Christian Student Group Sues University For Registration

A suit was filed in Colorado federal district court this week by a Christian student organization at the University of Colorado that was denied registered status because it requires its officers must share and personally hold its Christian beliefs. It also requires prospective members to agree with and promote the organization's purposes. Registered status gives an organization access to student activity fees. The complaint (full text) in Ratio Christi at the University of Colorado v. Sharkey, (D CO, filed 11/14/2018) alleges:

[The University] has promised to register Ratio Christi only if the group changes its leadership and membership criteria. That is, Plaintiffs must agree to abandon their rights to free speech, free association, free exercise of religion, freedom from unconstitutional conditions, due process, and equal protection to access campus resources available to all other student organization.

ADF issued a press release announcing the filing of the lawsuit.

Plagiarism Is A Problem In Christian Publishing World

RNS reports on the problem of plagiarism in the Christian publishing world as earlier this  month a settlement was reached in which best-selling Christian author Christine Caine was sued for lifting portions of author Cary Scott's 2015 book "Untangled" for use in two of her books. According to RNS:

Our clamoring after Christian “rock stars” — paired with the sheer volume of content those in the spotlight are expected to produce — has created the perfect environment for slipshod attribution and theft of content from lesser-known authors.

Dramatic Slowdown In Approval of Refugee Status For Iranian Christians

Yesterday's Los Angeles Times reports on the massive slowdown in U.S. approvals of refugee status for Iranian Christians and other Iranian religious minorities (such as Mandaeans) who are applying under the Lautenberg-Specter program. The slowdown began in late 2016. In the first quarter of fiscal 2018, only 29 Iranians were admitted under the program, compared to 1,061 in the first quarter of 2017.  Under the program, refugees with a U.S. sponsor travel to Vienna where they typically have encountered only a 3 to 6 month wait. the State Department says the slowdown stems from enhanced security check procedures apparently instituted under the Obama administration.  In July in Doe v. Nielsen, (ND CA, July 10, 2018), a California federal district court ordered the Department of Homeland Security to provide the reasons for denial of their applications to 87 Iranian refugees in Austria.

Scottish Appeals Court Says Government Did Not Adequately Consider Refugees' Claim of Conversion To Christianity

In TF and MA v. Secretary of State for the Home Department, (Scot. Ct. Sess., Aug. 30, 2018), Scotland's Inner House, Court of Session, held that the Secretary of State and appellate tribunals had failed to adequately consider certain evidence that Iranian asylum seekers had genuinely converted to Christianity after leaving Iran. All the parties agreed that individuals who converted from Islam to Christianity face a risk of persecution of forced to return to Iran. At issue however was:

the status of evidence from church leaders (or others holding positions of responsibility within a church) about the conduct of a person who has begun the process of admission into the church and as to the sincerity of his conversion to Christianity; as to the weight to be given to such evidence; and whether the usefulness of such evidence as a guide to the genuineness of the sur place conversion is undermined by findings that, in relation to other matters, the appellant, the applicant for asylum, has given evidence which is untrue or unreliable and/or may be said to undermine his basic credibility.

Law & Religion UK has more on the decision.

Court Rejects Claim That Church Board Improperly Appointed Interim Pastor

In Leggett v. Moore, 2018 IL App (1st) 171101-U (IL App., Aug. 28, 2018), an Illinois appellate court held that the First Amendment does not prevent a court from deciding whether a church has violated it own bylaws when that does not raise issues of church doctrine. Plaintiffs alleged that True Zion church formed a new board of directors without complying with church bylaws, and improperly selected a new interim pastor. They contend that the church overseer was the person entitled to appoint an interim pastor, even though there is no mention of this in the bylaws. The court dismissed their claim, holding that "the duly elected board of directors affirmed the church bylaws and ratified the actions of the interim pastor during meetings at which plaintiffs attended but abstained from voting...."

Protestant Navy Chaplains Lose Discrimination Lawsuit

In In re Navy Chaplaincy, (D DC, Aug. 30, 2018), a D.C. federal district court granted summary judgment for the U.S..Navy in a long-running suit by non-liturgical Protestant Navy chaplains alleging discrimination against them. The court summarized the facts and its holding:

Plaintiffs’ primary claim is that, until 2002, the Navy maintained an unconstitutional policy of placing at least one Roman Catholic chaplain on every selection board, which resulted in Catholic chaplains being promoted at a disproportionately high rate compared to other religious groups. Plaintiffs also challenge a host of other allegedly unconstitutional selection-board policies and procedures—some of which, plaintiffs claim, continue to this day. Finally, plaintiffs challenge a statute that privileges selection-board deliberations from disclosure in litigation, arguing that it is unconstitutional as applied to their case because it denies them access to information that they need to prove their constitutional claims. To redress these wrongs, plaintiffs—each of whom was either passed over for promotion or selected for early retirement by a board that was allegedly tainted by one or more of the challenged procedures—seek an order directing the Navy to reinstate them to active duty, if necessary, and to convene new, properly constituted selection boards to reconsider the personnel actions taken against them....

To a considerable extent, the result in this case is dictated by prior rulings.... Consequently, there is little left to do here but to apply those standards ... which, as explained below, does not even come close to showing the degree of discrimination required for plaintiffs’ challenges to succeed. Likewise, this Court has already twice considered and twice rejected plaintiffs’ constitutional challenge to the statutory privilege for selection-board proceedings...

Court Will Not Order Group's Christian Flag Displayed On City Flag Pole

In Shurtleff v. City of Boston, (D MA, Aug. 29, 2018), a Massachusetts federal district court refused to grant a preliminary injunction against the city's policy of refusing to fly non-secular flags from City Hall flagpoles.  Plaintiffs sought to fly a "Christian flag” from the city's pole in conjunction with a Constitution Day and Citizenship Day event.  Rejecting plaintiffs' free speech argument, the court said in part:

If the flags are government speech, as Defendants assert, “then the Free Speech Clause has no application” and the City may “select the views that it wants to express.” ... In contrast, if the flags are private speech displayed in a limited public forum, as Plaintiffs argue, the restriction on non-secular flags must be reasonable and viewpoint neutral.... This Court concludes that the selection and display of the flags on the City flagpole constitute government speech. Moreover, even if they did not constitute government speech, the Court finds that the City’s restriction on non-secular flags satisfies the constitutional requirements for limitations on speech in a limited public forum....

The City’s policy is ... reasonable based on the City’s interest in avoiding the appearance of endorsing a particular religion and a consequential violation of the Establishment Clause.... Moreover, ... [in suggesting] the opportunity to conduct their event on City Hall Plaza, fly a secular flag on the City flagpole or display the Christian flag on City Hall Plaza but not on the City flagpole, the City has demonstrated reasonableness and that it does not seek to silence Plaintiffs. 

The court also rejected Establishment Clause and Equal Protection challenges. Boston Globe reports on the decision.

Chautauqua Cottage Community Eliminates Christian-Only Clause

As previously reported, last year a suit was filed in Michigan federal district court against the Bay View Association, a Lake Michigan summer community with roots in the Chautauqua Movement, challenging provisions in the Association's rules that limit cottage ownership to practicing Christians. Now, according to the Grand Rapids News, nearly 70% of the members of the Association have voted to amend its bylaws to eliminate the requirement that members be of the "Christian persuasion."

Christian After-School Program Is Exempt From Illinois Unemployment Taxes

In By the Hand Club for Kids, NFP, Inc. v. Illinois Department of Employment Security, (IL Cir. Ct., July 18, 2018), an Illinois state trial court held that an evangelical after-school program for impoverished Chicago school children is exempt from the requirement to pay unemployment taxes to cover its employees.  The  court held that the group falls under the exemption for organizations operated primarily for religious purposes. The state argued that the organization is merely an after-school program that primarily furnishes homework help, tutoring, hot meals and medical attention.  The court however emphasized that the group sees these charitable acts a a religious practice, and also that the organization proselytizes the children participating in their program.  ADF issued a press release announcing the decision.

Vice President Concerned About Aid To Iraqi Christians and Yazidis

Vice President Mike Pence issued a statement (full text) on Friday on promised U.S. aid to Iraq's Christian and Yazidi communities, saying in part:

To save what remains of these ancient and proud peoples, President Trump directed the United States government to stop using slow, ineffective and wasteful United Nations programs and to instead distribute assistance through USAID.... 

While progress has been made to help these beleaguered people, there is more to do to fulfill the commitments made to them and not to mention – our own consciences.

The Vice President will not tolerate bureaucratic delays in implementing the Administration’s vision to deliver the assistance we promised to the people we pledged to help.

The Vice President directed USAID Administrator Mark Green to travel to Iraq in the coming weeks to report back with an immediate comprehensive assessment...

Indonesia Sentences Christian Man To 4 Years For Facebook Post Urging Conversion

According to World Watch Monitor and the Jakarta Post, in Indonesia on Monday a Christian cleric was sentenced to 4 years in prison and a fine equivalent to $3,565(US) for religious discussion on a video he posted online.   Abraham Ben Moses, a convert from Islam, was convicted of violating the Electronic and Information Transactions Law No. 11/2008 by intentionally spreading information intended to incite hatred against an individual or group based on religion. According to the Post:

Abraham was known for recording his conversations with an online taxi driver identified only as Supri.

In a video he uploaded to his Facebook account, Abraham quoted a Quran verse about marriage and tried to convince the driver to convert to Christianity.

White House Expresses Concern Over Religious Violence In Central African Republic

The White House Press Secretary yesterday released a statement regarding religious violence in the Central African Republic (full text), saying in part:

The United States is extremely concerned about recent attacks against civilian centers, including Tuesday’s attack on a Christian church in the Fatima neighborhood of Bangui and the retaliatory attacks on Muslim community members.  We urge Central African Republic (CAR) government officials to provide safety and security for all of its citizens, regardless of faith.  CAR’s security forces must be professional in the face of ongoing security challenges.

New York Times has coverage of the violence.

Certiorari Denied In Christian School's RLUIPA Lawsuit

The U.S. Supreme Court today denied review in Livingston Christian Schools v. Genoa Charter Township, (Docket No. 17-914, certiorari denied 4/30/2018) (Order List).  In the case, the U.S. 6th Circuit Court of Appeals dismissed a RLUIPA claim by a Christian school that was denied a special use permit needed for it to relocate. The school had concluded that remaining in its present location on a long-term basis would end in its dissolution from lack of enrollment and income.  However the Court held as a matter of law that the denial of the permit did not impose a "substantial burden" on the school. (See prior posting.)

Iranian Christians Denied Refugee Status Sue

A class action lawsuit was filed last week on behalf of 87 Christians, Mandaeans, and other persecuted religious minorities from Iran who (through family members in the United States) have applied for refugee status under the Vienna-based Lautenberg-Specter program. The refugee applicants are currently in Vienna. In February 2018 their refugee applications were denied en masse "as a matter of discretion."  The complaint (full text) in Doe v. Nielsen, (ND CA, filed 4/18/2018), contends that:

Defendants’ conduct violates the Administrative Procedure Act because the program changes that resulted in the mass denials constitute final agency actions that were unlawful, including because they were “arbitrary, capricious, an abuse of discretion, or not in accordance with law.”

The Lautenberg Amendment, originally enacted in 1989, made it easier for Jews and Christians from the former Soviet Union to gain admission to the United States as refugees.  In 2004, Congress enacted the Specter Amendment which  added Iranian religious minorities to those eligible for special protection under the Lautenberg Amendment. Since 2004, some 30,000 Iranian religious minorities have been resettled in the United States. Christian Post reports on the lawsuit.

American Pastor Gets Initial Hearing In Turkish Court

According to Al-Monitor, in Turkey a North Carolina pastor finally was able to appear in court after being held in detention for 18 months. Pastor Andrew Craig Brunson, who led a small Protestant congregation in the Turkish city of Izmir, rejected the terrorism and espionage charges against him.  Brunson was among the many arrested after the failed 2016 coup which Turkish officials blame on Fethullah Gulen, who is living in Pennsylvania.  Many believe that the Turkish government wants to exchange Brunson for Gulen.  The court adjourned Brunson's trial until May 7, and ruled that he will continue to be held in solitary confinement. The U.S. Commission on International Religious Freedom issued a statement saying in part:

We are deeply disappointed that Turkish officials today decided to prolong their prosecution and unjust imprisonment of Pastor Andrew Brunson.

Trump Cabinet Has Bible Study Group

BBC reports that President Trump's Cabinet has a weekly Bible study group, led by former professional basketball player-turned-pastor, Ralph Drollinger.  While not all Cabinet members attend each week, the group has ten "sponsors". Members of the group include Vice-President Mike Pence, Secretary of State Mike Pompeo, Education Secretary Betsy DeVos, Energy Secretary Rick Perry and Attorney General Jeff Sessions.  Some of the Cabinet members originally got to know Drollinger through his Capitol Ministries study groups in the House and Senate. According to BBC:

President Trump is not a member of Drollinger's group - but he is a Christian, and does get Drollinger's eight-page print-outs most weeks.

"He writes me back notes on my bible studies," says Drollinger.

"He's got this leaky Sharpie felt-tip pen that he writes all capital letters with. 'Way to go Ralph, really like this study, keep it up.' Stuff like that."

[Thanks to Scott Mange for the lead.]

Pakistan's Chief Justice Sets Up Offices To Receive Minority Group and Human Rights Complaints

UCA News yesterday reported that Pakistan's Chief Justice has set up two separate units in the Court's Lahore office, one to receive and deal with complaints by minorities (including religious minorities), and the other to similarly receive and deal with human rights complaints. Chief Justice Nisar ordered his staff to set up the new offices after his own security forces prevented him from talking with the mother of the victim of a police shoot out. Christian political groups in Pakistan praised the Chief Justice's action.

Christian Student Group Sues Over Decertification

The InterVarsity Christian Fellowship at Wayne State University has filed a federal lawsuit challenging the University's action removing its status as a recognized student organization.  The complaint (full text) in InterVarsity Christian Fellowship/ USA v. Board of Governors of Wayne State University,  (WD MI, filed 3/6/2018), alleges that the action was taken against it because of the organization's requirements that its leadership share its Christian faith and affirm the group's statement of faith.  The university contends that this violates its non-discrimination policy.  InterVarsity has operated on Wayne State's campus for 75 years.  the complaint claims that the University's action violates various federal and state constitutional and statutory provision.  Detroit News reports on the lawsuit.

UPDATE: According to a press release from Becket, two days after the suit was filed the University reinstated InterVarsity Christian Fellowship, at least temporarily.

Malaysia's Federal Court Says Conversions To Christianity Are For Sharia Courts

In Malaysia last week, the Malaysian Federal Court dismissed appeals by four women who seek to have their names and religious affiliation changed on their national identity cards-- from Muslim to Christian.  Three of the women were originally Christians, but embraced Islam when they married Muslim men.  Now they are divorced and wish to re-embrace Christianity.  The fourth woman is a convert from Islam to Christianity. According to World Watch Monitor, the country's highest civil court held that jurisdiction over these cases is only in the Syariah Courts, even though the Sarawak Shariah Court Ordinance 2001 has no provision for leaving Islam.  CBNNews yesterday further explained the implications of this holding:

In the past, Sharia courts have not allowed conversion from the Islamic faith.

Christian groups said they'll request Sarawak legislators to amend state law to allow conversion. In response, several Islamic groups said they plan to counter Christian conversion efforts by sending more Muslims into the state.

Located in Malaysia's east, Sarawak is about 40 percent Christian. Most Christians are Chinese ethnics. Overall, Christians are about nine percent of the Malaysia population while Muslims are about 61 percent. Leaving Islam is unthinkable for most ethnic Malays who believe to be Malay is to be Muslim.

Brazilian Court Rejects Censorship of Play Depicting Jesus As Trans Woman

In Brazil last week, the São Paulo Court of Justice (the highest state court) lifted an emergency injunction that had been issued by a local court banning further performances of the play "The Gospel According to Jesus, Queen of Heaven." The art news site Hyperallergic reports on developments.  The play is a one-woman show that depicts Jesus living in the present as a trans woman.  The controversial show was described by the lower court as  "disrespectful to a religion," "aggressive," and of  an "extremely low intellectual level." The appellate court, however, held that the injunction was unconstitutional censorship that effectively forbids artistic activity.