House Resolution Marks Today's Anniversary of 9-11

The House of Representatives on Wednesday marked today's anniversary of the 9/11 terrorist attacks by passing H. Res. 722 by a vote of 416-yes; 0-no; 18-not voting. The Resolution mourns and remembers those killed on that day. It also: "asserts, in the strongest possible terms, that the fight against terrorism is not a war on any nation, any people, or any faith," and "calls on all Americans to renew their devotion to the universal ideals that make the Nation great: freedom, pluralism, equality, and the rule of law."

CNN reports on other major events that will take place today to mark the anniversary-- memorial services in New York, Washington and Pennsylvania and a moment of silence at 8:46 a.m. (the time the first hijacked plane hit the World Trade Center) led by President Obama, Michelle Obama and White House staff on the South Lawn of the White House

Appeal To Utah Supreme Court Filed By FLDS In Trust Reformation Case

Yesterday's Salt Lake Tribune reports that five members of the FLDS Church, including two of its bishops, have asked the Utah Supreme Court to review a trial court ruling that refused to permit them to intervene in proceedings brought by Utah's Attorney General to reform the United Effort Plan trust. The trust holds lands of church members in Hildale, Utah; Colorado City, Ariz., and Bountiful, British Columbia. In In the Matter of the United Effort Plan Trust, trial court Judge Denise Lindberg held that potential beneficiaries of charitable trusts do not have a legally cognizable interest that permits them to assert claims. (See prior posting.) The petition for review, filed last month, argues that church members have an interest in the matter distinct from the public at large represented by the attorneys general of Utah and Arizona.

Ramdadan Brings Arrests For Eating In Egypt; Ridicule of Bachelors In Nigeria

For the first time this year, Egypt's Ministry of Interior has begun arresting those caught eating or drinking in public during Ramadan. Al Arabiya reported Wednesday that in the governorate of Aswan, 150 Egyptians were charged with the misdemeanor of publicly breaking the fast. Many others were arrested in the Red Sea resort town of Hurghada where the governor ordered all restaurants closed during the day. Human rights groups criticized the arrests. One lawyer also said that the ban on eating "in public" might not cover those eating in a restaurant or cafe, since they are a closed place not seen by everyone.

Meanwhile Al Arabiya yesterday reported on a rather unusual Ramadan activity in Nigeria that apparently has received official sanction. The country's mainly-Muslim city of Kano each Ramadan holds a carnival title "kamun gwauro" (meaning "bachelor catch" in the local Hausa language). The hereditary Nalako (bachelors' hunter), wearing amulets, an animal skin, woven shirt and cap wanders around the city with a noose looking for unmarried men. Bachelors who are found are paraded around with singing and drumming and are forced to dance and sing a "bachelor song" to embarrass them into taking a wife.

Admissions Criteria of British Jewish School Bend After Court Decision

Yesterday's London Jewish Chronicle reports that for the first time London's Jewish Free School has admitted a student who was not considered Jewish under Orthodox religious law as interpreted by the Office of Britain's Chief Rabbi. The student's mother was converted to Judaism by a rabbi from one of the non-Orthodox movements in Judaism. Earlier this year, Britain's Court of Appeal ruled that the school's traditional admission criteria amounted to unlawful racial discrimination, and said that publicly supported Jewish schools could favor Jewish students only if they base their selections on a student's faith, and not his or her ethnicity. (See prior posting.) The case is being appealed. (See prior posting.) Apparently the decision to admit this student was made after the student's parents appealed to an independent panel of the Brent Council, which is the school’s local authority. Unless the Court of Appeal decision is overturned, beginning next year Jewish schools will have to rewrite their admissions policies. Britain's United Synagogue says that parents who will need certificates of synagogue attendance for their children to show their Jewish faith should register at their local synagogue by next week. [Thanks to Rabbi Michael Simon for the lead.]

Chabad Group Sues Connecticut Town Over Zoning Refusal

Yesterday's Litchfield County (CT) Times reports that a RLUIPA lawsuit was filed in federal district court in Connecticut on Wednesday by Chabad Lubavitch of Litchfield County and its rabbi, Joseph Eisenbach, challenging the refusal by the town of Litchfield to allow Chabad to restore and add onto a Victorian house on the edge of the town's Historic District. Chabad wants to use the building as a synagogue, community center and classrooms. The proposed 21,000 square foot renovation would also contain living quarters for the rabbi, his family and guests, a mikveh, kitchens, offices and a swimming pool. (See prior posting.) The Historic District Commission says the size of the building would have overwhelmed the town's central historic district. But the lawsuit says that the zoning denial was motivated in large part by anti-Hasidic animus as reflected in a number of public statements by officials. The Hartford Courant says: "The lawsuit raises the specter of one of the most scenic villages in this wealthy state being accused of using its strict architectural standards to help it violate a group's right to practice its religion."

Britain Appoints First Jewish Civilian Chaplain For Military Forces

Britain's Ministry of Defence announced Tuesday that Rabbi Arnold Saunders has been appointed the first Jewish Civilian Chaplain to the British military. He will be responsible for serving Jewish personnel in all three branches of the military services. The Ministry says that some 130 Jewish personnel currently serve in the British armed forces, while other reports put the number at around 200. The British military in recent years has appointed only Christian chaplains as part of the regular Chaplains' corps, though the Jewish community has appointed an honorary chaplain and Jewish chaplains serve in the Territorial Army (the reserves). In 2005, the military appointed civilian chaplains to serve Buddhist, Muslim, Hindu and Sikh members of the armed forces. (Background). YNet News has more on Rabbi Saunders appointment. [Thanks to Joel Katz (Relig & State in Israel) for the lead.]

Plea Deal Entered In Charges of Importation of Monkey Parts

Yesterday's Staten Island (NY) Advance reports that a plea deal in federal court in New York brings to a conclusion the 3-year old case against Liberian native Mamie Manneh who had been charged with importing parts of endangered African primates without the permit required by the Convention on International Trade in Endangered Species and failing to disclose to border officials the true nature of the product she was importing. In a decision last year, the court rejected Manneh's free exercise defense to the charges, concluding that her religious claims were not sincere. (See prior posting.) On Tuesday, Manneh pled guilty to smuggling illegal monkey parts ("bushmeat") into the U.S. Manneh has been on parole since last October in an unrelated case in which she was convicted of running over her husband's girlfriend in a parking lot.

Suit Challenges Mississippi's Use of Religious Themes In Abstinence Teen Summits

The ACLU of Mississippi yesterday announced that it has filed a federal lawsuit seeking to end religious messages that are part of state-sponsored and state-funded "abstinence-only-until-marriage" programs. The complaint (full text) in Robinson v. Thompson, (SD MI, filed 9/9/2009), alleges that an annual teen summit held by the state to promote National Teen Pregnancy Prevention Month has featured Christian prayer, religious themes and overtly Christian comments as part of speakers' presentations. For example, this year's Summit featured a lengthy presentation about the Ten Commandments from Adams County (MS) Court Judge John N. Hudson. The lawsuit seeks a declaratory judgment that these practices violate the Establishment Clause, an injunction and a return to the federal government of any federal funds used to pay for the annual teen summits.

Finland Convicts City Council Member for Anti-Islam Blog Posting

A trial court in Helsinki, Finland has convicted Jussi Halla-aho, a member of Helsinki's City Council, of violating the sanctity of religion through an anti-Islamic posting on his blog last June. Today's Helsingin Sanomat reports that the court fined Halla-aho 330 Euros. The posting at issue claimed that Islam sanctifies pedophilia and that the Prophet Muhammad was a pedophile because he had an underage wife. The court however acquitted Halla-aho of another charge of incitement against an ethnic group, finding that an anti-Somali posting was an attempt at satire. Halla-aho-- who commented on his sentence and repeated his statements on an Internet bulletin board-- plans to appeal.

Muslim Prayer Rally Planned For D.C.; Some Christians Object

A New Jersey mosque is organizing a national prayer rally in Washington, DC on Sept. 25. Hassen Abdellah, president of Dar-ul-Islam mosque, expects 50,000, mostly Muslims, from around the country to attend the event on Capitol Hill whose focus will be a Friday prayer service at 1:00 p.m. Organizers though have a permit for access to the West Front of the Capital for the full day. Reporting last week on the planned event, the Newark Star-Ledger says that the event is not political. Abdellah says: "This is not a protest. Never has the Islamic community prayed on Capitol Hill for the soul of America. We're Americans. We need to change the face of Islam so people don't feel every Muslim believes America is 'the great Satan,' because we love America."

Apparently some Christians are objecting to the planned Muslim rally. Charisma Magazine yesterday reported on an e-mail circulating virally on the Internet from Mosy Madugba, head of Spiritual Life Outreach in Port Harcourt, Nigeria, calling for Christians to use prayer to oppose Islam's growing influence in the U.S. He ask Christians to fast from midnight on Sept. 25 until the Muslim prayer event ends at 7:00 p.m. His letter says in part: "It is warfare time. Do not joke with this. If Christians fail to frustrate this game plan in the spirit, you will regret the outcome."

Poll On Views of Religious Similarities and Religious Discrimination Released

The Pew Forum yesterday released a poll of Americans' views of religious similarities and differences. 65% of those surveyed say that Islam is either very different or somewhat different from their own religion. 58% of those surveyed view Muslims as being subject to much discrimination. 45% say Islam is no more likely than other religions to encourage violence, and 45% say they personally know someone who is Muslim. The full survey also asks about perceptions of various other religious traditions. 19% of all those surveyed, and 24% of white Protestant evangelicals, say that they think of themselves as part of a religious minority. A Time Magazine article discusses the poll results.

City Council Substitutes Pledge of Allegiance For Prayer

The Freedom from Religion Foundation continues to write to city councils around the country objecting to their opening their sessions with sectarian prayers, and the cities continue to respond in various ways. In Tehachapi, California on Tuesday, City Council opened its meeting with recitation of the Pledge of Allegiance instead of the usual prayer. KERO News reports that the change was implemented after a letter from FFRF charged that "prayers currently given during the Council meeting impermissibly advance Christianity." Council member Ed Grimes said, "First and foremost, we need to protect the city from litigation..." Conservative candidate for state assembly, Ken Mettler, however charged FFRF with relying on intimidation: "they like to bully some of the smaller cities, but they've picked on the wrong small city.... [W]e like our heritage, and they're messing with the wrong folks here."

Maryland Town Will Buy Land In Religious Bias Settlement

Today's Frederick (MD) News-Post reports that the town of Walkersville, Maryland has agreed in general on a settlement in a lawsuit against it brought by the owners of land that the Ahmadiyya Movement of Islam had hoped to buy to construct a mosque. In the lawsuit the seller alleged that his sale of the land was blocked by government officials and private citizens in concerted actions motivated by anti-Muslim hostility. A March 2009 federal court decision allowed plaintiff to proceed with most of his claims. (See prior posting.) Under the settlement-- which has not yet been reduced to writing or signed-- the city will purchase the land from owner David Moxley for $4.7 million. At the Walkersville town council meeting tonight, an ordinance will be introduced to appropriate the funds, and a public hearing on the settlement is scheduled for Sept. 23.

USCIRF Faces Some Opposition In Congress

The Washington Post yesterday reports that the U.S. Commission on International Religious Freedom could disappear in 2011 when its current authorization sunsets. Earlier this year the Commission survived attempts to cut its funding as some in Congress think other approaches to international religious freedom would be more productive. Some sources say there is friction among Commission members. USCIRF however also has its defenders and its new chairman, Leonard Leo has been making the agency's case to influential members of Congress.

Lawsuit Seeks To Halt Baptist Group's National Election

In Washington, D.C. yesterday, Rev. Henry J. Lyons of Tampa, Florida filed a lawsuit attempting to enjoin Thursday's scheduled election for president of the National Baptist Convention USA-- the oldest and largest predominantly Black religious denomination in the U.S. The election is being held in connection with the Convention's Annual Session in Memphis. AP reported yesterday on the move by Lyons who was forced out as president of the denomination in 1999 after he was charged with stealing for personal use some $4 million of the church group's funds. He was convicted and served nearly 5 years in prison. An earlier AP story has more background on Lyon's run for office. Lyons' lawsuit claims that the denomination's new bylaws governing who can vote in the election violate its constitution.

UPDATE: AP reports that at a hearing on Wednesday, D.C. Superior Court Judge Jeanette J. Clark denied Lyons motions for a temporary restraining order and a preliminary injunction. This allows the election to proceed as scheduled on Thursday. The judge concluded there is no conflict between the Convention's bylaws and constitution, and that Lyons waited until the "last minute" to raise issues regarding election procedures.

UPDATE2: Press of Atlantic City reports that Delegates at the annual meeting of the National Baptist Convention USA on Thursday elected Rev. Julius R. Scruggs as president, defeating Rev. Henry Lyons, by a vote of 4,108 to 924.

California Legislature Orders More Police Training On Dealing With Sikh Kirpan

Last week, the California legislature passed and sent to the Governor for his signature AB 504 mandating additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. Yesterday's Oakland Tribune says that Sikhs have been arrested for wearing the kirpan-- a ceremonial dagger-- by officers who approach them in a disrespectful way and assume they have been involved in a crime. The bill requires the Commission on Peace Officer Standards and Training to develop training material on recognizing and interacting with Sikhs possessing articles of faith. The updated training material is to include "the alternatives to arrest and detention that have been successfully used by law enforcement officers when contacting a Sikh carrying a kirpan with a benign intent and in accordance with an integral part of his or her recognized religious practice." Around 100,000 Sikhs live in the San Francisco Bay area.

Arizona Supreme Court Rejects Free Exercise Defense To Marijuana Charges

In State of Arizona v. Hardesty, (AZ Sup. Ct. Sept. 8, 2009), the Arizona Supreme Court rejected an atempt by a member of the Church of Cognizance to raise a defense under Arizona's Free Exercise of Religion Act to prosecution for possession of marijuana. Marijuana is a sacrament of the church, and defendant claimed an unlimited religious right to use it anywhere in any quantity. The court held that the state's total ban on marijuana is the least restrictive means to carry out its compelling interest in protecting health, its interest in protecting against the threat to safety that arises from marijuana trafficking and its interest in preventing driving while under the influence of drugs. AP yesterday reported on the decision.

9th Circuit: It Was OK To Ban Ave Maria From High School Graduation Ceremony

In a 2-1 decision yesterday in Nurre v. Whitehead, (9th Cir., Sept. 8, 2009), the U.S. 9th Circuit Court of Appeals held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. Responding Judge Smith's dissent, the majority in an opinion written by Judge Tallman said:

... [W]e do not seek to remove all religious musical work from a school ensemble's repertoire. Nor do we intend to substantially limit when such music may be played. We agree ... that religious pieces form the backbone of the musical arts. To ignore such a fact would be to dismiss centuries of music history. Instead, we confine our analysis to the narrow conclusion that when there is a captive audience at a graduation ceremony, which spans a finite amount of time, and during which the demand for equal time is so great that comparable non-religious musical works might not be presented, it is reasonable for a school official to prohibit the performance of an obviously religious piece.

Bay City News yesterday reported on the decision.

Magistrate Says Remove "Five Percenters" From Prison "Security Threat Group" List

The Nation of Gods and Earths / Five Percenters (NGE) -- an offshoot group of the Nation of Islam -- is classified by many prison systems as a Security Threat Group (STG). (Background.) Last month in Hardaway v. Haggerty, (ED MI, Aug. 17, 2009), a Michigan federal magistrate judge recommended that the STG designation be removed from the group. Magistrate Judge R. Steven Whalen said that the crucial issue in the case is whether NGE is a "religion" or merely a "secular gang." Finding on the basis of competing expert testimony that NGE fits the definition of a religion, he went on to apply the struct scrutiny test of RLUIPA to the burden placed on NGE adherents by the designation and by the concomitant prison ban on all the group's publications. Finding that the STG designation was based on the group's racialist ideology which is religious in nature, he concluded that "outlawing the entire religion and imposing a total ban on the group’s publications does not further an otherwise compelling state interest in prison security." AP today reported on the decision.

Defiant Sudanese Journalist Sentenced For Wearing Pants

In Khartoum, Sudan yesterday the high profile trial of a defiant woman journalist who is challenging the country' sharia-based laws relating to dress requirements resumed. (See prior posting.) The Los Angeles Times reports that journalist Lubna Ahmed al-Hussein was convicted of public indecency for wearing pants at an outdoor cafe. At her trial Hussein wore the same pants. After the conviction, the judge, instead of sentencing defendant to the expected 40 lashes, merely imposed a fine of $200. Hussein however refused to pay and was then sentenced to a month in jail. When she was charged, Hussein worked for the United Nations. Wanting to make a public issue of Sudan's laws, she resigned so that her case would not be dismissed on immunity grounds. She also sent e-mail invitations to journalists and diplomats asking that they attend her sentencing. Not surprisingly, Hussein's lawyer says that the conviction will be appealed to Sudan's Supreme Court.