Mandatory Premise Registration Violates Free Exercise Rights of Amish Farmer

In State of Wisconsin v. Miller, (WI Cir. Ct., March 10, 2010), a Wisconsin trial court held that the state's livestock premise registration requirements impose an impermissible burden on the religious beliefs of an Old Order Amish farmer who was cited for failure to comply with the registration provisions. Premise registration violated several Amish beliefs, including requirements they remain isolated from the modern world, that they rely on God not the government, and that they avoid the "Mark of the Beast." Relying on the free exercise protections of the Wisconsin Constitution, the court held that the state failed to establish that its interest in animal health cannot be met by alternative means that are less restrictive of farmer Emanuel Miller's free exercise of religion. The court concluded that alternative voluntary record keeping of the purchase, sale and transfer of animals is actually a more reliable alternative than mandatory premise registration. Tuesday's Milwaukee Journal-Sentinel reports on the decision, indicating that the state will probably file an appeal.

Canadian Advocate For Religious Use of Cannabis Profiled

Cannabis Culture yesterday carried a long article about Canadian Chris Bennett who has filed a lawsuit in Canadian federal courts seeking an order to compel the Minister of Justice to issue an exemption from Canada's Controlled Drugs and Substances Act for religious use of cannabis. Alternatively the suit seeks a declaration that the ban on possession and production of marijuana is unconstitutional under Canada's Charter of Rights and Freedoms (Sec. 2, religious freedoms; Sec. 7, liberty and security of the person; and Sec. 15, guaranteeing equality and prohibiting discrimination on the basis of religious belief).

Church's Misrepresentations Do Not Get Former Employee Unemployment Benefits

In Irvine v. St. John's Lutheran Church of Mound, (MN Ct. App., March 9, 2010), a Minnesota appellate court held that a former business administrator of a church was not entitled to unemployment compensation benefits even though the church's employment handbook indicated the church paid unemployment taxes and implied that employees would receive unemployment benefits if they lost their job through no fault of their own. Under Minnesota's statutes, church employees are eligible for unemployment benefits only if the church elects coverage. Here the church did not elect coverage. Incorrect representations to employees regarding coverage are not binding on the state. [Thanks to Chris Duckworth for the lead.]

Religious Land Use Disputes Continue To Arise: Michigan Church, Connecticut Chabad House

Zoning disputes involving religious institutions continue to arise around the country. Here are two recent ones. In Benton Township, Michigan, the Overflow Church wants to move its religious services and community outreach programs into a former Sears store that was donated to the church by the building's owner. Tuesday's Benton Harbor- St. Joseph Herald-Palladium reports on the Planning Commission hearing at which the church asked for a special use permit to allow it to operate in the commercial-zoned area. The owner of nearby Orchard Mall opposes the church's plans, saying the proposed use is not compatible with the mall and adjacent properties. Separately the mall owner is suing the church arguing that a 1978 operating agreement with Sears requires the property to be used for retail purposes.

Meanwhile, in Hartford, Connecticut, a Jewish group, Chabad Chevra, has filed a federal lawsuit claiming that its free exercise, speech, association, equal protection and due process rights and its rights under RLUIPA have been violated by the city's refusal to allow it to use a building it purchased as a Chabad House for religious worship, educational and university student activities and as a residence for its rabbi. The property had previously been used by a Baptist organization, and before that by a Catholic group, for religious purposes. The complaint (full text) in Chabad Chevra LLC v. City of Hartford, Connecticut, (D CT, filed 3/8/2010), charges that the city is burdening plaintiff's religious exercise, favoring nonreligious institutions over religious ones, and in particular is discriminating against proposed university student religious use of the premises. It claims that the city's action is based in large part on "anti-Hasidic animus." Courthouse News reported on the case yesterday. [Thanks to Steven H. Sholk for the lead.]

Faith-Based Advisory Council Report Released

The White House today released the final version of the report of the President's Advisory Council on Faith-Based and Neighborhood Partnerships. (See prior related posting.) The report is titled A New Era of Partnerships. It contains recommendations from each of the six task forces. (Note: The draft made available last month by the Washington Post was not the full report, but only the recommendations of the task force on reform of the faith-based office. See prior posting.)

Britain's Supreme Court Denies Christian Marriage Registrar Permission To Appeal

According to Pink News, the Supreme Court of the United Kingdom on Monday refused permission to appeal the decision in Ladele v. London Borough of Islington. In the case the Court of Appeals of England and Wales agreed with Britain's Employment Appeals Tribunal that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing on religious grounds to register same-sex civil partnerships. (See prior posting.) The Supreme Court said the case did not raise legal issues of "general public importance." Ladele is now considering whether to take her case to the European Court of Human Rights.

Court Rejects Religious Defense To Marijuana Use

In Georgetown, Colorado, a state court judge has rejected Trevor Douglas' free exercise claims and has found him guilty of possessing marijuana and drug paraphernalia, as well as driving an unregistered vehicle. He was assessed a $450 fine and ordered to perform 15 hours of community service. AP reported yesterday that the court found Douglas' beliefs do not rise to the level of a religion. Denver Channel 7 News says that Douglas is a member of the THC (The Hawaii Cannabis) Ministry and the Church of Universal Sacraments. Douglas says: "The religious use of cannabis is mandated by my god, just as wine and bread are used by Christians or peyote used by Indians." He plans to appeal his conviction.

Suit Argues Letter Cursing Police Officer Was Protected Religious Speech

A federal lawsuit filed on Monday claims that Pennsylvania state police and the police department of Media Borough (PA) have a practice of unlawfully prosecuting citizens for protected speech using Pennsylvania’s terroristic threats, harassment, and disorderly conduct statutes. The complaint (full text) in Damato v. Commonwealth of Pennsylvania, (ED PA, file 3/8/2010), contains these interesting allegations:

On October 11, 2008, the Plaintiff received a traffic citation issued by Officer Matthew Bellucci, of the Media Borough Police Department. Thereafter, on October 18, 2008, Officer Bellucci received a letter at his home stating the following: "You will get what's coming to you. God is just, and you will be punished. Fuck you! You are an asshole! A fucking asshole!"

... On or about October 24, 2008 Trooper Gerard B. McShea prepared a sworn Affidavit of Probable Cause causing a criminal summons to be issued against Plaintiff, charging Plaintiff of the crimes of Terroristic Threats, 18 Pa.C.S.A. §2706(a)(1) and Harassment, 18 Pa.C.S.A. §2709(a)(1) and 18 Pa.C.S.A. §2709(a)(6) as a result of mailing the aforementioned letter....

The communication directed to Officer Bellucci was expressing a religious opinion that "You will get what is coming to you. God is just and you will be punished." Such opinion is not a threat, but rather protected religious speech identifying God’s righteousness and willingness to punish.

Plaintiff asks for a declaratory judgment, damages and lawyer's fees. Yesterday's Delaware County (PA) Daily Times reports on the filing of the lawsuit.

6th Circuit: Parochial School Teacher of Secular Subjects Covered By ADA

In EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, (6th Cir., March 9, 2010), the U.S. 6th Circuit Court of Appeals held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act. They are not "ministerial employees" who are excepted from coverage. Only teachers who teach primarily religious subjects or who have a central role in the spiritual or pastoral mission of the church are covered by the ministerial exception. The fact that plaintiff led some religious activities during the day, and that she had the title of commissioned minister do not make her primary duties religious in nature. [Thanks to both Steven H. Sholk and Derek Gaubatz for the lead.]

Final Faith-Based Advisory Council Report Submitted To White House

Yesterday, President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships presented its final report to administration officials. According to IPA:

Over the course of the day, the Council presented its recommendations in key policy areas to senior officials who deal with each of those areas, including: Secretary of Health & Human Services Kathleen Sebelius, USAID Director Raj Shah, White House Domestics Policy Director Melody Barnes, National Security Council Chief of Staff Denis McDonough, and EPA Director Lisa Jackson.

The group concluded the day in a meeting with President Obama who appreciated the Council members’ service and hard work in forging common ground across religious, political and philosophical lines.

The text of one task force report was released in advance last month,[corrected] (see prior posting), as was information on two issues on which the Advisory Council was divided-- whether religious symbols can be present in areas where government-funded programs are offered and whether churches need to form separate corporations to receive federal social service funds (see prior posting). Council Member Melissa Rogers writes at length on the report in yesterday's Washington Post. Meanwhile a coalition of 26 religious and civil rights groups-- the Coalition Against Religious Discrimination-- wrote the President recommending that he adopt the consensus recommendations on reform of the Faith-Based Office, that religious-based hiring in federally funded social service programs be prohibited, and that houses of worship be required to create separate corporations if they seek to provide secular government funded social services.

Pennsylvania Woman Indicted In Conspiracy To Kill Muhammad Cartoonist

According to the New York Times, yesterday federal prosecutors unsealed an indictment (full text) against a Pennsylvania woman who was charged with conspiracy in a plot to kill Swedish cartoonist Lars Vilks. An Al Qaeda linked group placed a $100,000 bounty on Vilks because of his cartoon of the prophet Muhammad atop the body of a dog. (See prior postings 1, 2 .) The woman who is charged is Colleen LaRose, an American from suburban Philadelphia who is also known as "Fatima LaRose" and as "Jihad Jane." According to a Department of Justice press release, LaRose used the Internet to recruit others to wage and support violent Jihad in South Asia and Europe. She apparently traveled to Europe after being ordered to kill cartoonist Vilks in a way that would frighten "the whole Kufar [non-believer] world." LaRose was arrested in October, but the indictment was kept under seal until yesterday when seven Muslims who are charged with being part of the same plot against Vilks were arrested in Ireland. (Pakistan Daily Times.)

UPDATE: AP reports that after the arrests in Ireland, three Swedish newspapers on Wednesday reprinted the Lars Vilks cartoon as part of their coverage of the story.

UPDATE2: The Wall Street Journal reported that on Saturday evening (3/13), Irish authorities released (without filing charges) 4 of the 7 (one man and three women) who they had arrested.

Catholic Church Targets Philippine Health Chief Over Condom Campaign

Yesterday's Washington Post reports that the Catholic Church in the Philippines is calling for the resignation of Health Secretary Esperanza Cabral. The Church, a powerful force in the country, is angry over the condom distribution campaign instituted by the Harvard-trained health chief. As part of the country's fight against AIDS, on Valentine's Day government health workers passed out roses and condoms on the streets of Manila. Bishop Nereo Odchimar, president of the Catholic Bishops' Conference of the Philippines, calling for fidelity and premarital chastity, said: "The condom business is a multimillion dollar industry that heavily targets the adolescent market at the expense of morality and family life." The Health Department promotes a 3-part "ABC formula": abstinence, be faithful and use a condom.

Dispute Over Fire Department Chaplain's Web Page

In Spring Hill, Florida, resident Ken Fagan has filed a complaint with the Department of Community Affairs objecting to a link on the Spring Hill fire district's website. According to My Fox Tampa Bay yesterday, Fagan objects to a link to the Fire Rescue Chaplain's web page that contains scriptural quotes and in turn links to a site offering Bibles for sale. Fagan argues that a tax supported website should not have links to religious groups or support religion. In response, the chaplain, known as Pastor Jack, has added a statement on his web page that reads in part: "I have always intended this to honor all of our citizens, our firefighters, and the wonderful principles of our Constitution. All faiths have been blessed in America to the equal right of expression. Our founding fathers showed themselves wise beyond their years. Please know I respect all faiths, and all citizens and wish only to present a page that provides help and useful information to all who choose to look at it."

Christian Group Presses Pray for a Liberal Campaign

Beliefnet yesterday reported on last month's "Adopt a Liberal" Deck of Cards initiative begun by Liberty Counsel. The deck contains 51cards picturing "liberals" with one card carrying a question mark for the "unknown liberal." The program asks participants "to pray daily for the liberal(s) of your choice, so each can become a good influence on our Nation’s culture. Prayer is powerful! It allows God to change the minds of those for whom we are praying." The liberals pictured on the cards include not only politicians and public officials, but also movie and television stars and news commentators. Liberty Counsel also has produced a bumper sticker reading: "Have you prayed for a liberal today?"

Parents Who Relied on Prayer To Heal Son Sentenced to 16 Months For Negligent Homicide

The Oregonian reports that an Oregon state judge yesterday sentenced Jeffrey and Marci Beagley to 16 months in prison, followed by 3 years probation, after their conviction last month for the criminally negligent homicide of their 16 year old son. The Beagley's, members of the Followers of Christ Church that rejects medical care, prayed for their son rather than seeking medical attention for his urinary tract obstruction. (See prior posting.) Clackamas County Circuit Court Judge Steven Maurer gave a long explanation of his sentencing, saying that too many children had died because of the Followers of Christ Church's beliefs. He said, "It needs to stop." He said that even though the Beagleys "are good people," the magnitude of their crime calls for a prison sentence.

Muslim-Christian Ethnic Massacre In Nigeria Kills 378 Christians

In four Nigerian villages on Sunday, at least 378 members of the Christian Berom ethnic group were killed by members of the Muslim Fulanis. The massacres took place in Zot, Dogo Nahawa, Rastat and Shen. The Wall Street Journal, the London Times and BBC News all report on the massacres. The attackers came at night, fired shots to scare residents out of their homes, and then hacked them with machetes as they rushed out. Some residents were caught in animal traps and fishing nets as they tried to escape, and then hacked to death. Other houses were set on fire with residents in them. Apparently the killings, in villages near the city of Jos, were in revenge for killings in January. (See prior posting.) Survivors reported that Muslims in three of the villages had received phone calls two days before the massacres warning them to leave the area. A BBC analysts says: "These killings are often painted by local politicians as a religious or sectarian conflict. In fact it is a struggle between ethnic groups for fertile land and resources in the region known as Nigeria's Middle Belt."

Supreme Court Grants Cert. In Westboro Baptist Church Funeral Picketing Case

The U.S. Supreme Court this morning granted certiorari in Snyder v. Phelps, (Docket No. 09-751, March 8, 2010). (Order List.) In the case in which review has been granted, the U.S. 4th Circuit Court of Appeals agreed with the Westboro Baptist Church and its leaders that a $5 million judgment against them growing out of their picketing of the funeral of Iraq veteran Matthew Snyder violated their free speech rights. Westboro members have gained notoriety for their picketing of veterans' funerals carrying signs attacking America's acceptance of gays. In the case, Snyder's father claimed that the picketing and a related Internet posting amounted to an invasion of privacy and intentional infliction of emotional distress. The majority held that defendants' picket signs, while "utterly distasteful," nevertheless involve matters of public concern. The 4th Circuit also held that the signs and Internet postings were merely "imaginative and hyperbolic rhetoric intended to spark debate," and could not be interpreted as verifiable facts about Snyder or his son. (See prior posting.)

UPDATE: Here is the petition for certiorari and the brief in opposition (thanks to SCOTUS blog).

Speculation Surrounds Mixed-Faith Wedding Ceremony for Chelsea Clinton

AP last week reported on the questions surrounding arrangements for the upcoming wedding of Chelsea Clinton, daughter of the former President Bill Clinton and of the current Secretary of State Hillary Clinton. In particular, papers are speculating on whether her wedding will be performed by a rabbi since her fiance, Marc Mezvinsky, is Jewish. Chelsea grew up attending a Methodist church with her mother. Many rabbis will not officiate at a mixed-faith ceremony, but some will. The United Methodist Church leaves the question of mixed-faith ceremonies to local pastors and allows ministers to adapt the wedding ceremony to some extent in such cases.

School Guidance Director Sues, Claiming Animus From Orthodox Jewish Board Members

In Lawrence, New York, the school district's guidance director who was denied tenure filed a lawsuit charging that his dismissal stems from the ongoing tension between Orthodox Jews who took control of the Lawrence school board in 2006 and the community's non-Orthodox residents. (See prior posting.) According to Sunday's Newsday, Jay Silverstein (a Duke-educated psychologist) says he was advised by his superintendent that he would be more likely to get tenure if he became friendlier with board members and with a fellow administrator who was said to be Orthodox and influential. Silverstein, who plans to run for the school board in May, is Jewish, but non-practicing. Co-workers praise Silverstein's job performance, but school board president Murray Forman called Silverstein's action "another frivolous lawsuit." [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Recent Articles and Book of Interest

From SSRN:

• Christian Behrendt, State Norms and Religious Norms: Summary Reflections on Some of their Characteristics (Règles Étatiques Et Règles Religieuses: Brèves Réflexions Sur Certaines De Leurs Caractéristiques), (Revue de la Faculté de droit de l'Université de Liège, pp. 287-294, 2009).
• Nathan B. Oman, Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism, (William & Mary Law School Research Paper No. 09-43, Feb. 26, 2010).
• Jill I. Goldenziel, Sanctioning Faith: Religion, State, and U.S.-Cuban Relations, (Journal of Law and Politics, Vol. 25, p. 179, 2009).
• Peter J. Smith & Robert W. Tuttle, Biblical Literalism and Constitutional Originalism, (GWU Legal Studies Research Paper, March 1, 2010).
• Gregory K, Acquaviva & John D. Castiglione, Judicial Diversity on State Supreme Courts, (Seton Hall Law Review, Vol. 39, No. 4, pp. 1203-1261, 2009).
• Gabriel Hallevy, Culture Crimes Against Women, (February 15, 2010).
• Mark Kende, Free Exercise of Religion: A Pragmatic and Comparative Assessment, (University of South Dakota Law Review, Forthcoming).
• Howard M. Wasserman, Iqbal, Procedural Mismatches, and Civil Rights Litigation, (Lewis & Clark Law Review, Vol. 14, p. 157, 2010.
• Tom Tyler, Stephen J. Schulhofer & Azuz Z. Huq, Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans, (Law and Society Review, Forthcoming).

New Book:

• Douglas Laycock, Religious Liberty, Volume 1: Overviews and History, (Eedrmans, 2010).

Report Says Scientology Staff Members Are Treated Abusively

This morning's New York Times carries a front-page article on allegations by two former staff members of the Church of Scientology regarding abuse of staff mebers. Reporting on charges by Chris and Christie Colbran, who were recruited as teenagers to work for the elite corps of staff members known as Sea Org, the Times says:

They signed a contract for a billion years — in keeping with the church's belief that Scientologists are immortal. They worked seven days a week, often on little sleep, for sporadic paychecks of $50 a week, at most.

But after 13 years and growing disillusionment, the Collbrans decided to leave the Sea Org, setting off on a Kafkaesque journey that they said required them to sign false confessions about their personal lives and their work, pay the church thousands of dollars it said they owed for courses and counseling, and accept the consequences as their parents, siblings and friends who are church members cut off all communication with them.

Recent Prisoner Free Exercise Cases

In Camacho v. Shields, 2010 U.S. App. LEXIS 4489 (9th Cir., March 3, 2010), the 9th Circuit upheld a lower court's finding that a prisoner's religious exercise was not substantially burdened by the interruption of his prayers on one occasion.

In Witcher v. Maclunny, 2010 U.S. Dist. LEXIS 17382 (MD PA, Feb. 26, 2010), a Pennsylvania federal district court dismissed a prisoner's complaint regarding the removal of 25 religious books, finding that plaintiff failed to allege how this substantially burdened his ability to observe a central religious belief or practice.

In Brown v. Ray, 2010 U.S. Dist. LEXIS 17363 (WD VA, Feb. 26, 2010), a Virginia federal magistrate judge dismissed on qualified immunity grounds the damage claim, but not the claim for injunctive relief, brought by a Nation of Islam inmate who alleged that he is being denied his weekly NOI newspaper, The Final Call. It also dismissed certain other related claims for failure to exhaust administrative remedies, but permitted others to proceed.

In Banks v. Dougherty, 2010 U.S. Dist. LEXIS 17443 (ND IL, Feb. 26, 2010), an Illinois federal district court dismissed on mootness and sovereign immunity grounds claims by Muslims confined in a state mental health facility that the facility did not offer Friday Jumu'ah services.

In Butts v. Riley, 2010 U.S. Dist. LEXIS 17517 (WD MI, Feb. 26, 2010), a Michigan federal district court upheld a prison's refusal, for lack of sincere religious belief, to furnish plaintiff a kosher diet.

In Chappell v. Helder, 2010 U.S. Dist. LEXIS 18056 (WD AK, March 1, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 125391, Dec. 14, 2009), and ordered the Washington County Detention Center to revise its policies on religious presentations and use of reading materials during lockout periods. It also awarded nominal damages. Plaintiff complained that he was forced to overhear religious presentations being given in the day room during lockout periods and that the only religious reading material inmates were allowed to have during lockout was the Bible.

In Hundal v. Salazar, 2010 U.S. Dist. LEXIS 18837 (CD CA, March 3, 2010), a California federal district court adopted a federal magistrate's recommendations (2009 U.S. Dist. LEXIS 125479, Dec. 16, 2009) and held that a Sikh prisoner can file an amended complaint against certain defendants alleging RLUIPA violations in refusing to permit him to wear a beard. However it dismissed his Free Exercise and Equal Protection claims and his RLUIPA claim against one defendant.

In LaRue v. Matheney , (SD WV, March 4, 2010), a West Virginia federal district court rejected a free exercise claim by a prisoner who had agreed to participate in the institution's treatment program. Plaintiff signed an Individual Therapy Contract obligating him to participate in treatment sessions and to refrain from certain conduct relating to children and to sexual matters. He now claims that his inability to keep pornography in his cell violates his beliefs as a member of the Christian Prurient Faith, a ministry which he founded. The court held that the burden with which he challenges was imposed on him because of a valid contract which he voluntarily entered.

In Peterman v. Berry, (ED WI, Feb. 26, 2010), a Wisconsin federal district court rejected complaints from a Muslim inmate that he was not provided a Halal diet, he was not allowed to order various religious items, there was no Muslim group worship, and he was required to purchase a Q'uran while Bibles were given out for free. The court found that the jail attempted to accommodate plaintiff's requests and that any failure to do so was not the result of any official policy or custom of the jail.

Hasidic Charity Can Claim Return of Seized Funds Only In Criminal Case

Friday's New Jersey Law Journal reports that a federal magistrate judge has ruled that a Hasidic Jewish charity cannot rely on 18 USC Sec. 983 to obtain a return of funds seized as part of a high profile public corruption and money laundering case. (See prior posting.) The court held that Gmach Shefa Chaim has an adequate remedy in a criminal case in which the government is suing for forfeiture of the $508,925 in the account. The court ruled that Sec. 983 only applies only to nonjudicial civil forfeitures of $500,000 or less and not to funds seized under a search warrant. [Thanks to Steven H. Sholk for the lead.]

Virginia's AG Says State Colleges Cannot Ban LGBT Discrimination

According to the Washington Post, Virginia's Attorney General Ken Cuccinelli II on Thursday sent a letter (full text) to the state's public colleges and universities advising them that:

the law and public policy of the Commonwealth of Virginia prohibit a college or university from including "sexual orientation," "gender identity," "gender expression," or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly.

Taxpayer Lacks Standing To Challenge Church's Use of School; Parent May Have Standing

In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 18892 (ND OH, March 3, 2010), an Ohio federal district court held that a local taxpayer lacks standing to bring an Establishment Clause challenge to the practice of a local high school in permitting a church to use the school building for its weekly religious services. The court held that it was unable at this stage of the litigation to determine whether or not a second plaintiff, the mother of a school child, had alleged sufficient injury to her child under the Establishment Clause to have standing.

UPDATE: In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 21876 (March 10, 2010), the court denied a motion for reconsideration.

9th Circuit Says Christians In Indonesia Face Likely Persecution, Torture

In Pelle v. Holder, (9th Cir., March 4, 2010), the U.S. 9th Circuit Court of Appeals held that the Board of Immigration Appeals should have applied disfavored group analysis in deciding whether appellant faced a clear probability of future persecution. Christians who are not ethnic Chinese are a disfavored group in Indonesia. Further, in the court's view, there was ample evidence that the Indonesian government is aware, and possibly complicit, in torture inflicted on Christians by Muslim extremists.

Qualified Immunity Applies To RFRA Claim Growing Out of Drug Search

In Jama v. United States, 2010 U.S. Dist. LEXIS 18554 (WD WA, March 2, 2010), a Washington federal district court held that the concept of qualified immunity applies in suits under the Religious Freedom Restoration Act, just as it applies in suits charging constitutional violations. It concluded that a police officer and a federal DEA agent had qualified immunity in a Muslim woman's lawsuit against them charging they had violated RFRA in forcing her to remain outside her apartment in a nightgown without her head covered while her apartment was being searched for evidence of khat distribution. No evidence was found. Two others detained in the same raid were unrelated males. Plaintiff's Muslim faith prohibits her from appearing in a state of undress or from appearing without a head scarf before unrelated males. In granting qualified immunity, the court held that it could not conclude that the right of a person to wear religious covering during a search of a her home was "clearly established" at the time of the search.

Court Issues Preliminary Injunction Barring Noise Prosecutions Against Church Bells

In St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, March 3, 2010), an Arizona federal district court issued a preliminary injunction barring the City of Phoenix from enforcing its Noise Ordinance against sound generated in the course of religious expression. The lawsuit was brought by churches which had been prosecuted or feared prosecution under the ordinance because of the level of sound from their carillon bells. (See prior posting 1, 2). The challenged law prohibits "unreasonably loud, disturbing and unnecessary noise." Plaintiffs alleged that the law's restrictions are unconstitutionally vague and violate their free expression and free exercise rights, as well as their rights under Arizona's Free Exercise of Religion Act. In granting the preliminary injunction, the court, focusing on plaintiffs' free expression challenge, said:

The Court finds, for the purposes of preliminary injunction analysis, that the Noise
Ordinance is neither precise enough nor clear enough to be considered narrowly tailored. The Noise Ordinance does not contain an objective standard, such as a decibel level, under which loud, disturbing, and unnecessary sounds are targeted to the exclusion of sounds that are not loud, disturbing, and unnecessary. Also, the exemptions from the Noise Ordinance are a scattershot list, providing an exception for government vehicles, noncommercial public addresses, ice cream trucks (or other uses of hand-held devices playing "pleasing melodies"),and nighttime street work, but not considering any other types of sound to be exempt from coverage. The government's interest in preventing the disturbance of its citizens by noise could be achieved by other, less restrictive means.

Alliance Defense Fund issued a release announcing the decision.

Religious Questionnaire To City Candidates Draws Criticism

In Farmington, New Mexico's recent municipal elections, the campaign manager for one of the losing City Council candidates secretly designed a scorecard to rank local candidates on their religious and social values. Yesterday's Farmington Daily Times says that candidate Bob Moon did not know that his campaign manager, Drew Degner, had designed the questionnaire that asked closed-end questions about issues such as church attendance, abortion rights and gay marriage. Some candidates refused to answer the questions and are critical of it. Degner said he designed the survey in order to help fellow Emmanuel Baptist Church members determine candidates' values. He did not distribute the scorecard beyond his church. Moon, a pastor, only posted a copy on the bulletin board at his church, My Father's House.

4th Circuit Upholds Church's Discrimination and RLUIPA Claims

In Reaching Hearts International, Inc. v. Prince George's County, (4th Cir., March 3, 2010), the 4th Circuit Court of Appeals agreed with a Maryland federal district court that a Seventh Day Adventist Congregation's rights under the Equal Protection Clause and RLUIPA were infringed when the county refused to grant a change in sewer and water classifications for a portion of property on which it planned to build a church. The court concluded:

the evidence presented at trial of the County's anti-church animus was very strong. The evidence thus supports the jury’s conclusion that (1) the County intentionally discriminated against Reaching Hearts on a prohibited ground, and (2) the County imposed or implemented a land use regulation in a manner that imposed a substantial burden on Reaching Heart’s religious exercise, without satisfying the standard of strict scrutiny.

Yesterday's Washington Post reports on the decision.

State Employees Say Boss Judged Them On the Quality of Their Religious Faith

The director of the Ohio Workers' Compensation Council is being accused of religious discrimination by her three-member staff-- two attorneys and an executive assistant. According to yesterday's Columbus Dispatch, Virginia McInerney, director of the Council that oversees the operations of Ohio's Bureau of Workers' Compensation, fired the staffers after they asked for separation agreements because of insurmountable inter-office tensions. The staffers say that McInerney, who often asked them to pray, was judging them "not on professional performance but on the quality of their faith, according to her beliefs." In letters to the state senator who chairs the Council, the three said McInerney told them she believed God placed her in her job and that the source of office conflict was an "inability to recognize her 'divine gift for editing.'"

Anti-Evolutionists Tying Curriculum Efforts To Global Warming Skepticism

Today's New York Times reports that critics of evolution who want alternative theories taught in public schools are beginning to tie that effort together with a similar push to encourage teaching of alternative theories about global warming. The strategy, being pursued in various states, builds on growing numbers of conservatives who have doubts about the science of climate change. Rev. Jim Ball of the Evangelical Environmental Network, a group that agrees with the science of global warming, says that many religious opponents believe "it is hubris to think that human beings could disrupt something that God created." As a legal matter, those tying the two issues together are reacting in part to a statement in a 2005 federal district court opinion finding that Cobb County, Georgia's singling out of evolution as a questionable theory in textbook stickers had the effect of advancing religion.

Church Lacks Standing To Sue Over Investigation of Its Loud Music

In Faith Baptist Church v. Waterford Township, 2010 U.S. Dist. LEXIS 18226 (ED MI, March 2, 2010), a Michigan federal district court held that a church lacks standing to complain about police investigations of complaints about the volume of music coming from the church during rehearsals, services and concerts. (See prior posting). The court said:

Plaintiffs have not articulated any concrete or particularized injury. FBC continues to hold services with the music of its choosing. There is no allegation that the nature of FBC's religious services changed in any way in response to the investigation of the noise complaints. There is no specific allegation that any right to free association has been impinged or that any church members were deterred from worshiping.... There is no allegation that FBC was ordered to stop their music or that anyone was ticketed, charged, or fined. In fact, Waterford's disturbing the peace ordinance, which they challenge as vague and overbroad, was not enforced against them. Further, the evidence suggests that Waterford does not have a present intention to enforce the ordinance against them....

Although the complaint alleges that the actions of the prosecutor and police have caused a "chilling effect" -- such bare allegations are insufficient to confer standing.

Texas Republicans Support Religious Reference At Public Gatherings and On Government Buildings

Tuesday's Texas Republican primary ballot included five "non-binding resolutions that are the party's way of gauging support for issues, and for informing voters and elected officials where the party's grassroots stand on the issues." One of those, Ballot Prop. #4 read:

The use of the word "God", prayers, and the Ten Commandments should be allowed at public gatherings and public educational institutions, as well as be permitted on government buildings and property.

The advisory measure passed by an overwhelming 95.14% majority, with 11.1% of the state's registered voters participating. (Official results.) Apparently this same measure will appear on the November general election ballot. (San Marcos Daily Record). Yesterday American Atheists issued a press release warning that if this proposal is formally adopted in the state, "it will prove to be unconstitutional and expensive for state taxpayers."

Key Christian Conservative Defeated In Texas Board of Education Primary

The Christian Post and the Baptist Standard report that in Tuesday's Texas Republican Party primary, State Board of Education member Don McLeroy lost to challenger Thomas Ratliff by fewer than 900 votes. The ousted McLeroy was an outspoken Christian conservative who has doubts about the theory of evolution. He has supported added emphasis in social studies courses on the role of Christianity in the founding of the United States. In a debate about evolution, he supported a proposal that science teachers encourage students to address the "strengths and weaknesses" of scientific theories. Different language was ultimately adopted. (See prior related posting.) According to the AP, winner Ratliff is considered a moderate. The 15-member board currently has 7 social conservatives who sometimes win on issues by picking up one or two other swing votes. Meanwhile conservative member Ken Mercer won his primary race. In the race for the seat of retiring conservative Cynthia Dunbar, conservative candidate Brian Russell will be in an April runoff with educator Marsha Farney. [Thanks to Scott Mange for the lead.]

Public Housing Authority Says No More On-Site Church Services

According to yesterday's Dallas News, the Dallas (TX) Housing Authority has ordered a halt to Sunday morning worship services in one of the public housing complexes it administers. For the past 14 years, Lake Highlands United Methodist Church has brought Sunday services to elderly residents of Audelia Manor. Now, however, MaryAnn Russ, Dallas Housing Authority CEO, says the worship services violate the DHA's contract with the U.S. Department of Housing and Urban Development as well as church-state separation principles. She says that worship services amount to agency endorsement of religion. New Housing Authority agreements with religious social service groups prohibit them from holding worship services in public housing units. However a HUD spokesman in Washington says that the Fair Housing Act does not prohibit religious activity in common areas of public housing as long the activity does not result in unequal treatment of residents.

UPDATE: The Dallas News reports that on Thursday, the Dallas Housing Authority reversed its decision. Religious services at Audelia Manor will resume on Sunday.

Bristish Airport Refuses Boarding To Muslim Women Who Rejected Body Scan

At Britain's Manchester Airport, two Muslim women have become the first passengers to be banned from boarding their flight because they refused to undergo a full body scan using an expensive new X-ray system. According to yesterday's London Express, one of the women objected on religious grounds and the other on medical grounds. The women, who had been randomly selected for scanning, had tickets to fly to Islamabad, Pakistan. An airport spokesman said: "These ladies were not in traditional Muslim dress and while they were not happy about being refused permission to fly there was no anger. They accepted the decision and did not complain." The privacy group Big Brother Watch offered to represent the women if they want to challenge the airport's actions in court.

Suit Challenges State Civil Rights Agency Jurisdiction Over Small Religiously-Motivated Group

A press release yesterday from the Thomas More Society announced that it has filed a lawsuit in Indiana state court challenging the authority of the Indiana Civil Rights Commission (ICRC) over the Fishers Adolescent Catholic Enrichment Society (FACES), a group of nine families who home-school their children. FACES was created to provide social occasions at which home-schooled children can interact in a religious context with one another. Problems arose when one mother whose daughter suffered from a serious food allergy insisted that her child have a special diet at a FACES banquet. FACES leaders believed that a home-prepared meal would be better, and refused the mother's request. The mother then filed a civil rights charge claiming that the refusal to accommodate her daughter amounted to discrimination on the basis of disability. The new lawsuit charges that the ICRC's assertion of jurisdiction over this kind of small voluntary association formed for religious purposes violates members' rights to freely associate in exercising and expressing their religious beliefs, protected by the Indiana and U.S. constitutions.

Cert. Denied In Establishment Challenge To Religious Displays In Postal Unit

On Monday, the U.S. Supreme Court denied certiorari in Sincerely Yours, Inc. v. Cooper, (Docket No. 09-608, 3/1/2010). (Order List). In the case, the U.S. 2nd Circuit Court of Appeals held that religious displays by the Full Gospel Interdenominational Church in the Contract Postal Unit it operates along side its ministry and outreach efforts in a store front facility in Manchester, Connecticut violate the Establishment Clause. (See prior posting.) AP yesterday reported on the Supreme Court's refusal to review the case.

Evangelical Group Wins Compromise In Settlement of Suit Over Tax Exemption

Kenneth Copeland Ministries on Monday announced the settlement of a lawsuit it had filed against Tarrant County (TX) Appraisal District challenging the denial of a tax exemption (see prior posting) for a $3.6 million jet owned by the evangelical religious group. BNA Daily Report for Executives (3/3/2010) [subscription required] gives further details. At issue was the county's requirement that the application for an exemption include the names, positions and salaries of all the organization's employees-- some 600 in total. KCM, which separately had been resisting Congressional demands for more financial information, refused to furnish the data arguing that it was protecting the privacy rights of its employees and the more general privacy rights of churches. In its view, only the Internal Revenue Service has authority to obtain this type of information from non-profits.

In the settlement in Eagle Mountain International Church Inc. v. Tarrant Appraisal District, Tex. Dist. Ct., No. 342-235701-09, agreed judgment entered 2/16/10, the county agreed to have KCM's employment records reviewed by a CPA who specializes in religious organizations. The county accepted as sufficient a report from the CPA that KCM's employee compesation was reasonable, without the underlying data going to the government.

European Court Grand Chamber Will Review Its Decision Banning Crucifixes In Italian Classrooms

The European Court of Human Rights announced yesterday that its 17-judge Grand Chamber will review a controversial decision handed down in November by a 7-judge panel in Lautsi v. Italy. The panel decision held that crucifixes in public school classrooms in Italy violate the European Convention on Human Rights' protections of thought, conscience and religion and the right of parents to educate their children according to their convictions. (See prior posting.) Business Week reported on the Court's decision to review the case.

High School Teacher Suspended Over Banning Wiccan Altar In Shop Class

A high school industrial arts teacher in Guthrie Center, Iowa has ben placed on paid leave pending the school's consultation with its attorney in an unusual dispute regarding student religious expression in class assignments. Yesterday's Des Moines Register reports that teacher Dale Halferty told a student that he could not build a Wiccan altar in shop class. While he could build a table that he could later use as part of an altar, Halferty told the student that he needed to keep all religious materials at home. However the student kept returning with a book on witchcraft. Halferty says he does not want any religious symbols in the shop, and previously told another student he could not build a cross in class. Almost 70 students have signed a petition saying they do not want witchcraft practiced in school. Halferty agreed, saying: "It scares me. I'm a Christian. This witchcraft stuff - it's terrible for our kids. It takes kids away from what they know, and leads them to a dark and violent life. We spend millions of tax dollars trying to save kids from that." Ben Stone, executive director of the Iowa Civil Liberties Union, says that students have the right to express their religious viewpoints within the context of a class assignment.

D.C. Catholic Charities Ends New Spousal Benefits To Avoid Recognizing Same-Sex Partners

Following up on their pledge to be in compliance with D.C. same-sex marriage law that takes effect today, Catholic Charities of Washington has stopped offering benefits to spouses of new employees. This avoids charges that the organization is illegally discriminating on the basis of marital status were it to refuse to recognize same-sex partners. CNS and Beliefnet report that the change will not affect employees whose spouses are currently covered. A letter to Catholic Charities employees from its CEO said: "We sincerely regret that we have to make this change, but it is necessary to allow Catholic Charities to continue to provide essential services to the clients we serve in partnership with the District of Columbia while remaining consistent with the tenets of our religious faith." While Catholic Charities CEO Edward J. Orzechowski says that the new D.C. statute requires that same-sex couples receive the same spousal benefits as heterosexual couples, in fact that requirement seems to stem from the anti-discrimination provisions of the D.C. Human Rights Law that prohibits employment discrimination based on sexual orientation or marital status.

Chief Justice Refuses To Stay Effectiveness of D.C. Same-Sex Marriage Law

U.S. Supreme Court Chief Justice John Roberts has refused to grant a stay to prevent the District of Columbia’s Religious Freedom and Civil Marriage Equality Amendment Act from taking effect today. In an in chambers opinion in Jackson v. District of Columbia Board of Elections and Ethics, (Sup. Ct., March 2, 2010), the Chief Justice said that it has been the practice of the Court to defer to defer to the decisions of the courts of the District of Columbia on matters of exclusively local concern. Congress has chosen not to override the D.C. statute, and petitioners can raise many of the same arguments in their pending litigation attempting to get an initiative on the ballot to repeal the law that permits same-sex marriage. AP reports on the decision, saying that while couples may apply for licenses beginning today, there is a 3-day waiting period before they get the licenses and can actually be married. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

Plaintiffs Have Standing To Challenge Day of Prayer, But Not Prayer Proclamations

In Freedom From Religion Foundation, Inc. v. Obama, (WD WI, March 2, 2010), a Wisconsin federal district court ruled on the standing of Freedom from Religion Foundation and some of its members in a lawsuit challenging the constitutionality of the National Day of Prayer statute (36 USC 119) and the issuance of prayer proclamations by the President. (See prior posting.) In addition to the President, Shirley Dobson, chairperson of the National Day of Prayer Task Force was also named as a defendant. The court held:

Although the answer is not free from doubt, I conclude that, under the unique circumstances of this case, plaintiffs have standing to challenge the constitutionality of the National Day of Prayer statute. The primary injury plaintiffs allege is the feeling of unwelcomeness and exclusion they experience as nonreligious persons because of what they view as a message from the government that it favors Americans who pray. That injury is intangible, but it is no less concrete than the injuries in the many cases in which courts have recognized the standing of persons subjected to unwelcome religious speech. The only difference between those cases and this one is that plaintiffs have not come into physical or visual contact with a religious display. However, that difference has little significance in a case like this one involving a national message intended to reach all Americans.

... With respect to plaintiffs' challenge to "prayer proclamations" issued by the President (other than one required by § 119), none of the plaintiffs has read or heard such a proclamation except when they expressly sought one out. Such a self-inflicted "injury" cannot establish standing. With respect to defendant Dobson, plaintiffs have failed completely to show that any of her actions has injured them.

Alliance Defense Fund issued a release on the decision.

Tennessee School District Settles Suit Challenging Religious Practices In Schools

The Cheatham County (TN) Board of Education voted Monday night to approve a settlement in a lawsuit alleging a pattern of religious activities in the county schools. (See prior posting.) The settlement order (full text) in Doe v. Cheatham County Board of Education, (MD TN, filed 11/16/2009), was announced in a press release by the ACLU of Tennessee that filed the lawsuit. Under the agreement, among other things school officials will not participate in or permit non-student third parties to offer prayers in conjunction with school events; will prevent non-student third parties (including the Gideons) from distributing Bibles during instructional time or at school events; will make a good faith effort not to hold school events at religious venues; will not knowingly let teachers promote personal religious beliefs to students during class or at school events; teachers will not cite sacred text as authority for historical or scientific fact to students in classes, or display religious symbols in class unless there is a pedagogical reason for doing so; and school teachers will not put religious beliefs or references to a deity on their school web pages.

British Sikhs Challenge 2011 Census Form

Britain's Sikh Federation is considering filing a lawsuit against the UK government's Office of National Statistics over the form it plans to use for the 2011 census. According to yesterday's Sikh Times, the government intends to list Sikhs as a choice in the voluntary portion of the form that asks about religious affiliation. The Sikh group insists that Sikh should also be a choice in the compulsory portion of the form that asks about ethnicity. They say that otherwise this will continue the under count of Sikhs that occurred ten years ago, reducing the amount of government services to which they are entitled.

Church Zoning Decision Remanded for Further Findings

In Arnold v. Versailles-Midway-Woodford County Board of Adjustment, (KY Ct. App., Feb. 26, 2010), a Kentucky appellate court in a second appeal in a church zoning case sent back for additional proceedings a county zoning authority's decision to grant Versailles United Methodist Church a conditional use permit for construction of a church building, school building, gymnasium and parking lot. The court held that again the County Board of Adjustment had not made adequate findings to justify its conclusions. It also directed the Board to make appropriate findings under RLUIPA instead of the conclusory statements that appeared in its original decision.

Ohio Supreme Court Will Decide If Church Can Sponsor Charter School

The Ohio Supreme Court has agreed to review a case in which a church claims that a decision of the Ohio Department of Education denying its application to sponsor a charter school ("community school") violates the equal protection clauses of the U.S. and Ohio (Art. 1, Sec. 2) constitutions and as well as the free exercise clause of the Ohio Constitution (Art. 1, Sc. 7). The denial was based on Ohio Rev. Code 3314.015(B)(3) that requires a sponsor to be an "education-oriented institution." According to yesterday's Columbus Dispatch, Brookwood Presbyterian Church in Columbus runs an educational program for 64 children with autism. It currently operates under the umbrella of another approved charter school, but that school is now threatened with closure. An Ohio Court of Appeals dismissed the church's challenge on the ground that the Department of Education's decision to deny a community school application is unappealable. Brookwood Presbyterian Church v. Ohio Department of Education, (OH Ct. App., Sept. 8, 2009). The full text of all the pleadings, briefs and court orders filed in the case in the Ohio Supreme Court are available online. [Thanks to Scott Mange for the lead.]

Teacher Wins Right To Display Classroom Banners With Religious References

In Johnson v. Poway Unified School District, (SD CA, Feb. 25, 2010), a California federal district court held that high school teacher Bradley Johnson's rights were violated when school officials told him to take down two 7-foot wide banners he had placed on his classroom wall. One displayed quotes such as "God Bless America" and "In God We Trust." The other quoted from the Declaration of Independence, with the term "Creator" in the quote in all capital letters. The school permits teachers to create their own displays in their classrooms, so long as the displays are not disruptive. Other teachers had posted items such as a Tibetan prayer flag, posters of Mahatma Gandhi, the Dali Lama and Malcolm X, as well as posters with views on a wide variety of other issues. Johnson's posters had hung in his classroom without objection for 20 years.

The court concluded that the school had created a limited public forum for teachers to express their views on their classroom walls, and that officials had engaged in unconstitutional viewpoint discrimination in squelching Johnson's speech. Establishment Clause concerns were unjustified since, according to the court, there is no realistic danger that an observer would think the school district was endorsing a particular religion. Moreover, the court concluded that by permitting Buddhist, Hindu, and anti-religious speech by some teachers while silencing the Judeo-Christian speech of Johnson, the school violates the Establishment Clause, the Equal Protection Clause and the "no preference" clause of the California Constitution. The court ordered school officials to immediately permit Johnson to redisplay the two banners at issue, and also awarded Johnson nominal damages. AP yesterday reported on the decision, and the Thomas More Law Center that represented Johnson issued a release on the decision, including photos of the disputed banners. (See prior related posting.)

Settlement Reached In Texas Prayer Garden Challenge

The San Antonio (TX) Express News reported yesterday that a settlement has been reached in a lawsuit attempting to prevent The Coming King Foundation from placing a 77-foot tall cross in their Kerrville, Texas subdivision. The cross is part of a 23-acre prayer garden., and will overlook Interstate 10. Neighbors say that subdivision deeds limit lots to residential use, but the Foundation argued that the deed restrictions are invalid because the 12-lot subdivision plot was not approved by county commissioners. (See prior posting.) Under the settlement, the garden will be constructed, but a privacy wall will be put up. Also access and parking from a subdivision street will be limited, and defendants will pay $25,000 toward plaintiff's legal fees.

Cert. Denied In Property Dispute Involving Break Away Episcopal Parish

Yesterday the U.S. Supreme Court denied certiorari in St. Luke's of the Mountains v. Episcopal Church, (Docket No. 09-708, March 1, 2010). (Order List.) In the case below, decided by a California appellate court under the name Huber v. Jackson, the court applied the "neutral principles" of law doctrine, concluding that the Episcopal Church and its Diocese of Los Angeles are the owners of the property of St. Luke's parish in La Crescenta, California. The congregants of St. Luke's voted in 2006 to break away from the Episcopal Church and affiliate with the more conservative Anglican Church of Uganda. (See prior posting.) The California Supreme Court refused review in the case (2009 Cal. LEXIS 9850, Sept. 17, 2009). The Episcopal Diocese of Los Angeles issued a statement yesterday thanking the Supreme Court for its clarity in refusing review. Episcopal News Service reports on the Supreme Court's refusal to review the state appellate court's ruling. [Thanks to John W. Chilton for the lead.]

Private Rabbinic Court In Israel Is At Center of a Controversy

Last week Haaretz carried a long article about the little known group of private rabbinic courts in Israel known as Badatz, an acronym for Court of Justice or Righteous Court. The article focuses on the court branch located in Bnei Brak, a city east of Tel Aviv in which strictly observant Orthodox Jews (Haredi) and important Haredi rabbis live. Unlike the government-run rabbinical courts that deal only with family and personal status matters, Badatz deals with a wide variety of civil disputes. The parties must agree to submit their disputes to Badatz, but the rabbinic court can place pressure on members of the Haredi community who do not do so by issuing a "writ of refusal" which essentially calls for others to ostracise the individual who will not submit to the court's jurisdiction. Badatz has come into the news because of a lawsuit filed in the civil court system against several of the rabbinic judges (dayanim) on Badatz. [This paragraph has been corrected thans to an e-mail from Jack Levey.] As reported by Haaretz:

Rabbi Zvi Bialostosky, a building contractor, his son Chaim and the son's partner, Eliezer Friedman, were involved in a lengthy dispute with people who bought an apartment from them in Bnei Brak. The case was heard by Badatz Bnei Brak, until at a certain point Bialostosky and the other plaintiffs sued the dayanim in Tel Aviv Magistrate's Court.... Late last year, the contractors filed no fewer than 11 requests for various legal proceedings against the religious judges, in the process crossing a Haredi red line by taking their case to the state secular court system and, worse, suing dayanim. The result was an offensive of unprecedented ferocity by the Haredi leadership against two private individuals.

A letter signed by ... spiritual leaders of the Haredi world asserts that Bialostosky and Friedman "lifted a hand against God and His Torah" and are liable to cause "the destruction of the religion."

The contractors requested and were granted a restraining order against threats and harassment, after complaining to the civil court that the Badatz rulings constituted "harassment" and "libel." The dayanim retorted that such allegations were groundless and added that Bialostosky is "a quarrelsome individual who is involved in numberless disputes and litigations."

Supreme Court Denies Cert. In Oklahoma 10 Commandments Case

The U.S. Supreme Court today denied certiorari in Haskell County Board of Commissioners v. Green, (Docket No. 09-531, March 1, 2010). (Order List.) In the case, the U.S. 10th Circuit Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. (See prior posting.) AP reports on the Court's refusal to grant review. [Thanks to both Bob Ritter and Scott Mange for the lead.]

Indian Court Strikes Down Longer Divorce Waiting Period for Christians

In India last week, Kerala's High Court struck down as unconstitutional a provision that requires Christians to wait at least two years after they are first married to file for divorce. The personal law that governs other religious communities, as well as the Special Marriage Act that governs those with no religion, all allow others to file for divorce after one year. According to today's CathNews Asia, the court held that the clause in the Indian Divorce Act applicable only to Christians is discriminatory and violates the constitutional protection of equality before the law. Praveen and Soumya Thomas filed for divorce eight months after they were married. The court suggested that the legislature could impose a one-year waiting period for Christians, the same as imposed on other religious groups.

Obama's New Envoy To OIC Profiled

Today's Washington Post profiles Rashad Hussain, President Obama's recently appointed special envoy to the Organization of the Islamic Conference. (See prior related posting.) The 31-year old Hussain who grew up in Plano, Texas, is both a scholar of the Qur'an and an ardent North Carolina Tar Heels basketball fan (his undergraduate alma mater). After completing a master's degree in Arabic and Islamic studies at Harvard, he was working with the House Judiciary Committee at the time of 9-11. He later attended Yale Law School and, until his recent appointment, worked in the White House Counsel's Office. Hussain has memorized the Qur'an and prays daily, often in a room in the Eisenhower Executive Office Building used by all faiths.

Recent Articles and Books of Interest

From SSRN:

• Luc B. Tremblay, The Bouchard-Taylor Report on Cultural and Religious Accommodation: Multiculturalism by Any Other Name?,(EUI Working Papers LAW No. 2009/18, Dec. 1, 2009).
• Juliet P. Stumpf, Juliet P., The Implausible Alien: IQBAL and the Influence of Immigration Law, (Lewis & Clark Law Review, Vol. 14, No. 231, 2010).
• Cosmin Dariescu, Jurisdiction Over Marriage in the Romanian Principalities: From the Ecclesiastical Court to the Secular Tribunal, (Turning Points and Breaklines: Yearbook of Young Legal History 4, Szabolcs Hornyak, et. al., eds., pp.180-192, Martin Meidenbauer, Munchen, 2009).
• Gregor Noll, Sacrificial Violence and Targeting in International Humanitarian Law, (February 24, 2010).
• Perry Dane, Constitutional Law and Religion, (Blackwell Companion to Philosophy of Law and Legal Theory, Dennis Patterson, ed., Blackwell, 2010).
• Frederick C. DeCoste, Caesar's Faith: Limited Government and Freedom of Religion in Bruker v. Marcovitz, (Dalhousie Law Journal, Vol. 32, No. 1, pp. 153-176, 2009).
• Dimitry Kochenov, On Options of Citizens and Moral Choices of States: Gays and European Federalism, (Fordham International Law Journal, Vol. 33, No. 1, 2009).
• Heather Kennedy, Pleasant Grove v. Summum: Is Ten Truly Greater than Seven? An Examination of the Government Speech Doctrine Regarding Privately Donated Monuments Displayed on Public Land, (February 23, 2010).

From SmartCILP and elsewhere:

• J. Scott Carpenter, Matthew Levitt & Michael Jacobson, Confronting the Ideology of Radical Extremism, 3 Journal of National Security Law & Policy 301-327 (2009).
• H. Lyssette Chavez & Monica K. Miller, Religious References in Death Sentence Phases of Trials: Two Psychological Theories That Suggest Judicial Rulings and Assumptions May Affect Jurors, 13 Lewis & Clark Law Review 1037-1083 (2009).
• Michael Hatfield, The Anabaptist Conscience and Religious Exemption to Jury Service, 65 N.Y.U. Annual Survey of American Law 269-322 (2009).
• Debra A. Jones, The Role of Spirituality in the Mediation Process, [Abstract], 27 Conflict Resolution Quarterly 145-165 (2009).
• Journal of Church and State, Vol. 51, No. 3 (Summer 2009) has recently been issued.
• The March 2010 issue of American United's Church & State has recently appeared online.

Recent Books:

• Dan Diner, Lost in the Sacred: Why the Muslim World Stood Still, (Princeton Univ. Press , Nov. 2009), reviewed in The Muslim News.
• Frank Lambert, Religion in American Politics: A Short History, (Princeton Univ. Press, Feb. 2010).
• Ian Buruma, Taming the Gods: Religion and Democracy on Three Continents, (Princeton Univ. Press, Feb. 2010).

Op-Ed Presses For Continued US Foreign Aid Through Religious Groups

Nicholas Kristof's op-ed in today's New York Times focuses on the history of the U.S. channeling foreign humanitarian aid through religious organizations. He says that evangelicals have become the "new internationalists," pressing for U.S. programs abroad for a range of human service needs. He writes in part:

Some Americans assume that religious groups offer aid to entice converts. That's incorrect. Today, groups like World Vision ban the use of aid to lure anyone into a religious conversation.

Some liberals are pushing to end the longtime practice (it's a myth that this started with President George W. Bush) of channeling American aid through faith-based organizations. That change would be a catastrophe. In Haiti, more than half of food distributions go through religious groups like World Vision that have indispensable networks on the ground. We mustn't make Haitians the casualties in our cultural wars.

DC Catholic Archdiocese Says It Will Be In Compliance When Same-Sex Marriage Takes Effect

Washington, D.C.'s new law legalizing same-sex marriage takes effect this Wednesday. (See prior posting.) Yesterday's Washington Post reports that the Washington Catholic Archdiocese that receives significant social service funding from the city says it will be in compliance with law, though it has not specified exactly what it will do. D.C. law appears to require groups receiving public funds to offer benefits to spouses of married employees, whether traditional or same-sex marriages. The Archdiocese has already transferred its foster care program to avoid having to allow same-sex couples to serve as foster parents. (See prior posting.)

Mennonites Have Problems With Road Protection Law In Iowa County

Today's WCF Courier reports on the problem posed for the Groffdale Conference Mennonite Community by Mitchell County, Iowa's Ordinance No. 41 that bans steel wheels on the county's hard surfaced roads. This group of Mennonites use modern tractors, but as a religious matter they replace inflated rubber tires with metal rims surrounded by a thick rubber belt containing metal bars to provide traction. They fear conventional tires would make trips to town too convenient. Thirteen year old Matthew Zimmerman is due in court this Friday on charges of violating Ordinance No. 41. He was cited for driving a 19,000 pound steel-wheel tractor pulling a home-made 2-wheel cart on a county road on his way to pick up four bales of wood shavings for his family's farm. County officials say steel wheels damage highways. However neighboring Howard County rejected a similar ordinance after Mennonites deposited $25,000 in a trust to cover any future highway damage. (See prior related posting.) Apparently steel wheels are harder on cement roads like many in Mitchell County, than on asphalt roads that predominate in Howard County. Mitchell County suspended the ordinance for 60 days last fall during the harvest season.

Anti-Semitism Showing Reductions In Poland

Today's New York Times reports that Poland "is finally showing solid signs of shedding the rabid anti-Semitism of the past." There has been a small Jewish revival in Eastern Europe, with hundreds of Poles converting to Judaism or discovering Jewish roots that were hidden during World War II. The article focuses specifically on the story of Pawel, a former Nazi skinhead, who after discovering he and his wife both had Jewish grandparents has become an observant Orthodox Jew. Pawel says he is now studying to become a schochet, a a ritual kosher slaughterer of animals. He explained: "I am good with knives."

Recent Prisoner Free Exercise Cases

In Yoshiyah v. Norris, 2010 U.S. Dist. LEXIS 14176 (ED AR, Feb. 18, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 14386, Jan. 28, 2010) and dismissed claims by an inmate who was a member of the House of Yahweh who complained that he was denied various religious publications and that he could only watch religious videos alone on Wednesdays rather than with a group on Saturdays. He also complained about the quality of the vegetarian kosher diet that was available.

In Abdul-Aziz v. Ricci, 2010 U.S. Dist. LEXIS 14657 (D NJ, Feb. 19, 2010), a New Jersey federal district court allowed an inmate to proceed with claims relating to use of prayer oils and availability of Halal meals.

In Walker v. Dart, 2010 U.S. Dist. LEXIS 14638 (ND IL, Feb. 19, 2010), an Illinois federal district court refused to dismiss an pre-trial detainee's complaint that religious services were denied for nearly nine months in one part of the Cook County Jail.

In Wappler v. Kleinsmith, 2010 U.S. Dist. LEXIS 15322 (WD MI, Feb. 22, 2010), a Michigan federal district court allowed a now-released inmate to proceed only against certain of the defendants in their individual capacities on his claims that he was denied kosher meals, religious materials and the opportunity to participate in group religious services and that officials made membership in the Alliance for Jewish Renewal (ALEPH) a condition of his ability to practice Judaism, participate in Seder and Passover services.

In Shoucair v. Snacker, 2010 U.S. Dist. LEXIS 15551 (ED MI, Feb. 23, 2010), a Michigan federal district court adopted the magistrate's recommendations (2010 U.S. Dist. LEXIS 15634, Feb. 3, 2010) and dismissed claims by an inmate including an allegation that a correction officer assaulted him, motivated by prejudice against Islamic Caucasians.

In Roberson v. South Carolina Department of Corrections, 2010 U.S. Dist. LEXIS 16421 (D SC, Feb. 24, 2010), a South Carolina federal district court adopted a magistrate's recommendations
(2010 U.S. Dist. LEXIS 16370, Jan. 27, 2010) finding that an inmate failed to show how an alleged denial of "any Kairos sponsored religious feast [and/or] bread festival celebration" prevented him from practicing his religion, and did not claim that Kairos food or celebrations are part of any religious ritual or faith to which he subscribed.

No Compromise Found For Hutterite Drivers' Licenses

Last July, the Supreme Court of Canada upheld a requirement imposed by the province of Alberta that all drivers' licences contain a photo of the license holder. Hutterites had objected to the requirement on religious grounds. (See prior posting.) A report from yesterday's Calgary Herald says that months of discussions between the provincial government and the Hutterites have failed to work out a compromise. The photo-less licenses that were issued to Hutterite drivers while legal proceedings were pending are now mostly expiring. Sam Wurz, manager of the Three Hills Hutterite Colony, says that their current plan is to continue to drve without a license.

Controversy In Trinidad Over Aid To Prime Minister's Church

In Trinidad & Tobago, a bitter fight between Prime Minister Patrick Manning and his critics is underway involving the extent of government aid to a Christian church with which Manning has ties. Today's T&T Guardian reports that Manning delivered a strongly worded 53-minute statement to the Lower House of Parliament yesterday accusing his critics of persecuting the Full Gospel Fellowship Movement. Two issues have surfaced. One is the extent of government assistance in the construction of the Heights of Guanapo church. Manning says no government funds are being used in the construction, but that the land was given to the church just as the government has granted land over a number of years to many religious groups. T&T Express reports that, according to Manning, over the years the government has given millions of dollars of assistance to a wide variety of religious bodies. The other issue is Manning's relationship with Juliana Penna, leader of the Lighthouse of the Lord Jesus Christ Church. Manning has been consulting her as his spiritual advisor. (T&T Express.) Manning denied charges that government funds were used to pay for Penna's travel, and that she accompanied him on his trips. (T&T Express.)

Complaint Filed With EEOC Over Conflict Between Hijab and Abercrombie's Employee "Look Policy"

National Law Journal reports today on an EEOC complaint filed against Abercrombie & Fitch on behalf of Umme-Hani Kahn, a Muslim stockroom worker who was fired from Hollister (an Abercrombie subsidiary) because she insisted on wearing her hijab (headscarf). According to the complaint filed by CAIR (press release), Kahn was originally assured by local management in San Mateo, California, that she could wear her hijab so long it was in white, blue or gray. However several months later a district manager told Kahn that scarves and hats do not fit the company's "look". In September, the EEOC sued Abercrombie on behalf of a prospective employee in Tulsa, Okla., who was denied a sales position because her hijab violated the company's "look" policy. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Suit Charges Car Dealership With Employment Discrimination Against Sikh

A lawsuit filed in a New Jersey state court yesterday alleges that a Little Falls (NJ) Lexus dealership refused to hire plaintiff, a Sikh, because he was not willing to shave his religiously-mandated beard. The refusal came after plaintiff completed a two-day training course for potential sales employees. The complaint (full text) in Kherha v. Tri-County Lexus, (NJ Super. Ct., filed 2/25/2010), alleges that the dealership engaged in religious discrimination and that its refusal to accommodate plaintiff's religious practice violates the New Jersey Law Against Discrimination (NJSA Sec. 10:5-1 et. seq.). A press release today from the Sikh Coalition announced the filing of the lawsuit.

New Policy on Comments on Religion Clause Blog

Beginning with this morning's posts, I am turning off the Comment function on new postings on Religion Clause. In recent months, comments have largely become a lengthy colloquy between a small number of readers. While their views are robust, it has become an exchange that is so extensive that it calls for those readers to create their own forum for their debate rather than imposing me as an intermediary. I continue to invite readers who find factual errors in any posting, or who are personally involved in any of the matters discussed, to e-mail me about them.

Suit On Religious Use of Cannabis Dismissed On Ripeness Grounds

In Oklevueha Native American Church of Hawaii v. Holder, 2010 U.S. Dist. LEXIS 16123 (D HI, Feb. 23, 2010), an Hawaii federal district court dismissed on ripeness grounds a suit seeking a declaratory judgment that a church and its founder can grow, possess and distribute cannabis free from federal drug crime prosecution. Plaintiffs claimed that cannabis is used in their religion. The court found that the complaint does not allege any threat that the church or any of its members will be prosecuted for drug related offenses. The court also cautioned the attorney in the case about advising his client to submit an affidavit admitting to a possible drug crime, saying that the attorney may have a conflict in giving this advice because the declaratory judgment sought would benefit another of his clients.

Malaysian Professor Discusses Controversy Over Christians Using "Allah" For God

The American Muslim on Wednesday published an interview with Prof. Chandra Muzaffar, Malaysia's best known public intellectual, on the controversy over Christians in Malaysia using the term "Allah" for God in their Malay language publications. While saying there is nothing in Islam that prohibits the practice, he urged understanding of the fear by Malays that they are being turned into an economically subordinate community in their native country. He added:

I have been pushing for the setting up of a National Consultative Council for Religious Harmony, as an official body or mechanism to promote dialogue between the different religious communities in Malaysia. Such a council can deal with issues like this ongoing controversy.... Lamentably, the muftis of the different states in Malaysia have consistently opposed the setting up such a council, on the specious grounds that it would mean Islam being treated at par with the other religions although Islam is the religion of the Malaysian Constitution.

Court Says School Can Insist Valedictorian Remove Religious References From Talk

A Montana trial court this week upheld the action of Butte High School officials in refusing to let one of the class' ten valedictorians speak at her 2008 graduation when she refused to remove religious references from her remarks. Yesterday's Billings Gazette reports that officials asked Renee Griffith to replace the words "Christ and his joy" with "my faith" and "from God with a passionate love for him" with the words "derived from my faith and based on a love of mankind." The court concluded that the school board policy barring religious references in graduation speeches is a policy applied even handedly to all students in order to maintain the religious neutrality required by the Establishment Clause. Griffith's attorney plans to appeal the decision to the Montana Supreme Court, arguing that Griffith was not going to be speaking on the school's behalf, but wanted to express her own personal beliefs.

White House Official To Meet With Secular Coalition Members

This morning, Tina Tchen, the director of the White House Office of Public Engagement along with representatives from the Justice Department and the Department of Health and Human Services are scheduled to meet with the Secular Coalition for America. According to McClatchy Newspapers, some 60 individuals from the Coalition's ten member groups will be at the meeting being held at the Eisenhower Executive Office Building next to the White House. The President is not expected to make an appearance. Attendees want to raise three issues with administration officials: child medical neglect, proselytizing in the military and faith-based initiatives.

Court Finds No Meeting of the Minds on "Mahr"

In Obaidi v. Qayoum, (WA App., Feb. 23, 2010), a Washington state appellate court refused to enforce a mahr-- a prenuptial agreement based on Islamic law that provides an immediate and long-term dowry to the wife. When the couple's marriage was dissolved after 13 months, the wife claimed she was entitled to $20,000 under the terms of the mahr. However the court concluded, applying neutral principles of contract law, that the parties had not entered a valid agreement. The court said in part:

A valid contract requires a meeting of the minds on the essential terms.... Mr. Qayoum was not told that he would be required to participate in a ceremony that would include the signing of a mahr until 15 minutes before he signed the mahr. Here Mr. Qayoum was unaware of the terms of the agreement until they were explained to him by an uncle after the mahr had been signed. The negotiations preceding the execution of the agreement were conducted in Farsi. Also, the document was written in Farsi which Mr. Qayoum does not read, write, or speak.... Because Mr. Qayoum could not speak, write, or read Farsi, there was no meeting of the minds as to the terms of the mahr agreement. In addition, the court indicated that the agreement was influenced by duress.

[Thanks to Volokh Conspiracy for the lead.]