Canadian AG Concerned That Polygamy Charges Will Raise Religious Freedom Issues

This past week in the Canadian province of British Columbia, Attorney-General Wally Oppal appointed a special prosecutor to review whether polygamy charges should be brought against members of the polygamous community in the town of Bountiful. The Province reported on Thursday that the AG is proceeding carefully, partly out of a concern that prosecutions might infringe the group's religious rights.

Free Exercise Challenge To Restriction On Feeding Needy Rejected

In Knauss v. City of Phoenix, 2007 U.S. Dist. LEXIS 41359 (D AZ, June 6, 2007), an individual who was a volunteer and contributor to several church programs to assist the needy challenged a zoning ordinance that precluded a church from serving food to the needy in an unscreened outdoor area in downtown Phoenix. An Arizona federal district court found that plaintiff lacked standing to bring many of his challenges. It found he did have standing to challenge the restriction on free exercise of religion grounds, but rejected that claim on the merits. While the ordinance prevented plaintiff from extending charity as required by his religious beliefs, the restriction was a neutral law of general applicability. The city met the rational basis standard necessary to uphold such an ordinance.

West Virginia Justice Reveals Religious Attacks Against Him In Campaign

Today's Charleston Daily Mail reports that West Virginia State Supreme Court Justice Brent Benjamin spoke publicly last month for the first time about his hard-fought and successful race in 2004 for election to the state's Supreme Court. In the race, outside parties spent millions of dollars on attack ads on both sides. Benjamin said that near the end of the campaign, his opponent's supporters began a whisper campaign questioning Benjamin's religion, saying that his last name was "not a Christian sounding name." Benjamin also pointed out that one of the ads against him charged that he wanted to take God, the Bible and religion out of all aspects of public life. A full transcript and videos of the Annenberg Public Policy Center's conference at which Benjamin spoke is available online. The conference was titled Judicial Campaigns: Money, Mudslinging and an Erosion of Public Trust.

School Will Not Appeal Religious Flier Case

The Student Press Law Center reported yesterday that the Liverpool (New York) Central School District will not file an appeal in M.B. v. Liverpool Central School District, decided last March. (See prior posting.) In the case, a federal district court held that the school district had violated a fourth-grader's First Amendment speech rights by refusing to permit her to hand out Christian religious fliers to her classmates during non-instructional times.

District Court Rejects Challenge To Suspension of Bussing To Parochial School

In Pucket v. Hot Springs School District, (D SD, June 6, 2007), a South Dakota federal district court rejected a claim by students attending Bethesda Lutheran School and their parents that the state's temporary termination of busing of students to the parochial school violated their free exercise, speech and equal protection rights and violated the establishment clause.

Plaintiffs claimed that provisions of the South Dakota constitution prohibiting aid for religious schools violated their federal constitutional rights. The court, however, concluded that "Whether the S.D. Constitution provisions are either facially discriminatory or were adopted out of religious animus does not matter because plaintiffs cannot establish a causal link between the S.D. Constitution provisions and the School District policy."

The court found that the school district's delay in reinstituting busing once state law was amended to permit it and insurance concerns were resolved was motivated by its concern over how that action would affect pending litigation. The court went on to say: "Because School District’s continued denial of busing is rationally related to a legitimate government interest, plaintiffs’ free exercise challenge fails as a matter of law. Further, even if School District’s policy was not facially neutral, the Supreme Court’s decision in Locke v. Davey,... indicates that the denial of busing is too insignificant of a burden to constitute a free exercise violation."

Today's Sioux Falls Argus Leader reports on the decision and the reaction of both sides to the decision.

Suburban Chicago Church Loses RLUIPA Challenge In 7th Circuit

In Petra Presbyterian Church v. Village of Northbrook, (7th Cir., June 7, 2007), the U.S. 7th Circuit Court of Appeals rejected a RLUIPA challenge by a suburban Chicago church that was denied a zoning permit to convert a warehouse into a church. Writing for the court, Judge Posner said: "When there is plenty of land on which religious organizations can build churches (or, as is common nowadays, convert to churches buildings previously intended for some other use) in a community, the fact that they are not permitted to build everywhere does not create a substantial burden." Since there was no substantial burden on the church's free exercise of religion, it was irrelevant that the village may not have had a compelling interest in excluding membership organizations from industrial zones.

The court also rejected the claim that the church had a vested right to operate in the warehouse because the initial refusal of a permit was under a zoning ordinance that discriminated against religious institutions. Subsequently the ordinance was revised to exclude all membership organizations-- not just churches-- from industrial zones. Posner wrote: "If the 1988 ordinance violated RLUIPA, as Northbrook comes close to conceding, Petra didn't have to comply with it. But that doesn't mean that it acquired an immunity from all zoning regulation. It knew or should have known that Northbrook could redo its ordinance to comply with the "less than equal terms" provision of RLUIPA...."

Judge Refuses To Dismiss Defamation Suit Against Funeral Picketers

The Baltimore Examiner reports that on Monday, a Maryland federal district court refused to dismiss a defamation suit against the Topeka, Kansas Westboro Baptist Church, its leader Rev. Fred Phelps and his two daughters. The dismissal motion denied on Monday had been filed by the two daughters who were added as defendants. Westboro Church members-- who protest regularly at veterans' funerals carrying signs decrying the country's tolerance of homosexuality-- picketed at the funeral of Lance Cpl. Matthew Snyder of Westminster, Maryland. They then used the Church's website to criticize Snyder's parents, saying they had "raised [Matthew] for the devil". Defendants argued that the lawsuit, brought by Snyder's father, should be dismissed because it would require the court or a jury to decide the correctness of opposing religious viewpoints. However, Judge Richard Bennett said: "when a civil dispute … can be decided without resolving an ecclesiastical controversy, a civil court may properly exercise jurisdiction". (See prior related postings on the case, 1, 2 .)

Muslim Correctional Officer Trainee Loses Free Exercise Claim

In Valdes v. State of New Jersey, 2007 U.S. Dist. LEXIS 41038 (D NJ, June 6, 2007), a New Jersey federal district court dismissed free exercise and religious discrimination claims brought by Juan Valdes, a Muslim who was dismissed from New Jersey's Correctional Officer's Training Program for wearing a beard longer than one-eight inch. His religion prohibits him from shaving his beard. The court rejected Valdes' free exercise claim, holding that the grooming requirement was a generally applicable neutral regulation. It rejected Valdes' Title VII claim, finding that the state had offered him reasonable accommodation by permitting facial hair, limited in length, while usually it requires trainees to be clean shaven. The court also rejected Valdes' equal protection claim.

Bipartisan Bill In Congress Would Require Pharmacies To Fill Contraceptive Requests

On Wednesday, a bipartisan bill, the Access to Birth Control Act, was introduced in Congress. The legislation sponsored in the House by New York Rep. Carolyn B. Maloney (press release) and in the Senate by New Jersey Sen. Frank Lautenberg (press release) would require all pharmacies to promptly fill requests for contraceptives, including over-the-counter emergency contraceptive Plan B for adults. The bill's findings decry refusals by pharmacists to fill prescriptions for contraceptives. The bill also requires pharmacies to ensure that their employees do not intimidate, threaten or harass customers seeking contraceptives, misrepresent information about contraceptives or interfere with filling requests for them. The bill provides no exception for pharmacists who have religious or moral objections to contraceptives. CNS News reports on the bill.

Summary Judgment Denied In Preachers' Challenge To LA Town Over Protest Rights

The U.S. 5th Circuit Court of Appeals on Wednesday refused to grant summary judgment to either side in a suit brought by several demonstrators who claim their free exercise, free speech and freedom of assembly rights were infringed when one demonstrator was arrested and others were threatened with arrest by Columbia, Louisiana police. Worldwide Street Preachers Fellowship v. Town of Columbia, (5th Cir., June 6, 2007), was a suit brought following several demonstrations by an organization of street preachers carrying signs decrying sin and calling for repentance. Some of the signs were critical of abortion, homosexuals, and women pastors, and one carried pictures of aborted fetuses. The court held that a crucial question in the case is the state's motivation in arresting and threatening arrest of the demonstrators. Disputed issues of fact require the case to go to trial to determine whether police action was content-based or content neutral.

Religion In US Politics Fascinates Writer In India

The role of religion in the 2008 U.S. presidential race seems to have an odd international fascination. In today's Calcutta, India Telegraph, writer Mukul Kesavan explores the phenomenon in an op-ed titled Run, Mr. Bloomberg. He writes in part:

I want [New York Mayor Michael] Bloomberg to campaign for president because it would be a political experiment, one that tests the proposition that a serious candidate for the American presidency needs to be a Christian. And not just a nominal Christian but an observant Christian. As an Indian interested in the role of religion and religious identity in politics, I’d like to know if a non-Christian like Mr Bloomberg (who is Jewish), can mount a credible campaign. For this proposition to be disproved, it isn't important that Bloomberg win: merely that he be taken seriously as a presidential candidate.

Being publicly Christian seems oddly important in American politics. Oddly important because the democracy Indians live in, despite its bloody record of sectarian intolerance and violence, routinely elects non-believing Hindus and non-Hindus to high political office.

Catholic School Head Defends Ontario's Separate Catholic System

In Sault Ste. Marie, Ontario, the president of the Canadian Catholic School Trustees' Association, Bonaventure Fagan, defended Ontario's separate publicly-funded Catholic school system against critics who argue that the province could save money by moving to a single system for all children. Yesterday's Sault Star quotes Fagan as saying that the dismantling of the separate Catholic system in Newfoundland and Labrador did not produce savings. Fagan told the paper that a secular system does not answer the need that Catholic parents have for educating their children. He said: "We don't apologize: we believe God is essential, He plays an essential role in our daily affairs." He also said he would not oppose new separate school systems for other religious denominations.

Suit Filed Challenging Graduation Prayer In Tangipahoa, LA School

Yesterday's New Orleans Times-Picayune reports that for the sixth time in 13 years, the ACLU of Louisiana has filed suit against the Tangipahoa School Board challenging the injection of religion into public schools. Yesterday's federal court suit charges that at a graduation ceremony for Tangipahoa PM High School, a faculty member delivered an invocation, specifically praying in Jesus' name. The graduation program indicated that a student would deliver the invocation, but at the event, faculty member Anthony Massi was the person who led the prayer. A number of faculty and administrators were present and, according to the complaint in the lawsuit, "condoned, approved of, participated and acquiesced in the giving of the invocation". The complaint in John "P" v. Tangipahoa Parish School Board alleges that the graduation prayer violated the Establishment Clause. It seeks declaratory and injunctive relief as well as nominal damages.

Cert. Petition Filed In Campus Traveling Preacher Case

On Tuesday, attorneys for the Alliance Defense Fund filed a petition for certiorari with the U.S. Supreme Court in Gilles v. Blanchard. (Press release). In the court below, the U.S. 7th Circuit Court of Appeals upheld the refusal of a state university-- Indiana's Vincennes University-- to permit a traveling campus evangelist from preaching uninvited in the center of campus. In March, the 7th Circuit refused a petition for en banc review, 2007 U.S. App. LEXIS 7158. The petition for cert (full text) argues that the Court should grant review to resolve a conflict among circuits on the application of the forum analysis to open places on public campuses and a conflict as to use of unbridled discretion in a nonpublic forum.

Court Upholds California Church's Location In Shopping Center

In Chabra v. City of Concord, (CA App., June 6, 2007), a California state court of appeal upheld a decision by Concord, California's Planning Commission and City Council to permit Harvest Church to use a former movie theater in a shopping center as a church. Individuals challenging the determination argued that the decision was inconsistent with the city's zoning plan. The court said that there was substantial evidence that while the approved use was not for traditional retail activities, it would nevertheless aid in development of the shopping center. CBS5 News yesterday reported on the decision.

Will A Disclaimer Avoid Establishment Clause Issues In Graduation?

Some public high schools in Connecticut are holding their graduation ceremonies in church buildings in order to provide sufficient space for all who wish to attend. Yesterday's Jewish Ledger reports that both the ACLU and the Anti Defamation League have expressed Establishment Clause concerns. At least two schools have decided that placing a disclaimer on their website is the way to handle the matter. South Windsor High School's disclaimer reads: "The selection of First Cathedral as the site for graduation offers the best facility for our needs at an acceptable cost. The selection of this venue in no way represents an endorsement by the school district of a specific religion or religion in general."

Study Says Sikh Students In NY Face Harassment

Preliminary findings of a study released yesterday by the Sikh Coalition says that 58% of Sikh students in New York public schools have been victims of name calling, threats or physical abuse because of their religion. Summarizing the study, the New York Press says that school administrators have often failed to pursue complaints of discrimination filed by Sikh students. Release of the data follows a highly publicized incident last month in a Queens high school in which a student forcibly cut off the hair of his Sikh classmate. (See prior posting.)

Coalition Attempts To Promote Religious Diversity In Britain

In Britain, a group of political, religious, union and human rights leaders have formed a new Coalition to Defend Freedom of Religious and Cultural Expression. eGovMonitor reported yesterday that the coalition has been set up to counter media criticism of faith groups openly displaying their cultural or religious symbols and dress. Most recently that criticism has been directed at Muslim women wearing veils, but it has extended to those of other religions as well. The new group argues that multiculturalism enriches society and does not divide it. One of the leaders of the new group, London Mayor Ken Livingstone, said: "I am proud of London's reputation as the most diverse city in the world...."

Religiously Motivated Kidney Donation Rejected In Canada

Jesus Christians is an Australian religious group that believes donating one's kidney for transplant is the ultimate expression of faith. Canadian Press reported earlier this week on a 22-year old Australian man who came to Toronto to donate a kidney. He made the trip because Australian law permits the donation only where the recipient is someone with whom the donor had a long-time friendship. Canadian law permits broader altruistic motivations. However, a Toronto hospital ultimately rejected the offer and sent the man back to Australia, apparently after the man's parents called to complain that he had been brainwashed by a religious cult.

Death Sentence Ordered In Pakistan Blasphemy Case

After Pakistan's National Assembly last month rejected a proposed amendment to the country's blasphemy law that would have punished desecration of the holy books of other religions equally with desecration of the Quran (Countercurrents.org), a troubling new blasphemy case is being reported. Religious Intelligence reported yesterday that a Sessions Court in Lahore has sentenced a Christian, Younis Masih, to death on charges of violating Section 295-C of the Criminal Code -- defiling the name of the Prophet Muhammad. No one has actually been executed on blasphemy charges in Pakistan, but many have been killed by extremists while waiting in jail.