Dispute Over Possible Israeli Supreme Court Nominee

It is not only in the United States that a potential Supreme Court nominee's writings on law and religion can lead to trouble. In Israel, Haaretz today reports that Israeli Supreme Court President Aharon Barak announced his opposition to the appointment of Prof. Ruth Gavison to the Supreme Court because "she comes to the Supreme [Court] with an agenda." Gavison has been critical of Barak's judicial activism on the Court. Gavison is known for her work on Israeli public disagreements, and particularly for the Gavison-Medan Covenant which makes recommendations on religion-state questions. Gavison worked on the agreement, along with Rabbi Yaakov Medan, for three years. Gavison's critics dislike the fact that she compromised with religious Jews on some issues. For example, she agreed that religious divorce, based on strict Jewish religious law, should be mandated so as not to increase the number of mamzerim (bastards, as determined by religious law). In Israel, justices are appointed by the President of Israel upon the nomination of "the Judges' Nominations Committee".

ACLU Challenges Sales Tax Exemption For Bibles

A retired Atlanta librarian and a book store owner, represented by the ACLU of Georgia, are challenging the constitutionality of a Georgia statute (OCGA 48-8-3(16)) that grants a sales and use tax exemption to purchases of "Holy Bibles, testaments, and similar books commonly recognized as being Holy Scripture." Their lawsuit, filed Monday in U.S. District Court in Atlanta, argues that the Constituion's Establishment Clause requires that the exemption to be extended to other philosophical, religious and spiritual works as well. They argue that the current law has "the primary effect of endorsing religion in general and Judaism and Christianity in particular". The Atlanta Journal Constitution, reporting on the case, says that the State Revenue Commisssion has agreed that the exemption extends to purchases of the Quran, but has not had inquiries about other texts such as The Bhagavad Gita.

Massachusetts Senate Calls For Financial Filings By Churches

The Associated Press reports that last Wednesday the Massachusetts State Senate approved a bill requiring churches and other religious organizations to disclose their finances in filings with the state just as other nonprofit groups are now required to do. (See prior posting.) Religious groups, particularly the Catholic Church, oppose the measure as too costly and as violating the principle of separation of church and state. A spokesman for the Archdiocese of Boston claims it will cost the Church $3 million to comply with the auditing and filing requirements. The bill still needs the approval of the state's House of Representatives.

UPDATE: The Nov. 16 Boston Globe reported that the bill has run into opposition in the House after smaller religious groups said they feared becoming "collateral damage" in the Catholic church's clergy sexual abuse scandal. The vote on the bill , originally scheduled for Wednesday (the last scheduled day of formal debate for the year) was put off.

Saudi Teacher Sentenced To Jail and Lashes For Comments About Religion

Today's Arab News reports that a Saudi high school teacher accused of mocking religion was sentenced on Saturday to three years in prison and 750 lashes — 50 lashes per week for 15 weeks. The lashes are to be administered in the public market in the town of Al-Bikeriya in Al-Qassim. The chemistry teacher, Muhammad Al-Harbi, was sued by a number of 12th-grade students who had recently failed their monthly chemistry test and by some teachers who claimed Al-Harbi favored Jews and Christians, prevented students from performing ablutions, and studied witchcraft.

Al-Harbi's strong comments against terrorism have upset a number of fundamentalist Islamic studies teachers who often encouraged students to disobey Al-Harbi. Abdul Rahman Al-Lahem, Al-Harbi’s lawyer, said that the sentence was illegal because “Any case that has to do with sacrilege must be heard in a special religious court and not in a regular one.” He also said that the judge did not give Al-Harbi the right to interrogate the witnesses, and refused to recognize Al-Lahem as his lawyer. An appeal will be filed.

Hearings Held On Workplace Religious Freedom Act

The Boston Globe reported yesterday that the proposed Workplace Religious Freedom Act (H.R. 1445) that has been languishing for many years in Congress is now gaining some momentum. The bill would amend the 1964 Civil Rights Act by requiring employers to make an affirmative and bona fide effort to accommodate the religious practices of employees, unless doing so would create an undue hardship. The House Education and Workforce Committee held hearings on the bill last week. The full text of the testimony presented is available online. The bill has support from both conservatives and many liberals. However abortion rights and gay rights groups are now pressuring Democrats to oppose the bill.

Opponents fear that the bill would allow nurses and pharmacists to refuse on religious grounds to refuse to assist with abortion procedures or fill birth control prescriptions. However the bill excludes from its coverage accommodation for religious beliefs that prevent employees from fulfilling the ''essential functions'' of their jobs. Other opponents fear that the bill will protect harassment of gay colleagues by conservative Christians who oppose homosexuality on religious grounds, though the law does not appear to override any existing prohibitions on such conduct.

Army Chaplain Writes Of Soldiers' Religious Choices

An interesting Op Ed by Army Chaplain James Key was published over the week end in USA Today. Key is chaplain for the 530th Logistics Task Force Battalion stationed in Baghdad. He says in part:

U.S. soldiers' attendance at Bible study and chapel service is high, and religious material such as pamphlets, holy books and other religious paraphernalia disappear shortly after being placed on book shelves. In short, a significant number of soldiers are experiencing incredible spiritual growth. But — here's what's important — it is what they are choosing. Others are turning away. It is vital that they should be free to do that. The only real faith is a chosen faith. I and other chaplains are sensitive to that. We aim to make faith available but not mandatory. The U.S. military, more broadly, sometimes struggles to keep that distinction.

Swedish Jews, Muslims Issue Joint Statement On Animal Slaughter

Today's European Jewish Press reports on an unusual cooperative effort by the Jewish and Muslim communities of Sweden. Sweden is the only EU country in which the slaughter of animals according to the rules of kashrut and halal is legally prohibited as inhumane. Jews and Muslims argue that this restriction violates the protection of religious freedom found in the European Convention on Human Rights. On September 30, the Central Council for Jews in Sweden and the Muslim Council of Sweden issued a public joint statement advocating "after-cut stunning", a method of slaughter that would satisfy Jewish, and at least some Muslim, groups and would deal with the public's concerns with animal welfare. A report last April from the Swedish government's Animal Welfare Agency did not discuss this alternative.

New Church-State Publications

From Penguin Group, John Gibson of Fox News has just published The War On Christmas: How the Liberal Plat to Ban the Sacred Christian Holiday Is Worse Than You Thought. [Thanks to Jesus Politics blog for the information.]

New on SSRN:
Eduardo M. Penalver, Visiting Associate Professor of Law at Yale Law School, has posted Treating Religion as Speech: The Religion Clause Jurisprudence of Justice Stevens .

Kristi L. Bowman, Assistant Professor of Law at Drake Law School, has posted Seeing Government Purpose Through the Objective Observer's Eyes: The Evolution-Intelligent Design Debates. The article will appear in Vol. 29 of the Harvard Journal of Law and Public Policy.

Adam Samaha, Assistant Professor of Law at the University of Chicago Law School has posted Endorsement Retires: From Religious Symbols to Anti-Sorting Principles.

Michigan Appeals Court Upholds Housing Complex Rezoning Under RLUIPA

The Jackson, Michigan Citizen Patriot reported yesterday that the Michigan Court of Appeals has affirmed a lower court's holding that clears the way for the Greater Bible Way Temple to build a 32-unit complex for the elderly and disabled in Jackson. The court found that the Religious Land Use and Institutionalized Persons Act requires the city to approve the church's zoning request.

UPDATE: The opinion in Greater Bible Way Temple of Jackson v. City of Jackson is available at 2005 Mich. App. LEXIS 2788 (Nov. 10, 2005). The court's opinion also upheld the constitutionality of the religious land use provisions of RLUIPA.

Christian Group Assigns Ministers To Train Air Force Cadets To Proselytize

The Washington Post reported today that The Navigators, a Colorado-based missionary group, has assigned two full-time Christian ministers to the U.S. Air Force Academy where they are training cadets to evangelize other cadets. This revelation comes in the wake of widespread objections about Christian proselytization at the Academy. A Pentagon investigation, congressional hearings, a civil lawsuit and Air Force guidelines adopted earlier this year have all focused on the problem. The Guidelines apply to officers, but do not limit "voluntary, peer to peer discussions."

A fund-raising letter from the Navigators' team of ministers, Darren and Gina Lindblom, said, "We have recently been given an unused classroom to meet with cadets at any time during the day." Referring to the Air Force Guidelines and the civil suit filed by a parent of a cadet, the letter said"we are vitally aware we are in the front lines of a spiritual battle." It continued, "Please pray for unprecedented wisdom for Gina and me as we coach these cadets to live among the lost, sharing the Gospel in the midst of this current climate. We must be so careful. Yet we do not wish to squelch the passion of men like Daniel," a cadet who has vowed to "impact the lives of 200 men with the Gospel" before he graduates.

An Academy spokesman said the Navigators are one of 19 outside religious groups -- including Buddhist, Jewish, Catholic and Mormon organizations -- that hold weekly voluntary meetings in a program known as SPIRE, for Special Program in Religious Education. After further inquiry, the spokesman said that the Academy's chaplains had also set aside a room that any SPIRE group could use for counseling cadets at other times.

Two Recent Prisoner Religious Rights Cases

In Asad v. Crosby, (Nov. 9, 2005), the U.S. Eleventh Circuit Court of Appeals rejected a prisoner’s complaint that he was denied his constitutional rights when he was not permitted to pray under a stairwell at a Florida correctional facility. The court found that the prisoner, Siddiq Asad, could instead pray in his cell, that barring him from the stairwell area furthered security interests of the prison, and that other accommodation would have more than a de minimus cost.

In Devine v. Schriro, 2005 U.S. Dist. LEXIS 27221 (D. Ariz, Nov. 4, 2005), an Arizona state prisoner claimed that his Free Exercise rights were being denied when, despite his sincere religious beliefs, prison officials denied him a Kosher diet because he had not provided letter from a rabbi. The federal district court dismissed the inmate’s claim, but permitted him to refile it within 30 days to allege specifically what the named defendants did to deny his rights.

Ban On Rosary Beads In Schools Lifted

In Lake Chelan, Washington, the Chelan School District board has lifted a ban on rosary beads little more than a week after school officials had prohibited them. A Wenatchee police officer had warned school officials that rosary beads worn around the neck could be a symbol of gang membership, particularly among Latino students. The Associated Press reported yesterday that the board dropped the ban on rosaries and a number of other symbols after protests from parents, students and members of the community. Other banned symbols that are now permitted include owls, the numbers 13, 14 and 18, and sports jerseys of certain famous players.

"Just Read, Florida" Program Stirs Church-State Objections

Agape Press yesterday reported on the controversy that has arisen around Florida Governor Jeb Bush's "Just Read, Florida" program. To encourage reading, the state is implementing grade level specific contests around the book The Lion, The Witch, and The Wardrobe. Students are being asked to read the book in conjunction with the December release of a Disney movie based on it, and to write an essay, create an art project or make a short video about the book or characters in it. Americans United for Separation of Church and State claims that the contest violates the First Amendment because it promotes a "religious story". The director of the program, Mary Laura Openshaw, says that the story can be read without references to Christianity, and that children can "read the book and decide for themselves" about any correlation with the story of Jesus Christ. Now the Alliance Defense Fund has offered free legal representation for any school sued by Americans United.

Florida High School Coach Uses Religion To Get Winning Team

The Orlando Sentinel today carries a story about the successful football program of East Ridge High School in Clermont, Florida. High school coach, Bud O'Hara, regularly leads his team in prayer and attributes the success of the team to his religious motivation of the players. "When we started this program four years ago, we made a commitment that we were gonna play for our savior," said O'Hara. "And we're not ashamed. When you play for a higher power, you seem to play a little harder, run a little faster and do things you normally couldn't do." O'Hara said that neither school officials nor parents have ever questioned the religious component of his program. Constitutional experts however question the propriety of O'Hara's approach.

Wisconsin Legislature Approves Communion Wine In Prisons

The Wisconsin State Journal today reports that the Wisconsin legislature has passed SB 174. It, for the first time, permits prisoners to have access to wine for Communion. The bill, as amended by the State Senate, allows inmates to consume up to 2 ounces of wine as part of a religious service. Opponents of the bill argue that this will exacerbate alcoholism problems among prisoners. However, supporters of the measure argue that denying access to wine violates inmates' religious freedom. They say that wine is a vital part of the sacrament for most Christians. Many ministers and priests say their faith does not permit substituting grape juice.

Two Religious Land Use Cases In The News

Two church land-use cases under the Religious Land Use and Institutionalized Persons Act are in the news today. The Virginian Pilot reports on one out of Portsmouth, Virginia. Federal district court judge Robert G. Doumar has denied a motion to dismiss a law suit challenging Portsmouth City Council's refusal to permit an empty 106-year old church building be reopened as a church. Meanwhile, in Scottsdale, Arizona, SonRise Community Church has filed suit in federal court challenging the city's refusal to permit it to build a Christian school facility on a 10-acre parcel of land owned by the church, according to the East Valley Tribune. The church is represented by the Alliance Defense Fund. Church officials say "God has called them to plant a church and establish a private, Christian school facility in north Scottsdale." City officials cited flooding and traffic problems in refusing a zoning permit.

UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).

European Court Upholds Turkish Headscarf Ban

The European Court of Human Rights has ruled that Turkey can ban Muslim women at universities from wearing headscarfs. BBC News yesterday reported that the court rejected an appeal by a Turkish woman who had argued that the ban discriminated against her on religious grounds and violated her right to an education. However, the court ruled that the ban was justified to maintain order and avoid giving a preference to religion.

Suit Challenges Faith-Based Prison Program

The Free New Mexican on Wednesday reported on a law suit filed by the Freedom From Religion Foundation challenging a Christian ministry program and a "God Pod" housing unit at privately run New Mexico Women’s Correctional Facility in Grants, NM. Plaintiffs argue that these programs impermissibly endorse and promote religion. The Corrections Department’s website says the programs are designed to help inmates “establish or strengthen a relationship with God” ; learn to live in a faith community; overcome addictive habits and other problems; strengthen family relationships; and "form new relationships within the Christian community." The state argues that faith-based programs do not violate the Constitution. Participation is voluntary, and the goal is to teach life skills, not religion.

State Agency Lacks Jurisdiction Over Priest's Discrimination Complaint

In Rweyemamu v. CT. Commission on Human Rights and Opportunities, 2005 Conn. Super. LEXIS 2798 (Oct. 21, 2005), a Connecticut Superior Court held that the state human rights commission had no jurisdiction over a complaint by a Black African priest that he was not appointed pastor or parochial administrator of a particular Catholic church. The court found that the Free Exercise clause also precludes it from reviewing a discrimination complaint in this kind of purely ecclesiastical matter.

Justice Department Claims Ohio's Union Contract Discriminates On Religious Grounds

The Religious News Service reported yesterday that the U.S. Department of Justice is challenging the state of Ohio's collective bargaining contract with 36,000 public employees. It argued in federal court in Columbus that the contract violates the Civil Rights Act of 1964 by requiring non-union employees to pay a representation fee to a union that advocates positions that the employee objects to on religious grounds.

The suit involves Glen Greenwood, a pollution control worker at the Ohio EPA. He sought to stop paying a representation fee to the union when he learned that it supports abortion and gay rights. Ohio's contract with AFSCME Local 11 only permits state workers to opt out if they belong to a church that historically has held conscientious objections to joining or financially supporting unions. Acting U.S. Attorney General Bradley J. Schlozman said the Civil Rights Division wants the exemption expanded to permit any worker who holds a sincere opposition to a union-funded activity to divert his or her representation fee to charity. He contends that the current contract discriminates against those with sincere beliefs who do not belong to churches with long histories of opposing unions.