Supreme Court Denies Review In Challenge To Ban On Pro-Life Picketers' "Gruesome Images"

The U.S. Supreme Court today denied certiorari in Scott v. Saint John’s Church in the Wilderness, (Docket No. 12-1077, cert. denied 6/10/2013). (Order List.) In the case, a Colorado appeals court enjoined anti-abortion protesters who were picketing a church they believed had gone astray from displaying gruesome images of mutilated fetuses or dead bodies in a manner reasonably likely to be viewed by children. (See prior posting.) The case has received a good deal of attention in the blogosphere, particularly through postings by Eugene Volokh who represented petitioners.

Organization of American States Adopts Two Human Rights Conventions; U.S. Has Objections

Merco Press reports that the General Assembly of the Organization of American States meeting last week in Guatemala adopted two human rights conventions-- the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance and the Inter-American Convention against All Forms of Discrimination and Intolerance. According to JTA, at a ceremony on Saturday, six countries signed the new conventions-- Argentina, Antigua and Barbuda, Brazil, Costa Rica, Ecuador and Uruguay.

The new Convention Against All Forms of Discrimination and Intolerance contains a broad definition of prohibited discrimination (Art. 1):

Discrimination may be based on nationality; age; sex; sexual orientation; gender identity and expression; language; religion; cultural identity; political opinions or opinions of any kind; social origin; socioeconomic status; educational level; migrant, refugee, repatriate, stateless or internally displaced status; disability; genetic trait; mental or physical health condition, including infectious-contagious condition and debilitating psychological condition; or any other condition.

The introductory language of the Convention proclaims that parties to it are "disturbed by ... a general increase in cases of intolerance and violence motivated by anti-Semitism, Christianophobia, or Islamophobia, and that directed against members of other religious communities, including those with African roots."  It goes on to recognize "that peaceful coexistence among religions in pluralistic societies and democratic states is based on respect for equality and nondiscrimination among religions and on a clear separation between the laws of the state and religious tenets."

Under Art. 4, states agree to  prevent and prohibit "publication, circulation or dissemination, by any form and/or means of communication, including the Internet, of any materials that advocate, promote, or incite hatred, discrimination, and intolerance."

Footnotes to both Conventions (which continue at the end of the respective documents) indicate that the United States has reservations. The U.S.states in part:

The United States believes that what is needed in this area are enhanced measures and efforts to implement existing human rights instruments, not the adoption of new instruments.  Additionally, we are concerned that some provisions of the draft conventions could undermine or are incompatible with international human rights law protections including those related to freedoms of expression and association.

At the Guatemala meetings, officers of the Inter-American Commission on Human Rights were also elected. (OAS press release). Winning candidates were Jose de Jesús Orozco (Mexico) who was reelected, Stanford Law Professor James L. Cavallaro (United States) and Paulo De Tarso Vannuchi (Brazil). Here is the U.S. State Department's press release on the OAS meetings.

Recent Articles of Interest

From SSRN:

• Daniel Golebiewski, Because the Bible Says So: The Impact of Roman Catholic Doctrines on LGBT Rights, (May 1, 2013).
• Pasquale Annicchino, The Conflict between the Autonomy of Religious Groups and Other Fundamental Rights: Recent Decisions of the U.S. Supreme Court and of the European Court of Human Rights, (Quaderni di Diritto e Politica Ecclesiastica 1, 2013).
• Peter G. Danchin, The Politics of Religious Establishment: Recognition of Muslim Marriages in South Africa, (in "Varieties of Religious Establishment" ed. Winnifred Fallers Sullivan and Lori G. Beaman (Farnham, Ashgate, 2013)).
• Alina Ng, Finding Copyright's Core Content, (University of St. Thomas Law Journal, Forthcoming).
• Michael J. Perry, The Morality of Human Rights, (June 4, 2013).
• Hdeel Abdelhady, Islamic Finance as a Mechanism for Bolstering Food Security in the Middle East: Food Security WAQF, (Sustainable Development Law & Policy 13, no. 1 (2012): 29-35, 63-65).
• Roger Colinvaux, Charitable Contributions of Property: A Broken System Reimagined, (Harvard Journal on Legislation, Vol. 50, No. 263, 2013).

From SmartCILP:

• Maarsha B. Freeman, What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor and the Unbridled Power of the Ministerial Exemption, [Abstract], 16 University of Pennsylvania Journal of Law & Social Change 133-149 (2013).
• Richard W. Garnett, The Story of Kedroff v. St. Nicholas Cathedral [Includes photographs], [Abstract], 38 Journal of Supreme Court History 80-93 (2013). 
• Douglas Laycock, Edward Schempp and His Family [Includes photographs], [Abstract], 38 Journal of Supreme Court History 63-79 (2013).
• Raymond C. O'Brien, Family Law's Challenge to Religious Liberty, 35 University of Arkansas Little Rock Law Review 3-88 (2012).
• Fatahillah Abdul Syukur & Dale Margaret Bagshaw. When Home Is No Longer "Sweet": Family Violence and Sharia Court-Annexed Mediation in Indonesia, 30 Conflict Resolution Quarterly 271-294 (2013).

In Israel, Women of the Wall Pray Without Interference Under Police Protection

Haaretz reports that this morning in Israel police enforced a Jerusalem district court order allowing "Women of the Wall" to pray in the main section of the Western Wall wearing prayer shawls and tefillin (phylacteries).  In the past, police enforced rules created by Orthodox Rabbi Shmuel Rabinowitz, the rabbi of the Western Wall, which barred women from wearing religious garb that in more traditional circles is worn only by men. (See prior posting.) But today the women prayed without interference.  The tens of thousands of Haredi (ultra-Orthodox) demonstrators who were supposed to show up to protest never materialized.  Only 200 unorganized demonstrators were present. Today's events lessen the pressure to implement a compromise plan developed by Jewish Agency Chairman Natan Sharansky to build a new third area at the Wall for egalitarian prayer.

British Soccer Team Faces Opposition From Player Over Wearing Shirt Advertising Payday Loan Sponsor

According to yesterday's Daily Mail, in Britain the Newcastle United soccer club is facing opposition from one of its star players over wearing a shirt displaying the name of the club's new sponsor, Wonga.com.  Senegalese football striker Papiss Cissé, who signed with the Newcastle Club for some £8 million, says it offends his Muslim beliefs to wear shirts advertising the payday loan company that entered a lucrative 4-year deal with Newcastle.  Sharia law prohibits Muslims from benefiting through lending money to others.  Wonga charges over 4000% interest on its short-term loans. Newcastle's options are allowing Cisse to wear an unbranded shirt during games, or selling Cisse to another team.

No Free Exercise Problem With Evidence of Defendant's Santa Muerte Necklace

In Batiste v. State of Texas, (TX Ct. Crim App., June 5, 2013), defendant who was convicted of capital murder and sentenced to death objected, among other things, to the introduction at the penalty phase of his trial of a Santa Muerte necklace he was wearing when arrested. Apparently drug traffickers pray to Santa Muerte to ward off the police when making a drug run. The court held that appellant had failed to object on any 1st Amendment religious ground to introduction of the evidence. It added in a lengthy footnote, however:

Even if appellant had objected on a First Amendment basis, claiming that the admission of the necklace infringed upon his right to his free exercise of religion, the trial judge would not have abused his discretion in overruling that objection. At no time did the prosecutor or the gang expert suggest that appellant's necklace had any significance to the exercise of a bona fide religion. Its established relevance in criminal trials is to criminal street gangs and their "worship" of "Santa Muerte" or "Saint Death" who has been described as "the drug trafficker's god" and is "used as a protector of drug traffickers.... "

Recent Prisoner Free Exercise Cases

In Ali v. Reilly, 2013 U.S. Dist. LEXIS 77549 (D NH, June 3, 2013), a New Hampshire federal magistrate judge recommended allowing a Muslim inmate to move ahead with a number of his claims alleging denial of access to Jum'ah services, denial of nutritious food during Ramadan and removal from the Ramadan list.

In Wood v. Michigan Department of Corrections, 2013 U.S. Dist. LEXIS 79310  (WD MI, June 6, 2013), a Michigan federal district court, while dismissing a number of plaintiff's claims, permitted a Muslim inmate to proceed on other of his claims against the Department of Corrections and the special activities coordinator seeking a halal diet, bagged meals during Muslim fast days, and the ability to possess religious property.

In Rodriguez v. Mims, 2013 U.S. Dist. LEXIS 79980 (ED CA, June 6, 2013), a California federal magistrate judge recommended that a Muslim inmate be permitted to proceed on his complaint against one defendant alleging that the jail in which he was previously held refused to provide him with a kosher diet.

In King v. Bosenko, 2013 U.S. Dist. LEXIS 80075 (ED CA, June 6, 2013), a California federal magistrate judge denied an inmate summary judgement, holding that his mere assertion that as a Buddhist he requires a vegetarian diet is not enough to establish as a matter of law that his beliefs are sincere and that vegetarianism is a tenet of his religion.

In Maloney v. Ryan, 2013 U.S. Dist. LEXIS 80410 (D AZ, June 6, 2013), an Arizona federal district court permitted a Muslim inmate to proceed on several related complaints about the prison's breakfast policy during Ramadan.

Canadian Terrorist Defendant Insists On Lawyer That Will Help Him Be Judged By the Qur'an

Today's Toronto Star reports on the difficulties faced by a Canadian justice of the peace in attempting to find a lawyer to defend accused terrorist Chiheb Esseghaier.  The defendant, a Tunisian national, is accused of taking part in a plot to derail a Toronto-bound passenger train.  Esseghaier insists that he will only accept a lawyer who will help him be judged by the Qur'an, rather than by the Canadian Criminal Code which he considers "a book written by humans." Recently a legal aid lawyer refused to take the case because of this demand.

County Commission Prayer Challenge Survives Legislative Immunity Defense

In Doe v. Franklin County, Missouri, (ED MO, June 7, 2013), plaintiff, who attended County Commission meetings, sued the county and Presiding Commissioner John Griesheimer who often opened Commission meetings with a Christian prayer, instead of with the scheduled moment of silence. The court fund that plaintiff has standing.  It then refused to dismiss the suit against Griesheimer on the basis of legislative immunity, finding that the content of the prayers involved did not relate to deliberating or passing any law-- a prerequisite for legislative immunity. The court held in abeyance defendants' motion to dismiss the suit as a political question until the U.S. Supreme Court decides a legislative prayer case on its docket for next term. (See prior posting.)

This Weekend Is Pulpit Freedom Sunday-- With Slightly Different Emphasis

This Sunday is Alliance Defending Freedom's 6th Annual Pulpit Freedom Sunday. According to an ADF press release,  almost 1,100 pastors in all 50 states plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have registered to participate. Participants this year have agreed to preach sermons that present the biblical perspective on marriage as the union of one man and one woman.  The focus of this year's event is slightly different than in the past, lacking the previous years' avowed defiance of Internal Revenue Code restrictions on non-profits. (See prior posting.) ADF explains:

Since 2008, one of Pulpit Freedom Sunday’s aims has been to have the IRS rule known as the Johnson Amendment struck down as unconstitutional for its regulation of sermons, which are protected by the First Amendment. The primary focus, however, has been on encouraging pastors to exercise their First Amendment freedom to speak truth into every area of life from the pulpit.

Pro-Lifers Challenge Ordinance Barring Noise Around Health Care Facilities

A federal lawsuit was filed yesterday against the city of West Palm Beach, Florida by two anti-abortion activists challenging the city ordinance that prohibits shouting and all amplified sound within 100 feet of the property line of a property housing a health care facility.  The complaint (full text) in Pine v. City of West Palm Beach, Florida, (SD FL, filed 6/6/2013), alleges that plaintiffs, one of whom is the founder of a pro-life ministry, have for many years carried sings and used sound amplification devices at a West Palm Beach women's center that performs abortions. The suit alleges that the ordinance is an overbroad regulation of speech; that selective enforcement of it amounts to a viewpoint-based restriction; and that the ordinance and the application of it "substantially burden Plaintiffs' free exercise of their religious beliefs by prohibiting Plaintiffs from fulfilling their Biblical mandate to promulgate the Gospel of Jesus Christ and evangelize others." Liberty counsel issued a press release announcing the filing of the lawsuit.

Bangladesh Court Fines Muslim Clergy For Election Campaigning

According to bdnews24, in Bangladesh a "mobile court" has fined an imam and a moazzin (Muslim preacher) 10,000 Tk (equivalent of $128 US) for campaigning for a candidate in the upcoming Gazipur City Corporation elections. The judge involved told the press: "We got information that the duo had been campaigning for BNP-backed candidate Professor MA Mannan after Thursday’s Magrib prayers. We went to the spot and caught them in the act. They have been fined for breach of code of conducts."

Christian Employee Who Objects To Secular Counseling Loses Religious Accommodation Claim

In Valenzisi v. Stamford Board of Education, (D CT, June 5, 2013), a Connecticut federal district court dismissed a claim by high school math teacher challenging his termination on, among other grounds, Title VII and 1st Amendment claims of failure to accommodate his religious beliefs. Teacher Frank Valenzisi was required to obtain a "fit for duty" medical evaluation before he could resume teaching after claims of aggressive behavior, difficulty recognizing people and bizarre behavior in a meeting with the deputy superintendent.  Valenzisi objected to the requirement, and sued claiming that as a born-again bible-believing Christian he objected to secular counseling. The court held that there is a question of whether the fitness-for-duty evaluation involved secular counseling, but even if it did Valenzisi did not show that he had requested an accommodation from his employer.

High School Valedictorian Insists on Delivering Prayer

Christian Post reports on the June 3 graduation at Liberty High School in Pickens County, South Carolina.  Valedictorian Roy Costner IV tore up his pre-approved speech and instead, to the applause of many in attendance, recited the Lord's Prayer in full. YouTube has his speech.

FBI To Expand Religious Groups Covered By Hate Crime Reports

According to the Huffington Post, the FBI Advisory Policy Board yesterday approved a pending proposal to amend the standard hare crime incident reporting form so that police departments around the country track hate crimes against Sikhs, Hindus and Arabs. (See prior posting.) Currently the form tracks hate crimes motivated by religious animus against Jews, Catholics, Protestants, Muslims and atheists/agnostics. Subsequently yesterday an FBI spokesman announced that the FBI will go even further and will track hate crimes against "all self-identified religions in the United States as listed in the Pew Research Center’s Pew Forum on Religion and Public Life (2008) and the Statistical Abstract (2012) approved by the U.S. Census Bureau." That list includes: Catholic, Protestant, Mormon, Jehovah's Witness, Orthodox, Other Christian, Jewish, Islamic (Muslim), Buddhist, Hindu, Sikh, Other Religions, Multiple Religions-Group, and Atheism/Agnosticism. All of these changes must still be approved by FBI Director Robert Mueller.

Quebec Soccer Federation Bans Sikh Turbans; Federal Officials Criticize Move

In Canada, the Quebec Soccer Federation has created controversy by deciding last week end to uphold its ban on Sikh boys wearing turbans on the soccer fields.  The Montreal Gazette reported Tuesday:

Quebec referees began cracking down in the last year on turbans, patkas and keskis, the religious headgear worn by Sikh men and boys.

The weekend decision to uphold the ban occurred despite a directive from the Canadian Soccer Association in April, calling for provincial associations to allow them by extending an existing rule that allows Islamic hijabs for girls.

Quebec is the only province that has balked at the directive.

The Soccer Federation sent a memo (full text in French) to referees on Tuesday telling them that they are required to enforce the ban.  The Province reported yesterday that Canadian federal officials are strongly criticizing the turban ban.

UPDATE: RNS reports:

The Quebec Soccer Federation lifted the ban Saturday (June 15), a day after the Canadian Soccer Association sent out word that FIFA, the international governing body, approved the headgear. But allegations of religious intolerance and racism still linger.

UK Parliamentary Committee Report Urges Changes In Charities Act Definition of Religious Charity

In Britain yesterday, the House of Commons Public Administration Select Committee published a report titled The role of the Charity Commission and “public benefit”: Post-legislative scrutiny of the Charities Act 2006.  Britain's 2006 Charity Act requires that to qualify as a charity, an organization must not only be created to advance one of a set of specified purposes, such as "advancement of religion," but must also be "for the public benefit."  The Report says in part:

The Charity Commission... argued that there was a “lack of certainty as to the law relating to the public benefit requirement for the advancement of religion” since the passing of the Charities Act 2006. This lack of certainty, and the Commission’s interpretation of the Act, have led to the questioning of the charitable status of independent schools and the Plymouth Brethren Christian Church (or Exclusive Brethren) and concerns over the wider impact on faith charities.... 

We recommend that the removal of the presumption of public benefit in the 2006 Charities Act be repealed, along with the Charity Commission’s statutory public benefit objective. This would ensure that no transient Government could introduce what amounts to substantive changes in charity law without Parliament’s explicit consent. If the Government wishes there to be new conditions for what constitutes a charity and qualifies for tax relief, it should bring forward legislation, not leave it to the discretion of the Charity Commission and the courts.

Third Sector has additional information.

School Need Not Accommodate Teacher's Tuesday Sabbath

In Slocum v. Devezin, (ED LA, June 3, 2013), a Louisiana federal district court dismissed an elementary school teacher's Title VII religious accommodation lawsuit.  Special education teacher Joy Slocum wanted to take time off to observe her Sabbath from 10:00 a.m. on Tuesday until 10:00 a.m. on Wednesday each week. The school refused.  According to the court:

Accommodating Plaintiff's request to take off every Tuesday would require Defendants to hire a substitute teacher every week, or a part-time employee to cover every Tuesday, in addition to paying Plaintiff's salary, or perhaps would require her students to sit with another teacher's class – overloading the student-teacher ratio.... [O]bliging Plaintiff's request and accommodating her religious practices in this regard would require Defendants  to bear more than a de minimus cost, and as such would be an "undue hardship."

Louisiana Passes Bill Encouraging Student Use of School Space For Prayer

Last Saturday the Louisiana legislature gave final passage to HB 724 that encourages schools to allow students to use school space for prayer. The bill provides:

A. Upon the request of any public school student...  school authorities may permit students to gather for prayer in a classroom, auditorium, or other space that is not in use, at anytime before the school day begins when the school is open and students are allowed on campus, at any time after the school day ends provided that at least one student club or organization is meeting at that time, or at any noninstructional time during the school day. A school employee may be assigned to supervise the gathering if ... requested by the student ... and the school employee volunteers....

B. Any school employee may attend and participate in the gathering if it occurs before the employee's workday begins or after [it] ... ends.

C. Any parent may attend the gathering....

D. The students may invite persons from the community to attend and participate in the gathering if other school organizations ... are allowed to make similar invitations.

Wall of Separation blog sets out the concerns that American United have with the bill.

Missouri Governor Vetoes Anti-Foreign Law Bill

As reported by AP, yesterday Missouri Governor Jay Nixon vetoed (full text of veto message) S.B. No 267, the Civil Liberties Defense Act, which provided that any ruling by a court or tribunal will be void and unenforceable if it is based on any foreign law, legal code or system that is repugnant or inconsistent with the Missouri or U.S. constitutions. Bills such as this one are the outgrowth of earlier versions that were more explicitly directed at barring the application of Sharia law.  In vetoing the bill, the governor in part emphasized the problems that it would create with foreign adoptions by Missouri parents. Explaining his veto during a visit to a children's services agency, Nixon said:

This legislation seeks to solve a problem that does not exist, while creating the very real problem of jeopardizing Missouri's families' ability to adopt children from foreign countries.

Kenya Court Gives Interim Win To Adventist Students On Sabbath Observance

In Kenya last July, the Seventh Day Adventist Church's Kenya Union Mission filed suit against the Ministry of Education and 26 schools seeking to have Adventist students excused, for religious reasons, from Friday evening and Saturday classes and exams. Now, as reported by the Adventist News Network (June 3) and Standard Digital News (May 27), a Kenya High Court judge has issued an interim order providing:

All principals, administrators and BoGs of all public high schools be and are hereby restrained from in any manner whatsoever, preventing or impeding SDA students attending the schools in question from conducting worship during the hours between sunset on Friday and sunset on Saturday

Fired Catholic School Teacher Wins Pregnancy Discrimination Suit; Jury Awards $171,000

AP reports that yesterday in Cincinnati, Ohio a federal district court jury ruled in favor of Christa Dias, a former technology coordinator at two Catholic high schools who sued under Title VII claiming pregnancy discrimination after she was fired when she became pregnant through artificial insemination. The jury was faced with the question of whether her termination was based on the Archdiocese's permissible ban on premarital sex, or instead whether she was impermissibly fired because she was pregnant. (See prior posting.) The jury awarded $51,000 in back-pay, $20,000 in compensatory damages and $100,000 in punitive damages against the Archdiocese. The jury did not find that the two schools were liable.

Czech High Court Rejects Challenge To Compensating Religious Groups For Nationalized Property

Last November, the Czech Parliament approved a plan to provide restitution to churches whose property was nationalized after the Communist takeover of Czechoslovakia in 1948. (See prior posting.) Now AP reports that he Czech Republic's Constitutional Court (the country's highest court) yesterday rejected a constitutional challenge to the plan that was brought by the government's left-wing opposition.  Under the controversial plan, 16 religious groups will be paid 59 billion Kč ($3 billion) in compensation over the next 30 years and will also receive 56% of their former property now held by the state - worth 75 billion Kč  ($3.8 billion). As part of the arrangement the government will gradually stop covering church expenses over the next 17 years.

Suit Challenges City's Planned Veterans' Memorial Depicting Religious Symbols

The American Humanist Association announced last week that it has filed a federal court lawsuit challenging Lake Elsinore, California's creation and funding of a memorial to veterans at the city-owned baseball stadium. The approved design for the memorial-- which has not yet been fully installed-- depicts a soldier kneeling before a Christian cross. In the background are several more crosses and a Star of David. The complaint (full text) in American Humanist Association v. City of Lake Elsinore, (CD CA, filed 5/31/2013), alleges violations of the federal  Establishment Clause as well as Article 1, Section 4 and Article 16, Section 5 of the California Constitution.

Israel Will Pay Salaries For Non-Orthodox Communal Rabbis

According to JTA, in Israel last Thursday the Ministry of Religious Services indicated that it is revising its policies so that cities can receive funding for communal rabbis affiliated with the Reform or Masorti (Conservative) movements, not just for Orthodox rabbis. Last year the Israeli government took a similar step for rabbis on regional councils and in farming communities, but it did not apply to larger cities.  (See prior posting.) The most recent decision comes in response to a suit filed in the Israeli Supreme Court by the Reform and Masorti movements arguing that it is discriminatory for the state to employ only Orthodox rabbis in state-funded positions.

Recent Articles of Interest

From SSRN:

• Louis-Philippe Raynault-Ollu & Giacomo Zucchi, Concepts de religion dans le droit: Une étude éclectique des approches juridiques à la définition et au droit à la liberté de religion (The Concepts of Religion in Law: An Eclectic Study of the Juridical Approaches to Define Religion and Religious Freedom), Revue Juridique Thémis (2012-2013) 46 R.J.T.649-677.)
• Sarah E. Hamill, Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie, (March 31, 2012).
• Michael McMillen, Sequelae of the Dow Jones Fatwa and Evolution in Islamic Finance: The Real Estate Investment Example, (New Horizon - Institute of Islamic Banking and Insurance, Forthcoming).
• Mohammad Fadel, Theology, Torture and the United States: Do Abrahamic Religions Have Anything Meaningful to Say?, (The Muslim World. Volume 103, Issue 2, pages 223–228, April 2013).
• Michael McMillen, Islamic Capital Markets: A Selective Introduction, (Who's Who - International Legal, Forthcoming).
• Helen M. Alvare, No Compelling Interest: The 'Birth Control' Mandate and Religious Freedom, (Villanova Law Review, Vol. 58, No. 3, pp. 379-436, 2013).
• Daniel Golebiewski, Open Wide the Doors to Christ: Polish Catholicism Under Communist Rule, (December 22, 2011).
• Andrew M. Koppelman, Judging the Case Against Same-Sex Marriage, (University of Illinois Law Review, Forthcoming).
• Lama Abu-Odeh, Egypt's New Constitution: The Islamist Difference, (Constitutional Secularism in an Age of Religious Revival: the Challenges, Oxford University Press, Forthcoming).

From Academia.edu:

• Niels Valdemar Vinding, Muslim Positions in the Religio-Organisational Fields of Denmark, Germany and England, (University of Copenhagen Thesis, March 1, 2013).

Recent Prisoner Free Exercise Cases

In Sims v. Wegman, 2013 U.S. Dist. LEXIS 76243 (ED CA, May 29, 2013), a California federal magistrate judge dismissed for failure to exhaust administrative remedies a Nation of Islam inmate's complaint that he was not permitted to have the prison's Jewish kosher diet.

In Carmichael v. Geo Group, 2013 U.S. Dist. LEXIS 76281 (ED CA, May 29, 2013), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he could not obtain Halal meat and was denied a transfer to a facility that could accommodate his religious needs.

In Barton v. Snaza, 2013 U.S. Dist. LEXIS 77049 (WD WA, May 31, 2013), a Washington federal magistrate judge ruled that an inmate who alleged that two of his Asatru/Odinist books were confiscated and that he was not therefore able to perform "a sacred worship/ritual/ceremonial rite" had not adequately alleged a free exercise violation. However plaintiff was given an opportunity to file an amended complaint.

In Friedman v. Salt Lake County, (UT App., May 31, 2013), a Utah state appellate court dismissed a Jewish inmate's claim that his free exercise, due process and freedom from involuntary servitude rights were violated while he was a pre-trial detainee.  A jail officer instructed him to clean writing from his cell wall on a Saturday, plaintiff's Sabbath.

Appeals Court Says Negligence Claim Against Assemblies of God District Council In Abuse Case Must Go To Jury

In John Doe 169 v. Brandon, (MN Ct. App., May 28, 2013), a Minnesota state appeals court reversed a trial court's dismissal of a negligence suit filed against the Minnesota District Council of the Assemblies of God Church.  Plaintiff was sexually abused by an ordained minister who was a volunteer in an Assemblies of God youth ministry program. The court held:

Because no showing of a special relationship is required and there is sufficient evidence to permit a jury to conclude that respondent had knowledge of the minister’s history of inappropriate relationships with youth while employed as a youth minister, the record is sufficient to require a jury to consider the issue of foreseeability....

The issue ... is simply whether providing “initial approval” of Brandon’s annual renewal form, when respondent knew about Brandon’s history of inappropriate relationships with male youths, created a situation in which Brandon’s sexual abuse of appellant was foreseeable. This claim does not require consideration of church doctrine, governance, or bylaws. Because appellant’s claim can be considered under neutral principles of negligence law, respondent’s constitutional claim fails.

Southern Baptists To Vote On Recommendation To Cut Ties With Boy Scouts Over Gay Membership Issue

CNN reported Friday that the Southern Baptists at their convention in Houston on June 11-12 will vote on a non-binding resolution urging the denomination's 45,000 congregations to cut their ties with the Boy Scouts after the Scout's recent decision to allow gay youths to be Boy Scout members. Richard Land, head of the Southern Baptists’ Ethics & Religious Liberty Commission, said:

There’s a 100% chance that there will be a resolution about disaffiliation at the convention and a 100% chance that 99% of people will vote for it. Southern Baptists are going to be leaving the Boy Scouts en masse.

Baptist churches sponsor nearly 4000 scout units. Various religious conservatives are looking at forming an alternative group that would continue to deny membership to gays.

President Welcomes Nuns-on-the-Bus Leader Seeking Immigration Reform To White House

On Thursday, according to the White House Blog, President Obama met at the White House with Sister Simone Campbell, the Executive Director of NETWORK, a National Catholic Social Justice organization.  Sister Simone  was in Washington on Day 3 of NETWORK's "Nuns of the Bus" coast-to-coast tour calling for "commonsense immigration reform."

EEOC Sues Trucking Company That Refused To Reassign Muslim Drivers Who Objeced To Alcohol Delivery

Land Line reports on the lawsuit filed May 29 by the EEOC against Illinois-based Star Transport, Inc. (EEOC press release). The suit charges that the trucking company failed to provide a reasonable accommodation of religious beliefs to two Muslim drivers whose employment was terminated when they objected to driving trucks delivering alcohol. The complaint alleges that the company could have avoided assigning these employees to alcohol delivery without undue hardship on the employer. The suit seeks back pay and damages for the drivers, as well as an order barring future discrimination and other relief.

UPDATE: Here is the full text of the complaint in EEOC v. Star Transport, Inc., (CD IL, filed 5/29/2013). [Thanks to Volokh Conspiracy for the link to the complaint.]

3rd Circuit Hears Oral Arguments In Business' Contraceptive Mandate Challenge

As reported by Fox 43 News, on Thursday the U.S. 3rd Circuit Court of Appeals heard oral argument in Conestoga Wood Specialties Corp. v. Sebelius. An audio recording of the full oral arguments are now available. (.wma file). In the case, a Pennsylvania federal district court refused to issue a preliminary injunction against enforcement of the Affordable Care Act’s contraceptive coverage mandate in a suit brought by a small wood specialties manufacturing company and its five Mennonite Christian owners. (See prior posting.) The 3rd Circuit refused to grant a stay pending appeal. (See prior posting.)

Rev. Andrew Greeley Dies

In an extensive review of his life and accomplishments, the Chicago Tribune reports:

The Rev. Andrew Greeley, the outspoken Roman Catholic priest, best-selling novelist and sociologist known for his deeply researched academic appraisals and sometimes scathing critiques of his church, died Wednesday night, several years after fracturing his skull in a freakish fall....

A highly-regarded sociologist, preternaturally prolific author and unabashedly liberal Chicago priest, the Rev. Greeley regularly took his church to task in both his fiction and his scholarly work. His non-fiction books covered topics from Catholic education to Irish history to Jesus' relationships with women.

AU Promotes Church-State Separation With Humorous Celebrity Music Video

Americans United in a press release yesterday announced their petition drive in support of separation of church and state, promoted in a surprising music video by Jane Lynch and Jordan Peele.  The video, aimed at social media, is described by AU:

 Lynch portrays “Church” and Peele portrays “State” as the duo, decked out in cheesy 1970s garb, perform a special song concluding they’re not right for one another and it would be best if they separated for good.

 

Tennessee Appeals Court Says Notice For Meeting On Controversial Mosque's Site Plan Was Adequate

In Fisher v. Rutherford County Regional Planning Commission, (TN App., May 29, 2013), a Tennessee Court of Appeals reversed a trial court's holding that Rutherford County had given inadequate public notice of a meeting which approved the site plan for the controversial Murfreesboro mosque. The court rejected the trial court's conclusion that special notice was required because of the public interest in the mosque's application. The appeals court decision has little practical effect in the actual case since as a result of federal litigation the mosque has been completed and is now in use. The Murfreesboro Post reports on the decision.

Nigerian Parliament Passes Bill To Ban Gay Marriages and Criminalize Gay Advocacy

The Washington Post reports that yesterday Nigeria's House of Representatives passed by voice vote a bill that had been passed by the Senate in 2011 that would ban same-sex marriage ceremonies in any church or mosque. Same-sex couples who marry would face up to 14 years in prison, while anyone who assists them would face a sentence of up to 10 years.  Also under the bill, anyone involved in an organization that advocates for gay rights, or anyone who engages in a "public show" of affection also could face 10 years in prison. It is not clear whether President Goodluck Jonathan will sign the bill.  Britain has threatened to cut off aid to any country that discriminates against gays. If the bill becomes law, it will likely be challenged in court.

Court Says State Civil Rights Commission Has Jurisdiction Over Homeschooling Organization

In Fishers Adolescent Catholic Enrichment Society, Inc. ["FACES"] v. Bridgewater, (IN Ct. App., May 29, 2013), an Indiana appeals court affirmed most of the decision of an administrative law judge in a suit brought by the Indiana Civil Rights Commission against FACES, a non-profit group created to provide enrichment opportunities for home schooled children.  The Civil  Rights Commission became involved when one family complained that FACES refused to make health-related dietary accommodations for their daughter at a masquerade ball sponsored by the organization.  Then the family was expelled from FACES after it filed the civil rights complaint, and they supplemented their complaint with a retaliation claim. (See prior related posting.) FACES argued, among other things, that permitting the state civil rights commission to intervene would constitute religious entanglement in violation of the Establishment Clause. The court disagreed:

Homeschooling and religion are two areas in which people can largely expect to be free of government regulation, and often they are intertwined. Parents have many reasons for choosing to homeschool their children, but a common reason is a desire to provide moral or religious instruction. In this instance, parents make a conscious choice to place themselves outside state authority as it relates to their child’s education.... We are sensitive to this and wary of intruding upon their freedom to do so. And yet we believe that a group—even a religious one—may take certain steps to place itself within the purview of the ICRC in this state. ...

The ICRC inquired into FACES’ accommodation of Alyssa’s dietary needs and retaliatory expulsion of the Bridgewater family. There is simply no religious entanglement issue here—there is no evidence that either of these inquiries resulted in governmental interference with the tenets of the Catholic faith.

The administrative law judge and the court held for plaintiffs only on the retaliation claim. The ALJ ordered in part that the family be reinstated into membership in FACES.  FACES argued that this order is not permissible under the Supreme Court's Hosanna-Tabor ministerial exception decision because it interferes with the group's ministering to one another. The Indiana court disagreed, saying: "This is not an employment case, FACES is not a religious employer, and the ICRC is not ordering FACES to make anyone a minister." The court also rejected FACES' expressive association claim. However it reversed the ALJ's order that the ALJ's decision be posted on all websites on which FACES has communicated information regarding this case.

Judge Bailey wrote a separate opinion concurring in the result, but arguing that the majority in dicta interpreted the Civil Rights Commission's authority too broadly. He said in part:

I do not think the reach of the ICRL extends so far as to encompass a social activity like the Masquerade Ball. Put more simply: I do not think, based upon the language of the ICRL, that the ICRC would have properly had subject matter jurisdiction over the Bridgewaters’ complaint were it not for FACES’s retaliatory conduct.

The Indianapolis Star reports on the decision.

Developments In 2 Ten Commandments Suits

As previously reported, last September the Freedom From Religion Foundation filed suit against the Connellsville, Pennsylvania school district challenging a Ten Commandments monument that has stood near the auditorium entrance of a now-junior high school building for over 50 years. In March, the court denied defendants' motion to dismiss. The Pennsylvania Record reports that last week the court agreed that plaintiffs in the case can proceed anonymously.  Supporters of the monument meanwhile have been active. Yesterday Trib Live reported that they have organized a "Thou Shall Not Move" committee, and have raised funds by sale of Ten Commandments yard signs. The money will be used to put up Ten Commandments stone monuments at 25 local churches that want them.  Meanwhile the committee put up the first of its monuments at the Fraternal Order of Eagles building, recognizing the FOE's role in placing Ten Commandment monuments at public locations around the country decades ago.

In a separate Florida case, a new settlement has been reached in a suit by American Atheists challenging a 5-foot high granite Ten Commandments monument that had been erected in the courtyard of the Bradford County Courthouse. As previously reported, to avoid litigation costs the county directed the Community Men's Fellowship, the group that sponsored the monument, to remove it. However the group refused, and apparently filed its own lawsuit against the county. That led to a mediation conference and all all parties agreeing on an alternative settlement arrangement. (Full text of March 13 mediation report and agreement.) The Ten Commandments monument will remain up, but American Atheists will place next to it a 1,500-pound granite bench engraved with quotations from Thomas Jefferson, Madalyn Murray O’Hair, Benjamin Franklin, and others. The unveiling of the monument is scheduled for June 29. (American Atheists May 29 press release). ABA Journal reports on developments.

Federal Court Dismisses Christian School's Attempt To Enjoin Teachers From Suing For Discrimination

In Family, Life, Faith and Freedom Educational Corporation v. Serrano, (CD CA, May 28, 2013), a California federal district court dismissed a lawsuit that was brought by a private Christian school against two of its teachers and the teachers' attorneys seeking to enjoin them from filing an employment discrimination suit against the school in state court.  The two teachers' contracts were not renewed after they refused too fill out pastoral reference letters and statements of faith to reflect their abilities to be "spiritual leader[s]" in the classroom.  The school claimed that filing the religious discrimination lawsuits against it would violate its rights under the free exercise, establishment and equal protection clauses. The federal district court concluded:

Plaintiff’s entire complaint consists of anticipated defenses to a yet-to- be-filed state court religious discrimination suit, and thus no federal question is raised.

The court found the lawsuit legally baseless and ordered Plaintiff’s counsel
to pay Defendants $14,520 in attorney’s fees as a sanction under Rule 11 of the Federal Rules of Civil Procedure. Thousands Oaks Acorn reports on the decision.

Papua New Guinea Parliament Moves To Stop Violence Against Accused Sorcerers

The New York Times reported yesterday that the Parliament of Papua New Guinea  has taken action to deter the wave of violence, torture and killing that has been directed at individuals accused of sorcery. Parliament voted to repeal the 1971 Sorcery Act and also expanded the death penalty for a number of crimes including rape, robbery and murder. The new law allows execution by lethal injection, asphyxiation, firing squad and electrocution. [Thanks to Scott Mange for the lead.]

Court Tells Black Supremacist Religious Group To Move Its Demonstrations

In Philadelphia last week, a state trial court judge issued a preliminary injunction requiring members of the Black separatist Israelite School of Universal Practical Knowledge (ISUPK) to move their weekly demonstration away from the front of One Liberty Place-- a prominent skyscraper in downtown Philadelphia.  ISUPK is part of the Hebrew Israelite movement and considers African-Americans to be descendants of the 12 Tribes of Israel.  According to The Pennsylvania Record, ISUPK demonstrators were regularly engaging in hate speech against women, whites and gays. The court found that the group's  demonstrations were being conducted on private property. The court said that demonstrators could use a nearby public sidewalk so long as they do not interfere with pedestrian or vehicular traffic.

Supreme Court Review Sought In University's Firing of VP For Op-Ed On Homosexuality

The American Freedom Law Center announced Tuesday that it has filed a petition for certiorari (full text) seeking U.S. Supreme Court review of the 6th Circuit's decision in Dixon v. Jacobs.  In the case, the Court of Appeals held that the University of Toledo (OH) did not violate the 1st Amendment free speech rights of its Associate Vice President for Human Resources when it terminated her because of an op-ed column she wrote expressing her views about homosexuality. (See prior posting.)

California Court Sets Deadline For Release of Orders' Personnel Files On Accused Members

Southern California Public Radio reports that a Los Angeles Superior Court judge yesterday set September 10 as the deadline for 50 independent religious orders in the Los Angeles Catholic Diocese to release personnel files of members who have been accused of abusing children. The release was agreed to in a 2007 settlement of litigation.  The Archdiocese personnel files have already been released, but now files of up to 100 additional priests and brothers will become public.

Canadian Court Upholds City Council Invocations

Canadian Press reports that the Quebec Court of Appeal has upheld the practice of opening city council meetings of the municipality of Saguenay with a non-denominational prayer. The court concluded that the city was not imposing religious views on its citizens, saying that residents were free to leave the meeting during the prayer. In 2011, Quebec's human rights tribunal had ordered an end to the prayers and also had ordered removal of a crucifix that was in city council chambers.  The court, while upholding the prayer, expressed concern over Christian religious symbols in city council chambers, as well as over the attitude of Saguenay's mayor Alain Simoneau who had said that he was pressing the case because he loved Christ and wanted to be able to tell him "I fought for you." The full text of Saguenay v. Mouvement Laique Quebecois (Que. Ct. App., May 27, 2013) is available online in French.

British Christians Denied Appeals To European Court's Grand Chamber

The Guardian reports that the European Court of Human Rights on Monday refused a request to permit an appeal of ECHR Chamber judgments to the Grand Chamber by three British Christians who in January lost their challenge to their employers' refusal to accommodate their religious beliefs. (See prior posting.) The 3 parties who were denied appeals were Shirley Chaplain, a geriatric ward nurse, who was not permitted to wear a necklace displaying a cross; Lillian Ladele, a local registrar who refused on religious grounds to conduct civil partnership ceremonies; and Gary McFarlane, a counselor who expressed Christian religious concern about providing psycho-sexual therapy to same-sex couples.

Australian Court Sets Aside Commercial Ruling of Jewish Religious Court

In Thaler v. Amzalak, (NSW Sup. Ct., May 27, 2013), the Supreme Court of the Australian state of New South Wales set aside an award by a Bet Din (Jewish religious court) in a commercial dispute. The Bet Din had ordered that respondent Benny Amzalak return to petitioner J Thaler $318,000 that Thaler had paid for stock in a company. The stock was never transferred to Thaler. Amzalak, however, argued that he was merely acting as an agent in the transaction for a Mr. Tan. When Amzalak refused to comply with the Bet Din's decisions, two of the 3 rabbis on the Bet Din issued a "Siruv" excommunicating Amzakek until he complied. Amzale appealed the Bet Din's decision to the civil courts.  The Supreme court set aside the award, finding bias and various procedural irregularities in the Bet Din's proceedings. JTA reports on the decision.

Episcopal Parish and Diocese Settle Sex Harassment Charges With EEOC

The EEOC announced last week that a settlement has been reached in its sexual harassment suit against Grace Episcopal Church of Whitestone, Inc., a parish of the Episcopal Diocese of Long Island. The church will pay $192,000 to settle charges that an interim rector at the church subjected two female employees-- a secretary and a sexton-- to unwelcome advances, sexual remarks, kissing and groping, and fired the secretary who resisted the advances. The consent decree also requires other steps to prevent and monitor sexual harassment, including furnishing church and diocese employees and all churches within the diocese with copies of revised policies on sexual harassment.

NY Archdiocese Has Been Paying Indirectly For Employee Health Care Contraceptive Coverage

The New York Times reported Sunday that despite the leadership of New York's Cardinal Timothy Dolan in the fight against requiring religious organizations to cover contraceptive services in their health plans, the New York Archdiocese has been quietly, but reluctantly, indirectly paying for contraceptive coverage for thousands of its unionized employees for over a decade. ArchCare, the Catholic Health Care System, belongs to the League of Voluntary Hospitals and Homes, a multi-employer organization that negotiates on health care coverage with the unions representing its members' workers. ArchCare's workers belong to 1199 SEIU United Health Care Workers East and get the same health care coverage as employees of over 100 other nonprofit nursing homes and hospitals in the New York area. ArchCare pays approximately 25% of each employee's base pay into the union's National Benefits Fund.  That fund pays for employees' insurance.

City Officials Denied Attorneys' Fees Despite Plaintiffs' Dismissal of Establishment Clause Challenge

In Arneson v. Grebien, (D RI, May 22, 2013), a Rhode Island federal district court refused to award attorney' fees to Pawtucket, Rhode Island officials who were successful in avoiding liability in a second lawsuit that was brought by city homeowners and taxpayers challenging under the Establishment Clause (as well as on other grounds) the city's policy of allowing Catholic schools to use publicly owned athletic fields without charge. Plaintiffs ultimately voluntarily dismissed their lawsuit, though not for some time after the city prevailed in another lawsuit raising similar, but not identical challenges. (See prior posting.) Nevertheless, the court concluded that the prevailing defendants did not meet the extremely high standard imposed in order to obtain a fee award under 42 USC 1988.

President Nominates Feldblum For Another Term on EEOC

Last week President Obama sent to the U.S. Senate the nomination of Chai Rachel Feldblum for another term on the U.S. Equal Employment Opportunity Commission. The nomination is for a term ending July 1, 2018.  (White House press release). Feldblum's current term expires on July 1 of this year. The The EEOC enforces federal employment discrimination laws, including those that ban religious discrimination in employment. Feldblum's initial nomination in 2009 was controversial among conservative Christian groups. (See prior posting.)

New Zealand Pro-Family Organization Appeals Its Deregistration By Charities Board

In New Zealand today, the organization Family First announced that it is filing an appeal with the High Court challenging the decision of New Zealand's  Charities Registration Board to deregister the organization as a charity.  The Charities Registration Board announced earlier this month that Family First, which promotes a traditional definition of marriage and family, does not meet the charitable purposes requirement set out in the Charities Act 2005. The Board explained:

The Board’s position is that Family First's main purpose is to promote particular points of view about family life.  Under the Act promotion of a controversial point of view is a political purpose.

In making its decision the Board determined that Family First does not advance religion or education, nor promote a benefit to all New Zealanders as determined by the Act.

ONE News, reporting on the decision to file the lawsuit, quotes the head of Family First who says that the government's decision is highly politicized.

Recent Articles of Interest

From SSRN:

• Lorin C. Geitner, Social Architecture and the Law: Law, Through the Lens of Religion, (May 10, 2013).
• Joseph E. David, Dwelling within the Law: Nahmanides’ Legal Theology, (Oxford Journal of Law and Religion, (2013), pp. 1–21).
• Thmas C. Berg, Secular Purpose, Accommodations, and Why Religion is Special (Enough), (80 U. Chicago L. Rev. Dialogue 24 (2013)).
• Brian Sheets, Papers or Plastic: The Difficulty in Protecting Native Spiritual Identity, (Lewis & Clark Law Review, Vol. 17, No. 2, 2013).
• Joseph E. David, The Notion of Tolerable Error from the Mishnah to Maimonides, (Toleration within Judaism (The Littman Library of Jewish Civilization, 2013)).
• Thomas C. Berg, Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate, (Journal of Contemporary Legal Issues, Forthcoming).
• Justin Roth Muehlmeyer, Toward a New Age of Consumer Access Rights: Creating Space in the Public Accommodation for the LGBT Community, Cardozo Journal of Law and Gender, Forthcoming.
• Noemi Gal-Or, Let's Debate: State and Religious Freedoms in Canadian Democracy, (Journal of Parliamentary and Political Law/Revue de droit parlementaire et politique, VII (2), (2013, Forthcoming)).
• James E. Fleming  and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues, (Harvard University Press, 2013).
• Louis-Philippe Raynault-Ollu, Sunday Observance Laws in North America (February 20, 2012).

From SmartCILP:

• Jacob E. Dean, "Do You Have That New Church App for Your iPhone?"--Making the Case for a Clearer and Broader Definition of Church Under the Internal Revenue Code, [LEXIS link], 46 Creighton Law Review 173-206 (2013).
• Radwa S. Elsaman and Ahmed Eldakak, Is the Middle East Moving toward Islamism After the Arab Spring? The Case Study of the Egyptian Commercial and Financial Laws, 12 Richmond Journal of Global Law & Business 1-22 (2012).

As Memorial Day Approaches, Some Attention Returns To Veterans' Grave Markers

As Memorial Day approaches (Presidential Proclamation), at least some attention has been focused on the "emblems of belief" that are available to be placed on government-furnished headstones or markers for veterans.  The Department of Veterans Affairs furnishes at government expense a headstone or marker for deceased veterans, or in some cases a medallion to be placed on a privately purchased headstone. (National Cemetery Administration release.) (38 CFR Sec. 38.630).  Some 56 different emblems are currently approved. (National Cemetery Administration listing.) If an emblem representing a deceased veteran's religious beliefs is not currently available, the next of kin may apply for an emblem to be added representing those beliefs.  Earlier this month, at least some in the blogosphere reported on the May 2 addition of Thor's Hammer to the list of approved emblems (The Wild Hunt blog), indicating that a campaign for adding it began after the 2007 addition of the Pentacle. (The Wild Hunt blog.) It appears that 18 belief emblems have been added since 2007, including an emblem for the Unification Church also added in May. Here is the National Cemetery Administration's statement on criteria for approving a new emblem:

An emblem of belief for inscription on a Government headstone or marker is an emblem or symbol that represents the sincerely held belief of the decedent that constituted a religion or the functional equivalent of religion and was believed and/or accepted as true by that individual during his or her life. The belief represented by an emblem need not be associated with or endorsed by a group or organization.

Emblems of belief for inscription on Government headstones and markers do not include social, cultural, ethnic, civic, fraternal, trade, commercial, political, professional or military emblems. VA will not inscribe any emblem on a headstone or marker that would have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation. Emblems that would not be permitted include (but are not limited to), emblems that contain explicit or graphic depictions or descriptions of sexual organs or sexual activities that are shocking, titillating, or pandering in nature; and emblems that display coarse or abusive language or images.

[Thanks to God and Country blog for the lead.]

Recent Prisoner Free Exercise Cases

In Gonzalez v. Governor of State of Washington, (9th Cir., May 22, 2013), the 9th Circuit dismissed under the Rooker-Feldman doctrine an inmate's claim that state court judges violated his free exercise rights by refusing to transfer his case to an ecclesiastical tribunal.

In Phillips v. Toliver, 2013 U.S. Dist. LEXIS 71337 (ED CA, May 20, 2013), a California federal magistrate judge permitted a Muslim inmate to proceed against the jail chaplain under RLUIPA complaining about denial of Friday Jum'ah congregational prayer time.  He was given leave to amend his complaint to add other individuals as defendants.

In Furnace v. Giurbino, 2013 U.S. Dist. LEXIS 71357 (ED CA, May 17, 2013), a California federal magistrate judge recommended dismissing on collateral estoppel grounds a suit by an inmate who practices Shetaut Neter that he was not furnished a Kemetic diet.  Plaintiff was permitted to move ahead with some of his claims based on denial of necessary religious items.

In Al-Ameen v. Kilby Correctional Facility, 2013 U.S. Dist. LEXIS 70272 (MD AL, May 17, 2013), an Alabama federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 71549, April 3, 2013) and dismissed on statute of limitations grounds an inmate's objections to an officer's refusal to process him into a facility without his furnishing his commitment name, in addition to his religious name.

In Taylor v. Cook County, 2013 U.S. Dist. LEXIS 72890 (ND IL, May 23, 2013), an Illinois federal district court dismissed on various procedural and substantive grounds and inmate's complaint that he was prevented from attending communal Islamic prayer services for the first two months he was in the Cook County Jail, that the jail does not serve Halal meats, and that he was not allowed to observe his Ramadan fast.

In Holtz v. Karr, 2013 U.S. Dist. LEXIS 74014 (WD WA, May 24, 2013), a Washington federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 74091, April 23, 2013) and ordered that plaintiff file an amended complaint supporting his claim that Christian prisoners are provided a sponsor and religious services, while Muslim and other prisoners are not.

In Dowdy-El v. Caruso, 2013 U.S. Dist. LEXIS 73612 (ED MI, May 24, 2013), a Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 188171 (July 24, 2012) and allowed a class action to proceed by Muslim inmates challenging provision of a halal diet and the impact of the work-release program on ability to attend Friday afternoon Jum'ah prayer services. The court entered judgment (without class certification) requiring plaintiffs be able to participate in Eid feasts when they have conflicting work detail.

Hawaii Appeals Court Rejects Free Exercise Defense To Marijuana Charges

In State of Hawai's v. Harris, (HI App., May 20, 2013), the Hawaii Intermediate Court of Appeals rejected a free exercise of religion defense raised by the president of Sacred Truth Mission church to drug charges.  A greenhouse next to the church contained 60 marijuana plants. Defendant Nancy Harris said she is a Rastafarian who uses marijuana for religious purposes. The court also rejected Harris' privacy, equal protection and void-for-vagueness defenses.

Greece Appoints Chaplains To Teach Qur'an In Greek In Thracian Schools and Mosques

OnIslam reports today that in Greece the government-- in a controversial move-- has appointed 90 chaplains to teach the Qur’an in Greek to minority children at mosques and state schools in Western Thrace.  About one-third of Western Thrace's population is Muslim.  Most are of Turkish origin. Others are Pomaks and Romas. The chaplains appointed must be Greek citizens and members of the minority group they are teaching. This follows passage last January of the so-called "240 Imams Law" which provides officials serving in Western Thracian mosques will be appointed by a board of 5 persons including Christian Greek citizens. The law was strongly opposed by the Turkish minority, who were not consulted in its drafting.

Activist Alton Lemon, of "Lemon Test" Fame, Dies At 84

The New York Times reports today on the death earlier this month of Alton T. Lemon, first-named plaintiff in the famous 1971 Supreme Court case of Lemon v. Kurtzman. Lemon was a civil rights activist who objected to state aid to parochial schools. He was the first African-American president of the Ethical Humanist Society of Philadelphia. The lawsuit which developed the test generally used to decide Establishment clause cases was brought by six religious, civil rights and educational groups and two other taxpayers as well. Mr. Lemon, who was 84 years old when he died on May 4, was a graduate of Morehouse College and the University of Pennsylvania. He served in the army and later worked in a series of government jobs.  He was also active in the NAACP and the ACLU.

Full 10th Circuit Hears Oral Arguments In Hobby Lobby Case

Yesterday, in the most prominent of the many cases filed by small businesses challenging the Affordable Care Act contraceptive coverage mandate, an 8-judge en banc panel of the U.S. 10th Circuit Court of Appeals heard arguments in  Hobby Lobby Stores Inc. v. Sebelius. In an unusual procedure the court previously decided to hear the case en banc without it first being heard by a 3-judge panel. (See prior posting.) While the 10th Circuit does not make audio recordings of oral arguments available, AP reported on the arguments.  Hobby Lobby's attorney, citing the Supreme Court's Citizen's United case, argued that corporations have protected religious liberty rights. He said that Hobby Lobby is a "profit-making company, yes, but also a ministry."  The Justice Department argued: "If you make an exemption for the employer, it comes at the expense of the employee" who is unable to get health care coverage.

Muslim School Can Maintain RLUIPA Substantial Burden and Establishment Clause Claims

Muslim Community Association of Ann Arbor v. Pittsfield Charter Township, (ED MI, May 22, 2013), is a suit by a pre-K -12 Islamic school challenging the refusal of a township board to approve a rezoning request to allow it to use property it purchased for a new school and community center. Plaintiff claimed that the rezoning denial was motivated in part by anti-Muslim sentiment. The court dismissed plaintiff's RLUIPA limitations and exclusion claim, its free exercise, freedom of speech and association, and 14th Amendment claims and comparable claims under the Michigan constitution However it permitted plaintiff to move ahead with its RLUIPA discrimination and substantial burden claims and its Establishment Clause claim against defendants in their individual capacities.

Catholic Religious Order Reaches $16.5 Million Bankruptcy Settlement With Abuse Victims

Today's Chicago Tribune reports that a Catholic religious order now in Chapter 11 bankruptcy proceedings-- the Edmund Rice Christian Brothers North American Province-- has agreed to a $16.5 million settlement with 400 priest sexual abuse claimants nationwide.  The order also agreed to enforce a zero-tolerance policy for brothers accused of sexual abuse. Earlier this month, frustrated with the inability to reach a settlement in bankruptcy court, 31 Chicago men who were victims of abuse by members of the Order filed suit in state court. (See prior posting.)

Boy Scouts Approve Membership For Gays

The Boy Scouts of America announced that its National Council has approved a Membership Standards Resolution removing the restriction on gays becoming scout members. However the ban on gays serving as scout leaders remains.  Yesterday's BSA press release said:

Today, following this review, the most comprehensive listening exercise in Scouting's history the approximate 1,400 voting members of the Boy Scouts of America's National Council approved a resolution to remove the restriction denying membership to youth on the basis of sexual orientation alone. The resolution also reinforces that Scouting is a youth program, and any sexual conduct, whether heterosexual or homosexual, by youth of Scouting age is contrary to the virtues of Scouting. A change to the current membership policy for adult leaders was not under consideration; thus, the policy for adults remains in place. The BSA thanks all the national voting members who participated in this process and vote.

According to AP, some 61% of the members of the National Council who cast a ballot voted in favor of the Resolution. In a Points of Clarification memo, the Scouts say:

Some have asserted that the proposed change for youth runs counter to values of and raises concerns among Scouting's religious chartered organizations. We are unaware of any major religious chartered organization that believes a youth member simply stating he or she is attracted to the same sex, but not engaging in sexual activity, should make him or her unwelcome in their congregation.

In a statement issued last month, the Mormon Church-- the largest sponsor of scout troops in the country-- indicated its approval of the Scouts' new approach. But other denominations are split on the issue. (See prior posting.)  Southern Baptist leaders have expressed strong opposition to the change. Scout membership standards still require scouts to "subscribe to and abide by the precepts of the Declaration of Religious Principle (duty to God)."

Houston Police Sued By Street Preacher

On Wednesday the Thomas More Law Center announced that it has filed a federal civil rights action on behalf of a Houston, Texas Christian street preacher who was arrested three different by Houston police. According to the press release:

[David] Allen’s three arrests occurred while he was preaching the Gospel message against the sins of abortion, homosexuality, and adultery on public sidewalks in Houston, Texas.  His preaching included donning a wool prayer shawl called a “Tallit” and sounding a ram’s horn known as a “Shofar”.

The complaint (full text) in  Allen v. City of Houston, (SD TX, filed 5/15, 2013) alleges violation of plaintiff's free exercise, free speech, and 4th Amendment rights. The Examiner reports on the lawsuit.

Court Reconsiders Ripeness Holding In Affordable Care Act Case

In March, a Pennsylvania federal district court dismissed on ripeness grounds a challenge to the Affordable Care Act contraceptive coverage mandate brought by the religiously-sponsored Geneva College. (See prior posting.) Now, however, in Geneva College v. Sebelius, (WD PA, May 8, 2013) the court has granted Geneva College's motion for reconsideration and decided the case is ripe because of the short time frame it has to negotiate the terms of student health insurance plans for the coming academic year. The court said:

Geneva’s ability to negotiate is fundamentally impacted by the final rules and the proposed rules, none of which alleviate its religious objections to the mandate. Geneva cannot, therefore, simply carry on as though nothing will happen.

Then the court went on to deny the government's motion to dismiss free exercise, RFRA and Administrative Procedure Act claims, but did dismiss without prejudice Establishment Clause and free speech claims. It dismissed with prejudice plaintiffs' due process claims. In making these rulings the court relied largely on its opinion in March relating to claims of a private business and its owners, all of whom were co-plaintiffs with Geneva College. IFA Webnews reported yesterday on the decision.

Pussy Riot Band Member Denied Parole After She Goes On Hunger Strike

Reuters and The Guardian reported yesterday that in Russia, Pussy Riot punk rock band member Maria Alyokhina who is serving a two-year jail sentence for the group's anti-Putin  protest performance in Moscow's Christ the Savior Cathedral (see prior posting) has now gone on a hunger strike.  She is protesting a court's refusal to allow her to be personally present at her parole hearing. She was only allowed to attend by video link, and had to file all motions by fax. In protest she also barred her lawyers from representing her further during the hearing. According to Radio Free Europe, the parole hearing resumed today, with a court-appointed lawyer representing Alyokhina. The court, in the Russian town of Berezniki then denied her parole request.

Faith Healing Couple Charged With 3rd Degree Murder In Death of Second Child

UPI reports that in Philadelphia, prosecutors yesterday charged Catherine and Herbert Schaible with third degree murder in the faith healing death of their 7-month old son who died of bacterial pneumonia and dehydration. (See prior posting.)  The charges came after the medical examiner ruled Tuesday that the death was a homicide. The couple had previously been convicted of manslaughter and sentenced to 10 years' probation in the death of another of their children for whom they failed to seek medical treatment. The couple belong to the First Century Gospel Church which teaches that illness is to be healed through prayer.

7th Circuit Hears Oral Arguments In 2 Contraceptive Coverage Mandate Cases

The U.S. 7th Circuit Court of Appeals yesterday heard oral arguments in two cases challenging the Affordable Care Act contraceptive coverage mandate.  One was Korte v. U.S. Department of Health and Human Services (Audio of the full oral argument).  In the case, an Illinois federal district court denied a preliminary injunction sought by a for-profit construction business and its controlling shareholders in a free exercise challenge to the contraceptive coverage mandate under the Affordable Care Act.  (See prior posting.) The 7th Circuit then issued an injunction preventing enforcement while the appeal was pending. (See prior posting.) Reporting on yesterday's arguments, the Chicago Tribune said:

[I]n an unexpected twist ... the lawyer for the U.S. government argued that accommodating the business owners' religious beliefs could violate the First Amendment as well.... Alisa Klein, an attorney for the U.S. Department of Justice, said allowing a company to impose a religious framework on a diverse workforce would amount to fostering or enabling religious practice.

The second case argued yesterday was Grote v. Sebelius. (Audio of the full oral argument.) In the case an Indiana federal district court refused to grant a preliminary injunction to a for-profit business that manufactures vehicle safety systems and its Catholic owners who claim that their religious liberty rights are infringed by the mandate. (See prior posting.) The 7th Circuit in this case also issued an injunction preventing enforcement while the appeal is pending. (See prior posting.)

Arizona State Legislator Objects To Invocation Delivered By Atheist House Member

AP today reports on an unusual controversy in Arizona over the opening prayer offered by one member of the state House of Representatives.  Members of the House rotate in offering the invocation. On Tuesday it was Rep. Juan Mendez's turn.  With members of the Secular Coalition for Arizona in the visitor's gallery, Mendez, an atheist, asked House members not to bow their heads but to instead look around at each other "sharing together this extraordinary experience of being alive and of dedicating ourselves to working toward improving the lives of the people of our state." The next day, Rep. Steve Smith complained that Mendez's remarks did not qualify as a prayer. He asked other House members to join him in a second prayer in repentance for there not being one the prior day. Smith said that Mendez's remarks were analogous to someone leading the Pledge of Allegiance by  pledging "I love England."

Texas Legislature Passes Bill On Winter Holidays In Schools

On Monday, the Texas legislature gave final passage and sent to the governor for his signature HB 308 that attempts to protect public schools' teaching about Christmas and Hanukkah.  The bill provides:

(a) A school district may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations, including: (1)"Merry Christmas"; (2)"Happy Hanukkah"; and (3)"happy holidays."

(b) Except as provided by Subsection (c), a school district may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of: (1) more than one religion; or (2) one religion and at least one secular scene or symbol.

(c) A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.

National Post reports on the bill's passage.

Arizona Legislature Gives Final Passage Expansion of Sate RFRA; 2 Other Bills Near Final Legislative Action

In Arizona yesterday, the state Senate gave final passage, and sent to the Governor for her signature, SB 1178, which significantly expands Arizona's Religious Freedom Restoration Act. The bill allows a person whose religious exercise "is likely to be burdened" to sue because of the impending violation, without waiting for the infringement to actually occur.  The bill also allows RFRA to be asserted whenever state action burdens religion, even if the state is not a party to the litigation. The Center for Arizona Policy has additional background information on the bill. AP reports on the Senate's action on SB 1178, as well as on two other bills that are nearing final passage-- HB 2446 (bill status and text) that expands the property tax exemption to cover certain vacant land held by churches for expansion, and HB 2645 (bill status and text) that exempts church pre-schools from the requirements of unemployment compensation tax.

British Court Orders Mosque To Vacate Site and Remove Buildings

Today's Newham Recorder reports on the series of events that has led a High Court judge in Britain to order the Abbey Mills Mosque in the London borough of Newham to stop using a former chemical works site as a place of worship, and to remove all buildings used for worship at the site, dig up an existing parking lot and remove all debris. The Anjuman-E-Islahul-Mislimeen Trust bought the site in 1996, and since then it has gone through a process of unauthorized development. The site is currently used by 3,000 worshipers.  Previously an enforcement order gave the Trust two years to bring the site into conformity with the Newham Borough Council's planning policy.  In response, the Trust asked the Council for permission to build a larger permanent mosque with capacity of 9,000. Council refused that request, and the refusal is now on appeal.  In the meantime, the court, ruling that the Trust had failed to meet its obligations, has issued the injunction to vacate the site.