Judge Confirms Jury's Findings Against Florida Homeless Shelter

On Friday, a Palm Peach County, Florida Circuit Court judge refused to overturn a jury's verdict handed down in February finding that the county had a compelling interest in applying its zoning ordinances to a homeless shelter operated by Westgate Tabernacle. Westgate claimed that the county infringed its religious freedom by interfering its housing the homeless. The Palm Beach Post reports that Circuit Judge David Crow's opinion says: "there was substantial and competent evidence presented that the ordinances and codes in question do serve a compelling state interest in promoting health and safety".

Army Chaplain's Bible Study Guides Create Controversy

Jews on First this week has a long posting on a controversy over study guides used in Bible study classes for US soldiers conducted by the Protestant chaplain at the Ft. Leavenworth, Kansas Army Base. Some of the study materials, posted for a while on the Command Chaplain Bible Studies website, appear to disparage Judaism.

Religious Belief No Defense To Order To Restore Competency To Stand Trial

In United States v. Smith, 2007 U.S. Dist. LEXIS 42839 (D KS, June 12, 2007), a federal district court judge was able to reject, largely by way of language in a footnote, a pre-trial detainee's religious objections to being required to take anti-psychotic medications in order to restore his competency to stand trial. The detainee, Isaac Smith, claimed that one reason he did not want to take the medication was that God had healed him. In a footnote, the court said: "defendant does not suggest how a court order ... would prohibit his free exercise of religion. Further, the Court finds that the government's compelling interest in prosecuting this serious crime outweighs any First Amendment interest that may exist here."

Do Public Accommodation Laws Limit Ability To Carry Out Shunning?

Suits filed yesterday by the Arizona Attorney General against two restaurant owners raise the interesting question of how far members of religious groups can go in implementing a religious decision to excommunicate or "shun" a fellow member without violating civil rights laws. According to the Associated Press the lawsuits charge the restaurant owners, who are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, with refusing to serve Isaac Wyler and Andrew Chatwin who were excommunicated in 2004 by then-FLDS leader Warren Jeffs. One of the suits claims that FLDS members are taught to shun Jeffs opponents. (AP) The restaurants are located in Colorado City, Arizona, one of the centers of the FLDS Church-- best known for its continued practice of polygamy. Commenting on the suit, a representative of the Arizona Attorney General's office said that refusing to serve Wyler and Chatwin because they are not FLDS member violates Arizona law: "The law in Arizona says that if you operate a place of public accommodation, you cannot refuse service based on religion." The suits seek damages and a court order prohibiting future discriminatory conduct.

Tennessee AG Says Grants To Churches Violate Establishment Clause

On Monday, Tennessee's legislature passed the state budget bill, HB 2353, containing provisions for Community Enhancement Grants that the Secretary of State may award to charities, non-profit organizations and governmental agencies. The grants can be used for public safety activities, educational initiatives, cultural activities, or community development activities. (Tennessean, Chattanooga.com). However, an opinion issued by the state's Attorney General at the request of a legislator effectively eliminated the possibility of awarding such grants to churches. Opinion No. 07-94 said that it would be a violation of the Establishment Clause to give such grants to churches, or pervasively sectarian youth groups affiliated with churches, without specific instructions on how the funds are to be spent. However, it said, any attempt to monitor restrictions on use of grant funds might create a risk that the state would become excessively entangled with the day-to-day operations of these religious organizations, also an Establishment Clause violation. [Thanks to Blog from the Capital and to Jack Shattuck for the leads.]

New Commission To Study Church-State Relations In Czech Republic

The Prague Post reports that on May 30, Czech Republic Culture Minister Václav Jehlička created a six-member Commission for Church-State Relations to develop a plan to compensate churches for confiscated property and to formalize the relationship between church and state. In 1948, officials in then-Communist Czechoslovakia took control of the Catholic church in the country. It confiscated Church property and began paying the salaries of priests. Today, when over half of the country's population claim to be atheists, taxpayers are still subsidizing the salaries of Catholic clergy. The Catholic Church also wants the new Commission to look into entering an agreement with the Vatican to spell out the role of the Church in the Czech Republic. All other European countries have such an agreement.

2nd Circuit Allows 9-11 Detainee to Proceed With Religious Discrimination Claims

Yesterday in Iqbal v. Hasty, (2d Cir., June 14, 2007), the U.S. 2nd Circuit Court of Appeals refused to dismiss a number of constitutional claims, including claims of religious discrimination and interference with religious practice, brought by a Pakistani Muslim who was detained after 9-11 in Brooklyn, New York's Metropolitan Detention Center. In the suit which is seeking damages for civil rights violations, the court refused to find that the facility's former warden had qualified immunity as to plaintiff's claim that he was not allowed to attend Friday prayers, that prison guards banged on his door when he tried to pray, and that his Koran was routinely confiscated. The court also refused to dismiss on qualified immunity grounds claims against Attorney General John Ashcroft, and FBI Director Robert Mueller that they targeted him for mistreatment and classified him as a detainee of high interest solely because of his race, ethnicity and religion. Yesterday's Washington Post discusses the decision.

Chinese Officials Demolish Buddhist Statue At Monestary

The International Campaign for Tibet reports that a 30 foot statue of the 8th century founder of Buddhism in Tibet-- Guru Rinpoche (Padmasambhava)-- donated by Chinese Buddhists to Tibet's Samye monastery, was demolished by Chinese People's Armed Police last month. A regulation adopted in China in 2005, and in the Tibet Autonomous Region this year, prohibits construction of "large-size outdoor religious statues" by individuals or organizations "other than religious bodies, monasteries, temples, mosques and churches." Even when erected by a religious body, both Tibetan and Chinese religious affairs officials would need to approve.

Justice Department Increasingly Focusing On Religious Rights Cases

This morning's New York Times carries a long front-page article on a shift in emphasis by the Bush Justice Department's Civil Rights Division. Cases challenging religious discrimination or seeking to vindicate religious rights are getting more attention, while hate crimes cases and cases involving dilution of voting rights of African Americans are being brought less often. Cases under the Victims of Trafficking and Violence Protection Act of 2000 against individuals bringing women into the U.S. to work in brothels have also been emphasized. The article reports that these cases are particular favorites of employees with religious backgrounds who see them as combating a form of slavery. The article reports that there has been an increase in staff hiring from religiously-affiliated law schools, and it charges that political appointees have steered annual merit bonuses to religiously-oriented employees. [Thanks to Steven H. Sholk for the lead.]

Appeal Filed in 10th Circuit Over Exclusion of Sectarian Schools From Aid Program

Yesterday, Colorado Christian University filed an appeal with the U.S. 10th Circuit Court of Appeals in its dispute with the Colorado Commission on Higher Education over the exclusion of pervasively sectarian schools from the state's tuition assistance program for college students. In Colorado Christian University v. Baker, a federal district court upheld the exclusion, finding that it furthered the ban in Colorado's state constitution on aid to any college or university controlled by any sectarian denomination. A press release by CCU announcing the appeal points out the Department of Justice filed an amicus brief in the district court supporting CCU's argument that its exclusion amounted to religious discrimination by the state.

Texas Governor Signs Student Religious Expression Law

KCBD News reports that on Monday, Texas Governor Rick Perry signed into law HB 3678, the Religious Viewpoint Anti-Discrimination Act. (See prior posting.) The new law sets out a model policy for schools to use in protecting religious speech by students and requires schools to establish a limited public forum for student speakers at school events. Under the Model Policy, this includes football games, opening announcements and graduation ceremonies. It also assures students the right to include religious expression in class assignments and to form extracurricular religious groups on an equal basis with those seeking to create non-religious organizations.

In signing the bill, Perry said: "Education is about open-mindedness and learning from one another's thoughts and philosophies. Therefore we cannot - and should not - shield or discourage our children from expressing religious views in school. Stifling discussion in order to appease a secular-only environment will prevent students from growing both academically and personally."

Arizona School Voucher Program Upheld

In Cain v. Horne, (AZ Super. Ct., June 13, 2007), a Maricopa County, Arizona Superior Court judge held that the state's school voucher program does not violate the Arizona constitution's ban on appropriating public funds for religious instruction or for private or sectarian schools. Yesterday's Arizona Star reports on the decision and reaction of the parties to it.

IRS Asked To Investigate RI Diocese Because of Anti-Giuliani Editorial

Americans United for Separation of Church and State yesterday announced that it had sent a letter to the Internal Revenue Service asking it to investigate whether the Roman Catholic Diocese of Providence, R.I. had become improperly involved in electoral politics in violation of restrictions on Section 501(c)(3) tax-exempt organizations. In a May 31 editorial, Bishop Thomas J. Tobin, writing in the Rhode Island Catholic, attacked Republican presidential hopeful Rudy Giuliani's views on abortion rights, and saying that he is therefore turning down an invitation he received to a Giuliani fundraiser.

Court Rejects Muslim Officer's Challenge To Police Uniform Requirements

In Webb v. City of Philadelphia, (ED PA, June 12, 2007), a Pennsylvania federal district judge rejected a Title VII religious discrimination claim by a Muslim police officer who wanted to cover her head for religious reasons with a khimar ("a traditional garment ... which covers the hair forehead, sides of the head, neck, shoulders and chest"). She planned to tuck the lower portion inside her police shirt and wear her police hat. The court held:

Prohibiting religious symbols and attire helps to prevent any divisiveness on the basis of religion both within the force itself and when it encounters the diverse population of Philadelphia.... Police Directive 78 is designed to maintain religious neutrality, but in this case in a para-military organization for the good not only of the police officers themselves but also of the public in general. Under the circumstances, it would clearly cause the City an undue hardship if it had to allow plaintiff to wear a khimar.

The court also rejected plaintiff's claim of a hostile work environment and retaliation. The Associated Press yesterday reported on the decision. [Thanks to How Appealing for posting the opinion.]

Interview With Critic of Evangelism In the Military Published

BuzzFlash yesterday published a long interview with Mikey Weinstein, founder of the Military Religious Freedom Foundation on his book, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military. Focusing on concerns with proselytizing at the Air Force Academy, Weinstein said:

We now have about seventeen active cases going on at the Academy. Over forty-two hundred members of the U.S. military -– Marines, sailors, soldiers, airmen, veterans –- have come talk to us, and roughly 96% of them are Christians. About three-fourths would be traditional Protestants such as Presbyterians, Lutherans, Methodists, Episcopalians, Church of Christ, and Baptists. The other one-fourth are primarily Roman Catholic, with the balance being Jewish, Islamic, Buddhist, Hindu, or Wicken.

Basically you have dominionist evangelical Christians pray/preying -– on non-Evangelical Christians, telling them: You know what? You may think you’re a Christian, but you’re not actually Christian enough. And as a result, you’re going to burn eternally in the fires of hell along with the Jews.

Britain Proposes To Consolidate and Modernize Its Anti-Discrimination Laws

On Tuesday, Britain's Ministry of Justice, Department of Communities and Local Government, published a consultation document on a proposal to consolidate all of the country's anti-discrimination laws into a Single Equality Bill. Among the questions the document raises on religious discrimination are whether the government should ban religious discrimination by private clubs (except those set up for members of a specific religion), and whether organized religion should be able to treat people differently because of gender reassignment. The Guardian reports on reactions from reformers who believe that the proposals in various areas do not go far enough.

Bush Speaks To Southern Baptist Convention Meeting

Yesterday, President George W. Bush spoke via satellite to the Southern Baptist Convention at its annual meeting in San Antonio (full text). He said: "I thank you for your Christian witness, I thank you for your defense of religious liberty, and I appreciate your many good works that make our nation a stronger and more hopeful place." His remarks covered a wide range of issues: judicial appointments, promoting "a culture of life", fighting AIDS and malaria in Africa, and the situation in Darfur. Reporting on the speech, the Baptist Standard said that Bush was given a standing ovation and sustained applause punctuated by whistles and cheers. The Baptist Press coverage of the talk includes a photo of the audience listening to the closed circuit broadcast.

Cert. Denial From April (Not Previously Reported)

Earlier this term, on April 23, the U.S. Supreme Court denied certiorari in Shepp v. Shepp (Case No. 06-9580) (Order List). In the case, the Pennsylvania Supreme Court had refused to order a divorced father to refrain from discussing his religious views that favor polygamy with his daughter whose custody he is sharing. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Sefeldeen v. Alamedia, (9th Cir., June 4, 2007), the U.S. 9th Circuit Court of Appeals held that a Muslim prisoner failed to show that his rights under either RLUIPA or the First Amendment were violated when prison authorities offered him the vegetarian meal plan instead of meals containing Halal meat.

Mobley v. Smith, 2007 U.S. Dist. LEXIS 40229 (WD MI, June 4, 2007), involved a complaint by a prisoner over the delay he experienced in receiving kosher meals after he converted to Judaism. A Michigan federal district court permitted plaintiff to continue with his free exercise claim, though it said it might dismiss it after further facts are developed. It rejected his claim that he suffered unconstitutional cruel and unusual punishment from food deprivation because he ate only fruits and vegetables in order to observe his kosher diet.

In Jeansonne v. Richland Parish Detention Center, 2007 U.S. Dist. LEXIS 40183 (WD LA, April 11, 2007), a Louisiana federal magistrate judge rejected a prisoner's free exercise claim. The prisoner had complained that officials only permitted him to practice his Wiccan religion in his residence dormitory, and not outside it, out of concern about reaction from Christian prisoners.

In Petersen v. Price, 2007 U.S. Dist. LEXIS 40499 (ND WV, June 1, 2007), a federal prisoner complained about his removal from the Bureau of Prisons kosher meal plan. A West Virginia federal Magistrate Judge recommended dismissal of claims against certain of the defendants, finding they were not sufficiently involved. He also recommended dismissal of plaintiff's RLUIPA claims, find that RLUIPA applies only to state and local governments. He found further that officials were justified in removing plaintiff from the meal plan after plaintiff purchased non-kosher food at the prison commissary. Finally he rejected plaintiff's complaint regarding non-kosher lunch bags during lock downs, and rejected plaintiff's retaliation and equal protection claims.

In Smith v. Frank, 2007 U.S. Dist. LEXIS 41243 (ED WI, June 5, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his First Amendment, RLUIPA and state law claims growing out of a prison official's taking a federally protected Eagle feather from plaintiff, who is an enrolled member of a federally recognized Indian tribe.

In Thaxton v. Strode, 2007 U.S. Dist. LEXIS 41247 (WD KY, June 3, 2007), a Kentucky federal district court permitted a Jewish prisoner who was not permitted to attend Muslim worship services to proceed with a First Amendment claim. Plaintiff claims that he goes to all religious services to study God's word and to pray. Jail authorities had denied his request based on "past history of violence/hatred between [the] Muslim [and] Jewish Religion".

Oregon House Passes Workplace Religious Freedom Bill

Last week, the Oregon House of Representatives passed and sent to the state Senate HB 3539, the state's workplace religious freedom act, according to last Sunday's Salem News . The bill requires employer to provide reasonable accommodation to employees' religious observance or practices, requires that employees be permitted use certain leave for religious holidays, prohibits occupational requirements that restrict employees' right to wear religious clothing, to take time off for holy days or to participate in religious observance or practice so long as the activities have only temporary or tangential impact on an employee's ability to perform job functions. The bill also provides that schools do not commit unlawful employment practice by prohibiting teachers from wearing religious dress while engaged in their teaching duties.