Pro-Life Student Group Sues Over Denial of Recognition

Yesterday a pro-life student group filed a federal lawsuit against officials of Queens College in New York after the organization was denied registered student organization status.  The complaint (full text) in Queens College Students For Life v. Members of the City University of New York Board of Trustees, (ED NY, filed 1/25/2017), contends that the unbridled discretion given to the Campus Affairs Committee to deny registered student organization status (and its associated benefits, including funding from student activity fees) allows discrimination against organizations on the basis of viewpoint. ADF issued a press release announcing the filing of the lawsuit.

New York Trial Court Holds State's "Get" Law Unconstitutional In Some Applications

In an important decision handed down last week, a New York state trial court held unconstitutional, at least in some situations, the New York statutory provision allowing a divorce court to pressure a Jewish husband economically to give a Jewish religious bill of divorce ("get") to his wife.  Under New York's DRL §236B(6)(o), when a wife sues for divorce the court may consider her husband's maintenance of a barrier to her remarriage in deciding on distribution of marital property or the award of spousal maintenance.

In Masri v. Masri, (NY Sup Ct Orange Cty, Jan. 13, 2017), the court recognized that a previous state appellate case had upheld the constitutionality of the statutory provision where the husband has withheld a get to extract concessions from the wife in the matrimonial litigation. However the court distinguished the case before it from that precedent. The court said in part:

The withholding of a Get to extort financial concessions from one's spouse constitutes simony, i.e., an exchange of supernatural things for temporal advantage. When the husband himself so unambiguously subordinates his religion to purely secular ends, he may properly be said to have forfeited the protective mantle of the First Amendment, and the court may, quite rightfully and without constitutional hindrance, impose the secular remedies authorized by the Domestic Relations Law.

Here, however, there is not the slightest evidence that the Defendant has withheld a Get from Plaintiff to extract concessions in matrimonial litigation or for other wrongful purposes. According to Plaintiff's own evidence, Defendant has invoked religious grounds for refusing to cooperate in obtaining a Jewish religious divorce, i.e., that Plaintiff by going to secular court has waived her right to rabbinical arbitration concerning the Get....

... [I]n the circumstances presented here, increasing the amount or the duration of Defendant's post-divorce spousal maintenance obligation pursuant to DRL §236B(6)(o) by reason of his refusal to give Plaintiff a Jewish religious divorce or "Get" would violate the First and Fourteenth Amendments.... There is no evidence that the Defendant has withheld a Get to extract concessions ... or for other wrongful purposes. The religious and social consequences of which Plaintiff complains flow not from any impropriety in Defendant's withholding a "Get", but from religious beliefs to which Plaintiff no less than Defendant subscribes. To apply coercive financial pressure because of the perceived unfairness of Jewish religious divorce doctrines to induce Defendant to perform a religious act would plainly interfere with the free exercise of his (and her) religion and violate the First Amendment.

New York Law Journal reports on the decision.

Problems In NY Town Experiencing Explosive Growth of Hasidic Jewish Community

Yesterday's Lower Hudson Journal News carried a very long investigative report titled Ramapo Nears Breaking Point, documenting the dislocations and conflict created by "chaotic, high-density sprawl" in a Rockland County, New York town that has seen explosive growth of its ultra-Orthodox, primarily Hasidic, Jewish community.  Here are a few excerpts from the report on the town of Ramapo:

While unprecedented population growth and a clash of cultures — complete with accusations of favoritism, anti-Semitism, racism and corruption — are symptoms of the changes, the Ramapo story is really one of loose zoning, lax enforcement of fire and building codes, and largely unchecked, out-of-control development....

Often, unchecked expansion is marked by dubious construction methods and materials, such as housing additions made of plywood. Extensions and even new structures are frequently built toward the back of lots, with no street access for emergency vehicles or municipal records of what’s actually there....

Rockland County had the state's highest population percentage increase in 2014.... While demand for housing keeps developers busy — and property values high — the town’s tax base has been eroded by an ever-growing number of tax-exempt yeshivas and synagogues, among other factors.....

The fast and loose nature of Ramapo development receives tacit approval from local officials who critics say rubber-stamp permits and ignore code enforcement. Often, those officials receive campaign contributions from developers.

Surrounding communities in Rockland County are taking legal steps to control development in order to avoid becoming "the next Ramapo."

Suit Challenges Zoning Approval For Temporary Jewish School

A resident of Ramapo, New York filed suit in a state trial court earlier this month challenging the decision of the Ramapo Zoning Appeals Board which allowed an Orthodox Jewish congregation to convert a single family residence into a temporary school.  The Board relied on a provision of the zoning code that allows use of temporary modular trailers as classrooms for up to two years while obtaining approval to build a permanent school. The residence meets fire and building codes.  The complaint (full text) in Katz v. Town of Ramapo, (Rockland Cty Sup. Ct., filed 12/19/2016) contends that zoning authorities should have required the school to go through the procedures to obtain a special use permit, including a public hearing.  According to the Lower Hudson News, zoning officials say it would not make sense to require tearing down of the house and replacing it with temporary modular trailers, and that kind of burden could not be justified under RLUIPA.

Voting Fraud Indictments Are Latest In Battle Over Hasidic Development In NY Town

As reported yesterday by The Forward, since 2012 the village of Bloomingburg, New York has been embroiled in a battle over whether an ultra-Orthodox Jewish community would expand into the town:

To the Orthodox and their allies, resistance to new Jewish neighbors can look like anti-Semitism. To the non-Orthodox, the arrival of a Hasidic community, with its schools and its institutions and its rabbinic authority, can feel like an invasion.

In Bloomingburg, local governments and an Orthodox developer have faced off in court, and in raucous village meetings, amid a volley of accusations of voter fraud and hate crimes.

The Forward article traces what appeared to be the success of Satmar Hasidim in expanding into the village. (See prior Religion Clause postings on Bloomingburg.) However yesterday, the U.S. Attorney's Office for the Southern District of New York announced the indictment (full text) of three men on charges of conspiracy to corrupt the electoral process in Bloomingburg in order to obtain clearance to build a housing development for members of the Satmar community:

In pursuit of millions of dollars in profits from a real estate development project, the defendants allegedly hatched a cynical ploy to corrupt the electoral process in Bloomingburg.  As alleged, to get public officials supportive of their development project elected to local government, the defendants concocted a scheme to falsely register voters who did not live in Bloomingburg, including some who had never even set foot there.  And to cover up their voter fraud scheme, the defendants allegedly back-dated fake leases and even placed toothpaste and toothbrushes in empty apartments to make them appear occupied by the falsely registered voters.  Profit-driven corruption of democracy cannot be allowed to stand no matter who does it or where it happens.

One of those indicted was developer Shalom Lamm whose father, Norman Lamm served for many years as president of Yeshiva University. The Forward reports on the indictments.

A fourth man was indicted and has pleaded guilty to charges of conspiracy to submit false voter registrations. (Full text of Information.)

2d Circuit Rejects Teacher's Suit Over Classroom Religious Displays

In Silver v. Cheektowaga Central School District, (2d Cir., Nov. 7, 2016), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by a Christian high school science teacher who was told to remove her classroom display of several Bible verses, other statements about God and a picture of three crosses on a hill. She was also told to prevent guest speakers from promoting religion religiously-themed postings from her classroom. (See prior posting.) The appeals court rejected the teacher's free speech, establishment clause and equal protection clause challenges. The Buffalo News last week reported on the decision.

NY Town Settles Construction Dispute With Sikh Temple

According to NBC News, on Wednesday a settlement agreement between the Town of Oyster Bay, New York and the Guru Gobind Singh Sikh Center was filed with a federal district court. The Sikh Temple had sued under RFRA claiming that the town's stop work and environmental review orders were issued to appease residents who are hostile to the temple and its worship. (See prior posting.) Under the settlement the temple agreed to make certain construction changes and the town board agreed that it would no longer be authorized to serve as the oversight committee for the site plan approval process.

NY Municipalities Settle Discrimination Suit Against Them Alleging Anti-Hasidic Bias

JTA reports that the upstate Village of Bloomingburg and the Town of Mamakating, New York have reached a settlement with a developer who sued claiming that the municipalities engaged in an anti-Semitic conspiracy to prevent more Hasidic Jews from moving into the area. The lawsuit filed in 2014 (see prior posting) claimed, among other things, that the municipalities violated the fair housing and civil rights laws in blocking the completion of a 396-unit townhouse project out of fear that would be occupied mostly by Hasidic families. Under the settlement, the developer's company Sullivan Farms II will be be paid by the municipalities' insurer $1.595 million on behalf of  Mamakating and $1.305 million on behalf of Bloomingburg.

Court Allows Suit Against Catholic Order and Diocese Over Pedophile Priest To Continue

In Doe v Congregation of the Mission of St. Vincent De Paul in Germantown, (Queens Cty. NY Sup. Ct., Sept. 13, 2016) a New York trial court in a decision published only this week refused to dismiss negligent hiring and retention, negligent training and supervision, and fraudulent concealment claims against the Vincentian Order and the Roman Catholic Diocese of Rockville Centre. The suit revolves around a priest, Augusto Cortez, who in 2009 was placed on 6 years' probation under a Personal Safety Plan administered by the Vincentians after he pleaded guilty to forcible touching of a 12 year old Brooklyn girl. Plaintiffs in this case allege that Cortez abused their young daughter beginning as early as 2009 (when she was 2 years old) and continuing until 2014 when the abuse was discovered. Cortez fled the country after being questioned by police about the allegations. A New York Times report when the suit was filed in 2015 elaborates:

After [Cortez's] arrest in 2008 ... the plaintiff’s mother sought the counsel of a priest of Mr. Cortez’s order who worked at a parish church in the Diocese of Rockville Centre. He told her that whatever had transpired between Mr. Cortez and the girl in Brooklyn “was just an accident”.... The girl’s mother accepted the priest’s interpretation, the lawsuit said, and “believed it was safe for her and her family” to continue their friendship with Mr. Cortez, who, like the girl’s parents, are from Guatemala.

New York's Tax Exemptions For Religious Property Are Growing

The Lower Hudson Journal News this week is running a series on New York's tax exemption policy. An overview of the series reports in part:

Statewide: Thirty-one percent of New York's land value is tax exempt. Of its $2.8 trillion in land value, about $866 billion of it never gets billed.

Religious groups: The value of religious groups' land bypassed for taxation has nearly doubled from $14 billion to $26 billion between 1999 and 2015. Rochester (568 properties worth $141 million) and Ramapo (523 properties worth $265 million) are among the top five communities with the highest number of tax-exempt religious nonprofit properties in the state.

Yesterday's installment titled New York religious property tax breaks soar heavenward reports in greater detail on the increased amount of property receiving tax exemptions because of use by non-profit religious institutions.

Settlements Revealed In Abuse Cases Against Jewish School

A suit filed last week in state court in New York reveals information about the previously secret settlements by an Orthodox Jewish school in two cases of sexual abuse dating back to the 1970's. The Gothamist and the New York Post report that the settlements totaling $2.1 million were reached in 2014 with two plaintiffs who were abused as young boys by Rabbi Joel "Yehuda" Kolko who was kept on for 25 years as a teacher at Yeshiva Torah Temimah in Brooklyn. The settlements came to light when the victims now filed suit for $1 million of the promised settlements that have not been paid. It has been alleged that Rabbi Kolko had abused numerous other students, though an internal investigation by the school rejected the claims. In 2012 in a plea agreement, Kolko pleaded guilty to two misdemeanor counts of child endangerment.

Defrauded Church's Conversion Claim Against Bank Is Dismissed

In Mt. Hope Universal Baptist Church, Inc. v. Bowen, (NY Kings Cty. Sup. Ct., Oct. 14, 2016), a New York state trial court dismissed a conversion claim brought by a church that was defrauded out of the proceeds of a life insurance policy.  In 1976, Rosetta Goodridge was the founding member of Mt. Hope Baptist Church.  She died in 2009, leaving a life insurance policy that named the church as beneficiary.  Goodridge's daughters and granddaughters fraudulently opened a bank account at Citibank in the name of Mt. Hope.  They then filed a claim with the insurance company and received the proceeds of the policy.  Among other claims, the church sued Citibank for conversion.  The court dismissed the action, holding that because Mt. Hope never had actual or constructive possession of the check, it had no cause of action for conversion. The court also held that the insurance company does not have a valid claim against Citibank for contribution.

No Religious Exemption To Immunization Requirements For Merely Moral Objections

In Watkins-El v. Department of Education, (ED NY, Oct. 6, 2016), a New York federal district court refused to grant a preliminary injunction, upholding a New York school's denial of a religious exemption from immunization requirements for plaintiff's children. An exemption is available only for "genuine and sincere religious beliefs...." The court said in part:

Although plaintiff asserts that his religion is "Islamism" and that he is a Moor, he does not claim that the tenets of Islamism or Moorish culture prohibit vaccinations.... Instead, Plaintiff bases his opposition on the assertion that these vaccines contain "monkey cells, pork derivatives, and aborted human fetuses," which Plaintiff's religion dictates he cannot consume.... Plaintiff's opposition to these substances may be genuine and sincere, but he has not demonstrated that it stems from a religious, rather than simply moral, belief.... Furthermore, Plaintiff presents no evidence that these vaccines in fact contain the substances to which he objects.

New York Archdiocese Creates New Victim Compensation Fund

AP reports that on Thursday New York's Catholic Archbishop, Cardinal Timothy Dolan, announced a new compensation alternative for victims of clergy sex abuse.  The Archdiocese has established a new fund that will be administered by attorney Kenneth Feinberg who managed the federal 9-11 compensation fund.  For those who received compensation, records of the abuse and the Church's response to it will remain private unless disclosed by the victim. Those with pending abuse claims will have until Jan. 31 to apply for compensation.  Beginning Feb. 1, victims who have not yet filed claims will be able to apply to the fund. [Thanks to Tom Rutledge for the lead.]

Limit On Parolee's Ability To Attend Church Is Too Broad

In United States v. Hernandez, (ED NY, Sept. 20, 2016), a New York federal district court held unconstitutional a condition of supervised release limiting church attendance that was imposed on defendant after he completed 4 years in prison for receiving child pornography.  Defendant, a 38-year old man, was not permitted to attend church services where minors are present. The court said that this totally prevents him from attending the church of his choice with his father. The court concluded:

Defendant has a right to attend church services. Preventing him from going to his place of worship because the services are also attended by minors unnecessarily burdens that right. It is reasonable to apply a condition that defendant not physically touch minors while attending church services, unless doing so is a part of his religious obligation.... This condition is narrowly tailored. It strikes the necessary balance of allowing defendant to exercise his freedom to associate and participate in religious services, while protecting minors.

Suit Seeks $25M Damages For Islamophobic Bullying of Special-Needs 12-Year-Old

Islip Patch reports on a federal court lawsuit filed Monday by the parents of a 12-year old Muslim special needs student alleging that he was the victim of Islamophobic harassment by fellow-students and school personnel of the East Islip, New York School District. According to the complaint, Nashwan Uppal (whose family is from Pakistan) was bullied by a group of students who called him a terrorist and asked him what he was going to blow up next. Thinking "terrorist" meant "tourist," Uppal eventually said he was going to blow up the fence.  The next day Uppal was interrogated by the principal and assistant principal who searched his backpack and locker and demanded that he write a confession that he was part of ISIS. Subsequently he was questioned by police while his mother waited outside the school.  New York Post adds:

Officials eventually let [Uppal] call his mother, Nubaisha Amar, who was told her son had pledged allegiance to ISIS and was going to blow up the school. Cops escorted mother and son back to their home before searching the entire house and concluding he was no threat. But Uppal was suspended for a week for “criminal activity.”

The suit seeks $25 million in damages for severe and extreme emotional distress.

Sikh Center Sues Under RLUIPA After Work On New Temple Is Ordered Stopped

NBC News reports on a federal lawsuit filed in the Eastern District of New York last week by the Guru Gobind Singh Sikh Center against the Town of Oyster Bay, New York.  In July-- almost 17 months after approving the Center's site plan for its new gurdwara-- the town issued a stop work order and ordered an environmental review, saying that the construction departed from the site plan. Claiming that the town's actions were taken to appease some residents who are hostile to the temple and its worship, the suit alleges violations of RLUIPA as well as the 1st and 14th Amendments. The new building, which replaces an older one that was on the same site, is already 82% complete. The Center has spent over $3 million on construction and on costs subsequent to the stop work order.

New York Legislature Punts On Extending Statute of Limitations For Child Sex Abuse Claims

As reported by the New York Daily News, the New York legislature adjourned for the year early last Saturday morning without taking action on a pending bill, the Child Victims Act, that would have extended the statute of limitations for child sexual abuse claims by 5 years, created a 6-month window for currently stale claims, and treated suits against public and private entities alike. Bill Donohue, president of the Catholic League for Civil and Political Rights, said in a statement posted yesterday that he is proud of his organization's role in preventing enactment of the law, arguing in part:

If the statute of limitations were lifted on offenses involving the sexual abuse of minors, the only winners would be greedy and bigoted lawyers out to line their pockets in a rash of settlements. The big losers would be the poor, about whom the attorneys and activists care little: When money is funneled from parishioners to lawyers, services to the needy suffer.

Suit Seeks To Have Archbishop Sheen's Remains Moved To Illinois

Last Monday, the niece of the late Archbishop Fulton J. Sheen filed suit in a New York state trial court seeking to have Sheen's body, which is now buried in St. Patrick's Cathedral in New York City, disinterred and moved to a cathedral in Peoria, Illinois.  Sheen was ordained as a priest in Peoria.  He was the host of a widely watched award-winning television show titled Life Is Worth Living broadcast in the 1950's. Sheen served as Auxiliary Bishop of New York from 1951 to 1966.  He died in 1979.

Sheen is about to be beatified by the Vatican-- a step toward Sainthood.  The Beatification Ceremony will take place in Peoria since Peoria's Bishop Daniel Jenky was the Promoter for the Cause of Sainthood for Sheen.  According to the New York Times, New York church officials object to moving the remains, saying that it was Sheen's personal wish to be permanently buried beneath the high altar of St. Patrick’s Cathedral. They are apparently willing however to allow Sheen's remains to be moved temporarily to Peoria for the Beatification Ceremony, but then returned to New York.  The complaint (full text attached to press release) in Cunningham v. Trustees of St. Patrick's Cathedral, (Sup. Ct. NY County, filed 6/13/2016), contends that:

if Archbishop Sheen knew during his lifetime that he would be declared a Saint of the Roman Catholic Church that it would have been his wish that his remains be interred in St. Mary's Cathedral in Peoria.... St. Mary's was the church he attended with his family as a youth and where he made his first Holy Communion.

(See prior related posting.) As an aside, perhaps reflecting a deficient spell check program, the complaint (as opposed to the press release attached to it) consistently refers to Sheen's upcoming "Beautification" rather than "Beatification."

Court Says Suit Over Church Member's Trespassing Ban Should Be Dismissed

In Towns v. Cornerstone Baptist Church, 2016 U.S. Dist. LEXIS 77575 (ED NY, June 13, 2016), a New York federal magistrate judge recommended dismissing with prejudice the third amended complaint in a lawsuit by a long-time member of Cornerstone Baptist Church against the church, its pastor, the New York Police Department and others.  Plaintiff claimed that his rights were violated when, because of a dispute about church governance and programming, he was banned by the church from entering its property.  In a letter the church threatened him with arrest for trespassing if he attempted to enter church property. Among other things, the judge concluded that this was a non-justiciable religious controversy and that there was no joint action between the church and police officials, saying in part:

Although plaintiff has the right to worship how he chooses, Cornerstone's decision to ban him from its property is not a violation of his constitutional rights.

The court also rejected plaintiff's conspiracy and retaliation claims.