Senate Hearings On Bill To Deny Attorneys' Fees In Establishment Clause Cases

On Wednesday, a subcommittee of the Senate Judiciary Committee held hearings on the Public Expressions of Religion Act, S.3696, a bill that would preclude the award of attorneys' fees in Establishment Clause cases. The Senate bill explicitly refers to a number of high profile kinds of cases as being among those covered. The language would assure that plaintiffs could not recover attorneys' fees in challenging the Mt. Soledad cross , "In God We Trust" on coins and currency, the Ten Commandments in federal buildings, and government chartering or aid to the Boy Scouts. Sen. Sam Brownback, who sponsored the bill, issued this release on the hearings. The American Legion testified in favor of the bill, while in a release, Americans United opposed its passage.

FLDS Member Gets Light Sentence In Polygamous Sex Charges

Court TV reports that on Wednesday, an Arizona judge sentenced polygamist Kelly Fischer to only 45 days in jail for having sexual relations with a teenager that he took as his third wife. He will also be on probation for 3 years and will be required to register as a sex offender. A member of the FLDS church that encourages polygamy, Fischer is the first of 7 to be tried for polygamous marriages to minors. The judge told Fischer that his religious beliefs do not justify his violating the law. The woman involved, now 21, refused to cooperate with the prosecution and supported Fisher.

Federal Court Hears Arguments On Sectarian City Council Prayer

In Richmond, Virginia on Thursday, a federal district judge heard arguments on summary judgment motions in a case in which a Fredericksburg City Council member is challenging Council policy that does not let him invoke the name of Jesus Christ when he offers an opening prayer at council meetings. The Associated Press reports that Judge James R. Spencer suggested he was not convinced by the First Amendment arguments raised by council member Hashmel Turner's lawyer. Judge Spencer told the lawyer that all of the case law was against him. (See prior posting.)

Recently Available Prisoner Free Exercise Cases

In Chambers v. Steed, 2006 U.S. Dist. LEXIS 52920 (D. Kan., July 25, 2006), a Kansas federal district court rejected a prisoner's claim that his rights were violated because his segregated confinement prevented him from attending Friday prayer services.

In Andreola v. Wisconsin, 2006 U.S. Dist LEXIS 52968 (ED Wis., July 19, 2006), a Wisconsin federal district court held that federal law precludes the award of compensatory damages in RLUIPA claims by prisoners alleging merely mental or emotional injury. However the court refused to grant defendants summary judgment on a punitive damages claim. The decision came in a long-running suit in which a prisoner alleged that he was denied a kosher diet while incarcerated. In Magistrate Judge P.A. v. Miami-Dade County, 2006 U.S. Dist. LEXIS 52595 (SD Fla., May 16, 2006), a Florida federal district court similarly held that, despite 42 USC 1997e(e), nominal and punitive damages may be recovered for free exercise violations, even though there are no physical injuries from the violations.

In Martinez v. Ortiz, 2006 U.S. Dist. LEXIS 52350 (D. Colo., July 31, 2006), a Colorado federal district court permitted a Native American prisoner to proceed with a claim for injunctive relief, but not for monetary relief, in his free exercise claim stemming from limitations placed on his religious practices.

In Madison v. Kilbourne, 2006 U.S. Dist. LEXIS 52994 (WD Va., July 18, 2006), a Virginia federal district court rejected an inmate's claims that he was denied his rights under the First Amendment and RLUIPA when on one day prison authorities denied him two kosher meals.

Officials Are Trying To Correct Tax Sale Of St. Louis Synagogue

In St. Louis, tax officials are in court today asking a judge to undo the sale at auction of a $4.5 million synagogue building-- Central Reform Congregation-- for $11,800. The problem arose because the synagogue owed a little over $4000 in back taxes on a house it had bought next door to the synagogue. The properties were combined on tax records because the synagogue failed to apply for a separate tax exemption for the synagogue building. So a dispute over taxes on the house subjected the entire property to a tax lien. Yesterday's St. Louis Post Dispatch gives details.

Pedophile Claims Free Exercise Protections

In Cleveland, Ohio yesterday, a man charged with sexually assaulting nine boys who have physical or mental disabilities argued in court that his activities were protected by the First Amendment's free exercise clause. According to the Associated Press, Phillip Distasio, who admits he is a pedophile, says he is the leader of a church called the Arcadian Field Ministries. He says having sex with children is a sacred ritual of his church. Distasio made the argument himself after his court-appointed lawyer refused to put forward a First Amendment defense.

Las Vegas Sued Over Ban On Feeding Homeless

In Las Vegas, Nevada yesterday, the ACLU of Nevada filed suit challenging an ordinance passed July 19 that prohibits "providing food or meals to the indigent for free or for a nominal fee" in any city park. The complaint alleges, according to the Associated Press, that the statute violates the First and 14th Amendments, including the rights to freedom of speech and free exercise of religion.

Canadian Muslim Claims Religious Right To Install Satellite Dish For Condo

In Halifax. Nova Scotia on Tuesday, a Human Rights Board of Inquiry held a hearing on a complaint by a Muslim condominium owner who claims religious discrimination because condo rules do not permit him to keep a satellite dish that he installed for religious reasons. Wednesday's Halifax Daily News reports that Ahmed Assal was told by the condo managers that he could not install a dish that picks up 18 Arabic channels from the Middle East. Assal wanted the satellite dish so he could to teach his three children about their religion, language, culture and traditions. One of the managers told him that satellite dishes were not permitted under the condominium bylaws and that a dish could damage the roof. After 21 months, Assal moved ahead and installed a dish on a tree in his backyard. He says that the condo board has granted exceptions to various rules for other owners. But the managers say those other owners, unlike Assal, made formal requests for rule waivers.

Pennsylvania Zoning Ordinance Challenged By Church

Liberty Counsel has filed a federal lawsuit on behalf of the Lighthouse Christian Center against the city of Titusville, Pennsylvania, challenging the city's zoning ordinances that exclude churches from commercial areas and only permit them in areas zoned residential. CNSNews.com reported yesterday that the lawsuit alleges that the "church-free" zoning rule violates the federal Religious Land Use and Institutionalized Persons Act.

Nigerian State Claims Sharia Legal System Is A Success

On Wednesday, the Nigerian paper This Day carried a long article on the success of the Sharia legal system that has been operating for seven years in the Nigerian state of Zamfara. Government officials claim the following achievements for the system: "Institutionalization of equity and justice in the conduct of government business, reduction of crime rate at all levels of society, greater respect for human rights and the entrenchment of such rights, greater awareness of Islamic teachings and practices by the citizens of the state, ... [and] the curtailing of alcoholism and prostitution which led to the closure of 2, 800 brothels and beer palours. Similarly, cinema houses were outlawed and were subsequently purchased from the owners and converted to offices or learning centres." Also fears that non-Muslims would disinvest did not materialize.

Christian Rock Band Loses Suit Against School That Canceled Concert

In a case decided Tuesday by a federal district judge in Toledo, Ohio, the court rejected First Amendment and Equal Protection claims by a Christian rock band whose planned concert at Rossford (Ohio) High School was cancelled out of concern that it might violate the Establishment Clause. In Golden v. Rossford Exempted Village School District, Case 3:05-cv-7052 (ND Ohio, July 31, 2006), the court held that "a student assembly, held during school hours, with only one musical performer approved by the Principal, bears the imprimatur of the School." Therefore, it said, the school was entitled to exercise editorial control over the performance. Cases involving requirements of viewpoint neutrality, the court said, do not apply where the state creates no forum for speech.

The court also rejected the band's claim that it was discriminated against because of its religious identity, in violation of the equal protection clause. The court said, "Where speech is government speech, the government is entitled to exercise control over its presentation... Defendants were entitled to discriminate against Plaintiffs because of their Christian religious identity precisely because the assembly audience might associate that identity with the School...." Moreover, the court said, avoiding a potential Establishment Clause violation is a compelling interest that overcomes any equal protection objection.

Here is the full text of Plaintiff's and Defendant's motions for summary judgment. Today's Toledo Blade covers the case, reporting that plaintiffs say they will take the case to the U.S. 6th Circuit Court of Appeals.

UPDATE: The full opinion is available online thanks to How Appealing.

Moderates Will Regain Control Of Kansas School Board

The Kansas City Star reports that in yesterday's Kansas State Board of Education primary election, it appears that two moderate Republicans who favor teaching a conventional science curriculum have defeated two current conservative board members who favor teaching of intelligent design. Five board seats were at issue. In the other three races, incumbents (2 conservative Republicans and one moderate Democrat) held onto their seats. These results assure that moderates will win a majority on the Board in the November general election. Last year by a 6-4 vote, the conservative majority on the Board adopted science standards that favor teaching approaches that are critical of evolution. Here are the official results from the Kansas Secretary of State's office.

RLUIPA Claim and Constitutionality Upheld By 9th Circuit

Yesterday in Guru Nanak Sikh Society of Yuba City v. County of Sutter, (9th Cir., Aug. 1, 2006), the U.S. 9th Circuit Court of Appeals ordered Sutter County, California to issue a Sikh temple a conditional use permit to permit the construction of a temple on a parcel of land zoned as "agricultural". The county had denied permits twice, under conditions that significantly lessened the prospect that the group would be able to find any acceptable location. The court found that the county thereby imposed a substantial burden on Guru Nanak's exercise of religion in violation of RLUIPA. The Court also held that RLUIPA's religious land use provisions are a constitutional exercise of Congress' powers to enforce the 14th Amendment, saying "RLUIPA is a congruent and proportional response to free exercise violations because it targets only regulations that are susceptible, and have been shown, to violate individuals’ religious exercise." Today's Marysville-Yuba City Appeal Democrat covers the decision. [Thanks to Anthony Picarello via Religionlaw listserv for the information.]

Senate Passes Mt. Soledad Cross Bill Giving Title To U.S.

By unanimous consent on Tuesday, the U.S. Senate approved the bill-- previously passed by the House-- to transfer to federal control the land on which the Mount Soledad war memorial cross stands. Yesterday's San Diego Union-Tribune reports on the Senate's quick action, and says that President Bush is expected to sign the law. Under the bill, the Department of Defense will manage the monument and the private Mount Soledad Memorial Association will continue to maintain it. Federal courts have ordered the cross removed, finding that it violates California's constitution. Proponents argue that the federal government has greater leeway. And while a federal court has found the cross to be a violation of the California Constitution and a state court has held that it would be a violation of the California Constitution for San Diego to transfer the cross to the United States, this new bill has the United States take title without the city taking any action to transfer it. Last month, U.S. Supreme Court Justice Anthony Kennedy issued a stay of the lower federal court's order to remove the cross, pending final adjudication of pending appeals. [CORRECTED]

Former FLDS Member Sues Police Officers Allegedly Controlled By Church

In Salt Lake City, Utah federal court, Andrew Chatwin, a former member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has filed a civil rights suit against three police officers from the twin cities of Hildale, Utah- Colorado City, Arizona. Details of the suit were reported yesterday by the Associated Press. Chatwin built his home in Hildale in 1992, but when he left the FLDS church, he turned it over to his father. Chatwin then tried twice to move back, but was blocked by police or family members who said they were acting on orders from former church leader Warren Jeffs. Chatwin argues that the cities' governments are under control of the church. Property and homes in the cities have been the community property of the church's United Effort Plan Trust. Church elders assigned vacant lots to FLDS men who then built their homes on them, but were not given deeds. Church leaders have also traditionally ordered families in and out of homes based on their obedience to church tenets, which include the practice of polygamy. Chatwin wants the court to award him damages and the deed to his house.

ACLU, Fox News, and Religious Expression

There is an interesting video posted on YouTube that critiques coverage of the ACLU by Fox News' Bill O'Reilly. The video contrasts O'Reilly's statements criticizing the ACLU for supposedly opposing all religious expression on public property with O'Reilly's statements equally criticizing the ACLU for defending expression by Fred Phelps' Westboro Baptist Church group that is picketing veterans' funerals. The video is titled Fox News Forgets ACLU Story Contradicts Fox Falsehood. [Thanks to Allen Asch via Religionlaw listserv for the information.]

Lawyers Ask India's Supreme Court To Change Temple Rules

In India, the Indian Young Lawyers Association (IYLA) and a group of women lawyers have filed a petition in the Supreme Court asking for it to order the government of Kerala and the head priest Tantri of Sabari Mala temple to permit women to freely enter the shrine. United News of India reported on Sunday on the lawsuit that was triggered by a controversy after film actress Jayimala said she had entered the temple and touched the deity. (See prior posting.) The Supreme Court petition claims that current restrictions on women between the ages of 10-50 entering the temple violate Articles 14, 15, 25 and 51A (e) of India's Constitution.

Charges Dismissed Against Street Preacher In Kansas City

In Kansas City, Kansas, officials have decided to drop criminal trespass charges of against Michael Wheeler who was arrested for preaching about his Christian beliefs and praying on a public sidewalk near the University of Kansas Medical Center. After being issued a warning, Wheeler was ticketed and spent 6 hours in jail. An Alliance Defense Fund release discusses the case and links to a copy of Wheeler's motion in Kansas City Municipal Court to dismiss the charges against him on First Amendment grounds.

Christians In China Continue Battles With Authorities

A number of reports are coming out of China regarding restrictions on Christian worship. Last week, Christian Newswire reported that on July 25, four well-known House Church Leaders in Sichuan were formally sentenced to 2 years "re-education through Labor". Also a number of actions have been taken against house churches in Wendeng City, including the arrest of worshippers.

Today a Reuters report carried in the Washington Post says that 3,000 Christians demonstrated against police in Hangzhou as authorities moved to tear down their newly-built church that had been constructed without official approval. Two people who were involved in the construction were arrested. The church was located in an industrial suburb where a commercial center was to be built. A local official said that the Christian group had been offered another nearby piece of land for their use. Today's New York Sun also covers the clash between police and church members, and presents a good deal of background information.

Sharia Law In Indonesia

Today's New York Times reports at some length on the administration of Sharia law in the Indonesian province of Aceh, the first province to adopt Islamic law as its civil law. Special Sharia courts to impose punishment such as caning have been operating for a year in Aceh. Now some of the other provinces in Indonesia are beginning to look to Aceh as an example. This threatens to change the traditional rather liberal interpretation of Islam that has prevailed in Indonesia.

Meanwhile in Jakarta, two of the five candidates for governor have promised that they will oppose any Sharia based laws in the capial city if they win next year's election. Today's Jakarta Post says that the 3 other candidates for governor did not participate in the debate where the statements were made.