First Lady Conducts Preview Of White House Christmas Decorations

According to the White House website, on Wednesday First Lady Michelle Obama held a press preview of this year's White House Christmas holiday decorations. This year's theme is "Joy to All."  The White House features 54 decorated trees. Two rooms pay tribute to the sacrifices of the Armed Forces and their families. Children of military families attended the press preview. The 18-foot tall official White House Christmas tree in the Blue Room is trimmed with ornaments made by military children living on bases around the world.

Christian Proselytizers May Add Arab-American Chamber of Commerce As Sec. 1983 Defendant

In Acts 17 Apologetics v. City of Dearborn, (ED MI, Nov. 27, 2012), a Michigan federal district court ruled that the Arab-American Chamber of Commerce (AACC) may be added as a defendant in a 42 USC Section 1983 civil rights action brought against the city of Dearborn, its mayor and police officials by a Christian group whose purpose is to evangelize Muslims.  Members of the group, Acts 17 Apologetics, were acquitted on breach of the peace charges that had been filed against them for proselytizing at the Arab International Festival. (See prior posting.)  The Christian group then sued, alleging, among other things, a civil conspiracy to violate their 1st, 4th and 14th Amendment rights.  In allowing plaintiffs to file an amended complaint to add AACC as a defendant, the court held that a private party such as AACC could be found to be a state actor if it was jointly engaged with state officials in an action taken by the officials. American Freedom Law Center issued a press release announcing the decision.

Russian Court Says Pussy Riot Video Is Extremist and Must Be Removed From Websites

In Russia yesterday, the Zamoskvoretsky District Court in Moscow court ruled that four Internet videos of the punk rock group Pussy Riot are "extremist" and must be removed from a list of websites to which they have been uploaded. The best known of the videos is a montage of the group performing a prayer in punk rock form in Moscow's Christ the Savior Cathedral. The lyrics ask the Virgin Mary to "chase Putin out." (See prior posting.) Judge Marina Musimovich said the videos include "words and actions which humiliate various social groups based on their religion."  Financial Times and BBC News report on the decision. RAPSI has a transcript of the live blogging from the trial (Part 1, Part 2). An appeal of the decision may be filed within one month, however since the court has refused to permit the one Pussy Riot member who is not in jail to intervene as a party to the proceedings in this case, apparently she may not file an appeal. The only parties were the prosecutor and Russia's justice ministry.

Rev. Schuller Gets Only Limited Amounts In Crystal Cathedral Bankruptcy

In In re Crystal Cathedral Ministries, (CD CA Bkrpt., Nov. 26, 2012), a California federal bankruptcy court ruled on multi-million dollar claims against Crystal Cathedral by its former leader Rev. Robert H. Schuller and his wife Arvella Schuller. As reported by the Orange County Register, the court, in the Chapter 11 reorganization, allowed claims of $615,625 by Schuller for unpaid compensation, housing allowances and health care premiums.  The court allowed none of the claims by Schuller's wife.  The court disallowed Schuller's copyright infringement claims, finding, among other things, that Schuller's Hour of Power television program was a work for hire owned by Crystal Cathedral which was Schuller's employer. Claims by Schuller's daughter and son-in-law totaling $77,615 were also allowed. (See prior related posting.)

Group Has Standing To Sue Over Jesus Statue On Forest Service Land

In Freedom From Religion Foundation, Inc. v. Weber, (D MT, Nov. 27, 2012), a Montana federal district court held that an advocacy organization has standing to bring an Establishment Clause challenge to the decision by the U.S. Forest Service to allow the continued presence of a statue of Jesus on National Forest Service land within Whitefish Mountain Resort. (See prior posting.) The court found standing because one of FFRF's members had standing to sue in his own right.  The court rejected defendants' motion to dismiss after FFRF filed an affidavit from one of its members who lives 15 miles from the statue who said he is a frequent skier at the resort; he has skied past the statue many times previously and intends to again this winter; and he is a non-believer who considers the statue religious in nature and offensive. AP reports on the decision.

Divided 8th Circuit Panel Issues Stay Pending Appeal In Contraceptive Mandate Case

The U.S. 8th Circuit Court of Appeals yesterday, by a 2-1 vote, issued a stay pending appeal in O'Brien v. Department of Health and Human Services. (Full text of order.)  In the case, a Missouri federal district court rejected a series of challenges to the contraceptive coverage mandate of the Affordable Care Act brought by a small business organized as a limited liability company and by its sole owner who is Catholic. (See prior posting.) American Center for Law and Justice issued a press release applauding the 8th Circuit's action.

Texas Seeks To Seize FLDS Church's Compound

Texas Attorney General Greg Abbott announced yesterday that his office has initiated legal proceedings in state court to seize as contraband the 1600-acre YFZ Ranch in west Texas that has functioned as a compound for the polygamous FLDS Church. According to Abbott, "the YFZ Ranch was purchased on the orders of Warren Jeffs, who sought a rural location where the FLDS could operate a polygamist compound where the systemic sexual assault of children would be tolerated without interference from law enforcement authorities." In 2008, a high profile raid on the ranch led to the removal of 415 children by the Texas Department of Family and Protective Services. (See prior posting.)  According to the Search and Seizure Warrant and the Affidavit supporting the warrant filed in state district court, the property "has been used in the commission of Texas Penal Code offenses of first and second degree felonies, including Sexual Assault, Bigamy, Money Laundering and Engaging in Organized Criminal Activity." AP reports on developments.

Egypt Convicts 8 Connected With "Innocence of Muslims" In Abstentia For Capital Crimes

In what may be largely a symbolic move, yesterday a court in Egypt convicted and sentenced to death in abstentia 8 individuals who are connected with the controversial film "Innocence of Muslims."  AP and NBC report on the convictions for "intentionally committing acts to harm the unity of the country and peace of its land;" "calling to divide the country into small states on a sectarian basis and harming national unity;" and "using religion to promote extremist ideas resulting in religious division and disrespect [of] heavenly religion."   The best known of those convicted are the film's producer Mark Basseley Youssef (also known as Eli Basily), and anti-Muslim Florida pastor Terry Jones. Also convicted were 6 other Coptic Christians-- two of whom work in the U.S. for the Coptic group Sadek that calls for an independent Coptic state; a priest who hosts TV programs from the U.S.; a lawyer living in Canada who has previously sued the Egyptian government over riots in 2000 that left 21 Christians dead; and a woman who converted to Christianity and is a critic of Islam.

Decisions involving capital punishment must be reviewed by the country's chief religious authority.  Also, defendants convicted in abstentia of a capital crime would be automatically entitled to an appeal, and thus a retrial, if they were to return to Egypt. Maximum sentences are common in Egypt in cases tried in abstentia.

Suit Challenges Village's Policy That Excludes Religious Programs In Community Rooms

Liberty Counsel, a Christian educational and advocacy group, announced yesterday that it has filed suit in an Illinois federal district court challenging Plainfield, Illinois' policy regarding use of its Community Rooms by outside groups.  The Policy (full text), while permitting a wide variety of meetings, programs and activities, excludes use of the rooms for a dozen specific types of activities including use for "Religious services or other religious purposes."  The complaint (full text) in Liberty Counsel, Inc. v. Village of Plainfield, Illinois, (ND IL, filed 11/28/2012), says that Liberty Counsel wishes to use a community room to present an educational program promoting a Christian view of the founding of America, but is precluded from doing so under the village's policy.  The group claims that this violates provisions of the 1st and 14th Amendments, as well as the Illinois Religious Freedom Restoration Act.

Challenge To Contraceptive Coverage Mandate By Pittsburgh Diocese Dismissed On Ripeness and Standing Grounds

In Zubik v. Sebelius, (WD PA, Nov. 27, 2012), a Pennsylvania federal district court dismissed on ripeness and standing grounds a challenge by the the Catholic Diocese of Pittsburgh, Catholic Charities of Pittsburgh and Catholic Cemeteries Association of Pittsburgh to the contraceptive coverage mandate issued under the Affordable Care Act. The court concluded that:

the safe harbor provisions of the regulation itself protects all of the Plaintiffs from any potential enforcement action until at least January 1, 2014.  Further, the health care plan offered by the Diocese, as well as three of the four health care plans offered by Catholic Cemeteries, share additional protection under the regulations insofar as they are each grandfathered under the ACA.... Defendants have committed to amending the preventive services coverage regulations well before January 2014 to accommodate the religious objections of organizations such as Plaintiffs.

Trib Total Media reports on the decision.

UPDATE: On Jan. 23, plaintiffs filed an appeal with the 3rd Circuit. (TribLive).

Suit Claims "Conversion Therapy" For Gays Violates State Consumer Fraud Act

The Southern Poverty Law Center announced yesterday that it has filed a first-of-its-kind lawsuit in state court in New Jersey on behalf of 6 plaintiffs seeking equitable relief and damages for fraud against an organization that offers "conversion therapy" to gay men.  Defendant is JONAH, Jews Offering New Alternatives for Healing.  The complaint (full text) in Ferguson v. JONAH, (NJ Super Ct., filed 11/27/2012) alleges various violations of New Jersey's Consumer Fraud Act. The Daily Beast reports in depth on the lawsuit.

Poland's Constitutional Court Bars Kosher and Halal Slaughter, But Decision Is Pre-empted By New EU Regulation

AP reports that Poland's Constitutional Tribunal yesterday held that Jewish and Muslim ritual slaughter of animals without first stunning them violates Poland's animal protection laws, and that the agriculture minister unconstitutionally exceeded his powers when he issued regulations in 2004 permitting kosher and halal slaughter.  AFP reports, however, that the ruling is largely symbolic because on January 1, 2013, European Union Council Regulation No. 1099/2009 creating uniform EU rules on animal slaughter goes into effect. That Regulation permits ritual slaughter without stunning so long as the slaughter takes place in a slaughter house.  January 1 is the same date on which the Polish court's ruling takes effect, so-- according to Poland's Agriculture Minister-- it will be immediately overriden by the EU rules. Animal rights activists say it is possible for Poland to request and exception from the regulation.  Poland is a leading exporter of kosher and halal meat to other European countries, last year exporting $259 million worth.

Appeals Court Reverses Denial of Name Change After Gender Reassignment

In In re Steven Charles Harvey, (OK Ct. Civil App., Nov. 20, 2012), an Oklahoma appeals court held that a trial court judge abused his discretion in denying Steven Charles Harvey, who was undergoing a sex change, the right to change his name to Christie Ann Harvey. The trial judge (full text of trial court opinion) had held that it would assist that which is fraudulent to allow the name change because "a sex change cannot make a man a woman or a woman a man." The trial judge argued this could lead to inadvertent or illegal same-sex marriage, or, in case of a crime, could lead police to ignore a female suspect because they had retrieved male DNA.  In support of his denial of the name change petition, the trial court judge quoted from the Biblical book of Genesis: "So God created man in His own image, in the image of God created he him; male and female created he them...." and went on to say: "The DNA code shows God meant for them to stay male and female." The appeals court agreed with petitioner that there is nothing fraudulent in the use of a traditionally female name by one with male DNA. The Oklahoman reports on the appeals court decision.

Saudi-Backed Interreligious Center Opens In Austria

Yesterday, the inauguration ceremony marking the official opening of the King Abdullah bin Abdulaziz International Centre for Interreligious and Intercultural Dialogue (KAICIID) was held in Vienna, Austria, the Centre's home base.  Among those speaking at the opening ceremony was U.N. Secretary General Ban Ki-moon (full text of remarks). As reported by Reuters, KAICIID was launched by Saudi Arabia as an international organization with a multi-faith board to foster interfaith understanding and help deal with health crises. According to the Huffington Post, the Centre is backed by an international treaty signed by Austria, Spain and Saudi Arabia, with support from the Vatican. Saudi Arabia is funding the start-up costs and the first 3 years' budgets. Some in Austria, as well as some Saudi dissidents, are critical of the Centre, fearing that it will focus on the strict Wahhabi version of Islam. It is expected that the Centre's board will eventually hold a meeting in Saudi Arabia, which will pose the question of whether the nation will allow board member Rabbi David Rosen, who is an Israeli citizen, to attend.

Court Rejects Establishment Clause Challenge To Seizure of Funds

In Midamar Corp. v. United States, (ND IA, Nov. 19, 2012), an Iowa federal district court denied a motion by a company that is a leading supplier of Halal food to order release of $454,000 seized by the government from the company's bank account.  According to the Washington Post, the government is suggesting that the company improperly branded and sold meat products as meeting Muslim dietary requirements when that was not the case.  Rejecting the company's motion, the court said in part:

Next, Midamar argues that the court must quash the warrant because, according to Midamar, the government presumably intends to seek an indictment charging Midamar with fraud, and any fraud charges would require the court to define Halal, a religious term without an agreed-upon meaning, in violation of the Establishment Clause of the First Amendment of the United States Constitution.  The court finds that such argument is unavailing.  Midamar cites no  authority in support of its contention that this is an appropriate basis to quash a warrant.  Moreover, such an argument is premature.  The government has not filed any charges against Midamar and, consequently, the court is without jurisdiction to consider the constitutionality of any potential fraud charges.

Priest's Conviction Was Based On Excessive Religious Evidence

In State of Minnesota v. Wenthe, (MN Ct. App., Nov. 26, 2012), a Minnesota appeals court held that the state's clergy sexual conduct statute is not facially invalid under the Establishment Clause.  However, the court upheld the as applied challenge to the law raised by a priest who had been convicted under it for having sex with a woman for whom he served as confessor. The court held that the conviction was invalid under the Establishment Clause because it was based on excessive religious evidence:

the religious evidence provided the jury with religious standards for judging appellant’s conduct.  It invited the jury to determine appellant’s guilt on the basis of his violation of Roman Catholic doctrine, his breaking of the  priestly vows of celibacy, and his abuse of the spiritual authority bestowed on Roman Catholic priests; additionally, the evidence invited concern about the response of church authorities to the victim’s complaint.

The Minneapolis Star-Tribune reports on the decision.

Supreme Court Sends Free Exercise Challenge To Affordable Care Act To 4th Circuit

Yesterday, in an unusual move, the U.S. Supreme Court revived a 4th Circuit case which challenges the Affordable Care Act (ACA) on 1st Amendment, 14th Amendment and RFRA grounds. In Liberty University v. Geithner, plaintiffs claim, among other things, that the ACA permits federal funding of abortions in violation of the free exercise clause and the Religious Freedom Restoration Act. They also claim that the ACA violates the Establishment Clause and equal protection clause because the narrow religious exemptions in the Act favor certain religious adherents. The 4th Circuit dismissed the case, holding that the federal tax Anti-Injunction Act barred the lawsuit, and the Supreme Court declined to review that decision. Plaintiffs, however asked for a rehearing on the decision to deny review, since earlier this year, in National Federation of Independent Business v. Sebelius, the Supreme Court held that the Anti-Injunction Act does not bar a challenge to the ACA.  Yesterday, the Supreme Court held (Order List, Docket No. 11-438):

The petition for rehearing is granted. The order entered June 29, 2012, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of National Federation of Independent Business v. Sebelius.

Liberty Counsel issued a press release applauding the court's action. Christian Science Monitor also reports on the court's action. (See prior related posting.)

NYT Discloses More Details On Making of Film "Innocence of Muslims"

Today's New York Times carries a front-page article revealing new details on Nakoula Basseley Nakoula and his making of the controversial film "Innocence of Muslims." A trailer for the film sparked demonstrations around the world. (See prior posting.) According to the Times:

The making of the film is a bizarre tale of fake personas and wholesale deception. And as with almost everything touched over the years by Mr. Nakoula — a former gas station manager, bong salesman, methamphetamine ingredient supplier and convicted con man — it is almost impossible to separate fact from fabrication.

Scotland Reports Data On Religiously Motivated Hate Crimes

On Friday, the Scottish government released a new report, Religiously Aggravated Offending In Scotland  2011-12. The Executive Summary says in part:

There has been an increase in the number of recorded religious aggravation charges in 2011-12 compared with previous years. For this report, 876 charges with a religious aggravation reported in 2011-12 were analysed, compared with 693 charges in 2010-11. This is an increase of 26%..... [T]his increase may be partly due to increased awareness, reporting and recording of these crimes....

Although the number of football-related charges rose in the last year by 16% (from 231 to 267) the proportion went down from 33% to 31% of charges. The number of charges occurring in football stadiums also decreased from 90 (13%) to 67 (8%). This reduction in charges may in part be explained by the increased focus on football-policing and supporter conduct through the work of the Joint Action Group on Football, established in 2011.

Roman Catholicism and Protestantism were most often the religions that were the subject of abuse. The proportional spread of the religions that were targeted was similar to the previous year: 57.7% in 2010-11 and 58.1% in 2011-12 for Roman Catholicism; and 36.5% in 2010-11 and 40.3% in 2011-12 for Protestantism.

Police officers were the most common target of religiously aggravated offending, in over half (51%) of all charges.

Swartzentruber Amish Group Moving From Pennsylvania To Upstate New York

AP reported Saturday that the 21-family congregation of Swartzentruber Amish who have lived in western Pennsylvania are moving to St. Lawrence County in upstate New York rather than continue their battles with local officials over sewage disposal codes. (See prior posting.) Land values in western Pennsylvania have been rising because of the Marcellus Shale natural gas boom.

Recent Articles of Interest

From SSRN:

• June Mary Makdisi, Application of the Principle of Totality and Integrity in American Case Law, (National Catholic Bioethics Quarterly, 2012).
• Avihay Dorfman, Freedom From Religion, (July 31, 2012).
• Gordon A. Christenson, 'Liberty of the Exercise of Religion' in the Peace of Westphalia, (Transnational Law & Contemporary Problems, Vol. 21, 2012).
• Michael  J.T. McMillen, Islamic Home Purchase Financing: A Conceptual Overview, (November 17, 2012).
• Marina Lostal Becerril, The Meaning and Protection of ‘Cultural Objects and Places of Worship’ under the 1977 Additional Protocols, (59 Netherlands International Law Review 3 (2012), pp. 455-72).
• Marina Lostal Becerril, Challenges and Opportunities of the Current Legal Design for the Protection of Cultural Heritage during Armed Conflict, (International Symposium on Cultural Heritage Protection in Times of Risk: Challenges and Opportunities. Yildiz Technical University, ICOMOS ICORP,. Istanbul (Turkey) 2012).
• Nicholas Hatzis, The Church-Clergy Relationship and Anti-Discrimination Law, (Ecclesiastical Law Journal, Forthcoming).
• Geoffrey P. Miller, Taxation in the Bible, (Oxford Encyclopedia of the Bible and Law, Forthcoming).
• Farrah Ahmed and Jane Calderwood Norton, Religious Tribunals, Religious Freedom, and Concern for Vulnerable Women, (Child and Family Law Quarterly, Forthcoming).
• Mohammad Fadel, Seeking an Islamic Reflective Equilibrium: A Response to Abdallahi A. An-Na'im's Complementary, Not Competing, Claims of Law and Religion: An Islamic Perspective, (Pepperdine Law Review, Vol. 39, p. 1257, 2013).
• Avishalom Westreich, Talmud Based Solutions to the Problem of the Agunah, (Agunah Research Unit Volume 4, Deborah Charles Publications, 2012).
• Frederick C. DeCoste, Hitler's Conscience, Redemptive Political Emotions, and the Politics of Fear, (November 23, 2012).

SSRN --from Erasmus Law Review Vol. 5, No. 1, 2012:

• Wouter De Been and Sanne Taekema, Religion in the 21st Century Debating the Post-Secular Turn.
• Veit Bader, Post-Secularism or Liberal-Democratic Constitutionalism?
• Markha Valenta, Pluralist Democracy or Scientistic Monocracy? Debating Ritual Slaughter.
• Ann-Sophie Vandenberghe, Regulating the Relationship between State and Religion: An Economic Approach.
• Kristin  A.M. Henrard, Duties of Reasonable Accommodation in Relation to Religion and the European Court of Human Rights: A Closer Look at the Prohibition of Discrimination, the Freedom of Religion and Related Duties of State Neutrality.
• Marlies Galenkamp, Locke and Bayle on Religious Toleration.

From SmartCILP:

• Amy Adler, The First Amendment and the Second Commandment, 57 New York Law School Law Review 41- 58 (2012/13).
• Alan Brownstein, Continuing the Constitutional Dialogue: A Discussion of Justice Stevens's Establishment Clause and Free Exercise Jurisprudence, 106 Northwestern University Law Review 605-656 (2012).
• Erwin Chemerinsky, A Fixture on a Changing Court: Justice Stevens and the Establishment Clause, 106 Northwestern University Law Review 587-603 (2012).
• Nicole Stelle Garnett, Are Charters Enough Choice? School Choice and the Future of Catholic Schools, 87 Notre Dame Law Review 1891-1916 (2012).
• Edward Whelan, The HHS Contraception Mandate vs. The Religious Freedom Restoration Act, 87 Notre Dame Law Review 2179-2190 (2012).

Britain's House of Lords Debates Role of Religion In Society

Last Thursday, Britain's House of Lords held a 90-minute debate on the role of religion in society in the United Kingdom. (Full text of the debate.) Lords from numerous faith traditions spoke. The concluding statement was made by Baroness Warsi, Minister for Faith and Communities, who said in part:

This Government believe that religion plays a vital role in British society. Not only do we support people in their right to follow a faith if they choose to do so; we also celebrate faith and faith communities' contribution to society...

Places of worship of different faiths in a town or city can sometimes be unaware of the work each is doing, often to address similar problems. The Government want to help build effective, co-operative working relationships between people of different faiths.... The Government are also happy to support A Year of Service, to highlight and link up faith-based volunteering efforts during Her Majesty the Queen's Diamond Jubilee year....

The Government are also committed to maintaining the status of religious education as a compulsory subject that all pupils must study throughout their schooling, subject to parental choice. Religious education is important so that children can understand the history that has shaped the values and traditions of this country, forming a key part of promoting the spiritual, moral, social and cultural development of children and young people.... The Government also remain committed to the provision of collective worship in schools-or, as I knew them, assemblies.

... UK has a strong Christian heritage.... Britain is proud of its established church and Europe must be more confident in its Christianity. It is therefore right that religious education reflects the fact that the religious traditions of Great Britain are in the main Christian. Last year, every state school in England was provided with a King James Bible to mark its 400th anniversary and recognise the huge influence it has had on our culture, language, society and values....

The noble Lord, Lord Curry, also raised concerns about the perceived marginalisation of Christians. I am in receipt of the Christians in Parliament All-Party Parliamentary Group report setting out these concerns, and we are currently considering a response to that....

This Government believe that faith should have a seat at the table in public life.... [T]his is not a position of privilege but that of a strong contributor to the public debate.... This Government have held faith receptions at Downing Street for major festivals: Vaisakhi, Eid, Hanukkah and Diwali-and, yes, it was right that this coalition Government introduced the celebration of Easter as well.

Preachers' Access To Tour of Lights Festival In Court Again

Last year, a Minnesota federal district court granted a preliminary injunction to prevent city of Duluth police officers from interfering with activities of two street preachers at the Bentleyville Tour of Lights-- a holiday festival held each year on city property, but sponsored by a private non-profit group. (See prior posting). This year, the city is attempting to limit the preachers to a new "First Amendment zone" created in a parking lot outside one of the entrances to the festival. According to the Duluth News Tribune, last Tuesday the preachers filed a new motion in federal district court again seeking an order that officials allow them inside the park during the Tour of Lights. The city, however, says it has negotiated a new contract with festival sponsors that allow them to set rules on who is allowed in the display.

UPDATE: Here is the full text of the motion to enforce the preliminary injunction and hold defendants in contempt.

Recent Prisoner Free Exercise Cases

In Pouncil v. Tilton, (9th Cir., Nov. 21, 2012), an inmate challenged under RLUIPA prison officials' denial to him of conjugal visits with his second wife. The 9th Circuit had that the statute of limitations had not run on his claims despite the fact that he had earlier been denied conjugal visits with his first wife  pursuant to the same regulation.

In Cartwright v. Woody, 2012 U.S. Dist. LEXIS 165122 (ED VA, Nov. 19, 2012), a Virginia federal district court dismissed an inmates complaint that inmates must sometimes place their names on a sign-up sheet to attend religious services, and that more Bibles than Qur'ans are available at the jail.

In Contreraz v. Adams, 2012 U.S. Dist. LEXIS 165884 (ED CA, Nov. 19, 2012), a California federal magistrate judge refused to permit an inmate to proceed in forma pauperis  in his attempt to obtain a religious exemption from the prison's grooming requirements because plaintiff had brought at least 3 other suits that were dismissed as frivolous.

In McDaniel v. Lanigan, 2012 U.S. Dist. LEXIS 166716 (D NJ, Nov.21, 2012), a New Jersey federal district court dismissed, with leave to amend, an inmate's claims relating to denial of Halal meals to Muslim inmates and denial to Jewish inmates of kosher milk, glatt kosher meals and wearing of the tallit, since it was not clear how any of these impacted plaintiff.

In Desper v. Ponton, 2012 U.S. Dist. LEXIS 166546 (ED VA, Nov. 20, 2012), a Virginia federal district court dismissed an inmate's free exercise and RLUIPA challenges to a sign-up policy for religious services, and a policy discouraging transient offenders at reception centers from receiving publications, including Bible study materials.

In Williams v. Fluaitt, 2012 U.S. Dist. LEXIS 166820 (ED WA, Nov. 21, 2012), a Washington federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 166826, Oct. 31, 2012) and denied an inmate's request for a preliminary injunction because the relief requested (relating Ramadan meal request contracts and denial of separate Nation of Islam services) were unrelated to the complained violation (advance sign-up for Ramadan meals).

Settlement Allows Florida Christian College Students To Qualify For State Grant Program

A settlement was reached earlier this month in Florida Christian College v. Shanahan, a federal court challenge to Florida Christian College's exclusion from the Florida Resident Access Grant program. (See prior posting.) The state had contended that the school did not meet the "secular purpose" requirement for participation that is imposed by Florida law.  The Lakeland, Florida Ledger reported Friday that the settlement:

will allow four students who were named plaintiffs in the case to receive so-called FRAG grants during the spring semester of this academic year — and will admit the college into the program for the 2013-14 academic year.

Also, the settlement indicates the state Department of Education will revise the way it determines whether religious colleges qualify for the program, including getting rid of what was dubbed a "secularity checklist.

Alliance Defending Freedom issued a Nov. 15 press release reporting on the settlement, and also made available the full text of the Mediation Settlement Agreement.

Zimbabwe Supreme Court Orders Break-Away Anglican Bishop To Return Church Properties

AP reports that Zimbabwe's Supreme Court on Monday ruled that Anglican Church property in the country must be returned by break-away Bishop Nolbert Kunonga to the Anglican Province of Central Africa.  Kunonga was excommunicated in 2007 for inciting violence in sermons supporting President Robert Mugabe's ZANU-PF Party.  Kunoga formed a new diocese and took over the Cathedral in Harare and other church property with the help of police. Kunoga says he left the Anglican Church because of its position on gay marriage. According to the Financial Gazette, the Anglican Province is undertaking an audit of returned properties to determine damage and missing items.

In Recently Released Opinion, Court Dismisses Damage Claim Against Proponents of Ground Zero Mosque

In Forras v. Rauf, (NY County Sup. Ct., Sept. 26, 2012) (a decision that was not made available until Nov. 20), a New York trial court dismissed plaintiff's suit to recover damages against defendant who proposed to construct a mosque and Islamic cultural center near Ground Zero in New York City.  Plaintiff, who leased nearby office space also used as a part-time residence, alleged nuisance, negligent infliction of emotional distress and assault. He claimed he suffered increased anxiety and fear due to Islamic rituals in one room  inside the building. The court found that many of the alleged injuries were the result of the attack on 9-11 and not because of the proposed mosque construction.

TRO Issued To Uphold Student's Religious Objections To Wearing ID Badge With RFID Chip

The Rutherford Institute announced Wednesday that it has obtained a temporary restraining order in a suit filed in state court in Bexar County, Texas on behalf of high school student Andrea Hernandez. Plaintiff objects for religious reasons to wearing a Smart ID badge that is implanted with an RFID chip as part of the school's Student Locator Project. The complaint (full text) in Hernandez v. Northside Independent School District, says that plaintiff objects on the basis of scriptures in the book of Revelation that "an individual's acceptance of a certain code, identified with his or her person, as a pass conferring certain privileges from a secular ruling authority, is a form of idolatry or  submission to a false god." Plaintiff also refused the school's proposed accommodation under which the RFID chip would be removed, but plaintiff would still wear the ID badge around her neck as a symbol of her participation in the school's project. The suit claims that the school is violating plaintiff's rights under the Texas Religious Freedom Act. It also alleges that plaintiff's free speech rights were infringed when school officials refused to allow her to distribute petitions and fliers at school criticizing the Program. [Thanks to Mark Scarberry via Religionlaw for the lead.]

Germany's Federal Labor Court Rules On Church Employees' Right To Strike

Reuters yesterday reported that Germany's Federal Labor Court has handed down a decision which has both sides claiming victory on the question of whether employees of church organizations have the right to strike. Together, Catholic and Protestant schools, hospitals and social service agencies employ 1.3 million people in Germany.  Historically, the church groups, relying on the provision in the German constitution that guarantees them the right to manage their own internal affairs, have barred strikes in favor of mediation in labor disputes.  However, Germany's service sector union says that church organizations have undercut wages in recent years by outsourcing many jobs. The Labor Court concluded that: "Limiting the churches' right to self-determination by a strike is not illegal in all cases."  However, it also said that strikes "severely limit social ministries and damage the credibility of the church."  It said churches should allow unions more rights in the mediation process if they want to avoid strikes. According to Deutsche Welle, both sides say they will appeal the Federal Labor Court's ruling to the Federal Constitutional Court. Meanwhile a case from Romania under consideration by the European Court of Human Rights may resolve the issue of whether churches can prohibit strikes or unionization.

Fort Worth Diocese Settles Sex Abuse Lawsuit

The Fort Worth (TX) Catholic diocese on Tuesday settled a lawsuit brought against it by a man who was sexually abused by a priest between 1982 and 1987, beginning when plaintiff was 16 years old.  The Fort Worth Star Telegram reports that under the settlement, accused priest Rev. William Paiz will not work  in a position that puts him in contact with children or young adults and Paiz will not be allowed to present himself as a priest. He will be supervised by Claretian Order officials. Also the diocese must publicly acknowledge that  plaintiff's allegations are credible,

Opus Dei Sues Game Maker In Denmark For Trademark Infringement

AP reported yesterday that in Denmark, the Catholic organization Opus Dei is suing the Danish company Dema Games for trademark infringement.  The company is selling a philosophy-themed strategy-based card game called "Opus Dei. Existence After Religion." The lawsuit demands damages equivalent to $51,500 (US), cancellation of the company's trademark registration for the game,and closure of the company's website where the game is for sale. Dema Games says that no one can claim exclusive rights to religious concepts.

Obama Issues Presidential Proclamation For Thanksgiving Day

President Obama this week issued the official Presidential Proclamation-- Thanksgiving Day, 2012 setting today as a National Day of Thanksgiving. The proclamation reads in part:

When President George Washington marked our democracy's first Thanksgiving, he prayed to our Creator for peace, union, and plenty through the trials that would surely come. And when our Nation was torn by bitterness and civil war, President Abraham Lincoln reminded us that we were, at heart, one Nation, sharing a bond as Americans that could bend but would not break....

On Thanksgiving Day, individuals from all walks of life come together to celebrate this most American tradition, grateful for the blessings of family, community, and country. Let us spend this day by lifting up those we love, mindful of the grace bestowed upon us by God and by all who have made our lives richer with their presence.

Water Tower Cross Eliminated By Town After Complaint

As reported yesterday by the Bolingbrook Patch, the Chicago (IL) suburb of Alsip this year will not display a cross that it has put up for nearly 35 years at Christmas time on the city's water tower. A letter to residents from the town's mayor says that a complaint by the Freedom From Religion Foundation led to the decision, because "the Village cannot afford to waste any tax dollars on a lawsuit that simply cannot be won."  The mayor says that in future years, a different holiday decoration will be placed on the water tower.

Good News Clubs Challenge California's Requirement That Schools Charge For Space Used For Religious Services

The Good News Clubs filed suit in federal district court on Monday challenging the constitutionality of California Education Code Secs. 38131(b)(3) and 38134(d) which together require schools to charge an amount at least equal to direct costs for use of school space for religious services, but make charging of fees discretionary when school space is used by other civic groups.  The complaint (full text) in Child Evangelism Fellowship, Inc. of West Orange County v. Buena Park School District, (CD CA, filed 11/19. 2012), alleges that the school district's regulations that allow use without charge of school space by nonprofit organizations organized to promote youth and school activities, but not to the after-school religious activities of Good News Clubs amounts to unconstitutional viewpoint discrimination, as well as infringing free exercise, equal protection and establishment clause rights. The American Center for Law and Justice issued a press release announcing the filing of the lawsuit.

Church's RLUIPA Suit Dismissed On Ripeness Grounds, Avoiding Decision On Prudential Standing

In Cassidy v. City of Brewer, (D ME, Nov. 19, 2012), a Maine federal district court dismissed on ripeness grounds a RLUIPA religious discrimination claim because plaintiff did not appeal the decision of the city's code enforcement officer to the zoning board of appeals. As reported by the Bangor Daily News, Rock Church had wanted to expand in rented space in a shopping center, but the code enforcement officer held that the expansion would lose the church's status as a nonconforming use.  The court held that it did not need to decide whether the church's landlord as a RLUIPA plaintiff must meet prudential standing requirements as well as Article III standing requirements, saying:

If he must, then the Magistrate Judge is certainly correct that this commercial landlord plaintiff, who is not a religious institution and whose church tenant has abandoned his lease, does not meet those requirements in bringing this RLUIPA challenge against the City of Brewer.  But there are cases that read RLUIPA’s language as requiring that a plaintiff meet only the Article III standing requirements and not the additional prudential requirements.

The federal magistrate judge's opinion in the case, dealing at length with the standing issue, is at  2012 U.S. Dist. LEXIS 165723 (Sept. 12, 2012).

Oklahoma High Court Dismisses Challenge To Voucher Program On Standing Grounds

Last March, an Oklahoma state trial court judge struck down Oklahoma's school voucher program for special needs students, finding that the program violates the state Constitution's ban on use of public funds to benefit any sectarian institution. (Constitution, Art. II-5). 38 of the 40 schools eligible to enroll students under the program are Christian schools. (See prior posting.) Now in Independent School District No. 5 of Tulsa County v. Spry, (OK Sup. Ct., Nov. 20, 2012), in a 7-2 decision, the Oklahoma Supreme Court reversed that decision on standing grounds. It held that the school districts which were plaintiffs in the lawsuit lack standing because they are not taxpayers who have a right to challenge the program, nor are the funds involved taxes from taxpayers in the districts' county revenue streams that a county assessor is improperly reducing or disposing of. Becket Fund issued a press release announcing the state Supreme Court's decision.

First Hindu Member of U.S. House Will Be Sworn In On Bhagavad Gita

Yesterday's Huffington Post reports that Tulsi Gabbard, the first Hindu elected to the U.S. Congress, will take her oath of office in January using the Bhagavad Gita, a sacred Hindu text. Gabbard, elected to represent Hawaii's 2nd Congressional district, was born in American Samoa and moved to Hawaii when she was 2 years old. Her father, a Samoan, was Catholic, while her mother was a convert to Hinduism. Gabbard follows the Vaishnava branch of Hinduism.  She served in the Hawaii state senate, and as a national guard member served in Kuwait and Iraq.  She takes the Congressional seat of Mazie Hirono, a Buddhist, who was elected to the U.S. Senate as its first Buddhist member.

Religious Composition of 113th Congress Compiled

Pew Forum last week released an analysis of the religious makeup of the new 113th Congress. Protestants hold 56% of the seats in Congress. Among Protestant groups, Baptists hold the largest number of seats-- 74 in all.  Catholics hold 30% of the seats, holding 5 seats more than in the last Congress.  6% of the members of the new Congress are Jewish, a loss of 7 seats from the 112th Congress.  Mormons hold almost 3% of the seats.  Reflecting increased diversity, the new Congress includes 3 Buddhists (including 1 for the first time in the Senate), 2 Muslims and, for the first time, a Hindu member. Opposing Views has further commentary on the data.

Court Denies Hobby Lobby and Its Owners A Preliminary Injunction Against Contraceptive Coverage Mandate

Another decision in the many challenges to the contraceptive coverage mandate under the Affordable Care Act was handed down yesterday. In Hobby Lobby Stores, Inc. v. Sebelius, (WD OK, Nov. 19, 2012), an Oklahoma federal district court denied a preliminary injunction, rejecting both 1st Amendment and Religious Freedom Restoration Act claims by Hobby Lobby Stores, Inc., Mardel, Inc. and the Green family that owns and operates the closely held businesses. Plaintiffs asserted that their free exercise rights are infringed by requiring the companies' employee health insurance policies to cover contraceptive methods that they believe amount to abortion. The court held that secular, for-profit corporations do not have a constitutional right to the free exercise of religion. As to claims by the individual owners of the companies, the court found that the free exercise claims are not likely to succeed because the mandate is a neutral requirement of general applicability, and therefore need only meet the rational basis test.

Moving to the RFRA claim, the court concluded that business corporations are also not covered by its protections:

General business corporations do not, separate and apart from the actions or belief systems of their individual owners or employees, exercise religion.  They do not pray, worship, observe sacraments or take other religiously-motivated actions separate and apart from the intention and direction of their individual actors.  Religious exercise is, by its nature, one of those “purely personal” matters ... which is not the province of a general business corporation.

Finally the court concluded that the mandate does not impose a "substantial burden" on the free exercise rights of the individual owners of the business corporations:

[E]ven assuming, as appears to be the case with plaintiffs, that they object as a matter of religious faith to any act supporting or facilitating abortion, no matter how indirect, that does not end the issue. RFRA’s provisions do not apply to any burden on religious exercise, but rather to a “substantial” burden on that exercise.... [T]he particular “burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by health care providers and patients covered by [Hobby Lobby’s] plan, subsidize someone else’s participation in an activity that is condemned by plaintiff’s religion.”...  Such an indirect and attenuated relationship appears unlikely to establish the necessary “substantial burden.”...

UPDATE: A Becket Fund press release says that Hobby Lobby will appeal the decision.

UPDATE2: Plaintiffs on Nov. 20 filed with the 10th Circuit Court of Appeals a motion for an injunction pending appeal and a memorandum in support of the motion. (Full text).

Pakistan Court Drops Trumped-Up Blasphemy Charges Against Christian Girl

The Guardian reports that in Pakistan this week, the Islamabad high court dismissed blasphemy charges that had been brought against a Christian girl, Rimsha Masih.  The case, in which the girl was charged with burning pages from holy texts, gained heightened international attention after it was claimed that a local mullah had planted charred pages from a Qur'an in the papers that Masih was carrying in order to strengthen the case against her. Police in the case testified that there was no evidence against Masih who was released on bail in September. (See prior posting.)

UPDATE: The full text of the court's order quashing the charges is now available.

Cert. Filed In Challenge To State Findings On Reliance on God

A petition for certiorari (full text) was filed last week with the U.S. Supreme Court in American Atheists, Inc. v. Kentucky Office of Homeland Security, (cert. filed 11/13/2012). In the case, a Kentucky state appeals court rejected an Establishment Clause challenge to legislative findings in a state Antiterrorism Act about the necessity of reliance on God. (See prior posting.).The Kentucky Supreme Court denied review. Sunday's Louisville Courier-Journal reports on the petition for review.

Court Upholds Santa Monica's Ban On Park Christmas Display

AP reports that a California federal district court yesterday denied a preliminary injunction in Santa Monica Nativity Scenes Committee v. City of Santa Monica, (CD CA, Nov. 19 2012).  The suit involved a challenge to a Santa Moncia (CA) ordinance that prevented a group from continuing the 60-year tradition of erecting a series Christmas story dioramas in Palisades Park during the holiday season. (See prior posting.) In recent years, controversy has surrounded holiday displays in the park after secular groups won substantial space in a neutral lottery for space and put up secular and anti-religious signs. According to AP:

The judge, however, said Santa Monica proved that it banned the displays not to squash religious speech but because they were becoming a drain on city resources, destroying the turf and obstructing ocean views. Churches can set up unattended displays at 12 other parks in the city with a permit and can leaflet, carol and otherwise present the Christmas story in Palisades Park when it is open, she said.

UPDATE: The opinion in Santa Monica Nativity Scenes Committee v. City of Santa Monica, (CD CA, Nov. 19, 2012) is at 2012 U.S. Dist. LEXIS 167525.

Obama Speaks In Burma About Religious Freedom

As part of his trip to Burma (Myanmar), President Obama spoke today at the University of Yangon in Rangoon. (Full text of speech.) His speech included a plea for the country to deal with the ethnic-religious violence faced by the Rohingya Muslim minority, and the persecution of ethnic minority Chin Christians in Kachin state:

And this truth leads me to the third freedom that I want to discuss:  the freedom to worship -- the freedom to worship as you please, and your right to basic human dignity.

This country, like my own country, is blessed with diversity.  Not everybody looks the same.  Not everybody comes from the same region.  Not everybody worships in the same way.  In your cities and towns, there are pagodas and temples, and mosques and churches standing side by side.  Well over a hundred ethnic groups have been a part of your story.  Yet within these borders, we’ve seen some of the world’s longest running insurgencies, which have cost countless lives, and torn families and communities apart, and stood in the way of development.

No process of reform will succeed without national reconciliation.  (Applause.)  You now have a moment of remarkable opportunity to transform cease-fires into lasting settlements, and to pursue peace where conflicts still linger, including in Kachin State.  Those efforts must lead to a more just and lasting peace, including humanitarian access to those in need, and a chance for the displaced to return home.

Today, we look at the recent violence in Rakhine State that has caused so much suffering, and we see the danger of continued tensions there.  For too long, the people of this state, including ethnic Rakhine, have faced crushing poverty and persecution.  But there is no excuse for violence against innocent people.  And the Rohingya hold themselves -- hold within themselves the same dignity as you do, and I do.

National reconciliation will take time, but for the sake of our common humanity, and for the sake of this country’s future, it is necessary to stop incitement and to stop violence.  And I welcome the government’s commitment to address the issues of injustice and accountability, and humanitarian access and citizenship.  That’s a vision that the world will support as you move forward.

(See prior related posting.)

Church With Police Hosts Operation Safe Surrender

AP reports that last week, Greater Friendship Baptist Church in Daytona Beach, Florida for the third time hosted Operation Safe Surrender in cooperation with law enforcement authorities.  The program allows those wanted by the police to surrender at the church, get an initial hearing there by closed-circuit TV with public defenders available, and for non-violent defenders get possible reduced or dismissed charges.  Clergy were also available for spiritual counseling.

Stanford Offers Religious Liberty Clinic

First Things reports that next semester Stanford Law School will become the first law school to offer students participation in a clinic that focuses on religious liberty. The Religious Liberty Clinic director is James Sonne, formerly of Ave Maria Law School.

Recent Articles of Interest

From SSRN:

• Solomon A.M. Ekwenze, The Use of the Holy Bible, the Holy Qu’Ran, Juju and Others for Oath of Office: To Fight Corruption in Nigeria, (November 11, 2012).
• Margit Cohn, Taking a Bus from Immanuel to Mea Shearim: The Role of Israel's High Court of Justice in Regulating Ethnic and Gender Discrimination in the Haredi Ultra Orthodox Sector, (November 15, 2012).
• Jon Hursh, Advancing Women's Rights Through Islamic Law: The Example of Morocco, (Berkeley Journal of Gender, Law & Justice, Vol. 27, No. 2, 2012).
• Alexandra Glynn, If You're Not Touched by Others' Pain: Natural Law, the Koran, and Three Texts from Muslim Culture, (November 11, 2012).
• Douglas M. Coulson, Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States v. Cartozian, (University of Miami Race and Social Justice Law Review 2 (2012)).

From SmartCILP:

• Stacy A. Scaldo, Life, Death & the God Complex: The Effectiveness of Incorporating Religion-Based Arguments Into the Pro-Choice Perspective on Abortion, 39 Northern Kentucky Law Review 421-465 (2012).
• Symposium: One Nation Under Law. Articles by Eric Michael Mazur, Cheryl A. Sharp, Umar F. Moghul and Betsy Walters. 11 Connecticut Public Interest Law Journal 183-295 (2012).

Judge Requires Teen To Attend Church For 10 Years As Probation Condition

ABC News reports that a state trial court judge in Oklahoma has sentenced a teenager to a probation arrangement that includes a requirement that he attend the church of his choice every week for ten years. After 17-year old Tyler Alred plead guilty to manslaughter in the death of his friend who was riding with him in an auto crash, Judge Mike Norman imposed a deferred prison sentence. Alred had been drinking. Alred will avoid jail and have his conviction expunged after 10 years if he complies with all the probation conditions: graduating high school, wearing a drug and alcohol bracelet, attending counseling sessions, and going to church. Judge Norman has imposed a sentence of church attendance in other cases also. Alred's lawyer did not object to the sentence.

Recent Prisoner Free Exercise Cases

In Owens v. Davies County Detention Center, 2012 U.S. Dist. LEXIS 162003 (WD KY, Nov. 9, 2012), a Kentucky federal district court dismissed an inmate's complaint of delays in feeding him breakfast during Ramadan, but allowed him to proceed on his claim of retaliation for filing grievances about the issue.

In Adams v. Davenport, 2012 U.S. Dist. LEXIS 161853 (MD AL, Nov. 13, 2012), an Alabama federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 162746, Oct. 5, 2012) and dismissed claims by a Native American inmate that requiring him to cut his hair violated his religious exercise rights. The court also rejected equal protection and retaliation claims.

In Vega v. Lantz, 2012 U.S. Dist. LEXIS 163963 (D CT, Nov. 16, 2012), a Muslim inmate sued complaining that his request to be circumcised was denied, he was denied prayer oils, and Friday congregate prayer was frequently cancelled. A Connecticut federal magistrate judge held that defendants were entitled to qualified immunity on the damage claims against them, but that the case can proceed on its claims for injunctive and declaratory relief.

Greece Charges Play Producers and Cast With Blasphemy

In Greece on Friday, the public prosecutor's office charged the organizers, cast and producers of the play Corpus Christi with "insulting religion" and "malicious blasphemy."  The play, by American playwright Terrence McNally depicts Jesus and his apostles as gay and living in Texas.  According to Reuters and Greek Reporter, the unusual criminal charges were filed after a lawsuit by Bishop Seraphim of Piraeus.  Weeks of protest outside the Hytirio Theater in downtown Athens by priests and right-wing groups such as the ultra-nationalist Golden Dawn party had caused the play to be cancelled.

Charter School Sponsor Sues Insurance Company Over Costs Of Establishment Clause Battle

In February 2011, the ACLU of Minnesota reached a settlement agreement with Islamic Relief USA and Minnesota's commissioner of education in a long-running lawsuit accusing a charter school, TiZA, of violating the establishment clause by promoting Islam. (See prior posting.) Now Islamic Relief (which was TiZA's sponsor) has filed suit against an insurance company for reimbursement of $1 million in cost and fees plus the settlement payment of $267,500 it incurred. The complaint (full text) in Islamic Relief USA v. Minnesota School Boards Association Insurance Trust, (D MN, filed 11/13/2012) alleges that the insurance company breached the insurance contract by refusing to provide a defense to Islamic Relief, and that the insurance company is obligated under the policy to indemnify Islamic Relief for the amounts it was required to pay as damages for alleged violations of civil rights. Courthouse News Service reports on the lawsuit.

Court Enjoins Requiring Christian Publisher To Cover Contraceptives Seen As Abortifacients In Health Care Plan

In Tyndale House Publishers, Inc. v. Sebelius, (D DC, Nov. 16, 2012), the federal district court for the District of Columbia issued a preliminary injunction  barring the federal government from enforcing a portion of the Affordable Care Act contraceptive coverage mandate against a company that publishes Bibles and other Christian books. The court held that plaintiffs would likely succeed on the merits of showing that their rights under the Religious Freedom Restoration Act would be infringed by requiring their health plans to cover contraceptive methods that the company and its owners consider abortifacients-- Plan B, ella and intrauterine devices.

The court held, first, that the publishing company has standing::

when the beliefs of a closely-held corporation and its owners are inseparable, the corporation should be deemed the alter-ego of its owners for religious purposes…. Tyndale [also]  has standing to assert its owners’ free exercise rights under the third-party standing doctrine….

Turning to the substance of plaintiffs’ claims under the Religious Freedom Restoration Act, the court concluded that the contraceptive coverage mandates substantially burdens plaintiffs’ free exercise rights:

Because it is the coverage, not just the use, of the contraceptives at issue to which the plaintiffs object, it is irrelevant that the use of the contraceptives depends on the independent decisions of third parties.  And even if this burden could be characterized as “indirect,” the Supreme Court has indicated that indirectness is not a barrier to finding a substantial burden….

The government argued that even if there was a substantial burden, it had a compelling interest in preventing the health problems associated with unintended pregnancies. The court held, however, that since plaintiffs object only to a limited number of contraceptives, and will still provide many others, it is not clear how excluding that limited number will interfere with the government's interest.  It also pointed out that other exemptions in the law exclude 191 million employees from coverage by the mandate.

Alliance Defending Freedom issued a press release announcing the decision, and the Washington Post reported on the decision.

British Court Finds Priest Sexual Abuse Caused Only Limited Damage To Claimant

In Raggett v. Society of Jesus Trust 1929 for Roman Catholic Purposes, (EWHC, Nov. 9, 2012), a British trial court (England and Wales High Court Queen's Bench Division) was faced with the question of the amount of damages to award to claimant who had been the victim of "a sustained course of sexual abuse" (but not "penetrative activity") by a Catholic priest beginning in 1970 when plaintiff was 11 years old and continuing until he was 15. Claimant, who was a law school graduate, sought damages in excess of £4 million.  He claimed that:

the psychiatric damage resulting from the abuse caused him difficulties in forming and maintaining personal relationships, in particular with his first wife. He also contends that the personality change caused by the abuse had a seriously detrimental effect on his ability to work as a solicitor. In particular, it adversely affected his ability to relate to people in positions of authority and to exercise appropriate judgment and self-control in his dealings with them. It is said that it also caused the claimant to indulge in 'risk taking' behaviour, to drink excessively and to use illicit drugs. It is claimed that the personality change resulted in the loss of his employment with Pinsents and his inability to obtain alternative employment as a lawyer.

The court in a 350 paragraph opinion, however, awarded him only £54,923.03, concluding that:

the psychological effects of the sexual abuse were confined to a period of about eight years from the start of the abuse until the beginning of the claimant's third year at University. They would have been most acute during the period of four years or so when the abuse was continuing. Thereafter, I find that the claimant's problems were caused mainly by his harmful use of alcohol, coupled with his abnormal personality traits. I do not consider that the abuse played any significant role in the claimant's performance at work, the loss of his legal career, his excessive drinking, his drug taking or his difficulties with relationships.

British Court Says Employer Breached Contract In Disciplining Christian Employee For Facebook Remarks

In Smith v. Trafford Housing Trust, (EWHC, Nov. 16, 2012), a British trial court (the England and Wales High Court Chancery Division) held that a non-profit organization that owns rental properties across the Borough of Trafford was in breach of contract when it demoted a Christian employee because of Facebook postings he made opposing performing of same-sex marriages in churches. The housing trust had argued that their employee, by making the posting, violated its employee code of conduct and its equal opportunity policy. Rejecting those contentions, Mr. Justice Briggs wrote in part:

I do not consider that any reasonable reader of Mr Smith’s Facebook wall page could rationally conclude that his two postings about gay marriage in church were made in any relevant sense on the Trust’s behalf....

The prohibition on the promotion of the political and religious views in the Code of Conduct did not, as a matter of interpretation and application, extend to Mr Smith’s Facebook wall....

Mr Smith’s use of his Facebook involved his work colleagues only to the extent that they sought his views by becoming his Facebook friends, and that did not detract to any significant extent from the essentially personal and social nature of his use of it as a medium for communication.

BreakingNews.ie and The Register both report on the decision.

USCIRF Urges Obama To Raise Religious Freedom Issues On Visit To Burma

On Saturday, President Obama leaves on a 4 day trip to Thailand, Burma and Cambodia. (USA Today).  On Wednesday, in advance of the trip, Katrina Lantos Swett, Chair of the U.S. Commission on International Religious Freedom wrote the President urging him to raise with Burma issues of religious freedom and ethnic and communal violence. The letter (full text) particularly emphasizes the restrictions and violence faced by the Rohingya Muslim minority, as well as the persecution of ethnic minority Chin Christians in the states of Kachin and Shan.

Damage Award Denied To Father Who Objected To Foster Care Placement That Violated Children's Religious Training

In BK v. Toumpas, (D NH, Nov. 14, 2012), a New Hampshire federal district court rejected a Hindu father's claim for damages against state child welfare officials for placing his 3 minor children in temporary foster care with families that disrespected the children's religious upbringing by serving them beef and taking them to Christian religious services. The court held that defendants had qualified immunity because any unconstitutionality of their actions would not have been clear to a reasonable official.

Christian Employee's Title VII Objections To Ramadan Accommodation Dismissed

In Ross v. Colorado Department of Transportation, (D CO, Nov. 14, 2012), a Colorado federal district court dismissed a Christian employee's Title VII claims for hostile work environment, failure to accommodate, discrimination, and retaliation. Plaintiff complained that his religious rights were infringed when a staff appreciation luncheon was rescheduled so that it would not take place during Ramadan, and when unit employees were invited by e-mail to have bagels and cream cheese in the cafeteria to mark the end of Ramadan. He contended that the Department was accommodating to Muslim proselytization and practices in the workplace. The court ordered further briefing on defendant's 11th Amendment defense to constitutional claims that were also asserted.

Obama Sends Best Wishes For Diwali

Earlier this week, on Tuesday, Hindus, Jains, Sikhs and some Buddhists celebrated Diwali – known as the festival of lights.  On Tuesday, the White House released a statement (full text) from the President extending holiday wishes to all those observing the holiday. The statement said in part:

Earlier this year, we were reminded of the evil that exists in the world when a gunman walked into the Sikh gurdwara in Oak Creek, Wisconsin and opened fire.  In the wake of that horrible tragedy, we saw the resilience of a community that drew strength from their faith and a sense of solidarity with their neighbors, Sikh and non-Sikh alike.  We also saw compassion and love, in the heroic actions of the first responders and the outpouring of support from people across the country.  Out of a day of sadness, we were reminded that the beauty of America remains our diversity, and our right to religious freedom.

Appeal Planned In Case Upholding Religious Instruction In Australian State's Schools

The Australian reports today that parents will appeal a decision handed down last month upholding the Special Religious Instruction program in the public schools in the Australian state of Victoria. Religious bodies offer 30 minutes per week of classes. Most of the classes, offered in two-thirds of the state's schools, are offered by the Christian group ACCESS ministries. Parents can choose whether or not their children will attend. Last month in Aitken v. State of Victoria – Department of Education & Early Childhood Development, (VCAT, Oct. 18, 2012), the Victorian Civil and Administrative Tribunal rejected a challenge by parents of children at 3 primary schools who contended that the way the program is offered amounts to direct discrimination against their children in violation of the Equal Opportunity Acts of 1995 and 2010. In those schools, most of the SRI classes were Christian, but one was Bah'ai. The court held:

Parliament authorised the provision of SRI in Victoria more than 60 years ago. That law was re-enacted 6 years ago. Parliament has given parents the opportunity to permit their children to attend SRI in the normal school hours, in schools where it is provided. Instruction may be given in different religions. SRI is not compulsory and parents have a choice whether their children attend. If they do not, they engage in useful, non-curriculum activities under teachers’ supervision. The SRI program has been implemented by teachers at the three schools in a thoughtful manner. Attendance by a child at SRI does not, necessarily, indicate that the child, or the parents, hold any particular religious beliefs. The evidence did not establish that the children, who did not attend SRI at the three schools, were treated in any discriminatory manner.

Plaintiff Sophie Aitken, speaking of the decision to appeal, said:

I would like to see a situation where all children receive proper teacher-run education about different religions and world views, as a way to enhance understanding and tolerance between people. Instead we have this divisive situation where children as young as five are being separated based on their religious beliefs.

Data Released On Tribal Taking Of Eagles and Hawks For Religious Purposes

An environmental group has obtained from the U.S. Fish and Wildlife Service the 2010 and 2011 data on the number of eagles and red tailed hawks taken for religious purposes by the Hopi Indian tribe under government permits.  Fly Rod and Reel reports that the data was obtained under Freedom of Information Act requests filed by Public Employees for Environmental Responsibility. The Hopis took 11 golden eagles and 1 red tailed hawk in 2010. They took 18 golden eagles and red tailed hawks in 2011. These were taken mostly from Navajo lands in northeastern Arizona with Navajo permission. Since 1986, they have taken a total of 495 golden eagles and 175 red-tailed and other hawks.  The U.S. Fish and Wildlife Service issues the permits under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

FFRF Sues IRS Over Non-Enforcement of Electioneering Restrictions On Churches

The Freedom From Religion Foundation yesterday announced that it has filed suit in a Wisconsin federal district court against the Internal Revenue Service challenging its failure to enforce against churches and religious organizations the electioneering restrictions applicable to tax-exempt non-profit organizations under Section 501(c)(3) of the Internal Revenue Code.  The Internal Revenue Code imposes special procedural provisions for instituting a church tax inquiry, and rule changes needed to properly implement those procedures have been pending for over 3 years. (See prior posting.) The complaint (full text) in Freedom From Religion Foundation, Inc. v. Shulman, (WD WI, filed 11/14/2012), contends that the non-enforcement policy results in preferential treatment of churches and other religious organizations in violation of the Establishment Clause. The complaint asks the court to order the IRS to remedy the procedural problem by requiring it to designate an official who is authorized to determine when to initiate churches tax inquiries.

Group Launches 10th "Friend or Foe Christmas" Campaign

Liberty Counsel announced yesterday that it is launching its tenth annual "Friend or Foe Christmas Campaign."  The campaign is aimed at preventing the "censoring" of Christmas.  It focuses on governmental entities and businesses that use the term "holiday" rather than "Christmas" in publicity and advertisements, or which refer to a "holiday tree" or "holiday parade." It also focuses on bans on religious Christmas carols or wearing of red and green in schools. The group makes available  legal memos on the public and workplace celebration of Christmas and and complies a "Naughty and Nice" list of retailers who either recognize Christmas or who instead use more generic terms.

Australian Prime Minister Recommends Royal Commission On Institutional Responses To Child Abuse

At a press conference (full text) on Monday, Australia's prime minister Julia Gillard announced that she will recommend to the Governor-General that a Royal Commission be appointed to inquire into institutional responses to allegations of child abuse in Australia. The investigation will be aimed not just at the Catholic Church, but at all organizations and agencies that have been involved in caring for children. AAP reports that Australia's Cardinal George Pell welcomed the inquiry, but cautioned that the Catholic Church should not be made a scapegoat. New South Wales Premier Barry O'Farrell took strong issue with a statement made by Cardinal Pell that priests who hear confessions from other priests who have committed child sex abuse remain bound by the Seal of Confession. Pell advised priests to avoid hearing confessions from colleagues where they suspect abuse to prevent the problem of being bound to secrecy. The Australian reports that government opposition leader Tony Abbott also called for priests to report abuse even if they learned of it in confession. [Thanks to James S. Kolan for the lead.]

Canadian Court Invalidates Meeting of Sikh Temple, Finding Inadequate Notice

In Grewal v. Guru Nanak Sikh Gurdwara Society, (BC CA, Nov. 2, 2012), the Court of Appeal for the Canadian province of British Columbia upheld a lower court ruling that invalidated a resolution changing the qualifications for election to the Sikh temple's Executive Committee. The case was triggered by a dispute between "old guard" members of the Gurdwara, many of whom are "non-baptized" Sikhs, and younger members who are baptized and who were elected to the Executive Committee in 2009. The Sikh Youth Executive obtained passage by members in 2010 of new provisions for giving notice of Gurdwara meetings. Instead of giving notice by mail, effective notice could be given by publication in English language and Punjabi language newspapers with a circulation of over 10,000, plus publication on the Gurdwara's website and posting a notice on a bulletin board in the hall of the temple.  At the 2011 meeting, called using this procedure, members changed the qualifications for election to the Executive Committee. Now only baptized Sikhs were eligible.

In invalidating that change, the court concluded that the notice given for the meeting did not meet the requirements of province's Society Act, Sec. 60:

There was evidence that certain of the newspaper notices were contained in papers not circulated but given away at certain locations.  It seems to me that it would be difficult to demonstrate that such a methodology could ever be the type of notice contemplated to be given to members of a society pursuant to s. 60 of the Act....  A “giveaway” paper is obviously a wholly inadequate vessel for the giving of proper notice.

The court also suggested, without deciding, that it was not adequate to give notice in papers having a circulation as low as 10,000 when the Society had over 30,000 members. Surrey Now reports on the decision.

Jamaican Government Bans Preaching On Public Buses

In the Caribbean island nation of Jamaica, the government operated transit system has banned the practice of preaching to captive audiences on buses after complaints from some passengers.  Both AP and Jamaica Gleaner report that a directive has been given to drivers to politely tell preachers that they must stop their evangelizing.  Blind lay preacher Robert Lawson argues that the new order infringes his freedom of speech and religion.

Supreme Court Denies Cert. In Public School Released Time Case

The U.S. Supreme Court yesterday denied certiorari in Moss v. Spartanburg County School District, (Docket No. 12-415, cert. denied 11/13/2012). (Order List.) In the case, the 4th Circuit upheld Spartanburg's released time program that permits high school students to receive two academic credits for off-campus religious instruction offered by a private Bible school. (See prior posting.) Becket Fund issued a press release on the court's refusal to review the case.

Evidence of Religious Beliefs May Negate Intent To Distribute Marijuana

In United States v. Martines, 2012 U.S. Dist. LEXIS 160719 (D HI, Nov. 8, 2012), defendant, who was charged with conspiracy to manufacture and possess with intent to distribute over 100 marijuana plants, sought a continuance in order to secure the testimony of an expert on the Rastafarian religion.  A Hawaii federal district court denied the motion insofar as it related to a defense under the Religious Freedom Restoration Act because the government advanced a sufficiently compelling interest to overcome a RFRA defense. However the court granted the motion to allow the defendant to "introduce evidence of his Rastafarian beliefs, including the expert testimony ..., in order to negate the Government's evidence of his intent to distribute."

7th Circuit: Police Department Employee Was Offered Adequate Religious Accommodation

In Porter v. City of Chicago, (7th Cir., Nov. 8, 2012), the U.S. 7th Circuit Court of Appeals affirmed the dismissal of a claim by an employee of the Chicago police records service division that the city failed to accommodate her religious practices. Plaintiff wanted Sundays off because of her church involvement. The court concluded that the city met its obligations under Title VII of the 1964 Civil Rights Act when it instead offered plaintiff a later Sunday shift that would have permitted her to attend church on Sunday mornings. The court also rejected her retaliation and disparate treatment claims.

Violent Clashes Break Out Over Control of California Sikh Temple

For several years, two factions have been competing for control of a Sikh Temple in California. A 2008 election brought in reform directors for the Tierra Buena Gurdwara in Yuba City. (See prior posting.) Last September, 5 of the 73 board members attempted to force new elections, but a Sutter County (CA) court refused to order them.  Now some members apparently are resorting to self-help. PTI reports that on Sunday a violent clash between two groups broke out in the Gudwara parking lot as board members were leaving after a board meeting. Board members were attacked with shovels, broom handles and sticks as two groups of over 30 people clashed. The Sutter County Sheriff's Office is investigating.

Human Rights Council Elected; Critics Concerned With Human Rights Records of Many

UN Watch reports on the 18 nations, including the United States, that were elected to the U.N.'s Human Rights Council yesterday. In an evaluation published prior to the election, U.N Watch rated 7 of the countries ultimately elected as not qualified based on their human rights and U.N. voting records. The 7 are: Cote d’Ivoire, Ethiopia, Gabon, Kazakhstan, Pakistan, UAE, Venezuela. The group rated two others-- Kenya and Sierra Leone-- as questionable.

Tunisian Government Struggles With Salafists Over Control Of Mosques

A New York Times article posted yesterday explores the struggle between the new moderate government of Tunisia and more radical Salafists, saying in part:

Revolution freed the country’s estimated 5,000 officially sanctioned mosques from the rigid controls of the previous government, which appointed every prayer leader and issued lists of acceptable topics for their Friday sermons.

That system pushed a moderate, apolitical model of Islam that avoided confronting a dictator. When the system collapsed last year, ultraconservative Salafis seized control of up to 500 mosques by government estimates. The government, a proponent of a more temperate political Islam, says it has since wrested back control of all but 70 of the mosques, but acknowledges it has not yet routed the extremists nor thwarted their agenda.

Suit On Discrimination Against Charter School Moves Ahead In Part

In Pocono Mountain Charter School v. Pocono Mountain School District, (MD PA, Nov. 8, 2012), a publicly funded charter school, along with students and parents, claimed that a Pennsylvania school district imposed harsher conditions on the school out of racial and religious animus. Most of the students in the school are African-American or Hispanic, and the school's former CEO was associate pastor of Shawnee Tabernacle Church, which several trustees attended as well. This opinion grows out of an amended complaint filed after a 3rd Circuit decision in the case. The court dismissed claims under the free exercise clause of the Pennsylvania constitution because plaintiffs raised only the freedom of worship rights of the school's officers and trustees, not their own rights. However the court permitted plaintiffs to move ahead with claims of religious, racial and national origin discrimination under the equal protection clause of the Pennsylvania constitution.  The court also permitted individual plaintiffs to proceed under Title VI of the 1964 Civil Rights Act on their racial and national origin discrimination charges, but held that the charter school itself could not sue under Section 1983.