India's Supreme Court Orders Phase Out of Hajj Subsidy

According to Calcutta's The Telegraph, a two-judge bench of India's Supreme Court yesterday ordered the government to phase out over ten years the government's subsidy for Hajj pilgrims, even though another bench of the Supreme Court had previously held the subsidy constitutional. Currently the government subsidizes each pilgrim the equivalent of $730 (US). The court yesterday apparently based its decision largely on the fact that the Qur'an required Muslims to use only their own funds for making the Hajj. Several Muslim leaders welcomed the decision, some saying that the subsidies benefit Air India more than the pilgrims, and that more competition among airlines could lower the cost. The court yesterday also asked the Haj Committee of India and the state Haj committees to explain further the method they use to select pilgrims. The committees have two months to file a reply.

Catholic Business Group Challenges Health Insurance Mandate

Another federal court lawsuit was filed this week challenging the Obama administration's mandate under the Affordable Care Act requiring that health insurance policies fully cover contraceptive services. The suit was filed by Legatus, an organization of Catholic business owners and CEOs, as well as by a member of the organization and his company. The complaint (full text) in Legatus v. Sebelius, (ED MI, filed 5/7/2012) claims that the Mandate violates the free exercise and Establishment clauses, infringes free speech rights and violates RFRA and the Administrative Procedure Act. The complaint alleges:

Complying with the Mandate requires a direct violation of the Plaintiffs’ religious beliefs because it would require Plaintiffs to pay for and assist others in paying for or obtaining  not only contraception, but also abortion, because certain drugs and devices such as the “morning-after pill,” “Plan B,” and “ella” come within the Mandate’s and Health Resources and Services Administration’s definition of “Food and Drug Administration-approved contraceptive methods” despite their known abortifacient mechanisms of action.

The Thomas More Law Center issued a press release announcing the filing of the lawsuit.

Algeria's Election Commission Warns Against Use of Religion In Campaign

In Algeria, the National Legislative Election Monitoring Commission has warned Islamist groups that the country's law on political parties prohibits the use of religion for political ends.  According to Magharebia yesterday, the Commission is concerned about Islamist candidates using religious references in their speeches. Meanwhile, the Religious Affairs Ministry has urged imams to remain neutral in tomorrow's legislative election, saying they are exploiting the office of imam by becoming involved in political arguments. The Religious Affairs Minister has called for daily reports of any recorded wrongdoing, whether by imams or political parties. In the 1990's a civil war in Algeria between the government and the Islamic Salvation Army killed over 150,000 people.

New USCIRF Commissioner Appointed; Child of Holocaust Surviviors

On May 1, former House of Representatives member Sam Gejdenson was appointed by  House Minority Leader Nancy Pelosi to a vacancy on the U.S. Commission on International Religious Freedom. (USCIRF press release.)  Gejdenson is the child of Holocaust survivors, having been born in 1948 in a U.S. displaced persons camp in Eschwege, Germany. While serving in Congress, Gejeenson co-authored the Trafficking Victims Protection Act.

Summary Judgment Denied To Defendants In RLUIPA Zoning Case

In Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, (ND IL, April 12, 2012), an Illinois federal district court refused to grant summary judgment to defendants in a RLUIPA case in which the parties disagreed over what the zoning designation was for the area in which a church leased land on which it wished to build.  The city claimed that the area is not zoned for churches, and that the zoning designation of the area was merely incorrectly left off the county's zoning map. The court said:

This  case,  then,  turns  on  the  issue  of  what  the  property leased was zoned:  B-2 (Community Retail) or B-4 (Commercial Urban Development).  Both sides agree churches are allowed in the latter, but not in the former.  If it is the former, the church was not substantially burdened merely by the fact that it was not allowed to locate wherever it chose.  If  it  is  zoned  B-4, the Village’s  refusal  to  accept building permit application and architectural drawings, and forcing the  church  to  either  apply  for  a  SUP [special use permit]  or  go  to  court,  may  have substantially burdened the Plaintiff in violation of RLUIPA.

See prior related posting.

Judge Suggests Mediator Consider a "6 Commandments" Solution

As previously reported, last September the ACLU filed a lawsuit against the Giles County, Virginia school board challenging a display of historical documents including the Ten Commandments in one of the county's high schools.  NECN News reported yesterday that federal district judge Michael Urbanski sent the case into mediation, suggesting that the parties consider whether the display could be modified by leaving out the four Commandments that mention God.

Allocation of Playing Fields Did Not Violate Establishment Clause

In Rogers v. Mulholland, (D RI, May 4, 2012), a Rhode Island federal district court rejected claims by municipal taxpayers that the city of Pawtucket violated the Establishment Clause in the way it allocated use of publicly owned athletic fields for use by private religious schools. The court said in part:

There is no evidence that the fields are used for anything other than a purely secular purpose. The sectarian school students are receiving a benefit available to all junior high and high school students in the City. Public schools receive preferential assignments for all games. The Court concludes that a reasonable observer aware of the relevant circumstances and context of the City's conduct would not perceive a message of governmental endorsement or sponsorship of religion.

Guantanamo Proceedings Begin With Attorney In Hijab and Delay For Prayer

Facing the action by Congress blocking the trial of Guantanamo Bay inmates on U.S. soil, yesterday five inmates charged with the 9/11 attacks were arraigned in a military tribunal at Guantanamo.  The London Daily Mail reports that Walid bin Attash's attorney Cheryl Bormann, appeared in court wearing a Hijab (Islamic head scarf). She later explained that her client insists  she wear this clothing, and she always does so around him.  She also requested that other women at the hearing dress similarly so that the defendants do not have to avert their eyes "for fear of committing a sin under their faith."  At one point during the hearing defendant Ramzi Binalshibh delayed the proceedings by standing up and then kneeling on the courtroom floor and praying for several minutes, with a row of guards keeping close watch.

Australian State Supreme Court Upholds Prison Sentence For Anti-Semitic Statements and Internet Postings

In O'Connell v. State of Western Australia, (Sup. Ct. W. Aust., May 4, 2012), the Supreme Court of Western Australia upheld the conviction and 3-year sentence (with eligibility for parole) of Australian Brendon O'Connell for harassing a member of a racial group and for promoting animosity toward a racial group. The convictions stemmed from anti-Semitic statements that defendant published on the Internet, as well as statements made directly to Elliot Keyser who was president of the Western Australian Union of Jewish Students. O'Connell engaged in a heated confrontation with Keyser during a protest by Friends of Palestine over a supermarket's sale of Jaffa oranges imported from Israel. O'Connell then posted video footage online accusing Jews, in vivid language, of killing anyone who stood up to them. O'Connell was also prosecuted for blog postings he placed online after he was charged in connection with the video footage.  JTA reports that the prison sentence is the first under Western Australia's racial vilification laws. O'Connell had gone on a hunger strike in an attempt to get the court to hear his appeal.

Jury Awards $5.12 M In Employment Discrimination Suit Against AT&T

AP reports that last Thursday, a state trial court jury in Kansas City, Missouri awarded a Muslim woman $120,000 in lost wages and other actual damages, and punitive damages of $5 million, against AT&T in the largest employment discrimination award in Missouri history.  Susan Bashir, who worked as a fiber optics network builder for ten years converted to Islam in 2005. She was harassed constantly about her religion, and in 2008 her boss pulled off her headscarf and exposed her hair in an encounter over the fact that she had filed an employment discrimination complaint with the EEOC. She became so stressed that she could not return to work, and she was fired after being off the job for nine months.

Recent Articles of Interest

From SSRN:

• Mark L. Movsesian, The Price of Ottoman Failure, (April 27, 2012).
• Cyra Akila Choudhury, Between Tradition and Progress: A Comparative Perspective on Polygamy in the United States and India, (University of Colorado Law Review, Vol. 83, No. 4, 2012).
• Kenneth L. Marcus, Three Conceptions of Religious Freedom, (May 4, 2012).

From SmartCILP:

• Dwight Bashir, Dean Fred F. Herzog Memorial Lecture. Religious Freedom under Assault in the Middle East: An Imperative for the U.S. and International Community to Hold Governments to Account, 45 John Marshall Law Review xxiii-xlii (2011).

Recent Prisoner Free Exercise Cases

In Eubanks v. Lempke, (2d Cir., May 1, 2012), the 2nd Circuit rejected an inmate's claim that his conviction was invalid because the verdict against him was read on a Friday when he was absent from the courtroom for religious reasons. As defendant, he had never requested an adjournment or accommodation.

In Williams v. King, 2012 U.S. Dist. LEXIS 60847 (SD NY, April 24, 2012), a New York federal district court refused to permit an inmate to add the former prison superintendent as a defendant in his complaint that his request to change the Shiite Muslim staff adviser was denied, but permitted him to proceed against other defendants on his claim of retaliation for filing a religious grievance.

In Watkins v. Haynes, 2012 U.S. Dist. LEXIS 61729 (SD GA, May 2, 2012), a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61726) and dismissed official capacity claims, but permitted plaintiff to proceed with individual capacity claims against officials at his former prison that he was denied meals that were consistent with his Rastafarian beliefs.

In Hargrove v. Johnson, 2012 U.S. Dist. LEXIS 61279 (MD GA, May 2, 2012), a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61281, March 30, 2012) and permitted an inmate to proceed against certain defendants on his complaint that Muslims were not allowed to congregate religiously in the dorms.

In Hall v. Martin, 2012 U.S. Dist. LEXIS 60405 (WD MI, May 1, 2012), a Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61697, March 15, 2012), and rejected an inmate's complaint that no separate religious services were provided for Messianic Jews.

In Dominguez v. Department of Mental Health, 2012 U.S. Dist. LEXIS 62305 (ED CA, May 3, 2012), a California federal magistrate judge recommended dismissing the Department of Mental Health as a defendant in a suit by a Native American inmate that his right to practice his religion had been violated.

Tennessee Governor To Veto Bill Aimed At Vanderbilt's All-Comers Rule

The Tennessean reported last week that Tennessee Gov. Bill Haslam will exercise his first veto of legislation by vetoing HB3576/SB3597, a bill that targets Vanderbilt University's "all comers" policy.  That anti-discrimination policy precludes recognized student religious organizations from requiring that members or leaders share the group's religious beliefs. The original version of the bill barred state universities from adopting a similar rule.  However a later amendment provided that Vanderbilt, a private institution, could continue its all-comers policy only if it also required fraternities and sororities to accept all students who apply as members. Governor Haslam, in a statement quoted by The Tennessean said: "Although I disagree with Vanderbilt’s policy, as someone who strongly believes in limited government, I think it is inappropriate for government to mandate the policies of a private institution." [Thanks to Blog from the Capital for the lead.]

Group Says E-mail of Department Head's Prayer To Employees Violated Establishment Clause

The Freedom From Religion Foundation has written Florida governor Rick Scott complaining about an e-mail sent by Department of Children and Families Secretary David Wilkins to all department employees. (Full text of letter.) The Miami Herald reported yesterday that Wilkins sent employees a copy of a long prayer that he delivered at the National Day of Prayer observance at the Florida Capitol. (The Herald article contains the full text of the prayer.) The FFRF letter argues that the e-mail "gives the appearance of government endorsement of Christianity."  A Department of Children and Families spokesman, however, said that the e-mail is merely "a continuation of the ongoing dialogue the Secretary has with employees to share details about public appearances and agency activities."

New Zambian Draft Constitution Has Lengthy Religious Freedom Provisions

In Zambia, on April 30, Justice Annel Silungwe, chairman of the Technical Committee on Drafting the Zambian Constitution released for public comment the first draft (full text) of a new Zambian Constitution. The draft Constitution includes unusually long provisions on freedom of religion. The 320 article document begins with the following:

WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:

ACKNOWLEDGE the supremacy of God Almighty;

DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that person’s freedom of conscience or religion;

UPHOLD the human rights and fundamental freedoms of every person and recognise the equal worth of different communities in our Nation;

Article 35 of the draft then provides:

35. (1) A  person has the right to freedom of  conscience, religion, thought, belief and opinion.

(2) A person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, observance, practice or teaching.

(3) Clause (2) does not extend to- (a) anti-Christian teaching and practice; (b) propaganda to incite religious wars; and (c) any conduct that infringes  the enjoyment of  religious freedoms by others.

(4) A religious community shall be entitled, at its own expense, to establish, maintain and manage educational institutions, facilities and programmes for, and to provide religious instruction to, members of that community.

(5) Religious  observance and instruction may be conducted at State or State-aided institutions as long as -
(a) the facilities  for that religious observance and instruction at  that institution are made available on an equitable basis, having regard to the beliefs of the population served by that institution; and
(b) attendance, observance or instruction is  voluntary.

(6) A person shall not be deprived of access to any institution, employment or facility, or the enjoyment of any right or freedom because of that individual’s religious beliefs.

(7) A person shall not be compelled –
(a) to take an oath that is contrary to that individual’s religion or belief or that involves expressing a belief that the individual does not hold;
(b) to take an oath in a manner that is contrary to that individual’s religion or belief;
(c) to receive instruction in a religion that is not that individual’s religion or to attend a ceremony or observance of that religion;
(d) by a public body or public officer to disclose that individual’s religious conviction or belief; or
(e) to do any other act that is contrary to that individual’s religion or belief.

Voice of America reports on other aspects of the new draft.

Texas Church Wins In Settlement of RLUIPA Case

Becket Fund announced this week that a settlement has been reached in the RLUIPA lawsuit brought by Elijah Group (a church) against the city of Leon Valley, Texas.  Last year the 5th Circuit held that the city's zoning law that prohibits churches from operating in areas zoned for business violates the equal terms clause of the Religious Land Use and Institutionalized Persons Act (See prior posting.) Under the settlement, the city will allow the church to continue to meet on the property it leases, and the city will also pay $250,000 for the church's legal fees.

Free Exercise Clause Does Not Bar Court From Deciding Whether Trade Secret Was Misappropriated

Art of Living Foundation v. Does, 2012 U.S. Dist. LEXIS 61582 (ND CA, May 1, 2012) is a copyright infringement and trade secret misappropriation case brought by foundation that teaches the wellness and spiritual lessons of Ravi Shankar, including courses on breathing, meditation, and yoga. One of the defendants posted copies of the Foundation's teaching materials on his blog. The court held that it could decide the trade secret claims without being required to interpret Hindu beliefs or other religious teachings.

Defendants argue that the alleged trade secrets are merely conventional Hindu mystical claims, and that insofar as the Foundation claims it has added novel elements to traditional Hindu concepts, determining this "would ensnare the judicial system in questions of religious doctrine" in contravention of the 1st Amendment's free exercise clause. The court, however, disagreed concluding that it can determine the trade secret status of the materials just as it would any secular work by comparing the material to what is generally known to the public, considering whether plaintiff derived economic value from the nondisclosure, and evaluating whether plaintiff took reasonable measures to maintain the secrecy of the information. Quoting from an earlier case, the court said:

"While the trade secret laws did not necessarily develop to allow a religion to protect a monopoly in its religious practices, the laws have nonetheless expanded such that [a religious entity's] techniques, [if] 'used in the operation of the enterprise,' are deserving of protection if secret and valuable."

The court then added:

A defendant cannot deprive a plaintiff's materials of trade secret protection simply by invoking the Free Exercise Clause through allegations that the materials overlap with religious doctrinal principles.

Positions of Egyptian Presidential Candidates On Religion and State Published

Aswat Masriya yesterday published a compilation of the positions of each of Egypt's 12 Presidential candidates  on whether they prefer a religious or civil state. Amre Moussa, seen as the leading candidate by a recent poll, said:

Article 2 in the constitution which states that Sharia is the main source of legislation offers a brilliant and logical basis for Egypt to follow, anything else will not be appropriate. The Egyptian people will not tolerate "the Propagation of Virtue and the Elimination of Sin" approach.

Abdel Moneim Aboul Fotouh, also one of the leading candidates and a former member of the Muslim Brotherhood said:

A modern civil state inspired by Sahria - in agreement with moral principles of monotheistic faiths - that allows for the reactivation of Egypt's regional role in the Middle East, Africa and Islamic region.

Austria's New Religion Law Threatens Liberal Jewish Congregation's Independence

A small liberal Jewish congregation in Austria has applied for official status as a "Kultusgemeinde," or official Jewish community.  According to JTA yesterday, if the recognition is not granted to Or Chadash before Austria's new religion law (passed last month) takes effect, the liberal congregation will be subject to control by Orthodox Jewish authorities. The new law creates  religious boards consisting of representatives from state-recognized religious communities. The boards will then have control over all religious matters, including conversions, marriages and burials, as well as over funding for schools, teachers and buildings. Currently all 5 recognized Jewish communities in Austria are Orthodox.  Or Chadash was unsuccessful in its attempts to get Parliament to explicitly recognize Liberal Judaism in the new law.

Kuwait's Parliament Passes New Blasphemy Law With Potential Death Penalty

Bloomberg News reports that Kuwait's Parliament yesterday, by a vote of 40-6, passed a strict new blasphemy law.  Under the law, any any Muslim who, through any form of expression, insults God, his prophets, messengers, Prophet Mohammad’s wives or the Qur'an will be subject to the death penalty unless the defendant repents. If he does, then the judge is to instead impose a sentence of at least 5 years in prison and a fine equivalent to $36,000 (US).  Non-Muslims who commit blasphemy are subject to a 10 year prison sentence. The law must still be signed by the emir and published in the Official Gazette within a month for it to take effect.

Indonesia Prosecutes Atheist For Blaspehmy

The Guardian reported yesterday that in Indonesia, for the first time an atheist is being prosecuted for blasphemy, which includes a violation of the first pillar of Indonesia's state philosophy – pancasila, which requires belief in one god. Alex Aan was arrested for posting "God doesn't exist" on his Facebook page.  He was moved to a rural prison after other inmates at the local prison in Padang in west Sumatra badly beat him when they learned of the charges against him. If convicted, Aan faces up to 11 years in prison. Under Indonesian law, the practice of Islam, Catholicism, Protestantism, Buddhism, Confucianism and Hinduism is protected. Questioning those faiths is treated as "insulting a major religion," and is punishable by 5 years in prison, with 6 years added if the defendant uses the Internet to spread the blasphemy.

Religious and Secular Groups Urge Executive Order Barring LGBT Discrimination By Government Contractors

Yesterday, 23 national organizations (Jewish, Christian, Muslim, humanist and secular) sent a letter (full text) to President Obama expressing disappointment that he has decided not to issue an executive order to add sexual orientation and gender identity to the prohibited forms of discrimination by government contractors. Urging the President to reconsider his decision, the letter said:

Our various faith traditions and belief systems counsel the treatment of all people with dignity. They inspire us to act with compassion and to work to ensure that all are accorded respect and equal opportunity. Moreover, many of us draw on our experience as members of groups that historically have known discrimination as a reminder of the importance of such anti-discrimination measures as a means of ensuring fairness in employment.

The Religious Action Center of Reform Judaism coordinated the letter.

Libya's Ban On Religious Parties Is Reversed

EuroNews reports that Libya's National Transitional Council has reversed a law adopted last month that banned political parties based on religion, tribe or ethnicity. (See prior posting.) Yesterday it promulgated an amended version of the law on formation of political parties that makes no mention of the ban. The Muslim Brotherhood is likely to be the most organized party that emerges.  The Council also promulgated another law that prohibits "offend[ing] the 17th February revolution, anyone who insults the Islamic religion or the state and its institutions." It also bans "glorification of Muammar Gaddafi, his regime, ideas and his children."

Pakistan Court Stays Current Hajj Quota Allocations

In Pakistan yesterday, the Lahore High Court stayed, pending a hearing on May 9, the current process of allocating Hajj quotas to tour operators.  The News reports that the lawsuit was filed by competing tour operators because the the Ministry of Religious Affairs was allocating quotas only to Hajj group organizers who had been registered in the past. This leads to high prices that makes Hajj unaffordable to many. Petitioners claimed that the Ministry's current limits violates Hajj Policy 2012 under which both old and new operators should be given an equal chance.

Meanwhile, according to today's Express Tribune, Pakistan's Supreme Court yesterday expressed concern over the slow progress of the Federal Intelligence Agency's investigation of alleged corruption in 2010 Hajj arrangements.

Suit Against Pastor Over Affair With Woman He Counseled Moves Ahead On Some Claims

St. Louis Today reports on developments in a Missouri state court lawsuit by Darrell and Rhonda Pitt against Pastor Bill Little and his now dissolved Christ Memorial Baptist Church of Cool Valley. The suit claims that in the 1980's, Little, who was a licensed psychologist as well as a pastor, had an affair with Rhonda Pitt who was then his secretary. Three years earlier, the Pitts began joint marriage counseling with Little, and at the time of the affair, Rhonda was continuing individual counseling with him. This week, the court dismissed sexual misconduct claims against Little on statute of limitations grounds. However the court allowed the Pitts to proceed with claims that Little defamed Rhonda Pitt from the church pulpit, as well as Darrell Pitt's claims of negligence and breach of fiduciary duty against Little and the church. The court also permitted the Pitts to have access to church documents to determine what knowledge the church had of Little's conduct. Meanwhile Little, who has retired from the pulpit and given up his psychologist's license, has filed counter-claims alleging that Darrell Pitt damaged his reputation by telling congregants that Little had raped Rhonda. Little also claims emotional damage from fiery letters sent to him in 2010 by Darrell Pitt.

American Indian Religious Freedom Act Suit Against NCAA Dismissed

In Spirit Lake Sioux Tribe of Indians v. National Collegiate Athletic Association, (D ND, May 1, 2012), a North Dakota federal district court dismissed a lawsuit brought by a group Sioux Indians who are challenging an NCAA policy that led the University of North Dakota to end the use of  "Fighting Sioux" as its team nickname. The NCAA policy prohibits the display of Native American nicknames, mascots, and imagery at events conducted under NCAA auspices. The court described the lawsuit as part of a "never-ending saga" which has involved "a spectrum of protests for and against the name, tribal resolutions, state laws, and fierce public debate."  In this lawsuit, plaintiffs claim that in 1969 a delegation from the Standing Rock Tribe, and at least one representative from the Spirit Lake Tribe, traveled to the UND campus and conferred on the university, in a ceremony involvling the lighting of a sacred pipe, the right to use the nickname “Fighting Sioux” in perpetuity.

Among the numerous claims raised by plaintiff is the allegation that the NCAA violated the American Indian Religious Freedom Act by failing to acknowledge the significance of the 1969 pipe ceremony, a sacred ritual with a basis in traditional tribal religion. However the court held that the American Indian Religious Freedom Act does not create any judicially enforceable rights. The court also rejected the claim that the NCAA had violated the Indian Civil Rights Act, since that Act only protects against infringements of individual rights by tribal governments. AP reports on the decision.

Court Defers To Church Hierarchy In Dispute Over Control of Church Funds

In Stoupine v. Petrovsky, (NJ App., April 30. 2012), a New Jersey state appellate court, invoking the ecclesiastical abstention doctrine, dismissed a lawsuit between factions of the St. Nicholas Russian Eastern Orthodox Church in Red Bank, NJ.  At issue was a dispute between members of the parish council and the church's new rector over who had control of the church's bank accounts. Members of the parish council appealed to the church hierarchy which ultimately ruled that transfer of funds to a new account initiated by the former and the new rectors was proper. The court said:

we cannot divine an adjudicatory role for a civil court in this case that would not intrude upon the church's ecclesiastical domain.... In essence, plaintiffs want the court to reverse the actions of the ecclesiastical hierarchy respecting church governance....  Matters of church governance, predicated upon its canons and hierarchical structure, should not be the subject of secular judicial resolution.

Michigan Legislative Prayer Caucus Formed

In Lansing, Michigan yesterday, 30 members of the state legislature attended the inaugural event of the newly formed Michigan Legislative Prayer Caucus. They shared Bible verses and quotations about religion from America's founders. M Live reports that 38 members have joined the Caucus so far. According to a statement issued by the Caucus, it is "a nonpartisan body of believers of Scriptural Truth, adhering to established Judeo-Christian principles and religious liberties that were widely practiced by the founders of these United States of America and the state of Michigan."  Some are concerned that the Caucus has limited itself to Judeo-Christian principles, but supporters say it is open to anyone regardless of their religious belief. Meanwhile, in connection with National Day of Prayer events (see prior posting), Michigan Gov. Rick Snyder signed a proclamation declaring today as Michigan Day of Prayer.

Tomorrow Is National Day of Prayer

President Obama has issued a Presidential Proclamation (full text) declaring tomorrow to be a National Day of Prayer. The Proclamation reads in part:

On this National Day of Prayer, we give thanks for our democracy that respects the beliefs and protects the religious freedom of all people to pray, worship, or abstain according to the dictates of their conscience. Let us pray for all the citizens of our great Nation, particularly those who are sick, mourning, or without hope, and ask God for the sustenance to meet the challenges we face as a Nation.

The Proclamation is called for by 36 USC Sec.119.  The National Day of Prayer Task Force website lists events around the country marking the day. Meanwhile, as reported by the Christian Post, the American Humanist Association and the Secular Coalition of America are promoting tomorrow as a "National Day of Reason".  A spokesperson for the American Humanist Association said: "The National Day of Prayer demeans millions of Americans who believe that reason, not prayer, is the way to solve the country's problems."

UPDATE: For clarification, it should be noted that the National Day of Prayer Task Force is a private, not a governmental, organization.  It focuses on mobilizing for Day of Prayer events in the Christian community. It lists events sponsored by groups that confirm a fundamentalist Christian statement of faith.

President Declares May As Jewish American Heritage Month

President Obama yesterday issued a Presidential Proclamation (full text) declaring May 2012 as Jewish American Heritage Month. The Proclamation reads in part:

Their history of unbroken perseverance and their belief in tomorrow's promise offers a lesson not only to Jewish Americans, but to all Americans. From Aaron Copland to Albert Einstein, Gertrude Stein to Justice Louis Brandeis, generations of Jewish Americans have brought to bear some of our country's greatest achievements and forever enriched our national life. As a product of heritage and faith, they have helped open our eyes to injustice, to people in need, and to the simple idea that we might recognize ourselves in the struggles of our fellow men and women.

The Library of Congress is hosting a special website dedicated to Jewish American Heritage Month.

Hawaii Is Settling Suit By Activist Who Was Roughed Up After Protesting State Senate's Opening Prayer

Courthouse News Service reported yesterday that the state of Hawaii agreed last week in federal court to settle a lawsuit brought against the president of the state Senate and various security officers by Mitchell Kahle, founder of Hawaii Citizens for Separation of Church and State, and by a cameraman who accompanied Kahle to a Senate session at which Kahle stood up and peacefully protested the prayer that was being offered in opening the session. The complaint (full text) in Kahle v. Hanabusa, (HI Cir. Ct., filed 4/27/2012), subsequently removed to federal court, alleged that Kahle and camera man Kevin Hughes were roughed up by security personnel as they were removed from the Senate galleries after Kahle stood up and protested the invocation. The Hawaii Senate Finance Committee is considering a bill to appropriate $100,000 to implement the settlement in the case.

French Group Sues Google Over Autocomplete Suggestion of "Rupert Murdoch Jewish"

Search Engine Journal yesterday reported on a lawsuit filed in France against Google complaining that its search engine's autocomplete function mislabels celebrities, often connecting them to a persecuted religion.  The suit, filed by SOS Racisme, complains that when the name "Rupert Murdoch" is Googled, the autocomplete function suggests "Rupert Murdoch Jewish" as a search term. The initial hearing in the case is scheduled for today. Last year, SOS Racisme threatened to sue Apple over an iPhone app called "Jew of Not Jew?" that purported to identify whether various celebrities were Jewish. The app was removed from the French iPhone app store. (See prior posting.)

Court Says Synagogue May Bring Summary Proceeding To Evict Caterer Licensee

Jem Caterers of Woodbury, Ltd. v. Woodbury Jewish Center, (Nassau Co. NY Sup. Ct., April 26, 2012), involves a dispute between a synagogue and a caterer that had entered into a license agreement with the synagogue to conduct catered events at the synagogue.  The caterer stopped paying amounts (described as "contributions toward maintenance," of which over $611,000 was owed) that it was to pay the synagogue and brought suit for breach of contract claiming the synagogue had not maintained the facilities as required by the license agreement-- a claim that the synagogue denied.  A New York trial court denied declaratory and injunctive relief to both sides, holding that the proper remedy is for the synagogue to bring a summary proceeding under RPAPL Sec. 713 to recover property from a licensee. The synagogue had already begun such a proceeding, having served a a notice of termination and ten-day notice to quit on the caterer. The court denied the caterer a TRO to restrain the synagogue from exercising its right to revoke the license because, according to an affidavit, the caterer had prepared non-kosher food in a kosher kitchen, used the same truck and dishes for both kosher and non-kosher food, and retained tip money that should have gone to the caterer's employees. According to the court, the reputation of the synagogue and its rabbi will be irreparably harmed if the caterer is allowed to continue to use its kitchen.

Hasidic Synagogues In Quebec Reported To Sell Illegally Imported Wine

Tablet yesterday carried a long article on the sale of bootlegged kosher wine by Hasidic synagogues in Canada's province of Quebec. In Montreal, stores owned by the Société des Alcools de Quebec ("SAQ") have a monopoly on the legal sale of wine, but their selection of kosher wine is meager. Anyone wanting to import wine from outside the province must obtain a permit from SAQ. Some in the Hasidic community are ignoring these requirements.  As reported by Tablet:

The synagogues ... bring the wine in from Ontario. By doing so, they avoid Quebec taxes and utilize an Ontario law that makes wine used for religious purposes 17 percent cheaper than market price. The illegal wine shops serve a number of purposes; they make money for the synagogues and offer a selection that is far superior to that of the SAQ stores. Boro [a lawyer who has represented a synagogue charged with violating permit requirements] stresses that the bootlegging is not only about profit, but also about the needs of the community; observant Jews in Montreal, Boro said, have repeatedly asked the SAQ to get a better kosher selection. The SAQ constantly says it will but never actually does.

Muslims Urged To Vote In French Presidential Runoff

In France, after a first-round Presidential vote in which Muslims have been vilified, Muslim leaders-- particularly in southeast France-- are pressing Muslims to vote in Sunday's run-off election. AP reports that Socialist Francois Hollande is likely to be the favorite among Muslims since his run-off opponent, conservative President Nicolas Sarkozy, spoke out against Muslim practices in his campaign. In the initial election round, right-wing candidate Marine Le Pen who received 18% of the vote had particularly attacked Muslims, and Sarkozy in the run-off is seeking votes of Le Pen backers. However Dalil Boubakeur, head of the Grand Mosque of Paris, objects. The mosque issued a statement opposing the thrust of the get-out-the-vote campaign, saying: "Mobilize, yes, but not in the name of Islam.  In the name of justice, the economy, housing projects, misery, unemployment. But not in the name of Islam."

Some Scottish Religious Groups Want To Be Able To Perform Same-Sex Marriages

In Scotland yesterday, a coalition of faith groups (United Reformed Church, the Quakers, Buddhists and the Pagan Federation) calling themselves Faith in Marriage launched a campaign to end the ban on religious groups performing same-sex marriages.  Gay Star News reports that the group released an open letter to members of the Scottish Parliament asking them to change the law. A few days earlier, an anti-gay Christian group calling itself Scotland for Marriage announced that it would deliver leaflets to 300,000 homes in Glasgow warning of the dangers of same-sex marriage.

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.