Bishops' Head Defends Stance Opposing Health Care Reform Bill

Yesterday Catholic Cardinal Francis E. George, outgoing president of the U.S. Conference of Catholic Bishops, delivered the opening address at the fall general assembly of the USCCB.  According to Catholic News Service, Cardinal George spent much of his time justifying the Bishops' opposition year to final passage earlier this year of the federal health care reform law. George said that developments since the passage of the legislation" have confirmed that "our analysis of what the law itself says was correct and our moral judgments are secure."  The Bishops opposed passage on the ground that the bill did not go far enough in protecting against federal funds being used to pay for abortions. (See prior posting.)

Mullah Omar Calls On Young Educated Afghans To Defend Islamic Values

Threat Matrix yesterday published the full text of a lengthy Eid al-Adha statement by Afghan Taliban leader Mullah Omar. In a section of his statement addressed to university students and young educated Afghan men, Omar says:

As a young educated generation and men of letters (writers) of our Islamic country, you are the leaders of tomorrow of the country. Our enemy is turning every stone to spread their cultural and ideological influence over the young generation of this Muslim country and thus jeopardize our history, religious values and our future. Our religious and historical enemy has cunningly launched a propaganda drive, spending huge amount of money in order to gradually strip our young generation of their Afghan and Islamic identity. As a young generation of this Islamic country, you have an Islamic and Afghani responsibility to confront these hostile anti-Islamic and anti-Afghan endeavors of the enemy with all your capability of tongue and pen and indefatigable struggle. Do not let your historical, religious and cultural enemy succeed.

Holder Delegates Authority To Certify Hate Crime Prosecutions; First Federal Indictments Are Handed Down

The 2009 Matthew Shepard and James Byrd, Jr. Hate Crimes Act (18 USC Sec. 249) permits federal prosecution of hate crimes-- many of which would traditionally be prosecuted under state law-- only if the Attorney General or his designee certifies that one of several statutory criteria for acting federally exists. Last week, in a rule change that is to be published in the Federal Register today (full text), Attorney General Eric Holder delegated that authority to the Assistant Attorney General for Civil Rights and, in some cases, to the Assistant Attorney General, Criminal Division, of the Justice Department. Main Justice reports on the AG's action.

Meanwhile, on Friday the Justice Department announced the first federal indictments under the 2009 Act.  A New Mexico grand jury indicted three men on charges of carrying out a racially motivated assault on developmentally disabled man of Navajo dissent. The assault included burning a swastika into the man's arm. ADL yesterday issued a press release welcoming the indictments.

Israeli Government Appoints Alternative Marriage Registrars To Validate Conversions By Military Rabbis

Today's Jerusalem Post reports on the latest developments in the ongoing tensions within the governmental religious establishment over standards and procedures for conversion to Judaism. On Sunday, the government informed the High Court of Justice that the Chief Rabbinate had appointed four new rabbinical judges from the state-administered conversion courts to act as marriage registrars who could register marriages, allowing couples to bypass city registrars. At issue is the refusal in four cities by marriage registrars to recognize the validity of conversions carried out in the army by state-administered conversion courts. The government's announcement came in a brief filed with the High Court in a case challenging the four registrars who had refused to accept conversions performed in the IDF that were not not approved by the Chief Rabbinate. Some 4,500 soldiers have been converted by military chaplains.

Recent Articles and Books of Interest

From SSRN:

• Geoffrey P. Miller, Logos and Narrative, (NYU School of Law, Public Law Research Paper No. 10-78, Nov. 9, 2010).
• Jeremy Waldron, Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation, (NYU School of Law, Public Law Research Paper, Feb. 18, 2010).
• Jessie Hill, Property and the Public Forum: An Essay on Christian Legal Society V. Martinez, (Duke Journal of Constitutional Law & Public Policy, 2010).
• Roberta Rosenthal Kwall, Creativity and Cultural Influence in Early Jewish Law, (Notre Dame Law Review, Forthcoming).
• Wilson Ray Huhn, Ten Questions on Gay Rights and Freedom of Religion, (Akron Journal of Constitutional Law and Policy, Vol. 1, 2009-2010).

The weekly publication New Europe has just published a special edition on Religious Freedom. With contributions from over 30 Europeans and Americans, the issue focuses both on special problems in Turkey and broader European concerns over the role of religion.

New Books:

• Raymond A. Schroth, S.J., Bob Drinan: The Controversial Life of the First Catholic Priest Elected to Congress, (Fordham Univ. Press, Dec. 2010).
• Michelle U. Campos, Ottoman Brothers: Muslims, Christians, and Jews In Early Twentieth-Century Palestine, (Stanford Univ. Press, Nov. 2010).

Israeli Civil Court Reverses Rabbinical Court's Enforcement of Illegal Contract

Haaretz today reports on a decision by an Israeli district court in Tel Aviv taking the unusual step of reversing a decision of a rabbinical court as being in violation of public policy. At issue is an illegal agreement between two Haredi (strictly-Orthodox) real estate developers.  When the Jewish Agency invited tenders for the purchase of a parcel of land in downtown Jerusalem, developer Avraham Tzeinwirt agreed to pay developer Aharon Eisenberg $1.15 million in exchange for Eisenberg withdrawing from the bidding. Tzeinwirt won the bid, but then refused to pay Eisenberg. Eisenberg took the matter to an Orthodox rabbinical court (Badatz) in Bnai Brak. The rabbinical court, headed by Rabbi Nissim Karelitz ordered Tzeinwirt to pay. Unhappy with the result, Tzeinwirt appealed to a civil court which found that the developers' agreement was designed to defraud both the Jewish Agency and tax authorities. The entire deal has now been canceled and the judge sent a copy of her ruling to the Jewish Agency, the attorney general, the Justice Ministry and the Antitrust Authority for them to consider the possibility of criminal charges. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Saudi Supreme Court Reverses Death Sentence Imposed On TV Psychic For Sorcery

Amnesty International reports that last week Saudi Arabia's Supreme Court reversed a death sentence that had been imposed on Ali Hussain Sibat, a popular psychic who had appeared on the Lebanese satellite TV channel Sheherazade. Sibat was arrested last year by Saudi religious police while he was on the omra pilgrimage in Medina, and was charged with practicing sorcery. (See prior posting.) An appellate court had upheld the sentence, saying that Sibat's actions made him an "infidel". The Supreme Court said that the death penalty was not appropriate because there was no proof that others were harmed by his actions. The court remanded the case for retrial, saying the lower court should consider commuting the death sentence and deporting him to Lebanon at the end of his sentence.

Recent Prisoner Free Exercise Cases

In Smith v. Beauclair, 2010 U.S. Dist. LEXIS 118662 (D ID, Nov.4, 2010), an Idaho federal district court concluded that attorneys for an inmate who sued prison officials to accommodate his Cherokee religious beliefs are entitled to an award of attorneys' fees on in connection with two of plaintiff's claims on which he was deemed to be the prevailing party (wearing of beard and access to medicinal herbs). The court awarded $41,965.

In Collman v. Skolnik, 2010 U.S. Dist. LEXIS 118718 (D NV, Oct. 8, 2010), a Nevada federal district court allowed an inmate to proceed with his lawsuit seeking to have the Philadelphia Church of God listed as a recognized faith group by prison authorities.

In Rose v. California, 2010 U.S. Dist. LEXIS 119397 (ED CA, Oct. 26, 2010), a California federal magistrate judge held that a parole hearing panel did not violate an inmate's rights under the First Amendment or RLUIPA by considering, during the parole hearing, two disciplinary reports stemming from religiously-based violations of prison rules (hair length and tobacco possession that were part of his Native American religious practices).

In Antonetti v. Skolnik, 2010 U.S. Dist. LEXIS 120063 (D NV, Oct. 25, 2010), a Nevada federal district court permitted an inmate to move ahead with his claim that "he is a devout, practicing fundamentalist Christian and has been denied access to a priest, a place of worship, communion, confessional, and congregation with those of his faith [and]... has thereby been denied forgiveness, connection to his god and chances at atonement." He also seeks a kosher diet "that is in accordance with his beliefs."

Palestinian Blogger In West Bank Faces Possible Life In Prison For Heretical Postings

AP reported Friday from the West Bank Palestinian town of Qalqilya that a mysterious blogger who angered the Arab world by his Arabic language postings blog postings and Facebook pages claiming he was God and that Muhammad had the attributes of a "primitive Bedouin" has now been caught.  It turns out that the blogger, whose website spoofing the Qur'an drew over 70,000 visitors, is Walid Husayin, a quiet 26-year old son of a Muslim scholar. Husayin led a double life, working in his father's barber shop and praying each Friday with his family. But he spent evenings blogging, in English and Arabic, arguing in favor of atheism and criticizing Islam as fostering irrationality and ignorance.  Husayin has now been arrested and charged with "insulting the divine essence."  Seer Press News says that Husayin, who was apprehended because he spent an unusual amount of time in an Internet cafe, could be sentenced to life in prison. According to Dbglobal News,even Husayin's mother wants him to be imprisoned for life to restore the family honor and protect the family.

San Francisco Resident Seeks Signatures For Initiative To Ban Male Circumcision

San Francisco (CA) resident Lloyd Schofield has submitted a proposed initiative measure to the San Francisco Department of Elections seeking to ban circumcision of males under the age of 18. The proposed ban would include circumcisions performed for religious reasons. Violation of the ban could lead to a fine of up to $1000 and up to one year in jail. In support of the proposed ban, Schofield said: "Tattooing a child is banned as a felony and circumcision is more harmful than a tattoo."  Third Age reported yesterday that in order for the initiative to be placed on the November 2011 ballot, its proponent must collect 7,168 valid signatures.

Louisiana Panel Supports New Biology Textbooks Despite Objections To Their Treatment of Evolution

A Louisiana state Board of Elementary and Secondary Education advisory panel voted 8-4 yesterday to recommend adoption of new high school life science text books, despite opposition by some who argued the books should include information on the theory of intelligent design and should pose more questions about evolutionary theory.  WWLTV News reports that objections to the books were mostly submitted through written comments while most of those who testified before the panel supported their adoption arguing that intelligent design is not science.

New Jersey County Settles DOJ Lawsuit Charging Failure To Provide Religious Accommodation

The U.S. Department of Justice announced yesterday that it had reached a settlement in its Title VII lawsuit against Essex County, New Jersey. The suit was filed on behalf of an female Muslim corrections officer who was denied permission to wear a religiously-required headscarf because it violated the Department of Corrections uniform policy. (See prior posting.)  The settlement, which must still be approved by the court, calls for the county to pay the officer,  Yvette Bashir, $25,000. It also calls for the creation of a county religious accommodation policy and county employee training regarding religious discrimination and accommodation.

1st Circuit: New Hampshire Schools' Pledge of Allegiance Recitation Is Constitutional

In Freedom from Religion Foundation v. Hanover School District, (1st Cir., Nov. 12, 2010), the U.S. 1st Circuit Court of Appeals rejected an Establishment Clause challenge, as well as other constitutional challenges, to New Hampshire's School Patriot Act that requires a time during the school day for recitation of the pledge of allegiance. Any student's participation is voluntary. Those who wish not to recite the pledge are to either stand or sit silently. Plaintiff argued that the recitation of the pledge is a religious exercise because the pledge contains the words "under God." The court said:

At the heart of FFRF's claim is its argument that those students who choose not to recite the Pledge for reasons of non-belief in God are quite visibly differentiated from other students who stand and participate.... FFRF's premise is that children who choose not to recite the Pledge become outsiders based on their beliefs about religion. That premise is flawed..... There are a wide variety of reasons why students may choose not to recite the Pledge, including many reasons that do not rest on either religious or anti-religious belief. These include political disagreement with reciting the Pledge, a desire to be different, a view of our country's history or the significance of the flag that differs from that contained in the Pledge, and no reason at all.

The Becket Fund issued a press release announcing the decision. [Thanks to Volokh Conspiracy for the lead.]

Adjunct Union Says It Should Be Recognized By NLRB At Catholic College

Riverdale, New York's Manhattan College, which holds itself out as a Catholic institution, is in the midst of a fight by its adjunct faculty to unionize.  Inside Higher Ed today reports that the school is invoking the Supreme Court's 1979 decision in NLRB v. Catholic Bishop of Chicago that held church-operated high schools are not within NLRB jurisdiction. The Court focused on the risk of free exercise infringement involved. Subsequently appellate courts broadly applied the ruling to religious colleges as well.  However, the union is arguing that adjunct faculty unions have no power to change the religious nature of a college, that Manhattan College does not meet the test of a religious institution, and that it is morally wrong for the college to invoke decisions exempting religious institutions from NLRB jurisdiction. On the issue of whether the college is a religious one, its president, Brennan O'Donnell, complained:

[T]he fact that we are a welcoming, pluralistic community is being presented as proof that we cannot be an authentic Catholic college. Questions about the number of brothers in various roles imply that the work of lay faculty, staff, and administrators is negligible in forwarding our mission, and betrays a complete incomprehension of a full generation's hard and faithful work in passing forward the charism of religious orders to lay colleagues.

Pennsylvania Voter Was Required To Affirm Address By Placing Hand On Bible

Pennsylvania's election laws allow a voter who has moved to a new address in the same county can still vote by giving a "written affirmation of the change of address to poll workers in the new precinct. (Background.) Today's Philadelphia News reports that one poll worker instead required a voter to place her hand on a Bible and state her name and address before signing in. It turns out that for decades Bibles have been part of the package of polling-place supplies. They are used to swear in election workers before the polls open. The city's voter registration administrator says that poll-worker training will be updated to cover Bible issues.

Washington Pharmacy Board Moves Ahead On Rule Change To Permit Facilitated Referrals

As previously reported, in July the Washington State Board of Pharmacy settled a lawsuit against it by agreeing to begin rule-making proceedings to amend a controversial rule that requires pharmacies to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. The rule as interpreted did permit a pharmacist with objections to have the prescription filled by a co-worker in the same store if another pharmacist was also on shift.  According to the Tacoma (WA) News Tribune, yesterday the Board of Pharmacy took the next step, voting 3-2 to ask the Board staff for recommendations on drafting a rule allowing facilitated referrals to other pharmacies for "time sensitive" medications that the pharmacy will not or cannot fill. Two of the Board members who had originally voted for settling the case now changed their minds after the Board received 5,359 comments in its rule making proceeding, 4,448 in opposition to any change. Several pro-choice groups had prepared form letters online that could be sent as comment letters. The Board majority that still supports the change says there is too much focus on Plan B. They say that small pharmacies are being driven out of business under the current rule that requires them to stock even high-cost specialty drugs. Supporters of the change agree that more than Plan B is at stake. They say there might be religious objections to furnishing life-saving HIV drugs as well, for example.

United Methodist Church Sues Break-Away Oregon Congregation

The Oregon-Idaho Annual Conference of the United Methodist Church last week announced that it had filed suit in an Oregon state court against a break-away congregation, seeking to recover for UMC the real and personal property held by the Ontario,Oregon congregation.  The complaint (full text) in Oregon-Idaho Annual Conference of the United Methodist Church v. Ontario Community Church, Inc., (OR Cir. Ct., filed 11/3/2010), asserts that UMC is entitled to the property under provisions in its Book of Discipline that specify local church property is held in trust for the denomination. The congregation broke away after its members objected to a change in clergy imposed by the bishop.  The congregation filed amended articles of incorporation describing itself as a non-denominational church and purporting to revoke any express or implied trusts created for the benefit of UMC or other bodies.The complaint also alleges that the meeting at which a vote to break away was taken was improperly called and that members lack authority to alter restrictions on local church property. AP yesterday, reporting on the decision, says that congregations in California and Alabama have left the United Methodist Church in recent years, sparking similar litigation.

Pakistani Court Imposes Death Sentence On Christian Woman For Blasphemy

Christian Today reports that in Pakistan on Sunday, a court in Punjab province sentenced a Christian woman to death for blasphemy. It also imposed a fine equivalent to two and a half years' wages. In previous blasphemy cases, the death sentence has not been carried out and this may amount instead to a life sentence. Defendant Asia Bibi, a farm worker in the village of Ittanwali, got into a heated religious discussion with Muslim fellow farm workers.  When they tried to convince Bibi to accept Islam, Bibi told them that Jesus had died for mankind's sins and asked what Muhammad had done for them. Apparently the Muslim women, offended by Bibi's remarks, began to beat her while others locked her in a room and abused her and her children. Local Muslim leaders then pressured prosecutors to file charges against Bibi.

UPDATE: CathNews India (11/15) reports that Bibi's family has appealed the conviction and sentence to the Lahore High Court.

Spanish Court Acquits Muslim Tourists Who Attempted To Pray In Catholic Church

A judge in Cordoba, Spain has acquitted eight Austrian tourists who were charged in March with offending Catholic religious sentiments by attempting to recite Islamic prayers in the Mezquita Cathedral.(See prior posting.) Prior to the 13th century, the building was a mosque and Spanish Muslims have long asserted the right to pray there.  According to Wednesday's LifeSite News, the court ruled that the tourists' actions were merely a public disorder and not an attempt to offend religious sentiments. They were aimed at supporting joint use of the building by Catholics and Muslims, and that, according to the court, does not discredit Catholic beliefs.

Naval Officers Sues Seeking Conscientious Objector Status

Last week, the ACLU announced that it had filed a habeas corpus petition on behalf of a naval officer on active duty at Groton naval base, challenging the Navy's refusal to discharge him as a conscientious objector.  In Izbicki v. Mabus, (D CT, filed 11/3/2010), (full text of petition), Ensign Michael Izbicki alleged that after he graduated the Naval Academy, his Christian beliefs developed and he ultimately concluded that he could not take someone's life or aid others in doing so. The petition cites a long list of erroneous assertions made by the Navy in rejecting Izbick's two applications for CO status. [Thanks to God and Country blog for the lead.]