President Welcomes Nuns-on-the-Bus Leader Seeking Immigration Reform To White House

On Thursday, according to the White House Blog, President Obama met at the White House with Sister Simone Campbell, the Executive Director of NETWORK, a National Catholic Social Justice organization.  Sister Simone  was in Washington on Day 3 of NETWORK's "Nuns of the Bus" coast-to-coast tour calling for "commonsense immigration reform."

EEOC Sues Trucking Company That Refused To Reassign Muslim Drivers Who Objeced To Alcohol Delivery

Land Line reports on the lawsuit filed May 29 by the EEOC against Illinois-based Star Transport, Inc. (EEOC press release). The suit charges that the trucking company failed to provide a reasonable accommodation of religious beliefs to two Muslim drivers whose employment was terminated when they objected to driving trucks delivering alcohol. The complaint alleges that the company could have avoided assigning these employees to alcohol delivery without undue hardship on the employer. The suit seeks back pay and damages for the drivers, as well as an order barring future discrimination and other relief.

UPDATE: Here is the full text of the complaint in EEOC v. Star Transport, Inc., (CD IL, filed 5/29/2013). [Thanks to Volokh Conspiracy for the link to the complaint.]

3rd Circuit Hears Oral Arguments In Business' Contraceptive Mandate Challenge

As reported by Fox 43 News, on Thursday the U.S. 3rd Circuit Court of Appeals heard oral argument in Conestoga Wood Specialties Corp. v. Sebelius. An audio recording of the full oral arguments are now available. (.wma file). In the case, a Pennsylvania federal district court refused to issue a preliminary injunction against enforcement of the Affordable Care Act’s contraceptive coverage mandate in a suit brought by a small wood specialties manufacturing company and its five Mennonite Christian owners. (See prior posting.) The 3rd Circuit refused to grant a stay pending appeal. (See prior posting.)

Rev. Andrew Greeley Dies

In an extensive review of his life and accomplishments, the Chicago Tribune reports:

The Rev. Andrew Greeley, the outspoken Roman Catholic priest, best-selling novelist and sociologist known for his deeply researched academic appraisals and sometimes scathing critiques of his church, died Wednesday night, several years after fracturing his skull in a freakish fall....

A highly-regarded sociologist, preternaturally prolific author and unabashedly liberal Chicago priest, the Rev. Greeley regularly took his church to task in both his fiction and his scholarly work. His non-fiction books covered topics from Catholic education to Irish history to Jesus' relationships with women.

AU Promotes Church-State Separation With Humorous Celebrity Music Video

Americans United in a press release yesterday announced their petition drive in support of separation of church and state, promoted in a surprising music video by Jane Lynch and Jordan Peele.  The video, aimed at social media, is described by AU:

 Lynch portrays “Church” and Peele portrays “State” as the duo, decked out in cheesy 1970s garb, perform a special song concluding they’re not right for one another and it would be best if they separated for good.

 

Tennessee Appeals Court Says Notice For Meeting On Controversial Mosque's Site Plan Was Adequate

In Fisher v. Rutherford County Regional Planning Commission, (TN App., May 29, 2013), a Tennessee Court of Appeals reversed a trial court's holding that Rutherford County had given inadequate public notice of a meeting which approved the site plan for the controversial Murfreesboro mosque. The court rejected the trial court's conclusion that special notice was required because of the public interest in the mosque's application. The appeals court decision has little practical effect in the actual case since as a result of federal litigation the mosque has been completed and is now in use. The Murfreesboro Post reports on the decision.

Nigerian Parliament Passes Bill To Ban Gay Marriages and Criminalize Gay Advocacy

The Washington Post reports that yesterday Nigeria's House of Representatives passed by voice vote a bill that had been passed by the Senate in 2011 that would ban same-sex marriage ceremonies in any church or mosque. Same-sex couples who marry would face up to 14 years in prison, while anyone who assists them would face a sentence of up to 10 years.  Also under the bill, anyone involved in an organization that advocates for gay rights, or anyone who engages in a "public show" of affection also could face 10 years in prison. It is not clear whether President Goodluck Jonathan will sign the bill.  Britain has threatened to cut off aid to any country that discriminates against gays. If the bill becomes law, it will likely be challenged in court.

Court Says State Civil Rights Commission Has Jurisdiction Over Homeschooling Organization

In Fishers Adolescent Catholic Enrichment Society, Inc. ["FACES"] v. Bridgewater, (IN Ct. App., May 29, 2013), an Indiana appeals court affirmed most of the decision of an administrative law judge in a suit brought by the Indiana Civil Rights Commission against FACES, a non-profit group created to provide enrichment opportunities for home schooled children.  The Civil  Rights Commission became involved when one family complained that FACES refused to make health-related dietary accommodations for their daughter at a masquerade ball sponsored by the organization.  Then the family was expelled from FACES after it filed the civil rights complaint, and they supplemented their complaint with a retaliation claim. (See prior related posting.) FACES argued, among other things, that permitting the state civil rights commission to intervene would constitute religious entanglement in violation of the Establishment Clause. The court disagreed:

Homeschooling and religion are two areas in which people can largely expect to be free of government regulation, and often they are intertwined. Parents have many reasons for choosing to homeschool their children, but a common reason is a desire to provide moral or religious instruction. In this instance, parents make a conscious choice to place themselves outside state authority as it relates to their child’s education.... We are sensitive to this and wary of intruding upon their freedom to do so. And yet we believe that a group—even a religious one—may take certain steps to place itself within the purview of the ICRC in this state. ...

The ICRC inquired into FACES’ accommodation of Alyssa’s dietary needs and retaliatory expulsion of the Bridgewater family. There is simply no religious entanglement issue here—there is no evidence that either of these inquiries resulted in governmental interference with the tenets of the Catholic faith.

The administrative law judge and the court held for plaintiffs only on the retaliation claim. The ALJ ordered in part that the family be reinstated into membership in FACES.  FACES argued that this order is not permissible under the Supreme Court's Hosanna-Tabor ministerial exception decision because it interferes with the group's ministering to one another. The Indiana court disagreed, saying: "This is not an employment case, FACES is not a religious employer, and the ICRC is not ordering FACES to make anyone a minister." The court also rejected FACES' expressive association claim. However it reversed the ALJ's order that the ALJ's decision be posted on all websites on which FACES has communicated information regarding this case.

Judge Bailey wrote a separate opinion concurring in the result, but arguing that the majority in dicta interpreted the Civil Rights Commission's authority too broadly. He said in part:

I do not think the reach of the ICRL extends so far as to encompass a social activity like the Masquerade Ball. Put more simply: I do not think, based upon the language of the ICRL, that the ICRC would have properly had subject matter jurisdiction over the Bridgewaters’ complaint were it not for FACES’s retaliatory conduct.

The Indianapolis Star reports on the decision.

Developments In 2 Ten Commandments Suits

As previously reported, last September the Freedom From Religion Foundation filed suit against the Connellsville, Pennsylvania school district challenging a Ten Commandments monument that has stood near the auditorium entrance of a now-junior high school building for over 50 years. In March, the court denied defendants' motion to dismiss. The Pennsylvania Record reports that last week the court agreed that plaintiffs in the case can proceed anonymously.  Supporters of the monument meanwhile have been active. Yesterday Trib Live reported that they have organized a "Thou Shall Not Move" committee, and have raised funds by sale of Ten Commandments yard signs. The money will be used to put up Ten Commandments stone monuments at 25 local churches that want them.  Meanwhile the committee put up the first of its monuments at the Fraternal Order of Eagles building, recognizing the FOE's role in placing Ten Commandment monuments at public locations around the country decades ago.

In a separate Florida case, a new settlement has been reached in a suit by American Atheists challenging a 5-foot high granite Ten Commandments monument that had been erected in the courtyard of the Bradford County Courthouse. As previously reported, to avoid litigation costs the county directed the Community Men's Fellowship, the group that sponsored the monument, to remove it. However the group refused, and apparently filed its own lawsuit against the county. That led to a mediation conference and all all parties agreeing on an alternative settlement arrangement. (Full text of March 13 mediation report and agreement.) The Ten Commandments monument will remain up, but American Atheists will place next to it a 1,500-pound granite bench engraved with quotations from Thomas Jefferson, Madalyn Murray O’Hair, Benjamin Franklin, and others. The unveiling of the monument is scheduled for June 29. (American Atheists May 29 press release). ABA Journal reports on developments.

Federal Court Dismisses Christian School's Attempt To Enjoin Teachers From Suing For Discrimination

In Family, Life, Faith and Freedom Educational Corporation v. Serrano, (CD CA, May 28, 2013), a California federal district court dismissed a lawsuit that was brought by a private Christian school against two of its teachers and the teachers' attorneys seeking to enjoin them from filing an employment discrimination suit against the school in state court.  The two teachers' contracts were not renewed after they refused too fill out pastoral reference letters and statements of faith to reflect their abilities to be "spiritual leader[s]" in the classroom.  The school claimed that filing the religious discrimination lawsuits against it would violate its rights under the free exercise, establishment and equal protection clauses. The federal district court concluded:

Plaintiff’s entire complaint consists of anticipated defenses to a yet-to- be-filed state court religious discrimination suit, and thus no federal question is raised.

The court found the lawsuit legally baseless and ordered Plaintiff’s counsel
to pay Defendants $14,520 in attorney’s fees as a sanction under Rule 11 of the Federal Rules of Civil Procedure. Thousands Oaks Acorn reports on the decision.

Papua New Guinea Parliament Moves To Stop Violence Against Accused Sorcerers

The New York Times reported yesterday that the Parliament of Papua New Guinea  has taken action to deter the wave of violence, torture and killing that has been directed at individuals accused of sorcery. Parliament voted to repeal the 1971 Sorcery Act and also expanded the death penalty for a number of crimes including rape, robbery and murder. The new law allows execution by lethal injection, asphyxiation, firing squad and electrocution. [Thanks to Scott Mange for the lead.]

Court Tells Black Supremacist Religious Group To Move Its Demonstrations

In Philadelphia last week, a state trial court judge issued a preliminary injunction requiring members of the Black separatist Israelite School of Universal Practical Knowledge (ISUPK) to move their weekly demonstration away from the front of One Liberty Place-- a prominent skyscraper in downtown Philadelphia.  ISUPK is part of the Hebrew Israelite movement and considers African-Americans to be descendants of the 12 Tribes of Israel.  According to The Pennsylvania Record, ISUPK demonstrators were regularly engaging in hate speech against women, whites and gays. The court found that the group's  demonstrations were being conducted on private property. The court said that demonstrators could use a nearby public sidewalk so long as they do not interfere with pedestrian or vehicular traffic.

Supreme Court Review Sought In University's Firing of VP For Op-Ed On Homosexuality

The American Freedom Law Center announced Tuesday that it has filed a petition for certiorari (full text) seeking U.S. Supreme Court review of the 6th Circuit's decision in Dixon v. Jacobs.  In the case, the Court of Appeals held that the University of Toledo (OH) did not violate the 1st Amendment free speech rights of its Associate Vice President for Human Resources when it terminated her because of an op-ed column she wrote expressing her views about homosexuality. (See prior posting.)

California Court Sets Deadline For Release of Orders' Personnel Files On Accused Members

Southern California Public Radio reports that a Los Angeles Superior Court judge yesterday set September 10 as the deadline for 50 independent religious orders in the Los Angeles Catholic Diocese to release personnel files of members who have been accused of abusing children. The release was agreed to in a 2007 settlement of litigation.  The Archdiocese personnel files have already been released, but now files of up to 100 additional priests and brothers will become public.

Canadian Court Upholds City Council Invocations

Canadian Press reports that the Quebec Court of Appeal has upheld the practice of opening city council meetings of the municipality of Saguenay with a non-denominational prayer. The court concluded that the city was not imposing religious views on its citizens, saying that residents were free to leave the meeting during the prayer. In 2011, Quebec's human rights tribunal had ordered an end to the prayers and also had ordered removal of a crucifix that was in city council chambers.  The court, while upholding the prayer, expressed concern over Christian religious symbols in city council chambers, as well as over the attitude of Saguenay's mayor Alain Simoneau who had said that he was pressing the case because he loved Christ and wanted to be able to tell him "I fought for you." The full text of Saguenay v. Mouvement Laique Quebecois (Que. Ct. App., May 27, 2013) is available online in French.

British Christians Denied Appeals To European Court's Grand Chamber

The Guardian reports that the European Court of Human Rights on Monday refused a request to permit an appeal of ECHR Chamber judgments to the Grand Chamber by three British Christians who in January lost their challenge to their employers' refusal to accommodate their religious beliefs. (See prior posting.) The 3 parties who were denied appeals were Shirley Chaplain, a geriatric ward nurse, who was not permitted to wear a necklace displaying a cross; Lillian Ladele, a local registrar who refused on religious grounds to conduct civil partnership ceremonies; and Gary McFarlane, a counselor who expressed Christian religious concern about providing psycho-sexual therapy to same-sex couples.

Australian Court Sets Aside Commercial Ruling of Jewish Religious Court

In Thaler v. Amzalak, (NSW Sup. Ct., May 27, 2013), the Supreme Court of the Australian state of New South Wales set aside an award by a Bet Din (Jewish religious court) in a commercial dispute. The Bet Din had ordered that respondent Benny Amzalak return to petitioner J Thaler $318,000 that Thaler had paid for stock in a company. The stock was never transferred to Thaler. Amzalak, however, argued that he was merely acting as an agent in the transaction for a Mr. Tan. When Amzalak refused to comply with the Bet Din's decisions, two of the 3 rabbis on the Bet Din issued a "Siruv" excommunicating Amzakek until he complied. Amzale appealed the Bet Din's decision to the civil courts.  The Supreme court set aside the award, finding bias and various procedural irregularities in the Bet Din's proceedings. JTA reports on the decision.

Episcopal Parish and Diocese Settle Sex Harassment Charges With EEOC

The EEOC announced last week that a settlement has been reached in its sexual harassment suit against Grace Episcopal Church of Whitestone, Inc., a parish of the Episcopal Diocese of Long Island. The church will pay $192,000 to settle charges that an interim rector at the church subjected two female employees-- a secretary and a sexton-- to unwelcome advances, sexual remarks, kissing and groping, and fired the secretary who resisted the advances. The consent decree also requires other steps to prevent and monitor sexual harassment, including furnishing church and diocese employees and all churches within the diocese with copies of revised policies on sexual harassment.

NY Archdiocese Has Been Paying Indirectly For Employee Health Care Contraceptive Coverage

The New York Times reported Sunday that despite the leadership of New York's Cardinal Timothy Dolan in the fight against requiring religious organizations to cover contraceptive services in their health plans, the New York Archdiocese has been quietly, but reluctantly, indirectly paying for contraceptive coverage for thousands of its unionized employees for over a decade. ArchCare, the Catholic Health Care System, belongs to the League of Voluntary Hospitals and Homes, a multi-employer organization that negotiates on health care coverage with the unions representing its members' workers. ArchCare's workers belong to 1199 SEIU United Health Care Workers East and get the same health care coverage as employees of over 100 other nonprofit nursing homes and hospitals in the New York area. ArchCare pays approximately 25% of each employee's base pay into the union's National Benefits Fund.  That fund pays for employees' insurance.

City Officials Denied Attorneys' Fees Despite Plaintiffs' Dismissal of Establishment Clause Challenge

In Arneson v. Grebien, (D RI, May 22, 2013), a Rhode Island federal district court refused to award attorney' fees to Pawtucket, Rhode Island officials who were successful in avoiding liability in a second lawsuit that was brought by city homeowners and taxpayers challenging under the Establishment Clause (as well as on other grounds) the city's policy of allowing Catholic schools to use publicly owned athletic fields without charge. Plaintiffs ultimately voluntarily dismissed their lawsuit, though not for some time after the city prevailed in another lawsuit raising similar, but not identical challenges. (See prior posting.) Nevertheless, the court concluded that the prevailing defendants did not meet the extremely high standard imposed in order to obtain a fee award under 42 USC 1988.