MRFF Charges New Religious Freedom Problems At Air Force Academy

The Military Religious Freedom Foundation announced yesterday that it has sent a letter (full text), co-signed by the heads of nine other groups, to the Secretary of Defense making three demands for changes to deal with the allegedly worsening situation involving Christian proselytizing at the Air Force Academy.  The letter asks that the Air Force release its most recent Climate Survey of cadets and staff at the Air Force academy. The voluntary survey asks about the religious environment at the Academy. Second, the letter asks that the Defense Department begin an investigation of "Cadets for Christ" and other proselytizing organizations. Third, the letter demands that the Defense Department investigate the Air Force Academy's "incontrovertible and unconstitutional establishment of a fundamentalist Christian culture/ meme amongst its cadet and staff populations." The letter claims that there is an "underground" group of over 100 cadets at the Academy who are pretending to be fundamentalist Christians merely in order to remain in good standing with their peers and superiors. (See prior related posting.)

Obama Tells Audience Why He Is A Christian

As reported by the New York Times, President Obama continues his series of stops in back yards in various parts of the country in the run up to the mid-term elections. Today, in New Mexico, he was asked by one questioner : "Why are you a Christian?" Here is the CBN News transcript of his answer (the article also includes a video of the Q&A and a transcript of his response in the Q&A to a question about abortion rights):

I’m a Christian by choice. My family didn’t ... frankly, they weren’t folks who went to church every week. My mother was one of the most spiritual people I knew, but she didn’t raise me into church. I came to my Christian faith later in life. ... It was because the precepts of Jesus Christ spoke to me in terms of the kind of life I would want to lead. Being by brother’s keepers ... treating others as they would treat me ... also understanding that Jesus Christ dying for my sins spoke to the humility we all have to have as human beings. ... We’re sinful, and we’re flawed, and we make mistakes, and we achieve salvation through the grace of God. ... We can still see God in other people and do our best to help them find their own grace. So that’s what I strive to do and pray to do every day. ... I think my public service is a part of that effort to express my Christian faith.

But the one thing I want to emphasize ... as President of the United States, I’m also someone who deeply believes part of the bedrock strength of this country is that it embraces people of many faiths and of no faiths. This is a country that is still predominantly Christian, but we have Jews, Muslims, Hindus, atheists, agnostics, Buddhists, and their own path to grace is one that we have to revere and respect as much as our own, and that’s part of what makes our country what it is.

Egypt's Coptic Leader Apologizes For Bishop's Questioning of Qur'anic Verses

The leader of Egypt's Coptic Christian Church, Pope Shenouda III, in an interview aired on Egypt's state-run television Sunday apologized to Muslims for remarks made recently by the church's top bishop. Al-Azhar criticized Bishop Bishoy for provoking sectarian tension after Egyptian media quoted him as suggesting that verses in the Qur'an disputing the divine nature of Jesus were inserted after the death of the Prophet Muhammad. Daily News Egypt reports that Egypt's ambassador in Cyprus also raised the issue directly with Bishoy. The bishop has also contributed to rising tensions between Muslims and Copts by telling a newspaper last week that Muslims are only guests in Egypt. Egypt was majority Christian before the 7th century. Pope Shenouda said in his interview that it is now Christians who are guests since Muslims are the majority. Thousands of Muslims demonstrated Friday against Bishoy's statements and Al-Ahzar's Islamic Research Center held an emergency meeting to condemn the statements.

Pew Survey On Religious Knowledge Shows Confusion Over Religion In Schools

The Pew Forum yesterday released the results of a survey on U.S. Religious Knowledge (Executive Summary, Full Report). The survey of 3,412 Americans asked questions about the Bible, Christianity, Judaism, Mormonism, world religions, religion in public life and atheism. The groups scoring highest on the survey were atheists and agnostics, Jews and Mormons.  Here is the Report's summary of knowledge on church-state issues:

The survey also finds widespread confusion over the line between teaching and preaching in public schools.... [T]he single question that respondents most frequently get right is whether U.S. Supreme Court rulings allow teachers to lead public school classes in prayer. Nine-in-ten (89%) correctly say this is not allowed. But among the questions most often answered incorrectly is whether public school teachers are permitted to read from the Bible as an example of literature. Fully two-thirds of people surveyed (67%) also say "no" to this question, even though the Supreme Court has clearly stated that the Bible may be taught for its "literary and historic" qualities, as long as it is part of a secular curriculum. On a third question along these lines, just 36% of the public knows that comparative religion classes may be taught in public schools. Together, this block of questions suggests that many Americans think the constitutional restrictions on religion in public schools are tighter than they really are.

The question on which respondents scored worst was identifying the religion of Maimonides. Only 8% knew he was Jewish.  Today's New York Times reports on the survey.

Property Tax Exempt As Parsonage, But Not As Property Use Exclusively For Religious Purposes

In Rockland Hebrew Educational Center, Inc. v. The Village of Spring Valley, (NY Sup Ct, Sept. 8, 2010),  a Jewish religious educational organization challenged a village's refusal to renew the tax exemption for its property. A New York trial court held that the village carried its burden of showing that the property was not entitled to a tax exemption as real property owned by a religious or educational institution and used exclusively for those purposes. The exemption was unavailable because the organization was also using the property in violation of the zoning code by conducting religious services there. However the property is entitled to an exemption for property owned by a religious organization and used as a parsonage by its clergy.

Cert Filed In Challenge To Inauguration Oath and Prayers

Yesterday a Petition for Certiorari (full text) was filed with the U.S. Supreme Court asking it to review the D.C. Circuit's decision in Newdow v. Roberts. In the case, the majority of a 3-judge appeals court panel held that plaintiffs lacked standing to bring an Establishment Clause challenge to prayer and use of "so help me God" in the oath at Presidential inauguration ceremonies. The panel also held that the challenge was now moot. (See prior posting.) [Thanks to Bob Ritter for the lead.]

More Recent Prisoner Free Exercise Cases

In James v. Hayden, 2010 U.S. Dist. LEXIS 99205 (SD NY, Sept. 21, 2010), a New York federal district court dismissed an inmate's claim that a group strip search violated his free exercise rights and his rights under RLUIPA, finding insufficient evidence of a substantial burden on plaintiff's religious beliefs.


In Garcia v. Clark, 2010 U.S. Dist. LEXIS 98973 (ED CA, Sept. 20, 2010), a California federal magistrate judge permitted a Jewish inmate to move ahead with his claim against most of the defendants alleging that his free exercise rights and his rights under RLUIPA were violated when authorities took away accommodations that permitted him to take his kosher meal back to his cell to eat to avoid harassment.


In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 99182 (WD LA, Sept. 20, 2010), a Louisiana federal district court followed up on its earlier determination that denying plaintiff access to Nation of Islam's newspaper "The Final Call" violated the 1st Amendment and RLUIPA. In this decision, the court awarded nominal damages, denied punitive damages and awarded attorneys fees of over $100,000.


In Roberts v. Cox, 2010 U.S. Dist. LEXIS 98780 (D NV, Aug. 31, 2010), a Nevada federal magistrate judge permitted plaintiff to proceed with most of his free exercise and RLUIPA claims alleging that prison policies made it more difficult for blacks who purported to follow the Jewish faith to practice their religion than it did for white Jews. Among the policies were a requirement that a person be recognized a Jewish by an outside Jewish organization before the individual can receive kosher meals. Plaintiff also claimed that authorities cancelled Jewish services during Ramadan to accommodate Muslim prisoners.


In Mack v. Danforth, 2010 U.S. Dist. LEXIS 99094 (MD GA, Sept. 21, 2010), a Georgia federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 99095, July 13, 2010) and permitted plaintiff to proceed against against two of the named defendants on his claim that he was denied a religiously mandated vegan diet.


In Burkes v. Hamilton County, 2010 U.S. Dist. LEXIS 99830 (SD IL, Sept. 23, 2010), an Illinois federal district court dismissed a claim by an inmate who objected to being required to remain in his 8-person jail cell during Christian religious services that are held in the cell as requested by one or more other prisoners in his cell.


In Collins v. Bruno, 2010 U.S. Dist. LEXIS 99337 (D CT, Sept. 15, 2010), a Connecticut federal district court rejected an inmate's claim that his free exercise rights and rights under RLUIPA were violated when authorities rejected his request for halal meat for meals on two Muslim holidays.


In Muhammad v. Sisto, 2010 U.S. Dist. LEXIS 99842 (ED CA, Sept. 10, 2010), a California federal magistrate judge rejected a Muslim inmate's motion for a temporary injunction to transfer him from state to federal custody because state officials allegedly interfered with his ability to fast for Ramadan in 2008.


In Serna v. Wells, 2010 U.S. Dist LEXIS 99433 (SD GA, Sept. 21, 2010), a Georgia federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 99375, Aug. 31, 2010), and dismissed plaintiff's claims seeking to have the Bureau of Prisons make kosher meals available, holding that a habeas corpus proceeding is not the correct form of action to use to challenge conditions of confinement.

Church Loses RLUIPA Claim On Special Use Permit

In Grace Church of Roaring Fork Valley v. Board of County Commissioners of Pitkin County, Colorado, 2010 U.S. Dist. LEXIS 99950 (D CO, Sept. 20, 2010), a Colorado federal district court rejected RLUIPA and 1st Amendment challenges to the denial of an application for special review use of a church's property. Several years after the denial and on the eve of trial, the county reversed its decision and permitted construction of the church facilities. The church claimed it was still entitled to damages. The court concluded that no reasonable juror could find that the Commissioners' statements and questions at the hearings on the permit demonstrated a hostility toward religious use. Also, the permit denial imposed only an incidental burden on religion.

Court Dismisses 1st Amendment, But Not Statutory, Challenge To Vaccination Requirement

In Caviezel v. Great Neck Public Schools, 2010 U.S. Dist. LEXIS 100451 (ED NY, Sept. 24, 2010), a New York federal district court held that the First Amendment does not give religious objectors the right to an exemption from New York's mandatory vaccination law for school children. The court however refused defendants' motion to dismiss plaintiffs' claim that New York's Public Health Law entitles parents with a sincere religious objection to have their children exempted from vaccination requirements. (See prior related posting.)

Bill Would Amend Title VI To Include Ban On Religious Discrimination In Schools Receiving Federal Funds

Title VI of the 1964 Civil Rights Act currently prohibits denying participation in any program receiving federal financial assistance  based on "race, color or national origin." Senator Arlen Specter and Rep. Brad Sherman announced on Friday that they were introducing bills to amend Title VI to also ban discrimination on the basis of religion in order to protect Jewish, Muslim and Sikh students from harassment at schools and colleges receiving federal funds. The House version is HR 6216. The bill is a reaction to the position taken by the Department of Education's Office of Civil Rights that Title VI does not apply to anti-Semitic harassment of Jewish students, and by implication members of other groups that have both religious and ethnic characteristics. (See prior related posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Recent Articles of Interest

From SSRN:

• Barbara P. Billauer, Human Reproductive Cloning: The Intersection of Kaballa, the Bible and Biology - Parable, Exegesis and Modern Science, (September 22, 2010).
• Barbara P. Billauer, Human Reproductive Cloning: Science, Jewish Law and Metaphyics, (September 20, 2010).
• Sean Rehaag, Bordering on Legality: Canadian Church Sanctuary and the Rule of Law, (Refuge, Vol. 26, No. 1, p. 43, 2009).
• Geoffrey P. Miller, The Book of Judges: The Hebrew Bible’s Federalist Papers, (NYU School of Law, Public Law Research Paper No. 10-66, Sept. 23, 2010).
• Nomi Maya Stolzenberg, Taking Blessings Seriously: A Comment on Ronald R. Garet's 'to Secure the Blessings', (USC Law Legal Studies Paper No. 10-1 (Sept. 23, 2010).
• Andrew F. March, Anwar Al-'Awlaqi Against the Islamic Legal Tradition, (Yale Law School, Public Law Working Paper; Islamic Law and Law of the Muslim World Paper. Sept. 23, 2010).

From SmartCILP:

• Shelly Kreiczer-Levy, Religiously Inspired Gender-Bias Disinheritance--What's Law Got to Do With It?, 43 Creighton Law Review 669-692 (2010).
• Jesse Merriam, Establishment Clause-Trophobia: Building a Framework for Escaping the Confines of Domestic Church-State Jurisprudence, 41 Columbia Human Rights Law Review 699-764 (2010).
• Symposium. [Intelligent Design .] Foreword by Hosea M. Horneman; articles by John H. Calvert, Johnny Rex Buckles, Casey Luskin, Edward Hawkins Sisson and Barbara Ruth Mouly. 3 Liberty University Law Review 203-574 (2009).

Recent Prisoner Free Exercise Cases

In Lee v. Johnson, 2010 U.S. Dist. LEXIS 97703 (WD VA, Sept. 17, 2010), a Virginia federal district court permitted an inmate to move ahead with several claims alleging that House of Yahweh inmates were not given the opportunity to meet together for religious services and practice their religion in other ways. However claims against the prison chaplain were dismissed because it was not shown that he was a state employee.


In Watson-El v. Wilson, 2010 U.S. Dist. LEXIS 97481 (ND IL, Sept. 15, 2010), an Illinois federal district court rejected an inmate's claim that prison rules that prevented transfer of funds between inmates violated his free exercise rights by preventing him from purchasing certain religious items.


In Rider v. Yates, 2010 U.S. Dist. LEXIS 97528 (ED CA, Sept. 3, 2010), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that prison authorities had wrongfully seized religious artifacts sent as a donation to the prison's Left-Hand Path Pagan Group.


In East v. California Department of Corrections, 2010 U.S. Dist. LEXIS 97616 (ED CA, Sept. 1, 2010), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that his free exercise rights were infringed when a correctional officer failed to deliver him his personal property, which included a Bible.


In  Blanco v. Bralower, 2010 U.S. Dist. LEXIS 97436 (D NV, Aug. 24, 2010), a Nevada federal magistrate judge concluded that an inmate failed to state a free exercise claim when he complained that correctional officers interrupted his prayers by making noise when they passed his cell.


In Countryman v. Nevada, 2010 U.S. Dist. LEXIS 98033 (D NV, Aug. 26, 2010), a Nevada federal magistrate judge permitted an inmate to proceed with a claim that his rights under the 1st Amendment and RLUIPA were infringed when he was prevented from attending church services while in protective segregation.


In Pilgrim v. Artus, 2010 U.S. Dist. LEXIS 97971 (ND NY, Sept. 17, 2010), a New York federal district court adopted the recommendations of a magistrate judge (2010 U.S. Dist. LEXIS 97978, March 17, 2010) and allowed an inmate who was a member of Nation of Islam to proceed with his challenge to prison grooming rules that did not permit him to wear his hair in dreadlocks.  Plaintiff's desire to wear his hair in dreadlocks flowed from his personal religious faith and not from tenets of Nation of Islam. The court limited plaintiff to non-monetary remedies.

Texas State Board of Education Condemns Supposed Pro-Islamic Distortions In Textbooks

At its Sept. 24 meeting, the Texas State Board of Education approved, by a vote of 7-6, a resolution (full text) condemning supposed "pro-Islamic/ anti-Christian distortions in Social Studies texts." The resolution cites textbooks that devote more lines to Muslim than Christian beliefs and practices and claims "patterns of perjoratives toward Christians and superlatives toward Muslims", "politically correct whitewashes", and "sanitized definitions of 'jihad'". A release from the Texas Freedom Network says that 3 Democrats and 3 Republicans voted against the resolution, but the "board's far right members ... voted as a bloc to pass it." (See prior related posting.) Friday's Houston Chronicle reported on the Board's action.

Christian Missionaries Acquitted of Most Charges Growing Out of Dearborn Arab Festival

According to the Detroit Free Press, a jury in Dearborn, Michigan on Friday acquitted four Christian missionaries, members of a group called Acts 17 Apologetics, of breach of the peace charges growing out of their activities at this year's Dearborn Arab International Festival. One of the defendants, however, was convicted of failure to obey a police officer's order.  The four were videotaping themselves proselytizing Muslims at the festival. Dearborn mayor Jack O'Reilly Jr. says the four were attempting to raise money through publicity on YouTube. O'Reilly added: "It's really about a hatred of Muslims. That is what the whole heart of this is. ... Their idea is that there is no place for Muslims in America. They fail to understand the Constitution." (See prior related posting.)

Ft. Bragg Christian Concert Draws Church-State Objections

"Rock the Fort", a festival of Christian music and other activities, apparently went on as scheduled yesterday at Ft. Bragg, North Carolina despite a call by Americans United for the Army to cancel the event.  In a letter to the Secretary of the Army (full text), AU argued: " 'Rock the Fort' is not an event designed to minister to the needs of soldiers unable to otherwise access religious services; rather, it is an event designed to proselytize soldiers and community members into the worship of Jesus Christ. The Army has, thus, overstepped the constitutional line by sponsoring the event." According to yesterday's Fayetteville (NC) Observer, the event, sponsored by the Billy Graham Evangelistic Association, is for the first time open to the public who live off the Army base. (BGEA press release). Area Christian churches are helping with the event.  While Rock the Fort concerts have been held at other military bases, this one garnered particular attention as CNN covered the plans. Responding to objections also raised by the Freedom from Religion Foundation (press release and letter to Commander), Ft. Bragg's commander says he has taken steps to assure that no soldier is pressured to attend the event.

TSA OKs Carrying Lulav and Etrog On Planes

We are currently in the midst of the week-long Jewish festival of Sukkot.  The federal Transportation Security Administration has issued a press release assuring Jewish travelers that they will be able to bring the traditional lulav and etrog on airplanes.  TSA said:

Observant Jewish travelers may carry four plants – a palm branch, myrtle twigs, willow twigs, and a citron – in airports and through security checkpoints. These plants are religious articles and may be carried either separately or as a bundle. Jewish travelers may be observed in prayer, shaking the bundle of plants in six directions.

TSA’s screening procedures do not prohibit the carrying of such agricultural items through the airport or security checkpoints, or on airplanes.

[Thanks to Michael Lieberman for the lead.] 

Today Is 3rd Annual Pulpit Sunday Challenging IRS Restrictions On Church Political Activity

Today is Alliance Defense Fund's 3rd annual Pulpit Sunday in which pastors around the country will defy IRS limitations on partisan political activity by non-profit groups, including churches.  An ADF news release issued Thursday says the group expects 100 pastors to participate by preaching sermons today setting out Biblical perspectives on the positions of electoral candidates or current government officials. ADF attorney Erik Stanley said: "The IRS should not be used as a political tool to advance the agenda of radical groups bent on silencing the voice of the Church and inhibiting religious freedom." Americans United for Separation of Church and State argues, however, that: "Federal tax law doesn’t hinder anyone’s 'free speech.' It merely requires that all organizations that receive a 501(c)(3) tax exemption operate as religious, educational or charitable entities, not political action committees." AU plans to report to the IRS any violations it learns of.

Ministerial Exception Precludes ADA Claim

In McNeil v. Missouri Annual Conference of the United Methodist Church, (WD MO, Sept. 20, 2010), a Missouri federal district court held that under the "ministerial exception" doctrine it will not second guess hiring decisions made by religious institutions. The court rejected plaintiff's claim of disability discrimination under the Americans With Disabilities Act.  She alleged that the United Methodist Church refused to appoint her as an ordained minister because of her physical health.

Requiring Christian School To Obtain Use Permit Did Not Violate RLUIPA

In County of Los Angeles v. Sahag-Mesrob Armenian Christian School, (CA App., Sept. 22, 2010), a California state appellate court held that RLUIPA was not violated by the county's insistence that a Christian High School obtain a conditional use permit and comply with environmental laws in order to operate.  The denial of a waiver to permit the school to continue to operate while the permit application was pending neither imposed a substantial burden on the school's exercise of religion, nor did it violate the "equal terms" provisions of RLUIPA.

Faith-Based Head In Bush White House Says Obama Is Politicizing The Office

Jim Towey, director of faith-based initiatives in the George W. Bush White House, writes an op-ed column in today's Wall Street Journal criticizing what he sees as the politicization of the office in the Obama White House.  He focuses on a conference call to leaders of faith based and community groups last Tuesday by the President and his director of faith-based initiatives urging them to help explain the advantages of the Obama health care plan to their constituencies. Towey says:

Mr. Obama is within his legal rights to engage our country's spiritual leaders in his effort to sell health-care reform. But he should not use the White House Office of Faith-based and Neighborhood Partnerships to do If he cannot restore its focus to promoting successful programs that serve our country's poor, then he should do the decent thing and close the faith-based initiatives office.

GOP Pledge To America Includes Some Promises On Issues of Religious Concern

On Thursday, House Republicans released their agenda as the November elections approach.  Titled A Pledge to America (full text), the document deals primarily with economic issues, health care, defense and restoring trust in government. The Pledge does however contain this mention of religious issues:

We pledge to honor families, traditional marriage, life, and the private and faith-based organizations that form the core of our American values.

In the section detailing plans to "repeal and replace" President Obama's health care plan, the document complains that the current law is inadequate to assure that taxpayer funds are not used to pay for abortions.  It promises to create a government-wide prohibition on use taxpayer funding of abortion and of subsidies for abortion services. It also pledges to enact conscience protections for health care providers.

Israeli Court Says Tenant Can Build Sukkah In Apartment Building Courtyard Over Owners' Objections

Tonight begins the Jewish holiday of Sukkot.  In Israel, a Magistrate's Court in Tel Aviv on Monday issued an interim injunction permitting tenants in an apartment building to build a Sukkah-- the traditional temporary hut erected for the holiday-- in an apartment building's courtyard over the objections of the apartment building's owners. According to Haaretz, the owners objected arguing that the Sukkah disturbed other tenants and damages the apartment house's garden. The court said that Israeli precedents permit tenants to make "customary and appropriate" use of public spaces in apartment buildings." [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Res Judicata Bars Free Exercise Challenge To Taking of Cemetery for O'Hare Expansion

In City of Chicago v. St. John's United Church of Christ, (IL App., Sept. 16, 2010), an Illinois appellate court held that res judicata bars the living relatives of individuals buried in Chicago's St. Johannes Cemetery from challenging the condemnation of the cemetery to expand O'Hare Airport.  The relatives claimed that their religious rights were infringed by disturbing the graves of their loved ones. The court held that rejection of virtually identical claims in a federal case brought by one of the relatives of those buried in the cemetery barred the claim because the initial plaintiff was an adequate representatives of all relatives. (See prior related posting.)

Libraries Ban 16-Year Old For Proselytizing Patrons

Yesterday's Columbus, Georgia Ledger-Enquirer reports that the Chattahoochee Valley (GA) library system has told a 16-year old boy that he is banned from all the system's libraries for six months because his proselytizing of library patrons is disruptive to conducting library business. Patrons complained about being approached by Caleb Hanson to repeatedly ask them about their religious faith and to offer biblical advice. Caleb ignored several warnings to stop.  A letter (full text) sent to the boy's parents from the North Columbus (GA) library says that if he returns sooner than that to the libraries, this will constitute criminal trespass. Caleb is home schooled. His mother said that last year he  "had a real encounter with the Lord" and now wants to witness for the Lord.

Prominent Georgia Pastor Charged In Lawsuit With Sexual Abuse of Young Male Church Members

CNN reported yesterday that a lawsuit has been filed in a Georgia state court against a prominent Atlanta pastor by two men alleging that the preacher used his spiritual authority to coerce young male members and employees of his church into sexual relationships.  The suit claims that pastor Eddie Long, considered one of the leading black preachers in the U.S., chose plaintiffs and other to be his "Spiritual Sons", presiding over a spiritual "covenant" ceremony between them. Plaintiffs say they were given cash and lavish gifts by Long and by the church. Long's New Birth Missionary Baptist Church has more than 25,000 members and was the site of Coretta Scott King's funeral in 2006. Long is known for frequently denouncing homosexual behavior.

Today Is 10th Anniversary of RLUIPA

Today is the 10th anniversary of President Clinton's signing into law the Religious Land Use and Institutionalized Persons Act. The Justice Department yesterday announced the release of a Report (full text) to mark the occasion.  The report outlines the Department's enforcement record under the statute which, as summarized by DOJ: "protects places of worship and other religious uses of property from discrimination and unreasonably burdensome regulation in zoning and landmarking law, and also protects the religious freedom of persons confined to institutions such as prisons, mental health facilities and state-run nursing homes." The Becket Fund's RLUIPA.com website has links to the full legislative history of RLUIPA.

EEOC Suit Claims Hiring Discrimination Against Rastafarian

The EEOC has filed a lawsuit in a Virginia federal district court against Lawrence Transportation System of Waynesboro, Virginia, on behalf of a Rastafarian job applicant who claims he was denied employment because he wears his hair in dreadlocks. Yesterday's News Virginian reports that the lawsuit seeks back pay and punitive damages for Christopher Woodson as well as a change in company policies. The the company rejected Woodson's offers to tie, wrap or cover his hair.

Vatican Bank Officials Targeted In Money Laundering Investigation

AP reported yesterday that top officials of the Vatican's Institute for the Works of Religion-- the Vatican Bank-- are under investigation by Italian financial police in an investigation of money laundering.  Authorities seized $30 million from a Vatican bank account at the Rome branch of Credito Artigiano Spa as the funds were awaiting transfer to accounts at JP Morgan and Banca del Fucino.  Apparently the Vatican bank had failed to inform authorities of the source of the funds. The Vatican Bank primarily manages funds destined for religious or charitable works, but also manages the pension system for the Vatican's employees. Generally only Vatican employees, religious orders and those who transfer funds to the Pope's charities can have accounts at the bank. The Vatican said it was perplexed and surprised by the money laundering investigation.

Did White House Medal of Honor Ceremony Conform To Air Force Guidelines On Chaplains' Prayers?

The White House ceremony yesterday (video and transcript of President's remarks) awarding the Medal of Honor posthumously to Chief Master Sergeant Richard L. Etchberger began with an invocation by Air Force Deputy Chief of Chaplains, Brigadier General David H. Cyr.  Cyr ended his invocation with the words: "in Your holy and wonderous name we pray."  The President thanked Cyr for his "wonderful invocation."  Cyr's closing benediction at the ceremony did not end with similar references, but only with "Amen and Amen."  All of this is worthy of remarking only because of the widely publicized controversy in 2006 over whether Christian Air Force chaplains could invoke Jesus' name in public prayers at military ceremonies. (See prior posting). Presumably the phrase "in Your holy name" is equivalent to invoking Jesus' name.  Revised Interim Air Force Guidelines issued in 2006 (full text) provide: "non-denominational, inclusive prayer or a moment of silence may be appropriate for military ceremonies or event of special importance when its primary purpose is not the advancement of religious beliefs." 


A House-Senate Conference Report on the Defense Authorization Act in 2006 contained a statement by the conferees (but not as part of the law) directing the Secretary of the Air Force to rescind the 2006 Interim Guidelines. The conferees also directed the Air Force to reinstate Policy Directive 52-1, but that directive does not deal with the issue of sectarian prayer at public ceremonies. To further complicate the matter, as reported by God and Country blog, the Air Force reprinted a summary of the 2006 Guidelines in a 2007 edition of Airman's Roll Call-- suggesting that the Interim Guidelines are still in force. Presumably Chaplain Cyr's closing in his benediction during the White House ceremony is not "non-denominational." Interestingly, the coverage of the ceremony on the White House website includes a video of the entire ceremony including Chaplain Cyr's invocation and benediction, but the printed transcript that accompanies it includes only the President's remarks.

More Recent Prisoner Free Exercise Cases

In McCroy v. Douglas County Corrections Center, (8th Cir., Sept. 14, 2010), the 8th Circuit Court of Appeals rejected a Muslim prisoner's complaint that during a search for extra unauthorized linens, officers confiscated a towel he used as a prayer rug and a copy of the Koran, and that the items were not returned to him for two weeks.

In Anderson v. Craven, 2010 U.S. Dist. LEXIS 96058 (D ID, Sept. 14, 2010), an Idaho federal district court rejected an inmate's challenge to the Therapeutic Community program as being religious in nature. 


In Colvin v. Martin, 2010 U.S. Dist. LEXIS 96196 (WD MI, Sept. 15, 2010), a Michigan federal district court rejected defendants' claims of qualified immunity in a prisoner's suit complaining about authorities' refusal to reinstate him to the Kosher meal program. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 96266, Aug. 16, 2010.


In Strope v. Cline, 2010 U.S. Dist. LEXIS 96571 (D KA, Sept. 15, 2010), a Kansas federal district court rejected an inmate's claim that his rights under the free exercise clause and RLUIPA were violated when authorities removed beef, tomatoes and cucumbers from the "common fare" diet and frequently served peanut butter.


In LaPointe v. Walker, 2010 U.S. Dist. LEXIS 96776 (SD IL, Sept. 15, 2010), a Christian inmate who kneels and prays once a day was using a rug to do so because of his arthritis. In 2006 his rug was confiscated during a compliance check because prayer rugs are required by the Muslim faith but are not a component of Christianity.  An Illinois federal magistrate judge rejected plaintiff's free exercise, equal protection and RLUIPA claims concluding that the lack of a prayer rug did not substantially burden plaintiff's free exercise of religion.


In Rosenberg v. Lappin, 2010 U.S. Dist. LEXIS 96771 (CD CA, Sept. 14, 2010), a federal court adopted a magistrate's recommendation (2010 U.S. Dist LEXIS 96602, Sept. 10, 2010) and dismissed plaintiff's claim that his rights were infringed when he was temporarily suspended from his kosher diet after a report that he had not complied with the terms of the program. Plaintiff was given leave to amend to allege undue delay in restoring him to the program.


In Alster v. Goord, 2010 U.S. Dist. LEXIS 96793 (SD NY, Sept. 10, 2010), a New York federal district judge rejected a Jewish inmate's free exercise and RLUIPA claims that an officer refused to transport him to one religious service and that his Kosher meals were repetitive, improperly handled, sometimes forgotten, and not provided in the clinic.


In Laird v. Sibbett, 2010 U.S. Dist. LEXIS 97373 (D UT, Sept. 16, 2010), a Utah inmate convicted repeat sex offenses against children argued that the Parole Board had impermissibly considered his religious beliefs and his desire to become a minister, and argued that the Parole Board gives preference to members of the Church of Jesus Christ of Latter Day Saints. A Utah federal district court found no evidence that plaintiff's conflicts with Sex Offender Treatment Program personnel and the Parole Board were religious in nature.


In Taylor v. Ozmint, 2010 U.S. Dist. LEXIS 97202 (D SC, Sept. 16, 2010), a South Carolina federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 97278, Aug. 9, 2010) and rejected an inmate's complaint that his free exercise rights and his rights under RLUIPA were infringed by the Department of Corrections policy that prohibits inmates in the Special Management Unit from receiving newspapers, magazines or books through the mail.

Confession To Pastor Not Privileged After Warning That Authorities Would Be Told

In a Montana trail court decision handed down in May and just now becoming available on LEXIS, the court refused to suppress evidence of a confession by defendant made to a pastor of Faith Chapel. Defendant Jeffrey Hardman came to the pastor before going to police to turn himself in, telling the pastor that he was fearful whether God could forgive him for the mistakes he made including his responsibility for the death of Michael Blattie when defendant's gun discharged in a fight with Blattie. In State v. Hardman, 2010 Mont. Dist. LEXIS 209 (MT Dist. Ct., May 21, 2010), the court concluded that the pastor's report to police of the confession was admissible because the pastor told defendant before he began to confess that if he was disclosing anything illegal the pastor was obligated to notify authorities. The court concluded that the confession's confidentiality was not protected by the church's "course of discipline" and that in any event Hardman's making of the confession after being warned that the pastor would go to authorities amounted to a waiver of the privilege under Montana law for confessions made to clergy "in the individual's professional character in the course of discipline enjoined by the church to which the individual belongs."

Court Dismisses Complaint That Charter School Undercut Familial Religious Fasting Practice

In Meadows v. Lesh, 2010 U.S. Dist. LEXIS 97631 (WD NY,Sept. 17, 2010), a parent sued a charter school for religious discrimination alleging that the school principal undercut the request by the mother of a  school child that the school respect their "familial religious practice" of fasting from 7 a.m. to 4 p.m. by excusing the child from the cafeteria during lunch. Apparently the fasting was in observance of Lent. The pro se complaint claims that the school prevented the mother from picking the child up during lunch and that the principal isolated the child and presented her with food.  A New York federal magistrate judge dismissed the complaint with leave to refile, holding that it failed to allege that defendants were acting under color of state law and questioned whether charter schools are state actors. The court also concluded that "plaintiff's general reference to a 'familial religious practice', without an explanation of the role and importance of fasting to this religion, is insufficient to allege a sincerely held religious belief."

9th Circuit: Christian Student Lacks Standing To Challenge College's Sexual Harassment Policy

In Lopez v. Candaele, (9th Cir., Sept. 17, 2010), the 9th Circuit Court of Appeals held that a Christian student at Los Angeles City College lacks standing to challenge the school's sexual harassment policy.  A speech professor interrupted and verbally attacked the student during a speech in which the student expressed religious opposition to same-sex marriage. The court concluded that there was never any credible threat to apply the sexual harassment policy to discipline the student for expressing his views. Courthouse News Service reports on the decision. (See prior related posting.)

Suit Challenges Lord's Prayer At Borough Council Meetings

The ACLU of New Jersey announced yesterday that it had filed a lawsuit in state court against the Borough Council of  Point Pleasant Beach, New Jersey challenging its practice of opening Council meetings with the recitation of the Lord's Prayer.  The complaint (full text) in Cadalzo v. Borough of Point Pleasant Beach, (NJ Super. Ct., filed 9/20/2010), alleges that at each council meeting the city clerk invites the audience to stand for the flag salute and Lord's Prayer, followed by the clerk making the sign of the cross. (Recording of prayer at council meeting.) A Catholic priest led the prayer during the first Council meeting of the year.  The lawsuit  asks the court to determine that Council's prayer practices violate the Establishment Clause of New Jersey's Constitution, Art. I, Sec. 4. Plaintiff also filed a brief (full text) in support of her motion for a preliminary injunction.

Condition of Suspended Sentence Does Not Violate Free Exercise Rights

In State of New Hampshire v. Perfetto,(NH Sup. Ct., Sept. 17, 2010), the New Hampshire Supreme Court held that the conditions imposed on the suspended sentence of defendant who was convicted of child pornography did not violate his right to the free exercise of religion.  Defendant was required to have no contact with minors under the age of 17. He sought to have the court modify the condition so that he could attend meetings at a Jehovah's Witnesses congregation. The court refused, observing that the condition was a neutral one that applies elsewhere as well.  Defendant is still free to practice his religion in many other ways.

Erskine College Lawsuit Over Presbyterian Church's Right To Replace Trustees Is Settled

AP reported last week that the lawsuit against General Synod of the Associate Reformed Presbyterian Church brought by the Alumni Association and three trustees of Erskine College in Due West, South Carolina (see prior posting) has now been settled. The suit was filed to challenge the attempt by the Church to replace the College's board of trustees. The suit is being withdrawn following a compromise worked out in June at a meeting of the General Synod.

Texas State Board of Education Will Consider Resolution on Anti-Christian Focus In Textbooks

The Agenda for this week's meeting of the Texas State Board of Education includes a resolution on "Balanced Treatment of Religious Groups in Textbooks."  According to the Dallas Morning News last week, the resolution warns textbook publishers not to include "pro-Islamic, anti-Christian distortions, in social study texts." The resolution cites world history texts no longer used in Texas schools, that devoted far more space to Muslim beliefs and practices than Christian ones, and other books that focused on Christian Crusaders' killing of Muslims in 1099, but not Muslim killings of Christians in the 13th century. A spokesperson for the Texas Freedom Network says the resolution's charges are superficial and misleading. Sponsors of the resolution warn that "Middle Easterners" are investing in U.S. textbook companies.

Kuwait Bans Sectarian Demonstrations As Sunni-Shiite Tensions Increase

Zawaya reports today that in Kuwait, the Ministry of Interior has placed a total ban on "sectarian" gatherings as tensions between Shiites and Sunnis in the country increase. The move comes after Shiite activist Yasser Al-Habeeb, who in 2004 fled Kuwait to London to avoid re-imprisonment, disparaged the Prophet Muhammed's wife Aisha by holding a ceremony in London to celebrate her death anniversary. Al-Habeeb's original arrest in 2003 grew out of an audiotape recording of a lecture in which he advanced the Shiite belief that Muhammad's wife along with several others were involved in the assassination of the Prophet. (Wikipedia). Several Sunni groups in Kuwait had planned to hold demonstrations in support of Aisha. However the demonstrations were called off to give the government time to take legal action against Habeeb, including revoking of his Kuwaiti citizenship.

New Poll Surveys Attitudes on Church-State Issues

The First Amendment Center last week released its 2010 Poll on The State of the First Amendment. (Full poll results.) Among the results--

• 75% strongly or mildly agreed that student speakers should be allowed to speak about their religious faith at public school events.
• 80% strongly or mildly agreed that student speakers should be allowed to offer a prayer at public school events.
• 28% do not think that the First Amendment requires a clear separation of church and state.
• 53% agree that the U.S. Constitution establishes a Christian nation.
• 76% strongly or mildly support Congress or the President declaring a national day of prayer.
• 48% say a candidate's religion is very or somewhat important in deciding how to vote.
• 28% believe that freedom of worship was not intended to apply to extremist or fringe groups.

Recent Articles of Interest

From SSRN:

• Dermot Groome, The Church Abuse Scandal: Were Crimes Against Humanity Committed?, (Chicago Journal of International Law, Forthcoming).
• Jeff Redding, Queer/Religious Friendship in the Obama Era, (Washington University Journal of Law & Policy, Vol. 33, p. 211, 2010).
• Jeremy A. Blumenthal & Terry L. Turnipseed, Is Voting in Churches (or Anywhere Else) Unconstitutional?: The Polling Place Priming (PPP) Effect, (Boston University Law Review, Forthcoming).
• Helen M. Alvare, Communion or Suspicion: Which Way for Woman and Man?, (Ave Maria Law Review, Vol. 8, No. 1, Fall 2009).
• Marci A. Hamilton, The 'Licentiousness' in Religious Organizations and Why it is Not Protected Under Religious Liberty Constitutional Provisions, (William & Mary Bill of Rights, Vol. 18, No. 953, 2010).

From SmartCILP:

• Haider Ala Hamoudi, The Death of Islamic Law, 38 Georgia Journal of International & Comparative Law 293-337 (2010).
• Sacred: Religion, Sexuality, and the Law. [Symposium transcript.] 16 Cardozo Journal of Law & Gender 637-699 (2010). 

Recent Prisoner Free Exercise Cases

In Musto v. Trinity Food Services, 2010 U.S. Dist. LEXIS 94063 (MD FL, Sept. 9, 2010), a Florida federal district court rejected claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated by his being denied certain supplemental food items with his kosher meals. It also rejected plaintiff's claim that he was denied sufficient visits by a rabbi, was denied access to religious materials and that he was denied fasting privileges.


In Muwwakkil v. Johnson, 2010 U.S. Dist. LEXIS 95143 (WD VA, Sept. 13, 2010), a Virginia federal district court rejected a number of claims by  Muslim inmate that his free exercise rights were being infringed.  His complaints included change of prayer service time, property limitations during prayer services, allowing in-pod religious services only on Wednesdays, denial of request to hold a large Arabic study group for all Sunni inmates, and unsuitable facilities furnished for religious services.


In Vigil v. Jones, 2010 U.S. Dist. LEXIS 95175 (D CO, Sept. 13, 2010), a Colorado federal district court dismissed an inmate's 1st Amendment, RLUIPA and equal protection claims that his rights were infringed when prison authorities refused to recognize his religion of "Judeo-Christianity." The claims for injunctive relief were dismissed without prejudice, with leave to file an amended complaint. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 95104, Aug. 9, 2010.


In Jabbar v. Burnett, 2010 U.S. Dist. LEXIS 94557 (ED VA, Sept. 9, 2010), a Virginia federal district court dismissed a Muslim inmate's objection to prison policy that prevents high security prisoners from attending religious services with the general prison population.


In Bebout v. Johns, 2010 U.S. Dist. LEXIS 95075 (ND FL, Aug. 24, 2010), a Florida federal district court dismissed, with leave to amend, a jail inmate's complaint that he was denied kosher food after he was seen eating non-kosher food.


In Alamiin v. Miller, 2010 U.S. Dist. LEXIS 94691 (WD OK, Sept. 10, 2010), an Oklahoma federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 94791, June 28, 2010), and allowed plaintiff to move ahead with a portion of his claims alleging denial of a Halal diet, dismissed other of the claims and dismissed a complaint about cancellation of certain religious services but permitted plaintiff to proceed with a claim regarding halal foods during the 'Eid-adha feast and his request to carry prayer oil on his person.


In Hudson v. Caruso, 2010 U.S. Dist. LEXIS 95475 (WD MI, Sept. 14, 2010), a Michigan federal district court adopted a magistrate's recommendations, 2010 U.S. Dist LEXIS 95626, Aug. 17, 2010) and denied a preliminary injunction requiring a prison to furnish plaintiff Halal food during the month of Ramadan.

Pope In Britain Speaks On Religion In the Public Square

Among the numerous addresses given by Pope Benedict XVI on his current visit to Great Britain was an address to representatives of civil society, academic, cultural and entrepreneurial world, diplomatic corps and religious leaders at Westminster Hall (full text). Here are is an excerpt relating to the role of religion in the public square:

Religion ... is not a problem for legislators to solve, but a vital contributor to the national conversation. In this light, I cannot but voice my concern at the increasing marginalization of religion, particularly of Christianity, that is taking place in some quarters, even in nations which place a great emphasis on tolerance.

There are those who would advocate that the voice of religion be silenced, or at least relegated to the purely private sphere. There are those who argue that the public celebration of festivals such as Christmas should be discouraged, in the questionable belief that it might somehow offend those of other religions or none. And there are those who argue – paradoxically with the intention of eliminating discrimination – that Christians in public roles should be required at times to act against their conscience. These are worrying signs of a failure to appreciate not only the rights of believers to freedom of conscience and freedom of religion, but also the legitimate role of religion in the public square. I would invite all of you, therefore, within your respective spheres of influence, to seek ways of promoting and encouraging dialogue between faith and reason at every level of national life.

Delaware Congressional Candidate Says Church-State Separation Phrase Came From Hitler

In Delaware, Tea Party candidate Glen Urquhart won this month's primary to become the Republican's candidate for the state's only seat in the House of Representatives.  He appears to have some some unusual church-state views.  Raw Story on Friday posted a video from an Urquhart campaign event in April in which Urquhart says:

Do you know, where does this phrase 'separation of church and state' come from? It was not in Jefferson's letter to the Danbury Baptists. ... The exact phrase 'separation of Church and State' came out of Adolph Hitler’s mouth, that's where it comes from. So the next time your liberal friends talk about the separation of Church and State ask them why they’re Nazis.

Urquhart says his statement was taken out of context and that he did not mean to suggest that liberals are Nazis.

Lawsuit Challenges Approval of Controversial Tennessee Islamic Center Plans

The Tennessean reports that a lawsuit was filed Thursday in Rutherford County (TN) Chancery Court seeking a temporary restraining order to halt construction of a controversial Islamic center being build in Murfreesboro, Tennessee. The suit claims that the county failed to give adequate advance notice under its Open Meetings Act of a May 24 Regional Planning Commission meeting at which the site plan for the Islamic center was approved unanimously. The complaint also claims that the county's zoning law denied plaintiffs due process by failing "to provide a hearing to examine the multiple uses of the ICM site and the risk of actions promoting Jihad and terrorism." (See prior related posting.) Murfreesboro's mayor says he believes the suit has no merit.

Court OKs Prevailing Wage Requirement Applied To Religious Group's State Assisted Project

In McKinley Foundation at the University of Illinois v. Illinois Department of Labor, (IL App., Sept. 10, 2010), an Illinois appellate court held that applying the state's Prevailing Wage Act to construction of student housing by a foundation functioning as as Presbyterian ministry for college students does not violate the Establishment Clause. The housing was supported in part by tax exempt bonds issued by the Illinois Finance Authority. Classifying it as a "public body" for purposes of that Act does not create Establishment Clause problems.

City Removes Christian Flag From Veterans Memorial

On the advice of its city attorney, King City, North Carolina's city council voted 3-1 on Monday to remove a Christian flag that had flown at the city's veterans' memorial along with the U.S., state, city and other flags. According to today's Winston-Salem Journal, the decision reverses an August city council vote to keep the flag, which carried a Latin cross inside a blue canton on a white field. Council member Wesley Canton who was the one negative vote on Monday complained: "We cannot let the threat of a lawsuit stand in the way of our religious freedom."

Pope Meets Queen Elizabeth; Recalls Britain's Deep Christian Roots

VIS reports on the start of Pope Benedict XVI's apostolic trip to the United Kingdom. The Pope was greeted yesterday at his first stop, in Birmingham, by Queen Elizabeth and the Duke of Edinburgh. They met at Holyroodhouse Palace, the Queen's official residence in Scotland. After a private meeting with the Queen, the Pope addressed some 400 guests, including representatives of the Catholic and Anglican Churches and members of the Scottish Parliament.  In his remarks (full text), the Pope said in part:

The name of Holyroodhouse ... recalls the “Holy Cross” and points to the deep Christian roots that are still present in every layer of British life. The monarchs of England and Scotland have been Christians from very early times and include outstanding saints like Edward the Confessor and Margaret of Scotland. As you know, many of them consciously exercised their sovereign duty in the light of the Gospel, and in this way shaped the nation for good at the deepest level. As a result, the Christian message has been an integral part of the language, thought and culture of the peoples of these islands for more than a thousand years. ....

Today, the United Kingdom strives to be a modern and multicultural society. In this challenging enterprise, may it always maintain its respect for those traditional values and cultural expressions that more aggressive forms of secularism no longer value or even tolerate. Let it not obscure the Christian foundation that underpins its freedoms; and may that patrimony, which has always served the nation well, constantly inform the example your Government and people set.... 

Bullying and Discrimination Against Students On Religious and Other Grounds Banned By New NY Law

On Monday, New York Governor David Patterson singed into law the Dignity for All Students Act.  The new law prohibits bullying of students by other students or school employees, as well as discrimination against students, taking place on school property or at a school function when the bullying or discrimination is based on the victim's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. Yesterday's Queens Chronicle reports on the new law that takes effect July 1, 2012. (See prior related posting.)

Restaurant Chain Sues Church For Trademark Infringement

CNN reported yesterday that the pancake restaurant chain IHOP has filed a trademark infringement lawsuit in a California federal district court against a Kansas City, Missouri based church group known as International House of Prayer. The church uses the "IHOP" acronym widely. The lawsuit charges that "IHOP-KC intended to misappropriate the fame and notoriety of the household name IHOP to help promote and make recognizable their religious organization," [Thanks to Steven H. Sholk for the lead.]


UPDATE: The Kansas City Star reported on Dec. 30 that IHOP has voluntarily dropped its lawsuit while mediation discussions take place. However the dismissal which was without prejudice leaves open the possibility that the suit could be refiled. [Thanks to Alliance Alert for the lead.]

Native American Church Sues To Prevent Peyote Arrests

The Oklevueha Native American Church on Monday filed a lawsuit in federal district court in Utah seeking to enjoin state and federal officials from arresting or bringing criminal charges against church members for their use of Peyote.  Yesterday's Salt Lake Tribune reports that members of the federally recognized Native American Oklevueha Church have been harassed, arrested and prosecuted in Utah.  Native American religious practices have spread beyond those with tribal ancestry, but U.S. law grants a religious exemption for the use of Peyote only to those who are members of federally recognized Indian tribes.

New Jersey Transit Fires Employee For Burning Pages From Qur'an

During a protest on Sept. 11 in New York City at the site of a proposed mosque and Islamic center near Ground Zero, Derek Fenton who has worked for New Jersey Transit for 11 years burned pages from a Qur'an. Police took Fenton away from the protest, but did not arrest him. The New York Daily News reported Tuesday that Fenton has now been fired from his job for violating New Jersey Transit's Code of Ethics. An ACLU spokesman says that if Fenton was off duty, his 1st Amendment rights were likely violated by the firing. [Thanks to Eugene Volokh via Religionlaw for the lead].

Court Says Limitation Period Has Expired On Child Sex Abuse Case From 1940's

According to yesterday's Newark (NJ) Star Ledger, a New Jersey state trial judge has dismissed on statute of limitations grounds a lawsuit filed by two men claiming physical and sexual abuse by nuns at an orphanage over 65 years ago. New Jersey's statute of limitations allows child sex abuse claims to be filed up to two years after reasonable discovery that an injury was caused by abuse.  The plaintiffs, now in their 80's, say the abuse occurred at Sacred Heart Orphanage when they were between 10 and 14 years old.  One plaintiff argued he remembered physical beatings, but repressed memories of the sexual abuse until 2004 when he saw a CNN report on payouts to other abuse victims.  The other plaintiff says for decades he believed he had enjoyed the sexual abuse. The court concluded that the men should have filed in the mid-1990's, or at least by 2001, when media reports of similar cases should have triggered their memories.

Many In Britain Have Negative Attitudes Toward Pope's State Visit

Several stories yesterday outlined the negative feelings among many in Britain about the Pope's visit that begins today.  Aol News reports that a large percentage oppose the government's plans to pay for part of the Pope's security and hotels, as it does when any other head of state visits. Also advocates for clergy sex abuse victims plan demonstrations in London this week end. A piece by John Laughland, studies director at the Institute of Democracy and Cooperation in Paris, published by Newsmax is titled "Vatican Shocked At Britain's Hostile Reaction To Pope." Laughland argues that "Britain has become one of the most virulently anti-Christian countries in the world."