Any attempt to adjudicate Higg's claim would require an impermissible inquiry into the Conference's investigation of the complaints against Higgs and Kevin, into the results of the investigation conducted by the Conference, into the factual findings that formed the basis for the resolution and into the Conference's decision to remove Higgs and Kevin from COR.... Additionally, allowing the claims regarding Bole's May 31, 2011 conversation ... and ... e-mails ... to proceed could have a chilling effect on communication among members of a congregation regarding church leadership.... For these reasons, the trial court did not have subject-matter jurisdiction over Higg's claims against Bole by virtue of the First and Fourteenth Amendments to the United States Constitution.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, September 03, 2012
Alabama High Court Dismisses Pastor's Defamation Claim On 1st Amendment Grounds
In In re Higgs v. Bole, (AL Sup. Ct., Aug. 31, 2012), the Alabama Supreme Court dismissed a defamation, invasion of privacy and intentional infliction of emotional distress lawsuit brought by Lawton Higgs, Sr., a United Methodist pastor, against a lay member of the Church of the Reconciler (COR). Tom Bole, a lay member of COR, wrote to Rev. Ron Schultz, a district supervisor of the North Alabama Conference of the United Methodist Church, charging COR pastor emeritus Lawton Higgs, Sr., and his son Kevin Higgs who served as COR's senior minister, with accounting irregularities, as well as expressing concern about the pastors' liberal political rhetoric. The Conference began an investigation, but on May 26, 2011, informed various COR members that the complaint was dismissed and that the Higgs' would be transferred out of any role in the congregation. At that point, Bole sent a e-mail to numerous members of the congregation charging the Higgs' with wrongful conduct. Lawton Higgs, Sr. sued. Finding that his claims were intertwined with the underlying investigation by the Conference, the court concluded:
Recent Articles and Book of Interest
From SSRN:
- Cornelia Koch, The Sky is Falling If Judges Decide Religious Controversies! - Or is it? The German Experience of Religious Freedom under a Bill of Rights, (P. Babie and N. Rochow (eds), Freedom of Religion under the Bill of Rights', University of Adelaide Press, Adelaide 190-215, 2012).
- Paul T. Babie and Neville Grant Rochow, SC, Protecting Religious Freedom under Bills of Rights: Australia as Microcosm, (P. Babie and N. Rochow (eds), Freedom of Religion under the Bill of Rights', University of Adelaide Press, Adelaide 190-215, 2012).
- Ngaire Naffine, How Religion Constrains Law and the Idea of Choice, (P. Babie and N. Rochow (eds), Freedom of Religion under the Bill of Rights', University of Adelaide Press, Adelaide 190-215, 2012).
- Jonathan C. Augustine, Environmental Justice and Eschatology in Revelation, (Loyola Law Review, New Orleans, Vol. 58, No. 2, 2012, Forthcoming).
- Bruce MacDougall, Elsje Bonthuys, Kenneth Norrie, and Marjolein Van den Brink, Conscientious Objection to Creating Same-Sex Unions: An International Analysis, (Canadian Journal of Human Rights, Vol. 1, No. 1, pp. 127-164, 2012).
- Patrick McKinley Brennan, The Mighty Work of Making Nations Happy: A Response to James Davison Hunter, (Pepperdine Law Review, Forthcoming).
- Carl H. Esbeck, Defining Religion Down: Hosanna-Tabor, Martinez, and the U.S. Supreme Court, (First Amendment Law Review, Forthcoming).
- Terri Day and Leticia M Diaz, The Affordable Care Act and Religious Freedom: The Next Battleground, Georgetown Journal of Law & Public Policy, Vol. 11, No. 1, 2012.
- Rachel Gillum and David C. Wilson, American Muslims or Muslim Americans?: Impact of Perceived Discrimination on Confidence in Security Institutions, (August 27, 2012).
- Bradley T. Borden and Katherine E. David, Sales of Church Real Property to Parishioners, (24 Tax’N Exempts 3, July/Aug. 2012).
- Jack B. Harrison, The Strange Intersection Between Law, Religion, and Government in the Regulation of Marriage, 6 Charleston Law Review 547-568 (2012).
- Kim Benita Vera, From Papal Bull to Racial Rule: Indians of the Americas, Race, and the Foundations of International Law, [Abstract], 42 California Western International Law Journal 453-472 (2012).
Recent Book:
- Shimon Gershon Rosenberg, Zot Briti (This Is My Covenant: Conversion, Secularization, Civil Marriage ), edited by Amnon S. Dukov, Zohar Maor, Moshe S. Faloch, The Institute for the Advancement of Rabbi Shagar's Writings, 258 pages (in Hebrew ). Reviewed in Haaretz.
Sunday, September 02, 2012
Reverend Sun Myung Moon Dies
Rev. Sun Myung Moon, controversial founder of the Unification Church, died Monday local time in a hospital near Seoul, South Korea. AP reports that the 92-year old religious leader died of pneumonia. The Unification Church claims to have 3 million members worldwide, but critics dispute that figure. It also has acquired extensive business interests, including the Washington Times (which has an extensive article on Rev. Moon's life) and Connecticut's University of Bridgeport.
Court Balances Privacy Concerns In Establishment Clause Discovery Order
A Kentucky federal district court has resolved a discovery issue in the long-running case claiming that Kentucky's funding of the Sunrise Children’s Services (formerly Kentucky Baptist Homes for Children) violates the Establishment Clause. (See prior posting.) In Pedreira v. Sunrise Children's Services, (WD KY, Aug. 30, 2012), a Kentucky federal district court, balancing the privacy concerns of former residents with plaintiffs' need for information, held that KBHC will be required to disclose in discovery the names of former residents who complained of religious proselytization, but not those who complained merely of religious intolerance. It will also be required to disclose names of former employees.
Recent Prisoner Free Exercise Cases
In Murphy v. Lockhart, 2012 U.S. Dist. LEXIS 120548 (ED MI, Aug. 24, 2012), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 156028, Oct. 18, 2011) and dismissed an inmate's 1st and 14th Amendment and RLUIPA objections to the prison's refusal to allow him to receive a book he ordered from the Power of Prophecy Ministries entitled Codex Magica: Secret Signs, Mysterious Symbols, and Hidden Codes of the Illuminati, because it contains information on how to write letters in code.
In Howard v. Skolnik, 2012 U.S. Dist. LEXIS 120342 (D NV, Aug. 23, 2012), a Nevada federal district court dismissed an inmate's objections that prison authorities held only one Muslim service each week. He wanted a separate Nation of Islam service entirely in English. The court awarded plaintiff damages of $120 for 12 lost legal and religious cassette tapes.
In Washington v. Brown, 2012 U.S. Dist. LEXIS 120950 (ED CA, Aug. 23, 2012), a California federal magistrate judge recommended dismissing RLUIPA damage claims by a Muslim inmate who contended that he was not placed on the Ramadan fast list and was not permitted to make up the fast days he missed. The court concluded that: "The plain language of RLUIPA appears to contemplate the creation of a damages remedy against state actors in their individual capacities.... [H]owever, Congress' Spending Clause power does not provide it with authority to enact a private right of action with a monetary damages remedy against individual defendants who are not recipients of federal funds."
In Gulino v. Crossdale, 2012 U.S. Dist. LEXIS 120235 (D CT, Aug. 22, 2012), a Connecticut federal district court dismissed an inmate complaint that a religious object he wore around his neck was confiscated and lost.
In Merrell v. Allred, 2012 U.S. Dist. LEXIS 120311 (D CO, Aug. 24, 2012), a Colorado federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 120312, July 17, 2012) and permitted an inmate to proceed with this claim under RLUIPA that he is being required to undergo an annual TB test despite his protest that the injections violate his religious beliefs.
In Wilson v. Kelly, 2012 U.S. Dist. LEXIS 121293 (ND NY, Aug. 27, 2012), a New York federal district court in an unusual move rejected a part of a magistrate's recommendations (2012 U.S. Dist. LEXIS 121450, June 22, 2012) and permitted an inmate to proceed with his claim that one of the defendants retaliated against him for filing a grievance by having his name removed from the kitchen Ramadan list. However the court dismissed his complaint that he missed 7 religious services while in keep lock confinement.
In Grissom v. Werholtz, 2012 U.S. Dist. LEXIS 121694 (D KS, Aug. 28, 2012), a Kansas federal district court dismissed an inmate's complaint that the chaplain required him to sign a change of religion form in order for him to keep a Celtic cross and chain that he possessed. The cross was not a crucifix and so was not authorized for Catholic prisoners.
In McChesney v. Hogan, 2012 U.S. Dist. LEXIS 120509 (ND NY, Aug. 23, 2012), a New York federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 122503, July 30, 2012) and dismissed a claim by a civilly committed atheist that forcing him to participate in various specific sex offender treatment programs violates his free exercise rights and the Establishment Clause.
In Whitfield v. Tulp, 2012 U.S. Dist. LEXIS 123144 (ED CA, Aug. 28, 2012), a California federal magistrate judge dismissed a former inmate's various constitutional and statutory claims growing out of correctional officers' refusal to allow him to send his excess personal and legal property to a friend. His property, including religious materials and a Bible, was confiscated and destroyed. The court concluded: "there is no support for a claim that Defendants acted to prevent Plaintiff from engaging in the practice of his religion."
In Thomas v. Connolly, 2012 U.S. Dist. LEXIS 123951 (SD NY, Aug. 30, 2012), a New York federal district court adopted a magistrate's recommendations and dismissed a Muslim inmate's complaint that his free exercise rights were infringed when he was not permitted to distribute food as an act of charity for his Zakat-ul-Fitr obligation, and when confusion in scheduling caused him to be unable to participate in observance of the first and last days of the Ten Days of Muharram Festival.
In Knight v. Mulvaney, 2012 U.S. Dist. LEXIS 123325 (WD MI, Aug. 30, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 123622, July 30, 2012) and dismissed a claim by a Nation of Islam inmate who claimed his free exercise, 14th Amendment and RLUIPA rights were violated when he was placed in temporary segregation and was designated a security threat group leader for proselytizing other prisoners and possessing religious literature.
In Howard v. Skolnik, 2012 U.S. Dist. LEXIS 120342 (D NV, Aug. 23, 2012), a Nevada federal district court dismissed an inmate's objections that prison authorities held only one Muslim service each week. He wanted a separate Nation of Islam service entirely in English. The court awarded plaintiff damages of $120 for 12 lost legal and religious cassette tapes.
In Washington v. Brown, 2012 U.S. Dist. LEXIS 120950 (ED CA, Aug. 23, 2012), a California federal magistrate judge recommended dismissing RLUIPA damage claims by a Muslim inmate who contended that he was not placed on the Ramadan fast list and was not permitted to make up the fast days he missed. The court concluded that: "The plain language of RLUIPA appears to contemplate the creation of a damages remedy against state actors in their individual capacities.... [H]owever, Congress' Spending Clause power does not provide it with authority to enact a private right of action with a monetary damages remedy against individual defendants who are not recipients of federal funds."
In Gulino v. Crossdale, 2012 U.S. Dist. LEXIS 120235 (D CT, Aug. 22, 2012), a Connecticut federal district court dismissed an inmate complaint that a religious object he wore around his neck was confiscated and lost.
In Merrell v. Allred, 2012 U.S. Dist. LEXIS 120311 (D CO, Aug. 24, 2012), a Colorado federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 120312, July 17, 2012) and permitted an inmate to proceed with this claim under RLUIPA that he is being required to undergo an annual TB test despite his protest that the injections violate his religious beliefs.
In Wilson v. Kelly, 2012 U.S. Dist. LEXIS 121293 (ND NY, Aug. 27, 2012), a New York federal district court in an unusual move rejected a part of a magistrate's recommendations (2012 U.S. Dist. LEXIS 121450, June 22, 2012) and permitted an inmate to proceed with his claim that one of the defendants retaliated against him for filing a grievance by having his name removed from the kitchen Ramadan list. However the court dismissed his complaint that he missed 7 religious services while in keep lock confinement.
In Grissom v. Werholtz, 2012 U.S. Dist. LEXIS 121694 (D KS, Aug. 28, 2012), a Kansas federal district court dismissed an inmate's complaint that the chaplain required him to sign a change of religion form in order for him to keep a Celtic cross and chain that he possessed. The cross was not a crucifix and so was not authorized for Catholic prisoners.
In McChesney v. Hogan, 2012 U.S. Dist. LEXIS 120509 (ND NY, Aug. 23, 2012), a New York federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 122503, July 30, 2012) and dismissed a claim by a civilly committed atheist that forcing him to participate in various specific sex offender treatment programs violates his free exercise rights and the Establishment Clause.
In Whitfield v. Tulp, 2012 U.S. Dist. LEXIS 123144 (ED CA, Aug. 28, 2012), a California federal magistrate judge dismissed a former inmate's various constitutional and statutory claims growing out of correctional officers' refusal to allow him to send his excess personal and legal property to a friend. His property, including religious materials and a Bible, was confiscated and destroyed. The court concluded: "there is no support for a claim that Defendants acted to prevent Plaintiff from engaging in the practice of his religion."
In Thomas v. Connolly, 2012 U.S. Dist. LEXIS 123951 (SD NY, Aug. 30, 2012), a New York federal district court adopted a magistrate's recommendations and dismissed a Muslim inmate's complaint that his free exercise rights were infringed when he was not permitted to distribute food as an act of charity for his Zakat-ul-Fitr obligation, and when confusion in scheduling caused him to be unable to participate in observance of the first and last days of the Ten Days of Muharram Festival.
In Knight v. Mulvaney, 2012 U.S. Dist. LEXIS 123325 (WD MI, Aug. 30, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 123622, July 30, 2012) and dismissed a claim by a Nation of Islam inmate who claimed his free exercise, 14th Amendment and RLUIPA rights were violated when he was placed in temporary segregation and was designated a security threat group leader for proselytizing other prisoners and possessing religious literature.
Denial of Unemployment Benefits To Seventh Day Adventist Held Unconstitutional
In Nyaboga v. Evangelical Lutheran Good Samaritan Society, (MN App., Aug. 27, 2012), a Minnesota appellate court held that it is a violation of the Free Exercise Clause to deny unemployment compensation benefits to a nurse who was terminated from her position because of her absence for religious reasons. Risper Nyaboga, a Seventh Day Adventist, previously worked Saturday shifts but became more observant after she was rebaptised. A record of tardiness and absence led to her firing. None of the tardinesses and only a handful of the absences were for religious reasons. Most related to childcare issues. She was warned that 2 more tardinesses or one more absence would lead to her firing. She was then terminated when she was absent on a Saturday on which she could not find another nurse to cover her shift. Thus, according to the court: "Although Nyaboga had a history of tardiness, the conduct that triggered her discharge was an absence for religious reasons."
Saturday, September 01, 2012
Upscale Religiously-Affiliated Retirement Community Does Not Get Tax Exemption
In Franciscan Communities, Inc. v . Hamer, (IL App., Aug. 28, 2012), an Illinois appellate court agreed with the state Department of Revenue that a continuing care retirement community (known as Village at Victory Lake (VL)) operated by the Franciscan Sisters does not (except for the chapel) qualify for a property tax exemption under provisions exempting property used exclusively for religious or charitable purposes. The court said in part:
It is FC’s position that civil authorities must accept not only a religious organization’s characterization of its beliefs but also the entity’s characterization of its use of the subject property. Under this theory, no property taxes could ever be imposed on any property a religious organization declared was used exclusively for religious purposes, regardless of the true facts. This is contrary to established law.....
... [T]he primary use of VL was for upscale senior housing and care with an enhanced lifestyle. To be sure, there was a religious component, but ... advancing religion was not VL’s primary purpose.... Here, we are not called upon to decide whether the Sisters engage in religious activities. It is a given that they do, but the evidence overwhelmingly showed that the operation of VL was businesslike and characteristic of a commercial enterprise. VL was not giving care to the elderly; it was selling care to the elderly, as well as a certain lifestyle for those in independent living, at competitive market rates.
Religious Wedding Without License Is Not Remarriage That Terminates Spousal Support Order
California Family Code Section 4337 provides that the obligation under a court order to support a former spouse terminates when the former spouse remarries. In Left v. Left, (CA App., Aug. 23, 2012), a California appeals court held however that when a divorced wife goes through a Jewish religious marriage, performed without also having a marriage license from the state, her former husband’s support obligation is not terminated. The issue arose in the dissolved marriage of Andrea and Andrew Left. In June 2008, the trial court entered an order of dissolution as well as temporary child and spousal support. A number of other contested issues though remained for decision by the court. In December 2008, Andrea became engaged to Dr. Todd Katzman and planned an elaborate wedding for May 2009. Invitations were sent out and plans made. As the wedding date approached, it became clear that Andrea and Andrew would not be able to resolve the remaining contested issues in the divorce before May. So Andrea and Todd went ahead with the celebration, signing a ketubah (Jewish marriage contract), and proceeding with a ceremony presided over by a rabbi, who was told only 30 minutes before the ceremony that there had been a problem getting the marriage license. The rabbi did not inform the guests at the ceremony of this. In holding that this ceremony did not terminate the prior support order, the court said:
it is reasonable to conclude that the Legislature never intended that the term “remarriage,” within the meaning of section 4337, would encompass a commitment ceremony where the couple intentionally did not meet the legal requirements of marriage.National Law Journal reports on the decision.
Friday, August 31, 2012
Romney's Work As Lay Mormon Pastor Detailed To Convention
Reuters reports on the three speakers last night at the Republican National Convention who focused in detail on nominee Mitt Romney's activities as a lay Mormon pastor in a Boston area Mormon church in the late 1970's. Grant Bennett (full text of remarks), who served as Romney's assistant in the church and later himself became pastor, described Romney's work:
For one or two evenings each week and several hours every weekend -- week after week and year after year -- he met with those seeking help with the burdens of real life, burdens we all face at one time or another: unemployment, sickness, financial distress, loneliness.
Mitt prayed with and counseled church members seeking spiritual direction, single mothers raising children, couples with marital problems, youth with addictions, immigrants separated from their families, and individuals whose heat had been shut off.Then Ted and Pat Oparowski (full text of remarks) described Romney's visits with their terminally ill 14-year old son, and Pam Finlayson (full text of remarks) told of Romney's clergy visits to the hospital and other help and support from the Romney family after her daughter was born three and a half months premature.
Indian State's Requirement of Notifying State of Intended Conversion Ruled Unconstitutional
In Evangelical Fellowship of India v. State of Himachal Pradesh, (HC Himachal Pradesh, Aug. 30, 2012), a 2-judge panel the High Court of the Indian state of Himachal Pradesh struck down as unconstitutional provisions in Himachal Pradesh's Freedom of Religion Act 2006 and the implementing rules that require a person intending to convert from one religion to another to give 30 days prior notice to the District Magistrate, except where the person is reverting to his original religion. The court said in part:
[E]ach and every citizen of this country has a right not only to follow his own beliefs but also has a right to change his beliefs....Times of India reports on the decision.
A person's belief or religion is something very personal to him. The State has no right to ask a person to disclose what is his personal belief.... Any conversion, which take place by “force”, “fraud” or “inducement”, must be dealt with strictly in accordance with law which we have held to be valid. At the same time, the right to privacy and the right to change the belief of a citizen cannot be taken away under the specious plea that public order may be affected.
Jehovah's Witness Teachers Sue Over Refusal To Rehire
Naples (FL) News reports on a suit filed last week in a Florida federal district court by two teachers who claim that a Fort Myers elementary school refused to rehire them after the principal found that they are members of the Jehovah's Witnesses. Kristine and Gerardo Rosales contend that Principal Holly Bell, with whom they previously had a close relationship, refused to "engage in any meaningful communication or interaction" with them, especially after they refused to attend the school's Christmas event. Jehovah's Witnesses religion does not permit celebration of Christmas. The lawsuit alleges that the principal denied Kristine Rosales' tenure by failing to follow the evaluation provisions of the collective bargaining agreement, and that she claimed a non-existent reduction in forces as a reason for not rehiring Geraldo Rosales.
Plaintiffs Have Standing To Challenge Tax Exemption For Parsonage Allowance
In Freedom From Religion Foundation, Inc. v. United States, (WD WI, Aug. 29. 2012), a Wisconsin federal district court held that officers of the Freedom From Religion Foundation have standing to bring Establishment Clause and equal protection challenges to the constitutionality of Internal Revenue Code Sec. 107 that excludes from taxable income the parsonage allowance or the rental value of a home provided to members of the clergy. The court found that plaintiffs have alleged "injury in fact" because they contend that they receive a housing allowance from their employer and do not receive the same exemption from taxation for the amounts they are given. The court said in part:
plaintiffs' allegation of discriminatory treatment is distinct from a simple disagreement with the government's conduct.... I disagree with defendant that plaintiffs lack standing because they have a "generalized grievance." The Supreme Court has rejected the view that a plaintiff does not suffer an injury in fact simply because it is "widely shared."....
More important, defendant cites no statute that prohibits plaintiffs from bringing this action. As defendant acknowledges, the Anti-Injunction Act, 26 U.S.C. § 7421, bars suits that seek to enjoin the government from assessing or collecting a tax, not from eliminating an exemption, so it does not apply to this case.(See prior related posting.) [Thanks to Bob Ritter for the lead.]
Thursday, August 30, 2012
8th Circuit: Excluding Good News Club Was Unconstitutional Viewpoint Discrimination
In Child Evangelism Fellowship of Minnesota v. Minneapolis Special School District No. 1, (8th Cir., Aug. 29, 2012), the U.S. 8th Circuit Court of Appeals held that the district court abused its discretion in denying a preliminary injunction sought by plaintiff to keep its Good News Clubs as part of Minneapolis Jenny Lind Elementary School's after school program. The court said:
We agree with CEF's assertion that the district has engaged in viewpoint discrimination by ousting CEF from the after-school program.... [T]he primary difference between CEF and other groups participating in the after-school program, all of which provide the enrichment programming ... is that "prayer and proselytizing" take place during CEF's meetings....
The district court also found that the district had a compelling interest in excluding CEF from the after-school program resources in order to avoid an Establishment Clause violation.... The compelling interest in avoiding an Establishment Clause violation, according to the district, justifies any possible viewpoint discrimination. We disagree....
... [W]hether the content of CEF's GNC meetings was private speech or school-sponsored speech is the key to analyzing the district's Establishment Clause defense to its practice of viewpoint discrimination. We find erroneous the district court's conclusion that the GNC's message was school or district sponsored when it was part of the after-school program.
Murfreesboro Mosque Neighbors Permitted To Intervene In Justice Department's RLUIPA Suit
In United States v. Rutherford County, Tennessee, (MD TN, Aug. 29, 2012), a Tennessee federal district court permitted neighbors of the Islamic Center of Murfreesboro to intervene in a RLUIPA lawsuit brought by the Justice Department. In earlier proceedings in the case, the United State obtained a temporary restraining order requiring county officials to expedite the issuance of an occupancy permit for the controversial mosque in Murfreesboro. (See prior posting). At issue is a decision by a state court that the county violated the state's Open Meetings Act when it publicized the Planning Commission meeting only in the Murfreesboro Post. The court held that intervenors will be limited to presenting their position on whether the Chancery Court Orders constitute a land use regulation under RLUIPA and, if so, whether they impose a substantial burden on the Islamic Center's free exercise of religion. Intervenors will not be able to raise issues relating to their allegation of connections between two mosque board members and Hamas. The Tennessean reports on the decision.
VP Nominee Ryan Impacted By His Catholic Beliefs
Paul Ryan last night accepted the Republican nomination for vice-president. (Washington Post.) Earlier this month, the Wall Street Journal reported on the impact of Ryan's Catholic religious faith on his political and policy views:
... Ryan is a practicing Catholic who attends church regularly, takes part in a weekly prayer group on Capitol Hill and flies home on Thursday nights so he can take his children to their Catholic school the next morning. And when he debates Vice President Joe Biden this fall, each party will be represented by a practicing Catholic.
But Catholicism also grounds his thinking about politics and the basic relationship between the individual and the state. He has invoked a principle called "subsidiarity" in justifying his view that people are more apt to flourish under government that is limited in its size and reach. And he spoke out amid the church leadership's fight with the Obama administration over its mandate that employers, including Catholic institutions, be required to provide contraception coverage in their insurance plans.
Mr. Ryan's use of Catholic teachings has drawn criticism by others in the church who believe he is selectively interpreting religious doctrine to make a case for market capitalism.
Plaintiffs Denied Preliminary Injunction, But May Develop As-Applied Challenge To Legislative Prayer
In Jones v. Hamilton County, Tennessee, (ED TN, Aug. 29, 2012), a Tennessee federal district court refused to issue a preliminary injunction in a facial challenge to the policy of Hamilton County of opening its Commission meetings with a prayer. However the court permitted plaintiffs to proceed to develop a record as to whether the policy as applied violates the Establishment Clause. Plaintiffs objected to Christian prayers offered by various speakers under the county's prior informal prayer policy. Shortly after this lawsuit was filed, the county adopted a formal invocation policy providing for prayers to be offered by clergy from any of the religious congregations in the county. WRCB-TV reports on the decision.
New Mexico Clarifies Vaccination Exemption Covers Only Religious, Not Philosophical, Objections
New Mexico Statutes 24-5-3 provides an exemption for school children from immunization requirements if the child's parents file an affidavit that the child's "religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent." According to Tuesday's Santa Fe New Mexican, the New Mexico Department of Health has changed the form that parents must file to make clear that philosophical, rather than religious, beliefs are not a basis for exemption. The new form specifically requires parents to state their religious belief. Officials have become concerned over rising exemption rates and an increase in vaccine-preventable disease.
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 Platform's section on foreign aid includes the following:
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.
Wednesday, August 29, 2012
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.
Tuesday, August 28, 2012
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.
Monday, August 27, 2012
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).
- 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).
Sunday, August 26, 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.
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.
Saturday, August 25, 2012
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.
Friday, August 24, 2012
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
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:
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.
Thursday, August 23, 2012
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.
Wednesday, August 22, 2012
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."
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...."
Tuesday, August 21, 2012
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.
Monday, August 20, 2012
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).
- 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).
Sunday, August 19, 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.]
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