Seventh Day Adventist Required To Work On Saturdays May Proceed On Breach of Contract Claim

In Webster v. Dolgencorp, LLC, (D NJ, Aug. 22, 2013), a New Jersey federal district court permitted a Seventh Day Adventist who sued complaining that his Dollar General Store employer refused to accommodate his refusal to work on Saturdays to proceed on his claims for breach of contract and breach of implied covenant of good faith and fair dealing. However it held that plaintiff had not so far plead adequate facts to support a Title VII hostile work environment claim.  Several other claims were dismissed on statute of limitations grounds. Courthouse News Service reports on the decision.

9th Circuit Rejects Challenges To California Ban On Reparative Therapy For Minors

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.  The court rejected claims that the law violates free speech rights of practitioners and minor patients, claims that it violates fundamental parental rights, and assertions that the law is overbroad and vague. The court said in part:

Senate Bill 1172 regulates conduct. It bans a form of medical treatment for minors; it does nothing to prevent licensed therapists from discussing the pros and cons of SOCE with their patients. Senate Bill 1172 merely prohibits licensed mental health providers from engaging in SOCE with minors.... Under its police power, California has authority to prohibit licensed mental health providers from administering therapies that the legislature has deemed harmful and ... the fact that speech may be used to carry out those therapies does not turn the prohibitions of conduct into prohibitions of speech.

AP reports on the decision. (See prior related posting.)

Woman Sues Jehovah's Witness Church Alleging Inaction In Sexual Abuse By Elder 25+ Years Ago

The Albuquerque Journal reported yesterday on a lawsuit by a 35-year old woman against the Los Lunas (NM) Congregation of Jehovah’s Witnesses.  The suit, filed in New Mexico state court, alleges that plaintiff was sexually abused in 1987 (when she was 8 years old) by an elder of the congregation.  It alleges that plaintiff's mother had been raped by the elder. When she told other church elders, they not only failed to remove the accused elder, but insisted that the mother demonstrate her forgiveness by hosting the accused elder and his family in their home, and by permitting her children to spend time, including nights, at the elder's home under his supervision.  The suit claims that the mother complied under duress, and this gave the elder access to abuse plaintiff. The lawsuit also names the Watchtower Bible and Tract Society of New York, which oversees the church, and a former elder.

IRS Rules That Legal Same-Sex Marriages Will Be Recognized For Tax Purposes, Regardless Of Couple's Current Domicile

The Internal Revenue Service announced yesterday that legally-married same-sex couples will be treated as married for federal tax purposes, even if they live in a state that refuses to recognize their legal marriage that was performed elsewhere. The new policy is formally reflected in Revenue Ruling 2013-17 which defends the gender-neutral reading of gender-specific terms in the Internal Revenue Code that the new policy requires. However, the ruling does not extend to domestic partnerships, civil unions, or other similar formal relationships recognized, but not called marriage, under state law. The IRS also issued updated Frequently Asked Questions for same-sex couples and updated FAQs for registered domestic partners and individuals in civil unions.

Kerry Calls On Iranians To Release Christian Pastor

U.S. Secretary of State John Kerry issued a statement on Wednesday calling for Iran to help in the return of three U.S. citizens. One of those is Iranian-American Christian pastor Saeed Abedini who was sentenced in January to 8 years in prison by an Iranian court on charges of threatening Iran's national security through his leadership in Christian house churches. (See prior posting.) Kerry's statement comes only days after the Aug. 25 rejection by the Tehran Court of Appeals of Abedini's appeal of his sentence.  The American Center for Law and Justice issued a statement yesterday welcoming the State Department's re-engagement on Abedini's case.

New Survey On State of the Bible Released

The American Bible Society this week released a survey titled State of the Bible in 2013. (Full text.) (Summary of findings.)  Among its findings: 66% of adults see it as important to teach the values found in the Bible in public schools.  31% of adults say that their political views are greatly influenced by their faith, while 69% say their faith has at least a little influence on their political views. 54% of adults agreed with the statement, "the Bible and politics do not mix."  22% of adults believe the Bible should be taken literally, word for word. [Thanks to Blog From the Capital for the lead.]

Canadian Tax Court Rules FLDS Community Does Not Come Under Provision For Sharing of Tax Liability

In a 92-page opinion in Blackmore v. The Queen, (Tax Ct. Canada, Aug. 21, 2013), the Tax Court of Canada ruled that the polygamous FLDS community of Bountiful, British Columbia does not fall under Sec. 143 of Canada's Income Tax Act which allows communal religious organizations such as the Hutterites to elect to have community income taxed to individual members of the community.  The ruling means that other Bountiful residents will not be liable for the taxes and penalties flowing from the $1.8 million understatement of income by FLDS leader Winston Blackmore. (In a related ruling, the court detailed reasons for allowing Dr. John Walsh to testify as an expert witness.) The Vancouver Sun reported yesterday, however, that testimony at the trial suggests Blackmore may still pass on the tax liability to his followers through requiring additional tithing or making a "famine call" on them to live for three months on their stored food so they can hand over their grocery money to him.

Another Preliminary Injunction To Allow Gilardi As Contraceptive Coverage Test Case In D.C. Circuit

The federal government is continuing to agree to preliminary injunctions in small business challenges to the Affordable Care Act contraceptive coverage mandate filed in federal district court in  the District of Columbia in order to allow the Gilardi case to be the test case for the D.C. Circuit. (See prior posting.) In the latest example, the D.C. federal district court granted an unopposed motion for a preliminary injunction on that basis in Willis Law v. Sebelius, (D DC, Aug. 23, 2013). (See prior related posting.) Thomas More Law Center announced the grant of the preliminary injunction.

AP Reveals NYPD Investigative Techniques Aimed At Mosques

AP reported yesterday that the New York Police Department has since 9/11 subjected at least a dozen mosques to "Terrorism Enterprise Investigations." By declaring an entire mosque a terrorism enterprise, police under their so-called Handschu Guidelines, can use informants to record sermons, spy on imams and treat anyone who attends mosque services as a suspect. Police have also attempted to infiltrate the boards of Islamic organizations to obtain intelligence.

Education Department Dismisses Complaint That Anti-Israel Incidents Subjected Jewish Students To Hostile Environment

The University of California Berkeley announced yesterday that the U.S. Department of Education’s Office for Civil Rights has dismissed a complaint contending that three incidents involving criticism of Israel created a hostile environment for Jewish students that the University had an obligation to curtail.  In its Aug. 19 letter (full text) informing the University that its investigation of the complaint is being closed, the DOE said in part that the events:

constituted expression on matters of public concern directed to the University community.  In the university environment, exposure to such robust and discordant expressions, even when personally offensive and hurtful, is a circumstance that a reasonable student in higher education may experience. In this context, the events ... do not constitute actionable harassment.

In 2011, a federal district court had reached a similar conclusion. (See prior posting.)

Controversial Anti-Muslim Pastor Is Flooded Out Of Planned Qur'an Burning Site

The Lakeland, Florida Ledger reported yesterday that controversial anti-Muslim pastor Terry Jones  is looking for an alternative site for his planned provocative commemoration of this year's anniversary of the 9-11 attacks. Jones had planned to burn 2,998 Qur'ans-- one for each American lost in the attacks.  However, the yard of Mulberry, Florida resident Bill McKinney where the burning was to take place is flooded.  The site of an old cow pasture, it has been under water for a month. So Jones is now looking for a new venue somewhere near Mulberry. Jones has sold his old church, Dove World Outreach Center in Gainesville. (See prior related posting.)

Al Jazeera Profiles Federal and State Legislative Prayer Caucuses

Al Jazeera yesterday carried a lengthy feature article on the U.S. Congressional Prayer Caucus, and efforts to create prayer caucuses in state legislatures as well.  Here is an excerpt:

When Congress is in session, the members meet weekly in Room 219 of the U.S. Capitol to pray and "seek God’s wisdom and guidance in leading our great nation," according to a caucus promotional video. The caucus now boasts 97 members, mostly Republicans.

But critics charge that the group ... distorts the meaning of religious freedom. Secular advocates and religious leaders say the CPC's claims that the United States was founded as a Christian nation and that Christians' religious liberties are now under threat are false. Rather, critics say, the caucus' efforts to place a government imprimatur on Christian prayer and inject a particular religious view into policy and legislation violate the separation of church and state. 

Queensland Will Move Ahead With Religious Exemption To Bicycle Helmet Rule

Today's Brisbane Courier Mail reports that Campbell Newman, premier of the Australian state of Queensland, has decided to introduce legislation to amend the Queensland Road Rules to provide a religious exemption to the state's bicycle helmet requirement.  The exemption, urged by Sikhs in Australia, will cover those who practice a religion that requires a head covering be worn that prevents use of a helmet.  The government is moving ahead with the proposal despite studies that show serious head injury is 5 times more likely for those wearing a turban than a helmet.  The states of Victoria, South Australia and Western Australia already have similar exemptions.

Moorish Science Defenses To Neglect Charges Rejected

In In re A.E. & D., 2013 Ill. App. Unpub. LEXIS 1873 (IL App., Aug. 26, 2013), an Illinois appeals court rejected several religion-based defenses raised by the mother of two children who was found unfit because of medical neglect and creating an environment injurious to her children's welfare.  The court rejected respondent's claim that it lacked jurisdiction. Respondent argued that her children are part of the trust corpus of the Moorish Science Temple of America and that MSTA should have been made a party to the case. The court also held that respondent's free exercise rights do not permit her to avoid seeking proper medical care for her children.

City Was Premature In Acting Against Church's Feared Homeless Encampment

In New Life Evangelistic Center v. City of St. Louis, 2013 U.S. Dist. LEXIS 120783 (ED MO, Aug. 26, 2013), a Missouri federal district court refused to dismiss a lawsuit by a church that claimed its due process and free exercise rights were infringed when the city issued an emergency condemnation order against its property on which it had erected a large tent and eight smaller tents.  The city feared that the church intended to created a sleeping encampment for the homeless on the property. The church claimed, however, that it intended to use the property for worship and outreach to the homeless.  Dismissing the city's counterclaim for injunctive and declaratory relief, the court concluded that no permits were required for the present uses of the property, and that the city was premature in acting merely on speculation that a tent city in violation of the building code would be set up.

Pastafarian Wears "Religious" Headgear In Texas Driver's License Photo

Apparently the state of Texas has no problem with individuals wearing religious headgear in their driver's license photos.  Daily Caller reported yesterday that Texas Tech University student Eddie Castillo, claiming to be a Pastafarian, has become the first person to wear a pasta strainer on his head in his ID photo.  Castillo told Department of Motor Vehicle officials in the Lubbock office that the silver metal pasta strainer is a religious symbol to him. DMV officials are apparently still considering whether his license is valid. Pastafarianism, also known as the Church of the Flying Spaghetti Monster, is generally seen as a parody on religion, even though its website says it is a real religion.

Federal Court Says S.C. Episcopal Diocese Controversy Should Be Resolved In State Court

In vonRosenberg v. Lawrence, (D SC, Aug. 23, 2013), a South Carolina federal district court declined to exercise jurisdiction over a trademark infringement case growing out of the ongoing controversy between a large break-away portion of the Episcopal Diocese of South Carolina and the smaller number of parishes that remain loyal to The Episcopal Church.  The court held that the trademark dispute is part of a larger dispute over ownership of the Diocese's property which is being litigated in state court (see prior posting), and concluded that it is "judicially impractical to retain jurisdiction over a fragmented claim that has been separated from the larger controversy." The State reports on the decision, and Anglican Curmudgeon blog comments at length on the decision from the perspective of the break-away congregations.

Egyptian Military Enlists Clerics To Justify Violence Against Morsi Supporters

The New York Times reports in a front-page article today that the Egyptian military has begun a propaganda campaign using Muslim scholars to prevent insubordination among soldiers and police. Sometimes using clerics appointed by former president Hosni Mubarak, the military has produced videos that tell soldiers they have a religious duty to use deadly force against Muslim Brotherhood supporters of ousted president Mohamed Morsi.

Quebec Values Charter Proposal Will Ban Sikh, Muslim and Jewish Religious Head Coverings For Public Employees

In the Canadian province of Quebec, the ruling Party Quebecois plans to introduce a Charter of Quebec Values which, among other things, will ban  public employees from wearing religious head coverings or visible crucifixes in the workplace. The ban will cover Sikh turbans, Muslim niqabs and hijabs, and Jewish kippahs. According to a Canadian Press report yesterday, Quebec Premier Pauline Marois says the Charter will be a unifying force for the province. According to a Canadian Press article last week, there is particular concern that a ban would drive out Middle Eastern health care professionals who now work at Montreal hospitals, leading to longer hospital wait times. The proposed Charter would allow culturally specific hospitals — such as Montreal’s Jewish General — to seek an exemption.

Journal of Law and Religion Moves To New Editorial Home At Emory

National Jurist reports this month that the Journal of Law and Religion, previously published at Hamline University School of Law, has moved to a new editorial home at Emory University. In a "refreshed editorial direction," the Journal plans to expand its coverage to include the place of law in religious canons, sacred texts and religious traditions; and the place of ritual and liturgy in the operation of state legal and political systems. The well-respected Journal has been housed at Hamline since its founding in 1982.  According to the Journal's website, Emory's Center for the Study of Law and Religion will publish the Journal through Cambridge University Press.  Apparently the effective date of the move was Aug. 15.