Partial Reversal In Case of Woman Injured During Altar Call

In Dadd v. Mount Hope Church and International Outreach Ministries, (MI Ct. App., April 9, 2009), a Michigan appellate court affirmed a jury's negligence award, but reversed its award in false light, libel and slander claims. The suit was brought by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. She also alleged that the pastor made derogatory remarks about her orally and in writing after the incident, including allegations she was attempting to commit insurance fraud. (See prior posting.) The court said that while the church has no general duty to protect all congregants who participate in services from injury, here the pastor made it clear that ushers were specially trained to catch people who fall during an altar call. However, on the defamation claims, the court held that the trial court should have instructed the jury on qualified privilege. Friday's Detroit Free Press reports on the decision. [Thanks to Brian D. Wassom for the lead.]

California Civil Court Overturns Jewish Religious Court Decision

In a California civil suit seeking confirmation of a Jewish religious court's judgment, a Los Angeles Superior Court judge has held that one of the rabbis on the Bet Din (religious court) had an apparent conflict of interest. Thursday's Los Angeles Times reported on the case in which the widow of Rabbi Norman Pauker claimed ownership of four Torah scrolls that had been in the possession of her late husband's assistant, Rabbi Samuel Ohana, for over a decade. The Bet Din awarded the scrolls to the widow on the basis of a written agreement that the scrolls were to merely be loaned temporarily to Ohana. In overturning the religious court's decision, the civil court found that Bet Din member Rabbi Nachum Sauer had not disclosed comments he made in a newspaper article a year earlier that suggested the Torahs belonged to Pauker. Rita Pauker says she will appeal, while Ohana has already appealed the Bet Din's judgment to a higher court in Israel. (See prior related posting.)

Obama's Easter Plans Unclear; Weekly Address Focuses On Holidays--[UPDATED]

The New York Times on Friday speculated broadly on what church the Obama family might attend for Easter services. At Friday's White House press briefing (full text), press secretary Robert Gibbs refused to disclose President Obama's choice. Meanwhile, the President's weekly address yesterday (full text) focused in part on Easter and Passover, saying that both holidays are "occasions to think more deeply about the obligations we have to ourselves and the obligations we have to one another."

UPDATE: The Washington Post reports that the Obama family attended Easter services at at St. John's Episcopal Church, across Lafayette Park from the White House. Huffington Post has a video of the Obama's going to St. John's and a detailed pool report on the service.

School District Settles Suit Over Bullying of Muslim High Schooler

USA Today reported last Wednesday that the Washoe County (NV) School District will settle lawsuits alleging that administration officials failed to protect a Muslim high schooler from bullying. Jana Elhifny dropped out of high school after death threats and harassment for wearing a Muslim headscarf. Elhifny will receive $350,000 in the settlement. Her non-Muslim friend who was ostracized by fellow students will receive $50,000. The district will also work with lawyers on bullying and discrimination policies.

Egyptian Court Revokes Magazine's License Over Blaspehmous Poem

In Egypt last Tuesday, a Cairo administrative court rescinded the publishing license of Ibdaa, a government-funded magazine, finding that it had published a blasphemous poem by Egyptian poet Helmi Salem. M&C reports that the court's order comes in a "hesbah" lawsuit, a suit brought by a private party against anyone publishing anti-Islaimic teachings. In 2007, religious scholars at al- Azhar University, concluded that Salem's poem "included expressions that insult God." Salem disagrees, saying the poem was directed at the dependency and passivity of Muslims. This is the first time that a magazine's license to publish has been cancelled in a hesbah suit. Egypt's intellectuals and artists have backed Salem, and his lawyer expects the decision will be overturned on appeal.

Developments In Obama's Faith Based Partnerships Program

JTA reported Tuesday on the White House briefing earlier this week for the Office of Faith-Based and Neighborhood Partnerships Advisory Council and a wide spectrum of religious leaders-- including advocates of church-state separation. (See prior posting.) OFBNP executive director Joshua DuBois told those in attendance that the Office would put less emphasis on the Bush administration's concern about equal access to grants. Instead it will seek the expertise of faith-based groups on policy goals such as fighting poverty, promoting responsible fatherhood, reducing unintended pregnancies, and enhancing inter-religious cooperation. He also said that OFBNP will strengthen the "legal and constitutional footing" and draw "appropriate legal lines" for religious groups receiving government funds.

Meanwhile on Friday, the U.S. Department of Education announced the appointment of Peter Groff as the Director for the Faith-Based and Community Initiatives Center in the Office of the Secretary. Groff, who is currently president of the Colorado Senate, plans to enlist faith-based groups in support of equal access to education and educational excellence for all Americans.

Court Allows Students Warned Against Prayer To Proceed With Claims

In Kyriacou v. Peralta Community College District, (ND CA, March 31, 2009), a California federal district court refused to dismiss a number of constitutional challenges brought by two students who were threatened with dismissal from a community college for disruptive behavior. At issue was an incident in which student Kandy Kyriacou prayed with her instructor in an office that the instructor shared with other faculty. Another instructor objected, and also raised objections to Kyriacou's telling the second plaintiff, Ojoma Omaga, about the incident. The court rejected defendants' motion to dismiss most of plaintiffs' 1st and 14th Amendment claims. Thursday's San Jose Mercury News reports on the decision. (See prior related posting.)

Appeal Filed In Suit Challenging Inaugural Oath and Prayers

On Thursday, a notice of appeal to the D.C. Circuit was filed in Newdow v. Roberts, according to a release from the American Humanist Association. In the case, the trial court dismissed on standing grounds a challenge to the Chief Justice administering the oath of office at President Obama's inauguration using the phrase "so help me God" and to clergy delivering an invocation and benediction at the ceremony. (See prior posting.)

Tony Alamo Ministries Sues Arkansas Human Services Department

In an Arkansas federal court lawsuit filed Thursday, Tony Alamo Ministries and two of its members sued the Arkansas Department of Human Services , claiming that it has engaged in a campaign of harassment and intimidation against the church. State children's services officials have removed 36 children from the church's compound in Arkansas, saying that the children are endangered by practices such as underage marriages and beatings for ignoring church rules. (See prior posting.) The Arkansas Democrat Gazette and AP this week reported on the lawsuit. The complaint alleges that parents of the children are being required to move off church property and find jobs outside of the ministry to regain custody of their children. Meanwhile in scattered foster homes, the children are being exposed to television shows that would have been banned by the church, and are being vaccinated in violation of their parents' religious objections. It is alleged that the state pans to "deprogram" the children. Other parents with children under 18 have fled the church and are living as fugitives. The church has stopped holding services, and lacks personnel to fill the backlog of orders for Pastor Tony Alamo's cassette tapes and pamphlets.

Obama Beomes First President To Host A White House Seder

On Thursday, Barack Obama became the first President to host a Passover seder at the White House. According to Politico, the origins of the event were a year ago when a year ago some of Obama’s campaign staff held an impromptu seder in the basement of the Sheraton in Harrisburg, Pennsylvania. After ending that seder with the traditional "Next year in Jerusalem," they added: "next year in the White House." The White House website carries a photo of the 20-person seder held in the Old Family Dining Room, with Obama reading from the Haggadah.

University of Maryland Student Senate Ends Graduation Prayer

University of Maryland's Student Senate voted 32-14 to remove prayer from the University commencement ceremony. WJLA News reported yesterday that the vote on Monday culminated three years of debate on the issue. The invocation was presented each year by one of the University's 14 chaplains, and was designed to be inclusive. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

UPDATE: The April 13 GW Hatchet reports that University of Maryland President Dan Mote overruled the Student Senate's decision three days later. [Thanks to Scott Mange for the lead.]

Fatih-Based Office Hosts Meeting For Council and Invited Leaders

Today's Washington Post reports:

The Office of Faith-based and Neighborhood Partnerships, whose mission is to empower religious and secular groups that provide social services, is hosting more than 60 people it considers key leaders at the Eisenhower Executive Office Building for a meeting that began last night and runs through this evening.

Invited guests include the 25 members of the president's advisory council and a few dozen more insiders (almost all from faith-based groups), including people President Obama has turned to since he became a candidate for guidance on everything from torture ethics to Catholic politics to inner-city fatherhood programs.

Participants were pleased that administration officials were seeking their input on social policy issues, but fear that their agenda will get pushed aside by the economic crisis, and that funds will be diverted by state and local governments.

Vatican Rejects US Ambassador Names Because of Their Positions on Abortion

The Washington Times reported yesterday that the Vatican has rejected at least three names that President Obama has put forward as possible candidates for ambassador to the Vatican because of the individuals' support abortion rights. The failure to find an ambassador could become embarrassing as Pres. Obama hopes to visit the Vatican in July as part of a trip to Italy for a summit of the Group of Eight industrialized nations. [Thanks to Alliance Alert for the lead.]

Pres. Obama Sends Passover Greetings

Yesterday President Obama sent out a letter by e-mail conveying holiday wishes to all who are celebrating Passover. (Full text of letter.)

3rd Circuit Says Police Need Not Accommodate Officer's Khimar

In Webb v. City of Philadelphia, (3d Cir., April 7, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim brought by a Philadelphia police officer. Agreeing with the district court (see prior posting), the Court of Appeals held that it would impose undue hardship on the Department to require it to allow Kimberlie Webb, a Muslim, to wear a headscarf (khimar) while on duty in uniform. It agreed with the City that the uniform rule is necessary to create a perception of impartiality by citizens of all races and religions. AmLaw Daily reports on the decision, including the court's rejection of counsel's attmpt to raise a number of issues for the first time on appeal. [Thanks to Steven Sheinberg for the lead.]

Student In Israel Displays Novel Protest Over Court's Reading of Hametz Law

Passover begins tonight, and in Israel the dispute continues over how to interpret its Festival of Matzot (Prohibition of Leaven) Law, 5746-1986, (also known as the "Hametz Law"). Last year, a court held that its ban on the public display of any leavened product for sale or consumption during Passover did not prevent the sale in a closed place of business of leavened products. (See prior posting.) The Haredi (ultra-Orthodox) community is still distressed over the ruling. This week, according to Arutz Sheva, to protest the interpretation, yeshiva student Aryeh Yerushalmi entered a Tel Aviv grocery store, went to the bread section, and stripped naked (except for a sock over his private parts). He says Israeli law bans performing an indecent act in a public place, but if a grocery store is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. When police arrived at the scene, the student put his clothes back on. A Tel Aviv district court judge put Yerushalmi under house arrest for a week.

Cert. Denied In Establishment Clause Challenge To Navy Retirement System

Yesterday, the U.S. Supreme Court denied certiorari in Chaplaincy of Full Gospel Church v. Department of Navy, (Docket No. 08-1057) (Order List). In the case, the D.C. Circuit Court of Appeals had dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. (See prior posting.)

Court Says Ministerial Exception Does Not Apply In Suit Against Archdiocese

In Dayner v. Archdiocese of Hartford, 2009 Conn. Super. LEXIS 606 (CT Super., March 11, 2009), a Connecticut trial court rejected a 1st Amendment free exercise challenge to its jurisdiction in a suit brought by a former principal of a Catholic girl's school against the Archdiocese and a priest. Plaintiff alleged that her firing as principal involved a breach of implied contract, breach of implied covenant of good faith, promissory estoppel, wrongful termination and negligent infliction of emotional distress as to the Archdiocese and tortious interference with business expectancies as to the priest, Father Bzdyra. The court held that the "ministerial exception" that precludes a court from adjudicating employment disputes between religious institutions and their religious leaders does not apply here because "the court will not be required to consider matters of religious belief or practice in deciding these claims."

High School Must Bus Students From Rented Catholic Building For Sex-Ed

Yesterday's Newark (NJ) Star-Ledger reports that some public school officials in Perth Amboy (NJ) apparently did not read a lease closely enough when last year the district rented an empty Catholic school six blocks from Perth Amboy High School to alleviate overcrowded classrooms. It turns out that a clause in the lease prohibits using the premises to teach doctrines contrary to those of the Catholic Church. This means that the building may not be used to teach sex education that does not promote abstinence-only. So now students must be bussed back to the high school's main building for their sex-education classes. Perth Amboy's director of health and physical education says that ironically the students are now probably remembering more of what they are taught in sex-ed classes because of what they have to go through to get the information. [Thanks to Mike Cundiff for the lead.]

New Jersey Court Issues Injunction Allowing Church To Use Building

A Superior Court judge sitting in Morris County, New Jersey issued an injunction last Friday ordering that Pastor Eric Simons be permitted to use his Randolph Christian Church's former building for services on Sunday pursuant to the terms of a contract the church entered with Bible Church International. The contract followed the sale of Randolph's former building to Bible Church. Sunday's Newark Star-Ledger reports that Bible Church International is seeking to break its 5-year contract with Randolph Christian after Pastor Simons settled charges by the state Division of Consumer Affairs that he used the proceeds of the sale of the church building to buy himself and his wife a mansion and a boat. Bible Church's pastor says Bible Church International wants to protect its reputation and does not want to be associated with Simons.

New Yorker Meets Judicial Resistance On Name Change

The Staten Island Advance reported on Sunday on the problems that Kyle Campbell is having in his attempt to get New York courts to allow him to change his name. Campbell is a member of The Nation of Gods and Earths, a religion affiliated with Nation of Islam, whose members commonly take Allah as a name. Last year Campbell's petition to change his name to "Black Cream Allah" however was denied by a Staten Island judge who ruled that the first two words are the title of a rap song with violent lyrics, and that allowing Allah as a name would be similar to bestowing religious authority. So now Campbell has filed a petition to instead change his name to "Original Kreeam Shabazz." Nation of Islam believes that the Tribe of Shabazz was an ancient Black tribe. Campbell is awaiting a decision on whether the court will permit this name.

Suit Challenges Michigan Funeral Protest Law On Unusual Facts

Last week, the ACLU announced it had filed suit in Michigan federal district court challenging Michigan's funeral protest statute, M.C.L. § 750.167d(1). The complaint (full text) in Lowden v. Claire County, (ED MI, filed 4/1/2009), alleges that Lewis and Jean Lowden were driving in the funeral procession of a close friend who had been killed in Iraq when sheriff's deputies ordered them out of the procession and arrested them because of political protest signs that were taped to their van. The signs were not directed at the funeral, but rather were criticisms of Pres. George W. Bush and his policies, and had been on the van for several years. Indeed, the Lowdens had been invited to the funeral by the deceased soldier's family, and at the church organizers of the funeral procession had placed a funeral flag on the van without commenting on the signs. The suit asks for damages and a declaratory judgment that the funeral protest law unconstitutionally infringes freedom of expression and is void for vagueness. The suit also claims that plaintiffs were subjected to an unlawful search and seizure. [Thanks to Dispatches from the Culture Wars for the lead.]

Army Chaplain Urges Day of Prayer and Fasting-- Conflicts With Passover

The head of the Army's chaplain corps, Maj. Gen. Douglas L. Carver, has issued a proclamation urging that Wednesday, April 8, be observed as a day of prayer and fasting for soldiers and their families. The day comes during the Army's 120-day stand down and unit training period to focus on suicide prevention and awareness. Baptist Press reported last week that Carver, a Southern Baptist, chose the date because Wednesday is a prayer meeting night for Southern Baptists. However April 8 is also first night of the Jewish festival of Passover that is celebrated with the Seder feast. The Public Record reported on Sunday that some Jewish members of the Army are distressed that this date was chosen. Carver said he did not consult a calendar to look for conflicts when selecting the date.

Orthodox Jewish Policy Director Appointed To President's Faith-Based Council-- [UPDATE]: 9 New Members Appointed

According to a press release today by OU, Nathan J. Diament, director of public policy for the Union of Orthodox Jewish Congregations of America, has been named by President Barack Obama to serve on the President's Advisory Council on Faith-Based and Neighborhood Partnerships. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. (See prior posting.) The Advisory Council is comprised of 25 religious and secular leaders and scholars. At least 15 others have already been appointed. (See prior posting.) Diament, who is also an adjunct professor at American University, said that he is deeply honored to be appointed to the Council and looks forward to an "opportunity to bring the Torah's timeless values into conversations seeking solutions to modern challenges."

UPDATE: The Washington Post reported Monday afternoon that a number of new members were appointed to the Advisory Council and that its first substantive meeting was held today:

Several new members come from groups representing minorities, including: Dalia Mogahed, executive director of the Gallup Center for Muslim Studies; Anju Bhargava, founder of Asian Indian Women of America and Harry Knox, head of the religion program at the Human Rights Campaign, which advocates for gays and lesbians.

Other new members include Anthony Picarello, formerly of the religious liberties law firm Becket Fund and now general counsel to the U.S. Conference of Catholic Bishops, and Rev. Peg Chemberlin, president-elect of the National Council of Churches, a sprawling ecumenical umbrella group of mostly mainline Protestants

A White House press release Monday afternoon lists all the members, including the 9 new appointees. Additional new members are Bishop Charles Blake, Nancy Ratzan and Dr. Sharon Watkins. Absent from the list of appointees was former NFL coach Tony Dungy. A previous announcement that he had been invited to join the Council stirred criticism. (See prior posting.) [Thanks to Blog From the Capital for the lead.]

Former Student Challenges University's Requirements for Counseling Practicum

Last week, a former graduate student at Eastern Michigan University [corrected] filed suit in a Michigan federal district court alleging that she was unconstitutionally dismissed from the University's graduate Counselling Program solely because her religious beliefs and expression regarding homosexual behavior contradicted those of the University's counseling department. Ward believes that homosexual behavior is immoral and can be changed. In Ward v. Members of the Board of Control of Eastern Michigan University, (ED MI, filed 4/2/2009) (full text of complaint), Julea Ward alleged that disciplinary proceedings were brought against her because in her Counseling Practicum course she referred a homosexual client to another counsellor rather than affirm and validate the client's homosexual conduct. She was told that to remain in the program she would need to undergo a "remediation" program to "see the error of her ways" and change her "belief system" on homosexual conduct. Alliance Defense Fund issued a release announcing the filing of the lawsuit. The University today refused specific comment, but said that it is a "diverse campus with a strong commitment not to discriminate on the basis of gender, race, disability, religion, sexual orientation, gender identity or expression." (Ann Arbor News.)

Obama In Turkey Stresses Respectful US-Muslim Relationship

At both a news conference today with Turkish President Abdullah Gul, and in a major address today to Turkey's Parliament, President Barack Obama spoke of US-Muslim relations. In his press conference in Ankara, according to CNN, Obama said:

I think that where there's the most promise of building stronger U.S.-Turkish relations is in the recognition that Turkey and the United States can build a model partnership in which a predominantly Christian nation, a predominantly Muslim nation -- a Western nation and a nation that straddles two continents ... that we can create a modern international community that is respectful, that is secure, that is prosperous, that there are not tensions -- inevitable tensions between cultures -- which I think is extraordinarily important....

[O]ne of the great strengths of the United States [is that it does not consider itself] a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values. I think modern Turkey was founded with a similar set of principles.

In his speech to Parliament (full text from Hurriyet) Obama said:

I know that the trust that binds us has been strained, and I know that strain is shared in many places where the Muslim faith is practiced. Let me say this as clearly as I can: the United States is not at war with Islam and will never be. In fact, our partnership with the Muslim world is critical in rolling back a fringe ideology that people of all faiths reject.

But I also want to be clear that America’s relationship with the Muslim world cannot and will not be based on opposition to al Qaeda. Far from it. We seek broad engagement based upon mutual interests and mutual respect. We will listen carefully, bridge misunderstanding, and seek common ground. We will be respectful, even when we do not agree. And we will convey our deep appreciation for the Islamic faith, which has done so much over so many centuries to shape the world for the better – including my own country. The United States has been enriched by Muslim Americans. Many other Americans have Muslims in their family, or have lived in a Muslim-majority country – I know, because I am one of them.

Court Says Pro Se Prisoner Cannot Maintain Class Action

In Blast v. Fischer, 2009 U.S. Dist. LEXIS 27264 (WD NY, March 30, 2009) , plaintiff, a practitioner of Santeria, brought an action claiming that New York prison policies are being selectively applied to prevent non-mainstream religious practitioners from being able to obtain various religious items. (Plaintiff, housed in an all-male prison, is in the process of gender transition, and is referred to as "she" in the decision in accordance with her request.) In a previous decision, a different federal district judge denied appointment of counsel for plaintiff. In this decision, the New York federal district court refused to certify her suit-- brought under RLUIPA and the 1st Amendment-- as a class action on behalf of all Santeria practitioners currently in state correctional facilities. The court held: "It is well established law that class action suits cannot be maintained by pro se litigants."

Mexican Drug War Tactic Angers Santa Muerte Followers

As part of its war on the drug cartels, Mexican law enforcement is apparently destroying shrines to the "Santa Muerte"-- the Death Saint, often portrayed as a robe-covered skeleton resembling the Grim Reaper. San Jose (CA) Mercury News reported yesterday that the Death Saint is often popular with drug traffickers. However the new government campaign against the worship of Santa Muerte has angered many other believers who often use elements of Catholic ritual to worship the Saint. Last month, army troops and workers used back hoes to destroy more 30 Santa Muerte shrines in Nuevo Laredo, across the border from Laredo, Texas. The sect's archbishop, David Romo, called the destruction religious persecution. Some 200 protesters, agreeing with his position, marched in Mexico City yesterday.

UAE Proposal Would Unify Fatwa Procedures Through Federal Law

In the United Arab Emirates, the government is taking steps to bring under control the "fatwa chaos" that has resulted from religious rulings being issued by unqualified sources. The National reports today that the first step towards standardizing national fatwa procedures was taken last year when a dedicated fatwa centre was created to answer questions from the public on religious topics. Now the General Authority of Islamic Affairs and Endowments (Awqaf) has submitted a draft of new legislation for Cabinet approval. The bill would create a high committee consisting of qualified religious scholars-- particularly from the Maliki school of Islamic jurisprudence--drawn from all seven emirates. They would set federal fatwa policies, and would decide on a single federal position on major religious issues. The proposed law would also regulate those who are qualified to issue religious edicts. Proponents of the law are concerned about the confusion created by the present situation, and the promulgation of radical fatwas that do not represent the core of authentic Islam.

Recent Articles of Interest

From SSRN:

• Patrick McKinley Brennan, Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale Per Controversialius, (Villanova Law Review, Forthcoming).


• Calvin R. Massey, Church Schisms, Church Property, and Civil Authority, (March 26, 2009).


• Prakash Shah, Transnational Hindu Law Adoptions: Recognition and Treatment in Britain, (International Journal of Law in Context, Vol. 5, No. 2, 2009).


• Paul Horwitz, Demographics and Distrust: The Eleventh Circuit on Graduation Prayer in Adler v. Duval County, (University of Miami Law Review, 2009).


• Kenneth George Leonczyk, RLUIPA and Eminent Domain: How a Plain Reading of a Flawed Statute Creates an Absurd Result, (Texas Review of Law & Politics, Vol. 13, 2009).

From SmartCILP:

• Martha C. Franks, Water, Theology, and the New Mexico Water Code, 48 Natural Resources Journal 227-244 (2008).


• Mark Strasser, State Funding of Devotional Studies: A Failed Jurisprudence That Has Lost Its Moorings, 11 Journal of Law & Family Studies 1-34 (2008).


• Kelly S. Terry, Shifting Out of Neutral: Intelligent Design and the Road to Nonpreferentialism, 18 Boston University Public Interest Law Journal 67-117 (2008).


• Essays From the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born. Introduction by Sheila F. Miller; articles by Howard F. Chang, Bruno G. Romero and Karen Denise Bradley. 34 University of Dayton Law Review 1-46 (2008).

Surprise Nominee For Civil Rights Division Head Likely To Face Some Opposition

Last week, President Obama sent to the Senate the name of Thomas Perez to serve as Assistant Attorney General for the Civil Rights Division of Justice Department. Today's Los Angeles Times says that Perez, who is currently secretary of Maryland's Department of Labor, Licensing and Regulation, will face opposition in his confirmation hearings. (Biographical information.) However approval of Perez's nomination is expected. The Perez choice came as a surprise after Obama decided not to appoint Thomas Saenz, an advisor to Los Angeles Mayor Antonio Villaraigosa, in order to avoid a confirmation fight over immigration issues. (See prior posting.) That decision has caused concern among advocates of immigration reform. (LA Weekly.)

Teacher Has Immunity In Student's Religious Discrimination Claim

In C.H. v. Rankin County School District, 2009 U.S. Dist. LEXIS 26719 (SD MS, March 30, 2009), parents of a high schooler filed suit alleging, among other things, that their son was discriminated against because of his religion. The instructor and director of an auto body class prohibited the student from returning to class when, after a suspension for alleged harassing behavior, he refused to go to counselling, saying "he only needed God and his father." Also the student and his father refused on religious grounds to sign an instructor-student classroom/lab contract, which outlined expected behavior. A Mississippi federal district court held that even if there was a constitutional violation, defendants had qualified immunity in the damage claim against them because it was not a clearly established constitutional violation.

Recently Available Prisoner Free Exercise Cases

In Harper v. Beard, 2009 U.S. Dist. LEXIS 25129 (MD PA, March 25, 2009), a Pennsylvania federal district court accepted a magistrate's recommendation to dismiss a prisoner's claim that his 1st Amendment rights were violated when authorities deprived him of a Bible. The magistrate's recommendation is available at 2009 U.S. Dist. LEXIS 30604 (Jan. 13, 2009).

In Wright v. Veda, 2009 U.S. Dist. LEXIS 24828 (ED MI, March 25, 2009), a Michigan federal district court rejected an inmate's claim that his free exercise rights were violated when his religious books were lost after shipment between prison facilities.

In Walls v. Schriro, 2008 U.S. Dist. LEXIS 108112 (D AZ, June 16, 2008), an Arizona federal district court rejected plaintiff's RLUIPA and 1st Amendment claims objecting to the denial of customized Hare Krishna meals. However the court ordered prison authorities to permit plaintiff to wear his sikha hairstyle. Damages however were denied. (See prior related posting.)

In Coble v. Butler, 2009 U.S. Dist. LEXIS 25361 (D AZ, March 18, 2009), an Arizona federal district court rejected plaintiff's claim that his free exercise rights were infringed when jail officials interfered with mail to and from his pastor.

In Junaid v. Kempker, 2009 U.S. Dist. LEXIS 25940 (ED MO, march 27, 2009), a Missouri federal district court rejected a Muslim inmate's complaints that he was denied Halal food; that members of other religious groups could not attend Muslim services; that he could not wear his religious headgear except during religious services; that the Muslim group was barred from holding religious classes and conducting fundraisers; that the prison discriminated in the hiring of chaplains; and that officials refused to accept money mailed to him because it only contained his legally-changed name.

In Henny v. Harvey, 2009 U.S. Dist. LEXIS 25977 (WD VA, March 27, 2009), a Virginia federal district court rejected plaintiff's 1st Amendment and RLUIPA claims. Plaintiff objected to officials' failure to separate NOI's Friday "Jumah" service from the Sunni Muslims' prayer service, objected to cancellation of Jumah services held in the gymnasium, and complained about pork-flavored foods served as part of the Muslim religious diet.

In Anderson v. Raemisch, 2009 U.S. Dist. LEXIS 25657 a federal district court gave a Jewish prisoner two weeks to supplement his complaint to clarify what religious materials and services he was allegedly being denied in Transition Phase status after administrative segregation.

In Thorne v. Hale, 2009 U.S. Dist. LEXIS 25938 (ED VA, March 26, 2009), a Virginia federal district court permitted plaintiff to move ahead with his claim against directors of the state's drug court program alleging that they were responsible for his entering a plea agreement in which he was required to attend religious-based AA and NA programs, and was refused permission to attend a drug treatment program more consistent with his religious beliefs.

In Harrison v. Watts, 2009 U.S. Dist. LEXIS 26009 (ED VA, March 26, 2009), a Virginia federal district court refused to grant a motion for reconsideration and held that the Nation of Gods on Earth organization is not a religion. The court thus rejected plaintiff's attempt to have NOGE treated on the same basis as other faith-based groups in prison.

In Hayes v. Tennessee, 2009 U.S. Dist. LEXIS 26411 (ED TN, March 31, 2009), a Tennessee federal district court rejected a prisoner's claim that the Christian Identity Faith should be recognized as a legitimate religion, that he be allowed to receive literature concerning his faith, and that the Department of Corrections be enjoined from adopting unconstitutional Security Threat Group criteria.

Israel's High Court Issues Injunction Pending Decision on Immigration Case

Jerusalem Post reports today that Israel's High Court has issued an injunction allowing an immigrant from Italy to remain in the country while the court considers her appeal of denial of her citizenship application under the Law of Return. The woman was converted to Judaism by an Orthodox Rabbinical Court in Rome and then almost immediately came to Israel. Six months ago, she married an Orthodox man (a kashrut supervisor), with approval of Israel's Chief Rabbinate. Now however, Interior Ministry officials refuse to recognize her as Jewish and have denied her citizenship application under their rules that require converts to remain in the community where they converted for at least nine months after conversion. Those who come sooner are required to go through a lengthy process to prove that they are Jewish. The rules were designed to prevent sham conversions by those wishing to emigrate for economic reasons. The rules also work to keep out those converted by the Conservative and Reform movements abroad.

Rabbi Andy Sacks, director of the Masorti (Conservative) Movement's Rabbinical Assembly in Israel, commenting on the case, said: "we are in an absurd situation in which clerks and bureaucrats are getting involved in halachic [Jewish legal] decisions, and they are reaching more stringent conclusions than the rabbis."

Flogging Video Undermines Arrangements For Islamic Law In Part of Pakistan

In February, the government of Pakistan entered a tentative agreement with the Taliban that are in effective control of the Swat Valley to set up a new judicial structure in the nearby Malakand region of the North West Frontier Province. The arrangement would permit cases to be adjudicated according to Islamic law. (See prior posting.) Now, according to AP and The News, the government is under renewed pressure from human rights advocates not to sign the bill formally implementing the arrangement in light of a graphic video that has surfaced showing the public flogging of a screaming 17-year old girl. AP reports:

Muslim Khan, spokesman for the Swat Taliban, said the militants publicly flogged a woman nine months ago over allegations that she had an illicit relationship with her father-in-law, but he was not sure if the video showed that incident. He defended the punishment, although he said it should not have been done in public and should have been carried out by a boy who had not yet reached puberty.

Yesterday Pakistan's Chief Justice Iftikhar Muhammad Chaudhry opened an investigation into the incident, ordering the interior secretary to appear before the court and instructing security officials to produce the victim in the Supreme Court in time for an April 6 hearing.

California Supreme Court Refuses To Answer Certified Questions From 9th Circuit

Last year, in Barnes-Wallace v. Boy Scouts of America, the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in a case challenging constitutionality of the City of San Diego's leasing city property, at nominal rents, to the Boy Scouts. (See prior posting.) The issues posed by the certified questions could have been a basis for the court to decide the case on state rather than federal Constitutional grounds. At issue is whether the lease violated state free exercise protections or the "no aid" provision of California's Constitution. The Scouts require members to affirm a belief in God. (See prior posting.) The full 9th Circuit denied en banc review of the case, but 6 dissenters argued that plaintiffs lacked standing. (See prior posting.) Now, in an unusual move the California Supreme Court has denied the 9th Circuit's request that it decide the questions of law certified to it. (Conference Results, 4/1/2009). Yesterday's Los Angeles Metropolitan News-Enterprise reports on the action.

U.S. Senate Defeats Health Care Providers' Conscience Amendment

On Thursday, the U.S. Senate defeated a Budget Bill amendment offered by Sen. Tom Coburn. The amendment, defeated by a vote of 41-56, would have banned discrimination against health care providers who refuse on grounds of conscience to "participate in specific surgical or medical procedures or prescribe certain pharmaceuticals." It would have also prohibited coercion of patients to enroll in specific health care plans. The defeat clears the way for the Department of Health and Human Services to move ahead with its announced plans to propose repeal of the conscience regulations covering health care workers adopted in the final days of the Bush administration. Catholic News Agency reports that 16 of the 25 Catholic Senators voting on the amendment voted against it.

Russia Sets Up Experts Council To Guide Courts On Religion Issues

Russia's Justice Ministry has set up an Experts Council to provide guidance on religious matters to Russia's courts and other governmental bodies. It includes representatives of Russia's four "traditional" religions-- Russian Orthodoxy, Islam, Judaism, and Buddhism. It also includes civil specialists on church and state issues, on new religious movements and on "pseudo-religious criminal and extremist structures." Georgian Daily reports:

The council was mandated by a federal law adopted in July 2008 and formed by a decree of the justice ministry in February. Its tasks include, first, it is to provide "a definition of the religious character of organizations on the basis of their constituent documents and reports about their faith and corresponding practice." Second, the council is responsible "checking and assessing the reliability of information contained in documents offered by any religious organization." And third, it is charged with evaluating whether what the religious group declares to the government that it believes and is doing in fact corresponds to reality.

The Council met for the first time yesterday and chose Aleksandr Dvorkin as its chair. Georgian Daily says this signals acceptance of Orthodox Patriarch Kirill's views that only the four traditional faiths should be supported. Dvorkin is known for his attacks on Catholics, Evangelical Protestants, Mormons and other non-traditional religious groups.

County Settles Religious Harassment Lawsuit

Today's Craig (CO) Daily Press reports that the Moffat County (CO) Commission agreed last Tuesday to settle for $15,000 a lawsuit filed by a former employee who charges that she was subjected to religious harassment by his supervisor in the Parks and Recreation Department. Plaintiff Penny Doolin claims that her direct supervisor, Tammy Seela, questioned her "in an aggressive manner" about her religious practices and beliefs. Seela says she was fired by the county Human Resources Director after complaining about the situation. The county denies any wrongdoing, but says it is settling on the recommendation of its insurance company.

Court Bars Illinois Enforcement of Pharmacy Rule Pending Trial

Last December, in Morr-Fitz, Inc. v. Blagojevich, (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court held that two pharmacists and 3 corporations that own pharmacies had stated a justiciable challenge to a State Board of Pharmacy rule (68 Ill. Adm. Code §1330.91(j)) that requires them to dispense the "morning after pill." (See prior posting.) After reaching this conclusion, it remanded the case to the trial court. Yesterday, according to the Springfield (IL) State Journal-Register, the Sangamon County Circuit Court granted a temporary restraining order to prevent the Illinois Department of Financial and Professional Regulation from enforcing the rule against the two pharmacists while the case is being heard. Plaintiffs claim that the administrative rule violates the Illinois Health Care Right of Conscience Act, as well as plaintiffs' 1st Amendment rights. The state contends that the pharmacists are not covered by the Right of Conscience Act. Meanwhile, it is unclear whether the state will also cease enforcing the rule against other pharmacists during the pendency of this challenge.

Historic Landmark Limits Are Not Substantial Burden Under RLUIPA

In Trinity Evangelical Lutheran Church v. City of Peoria, Illinois, (CD IL, March 31, 2009), an Illinois federal district court rejected a church's RLUIPA claim. The Church, some years ago, purchased an adjacent building which was subsequently designated as an historic landmark. Now the city refuses to permit the Church to tear down the building to build a Family Life Center. The court held that the limitations on tearing down or renovating the building because of its historic status do not constitute a substantial burden on the Church's exercise of religion. Law of the Land blog reported on the case yesterday. [Thanks to Bob Tuttle for the lead.]

Iowa Supreme Court Invalidates Ban On Same-Sex Marriage

Today Iowa joined Connecticut and Massachusetts in recognizing same-sex marriage. In Varnum v. Brien, (IA Sup. Ct., April 3, 2009), the Iowa Supreme Court held that the Iowa statute (IC Sec. 595.2) that limits marriage to unions between opposite-sex partners violates the equal protection clause of the Iowa Constitution (Art. I, Sec. 6). Conducting a lengthy analysis of equal protection precedent, the court concluded that "legislative classifications based on sexual orientation must be examined under a heightened level of scrutiny...." Finding that the same-sex marriage ban cannot survive intermediate scrutiny, the court did not need to decide whether a strict scrutiny analysis should be applied instead. Near the end of its opinion, the Court focused on the question of religious opposition to gay marriage:

[We] give respect to the views of all Iowans on the issue of same-sex marriage—religious or otherwise—by giving respect to our constitutional principles. These principles require that the state recognize both opposite-sex and same-sex civil marriage. Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views.
A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person’s religious faith does not lose its meaning as a sacrament or other religious institution. The sanctity of all religious marriages celebrated in the future will have the same meaning as those celebrated in the past. The only difference is civil marriage will now take on a new meaning that reflects a more complete understanding of equal protection of the law. This result is what our constitution requires.

New York Times reports on the decision. Americans United issued a release praising the decision and saying it "has reaffirmed religious liberty." On the other hand, a release from the Traditional Values Coalition complains about judicial activism and warns of possible losses and mandates that it says could be imposed on religious groups.

Air Force Officer Cleared In Inspirational E-mail Investigation

Stars and Stripes reported Wednesday that the Air Force has cleared Col. Kimberly Toney of violating Air force policy requiring religious neutrality. Toney sent an e-mail to thousands of personnel in her 501st Combat Support Wing in Europe urging them to view an inspirational video on Catholic website. (See prior posting.) In closing the investigation last Monday, an Air Force spokesman said: "After a thorough consideration of the facts, the Third Air Force has concluded Colonel Toney acted inadvertently and unintentionally and did not willfully violate Air Force policy or (Equal Employment Opportunity) guidelines." [Thanks to Christian Fighteer Pilot for the lead.]

Judges Nominated For 4th and 2nd Circuit Vacancies

Yesterday the White House announced that nominations for two vacant circuit judgeships have been submitted to the Senate. AP, reporting on the nominations, says that there are currently 17 vacancies on federal appeals courts.

Maryland U.S. District Court Judge Andre M. Davis has been nominated by President Obama for the 4th Circuit Court of Appeals. In 2000, Davis had been nominated by President Clinton for the 4th Circuit, but the Senate did not consider the nomination prior to Clinton's leaving office.

In 2000, Judge Davis decided Concerned Citizens of Carderock v. Hubbard, 84 F. Supp. 2d 668 (SDNY, 2000) [LEXIS link], holding that a Montgomery County, Maryland zoning ordinance did not violate the Establishment Clause. In the case, homeowners challenged the grant of a building permit to a synagogue, arguing that a zoning provision permitting "churches . . . and other places of worship" in areas zoned for single-family residences, but not allowing charitable institutions or private clubs there, amounts to an endorsement of religion. Judge Davis wrote: "the operative characteristic in the Ordinance is not religion, non-religion or any particular system of beliefs, but the County Council's reasonable, and thus legitimate, judgment about presumed compatibility with single family residential use."

New York U.S. District Court Judge Gerard E. Lynch has been nominated for the 2nd Circuit Court of Appeals. From 1992-97, Lynch served as vice-dean of Columbia Law School. Judge Lynch's decisions include two in which he ruled against complaints from Muslim prisoners.

In Pugh v. Goord, 184 F. Supp. 2d 326 (SD NY, 2001) [Lexis link], Lynch denied a preliminary injunction and dismissed claims brought by Shi'ite Muslim inmates who wanted to be able to hold services separate from Sunni Muslim prisoners. However the judgment was vacated and the case remanded by the Second Circuit on the ground that plaintiffs did not have notice that the court was considering entirely dismissing the case. (Pugh v. Goord, 345 F.3d 121 (2d Cir., 2003) [Lexis link].

In Jones v. Goord, 435 F. Supp. 2d 221 (SD NY, 2006) [Lexis link], inmates objected to New York's administration of a program for double-celling in maximum-security prisons. Part of the claim was on behalf of Muslim prisoners who argued that double-celling prevents them from practicing their religion. There is not enough room to pray in a double cell, a cellmate may render a cell unclean and therefore unfit for prayer, certain prayers and rituals require solitude, and the morning call to prayer could disturb a sleeping cellmate. Judge Lynch wrote: "plaintiffs offer no alternative solution that would accommodate their religious needs, nor do they attempt to explain how the requested exemption could be applied without compromising the legitimate penological interest in distributing the burden of double-celling equally among prisoners."

Files On Clergy Sexual Abuse Ordered Released, Implementing Settlement

Implementing a 2006 settlement with 25 victims in a clergy sexual abuse case, yesterday a Los Angeles Superior Court judge ordered the Franciscans to release hundreds of pages of personnel files and other documents. AP reports that Judge Peter D. Lichtman ordered the release to be made within 21 days, after ruling on specific documents where objections to public release were raised. It is expected that the documents will reveal when the Catholic order learned of the alleged abuse and how it dealt with those accused.

UPDATE: According to an April 30 report by Canadian Press, the the Franciscan Friars of California Inc. have filed an appeal of the order to release these documents.

Lighted Cross On City Fire Tower Is Center of Dispute

In Reading, Pennsylvania, for at least 50 years the city has displayed a large lighted cross on the city-owned Fire Tower during the Easter season, and a lighted star at Christmas. Now, according to reports in the Reading Eagle and WPVI News, the ACLU and the Appignani Humanist Legal Center wrote the city's mayor threatening to sue if the light grid was turned on this year. (WMVZ has links to the full text of 2 letters sent by AHLC.) Mayor Tom McMahon, nevertheless, continued the decades-old tradition this year, lighting up the cross Feb. 26 at the beginning of Lent. It will remain on until Easter. However, McMahon has asked city attorneys to look into leasing the Fire Tower to a private group that oversaw its renovation a few years ago, or selling it to the group for a nominal amount with a right of first refusal for the city to buy it back if it is ever sold. He thinks this might prevent an Establishment Clause challenge to the display, though he in not sure whether City Council would support the move.

Suit Against FAA By Employee Disciplined for Remarks About Gays Is Settled

A settlement stipulation (full text) has been filed with a Georgia federal district court in Dombrowski v. Federal Aviation Administration. The lawsuit, originally filed in 2006, alleges that the FAA violated a supervisory employee's speech, equal protection and due process rights, as well as his rights under the Religious Freedom Restoration Act, when it suspended plaintiff without pay for 10 days because of conversations he had with non-supervisory employees about religious denominations and about his views on homosexuality. His notice of suspension said that he expressed views, including stereotypes, inappropriate for the workplace. (Full text of complaint.) The settlement agreement calls for the FAA to distribute to all employees in its regional office a copy of Guidelines on Religious Exercise and Expression in the Workplace, originally issued by the White House in 1997. The FAA will also amend plaintiff's attendance records and will pay $9000 in attorneys fees for plaintiff. Alliance Defense Fund issued a release yesterday announcing the settlement.

Some Allegations Are Struck In Sex Abuse Suits Against Diocese

In four decisions on motions to strike portions of the pleadings in pending sexual abuse lawsuits against the Hartford Catholic Diocese, a Connecticut trial court has concluded that most of the allegations can be decided by applying neutral tort principles. The suits seek to hold the Diocese responsible for abuse carried out by two priests. However the court agreed with defendant that ruling on several of the allegations of negligence would involve a constitutionally impermissible examination of internal church governance and clergy employment decisions.

The court struck allegations that the Diocese failed to adequately evaluate the mental fitness of the abusers to serve as Catholic priests and that it induced the Catholic faithful to entrust their children's moral and spiritual well being and safety to priests and then failed to protect the children from sexual abuse. The court said that these claims would require the it to delve into Church doctrine or religious practices. The court also concluded that one child does not have a cause of action based on the Diocese's failure to report suspected abuse of another child. The cases, all decided by the Waterbury (CT) Superior Court on Feb. 24, 2009 are: Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 575; Cerninka v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 581; Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 560; and Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 590.

Court Enjoins Georgia's Ban on Sex Offenders As Church Volunteers

In Whitaker v. Perdue, (ND GA, March 30, 2009), a Georgia federal district court issued a preliminary injunction to prevent enforcement of provisions in Georgia's sex offender law to the extent that it restricts registered sex offenders from engaging in volunteer activities at churches. The court found that the prohibition in O.C.G.A. § 42-1-15(c)(1) against registered sex offenders being employed by or volunteering at any church is unconstitutionally vague. In particular, there is substantial confusion over what type of participation in church activities turns the individual into a "volunteer" under the statute. In deciding to grant the preliminary injunction, the court said that allowing registered sex offenders "to participate in their faith communities will further public safety by providing support, stability, and a grounded sense of right and wrong. Both the Board of Pardons and Paroles and the GDC recognize that encouraging people to be involved with faith-based programs will reduce recidivism."

Other portions of the court's 39-page opinion dealt with class certification and refused to dismiss plaintiffs' takings clause claims. Yesterday's Gainesville (GA) Times reported on the decision.

Ismaili Muslims Not A "Race" Under Section 1981

In Wilson v. Pepsi Bottling Group, (ND GA, March 30, 2009), a Georgia federal district court held that 42 USC Sec. 1981 was not violated when an association of convenience store owners limited its membership to Ismaili Muslims. Section 1981, enacted in the post-Civil War period, applies to racial discrimination in making or enforcing contracts. The court concluded that at the time of the enactment of Section 1981, Ismaili Muslims would not have been considered a separate race. Nor did plaintiffs prove that only Caucasian non-Ismalis were excluded. Convenience Store News reported on the decision yesterday.

Prayer At Community Policing Meetings Did Not Violate Establishment Clause

The Chicago (IL) police force, as part of its community policing efforts, holds regular "beat meetings" between police officers and community members in various neighborhoods so police and citizens can exchange information and discuss crime problems. In Kaplan v. City of Chicago, 2009 U.S. Dist. LEXIS 25573 (ND IL, March 27, 2009), a former police officer complained that beat meetings she attended opened and closed with Christian prayers. An Illinois federal district court rejected her Establishment Clause challenge on a variety of grounds. It held that plaintiff failed to show that the prayers resulted from "state action" rather than the initiative of community members. She did not show that she was coerced to participate in the prayer or the meetings. Nor did she show that the police department endorsed, rather than merely tolerated, the prayer. Finally the court held that her suit against the city required her to show a municipal policy or custom leading to a Constitutional violation. The court also rejected plaintiff's Title VII claim. She had alleged that her removal from assignments to beat meetings because of her objections was an adverse employment action due to religious discrimination.

Consent Decrees Entered In EEOC Cases On Behalf of Muslim Workers

TMC News yesterday reported that a a Minnesota federal magistrate judge has given final approval to consent decrees settling two related cases involving failure to accommodate religous needs of Muslim workers employed by, or seeking employment with, a chicken producer with plants in Minnesota and Wisconsin. The settlement in EEOC v. Gold'n Plump Poultry, Inc., requires the company to add a paid break during the second half of each shift to accommodate Muslim employees who wish to pray in the course of the work day. The timing of the break will fluctuate during the year to coordinate with the required time for Muslim prayer, but all workers, regardless of religion, will be entitled to the break. Gold'n Plump will also pay damages totalling $215,000 to 128 Somali American Muslims who complained that they were disciplined or discharged for practicing their religion.

In the second case (EEOC v. The Work Connection) brought against an employment agency that recruited workers for Gold'n Plump, the consent decree requires an end to the practice of requiring applicants to sign a form stating that they will not refuse to handle pork products in the course of their work. Some 28 applicants previously turned away for refusing to sign the form will now be offered positions at Gold'n Plump, and they will share in a damage award totalling $150,000.

5th Circuit Hears Arguments On Santeria Slaughter Ban

Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Merced v. City of Euless (recording of full arguments). In the case, a Texas federal district court upheld a decision by the the City of Euless to deny Jose Merced a permit to sacrifice a goat. The animal slaughter was to be part of a Santeria religious ceremony. (See prior posting.) AP and a release from Becket Fund reported on the oral arguments. Becket Fund's Eric Rassbach, representing Merced, argued: "If Euless permits animal killing for hunting, fishing, meat production, pest control and euthanasia, it cannot ban it for religious reasons." The Becket Fund release also links to all the parties' briefs in the case.

Arizona Trespass Conviction Challenges Authority of Utah To Reform FLDS Trust

Yesterday's Deseret News reports on new legal complications in the ongoing attempt by a Utah court to restructure the United Effort Plan Trust that owns the land and homes of Fundamentalist LDS Church members in Colorado City, AZ and Hildale, UT. (See prior posting.) Isaac Wyler, who continues to live in Colorado City, is an employee of court-appointed trustee, Bruce Wisan. Wyler has posted eviction and tax notices on UEP-owned homes and is trying, at Wisan's request, to get FLDS members to sign occupancy agreements. Last month, a Mohave County Arizona judge convicted Wyler on two counts of criminal trespass for entering some of the homes without permission of their residents. It rejected Wyler's defense that he was acting under authority of a Utah court order. On Monday, the judge imposed a suspended 10-day jail sentence, two years probation and a fine of $400 on Wyler. The arrest of Wyler by the Colorado City Town Marshall reflects the decision last year by members of the polygamous FLDS Church to begin to challenge actions to reform the UEP Trust, instead of ignoring the Utah court proceedings as they had done since 2005. (See prior posting.)

Court Says Curfew Law Infringes Free Exercise, Speech Rights

In State of Idaho v. Doe, (ID Ct. App., March 31, 2009), an Idaho appellate court held that Wendell, Idaho's juvenile curfew ordinance is unconstitutionally overbroad. Upholding a facial challenge to the law, the court said that:

by restricting minors' access to all public places during curfew hours, the ordinance severely inhibits the ability of minors to exercise their First Amendment rights for one-quarter of the day.... [They] are precluded from attending midnight church services unless accompanied by a parent or guardian or in possession of a permission slip. They cannot participate in City Council meetings that run late, political caucuses, or general gatherings related to political and social opinions. A minor's freedom of speech, freedom of religion, and freedom of association are all curtailed by the curfew ordinance.

AP reports on the decision.

Recent Prisoner Free Exercise Cases

In Thompson v. Williams, (9th Cir., March 26, 2009), the 9th Circuit rejected a prisoner's free exercise, RLUIPA and equal protection challenges to authorities' refusal to provide him with a Halal, or in the alternative a kosher, diet.

In Daly v. Davis, 2009 U.S. App. LEXIS 6222 (7th Cir., March 25, 2009), the 7th Circuit held that a prisoner's religious exercise was not substantially burdened when he was suspended for a month from the kosher food program after he violated program rules by eating non-kosher food and bartering his kosher food tray for a non-kosher tray.

In Cromer v. Braman, 2009 U.S. Dist. LEXIS 23901 (WD MI, March 25, 2009), a Michigan federal district court rejected a challenge to various actions taken against an inmate because he was a member of "Nation of Gods and Earths" which is classified by prison authorities as a security threat group. Plaintiff claimed that these actions discriminated against him as a member of Nation of Islam.

In Logan v. Lockett, 2009 U.S. Dist. LEXIS 24328 (WD PA, March 25, 2009), a Pennsylvania federal district court rejected an inmate's claim that his rights were infringed when he was excluded from participation in the Ramadan fast and subsequent communal meal with other inmates. The court first held that monetary damages are unavailable under RLUIPA in suits against prison officials in either their official or personal capacities. It also rejected his RLUIPA and 1st Amendment claims, finding that his exclusion stemmed from his disagreement with the teachings of the Imam who led the Muslim congregation at the prison.

In Roby v. Stewart, 2009 U.S. Dist. LEXIS 24413 (ND CA, March 16, 2009), a California federal district court dismissed for failure to exhaust administrative remedies a complaint by a prisoner that his free exercise rights were infringed when authorities double-celled him with an Evangelical Christian who posed a threat and ultimately attacked him because he was a Satanist.

In Cary v. McNeil, 2009 U.S. Dist. LEXIS 23621 (ND FL, March 6, 2009), a Florida federal magistrate judge instructed a pro se plaintiff to file an amended complaint presenting more facts about his claims, including his claim regarding denial of a diet that complies with his religious needs.

In Portune v. Ornoski, 2009 U.S. Dist. LEXIS 24465 (ND CA, March 13, 2009), a California federal district court rejected a prisoner's complaint that he was denied parole because of his refusal to participate in a Narcotics Anonymous program that he said violated his religious beliefs. The court found that the parole board also considered whether he participated in an equivalent drug rehabilitation program.

US Will Seek Seat on UN Human Rights Council

In a statement yesterday, the U.S. State Department announced that the United States this year will run for a seat on the United Nations Human Rights Council. Describing the decision as part of the Obama administration's "new era of engagement", the U.S. said that it can make the Council more effective by working from within. The Bush administration refused to seek a seat, believing that there were insufficient safeguards to prevent countries with human rights violations from becoming members. (See prior posting.) Politico reports on the new policy. Anti-Defamation League expressed concern about the U.S. decision, saying: "Since its inception in 2006, the HRC has virtually ignored the major human rights violations of our times and instead has repeated the entrenched, institutionalized anti-Israeli bias of its predecessor.... We hope the U.S. will be vociferous in its representations against the one-sided anti-Israel pronouncements and can be a force for change within the body."

Court Rejects Jewish Man's Anti-Muslim Conspiracy Charges

In Hummasti v. Ali, 2009 U.S. Dist. LEXIS 25433 (D OR, March 23, 2009), an Oregon federal district court rejected, largely for lack of evidence, a rather outlandish set of RICO, conspiracy and discrimination allegations by a former Portland State University student who was operating an unlicensed food kiosk outside the courthouse in Portland, Oregon. Filing the lawsuit pro se, John Hummasti, who is Jewish, alleged, among other things, that the county health inspector who told him he needed a license for his food kiosk was attempting to impose Islamic law on him and was conspiring to prevent him from collecting charity for the Jewish community in Portland. He alleged that various Islamic groups in Portland had conspired to deny him the right of free speech on public campuses, and that police officers violated his 1st Amendment rights when they arrested him for assaulting a Muslim man who was stopped at a red light near where Hummasti was carrying signs opposing Islamic terrorism in Gaza.

Air Force Institutes Scholarship Program To Train Chaplains

The Air Force has announced the creation of a new religious professional scholarship program, designed to train chaplains in faiths where, at any particular time, there is a shortage of Air Force chaplains Air Force Link reported Monday that the program is open to any commissioned officer or anyone currently enrolled in a commissioning program, such as the Air Force Academy or ROTC. Scholarship recipients will receive tuition grants (presumably for their theological studies), plus stipends to cover certain fees or expenses as determined by Air Force Institute of Technology officials, who are in charge of the academic portion of the program. Scholarship recipients will be required to serve for 8 years. Craig W. Duehring, assistant secretary of the Air Force for manpower and reserve affairs, said: "This program is a huge step forward in providing qualified chaplains for the Air Force." Currently there is a shortage of Catholic chaplains.

Former NFL Coach Invited Onto President's Faith-Based Council

Yesterday's Muncie (IN) Star Press reports that President Barack Obama has invited former NFL Indianapolis Colts coach Tony Dungy to serve as a member of the Advisory Council on Faith-Based and Neighborhood Partnerships. Dungy, author of two books focusing on Christian values, has been in involved with numerous charitable causes. Americans United however issued a press release opposing his selection, saying that Dungy "has well-known ties with intolerant Religious Right groups." It particularly focused on his remarks "at a fund-raising dinner for the Indiana Family Institute, a James Dobson-affiliated group that opposes gay rights, reproductive rights and separation of church and state." (See prior related posting.)

Court Accepts Plea Deal With "Resurrection Clause" In It

Yesterday's Baltimore Sun reports on an odd plea agreement entered by 22-year old Ria Ramkissoon, a member of a religious cult called 1 Mind Ministries. The cult's leader, Queen Antoinette, is accused of ordering cult members, including Ramkissoon, to withhold food and water from Ramkissoon's 2-year old son, Javon. This led to Javon's death. Antoinette believed that Javon was a demon because he did not say Amen after he was fed. Under her plea agreement, in exchange for testifying against other cult members Ramkissoon's 20 year sentence will be reduced to time already served plus 5 years' probation (plus two 8-hour deprogramming sessions). The unusual added clause however is one that provides charges will be dropped if Javon is resurrected-- as the Ramkissoon believes he will. Prosecutors say the clause stipulates a "Jesus-like resurrection, which is distinguished from a reincarnation" as an animal or object.

School Agency's Creationism Neutrality Does Not Violate Establishment Clause

In Comer v. Scott, (WD TX, March 31, 2009), a Texas federal district court rejected an Establishment Clause challenge to a policy of the Texas Education Agency that required its Director of Science to remain publicly neutral regarding the teaching of creationism. The Director, Christina Comer, was fired for forwarding to two listservs and seven science educators an announcement about an anti-Creationism talk that was being presented in Austin. The court emphasized that the Texas Education Agency supports the elected State Board of Education as the Board develops curriculum, and Agency employees are prohibited from taking sides on issues that the Board must resolve. The court concluded that the neutrality policy does not advance religion and therefore does not violate the Establishment Clause. It rejected Comer's argument that the neutrality policy amounted to the Agency's unconstitutionally treating religion like science. The Dallas Morning News reported on the decision yesterday. (See prior related posting.)

Illinois Break Away Episcopal Diocese Files Declaratory Judgment Action

The Diocese of Quincy (IL) which last year broke from the Episcopal Church and affiliated with the Anglican Province of the Southern Cone has filed a declaratory judgment action in Illinois state court to clarify its rights to hold and manage diocese endowment funds. Virtue Online reported yesterday that the filing of the suit this week followed a January letter claiming those funds written by the Episcopal Church to the bank holding the endowments. Some of the churches in the Quincy Diocese have remained loyal to the Episcopal Church and are forming a new diocese.

India Supreme Court Rejects Muslim Student's Challenge To Grooming Rule

India's Supreme Court on Monday rejected a challenge by a Muslim high school student to school rules that require him to shave his beard. The National and UCANews yesterday reported on the decision that permits a Catholic school, the Nirmala Convent Higher Secondary School, to enforce its grooming policy. Sixteen year old Mohammad Salim claimed that the ban violates his constitutionally protected right to practice his religion. He also argued unequal treatment since Sikh students are permitted to wear beards and turbans. Justice Markandey Katju said: "We should strike a balance between rights and personal beliefs." He also added: "We don’t want to have Taliban in the country. Tomorrow a girl student may come and say that she wants to wear a burqa [in the school] – can we allow that?"

President Signs Law Extending Foreign Religious Worker Program To Sept. 29

On March 20, President Obama signed H.R. 1127, a bill that makes "SR visas" under the special immigrant non-minister religious worker program available to aliens seeking to enter the U.S. before September 30, 2009. Under prior law the program had expired March 6. The State Department's website reports on the signing. Last December, the Department of Homeland Security amended regulations implementing the program. (See prior posting.) [Thanks to Josh Gerstein's Blog for the lead.]

Paper Says Catholic Church Knew of Priest Abuse Problem Earlier Than Previously Thought

National Catholic Reporter yesterday ran a long article disclosing that:

decades before the clergy sexual-abuse crisis broke publicly across the U.S. Catholic landscape, the founder of a religious order that dealt regularly with priest sex abusers was so convinced of their inability to change that he searched for an island to purchase with the intent of using it as a place to isolate such offenders....

Fr. Gerald Fitzgerald, founder of the Servants of the Paracletes, an order established in 1947 to deal with problem priests, wrote regularly to bishops in the United States and to Vatican officials, including the pope, of his opinion that many sexual abusers in the priesthood should be laicized immediately. [Full text of letters.]

Ontario Expands Permissible Religious References On Personalized Plates

In Canada, Ontario's Ministry of Transportation announced last week that it was revising its personalized license plate program to permit religious titles to be used on personalized plates. The department says it has been guided by a report of a voluntary advisory panel (full text of report). Instead of the current rules that ban all religious messages, the panel urged the following guidelines:

Positive or neutral expressions of religious beliefs and mythology are permissible; including references to religious celebrations, titles, leaders and symbols. All religions and beliefs are permissible.... Negative, pejorative or derogatory reference to any religion whatsoever are not permitted.... Any meaning implying the superiority or exclusivity of one religion or creed over others or proselytizing statements are prohibited....

Suit On Court Employees' Bible Study Group Settled

Christian Examiner reported yesterday on a settlement in Barlow v. Superior Court of California, a case in which several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. (See prior posting.) The settlement permits employees to resume their Bible study, and San Diego County Superior Court agrees to pay some of plaintiffs' attorney's fees.

Morocco Takes Action Against Shiites, Christians

AFP reported last week that the Moroccan government has begun a campaign to counter activities that are seen as contrary to the "moral and religious values" of Moroccan society. Dozens of people suspected of Shiite sympathies have been arrested. Moroccans largely follow the Malakite school of Sunni Islam. The government is also attacking those calling for greater tolerance of homosexuality.

According to Earth Times yesterday, the government campaign has now spread to countering Christian activities. Four Christian missionaries (3 Spaniards and a German woman) were expelled from Morocco after it was alleged that they were illegally engaged in Christian proselytizing at a meeting they held in Casablanca on Saturday. However sources close to the missionaries say that only Christians were attending the communion meeting. The actions against Shiites were prompted in part by a broader controversy in the Middle East over a statement made last month by Iranian official, Ali Akbar Nateq-Nouri, who threatened Bahrain's sovereignty by announcing that Bahrain was historically a province of Iran. (New York Times, 3/29.)

Famous Indian Parliamentary Candidate Arrested For Anti-Muslim Speeches

In India, the battle over the candidacy of Varun Sanjay Gandhi, grandson of former Prime Minister Indira Gandhi, continues. Varun Gandhi, a member of the BJP, is a candidate for the lower house of India's Parliament, running from a district in the state of Uttar Pradesh. BBC News reported last week on the March 22 Order of the Election Commission (full text) recommending that Gandhi not be nominated as a candidate because of two speeches he made last month that contained highly derogatory references to the Muslim community. The BJP however continues to support Gandhi as a candidate, saying that the Election Commission was biased and lacked authority to disqualify Gandhi.

Initially two criminal cases were filed against Gandhi, one charging his with violations of India Penal Code 153A (promoting enmity between different groups on ground of religion), 295A (deliberate acts intended to outrage religious feelings), and 505(2) (circulating statements likely to create or promote ill-will between religious groups). The other was brought under Sec. 125 of the Representation of the People Act 1951 (promoting enmity between classes in connection with election). Then on Sunday, according to India.com, additional charges were also filed by the Uttar Pradesh government under the National Security Act. Under that Act, a person arrested can be detained without bail for up to one year. However, he can contest his detention before a 3-person Advisory Board headed by a High Court judge.

Paper Profiles FLDS Ranch One Year After Raid

Yesterday's Deseret News profiles the situation at the FLDS "Yearning For Zion Ranch" in Eldorado, Texas one year after a high-profile raid that temporarily took 439 children from the compound into state custody. Many families on the ranch were polygamous and state authorities argued that the children's safety was in danger. (See prior posting.) The FLDS temple on the ranch is no longer in use, but many families are back. Many children are still feeling the effects of having been temporarily placed in foster homes.

8 Venezuela Police charged In Attack on Caracas Synagogue

AP reported last Thursday that in Venezuela prosecutors filed formal charges against eight police officers and three other people in connection with the January attack on Tifaret Israel synagogue in Caracas. Among those charged is the bodyguard for a rabbi and one of the security guards on duty at the synagogue. Prosecutors have asked the court to approve charges of robbery, "acts of contempt against a religion," and concealing firearms. The attackers destroyed religious objects, spray-painted anti-Semitic slogans and took a computer database with the names and addresses of Jews in Venezuela. Police believe that the attackers were looking for cash to steal. The attack took place shortly after Venezuela's President Hugo Chavez cut off diplomatic ties with Israel over its actions in Gaza. Chavez has condemned the synagogue attack.

Senate Leader Will Repropose Federal Polygamy Task Force

Last Friday, U.S. Senate Majority Leader Harry Reid announced that he would reintroduce legislation this session to set up a federal task force to focus on polygamy-related crime. According to Saturday's Salt Lake Tribune, Reid also said he will urge new Attorney General Eric Holder to take action against crime in polygamous communities. In connection with similar proposals last year by Reid, the Senate Judiciary Committee in July held hearings titled "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response." (Witness list with link to webcast of hearing.) Reid is a Democrat from Nevada and a convert to Mormonism.