Pennsylvania Good News Club Flyer Case Settled

On Tuesday, Alliance Defense Fund announced the settlement of a lawsuit challenging a Pennsylvania school district's policies that have prevented the Good News Club from sending flyers home with students promoting after-school religious meetings. (See prior posting.) The Notice of Voluntary Dismissal in Child Evangelism Fellowship of Pennsylvania, Inc. v. School District of Haverford Township, Pennsylvania, (ED PA, Jan. 27, 2009), says: "As a result of ... settlement discussions ... Defendants have agreed to treat Plaintiffs on an equal basis with all other community groups." Defendants also will pay Plaintiffs' attorney's fees.

Views of New Russian Patriarch Explored

Media articles are beginning to report on the views of the newly-elected Russian Orthodox Church's Patriarch Kirill who will be formally installed Sunday. (See prior posting.) Voice of America points out that Kirill was formerly head of the Church's foreign relations department. Over the years he has defended the Church's relations with government, saying that the Church is separate from the state apparatus. However traditionally the Russian Foreign Ministry represents the interests of the Church abroad. US News & World Report says:

In Russia, Kirill is seen as a politically savvy figure who may seek a more muscular role for the church, which has served the state for much of its 1,000-year history.... Kirill will face opposition from a strong conservative movement within the church that sees him as too modern and too eager for a rapprochement with Catholics.

Saudis Arrest Blogger Who Is Christian Human Rights Advocate

Compass Direct News yesterday reported on the January 13 arrest in Saudi Arabia of blogger Hamoud Bin Saleh who had written extensively on his blog about Saudi violations of human rights and about his reasons for converting from Islam to Christianity. He has been arrested twice before by Saudi officials.

Stimulus Bill Includes Funds for Faith-Based Initiative

Among the many items in the proposed economic stimulus bill, HR 1, The American Recovery and Reinvestment Act of 2009, is a provision for funding of $100 million for grants to faith-based organization through the Compassion Capital Fund [at pg. 141 of bill]. Half of the amount would become available October 1, 2009. A proposed amendment by Rep. Susan Davis of California would increase the total appropriation to $500 million. According to the Department of Health and Human Services, the purpose of Compassion Capital Fund grants is "to expand and strengthen the role of faith-based and community organizations in their ability to provide social services to low-income communities."

California Court Holds Lutheran High School Not Covered By Unruh Act

In Doe v. California Lutheran High School Association, (Cal. App., Jan. 26, 2009), a California state appellate court held that a private religious high school is not a "business enterprise" and therefore is not subject to the Unruh Civil Rights Act. The case involves a sexual orientation discrimination claim brought by two students who were expelled from California Lutheran High School in Wildomar (CA) because of their homosexual relationship. The relationship violated the school's Christian Conduct rule. In concluding that the school is not covered by the state's anti-discrimination law, the court relied on an earlier California Supreme Court decision holding that the Boy Scouts is not a business enterprise covered by the statute. The court also rejected plaintiffs' right to privacy, false imprisonment and unfair business practices claims. Yesterday's Los Angeles Metropolitan News-Enterprise reported on the decision. (See prior related posting.)

11th Circuit Denies En Banc Review In Pledge Recital Case

On Monday, the U.S. 11th Circuit Court of Appeals, over one dissent, refused to grant en banc review in Frazier v. Alexandre, (11th Cir., Jan. 26, 2009). In the case, a 3-judge panel upheld the constitutionality of a Florida statute requiring schools to excuse a student from reciting the Pledge of Allegiance upon written request of the student's parent, regardless of the student's desires. The panel held that the legislature can act to enforce a parent's right to control the upbringing of his or her children. (See prior posting.) Dissenting from the refusal to reconsider the decision, Judge Barkette argued: "holding that the State of Florida can compel students to recite the Pledge of Allegiance in violation of their personal beliefs directly contravenes precedent that has been firmly entrenched for over 65 years ... [T]he State ... lacks the capacity to delegate to parents the power to compel this speech." Yesterday's Fulton County (GA) Daily Report discusses the court's denial of review.

Orthodox Jewish Group's Public Policy Staffer Has Obama Connections

A JTA article yesterday profiles Nathan Diament, Director of the Institute for Public Affairs of the Union of Orthodox Jewish Congregations of America, and Diament's connections to President Barack Obama. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. During the Presidential campaign, Diament advised all the candidates, including Obama, on outreach to the Jewish community. A supporter of Presisdent Bush's faith-based initiative and frequent visitor to the Bush White House, Diament seems equally welcome by the Obama administration. He was one of a small number to attend Obama's private prayer service at St. John's Episcopal Church the morning of Inauguration Day.

Good News Club Sues Georgia School District For Equal Access

Liberty Counsel announced yesterday that it has filed a lawsuit on behalf of the Good News Clubs against the Cobb County, Georgia School District. The lawsuit charges that the school district has engaged in illegal viewpoint discrimination by imposing higher fees for the organization to use school facilities after school than is charged to secular groups. The lawsuit also claims discrimination in access times. Secular groups are permitted to meet immediately after school, while the Good News Club cannot meet until 5:45 p.m. This significantly reduces student attendance.

Rubashkin Released On Bail

Yesterday's Des Moines (IA) Register reports that federal Chief District Judge Linda Reade has ruled that Agriprocessors Inc. meatpacking executive Sholom Rubashkin may be released on $500,000 bail. She held that reasonable precautions are available to assure that Rubashkin will appear for trial in September. Prosecutors have until Thursday to decide whether to appeal the ruling. In an earlier controversial decision, a federal magistrate judge had denied bail, in part alluding to the risk that Rubashkin would flee to Israel under the Law of Return. That decision led to protests by those who read it as suggesting that all Jews are greater flight risks. (See prior posting). Rubashkin is charged with bank fraud and harboring illegal workers. [Thanks to Jack Levey for the lead.]

Indonesian Clerics Issue Rulings On Elections

In Indonesia last weekend, the Indonesian Council of Ulema issued two controversial fatwas on political participation. The first was aimed at reversing low voter turnout in previous elections, according to an article in the Jakarta Globe. It held that it violates Islamic law for Muslims to abstain from voting in political elections-- so long as there is a qualified Muslim candidate for whom they can cast their ballot. The ruling went on to state that Muslims may not vote for non-Muslim candidates. The second ruling, reported yesterday by AKI, said that only a Muslim can be President of Indonesia. A Presidential election in Indonesia is scheduled for July. All the candidates are Muslims. Indonesia's constitution, however, does not restrict the presidency to members of any particular religious group. Fatwas have no binding legal force in Indonesia, but they are influential for religious Muslims.

Today Is UN's Holocaust Commemoration; Jewish Leaders Had Threatened Walk-Out [Updated]

Today is the date that the United Nations has designated as International Day of Commemoration in memory of the victims of the Holocaust. A number of events are scheduled by the U.N. around the commemoration. (UN press release.) A U.N. ceremony in New York this morning had originally been scheduled to include remarks by U.N. General Assembly President Miguel d'Escoto Brockmann. d'Escoto is a Nicaraguan politician and Catholic priest who has been known in the past for making sharp attacks on the state of Israel. Today's Haaretz reported that several Jewish groups in the U.S. tried unsuccessfully to exclude d'Escoto from speaking at the ceremony today. American Jewish leaders planned to stage a walk out from the ceremony this morning if d'Escoto used the podium to again attack Israel. Haaretz in the updated version of its article reports that d'Escoto ultimately decided not to attend and instead sent remarks decrying all genocides, delivered via the Rwandan envoy.

Court Refuses Preliminary Injunction In Shoshone's Bid To Stop Gold Mine

AP reports that yesterday a Nevada federal district court judge refused to issue a preliminary injunction to prevent Barrick Gold Corp. from beginning to dig a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. Apparently delivering his opinion in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior (D NV, Docket No. 3:08-cv-00616-LRH-RAM) orally from the bench, Judge Larry Hicks said that at least so far plaintiffs had not shown a violation of the Western Shoshone's religious freedom or violation of federal environmental laws. He said in part: "The effect of the proposed mining project is on the plaintiffs' subjective, emotional experience. It is offensive to their sensibilities and in the mind of some will desecrate a sacred mountain. Nevertheless, the diminishment of that spirituality — as serious as it may be — under the Supreme Court's holdings, it is not a substantial burden on religious freedom." (See prior related posting.)

Elections Conflict With Pilgrimage For Iraqi Shi'ites

Reuters reports today on the choice bwetween voting and religious observance facing many Shi'ite Muslims in southern Iraq. Elections for local provincial councils will be held on January 31. This is in the midst of the traditional pilgrimage to the holy city of Kerbala that marks Arbain, or 40 days of mourning for the Prophet Mohammad's grandson Imam Hussein. The pilgrimage culminates in mid-February. Pilgrims who come from Basra and beyond walk for 250 miles. Some have decided to return home to vote without completing a full pilgrimage. Grand Ayatollah Ali al-Sistani says that Iraqis should wait and vote before starting out on the pilgrimage.

Election Under Way For New Russian Orthodox Patriarch

Voice of America reported yesterday on the selection process that is underway for a new Patriarch for the Russian Orthodox Church after the death in December of Patriarch Alexei II. (See prior posting.) On Sunday, Church leaders selected three candidates. Now a second round of voting to select one of these finalists takes place in which clergy and various laypersons will participate. It is expected that this round will be completed by Thursday. The leading candidate is Interim Patriarch (and Metropolitan of Smolensk and Kaliningrad) Kirill, a modernizer who has been a key figure in bringing together the Russian Orthodox Church with Orthodox churches outside the borders of Russia. (See prior related posting.) One-third of the ballots in the second round have been allocated to bishops and laypersons in Ukraine.

UPDATE: AFP reported on Tuesday that, as expected, in the second round of voting, Metropolitan Kirill has been elected the new Orthodox Patriarch. He received 508 of the nearly 700 votes cast in a secret ballot. One of the two other finalists dropped out just before balloting began.

Proposed Nigerian Law Would Criminalize Clergy Performing Same-Sex Marriages

A press release yesterday from Amnesty International on behalf of several human rights groups expresses strong opposition to proposed legislation in Nigeria that would impose criminal penalties-- up to 3 years in prison-- on same-sex couples who marry. Existing Nigerian law already imposes up to 14 years in prison for consensual same-sex sexual activity. The proposed Same Gender Marriage (Prohibition) Bill 2008 would also impose a fine of US$14 and up to five years in prison on any person who "witnesses, abet and aids the solemnization of a same gender marriage." This would threaten with criminal sanctions a member of the clergy who conducts a same-sex marriage ceremony in Nigeria. Amnesty says this violates the International Covenant on Civil and Political Rights which Nigeria has signed. The bill would additionally impose a fine of up to US$340 on anyone who witnesses or aids and abets a same-sex marriage. This provision is apparently aimed at LGBT organizations and events.

Suit Challenging Yuba Community College's Speech Rules Settled

Alliance Defense Fund yesterday announced a the filing of a consent order (full text) in Dozier v. Members of the Board of Governors, Yuba College District, (ED CA, Jan. 26, 2009). In the case, a college student challenged campus rules and permit requirements that limited his ability to preach and hand out gospel tracts in outdoor areas of the campus of California's Yuba Community College. (See prior posting.) Under the settlement, the college has implemented revised procedures and has agreed not to enforce prior rules that limited free speech activities on campus to specific days and hours, designated the campus as a nonpublic forum, and required a permit and registration of materials prior to distribution. The school also eliminated its former harassment policy.

Taliban Enforce Rigid Islamic Law In Pakistan's Swat Valley

A column in yesterday's Middle East Times criticizes recent moves by Taliban to enforce rigid Wahhabi Islamic rule in Pakistan's Swat Valley. Apparently the power of the Pakistani government now extends only to a small area of Swat, while the Taliban has created its own administration, judicial system and charitable fund in most of the area. The Taliban prevent girls from attending school, warn barbers against shaving beards and burn schools and video shops. The Swat Valley's once vital tourist industry is declining, with many hotels and restaurants now closed. Over 200 people have been killed by the Taliban, and some two-thirds of Swat's population has migrated to other areas of the country. Sunday's New York Times also carried a long article exploring the Taliban's control of Swat, maintained in large part through use of radio to intimidate the populace.

Irish Government Negotiating With Catholic Church Over Sex Abuse Reporting

Ireland's Independent reports today that the government is in talks with the country's Catholic bishops to create a legal framework that will permit the country's Health Service Executive to learn the full extent of child sexual abuse by priests. A government commission is already investigating the extent of abuse in the diocese of Dublin, and earlier this month a full inquiry was ordered into the situation in the diocese of Cloyne (in Cork). The government wants bishops to report even unsubstantiated rumors and "soft information" about clergy child sexual abuse. Negotiations between the government and the Church turn on how to protect the Church from defamation actions by wrongly accused priests if this is done.

New Chair of US Helsinki Commission Appointed; OSCE Envoy Criticizes Kyrgyz Religion Law

U.S. Senator Benjamin L. Cardin (D-MD) has been appointed Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) for the next two years. Cardin has been a member of the Commission since 1993. A press release from Sen. Cardin's office expresses appreciation to Majority Leader Harry Reid for selecting him. It is expected that outgoing Chairman of the Helsinki Commission, Congressman Alcee L. Hastings (D-FL), will be appointed Commission Co-Chairman for 2009-11 by House Speaker Nancy Pelosi. The Helsinki Commission is charged with monitoring compliance by OSCE members with the Helsinki Final Act that commits its 56 signatories to respect human rights, democracy and the rule of law. A portion of that document protects freedom of conscience and religion in the signatory states.

Meanwhile, last Thursday Kyle Scott, charge d'affairs at the U.S. mission to the OSCE, issued statements from the new Obama administration on human rights issues in five countries of the former Soviet Union. According to America.gov, one of the statements criticized the new Kyrgyzstan Religion Law, saying: "the law as promulgated could result in diminished religious freedom and tolerance in the Kyrgyz Republic...." (See prior related posting.)

Recent Articles of Interest and New Book

From SSRN:

• Thom Brooks, The Problem with Polygamy , (January 22, 2009).


• Christopher Serkin & Nelson Tebbe, Condemning Religion: The Political Economy of RLUIPA, (Brooklyn Law School, Legal Studies Paper No. 127, Jan. 16, 2009).


• Daniel R. Suhr, Lessons for Law School Deans Regarding Catholics in Political Life, (December 31, 2008).

New Book:

• Douglas A. Hicks, With God on All Sides: Leadership in a Devout and Diverse America, (Oxford Univ. Press, Jan. 2009).