Prisoner Free Exercise Cases Are Plentiful This Week

In Baranowski v. Hart, (5th Cir., May 4, 2007), the U.S. 5th Circuit Court of Appeals upheld the refusal by the Texas Department of Criminal Justice to provide Jewish inmates with kosher diets. Jewish inmates could obtain either pork-free or vegetarian meals. The court also rejected plaintiff’s claim that inmates should be allowed to lead Jewish religious services when a rabbi or approved volunteer was unavailable. The suit alleged violations of the free exercise and equal protection clauses and of RLUIPA. Discussing the RLUIPA claim, the court said that the denial of religious services on an every-week basis did not substantially burden the plaintiff’s free exercise of religion. As to the denial of kosher food, while it did substantially burden plaintiff’s free exercise, it was justified by a compelling governmental interest—controlling costs and preventing resentment among other inmates if the increased cost of kosher food came out of the general food budget.

In Rahman v. Goord, 2007 U.S. Dist. LEXIS 32680 (WD NY, May 3, 2007), a New York federal district court refused to require the New York Department of Corrections to end its practice of holding joint Friday Jumah services for Shiite and Sunni Muslims. The court rejected plaintiff’s claim that the refusal to hold separate Shia services violated his free exercise rights and his rights under RLUIPA. The court however did grant an injunction requiring the prison system to recognize the Shiite holy days of Eid-Ghadir, Muharram, and Ashura, and provide the plaintiff with Halal food on those holidays.

In Perez v. Westchester County Department of Corrections, 2007 U.S. Dist. LEXIS 32638 (SD NY, April 30, 2007), a New York federal district court refused to grant defendants’ motion to dismiss a claim against them by a Muslim prisoners who claimed that Muslim inmates are denied meals that meet Halal standards, and that Halal standards could be met by merely serving Muslim prisoners the same kosher meals that are served to Jewish prisoners. The court said that plaintiffs' equal protection claim may ultimately succeed because they may be able to show disparate treatment among Muslim and Jewish inmates.

In Henderson v. Kennell, 2007 U.S. Dist. LEXIS 34440 (CD IL, May 10, 2007), and Illinois federal district judge dismissed a claim by a prisoner who alleged that his free exercise rights were violated when prison officials refused to permit him to have an Islamic medallion in prison. The court said it is doubtful that the denial imposed a substantial burden on plaintiff’s central religious beliefs and, even if it did, plaintiff failed to exhaust his administrative remedies.

In Smith v. Bruce, 2007 U.S. Dist. LEXIS 34166 (D KA, May 8, 2007), a Kansas federal district court refused to dismiss a prisoner’s his free exercise claim against the warden of the Hutchinson, KA state correctional facility. Plaintiff, who maintained a vegetarian diet for religious reasons, claimed that the warden violated his free exercise rights when the warden deliberately and recklessly ignored the fact that the prison’s food service was serving plaintiff gelatin containing animal by-product.

In Cejas v. Blanas, 2007 U.S. Dist. LEXIS 33963 (ED CA, May 9, 2007), a California federal Magistrate Judge found that a prisoner’s claim that he should have a single cell so he would not be housed with someone who violated the edicts of his religion did not state a viable claim. Plaintiff did not allege that that the housing about which he complained would burden his own practice of his faith.

In Gill v. Hoadley, 2007 U.S. Dist. LEXIS 33122 (ND NY, May 4, 2007), a New York federal district court adopted the recommendations of a Magistrate Judge and dismissed a prisoner’s free exercise claim. The court held that there were valid penalogical concerns that led authorities to deny a number of requests by a Jehovah’s Witness prisoner to attend religious services. The court also accepted the Magistrate’s recommendation that plaintiff’s First Amendment retaliation claims against certain of the defendants should be reinstated.

In Keesh v. Smith, 2007 U.S. Dist. LEXIS 33120 (ND NY, May 3, 2007), prisoners Tyheem Keesh and Jesus Michael Jova were attempting to obtain accommodation to practice "Tulukeesh" "the religion of the creator”, a religion started by Keesh. In an earlier decision, the court held that “plaintiffs are principally motivated not by religious impulses but rather by the desire to achieve a more congenial lifestyle during their incarceration.” The court denied plaintiffs’ renewed motion for a preliminary injunction, saying that it had already considered everything now raised by plaintiffs when it denied their motion. UPDATE: The court denied plaintiffs' motion for reconsideration at 2007 U.S. Dist. LEXIS 38368 (ND NY, May 25, 2007).

Jury Awards Damages To Congregant Injured During Prayer

According to the Lansing (MI) State Journal, on Thursday a jury rendered its verdict in the suit by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. No ushers were there to catch her. (See prior posting.) The jury awarded Judith Dadd $314,000. In addition to the injuries from the fall itself, the jury found that Mt. Hope Church pastor David Russell Williams had defamed Dadd by accusing her of possible insurance fraud and claiming that she had renounced her faith after she filed her lawsuit. Dadd had originally asked for damages of $1.65 million. Defendants, nevertheless, are considering filing an appeal. [Thanks to Brian D. Wassom for the lead.]

Terrorist Suspect Asks Judge For Quran

One of the six men arrested this week on terrorism charges for plotting to kill soldiers at Fort Dix (NJ) was Eljvir Duka. He was one of three brothers-- ethnic Albanians-- charged in the plot. (Background from NYT.) Yesterday, Duka’s lawyer appeared before a federal magistrate judge in Camden, NJ to request a copy of the Quran for his client. The Newark Star-Ledger reports Magistrate Judge Joel Schneider ruled that first a request should be made to prison officials. Only if they refuse should the lawyer bring the case back to the court.

Student-Led High School Graduation Prayers Challenged

In Ouachita Parish, Louisiana, the school board voted earlier this month to allow students at each of the parish's six high schools to decide whether or not they want to include a prayer in their graduation ceremonies this year. The Ouachita Parish High School class voted unanimously to include prayer, according to its principal Todd Guice. Guice says he offered any student who objected an opportunity to discuss the issue privately with him, but none did. This week, the Louisiana branch of the ACLU faxed a letter to the the high school and the school board alleging that the new policy is unconstitutional. The Leesville Daily Leader today reports on Superintendent Bob Webber’s response: "We are simply allowing the students to continue the tradition of prayer at graduation. We're going to allow it with little or no influence by the adults concerned."

Parishioners Sue Over Consolidation of Mississippi Catholic Parishes

The Gulfport, MS Sun Herald today reports that 156 members of Holy Family Parish, formerly St. Paul Parish in Pass Christian, Mississippi, have filed a lawsuit against Bishop Thomas J. Rodi, the Diocese of Biloxi and Holy Family pastor the Rev. Dennis Carver. The suit by parishioners who object to the Diocese's decision to consolidate two parishes into one, seeks to require the diocese to rebuild St. Paul's church that was destroyed by Hurricane Katrina on its prior beachfront location. The suit also asks for an accounting of the funds that were contributed to St. Paul’s Parish after Katrina.

Bishop Rodi published a statement on Friday in response to the lawsuit, saying that the lawsuit "is an attempt to have the courts order the Catholic Church to have a church building at a specific place. If this lawsuit would be successful, it would mean, in effect, that the courts would tell the Catholic Church where God must be worshipped, where Mass and the other sacraments must be celebrated, and how the Catholic Church must use the financial resources of Holy Family Parish. This lawsuit attacks both the unity and liberty of the Church."

Kenya Judge Rejects Push By Christian Sect To Wear Headscarfs In School

According to today's Kenya Times, a judge in the High Court in Kenya has rejected the claim of students from a Christian sect known as the Arata A. Roho Mutheru Society that they were unconstitutionally expelled from school for wearing headscarves. (See prior posting.) Justice Joseph Nyamu held that the students had not produced proof they were expelled, that they did not show that wearing a headscarf was in fact required by their religion, and that at any rate the requirement in the Education Act that school students wear uniforms does not clash with the Constitutional principle of equality.

New Head of Army Chaplain Corps Designated

ChurchExecutive.com reported yesterday that Chaplain Brigadier General Douglas Carver has been promoted to the rank of Major General for assignment as the U.S. Army’s Chief of Chaplains. If, as expected, his promotion is approved by the Senate Armed Services Committee, Carver will be the first Southern Baptist since 1954 to head the Army’s Chaplain Corps. He currently serves as Deputy Chief of Chaplains. Carver ‘s official promotion will come at a "Change of Stole" ceremony scheduled for July 12 at Fort Belvoir.

NH Supreme Court: No Tax Exemption For Church Used As Warehouse

In Appeal of City of Nashua, (NH Sup. Ct., May 11, 2007), the New Hampshire Supreme Court yesterday gave a narrow reading to the state statute that grants a property tax exemption for "buildings … owned, used and occupied directly for … religious purposes by any regularly recognized and constituted denomination…." It held that a tax exemption was not available for two Catholic church buildings that had been deconsecrated and which were being used to store items of religious significance such as altars, stained glass windows, a cross, organs, statues and pews. The court said that the mere storage of religious objects in a deconsecrated church, on a temporary basis, is not use of the building for "religious purposes." Yesterday’s Boston Globe reported on the decision.

Romney's Religious Beliefs Attract Increasing Attention

The religious views of Republican presidential hopeful Mitt Romney have attracted increased attention by the media. If nominated, he would be the first Mormon presidential candidate of a major political party. Less than two weeks ago, PBS produced a 4-hour series on The Mormons. Shown on Frontline, it is currently still available for viewing online (with related background material). That no doubt piqued public interest in Romney's views.

This week, Time Magazine has Romney on the cover, and carries two articles about his religious views and their likely impact in the election: What Romney Believes and Romney's Mormon Question. Then the New York Times today ran an article titled: Romney Elaborates on Evolution, following up on the candidate's position staked out in last week's Republican debates. It quotes Romney's interesting formulation: "I'm not exactly sure what is meant by intelligent design. But I believe God is intelligent and I believe he designed the creation. And I believe he used the process of evolution to create the human body." [Thanks to Melissa Rogers and Blog from the Capital for leads.]

NJ School Board Settles Complaint About Teacher's In-Class Proselytizing

Today's New York Times reports that the Kearny, New Jersey, Board of Education voted 6-1 Tuesday night to approve a settlement with the parents of high schooler Matthew LaClair. The LeClairs had filed a lawsuit complaining about in-class proselytizing by Matthew's history teacher, David Paszkiewicz. (See prior postings 1, 2.) Matthew had recorded his teacher, who is also a Baptist minister, saying that students who do not accept Jesus belong in Hell, that the "Big Bang" theory is unscientific and that dinosaurs were on Noah's Ark. In the settlement, the school agreed to have the Anti-Defamation League train students and teachers about separation of church and state (including issues regarding the teaching of creationism). Also under the settlement agreement, the Board will issue a statement praising Matthew for his "courage and integrity," and the LaClairs will issue a statement commending the Board of Education. Additional postings about the settlement are at Melissa Rogers and Blog from the Capital.

Native Americans Say TN Bill Protecting Team Names Infringes Religious Rights

Yesterday, the Tennessee Senate passed HB 133 that prohibits agencies like the Tennessee Secondary School Athletic Association from interfering with the right of any public or private school "to continue to honor American Indians and the heritage of such institution through the use of American Indian symbols, names, and mascots." The House has already passed the bill.

The Kingsport Times-News yesterday reported that Tennessee Commission of Indian Affairs opposed the bill. Last January the TCIA told the state's Human Rights Commission that: "The use of (eagle) feathers, sacred pipes (miscalled peace pipes), sacred drums, the dances, the Indian songs, even painted faces are all part of sacred ceremonies used by Native American Indians and misused by non-Indians as 'rituals' at sports games where they also misuse our tribal names with the addition of horrendous caricatures." TCIA Chair Evangeline W. Lynch made the same point in testimony before the Tennessee Senate State and Local Government Committee last month saying that the misuse of these symbols are an attack upon Native American religions.

In Wales, Hindus Protest Plans To Slaughter Diseased Bull

In Wales, government agricultural officials say that a Friesian bull named Shambo tests positive for tuberculosis and needs to be slaughtered. However Shambo is part of a herd of 35 cows and bullocks kept on the grounds of a Hindu temple near near Carmarthen, west Wales. Killing cows and bulls violates Hindu religious principles. Today's London Telegraph reports that Shambo has now been placed in a shrine inside the Skanda Vale Temple, but local farmers say that does not guarantee against the spread of TB. They want the slaughter to proceed. 3500 people have signed an online petition against slaughtering the animal; monks are planning to file a lawsuit; and Hindu leaders are threatening to form a human shield to prevent the animal from being slaughtered. Britain's Hindu Council has gotten involved, and a member of Parliament, Andrew Dismore, the Labour MP for Hendon, has introduced a resolution calling for the Environmental Secretary to stop the planned culling.

Hopi Religious Accommodation Claim Held to Be Moot

This week, an Arizona federal Magistrate Judge dismissed as moot an interesting religious accommodation claim by members of the Hopi Indian Tribe. Joshevama v. Office of Surface Mining, 2007 U.S. Dist. LEXIS 34097 (D AZ, May 8, 2007), is apparently part of a larger conflict between traditional Hopis and the Hopi tribal government over proposals to operate and develop the Black Mesa coal mine. In the case, a group of traditional Hopis claimed that the federal government violated the Religious Freedom Restoration Act by setting the public comment period on a draft environmental impact statement for the Black Mesa Project to coincide with their winter religious ceremonial calendar. From November through February, traditional Hopis are prohibited from engaging in government or significant non-religious pursuits. However the court found that the Office of Surface Mining had subsequently extended the comment period through May 11.

Archbishop of Cantebury Praises Tony Blair

Christian Today reports that as Britain's Prime Minister Tony Blair announced that he would leave office next month, the Archbishop of Canterbury, Dr Rowan Williams, issued a statement praising Blair's dedication to religious freedom. He said in part:

Tony Blair has understood as well as any Prime Minister in recent times why religion matters, how faith communities contribute to the common good and why religious extremism should have no place in a progressive society. As a man of genuine personal faith, he has not shied away from the risk associated with confronting extremism, while respecting difference.... There have naturally been differences of vision and judgement between the Prime Minister and the Church of England, not least over the Iraq war, but he has been consistently willing to allow these disagreements to be voiced and discussed openly.

Sheriff Defends Faith-Based Post-Release Program

In Fall River, Massachusetts, Sheriff Thomas Hodgson yesterday called a press conference to counter complaints by Americans United for Separation of Church and State over a Christian drug and alcohol rehabilitation program for men who have recently been release from prison. South Coast Today reported that a defiant sheriff defended the well-established Teen Challenge program run in a state-owned house by a Pentecostal pastor. All eleven men in the program have completed their prison sentences and have volunteered for the 15 month residential program involving counseling, fundraising and prayer. He says the program has a much better record at preventing recidivism than secular programs do.

Sheriff Hodgson released a letter saying: "the argument that somehow we should not allow a recovery program to operate in a transition home purchased by the Sheriff's Department would mean that we must suspend all religious activity and spiritual access within our prison walls." He went on: "You may be further upset to know that we also have conducted over 20 religious retreats at our Dartmouth facility, increased our work activities on churches, and encouraged Bible study among our population. These activities are based on voluntary participation and will continue in spite of your objections."

Minister Sues To Prevent Mosque Construction: Claims National Security

Black American Web yesterday reported on a lawsuit filed in Florida by Rev. O'Neal Dozier, pastor of the World Wide Christian Center, who is trying to prevent the construction of a mosque in a black neighborhood in Pompano Beach. The city last year approved a zoning change to allow the new building for the growing Muslim congregation to be built near two black Christian churches. However, Dozier claims that the new mosque would pose a homeland security issue. The lawsuit alleges loose connections between the mosque's imam, Hassan Sabri, and various terrorist groups. Dozier objects to moving the mosque from its current location in a "white" beach community to a black community near one of the largest prisons in Broward County. He says this increases the risk that radicals will find new recruits to indoctrinate.

English Ecclesiastical Court Debating Ethics Of Internet-Ready Mobile Phones

Life Style Extra yesterday carried a fascinating report about a case that is currently being argued on appeal in the little-known Court of Arches, the Church of England's highest appellate court. At issue is whether Anglican churches can rent out space on their steeples to mobile phone companies for use as cell phone transmission towers. At least 37 chruches around Britain have done so, finding this to be an excellent source of income. Indeed the Archbishop's Council has even entered a National Agreement with QS4 appointing it as the approved installer of transmitting and receiving equipment on church towers, and creating a standard installation agreement tailored to the needs of churches. However, recently George Pulman, QC, the chancellor of the Chelmsford Consistory Court, ruled that the parish of St. Peter and St. Paul in Chingford, Essex could not enter an agreement with QS4 because T-Mobile's new Internet capable mobile phones allow users to view sexually explicit websites. Pulman held that the church should not be making money from "revolting and damaging pornography".

Pope Criticizes Mexican Legislators Over Abortion Vote

Pope Benedict XVI, speaking to reporters yesterday on his way to Brazil, attracted attention when he said he agreed that Catholic legislators who voted to legalize abortion in Mexico City should rightfully be considered excommunicated. (See prior posting.) Later a spokesman backed away from the Pope's statement, saying that the Pope might have incorrectly inferred from the question that Mexican bishops had formally excommunicated the legislators. In a statement approved by the Pope, Rev. Federico Lombardi said: "Since excommunication hasn't been declared by the Mexican bishops, the Pope has no intention himself of declaring it." But he added that these legislators should not receive the sacrament of Holy Communion: "Legislative action in favor of abortion is incompatible with participation in the Eucharist. ... Politicians exclude themselves from Communion." The story and other aspects of the Pope's trip are covered by the Associated Press and the Los Angeles Times.

Activist Charges Iowa VA Hospital Proselytized Jewish Patient

In Iowa City, Iowa today, Mikey Weinstein, founder of the Military Religious Freedom Foundation, will hold a press conference to focus on alleged religious discrimination and Christian proselytizing at the Iowa City Veterans Hospital & Clinics (press release). Weinstein says that Orthodox Jewish veteran David Miller has been subjected to evangelization and anti-Semitism at the hospital. He was denied kosher food and was visited by a chaplain who tried to convince Miller that he needed Jesus while Miller was suffering acute chest pains wired to a heart monitor.

Court Agrees With Executed Man's Religious Objection To Autopsy

Tennessee State Medical Examiner Bruce Levy thinks that autopsies should be performed on the body of any prisoner who has been executed. However, this week, a Tennessee federal judge upheld the request by Philip Workman that for religious reasons there be no autopsy on him. Workman was executed yesterday using a new lethal injection process. A hearing will be held Monday to decide whether state officials can obtain samples of blood and other bodily fluids from Workman's body. The story is reported by today's Tennessean. Convicted of killing a policeman, Workman also made the news when, just before his execution, he used his last-meal request to ask that a vegetarian pizza be delivered to a homeless shelter. The Tennessean reports that when authorities refused, people from across the country sent pizza to Nashville's Union Rescue Mission.

NY Corrections Department Settles Suit, Agreeing That Officer Can Wear Kufi

Yesterday, the New York Civil Liberties union announced that a settlement has been reached in a suit that it filed last year against the New York Department of Correctional Services (DOCS) on behalf of Abdus Samad Haqq, a Muslim corrections officer who had been prohibited from wearing a kufi (skullcap) at work. In March 2007, the U.S. Department of Justice filed a companion suit alleging that DOCS should have accommodated Haqq's religious needs. In the settlement that has been filed with the federal district court (full text), DOCS agrees that Haqq "shall be permitted to wear a solid-colored, dark blue or black, close-fitting kufi at all times while on duty at Lincoln Correctional Facility or any other DOCS work-release facility." Reuters yesterday reported on the settlement.

Church Sanctuary Movement Is Beginning To Protect Immigrants

Religious leaders around the country, pressing for immigration law reform, are cautiously moving toward creating a sanctuary movement. The AP reports that in Los Angeles yesterday, churches gave sanctuary to two men from Mexico and Guatemala as 30 priests, pastors, imams and rabbis blessed them. Meanwhile, in New York a gathering of clergy at Manhattan's Roman Catholic Church of St. Paul the Apostle also focused on the issue. Participants said that their support for families who are facing unjust deportation orders might include physical sanctuary at some point. (AP)

Town Will Change Limits On Church Signs; Agrees To Injunction

A stipulated preliminary injunction has been issued in an Arizona church's challenge to a town's signage ordinance. Reed v. Town of Gilbert, Arizona, (D AZ, May 9 2007). (See prior posting.) The Alliance Defense Fund said yesterday that town officials have decided to change the ordinance that required signs about religious gatherings to be smaller in size, fewer in number, and displayed for less time than similar non-religious signs. The injunction issued by an Arizona federal court will permit Good News Presbyterian Church to advertise its church services pending a final disposition of the case.

Paraguayan Bishop May Be Kept Off Ballot Under Country's Constitution

In Paraguay, popular opposition candidate Fernanco Lugo who resigned as a Catholic Bishop in order to run for President may still be kept off the ballot by electoral officials. The Associated Press reported on Monday that Paraguay's current president, Nicanor Duarte, says that Paraguay's constitution bars clergy from holding the office of President, and that Lugo is still a bishop The president of the Paraguayan Bishops Conference agrees that Lugo cannot give up his Church position. In February, after Lugo announced his candidacy, the Vatican suspended him from exercising his ministry in accordance with provisions of Canon Law. (See prior posting.) He may now risk excommunication.

Decision For NYSE Former Chairman Has Implications For Religious Non-Profits

A decision handed down yesterday by a New York state appellate court dismissing four of six claims against former New York Stock Exchange Chairman Richard Grasso has implications for religiously affiliated non-profit corporations in New York. In People of the State of New York v. Grasso, (App. Div. 1st Dept., May 8, 2007), the court in a 3-2 decision held that the Attorney General of New York lacks authority to bring claims not specifically authorized by the state's Not-For-Profit Corporation Law, at least where the claims circumvent substantive standards for liability set out in causes of action created by the statute. The Attorney General was attempting to recover for NYSE (at the time, a non-profit corporation) allegedly excessive compensation paid to Grasso. Newsday reports on the decision.

RI Bill Would Ban Altering Holiday Concepts and Symbols

Yesterday, the Rhode Island House Committee on Health, Education and Welfare held hearings on a bill that would prohibit municipalities from altering "the name or concept of any religious or secular holiday or any religious or secular symbol associated with any such holiday." The Providence Journal reports that the bill was proposed by Rep. Richard W. Singleton after a Tiverton , RI school superintendent prohibited a parents group from sponsoring a photo booth featuring the Easter Bunny at a middle school craft fair. Instead they used a costumed Peter Rabbit. Opposing the bill, Mia Manzotti, associate director of the Rhode Island League of Cities and Towns said that the language is vague and overly broad and would cause confusion.

Gonzales Speaks On DOJ's Enforcement of Religious Liberty Protections

Yesterday, U.S. Attorney General Alberto Gonzales spoke at the Detroit Economic Club on DOJ's "Successful Record on Enforcing Our Nation's Civil Rights Laws" (full text). His talk covered a wide range of civil rights issues, including religious liberty. Here is some of what he had to say on that topic:

The Department of Justice has aggressively enforced the laws against religious discrimination in everything from education, to employment, to fair housing. For example, after years without any investigations involving religious discrimination in education, the Department has opened 40 investigations....

In one case we stood in defense of Nashala Hearn, a Muslim girl in the sixth grade in Muskogee, Oklahoma, whose school told her that she could not wear a headscarf required by her faith.... I'm especially proud of these cases, because no child should have to choose between the right to practice her religion and the right to an education.

As part of our ongoing efforts to strengthen and preserve religious liberty..., in February I unveiled ... the First Freedom Project.... We also have worked actively to protect those who have been endangered because of their religion or ethnicity.... In one case a man... built two incendiary devices... and attacked the Islamic Center of El Paso, Texas....

And we saw subtler forms of bigotry, imposed not through fire, but through law, as communities used zoning rules to restrict religious freedom. When the Muslim Community Center in Morton Grove, Illinois, wanted to expand its facilities... they encountered exactly this type of backlash. The Department mediated a resolution.... We aggressively pursue hate crimes and discrimination cases like these because they strike not just at individuals but at whole communities.

Hearing Held In Challenge To NC Ban On Use Of Quran To Swear In Witnesses

Yesterday, a state trial court in Wake County, North Carolina heard arguments in the case of American Civil Liberties Union of North Carolina, Inc. v. State of North Carolina (full text of complaint), after the case was remanded by a state Court of Appeals that found it presented an actual case or controversy. The lawsuit seeks a declaratory judgment that the North Carolina statute on administering oaths should be interpreted to allow a witness to use not just the Christian Bible, but holy books from other traditions as well. The complaint also asks that if the court does not agree with that interpretation, that it declare the statute unconstitutional. Yesterday's Winston-Salem Journal reports that the suit, filed in July 2005, stems from a case in which a Muslim woman was not allowed to use the Quran in being sworn as a witness. The state argued that the ACLU's complaint should be dismissed as being a political question.

Islamic Militants Confiscate Music Tapes In Pakistan Tribal Province

In Pakistan's tribal region of North Waziristan, armed Islamic militants began last Sunday to confiscate music cassettes from public buses and are ordering shops selling cassettes and CDs to only sell "jihadi" recordings, i.e. ones featuring sermons, or featuring songs (without musical accompaniment) that praise holy war and jihadists. Reporting on this yesterday, the Associated Press said that the campaign is similar to that of the former Taliban regime that banned music, movies, TV and other forms of entertainment in its attempt to strictly enforce Islamic law.

Preacher Challenges Permit Requirement and Noise Limits Imposed By Alabama City

Last week a federal lawsuit was filed on behalf of Christian evangelist, Rev. Wesley Sewell, against the city of Jacksonville, Alabama, challenging its ordinance that severely limits the use of loudspeakers and its requirement to obtain a permit before preaching on public sidewalks. (ADF Press Release.) The complaint (full text) says that the city's prohibition on sound devices that can be heard more than 10 feet away and the city's permit requirement that has no written guidelines, violate Sewell's free speech, due process, equal protection and free exercise rights under the U.S. Constitution, as well as his rights under the Alabama Constitution's Religious Freedom Amendment.

Wall Street Journal Profiles Alliance of Russian Rabbi and Putin

Today's Wall Street Journal carries a front page article [subscription required] on Russia's powerful Chabad-Lubavitch Rabbi Berel Lazar and his close ties to Russian President Vladimir Putin. The article says that Lazar's organization, the Federation of Jewish Communities of Russia, was promoted by Putin in 2000 as part of his battle against oligarch and media mogul Vladimir Gusinsky who had led a competing organization, the Jewish Congress. Critics say that in exchange for Putin's support-- including support in gaining control of millions of dollars of Jewish communal property from the state-- Lazar has played down anti-Semitism in Russia and lobbied for Mr. Putin abroad. [Thanks to Steven H. Sholk for the lead.]

Christian Group Supports Comprehensive Immigration Reform

Today's New York Times reports on activities of a new coalition of over 100 largely evangelical Christian leaders who are pressing for comprehensive immigration reform. Christians for Comprehensive Immigration Reform pushes generally for bills that combine increased border security with guest worker and legalization programs. The group plans to initially focus on media and church members in Arizona, Florida, Kansas, Ohio and Pennsylvania. A press release by Faith in Public Life says that the group "will will place ads nationally and locally in newspapers and mobilize at least 200,000 letters, tens of thousands of calls, and hundreds of lobby visits to Members of Congress by the August recess."

9th Circuit Rejects Religious Challenge To Social Security

Yesterday in Hansen v. Department of Treasury, (9th Cir., May 7, 2007), the U.S. 9th Circuit Court of Appeals avoided deciding a Constitutional challenge to 26 USC 1402(g), the Internal Revenue Code provision that grants an exemption from Social Security taxes only to members of "a recognized religious sect ... [with] established tenets or teachings... by reason of which [the taxpayer] is conscientiously opposed to acceptance of the benefits of any private or public insurance...."

Jonathan Hansen, a Mormon, said he interpreted the teachings of his church as being opposed to participation in the Social Security system. The court held that the Anti-Injunction Act precludes it from deciding Hansen's claim that he is eligible for the exemption or else that the portion of the statute that renders him ineligible is unconstitutional. It ordered these claims dismissed. The court went on to dismiss Hansen's claims challenging the requirement to have a social security number and his claim that various Treasury regulations unconstitutionally discriminate against him. The court said that Hansen's complaint failed to specify which regulations and statutes are being challenged. Reuters yesterday reported on the decision and Hansen's reaction to it. [Thanks to How Appealing for the lead.]

In St. Louis: Voter Education or Church-State Breach?

In an innovative attempt to educate the public on use of new touch-screen voting technology, the St. Louis Election Board has raised an interesting church-state issue. According to today's St. Louis Post Dispatch, the Board has loaned the new machines to two different churches for use in their congregational votes on new pastors. Election board workers volunteered their time in at least one of the cases. Then election-board chairman Ed Martin says that this is part of an outreach program, especially to ethnic communities. However, Barry Lynn, executive director of Americans United for Separation of Church and State says: "Internal church business is absolutely, positively no business of the St. Louis Board of Elections."

Florida Episcopal Diocese Prevails Against Breakaway Church

In Episcopal Church in the Diocese of Florida, Inc. v. Lebhar, (FL 4th Cir., April 27, 2007), a Florida state circuit court upheld the claim of the Episcopal Diocese of Florida to the Jacksonville property on which the break away Church of the Redeemer is located. The court held that in an hierarchical church, a civil court is required to respect the determination by the Bishop of the Episcopal Diocese that the defendants-- the Rector, Wardens and Vestry of the church-- had abandoned the Episcopal Church when they announced that the Church would affiliate with the Anglican Church of Uganda. Yesterday's Episcopal News Service reported on the decision. The court, however, refused to grant summary judgment on the Diocese's request for attorneys' fees, deciding that questions of fact remained to be determined. The court said that this aspect of the case poses the interesting question of whether awarding attorneys' fees in a dispute within an hierarchical church would impermissibly entangle the court in the internal decisions of the church.

Baltimore May Require Religious Accommodation By Condo Boards

Last month, Baltimore City Council member Rochelle "Rikki" Spector proposed legislation to prohibit rules in multifamily dwellings that "deny reasonable accommodation" to practice one's religion. Today's Baltimore Sun reports that in one Baltimore condominium, residents are battling over whether the building will accommodate Orthodox Jews by having a "Sabbath elevator". In February, the condo board voted 5-3 to strike from the contract to renovate the building's two elevators a clause that would have programmed one of them to stop automatically on every floor on Saturdays. Orthodox Jews are able to use elevators that are pre-programmed in this way on their Sabbath without violating Jewish religious law. Spector's bill had used Sabbath elevators as a specific example of accommodation, but after meeting with the Strathmore Tower condominium board, she said she would remove the example from the proposed law. Another condominium in Baltimore has struggled over whether to permit Orthodox Jews to use a security door on Saturdays to shorten their walk to synagogue. In the 2005, the Imperial Condominium board voted for security reasons to deny access to the security door, changing a 20 foot walk into one of several blocks.

ACLU Says Government Funded Abstinence Program Is Religiously Based

The ACLU has charged in a letter to the Secretary of Health and Human Services last week that federal grants for abstinence-only-until-marriage programs are being used unconstitutionally to fund the Stop and Think program in Oregon, South Dakota and Wyoming. The ACLU charges that contracts entered by federally funded social service agencies require that Stop and Think presenters be Christians, suggesting that religion is an essential part of the Stop and Think program. (ACLU Press Release). The Oregon ACLU has written the Oregon Department of Human Services which acts as a conduit for some of the federal funds involved, also asking it to investigate. A posting on Saturday on Talk To Action has a longer discussion of the issue. Stop and Think's website makes no mention of religion in discussing its program. [Thanks to Blog From the Capital for the lead.]

NYC Resolution Would Mark 350th Anniversary of Flushing Remonstrance

Historians say that the first formal exercise of religious freedom in the American colonies was the Flushing Remonstrance of December 27, 1657. Its 31 signers demanded that then-Governor of New Amsterdam, Peter Stuyvesant, allow the free exercise of religion and protested his ban on practicing any religion other than that of Dutch Reform Church-- particularly his prohibition on receiving Quakers. Four of the signers of the Remonstrance were arrested. New York plans to commemorate the 350th anniversary of the document in December in a ceremony that includes descendants of the original signers. According to the Gotham Gazette, New York City Council member Helen Sears this week proposed Resolution 825 to formally commemorate the signing of the document.

Mexico City Archbishop Sued Over Opposition To Abortion Law

Today's California Catholic Daily says that in Mexico, the Social-Democrat Alternative Party has filed a lawsuit against Cardinal Norberto Rivera, Archbishop of Mexico City. It alleges that he violated prohibitions on political activity by clergy through his outspoken opposition to the recent legislation in Mexico City legalizing abortion. (See prior posting.) The suit claims that the Cardinal violated Article 130 of the Mexican Constitution which provides: "Ministers may not associate among themselves for political ends, or preach in favor of or against any political candidate, party, or association. Neither may they oppose the laws of the country or its institutions ... in public meetings, acts of the sect, or religious literature."

Recent Articles of Interest

From SSRN:
Richard W. Garnett, Church, State, and the Practice of Love, (Villanova Law Review, Vol. 52, p. 281).

The Winter 2007 issue of the Journal of Church and State (Vol. 49, No. 1) has recently been published.

Scott C. Idleman, Religion and Government-- An Ongoing Experiment, Marquette Lawyer, Spring/Summer 2007, pg. 12.

From SmartCILP:
Nusrat Choudhury, From the Stasi Commission to the European Court of Human Rights: L'affaire du Foulard and the Challenge of Protecting the Rights of Muslim Girls, 16 Columbia Journal of Gender & Law 199-396 (2007).

Bruce J. Dierenfield, The Most Hated Woman in America: Madalyn Murray and the Crusade Against School Prayer, 32 Journal of Supreme Court History 62-84 (2007).

Kenneth L. Marcus, The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination in Education, 7 Nevada Law Journal 171-181 (2006).

Prakash Shah, Thinking Beyond Religion: Legal Pluralism in Britain's South Asian Diaspora, 8 Australian Journal of Asian Law 237-260 (2006).

Israel's AG Moves To Revoke Contested Appointments of Religious Court Judges

As previously reported, in March a petition was filed with Israel's High Court of Justice challenging the appointment of 15 judges-- mostly ultra-Orthodox-- to the country's rabbinic courts. While the petition focused primarily on technical issues, the true dispute is over whether judges will reflect a spectrum of views on Jewish law. According to yesterday's Haaretz, as the date for responding to the petitions in the High Court approaches, Attorney General Menachem Mazuz has directed Justice Minister Daniel Friedman to cancel the appointments. Apparently the Justice Ministry will tell the High Court that the procedural issues raised in the petitions can be dealt with, but that this might take longer than merely reopening discussions by the Rabbinic Judges Appointments Committee. Today's Jerusalem Post reports that the legal issue presented is the fact that certificates granting 14 of the 15 elected rabbis the right to serve as religious court judges had expired before the election took place. They need to be renewed every two years, and now have been, so that a new election could take place quickly.

Rabbinic Court judges are supposed to be experts in religious law, but also have "a general or legal education" and "knowledge of languages." Also preference is to be given to candidates "who are involved in Israeli society and who have served in the army or been involved in public affairs." The modern Orthodox rabbis' group, Tzohar, is concerned that these criteria are being ignored.

Suit On Church Rental of State Building Space Settled

The Alliance Defense Fund has announced that last Thursday it voluntarily dismissed a suit it had filed against New York state officials challenging a policy that prevented the renting of a conference room in a Watertown, NY state office building to the Relevant Church for Easter services. (See prior postings, 1, 2.) State officials have now adopted a policy that permits renting space in the Dulles State Office Building for religious activities or services on the same terms as it is rented to private groups for other educational, cultural and civic activities. The dismissal in Relevant Church v. Egan was "without prejudice" so that the suit can be re-filed if officials do not carry out the new policy.

Britain's Lord Chancellor Says Veil Can Be Banned By Schools

Britain's Lord Chancellor, Lord Falconer, yesterday in a speech to a convention of head teachers said that the Muslim full-face niqab, as well as the full-length jilbab gown, can be banned from British classrooms. Today's London Daily Express reports on Falconer's confirmation that school uniform policies can ban students from wearing these items. Pointing to a decision last year by the British House of Lords, he said that "common sense and human rights are entirely in line with each other".

Recent and Upcoming Books on Law and Religion

Philip Jenkins, God's Continent: Christianity, Islam, and Europe's Religious Crisis, (Oxford Univ. Press, May 2007).

Malcolm B. Yarnell III, First Freedom: The Baptist Perspective on Religious Liberty, (B&H Publishing, May 2007) (Press release).

Bruce J. Dierenfield, The Battle Over School Prayer: How Engel v. Vitale Changed America, (Univ. Press of Kansas, April 2007).

Stephen Mansfield, Ten Tortured Words: How the Founding Fathers Tried to Protect Religion in America . . . and What's Happened Since, (Thomas Nelson, June 2007).

Matthew Chapman, 40 Days and 40 Nights: Darwin, Intelligent Design, God, OxyContin, and Other Oddities on Trial in Pennsylvania, (HarperCollins, April 2007).

NC Supreme Court Dismisses Challenge To Use of Church Funds

In Harris v. Matthews, (NC Sup. Ct., May 4, 2007), the North Carolina Supreme Court dismissed on First Amendment grounds a claim by a faction of the church that its pastor and certain church officials breached their fiduciary duties by improperly using church funds. The majority held:

Determining whether actions, including expenditures, by a church's pastor, secretary, and chairman of the Board of Trustees were proper requires an examination of the church's view of the role of the pastor, staff, and church leaders, their authority and compensation, and church management. Because a church's religious doctrine and practice affect its understanding of each of these concepts, seeking a court's review of the matters presented here is no different than asking a court to determine whether a particular church's grounds for membership are spiritually or doctrinally correct or whether a church's charitable pursuits accord with the congregation's beliefs. None of these issues can be addressed using neutral principles of law.

Justice Brady wrote a concurring opinion, taking a restrictive view of the reach of the Establishment Clause. He wrote:

The "wall of separation" metaphor should only be used, if at all, in cases such as the one sub judice. In other words, the gate to the "wall of separation" only swings one way, locking the government out of ecclesiastical matters.

Justices Hudson and Timmons-Goodson dissented arguing that it was improper to grant an interlocutory appeal in the case and that the case merely presents a property dispute that can be resolved by civil courts using neutral principles of law.

Turkey's Gul Pulls Out of Race As Country Debates Secularist Tradition

In Turkey this morning, Foreign Minister Abdullah Gul withdrew his candidacy for the presidency as Parliament once again failed to muster the quorum necessary to proceed with a vote. Members of Parliament from Turkey's secularist party again boycotted the session. (AP). These developments occurred as tens of thousands of Turks demonstrated in Manisa in support of Turkey's secularist tradition and against the perceived increase of Islamic influence that would follow from Gul's election. (New York Times.) Gul's AK Party has Islamic roots, but claims that it is modern and has moved beyond its Islamic roots. (CNN).

Meanwhile this morning two papers in Britain have interesting analyses of the tensions in Turkey. The Guardian says:

The conflict has been as much about political power and class as it has been about Islam. The simple version paints out inconvenient facts: Erdogan's avowed support for secularism, an AKP whose leadership rejects the label of Islamist, and a programme dedicated to gaining EU membership and attracting foreign investment.

But underpinning this confrontation is something more mundane. It is the fear of the wealthy, highly educated and westernised elite that has traditionally run Turkey - and who are secular - of being pushed aside by a newly-powerful group made up of the urban poor and the lower-middle classes, a group that is conservative and religiously observant.

Today's London Times reports that the complex dispute has become symbolized by controversy over whether Turkish women should wear the the Islamic headscarf. Gul's wife does.

Impacting all of this is a vote in Parliament last Thursday giving initial support to an AKP proposal for direct popular election of the President, instead of the President being elected by Parliament. (Sunday's Zaman). (See prior related posting.)

UPDATE: Monday's Turkish Daily News also has an analysis of the situation, saying that it is more a political battle than a religious one. And a Newsweek columnist reports on his interview with Abdullah Gul who denies that the AKP has an Islamist agenda.

California County Wants To Issue Permits For Religious Use of Roadkill

California's Calaveras County Fish and Game Commission has formally requested the state Department of Fish and Game for permission to issue permits to practitioners of Native American religions so they can salvage dead birds and animals for religious purposes. Today's Stockton (CA) Record says that the issue was raised when former prison chaplain, Fred Velasquez, was cited by a game warden for picking up a dead red-tail hawk near a California highway. Velasquez uses bones and feathers from dead animals to make the regalia used in ceremonies of the Roundhouse tradition.

Author Says LDS Church Historically Suports Church-State Separation

Yesterday's Salt Lake Tribune carries an article by author Gary Bergera chronicling a long history of formal pronouncements of the Church of Jesus Christ of Latter-Day Saints in support of separation of church and state. This article comes as the media focus more and more on the views of Mitt Romney, the Mormon former governor of Massachusetts who is seeking the Republican nomination for the Presidency in 2008. Yesterday Romney gave the commencement address Regent University, founded by televangelist Pat Robertson. He did not discuss his religious beliefs in his address. (Washington Post).

Court Official Says Bailiff Wrong In Asking Witness To Remove Kippah

A Jackson County, Illinois court bailiff acted inappropriately last month when he asked Benjamin Sloan, an Orthodox Jew, appearing as a witness in a civil case, to remove his kippah (skullcap) in the courtroom. That is the conclusion of the court's Director of Operations Linda Austin, who said: "Any individuals with religious garb, be it a Muslim scarf or a skullcap, should never be asked to remove them before entering the courthouse or a courtroom." The Southern today reports that Sloan, saying he is only a little miffed, attributed the incident to cultural insensitivity on the part of courthouse security officers.

Azeri Journalists Sentenced to Prison For Exciting Religious Hostility

The Associated Press and Radio Free Europe report that a district court in Baku, Azerbaijan on Friday sentenced two journalists from the newspaper Senet to 3 and 4 years in prison respectively for publishing an article criticizing Islam and the Prophet Muhammad. Reporter Rafiq Tagi and his editor, reported variously to be either Samir Huseinov or Samir Sadagatoglu, were convicted on charges of exciting religious hostility in violation of Article 283.1 of Azerbaijan's Criminal Code. The article, published last November, said Islam had suffocated people, made them less free and hindered humanity's development. (See prior related posting.)

Yemini Official Threatens To Replace Mosque Leaders Who Push Extremism

Saturday's Yemen Observer reports that at a meeting at the Ministry of Endowments late last week, the new Yemeni Minister of Endowment and Guidance, Hamoud al-Hetar, announced that he would replace any mosque leaders who adopt extremism and fanaticism in sermons and lectures. He emphasized the importance of a culture of tolerance and co-existence. The pronouncement grows in part out of the unrest in Sa'ada province where al-Houthi rebels are demanding the replacement of Salafi and Wahabi mosque leaders.

Is National Day of Prayer Underinclusive?

Is the National Day of Prayer (see prior posting) underinclusive? Has it taken on Judeo-Christian focus that should be expanded to include other faiths as well? Yesterday's Daily Pilot carries comments from seven members of the clergy discussing the issue.

Texas House Approves Adding "Under God" To State Pledge

On Friday, the Texas House of Representatives passed HB 1034, adding "under God" to the pledge of allegiance to the state flag. The final vote was 141- 0 with one person not voting. Since 2003, state law has required public school students to recite the U.S. and Texas pledge, and observe a moment of silence, every school day. (Houston Chronicle). According to the San Antonio Express-News, a small group of Democrats in the House lost in an attempt to also add the words “liberty and justice” to the pledge. If the Senate also passes this bill, the state pledge will read: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." (See prior related posting.)

Discrimination Found In School's Differential Holiday Leave

In Troy v. City of Lynn School District, 2007 Mass. Comm. Discrim. LEXIS 19 (MCAD, April 18, 2007), the Massachusetts Commission Against Discrimination held that the Lynn school system’s collective bargaining agreement (CBA) with the school administrator’s union discriminated against a Catholic employee. The CBA provided that in addition to general school holidays for Christmas and Good Friday, paid leave was granted to Jewish employees for Rosh Hashanah and Yom Kippur; and to Orthodox employees for Orthodox Good Friday. Administrator Paul Troy, a devout Roman Catholic, was refused his request to have Holy Thursday and Ascension Thursday off as paid holidays. The Commission held that the school had put forward no legitimate non-discriminatory reason for treating members of different religious faiths differently. The Commission ordered the school to end discrimination based on religious affiliation and to pay $4857 in damages to Troy. [Thanks to Eugene Volokh via Religionlaw listserv for the lead.]

7th Circuit: Pharmacist Demanded Too Much Accommodation For Religious Belief

On Wednesday, the U.S. 7th Circuit Court of Appeals ruled that Wal-Mart was not required to go as far as an employee pharmacist requested in accommodating his religious objections to filling birth-control prescriptions. In Noesen v. Medical Staffing Network, Inc., (No. 06-2831)(7th Cir., May 2, 2007), the court found that under Title VII of the 1964 Civil Rights Act, the accommodation sought by pharmacist Neil Noeson would impose an undue hardship on Wal-Mart. Wal-Mart offered to permit Noesen to assist only male customers and women not of childbearing age. However, it insisted that he, like all other staff, needed to answer telephones. However, Noesen insisted that the only acceptable accommodation was to relieve him of all counter and telephone duties unless customers were first pre-screened by others to ensure that they were not seeking birth control.

The court also held that, insofar as Noesen had a claim against the state of Wisconsin, Title VII does not override the state's Eleventh Amendment immunity in federal court. [Thanks to Steven H. Sholk for the lead.]

UPDATE: The 7th Circuit's link to the opinion in this case has been unstable. It has been updated, but if it breaks again, search by case name or number here.

April-May Prisoner Free Exercise Cases

In Allmon v. Butler, 2007 U.S. Dist. LEXIS 31986 (D AZ, April 30, 2007), an Arizona federal district court rejected a prisoner's claim that his free exercise rights were violated when he was kept from attending religious services or talking to a pastor regarding family emergencies. Plaintiff did not allege his religion or how he was unjustifiably prevented him from engaging in conduct mandated by his faith.

In Williams v. Arpaio, 2007 U.S. Dist. LEXIS 31988 (D AZ, April 30, 2007), an Arizona federal district court denied a free exercise claim by a prisoner who complained that he was denied access to religious programming on television and that he is denied Pagan religious counseling.

In Linares v. Mahunik, 2007 U.S. Dist. LEXIS 31488 (ND NY, April 30, 2007), a New York federal district court accepted the recommendations of a magistrate judge to dismiss a prisoner's free exercise claim, agreeing that a one-time cancellation of a callout to attend choir practice did not substantially burden plaintiff's free exercise rights.

In Harwood v. Tyler, 2007 U.S. Dist. LEXIS 31908 (ED WA, May 1, 2007), a federal magistrate judge held that a prisoner's free exercise rights were not substantially burdened by the removal and destruction of his religious materials that deprived him of the ability to study for 30 days.

In Kuperman v. New Hampshire Department of Corrections, 2007 WL 120092 (D NH, April 18, 2007), a New Hampshire federal Magistrate Judge recommended that an injunction issue to require an Orthodox Jewish prisoner to receive a Kosher diet. He held that, as applied here, a prison regulation that suspended the inmate's right to a religious diet for 6 months for a single violation of the diet by him is unconstitutional. The Boston Globe reported on the decision last week. UPDATE: Here is the Lexis link: 2007 U.S. Dist. LEXIS 32859.

Israeli Lawyer Sues To Open Rabbinical Court Staff Employment To Women

In Israel, lawyer Naama Safrai-Cohen is trying to open employment in the rabbinical court system to women. Haaretz reports today that Safrai-Cohen last month petitioned the Jerusalem Labor Court to order the Civil Service Commission and the Rabbinical Court Administration to cancel a job tender for the position of legal aide in the rabbinical courts because it required that applicants be certified by the Chief Rabbinate of Israel. The chief Rabbinate only certifies men. The tender was withdrawn, but the court is still considering the case.

Catholic Group's Suit Against University of Wisconsin Settled

The University of Wisconsin has settled a lawsuit filed against it by UW Roman Catholic Foundation challenging UW's refusal to recognize the Foundation as a student organization. Originally the University had two objections-- the Foundation limited its membership to Catholics, and it was not controlled by students. In March, a federal judge ruled that the University was violating the organization's rights by applying non-discrimination rules in a way that forced it to admit non-Catholics. (See prior postings, 1, 2.)

In yesterday's settlement (full text of court order), reported by the Badger Herald, and by the Chippewa, the Foundation agreed to reorganize to separate St. Paul’s University Catholic Parish from the University's Catholic student group. The University will recognize the separate student group, RCF-UWM, as a student organization. RCF-UWM agreed, however, that it would not seek funding from student fees for Masses, weddings, funerals or other events "requiring the direct control of ordained clergy." In exchange, University Chancellor John Wiley agreed to include $253,274 in student fee funding for the group in his recommended budget for next year. As part of the settlement, the court vacated its preliminary injunction orders issued in March and dismissed plaintiff's complaint.

White House Threatens Veto Of Hate Crimes Bill, But Not On Religious Expression Grounds

An odd show down is is being orchestrated in Washington over H.R. 1592, the Local Law Enforcement Hate Crimes Prevention Act of 2007, which was approved by the House of Representatives yesterday. The vote was 237-180. (New York Times.) The bill expands the definition of hate crimes to include crimes of violence connected in some way to interstate commerce that are committed because of the victim's actual or perceived sexual orientation, gender identity or disability. It also provides funds and other assistance to promote local hate crimes prosecutions. The bill now moves to the Senate which has not yet voted on its parallel bill, S.1105.

Conservative Christian groups have opposed the bill, claiming that it would infringe their right to religious expression. Presumably they are concerned that preaching about the sinfulness of homosexuality could lead to prosecution, particularly if someone is inspired to commit violence by a denouncement of gays and lesbians. The bill's proponents argue that it contains extensive provisions assuring that prosecutions will target criminal acts, not expressions of belief. (See prior postings 1, 2, 3.)

Following the House vote, the White House issued a statement (full text) saying that if the bill ultimately passes the Senate, the President's "senior advisors would recommend that he veto the bill." Interestingly, however, the statement makes no mention of claimed interference with the expression of religious beliefs as a ground for veto. Instead it makes three very different arguments.

First it objects to federalizing as many violent crimes as the bill does. Second, it complains that the bill does not cover crimes against the elderly, members of the military, police officers, and victims of prior crimes. Interestingly, the statement makes no mention of another class that Christian conservatives wanted included in the bill-- unborn babies. Finally, the White House statement objects to a provision in the bill that does not apply to crimes motivated by sexual orientation of the victim, but only to crimes motivated by a victim's race, color, religion or national origin. 18 USC Sec. 249(a)(1), the White House says, raises constitutional concerns because it is not limited to activities which Congress could criminalize under its powers to regulate interstate commerce, enforce equal protection or protect federal personnel.

The Anti-Defamation League issued a statement praising the House action, criticizing the President's threatened veto, and saying that the law would withstand constitutional attack.

Indonesia Charges 41 Christians Criminally Over Insulting Video

Asia News reported yesterday that in Malang, Indonesia, 41 Christians have been arrested on blasphemy charges growing out of a controversial hour-long video they produced. They have been charged under Section 156A of the Criminal Code with offending Islam. Those charged are all members of the Indonesian Students Service Agency (LPMI). If convicted, they face a 5-year prison sentence. The video shows a gathering of young people in Muslim dress praying to the sound of Christian song. The priest leading the prayer points his finger at the Koran and says that it is the "source of all evil in Indonesia, from violence to terrorism".

White House Ceremony, Capitol Hill, Mark National Day of Prayer [Corrected]

This morning in the White House, President George W. Bush hosted a ceremony marking the National Day of Prayer. (See prior posting.) The program (video) was introduced by the head of the National Day of Prayer Task Force, Shirley Dobson, wife of Focus on the Family chairman James Dobson. Making certain that the ceremony was not solely a Christian event, the U.S. Army Chorus sang "Sim Shalom," a prayer from the Jewish liturgy, and Chicago Rabbi Michael Siegel was among the clergy who spoke. (JTA). Among the other speakers were the chaplain of the corps of cadets at Virginia Tech University (AP).

Musical presentations at the White House ceremony included two spirituals. No Muslim clergy spoke at the event. The President's remarks at the event (full text) focused on the reasons for prayer. He concluded saying: "Prayer has the power to change lives and to change the course of history. So on this National Day of Prayer, let us seek the Almighty with confidence and trust...."

Following the National Day of Prayer ceremony, the President discussed comprehensive immigration reform with some of the clergy who were present. (White House Press Release.)

A National Day of Prayer event was also held on Capitol Hill in the Cannon Office building. Among the speakers was Mississippi Supreme Court Chief Justice James W. Smith Jr. (Hattiesburg American). Smith gained notoriety in 2006 when he appeared in the film Borat . He was shown at a Pentacostal camp meeting saying that "we are a Christian nation now, we were a Christian nation in the beginning, and we're gonna always be a Christian nation until the good Lord returns." (Ethics Daily). After Smith's National Day of Prayer remarks, event organizer Barbara Byerly prayed for God to "reverse the course" of the nation's judges for their "ungodly" rulings. (Jackson Clarion Ledger). [Note, an earlier version of this posting incorrectly reported that Smith had spoken at the White House ceremony.]

House Passes Head Start Reauthorization With Ban On Religious Discrimination Intact

Today, the U.S. House of Representatives passed HB 1429 , the Improving Head Start Act of 2007. The vote was 365-48. (Washington Post). The bill passed after the defeat of a motion to send it back to committee with instructions to remove provisions currently in federal law that ban religious discrimination in hiring Head Start teachers, staff and volunteers. Blog from the Capital has extensive coverage of the contentious debate on the House floor on the motion to recommit, as well as background on the dispute. The House did pass (229-195) an amendment proposed by the Democrats that supports the right of faith-based groups to participate in Head Start. (Washington Times). People for the American Way issued a release welcoming the retention of the anti-discrimination provision in the bill. (See prior related posting.)

4th Circuit Upholds Principal's Removal Of Religious Material From Bulletin Board

Yesterday the U.S. 4th Circuit Court of Appeals upheld the actions of a York County, Virginia principal who removed religious-themed material that Spanish teacher William Lee had posted on his classroom bulletin board. The posted articles and photos focused on instances of governmental involvement with religion and on religious activities of a former Virginia high school student. In Lee v. York County School Division, (4th Cir., May 2, 2007), the court rejected the Spanish teacher's claim that his First Amendment free expression rights were violated by the principal's actions. The court held that the items removed from the bulletin board were curricular in nature, constituted school-sponsored speech and bore the imprimatur of the school. This makes the dispute over Lee’s postings of the items merely an ordinary employment dispute, and not a dispute over his right to speak out on matters of public concern. In reporting on the decision yesterday, the Washington Post quoted the head of the Rutherford Institute as saying that it would ask the U.S. Supreme court to review the decision. (See prior related postings 1, 2.) [Thanks to Derek Gaubatz for the lead.]

USCIRF Makes Recommendations On List Of Countries Violating Religious Freedom

Yesterday, the United States Commission on International Religious Freedom (USCIRF) issued its 2007 recommendations to the Secretary of State on countries in which there are serious violations of religious liberty. (Press release.) Eleven countries were recommended for listing as "Countries of Particular Concern"-- those with the most egregious violations of religious freedom and belief. Eight of these countries were named CPCs by the State Department last year-- Saudi Arabia, China, North Korea, Sudan, Iran, Eritrea, Uzbekistan and Burma. The Commission recommended placing Viet Nam back on the list. It had been removed last year on the eve of President Bush’s visit there for the Asian Pacific Economic Conference. USCIRF also recommended adding Turkmenistan and Pakistan to the list. Last year the State Department rejected USCIRF's recommendations to list these two countries as CPCs. Annual designation of CPCs by the President is mandated by the International Religious Freedom Act of 1998.

USCIRF also placed eight countries on its watch list, as countries where religious freedom violations call for close monitoring. Carried over from last year are Afghanistan, Belarus, Egypt, Bangladesh, Cuba, Indonesia, and Nigeria. Added this year is Iraq. USCIRF also issued its 2007 Annual Report containing detailed reports on the status of religious freedom in numerous countries around the world.

Suit Challenges Indiana Social Service Agency's Hiring of Chaplain

In March 2006, Indiana's Family and Social Services Administration employed Rev. Michael Latham, a Baptist minister, as its chaplain to travel across the state to counsel FSSA workers during a time of rapid changes in the agency. Latham also recruits volunteer clergy of other faiths to provide counseling. Yesterday, according to the Associated Press, the Freedom From Religion Foundation filed suit in federal district court in Indianapolis claiming that the hiring of Latham was unconstitutional under the federal and state constitutions. The suit alleges that his hiring had no secular purpose and creates excessive entanglement between government and religion.

En Banc 10th Circuit Review Sought In "Seven Aphorisms" Cases

The cities of Duchesne and Pleasant Grove, Utah have petitioned for en banc review by the U.S. 10th Circuit Court of Appeals in two decisions by a 3-judge panel that largely upheld the right of members of the Summum faith to erect monuments displaying their Seven Aphorisms alongside Ten Commandments monuments in two different public parks. (See prior posting.) Yesterday's Deseret Morning News reports on the petitions filed in Summum v. Pleasant Grove City and Summum v. Duchesne City. The cities argue that the 3-judge panel was mistaken in characterizing the donated Ten Commandments monuments as private speech instead of speech by the government. They say that the panel's reasoning could could turn parks "into a cluttered junkyard of monuments contributed by all comers."

The argument that once the 10 Commandments monuments were donated, they were "government speech", is a particularly interesting one in the Duchesne City case. There the city, in an attempt to avoid Summum's request for equal treatment in a public forum, transferred the parkland under the 10 Commandments monument to private individuals.

Texas House Passes Bill To Protect Student Religious Speech

On Tuesday, the Texas House of Representatives approved by a vote of 121- 10 (with one person voting Present) HB 3678, the Religious Viewpoints Antidiscrimination Act, also known as the Schoolchildren's Religious Liberties Act. The bill requires public schools to allow students to express religious viewpoints in the same way that it permits them to express other points of view. It provides that students may express their beliefs about religion in homework, artwork, and other assignments, and may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious events before, during, and after school to the same extent that students are permitted to organize other noncurricular activities. The bill sets out a Model Policy that schools may adopt to comply with the bill's requirements.

Monday's San Antonio Express-News reports that the bill, now in the Senate Education Committee, is strongly supported by Texas Governor Rick Perry. However Kathy Miller, head of the Texas Freedom Network, says that the bill threatens religious freedom because "students will be held captive to the expression of religious beliefs that they and their families may not share". (See prior related posting.)

Missouri Legislature Passes Faith-Based Organization Liaison Act

Yesterday, according to the Rolla Daily News, Missouri's House of Representatives passed the Faith-Based Organization Liaison Act ( HB 888) by a vote of 122-27. Already passed by the Senate, the bill calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law. (See prior posting.)

State Funds To Baptist Group Homes Challenged; Proselytization Charged

In a Kentucky lawsuit challenging state funds that have gone to the Kentucky Baptist Homes for Children, plaintiffs have filed a copy of a report that charges the social service agency with religious coercion and proselytizing in their group homes. Today's Louisville Courier Journal reports that in exit interviews conducted for the state by the Children's Review Program, a comparatively small number of children claimed that they were forced to participate in Bible readings, prayers or Baptist services or that they were prevented from practicing their own faith. The agency (now known as Sunrise Children's Services), has received $61 million for housing children placed in state custody. It denies the charges, and the state agrees. In reviews, the Homes have generally scored high on maintaining children's cultural connections. The lawsuit challenging state funding, as well as charging religious discrimination, was filed in 2000 by and employee who was fired after the Homes learned that she was a lesbian.

British Treasury Considering Issuance of Sharia-Compliant Bonds

In a speech last week (full text), Britain's Economic Secretary to the Treasury, Ed Balls, announced that the UK government is looking into the possibility of issuing government bonds that are Sharia compliant. He said that a working group is being formed to "examine the wider benefits from the issuance of sukuk bonds for the development of London as a centre for Islamic finance." Bahrain, Malaysia, Qatar and Saxony-Anhalt in Germany are already issuing this type of financial instrument. In addition to considering the issuance of Sharia-compliant bonds in the wholesale sterling market, Britain's National Savings and Investment agency will examine the possibility of issuing Islamic products in the retail market as a way of encouraging British Muslims to save.

Last week, stories in The Guardian and Arabian Business emphasized the growing market for Islamic financial products. The government bond proposals are part of a broader group of measures that were announced by Secretary Balls on April 16 at a government-hosted summit on Islamic finance. (Press release.)

Britain's initiative is not without its critics. In a letter to the Financial Times last week, a spokesperson for the Lawyer's Christian Fellowship argued that Sharia would limit the purposes for which funds raised from the bonds could be spent, and that disputes regarding such financial instruments could involve the need to interpret religious law. In this regard, an article today in LiveMint.com profiles Bahrain's Sheikh Nizam Yaquby, one of a group of Islamic scholars who advises financial companies around the world on structuring insurance policies, accounts and bonds to meet the requirements of Islamic law.

UPDATE: The May 3 Legal Times carries an interesting article on the growing demand for lawyers with expertise in Islamic finance and the role of Islamic scholars in developing new products.

Teacher Sues School Over Order To Remove Classroom Banners

Yesterday, the Thomas More Law Center announced that it had filed a federal civil rights suit against San Diego, California's Poway Unified School District on behalf of a teacher who was required by school officials to remove from his classroom a number of banners with religious references on them. For the past 25 years, teacher Brad Johnson had displayed banners with excerpts from patriotic documents referencing God, such as "in God We Trust" and "God Shed His Grace on Thee". The suit alleges that the school district has imposed an unconstitutional viewpoint-based restriction that serves no valid educational purpose on Johnson's speech by ordering the banners taken down. Yesterday's North County Times discusses the lawsuit. Poway School District is already involved in other high profile litigation brought by a student who was banned from wearing a T-shirt condemning homosexuality.

California Can Require Social Security Number For Driver's License

In Harris v. Business, Transportation and Housing Agency, 2007 U.S. Dist. LEXIS 31283 (ND CA, April 17, 2007), a California federal district court rejected a free exercise challenge to California's requirement that a person applying for a drivers' license present a social security number. Smiley Harris, a minister in the Church of Greater Faith and Redemption, in a wide-ranging group of claims, argued that his congregation forbids use or possession of a social security number, believing that it is the "mark of the beast".

Britain's New Religious Discrimination Ban Effective April 30

Norwich Union reports that Part 2 of Britain's Equality Act of 2006 banning discrimination on the basis of religion or belief came into force on April 30. The new requirements cover furnishing of goods, facilities or services. Britain's Department of Communities and Local Government has issued a Guidance document that explains the new rules and certain exceptions that are available for religious organizations. A Guidance document for schools is available from Teachernet.

Malaysian Offical Rejects Request For Chinese Muslim Mosque

In Malaysia, Abdul Hamid Othman, the religious adviser to Prime Minister Abdullah Ahmad Badawi, has recommended that the government refuse a request by Chinese Muslims who want to build a Chinese-designed mosque in Kuala Lumpur. Yesterday's Khaleej Times reported on the dispute. Danial Hakim Boey, head of the Malaysian Chinese Muslim Community, says that Indian Muslims in Malaysia have their own buildings. However, Hamid said that the request has political implications: "Now they want their own mosques, the next time around they will be asking for leaders to represent their ethnic groups."

Court Upholds Navy Chaplain Selection Policy

In a doctrinally important decision yesterday, the U.S. District Court for the District of Columbia rejected claims by three non-liturgical Protestant ministers that the composition of the Navy's chaplain corps violates the First Amendment. Plaintiffs, who had been rejected for the corps, argued that liturgical Protestant chaplains were unconstitutionally over-represented in relation to the religious preference of Navy personnel served. In Larsen v. United States Navy, (DDC, April 30, 2007), the court upheld the Navy's current policy of taking the best-qualified candidates regardless of denomination, and found that plaintiff's challenge to the Navy's former policy of proportional representation of denominations is moot since the policy is no longer in effect.

In evaluating the Navy's current policy, the court held that under the Supreme Court's decision in Goldman v. Weinberger, the court should not apply the normal strict scrutiny standard used in free exercise cases. Instead, where military policy is involved, the court must use a more deferential analysis. The court said:

If the Navy were constitutionally required to organize and constitute a chaplaincy, so as to ensure the free exercise rights of its service members, then the chaplaincy program would have to not only be narrowly tailored to the free exercise needs of the Navy's service members, it would have to be in relative synergy with it.... If, as is the case here, the Navy is permitted, but not constitutionally required, to accommodate religious needs of its members via a chaplaincy program, the Navy's program need not satisfy every single service members' free exercise need, but need only promote free exercise through its chaplaincy program. The program is constitutionally sound if it simply works toward accommodating those religious needs.

The court found that the Navy's current program seeks legitimate military ends and is designed to accommodate the rights of Navy personnel to an appropriate degree. It found that plaintiffs' proposal that the chaplain corps reflect the actual religious demographics of the Navy confuses number of adherents with the religious needs of personnel, which may not be proportional to their numbers. A more tailored program would require the Navy to become excessively entangled in studying the religious habits and interests of its members.

Military Agency Focuses On Increased Religious Diversity

As religious diversity in the military grows, a little known Department of Defense agency has been conducting research and is offering training to government personnel on the issue. The Defense Equal Opportunity Management Institute , as part of its mission, focuses on the growing religious diversity within DOD and among those with whom the Department deals. A Religion Clause reader mentioned the initiative to me, and I asked her to give me more information. Here is the description from Charlotte E. Hunter, CDR, CHC, USN, who is part of the program:

The Defense Equal Opportunity Management Institute (DEOMI), a Department of Defense (DoD) agency, is the U.S. military's premiere organization dedicated to promoting understanding of and respect for equal opportunity, diversity, and cultural competency within the military Services and other federal agencies. One critical facet of DEOMI's mission lies in conducting research and providing training on the growing religious diversity within DoD ranks and how accommodation of this diversity affects issues of recruitment, retention, and readiness.

In addition, increased awareness of the importance of religion (and other cultural factors) within those populations with whom DoD personnel interact finds DEOMI ideally situated to provide military and government leaders with research possessing both scholarly depth and military awareness. DEOMI personnel provide expert training in these areas to military and civilian employees of DoD at DEOMI, located on Patrick Air Force Base, FL, and in military units around the country, placing continual emphasis on how religion can and does play a vital role in the military mission.

Kansas City Airport Adds Foot Washing Basins For Muslim Cabbies

Accommodating requests by a growing number of Muslim cab drivers, the Kansas City International Airport has recently expanded its taxicab facility restroom area to include four individual foot-washing benches and basins. In preparation for prayer five times each day, Muslims wash their feet to purify themselves. WorldNetDaily on Saturday reported that the new facility has become controversial as some object that authorities are catering to one religion's needs. It is estimated that 70% of the airport's 250 cab drivers are Muslim. This controversy comes shortly after a similar one in Minneapolis after a community college proposed installing foot washing basins to accommodate Muslim students. [Thanks to Jack Shattuck for the lead.]

Evangelists Lose Challenge To SF Noise Ordinance In 9th Circuit

In Rosenbaum v. City and County of San Francisco, (9th Cir., April 30, 2007), the U.S. 9th Circuit Court of Appeals rejected equal protection and First Amendment challenges to San Francisco's enforcement of its noise and its permit ordinances against Christian evangelists seeking to use sound amplification equipment for their preaching in the streets and parks of San Francisco. The court found no evidence of selective issuance of permits nor of selective enforcement by police. It also rejected claims of viewpoint discrimination. Appellants had argued that officers allowed a "heckler's veto" and that denial of a permit because of excessive noise was a pretext for disagreement with the content of their speech, as was their arrest for disturbing the peace. Finally the court rejected prior restraint arguments and claims under the California Constitution put forward by the evangelists. CBS 5 yesterday reported on the decision. [Thanks to How Appealing for the lead.]

City Officials, Catholic Church In Standoff Over Mexico City's New Abortion Law

In Mexico City, the Catholic church is confronting government officials over the city's new abortion law. Mexico City's legislative assembly voted 46-9 last week to legalize abortion during the first 12 weeks of pregnancy. The bill was published into law last Thursday. It makes Mexico City the largest city in Latin America to legalize abortion. (Washington Post, April 24) (Houston Chronicle, April 26). Under the new law, according to Mexico City Mayor Marcelo Ebrard, doctors at city-run hospitals cannot refuse to perform abortions even if they have religious or moral objections. Nevertheless, the Roman Catholic Church on Sunday called on doctors to refuse to perform the procedure. It threatened to excommunicate health care workers who perform abortions. (Catholic World News, April 30). The Church's activities have led to its being under investigation for violating Mexican laws that prohibit its participating in politics. (El Universal, April 30.)

Kaiser Network says that the new law allows gynecologists who have moral objections to performing abortions to refuse to do so, at least in private hospitals. The College of Catholic Lawyers plans to file a formal complaint with the Inter-American Court of Human Rights. They contend that the law is unconstitutional.

Kenya Students Sue For Right To Wear Headscarves In School

Today's Kenya Times reports that in Kenya's Mwingi District, 120 students from eleven primary schools have sued claiming that they have been unconstitutionally expelled from school for wearing headscarves. The girls claim they are Christians and members of a church known as "Arata A. Roho Mutheru". They say their religion requires them to keep their head covered. Their lawyer argues that their expulsion violates Sec. 78 of Kenya's Constitution that protects freedom of conscience, thought and religion. He says that the schools' actions also violate the students' rights under the country's Free Primary Education policy.

President Declares May As Jewish American Heritage Month

Yesterday, President George W. Bush issued a Proclamation declaring May 2007 as Jewish American Heritage Month. The Proclamation reads in part: "Throughout our history, Jewish Americans have contributed to the strength of our country and the preservation of our values. The talent and imagination of these citizens have helped our Nation prosper, and their efforts continue to remind us of America's gift of religious freedom and the blessings of God's steadfast love."

UPDATE: A coalition of Jewish groups has created a Jewish American Heritage Month website with background information, resources and a calendar of planned events for the month.