Recent Prisoner Free Exercise Cases

In Alvarez v. Hill, (9th Cir., March 13, 2008), the U.S. 9th Circuit Court of Appeals reversed a district court's grant of summary judgment to prison officials in a pro se religious freedom case brought by a Native American prisoner. The court rejected appellants' contention that RLUIPA had to be specifically cited in order to bring a RLUIPA complaint, particularly in view of the lenience traditionally granted to pro se pleadings. (See prior related posting.)

In Pressley v. Johnson, (3rd Cir., March 10, 2008), the U.S. 3rd Circuit Court of Appeals affirmed dismissal of a prisoner's claim that his religious materials had been destroyed. The court said that plaintiff failed to elaborate on what religious materials were confiscated or how the destruction infringed his free exercise rights.

In Shabazz v. Barrow, 2008 U.S. Dist. LEXIS 18130 (MD GA, March 10, 2008), a Georgia federal district court agreed with a federal magistrate's determination that a prison had legitimate penological interests in refusing separate worship services for Nation of Islam inmates.

In Ibrahim v. District of Columbia, (D DC, March 12, 2008), the federal district court for the District of Columbia held that it lacked personal jurisdiction over an individual prison employee who was sued for damages for denying plaintiff his leather kufi that he wears for religious reasons.

In Scott v. California Supreme Court, 2008 U.S. Dist. LEXIS 19040 (ED CA, March 12, 2008), a California federal district court remanded to a federal magistrate judge a prisoner's complaint that he was not permitted to change his name for religious reasons. The remand was occasioned by the 9th Circuit's intervening rejection of the "centrality of belief" test in Shakur v. Schriro.

In Hill v. Pylant, 2008 U.S. Dist. LEXIS 19142 (WD LA, Jan. 18, 2008), a Louisiana federal magistrate judge recommended that a Muslim prisoner's free exercise and RLUIPA claims be dismissed as frivolous. Plaintiff sought to have the prison arrange for Islamic clergy with call outs for Islamic prayer, but the court found that there was a lack of available clergy or volunteers. As to an allegation about religious diet, the court said that plaintiff did not allege that he was prevented from observing Islamic dietary practices.

In Harnett v. Barr, 2008 U.S. Dist. LEXIS 19236 (ND NY, March 10, 2008), a New York federal district court permitted a Muslim inmate to proceed with free exercise and RLUIPA claims. Plaintiff alleged that officials threw away away his Ramadan food during a cell search, that he was denied a "sweet breakfast" at the end of Ramadan, and that he was denied permission to hem his pants above his ankles and to save food in his cell on Mondays and Thursdays.

In Viggers v. Crawford, 2008 U.S. Dist. LEXIS 19395 (WD MO, March 10, 2008), a Missouri federal district court rejected a magistrate's recommendation to dismiss free exercise and RLUIPA claims brought by a Native American prisoner. The court said that it must determine whether a personalized-length smoking pipe is a central tenant of plaintiff's Native American religion and whether the denial of such a pipe substantially burdens the practice of plaintiff's Native American religion. UPDATE: The magistrate's recommendation is at 2008 U.S. Dist. LEXIS 22051 (WD MO, Jan. 31, 2008).

The Sioux Falls (SD) Argus Leader reports on a South Dakota federal magistrate judge's report filed March 5 recommending dismissal of free exercise claims brought by a convicted killer who is an Asatru adherent. After prior litigation, prisoner Darrell Hoadley had been permitted to have a ritual drinking horn, wooden wand and wooden hammer. Now he is seeking additional items, including horse meat and a plastic sword. The court concluded that Hoadley's religious freedom has not been meaningfully curtailed, and that because his security status bars him from group religious activity, he cannot bring a class action on behalf of others. UPDATE: The Argus Leader reports that on March 31 the court dismissed Hoadley's claims, adopting the magistrate's report and recommendations.

Town Trustee's Suit Over Pledge Refusal Recall Is Dismissed

In Habecker v. Town of Estes Park, Colorado, (10th Cir., March 14, 2008), the U.S. 10th Circuit Court of Appeals affirmed a lower court's dismissal on justiciability grounds of a lawsuit brought by a former Trustee of the Town of Estes Park. (See prior posting.) Trustee David Habecker, an atheist, was recalled by voters after he refused to stand and recite the pledge of allegiance at Estes Park Board meetings. He objected to the phrase "under God" in the pledge. Habecker sued the town and members of the recall committee alleging violations of the Establishment Clause and of the Constitution's prohibition on creating a religious test for office. The Court of Appeals concluded that Habecker's "loss of elected office, although an injury in fact, was the result of an intervening cause—the electorate—and is not fairly traceable to the defendants. His claimed injury based on social pressure to recite the Pledge does not constitute an injury in fact under Article III, and any controversy arising from an injury based on exposure to the Pledge is now moot given that Habecker is no longer required to attend Board meetings." [Thanks to How Appealing for the lead.]

State Department Releases Report On Global Anti-Semitism

Yesterday, the U.S. State Department's Office of the Special Envoy for Monitoring and Combating Anti-Semitism provided Congress with a report titled Contemporary Global Anti-Semitism. It is a follow-up to a similar report issued three years ago. As described by the State Department's release:

This report ... reflects the United States' deep commitment to take a strong stand against growing anti-Semitism around the world. [It] ... is dedicated to the memory of Tom Lantos.... The report is thematic in nature and ... provides a broad overview of anti-Semitic incidents, discourse and trends. [It] ... documents traditional forms of anti-Semitism ... but also discusses new manifestations ... including instances when criticism of Israel and Zionism crosses the line into anti-Semitism. The report covers anti-Semitism in both government and private media, and within the United Nations system. It concludes with a review of governmental and nongovernmental efforts to combat the problem. The report is meant to serve as a resource for increasing understanding of contemporary forms of anti-Semitism and for shaping strategies to combat this growing problem worldwide.

Columnist Says Islam Is Central In Minnesota Charter School

Columnist Katherine Kersten in last Sunday's Minneapolis Star Tribune discusses a cultural identity publicly-funded charter school operating in Minnesota's Twin Cities area. The Tarek ibn Ziyad Academy (TIZA) enrolls around 300 children in grades K-8. The school has a waiting list of 1500, and last fall it opened a second campus. Most enrollees are children of Muslim immigrant families. The school says that it focuses on "traditions, histories, civilizations and accomplishments of the eastern world (Africa, Asia and Middle East)." Kersten says, however, that "the line between religion and culture is often blurry. There are strong indications that religion plays a central role at TIZA." Its co-founders were imams. The school shares a building with the Muslim American Society of Minnesota and a mosque. After-school Islamic studies are offered in the same building. Indeed, the school was originally envisioned as a private Islamic school.

School Sued Over Denial of Space For Students To Meet To Pray and Talk

On Wednesday, the Alliance Defense Fund announced that it has filed suit in federal district court against the East Valley School District in Washington state on behalf of a Christian high school student. The student was refused permission to meet in an unoccupied room at East Valley High School during the lunch hour with a handful of other students to fast, pray and discuss various matters from a religious perspective. The refusal was based on a District policy that bars religious services, programs or assemblies during school hours. The complaint in A.L. v. East Valley School District No. 361, alleges that this policy violates the free speech free exercise, equal protection and due process clauses of the U.S. Constitution.

Map Discloses State Free Exercise Tests

Prof. Eugene Volokh has posted on his website his religious accommodation regime map of the United States (from the upcoming new edition of The First Amendment: Law, Cases, Problems, and Policy Arguments ). The useful map focuses on whether each state's law requires strict scrutiny of alleged free exercise infringements. It divides states into seven different categories.

Violent Demonstrations By Tibetan Monks Seek More Religious Freedom

The London Times reports today on serious violence in the Tibetan capital of Lhasa as monks seeking greater religious freedom attempted to stage a demonstration. Police tried to keep the monks from the ancient Ramoche monastery from entering the streets. The monks, opposed to Chinese rule in Tibet, have engaged in demonstrations for a week. They have gained particular attention because of the upcoming Olympic games. Today's Wall Street Journal reports that protesters plan to use the high profile Olympic torch relay to call further attention to their cause.

German Schools Will Offer Course In Islam As Alternative

In German schools, students are required to take classes in religion. Currently they have a choice of courses in Roman Catholicism, Protestantism or Judaism, and in many schools an alternative course in ethics. According to yesterday's International Herald Tribune, Interior Minister Wolfgang Schäuble has decided that schools should also offer a course in Islam as an alternative. An agreement will need to be worked out with leaders of Germany's Muslim community to effectuate the change. Most Muslims in Germany are Turks. Schäuble says the course in Islam must be offered in German.

Wisconsin's Governor Signs Bill On Aid To Sexual Assault Victims

Wisconsin's Governor Jim Doyle yesterday signed AB 377 that requires all hospitals to provide emergency contraception to any victim of sexual assault who requests it. Madison's Capital Times reports however that Pro-Life Wisconsin says the new law is unconstitutional, arguing that it violates the "right of conscience" clause of Wisconsin's Constitution and the Free Exercise clause of the First Amendment. The organization's press release refers to the bill as the Chemical Abortion Hospital Mandate.

British Town Council Concerned With Propriety of Opening Prayer

Contention over opening city council meetings with sectarian prayer has now made its way to Britain. This Is London reported yesterday that the National Association of Local Councils has advised the town council in Bideford, North Devon that its 400 year old tradition of opening meetings with a prayer may run afoul of Britain's Race Discrimination Act and its Human Rights Act. It may also violate Art. 9 of the European Convention on Human Rights. Town clerk George McLauchlan had asked the NALC for advice after one member of council proposed eliminating the prayer.

European Court Finds Greece Violated Religious Rights of Bar Applicant

Spero News today reports on a freedom of religion decision handed down last month by the European Court of Human Rights-- Alexandridis v. Greece (application number 19516/2006, ECHR, Feb. 21, 2008). The full text is available in French [word doc]. The Court held that Greece violated Art. 9 of the European Convention on Human Rights when it insisted that Theodoros Alexandridis, being sworn in as a member of the bar, sign a document indicating that he is not an Orthodox Christian before he was permitted to make a solemn declaration instead of taking a religious oath. The demand violated his right "not to have to manifest his religious beliefs". Alexandridis was awarded damages of 2000 Euros.

Bangladesh Backs Off Equal Property Rigths For Women After Clerics Protest

In Bangladesh last week, the interim government of Fakhruddin Ahmed announced a National Women Development Policy that included enactment of laws entitling women to equal property rights. (BBC). The proposal would have eliminated the disparity that now exists under which a daughter inherits only half as much as her brother. However, according to an AFP report yesterday, the government has changed course after objections from Islamic clerics and scholars. They say that the new proposal would be inconsistent with Islamic sharia law. Sharia governs inheritance and marriage for the 90% of the country's population who are Muslims. After threats of nationwide protests, law minister Hasan Arif said the government "does not have any plan to enact any laws that goes against the Koran and the traditions of Prophet Mohammad."

Israel's Supreme Court Finds Kibbutz Exception To Sabbath Closing Law

A three-judge panel of Israel's Supreme Court earlier this month overruled the decision of a regional Labor Court and held that the Hours of Work and Rest Law does not apply to stores owned by a kibbutz and operated by kibbutz members. March 7 Haaretz reported that the decision permits kibbutz businesses to remain open on Saturdays. [Thanks to Religion and State in Israel for the lead.]

Suit Claims NY State Kosher Inspectors Are Exceeding Their Authority

Yesterday's New York Jewish Week reports that a lawsuit has been filed in federal district court in New York by three kosher butchers who are seeking to require state inspectors to comply with a 2005 law that changed the way in which the state attempts to make sure that consumers are not misled when purchasing kosher meat. After the Second Circuit upheld a district court's determination that the state's prior kosher fraud law violated the Establishment Clause, the legislature passed a law creating an Internet database in which sellers of kosher food are required to submit specified information, particularly the name of the organization or individual that certifies their products as kosher. (Background). In the new lawsuit, butchers Brian, Jeffrey and Evelyn Yarmeisch claim that state inspectors are illegally second-guessing kosher supervisors' interpretation of Jewish law.

Second Muslim Elected To Congress

In Indiana on Tuesday, voters elected Andre Carson to Congress, making him the second Muslim ever to serve. Carson won a special election to fill out the House term of his grandmother. AP yesterday reported that Carson, a Democrat, had received 54% of the vote. Carson, raised as a Methodist, converted to Islam more than ten years ago. His district covers most of Indianapolis. (See prior related posting.) [Thanks to Melissa Rogers for the lead.]

Senate Committee Seeks Information Again From Prosperity Gospel Ministries

In developments being closely followed by Melissa Rogers blog, U.S. Senator Chuck Grassley, joined by Senate Finance Committee Chairman Max Baucus, has written four major prosperity gospel ministries for a second time seeking information about their financial affairs. (Full text of letters.) The Des Moines Register and the Tampa Tribune reported yesterday on developments. Grassley originally wrote six tele-evangelist asking for information about alleged misuse of donations. (See prior posting.) Two have adequately complied with the request. (See prior posting.) The Senate Finance Committee exercises oversight of the Internal Revenue Service, and of enforcement of tax laws relating to non-profit organizations.

California Home School Decision Provokes Strong Reaction

Last month's decision by a California appellate court that parents have no constitutional right to home school their children is drawing increasing protest around the state. (See prior posting.) On Monday, Yahoo News reported that Governor Arnold Schwarzenegger will seek legislative changes if the decision is not reversed. A commentary published yesterday by the Acton Institute makes the case against the decision. Meanwhile the Home School Legal Defense Association plans to file a petition with the California Supreme Court asking it to depublish the court of appeals decision, thereby depriving it of precedential effect in other California courts. HSLDA is circulating a petition online which it hopes to use in its request for depublication.

Parents who are homeschooling their children will likely not see any change in current state policies. According to Tuesday's San Diego Union-Tribune, State Superintendent of Public Instruction Jack O'Connell has said that the state will not change current policies that allow parents to home school if they file to be a small, private school and hire a credentialed tutor. Alternatively they can enroll their children in an independent study program supervised by an established school. [Thanks to Scott Mange for a lead to some of the material.]

Court Ordered Church Election Dismisses Pastor

In Beaumont, Texas last Friday, a federal district judge announced the results of a court-ordered church election. Yesterday's Beaumont Enterprise reports on the case that began last year when members of the Sunlight Missionary Baptist Church delivered a letter of dismissal to their pastor, Curtis Jean Johnson. Members charged him with intimidating people from the pulpit and using church money and a credit card for personal expenses. Last June the chair of the church's deacon board filed for a restraining order and temporary injunction to enforce the dismissal. The court granted the request and ruled that a vote of members should take place to resolve the matter. By a vote of 84 to 59, members have now decided that Johnson should leave the pulpit.

State Department's Country Report on Human Rights Released

Yesterday the U.S. State Department released the Country Report on Human Rights Practices for 2007. The report broadly surveys the human rights situation separately for each county in the world, including each country's respect for freedom of religion. An AP story today reviews highlights of the new report.

Univeristy Secular Society Revises Constitution In Hopes of Student Funding

The University of South Dakota's Student Government Association's Fiscal Guidelines exclude organizations "affiliated with or dedicated to a particular religion or religious point of view" from eligibility for funding from student activity fees. Volante Online today reports that, applying this provision, the University's Student Senate rejected general funding for the Student Secular Association-- though it can still request funds for speakers. This has led SSA to rewrite its constitution in hopes of qualifying for funding. The new draft constitution merely refers to the group as providing a community for "freethinkers", taking out references to "atheists, agnostics, humanists, [and] naturalists." It also substitutes examining "the universe and humanity" for the earlier language stating that one of its purposes was to examine "the universe and our place in it." Some senators saw no problems with the original constitution, saying that there is a difference between an organization that explores the reasons for personal belief and one that promotes religion.

Township Officials Sued For Raiding Church and Threatening Prosecution of Rock Band

On Monday, the Thomas More Law Center (TMLC) filed a federal lawsuit against the Waterford (Michigan) Township supervisor, prosecutor and two Waterford police officials. The suit charges that defendants infringed the freedom of speech, association and free exercise of religion of Faith Baptist Church and of a Christian rock band playing there. A release by TMLC and a long article in WorldNet Daily discuss details of the case. Apparently after a neighbor complained of the loud music from the Church's worship band, Prosecuting Attorney Walter Bedell arranged for uniformed police officers to raid the Church and threaten band members with disorderly conduct charges. Another raid ensued the following Sunday and the prosecutor personally conducted surveillance on the church from his parked car. The suit alleges that Waterford Township authorities targeted the Church because of the type of religious music it uses in its services. Meanwhile today's Detroit News reports that a separate lawsuit has been filed by a neighbor of the Church asking an Oakland County Circuit Court to limit the volume levels of the Church's music.

UPDATE: Here is the full text of the complaint in Faith Baptist Church v. Waterford Township. [Thanks to Brian D. Wassom]

Texas Education Commissioner Seeks AG's Opinion On Bible Courses

Yesterday's El Paso (TX) Times reports that Texas Education Commissioner Robert Scott has asked the state's attorney general for an interpretation of a new law that provides for elective high school courses on the Bible's impact on history and literature. (See prior posting.) The opinion request (full text) asks whether schools are required to offer such courses beginning next year, or whether the new law is merely permissive. Scott says the issue is complicated by the fact that the law requires the courses be taught only by teachers who have completed special training. However no funds have been appropriated by the legislature for the development of training materials.

Glendon Says Pope Is Intrigued With US Church-State Arrangements

Time Magazine yesterday reported on its interview with former Harvard Law Professor Mary Ann Glendon, the new U.S. Ambassador to the Holy See. Her immediate concern is coordinating the Pope's itinerary for his visit to the U.S. that begins April 15. Glendon said the Pope is "intrigued" by the way church-state issues are handled in the United States.

Suit Against Teacher For Anti-Christian Remarks Survives Motion To Dismiss

Yesterday's Orange County Register reports that a California federal court judge has refused to dismiss a suit against a Mission Viejo high school history teacher who allegedly made in-class remarks hostile toward religion and toward traditional Christian views on sexuality. (See prior posting.) Student Chad Farnan argues that Capistrano Valley High School teacher James Corbett's remarks violate the Establishment Clause by promoting hostility toward Christianity and "irreligion over religion." Judge James Selna, denying a motion for summary judgment, said that Farnan presented a "plausible case." A trial in the case will likely be held by the end of the year.

Turkish Court Says Another Legal Change Is Needed To End Headscarf Ban

The Danistay, Turkey's top administrative court, ruled Tuesday that YOK, the body that supervises Turkish higher education, moved too quickly in implementing recently adopted Constitutional amendments allowing women students to wear Muslim headscarves at universities. Reuters today reports the court found that a regulation governing YOK still needs to be amended before the ban on headscarves can be ended. It is expected that the government will move to amend the YOK regulation if the Constitutional amendments survive a pending challenge in the Constitutional Court. (See prior posting.)

New Guide To Tax Rules On Political Activity By Non-Profits Issued

The Pew Forum on Religion & Public Life has recently released Politics and the Pulpit 2008: A Guide to the Internal Revenue Code Restrictions on the Political Activity of Religious Organizations. The 23-page report in Question and Answer format is a plain English guide to rules governing political activity by non-profit organizations, including churches and religious organizations. A release by the Pew Forum says the publication is an update of earlier versions.

Audit Shows 2007 Claims and Payouts By Catholic Church In Abuse Cases

The AP reports that last Friday, the United States Conference of Catholic Bishops released the 2007 Annual Report on the Implementation of the Charter for the Protection of Children and Young People (full text of Annual Report). Summarizing some of the findings, the AP says that "in 2007, the number of sex abuse claims against Roman Catholic clergy dropped for the third consecutive year, but total payouts to victims nearly doubled to reach their highest level ever.... Last year, total abuse-related costs, including settlements, legal fees, therapy for victims and support for offenders, surpassed $615 million for dioceses and religious orders." The Annual Report also surveyed and made recommendations regarding compliance with child protection policies.

WA Passes Bill On Prison Chaplains and Moral Guidance for Prisoners

In Washington state, a unanimous vote by the state Senate gave final passage to Senate Bill 6400. As described in a release by its sponsor, the bill directs "the state Department of Corrections to study in-prison programs to help offenders build their moral character." The bill also provides that institutional chaplains appointed by the Department of Corrections "shall not be required to violate the tenets of his or her faith when acting in an ecclesiastical role." This latter provision, according to today's Tacoma News Tribune, is aimed at correcting problems highlighted earlier this year when a Catholic prison chaplain objected to permitting inmates to declare dual religious faiths. (See prior posting.) The bill now goes to the governor for his signature.

Imposition of Proposed Land Use Ordinance Held To Be Covered By RLUIPA

On Friday, a Tennessee federal district court handed down a 44-page decision in Layman Lessons, Inc. v. City of Millersville, Tennessee, (MD TN, March 7, 2008). The facts are described in an ACLJ press release: "Problems arose for Layman Lessons, a Christian ministry formed to aid the homeless and destitute, when it first applied for a use permit for a commercially zoned property in Millersville, a town 17 miles north of Nashville. Shortly after the ministry applied for a permit the city planner, James Lech, issued a letter rejecting the application due to a then-pending ordinance that, if passed, would have limited all religious and non-profit uses on any commercial lot in the city. City Manager Robert Mobley supported Mr. Lech’s recommendation. The effect of these actions was to place Layman Lessons’ application on indefinite hold."

The court ruled that the permit had been wrongly denied to Layman Lessons. In the course of an opinion that dealt with a wide range of issues, the court concluded that a city can be vicariously liable under RLUIPA for the actions of its employees. It went on to hold that the attempted imposition of a proposed ordinance that has not yet been enacted is nevertheless the imposition of a land use regulation under RLUIPA. It found that the initial denial of the occupancy permit imposed a substantial burden on Layman Lessons' exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance. The court awarded Layman Lessons nominal damages and attorneys' fees.

No Free Exercise Violation In Police Refusal To Believe AA Members

Williams v. Savage, (D DC, March 10, 2008), is a case described by the D.C. federal district court as an attempt "to make a federal case out of an ordinary car accident ." A police officer investigating an accident refused to listen to plaintiffs' version of events after learning that they were members of Alcoholics Anonymous. Plaintiffs asserted, among other claims, that this violated their free exercise rights. They argued that they "were discriminated against precisely because they were members of AA, which has been recognized as having a religious status." The court, however, rejected the claim, finding that the alleged discrimination imposed only an "inconsequential burden" on plaintiffs' religious practices.

Court Allows Members To Examine Records of Sikh Temple

Yesterday's Modesto Bee reports that some 50 members of a Livingston, California Sikh Temple have won the right to inspect the Temple's records. Merced County Superior Court Judge Ronald Hansen on Friday denied plaintiffs access to Temple membership lists. However, plaintiffs will be permitted to examine, but not copy, Temple financial records beginning in 2000 and board meeting minutes since the Temple's founding in 1981-- with various limitations to ensure privacy.

California College Rehires Pacifist Teacher

California State University East Bay has reinstated math teacher Marianne Kearney-Brown who was fired last month after she refused to sign a required loyalty oath without modifying it to reflect her pacifist Quaker views. (See prior posting.) Last Saturday's Los Angeles Times reported that the matter was resolved after state Attorney General. Jerry Brown helped draft a statement declaring that the oath to support and defend the constitution does not require an employee to bear arms in the country's defense. [Thanks to Blog from the Capital for the lead.]

Paper Says Obama's Church Indirectly Endorsed Him In Sermons

A front-page article in yesterday's Wall Street Journal suggests that ministers at Barack Obama's Trinity United Church of Christ in Chicago have indirectly endorsed Obama's candidacy in violation of IRS rules for non-profit organizations. The paper says: "A review by The Wall Street Journal of 13 sermons at Trinity seen live or through church-recorded DVDs since late December found nine instances of ministers at Trinity appearing to promote Sen. Obama's candidacy.... Some of the sermons mentioned Sen. Clinton or her husband in unflattering ways.... In some instances, the church's ministers alluded to Sen. Obama without naming him."

Santeria Priest Loses Bid To Sacrifice Animals In City

After a one-day trial yesterday, a Texas federal district judge ruled against a Santeria priest who wanted to sacrifice animals at his home in Euless, Texas. Jose Merced sued after the city refused him a permit to sacrifice animals, saying that the refusal infringes his religious freedom. The city cites prohibitions on animal cruelty, keeping livestock and disposing of animal waste. U.S. District Judge John McBryde, apparently in a ruling from the bench, said that the city has a compelling interest in public health that justified its refusal. The court said that Merced can perform his religious rituals elsewhere. Yesterday's Houston Chronicle reported on these developments. (See prior related posting.)

Cert. To Be Filed In 6th Circuit RLUIPA Case

The Lansing State Journal reports that a petition for certiorari will be filed today in the U.S. Supreme Court seeking review of the 6th Circuit's December decision in Living Water Church of God v. Charter Township of Meridian (see prior posting.) In the case, the 6th Circuit for the first time defined "substantial burden" under RLUIPA in a case challenging a Michigan township's denial of a special use permit to a church that wanted to construct a larger building and school on property it owned.

Survey Finds Most Michigan Localities Open With Christian Prayer

The Grand Rapids (MI) Press has surveyed the practices regarding invocations by local governments in Michigan. An article yesterday says that about 75% open meetings with a prayer, and most of the prayers are overtly Christian. However local procedures vary. So does the definition of non-sectarian prayers. Zeeland (MI) city attorney Jim Donkersloot said his city's invocations are nonsectarian because they are not aimed at persuading someone to embrace a certain belief or join a certain church.

New Articles and Books of Interest

From SSRN:

• John M. Finnis, Endorsing Discrimination Between Faiths: A Case of Extreme Speech?, (Oxford Legal Studies Research Paper No. 09/2008, March 2008).


• Chad Flanders, The Possibility of a Secular First Amendment, (Quinnipiac Law Review, Vol. 26, 2008).

From SmartCILP:

• Maxine M. Harrington, The Ever-Expanding Health Care Conscience Clause: The Quest for Immunity in the Struggle Between Professional Duties and Moral Beliefs, 34 Florida State University Law Review 779-833 (2007).


• Panel: Feminist Legal Theory: Dialogue Across Philosophical and Faith Traditions. Participation by Marie A. Failinger, Susan J. Stabile and Eva Feder Kittay. 4 University of St. Thomas Law Journal 405-488 (2007).


• Symposium. Liberty Under Law: 400 Years of Freedom. Addresses by Leroy Rountree Hassell, Sr., Ellis Sandoz and Harold J. Berman; articles by Richard F. Duncan and Ellis Sandoz. 20 Regent University Law Review 1-100 (2007-2008).

New Books:

• Steven Goldberg, Bleached Faith: The Tragic Cost When Religion is Forced Into the Public Square, (Stanford University Press, 2008).


• Randall Balmer, God in the White House: A History, (Harper-Collins, Jan. 2008). Reviewed by Catholic News Service.


• Allan Lichtman, White Protestant Nation: The Rise of the American Conservative Movement , (Atlantic, 2008).


• Benazir Bhutto, Reconciliation: Islam, Democracy and the West, (Harper Collins, Feb. 2008), reviewed in The Age.


• Deal W. Hudson, Onward, Christian Soldiers: The Growing Political Power of Catholics and Evangelicals in the United States , (Simon & Schuster, March 2008).

Sikhs Like New Vermont Prison Guidelines

The current issue of India New England discusses the satisfaction of the Sikh community with the new religious guidelines issued by the Vermont Department of Corrections. Directive 380.01, which became effective February 4, contains a lengthy section on religious head coverings, explicitly mentioning the turban along with a number of others. Sikhism is one of the religions specifically listed on the inmate religious preference designation form. (See prior related posting.)

Oregon Coffee House Settles Church-State Dispute With Post Office

In Clackamas County, Oregon, a cafe, the Unlimited Coffee Co., has found itself in the middle of a church-state dispute with the United States Post Office. Saturday's Oregonian reports that the cafe-- whose premises are used by Road 2 Damascus Church for services on Sunday when the cafe is closed-- also houses a contract postal unit. The postal facility is not open on Sundays either. However, someone called officials to complain that the postal unit was in a building that also featured a sign for the church under the cafe's sign. The Post Office's initial response was that the church signage needed to be removed to avoid church-state problems. However after being accused by the cafe owner of religious persecution, the Post Office backed down. Apparently officials in Washington, DC, responsible for initial reaction were not given accurate information about the situation.

Recent Prisoner Free Exercise Cases

In Pratt v. Correction Corporation of America, (8th Cir., March 3,2008), the U.S. 8th Circuit Court of Appeals upheld a lower court's dismissal of a complaint by an inmate seeking meals that contain Halal meat. The court held that claims for injunctive and declaratory relief are now moot, and that plaintiff failed to show that prison officials placed a "substantial bureden" on his ability to practice his religion.

In Barnes v. Pierce, 2008 U.S. Dist. LEXIS 17389 (SD TX, March 5, 2008), a Texas federal district court rejected First Amendment, RLUIPA and equal protection challenges to prison rules that limited medium custody inmates to attending one religious service per week. Muslim prisoners complained that they were unable to attend Wednesday Taleem services.

In Hudson v. Dennehy, 2008 U.S. Dist. LEXIS 16672 (D MA, March 5, 2008), a Massachusetts federal district court issued a declaratory judgment finding that denyining Nation of Islam prisoners regular Halal meals and denying them closed circuit access to religious services while in the prison's Special Management Unit violates their rights under RLUIPA.

In Paulino v. Department of Corrections, 2008 U.S. Dist. LEXIS 16551 (ED CA, March 4, 2008), a California federal magistrate judge rejected a Rastafarian prisoner's free exercise claim. Prison regulations called for plaintiff's hair to be cut. He agreed so long as the cut hair could be sent home. However subsequently officials refused to send the hair to his home because under prison regulations it was not personal property and posed a potential health hazard.

In Furnace v. Arceo, 2008 U.S. Dist. LEXIS 16172 (ND CA, March 3, 2008), a California federal district court rejected free exercise and equal protection claims by a follower of the Shetaut Neter faith who sought a raw food diet. The court found the religion merely teaches that practitions may need to transition to such a diet over time. It also found that prison authorities had legitimate penological objectives in denying the diet.

Afghan Protests Continue Over European Assaults On Symbols of Islam

In Afghanistan on Saturday and Sunday, peaceful demonstrations were staged to protest the reprinting in Denmark last month of a cartoon of the Prophet Muhammad wearing a bomb-shaped turban. (See prior posting.) They were also protesting the planned release of a video critical of the Koran by right-wing Dutch parliamentarian Geert Wilders. (See prior posting.) On Saturday thousands attended a rally at a sports stadium in Herat. (CNN). On Sunday, thousands of students chanted slogans and burned Danish and Dutch flags in Jalalabad. (AP).

Is St. Patrick's Day A Secular Holiday?

Is St. Patrick's Day a secular celebration of Irish heritage, or is it a religious holiday? This year that question is raised because-- for the first time since 1940-- St. Patrick's Day (March 17) falls during Holy Week, the seven days before Easter. An AP story on Friday reported that Catholic liturgical rules preclude a Mass in honor of St. Patrick during Holy Week, so Masses are moved to March 14. The question, however, is whether traditional parades and other celebrations should also be moved. They are in a few cities such as Savannah, Philadelphia and Milwaukee. However the parade is still scheduled during Holy Week in cities such as New York, Boston and Columbus, Ohio. Indeed in New York, Cardinal Edward Egan will review the parade from the steps of St. Patrick’s Cathedral after saying Mass for Holy Week.

Mississippi Court Dismisses Suit Against Diocese By Church That Was Not Rebuilt

According to WLOX TV on Friday, a Pass Christian, Mississippi, a state trial judge has dismissed a suit brought by members of St. Paul's Catholic Church against the Diocese of Biloxi. The suit challenged the consolidation of St. Paul's into another parish and sought an accounting of the funds that were contributed to St. Paul’s Parish after Hurricane Katrina. Members wanted St. Paul's rebuilt on its former beachfront location. (See prior posting.) The court apparently relied on church-state concerns as the basis for the dismissal. Plaintiffs' attorney said he would appeal.

Texas Suit Challenging Graduation Prayer Vote Is Settled

Americans United for Separation of Church and State announced Friday that a settlement has been reached in a federal lawsuit against the Round Rock, Texas Independent School District. The suit challenged the school's practice of allowing a yearly vote by seniors on whether there should be prayer at their graduations. (See prior posting.) Under the settlement (full text of court order), the school district agrees not to hold student votes on prayer at graduation unless courts in the future approve such practices.

Canadian Archbishop Says Deny Communion To Pro-Choice Politicians

In Canada, Ottawa's Catholic Archbishop Terrence Prendergast says that any Catholic politician who supports access to abortion, and who cannot be persuaded to change his or her position, should not publicly receive communion. Saturday's Ottawa Citizen reports that Prendergast set out his position in response to an audience member at a question and answer session. Rosemary Ganley, coordinator of Catholics for a Free Choice Canada, said the Archbishop's position is wrong in canon law and improper in Canada where church and state are separate.

Indian River (DE) School District Faces New Charges-- Now By Muslim Family

The Indian River, Delaware School District which has just settled a long-running lawsuit brought by two Jewish families over religion in the schools (see prior posting) is now facing charges that a teacher made anti-Muslim statements in class. Saturday's Salsbury (MD) Daily Times reports that a Muslim family has accused a fifth-grade Lord Baltimore Elementary School teacher of telling her class that Barack Obama is a Muslim, that he does not swear on the Bible or recite the Pledge of Allegiance, and that he "believes in different things and is scary". The allegations come in a letter from two sisters, who say that they have experienced other anti-Muslim prejudice in the school system as well. School Board president Charles Bireley said that an inquiry into the matter is under way.

Naval Academy's Dipping of Flag In Religious Services Questioned

Saturday's New York Times reports on a new religious controversy at the U.S. Naval Academy. For 40 years at the Academy's widely-attended 11 a.m. Protestant service, the color guard has dipped the U.S. and the Academy flags before the altar cross. One congregant describes the practice as showing "that our country is one nation under God and the nation-state is not the highest authority in the world." Last October, the Academy's superintendent, Vice Adm. Jeffrey L. Fowler, raised questions about the practice and chaplains suspended it. However, after complaints by congregants and alumni, the flag dipping has been reinstituted, and Adm. Fowler has stopped attending the service. The practice is not carried out anywhere else in the Navy, and the National Flag Foundation's Flag Code says the flag "should not be dipped for any person or thing." [Thanks to Scott Mange for the lead.]

Suit Challenges Room Use Rules In Ohio Library

On Friday, the Alliance Defense Fund announced that it had filed a federal lawsuit against the trustees of the Upper Arlington (Ohio) Library challenging the Library's refusal to permit its meeting rooms to be used for a program sponsored by a non-profit group, Citizens For Community Values, Inc. (CFCV). Library rules permit meeting rooms to be used for cultural activities, and for discussion of public questions and social issues. However, rooms may not be used for commercial, religious or political meetings. Committees affiliated with a church are allowed to use the rooms, but not for religious services. CFCV wanted to use the room for a program titled "Politics in the Pulpit". The Library ruled that since a portion of the program involved prayer and religious song, it was not permitted under the Library rules. The complaint (full text) alleges that the Library's refusal violates the free speech, free exercise, due process and equal protection clauses of the U.S. constitution as well as the free exercise clause of Ohio's constitution.

Appropriation to Religious College Held To Violate Kentucky's Blaine Amendment

A Franklin, Kentucky Circuit Court judge yesterday ruled that the state legislature acted unconstitutionally when it appropriated $10 million for a pharmacy school building at University of the Cumberlands, a private Southern Baptist university. Judge Roger Crittenden ruled that the appropriation violated a Blaine Amendment provision in the state's constitution. Sec. 189 of the Kentucky constitution prohibits public funds from being appropriated to aid any sectarian school. The decision did not reach the question of whether the University also acted unconstitutionally in expelling a student who stated on his website that he is gay. Yesterday's Lexington Herald-Leader and the AP reported on the decision. (See prior related posting.)

Secret Service Tells Sikhs No Kirpans In Meeting With Pope

Representatives of the World Sikh Council will not join a group of interfaith leaders who will meet with Pope Benedict XVI during his U.S. visit in April. Yesterday's Contra Costa (CA) Times reports that the U.S. Secret Service demands that Sikhs remove their kirpans (ceremonial daggers) before the meeting. Kavneet Singh, managing director of United Sikhs, said: "We would all agree that the safety of the pope is paramount, but individuals of any faith shouldn't have to check their faith at the door." Secret Service spokesman Ed Donovan countered: "We're trying to be flexible. We understand it's a sanctified object, but it's still a weapon."

Arkansas Supreme Court Upholds Judicial Supervision of Buddhist Temple Election

Yesterday in Viravonga v. Wat Buddha Samakitham, (AK Sup. Ct., March 6, 2008), the Arkansas Supreme Court upheld a Circuit Court's order growing out of its supervision of a disputed election for the Board of Directors of a Buddhist Temple. Among other things, the Circuit Court determined a list of eligible voters and concluded that the Buddhist temple was non-denominational and not affiliated with the Dhammayut denomination. Affirming, the Supreme Court said:

in determining that an election was required under the 1989 bylaws and in supervising that election when the temple members proved incapable of conducting it on their own, the circuit court and its special master did not delve into matters that were essentially religious in nature, but rather applied neutral principles of law concerning election procedures.

The Pine Bluff (AK) Commercial yesterday reported on the decision. (See prior related posting.)

Canadian Court Rejects Cycle Helmet Exemption For Turban-Wearing Sikhs

In a widely publicized Canadian case, an Ontario court judge yesterday refused to grant a Sikh man a religious exemption from the requirement that motorcyclists wear helmets. Baljinder Badesha's religious beliefs prevent him from wearing anything over his turban. (See prior posting.) The court ruled, however, that cycling without a helmet creates a significant extra safety risk, in turn imposing added health care costs on the province's publicly funded health care system. It also pointed to the devastating impact on spouses and children when a cyclist is killed in a crash. Reports on the court's decision were carried by yesterday's Globe & Mail, Canadian Press, National Post, and Inside Toronto.

Florida Supreme Court Hears Arguments In Jews For Jesus False Lights Case

Yesterday the Florida Supreme Court heard oral arguments in Jews for Jesus, Inc. v. Rapp. A state appellate court had certified to the Supreme Court the question of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. (See prior posting.) Edith Rapp, a traditional Jew, claimed that Jews for Jesus falsely portrayed her in an online newsletter as a convert to the group's beliefs, causing her emotional distress and harming her reputation among her religious Jewish friends. The Ft. Myers News-Press reporting on the arguments said: "questioning by most of the justices indicated great skepticism about allowing newspapers or broadcasters to be sued over a story that is factually accurate and not deliberately constructed to hurt anyone." The briefs, pleadings and orders in the case are available online. A video of the full oral argument is also available from the Supreme Court's website. (Windows Media Player; Real Player). A press release by Liberty Counsel previewing the oral arguments gives additional background on the case.

Group Asks IRS To Probe Endorsement of Texas Congressional Candidate

Americans United for Separation of Church and State announced yesterday that it has asked the IRS to look into an endorsement of Texas Congressional candidate Shelley Sekula-Gibbs by Steve Riggle, pastor of Grace Community Church, a Houston mega-church. AU's March 6 letter to the IRS notes that Riggle's mailing nowhere says he is speaking as a private citizen in making his endorsement. Riggle said that one of the reasons he is endorsing Sekula-Gibbs is because she will co-sponsor legislation to remove limits on on-profits involvement in political campaigns. KHOU News yesterday reported on the AU's letter.

Afghan Clerics Want Ban On Indian TV Soap Operas

ANI reported yesterday that in Afghanistan, the Islamic Council of Scholars is demanding that the government ban popular Indian soap operas being shown on Afghan TV channels (dubbed in the local Dari language). They argue that the shows encourage idol worship, even though Hindu images are pixelated and worship scenes have been cut. Apparently all activities come to a halt around the country at 8:30 p.m. as everyone watches Kyunki Saas Bhi Kabhi Bahu Thi (Because a Mother-in-law was once a Daughter-in-law Too). This has led to a dramatic decline in attendance at evening Namaz prayers. Afghanistan's Minister for Information and Culture has threatened to prosecute TV channel operators if they continue with soap operas deemed offensive to public morality.

California Hospital Issues Veiled Apology To Transgender Patient

Catholic News Agency reported on Tuesday that a Daly City, California Catholic hospital which is being sued for refusing to allow gender reassignment surgery has issued a "veiled apology" to the patient. (See prior related posting.) While still claiming that Catholic teaching prohibits it from accommodating the breast augmentation surgery sought by Charlene Hastings, last week the hospital issued a written statement saying: "We regret any confusion that may have come from this situation. We want this patient and her physician to know that they are welcome at Seton Medical Center." Hastings has already decided to have surgery elsewhere, and her lawsuit for damages will continue. California law allows religiously-affiliated hospitals to refuse to perform abortions, but has no anti-discrimination exemption for refusing transgender procedures.

Fayetteville Veterans' Hospital Chaplain Speaks Out On Chapel Controversy

Archie Barringer, head chaplain at the Veterans' Administration Hospital in Fayetteville, NC, is finally speaking out on the controversy surrounding the hospital's chapel now that his early retirement has been approved. Last year, hospital officials interpreted VA neutrality requirements to mean that the Bible and cross in the chapel needed to be removed when Christian religious services were not in progress. (See prior posting.) Today's Fayetteville Observer quotes Barringer who said it was likely that hospital director Bruce Triplett would have found space for a separate non-Christian meditation room if the VA's National Chaplain Center had not gotten involved. Barringer said he will ask Fayetteville City Council to draft a resolution condemning the removal of Christian symbols from the chapel and asking the area's congressional representatives to obtain changes in the law. Barringer said: "I do not believe in using a room designated for Almighty God for other faith groups when we can provide other rooms for them." He also disclosed that at one chapel service in 2007, a chaplain concluded a pro-Christian presentation by saying that if anyone in the audience was a Muslim, a Buddhist or believed in the Dalai Lama, that they could leave.

Wisconsin D.A. Resisting Enforcement of Premise Registration For Amish

The District Attorney in Clark County, Wisconsin is questioning a request by the state's Department of Agriculture, Trade and Consumer Protection that he force the county's Old Order Amish to register their farms under the state's Premises Registration Act. WRN News today says that D.A. Darwin Zwieg wants the DATCP to show him statistical data establishing that premise registration is the only way to achieve their objective of controlling livestock disease. The Amish say that registration violates their religious beliefs.

Clergy Privilege Scope At Issue In Molestation Prosecution

A child molestation case in Riverside County, California is testing the reach of California's privilege for communications with clergy. Yesterday's Riverside Press-Enterprise reports that prosecutors want two elders in a Jehovah's Witnesses congregation to testify about statements made to them by Gilbert Simental, who is charged with molesting two of his daughter's friends. The victims' parents complained to congregational elders about the abuse, and the elders convened a judicial committee to look into the charges. Prosecutor Burke Strunsky says that Simental confessed to the judicial committee, and afterwards, Elder Andrew Sinay talked about the admissions with the girls' mother. Simental's attorneys say their client is innocent. Prosecutors will likely point to a 2005 decision by a Napa County court holding that statements by an accused molester made to Jehovah's Witnesses elders during a judicial committee are not covered by the penitent-clergy privilege because the committee is not required by the organization's practices to keep the statements confidential. The information goes to Jehovah's Witnesses headquarters, and it keeps a non-public database of those who elders have found committed child molestation.

Soldier Says Promotion Was Blocked Because of Earlier Free Exercise Claims

Last September, Spc. Jeremy Hall filed a lawsuit against the military claiming he was threatened by an Army major for holding a meeting of non-Christians and atheists in Iraq. (See prior posting.) The lawsuit was refiled yesterday in a Kansas federal court with an added claim that Hall's promotion was blocked in retaliation for filing the original lawsuit. According to the AP, the new lawsuit says that Hall's platoon sergeant told him that he would be "unable to put aside his personal convictions and pray with his troops" and would have trouble bonding with them if he were promoted. Hall's co-plaintiff is the Military Religious Freedom Foundation. Hall's attorneys allege that Ft. Riley has permitted a culture that promotes Christianity and promotes anti-Islamic sentiment. A press release on the case by MMRF says: "It is beyond despicable ... that the United States Army is actively attempting to destroy the professional career of one of its decorated young fighting soldiers ... simply because he had the rare courage to stand up for his Constitutional rights ... against a superior officer who was forcefully attempting to intimidate him into accepting fundamentalist Christianity."

Odessa, Texas Bible Curriculum Lawsuit Settled

The ACLU announced yesterday that a settlement has been reached in a 2007 lawsuit challenging a course in The Bible in History and Literature offered by two Odessa, Texas schools. (See prior posting.) According to the ACLU's release, the current curriculum calls for "true" and "false" answers on matters of religious faith, and asks students to memorize Bible passages and discuss their impact on their lives. It also presents a view of American history that promotes specific religious beliefs. Under the settlement agreement, Ector County schools must stop teaching its current course after this school year. Any future Bible course must follow guidelines that will make it appropriate for for students of all faiths, including non-believers. Future courses may not use the curriculum developed by the National Council on Bible Curriculum in Public Schools. Today's New York Times reports on the settlement.

Court Rejects Establishment Clause Attack on "Good Samaritan" Requirement

The Texas Transportation Code, Sec. 550.023 provides that the operator of a vehicle involved in an accident must stop and provide reasonable assistance to any person injured in the accident. In Guerra v. Texas, (TX 4th Dist. Ct. App., March 5, 2008), a Texas state appellate court rejected a claim that this provision violates the Establishment Clause. Defendant had argued that the provision imposes "Christian conduct, custom, philosophy and principles to all drivers to be 'Good Samaritans.'" The court held, however that "a statute does not violate the Establishment Clause just because it is consistent with religious views." The court also rejected privacy, vagueness and due process challenges to the statute.

House of Lords Votes To Repeal Blasphemy Law; Refuses Appeal In Blasphemy Case

Britain's House of Lords yesterday voted 148-87 to add an amendment to a pending criminal justice bill to repeal Britain's existing blasphemy law. The bill must now go back to the House of Commons for approval. Yesterday's Los Angeles Times reported that the vote was preceded by "a wrenching, two-hour debate." Britain's current blasphemy law, as interpreted by the courts, protects only the Church of England. (Background). The government had previously agreed to consult with the Church of England before moving ahead with the repeal. (See prior posting.) While the Church's archbishops have expressed reservations about the repeal at this time, the Church has not gone further to oppose the move. (See prior posting.)

Meanwhile, icWales reported yesterday that a House of Lords Appeal Committee has refused to hear an appeal in the blasphemy case involving the musical Jerry Springer – The Opera. Last year, two High Court judges ruled that the performance did not violate Britain's blasphemy laws. (See prior posting.) The Appeals Committee said that "the petition does not raise an arguable point of law of general public importance ..." Criticizing the denial, Christian Voice, which originally sought to prosecute the case, said: "Apparently Jesus Christ, Mary, the mother of the Lord, and Almighty God may now be ridiculed and insulted on stage and by broadcasters free from the sanctions of the law."

Maryland Town Debates Policy of Free Water To Churches

Yesterday's Baltimore Sun reports that Mount Airy (MD) Town Council is debating whether to modify its current policy of providing free municipal water service to churches and other non-profit organizations. A proposed resolution would set criteria for entitlement to the exemption from water charges. It would require the non-profit to provide a public service at the site; not exceed an average use of 20,000 gallons per quarter; agree to use water conservation items provided by the town; and cooperate in conservation planning. Also the exemption would not be permitted if it led to rate increases or other negative effects on other users. Monday night, Council decided to postpone adopting the proposed changes until the town's water and sewer commission gives its views. However, the town will temporarily apply the proposed guidelines to churches until a permanent decision is made. Two councilmen are concerned about the church-state implications of the current policy.

Harvard Accommodates Muslim Women In Setting Gym Hours

The AP yesterday reported that Harvard University has taken a step to accommodate Muslim women by setting setting six hours a week as women-only hours at one of its gyms. The policy-- which applies to only one of the university's less-used gyms-- is controversial even among some women on campus. Harvard Crimson writer Lucy Caldwell published a column last month criticizing the University's decision. It's subtitle is one that would probably appear only in a college newspaper-- "Women-only Hours at the QRAC Constitute a Pareto Inefficient Policy".

Illinois House Votes To Eliminate Mandatory Moment of Silence In Schools

The Illinois House of Representatives yesterday voted to reverse its action of less than a year ago. (See prior posting). By a vote of 72-31 it approved, and sent to the Senate, H.B. 4180 that would make a moment of silence optional instead of mandatory in Illinois schools. Both the State Journal-Register and the Chicago Tribune report that even though last year the legislature overrode Gov. Rod Blagojevich's veto of a bill that made the moment of silence mandatory, a number of legislators have now reversed their positions after complaints from many teachers and superintendents. Senate passage of the bill is less certain. Last November, a federal judge issued a preliminary injunction blocking one school district from enforcing the law. (See prior posting.)

Minnesota City Rejects Bond Issuance For Christian School

The Edina, Minnesota City council on Monday voted 4-1 against approving the issuance of tax-exempt bonds to help a Christian elementary school expand its building. the Minneapolis Star Tribune reports that the vote follows a letter from the ACLU that urged rejection of the proposal on church-state grounds. Advocates for Calvin Christian School had argued that the $1.5 million expansion would involve non-religious space, but the school's website emphasizes that Christian teaching permeates every aspect of the school's life.

Vatican To Honor Galileo With Statue

Yesterday's London Times reported that the Vatican is attempting to complete its rehabilitation of 17th century scientist Galileo Galilei who was forced by the Church to recant his view that the earth revolves around the sun. Coinciding with next year's celebration of the 400th anniversary of Galileo's development of the telescope, the Vatican will erect a statue of him inside the Vatican walls. Paid for by private funds, the staute will be placed in the Vatican gardens near the apartment where Galileo was jailed while awaiting trial for heresy in 1633. Nicola Cabibbo, head of the Pontifical Academy of Sciences, said: "The Church wants to close the Galileo affair and reach a definitive understanding not only of his great legacy but also of the relationship between science and faith."

Obama Cites Sermon on Mount In Support of Civil Unions

Yesterday's Christian Post reports that Sen. Barack Obama created some consternation among evangelicals while campaigning in Ohio last Sunday. He cited Jesus' Sermon on the Mount to back his support for gay civil unions. Responding to a question from a local pastor, Obama said: "I believe in civil unions that allow a same-sex couple to visit each other in a hospital or transfer property to each other. I don't think it should be called marriage, but I think that it is a legal right that they should have that is recognized by the state. If people find that controversial, then I would just refer them to the Sermon on the Mount, which I think is, in my mind, for my faith, more central than an obscure passage in Romans." Commenting on Obama's position, Pastor John Barner, manager of pastoral care at Focus on the Family, said: "We believe isolated portions of Scripture should not be used to justify a personal preference or a social position that goes in a different direction than the overall message of Scripture."

Court Holds Several Liable In Challenge To Faith-Based Rehab Placement

Hanas v. Inner City Christian Outreach, Inc., 2008 U.S. Dist. LEXIS 15472 (ED MI, Feb. 29, 2008) is a suit in federal district court in Michigan in which Joseph Hanas, who pled guilty to possession of marijuana, challenged a court's placement of him in a faith-based rehabilitation program operated by Inner City Christian Outreach (ICCO). ICCO staff prevented Hanas from practicing Catholicism and forced him to participate in Pentecostal worship and Bible studies. The suit sought a declaratory judgment and damages against ICCO, its pastor, a Drug Court social worker and a Drug Court consultant. The court held that most of the defendants were liable for Establishment Clause and Free Exercise violations.

Turkish Court Rules That Religion Classes Are Not Compulsory

Turkey's Council of State ruled yesterday that students may be excused from religion courses as they are currently offered in Turkey's schools. Today's Zaman reports on the court's ruling in a case brought by the father of a seventh grader. Explaining the ruling, the 8th Chamber of the Council of State said: "It is stated in Article 24 of the Constitution that primary, secondary and high school students are obliged to attend classes on religion, culture and morality. But these classes cannot be considered classes on culture and morality in terms of their content. Thus, it is not against the law to allow students' parents to decide whether they should attend these classes." Today's International Herald Tribune reports that plaintiffs in the case were an Alevi family who objected to their children being forced to attend Sunni-oriented classes. It continues: "The ruling is likely to please the European Union which has made religious liberties a condition for Turkey's membership bid. The EU has been pressing Turkey to address Alevi claims, including difficulties opening their houses of worship and obtaining state funds for religious facilities." (See prior related posting.)

Ohio Muslims Tend To Support Obama In Primary

As a crucial Presidential primaries are held in Ohio and Texas today, BBC News reports that Muslims in Ohio tend to be supporting Barack Obama. The article foucses primarily on the 60,000 Muslims who live in Cleveland.

Church of England Is Concerned About Proposal To Abolish Blasphemy Laws

Today's London Guardian reports that the archbishops of the Church of England have "serious reservations" about the method and timing of government proposals to abolish Britain's blasphemy laws. In a joint letter, the archbishops of Canterbury and York said that while they have supported repeal in the right context, they fear that the present move could be seen as a move toward secularization or as an invitation to attack or insult religion. (See prior related posting.)

UN Report On Religious Freedom In Britain Released

Religious Intelligence reported yesterday that the United Nation's Special Rapporteur on Freedom of Religion or Belief has prepared a report on religious freedom in Britain. While finding a high degree of freedom, the report indicated a number of issues that remain. Muslim groups consider the government's anti-terrorism policy to be discriminatory. The continued existence of Britain's blasphemy law was criticized. Jewish groups complained of increased anti-Semitism; Hindus objected to an educational curriculum that favors Urdu over Hindu; Sikhs want proportional representation by religion in parliament. Some Christian groups object to policies and rules prohibiting discrimination against gays and lesbians.

Univeristy of South Carolina Student Organization Funding Challenged

Last Thursday, the Christian Legal Society at the University of South Carolina filed suit against the University challenging a University rule that makes recognized student religious organizations ineligible for general funding from student activity fees. Religious groups may only apply for special funding for content neutral programs. The federal court complaint (full text) alleges that the University rule amounts to unconstitutional viewpoint discrimination and violates CLS's free exercise rights. A release issued Sunday by the Alliance Defense Fund says that "instead of formally serving the complaint filed with the court, ADF and CLS attorneys sent a courtesy copy to university officials with a letter requesting that they correct the unconstitutional policy within two weeks."

Malaysian Churches Are Entering Politics

According to today's Boston Globe, in Malaysia, Christian churches are becoming involved in this week end's upcoming elections. Churches are urging Christians to back candidates who promote religious freedom. The Christian Federation of Malaysia is encouraging Christians to vote for candidates whose policies "reflect God's standard and Christian values." Many Christians are worried about a perceived Islamization of national life in Malaysia.

Arizona Case Makes Canon Law Relevant To Former Priest's Fraud Defense

In Arizona, prosecutors are deciding whether to again charge former Roman Catholic priest Dennis Riccitelli with fraud. Phoenix's East Valley Tribune reported yesterday that a judge's prior dismissal of the case requires prosecutors to tell any new grand jury that they must consider canon law in deciding whether to indict. Riccitelli was charged with using church real estate and funds to benefit himself. His lawyers, however, argued that under canon law a priest has the right to spend his church's money as he sees fit. Last year Maricopa County Judge Silvia Arellano ruled that church law and policies are directly relevant to whether Riccitelli committed fraud. State appellate courts have refused to review the decision. Prosecutors are concerned that the case will invite other defendants to use religious law to justify criminal conduct.

Two Courts Are Reviewing Revocation of Property Tax Exemptions

Two different courts last week focused on when an organization meets the standards for a property tax exemption as a religious or charitable non-profit institution. In Urbana, Illinois, a county court ruled that Provena Covenant Medical Center's lawsuit seeking an immediate property tax refund should be permitted to continue. After the state ruled that the property tax exemption for the Catholic hospital should be revoked, the hospital sued. A Sangamon County court ruled the hospital qualifies for the exemption as both a religious and charitable organization. The Department of Revenue is appealing that ruling and claims that it is not required to refund past taxes to the hospital until appeals have been exhausted. Covenant sued for an immediate refund. The Urbana News-Gazette reported last Thursday that in holding that this suit could continue, the court urged the state to give "serious thought" to making the refund and to stop spending taxpayer money on litigation.

Meanwhile, Friday's Roanoke (VA) Times reported that the Virginia Supreme Court has agreed to hear an appeal by The Glebe, a Baptist retirement facility, that is attempting to overturn the revocation of its property tax exemption. Last year a state circuit court ruled that the religious and benevolent exemption granted in 1976 by the Virginia legislature to Virginia Baptist Homes applies to land held in the name of VBH only if the specific property is used for religious or benevolent purposes. (See prior posting.) The county contends that The Glebe is a resort for wealthy retirees that provides no charitable or religious services to its residents. VBS says that eventually the facility will offer reduced rates.

Recent Articles and Book of Interest

From SSRN:

• Mark Glouberman, Of Mice and Men: God and the Canadian Supreme Court, (Ratio Juris, Vol. 21, Issue 1, pp. 107-124, March 2008).


• Christopher J. Buccafusco, Spiritualism and Will(s) in the Age of Contract, (February 21, 2008).

From NELLCO:

• Marc O. DeGirolami, The Constitutional Paradox of Religious Learning, (Columbia Law School. Columbia Public Law & Legal Theory Working Papers, February 23, 2008).

From SmartCILP:

• Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States. Opening remarks by Vincent Martin Bonventre; articles by Michael P. Moreland, Gary J. Simson, Luke Meier, Timothy A. Byrnes, Richard A. Hesse and Steven K. Green. 70 Albany Law Review 1399-1472 (2007).


• John M. Breen, The Air in the Balloon: Further Notes on Catholic and Jesuit Identity in Legal Education, 43 Gonzaga Law Review 41-75 (2007/08).


• Nathan A. Forrester Jr., Equal Billing: On Religion, Washington's Views Should Be Considered, Too. (Reviewing Tara Ross & Joseph C. Smith Jr., Under God: George Washington and the Question of Church and State.) 12 Texas Review of Law and Politics 207-221 (2007).


• Mark Strasser, Marriage, Free Exercise, and the Constitution, 26 Law & Inequality 59-108 (2008).


• Willett, Hon. Don R. An Inconvenient Truth: Conservatives Behaving Charitably. (Reviewing Arthur C. Brooks, Who Really Cares: The Surprising Truth About Compassionate Conservatism.) 12 Texas Review of Law & Politics 181-205 (2007).


• Symposium: The Religion Clauses in the 21st Century. Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor; articles by Steven G. Gey, Douglas Laycock, Ira C. Lupu, Robert W. Tuttle, Steven K. Green, Kristi L. Bowman, John E. Taylor, Frederick Mark Gedicks, Roger Hendrix, Steven D. Smith, Daniel O. Conkle, Kent Greenawalt, Carl H. Esbeck, Angela C. Carmella, Laura S. Underkuffler, Naomi Cahn, June Carbone, Vivian E. Hamilton and Eduardo M. Penalver. 110 West Virginia Law Review i-vii, 1-544 (2007).

New Book:

• Martha Nussbaum, Liberty of Conscience, (Basic Books, Feb. 2008), reviewed in the New York Sun and the New York Times. [Updated & corrected].

Pope, New U.S. Ambassador, Exchange Greetings

Last Friday, according to Catholic News Service, Mary Ann Glendon, the new U.S. Ambassador to the Vatican presented her credentials to Pope Benedict XVI. In her remarks (full text), Ambassador Glendon said: "An essential element of strong friendship is ongoing conversation -- a dialogue -- based on mutual respect, understanding and trust. This is particularly true for people of faith. The United States, in its desire to be a partner in interfaith dialogue, is working to amplify the many voices speaking out against the misuse of religion to promote terrorist violence and to support the efforts of those who are striving for greater interfaith understanding."

The Pope, responding (full text) to Glendon's remarks, said in part: "The American people’s historic appreciation of the role of religion in shaping public discourse and in shedding light on the inherent moral dimension of social issues -- a role at times contested in the name of a straitened understanding of political life and public discourse -- is reflected in the efforts of so many of your fellow-citizens and government leaders to ensure legal protection for God’s gift of life from conception to natural death, and the safeguarding of the institution of marriage, acknowledged as a stable union between a man and a woman, and that of the family."

Do Too Many Churches Hurt Retailing?

Today's New York Times, in an article titled God's Row, explores the question of whether too many store front churches in an area injure commerce by limiting the seven-day-a-week street traffic that is important to retailers.

Injunction Denied In Land Use Dispute Over Church Social Service Facilities

In Calvert County, Maryland last week, a state Circuit court judge denied the county's request for a preliminary injunction to close down a church's counseling center and food pantry that have not obtained proper permits and site plans. Today's Washington Post reports on the decision. A suit is pending in federal court claiming that RLUIPA protects the church from having to close off its driveway as the county demands. (See prior posting.) Closing the driveway will force social service clients to go through the church to obtain assistance.

California Court Finds No Free Exercise Right To Home School Children

In In re Rachel L., (CA Ct. App., Feb. 28, 2008), a California state appellate court rejected the claim by parents that they have a First Amendment right to home school their children because of their sincerely held religious beliefs "based on Biblical teachings and principles". The court held that assertions of this kind of general religious justification are conclusional and not factually specific. It added that "such sparse representations are too easily asserted by any parent who wishes to home school his or her child."

Proving Jewish Lineage To Israeli Rabbinate Can Create Problems

Today's New York Times Magazine carries an article on the problems faced by Israelis who need to prove to Israel's official Rabbinate that they are Jewish so that they can marry in Israel. The article profiles Rabbi Seth Farber who founded Itim, an organization to help. The article reports that Farber:

decided to "create a place where the representatives of Judaism" aren't government clerks. Itim distributes booklets that explain to Israelis how to arrange a circumcision, marriage or funeral. It helps secular couples find rabbis sensitive to their desires for their ceremonies. For the last five years, it has run a hot line for Israelis who face trouble in the rabbinic bureaucracy. Early on, Farber began receiving calls from people unable to prove they were Jews. Many were immigrants from the former Soviet Union, but some were Americans. Even a letter from an Orthodox rabbi didn't always help. The state rabbinate no longer trusts all Orthodox rabbis.

Canadian Judge Upholds Undercover Officer's Disguise As Religious Advisor

Canada's National Post yesterday carried a long article about a police sting operation in which an undercover agent disguised himself as a religious spiritual advisor in order to obtain an incriminating confession from a suspect. The article claims this is the first case of its kind in the Western world. At issue is a Brampton, Ontario police operation investigating a series of gang shootings in which an agent pretended to be an Obeah shaman, empowered with magic. The undercover agent obtained the confidence of the mother of one of the suspects, and at meetings with her and her son, he obtained confessions leading to charges against the son for being the getaway driver and giving a gun to the shooter in a murder.

In the defendant's trial in the Ontario Superior Court of Justice, Justice Terrence O'Connor agreed that Obeah is a religious belief system protected under the Canadian Charter of Rights and Freedoms. He also agreed that the undercover agent interfered with defendant Evol Robinson's religious practices. However he concluded that Robinson was not constrained or coerced in his religious practice because the interference was insubstantial. He was not prevented from worshiping or expressing himself spiritually. Further, O'Connor ruled, given the pressing concern about violent gun crimes, society's benefit from the sting operation outweighs the interference with religion.

Recent Prisoner Free Exercise Cases

In Pressley v. Beard, (3d Cir., Feb. 26, 2008), the U.S. 3rd Circuit Court of Appeals affirmed a district court decision rejecting plaintiff prisoner's claim that his free exercise rights were violated when prison officials confiscated his hard-bound Koran, prayer rug, and kufi.

In Scott v. Sisto, 2008 U.S. Dist. LEXIS 13349 (ED CA, Feb. 8, 2008), a California federal district court permitted a Muslim prisoner to proceed with free exercise and RLUIPA challenges to prison policy that limits him to a vegetarian diet and does not offer Halal food. Plaintiff alleges that under Islamic law, Muslims are not permitted to be vegetarians. Plaintiff's equal protection and due process claims were rejected.

In Strope v. Cummings, 2008 U.S. Dist. LEXIS 13682 (D KA, Feb. 22, 2008), a Kansas federal district court dismissed a claim by a prisoner that his Free Exercise rights and his rights under RLUIPA were violated when a prison guard interrupted him two or three times while he was kneeling and praying in his cell, asking him whether he was all right. The court noted that plaintiff may proceed on a number of other claims, including interference with religious call-out times and spoiled kosher food.

In Christiansen v. Walker, 2008 U.S. Dist. LEXIS 14147 (SD IL, Feb. 26, 2008), an Illinois federal district judge adopted a magistrate's recommendations that a default judgment be entered against one of the defendants charged with infringing plaintiff prisoner's free exercise of religion. Plaintiff claimed he was not served a vegetarian diet, was not given adequate time and space for prayer and was forced to attend Christian religious programs. The court ordered the magistrate judge to conduct a hearing on damages. (See prior related posting.)

In Low v. Stanton, 2008 U.S. Dist. LEXIS 14491 (ED CA, Feb. 26, 2008), plaintiff complained that while he was a pre-trial detainee, jail officials refused to furnish him a copy of the Quran in Arabic, offering him instead only an English translation. The jail furnishes Arabic versions (that are more expensive) only to inmates who are fluent in Arabic. In this decision, a California federal magistrate judge recommended granting summary judgment to defendants on plaintiff's Establishment Clause and equal protection claims, but permitting plaintiff to proceed on his Free Exercise and RLUIPA claims.

In Walls v. Schriro, 2008 U.S. Dist. LEXIS 14539 (D AZ, Feb. 26, 2008), a Hare Krishna prisoner alleged that his rights under the First Amendment and RLUIPA were being violated when he was denied a proper religious diet, a religious hairstyle, religious services and visitations. An Arizona federal district court granted defendants' motion for summary judgment on the claim regarding religious visits and services. It also held that defendants had qualified immunity from damage claims under RLUIPA as to plaintiff's other allegations. However the court permitted plaintiff to move ahead with his other claims.

In Whitfield v. Lawrence Correctional Center, 2008 U.S. Dist. LEXIS 14945 (SD IL, Feb. 27, 2008), an "African Hebrew Israelite" prisoner claimed he was denied religious services and programs and adequate meals that comply with his religious beliefs. He also argued that African Hebrew Israelites receive an insufficient share of religious programming funds. Finally he alleges he was forced to receive a "T.B. shot" while he was observing the Sabbath. An Illinois federal district court permitted plaintiff to move ahead with ten of his 13 claims.

In Oakes v. Green, 2008 U.S. Dist. LEXIS 15106 (ED KY, Feb. 27, 2008), a Kentucky federal district court rejected an inmate's First Amendment and RLUIPA challenges to prison grooming regulations.

ACLU Sues Louisiana School Board Challenging ADF's Model Prayer Policy

The ACLU of Louisiana announced yesterday that for the seventh time it has filed a lawsuit against Tangipahoa Parish School Board and its members, this time challenging the Board's policy on opening school board meetings with prayer. The federal court complaint (full text) challenges under the Establishment Clause the Board's policy which invites clergy in local congregations, on a first-come first-served basis, to lead an opening prayer before the formal opening of the Board meeting. An ACLU challenge to the Board's earlier prayer policy was dismissed by the 5th Circuit Court of Appeals on standing grounds because there was no evidence in the record that plaintiffs ever attended a school board meeting where a prayer was recited. (See prior posting.) Plaintiff in the new case is a taxpayer, voter, father of two children enrolled in the local schools, and attends board meetings.

The AP yesterday reporting on the lawsuit said that the complaint "describes three board meetings at which ministers from different Christian denominations made Christian prayers. It also says [plaintiff's] wife asked ... if she could give an invocation, but was told that was reserved for ministers of congregations or police or fire department chaplains — and that being "nondenominational" would also bar her...."

This suit may have more than local significance as the policy being challenged is a Model Prayer Policy that the Alliance Defense Fund has recommended to school boards and city councils around the country. (ADF release.)