Russia Refuses To Recognize US Court Order On Return of Jewish Book Collection

According to Interfax today, Russia's Ministry of Foreign Affairs is refusing to comply with an order issued last month by a United Stated federal court requiring the Russian government return a library and archive of Jewish books and manuscripts to the Chabad movement in the United States. (See prior posting.) The Ministry's statement said in part:

The Schneerson library has never belonged to Chabad. It never left Russia and was nationalized because there were no legal heirs in the Schneerson family.... On the contrary, it is American Hasids who must return to Russia seven books from the same collection that they lent from the Russian State Library in 1994 through the U.S. Congress library for two months and have withheld illegally for 16 years now.... Unfortunately, the U.S. judge made an unlawful decision, which cannot be enforced in Russia.... There is no agreement between Russia and the U.S. on mutual recognition and enforcement of civil judgments.

The Ministry's statement said that Russian courts are open to the American Hasidic group to assert its claims.

Imam Leading Efforts To Build Ground Zero Mosque Will Be State Department Speaker In Middle East

At Tuesday's State Department daily press briefing (full text), Assistant Secretary Philip Crowley discussed the travel of Imam Feisal Abdul Rauf, leader of the group planning to build the controversial mosque near Ground Zero in New York City, as part of the State Department's International Information Program.  On the government-sponsored trip, Feisal will visit Qatar, Bahrain, and the UAE to discuss Muslim life and religious tolerance in the United States. The Department sends some 1200 speakers a year overseas on all sorts of topics. Last year 52 of the programs focused on religious tolerance in the U.S. This is Imam Feisal's third trip under the program since 2007. Crowley said that Feisal's "work on tolerance and religious diversity is well-known and he brings a moderate perspective to foreign audiences on what it’s like to be a practicing Muslim in the United States." The State Department bans its speakers from engaging in fund raising on State Department trips. Crowley insisted that the Administration has not taken a position on the proposed Islamic Center near Ground Zero, but it did post the remarks on religious tolerance delivered by Mayor Michael Bloomberg (see prior posting) on a State Department website aimed at foreign audiences. (See prior posting.)

White House Issues Greetings On Start of Ramadan

President Obama yesterday issued a statement (full text) extending best wishes to Muslims in the United States and around the world on the occasion of the start of Ramadan. He said that Ramadan rituals "remind us of the principles that we hold in common, and Islam’s role in advancing justice, progress, tolerance, and the dignity of all human beings. Ramadan is a celebration of a faith known for great diversity and racial equality. And here in the United States, Ramadan is a reminder that Islam has always been part of America and that American Muslims have made extraordinary contributions to our country."  The President said he would host an Iftar dinner celebrating Ramadan later this week at the White House.

6th Circuit Upholds Trademark Infringement Claims By Seventh Day Adventist Church

In General Conference Corporation of Seventh Day Adventists v. McGill, (6th Cir., Aug. 10, 2010), the U.S. 6th Circuit Court of Appeals rejected efforts by defendant to obtain dismissal of various trademark infringement claims against him brought by two Seventh Day Adventist organizations. Defendant broke away from the Seventh Day Adventist Church and began his own congregation (which has 3 members). He called the new religious organization the Creation Seventh Day & Adventist Church. Defendant believed he was divinely mandated to use the Seventh Day Adventist name. The court refused to carve out a new exception under trademark law for disputes involving religious use of intellectual religious property. It also rejected defendant's claim that the Religious Freedom Restoration Act applies to the case, holding that RFRA applies only in suits against the government. It also agreed with the district court that the "Seventh Day Adventist" trademark is valid and that defendant's use of the mark is likely to cause confusion among the public. (See prior related posting.)

Imperial County Appeals Proposition 8 Ruling To 9th Circuit

Imperial County, California on Tuesday filed an appeal in Perry v. Schwarzenegger, the ruling invalidating California's Proposition 8 banning gay marriage. (See prior posting.)  The County Board of Supervisors voted 4-1 to authorize the appeal. Voters in the county approved  Proposition 8 by a large majority. The district court had refused to allow Imperial County to intervene at the trial level. The appeal is being handled for the county by Advocates for Faith and Freedom, a law firm dedicated to protecting religious liberty.

Egypt Suspends Daylight Savings Time For Ramadan

NPR reports that the Egyptian government is suspending daylight savings time beginning today for the month of Ramadan.  When Ramadan is over, daylight savings time will be reinstituted.  The government's action allows Muslims to break the Ramadan fast an hour earlier than otherwise-- though it begins an hour earlier the evening before. Apparently Egypt is the only country creating a special Ramadan time zone.

Iowa County Raises Fines On Mennonites' Steel Wheel Tractors

Today's Des Moines Register reports that in Mitchell County, Iowa, the county's battle with Old Order Groffdale Mennonites continues. (See prior posting.) The county Board of Supervisors yesterday approved higher fines for driving tractors with steel-studded wheels on county roads while the constitutionality of such bans are still working their way through the courts. The county disputes whether driving tractors with steel wheels is really a protected religious practice, while the Mennonites claim that their vehicles do little damage to the roads. The new ordinance creates minimum fines-- $250 for the first offense-- to counteract the nominal fines that courts have been imposing. During debate on the ordinance, county supervisors kept raising the Biblical command against stealing, accusing the Mennonites of stealing from taxpayers by damaging county roads.

Rifqa Bary Turns 18 and Is Released From State's Child Custody

AP reports that Rifqa Bary, the teenager who ran away from her parents' home in Ohio claiming her father threatened her life for converting from Islam to Christianity, turned 18 yesterday and was released from state children's services custody by an Ohio juvenile court. Angela Lloyd, one of Rifqa's attorneys, said: "She looks forward to preaching the word to all the nations — and those are her words." However, Rifqa's parents, who have denied her claims and sought her return to their custody, said in a statement: "The sad reality is that when our daughter's usefulness has been used for the political agenda of xenophobia and religious bigotry, when they have moved on to other ways of putting Islam and immigrants on trial, then they will not care about Rifqa Bary anymore." Her parents also defended their unsuccessful attempt to get Rifqa to undergo chemotherapy treatment following successful surgery for uterine cancer this summer. (See prior posting.) They said that if Rifqa dies, "the responsibility will fall on her attorneys and all the religious fanatics encouraging her to ignore her doctor's orders." Last week the Ohio court ruled that reconciliation with her parents was not possible before Rifqa turned 18, and permitted her to apply for a special immigration status for underage illegal immigrants in order to avoid deportation to Sri Lanka.

Meanwhile, in an interview with the Orlando Sentinel yesterday, Rifqa's father said of his daughter: "We love her. We want the best for her." He says two weeks ago Rifqa sent her parents a video, along with candy and music, telling her parents she loved them. She has also sent them letters.

Tajik City Bans Call To Prayer Via Loud Speakers

Radio Free Europe yesterday reported that as Ramadan is about to begin around the world today and tomorrow, officials in the northern Tajikistan city of Panjakent have banned the adhan (the Muslim call to prayer) being transmitted through loud speakers. They say such broadcasts can cause confusion and disturb the peace. The population of Tajikistan is 98% Muslim. (Background).

Minister Arrested For Picketing HIgh School Over "Demon" Mascot

In Warner Robins, Georgia, police Monday arrested Pastor Donald Crosby for leading a group of picketers outside Warner Robins High School without a permit. He was also charged with disorderly conduct for his response when he was asked to leave. Crosby was protesting the high school's mascot, the Demon. According to 13WMAZ News, Crosby argues he was standing up for Jesus, saying "Demons aren't lazy, Christians are." Crosby says he has legal custody of a 15 year old who is in that school district, and he doesn't want him exposed to the evil connotations of the mascot's name. Crosby, who is pastor of Kingdom Builders Church of Jesus Christ in Macon started a petition last month to have the Demon removed as school mascot.  Police say they tried to work with Crosby so he could get a picketing permit, but he refused.

School officials say the mascot was adopted in World War II in order to honor the 7th fighter squadron at Robins Air Force Base that earned the name, the "Screamin Demons."  But Crosby is not convinced. (13WMAZ News). Meanwhile a pro-mascot petition (full text) has also begun circulating online. (13WMAZ News report). The petition reads in part:

They took DIXIE (the marching band theme song) from us don't let them have our mascot too...Once a DEMON ALWAYS A DEMON!!!! It's tradition, school pride, unity! It's not abomination against God. A mascot is supposed to be intimidating toward the opponent. What's more intimidating than a demon...? Looking at the mascot is not evil, it was not meant to be evil. It was adopted in honor of group of soldiers in the Air Force during WW2. This is an Air Force town that we live in. Chanting "Go Demons" does not invoke demonic creatures from the underworld to come so we can worship them. It is simple a way to let our young sportsmen and women know that we are supporting them in their endeavors.

Kentucky Lawsuit Seeking To Hold Vatican On Priest Abuse Is Dropped By Plaintiffs

Today's Washington Post reports that plaintiffs in O'Bryan v. Holy See have filed a motion with a Kentucky federal district court asking that their lawsuit be dismissed. The three plaintiffs in the case had sought to hold the Vatican liable for their abuse by priests and had hoped to depose Pope Benedict XVI in the case. Plaintiffs' lawyers say, however, that the court's holding that the Vatican had sovereign immunity on all claims except for respondeat superior claims regarding supervision of abusive priests limits plaintiffs' ability to proceed. (See prior posting.) One of the plaintiffs has been part of a settlement against the Louisville archdiocese. The supervising bishops involved in the cases of the other two plaintiffs have died so that further discovery about their actions is not practical. Lawyers have failed to turn up other plaintiffs who have not settled their abuse claims and are willing to come forward. In May, the Vatican filed extensive motions to dismiss based both on statute of limitations and respondeat superior grounds. (See prior posting.)

Christian School In California Fires Catholic Employees For Inconsistent Beliefs

Yesterday's Riverside (CA) Press-Enterprise reports that a Christian school in Corona (CA) has fired four teachers and seven other employees-- most of whom are Catholic-- because their religious beliefs do not coincide with those of Crossroads Christian Church that sponsors the 583- student school. Some of the dismissed employees had been with the school as long as 22 years. The school opened in 1979, but the Church did not begin to strictly enforce its requirements that employees attend a "Bible-believing church" until last year.  Senior pastor of the Crossroads Church says Catholic beliefs such as praying to saints and the belief that the in communion the wafer and wine become the body and blood of Jesus are inconsistent with those of Crossroads. Also most of the dismissed employees had not undergone baptism by full body immersion, the only form seen as valid by Crossroads. Experts disagree over whether the firings violate anti-discrimination laws.

Teacher At Muslim University In India Excused From Burqa Requirement

In India, a teacher at Aliah University, West Bengal's first Muslim University, has won her battle to teach without wearing a burqa.  Indian Express reports today that the West Bengal Students' Union had told all teachers to wear burqas to class, but Sirin Middya refused and for three months has not been able to hold class. However on Monday the university administration asked Middya to resume teaching and assured her she would not face problems for not wearing a burqa. The student union agreed that she could resume teaching so long as whatever she wore was "decent." It accused her of "creating an issue" through the media, where none existed.

Morocco Closes Over 1200 Mosques For Safety Reasons

Authorities in Morocco have ordered the complete closure of 1,256 mosques and the partial closure of 416 others for safety reasons.  AFP today reports that the government inspected 19,205 mosques after the collapse of a minaret in February killed 41 and injured 76. The government has set aside $325 million for mosque improvements. 513 mosques will be demolished and rebuilt. Morocco has a total of nearly 48,000 mosques.

DC Circuit Strikes Down National Park Speech Permit Rules

In Boardley v. United States Department of the Interior, (DC Cir., Aug. 6, 2010), the D.C. Circuit Court of Appeals struck down as unconstitutionally overbroad on their face requirements that individuals and small groups obtain a permit before engaging in expressive activities in national parks, even in designated free speech areas. The regulations apply to both public assemblies and distribution of written materials. The lawsuit was filed by a Christian activist who, along with his associates, was stopped from distributing gospel tracts without a permit at the Mt. Rushmore National Memorial. The court left open the possibility that the government can rewrite the rules to make them applicable only to large groups. Fox News yesterday reported on the decision. (See prior related posting.)

New York MTA Accepts Controversial Anti-Mosque Ad After Lawsuit Is Filed

After a lawsuit was filed on Friday, the New York Metropolitan Transit Authority agreed to permit a banner ad on its buses, sponsored by the American Freedom Defense Initiative opposing the proposed mosque and Islamic center near Ground Zero. (Press release from David Yerushalmi law firm). The ad (photo) reads "Why There?",  and equates the"WTC Jihad Attack" with "WTC Mega Mosque". The federal lawsuit (full text of complaint in American Freedom Defense Initiative v. Metropolitan Transit Authority, (SD NY, Aug. 6, 2010), alleges that MTA's objections to the ad for equating the proposed mosque with the 9-11 attack amount to content- and viewpoint-based censorship in violation of the First Amendment and the Equal Protection Clause. The complaint includes examples of other controversial religious and political ads accepted by MTA. Exhibits to the complaint also show various amended versions of the ad submitted during negotiations with MTA-- each changing the way in which the Twin Towers and the plane attack on them are depicted.

Consent Order Allows Kosher Slaughtering To Continue In New Zealand While Suit Is Pending

In New Zealand where the Jewish community has filed suit challenging the government's refusal to exempt kosher slaughtering from a new Animal Welfare Slaughter Code that requires animals be stunned before being killed (see prior posting), the parties have agreed to allow kosher slaughtering to continue while the litigation is pending. NZPA (via Voxy.co.nz) reports that a consent order was issued today by the High Court at Wellington requiring a temporary exemption for kosher slaughtering until the case is decided next year.

Baha'i Leaders In Iran Sentenced To 20 Years

CNN reported yesterday that in Iran, according to the Baha'i International Community, seven top Baha'i leaders who were arrested in 2008 and held without charges have now each been sentenced to 20 years in prison.  During the trial, the accused had only about one hour's access to counsel. Among the charges eventually filed against the leaders were espionage, propaganda activities against the Islamic order, and the establishment of an illegal administration. An appeal of the sentences is being undertaken. Baha'i is Iran's largest non-Muslim minority, and members of the Baha'i faith have traditionally been discriminated against by the government in their religious exercise and in their access to public services.

UAE Islamic Authority Says Workers Can Break Ramadan Fast To Avoid Heat-Related Health Problems

Ramadan begins this week. AFP reports that in the United Arab Emirates, the General Authority for Islamic Affairs and Endowments has issued a ruling that workers facing high heat and humidity can break their Ramadan fast before sundown to avoid health problems. The fatwa says this only applies if the worker starts the day fasting.

Recent Articles of Interest

From SSRN:

• David B. Owens, No Bueno, Buono: An Essay on Salazar v. Buono and Establishment Clause Remedies, (June 7, 2010).
• Rony Guldmann, Beyond the Jurisprudence of Politeness: On the Relativity of Religious Neutrality, (July 20, 2010).
• Ori Aronson, Out of Many: Military Commissions, Religious Tribunals, and the Democratic Virtues of Court Specialization, (Virginia Journal of International Law, Vol. 52, No. 2, 2010).
• Timur Kuran & Scott Lustig, Judicial Biases in the Ottoman Empire: The Roles of Inter-Court Competition and Personal Exchange, (Economic Research Initiatives at Duke, July 22, 2010).
• Mark L. Movsesian, Fiqh and Canons: Reflections on Islamic and Christian Jurisprudence, (Seton Hall Law Review, Forthcoming).
• Ian T. Benson, Living Together with Disagreement: Pluralism, the Secular, and the Fair Treatment of Beliefs in Canada Today, (The Ronning Centre Forums II, 2010).
• Ian T. Benson, Is Canada Moving Towards or Away from Religious Inclusivity in the Public Sphere?, (Religion in the Public Square in Canada Conference, 2010).
• Ming Chen, Alienated: A Reworking of the Racialization Thesis after September 11th, (American University Journal of Gender, Social Policy & the Law, Vol. 18, No. 3, p. 101, 2010).
• Shannon Weeks McCormack, Taking the Good with the Bad: Recognizing the Negative Externalities Created by Charities and Their Implications for the Charitable Deduction, (Arizona Law Review, Forthcoming).

From SmartCILP:

• David A. Harris, Law Enforcement and Intelligence Gathering in Muslim and Immigrant Communities After 9/11, 34 N.Y.U. Review of Law & Social Change 123-190 (2010).
• Adam H. Koblenz, Jewish Women Under Siege: The Fight for Survival on the Front Lines of Love and the Law, 9 University of Maryland Law Journal of Race, Religion, Gender & Class 259-301 (2009).
• Steven Menashi, Toward a "More Enlightened and Tolerant View": Educational Choice and the Regulation of Religious Institutions, 66 N.Y.U. Annual Survey of American Law 31-74 (2010).