Republican 2012 Platform: Numerous Provisions On Religious Freedom

CNA reports that the the 2012 Republican Platform (full text), adopted Tuesday by the national convention, contains strong planks on religious freedom.  Among its provisions are ones calling for defending traditional marriage against an activist judiciary and calling for a constitutional amendment defining marriage as the union of one man and one woman.

A section titled "The First Amendment:The Foresight of Our Founders to Protect Religious Freedom" provides in part:

The first provision of the First Amendment concerns freedom of religion....That assurance has never been more needed than it is today, as liberal elites try to drive religious beliefs—and religious believers—out of the public square.... 

The most offensive instance of this war on religion has been the current Administration’s attempt to compel faith-related institutions, as well as believing individuals, to contravene their deeply held religious, moral, or ethical beliefs regarding health services, traditional marriage, or abortion. This forcible secularization of religious and religiously affiliated organizations, including faith-based hospitals and colleges, has been in tandem with the current Administration’s audacity in declaring which faith-related activities are, or are not, protected by the First Amendment.... 

The section goes on to support public display of the Ten Commandments and the right of students to engage in prayer at public school events. It also supports

the right of faith-based organizations to participate fully in public programs without renouncing their beliefs, removing religious symbols,or submitting to government-imposed hiring practices. We oppose government discrimination against businesses due to religious views. We support the First Amendment right of freedom of association of the Boy Scouts of America and other service organizations whose values are under assault and condemn the State blacklisting of religious groups which decline to arrange adoptions by same-sex couples. We condemn the hate campaigns, threats of violence, and vandalism by proponents of same-sex marriage against advocates of traditional marriage and call for a federal investigation into attempts to deny religious believers their civil rights.

A section on The Sanctity and Dignity of Human Life provides in part:

We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues to promote or perform abortion or fund organizations which perform or advocate it and will not fund or subsidize health care which includes abortion coverage. We support the appointment of  judges who respect traditional family values and the sanctity of innocent human life. We oppose the non-consensual withholding or withdrawal of care or treatment, including food and water, from people with disabilities, including newborns, as well as the elderly and infirm, just as we oppose active and passive euthanasia and assisted suicide.

... We urge Congress to strengthen the Born Alive Infant Protection Act by enacting appropriate civil and criminal penalties on healthcare providers who fail to provide treatment and care to an infant who survives an abortion, including early induction delivery where the death of the infant is intended. We call for legislation to ban sex-selective abortions – gender discrimination in its most lethal form—and to protect from abortion unborn children who are capable of feeling pain.... We call for a ban on the use of body parts from aborted fetuses for research. We support and applaud adult stem cell research to develop lifesaving therapies, and we oppose the killing of embryos for their stem cells. We oppose federal funding of embryonic stem cell research.

The platform's section on health care includes a section on "Protecting Individual Conscience in Healthcare." The Platform section on prison reform includes a call for government to "work with faith-based institutions that have proven track records in diverting young and first time, non-violent offenders from criminal careers..." A section on human rights supports the U.S. Commission on International Religious Freedom and accuses the current administration of shunting it aside at a time that its voice needs to be heard more than ever. It pledges that: "A Republican Administration will return the advocacy of religious liberty to a central place in our diplomacy."

The Platform's section on foreign aid includes the following:

The effectiveness of our foreign aid has been limited by the cultural agenda of the current Administration, attempting to impose on foreign countries, especially the peoples of Africa, legalized abortion and the homosexual rights agenda. At the same time, faith-based groups—the sector that has had the best track record in promoting lasting development—have been excluded from grants because they will not conform to the administration’s social agenda.

Feminist Group Sues Israeli Radio Station For Discrimination

In Israel, Kolech, an Orthodox Jewish feminist organization, has filed a $26 million class action discrimination lawsuit against Kol Berama, a strictly Orthodox Jewish (haredi) radio station. As reported by JTA, the suit alleges that the station only employs male interviewers and will not conduct live interviews with women. A woman who wishes to be heard on air is asked to fax her remarks and they are then read by a male broadcaster. Earlier this year, Israel's Second Authority for Television & Radio ordered the station to interview women who hold official positions or are experts in their field, and to allow women to speak on the air for four hours per week.  Apparently the station has not complied.

Canadian Parents Challenge Refusal of School To Distribute Atheist Publication

CNews reported  yesterday that in the Canadian province of Ontario, Rene and Anna Chouinard have been granted a hearing before the Human Rights Tribunal of Ontario on their complaint that they were not given equal treatment, as guaranteed by the Ontario Human Rights Code, when they were refused permission to have an atheist publication distributed to 5th grade students.  The school district permits distribution of Gideon Bibles, but the school refused to allow distribution of the book "Just Pretend: A Free Thought Book for Children." The school board denies that religious discrimination is involved. Instead, they say, the book contains material that is inappropriate for distribution. [Thanks to Scott Mange for the lead.]

Orthodox Christian Activists Physically Attack Russian Erotic Art Museum

According to Interfax today, in Russia, Orthodox Christian activists have physically attacked Moscow's Erotic Art Museum on the Arbat.  A statement by museum director Alexander Donskoy said in part:

Today the Orthodox militants punish us for our support for Pussy Riot, send us death threats and rip clothes off ordinary passers-by, and tomorrow they will start destroying churches of other religious denominations and slay atheists. We ask the investigative authorities and personally our Constitution guarantor Vladimir Putin to stop this movement of Orthodox militants that is loathed in a secular state. We also hope that Patriarch Kirill will assess the actions of the people posing as Orthodox believers as they damage the perception of church as a bright spiritual institution.

Military Reports On Details of Qur'an Mishandling In Afghanistan

According to American Forces Press Service, on Monday the U.S. Central Command released the results of an investigation into a February incident involving the mishandling of some 1200 religious texts (including Qur'ans) that were removed from a detention facility in Parwan, Afghanistan and taken to Bagram Air Field to a fire pit used to burn garbage. The removal was prompted by a belief that extremist were using the books to exchange messages  The military concluded that no malicious intent was involved.  AP details the main findings of the new report:

[T]he burning disaster resulted from miscommunications, ignorance about the handling of Korans and the failure to provide clear guidance. Specifically, the report found that the service members relied too heavily on one linguist's conclusion that the Korans, which also had militant messages in them, were rewritten versions that were extremist and would not be considered real Korans. ... [A]lso ... service members mistakenly interpreted a commander's order to get rid of the books as permission to take them to the burn pit.... [O]nly one of the service members assigned to transport the books to the burn pit knew they were carrying religious books.

Six soldiers and three marines involved received administrative punishments. Disciplinary charges against one Navy sailor were dismissed. God and Country blog has further details.

Diverse Group of Clergy Will Lead Invocations and Benedictions At Republican Convention

The Republican National Convention got under way this afternoon.  Among other issues posed by the storm-related rescheduling was the rescheduling of clergy to deliver the opening invocation and closing benediction each of the 3 days. Here, as also reported by JTA, is the line-up of clergy:

• Tuesday invocation-- Rabbi Meir Soloveichik (Director of the Straus Center for Torah and Western Thought at Yeshiva University)
• Tuesday benediction-- Sammy Rodriguez (President of The National Hispanic Christian Leadership Conference)
• Wednesday invocation-- Ishwar Singh (head of the Sikh Society of Central Florida)
• Wednesday benediction-- Archbishop Demetrios (Primate of the Greek Orthodox Church in America)
• Thursday invocation-- Ken and Priscilla Hutchins (President of the Boston Mormon temple and his wife)
• Thursday benediction-- Archbishop Timothy M. Dolan (President of the U.S. Conference of Catholic Bishops)

Pakistan's Former Religious Affairs Head Released On Bail In Hajj Corruption Case

In Pakistan, according to yesterday's Express Tribune, former federal minister for religious affairs Hamid Saeed Kazmi, one of 3 officials criminally charged with corruption over the handling of housing in Saudi Arabia for Pakistani Hajj pilgrims in 2010, has been released from jail on bond. Kazmi had been in the Adiala Jail for 17 months awaiting trial. He was ordered by the court to post 2 surety bonds of RS100,000 ($1050 US) each. (See prior related posting.)

Military Appeals Court Says Ft. Hood Shooter's Appeal As To Beard Is Premature

The U.S. Court of Appeals for the Armed Forces (CAAF) yesterday lifted its previously imposed stay on the court martial proceedings of Fort Hood mass shooter Maj. Nidal Hasan.  The stay was imposed while the appeals court considered whether or not the presiding judge in the military trial can order Hasan, who has grown a beard for religious reasons, to be forcibly shaved. (See prior posting.) Now, as reported by Austin Legal, the CAAF decided that Hasan's appeal is premature because the trial judge has not yet formally ordered him to be shaved-- though Col. Gregory Gross who is conducting the court martial proceedings has repeated said that he will issue such an order. The CAAF's decision provides that, if Gross does issue the order, he is to spell out whether the Religious Freedom Restoration Act applies and explain why forcible shaving is the least restrictive means to further a compelling governmental interest. Gross' order could then be appealed to the Army Court of Criminal Appeals, the intermediate appellate court in the military system.

Contraceptive Mandate Challenge Dismissed For Lack of Standing and Ripeness

In Wheaton College v. Sebelius, (D DC, Aug. 24,2012), the D.C. federal district court dismissed for lack of standing and ripeness a challenge by Wheaton College to the mandate issued under the Affordable Care Act requiring group health insurance policies to cover contraceptive services for women.  Wheaton College claimed that offering Plan B and Ella emergency contraception violates its religious beliefs. (See prior posting.)  Because the Department of Health and Human Services has announced a one-year enforcement safe harbor for non-profit groups whose religious beliefs are violated by the mandate, the court concluded that Wheaton does not face imminent enforcement action.

Church Challenges Ordinance Limiting Movable Message Displays

The Church of the Good Shepherd- United Methodist, in Vienna, Virginia, earlier this month filed a lawsuit against the Fairfax (VA) Board of County Supervisors challenging the application of the county's sign ordinance to the church's new $37,000 sign. According to yesterday's Washington Examiner, the county objected to the sign that displays movable messages because the county ordinance only allows movable copy signs to change messages two times in 24 hours.  The church's sign displayed 3 different messages. The church's lawsuit claims the ordinance violates its free speech and free exercise rights as well as the Religious Land Use and Institutionalized Persons Act.

Court Rejects Religious Accommodation Complaint By Orthodox Jewish Federal Employee

In Marmulszteyn v, Napolitano, (ED NY, Aug. 22, 2912), a New York federal district court dismissed a Title VII religious accommodation lawsuit brought by an Jewish man who claimed that U.S. Customs and Border Protection failed to reasonably accommodate his need not to work on Saturdays while he was employed as a Customs and BorderProtection Officer.  The court found that no adverse employment action had been taken because of plaintiff's refusal to work a Saturday shift.  Instead it allowed him to swap shifts with others.  Further, he was offered a reasonable accommodation-- a weekend overnight shift in place of his Saturday morning assignment. His claim that he was the victim of religious discrimination because he did not receive a permanent religious exemption of the sort some other employees enjoyed was rejected. [Thanks to Steven H. Sholk for the lead.]

Recent Articles of Interest

From SSRN:

• Bridgett Dunlap, Protecting the Space to Be Unveiled: Why France's Full Veil Ban Does Not Violate the European Convention on Human Rights, (Fordham International Law Journal, Vol. 35, No. 4, 2012).
• Samuel J. Levine, A Look at the Establishment Clause Through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers, (Chicago-Kent Law Review, Vol. 87, p. 775, 2012).
• Thomas M. Haney, The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago, (August 16, 2012).
• Douglas Laycock and Luke W. Goodrich, RLUIPA: Necessary, Modest, and Under-Enforced, (Fordham Urban Law Journal, Vol. 39, p. 1021, 2012).
• Linda Greenhouse and Reva B. Siegel, Before Roe v. Wade: Voices that Shaped the Abortion Debate before the Supreme Court's Ruling, (2012).
• Luke Berg, Scrutinizing Relationships: Applying the Tiered Framework to Marriage, (February 19, 2012).

From SmartCILP:

• Kent Greenawalt, Religion and Public Reasons: Making Laws and Evaluating Candidates,  27 Journal of Law & Politics 387-414 (2012).
• Overcoming Family Law's Parochialism: The Place of Comparative Family Law, 83 University of Colorado Law Review 963-1205 (2012).

Recent Prisoner Free Exercise Cases

In Williams v. Cate, 2012 U.S. Dist. LEXIS 116472 (ED CA, Aug. 17, 2012), a California federal magistrate judge recommended dismissing claims by an inmate of the House of Yahweh faith that he was denied a kosher diet, not given funding to purchase religious materials, and that defendants spread false propaganda and denied worship services for House of Yahweh.

In Bell v. Parsons, 2012 U.S. Dist. LEXIS 117800 (WD NC, Aug. 21, 2012), a North Carolina federal district court ordered a Muslim prisoner who complained that his religious items were confiscated from his cell in a prison shake down during Ramadan to show he had exhausted his administrative remedies, or else face dismissal of his lawsuit.

In Bryant v. Johnson, 2012 U.S. Dist. LEXIS 118173 (WD VA, Aug. 21, 2012), a Virginia federal district court dismissed objections by a Muslim inmate that prison officials would not extend the Ramadan feeding policy to a fast outside of Ramadan that plaintiff alleged he undertook for religious reasons. Plaintiff skipped 17 consecutive meals and then resisted efforts by prison officials to weigh him. The court was not convinced that the fast was religiously motivated. Prison officials saw it as a hunger strike.

In Sousa v. Wegman, 2012 U.S. Dist. LEXIS 118421 (ED CA, Aug. 20, 2012), a California federal magistrate judge dismissed with leave to amend

Malik v. City of New York, 2012 U.S. Dist. LEXIS 118358 (SD NY, Aug. 15, 2012), a New York federal magistrate judge recommended allowing an inmate to proceed with claims that correctional officers ripped up and destroyed his Qur'an.

In Nance v. Miser, 2012 U.S. Dist. LEXIS 119420 (D AZ, Aug. 23, 2012), an Arizona federal district court  permitted a Muslim inmate to proceed with his complaint that he was denied a Halal diet and a shaving waiver.

In Strange v. Commonwealth of Kentucky, 2012 U.S. Dist. LEXIS 119599 (WD KY, Aug. 23, 2012), a Kentucky federal district court allowed a pre-trial detainee who says he is Jewish to proceed with his claim that he is not permitted to have a prayer rug, a "yamike", read the Torah, attend worship, or practice his religion, and that there are no rabbis at the jail.

In Alverson v. Allen, 2012 U.S. Dist. LEXIS 119149 (MD AL, Aug. 23, 2012), an Alabama federal magistrate judge dismissed claims by an inmate that he was not allowed to attend church while housed in the hot (restricted privileges) dorm.

In Tariq v. Chatman, 2012 U.S. Dist. LEXIS 118546 (MD GA, Aug. 22, 2012), a Georgia federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 118544, July 18, 2012) and permitted a Muslim inmate to proceed with his claim that his Noble Qu'ran was confiscated by prison officials who said it is "radical," "teaches hate," and has "the wrong kind of stuff in it." In a separate opinion (2012 U.S. Dist. LEXIS 118538, Aug. 22, 2012) the court dismissed certain of the defendants.

In Dabbs v. Vaughn, 2012 U.S. Dist. LEXIS 119137 (SD IL, Aug. 22, 2012), an Illinois federal district court, while dismissing certain claims and defendants, allowed a former inmate to proceed against others on his 1st Amendment free exercise claim that the prison chaplain took all but 5 Jewish inmates off the kosher diet list and off the monthly call passes for religious visits for buying non-kosher food from the commissary. The chaplain allegedly required Jewish prisoners to document their need for a kosher diet by submitting a two paragraph essay.

In Dyer v. Hardwick, 2012 U.S. Dist. LEXIS 119693 (ED MI, Aug. 23, 2012), a Michigan federal district court adopted in relevant part a magistrate's recommendations (2012 U.S. Dist. LEXIS 119704, Aug. 3, 2012) that had concluded that mere offensive remarks about a Jewish inmate's religion made by the deputy warden did not amount to a constitutional violation, nor did the deputy warden's suggestion that plaintiff withdraw her request for kosher meals so she could be transferred to another facility that did not offer them.

D.C. Circuit Upholds Obama Administration Embryonic Stem Cell Research Guidelines

In Sherley v. Sebelius, (DC Cir., Aug. 24, 2012), the U.S. Court of Appeals for the D.C. Circuit upheld the Obama administration's embryonic stem cell research Guidelines against a claim that they violate limitations on such research imposed by Congress under the Dickey-Wicker Amendment.  This was the third time the case was before the Circuit Court.  Invoking the law of the case, Chief Judge Sentelle held that, as the court had previously decided, "Dickey-Wicker  permits federal funding of research projects that utilize already-derived ESCs—which are not themselves embryos—because no 'human embryo or embryos are destroyed' in such projects."  He also rejected plaintiffs' argument that research on embryonic stem cells violate the ban on subjecting embryos to risk because such research incentivizes the destruction  of  more  embryos  to  create  more cell  lines. Finally he rejected claims that NIH violated the Administrative Procedure Act in issuing the Guidelines without responding to various comments that had been submitted. Judge Henderson and Judge Brown each filed separate opinions concurring in the result, but disagreeing about the extent of deference that should have been given to the NIH's interpretation of the Dickey-Wicker Amendment. (See prior related posting.) AP reports on the decision.

Sri Lankan Court Gives French Tourists Suspended Sentence For Offensive Photo With Buddha

BBC News reported on Tuesday that in Sri Lanka, three French tourists were given suspended jail sentences after they were photographed posing with Buddha statues and pretending to kiss one of the statues. They were apparently charged under Sec. 290A of the country’s Penal Code which provides:

Whoever does any act, in or upon, or in the vicinity of, any place of worship or any object which is held sacred with intent to or in veneration by any class of persons, with the intention wounding the religious feelings of any class of persons or with the knowledge that any class of persons is likely to consider such act as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Police in the town of Galle arrested the tourists after a photo lab where they had taken the pictures to be printed alerted authorities. 

Group Claims Missouri Baptist Convention Endorsed Political Candidates In Violation of Tax Code

Americans United on Thursday filed a complaint with the Internal Revenue Service alleging that the Missouri Baptist Convention endorsed candidates in the Republican primary in violation of the Internal Revenue Code's ban on non-profit organizations intervening in political campaigns. (Press release.)  In its letter (full text) to the IRS, Americans United said:

In a May 2012 edition of The Pathway, the official publication of the Missouri Baptist Convention, MBC Director of Public Policy Don Hinkle endorsed two candidates for public office in the August Republican primary – U.S. Senate candidate Todd Akin and state attorney general candidate Ed Martin. 

The letter also pointed to a July 2012 article in the same publication listing over 100 Missouri Baptist clergy who endorsed Aikin.

FFRF Protests Extensive Religious Involvement Of School's Football Program

The Freedom From Religion Foundation (press release) sent a letter this week (full text) to the superintendent of the Walker County, Georgia schools complaining about unusually extensive religious entanglement of local churches with the Ridgeland High School football program. It says that football coach Mark Mariakis takes the team to a different local church for dinner before each game. The minister or youth pastor blesses the food before dinner and sermonizes players about Christianity. The letter claims that at one point Mariakis took players to a Mormon church for dinner and afterward made fun of the Mormon religion within hearing distance of Mormon football players. FFRF says that the coach also prays with the team after each game, uses Bible verses on team gear, participates in the Fellowship of Christian Athletes meetings, and pressures players to attend a Christian football camp over the summer.

Gay Former Employee of Library of Congress Sues For Discrimination

A former employee of the Library of Congress' inspector general's office has filed a Title VII lawsuit in federal district court in Washington, D.C. alleging that his supervisor harassed him with religious-based condemnation of homosexuality.  According to Wednesday's Washington Post, Peter TerVeer alleges that his supervisor John Mech continually quoted Biblical passages and lectured him condemning homosexuality after Mech found out that TerVeer is gay. Mech allegedly began creating a paper trail to downgrade TerVeer's performance ratings. When TerVeer complained to the Library of Congress' EEO office the situation deteriorated, and he took an extended medical leave for stress that led to his firing.  TerVeer filed suit after the EEO office ruled he had not been discriminated against.

Victim Rights Groups Sue Over MO House of Worship Protection Act

A federal lawsuit was filed Wednesday by two groups that support victims of clergy sexual abuse challenging the constitutionality of Missouri's new House of Worship Protection Act. The law prohibits intentionally disrupting a church, synagogue or mosque. The complaint (full text) in Survivors Network of Those Abused By Priests, Inc. v. Joyce, (ED MO, filed 8/22/2012), claims that the  law which goes into effect on Aug. 28 infringes plaintiffs' free speech rights and that the law is unconstitutionally vague. The plaintiffs, SNAP and Voice of the Faithful, regularly picket, distribute leaflets or stand with signs outside Catholic churches to support victims of clergy abuse and encourage reform in the Catholic Church. ACLU of Eastern Missouri announced the filing of the lawsuit.

B&B Settles Discrimination Suit By Agreeing To No Longer Host Wedding Receptions

The ACLU yesterday announced that it had reached a settlement with a Vermont bed and breakfast in Baker and Linsley v. Wildflower Inn.  The suit charged the B&B with discrimination after it refused to host a same-sex wedding reception for two women because of the owners' religious beliefs. In the settlement, Wildflower Inn agreed that the Vermont Fair Housing and Public Accommodation Act bars unequal treatment of same-sex couples, including a failure to respond to inquiries or discouraging same-sex couples from using the facilities. The resort agreed to pay a $10,000 civil penalty to the Vermont Human Rights Commission-- which had intervened as a co-plaintiff-- and $20,000 to a charitable trust to be disbursed by the couple, Kate and Ming Linsley.  However, instead of agreeing to host same-sex wedding receptions, the Inn agreed that it will no longer host wedding receptions of any kind.

More Suits By Businesses and Schools Challenging Affordable Care Act Mandate

Another lawsuit has been filed by Catholic private business owners objecting to the Affordable Care Act mandate that requires employee health insurance policies to cover contraceptive services. The complaint (full text) in Yep v. U.S. Department of Health & Human Services, (ND IL, filed 8/22/2012) alleges that the federal Mandate, as well as a similar state law mandate, violate plaintiffs' rights under the 1st Amendment and RFRA and under parallel state statutory and constitutional provisions. Plaintiffs are Triune Health Group, Inc. and its co-owners Christpher and Mary Yep. The complaint alleges in part that the plaintiffs

believe that the procreative capacity of human beings represents a precious gift from God by which individuals are allowed to participate in God’s plan to share life and that, as a result, any acts of deliberate interference with that procreative capacity bound up with acts of unitive human love – including artificial contraception, abortion, and/or sterilization – are gravely wrong and sinful. They also believe that the use and promotion of reproductive technologies that involve the destruction of human embryos or which purport to divide and sunder the procreative core of human sexuality from its unitive elements are gravely wrong and sinful. That both the federal and state governments would coerce plaintiffs to flout such profound and fundamental beliefs seems totally at odds with repeated declarations of the Founding Fathers.

A press release from the Thomas More Society announced the filing of the lawsuit.

Meanwhile, two more Christian colleges filed suit in an Indiana federal district court challenging the federal mandate.  The complaint (full text) in Grace Schools v. Sebelius, (ND IN, filed 8/23/2012) asserts a variety of 1st Amendment claims, as well as 5th Amendment, RFRA and Administrative Procedure Act claims on behalf of Grace College and Seminary and Biola University.  Among the allegations:

The Mandate adopts a particular theological view of what is acceptable moral complicity in provision of abortifacient coverage and imposes it upon all religionists who must either conform their consciences or suffer penalty.

Alliance Defending Freedom issued a press release announcing the filing of the lawsuit.

EEOC Sues For Failure To Accommodate Religious Belief As To Clothing Style

The EEOC announced Tuesday that it has filed a religious discrimination lawsuit in Texas federal district court against  Fries Restaurant Management, LLC, the operator of a Burger King in Grand Prairie, Texas.  Ashanti McShan, a high school senior and a member of the Pentecostal Church, was told during her job interview that she would be able to wear a skirt instead of the standard uniform pants, as required by her religious beliefs. However when she arrived at orientation for her position, she was told that wearing the skirt was unacceptable and was sent home and never called back to work.  The lawsuit seeks back pay, compensatory and punitive damages, and injunctive relief for the company's failure to accommodate McShan's religious beliefs.

Church Can Get RLUIPA Damages, But Not For Hypothetical Lost Contributions

In a suit challenging the refusal to rezone land for use by a church, after a remand from the U.S. 9th Circuit Court of Appeals (see prior posting), the city of San Leandro, California sought summary judgment on whether the church is entitled to damages on its "substantial burden" claim under the Religious Land Use and Institutionalized Persons Act.  In International Church of the Foursquare Gospel v. City of San Leandro, 2012 U.S. Dist. LEXIS 117347 (ND CA, Aug. 20, 2012), a California federal district, while finding that damages are recoverable for violations of RLUIPA's substantial burden provisions, dismissed as too speculative the church's claim for lost contributions from hypothetical new church members that would have attended if it had moved into a larger building. The court also rejected the argument that an award of damages would amount to unjust enrichment for the church, and that would amount to a preference for religion that would violate of the Establishment Clause.

Confrontation Looming Between Mexican Authorities and Religious Cult

AP reported yesterday on an impending violent confrontation in Mexico between government authorities and a religious sect that is refusing to permit government schools to operate in their walled community.  The sect, founded in 1973 by a renegade Catholic priest who objected to the Church's ending of Latin masses and other modernizations, lives in its own walled compound called New Jerusalem-- located in the Mexican state of Michoacan.  The sect prohibits formal schooling, television, radio, telephones, modern music and modern dress. It has demanded the right to appoint its own teachers, set its own curriculum and require robes and headscarves for female pupils. Last month, sect followers destroyed three government school buildings in the community, burning desks and computers. On Monday, they engaged in fistfights with parents who wanted their children to attend school in makeshift classrooms that had been set up.  The sect members also drove off about a dozen government-paid teachers. The township where the New Jerusalem compound is located, Mexico's National Human Rights Commission and the Roman Catholic Church all want the government to break the compound's blockade.

WCC Schedules Hearings On Misuse of Pakistan's Blasphemy Laws Against Religious Minorities

The World Council of Churches announced yesterday that it plans to hold a public hearing in Geneva, Switzerland on the deteriorating human rights problems of religious minorities in Pakistan, including misuse of Pakistan's blasphemy laws against them.  The hearing is scheduled for Sept. 17-19 in conjunction with the 21st Session of the United Nations Human Rights Council.  Reuters also reports on the planned hearings.

Legality of Ritual Circumcision In Germany Remains Problematic

In Germany, the questions surrounding religious circumcision of young boys by Jewish and Muslim families have become even more complex in recent days.  The New York Times reported yesterday that German officials have been meeting in Germany with Israel's chief Ashkenazi rabbi  Yona Metzger since Monday seeking a way to provide legal protection for religious circumcisions in the wake of a trial court ruling in June by a court in Cologne that held it illegal for parents to decide to circumcise boys who are too young to give their own legal consent. (See prior posting.) Rabbi Metzger said he is confident that a solution will be found, but rejected compromises such as requiring that the procedure be performed by a doctor (with a mohel merely in attendance) or requiring use of anesthesia. Meanwhile in the city of Hof in the state of Bavaria, a local doctor filed a criminal complaint with prosecutors against a local rabbi, David Goldberg, who performs ritual circumcisions.  The complaint cited the Cologne court ruling.  It is unclear whether prosecutors are moving ahead with the case.

UPDATE: The Forward (8/31) reports that a complaint against a second rabbi filed with the prosecutors office in Berlin was dropped on Aug. 15 as unfounded. The complaint was filed against Rabbi Yitshak Ehrenberg after he defended circumcision on a television talk show. The prosecutor's office said: "Even if a non-medical circumcision were to take place it would not meet the elements of severe bodily harm."

Massachusetts High Court: Polygamy Statute Applies To Marriage After Undissolved Civil Union

In Elia-Warnken v. Elia, (MA Sup. Jud. Ct., July 26, 2012), the Massachusetts Supreme Judicial Court held that Massachusetts will recognize a Vermont same-sex civil union as equivalent to a marriage in Massachusetts. It went on to hold that the result of this is the application of Massachusetts' polygamy statute to a partner in a same-sex civil union who subsequently enters a same-sex marriage in Massachusetts without first obtaining dissolution of the civil union. The Massachusetts marriage would thus be void.  While the polygamy statute applies to a person entering a marriage while the person has a "husband" or "wife," the court held that these terms include any legal spousal relationship. [Thanks to Alliance Alert for the lead.]

Report On Religious Hostility In U.S. Released By Groups To Coincide With Republican Platform Meetings

On Monday, the Family Research Council and Liberty Institute issued a press release announcing the release of an updated edition of The Survey of Religious Hostility In America.  The report-- released in Tampa, Florida to coincide with the Republican National Convention's platform committee meetings there --summarizes over 600 legal cases and threats of litigation.  They involve prayers and displays in the public arena; religious expression in public schools; and litigation of various sorts (zoning, equal access, church autonomy) involving churches and ministries.  A separate website devoted to the report and related material has been set up: www.religioushostility.org.  The Introduction to the report, captioned "An Open Letter To the American People," says that "attacks against people of faith ... are permeating our nation"  and takes the Obama administration to task for referring to "freedom of worship" instead of "freedom of religion."

Australian Group Recommends Law Reform On Non-Therapeutic Male Circumcision

In the Australian state of Tasmania, the Tasmania Law Reform Institute has recently released a 101-page report on Non-Therapeutic Male Circumcision. The report was prepared in response to a request from Tasmania's former Commissioner for Children (who opposed performing non-therapeutic procedures on minors) for clarification of the law on circumcision of male children and recommendations for law reform.  The Institute has come forward with 14 recommendations including:

• A general ban on circumcision of incapable minors, but with exceptions for "well-established religious or ethnicity motivated circumcision."
• A requirement of joint parental authorization for a minor to be circumcised, with judicial determination in cases of parental disagreement.
• Minimum standards and required disclosures for circumcisers.
• Enactment of a new Circumcision Act that allows suits by individuals harmed by circumcision to be brought after a person reaches the age of majority.

ABC News reports on developments.

Obama, Romney Interviewed On Religious Faith In America

Washington D.C.'s National Cathedral yesterday released the August issue of its magazine Cathedral Age which contains an interview with President Barack Obama and Governor Mitt Romney on religious faith in America.  The full interviews may be downloaded after registering at the Cathedral's website.  Among the more interesting exchanges was the following:

Some people have questioned the sincerity of your faith and your Christianity. How do you respond to those questions?

President Obama: I spoke about this a bit at the National Prayer Breakfast last year. You know, there’s not much I can do about it. I have a job to do as president, and that does not involve convincing folks that my faith in Jesus is legitimate and real. I do my best to live out my faith, and to stay in the Word, and to make my life look more like His. I’m not perfect. What I can do is just keep on following Him, and serve others—trying to make folks’ lives a little better using this humbling position that I hold.

Governor Romney: I am often asked about my faith and my beliefs about Jesus Christ. I believe that Jesus Christ is the Son of God and the Savior of mankind. Every religion has its own unique doctrines and history. These should not be bases for criticism but rather a test of our tolerance. Religious tolerance would be a shallow principle indeed if it were reserved only for faiths with which we agree.

In response to another question, Gov. Romney said: "In recent years, the notion of the separation of church and state has been taken by some well beyond its original meaning. They seek to remove from the public domain any acknowledgment of God. Religion is seen as merely a private affair with no place in public life. The Founders proscribed the establishment of a state religion, but they did not countenance the elimination of religion from the public square...."

NYPD Testimony Says Spying On Muslims Generated No Terrorism Leads

AP reports that a deposition of a New York assistant police chief unsealed yesterday reveals that the surveillance of Muslim neighborhoods carried out for over 6 years by the NYPD's secret Demographics Unit (now known as the Zone Assessment Unit) has never generated a lead or triggered a terrorism investigation. According to AP:

The Demographics Unit is at the heart of a police spying program, built with help from the CIA, which assembled databases on where Muslims lived, shopped, worked and prayed. Police infiltrated Muslim student groups, put informants in mosques, monitored sermons and catalogued every Muslim in New York who adopted new, Americanized surnames.

The deposition was given last June in litigation raising the question of whether the New York Police Department's current surveillance program violates a long-standing consent decree that led to the so-called Handschu Guidelines for investigations involving political activity. Those Guidelines were last modified in 2003. (Background). (See prior related posting.)

Scattering of Bacon Before Muslim Ceremony Being Investigated As Hate Crime

SI Live reported yesterday that police in Staten Island, New York are investigating as a hate crime the scattering of pieces of bacon at a park Sunday prior to 1,500 Muslims attending a ceremony there to mark the end of Ramadan. A number of elected Staten Island officials spoke out against the bias displayed by the incident.

No Vatican Respondeat Superior Liability For Abusive Priest

The Oregonian and  AP report that an Oregon federal district court yesterday, in a ruling from the bench, dismissed respondeat superior claims against the Vatican in a sexual abuse case brought against a priest who allegedly was moved to Portland despite knowledge of a history of sexual abuse.  In Doe v. Holy See, which was on remand from the 9th Circuit (see prior posting), district judge Michael Mosman concluded that plaintiff had not shown that there was an "employment relationship" between now-deceased priest, Rev. Andrew Ronan and the Vatican.  An employment relationship is a necessary prerequisite to respondeat superior liability. The abuse victim's suit however continues against Ronan's religious order, and his attorneys say they will appeal yesterday's ruling regarding the Vatican.

Conservative Christian Scholar Says Seminaries Discriminated Against Him Because of His Beliefs

Religion News Service reported yesterday on an EEOC complaint that was filed last month by Rev. Jamal-Dominique Hopkins, an African-American expert on the Dead Sea Scrolls, who says that he was fired by an Atlanta consortium of Black seminaries because of his conservative Christian views. Hopkins charges that Interdenominational Theological Center administrators intimidated him, gave him poor evaluations and changed student grades he had assigned before they ultimately refused to renew his contract.  Hopkins says his problems began after he organized a meeting of the InterVarsity Christian Fellowship where attendees were offered a book that declared homosexuality a sin. ITC's president has said that the Center's actions had nothing to do with academic freedom.

White House Greetings Issued For Eid al-Fitr

Eid al-Fitr, marking the end of Ramadan, was celebrated by Muslims this past Sunday.  Last Saturday President Obama issued a statement (full text) extending warm wishes from himself and Michelle to Muslim communities in the U.S. and around the world as they celebrated the Eid.  He said in part: "In the United States, Eid-al-Fitr speaks to the truth that communities of faith -- including Muslim Americans -- enrich our national life, strengthen our democracy and uphold our freedoms, including the freedom of religion."

Lack of Court and NY AG's Approval Invalidates Church's Property Transfer

In Lord-N-Fields Voice of Freedom Bible Church Community Workers Intl., Inc. v Kwan, (Sup. Ct. Suffolk County NY, Aug. 2, 2012), a New York state trial court voided the transfer of a 5.5 acre parcel of land that plaintiff church had made to a private corporation ostensibly to facilitate financing for a  senior citizens' housing project the church wished to construct on the land.  The suit alleged that the corporation then transferred the land to its majority stockholder who, along with two associates, proceeded to mortgage the properties and take the proceeds for their own benefit.  The court held that because the initial transfer of the property from the church was not approved by the court with the consent of the attorney general as required by NY Religious Corporation Law Sec. 12(1), that transfer was void.  So then were subsequent transfers and mortgages stemming from it.

Pakistan's President Calls For Report On Arrest of Illiterate Christian Girl For Blasphemy

BBC News, CNN and AFP report that in Pakistan last Thursday, police reluctantly arrested a Christian girl for desecrating pages of the Qur'an and took her parents into protective custody after 150 demonstrators demanded action and threatened to burn down Christian homes. More than 600 people temporarily fled the Christian neighborhood in the Mehrabad slum near Islamabad in response to the  mob threats. The girl, identified as Rimsha, was remanded into 14-days custody. Police say the girl is in her teens, but a spokesman for the All Pakistan Minorities Alliance says she is 11 to 12 years old and has Down's syndrome.  Pakistan's Minister for National Harmony said that the girl probably did not purposefully desecrate the holy book. Police say the girl, who is illiterate and has never attended school, was gathering paper as fuel for cooking and unknown to her some of the papers she burned were pages of the Qur'an. Pakistan's blasphemy laws provide up to life in prison for desecrating the Qur'an. Pakistan's president Asif Ali Zardari called for the interior ministry to submit an urgent report on the incident, and said that vulnerable parts of society must be protected from misuse of the blasphemy laws. A presidential spokesman said that no one will be allowed to misuse blasphemy laws to settle personal scores.

At Muslim Ceremony, Illinois Governor Signs Bill Giving College Students Religious Attendance Accommodation

Yesterday, at a ceremony marking the end of the Muslim holy month of Ramadan, Illinois Governor Pat Quinn signed SB 2949, the University Religious Observances Act. The Chicago Tribune reports that Quinn participated with Muslim worshipers in the Salaat al-Eid ceremony held in suburban Chicago's Toyota Field.  Some 15,000 people attended the event that was organized by a local mosque. Quinn also used the occasion to decry recent attacks against Muslims in Illinois. The law signed by Quinn provides that public and secular private colleges must give a student an excused absence and an opportunity to make up missed work or exams if the student was unable to attend class, take an exam or complete a work requirement on a particular day because of the student's religious beliefs.  The student, however, must give the affected faculty member advance notice of the absence, and the college need not provide for making up the exam, study or work assignment if it would create an unreasonable burden for the institution.

Pool Reporters Accompany Romney To Church For First Time

Yesterday for the first time a small group of pool reporters were permitted to accompany presumptive Republican Presidential nominee Mitt Romney to church services at a Mormon church in Wolfboro, New Hampshire. Mormon churches, such as the one Romney attended yesterday, are open to non-Mormon visitors; however attendance at any of the 100 Mormon temples around the world is restricted to baptized Mormons who are qualified and prepared. The New York Times reporting on yesterday's service said that Romney's campaign strategists have decided that his religious devotion and his church leadership will appeal to voters. Another account of the Romney's in church yesterday comes from Buzzfeed's pool reporter who is herself a Mormon.

New Air Force Document Promotes Free Exercise and Government Religious Neutrality

Earlier this month, the U.S. Air Force released a  new Directive on "Air Force Culture," Air Force Policy Directive 1, (Aug. 7, 2012). This brief Policy Directive was implemented by a much longer document, Air Force Instruction 1-1, (Aug. 7, 2012).  God and Country blog describes the new documents as a "parting gift to the Air Force" from newly-retired General Norton Schwartz. The documents consolidate and revise a number of other regulations, but add new content as well.  The Instruction has several sections that relate to the Air Force's attitude toward religion and religious beliefs of Air Force personnel:

1.7.4.1. Chaplain.  The Chaplain Corps provides spiritual care and the opportunity for Air Force members and their families to exercise their constitutional right to the free exercise of religion.  This is accomplished through religious observances, pastoral care, and confidential counseling, and advising leadership on spiritual, ethical, moral, morale, core values, and religious accommodation issues....

1.7.4.4. Equal Opportunity (EO). The purpose of the EO program is to enhance unit cohesion, mission readiness, and mission accomplishment by ensuring equal treatment and employment opportunity for all members. The Air Force has a zero-tolerance policy towards unlawful discrimination of any kind, including sexual harassment.... Air Force members must not unlawfully discriminate against, harass, intimidate, or threaten another person on the basis of race, color, religion, gender, national origin, age, disability, reprisal, or genetic information.....

2.11. Government Neutrality Regarding Religion. Leaders at all levels must balance constitutional protections for an individual’s free exercise of religion or other personal beliefs and the constitutional prohibition against governmental establishment of religion.  For example, they must avoid the actual or apparent use of their position to promote their personal religious beliefs to their subordinates or to extend preferential treatment for any religion.  Commanders or supervisors who engage in such behavior may cause members to doubt their impartiality and objectivity.  The potential result is a degradation of the unit’s morale, good order, and discipline.  Airmen, especially commanders and supervisors, must ensure that in exercising their right of religious free expression, they do not degrade morale, good order, and discipline in the Air Force or degrade the trust and confidence that the public has in the United States Air Force.

2.12. Free Exercise of Religion and Religious Accommodation. Supporting the right of free exercise of religion relates directly to the Air Force core values and the ability to maintain an effective team.

2.12.1. All Airmen are able to choose to practice their particular religion, or subscribe to no religious belief at all.  You should confidently practice your own beliefs while respecting others whose viewpoints differ from your own.

2.12.2. Your right to practice your religious beliefs does not excuse you from complying with directives, instructions, and lawful orders; however, you may request religious accommodation.  Requests can be  denied based on military necessity.  Commanders and supervisors at all levels are expected to ensure that requests for religious accommodation are dealt with fairly....

3.3.1. Tattoos/Brands/Body Markings.  Members may not have or obtain tattoos, brands, or other markings anywhere on the body that are: obscene; commonly associated with gangs, extremist, and/or supremacist organizations; or that advocate sexual, racial, ethnic, or religious discrimination....

(See prior related posting.)

Recent Articles of Interest

From SSRN:

• Steven Aiello, Aymenn Jawad Al-Tamimi and Ella Ran, Religion and Politics, (Women in International Security Israel Middle East Review, Vol. 2, No. 5, August 2012).
• Natalie Schoon and Julinda Nuri, Comparative Financial Systems in Judaism, Christianity and Islam: The Case of Interest, (June 1, 2012).
• M. Mohsin Alam Bhat, ‘Religion’ Versus ‘Rights’: Why We are Wrong about ‘Defamation of Religions’,(September 15, 2011).
• Lorenzo Zucca, What is the Place of Sharia Law in European Legal Systems?, (Lorenzo Zucca, A Secular Europe. Law and Religion in the European Constitutional Landscape, Oxford: OUP, 2012).
• Steven G. Calabresi and Abe Salander, Religion and the Equal Protection Clause, (Northwestern Public Law Research Paper No. 12-19, Aug. 14, 2012).
• Rene Provost and Colleen Sheppard, Dialogues on Human Rights and Legal Pluralism, (René Provost & Colleen Sheppard eds, Dialogues on Human Rights and Legal Pluralism, Springer, 2012).

From SmartCILP:

• Winfried Brugger, Separation, Equality, Nearness: Three Church-State Models, [Abstract], 25 International Journal for the Semiotics of Law 263-281 (2012).
• Kristina Benson, Shar'ia Law and the Accommodation of Difference: Explaining the Emergence and Continued Importance of British Shar'ia Councils, [Abstract], 11 UCLA Journal of Islamic & Near Eastern Law 21-35 (2011-2012).

Civil Suit Filed Against Christian Organizations In Bid To Reverse Kidnapping After Civil Union Dissolution

As previously reported, last Tuesday a federal court jury in Burlington, Vermont, found a Beachy Amish-Mennonite pastor guilty of abetting a parental kidnapping by Lisa Miller, who had been in a Vermont civil union with another woman. Miller (who declared herself a born-again Christian) sought to avoid the court-ordered child visitation rights awarded to her former partner Janet Jenkins by fleeing, ultimately to Nicaragua, where she has obtained shelter from Christian missionaries. On the same day the conviction was announced, Janet Jenkins filed a civil suit in federal district court in Vermont seeking damages and an injunction ordering return of the kidnapped child to the United States.  The suit was filed against Lisa Miller and against a number of Christian organizations and their personnel, all of whom were alleged to have been involved in some way in assisting Lisa Miller.  The complaint (full text) in Jenkins v. Miller, (D VT, filed 8/14/2012), included as defendants the convicted pastor, Christian Aid Ministries, Response Unlimited Inc., Liberty University Law School, and Thomas Road Baptist Church (whose pastor is the son of the late Jerry Falwell).  It alleges as to various defendants violations of the Racketeer Influenced and Corrupt Organizations Act, kidnapping, conspiracy to violate civil rights, and a claim under 42 USC 1986 for neglecting to prevent civil rights violations by others. According to last week's Lynchburg (VA) News & Advance, Liberty University law school dean Mathew Staver says the suit is "completely outrageous, and filled with lies and misrepresentations." [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In McKinley v. Maddox, (10th Cir., Aug. 14, 2012), the 10th Circuit reversed the district court and remanded for further proceedings an inmate's complaint that he was denied the right to attend off-site church services for a month, with no services being offered at his correctional facility.

In Sorenson v. Minnesota Department of Corrections, 2012 U.S. Dist. LEXIS 107912 (D MN, Aug. 2, 2012), a Minnesota federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 112495, June 20, 2012) and rejected free exercise, RLUIPA and 14th amendment claims by plaintiff who complained that while he was serving a state prison sentence he was not allowed to attend his father's funeral.

In Albaiaty v. Pocwierz, 2012 U.S. Dist. LEXIS 113509 (D NE, Aug. 13, 2012), a Nebraska federal district court dismissed, with leave to amend, an inmate's complaint that prison authorities would not allow him to have an English copy of the Qur'an brought to him by his family in addition to, or in exchange for, an Arabic language version he currently has.  He claimed that inmates are allowed to have several copies of the Christian Bible, but only one of the Qur'an.

In Paladino v. Newsome, 2012 U.S. Dist. LEXIS 113748 (D NJ, July 31, 2012), a New Jersey federal district court rejected an inmate's claim that his free exercise rights were infringed when he was denied the opportunity to attend religious services while in administrative segregation.

In Patterson v. West Virginia Regional Jail and Correctional Facility Authority, 2012 U.S. Dist. LEXIS 112686 (D WV, Aug. 10, 2012), a West Virginia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 112801, July 3, 2012) and dismissed generalized religious discrimination claims by an inmate, apparently involving access to Muslim or kosher meals coordinated with Ramadan fasting, access to a Qur'an and a Muslim spiritual leader.

In Streater v. Thaler, 2012 U.S. Dist. LEXIS 113448 (ED TX, Aug. 13, 2012), a Texas federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 113612, July 1, 2012) and dismissed for failure to exhaust administrative remedies the portion of an inmate's retaliation complaint that alleged he was placed in lock down for four days without privileges, and was denied the right to attend Ramadan services.

In Carter v. Unnamed Wallens Ridge State Prison Employees, 2012 U.S. Dist. LEXIS 116060 (WD VA, Aug. 16, 2012), a Virginia federal district court dismissed as moot an inmate's complaint that he had been prevented from participating in the Ramadan celebration. The court refused to continue the action so plaintiff could exhaust his administrative remedies on complaints about the quality of food during Ramadan.

In Gray v. Arpaio, 2012 U.S. Dist. LEXIS 115498 (D AZ, Aug. 16, 2012), an Arizona federal district court dismissed a Muslim inmate's complaint regarding denial of a religious diet.

Madonna And Concert Organizers Sued In Russia For Offending Believers and Cultural Traditions

The Huffington Post, Interfax, and Businessweek all report yesterday and today on a 333 million ruble ($10.4 million US) lawsuit filed in a Russian court against the U.S. pop star Madonna for offending the feelings of believers and the cultural traditions of city residents during her Aug. 9 concert in St. Petersburg.  Also named as defendants were the concert organizer PMI Corp. and the venue at which it was held, Peterburgsky Sports and Concert Complex.  At the concert, Madonna championed equal rights for gays in protest of legislation passed earlier this year by St. Peterburg banning "propaganda of sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors."  At the concert she apparently also stomped on an Orthodox cross, asking everyone in the audience wearing pink bracelets to raise their hands.  The suit was brought by members of the Trade Union of Russian Citizens and of Narodny Sobor. Plaintiffs' lawyer, Alexander Pochuyev, responding to criticism that characterized the lawsuit as medieval behavior, said that plaintiffs have used: "a civilized, modern and popular way of defending their rights - by filing a lawsuit. No one burned anyone at the stake or used the inquisition. Modern civilization requires religious tolerance and respect of other values."

EEOC Wins Settlement In Religious Accommodation Suit

The EEOC announced this week a settlement agreement in a religious discrimination lawsuit it had filed in an Indiana federal district court against Magnetics International, Inc.  The EEOC alleged that Magnetics fired Daniel Bewley who was employed as a laborer rather than offering a reasonable accommodation for his religious needs.  Before accepting the job, Bewley, a Christian, had told the company that he needed to attend church at least every other Sunday.  Subsequently however the company insisted that he work on consecutive Sundays. Under the consent decree, Magnetics will pay $30,000 in damages, will track and respond to requests for religious accommodation for the next three years, and will post a non-discrimination policy and institute employee training on non-discrimination. [Thanks to Steven H. Sholk for the lead.]

Christian School's Zoning Challenge Dismissed On Ripeness Grounds

In Tree of Life Christian Schools v. City of Upper Arlington, (SD OH, Aug. 16, 2012), an Ohio federal district court dismissed on ripeness grounds a lawsuit by a private Christian school that unsuccessfully sought a conditional use permit to operate in a commercial office building. The suit asserted RLUIPA as well as 1st and 14th Amendment and state constitutional claims. The school had been advised by the city that rezoning, rather than a conditional use permit application, would be required, but the school never initiated the rezoning process. The court concluded that the city should have the opportunity to conduct the type of in-depth review of the impact of the use of the building that would occur in a rezoning hearing. (See prior related posting.)

New Study Surveys Regulation of Religion In Denmark

In Denmark, the University of Copenhagen's Centre for European Islamic Thought this month published a 234-page study titled Danish Regulation of Religion, State of Affairs and Qualitative Reflections. The study is part of the European Union's RELIGARE project. The new report surveys four areas: (1) religion and family in Denmark; (2) religion and the labor market in Denmark; (3) religion and public space in Denmark; and (4) state support for religions in Denmark. [Thanks to Niels Valdemar Vinding via Religionlaw for the lead.]

Russian Punk Rockers Get 2 Years For Hooliganism Motivated By Religious Hatred

In Russia today, three members of the feminist Pussy Riot punk-rock band were convicted on charges of hooliganism motivated by religious hatred and each were given a 2 year prison sentence. The charges carried a maximum sentence of 7 years, and the prosecution had asked for 3 years.  The three had been arrested after they entered a nearly empty Christ the Savior Cathedral and performed an obscene "punk prayer" in protest of the Russian Orthodox Church's political support for Vladimir Putin. (See prior posting.) The trial has been widely followed around the world as a test of democracy and free expression in Russia. Describing today's Moscow court proceedings, the Washington Post said:

The judge’s recitation Friday dwelled on what sounded like an offense to the church rather than the state. She quoted at length witnesses who said they were believers deeply offended by the one-minute performance.

One witness said that the young women violated the Cathedral of Christ the Savior dress code with their short dresses and that women were expected to behave modestly in church. Another said public prayers were not permitted in the cathedral without the presence of a priest. If that wasn’t bad enough, one witness said, the performance occurred just before Lent.

UPDATE: Interfax reported (8/17) that the Russian Orthodox Church has asked the Russian authorities "to show mercy within the law towards the convicted" Pussy Riot band members. Meanwhile The Examiner (9/18) reprints an English translation of a recent Open Letter (full text in Russian) in which nearly 200 Russian lawyers and jurists argue that the band members should have been charged at  most merely with the minor offense under Art. 5.26 of the Russian Code of Administrative Offenses of Insulting Religious Feelings of Citizens.

Jury Awards $1.6 Million Damages For Hotel Owner's Actions Against Jewish Group

A jury in a California state trial court this week awarded $1.2 million in compensatory damages and over $400,000 in punitive damages to members of the Friends of Israel Defense Forces for violation of the anti-discrimination provisions of California's Unruh Civil Rights Act by a hotel at which the group was holding an event.  As reported by the New York Times and the Los Angeles Times, plaintiffs claimed that the owner of the Santa Monica Hotel Shangri-La, Tehmina Adaya (a Pakistani-born Muslim), attempted to evict the Jewish group (repeatedly using profanity), but finally allowed them to stay if they removed all signage and literature identifying the purpose of the event. A former employee sad that Adaya feared her family would cut off financing from her if they learned there was a Jewish event at the hotel. Adaya denied the charges.

Justice Department Sues Florida Prisons Over Lack of Kosher Meals For Religious Accommodation

As reported by the Huffington Post, on Tuesday the U.S. Department of Justice filed suit in federal district court against the Florida Department of Corrections claiming that its refusal to supply kosher meals (except in a small pilot program in one facility) to those who have a religious need for them violates the Religious Land Use and Institutionalized Persons Act.  The complaint (full text) in United States v. Secretary, Florida Department of Corrections, (SD FL, filed 8/14/2012), alleges that Florida's "dietary policies force prisoners with a religious basis for consuming kosher meals to violate their core religious beliefs on a daily basis." Florida prisons discontinued their prior Jewish Dietary Accommodation Program in 2007.

Saudi Government Agency Files 166 Objections, Many Religion-Based, To Proposed New gTLD's

As previously reported, in June the Internet Corporation for Assigned Names and Numbers (ICANN) published a list of who has applied for which new generic Top-Level Domain (gTLD) names.  At least 15 of the proposed new gTLD's have religious connotations.  With the deadline for general comments on the applications recently extended to September 26, already a number of objections, as well as supporting statements, have been filed for certain of the religious themed URL suffixes. Today Online reported yesterday that Saudi Arabia's Communication and Information Technology Commission has filed 166 objections.  The gTLD's that the Saudi's oppose include .catholic (because other churches use the term in their names) and .islam (because the applicant cannot represent the entire Muslim community).  The Saudi Commission states more generally:

... we believe that any and all gTLD applications for any name in relation to religion or a specific community should be presented to representative members of that community for evaluation and the view of such members should be taken into account when granting or denying the application. If this cannot be accomplished then these community and religious sensitive names/words should be restricted completely from being used as gTLD's altogether.

The Saudis have also filed objections to proposed gTLD's that are associated with items prohibited by Islamic law, such as .tattoo, .bar, .pub, .gay, .vodka.  The Saudis also oppose .bible because "with a number of religions, and groups within them, disagreeing over the provenance and content of the bible one group or individual should not be permitted to define what the bible is, or is not, on the world wide web."

An examination of the objections which have been filed with ICANN can be searched from this website.  To view all the filings by the Saudis, search by "Name" for "Abdulmjid". Searches can also be made by "String" to find comments on any of the other proposed gTLD's.  For example, an individual concerned about the Church of England has objected to the Vatican's application for the .catholic gTLD. [Correction: an earlier version incorrectly attributed this objection to the Church of England itself.]  [Thanks to Alliance Alert for the lead.]

4th Circuit Grants En Banc Review In Pregnancy Center Compelled Speech Case

On Wednesday, the U.S. 4th Circuit Court of Appeals granted en banc review in Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore. (Full text of court order.) In the case, a 3-judge panel (in a 2-1 decision) in June struck down on free speech grounds a Baltimore ordinance that requires "limited-service pregnancy centers" to post signs announcing that that they do not provide or make referrals for abortion or birth control services. (See prior posting.) The Center for Reproductive Rights issued a press release applauding the decision to rehear the case.

Disciplinary Office Seeks Suspension of Lawyer For Anti-Catholic Statements In Court Filings

As reported by the St. Paul Pioneer Press and by MinnLawyer Blog, the Minnesota Office of Lawyers Professional Responsibility on Wednesday filed with the Minnesota Supreme Court a petition seeking suspension from practice of attorney Rebekah Nett.  The petition alleges a pattern of bad faith litigation and reckless and harassing statements.  Among the statements at issue are a number of anti-Catholic slurs directed at the federal bankruptcy court judge and several federal bankruptcy trustees. This excerpt from the 26-page petition to the state Supreme Court gives a flavor of the statements involved:

Respondent's statements ... that Judge Dreher is a Catholic judge, that Judge Dreher is a black robed bigot, that the Chapter 7 trustee had engaged in lies, deceit, treachery, and connivery... , that the fact that [3 U.S. trustees and the judge] ... are of the same race and religion demonstrates their conspiracy and deceitful practices to hurt the debtor, that ... court systems... are composed of a bunch of ignoramus, bigoted Catholic beasts that carry the sword of the church ... lacked a basis in law or fact and were made with knowledge of their falsity or with reckless disregard at to their truth or falsity.

(See prior related posting.)

German Court Refuses To Ban Demonstrators' Caricatures of Muhammad

AP reports that in Germany, a Berlin administrative court yesterday rejected an emergency appeal by three mosques that are seeking to prevent the right wing "Citizens Movement - Pro Germany" from displaying caricatures of the Prophet Muhammad at a planned demonstration this weekend.  The slogan for the Berlin demonstration is "Islam does not belong in Germany - Stop Islamization." The court ruled that the caricatures are protected by free expression guaranties, and do not violate laws against slander or inciting hate or violence. [Thanks to Alliance Alert for the lead.]

Shooter At Family Research Council Was Supporter of LGBT Rights

The Washington Post report today on the 28-year old man charged with shooting and wounding a security guard at the D.C. office of the Family Research Council suggests that he was motivated by the Council's opposition to expansion of rights for gays and lesbians.  According to the FBI affidavit (full text) seeking to show probable cause to charge Floyd Lee Corkins II, the shooter told the guard, before opening fire, "I don't like your politics."  Corkins' backpack contained 15 sandwiches from Chick-fil-A, whose president recently made highly publicized statements in opposition to same-sex marriage.  Corkins' parents told investigators that Corkins has strong opinions about those he believes do not treat homosexuals in a fair manner. Corkins has been volunteering at a community center that serves LGBT clients.

1st Circuit Upholds Monastery's Copyright Infringement Claims As To Translations Of Religious Works

In Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of Denver, Colorado, (1st Cir., Aug. 2, 2012), the U.S. 1st Circuit Court of Appeals affirmed a Massachusetts district court's copyright infringement judgment in favor of  an Eastern Orthodox monastic order. (See prior posting.)  Holy Transfiguration Monastery translated a number of ancient religious texts.  Archbishop Gregory, a former member of the Monastery, left it and formed his own monastery, the Dormition Skete, in Colorado. The Archbishop also created a website on which he posted 7 of the translations that had been produced b y Holy Transfiguration Monastery. An earlier lawsuit over the postings ended with a settlement agreement. However documents remained on the Archbishop's website, and the present suit-- for breach of contract and copyright infringement followed. The Second Circuit rejected a number of defenses raised by the Archbishop-- including contentions Monastery's Works were made for hire for the Russian Orthodox Church Outside Russia (ROCOR); that they are in the public domain; that the materials are not copyrightable; a fair use defense and a claim that the dispute was a matter of religious law outside the jurisdiction of civil courts.

Particularly at issue was a provision in the Monastic Statutes for Monasteries of ROCOR calling for transfer of monastery property to ROCOR in case of closing or liquidation of a monastery. The Archbishop claimed that this provision was triggered by the Monastery's ending of its affiliation with ROCOR.  The 1st Circuit said:

A review of the record confirms that we may apply the Monastic Statutes' plain terms without treading upon religious doctrine, church governance, and ecclesiastical laws.... Neutrally applying this plain language, we conclude that the Archbishop's position as to ROCOR's ownership holds little water.

Ft. Hood Shooter's Trial Stayed While Appeals Court Considers Forced Shaving of Defendant

The United States Court of Appeals for the Armed Forces yesterday issued an order staying proceedings in the trial of mass shooter Maj. Nidal Hasan.  According to a release from the Fort Hood Public Affairs Office, the stay was imposed while the appeals court decides whether or not the presiding judge in the military trial can order Hasan, who has grown a beard for religious reasons, to be forcibly shaved. (See prior posting.) Earlier yesterday, according to the Los Angeles Times, Hasan's lawyers told the trial court that Hasan wanted to plead guilty for religious reasons to take responsibility for his actions. Military judge Col. Gregory Gross said he was not allowed to accept a guilty plea in a capital case, but that Hasan's lawyers could still enter the plea.

UPDATE: Here is the full text of the Court of Appeals order.  It calls for the military court trial judge to respond by Aug. 22. The full text of Hasan's petition to the appeals court, which includes Hasan's legal arguments in support of the petition, is also available online.  It recites in part that "Petitioner is a practicing Muslim and has recently had a premonition that his death is imminent.  He does not wish to die without a beard as he believes not having a beard is a sin." The Los Angeles Times has further coverage.

Hungary's Ombudsman Wants Court Review Of Law On Churches

BosNewsLife reported yesterday that in Hungary, the country's Ombudsman who is elected by Parliament to protect fundamental civil rights is asking the Constitutional Court to overturn the country's recently enacted Law on the Right to Freedom of Conscience and Religion, and on Churches, Religions and Religious Community. The Constitutional Court struck down an earlier version of the law last year on procedural grounds. (See prior posting.) The law recognizes only 14 religious faiths, instead of the 300 that have previously recognized, and permits others to apply to Parliament for recognition if they have been operating in Hungary for at least 20 years. Under this provision Parliament has recognized 18 additional groups. The Ombudsman contends that the provision in the law that gives Parliament the unreviewable power to decide which groups will be recognized is "contrary to the principle of separation of power, to the right to fair procedure and to the right to legal remedy."  Formal recognition gives churches tax-free status and access to government support.  It also authorizes them to collect contributions during services and do pastoral work in jails and hospitals.

11th Circuit Orders Hearing On Standing In 10 Commandments Case

In American Civil Liberties Union of Florida, Inc. v. Dixie County Florida, (11th Cir., Aug. 15, 2012), the U.S. 11th Circuit Court of Appeals remanded to the district court for a hearing on standing a case challenging the constitutionality of a Ten Commandments statue near the entrance to the Dixie County, Florida courthouse. The individual (identified as John Doe) through whom the ACLU claims organizational standing is a North Carolina resident who was offended when he saw the statue during a trip to the courthouse to check out certain real estate records. At issue was whether the statue was the cause of  Doe's not moving ahead to purchase property in the county. Judge Edmondson dissented in part, arguing that the case should be remanded for immediate dismissal, rather than for a further hearing on standing. The Wall Street Journal reports on the decision.

Islamists Launch Online Attacks Against 2 Tunisian Olympians

AP reported yesterday that in Tunisia, Islamic fundamentalists are using social media in a campaign against two Tunisian Olympic athletes. Islamists on social media networks are calling on the Tunisian government to strip steeplechase silver medalist Habiba Ghribi of her Tunisian citizenship because her running outfit was too revealing.  Ghribi is first Tunisian woman to win an Olympic medal.   Separately, the Islamist group Ansar al Chariaa is conducting a Facebook campaign against swimmer Oussama Mellouli because he drank juice before racing during Ramadan. Mellouli won a gold and a bronze medal.

State Secrets Privilege Leads To Dismissal Of Suit For Spying On Mosques

The Los Angeles Times reports that yesterday a California federal district court dismissed a class action lawsuit that had been filed against the federal government and the FBI for planting an informant in Orange County, California mosques. The court accepted the government's assertion of the state secrets privilege-- that national security would be endangered by disclosing targets in counter-terrorism investigations. The court, however, permitted claims under the Foreign Intelligence Surveillance Act against individual FBI agents and supervisors to proceed.

UPDATE: The text of the court's opinion in Fazaga v. FBI, 2012 U.S. Dist. LEXIS 116723 (SD CA, Aug. 14, 2012) is now available.

Court Can Hear Clergyman's Claim For Unpaid Salary Due

In Crymes v. Grace Hope Presbyterian Church, Inc., (KY App., Aug. 10, 2012), a Kentucky state appeals court held that the 1st Amendment does not prevent a court from hearing a suit for unpaid salary and benefits brought by a Presbyterian pastor who was fired from his position.  The court said:

It is undisputed that Crymes is not contesting Grace Hope's termination of him as pastor. Rather, Crymes is merely seeking compensation for unpaid salary and benefits allegedly owed to him for work performed prior to his termination.... A claim for unpaid wages and benefits for work previously performed under an employment contract is not ecclesiastical and is reviewable by the court.

First Amendment Center reports on the decision.

Passenger Sues El Al After Orthodox Jewish Man Takes Her Seat To Avoid Sitting Next To A Woman

A Florida woman is suing Israel's El Al airlines, apparently in an Israeli court, for gender discrimination after a flight steward on her flight to Israel moved her to a less desirable seat further back in the plane.  As reported by Israel Hayom, Digital Journal and Arutz Sheva, Debra Ryder boarded a flight in New York and found that her assigned seat was already occupied by an ultra-Orthodox Jewish man who had moved to it to avoid sitting beside a woman passenger who was next to him in his original seat.  The man refused to move back, and a crew member asked Ryder to instead take the man's assigned seat so the flight could take off.  Ryder had chosen her original seat so she could be near a rest room to facilitate her taking medications. The seat change also resulted in her not getting the vegetarian meal she had pre-ordered. Ryder is asking for NIS 50,000 ($12,500 US) in damages .

Pastor Convicted Of Aiding Parental Kidnapping By Woman Ending Her Civil Union

Yesterday, a federal court jury in Burlington, Vermont found Kenneth L. Miller, a Beachy Amish-Mennonite pastor from Virginia, guilty of abetting an international parental kidnapping. The New York Times reports on the case in which Lisa Miller (no relation to the pastor), who had been in a Vermont civil union with another woman, sought to avoid the court-ordered child visitation rights awarded to her former partner by fleeing with her daughter first to Virginia (where she declared herself a born-again Christian), then to Canada and finally to Nicaragua. Pastor Miller helped the mother arrange to fly from Canada to Nicaragua and obtain shelter from missionaries in Nicaragua. (See prior posting.)

Pope's Butler Formally Indicted In Document Leak

Radio Vatican reported yesterday that Pope Benedict XVI's former butler, Paolo Gabriele, has been formally charged with, and will stand trial for, grand theft in the leaking of private documents about the Pope and other Curia officials to the press. The full text of the indictment in Italian is available online. Apparently Gabriele has confessed to furnishing the documents to Italian Journalist Gianluigi Nuzzi, saying that he believed the Pope was ill-informed of evil and corruption in the church. (See prior related posting.)