Recent Prisoner Free Exercise Cases

In Daley v. Lappin, (3d Cir., Jan. 29, 2014), the 3rd Circuit vacated and remanded for the most part a decision of a Pennsylvania federal district court in a suit brought by a former federal inmate who was a Rastafarian.  The Court of Appeals held that the district court erred in rejecting plaintiff's claim for a vegan diet merely on the ground that it was not a mandatory tenet of Rastafarianism.

In Harris v. Gipson, 2014 U.S. Dist. LEXIS 9792 (ED CA, Jan. 24, 2014), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he is being denied access to an adequate religious diet.

In Hollins v. Curtin, 2014 U.S. Dist. LEXIS 10709 (WD MI, Jan. 29, 2014), a Michigan federal district court permitted a Nation of Islam inmate to move ahead with his challenge to a prison's blanket ban on group religious services for all inmates in segregation.

In Sousa v. Wegman, 2014 U.S. Dist. LEXIS 11132 (ED CA, Jan. 28, 2014), a California federal magistrate judge recommended that a Mexican Indian inmate be permitted to proceed with his complaint that prison officials refused to recognize his religion or allot him outside grounds to conduct services, burn sage and hold sweats. The court held that plaintiff's free exercise claim should not be barred by collateral estoppel, the 11th Amendment, or PLRA exhaustion.

In Washington v. Cate, 2014 U.S. Dist. LEXIS 12402 (ED CA, Jan. 31, 2014), a California federal magistrate judge dismissed a complaint by a Muslim inmate that his free exercise, equal protection and RLUIPA rights were infringed when was not permitted to have a conjugal visit to consummate his marriage that took place in a prison visiting room. Department of Corrections rules bar conjugal visits for prisoners serving life sentences.

In Martin v. Cate, 2014 U.S. Dist. LEXIS 12414 (ED CA, Jan. 31, 2014), a California federal magistrate judge recommended dismissing a complaint by a Christian inmate serving a life sentence that his free exercise and RLUIPA rights were infringed by rules denying him conjugal visits with his wife.

Texas State Board of Education Amends Textbook Review Rules To Lessen Influence of Social Conservatives

AP reports that on Friday, the 15-member Texas State Board of Education unanimously adopted new rules governing the citizen review panels that review proposed textbooks.  The rule changes are likely to lessen the influence of social conservatives who in recent years have influenced the coverage of topics such as evolution, climate change and the role of religion in American history.  The new rules give priority to teachers and professors to serve on the textbook review panels in their areas of expertise. They also allow the state board to appoint outside experts to check the objections raised by review panels. The new rules require that each textbook be reviewed by at least two panel members, require panels to submit majority and minority reports, and limit board of education contact with panel members to prevent pressure on panels. Earlier this week the board defeated a proposal that would have allowed removal of review panel members for inappropriate behavior. Conservative State Board of Education member David Bradley complained: "liberals are really trying to make it difficult for Christians and conservatives to have a voice in public education."

Montana Catholic Diocese Files For Chapter 11 Protection To Implement $17.5M Settlement of Abuse Cases

The Roman Catholic Diocese of Helena, Montana filed for Chapter 11 bankruptcy reorganization on Friday, according to NBC News. The filing comes in anticipation of a $15 million settlement for 362 victims of clergy abuse who have sued claiming that the diocese knew or should have known of the abuse that took place from the 1940's to the 1980's. Another $2.5 million will be set aside for victims who have not yet come forward. Most of the settlement will be funded by insurance carriers, but the diocese will pay at least $2.5 million additionally. The diocese covers 21 counties and parts of two others in western and north central Montana.

Bahraini Court Dissolves Islamic Scholars Council

Al Monitor reports that in Bahrain last Wednesday, the Administrative Court ordered the dissolution of the Islamic Scholars Council and liquidation of its assets. The Council includes a number of prominent Shiite scholars who support the opposition movement.  Last September, the Justice Ministry filed a lawsuit seeking liquidation of the Council, claiming that the organization was founded in 2004 in violation of law.

Sexual Abuse Suit Against Yehshiva University Dismissed On Statute of Limitations Grounds

In Twersky v. Yeshiva University, (SD NY, Jan. 30, 2014), a New York federal district court dismissed on statute of limitations grounds a suit by 34 former students at Yeshiva University High School for Boys claiming that between 1968 and 1992 they were abused variously by an administrator who eventually became the school principal, by a Judaic studies teacher employed by the Jewish high school, and by an outside party who was given access to the school dormitory. The suit was brought against the high school, Yeshiva University, former University administrators and trustees alleging fraud, negligence, violation of the NY General Business Law, and of Title IX of the federal Education Amendments Act of 1972. The court rejected claims that the statutes of limitation involved were extended by the federal or state law rules on discovery of wrongdoing, or by the state law doctrine of equitable estoppel.  The Forward reports on the decision.

Administrative Complaint Charges Catholic School With Discrimination For Terminating Employee In Same-Sex Marriage

The Boston Globe reports on the employment discrimination complaint  (full text) filed yesterday with the Massachusetts Commission Against Discrimination by Matthew Barrett who was hired as food services director at a Catholic school. Three days after he accepted the position with Fontbonne Academy, the school terminated his employment because it learned from paperwork he had filled out that he was gay and had a same-sex spouse.

The Massachusetts law against discrimination (MGL Title XXI, Ch. 151B, Sec. 1(5)) provides:

[N]othing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for ... educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission, or participation to members of that religion, from... taking any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated by such organization to promote the religious principles for which it is established or maintained.

In its press release on the case, GLAD says: "Our laws carefully balance the important values of religious liberty and non-discrimination.  When Fontbonne Academy fired Matt from a job that has nothing to do with religion, they came down on the wrong side of the law."

8th Circuit: Insurance Company Need Not Pay Archdiocese's Settlement In Wrongful Death Suit

In Chicago Insurance Company v. Archdiocese of St. Louis, (8th Cir., Jan. 29, 2014), the U.S. 8th Circuit Court of Appeals held that Chicago Insurance Co. is not required to reimburse the Catholic Archdiocese of St. Louis for amounts the Archdiocese paid to settle a wrongful death claim by the parent of a clergy sex abuse victim who committed suicide. The court held that the Archdiocese failed to show that the settlement was in reasonable anticipation of liability for negligence because the Missouri Supreme Court has held that negligence-based actions against a religious organization that require the court to evaluate the reasonableness of religious doctrine, policy and administration are barred by the 1st Amendment. (And the insurance policy does not cover intentional conduct.) The 8th Circuit held:

we are aware of no authority, and the Archdiocese cites none, that allows a settling insured to recover under an indemnity policy where governing law does not permit the claimant's underlying cause of action against the insured.

Business Insurance reports on the decision.

Chicago Archdiocese Settles Sex Abuse Case For $3.2M

The Chicago Sun-Times reported yesterday that the Catholic Archdiocese of Chicago has reached a settlement of nearly $3.2 million with the victim of sex abuse by former priest Daniel McCormack. The suit charges that the archdiocese and Cardinal Francis George failed to remove McCormack from contact with children even though they knew that he had sexually abused minors.

Wyoming Diocese Sues To Challenge Contraceptive Mandate Accommodation

The Catholic Diocese of Cheyenne, Wyoming announced yesterday that along with Catholic Charities, a children's home and two Catholic schools, it has filed a federal lawsuit challenging the Affordable Care Act contraceptive coverage mandate accommodation. In his announcement, Bishop Paul Etienne said in part:

The message of the mandate is clear; keep your religious beliefs private or face financial penalties.  This is one of the strongest reasons the decision was made by the diocese and the plaintiffs to resist this mandate, even knowing that other similar lawsuits are now making their way through the court system.

AP reports on the lawsuit.

UPDATE: Here is the full text of the complaint in Diocese of Cheyenne v. Sebelius, (D WY, filed 1/30/2014).

Court Dismisses Challenge To Exclusion of Private Schools From NY Law Protecting Students From Sex Abuse

In Levi v. New York State Assembly, (SD NY, Jan. 29, 2014), a New York federal district court dismissed on sovereign immunity and legislative immunity grounds a suit challenging the legislature's failure to include private schools (including religious schools) in the coverage of a 2001 state law designed to protect school students from sexual abuse by school employees. Plaintiff, whose daughter attends a Modern Orthodox Jewish school, complains that private schools were omitted because of opposition to their coverage by ultra-Orthodox Jews. He contended that the legislature's action violated the 1st and 14th Amendments.

UK Appeals Court OK's Transport Agency Rule Banning Controversial Ad By Christian Non-Profit

In Core Issues Trust v. Transport for London, (EWCA, Jan. 27, 2014), Britain's Court of Appeal upheld a decision by London's public transportation agency to refuse to allow a Christian non-profit organization that supports gays who wish to change their sexual preference to buy ad space on the side of London's buses. The organization wanted to post an ad that read: "Not Gay! Ex-Gay, Post-Gay and Proud, Get Over It". The court held that the policy of the transportation agency to refuse ads that are likely to cause widespread or serious offence or which relate to matters of public controversy or sensitivity does not violated the freedom of expression or freedom of religion provisions (Art. 9 and 10) of the European Convention on Human Rights. The Independent reports on the decision. [Thanks to Paul Diamond for the lead.]

80+ Amicus Briefs Filed In Hobby Lobby Case

More than 80 amicus briefs have been filed in the U.S. Supreme Court in Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, the cases challenging the Affordable Care Act contraceptive coverage mandate. Becket Fund has links to the full text of all the amicus briefs.

Orthodox Patriarch Warns Russian Parliament About Same-Sex Marriage

According to ITAR-TASS News Agency, on Tuesday Patriarch Krill, head of the Russian Orthodox Church, spoke at the Federation Council (the upper house of Russia's parliament) to warn against the legalization of same-sex marriage and to lament marital infidelity. He said that if a person is unfaithful to his family, he may be unfaithful to his homeland.  After Krill's presentation, the Federation Council and religious leaders adopted a joint statement which reads in part: "Preservation of marriage as a union between a man and a woman based on love and mutual understanding and birth of beloved children are a precondition for survival of humankind."

9th Circuit, With Dissents, Denies En Banc Review In Reparative Therapy Ban Challenge

As previously reported, last August in Pickup v. Brown, (9th Cir., Aug. 29, 2013), the U.S. 9th Circuit Court of Appeals upheld the constitutionality of California Senate Bill 1172 that bans state-licensed mental health providers from engaging in sexual orientation change efforts with patients under 18.  Yesterday in Pickup v. Brown, (9th Cir., Jan. 29, 2014),) the panel reaffirmed its holding in an amended opinion, and the full court (with 3 dissents) denied en banc review. The amended opinion-- apparently in response to dissenters' criticisms-- adds the discussion at pp. 39-41 distinguishing this case from the U.S. Supreme Court's 2010 decision in Holder v. Humanitarian Law Project.

In the dissent from yesterday' denial of review by the 9th Circuit, Judge O'Scannlain, joined by Judges Bea and Ikuta, said:

The State ... here, has prohibited licensed professionals from saying certain words to their clients. By labeling such speech as “conduct,” the panel’s opinion has entirely exempted such regulation from the First Amendment. In so doing, the panel contravenes recent Supreme Court precedent, ignores established free speech doctrine, misreads our cases, and thus insulates from First Amendment scrutiny California’s prohibition—in the guise of a professional regulation—of politically unpopular expression.

Volokh Conspiracy also discusses yesterday's action by the 9th Circuit.

Santeria Priest May Proceed With1st Amendment Claims Against Police Chief

In Badillo v. Amato,(D NJ, Jan. 28, 2014), a New Jersey federal district court held that a Santeria priest can proceed with his 1st Amendment religious expression claims against a police chief for prosecuting him for animal abuse and neglect. Plaintiff was also allowed to proceed with a 4th Amendment claim.  The court rejected the contention that the police chief had qualified immunity, finding that:

Plaintiff’s right to practice the Santerian ritual of sacrificing certain types of animals, within the strictures and constraints of the religion, is a clearly established right....

The court dismissed claims against various other defendants.

House Hearing Held On Religious Accommodation In the Military

Yesterday, the House Armed Services Committee, Subcommittee on Military Personnel yesterday held a hearing on Religious Accommodations in the Armed Services. The prepared statements of the six witnesses-- chaplains and representatives of chaplain endorsing agencies-- as well as statements for the record submitted by nine other groups and individuals are available on the committee's website. [Thanks to Michael Lieberman for the lead.]

Suit Claims Viewpoint Discrimination In School District's Refusal of Religious Ad

Alliance Defending Freedom yesterday announced the filing of a lawsuit in federal district court in Texas challenging the refusal by the Lubbock Independent School District to accept an ad from JesusTattoo.org for display during high school football games on the district's jumbotron.  The school district says that the Establishment Clause bars the use of government property for religious advertisements.  The complaint in Little Pencil v. Lubbock Independent School District claims unconstitutional viewpoint discrimination because other non-school-related organizations, including other religious groups, are permitted to advertise.

UPDATE: Here is the full text of the complaint in Little Pencil, LLC v. Lubbock Independent School District, (ND TX, filed 1/28/2014).

Indonesia's Supreme Court Penalizes Judges On East Java's Religious Affairs Court

The Jakarta Globe reports that yesterday Indonesia's Supreme Court imposed unspecified penalties on 11 of the 12 members of the Religious Affairs Court in Ponorogo district, East Java, for permitting attorneys who are members of the unofficial Indonesian Congress of Advocates (KAI) to practice before the court. The Religious Affairs Court's chief judge reported the violation.  Under Indonesia’s 2003 Law on Attorneys, only members of the Indonesian Association of Advocates (Peradi) are allowed to practice.

Panel Recommends Judge's Suspension and Fine For Selling Religious Items In Courthouse

A Hearing Panel of the Florida Judicial Qualifications Commission filed an opinion on Monday recommending imposing a public reprimand, a 3-month suspension without pay and a fine of $17,000 on state court judge Judith W. Hawkins.  Among other things, she was found guilty of selling religious books, study guides, and other products of Gaza Road Ministries which she founded to lawyers who appeared before her and to courthouse employees, promoting products appearing in her judicial robes on the Gaza Road Ministries website, and using her judicial assistant during working hours to promote and produce the products. In Inquiry Concerning Judge Judith W. Hawkins, (FL Judic. Qual. Commn., Jan. 27, 2014), the hearing panel published its conclusions without alluding to the fact that the products Hawkins promoted were religious in nature, saying: "The identity and nature of the business are irrelevant to these proceedings; and the business is therefore referred to by a pseudonym." The panel went on to conclude:

Judge Hawkins operated a private, for profit business from her judicial chambers. She linked the sale of ABC's products to her judicial office, by a website, which depicted her in a judicial robe, and described her as a county court judge in Tallahassee. She used state time and resources (including her judicial assistant) to promote ABC. This conduct violates Canons 1, 2B and 5D of the Code of Judicial Conduct. It lent the prestige of judicial office to advance the private interest of the judge.

The Tampa Bay Times reports on the hearing panel's recommendations. (See prior related posting.)

In Australia, Jewish MP's Oppose Call To Stop Parliamentary Tradition of Lord's Prayer

Today's Australian Jewish News reports that Jewish members of Australia's Federal Parliament are generally opposing a call by the The Green party to end the century-old tradition of opening each day's session of Parliament with the recitation of the Lord's Prayer. Jewish MP Mark Dreyfus said that while there could be more inclusive ways of recognizing the country's multi-faith nature, by calling for an end to prayer "the Greens are not showing an understanding of the importance of religious faith for very many Australians."