German Officials, Muslim Leaders, Confer On Divisive Issues

Today's New York Times reports that in Berlin yesterday 15 government officials held a conference with 15 German Muslim leaders to discuss issues that divide Muslims from non-Muslims. Interior Minister Wolfgang Schäuble, organized and chaired the conference. The issue on which all participants agreed was that the Detusche Oper of Berlin should reverse its decision to cancel the Mozart opera Idomeneo in which a scene includes the severed head of the Prophet Muhammad. Opera officials feared a violent reaction from Muslims. (See prior posting.) Other issues discussed at the conference included teaching of the Islamic religion in public schools, training of imams in Germany, construction of mosques, and discrimination against Muslims in Germany.

State Employee's Religious Discrimination Claim Survives

In Garcia v. Illinois Department of Children and Family Services, 2006 U.S Dist. LEXIS 68463 (ND IL, Sept. 11, 2006), an Illinois federal district court permitted a state employee to proceed with her Title VII religious discrimination claim that religious items were removed from her cubicle, that she was told to stop performing the sign of the cross and to stop saying "bendito," and that the regional administrator said her performance of the sign of the cross was one of the reasons she was required to undergo a fitness-for-duty examination.

Florida Church For Homeless Sues For Discrimination In Zoning

In Gainesville, Florida on Tuesday, Fire of God Ministries sued the city in federal court alleging religious discrimination in requiring the church to obtain a special use permit to operate when the city previously allowed a Moose Lodge to hold meetings on the same property without a permit. The Gainesville Sun reports that the church's congregation is largely homeless, and the church feeds them meals as well as holding services.

Illinois Church Election Under Court Supervision Upheld

In Marsaw v. Richards, 2006 Ill. App. LEXIS 870 (IL App., Sept. 22, 2006), and Illinois state court of appeals upheld a trial court's judgment that resolved a dispute between two factions of the Bethlehem Healing Temple Church through ordering an election that it supervised. The Court of Appeals found that the trial court had resolved the dispute using neutral principles of civil law. Even though the church's formal election procedures had often not been used in the past, they were still operative. The court also held that the results of a judicial proceeding are not burdens on religious practice that violate the Illinois Religious Freedom Restoration Act.

Los Angeles Churches Have Made Political Contributions

Today's Los Angeles Daily News reports that 39 Los Angeles area churches, synagogues and Buddhist temples were identified by local political candidates as contributing more than $15,000 to their election campaigns since 1998. The information was obtained from Ethics Commission filings. The disclosures add to the growing national debate over the role of churches in politics.

German Opera Company Cancels Mozart Performance Fearing Religious Violence

In Germany, Deutsche Oper has cancelled a production of Mozart's "Idomeneo" with a scene featuring the severed heads of Jesus, Buddha and the Prophet Muhammad, out of fear of violent reactions by Muslims. German Chancellor Angela Merkel condemned the decision to cancel the performance, saying that self-censorship out of fear would not be tolerated. Stories in the International Herald Tribune and the Washington Post discuss the reactions across Germany.

Accommodation For Religious Group Is Problem For British Pension System

In Britain on April 6 of this year, new rules came into effect to offer simple and more flexible retirement pensions. However it now appears that what was intended to be an accommodation for a small religious group could threaten the viability of the whole pension plan. Yesterday's Belfast Telegraph reports that the new pension rules contain an alternative to traditional pensions designed for the Plymouth Brethren, a group that has religious objections to anyone except God calculating one's likely date of death. The rules provide for "alternatively secured pensions" (ASP's) that permit savers to keep their funds invested in the stock market until their death, and then pass on those assets to their heirs. With traditional pensions, nothing goes to one's heirs. The problem that has now surfaced is that nothing in the legal rules limit ASP's to those who have religious objection to traditional pensions. So now many financial advisers are considering suggesting ASP's be used by a broader group of investors. While the Treasury is looking at possible changes to limit ASP's to religious objectors to risk pooling, the Equality Act 2006 prohibits discrimination on the grounds of religion in the provision of goods and services.

Justice Department Sues NY Village Under RLUIPA

The Associated Press yesterday reported on a suit filed by the U.S. Department of Justice against the village of Sufferin, New York, that tests the scope of the Religious Land Use and Institutionalized Persons Act. The suit involves the operation of "Shabbos House" at Good Samaritan Hospital in Sufferin. Since the nearest hotel is over three miles away, Bikur Cholim, Inc., an Orthodox Jewish service agency, operates a facility within walking distance in which Orthodox Jews can stay on the Sabbath and on Jewish holidays in order to visit patients without violating religious rules against driving on those days. For six years the facility was on hospital grounds. However in 2004, in connection with expansion of the hospital, Shabbos House was moved across the street into a newly built house in an area zoned for single family dwellings. The village, however, refused an application for a building permit and zoning variance to permit the house to be used by up to 14 people. Village attorney, Terry Rice, said that Bikur Cholim did not claim a religious use when it asked for the zoning variance. The facility is operating pending a court decision.

Michigan Township's Zoning Violates RLUIPA

Earlier this month, in New Life Ministries v. Charter Township of Mt. Morris,(ED MI, Sept. 7, 2006), a federal district court in Michigan granted summary judgment to New Life Ministries in its suit charging a Michigan township with violating the Religious Land Use and Institutionalized Persons Act. The township's zoning ordinance does not permit buildings used for religious services in areas zoned C-2, even though it permits theaters, schools and various kinds of organizations in those areas. The court found that this violates 42 U.S.C. §2000cc(b)(1) that prohibits land use regulations that treat religious organizations unequally with secular institutions. The court held that the jurisdictional requirements imposed by RLUIPA for claims that land use regulations impose a substantial burden on free exercise do not apply to unequal treatment claims under the statute.

House Passes Ban on Attorneys' Fees In Establishment Clause Cases

Earlier today, the U.S. House of Representatives passed H.R. 2679. The bill, originally known as, the Public Expression of Religion Act, (see prior posting) was amended prior to passage to be called the "Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006". The bill passed by a vote of 244-173. The House vote and background is reported by ABP News. Here is a listing of the vote cast by each House member. The controversial bill would prevent federal courts from awarding attorneys' fees to plaintiffs in suits alleging Establishment Clause violations by state or local governments, and would limit relief to injunctions and declaratory judgments. A number of religious and civil liberties groups opposed the bill, arguing that it will chill the ability of minority groups to defend their religious liberties. However, proponents say that the threat of attorneys' fee awards gives plaintiffs undue leverage in negotiating settlements of Establishment Clause claims. The measure is not likely to become law because, according to ABP, it is unlikely that the Senate will vote on the companion bill pending in that chamber before the current session of Congress ends.

Michigan School's Policy On Choir Music Stirs Debate

In Howell, Michigan, the visit of a German choir to Howell High School through an exchange program has created controversy among parents over the school's policy on religious music. The Livingston (MI) Press & Argus reported today that the school has developed a policy that choir concerts should contain no more than 30% sacred music. The German "Voices of Heaven" choir was apparently asked to cut out some of their usual music to meet this policy. This has angered some parents of Howell students who hosted the visiting choir members for a September 13 concert.

Spain Will Change Method Of Financing Catholic Church

Last Friday, according to the International Herald Tribune, the Spanish government announced a new arrangement for funding of the Catholic Church in Spain. The government will no longer give direct grants to the Church, and the Church will begin to pay the country's value added tax, as required by the European Union. In exchange, the amount that Spanish taxpayers can voluntarily elect to donate to the Church from their tax declarations will rise from 0.52% to 0.7%. As of last Friday, the Bishop's Conference of Spain had no comment on the arrangement until it saw the language of the new law.

Recent Prisoner Free Exercise Cases

In Brown v. Riley, 2006 U.S. Dist. LEXIS 66883 (WD MI, Sept. 19, 2006), a Michigan federal district judge adopted the report and recommendation of a magistrate judge that found a prison officer acted improperly in denying an inmate a kosher diet.

In Roddy v. West Virginia, 2006 U.S. Dist. LEXIS 68106 (ND WV, Sept. 21, 2006), a federal district judge dismissed without prejudice claims by an inmate that his free exercise rights were infringed when certain Native American religious items were confiscated from him. The court found that the inmate had not exhausted his internal grievance procedures before filing suit.

In Lee v. Wenderlich, 2006 U.S. Dist. LEXIS 67731 (WD NY, Sept. 21, 2006), a New York federal district judge permitted an inmate to move ahead with his First Amendment challenge to a prison rule that resulted in his name being removed from the list of those attending Ramadan services because he had 3 unexcused absences in attending.

In Mize v. Lewis, 2006 U.S. Dist. LEXIS 68008 (ED TN, Sept. 21, 006), a Tennessee federal district court upheld prison rules that denied a prisoner Christian Identity literature that promotes racism, anti-Semitism, and white separatist views connected with security threat group activity.

In Ghani v. Caldwell, 2006 U.S. Dist. LEXIS 66475 (ED MI, Sept. 18, 2006), a Michigan federal district court dismissed a Buddhist prisoner's claims regarding his access to vegan meals. The court found that he was now receiving such meals and that at the time meals were first refused, the 6th Circuit had held that RLUIPA was unconstitutional and the U.S. Supreme Court decision to the contrary had not yet been rendered.

Army Temporarily Enjoined From Placing Conscientious Objector On Active Duty

A federal judge in Boston has temporarily enjoined the Army from forcing into active duty a doctor who says that her religious conscientious objection was kindled only well after she had enlisted when in 2003 her father died. Today the Associated Press reports that Dr. Mary Hanna, a Coptic Orthodox Christian, had agreed to serve on active duty and then in the reserve in exchange for the Army's paying for her medical education at Tufts University. Her attorney says she will repay the $184,000 the government has paid for her education. The court set a hearing in the case for October 10.

Polygamy Ban Being Challenged In 10th Circuit Case

The Associated Press yesterday, in a widely disseminated article, discusses the briefs that have been filed in a U.S. 10th Circuit Court of Appeals case that is challenging the constitutionality of Utah's ban on polygamy. Challengers argue that they have a deeply held religious belief that plural marriage is ordained of God and is to be encouraged and practiced. They say that the polygamy ban unconstitutionally targets one religion. The brief focuses on the 2003 U.S. Supreme Court decision in Lawrence v. Texas that struck down Texas' homosexual sodomy statute as precedent for invalidating on privacy grounds Utah's polygamy laws as well.

"See You At The Pole" Is Tomorrow

Tomorrow is scheduled as the annual See You At The Pole gathering at schools around the country. Organizers describe the event on their website as: "a student-initiated, student organized, and student-led event. That means this is all about students meeting at their school flagpole to pray—for their school, friends teachers, government, and their nation. [It] is not a demonstration, political rally, nor a stand for or against anything." The website also offers advice on the rights of students to conduct these events before school hours begin, and the rights of adults to attend. Today's Ft. Myers (FL) News-Press carries an article on the background of SYATP and of the church-state issues surrounding it.

Clerics Maneuvering In Advance of Iranian Election of Assembly of Experts

The New York Times today reported on the machinations taking place in Iran as candidates are attempting to position themselves for the upcoming December 15 election of the Assembly of Experts-- a body of religious experts who oversee the Supreme Leader of the country.

Free Exercise Challenge To Migratory Bird Treaty Act Eagle Protection Rejected

In United States v. Tawahongva, 2006 U.S. Dist. LEXIS 67947 (D. AZ, Sept. 11, 2006), an Arizona federal district court rejected the motion of a member of the Hopi Indian tribe seeking dismissal of the indictment that charged him with illegally possessing a golden eagle in violation of the Migratory Bird Treaty Act. Defendant Berra Tawahongva claimed that his rights to free exercise of his religion would be infringed by forcing him to obtain a permit in order to gather eagles. The court held that Tawahongva lacked standing to challenge the permit system as applied to him, since he never attempted to obtain a permit. Insofar as he is asserting a facial challenge to the permit system, Tawahongva failed to show that his free exercise of religion was substantially burdened. Moreover, the United States has established a compelling interest in the protection of golden eagles and has demonstrated that the permit system is the least restrictive means of serving that interest.

Pope Meets With Muslim Envoys Over His Remarks

Reuters and Deutsche Welle are among those reporting that Pope Benedict XVI held a meeting today with the envoys of 22 Muslim countries plus the leaders of Italy's Muslim community in order to defuse Muslim anger over a speech he made in Regensburg, Germany on Sept. 12. During today's meeting at the Pope's summer residence in Castle Gondolfo, Benedict XVI urged a continuing dialogue between Christians and Muslims. He told the ambassadors: "I should like to reiterate all the esteem and the profound respect that I have for Muslim believers." Several of the envoys in attendance said they were satisfied with the meeting.

Parent's Suit Against School's "Opposite Sex Day" Survives Dismissal Motion

In Stanley v. Carrier-Mills Stonefort School District No. 2, 2006 U.S. Dist LEXIS 68061 (SD IL, Sept. 21, 2006), an Illinois federal district court refused to dismiss a claim by the parent of school children that the school's "Opposite Sex Day" violated her right to raise her children according to her Christian beliefs. The school encouraged, but did not require, students to dress for that day in clothing of the opposite sex. Plaintiff claims that even though not required, the stigma of not participating would effectively compel her children to cross dress, in violation of Deuteronomy 22:5 that reads: "A woman must not wear men's clothing, nor a man wear women's clothing, for the Lord your God detests anyone who does this."