Israel's Supreme Court Says Large Grocery Chains Must Close On Saturdays

Israel's Supreme Court yesterday ruled that the municipality of Tel Aviv must enforce the Saturday Sabbath closing laws against two supermarket chains.  According to YNet News, the court, in a case filed by small grocery stores, held that the city must find a way to force the chains to close, and not permit them to continue to merely pay a fine and stay open on the Sabbath.

Jesus Statue On Federal Land Leased To Ski Resort Survives Establishment Clause Challenge

In Freedom From Religion Foundation, Inc. v. Weber, (D MT, June 24, 2013), a Montana federal district court rejected an Establishment Clause challenge to the U.S. Forest Service's renewal of  of a Special Use Permit issued to the Knights of Columbus to allow the organization to continue to maintain a statue of Jesus near a ski slope on Montana's Big Mountain. The land, owned by the federal government, is leased to a private ski resort.  The statue was originally placed on Big Mountain in 1954. Patterned after similar statues on ski slopes in Italy, it was intended to mark the memory of those who had died in World War II.  In reaching its conclusion, the court said in part:

Big Mountain Jesus has been the subject of much frivolity over the years.  In addition to serving as a meeting place on the mountain for skiers, and a site for weddings, it has not infrequently been observed adorned with ski poles, goggles, ski hats, mardi gras beads, and other attire, all secular in nature. In fact, frequent repairs have been made to the outstretched hands of Big Mountain Jesus which have been dislodged by passing skiers and snowboarders who have given a "high five" to the statue.

To the extent Big Mountain Jesus may have had some religious significance at the time of its construction by the Knights of Columbus, and may have provided from time to time spiritual inspiration or offense to some, over the course of the last 60 years the statue has become more of an historical landmark and a curiosity.

The Becket fund issued a press release announcing the decision. (See prior related posting.)

Suit Seeks Release of Records of Accused Priests

In Bemidji, Minnesota yesterday, a woman identified only as Jane Doe 4 filed a lawsuit against the Catholic Diocese of Crookston (MN) seeking release of files compiled by the diocese in 2002 listing the names of suspected child sexual abuse offenders.  According to yesterday's Bemidji Pioneer, the plaintiff was abused over 40 years ago when she was 9 years old by priest James Porter. Porter also abused some 20 boys in 1969-70.

Dearborn McDonald's Drop Halal Offerings After Settling Lawsuit

As previously reported, in April McDonald's settled for $700,000 a class action alleging that two of its restaurants in Dearborn, Michigan that advertised Halal chicken sometimes sold non-Halal meat. Now, according to AP, the two restaurants have completely stopped offering Halal products. Plaintiffs' attorney in the case said that this is a positive development, and that there are plenty of Halal options for consumers in Dearborn.

Department of Education To Collect Data On Religious and Sexual Orientation Bullying

The U.S. Department of Education Office for Civil Rights announced this month in a Paperwork Reduction Act Submission that it is expanding its civil rights data collection to include the number of allegations received by schools of bullying/harassment on the basis of religion and sexual orientation. Since 2009, the Department has collected data on bullying on the basis of sex, race, national origin and disability. In justifying the added data collection, the Department said:

The NIH’s Health Behavior in School -Aged Children Survey reported that 8.5% ofstudents (grades 6-10) are bullied about their religion. Another survey found that, of those whohad been subjected to religious slurs and degrading language in school, Jewish and Muslim students were more commonly targeted. Likewise, despite the lack of nationally representative or uniform school-level harassment data, bullying and harassment in educational settings of those perceived to be lesbian, gay or bisexual is reportedly common and has a negative impact on those students.

Today's San Francisco Examiner reports on the change. [Thanks to Michael Lieberman for the lead.]

Suit Challenges State Construction Grants To Religious Higher Education Entities

The ACLU yesterday announced the filing of a state court lawsuit seeking to prevent the state of New Jersey from providing construction grants to two sectarian religious institutions of higher education --an Orthodox Jewish rabbinical school and a Presbyterian seminary. The complaint (full text) in American Civil Liberties Union of New Jersey v. Hendricks, (NJ Super. Ct., filed 6/24/2013),  claims that the grants violate three provisions of the New Jersey Constitution that ban taxing to support religious institutions, ban spending government funds on private entities and prohibit the establishment of religion. The suit also claims that in making the grant to the rabbinical school New Jersey is violating the state law against discrimination because it is supporting an all-male institution and thus conferring special benefits on an organization that discriminates on the basis of sex. Beth Medrash Govoha, the rabbinical school, is scheduled to receive a $10.5 million grant for construction of a new library and academic space in an existing building. Princeton Theological Seminary is in line for a much smaller grant, just over $645,000, from technology infrastructure funds. The state legislature has until June 28 to reject the grants proposed by the governor's office.

Supreme Court Defines "Supervisor" For Title VII Workplace Harassment Cases; Causation In Retaliation Cases

Today in Vance v. Ball State University, (Sup. Ct., June 24, 2013), the U.S. Supreme Court in a 5-4 decision clarified who will be considered a "supervisor" in Title VII claims for workplace harassment that creates a discriminatory work environment. Employers may be vicariously liable where the harassment has been by a supervisor rather than by a co-worker. The Court held that an employee is a "supervisor" for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to take tangible employment actions against the victim.

In a second Title VII case, University of Texas Southwest Medical Center v. Nassar, (Sup. Ct., June 24, 2013), the Supreme Court in a 5-4 decision held that Title VII retaliation (as opposed to discrimination) claims must be proved according to traditional principles of but-for causation, not by the lessened mixed-motive causation test that applies to discrimination cases under Title VII. Washington Post reports on the decisions.

Supreme Court Agrees To Review Abortion Clinic Buffer Zone Law

The U.S. Supreme Court today granted certiorari in McCullen v. Coakley, (Docket No. 12-1168, cert. granted 6/24/2013) (Order List). In the case, the 1st Circuit (full text of 1st Circuit opinion) upheld a Massachusetts law that creates a 35-foot buffer zone around reproductive health care facilities from which demonstrators and sidewalk counselors are excluded. Only employees , emergency workers, persons passing by to other places and persons going to and from the facility are permitted. The Boston Globe reports on the Court's decision to review the case.

Israeli Cabinet Approves Extension of Daylight Savings Time Over Religious Opposition

The Jerusalem Post reported yesterday that Israel's cabinet has approved and sent to the Knesset for passage a bill that would extend daylight savings time until the end of October, conforming the country to the practice in Europe which ends daylight savings time on Nov. 1.  In Israel, daylight savings time has been an issue of contention between religiously observant Jews and the secular Jewish population. (See prior posting.) In the past the country ended daylight savings time in September on the weekend before Yom Kippur to make it easier to observe the 25-hour holy day fast.

Recent Articles of Interest

From SSRN:

• Caroline Mala Corbin & Steven Douglas Smith, Debate: The Contraception Mandate and Religious Freedom, (University of Pennsylvania Law Review Online, Vol. 161, No. 261, 2013).
• Michael Brody, Team Prayer in Sports: Why an Action-Based Inquiry into a Coach’s Conduct Should Prevent Courts from Following Borden’s Confusion About the Reasonable Observer, (May 21, 2013).
• Erik James Girvan & Grace M. Deason, Social Science in Law: A Psychological Case for Abandoning the 'Discriminatory Motive' under Title VII, (Cleveland State Law Review, Vol. 60, 1057 (2013)).
• Debbie Psihountas, Richard John Dippel & George Slusarz, Federal Discrimination of Married Same-Sex Couples, (June 18, 2013).
• Máiréad Enright, Preferring the Stranger? Towards an Irish Approach to Muslim Divorce Practice, ((2013) 49 Irish Jurist 65-97).

School Board Settles Claim of Religious Bias In Guidance Counselor Dismissal

Five Towns Patch reported Friday that the Lawrence, New York School District has settled for $145,000 a lawsuit brought by a former school guidance counselor who claimed that he was denied tenure and fired from his $140,000 per year job because school board members, most of whom are Orthodox Jews, thought plaintiff was anti-Orthodox. Based on the settlement, the federal case was closed on June 19. Plaintiff Jay Silverstein, who is Jewish but non-practicing, claimed his dismissal was part of the ongoing tension between Orthodox Jews who took control of the Lawrence school board in 2006 and the community's non-Orthodox residents. (See prior posting.)

Recent Prisoner Free Exercise Cases

In  Lowery v. Edmondson, (10th Cir., June 17, 2013), the 10th Circuit affirmed the dismissal of a complaint filed by an inmate who is a member of the Moorish Science Temple of America challenging an Oklahoma prison policy that prevents him from storing his fez in his cell.

In Holland v. Goord, 2013 U.S. Dist. LEXIS 85094 (D NY, June 17, 2013), a New York federal district court held that only a de minimis burden was placed on a Muslim inmate's free exercise rights when during the Ramadan fast he was required to drink some water in order to be able to produce urine for a drug test triggered by an informant's tip. The court dismissed plaintiff's due process, free exercise and RLUIPA claims. It also found qualified immunity as to damage claims against individual defendants.

In Morales v. Pallito, 2013 U.S. Dist. LEXIS 85870 (D VT, June 19, 2013), a Vermont federal district court dismissed an inmate's claim that the raising of American flags over Vermont's prisons is an establishment of religion and that it coerces inmates into worshiping the U.S. government as a deity.

In Tavares v. Amato, 2013 U.S. Dist. LEXIS 84930 (ND NY, June 18, 2013), a New York federal district court adopted a magistrate’s recommendation (2013 U.S. Dist. LEXIS 85436, May 14, 2013) and dismissed an inmate’s claim that his free exercise rights were violated when, as a result of being placed in involuntary protective custody, he was unable to engage in religious worship.

In Stergios v. United States, 2013 U.S. Dist. LEXIS 84462 (D ME, June 17, 2013), a Maine federal district court adopted a magistrate’s recommendation (2013 U.S. Dist. LEXIS 84779,  May 3, 2013), holding that petitioner could preserve for later when he was actually on supervised release his claim that restrictions on alcohol consumption during supervised release will infringe his religious freedom in connection with religions that use wine in their ceremonies.

In Jamison v. Atchison, 2013 U.S. Dist. LEXIS 86511 (SD IL, June 20, 2013), an Illinois federal district court held that an inmate could proceed with his free exercise and retaliation claims against a prison supervisor who refused to grant him a religious exemption from working on Saturday and instead moved him to non-worker housing.

In Hollins v. Curtin, 2013 U.S. Dist. LEXIS 85945 (WD MI, June 19, 2013), a Michigan federal district court denied a motion for reconsideration, rejecting the claim that his free exercise rights were infringed when he was not permitted to attend a Nation of Islam religious service because he was in segregation.

In Stepler v. Warden, Hocking Correctional Facility, 2013 U.S. Dist. LEXIS 86209 (SD OH, June 18, 2013) an Ohio federal magistrate judge recommended  permitting a Jewish inmate to proceed with his complaint regarding failure to provide a weekly prayer room and against one defendant for failure to provide kosher meals with sufficient calories. A number of other claims regarding kosher food and anti-Semitic verbal abuse were dismissed.

Russian Region Bans Religious Clothing and Symbols In Schools

In Russia, the governor of the Astrakhan Region in the southern part of the country announced yesterday that "explicitly religious" clothes and symbols will be banned in the Region's schools and colleges beginning September 1. According to Russia Beyond the Headlines, at a meeting of the regional council for issues of ethnicity and religion Governor Alexander Zhilkin said:

We must not forget that we are a secular state, and we will follow this path, no matter how certain groups try to unravel this system, both for reasons of ethnicity and religion. Those who oppose this idea are free to choose from a plenty of other countries to live in.

The Astrakhan Region is 46% Russian Orthodox and 16% Muslim.

U.S. Bankruptcy Court Approves Sharia-Compliant Chapter 11 Reorganization

As reported by Reuters and Nasdaq, on June 11, a New York federal bankruptcy judge approved what appears to be the first-ever Sharia-compliant Chapter 11 bankruptcy reorganization. The reorganization plan is for Arcapita Bank PLC, a Bahrain investment firm which offers Sharia-compliant investments to wealthy families, institutions and sovereign wealth funds in the Gulf region. The confirmed plan includes a Sharia-compliant loan and exit financing of up to $525 million that is to be extended to the company by Goldman Sachs. The entire reorganization process complied with Sharia law.  After confirmation of the plan, however, another problem arose. According to Reuters, Central Bank of Bahrain rules require Arcapita to obtain a fatwa from a supervisory board of Islamic law experts before undertaking new financing. Last Monday, Hani Alsohaibi, who had invested money with Arcapita, filed a motion asking the bankruptcy court to reject the debtor in possession loan to Arcapita from Goldman Sachs because only one member of the Sharia supervisory board had signed the fatwa setting the conditions for the loan.

Buddhist Anti-Muslim Extremism Increases In Myanmar

The New York Times yesterday explored the rise of anti-Muslim extremism among Buddhists in Myanmar. The article focuses on Buddhist monk Ashin Wirathu who is described as having "a rock-star following." The Times reports:

What began last year on the fringes of Burmese society has grown into a nationwide movement whose agenda now includes boycotts of Muslim-made goods. Its message is spreading through regular sermons across the country that draw thousands of people and through widely distributed DVDs of those talks. Buddhist monasteries associated with the movement are also opening community centers and a Sunday school program for 60,000 Buddhist children nationwide.

Cert. Petition Filed In Middle School Graduation Speech Case

A petition for certiorari (full text) was filed yesterday with the U.S. Supreme Court in A.M. v. Taconic Hills Central School District. In the case, the 2nd Circuit Court of Appeals rejected a free speech claim by a middle school student, the co-president of student council, who was not permitted to include a religious blessing at the end of her remarks at the school's Moving-Up Ceremony. (See prior posting.) ADF issued a press release announcing the filing of the cert. petition.

Suits Challenge Shift of California Parochial Schools' Sports Leagues As Religious Discrimination

As reported by the Los Angeles Daily News and the Ventura County Star, four parochial high schools filed three separate federal lawsuits yesterday against the California Interscholastic Federation Southern Section (CIF-SS) challenging the transfer of their sports teams to the Parochial Area league, with a resulting significant increase in travel time for students to reach the location of "away" games. Here is the full text of the complaint in one of the lawsuits-- Archdiocese of Los Angeles Education and Welfare Corp. v. California Interscholastic Association Southern Section, (CD CA, filed 6/20/2013). Claiming federal and state constitutional free exercise, equal protection and due process violations, the complaint alleges:

a discriminatory scheme to uproot Plaintiff religious schools out of their home geographic areas where they have been competing in athletic sports for decades and require them to travel excessive distances for the sole purpose of segregating them with other religious schools.

Israeli Police Investigate Chief Ashkenazi Rabbi For Fraud As Chief Rabbi Elections Approach

In Israel today, police fraud unit officers raided the home and office of Chief Rabbi Yona Metzger who has been under investigation for fraud, money laundering and accepting bribes. According to YNet News, Metzger (the country's Chief Ashkenazi Rabbi) is suspected of taking for himself hundreds of thousands of shekels he had raised for different NGOs. Metzger was brought in for questioning by police this morning, and a lien was placed on his and his associates' bank accounts. The terms of both the Ashkenazi and Sephardi Chief Rabbis, extended once, now expire on July 24. The Supreme Court has said that elections must be held by then. The contest, particularly for the Ashkenazi position, has become extremely acrimonious. (Jerusalem Post.)

Court Refuses "Sky Funeral" For Veteran; Gives Hospital Control of Body

In Newby v. Serpentfoot, (GA Super. Ct., June 17, 2013), a Georgia state trial court rejected an attempt by a "Ms. Serpentfoot" to claim the body of deceased veteran Leeveneous Dempsey who died while a patient at a hospital in Floyd County, Georgia.  Serpentfoot had a health care power of attorney from Dempsey, who died on April 14. Instead the court granted the petition of the Floyd Medical Center allowing it to direct disposition of Dempsey's body, saying that Serpentfoot planned "morally and legally reprehensible" acts on Dempsey's body.  According to the Rome (GA) News-Tribune, Serpentfoot, who is president of Word Problems and Problem Solvers, Cures — a religious organization based on her "Bad News Gospel"-- claimed to be Dempsey's de facto husband.  She wanted to provide Dempsey a "sky funeral," in which she would "dismember the body, extract and retain the bones for study and 'art' purposes, place the deboned flesh in the open to feed animals and fertilize plants and save a portion of the remains to deposit at sea." Dempsey was buried with military rites on Tuesday.

Suit Alleges Applicant For County Position Was Asked Illegal Questions About Religion, Political Views

The Austin Statesman reports today on a federal lawsuit that was filed this week by Robert Lloyd, an unsuccessful applicant for the position of Constable in Williamson County, Texas.  According to the complaint, the county Commissioners Court asked Lloyd illegal and irrelevant questions:

When defendants interviewed the five final applicants and their references for the constable position, they unabashedly and illegally asked questions about the applicants’ views on abortion, gay marriage, politics and whether they voted conservatively and voted Republican and their religious affiliation.