Some Claims Dismissed In Sikh's Employment Discrimination Case Against IRS

In Tagore v. United States, 2009 U.S. Dist. LEXIS 74235 (SD TX, Aug. 21, 2009), a Texas federal district court dismissed a portion of the claims brought by a former Internal Revenue Service employee who was fired after she insisted on wearing her kirpan-- a ceremonial dagger worn by Sikhs-- in a Houston federal office building. The court held that plaintiff's Title VII employment discrimination claims preempt her claims under the Religious Freedom Restoration Act based on the same facts. It also held that the only proper defendant in her Title VII case is the Secretary of the Treasury. This leaves the Title VII claim plus a claim under RFRA against the Department of Homeland Security and its employees to move forward to trial. (See prior related posting.)

Utah Judge Orders Sale of Supposed Temple Site By FLDS Trust

In a state trial court in Utah yesterday, Judge Denise Lindberg issued an order for the sale of Berry Knoll Farm by the United Effort Plan Trust which holds property that belonged to the FLDS Church. FLDS Church members, many in polygamous relationships, as well as some who are no longer members, live on the land. The Merced (CA) Sun-Star reports that the controversial order was issued because the trust-- now under court supervision-- has nearly $3 million in debt with no income stream to provide for payment. The order gave court-appointed special fiduciary Bruce Wisan authority to seek bids and complete the sale. Traditional FLDS members oppose the sale because they believe Berry Knoll is a sacred site on which a future temple is to be built. (Background.) Last month, the same court rejected a settlement proposed by Utah's Attorney General in the complicated attempt to reform the UEP Trust. (See prior posting.)

School Girls In Gaza Must Wear Traditional Arab Dress

Both Haaretz and YNet News report today that authorities in the Gaza Strip are insisting that girls in government-run schools wear traditional Arab clothing to class. Girls not wearing the ghalabia (in dark blue) and a white head covering will be sent home. This continues a trend toward imposing Islamic norms in Gaza (see prior posting), though one official said that the move was aimed at easing parents' financial situation. Authorities also will only allow women to teach at girls' schools and men to teach at boys' schools. Some 250,000 students attend government schools, while 200,000 attend United Nations run schools. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Wisconsin Bishops Object To State's Mandate of Contraceptive Coverage In Health Policies

The Wisconsin Catholic Conference has issued a statement (full text) objecting to provisions in the state's new Budget Bill requiring health insurance providers to include contraceptive services as part of any plan coverage. The statement by the bishops says in part: "This mandate will compel Catholic dioceses, parishes, and other agencies that buy health insurance to pay for a medical service that Catholic teaching holds to be gravely immoral." CNA reported yesterday that only dioceses or Catholic agencies that are self-insured will not be covered by the mandate. The La Crosse and Superior dioceses are among those that self-insure. [Thanks to Pew Sitter for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Ayelet Shachar & Ran Hirschl, The New Wall of Separation: Permitting Diversity, Restricting Competition, (Cardozo Law Review, Vol. 30, pp. 2535-2560, 2009).
• Andrew F. March, Islamic Legal Theory, Secularism and Religious Pluralism: Is Modern Religious Freedom Sufficient for the Shari'a 'Purpose [Maqsid]' of 'Preserving Religion [Hifz Al-Din]?', (August 14, 2009).
• Mohammad Fadel, Islamic Politics and Secular Politics: Can They Co-Exist?, (Journal of Law and Religion, Vol. 25, No. 1, 2009).
• Martha Albertson Fineman, Religious Resistance to Family Law Reform in the US, (Emory Law Public Law Journal, Forthcoming).
• Andrew F. March, Taking People as They are: Islam as a 'Realistic Utopia' in the Political Theory of Sayyid Qutb, (APSA 2009 Toronto Meeting Paper).

From SmartCILP:

• Matthew R. Clark & Charles P. Misseijer, Through the Founders' Prism: Faith and Perspective at the Intersection of Law and Policy, 1 Regent Journal of Law & Public Policy 1-10 (2009).
• Jay A. Sekulow & Benjamin P. Sisney. Constitutionally Protected Parental Rights in Child-Custody Arrangements and the Impact of Religion on Children, 1 Regent Journal of Law & Public Policy 169-214 (2009).

Recent Books:

• Meera Nanda, The God Market: How Globalisation Is Making India Hindu, (Random House India, Aug. 2009), reviewed in LiveMint.
• John Micklethwait and Adrian Wooldridge, God Is Back: How the Global Revival of Faith Is Changing the World, (Penguin, April 2009), reviewed in Foreign Affairs.

10th Circuit Refuses To Stay Order On 10 Commandments Monument

On Friday, by a 2-1 vote, the U.S. 10th Circuit Court of Appeals denied a request by Haskell County, Oklahoma commissioners to allow them to keep their Ten Commandments monument in place on the court house lawn while the county seeks review in the U.S. Supreme Court of an order calling for the monument's removal. AP reports on the denial of a motion to recall and stay of the court's mandate. A panel of the 10th Circuit found that the monument violated the Establishment Clause. (See prior posting.) An evenly-divided 10th Circuit denied en banc review. (See prior posting.)

Meanwhile News OK reported on Friday that in Oklahoma City, the State Capitol Preservation Commission is debating where on the state Capitol gounds to locate a 10 Commandments monument authorized by legislation passed earlier this year. (See prior posting.)

Report Says Shiites On Trial In Jordan

The Associated Press reports today that in Jordan six Shiite Muslims are being tried before a closed military tribunal for instigating religious sectarianism in the majority Sunni country. The first of its kind trial apparently reflects Jordan's concern about the growing influence of Iran and Hezbollah movement in the country.

Court Hears Arguments In Challenge To State Humane Slaughter Act

In Everett, Washington last Friday, a state court judge heard arguments in a challenge by an animal rescue group to Washington state's Humane Slaughter Act. The group argues that the exemption for ritual slaughtering of animals (RCW 16.50.150) violates the Establishment Clause in the federal and Washington state constitutions, the federal equal protection clause and the state's privileges and immunities clause. Pasado’s Safe Haven, plaintiff in the case, has posted extensive background on the lawsuit. According to yesterday's Everett Herald, plaintiff's attorney argued that since slaughter without stunning an animal is legal only in ritual slaughter, the law unconstitutionally prescribes different punishments depending on one's religious belief. KING5 News says that plaintiff additionally argues that the law would allow someone to invent a religion as a defense to animal cruelty. The state, however, says that the law applies only to licensed slaughter houses and is an attempt to protect free exercise of religion. A decision in the case is expected later this year.

Philippine Presidential Race Draws Religious Leaders As Candidates

In the Philippines, two religious leaders have announced that they will run in next year's presidential elections, and a third is considering doing so. According to yesterday's Philippine Star, former Catholic priest Ed Panlilio, Governor of the province of Pampanga, was the first to announce. Then on Friday, Eddie Villanueva, leader of the Pentecostal Jesus is the Lord Church, accepted the nomination of the Bangon Pilipinas party. Now a signature campaign has been started by Brother Mike Velarde who is the lay leader of the Catholic Charismatic El Shaddai Movement. Supporters are seeking 10 million signatures. Incumbent President Gloria Macapagal-Arroyo is barred from running for another term in the election scheduled for next May. (Background.)

Satmar Police Recruit Files Religious Discrimination Complaint

Friday's Lower Hudson (NY) Journal News reports on a religious discrimination complaint filed with the EEOC against the town of Ramapo, New York and its police department by Baile Glauber who joined the Ramapo police force after being raised in the Satmar Hasidic Jewish community. She says that in her job interview, she was repeatedly questioned about her upbringing and how her religious observance would affect her ability to perform her police duties. She says officers then shunned her believing that her insular religious upbringing made it impossible for her to become part of the police family. Ramapo says it has followed the law, accommodating Glauber's need for time off for the Sabbath and Jewish holidays. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Recent Prisoner Free Exercise Cases

In Seneca v. Arizona, (9th Cir., Aug. 19, 2009), the U.S. 9th Circuit Court of Appeals reversed part of a district court's decision to dismiss an inmate's free exercise and RLUIPA claims. The appellate court held that plaintiff's challenge to the requirement for a verification letter to change religions was not moot. It also held that the trial court must reconsider whether prison policy limiting inmates to seven religious items had a compelling justification and was the least restrictive means of furthering the Arizona Department of Corrections' interests.

In King v. Sims, 2009 U.S. Dist. LEXIS 71669 (SD MS, Aug. 14, 2009), a Mississippi federal magistrate judge rejected a challenge by a Rastafarian prisoner to the state's grooming policy that prevented him from wearing his hair in dreadlocks.

In Carson v. Riley, 2009 U.S. Dist. LEXIS 73328 (WD MI, Aug. 19, 2009), a Michigan federal district court upheld a prison's denial of a strictly vegetarian Buddhist diet to an inmate after he displayed only minimal knowledge about Buddhism and its dietary requirements in an interview by the prison chaplain. Subsequently plaintiff was transferred to another facility where a vegetarian diet was more available.

In Nieves v. Patrick, 2009 U.S. Dist. LEXIS 73492 (ED CA, Aug. 19, 2009), a California federal magistrate judge recommended dismissal of a generalized allegation by an inmate that religion was not allowed into her prison unit.

In Mincy v. Deparlos, 2009 U.S. Dist. LEXIS 73604 (MD PA, Aug. 19, 2009), a Pennsylvania federal district court allowed plaintiff to move ahead with his free exercise and RLUIPA claims that various actions by prison officials denied him the ability to observe Ramadan.

Michigan Amends Faith Based Office's Charter To Reflect Federal Changes

On Thursday, Michigan Governor Jennifer Granholm announced that she had issued Executive Order 2009-41 to make changes in the document governing the state's office that reaches out to faith-based organizations. The changes to Executive Order 2005-6 are intended to mirror changes made at the federal level by the Obama administration. Michigan's office is now called the Governor's Office of Faith-Based and Neighborhood Partnerships. The executive order also adds the following to the functions previously outlined for the office:

3. Ensure that services paid for with state and federal funds are provided in a manner consistent with fundamental constitutional commitments guaranteeing the equal protection of the laws and the free exercise of religion and prohibiting laws respecting an establishment of religion.

4. Promote effective training for persons providing federally funded social services in faith-based and neighborhood organizations.

5. Promote the better use of program evaluation and research, in order to ensure that organizations deliver services as specified in grant agreements, contracts, memoranda or understanding, and other arrangements.

College In India Illegally Bans Hijab Under Hindu Student Pressure

In India, conflict between a Hindu student group and Muslim students has surfaced at SVS College in the Indian state of Karnataka. UAE's The National reported yesterday that officials at the private, state-assisted, college imposed an illegal ban on Muslim students wearing the hijab (headscarf) under pressure from the student branch of the right-wing Hindu Bharatiya Janata Party, the Akhil Bharatiya Vidyarthi Parishad (ABVP). Ever since the ABVP won college elections that gave it control of the student union, it has created unrest as it has pressed for a ban on the hijab and burqa. Because of the ban, 18-year old Aysha Asmin has stopped attending classes. Mangalore University, with which SVS is affiliated, has assured Asmin that it will help her find a different college where she can continue her studies. Meanwhile a district official has urged penalizing SVS for imposing the "unconstitutional" hijab ban.

Bolivia-Vatican Sign Treaty On Social Services

Zenit reports that on Thursday the Vatican and Bolivia signed a Treaty of Inter-Institutional Cooperation. In the treaty, Bolivia recognizes the importance of the Catholic Church's social services in the country. The Church, in turn, agrees to give more attention to the most depressed areas of Bolivia, support government social policies in the framework of Catholic social thought, and to report periodically on its progress in these areas.

Foster Care Extended For 17-Year Old Muslim Convert To Christianity

Reports from the Orlando Sentinel and St. Petersburg Times provide details on an order issued Friday by a state court judge in Orlando, Florida in the case of 17-year old Rifqa Bary who fled her home near Columbus, Ohio after converting from Islam to Christianity. The court ordered that Rifqa remain in temporary foster care with the Christian family with whom she has been placed while the Florida Department of Law Enforcement investigates her allegations that her father threatened to kill her because of her conversion. (See prior posting.) After fleeing her home earlier this month, Rifqa stayed in Florida with evangelical pastor Blake Lorenz before being placed in foster care. Judge Daniel P. Dawson yesterday also scheduled an arraignment for a dependency proceeding for Sept. 3 and ordered the family into mediation after the arraignment.

Rifqa's parents, who originally came to the U.S. from Sri Lanka to seek medical care for Rifqa after she lost sight in one eye, say Rifqa is free to practice any religion she wishes. They have agreed that if she is returned to Ohio she can be placed in a foster home there for at least 30 days. Meanwhile activists and politicians are getting involved, calling on Gov. Charlie Crist to take action to keep the girl in Florida. Rifqa's lawyer, John Stemberger (who is a conservative Christian activist) told the court that the real threat is not Rifqa's father, but radical Muslim activists in the Columbus area.

Santa Rosa School Clerk Cleared On Civil Contempt Charge Over Banquet Prayer

Ruling on a civil contempt motion brought by the ACLU, a Florida federal judge on Friday concluded that a school clerk did not violate a preliminary injunction barring the Santa Rosa County (FL) school district and its employees from including prayers in any school event. (ACLU background on the contempt motion.) Two articles from the Pensacola News-Journal report on the court's decision which found that school clerk Michelle Winkler did not willfully violate the preliminary injunction. U.S. District Judge Casey Rodgers held that Winkler was not a party to the lawsuit and did not know that this event was covered by the preliminary injunction. When Winkler's superior told her that she could not offer a prayer at a school Employee of the Year Banquet, she had her husband deliver the invocation instead of doing so herself. Also, technically the banquet was not school-sponsored, but instead was sponsored by a nonprofit organization called the Santa Rosa Education Foundation. (See prior related posting.) Still pending are more serious criminal contempt charges against the principal and the school's athletic director growing out of prayer at a Pace High School luncheon. (See prior posting.)

Malaysian Woman Sentenced To Caning; Syariah Judge Says Sentence Is Illegal

In Malaysia, 32-year old Kartika Sari Dewi Shukarno, a Muslim woman, has become the first woman sentenced under the country's Islamic law to caning for drinking alcohol. Reuters reported Friday that Kartika-- who in 2007 was caught drinking beer at a hotel bar in Kuantan-- has defiantly asked that her punishment be carried out in public. She will be fully clothed when the six strokes will be applied with moderate force. She has also paid a fine of $1420. Meanwhile today's New Straits Times carries an analysis by Terengganu Chief Syariah Judge Datuk Ismail Yahya who says that the caning is illegal because under Malaysian law, only a person in jail can be caned and Kartika was not given a jail sentence.

UPDATE: On Monday, government authorities released Kartika Shukarno, saying: "The warrant cannot be executed." Reuters reports that Kartika refused to leave a van taking her to jail when it returned her to her home.

UPDATE2: Monday's New York Times quotes Mohamed Sahfri Abdul Aziz, the head of religious affairs in Malaysia's Pahang state, who said: "The sentence remains. She has been released but only temporarily."

UPDATE3: France24 reported on Aug. 24 that the original delay in Katrika's punishment was in honor of Ramadan. Now, however, the chief appeals judge for the Islamic courts in the state of Pahangan has ordered further delay while the sentence is reviewed on appeal.

President Sends Greetings To Muslims As Ramadan Begins

Today President Obama sent the greeting of Ramadan Kareem to Muslims who are beginning the month-long observance of Ramadan. The White House website carries written greetings plus a 5-minute video address by the President reaching out to Muslims in the U.S. and around the world.

Canadian Court Affirms Abortion Opponent's Tax Protest Conviction

In Canada, the Court of Appeal of New Brunswick has rejected a Catholic anti-abortion activist's claim that his he should be excused from filing Canadian income tax returns or paying income taxes because a portion of tax revenues are used to fund abortions. At trial, David Little was convicted of failing to file income tax returns for three years, and was fined the minimum $3000. In Little v. Her Majesty the Queen, (NB Ct. App., Aug. 20, 2009), rejecting Little's application for leave to appeal, the Courrt of Appeal said:

The filing of annual income tax returns, like the payment of taxes, cannot reasonably be regarded as an expression of support for a particular government expenditure or policy so as to offend a claimant's Charter right to freedom of religion and conscience. Nor can it be characterized as coercion of the kind embraced by the concept of freedom of religion and conscience. A pacifist who resists compulsory military service may object on grounds that military service is contrary to his or her religious beliefs or objectionable as a matter of principle and conscience. Most certainly, forced participation in these circumstances triggers the application of s. 2(a) of the Charter. But the same pacifist cannot invoke that Charter provision as a valid basis for the refusal to file annual income tax returns and to pay taxes duly assessed. The same reasoning applies to those who object to public funding of abortions through the taxation system. The coercion of which Mr. Little complains is simply too remote to invoke his s. 2(a) Charter rights. Any perceived interference with his religious beliefs cannot be regarded as "substantial" within the meaning of the jurisprudence.

The Fredericton (NB) Daily Gleaner reports on the decision.

Ramadan Begins With UAE Seeking To Keep Prices In Check; Others Viewing Economy's Impact

Ramadan begins this weekend-- tonight in North America, last night in other parts of the world. In the United Arab Emirates, the Ministry of Economy is working to to prevent market instability, manipulation of food prices and monopoly practices in markets for foodstuffs and other essentials. Zawya reported yesterday that importers, wholesalers and retailers often increase prices during Ramadan when demand goes up. It says that Muslim government around the world face a challenge in preventing Ramadan price hikes. Meanwhile today's Wall Street Journal reports that in Dubai, the world-wide financial slump has caused businesses to scale back on the elaborate iftars (meals to break the daily fast) that they have traditionally hosted for clients and potential business partners. According to today's Newark (NJ) Star-Ledger, in the U.S. economic problems may also reduce amounts charities receive from Muslims this Ramadan. However the charity Islamic Relief has seen growing contributions since 2001, particularly as several other Muslim charities have been closed down by federal officials in investigations of links to terrorist groups.