New Limitations Window In Minnesota Has Generated 18 Clergy Abuse Cases

Yesterday's Huffington Post reports that 18 lawsuits have been filed against Catholic clergy in Minnesota since the enactment in May of this year of HF 681 that creates a 3-year window for previously time-barred cases alleging sexual abuse of a minor. A number of these cases also include the archdiocese as a defendant. Prospectively, the new law eliminates any limitation period for suits against individuals who sexually abuse minors, while suits claiming vicarious liability for the abuse must be brought before the victim reaches 24 years of age.

Italian Magazine Claims NSA Intercepted Vatican Communications; NSA Denies Targeting Vatican

As reported by the Huffington Post and Reuters, the Italian magazine Panorama claimed in an article (full text in Italian) on Wednesday that the U.S. National Security Agency's communications intercepts included internal communications at the Vatican and phone calls at the Domus Sanctae Marthae where cardinals lived during the Papal conclave that selected Pope Francis. It says that calls may have been intercepted up to the start of the Conclave.  The magazine also charges that calls about this year's election of the new president of the Vatican Bank were monitored. A Vatican spokesman said: "We don’t know anything about this, and in any case we don’t have any concerns about it." The NSA said that it "does not target the Vatican" and Panorama's claims that it did "are not true."

7th Circuit: Rejection Of Bible Camp's Zoning Requests Did Not Violate RLUIPA or Constitution

In Eagle Cove Camp & Conference Center v. Town of Woodboro, Wisconsin, (7th Cir., Oct. 30, 2013), the U.S. 7th Circuit Court of Appeals rejected challenges to county land use regulations which prohibit plaintiff from operating a year-round Bible camp on residentially zoned property.  Eagle Cove argued that the regulations violate several portions of the Religious Land Use and Institutionalized Persons Act, as well as the 1st and 14th Amendments and the Wisconsin constitution. In rejecting Eagle Cove's RLUIPA "total exclusion" claim, the court held that whatever may be the case as to the Town of Woodboro, there was not total exclusion of recreational camps from the larger area of Oneida County which had ultimate jurisdiction over the zoning request.  More generally, the court said:

RLUIPA is meant to protect religious freedoms from impermissible land use regulations, it is not meant to allow religious exercise to circumvent facially-neutral zoning regulations.

Halloween Still Raises Church-State Concerns In Some Schools

Today is Halloween.  Earlier this week, AP reported on upset parents in some Pennsylvania school districts where Halloween celebrations had been cancelled or scaled back. Schools that have cut back on Halloween cite church-state issues as only one factor.  Some parents object to what they see as religious overtones of witches, demons and ghosts.  But schools are also concerned about security in light of the recent spate of school shootings.  Costumes might disguise a shooter, or parties at which parents are welcome might make schools more accessible to outsiders who pose a danger.  Some schools are also concerned about Halloween cutting into traditional instruction time.  For those who are interested in exploring the mixed origins of Halloween at greater length, the Boston Globe last week reviewed seven books that delve into the topic at great length.

State Legislators Ask Governor To Hold Bill On Tax Exemption for Yeshiva

In New York, the Assembly and Senate sponsors of a bill (S 5658 / A7750) to allow an Orthodox Jewish elementary school in Ramapo to apply retroactively for a property tax exemption are now asking Gov. Andrew Cuomo not to sign the bill.  Yesterday's Lower Hudson Journal News reports that Assemblywoman Ellen Jaffee and state Sen. David Carlucci are having second thoughts because the school is operating in violation of the zoning code and lacks a permanent certificate of occupancy. The school is holding its classes in an converted single-family house and two classroom trailers. The tax exemption bill was passed in June by the state Senate by a vote of 60-3 and by the Assembly by a vote of  136-4.

Missouri Supreme Court Upholds Denial of Survivor Benefits To Patrolman's Same-Sex Partner

The Missouri Supreme Court, in a 5-2 decision this week, upheld the denial of survivor benefits to the same-sex partner of a deceased highway patrolman. In Glossip v. Missouri Department of Transportation, (MO Sup. Ct., Oct. 29, 2013), the court held that since plaintiffs were not challenging the state's constitutional ban on same-sex marriage, the issue is merely whether distinguishing between married and unmarried couples is permissible. The court held that it is; the survivor benefit statute passes "rational basis" scrutiny. Judges Teitelman and Draper dissented, arguing that the survivor benefit statutes intentionally discriminate against gay men and lesbians in violation of the constitutional guarantee of equal protection. Riverfront Times reports on the decision.

British Judge Traces Change In Role of Religion In Family Courts

British media are giving significant coverage to Tuesday's address by a senior judge, Sir James Munby, president of the Family Division, to a Law Society Conference. His remarks, titled Law Morality and Religion in the Family Courts, trace changes in the role judges assign to religion:

In recent years we have witnessed enormous changes in the social and religious life of  our country. A century ago, a judge could pray in aid the Church of England’s Book of Common Prayer as an appropriate statement of the public policy to be applied by the courts. Today we live in a largely secular society which, insofar as it remains religious at all, is now increasingly diverse in religious affiliation. 

At the same time as the judges have – rightly – abandoned their pretensions to be the guardians of public morality Christian clerics have, by and large, moderated their claims to speak as the defining voices of morality and of the law of marriage and the family.

Delivery Man Wins $900,000 Damages For Anti-Semitic Harassment

The New York Post reports that yesterday a jury in a New York federal district court awarded $900,000 in damages to restaurant delivery man Adam Wiercinski who, the jury found, was the target of virulent anti-Semitic harassment by three supervisors at the restaurant where he worked for 16 years.  However the court also directed that the transcript of the trial be forwarded to the U.S. Attorney's Office because it showed that between 2000 and 2008, Wiercinski was receiving Social Security disability payments while also collecting his full delivery job pay under a fictitious name.

Saudis Release Blogger After 20 Months In Prison

Yesterday Saudi Arabia freed 24-year-old Hamza Kashgari after he served 20 months in prison over a series of Tweets he posted expressing conflicting feelings about the Prophet Muhammad.  After threats from religious conservatives over the Tweets when they appeared, Kashgari had fled the country.  However he was extradited by Malaysian authorities when Saudi King Abdullah bin Abdulaziz al Saud ordered his arrest. (See prior posting.) The Wall Street Journal reports that after his release yesterday Kashgari quickly opened a new Twitter account. In a press release, the U.S. Commission on International Religious Freedom reacted to the release, saying:

While Hamza Kashgari’s release is a step in the right direction, he never should have been detained in the first place.  

USCIRF urges the Saudi government to take the next step and release online editor Raif Badawi and writer Turki al-Hamad. Badawi was unjustly convicted in July and sentenced to seven years in prison for insulting Islam and al-Hamad has been in detained without charge since December 2012 after reportedly publishing a series of tweets calling for the reform of Islamist teachings.

USCIRF further urges the Saudi government to end state prosecution of individuals charged with blasphemy and apostasy. Laws that punish expression deemed blasphemous, defamatory, or insulting to religion are incompatible with international human rights standards and exacerbate religious intolerance, discrimination and violence.”

Former International Religious Freedom Ambassador Discusses Reason For Her Resignation

Religion News Service on Monday followed up on the resignation earlier this month (see prior posting) of U.S. Ambassador-at-Large for International Religious Freedom Suzan Johnson Cook.  According to RNS, Cook resigned because she is unable to adequately help her sons with the cost of their college educations on her government salary. She plans to pursue speaking, consulting and is looking to sit on corporate boards.  Those interviewed about Cook's 30-month tenure had mixed reviews of her effectiveness.

Law Faculty Union Supporters Say Their $666 Raises Were Intended To Brand Them As the Antichrist

An Unfair Labor Practice Charge (full text of complaint) has been filed with the State of Ohio Employment Relations Board by the Cleveland State University AAUP which represents the University's law school faculty. As reported by TaxProf Blog on Oct. 29, the complaint (originally filed in August) charges that the law school dean retaliated against nearly all faculty who assisted with union organizing efforts by giving them merit raises of either $0 or only $666.  In a memo, one of the union organizers charged:

[The $666 figure] is a universally understood symbol of the Antichrist or Devil -- one of our culture's most violent religious images. Implicitly, but unmistakably and obviously intentionally, [the Dean] used his powers to set faculty salaries as an occasion to brand his perceived opponents as the Antichrist.

The University says that the $666 figure was the result of mathematical division, not of anti-union animus.  [Corrected as to filing date.]  [Thanks to Joe Slater via Facebook for the lead.] 

UPDATE: The University has released its Oct.8 response (full text) to the AAUP charges, and the AAUP on Oct. 31 issued a press release in reply.

Kerry Issues Statement Marking Oct. 27 As International Religious Freedom Day

Last Sunday, Oct. 27, was International Religious Freedom Day.  Secretary of State John Kerry issued a press statement on Sunday marking the day, saying in part:

The freedom of religion is a priority for President Obama, as it is for me as Secretary of State, because it is essential to human dignity and individual liberty, and it remains an integral part of our global diplomatic engagement.

We call on the international community – governments, civil society, and citizens alike – to speak out against religious persecution, and to stand unequivocally for religious freedom.

We do so humbly, knowing that our own journey as Americans was not without challenge, that the Pilgrims who fled across the ocean to escape religious persecution and landed in my home state of Massachusetts, would soon witness congregations break away and found Connecticut and Rhode Island in search of their own freedom to worship.

We also know that centuries later, we would see Catholics persecuted simply for being who they were and believing what they believed. But even as we are humble about the challenges of our history, we are proud that no place has ever welcomed so many different faiths to worship so freely as here in the United States of America.

Recent Prisoner Free Exercise Cases

In Guy v. Mims, 2013 U.S. Dist. LEXIS 150358 (ED CA, Oct. 18, 2013), a California federal magistrate judge allowed an Orthodox Jewish inmate to proceed with his complaint that it took 147 days before he was furnished with kosher meals.

In Phillips v. Palmer, 2013 U.S. Dist. LEXIS 152643 (ND IA, Oct. 23, 2013), an Iowa federal district court permitted plaintiff who is civilly detained as a sexually violent predator to move ahead with his general claim that he has been denied religious materials and recognition of the religion of his choice.

In Mack v. Yost, 2013 U.S. Dist. LEXIS 152713 (WD PA, Oct. 24, 2013), a Pennsylvania federal district court dismissed a damage claim by a Muslim inmate who alleged religious harassment in the course of his commissary job.

In Borkholder v. Lemmon, 2013 U.S. Dist. LEXIS 153249 (ND IN, Oct. 24, 2013), an Indiana federal district court, in an opinion whose language is unusually sympathetic to an inmate's religious claims, enjoined prison authorities from revoking plaintiff's religiously motivated vegan diet merely because he purchased chicken-flavored ramen noodles from the prison commissary. The inmate says he discards the meat flavoring packets and eats only the noodles.  The commissary does not offer a vegetarian noodle option.

In Artis v. New Jersey Department of Corrections, 2013 N.J. Super. Unpub. LEXIS 2580 (NJ App., Oct. 25, 2013), a New Jersey state appellate court affirmed the decision of the Department of Corrections to respond to a civilly committed inmate's complaint and allow Special Treatment Unit inmates from two buildings to attend religious classes and services together.  The court held that the inmate's claims regarding joint choir and choir practices need to be clarified if he wishes to pursue them further.

In Israel, Knesset Passes Controversial Law Loosening Regulation of Jewish Wedding Ceremonies

In Israel yesterday, the Knesset voted 57- 14 (with one abstention) to  give final passage to the so-called "Tzohar bill" which loosens the control of the country's Chief Rabbinate over who conducts Jewish wedding ceremonies. As reported by the Jerusalem Post, the new law allows a couple to open a marriage registration file with the local rabbinate of any district or city in Israel, rather than requiring the marriage be registered in the locality where the bride or groom lives. The legislation was supported by Tzohar,  an organization of 600 national-religious Orthodox rabbis who say that many of their members have been precluded from obtaining licenses to perform marriages. In areas where Tzohar rabbis can perform ceremonies, they have set up more user-friendly systems.

Tzohar says that the haredi religious establishment wants to protect weddings as a source of income for rabbis who are approved by the Chief- Rabbinate and who often illegally charge couples for performing weddings. The Chief Rabbinate says that the new system will make marriage registrations unreliable and lead to inadvertent marriages that are not permitted by Jewish religious law.

State of Alabama Joins Non-Profit Organization In Challenge To Contraceptive Mandate

Yesterday, EWTN, a non-profit Catholic radio and television network, filed suit challenging the Affordable Care Act contraceptive coverage mandate. Like a number of other religious non-profits, it had filed an earlier challenge that was dismissed on ripeness grounds (see prior posting), and now that the final rules applicable to non-profits have been issued is refiling.  It contends that the final rules still require it to become involved in finding a third party that will furnish contraceptive coverage to its employees.

The lawsuit also has a new element to it--  the State of Alabama (where EWTN is primarily located) has joined as plaintiff.  The complaint (full text) in Eternal Word Television Network, Inc. v. Sebelius, (SD AL, filed 10/28/2013) alleges that:

In November 2012, the people of Alabama voted to adopt an amendment to the Alabama Constitution to prohibit any person or employer, such as EWTN, from being compelled to participate in a health care system.... If lawful, the Mandate would displace Alabama’s regulatory choice and strike a new and different balance between the cost and availability of health insurance.

Becket Fund issued a press release announcing the filing of the lawsuit.

Recent Articles of Interest

From SSRN:

• Patrick M. Garry, Distorting the Establishment Clause Into an Individual Dissenter’s Right, (7 Charleston Law Review, Fall 2012).
• Andrew B. Kartchner, Corporate Free Exercise: A Survey of Supreme Court Cases Applied to a Novel Question, (Regent J. L. & Pub. Pol'y, Volume 6, Issue 2 (2014), Forthcoming).
• Kenneth Einar Himma, What's So Damn Special About Religion, Anyway? (Review Essay of Brian Leiter, Why Tolerate Religion? ), (Law and Philosophy, Forthcoming).
• Patrick McKinley Brennan, Resisting the Grand Coalition in Favor of the Status Quo by Giving Full Scope to the Libertas Ecclesiae, (Freedom and the Moral Law: Proceedings from the Convention of the Fellowship of Catholic Scholars, 2013).
• Patrick McKinley Brennan, The Liberty of the Church: Source, Scope, and Scandal, (Journal of Contemporary Legal issues, Forthcoming).
• Roberta Rosenthal Kwall, Response to Zadoff on Kwall, (Cardozo Law Review De Novo, p. 264, 2013).
• Leonid Sirota, Storm and Havoc: The Rule of Law and Religious Exemptions, (47 Revue Juridique Thémis de l'Université de Montréal 247 (2013)).

From SSRN- Foreign and Islamic Law:

• Tamir Moustafa, Liberal Rights versus Islamic Law? The Construction of a Binary in Malaysian Politics, (Law & Society Review, vol. 47: 771-802 (2013)).
• Moamen Gouda, Stealing More Is Better? An Economic Analysis of Islamic Law of Theft, (April 24, 2013).
• Mikhail Antonov & Ekaterina Samokhina, The Reasoning of Russian Courts in Cases Connected with the Protection of Religious Feelings, (Higher School of Economics Research Paper No. WP BRP 26/LAW/2013, Oct. 2013).
• Daniel Augenstein, Normative Fault-Lines of Transnational Human Rights Jurisprudence: National Pride and Religious Prejudice in the European Legal Space, (October 11, 2013).
• Yuksel Sezgin, The Impact of State-Enforced Personal Status Laws on Human Rights (Chapter 3 in Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India, Cambridge University Press, 2013).

From SmartCILP:

• Benjamin Shmueli,  Civil Actions for Acts that Are Valid According to Religious Family Law but Harm Women’s Rights: Legal Pluralism in Cases of Collision Between Two Sets of Laws, 46 Vanderbilt Journal of Transnational Law 823 (2013).

Employee Lacks Standing To Challenge Contraceptive Coverage Mandate

In Wieland v. U.S. Department of Health and Human Services, (ED MO, Oct. 16, 2013), a Missouri federal district court denied a temporary restraining order to a Missouri state employee and his wife who claim that the Affordable Care Act contraceptive coverage mandate forces them to violate their religious opposition to contraception, sterilization, and abortifacients by mandating that their group health insurance policy make these services available to their daughters who are covered by the policy.  The court held that plaintiffs lack standing to sue because they did not allege a sufficient connection between the injury they claim and action by HHS, the only defendant.  Here, any injury was caused by the State of Missouri and its health insurer, and if an injunction were issued barring enforcement of the mandate, the state could still refuse to offer its employees a health plan that excludes contraception and abortion. (See prior related posting.) [Thanks to Tom Rutledge for the lead.]

Recent Prisoner Free Exercise Cases

In Taylor v. United States, (Ct. Fed. Cl., Oct 25, 2013), the United States Court of Federal Claims dismissed for lack of jurisdiction a claim for damages and injunctive relief brought by an inmate serving a life sentence who claimed his rights were violated when USCIS refused to allow him to renounce his citizenship for religious reasons. USCIS says citizenship can only be renounced when an individual is outside the country.

In Montgomery v. Fondren, 2013 U.S. Dist. LEXIS 147934 (ND AL, Oct. 15, 2013), an Alabama federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 148212, Sept. 4, 2013) and dismissed an inmate's complaints that his request to see a Volunteer Faith Group Leader andview religious programming were denied,  and that he was placed in disciplinary segregation for preaching even though he received permission from the other prisoners to do so.

In Pannell v. Baserap, 2013 U.S. Dist. LEXIS 147858 (ED VA, Oct. 10, 2013), a Virginia federal district court dismissed a complaint by a Muslim inmate that he was prohibited from conducting Jum'ah services in Arabic because of a prison rule that only English may be spoken in unsupervised cross-housing unit meetings.

In Trebas v. County of Fresno, 2013 U.S. Dist. LEXIS 148436 (ED CA, Oct. 11, 2013), a California federal magistrate judge dismissed, with leave to amend, a complaint by a state hospital civil detainee that his free exercise rights were infringed when authorities refused his request for religious accommodation of single room housing.

In Hall v. Hehl, 2013 U.S.Dist. LEXIS 148852 (D NC, Oct. 16, 2013), a North Carolina federal district court dismissed for failure to exhaust administrative remedies a claim by a Native American inmate that the handling of his religious property violated his free exercise rights.

In Sharrieff v. Moore, 2013 U.S. Dist. LEXIS 150320 (MD PA, Oct. 18, 2013) a Pennsylvania federal district court permitted a Nation of Islam inmate to move ahead with a number of his claims growing out of the alleged denial to him of  religious services and annual December fasting accommodations.

In Muhammad v. Shearin, 2013 U.S. Dist. LEXIS 149276 (D MD, Oct. 17, 2013), a Maryland federal district court dismissed a Nation of Islam inmate's 1st Amendment and RLUIPA challenges to the prison's refusal to recognize for some purposes plaintiff's court approved religious name change.  However plaintiff was permitted to move ahead with his due process challenge.

In Cottriel v. Jones, 2013 U.S. Dist. LEXIS 150601 (WD OK, Oct. 21, 2013), an Oklahoma federal district court ordered the Oklahoma Department of Corrections to respond within 14 days to an Orthodox Jewish inmate's suit to hold authorities in contempt for not fully complying with a 2006 injunction ordering them to provide plaintiff with a kosher diet.

In Barfell v. Winnebago County Jail, 2013 U.S. Dist. LEXIS 150941 (ED WI, Oct. 21, 2013), a Wisconsin federal district court rejected an inmate's complaint that while in segregation he was not permitted to attend church services or Bible study, since he could watch church services on TV and meet with the chaplain for individual Bible study.

In Porter v. Biter, 2013 U.S. Dist. LEXIS 149748 (ED CA, Oct. 16, 2013), a California federal magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that he was not permitted to change his name to comply with his religious beliefs.  Plaintiff did not allege that he was prohibited from using his religious name along with his committed name.

Formal Ethics Charges Filed Against Magistrate Who Rejected "Messiah" As Child's Name

On Wednesday, the Tennessee Board of Judicial Conduct filed formal charges (full text) against Child Support Magistrate Lu Ann Ballew who insisted that parents change their child's first name from "Messiah" to "Martin.", even though the only name issue in the case related to the child's last name.  Ballew gave as the reason that Messiah is a title held only by Jesus Christ. (See prior posting.)  The charges claim that Ballew violated rules requiring judges to promote confidence in the judiciary and avoid bias and prejudice based, among other things, on religion.  Reuters reports on developments. (See prior related posting.)

Egypt's Constitution Drafting Committee Remains Split Over Language On Country's Religious Identity

Asharq Al-Awsat reported yesterday that Egypt's 50-member constitution drafting committee remains split over several issues relating to Egypt's religious identity. According to a drafting committee member, Egypt's Coptic Christian community is concerned about Article 2 of the current Egyptian constitution that provides: “The state’s religion is Islam, its language is Arabic, and Islamic Shari’a is the source of its legislation.”  However Al-Azhar wants the provision to remain in order to defend Egypt's Islamic identity.

Also at issue is Article 219 provides: "The principles of Islamic Shari’a include its commonly accepted interpretations, its fundamental and jurisprudential rules, and its widely considered sources, as stated by the schools of Sunna and Gamaa."...  Liberals and secularists object to this provision, while the Salafist Al-Nour Party wants it to remain in the constitution.

Article 3 of the current constitution provides that "the canon principles of the People of the Book [Jews, Christians and Muslims] are the main source of legislation for their [respective] personal status laws, religious affairs and the selection of their spiritual leaders."  Disagreement continues over the wording of this clause. Egypt’s Coptic, Orthodox and Evangelical churches want "People of the Book" to be changed to "non-Muslims," while Al-Azhar and the Al-Nour Party want it to refer to "Christians and Jews." Al-Azhar is concerned that the broader-term "non-Muslims" would open the country to exploitation by other religions and sects.

Court Rejects Minister's Challenge To Social Security Number On Driver's License Application

In Carmichael v. Sebelius, (ED VA, Oct. 23, 2013), a Virginia federal district court dismissed a suit by a Christian minister challenging the federal requirement that states record an individual's social security number on his or her driver's license application as a condition of the state receiving federal funds for child support enforcement efforts.  Plaintiff David Carmichael believes that the social security number is the number of the Beast referred to in the Book of Revelation.  Therefore he has been attempting in lawsuits, first at the state level and then in federal court, to disassociate his identity from his social security number.  Among other things, the court held that there had not been a violation of Carmichael's religious liberty protected by the 1st Amendment and RFRA, saying in part:

Carmichael fails to allege a substantial burden on his religion from the SSN requirement. Indeed, Carmichael seems to allege only burdens on his secular life, such as his ability to drive his car....

The court also rejected Carmichael's 10th Amendment attack on the social security number requirement, and dismissed claims against state officials on the basis of the Rooker-Feldman doctrine and the doctrine of res judicata.

Air Force Academy Says "So Help Me God" Will Be Optional In Cadet Honor Oath

At the U.S. Air Force Academy, a Cadet Honor Oath is administered to all the cadets when they are formally accepted into the wing at the conclusion of Basic Cadet Training. The Honor Oath reads:

We will not lie, steal or cheat, nor tolerate among us anyone who does. Furthermore, I resolve to do my duty and to live honorably, so help me God.

The U.S. Air Force Academy announced yesterday that it is making the final clause of the Oath optional, "in the spirit of determining a way ahead that enables all to be true to their beliefs."  As reported by CNN, the change was made after a complaint was filed by the Military Religious Freedom Foundation.

When the Honor Oath was instituted, its last clause was patterned on the same clause in the Commissioning Oath.  In August, the Air Force revised it policies so that officer trainees now have the option of taking a secular Commissioning Oath. (See prior posting.)

Obama Names 3 To Holocaust Memorial Council

President Obama yesterday appointed three individuals to five-year terms on the 55-member Holocaust Memorial Council.  The new members, according to JTA, are Elisa Spungen Bildner, a New Jerssey business CEO who has held leadership positions in several Jewish organizations;  John Farahi, a Nevada casino CEO and founder of a Jewish day school; and Dana Perlman, vice president of the Los Angeles City Planning Commission and co-chair of the Democratic National Committee LGBT Leadership Council.

Ukrainian Appeals Court Rejects Jewish Community's Claim To Former Synagogue Building

In the Ukraine, the Odessa Administrative Court of Appeals earlier this month reversed a decision of the Balta District Court and rejected the claim of the Balta Jewish community to an abandoned building that once housed the 100-year old Savranskaya synagogue. According to a JTA report yesterday, the Jewish community paid 2500 rubles for construction of the building in 1903. However it stopped being used as a synagogue during the Holocaust years. The building was turned into apartments by the Soviet government, and subsequently Ukrtelecom, the Ukrainian national telecommunications operator, began to use the building and kept it after it was privatized in 2003.

Two Christian Colleges Sue Over Contraceptive Coverage Mandate

Dordt College, a Sioux City, Iowa college affiliated with the Christian Reformed Church, and the historically-Baptist Grand Rapids, Michigan based Cornerstone University on Wednesday filed suit in an Iowa federal district court.  The lawsuit, like numerous similar ones, challenges on religious liberty grounds the portion of the Affordable Care Act contraceptive coverage mandate that requires the schools' employee health insurance plans to cover contraceptives that the schools consider to be abortifacients. According to a Cornerstone press release and FAQ  document, both schools are being represented without cost by Alliance Defending Freedom. MLive reports on the lawsuit.

UPDATE: Here is the full text of the complaint in Dordt College v. Sebelius, (ND IA, filed 10/23/2013).

Description of Radical Islam In Indictment Does Not Violate Defendant's Religious Freedom

United States v. Bary, (SD NY, Oct. 23, 2013), is a criminal prosecution against Kahlid Al Fawwaz and Adel Abdel Bary for, among other things, conspiring with Osama Bin Laden to kill Americans abroad in embassy bombings in African countries.  Bary challenged language in his indictment that says al Qaeda regarded the United States as an infidel because the U.S. is "not governed in a manner consistent with the group's extremist interpretation of Islam." Defendant argued that this language in the indictment violates the Establishment Clause and Free Exercise Clause:

[u]nder the First Amendment of the Constitution, the Government does not have the right to decide what forms of religion are "normal" versus "extreme." . . . . The Government's labeling of the defendant's belief in Islam as "extremist" is disapproving of and infringes on Mr. Abdel Bary's religious freedoms.

The court rejected this argument as "unpersuasive."

Britain's Prince George Baptized

In London yesterday, Prince George, third in line to the British throne, was christened in a ceremony attended by 22 invited guests.  As reported by CNN and People, the baptism into the Church of England took place in Chapel Royal at St James Palace.  The 3-month old baby was baptized by Most Rev. Justin Welby, the Archbishop of Canterbury, with water from the Jordan River using a silver font that has been used for every royal christening since 1841. The prince has 7 godparents.

6th Circuit Denies Small Business Challenge To Contraceptive Mandate

In Eden Foods, Inc. v. Sebelius, (6th Cir., Oct. 24, 2013), the U.S. 6th Circuit Court of Appeals denied a preliminary injunction to a for-profit natural foods corporation and its Catholic owners who claim that the contraceptive coverage mandate under the Affordable Care Act violates their free exercise rights as protected by the Religious Freedom Restoration Act.  The court held that circuit's prior decision in Autocam Corp. v. Sebelius (see prior posting) creates binding precedent for the circuit. In that case the court held that the coverage mandate's burden falls on the corporation, and that the business' owners lack standing to assert free exercise claims on behalf of the corporation.  Insofar as a claim by the corporation itself, the court in Autocam concluded that a for-profit corporation is not a person capable of religious exercise under RFRA. MLive reports on the decision.

Convictions Reversed After Prosecutor's Comments on Shariah Law

In Sate of Oregon v. Farokhrany, (OR App., Oct. 23, 2013), the Oregon Court of Appeals held that the trial court should have given a curative instruction after comments by the prosecutor in the trial of an Iranian Muslim defendant charged with use of cocaine with two high schoolers and the sexual groping of one of them.  As described by the court:

During voir dire, the prosecutor engaged potential jurors in a discussion about their views regarding the prosecution calling only one witness to prove a fact. The prosecutor contrasted for the potential jurors a scenario that he asserted "was out of either Iran or Saudi Arabia" where an alleged rape victim was required to produce five male witnesses to prove the rape. One juror purported to correct the prosecutor, stating that the prosecutor was describing Sharia law, a religious law, not the legal system of a country.

Explaining its reversal of defendant's convictions, the appeals court said:

because one likely effect of the prosecutor's comments was to suggest to jurors that men from countries that follow Sharia law feel free to commit sexual offenses as long as the necessary number of male witnesses are not present, it was incumbent on the trial court to neutralize the likely effect of the prosecutor's comments and remind the jurors that appeals to social, ethnic, or religious bias could not substitute for reason and evidence.

Blogtown reports on the decision.

Devotionals For President Obama By the Former White House Faith Based Office Head Criticized

The publication this week of Joshua Dubois, The President's Devotional, has created something of a controversy.  Dubois is former head of the White House Office of Faith-Based and Neighborhood Partnerships, and the book is a compilation of 365 of the short Daily Devotionals (each including a Bible passage and prayer) that Dubois sent to President Obama each morning. Obama has said he found the devotional messages meaningful. Time Magazine this week says:

Sending the president a daily Christian reflection is not part of the White House Faith-Based director’s job description, and the devotional is already receiving pushback. “It seems quite inappropriate for the faith-based director to be composing prayers and Bible lessons on the government dime,” Maggie Garrett, legislative director for Americans United, says. “And it is especially true when there was really important work to be done, such as reforming the faith-based initiative rules.”

But spirituality is big business in America, and that type of criticism does not concern Dubois. He says he had the idea for the book about six months before he left the White House, but the actual compiling started after he left. He explains that while he did spend about an hour to an hour and a half every day writing the emails while he worked in the White House, he always did so on his own time. “I definitely did it before work or on the weekends and stuff like that,” he explains, clarifying that he usually sent them from his personal and not White House email address.

Reporting Not Required For Information On Abuse Learned By Priest During Confession

In Parents of Minor Child v. Charlet, (LA App., Oct. 21, 2013), a Louisiana appellate court held that a Catholic priest is not required to report information to authorities regarding the sexual abuse of a minor that the priest learned through confession in the Sacrament of Reconciliation. Nor is there a cause of action against a priest for negligent advice given during the Sacrament. The court held further that there is no private right of action against a mandatory reporter for failure to report child sexual abuse.  The reporting statute is enforceable only through criminal prosecution.  Justice Kuhn filed a separate concurring opinion.

Oklahoma Indian Tribe Issuing Marriage Licenses To Same-Sex Couples Where One Is Tribal Member

While Oklahoma's state constitution bars same-sex marriage, according to yesterday's Tulsa World the Cheyenne and Arapaho Tribes have issued marriage licenses to three same-sex couples in the last year.  Indian tribes are not subject to state law, and the Cheyenne and Arapaho Tribal Code does not mention gender in its provisions for issuing marriage licenses.  A license can be issued, however, only if at least one of the partners is a tribal member.

New Shariah Penal Code Coming Into Effect In Brunei

AFP reports that yesterday the Sultan of Brunei announced that a new Shariah Penal Code will come into force in stages beginning next April. Brunei already has a dual set of courts, with Shariah courts handling primarily marital and inheritance issues. The new Penal Code, which only applies to Muslims in the country (70% of the population),  will, according to one expert, likely be applied "very, very softly," even though it includes death by stoning as the punishment for adultery.

Washington High Court Hears Arguments On Whether State Law Requires Religious Accommodation

The Washington state Supreme Court yesterday heard oral arguments (summary and video of full arguments) in Kumar v. Gate Gourmet, Inc. At issue is whether the Washington Law Against Discrimination requires employers to accommodate employees' religious practices. The suit was brought by four employees of a company that prepares meals for airline passengers. Plaintiffs, including a Hindu, Muslim and Orthodox Christian, claim that the lunch options served to them violate their religious beliefs because the company sometimes puts meat products in the vegetarian dish or pork in the meat dish offered to workers.  Employees for security reasons cannot bring their own lunches or go off-site for food.

Southern Baptists Pull Back From Political Fray

Today's Wall Street Journal carries a front-page feature story on Russell Moore who earlier this year took over leadership and changed the emphasis of the Ethics and Religious Liberty Commission of the Southern Baptist Convention. According to the Journal:

[A]fter more than three decades of activism, many in the religious right are stepping back from the front lines. Mr. Moore, a 42-year-old political independent and theologian ... says it is time to tone down the rhetoric and pull back from the political fray, given what he calls a "visceral recoil" among younger evangelicals to the culture wars.

 "We are involved in the political process, but we must always be wary of being co-opted by it," Mr. Moore said....

Church Seeks Supreme Court Review of Town's Sign Ordinance

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Reed v. Town of Gilbert.  In the case, 9th Circuit Court of Appeals, in a 2-1 decision, upheld an Arizona town's sign ordinance that limits the size, number and time frame in which non-profit groups can display temporary directional signs.  The ordinance was challenged by a church that placed 17 signs in the area around its place of worship announcing the time and location of its services.(See prior posting.)  An ADF press release announced the filing of the petition for review.

British Tribunal Requires Conscience Exemption From Online VAT Filing

In Blackburn v. Commissioners for Her Majesty's Revenue & Customs, (UKFTT, Oct. 2, 2013), Britain's first Tier Tribunal ruled that British tax authorities should have granted an exemption from the requirement to make VAT filings online to a Seventh Day Adventist Couple who operated a beekeeping business. They must be allowed to file a paper return instead. Graham and Abigail Blackburn do not use computers, the Internet, TV or mobile phones because of their personal religious beliefs that these devices seduce people away from righteousness, even though the Seventh Day Adventist Church does not ban their use.  The Tribunal judge concluded that the requirement in Sec. 3 of the Human Rights Act requiring legislation to be read in a way that is compatible with the European Convention on Human Rights requires the grant of an exemption.  Failure to do so would infringe the Blackburns' right under Sec. 9(1) of the ECHR to freely manifest their religion or beliefs. BBC News reported on the decision yesterday.

New Jersey Governor Drops Appeal of Same-Sex Marriage Decision

AP reports that yesterday New Jersey Governor Chris Christie announced that he is dropping the state's appeal in Garden State Equality v. Dow, a case in which a trial court extended the right to marry to same-sex couples in New Jersey. The governor's decision comes after Friday's decision by the New Jersey Supreme Court refusing to stay the trial court's opinion pending appeal. (See prior posting.) Christie said he was dropping the appeal because the Supreme Court's opinion denying a stay made it clear that the Court agreed with the trial court's decision.

Former Kansas AG Sanctioned By State Supreme Court Over Abortion Clinic Investigations

The Kansas Supreme Court last week imposed an indefinite suspension of the right to practice law on former state attorney general Phillip Kline for 11 violations of the rules of professional conduct in his investigation of abortion clinics while he served as Attorney General and for his role with a citizen-requested grand jury while he served as Johnson County District Attorney. In In re Phillip Dean Kline, (KA Sup. Ct., Oct. 18, 2013), the Supreme Court, in a 154-page opinion, concluded:

The violations we have found are significant and numerous, and Kline's inability or refusal to acknowledge or address their significance is particularly troubling in light of his service as the chief prosecuting attorney for this State and its most populous county. 

 Ultimately, we unanimously conclude the weight of the aggravating factors—i.e., Kline's inability or refusal to acknowledge the line between overzealous advocacy and operating within the bounds of the law and his professional obligations; his selfish motives; and his lengthy and substantial pattern of misconduct—weigh more heavily than the mitigating factors and merit his indefinite suspension.

Five of the Supreme Court's seven justices disqualified themselves in the case and lower court judges were appointed to hear the case in their place. National Law Journal, reporting on the decision, says that Kline is currently on the faculty of Liberty University School of Law in Lynchburg, Virginia. He can petition for readmission in Kansas in three years.

New Zealand Rights Tribunal Upholds Church's Exclusion of Man From Clergy Because of Same-Sex Relationship

In Gay and Lesbian Clergy Anti-Discrimination Society, Inc. v. Bishop of Aukland, (NZ Human Rts. Rev. Trib., Oct, 17, 2013), the New Zealand Human Rights Review Tribunal rejected a claim by a man seeking to enter the ordained ministry of the Anglican Church that his rejection violated the New Zealand Human Rights Act 1993.  The Bishop of Auckland refused to allow Eugene Sisneros to enter the preliminary discernment process because Sisneros was in an unmarried same-sex relationship.  Sisneros claimed that this amounted to illegal discrimination on the basis of marital status and sexual orientation.  The Tribunal held, however, that the exception in Sec. 39(1) of the Act precluded the discrimination claim. Sec. 39(1) provides that:

Nothing in section 38 shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion.

In concluding that the exemption applied, the Tribunal said:

it is clear that the purpose of s 39(1) was (in the present context) to preserve the institutional autonomy of organised religions in relation to their decisions concerning the appointment of clergy and ministers. The plaintiff’s interpretation would entirely negate that purpose. The Anglican Church would be required to ordain priests who taught that the right ordering of sexual relationships can only occur within a Christian marriage (defined by the Formularies as a physical and spiritual union of a man and a woman) but who themselves did not “live” that doctrine.  Ministers would not be exemplars, nor would they be bound by submission to the Constitution of the Church or by their declaration of allegiance to its doctrine and Formularies. This would undermine in the most fundamental way the religious autonomy of the Church, its right to be selective about those who will serve as the very embodiment of its message and its voice to the faithful.

Last Friday's New Zealand Herald reported on the decision.  [Thanks to Eric Rassbach for the lead.]

Accommodating Muslim Workers' Prayer Times Created Undue Hardship In Beef Plant

In EEOC v. JBS USA, LLC, (D NE, Oct. 11, 2013), a Nebraska federal district court held that a beef processing plant need not accommodate the prayer practice of Somali Muslim employees because doing so would impose "undue hardship." Granting unscheduled prayer breaks would have impacted safety, efficiency and morale of other employees.  Rescheduling the meal break during Ramadan to coincide with sunset prayer time created problems with sanitizing the plant and impinged on other employees. Lexology reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Dutch Appeals Court Holds Church of Scientology Is Tax Exempt

In the Netherlands last week, the Amsterdam Court of Tax Appeals reversed a lower court decision and held that the Church of Scientology qualifies as a Public Benefit Organization (ANBI) which is generally tax exempt and can receive tax deductible gifts. As reported by Dutch News and a Scientology press release, the lower court had held that the organization did not qualify because it charges for its auditing and training programs. However the appeals court concluded that Scientology's activities are religious and ideological in nature, and other churches also charge for training. Unlike commercial establishments, Scientology gives the training at a reduced fee or free to those who cannot afford them otherwise.  The full text of the decision in Scientology Kerk Amsterdam v. de inspecteur van de Belastingdienst, (Amsterdam Ct., Oct. 17, 2013) is available online in Dutch. [Thanks to Tom Rutledge for the lead.]

Op-Ed Says Europe's Concern About Male Ritual Circumcision Is Not Anti-Semitic

Haaretz yesterday carried an interesting opinion piece by James McDonald titled Europe's Shudder at Circumcision. He argues that the recent resolution by the Council of Europe's Parliamentary Assembly questioning male circumcision performed for religious reasons (see prior posting) should not be seen as a reflection of anti-Semitism. Instead, he argues, it reflects Europe's "continued disposition towards cultural imperialism" in a society in which male circumcision is much more unusual than in the United States.

Recent Articles of Interest

From SSRN:

• Charles Becker, Windsor's Push Toward Universal Interstate Recognition of Same-Sex Marriages, (September 20, 2013).
• Hamid Harasani, Accommodating Two Worlds, (April 2013).
• Raini Hassan, Hanna Ambaras Khan, Imad Fakhri Al Shaikhli, & Nora Abdul Hak, Setting-Up a Sulh-Based, Community Mediation-Type of Online Dispute Resolution (ODR) in Malaysia, (May 27, 2013).
• Selim Serbes, Critiques and Suggestions as to Construction and Approach Regarding Islamic Law Clauses in the Contracts; Two Case Illustrations in Common Law, (May 15, 2013).
• Adis Duderija, Neo-Traditional Salafis in the West: Agents of (Self)-Exclusion, (in Samina Yasmeen, Muslims in the West and Social Exclusion, Ashgate, 2014, Forthcoming).

USCIRF Urges President To Raise Religious Freedom Issues With Pakistan Prime Minister

Pakistani Prime Minister Nawaz Sharif arrives in Washington today for a 4-day visit to the United States. Voice of America reports that he will meet with Secretary of State Kerry today and President Obama on Wednesday.  In a press release on Friday, the U.S. Commission on International Religious Freedom urged Obama "to raise concerns about the dire religious freedom situation in Pakistan, with both Muslims and religious minorities consistently confronting violence or jail."  In July, USCIRF issued a special report on targeted violence against minority religious communities in Pakistan, particularly against Shi'ite Muslims. (See prior posting.)

FFRF Head Interviewed

The Madison (WI) Capital Times today published an interview with Annie Laurie Gaylor, co-founder and co-president of the Freedom From Religion Foundation.  She says that the Foundation is constructing an adjoining building that will quadruple the square footage of its office space. It has 13 permanent staff employees. Asked "What is the biggest misconception about FFRF?", Gayor responded:

Maybe that we’re trying to take religion away from individuals. Or that somehow if you are working to keep government neutral, that’s attacking religion. There’s this idea that religion is good, therefore why wouldn't government want to promote something good? I think it’s a myth that all religion is good, but even if it were, that’s not the place of government. Government is supposed to be neutral. It should not make up people’s minds. It’s not majority rule when it comes to matters of personal conscience. Some of this is the fault of our school system that we don’t do enough with civics lessons. People can grow up in this county with this great Bill of Rights and freedom and not understand it. That’s dismaying.

Increasingly British Inmates Are Being Bullied Into Converting To Islam

Sky News reports today that in Britain, increasing numbers of prison inmates are being bullied into converting to Islam. The Prison Officers Association says this is a result of the growing influence of Muslim gangs in British prisons. Some victims have been terrorized by the gangs.  But there is also concern that some of the converts could become radicalized. 13% of Britain's prison population is Muslim

Recent Prisoner Free Exercise Cases

In Sanchez v. Earls, (8th Cir., Oct. 16, 2013), the 8th Circuit dismissed an inmate's complaint that he was not allowed to possess his crucifix and chain because it was valued at over $100.

In Nance v. Miser, 2013 U.S. Dist. LEXIS 144714 (D AZ, Oct. 7, 2013), an Arizona federal district court held that a Muslim inmate can move forward on his claim that he was denied a Halal diet with meat, and on his claim for damages for delay in granting him a shaving waiver.

In Ind v. Colorado Department of Corrections, 2013 U.S. Dist. LEXIS 146717 (D CO, Oct. 10, 2013), a Colorado federal district court allowed an inmate who is a member of the Christian Separatist faith to move ahead with his claim that his religious freedom is infringed by restrictions on books, magazines and correspondence courses for prisoners in administrative segregation, and with his claim that he was classified as a member of a security threat group because of his religion.

In Shaw v. Hall, 2013 U.S. Dist. LEXIS 145860  (MD GA, Oct. 9, 2013), a Georgia federal district court permitted a Muslim inmate to amend his complaint to pursue claims arising after the suit was originally filed involving denial of meals and medication before daylight during Ramadan. The court rejected defendants' claim that these cannot be raised because administrative remedies were not exhausted before the original filing of the lawsuit.

In Finn v. Medlin, 2013 U.S. Dist. LEXIS 145361 (SD GA, Oct. 8, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 145912, July 25, 2013) and dismissed an inmate's challenge to a rule barring insulin dependent diabetics from living in the faith-based dorm.

In LaPlante v. Lovelace, 2013 U.S. Dist. LEXIS 145870 (WD MI, Oct. 9, 2013), a Michigan federal district court allowed an inmate to move ahead with a claim that his free exercise rights were infringed when he was not allowed to attend church services because of a no-contact order between him and another inmate, and a challenge to the jail's rule against receiving books, including a Bible, through the mail.

In Ford v. Bureau of Prisons, 2013 U.S. Dist. LEXIS 147524 (MD PA, Oct. 11, 2013), a Pennsylvania federal district court dismissed a complaint by a Nation of Islam inmate that no break fast meals were provided on certain NOI holidays and that other impediments were placed in the way of practicing his religion.

In Jackson v. Keith, 2013 U.S. Dist. LEXIS 146441 (WD LA, Oct. 9, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 146443, June 3, 2013) and dismissed an inmate's complaint regarding delays and a cancellation of call-outs for the Islamic Community of Winnfield.

In Clark v. Tucker, 2013 U.S. Dist. LEXIS 147572 (MD FL, Oct. 11, 2013), a Florida federal district court dismissed with leave to amend an inmate's complaint that he was placed in confinement for four weeks without any clothes for speaking in tongues.

Cert. Denied In Monks' Victory Over Restrictive Rules Limiting Sale of Caskets

Last Tuesday, the U.S. Supreme Court denied review in Castille v. St. Joseph Abbey, (Docket No. 13-91, certiorari denied 10/15/2013). (Order List.) In the case, the U.S. 5th Circuit held unconstitutional rules issued by the Louisiana State Board of Embalmers and Funeral Directors that only allow funeral homes to sell caskets. The law was challenged by a group of Benedictine monks who make and sell wooden caskets at prices significantly lower than offered by funeral homes. (See prior posting.) The Baton Rouge Advocate yesterday reported on the Court's action.

New York Mayoral Candidate Criticized For Breach of Customs In Orthodox Jewish Neighborhood

New York City Republican mayoral candidate Joe Lhota is being criticized for his lack of familiarity with Orthodox Jewish customs during campaign stops this week in Brooklyn's Boro Park neighborhood.  According to Haaretz yesterday, in a stop at a small Orthodox synagogue, Lhota had female staffers among those who walked  with him into an ongoing sex-segregated prayer service.  Subsequently at a kosher soup kitchen, Lhota twice tried to shake hands with Orthodox Jewish women whose beliefs preclude physical contact with men other than their husband.  Lhota's Democratic opponent in the mayoral race, Bill de Blasio, said:  "I find it perplexing that he would have organized an event in a situation women wouldn’t have access to."

New Jersey Supreme Court Refuses Stay of Decision Allowing Same-Sex Marriage

The New Jersey Supreme Court yesterday denied a stay of a trial court's decision (see prior posting) extending the right to marry to same-sex couples. Before this decision, New Jersey law allowed same-sex couples to enter civil unions, but not to marry.  Beginning Monday they will now be able to marry.  In Garden State Equality v. Dow, (NJ Sup. Ct., Oct. 18, 2013), the state Supreme Court held unanimously that the state had not shown a reasonable probability of success on the merits in its appeal, saying:

The State's statutory scheme effectively denies committed same-sex partners in New Jersey the ability to receive federal benefits now afforded to married partners.

Bergen County Record reports on the decision.

French Constitutional Council Rejects Mayors' Attempt To Avoid Performing Same-Sex Marriages

France's Constitutional Council, its highest constitutional tribunal, today rejected claims by seven mayors that their freedom of conscience is violated by imposing on them an obligation to perform same-sex marriages.  According to Reuters, French law requires all couples to be married in civil ceremonies conducted by mayors or their deputies, after which the couples may also have a religious ceremony. After several mayors announced they would not perform same-sex marriages, the Interior Minister issued a memo warning them that they risked five years in jail or a 7,500€ fine. Here is the full text (in French) of today's decision in M. Frank M. et autres, (Const. Counc., Oct. 18, 2013) rejecting the mayors' complaint that no conscience clause was included in France's same sex marriage law enacted last May.  It is expected that the case will be appealed to the European Court of Human Rights.  [Thanks to Scott Mange for the lead.]

Oregon Will Recognize Out-of-State Same Sex Marriages For Purposes Of Tax and Benefit Laws

In Oregon, an Oct. 16 opinion of the Deputy Attorney General (full text) concludes that state agencies can and should recognize same-sex marriages validly performed in other states, for purposes of administering tax laws and benefit programs. Oregon permits same-sex domestic partnerships, and under the Oregon Family Fairness Act, domestic partners are entitled to the same benefits as married couples.  This week's opinion allows similar treatment for couples not registered as domestic partners in Oregon but validly married elsewhere, despite Oregon's state constitutional provision (Art. XV, Sec. 5a) prohibiting same-sex marriage. The opinion concludes that construing the constitutional provision to prohibit the recognition of out-of-state same-sex marriages would likely violate the federal constitution. BuzzFeed discusses the opinion and reprints a memo from the state Department of Administrative Services to state agency directors directing that "Oregon agencies must recognize all out-of-state marriages for the purposes of administering state programs." [Thanks to Dale Carpenter at Volokh Conspiracy for the lead.]

U.S. Ambassador-At-Large For International Religious Freedom Resigns

World reports that U.S. Ambassador-at-Large for International Religious Freedom Suzan Johnson Cook has resigned.  Wednesday was her last day at the U.S. State Department. Here is World's assessment of Cook's tenure:

[O]verall Cook left little impression among religious freedom advocates. She came to the position with a background as a pastor, with no diplomatic experience, and never seemed to embrace that diplomatic role for herself. While religious freedoms, especially in the Middle East, have spiraled downward in the last couple years, Cook did little publicly in the way of advocacy beyond presenting annual reports on violations.

[Thanks to Blog From the Capital for the lead.]

Camp Counselor Seeks To Withdraw Guilty Plea In Sex Assault Case, Claiming Pressure From Orthodox Jewish Community Led To Plea

In Toms River, New Jersey yesterday, a state Superior Court judge heard testimony in connection with the motion by former Orthodox Jewish camp counselor Yosef Kolko to withdraw his guilty plea to charges of sexual assault against a boy when the boy was 11 and 12 years old.  According to the Asbury Park Press, Kolko claims he was the target of a campaign in the Lakewood (NJ) Orthodox Jewish community to pressure him to plead guilty in order to avoid the negative publicity for the community that would come with a trial. Witnesses for Kolko say the campaign involved a combination of vivid descriptions of what prison would be like, and an offer of $100,000 and a job when he got out of jail if he plead guilty. Kolko steadfastly maintained his innocence until he decided to plead guilty while the trial was under way.

Belgian Animal Rights Group Accused of Exploiting Holocaust In Campaign Against Ritual Slaughter

In Belgium, Jewish and Muslim groups are strongly criticizing a radio ad calling for an end to Halal and kosher slaughter of animals (which is performed without first stunning the animal).  The ad was produced by the Antwerp-based animal welfare group GAIA.  According to yesterday's Times of Israel, the ad, which was sent by e-mail to 200 politicians, is seen by critics as using Holocaust themes to further the group's animal rights cause.  The ad delivers testimony of capture and transportation from a lamb waiting for slaughter. A Jewish spokesman called the ad "a new example of the trivialization of the crime of genocide..." However GAIA said: "This is an attempt to describe what animals experience now without any religious or historic connotations."

Missouri Bill To Restore School Christmas Celebrations Takes Effect After Override of Governor's Veto

As previously reported, last July Missouri Governor Jay Nixon vetoed HB 278 that provides:

No state or local governmental entity, public building, public park, public school, or public setting or place shall ban or otherwise restrict the practice, mention, celebration, or discussion of any federal holiday.

The bill was particularly aimed at restoring Christmas celebrations. Last week's St. Louis Jewish Light reports however that in an action largely unnoticed by the media (see this coverage), on Sept. 11 the state legislature voted to override the governor's veto.  The bill went into effect Oct. 11. In a letter sent to Missouri school administrators and board members, the bill's sponsor Rep. Rick Brattin wrote:

It is an honor for me to play a role in this process and to stand in defense to celebrate our holidays in the same ways that our parents and grandparents did. My hope is that HB 278 will help reverse the chilling effect we have seen on the ability of teachers and students to observe these holidays.

[Thanks to Joe Bernstein for the lead.]

Religious Pre-School's Exclusion From State Grant Program Required By State Constitution

In Trinity Lutheran Church of Columbia, Inc. v. Pauley, 2013 U.S. Dist. LEXIS 147674 (WD MO, Sept. 26, 2013),  a Missouri federal district court upheld the policy of the Missouri Department of Natural Resources Solid Waste Management Program to exclude from its Scrap Tire Program any organization controlled by a church or by a religious sect or denomination. Thus plaintiff's religiously-affiliated day care and preschool facility could not apply for a grant under the program to buy recycled tires to resurface its playground. First the court concluded that providing a grant through the Scrap Tire Program would violate Art. I, Sec. 7 of the Missouri constitution that prohibits the expenditure of any public funds to aid a church or religious denomination.  The court then rejected arguments that the ban violated plaintiff's free exercise, establishment clause, free speech and equal protection rights under the U.S. Constitution.

Still No Burial Decision For Nazi War Criminal After Controversial Funeral Disrupted

As previously reported, when convicted Nazi war criminal Erich Priebke died in Italy last week, the Vatican prohibited any church in Rome from celebrating a funeral mass for him.  However, as reported Tuesday by the International Business Times, the renegade traditionalist Society of St. Pius X decided to allow the funeral to be held at its Pius X Institute in the town of Albano Laziale just outside of Rome. Dozens of demonstrators attacked Priebke's hearse chanting "murderer" and anti-Fascist slogans as the body was moved to the Institute, and the mayor of the town said he would not allow burial there.  Now JTA reports that the funeral ceremony was called off when authorities refused to allow participants to enter, and Priebke's body is being held at a military airport with no final decision about burial.

Suit Challenges Oregon Same-Sex Marriage Ban

According to the Willamette Week, two same-sex couples filed suit in federal district court in Oregon this week challenging Oregon's state constitutional ban on same-sex marriage. One of the couples wants to marry in Oregon; the other couple wants its Canadian same-sex marriage recognized in Oregon. The complaint (full text) in Geiger v. Kitzhaber, (D OR, filed 10/15, 2013), contends that the Oregon constitutional ban violates the equal protection and due process clauses of the 14th Amendment. [Thanks to Alliance Alert for the lead.]

Amtrak Bus Driver Refuses To Allow Sikh Student To Board Wearing Kirpan

In Davis, California last Saturday, an Amtrak bus driver barred a Sikh college student from boarding the bus that connects with a train in Sacramento because the student was wearing his kirpan (Sikh ceremonial dagger). According to the Davis Enterprise, 20-year old managerial economics student Harsimran Singh had often worn his kirpan on this same bus. This time however, the driver called police when he spotted the 9-inch kirpan, and refused to allow Singh to board unless he would place the kirpan in his back pack and store it in the bus luggage compartment.  The Sikh faith requires wearing the kirpan next to one's body.

French High Court Upholds Scientology Fraud Convictions

AFP reports that in France, the Cour de Cassation, the country's highest court, yesterday upheld the 2009 fraud conviction of two French affiliates of the Church of Scientology for manipulating two women into buying products or enrolling in courses. (See prior posting.) Scientology's Celebrity Centre and its bookshop in Paris were fined the equivalent of $812,000 (US).  The court rejected Scientology's claim that the convictions violated its religious freedom.  France does not consider Scientology to be a religion.  The church is expected to appeal to the European Court of Human Rights.

President Issues Eid al-Adha Greetings

Yesterday, President Obama issued a statement (full text) extending best wishes for Eid al-Adha to Muslims around the world and congratulating those who performed the Hajj this year. The statement reads in part:

To commemorate Eid al-Adha, Muslims around the world are joining other faith communities in offering their assistance to those suffering from hunger, disease, and conflict.  Their service is a powerful example of the positive role that faith can play in motivating communities to work together to address shared challenges.

Another Non-Profit Challenge To Contraceptive Coverage Mandate

Last week, yet another lawsuit challenging the Affordable Care Act contraceptive coverage mandate was filed. The Becket Fund announced the filing of the class action by three Christian religious non-profits on behalf of over 100 ministries that currently receive health benefits through the Southern Baptist Convention's GuideStone Financial Resources, one of the largest multi-employer church health care plans in the country. The complaint (full text) in Reaching Souls International, Inc. v. Sebelius, (WD OK, filed 10/11/2013) contends that even under the final regulations that allow religious non-profits to have a third-party administrator furnish contraceptive coverage, plaintiffs' religious exercise is burdened because they are required to facilitate coverage for contraceptives that they consider to be abortifacients.

Woman Sues Christian Group Saying She Was Fired For Divorce While Men Were Treated Differently

Religion News Service reports on a lawsuit against InterVarsity Christian Fellowship by a former spiritual director who says she was fired because of her divorce.  IVCF has a Separation and Divorcing Staff Policy under which Alyce Conlon was placed on paid leave when she informed her supervisors that she and her husband were considering separating. When she was not successful in reconciling, she was fired.  She claims that two male colleagues who divorced and remarried were treated differently, being allowed to remain on staff.  IVCF responded to the lawsuit by saying in part:

As a Christian organization, InterVarsity Christian Fellowship’s credibility and witness depends on its ability to hire and retain personnel who share and abide by InterVarsity’s faith commitments. It is deeply regrettable that a former employee has chosen to challenge this key constitutional liberty.”

Animal Rights Activists Disrupt Eid al-Adha Animal Slaughter In Poland

In Poland yesterday, animal rights activists disrupted Eid al-Adha celebrations that traditionally involve the slaughter of live animals. AlJazeera reports that in the village of Bohoniki, activists tried to require Muslim Tatars to comply with the  requirement that animals be stunned before they are slaughtered. (See prior posting.) However religious leader Tomasz Miśkiewicz said at least one animal was killed to keep the culture of Muslim Tatars alive.

Cert. Filed In Contraceptive Mandate Case

The Thomas More Society announced that a petition for certiorari (full text) was filed today in the U.S. Supreme Court seeking review of the 6th Circuit's decision in Autocam Corp. v. Sebelius.  In the case, the 6th Circuit denied  a preliminary injunction in an Affordable Care Act contraceptive coverage mandate challenge by two related small businesses and their Catholic owners (See prior posting.)

North Carolina County Official Takes Step To Advance Same-Sex Marriage [Corrected]

In North Carolina, AP reports that Buncombe County Register of Deeds Drew Reisinger said yesterday that he will begin accepting marriage license applications from same-sex couples, but will then merely hold the applications and seek legal advice from state Attorney General Roy Cooper. The county official's statement came just hours after Attorney General Cooper said he personally supports same-sex marriage, but will defend the state's constitutional ban on same-sex marriage in court. [An earlier version of this posting incorrectly referred to South Carolina.]

Suit Challenges Lay-Off of Contract Military Chaplains During Government Shut-Down

The Thomas More Law Center announced yesterday that it has filed a suit on behalf of Catholic priest Fr. Ray Leonard, who is a civilian under contract with the Department of Defense to provide Catholic religious services at a naval submarine base.  The suit was also filed on behalf of one of Leonard's congregants.  The complaint (full text) in Leonard v. U.S. Department of Defense, (D DC, filed 10/14/2013) contends that plaintiffs' rights under the 1st Amendment and RFRA are violated because Leonard is unable to continue to celebrate daily mass at the naval base during the government shutdown. As interpreted by the Department of Defense, the recently enacted Pay Our Military Act is not broad enough to cover civilian contract chaplains, and the Anti-Deficiency Act, 31 USC 1342, prohibits the government from receiving Leonard's services free of charge. The suit seeks to enjoin application of the Anti-Deficiency Act to Leonard's speech and activities as a Catholic priest. CNN Wire reports on the case.

UPDATE: In an Oct. 16 press release, the Thomas More Law Center reports that the Justice Department and Department of the Navy decided that Fr. Leonard could resume all his religious duties as of that date.  However the lawsuit will continue to prevent a recurrence of the ban in any future government shutdown.

Malaysia Appeals Court Upholds Ban On Catholic Newspaper Using "Allah"

As reported by Reuters, the Court of Appeal of Malaysia today, in a 3-0 decision, reversed the High Court (see prior posting) and upheld a licensing condition imposed by the Minister of Security prohibiting the Catholic newspaper The Herald from using the word "Allah" in its Malay language edition to refer to God.  In Negeri v. Titular Roman Catholic Archbishop of Kuala Lumpur, (Malay. Ct. App., Oct. 14, 2013), the judges' views were encapsulated in a Summary of Decision, which was accompanied by separate opinions by Judges Mohamed Apandi Bin Ali (full text), Abdul Aziz Bin Abd Rahim (full text), and Mohd Zawawi Bin Salleh (full text).  The court held:

It is our common finding that the usage of the name “Allah” is not an integral part of the faith and practice of Christianity. From such finding, we find no reason why the respondent is so adamant to use the name “Allah” in their weekly publication. Such usage, if allowed, will inevitably cause confusion within the community.....

[T]he welfare of an individual or group must yield to that of the community.... [T]his is how the element of “in peace and harmony” in Article 3(1) is to be read with the freedom of religion in Article 11(1) of the Federal Constitution....

[S]ufficient material have been considered by the Minister in discharging his function and statutory power under the Printing Presses And Publications Act 1984. Although the test under the written law is subjective, there are sufficient evidence to show that such subjective decision was derived by considering all facts and circumstances in an objective manner. Thus, there is no plausible reason for the High Court to interfere with the Minister's decision.

In the case, (See prior related posting.)

Nazi War Criminal Erich Priebke Dies; Church, Italian and Argentine Governments, Refuse Funerals For Him

Convicted Nazi war criminal Erich Priebke died Friday at age 100 while serving a life sentence under house arrest in Rome at the home of his lawyer. As reported by AP, Priebke (after living nearly 50 years in Argentina) was extradited in 1995 to stand trial in Italy for the 1944 massacre at the Ardeatine Caves outside Rome in which 335 civilians were killed.  Pope Francis' vicar for Rome, Cardinal Agostino Vallini, has prohibited any church in Rome from celebrating a funeral mass for Priebke. The Rome archdiocese says his funeral must be held at home in strict privacy. Rome's police and civil officials said they would also bar any public ceremony out of security concerns. Meanwhile, Argentine Foreign Minister Hector Timerman said that Priebke's body would not be allowed into Argentina either. However Priebke' lawyer Paolo Giachini argued that as a practicing Catholic, Priebke deserves a Catholic funeral as a matter of his religious liberty. He suggested that Priebke might be buried in Germany, and a German Foreign Ministry spokesman said that German citizens had that right, though no request has been made by any of Priebke's family members.

Court Upholds Enforcement of Christian Arbitration Agreement In Wrongful Death Suit

In Spivey v. Teen Challenge of Florida, Inc. (FL App., Oct. 11, 2013), a Florida state appellate court upheld a trial court's enforcement of a Christian-based arbitration/ mediation agreement, requiring a mother to resolve her wrongful death action against a residential substance abuse program under the agreement that invoked rules of the Association of Christian Conciliation Services. The court observed that "private religious arbitration ... is exceedingly common in our pluralistic religious society...."

Holding that the mother, as the personal representative of her deceased 19-year old son, was bound by the agreement he signed, the court rejected several constitutional challenges to enforcement of the arbitration agreement.  The mother argued that she should not be required to engage in mediation that includes prayer as a part of the process, but the court held that "a personal representative generally cannot object that fulfilling the deceased’s wishes offends the religious sensibilities of the personal representative." The court concluded:

Indeed, had the trial court determined that the arbitration agreement was unenforceable due to its religious nature, its action “could itself arguably constitute an impermissible entanglement” under religion clause jurisprudence.

Recent Articles and Books of Interest

From SSRN:

• Muhammed Tawfiq Ladan, Managing Diversities for Peaceful Co-Existence in a Democratic Nigeria: A Human Rights Perspective, (August 20, 2013).
• Andrew Koppelman, 'Freedom of the Church' and the Authority of the State, (Journal of Contemporary Legal Issues, Forthcoming).
• Stephen M. Bainbridge, Must Salmon Love Meinhard? Agape and Partnership Fiduciary Duties, (UCLA School of Law, Law-Econ Research Paper No. 13-17, 2013).
• Perry Dane, Nature, Equality, and Same-Sex Marriage, (Buffalo Law Review Forthcoming).
• Benjamin L. Berger, Religious Diversity, Education, and the 'Crisis' in State Neutrality, (Canadian Journal of Law and Society, Forthcoming).

From SmartCILP:

• Julia Halloran McLaughlin, Taking Religion Out of Civil Divorce, 65 Rutgers Law Review 395-446 (2013).
• Symposium. In Search of a 'Grand Unified Theory': Thirty Years with the Endorsement Test. Articles by Carl H. Esbeck, Edward M. Gaffney, Jr., Patrick M. Garry, William M. Janssen and Andrew Koppelman. 7 Charleston Law Review 607-725 (2013).

Recent  Books:

• Daniel Jonah Goldhagen, The Devil That Never Dies: The Rise and Threat of Global Antisemitism (Little Brown, Sept. 2013), reviewed by the New York Times.
• Robert L. LaCosta, Gamaliel’s Advice: Taking Down God, (WestBow Press, June 2013), reviewed by the La Jolla Light.
• Denise A. Spellberg, Thomas Jefferson's Qur'an: Islam and the Founders, (Knopf, Oct. 1, 2013).

Hajj Begins; Fewer Visas Because of Health Concerns

In Saudi Arabia, the hajj began yesterday. AP reports that the Saudis cut the number of hajj visas by 20% for each country out of concern over a respiratory virus that has killed over 50 people in Saudi Arabia this year. The more than 2 million pilgrims this year (a 1 million reduction from last year) reflects fewer visas for the elderly, pregnant women and those with chronic illnesses.

Traditional Marriage Group Sues IRS Alleging Illegal Release of Tax Returns To Opponents

Earlier this month, the National Organization for Marriage-- an organization whose purpose is to protect traditional marriage and the faith organizations that support it-- announced that it has filed suit against the Internal Revenue Service over the alleged illegal release of its 2008 confidential tax return to ideological opponents. The complaint (full text) in National Organization For Marriage, Inc. v. U.S. Internal Revenue Service, (ED VA, filed 10/3/2013) alleges:

In March 2012, individuals employed by the IRS ... disclosed NOM's confidential ... 2008 IRS Fonn 990, Schedule B, which contains the names, home addresses, and contribution amounts of NOM's 2008 donors, to one or more third parties, including NOM's ideological opponent, the Human Rights Campaign....  On information and belief, the individuals from the IRS chose to make this disclosure ... specifically intending that those third parties would widely publish the information.... NOM's confidential return information was subsequently published on the Internet by third parties, including HRC and the Huffington Post ... making it available to millions of people. These disclosures are part of a deliberate attempt to chill the First Amendment activity of NOM, its donors, and others who associate with NOM.

The complaint seeks damages and injunctive relief.