FLDS Leadership Being Challenged Through Competing State Corporate Filings

In the midst of the many legal issues surrounding the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints, AP this week reports that another legal battle is brewing as contesting factions have used filings with Utah's Division of Corporations as the vehicle to compete for the Church's leadership. On March 28, William Jessop, claiming to be the Presiding Bishop of the church, filed a Corporation Registration Information Change Form listing himself as President of the Church and removing Warren Jeffs name as an officer of the corporation. Three days later, Jeffs filed a similar form (full text), listing himself as Presiding Bishop and removing Jessop's name. The filing included an affidavit characterizing Jessop's prior filing as false. Several affidavits from church members claim that Jeffs was elected as head of the church last month. Jessop claims he was placed at the head of the church by Warren Jeff's father, Rulon Jeffs, and says that Warren Jeffs has been disqualified as leader of the church by various immoral acts. He says that church officials loyal to Jeffs have used intimidation against church members. Jeffs is currently in prison in Texas awaiting trial on charges of bigamy and aggravated sexual assault. All of the filings at issue are on the Utah Division of Corporation's website. On March 31, the Division of Corporations Director placed the competing filings on hold until May 2, hoping that the parties would resolve the dispute. So far, neither side has asked a court to intervene.

President Declares May 5 National Day of Prayer

Last week President Obama issued a Proclamation (full text) declaring Thursday, May 5 as a National Day of Prayer. The Proclamation was issued just two weeks after the U.S. 7th Circuit Court of Appeals dismissed for lack of standing a constitutional challenge to both 36 USC Sec. 119 which directs the President to issue a National Day of Prayer proclamation each year, and to Presidential proclamations issued under it. (See prior posting.) This year's Proclamation calls for citizens to join the President "in giving thanks for the many blessings we enjoy. " It asks "all people of faith" to join the president "in asking God for guidance, mercy, and protection for our Nation."  It also asks for prayers on behalf of members of the armed forces, first responders, victims of natural disasters and "men and women everywhere who seek peace, human dignity, and the same rights we treasure here in America."

The non-governmental National Day of Prayer Task Force has declared its theme for this year to be "A Mighty Fortress Is Our God". Its 3-hour Washington, D.C. ceremony will be webcast live on Thursday beginning at 9:00 a.m. Shirley Dobson continues to chair the Task Force. This year's honorary chairman is Joni Eareckson Tada, an international advocate for people with disabilities. The only current elected federal official among the numerous speakers scheduled at the Washington, D.C. ceremony is Florida Congressman Allen West.  

With the increasing religious diversity of the nation, the Task Force has posted on its website the following "Official Policy Statement on Participation of “Non-Judeo-Christian” groups in the National Day of Prayer":

The National Day of Prayer Task Force was a creation of the National Prayer Committee for the expressed purpose of organizing and promoting prayer observances conforming to a Judeo-Christian system of values. People with other theological and philosophical views are, of course, free to organize and participate in activities that are consistent with their own beliefs. This diversity is what Congress intended when it designated the Day of Prayer, not that every faith and creed would be homogenized, but that all who sought to pray for this nation would be encouraged to do so in any way deemed appropriate. It is that broad invitation to the American people that led, in our case, to the creation of the Task Force and the Judeo-Christian principles on which it is based.

High School Sued Over Refusal To Recognize Student Religious Clubs

A lawsuit was filed in federal district court in New York on Monday challenging a school district's refusal to recognize a Christian student religious club. The complaint (full text) in Frontline Club v. Board of Education of the Hicksville Union Free School District, (ED NY, filed 5/2/2011), alleges that plaintiffs' 1st and 14th Amendment rights, as well as their rights under the federal Equal Access Act, were violated when the Hicksville High School principal refused to recognize religious clubs on the ground that it would be too expensive to provide an advisor to numerous religious groups that might wish to form. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Jewish Groups Fear Impact From Anti-Sharia Laws

JTA reported last week that Jewish organizations are concerned that anti-Sharia laws being proposed in many states will also impact the ability of Jewish litigants to resolve disputes according to halacha-- Jewish religious law. Recently a number of arbitrations from Jewish religious courts (bet din) have been taken to civil courts for enforcement. Of particular concern to Jewish groups are proposals in Nebraska and South Dakota that do not refer explicitly to sharia, but instead reference "religious codes" more generally. A letter to state legislatures urging them to reject anti-sharia legislation has been spearheaded by Jewish groups and has been signed onto by various civil liberties and religious organizations.

Woman Sues Claiming She Was Fired Because of Alleged Voodoo Curse

Yesterday's Southeast Texas Record reports that a federal religious discrimination lawsuit was filed last month against the Texas Health and Human Services Commission by former employee Victoria Vaughan who alleges she was fired after her supervisor claimed that Vaughan threatened her and other co-workers with a voodoo curse. The complaint alleges that the supervisor claimed to feel threatened by Vaughan's deeply held religious beliefs.

Supreme Court Denies Review In Case Involving San Francisco's Resolution Criticizing Cardinal Levada

The U.S. Supreme Court today denied certiorari in Catholic League for Religious and Civil Rights v. City and County of San Francisco, California (Docket No. 10-1034, cert. den. 5/2/2011). (Order List.) In the case, a fragmented majority of the 9th Circuit en banc dismissed an Establishment Clause challenge to a San Francisco Board of Supervisors resolution criticizing Cardinal William Levada for directing Catholic Charities to end adoption placements in same-sex households. The resolution urged Levada to withdraw his directive. (See prior posting.)

More On Bin Laden's Islamic Burial At Sea

CNN is now reporting more details (see prior posting) of the burial at sea of Osama bin Laden. Reporting on a briefing by Defense Department officials describing the rites that occurred on the aircraft carrier USS Carl Vinson, CNN said:

Osama bin Laden's body was buried at sea according to Islamic law because no country was willing or able to take his body for burial on land, senior Defense officials said.

"When there is no land alternative, Islamic law dictates that the body be buried within 24 hours, and that was the basis," one official said. "

A second senior Defense official said there was no country willing or able to accept the body for burial, and U.S. forces "took pains to observe Muslim law."

"Today's religious rites were conducted on the deck of the USS Carl Vinson in the Arabian sea. The ceremony started at 1:10am and finished at 2:10am ET," the second official said. "Procedures for Islamic body were followed. The body was washed and placed in a white sheet. A military official read prepared remarks, which were then translated into Arabic by a native speaker. The body of Osama bin Laden was placed on a flat board, which was then tipped up, and allowed to slide into the sea."

ABC News reports that the decision to bury bin Laden at sea was also motivated by the desire to avoid having a burial site that could become a terrorist shrine, even though some Muslim leaders say burial at sea is not customary, while others question whether bin Laden was worthy of the respect shown to his body. However, even criminals and murderers are usually given an Islamic burial.

The careful burial arrangements seem to reinforce the concern about reactions in the Muslim world that were first stressed as part of President Obama's remarks Sunday night announcing the U.S. operation.  Obama said:

[W]e must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.

Number of Violent Anti-Semitic Incidents World-Wide Drops In 2010

According to an annual report from Israel's Tel Aviv University, the number of violent anti-Semitic incidents world-wide dropped dramatically in 2010 from the prior year. Haaretz today reports that 2010 saw a 46% decline, from 1129 incidents in 2009 to 614 last year. However the drop is largely due to the high number of violent incidents in 2009 stemming from Israel's incursion into the Gaza Strip. The 2010 number was still among the highest since the 1980's.

Recent Articles of Interest

From SSRN:

• Scott Thomas Fitzgibbon, ‘That Man is You!’ The Juristic Person and Faithful Love, (International Journal of the Jurisprudence of the Family, Forthcoming).
• Alan E. Brownstein, The Religion Clauses as Mutually Reinforcing Mandates: Why the Arguments for Rigorously Enforcing the Free Exercise Clause and Establishment Clause are Stronger When Both Clauses are Taken Seriously, (Cardozo Law Review, Vol. 32, 2011).
• Bruce Van Baren, The Wall Comes Tumbling Down: The Establishment Clause Collides with School Choice, (April 27, 2011).
• Nico Voigtländer and Hans-Joachim Voth, Persecution Perpetuated: The Medieval Origins of Anti-Semitic Violence in Nazi Germany, (April 12, 2011).
• Jeremy Waldron, A Religious View of the Foundations of International Law, (April 26, 2011).
• Michael J. Perry, The Grounds of Human Rights, (Emory Public Law Research Paper No. 11-151, April 28, 2011).
• Michael J. Perry, What is a 'Human Right'?, (Emory Public Law Research Paper No. 11-150; San Diego Legal Studies Paper No. 11-055, April 28, 2011).
• Michael J.T. McMillen, An Introduction to Shari'ah Considerations in Bankruptcy and Insolvency Contexts and Islamic Finance's First Bankruptcy (East Cameron), (April 29, 2011).
• Charlotte H. Taylor, Hate Speech and Government Speech, (University of Pennsylvania Journal of Constitutional Law, Vol. 12, No. 4, p. 1115, April 2010).
• Eduardo Diaz, Maria Cristina Calderon Garcia, Katherine Romero Cristancho, Elana Prada Salas, and Eliane Barreto Hauzeur, Obstacles and Challenges Following the Partial Decriminalisation of Abortion in Colombia, (Reproductive Health Matters, Vol. 18, No. 36, pp. 118-126, November 2010). 

Other Recent Articles:

• Peter Irons, Curing a Monumental Error: The Presumptive Unconstitutionality of Ten Commandments Displays, 63 Oklahoma Law Review 1-46 (2010).

Michigan Church's RLUIPA Claims Rejected

In Great Lakes Society v. Georgetown Charter Township, (MI App., April 28, 2011), the Michigan Court of Appeals rejected a religious organization's "equal terms" RLUIPA claim because no evidence supported the contention that plaintiff's applications for a special use permit and variance were treated differently than applications by non-religious organizations. The religious organization ministers to persons who have chemical sensitivities to common environmental pollutants. The court also rejected plaintiff's "nondiscrimination" RLUIPA claim for lack of proof. Judge Shapiro wrote a concurring opinion arguing that the court's prior decision in the case had already decided the issues posed here.

U.S. Handling Bin Laden's Body In Accordance With Islamic Tradition

President Obama announced late Sunday night that the United States had conducted an operation in Pakistan that killed Osama bin Laden.  A U.S. government official has told the press that the U.S. is ensuring that bin Laden's body is being handled in accordance with Islamic tradition. (Washington Post).

UPDATE: Consistent with Islamic practice of burying a body within 24 hours of death, Osama bin Laden was buried at sea, according to a Los Angeles Times report on Monday.  A senior administration official says this option was chosen because it would have been difficult to find a country willing to accept bin Laden's remains. Sea Services has the rules for burial at sea under Islamic law.

Non-Theocratic Party Formed By Egypt's Muslim Brotherhood To Contest Up To Half Of Parliament Seats

In Egypt, the Muslim Brotherhood yesterday announced that it had formed the Freedom and Justice Party as a non-theocratic political party that will run candidates for Parliament in September's election. Egypt's constitution bans parties based on religion. According to AFP, the new party plans to contest 45% to 50% of the 508 elected seats in Parliament.

Recent Prisoner Free Exercise Cases

In Hawkins v. Gusman, 2011 U.S. Dist. LEXIS 43637 (ED LA, April 20, 2011), a Louisiana federal district court adopted a federal magistrate's recommendation (2011 U.S. Dist. LEXIS 43640, April 1, 2011) and dismissed an inmate's complaint that the Orleans Parish Prison offers no religious programs or communal services for inmates to attend.

On April 18, the U.S. Supreme Court denied certiorari (2011 U.S. LEXIS 2997) in Riggins v. Vail, a 9th Circuit case (sub. nom. Riggins v. Clarke) that upheld a prison policy requiring an inmate's committed name be used first on incoming and outgoing mail before any other official or religious name, and which rejected plaintiff's claim that his rights were violated by the refusal to allow him to buy prayer oils. (See prior posting.)

In Couch v. Jabe, 2011 U.S. Dist. LEXIS 43356 (WD VA, April 21, 2011) a Virginia federal district court upheld a prison's grooming policy over the objections of a Muslim inmate who wanted to wear a short beard for religious reasons. AP reports on the decision.

Teacher Told To End Prayer and Bible Verses In Class

The Ft. Smith, Arkansas Times Record reports that a Van Buren, Arkansas middle school teacher was told by administrators to end various religious practices she had introduced in her classes.  Teacher Jan Redden had prayed with the students before the annual Benchmark exams "for the Devil to be bound up and not to enter their brains." Redden has also given students personalized Christian Bible verses to carry in their pockets, and Bible verses were posted on her classroom wall. The school district says it follows Department of Education guidelines on religion in schools.

Oklahoma County Grants License To Perform Marriages To 3 Atheists Certified By FFRF

Today's Tulsa World reports that for the first time, the Tulsa County, Oklahoma County Court Clerk's Office has approved applications by leaders of three local atheist/ free thought organizations for licenses permitting them to perform marriages.  The three are: Bill Dusenberry, coordinator of the Tulsa Coalition of Reason; William Poire, president of the Atheist Community of Tulsa; and Randy Bradley, president of the Tulsa County chapter of the Freedom From Religion Foundation.  In what may be a stretch of the language in O.S. Sec. 43.7, the clerk's office essentially accepted the Freedom from Religion Foundation as the equivalent of an ordaining religious organization that approved the applicants. FFRF presented letters attesting that the three applicants had met its requirement for performing marriage. FFRF has developed a set of requirements that includes having read 10 books on free thought; reading a newspaper or news magazine regularly; traveling outside Oklahoma at least three times; and being in love at least three times.  FFRF also requires applicant to pass a multiple choice test.

An FFRF celebrant will only perform a marriage for a couple that are FFRF members, who are at least 25 years old or college graduates, and who promise not to allow their children to be "religiously or philosophically brainwashed."

Challenge To Zoning Denial By Interfaith Retreat Center Can Move Ahead

In a letter ruling in Oracle Institute v. Board of Supervisors of Grayson County, (VA Cir. Ct., April 26, 2011), a Virginia state trial judge rejected a number of defenses to a suit brought by an interfaith spiritual retreat center challenging the denial of a special use permit for property which it wished to develop.  The complaint (full text) claims that the denial stemmed from opposition by various clergy and their parishioners who opposed the philosophy of the Oracle Institute and its leader Laura George as being counter to the Christian beliefs of the community. The court held that plaintiffs had standing to assert a RLUIPA claim and various constitutional claims even though they do not own the property in question. It held that a private right of action lies to enforce the speech and religion guarantees set out in the Virginia constitution. It also rejected various immunity claims.  However the court did hold that one of the defendants, the county Board of Supervisors, was not a proper party under RLUIPA. The Rutherford Institute issued a press release announcing the court's ruling.

UPDATE: On Dec. 14, 2011, the Grayson County Board of Supervisors granted a permit for development of the retreat center. (AP).

Suit Challenges Arrest For Reading Bible To Californians Lined Up At Motor Vehicle Department

The Riverside (CA) Press-Enterprise reports that a lawsuit was filed in federal district court in California last Tuesday by a pastor and two elders of the Hemet (CA) Calvary Chapel who were arrested for trespassing and interfering with public business for reading the Bible to a crowd lined up outside the local Department of Motor Vehicles office.  The highway patrol says it previously told church members they were not allowed to preach on DMV property without a permit. The men who had preached at parks, shopping malls and the court house in Hemet, as well as repeatedly at the DMV, were told that the permit requirement was justified because of the captive nature of their audience at the DMV.  One of the men responded: "The devil's holding everyone captive to do his will...."  The complaint (full text) in Coronado v. California Highway Patrol, (SD CA, filed 4/26/2011), contends that their arrest violated their free speech rights under the U.S. and California constitutions, violated the 4th Amendment and amounted to false imprisonment under state law. The incident is portrayed on a YouTube video.

DC Circuit Upholds Obama Administration Guidelines For Embryonic Stem Cell Research Funding

In a 2-1 decision today, the U.S. Court of Appeals for the District of Columbia vacated the district court's preliminary injunction that had prevented the Department of Health and Human Services from proceeding under the Obama administration's 2009 Guidelines expanding government funding for human embryonic stem cell research. The district court had found that the Guidelines likely violate the Dickey-Wicker Amendment's prohibition the use of federal funds for research in which human embryos are destroyed. (See prior posting.) The Circuit Court had already placed a stay on the preliminary injunction last September. (See prior posting.) Today in Sherley v. Sebelius, (DC Cir., April 29, 2011), the court's majority (Judge Ginsburg joined by Judge Griffith) concluded that:

Dickey-Wicker is ambiguous and the NIH seems reasonably to have concluded that, although Dickey-Wicker bars funding for the destructive act of deriving an ESC [embryonic stem cell] from an embryo, it does not prohibit funding a research project in which an ESC will be used.

Judge Henderson dissented, writing: "The majority opinion has taken a straightforward case of statutory construction and produced a result that would make Rube Goldberg tip his hat." ABC News reports on the decision.

Sunday's Beatification of John Paul Draws Criticism From Some

Today's New York Times reports on the political controversy surrounding Sunday's planned beatification of Pope John Paul II. A beatification Mass will move the popular former Pope a step further toward formal sainthood. Some critics question Pope Benedict XVI's waiver of the usual requirement that beatification cannot take place until five year's after a person's death. Others say the sex abuse crisis that surfaced during John Paul's reign should disqualify him from beatification.  John Paul's ties to Rev. Marcial Maciel Degollado, founder of the controversial Legionaries of Christ, have also been raised by those opposing his sainthood.  (See prior related posting.) However, particularly residents of John Paul's native Poland, revere him and admire his role in helping to bring down Communism. Andrea Riccardi, a biographer of John Paul, says: "for many Catholics he's already a saint."

Prince William and Kate Middleton Are Married At Westminster Abbey

This morning, Britain's Prince William and Kate Middleton were married at Westminster Abbey. (Photos). The Official Programme containing the text of the entire wedding ceremony is available online. Wikipedia has the guest list, including the numerous religious figures in attendance. Today's London Telegraph reports that some Anglican conservatives are criticizing the Archbishop of York for backing Prince William's and Kate Middleton's decision to live together before they were married.

USCIRF Issues 2011 Annual Report-- Adds Egypt As Country of Particular Concern

The U.S. Commission on International Religious Freedom yesterday released its 2011 Annual Report, identifying 14 nations as "Countries of Particular Concern" (CPCs)-- the worst violators of religious freedom.  Thirteen of the countries were the same as those named last year-- Burma, China, North Korea, Eritrea, Iran, Iraq, Nigeria, Pakistan, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. For the first time this year, USCIRF added Egypt to the list of CPCs. Last year Egypt was on the Commission's Watch List.  Explaining the new status for Egypt, USCIRF said:

Serious problems of discrimination, intolerance, and other human rights violations against members of religious minorities, as well as disfavored Muslims, remain widespread in Egypt. Violence targeting Coptic Orthodox Christians remained high during the reporting period. This high level of violence and the failure to convict those responsible – including two of the three alleged perpetrators in the 2010 Naga Hammadi attack – continued to foster a climate of impunity, making further violence more likely.

The USCIRF Report, required by the International Religious Freedom Act of 1998, also named 11 countries to a Watch List, concluding that they need close monitoring. Those countries-- all on last year's Watch List as well-- are: Afghanistan, Belarus, Cuba, India, Indonesia, Laos, Russia, Somalia, Tajikistan, Turkey, and Venezuela. USCIRF's report is to be considered by the State Department in preparing its Annual Report to Congress on International Religious Freedom. Also each year, the President is to revise the list of CPCs.

Arkansas High Court Upholds Parental Rights Terminations In Tony Alamo Compound Families

Yesterday, the Arkansas Supreme Court handed down decisions in five appeals by parents of children who were removed in 2008 from the Tony Alamo Christian Ministries compound in Fouke, Arkansas. In each case, parental rights were terminated because the continued control of the compound by Tony Alamo made it an unsafe environment for children. A trial court held that parents could be reunited with their children only if they moved off church property and found jobs outside the Alamo Ministries so they are not financially dependent on it. (See prior posting.) In yesterday's decisions, the Supreme Court upheld the terminations over claims that the state's actions violated parents' right to the free exercise of religion as well as various other provisions. The cases are Myers v. Arkansas Department of Human Services, Krantz v. Arkansas Department of Human Services, Parrish v. Arkansas Department of Human Services, Reid v. Arkansas Department of Human Services, and Seago v. Arkansas Department of Human Services. AP reports on the decisions.

Muslims Groups Lose FOIA Request, But Court Complains FBI Lied To It

In 2006, the ACLU filed a Freedom of Information Act request on behalf of several Muslim-American groups and mosques in southern California in order to obtain information on reported government monitoring of religious institutions. (See prior posting.) The request made its way to court, and according to an opinion issued yesterday by a California federal judge, the government, for national security reasons, provided false and misleading information to the court regarding the documents that it had found in seeking to respond to the FOIA request.  In Islamic Shura Council of Southern California v. Federal Bureau of Investigation, (CD CA, April 27, 2011), the court chastised the government, saying:

The Government’s duty of honesty to the Court can never be excused, no matter what the circumstance. The Court is charged with the humbling task of defending the Constitution and ensuring that the Government does not falsely accuse people, needlessly invade their privacy or wrongfully deprive them of their liberty. The Court simply cannot perform this important task if the Government lies to it. Deception perverts justice. Truth always promotes it.

Nevertheless, the court concluded that the government need not provide any additional records to plaintiffs because revealing even the number and nature of the relevant documents could reasonably be expected to compromise national security. AP and Main Justice both reported on the decision.

Property of Break-Away Presbyterian Congregation Belongs To PCUSA

Hope Presbyterian Church of Rogue River v. Presbyterian Church (USA), (OR App., April 27, 2011), involves a dispute over ownership of the property of a break-away congregation that left the Presbyterian Church USA in 2007 because of theological disagreements. The Oregon Court of Appeals, reversing the trial court, held that the property belongs to the national church body, concluding that: "under either the hierarchical-deference or the neutral-principles approach to the resolution of church property disputes, the record in this case is clear that Hope Presbyterian held its property in trust for the PCUSA." The Southern Oregon Mail Tribune reports on the decision.

Program Seen As Profiling Muslim Travelers Is Ended

The Department of Homeland Security filed a notice with the Federal Register yesterday (full text) effectively ending the National Security Entry-Exit Registration System (NSEERS). According to a press release from CAIR, NSEERS has been perceived as a program that profiles individuals on the basis of religion and ethnicity. Under the program, non-immigrant men and boys traveling to the United States from 24 predominately Muslim Middle Eastern and Asian countries (as well as North Korea) have been required to be photographed, fingerprinted and interviewed. They have also been required to leave the U.S. through designated ports. DHS says that it has implemented new automated systems over the past six years that capture information on non-immigrant travelers to the U.S. so that NSEERS is no longer provides any increase in security.

Proposal In Norway Would Bring Ritual Circumcision Under Government Health System

In Norway, the Labour Party is proposing a change in the health care law so that ritual circumcisions of boys-- practiced by Jews and Muslims-- will be covered without charge as part of the public health system. Views and News From Norway reported yesterday that under the proposal, parents will be permitted to either have only a doctor present, or have an individual connected with their religion and experienced in circumcision carry out the procedure under the observation of medical professionals. Since the government ended coverage 10 years ago, practitioners from other countries without recognized qualifications are often carrying out the procedure. Many Norwegian doctors are opposed to circumcision where there is no medical reason for it. The new law, however, has no specific provision for doctors to refuse to perform the procedure for ethical reasons. Also, for older children, the boy's consent as well as that of the parents would be required. The government ombudsman for children disagrees with the proposal, instead seeking to ban circumcision for boys under 16 or 18 years of age.

Virginia Board Narrows Anti-Discrimination Provisions In Adoption Agency Standards

AP reports that the Virginia State Board of Social Services voted on April 20 to eliminate various anti-discrimination protections in proposed standards for private foster care and adoption agencies. Many of the agencies involved are faith-based. (Final Regulation Agency Background Document). The original proposal (22VAC40-131-170(B)) would have prohibited denying a child placement, or denying an individual the opportunity to become a foster or adoptive parent, on the basis of race,color, gender, national origin, age religion, political beliefs, sexual orientation, disability or family status.  However, state Attorney General Ken Cuccinelli advised the Board last week that it lacked authority to go beyond the anti-discrimination provisions in federal standards for adoption plans. So the Board changed the regulations to track federal law, banning only discrimination based on race, color or national origin. (42 USC 671(a)(18)). During the public comment period, the Board received 1026 comments opposing the original language, and only 33 comments supporting it. A number of faith-based organizations opposed the original language because it would have required them to place children with same-sex couples or with individuals who are gay. It also appears that the original ban on religious discrimination might have interfered with efforts of faith-based agencies to match a child's religious beliefs. Unless the comment period is reopened, the regulations will now go to the governor, who is expected to sign them.

Muslim Group Sues New Jersey Township Over Zoning Law Excluding Mosque

The Wall Street Journal reports on the filing Tuesday in federal district court of a complaint by a Muslim group in Bridgewater Township, New Jersey alleging that the township amended its zoning ordinance in order to prevent the Al Falah Center from converting a former banquet hall into a mosque. The complaint (full text) in Al Falah Center v.  Township of Bridgewater, (D NJ, filed 4/26/2011), alleges that after local residents objected to the mosque, the township amended its zoning ordinance to bar houses of worship as conditional uses in residential areas, except for specified roads. The effect of the ordinance is to permit all existing houses of worship to remain, but to exclude the site selected for the new mosque. The suit claims that the township's action violates RLUIPA, various state and federal constitutional provisions and state statutory requirements.

ACLU Says Tennessee County Schools Promote Christianity

On behalf of three Sumner County, Tennessee families, the ACLU of Tennessee has has complained to the Sumner County school board that the school system has engaged in a pattern of unconstitutionally promoting Christianity. According to yesterday's Tennessean, a draft complaint sent to the school board cites distribution of Bibles, a cross that is displayed on one classroom wall, sectarian prayers over school loudspeakers and at school events, graduation ceremonies for three high schools being held at a local Baptist church, and a youth minister who is invited by a teacher to proselytize individual students during lunch once a week.

UPDATE: The ACLU has filed its complaint in court. Here is the full text of the complaint in ACLU of Tennessee v. Sumner County Board of Education, (MD TN, filed 5/2/2011)/

Change of Venue Granted In FLDS Land Parcel Dispute

According to the St. George (UT) Spectrum, a state court in St. George, Utah yesterday transfered a lawsuit involving land claimed by the FLDS Church to the Salt Lake County's 3rd  District court so that it can be decided together with other claims involving land owned by the United Effort Plan Trust. At issue are 20 acres that Richard Holm says he has purchased over a series of years as part of a larger 520 acre plot.  Holm purchased the land in 1990, and parcels were delivered to him over the next 10 years as he completed payment. However during the interim, the FLDS Church incorporated and Holm, a polygamist, was evicted from the 20 acres by then-FLDS president Warren Jeffs, who assigned Holm's two wives to marry Jeff's brother. Holm initially acquiesced, but later decided to fight back.  After Utah courts took control of the UEP Trust, Holm applied (in two stages) for a personal deed for the 20 acres. He says the deed has been approved by the courts. As previously reported, a federal district court recently held that Utah state courts acted unconstitutionally in asserting jurisdiction to reform the UEP Trust.

British Catholic Adoption Agency Loses Appeal Seeking To Exclude Same-Sex Couples

In Catholic Care (Diocese of Leeds), (Charity Commn., April 26, 2011), the First-Tier Tribunal of the Charity Commission of England and Wales rejected an appeal by a Catholic social service agency for permission to amend its governing documents so that it can refuse to offer adoption services to same-sex couples. The Tribunal affirmed the decision handed down last summer by the Charity Commission. It rejected the charity's argument that that the proposed amendment was justified by a provision in the Equality Act 2010 that allows a charitable organization to restrict benefits if it is "a proportionate means of achieving a legitimate aim."

Nonbelievers Seek Appointment of A Military Chaplain

The New York Times reports this morning on efforts by atheist and secular humanist groups to obtain appointment of an atheist or humanist military chaplain. This is part of a broader campaign for nonbelievers to obtain recognition in the military,  Appointment of a chaplain would help assure that all chaplains would advocate for nonbelievers with commanders, and that literature would be distributed and events advertised. A spokesman for the Military Association of Atheists and Freethinkers says a humanist chaplain would counsel troops and help them follow their faiths, just as other chaplains do. Meanwhile groups at some bases are at least moving to seek appointment of a lay atheist leader. 9,400 military members formally identify themselves as atheists or agnostics.

Bus Authority Settles Suit By Driver Fired For Refusing To Take Women To Planned Parenthood

The Austin Statesman reported yesterday that the Austin (TX) Capital Area Rural Transportation System has settled a lawsuit against it by a bus driver who was fired after he refused to transport two women to a Planned Parenthood clinic because he thought he might be taking them to have an abortion. The bus system provides rides on request to rural residents. The driver claims CARTS had an obligation to accommodate his religious beliefs opposing abortion. (See prior posting.) CARTS will pay $21,000 to settle the case. A robust debate on the settlement has been raging on Religionlaw listserv.

Backers of Prop 8 Seek To Have Ruling Invalidating It Vacated Because of Judge's Same-Sex Relationship

In Perry v. Brown, the California federal court challenge to the constitutionality of Proposition 8-- California's ban on same-sex marriage-- defendant-intervenors yesterday filed a motion (full text) to vacate the decision handed down by federal district judge Vaughn Walker last summer. Walker held that the state ban violates the U.S. Constitution. (See prior posting.)  The new motion argues:

The district judge who issued this judgment, retired Chief Judge Vaughn R. Walker, has now disclosed to the press on April 6, 2011, that he is gay and that he has been in a committed relationship for more than 10 years....The published reports of former Chief Judge Walker’s statements to the press note that he had heretofore refused to comment on these issues when asked by the press.... The published reports do not address the question whether former Chief Judge Walker and his partner have, or have had, any interest in marriage should the injunction he issued be upheld on appeal.

Given that Chief Judge Walker was in a committed, long-term, same-sex relationship throughout this case (and for many years before the case commenced), it is clear that his “impartiality might reasonably [have been] questioned” from the outset. 28 U.S.C. § 455(a). He therefore had, at a minimum, a waivable conflict and was obligated either to recuse himself or to provide “full disclosure on the record of the basis for disqualification,” id, § 445(e), so that the parties could consider and decide, before the case proceeded further, whether to request his recusal.

AP reports on these developments.

Church of England Objection Shelves Plans To Repeal Act of Settlement

As the Royal Wedding approaches in Britain, the London Telegraph reports that the Church of England has blocked government efforts to obtain repeal of the 1701 Act of Settlement which bars heirs to the throne from marrying Catholics. The British sovereign is also Supreme Governor of the Church of England. If a future heir marries a Catholic, canon law would require their children to be raised as Catholics. That in turn could result in a Catholic Supreme Governor of the Anglican Church. (See prior related posting.)

Petitions Filed To Get Circumcision Ban On San Francisco Ballot

Efforts of activists in San Francisco (CA) to ban circumcision on males under 18, even for religious reasons, are a step closer to getting the issue on the ballot. The San Francisco Chronicle reports that today proponents filed petitions with 12,265 signatures.  If at least 7,168 of them are valid, the measure will go before voters.

UPDATE: The full text of the proposal along with other information about it is available online at the San Francisco MGM Bill website.

Former SG Resigns King and Spalding To Continue To Defend DOMA For Congress

After the Obama administration announced that it would no longer defend in court the constitutionality of the federal Defense of Marriage Act (see prior posting), the U.S. House of Representatives hired former Solicitor General, Paul Clement, to defend the statute on behalf of Congress. (See prior posting.)  Clement was a partner in the Atlanta firm of King and Spalding. The National Law Journal yesterday reported that King and Spalding, under pressure from the Human Rights Campaign, has withdrawn from representing House Republicans.  Clement resigned in protest, saying in part: “I resign out of the firmly held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters.” (Full text of resignation letter via Politco), Clement plans to continue to represent Congress, joining the Washington, D.C. Bancroft law firm in order to do so. Meanwhile, according to Main Justice, Attorney General Eric Holder defended Clement, saying: “In taking on representing Congress in Connection with DOMA, I think he was doing that which lawyers do when we are at our best.”

Recent Articles and Books of Interest

From SSRN:

• Nathan B. Oman, 'I Will Give Unto You My Law': Section 42 as a Legal Text and the Paradoxes of Divine Law, (Embracing the Law, Essays on Doctrine and Covenants Section, Jeremiah John, ed., p. 42, Salt Press, Forthcoming).
• Iain T. Benson, Unexamined Faiths and the Public Place of Religion: Emerging Insights from the Law,  (April 1, 2011).
• Tetty Havinga, Regulating Halal and Kosher Foods: Different Arrangements between State, Industry and Religious Actors, (Erasmus Law Review, Vol. 3, No. 4, p. 241, 2010).
• Dr. Muhammad Munir, Triple Talaq in Islamic Law and Personal Laws of Muslim States: Continuity versus Change, (April 15, 2011).
• Joel A. Nichols, Misunderstanding Marriage and Missing Religion, (Michigan State Law Review, Forthcoming).
• Jessica Knouse, Civil Marriage: Threat to Democracy, (Michigan Journal of Gender and Law, 2012).
• Kenneth L. Marcus, The New OCR Antisemitism Policy, (Journal for the Study of Antisemitism, Vol. 2, 2011).
• Michael Allsep, James E. Parco, and David A. Levy, E Pluribus Unum: Open Homosexuality and the Culture War within the US Armed Forces, (Air and Space Power Journal, Vol. 5, No. 1, pp. 68-76, 2011).
• Perry S. Bechky, Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’, (Brooklyn Law Review, Forthcoming).
• Winnifred Fallers Sullivan, Joan’s Two Bodies: A Study in Political Anthropology, (Social Research, Forthcoming).
• Hannibal Travis, On the Existence of National Identity Before ‘Imagined Communities’: The Example of the Assyrians of Mesopotamia, Anatolia, and Persia, (April 13, 2011).

From SmartCILP:

• Ofrit Liviatan,  Faith in the Law--The Role of Legal Arrangements in Religion-Based Conflicts Involving Minorities, 34 Boston College International and Comparative Law Review 53-89 (2011).
• David Nimmer, Queen Anne in the Emperor's Shadow, 47 Houston Law Review 919-964 (2010).

New Books:

• Sanjiv Bhattacharya, Secrets and Wives: The Hidden World of Mormon Polygamy, (Soft Skull Press, 2011). Religion Dispatches has an interview with the author.
• Jonathan Dudley, Broken Words: The Abuse of Science and Faith in American Politics, (Random House, April 2011).
• Charles Kimball, When Religion Becomes Lethal : The Explosive Mix of Politics and Religion in Judaism, Christianity, and Islam, (Jossey-Bass, April 2011).
  

Wives' Damage Suits In Israeli Civil Courts Growing As Means To Obtain "Get"

Haaretz today reports on the increasing use of damage actions in civil courts in Israel by Orthodox Jewish women seeking to force recalcitrant husbands to grant them a religious divorce document ("get"). After a 2004 case in Jerusalem Family Court setting the precedent for such actions, the Center for Women's Justice filed claims on behalf of more than 40 women. In half the cases, the divorce was granted within 14 months. Lawsuits threatening large damage awards are seen by women as more effective than sanctions imposed by rabbinical courts to pressure husbands.  Under Jewish religious law, a woman cannot remarry if her husband has not given her a divorce document.

Obama Attends Easter Services At Church Founded By Freed Slaves

AP reports that President Barack Obama and his family attended Easter services this morning at the historic Shiloh Baptist Church in Washington D.C. The church was founded in 1863 by 21 freed slaves who were able to come to D.C. from Fredericksburg, Virginia.

Pope's Easter Message Addresses Libya, Migrants To Europe

Pope Benedict XVI's Easter message today focused on a number of areas of political conflict around the world. AP reports that he called for diplomacy to prevail in Libya and urged European countries to accept migrants from Libya and elsewhere in North Africa. Meanwhile a basilica in Rome is serving as a haven for 150 Gypsies whose trailer settlements are being dismantled by the city.

Early Voting In D.C. This Afternoon As Alternative To Passover Voting On Tuesday

The District of Columbia has a special election scheduled for Tuesday for an at-large city council member and two school board members.  Tuesday is also the eighth day of Passover on which observant Jews would not be able to vote. On April 13, D.C. Rabbi Shmuel Herzfeld sued the city seeking to have the election rescheduled or polls remain open until 10:00 p.m. on Tuesday so observant Jews could vote after sundown. (Washington Post). As described separately in the Washington Post by Rabbi Herzfeld, federal district judge Emmet Sullivan denied plaintiffs' request for a preliminary injunction, but admonished the election board for not on its own seeking an order to extend polling hours. Judge Sullivan suggested an alternative that has been adopted by the election board. (Press release). Early voting at one D.C. site will be available today from 12:30 p.m. to 5:30 p.m. Rabbi Herzfeld says he did not originally ask for that alternative because he did not want to burden others' observance of Easter. Absentee ballots ere available before April 19.

China Prevents House Church From Holding Outdoor Easter Service

In China today, police blocked worshipers from attending a planned outdoor Easter service at one of Beijing's largest "house" churches. House churches are Christian churches that are not registered with the government. CNN reports that police prevented 500 people from leaving their homes, and arrested 36 who attempted to attend the service that was scheduled by the Shouwang Church. The Church has been forced to hold its services outside since November when China blocked the rental of its previous office space. Shouwang Church leaders remain under house arrest as China has increased pressure on dissidents over the last three months. Hundreds of uniformed and plain clothes police surrounded the Church site today and prevented CNN journalists from entering.

Recent Prisoner Free Exercise Cases

In Allison v. Martin, 2011 U.S. Dist. LEXIS 41648 (ED MI, April 18, 2011), a Michigan federal district court refused to permit an inmate to file an amended complaint to add a new defendant and new allegations in his challenge to the denial of his request to be placed in the Kosher meal program and the refusal to give him religious materials.

In Groves v. Gusman, 2011 U.S. Dist. LEXIS 41542 (ED LA, April 15, 20110), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 41493, March 3, 2011) and permitted an inmate to proceed with claims that he is not allowed to practice his Santeria religion, to the extent that the claims are within the statute of limitations.

In Mubashshir v. Moore, 2011 U.S. Dist. LEXIS 42130 (N OH, April 19, 2011), an Ohio federal district court dismissed Muslim inmates' complaint regarding the lack of Halal food and denial of use of the chapel for services on two occasions.

In Eichler v. Tilton, 2011 U.S. Dist. LEXIS 41789 (ED CA, April 14, 2011), a California federal magistrate judge recommended dismissing an inmate's complaint alleging that he has been denied the ability to practice his anthroposophist religious beliefs.

In Rogers v. Giurbino, 2011 U.S. Dist. LEXIS 42679 (SD CA, April 20, 2011), a California federal district court dismissed an inmate's claim that he was not allowed to attend religious services.

In Vigil v. Jones, 2011 U.S. Dist. LEXIS 42589 (D CO, March 15, 2010), a Colorado federal magistrate judge recommended allowing an inmate to proceed with his claim that the practice of his "Judeo-Christianity" was burdened by prison authorities' refusal to permit him to participate in Christian and Jewish observances-- Communion, Ta'anit Esther, and the Passover Seder.

In Gause v. Vicklund, 2011 U.S. Dist. LEXIS 42967 (D AZ, April 14, 2011), an Arizona federal district court permitted an inmate to proceed with his lawsuit seeking a kosher diet.

In Cristee v. Norris, 2011 U.S. Dist. LEXIS 42971 (ED AR, March 22, 2011), an Arkansas federal magistrate judge recommended dismissing plaintiff's claim that participation in the Therapeutic Community program as a condition to his parole violates the Establishment and Free Exercise clauses.

In United States v. White, 2011 U.S. Dist. LEXIS 43438 (D KS, April 21, 2011), a Kansas federal district court rejected a motion by a criminal defendant who asked the court to amend the order committing him to prison to reflect his Muslim name that he adopted legally on the same day the court sentenced him. At sentencing, defendant did not the court of his pending name change.

Mentioning God While Questioning High School Student Is Not Establishment Clause Violation

In Sabol v. Walter Payton College Preparatory High School, 2011 U.S. Dist. LEXIS 40765 (ND IL, April 12, 2011), an Illinois federal district court, while largely focusing on other issues, held that the Establishment Clause was not violated when a chaperone on a school-sponsored trip to China mentioned God while questioning a student about her unauthorized use of alcohol. Nor did the questioning violate the due proxess clause or the 5th Amendment.

Texas Governor Declares This Weekend As "Days of Prayer for Rain"

On Thursday, Texas Governor Rick Perry issued a Proclamation (full text) declaring April 22 to 24 as "Days of Prayer for Rain in the State of Texas." His proclamation recites that Texas is in the midst of an exceptional drought and explains:

Whereas, throughout our history, both as a state and as individuals, Texans have been strengthened, assured and lifted up through prayer; it seems right and fitting that the people of Texas should join together in prayer to humbly seek an end to this devastating drought and these dangerous wildfires.

Update On Pastor Terry Jones' Legal Proceedings In Dearborn, Michigan

As previously reported, Florida Christian pastor Terry Jones, and his associate, Pastor Wayne Sapp-- known for advocating and eventually carrying out a burning of the Qur'an-- yesterday faced a Dearborn, Michigan jury after prosecutors filed a complaint under MCL Sec. 772.1 et. seq. seeking to force them to post a peace bond before they demonstrated in front of Dearborn's largest mosque. The Detroit Free Press  and WXYZ report that after a day-long trial Friday in which the jury found that their protest would create a breach of the peace, the judge ordered each defendant to post a $1 peace bond instead of the $45,000 that prosecutors had sought. The court also ordered them to stay off the property of the Mosque of America for the next three years. Initially both defendants refused to pay the $1 bond and they were led off to jail. However, as the Detroit Free Press reports in a later article, they subsequently changed their minds, paid the nominal bond, and returned to Florida. However, according to WJBK, they say they will return to Dearborn next Friday to protest at the City Hall to call attention to the deprivation of their 1st Amendment rights. Jones is also planning to file a lawsuit against the Wayne County prosecutor's office challenging his arrest. The Dearborn Press and Guide says that the Ann Arbor-based Thomas More Law Center is likely to represent Jones.

ACLU Survives Summary Judgment In Establishment Clause Suit Against Minnesota Charter School

In ACLU of Minnesota v. Tarek ibn Ziyad Academy, (D MN, April 20, 2011), a Minnesota federal district court rejected defendants' motion for summary judgment in the ACLU's Establishment Clause challenge to a state funded charter school. The court held:

Viewing the record in the light most favorable to Plaintiff, the Court determines that a reasonable juror could conclude that TiZA’s practices establish a pervasively sectarian atmosphere for the purpose of promoting Islam. In particular, a reasonable juror could conclude that TiZA was founded specifically to create a religious school and that elements of its operation have the primary principal effect of advancing the religion of Islam. Accordingly, the Court denies TiZA Defendants’ motion for summary judgment on Plaintiff’s Establishment Clause claims.

In the course of its opinion, the court also held that the Minnesota ACLU could bring the lawsuit despite its failure to make make required corporate filings in a timely manner; and that private parties have a right to assert challenges under the Establishment Clause of the Minnesota constitution. The court rejected various other challenges by defendants to the relief sought, holding in part that plaintiff can seek a refund to the state of a portion of state aid given to the school. Finally the court dismissed certain individual capacity claims and granted cross claims for indemnification by the Minnesota Commissioner of Education and the school; sponsoring organization. The St. Paul Pioneer Press reports on the decision. (See prior related posting.)

Florida Pastor To Stand Trial On Posting Bond Before Anti-Muslim Demonstration

At a hearing yesterday in Dearborn, Michigan, a state trial court ordered Florida pastor Terry Jones to either post a bond to cover costs that his Good Friday demonstration in front of a large Dearborn mosque will create, or else stand trial on Friday at which time a jury will determine whether Jones should be required to post bond. The Detroit Free Press reported yesterday that Jones-- who has gained notoriety from his church's burning of a Qur'an-- chose to stand trial. Jones says he is concerned that the Friday trial might interfere with the planned 5:00 pm demonstration.  The Michigan ACLU says that the state is depriving Jones of his free speech rights by demanding a bond. (See prior related posting.)

Cert. Petition Filed In Utah Highway Patrol Memorials Case

A petition for certiorari (full text) in Davenport v. American Atheists, Inc. has been filed with the U.S. Supreme Court, according to a press release by Utah's attorney general. In the case, the 10th Circuit held that the Utah violated the Establishment Clause when it permitted the Utah Highway Patrol Association to put up on public land some 13 crosses, each 12 feet high, as memorials to Patrol members who were killed in the line of duty. (See prior posting.) The 10th Circuit refused en banc review with 4 judges filing 2 dissenting opinions. (See prior posting.) The cert. petition asserts: "a three-way circuit split has developed over the appropriate test for evaluating whether a passive display with religious imagery violates the Establishment Clause." ABC4 News reports that former Texas Solicitor General Ted Cruz will represent Utah in the case pro bono.

Nepalese Christians Seek Burial Grounds

According to Compass Direct News earlier this week, in Nepal a Christian group has filed a petition with the country's Supreme Court in an attempt to obtain burial grounds in Nepal for Christians.  Up to now, Christians were allowed to use forested land belonging to a Hindu Temple for burials. However, earlier this month the Pashupati Area Development Trust (PADT) said it would no longer allow forest lands to be used.  So a Christian pastor filed a petition asking the Supreme Court to intervene, and one judge ordered the government and the PADT to stop interfering with Christian use of forest land until the courts resolve the issues. But then a Hindu activist filed a counter-suit attempting to keep Christians from using Hindu Temple property for Christian burials. Meanwhile the recently formed Christian Burial Ground Prayer and National Struggle Committee began a relay hunger strike in Kathmandu asking for Christian cemeteries in all 75 districts of Nepal. The government has appointed a committee to look into the demand and to report back in two weeks.

County's Denial of Permit For Nativity Scene On Road Median Upheld

In Satawa v. Board of County Road Commissioners of Macomb County, 2011 U.S. Dist. LEXIS 42196 (ED MI, April 19, 2011), a Michigan federal district court upheld Macomb County, Michigan's refusal to permit plaintiff to set up a nativity display on the median of a heavily traveled road.  Plaintiff's family had erected the display at this site almost every year since 1945, but in 2008 the county for the first time received a complaint about it. The court concluded that the road median is not a traditional public forum, and that even if it is, the county had a compelling safety interest in banning the display.  A church, a few hundred yards away, was available as an alternative site. The court also rejected plaintiff's Establishment Clause and equal protection arguments. (See prior related posting.)

Anti-Catholic Conversations Created Hostile Work Environment

In Haley v. Kopf, (AK St. Commn. Hum Rts., April 8, 2011), the Alaska State Commission for Human Rights awarded a former employee of a general store damages of $76,853 after finding that the store's owner violated AS 18.80.220(a)(1) by creating a hostile work environment based on religion. After Paul Kopf purchased Goldstream General Store, he began talking about religion extensively and made anti-Catholic statements to Lynn Dowler, a 27-year employee who was currently the store manger. She and three other employees resigned after receiving a new set of work rules from Kopf, one of which stated: "The OWNER of this BUSINESS is a very active CHRISTIAN who by nature of personality strives with lifetime goals to the benefit of humanity. The OWNER is by nature prone to religious and philosophic conversations. Anyone who thinks they can WEAR their religion/ philosophy/ ideology/ expression of who they are and does not want to hear someone else's said state of being will be considered hypocritical and incompatible with the group...." AP reports on the decision.

Free Exercise Challenge To Kansas Medicaid Rules Argued

The Kansas City Star reports on an interesting free exercise challenge to Kansas' Medicaid rules argued in the Kansas Court of Appeals on Tuesday. Mary Stinemetz, a Jehovah's Witness, needs a liver transplant. Kansas will pay for the surgery if performed at the University of Kansas Hospital. However, Stinemetz, for religious reasons, insists on transplant surgery without any blood transfusion-- a procedure which is available in an Omaha, Nebraska hospital, but not in Kansas. State Medicaid rules pay for out-of-state treatment only when it is "medically necessary." Kansas officials say that the patient's religious objections to blood transfusions do not amount to medical necessity.

New Arizona Law Exempts Churches From Political Committee Registration

On Monday, Arizona Governor Jan Brewer signed S.B. 1282 that provides no religious assembly or institution will be required to register as a political committee, so long as it does not spend a substantial amount of time or assets influencing legislation, or any referendum, initiative or constitutional amendment. The American Independent reported Monday that the new law is aimed at assuring-- as required by 9th Circuit precedent-- that campaign finance laws do not apply to speech by churches on issues of public importance that appear on the election ballot. A 2009 case decided by the 9th Circuit invalidated application of Montana's campaign finance laws to a Church that engaged in limited activities in support of a constitutional initiative banning same-sex marriage. (See prior posting.)

Appeals Court Defers To Church Synod In Dispute Over Church Closing

In Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in America v. Meena, (PA Commonwealth Ct., April 18, 2011), a Pennsylvania appellate court, in a 6-2 decision written by Judge Pellegrini, held that it must defer to the decision of the governing Synod to impose synodical administration on a local church and close it because of its diminished attendance and income.  Judge Leavitt, joined by Judge McCullough dissented arguing that the case should be remanded for the trial court to determine, under neutral principles of Pennsylvania corporate law, whether the bylaw of the Synod that authorized it to take control of the local church is inconsistent with the Synod's Charter.

Controversial Pastor Wants To Demonstrate Against Islam In Dearborn On Good Friday

Florida pastor Terry Jones, who has gained notoriety for placing the Qur'an on trial and burning a copy in his small Florida church (see prior posting), is planning to hold a Good Friday demonstration in front of Dearborn, Michigan's Islamic Center of America. Police fear that the demonstration will cause a riot, and say that Jones and an associate will both be carrying guns. Police fear Jones will burn another Qur'an at his demonstration, though Jones denies this and says he will merely be demonstrating against Sharia and extremist Islam. According to the Detroit News, Michigan prosecutors want Jones to post a bond before the demonstration, and to pay the projected $100,000 in extra police overtime costs that will be incurred because of the demonstration.  A state court judge has set a hearing for 3:00 p.m. on Thursday. Meanwhile, Dearborn Mayor Jack O'Reilly has written a powerful open letter to Jones (full text) asking him to hold his demonstration at the city's "Permit Free Zone" in front of City Hall.  The mayor says that if Jones instead demonstrates in front of the Islamic Center, he will also be blocking access to Good Friday services at four nearby Christian churches.

White House Hosts Passover and Easter Events

This week the White House has hosted both Passover and Easter events. On Monday evening, the President and First Lady hosted a small Passover Seder in the Old Family Dining Room of the White House. A White House release points out that during the 2008 Presidential campaign, Obama began his tradition of hosting a Seder. This year the White House included on its website interesting recipes from 8 Jewish chefs around the country.

On Tuesday morning, the President hosted the White House's 2nd annual Easter Prayer Breakfast in the East Room. Christian clergy and leaders from around the country were in attendance. In his remarks (full text included in White House Release), Obama said in part:

I wanted to host this breakfast for a simple reason -– because as busy as we are, as many tasks as pile up, during this season, we are reminded that there’s something about the resurrection -- something about the resurrection of our savior, Jesus Christ, that puts everything else in perspective.

Supreme Court Holds Inmates May Not Recover Damages Against States In RLUIPA Suits

In an important interpretation of the Religious Land Use and Institutionalized Persons Act, the U.S. Supreme Court on Tuesday in Sossamon v. Texas (US Sup. Ct., April 20, 2011) held, in a 6-2 decision, that states which accept federal funding for their prisons retain sovereign immunity to monetary damage claims under RLUIPA. Section 4 of RLUIPA provides that inmates may “obtain appropriate relief against a government” that has substantially burdened their religious exercise without having a compelling interest for doing so, and which does not use the least restrictive means in achieving that interest. The majority opinion, written by Justice Thomas, concluded that waiver of sovereign immunity requires an express and unequivocal statement to that effect in the statute, and that this standard has not been met here as to the imposition of monetary damages. A dissent, written by Justice Sotomayor and joined by Justice Breyer disagreed. They argued that it should have been clear to state officials that “appropriate relief” includes monetary damages and not just equitable relief.  They worried that without the possibility of monetary damages, often effective relief will be unavailable. Justice Kagan took no part in the decision.  UPI reports on the decision.  (See prior related posting.)

Cert. Denied In Kentucky Baptist Homes Cases

The U.S. Supreme Court today denied certiorari in two companion cases, Kentucky Baptist Homes v. Pedreira (Docket No. 09-1121, cert, den. 4/18/2011) and Pedreira v. Kentucky Baptist Homes (Docket No. 09-1295, cert. den. 4/18/2011). (Order List.) In the case the 6th Circuit first rejected an employment discrimination claim brought brought by a Family Specialist who had been fired because she was a lesbian. Second, the 6th Circuit held that federal taxpayers lack standing to challenge the channeling of federal child care funds to KBHC by the state of Kentucky, but that state taxpayers have standing to challenge state funds paid to KBHC for the care of children. (See prior posting.) Courthouse News Service reports on the Supreme Court's denial of review. [Thanks to Don Byrd for the lead.]

Companion Arizona Tuition Organization Tax Credit Case Summarily Decided By Supreme Court

Today, the U.S. Supreme Court disposed summarily of Arizona School Choice Trust v. Winn, (Docket No. 09-988) granting certiorari and remanding the case to the 9th Circuit for further proceedings. (Order List)  The case was a companion case to Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn that the Court decided together earlier this month, holding that taxpayers lack standing to challenge Arizona's school tuition organization tax credit program. The cases decided together had the same counsel, while different counsel represented petitioners in the case disposed of today.

Senate Confirms International Religious Freedom Ambassador

CBN News reports that on April 14 the U.S. Senate finally confirmed Dr. Suzane D. Johnson Cook as Ambassador at Large for International Religious Freedom.  President Obama nominated Cook initially in 2010, but when the 111th Congress failed to vote on her confirmation, the President resubmitted it this year. (See prior posting.) [Thanks to Religion News Service for the lead.]

Malta Ambassador Douglas Kmiec Resigns After Criticism of His Religious Writing

AP and National Catholic Reporter both report on the resignation of U.S. Ambassador to Malta, Douglas Kmiec. Last week he announced he will resign as of August 15 after a State Department Inspector General's report criticized him for spending too much time writing and speaking about his Catholic religious beliefs. (See prior posting.) In his April 13 resignation letter to President Obama (full text) asking the President to "accept my resignation effective on the Feast of Assumption 2011," Kmiec said that he doubted very much whether one could ever spend too much time trying to find common ground between faiths. In a letter sent to Secretary of State Hillary Clinton (full text), Kmiec complained that the Inspector General's office "failed to read any of my writing or see its highly positive effect on our bilateral relations."

Obama Extends Passover Wishes To Those Celebrating the Festival

The Jewish holiday of Passover begins tonight.  On Friday, President Obama issued a statement (full text) extending warmest wishes from him and his family to all those celebrating the holiday. The statement said in part:

The Seder, with its rich traditions and rituals, instructs each generation to remember its past, while appreciating the beauty of freedom and the responsibility it entails.

This year, that ancient instruction is reflected in the daily headlines as we see  modern stories of social transformation and liberation unfolding in the Middle East and North Africa.

Recent Articles of Interest

From SSRN:

• John Witte and Joel A. Nichols, Faith-Based Family Laws in Western Democracies?, (Fides et Libertas: The Journal of the International Religious Liberty Association, pp. 119-132, 2010).
• Raj Bhala, Doha Round Betrayals, (Emory International Law Review, Vol. 24, pp.147-183, 2010).
• Barak D. Richman, Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels, (April 12, 2011).
• William P. Umphres, ‘Justice is a Bad Idea for Christians’: Religious Identity in Political Deliberation, (April 1, 2011).
• Nicholas Aroney and Rex Ahdar, The Topography of Shari’a in the Western Political Landscape, (Shari'a In the West, Rex Ahdar and Nicholas Aroney (eds), Oxford: Oxford University Press, 2010).
• Hannibal Travis, Youtube from Afghanistan to Zimbabwe: Tyrannize Locally, Censor Globally, (Florida International University Legal Studies Research Paper No. 11-10, April 1, 2011).
• Hannibal Travis, Genocide in the Middle East: The Ottoman Empire, Iraq, and Sudan, (Genocide in the Middle East: The Ottoman Empire, Iraq, and Sudan, Carolina Academic Press, 2010).
• I. Glenn Cohen and Sadath Sayeed, Fetal Pain, Abortion, Viability and the Constitution, (The Journal of Law, Medicine and  Ethics, Vol. 39, 2011).
• Deana Pollard-Sacks, Snyder v. Phelps: A Slice of the Facts and Half an Opinion, (Cardozo Law Review De Novo, p. 64, 2011).

Court Says Factual Issues Remain As To Reasonable Accommodation of Sabbath Observance

In Maroko v. Werner Enterprises, Inc., (D MN, April 14, 2011), a Minnesota federal district court refused to grant summary judgment to a Seventh Day Adventist employee who was terminated from his position as a delivery truck driver because he refused to work on his Sabbath-- sundown Friday to sundown Saturday. In plaintiff's Title VII action, the court concluded that disputed factual issues exist as to whether the employer had offered plaintiff a reasonable accommodation. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.]

Why Has The Niqab Become So Controversial In France?

Today's New York Times carries and interesting and provocative analysis of why wearing of the niqab (full face veil) by Muslim women has become such a controversial issue in France. (A French ban on wearing the full face veil in public took effect last week.)  Here are some excerpts:

In French culture, the eyes are supposed to meet in public, to invite a conversation or just to exchange a visual greeting with a stranger. Among Muslims, the eyes of men and women are not supposed to meet, even by chance, and especially not in public or between strangers....

French tradition has also long encouraged mixing of the sexes in social situations. “The veil ... interrupts the circulation of coquetry and of paying homage, in declaring that there is another possible way for the sexes to coexist: strict separation.”

A more familiar explanation for French antagonism to the facial veil is historical and political: the deep-rooted French fear, resentment and rejection of the “other” — the immigrant, the invader, the potential terrorist or abuser of human rights who eats, drinks, prays and dresses differently, and refuses to assimilate in the French way.....

Meanwhile, France will remain France — the land where the uncovered body is celebrated. Billboards and posters on Paris streets regularly feature naked breasts and buttocks.

Can Faith-Based Groups Receiving Government Funds Have Discriminatory Voting Policies?

A New York Times report on Friday raises the question of what sort of anti-discrimination rules apply to faith-based social service agencies that receive federal government funding. In Brooklyn, New York's Crown Heights-- an area populated mostly by Hasidic Jews-- the Crown Heights Jewish Community Council has received millions of dollars in government grants over the years to offer a variety of social services.  However, the Council's rules impose strict limits on who can vote for leaders of the Council.  To vote, one must be Jewish and a religiously observant residents of Crown Heights; must be married, previously married or at least 30 years old; and must be male.  Now one Crown Heights resident, Eliyahu Federman, is challenging the Council's disenfranchisement of women. The Council's executive director says that the entire Council structure, including voting policy, is under review. The next elections are in 2013.

Reform Demands In Egypt Hit Al-Azhar University

MEMRI on Friday published an extensive analysis of how the protests for reform and change in Egypt are impacting Al-Azhar University, the most important center of Sunni Muslim study. Critics are claiming that Al-Azhar is too too identified with the Mubarak regime and that it is allowing political Islam to take over the revolution in Egypt instead of providing leadership for change.

Statements Made In Church Annulment Proceedings Are Absolutely Privileged

Purdum v. Purdum, 2011 WL 1430279 (Dist. Ct. Kan., April 11, 2011) (available on Westlaw), involved a defamation claim by plaintiff against his former wife alleging that in the course of ecclesiastical annulment proceedings she submitted a written statement to the Catholic Archdiocese alleging, among other things, that plaintiff "was diagnosed bipolar." The court denied a request by the Archdiocese to intervene as a party to argue that the court lacks jurisdiction over plaintiff's claim, but the court permitted the Archdiocese to submit issues as an amicus curiae. The court rejected the Archdiocese's claim that it should dismiss the case under the "church autonomy doctrine", because that applies only when there is a challenge to action by a church that would involve courts in deciding matters of faith, doctrine or internal governance. However, the court concluded that:

Nonetheless, the Free Exercise Clause of the First Amendment does apply in this case to protect the defendant's confidential communications with her church or its representatives.... [I]n this case, the statement is absolutely privileged as made pursuant to the defendant's First Amendment right to Free Exercise of her religion..... To hold otherwise, would require individuals to defend themselves in civil court for statements made during required religious proceedings, even if the statements are later determined to be true.

[Thanks to Eugene Volokh via Religionlaw for the lead.] 

Today Religion Clause Blog Is 6 Years Old !

Religion Clause is 6 years old today. Thank you to all my readers who have been on board for many years and to the many newer visitors as well. If you continue to find Religion Clause useful, please recommend it to others who are also interested in church-states and religious liberty issues.

Sometime next month, Religion Clause will record its 1 millionth visitor. All of you have contributed to the success of the blog. Many who are professionally involved in church-state and religious liberty issues read the blog; and so do others who are online because of personal interest in the subject areas covered. The blog continues to be committed to religiously and ideologically neutral reporting of legal and public policy developments. I believe this is a unique niche in the blogosphere.

My goal is to keep the posts reasonably short, but provide extensive links, particularly to primary source material. I welcome your e-mails on leads for blog posts. I also urge you to e-mail me with any corrections that are called for in postings-- accuracy is an important goal on Religion Clause. You can reach me at religionclause@gmail.com. I plan to maintain the same format for the blog in the upcoming year.  However I welcome e-mails from all of you suggesting changes or different directions you would find useful or interesting.

Recent Prisoner Free Exercise Cases

In Pelzer v. McCall, 2011 U.S. Dist. LEXIS 38349 (D SC, April 6, 2011), a South Carolina federal district court rejected a Muslim inmate's request for a preliminary injunction. The inmate claimed that the Establishment Clause was violated by the prison Chaplain's Office distributing to him a newsletter containing references to Christianity.

In Anderson v. Arizona Department of Corrections, 2011 U.S. Dist. LEXIS 39352 (D AZ, April 1, 2011), an Arizona federal district court dismissed an inmate's claim that his free exercise rights were violated because he was not allowed to possess hardcover books and he cannot find his religious books in soft cover editions.

In DeVon v. Diaz, 2011 U.S. Dist. LEXIS 39393 (ED CA, April 1, 2011), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that his rights under the 1st Amendment and RLUIPA were infringed when he was denied the right to eat kosher food and was denied fellowship.

In Annabel v. Caruso, 2011 U.S. Dist. LEXIS 39790 (WD MI, April 12, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 39788, Jan. 18, 2011) and dismissed an inmate's claims that his rights under the 1st Amendment and RLUIPA were violated when prison authorities refused to provide him with a Hebrew calendar or relay to him the dates of the 2008 Fall Holy Days. However plaintiff was permitted to proceed on his claim for grape juice and unleavened bread during Passover.

In Hare v. Hayden, 2011 U.S. Dist. LEXIS 40683 (SD NY, April 14, 2011), a New York federal district court rejected an inmate's claim that her removal from the position of clerk to the prison's Catholic chaplain was retaliation for her complaints about another chaplain's removing Catholic religious items.  The court also rejected various claims regarding the suspension of certain Catholic religious programs and occassional interference with plaintiff's staying in the chapel for Mass.

In Myers v. Raemisch, 2011 U.S. Dist. LEXIS 40373 (ED WI, April 5, 2011), a Wisconsin federal district court permitted an inmate who is an initiate into the Hermetic Order of the Golden Dawn was allowed to move ahead with his suit seeking permission to obtain a particular tarot card deck that was designed exclusively for use by believers of the Golden Dawn, as well the tarot's companion book. Department of Corrections  rules permitted only a different tarot.

9th Circuit: Contract Prison Chaplains Are Not "State Actors"

In Florer v. Congregation Pidyon Shevuyim, (9^th Cir., April 15, 2011), the U.S. 9^th Circuit Court of Appeals held that a Jewish organization that contracted with the Washington State Department of Corrections to furnish Jewish chaplains for prisoners was not a “state actor” for purposes of 42 USC 1983 or RLUIPA when it denied an inmate a Torah, a Jewish calendar and a visit by a rabbi on the ground that the inmate was not Jewish. The court concluded that the organization’s policy to furnish services only to inmates that are Jewish according to its criteria is its own policy, not that of the state. Nor was the organization or its chaplain carrying out a “public function” when they denied religious materials and services to plaintiff.  The court also rejected plaintiff’s “joint action” argument. Thus the court dismissed plaintiff's lawsuit since private parties not acting on behalf of or jointly with the state are not liable under Sec. 1983 or RLUIPA.