Supreme Court Hears Arguments In Arizona Tuition Scholarship Tax Credit Case

The U.S. Supreme Court today heard oral arguments (full transcript) in Arizona Christian School Tuition Organization v. Winn along with Garriott v. Winn. At issue is the constitutionality of Arizona's program that gives tax credits for contributions to school tuition organizations that in turn provide scholarships primarily to children attending parochial schools. Scotus Blog has links to all the briefs filed both by the parties and by amici.  In the case, the 9th Circuit held that plaintiffs have taxpayer standing to challenge the state programs and that the programs violate the Establishment Clause. (See prior posting.) Lyle Denniston has a recap of the arguments posted at Scotus Blog. He described it as "a passionate hour spent heavily on the difference between a tax credit and a tax deduction, intertwined with a focus on the arcane subject of "taxpayer standing" to file a lawsuit...."  ABC News also reports on the arguments.

Colorado Voters Defeat Personhood Amendment

In Colorado, Amendment 62, the anti-abortion Personhood Amendment was voted down yesterday. 70% of the voters cast their ballots against the amendment. (Election results.) The Denver Post reporting on the defeat, said the result was similar to the vote on a comparable proposal in 2008. The Personhood Amendment (full text) would have applied state constitutional protections for inalienable rights, equality of justice and due process of law "to every human being from the beginning of the biological development of that human being." Opponents argued that this would not only ban abortion, but also emergency contraception in rape cases, and would limit treatment for miscarriages and tubal pregnancies and would impact infertility treatment.

South Africa Plans To Amend Tax Law To Equalize Treatment of Shariah Compliant Mortgages

Bloomberg reports today that in South Africa, the government plans to introduce new tax rules next year to level the playing field for Islamic mortgages. South African law now exempts interest under $3206 (US) earned by those under 65 years of age from taxation. The new rules will give similar treatment to made from murabahah, mudarabah and diminishing musharaka arrangements-- transactions based on the exchange of assets structured to avoid the ban on interest imposed by Shariah law. South African banks plan to increase their offerings of Shariah-compliant mortgages once the new tax rules are in place. The government may also sell Islamic bonds if the tax law amendments are adopted.

3 Iowa Supreme Court Justices Voted Out of Office Because of Their Gay Marriage Ruling

In Iowa, for the first time since the judicial merit selection system was adopted in 1962, three state Supreme Court justices were voted out of office. Chief Justice Marsha Ternus and Justices David Baker and Michael Streit each received only 45% support for retention. (Unofficial results.) The vote came as a result of a campaign by those who are opposed to the state Supreme Court's ruling last year upholding same-sex marriage. In Varnum v. Brien, (IA Sup. Ct., April 3, 2009), the Iowa Supreme Court held that the Iowa statute limiting marriage to unions between opposite-sex partners violates the equal protection clause of the Iowa Constitution. (See prior posting.)  The Des Moines (IA) Register reports that the campaign to remove the justices spent $650,000, with much of the money from out-of-state conservative and religious groups. The Iowa Independent last month profiled the various groups supporting the campaign to oust the justices. The campaign in support of the justices spent $200,000. Two trial court judges in Polk County who were also targeted kept their seats.  Judge Robert Hanson who sided with same-sex couples at the trial court level received 66% support for retention, while Judge Scott Rosenberg, targeted for signing a gay couple's marriage waiver, was retained by a 69% vote.

Oklahoma Voters Approve Ban On Courts Using Shariah Law

In Oklahoma yesterday, voters approved State Question No. 755, amending the Oklahoma constitution to bar state courts from considering or using international law or Shariah law when deciding cases. With all precincts reporting, 70% of voters cast ballots in favor of the measure. (Unofficial results.) According to AP, the sponsor of the measure, Rex Duncan, called it a "pre-emptive strike."  Some members of the Muslim community say they are prepared to file a lawsuit challenging the measure.

Supreme Court Hears Arguments In RLUIPA Damages Lawsuit

The U.S. Supreme Court today heard oral arguments in Sossamon v. Texas (full transcript). At issue is whether states and state officials in their official capacities may be sued for damages under the Religious Land Use and Institutionalized Persons Act. Scotus Blog has links to all the merits and amicus briefs as well as to the other relevant primary source documents in the case. The case was brought by a prisoner who objected to the prison's policy of prohibiting congregational worship in the prison's chapel. He claimed that alternative worship venues did not give him access to Christian symbols or furnishings such as an altar or cross. In the case, the 5th Circuit held that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding for its prisons. The text of RLUIPA merely provides that a plaintiff may obtain "appropriate relief" against  a governmental defendant. (See prior posting).

Ugandan Court Grants Temporary Injunction Against Tabloid Publishing Names of Gays

CNN and Canadian Press both report on a temporary injunction issued by a court in Uganda ordering the publication Rolling Stone (unrelated to the U.S. magazine of the same name) to stop publishing names of photos of people it claims are gay.  Last month the tabloid published the names of 100 supposedly leading gays and lesbians in the country accompanied by a yellow banner reading "hang them." On Monday it published a second list and photos of people it said are gay and urged that they be reported to the police. The gay rights group Sexual Minorities Uganda filed an invasion of privacy lawsuit that led to the temporary injunction. The next hearing in the case is scheduled for Nov. 23. Last year Uganda came under heavy criticism as a bill was introduced that would have imposed the death penalty for "aggravated homosexuality" and life imprisonment for gays. (See prior posting.) It is reported that some American evangelicals have promoted the anti-gay agenda in Uganda. (See prior posting.) Uganda is mostly Christian and, according to CNN, a Pew poll reported that almost two-thirds of the country's Christians favor making the Bible the law of the land.

Settlement Approved In Suit Challenging Ban On Wearing Rosaries In School

A New York federal district court yesterday approved a settlement in a suit that was brought on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The settlement stipulation (full text) in R.H. v. Schenectady City School District, (ND NY, Oct. 30, 2010), calls for defendants to pay the student $2500 in damages and expunge his school record. The settlement also calls for defendants to pay $20,000 in attorneys' fees. The school has already modified its policy on wearing rosaries.  American Center for Law & Justice announced the approval of the settlement. (See prior related posting.)

High-Profile Defendant Removed From Jury Selection For Singing Hymns In Court

Yesterday in Salt Lake City, Utah, jury selection began in the federal court trial of Brian David Mitchell who is charged in the high profile 2002 kidnapping of then 14-year old Elizabeth Smart. Mitchell insisted on softly singing hymns during the court proceedings.  AP reports that after a half hour of the singing, Judge Dale Kimball ordered Mitchell removed, but to another room where he was still able to watch the proceedings by closed circuit television. It is expected that Elizabeth Smart will return to Utah to testify against Mitchell. Smart is currently serving a mission for the Church of Jesus Christ of Latter Day Saints in France.

Canadian Preacher's Rights Infringed By Calgary's Limits On Use of Parks

A Canadian court in Calgary, Alberta ruled yesterday that Calgary city parks rules barring the distribution of free food, posting signs and gathering people together for religious services violates the religious freedom rights of street preacher Artur Pawlowski. The Calgary Sun reports that the court also found that the ban on using amplification systems in the park violated Pawlowski's free speech rights under Canada's Charter of Rights and Freedoms.

Israel Criticizes UNESCO Vote Classifying Two Biblical Sites As Palestinian

JTA reported  on Sunday that Israeli Prime Minister Benjamin Netanyahu has criticized as absurd a vote last month by the United Nations Educational, Scientific and Cultural Organization that classified two historical Biblical sites as "an integral part of the occupied Palestinian territories." The resolution also called from removal of the sites from Israel's national heritage list. (London Guardian). At issue are the Cave of the Patriarchs in Hebron where the Bible says that Abraham, Isaac and Jacob are buried, and the Biblical Tomb of Rachel located in Bethlehem. Muslims call the Cave Al-Ibrahimi Mosque because Abraham is buried there. Since 1996, Rachel's burial place has been called Bilal bin Rabah Mosque by Palestinians. The UNESCO Executive Board vote was 44-1 with 12 abstentions. The sole negative vote was cast by the United States. 

RLUIPA Challenge Filed To Michigan Town's Law

Crain's Detroit Business reports that a RLUIPA challenge to a Hazel Park, Michigan zoning ordinance was filed last week by the Salvation Temple Church which is seeking to open a church on residential property that has been vacant since 2002. The challenged ordinance, passed in 2005, bars religious institutions in areas zoned commercial or industrial.  They can open in residentially zoned areas with approval of the city, but Hazel Park has no residential property large enough to house a church and required parking.  The federal lawsuit claims that the zoning law effectively bars any new religious institution from opening in the city.

52 Dead In Iraq After Attack On Catholic Church

In Iraq yesterday, security forces stormed a Syrian Catholic Church that was taken over by terrorists wearing suicide vests. At least 52 people, including a priest, have been killed. It is unclear how many were killed by terrorists and how many were casualties of the security force's raid.  Canadian Press reports that the militant group Islamic State of Iraq in a website message linked the reason for the attack to two wives of Coptic priests in Egypt, The women allegedly converted to Islam in order to divorce their husbands. It is charged that Egyptian police located the women and sent them off to distant monasteries. The terrorist group that is linked to al-Quaida in Iraq, says it will exterminate Iraqi Christians if the Egyptian women are not released.

Arizona To Try Utah Appointed Fiduciary For FLDS Property On Trespass Charge

An Arizona judge last week refused to dismiss criminal trespass charges against Bruce Wisan, the special fiduciary appointed by Utah courts to reform the United Effort Plan trust that holds property of members of the FLDS Church.  According to yesterday's Salt Lake Tribune, Wisan is charged with authorizing a former FLDS member to break into homes in Colorado City, Arizona, one of the twin towns occupied by the polygamous FLDS group, to change locks on the houses. Wisan argues he is not guilty because he has a claim of right over all property held by the trust. Wisan's trial is now scheduled for Dec. 16-17.

Recent Articles Of Interest

From SSRN:

• Mary Jean Dolan, Salazar v. Buono: The Cross Between Endorsement and History, (Northwestern University Law Review Colloquy, Vol. 105, p. 42, 2010).
• Mary Jean Dolan, P.S. Untold Stories and the Cross National Monument, (October 26, 2010).
• Haider Ala Hamoudi, Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution, (St. Thomas University Law Review, Forthcoming).
• Rohen Peterson, The Emperor’s New Scanner: Muslim Women at the Intersection of the First Amendment and Full Body Scanners, (Hastings Women’s Law Journal, Forthcoming).

From SmartCILP:

• Robert J. Friedman, Religious Discrimination in the Workplace: The Persistent Polarized Struggle, 11 Transactions: Tennessee Journal of Business Law 143-165 (2010).
• Armany R. Hacking, A New Dawn for Muslims: Asserting Their Civil Rights in Post-9/11 America, 54 St. Louis University Law Journal 917-941 (2010).
• Steven D. Smith, Why Is Government Speech Problematic? The Unnecessary Problem, The Unnoticed Problem, and the Big Problem, 87 Denver University Law Review 945-970 (2010).
• Tom R. Tyler, Stephen Schulhofer & Aziz Z. Huq, Legitimacy and Deterrence Effects in Counterterrorism Policing: A Study of Muslim Americans, 44 Law & Society Review 365-401 (2010).

Recent Prisoner Free Excercise Cases

In Lockamy v. Dunbar, (5th Cir., Oct. 29, 2010), the 5th Circuit Court of Appeals rejected an inmate's claim that his rights under RLUIPA were violated by officials' classification of pages he tore out of a religious magazine as contraband and their refusal to mail them out for him.

In Shepherd v. Wenderlich, 2010 U.S. Dist. LEXIS 114269, (ND NY, Oct. 26, 2010), a New York federal district court applying the fee award limitations in the Prison Litigation Reform Act awarded attorneys' fees of $1.50 in a case in which an inmate recieved only nominal damages for a violation of his free exercise rights.

In Williams v. Mathena, 2010 U.S. Dist.LEXIS 113273 (WD VA, Oct. 25, 2010), a Virginia federal district court held that an inmate failed to show that prison officials knowingly placed a substantial burden on his free exercise of religion by taking several weeks to adjudicate his religious food request.

British Government Says Church of England Is Not Preventing Bogus Marriages

British government officials are accusing the Church of England of failing to take sufficient steps to prevent bogus marriages of foreigners to British citizens.  Marriage gives the foreign spouse the right to stay in Britain and claim government benefits.  Yesterday's London Telegraph reports that the number of Church marriages of foreigners to British citizens has nearly tripled since 2005 when new rules were adopted to require Home Office approval for marriages of foreigners in civil ceremonies, but not for marriages performed by the Church of England. (See prior related posting.)

Atheist Group Forms In Russia To Support A Secular Russian Society

Yesterday's Georgian Daily reports that in Russia, a group of atheists has come together to form the "Sanity Public Foundation." The new organization is designed to support and defend the secular character of the Russian state. Art. 14 of the Russian Constitution declares: "1. The Russian Federation is a secular state. No religion may be established as a state or obligatory one." The new group says it wants to call attention to the increasing "clericalization" of Russian society. It will adapt the international Atheist Bus Campaign to Russian conditions, which means driving around Moscow with signs advocating secularism posted on cars.

Malaysian Court Allows Women's Rights Group To Call Themselves "Sisters in Islam"

AFP reports that yesterday a court in Malaysia dismissed a lawsuit seeking to keep a vocal women's rights group from using the name "Sisters in Islam."  The suit was filed by the Malaysian Assembly of Mosque Youth who claimed that the title used by the women's group was confusing to Muslims. They argued that the women's group should operate under its legally registered name--- SIS Forum Malaysia.  The court held that plaintiffs lacked standing to file the complaint.

British City Council Says Christian Views Opposing Gay Rights Disqualifies Couple As Foster Parents

In Britain, a High Court hearing is scheduled to begin on Monday in a challenge to action taken by the Derby City Council to disqualify as potential foster parents a Christian couple who believe that homosexuality is unacceptable. Today's London Telegraph reports that the action was taken after a social worker discovered Eunice and Owen Johns' views. Those views would mean that the Johns could never tell a child that homosexuality is acceptable. In the past, the Johns have acted as foster parents to nearly 20 children. The gay rights group, Stonewall, backs City Council's action, saying that it is the interests of the child, not the prejudices of the parent, that count.  However the Christian Legal Centre that represents the Johns says that

One of the issues before the Court is whether Christian couples, who have traditional views on sexual ethics, are ‘fit and proper persons’ to foster - and, by implication, adopt. That the Court even needs to consider this is a remarkable reversal in the concept of the public good and the traditional definition of sexual morality.