FFRF Head Interviewed

The Madison (WI) Capital Times today published an interview with Annie Laurie Gaylor, co-founder and co-president of the Freedom From Religion Foundation.  She says that the Foundation is constructing an adjoining building that will quadruple the square footage of its office space. It has 13 permanent staff employees. Asked "What is the biggest misconception about FFRF?", Gayor responded:

Maybe that we’re trying to take religion away from individuals. Or that somehow if you are working to keep government neutral, that’s attacking religion. There’s this idea that religion is good, therefore why wouldn't government want to promote something good? I think it’s a myth that all religion is good, but even if it were, that’s not the place of government. Government is supposed to be neutral. It should not make up people’s minds. It’s not majority rule when it comes to matters of personal conscience. Some of this is the fault of our school system that we don’t do enough with civics lessons. People can grow up in this county with this great Bill of Rights and freedom and not understand it. That’s dismaying.

Increasingly British Inmates Are Being Bullied Into Converting To Islam

Sky News reports today that in Britain, increasing numbers of prison inmates are being bullied into converting to Islam. The Prison Officers Association says this is a result of the growing influence of Muslim gangs in British prisons. Some victims have been terrorized by the gangs.  But there is also concern that some of the converts could become radicalized. 13% of Britain's prison population is Muslim

Recent Prisoner Free Exercise Cases

In Sanchez v. Earls, (8th Cir., Oct. 16, 2013), the 8th Circuit dismissed an inmate's complaint that he was not allowed to possess his crucifix and chain because it was valued at over $100.

In Nance v. Miser, 2013 U.S. Dist. LEXIS 144714 (D AZ, Oct. 7, 2013), an Arizona federal district court held that a Muslim inmate can move forward on his claim that he was denied a Halal diet with meat, and on his claim for damages for delay in granting him a shaving waiver.

In Ind v. Colorado Department of Corrections, 2013 U.S. Dist. LEXIS 146717 (D CO, Oct. 10, 2013), a Colorado federal district court allowed an inmate who is a member of the Christian Separatist faith to move ahead with his claim that his religious freedom is infringed by restrictions on books, magazines and correspondence courses for prisoners in administrative segregation, and with his claim that he was classified as a member of a security threat group because of his religion.

In Shaw v. Hall, 2013 U.S. Dist. LEXIS 145860  (MD GA, Oct. 9, 2013), a Georgia federal district court permitted a Muslim inmate to amend his complaint to pursue claims arising after the suit was originally filed involving denial of meals and medication before daylight during Ramadan. The court rejected defendants' claim that these cannot be raised because administrative remedies were not exhausted before the original filing of the lawsuit.

In Finn v. Medlin, 2013 U.S. Dist. LEXIS 145361 (SD GA, Oct. 8, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 145912, July 25, 2013) and dismissed an inmate's challenge to a rule barring insulin dependent diabetics from living in the faith-based dorm.

In LaPlante v. Lovelace, 2013 U.S. Dist. LEXIS 145870 (WD MI, Oct. 9, 2013), a Michigan federal district court allowed an inmate to move ahead with a claim that his free exercise rights were infringed when he was not allowed to attend church services because of a no-contact order between him and another inmate, and a challenge to the jail's rule against receiving books, including a Bible, through the mail.

In Ford v. Bureau of Prisons, 2013 U.S. Dist. LEXIS 147524 (MD PA, Oct. 11, 2013), a Pennsylvania federal district court dismissed a complaint by a Nation of Islam inmate that no break fast meals were provided on certain NOI holidays and that other impediments were placed in the way of practicing his religion.

In Jackson v. Keith, 2013 U.S. Dist. LEXIS 146441 (WD LA, Oct. 9, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 146443, June 3, 2013) and dismissed an inmate's complaint regarding delays and a cancellation of call-outs for the Islamic Community of Winnfield.

In Clark v. Tucker, 2013 U.S. Dist. LEXIS 147572 (MD FL, Oct. 11, 2013), a Florida federal district court dismissed with leave to amend an inmate's complaint that he was placed in confinement for four weeks without any clothes for speaking in tongues.

Cert. Denied In Monks' Victory Over Restrictive Rules Limiting Sale of Caskets

Last Tuesday, the U.S. Supreme Court denied review in Castille v. St. Joseph Abbey, (Docket No. 13-91, certiorari denied 10/15/2013). (Order List.) In the case, the U.S. 5th Circuit held unconstitutional rules issued by the Louisiana State Board of Embalmers and Funeral Directors that only allow funeral homes to sell caskets. The law was challenged by a group of Benedictine monks who make and sell wooden caskets at prices significantly lower than offered by funeral homes. (See prior posting.) The Baton Rouge Advocate yesterday reported on the Court's action.

New York Mayoral Candidate Criticized For Breach of Customs In Orthodox Jewish Neighborhood

New York City Republican mayoral candidate Joe Lhota is being criticized for his lack of familiarity with Orthodox Jewish customs during campaign stops this week in Brooklyn's Boro Park neighborhood.  According to Haaretz yesterday, in a stop at a small Orthodox synagogue, Lhota had female staffers among those who walked  with him into an ongoing sex-segregated prayer service.  Subsequently at a kosher soup kitchen, Lhota twice tried to shake hands with Orthodox Jewish women whose beliefs preclude physical contact with men other than their husband.  Lhota's Democratic opponent in the mayoral race, Bill de Blasio, said:  "I find it perplexing that he would have organized an event in a situation women wouldn’t have access to."

New Jersey Supreme Court Refuses Stay of Decision Allowing Same-Sex Marriage

The New Jersey Supreme Court yesterday denied a stay of a trial court's decision (see prior posting) extending the right to marry to same-sex couples. Before this decision, New Jersey law allowed same-sex couples to enter civil unions, but not to marry.  Beginning Monday they will now be able to marry.  In Garden State Equality v. Dow, (NJ Sup. Ct., Oct. 18, 2013), the state Supreme Court held unanimously that the state had not shown a reasonable probability of success on the merits in its appeal, saying:

The State's statutory scheme effectively denies committed same-sex partners in New Jersey the ability to receive federal benefits now afforded to married partners.

Bergen County Record reports on the decision.

French Constitutional Council Rejects Mayors' Attempt To Avoid Performing Same-Sex Marriages

France's Constitutional Council, its highest constitutional tribunal, today rejected claims by seven mayors that their freedom of conscience is violated by imposing on them an obligation to perform same-sex marriages.  According to Reuters, French law requires all couples to be married in civil ceremonies conducted by mayors or their deputies, after which the couples may also have a religious ceremony. After several mayors announced they would not perform same-sex marriages, the Interior Minister issued a memo warning them that they risked five years in jail or a 7,500€ fine. Here is the full text (in French) of today's decision in M. Frank M. et autres, (Const. Counc., Oct. 18, 2013) rejecting the mayors' complaint that no conscience clause was included in France's same sex marriage law enacted last May.  It is expected that the case will be appealed to the European Court of Human Rights.  [Thanks to Scott Mange for the lead.]

Oregon Will Recognize Out-of-State Same Sex Marriages For Purposes Of Tax and Benefit Laws

In Oregon, an Oct. 16 opinion of the Deputy Attorney General (full text) concludes that state agencies can and should recognize same-sex marriages validly performed in other states, for purposes of administering tax laws and benefit programs. Oregon permits same-sex domestic partnerships, and under the Oregon Family Fairness Act, domestic partners are entitled to the same benefits as married couples.  This week's opinion allows similar treatment for couples not registered as domestic partners in Oregon but validly married elsewhere, despite Oregon's state constitutional provision (Art. XV, Sec. 5a) prohibiting same-sex marriage. The opinion concludes that construing the constitutional provision to prohibit the recognition of out-of-state same-sex marriages would likely violate the federal constitution. BuzzFeed discusses the opinion and reprints a memo from the state Department of Administrative Services to state agency directors directing that "Oregon agencies must recognize all out-of-state marriages for the purposes of administering state programs." [Thanks to Dale Carpenter at Volokh Conspiracy for the lead.]

U.S. Ambassador-At-Large For International Religious Freedom Resigns

World reports that U.S. Ambassador-at-Large for International Religious Freedom Suzan Johnson Cook has resigned.  Wednesday was her last day at the U.S. State Department. Here is World's assessment of Cook's tenure:

[O]verall Cook left little impression among religious freedom advocates. She came to the position with a background as a pastor, with no diplomatic experience, and never seemed to embrace that diplomatic role for herself. While religious freedoms, especially in the Middle East, have spiraled downward in the last couple years, Cook did little publicly in the way of advocacy beyond presenting annual reports on violations.

[Thanks to Blog From the Capital for the lead.]

Camp Counselor Seeks To Withdraw Guilty Plea In Sex Assault Case, Claiming Pressure From Orthodox Jewish Community Led To Plea

In Toms River, New Jersey yesterday, a state Superior Court judge heard testimony in connection with the motion by former Orthodox Jewish camp counselor Yosef Kolko to withdraw his guilty plea to charges of sexual assault against a boy when the boy was 11 and 12 years old.  According to the Asbury Park Press, Kolko claims he was the target of a campaign in the Lakewood (NJ) Orthodox Jewish community to pressure him to plead guilty in order to avoid the negative publicity for the community that would come with a trial. Witnesses for Kolko say the campaign involved a combination of vivid descriptions of what prison would be like, and an offer of $100,000 and a job when he got out of jail if he plead guilty. Kolko steadfastly maintained his innocence until he decided to plead guilty while the trial was under way.

Belgian Animal Rights Group Accused of Exploiting Holocaust In Campaign Against Ritual Slaughter

In Belgium, Jewish and Muslim groups are strongly criticizing a radio ad calling for an end to Halal and kosher slaughter of animals (which is performed without first stunning the animal).  The ad was produced by the Antwerp-based animal welfare group GAIA.  According to yesterday's Times of Israel, the ad, which was sent by e-mail to 200 politicians, is seen by critics as using Holocaust themes to further the group's animal rights cause.  The ad delivers testimony of capture and transportation from a lamb waiting for slaughter. A Jewish spokesman called the ad "a new example of the trivialization of the crime of genocide..." However GAIA said: "This is an attempt to describe what animals experience now without any religious or historic connotations."

Missouri Bill To Restore School Christmas Celebrations Takes Effect After Override of Governor's Veto

As previously reported, last July Missouri Governor Jay Nixon vetoed HB 278 that provides:

No state or local governmental entity, public building, public park, public school, or public setting or place shall ban or otherwise restrict the practice, mention, celebration, or discussion of any federal holiday.

The bill was particularly aimed at restoring Christmas celebrations. Last week's St. Louis Jewish Light reports however that in an action largely unnoticed by the media (see this coverage), on Sept. 11 the state legislature voted to override the governor's veto.  The bill went into effect Oct. 11. In a letter sent to Missouri school administrators and board members, the bill's sponsor Rep. Rick Brattin wrote:

It is an honor for me to play a role in this process and to stand in defense to celebrate our holidays in the same ways that our parents and grandparents did. My hope is that HB 278 will help reverse the chilling effect we have seen on the ability of teachers and students to observe these holidays.

[Thanks to Joe Bernstein for the lead.]

Religious Pre-School's Exclusion From State Grant Program Required By State Constitution

In Trinity Lutheran Church of Columbia, Inc. v. Pauley, 2013 U.S. Dist. LEXIS 147674 (WD MO, Sept. 26, 2013),  a Missouri federal district court upheld the policy of the Missouri Department of Natural Resources Solid Waste Management Program to exclude from its Scrap Tire Program any organization controlled by a church or by a religious sect or denomination. Thus plaintiff's religiously-affiliated day care and preschool facility could not apply for a grant under the program to buy recycled tires to resurface its playground. First the court concluded that providing a grant through the Scrap Tire Program would violate Art. I, Sec. 7 of the Missouri constitution that prohibits the expenditure of any public funds to aid a church or religious denomination.  The court then rejected arguments that the ban violated plaintiff's free exercise, establishment clause, free speech and equal protection rights under the U.S. Constitution.

Still No Burial Decision For Nazi War Criminal After Controversial Funeral Disrupted

As previously reported, when convicted Nazi war criminal Erich Priebke died in Italy last week, the Vatican prohibited any church in Rome from celebrating a funeral mass for him.  However, as reported Tuesday by the International Business Times, the renegade traditionalist Society of St. Pius X decided to allow the funeral to be held at its Pius X Institute in the town of Albano Laziale just outside of Rome. Dozens of demonstrators attacked Priebke's hearse chanting "murderer" and anti-Fascist slogans as the body was moved to the Institute, and the mayor of the town said he would not allow burial there.  Now JTA reports that the funeral ceremony was called off when authorities refused to allow participants to enter, and Priebke's body is being held at a military airport with no final decision about burial.

Suit Challenges Oregon Same-Sex Marriage Ban

According to the Willamette Week, two same-sex couples filed suit in federal district court in Oregon this week challenging Oregon's state constitutional ban on same-sex marriage. One of the couples wants to marry in Oregon; the other couple wants its Canadian same-sex marriage recognized in Oregon. The complaint (full text) in Geiger v. Kitzhaber, (D OR, filed 10/15, 2013), contends that the Oregon constitutional ban violates the equal protection and due process clauses of the 14th Amendment. [Thanks to Alliance Alert for the lead.]

Amtrak Bus Driver Refuses To Allow Sikh Student To Board Wearing Kirpan

In Davis, California last Saturday, an Amtrak bus driver barred a Sikh college student from boarding the bus that connects with a train in Sacramento because the student was wearing his kirpan (Sikh ceremonial dagger). According to the Davis Enterprise, 20-year old managerial economics student Harsimran Singh had often worn his kirpan on this same bus. This time however, the driver called police when he spotted the 9-inch kirpan, and refused to allow Singh to board unless he would place the kirpan in his back pack and store it in the bus luggage compartment.  The Sikh faith requires wearing the kirpan next to one's body.

French High Court Upholds Scientology Fraud Convictions

AFP reports that in France, the Cour de Cassation, the country's highest court, yesterday upheld the 2009 fraud conviction of two French affiliates of the Church of Scientology for manipulating two women into buying products or enrolling in courses. (See prior posting.) Scientology's Celebrity Centre and its bookshop in Paris were fined the equivalent of $812,000 (US).  The court rejected Scientology's claim that the convictions violated its religious freedom.  France does not consider Scientology to be a religion.  The church is expected to appeal to the European Court of Human Rights.

President Issues Eid al-Adha Greetings

Yesterday, President Obama issued a statement (full text) extending best wishes for Eid al-Adha to Muslims around the world and congratulating those who performed the Hajj this year. The statement reads in part:

To commemorate Eid al-Adha, Muslims around the world are joining other faith communities in offering their assistance to those suffering from hunger, disease, and conflict.  Their service is a powerful example of the positive role that faith can play in motivating communities to work together to address shared challenges.

Another Non-Profit Challenge To Contraceptive Coverage Mandate

Last week, yet another lawsuit challenging the Affordable Care Act contraceptive coverage mandate was filed. The Becket Fund announced the filing of the class action by three Christian religious non-profits on behalf of over 100 ministries that currently receive health benefits through the Southern Baptist Convention's GuideStone Financial Resources, one of the largest multi-employer church health care plans in the country. The complaint (full text) in Reaching Souls International, Inc. v. Sebelius, (WD OK, filed 10/11/2013) contends that even under the final regulations that allow religious non-profits to have a third-party administrator furnish contraceptive coverage, plaintiffs' religious exercise is burdened because they are required to facilitate coverage for contraceptives that they consider to be abortifacients.

Woman Sues Christian Group Saying She Was Fired For Divorce While Men Were Treated Differently

Religion News Service reports on a lawsuit against InterVarsity Christian Fellowship by a former spiritual director who says she was fired because of her divorce.  IVCF has a Separation and Divorcing Staff Policy under which Alyce Conlon was placed on paid leave when she informed her supervisors that she and her husband were considering separating. When she was not successful in reconciling, she was fired.  She claims that two male colleagues who divorced and remarried were treated differently, being allowed to remain on staff.  IVCF responded to the lawsuit by saying in part:

As a Christian organization, InterVarsity Christian Fellowship’s credibility and witness depends on its ability to hire and retain personnel who share and abide by InterVarsity’s faith commitments. It is deeply regrettable that a former employee has chosen to challenge this key constitutional liberty.”