Catholic Church In Sudan Torched By Several Hundred Muslims

AP reports that in Khartoum, Sudan today, a mob of several hundred Muslims set fire to a Catholic church that is attended by South Sudanese living in the north and by Ethiopian refugees. Fire engines were unable to extinguish the fire in the church, that is part of a complex that also houses a school and dormitories.  While the church is located on a disputed parcel of land, the attack apparently was triggered by the hostilities between Sudan and South Sudan over the oil town of Heglig on the disputed border between mostly Muslim Sudan and largely Christian and animist South Sudan which became an independent country last year.

National Catholic Prayer Breakfast Speakers Focus On Religious Liberty Threats

The National Catholic Register reports on the sense of urgency about threats to religious liberty expressed by speakers at Thursday's National Catholic Prayer Breakfast in Washington, D.C.  Keynote speaker, Archbishop Francis Assisi Chullikatt, current permanent observer of the Holy See to the United Nations, spoke of threats of persecution of Christians in Iraq and Egypt, and then drew a parallel to the situation in the U.S.:

While nobody would confuse the marginalization of religion with the actual killing of Christians in other parts of the world, it is through this marginalizing that violent persecution is born.

Knights of Columbus head, Carl Anderson reflected a similar theme, saying:

I venture to say that never in the lifetime of anyone present here has the religious liberty of the American people been as threatened as it is today.

Also speaking, Mother Agnes Donovan, superior general of the Sisters of Life, said:

We face a summons to action in response to a global and national reality that we are reluctant to perceive: Christians as the object of open persecution.

Charles Colson, Watergate Offender Turned Evangelist, Dies At Age 80

Charles Colson, a key figure in the Nixon White House Watergate scandal died today at the age of 80.  After serving a prison term for his role in the burglarizing of the psychiatric files of Daniel Ellsberg who had leaked the Pentagon Papers to the media, Colson became an influential evangelical Christian.  As Time reports in his obituary today:

Colson would turn incarceration into resurrection. Seeing the conditions of his fellow prisoners, he would be inspired to start Prison Fellowship shortly after he regained his freedom to evangelize the inmates of America's penitentiary system.... 

As the years went by, Colson would use his celebrity as one of America's most famous redeemed sinners to crusade for prison reform — as well as buttress the country's burgeoning evangelical movement, which was finding its political legs in the 1980s. Among evangelicals and conservative Christian groups, he became a fount of carefully worded argument, without the bombast and grandstanding of politically-ambitious preachers, even as he defended the same positions on evolution and abortion, same-sex marriage and the use of the Bible in public schools. In 2009, he started the Chuck Colson center, an online research site that he calls "the Lexis-Nexis of resources on the Christian worldview." Colson was key to forming an amalgam of conservative Christian principles that would come together as an ecumenical political front of great potency.

British Court Upholds Ban On Radio Ad To Be Run By Christian Station

In London Christian Radio Ltd. v. Radio Advertising Clearance Centre, (EWHC, April 20, 2012), Britain's High Court (Queen's Bench Division) for England and Wales held that the ban on political advertising on radio broadcasts imposed by Communications Act 2003 (Secs. 319 and 321) does not infringe a Christian radio station's free expression rights protected by Art. 10 of the European Convention on Human Rights. The Radio Advertising Clearance Centre refused to clear an ad that was to be run by the station seeking information from listeners on marginalization of Christians in the workplace. The court found the ad to come within the ban since it was aimed at influencing public policy or bringing about changes in the law. In reaching its decision, the court said:

It must be stressed that it has not been suggested in any way that the stance of the Secretary of State is in any way anti-Christian or that his reasoning would not apply to any other religion. Indeed nothing in this judgment is meant to preclude advertisements by bodies such as the claimants in, for example, newspapers.

Today's London Guardian reports on the decision.

Anti-Semitic Comments Against Non-Jew Actionable Under New Jersey Anti-Discrimination Law

In Cowher v. Carson & Roberts, (NJ App., April 18, 2012), a New Jersey state appellate court held that a truck driver formerly employed by defendant site construction company had a cause of action under New Jersey's Law Against Discrimination (NJSA 10:5-12a) for anti-Semitic comments directed at him on a daily basis for over a year, even though plaintiff in fact was not Jewish.  Defendants inaccurately thought that plaintiff was Jewish, The court held:

if plaintiff can demonstrate that the discrimination that he claims to have experienced would not have occurred but for the perception that he was Jewish, his claim is covered by the LAD.

The court also held that, because the goal of the statute is to change conduct, in determining whether defendants' comments created a hostile work environment:

although plaintiff is not Jewish, the proper question in this case is what effect would defendants' derogatory comments have on a reasonable Jew, rather than on a reasonable person of plaintiff's actual background.

[Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.] 

Pakistan Supreme Court Resolves Dispute Over Hindu Women's Conversions

The New York Times  and the Times of India reported from Pakistan Wednesday on the surprise outcome in the case of three Hindu women who converted to Islam in order to marry their husbands. In cases widely followed in Pakistan, the Pakistan Hindu Council petitioned the court claiming that the women were forced to convert. Last month Pakistan's Supreme Court intervened in the cases and ordered the women sequestered for three weeks so they could decide, without pressure, what they wanted to do. Then in a hearing on Wednesday, the Court told the women that they were free to go wherever they chose, and would get police protection. The women were then taken to the court registrar's office-- without any relatives accompanying them-- so that they could each make a statement in private as to their wishes. Each of the women chose to remain Muslim and go with her new husband. The court ordered officials to report in two weeks on implementation of the order to honor the women's decisions. However, the women's parents, backed by Hindu law makers, were not satisfied with the outcome.

Complaint Filed With IRS Over Homily By Catholic Bishop

Americans United announced yesterday that it has filed a formal complaint (full text) with the Internal Revenue Service alleging that the Roman Catholic Diocese of Peoria, Illinois has violated rules barring tax exempt organizations from supporting or opposing candidates in political elections.  The complaint focuses on an April 14 homily (full text) by Bishop Daniel R. Jenky (later reprinted in The Catholic Post) in which Jenky compares President Obama's attitude toward churches with those of Hitler and Stalin. The complaint says that moments after making the comparison, Jenky urges Catholics not to vote for candidates who fail to uphold Catholic values. The complaint goes on: "It is impossible to interpret this as anything but a command to vote against Obama." The Diocese has issued an additional statement explaining Bishop Jenky's remarks.

MRFF Says Marines Nickname of Unit As "Crusaders" Violates Establishment Clause

MSNBC reported Wednesday that the Military Religious Freedom Foundation has sent a letter (full text) to the Secretary of the Navy and Commandant of the Marine Corps objecting to a commanding officer's decision last month to reinstate the name "Crusaders" as the label for Marine Fighter Attack Squadron 122. The squadron has also adopted a new logo to go along with the name change-- a red cross on a white shield similar to that of the Knights Templar in the Middle Ages. The squadron previously used the name Crusaders up until 2008, when it was changed to "Werewolves" because of the negative connotation of "Crusaders ' in Islamic and Arab countries. The demand letter sent by MRFF's counsel argues that the the new name conveys a "loud and clear" message of religious endorsement in violation of the Establishment Clause. It seeks assurances that the Marines will cease using the Crusader moniker and related imagery.

Fired Muslim IHOP Managers Sue Claiming Discrimination

The Fort Worth Star-Telegram reports that on Tuesday, four former managers of IHOP restaurants in the Dallas-Ft. Worth area filed suit in federal district court claiming they were fired because of their Muslim religion and Arab ancestry. The four were long-time employees of Anthraper Investments, the franchisee-owner of IHOP restaurants in four communities. Plaintiffs claim that their problems began when the owner's son moved from Ohio to take over operation of the Texas restaurants. The son made derogatory remarks to the managers.  The four were fired in 2010 and replaced by white, non-Muslim employees.  The suit seeks back pay, front pay and other damages.

5th Circuit: Social Security Survives Free Exercise and Establishment Clause Challenge

In Hamner v. United States, (5th Cir., April 18, 2012), the U.S. 5th Circuit Court of Appeals rejected claims brought by a pro se plaintiff that the Social Security Act violates the free exercise and establishment clauses of the 1st Amendment.  The court described as "frivolous" plaintiff's claims that Social Security is a "charity" program, and that payment of Social Security taxes and administration of the program either interferes with his exercise of Christian charity or forces him to participate in a Christian charity.

Bishops Criticize Social Welfare Cuts In House Budget; Boehner Responds

In a press release on Tuesday, the U.S. Conference of Catholic Bishops report on several letters to Congress from the bishops critical of proposed social welfare budget cuts in the budget that has been passed by the House of Representatives. The letters:

repeated and reinforced the bishops’ ongoing call to create a "circle of protection" around poor and vulnerable people and programs that meet their basic needs and protect their lives and dignity. The bishops’ message calls on Congress and the Administration to protect essential help for poor families and vulnerable children and to put the poor first in budget priorities. The bishops’ letters oppose measures that reduce resources for essential safety net programs.

As reported by The Hill, at a press conference yesterday House Speaker John Boehner, himself a Catholic, responded to the criticism, saying:

I want them to take a bigger look. And the bigger look is, if we don't make decisions, these programs won't exist, and then they'll really have something to worry about.

Rep. Paul Ryan who authored the budget bill said last week that his Catholic faith shaped the budget bill and that the bill is consistent with Catholic teachings.

New Virginia Law Protects Beliefs of Adoption and Foster Care Agencies

Last week, Virginia governor Bob McDonnell signed into law SB 349  (full text) that protects the religious views of adoption and foster care agencies by allowing them, to the extent permitted by federal law, to refuse to be involved in any placement which "would violate the agency's written religious or moral convictions or policies."  Such refusals also cannot be the basis for state licensing refusals, denials of grants or contracts, or the basis for a damage claim. Luray Page Free Press (4/12) and The Foundry report on the bill which has been a top priority of the Virginia Catholic Conference ever since the State Board of Social Services last year proposed, but then backed away from, prohibiting agencies from considering factors such as sexual orientation, family status, age, gender, political beliefs and religion when making child placements. (See prior posting.) The new law makes Virginia the second state to adopt these kinds of protections. The other is North Dakota.

Vatican Orders Reforms In Nuns' Group That Backed Obama Health Care Plan

Both AP and Zenit yesterday report on action of the Vatican to bring the Leadership Conference of Women Religious (LCWR) more into line with positions of the bishops.  LCWR, which represents some 57,000 nuns, made the news in 2010 when it, through its affiliated Network, split with the U.S. Conference of Catholic Bishops and publicly supported President Obama's heath care reform bill. (See prior posting.) A press release yesterday from the U.S. Conference of Catholic Bishops announced the publication by the Vatican Congregation for the Doctrine of the Faith (CDF) of a document titled Doctrinal Assessment of the Leadership Conference of Women Religious and of an accompanying statement by CDF head Cardinal William Levada.

An initial review of LCWR by Rev. Leonard Blair, Bishop of Toledo, reported:

while there has been a great deal of work on the part of LCWR promoting issues of social justice in harmony with the Church’s social doctrine, it is silent on the right to life from conception to natural death, a question that is part of the lively public debate about abortion and euthanasia in the United States. Further, issues of crucial importance to the life of Church and society, such as the Church’s Biblical view of family life and human sexuality, are not part of the LCWR agenda in a way that promotes Church teaching. Moreover, occasional public statements by the LCWR that disagree with or challenge positions taken by the Bishops, who are the Church’s authentic teachers of faith and morals, are not compatible with its purpose.

With the approval of Pope Benedict XVI, CDF has appointed Archbishop Peter Sartain of Seattle to oversee changes in LCWR. Sartain is to be assisted by Bishop of Toledo (OH) Leonard Blair and Bishop of Springfield (IL) Thomas John Paprocki.  Their mandate is to revise the governing documents of LCWR, review its plans and programs to ensure that its "mission is fulfilled in accord with Church teachings and discipline," to "offer guidance in the application of liturgical norms and texts," and to review LCWR's links to organizations such as Network and Resource Center for Religious Life.

Hasidic Teenager Gets 7-Years In Religiously Motivated Firebombing

AP reported yesterday that 18-year old Shaul Spitzer, a Hasidic Jew who lives in the insular village of New Square, New York, has been sentenced to seven years in prison for his firebombing of the house of another New Square resident growing out of a religious dispute between the leader of the Skverer Hasidic movement and a group of dissidents. (See prior posting.) Spitzer's attorney says the sentence was "fair and compassionate," but he is concerned how Spitzer will fare in prison. Spitzer's religious lifestyle in New Square means he has had "no exposure to the outside world."

Court Says Factual Issues Remain In Suit Over Sabbath Accommodation For Employees

In Jackson v. Longistics Transportation, Inc., (WD TN, April 13, 2012), the Jacksons, a married couple who worked as team drivers for defendant trucking company, sued claiming defendant had failed to reasonably accommodate their Sabbath observance which precluded them from working from sundown Friday to sundown Saturday. The Jacksons belong to a Christian church that observes the Jewish Sabbath and festivals. The trucking company issued a written reprimand to plaintiffs when they refused an assignment that would violate their Sabbath, warning that a second refusal would lead to their termination. They subsequently refused a second assignment, and are no longer employed by the company.  Details of their leaving is the subject of dispute between the parties. Plaintiffs contend they were constructively discharged. The court refused to grant summary judgment for defendant, finding that triable issues remain as to whether defendant ever offered an accommodation to plaintiffs and whether plaintiffs requested an accommodation that would result in undue hardship to the trucking company. [Thanks to CCH Employment Law Daily via StevenH. Sholk for the lead.]

Bishops Appeal Court's Decision on Trafficking Victims Grant

The U.S. Conference of Catholic Bishops announced on Tuesday that it has filed a notice of appeal with the First Circuit Court of Appeals in  American Civil Liberties Union of Massachusetts v. Sebelius.  In the case, a Massachusetts federal district court held that the Department of Health and Human Services violated the Establishment Clause when, in selecting the U.S. Council of Catholic Bishops to administer funds under the Trafficking Victims Protection Act, it permitted USCCB to impose religious restrictions on use of grant funds. The Bishops prohibited grantee subcontractors from using grant funds to refer trafficking victims for abortion services or contraceptive materials. (See prior posting.) The Washington Times reports that Rep. Christopher H. Smith, the New Jersey Republican who authored the Trafficking Victims Protection Act, supports the bishops' appeal.

German Halal Butcher Encounters Bureaucratic Resistance Despite Court Wins

Public Radio International yesterday reported on the problems faced by a Muslim butcher, Rüstem Altinküpe, in obtaining a license to engage in halal slaughter of animals without first stunning them. Even though Altinkupe has repeatedly won in German courts, a Hessen district administrator, Reinhard Strack-Schmalor, is resisting.  Strack-Schmalor-- under pressure from animal rights activists and the extreme political right-- takes the position that there are ways around the Islamic law ban on stunning animals. Altinküpe is particularly concerned that a local German bureaucrat can impose his interpretation of Islam on on a Muslim.

Racial Profiling Hearings Include Religious Profiling Concerns

Yesterday, the U.S. Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Human Rights held a hearing on "Ending Racial Profiling In America." The witness testimony (links to full text and webcast) also focused on profiling of Muslim Americans as an aspect of racial profiling.  The proposed End Racial Profiling Act (S. 1670) defines "racial profiling" as "the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, or religion in selecting which individual to subject to routine or spontaneous investigatory activities". Thirty-four religious and advocacy groups-- secular organizations as well as ones representing various faiths-- also wrote the subcommittee "to highlight our objections to religious profiling, which may sometimes also be used as a proxy for race, ethnicity, or national origin." (Full text of letter.) An article in The Hill yesterday by the co-directors of the Brennan Center also focuses on religious profiling, pointing out that the 2003 Department of Justice guidelines on profiling cover racial and ethnic profiling, but not religious profiling. Also the guidelines do not cover national security and border security matters, nor do they cover state and local law enforcement.

Arizona Authorizes High School Courses On Bible As History and Literature

The Arizona Republic reports that Gov. Jan Brewer on Tuesday signed HB 2563 (full text) which provides that public schools may offer high school elective courses on how the Bible has influenced Western culture.  The new law also mandates that the State Board of Education develop standards for courses in History and Literature of the Old Testament, and History and Literature of the New Testament. Among other things, the new law provides that a student may not be required to use a specific translation of the Bible in these courses, and teachers are not to be assigned to teach the course on the basis of religious belief or affiliation. (Bill Summary). The Arizona Republic reports that this makes Arizona the sixth state to authorize high school courses on the Bible.

Senior Housing Managers Claim They Were Fired Because They Are Not Mormons

Courthouse News Service reported yesterday on a religious discrimination lawsuit filed in federal district court in Oregon by six former managers of senior housing facilities who claim that they were fired in part because they are not members of the Church of Jesus Christ of Latter Day Saints. They claim that their employer, Care Senior Living, is controlled by Sorenson Capital Partners (SCP). In turn, SCP strongly favors hiring and doing business with other members of the LDS Church. The lawsuit has garnered attention because the principals of SCP, including a number of its managing directors and officers, are former partners or executives at Bain Capital and Bain & Company.  Presumptive Republican presidential nominee Mitt Romney was a founder of Bain Capital after working for Bain & Co. The complaint (full text) in McCurdy v. Sorenson Capital Partners, LP, (D OR, filed 4/13/2012) alleges violation of state laws relating to religious and age discrimination as well as breach of contract claims. [Updated]

Air Force Inns Will No Longer Assure Bibles Are Furnished

Air Force Inns are temporary government lodging facilities-- intended to be equivalent to commercial hotels-- provided on Air Force bases for personnel travelling on temporary assignments or beginning a reassignment. Like much in the military, the Air Force has a check list that those operating Air Force Inns must use to make certain that the Inns meet Air Force standards. Air Force Times reported Monday that the check list is being modified (effective fiscal 2013) to eliminate the item reading: "Is a Bible provided?"  According to God and Country blog, the move comes after the Military Association of Atheists and Freethinkers raised questions about the Bibles. While the check list is being changed, the Air Force has not at this time directed that Bibles actually be removed from the rooms.

Canada Marks 30th Anniversary of Charter of Rights and Freedoms

Today is Law Day in Canada, and it celebrates the 30th anniversary of Canada's Charter of Rights and Freedoms.  A Canadian Bar Association news release links to a video of the original signing of the Charter by Queen Elizabeth II and then-Canadian Prime Minister Pierre Trudeau.  Among other rights, the Charter protects freedom of conscience and religion. CBC News reports that Canada's Charter has had growing influence over constitution drafting in other nations.

ACLU Criticizes Operations of US Commission on International Religious Freedom

The ACLU in a blog posting yesterday charges that the U.S. Commission on International Religious Freedom has failed to operate effectively. The ACLU says in part:

[S]ince its inception, the commission's been beset by controversy. People who watch the commission closely say it was created to satisfy special interests, which has led to bias in the commission's work. Past commissioners and staff have reported that the commission is "rife, behind-the-scenes, with ideology and tribalism." They've said that commissioners focus "on pet projects that are often based on their own religious background." In particular, past commissioners and staff reported "an anti-Muslim bias runs through the Commission's work."

The commissioners' personal biases have led to sharp divides both within the commission and with the State Department, which it is supposed to advise. One expert calls the commission's relationship with the State Department "adversarial," and "not conducive to effective dialogue, let alone cooperation."

The posting goes on to raise questions about two of the recent appointments to the Commission:  Zuhdi Jasser who the ACLU describes as someone who validates manufactured myths about Muslims; and Robert George who has been actively involved in battling against same-sex marriage. (See prior related posting.)

Cert. Denied In Ministerial Exception Case

The U.S. Supreme Court yesterday denied certiorari in Linklater v. Prince of Peace Lutheran Church (Docket No. 11-793) and its companion case Prince of Peace Lutheran Church v. Linklater (Docket No. 11-923), cert. denied 4/16/2012. (Order List.) In the case, Maryland's s highest appellate court, held that the ministerial exception doctrine did not bar a state law sexual harassment claim by a former music director of a church.  The church did not claim that there was any doctrinal reason for the alleged harassment, and the congregation's parent body has promulgated a strong policy against sexual harassment. However certain of plaintiff's constructive discharge and breach of contract claims found to be barred by the ministerial exception doctrine. (See prior posting.) The Gaithersburg (MD) Gazette reports on the Supreme Court's denial of review.

Religion Clause Is 7 Years Old Today!

Religion Clause is 7 years old today! To long-time readers, as well as to those who have discovered the blog more recently, thank you for your interest and loyalty. Increasingly readers are accessing Religion Clause through Twitter and Facebook. In total, Religion Clause has had over 1.2 million visits since 2005. Please continue to recommend the blog to colleagues and friends who may find it useful.

The impact of religion in the public, legal and political spheres has taken on new urgency in recent months. The importance of following parallel developments throughout the world has become increasingly clear. I continue to try to provide a wide spectrum of postings covering all aspects of church-state and religious liberty issues, across religious traditions.  Many who are professionally involved in these issues tell me that the blog has become a basic resource for following developments.

I have had approaches seeking to incorporate the blog into broader portals and websites.  After much consideration, I have continued to keep it independent so it can occupy a unique niche in the blogosphere.  In today's highly-politicized world of information, Religion Clause is committed to religiously and ideologically neutral reporting of legal and public policy developments surrounding religion.

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

Late Motion To Intervene In School Prayer Mural Case Is Frivolous

In January, a Rhode Island federal district court ordered Cranston West High School to remove a prayer mural that had hung for many years in the school auditorium. (See prior posting.) The school complied, the Cranston School Committee decided not to appeal the decision, the parties agreed on attorneys' fees and on March 7 the court signed the final judgment in the case. On that same day, a group of seven individuals moved to intervene in the case, asking the court to stay and reconsider its decision.  In Ahlquist v. City of Cranston, (D RI, April 12, 2012), the court refused, finding the motion to intervene untimely and holding that movants had made no showing they have standing in the matter. The court wrote:

As Alexander Pope, an English poet and essayist, once wrote, "A little learning is a dangerous thing." In essence, Movants argue that, not just this Court's January 2012 ruling, but virtually all Supreme Court rulings on the Establishment Clause dating back to the Supreme Court's [1947] decision in Everson v. Board of Ed. of Ewing Township... have been wrongly decided.... In particular Movants cite "the Aitken act of 1872 authorizing the use of bibles in all schools in America." ....

The Court characterizes this argument as frivolous because Movants concede ... that this Court's decision is in line with a half-century of Supreme Court precedent. This Court is not merely guided, but is bound, by Supreme Court precedent. 

German Politicians Criticize Salafist Distribution of Qur'ans

In Germany, many politicians are condemning efforts by a group of Salafist Muslims calling themselves "The True Religion" that is distributing 25 million copies of the Qur'an translated into German. The books are being handed out on the streets of Germany, Austria and Switzerland and through the Internet, all in an attempt to convert non-Muslims. AFP reported last week that Volker Kauder, a parliamentary leader of Chancellor Angela Merkel's conservatives, charged that the distribution was a cover for jihadist recruiting. Germany's Central Council of Muslims criticized the Salafist activity, saying the Qur'an is "not a PR brochure." Under pressure, the publisher involved has stopped printing the Qura'ns, at least temporarily. Security sources and some members of Parliament, however, emphasize that distributing the Qur'ans is protected religious activity.

Recent Articles of Interest

From SSRN:

• Marie Ashe, Women's Wrongs, Religions' Rights: Women, Free Exercise, and Establishment in American Law, (21 Temple Political & Civil Rights Law Review 163, Fall 2011).
• Mary S. Holland, Compulsory Vaccination, the Constitution, and the Hepatitis B Mandate for Infants and Young Children, (Yale Journal of Health Policy, Law, and Ethics, Vol. 12, No. 1, p. 39, 2012).
• Sarah Sternlieb, When the Eyes and Ears Become an Arm of the State: The Dangers of Privatization Through Government Funding of Insular Religious Groups, (Emory Law Journal, Forthcoming).

From SmartCILP:

• Haider Ala Hamoudi, Present at the Resurrection: Islamic Finance and Islamic Law, [Abstract], 26 American University International Law Review 1107-1123 (2011).

One Defendant Dismissed In Establishment Clause Challenge To Library Internet Filtering Policy

In Hunter v. City of Salem, 2012 U.S. Dist. LEXIS 50782 (ED MO, April 11, 2011), a Missouri federal district court dismissed as to one defendant a free expression and and Establishment Clause challenge to the Internet filtering policies of the Salem, Missouri public library.  Plaintiff, who was attempting to conduct research on Native American spirituality and on the Wiccan Church claimed that the library's policy of blocking religious websites categorized as 'occult' or 'criminal skills' while allowing access to the websites of more mainstream religions" was a content and viewpoint-based restriction on speech and has the effect favoring one religious viewpoint over another in violation of the Establishment Clause. The court dismissed the city as a defendant finding that the city retained no control or oversight over the library that was governed by a separate Library Board. The suit however will move forward against the Library Board and the library's director. (See prior related posting.)

Required Parochial School Reporting of Suspected Child Abuse Clarified By New York

Failed Messiah reports that New York State last week updated its guidelines for Mandated Reporters of  Child Abuse and Neglect as they apply to non-public schools. (Full text of April 9 revisions.) The revisions make it clear that parochial school staff is not to delay reporting in order to ask permission of the person in charge of the school, even if that person is a member of the clergy. The changes are apparently in response to suggestions by some Orthodox rabbis that teachers, social workers and other professionals who are mandated by state law to promptly report suspected cases of sexual abuse should first consult a rabbi. (See prior posting.) The New York reporting requirements apply to suspected abuse of children by their parents or guardians, or by workers in day care programs or residential facilities. It generally does not apply to abuse inflicted on a child on non-public school property by another school employee.

In a related development, in Villarin v Rabbi Haskel Lookstein School, (NY App. Div., April 12, 2012), a New York appellate court in a 2-1 decision held that a school nurse in a Jewish school has a cause of action under the state's Whistleblower Law (Labor Law Sec. 740) when she was fired because she reported a father's injury of his son to New York's State Child Abuse and Maltreatment Register. JTA reports on the decision.

Recent Prisoner Free Exercise Cases

In Jones v. Hobbs, 2012 U.S. Dist. LEXIS 48134 (ED AR, April 5, 2012), an Arkansas federal district court adopted a magistrate's recommendations and refused to grant summary judgment on the basis of qualified immunity in a case in which a Christian inmate was, for 16 months, denied a vegan diet that he requested for religious reasons. UPDATE: The magistrate's recommendations are at 2012 U.S. Dist. LEXIS 57080, Feb. 21, 2012.

In Mitchell v. Cate, 2012 U.S. Dist. LEXIS 49111 (ED CA, April 6, 2012), a California federal magistrate judge held that a Muslim inmate may proceed with his claims against certain defendants alleging a denial of his requests for a Halal diet, or may file an amended complaint to also cure defects in pleadings as to claims against other defendants.

In Hightower v. Tilton, 2012 U.S. Dist. LEXIS 50362 (ED CA, April 9, 2012), a California federal district court permitted an inmate to proceed with his claim against the Aeministrative Segregation property officer that his Bible was confiscated for the time he was in Ad-Seg, and his claim against several defendants that his classification after being released from Ad-Seg resulted in restrictions that denied him access to religious services and group prayer services.

In Al-Amin v. TDOC Commissioner, 2012 U.S. Dist. LEXIS 51442 (MD TN, April 11, 2012), a Tennessee federal district court allowed a Muslim inmate to proceed with his claim that defendant deprived him of foods that he would have been able to eat during Ramadan. However the court dismissed a number of other claims involving refusal to recognize his name change, being refused a "no-meat tray," a corrections officer stepping on his prayer rug, and being told a corrections officer would like to burn any Qur'an he sees.

Muslim Groups Oppose Senate Republicans' Recent USCIRF Appointee

On Thursday, over 60 Muslim organizations sent a letter (full text) to three key U.S. Senators urging them to rescind the nomination of Dr. Zudhi Jasser as a member of the U.S. Commission on International Religious Freedom. Commissioners are appointed separately by the President and by House and Senate leaders of each political party. Jasser was appointed by Senate Republican minority leader Mitch McConnell. (See prior posting.) The groups' letter was addressed to McConnell, to Senate president-pro-tem Daniel Inouye and to Sen. Richard Durbin, Chairman of the Senate Constitution, Civil Rights and Human Rights Committee. The letter argues that Jasser has demonstrated "consistent support for measures that threaten and diminish religious freedoms within the United States." It cited in particular his positions on the Oklahoma anti-Shariah ballot initiative, the Manhattan Park 51 controversy, and his support of religious profiling by law enforcement. It also pointed out that he accepted an award from an anti-Muslim think tank. The American Arab Anti-Discrimination Committee issued a press release announcing the letter.

Suit Charges Mistreatment of Muslim-Americans At U.S. Canadian Border

The Detroit News reported Friday that four Muslim-Americans have filed a lawsuit against the U.S. government alleging that they have at various times been detained, handcuffed, subjected to humiliating questioning and invasive body searches when crossing the Canadian-American border. They allege that the treatment is based on their religion and ethnic background. The suit, filed by CAIR and a Detroit area attorney, says that plaintiffs have been questioned about which mosque they attend and about their religious practices.

Former Employee of Library of Congress Sues Claiming Anti-Gay Religious Harassment

WRC reported Thursday that a former Library of Congress management analyst has filed suit after he was fired on Friday. He had been on leave without pay since October.  Plaintiff, Peter TerVeer, who is gay, alleges he was harassed for more than a year by a supervisor who repeatedly cited Bible passages condemning homosexuality.  In 2009, his supervisor sent him an e-mail reading: "Jesus ... prohibited sexual immorality, including homosexuality, adultery and pre-marital sex." TerVeer says he is now out of money and has recently been evicted.

Tennessee Governor Signs Bill On Religion In Schools

As reported by CBN, on April 10 Tennessee Gov. Bill Haslem signed HB 3266 into law. The bill makes two changes in Tennessee law regarding religion in schools. In reaction to Cheatham County's 2010 settlement of a lawsuit involving religious activities in schools (ACLU summary), the bill prohibits local education agencies and school administrators from taking any action that would infringe the rights or freedoms of students, teachers or staff without their written consent.An amendment to the bill that also passed provides that:

LEAs [Local Education Agencies] and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel.

SEC Files Suit In Affinity Fraud Aimed At Socially Conscious Church-Goers

The Securities and Exchange Commission announced Thursday that it had filed a federal lawsuit in Atlanta against Ephren W. Taylor, II, the operator of an $11 million Ponzi scheme that targeted socially conscious African-American church-goers.  The complaint (full text) in Securities and Exchange Commission v. City Capital Corp., (ND GA, filed 4/12/2012) alleged in part:

Taylor strenuously cultivated an image of a highly successful and socially conscious entrepreneur. Marketing himself as "The Social Capitalist," he touted equally his status as the youngest black CEO of a public company and the son of a Christian minister who understands the importance of "giving back.".... Taylor conducted a multi-city "Building Wealth Tour," on which he spoke to church congregations – including Atlanta’s New Birth Church – or at wealth management seminars featuring other speakers.

Christian Post reports on the case.

Student's Rights Not Infringed By Bus Driver's Lecture On Tolerance

In R.Z. v. Carmel Clay Schools, (SD IN, April 11, 2012), an Indiana federal district court granted summary judgment to defendants in a case in which parents challenged a lecture given by a public-school bus driver in 2008 to students on the bus. Her remarks were triggered by anti-gay and religious statements the parents' eighth-grade daughter had made. The bus driver (whose lengthy statements were recorded by school bus surveillance equipment) said in part:

This week we had a very historic election. Okay. It’s called diversity in this country. The diversity here – we’ve got kids on this bus who are Jewish, Catholic, I’ve had Muslims, I’ve had Buddhists, Sikhs, fine. That’s why we are what we are. I don’t care if you’re gay. I don’t care what you are. All those diverse things are what make this country what it is. I don’t care if you are evangelical. What I will not tolerate is your own personal views being espoused on this bus that you are going to go to hell if you don’t do it the way I do it. We’ve had this conversation before, we’ve had it for three years. We’re not going to have it again. If you can’t believe in tolerance towards one another, you don’t belong here. You belong in a parochial church school. I don’t want to hear one more word about anybody going to hell if they are gay or if they’re Buddhist or whatever, cause it is none of your damn business.

The court rejected claims that the student's free expression, free exercise and equal protection rights had been infringed.

American Nazi Party Deploys Registered Lobbyist For First Time

For the first time, the American Nazi Party has a registered lobbyist in Washington, D.C.  Michigan resident John Bowles has filed a Lobbying Registration form (full text) with Congress, listing his client as "ANP". Haaretz reported today that 55-year old Bowles, an American Nazi Party member told ABC that lobbying was  something that the Party wanted to "try out for the first time and see if it flies." The American Nazi Party's has created a new website devoted to its lobbying activities.

Catholic Bishops Issue New Statement On Challenges To Religious Liberty

The U.S. Conference of Catholic Bishops on Thursday issued a new call to action to defend religious liberty.  In a document titled Our First Most Cherished Liberty: A Statement on Religious Liberty, the bishops said:

As Catholic bishops and American citizens, we address an urgent summons to our fellow Catholics and fellow Americans to be on guard, for religious liberty is under attack, both at home and abroad.

The statement cites 7 specific areas of concern to the bishops: the HHS mandate on contraceptive coverage in health insurance policies; state immigration laws that threaten pastoral outreach to illegal immigrants; a Connecticut bill that would have forced restructuring of parish governance; Hastings College of Law denial of recognition to the Christian Legal Society because of religious limits on who could be leaders; governmental refusals to fund Catholic foster care and adoption services that refuse to place children with same-sex couples; New York City's rule against churches renting out space in school buildings on weekends; and disqualifying USCCB from administering human trafficking grants because it will not provide or refer for contraceptive or abortion services. (See prior related posting.)  [Thanks to Marty Lederman via Religionlaw for the lead.]

Kentucky Governor Signs Into Law Bill Giving Amish Alternatives For Buggy Signage

AP reports that on Wednesday, Kentucky governor, Steve Beshear, signed SB 75 into law. The bill gives Amish horse-drawn buggies the alternative to use lanterns and white reflective tape instead of the orange triangle -- the standard slow-moving vehicle symbol-- to which Amish have religious objections. (See prior posting.)

Tennessee Governor Lets Bill On Science Teaching Become Law Without His Signature

The Tennessean reports that Tennessee Governor Bill Haslam on Tuesday returned HB 368 to the legislature without either vetoing or signing it. The bill on teaching of controversial scientific topics, including evolution, global warming, the origins of life and human cloning, will thus become law without his signature. The bill (which passed the legislature by large majorities) encourages schools to help students "respond appropriately and respectfully to differences of opinion about scientific subjects required to be taught under the curriculum framework developed by the state board of education." It goes on to provide that "teachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught within the curriculum framework developed by the state board of education." (See prior posting.) The governor said that the bill creates confusion, explaining:

I do not believe that this legislation changes the scientific standards that are taught in our schools or the curriculum that is used by our teachers. However, I also don’t believe that it accomplishes anything that isn’t already acceptable in our schools.

No Basis For Removing State Charges To Ecclesiastical Court

In Prather v. Governor of Washington, 2012 U.S. Dist. LEXIS 49810 (WD WA, April 9, 2012), a Washington federal district court dismissed a civil rights lawsuit in which plaintiff claimed that state criminal proceedings against him alleging domestic violence and drug charges should have been removed to an ecclesiastical court.  Vincent Prather argued that "[t]he Bible forbids Christians from asserting or defending their rights in a secular court."  The court said that religious convictions do not exempt an individual from laws that are generally applied to all citizens.

Tunisia's President Condemns Violence Against Jews At Ceremony Marking Synagogue Bombing

Moncef Marzouki, a human rights activist who was elected Tunisia's interim president last December following the country's "Arab Spring" demonstrations, yesterday reached out to Tunisia's 2600-year old Jewish community.  According to Tunisia Alive, Marzouki attended a ceremony at the El Ghriba Synagogue in Djerba to commemorate the 2002 Al-Qaeda truck bombing of the synagogue that killed 21 people.  In his remarks at the ceremony, Marzouki said that "any vandalism or violence against the Tunisian Jewish people, their property or their holy sites is totally unacceptable."  In three demonstrations by conservative Salafist Muslims in recent months, demonstrators have called for Muslims to kill or wage war against Jews.

Report Calls For More Diversity In Now-Denominational Irish Primary Schools

In Ireland yesterday, the government's Department of Education and Skills released a report of an advisory group calling for more diversity in primary schools in the country. According to the department's release:

The report notes that while 96% of education provision at primary level is denominational arising from the historical development of Irish primary education, there is clearly increased demand for new forms of multi-denominational and non-denominational schooling, as well as increased demand for Irish language schooling. 

Minister Quinn said "Parental choice should be our main concern. Over recent decades, Irish society has been undergoing major political, social, economic, cultural, demographic and educational change. Primary school provision needs to reflect this changed society and provide for increased diversity."

Links to the full report and other related primary source material are available from the Department's website. According to yesterday's Irish Times, a key recommendation in the report is the elimination of Rule 68 of the Rules for National Schools that calls religious instruction the most important part of the school's curriculum. [Thanks to Alliance Alert for the lead.]

Recent Prisoner Free Exercise Cases-- Weekly Installment #2

In Smith v. Secretary of CDCR, 2012 U.S. Dist. LEXIS 47183 (ED CA, April 3, 2012), a California federal magistrate judge rejected a claim for damages brought by an inmate who said he was a real Jew descended from Black Hebrew Israelites, and that he was refused kosher meals. The court ruled that money damages are not available for violations of RLUIPA.

In Neal v. Cross, 2012 U.S. Dist. LEXIS 46878 (SD IL, April 3, 2012), an Illinois federal district court rejected an inmate's claim that his free exercise rights were infringed when his visit with his wife was cut short for unauthorized contact after a guard whispered to the officer in charge: "Muslims think they own the world."

In Heim v. Moore, 2012 U.S. Dist. LEXIS 46786 (MD PA, April 3, 2012), a Pennsylvania federal district court allowed an inmate to proceed with is 1st Amendment free exercise and his equal protection claims (but not his RLUIPA claim) for damages after granting his request for a kosher diet was delayed without explanation for over 5 months.

In Azor v. City of New York, 2012 U.S. Dist. LEXIS 47067 (ED NY, March 30, 2012), a New York federal district court rejected claims by a Rastafarian inmate that his free exercise rights were violated during his 12-hours of pre-trial detention when he was deprived of time to himself in a cell to pray, his pocket-size Bible was taken away, and he was denied prayer towels, a proper head covering and vegetarian or kosher food. He also claimed unsuccessfully that arresting officers made abusive comments about his religion.

In Bey v. Pennsylvania Board of Probation & Parole, 2012 U.S. Dist. LEXIS 47459 (MD PA, April 4,2012), a Pennsylvania federal district court permitted an inmate to proceed with his free exercise claim that defendants are forcing him to attend a drug and alcohol treatment program that violates his religious beliefs in order to obtain parole or a favorable parole recommendation.

In Cobb v. Mendoza-Powers, 2012 U.S. Dist. LEXIS 48572 (ED CA, April 5, 2012), a California federal magistrate judge allowed an inmate to proceed with his free exercise challenge to the continued enforcement of a prison grooming policy that had been found unconstitutional. Plaintiff, who had taken a vow not to comb or shave his hair as a symbol of his relationship with God, was disciplined violating the grooming rules.

In Robledo v. Leal, 2012 U.S. Dist. LEXIS 48359 (ND TX, April 5, 2012), a Texas federal magistrate judge recommended dismissing an inmate's claims that his free exercise rights were violated by strip searches. He believes men should only be unclothed fully in front of their wives. The court also recommended dismissing complaints regarding removal of chairs from the chapel and limitations on the number of inmates who may participate in services at the chapel, as well as plaintiff's contention that searches of him were in retaliation for his attending Catholic services in the chapel.

In Rivers v. Mohr, 2012 U.S. Dist. LEXIS 48191 (ND OH, April 5, 2012), an Ohio federal district court rejected claims by an inmate that the Ohio Department of Rehabilitation and Corrections decision to eliminate pork from inmate meals violated the Establishment Clause, as well as his 8th and 14th Amendment rights. The court said: "The ODRC's decision merely makes accommodating a multitude of religious practices and beliefs easier and more economical for the prison. Nothing in the Complaint suggests that the ODRC endorsed the Muslim religion."

California County Wants Religious Roadside Signs Moved Back

The Butte County, California Public Works department finds itself in the midst of a religion-in-schools dispute.  KHSL-TV News reported Monday on two signs put up next to a county highway by Glenn Stankis who has unsuccessfully run for Paradise Unified School District school board 4 times on a platform of Christian beliefs.  One sign urges schools to teach the Ten Commandments in the 6th grade. The other calls for schools to reinstate the Pledge of Allegiance, including the words "one nation (and school district PUSD) under God."  After receiving complaints about the signs, the public works department decided that they violate county law that requires a 55-foot setback for roadside signs. It is asking Stankis to move the signs to meet the setback requirements. Commenting on the controversy, Stankis said: ""This is a Christian nation the courts have actually ruled that and the district wants to be secular in their outlook."

Egyptian Court Suspends Constitutional Assembly Over Legality of Appointments To It

In Egypt yesterday, Cairo's Administrative Court suspended the newly created 100-member constitutional assembly appointed to draft a new constitution for the country while a panel of judges investigates the legality of the way in which the members were appointed. BBC News and The National report that dissatisfaction with the make-up of the constitutional assembly was growing ever since the two Islamic parties in parliament gave 60 of the seats on the constitution drafting body to Islamists. (However the Muslim Brotherhood's Freedom and Justice Party says that only 48 of the assembly's members are Islamists.) Coptic Christians got very few seats. Over 20 members of the constitutional assembly have already withdrawn in protest, including representatives of the Coptic Church and of the prestigious Sunni institution, Al Azhar. Journalists, professors and liberal secular members of parliament are also  among those who have withdrawn. (See prior posting.) Al Azhar had called for a constitution that guarantees freedoms of worship, opinion, scientific research and art and creative expression, and many politicians have endorsed the proposal. (See prior posting.)

In India, 23 out Of 46 Convicted For Gujarat Riots

Gulf Times reports that a court in the Indian state of Gujarat yesterday convicted 23 people in connection with the Ode village massacre that took place in 2002 as part of broader Hindu-Muslim religious riots set off after a train carrying 60 Hindu pilgrims was set on fire by a mob. Another 23 defendants were acquitted for lack of evidence. As described by the Gulf Times, the massacre involved rioters in the small Gujarati village of Ode who bolted doors of a house where Muslim families had taken refuge and then set it on fire. Of the 23 who died, 18 were women. This is one of several cases that has been investigated by a special team appointed by the Supreme Court. (See prior related posting.)

UPDATE: AFP reported Thursday that 18 of the defendants (found guilty of murder and conspiracy) were given life sentences, while 5 others (convicted of attempted murder) were sentenced to 7 years in prison.

9th Circuit: Church Marijuana Use Suit Is Ripe; But No Monetary Damages Under RFRA

Oklevueha Native American Church of Hawaii, Inc. v. Holder, (9th Cir., April 9, 2012), is a suit under the 1st Amendment and the Religious Freedom Restoration Act by a church whose sacramental earth-based healing ceremonies involve the consumption of marijuana.  In 2009, law enforcement officers seized a pound of marijuana intended for Oklevueha use from FedEx. Plaintiffs claim that even though no criminal charges have been filed against them, they fear for their ability to continue to grow, use and distribute marijuana for religious purposes. Among other things, they sought injunctive and declaratory relief to prevent enforcement of the Controlled Substances Act against them. The district court dismissed the claim on ripeness grounds. The 9th Circuit, however, reversed, holding:

Plaintiffs need not allege a threat of future prosecution because the statute has already been enforced against them. When the Government seized Plaintiffs’ marijuana pursuant to the CSA, a definite and concrete dispute regarding the lawfulness of that seizure came into existence.

The 9th Circuit also rejected the government's argument that plaintiffs should have first applied to the Drug Enforcement Administration for an exception. It said that it would not read an exhaustion requirement into the Religious Freedom Restoration Act. The court however rejected plaintiffs' claim for return or compensation for the marijuana that was seized in 2009.  It held that the Religious Freedom Restoration Act's "appropriate relief" provision does not authorize suits for money damages against the federal government, just as under the Supreme Court's Sossamon decision, similar language in the Religious Land Use and Institutionalized Persons Act does not authorize damage suits against states. Yesterday's Honolulu Star-Advertiser reports on the decision.

Pennsylvania Asks Intrusive Questions for Non-Photo Voter ID

AP reported yesterday on the problems faced by Amish and certain Mennonite sects now that Pennsylvania's new voter identification law has come into effect. Those who object for religious reasons to being photographed have the alternative of obtaining a non-photo ID from the state Department of Transportation. However questions are being raised about the intrusiveness of the affidavit that must be completed in order to obtain a non-photo ID. Applicants must answer 18 questions, including "Describe your religion," "How many members are there of your religion?"; "What religious practices do you observe?", and "Do other family members hold the same religious beliefs." Amish merely seeking to renew an existing ID can merely follow the past practice of submitting a letter from their bishop.

Recent Prisoner Free Exercise Cases

In Bader v. Wrenn, (1st Cir., March 29, 2012), the 1st Circuit rejected a RLUIPA claim by a Jewish inmate who was transferred from a prison which offered Jewish religious activities to one that did not because of a lack of outside clergy, volunteers and co-religionists. The court said that the proximate cause of the lack of religious services was not the government's transfer of plaintiff.

In Dalrymple v. Dooley, 2012 U.S. Dist. LEXIS 42814 (D SD, March 28, 2012), a South Dakota federal district court dismissed, with leave to refile, a claim that prison officials refused to add him to the "2012 Passover meal list for the Jewish Holiday Meals."

In Cotton v. Cate, 2012 U.S. Dist. LEXIS 43884 (ND CA, March 26, 2012), a California federal district court rejected claims of an inmate who was a follower of the Shetaut Neter religion that his free exercise, equal protection and RLUIPA rights were violated when he was refused a Kemetic (raw vegan-organic) religioius diet.

In Little v. Jones, 2012 U.S. Dist. LEXIS 44420 (ED OK, March 29, 2012), a Seventh-day Adventist inmate sought a vegan religious diet. An Oklahoma federal district court in a case on remand from the 10th Circuit denied in part defendants' motion for summary judgment because there is a question of fact regarding the sincerity of plaintiff's religious beliefs. It also permitted plaintiff to proceed on his claim for compensatory damages, and to amend to add claims for nominal and punitive damages.

In Tafari v. Brown, 2012 U.S. Dist. LEXIS 45055 (ND NY, March 30, 2012), a New York federal district court adopted in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 45054, March 6, 2012) and dismissed an inmate's claims that his rights were infringed when he was denied kosher meals during specific time periods, when he was not provided holiday food or a vegetarian kosher diet, and when authorities sanctioned him for not cutting his dreadlocks.

In Hysell v. Schwarzenegger, 2012 U.S. Dist. LEXIS 45452 (ED CA, March 39, 2012), a California federal magistrate judge has recommended dismissing a Wiccan inmate's claim that defendants used an underground regulation to confiscate his twenty-six Wicca religion books, oils, incense, and a multi-plug extension cord for candles.

In Harris v. Avant, 2012 U.S. Dist. LEXIS 44458 (D CO, March 29, 2012), a Colorado federal district court dismissed a Jewish inmate's claims that her free exercise and RLUIPA rights were infringed when she was required to "move to another room" on a Saturday and sign a form in connection with the move. On a separate occasion she was told to throw away a kosher meal.  The magistrate's recommendations are at 2012 U.S. Dist. LEXIS 44465, Feb. 16, 2012.

In Scott v. Brown, 2012 U.S. Dist. LEXIS 44653 (ND GA, March 29, 2012) a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 44669, Jan. 31, 2012) and, while dismissing a number of claims by a Muslim inmate, allowed him to proceed with 1st and 14th Amendment individual capacity damage claims alleging lack of a Muslim chaplain, not being allowed to wear a kufi, failure to provide secure places to pray, and not being allowed to celebrate an end-of-Ramadan meal.

In a lengthy opinion in Wood v. Yordy, 2012 U.S. Dist. LEXIS 46610 (D ID, March 30, 2012), an Idaho federal district court dismissed an inmate's complaint that he was temporarily removed from his work assignments in the prison chapel and Life Transitions Program and that his worship times in the prison chapel were limited. The court commented: "This case undoubtedly shows how a strong-willed inmate can exploit the human weaknesses of prison staff...."

In Munson v. Gaetz, 2012 U.S. Dist. LEXIS 46064 (SD IL, March 30, 2012), an Illinois federal district court permitted a Buddhist inmate who, for religious reasons, was on a lacto-ovo-vegetarian diet to move ahead with claims that his health is being injured by the high TVP/soy content in the diet. He is seeking a soy-free vegetarian diet.

Court Decides It Can Adjudicate Church's Factional Dispute

In Carter v. Lee (VT Super, April 3, 2012), a Vermont trial court held that it can adjudicate a dispute between factions of the First Congregational Church of Manchester.  Plaintiffs filed a derivative suit challenging a congregational vote to create a Board of Elders as the church's governing body.  Plaintiffs claim that they were denied access to the church membership list and records in violation of the non-profit corporation statute; that actions of the Board of Elders, including hiring of a new clergyman and certain expenditures are unauthorized; and that defendants failed to give proper notice of an amendment to the church bylaws and of a special meeting. The court concluded:

Although plaintiffs identify specific actions taken by the Board of Elders to which they object, there is no suggestion in the record that their objections are religious in nature. Plaintiffs do not argue that the Board of Elders has taken action that runs contrary to the tenets of the church, or that the creation of the board is inconsistent with church doctrine.... [A]ll of plaintiffs' claims involve a straightforward application of Vermont's non-profit corporations' law, and do not require an examination of religious doctrine. Because it appears that the court can adjudicate each count of the plaintiffs' complaint without considering ecclesiastical evidence, or resolving any religious disagreement, the court has jurisdiction to proceed.

California Environmental Rules Reduce Supply of Kosher For Passover Coke

The San Gabriel Valley Tribune reported last week that new California environmental regulations that went into effect this year have had the effect of cutting off much of the supply of Kosher for Passover Coca Cola in California. At issue is a chemical used in caramel coloring for beverages-- 4-Methylimidazole. The new California regulations require that warning labels be placed on food and beverages that contain more that a prescribed level of the chemical because, according to California, it has been known to cause cancer.  So Coke's supplier in California has a new alternative-process caramel with less of the chemical in it (background), but the formula used by manufacturer does not meet requirements for Passover food. Coke plans to have the problem solved by next year. Meanwhile some California stores have acquired Kosher for Passover Code from other states.

Recent Articles of Interest

From SSRN:

• Robert Leckey, Face to Face, (April 6, 2012).
• Sahar F. Aziz, Symposium: Confronting Islam: Shari'ah, the Constitution, and American Muslims: The Face of Islam: The Perception of Muslims in America, (11 Maryland Journal of Race, Religion, Gender, and Class 89, 2011).
• Khaled Benjelayel, Market and Economic Regulation, Islamic Perspective, (January 25, 2012).
• Deedra J. Abboud, The Anti-Therapeutic Effects of the Anti-Shari’a Movement on American Society,(March 9, 2012)

From SmartCILP:

• William P. Marshall, Ballard and the Religious Inquiry Exception to the Criminal Law, [Abstract], 44 Texas Tech. Law Review 239-257 (2011).
• Frank S. Ravitch, The Unbearable Lightness of Free Exercise under Smith: Exemptions, Dasein, and the More Nuanced Approach of the Japanese Supreme Court, [Abstract], 44 Texas Tech. Law Review 259-279 (2011).

1st Circuit: Bible In Jury Room, But Unconsulted, Does Not Require New Trial

In United States v. Rodriguez, (1st Cir., March 28, 2012), the U.S. 1st Circuit Court of Appeals rejected a convicted defendant's motion for a new trial based on discovery that a pocket-size New Testament Bible was found in the jury deliberation room. The district court had held a hearing on the matter, and the jury foreperson testified that the Bible was not discussed during jury deliberations, and she never even saw it open. The Court of Appeals held that this was a sufficient investigation to eliminate questions as to whether extrinsic information was used to improperly influence the jury. It was not an abuse of discretion for the trial judge, under the circumstances, to refuse to bring in every juror to question them on the matter. National Law Journal (3/30) reports on the decision.

Times Op Ed Questions Value of the Religious Diversity In the Presidential Race

Today's New York Times carries a lengthy op-ed by Ross Douthat titled Divided by God. He says in part:

In 2012, we finally have a presidential field whose diversity mirrors the diversity of American Christianity as a whole.....

This diversity is not necessarily a strength. The old Christian establishment — ... [the] Roman Catholic Church as well as the major Protestant denominations ... helped bind a vast and teeming nation together. It was the hierarchy, discipline and institutional continuity of mainline Protestantism and later Catholicism that built hospitals and schools, orphanages and universities, and assimilated generations of immigrants. At the same time, the kind of “mere Christianity” ... that the major denominations shared frequently provided a kind of invisible mortar for our culture and a framework for our great debates.

Today, that religious common ground has all but disappeared.

And the inescapability of religious polarization — whether it pits evangelicals against Mormons, the White House against the Catholic Church, or Rick Santorum against the secular press — during an election year that was expected to be all about the economy is a sign of what happens to a deeply religious country when its theological center cannot hold.

The full article is worth a read.

Obama's Weekly Address Focuses On Meaning of Easter

President Obama's weekly address yesterday (full text) extended Easter and Passover greetings to all those celebrating the holidays. His remarks focused primarily on the meaning of Easter. He said in part:

For me, and for countless other Christians, Easter weekend is a time to reflect and rejoice.  Yesterday, many of us took a few quiet moments to try and fathom the tremendous sacrifice Jesus made for all of us. Tomorrow, we will celebrate the resurrection of a savior who died so that we might live....

Christ’s triumph over death holds special meaning for Christians.  But all of us, no matter how or whether we believe, can identify with elements of His story.  The triumph of hope over despair.  Of faith over doubt. The notion that there is something out there that is bigger than ourselves.

These beliefs help unite Americans of all faiths and backgrounds.  They shape our values and guide our work.  They put our lives in perspective.

A video of the address is also available.

Appeals Court Dismisses Negligence Claim Against LDS Church and Volunteer Officials In Sex Abuse Case

In John Doe v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2012 Mass. App. Unpub. LEXIS 413 (MA App., April 3, 2012), a Massachusetts appeals court dismissed a suit alleging negligence and intentional infliction of emotional distress brought against the Mormon Church and certain volunteer clergy and mission presidents by a victim of childhood sexual abuse.  The abuse was committed by Kevin Curlew, a church member and volunteer babysitter at an informal church function. Miklos Jako, a non-member of the church, had warned two former missionaries of Curlew's past criminal convictions for sex abuse of children. The court said:

plaintiff's argument is that the church officials in Methuen "should have known" more, either because the internal communication of Jako's allegations should have been better relayed, or because the local ward or the stake should have done more to find out about Curlew, based on his status as a probationer ten years earlier. This duty can not arise as a matter of church membership.....

[T]he sole ground for the claim of intentional infliction of emotional distress ... is the fact that Doe saw Curlew at church on one occasion after he reported the abuse.... The decision to allow Curlew access to the church grounds and the reasons therefore inherently involves an assessment of Curlew's relationship with the church, and involve the secular review of ecclesiastical discipline and church doctrine. As such, we are prohibited from assigning liability to such actions.

Church's Cultural Center May Move Ahead With RLUIPA Equal Terms Claim

Victory Center v. City of Kelso, 2012 U.S. Dist. LEXIS 47890 (WD WA, April 4, 2012), is a challenge under RLUIPA, as well as the state and federal constitution, to Kelso, Washington's zoning regulations which kept an educational and cultural center affiliated with the Kelso Church of Truth from locating in an area zoned as pedestrian retail. The court held that the zoning regulations did not impose a substantial burden under RLUIPA on Victory Center's religious exercise, but that a factual question remains as to whether the city violated the equal terms provisions of RLUIPA in treating Victory Center differently than secular educational and cultural institutions. The court rejected Victory Center's 1st and 14th Amendment claims as well as its state constitutional claims. It also found that the city's community development director had qualified immunity.

California Federal Judge Says Same-Sex Spouse of Court Employee Entitled To Health Insurance Coverage

On Tuesday in San Francisco (CA), federal district judge James Ware, acting as administrator of the federal district court's employee dispute resolution program, ruled that denying law clerk Christopher Nathan the right to enroll his same-sex spouse in the government's health insurance program violates the court's guarantee of a discrimination-free workplace. According to the San Francisco Chronicle, Ware ordered reimbursement of Nathan for the cost of past and future private insurance for his spouse. The court's clerk, Richard Wieking, says that Ware's order is in conflict with a directive of the Administrative Office of the U.S. Courts requiring compliance with the Defense of Marriage Act.

Court Issues TRO To Permit Pre-Easter Christian Preaching to Muslims In Dearborn

Stand Up America Now is an organization created by Florida pastors Terry Jones and Wayne Sapp to "help in  proclaiming the Holy Bible of Jesus Christ to Muslims and to educate people about the threat of Shariah law to the fundamental freedoms of our nation."  They plan to speak and hand out fliers on Saturday, just before Easter, on a grassy area in Dearborn, Michigan that is open to the public and is across from the Dearborn Islamic Center. They applied for a permit, saying they expected 20 to 25 people to attend. However, before granting the permit, the city insisted that they sign an indemnification agreement as required by city ordinance. The agreement included a waiver of claims against the city even for violation of constitutional rights.  The pastors refused, and instead filed a motion (full text) for a temporary restraining order. In Stand Up America Now v. City of Dearborn, (ED MI, April 5, 2012), a Michigan federal district court granted the TRO, finding that plaintiffs:

are likely to succeed on their claim that the City of Dearborn’s ordinance requiring a “Hold and Harmless” agreement prior to holding an event, is unconstitutional and violates Plaintiffs’ First Amendment rights....

The City of Dearborn’s Ordinance No. 17-33 requires the sponsor of an event to sign an indemnification agreement with terms established by the legal department.... [A]n ordinance which grants an administrative body or government official unfettered discretion to regulate the licensing of activities protected by the First Amendment is unconstitutional....

Thomas More Law Center says that minutes before the order was issued, the city agreed to grant a permit without a Hold Harmless agreement, but plaintiffs still wanted the court to pass on the constitutionality of the requirement since it might be invoked in the future. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

NY Assistant Principal May Proceed With Charges of Anti-Semitism

In Weiss v. Department of Education of the City of New York, (SD NY, March 29, 2012), a New York federal district court permitted a former assistant principal to proceed with his hostile work environment and religious discrimination claims growing out of anti-Semitic comments by the school's principal. Among other things, plaintiff alleged that the principal referred to him several times as a "pork-eating Jew", and alleged that the principal threatened to fire him when he no longer wanted to work on Saturdays to observe the Sabbath. His 5-year probationary appointment at the School for Community Research and Learning was terminated after four years. Courthouse News Service reports on the decision.

Egyptian Court Sentences 17-Year Old For Insults To Islam On Facebook

Reuters reports that an Egyptian court on Wednesday sentenced 17-year old Gamal Abdou Massoud, a Coptic Christian, to the maximum 3-year penalty for publishing cartoons on Facebook that insulted Islam and the Prophet Muhammad. Massoud also distributed some of the cartoons to friends in the city of Assiut. The cartoons, posted in December, led to Muslim attacks on Christian homes.

Obama Sends Passover Greetings

Tonight begins the Jewish festival of Passover. Yesterday, the White House posted a video message from the President extending Passover wishes to all those celebrating the holiday. He also announced that he will again host a Seder at the White House, led by Jewish members of his staff.  Obama's Seder has become a tradition ever since an impromptu one was held in 2008 during his campaign in Pennsylvania.

Air Force Drops Course Reading That Encouraged Chapel Attendance

Military.com reports that last week, after receiving a letter from the Military Religious Freedom Foundation, the Air Force dropped a required reading from its online Squadron Officer School's course. At issue was a section of the reading titled “Spiritual and Ethical Responsibilities of the Leader." It said that officership carries with it moral responsibility and that the government expects officers’ conduct to reflect the ideals and values that our nation cherishes. It continued: "If you attend chapel regularly, both officers and airmen are likely to follow this example."

1st Circuit Hears Oral Arguments In Challenge To DOMA

The U.S. 1st Circuit Court of Appeals yesterday heard oral arguments in three cases challenging the constitutionality of the Defense of Marriage Act. The consolidated cases are Gill v. Office of Personnel Management, Hara v. Office of Personnel Management, and Commonwealth of Massachusetts v. U.S. Department of Health and Human Services.  In the cases, the district court held that DOMA was unconstitutional. (See prior posting.) Keen News Service, reporting on the arguments, points out that initially the Department of Justice filed an appeal of the district court decisions. However, one month later the Obama administration announced that it considers DOMA unconstitutional and would no longer defend it in court. The Republican leadership in the House of Representatives is defending the district court opinions in the 1st Circuit.  However, a Justice Department lawyer also argued, asking to court to apply strict scrutiny to DOMA, thereby making it likely to be struck down. The Justice Department, however, did defend DOMA against the state of Massachusetts' argument that it infringes the 10th Amendment. A recording of the oral arguments (except for a portion at th beginning not captured because of equipment problems, is available on the Court of Appeals' website.

Settlement Reached In Suit Over Distribution of Religious Fliers In Schools

Fox 23 News reports that a settlement has been reached in Owasso Kids for Christ v. Owasso Public Schools. In the suit, a Christian group that wants to share its religious message with students and parents sued in federal court complaining that they were not given the same access as other community organizations for distributing flyers and posting information in the Owasso, Oklahoma public schools. (See prior posting.)  During the litigation, the school had already changed its policy so that it no outside organization can send out fliers to parents, but all groups can post fliers on bulletin boards on place them on literature tables in the schools. Under the settlement the school's insurer will also pay $20,000 in plaintiff's legal fees. Last Friday the settlement was filed and the lawsuit was dropped.

Court Dismisses Faculty Suit Involving Baptist Theological Dispute

Alexandria (LA) Town Talk and a press release from Louisiana College report on a decision handed down last week by a Louisiana trial court in a suit by four former faculty members against Louisiana College. The school is a Biblically-based Baptist college located in Pineville, Louisiana. The faculty members sued claiming loss of academic freedom, among other things. Apparently they objected to the administration's interference with their courses in Religion and Values, and in particular the administration's objections to their using as a text Scott Peck, The Road Less Traveled. The suit was originally filed in 1995, but settled in 1997.  However it was refiled in 2005 after, according to plaintiffs, the defendants started spreading rumors about them in churches around the state.  Apparently at the core of the dispute is a theological disagreement over whether the Bible is the inerrant word of God. The court dismissed the case on Establishment Clause grounds, holding that deciding it would require the court to choose sides in a dispute over Baptist theology.

UPDATE: A copy of the full decision in Winbery v. Louisiana College, (LA Dist. Ct., March 28,2012) is now available. In the case, plaintiffs alleged both defamation and breach of agreement in violation of the College's by-laws and faculty handbook.  While finding that the ministerial exception does not apply to prevent the court's exercising jurisdiction, the court held that both of the claims would require it to delve into disputes over Baptist theology in violation of the Establishment Clause. [Thanks to Rob Luther for the copy of the decision.]

Court Narrows Claims Even More In Plano School "Candy Cane" Case

Earlier this year, in the long-running litigation over Plano, Texas Independent School District rules that, among other things, prevented a student from handing out candy canes with attached religious messages, a federal magistrate judge recommended that three plaintiffs be permitted to go forward, but only with their "as applied" challenge under the Texas Religious Freedom Restoration Act to the school's 2004 (as opposed to its 2005) policy. (See prior posting.) Now in Morgan v. Plano Independent School District, (ED TX, March 30, 2012), a Texas federal district court, reviewing the magistrate's recommendations, accepted them only in part. Instead of allowing three plaintiffs to move ahead with the "as applied" challenge to the 2004 policy, the court permitted only one of the plaintiffs (Jonathan Morgan) to do so. The court held that the other two plaintiffs had failed to give the 60-day advance notice required by TRFRA before filing suit. Courthouse News this week reported on the decision