Malaysian Official Wants More Restrictions On Proselytization

Malaysia's Constitution, Part II, Sec. 11(4) provides: "State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam." Bernama reported yesterday that cabinet minister Mohamed Nazri Aziz has demanded that four Malaysian states that have not yet done so amend their constitutions to forbid the proselytization of Muslims.

Cert Petition Filed In NYC School Holiday Symbols Case

A petition for certiorari has been filed with the U.S. Supreme Court in Skoros v. Tine, a Second Circuit case in which the Court of Appeals, by a 2-1 vote, upheld a New York City Department of Education policy that allows the menorah to be displayed as a symbol of the Jewish holiday of Chanukkah and the star and crescent to be displayed as a symbol of the Islamic holiday of Ramadan, but permits only secular symbols, and not a creche or nativity scene, to be displayed as a symbol of Christmas. (See prior posting.) The Thomas More Law Center, which yesterday announced its filing of the petition on behalf of a parent and two school children, is apparently asking the Supreme Court to make major changes in its Establishment Clause jurisprudence. The petition asks the Court to abandon the "endorsement test that it increasingly uses in Establishment Clause cases, arguing that the test "is unworkable and incapable of consistent application." It is making this argument, even though the dissent in the 2nd Circuit used the endorsement test as the basis for arguing that the school policy was an unconstitutional endorsement of Judaism and Islam.

NJ School Appeals Football Coach Prayer Decision

To the surprise of many observers, the East Brunswick (NJ) Public Schools yesterday filed a notice of appeal with the U.S. Third Circuit in a case involving football coach Marcus Borden. The Asbury Park (NJ) Press reports that the school system asked the appellate court to overturn a lower court's ruling that Borden can participate in student-initiated non-sectarian prayers offered by football team players. (See prior posting.) Press releases by the school system following the district court decision had suggested that the board was satisfied with the ruling delivered from the bench by U.S. District Judge Dennis Cavanaugh.

Malaysia Uses Religious Rehabilitation Camps

In an article about Muslims who convert to Christianity in Malaysia, today's New York Times discloses that Malaysian religious authorities sentence converts to "religious rehabilitation camps". The article reviews the high profile case of convert Lina Joy pending in the Federal Court, Malaysia's highest court. The case seeks a ruling that civil courts can order a change of religion on Joy's identity card without approval of her conversion from a Shariah court. (See prior posting.) Shariah courts would likely consider Joy an apostate, and if she did not repent it would likely sentence her to several years in an Islamic rehabilitation center. Joy's case is seen as a critical test of whether Malaysia will remain a secular country.

Meanwhile the New Straits Times says that the Federal Court has indicated that it will not be rushed into rendering its decision in Lina Joy's appeal.

9th Circuit Reaffirms Constitutionality Of RLUIPA Land Use Provisions

In a brief opinion yesterday, the U.S. Ninth Circuit Court of Appeals in Elsinore Christian Center v. City of Lake Elsinore, (9th Cir., Aug. 22, 2006), again upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act. It citied a decision it handed down earlier this month upholding RLUIPA. (See prior posting.) According to a release by the Becket Fund for Religious Liberty, the lower court decision that was reversed yesterday was the only decision in the country that had found RLUIPA's land use provisions unconstitutional. The decision allows the Elsinore Christian Center to base its church in a downtown building it owns.

Report On Evangelicals and US Foreign Policy

The Council on Foreign Relations yesterday issued a background paper titled Christian Evangelicals and U.S. Foreign Policy. The report says that the influence of evangelicals on international human rights issues has been growing and they have been increasingly active in support of the state of Israel. Evangelicals have also shown an increasing interest in "creation care," i.e. environmental issues.

New Zealand Moves To Give Guidelines On Religion In Schools

In New Zealand the country's Education Ministry is preparing to issue guidelines on prayer and other religious practices in schools. The New Zealand Herald today reports on testimony before a Parliamentary committee by Martin Connelly, the Ministry's senior manager. The country's Education Act requires teaching in all primary and intermediate schools to be only secular, except that schools can, with advance announcement, be "officially closed" up to one hour per week for religious instruction. The Education Ministry is proposing new guidelines that will require an opt-in, instead of merely permitting an opt-out, for students for religious instruction. Prayers at school assemblies are not permitted because all students are required to attend assemblies. Secondary schools are not bound by these limitations.

The issue of religion in schools has been complicated in New Zealand because of the existence of Maori language schools. Maori customs and traditions-- Tikanga-- have elements of spirituality. However they are central parts of instruction in Maori schools, even when they use Maori prayer (karakia). Meanwhile, Pat Newman, head of the New Zealand Principal's Association, says the proposed new guidelines are impractical and unworkable. He says many aspects of New Zealand culture have Christian aspects to them. Even the national anthem could be viewed as a prayer. (Report by stuff.co.nz.)

The National Party has called for the Education Ministry to scrap the guidelines. Education officials say folowing the guidelines is voluntary for schools, but failure to do so could lead to parent complaints to the Human Rights Commission. (stuff.co.nz).

Court Approves NJ Synagogue Expansion Plans

In Morristown, New Jersey, a Superior Court judge approved the conditions imposed by the city's Board of Adjustment on the expansion of a Jewish temple. Superior Court Judge B. Theodore Bozonelis had previously overturned the Town Council's denial of the synagogue's expansion plans, but told the Board of Adjustment to develop the expansion guidelines that he approved on Tuesday. According to yesterday's Morris News Bee, the judge's earlier opinion had precluded certain restrictions as violative of the Temple B'Nai Or's religious freedom.

Liberty Law School Profiled

Last Saturday, the Roanoke (VA) Times carried an interesting article on Liberty University's School of Law, and more generally on "faith-based law schools". Liberty University's founder Jerry Falwell says the law school is training "lieutenants for the Lord". Most of the school's 160 students share conservative Christian views on school prayer, abortion, homosexuality and the death penalty. The law school's new interim dean is Mat Staver, executive director of the Liberty Counsel. He says: "[W]e are a Christian school, but we teach law and the foundation of the law. We're not opening up the book on Exodus to find our position on capital punishment."

Defending Liberty University's approach, Nikolas Mikas, president of the Bioethics Defense Fund says, "Without a true Christian rooting of a legal education, all you have is law as power instead of law as justice." Criticizing the law school, Jeremy Leaming on Wall of Separation blog says "Jerry Falwell’s law school aspires to produce lawyers committed to wrecking the First Amendment principle of church-state separation. " Liberty Law School received provisional accreditation from the American Bar Association in February.

Parish Suit Against Episcopal Diocese Dismissed

On Monday, a Connecticut federal district court dismissed a suit against the Episcopal Diocese of Connecticut brought by six parishes whose priests were removed and whose property was taken over by the Diocese in a dispute over the ordination of gay priests. In Parish of St. Paul's Episcopal Church v. Episcopal Diocese of Connecticut Donations & Bequests for Church Purposes, Inc., (D. Conn., Aug. 21, 2006) the court rejected a series of constitutional challenges to the actions of the Diocese. Plaintiffs had come up with a number of innovative theories as to why the Diocese was engaged in "state action", but all of these theories were rejected by the court. The court went on to hold that the issue of whether the Bishop acted contrary to the Diocese's own rules is a question of canon law. Plaintiffs requested a declaratory judgment that Connecticut's statue incorporating the Protestant Episcopal Church is unconstitutional. The court held that the Bishop did not need to rely on these statutes to assert heirarchical authority over the parishes, so that any declaration of unconstitutionality would not remedy the plaintiffs' alleged injuries. Therefore the claim is not justiciable.

The decision is covered by today's Hartford Courant. Also see prior related posting.

USCIRF Praises DOJ Changes Protecting Asylum Seekers

On Monday, the U.S. Commission on International Religious Freedom (USCIRF) issued a release praising action taken by the Justice Department earlier this month to protect legitimate asylum seekers from abroad (including those facing religious persecution at home) from unfair deportation under the expedited removal system. The changes were based on recommendations made by USCIRF in a 2005 study titled Report on Asylum Seekers in Expedited Removal. USCIRF Chair Felice D. Gaer urged the Department of Homeland Security to also make recommended changes "to bring an end to jail-like detention for legitimate asylum seekers by DHS."

New Report Decries "Patriot Pastors"

People for the American Way foundation, the NAACP, and the African American Ministers Leadership Council have recently issued a report titled The Patriot Pastors’ Electoral War Against the 'Hordes of Hell'. The report's Summary begins: "A new generation of Religious Right leaders is turning conservative churches into political machines for far-right Republican candidates .... Christians may hold the most powerful political offices in the country, but to these pastors, Christians are on the verge of being thrown into jail for professing their faith. Political opponents aren't just wrong, they are the 'hordes of hell' and the 'forces of darkness'." The report focuses particularly on activities in Ohio, Texas, Pennsylvania, Florida and Missouri. [Thanks to Blog from the Capital for the lead.]

Muslim Parties Oppose Pakistani Women's Rights Bill

In Pakistan, according to AKA/DAWN, the government Monday proposed to amend the "Hudood Ordinance" of 1979 that deals with property rights, rape and adultery. The law is widely seen as discriminatory against women, particularly in its procedures for proving rape charges. (See prior posting.) The proposed legislation also seeks to amend Pakistan Penal Code, the Criminal Procedure Code and the Dissolution of Marriages Act of 1939 to provide "relief and protection to women against misuse and abuse of law and to prevent their exploitation". However, the Protection of Women's Rights bill is strongly opposed by the Muttahida Majlis-i-Amal (MMA), an alliance of six Islamic parties. They say that the bill is "un-Islamic". Many of its members tore up copies of the draft bill when Pakistan's law and justice minister introduced it. A senior member of the MMA alliance told BBC News that proposal is part of an attempt to secularize Pakistan. However, the prime minister said that the ordinance is an attempt to conform to Muslim law promoting women's rights. Other amendments to the Hudood Ordinance lessening the harsh penalties for adultery were enacted last month.

Delaware School District Rejects Settlement; Insurer Doesn't Want To Pay

In Wilmington, Delaware, according to today's News Journal, a federal judge has unsealed records in a pending lawsuit by Graphic Arts Mutual insurance company against the Indian River School Board. The insurance company wants an order excusing it from paying the school district's legal bills in a suit claiming the school improperly promotes Christianity. (See prior posting.) The insurance company says the District refused to go along with a proposed settlement of the case. The settlement would have imposed a new policies and guidelines applicable to classrooms and to graduation and baccalaureate ceremonies. The school board says the settlement language would even have required the elimination of references to "Christmas Break" on school calendars. Another unrelated provision that was a deal breaker would have required the school board to admit two children from the family of one of the plaintiffs to the district's arts school ahead of others on the waiting list for admission. A counterclaim filed by the school district charges that the settlement was negotiated by the insurance company without consulting school board attorneys and disregarded the school board's interests in favor of those of the insurance company.

UPDATE: A posting on Jews On First dated Aug. 24 gives additional details on the dispute between Indian River School District and its insurer, including links to all the unsealed pleadings in the litigation.

UPDATE: A report from the News Journal on Aug. 24 says that the Indian River School District has now drawn up an alternative settlement proposal.

Evangelical Pastor Arrested For Trespassing At Mormon Pageant

In Clarkston, Utah, an evangelical Christian minister who describes himself as a "missionary to Mormons" was arrested for trespassing last Friday when he and eight others handed out religious tracts at the Clarkston Cemetery amphitheater. Today's Salt Lake Daily Herald reports that the incident occurred at the Clarkston Pageant that depicts the life of Martin Harris, an early follower of Joseph Smith, founder of the Mormon church. Organizers of the pageant said that Daniel "Chip" Thompson, director of Solid Rock Christian Fellowship, who was handing out pamphlets comparing Mormonism with other forms of Christianity, was rude and was shouting offensive remarks-- charges denied by Thompson. Thompson says his rights were violated because the cemetery is public property. However, Clarkston's city clerk says the cemetery is "reserved" each summer by local church leaders for the pageant which is a ticketed event. Cache County Sheriff Chad Jensen says that the property reverts to "quasi-private" status during the event. Earlier this month, another evangelical pastor was arrested at the pageant for disorderly conduct after a dispute about his taping the pageant for use in Christian videos he produces.

Michigan Excludes Some Religious Employers From Health Plan Requirement

The Michigan Civil Rights Commission yesterday ruled Michigan employers that provide prescription drug plans to their employees cannot exclude coverage for federally approved prescription contraceptive drugs and devices. The Associated Press reports, however, that the ruling excludes religious employers from the requirement. Exempt groups are nonprofit organizations that primarily employ and serve people who share the same religious tenets as the employer. However the exclusion does not cover employee plans offered by religiously affiliated hospitals and social service agency that serve the general public. The ruling made under the state's Elliott-Larsen Civil Rights Act covers small businesses that are excluded from a similar U.S. Equal Employment Opportunity Commission ruling.

Arguments Underway In Challenge To Australian Religious Hatred Law

The Age reports on interesting arguments that are under way this week in the Court of Appeals of the Australian state of Victoria. Victoria's Racial and Religious Tolerance Act prohibits inciting hatred against a person or class of persons. In an appeal by the Christian group, Catch the Fire Ministries, and two pastors , the Islamic Council of Victoria argued that villifying Islam necessarily vilifies Muslims who hold those beliefs. The appellants argued that one could hate ideas without hating individuals who hold them. If the law is not interpreted that way, they argued, it becomes a blasphemy law. The pastors charged with violating the law claimed more generally that it violates free expression guaranteed by Australia's constitution and that it violates international treaties signed by Australia. The case grows out of comments made by Pastor Daniel Scott at a seminar on Islam sponsored by Pastor Danny Nalliah's Catch the Fire Ministries, and comments in an online newsletter. (Background from CNSNews.com.).

More Prisoner Free Exercise Cases

In Smith v. Kurmis, 2006 U.S. Dist. LEXIS 57667 (ND IN, Aug. 3, 2006), an Indiana federal district court dismissed the complaint of a pre-trial detainee who argued that placing him in administrative segregation violated his free exercise of religion by preventing him from attending religious services.

In Pinkston-El v. Snyder, 2006 U.S. Dist. LEXIS 58001 (SD IL, Aug. 17, 2006), an Illinois federal district court accepted the recommendation of a Magistrate Judge and rejected a prisoner's statutory and constitutional free exercise challenges to the Illinois Department of Corrections grooming policy. That policy prohibits "hairstyles that create a risk that contraband hidden in the hair cannot be detected or that impede searches for contraband or that pose a risk that contraband hidden in the hair may injure the employee(s) charged with searching the offender." Plaintiff Pinkston-El, a member of the Moorish Science Temple, had taken a Nazarite vow that precluded him from cutting his hair.

In Shidler v. Moore, 2006 U.S. Dist. LEXIS 58097 (ND IN, Aug. 9, 2006), an Indiana federal district court permitted a Sunni Muslim prisoner to move forward with his 1st and 14th Amendment and RLUIPA claims involving denial of prayer oil, denial of communal worship and denial of participation in Ramadan activities, as well as his complaint that classifying him as a Christian and preventing him from using his religious name on his mail prevented him from practicing his religion.

Recent Articles On Religion and Law

From SSRN:
Allan J. Samansky, Tax Consequences When Churches Participate in Political Campaigns (August 2006).

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Recently published in Law Reviews (in part from SmartCILP):

Steven Goldberg, Cutter and the Preferred Position of the Free Exercise Clause, 14 William & Mary Bill of Rights Journal 1403-1419 (2006).

David M. Smolin, Overcoming Religious Objections to the Convention on the Rights of the Child, 20 Emory International Law Review 81-110 (2006).

T. Jeremy Gunn, The Religious Right and the Opposition to U.S. Ratification of the Convention on the Rights of the Child, 20 Emory International Law Review 111-128 (2006).

Patrick McKinley Brennan, The "Right" of Religious Liberty of the Child: Its Meaning, Measure, and Justification, 20 Emory International Law Review 129-155 (2006).

Steven H. Resnicoff, Supplying Human Body Parts: A Jewish Law Perspective, 55 DePaul Law Review 851-874 (2006).

William E. Stempsey, Religion, Philosophy, and the Commodification of Human Body Parts, 55 DePaul Law Review 875-888 (2006).

Li-ann Thio, Control, Co-Optation and Co-Operation: Managing Religious Harmony in Singapore's Multi-Ethnic, Quasi-Secular State, 33 Hastings Constitutional Law Quarterly 197 (2006).

Francis J. Beckwith, The Court of Disbelief: The Constitution's Article VI Religious Test Prohibition and the Judiciary's Religious Motive Analysis, 33 Hastings Constitutional Law Quarterly 337 (2006).

Nigerian Group Presses For Law Protecting Religious Freedom

The Christian Lawyers Fellowship of Nigeria (CLASFON) plans to sponsor a bill in the National Assembly to insure religious tolerance in the country. This Day reports on a press conference held this past week end by the President of CLASFON, Jonathan Kish Adamu, who says that his group, along with the Afri Foundation hopes to counteract the continuing religious conflict in both the northern and southern parts of Nigeria. With support from Open Society Initiative for West Africa, plans are underway to hold a series of conference across Nigeria to broaden support for such a law.