Religion Clause

Thursday, September 01, 2011

NY Court Enforces Forum Selection Clause In Suit Over Use of Vatican Library Images

In Magi XXI, Inc. v. Stato Della Citta Del Vaticano, 2011 U.S. Dist. LEXIS 94636 (ED NY, Aug. 24, 2011), a New York federal district court enforced identical forum selection clauses in seven sublicense agreements which gave plaintiff the right to use various images from the Vatican Library in producing and marketing candles, chocolate, confections, flowers, gift bags, stamps, wrapping paper, and fundraising materials. The clause required that any disagreements under the sublicense must "be resolved exclusively in the Sovereign State of Vatican City." Plaintiff's lawsuit, brought in New York, alleged fraud, negligence, breach of contract, unjust enrichment, and conversion, claiming defendants failed to provide access to artwork, manuscripts and other Vatican Library items. The court rejected a wide array of arguments against dismissing the case, including the contention that the Pope's role in the Vatican courts would prevent them from being a fair forum. AP reporting on the decision says plaintiff is likely to appeal.

Wednesday, August 31, 2011

Israeli Court Says Rabin Assassin Can Attend Torah Study Sessions In Prison

In Israel, Jerusalem's Central District Court yesterday ruled that Yigal Amir, who is serving a life sentence for the assassination of Prime Minister Yitzhak Rabin in 1995, may attend twice-weekly religious study sessions with a fellow prisoner next month. However officials are to monitor the sessions for any unusual conduct. Today's Jerusalem Post reports that this is a first step in considering easing of Amir's conditions of imprisonment. He has been in solitary confinement for 15 years. After the Israeli Supreme Court suggested in December that the state consider permitting Amir to spend some time with fellow prisoners, officials began considering the possibility of offering Amir a twice-a-week Torah study partner. They have only recently identified a possible suitable partner. Prison officials do not want Amir integrated with certain groups of prisoner. The court will make a final decision regarding Amir's solitary confinement next month.

Judge Refuses To Reconsider Murfreesboro Mosque Ruling

The Tennessean and the Murfreesboro Daily News Journal report that a Tennessee state chancery court judge this week denied a motion to reconsider his decision handed down in May dismissing challenges (other than an open-meeting law challenge) to the Rutherford County Regional Planning Commission's approval of building plans for a controversial mosque in Murfreesboro, Tennessee. (See prior posting). Chancellor Robert Corlew III wrote in part:

The allegations presented at the initial hearing include assertions that this structure will be used as a base to undermine our laws and our government, and perhaps even serve as a base for terrorist or military operations. Assuming for purpose of argument momentarily that such is true, were the Court to consider that after construction the Muslim congregation may begin to use the structure for terrorist activities, for example, as the Plaintiffs assert will occur, then it will be the duty of law enforcement personnel and codes enforcement personnel to halt the activities. The remedy, then, is that of halting the illegal activity and not resistance to the use of the land....

We have a duty equally to treat those whose religious beliefs are similar to the majority beliefs and to those whose beliefs are very different from the majority. If the zoning laws are too favorable to those seeking to build places of worship, then citizens should prevail upon their elected representatives to change those ordinances, but until they do the Court must apply those laws equally to Protestant Christians, Roman Catholics, Muslims, Buddhists and others.

New Jersey Requirement For Resident To Be On Retirement Home Board Violates Church's Associational Rights

In Wiley Mission, Inc. v. State of New Jersey Department of Community Affairs, 2011 U.S. Dist. LEXIS 96473 (D NJ, Aug. 25, 2011), a New Jersey federal district court enjoined the New Jersey Department of Community Affairs from enforcing a portion of the Continuing Care Retirement Community Regulation and Financial Disclosure Act against a church that operated a residential retirement facility (CCRC) as part of its ministry to the elderly. The facility contains 137 independent-living residential units, 53 residential healthcare beds, and 67 skilled nursing beds. Only 14 of the current residents are members of the church. New Jersey law (NJ Code 52:27D-345) requires that the board of directors of every CCRC to include one resident as a full voting member of its board. The board member is to be nominated by the elected representatives of the residents. The church's CCRC is not separately incorporated, so this provision effectively requires the church to include a non-church member on the church board. While rejecting several other constitutional claims, the court held that this requirement unconstitutionally infringes the church's rights of expressive association. The CCRC "is inextricably linked to the Church's stated goal of evangelization."

Defendants In Anti-Gang Suit Say Order Would Infringe Their Religious Outreach

In Elgin, Illinois, the Kane County State's Attorney last September filed suit against 81 alleged members of the Latin King gang. The suit, brought under Illinois Streetgang Terrorism Omnibus Prevention Act seeks an order barring the gang members from publicly associating with each other. (UPI, 1/18/11). Now, however, according to yesterday's Chicago Tribune, four of the defendants are asking the court to dismiss them from the lawsuit, arguing that the order would violate their rights of free expression and free exercise of religion. One of the four says he was never a gang member, and the other three say they have left the gang. All four say they have now dedicated their lives to Jesus, and want to begin an outreach program to those who remain gang member.

UPDATE: Here is the full text of defendants' motion to dismiss.

Tuesday, August 30, 2011

Warren Jeffs Hospitalized, In "Medically Induced Coma" [Updated]

AP reports that Warren Jeffs, leader of the polygamous FLDS Church, who is serving a life sentence for sexual assault and aggravated sexual assault of two minors who he had taken as his "spiritual wives", was hospitalized yesterday and is in critical condition. It is reported that Jeffs is in a "medically induced coma". In prison, he had been fasting for some period of time. An official said that Jeffs is expected to live, but the details of his medical condition are unclear. Jeffs had recently been moved to a prison 100 miles southeast of Dallas and was being held in protective custody, which requires he be held alone in his cell and not involved in any work programs. He is out of his cell only to shower and for recreation alone, though followers say he will continue to lead his sect from inside prison.

UPDATE: According to Reuters (8/30), correctional authorities say Jeffs is not in a coma, but is "somewhast sedated" and remains responsive.

New Report on Attitudes of Muslim Americans Released

The Pew Research Center today released an extensive public opinion survey of Muslim Americans. The report (full text) titled Muslim Americans: No Signs of Growth in Alienation or Support for Extremism, and is described by Pew as follows:

Based on interviews with 1,033 Muslim Americans conducted this year (April 14-July 22) in English, Arabic, Farsi and Urdu, the wide-ranging report looks at Muslim Americans’ political and social attitudes; religious views and practices; experiences and difficulties faced after 9/11; views of Islamic extremism; views of U.S. efforts at combating terrorism; and views of national conditions. In addition to updating trends from earlier Pew Research surveys, the report includes comparisons of Muslim Americans with the general public and with Muslims in other countries, as well as detailed demographic information.

The report finds that 63% of Muslim Americans are first-generation immigrants, and estimates the total Muslim population in the U.S. to be 2.75 million.

Texas Prison Begins Program To Offer Inmates Theology Degree

Yesterday, the Texas prison system inaugurated its program to permit long-term prisoners at its Darrington Unit to earn a 4-year degree in Biblical Studies from Southwestern Baptist Theological Seminary. According to Friday's Houston Chronicle, the graduates will go on to minister to inmates at other prisons. State legislators who back the program say that a similar program at Angola Prison in Louisiana has reduced prison violence by 70%. The Texas program is entirely supported by private funds. The non-profit Heart of Texas Foundation raised $150,000 in start-up funds to pay for a library, teachers and equipment. Brad Livingston, executive director of the Texas Department of Criminal Justice, explained: "The men who complete this four-year program will be a powerful voice to other inmates seeking to get their lives back on track, and will aid us in successfully reintegrating these inmates back into society." Americans United's Wall of Separation blog criticizes the program on church-state grounds.

Kosovo's Parliament Votes Down Religion In Schools, Hijab In Classroom

Kosovo's Constitution (Art. 8) provides that "The Republic of Kosovo is a secular state and is neutral in matters of religious belief." Reaffirming that principle, 64 members of the country's 120-member Parliament have voted against proposals introduced by small religious parties to teach religion in the schools and to end the ban on wearing of the hijab (headscarf) in classrooms. AFP, reporting yesterday on these developments, points out that Kosvo is 90% Muslim, but has a tradition of moderate Islam.

Hopis Make Another Attempt To Prevent Use of Recycled Waste Water At Snowbowl

In 2008, the Hopi Indian tribe was one of several plaintiffs who lost a bid under the Religious Freedom Restoration Act to stop the federal Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort. The 9th Circuit, en banc, rejected plaintiffs' claims of spiritual contamination of the sacred San Francisco Peaks, saying that the tribes' diminished spiritual fulfillment is not a "substantial burden" on their free exercise of religion. (See prior posting.) Now, according to a press release issued last week, the Hopis have filed a new challenge to the use of waste water, this time in state court, in a lawsuit against the city of Flagstaff (AZ). The suit seeks to invalidate the city's contract to sell 1.5 million gallons of reclaimed waste water per day to Snowbowl. The complaint alleges that the use of reclaimed water in a mountain setting will violate various environmental, health and safety restrictions. It asks the court to prohibit performance of the contract on the ground that it is for an illegal purpose and contrary to public policy.

Monday, August 29, 2011

Turkey Restores Seized Property To Non-Muslim Religious Groups

The New York Times reports that on Saturday, Turkey's prime minister Recep Tayyip Erdogan issued a decree returning to minority religious groups hundreds of properties that have been seized since 1936. According to AP, the decree also provides that groups will be compensated for confiscated property that has been sold to others. Erdogan announced the decree yesterday to guests at an Iftar dinner he hosted in Istanbul which was attended by representatives of over 150 Christian and Jewish trusts. The European Union-- which Turkey hopes to join-- has been pressing the country to eliminate discriminatory policies against non-Muslim religious groups, but nationalist groups in Parliament have opposed return of the seized property. The Executive Decree bypasses Parliament. Today's Zaman has more details on the history of the property expropriations.

Report Traces "Roots of the Islamophobia Network In America"

Last week, the Center for American Progress issued a 130-page report titled Fear, Inc.-- The Roots of the Islamophobia Network in America. Here is an excerpt from the "Introduction and Summary":

[A] core group of deeply intertwined individuals and organizations manufacture and exaggerate threats of “creeping Sharia,” Islamic domination of the West, and purported obligatory calls to violence against all non-Muslims by the Quran.

This network of hate is not a new presence in the United States. Indeed, its ability to organize, coordinate, and disseminate its ideology through grassroots organizations increased dramatically over the past 10 years. Furthermore, its ability to influence politicians’ talking points and wedge issues for the upcoming 2012 elections has mainstreamed what was once considered fringe, extremist rhetoric.

... A small group of foundations and wealthy donors are the lifeblood of the Islamophobia network in America, providing critical funding to a clutch of right-wing think tanks that peddle hate and fear of Muslims and Islam—in the form of books, reports, websites, blogs, and carefully crafted talking points that anti-Islam grassroots organizations and some right-wing religious groups use as propaganda for their constituency. ....

Altogether, ... seven charitable groups provided $42.6 million to Islamophobia think tanks between 2001 and 2009....

The report identifies "five experts [who] generate the false facts and materials used by political leaders, grassroots groups, and the media." One of those leaders, Robert Spencer, director of Jihad Watch, yesterday posted a strongly worded rebuttal.

India Embarking on Caste Census

India, for the first time in 80 years, is conducting a caste census according to Saturday's Sydney (Australia) Morning Herald. India's Constitution (Art. 15(2)) bars discrimination on the basis of caste, and abolishes "untouchability" (Art. 17). However, informally the caste system is still important, and the government has created set-asides in university admissions, government jobs and seats in Parliament for "backward castes." Members of Parliament from backward castes have pressed for the census, arguing that the set-aside programs require the government to know how many people of each caste there are.

Sunday, August 28, 2011

Religious Health Institute Violated California Law By Excluding Blind Participant

In Stevens v. Optimum Health Institute, 2011 U.S. Dist. LEXIS 95372 (SD CA, Aug. 24, 2011), a California federal district court held that Optimum Health Institute (OHI), a holistic health institute operated by the Free Sacred Trinity Church, violated California's Unruh Civil Rights Act and its Disabled Persons Act when it refused to allow plaintiff, who is blind, to attend its program alone with a cane, and instead insisted that she attend with a sighted companion. The court found issues of material fact remain as to whether OHI violated these statutes in refusing to allow plaintiff to attend with a service animal. In reaching its conclusion, the court held that OHI is a "business establishment" under the Unruh Act and a "public accommodation" under the Disabled Persons Act. The court rejected claims that applying these laws to OHI violates it rights to freedom of expression or the free exercise of religion. It found that "California's goal to ensure that all business establishments and places of public accommodation are accessible to people with disabilities is a compelling State interest."

Suit Challenges Village Newsletter's Promotion of Church-Sponsored Activities

Chicago area activist Rob Sherman announced that this week he filed a state court lawsuit against his home Village of Buffalo Grove (IL) challenging its use of its bi-monthly Village News and its weekly Village E-News to promote activities sponsored by religious organizations. The most recent example which triggered the lawsuit was an E-News posting promoting an upcoming Pig and Corn Roast sponsored by Hope Lutheran Church in nearby Long Grove. The complaint (full text) in Sherman v. Village of Buffalo Grove, (Cook Co. Cir. Ct., filed 8/24/2011), contends that the village is violating the First Amendment, as well as Art. VIII, Sec. 1(a) and Art. X, Sec. 3 of the Illinois Constitution that require public funds to be used only for public purposes and prohibit forcing taxpayer support of any religious institution. Buffalo Grove Patch reports on the filing of the lawsuit.

Painting of Jesus As Mickey Mouse Declared "Extremist" By Russian Court

The Huffington Post and RIA Novosti report on a decision handed down earlier this month by a court in the Kaluga Region of Russia finding that a painting (shown in the Huffington Post article) of Jesus with the head of Mickey Mouse is "extremist". The ruling means that the painting will be banned from exhibitions, newspapers, magazines and television under the provisions Art. 13 of of Russia's Federal Law No. 114 FZ on Counteraction of Extremist Activities (2002). The painting by Alexander Savko, titled Sermon on the Mount, was part of a display titled Mickey Mouse's Travels Through Art History and was first shown a a controversial 2007 display of Forbidden Art. The organizers of that show were convicted of inciting national and religious hatred and were fined. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Coley v. Smith, (11th Cir., Aug. 23, 2011), the U.S. 11th Circuit Court of Appeals upheld the district court’s grant of qualified immunity to defendants in a case in which prison authorities failed to procure all the food items that Nation of Islam inmates requested for the Eid-ul-Fitr feast in time for it celebration.

In Maddox v. Love, (7th Cir., Aug. 24, 2011), the U.S. 7th Circuit Court of Appeals reversed a substantial part of a district court’s decision and refused to dismiss at the pleading stage an inmate’s claim that his free exercise and equal protection rights were infringed when prison authorities allocated a disproportionately small amount of its budget to African Hebrew Israelite services and singled out African Hebrew Israelite religious services for cancellation due to budget cuts. It also held that plaintiff had not failed to exhaust administrative remedies merely because his grievance did not list the names of the defendants.

In Patten v. Brown, 2011 U.S. Dist. LEXIS 92985 (ND CA, Aug. 4, 2011), a California federal district court dismissed an inmate’s complaint that he was denied access to religious services and denied time in a chapel for meditation. Plaintiff failed to identify his religion or indicate whether access to a quiet sanctuary burdened his religious beliefs.

In Navarro v. Herndon, 2011 U.S. Dist. LEXIS 94606 (ED CA, Aug. 23, 2011), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claim that his free exercise and equal protection rights were violated when he was denied access to Native American religious services, or even a visit from a spiritual advisor after the death of family members, when he was placed for his own protection in administrative segregation.

In Harke v. Ada County Sheriffs, 2011 U.S. Dist. LEXIS 94439 (D ID, Aug. 22, 2011), an Idaho federal magistrate judge held that the confiscation of a former jail inmate's Bible involved only de minimus harm, and that defendants had qualified immunity in a suit challenging the confiscation. The Bible was taken because plaintiff violated jail rules when he shared it with other inmates.

In Epps v. Grannis, 2011 U.S. Dist. LEXIS 94765 (SD CA, Aug. 23, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 94762, Aug. 1, 2011), and denied a preliminary injunction to a Muslim inmate who wanted into the kosher diet program, wanted to attend worship services and receive religious packages and artifacts. The court concluded that plaintiff's allegations were vague.

Saturday, August 27, 2011

Czech Government Commission and Churches Agree On Settlement For Confiscated Property

The Prague Daily Monitor and Czech Position both report on the agreement reached on Aug. 24 between a Czech government commission and church representatives on compensating churches for property seized by the former Communist regime of Czechoslovakia. The agreement, which must now be approved by the Czech parliament, caps some 20 years of negotiations. Opposition parties have come out against the agreement, and the smallest party in the government coalition has expressed reservations about it. Under the agreement, the government will return 56% of the property to the churches, and will compensate them the equivalent of $(US)3.49 billion over 30 years for the remainder of the property. The final piece of the agreement, reached Thursday, calls for the government to continue for a 17-year transition period to pay clergy salaries and modest amounts for the upkeep of churches. The Catholic Church will receive 80% of the land and compensation, with the remainder divided among a number of other religious communities (Protestant, Orthodox, and Jewish). (See prior related posting.)

Texas Appeals Court Upholds 2008 Search Of FLDS Yearning For Zion Ranch

A Texas appeals court has rejected claims that a 2008 search of the FLDS Church's Yearning for Zion Ranch violated the constitutional rights of defendants who were convicted of sexual assault on the basis of evidence discovered in the search. The initial search warrant in the case was based on telephone calls to a crisis hotline which were later determined to be hoax calls. In Emack v. State of Texas, (TX App., Aug. 26, 2011), defendant who plead no contest and was convicted on a charge of sexual assault of a child appealed the trial court's refusal to suppress evidence from the search. The court held that defendant lacks standing to challenge the legality of the interviews of juveniles at the ranch. It rejected other challenges to the affidavits presented to obtain search warrants and to the issuance of the warrants. Finally, it concluded that the searches did not violate defendant's free exercise of religion. Defendant did not show "that the searches conducted at the YFZ Ranch curtailed his ability to express adherence to his faith through a particular religiously motivated act or that the searches otherwise pressured him to modify his religious conduct." The Texas Attorney General yesterday issued a press release reporting on the decision.

Ending High School Football Game Prayer Remains Controversial

In at least two school districts around the country, prayer at high school football games continues to generate controversy. Bell County, Kentucky school officials last week ended the tradition of having a minister lead a prayer over the public address system before games. The Lexington (KY) Herald-Leader reports that the step was taken after after the Freedom from Religion Foundation complained about the practice. (Full text of FFRF letter). According to FFRF, Bell County school superintendent George Thompson said: "We've always taken a position that we’ve going to do it until someone makes us stop." However, Republican David Williams, who is running for Governor against incumbent Steve Beshear this November, urged the governor "to denounce this attack on prayer at public functions and lead the efforts of state government to defend our citizens' right to voluntarily pray anywhere they choose." (Lexington Herald-Leader).

Meanwhile, in DeSoto County, Mississippi, again after an FFRF letter of complaint, officials ended prayers over the loud speaker system before high school football games and other school functions, saying that it is enforcing an existing policy against the practice. (Fox News). In response, according to God Discussion, at yesterday's football game, after the national anthem, parents wearing "DeSoto County for Prayer" T-shirts stood up and chanted the Lord's Prayer and students clustered into groups to pray.

Justice Department and Georgia City Agree To Settle Mosque Zoning Dispute

Earlier this month, the city of Lilburn, Georgia approved a controversial rezoning request of a Muslim congregation to build a new worship center, and the Dar-E-Abbas Shia Islamic Center indicated it would drop its federal discrimination lawsuit against the city. (See prior posting.) However the Justice Department continued to examine whether it should bring a RLUIPA lawsuit against the city. A Department of Justice press release yesterday that it has been involved in pre-suit negotiations with the city and that a settlement has been reached. Pursuant to that agreement, the government yesterday filed a lawsuit along with a proposed consent decree. Under the decree, the city agrees not to impose different zoning or building requirements on any religious group. It agreed that various city leaders and employees will attend training sessions on the Religious Land Use and Institutionalized Persons Act, the city will clarify its complaint process, and will report periodically to the Justice Department.

Friday, August 26, 2011

Boston Archdiocese Expands Disclosure of Priests Accused of Sexual Abuse

The Archdiocese of Boston yesterday announced a change in its policy regarding disclosure of names of priests accused of sexually abusing minors. Since 2002, the Archdiocese has had a policy of notifying law enforcent authorities of all allegations of sexual abuse of children. However, the names of priests were publicly disclosed only after either a criminal conviction or defrocking by the Church. Under the new policy, names will now also be disclosed where (1) an accused priest is voluntarily laicized; (2) a priest has been publicly accused and is on administrative leave, but Church proceedings have not been completed; (3) priests who had been laicized and subsequently were publicly accused of sexual abuse; and (4) priests who were publicly accused after they had died or who died before or during proceedings against them. The Archdiocese published the names of 159 priests, of whom 25 had been publicly accused but the accusations against them were found to be unsubstantiated. Another 91 names of accused priests were not posted. These were mostly cases where accusations had never been made public and either could not be substantiated, or had not been substantiated when the priest died. CNN, reporting on the policy change, quoted the director of SNAP, an advocacy group for victims, who called the disclosures "belated," "begrudging" and "incomplete".

Battle Over Control of New Orleans Catholic School

Last month, a Catholic religious order, the Josephites, filed a federal lawsuit against six members of the board of directors of St. Augustine High School, a Catholic boys school in New Orleans. As summarized by the New Orleans Times-Picayune:

The Josephites, the religious order that runs the Catholic boys' school, is suing six renegade members of St. Augustine's 12-member board of directors. The suit says the men usurped their power and staged "an attempted coup" last month by replacing the school's bylaws and by adding 14 members from the St. Augustine community to the seven-member Board of Trustees, an organization heretofore made up only of Josephites that wields power over the board of directors....

The suit represents the latest act in the escalating battle between St. Augustine faculty, parents and alumni and the Baltimore-based order. It started over the school's history of discipline through paddling, but it has morphed into a fight over who will control the 60-year-old school, which has turned out many community leaders.

The complaint (full text) in St. Joseph Society of the Sacred Heart, Inc. v. Henry, (ED LA, filed 7/11/2011), asks the court to declare that a June by-law amendment was invalid. Last Monday, the Times-Picayune reported that a mediator who was appointed in the case was making good progress.

Now, according to yesterday's New Orleans Times-Picayune, defendants are seeking to have federal district judge Jay Zainey recuse himself in the case because of "biased" and "insulting" remarks in court and because a Catholic non-profit home for adults with developmental disabilities with which the judge has close ties is connected to the Archdiocese of New Orleans that supports the Josephites. Defendants were planning to file a formal resucal motion with the 5th Circuit yesterday.

Meanwhile, Josephites are trying to deliver an "important letter" to school president Rev. John Raphael who was removed by the Josephites, but who continues to serve as president and is contesting his removal both in a state court breach of contract lawsuit and through Church channels.

Indictment Handed Down In Arson Attack on Mosque

An FBI press release yesterday announced that a Eugene, Oregon federal grand jury has indicted a 24-year old man on federal hate crime and arson charges for setting fire to an Islamic Center in 2010. Cody Crawford is charged with intentionally setting fire to the Salman Alfarisi Islamic Center in Corvallis (OR) less than two days after authorities arrested a Somali-born Muslim in a sting operation in connection with a plot to bomb a Portland (OR) Christmas Tree Lighting ceremony. The charges against Cody carry a prison term of 10 to 30 years.

Fiji Military Government Cancels Methodist Church's Conference and Imposes Other Sanctions

In the South Pacific island nation of Fiji, the military government-- for the third consecutive year-- has cancelled the annual conference of Fiji's Methodist Church. Some 36% of Fijians are Methodists. (Statistics). According to a report yesterday from ENI News, the government wanted Methodist church President Ame Tugauwe and General Secretary Tuikilakila Waqairatu to resign from their positions before the start of this year's annual conference. The two are charged with breaching emergency laws in 2009. The Methodist church supported the former government that was overthrown in a bloodless coup in 2006. In addition to cancelling the annual conference, Fiji's Land Force Commander Colonel Mosese Tikoitoga has barred all Methodist Church clergy from leaving the country and banned the issuance of permits for any official Methodist Church meetings.

Teacher Reinstated After Anti-Gay Marriage Facebook Posting Now Charged With Improper Religious Statements

In Lake County, Florida on Wednesday, school Superintendent Susan Moxley ruled that Mount Dora High School social studies teacher Jerry Buell did not violate the district's code of ethics when he he posted an anti-gay marriage message on his personal Facebook page. The posting said that same-sex unions are a "cesspool" that make him want to throw up. WFTV News reports that the former Teacher of the Year was reinstated when school officials concluded that his posting did not "disrupt the orderly processes of the district." Yesterday, however, the Orlando Sentinel reported that officials have placed a "written directive" in Buell's personnel file because of religious postings on his school webpage and in his class syllabus. On the webpage, Buell wrote that he tries to "teach and lead my students as if Lake Co. Schools had hired Jesus Christ himself." On his syllabus, he tells students: "I teach God's truth, I make very few compromises. If you believe you may have a problem with that, get your schedule changed, 'cause I ain't changing!" The webpage has been removed and Buell has been instructed to delete some parts of his syllabus.

Meanwhile, at a rally yesterday, Liberty Counsel featured Buell "along with others who have received similar persecution for their Christian beliefs."

"Underwear Bomber" Files Unusual Motions Seeking Relief on Religious Grounds

Yesterday, Umar Farouk Abdulmutallab, in federal prison in Michigan accused of attempting to blow up a plane over Detroit on Christmas Day 2009 using a bomb hidden in his underwear, filed two unusual handwritten letters with the Michigan federal district court yesterday. The first (full text), captioned Motion for Detention Hearing, (brackets in original) reads:

The Defendant Abdulmutallab, is a Muslim who believes in Allah and His messenger Muhammad [Peace be Upon Him], and believes that all Muslims should only be ruled by the law of the Quran.

The Defendant is being unjustly detained, in the United States of America, and subjected to the Rule of Man.

The Defendant Abdulmutallab moves the Court to order his release, and that the Defendant only be judged and ruled by the law of the Quran.

The second (full text), captioned Motion for No Use of Excessive Force on Defendant Abdulmutallab, (brackets in original) reads:

On the 24th of August 2011, between the hours of 5:00 am to 10: am, in the Holy month of Ramadan, Defendant Abdulmutallab, in Defense of Muhammad (Peace be Upon Him], [the Messenger of Allah to Mankind who is being defamed and abused by the United States of America] assaulted several officers from his cell.

As a result, Excessive Force was used to restrain Defendant Abdulmutallab who was already in a closed cell on his own.

The Defendant moves the court to order that no Excessive Force be used on Defendant Abdulmutallah in justly defending Muhammad (PBUH) and his Religion.

[The United States legally allows the defamation of Muhammad (PBUH), and by allowing so it is defaming and Abusing Him] PBUH

Abdulmutallah's trial is set to begin October 4. He dismissed his legal team last year, but has court-appointed back-up counsel. The Detroit News reports on the filings.

Critics Assail Absence of Religious Leaders From Planned 9-11 Ground Zero Ceremony

This year's 9-11 memorial service at Ground Zero threatens to become mired in controversy as New York Mayor Michael Bloomberg's office determines who will participate in the special tenth anniversary ceremony. Last week, first responders expressed outrage that they were not to be part of the ceremony. (CNN, 8/16). Now New York's former deputy mayor Rudy Washington is complaining bitterly that no religious leaders are included in the ceremony, saying: "This is America, and to have a memorial service where there's no prayer, this appears to be insanity to me. I feel like America has lost its way." The Wall Street Journal reported yesterday that many religious leaders are urging the mayor to reverse their exclusion. City officials, however, say that religious leaders did not participate in past years' memorial ceremonies, and the city wants this year's ceremony to have the same flavor as those of the past, with a focus on 9-11 families. Rabbi Joseph Potasnik, executive vice president of the New York Board of Rabbis, said he understands the problems of deciding which groups should be included once religious leaders are invited. An interfaith event recognizing first responders is scheduled for Sept. 6.

Thursday, August 25, 2011

Delta Airlines Will Not Facilitate Saudi Policy Requiring Travelers To Disclose Religion

According to a press release this week from the Simon Wiesenthal Center, Delta Airlines has now give assurances that, even though Saudi Arabian Airlines will join the Sky Team global airline alliance in 2012, Delta does not currently and will not in the future request on behalf of any airline that passengers disclose their religious affiliation. The assurances came in a letter (full text) from Delta after concerns were raised by Jewish, Christian and Hindu groups that Delta might facilitate the Saudi government's requirement that travelers to the country disclose their religion.

Founder of "Save a Torah" Arrested On Federal Fraud Charges

In a press release yesterday, the U.S. Attorney's Office for the Southern District of New York announced the arrest on one count each of mail and wire fraud of Menachem Youlus, founder of the "Save a Torah" charity. Youlus claimed he rescued Torah scrolls that were lost or hidden in Europe during the Holocaust. The rescued Torahs were then donated or sold to Jewish communities or synagogues in the United States and elsewhere. Youlus used his accounts of how the Torahs were rescued to raise over $1.2 million in contributions. The complaint unsealed yesterday charges that many of the Torahs represented as "rescued" were in fact merely purchased by Youlus from Torah dealers in the United States and lacked any connection to the Holocaust. Youlus also is charged with embezzling funds from Save a Torah for his personal use and submitting false invoices for purported costs of rescuing Torahs. JTA reports on the case.

St. John's Launches New Law and Religion Website

St. John's University Law School's Center for Law and Religion has announced the launch of CLR Forum, an online resource featuring a roundup of scholarship, a list of upcoming conferences, and commentary on current issues. A link to CLR Forum has been added to the Religion Clause sidebar under "Academic Centers".

Court Allows Assistant Prosecutor To Move Ahead With Religious Discrimination Claim

Yesterday's Youngstown Vinndicator reports that an Ohio federal district court is permitting an assistant city prosecutor to move ahead with his lawsuit claiming he was harassed because of his Muslim faith and that accommodation of his religious worship schedule was ended. Bassil Ally, a devout Muslim who has been an assistant city prosecutor for 7 years says he was subjected to taunts by fellow-employees suggesting he was connected to terrorists. Ally also took a late lunch (at 1:30 pm) every Friday so he could go to his mosque. This was not problem for two years when he was assigned to a courtroom that did not meet on Fridays. But when he went to his worship service instead of attending a Friday afternoon meeting called by prosecutor Jay Macejko, he was placed on administrative leave. This led him to file religious discrimination charges with the Ohio Civil Rights Commission. While permitting the suit to proceed against the city and Macejko, the court dismissed the former mayor and the law director as defendants, and placed transcripts of conversations between Ally and co-workers under seal. (See prior related posting.)

Suit Challenges Noise Pollution During Hindu Festivals In Indian City

In the Indian city of Thane, a lawsuit has been filed seeking to require the city to enforce noise ordinances against those celebrating Hindu religious festivals. According to yesterday's Times of India, political parties have reacted negatively to the public interest lawsuit filed by activist Dr. Mahesh Bedekar, saying that restrictions will dampen the festive spirit. Police issued notices to 51 mandals, most formed by politicians, that exceeded permitted decibel levels by 100% during Monday's Dahi handi celebrations. Meanwhile, according to another Times of India article, today the Bombay High Court ordered the state to convene a meeting with mandal representatives to see if the festival can be celebrated with less noise next year. In anticipation of the upcoming Ganesh festival, the court directed the mayor to meet with city corporators to discuss noise pollution, and told police not to issue permits for loud speakers within 100 meters of major hospitals.

Florida Hebrew Charter Schools Thrive

Tuesday's New York Jewish Week reports on the success of the five Ben Gamla Hebrew Language Charter Schools operating in south Florida which enroll some 1,500 students in kindergarten through 12th grade. The state-funded charter schools, whose enrollment is 80% to 90% Jewish, have thrived despite initial concerns about church-state issues. Each student studies Hebrew language at least one hour per day. The schools serve kosher food, and make accommodations when students miss school on Jewish holidays. An optional after-school Judaic studies program operates in other buildings near each school. Many of the Ben Gamla schools are located on Jewish Community Center campuses or in buildings of former Jewish day schools. The schools, founded by former congressman Peter Deutsch, aim at high quality education.

Wednesday, August 24, 2011

NYPD Intelligence Unit Monitored Mosques

AP today has published a lengthy investigative story detailing operations by the New York Police Department's intelligence unit in attempting to prevent Islamic terrorism. NYPD has received extensive cooperation from the CIA, operates beyond the boundaries of New York City and extensively monitors ethnic neighborhoods. At least in the past, part of the NYPD's activities have included monitoring of sermons at mosques:

For years, detectives used informants known as mosque crawlers to monitor weekly sermons and report what was said.... If FBI agents were to do that, they would be in violation of the Privacy Act, which prohibits the federal government from collecting intelligence on purely First Amendment activities.

The FBI has generated its own share of controversy for putting informants inside mosques, but unlike the program described to the AP, the FBI requires evidence of a crime before an informant can be used inside a mosque.....

"If you're sending an informant into a mosque when there is no evidence of wrongdoing, that's a very high-risk thing to do," [FBI general counsel, Valerie] Caproni said. "You're running right up against core constitutional rights. You're talking about freedom of religion."

That's why senior FBI officials in New York ordered their own agents not to accept any reports from the NYPD's mosque crawlers, two retired agents said.

It's unclear whether the police department still uses mosque crawlers. Officials said that, as Muslims figured out what was going on, the mosque crawlers became cafe crawlers, fanning out into the city's ethnic hangouts.

"Someone has a great imagination," Browne, the NYPD spokesman, said. "There is no such thing as mosque crawlers."

New Anti-Creationism Campaign Being Launched

Film maker Greta Schiller, working with the National Center for Science Education and Americans United for Separation of Church and State, is launching the "Celebrate Science" campaign beginning Aug. 28 in Tallahassee, Florida. A press release issued Monday announced that the Campaign will feature a new film, "No Dinosaurs In Heaven," in cities around the country. The release says that the film:

explores the problem of creationists who earn science degrees in order to sneak their anti-science beliefs into the classroom. As a stunning visual counterpoint, Dr. Eugenie Scott of the National Center for Science Education leads a raft trip down the Grand Canyon, where the creationist and evolutionary explanations of this natural wonder are juxtaposed.The film moves from the Grand Canyon to the American Museum of Natural History to actual middle school science classes in New York City, where public school teachers find themselves on the front lines of this struggle.

Jury Awards $578,000 For Discriminatory Firing of Jewish Casino Employee

Last week, a federal district court jury in Greenville, Mississippi awarded $102,000 in back pay, $76,500 for mental anxiety and $400,000 in punitive damages to a former gambling casino employee who, the jury found, was fired because he was Jewish. According to Monday's Jackson (MS) Clarion Ledger, Marc Silverberg, the former food and beverage director for Sam's Town Casino & Gambling Hall in Tunica, said that his firing was due to the prejudice of a new general manager who was hired. The company claimed Silverberg was fired for poor job performance. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Chaplaincy Groups Urge Congress To Increase Religious Liberty Protections In Face of DADT Repeal

Alliance Defense Fund announced that last week 22 representatives of religious groups that endorse military chaplains wrote a letter (full text) to Congressional leaders urging action to protect religious liberty as the repeal of the "don't ask, don't tell policy" becomes effective. The letter reads in part:

Chaplains and service members have told us they are very concerned they will be marginalized and even punished for being faithful to their religious beliefs in the wake of the repeal. We share those concerns. In fact, some chaplains have already personally experienced the punitive atmosphere this repeal has generated.

President Obama’s group that studied repeal assured Congress and the military that religious liberty would not be harmed. However, those assurances are not law and have not been transferred into actual law.... Chaplains and service members will be chilled from freely and fully exercising their faith because, for instance, they cannot know whether a commander in Fort Lewis will view religious and moral expression on sexuality more restrictively than one in Fort Bragg.

Unrecognized Indian Tribes Face Hurdles In Maintaining Religious Rites

The Christian Science Monitor on Monday reported on the problems faced by the nearly 300 Indian tribes that have not been formally recognized by the federal government. Native Americans, such as the Winnemem Wintu tribe based in northern California, are ineligible for many federal tribal benefits. Among other things, unrecognized tribes do not qualify to apply for permits to possess eagle feathers. In March, the Fish and Wildlife Service revoked the permit held by Winnemem spiritual leader and tribal chief, Caleen Sisk-Franco, who uses an eagle feather fan in healing ceremonies. Also the tribe's traditional sacred sites are being overrun by outdoor enthusiasts, and are threatened further by proposals to raise the Shasta Dam. The disparity between recognized and unrecognized tribes increased in December when President Obama announced the United States would endorse the United Nations Declaration on Indigenous Peoples, but indicated that unrecognized tribes would be excluded from coverage. The Bureau of Indian Affairs, through its Office of Federal Acknowledgement, has a process for tribes to gain recognition. However it is lengthy, and the Winnemem think they should not have to go through the process.

Tuesday, August 23, 2011

Investigation Charges Extensive Military Spending On Christian Based Programs

Chris Rodda blogging last week at Talk To Action reports on the findings so far by the Military Religious Freedom Foundation in its investigation of Pentagon spending on faith-based programming-- mostly evangelical Christian in emphasis. Findings show several hundred thousand dollars was allocated for a "Commanding Generals' Spiritual Fitness Concert Series" at Fort Eustis and Fort Lee in Virginia. The Army's "Strong Bonds" program receives $30 million per year in funding for pre- and post-deployment retreats for soldiers and their families. The retreats often have an evangelical Christian theme to them. Also Military Community Youth Ministries has received over $12 million in Department of Defense contracts since 2000, while another evangelical group, Cadence International, has received $2.6 million.

Draft Transitional Libyan Constitution Makes Islam the State Religion. But Protects Non-Muslims

The National Journal reported yesterday that even though Libya's Transitional National Council is not fully in control of the country, a draft constitution has appeared online. The Draft Constitutional Charter for the Transitional Stage includes this provision regarding religious rights:

Article (1) ...Islam is the Religion of the State and the principal source of legislation is Islamic Jurisprudence (Sharia).... The State shall guarantee for non-Moslems the freedom of practising religious rights and shall guarantee respect for their systems of personal status.

The document provides that one month after the country is liberated and the Transitional National Council moves to Tripoli, the Council is to appoint a Constitutional Authority which in turn is to draft a final constitution to be presented to the people for approval in a plebiscite.

Illinois Law Gives Secretary of State Option of Issuing Non-Photo IDs For Amish

Last week, Illinois Gov. Pat Quinn signed H.B. 1484 (full text) which gives the Secretary of State the authority to provide by rule for the issuance of state identification cards without photographs for applicants (such as the Amish) who have a bona fide religious objection to being photographed or displaying their photos. According to the Chicago Tribune, Secretary of State Jesse White has doubts about the usefulness of an ID card that has no photo on it. State Rep. Adam Brown wants the state police to develop a non-public data base that could be used by authorities to identify those who are issued IDs without photos, possibly using fingerprints instead of photos.

British Muslim Students Want Sharia-Compliant Student Loans

In Britain, the Federation of Student Islamic Societies is pressing the British government to create a new student loan system that is consistent with Sharia law. According to yesterday's London Mail, until now students have only been required to pay interest equal to the rate of inflation-- an arrangement that apparently Muslim students found acceptable. However changes that take effect next year will result in students paying higher rates of interest on the loans they take out to pay tuition. Rates will depend on their income after they graduate. Some Muslim students say they may not apply to university because of the change. The government's Department of Business, Innovation and Skills is discussing an arrangement for Sharia compliant loans that would be structured to "rent" education to students. However that kind of arrangement may not be in place until the 2013-14 academic year.

Monday, August 22, 2011

South Sudan Leaders Urge No Politicizing of Religion

The new nation of South Sudan-- whose population largely holds either Christian or traditional African beliefs-- has a secular constitution. Today's Sudan Tribune reports that South Sudan's President Salva Kiir, a Roman Catholic, speaking to a Ramadan break-the-fast at the Presidential Guest House on Saturday, urged clerics to help the government solve problems facing the new nation, but to avoid politicizing religion or practicing religious corruption. He said his Sudan People's Liberation Party Movement supports religious freedom. Atahir Bior, head of the South Sudan Muslim Council, agreed, saying: "As religious leaders we should only be preaching about love and peace. We should not mix politics with religion." South Sudan broke from Khartoum in part because of Sudan's insistence on applying Sharia law in all of the country.

Defamation Action By Muslim Chaplain Against Newspaper Dismissed As Nonactionable "Opinion"

In Rashada v. New York Post, (NY Co. Sup. Ct., Aug 11, 2011), a New York trial court dismissed a defamation action (full text of 1/20/2011 complaint) brought by a female teacher at a mosque in Newburgh, New York who is also a chaplain in the New York prison system. Plaintiff, Melody Rashada, sued the New York Post and Patrick Dunleavy over an article by Dunleavy published in the Post in Sept. 2010 titled Converts to Terror: The Prison Chaplain Problem. The article, focusing on four defendants who were on trial on terrorism related charges, asked how the defendants were radicalized to the point that they would consider bombing synagogues in the Bronx and shooting down an aircraft with missiles. Dunleavy's column said said:

What stands out is the prison connection. All four defendants were former inmates. More important, all three imams at the mosque in Newburgh that the defendants attended after being released from prison had a connection with the prison system. Imams Salahuddin Muhammad, Hamin Rashada and Melody Rashada worked for the Department of Correctional Services. All had been hired by Warith Deen Umar -- who for years headed ministerial services for the New York state prison system.

Rashada argued that this language, together with the title of the column, was defamatory because it suggested that she and the other two imams engage in the radicalization of prison inmates. The court conluded, however:

In the context of a defamation action, “expressions of opinion, as opposed to assertions of fact, are deemed privileged and no matter how offensive, cannot be the subject of an action for defamation.”...

In this case, both the context of the article itself and its broader social context indicate that it should be treated as non-actionable opinion. The article was printed under the multicolored and bolded heading “POST OPINION,” which alerted all readers that the article they were about to read was the opinion of Dunleavy.... Moreover, the broader social context of the article - the radicalization of prison inmates, leading them to engage in terrorist activity - is a topic which is intended to create much discussion and debate, and a topic on which a verifiable conclusion is neither expected nor delivered.

Sunday, August 21, 2011

Washington State Permits For Religious Activities On State Property Surveyed

In the wake of a widely-publicized denial last week by the Washington state Department of General Administration for a church to conduct a baptism ceremony in the state-owned Heritage Park (see prior posting), AP has examined the record of past permit approvals and denials. It found that prayer, church picnics and advertising for fundraisers by houses of worship have been allowed on various state property, while baptisms and religious speeches have not. At issue is the manner in which the state interprets Art. I, Sec. 11 of the state constitution, which provides: "No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment." A Department of General Administration spokesman says that "prayer is considered more of a conversation instead of an instruction or exercise, so that's why it can be allowed while others are not." However he admits that the line can be "murky."

Recent Prisoner Free Exercise Cases

In Mitchell v. Skolnik, 2011 U.S. Dist. LEXIS 90126 (D NV, Aug. 11, 2011), a Nevada federal district court, while dismissing some claims for failure to exhaust administrative remedies, permitted an African-American Hebrew Israelite inmate to move ahead with claims that officials retaliated against him for filing grievances by failing to schedule Jewish services and confiscating religious head wear. He was also permitted to proceed with claims that his rights were violated when he was denied kosher meals because his faith had not been verified by an outside organization.

In Robinson v. Florida Parole Commission, 2011 U.S. Dist. LEXIS 90707 (MD FL, Aug. 15, 2011), a Florida federal district court upheld revocation of petitioner's parole for violating curfew. The court rejected petitioner's claim that the curfew violated his free exercise rights. He claimed he was conducting church business at the time he was found to be out after curfew.

In King v. Bell, 2011 U.S. Dist. LEXIS 90750 (ED TN, Aug. 11, 2011), a Tennessee federal district court denied a death-row inmate's numerous objections to his conviction, including a claim that his rights were violated when the court excused for cause a potential juror who said she could not impose the death penalty because of the Biblical admonition against killing.

In Ghana v. New Jersey State Parole Board, 2011 U.S. Dist. LEXIS 91121 (D NJ, Aug. 15, 2011), plaintiff claimed that officials infringed his right to practice his African Hebrew Israelites of Jerusalem faith. The court held that plaintiff's claim for injunctive relief is moot because he has been transferred to a different prison facility. He was given 14 days to file the pretrial memorandum as to damage claims that he had failed to file in the past. If not filed, the case will be dismissed.

In Penwell v. Holtgeertz, 2011 U.S. Dist. LEXIS 91303 (WD WA, Aug. 16, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 91302, July 15, 2011), and, in a case on remand from the 9th Circuit, denied defendant's motion for summary judgment. It held that the factual record has been insufficiently developed as to whether restrictions on an inmate's attending group worship services and consulting with a chaplain while in Administrative Segregation violated the 1st Amendment or RLUIPA.

In Mathis v. Brazoria County Sheriff's Office, 2011 U.S. Dist. LEXIS 91827 (SD TX, Aug. 17, 2011), a Texas federal district court upheld a county jail's policy of refusing to provide kosher meals to plaintiff, and instead offering him only a pork-free diet.

In Argue v. Current MDOC Special Activities Director, 2011 U.S. Dist. LEXIS 92270 (WD MI, Aug. 17, 2011), a Michigan federal district court dismissed, partially on mootness grounds, RLUIPA claims by an inmate seeking a kosher diet and transfer to a facility where he could attend Jewish worship services. The court also held that RLUIPA claims do not lie against prison officials in their personal capacities.

Saturday, August 20, 2011

Egyptian Police Arrest Man For Facebook Postings Insulting To Islam

According to AFP, reports from Egypt yesterday say Cairo police arrested a 23-year old man on charges that he posted comments on Facebook that were insulting to the Prophet Muhammad, the Qur'an, Islam and Muslims. The man, who could be charged under a law that prohibits "insulting religion," was identified only as Ayman Y.M.

9th Circuit: Teacher Who Allegedly Insulted Religion Has Qualified Immunity From Damages

The 9th Circuit yesterday affirmed a district court's dismissal of an action that had been brought by a former California high school student against his history teacher. (See prior posting.) Chad Farnan claimed that in his sophomore Advanced Placement European History class, teacher James Corbett violated the Establishment clause by making statements that were hostile toward religion in general and Christianity in particular. In C.F. v. Capistrano Unified School District, the 9th Circuit held that claims for declaratory relief were moot since plaintiff had graduated and was no longer in the high school. Moving to plaintiff's claim for nominal damages, the 9th Circuit held:

Mindful that there has never been any prior reported case holding that a teacher violated the Constitution under comparable circumstances, we affirm the district court’s conclusion that the teacher is entitled to qualified immunity. Because it is readily apparent that the law was not clearly established at the time of the events in question, and because we may resolve the appeal on that basis alone, we decline to pass upon the constitutionality of the teacher’s challenged statements.

In discussing whether a rule of law had been clearly established, the court commented:

In broaching controversial issues like religion, teachers must be sensitive to students’ personal beliefs and take care not to abuse their positions of authority....But teachers must also be given leeway to challenge students to foster critical thinking skills and develop their analytical abilities. This balance is hard to achieve, and we must be careful not to curb intellectual freedom by imposing dogmatic restrictions that chill teachers from adopting the pedagogical methods they believe are most effective.

The Christian Science Monitor reports on the 9th Circuit's decision.

Friday, August 19, 2011

Profile of Jon Huntsman Includes Insights Into His Religious Views

This month's Vogue Magazine carries an interesting lengthy profile of Republican Presidential hopeful Jon Huntsman. Here is an excerpt that deals with the Huntsman family's religious beliefs:

Mary Anne [Huntsman's 26-year old daughter], in jogging shorts, is headed out to pick up lunch. She falls into the conversation I am having with her mother about the family’s approach to religion. Mary Kaye [Huntsman's wife] has been telling me that both Episcopalianism, the denomination in which she was raised, and her husband’s Mormon heritage are important to them. “I draw from both,” Mary Kaye says. “I think my children have drawn from both. We are a family that combines two, and it works for us.”

I ask her daughter Mary Anne how she might identify her religion on a census form. “Mormon and Christian,” she says. “Every person is different in the way they feel spiritually.” Her mother adds that spirituality, which the family strongly feels, is more important than the tenets of a particular faith.

People tend to see Mormonism as a binary, you-are-or-you-aren’t question, but Jon Huntsman is something more like a Reform Jew, who honors the spirit rather than the letter of his faith. He describes his family on his father’s side as “saloon keepers and rabble rousers,” and his mother’s side as “ministers and proselytizers.” The Huntsman side ran a hotel in Fillmore, Utah’s first capital, where they arrived with the wagon trains in the 1850s. They were mostly what Utahans call “Jack Mormons”—people with positive feelings about the Latter-Day Saints church who don’t follow all of its strictures. “We blend a couple of different cultures in this family,” he says.

Polish Court Clears Death Metal Singer On Offending Religious Feelings Charges

According to yesterday's London Guardian, a court in Poland has cleared "death metal" singer Adam Darski (known as Nergal) of charges of offending religious feeling. In a 2007 concert in Poland, Darski tore up a Bible, threw the pages to the audience and asked them to burn them. He also called the Bible a deceitful book and the Church a criminal sect. The judge concluded that Darski's actions were "a form of art" consistent with the style of his band.

Vatican Posts Some Files of Accused Priest Online In Advance of Producing Them In Discovery

A Portland, Oregon federal district court judge has ordered the Vatican to turn certain documents over to plaintiff's lawyers by today in a lawsuit in which a victim of priest sexual abuse is attempting to hold the Holy See vicariously liable for the action of a now deceased priest. Various other theories for holding the Vatican liable for the abuse by Rev. Andrew Ronan were dismissed. (See prior posting.) USA Today reports that in a pre-emptive move on Wednesday, the Vatican posted online (full text) some of the internal files on Ronan. In posting the document, the Vatican's lawyer said:

The federal courts have dismissed most of the Doe lawsuit. Today, to assist the Oregon federal district court in resolving the sole remaining jurisdictional issue in the case, the Holy See is releasing all known documents relating to Ronan held by the Roman Curia.

Like other documents previously produced by the Servite Order and the Portland Archdiocese, these newly-released documents show that the plaintiff’s lawyers’ long-standing accusations against the Holy See are false. The Holy See was not involved in Ronan’s transfers, including the transfer to Portland, and had no prior knowledge that Ronan posed a danger to minors. Instead, the documents confirm that the Servite Order first informed the Holy See of Ronan’s misconduct when Ronan petitioned for laicization in February 1966 – after the plaintiff’s abuse – and that the Holy See granted the petition for laicization just weeks later.

The plaintiff’s lawyers never had support for their calumnious accusations against the Holy See. They have nonetheless chosen to misuse the legal system as a vehicle to pursue a broader agenda – a decision that has misled the public and wasted considerable resources.

Notwithstanding the plaintiff’s lawyers’ regrettable conduct, it is important to remember that any abuse suffered by this plaintiff, or any other victim of sexual abuse, is deplorable.

Court Says Illinois May Refuse To Renew Adoption and Foster Care Contracts With Catholic Charities

Yesterday, in Catholic Charities of the Diocese of Springfield v. State of Illinois, (IL Cir. Ct., Aug. 18, 2011), an Illinois trial court rejected attempts by Catholic Charities organizations in three cities to prevent the state of Illinois from refusing to renew their contracts to provide foster care and adoption services for the state. The state took the step because Catholic Charities will not serve unmarried cohabiting couples (including those in same-sex civil unions). (See prior posting.) The court held that even though Catholic Charities have provided foster care and adoption services to Illinois families for 40 years under successive one-year contracts, the organizations have no legally recognized protected property interest in the renewal of their contracts. Chicago Tribune reports on the decision.

Britain Faced With Issues of Caste Discrimination

Some 5% of Britain's population are originally from the Indian subcontinent. Apparently this has led to the importation into Britain of problems of caste discrimination. The London Mail reported yesterday on a case pending before an employment tribunal in which a couple-- from different castes-- claim they were forced from their jobs in a British law firm because of their marriage. Amardeep Begraj, a solicitor, a Sikh from the Punjab region, belongs to the Jat caste. She met her husband, Vijay-- a low-caste Dalit-- at the law firm where he worked as the practice manager. They were warned by a senior colleague not to marry because of their caste differences. Amardeep claims that her workload was increased and her secretarial support reduced as punishment after she was married, and that she was paid less than colleagues. After Vijay was fired, Amardeep resigned from the firm. The employment tribunal is considering whether this constitutes racial or religious discrimination. Meanwhile, the government is considering whether to add caste to the equality law that now protects against discrimination on the basis of race, gender, religion and sexual orientation.

Perry Says Texas Schools Teach Creationism

The Texas Tribune reported yesterday on answers to questions about evolution given by Texas Gov. Rick Perry during his New Hampshire campaign stop. Perry, now a candidate for the Republican presidential nomination, was asked about the topic by a young boy-- visibly prompted by his mother. Perry responded:

It’s a theory that’s out there. It’s got some gaps in it. In Texas, we teach both creationism and evolution in our public schools. Because I figure you’re smart enough to figure out which one is right.

Creationism is not part of the formal science curriculum in Texas. However, in 2009, the State Board of Education voted to insert in the biology curriculum a call for students to "analyze and evaluate scientific explanations" on the complexity of cells as well as data on the "sudden appearance and stasis and the sequential groups in the fossil record." (See prior posting.)

Initiative Proponents Take First Steps Toward Legalizing Same-Sex Marriage In Maine

According to yesterday's Portland Press Herald, proponents of an initiative to legalize same-sex marriage in Maine can now begin gathering signatures on their initiative petitions. This week, the Secretary of State's office approved the language that would appear on the Novembeer 2012 ballot if at least 57,277 valid signatures are collected:

Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?

Proponents have until January to collect the required number of signatures. If they are successful, the legislature will have an option to enact the legislation. If it does not, then the measure goes on the ballot.

Britain's Equality Commission Will Study "Reasonable Accommodation," But Not In European Court Submission

Last month, Britain's Equality and Human Rights Commission announced that it had petitioned to intervene in four religious discrimination cases being appealed to the European Court of Human Rights, all involving attempts by employees to obtain accommodation of their Christian religious practices or beliefs. The Commission suggested that it would urge the court to adopt a principle of reasonable accommodation. (See prior posting.) Now, however, the Commission has announced that while it has been granted permission to intervene, it will not used these cases as the vehicle to deal with the concept of reasonable accommodation. Instead, according to a document posted on the Commission's website (full text Word.doc), it is seeking public input on the content of its submission to the Court, and will examine separately, without the time pressure of the few week deadline for its filing with the ECHR, "whether the concept of reasonable accommodation has any useful practical application in cases concerning the manifestation of religion or belief." Yesterday's London Telegraph reports on these developments.

Thursday, August 18, 2011

Claims Against Church Can Be Decided Using "Neutral Principles"

In Johnson v. Antioch United Holy Church, Inc., (NC App., Aug. 16, 2011), a North Carolina appeals court reversed a trial court's dismissal of lawsuit against a church. The trial court had held that it was constitutionally precluded from deciding the case because the suit-- alleging violations of North Carolina's Non-Profit Corporation Act and alleging intentional infliction of emotional distress-- involved an internal church governance dispute. However the court of appeals concluded that the claims could be resolved under neutral principles of law. It said in part:

Plaintiffs allege Defendants have wasted corporate assets without proper authority under Antioch’s bylaws, caused church assets to inure to the benefit of private individuals, and failed to keep appropriate records of its activities. Plaintiffs further allege these acts have threatened the church’s tax-exempt status and exposed Plaintiffs to liability for federal and state income tax for funds received by Antioch. Whether Defendants’ actions were authorized by the bylaws of the church in no way implicates an impermissible analysis by the court based on religious doctrine or practice....

Plaintiffs’ second claim alleges common law intentional infliction of emotional distress against McGlenn when McGlenn delivered to Wallace a letter stating that Wallace was no longer a member of Antioch. While a court cannot determine whether a church’s grounds for membership are spiritually or doctrinally correct, ... applying a secular standard of law to secular tortious conduct by a church is not prohibited by the Constitution.

The appeals court also reversed the trial court's imposition of Rule 11 sanctions on plaintiff.

9th Circuit: Idaho Charter School Teachers Have No 1st Amendment Right To Use Religious Texts

The 9th Circuit Court of Appeals has affirmed the dismissal of a lawsuit brought by an Idaho state-funded charter school and two of its teachers challenging a policy adopted by the state's Public Charter School Commission. The Commission adopted the view of the state attorney general that the use of religious documents or texts in a public charter school classroom would violate Art. IX, Sec. 6 of the Idaho Constitution. That section prohibits the use of sectarian books or documents in public school classrooms. Teachers at the Academy wanted to use primary source documents-- including the Bible and the Koran-- in teaching their courses and argued that the ban violated their and their students' 1st and 14th Amendment rights. (See prior posting.)

In Nampa Classical Academy v. Goesling, (9th Cir., Aug. 15, 2011), the 9th Circuit held that the school, as a government entity, cannot bring an action against the state, but a teacher does have standing to pursue the claim. The court went on to hold, however, that:

The First Amendment’s speech clause does not, however, give Idaho charter school teachers, Idaho charter school students, or the parents of Idaho charter school students a right to have primary religious texts included as part of the school curriculum. Because Idaho charter schools are governmental entities, the curriculum presented in such a school is not the speech of teachers, parents, or students, but that of the Idaho government. The government’s own speech is exempt from scrutiny under the First Amendment’s speech clause.

Judge Rawlinson concurred only in the result.

Tennessee Sheriff Changes Rules On Mug Shots of Those Wearing Religious Head Coverings

Yesterday's Tennessean reports that in Nashville, the Davidson County, Tennessee sheriff's office has revised its policy regarding wearing of religious head coverings for mug shots. A person wearing religious head covering who is being booked into the county jail will first have a mug shot taken with the head covering on. Then a second photo will be taken with the head covering removed from the person's face. This photo will be taken only in the presence of a same-sex guard, and will be kept in a confidential file that can only be opened by court order.

Barber Shop Closed Down After Inspectors Find Palo Mayombe Altar and Animals

In New Bedford, Massachusetts on Tuesday, the state Division of Professional Licensure closed down a downtown barber shop after animal control officers found evidence that the shop's owner, William Camacho, was engaging in ritualistic animal sacrifice there. According to the New Bedford Standard-Times, Camacho is a practitioner of Palo Mayombe. A routine fire and building inspection turned up two chickens and four roosters (one dead) in cages next to a religious altar in the barber shop's basement. Camacho says he does not sacrifice the animals at the barber shop, but only at ceremonies in rural settings.

UPDATE: According to New Bedford's health director, the barber shop was ordered closed because of the health problems that could result from fecal matter found on the basement floor where the animals were located. The inspection was prompted by an anonymous complaint that roosters were heard crowing. (Standard-Times, Aug. 18).

New York City Council Strengthens Law's Requirement To Accommodate Religious Observance

The Empire reports that yesterday New York City Council passed an amendment (full text) to the city's Human Rights Law making it more difficult for both private and governmental employers to refuse to accommodate employees' religious practices. The amendment was particularly an effort to address problems that the large Sikh community in Queens has faced in seeking to wear turbans while employed by the New York Police Department. The amendment requires the employer to show significant expense or difficulty would be involved in accommodating an employee before denying an accommodation request.

Wednesday, August 17, 2011

Georgia City Approves Controversial Mosque

The Atlanta Journal Constitution reports that yesterday the Lilburn, Georgia city council voted 3-1 to approve the controversial rezoning request of a Muslim congregation to build a 20,000 square foot worship center to meet the needs of the city's growing Muslim population. Council had twice before rejected the rezoning request that would have permitted the Dar-E-Abbas congregation to buy up land surrounding its current mosque and expand. Last December, council deadlocked 2-2 over the request, though zoning amendments last September permitted the congregation to create a cemetery less than a half mile away. (Atlanta Journal Constitution). Dar-E-Abbas will now drop its federal discrimination lawsuit against Lilburn which it brought in 2009, but the Department of Justice is still investigating whether the city has violated the Religious Land Use and Institutionalized Persons Act.

No Free Exercise Violation In Requiring Dog Be Vaccinated Before Being Adopted From City Shelter

In a variation on the typical free exercise objection to vaccination requirements, a Florida federal district court has dismissed a claim that the Department of Animal Services in Clearwater, Florida violated a Largo, Florida man's rights by insisting that the dog he wished to adopt first have various shots. In Fohrmeister v. Doe, 2011 U.S. Dist. LEXIS 90702 (MD FL, July 27, 2011), a federal magistrate judge, in an opinion adopted by the court (2011 U.S. Dist. LEXIS 90704, Aug. 15, 2011), held that the pro se plaintiff had failed to allege sufficient facts to make clear what his religious beliefs were. Moreover, "the burden posed by the applicable law on any religious belief or practice appears tangential and attenuated at best."

FFRF Objects To Funding Improvement In Church Building Being Used For Public Pre-School Class

Last week, the Cedar Falls, Iowa Board of Education, short on space for its pre-school classrooms, voted to locate one of them in Kaio Church, next door to an existing elementary school. The Board approved spending over $61,000 to add handicap accessible restrooms, installing emergency exits, abating asbestos and otherwise bringing the space up to building code requirements. (WCF Courier 8/9). Now, according to yesterday's WCF Courier, the Freedom from Religion Foundation has written the Board contending that the contract violates Art. I, Sec. 3 of the state constitution which provides:

nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship....

School Superintendent David Stoakes disagrees, saying: "Separation has to do with programming, not the facility. We are not going to be propagating any religion in our preschool program."

Report Disputes Data On Decrease of Christian Population In West Bank, Gaza and Jerusalem

Seeking to counter reports accusing Israel of creating a mass exodus of Palestinian Christians from Palestinian areas, the Jewish Council on Public Affairs yesterday announced the release of a report (full text) on the size of the Christian population in the West Bank, Jerusalem and Gaza. Here is an excerpt:

What is misleading about the way the story has been told about a diminishing Palestinian Christian population?

1) Population: We are told that the population is small. In reality, though, it has never been large. The most important part of the story is that the significant drop in Christian population in the West Bank occurred years ago. Some Palestinian Christians became refugees in 1948. Others left during Jordanian rule from 1948-1967. Since 1967, when the West Bank came under Israel and later Palestinian Authority administration, the population has not decreased. In fact, according to almost all sources, it has increased – just at a rate slower than it would have increased without emigration. Hypothetic data showing how the population might have increased are speculative and questionable.

2) Percentage: The percentage of Christians in the West Bank has decreased dramatically. This is largely due to the exponential increase in the surrounding Muslim population. Emigration and low birth rate are real, but pale in comparison to the dramatic increase in the Muslim demographic. In many instances, the data used for comparison reference different areas, making the decrease seem more stark than it really is.