Fraudulent Concealment Claim Against LDS Church Can Proceed

In Denson v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (D UT, Aug. 13, 2018), a Utah federal district court permitted a sexual assault victim to move ahead with her suit against the LDS Church for fraudulent concealment of its knowledge that the president of the Mission Training Center was a sexual predator. A number of other claims were dismissed, including those against the sexual predator that were dismissed on statute of limitations grounds.  Fox 13 News reports on the decision.

Fired Mormon City Manger Can Move Ahead Under Title VII Against Some Defendants

In Fuqua v. City of Altus, (WD OK, April 6, 2018), an Oklahoma federal district court allowed the former City Manager of an Oklahoma city to proceed with his Title VII religious discrimination suit against the city and its mayor, but dismissed his claims against two other city officials.  Plaintiff David Fuqua alleges that he was fired from his position because he is a Mormon and because he hired Mormons for the positions of Assistant City Manager and Public Works Director.  The court dismissed two defendants, the Chief Financial Officer and the City Clerk, because they had no formal role in evaluating Fuqua or in the decision to fire him, saying in part:

There is plenty of evidence that they agitated against plaintiff, or for his removal, on the basis of his religion, but there is none that suggests they played some formal role in the City’s dealings with plaintiff. Complaints and gossip, even lots of it, do not arise to the level of involvement necessary to establish the necessary causative link.

Vermont Legislators Join Fight Against Mormon Utopian Village Plans

The NewVistas Foundation is a non-profit organization promoting the building of model communities based on writings of Mormon prophet Joseph Smith.  NewVistas wealthy founder David Hall is buying up land in Provo, Utah and near Joseph Smith's birthplace in Vermont to create two of these villages. As reported in 2016 by Bloomberg Businessweek :

Hall is a fourth-generation Mormon. “Joseph Smith was just the wildest guy out there,” he says. “Lots of things he did were stupid, but in my view, he was a sage or a seer and didn’t even understand what came to him.” As the story goes, the plat plan appeared to Smith while he was studying Enoch, an Old Testament prophet who designed a city so perfect it was whisked off to heaven. The text accompanying the blueprint, written out by Smith and his comrades, says each plat should house 15,000 to 20,000 people within one square mile (though the definition of a mile has changed slightly), and that the design should be replicated worldwide. Written in the style of 15th century English, it reads: “When this square is thus laid off and supplied, lay off another in the same way, and so fill up the world in these last days, and let every man live in the city, for this is the city of Zion.”

These plans have stirred opposition, and in Vermont (as reported this week by AP) a resolution opposing the planned village has been introduced in the Vermont House of Representatives.  HR 20 (full text) introduced March 21 with 12 co-sponsors, says in part:

the NewVistas project would destroy the traditional and compacts settlement pattern in the four towns, convert large amounts of productive agricultural lands and forestland into development, undermine the historic character of these towns, degrade the area’s natural resources, and reduce game and wildlife populations.

Mormon Student Loses Religious Harassment Claim Against College Tennis Coach

In Duffin v. Idaho State University, (D ID, Dec. 21, 2017), an Idaho federal district court dismissed on qualified immunity grounds religious discrimination and other constitutional claims by a Mormon college student who alleges that the head tennis coach and his assistant harassed plaintiff about his religion. The court added:

Defendants were clearly harassing Duffin about his religion, and trying to test his adherence to his beliefs – especially when they invited him to a night club and sent women to his hotel room to proposition him for sex. Such actions were boorish and entirely inappropriate. In doing so, they likely intended to discourage Duffin from practicing his religion and following the tenets of his faith, by presenting him with opportunities to act contrary to his religious beliefs. But, their actions do not rise to the level of coercion or substantial pressure to modify Duffin’s behavior, which is needed to establish a free exercise of religion claim.

The court asserted supplemental jurisdiction over plaintiff's state law claims.  In connection with plaintiff's negligence claim, the court certified a question of law to the Idaho Supreme Court.  The court dismissed plaintiff's intentional infliction of emotional distress claim and denied summary judgment on his claim for negligent infliction of emotional distress.

Planned Parenthood and Mormon Church Spar Over Intellectual Property Rights

Life Site News reported yesterday on the interesting intellectual property dispute that played out on the sidelines of last week's Sunstone Symposium in Salt Lake City.  The Symposium draws over 1,500 attendees to talk about Mormon history, theology, politics, culture from a variety of Restorationist perspectives.  One of vendors at the event was Planned Parenthood, which often uses humor in its messaging.  The group created a special run of condoms to distribute to attendees with packaging carrying the letters "CTR" on a shield.  This mimics the design of a ring which since 1970 has been given to every Mormon child to remind them to "Choose the Right." After receiving complaints, the Symposium sponsors allowed Planned Parenthood to distribute the condoms, but not to display them.  A Mormon Church spokesperson said that Planned Parenthood had not sought permission to use the design which belongs to the Church.

Mormon Judge's Recusal Not Required In Case Involving Indian Tribe

In Ute Indian Tribe of the Uintah & Ouray Reservation, Utah v. State of Utah, (D UT, July 25, 2016), a Utah federal district court rejected the contention that a federal judge's membership in the Mormon Church should be a basis for requiring recusal in cases involving Indians or Indian tribes.  To support the claim, the Ute Tribe cited a passage in Mormon scripture regarding a curse on the Lamanites, which some identify as American Indians.  In the long-running case involving the extent of tribal court jurisdiction, the court said:

plaintiff's argument is conclusively foreclosed by the Tenth Circuit's unequivocal holding that membership in and support of "the Mormon Church would never be enough to disqualify" a judge.

The court also refused to disqualify the judge on various other grounds as well. Fox 13 reports on the decision.

Mormon Car Salesman Sues Claiming Religious Harassment By Employer

Arkansas Online reported yesterday on a religious discrimination lawsuit filed by a former auto salesman against a Fort Smith, Arkansas Ford dealership.  Richard Black says that about two weeks after he began working for Randall Ford, the used car manager began to question him intrusively about his religious beliefs. He particularly harassed him about his religious undergarments.  Black also complained that he was told to lie to customers about prices and deals in order to sell vehicles.  After 7 months he was fired, being told he did not fit in.  The suit was filed in state court in June and removed to federal court last week.

LDS Church Sued In Tribal Court Over Child Abuse

St. George News yesterday reported on a suit filed this week against the Mormon Church and several of its affiliates alleging that LDS leaders did not take adequate steps in the 1970's to protect Native American children from sexual abuse after they were placed in Mormon foster homes. The suit stems from "Indian Placement Program" or "Lamanite Placement Program" which operated from the late 1940's until around 2000 and took children from their Navajo homes in order to convert them to Mormonism. Plaintiff contends that the LDS Church workers told him to remain in his Mormon foster home in northern Utah until the end of the school year even though he complained that his foster father was sexually abusing him.  Interestingly the suit was filed in Navajo Tribal Court in order to avoid statute of limitations issues that would otherwise arise under Utah law. Three other Native American plaintiffs have previously filed similar lawsuits, beginning in March of this year.  Last week, the LDS Church filed suit in Utah federal district court to enjoin the Tribal Court from proceeding in those suits, arguing that Tribal Courts lack jurisdiction over  nonmember activity that occurred outside the reservation.

College Tennis Player Sues For Religious Discrimination

The Washington Times reports on a religious discrimination lawsuit filed last week in Idaho federal district court by a former player on the Idaho State University tennis team.  The suit also alleges negligence, infliction of emotional distress and other causes of action growing out of harassment of plaintiff Orin Duffin by his teammates and his coaches.  The complaint (full text) in Duffin v. Idaho State University, (D ID, filed 5/20/2016) alleges that when the team learned that Duffin was a Mormon, his coaches began to harass him, in part through inappropriate questions about sexual practices and his religious beliefs.  The harassment peaked after he told the team that he would be on his mission call in Taiwan the following school year. While the team was staying in Las Vegas, one of the coaches arranged a trip to a strip club, provided the team with alcoholic beverages, and sent two prostitutes to Duffin's room to tempt him. Duffin became the butt of jokes and comments after the Las Vegas trip.

7th Circuit: Valuable Copy of Book of Mormon Exempt In Bankruptcy Under Illinois Law

In In re Robinson, (7th Cir., Feb. 4, 2016), the U.S. 7th Circuit Court of Appeals, in a bankruptcy case, held that under Illinois law, a debtor's copy of a rare, first edition Book of Mormon is exempt from attachment by creditors.  The court held that the exemption in Illinois law, 735 ILCS 5/12-1001(a), for the debtor's bible does not limit the debtor to retaining only one bible, nor does it limit the exemption to a bible of a particular value. St. Louis Post-Dispatch reports on the decision.

Alumni Complain To ABA That BYU Law School Expels Mormon Students Who Leave The Church

The Salt Lake Tribune reported yesterday that the American Bar Association is investigating a complaint filed against Brigham Young University Law School by a group of its alumni calling themselves FreeBYU.  The group charges the law school with continued enforcement of provisions in its Honor Code that results in expelling Mormon students who leave the LDS Church while they are enrolled in law school.  Similarly the students are fired from their campus jobs and evicted from campus housing. (Background.)  The Honor Code applies as well to faculty.  FreeBYU says that the school's ban on homosexual behavior and sex-reassignment surgery also violates ABA anti-discrimination standards (ABA Standards for Approval of Law Schools, Standard 205).

Mormon Church Leaders Call For Legislation Protecting LGBT Rights and Religious Liberty

In a News Conference in Salt Lake City, Utah yesterday, leaders of the Mormon Church called for legislation protecting LGBT rights but also protecting religious freedom. (Full text of news conference.) (Summary of key points.) (Press release.)  Speaking at the news conference were Elders Dallin H. Oaks and Jeffrey R. Holland of the Church’s Quorum of the Twelve Apostles and Sister Neill F. Marriott of the Church’s Young Women general presidency. Introducing the news conference, Elder D. Todd Christofferson said:

To those who follow the Church closely and who are familiar with its teachings and positions on various social issues, it will be apparent that we are announcing no change in doctrine or Church teachings today. But we are suggesting a way forward in which those with different views on these complex issues can together seek for solutions that will be fair to everyone.

Oakes said in part:

Accusations of bigotry toward people simply because they are motivated by their religious faith and conscience have a chilling effect on freedom of speech and public debate. When religious people are publicly intimidated, retaliated against, forced from employment or made to suffer personal loss because they have raised their voice in the public square, donated to a cause or participated in an election, our democracy is the loser....

Today, state legislatures across the nation are being asked to strengthen laws related to LGBT issues in the interest of ensuring fair access to housing and employment. The leadership of The Church of Jesus Christ of Latter-day Saints is on record as favoring such measures. At the same time, we urgently need laws that protect faith communities and individuals against discrimination and retaliation for claiming the core rights of free expression and religious practice that are at the heart of our identity as a nation and our legacy as citizens.

The Salt Lake Tribune has more on the press conference.

Mormon Church Sues Canadian Sect Leader Over Name Misappropriation

The Vancouver Sun and Reuters reported last week that the Church of Jesus Christ of Latter Day Saints (the mainline Mormon Church) has filed suit against Winston Blackmore, leader of a polygamous Mormon sect headquartered in Bountiful, British Columbia for misappropriation of the trademarked name, identity and reputation of the mainline Church.  Blackmore, who headed the Canadian branch of the FLDS until he was excommunicated by leader Warren Jeffs, founded his own sect with followers comprised mostly of his extended family in British Columbia, Idaho, Utah and Arizona, and initially incorporated it as the Fundamentalist Church of Jesus Christ of Latter Day Saints. However he changed it in 2010 to eliminate the word "Fundamentalist."  The mainline church discovered this in January when, after changing the form of its Canadian branch from an Alberta trust to a corporation, it tried to register its name in British Columbia and had its application rejected.  Its filings in the B.C. Supreme Court indicate that the confusion has led to diversion of contributions intended for the mainline Church.

Dating Website Sues Mormon Church Over Intellectual Property Rights

Courthouse News Service reported yesterday on a lawsuit filed in federal district court in Texas by Jonathan Eller founder of "Mormon Match" against an affiliate of the Mormon Church. Mormon Match is planned as an LDS singles dating website. Before beginning operation of the dating service, Eller filed an application to trademark the name "Mormon Match."  Intellectual Reserve, Inc.-- the holder of the LDS Church's intellectual property rights-- began an an opposition proceeding before the Trademark Trial and Appeal Board claiming that the LDS Church has total ownership of the word "Mormon."  In response to that proceeding, Eller filed the current suit seeking a declaration that the LDS Church does not have exclusive rights to the word "Mormon" and seeking a temporary injunction to prevent Intellectual Reserve from "taking further action to interfere with Mormon Match's operation of the dating website, pending a decision on the merits of this action."

Appeals Court Finds Mormon Branch President Did Not Misuse His Police Department Credentials

In Fierro v. Park City Municipal Corporation, (UT Ct. App., March 27, 2014), the Utah Court of Appeals rejected the findings of the city's employee discharge appeal board that had upheld the firing of a member of the police department for misusing his police credentials.  Michael Fierro was president of a small local Mormon congregation (branch) as well as a member of the police department. When a member of his branch was arrested as a suspect in a child sex abuse case, Fierro visited him in jail in his Branch President role.  Fierro was dismissed for misusing his credentials to obtain the visit.  The appeals court found however that the evidence showed Fierro had fully disclosed his ecclesiastical role in visiting the jail. Courthouse News Service reports on the decision.

British Court Dismisses Fraud Charges Against President of Mormon Church

In Phillips v. Monson, (Westminster Magistrate's Court, March 20, 2014), a British magistrate's court set aside two summonses for fraud that were issued by the court last month ordering the president of the Church of Jesus Christ of Latter-day Saints to appear to answer to charges that seven specified teachings of the Mormon church violated Britain's Fraud Act 2006. The summons were issued on the complaint of a private citizen-- a former member of the Mormon church who runs a website critical of the church. (See prior posting.) In yesterday's decision, the court concluded that the essential elements of a fraud violation were not set forth in the information presented. The magistrate judge went on to find:

It is obvious that this proposed prosecution attacks the doctrine and beliefs of the Mormon Church, and is aimed at those beliefs rather than any wrong-doing of Mr. Monson personally.  The purpose is to use criminal proceedings to expose the false (it is said) facts on which the church is based.

.... To convict, a jury would need to be sure that the religious teachings of the Mormon Church are untrue or misleading.... No judge in a secular court in England and Wales would allow that issue to be put to a jury.  It is non-justiciable.

I am satisfied that the process of the court is being manipulated to provide a high-profile forum to attack the religious beliefs of others.  It is an abuse of the process of the court.

BBC News and Deseret News report on the decision. [Thanks to Austin Smith for the lead.]

European Court of Human Rights Upholds British Refusal To Treat Mormon Temple As Place of Public Worship For Tax Purposes

In Church of Jesus Christ of Latter Day Saints v. United Kingdom, (ECHR, March 4, 2014), the European Court of Human Rights, Fourth Section, held that Britain did not violate the non-discrimination provisions of Art. 14 of the European Convention on Human Rights, nor the freedom of conscience and religion provisions of Art. 9, when it held that a Mormon Temple was subject to a reduced tax rate as a place used for charitable purposes, but was not entitled to the full exemption from property taxes that is available to places of "public religious worship."  Entry to the Temple is limited to devout Church members who hold a "recommend" from the bishop. The Church's stake center, with its chapel, hall and ancillary rooms, on the same site had been granted the full exemption since entry to them was not limited. In finding no discrimination, the Court said in part:

To establish differential treatment, the applicant Church relied on the argument that, because of the nature of its doctrine, which holds that access to the temple should be restricted to its most devout members who hold a current “recommend”, the law ... provided a lower fiscal advantage to the Mormon Church than to such other faiths as to not restrict access to any of their places of worship.... [I]t is open to doubt whether the refusal to accord an exemption in respect of the applicant Church’s temple in Preston gave rise to any difference of treatment of comparable groups, given that the tax law in question applied in the same way to, and produced the same result in relation to, all religious organisations, including the Church of England in respect of its private chapels. Neither is the Court convinced that the applicant Church was in a significantly different position from other churches ... so as to call for differential treatment ..., since other faiths likewise do not allow access of the public to certain of their places of worship for doctrinal reasons.

Law & Religion UK reports on the decision. [Thanks To Paul DeMello, Jr. for the lead.]

British Court Issues Summons To Mormon Church Head Alleging Teachings Violate Fraud Act

In Britain last week, a Magistrate's Court issued two nearly identical summonses  (full text 1, 2) to Thomas S. Monson, president of the Church of Jesus Christ of Latter-day Saints, ordering him to appear before the court to answer to charges that seven specified teachings of the Mormon church violated Britain's Fraud Act 2006.  The Telegraph reported yesterday that the summonses stem from a little used procedure in which a private citizen who claims to have evidence that someone has committed a crime can ask a magistrate to summons the alleged violator to respond to charges. Here the private prosecution was filed by Thomas Phillips, a former Mormon who runs MormonThink, a website highly critical of the LDS Church. The summonses allege that Stephen Bloor, a former Mormon bishop, and Christopher Denis Ralph, a former convert, were misled by Mormon teachings to pay an annual tithe to the Church. Volokh Conspiracy discusses the case further.

Idaho Supreme Court: Mormon Church Owed No Special Duty To Child Injured At Church Organized Camp Out

In Beers v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (ID Sup. Ct., Nov. 26, 2013), the Idaho Supreme Court held that neither the Mormon Church nor various individual Ward members are liable for broken ankle suffered by a 13-year old girl in jumping from a bridge during a camp out organized by Ward members of the Church. The court held that there was no special relationship between the Church ("COP") or Ward members and the teenager ("Heidi") that imposed a duty of care to prevent foreseeable injury to the teen.  As to the Church's duty, the Court said:

We are unable to ascribe moral blame to the COP for this incident. We can, however, ascertain negative consequences to the community that would result from imposing a duty and resulting liability upon religious organizations to members of their faith. The result would be a powerful disincentive to organized fellowship activities. Thus, we decline to extend or create a new duty on the part of the COP toward Heidi.

AP reports on the decision.

Nevada Supreme Court Stays Out of Dispute Over Judge's Recusal For Religious Ties

On Nov. 8, the Nevada Supreme Court denied a Petition for Writ of Mandamus or Prohibition in Health Plan of Nevada v. District Court (Lynam).  As reported by the Las Vegas Review-Journal, in the case the Health Plan of Nevada was attempting to get the court to order trial court judge Douglas Smith back on a case in which Smith had recused himself.  In the case in which plaintiffs are suing over contracting hepatitis C from a doctor covered by the Health Plan HMO, the judge stepped out after plaintiffs claimed that the attorney representing the HMO held a position of authority over the judge in the Mormon Church.  The attorney,  Mark Hutchison (a state senator and candidate for lieutenant governor) was one of two counselors to the president of Red Rock Stake (one of the 38 districts into which the Mormon Church in Nevada is divided). The judge served as a counselor to the bishop of one of the congregations in Red Rock Stake. Health Plan argued that Hutchison had no direct authority over Judge Smith in the Church, and in any event Hutchison has now withdrawn from representing Health Plan so the conflict is eliminated.