Most Prisoners Receiving Kosher Food Are Not Jewish

The Forward today has an article exploring the large number of non-Jewish prisoners who are receiving kosher food in confinement. Estimates are that only 4,000 of the 24,000 inmates receiving kosher food in U.S. prisons are Jewish. Some of the other 20,000 are still religiously motivated, such as messianic Jews or Black Hebrew Israelites.  But according to the report, others have less sincere reasons:

Kosher food is a hot commodity in prisons for a number of reasons. Some prisoners simply think it tastes better; many others believe it is safer than standard-issue prison fare, according to prison chaplains and advocates. Kosher food also often comes prepackaged, making it easy to trade or sell among inmates.

In California, kosher food costs the prison $8 per day, as opposed to $3 per day for other meals.

Muslim Women Object To "Honor Killings" Conference Held By Anti-Muslim Activists

The Detroit Free Press reported that Muslim women in the Detroit area object to a conference held yesterday in Dearborn (MI) by anti-Muslim activists. The conference was organized by Pamela Geller. Called the "Jessica Mokdad Human Rights Conference on Honor Killings", the conference is named after a 20-year old Muslim woman who was killed by her stepfather last year. Prosecutors, who have charged the stepfather with first degree murder, say the killing was an attempt by the stepfather to prevent Mokdad from going public with the fact that her stepfather had been sexually abusing her. They say it had no cultural or religious element to it.  Several Arab-American groups organized a counter-conference nearby in Detroit yesterday, calling the counter-event "Rejecting Islamophobia: A Community Stand Against Hate."

White House Issues Agency Guidance For Faith-Based Partnerships

Last Friday, the White House issued the Recommendations of the Interagency Working Group on Faith-Based and Other Neighborhood Partnerships (full text) which provides federal agencies with guidance on carrying out Executive Order 13559 (Nov. 17, 2010)-- the executive order that adopted a number of recommendations of the President's faith-based task force. (See prior posting.) According to a posting on the White House website by Melissa Rogers, chair of the President's first faith-based Advisory Council, the new report gives agencies guidance on monitoring to avoid excessive government entanglement with religion; assuring that grants are made on the basis of merit and not because of religious affiliation; assuring that beneficiaries of federally funded social services have the option of a nonreligious provider; separating explicitly religious activities from programs that receive federal support, and transparency requirements. The guidance also covers special obligations of intermediaries that disburse federal aid; and training government employees and grant recipients on church-state rules. Blog From the Capital reports further on the new recommendations.

ACLU Questions Restrictive Covenants In Deed From Church To Town

According to Sunday's Boston Globe, the Wellesley (MA) Board of Selectmen has signed an agreement to purchase a Catholic Church site for the town in a contract that has drawn the attention of the Massachusetts ACLU. The town plans to use the land for a recreation center if the purchase is approved by a Town Meeting.  At issue, though, are religiously motivated restrictions that will be included in the deed that will prevent the town, for 90 years, from using the property as an embryonic stem cell research facility; as a facility where abortions, assisted suicide, or euthanasia would occur; as a professional counseling facility where abortion, assisted suicide, or euthanasia are advocated. Restrictions will also prevent the land from being used for a house of religious worship or for a school other than a public elementary, middle or high school. The archdiocese says these are all standard restrictions it includes in all property sales. An ACLU attorney says, however, that it is concerned that the arrangement allows a religious entity to control what the public can do in the future with property based on religious concerns.

Recent Articles of Interest

From SSRN:

• Caroline Mala Corbin, Expanding the Bob Jones Compromise, (Matters of Faith: Religious Experiences and Legal Responses in the United States, Austin Sarat, ed., Cambridge University Press, Forthcoming).
• Wilson Ray Huhn, The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking, (April 22, 2012).

From SmartCILP and elsewhere:

• Robert Audi, Natural Reason, Religious Conviction, and the Justification of Coercion in Democratic Societies, [Abstract], 4 Journal of Law, Philosophy & Culture. 1-28 (2009).
• Susanna Frederick Fischer, Catholic Social Teaching, the Rule of Law, and Copyright Protection, 4 Journal of Law, Philosophy & Culture 63-72 (2009).
• Haider Ala Hamoudi, Judicial Review of Islamic Law Under Iraq's Constitution, Jurist, April 2012.

Popular Egyptian Actor-Comedian Sentenced To 3 Months For Insulting Islam

AP reported Friday that an Egyptian court has sentenced a popular Egyptian film actor and comedian to 3 months in jail and a fine equivalent to $170 for insulting Islam in roles he played in some of his most popular movies.  Adel Imam was found guilty on the basis of his roles in "The Terrorist", "Terrorism and Kabab", and "Morgan Ahmad Morgan." The case against Imam is one of several brought by conservative lawyers in recent months against those they believe have offended Islam.

Recent Prisoner Free Exercise Cases

In McCoy v. Henderson, 2012 U.S. Dist. LEXIS 56101 (D KA, April 23, 2012), a Kansas federal district court dismissed (with leave to amend) an inmate's claim that he was denied a kosher diet. The inmate had purchased non-kosher food from the commissary.

In Allah v. Mac Sim Butler Detention Facility, 2012 U.S. Dist. LEXIS 56808 (MD AL, April 24, 2012), an Alabama federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 57262, March 27, 2012) and dismissed prior to the service of process claims by an inmate that his Bible was taken from him when he transferred institutions. The court also dismissed 8th and 14th Amendment claims based on denial to him of a vegetarian diet.

Muslim Court Employee's Claims Dismissed

In Huri v. Circuit Court, 2012 U.S. Dist. LEXIS 57961 (ND IL, April 25, 2012), an Illinois federal district court dismissed Title VII, free exercise, establishment clause and equal protection claims by a Muslim woman who worked as a Child Care Attendant in the Children's Advocacy Rooms of the Circuit Court of Cook County. Plaintiff, who wore a headscarf for religious reasons, alleged that her supervisor referred to himself an others as good Christians, that she was once involuntarily drawn into a Christian prayer circle conducted by her supervisor, and that she has been subjected to discriminatory treatment and a hostile work environment.

Simulating Legal Process Conviction Upheld

In Runningwolf v. State of Texas, (Ct. Crim. App., March 7, 2012), in an 8-1 decision, Texas' highest appeals court for criminal cases upheld the conviction of defendant for simulating legal process. Appellant had prepared a 10-page long document titled "Non-Statutory Abatement" directing Helen Jean Coleman to submit a child custody dispute to the authority of the ecclesiastic court sitting in Floydada, Texas. A state court had removed the child from her grandmother's home and awarded custody to Coleman, the child's great aunt.

Jury Awards Damages To Lesbian Employee Forced To Attend Religious Services That Condemned Her Sexual Orientation

In Mirella Salemi v. Gloria’s Tribeca, Inc., a New York state trial court jury awarded $400,000 in compensatory damages and $1.2 million in punitive damages to plaintiff who was a chef and manager of a restaurant and was constructively discharged.  According to a press release yesterday from plaintiff's attorneys, when restaurant owner Edward Globakar converted to Pentecostal Evangelical Christianity in 2004, he began closing the restaurant every Wednesday afternoon and forcing employees, including plaintiff who was a Catholic and a lesbian, to attend a prayer service which included condemnation of homosexuality. Also Globakar used slurs against homosexuals regularly at work, and  told plaintiff  to become more effeminate, marry a man and have children, or else she would go to hell.

Church Held Liable For Negligent Supervision of Youth Minister In Traffic Accident

The Louisville Courier-Journal reports that a Kentucky state trial court jury on Thursday found that Open Door Christian Center was negligent in supervising its former youth minister, Derek Coulter, and awarded damages against both the church and Coulter.  Thirteen-year old Jamie Mitchell was killed in an auto accident in which Coulter allowed the boy to drive after a campout that included ten members of the church youth group.  The church argued that the accident occurred on Coulter's day off on a campout that was not an official church trip, and that in any event it could not have foreseen that Coulter would let a youth drive.  However plaintiffs argued that the church should have known that Coulter had allowed at least eight youths to drive or steer his vehicle. The verdict included a $1 million wrongful death award against the church, which will be reduced by 20% because of Mitchell's contributory negligence. It also includes $150,000 to Mitchell's now divorced parents for loss of consortium, as well as $1 million assessed against Coulter personally for outrageous conduct. [Thanks to Joshua Denton for the lead.]

Taco Bell Franchisee Settles EEOC Suit On Religious Accommodation of Nazirite Employee

The EEOC announced yesterday that Family Foods, Inc., a North Carolina corporation that operates a chain  of Taco Bell restaurants has settled an EEOC lawsuit that had been brought against it charging that the company failed to accommodate the religious needs of a Nazirite employee whose religious beliefs prohibited him from cutting his hair. After Christopher Abbey worked at the restaurant for six years, the company informed him he could no longer work for the company unless he cut his hair to comply with its grooming policy. In the settlement, the company agreed to pay $27,000 in damages, adopt a formal religious accommodation policy, post a copy of its policy and conduct annual training on Title VII.

Sebelius Questioned On Constitutional Basis For Contraceptive Coverage Mandate

Catholic News Agency reports on the testimony of Health and Human Services Secretary Kathleen Sebelius' April 26 testimony at a hearing before the Education and Workforce Committee of the House of Representatives. While the hearing was to focus on the HHS budget, South Carolina Rep. Trey Gowdy  questioned Sebelius about the constitutional basis for the controversial mandate under the Affordable Care Act requiring health insurance policies to cover contraceptive services. (Video of questioning.) Gowdy questioned Sebelius about the level of scrutiny to be applied to actions that infringe religious exercise and about specific Supreme Court precedents. Sebelius responded that she is not a constitutional lawyer and that she relied on discussions with her Department's lawyers in developing the mandate.

Secularist Group Sues Country Club For Canceling Its Dinner

Center for Inquiry- Michigan, a secularist group, has filed suit in a Michigan federal district court against the Wyndgate Country Club in Rochester Hills (MI) alleging discrimination on the basis of religion in violation of federal and state civil rights laws. M Live today reports that the lawsuit was prompted by the country club's cancellation of a 100 seat, $95 per person dinner scheduled for last October featuring noted atheist Richard Dawkins. According to the complaint in the lawsuit, club employees notified the Center for Inquiry that its event was cancelled because the country club owner, Larry Winget, "does not wish to associate with certain individuals or philosophies."

Parish's Property Held In Trust For Episcopal Church

In Convention of the Protestant Episcopal Church in the Diocese of Tennessee v. Rector, Wardens and Vestrymen of St. Andrew's Parish, (TN App., April 25, 2012), a Tennessee appeals court held that property of a break-away parish, under the Episcopal Church's Dennis Canon as well as the Diocese's own governance documents, was held in trust by by the congregation for the Diocese of Tennessee. Despite arguments to the contrary by defendants, the court held that: "There is nothing in the language of the relevant documents to indicate that the hierarchical organization of the church is not applicable to the control and ownership of real property." The court concluded:

St. Andrew’s argument that courts must look only to the deed ignores the holdings of Tennessee and other courts that application of neutral principles of law in intrachurch property disputes includes consideration of church governing documents, not just the document transferring the property.

Suit Withdrawn After Good News Club Gets To Distribute Flyers To Students

Alliance Defense Fund announced yesterday that it had filed a Notice of Dismissal (full text) in Child Evangelism Fellowship Phoenix v. Dysart Unified School District, (D AZ, dismissal filed 4/26/ 2012).  Plaintiffs had filed suit in January (full text of complaint) challenging a school policy that allowed nonprofit organizations and community groups to distribute flyers in the schools, but excluding flyers "of a commercial, political or religious nature." According to the Notice of Dismissal:

7. Shortly after Plaintiffs filed their Complaint, the District approved the Plaintiffs’ requests to distribute Good News Club flyers at West Point Elementary and at another elementary school within the District where Plaintiffs were starting a Good News Club.

8. In addition, the District agreed to, and did on April 4, 2012, change Policies K-0900 and K-2300 so that they no longer expressly discriminate against religious speech and speakers, but instead grants them equal access to the District’s literature distribution forum.

U.S. Envoy Protests Anti-Semitism In Swedish City

The Forward reported yesterday that Hannah Rosenthal, the United States special envoy to monitor and combat anti-Semitism, held a meeting earlier this week with Ilmar Reepalu, mayor of the Swedish city of Malmo, to call attention to the anti-Semitism rampant in the city and the city's lack of adequate response to it. Malmö’s only rabbi, Shneur Kesselman, has been the victim of more than 50 anti-Semitic incidents during his 8 years serving the 760 members of the city's Jewish community. The anti-Semitism comes mainly from Muslims and anti-Israel activists in the city. Malmo has 45,000 Muslims, most of whom live n the eastern part of the city where the unemployment rate is 80%. The mayor has angered the city's Jewish community by saying it bears responsibility for the anti-Semitic attacks because it has not condemned Israeli treatment of Palestinians.

Pennsylvania Supreme Court Invalidates Broader Tax Exemptions For Religious Institutions

In Misivtah Eitz Chaim of Bobov v. Pike County Board of Assessment Appeals, (PA Sup. Ct., April 25, 2012), in a 4-3 decision, the Pennsylvania Supreme Court held that Act 55, a statute passed by the state legislature in 1997 in an attempt to expand the non-profit institutions entitled to real property tax exemptions violates the Pennsylvania constitution. At issue in the case was a tax exemption for a Jewish summer camp. The state constitution limits property tax exemptions to institutions of "purely public charity." Pa. Const. art. VIII, § 2(a)(v). The Pennsylvania Supreme Court in a 1985 case (Hospital Utilization Project v. Commonwealth) defined those institutions, holding that they must meet 5 criteria. One of those is that they must relieve the government of some of its burden. The legislature subsequently enacted Act 55 which defined relieving the government of some of its burden broadly. Included was any institution that "Advances or promotes religion and is owned and operated by a corporation or other entity as a religious ministry and otherwise satisfies the criteria" for a purely public charity. The majority held that this expansion goes beyond the definition set out in the Hospital Utilization Project case, and that Act 55 "cannot excuse the constitutional minimum."

The 3 dissenters in an opinion by Justice Saylor argued that the Court should give more deference to the legislature in interpreting the constitutional provision at issue. He wrote in part:

I would uphold the General Assembly’s reasonable policy determination that Act 55, with its broader definition of the ways in which an institution can demonstrate that it relieves the government of some of its burden ... serves to advance the morals and ethics of society....

[Thanks to Steven H. Sholk for the lead.] 

Delhi, India Will End Helmet Exemption For Women That Originated For Religious Reasons

The government of the national capital territory of Delhi, India told the Delhi High Court on Wednesday in response to a public interest lawsuit that it plans to end the exemption for women from the requirement to wear a helmet when riding on a motorcycle. According to India Today, the exemption had a religious origin. India's national Motor Vehicles Act (Sec. 129) requires all motorcycle riders-- except for Sikh men wearing turbans, and others exempted by State government rules-- to wear a helmet.  Just as Sikh men objected on religious grounds to helmets, so did Sikh women who can only wear a chunni. In Delhi, traffic police found it difficult to distinguish Sikh women from other women in enforcing the rule. So Delhi Motor Vehicles Rule 115 was adopted that made helmets optional for all women. That exemption will now be repealed within two months.

Egyptian Women's Group Protests Bills In Islamic Dominated Parliament

Al Arabiya News reported Wednesday that Egypt's National Council for Women is protesting proposed new laws being considered by the country's Islamic-dominated Parliament that will undermine women's rights. The most widely reported and inflammatory of the proposals (see reports in RT, London Mail), building on a fatwa issued last year by Moroccan cleric Zamzami Abdul Bari, would allow husbands to have sex with their deceased wives up to six hours after the wife's death. Apparently Bari said that since the marriage remains valid even after death, either spouse could have post-death intercourse with the other. A second proposed law that is of concern to women's rights activists is one that would allow girls to marry at the age of 14. Islamists also want to repeal the Islamic right to divorce law (Khula) enacted in Egypt over a decade ago that allows women to obtain a divorce without obstruction by their husband.

UPDATE: A number of media outlets now question the accuracy of the widely published report regarding a proposed law allowing post-death intercourse. The Daily Mail now quotes a source in the Egyptian Embassy in London as saying the report is completely false, and that even if the proposal existed it had not reached Parliament. According to Volokh Conspiracy, the original report was in Al Ahram, a paper controlled by the Egyptian military that has an interest in discrediting Islamists in Parliament. Al Aribiya that then picked up the story is controlled by Saudis who may also be concerned about Islamists gaining Parliamentary power.

Rhode Island City Will Likely Move Cross To Private Property Rather Than Litigate

AP reported yesterday that the mayor of Woonsocket, Rhode Island will likely move a cross that for over 90 years has been displayed as part of a memorial to American servicemen killed in France in World War I.  After a letter (full text) from the Freedom From Religion Foundation, the mayor says he may move the memorial from its present location in the firehouse parking lot to a more prominent location on private property.  City Council President John Ward said he believes the cross is more of a historical than a religious symbol, but the city cannot afford to litigate the issue. As reported in an FFRF press release, questions were also raised about the FireFighters Prayer and the picture of an angel on portions of the Fire Department's website. It is unclear how the city will respond to this.

Meanwhile, however, Woonsocket resident Jason LaRose who is a co-founder of Ocean State Atheists says he opposes moving the memorial. WJAR News quotes him as saying that the memorial does not promote Christianity, but "only represents the soldiers who were killed, who were most likely Catholics."

Ryan, Georgetown Faculty Joust Over Meaning of Catholic Social Teachings

Georgetown University today was the scene of an unusual debate over how to apply Catholic teachings to U.S. budget policy. Rep. Paul Ryan, chairman of the House Budget Committee delivered Georgetown's Whittington Lecture (full text of remarks). Ryan explained his budget proposals and justified them in light of Catholic social teachings, saying in part:

[S]ince we meet today at America’s first Catholic university, I feel it’s important to discuss how, as a Catholic in public life, my own personal thinking on these issues has been guided by my understanding of the Church’s social teaching.

Simply put, I do not believe that the preferential option for the poor means a preferential option for big government.... In this war on poverty, poverty is winning. We need a better approach.

To me, this approach should be based on the twin virtues of solidarity and subsidiarity – virtues that, when taken together, revitalize civil society instead of displacing it.

Government is one word for things we do together. But it is not the only word. We are a nation that prides itself on looking out for one another – and government has an important role to play in that. But relying on distant government bureaucracies to lead this effort just hasn’t worked.

....We aim to empower state and local governments, communities, and individuals – those closest to the problem. And we aim to promote opportunity and upward mobility by strengthening job training programs, to help those who have fallen on hard times.

Before Ryan's speech, nearly 90 Georgetown faculty and administrators sent him a letter objecting to his attempts to use Catholic doctrine to justify his budget. (Huffington Post). The letter (full text) says in part:

[W]e would be remiss in our duty to you and our students if we did not challenge your continuing misuse of Catholic teaching to defend a budget plan that decimates food programs for struggling families, radically weakens protections for the elderly and sick, and gives more tax breaks to the wealthiest few..... In short, your budget appears to reflect the values of your favorite philosopher, Ayn Rand, rather than the Gospel of Jesus Christ. Her call to selfishness and her antagonism toward religion are antithetical to the Gospel values of compassion and love....

While you often appeal to Catholic teaching on “subsidiarity” as a rationale for gutting government programs, you are profoundly misreading Church teaching. Subsidiarity is not a free pass to dismantle government programs and abandon the poor to their own devices. This often misused Catholic principle cuts both ways. It calls for solutions to be enacted as close to the level of local communities as possible. But it also demands that higher levels of government provide help -- “subsidium”-- when communities and local governments face problems beyond their means to address...

6th Circuit: Evangelist Has Standing; Campus Speaker Rule Unreasonable

McGlone v. Bell, (6th Cir., April 23, 2012), is a challenge by  Christian evangelist John McGlone to rules at Tennessee Technological University that require non-affiliated individuals and groups to obtain permission to speak on certain parts of the campus through a procedure that requires 14-days advance notice.  McGlone visited campus to speak with students one-on-one and in small groups, distribute literature and display signs, but was told he could only do so at one rather isolated location on campus. When he spoke elsewhere on campus, he was threatened with arrest. Reversing the district court (see prior posting), the U.S. 6th Circuit Court of Appeals held that McGlone has standing to challenge the campus rules, even though he had not applied for a permit. It went on to hold that perimeter sidewalks on the University's campus are traditional public forums, and other open spaces on campus are designated public forums. It held that the University's advance notice requirements are unreasonable, and vacated the district court's denial of a preliminary injunction.

Suit Challenges Property Tax Treatment of Churches vs. Non-Profits

A lawsuit filed in state court in Maine this week challenges the treatment under the state's property tax law of houses of worship as opposed to other charitable and benevolent non-profits.  At issue, according to a release from Alliance Defense Fund, is a decision by the city of Rockland to grant a local church a tax exemption only for its building and not for the parsonage it owns or for its parking lot. Apparently the parsonage is now being used for the pastor of a different church.  All property of non-profits formed for charitable and benevolent purposes is tax exempt. Houses of worship get exemptions only for their main building, certain personal property and for the parsonage for their cleric up to $20,000. (36 MRSA Sec. 652). The complaint (full text) in Aldersgate United Methodist Church v. City of Rockland, Maine, (ME Super. Ct., filed 4/23/2012), claims that the church should have been granted an exemption as a charitable and benevolent institution, given its services to the community.  The suit alleges that treating the church differently violates the equal protection clause and the free exercise and establishment clauses of the U.S. Constitution. [Thanks to Rick Duncan via Religionlaw for the lead.]

Russian Muslim Leaders Oppose Shariah Court Demand

RT reports that the Russian Interior Ministry is investigating a controversial televised interview of Chechen lawyer Dagir Khasavov who told REN TV that authorities should legalize shariah courts or face violence and bloodshed. The head of the Yabloko party says that Khasavov's statements violate provisions of the Russian Penal Code that prohibit extremism and sowing of national hatred. Top Muslim leaders in the country told Interfax that they do not support Khasavov's proposal. Talgat Tajuddin, the head of the Central Spiritual Muslim Board, said that religion and state are separate in Russia and Muslims should use the secular courts just as other Russians do. He said that Muslim leaders already advise believers on what shariah law requires as to religious, family and inheritance issues. Albir Krganov, head of the Moscow Muslim Board, commented that Russians associate shariah courts with stonings and other cruel executions performed in Chechnya when it was run by terrorists.

Suit Challenges Catholic School's Dismissal of Teacher Undergoing IVF

Emily Herx, a former teacher in a Catholic elementary school in Ft. Wayne, Indiana has filed a federal lawsuit alleging that the diocese of Fort Wayne-South Bend violated her civil rights when St. Vincent de Paul school fired her for undergoing in vitro fertilization treatments.  The EEOC has already issued Herx a right-to-sue letter.  According to yesterday's Ft. Wayne News Sentinel the lawsuit alleges that the priest who headed St. Vincent de Paul church told Herx that she was a "grave, immoral sinner" and that it would cause a "scandal" if anyone found out. IVF violates Catholic teachings because excess embryos are often disposed of or frozen. In a statement after the lawsuit was filed, the diocese said:

The Diocese has clear policies requiring that teachers in its schools must, as a condition of employment, have a knowledge of and respect for the Catholic faith, and abide by the tenets of the Catholic Church as those tenets apply to that person. The Diocese requires that its teachers serve as moral exemplars. Those requirements, and others, are expressly incorporated into Diocesan teacher contracts.

It also said:

the Diocese views the core issue raised in this lawsuit as a challenge to the Diocese’s right, as a religious employer, to make religious based decisions consistent with its religious standards on an impartial basis.

Challenge To Cemetery Zoning Restrictions Move Ahead

In Roman Catholic Diocese of Rockville Center, N.Y. v. Incorporated Village of Old Westbury, 2012 U.S. Dist. LEXIS 56694 (ED NY, April 23, 2012), a New York federal district court permitted plaintiff to file an amended complaint challenging the restrictions the village imposed on its developing a 97 acre tract of land as a cemetery. The amended complaint alleges RLUIPA, free exercise and equal protection violations. (See prior related posting.)

Sunrise Rock Memorial Case Finally Settled

The long-running litigation over the cross on Sunrise Rock in the Mojave Desert Veterans' Memorial is finally over. The case had been remanded to the district court by a fragmented U.S. Supreme Court decision in 2010. (See prior posting.) A California federal district court judge on Monday issued an order (full text) approving a settlement agreement (full text) under which the parties agree to implement a land transfer authorized by Congress in 2004. (117 Stat. at 1100). Under the agreement, a one acre parcel of land on Sunrise Rock will be transferred to the Veterans of Foreign Wars in exchange for a different donated 5-acre parcel that is of equal value. The National Park Service will install a fence around the one-acre on Sunrise Rock and install signage on each side indicating that the land is private property.  The National Park Service will also install a replica of the original memorial plaque on Sunrise Rock, but will not acquire a replica of the original cross. The National Park Service will not install other plaques regarding the cross or the veterans memorial, but may publicize information about it in brochures and on maps. AP reports on the settlement.

D.C. Board Approves Hebrew Language Charter School

The Washington Post reports that on Monday, the D.C. Public Charter School Board approved 4 new charter schools, including a pre-K through 5 Hebrew language public charter school called the Sela school. In Tuesday's Washington Post, Rabbi Shmuel Herzfeld published an op-ed applauding the approval. He stresses that the school's curriculum will be secular, but points out that the Hebrew foundation will be important for Jewish students who decide to pursue after-school religious studies. He explains: "Instead of focusing on language skills, which can be challenging for even the most gifted teacher, the after-school experience can now focus on spirituality and the joy of Judaism."

New Libyan Law Bans Religion-Based Political Parties

Libya's Transnational Council yesterday adopted legislation governing the formation of political parties. Parties have been banned for decades under the rule of Moamer Kadhafi. According to Star Africa, political parties may not be built on regional tribal or religious affiliations. Council member Fathi Baja says the new law is not aimed at moderate Islamists, but is intended to exclude more radical elements "whose politics exclude others." Under the new law, Libya's Muslim Brotherhood will not participate directly in the election, but instead will focus on social development.

Scientology Lawsuit Settled, Apparently With Agreement For No Comment

Yesterday's Tampa Bay Times reports that a settlement has been reached in a lawsuit originally filed by the Church of Scientology against a former long-time official and her husband who the Church claims violated a confidentiality agreement by sending out e-mails to thousands of Scientologists criticizing the Church's operations.  However, the suit backfired on the Church when, at a February hearing on a temporary injunction in a Texas state court, defendant Debbie Cook described physical abuse and detention of Scientology adherents. This led the Church to withdraw its request for a temporary injunction in its lawsuit. (See prior posting.) Cook and her husband Wayne Baumgarten claim that the confidentiality agreements should be voided because of the extreme duress they suffered before they left Scientology's Sea Org. Now however the suit has been dismissed, apparently with an agreement that neither side will speak about any aspect of the case.

Brooklyn DA's Office, Citing Victim Protection, Refuses To Release Names of Hasidic Men Charged With Sex Crimes

The Forward reports today that its request under New York's Freedom of Information Law for the Brooklyn District Attorney's Office to release of the names of 85 Orthodox Jewish men who have been arrested on sex charges during the past three years has been refused. In a letter to the Forward, the prosecutor's office wrote: "Because all of the requested defendant names relate to Hasidic men who are alleged to have committed sex crimes against Hasidic victims within a very tight-knit and insular Brooklyn community, there is a significant danger that the disclosure of the defendants’ names would lead members of that community to discern the identities of the victims." The letter also raised concerns that disclosure leading to identifying the victims could interfere with the operation of its special hot line (called Kol Tzedek, or Voice of Justice) set up three years ago to encourage Orthodox Jewish abuse victims to report abuse to authorities.

Role of Islam Becomes Important Issue In Egypt's Presidential Race

In a front-page story today, the New York Times reports that Egypt's presidential race is increasingly becoming a contest over the place of Islam in the new Egypt.  One leading candidate, Mohamed Morsi of the Muslim Brotherhood (who claims to be the only true Islamist in the presidential race) says: "The Koran is our constitution, and Shariah is our guide!" Morsi, who received a Ph.D. in engineering from the University of Southern California has been the spokesman for the Muslim Brotherhood's political wing.  He has two main challengers. Abdel Moneim Aboul Fotouh is now the leading proponent of liberal values in the presidential contest. He was expelled from the Muslim Brotherhood last year for advocating a more pluralistic approach to Islam and Egypt. Fotouh, a physician, led the doctor's group that ran field hospitals during the demonstrations that overthrew Hosni Mubarak. The third important contender in the presidential race is former foreign minister Amr Moussa, who says that Egypt cannot afford an experiment in Islamic democracy.

Jewish Groups Divided Over Broad Use Of Title VI Against Colleges

The Chronicle of Higher Education this week carries a long article detailing the spit in views between various Jewish organizations on how broadly Title VI of the 1964 Civil Rights Act should be used to combat anti-Semitism on college campuses.  At the center of the debate is the question of when graphic anti-Israel demonstrations cross the line from protected speech to anti-Semitic threats.  The issue has been focused by a resolution that will be considered next month at the Plenum of the Jewish Council on Public Affairs which urges careful consideration of 1st Amendment concerns in filing Title VI complaints against anti-Israel activity. (See prior related posting.)

Obama, Commemorating Holocaust, Announces New Steps Against Mass Atrocities

President Obama spoke yesterday at the U.S. Holocaust Memorial Museum's ceremony marking this year's Days of Remembrance of victims of the Holocaust. (Full text of speech). Obama used the occasion to announce new steps the U.S. government has taken to prevent and respond to mass atrocities around the world. He said in part:

We’re making sure that the United States government has the structures, the mechanisms to better prevent and respond to mass atrocities.  So I created the first-ever White House position dedicated to this task.  It’s why I created a new Atrocities Prevention Board, to bring together senior officials from across our government to focus on this critical mission.  This is not an afterthought.  This is not a sideline in our foreign policy.  The board will convene for the first.... 

The intelligence community will prepare ... the first-ever National Intelligence Estimate on the risk of mass atrocities and genocide.  We're going to institutionalize the focus on this issue....  Our Treasury Department will work to more quickly deploy its financial tools to block the flow of money to abusive regimes.  Our military will take additional steps to incorporate the prevention of atrocities into its doctrine and its planning.  And the State Department will increase its ability to surge our diplomats and experts in a crisis.  USAID will invite people and high-tech companies to help create new technologies to quickly expose violations of human rights.  And we’ll work with other nations so the burden is better shared -- because this is a global responsibility.

 In short, we need to be doing everything we can to prevent and respond to these kinds of atrocities -- because national sovereignty is never a license to slaughter your people.

Russian Orthodox Church Responds To Perceived Secularist Challenges

According to yesterday's Christian Science Monitor in an article titled Is Russia's Orthodox Church Privileged or Persecuted?, special services were held across Russia on Sunday to support the Russian Orthodox Church that says its reputation and the country's faith are being attacked by irreligious social forces.  The service in Moscow's Cathedral of Christ the Savior, led by Patriarch Kirill, drew 50,000 people. The Church's concern about secularization was triggered by an incident in February in which a women's punk rock band, provocatively calling itself Pussy Riot, entered the nearly empty Christ the Savior Cathedral and performed an obscene "punk prayer." The arrest of three members of the band has set off widespread discussion of the role of the Church, its close ties to the government and the use of anti-extremist laws to protect the Church from criticism.  Also, the wealthy lifestyle of Patriarch Kirill has come under attack, including a blogger's claim that Kirill wore a $40,000 wristwatch. A photo of Kirill wearing it was found on a Church website. The Church then airbrushed out the watch, but forgot to also airbrush its reflection in a polished oak table in a photo that went viral online. [Thanks to Alliance Alert for the lead.]

Shrine Rejects Tourism Grant Over Secularism Requirement

The Gloversville (NY) Leader-Herald reported Sunday that the Shrine of Our Lady of Martyrs has turned down a tourism grant from Montgomery County (NY) after the county's Economic Development and Planning Committee voted to add a requirement that all tourism grant funds be used only for secular purposes.The grant was intended to subsidize the planned Oct. 21 ceremony conferring sainthood on Kateri, a member of the Mohawk tribe who was born in 1656 near present-day Auriesville (NY). A spokesman for the shrine said: "We can't sign anything with those conditions. We're not a secular organization. We are who we are, and we're not going to compromise, dilute or disintegrate that." It is expected that some 5,000 people will travel to Auriesville for the canonization ceremony

Sidebar Religous References Do Not Call For Sanctions Against Judge

In a Stipulation (full text) filed last week with the Florida Supreme Court by counsel for the Florida Judicial Qualifications Commission and trial court judge William Singbush, Judge Singbush admitted charges against him of habitual tardiness, He will write a letter of apology and receive a public reprimand. However the parties agreed that a second charge that Singbush made inappropriate religious references at a sidebar conversation was an isolated incident and will not lead to additional sanctions. In the religious comments at issue, Singbush said: "I don’t know of anybody that’s made a mistake – and except for perhaps one, and for that we murdered him. You know, he was faultless and we murdered him for it. That’s not politically correct but I happen to believe in God…Christ is the intercessor." AP reports on these developments.

Indonesian Task Force Head Wants To Define Miniskirts As Pornographic

In Indonesia, religious affairs minister Suryadharma Ali is heading a new task force set up to enforce a strict anti-pornography law that was enacted in 2008 with the backing of Islamic parties. (Background.) According to The National today, Suryadharma wants to draw up "a set of universal criteria" on what constitutes pornography. He says it would include women wearing skirts above the knee. The law imposes a penalty of up to 12 years in prison for "pictures, sketches, photos, writing, voice, sound, moving picture, animation, cartoons, conversation, gestures, or other communications shown in public with salacious content or sexual exploitation that violate the moral values of society." Suryadharma's proposal follows a threat by Parliament's speaker Marzuki Alie to exclude female politicians wearing short skirts.

Recent Articles of Interest

From SSRN:

• Samuel J. Levine, RLT: A Preliminary Examination of Religious Legal Theory as a Movement, (85 St. John's Law Review 579, 2011).
• Herbert J. Hovenkamp, The Classical American State and the Regulation of Morals, (April 18, 2012).
• Robert C. Blitt, Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, (University of Tennessee Legal Studies Research Paper No. 182, April 2012).
• Mark James Findlay, Representing Genocide: Crime, Rights and the Impact of Judicial Intervention, (Sydney Law School Research Paper No. 12/22, April 2012).

From SmartCILP:

• Qasim Rashid, Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution of the Ahmadiyya Muslim Community Violates the International Covenant on Civil and Political Rights, 11 Richmond Journal of Global Law & Business 1-42 (2011).

Recent Prisoner Free Exercise Cases

In Foster v. Zamora, 2012 U.S. Dist. LEXIS 52588 (ED CA, April 13, 2012), a California federal magistrate judge dismissed an inmate's complaint that despite winning administrative appeals, his attempt to use natural herbal and holistic remedies and medicines as part of his religious beliefs has not been honored.

In Mickens v. Lindley, 2012 U.S. Dist. LEXIS 52267 (WD PA, April 13, 2012), a Pennsylvania federal district court adopted a magistrate's recommendations (Mickens v. SCI Greene C.E.R.T. Team Supervisor, 2012 U.S. Dist. LEXIS 52265, March 19, 2012) and dismissed federal and state claims against various defendants by a former inmate who complained that his Qur'an was damaged during a search of his cell.

In Jenner v. Sokol, 2012 U.S. Dist. LEXIS 53513 (D CO, April 17, 2012), a Colorado federal district court adopted in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 53514, Jan. 4, 2012) and dismissed an Jewish inmate's complaint that authorities permitted insincere practitioners of Judaism to participate in Passover services. The court permitted plaintiff to move ahead with claims that the was prevented entirely from conducting religious services and prevented from purchasing religious food and items for observance of various Jewish holidays.

In Wilson v. Depolo, 2012 U.S. Dist. LEXIS 54988 (ND NY, April 19, 2012), a New York federal district court adopted a magistrate's recommendations (Wilson v. Woodbourne Correctional Facility, 2012 U.S. Dist. LEXIS 54989, March 21, 2012) and dismissed an inmate's 1st Amendment and RLUIPA claims that a corrections officer who does not like Muslims delayed one of his Ramadan meals for 1 1/2 hours.

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.