Summary Contempt Finding For Wearing Religious Head Covering Reversed

Without reaching the free exercise issue, in State of New Jersey v, Graham, (NJ App., Aug. 12, 2014), the New Jersey Superior Court Appellate Division held that a municipal court judge acted improperly in summarily holding a defendant facing a disorderly persons charge in contempt.  As explained by an ACLU press release:

When Matthew Graham went before Egg Harbor City Municipal Judge William Cappuccio in Oct. 2013, the judge held Graham in contempt for not removing his hat, despite Graham’s explanation that he wore it for religious purposes. When Judge Cappuccio stated that he knew of no religion that required the wearing of a “ski cap,” Graham attempted to explain that he lacked the funds to travel to the store where he could purchase a more traditional religious cap.

On apppeal (after a battle over indigency status of the defendant), the appeals court in a brief order said:

We do not beleive that wearing of what the municipal judge called a "ski cap" during the proceeding, compelled invocation of the extraordinary judicial contempt powers to summarily adjudicate a defendant's conduct. A contempt proceeding on notice and an order to show cause was available to deal effectively with defendant's conduct, if warranted.

The ACLU's brief discusses the 1st Amendment issues involved.

Quebec Election Results Scuttle Controversial Parts of Proposed Charter of Quebec Values

In elections in the Canadian province of Quebec on Monday, Liberals won 70 of the 125 seats in the National Assembly. Party Quebecois (PQ) won only 30. As reported by CTV News, this loss for PQ derails much of its push for a Charter of Quebec Values that, among other things, would have barred public employees from wearing overtly religious symbols in the workplace. (See prior posting.) During the election,  Liberal Leader Philippe Couillard said that he opposed the ban on public sector workers wearing religious symbols. Speaking to reporters yesterday, Couillard said he would quickly address the issues raised by the proposed Charter, and hoped to find elements such as government neutrality and protection of religious rights on which there is general agreement.

Charter Affirming State Secularism Introduced Into Quebec Legislature

As previously reported, in August the ruling Parti Quebecois government in the Canadian province of Quebec announced its intention to introduce a secularist Charter of Quebec Values into the National Assembly.  Last Thursday it did so by introducing Bill 60, (full text) titled Charter Affirming the Values of State Secularism and Religious Neutrality and of Equality Between Women and Men, and Providing a Framework for Accommodation Requests.  Here is an excerpt from the Explanatory Notes summarizing the most important provisions of the bill:

Public bodies must, in the pursuit of their mission, remain neutral in religious matters and reflect the secular nature of the State. Accordingly, obligations are set out for personnel members of public bodies in the exercise of their functions, including a duty to remain neutral and exercise reserve in religious matters by, among other things, complying with the restriction on wearing religious objects that overtly indicate a religious affiliation. As well, personnel members of a public body must exercise their functions with their face uncovered, and persons to whom they provide services must also have their face uncovered when receiving such services.  The same rules apply to other persons, in particular to persons who exercise judicial functions, or adjudicative functions within the administrative branch, and to personnel members of the National Assembly.

Canadian Jewish Press reports on the concerns that various Jewish organizations have about the bill, including Section 38 that would allow the National Assembly to bar its members from wearing religious symbols.