Anti-Abortion Protester's Claim Survives Dismissal Motion-- But Barely

In McTernan v. City of York, 2007 U.S. Dist. LEXIS 34809 (MD PA, May 11, 2007), a Pennsylvania federal district court held that while plaintiff's case is very thin, it refused to dismiss a Christian pro-life advocate's claim that his free speech, freedom of assembly and free exercise rights were violated when a police officer threatened to arrest him if he again entered an alley next to a Planned Parenthood facility. The court, however, did dismiss plaintiff's claim that the City of York's decision to deploy extra officers to Planned Parenthood was a deliberate action aimed at depriving him of his constitutional rights.

New Appointees To USCIRF Named

President George W. Bush announced last week that he intends to make three appointments to the United States Commission on International Religious Freedom. He will reappoint Chairman Michael Lewis Cromartie for a two year term. He will appoint Talal Eid for a two-year term and Leonard A. Leo for one year. A CNA report gives more detail on the nominees. Cromartie is Vice President at the Ethics and Public Life Center. Leo is Executive Vice President of the Federalist Society. eid is the founder and director of the Islamic Institute of Boston (prior AP story).

Last month, U.S. Senate Majority Leader Harry Reid and Sen. Hillary Rodham Clinton announced the appointment of Don Argue to USCIRF. He is President of Northwest University in Kirkland, Washington and was formerly President of the National Association of Evangelicals. (Melissa Rogers has more on this appointment.)

Under Sec. 201 of the International Religious Freedom Act, the President chooses three Commissioners; four are chosen by the Congressional leaders of the party not in the White House; and two by the leaders of the President's party in Congress. The Congressional picks are split between Senate and House leaders. (See USCIRF FAQ)

Chicago Church Loses Property Tax Challenge On Jurisdictional Grounds In 7th Circuit

Yesterday, the U.S. 7th Circuit Court of Appeals dismissed for lack of jurisdiction a church's attempt to avoid eviction from its property by the city of Chicago. The city had obtained a tax deed to the church after the church failed to pay over $100,000 in assessed property taxes. In Beth-El All Nations Church v. City of Chicago, (7th Cir., May 14, 2007), the court dealt with a range of procedural complexities in applying the Rooker-Feldman doctrine that precludes use of lower federal courts to overturn a final state court judgment. Attorneys for the church focused their arguments primarily on a notice that had been sent to the church at a wrong address. However state courts had already held that this did not amount to fraudulent concealment of the tax sale of the church's property, so the church could not avoid the statute of limitations that by then barred the church's challenge to the lack of notice. The Court of Appeals pointed out that the church still had the possible option of challenging the tax sale in state court on the grounds that the property was in fact tax exempt. [Thanks to Alliance Alert for the lead.]

Pittsburgh Diocese Separately Incorporates Its High Schools

Last week's Pittsburgh (PA) Catholic reports on the restructuring of the legal organization of eight Catholic high schools in the Diocese of Pittsburgh. Each school will be separately incorporated as a Pennsylvania non-profit corporation. Currently 7 of the schools are operated directly by the diocese and one is operated by a parish under diocesan auspices. the reorganization occurs in the wake of legal battles elsewhere over whether parochial school assets are available to satisfy claims of diocesan creditors. (See prior related postings 1, 2.)

New York Arabic Culture School Raises Concerns Among Neighbors

Today's New York Sun reports on growing concern over New York school authorities' decision to open a new middle school in Brooklyn that will focus on Arabic language and culture. The new Khalil Gibran International Academy will be in a building that houses two other specialized schools in a neighborhood with a heavy Arab-American population. Other parents say they are concerned that the school will become a vehicle for extremist political and religious ideology. The Department of Education, however, says the school will be secular, is open to anyone, and will be closed down if it shows any indication of becoming religious.

New British Rules Require Churches To Post No-Smoking Signs

In Britain, clergymen are angry about new Department of Health regulations-- the Smoke-free (Signs) Regulations 2007-- that will require churches to post no-smoking signs at church entrances by July 1. Today's London Telegraph reports that the Dean of Southwark, the Very Rev. Colin Slee, who is the spokesman for the Association of English Cathedrals, said: "It is such nonsense. One is bound to ask, when did you last hear of somebody smoking in church?"

Baccalaureate Services Declining In Popularity

The Springdale (AK) Morning News reports that the number of schools having a baccalaureate service as part of graduation activities has declined as schools become increasingly concerned about church-states issue posed by the traditionally religious services. The programs usually feature prayers, religious songs and bible readings. They need to be sponsored by private groups rather than the school itself in order to meet constitutional requirements. Arkansas' Gravette High School is holding its popular baccalaureate service again this year. Principal Jo Ellen Hastings,says no one from the Gravette School Board has told them to discontinue the practice.

Funding For Parochial Schools To Be An Issue In Ontario This Fall

In the Canadian province of Ontario, Parents for Educational Choice is working to make funding for non-Catholic religious schools an issue in this fall's political campaign. Currently public and Catholic schools are funded based on their enrollments. PEC supports equal governmental funding for all independent schools that meet government enrollment and educational standards. Saturday's Brockville Recorder & Times published an article outlining a recent meeting between a PEC representative and parents of New Dublin's Heritage Community Christian School. The article points out that between 2001 and 2003, Ontario had a $3500 tax credit for parents who sent their children to any independent religious or private school.

New Law and Religion Articles-- Many to Choose From This Week

From SSRN:
Rev. John J. Coughlin, O.F.M., Apostolic Signatura, (Notre Dame Legal Studies Paper No. 07-31, May 8, 2007).

Richard W. Garnett, Pluralism, Dialogue, and Freedom: Professor Robert Rodes and the Church-State Nexus, (Journal of Law and Religion, Vol. 22, Forthcoming).

Paolo G. Carozza, The Universal Common Good and the Authority of International Law, (Logos: A Journal of Catholic Thought and Culture, Vol. 8, pp. 28-55, 2006).

Carl H. Esbeck, The 60th Anniversary of the Everson Decision and America's Church-State Proposition, (Journal of Law and Religion, Vol. 23, No. 1, 2007-08).

Mathis Rutledge, A Time to Mourn: Balancing the Right of Free Speech Against the Right of Privacy in Funeral Picketing, (Maryland Law Review, Volume 67, No. 2, 2008).

Laura M. Thomason, On the Steps of the Mosque: The Legal Rights of Non-Marital Children in Egypt, (Hastings Women's Law Journal, 2007).

Jennifer Dumin, Superstition-Based Injustice in Africa and the United States: The Use of Provocation as a Defense for Killing Witches and Homosexuals, (Wisconsin Women's Law Journal, Vol. 21, 2006 ).

From Bepress:
Stephen M. Siptroth, Prophetic Politics: The Struggle for Civil Rights and the Ecclesial Experiences of Blacks and Latinos, (2007).

From SmartCILP:
Lubna A. Alam, Keeping the State Out: The Separation of Law and State in Classical Islamic Law. (Reviewing Rudolph Peters, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century), 105 Michigan Law Review 1255-1264 (2007).

Colloquy: Religious Liberty. Douglas Laycock, A Syllabus of Errors; Marci A. Hamilton, A Response to Professor Laycock, 105 Michigan Law Review 1169-1192 (2007). Douglas Laycock, God v. The Gavel: A Brief Rejoinder, 105 Michigan Law Review 1545-1549 (2007).

Symposium, God's Law in the People's Law: A Discussion of Contemporary Issues Arising from Religion and The Law, 6 University of Maryland Law Journal of Race, Religion, Gender & Class, Issue 1, 2006, (Articles by T. Jeremy Gunn, Andrew J. King, Gary S. Gildin, George H. Taylor, Lucia A. Silecchia, Robert K. Vischer, Jay D. Wexler, Maxwell O. Chibundu).

Timothy W. Floyd, Lawyers and Prophetic Justice, 58 Mercer Law Review 513-530 (2007).

Journal of Law and Religion, Vol. XXII, No. 1 (2006-07) (Contents) has recently been published.

FLDS Member Moves To Texas Town With Mixed Reception

Now that the courts have imposed a trust on the properties of the Fundamentalist Church of Latter Day Saints, a polygamous sect that was centered in Colorado and Utah, a number of the church's members are moving elsewhere. Yesterday's Salt Lake Tribune reports that Samuel Fischer, with his two wives, is moving his thriving cabinet-making business to Lockney, Texas. Fischer met Friday night with residents of the city at its Community Center to explain his life, faith and family-- 12 of his 24 children are coming with him. The rest are grown. Lockney is economically depressed, and it welcomed the move until it learned of Fischer's background. Now the reception is more mixed, with some fearing that Lockney will become known as an FLDS town.

Slovakia Formally Recognizes Baha'i Faith

The government of Slovakia has officially registered the Baha'i Faith as a recognized religious community, according to a report yesterday from Baha'i World News Service. Recognition grants the religious group legal status. It also allows it to apply for government funding; however a spokeswoman said that Baha'i does not plan to seek government financial support. 17 other religious communities, all either Christian or Jewish, have previously been registered by the government under the Religion Law.

Columnist Writes On Evolution Responses In Republican TV Debate

Syndicated columnist Kathleen Parker has an interesting column today on the exchange in this month's Republican presidential debate over evolution. In the debate, journalist Jim VandeHei asked whether any of the candidates did not believe in evolution-- three raised their hands. John McCain, to whom the question was first addressed, had a chance to be more nuanced. Parker says:

The truth is, each man took a calculated risk — or a courageous stand, depending on one's view. To say "yes" would have been to betray evangelical Christian voters, 73 percent of whom believe that human beings were created in their present form in the last 10,000 years or so.

To these folks, "no" didn't mean anti-science; it meant pro-God and conveyed a transcendent, non-materialistic view of the world. To secular Darwinists, "no" meant either ignorance or pandering to the ignorant — most likely both....

The debate question was fundamentally a setup for ridicule. No one was served, and no one, alas, is the wiser.

Federal Earmarks Benefitting Religious Groups Show Sharp Increase

Today's New York Times reports that there has been a sharp increase in the number of earmarks in federal appropriations bills that benefit religious organizations. There have been 900 earmarks directing $318 million to religious groups between 1989 and 2007. (The Times has posted a list of all 900.) More than half of those were in bills enacted in the Congressional session that included the 2004 presidential election. The number of religious groups listed as clients of Washington lobbying firms tripled between 1998 and 2005. The funds all have to be used for non-religious purposes. Many earmarks fund social service activities of the organizations, but others give churches control of parcels of federal land or fund buildings on the campuses of religious colleges.

Long Island School Board Race Splits Along Religious Lines

On Long Island, Tuesday's election for the Lawrence, New York school board has turned into a bitter contest being fought along religious lines according to an article in yesterday's Newsday. At issue is whether control of the 7-member school board will remain in the hands of Orthodox Jewish candidates representing parents who send their children to private religious schools. 3,380 students attend Lawrence public schools, but another 3,900 students in the district attend private religious schools, largely yeshivas. In recent years, families of private school students have sought more services from the school district for their children.

In the election, 3 "public school candidates" are facing three candidates sympathetic to parents of private school students. Ads placed in the local newspaper with headlines like "Should the Lawrence Public School District Be Run By An Orthodox Majority?" have been strongly criticized, and have led the editors of the Herald newspapers to run an explanation of why they accepted the ads. Public-school candidate Pamela Greenbaum says that ads have run in Jewish publications seeking to hire people to help drum up absentee votes from school district residents with dual-citizenship now living in Israel.

Prisoner Free Exercise Cases Are Plentiful This Week

In Baranowski v. Hart, (5th Cir., May 4, 2007), the U.S. 5th Circuit Court of Appeals upheld the refusal by the Texas Department of Criminal Justice to provide Jewish inmates with kosher diets. Jewish inmates could obtain either pork-free or vegetarian meals. The court also rejected plaintiff’s claim that inmates should be allowed to lead Jewish religious services when a rabbi or approved volunteer was unavailable. The suit alleged violations of the free exercise and equal protection clauses and of RLUIPA. Discussing the RLUIPA claim, the court said that the denial of religious services on an every-week basis did not substantially burden the plaintiff’s free exercise of religion. As to the denial of kosher food, while it did substantially burden plaintiff’s free exercise, it was justified by a compelling governmental interest—controlling costs and preventing resentment among other inmates if the increased cost of kosher food came out of the general food budget.

In Rahman v. Goord, 2007 U.S. Dist. LEXIS 32680 (WD NY, May 3, 2007), a New York federal district court refused to require the New York Department of Corrections to end its practice of holding joint Friday Jumah services for Shiite and Sunni Muslims. The court rejected plaintiff’s claim that the refusal to hold separate Shia services violated his free exercise rights and his rights under RLUIPA. The court however did grant an injunction requiring the prison system to recognize the Shiite holy days of Eid-Ghadir, Muharram, and Ashura, and provide the plaintiff with Halal food on those holidays.

In Perez v. Westchester County Department of Corrections, 2007 U.S. Dist. LEXIS 32638 (SD NY, April 30, 2007), a New York federal district court refused to grant defendants’ motion to dismiss a claim against them by a Muslim prisoners who claimed that Muslim inmates are denied meals that meet Halal standards, and that Halal standards could be met by merely serving Muslim prisoners the same kosher meals that are served to Jewish prisoners. The court said that plaintiffs' equal protection claim may ultimately succeed because they may be able to show disparate treatment among Muslim and Jewish inmates.

In Henderson v. Kennell, 2007 U.S. Dist. LEXIS 34440 (CD IL, May 10, 2007), and Illinois federal district judge dismissed a claim by a prisoner who alleged that his free exercise rights were violated when prison officials refused to permit him to have an Islamic medallion in prison. The court said it is doubtful that the denial imposed a substantial burden on plaintiff’s central religious beliefs and, even if it did, plaintiff failed to exhaust his administrative remedies.

In Smith v. Bruce, 2007 U.S. Dist. LEXIS 34166 (D KA, May 8, 2007), a Kansas federal district court refused to dismiss a prisoner’s his free exercise claim against the warden of the Hutchinson, KA state correctional facility. Plaintiff, who maintained a vegetarian diet for religious reasons, claimed that the warden violated his free exercise rights when the warden deliberately and recklessly ignored the fact that the prison’s food service was serving plaintiff gelatin containing animal by-product.

In Cejas v. Blanas, 2007 U.S. Dist. LEXIS 33963 (ED CA, May 9, 2007), a California federal Magistrate Judge found that a prisoner’s claim that he should have a single cell so he would not be housed with someone who violated the edicts of his religion did not state a viable claim. Plaintiff did not allege that that the housing about which he complained would burden his own practice of his faith.

In Gill v. Hoadley, 2007 U.S. Dist. LEXIS 33122 (ND NY, May 4, 2007), a New York federal district court adopted the recommendations of a Magistrate Judge and dismissed a prisoner’s free exercise claim. The court held that there were valid penalogical concerns that led authorities to deny a number of requests by a Jehovah’s Witness prisoner to attend religious services. The court also accepted the Magistrate’s recommendation that plaintiff’s First Amendment retaliation claims against certain of the defendants should be reinstated.

In Keesh v. Smith, 2007 U.S. Dist. LEXIS 33120 (ND NY, May 3, 2007), prisoners Tyheem Keesh and Jesus Michael Jova were attempting to obtain accommodation to practice "Tulukeesh" "the religion of the creator”, a religion started by Keesh. In an earlier decision, the court held that “plaintiffs are principally motivated not by religious impulses but rather by the desire to achieve a more congenial lifestyle during their incarceration.” The court denied plaintiffs’ renewed motion for a preliminary injunction, saying that it had already considered everything now raised by plaintiffs when it denied their motion. UPDATE: The court denied plaintiffs' motion for reconsideration at 2007 U.S. Dist. LEXIS 38368 (ND NY, May 25, 2007).

Jury Awards Damages To Congregant Injured During Prayer

According to the Lansing (MI) State Journal, on Thursday a jury rendered its verdict in the suit by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. No ushers were there to catch her. (See prior posting.) The jury awarded Judith Dadd $314,000. In addition to the injuries from the fall itself, the jury found that Mt. Hope Church pastor David Russell Williams had defamed Dadd by accusing her of possible insurance fraud and claiming that she had renounced her faith after she filed her lawsuit. Dadd had originally asked for damages of $1.65 million. Defendants, nevertheless, are considering filing an appeal. [Thanks to Brian D. Wassom for the lead.]

Terrorist Suspect Asks Judge For Quran

One of the six men arrested this week on terrorism charges for plotting to kill soldiers at Fort Dix (NJ) was Eljvir Duka. He was one of three brothers-- ethnic Albanians-- charged in the plot. (Background from NYT.) Yesterday, Duka’s lawyer appeared before a federal magistrate judge in Camden, NJ to request a copy of the Quran for his client. The Newark Star-Ledger reports Magistrate Judge Joel Schneider ruled that first a request should be made to prison officials. Only if they refuse should the lawyer bring the case back to the court.

Student-Led High School Graduation Prayers Challenged

In Ouachita Parish, Louisiana, the school board voted earlier this month to allow students at each of the parish's six high schools to decide whether or not they want to include a prayer in their graduation ceremonies this year. The Ouachita Parish High School class voted unanimously to include prayer, according to its principal Todd Guice. Guice says he offered any student who objected an opportunity to discuss the issue privately with him, but none did. This week, the Louisiana branch of the ACLU faxed a letter to the the high school and the school board alleging that the new policy is unconstitutional. The Leesville Daily Leader today reports on Superintendent Bob Webber’s response: "We are simply allowing the students to continue the tradition of prayer at graduation. We're going to allow it with little or no influence by the adults concerned."

Parishioners Sue Over Consolidation of Mississippi Catholic Parishes

The Gulfport, MS Sun Herald today reports that 156 members of Holy Family Parish, formerly St. Paul Parish in Pass Christian, Mississippi, have filed a lawsuit against Bishop Thomas J. Rodi, the Diocese of Biloxi and Holy Family pastor the Rev. Dennis Carver. The suit by parishioners who object to the Diocese's decision to consolidate two parishes into one, seeks to require the diocese to rebuild St. Paul's church that was destroyed by Hurricane Katrina on its prior beachfront location. The suit also asks for an accounting of the funds that were contributed to St. Paul’s Parish after Katrina.

Bishop Rodi published a statement on Friday in response to the lawsuit, saying that the lawsuit "is an attempt to have the courts order the Catholic Church to have a church building at a specific place. If this lawsuit would be successful, it would mean, in effect, that the courts would tell the Catholic Church where God must be worshipped, where Mass and the other sacraments must be celebrated, and how the Catholic Church must use the financial resources of Holy Family Parish. This lawsuit attacks both the unity and liberty of the Church."

Kenya Judge Rejects Push By Christian Sect To Wear Headscarfs In School

According to today's Kenya Times, a judge in the High Court in Kenya has rejected the claim of students from a Christian sect known as the Arata A. Roho Mutheru Society that they were unconstitutionally expelled from school for wearing headscarves. (See prior posting.) Justice Joseph Nyamu held that the students had not produced proof they were expelled, that they did not show that wearing a headscarf was in fact required by their religion, and that at any rate the requirement in the Education Act that school students wear uniforms does not clash with the Constitutional principle of equality.