Religion Clause

Tuesday, December 10, 2013

Suit Seeks Release of Files of Former Duluth Priests Accused of Abuse

According to the Duluth News Tribune, a Minnesota state court lawsuit was filed yesterday against the Catholic Diocese of Duluth on behalf of a John Doe plaintiff who says he was abused in the 1970's by Father Robert Klein, now deceased. A statement by the Diocese in response to the filing of the lawsuit says that there are several publicly known substantiated allegations against Klein, but the allegations in the lawsuit are new. The lawsuit claims that the Diocese was negligent in allowing sexual abuse to continue, and that it has created a nuisance by not releasing information about accused priests. The suit asks for release of the names and files of 17 former priests who were identified in a 2004 report as having credible allegations against them. The Diocese says that the 2004 list is imperfect, and that no priests with known accusations of sexual abuse of minors are active in the ministry in the Diocese.

Festivus Beer Can Pole Will Share Florida Capitol Rotunda With Nativity Display

In Florida, the state's Department of Management Services allows private individuals and groups to set up temporary displays in the Capitol building, so long as they go through an application process and meet certain guidelines. The Orlando Sentinel reported yesterday that the Department has approved an application by an ACLU member to set up a 6-foot tall "Festivus" pole made from empty beer cans in the Capitol rotunda where display of a nativity scene has already been approved. The Department of Management Services website lists the many different displays that have been approved currently and for the coming months. They include a Free Thought banner already set up by the Freedom From Religion Foundation. Pam Olsen, president of the Florida Prayer Network, said of the display honoring the Seinfeld- created Festivus holiday: "[T]hey have a right to exercise freedom of speech, that's what America is about. It doesn't faze me, it doesn't faze the God I serve." [Thanks to Eduardo Penalver via Religionlaw for the lead.]

Polish Appellate Court Refuses To Order Removal of Cross Hanging In Parliament

In Poland yesterday, the Court of Appeal in Warsaw dismissed a suit by members of Your Movement party, a liberal Polish political party, seeking to have a cross which hangs in the Plenary Hall of the Sejm (lower house of Parliament) removed. Polskie Radio reports that challengers, invoking both the Polish constitution and EU directives, argued that that the presence of the cross violates their rights to freedom of conscience and religion. In rejecting their challenge, the court said: "The cross is a religious symbol, but its importance as a symbol of national identity and culture cannot be ignored." The court's press release on the decision (in Polish) is available online. The head of Your Movement says that they will appeal the decision to the European Court of Human Rights. (See prior related posting.)

Report On Treatment Of Non-Believers Released For Human Rights Day

Today is United Nations Human Rights Day. To mark the day, the International Humanist and Ethical Union issued a report Freedom of Thought 2013: A Global Report on the Rights, Legal Status, and Discrimination Against Humanists, Atheists, and the Non-Religious. (Full text.) Here is an excerpt from the Introduction to the 244-page report:

Freedom of Thought 2013 is the first report to look at the rights and treatment of the non-religious in every country in the world. Specifically, it looks at how non-religious individuals—whether they call themselves atheists, or agnostics, or humanists, or freethinkers or are otherwise just simply not religious—are treated because of their lack of religion or absence of belief in a god. We focus on discrimination by state authorities; that is systemic, legal or official forms of discrimination and restrictions on freedom of thought, belief and expression.....

Our results show that the overwhelming majority of countries fail to respect the rights of atheists and freethinkers. There are laws that deny atheists’ right to exist, revoke their right to citizenship, restrict their right to marry, obstruct their access to public education, prohibit them from holding public office, prevent them from working for the state, criminalize their criticism of religion, and execute them for leaving the religion of their parents. In the worst cases, the state denies the rights of atheists to exist, or seeks total control over their beliefs and actions.

Reuters reports on the study.

Monday, December 09, 2013

White House Holiday Page Now Up On Its Website

The White House has launched its 2013 Holiday Page on its website. It includes videos of White House holiday events, suggestions for crafts projects, and social media postings from White House guests about their holiday experiences. The White House is also featuring an invitation for those who interact with it regularly on Twitter, Instagram and Pinterest to register for a chance to attend an in-person White House Holiday Social on Dec. 16.

Satanists Propose Monument On Oklahoma Capitol Grounds

In 2009, the Oklahoma legislature approved the display of a privately financed Ten Commandments monument on the State Capitol grounds. (See prior posting.) Now the New York-based Satanic Temple has notified the Oklahoma State Capitol Preservation Commission that it also wants to donate a monument for the Capitol grounds. AP reported yesterday that the Satanic Temple says its monument will be "in good taste and consistent with community standards." It will pay "homage to the historic/literary Satan." [Thanks to Joel Sogol via Religionlaw for the lead.]

UPDATE: Others seem to have similar ideas. In a Dec. 10 press release, the Universal Society of Hinduism said it plans to apply to Oklahoma State Capitol Preservation Commission for permission to place a statue of Lord Hanuman in the statehouse grounds.

Arizona Indian Tribes Seeking To Block Paris Auction Of Sacred Items

According to AFP, in France on Friday a Paris court dismissed a lawsuit attempting to stop today's auction of 25 sacred objects from the Hopi and San Carlos Apache tribes in Arizona. The judge wrote: "while the sale of these cultural objects can constitute an affront to the dignity of the Hopi tribe, this moral and philosophical consideration does not in itself give the judge the right to suspend the sale of these masks which is not forbidden in France." On Saturday, the U.S. Embassy in Paris issued a press release stating that it had delivered a letter to the EVE auction house on behalf of the two Indian tribes requesting a delay in the auction scheduled for Dec. 9-10 so that the tribes "might  have  the opportunity  to  identify  the  objects,  investigate  their  provenance  and  determine whether  they  have  a  claim  to  recover  the  items  under  the  1970  UNESCO Convention  on  the  Export  and  Transfer  of  Ownership  of  Cultural  Property,  to  which  France  is  a  signatory,  or  under  other  laws."

UPDATE: AP reports that the EVE auction house went ahead with the sale of the objects, saying that their action is legal under French law. One of the masks being auctioned was purchased by the Hopi's French lawyer who intends to return it to the tribe.

Guardian For Amish Girl's Medical Decisions Seeking To Withdraw

In Akron, Ohio, a court-appointed guardian for an 11-year old Amish girl with leukemia is seeking court approval to withdraw from the case. AP reports that the guardian, an attorney and registered nurse, has decided to drop her attempt to force the girl to resume chemotherapy treatments since she no longer knows where the girl is and cannot monitor her condition. The girl's parents decided to stop the chemotherapy, believing that it was making her sick and would ultimately kill her. They went into hiding with the girl after a state appeals court (see prior posting) upheld the appointment of the guardian. The parents are treating the girl with herbs and vitamins. Doctors at Akron Children's Hospital say that the girl's leukemia is treatable, but that she will die within a year unless chemotherapy is resumed.

Hindu Priest Charged In Georgia With Bankruptcy Fraud, Money Laundering

In Atlanta, Georgia last Wednesday, the former priest of a Norcross (GA) Hindu temple and the temple's former CEO were arraigned on federal charges of conspiracy, bankruptcy fraud, money laundering and obstructing justice. According to the Dayton (OH) Daily News, prosecutors charge that the priest, Annamalai Annamalai, a native of India who also goes by the name Dr. Commander Selvam, fraudulently concealed property belonging to the Hindu Temple and Community Center of Georgia, Inc. from its court-appointed bankruptcy trustee. The indictment charges that the priest funneled over $1 million of Temple money to his own and his family's accounts and businesses, as well as to various priests.

Sunday, December 08, 2013

Pakistan Supreme Court Issues Orders In Hajj Corruption Case

In Suo Moto Case No. 24 of 2010, (Pak. Sup. Ct., Dec. 6, 2013), a 3-judge bench of the Pakistan Supreme Court handed down a decision in the long-running case involving massive corruption in the arrangements for Pakistani Hajj pilgrims for the year 2010. the court held:

(i) Federal Investigation Agency is directed to probe into the matter in depth and determine as to whether the extra amount charged by the authorities has been reimbursed to the Hujjaj or not?

(ii) Strict measures should be adopted in future in order to avoid such like incidents of corruption in Hajj arrangements, whereby not only the pilgrims had been looted but also it had brought a bad name to the country.

(iii) The Government should issue the guidelines regarding the Hajj arrangements including hiring of buildings for providing accommodation to Hujjaj as well as transportation and other facilities during Hajj.

(iv) The FIA is directed to take strict action against all those persons including politicians, officers and others in echelons of power, who interfered with and hampered the investigation....

(v) The amount of Rs.5000/- charged by the Hajj Tour Operators from each Haji in excess of the actual amount be refunded to them.

Reporting on the decision, the Express Tribune explained:

Former Federal Minister for Religious Affairs Syed Hamid Saeed Kazmi, former director-general Hajj affairs Rao Shakeel and former additional secretary to ministry of religious affairs Raja Aftabul Islam were accused of being involved in widespread corruption. They were accused of renting residential buildings for Pakistani pilgrims in Saudi Arabia at exorbitant rates and inflicting a loss of a billion rupees to the national exchequer.

(See prior related posting.)

Interview Published With New U.S. Ambassador To The Vatican

Last week Zenit published an interview (Part 1, Part 2) with Ken Hackett, the new U.S. ambassador to the Holy See. Hackett, among other things, talked of his background, his goals as ambassador, and discussed the controversy surrounding the moving of the U.S. embassy from its original location to a site near the U.S. embassy to Italy. (See prior posting.)

Unofficial English Translation of Egypt's New Draft Constitution Now Available

An unofficial English translation of Egypt's new draft Constitution is now available from Eman Nabih's blog. (Note the translation begins about 10 paragraphs down in the linked blog post.) The translation does not include a long Preamble that appears in the Arabic version. Here are the articles most relevant to religion and state issues:

Article (1): Arab Republic of Egypt is a sovereign state, united and indivisible, a democratic republic, based on citizenship and the rule of law. Egyptian people is part of the Arab nation and work on integration and unity, and Egypt is part of the Islamic world, belong to the African continent, and is proud of its spillover Asia, and contribute to the building of human civilization.

Article (2): Islam is the state religion, and Arabic is its official language, and the principles of Islamic Sharia are the main source of legislation.

Article (3): The principles of the laws of the Egyptian Christians and Jews’s legislation are the main source of legislation governing their personal status and their religious affairs, and the choice of their spiritual leaders.

Article (7): Al-Azhar is Islamic scientific independent institution, exclusively specializing to carry on all his affairs, which is the main reference in religious sciences and Islamic Affairs, and is in charge of advocacy and dissemination of the religion science and the Arabic language in Egypt and the world. The State is committed to provide sufficient funds to achieve its objectives. Sheikh of Al-Azhar is independent and non-insulated, and the law regulates his nomination among the members of the senior scientists.

Article (10): family is the basis of society, founded on religion, morality and patriotism, and the state is keen on the cohesion and stability and the consolidation of its values.

Article (11): The State ensures the achievement of equality between women and men in all civil, political, economic, social and cultural rights in accordance with the provisions of the Constitution. The State takes measures to ensure the representation of women are adequately represented in parliaments as prescribed by the law, and ensures women’s right to hold public office and functions of senior management in the country and recruitment in agencies and judicial institutions, without discrimination against them. The State is committed to the protection of women against all forms of violence, and to ensure the empowerment of women to reconcile family duties and work requirements. The State also is committed to provide care and protection of motherhood, childhood and women-headed households and the elderly and women most in need.

Article (24): Arabic language, religion and national history in all its stages are basic materials in the Pre-University public and private education. Universities operate on the teaching of human rights, values and professional Scientific ethics disciplines.

Article (50): Egypt heritage of civilization, culture, moral and material in all its diversity and grand stages, ancient Egyptian, Coptic, and Islamic, national and humanely wealth is the commitment of the state to maintain it and protect it, as well as the balance of contemporary architectural cultural, literary and various artistic and its diversity, and the attack on any of this is a punishable crime by the law. The state pays special attention to maintain the components of cultural pluralism in Egypt.

Article (64): Freedom of belief is absolute. And the freedom of religious practice and the establishment of houses of worship to the owners of the heavenly religions, the right to be regulated by the law.

Article (65): Freedom of thought and opinion is guaranteed. Everyone has the right to express his opinion by saying, or writing, or photography, or other means of expression and publication.

(Article 74): The citizens have the right to form political parties, to be notified and regulated by the law. And may not be engaging in any political activity, or do political parties based on religion, or on the basis of discrimination on grounds of sex, origin, or on the basis of sectarian or geographic, or exercise hostile activity to the principles of democracy, or a secret, or a nature military or quasi-military. Parties not to be dissolved without a court order.

Article (244): The State works to represent the youth and Christians and persons with disabilities and Egyptian living abroad appropriately in the first elected Deputies Council after this constitution is adopted, so as prescribed by the law.

See prior related posting.

Recent Prisoner Free Exercise Cases

In Hilley v. Humes, 2013 U.S. Dist. LEXIS 169577 (SD GA, Dec. 2, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 169794, Aug. 20, 2013) and dismissed an inmate's complaint that Sunday morning Baptist church services were sometimes being cancelled or cut short.

In Chambers v. Harner, 2013 U.S. Dist. LEXIS 170591 (SD IL, Dec. 3, 2013), an Illinois federal district court permitted an African Hebrew Israelite inmate to proceed with his complaint that he was denied a kosher diet and religious reading materials, and that his dietary request was handled differently because of his race.

In Vega v. Rell, 2013 U.S. Dist. LEXIS 170835 (D CT, Dec. 4, 2013), a Connecticut federal district court held that defendants had qualified immunity on a Muslim inmate's complaint regarding administration of a program to purchase holiday food packages, but did not have immunity on complaints regarding identification of commissary items as Halal,"serving of non-Kosher, non-halal cheese on the common fare menu, and failure to clean rugs used for prayer. The court also held that damages are not recoverable under RLUIPA.

In Nji v. Heath, 2013 U.S. Dist. LEXIS 171112 (SD NY, Dec. 2, 2013), a New York federal district court permitted an Episcopalian inmate to proceed against one of the defendants on his complaint that his request to be let out of keeplock to attend Christmas services was denied.

In Woods v. Adams, 2013 U.S. Dist. LEXIS 171178 (EDCA, Dec. 4, 2013), a California federal magistrate judge ordered plaintiff to file a new complaint clarifying his "mishmash"of claims. Among the claims were ones that his free exercise rights were infringed when he was denied a kosher meal and was prevented from wearing his kippah at all times.

In Jack-Bey v. Tribley, 2013 U.S. Dist. LEXIS 171315 (WD MI, Dec. 5, 2013), a Michigan federal district court permitted an inmate who was a member of the Moorish Science Temple of America to proceed with his free exercise complaint that he was barred from entering the prison law library with religious reading material.

In Hoeck v. Miklich, 2013 U.S. Dist. LEXIS 171648 (D CO, Dec. 5, 2013), a Colorado federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 171645, Nov. 7, 2013) and dismissed without prejudice complaints by an inmate who is a member of the Church of God that defendants deprived him of meals to observe holy days and feasts, a place for worship, the right to observe his Holy Sabbath without retaliation, and religious objects (including a Hymnal) needed to follow doctrines of "Biblical Christianity."

Saturday, December 07, 2013

Texas Group Promotes Acnowledgement of Christmas In Public Schools

Today's Fort Worth Star-Telegram reports on the Merry Christmas Texas project launched by the non-profit group Texas Values. Building on the so-called Merry Christmas Law passed by the Texas legislature earlier this year (see prior posting), the project is billed as "a state-wide effort to educate and protect the acknowledgement of Christmas in public schools and ensure the religious liberty of children, parents, teachers, and school administrators." It includes radio ads in the four largest media markets in the state, and a fact sheet on the new law.

Colorado Civil Rights Commission Initial Decision Holds Bakery Violated Law In Refusing Cake For Same-Sex Wedding

In Craig v. Masterpiece Cakeshop, Inc., (CO Civ. Rts. Commn., Dec. 6, 2013), an Administrative Law Judge for the Colorado Civil Rights Commission held that a bakery and its owner illegally discriminated against a same-sex couple on the basis of sexual orientation in refusing to sell them a wedding cake. The bakery owner claimed that creating cakes for same-sex weddings violates his religious beliefs. The ALJ held that the refusal violated the public accommodation anti-discrimination ban in C.R.S. Sec. 24-34-601(2), rejecting the argument that the refusal was not "because of" the couple's sexual orientation.

The ALJ also rejected respondents' claims that requiring them to prepare the cake would violate their free speech and free exercise rights protected by the U.S. and Colorado constitutions. The ALJ held that this would not amount to compelled speech, saying that the bakery owner "was not asked to apply any message or symbol to the cake, or construct the cake in any fashion that could be reasonably understood as advocating same-sex marriage." Also any impact on free speech "is 'plainly incidental' to the government's right to regulate objectionable conduct." The ALJ rejected respondents' free exercise claim, finding that the anti-discrimination law is neutral and of general applicability.

The ALJ's initial decision may be appealed to the full Civil Rights Commission (Commn. Rule 10.13), and from their to the state court of appeals (C.R.S. Sec. 24-24-307). The ACLU issued a press release announcing the decision. Fox News and AP report on the decision. [Thanks to Alliance Alert for the lead.]

Friday, December 06, 2013

Donors Sue Kabbalah Centre Claiming Fraud

The Forward reports that on Nov. 27, a suit was filed in Los Angeles County (California) Superior Court against the Kabbalah Centre by two sets of plaintiffs alleging fraud and misuse of hundreds of thousands of dollars they gave to the charity. Plaintiffs claim they were told their donations would go toward a new Kabbalah Centre building in San Diego and for a children’s charity, but the building was never built and the charity ceased operations. The controversial Kabbalah Center has attracted well known Hollywood celebrities as followers.

White House Promotes Its International Human Rights Agenda

The NGO Human Rights First convened its second-annual "Human Rights Summit: American Ideals. Universal Values" on Dec. 4 and 5. Among the speakers at the event held at the Newseum in Washington, D.C. was President Obama's National Security Adviser, Susan E. Rice. Her wide-ranging speech (full text) included only two specific references to U.S. concerns about religious freedom or religious conflict. She condemned the Chinese for denying fundamental freedoms to ethnic and religious minorities such as Tibetans and Uighurs. She also called for national reconciliation in Bahrain, discouraging actions that sharpen religious divisions there.

On Wednesday, the White House issued a Fact Sheet providing further details on the Administration's international human rights agenda, including a section on religious freedom initiatives:

The Department of State manages approximately $10 million in foreign assistance programs to promote religious freedom, which includes current efforts to remove discriminatory and hateful material from Middle Eastern textbooks, promote greater awareness of intolerance and the plight of religious minorities globally, and hold discussions with the Pakistan government, civil society, and the religious community on issues such as curriculum reform in the public and madrassa education systems. The State Department also implements programs to support the Human Rights Council resolution on combatting discrimination and religious intolerance, while protecting the freedoms of religion and expression. The program assists governments in training local officials on cultural awareness regarding religious minorities and on enforcing non-discrimination laws.....

... U.S. officials press foreign governments at all levels to advance religious freedom, including through advocacy on specific cases, such as the case of Saeed Abedini - an Iranian-American pastor imprisoned in Iran - and Rimsha Masih - a Christian child accused of blasphemy in Pakistan.

...[T]he United States has developed a strategy that encourages U.S. government officials to develop and deepen their relationships with religious leaders and faith communities as they carry out their foreign policy responsibilities....

White House Hosts Two Hanukkah Receptions As the Holiday Ends

As Hanukkah was ending yesterday late afternoon and evening, President Obama hosted two separate Hanukkah receptions at the White House. The White House has posted the full text of the President's remarks at the first of the receptions, many of which focused on the unusual overlap of Thanksgiving and Hanukkah. Navy lieutenant Rabbi Amanda Lurer gave a rather tactful introduction to her lighting of the Hanukkah menorah-- a day later than the last candle was to be lit according to Jewish law. She said:

Hanukkah formally ends tonight as the sun goes down this evening. But it will always be appropriate for us as we gather to remind ourselves and the world of the meaning of this holiday.

She also recited only two of the three traditional blessings over the Hanukkah candles, omitting the one praising God for commanding the lighting of Hanukkah candles-- since there is no commandment they be lit at the holiday's end.

UPATE: The White House has now posted the full text of the President's remarks to the second of the Hanukkah receptions. This one was attended by three Supreme Court justices, members of Congress, Israeli diplomats and others. The President's remarks were more substantive, weaving a defense of his Iran policy and a tribute to Nelson Mandela into a Hanukkah theme. At this reception, Hanukkah candles were lit by Rabbi Joshua Sherwin, a lieutenant in the United States Navy, who recited only one of the three blessings that are used during the holiday itself-- the shehecheyanu.

Britain's Court of Appeal Says Religious Discrimination Can Involve Failure To Accommodate Belief Held By Only Some Christians

In Mba v. Mayor and Burgesses of the London Borough of Merton, (EWCA, Dec. 5, 2013), Britain's Court of Appeal held that under the Employment Equality (Religion or Belief) Regulations 2003, indirect religious discrimination (i.e. discrimination based on disparate impact of a work rule) can be shown even when the religious belief impacted is held only by some of the members of a religious group. However it concluded that the Employment Tribunal below, while proceeding in part on an erroneous view of the law, still reached the correct result in rejecting the employee's discrimination claim.

At issue was a claim by a Christian care assistant at a municipally operated children's home that the Borough had failed to adequately accommodate her religious belief that she should not work on Sundays. Under the Equality Regulations, a defense to the indirect discrimination claim is a showing that the work rule was "a proportionate means of achieving a legitimate aim." The Court held that the Employment Tribunal below, in assessing proportionality, had incorrectly considered it relevant that abstaining from work on Sunday is not a core component of the more general Christian faith. The 3 judges disagreed on the extent to which provisions of the European Convention on Human Rights should impact their interpretation of British regulation at issue. They all agreed that other factors made the refusal to accommodate a proportionate response. UK Human Rights Blog and Christian Concern both report on the case. [Thanks to Alliance Alert for the lead.]