NY Church Can Rent State Space; But Lawsuit Continues

After being sued last week by the Alliance Defense Fund, state officials have agreed to rent space in the Dulles State Office Building in Watertown, New York to the Relevant Church for it to use for Easter morning services. Newswatch50, however, reports that the lawsuit will continue in order to get the state to broadly change its policy that excludes religious groups from renting state-owned facilities.

Texas Legislator Walks Out On Muslim Prayer

On Wednesday, the invocation opening the session of the Texas Senate was offered by Imam Yusuf Kavacki. However when he offered blessings from the Koran, Sen Dan Patrick walked out in protest. He said: "we are a state of nation with freedom of religion under which we are entitled to pray and that is remarkable. But in many parts of the world, Jews and Christians would not be given that same right.... We are a nation that allows a Muslim to come in with a Koran but does not allow a Christian to take a Bible to school ... We are a Judeo-Christian nation, primarily a Christian nation." Yesterday's Daily Texan criticizes Patrick's actions.

Workplace Religious Freedom Act Compromise May Be Evolving

Haaretz yesterday carries an interesting article on the compromise proposals that are developing in the attempt to obtain enactment of the Workplace Religious Freedom Act by the U.S. Congress. (See prior related posting.) Some 40 faith organizations across the political spectrum favor the bill that would assure accommodation of religious beliefs in the workplace. However, a number of civil rights groups fear that the bill will be used by conservatives to harass gays and lesbians, proselytize co-workers, refuse to fill contraceptive prescriptions for women, and refuse to protect abortion clinics. Now at least two Jewish groups-- ADL and Hadassah-- favor a compromise that would limit the bill to claims involving religious dress and grooming, and time off for religious observance. A number of other Jewish groups however oppose any weakening of the original bill.

British County Refuses To Fund Easter Cross

For years in the British county of Lancashire, church volunteers have put up a large cross in the St. Annes' town square at Easter time. Now however, according to yesterday's Daily Express, European Union health and safety rules require that they hire contractors for the job. However, Lancashire County Council has refused to fund the costs of contractors saying that it would be an improper use of county funds. This in turn has led to a protest by residents who claim that the county is wrong in thinking that non-Christians would be offended by the cross. MP Philip Davies called the council decision "completely barmy".

Jews for Jesus Win Right To Leaflet In Two Cases

A New York trial court on Wednesday found that an Oyster Bay, New York permit ordinance is unconstitutional, and dismissed criminal charges against a member of Jews for Jesus who was arrested for handing out religious literature in an Oyster Bay park. In People v Mendelson, (Nassau Co. Dist. Ct., April 4, 2007), the court held that the ordinance contains no guidelines for the Town Board to use in deciding whether to grant or deny a permit. The ordinance was found to be unconstitutional on its face because of the complete discretion given to officials in deciding whether to permit leafleting in Oyster Bay parks.

Meanwhile in Los Angeles, a federal judge on Monday issued a preliminary injunction protecting the rights of members of Jews for Jesus to hand out literature in public parks. In Jews for Jesus v. City of Los Angeles, (CD CA, April 2, 2007), the court ordered police to protect Jews for Jesus members who plan to hand out literature outside the Israel Independence Day Festival planned for later this month in Los Angeles' Woodley Park. However, distribution must be at least 10 yards away from the festival entrance. An ADF release discusses the decision.

Former MI State Trooper Says He Cannot Be A Chaplain

The Associated Press today reports that a retired Michigan state trooper has filed an unusual civil rights claim arguing that he is being pressured to serve as a chaplain even though he is not ordained. The police officer was injured in an auto accident while on the job. Initially the state granted him workers' compensation payments, but later terminated them because he refused to accept a position as a Department of Corrections chaplain. Former trooper Bruce Paris, a Pentecostalist, holds a master's degree in biblical studies, but says that his conscience will not permit him to work as a member of the clergy without being called. A bishop of the Church of God In Christ says that it would violate church doctrine for Paris to take the chaplain position.

Another City Authorizes A 10 Commandments Monument

On Tuesday, the Bloomfield, New Mexico City Council voted unanimously to authorize a Ten Commandments monument in front of Bloomfield City Hall. The monument will cost between $5 and $6 thousand. A fund has been set up through a non-profit religious organization to permit individuals to make contributions independently or through their churches. Yesterday's Farmington (NM) Daily Times reported Council rejected the suggestion that other historic documents be put up along with the Ten Commandments. Shirley Olbert, a retired history teacher who supports the proposal said: "The Ten Commandments are basically a law of the land from a historical standpoint — it's what our Founding Fathers used to reflect a lot of their issues and our historical documents."

Challenge To Faith-Based Jail Program Settled

On Tuesday, a settlement agreement was filed in a Scranton, Pennsylvania federal district court in a suit that had challenged a proselytizing faith-based vocational training program that was operated at the Bradford County jail. The Towanda (PA) Daily & Sunday Review reported on the settlement. Without admitting wrongdoing, the county agreed not to use public funds to support religious activities or maintain buildings primarily used for religious activities. It also agreed not to discriminate on the basis of religion in publicly funded programs. The Firm Foundation program, which ended in 2005, had been designed to train prisoners in life skills. (See prior posting.)

Mt. Soledad Plaintiff May Not Depose Officials On Legislative Motivations

Litigation challenging the San Diego, California Mt. Soledad cross and the memorial surrounding it never seems to quite end. Earlier this week, a California federal district court issued an interesting decision denying the plaintiff in one of the suits the right to depose Congressional Representative Duncan Hunter and the City of San Diego Mayor Jerry Sanders. Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 24093 (SD CA, April 2, 2007), is a challenge under the Establishment Clause to H.R. 5683 that transferred title to the cross and memorial to the United States. Plaintiff sought to depose the mayor and the Congressman about the purpose underlying the legislation. The court held that the deposition of Rep. Hunter is precluded by the Constitution's "speech and debate" clause and that the information sought in both depositions-- the subjective motivation of legislators-- is not relevant to plaintiff''s Establishment Clause claim.

Court Orders Marine Discharged As Conscientious Objector

The Associated Press reports that last Thursday, a California federal district judge ruled that Marine Lance Corporal Robert Zabala should be discharged as a conscientious objector. Zabala, who followed some Buddhist traditions, argued that the sanctity of life formed the moral center of his life. Judge James Ware's opinion in the case is available on Westlaw. The case is Zabala v. Hagee, 2007 WL 963234 (N.D.Cal., March 29, 2007).

Colorado Church's RLUIPA Claim Survives Dismissal Motion

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2007 U.S. Dist. LEXIS 23701 (D. CO, March 30, 2007), a Colorado federal district court rejected a county's motion to dismiss a church's claim that denial to it of a special use permit violated RLUIPA. The court held that there were issues of fact as to whether the denial imposed a substantial burden on the church's free exercise of religion, whether the church's project would affect interstate commerce, and whether the county's zoning scheme subjected the church to an individualized assessment that is necessary to trigger RLUIPA. The court also held that the church's complaint adequately stated free speech, free exercise and equal protection claims.

Government Agency May Not Restrict Religious Messages On Employee Bulletin Boards

In Lister v. Defense Logistics Agency, 2007 U.S. Dist. LEXIS 23804 (SD OH, March 30, 2007), an Ohio federal district court struck down as unconstitutional a bulletin board policy of the Defense Logistics Agency that prohibited items reflecting a religious preference from being posted on Notice Bulletin Boards in the workplace. It held that "once the government creates a board open for posting by employees of virtually any noncommercial message, it may not exclude those messages of a religious nature."

Church Daycare Zoning Permit Application Remanded

In Ridley Park United Methodist Church v. Zoning Hearing Board Ridley Park Borough, (PA Commn. Ct., April 3, 2007), a Pennsylvania appellate court reversed and remanded to the zoning board the grant of a special zoning exception to allow a church to operate a day care center on its property. The court held that denial of a special exception would not violate the Pennsylvania Religious Freedom Protection Act because daycare is not a fundamental religious activity of a church. However, the court remanded the case for a determination of whether the daycare was a "parochial educational institution" and therefore entitled to a special exception under the borough's zoning ordinance.

7th Circuit: Taxpayer Lacks Standing To Challenge Federal Aid To Boy Scout Jamboree

The U.S. 7the Circuit Court of Appeals today in Winkler v. Gates, (7th Cir., April 4, 2007), held that a taxpayer did not have standing to bring an Establishment Clause claim challenging the constitutionality of 10 USC 2554, the federal statute that authorizes the United States military to assist the Boy Scouts of America with its national Jamboree. The court held that the Jamboree statute is not primarily a taxing and spending statute-- and so a precondition to successful assertion of taxpayer standing was lacking. All 3 judges agreed that the taxpayer lacked standing, but Judge Sykes wrote a concurring opinion arguing that the taxpayer standing doctrine is not merely prudential, but is constitutionally mandated. Today's Washington Post reports on the decision. Boy Scouts of America issued a statement praising the decision. (See prior related posting.) [Thanks to How Appealing for the lead.]

Elementary School Violated 4th Grader's Speech Rights In Barring Religious Fliers

A New York federal district court last week held that the Liverpool Central School District in upstate New York 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. In M.B. v. Liverpool Central School District, (ND NY, March 30, 2007), the court found that the fliers would not cause substantial disruption, and that the school's policy requiring advance approval of student handouts was unconstitutional because it had no objective criteria under which determinations would be made. An Associated Press story yesterday reported on the decision.

Church Loses Challenge To Health Inspectors' Visits

In Youngblood v. Florida Department of Health, (11th Cir., March 28, 2007), the U.S. 11th Circuit Court of Appeals rejected a civil rights claim against the Florida Department of Health brought by the First Conservative Baptist Church, its minister and a Christian school it operates. Health officials insisted on inspecting the classrooms and playground of the school, housed on the church’s premises. The court held that the First Amendment was not violated by this attempt to enforce a neutral regulatory statute of general application, and that the Florida Religious Freedom Restoration Act was not violated because there was no showing of a substantial burden on free exercise rights. The court also rejected equal protection, due process and conspiracy claims.

President Bush's Passover Message

Today President Bush issued his annual Passover Message, sending greetings to those celebrating the Jewish holiday. His message concludes that "Passover is a time of hope and faith and a time to reflect on God's boundless love and endless mercy." Passover begins at sundown this evening.

Recent Articles and Scholarship In Law and Religion

From SSRN:
Perry Dane, Exemptions for Religion Contained in Regulatory Statutes" . Encyclopedia of American Civil Liberties, Vol. 1, pp. 559-562 (2006).

Chaim Saiman, Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law, Villanova Law/Public Policy Research Paper No. 2007-5.

From SmartCILP (mostly):
James Forman Jr., The Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics (Abstract), 54 UCLA Law Review 547-604 (2007).

Kamran Hashemi, Religious Legal Traditions, Muslim States, and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation, 29 Human Rights Quarterly 194-227 (2007).

Thomas J. Paprocki, Marriage, Same-Sex Relationships, and the Catholic Church, 38 Loyola University Chicago Law Journal 247-264 (2007).

Theresa J. Pulley Radwan, Keeping the Faith: The Rights of Parishioners In Church Reorganizations, 82 Washington Law Review 75-120 (2007).

James A. Sonne, Firing Thoreau: Conscience and At-Will Employment, 9 University of Pennsylvania Journal of Labor & Employment Law 235-291 (2007).

Gerard V. Bradley, The Blaine Amendment: Harbinger of Secularism?, 8 Engage 138-143 (Feb. 2007).

Church of England Bishop Tests Scope of Employment Equality Regulations

In Britain, a leading Church of England bishop is forcing a test of the scope of exemptions to the country's 2003 Employment Equality (Sexual Orientation) Regulations. According to yesterday's Observer, the Bishop of Hereford, Right Reverend Anthony Priddis, blocked the appointment of John Reaney as a youth worker, despite a unanimous recommendation of an interview panel that he be given the job. An exemption in the Employment Equality Regulations for organized religion has so far been interpreted to apply only to a few positions that are close to clergy. (Background). On Wednesday, an employment tribunal in Cardiff will hear Reaney's challenge to the Bishop's action.

"Bong Hits 4 Jesus" Litigant's Interview Published

On Sunday, the Longview (TX) News-Journal published an interesting interview with Joseph Frederick, appellant in a first Amendment case argued before the U.S. Supreme Court last month. (See prior posting.) Frederick unfurled a banner reading "Bong Hits 4 Jesus" while his high school watched the Olympic torch pass through Juneau, Alaska. Frederick told the paper:

I was looking for unusual, hilariously funny, provocative and controversial speech that would not be easily understood but would be wide open to subjective interpretation to anyone that read it. When (the principal) demanded to know the meaning, I told her it could be interpreted as an acronym for "Bring on the national games, head into town for Jesus" — but that was not the meaning. I told her the banner message was never intended to promote drugs or religion but the message was to be interpreted subjectively and a person was free to assign whatever meaning and value to the banner they desired to assign to it, and if someone interpreted it as a religious message or a drug message then that is what the sign meant to them....

My message to the school was clear. "I am asserting my First Amendment free speech rights, there is nothing you should be able to do about it, and I am doing it in front of a national audience," CNN news. The underlying message I believe is quite clear: No one can interfere with my free speech rights and the free expression of my thoughts. I guess I took my Texas spirit and stubbornness with me when I moved to Alaska.