Pope's State Visit To Britain Begins Thursday

Pope Benedict XVI begins a four-day state visit to Great Britain tomorrow. The full schedule for the visit, which begins in Edinburgh with a visit to the Queen in the Palace of Holyroodhouse, is posted on the Vatican's website.Yesterday's Financial Times reports on some of the logistical issues faced by those planning the trip.  The Pope's trip will culminate in a ceremony in Birmingham on Sunday beatifying Cardinal John Henry Newman, a 19th century British theologian. Zenit yesterday published an interview with Francis Campbell, U.K. ambassador to the Holy See, who said that the U.K. attaches great importance to its relationship with the Holy See.

Israel's Interior Ministry Will No Longer Accept Online Payments On the Sabbath

Israel's Interior Ministry accepts online payments for various services, such as renewing a passport, replacing a lost identity card or obtaining a permit to hire a foreign worker.  Haaretz reported yesterday that Interior Minister Eli Yishai, of the religious Shas Party, has ordered that the Ministry's computers be reprogrammed so they will not accept payments on the Jewish Sabbath or Jewish holidays. Critics say the change is uncalled for since receipt of online payments does not require Ministry personnel to work on the Sabbath or holidays.

Justice Breyer Says 1st Amendment Protection of Qur'an Burning Is Unclear

U.S. Supreme Court Justice Stephen Breyer, in an interview broadcast on ABC News Good Morning America yesterday, said that whether burning the Qur'an is protected by the First Amendment is still an open question.  He told interviewer George Stephanopoulos: "[Justice] Holmes said [the First Amendment] doesn’t mean you can shout 'fire' in a crowded theater. Well, what is it?  Why?  Because people will be trampled to death.  And what is the crowded theater today?  What is the being trampled to death?'

France's Senate Passes Ban on Burqa and Niqab

France's Senate today, by a vote of 246-1, approved a bill banning wearing anywhere in public of garments such as the niqab or burqa that include a full-face veil.  The National Assembly, the lower house of France's Parliament has already approved the bill. (See prior posting.) According to BBC, the bill now goes to France's Constitutional Council which has one month to confirm the law's constitutionality. If it passes this hurdle, it will go into effect in six months, though it could also be challenged before the European Court of Human Rights in Strasbourg. Hours after the Senate's action, French police, in response to a bomb threat, evacuated the Eiffel Tower and the park around it. (CNN). It is not clear whether the threat was connected to the Senate's action.

UPDATE: To clarify the voting numbers, the French Senate has 346 members. (Wikipedia.) Most of the opposition Socialist senators abstained. They do not favor full-body veils, but oppose banning them through legislation. (Wall Street Journal).

Suit Seeks Religious Exemption From Catholic School For Immunization Requirement

Fox News yesterday reported on a lawsuit filed in a Nassau County, New York state court against a Catholic high school by parents of a 14-year old seeking to require the school to accept their religious objections to vaccination requirements and enroll their son.  The parents, Andrea and Paul Polydor, say they believe that immunizations defile bodies as created by God and show a lack of faith in God and his divinely created immune system. Kellenberg Memorial High School says state law requires a Certificate of Immunization before students can begin to attend classes. New York law does provide for religious exemptions if the school determines the objections are legitimate.

Australian University Suspends Lawyer Over Smoking of Bible And Qur'an Pages On YouTube

In Australia, the Queensland University of Technology has placed research lawyer Alex Stewart on leave after he posted a 12-minute video on YouTube showing him smoking what he says were grass clippings wrapped in pages of the Bible and the Qur'an. The video was titled "Bible of Koran--which burns best?" Today's London Telegraph describes the video on which Stewart, an organizer with the Brisbane Atheists, calls the Bible and Qur'an "just books."  Stewart now fears he will be fired over the video.  University vice chancellor Peter Coaldrake said: "There is no need for this kind of thing, just to create disunity and disharmony among people living in Australia."

Street Preacher's Lawsuit Challenges DeWitt, NY Noise Ordinance

Yesterday's Syracuse (NY) Post-Standard reports that a lawsuit has been filed in a New York federal district by a Christian preacher seeking to have the DeWitt, New York noise ordinance declared unconstitutional.  Traveling Catholic Christian evangelist Nicholas Auricchio was taken to a police station and cited last year for preaching in a loud voice on a public sidewalk. The charges were dropped within a month. The lawsuit claims that the ordinance's ban on any annoying sound that causes "public inconvenience, annoyance or alarm or disturbs the public’s peace, comfort or tranquility" violates Auricchio's free speech and free exercise rights.

9th Circuit Grants En Banc Review In Court Holding Cell Headscarf Case [corrected]

CBS 5 reported yesterday that the 9th Circuit Court of Appeals has granted en banc review in Khatib v. County of Orange. In the case, the 9th Circuit 3-judge panel, by a 2-1 vote concluded that a court house holding cell is not covered by the Religious Land Use and Institutionalized Persons Act. It therefore upheld the dismissal of a RLUIPA lawsuit filed by a Muslim woman who, on two occasions in a single day when the court was dealing with her probation violation, was required to remove her hijab (headscarf) for security reasons.(See prior posting.) [Note- an earlier version of this posting referred to the wrong circuit.]

Raelians Sue Pope Benedict XVI In British Court

In Great Britain, the European Raelian Movement has filed a lawsuit in Britain's High Court against Pope Benedict XVI charging him with violating international human rights law and committing genocide in Africa by continuing to claim that condoms do not prevent the spread of AIDS. According to a press release from the Raelian Movement, the complaint also alleges that the Vatican organized a disinformation campaign against Raelians in retaliation for the Raellians' attempt to call attention to the Catholic Church's child sex abuse scandal. Cardinal Ratzinger (now Pope Benedict) was in charge of dealing with the sex abuse scandal in the 1990's. The Raelian Movement believes that all life on earth was created thousands of years ago by extraterrestrial scientists  who were mistaken by our ancestors for gods.

Justice Department Sues California City Under RLUIPA Over Buddhist Temple Use Permit

A press release by the U.S. Department of Justice yesterday reports that the federal government has filed a lawsuit against the city of Walnut, California, charging that it violated the Religious Land Use and Institutionalized Persons Act when it refused to issue a conditional use permit to the Chung Tai Zen Center for it to operate a Buddhist house of worship on land it owned. The complaint charges that the Center's application was treated differently from that of other religious and non-religious groups. Until its denial in 2008 of the Center's application, the city had not refused to issue a conditional use permit to build, expand or operate a house of worship since 1980.

11th Circuit Rejects Free Exercise Challenge To City's Business Regulation

In Manseau v. City of Miramar, (11th Cir., Sept. 10, 2010), the 11th Circuit Court of Appeals dismissed a free exercise claim brought against the city of Miramar, Florida by a couple who were fined for a number of code violations for operating a commercial roofing business out of their residence.  Plaintiffs claimed that the citations and fines made them unable to practice their religion which was funded by their roofing business. The court, however, held that the code provisions regulating businesses were valid neutral laws of general application whose effect on religion was merely incidental.

Senegalese Court Convicts Muslim Holy Men of Violating Ban on Use of Children For Begging

Under pressure from human rights groups and U.S. foreign aid agencies, authorities in Senegal last month reversed a long-enrenched custom and banned marabouts-- Muslim holy men-- from enlisting children to beg for them.  Then, according to yesterday's New York Times, last week for the first time seven marabouts were convicted by a court in Dakar of violating the ban. They were given a rather light sentence of six months probation and a fine, but many see the move as revolutionary.  Human Rights Watch has estimated that there are as many as 50,000 children (called talibes), some as young as 4, on the streets of Senegal weaving in and out of traffic to beg for coins that they must then turn over to marabouts where they live. Supposedly the children are enrolled in schools teaching the Qur'an, but often they learn little. Observers are not sure whether last week's convictions are the beginning of a real enforcement effort or merely a symbolic gesture. The Koranic Teachers Association in the town of Louga called for Sengalese President Abdoulaye Wade to resign if the government insists on enforcing the ban on talibes.

Texas Gubernatorial Candidates Give Views On Teaching of Creationism/ Intelligent Design

The San Angelo (TX) Standard Times yesterday published responses of of Texas Gov. Rick Perry and his opponent in the November election, Houston Mayor Bill White, to questions on K-12 Education.  Both were asked: "Explain where you stand on evolution-creationism being taught in the schools."  Perry replied:

I am a firm believer in intelligent design as a matter of faith and intellect, and I believe it should be presented in schools alongside the theories of evolution. The State Board of Education has been charged with the task of adopting curriculum requirements for Texas public schools and recently adopted guidelines that call for the examination of all sides of a scientific theory, which will encourage critical thinking in our students, an essential learning skill.

His challenger, Bill White responded:

Educators and local school officials, not the governor, should determine science curriculum.

[Thanks to Scott Mange for the lead.] 

Turkish Voters Approve Constitutional Changes That Will Pack Court To Approve More Religious Accommodation

In Turkey yesterday, a 58% vote of the electorate approved a package of constitutional changes. Among them were ones that increase the number of judges on the country's Constitutional Court and give Parliament a greater say in appointing judges.  Yesterday's Toronto Globe & Mail reports that these changes pave the way for appointment of judges who will not strike down legislation accommodating religious practices, such as giving women the right to wear head scarves in universities.

Ministerial Exception Applies Regardless of Employees Subjective Intent

In Green v. Concordia University, 2010 U.S. Dist. LEXIS 94168 (D OR, Sept. 8, 2010), adopting a federal magistrate's recommendations (2010 U.S. Dist. LEXIS 94176, June 23, 2010), an Oregon federal district court held that the ministerial exception requires dismissal of a of plaintiff's claim that she was improperly denied admission on the basis of her age and other factors to the Director of Christian Education program of Concordia University, a Christian liberal arts university.  The court held that the university's decision was based on criteria that are largely religious.  It rejected plaintiff's argument that the ministerial exception did not apply to her Age Discrimination in Employment Claim because she intended to use her DCE certification to teach in public schools. Subjective intent of the employee is not the test. Instead the focus is on the characteristics of the position.

Recent Articles of Interest

From SSRN:

• Kevin J. Worthen, The NCAA and Religion: Insights About Non-State Governance from Sunday Play and End Zone Celebrations, (Utah Law Review, Vol. 2010, pp. 123-140).
• Michael W. McConnell, Schism, Plague, and Late Rites in the French Quarter: The Strange Story Behind the Supreme Court’s First Free Exercise Case, (September 10, 2010).

From Bepress:

• Elimelech Westreich, Family Law and the Challenge of Modernity: Debate about Levirate Marriage among Moroccan Sages, (Tel Aviv University Legal Working Paper Series. Tel Aviv University Law Faculty Papers. Working Paper 121, Aug. 2010).

From SmartCILP:

• Onder Bakircioglu, A Socio-legal Analysis of the Concept of Jihad [Abstract], 59 International & Comparative Law Quarterly 413-440 (2010).
• Debbie N. Kaminer, Religious Conduct and the Immutability Requirement: Title VII's Failure to Protect Religious Employees in the Workplace, 17 Virginia Journal of Social Policy & Law 453-485 (2010).
• Christian Realism and Public Life: Catholic and Protestant Perspectives. Articles by Victor C. Romero, Susan J. Stabile and Richard M. Esenberg. 7 University of St. Thomas Law Journal 310-401 (2010).
• Journal of Law and Religion, Vol 25, No. 3 (2009-10) has recently been published.

Recent Prisoner Free Exercise Cases

In Beebe v. Birkett, 2010 U.S. Dist. LEXIS 91690 (ED MI, Sept. 3, 2010), a Michigan federal district court, adopting a magistrate's recommendations, dismissed several claims by a Jewish prisoner, but allowed him to move ahead with a portion of his as-applied challenge to the prison's kosher meal policy. UPDATE: The magistrate's recommendation is at 2010 U.S. Dist. LEXIS 98186, Feb. 22 2010.


In Maier v. Wilson, 2010 U.S. Dist. LEXIS 92732 (D MT, Sept. 7, 2010), a Montana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 92848, Aug. 5, 2010) and held that plaintiff suffered no injury from the prison's failure to post a list of disallowed religious books; that neither having to choose between going to his prison job or weekly Wicca services nor the prison's restrictions on tarot cards imposed a substantial burden on plaintiff's free exercise; that plaintiff was given adequate opportunity to practice his Wicca religion; and that treatment of Native Americans did not create an Establishment Clause or equal protection violation.


In Roberts v. Shearin, 2010 U.S. Dist. LEXIS 92512 (D MD, Sept. 7, 2010), a Maryland federal district court dismissed an inmate's complaint that his free exercise rights were violated by a temporary ban on inmates receiving hard bound books, including religious books. It dismissed his complaint that he was not permitted to practice his religion of Kinteic Science because he had not taken any steps to have his religion and his requested accommodation recognized.


Mintun v. Peterson, 2010 U.S. Dist. LEXIS 92489 (D ID, Sept. 3, 2010), involved a complaint by a Christian inmate who was gay about the anti-gay environment in the non-denominational fellowship service. He was barred by officials from attending that service while his complaints were investigated and was refused the right to create a separate service for gay Christians. The court dismissed the complaint, holding narrowly that plaintiff had not shown that other eight available Christian religious services were inadequate or that other inmates would attend a service for gay Christians.


In Verducci v. Marsh, 2010 U.S. Dist. LEXIS 92712 (ED CA, Aug. 17, 2010), a California federal magistrate judge dismissed, with leave to file a more specific amended complaint, a county jail detainee's complaint that he was denied access to Jewish religious services, Jewish reading material and a kosher diet.


In Hankins v. Pennsylvania, 2010 U.S. Dist. LEXIS 92743 (WD PA, Sept. 7, 2010), a Pennsylvania federal district court adopted a magistrate's recommendations (Hankins v. Beard, 2010 U.S. Dist. LEXIS 92864, July 29, 2010) and refused to dismiss an inmate's complaint that while confined in county jail he was not provided a religious representative and could not keep religious materials in his cell.


In Crump v. Prelesnik, 2010 U.S. Dist. LEXIS 93178 (WD MI, Sept. 8, 2010), plaintiff alleged that prison authorities infringed his religious rights in a number of ways through retaliatory actions. These included a cell search that left his Qur'an and prayer rug face down on a muddy floor; requiring him to roll down and drag his pants in violation of a religioius prohibition; and delaying plaintiff's request for hygiene items that caused him to be unclean for his daily prayers. These retaliation claims are apparently among those that a Michigan federal district court permitted plaintiff to continue to pursue.


In Adkins v. Cabell, 2010 U.S. Dist. LEXIS 93290 (SD WV, Sept. 7, 2010), a West Virginia federal district court adopted a magistrate's recommendations and dismissed a complaint by a Native American prisoner claiming verbal abuse and harassment over the practice of his religion, as well as a claim of physical abuse as retaliation for suing.


In Waff v. Reisch, 2010 U.S. Dist. LEXIS 93012 (D SD, Sept. 7, 2010), a South Dakota federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 93101, July 30, 2010), and dismissed an inmate's complaint that his religious rights were infringed when he was temporarily taken off the kosher diet plan for taking non-kosher food from another inmate's tray and buying non-kosher food from the commissary. Any claim for injunctive relief is now moot because the sanction policy has been changed. Claims for damages against the state are barred by the 11th Amendment. And plaintiff failed to show how the requirement that he again fill our the "request for religious diet" form violates his rights.


In Holliman v. Paquin, 2010 U.S. Dist. LEXIS 93747 (WD WI, Sept. 7, 2010), a Wisconsin federal district court required an inmate to separate his religious infringement claims into a separate lawsuit from unrelated retaliation claims.  Plaintiff alleged establishment clause claims relating to religious symbols in the prison and use of a state employee to lead Christian Bible study.  Plaintiff's free exercise claims challenged forcing Muslims to pray in a room with religious symbols and staff walking through Jumu'ah services.

Potential Witnesses In Canadian Polygamy Challenge Seek Anonymity

In Canada last year, British Columbia's Attorney General asked the province's Supreme Court to rule on whether its anti-polygamy law is consistent with Canada's Charter of Rights and Freedom.  The move came after unsuccessful attempts to prosecute two FLDS Church leaders. (See prior posting.) Now, according to the Winnipeg Free Press, a bishop of the FLDS Church has filed a motion with the Supreme Court seeking protection from prosecution for FLDS members in polygamous relationships that testify in the case. Lawyer Robert Wickett who represents the bishop says that testimony by people who have led meaningful lives in a polygamous community is essential to counter affidavits by former FLDS members detailing the harm that flows from polygamy. But the FLDS members want to use pseudonyms and sit behind screens when they testify, or testify by teleconference, to protect them from identification for future prosecution. The government says this would make it more difficult to cross examine the witnesses.

South African Court Bars Bible Burning Counterprotest

Spero News reports that on Friday, a South African judge barred a South African businessman and law student,  Mohammed Vawda, from organizing a Bible burning day to protest the then-planned Quran burning by Rev. Terry Jones in Florida. The South African lawsuit was filed by an Islamic intellectual organization know as The Scholars of Truth. Plaintiffs convinced South Gautneg High Court, Judge Sita Kolbethat the planned Bible burning would be insulting to all religions. Defendant Vawda said that now he had been "enlightened by the judge who said that by burning the Bible, I am also burning the Qur’an because we share the same prophets."

High Schooler Says Nose Stud Is Religious Expression

In Johnston County, North Carolina, Clayton High School freshman Ariana Iacono is in a fight with school officials over the school's dress code. The student, who along with her mother is a member of the Church of Body Modification says her wearing a nose stud is an expression of her religious beliefs. WTVD News reported Friday that that a minister of the church, Richard Ivey, explains: "We believe that the mind body soul are all one entity and that by modifying the body, you can bring the mind and soul into harmony." Student Iacono says the nose stud helps her self esteem after years of abuse. However apparently the school district's lawyer has concluded that the nose stud is not a necessary part of Iacono's religion.