Texas State Fair Is Not State Actor In Barring Religious Literature Distribution

In Rundus v. City of Dallas, (ND TX, Sept. 16, 2009), a Texas federal district court rejected a claim brought by a Christian evangelist seeking damages for the refusal by the State Fair of Texas to allow him to pass out religious literature on sidewalks inside the fairgrounds. State Fair rules required plaintiff to pay a fee to rent a booth if he wished to hand out literature inside the fairgrounds. His lawsuit claimed the Fair's literature distribution policy violated his 1st Amendment right to express his religious beliefs. The State Fair of Texas is a private non-profit corporation that holds the fair each year at the city-owned Fairgrounds. The court held that the State Fair did not become a state actor by reason of its relationship with the city of Dallas. According to the court, there was "no evidence that the City was involved, much less 'pervasively entwined,' with any aspect of the Literature Distribution Restriction." Therefore plaintiff had failed to show the "state action" necessary for a recovery. And while the city was a state actor, its conduct did not give rise to any liability. (See prior related posting.) The Dallas Observer News Blog reported on the case yesterday.

Israeli Court Says Chinese Pressured University On Falun Gong Exhibit

In Israel, the Tel Aviv District Court ruled yesterday that Tel Aviv University improperly closed down an exhibit of artwork by Falun Gong members last year because of economic and political pressure from the Chinese Embassy. According to Haaretz, the court concluded that the Dean of Students gave into pressure in order to protect campus funding by the Chinese Embassy of scholarships for students who study in China, a campus Confucius Center where students can study Chinese, and conferences on Buddhism and Chinese philosophy. The two-week exhibit opened on March 3, 2008, but was shut down after only four days. The court ordered the university to host the exhibit for another full week during the upcoming semester, and to pay the two plaintiffs-- student organizers of the exhibit-- NIS 45,000 ($12,000 US) in litigation costs.

Court Rejects Tony Alamo's Free Exercise Defense In Suit By Former Followers

A federal district court yesterday rejected a free exercise defense raised by evangelist Tony Alamo in a lawsuit against him by two of his former followers who alleged Alamo withheld food from them for prolonged times, ordered their severe and sometimes public beatings, and verbally abused them during the beatings. In Ondrisek v. Hoffman, (WD AR, Sept. 30, 2009), the court said:

Alamo states that the beatings alleged in the Complaint were merely spankings, which are required by the Bible. Thus, he argues that his alleged conduct in ordering these beatings is protected by the First Amendment’s free exercise clause.... The principle of religious liberty does not give one the liberty to physically attack others.... While an individual’s beliefs that he can beat and falsely imprison Plaintiffs and intentionally inflict emotional distress upon them is protected by the First Amendment, acting on these beliefs is reasonably prohibited by Arkansas law.

The Pine Bluff (AR) Commercial reported on the decision yesterday.

Christian Group Sues Challenging Maine's Interpretation of Its Charitable Licensing Law

In June, the Charitable Solicitations section of Maine's Office of Licensing & Registration imposed a civil penalty of $3000 on the Christian Action Network, finding that it had violated 9 MRS Sec. 5013 by using Governor John Baldacci's name in a letter soliciting contributions without the Governor's consent. (CAN Release.) The solicitation letter complained that some of Maine's public schools were promoting Islam by providing instruction on the Five Pillars of Islam and the Koran and that some schools provide a prayer room for Muslims. It urged recipients of the letter to contact the Governor to complain.

10 MRS Sec. 8003(5) allows the agency to impose a civil penalty of up to $1500 for each violation of law. Apparently the state, as a condition to granting a renewal of CAN's license as a charitable organization, also required it to admit both that the Governor did not give his consent and that CAN's "correspondence contained an inflammatory anti-Muslim message." Yesterday, Liberty Counsel announced that CAN had filed a federal lawsuit against the state of Maine challenging an interpretation of the state statute that prohibits any mention of the Governor in a charitable solicitation without consent. The suit also claims that CAN's free speech was infringed by "censoring" of its anti-Muslim message.

UPDATE: Here is the full text of the complaint in Christian Action Network v. State of Maine, (D ME, filed 9/28/2009). The Bangor Daily News has more coverage and a link to the text of CAN's mailing.

2nd Circuit: Ministerial Exception Bars Rabbi's Suit Against Her Former Temple

In Friedlander v. Port Jewish Center, (2d Cir., Sept. 30, 2009), the 2nd Circuit agreed that a New York federal district court lacked jurisdiction over a breach of contract claim by a rabbi against her former congregation. (See prior posting.) The Court of Appeals found that the "ministerial exception" doctrine applies. That doctrine bars civil courts from interfering with the autonomy of religious institutions over ecclesiastical affairs. The Court said:

review of Freidlander’s claims ... would require scrutiny of whether she should have ... read more extensively from the Torah at certain services, prepared students for their Bar or Bat Mitzvah more adequately, performed certain pastoral services ... or followed the Temple’s funeral service policies. A reviewing court would also be required to assess whether any failures rose to the level of "gross misconduct or willful neglect of duty".... [S]uch review would involve impermissible judicial inquiry into religious matters.

[Thanks to Y.Y. Landa for the lead.]

Prosecutors Seek To Offer Unusual Religious Analysis In Competency Trial

A federal judge in Utah is being asked to permit rather unusual testimony about religious beliefs in the third competency hearing for Brian David Mitchell who has been charged with the 2002 kidnapping in Salt Lake City, Utah of then 14-year old Elizabeth Smart. (Background). According to KSL-TV yesterday, prosecutors want a professor who is an expert in the analysis of scripture, and an investigator of the Ervil LeBaron polygamy cult decades ago, to testify to show that Mitchell's religious writings do not show that he is delusional and mentally ill. Mitchell wrote a book of scripture, "The Book of Immanuel David Isaiah," in which he suggests he has powers greater than God's. Psychiatric experts used that to show he was incompetent to stand trial. Now the prosecution wants to call their witnesses to show that Mitchell's religious writings were coherent when viewed in the proper cultural context. They resemble views in Ervil LeBaron's "Book of the New Covenant" in which he justified over two dozen killings in biblical language.

Amicus Brief Raises Opposition To UN Convention

Two cases before the U.S. Supreme Court this term, Graham v. Florida and Sulivan v. Florida, appear to have become vehicles for those filing amicus briefs to duel over the U.N.'s Convention on the Rights of the Child which conservative Christian groups fear the U.S. Senate may ratify. They claim the Convention would infringe parental rights. (See prior posting.) An amicus brief filed by Amnesty International (joined by 14 other groups) in the two cases involving life sentences without parole imposed on juveniles urges the court to apply the prohibitions of the Convention as a matter of customary international law. Yesterday, according to a press release from Parentalrights.org, 16 members of the U.S. House filed an amicus brief arguing that the Convention is not binding on the United States. Previously some twenty religious groups representing various faith traditions filed an amicus brief arguing that imposing life imprisonment without parole on juvenile offenders contravenes fundamental religious values.

High School Cheerleaders Cannot Carry Religious Banners On Field

Yesterday's Chattanooga (TN) Times Free Press reports on a new variation of the dispute over mixing of religion and high school football. In Fort Oglethorpe, Georgia, since 2003 Fort Oglethorpe High School cheerleaders have displayed religious banners that the football players crash through at the beginning of games. The banners urge fans and players to "commit to the Lord" and "take courage and do it." After a complaint from a local resident, the superintendent [corrected] prohibited the banners, agreeing that the display of Biblical verses on the football field violates the 1st Amendment. This led to a community rally in support of the cheerleaders and strong statements supporting them from Fort Oglethorpe Mayor Ronnie Cobb who said: "If it's offensive to anyone, let them go watch another football game. Nobody's forced to come there and nobody’s forced to read the signs." Meanwhile, an area outside the stadium has been set aside so the signs can be displayed there. Several of the players, upset by the ruling, protested by holding a team prayer after they took the field last week.

An attorney for the Christian Law Association has been advising those upset with the school's ruling on at least two alternative routes, according to Chattanoogan.com. Barbara J. Weller says that while the students may not continue to put Bible verses on the banners they have been making officially for the games, they can make other banners with Bible verses on them, as long as they make the banners at home and bring them to the games on their own, without the school's approval, permission or participation. She also says that the school should not be able to prohibit banners that merely used the words, "Power, Love, Self Discipline" without reference to the Bible verse that includes them.

UPDATE: At an Oct. 13 meeting, the Catoosa County School Board upheld the superintendent's ruling. (ABP).

Supporters of Sectarian Prayer Threaten Billboards Exposing Council Votes

Around the country, the Freedom from Religion Foundation has been challenging city councils that open their meetings with sectarian prayers, and city councils have been forced to consider whether to change their policies. Few of the debates have been as contentious as that in Lodi, California (see prior posting) where a vote will be taken tonight. Yesterday's Lodi News-Sentinel reports that in advance of the vote, Council has received a letter from Chaplain Gordon James Klingenschmitt, the founder of the Colorado-based "Pray In Jesus Name Project," threatening that if council eliminates invocations or requires them to be non-sectarian, he will purchase billboards on Interstate 5 and Highway 99 for one year listing each council member as "Against Jesus" or "For Jesus." Councilman Bob Johnson described as Klingenschmitt's threat as "blackmail" and "petty thuggery."

Court Rejects Copyright Suit Claiming Infringement In Use of Judas Iscariot Trial

In Porto v. Guirgis, (SDNY, Sept. 28, 2009), a New York federal district court rejected a claim by author Michael Porto (also known as "Guy Michaels") that Guirgis' play "The Last Days of Judas Iscariot" violates the copyrights for Porto's novel "Judas on Appeal." Both works involved a fictional trial of Judas Iscariot in which the issue is whether Judas should be admitted to paradise. The novel has the trial before a fictional World Court of Religion held in the Federal Courthouse in New York's Foley Square, while the play has the trial before a fictional judge in Purgatory. The court said:

The trials depicted in the two works are dramatically different in substance, setting, plot, theme, language, and the overall thrust and feel of the works. Stripped of unprotectible elements—such as the biblical characters and biblical story—the works are not substantially similar.

Courthouse News Service reported on the decision yesterday.

German Court Says School Must Provide Prayer Space For Muslim Student

In the first ruling of its kind in Germany, the Berlin administrative court has ruled that Diesterweg High School in Berlin-Wedding must allow a Muslim student known in the litigation as Yunus M. to pray 10 minutes each day in a separate classroom. Deutsche Welle reported yesterday that freedom of religion guarantees required this accommodation which the court saw as not disturbing school operations. Berlin's Education Senate says it fears that the ruling will lead to the creation of "islands of belief" in the schools, and the chairman of Berlin-Wedding's parents' board said she fears that the ruling will further lessen Muslim students' willingness to integrate into the school.

New York Appellate Court Voids Church Election of New Pastor and Trustees

Trustees of Gallilee Pentecostal Church, Inc. v. Williams, (NY App. Div., Sept. 22, 2009), is a case in which plaintiffs sought a declaration as to who are the legal trustees and members of the Gallilee Pentecostal Church in Poughkeepsie, New York. In 1983 when the Church was formed, its articles named six trustees. Despite provisions in the articles and in the New York Religious Corporations Law calling for annual elections, no election of trustees was ever held. Now only two of the original six trustees are alive. In 2006, at the instigation of Frances J. Williams, some 30 people, allegedly members of the church, were notified of a meeting. 17 showed up and purported to elect Williams as pastor and as a trustee, and also purported to elect Barbara Williams-Mahmood as another trustee.

Plaintiffs, who objected to Williams as pastor, sued challenging the validity of the 2006 meeting. The appellate court agreed with their challenge, finding that defendants failed to prove who were church members entitled to vote at the meeting. The court declared that the two remaining original trustees were the only valid trustees. It went on to enjoin Williams and his supporters from exercising any authority or control over church property. [Thanks to Y.Y. Landa for the lead.]

Court Rejects Interlocutory Appeal In Minnesota Charter School Case

In ACLU of Minnesota v. Tarek Ibn Ziyad Acadamy, 2009 U.S. Dist. LEXIS 88425 (D MN. Sept. 24, 2009), a Minnesota federal district court denied a motion by the sponsor of a controversial charter school to certify an interlocutory appeal of a decision handed down by the court in July. In that decision (see prior posting) the court held that the ACLU had taxpayer standing to bring an Establishment Clause challenge to funding of the school by the state and that plaintiff had sufficiently pleaded the elements of a "state action" by the sponsor, Islamic Relief. The ACLU charges that the charter school promotes Islam. In denying the motion, the court concluded that there is no substantial ground for difference of opinion on the issue of taxpayer standing and that questions as to state action are primarily factual ones that do raise appropriate issues for appeal.

British Jewish Schools Implement New Admissions Criteria Ordered By Court

Today's London Guardian reports on changes in admission policy made by Britain's publicly-funded Jewish schools after a Court of Appeal decision in June held that using the traditional Orthodox Jewish definition of who is Jewish amounts to impermissible racial discrimination instead of a permissible religious criterion. (See prior posting.) The article focuses particularly on the Jewish Free School, which it describes as "vast, in size and in reputation", and which was the school involved in the lawsuit. Now Jewish schools have introduced a "point system" to measure religious practice. Attending synagogue twice a month in addition to festivals earns a child three points. Formal Jewish education is worth one point. Voluntary work in a charity is worth one point. JFS requires three points to be considered a priority applicant. Meanwhile synagogues have seen a spike in attendance as families rush to earn points before the admissions deadline passes. The shift to assessing religious practice is consistent with criteria used by publicly-funded Christian and Muslim schools in Britain. The case is on appeal to Britain's new Supreme Court. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Christian Group Creates "Adopt a Liberal" Initiative

Liberty Counsel (a Christian advocacy group) has begun a "prayer in action" initiative it calls "Adopt a Liberal." It is hoping to change the minds of political leaders it sees as "misguided". The initiative calls on participants to pick one of the eleven liberals on Liberty Counsel's list, or to choose some other liberal leader, and then:

Pray earnestly and intensely for them! Pray that the Lord would move upon them and cause them to be the kind of leaders who will encourage others to lead "a quiet and peaceable life in all godliness and reverence." We encourage you to seek the Lord's guidance on how to pray for your liberal(s), always allowing Him to temper your prayer with His love and mercy....

Please pray daily for the liberal(s) of your choice, so each can become a good influence on our Nation's culture. Prayer is powerful! It allows God to change the minds of those for whom we are praying. In fact, we fully expect that many of our adoptees will "graduate" from this prayer program with vivid testimonies of God having changed their lives and worldviews!

Woman's Caning Sentence Upheld On Appeal In Malaysia

In Malaysia, apparently a controversial sentence of a Muslim woman for drinking alcohol is back on track. Last month Kartika Sari Dewi Shukarno became the first woman to be sentenced under the country's Islamic law to caning for drinking alcohol. When she defiantly asked that her punishment be carried out in public, the sentence was delayed because of Ramadan and to allow for a government appeal after objections from activists. (See prior posting.) Now, according to AP, the chief Shariah judge of Pahang state has ruled that the lower court acted in accordance with law. It is now up to the Pahang Islamic Religious Department to carry out the largely symbolic caning.

Victoria Government Agrees To Broad Religious Exemptions In Discrimination Law

In the Australian state of Victoria, the attorney general has pre-empted a parliamentary committee and has announced an agreement with religious groups (including churches, schools, hospitals and welfare services) that will modify current law but still grant them broad exemptions from anti-discrimination prohibitions. According to The Age yesterday, the compromise permits religious groups to discriminate in employment and the furnishing of services on the basis of sex, sexuality, marital and parental status and gender identity, so long as they demonstrate how the discrimination relates to their religious doctrines. Thus conservative religious schools can refuse to hire single mothers or gays even for non-teaching positions, and Islamic groups can refuse to employ Christians. However religious groups will be barred from discriminating on the basis of race, disability, age, physical features, political beliefs or activity, or breastfeeding.

2010 National Religious Moot Court Announced

George Washington University Law School has announced the 2010 National Religious Freedom Moot Court to be held February 5-6, 2010 in Washington, DC. This year's problem involves free exercise issues in decisions of a local police department to regulate the activities and the dress of a police officer. The competition is open to students from ABA-accredited law schools. Registration extends until November 6, 2009.

Recent Articles and Books of Interest

From SSRN:

• Jeffrey M. Lipshaw, Can There Be a Religion of Reason? A Response to Leiter's Circular Conception of Religious Belief, (Suffolk University Law School Research Paper Series, Sept. 27, 2009).
• Mostapha Benhenda, Liberal Democracy and Political Islam: The Search for Common Ground, Politics, Philosophy & Economics, Forthcoming).
• Umar Aimhanosi Oseni, Towards the Effective Legal Regulation of Waqf in Nigeria: Problems and Prospects, (September 25, 2009).

From SmartCILP:

• Stephen M. Johnson, Is Religion the Environment's Last Best Hope? Targeting Change in Individual Behavior Through Personal Norm Activation, 24 Journal of Environmental Law & Litigation 119-164 (2009).
• Chad G. Marzen, The Role of Custom in Canon, Jewish, and Islamic Law: Supplemented, Superseded, or Supplanted by Written Law?, 35 Ohio Northern University Law Review 813-827 (2009).
• Anne Orford, Jurisdiction Without Territory: From the Holy Roman Empire to the Responsibility to Protect, 30 Michigan Journal of International Law 981-1015 (2009).
• Nicholas C. Rigano, Fraudulent Conveyance Law: Destroying Free Exercise Rights at a Church Near You, 17 American Bankruptcy Institute Law Review 165-187 (2009).

Recent Books:

• Anne Marie Lofaso, Religion in the Public Schools: A Road Map for Avoiding Lawsuits and Respecting Parents' Legal Rights (Americans United for Separation of Church & State, 2009), reviewed on AU's website. [Link is to full text of book.]
• David Nash (ed.), Blasphemy in Britain and America 1800-1930, (4 vols.) (Pickering & Chatto Publishers, forthcoming April 2010).

China Issues New Report on Its Ethnic Policy-- Claims Religious Freedom

The Chinese government today issued a White Paper titled China's Ethnic Policy and Common Prosperity and Development of All Ethnic Groups. The Xinhua news agency carries a series of reports on the White Paper. Summarizing the report's findings on religious freedom, Xinhua says:

Freedom of religious belief in China means that every citizen has the freedom to believe or not to believe in any religion," said the white paper issued by the Information office of the State Council.... [A]ll normal religious activities, including those of ethnic minorities, are protected by law.... Venues for religious activities are found all over China, basically satisfying the needs of religious believers.... [T]he Chinese government also helps religious groups build seminaries to train clergymen of ethnic minorities, subsidizes the repairs of some religious venues in minority areas, and gives allowances to poor religious believers of ethnic minorities, according to the white paper.

The White Paper comes in the wake of a letter earlier this month (full text) from two members of the U.S. House of Representatives to Jon Huntsman, the new U.S. ambassador to China, raising concerns about reported plans by China to take new steps against "house churches" leading up to the Oct. 1 marking of the 60th anniversary of Communist Party rule in China. (Christian Post, Sept. 10.)