Suit Seeks Placement Of Winter Solstice Anti-Religion Sign Next To Creche

The Freedom From Religion Foundation yesterday announced the filing of a federal court lawsuit against the city of Warren, Michigan in an attempt to require the city to place an FFRF Winter Solstice sign next to a nativity scene that is already on display in the Warren Civic Center. The sandwich-board sign reads in part: "Religion is but myth and superstition that hardens hearts and enslaves minds."  The full text of the complaint, motion for preliminary injunction and brief in support of the motion in Freedom from Religion Foundation, Inc. v. City of Warren, Michigan, (ED MI, filed 12/22/2011), recounts FFRF's efforts to have its sign displayed.  The mayor of Warren refused FFRF's request to display the sign, saying that it "is clearly anti-religion and meant to counter the religious tone of the Nativity Scene, which could lead to confrontations and a disruption of city hall." The complaint alleges that the Nativity Scene violates the Establishment Clause; and that refusal to display FFRF's sign violates the free speech clause of the 1st Amendment as well as the 14th Amendment's Equal Protection Clause.

Settlement Is Reached In Suit By Nurses Asserting Conscience Rights In Assisting On Abortions

AP reports that a settlement has been reached in Danquah v. University of Medicine and Dentistry of New Jersey, a suit filed last month by a group of nurses who claim that the University of Medicine and Dentistry of New Jersey has demanded that they assist in abortions in violation of their religious objections. (See prior posting.)  Under the settlement which was mediated by U.S. District Judge Jose Linares, 12 nurses in the same-day surgery unit will retain their current positions and, with a limited exception, will not be required to assist in any part of an abortion procedure. If there is a life-threatening emergency and no non-objecting staff members are available, then the nurses will be required to assist, but only until another staff member can be brought in.

Christian College Sues Over Health Care Mandate To Cover Contraceptives and Sterilization

The Becket Fund announced this week the filing of a lawsuit by Colorado Christian University (CCU) challenging on free exercise, free expression and other grounds regulations issued under the Affordable Care Act that require health care plans to cover all FDA-approved contraceptive methods and sterilization procedures. The plans must also cover related education and counseling.  While the regulations contain an exemption for certain religious employers (see prior posting), the exemption is too narrow to cover universities whose purpose is not limited to the inculcation of religious values. The complaint (full text) in Colorado Christian University v. Sebelius, (D CO, filed 12/22/2011), seeks a declaration that enforcement of the regulations against CCU violates the 1st Amendment and the Religious Freedom Restoration Act, and that the regulations were issued in violation of the Administrative Procedure Act. It also seeks an injunction against enforcement of the regulations against religious organizations that object to providing insurance coverage for contraceptives (including  abortifacient contraceptives) and sterilization. A similar lawsuit was filed last month by a Benedictine Catholic University (see prior posting); however CCU is the first interdenominational Christian college to bring such a suit.

Court Lacks Authority To Order Husband To Give Jewish Divorce Document

In Lowy v. Lowy, (NJ App., Dec. 21, 2011), a New Jersey appeals court held that a trial judge lacked authority to order defendant husband to give a get (Jewish divorce document) to his wife where the husband was under no contractual obligation to do so. While the parties had submitted their dispute to a Jewish religious court (Bais Din), that religious arbitration panel did not order the husband to give his wife a get. The court held:

Once the Bais Din decree is eliminated as a source of authority for the judge's August 27, 2010 enforcement order -- as it must be -- the order cannot be sustained because it constitutes impermissible judicial involvement in a matter of religious practice.

Under Jewish religious law, a get can only be issued with the cooperation of the husband, and the wife may not remarry in a traditional Jewish religious ceremony if she has not received a get. [Thanks to Steven H. Sholk for the lead.]

Court Again Rules For Seventh Day Adventist Church In Zoning Dispute

In Reaching Hearts International, Inc. v. Prince George's County, 2011 U.S. Dist. LEXIS 146495 (D MD, Dec. 21, 2011), a Maryland federal district court ordered Prince George's County (MD) Council to reconsider its partial denial of a water and sewer service category change for a church building that a Seventh Day Adventist organization wished to construct.  As reported by the Washington Examiner this week, plaintiffs already won a $3.7 million religious discrimination judgement against the county in 2008 for its actions that prevented the church from obtaining clearance to build. Apparently the refusal was motivated at least in part by the views of one Council member who believed that no more churches were needed in the area. (See prior posting.) In its decision this week, the court said: "The reasons given by the County for its initial denial of RHI's 2010 Application closely mirror the reasons previously given for all of its actions at issue in the 2008 trial which were rejected by the jury's verdict and this Court's order."

2d Circuit: Res Judicata Bars Relitigation of Moorish Officers Dismissal

In Bey v. City of New York, (2d Cir., Dec. 19, 2011), the U.S. 2nd Circuit Court of Appeals dismissed on res judicata grounds a suit by two New York City correctional officers who were members of the Moorish American Religion-- which teaches that Moors are exempt from taxes.  Appellants were dismissed from their Department of Corrections positions for filing false tax documents with the intent to defraud.  The Court concluded that a prior lawsuit which plaintiffs lost was based on the same series of transactions that give rise to the constitutional challenge to plaintiffs' suspension and termination in this case.

Cert. Filed In Idaho Charter School Board Ban On Religious Texts In Classrooms

Alliance Defense Fund announced yesterday that it has filed a petition for certiorari (full text) with the Supreme Court in Napa Classical Academy v. Goesling. In the case, the 9th Circuit upheld the action of the Idaho Public Charter School Commission in barring publicly funded schools from using relgioius texts in the classroom, even for teaching of secular subjects.  The 9th Circuit held that the First Amendment’s speech clause does not give charter school teachers, students, or parents a right to have such texts included as part of the school curriculum. (See prior posting.)

Russian Local Prosecutor Attempting To Ban Sacred Hindu Text As Extremist

CNN reports that in the Russian city of Tomsk, a court has  postponed until Dec. 28 its decision on an attempt by the prosecutor to ban the Bhagavad Gita as an extremist book that sows social discord. The court in August appointed a 3-member academic panel to submit a report to it. The Indian ambassador to Russia has objected to the prosecutor's attack on one of Hinduism's most important texts. The Hindu American Foundation says that prosecutors have taken words from the Gita out of context. Alexander Kadakin, Russia's ambassador to India, said: "It is not the Russian government that started the case. These are some petty people in the far away though very beautiful city of Tomsk who did it. The government ... can only testify and reiterate the love and affection and highest esteem our nation has for Bhagavad Gita."

UPDATE: A Dec. 23 report from Interfax says that the Tomsk prosecutor is not going after the text of the Bhagavad Gita, but instead the Russian-language edition of the Bhagavad Gita As It Is, and especially the accompanying commentary written in 1968 by the founder of the International Society for Krishna Consciousness, A. C. Bhaktivedanta Swami Prabhupada.

Refusal To Discuss Sabbath Accommodation For Correctional Officer Violates Title VII

In Schutte v. Department of Corrections, (CO Pers. Bd., Dec. 19, 2011), a Colorado State Personnel Board administrative law judge held, in an initial decision, that a state correctional facility illegally discriminated against a Messianic Jewish correctional officer by refusing to accommodate his religious need to have Friday nights and Saturdays off from work.  The opinion concluded that the complainant's supervisors violated Title VII of the federal 1964 Civil Rights Act by refusing to engage in an interactive process once complainant raised the scheduling issue. KSUA News reports on the decision.

Quebec Will Allow Jail and Courthouse Guards To Wear Hijab

Canadian Press reported yesterday that Quebec's Public Service Department has reached a settlement with the province's human rights commission that will allow female Muslim correctional officers who guard jails and courthouses to wear a hijab (headscarf). The government will provide the head covering to those officers who request it. The settlement grew out of a discrimination complaint filed in 2007.  The opposition  Parti Quebecois strongly criticized the settlement.

Indian Court Tells Social Networking Sites To Remove Anti-Religious Content

In New Delhi, India yesterday, a court issued an ex parte restraining order requiring 22 social networking websites to remove videos, text and photos with anti-religious or anti-social content that promote hatred or communal disharmony. PTI reports that the defendants include Facebook, Google and Youtube. The order came in a civil suit filed by Mufti Aijaz Arshad Qasmi and amidst reports that India's Telecommunications Minister had asked the websites to screen their content. Apparently the order covers content that was included on a CD filed in the lawsuit by plaintiff.  Defendants are to respond to the court's order by Dec. 24.

UPDATE: Economic Times reports that at the Dec. 24 hearing, the court again ordered removal of anti-religious and anti-social content on 22 social networking websites and directed the companies to file compliance reports by Feb. 6.  Only Yahoo India Pvt Ltd and Microsoft appeared a the hearing, and they said they had not yet received a copy of the complaint or the original court order. Counsel for the complainant assured the court that he would provide them with copies.

National Menorah Lit In D.C. As Hanukkah Begins

Last night marked the beginning of the Jewish holiday of Hanukkah. AP reports on how Washington ushered in the holdiay:

Thousands turned out for a special ceremony marking the first night of Hanukkah. "The President's Own" U.S. Marine Band performed as the National Menorah, situated on the Ellipse near the White House, was lit.

Time traces the transformation of Hanukkah from a minor Jewish holiday to perhaps the most celebrated Jewish holiday in America.

UPDATE: Also yesterday, President Obama sent Hanukkah greetings to all those around the world celebrating the holiday. (Full text of statement.)

Preliminary Injunction Protects Street Preachers At Holiday Festival In Park

In Jankowski v. City of Duluth, (D MN, Dec. 20, 2011), a Minnesota federal district court granted a preliminary injunction to prevent city of Duluth police officers from interfering with activities of two street preachers at the Bentleyville Tour of Lights.  The Tour is a holiday festival held each year on city property, Bayfront Festival Park, and is sponsored by a private non-profit group. The court concluded that Bayfront Festival Park is a traditional public forum, and it remains so when a private group uses it to host an event that is free and open to the public. The court concluded that the city had failed to set forth any interest that is furthered by its enforcing the non-profit sponsor's ban on plaintiffs' 1st Amendment activities. A Dec. 13 magistrate judge's decision in the case had likewise recommended granting a preliminary injunction. An Alliance Defense Fund press release reports on the court's decision. (See prior related posting.)

UN General Assembly Adopts Resolution Against Religious Intolerance, Without Mentioning Defamation of Religion

On Dec. 19, according to a United Nations press release, the U.N General Assembly:

adopted a new text on combating intolerance, negative stereotyping, stigmatization, discrimination, and incitement to violence against persons, based on religion or belief, ... [proposed] on behalf of the Organization of Islamic Cooperation (OIC).  By that text, it strongly deplored all acts of violence against persons on the basis of their religion or belief, as well as all attacks on and in religious places, sites and shrines in violation of international law.

Human Rights First noted yesterday that, unlike past resolutions, this one avoids the concept of "defamation of religion."

U.S. House Resolution Presses Turkey On Religious Liberty Issues

Last week, the U.S. House of Representatives adopted a resolution urging the Secretary of State to pressure Turkey on issues of religious freedom.  House Resolution 306, adopted by voice vote on Dec. 13, is summarized by the Congressional Research Service. The resolution:

Urges the government of Turkey to honor its obligations under international treaties and human rights law and: (1) end all forms of religious discrimination; (2) allow church and lay owners of Christian church properties to organize and administer religious and social activities; and (3) return to their rightful owners all Christian churches, monasteries, schools, hospitals, monuments, relics, and other religious properties, and allow their preservation and reconstruction as necessary.

Yesterday's Armenian Reporter gives more background on the problems faced by Christian communities in Turkey. (See prior related posting.)

Federal Indictments Handed Down In Beard-Cutting Attacks on Amish

A press release yesterday from the U.S. Attorney's Office for the Northern District of Ohio announced that a federal grand jury has returned a 7-count indictment charging 10 men and two women in five separate assaults on members of a rival Amish group. According to the press release:

As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to the indictment.

The indictment charges conspiracy to violate 18 USC Sec. 249, the Matthew Shepard-James Byrd Hate Crimes Prevention Act, and 18 USC Sec. 1512 which prohibits witness tampering. (See prior related posting.)

Florida AG Submits Revised Ballot Summary Language For Religious Freedom Amendment

As previously reported, last week a Florida trial court held that the ballot summary language for the Religious Freedom Amendment that was to appear on the 2012 ballot was ambiguous and misleading. The court's ruling however was subject to statutory mandate given to the state Attorney General to submit corrected revised ballot language within 10 days. Yesterday, Florida Attorney General Pam Bondi announced that she had submitted to the Department of State revised ballot summary language. (Full text of submission.) Not surprisingly, the new language follows the wording suggested by the trial court in its opinion that invalidated the prior version.  Opponents now have 10 days to file any challenges to the new language. Yesterday's Washington Examiner reports on these developments.

Episcopal Church Denied Summary Judgment In Property Dispute With Break-Away Diocese

In Diocese of Quincy v. The Episcopal Church, (IL Cir. Ct., Dec. 16, 2011), an Illinois trial court refused to grant summary judgment to The Episcopal Church on its counterclaim against the Diocese of Quincy (IL) in a lawsuit originally filed by the break-away diocese to quiet title to its property. As explained by Anglican Curmudgeon, The Episcopal Church claimed that the break-away diocese was wrongfully withholding funds and property from The Episcopal Church. The court refused to rule as a matter of law that The Episcopal Church is hierarchical, so that the diocese is subject to its highest ecclesiastical authority in connection with the property dispute.  The court also concluded that even if the church is hierarchical, that would not end the matter because a "neutral principles of law" approach should be applied to resolving the property ownership dispute. [Thanks to Catholic and Reformed for the copy of the opinion.]

11th Circuit Upholds School's Insistence That Counseling Student Follow Professional Standards For GLBTQ Clients

In Keeton v. Anderson-Wiley, (11th Cir., Dec. 16, 2011), the U.S. 11th Circuit Court of Appeals denied a preliminary injunction to an Augusta State University graduate student seeking a degree in counseling who claimed that her free speech rights were violated when the school insisted she take part in a remediation plan. Student Jennifer Keeton made it clear that because of her Christian religious beliefs that homosexuality is a lifestyle choice, she would have difficulty working with GLBTQ clients. The court said:

We conclude that the evidence in this record does not support Keeton’s claim that ASU’s officials imposed the remediation plan because of her views on homosexuality. Rather, as the district court found, the evidence shows that the remediation plan was imposed because she expressed an intent to impose her personal religious views on her clients, in violation of the ACA Code of Ethics, and that the objective of the remediation plan was to teach her how to effectively counsel GLBTQ clients in accordance with the ACA Code of Ethics....

As the curricular requirement that students comply with the ACA Code of Ethics is neutral and generally applicable, it needs only to survive rational basis review. It easily satisfies this test, as it is rationally related to ASU’s legitimate interest in offering an accredited counseling program.

Judge Pryor filed a concurring opinion. The Chronicle of Higher Education reports on the court's decision.

Muslim Men Who Were Taken Off Flight Sue For Discrimination

A lawsuit was filed in Tennessee federal district court yesterday by two Muslim men who were taken off an Atlantic Southeast Airlines flight from Memphis (TN) to Charlotte (NC) after the pilot was uncomfortable with them being on board. The two-- a professor and a Muslim cleric-- were wearing traditional Islamic dress and were on their way to a conference on Islamophobia and anti-Muslim bias. (See prior posting.) The complaint (full text) in Rahman v. Delta Airlines Inc., (WD TN, filed 12/19/2011) claims that the airline's actions violated federal and state anti-discrimination laws. It also asserts claims for intentional infliction of emotional distress, slander and negligent supervision.  A CAIR press release and a report from the Memphis Commercial Appeal have additional details.

Suit Challenges Refusal To Rent B&B Room To Lesbian Couple

Lambda Legal yesterday announced the filing of a lawsuit in state court in Hawaii on behalf of a lesbian couple who were refused a room at a bed and breakfast by the sole proprietor owner because her personal religious views made her uncomfortable renting to a same-sex couple. The complaint (full text) in Cervelli v. Aloha Bed & Breakfast, (HI Cir. Ct., filed 12/19/2011), alleges that the refusal by owner Phyllis Young to rent a room to Diane Cervelli and Taeko Bufford violates Hawaii statutes, Chap. 489, that prohibits discrimination on the basis of sexual orientation in public accommodations. During the course of an investigation of the matter by the Hawaii Civil Rights Commission, Young expressed her opinion that homosexuality is "detestable" and that "it defiles our land."

Hungarian Constitutional Court Strikes Down Religion Law

Adventist News Network reported yesterday that Hungary's Constitutional Court has struck down Hungary's recently-enacted Law on Churches. The new law which would have gone into effect on January 1 deregistered all but 14 traditional religions.  Some 300 minority religions would have had to reapply to Parliament. The law had been widely criticized by religious freedom advocates. (See prior posting.) [Thanks to Joseph K. Grieboski for the lead.]

Recent Articles of Interest

From SSRN:

• Daniel E. Martin, Whistle Blowing, Religiosity, Spirituality and Integrity: Understanding the Impact of Social Dominance Orientation and Environmental Context, (Journal of Moral Occupational Psychology, Forthcoming).
• C. Christine Fair, Neil A. Malhotra, and Jacob N. Shapiro, A Religion of Peace? Islam and Support for Political Violence, (December, 11 2011).
• Stephen R. Munzer, Bodily Inscriptions as Signs in Medieval Christian Piety and Aztec Rituals, (Journal of Ritual Studies, Vol. 25, No. 2, pp. 37-51, 2011).
• Aaron J. Saiger, Religious Consumers and Institutional Change in American Public Schooling: Cases from Jewish Education, (Journal of Law, Religion and State, Vol. 1, 2012).
• Aaron J. Saiger, Changing the Conversation in Education Law: Political Geography and Virtual Schooling, (Journal of Law and Education, Vol. 41, 2012).

From SmartCILP:

• Jeffrey A. Brauch, Faith-Based Law Schools and an Apprenticeship in Professional Identity, 42 University of Toledo Law Review 593-603 (2011).
• Steven B. Dow, The Eleventh Amendment and Corrections Litigation: The Impact of Sovereign Immunity on the Religious Land Use and Institutionalized Persons Act, 37 New England Journal on Criminal & Civil Confinement 247-265 (2011).
• Scott W. Gaylord, When the Exception Becomes the Rule: Marsh and Sectarian Legislative Prayer Post-Summum, 79 University of Cincinnati Law Review 1017-1075 (2011).
• Daniel B. Weddle and student Kathryn E. New, What Did Jesus Do?: Answering Religious Conservatives Who Oppose Bullying Prevention Legislation, 37 New England Journal on Criminal & Civil Confinement 325-347 (2011).

Police Officer's Mocking of Plaintiffs' Religion Is Not Free Exercise Violation

In Huynh v. City of Houston, 2011 U.S. Dist. LEXIS 142989 (SD TX, Dec. 12, 2011), Vietnamese owners of a game room in Houston, Texas sue challenging repetitive excessive citations issued to them by a Houston police officer Mark Leija. Plaintiffs alleged that "on one occasion, Officer Leija mocked their religious beliefs by making reference to a Buddha statue inside the game room and by joking with patrons that Plaintiffs' religion and the statue were not helping them."  The court held, however, that: "Because they allege no facts showing that Officer Leija restrained them from the exercise of their religious beliefs, Plaintiffs fail to state a cognizable First Amendment free exercise claim."

Complaint Against Judge's Proselytizing Is Protected Speech; Jury Award Upheld

In Pucci v. Somers, 2011 U.S. Dist. LEXIS 144894 (ED MI, Dec. 16, 2011), a Michigan federal district court upheld a $734,000 jury verdict in favor of Julie Pucci, the former deputy administrator of a Michigan state court, against Mark Somers, the court's chief judge.  Pucci claimed that the termination of her employment was in retaliation for her complaints about Somers' preaching religious beliefs from the civil court bench. The court concluded that Pucci's complaints involved matters of public concern and were made in her capacity as a concerned citizen by approaching the State Court Administrator's Office.  As to disruption in the workplace that might have been caused be Pucci's complaint, the court said: "In this case, the defendant has shown only that the plaintiff's speech caused disharmony in a workplace already ringing with sour notes." Therefore her complaints were protected by the First Amendment. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In White v. Swartz, 2011 U.S. Dist. LEXIS 141927 (D ME, Dec. 6, 2011), a Maine federal magistrate judge rejected an inmate's complaint that his rights under RLUIPA were violated by the sex offender program that involved holding victims up to a "healing light". His complaint that he could not bring his Bible to morning meditations was also dismissed.

In Luzano v. Yates, 2011 U.S. Dist. LEXIS 142650 (ED CA, Dec. 12, 2011), a California federal magistrate judge dismissed, with leave to amend, a Native American inmate's claim that his free exercise and equal protection rights were violated when he was denid access to a sweat lodge.

In Bogard v. Perkins, 2011 U.S. Dist. LEXIS 142801 (ND MI, Dec. 12, 2011), a Mississippi federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142803, Nov. 1, 2011) and permitted an inmate who was a member of the Nazarite Religious (Hebrew Israelite) Faith to proceed with a free exercise challenge that the state's grooming standards that prevented him from wearing dreadlocks. It also permitted him to proceed with a retaliation claim.

In Johannes v. County of Los Angeles, 2011 U.S. Dist. LEXIS 142530 (CD CA, Dec. 5, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142528, April 8, 2011), and rejected the claim of an inmate who was civilly detained at tle Los Angeles County jail under the Sexually Violent Predator Act that SVPA detainees were not provided access to religious services.

In Lindensmith v. Jerome, 2011 U.S. Dist. LEXIS 143511 (ED MI, Dec. 14, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 143905, Oct. 25, 2011) and dismissed an inmate's complaint for money damages growing out of the initial refusal to deliver to him four books relating to his Thelema religion. After administrative hearings, he received one of the books and was reimbursed $114 for three of the books that were lost. Plaintiff then sued seeking over $43 million in punitive damages.

In Derrick v. Martin, 2011 U.S. Dist. LEXIS 143608 (ED MI, Dec. 14, 2011), a Michigan federal district court upheld a Department of Corrections policy that restricted the Kosher diet program to prisoners whose sincerity was demonstrated by their passing a test showing a basic knowledge of the Jewish religion and the requirements of keeping kosher.

In Buckley v. Alameida, 2011 U.S. Dist. LEXIS 143845 (ED CA, Dec. 14, 2011), a California federal magistrate judge recommended dismissing a complaint by a Black Orthodox Jewish inmate that his kosher food package was confiscated by officials because it exceeded size and weight limits permitted for inmates to possess.

In Flanagin v. Gurbino, 2011 U.S. Dist. LEXIS 143868 (ED CA, Dec. 13, 2011), a California federal magistrate judge recommended dismissing an inmate's challenge to prison policy that denied kosher meals to non-Jewish inmates.

Suit Challenges North Carolina's Marriage Laws As Free Exercise and Establishment Violations

An unusual lawsuit was filed earlier this month in state court in North Carolina challenging North Carolina's statutes that require any marriage to be solemnized by a magistrate or a member of the clergy (GS Sec. 51-1) and prohibit them from solemnizing a marriage unless the couple has obtained a marriage license (GS Sec. 51-6). The complaint (full text) in Thigpen v. Cooper, (NC Super. Ct., filed 12/8/2011), alleges that (1) it violates the Establishment Clause for the state to make a member of the clergy an agent of the state to perform a marriage ceremony and submit a state granted license; (2) it violates state and federal free exercise protections for the state to require individuals entering into marriage to participate in a state-prescribed ceremony and licensing of the marriage; and (3) it is unconstitutional for the state to prohibit members of the clergy from solemnizing the marriage of same-sex couples. The complaint also alleges that the state's marriage requirements violate the personal liberty protections of the 14th Amendment and North Carolina's constitution. The Greensboro News-Record reported on the case last week.

Cert. Filed In San Diego State Christian Fraternity Lawsuit

A petition for certiorari (full text) was filed with the U.S. Supreme Court on Wednesday in Alpha Delta Chi- Delta Chapter v. Reed. In the case, the 9th Circuit Court of Appeals upheld the facial constitutionality of a San Diego State University policy that denies recognition to any student group that restricts membership or eligibility to hold officer positions on the basis, among others, of religion. However, the court concluded that plaintiffs had raised a triable issue of fact as to whether the University applied the policy in a discriminatory manner in denying recognition to a Christian fraternity and sorority, while granting recognition to certain other groups that limit their membership. (See prior posting.) Alliance Defense Fund issued a press release announcing the cert. filing. ADF summarized its position as follows: "The university is not telling the Democratic club it must be led by a Republican, or the vegetarian club that it must be led by a meat-eater, but it is telling Christian groups that they must allow themselves to be led by atheists."

USCIRF Reauthorized For 3 Years, But 5 Current Commissioners Are Pushed Out

Congress on Friday gave final passage to HR 2867, the United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011, reauthorizing USCIRF until September 30, 2014. Passage came as the Commission was preliminarily preparing to close down. Reauthorization had been stalled in the Senate because of a hold placed on the legislation by Illinois Senator Richard Durbin over an unrelated issue. (See prior posting.) Durbin insisted on amendments to the original House bill in order to lift his hold. After the Senate passed those on Tuesday, the House went along with them Friday. Two articles in World Magazine (1, 2), report in greater depth on the bill's journey through Congress.  Some supporters of USCIRF say that Durbin's amendments will impede the agency's work. In particular, they point to a provision that limits commissioners to two terms.  The terms of present commissioners who have served that length of time now will end in 90 days.  This will eliminate 5 of the 9 current commissioners-- those who have the most experience. The bill also calls on the Comptroller General to submit a wide-ranging evaluation of USCIRF within one year, including an examination of the relationship between the agency and the State Department's Ambassador at Large for International Religious Freedom.

UPDATE: Chairman Leonard Leo will apparently not be subject to the 90 day end of term requirements because, while he has been reappointed for a third time, his first appointment was not for a full term. This posting originally reported that, but briefly reflected the view that 6 members were affected when that was widely reported elsewhere.

New Jersey Court Awards Church Property To Parent Body; Congregants Locked Out For Christmas

The North Jersey Record reports that last week a New Jersey state Superior Court judge ruled that the property of the Community Church of Paramus belongs to the Metropolitan District of the Christian and Missionary Alliance, the church's parent body.  In 2009, the Alliance determined that the Paramus church should close because of declining membership, lack of leadership and financial difficulties. That triggered a clause in the Alliance's constitution that called for the church's property to revert to the Metropolitan District.  Community Church has owned its property since 1929. In 1996 it voted to join the Alliance, but amended its Constitution to reflect that only in 2000.  The court apparently concluded that the 1996 date was the crucial one that prevented the congregation from availing itself of a provision in the Alliance constitution that allows churches affiliated less than 10 years to reject the reversion clause. The Metropolitan District filed suit last year claiming that it was entitled to the property, and last week the court issued an order granting it possession and barring defendants from entering or occupying the property.  On Wednesday of this week, the Metropolitan District changed the locks on the church doors, locking the members out of their planned Christmas worship services. Deacon Peter Ferriero, upset with the decision, said: "We believe in the Lord and we believe this is a battle to expose the Christian and Missionary Alliance, how really what they're doing is stealing."

Defense Authorization Bill Passes With Conscience Protection For Chaplains

Bloomberg reports that Congress yesterday gave final approval to HR 1540, the 2012 National Defense Authorization Act. (Full text of Conference Report.) The bill now goes to the President for his signature. Section 544 of the bill provides:

A military chaplain who, as a matter of conscience or moral principle, does not wish to perform a marriage may not be required to do so.

The section responds to concerns by some that, with the end of "Don't Ask, Don't Tell" in the military, chaplains may be pressured to perform same-sex marriages.  As reported by Mother Jones earlier this week, House Armed Services Committee Chairman Buck McKeon failed in his efforts to include in the bill a total ban on military chaplains performing same-sex marriages.

1st Amendment Prevents Applying Anti-Stalking Law To Harassment of Religious Leader On Twitter

In United States v. Cassidy, (D MD, Dec. 15, 2011), a Maryland federal district court held that the First Amendment's protection of free expression precludes applying the federal anti-stalking statute (18 USC 2261A(2)(A)) to defendant's criticism of a Buddhist religious leader through his blog and through some 8,000  postings on Twitter. The Tweets criticize religious leader Alyce Zeoli and her Buddhist sect. Some involve threats directed at Zeoli. As reported yesterday by the New York Times, the government's indictment alleged that the anti-stalking statute was violated because the postings caused Zeoli substantial emotional distress. In striking down the statute as applied, the court pointed out that Zeoli is "an easily identifiable public figure that leads a religious sect." Many of the Tweets and postings related to the beliefs of her sect and her qualifications as a leader. "Thus this statute sweeps in the type of expression that the Supreme Court has consistently tried to protect."  The court emphasized that no one is forced to see what is posted by another person on a blog or Twitter.  According to the court: "This is in sharp contrast to a telephone call, letter or e-mail specifically addressed to and directed at another person, and that difference ... is fundamental to the First Amendment analysis in this case."

Suit Challenges Teacher's Reaction To Student's Anti-LGBT Beliefs

The Thomas More Law Center announced yesterday that it has filed a federal lawsuit against the Howell, Michigan Public School District on behalf of a high school student whose teacher removed him from class after he defended his Catholic religious views on homosexuality.  The complaint (full text) in Glowacki v. Howell Public School District, (ED MI, filed 12/14/2011) alleges that defendants violated plaintiff's free expression and equal protection rights.

Oct. 20, 2010 was Spirit Day at Howell High School-- an “anti-bullying” day on which students and faculty wear purple to stop homophobia.  The complaint alleges that "the purpose of the 'anti-bullying' day ... was to indoctrinate students into believing that homosexuality is normal and to shift the blame for the destructive lifestyle of homosexuals to those who believe it is wrong and immoral."

Plaintiff's run-in with his teacher began after the teacher told a female student wearing a Confederate flag belt buckle to remove it because it was offensive. Plaintiff raised his hand and asked the teacher why it was permissible to display a rainbow flag in support of LGBT rights that is offensive to some, but not a Confederate flag. The teacher asked plaintiff whether he supported gays, and plaintiff replied that his religion does not accept homosexuality.  The teacher, it is alleged, told plaintiff that his religion was wrong, and ordered him out of the classroom.

New York's High Court Rejects Suit By Former Parishioners Challenging Church Demolition

Section 5 of New York's Religious Corporations Law calls for approval by "members" of the corporation of certain decisions by the trustees of a religious corporation on use of the organization's property. In Blaudziunas v. Egan, (NY Ct. App., Dec. 13, 2011), former parishioners who objected to the Archbishop's decision to close their church and demolish it sued to enjoin the demolition.  They claim that under Section 5, the decision to demolish the church building must be authorized by the parishioners, who they claim are "members" of the church corporation. New York's highest court disagreed, calling that argument "unavailing." The court concluded that: "Pursuant to the by-laws, parishioners are members of the ecclesiastical body — not members of a corporation. Such status does not confer upon them the rights and duties as members of the religious corporation."

Azerbaijan Tightens Control Of Religious Activities

Forum 18 reports that on December 12, Azerbaijan's president signed into law amendments to the country's Criminal Code and Administrative Code that  increase the penalties for violation of various religious censorship laws and add new restrictions on religious practices. Distributing religious literature that has not been cleared by the state is now punishable by up to 2 years in prison and a fine of up to the equivalent of $8900 (US). Distribution of religious literature by foreigners has now been outlawed, as has sending citizens abroad to study religion without permission of the state. A new provision in the Administrative Code prohibits citizens who have gained their religious education outside of Azerbaijan from carrying out religious rituals and ceremonies of Islam. Numerous other changes are included in the new amendments as well. These changes are the 14th set of amendments to the religion laws in Azerbaijan since 2001.

Today Is Bill of Rights Day and Human Rights Week

Today is Bill of Rights Day, celebrating the 220th anniversary of the adoption of the U.S. Constitution's Bill of Rights-- including the First Amendment.  President Obama last week issued a Proclamation marking the occasion.    This week is also Human Rights Week, and Dec. 10 was Human Rights Day-- both marking the adoption in 1948 by the United Nations General Assembly of the Universal Declaration of Human Rights. The President also issued a Proclamation last week marking these observances.

State Department Hosts Conference On Implementing U.N. Freedom of Religion Resolution

As previously reported, in March the United Nations Human Rights Council, in a major policy shift encouraged by Western nations, unanimously adopted Resolution 16/18 on Freedom of Religion or Belief which omits any reference to the concept of "defamation of religion" and instead focuses on the individual's right to freedom of belief. On Monday, the U.S. State Department followed up on this by hosting the first implementation meeting of the Istanbul Process for Combating Intolerance and Discrimination based on Religion or Belief. (State Dept. Press Release). Speaking on the opening day of the 3-day meeting (full text of remarks), Ambassador-at-Large for International Religious Freedom Suzan Johnson Cook said in part:

We know that some people distort various religious doctrines to justify intolerance, foment violence, or create strife that serves their narrow political purposes. We must denounce offensive speech whenever we encounter it – but our commitment to universal principles makes clear that faith must never be a crime and religion must never be used as an excuse to stifle freedom of expression.

The meeting has been strongly criticized by some, such as this American Thinker article and this op-ed by Jonathan Turley, fearing it will further the "defamation of religion" agenda of the Organization of the Islamic Conference. Secretary of State Hillary Rodham Clinton responded to this criticism in part of her remarks at the State Department implementation meeting yesterday (full text):

Now I know that some in my country and elsewhere have criticized this meeting and our work with all of you. But I want to make clear that I am proud of this work, and I am proud to be working with every one of you. And I believe that this work is an affirmation of America’s values, but equally important an affirmation of universal values. Because we nor – no country individually has a monopoly on the truth, and we will do better when we live in peace with each other, when we live with respect and humility, and listen to each other. And it is important that we recognize what we accomplished when this resolution ended 10 years of divisive debate where people were not listening to each other anymore.

Now we are. We’re talking. We have to get past the idea that we can suppress religious minorities, that we can restrict speech, that we are smart enough that we can substitute our judgment for God’s and determine who is or is not blaspheming. And by bringing countries from around the world here, we are affirming our common humanity and our common commitment to defend and promote fundamental rights.

USCIRF Releases Report On Human Rights Violations In Sudan

Yesterday the U.S. Commission on International Religious Freedom released a report (full text) on the Sudanese government's violations of international human rights law in the Southern Kordofan and Blue Nile states that border the Republic of South Sudan.  Speaking at a press conference (full text of remarks), USCIRF Chairman Leonard Leo said that even after the Comprehensive Peace Agreement that led to the creation of South Sudan, President Omar al-Bashir is continuing to target people based on religion and ethnicity.

Court Says Defendant's Marijuana Use Was Not Religiously Motivated

In State of Idaho v. White, (ID App., Dec. 14, 2011), an Idaho state appeals court rejected defendant Cary White's claim that his marijuana use is protected by the Idaho Free Exercise of Religion Protected Act.  White's extensive testimony at an initial trial before a magistrate revealed both religious and non-religious reasons for his marijuana use. The magistrate concluded that; "White’s use of marijuana is more a matter of his belief in freedom, rather than a tenet of his religion." Reviewing that finding, the Court of Appeals concluded that:

there was substantial evidence for the magistrate to determine that, while White may have testified in a manner to link his marijuana use to legitimate religious beliefs and practices, this was more of an instance where he has utilized parts of various recognized religions “to meld into a justification for his use of marijuana” and did not ... establish a link between any recognized religious beliefs he may have and his marijuana use. Therefore, we conclude there was substantial and competent evidence to support the magistrate’s findings of fact that White’s marijuana use is not substantially motivated by a religious belief....

 Today's Idaho Statesman reports on the decision.

Florida Court Says Religious Freedom Amendment Ballot Language Is Misleading

Yesterday, a Leon County, Florida trial judge ruled off the 2012 ballot, at least temporarily, Florida's Amendment 7, the Religious Freedom Amendment.  In Shapiro v. Browning, (Cir. Ct. Leon Co. FL, Dec. 13, 2011), the court held that the a portion of the ballot summary language is ambiguous and misleading. The Amendment would repeal Florida's Blaine Amendment language that bars state aid to religious institutions and instead would permit religious institutions to participate in state programs on an equal basis with others. (See prior posting.) The language that the court found objectionable was the statement in the ballot summary that the amendment provides for participation in state programs by religious groups "consistent with the United States Constitution". In fact the amendment provides that the government may not deny participation to religious institutions "except to the extent required by the First Amendment."

The court's ruling however is subject to statutory mandate given to the state Attorney General to submit corrected revised ballot language within 10 days. (FL Stat. Sec. 101.161.)  The court upheld the constitutionality of the delegation of this authority to the Attorney General.  Yesterday's Palm Beach Post reports on the decision. [Thanks to FlaglerLive for the link to the decision.]

Scottish Parliament Passes Ban on Religious Hate Crimes and On Incitements At Football Matches

Yesterday Scotland's Parliament passed the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill by a vote of 64-57, according to BBC News.  As explained yesterday by The Guardian, the new law follows a series of sectarian threats and football-related violence earlier this year.

The full text of the final version of the new law is available online. It creates two new offenses.  First it bans incitement of public disorder based on hatred of a religious or racial group or on hatred relating to sexual orientation, nationality or disability. It covers such conduct at or while traveling to or from football matches.

Secondly, the new law more broadly bans threats of serious violence, or other threatening communications by a person intending to stir up hatred on religious grounds, whether or not related to football matches. However, a section designed to protect freedom of expression provides:

For the avoidance of doubt, nothing in section 5(5) prohibits or restricts— (a) discussion or criticism of religions or the beliefs or practices of adherents of religions, (b) expressions of antipathy, dislike, ridicule, insult or abuse towards those matters, (c) proselytising, or (d) urging of adherents of religions to cease practising their religions.

[Updated]

Reporter Follows Koshering of White House Kitchen For Hanukkah Reception

The Dining section of today's New York Times features an article titled Overnight Makeover for a Kosher First Kitchen. It reports on the several-hour frenzy of making the White House kitchen kosher so that food for the President's annual Hanukkah reception could be prepared there last week. (See prior related posting.) The article describes a "Lubavitch SWAT team of three rabbis and an intern."  At one point during the process, one of the rabbis "reviews a Hebrew passage from Shulchan Aruch, the venerable code of Jewish law. He finds it on his iPad."

Gingrich Iowa Staffer Resigns Over His Remarks About Mormonism

Yesterday's Des Moines Register reports that less than a week after he was hired, Newt Gingrich's political director for his Iowa campaign was forced to resign because of remarks he made about Mormons during a focus group in which he participated a day before he was hired. Craig Bergman told a focus group last Wednesday: "A lot of the evangelicals believe God would give us four more years of Obama just for the opportunity to expose the cult of Mormon. There’s a thousand pastors ready to do that." Both Mitt Romney and Jon Huntsman are Mormons.

Saudis Execute Woman Convicted of Sorcery

On Monday, according to an AP report, Saudi Arabia executed a woman who had been convicted of practicing magic and sorcery. Chief of the religious police, Abdullah al-Mohsen, said the woman had tricked people into thinking she could treat illnesses. She charged $800 per session for her services. (See prior related posting.)

Dutch Senate Unlikely To Concur In Ban On Halal and Kosher Slaughter

Last June, the lower house of Netherlands' parliament overwhelmingly passed a bill that effectively would ban kosher and halal slaughter of animals. The bill did so by eliminating a provision in current law that exempts ritual slaughter from the requirement that animals be stunned before they are killed. (See prior posting.) While at that time it appeared that the Dutch Senate would go along with the lower house, now, according to an AP report, support of several parties, including Netherlands' two largest, seems to have disappeared.  While the Senate vote on the bill will not take place until Dec. 20, yesterday the Senate debated the bill.  Senator Nico Schrijver said the Labour party now has "many questions," and suggested that animal welfare could better be improved by aiming at conditions in large-scale industrial slaughter houses rather than at the small number of  ritual slaughterers. The VVD party which holds the largest number of seats in Parliament also now seems unlikely to support the proposal. VVD senator Sybe Schaap argued that the bill reflects "ethical absolutism".

Suit Challenges Crosses On Public Property of Tennessee Town

The Freedom From Religion Foundation announced last week that it has filed a federal lawsuit against the town of Whiteville, Tennessee and its mayor, James Bellar, challenging under the Establishment Clause several crosses put up on public property. The complaint (full text) in Freedom From Religion Foundation, Inc. v. Town of Whiteville, Tennessee, (WD TN, filed 12/9/2011), recounts the sequence of events.  Initially FFRF complained about a cross that had been displayed on the town's water tower.  The mayor responded by merely removing one arm of the cross. (See prior posting.) At about the same time, the city installed two crosses in front of city hall and decorated them with Christmas wreaths. Also a cross was installed on a public sidewalk in front of the mayor's insurance company. Yesterday, Whiteville's mayor issued a statement (full text) criticizing the lawsuit. The mayor comments in part: "What is even more puzzling about this latest lawsuit is that this foreign company and its Nashville law firm have filed it in the federal court in Jackson, Tennessee, which abuts a public sidewalk on which sits government-owned light posts that, as we speak, are decorated by colorful banners depicting Christmas trees."

Mosque Dispute Dismissed Without Invoking Islamic Law

Last March, a Florida state circuit court judge issued a controversial order providing that Islamic law would be used in deciding whether to enforce an arbitration award between a mosque and certain trustees of the mosque who had been removed from office. (See prior posting.) Yesterday's Tampa Bay Times reports that now the same judge has dismissed the lawsuit on different grounds.  Circuit Judge Richard Nielsen held that the court cannot intervene in an internal church governance dispute. Underlying the mosque dispute is control over $2.2 million that the mosque received when some of its property was taken by the state for a road project.

UPDATE: Here is the full text of the court's opinion as well as of the parties' motions and arguments relating to dismissal of the suit. [Thanks to Volokh Conspiracy for the documents.]

Muslim Women Must Remove Veil For Canadian Citizenship Oath

The Vancouver Sun reports that Canada's Immigration Minister Jason Kenney last week announced a new rule that requires those being naturalized as Canadian citizens to show their faces while taking the citizenship oath.  This means that Muslim women will be required to remove full face veils during the naturalization ceremony.  Kenney explained the reasons for the new rule, which is effective immediately:

Requiring that all candidates show their faces while reciting the oath allows judges, and everyone present to share in the ceremony, to ensure that all citizenship candidates are, in fact, taking the oath as required by law. This is not simply a practical measure. It is a matter of deep principle that goes to the heart of our identity and our values of openness and equality.

EEOC Sues Nursing Home For Failing To Accommodate Jehovah's Witness Employee

The EEOC announced last week that it has filed a federal lawsuit against an Ann Arbor, Michigan nursing home, Whitehall Healthcare for failing to accommodate the religious needs of a Jehovah's Witness nursing assistant. The nursing home terminated the employee because of her need to have Wednesdays and Sundays off to attend religious services. The suit seeking damages and an injunction alleges that the nursing home violated Title VII of the 1964 Civil Rights Act.

Challenge To Governor's Day of Prayer Proclamation Dismissed On Standing Grounds

In Freedom From Religion Foundation, Inc. v. Brewer, (D AZ, Dec. 12, 2011), an Arizona federal district court dismissed an Establishment Clause challenge to the Arizona governor's proclaiming a "Day of Prayer."  The court held that plaintiffs lacked standing because they were not injured by the governor's proclamation, saying:

Plaintiffs provide affidavits to establish they turned off the television and altered conversational habits to avoid the topic of religion or the day of prayer....  Plaintiffs, however, do not explain why their alleged injury is different than injuries in other Establishment Clause cases in which the plaintiffs did not have standing, such as the President’s day of prayer proclamation. Essentially, Plaintiffs seek a ruling obliquely holding that injury sufficient to confer standing exists under the Establishment Clause where government action is covered in the news or the subject of a social conversation. The Court declines to depart from Establishment Clause case law on this ground. Plaintiffs have not shown injury beyond “stigmatic injury” or feeling like an “outsider.”

The East Valley Tribune reports on the decision.

Colorado Park District Bars Menorah, But Not Christmas Tree

The Evergreen, Colorado Park and Recreation District manages Lake House, a popular community gathering place on Evergreen Lake.  Lake House property however is owned by the city and county of Denver. A large evergreen tree outside Lake House had traditionally been decorated with Christmas lights. From 2005 to 2009, a Hanukkah Menorah was displayed in back of Lake House by a Jewish group. However, according to yesterday's Denver Post, this year the Recreation District has ruled that the Menorah may not be put up, invoking a rule of the Denver Parks and Recreation Department that bars religious decorations on public property. Under Supreme Court precedents, a Menorah is considered religious, while a Christmas tree is not. [Thanks to Patrick Gillette for the lead.]

North Korea Warns South Against Christmas Tree Towers At Border

BBC News reported Sunday that Christmas tree shaped towers have become the latest point of contention between North and South Korea. A tree shaped 30 meter high steel structure illuminated by thousands of small lights had traditionally been set up by South Korea on Aegibong hill, two miles from the North Korean border. However when relations between the two Koreas began to thaw in 2003, the tradition was ended.  Tensions between North and South began to grow again last year, and last December South Korea again lit the tree amidst tight security.  This year, South Korea plans to again light the tree shaped tower and to also allow Christian organizations to light two additional towers along other parts of the border. However a North Korean state-run website warns the South of "unexpected consequences" if it goes through with the planned Dec. 23 tree lightings.  North Korea said the trees would amount to a form of psychological warfare.

White House Website Announces Holiday Theme For 2011

The White House website now includes a 2011 Holidays at the White House page featuring photos of White House holiday decorations and blog posts relating to the holiday season. The introductory paragraph reports:

Our theme for this 2011 holiday season is "Shine, Give, Share," which offers an opportunity to pay tribute to our troops, veterans, and their families throughout the White House. This year, the official tour features 37 Christmas trees, 30 are natural trees and 7 are made from paper, felt or aluminum; a gingerbread model of the White House made of 400 pounds of gingerbread, white chocolate and marzipan plus 5 different representations of First Dog Bo Obama. Volunteers from 36 states plus the District of Columbia worked for days to get everything ready.

The White House announced that last week it had sponsored a special holiday "tweetup" for 150 followers of the White House Twitter feed from around the country. The group tweeted during the tour, sharing what they saw and heard.

Texas Approves Christian Themed Specialty License Plate

According to the Austin (TX) American-Statesman, on Thursday the Texas Department of Motor Vehicles governing board, by a vote of 4-3, approved a specialty license plate displaying 3 Christian crosses on a hill and the motto "One State Under God."  A portion of the fees from the specialty plate will go to a Nacogdoches (TX) ministry to support a youth ministry program. In a press release Thursday, the Texas Freedom Network (TFN) criticized the Department's approval of the new "Calvary Hill" specialty plate. Rev. Dr. Larry Bethune, a TFN board member, said that the design trivializes the Christian faith by turning it into "slogans and symbols on the back of a bumper." [Thanks to Alliance Alert for the lead.]

Recent Articles of Interest

From SSRN:

• Nathan B. Oman, How to Judge Shari'a Contracts: A Guide to Islamic Marriage Agreements in American Courts, (Utah Law Review, Vol. 2011, No. 1, p. 287, 2011).
• Douglas NeJaime, Marriage Inequality: Religious Exemptions and the Production of Sexual Orientation Discrimination, (California Law Review, Forthcoming).
• Kishor Kunal, Freedom of Religion in Secular State, (December 6, 2011).
• Munir Ahmad Mughal, English Translation of Ibn Hashsham's Siratun-Nabi (Peace Be Upon Him), (December 11, 2011).
• Steven Aiello, 'Islam and Social Justice in Iran': The Merging of Economic, Political and Religious Dogmas in the Iranian Revolution, (December 6, 2011).
• Jeffrey A. Parness, Statutory Parenthood for Same-Sex Partners, (Illinois Bar Journal, Vol. 99, p. 636, December 2011).
• Mohammed Khnifer, Goldman Sachs Claims that its $2 billion Sukuk Programme Follows a Murabaha Structure, Mohammed Khnifer Claims Otherwise – That it's Nothing More than Areverse Tawarruq,(December 6, 2011).

Court Upholds Church's Firing of Pre-School Director For Living With Boyfriend

In Henry v. Red Hill Evangelical Lutheran Church of Tustin, (CA App., Dec. 9, 2011), a California appeals court upheld a church's firing of its pre-school director for living with her boyfriend and raising their child together without being married-- living arrangements that were contrary to the religious beliefs of the church.  The court summarized its holdings as follows:

(1) Henry‟s claim of wrongful termination under the FEHA [California Fair Employment and Housing Act] is barred because the church does not qualify as an “employer” under the FEHA; (2) Henry‟s employment was terminated for religious reasons for which the church and school are exempt under title VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e et seq. (Title VII)); and additionally, (3) her claim for wrongful termination in violation of public policy is barred by the ministerial exception.

Recent Prisoner Free Exercise Cases

In Mitchell v. Texas Department of Criminal Justice, 2011 U.S. Dist. LEXIS 139638 (ND TX, Dec. 3, 2011), a Texas federal magistrate judge dismissed claims by a Sunni Muslim inmate that his rights under the 1st Amendment and RLUIPA were infringed when he was disciplined for failing to keep a medical appointment at the end of Ramadan.

In Lemcool v. Pool, 2011 U.S. Dist. LEXIS 139535 (ND FL, Dec. 3, 2011), a Florida federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 139536, Nov. 1, 2011) and dismissed complaints by a Wiccan inmate that she was refused 3-ring binders for religious writings, and that Tarot cards were limited to the chapel. However it refused to dismiss for lack of exhaustion a claim that she was not provided opportunities to celebrate Sabbat and Esbats.

In LeCompte v. Ricci, 2011 U.S. Dist. LEXIS 140586 (D NJ, Dec. 7, 2011), a New Jersey federal district court rejected a inmate's 1st Amendment and RLUIPA challenges to disciplinary action taken against him for establishing a business and providing false information to government agencies to conceal that some of those involved were incarcerated. The inmate claimed the business was an Islamic charity intended to assist at-risk women.

In Isbell v. Ryan, 2011 U.S. Dist. LEXIS 140469 (D AZ, Dec. 6, 2011), an Arizona federal district court permitted an Asatru inmate seeking a lacto-vegetarian diet to proceed with 1st Amendment and RLUIPA claims against several named defendants, finding that there remains a dispute as to whether the inmate's request was based on a sincerely held religious belief. The court said that sincerity of belief does not turn on objective knowledge of a religion. Nor is the centrality of a belief to the religion relevant to the free-exercise claim.

In McMichael v. Pallito, 2011 U.S. Dist. LEXIS 138124 (D VT, Dec. 1, 2011), a Vermont federal district court adopted a magistrate's recommendations (2011 U.D. Dist. LEXIS 140907, Oct. 24, 2011) and rejected an inmate's claim that delay in furnishing him a diet consistent with his Muslim beliefs infringed his free exercise rights.

In Thomas v. Taylor, 2011 U.S. Dist. LEXIS 141625 (SD IL, Dec. 9, 2011), an Illinois federal district court dismissed a complaint by a Muslim inmate who, while furnished a vegetarian diet consistent with his beliefs, instead wanted access to the kosher diet plan.

NYT Says Strong Al Nour Showing In Egypt Stems From More Than Religious Concerns

Today's New York Times carries an interesting analysis of why Egypt's conservative Muslim Salifist Al Nour Party was so successful in the first round of Parliamentary elections:

their appeal may have as much to do with anger at the Egyptian elite as with a specific religious agenda. The Salafis are a loose coalition of sheiks, not an organized party with a coherent platform, and Salafi candidates all campaign to apply Islamic law as the Prophet Muhammad did, but they also differ considerably over what that means. Some seek within a few years to carry out punishments like cutting off the hands of thieves, while others say that step should wait for the day when they have redistributed the nation’s wealth so that no Egyptian lacks food or housing.

But alone among the major parties here, the Salafi candidates have embraced the powerful strain of populism that helped rally the public against the crony capitalism of the Mubarak era and seems at times to echo — like the phrase “silent majority” — right-wing movements in the United States and Europe.

Israeli Bus Company Fined After Driver Enforces Sex Segregation

In Israel on Wednesday, the Rishon Lezion Magistrate Court fined Egged, Israel's largest bus company, the equivalent of $1,070 (US) for requiring a woman passenger to sit in the back of the bus while the bus traveled through a Haredi (strictly Orthodox) neighborhood.  According to JTA, a driver told the passenger (an Orthodox woman who objected to sitting in the back) that only the rabbis decide whether a bus route is segregated or not. Egged issued a statement saying that the driver was not reflecting the company's views. Last January, Israel's High Court of Justice ruled that while sex-segregated buses serving strictly Orthodox communities could continue on a strictly voluntary basis, a bus operator may not request or order a woman to sit in the back of the bus. (See prior posting.)

White House Hosts Hanukkah Reception

As reported by Haaretz, the White House yesterday hosted its annual Hanukkah reception, with President Obama, Vice President Joe Biden and their wives in attendance along with some 550 guests. In his remarks (full text), the President, after noting the reception was a bit early this year, said in part:

This year, we have to recognize the miracles in our own lives.  Let’s honor the sacrifices our ancestors made so that we might be here today.  Let’s think about those who are spending this holiday far away from home -– including members of our military who guard our freedom around the world.  Let’s extend a hand to those who are in need, and allow the value of tikkun olam to guide our work this holiday season.

This is also a time to be grateful for our friendships, both with each other and between our nations.  And that includes, of course, our unshakeable support and commitment to the security of the nation of Israel.

Yahoo! News has additional photos of the reception.

9th Circuit Hears Arguments In California Proposition 8 Case

AP reports that yesterday the U.S. 9th Circuit Court of Appeals heard two sets of arguments on different aspects of Perry v. Brown, the case challenging the constitutionality of California's Proposition 8 that barred same-sex marriage in the state. One set of arguments (audio of arguments) focused on whether now-retired Judge  Vaughn Walker who presided over the district court trial should have disclosed that he was in a long-term relationship with a male partner, arguably a fact bearing on his impartiality in deciding the case. The second set of arguments (audio of arguments) dealt with whether the court should unseal video recordings of the trial made by Judge Walker.

Egyptian Military Moves To Limit Influence of Islamists On New Constitution

AP reported Wednesday that Egypt's ruling military leaders, concerned with the strong showing by Islamic parties in the first round of parliamentary elections, have decided to appoint a new council to assure that the 100-member constituent assembly appointed to draft a new constitution will be representative of all religions, professions, and political parties. In response to a question, Gen. Mukhtar Mulla agreed that this move is designed to limit the influence of Salafis who want to impose strict Islamic law in Egypt. AFP reports that the Muslim Brotherhood, objecting to the move, says the army is trying to marginalize Parliament in the writing of the new constitution.

Kazakhstan Muslim Students Plan To Sue Over Hijab Ban

Radio Free Europe reports today that in Kazakhstan, 8 female Muslim students plan to sue Saqtaghan Baishev University because it refuses to allow them to attend classes wearing hijabs (head scarves). The University says that its regulations are consistent with Kazakhstan's recently-enacted Law on Religions and Religious Organizations.  Attorneys for the students say the University's regulations violate Kazakhstan's constitution which guarantees citizens the right to freely practice their religion.

Group Seeks Input On Tax Issues Relating To Religious Non-Profits

Last January, the Evangelical Council for Financial Accountability at the request of Iowa Senator Chuck Grassley, ranking member of the U.S. Senate Finance Committee, formed an independent national commission to study accountability and policy issues affecting churches and religious organizations. (See prior posting.) Yesterday that commission, the Commission on Accountability and Policy for Religious Organizations, announced that it has added a public input page to its website.That page asks members of the public for input on 17 separate issues relating to taxation of churches and conditions imposed on religious organizations claiming non-profit tax status.

Controversy Over Nativity Scene In Texas Town

This year it is in the small town of Athens, Texas that a controversy over a nativity scene on public property has erupted.  KYTX News reported yesterday that the Keep Athens Beautiful Committee decorates downtown Athens with reindeer, Santa, carolers, a Christmas tree and a nativity scene. The Freedom from Religion Foundation has objected, but County Judge Richard Sanders says the display is legal because it includes secular as well as religious elements. FFRF alternatively wants to put up its own sign reading in part: "There are no gods, no devils, no angels, no heaven or hell."  County Commissioner Joe Hall says he will fight to keep the nativity scene, declaring: "This nation is a Christian nation regardless of what those fruit loops and fruitcakes in Washington D.C. say. Hell will freeze over before I vote to have it removed."

Tennessee School Board Agrees To Settlement In Challenge To Religious Practices

The ACLU of Tennessee announced yesterday that the Sumner County (TN) Board of Education has agreed to enter into a consent decree in a lawsuit charging that the Sumner County schools have engaged in a pattern of promoting religion. (See prior posting.) The proposed Consent Decree (full text) in ACLU of Tennessee v. Sumner County Board of Education is summarized by the ACLU as follows:

school officials can no longer promote their personal religious beliefs to students.  Religious symbols and items may not be displayed in a place publicly visible to students.  Teachers may supervise student clubs but can no longer participate in their activities and school officials cannot encourage or solicit prayer at school functions.  School events may not be held in religious venues except under certain limited conditions and the schools can no longer take field trips to religious sites.  Only family members will be permitted to visit schools at lunchtime.  Groups wishing to distribute materials to students, such as members of Gideons International, must do so in a neutral way, minimizing contact with students and no groups will be given preferential access to students.  Non-religious clubs shall not have “chaplain” positions and all course materials and choral music must have a clear pedagogical purpose.

The Tennessean, reporting on the settlement said school officials emphasized that under it students will still be able to pray at school, study the Bible during lunch breaks, organize religious clubs, wear religious jewelry and hold See You At the Pole prayer events so long as teachers do not participate in or lead the activity.

Canada's High Court Hears Arguments Over Whether Muslim Witness Can Wear Full-Face Veil

The National Post reports that yesterday the Supreme Court of Canada heard oral arguments in a case raising the issue of whether a Muslim woman who is alleging childhood sexual abuse by her cousin and her uncle should be allowed to testify wearing a full-face veil. An Ontario court ordered the woman during a preliminary hearing to remove her niqab.  The Globe and Mail captures the flavor of the argument:

There was no mistaking the impatience in Supreme Court of Canada Justice Morris Fish’s voice when he demanded the name of a single lawyer who would willingly cross-examine a witness whose face was concealed by a veil.

“Some blind lawyers that I know,” responded David Butt, counsel to the sexual assault complainant seeking to testify from behind an Islamic niqab....

It was that kind of day at the landmark hearing, where the court must determine whether religious ritual and observance can trump the right of an accused to a fair trial. Judges clashed repeatedly with lawyers who sought to rank one right ahead of the other – particularly Mr. Butt.

The judges questioned not only the fairness of allowing the defendant, N.S., to hide her facial expressions during cross-examination, but whether two diametrically opposed rights can ever be reconciled.

USCIRF Takes Formal Steps To Prepare To Close Down

As previously reported, the U.S. Commission on International Religious Freedom is now scheduled to go out of business on Dec. 16.  Under Sec. 209 of the International Religious Freedom Act, the Commission was originally scheduled to terminate on Sept. 30. However two continuing resolutions have temporarily extended its life while a House-passed 2-year re-authorization bill (HR 2867) has been awaiting passage in the Senate. However the Senate has not acted, apparently because of a "hold" placed on the bill by Senate majority whip, Sen. Richard Durbin (D-Ill.).  According to a report last month in CQ Weekly, the hold stems from a dispute over an entirely unrelated matter.  Durbin wants Congress to appropriate funds for the federal government to buy up an unused maximum-security prison in his district in Illinois and turn it into a federal facility.  Rep. Frank R. Wolf (R-VA), the sponsor of the USCIRF re-authorization bill, is currently chair of the House Appropriations Commerce-Justice-Science Subcommittee that is responsible for funding federal prisons.

Now that it appears increasingly unlikely that USCIRF's life will be extended beyond Dec. 16, the Government Services Administration has notified the Commission that it must take steps to prepare for closure of the agency.  In response USCIRF has adopted a Resolution (full text) authorizing the archiving of records and steps to close the agency in compliance with federal law if a last minute extension is not enacted.  Copies of the Resolution were sent to the President, the Secretary of State and all members of Congress.  CNS News yesterday reported on these developments. [Thanks to Pew Sitter for the lead.]

Lawyer, Client Face Sanctions For Anti-Catholic Statements In Legal Memorandum

The St. Paul (MN) Pioneer Press reports that U.S. Bankruptcy Judge Nancy Dreher yesterday issued show-cause orders to attorney Rebekah Nett and her client Naomi Isaacson threatening to impose sanctions on them for bigoted anti-Catholic statements contained in a legal memorandum they filed with the court last month. The memorandum was written by Isaacson, but signed by Nett. It called Judge Dreher, another judge and two bankruptcy trustees "dirty Catholics" and said the courts are "composed of a bunch of ignoramus, bigoted Catholic beasts that carry the sword of the church." It accused one of the bankruptcy trustees of being "a Jesuitess" with a "track record of lies, deceit, treachery and connivery." In all, Judge Dreher cited 10 passages containing religious slurs, allegations of conspiracy and the like that were included in the memorandum. A hearing is scheduled for Jan. 4 for Nett and Isaacson to show cause why they should not be fined up to $10,000 each and be ordered to write public apologies. The court is also proposing that attorney Nett be required to attend at least 30 hours of ethics training.

UPDATE: The Catholic League for Religious and Civil Rights announced on Dec. 9 that it is filing a formal complaint against attorney Rebekah Nett with the Minnesota Office of Lawyers Professional Responsibility Board and a formal grievance against her with the Wisconsin Office of Lawyer Regulation.

UPDATE2: The St. Paul Pioneer Press reported on 12/14 that Naomi Isaacson's filings in response to the court's show cause order contain "even more religious slurs than the one prompting the judge's warning."

Fired Muslim Drivers Sue Car Rental Company For Religious Discrimination

AP reports that in Seattle, Washington yesterday, 25 Somali Muslims who previously worked as drivers for Hertz Corp. at the Seattle-Tacoma International Airport have filed a state court lawsuit charging religious discrimination. Hertz fired the drivers when they refused to clock out for their daily prayer breaks. As previously reported, apparently Hertz originally agreed they would not need to clock out, but changed that policy when a number of the drivers failed to return promptly after their prayers.

Coalition Seeks Information On Faith-Based Hiring By Federal Grantees

The Coalition Against Religious Discrimination (CARD) is a group of over 50 religious, civil rights and public policy organizations that has been encouraging the Obama administration to require all recipients of federal grants and contracts to observe a strict non-discrimination policy in hiring for positions funded with federal dollars.  However, despite statements supporting non-discrimination President Obama has not rescinded Executive Order 13279 issued in 2002 by President George W. Bush permitting religious organizations that receive federal funds to use religious criteria in their hiring. (See prior posting.) Joshua DuBois, head of he White House Office of Faith-Based and Neighborhood Partnerships has said that the question of whether a grantee may engage in faith-based hiring is being handled on a case-by-case basis. So yesterday, according to a press release from Americans United, CARD wrote identical letters (full text) to the Faith-Based Partnership Office in each of over a dozen federal departments and agencies seeking more information on this case-by-case approach.  The letters ask for details of the review process, the criteria applied and the facts and results in each case.

6 Republican Candidates Address Republican Jewish Coalition

Six Republican presidential candidates addressed the Republican Jewish Coalition in Washington, D.C. yesterday.  Candidate Ron Paul was not invited by the RJC because of his views on Israel, though Paul says those views are being characterized unfairly. (CNN report.)  Videos of the address by each of the six candidates are available from this page on C-Span's website. The candidates focused heavily on U.S. policy toward Israel and the threat to Israel and the U.S. of a nuclear Iran. Reporting on the candidate forum, the New York Times said:

One reason Republicans seek to sound serious on Israel is to appeal to evangelical Christians who make up large portions of the Republican primary voters in South Carolina and the caucusgoers in Iowa. Down the road, they also know that Jewish voters are critical to victory in general election swing states like Pennsylvania and Florida.

But just as the candidates have staked out hard positions on Israel, they have also moved to the right on other issues, a shift that Democrats say calls into question their appeal to a wide swath of Jewish voters.

New Rick Perry Ad Attacks Obama on Religion

Candidate Rick Perry released an 30-second ad today attacking what he called "Obama's war on religion." In the ad, he says:

I’m not ashamed to admit that I’m a Christian, but you don’t need to be in the pew every Sunday to know there’s something wrong in this country when gays can serve openly in the military but our kids can’t openly celebrate Christmas or pray in school.

As president, I’ll end Obama’s war on religion. And I’ll fight against liberal attacks on our religious heritage.

Faith made America strong. It can make her strong again.

The Washington Post's report on the ad carries the full text and the video of the ad. CBS News reports on criticism of the ad by the Log Cabin Republicans, a group that represents the interests of gay and lesbian Republicans.  The Perry ad was also strongly criticized by the Interfaith Alliance and and the Human Rights Campaign.