Clergy Group Among Plaintiffs Challenging Alabama's New Law On Illegal Immigration

The Southern Poverty Law Center announced yesterday that it has led a group of civil rights organizations in filing a lawsuit challenging the constitutionality of HB56, a strong state law enacted last month by the Alabama legislature to combat illegal immigration. The complaint (full text) in Hispanic Interest Coalition of Alabama v.  Bentley, (D AL, filed 7/8/2011), contending that the state law is invalid on several constitutional grounds, was brought on behalf of a number of organizational and individual plaintiffs, including the Greater Birmingham Ministries (GBM) and several clergy. Here are allegations from the complaint regarding GBM's interest in the matter:

54.... GBM serves approximately 3,000 families per year... by providing free non-perishable foods and fresh vegetables and fruits; free clothes, including clothes for school-age children; and financial support in the form of rental payments, utility bill payments, bus passes, and prescription drug payments. GBM does not have the need or capacity to ask for immigration status from its clients before offering them services. Under HB 56, GBM fears that this policy may lead them to be prosecuted for encouraging undocumented immigrants to stay in Alabama or for aiding in harboring and transporting them due to paying for their rent, utilities, and bus passes.

55. Additionally, GBM’s members have expressed this fear of prosecution since they often directly provide transportation to undocumented members of their congregations for vacation Bible school for school-age children and for healthcare and childcare.

56. Undocumented individuals from GBM congregations have also expressed concern that their children may not be able to attend school if they have to register with their child’s public school under HB 56. These members fear that their immigration status will be sent to the federal government and lead them to being detained and possibly deported under HB 56.

57. GBM is also concerned that it will soon have to divert organizational and financial resources because immigrants from their congregations are already leaving Alabama due to HB 56. GBM relies on members for volunteers, and if its congregations no longer have as many members, GBM will have to decrease the number of services it provides due to the decreasing volunteer base that GBM draws from.

58. Because GBM is publicly opposed to HB 56, it is likely that member congregations that do not agree with GBM will limit, or cease, their support of GBM, which would also lead to a diversion of resources.... 

U.N. Special Rapporteur Pressured To Resign Over Anti-Semitic Cartoon On His Personal Website

Ambassador Eileen Donahoe, U.S. Representative to the United Nations Human Rights Council, issued a statement yesterday calling for the resignation of Richard Falk, the U.N. Special Rapporteur on human rights in the Palestinian territories because of a now-removed anti-Semitic cartoon which Falk posted on his personal website. She also has sent a letter to the UN High Commissioner complaining about Falk. Falk's June 29 blog posting criticizes the International Criminal Court for issuing arrest warrants for Libya's Mummar Quaddafi, his son, and Libya's intelligence chief.  The posting claims that the Court was being manipulated for political purposes by the United States and NATO. Along with the narrative is a cartoon of Lady Justice being led around by a dog wearing a sweater inscribed USA, wearing a kippah with a Star of David on it, and urinating on the statue.  The dog is chewing on the bones of a skeleton. On Wednesday, Falk issued an apology on his blog, saying that he had not detected the anti-Semitic symbolism in the cartoon before it was pointed out to him, and that then he removed the cartoon. Falk then issued a further explantion in a follow-up blog posting the same day:

Because this unintentional posting of an anti-semitic cartoon has attracted such attention to my blog, and elicited a stream of venomous comments, I want to explain my mistake one last time.... 

Even now I needed a magnifying glass to identify the anti-semitic character of the dog. My vision (at 80) is pretty good, but not good enough. It looked like a helmet to me, and the main visible symbol on the dog was the USA midriff covering. I found the cartoon through a Google image search on the page devoted to the International Criminal Court. Almost all the images there were about the Court or justice, and I assumed that this blindfolded goddess of justice was being led around by the USA. I am quite sure this cartoon would never have been allowed on the Google page if its true content had been realized, and it should be removed. Without a special effort, which admittedly I did not make, this true content is easy to overlook, and even when the initial objection to the cartoon was brought to my attention, and I looked at it, I did not appreciate the objectionable character of what was intended to be communicated.

The NGO UN Watch is also calling for Falk's resignation, as is the Jewish Council for Public Affairs.
[Updated]

Dalai Lama Emphasizes Church-State Separation Explaining His New Role To Congress

On Wednesday, the Dalai Lama began a two week visit to the United States that includes 11-days of participation in Kalachakra initiations in Washington D.C. Phayul details his schedule. Yesterday the Dalai Lama met with a bipartisan group of Congressional leaders. According to CNN, he used the occasion to explain his recent decision to step down as the political head of his Tibetan government in exile, saying it reflected his belief in separation of church and state:

The religious institution, the leader of the religious, and the political leadership, should be separate. I myself combine! So my statement, my explanation, become like hypocrisy. Saying something, doing something different. Religious institutions, political institutions, must be separate - the last several decades I emphasized that.

Suit Challenges Ballot Summary For Missouri Religious Freedom Amendment

As previously reported, Missourians will vote next year on a proposed state constitutional amendment (full text) that, if passed, will expand the language of the religious freedom protections in the current Art. I, Sec. 5 of the Missouri Constitution. Now, according to an AP report yesterday, the American Civil Liberties Union has filed a state court action challenging the wording of the summary of the measure that will appear on the ballot.  The suit alleges that the summary fails to indicate the effect of language in the amendment that provides: "no student shall be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs."  The suit also argues that the ballot summary fails to mention that prisoners might lose some religious protections they now have under the state constitution. The amendment provides: "this section shall not be construed to expand the rights of prisoners in state or local custody beyond those afforded by the laws of the United States."

Small North Carolina School's Grads Choose Preacher, Get Sermon, At Commencement

Wednesday's Smoky Mountain News carries an article about last month's graduation ceremony for the nine graduating seniors at Nanthala School, a K-12 school in Macon County, North Carolina.  The school gave the students a choice of who they wanted as their graduation speaker. They chose Rev. Daniel "Cowboy" Stewart, pastor of a small Baptist church in Robbinsville (NC).  Here is report on Stewart's speech:

Stewart gave a rousing sermon, in which he brought a volunteer on stage, bound them in numerous ropes until they couldn’t move and then placed a bag over their head. It was an object lesson illustrating the prowess of the devil at prowling like a roaring lion, seeking whom he may devour. “The devil is out to destroy you, to tie you up. These people who took drugs, overdosed and died didn’t mean to. They got tied up,” said Stewart... The roaring lion bit was a reference to the Biblical book of 1 Peter....

Macon County superintendent Dan Brigman said he saw no 1st Amendment problem since the students chose the speaker.

Vatican Signs Agreement With Azerbaijan Securing Legal Status of Church

CNA reports that on Wednesday, the Vatican signed an historic treaty with Azerbaijan securing the legal status of the Catholic Church in Azerbaijan, and protecting freedom of religion. The agreement is seen as a possible model for treaties with other Muslim-majority nations.  Azerbaijan is 99% Muslim, and only about 400 Catholics reside in the country.

ECHR Grand Chamber: European Convention Protects Military Conscientious Objectors

The Grand Chamber of the European Court of Human Right yesterday, in a 16-1 decision, overruled prior precedent as well as a Chamber judgment in the case, and held that Art. 9 of the European Convention on Human Rights protects military conscientious objectors.  In Bayatyan v. Armenia, (ECHR, July 7, 2011), the court awarded damages to a Jehovah's Witness who had been imprisoned for refusing to serve in the Armenian military.  The Court said:

opposition to military service, where it is motivated by a serious and insurmountable conflict between the obligation to serve in the army and a person’s conscience or his deeply and genuinely held religious or other beliefs, constitutes a conviction or belief of sufficient cogency, seriousness, cohesion and importance to attract the guarantees of Article 9.

In reaching this conclusion, the Court said:

the Convention is a living instrument which must be interpreted in the light of present-day conditions and of the ideas prevailing in democratic States today....

Subsequent to the conviction at issue in this case, Armenia changed its law to provide for conscientious objection. Yesterday, in light of the ECHR decision, Amnesty International issued a joint statement with four other groups calling on Turkey and Azerbaijan-- the only two European Convention adherents without conscience laws-- to enact legislation to protect conscientious objectors. It also called on Armenia to make its Alternative Service law more meaningful.  Forum18 has more background on the situation.

Pakistan's Supreme Court Keeps This Year's Hajj Quota Allocations; Orders Changes For 2012

In Pakistan, private tour operators have been challenging the manner in which Hajj quotas were allocated this year to Pakistan's private tour operators. Thirteen tour operators sued the Federal Government and several government ministries claiming that the Ministry of Religious Affairs had allocated quotas on the basis of personal favoritism and political influence. The suit also challenged the Ministry's decision to deny a quota for new tour operators. (See prior posting.) In early June, the Lahore High Court declared the 2011 policy illegal and directed that quotas for this November's pilgrimage be reallocated in a transparent manner.  The Nation reports that today, Pakistan's Supreme Court set aside the Lahore High Court's order. The Supreme Court held that this year's quotas will not be changed given the loss it would cause to tour operators and the inconvenience that would be created for the 90,000 pilgrims involved. However the Court ordered that a coordinated policy, which will include new tour operators, is to be implemented for 2012.

Court Dismisses Failure To Supervise Claims Against Archdiocese In Sexual Abuse Case

In Doe v. Roman Catholic Archdiocese of St. Louis, (MO App. July 5, 2011), a Missouri appellate court rejected plaintiff's claim against the Archdiocese of St. Louis for intentional failure to supervise one of its priests who sexually abused plaintiff as a teenager.  The court held that under Missouri law, a duty to supervise arises only as to activity that takes place on Church premises or that occurs while the priest was using a chattle (non-real property) belonging to the church. The fact that the Archdiocese permitted the priest to take children off premises, knowing he had previously engaged in sexual abuse of minors, was not enough to create liability.  The court also dismissed plaintiff's negligence claims, concluded that the First Amendment bars assertion of tort claims for negligence in supervising, retaining or hiring sexually abusive clergy.

Muslim Religious Services In Canadian School Angers Hindus, Raises Legal Issues

Canada's National Post reported Tuesday on questions raised by the practice in a Toronto public school that has a predominately Muslim student body of permitting an imam to conduct a 30-minute prayer service for students in the school cafeteria on Friday afternoons. Valley Park Middle School is 80% to 90% Muslim, and some 400 students each week choose to attend the service.  While there is a mosque down the street, parents are concerned about safety and the students' failing to promptly return to school that is involved if students are merely excused to attend services there. School officials see the in-school alternative as an accommodation of students' religious practices, and not the kind of imposition of religion in the classroom that the Ontario Court of Appeals found unconstitutional in the 1988 case of Zylberberg v. Sudbury Board of Education. That case involved opening of class with a scripture reading and the Lord's Prayer.  In a National Post interview, a Canadian Civil Liberties spokesperson said:

If you looked at what happened with the Lord’s Prayer — even though you had an opt-out for students who didn’t want to say the prayer — the concern was they would be subject to a lot of peer pressure that could make life difficult. Given the size of the Muslim population in this school, it may raise similar concerns of pressure on non-Muslims to participate.

Meanwhile, Hindu groups are complaining about the potential for inflammatory preaching against Hinduism, and the fragmentation of the student body that this involves.  Canada's South Asian Focus reports that the group Canadian Hindu Advocacy says that the Muslim services in the school are unacceptable.  SAF spokesman Ron Banerjee said that his group is also opposed to the serving of halal meat in the public schools.  He added: "Our organisation is determined to ensure all Hindu students are provided non-halal meat alternatives."

9th Circuit Lifts Stay On Injunction Against "Don't Ask, Don't Tell"

Yesterday in Log Cabin Republicans v. United States, (9th Cir., July 6, 2011), the U.S. 9th Circuit Court of Appeals lifted a stay it had previously granted in the appeal of a challenge to the constitutionality of the military's "Don't Ask, Don't Tell" policy.  Last October, a California federal district court found the policy unconstituitonal and permanently enjoined its enforcement.  (See prior posting.)  In November, the 9th Circuit issued an order staying the injunction pending appeal. The U.S. Supreme Court refused to vacate the stay.  Then in December, Congress passed and the President signed a law repealing "Don't Ask, Don't Tell", but providing that the policy will not end until 60 days after the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff certify that implementation is consistent with military effectiveness and readiness, unit cohesion and recruiting and retention. (See prior posting.)  In yesterday's decision lifting the stay, the court said:

Appellants ... state that the process of repealing [DADT] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer. The circumstances and balance of hardships have changed, and appellants ... can no longer satisfy the demanding standard for issuance of a stay.

CNN, reporting on yesterday's decision, quotes a Pentagon spokesman as saying that the statutory certification was just weeks away anyway. He added that the military "will of course comply with orders of the court, and are taking immediately steps to inform the field of this order."

Georgian Parliament Permits Minority Religions To Register As Legal Entities

According to Civil.ge, the parliament of the nation of Georgia yesterday passed amendments to the civil code that will allow minority religious groups to register as legal entities. 83.9% of Georgia's population are followers of Orthodox Christianity-- primarily the Georgian Orthodox Church. (Wikipedia.) The final version of the law allows religious groups having "close historic ties" with Georgia, as well as religious groups recognized by Council of Europe member states, to choose to become either a private law entities or public law entities.

A senior cleric of the Georgian Orthodox Church suggests that the rapid passage of the new legislation is a victory for the Armenian Apostolic Church which has been unable to reach an agreement directly with the Georgian Orthodox Church over disputed ownership of several church buildings in Georgia. Lawmakers failed to include in the final bill a provision requiring the government to negotiate with foreign countries over the status of Georgian Orthodox churches in those nations.

A second report by Civil.ge today indicates that a number of opposition parties, supporting the Georgian Orthodox Church, are urging President Saakashvili to veto the law, or to at least declare Orthodox Christianity as the official state religion.

Charges Against Santero Dropped As Prosecutors Examine Free Exercise Issues

Utah prosecutors have dropped, at least temporarily, two charges of desecration of a human body that had been brought against a Santeria clergyman (santero). According to yesterday's Salt Lake Tribune, last week prosecutors asked a state court judge to dismiss the case without prejudice while they investigated further the constitutional free exercise of religion issues involved.  In March, a Narcotics Strike Force, insted of finding drugs, found hundreds of pounds of animal remains as well as two human skulls at the Clearfield (UT) home of Roberto Casillas-Corrales.  Apparently the two human skulls were purchased by the santero for $3500.

Australian State Government Backs Bill To Require Removal of Burqa In Police Stops

In the Australian state of New South Wales, the cabinet of Premier Barry O'Farrell has approved for introduction into Parliament later this year a law that will allow police to require motorists or others to remove face coverings, such as a burqa or niqab, if police have reasonable ground to believe that a violation of law or breach of security may have occurred. The Australian reported yesterday that the move comes after a highly publicized incident in which a conviction for filing a false police report was overturned because it could not be shown that the defendant was the burqa-wearing woman who filed the report. The report falsely accused police of trying to tear off the woman's burqa when she was stopped for a random traffic breath test. (See prior posting.) Under the proposed new law, refusal to remove a face covering could lead to a sentence of up to 12 months in jail.

Mexican Electoral Tribunal Orders Sanctions Against Catholic Archdiocese

According to yesterday's National Catholic Reporter, Mexico's Federal Electoral Tribunal issued a ruling on July 1ordering the country's Interior Ministry to sanction the Catholic Archdiocese of Mexico City for critical comments made by the Archdiocese's spokesman last August.  The Tribunal found that comments urging Catholics vote against political parties that support more liberal abortion laws and same-sex marriage violated  Mexico's electoral code. The Electoral Tribunal pointed to the need to keep church and state separate.  Mexico's Interior Ministry is responsible for regulating religious associations, but it is unclear whether the Electoral Tribunal has jurisdiction to order the Interior Ministry to take action.  The Archdiocese plans to appeal.

Contradicting Earlier Report, News Story Says Iran's High Court Overturned Apostasy Death Sentence

Contradicting an AKI report on Friday that was noted on Religion Clause, Christian News Today reported yesterday that Iran's Supreme Court has overturned the death sentence for apostasy imposed by a lower court on Christian pastor Yousef Nadarkhani.  Nadarkhani converted from Islam to Christianity at age 19 and became the pastor of the small evangelical Church of Iran, part of a house church network. The case has been remanded to the lower court in the town of Rasht, and Nadarkhani has been asked to repent and renounce his conversion.  Also contradicting the earlier report, Christian News Today says that Nadarkhani was arrested after protesting a government decision to teach Islam to Christian students in schools.

Meanwhile, Nadarkhani's lawyer, Mohammad Ali Dadkhah says he has been sentenced to 9 years in jail and a ten year ban on practicing law or teaching at a university for "actions and propaganda against the Islamic regime." He has 20 days to appeal.

Houston Military Cemetery Charged With Barring Religious Speech At Funerals

As previously reported, just before Memorial Day, a Texas federal district court issued a temporary restraining order preventing the Department of Veterans Affairs from regulating the content of the invocation and benediction that were to be delivered at a Memorial Day ceremony in Houston's National Cemetery. A month after that order was issued, plaintiffs filed an amended complaint expanding their allegations. The new charges have been widely reported on the Internet after a June 28 press release from Liberty Institute was headlined: "VA Bans Mention of God at Funerals for Vets!".  Click2Houston reported that yesterday yesterday 200 protesters showed up at the cemetery chanting "God bless America", accusing cemetery director Arleen Ocasio of banning the names of God and Jesus from funeral services.

The amended complaint (full text) in Rainey v. U.S. Department of Veterans Affairs, (SD TX, filed 6/27/2011), focuses on four separate allegations: (1) VFW and American Legion burial rituals which can be requested by families can no longer include a prayer unless the family first submits the prayer in writing for approval by the cemetery director; (2) A private funeral home was told that it could not inform military families of their option to have the VFW chaplain deliver a prayer by submitting the prayer first for approval; (3) The National Memorial Ladies were told that condolence cards they hand out to families at military funerals cannot contain a religious message, nor should a religious message be spoken to the family when delivering the card; and (4) The cemetery chapel has been closed and turned into a meeting facility. Here are the cemetery's written guidelines for military funerals.

Indian Politicians Arguing Over What To Do With Temple's Newly Discovered Wealth

In India, unexpected treasure estimated to be worth $11 billion found in underground vaults of a temple in Kerala state is leading to a growing political controversy. Various aspects of the story are reported in recent days by the Global Post, the Khaleej Times, and Live Mint. The present situation began with a dispute in 2007 over who had the right to manage the Sree Padmanabhaswamy temple. The temple was built in the 16th century by the royal family of the kingdom of Travancore. After Indian independence in 1947, Travancore eventually became part of Kerala. In January of this year, the Kerala High Court held that the state government should take over administration of the temple from the royal trust that had been managing it.  An appeal to India's Supreme Court led to an order for an audit of the temple's assets-- including opening of vaults that have been closed for many decades.  Politicians from parties representing lower caste Hindus are urging that the wealth now found through that audit be applied for public welfare projects. However other parties oppose that idea.  The United Democratic Front that holds a 2-seat majority in Kerala's 140-member parliament is considering introducing legislation to preserve the right of the royal family to maintain its control of the temple and its assets.

Religion Clause Is Now On Facebook

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L.A. Freeway Project Creates Challenge For Maintaining Eruv

Today's Los Angeles Times reports on the cooperation between highway construction personnel and the Los Angeles Jewish community in dealing with the unusual problems posed by the widening of the 405 Freeway.  The western boundary of the large eruv in Los Angeles is this freeway. (Map of eruv.) An eruv is a symbolic enclosure of an area that permits observant Jews within it to carry items on the Sabbath.  Much of the eruv consists of freeway fences or the freeway itself. However freeway widening has resulted in numerous breaches in fences and freeway walls-- all of which volunteers who maintain the eruv must keep track of and replace by, for example, stringing fishing line on 15-foot poles.

More Recent Prisoner Free Exercise Cases

In Hall v. Ekpe, (2d Cir., July 1, 2011), the Second Circuit dismissed RLUIPA claims by a Muslim prisoner who who was excluded from Ramadan activities because the prison chaplain did not identify him as an observant Muslim.  The court held that damage claims in plaintiff's official capacity lawsuit were precluded by a recent U.S. Supreme Court decision, and damages in his individual capacity claims were precluded by defendants' qualified immunity.

In Taylor v. Louisiana Correctional Service, Inc., 2011 U.S. Dist. LEXIS 69389 (WD LA, June 28, 2011), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist LEXIS 69400, May 17, 2011), rejecting a claim that the lack of a Muslim chaplain in a prison violated plaintiff's free exercise rights and his rights under RLUIPA.

In Hampton v. Ayers, 2011 U.S. Dist. LEXIS 69792 (CD CA, June 28, 2011), a California federal district court accepted a magistrate's recommendations (2011 U.S. Dist. LEXIS 69742, June 2, 2011) and dismissed an inmate's claims that various correctional officials burdened the practice of his religion by allowing Muslim inmates to hold religious services only if they are supervised and then failing to provide supervision. He also objected to an instance in which officers interfered with a religious service in progress.

In Carter v. Lappin, 2011 U.S. Dist. LEXIS 70300 (D AR, June 1, 2011), an Arkansas federal magistrate judge dismissed claims brought against the director of prisons claiming that on one occasion lower ranking  prison officials had served sausage containing pork to inmates without identifying it as such.  Mistakenly eating this violated plaintiff's religious beliefs.

In Blakely v. Wards, 2011 U.S. Dist. LEXIS 70280 (D SC, May 20, 2011), a South Carolina federal magistrate judge recommended dismissing a Muslim inmate's claims that prison chaplains have discriminated against Muslims by giving Christian inmates more access to the prison chapel. He also alleged disparities between the Christian and Muslim inmates as to food, religious books, goods, and money.

Recent Articles of Interest

From SSRN:

• Sarah Beresford, Seeking Secularism: Resisting Religiosity in Marriage and Divorce- A Comparative Study of England and America, (Web JCLI, Vol. 3, 2011).
• Girjesh Shukla, Law, Religion and State: Constitutional Discourse and Judicial Interpretation, (2011).
• Howard Kislowicz, Richard Haigh and Adrienne Ng, Calculations of Conscience: The Costs and Benefits of Religious and Conscientious Freedom, (Alberta Law Review, Vol. 48, No. 3, 2011).
• David Bilchitz, Should Religious Associations Be Entitled to Discriminate?, (South African Journal of Human Rights, Vol. 2, 2011).
• Mariana Ardila Trujillo, Hacia La Resolución De Los Conflictos Entre La Protección De La Diversidad Cultural Y El Reconocimiento De Los Derechos De Las Mujeres (Toward the Conflict’s Resolution between the Protection of the Cultural Diversity and the Recognition of the Women´s Rights), (Revista Derecho del Estado, No. 26, 2011).
• Alejandro Rosas Martinez, Algunas Implicaciones Jurídicas Del Matrimonio Entre Personas Del Mismo Sexo En La Ciudad De México (Some Juridical Implications of the Same Sex Persons Marriage at México City), (Revista Derecho del Estado, No. 26, 2011).
• Sara Weinrib, An Exemption for Sincere Believers: The Challenge of Alberta versus Hutterian Brethren of Wilson Colony, (McGill Law Journal, Vol. 56, No. 3, pp. 719-750, 2011).
• Mark Strasser, Same-Sex Marriage and the Right to Privacy, (Journal of Law and Family Studies, Vol. 13, pp. 117-150, 2011).
• Wladimyr Mattos Albano, The Constitutional Immunity to Temples of Any Cult in the Municipalities and Their Interpretation, (Revista Brasileira de Direito Tributário e Finanças Públicas, Vol. 4, No. 22, p. 25, 2010).

From bepress:

• Anke I. Bouzenita, The Principle of Neutrality and “Islamic International Law” (Siyar), Global Jurist: Vol. 11: Iss. 1 (Advances), Article 4 (2011).

From SmartCILP:

• Barbara Oomen, Between Rights Talk and Bible Speak: The Implementation of Equal Treatment Legislation in Orthodox Reformed Communities in the Netherlands, [Abstract], 33 Human Rights Quarterly 175-200 (2011).
• Frederick V. Perry, The Corporate Governance of Islamic Banks: A Better Way of Doing Business?, 19 Michigan State Journal of International Law 251-277 (2011).

Recent Prisoner Free Exercise Cases

In Ayotte v. McPeek, 2011 U.S. Dist. LEXIS 67913 (D CO, June 24, 2010), a Colorado federal district court held that an inmate's exercise of his religious beliefs was not substantially burdened by delay in maintaining his hearing aids and in not providing sign language interpreters at two Catholic religious studies classes he attended.

In Avery v. Thompson, 2011 U.S. Dist. LEXIS 68100 (ND CA, June 24, 2011), a California federal district court rejected both plaintiff's and defendants' motions for summary judgment in a suit challenging prison official's confiscation of 265 pamphlets from an inmate who says he is a believer in the Wotanism faith. Prison officials claim the pamphlets are neo-Nazi literature. The court referred the case to the Pro Se Prisoner Settlement Program.

In Jackson v. St. Laweence, 2011 U.S. Dist. LEXIS 68860, (SD GA, June 27, 2011), a Muslim inmate
sought an injunction requiring the jail to provide a separate Muslim unit similar to two Christian Dorm units; an area for Muslims to offer their obligatory five Salat prayers daily; an extra blanket for prayer and towel to cover the urinal for Muslims; and a place for Friday Al Jumu'ah prayers. He also sought $2 million in damages. A Georgia federal magistrate judge dismissed plaintiff's pain and suffering damage claim but permitted him to move ahead with the remainder of his claims. However the court also required plaintiff to pay filing fees on an installment basis from his prison account.

In Newberg v. Geo Group, Inc., 2011 U.S. Dist. LEXIS 68955 (MD FL, June 27, 2011), a Florida federal district court dismissed as moot claims by a follower of a Native American religion regarding restrictions at a civil commitment center that previously prevented the sacred pipe ceremony and smudging.  The court rejected plaintiff's challenge to the lack of a sweat lodge and fire pit.

In Lee v. Johnson, 2011 U.S. Dist. LEXIS 69509 (WD VA, June 28, 2011), a Virginia federal district court   rejected a challenge by an inmate who belonged to the House of Yahweh faith to prison rules that allowed group worship only if there are at least 5 inmates who express an interest in congregate services.  The court also rejected other claims against the prison chaplain for failing to procure House of Yahweh religious material and failing to post a sign-up sheet for House of Yahweh services.

In Kwanzaa v. Mee, 2011 U.S. Dist. LEXIS 69531 (D NJ, June 28, 2011), a New Jersey federal district court dismissed free exercise claims by a Muslim inmate who alleged that during Ramadan, he did not receive the same 2200 calorie diet that non-Muslims received, that on two dates he was hindered from calling the Islamic call to prayer and that corrections officers referred to him by his birth name instead of his religious name.

In Christensen v. Schwarzenegger, 2011 U.S. Dist. LEXIS 69209 (ED CA, June 27, 2011), a California federal magistrate judge dismissed, with leave to file an amended complaint, a claim that prison officials failed to provide Wiccan inmates with appropriate religious space for their worship services. Plaintiff failed to connect the named defendants to the claimed free exercise violations.

Sex Offender Registration Law Does Not Infringe Free Exercise Rights

In Doe v. Virginia Department of State Police, 2011 U.S. Dist. LEXIS 68939 (ED VA, June 27, 2011), a Virginia federal district court rejected a free exercise claim brought by a woman who was required by state law to register as a sex offender.  Under the law, a registered sex offender needs to obtain special permission in order to enter premises that house young children-- including churches with adjoining daycares.  The court concluded, however, that this is not a free exercise violation since the registration law is neutral and generally applicable and these collateral effects on church attendance were not the purpose of the registration law.

Philippine Officials Suggest Government Lottery Donations To Catholic Church Were Unconstitutional

This week end, the Philippine Star, the Manila Sun Star, and the Philippine Daily Inquirer are all reporting on disclosures by new management of the Philippine Charity Sweepstakes Office that six Catholic dioceses and another Catholic organization in 2008 and 2009 received the equivalent of over $175,000 (US) from the government-run lottery agency that supports health and general welfare activities. The Philippine House of Representatives is planning hearings to determine if the grants violate provisions of the Philippine Constitution that call for the separation of church and state (Art. I, Sec. 5) and that ban the use of government funds to benefit any religious organization (Art. VI, Sec. 29). The funds were allegedly used to buy SUV's-- Mitsubishi Pajeros-- for bishops of each of the seven recipients. The SUVs are apparently used in church-run medical and relief operations serving outlying areas. Today's Manila Bulletin quotes 4 bishops who say their vehicles did not come from PCSO funds. At least one bishop has suggested that the government may be targeting the Catholic Church because of its strong opposition to the Philippines' controversial reproductive health bill.

Iran's Supreme Court Upholds Death Penalty In Apostasy Case [UPDATE: Report Contradicted]

According to a report on Friday by AKI, Iran's Supreme Court has upheld the death sentence imposed on Christian priest Yousef Nadarkhani who was convicted last December on apostasy charges-- converting from Islam to another religion.  Nadarkhani was born to a Muslim family but denies he was ever a Muslim. He was arrested in October 2009 while attempting to register his evangelical church in the city of Rasht.

UPDATE: A July 4 report by Christian News Today contradicts the AKI report and says that the Supreme Court overturned Nadarkhani's death sentence. See this posting for more details.

Suit Challenges Indiana School Voucher Program

On Friday, a group of 12 plaintiffs filed suit in an Indiana state court to challenge Indiana's recently enacted Choice Scholarship program that will provide vouchers to students from families whose income does not exceed 150% of the amount to qualify for the federal free lunch program. Numbers of participants are limited in the first two years.  AP reports that the plaintiffs challenging the law include a former Indiana State School Board of Education member, a public school teacher, and a retired minister who is the father of a federal appeals judge.  The suit contends that the program violates state constitutional provisions that bar the use of tax funds for religious institutions and which require a general and uniform system of common schools.Most of the 352 private schools where vouchers can be used are affiliated with churches or other religious institutions.

San Francisco City Attorney's Office Says Narrow Circumcision Ban Would Be Unocnstitutional

As previously reported, a lawsuit was filed in state court in California last month by Jewish and Muslim families and two doctors attempting to prevent a proposed ban on circumcision from appearing on the November ballot in San Francisco. The lawsuit argues that the city ordinance would be pre-empted by state law that bans cities from regulating state-licensed physicians.  Now, responding to the lawsuit, the Office of the San Francisco City Attorney announced that it has filed a brief with the court contending that if the plaintiffs prevail, the resulting ordinance that would apply only to religious circumcisions performed by non-physicians will be unconstitutional. Chief Deputy City Attorney Therese Stewart said:

Especially in light of disturbing campaign materials that evoke the ugliest kind of anti-Semitic propaganda, the City has an obligation to petition the Court to remove the measure from the ballot in its entirety if it is preempted as applied to medical professionals. San Franciscans cannot be asked to vote on whether to prohibit religious minorities from engaging in a particular religious practice, when the same practice may be performed under non-religious auspices.

Police Enforcement of Trespass Notice Against Pastor Is Not Free Exercise Violation

Spanish Church of God of Holyoke v. Scott, 2011 U.S. Dist. LEXIS 70187 (D MA, June 20, 2011), involves a lawsuit against the city of Holyoke, Massachusetts and its police chief by a local congregation, the Spanish Church of God; its clergyman, Bishop Juan Garcia; and the parent organization of the congregation, Church of God International, Inc.  Some church members disagreed with the appointment of Garcia as interim pastor, and this led to heated discussions between Garcia and them. The church's board of directors-- or at least persons claiming to be the board-- had their attorney issue a Notice of Trespass to Garcia. One day later, a member of the board called Holyoke police complaining that Garcia was trespassing. Police responded to the call, but ultimately took no action because they decided that the matter was a civil dispute to be resolved between the parties.  However plaintiffs sued claiming that the city and the police chief violated their free exercise rights by enforcing the Notice of Trespass. They contended that police were required to honor the determination by the church's parent body that Garcia was to be its pastor.  The court held, however, that "Chief Scott, in enforcing a valid trespass notice, did not encroach on the protections afforded religious institutions with regard to internal organizational disputes."

Delaware County Sued Over Lord's Prayer At Council Meetings

In Sussex County, Delaware on Thursday, four county residents filed a federal lawsuit against the county council and its president challenging the practice of consistently opening Council meetings with the recitation of the Lord's Prayer.  The complaint (full text) in Mullin v. Sussex County, Delaware, (D DE, filed 6/30/2011), alleges that the practice violates the Establishment Clause of the U.S. Constitution as well as the "no preference" clause of Delaware's constitution.  Americans United issued a press release announcing the filing of the law suit. [Thanks to Don Byrd for the lead.]

Settlement Reached In Long-Running Santa Rosa Florida School Consent Decree Challenge

A settlement agreement was reached today in the long-running litigation challenging the consent decree that the Santa Rosa County (Florida) School District agreed to in litigation against it challenging religious practices in the schools. (See prior postings 1 and 2)  A Settlement Agreement, Waiver and Release (full text) along with a proposed modified consent decree (full text with changes marked) were filed with the court today in Allen v. School Board for Santa Rosa County, Florida, (ND FL, filed 7/1/2011). The numerous changes clarify, and in some cases narrow, the scope of the consent decree. For example, the consent decree contains several provisions barring prayer by school officials. The modified decree makes it clear that "'Prayer' does not include customary, polite expressions and greetings, including 'God Bless You' or 'Thank Heavens,' or a student’s religious expression responsive to a legitimate academic class assignment."

The agreement also provides for the school board to pay attorneys' fees and costs totally $265,000, mostly to Liberty Counsel which represented plaintiffs in the case. The ACLU waived its claim for attorneys fees against the school board.  The settlement still must be approved by the court.

In press releases, each side has characterized the settlement agreement rather differently. The ACLU said that the changes merely "reinforce and clarify the basic premise of the original Consent Decree – that official, government sanctioned religious activities are prohibited under the Constitution while individual religious expressions are protected by the Constitution."  Sharply criticizing the challenge to the original consent decree that was brought by Liberty Counsel, an ACLU attorney said:

They came in after the fact, stirred up some controversy, raised some money on this invented issue, and will leave town likely with $265,000 in taxpayer money that would be better spent on the students in our community.

Liberty Counsel, on the other hand said:

on the eve of Independence Day, Liberty Counsel has restored freedom to the Santa Rosa County, Florida, School District teachers, staff, students, and members of the community.... The Consent Decree that led to criminal indictments against school employees for prayer and banned "God Bless" in Santa Rosa County schools will now be gutted and revised. The amended Consent Decree will restore dozens of constitutional religious freedoms that were previously denied.

Canadian Supreme Court Will Review Terrorism Law's Motive Requirement

According to Canadian Press, Canada's Supreme Court yesterday agreed to review three cases raising the question of whether the definition of "terrorist activity" in Canada's anti-terrorism law violates Canada's Charter of Rights and Freedoms. An element of that law's definition of "terrorist activity" is that the act must have been "committed in whole or in part for a political, religious or ideological purpose, objective or cause." Defendants in the cases contend that this invites racial and ethnic profiling and operates to focus prosecutorial scrutiny on political, religious and ideological beliefs. For more on the the Ontario Court of Appeals decision below in one of the cases, see prior posting.

Controversial Charter School Loses Last Efforts To Stay Open

A Minnesota federal district court yesterday refused to issue a temporary restraining order or a preliminary injunction to allow the Tarek ibn Ziyad Acedmy to continue to operate after the July 1 expiration of the contract with its current sponsor. The school is also embroiled in litigation with the ACLU over whether its operations violate the Establishment Clause by promoting Islam. (See prior posting.) In Tarek ibn Ziyad Academy v. Islamic Relief USA, (D MN, June 30, 2011), the court held that the controversial charter school is unlikely to prevail either on its challenge to a Minnesota statute that requires charter school sponsors to be in-state corporations, or in its contract claims against its chartering organization. TiZA had attacked the state statute on due process, equal protection, commerce clause and contracts clause grounds. The Minneapolis Star Tribune reports on the decision. Following the court's decision, TiZA filed a Notice of Voluntary Dismissal of its lawsuit.

The court's decision follows a ruling last night by the Minnesota Department of Education denying a second request by Novation Education Opportunities to become the school's authorizer, according to Inner Grove Heights Patch). (See prior related posting.) All of this means that TiZA likely has no choice but to close.

UPDATE: According to the St. Paul Pioneer Press, on Thursday TiZA filed for bankruptcy.

Bangladesh Constitution Amended: Secular State With Islam As the State Religion

The Daily Star reports that in Bangladesh yesterday, Parliament passed the 15th constitutional amendment bill by a vote of 291-1.  While the most important changes include ones that modify the system for parliamentary elections and again allow religion-based parties (see prior posting), the bill also addresses other religious issues. Secularism was reintroduced as one of the four fundamental principles of the nation. However, Islam was retained as the state religion and the Arabic phrase "Bismillahir Rahmanir Rahim" (and its translation "In the name of Allah, the Beneficent, the Merciful/ In the name of the Creator, the Merciful") was made a part of the constitution. A new clause added to the constitution provides: "The state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects, and communities." According to MSN News, Hindus and other religious minorities in Bangladesh strongly criticized the decision to retain Islam as the state religion.

UPDATE: On July 3, Bangladesh's President Zillur Rahman gave his consent to the 15th constiutional amendment bill. (Daily Star).

Tea Party Candidate Charges Her Opponent Rep. Keith Ellison Is Radical Islamist

The American Independent yesterday reported on the House of Representatives race in Minnesota's 5th Congressional District.  Incumbent Keith Ellison is being challenged by Tea Party Nation candidate Lynne Torgerson who accuses Ellison of being a "radical Islamist" who fails to oppose banning Shariah law in the United States. She says Ellison does not hold the U.S. Constitution supreme over Islamic law.  Apparently her charge is based on Ellison's statement that the U.S. Constitution "is the bedrock of American law." She complains that he did not use the term "supreme". Ellison charges that Torgerson is running a campaign based on hate, division and fear. In the 2010 Congressional race, Ellison received 68% of the vote, and Torgerson received less than 4%.

CAIR Is Among Groups Whose Non-Profit Status Was Lost For Non-Filing

Earlier this month, the Internal Revenue Service released a list of some 275,000 non-profits had lost their tax-exempt status because they failed to file their required Form 990 or 990-N for thee consecutive years. (See prior posting.) Yesterday The Tennessean reported that among the groups whose non-profit status has expired is the sometimes controversial national Council on American Islamic Relations. A CAIR spokesman said the problem stems from an incorrect filing several years ago, but attempts by a Tennessean reporter to obtain a copy of current filings from CAIR have been unsuccessful. Some CAIR critics charge that the organization is hiding financial information from the public. Many local CAIR chapters that are separately incorporated have properly filed returns.

Rhode Island Legislature Passes Civil Unions Law With Broad Religious Exemptions

Yesterday, the Rhode Island state Senate passed, and sent to the Governor for his signature, HB 6103 which authorizes same-sex civil unions. The Rhode Island House passed the bill in May. Under the bill, parties to a civil union have the same rights and responsibilities as married couples.  The bill contains a broad religious exemption provision.

[N]o religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:
(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or
(2) To solemnize or certify any civil union; or
(3) To treat as valid any civil union;
if such providing, solemnizing, certifying, or treating as valid would cause such organizations or individuals to violate their sincerely held religious beliefs.

The New York Times reports on passage of the legislation. It quotes gay rights advocates who complain that the provision allowing religious organizations to refuse to treat civil unions as valid means that Catholic hospitals could deny visitation rights, and Catholic universities could deny family medical leave, to same sex partners.

Florida Atheist Sues Sheriff, Claiming Retaliation

Last year, Atheists of Florida made public records requests in a challenge to the decision by Polk County, Florida sheriff, Grady Judd, to remove basketball hoops, backboards and poles from the county jail and donate them to eight local churches. (See prior posting.) Now, according to Yahoo News, EllenBeth Wachs, legal coordinator for Florida Atheists, has filed a federal lawsuit against Judd charging that he unconstitutionally retaliated against her, arresting her on two trumped up charges, because of her objections to the pervasive Christian religiosity of Polk County.

The complaint (full text) in Wachs v. Judd, (MD FL, filed 6/24/2011), alleges that in March 20111, county law enforcement officials arrested Judd on unauthorized practice of law charges, and conducted a search of her home. In May, Wachs was arrested on charges of "simulation of a sexual act in the presence of a child."  The arrest was based on sounds a neighbor's son heard emanating from Wachs' window. The complaint alleges that these arrests were retaliatory and were designed to punish Wachs for her outspoken Atheist beliefs.  It contends that the sheriff's actions violated the free expression, equal protection, due process and Establishment clauses of the constitution. Wachs asks the court to enjoin Judd from instituting further investigations or arrests of her. [Thanks to Scott Mange for the lead.]

Issues Remain On Statute of Limitations In Priest Abuse Case

In Doe 76C v. Archdiocese of Minneapolis and St. Paul, (MN App., June 27, 2011), a Minnesota appellate court held that questions of fact remain on the issue of whether the statute of limitations had run on tort and fraud claims growing out of alleged childhood sexual abuse by a priest.  In reversing the trial court's grant of summary judgment to defendant, the court held that an expert's testimony on repressed memory should be admitted on the issue of when plaintiff had reason to believe he had been abused.  The court also held that plaintiff's becoming aware that the priest had been accused of abusing other children did not necessarily put him on notice that he had a cause of action for fraud.

Iran's Culture Minister Criticizes Upcoming BBC Series On Muhammad

The Guardian reported yesterday that Iran's ministor of culture and Islamic guidance, Mohammad Hosseini, is criticizing an upcoming BBC2 three-part series on The Life of Muhammad, even though no one in Iran has seen the shows.  Hosseini told the Iranian Fars news agency:

The BBC's decision to make a documentary on the life of [the] prophet Muhammad seems dubious and if our suspicions are proved to be correct, we will certainly take serious action. What the enemy is trying to do in ruining the Muslims' sanctity is definitely much more than causing us to react and unfortunately, some Islamic countries are not taking this issue seriously. One way to show objections is to express condemnation of the West over their despicable actions.

LDS Church Tells Full-Time Officers To Remain Politically Neutral

Provo, Utah's Daily Herald reports on a posting on the LDS Church's Newsroom indicating that a letter has been sent from the Church of Jesus Christ of Latter Day Saints' First Presidency to all full time officers of the church reminding them of the church's policy of neutrality in partisan politics.  The June 16 letter reads in part:

General Authorities and general officers of the Church and their spouses and other ecclesiastical leaders serving full-time should not personally participate in political campaigns, including promoting candidates, fundraising, speaking in behalf of or otherwise endorsing candidates, and making financial contributions.

Since they are not full-time officers of the Church, Area Seventies, stake presidents and bishops are free to contribute, serve on campaign committees and otherwise support candidates of their choice with the understanding they:

• Are acting solely as individual citizens in the democratic process and that they do not imply, or allow others to infer, that their actions or support in any way represent the church.

• Will not use Church stationery, Church-generated address lists or email systems or Church buildings for political promotional purposes.

• Will not engage in fundraising or other types of campaigning focused on fellow Church members under their ecclesiastical supervision.

Presumably the letter was prompted at least in part by the fact that two candidates for the Republican nomination for U.S. president-- Mitt Romney and Jon Huntsman-- are Mormons.

Lower House of Dutch Parliament Votes To Outlaw Kosher and Halal Slaughter

According to AP and Reuters, the House of Representatives of the Dutch Parliament yesterday passed, by a vote of 116-30, a bill that bans kosher and halal slaughter of animals.  The bill accomplishes this by eliminating a provision in current law that exempts ritual slaughter from the requirement that animals be stunned before they are killed. The bill still must be approved by the Dutch Senate, and this is unlikely before Parliament's summer recess.  Also enforcement of the law, if it finally passes, is complicated by an amendment added last week that allows religious groups to continue ritual slaughter if they can prove it is no more painful than stunning. No one seems to know how this would be shown. The bill was introduced by the small Animal Rights Party. Netherlands' Muslim and Jewish communities say the ban is an infringement of their religious freedom. According to AP: "Support for the ban came from the political left, which sees ritual slaughter as inhumane, and from the anti-immigration right, which sees it as foreign and barbaric. Only Christian parties were opposed, arguing the ban undermines the country's long tradition of religious tolerance." (See prior related posting.)

The European Jewish Congress-- the umbrella organization of Jews in Europe-- is considering taking legal action at the European Union level to challenge the bill before the Dutch Senate votes, according to Yeshiva World.

Vatican Launches New News Portal With Tweet From Pope

The Vatican yesterday launched a new website, www.news.va designed as a news portal to bring together news from the Vatican's various print, radio, television and online services. As reported by Time, the launch of the website was announced through Twitter in the first Tweet by the Pope himself.  The Tweet, also cross-posted on the Vatican's French Twitter feed, read: "Dear Friends, I just launched News.va Praised be our Lord Jesus Christ! With my prayers and blessings, Benedictus XVI." Actually, the Pope only pressed the "send" button on his iPad. He did not keystroke the entire Tweet.  A link to the Vatican news portal has been added to Religion Clause's sidebar.

Major Christian Groups Release Recommendations On Proselytizing In Multi-Religious World

The World Evangelical Alliance, World Council of Churches and the Vatican's Pontifical Council for Interreligious Dialogue yesterday released a 5-page document titled Christian Witness in a Multi-Religious World: Recommendations for Conduct.  The document is the result of consultations between the three groups extending over 5 years.  The groups say that together they represent 90% of the Christians in the world. Here are excerpts from the Principles set out in the document:

[P]roviding education, health care, relief services and acts of justice and advocacy are an integral part of witnessing to the gospel. The exploitation of situations of poverty and need has no place in Christian outreach. Christians should denounce and refrain from offering all forms of allurements, including financial incentives and rewards, in their acts of service....

As an integral part of their witness to the gospel, Christians exercise ministries of healing. They are called to exercise discernment ... ensuring that the vulnerability of people and their need for healing are not exploited.

... Christians are called to reject all forms of violence, even psychological or social, including the abuse of power in their witness. They also reject violence, unjust discrimination or repression by any religious or secular authority, including the violation or destruction of places of worship, sacred symbols or texts.

... Religious freedom including the right to publicly profess, practice, propagate and change one’s religion flows from the very dignity of the human person....  

... Christians are to speak sincerely and respectfully; they are to listen in order to learn about and understand others’ beliefs and practices, and are encouraged to acknowledge and appreciate what is true and good in them. Any comment or critical approach should be made in a spirit of mutual respect, making sure not to bear false witness concerning other religions.

... Christians are to acknowledge that changing one’s religion is a decisive step that must be accompanied by sufficient time for adequate reflection and preparation, through a process ensuring full personal freedom....

Religion News Service reports on the document.

Church-State Tensions In South Korea Explored

Reuters reports on the church-state tensions in South Korea ahead of next year's presidential elections.  President Lee Myung-Bak is a devout Protestant and an elder at  Seoul's Somang Church. However, many have been disturbed at his public display of religion, particularly a photo of him kneeling to pray at a national prayer breakfast last March. The main Buddhist Jogye Order called the President's action "unforgiveable."  Others are concerned with what is seen as undue Christian influence on government, reflected for example in the failure to pass legislation giving tax-neutral treatment to Sharia-compliant financial products (see prior posting) and reduction in funding for a program that hosts tourists at Buddhist temples.

Catholic, Orthodox Jewish Spokesmen React To New York's Marriage Equality Law

New York last week enacted legislation permitting same-sex marriage despite particularly strong opposition from some religious groups, including Catholic and Orthodox Jewish organizations.  (See prior posting).  Here are statements that those two groups have now issued in reaction to the new law:

Bishop Nicholas DiMarzio, Catholic Bishop of Brooklyn, said in a press release:

Today, Governor Andrew Cuomo and the state legislature have deconstructed the single most important institution in human history. Republicans and Democrats alike succumbed to powerful political elites and have passed legislation that will undermine our families and as a consequence, our society.....

In light of these disturbing developments and in protest for this decision, I have asked all Catholic schools to refuse any distinction or honors bestowed upon them this year by the governor or any member of the legislature who voted to support this legislation. Furthermore, I have asked all pastors and principals to not invite any state legislator to speak or be present at any parish or school celebration.

The above request is intended as a protest of the corrupt political process in New York State. More than half of all New Yorkers oppose this legislation. Yet, the governor and the state legislature have demonized people of faith, whether they be Muslims, Jews, or Christians, and identified them as bigots and prejudiced, and voted in favor of same-sex “marriage.” It is mystifying that this bill would be passed on the last day of an extended session under the cover of darkness.

However a statement signed by all the bishops of New York state was considerably milder in tone. It said in part:

The passage by the Legislature of a bill to alter radically and forever humanity’s historic understanding of marriage leaves us deeply disappointed and troubled.

We strongly uphold the Catholic Church’s clear teaching that we always treat our homosexual brothers and sisters with respect, dignity and love. But we just as strongly affirm that marriage is the joining of one man and one woman in a lifelong, loving union that is open to children, ordered for the good of those children and the spouses themselves.

The Union of Orthodox Jewish Congregations of America issued a statement saying:

Consistent with our tradition and Jewish religious principles, we oppose the redefinition of marriage and the state sanction of same sex marriages. We opposed this legislation and believe it is a mistake to enact it in New York. We do note however that the legislation, as enacted, includes robust protections of religious liberties for organizations including synagogues, schools and social service agencies. For that at least, we are grateful. Just as we, in a democratic, pluralistic society do not seek to impose our religious beliefs on others, same sex marriage, now the law in New York, must not infringe on anyone's religious liberties.

Abercrombie Sued By Muslim Former Employee and EEOC Over Wearing Hijab

According to AP, a religious discrimination lawsuit was filed in federal district court in San Francisco yesterday by a 20-year old Muslim woman who says she was fired as a stockroom worker by Abercrombie and Fitch after she insisted on wearing her hijab (Muslim head scarf).  Hani Khan says that when when she was first hired at the company's San Mateo store, the manager said she could wear the hijab so long as it was in company colors. However, four months later a district manager and human resource manager asked her to remove it while working. When she refused, she was suspended and then fired.  This is the latest in a number of similar lawsuits that have challenged Abercrombie and Fitch's "look policy" which critics say favors young, white, athletic looking people. The EEOC also announced yesterday that it has filed suit over Khan's treatment.

Supreme Court Denies Review in RLUIPA Zoning Case

The Supreme Court today denied certiorari in Miles Christi Religious Order v. Northville, MI, (Docket No. 10-1317, cert. denied 6/27/2011). (Order List.) In the case, the 6th Circuit Court of Appeals in a 2-1 decision held that First Amendment and RLUIPA challenges by a Catholic Religious Order to the zoning ordinances of Northville, Michigan should be dismissed for lack of ripeness. (See prior posting.)

New York's Electronic Sales Tax Filing Creates Problem For Amish

The Watertown (NY) Times reported yesterday on the problems encountered by the Swartzentruber Amish in New York state since the Department of Taxation and Finance has required that sales taxes be filed electronically rather than by mail.  These Amish furniture makers and shop keepers do not have computers.  They do not have social security cards or telephones either.  Some have received letters warning them of a $50 penalty for each return not filed electronically.  A spokesman for the tax department says that if someone calls them and tells them they do not have computer access, the department will allow the person to continue to file by mail.  However many of the Amish do not use phones. State Sen. Patricia Ritchie has intervened with the tax department on behalf of at least one member of the Amish community, and the department is allowing him to continue filing by mail. [Thanks to Steven H. Sholk for the lead.]

FBI Says Mennonites In Nicaragua Aiding Mother To Avoid Custody Change To Former Lesbian Partner

AP today reports on the international kidnapping investigation by the FBI that is looking for Lisa Miller and her daughter who fled the country after her former same-sex partner, Janet Jenkins, was awarded custody of of the girl.  In 2003, Miller broke up with Jenkins, renounced homosexuality and became a Baptist, and then a Mennonite.  Miller, the birth mother, was originally granted custody, but after she refused to comply with visitation schedules for Jenkins, courts in both Virginia and Vermont granted custody to Jenkins. But Miller had already fled to Central America.  In April, the FBI arrested a Nicaraguan missionary, Timo Miller, and charged him with abetting an international kidnapping by arranging a flight for Lisa Miller and her daughter from Canada to Nicaragua. More than $30,000 has been raised for a Timo Miller defense fund.  Apparently the Mennonite community in Nicaragua is helping hide Lisa Miller and her daughter.  At one point, it appears she stayed at a beach house in Nicaragua owned by the father of an administrative assistant at Jerry Falwell's Liberty University Law School. Liberty Counsel represented Miller in her Vermont court proceedings.  Pablo Yoder, a Mennonite pastor in Nicaragua, said:

[T]he Nicaraguan Brotherhood felt it right and good to help Lisa not only free herself from the so called civil marriage and lesbian lifestyle, but especially to protect her nine year old daughter from being abducted and handed over to an active lesbian and a whole-hearted activist.

Iraqi Kurdish Parliament Outlaws Female Genital Mutilation

Hudson New York reports that last week Iraqi Kurdistan's Parliament passed a law outlawing female genital mutilation. The move came after a survey by a German-Iraqi non-governmental organization, WADI, revealed that more than 60% of the women and girls in Iraqi Kurdistan have been subjected to genital mutilation. The practice is limited to Sunni Kurds, but appears to have little support in Islamic law.

Recent Articles of Interest

From SSRN:

• Richard Moon, The Supreme Court of Canada’s Attempt to Reconcile Freedom of Religion and Sexual Orientation Equality in the Public Schools, (Faith, Politics and Sexual Diversity, D. Rayside, C. Wilcox, eds., UBC Press, 2011).
• Richard Moon, Accommodation Without Compromise Comment on Alberta v. Hutterian Brethren of Wilson Colony, (Supreme Court Law Review, Vol. 51, pp. 95-130, 2010).
• Menachen Mautner, Three Approaches to Law and Culture, (Cornell Law Review, Vol. 96, p. 839, 2011).
• Brett Freudenberg and Dr. Mahmood Nathie, The Constitution and Islam: Are Tax Reforms Possible to Facilitate Islamic Finance?, (Revenue Law Journal, Vol. 20, No. 1, pp. 1-36, 2011).
• James Cleith Phillips, 'All of the Blood and Treasure': The Founders on Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez, (Mississippi College Law Review, Vol. 30, No. 1, 2011).
• Daniel McGirr, The Constitutionality and Policy Merits of Religiously Motivated Statutes, (April 19, 2011).
• Richard Moon, The Regulation of Hate Speech Under the Canadian Human Rights Act, (Canadian Diversity, Vol. 83, pp. 28-32, 2010).
• Bryan H. Wildenthal, A Personal Perspective on Marriage, Time, Space, Uncertainty, and the Law, (Michigan State Law Review, Vol. 2011).
• Rebecca Probert, 'From Fornicators to Family: Cohabitants and the Law, 1600-2010', (June 22, 2011).
• Aaron Schwabach, Of Charities and Clawbacks: The European Union Proposal on Successions and Wills as a Threat to Charitable Giving, (Columbia Journal of European Law, Vol. 17, 2011).

From SmartCILP:

• Jeroen Temperman, State Neutrality in Public School Education: An Analysis of the Interplay Between the Neutrality Principle, the Right to Adequate Education, Children's Right to Freedom of Religion or Belief, Parental Liberties, and the Position of Teachers, [Abstract], 32 Human Rights Quarterly 865-897 (2010).

Court Requires Organization That Claimed Religious Status To Comply With FTC Order

In United States v. Daniel Chapter One, (D DC, June 22, 2011), the federal district court for the District of Columbia granted a preliminary injunction enjoining an organization from continuing to market dietary supplements without complying with a cease and desist order issued by the Federal Trade Commission. The supplements were promoted as curing or preventing cancer and ameliorating the effects of radiation and chemotherapy.  Defendant had claimed that the FTC order violated its free exercise of religion because it is a religious corporation sole, and that the order violated the establishment clause because it was based on "scientism".  However the D.C. Circuit rejected that claim and the U.S. Supreme Court denied certiorari.

Recent Prisoner Free Exercise Cases

In Elfand v. Sonoma County Men's Adult Detention Facility, 2011 U.S. Dist. LEXIS 63787 (ND CA, June 13, 2011), a California federal district court dismissed, but granted a motion to file an amended complaint, in a suit in which a Jewish inmate claimed that he was required to wait for over a month before being placed on the prison's kosher meal plan.

In Jones v. Lorady, 2011 U.S. Dist. LEXIS 64672 (MD PA, June 17, 2011), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that he was transferred from a prison in Pennsylvania to one in Virginia which refused to honor his religious exemption that allowed him to wear a beard.

In Palmer v. Rustin, 2011 U.S. Dist. LEXIS 65678 (WD PA, June 21, 2011), a Pennsylvania federal district court dismissed with leave to amend a Muslim prisoners claim that his free exercise rights were violated when on two occasions he was denied the right to attend religious services, apparently because of identification issues.

In Dobbins v. Cummins, 2011 U.S. Dist. LEXIS 65425 (MD AL, June 20, 2011), an Alabma federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 65724, May 23, 2011) and dismissed an inmate's complaint that his rights were violated by prison policy that bars inmates assigned to the prison health care unit from attending church services. Prison authorities said the purpose of the ban was to protect the health of all inmates.

In Kohn v. Coleman, 2011 U.S. Dist. LEXIS 63960 (D SC, June 6, 2011), a South Carolina federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 66009, May 4, 2011) and dismissed an inmate's complaint that while his dorm was on cell restriction for two days, he was not allowed to attend religious services. Plaintiff had asked for $30,000 in damages.

In Muhammad v. Sisto, 2011 U.S. Dist. LEXIS 66445 (ED CA, June 21, 2011), an inmate sued claiming that prison officials prevented him from fasting for Ramadan.  A California federal magistrate judge recommended that plaintiff's in form pauperis status be revoked because he had filed nearly a dozen previous actions that had been dismissed as frivolous or for failure to state a claim. Under the recommendation, unless plaintiff pays the filing fee, the complaint in the current case will be dismissed.

In Porter v. Beard, 2011 U.S. Dist. LEXIS 66371 (WD PA, June 22, 2011), a Pennsylvania federal district court accepted a magistrate's recommendations (2011 U.S. Dist. LEXIS 66374, May 19, 2011) and permitted an inmate to move ahead with a claim that during a cell search a prison guard improperly handled his Native American Medicine Bag and threw its contents into a garbage bin.

In Frohwerk v. Armstrong, 2011 U.S. Dist. LEXIS 67504 (ND IN, June 20, 2011), an Indiana federal district court dismissed an inmate's complaint that on one occasion he was woken up by a correctional officer who told him: "Get up and go to church if you want to eat, because there ain't no lunch today! . . . Go get your cookies!" The court said that this type of isolated incident does not amount to a 1st Amendment violation.

Court Upholds Denial of Tax Exemption to Meditation Healing Center

In Self Realization Meditation Healing Centre v. Charter Township of Bath, (MI App., June 21, 2011), a Michigan appellate court agreed with the state's Tax Tribunal that a Self Realization Healing Centre is not entitled to either a charitable or a religious tax exemption. It concluded that the organization was not "organized chiefly for charity," finding that its organizational documents reflect "an all-encompassing purpose to help people with life in general."  It also concluded that the property failed to qualify for an exemption that was available for premises "used predominantly for religious services or for the teaching of religious truths and belief." The court said:

There are several purposes and statements in Self Realization’s documentation. These include meditation, stress relief, using energy in a beneficial way, enjoying quiet time, and walking through the woods. While Self Realization does engage in teaching of some beliefs, it is at least equally engaged in teaching practices (yoga and meditation).

Autopsy Without Consent Did Not Violate Free Exercise Protections

Thompson v. Robert Wood Johnson University Hospital, 2011 U.S. Dist. LEXIS 63980 (D NJ, June 15, 2011),  is a lawsuit against two doctors, a hospital, and state medical school (the doctors' employer) for their role that resulted in  an autopsy being performed on a 24-week severely deformed fetus without consent of the mother whose pregnancy was terminated, or her husband.  The parents were asked to participate in a research program on skeletal dysplasia, but agreed only to x-rays and not to the autopsy that was performed. Among the claims asserted, the mother contended that her free exercise rights were violated because the autopsy disrespected her Jewish religious beliefs and obstructed her ability to practice her religion.  A New Jersey federal district court held first that the doctors involved, though employed by a public entity, were not acting under color of state law. The court went on to say the even assuming the doctors were acting under color of law, there is no showing that their motivation was to infringe on plaintiff's religious sensibilities.  According to the court, the Supreme Court has made it clear that "the motivation behind a challenged government action is key to determining whether a constitutional violation has occurred."

Vatican-Montenegro Sign Agreement On Church-State Relations

AP reports that yesterday the Vatican and the nation of Montenegro signed an agreement guaranteeing the legal status in Montenegro of the Catholic Church and its institutions.  The agreement covers the operation of seminaries, and Catholic spiritual assistance in the armed forces, prisons and hospitals. This is the first agreement between the Vatican and a predominately Orthodox country that covers church-state relations.

New Blog Focuses on Abuse By Charity Regulators

A new blog, Charity Regulator Watch, has joined the blogosphere.  As reported by the Washington Examiner, the new blog's creator, Mark Fitzgibbons, comes at this new enterprise with a point of view.  He believes that state regulators charged with overseeing charities and non-profits often overreach and misuse their power. Explaining his mission, Fitzgibbons says: "charitable solicitation laws divert more than $500 million in donor money each year from its intended purposes." A link to Charity Regulator Watch has been added to the Religion Clause sidebar.

New York Legalizes Same-Sex Marriage With Lengthy Exemptions For Religious Organizations

Late last night, the New York state Senate voted 33-29 in favor of A8354, the bill passed earlier this month by the state Assembly legalizing same-sex marriage.  Then the Assembly and Senate both passed A8520 which expanded the protections for churches, religious organizations and clergy who object to same-sex marriage.   Gov. Cuomo immediately signed both bills into law. The New York Times has extensive coverage of the politics behind the governor's successful campaign to obtain passage of the legislation, reporting:

The story of how same-sex marriage became legal in New York is about shifting public sentiment and individual lawmakers moved by emotional appeals from gay couples who wish to be wed.

But, behind the scenes, it was really about a Republican Party reckoning with a profoundly changing power dynamic, where Wall Street donors and gay-rights advocates demonstrated more might and muscle than a Roman Catholic hierarchy and an ineffective opposition.

And it was about a Democratic governor, himself a Catholic, who used the force of his personality and relentlessly strategic mind to persuade conflicted lawmakers to take a historic leap.

The expanded religious protections were an important factor in obtaining final passage.  The protections apply to several categories of organizations and their employees: (1) religious entities, such as churches; (2) "benevolent orders", such as the Knights of Columbus; (3) any non-profit corporation operated, supervised or controlled by a religious corporation; (4) any employee of these organizations.

For these groups, notwithstanding any state or local law or regulation, they are not required to provide accommodations, facilities, goods or services for any marriage ceremony. Nor is any member of the clergy required to perform a same-sex marriage ceremony.  Refusal to provide facilities or perform a ceremony will not give rise to any civil claim or to any governmental action discriminating against the groups or clergy or imposing a penalty or withholding benefits.  The new law also assures religious organizations that provisions in New York's anti-discrimination law that allow them to favor members of their own religion in employment, sales, rental of housing, admission or other preferences and to take other action to promote their religious principles, are still in effect.

The new law does not create exemptions for individuals with religious objections who own private businesses that offer their facilities for weddings to refuse to make them available for same-sex ceremonies.

Amended Gay Marriage Bill With Expanded Religious Exemptions Introduced In New York

The Wall Street Journal reports that Gov. Andrew Cuomo and lawmakers introduced an amended version of the same-sex marriage bill (full text)  into the state legislature today. The new version expands protections for religious organizations and clergy that object to same-sex marriage. Backers hope this will be enough to convince at least one more member of the state Senate to vote in favor of the bill and thereby secure its passage.  The prior version of the bill, already passed by the state Assembly, had somewhat less comprehensive exemptions in it, and Senate Republicans had been seeking this expansion. (See prior posting.)

Israel's High Court Recognizes Civil Marriage By Proxy

Israel's High Court of Justice this week recognized a new route for Israeli's to enter a civil marriage.  Generally marriages in Israel must be performed by religious authorities, though individuals may travel abroad for a civil marriage which will then be recognized in Israel.  For Jewish Israelis, this has meant that the Orthodox rabbinate controls marriage in the country.  Haaretz reports that the High Court has now approved the marriages of 14 couples who were married by proxy in El Salvador without ever leaving Israel. Most of the marriages involved one partner who was a foreign worker or tourist who were concerned that they could not obtain re-entry if they left the country.  The Salvadoran procedure requires elaborate documentation and the hiring of two proxies to stand-in for the parties in El Salvador and two witnesses. Up to now, the only non-religious alternative available inside Israel has been civil union where both parties to the marriage have no religious affiliation. (See prior posting.)

Court Says Abused Plaintiffs Can Seek Punitive Damages Against Jesuit Order

In Doe v. Chicago Province of the Society of Jesus, (Cook Co. IL Cir. Ct., June 22, 2011), an Illinois state trial court judge has allowed three plaintiffs who claim they were sexually abused by now-defrocked Jesuit priest Donald McGuire to file an amended complaint seeking punitive damages against the priest's Jesuit order.  The court reviewed The court wrote:

There can be no question that a religious organization can be found liable for punitive damages, if it has recklessly permitted an unfit employee or agent to sexually abuse minors with knowledge of his propensity to do so....

The court accepts that the Jesuits are a religious order with a rich history of service to the faithful.... However, the leaders of the Chicago Province fell far short of this ideal.  Plaintiffs have amply demonstrated a reasonable likelihood of proving facts at trial which would support an award of punitive damages.

SF Weekly reports on the decision.

Minister of Cannabis Church Sentenced To Prison On Drug Charges

In Franklin County, Pennsylvania on Wednesday, Robert Henry, a member of of the Hawaii Cannabis Ministry, was sentenced from 6 1/2 to 13 years in prison for directing marijuana growing from jail in 2010 when he was serving another sentence for drug violations. This time Henry was also fined $50,500 and ordered to go through a drug treatment program. Chambersburg (PA) Public Opinion reports that Henry claims he is being persecuted because of his religious beliefs.