California Defendants Challenge Eagle Protection Act Distinctions

Copley News Service yesterday reported on criminal charges pending in California against Manuel Rodriguez-Martinez and Mario Manuel Vasquez-Ramos, two Native American religious ceremonial leaders charged with illegally possessing eagle feathers. Members of federally recognized Indian tribes can obtain eagle parts for ceremonial use from the National Eagle Repository. Federal law otherwise prohibits possession of bald and golden eagle feathers and parts. The two defendants here do not qualify to access the National Eagle Repository because they are connected with Indian tribes based in Mexico.

California U.S. District Court Judge S. James Otero earlier this month rejected the defendants' claim that distinguishing between recognized tribes and others with sincere religious beliefs is unconstitutional. So the defendants will now plead guilty and appeal Judge Otero's ruling to the 9th Circuit, claiming that their free exercise rights are being infringed. Federal authorities also suspect that the defendants were involved in the theft of two golden eagles from the Santa Barbara zoo six years ago. However they have been unable to find sufficient evidence to pursue a prosecution for that crime. (See prior related posting.)

City Kept Preachers Too Far From Pride Fest Event They Were Protesting

In World Wide Street Preachers' Fellowship v. Reed, (MD Pa., May 8, 2006), a Pennsylvania federal district court issued a declaratory judgment (but not a permanent injunction) after finding that Harrisburg, Pennsylvania authorities violated the free speech rights of two ministers who wished to talk or preach in opposition to homosexual conduct near PrideFest, a gay pride festival being held in the city's Riverfront Park. The city's permit ordinance was treated as allowing the permit holder to exclude individuals for any reason-- including speech-- from the permit area. Here plaintiffs were barred from preaching in an unused space within the area covered by PrideFest's permit. The court found that this restriction was not narrowly enough tailored to serve the city's interest in merely protecting use of space by a permit holder. The court also found First Amendment problems with enforcement of a 50-foot no-speech zone by a city police officer at one end of the PrideFest event area. Alliance Defense Fund, which represented the preachers, issued a release on the decision.

India Supreme Court Hears Unusual Muslim Divorce Case

Outlook India reports that India's Supreme Court today heard arguments in a case involving a Muslim couple seeking police protection for their marriage. In 2003, Nazma Biwi's husband Sher Mohammed, while drunk, divorced her by pronouncing triple talaq. He later changed his mind and decided to live with his wife and three children. Even though the couple originally received a religious ruling that the divorce was ineffective because it was carried out under intoxication, local clerics at Bhadrak in Orissa issued a Fatwa holding that the couple was divorced and could not live together unless Nazma performed 'Nikah Halala' (marrying another man, consummating the marriage, then getting a divorce and remarrying her first husband). The couple obtained a protective order from a lower court in India in April, but claim the local government has not enforced the order. Nazma and Sher are currently living apart because of threats from the community. Orissa government counsel Shibo Shanker Mishra claims that the government has complied with the lower court order.

Initial Win For Church In Lawsuit Challenging Differential Fee Schedule

In Canyon Ridge Baptist Church v. City of San Diego, (SD Cal., May 12, 2006), a California federal district court refused to dismiss a claim brought by a church group challenging the charging of higher fees for it to use the Kearney Mesa Recreation Center than for comparable secular groups. (See prior posting.) The court permitted plaintiffs to move ahead with claims under the U.S. and California constitutions alleging free speech, equal protection, due process, free exercise and establishment clause violations. Lawyers for the Alliance Defense Fund that represented Canyon Ridge Church (news release) will argue in court today for the issuance of a preliminary injunction.

Religious Issues Face New Israeli Government

Earlier this month, as is traditional in Israel, Prime Minister Ehud Olmert presented to the Knesset the Basic Guidelines that will govern the policies of his new government. On religious matters, those Guidelines were brief. First they provide that "the status quo, as it pertains to religion, will be maintained." However, the new government did promise to "act immediately to pass legislation solving the problem of 'those prevented from marrying'." Presumably this means that the government will move ahead to authorize civil marriages in Israel, despite earlier reports that the Shas party had gotten a commitment to the contrary as part of its arrangements for joining the government.

The marriage issue has become more pressing recently. The New York Jewish Week on Friday carried a long article detailing ways in which Israel's Chief Rabbinate is making approval procedures more difficult for individuals seeking to be married by a rabbi. The Rabbinate is requiring extensive proof that both parties desiring to marry are in fact Jewish. The large number of Russians granted citizenship even though they were not Jewish according to religious law has been a significant factor in the crackdown. Also, changes in the office of the Chief Rabbinate has been a factor. A new official, Rabbi Yigal Krispel, is in charge of determining which rabbis' certifications will be accepted as proof that an individual was validly converted to Judaism. Krispel is less familiar with many U.S. and other diaspora rabbis than was his predecessor.

Other religious pressures are simmering in Israel as well. While Israel's High Court of Justice has just upheld the "Tal law" granting exemptions from military service to ultra-Orthodox yeshiva students, the Court suggested that the Knesset should act to make changes in the law. And yesterday, YNet News ran an article questioning why haredi (ultra-Orthodox) girls are excused from military or other national service requirements, while other Israeli girls are required to serve. The exemption for haredi men is justified by the country's need for Torah scholars. But the haredi community does not permit girls to study Torah.

Vermont Catholic Diocese Tries To Shield Assets

The Roman Catholic Diocese of Burlington is placing the assets of each of Vermont's 130 parishes in a separate charitable trust. Today's Rutland Herald reports that the move is an attempt to shield parish assets from claims against the Diocese in priest sexual abuse cases. The Diocese has settled several of those cases, and the lawyer representing 19 men accusing priests of prior sexual abuse says the charitable trust arrangement is a violation of Vermont's fraudulent conveyance law.

Florida High Schools Move Graduations Out Of Church

Yesterday's Orlando Sentinel reports that four high schools in Brevard County, Florida, this year will hold their graduations in secular venues. Last October, the Brevard County School Board settled a suit brought by Americans United For Separation of Church and State, agreeing that they would no longer hold graduation in houses of worship unless religious symbols were concealed or removed. The schools had been using Calvary Chapel, a church at the foot of a 25-foot-tall Christian cross. Last year's graduations were still there because the court held there was not enough time to reschedule the ceremonies then. But this year, the schools are complying with the settlement agreement. Interestingly, three of the four schools are holding their graduations this year on Saturday morning, and no one seems to have raised any question about whether this creates a problem for students who observe Saturday as their Sabbath.

Toledo Priest And Diocese Face Further Legal Problems

The murder conviction on Thursday of Toledo, Ohio Catholic priest Gerald Robinson for the murder of a nun in 1980 is not the end of legal problems for the priest or Toledo's Catholic diocese. Today's Toledo Blade reports that Robinson and the diocese are defendants in a civil suit filed by a 40-year old woman and her husband alleging that the woman was raped and tortured in ritual abuse by Robinson when she was a young girl. Also, Lucas County (Ohio) Prosecutor Julia Bates is still considering obstruction of justice charges against the Toledo Diocese for failure to turn over documents the state requested during its lengthy murder investigation of Robinson.

Iranian Letter In Islamic Context

Last week's letter from Iranian President Mahmoud Ahmadinejad to President George W. Bush, full of appeals to Bush's religious values and heavy on quotes from the Koran, seemed somewhat bizarre by Western diplomatic standards. However, according to columnist Amir Taheri in today's Jerusalem Post the letter fits squarely into Islamic traditions that date back to the Prophet Muhammad himself. In 625 AD, Muhammad wrote letters to the rulers of Persia, Byzantium and Ethiopia calling on them to convert to Islam. In 1987, Iranian leader Ayatollah Ruhallah Khomeini wrote a letter to Soviet Premier Mikhail Gorbachev inviting him to convert to Islam before Iran would assist the Soviet Union in Afghanistan. Taheri argues that instead of ignoring Ahmadinjad's letter, Bush should respond by inviting him to convert to liberal democracy.

Azerbaijan Backs Down On Promise To Have Alternative Service for CO's

Forum 18 reported last week that Azerbaijan is backing down on its commitments to permit alternative service for conscientious objectors. A 23-year-old Jehovah's Witness is facing trial for refusing military service on grounds of religious conscience, even though the Azerbaijan Constitution (Art. 76) guarantees the right to perform alternative service. When Azerbaijan joined the Council of Europe in 2001, it promised to have alternative service in place by 2004. However, Krzysztof Zyman, an official of the Council of Europe's Directorate General of Human Rights, says that no progress has been made in adopting an alternative service law.

Article On Religious Use Of Common Areas Focuses On Religion Clause Blog Coverage

Today's Spartanburg (South Carolina) Herald-Journal carries a follow-up on its coverage earlier this week of a local apartment building whose residents were banned by management from conducting a Bible study group in the building's common area. The article carries lengthy quotes from a telephone interview that the reporter had with me and cites to coverage of other similar cases on Religion Clause blog. In what will not go down as one of my most eloquent interviews, I conclude that there is no clear reason why there has been a cluster of similar cases in the last month or so.

Last Week's Prisoner Free Exercise Cases

In Jefferson v. Gonzalez, 2006 U.S. Dist. LEXIS 27720 (D DC, May 10, 2006), a DC federal district court rejected free exercise, RFRA and equal protection challenges to Bureau of Prisons Program Statement 5360.09, regulations on the wearing of religious headwear and religious garments . Muslim inmates are permitted to wear a Kufi, but not a turban, while Sikhs are permitted to wear a turban. As to ceremonial clothing, the Program Statement provides that "Islamic inmates may not hem or wear their pants above the ankle." The court found that the government's security interests and its interest in prisoner rehabilitation justified the restrictions.

In Muhammad v. San Joaquin County Jail, 2006 U.S. Dist. LEXIS 27821 (ED Cal., May 10, 2006), a Magistrate Judge recommended that a jail inmate be permitted to proceed with a claim that he was improperly denied bag meals to eat after sundown during Ramadan. However the Magistrate Judge rejected the claim that the inmate's free exercise rights were violated when the jail failed to provide Muslim services on Fridays.

Challenge To Firing Of Youth Director Dismissed; Defamation Claim Goes On

In Patton v. Jones (Tex. 3d Dist. Ct. App., May 11, 2006), a Texas appellate court upheld dismissal of some of the claims brought by Ken Patton, a Methodist church's Director of Youth Ministries, who was terminated from his position after rumors circulated about his dating certain women and hugging girls at church. There were also unsubstantiated rumors about his viewing pornography. The court held that the Free Exercise clause prohibits state interference in church governance matters. Therefore actions taken and communications made by the Church as part of its employment decision about Patton's ministerial position are ecclesiastical matters protected from secular review. However, the court permitted Patton to proceed with defamation claims that arose out of statements made about him after the Church's decision on his dismissal was final.

Challenge To UNC's Student Organization Rules Dismissed As Moot

In Alpha Iota Omega Christian Fraternity v. Moeser, 2006 U.S. Dist. LEXIS 28065 (MD NC, May 4, 2006), a North Carolina federal district court dismissed as moot a suit that had originally been filed in 2004 by AIO, a Christian student group, challenging the University of North Carolina at Chapel Hill's requirement that the organization be open to all interested students regardless of religion or sexual orientation. While the litigation was pending, the University changed its policy to permit student groups to select their members on the basis of commitment to a set of beliefs, and gave official recognition to AIO.

Right To Trial Delay For Religious Observance Rejected

In Hoyt v. Lewin, 2006 U.S. Dist. LEXIS 28294 (SDNY, May 12, 2006), a Magistrate Judge in a New York federal district court recommended rejection of a free exercise claim brought by Leroy Hoyt, who had been convicted in state court on drug charges. In Hoyt's criminal trial the state court had refused to adjourn jury deliberations on a Friday, thereby forcing Hoyt, a Muslim, to choose between attending religious services and being present at his trial. The Magistrate Judge said that the trial court had a compelling interest in declining to interrupt jury deliberations, particularly given the approach of a weekend.

A Wealth of New Books and Articles

Books:

• Michelle Goldberg, Kingdom Coming: The Rise of Christian Nationalism (WW Norton, 2006). Here is the book's website. And here is the link to NPR's Fresh Air interview with the author.

Articles (full text online):

• William Martin, Secular State, Religious People-- The American Model (April 2006) [Thanks to Mainstream Baptist for the information.]

Articles from Bepress:

• Eric Alan Isaacson, Traditional Values, or a New Tradition of Prejudice? The Boy Scouts of America vs. the Unitarian Universalist Association of Congregations (May 2006).

Articles from SSRN:

• Stephen M. Bainbridge & Aaron H. Cole, The Bishop’s Alter Ego: Enterprise Liability and the Catholic Priest Sex Abuse Scandal.
• Thomas Berg, What’s Right and Wrong with the "No Endorsement of Religion" Test (forthcoming Washington University Journal of Law and Policy, Vol. 21, 2006).
• Marc O. Degirolami, The New Religious Prisons and Their Retributivist Commitments (forthcoming Arkansas Law Review 2006).
• Robert K. Vischer, The Sanctity of Conscience in an Age of School Choice: Grounds for Skepticism.

SmartCILP's recently published articles:

• Bradley P. Jacob, Free Exercise In the "Lobbying Nineties", 84 Nebraska Law Review 795-845 (2006).
• Victor E. Schwartz & Leah Lorber, Defining the Duty of Religious Institutions To Protect Others: Surgical Instruments, Not Machetes, Are Required, 74 Univ. Cincinnati Law Review 11-54 (2005).
• Jeffrey Shulman, Spiritual Custody: Relational Rights and Constitutional Commitments, 7 Journal of Law & Family Studies 317-349 (2005).
• L. Scott Smith, From Typology To Synthesis: Recasting the Jurisprudence of Religion, 34 Capital Univ. Law Review 51-123 (2005).
• Iman Feisal Abdul Rauf, John E. James Distinguished Lecture, What is Islamic Law? 57 Mercer Law Review 595-619 (2006).
• Symposium: Can the Seamless Garment Be Sewn? The Future of Pro-Life Progressivism, 2 University of St. Thomas Law Journal 235-424 (2005).
• Lectures on Law and Culture, Presented at the John Paul II Cultural Center, Washington, D.C. Fall 2004. 2 University of St. Thomas Law Journal 425-474 (2005) (lectures by Thomas C. Berg, John Witte, Jr., and Richard W. Garnett).
  
  

  
  

7th Circuit Asked To OK Sectarian Prayer In Indiana Legislature

This week, according to the Indianapolis Star, Indiana state House of Representatives Speaker Brian C. Bosma filed the anticipated appeal to the 7th Circuit a lower court ruling that prohibited the House from opening its sessions with prayers that mention Jesus or endorse a particular religion. Both the Indiana House and Senate had passed resolutions directing Bosma to appeal the decision. (See prior posting.)

Creationist Invited To Speak In Missouri Schools

The St. Louis Post Dispatch today reported that in Missouri's Potosi R-III school district, the superintendent and board invited Mike Riddle, a Biblical Creationist from Answers in Genesis, to discuss science with high school and middle school students. The paper reports that during Riddle's presentations to student groups, he never referred to "Jesus" or "God" or even "religion." Instead, he urged students to question established scientific principles and theories and encouraged them to think about a career in science. Riddle talked about amino acids, proteins, DNA, telemers and thermodynamics, and used examples to challenge the idea that life began on land. He interspersed his talk with quotations from scientists, some with ties to creationist or intelligent design organizations.

Last-Ditch Attempt To Save Mt. Soledad Cross

After a federal judge last week took new action to require the removal of the large cross from on top of California's Mt. Soledad, California Representative Duncan Hunter has written President Bush, asking him to exercise the federal power of eminent domain to turn the land under the cross into a national park. Orders by a federal judge to remove the cross rely on provisions in the California constitution. Supporters think that federal law is less restrictive. The developments are reported in today's San Diego Union Tribune.

UPDATE: Sunday's San Diego Union Tribune profiles Jim McElroy, lawyer for the plaintiff in the Mt. Soledad cross case. McElroy has received a good number of nasty, and even threatening, e-mails and phone calls from outraged defenders of the cross.

US Civil Rights Commission Investigating California Campus Anti-Semitism

Today's Los Angeles times reports that the U.S. Commission on Civil Rights is for the first time conducting an investigation of anti-Semitism on a college campus. It is focusing on the University of California Irvine. Renewed concerns have arisen on campus as the school's Muslim Student Union has scheduled a program for next week titled "Holocaust in the Holy Land". Jewish leaders are not asking university officials to cancel the program, but do want them to condemn the use of the term "Holocaust" in its title. Chancellor Michael V. Drake issued a more generic statement on Tuesday, merely calling on students "to show appreciation for one another, for people of diverse opinions, backgrounds and cultures and for ideas that may be different from their own." Last month, the U.S. Civil Rights Commission made a number of recommendations to counter campus anti-Semitism. (See prior posting.)

Role of Christianity In Air Force, Academy, Continues To Provoke Interest

The controversy over the role of religion in the Air Force and at the U.S. Air Force Academy continues to spur interest.

Jeremy Gunn, director of the ACLU's program on religious freedom spoke at the Air Force Academy Thursday, according to the Colorado Springs Gazette. Gunn told Air Force cadets and faculty that the alleged war on Christians in America is a myth driven by politics. In fact, he said, religion has never enjoyed a time of greater freedom. Philosophy Professor Col. James Cook, who invited Gunn to speak, said the debate over the role of faith in the military has led the school to seek out a variety of opinions without taking sides.

Meanwhile, today's edition of the Forward profiles Air Force Academy alumnus Mikey Weinstein who has led opposition to federal legislation to permit military chaplains to offer sectarian prayers. Weinstein is suing the Air Force Academy over anti-Jewish slurs and coercion experienced by his sons while they were students there. The suit also challenges the Air Force's revised guidelines for chaplains. (See prior postings 1, 2, 3 .) Weinstein, a lawyer who worked for the Reagan White House and once served as Ross Perot's general counsel, has formed the Military Religious Freedom Foundation to call attention to religious coercion in the military. Weinstein strongly criticized the Anti-Defamation League and other Jewish organizations for their positions on church-state issues in the military and their refusal to file amicus briefs in his lawsuit.

And the blog Jews On First this week carries a report about another issue exposed by Mikey Weinstein. Air Force Maj. General Jack J. Catton Jr. has used his military e-mail account to urge 200 of his Air Force Academy classmates to support a Colorado Republican congressional candidate, Retired Air Force General Bentley Rayburn. The Air Force general wrote: "We are certainly in need of Christian men with integrity and military experience in Congress." He attached a message to the e-mail from candidate Rayburn, who, referring to Congressional debates on religious intimidation at the Air Force Academy said: "For those of us who are Christians, there is that whole other side of the coin that recognizes that we need more Christian influence in Congress."

Wal-Mart Pharmacist Convicted For Religious Tirade To Customers

WBAY-TV reports that in LaCrosse, Wisconsin yesterday, former Wal-Mart pharmacist Neil Noesen was convicted by a jury on charges of obstruction, but acquitted on disorderly conduct charges. All the charges grow out of a disturbance he caused last July while working briefly at the Wal-Mart in Onalaska, Wisconsin. Noesen insisted on telling customers about his religious objections as a Catholic to the dispensing of birth control prescriptions. When he refused police orders to leave the store, he was taken out in a wheel chair. This is Noesen's fourth conviction on charges relating to his objections to dispensing contraceptive prescriptions and devices.

Pat Robertson Uses 700 Club To Attack "Americans United"

ABP News reports that controversial Christian broadcaster Pat Robertson yesterday used his 700 Club television show to launch an attack on Rev. Barry Lynn, executive director of Americans United For Separation of Church and State. Robertson said, "Barry Lynn is so extreme, he has said that if a church is burning down, the city shouldn’t bring the fire department and trucks to spray water on the church because that violates separation of church and state." AU officials deny that this is Lynn's position. Robertson went on to claim that the ACLU had taken over Americans United, and described the ACLU in these terms: "The goal of the ACLU is to strip all religion from the public square. Why? Because the goal of the Communist Party was to weaken America, and they thought that they could weaken America if they took faith out of our public life. That's where it all came from, ladies and gentlemen." In a release by Americans United in response to the attack said "Robertson is not just factually wrong, but increasingly shrill and paranoid."

Chinese Christian Activists Meet With President Bush

Reuters and the Associated Press report that yesterday President George W. Bush met at the White House with Chinese Christian dissidents Yu Jie (an author), Li Baiguang (a legal scholar) and Wang Yi (a law professor and blogger). All three are active in China's underground Protestant church movement. The Chinese activists are attempting to use China's own constitution to liberalize its treatment of religion. The White House visitors said that they joined in prayer with Bush, Vice President Dick Cheney and Secretary of State Condoleezza Rice before their meeting ended. The meeting was briefly mentioned in yesterday's press briefing aboard Air Force One.

Jury Convicts Priest In 1980 Murder Of Nun

In Toledo, Ohio today, a jury after deliberating for a total of 6 hours and 25 minutes convicted Catholic priest Gerald Robinson of the ritualistic murder 26 years ago of a nun, Sister Margaret Ann Pahl. (See prior postings 1, 2, 3 .) Common Pleas Court Judge Thomas Osowik immediately sentenced Robinson to 15 years to life in prison. The Toledo Blade reports that defense attorneys plan an appeal.

Immediately after the verdict, Toledo Catholic Diocese Bishop Leonard Blair issued a statement saying, "Let us hope that the conclusion of the trial will bring some measure of healing for all those affected by the case as well as for our local church." He emphasized that Robinson is a retired priest who "continues to be barred from any public ministry." Local church officials expect that the Vatican will take some kind of additional action against Robinson.

WTOL News has a good summary of events leading up to the trial.

Israel's High Court Upholds Draft Exemptions For Yeshiva Students

Haaretz reports that in an 8-1 decision today, Israel's High Court of Justice rejected a challenge to the country's "Tal Law" which generally provides exemptions from military service for Orthodox Jewish yeshiva students engaged in Torah study. The Jerusalem Post, also reporting on the decision, describes how the law operates:. A student gets at least four years of guaranteed military deferment for yeshiva study. Then he may take one year off without being drafted to join the army, work or learn a trade. If the student then decides not to return to yeshiva, he performs a truncated period of military service and annual reserve duty.

While upholding the law, the High Court's majority criticized it as causing "serious harm to the human dignity of the majority who are obligated to do national service". Chief Justice Aharon Barak's decision said, however, that the problem needs to be solved by national consensus, not by a court ruling. The opinion suggested that if changes are not made, in the future the Court might find the law unconstitutional.

Graduation Prayer Initiative Launched

Liberty Counsel is distributing a Legal Memorandum On Graduation Prayers In Public Schools which suggests rather narrow interpretations of court prcedents banning prayer at graduation ceremonies. It says that public colleges and universities may invite clergy to deliver prayers at graduation ceremonies. In public middle, junior high and high schools, student or outside speakers chosen on neutral criteria can offer prayers, or make religious comments, if genuinely done on their own initiative. It also says that churches may sponsor baccalaureate services. Here is one interesting excerpt from the memo:

In [one] school, the valedictorian sneezed after giving the valedictory address. The students responded in unison, “God bless you.” Although this is a humorous way of acknowledging God during a ceremony, the Constitution does not require students to resort to such tactics in order to acknowledge God. When student speakers enter the podium during a graduation ceremony, they do not shed their constitutional rights to freedom of expression, just like they do not shed this right when they enter the schoolhouse gate.

Last week, Liberty Counsel also announced that it was launching the "Friend or Foe Graduation Prayer Campaign" in cooperation with Dr. Jerry Falwell, the Founder and Chancellor of Liberty University. It will educate, and where necessary file suit, to vindicate speakers' right to deliver prayers or make religious comments at graduation ceremonies.

School Board Has Second Thoughts On Religious Literature Policy

After last month's approval of the first reading of policy permitting non-school-related "books and periodicals" including religious literature to be made available to high school students, the Brunswick (North Carolina) County Board of Education last week voted to table the measure. Yesterday's Brunswick Beacon reports that the decision was taken after the board met with legal counsel who told them that the proposed policy does not conform with the only court decision that permits religious material to be distributed. The board was apparently also concerned by the inquiries it was already receiving about distributing materials under the policy. Unitarian Universalists, Jehovah's Witnesses and Buddhists have already made inquiries, as has a group interested in distributing books on pagan religions.

Montreal School Accommodates Muslim Students Over Some Objections

In the Canadian province of Quebec, Montreal school officials have accommodated the religious needs of three Muslim high school girls by allowing them to take the required swimming test in physical education alone in the school's pool, shielded from the view of any men. The Toronto Star today reports that decision, opposed by the school's parent-teacher council, has created some controversy about the place of religion in Quebec's public institutions. However school officials say that the move is required by the Constitution and rulings of Canada's Supreme Court. Several Toronto public schools already set aside all-girls swim periods each week, as do other public pools in Jewish, Muslim and Sikh areas of Montreal.

Religious Land Use Issues Continue To Arise

Religious land use issues continue to make news. Liberty Counsel has announced two interesting suits. In Florida, the group has sued Osceola County to get permission for the Men of Destiny Ministries to operate a faith-based substance abuse program. The county has refused to issue the group a permit to continue to run its program from a single family home that is being used to house 14 men who work during the day and who have Christian meetings 4 evening per week. The county has been levying a fine on the group, and has ordered the 6,300 square foot home it is using to be vacated. (Orlando Sentinel, May 10.)

Meanwhile, in Bedford County, Virginia, Liberty Counsel has written the county on behalf of Raymond Bell, the pastor of The Cowboy Church of Virginia, claiming that the county is violating RLUIPA. The owner of a local farm agreed to permit use of his barn every Thursday night for worship services by the Cowboy Church, but the county has issued a Notice of Violation because the farm is not zoned for use for religious meetings. (Liberty Counsel News Release, May 10.) [Thanks to Rick Duncan via Religionlaw for the lead.]

Finally, in Yavapai County Arizona, the Board of Supervisors will hold a hearing next week on a proposed amendment to the county zoning code to require religious institutions and certain schools to obtain use permits before they construct new buildings. The Board's Planning and Zoning committee has recommended a tightening of current regulations so that there will be notification of surrounding property owners and an administrative review process with public comment before construction begins. Opponents of the amendment argue that religious institutions are constitutionally protected from such regulation. (Verde Arizona Independent, May 10.)

India's Supreme Court Rejects Challenge To Muslim Family Law

In India yesterday the Supreme Court rejected an challenge to the legality of the Muslim personal law on marriage, according to Daily India. The suit asked the Court to order the central government to promulgate a uniform marriage law for all communities, including Muslims. The suit claimed that Muslim marriage and divorce practices denied fundamental rights to Muslim women and contradicted the principles of secularism and national integration. However the Court said that any change is a matter for Parliament, and not for the Court.

Church Gives 10 Commandments Display To Kentucky County

Now that the Kentucky legislature has enacted a law permitting the display in public buildings of the Ten Commandments along with other texts that highlight Kentucky's historic, cultural, political, and general heritage, today's Lexington Herald-Leader reports that religious groups are pushing to have the new law implemented. The Body of Christ Ministries has given the Lexington-Fayette County Urban County Council a set of framed documents, which include the Ten commandments, the Declaration of Independence, the preamble to the Kentucky Constitution and the Bill of Rights. It hopes they will be displayed at the courthouse, county annex or city hall. The group has distributed similar documents to 12 Kentucky counties since 2003. The Lexington-Fayette Council voted 9-1 Tuesday to draft a resolution accepting the display.

Director of Evangelism's Retaliation Suit Dismissed Under Church Autonomy Rule

The Yakima (Washington) Herald Republic reports that yesterday a Washington state trial court judge dismissed a suit accusing the Catholic Diocese of Yakima of forcing Robert Fontana, Diocesan Director of Evangelism, to resign after he questioned the Diocese's application of a new national policy on clergy sexual misconduct. Fontana claimed that he was reprimanded for complaining that Bishop Carlos Sevilla permitted a priest to continue his religious duties even though the priest was being investigated for downloading photographs of nude boys from the Internet. The court held that it lacked jurisdiction over Fontana's claim because of the "ministerial exception". Holding that Fontana's duties should be considered "ministerial", the court said that "a church's right to be unfettered by the state in its choice and control of ministers cannot abide state intervention where the heart of the issue depends on religious justification."

Iranian President Lectures Bush Using Appeal To Religion

On Monday, Iranian President Mahmoud Ahmadinejad sent a rambling 18-page letter (full text)to President George Bush that contained little in the way of new initiatives to deal with the crisis over Iran's development of nuclear weapons capability. However, as described today by the New York Times, the letter largely used religion to lecture Bush about the errors of his administration's policies around the world. The unusual appeal to George Bush's personal religious beliefs, and the extensive exposition of Islamic teachings, may make this letter one of the more unusual exchanges between international leaders. Here are a few quotations from the lengthy letter:

Can one be a follower of Jesus Christ (PBUH), the great Messenger of God ... But at the same time, ... because of the possibility of the existence of WMDs in one country, it is occupied, around one hundred thousand people killed, its water sources, agriculture and industry destroyed....

Another big question asked by people is why is this regime [Israel] being supported? Is support for this regime in line with the teachings of Jesus Christ (PBUH) or Moses (PBUH) or liberal values? Or are we to understand that allowing the original inhabitants of these lands – inside and outside Palestine – whether they are Christian, Muslim or Jew, to determine their fate, runs contrary to principles of democracy, human rights and the teachings of prophets? If not, why is there so much opposition to a referendum?....

If prophet Abraham, Isaac, Jacob, Ishmael, Joseph or Jesus Christ (PBUH) were with us today, how would they have judged such behaviour? Will we be given a role to play in the promised world, where justice will become universal and Jesus Christ (PBUH) will be present? Will they even accept us?...

Mr President, According to divine verses, we have all been called upon to worship one God and follow the teachings of divine prophets. "To worship a God which is above all powers in the world and can do all He pleases." ...

We increasingly see that people around the world are flocking towards a main focal point –that is the Almighty God. Undoubtedly through faith in God and the teachings of the prophets, the people will conquer their problems. My question for you is: “Do you not want to join them?”

Mr President, Whether we like it or not, the world is gravitating towards faith in the Almighty and justice and the will of God will prevail over all things.

Apartment Managers Ban Bible Study In Commons Area

Today's Spartanburg (South Carolina) Herald-Journal reports on another instance of a growing problem-- an apartment complex banning residents from using a building's common space for Bible study. (See prior posting.) At Spartanburg's Heritage Court Apartments, appropriately located on "Church Street", the management company in charge of the building told residents that the federal Fair Housing Act requires them to move their Bible study group from the common area into a private apartment. The letter to residents also said that hymns could no longer be played on the piano in the commons area, and no nativity scene could be displayed there at Christmas. William Dudley Gregorie, the U.S. Department of Housing and Urban Development's field office director for South Carolina, says that management is wrong in its interpretation of the law. As long as all groups have the same access to the commons area, there is no problem with its use for Bible study.

The management company involved here, One Management, justified its action as a way of preventing potential tenets from feeling that a particular religion is preferred at the apartment complex. One Management owns between 40 and 50 complexes across the Carolinas and Virginia, and manages 12 others.

UPDATE: Wednesday, after South Carolina lawmakers said that One Management has misinterpreted the law, the management company announced they would allow residents to continue their bible study while the company sought advice from the Special Counsel for Religious Discrimination with the United States Department of Justice. (Fox Carolina News.)

Canadian Hutterites Win Challenge To License Photo Requirement

In the Canadian province of Alberta, a group of Hutterites on Monday won their lawsuit challenging the requirement that they must have their photo on their drivers' licenses. (See prior posting.) The Calgary Sun yesterday reported that Court of Queen’s Bench Justice Sal LoVecchio held that the requirement violates the religious rights of members of the Hutterite colony who believe that the Second Commandment precludes them from willfully having their picture taken. The Canadian Charter of Rights and Freedoms protects freedom of conscience and religion from infringement by provincial law.

Defense Bill Would Permit Chaplains To Offer Sectarian Prayer

The Wall of Separation blog yesterday reported on language inserted by the House Armed Services Committee into H.R. 5122, the National Defense Authorization Act for Fiscal Year 2007. The provision will free military chaplains to offer sectarian prayer in most situations. Section 590 of the bill provides:

Each chaplain shall have the prerogative to pray according to the dictates of the chaplain’s own conscience, except as must be limited by military necessity, with any such limitation being imposed in the least restrictive manner feasible.

Current policies of the military and military academies generally call on chaplains to offer non-denominational inclusive prayers when offering invocations at military ceremonies. (See prior postings 1, 2 .) Yesterday's Washington Times, disclosing the language, quoted House Armed Services Committee Chairman Duncan Hunter who said it is "folly" to tell chaplains to "start editing prayers."

Court Holds RFRA Applies To Guantanamo Bay

Yesterday in Rasul v. Rumsfeld, 2006 U.S. Dist. LEXIS 26665 (D DC, May 8, 2006), the U.S. District Court for the District of Columbia held that the Religious Freedom Restoration Act applies to detention facilities at Guantanamo Bay in Cuba. It also held that RFRA applies to non-resident aliens, as well as U.S. citizens, and permitted four former Guantanamo detainees (all of whom are British citizens) to proceed with their claim that guards humiliated and harassed them as they tried to practice their religion while in custody. In February, the court had dismissed constitutional and international law claims raised by the same plaintiffs. (See prior posting.)

California Hearings On Bill To Limit Relief For Public Religious Displays

Today the California state Senate Judiciary Committee will hold hearings on SB 1499 which would limit lawsuits challenging the governmental display of religious symbols to ones seeking injunctive relief. Neither damages nor attorneys fees would be available in suits against public agencies and public officials who violate Section 4 of Article I of the California Constitution, if their challenged action consisted only of the public display of a religious symbol on an official seal, on a court house or other government facility, on public land, or on any veterans' memorial or monument. WorldNetDaily today has background on the bill.

Louisiana Senate Passes 10 Commandments Bill

State legislatures roll on with their attempts to restore the display of the Ten Commandments on public property. Yesterday, according to 2theadvocate.com, the Louisiana Senate voted 34-1, and sent on to the House, a bill that would permit display of the Ten Commandments along with other specified historical documents. Under the legislation (SB 476), the Secretary of State’s Archives Division is to prepare copies of the various historical documents quoted in the legislation in a form suitable for framing. The will then be available for a fee to state offices, clerks of court, judges or other local governing authorities.

Some Protestant Churches Oppose Federal Marriage Protection Amendment

The Ontario California Daily Bulletin today focuses on moves by a number of more liberal Protestant denominations to oppose the the proposed Federal Marriage Protection Amendment to the Constitution. That amendment would define marriage as a union between one man and one woman. A number of Baptist, Evangelical Lutheran, Episcopalian, and Unitarian churches oppose the amendment, arguing that it favors one religious view of marriage over others, and would codify that religious view in the Constitution.

Call For Implementing Civil Burial Option In Israel

In Israel, activists are calling for the new government to finally implement free civil burial options, in addition to the existing provision of religious burials at government expense. Yivat Solel, legal advisor to the Menucha Nechona (Rest in Peace) organization, writing an op-ed for YNet News says: "Ten years ago, Israel enacted a law requiring the state to provide burial options for all citizens, in accordance with their beliefs-- at no cost. But to date, the only cemetery in the country that has implemented the law is the regional cemetery in Beer Sheva." Solel charges that existing burial societies have impeded implementation of civil options to protect the revenue they now receive from conducting religious ceremonies.

UPDATE: Jerusalem's Mayor Uri Lublianski has announced that Jerusalem will create a cemetery for free burial of secular Israelis, despite opposition from the city's large ultra-Orthodox community. The first secular cemetery to be endorsed by a municipal government, it should be completed by 2007. (Haaretz, May 9.) [Thanks to Dick Schectman for the lead.]

Bank Charged With Unnecessarily Closing Muslim Charity's Account

The Washington Post over the week end reported that Muslim groups are launching a public campaign against Wachovia Corp. to force it to explain why it closed the bank account of a Herndon, Virginia Muslim social service organization. The treasurer of the Foundation for Appropriate and Immediate Temporary Help said she suspects that Wachovia closed its account because it received a donation from a charity run by a Muslim businessman whose home and offices were raided by federal agents. Banks are required to report suspicious financial activity in accounts to federal authorities. The cost of monitoring may lead a bank to decide that it is cheaper to close the account.

First Amendment Religion Casebooks and Texts Available

As the academic year ends, law school faculty may be considering books to use for next year's courses. Increasingly, the major law school publishers are offering casebooks and texts devoted solely to the Religion Clauses of the First Amendment. Here are the ones that are currently available:

Foundation Press:

• Volokh's The Religion Clauses and Related Statutes, Problems, Cases and Policy Arguments (2005).
• Conkle's Constitutional Law: The Religion Clauses (2003).
• Noonan and Gaffney's Religious Freedom: History, Cases Interaction of Religion and Government (2001, with 2005 Supplement).

Aspen

• Michael W. McConnell, John H. Garvey & Thomas C. Berg, Religion and the Constitution (2nd Edition, 2006).

Lexis-Nexis

• Stephen G. Gey, Religion and the State (2001, plus annual supplements).

West

• Ravitch's Law and Religion, A Reader: Concepts, Cases and Theory (2004).
• Berg's The State and Religion in a Nutshell (2nd Edition, 2004).
• Loewy's Religion and the Constitution: Cases and Materials (1999, with 2002 Supplement).

Egyptian Government Appeals Ruling Recognizing Bahai

In Egypt, the Interior Ministry yesterday filed an appeal asking the Supreme Administrative Court to reverse a ruling issued last month by a lower court recognizing the right of Bahais to have their religion acknowledged on official documents, including national identity cards. Reuters reports that the appeal was filed after many in Parliament argued that only religions recognized by Sunni Islam should appear on official government documents. That approach would limit the religions that could appear on official documents to Islam, Christianity and Judaism. The Interior Ministry suggests that adherents of other faiths should merely draw a line through the section of their national identity cards that calls for an indication of the individual's religion.

Recent Prisoner Free Exercise Decisions

In Sanders v. Zeller, 2006 U.S. Dist. LEXIS 26425 (ND Iowa, April 28, 2006), an Iowa federal district court rejected a free exercise claim brought by a Muslim inmate who was denied the right to attend one week's Friday Jummah service because of an error in recording of his religious preference on jail records.

In Jordan v. Lynn County Jail, 2006 U.S. Dist. LEXIS 26358 (ND Iowa, April 20, 2006), an Iowa federal district judge accepted a magistrate's recommendation to deny summary judgment to jail officials on an inmate's claim that he should have been allowed to attend Christian church services even though he also wanted to observe Muslim religious practices.

In Clark v. Levesque, 2006 U.S. Dist. LEXIS 25917 (D. Conn., March 17, 2006), a Connecticut federal district judge denied a Rastafarian prisoner's claim that his free exercise rights were violated when Connecticut prison officials, experiencing overcrowding at in-state facilities, transferred him to a federal correctional facility in Virginia with a strict grooming policy that disciplined him for refusing to cut his hair and shave. The court also rejected his claim that his treatment upon his return to a Connecticut prison was retaliation against him for practicing his religion.

Persecution Of Protestants Continues In Uzbekistan

Forum 18 last week reported on continued repression of Protestants in Uzbekistan. The report focuses on arrests and other actions taken against Jehovah's Witnesses and other Protestant churches. The Prosecutors Office forced a number of children who attended a Protestant Easter celebration to sign statements that they would no longer attend Christian services or meetings and that they were renouncing their Christian faith. Parents were pressured to sign promises that they would no longer "attract their children to Christianity", and were warned that failing to comply could result in their being deprived of their parental rights.

Librarian Wins On Claim For No Sunday Work

The Alliance Defense Fund announced on Friday that a federal court jury in Kansas City, Missouri has awarded damages for back pay in excess of $53,000 to a librarian formerly employed by the Rolling Hills Consolidated Library System. Librarian Constance Rehm prevailed on her claim against the public library system that it had failed to adequately accommodate her need to abstain from work on Sunday for religious reasons. Rehm was fired for insubordination shortly after she requested a change in her work schedule. (Background.) Rehm's suit was based on Title VII of the 1964 Civil Rights Act which applies to both public and private employers.

Competing 10 Commandments-Amendments Days Declared For Today

A number of religious leaders, including religious broadcasters, have formed the Ten Commandments Commission and declared today to be the First Annual Ten Commandments Day. The Commission was formed "to counter the secular agenda and help restore the Ten Commandments and Judeo-Christian values to their rightful place in our society." Radio and television stations around the country today will be broadcasting a special program for the occasion.

Meanwhile, a competing group has declared today to be Ten Amendments Day. Its website says: "On May 7th, a Ten Commandments Day Commission and millions of followers are lobbying to replace the Ten Amendments with the Ten Commandments, replacing our civil rights with their religious preferences. This attempt to align the power of government with the authority of God challenges the Establishment Clause of the First Amendment and endangers the rights protected by the other Nine."

FLDS Jeffs Placed On FBI's Most Wanted List

Warren Jeffs, former leader of the FLDS Church, has has joint Usama Bin Laden and others on the FBI's Ten Most Wanted Fugitives list, according to CBS/AP. Jeffs, who was the leader of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints based in Utah and Colorado, is wanted on charges of arranging marriages between underage girls and older men, sexual conduct with a minor, and rape as an accomplice. (See prior posting.)

Recent Books and Articles On Church-State Issues

Books:

• Former Secretary of State Madeline Albright has published The Mighty and the Almighty: Reflections on America, God, and World Affairs, (Harper Collins, 2006). This week, Time carries an interview with her about the book.
• David L. Holmes, The Faiths of the Founding Fathers, (Oxford University Press, 2006). The book is reviewed in today's New York Times, along with two others in a review essay titled Keeping the Faith at Arms Length.

Articles from SSRN:

• Ira C. Lupu & Robert W. Tuttle, Federalism and Faith, (forthcoming, Emory Law Journal, Vol. 56, No. 1).
• Larry Alexander & Frederick Schauer, Law's Limited Domain Confronts Morality's Universal Empire, (forthcoming,William and Mary Law Review).
• Matthew L.M. Fletcher, American Indian Religious Freedom Act, and Indian Bill of Rights (forthcoming, Encyclopedia of American Civil Liberties).

From SmartCILP:

• Mark E. Chopko & Michael F. Moses, Freedom To Be a Church: Confronting Challenges To the Right of Church Autonomy, 3 Georgetown Journal of Law & Public Policy 387-452 (2005).
• Jonathan C. Lipson, When Churches Fail: The Diocesan Debtor Dilemmas, 79 Southern Calif. Law Review 363-454 (2006).

In Jamaica, Outlawed Occult Practices Are Popular

Today's Jamaica Observer has a long article on the ritual of obeah whose practice is widespread on the island of Jamaica even though it has been outlawed for 246 years. Obeah includes a wide range of rituals concerned with divination, healing, ancestral veneration, and manipulating and controlling supernatural forces. The Obeah Act subjects to up to a year in prison "any person who, to effect any fraudulent or unlawful purpose, or for gain, or for the purpose of frightening any person, uses, or pretends to use any occult means, or pretends to possess any supernatural power or knowledge." However at least two pharmacies in downtown Kingston carry carved candles and potions used in the myal branch of obeah.

South African Muslim Challenges Dress Code for Prison Employees

In South Africa, a Muslim prison social worker has been dismissed by the country's Correctional Services department for refusing to remove her headscarf and tuck in her shirt for religious reasons, according to IOL on Friday. Muslim women are required by Sharia to cover their hair and the shape of their bodies. The Muslim Judicial Council plans to challenge the dismissal of Fairouz Adams in the Labour Court, after Adams internal appeals were rejected. The Council argues that enforcing the department's dress code in this manner unconstitutionally infringes on Adams' religious freedom protected by Sec. 15 of the South African Constitution.

Profile Of Native American Prison Spiritual Leader

Friday's Sonora, California Union Democrat carries a profile of Charles "Golden Bear" Freer, who is employed as a Native American spiritual leader by Sierra Conservation Center and 3 other northern California prisons. The article traces how Freer, a Comanche, came to his current position after early battles with depression and alcoholism. Freer says that while spirituality can help ease the pain of prison life, the real need is for half-way houses tailored to the needs of Native American prisoners once they are released.

Church Sues Defrocked Priest For Breach Of Agreement

Court TV yesterday reported on the details of a fascinating lawsuit filed last December by the Catholic Diocese of Toledo, Ohio against a defrocked priest, Chet Warren. After the Diocese concluded that child abuse charges lodged against Warren were credible, it expelled him from his religious order and banned him from any form of religious ministry. However, the Diocese allowed Warren to continue to attend Mass. Also the pastor of Blessed Sacrament Church agreed with Warren that he could visit a separate Eucharistic Chapel that is inside the Church, but only at limited times and under restricted conditions. Parishioners, however, discovered that Warren was violating his agreement by visiting the chapel at hours of his own choosing and while wearing clerical garb. The chapel is close to areas of the church frequented by children. So the Diocese has sued Warren for breach of contract and trespass, asking the court to order Warren to abide by his agreement or else to exclude him totally from any part of Blessed Sacrament church’s premises.

The complaint (full text) also asks for nominal monetary damages. Warren has filed an answer (full text) containing general denials and several affirmative defenses.

Bureau of Prisons Sued Over "Life Connections" Program

The Freedom From Religion Foundation announced yesterday that it has filed suit against the Attorney General, the Federal Bureau of Prisons, and the Office of Management and Budget to challenge the Bureau of Prison’s faith-based Life Connections Program. Three federal taxpayers are also plaintiffs in the suit filed in federal district court in Wisconsin. The FFRF Complaint alleges that the challenged program is "designed to effect personal transformation using the participant's faith commitment." It was created by Bureau Chaplain Kendall Hughes as a faith-based model "based on the premise that inmates should pursue, nurture and commit themselves to religious faith." Life Connections is operating in at least 5 institutions, and the Bureau is now soliciting proposals for a pilot "single-faith" residential re-entry program. (See prior posting.) The lawsuit claims that federal funding of Life Connections violates the Establishment Clause. It also challenges the practice of the Office of Management and Budget in “grading” agencies on the extent to which they have increased funding to faith-based agencies.

On Balkinization last month, Marty Lederman posted the arguments that support FFRF’s claim of unconstitutionality. He concluded: "With all of these constitutional infirmities, it is hard to imagine that the Office of Legal Counsel signed off on this BOP program."

China Reacts To Criticism Of Its Policies On Religious Issues

A Chinese Foreign Ministry spokesman on Saturday denounced the recent report of the U.S. Commission on International Religious Freedom that names China as one of eleven “countries of particular concern”. Xinhua reports on the Ministry’s reaction. The Ministry says that China protects its citizens’ religious freedom, and that the USCIRF report encourages the practice of the Falungong "cult".

At the same time, China seems to be attempting to patch up its dispute with the Vatican. Reuters reports that the Vatican’s choice, Father Paul Pei Junmin, will be consecrated as a bishop in Shenyang on Sunday morning. Earlier this week, to the dismay of Pope Benedict XVI, China's Church appointed two bishops who had not been approved by the Vatican.

Church Precluded From Asserting Statute of Limitations In Priest Sex Case

Yesterday in Doe v. Archdiocese of Cincinnati, (Ohio Ct. App., May 5, 2006), an Ohio appellate court applied the doctrine of equitable estoppel to preclude the Archdiocese of Cincinnati from invoking the statute of limitations in a suit growing out of a high schooler’s 1965 sexual relations with her priest and the resulting pregnancy. The plaintiff, identified merely as Jane Doe, alleged that various members of the Archdiocese knew about the situation and the Archdiocese paid for her to spend most of her pregnancy at a home for unwed, pregnant teenagers. A nun, who had been one of Doe’s teachers, then pressured Doe to give up the baby for adoption and remain silent about the identity of the child’s father. Among other things, the nun, Sister Mary Patrick, told Doe that her baby would not be baptized, and so not cleansed of original sin, if she did not consent to an adoption.

The court also rejected the Church’s contention that the case would involve it in deciding the legitimacy of Church doctrine on issues such as baptism and sin, in violation of the First Amendment’s free exercise guaranty. The court found Doe’s complaint sufficiently alleged that the Archdiocese’s actions were in fact motivated by a secular purpose—the Church’s interest in not paying child support.

Reporting on the decision today, the Cincinnati Enquirer said that Doe and her daughter were recently reunited after the daughter began searching for her birth mother.

Pope and EC President Meet

AKI reports that on Friday, Pope Benedict XVI for the first time met with European Commission President José Manuel Barroso. Responding to the Pipe’s concern about freedom of worship, Barroso said: "Freedom of religion is not negotiable, arises from the fundamental rights of people and communities, and is a cornerstone of European law. Mutual respect and understanding are our basic principle, along with democracy, dialogue and debate." They also discussed inter-religious and inter-cultural dialogue, and the fight against poverty.

Class Action Claims Discriminatory Citizenship Delay For Muslim Men

Yesterday’s Chicago Tribune reported that ten Muslim men have filed a class action in federal court in Illinois alleging that the U.S. Attorney General, the Department of Homeland Security and the FBI have illegally delayed their being sworn in as U.S. citizens, even though they have met all the citizenship requirements. The suit alleges that they should have been sworn in within 120 days of qualifying, but instead they and other Muslim males have been waiting for a year or more. The inability to become a citizen prevents an individual from voting and from holding certain government jobs.

Establishment Claims At Hawaii Youth Correctional Facility Not Proven

In R.G. v. Koller, 2006 U.S. Dist. LEXIS 24968 (D Haw., Feb. 7, 2006), a Hawaii federal district court refused to grant a preliminary injunction in a suit by teenagers confined at the Hawaiian Youth Correctional Facility who claimed that HYCF violated the Establishment Clause. Plaintiffs alleged that HYCF endorsed religion by allowing the wards to keep only Bibles and no other personal belongings or books in their cells. They also claimed that certain HYCF staff members promoted religion, often discussing religious teachings and quoting from the Bible, and that HYCF ratified the conduct of these staff members. The Court found that the evidence was not sufficient to support these claims. The court did, however, preliminarily enjoin various other practices at HYCF, finding them to be a violation of the due process clause.

School Prayer Amendment Introduced In House

The Huntington News reports that yesterday in the U.S. House of Representatives, West Virginia Congressman Nick J. Rahall introduced a proposed Constitutional amendment (H.J. Res. 85) that would permit voluntary school prayer. The proposal is identical to the one introduced in the Senate last week by Sen. Robert Byrd. Rahall timed his introduction of the amendment to coincide with the National Day of Prayer.

Student Sues After Ban On Handing Out Religious Literature

Today's Charlotte Observer reports on a federal lawsuit that has been filed in North Carolina by a ninth-grade student who claims that he was disciplined for passing out flyers in his school during non-class time. After the Gay, Lesbian, Straight Education Network at Dunn, North Carolina's Midway High School sponsored April 26 as a Day of Silence, student Benjamin Arthurs came to school wearing a Day of Truth shirt, and handed out cards presenting a Christian viewpoint on homosexual behavior. The principal had told Arthurs that he could not hand out his literature because he would be pushing his religion on other students. When Arthurs ignored the ban, he was given a one-day suspension. The student is represented by the Alliance Defense Fund. The complaint in Arthurs v. Sampson County Board of Education asks the court to declare the school's policy unconstitutional under the 1st and 14th amendments, and to enjoin further application of the policy.

More Litigation on Kentucky Statehouse 10 Commandments

The legal sparring continues in Kentucky's efforts to install a Ten Commandments monument on its Capitol grounds. In March, Governor Ernie Fletcher signed a law authorizing the monument. (See prior posting.) However, in 2000, in Adland v. Russ, a federal district court had issued an injunction prohibiting a 10 Commandments display that the state legislature had authorized by joint resolution. So yesterday the ACLU went back to court claiming that placing the monument on government property, under Kentucky's new legislation, will violate that injunction. The governor's office says it has no intention of moving ahead until it gets the injunction lifted. ACLU attorney David Friedman says, "We hope to persuade the court that the legislature's newly discovered 'historical purpose' for erecting the monument is a thinly disguised sham for its original religious purpose." Developments are reported by the Lexington Herald-Leader and the Louisville Courier-Journal.

6th Circuit Rejects Claim By Prison Chaplain

In Akridge v. Wilkinson, (6th Cir., April 26, 2006), the U.S. 6th Circuit Court of Appeals has rejected a claim by a Baptist minister employed as a chaplain in the Ohio prison system. Ohio Department of Rehabilitation and Correction (ODRC) officials fined Chaplain William Akridge two days' pay after he refused to comply with their directive to allow an openly gay inmate to lead a choir or praise band that was scheduled to participate in Protestant services at the Madison Correctional Institution. Akridge had argued that his refusal to place the inmate a position of leadership in the worship service was speech protected by the First Amendment. However the court found that the state's interest in preventing discrimination, in protecting inmates' free exercise rights and in enforcing discipline among prison employees all justified ODRC's action. Yesterday's Gay City News reported on the decision.

Arizona State CLS Gets Limited Attorneys' Fees Award

Last September, the Christian Legal Society settled the lawsuit it had brought against Arizona State University. The parties agreed that CLS could limit its membership to Christians, but could not discriminate on the basis of sexual orientation. (See prior posting.) Now the Arizona federal district court has ruled in CLS's claim for an award of attorneys' fees, and has permitted only 20% of the fees claimed because of the limited success of counsel in achieving CLS's original goals in the settlement. Christian Legal Soc'y. Chptr. at Arizona State Univ. College of Law v. Crow, 2006 U.S. Dist. LEXIS 25579 (D. Ariz., April 28, 206).

Knoxville School Board Passes Policy On Religious Expression

A pending lawsuit against the Knoxville, Tennessee schools over student rights may now be closer to final dismissal. (See prior postings 1, 2.) The Knox County School Board on Wednesday unanimously passed a policy clearly permitting students to freely engage in religious exercise and expression during discretionary times, such as recess, so long as they do not disrupt the educational process, harass others or prevent school officials from maintaining order. A second vote on the school board's new rules is required for them to become final. The Knoxville News Sentinel yesterday reported on these developments, as well as on a second resolution passed by the board affirming that the school system complies with state and federal laws on religion and religious expression in schools.

Today Is "National Day of Prayer"-- With A Long Prelude

May 4 is this year's National Day of Prayer. President Bush yesterday issued a Presidential Proclamation, as required by 36 USC Sec. 119 , to mark the first Thursday in May as a time "on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals." The President said that the day reaffirms the role of prayer in American culture.

In anticipation of the day, advocacy organizations this week issued competing press releases. American Atheists said that the role of the day is "to distract public attention from real political and social problems facing the American people." Meanwhile, the Alliance Defense Fund announced that it had sent a letter to 1200 cities encouraging local officials to participate in activities recognizing the National Day of Prayer. It also said that there is no obligation to give parallel recognition to atheists or others who do not participate in the Day's observances. ADF offered free legal representation in the event a city is sued over observing the day.

Today's Christian Science Monitor reports on yet another prelude to the Day. Evangelical Christian groups are conducting the 17th Annual U.S. Capitol Bible Reading Marathon on the west lawn of the U.S Capitol. The 90 hour event, ending today, began with the reading of Genesis and will conclude with a unison reading of the last two chapters of the book of Revelation. Two dozen members of Congress and their staffers are among those who have read from the Bible's text. Critics say that the event is an attempt by evangelicals to link government to Christian ideals. Supporters say that the event is merely a reminder of the important role that faith played in America's founding. In a related matter, members of Congress and historians are debating how prominent the Bible should be in the displays on the history of the Congress that will be in the $522 million Capitol Visitors Center that will open in 2007.

UPDATE: Religion News Service today reported on ceremonies at the White House to observe the National Day of Prayer. The 150 invited guests at the ceremony represented Christians, Jews, Muslims and Buddhists.

7th Circuit Denies En Banc Review In Taxpayer Standing Case

Yesterday , in Freedom From Religion Foundation v. Chao, (7th Cir., May 3, 2006), by a vote of of 7-4, the U.S. 7th Circuit Court of Appeals denied en banc review of a 3-judge panel's decision in an Establishment Clause case. At issue was whether taxpayers have standing to challenge purely Executive Branch spending decisions that may promote religion. The panel held that taxpayers had standing to challenge White House spending from a general appropriation to promote President Bush's Faith-Based Initiative, even though Congress had not earmarked the funds for that specific purpose. Judges Flaum and Easterbrook both wrote opinions concurring in the denial of review. Judge Ripple , who was the dissenting member of the panel whose decision was being appealed, wrote a dissent from the denial of review which 3 other judges joined.

Federal Judge Moves To Enforce Removal Of Mt. Soledad Cross

In San Diego, California yesterday, a federal judge moved to enforce a permanent injunction that he first issued in 1991, requiring the city of San Diego to remove the cross that sits atop Mt. Soledad. For over a decade the city has sought ways to avoid the ruling, most recently by trying to transfer the property on which the cross sits to the federal government. That attempt was struck down by a state trial court as unconstitutional under California's constitution, but the decision is on appeal. But now, according to yesterday's San Diego Tribune, U.S. district judge Gordon Thompson is threatening to fine the city of San Diego $5000 per day if it does not remove the cross. Of course, Thompson's order to comply may be appealed. Here are prior postings tracing the long history of this dispute: 1, 2, 3, 4, 5.

UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)

UAE Police Investigating Illegal Pro-Christian Pamphlets

In Dubai on Wednesday morning, according to Gulf News, residents were angered by the comic-book style pamphlets they found on at least 20 car windshields. The booklet told the story of a Mulsim man who denounces his faith and converts to Christianity. In the story, a Christian man describes Muslims as "moon worshippers" and claims that Islam is a false religion. A Muslim in the story says that the "Islamic flag" will fly over the White House by 2010, at which time Muslims will kill all "infidels".

Dubai police will investigate since preaching faiths other than Islam is a criminal offence in the UAE. It is punishable by a prison sentence of up to ten years followed by deportation. Distributing pamphlets without a license is also illegal.

ACLU Director Criticizes Suit Seeking Parental Notice On Class Content

Today's Lexington (Massachusetts) Minuteman carries an op-ed piece by Carol Rose, executive director of the Massachusetts ACLU, critical of a suit filed last week against Lexington school officials by parents who claim that their religious freedom is infringed when, without prior notice, their children's classes discuss gay or lesbian issues, and when school textbooks depict gays and lesbians. Rose says that free exercise "has never meant that individual parents could demand prior notice of discussions in the public schools that might be at odds with one group's religious views."

Courting The Religious Right In Gubernatorial Primaries-- An Update

Appeals to the Christian right in state gubernatorial races seems to be producing mixed results. Yesterday in Ohio, Secretary of State Kenneth Blackwell, a favorite of Ohio's "Patriot Pastors", won the Republican primary, defeating Attorney General Jim Petro, who had also made appeals to religion in his campaign ads. On the Democratic side, voters nominated Ted Strickland to run for governor. Currently a member of Congress, Strickland is an ordained Methodist minister. Today's Columbus Dispatch reported on the primary results.

Meanwhile, in Alabama, former state chief justice Roy Moore who is running in the Republican gubernatorial primary on June 6, is trailing his primary opponent, Gov. Bob Riley, by a 2-1 margin according to today's Washington Post. Moore achieved the status of a hero among the Christian right after his defense of a 10 Commandments monument he placed in the rotunda of the state judicial building in 2001. Riley, however, has not ignored the religious issue. He holds weekly Bible study classes with his staff.

China-Vatican Reconciliation Derailed By Appointment of Bishops

Both the New York Times and BBC News report that what less than two weeks ago looked like improved relations between China and the Vatican now seems to have been derailed as China's Catholic Church installed two bishops in the last three days without Vatican approval. The Chinese Catholic Patriotic Association, the alternative church hierarchy in China, picked the two prelates, but it is likely that the moves had top-level government approval.

UPDATE: On Thursday, Pope Benedict XVI strongly condemned China's conduct. (Reuters report.)

Commission On International Religious Freedom Releases Report

Today, the United States Commission on International Religious Freedom announced this year's recommendations from it to the Secretary of State on countries that should be designated "countries of particular concern" under the 1998 International Religious Freedom Act. Eleven countries found to be the most egregious violators of principles of religious liberty were named: Burma, North Korea, Eritrea, Iran, Pakistan, China, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan and Vietnam. Put on a "watch list" this year were Afghanistan, Bangladesh, Belarus, Cuba, Egypt, Indonesia, and Nigeria. Also, USCIRF is closely monitoring developments in India, Russia, Sri Lanka and Iraq. Today the Commission also released its 2006 Annual Report on policy recommendations to promote international religious freedom. The recommendations of USCIRF were highlighted in a reports published in today's South Africa Mail & Guardian, and by Voice of America.

University of Wisconsin To Permit Disputed Funding Of Catholic Group

The Associated Press reported yesterday that University of Wisconsin-Madison Chancellor John Wiley says that despite his reservations on church-state grounds, he will recommend to the Board of Regents that the University's Roman Catholic Foundation get $145,000 in funding that will be used to run an evangelical ministry, hold prayer groups and print Lenten booklets and weekly bulletins. (See prior posting.) Students leaders approved the funding from student fees earlier this year. The Catholic Foundation, represented by the Alliance Defense Fund, had threatened to sue, saying that denial of funding would amount to unconstitutional viewpoint discrimination in the distribution of student fees. On the other hand, the Freedom From Religion Foundation now says it will likely file suit challenging approval of the funding as a violation of the separation of church and state. Chancellor Wiley said that in the future he will not support similar funding without more information on how it will be used.

European Court Vindicates Convicted Turkish Author

The European Court of Human Rights announced today that it has issued an opinion holding that the conviction of a Turkish author for defiling religion violates the freedom of expression protections in Article 10 of the European Convention on Human Rights. The judgment awarded damages in the amount of 3000 Euros to Aydın Tatlav who wrote a book titled Islamiyet Gercegi ("The Reality of Islam"). The book takes the position that religion has had the effect of legitimizing social injustices by portraying them as "God's will". First published in 1992, the book's 5th edition was published in 1996. It was at that time that a prosecution was initiated by Turkish authorities upon complaint of a private citizen. The European Court said that Tatlav's conviction, with a risk of imprisonment, might discourage authors and editors from publishing opinions about religion that were not conformist and could impede the protection of pluralism, which was indispensable for the healthy development of a democratic society.

School Board Member Dismissed As Defendant Cannot Continue In Case

In federal district court in Delaware, Judge Joseph Farnan has said that Indian River school board member Reginald Helms may not continue to be represented in court once he has been dismissed as a defendant in a case challenging the constitutionality of explicitly Christian prayers at school functions. Only the school district remains as a defendant, and it is being represented by lawyers for its insurance company. The Wilmington News-Journal today reports on the ruling. Helms, represented by high-profile Wilmington lawyer Thomas Neuberger, had contended that a judgment against the school district would still impact his personal First Amendment rights, but Judge Farnan said that if that were the case, Helms would need to file a separate suit. Meanwhile, the school district's insurers are claiming that they should be able to stop paying for the district's defense because the school board voted down a settlement offer from plaintiffs.

May Designated Jewish American Heritage Month

May has been designated as Jewish American Heritage Month. Today's Jewish Advocate carries a story about the efforts in Congress that led to President Bush issuing a Proclamation on April 21 (full text) establishing May 2006 as a time to "celebrate the rich history of the Jewish people in America and honor the great contributions they have made to our country."

10 Commandments Trial In Oklahoma

The Tulsa World today describes the testimony in an ongoing trial in Muskogee, Oklahoma, challenging a Ten Commandments monument on the Haskell County courthouse lawn. The testimony focused largely on the intent of the county in erecting the monument. Haskell County Commission Chairman Henry Few said that the Commandments are "a part of Haskell County history" similar to other monuments on the courthouse lawn that honor war veterans, the Choctaw tribe and Stigler High School's 1954 graduating class. However, Pastor Mike Bush, who suggested the monument in 2004, testified that "the Lord just burdened my heart" with the need for the monument. After the county commission approved Bush's proposal, members of 17 area churches raised the $2,000 needed to construct it.

ERISA Exemption For Church Plans Endangers Pensions Of Many Employees

Today's New York Times discusses the growing number of religiously-affiliated hospitals, schools, nursing homes, seminaries and charities that are taking advantage of an exemption for "church plans" in ERISA, the federal law that regulates pensions. Many employees are unaware that their employer has taken advantage of the exemption and that their pensions are no longer covered by federal insurance.

9th Circuit Upholds Limits On Public Employee Religious Expression

Yesterday, in Berry v. Department of Social Services, (9th Cir., May 1, 2006), the U.S. 9th Circuit Court of Appeals upheld the Tehama (California) County Department of Social Services' rules that limited religious expression by its employees. Daniel Berry, an evangelical Christian who worked for the Department, believed that he should share his faith and, where appropriate, pray with other Christians. He challenged the Departmental rules, but the court found that the agency had struck an appropriate balance between the employee's free exercise rights and its concern that the agency not be seen as endorsing a particular religion. The court said in part:

While it allowed employees to discuss religion among themselves, it avoided the shoals of the Establishment Clause by forbidding them from discussing religion with its clients. Similarly, the Department allowed employees to display religious items, except where their viewing by the Department's clients might imply endorsement thus evading the reef of the Establishment Clause. The Department did not prohibit its employees from holding prayer meetings in the common break room or outside, but declined to open the Red Bluff Room to employee social or religious meetings as such use might convert the conference room into a public forum. We conclude that these restrictions were reasonable and the Department's reasons for imposing them outweigh any resulting curtailment of Mr. Berry's rights under the First Amendment of the United States Constitution or Title VII of the Civil Rights Act of 1964.

The case was discussed in an Associated Press report yesterday.