NC Court Rejects Free Exercise Defense To Drug Charges

In State v. Carignan, (NC Ct. App., July 18, 2006), a North Carolina appellate court rejected arguments by Benjamin Carignan that his prosecution for possession of marijuana and of drug paraphernalia violated his constitutionally protected rights of free speech and religion. Carignan says that he is an ordained minister in the Universal Life Church and smokes marijuana for religious reasons as part of his adherence to the Hawaiian Cannabis Ministry. The court found that there had been no showing that the prosecution violated Carignan's free speech rights, and that neither state nor federal protections of religious freedom were violated by the prosecution.

North Korea's First Russian Orthodox Church

The Associated Press reports that North Korea's first Russian Orthodox Church held it inaugural mass on Sunday. Vice Premier Kwak Pom Gi and other government officials attended the service at Pyongyang's Trinity Church. Ho Il Jin, the chairman of the Korean Orthodox Church Committee, said rather cryptically that the North Korean government will "successfully manage and operate the church". The opening is expected to help relations between North Korea and Russia.

More Prisoner Free Exercise Cases

A number of prisoner free exercise decisions have recently become available. Some date back a few months. In all of them, inmates were unsuccessful in challenging prison or halfway house rules:

In Smith v. Ozmint, 2006 U.S. Dist. LEXIS 54852 (D SC, March 31, 2006), a South Carolina federal district court accepted a Magistrate Judge's recommendation that a preliminary injunction be denied in a RLUIPA challenge to prison grooming policies by a Rastafarian prisoner.

In Wren v. Johnson, 2006 U.S. Dist. LEXIS 54183 (SD TX, July 26, 2006), a Texas federal district court dismissed an action by a Native American prisoner who alleged that he was denied the opportunity to participate in sweat lodge and pipe ceremonies.

In Grigsby v. Sims, 2006 U.S. Dist. LEXIS 55599 (SD OH, Aug. 10, 2006), an Ohio federal district court dismissed an inmate's claim that his free exercise rights were violated when he was required to work on Sundays. The inmate failed to present evidence to support his claim that he is a practicing Christian who sincerely believes that Sunday should be observed as a day of rest. UPDATE: For the Magistrate Judge's report and recommendations in the case (adopted by the court), see 2006 U.S. Dist. LEXIS 59860 (SD OH, June 28, 2006).

In Roberts v. Ozmint, 2006 U.S. Dist. LEXIS 55486 (D SC, Aug. 7, 2006), a South Carolina federal district court rejected a Hebrew Israelite prisoner's claim that forced haircuts violate his free exercise rights.

In Hastings v. Marciulionis, 434 F. Supp. 2d 585 (D WI, June 6, 2006), a Wisconsin federal district court rejected an inmate's challenge to rules of a halfway house program that prevented him from leaving to attend religious services or a Pow Wow during his first 14 days in the program and which precluded him from possessing an eagle feather at the halfway house.

Court Does Not Stop City-Sponosored "Day of Faith"

In Jacksonville, Florida, a federal district judge Saturday morning refused to issue an injunction against Saturday's "Day of Faith" event sponsored by Mayor John Peyton, Sheriff John Rutherford and Jacksonville's city council. The sponsors invited the city's faith communities to take part in the rally to "take back our neighborhoods" after the city experienced a large increase in murders this year. The lawsuit claimed that it is a violation of the First Amendment for the city to sponsor a religious event on city property with city funds. News4Jax.com reported that the judge did not rule on the constitutional issue, finding instead that the parties were not given adequate notice of the suit. The suit was not filed until late Friday afternoon.

Religious Issues Dominate Murder Trial In Turkey

In Turkey on Friday the trial of Alparslan Arslan and eight accomplices began. Arslan is accused of the May 17 shooting in the Council of State, Turkey's highest administrative court, that wounded four judges and killed one. The shooting, according to Reuters, was prompted by Arslan’s anger over a ruling by the court that upheld denying promotion to a Muslim kindergarten teacher for wearing a headscarf outside of the classroom. (See prior posting.) The AP reports that during Friday’s trial, Arslan twice unsuccessfully attempted to escape from toe courtroom to attend Friday prayers. The first attempt came in the morning after the presiding judge refused to interrupt the proceedings so the defendant could go to pray. The second attempt came in the afternoon when Arslan heard the call for prayer from a nearby mosque.

"Ministerial Exception" Blocks 2 Title VII Race Cases

In Bogan v. Mississippi Conference of the United Methodist Church, 433 F. Supp. 2d 762 (SD MI, May 5, 2006), a Mississippi federal district court rejected a racial discrimination claim filed under Title VII by an African-American pastor who argued that he and other African-American pastors had not been promoted to higher paying church positions because of their race. They were offered positions only with churches that had majority African-American members, and which generally paid less than other churches. He also claimed that he was placed on administrative leave for absences from his parsonage while Caucasian pastors were not similarly penalized. However the court held that the "ministerial exception" to Title VII, rooted in first Amendment concerns, required it to dismiss the case. It also rejected plaintiff’s attempt to rely on the Religious Freedom Restoration Act.

In Ajabu v. St. James United Methodist Church, 2006 U.S. Dist. LEXIS 55014 (MD GA, Aug. 8, 2006), a Georgia federal district court relied on the ministerial exception to Title VII to dismiss a case brought by a black pastor who claimed that he was terminated as Associate Pastor of a white church for racial reasons, and that the church's claim of doctrinal differences was merely a pretext.

Controversy Over Sunday Use Of City Ball Fields

The Waterbury, CT Republican-American reported Wednesday on a decision taken last month by the Watertown (CT) Parks and Recreation Commission to reinstate a prior policy that precluded the granting of permits for Sunday morning use of the city’s athletic fields by sports teams. This had been the city’s policy until last March when the Commission, under pressure from youth sports organizations, voted to allow the recreation department to issue Sunday morning permits. After clergy and residents objected to the new policy, arguing that Sunday mornings should be reserved for religious services and quality family time, the Commission reinstated its old policy. That action, in turn, has led the state chapter of American Atheists to object. Its director, Dennis Paul Himes, wrote the Commission saying that he personally felt the well-being of families and upbringing of children would be improved "by spending time in practically any activity except going to church." He urged the Commission to let individuals decide for themselves what Sunday activities they prefer.

RI Auto Dealer Sunday Closing Law Upheld

In Lynch v. Autoplex, C.A., 2006 R.I. Super. LEXIS 98 (RI Super., July 25, 2006), a Rhode Island trial court held that the state's Sunday Motor Vehicle Law does not violate the Establishment Clause. The law (RIGL 31-5-19) requires auto dealerships to remained closed on Sundays.

US Muslims Object To Bush's Statement On Terror Arrests

In a statement in Green Bay, Wisconsin yesterday, President George W. Bush reacted to British arrests in an alleged terrorist airplane bombing plot, saying: "The recent arrests that our fellow citizens are now learning about are a stark reminder that this nation is at war with Islamic fascists who will use any means to destroy those of us who love freedom, to hurt our nation. " Reuters reports that leaders of Muslim advocacy groups in the United States strongly criticized the President's choice of language. Nihad Awad, executive director of the Council on American-Islamic Relations, said: "We believe this is an ill-advised term and we believe that it is counterproductive to associate Islam or Muslims with fascism. We ought to take advantage of these incidents to make sure that we do not start a religious war against Islam and Muslims."

Good News Clubs Win Again In 4th Circuit

Yesterday in Child Evangelism Fellowship of Maryland, Inc. v. Montgomery County Public Schools, (4th Cir., Aug. 10, 2006), the U.S. 4th Circuit Court of Appeals again struck down the Montgomery County Maryland Public Schools' policy on approval of take-home flyers. The suit was brought by the Good News Clubs that wished to publicize their after-school Bible group meetings offered to elementary school students. In its second decision in the case, the court found that in a new policy adopted after an earlier one was struck down, the school system retained unfettered discretion in deciding which flyers could be sent home with children. Thus, even if the flyer policy involved merely a non-public forum, the unbridled discretion it gave to school officials violated free speech protections because it failed to assure that the policy would be administered in a viewpoint neutral manner. The Associated Press has a short article on the decision. [Thanks to Derek Gaubatz via Religionlaw for the information.]

Colorado Court Allows Church Challenge To Parking Limits

In Town of Foxfield v. Archdiocese of Denver, (Colo. Ct. App., Aug. 10, 2006), a Colorado appellate court considered challenges to an ordinance that restricted parking near the rectory of a Catholic parish. The rectory is used for housing, religious instruction, and gathering of parishioners, and the property also contains a small chapel. The court held that church activities affect interstate commerce sufficiently to make RLUIPA applicable. It also held that the parking ordinance's delegation of exclusive enforcement authority to citizens constituted governmental enforcement through individualized assessment under RLUIPA. The court held that the ordinance at issue was not exempt from Colorado's Freedom to Gather and Worship Act as a "general parking ordinance". Finally it held that the trial court should have applied strict scrutiny in assessing the constitutionality of the parking ordinance because it is not a neutral law of general applicability. There was evidence that it was specifically passed to target the rectory, and its enforceability only after the city receives written complaints from three neighbors creates the possibility of arbitrary enforcement. The decision is reported on by today's Rocky Mountain News. The Becket Fund provides background on the case.

Canadian Court Rejects Church's Tax Discrimination Claim

In Vancouver, a British Columbia judge has ruled against a Jehovah's Witnesses congregation that claimed it was being discriminated against when it was taxed on the property surrounding its church building. Wednesday's Globe and Mail reports that in 2003 municipalities in British Columbia were given new powers to tax property around a place of worship, while the church building itself remains exempt. The Jehovah's Witnesses congregation in Coquitlam is the only congregation, so far, to have to pay the new tax. The congregation that had been fully exempt from property taxes for 35 years had to build a new Kingdom Hall when some of its land was taken by the province to widen a road. Madam Justice Carol Ross ruled that the only burden created by the tax is indirect and not substantial. However, she sent the case back to the city for reconsideration because she ruled there was a lack of procedural fairness in the consideration of the Church's request for a tax exemption.

UN Official Assesses Religious Freedom In Maldives

The United Nations Special Rapporteur on Freedom of Religion, Asma Jahangir, on Wednesday completed a visit to the Maldives. She welcomed enactment of the country's new Law on the Human Rights Commission but said that it does not meet the requirements of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination because the law requires that all Commission members be Muslim. (All residents of the Maldives are Muslim.) (Minivan News.) She said that in her report to the U.N. Human Rights Council, she will recommend that Maldive prisons be more religiously sensitive to the spiritual and dietary needs of foreign prisoners. (U.N. Press Release; Jahanigir's Press Conference Statement). However, according to Minivan News, Maldives Justice Minister Mohamed Jameel strongly criticized the U.N. official's visit, saying: "I have been told that she is asking people why this is not allowed in Islam and why that is not allowed in Maldives. It's because of her attitude that I am condemning her visit. I condemn anyone who comes to Maldives under the shadow of human right activists while challenging the Islamic unity in Maldives. It doesn't matter even if it is the United Nations or any other organization."

Buddhist Temple Sues California City For Use Permit

In Garden Grove, California, Quan Am Temple, a Buddhist congregation, has sued under the First Amendment and RLUIPA to obtain permission to use a one-story building it bought two years ago as a house of worship. It also wants permission to then build a temple on the site that is zoned for office use. According to today's Los Angeles Times, the congregation has 15 monks and nuns, plus 250 to 600 congregants. The city's Planning Commission and City Council have rejected the congregation's request to use or build on the site for a temple, concerned about noise and traffic. Suing on behalf of the congregation, the ACLU of Southern California argues that the city has routinely allowed non-religious non-profits to locate in commercial areas. The congregation has even offered to voluntarily pay property taxes if it is allowed to build on the site.

Regulations Issued Under Serbia's New Religion Law

In Serbia on July 26, Religion Minister Milan Radulovic issued regulations implementing the country's recently enacted Religion Law. Forum18 says that the new regulations are inconsistent with provisions of the statute, raising from 75 to 100 the number of members a religious organization needs in order to be registered. The new regulations leave unclear what rights unregistered religious organizations will have.

History Of Witness Oaths

Reporting a story about a 20-year old art student convicted of graffiti vandalism, who was also held in criminal contempt for refusing to take the oath as a witness, today's Pittsburgh Post-Gazette carries an interesting article on the form of the oath that witnesses are required to take. Pennsylvania's oath calls for the potential witness to "swear by Almighty God, the Searcher of all hearts". The article reviews much of the history of oaths and objections to them over the years.

California Proposal To Fund Historic Missions Stalls

The Oakland County Register yesterday reported that a proposed amendment (SCA 32) to the California Constitution to permit state funds to be used for the upkeep of historic missions stalled in the legislature this week. Senate Judiciary Committee Chairman Joe Dunn has raised church-state questions about the provision of state money to institutions where religious services are frequently held. In February, California's attorney general issued an opinion stating that funding would violate the state's current constitution. (See prior posting.)

Coast Guard To Change Religious Head Covering Policy

The Associated Press reports today that the Coast Guard has finally decided to change its rule prohibiting religious head coverings. The new rules, which "have verbally gone into effect" but have yet to be formally adopted, permit head coverings that fit under a uniform hat or helmet. However, to be permissible the headwear cannot bear bright colors, writing, pictures or symbols. This will permit skullcaps, but will exclude Sikh turbans. Further background is in a prior posting.

University Of Wisconsin Refuses To Recognize Student KofC Group

The University of Wisconsin-Madison has refused to give formal recognition to the Knights of Columbus as a student organization. The University says that the Catholic men's organization violates university rules that prohibit student organizations from discriminating on the basis of religion, as well as a requirement that student organizations be student controlled. Today's Chicago Tribune says that the Alliance Defense fund has written the University demanding that it stop applying non-discrimination requirements to Christian student groups. The university says that its policies do not violate a 7th Circuit ruling last month granting a preliminary injunction forcing Southern Illinois University to recognize the Christian Legal Society.

UPDATE: The University of Wisconsin announced that it reached an agreement with the Knights of Columbus yesterday to create a student group open to all students that will be recognized by the University in time for the beginning of Fall semester.

UPDATE: On Thursday, the faculty adviser to the Knights of Columbus denied that an agreement had been reached with the University of Wisconsin.

UPDATE: Later on Thursday, the University apologized for its erroneous announcement of an agreeement with K of C. (Gazette Extra).

Court Rejects Free Exercise Defense To Child Support Order

A Washington state court of appeals this week in a child support case rejected a father's claim that as a church "missionary," he did not have an income and had taken a "vow of poverty" that precluded him from accepting paid employment. The court held that the state's child support laws are neutral laws of general applicability, and their enforcement does not violate the father's First Amendment's free exercise rights. The case is In re Didier, (Ct. App. Wash., Aug. 8, 2006).