Utah State Education Board Rejects Intelligent Design In Science Curriculum

The Wall of Separation Blog yesterday reported that last week, Utah's State Board of Education, with the support of the state's governor, voted unanimously to keep evolution in the biology curriculum. Their action was taken despite pressure from the Religious Right to include Intelligent Design in science classes. A Utah state senator, Chris Buttars has been a strong backer of Intelligent Design, saying that the theory of evolution "has more holes than a crocheted bathtub". Buttars said that he would introduce a Academic Freedom Act" next year to force public schools to teach Intelligent Design.

Rastafarian Prisoners Punished For Grooming Rule Violations

The Richmond, Virginia Times Dispatch reports this morning that at least eleven Rastafarian prisoners in Virginia prisons have been held in segregation since 1999 for refusing to comply with prison grooming policies. In segregation, prisoners spend 24 hours in their cells, eating their meals there as well. For religious reasons, the Rastafarians refuse to cut their hair or shave their beards. Prison officials say the policy was put in place to help identify prisoners who could otherwise change their appearance from their original mug shots. Advocates for the prisoners seek a religious exemption from the grooming rules.

Residents of Faith-Based Treatment Facilities Retain Food Stamp Eligibility

The U.S. Department of Agriculture announced yesterday that Agriculture Secretary Mike Johanns and Health and Human Services Secretary Mike Leavitt have issued a joint letter to governors clarifying the policies on access to food stamps for individuals living in faith-based and community drug and alcohol treatment centers. The August 26 letter made it clear that that a faith-based or community treatment facility does not need to be licensed by the state in order for its residents to qualify for food stamps. So long as a facility is recognized by a State's Title XIX agency as one that furthers drug or alcohol rehabilitation, the residents of the facility retain their food stamp eligibility and the facility itself qualifies as an authorized food stamp retailer. Secretary Leavitt said, "We have informed all governors that there should be no barriers to Food Stamp participation for successful and proven recovery models such as those often used by faith-based and community treatment centers."

Another Decision On Gaza Synagogues By Israel's High Court

As reported in a previous posting, on Sunday an expanded panel of Israel's Supreme Court conducted a hearing on the legitimacy of the government's plans to destroy most of the synagogues in the Gaza Strip now that Israel has disengaged from the area. Arutz Sheva reported that on Tuesday, the Court's seven judge panel issued a unanimous interim decision. According to an AP report on the decision, the Court called on Prime Minister Ariel Sharon to "issue official requests to different authorities (the Palestinian Authority, the secretary of the United Nations and the president of the United States) in order to ensure that with the transfer of all of Gaza to Palestinian control, the synagogues will be preserved and not demolished."

Reacting to the ruling, the Palestinian Authority Cabinet demanded that Israel demolish or move the synagogues, according to a report today by the Palestine Media Center. Palestinian leaders argue that they will be subject to firece criticism if they destroy the synagogues, but if they do not, the buildings are likely to become a rallying point for radical groups.

Scientology-Based Drug Program Dropped From California Schools

[CORRECTED] Here is a story from earlier this year which has surfaced again. In February of this year, California state school superintendent Jack O'Connell urged all California schools to drop the Narconon Drug Prevention & Education, a free program with ties to the Church of Scientology. A report posted Tuesday by Pressbox.co.uk from the February 23, 2005 San Francisco Chronicle says that a review of the program revealed that it contained inaccurate and unscientific information based on beliefs of the Church of Scientology. San Francisco and Los Angeles schools earlier dropped the program. The state's report on the Narconon program is available online.

University of Minn. Ends Faith-Health Course After Being Sued

BBS News reported yesterday that the University of Minnesota, after being sued by the Freedom From Religion Foundation, has agreed that it will not offer a planned "faith/health leadership" course. The University had already announced that it was withdrawing from the Minnesota Faith Health Consortium. In its full complaint, FFRF alleged that the University's program which integrated medicine and theology violated the Establishment Clause of the US Constitution and the "no-preference" provision of Minnesota Constitution Art. I, Sec. 16. FFRF argued that tax-supported religious indoctrination is an integral component of the program, and that it includes explicitly religious content designed to be integrated into public health delivery models.

Religious Group Challenges Ohio Library's Meeting Room Use Rule

Fresh from a victory in Colorado in which it obtained agreement of a public library to change its rules, Liberty Counsel announced last week that it is now suing a northeast Ohio public library to challenge its policy on the use of its Community Room. The library makes the room available to non-profit organizations, but requires that if a program a group presents deals with a "controversial subject", then the group must present "all sides of the issue". Liberty Counsel applied to use the room for a meeting that would present the Biblical view of traditional marriage. The meeting was to include prayer and the reading of scripture. Permission to use the room was denied because other sides of the issue were not being presented. Liberty Counsel claims that government cannot require citizens to violate their conscience by promoting other views in order to express their own.

Uzbekistan Controls Religious Literature

On Tuesday, Forum 18 reported that a court in the Tashkent region of Uzbekistan has ordered the destruction of 600 Uzbek-language Christian leaflets for children. Other books, including New Testaments, seized from four Baptists in July were ordered to be handed over to the government's Religious Affairs Committee. The 4 individuals were found guilty of illegally importing the books and were each fined $35(US). However a senior religious affairs official explained the problem as follows: "According to Uzbek law, religious literature brought into the country has to undergo preliminary analysis at our committee. There is no problem with the Bible or New Testament. The Baptists should ask us 10 days before they intend to import the books and we would no doubt give them permission to go ahead with the shipment. As far as the other religious literature goes, then we do need to check it. If we judge that it contains no call to inter-ethnic or inter-faith conflict or proselytising ideas, then we will allow its import into the country."

Fifth Circuit Finds China's Actions Are Not Religious Persecution

The Sept. 6 issue of Christianity Today carries a story about the U.S. Fifth Circuit Court of Appeals opinion (Aug.9, 2005) in Li v. Gonzales. The Court of Appeals upheld a decision of the Board of Immigration Appeals which refused to permit a Chinese Christian who claimed religious persecution to remain in the United States. At issue were the provision of 8 USC Section 1253(h), which are now found in 8 USC Sec. 1231(b)(3). They permit withholding of an alien's removal from the country if the alien would be persecuted at home on account of his or her religion. Li had been prosecuted in China for holding an illegal religious gathering and conducting an underground church. The court found that Li had been punished at home for violating China's law on unregistered churches and not because of his religion. It said:

The evidence suggests that the Chinese government condones, or rather tolerates, the Christian faith and seeks to punish only the unregistered aspect of Li’s activities. There is therefore reasonable, substantial, and probative evidence to support the BIA’s decision that Li’s punishment was for his activities and not for his religion.... Clearly, we are faced with a complicated issue in this case. The issue in this case is perplexing not only because it involves affairs of a foreign state that are contrary to our fundamental ideals but also because the line between religious belief and religious activity here is indeed a fine one and it is colored by sensitive political and religious concerns. However, while we may abhor China’s practice of restricting its citizens from gathering in a private home to read the gospel and sing hymns, and abusing offenders, like Li, who commit such acts, that is a moral judgment not a legal one.

[Thanks to Brad M. Pardee via Religionlaw listserv for the lead.]

License Suspension In Child Support Case Opposed on Free Exercise Grounds

Today the Vermont Supreme Court will hear arguments in a religious freedom case, according to yesterday's Boston Globe. The Vermont Office of Child Support, acting under a court order, proceeded to suspend the driver's license of former Vermonter Joyce Stanzione who has not paid child support since she separated from her husband in 1991. Stanzione is a member of the Florida Twelve Tribes Messianic Community whose rules prohibit her from having an income. Her attorney says that Ms. Stanzione uses her car every day in church work she performs around the community. Stanzione argues that suspending her license because she has no income violates her First Amendment Free Exercise of Religion rights.

Australian Islamic Party Wants Sharia For All Aussies

The Australian reports today that the Best Party of Allah has become the first Islamic political party to apply for registration in the Australian Capital Territory. Kurt Kennedy, the leader of the party who is a Vietnamese born Muslim convert says that all Australians should be living under Islamic law as set out in the Quran. Non-Muslims are welcome to join the party which presently has less than 200 members.

Positions of Jewish Groups On Roberts

American Jewish organizations across the spectrum have sent letters and met with members of the Senate Judiciary Committee as the hearings on the nomination of John Roberts to the Supreme Court approaches. The groups do not all agree among themselves on whether Roberts nomination should be supported or opposed. Yesterday's Jerusalem Post outlined the positions of six major organizations.

Commercial Tenant Claims Haunted Building Violates His Religious Principles

An Orlando, Florida trial court faces an unusual defense in what began as a typical commercial landlord-tenant dispute for back rent and damages for breach of a restaurant's lease. Friday's Orlando Business Journal reports in detail on the litigation. The restaurant is in the heart of Orlando's historic district and the defendant claims that the historic building is haunted. Christopher Chung has refused to move his sushi restaurant into the building because his religious beliefs require him to avoid encountering or having any association with spirits or demons.

In a classic demonstration of alternative defenses, the owner of the building denies there are ghosts in the building, and argues that even if there are ghosts, they do not interfere with the use of the property. In another defense, the owner says it offered to conduct an exorcism to free the property from the ghosts. Finally, the owner argues that the lessor is a corporation, and corporations do not have religious beliefs.