Wisconsin Will Liberalize Restrictions on Prison Visitors

Wisconsin has responded quickly to a suit filed by a Muslim woman who was forced to remove her headscarf (hijab) in order to visit an inmate in a Wisconsin prison. (See prior posting). The Baraboo News Republic reports today that one day after the suit was filed, the Department of Corrections has decided to change its policy. The Wisconsin Secretary of Corrections said it was never their intent to discriminate against someone because of religious beliefs when this security measure designed to prevent the hiding of contraband was put into place. Originally the woman visitor had offered to permit a female guard to search her headscarf, but this alternative was refused.

Constitutionality of "Charitable Choice"-- Part 3

Today Findlaw carries the third in a series of articles by Vikram Amar and Alan Brownstein on the constitutionality of the "Charitable Choice" bill (H.R. 27) that was recently passed by the House of Representatives. (see prior postings on Part 1 and 2 ). They argue that discrimination on the basis of religion in staffing government funded programs is fundamentally different than discrimination by secular organizations that hire only individuals who share their ideological beliefs.

Quebec Rejects Islamic Family Law Tribunals

The National Assembly of Quebec voted unanimously today to reject any establishment of Islamic tribunals in Quebec. (Official Transcript of today's session). According to a report in Macleans, this vote was intended to pre-empt a growing movement in Canada to have Sharia applied by religious tribunals in Muslim family law matters. A debate over the use of such tribunals has been going on in Ontario.

Court Upholds Government Funds To YMCA

In Conley v. Jackson Twp. Trustees, 2005 U.S. Dist. LEXIS 9860 (N.D. Ohio, 4/14/2005), which became available today, a U.S. District Court rejected an Establishment Clause challenge to government funding of a local YMCA. Jackson Township, Ohio gave the YMCA annual grants, office space and it allocated $1 million toward the Y's new building. The court held that the YMCA is not a pervasively sectarian institution and that there is no evidence that the government aid funds specifically religious activities of the organization.

Florida Schools Assign Genesis

Courts have permitted schools to teach the Bible as literature. The South Florida Sun-Sentinel reports today that two high schools in Boca Raton, Florida have assigned the book of Genesis (or parts of it) to all 11th-graders as summer reading. The assignment is supposed to prepare students for allusions in much of the American literature that they will study next year. Students in Advanced Placement and Honors classes have other reading assignments over the summer as well. For students in regular English courses, their only assignment is from Genesis. Some parents question whether the assignment violates principles of separation of church and state. School officials say that they will offer alternative assignments where parents object to the reading. They also say that students who do not own a Bible can read the assignment on the Web.

Religious Affirmative Action in Indian University

A debate is raging in India on religious affirmative action in universities. Aligarh Muslim University has reserved 50% of its seats for Muslims in 43 of its 289 courses. The controversial move is supported by the Indian government. Yesterday the University's vice chancellor defended the legality of the program under Article 30 of the Indian Constitution that protects minority educational institutions, according to a report in the Deccan Herald. Today, the Students Islamic Organization of India gave a more detailed legal defense of the policy according to a report in the New India Press.

Wisconsin Prison Sued Over Treatment of Muslim Visitor

In Wisconsin, a Muslim woman, Cynthia Rhouni, is suing prison authorities. Male prison guards at a Wisconsin maximum security facility required her to remove her headscarf (hijab) before she was permitted to visit her estranged husband who was being held in the prison facility. New York Newsday reported yesterday on the suit which charges a violation of Rhouni's constitutional right to free exercise of religion. She is being represented by the Wisconsin Civil Liberties Union. The full complaint describes at length the circumstances of Rhouni's prison visit and the impact of the events upon her.

Indiana Appeal of Order Prohibiting Raising of Child as Wiccan

In Indianapolis, Indiana, an unusual joint custody decree is being appealed. In granting a divorce to a couple, both of whom are Wiccans, a judge prohibited either parent from exposing their child to "non-mainstream religious beliefs and rituals". The Indy Star reports today that even though both parents objected to the order, the court entered it after reading the report of the Domestic Relations Counseling Bureau. Represented by the Indiana Civil Liberties Union, the father, who has organized Pagan Pride Day in Indianapolis, is asking the state court of appeals to strike the provision in the divorce decree. He claims that it infringes on the parents' right to control the religious education of their child. Unlike more typical divorce cases in which parents disagree about the religious training of their child, here the order was issued without either parent requesting it.

In Scotland-- Religious Discrimination Suit Against Catholic School

The Scottish press today is reporting on a discrimination case against a Catholic high school under way in an Employment Tribunal in Glasgow. Suing under a 2003 law that bans religious discrimination, a math teacher is protesting the school's refusal to consider him for a position as principal teacher of pastoral care because he is an atheist. Apparently Catholics who send their own children to non-religious schools and Catholics who are divorced and remarried are also denied approval for these kinds of positions in the school.

Viet Nam Continues to Persecute Protestants

Despite a suggestion at the beginning of this month that Viet Nam was liberalizing its treatment of Protestant groups (see prior posting), Radio Free Asia today carried a long report from three provinces on harassment and beatings of Protestants as well as attempts to force them to renounce their beliefs. Viet Nam remains listed by the United States as a "country of particular concern" on issues of religious freedom (see prior posting).

UPDATE 5/26/05: Vietnamese Foreign Ministry defends religious rights situation in Viet Nam after critical 2005 Amnesty International Report.

Italians Reinstate Defamation Claim Against Author by Muslim Activist

The conservative news and opinion blog Pardon My English today has a posting on reports of Italian authorities ordering author and journalist Oriana Fallaci to stand trial for defamation of Islam. The suit grows out of her 2004 book "La Forza della Ragione" (The Force of Reason). Prosecutors had originally dropped the charges on free speech grounds, but a local preliminary judge has reinstated the suit that was brought by Adel Smith, a high-profile Muslim activist. (See earlier posting about Smith).

Controversial Jurist Rejected As Amicus in Evolution Case

The Columbus ,GA Ledger Enquirer reported yesterday on the rejection of an amicus brief in an 11th Circuit Court of Appeals case raising the constitutionality of evolution-disclaimer stickers on school textbooks. Former Alabama Chief Justice Roy Moore, who gained notoriety in his attempt to place a large Ten Commandments monument in the Alabama Supreme Court building, filed a brief along with the Foundation for Moral Law (full text of brief). In an opinion dated May 20 in Selman v. Cobb County School Dist., Acting 11th Circuit Judge William Pryor rejected the brief. He said that its arguments were irrelevant because they asked the Court of Appeals to overrule Supreme Court precedent. Several amicus briefs from others were accepted.

Judge Pryor has himself been the subject of controversy. He is currently sitting on the Court by reason of a recess appointment made by President Bush last year when Pryor’s confirmation was filibustered by Democrats. Pryor's nomination has been resubmitted to the Senate, and is likely to be confirmed now that a compromise on judicial appointments has been reached by Senators.

In response to the rejection, Moore said it demonstrated "clear contempt for the text of the Constitution".

Recent Law Review Articles on Church-State

Among recently published Law Review Articles indexed by SmartCILP are:

South Dakota Prof. Patrick M. Garry's, The Myth of Separation: America's Historical Experience With Church and State. 33 Hofstra L. Rev. 475-500 (2004).

Adam M. Smith, The Perplexities of Promoting Religious Freedom Through International Law. (Reviewing Robert Drinan, Can God and Caesar Coexist? Balancing Religious Freedom and International Law.) 30 N.C. J. Int'l L. & Com. Reg. 733-757 (2005).

Court Refuses to Dismiss Catholic School Teacher's Claim

In a decision that became available today, Lazor v. Catholic Elementary School Sys. of Diocese of Bridgeport, 2005 Conn. Super. LEXIS 1145 (April 29, 2005), the court rejected a Catholic school's claim that the First Amendment precludes the court from proceeding with a teacher's breach of contract and wrongful termination claim. When the Pope requested that Catholics fast and pray for peace, teachers were asked to have their students write President Bush to support a peaceful resolution of the conflict in Iraq. Teacher Bonnie Lazor refused to assign this unless students had parental consent. She was fired.

Defendants invoke the "ministerial exception": where the reason for a discharge implicates religious teachings of the employer, the First Amendment precludes courts from interfering. The court held that while it cannot become entangled in theological disputes, here the dispute would not involve the court in determining the validity of religious principles. Instead the question is what was the real basis for Lazor's dismissal and whether proper procedures were followed in dismissing her.

Council Vote Against Christian Services Brings Recall Effort

The Detroit Metro Times reports this morning on an effort in Troy, Michigan to recall the mayor and mayor pro-tem because of their votes earlier this year to prevent the use of city property for a Christian-only religious service. While Troy city council eventually approved a Christian National Day of Prayer Service that was held on May 5, the newly-formed Troy Committee to Protect Free Speech is now trying to show their displeasure with those who voted against it. Mayor Louise Schilling explained her vote, saying, “It is not the role of elected officials to promote any one group or religion above another.”

US House Calls on Romania to Compensate Religious Groups

Yesterday, the U.S. House of Representatives passed H. Res. 191 "urging the government of Romania to recognize its responsibilities to provide equitable, prompt, and fair restitution to all religious communities for property confiscated by the former Communist government in Romania." The lengthy resolution sets out the history of confiscation of property from religious communities and calls upon the government of Romania to undertake a number of specific legal steps to implement its responsibilities.

AZ Takes First Step Against FLDS

The Fundamentalist Church of Jesus Christ of Latter Day Saints has posed a host of problems for state officials in Arizona, Utah and west Texas. As discussed in a prior posting, the group practices polygamy and is suspected of sexual exploitation, domestic violence, and welfare and tax fraud. An editorial in today's Arizona Republic points out that the Arizona legislature has recently dealt with one aspect of the FLDS problem. It enacted House Bill 2417 which permits the state to place the Colorado City school district into receivership for insolvency or for gross financial mismanagement. The school district, largely controlled by Church officials, owes $1.5 million to the Arizona School Risk Retention Trust. As pointed out in the earlier posting, authorities claim that school payrolls have been padded with jobs for Church members. Also the district purchased an airplane even though it was unable to meet obligations for teachers' salaries.

The editorial calls for additional action against FLDS, calling it "a cult [that] uses the trappings of religion to exercise complete control over its followers."

New Article on SSRN on Faith Based Initiative

George Washington University Law Professors Ira C. Lupu and Robert W. Tuttle have posted a new article on SSRN titled The Faith-Based Initiative and the Constitution. The paper, which will appear in Vol. 55, No. 1 of the DePaul Law Review discusses many of the constitutional issues raised by President Bush's Faith Based and Community Initiative.

New University Press Books of Interest

In June, Princeton University Press is publishing a new book by Winnifred Fallers Sullivan, Dean of Students at the University of Chicago Divinity School. The book is titled The Impossibility of Religious Freedom. In it she claims that the idea of religious freedom has become a force for intolerance in American society. She builds on her experience as an expert witness in a case involving the placement of religious markers in a city-owned burial ground in Boca Raton, Florida.

Harvard University Press has published a new book edited by Mary Jo Bane, Brent Coffin and Richard Higgins, titled Taking Faith Seriously. It uses nine case studies to show the impact of religion on civic life.

Harvard University Press has also published Michael Ruse's new book, The Evolution-Creation Struggle. He traces the long struggle between opposing ideologies and finds similarities in the evangelical attitudes of evolutionists and fundamentalists who oppose them.

Amish Custody Suit Raises Parental Religious Rights Issue

An unusual fight in the Iowa courts over custody of a 14-moth old girl is the subject of an article in today's Waterloo Cedar Falls Courier. The child was born out of wedlock to an Amish woman. The child's father is a non-Amish businessman. The mother is seeking sole custody so that the child can be raised in the Amish life style. She claims that it would be frightening and confusing for the child to be exposed to both Amish and English cultures. Arguing against the child's father sharing in custody, the mother says, "His church is different --- they sing different songs." The court faces the question of whether the "best interest of the child" calls for limiting the the rights of the father to be involved in his child's religious instruction.