New USCIRF Chair Is Tibetan Buddhist

The U.S. Commission on International Religious Freedom announced that yesterday it elected Dr. Tenzin Dorjee, a Tibetan Buddhist, as its Chair, and Kristina Arriaga and Gayle Manchin as Vice-Chairs.  Dorjee is Associate Professor of Human Communication Studies at California State University, Fullerton. He has served as translator for the Dalai Lama.

Court Says Private Investigator Invaded Privacy of Buddhist Temple

In Vo v. Mason, (CA App., Sept. 19, 2017), a California state appellate court held that plaintiff Thuy Thanh Vo was likely to prevail on her state constitutional invasion of privacy suit against a neighbor and those working with him who are trying to prevent Vo from using her property as a Buddhist Temple without zoning approval.  Posing as someone who wanted to study Buddhism and pray, one of the defendants who is a private investigator took photos of religious ceremonies at Vo's property.  The court's finding of a probability of success led the court to deny a SLAPP motion to dismiss Vo's suit.

Cert. Denied In Buddhist Temple Dispute

The U.S. Supreme Court yesterday denied review in Tung v. China Buddhist Association, (Docket No. 16-450, cert. denied 1/9/2017). (Order List).  In the case, a New York state intermediate appellate court refused to order a Buddhist Temple to hold a membership meeting with a receiver determining those eligible to vote, holding that courts will not intervene in predominantly religious disputes. New York's highest court (Court of Appeals) affirmed in a summary decision. (See prior posting.) [Thanks to Mark Chopko for the lead.]

Buddhist Center Can Pursue Misrepresentation and As Applied, But Not Facial, RLUIPA, Challenges [CORRECTED]

In Thai Meditation Association of Alabama v. City of Mobile, 2016 U.S. Dist. LEXIS 142651 (SD AL, Oct. 12, 2016), an Alabama federal magistrate judge recommended dismissing facial claims under RLUIPA by a Buddhist meditation center whose zoning approval was denied.  The court rejected facial RLUIPA equal terms, discrimination and substantial burden challenges, but allowed plaintiff to proceed on its "as applied" challenges under RLUIPA.  The magistrate judge also recommended allowing plaintiff to move ahead with a negligent misrepresentation claim growing out of a zoning official's assurances that the meditation center would be treated as a house of worship for zoning purposes and that planning approval rather than seeking  use variance was the proper procedure to follow.

UPDATE: The magistrate's recommendations were adopted by the court in Thai Meditation Association of Alabama v. City of Mobile, 2016 U.S. Dist. LEXIS 150360 (SD AL, Oct. 31, 2016).

Russian Supreme Court Bans Aum Shinrikyo As Terrorist Organization

According to Interfax and Russia Beyond the Headlines, the Russian Supreme Court yesterday agreed with the Prosecutor General's Office and the Federal Security Service that Aum Shinrikyo is a terrorist organization. The decision to ban the organization's activities in Russia was made after an in camera hearing by the Court.  Wikipedia describes Aum Shinrikyo as a Japanese doomsday cult best known for its 1995 Sarin attack on the Tokyo subway system. Aum Shinrikyo combines elements of Eastern religions and Christianity, but is generally seen as an offshoot of Japanese Buddhism.

Thailand Bans Movie Critical of Buddhist Monks

Al Jazeera today reports that Thailand's culture ministry has banned Arbat, a new horror film about Buddhist monks. The title translates as "violations committed by monks."  Somchai Surachatri, spokesman for Thailand's National Office of Buddhism, said: "The movie has some scenes that will destroy Buddhism. If it is shown, people's faith in Buddhism will deteriorate," The film's producer says it will change some parts of the movie before resubmitting it for approval. Thailand's monks have come under increasing criticism in recent years for their embrace of commercialism.

Rights Group Urges Burma's President To Reject Parliament's Buddhist Women's Marriage Law

In a July 9 statement, Human Rights Watch called on Burma's President Thein Sein to refuse to sign the Myanmar Buddhist Women’s Special Marriage Law. The law was passed by Burma's Parliament in a joint session on July 7 by a vote of 524 to 44, with 8 abstentions.  The final version of the bill has not been made public, but an English translation of a 2014 draft of the bill is available online. According to Human Rights Watch:

The bill targets Buddhist women who marry – or seek to marry – non-Buddhist men and introduces vaguely defined acts against Buddhism as grounds for divorce, forfeiture of custody and matrimonial property, and potential criminal penalties....

The law permits the township (district level) registrar to publicly display a couple’s application for marriage for 14 days, and permits any objections to the marriage to be taken to local court....

The law also requires a non-Buddhist husband to respect the free practice of his spouse’s Buddhist religion, including displaying Buddhist imagery and statues, and engaging in Buddhist ceremonies. He must refrain from “committing deliberate and malicious acts, such as writing, or speaking, or behaving or gesturing with intent to outrage feelings of Buddhists.” Violations of these provisions are grounds for divorce, and in such a case the non-Buddhist husband would be forced to give up his share of jointly owned property, owe his wife compensation, and be denied custody of the children.

Appeals Court Affirms Decision On Ownership of Buddhist Pagoda

As reported by the Salt Lake Tribune, in Dao Trang Phap Hoa v. Vietnamese Unified Buddhist Association of Utah, (UT App., May 21, 2015), a Utah state appeals court upheld a trial court's decision that a Salt Lake City Buddhist temple-- the Pho Quang Pagoda-- is owned by a local affiliate of the California-based Vietnamese-American Unified Buddhist Congress.  Some members of the temple claimed that the Congress held the Pagoda in trust for the local Vietnamese Buddhist Alliance Society of Utah.  The appeals court held that even if there were questions of fact on that issue, the plaintiff in this case, the  Vietnamese Unified Buddhist Association of Utah, lacked standing to assert the claim on behalf of the Society because the two groups are separate corporations, even though they have overlapping membership.

Court Will Not Decide Validity of Vote In Challenge By Excommunicated Members of Buddhist Temple

In Matter of Ming Tung v China Buddhist Association, (NY App., Nov. 13, 2013), a New York state intermediate appeals court, in a 4-1 decision, refused to order a Buddhist Temple to hold a membership meeting with a receiver determining those eligible to vote. The dissent described the facts as follows:

Respondent Mew Fung Chen (Master Chen) excommunicated not only the three petitioners but a total of 517 members, representing all the congregants of the Manhattan chapter of the CBA and a majority of the CBA's members, 10 days before the special meeting called by the two unauthorized trustees appointed by Master Chen. Thus, he deprived the Manhattan congregants of their right to vote on the agenda of the meeting which, in effect, resulted in the transfer of control of all properties and assets of the CBA to Master Chen. Only 110 members of the Queens faction of the CBA, all supporters of Master Chen, were given notice of the special meeting. 

The majority held, however:

At first blush the petition appears to present a straightforward issue of corporate governance, specifically whether various corporate actions, including a meeting held in May 2011, were improperly taken, thereby depriving petitioners of their right to participate in those events.... We hold, however, that because petitioners are not members of the CBA based upon Master Chen's excommunication of them, they cannot challenge these corporate actions.... Petitioners contend that their excommunication was completely motivated by Master Chen's desire to squelch the simmering underlying dispute over ownership of real property in Manhattan and Queens where the CBA owns temples. Even where the parties' dispute concerns control of church property, the court will not intervene in matters that are predominantly religious disagreements...

Reuters reports on the decision.

Buddhist Group Presses Burma Parliament To Restrict Interfaith Marriage

According to a report yesterday from The Irrawaddy, in Burma the influential Association for the Protection of Race and Religion (known as  Ma Ba Tha) is organizing demonstrations calling for passage of the Interfaith Marriage Bill that the Buddhist nationalist organization first proposed last year.  Prompted by concerns over Buddhist women marrying Muslim men, the bill would require Buddhist women to obtain permission from their parents and government authorities before marrying a man of another faith.  It would also require the man to convert to Buddhism. The bill is strongly opposed by women's rights and other civil society organizations.

Sri Lanka Deports British Tourist Because of Buddha Tattoo

BBC News reports that on Monday a British tourist in Sri Lanka was arrested, ordered deported by a magistrate and placed in an immigration detention camp until she is sent back to the UK because she has a tattoo of Buddha on her arm. Sri Lankan police say tourist Naomi Coleman with hurting the religious feelings of others. Coleman was originally cleared through the airport, but two taxi drivers and a plain clothes policeman later took her to a police station when they saw the tattoo.

UPDATE: According to AFP report, on May 21, 2014 Coleman filed suit against Sri Lankan police, immigration and prison officials over the incident. The suit in the Supreme Court in Colombo seeks the equivalent of $78,000 (US) in damages.

Fired Buddhist Employee Sues Claiming Failure To Accommodate Religious Beliefs

Courthouse News Service yesterday reported on a Title VII  religious discrimination lawsuit filed in Texas federal district court by the former director of marketing communications for a wireless network services company. Plaintiff Jef Mindrup, a Buddhist, claims he was fired because he refused to comply with a request by the company's co-founder that he add Biblical verses to the company's daily newsletter. His lawsuit alleges that the company "fail[ed] to accommodate plaintiff on the basis of his religion by requiring him to proselytize the Christian religion, a religion other than his own."

Suit Challenges Blatant Promotion of Christianity In Louisiana School

The ACLU of Louisiana announced yesterday that it has filed a federal lawsuit against a western Louisiana parish school board on behalf of a married couple and their children/ stepchildren alleging that blatant promotion of Christianity by a Negreet (LA) school violates the Establishment Clause.  One of the plaintiffs, the mother, has been a practicing Buddhist for 14 years and the lawsuit focuses particularly on harassment by the school of her 6th-grade son who is of Thai descent and a life-long Buddhist. The complaint (full text) in Lane v. Sabine Parish School Board, (WD LA, filed 1/22/2014) alleges in part:

[S]chool officials have a longstanding ... practice of promoting and inculcating Christian beliefs by sponsoring religious activities, as well as conveying religious messages to students.... [A]t Negreet, which serves students in kindergarten through twelfth grade, teachers ask students for professions of faith in class. At least one science teacher treats the Bible as scientific fact, telling students that the Big Bang never happened and that evolution is a “stupid” theory that “stupid people made up because they don’t want to believe in God.” Paintings of Jesus Christ, Bible verses, and Christian devotional phrases adorn the walls of many classrooms and hallways.... And staff members routinely lead students in Christian prayer....

[W]hen ... C.C..... enrolled in the sixth grade ..., he quickly became the target of proselytizing and harassment by one of his teachers ... who ... told her students that [C.C.'s] faith, Buddhism, is “stupid.”

[When C.C.'s parents complained] ... the Sabine Parish Superintendent of Schools ... told the Lanes that “[t]his is the Bible Belt” and that they would simply have to accept that teachers would proselytize students. She also asked whether C.C. had to be raised as a Buddhist and whether he could “change” his faith, and she suggested that C.C. transfer to another district school – more than 25 miles away where, in her words, “there are more Asians.”

In addition to filing suit, the ACLU plans to file complaints with the Department of Education and Department of Justice.