Lawsuit Challenges California School District's Yoga Offerings As Government Support of Religion

The National Center for Law and Policy announced yesterday that it has filed a lawsuit in state court in California challenging the Encinitas Union School District's decision to offer a yoga program as part of its curriculum.  According to the press release:

The lawsuit is the result of EUSD’s decision to accept $533,000 from the Jois Foundation in exchange for providing the religiously-based organization access to its young and impressible students to test and prove the feasibility of Jois’ "health and wellness" Ashtanga yoga curriculum.... EUSD’s Ashtanga yoga program is inherently and pervasively religious, having its roots firmly planted in Hindu, Buddhist, Taoist, and Western Metaphysical religious beliefs and practices.  As such, the program violates California constitutional provisions prohibiting government religious preference and religious discrimination (article I, § 4), prohibiting use of state resources to support religion (article XVI, § 5), and forbidding employing government resources to promote religion in public schools (article IX, § 8).

The allegations in the complaint were supported by a declaration (full text) from Candy Gunther Brown, an associate professor of religious studies at Indiana University. AP reports on the lawsuit.

Spain Agrees That Children Adopted From Morocco Will Remain Muslim

The Gatestone Institute reported yesterday that the government of Spain has agreed with the government of Morocco that Moroccan children adopted by Spanish families will be required remain culturally and religiously Muslim.  The Spanish government will create a "control mechanism" that will allow Moroccan religious authorities to monitor the children until they reach the age of 18 to see that they have not converted to Christianity. Spain agreed to these conditions so that Spanish families who are in the process of adopting Moroccan children can bring them to Spain.

Morocco has a high rate of child abandonment, and Spain has been an important source of adoptive parents for Moroccan chiidren.  As explained in a Morocco News Board report last year, in Islamic law raising a child that is not one's genetic offspring is encouraged, but the young person does not become the true child of the adoptive parents. Instead, in an arrangement known as kafala the child is monitored to assure that he or she is raised as a Muslim.  Because monitoring of children abroad is difficult, last year Morocco's Ministry of Justice and Freedoms issued Circular No. 40 S/2 providing that kafala would be allowed only for parents who reside permanently in Morocco. Spain's new arrangement allows Spanish parents to avoid the restrictions in Circular 40 S/2. [Thanks to Louis Offen for the lead.]

Parent's Claim In School "Candy Cane" Dispute Dismissed On Qualified Immunity Grounds

Last month, a Texas federal district court issued yet another decision in the 7-year long litigation challenging the Plano school district over school rules that, among other things, precluded a student from handing out candy canes with an attached religious message.  The most recent decision involved a complaint by one of the parents who was denied permission to hand out a card describing the religious legend of the candy cane to other parents at his son's school Winter Break party.  In Morgan v. Plano Independent School District, (ED TX, Jan. 15, 2013), the court adopted a magistrate's recommendation (Sept. 25, 2012) and, based on an earlier 5th Circuit decision, dismissed the complaint on qualified immunity grounds. Courthouse News Service yesterday reported on the decision.

In Sri Lanka, Radical Buddhist Party Stirs Up Anti-Muslim Sentiment

In Sri Lanka, a Buddhist country with a 10% Muslim minority, the radical Buddhist party, Bodu Bala Sena (Buddhist Strength Force), is stirring up anti-Muslim sentiment. It is calling on the government to ban halal food certification, ban the building of mosques with funds from Middle Eastern countries, and prohibit sending Sri Lankan women to work in the Middle East. Yesterday's Khaleej Times reports that thousands attended an anti-Muslim rally last Sunday. Bodu Bala Sena Secretary Galaboda Aththe Gnanasara Thero, claiming that Muslim extremists are threatening the Buddhist race, said: "Hundreds of monks are ready to fight....Our country is a Sinhalese one and we are its unofficial police." He also called for an amendment to the constitution to allow Buddhist men to have seven wives.

Virginia Legislature Protects Mission of College Religious Groups

Last week the Virginia state legislature gave final approval to HB 1617 which provides:

To the extent allowed by state and federal law:

1. A religious or political student organization may determine that ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines, and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct such activities; and

2. No public institution of higher education that has granted recognition of and access to any student organization or group shall discriminate against any such student organization or group that exercises its rights pursuant to subdivision 1.

The bill has been sent to Gov. Bob McDonnell for his signature.  In an editorial yesterday, the Virginia Pilot called for the governor to veto the bill, saying: "The real reason for the bill is to allow certain religious or political groups to reject gay or lesbian students with the commonwealth's blessing."

Kazakhstan Elects New Grand Mufti

Tengri News yesterday reported that a new Grand Mufti of Kazakhstan has been elected unanimously by the participants of the 7th Kurultai of Kazakhstan Muslims.  The new Grand Mufti is 40-year old Yerzhan Mayamerov.  Since 2011 he has served as imam of the Semei region. Two new first deputies to the Grand Mufti were also appointed.

Canadian Prime Minister Announces Opening of Office of Religious Freedom

Northumberland View reports that Canadian Prime Minister Stephen Harper yesterday announced the creation of the Office of Religious Freedom within the Department of Foreign Affairs and International Trade. According to the ORF website: "the Office has been created to promote freedom of religion or belief as a Canadian foreign policy priority." Harper also announced the appointment of Dr. Andrew Bennett as Ambassador to the Office. (See prior related posting.)

4 Christians Arrested In Libya For Proselytizing

Both The Guardian and RT report that In Libya last week, four foreign nationals were arrested in Benghazi and charged with distributing Christian literature. Under a Gaddafi-era law, proselytizing potentially carries a death sentence.  The four--a Swedish-American, Egyptian, South African and South Korean-- were taken into custody at a publishing house where police found 45,000 pamphlets and said another 25,000 had already been distributed. The four  have been handed over to Libya's Preventive Security. Libya this week is celebrating the second anniversary of the overthrow of Muammar Gaddafi.

Egypt Picks New Grand Mufti, Elected By Al-Azhar For First Time

According to Ahram Online, in Egypt, yesterday President Mohamed Morsi officially approved Shawki Ibrahim Abdel-Karim as the country's new Grand Mufti. Morsi's approval comes after the Senior Scholars Authority of Al-Azhar voted to elect Abdel-Karim. This is the first time Al-Azhar has been given this kind of input into the selection of a Grand Mufti, presumably reflecting the enhanced powers given to the Sunni religious institution in Egypt's new Constitution. (See prior posting.) In the past, the Grand Mufti was merely appointed by the President. The new Grand Mufti, whose term begins March 4, is an expert on Islamic Jurisprudence. Among his writings is a book on the political rights of Muslim women.

Britain's Equality Commission Issues New Guidance On Workplace Religious Accommodation

Britain's Equality and Human Right Commission this month issued two publications designed to give guidance on accommodating religion and belief in the workplace, in light of last month's judgments on the issue handed down by the European Court of Human Rights. (See prior posting.)  One pamphlet, Religion or Belief in the Workplace: A Guide for Employers Following Recent European Court of Human Rights Judgments, answers common questions and sets out examples for employers.  A second pamphlet, titled Religion or Belief in the Workplace: An Explanation of Recent European Court of Human Rights Judgments, summarizes last month's decisions and their impact, saying:

The new judgment means that the courts cannot simply dismiss a case because of the possibility of changing jobs to other employment that allows the religious observance. Instead, this possibility should be a relevant factor, to be weighed amongst others, when considering whether or not the restriction is proportionate.

New Ten Commandments Party Formed In Russia

Interfax reports that a new Ten Commandments party has been formed in Russia. 134 delegates-- including Christians, Muslims and Jews-- attended the party's inaugural Congress on Feb. 17.  Archpriest Vsevolod Chaplin, speaking at the Congress, said in part:

I hope that your activity will help to restore moral values, God's Ten Commandments in the everyday political life, in the life of our society. I hope that you will stay faithful to these God's Commandments, that you'll be able to unite a considerable number of people.

Court Denies TRO To Stop Church's Amplified Music

According to the Durham News & Observer, a Durham, North Carolina state trial court yesterday, finding no likelihood of success on the merits, denied a temporary restraining order against amplified music played at a popular local church.  Neighbors of Newhope Church, one of the country's fastest growing congregations, claimed the music amounts to nuisance and trespass, that it harms their property values, as well as their ability to relax and find peace in their own homes. The church argued that the music complies with the city's noise ordinance, and that any attempt to regulate it would violate its 1st Amendment rights.

White House Announces 2013 Easter Egg Roll

Last Friday, the White House announced the 2013 White House Easter Egg Roll. It will take place on Monday, April 1, on the South Lawn of the White House.  Tickets will be distributed through a on-line lottery system that is open for entries from Feb. 21 to 25.

Recent Articles of Interest

From SSRN:

• Neil James Foster, Freedom of Religion and Law Schools: Trinity Western University, (January 23, 2013).
• James M. Oleske, Lukumi at Twenty: A Legacy of Uncertainty for Religious Liberty and Animal Welfare Laws, (Animal Law Review, Vol. 19, No. 2, 2013).
• Patrick Parkinson, Suffer the Teenage Children: Child Sexual Abuse in Church Communities, (Paper for the Center for the Study of Law and Religion, Emory University, January 2013).
• Andrew F. March, Rethinking Religious Reasons in Public Justification, (American Political Science Review, Forthcoming).
• Carissima Mathen, Reflecting Culture: Polygamy and the Charter, (Supreme Court Law Review, 57, 2012).

From SmartCILP and elsewhere:

• Daniel P. Dalton, The Religious Land Use and Institutionalized Persons Act: Recent Developments in RLUIPA's Land Use Jurisprudence, 44 Urban Lawyer 647-665 (2012).
• R. George Wright, Can We Make Sense of "Neutrality" in the Religion Clause Cases?: Seven Rescue Attempts and A Viable Alternative, 65 SMU Law Review 877-909 (2012).
• Symposium: Sharia in America: Principles and Prospects. 57 New York Law School Law Review 231-311 (2012/13).
• Christopher J. Rosko and Leonard J. Nelson, III, The Emergency Research Waiver of Consent Rule: Is It Compatible With Catholic Teaching?, 6 University of St. Thomas Journal of Law & Public Policy 156-205 (2011).
• John Witte, The Study of Law and Religion in the United States: An Interim Report, [Abstract], 14 Ecclesiastical Law Journal 327–354 (2012).

Iranian Authorities Confiscating Buddha Statues

The London Guardian reported yesterday that Iranian authorities are confiscating Buddha statues from shops in Tehran. An official called the statues a symbol of cultural invasion. Apparently some Iranians have been buying the statues for decoration and not for religious reasons.

Recent Prisoner Free Exercise Cases

In Riley v. Decarlo, (3d Cir., Feb. 13, 2013), the 3rd Circuit rejected a Muslim inmate's claims that his free exercise and equal protection rights were infringed by the failure to provide a Halal meat diet to all Muslim inmates and by the Pennsyvania Department of Corrections policy of administering a PPD test for tuberculosis.

As reported by AP, the 8th Circuit in Sims v. Randall, (8th Cir., Feb. 14, 2013) summarily dismissed an appeal of a Nebraska federal district court decision rejecting claims that Nebraska prison officials failed to fully carry out a 2005 agreement to accommodate the religious and cultural needs of Native American inmates.

In March v. Townsend, 2013 U.S. Dist. LEXIS 17615 (ED TN, Feb. 8, 2013), a Tennessee federal district court permitted an Orthodox Jewish inmate to proceed under RLUIPA and the 1st Amendment with his complaint that he was terminated from a kosher diet for his breakfast meal, was served only vegetarian dishes, and that  non-kosher trays and utensils were used in the kosher meal service.

In Creveling v. Johnson, 2013 U.S. Dist. LEXIS 18373 (D NJ, Feb. 11,2013), a New Jersey federal district court dismissed a claim by an inmate in a Special Treatment Unit for sexual offenders that his free exercise rights were violated because the facility did not offer weekly Catholic Mass.

In Jenner v. Sokol, 2013 U.S. Dist. LEXIS 18075 (D CO, Feb. 11, 2013), a Colorado federal district court permitted a Jewish inmate to proceed with his complaint about cancellation and timing of Shabbat services, but dismissed his claims regarding the availability of religious supplies.

In Powers v. Naiman, 2013 U.S. Dist. LEXIS 18026 (MD FL, Feb. 11, 2013), a Florida federal district court rejected the portion of a magistrate's report (2012 U.S. Dist. LEXIS 185875, Nov. 2, 2012) recommending dismissal of a Messianic Jewish inmate's complaint under RLUIPA that he was not allowed to keep his religious garments in his cell.  Instead the court permitted defendants to file a corrected motion to dismiss based on failure to exhaust administrative remedies.

In Guthrie v. Unknown Handline, 2013 U.S. Dist. LEXIS 18462 (WD MI, Feb. 12, 2013), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 185988, Oct. 19, 2013) and dismissed on statute of limitations grounds and inmate's complaint that a corrections officer permitted an inmate to attack him because of his religion.

In Blake v. Cooper, 2013 U.S. Dist. LEXIS 18530 (WD MO, Feb. 12, 2013), a Missouri federal district court dismissed Muslim inmates' claim that they were not allowed to break their Ramadan fast with dates, finding that any violation was de minimis and did not place a substantial burden on their free exercise of religion.

In Foster v. Western District of Louisiana, 2013 U.S. Dist. LEXIS 18906 (WD LA, Feb. 12, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 18914, Jan. 16, 2013) and dismissed a complaint by a Muslim inmate that his right to participate in Friday Jumah services was curtailed and he was not provided religious education.

Suit By Church Seeks TRO Against Dissident Faction

The Toledo Blade reports on a lawsuit filed February 1 by a Toledo, Ohio congregation-- the Southern Baptist Missionary Church--  against 13 church members who attempted in a contested January 28 meeting to remove Lemuel A. Quinn as pastor.  Background on the dispute is furnished in a Commentary by the Blade's religion editor. The suit claims that the defendants have filed false police reports and have physically threatened church members. It claims that one member physically assaulted Quinn during a church service, and that defendants have circulated false rumors that Quinn died in order to reduce attendance. Defendants say that Quinn has been deceitful about his 1973 conviction for manslaughter, and has been threatening to some members. So far, attempts by the judge to mediate the dispute have not been successful. A hearing has been scheduled For. Feb. 25 by Common Pleas Court judge James Bates who says he hopes he will not be required to decide who the church's pastor is.

Depositions From Legion of Christ Lawsuit Released

As previously reported, a Rhode Island Superior Court last month ordered release to the media of documents that had been produced by the scandal-ridden Legion of Christ in a lawsuit against it. According to the Daily Mail, the documents -- the first-ever depositions of high-ranking Legion officials-- were actually released yesterday and reveal:

details on how the founder of the organization, the Reverend Marcial Maciel who died in 2008, lived a double life, fathering three children, and was accused of abusing seminarians. The Legion kept this information hidden.  Also revealed are allegations that the organization solicited money from an elderly widow, eventually persuading her to bequeath it $60 million.

Army Will Bill West Point Student Who Left Criticizing Proselytizing

As previously reported, last December a West Point cadet, Blake Page, who had been disqualified on medical grounds from receiving a Second Lieutenant commission, resigned from West Point 5 months short of graduation in protest of the school's promotion of religion. At the time, it was reported that Page would receive an honorary discharge and would not have to reimburse the government for the cost of his education. Yesterday, however, NBC News reported that Assistant Secretary of the Army Thomas Lamont, while approving an honorable discharge, has rejected the recommendation of West Point superintendent Lt. Gen, David Huntoon that repayment of tuition be waived. Instead Page will be billed for over $200,000, Pages's supporters charge that the decision was in retaliation for the scathing commentary about Christian proselytizing at West Point that Page published  as he was leaving.

House Holds Hearings On Tax Reform and Charitable Contributions

Yesterday, the House Ways and Means Committee held hearings on Tax Reform and Charitable Contributions.  The testimony of all six panels of witnesses is available from the Committee's website, as is the Opening Statement of Committee Chairman Dave Camp. In anticipation of the hearing, the staff of the Joint Committee on Taxation released a 55-page report titled Present Law and Background Relating to the Federal Tax Treatment of Charitable Contributions. [Thanks to Steven H. Sholk for the lead.]