At Least 23 Killed In Protests Against Burning of Coptic Church In Egypt

CNN  reports that at least 23 people were killed today in Cairo, Egypt in clashes between the army and demonstrators protesting the Sept. 30 burning of a Coptic Christian church in a small village in Aswan. Daily News Egypt last week had more background on the burning of the church that Christians were renovating in the village of Marinab. A group of Muslims claimed that the renovations were illegal, saying that a license was issued only for a service center owned by a Copt. The New York Times says that today's protests turned into a broader call by many of the demonstrators for the resignation of the military’s top officer, Field Marshal Mohamed Hussein Tantawi.

Two Amish Men Under Arrest For Attacks on Other Amish

Fox News reports today that in Steubenville, Ohio, two Amish men remain under arrest on burglary and kidnapping charges, while a third was released because he had been mistaken for his brother.  According to an AP report last week, the men under arrest are part of a dissident Amish group, mostly related, who live in the Ohio town of Bergholz. They are charged with breaking into the homes of other Amish in Carroll, Holmes, Jefferson and Trumbull counties, cutting off their beards or hair-- something which is considered degrading to the victims. Police say the attacks are in retaliation for the ostracizing of bishop Sam Mullet, leader of the Bergholz clan, over allegations of sexual abuse after a disputed 2007 police raid. The two men in custody are Mullet's sons.

Town's Mayor Has Strong Words For Group Seeking Removal of Cross

In a press release issued last week, the Freedom from Religion Foundation said it would have little choice but to sue if the town of Whiteville, Tennessee does not remove a Christian cross which a private group erected 8 years ago atop the town's water tower. Fox News reported Friday that the town council has voted to consult with Alliance Defense Fund about its legal options. Whiteville's mayor, James Bellar, had strong words for FFRF, calling them "terrorists":

A terrorist is more than a guy that flies the planes into the building. It’s anyone who can disrupt your way of living, destroy your lifestyle, cause you anxiety. It’s more than killing people. If they can disrupt your routine in life, that’s what they want to do. They are terrorists as far as I’m concerned.

New Egyptian Election Rules Ban Religious Slogans

Reuters reports that yesterday Egypt's ruling military council announced new election rules for the parliamentary elections which begin on Nov. 28.  Among the provisions in the decree are ones that strengthen the notion that Egypt is a civil state.  The decree provides: "Electoral campaigns based on the use of religious slogans or on racial or gender segregation are banned."  This may require the Islamic Brotherhood's Freedom and Justice Party to refrain from using its slogan "Islam is the solution" in the campaign.

UPDATE: Bikya Masr has more on the new election rules.

Recent Prisoner Free Exercise Cases

In Muhammad v. County of Marin, 2011 Cal. App. Unpub. LEXIS 7475 (Cal. App., Sept. 29, 2011), a California state appeals court dismissed an inmate's claim that his rights under RLUIPA were violated by a probation report that stated he "converted to the Islamic religion" while previously in prison and had manipulated Islamic religious tenets "into supporting his self involved belief system."

In Murphy v. Lockhart, 2011 U.S. Dist. LEXIS 113190 (ED MI, Sept. 30, 2011), a Michigan federal district court adopted in part a magistrate's recommendations (2011 U.S. Dist. LEXIS 115758, Jan. 31, 2011) and rejected an inmate's claim that his free exercise and RLUIPA rights were violated when prison officials refused to deliver a copy of Codex Magica that had been mailed to him because it contains information on how to write letters in code.

In Knight v. Yarborough, 2011 U.S. Dist. LEXIS 113599 (CD CA, Sept. 30, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 113710, Aug. 22, 2011) and dismissed as moot an inmate's claim that he was prevented from wearing his hair in dreadlocks for religious reasons. The state's grooming policy has since been changed and also plaintiff has been transferred to a different prison.

In Pelzer v. McCall, 2011 U.S. Dist. LEXIS 113870 (D SC, Sept. 30, 2011), a South Carolina federal district court adopted a magistrate's recommendations that among other things rejected an inmate's claim that newsletters provided by the prison chaplain's office violated the Establishment Clause.  UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 117407, June 29, 2011.

In Cooper v. Evans, 2011 U.S. Dist. LEXIS 114891 (SD IL, Oct. 5, 2011), an Illinois federal district court rejected a Buddhist inmate's claim regarding "scarring" of his ovo-lacto food tray by including Jello. However he was permitted to move ahead on several claims involving access to a religious diet and use of the prison chapel.

In Halloum v. Ryan, 2011 U.S. Dist. LEXIS 114713 (D AZ, Oct. 4, 2011), plaintiff claimed his rights were violated by various limitations on his ability to practice his Muslim religion. An Arizona federal district court dismissed a number of claims, but permitted plaintiff to move ahead on claims of denial of a religious shaving waiver, refusal to distribute a copy of the Qur'an and denial of communal prayer.

In Atkins v. Christiansen, 2011 U.S. Dist. LEXIS 110394 (WD MI, Sept. 28, 2011), a Michigan federal district court modified a magistrate's recommendations (2011 U.S. Dist. LEXIS 115040, June 6, 2011) and dismissed an inmate's claims that his free exercise and RLUIPA rights were violated when he was designated as a member of a Security Threat Group because of his membership in the Nation of Islam. Prison officials said the designation came from the inmate's affiliation with a subversive group known as the "Family."

Pastor Says Christians Should Not Vote For Romney Because He Is Not A Christian

Robert Jeffress, senior pastor of the 10,000 member First Baptist Church of Dallas (TX), has created a controversy by suggesting that Christians should not vote for Republican Presidential hopeful Mitt Romney because he is a Mormon.  According to CNN, Jeffress who introduced candidate Rick Perry at the Value Voters Conference in Washington on Saturday later told a CNN correspondent:

I think Mitt Romney's a good, moral man, but I think those of us who are born-again followers of Christ should always prefer a competent Christian to a competent non-Christian like Mitt Romney. So that's why I'm enthusiastic about Rick Perry.

Jeffress also said that the Southern Baptist Convention considers Mormonism a "cult."  But, he said, there are many other reasons also not to vote for Romney.  Rick Perry later told reporters he did not think Mormonism is a cult.

Suit Challenges Austin, Texas Disclosure Requirement For Pregnancy Center

A lawsuit was filed yesterday in federal district court in Texas on behalf of Austin LifeCare, Inc., a Christian pregnancy counseling center seeking to have an Austin (TX) ordinance requiring disclosures by limited-service pregnancy centers declared unconstitutional. The complaint (full text) in Austin LifeCare, Inc. v. City of Austin, (WD TX, filed 10/6/2011), claims that Austin City Code Chap. 10-9 violates LifeCare’s freedom of speech, assembly and association,and  religion, and denies it equal protection of the laws. The Ordinance provides:

The Owner or Operator of a Limited Service Pregnancy Center shall prominently display, at the entrance of the Center, two black and white signs, one in English and one in Spanish, that state as follows: "This center does not provide abortions or refer to abortion providers. This center does not provide or refer to providers of U.S. Food and Drug Administration approved birth control drugs and medical devices."

LifeCare claims, among other contentions, that the ordinance unconstitutionally compels speech and substantially burdens its ability to serve women in accordance with its sincerely-held religious beliefs. Jubilee Campaign issued a press release announcing the filing of the lawsuit and furnishing additional background.

Muslim Student Sues Southwest Airlines For Discrimination In Removing Her From Flight

A Muslim-American graduate student at San Jose State University filed a religious discrimination lawsuit yesterday in California federal district court against Southwest Airlines.  The suit grows out of the airline's removal last March of psychology student Irum Abbasi from a flight bound for San Diego because a flight attendant though she heard Abbasi say "it's a go" on her cell phone.  In fact, Abbasi said "I have to go," because the plane was about to depart. AP reports that Abbasi was searched and cleared for reboarding, but was prevented from doing so when the crew was uncomfortable with that decision. Instead she was given a voucher and boarding pass for the next San Jose flight. The delay caused her to miss a critical research experiment that she needed to complete for her graduate studies. The lawsuit contends that Abbasi was removed under these circumstances only because she was wearing an Islamic head covering.

Christian Proselytizers Lose Most Claims Against Chicago for Location Restrictions

In Marcavage v. City of Chicago, (9th Cir., Oct. 4, 2011), a Christian outreach group, Repent America, sued claiming that their religion, free speech and equal protection rights were violated during the 2006 Gay Games in Chicago when police in three instances ordered the group to change the location of their activities.  The court held that police orders given at two locations were content neutral and narrowly tailored to prevent interference with pedestrian traffic. Two of the 3 judges held that claims as to plaintiff's treatment at Gateway Park, adjacent to Navy Pier, should be remanded for further clarification of the reasons for the city's permit policy there. Courthouse News Service reports on the decision. (See prior related posting.)

Fired Ohio Science Teacher Loses Bid For Additional Hearing

An Ohio common pleas court judge has ruled that fired middle-school science teacher John Freshwater is not entitled to an additional hearing on his dismissal for teaching creationism and promoting Christian religious beliefs in class. According to yesterday's Columbus Dispatch, the judge, after reviewing the 6,344 page long hearing transcript, ruled that Freshwater's request for additional hearings is not well taken. (See prior related posting.)

Settlement Reached On Religious Head Coverings In Georgia Court

The ACLU of Georgia announced yesterday that a settlement has been reached in a lawsuit against the city of Douglasville, Georgia brought last year by a Muslim woman who was told she could not enter a municipal courtroom unless she removed her hijab (religious headscarf). She was held in contempt and temporarily jailed when she got in an argument with security guards. (See prior posting.) Under the settlement, the city has adopted a new screening policy (full text) for those entering the court with a head covering worn for religious or medical reasons. Where security requires removal of the head covering, the individual may do so in a private area in the company of a same-gender security guard. After this screening, the individual may place the head covering back on. For individuals detained, full face arrest photos may be taken with the person wearing his or her head covering.

Former Security Agency Employee Sues Claiming Discrimination Because of Wife's Religious Activities

AP reported yesterday that an employment discrimination lawsuit has been filed in a Virginia federal district court against the National Geospatial-Intelligence Agency by a former employee who alleges that his security clearance was revoked solely because of his wife's Muslim religion, her constitutionally protected speech and her association with a faith-based Islamic organization. Plaintiff Mahmoud Hegab, who worked as a budget analyst, says his top-secret clearance was revoked in November after he got married because officials were concerned about his wife's schooling at the Islamic Saudi Academy in Virginia, her employment with the Islamic charity Relief USA, and her participation in a 2003 anti-war rally sponsored by a group that has worked together at times with Palestinian activists.

Ohio Prison Response To Muslim Food Issue Threatens Suit By Pork Producers

AP reported yesterday that the Ohio prison system finds itself with threatened lawsuits from competing directions as it attempts to respond to demands of Muslim inmates for Halal food. When Muslim inmates sued seeking to have access to non-pork meat products slaughtered according to Islamic law, Ohio responded by merely removing pork from all prison menus.  Now the Ohio Pork Producers Council is threatening to sue to challenge the prisons' removal of pork products.  All of this is a bit puzzling, since Muslim inmates were not seeking removal of pork, but instead access to pre-packaged Halal meals, similar to meals served in the kosher meal program. And the $27,000 per week of pork rib patties served in the prisons are furnished by a Michigan company so that removal of this does not affect Ohio producers.

Equal Access For Bible Club Does Not Require School-Furnished Paid Adviser

In Youth Alive v. Hauppauge School District, 2011 U.S. Dist. LEXIS 113628 (ED NY, Sept. 30, 2011), an extracurricular student Bible club at a New York high school complained that its rights were being violated when the school insisted on its having a volunteer monitor instead of a paid staffer that is furnished to other groups to supervise its meetings.  The group contended that an unpaid adviser will cancel meetings at a greater rate than would a paid staff person.  A New York federal district court held that the federal Equal Access Act does not require the school district to provide a paid adviser.  The court also held that the refusal to provide a paid adviser does not substantially burden the group's free exercise of religion or infringe its free speech rights.  However it found that the parties' briefing leaves open a question of fact as to plaintiff's equal protection claim, as well as the claim for nominal damages from the group's treatment during its initial formation.

Muslim Scholars Criticize Female Shariah Magistrates In Kenya

On Islam reported yesterday that in Kenya, Muslim scholars are critical of a decision by Kenyan Chief Justice Willy Mutunga to create the position of female magistrate in the nation's Islamic courts.  There are 17 Kadhis courts in Kenya which deal with matters of personal status such as marriage, divorce and inheritance. Under Kenya's 2010 constitution, Kadhis courts are part of the government court system, subordinate to superior courts. Egypt, Tunisia, Sudan, and Turkey all have female Shariah court magistrates. (See prior related posting.)

Supreme Court Hears Oral Arguments In Hosanna-Tabor Case

The U.S. Supreme Court today heard oral arguments (full transcript) in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. In the case, the 6th Circuit refused to apply the "ministerial exception" to a retaliation claim under the Americans With Disabilities Act brought by a parochial school teacher. Answering a question from Justice Ginsburg, Douglas Laycock, representing the school, argued for broad coverage of the ministerial exception doctrine, saying:

If she's commissioned as a minister and if that is not a sham, then we think that makes her a minister. If you have a Jesuit teaching physics, we think he is still a priest and he is still controlled by the ministerial exception....

JUSTICE GINSBURG: ... did I understand you before, in response to Justice Sotomayor and Justice Scalia, that even if she were merely a contract teacher, the fact that she teaches religion classes would be enough for her to qualify for the ministerial exception? 

 MR. LAYCOCK: Yes. And the fact that she's a commissioned minister is the clincher in this case.

Justice Scalia then probed the meaning of "commissioned minister:

JUSTICE SCALIA: And that term is a legal term. What constitutes a minister is -- is decided by the law, not by the church, right?

MR. LAYCOCK: That is correct.

The government, represented by Assistant to the Solicitor General Leondra Kruger urged the Court to take an approach that does not focus on the traditional "ministerial exception" tests:

MS. KRUGER: The contours -- the inquiry that the Court has set out as to expressive associations we think translate quite well to analyzing the claim that Petitioner has made here. And for this reason, we don't think that the job duties of a particular religious employee in an organization are relevant to the inquiry.

... the government's interest in this case is not in dictating to the church-operated school who it may choose to teach religion classes and who it may not. It is one thing and one thing only, which is to tell the school that it may not punish its employees for threatening to report civil wrongs to civil authorities. That is an interest that we think overrides the burden on the association's religious message about the virtues of internal dispute resolution as opposed to court resolution.

The merits and amicus briefs in the case are available online. ScotusBlog has a summary of the arguments.The Los Angeles Times also reports on the oral arguments.

USCIRF Reauthorization Bill Still Pending [CORRECTED]

The U.S. Commission on International Religious Freedom was scheduled to go out of business last week.  22 USC Sec. 6436 originally provided that USCIRF "shall terminate on September 30, 2011." A reauthorization bill, HR 2867, passed the House on Sept. 15 and is now pending in the Senate. The reauthorization bill would reduce the number of Commission members from 9 to 5. However USCIRF was saved by provisions in two separate Continuing Appropriations Acts (HR2017 and HR2608). Both extended the life of USCIRF. HR 2017, signed by the President on Sept. 30, extended the Commission's life to Oct. 4.  HR2608, signed by the President on Oct. 5 extended USCIRF to Nov. 18. So USCIRF remains in business for now. An opinion piece in yesterday's Huffington Post by Suhag Shukla, Managing Director of the Hindu American Foundation, suggests that greater reform of USCIRF is needed.  She argues that the Commission's history causes it to focus disproportionately on persecution of Christian minorities. [Thanks to Don Byrd for the lead.]

School's Exclusion of Good News Club From Enrichment Program Upheld

In Child Evangelism Fellowship of Minnesota v. Minneapolis Special School District No. 1, 2011 U.S. Dist. LEXIS 113380 (D MN, Sept. 30, 2011), a Minnesota federal district court refused to issue a preliminary injunction to require school officials to include the Good News Club in the school district's formal After-School Youth Enrichment Program that includes school publicity, busing and snacks for participants. Instead GNC was allowed to use school space as a Community Partner, but was denied other benefits furnished to groups in the program. The court said:

CEF has cited no cases in which a court found proselytizing and prayer proper content for school-sponsored speech. Here, the District has at most engaged in content discrimination, in keeping religious prayer and proselytizing from the limited designated public forum of the After-School Program, while at the same time providing after-school facilities to CEF as a community partner....

Although it is a close question, on balance the Court finds it likely that the organizations participating in the After-School Program engage in school-sponsored public speech. Such organizations are selected by the District for additional benefits separate from those of the larger group of CPs, the forms, flyers, and other information communicated to parents bear the logos and information of District employees, and the Site Coordinators exercise some control over the content of the After-School Program. Further, an objective observer, including the parents of After-School Program attendees, could reasonably believe that a religious program held on school grounds, for which they gave permission on a sheet including other school-sponsored activities, and which involves travel on a school bus, has the imprimatur and support of the school itself.

Canada Considers Creating Office of Religious Freedom In Foreign Affairs Ministry

Catholic Register reported that on Monday Canada's Foreign Affairs Minister John Baird, with 100 religious leaders present, opened formal consultations on creation by Canada of an Office of Religious Freedom. In his remarks (full text) Baird said in part:

This office will be created to promote and protect freedom of religion and belief, consistent with core Canadian values such as freedom, democracy, human rights and the rule of law. Most importantly, it will demonstrate that Canada truly is a free society.

CBC News has additional background.

Indian Court Says Temple Board Must Be Open To Lower Castes

In Thrissur, the cultural capital of the Indian state of Kerala, a court has ruled that membership in the governing board of the Thiruvambady temple cannot be limited to upper caste Hindus, but must be open to all castes.  The Pioneer reported today that the bylaws of the Thiruvambady Devaswom Board currently allow 1300 board members, limited to upper class Hindus from three specified areas.