Recent Prisoner Free Excercise Cases

In Pasco v. Donald, 2007 U.S. Dist. LEXIS 22809 (MD GA, March 28, 2009), a Georgia federal district judge accepted a Magistrate’s recommendation to dismiss an Islamic inmate’s claim challenging his prison diet. The inmate argued that, for religious reasons, his diet should include fish. The judge also held that the dismissal should be with prejudice, instead of without prejudice as the Magistrate had recommended.

Sample v. Lappin, 2007 U.S. Dist. LEXIS 21777 (D DC, March 28, 2007), is a D.C. district court case in which a Jewish prisoner claims he should have the right to consume wine on the Sabbath and at a Passover seder. In an earlier decision, the court held that Bureau of Prison regulations substantially burden the inmate's sincerely held religious beliefs, but that the government has a compelling interest in controlling alcohol consumption in prisons. It ordered a trial on whether a complete ban was the least restrictive means to carry out that interest. In this decision the court rejected motions asking it to reconsider various portions of its earlier decision and to dismiss the case as moot or for failure to exhaust administrative remedies.

In Keal v. Washington, 2007 U.S. Dist. LEXIS 20961 (WD WA, March 23, 2007), a Washington federal district court upheld a Magistrate Judge's recommendations, dismissing a series of claims against a number of correctional officials. The suit by two prisoners challenged denial of a Halal diet, denial of a Muslim sponsor, claims regarding prayer at work, interference with the ability to observe Ramadan, and a prohibition on wearing dreadlocks.

In Smith v. Bruce, 2007 U.S. Dist. LEXIS 21220 (D KA, March 23, 2007), a Kansas federal district court permitted a prisoner to move ahead with his claim that his free exercise rights were violated when defendants repeatedly served him gelatin containing animal by-products, in violation of his religiously mandated vegetarian diet.

In Porter v. Caruso, 2007 U.S. Dist. LEXIS 21244 (WD MI, March 26, 2007), a Michigan federal district court, accepting the conclusions of a magistrate judge, permitted an inmate to proceed to trial on his claim that prison authorities violated RLUIPA by barring him from purchasing a replacement ankh cross, which he says is the primary symbol of his practice of the religion of Kemetic Spiritual Science.

In Thompson v. Scott, 2007 U.S. Dist. LEXIS 21742 (SD TX, March 27, 2007), a Texas federal district court permitted a prisoner to move to trial on his claim that the prison's grooming standards infringed his free exercise rights and his rights under RLUIPA. He alleged that he was forced to cut his hair in violation of his Native American Cherokee-Blackfoot religious traditions.

In Christiansen v. Walker, 2007 U.S. Dist. LEXIS 22215 (SD IL, March 28, 2007), a Muslim prisoner alleged that the defendants did not provide him a diet or hygiene supplies free of animal products, that they forced him to attend Christian religious programs , and that they did not permit him adequate time or space to observe his prayer rituals and participate in fasting rituals. An Illinois federal district court dismissed claims against three of the defendants because they were not involved in the decision to deny plaintiff religious accommodation. As to the other defendant, the court granted him summary judgment on plaintiff's dietary claims, but not on his other claims.

Profiling of Autos Carrying Bibles OK'd

Apparently it is common practice for illegal drug couriers to carry a Bible on their vehicle dashboard to avoid suspicion. In Frazier v. Lutter, 2007 U.S. Dist. LEXIS 22277 (D NE, March 27, 2007), a Nebraska federal district court rejected a claim based on police targeting of a vehicle in part because of a Bible on its dash. A convicted drug defendant argued that the targeting violated his First Amendment rights. The court said that the drug courier was no more punished for carrying a Bible than he was for driving a vehicle.

DNA Swab Does Not Violate Putative Father's Free Exercise Rights

In State of Ohio ex rel. Maxwell v. Trikilis, (OH App., March 26, 2007), an Ohio appellate court rejected a putative father's claim that taking a DNA sample from him in order to determine paternity violated his free exercise rights under the Ohio and U.S. constitutions. Deann Maxwell claimed that his religion, Spiritual Individualism, contains a tenet that nothing can be taken from the body unless it serves a medical purpose. The court held that the state has a compelling interest in ensuring that children are supported by their natural parents. It concluded that the state had used the least restrictive means available to resolve the paternity dispute when it took a DNA sample by a buccal swab instead of by drawing blood.

Court Rejects Several of School's Claims In Attempt To Get Building Permit

An earlier posting reported on a jury's ruling against Redwood Christian Schools in its RLUIPA discrimination claim against Alameda County, California. The school was seeking a permit to construct a new building. Now there is available the California federal district court's opinion in the same case dismissing the school's First Amendment claims, and one of its RLUIPA claims, before they reached the jury. In Redwood Christian Schools v. County of Alameda, 2007 U.S. Dist. LEXIS 22626 (ND CA, March 8, 2007), the court rejected as a matter of law the school's claim that its free exercise, freedom of association and free speech rights had been violated. The court also rejected a RLUIPA "Unreasonable Limitation" claim.

Slovakia's Parliament Makes Church Recognition More Difficult

The Slovak Spectator says that Slovakia's Parliament last Thursday approved an amendment to the country's Law on Religious Freedom that will make it more difficult for churches to obtain official recognition. In the past, an group was required to submit a petition with the signatures of 20,000 adult permanent residents stating they share the beliefs of the community. Under the amendment, signatures must be from adults who are actually members of the group and who are Slovak citizens as well as permanent residents.

North Carolina County Commission Sued Over Sectarian Prayers

WGHP reported on Friday that the ACLU and Americans United have filed a federal lawsuit against the Forsyth, North Carolina, County Commissioners challenging their practice of opening meetings with a sectarian prayer. The lawsuit says that a majority of the prayers offered by religious leaders to open commission meetings in 2006 invoked the name of Jesus Christ. (See prior related posting.)

UPDATE: Here is the full text of the complaint in the lawsuit. Sunday's Winston-Salem Journal reports that commissioners will meet on Thursday to discuss whether they should fight the lawsuit. The high cost of mounting a defense will be one consideration.

Compromise Reached Over Ownership Of Czech Cathedral

AFP reports today that the government of Czech Republic and the Roman Catholic Church have reached a compromise over control of St. Vitus' Cathedral, one of Prague's best known landmarks. After 14 years of litigation, the parties have agreed that the Church and president's office will jointly manage the Cathedral. The Church has claimed that it still holds title to the Church and that the Communist regime of the country did not effectively cancel its ownership. (See prior posting.)

British Veiled Teacher's Appeal Rejected

In a widely followed case, Britain's Employment Appeal Tribunal has upheld the suspension of a Muslim teacher who was fired last year for refusing to remove her full-face veil while teaching children at a school in West Yorkshire. (See prior postings, 1, 2.) A Press Association report says the Tribunal found that the school had justified its actions in this case. However, the Tribunal held that it is possible for religious discrimination laws to be violated when action is taken against a person because the person wears particular religious symbols or clothing.

Religious Defamation-- UN Defends Muslims While NY Catholics Object To Art Display

On Friday, the United Nations Human Rights Council adopted a resolution urging countries to take action to protect "against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions". It also focuses on racist and xenophobic materials. (UN Press Release.) The resolution, proposed by Pakistan, expresses concern over measures designed to control and monitor Muslim and Arab minorities which serve to stigmatize Muslims and legitimate discrimination against them. (Associated Press of Pakistan). Reuters reports that the vote on the resolution was 24 yes, 14 no and 9 abstentions. Western European states opposed the resolution, saying that the role of the Council was to deal with rights of individuals, not rights of religions. They also objected that it focused too much on Islam.

Meanwhile, CNN today reported on a different kind of concern over defamation of a religion. New York's Roger Smith Hotel closed down a display titled "My Sweet Lord" after a flood of objections from Catholics to the display's nude, anatomically correct chocolate sculpture of Jesus. Bill Donohue, head of the Catholic League, said the life-size statue was "one of the worst assaults on Christian sensibilities ever."

In a series of releases from the Catholic League, Donohue first said: "All those involved are lucky that angry Christians don’t react the way extremist Muslims do when they’re offended—otherwise they may have more than their heads cut off." (March 29 Release). Then, saying that sculptor Cosimo Cavallaro has invited the public to show up at midnight on April 1 to take a bite of his chocolate sculpture, he continued: "The Roger Smith Hotel is morally bankrupt. It is the goal of the Catholic League to make it financially bankrupt as well." (March 29 Release #2). Finally, after the exhibit was closed, Donohue said: "While we are delighted with the outcome, we are not pleased with the comments of the gallery’s creative director, Matt Semler. For him to say that our objection to this outrageous display constitutes hate speech and is the equivalent of a fatwa shows how deliriously irresponsible this man is." (March 30 Release.)

Turkey's Secularist Tradition At Issue In Murder Trial

Today's Wall Street Journal carries a front page article titled "In Turkey, a Judge's Murder Puts Religion in Spotlight". [subscription required]. It details the background of the trial in Ankara of a radicalized Muslim lawyer who murdered a secularist judge of Turkey's top administrative court last year. The attack wounded three other judges. The attack stemmed from the judges' decision upholding a school's refusal to promote a kindergarten teacher because, in its view, she set a bad example by insisting on wearing a Muslim headscarf near her school. (See prior postings 1, 2, 3). Earlier this month, Turkey's Public Prosecutor urged that the assassin, Alparslan Arslan, and three others be given life sentences in solitary confinement with no possibility of parole on charges of "establishing and running an illegal armed gang to subvert the constitutional regime through coercion." (New Anatolian, March 2.) [Thaks to Steven H. Sholk for the lead.]

Motion Seeks Dismissal of Trespass Charges Against Gideon Bible Distributors

The Baptist Press yesterday carried a story about the Motion to Dismiss (full text) filed earlier this month in a Monroe County, Florida court by the Alliance Defense Fund seeking the dismissal of trespass charges against two members of The Gideons International who were arrested for distributing Bibles on school property. The two men were arrested in January after being asked to leave the elementary-middle school campus by sheriff's deputies called by the school's principal when she received complaints from parents. Much of the legal argument turns on a Florida statute (F.S.A. 810.097) which prohibits any person who "does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property." The motion argues that defendants did have legitimate business, had permission to be there, and in any event that the enforcement of the statute against them violates their First Amendment rights. It also argues that the statute is vague and overbroad.

Kansas Legislature Passes Ban On Funeral Protests

The Kansas legislature yesterday followed the lead of 32 other states, passing and sending to the governor for her signature a bill that outlaws funeral protests. The bill prohibits demonstrations within 150 feet of a funeral from one hour before to two hours after the funeral service. (House Sub for SB 244). Today's Wichita Eagle reports on the bill, enacted by the state that is home to Westboro Baptist Church whose members regularly picket funerals of veterans to protest homosexuality in the United States. The bill directs the state attorney general to seek a judicial determination of the constitutionality of the new law. Apparently this provision is designed to prevent Westboro pastor Fred Phelps and his followers from recovering attorneys' fees in a challenge to the new law. The bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. The bill also allows family members to sue funeral protesters for defaming a deceased. Normally a cause of action is not available for defaming a dead person. A legislative note summarizes the bill's provisions.

UPDATE: On Friday, Kansas Gov. Kathleen Sebelius announced that she would sign the anti-funeral protest bill into law. (Lawrence Journal-World).

Pakistan Brothel Owner Kidnapped, Then Released By Muslim Students

In Pakistan, a religiously motivated kidnapping has come to what some consider a happy ending. Late last Tuesday in Islamabad, after a brothel owner, known as Aunty Shamim, refused to close down her establishment, a group of 30 female and 10 male Muslim students broke into the brothel and took Shamim, her daughter, her daughter-in-law and her 6-month-old granddaughter as captives inside their Jamia Hafsa seminary. The incident was reported by the Associated Press and by Al Jazeera. A student, saying that their religion authorizes their conduct, said the women would be released if they promised to close the brothel. Authorities responding to the kidnappings on Wednesday arrested two of the seminary's female teachers and two male students. This in turn led to protests by students and by the seminary's vice-principal who threatened "jihad" unless the female teachers were released.

Today's Gulf Daily News reports that Aunty Shamim has been released after she put on a burqa and signed a statement saying in part: "I seek forgiveness for the sins that I have committed and declare I will live like a true Muslim and preacher of religion." Aunty Shamim's relatives and the arrested teachers have also all now been released, as have two policemen who were seized by protesting students.

Oregon Church Loses RLUIPA Land Use Appeal

An Oregon church has been unsuccessful in forcing a county to grant it a special use permit to locate a school in its planned church and day care building. In Timberline Baptist Church v. Washington County, (OR App., March 28, 2007), in a 2-1 decision, an Oregon Court of Appeals upheld the denial of a special use permit to Timberline Baptist Church, finding that under RLUIPA the denial did not impose a substantial burden on the church's free exercise of religion. The majority rejected the church's claim that requiring it to seek out other suitable property would itself be a substantial burden. The dissent argued that the denial does create a substantial burden because Timberline is being forced to give up its approved church and day care facility on the property it owns, or else to abandon its religious precept of operating a church and religious school on the same property.

Suit Against California School By Jehovah's Witness Settled

A Jehovah's Witness minister has settled her suit against the Modesto, California school district. Eon Walden claimed that her grandson was required to participate in Sonoma Elementary School holiday activities even though she had requested he be excused from them because they conflicted with their religious beliefs. According to an Associated Press report, the school child was forced to recite the Pledge of Allegiance and color a Thanksgiving turkey. The suit, settled for payments totally $30,000, also alleged racial discrimination. The school district has denied the allegations.

NY Church Challenges Refusal To Rent It Space In State Building For Easter Services

On Tuesday, the Alliance Defense Fund filed suit in a New York federal district court on behalf of a Watertown, NY church that wishes to rent a conference room in the Dulles State Office Building to use for Easter services. (Release). Seeking an injunction and declaratory relief, the complaint (full text) challenges state rules that permit building space to be rented out by private groups for educational, cultural, or civic purpose, but prohibits its use for religious activities or services. It claims that the policy violates the First and 14th Amendments. News10now reports on the lawsuit.

Maldives Says Islamic Identity Is Crucial To Protect National Unity

Last August, the United Nations Special Rapporteur on freedom of religion or belief issued a report strongly critical of the Maldives for its lack of religious freedom. The report said that in the country, the concept of national unity appears to have become inextricably linked to the concept of religious unity. Minivan News reported yesterday on a response to the report. On Tuesday, Maldives Permanent Representative to the United Nations in Geneva, Hassan Sobir, addressed the UN's Human Rights Council, saying: "It is of paramount importance to the Government of the Maldives to maintain our Islamic heritage and identity and to protect the national unity and harmony that flow from it...The current challenge facing the Maldives is therefore to preserve our identity and unity while at the same striving to conform to international standards."

House Presses For Liability Shield For Passengers In "Flying Imams" Case

As previously reported, a suit by six imams who were removed from a U.S. Airlines flight in Minneapolis last November after passengers became concerned about their behavior has stirred a great deal of controversy. Now Congress is weighing in. On Tuesday, the U.S. House of Representatives voted 304-121 to send the Rail and Public Transportation Security Act of 2007 back to committee so that language shielding passengers can be inserted into the bill. CNS News reports that Republican proponents of the amendment want to prevent passengers from hesitating to report suspicious behavior, while Democratic opponents were concerned that the amendment would encourage racial profiling. Here is a summary of the Republican motion to recommit from a news release on Congressman Bill Shuster's website:

The Republican motion to recommit H.R. 1401, the Rail and Public Transportation Security Act of 2007, provides that any person who makes a voluntary disclosure regarding suspicious activity that constitutes a possible threat to transportation security to appropriate security and law enforcement authorities shall be immune from civil liability for such disclosure.

The amendment protects any such disclosure relating to threats to transportation systems, passenger safety or security, or possible acts of terrorism.

The amendment also shields transportation systems and employees that take reasonable actions to mitigate perceived threats.

The amendment is retroactive to activities that took place on or after November 20, 2006 - the date of the Minneapolis incident involving six Islamic leaders who were removed from a U.S. Airways flight after they were observed acting suspiciously.

Finally, the motion authorizes courts to award attorneys fees to defendants with immunity.

Additional coverage is at Michelle Malkin's blog and at OmniNerd.

Congressmen Call America to Prayer

The 35-member Congressional Prayer Caucus at a press conference on Wednesday launched an initiative to encourage every American to spend five minutes a week praying for the nation. Today's Detroit Free Press reports on the effort. The group has created a "Wall of Prayer Around America" page on the Congressional Prayer Caucus Foundation website. Using a graphic of the Western Wall in Jerusalem, it seeks individuals to sign up for specific times to pray so that all times are covered. Reacting to the effort, Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, said: "Lawmakers should stick to their constitutional duties and leave religious decisions to individuals.... Religion is too important to become a political football." Additional coverage of the story is on Blog from the Capitol and Melissa Rogers websites.

Employees Lodge Religious Objections To Hand Scanners

On Point Legal News today carries an interesting story on recent lawsuits brought by employees who object to using biometric hand scanners to clock their arrival and departure from work. They interpret the Biblical Book of Revelation, Chap. 13, as warning against taking the "Mark of the Beast" on one's forehead or right hand. Plaintiffs, citing religious concerns, want to use an alternative method to record their working hours. Some employers have accommodated employees by permitting them to place their left hands, instead of their right hands, under the scanners.