New Zambian Draft Constitution Has Lengthy Religious Freedom Provisions

In Zambia, on April 30, Justice Annel Silungwe, chairman of the Technical Committee on Drafting the Zambian Constitution released for public comment the first draft (full text) of a new Zambian Constitution. The draft Constitution includes unusually long provisions on freedom of religion. The 320 article document begins with the following:

WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:

ACKNOWLEDGE the supremacy of God Almighty;

DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that person’s freedom of conscience or religion;

UPHOLD the human rights and fundamental freedoms of every person and recognise the equal worth of different communities in our Nation;

Article 35 of the draft then provides:

35. (1) A  person has the right to freedom of  conscience, religion, thought, belief and opinion.

(2) A person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, observance, practice or teaching.

(3) Clause (2) does not extend to- (a) anti-Christian teaching and practice; (b) propaganda to incite religious wars; and (c) any conduct that infringes  the enjoyment of  religious freedoms by others.

(4) A religious community shall be entitled, at its own expense, to establish, maintain and manage educational institutions, facilities and programmes for, and to provide religious instruction to, members of that community.

(5) Religious  observance and instruction may be conducted at State or State-aided institutions as long as -
(a) the facilities  for that religious observance and instruction at  that institution are made available on an equitable basis, having regard to the beliefs of the population served by that institution; and
(b) attendance, observance or instruction is  voluntary.

(6) A person shall not be deprived of access to any institution, employment or facility, or the enjoyment of any right or freedom because of that individual’s religious beliefs.

(7) A person shall not be compelled –
(a) to take an oath that is contrary to that individual’s religion or belief or that involves expressing a belief that the individual does not hold;
(b) to take an oath in a manner that is contrary to that individual’s religion or belief;
(c) to receive instruction in a religion that is not that individual’s religion or to attend a ceremony or observance of that religion;
(d) by a public body or public officer to disclose that individual’s religious conviction or belief; or
(e) to do any other act that is contrary to that individual’s religion or belief.

Voice of America reports on other aspects of the new draft.

Texas Church Wins In Settlement of RLUIPA Case

Becket Fund announced this week that a settlement has been reached in the RLUIPA lawsuit brought by Elijah Group (a church) against the city of Leon Valley, Texas.  Last year the 5th Circuit held that the city's zoning law that prohibits churches from operating in areas zoned for business violates the equal terms clause of the Religious Land Use and Institutionalized Persons Act (See prior posting.) Under the settlement, the city will allow the church to continue to meet on the property it leases, and the city will also pay $250,000 for the church's legal fees.

Free Exercise Clause Does Not Bar Court From Deciding Whether Trade Secret Was Misappropriated

Art of Living Foundation v. Does, 2012 U.S. Dist. LEXIS 61582 (ND CA, May 1, 2012) is a copyright infringement and trade secret misappropriation case brought by foundation that teaches the wellness and spiritual lessons of Ravi Shankar, including courses on breathing, meditation, and yoga. One of the defendants posted copies of the Foundation's teaching materials on his blog. The court held that it could decide the trade secret claims without being required to interpret Hindu beliefs or other religious teachings.

Defendants argue that the alleged trade secrets are merely conventional Hindu mystical claims, and that insofar as the Foundation claims it has added novel elements to traditional Hindu concepts, determining this "would ensnare the judicial system in questions of religious doctrine" in contravention of the 1st Amendment's free exercise clause. The court, however, disagreed concluding that it can determine the trade secret status of the materials just as it would any secular work by comparing the material to what is generally known to the public, considering whether plaintiff derived economic value from the nondisclosure, and evaluating whether plaintiff took reasonable measures to maintain the secrecy of the information. Quoting from an earlier case, the court said:

"While the trade secret laws did not necessarily develop to allow a religion to protect a monopoly in its religious practices, the laws have nonetheless expanded such that [a religious entity's] techniques, [if] 'used in the operation of the enterprise,' are deserving of protection if secret and valuable."

The court then added:

A defendant cannot deprive a plaintiff's materials of trade secret protection simply by invoking the Free Exercise Clause through allegations that the materials overlap with religious doctrinal principles.

Positions of Egyptian Presidential Candidates On Religion and State Published

Aswat Masriya yesterday published a compilation of the positions of each of Egypt's 12 Presidential candidates  on whether they prefer a religious or civil state. Amre Moussa, seen as the leading candidate by a recent poll, said:

Article 2 in the constitution which states that Sharia is the main source of legislation offers a brilliant and logical basis for Egypt to follow, anything else will not be appropriate. The Egyptian people will not tolerate "the Propagation of Virtue and the Elimination of Sin" approach.

Abdel Moneim Aboul Fotouh, also one of the leading candidates and a former member of the Muslim Brotherhood said:

A modern civil state inspired by Sahria - in agreement with moral principles of monotheistic faiths - that allows for the reactivation of Egypt's regional role in the Middle East, Africa and Islamic region.

Austria's New Religion Law Threatens Liberal Jewish Congregation's Independence

A small liberal Jewish congregation in Austria has applied for official status as a "Kultusgemeinde," or official Jewish community.  According to JTA yesterday, if the recognition is not granted to Or Chadash before Austria's new religion law (passed last month) takes effect, the liberal congregation will be subject to control by Orthodox Jewish authorities. The new law creates  religious boards consisting of representatives from state-recognized religious communities. The boards will then have control over all religious matters, including conversions, marriages and burials, as well as over funding for schools, teachers and buildings. Currently all 5 recognized Jewish communities in Austria are Orthodox.  Or Chadash was unsuccessful in its attempts to get Parliament to explicitly recognize Liberal Judaism in the new law.

Kuwait's Parliament Passes New Blasphemy Law With Potential Death Penalty

Bloomberg News reports that Kuwait's Parliament yesterday, by a vote of 40-6, passed a strict new blasphemy law.  Under the law, any any Muslim who, through any form of expression, insults God, his prophets, messengers, Prophet Mohammad’s wives or the Qur'an will be subject to the death penalty unless the defendant repents. If he does, then the judge is to instead impose a sentence of at least 5 years in prison and a fine equivalent to $36,000 (US).  Non-Muslims who commit blasphemy are subject to a 10 year prison sentence. The law must still be signed by the emir and published in the Official Gazette within a month for it to take effect.

Indonesia Prosecutes Atheist For Blaspehmy

The Guardian reported yesterday that in Indonesia, for the first time an atheist is being prosecuted for blasphemy, which includes a violation of the first pillar of Indonesia's state philosophy – pancasila, which requires belief in one god. Alex Aan was arrested for posting "God doesn't exist" on his Facebook page.  He was moved to a rural prison after other inmates at the local prison in Padang in west Sumatra badly beat him when they learned of the charges against him. If convicted, Aan faces up to 11 years in prison. Under Indonesian law, the practice of Islam, Catholicism, Protestantism, Buddhism, Confucianism and Hinduism is protected. Questioning those faiths is treated as "insulting a major religion," and is punishable by 5 years in prison, with 6 years added if the defendant uses the Internet to spread the blasphemy.

Religious and Secular Groups Urge Executive Order Barring LGBT Discrimination By Government Contractors

Yesterday, 23 national organizations (Jewish, Christian, Muslim, humanist and secular) sent a letter (full text) to President Obama expressing disappointment that he has decided not to issue an executive order to add sexual orientation and gender identity to the prohibited forms of discrimination by government contractors. Urging the President to reconsider his decision, the letter said:

Our various faith traditions and belief systems counsel the treatment of all people with dignity. They inspire us to act with compassion and to work to ensure that all are accorded respect and equal opportunity. Moreover, many of us draw on our experience as members of groups that historically have known discrimination as a reminder of the importance of such anti-discrimination measures as a means of ensuring fairness in employment.

The Religious Action Center of Reform Judaism coordinated the letter.

Libya's Ban On Religious Parties Is Reversed

EuroNews reports that Libya's National Transitional Council has reversed a law adopted last month that banned political parties based on religion, tribe or ethnicity. (See prior posting.) Yesterday it promulgated an amended version of the law on formation of political parties that makes no mention of the ban. The Muslim Brotherhood is likely to be the most organized party that emerges.  The Council also promulgated another law that prohibits "offend[ing] the 17th February revolution, anyone who insults the Islamic religion or the state and its institutions." It also bans "glorification of Muammar Gaddafi, his regime, ideas and his children."

Pakistan Court Stays Current Hajj Quota Allocations

In Pakistan yesterday, the Lahore High Court stayed, pending a hearing on May 9, the current process of allocating Hajj quotas to tour operators.  The News reports that the lawsuit was filed by competing tour operators because the the Ministry of Religious Affairs was allocating quotas only to Hajj group organizers who had been registered in the past. This leads to high prices that makes Hajj unaffordable to many. Petitioners claimed that the Ministry's current limits violates Hajj Policy 2012 under which both old and new operators should be given an equal chance.

Meanwhile, according to today's Express Tribune, Pakistan's Supreme Court yesterday expressed concern over the slow progress of the Federal Intelligence Agency's investigation of alleged corruption in 2010 Hajj arrangements.

Suit Against Pastor Over Affair With Woman He Counseled Moves Ahead On Some Claims

St. Louis Today reports on developments in a Missouri state court lawsuit by Darrell and Rhonda Pitt against Pastor Bill Little and his now dissolved Christ Memorial Baptist Church of Cool Valley. The suit claims that in the 1980's, Little, who was a licensed psychologist as well as a pastor, had an affair with Rhonda Pitt who was then his secretary. Three years earlier, the Pitts began joint marriage counseling with Little, and at the time of the affair, Rhonda was continuing individual counseling with him. This week, the court dismissed sexual misconduct claims against Little on statute of limitations grounds. However the court allowed the Pitts to proceed with claims that Little defamed Rhonda Pitt from the church pulpit, as well as Darrell Pitt's claims of negligence and breach of fiduciary duty against Little and the church. The court also permitted the Pitts to have access to church documents to determine what knowledge the church had of Little's conduct. Meanwhile Little, who has retired from the pulpit and given up his psychologist's license, has filed counter-claims alleging that Darrell Pitt damaged his reputation by telling congregants that Little had raped Rhonda. Little also claims emotional damage from fiery letters sent to him in 2010 by Darrell Pitt.

American Indian Religious Freedom Act Suit Against NCAA Dismissed

In Spirit Lake Sioux Tribe of Indians v. National Collegiate Athletic Association, (D ND, May 1, 2012), a North Dakota federal district court dismissed a lawsuit brought by a group Sioux Indians who are challenging an NCAA policy that led the University of North Dakota to end the use of  "Fighting Sioux" as its team nickname. The NCAA policy prohibits the display of Native American nicknames, mascots, and imagery at events conducted under NCAA auspices. The court described the lawsuit as part of a "never-ending saga" which has involved "a spectrum of protests for and against the name, tribal resolutions, state laws, and fierce public debate."  In this lawsuit, plaintiffs claim that in 1969 a delegation from the Standing Rock Tribe, and at least one representative from the Spirit Lake Tribe, traveled to the UND campus and conferred on the university, in a ceremony involvling the lighting of a sacred pipe, the right to use the nickname “Fighting Sioux” in perpetuity.

Among the numerous claims raised by plaintiff is the allegation that the NCAA violated the American Indian Religious Freedom Act by failing to acknowledge the significance of the 1969 pipe ceremony, a sacred ritual with a basis in traditional tribal religion. However the court held that the American Indian Religious Freedom Act does not create any judicially enforceable rights. The court also rejected the claim that the NCAA had violated the Indian Civil Rights Act, since that Act only protects against infringements of individual rights by tribal governments. AP reports on the decision.

Court Defers To Church Hierarchy In Dispute Over Control of Church Funds

In Stoupine v. Petrovsky, (NJ App., April 30. 2012), a New Jersey state appellate court, invoking the ecclesiastical abstention doctrine, dismissed a lawsuit between factions of the St. Nicholas Russian Eastern Orthodox Church in Red Bank, NJ.  At issue was a dispute between members of the parish council and the church's new rector over who had control of the church's bank accounts. Members of the parish council appealed to the church hierarchy which ultimately ruled that transfer of funds to a new account initiated by the former and the new rectors was proper. The court said:

we cannot divine an adjudicatory role for a civil court in this case that would not intrude upon the church's ecclesiastical domain.... In essence, plaintiffs want the court to reverse the actions of the ecclesiastical hierarchy respecting church governance....  Matters of church governance, predicated upon its canons and hierarchical structure, should not be the subject of secular judicial resolution.

Michigan Legislative Prayer Caucus Formed

In Lansing, Michigan yesterday, 30 members of the state legislature attended the inaugural event of the newly formed Michigan Legislative Prayer Caucus. They shared Bible verses and quotations about religion from America's founders. M Live reports that 38 members have joined the Caucus so far. According to a statement issued by the Caucus, it is "a nonpartisan body of believers of Scriptural Truth, adhering to established Judeo-Christian principles and religious liberties that were widely practiced by the founders of these United States of America and the state of Michigan."  Some are concerned that the Caucus has limited itself to Judeo-Christian principles, but supporters say it is open to anyone regardless of their religious belief. Meanwhile, in connection with National Day of Prayer events (see prior posting), Michigan Gov. Rick Snyder signed a proclamation declaring today as Michigan Day of Prayer.

Tomorrow Is National Day of Prayer

President Obama has issued a Presidential Proclamation (full text) declaring tomorrow to be a National Day of Prayer. The Proclamation reads in part:

On this National Day of Prayer, we give thanks for our democracy that respects the beliefs and protects the religious freedom of all people to pray, worship, or abstain according to the dictates of their conscience. Let us pray for all the citizens of our great Nation, particularly those who are sick, mourning, or without hope, and ask God for the sustenance to meet the challenges we face as a Nation.

The Proclamation is called for by 36 USC Sec.119.  The National Day of Prayer Task Force website lists events around the country marking the day. Meanwhile, as reported by the Christian Post, the American Humanist Association and the Secular Coalition of America are promoting tomorrow as a "National Day of Reason".  A spokesperson for the American Humanist Association said: "The National Day of Prayer demeans millions of Americans who believe that reason, not prayer, is the way to solve the country's problems."

UPDATE: For clarification, it should be noted that the National Day of Prayer Task Force is a private, not a governmental, organization.  It focuses on mobilizing for Day of Prayer events in the Christian community. It lists events sponsored by groups that confirm a fundamentalist Christian statement of faith.

President Declares May As Jewish American Heritage Month

President Obama yesterday issued a Presidential Proclamation (full text) declaring May 2012 as Jewish American Heritage Month. The Proclamation reads in part:

Their history of unbroken perseverance and their belief in tomorrow's promise offers a lesson not only to Jewish Americans, but to all Americans. From Aaron Copland to Albert Einstein, Gertrude Stein to Justice Louis Brandeis, generations of Jewish Americans have brought to bear some of our country's greatest achievements and forever enriched our national life. As a product of heritage and faith, they have helped open our eyes to injustice, to people in need, and to the simple idea that we might recognize ourselves in the struggles of our fellow men and women.

The Library of Congress is hosting a special website dedicated to Jewish American Heritage Month.

Hawaii Is Settling Suit By Activist Who Was Roughed Up After Protesting State Senate's Opening Prayer

Courthouse News Service reported yesterday that the state of Hawaii agreed last week in federal court to settle a lawsuit brought against the president of the state Senate and various security officers by Mitchell Kahle, founder of Hawaii Citizens for Separation of Church and State, and by a cameraman who accompanied Kahle to a Senate session at which Kahle stood up and peacefully protested the prayer that was being offered in opening the session. The complaint (full text) in Kahle v. Hanabusa, (HI Cir. Ct., filed 4/27/2012), subsequently removed to federal court, alleged that Kahle and camera man Kevin Hughes were roughed up by security personnel as they were removed from the Senate galleries after Kahle stood up and protested the invocation. The Hawaii Senate Finance Committee is considering a bill to appropriate $100,000 to implement the settlement in the case.

French Group Sues Google Over Autocomplete Suggestion of "Rupert Murdoch Jewish"

Search Engine Journal yesterday reported on a lawsuit filed in France against Google complaining that its search engine's autocomplete function mislabels celebrities, often connecting them to a persecuted religion.  The suit, filed by SOS Racisme, complains that when the name "Rupert Murdoch" is Googled, the autocomplete function suggests "Rupert Murdoch Jewish" as a search term. The initial hearing in the case is scheduled for today. Last year, SOS Racisme threatened to sue Apple over an iPhone app called "Jew of Not Jew?" that purported to identify whether various celebrities were Jewish. The app was removed from the French iPhone app store. (See prior posting.)

Court Says Synagogue May Bring Summary Proceeding To Evict Caterer Licensee

Jem Caterers of Woodbury, Ltd. v. Woodbury Jewish Center, (Nassau Co. NY Sup. Ct., April 26, 2012), involves a dispute between a synagogue and a caterer that had entered into a license agreement with the synagogue to conduct catered events at the synagogue.  The caterer stopped paying amounts (described as "contributions toward maintenance," of which over $611,000 was owed) that it was to pay the synagogue and brought suit for breach of contract claiming the synagogue had not maintained the facilities as required by the license agreement-- a claim that the synagogue denied.  A New York trial court denied declaratory and injunctive relief to both sides, holding that the proper remedy is for the synagogue to bring a summary proceeding under RPAPL Sec. 713 to recover property from a licensee. The synagogue had already begun such a proceeding, having served a a notice of termination and ten-day notice to quit on the caterer. The court denied the caterer a TRO to restrain the synagogue from exercising its right to revoke the license because, according to an affidavit, the caterer had prepared non-kosher food in a kosher kitchen, used the same truck and dishes for both kosher and non-kosher food, and retained tip money that should have gone to the caterer's employees. According to the court, the reputation of the synagogue and its rabbi will be irreparably harmed if the caterer is allowed to continue to use its kitchen.

Hasidic Synagogues In Quebec Reported To Sell Illegally Imported Wine

Tablet yesterday carried a long article on the sale of bootlegged kosher wine by Hasidic synagogues in Canada's province of Quebec. In Montreal, stores owned by the Société des Alcools de Quebec ("SAQ") have a monopoly on the legal sale of wine, but their selection of kosher wine is meager. Anyone wanting to import wine from outside the province must obtain a permit from SAQ. Some in the Hasidic community are ignoring these requirements.  As reported by Tablet:

The synagogues ... bring the wine in from Ontario. By doing so, they avoid Quebec taxes and utilize an Ontario law that makes wine used for religious purposes 17 percent cheaper than market price. The illegal wine shops serve a number of purposes; they make money for the synagogues and offer a selection that is far superior to that of the SAQ stores. Boro [a lawyer who has represented a synagogue charged with violating permit requirements] stresses that the bootlegging is not only about profit, but also about the needs of the community; observant Jews in Montreal, Boro said, have repeatedly asked the SAQ to get a better kosher selection. The SAQ constantly says it will but never actually does.