Recent Prisoner Free Exercise Cases

In Patterson v. Schriro, 2010 U.S. Dist. LEXIS 100187 (D AZ, Sept. 2), an Arizona federal district court refused to issue a preliminary injunction ordering plaintiff receive a kosher diet because plaintiff alleged no threat that his current kosher diet is likely to be discontinued or changed.


In Pugh v. Caruso, 2010 U.S. Dist. LEXIS 100683 (WD MI, Sept. 22, 2010), a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 100713, Aug. 25, 2010) and dismissed plaintiff's RLUIPA challenge to various limits on his practice of Wicca.


In Ali v. Quarterman, 2010 U.S. Dist. LEXIS 100621 (ED TX, Sept. 24, 2010), a Texas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 100707, July 20, 2010) and dismissed a Muslim inmate's objections to the prison's grooming code that prevented him from wearing a beard and to its headgear policy that allowed him to wear a kufi only in his cell and at religious services.


In Ahmad v. Thomas, 2010 U.S. Dist. LEXIS 100866 (SD  TX, Sept. 23, 2010), a Texas federal district court dismissed a Muslim inmate's attempt to obtain Friday Jum'ah services at the Harris County Jail as well as the right to use his prayer carpet and kufi cap in his cell.


In Braithwaite v. Hinkle, 2010 U.S. Dist. LEXIS 100510 (ED VA, Sept. 20, 2010), a Virginia federal district court dismissed a Muslim inmate's free exercise challenge to prison grooming rules that prohibited him from wearing a beard. UPDATE: Affirmed, 2011 U.S. App. LEXIS 4115 (4th Cir., Feb. 24, 2011).


In Vinson v. Riley, 2010 U.S. Dist. LEXIS 101666 (WD MI, Sept. 27, 2010), a Michigan federal district court permitted an inmate to move ahead with certain of his claims asserting that his free exercise and RLUIPA rights were violated when he was removed from the kosher meal program.  Officials said plaintiff had changed his religion by asserting that he was an active Moorish Science member. Plaintiff said that his nationality is Moorish American, but his religion is still African Hebrew Israelite.


In Jean-Pierre v. Bureau of Prisons, 2010 U.S. Dist. LEXIS 101546 (WD PA, Sept. 27, 2010), a Pennsylvania federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 101614, July 30, 2010) and permitted a Rastafarian inmate to move ahead on his free exercise and equal protection claims growing out of his removal from the Certified Religious Diet Program. However the court dismissed plaintiff's official capacity claims and claims for monetary damages under RFRA.


In Hall v. Skolnik, 2010 U.S. Dist. LEXIS 102277 (D NV, Sept. 13, 2010), an inmate challenged authorities' denial of his request for kosher meals and charged that prison policies prevent black-Jewish inmates from practicing their religion to the same extent as other Jewish inmates. The court dismissed plaintiff's  official capacity claims for monetary damages and claims against the Nevada Department of Corrections, his 8th Amendment claims and his claims for emotional distress. However he was permitted to proceed on other claims.


In Avery v. Ferguson, 2010 U.S. Dist. LEXIS 101947 (WD AK, Sept. 24, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 101864, Sept. 3, 2010) and rejected a number of claims of constitutional violations growing out of conditions when plaintiff was held as a pre-trial detainee. However it permitted him to proceed with his claim that his free exercise rights were violated when he was denied a vegetarian diet.

USCIRF Puts Religious Freedom Spin on President's New Iran Sanctions

On Sept. 29, President Obama issued an Executive Order (full text) imposing financial sanctions on eight Iranian officials connected with the Revolutionary Guard, armed forces, Iranian intelligence service and national police.  Secretary of State Hillary Clinton said the sanctions were imposed on "officials responsible for serious and sustained human rights abuses since the disputed election of June 2009." (Full text of statement.) As reported by the San Francisco Chronicle, the Order for the first time makes use of new authority given to the President in the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010.  The Executive Order blocks funds of the 8 individuals in the U.S. or in overseas branches of U.S. banks and bars the contribution of funds, goods or services to the individuals. A Release issued last week by the U.S. Commission on International Religious Freedom attempts to put a religious freedom spin on the new sanctions order. According to USCIRF: "During the past year, the Iranian government’s poor religious freedom record deteriorated, especially for religious minorities such as Baha’is, Christians, and Sufi Muslims, and physical attacks, harassment, detention, arrests, and imprisonment intensified. Even the recognized non-Muslim religious minorities–Jews, Armenian and Assyrian Christians, and Zoroastrians–protected under Iran’s constitution faced increasing discrimination and repression."

Court Issues Letters Rogatory Seeking Aid In Serving Process on Pope, Cardinals

In an unusual move, a Wisconsin federal district court in Doe 16 v. Holy See, (ED WI, Sept. 24, 2010), issued Letters Rogatory to "the appropriate judicial authority of the Holy See," requesting its assistance in serving process on Pope Benedict XVI and two cardinals named as defendants in a civil suit seeking damages and and other relief growing out of sexual abuse plaintiff suffered at the hands of Rev. Lawrence Murphy who taught at St. John's School for the Deaf. (See prior posting.) Here is the full text of the court order granting the motion for Letters Rogatory and the Letters relating to Pope Benedict, Cardinal Bertone (Vatican Secretary of State) and Cardinal Sodano (Bertone's predecessor). Raw Story carries its own and the AP report on the court orders. SNAP also issued a press release on the court's action.

California Governor Vetoes Civil Marriage Religious Freedom Act

Equality California reports that on Sept. 30 California Gov. Arnold Schwarzenegger vetoed SB 906, the Civil Marriage Religious Freedom Act. The bill was designed to protect clergy who refuse to solemnize a marriage that is contrary to their faith.  The Governor, however, objected to the portion of the bill that inserted the word "civil" before "marriage" in the California Family Code's definition of marriage. In response to the veto, Equality California said: "The governor’s mistaken belief that religious and civil marriages are identical and that religious marriages can be regulated by the state is exactly why this bill is needed.... We look forward to addressing the issues set forth in this bill with our next governor who hopefully will have a legal background and a clearer understanding of the fact that California law already defines marriage as a 'civil contract.'"  GLT News Now also reports on the veto. (See prior related posting.)

AU Asks IRS To Investigate Church Project Seeking To Unseat Iowa High Court Justices

Americans United announced on Thursday that it has written the Internal Revenue Service (full text of letter) complaining that Sioux City Iowa's Cornerstone World Outreach is violating the terms of its Section 501(c)(3) status by organizing Project Jeremiah 2010.  The Project is a campaign to urge parishioners to vote "no" on retention of three Iowa Supreme Court justices in November because the justices invalidated the state's ban on same-sex marriages. (See prior posting.) Cornerstone and other groups sponsoring the Project are asking pastors on the three Sunday's before election day to preach a message asking their followers to vote no in the retention vote. Yesterday's Sioux City Journal covers the reaction of a Cornerstone pastor and links to additional letters from Cornerstone on the matter.

In 2 Suits, EEOC Charges Businesses With Refusing To Accommodate Sunday Sabbath Observance

In two lawsuits filed Friday, the EEOC sued two unrelated businesses for refusing to accommodate the religious observance of employees who refused to work on Sundays because it is their Sabbath.  In a suit filed in federal court in Washington state, the EEOC charged that Walmart ended the accommodation it had provided the manager of its Colville (WA) store for the last 14 years. (EEOC press release.)  Employee Richard Nichols is a devout Mormon and, according to the Bellingham (WA) Herald, is also the mayor of Colville.

Meanwhile, in a suit filed in a California federal district court, the EEOC charged that a new manager at a Supercuts store refused to continue the practice that for 9 years had accommodated hair stylist Carolyn Sedar's observance of Sunday as her sabbath. (EEOC press release.)

Reference To Defendant's Satanist Beliefs Is Not Basis For Reversal of Death Sentence

In Davis v. State of Texas, (TX Ct. Crim. App., Sept. 29, 2010), a Texas appellate court rejected a defendant', appeal of his death sentence, finding that defendant's various claims of prejudice because he was a Satanist did not call for reversal of the jury's decision in the punishment phase.  The issue arose on a retrial of the penalty phase of his case after his successful appeal.  Defendant had become a Satanist while in prison. the court rejected defendant's objection to the prosecutor's statement in closing argument that evidence of defendant's affiliation with Satanism is another piece of the puzzle for the jury to consider on the issue of whether defendant would likely pose a danger in the future. The appeals court also upheld the trial court's rejection of for cause challenges to two jurors who defendant claimed would be prejudiced against him because of his Satanist affiliation. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Indian Court Issues Compromise Ruling In Long-Running Dispute Over Title To Sacred Land

In India on Thursday, the Allahabad High Court issued a compromise ruling in a 60-year long dispute over title to a sacred site claimed by both Hindus and Muslims.  NDTV and the Wall Street Journal report on the 2-1 decision that divided the site in the town of Ayodhya between the two religious groups. Hindus say the site was the birthplace of Lard Ram and was the location of an ancient temple. However the Babri Masjid mosque was constructed on the site sometime between the 16th and 18th century.  In 1992, a Hindu mob partially destroyed the mosque, and widespread violence followed.  In its decision (excerpts), all three judges agreed that the area below the central dome where idols of Lord Ram and other gods sit in a makeshift temple, should be warded to the Hindu Nirmohi Akhara. Under the majority judgment, one-third of the site also goes to the Hindu party for Ram Lalla, and one-third goes to the Muslim Sunni Waqf Board. The inner courtyard belongs to both Hindus and Muslims.The ruling however maintains the status quo for three months so the parties can appeal. Each of the three judges issued a separate opinion, which in total were reported to run 8000 pages.

CNN Fires Rick Sanchez For Anti-Semitic Comments On Radio Interview

Yesterday CNN fired news anchor Rick Sanchez after Sanchez's anti-Semitic remarks in an interview on SiriusXM radio.  In the interview with Pete Dominick on "Stand Up!", Sanchez called Comedy Central's John Stewart a bigot.  Sanchez was promoting his new book, "Conventional Idiocy." As reported by the Washington Post, Stewart has repeatedly criticized Sanchez on The Daily Show. Among Sanchez's comments in the long interview was the following : "I'm telling you that everybody who runs CNN is a lot like Stewart. And a lot of people who run all the other networks are a lot like Stewart. And to imply that somehow they, the people in this country who are Jewish are oppressed minorities? Yeah." The Washington Post has more excerpts and audio from the interview.

Challenge To Pledge and National Motto In Capitol Visitor Center Dismissed On Standing Grounds

In Freedom from Religion Foundation v. Ayers, (WD WI, Sept. 29, 2010), a Wisconsin federal district court held that neither the Freedom from Religion Foundation, nor any of its members, have standing to bring an Establishment Clause challenge to a Congressional joint resolution calling for the Architect of the Capital to engrave the Pledge of Allegiance and the National Motto, “In God We Trust”, in the Capitol Visitors Center.  The court held:

Plaintiffs fail to establish standing because they cannot point to any specific congressional appropriation for the allegedly unconstitutional concurrent resolution. Plaintiffs allege that performing the engraving as required by the concurrent resolution cost between $100,000 and $150,000 “funded from U.S. taxpayer appropriations made by Congress[.]” … This allegation … does not provide the necessary link between taxpayer status and the expenditure. “[U]se of funds for [an] allegedly unconstitutional program, without more, is not sufficient to meet the nexus required by Flast”; the appropriation of those funds for such a purpose is what provides the necessary link between taxpayer and expenditure to create standing.

The American Center for Law & Justice issued a press release calling the decision "an encouraging victory."  Huffington Post reported on the decision.   

European Human Rights Court Rules on Right of Churches To Dismiss Employees for Private Behavior

In a press release last week, the European Court of Human Rights announced two Chamber Judgments, ruling for the first time on the application of the European Convention on Human Rights application to the dismissal of church employees for conduct in the sphere of their private lives. Article 8 of the ECHR protects the right to respect for family and private life.

In Obst v. Germany, the court upheld action by the German courts in permitting the Mormon Church to dismiss Michael Obst, the Church's director of public relations for Europe, for having an affair with another woman while he was married. As described by the press release, the European Court held that:

the German labour courts had taken account of all the relevant factors and undertaken a careful and thorough balancing exercise regarding the interests involved. They had pointed out that the Mormon Church had only been able to base Mr Obst’s dismissal on his adultery because he had informed the Church of it by his own initiative. According to the German courts’ findings, his dismissal amounted to a necessary measure aimed at preserving the Church’s credibility, having regard in particular to the nature of his post.

However, in the second case, Schuth v. Germany, the European Court held that the German courts had violated Art. 8 of the ECHR in permitting a Catholic parish to dismiss Bernhard Schuth, its organist and choirmaster, for living with a new partner after he separated from his wife. The press release describes the views of the European Court:

the [German] labour court of appeal had confined itself to stating that ... [Schuth's] functions were ... so closely connected to the Catholic Church’s proclamatory mission that the parish could not continue employing him without losing all credibility. That court had not examined this argument any further but appeared to have simply reproduced the opinion of the Church employer on this point. 

The labour courts had moreover made no mention of Mr Schüth’s de facto family life or of the legal protection afforded to it. The interests of the Church employer had thus not been balanced against Mr Schüth’s right to respect for his private and family life, but only against his interest in keeping his post. A more detailed examination would have been required when weighing the competing rights and interests at stake.

The full text of each of the decisions are available in French: Affaire Obst c. Allemagne, (ECHR, Sept. 23, 2010) and Affaire Schuth c. Allemange, (ECHR, Sept. 23, 2010). These Chamber Judgments can still be appealed to the Grand Chamber. [Thanks to Pew Sitter for the lead.]

Judge Refuses To Recuse Himself Over Charge of Religious Bias

Palmer v. City of Prescott, 2010 U.S. Dist. LEXIS 101136 (D AZ, Sept. 7, 2010), is a suit against the city of Prescott, Arizona and various of its officials alleging violations of plaintiff's 4th and 5th Amendment rights. Plaintiff moved to disqualify federal district court Judge David Campbell from hearing the case because Campbell is a member of the Church of Jesus Christ of Latter Day Saints.  Plaintiff, Peter Palmer, is an evangelical Christian who proselytizes Mormons. He alleges that Judge Campbell's religious beliefs will bias him against plaintiff. The judge refused to disqualify himself, saying that plaintiff's proselytizing activities have nothing to do with the claims in this case, and citing federal precedent holding that church membership does not create a sufficient appearance of bias to require disqualification.

EEOC Sues AutoZone On Behalf of Sikh Employee

The EEOC announced yesterday that it has filed a lawsuit in federal district court in Massachusetts against AutoZone, Inc. on behalf of a Sikh employee.  The suit alleges that AutoZone refused to allow employee Frank Mahoney-Burroughs wear a turban and kara (religious bracelet). The suit also alleges a hostile work environment in which Mahoney-Burroughs' manager asked him if he was a terrorist and had joined al-Qaeda, and in which Auto Zone failed to intervene when customers made terrorist jokes and referred to Mahoney-Burroughs as Bin-Laden. The suit alleges that Mahoney-Burroughs was fired because of his religion and in retaliation for complaining about discrimination.

DC Circuit Stays Preliminary Injunction Against Stem Cell Guidelines

Yesterday the Court of Appeals for the D.C. Circuit in Sherley v. Sebelius granted a stay of a preliminary injunction during the appeal of a federal district court's order enjoining application of the Obama Administration's guidelines expanding grants for stem cell research. (Full text of order.) The court also ordered that argument of the appeal be expedited.  According to a Reuters report, government lawyers argued to the D.C. Circuit that dozens of research projects would be ruined if their grant funding was cut off, wasting millions of taxpayer dollars.

AU Asks IRS To Investigate Church's Political Endorsement On Pulpit Sunday

Reaction is now beginning to activities of churches which last Sunday participated in Alliance Defense Fund's Pulpit Sunday challenging tax code restrictions on non-profits, including churches. (See prior posting.)  Americans United announced yesterday that it has sent a letter (full text) to the Internal Revenue Service asking it to investigate Fairview Baptist Church in Edmond, Oklahoma.  The church's pastor, Paul Blair, endorsed Rep. Mary Fallin for Oklahoma governor from the pulpit during Sunday services.

Lehi, Utah Police Investigate TV Reality Show Polygamous Family

The TLC Channel on Sunday premiered a new reality TV show titled "Sister Wives." The network describes the program as" "Meet husband Kody-- along with his three wives: Meri, Janelle and Christine and their combined 13 children-- and see how they attempt to navigate life as a 'normal' family in a society that shuns their lifestyle."  Yesterday's Rexburg, Idaho Standard Journal reports that Lehi, Utah police have launched an investigation of the Kody Brown family which is featured on the program. (It says Brown has four wives, 13 children and 3 stepchildren.) Evidence gathered in the investigation will be turned over to the Utah County attorney's office for possible prosecution.  The policy of the Utah attorney general's office has been not to pursue cases of bigamy involving consenting adults.Utah's polygamist community has been working over the last ten years to educate law enforcement agencies about its culture, and the Browns had hoped that this show would broaden public understanding of plural families.

New York Town Wants Sufi Cemetery Shut Down

AP reported  yesterday that in the rural upstate New York town of Sidney Center, the town board voted in August to pursue legal action to shut down the town's small Sufi cemetery. Town Supervisor Bob McCarthy says the cemetery is illegal and that the two bodies already buried should be removed. He fears that the town may be saddled with the cost of the cemetery some day if it is abandoned. A Sufi spokesman says that the town zoning board approved the cemetery in 2005 and that burial permits were filed with the town for the burials that took place. Hans Hass of the 30-member Osmanli Naksibendi Hakkani community charges that the town board's action was motivated by the controversy over the proposed Islamic center at Ground Zero in New York City. The leader of the group proposing that mosque is a Sufi, but is not affiliated with the Sufi group in Sidney Center.

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.