Texas State Board of Education Amends Textbook Review Rules To Lessen Influence of Social Conservatives

AP reports that on Friday, the 15-member Texas State Board of Education unanimously adopted new rules governing the citizen review panels that review proposed textbooks.  The rule changes are likely to lessen the influence of social conservatives who in recent years have influenced the coverage of topics such as evolution, climate change and the role of religion in American history.  The new rules give priority to teachers and professors to serve on the textbook review panels in their areas of expertise. They also allow the state board to appoint outside experts to check the objections raised by review panels. The new rules require that each textbook be reviewed by at least two panel members, require panels to submit majority and minority reports, and limit board of education contact with panel members to prevent pressure on panels. Earlier this week the board defeated a proposal that would have allowed removal of review panel members for inappropriate behavior. Conservative State Board of Education member David Bradley complained: "liberals are really trying to make it difficult for Christians and conservatives to have a voice in public education."

Montana Catholic Diocese Files For Chapter 11 Protection To Implement $17.5M Settlement of Abuse Cases

The Roman Catholic Diocese of Helena, Montana filed for Chapter 11 bankruptcy reorganization on Friday, according to NBC News. The filing comes in anticipation of a $15 million settlement for 362 victims of clergy abuse who have sued claiming that the diocese knew or should have known of the abuse that took place from the 1940's to the 1980's. Another $2.5 million will be set aside for victims who have not yet come forward. Most of the settlement will be funded by insurance carriers, but the diocese will pay at least $2.5 million additionally. The diocese covers 21 counties and parts of two others in western and north central Montana.

Bahraini Court Dissolves Islamic Scholars Council

Al Monitor reports that in Bahrain last Wednesday, the Administrative Court ordered the dissolution of the Islamic Scholars Council and liquidation of its assets. The Council includes a number of prominent Shiite scholars who support the opposition movement.  Last September, the Justice Ministry filed a lawsuit seeking liquidation of the Council, claiming that the organization was founded in 2004 in violation of law.

Sexual Abuse Suit Against Yehshiva University Dismissed On Statute of Limitations Grounds

In Twersky v. Yeshiva University, (SD NY, Jan. 30, 2014), a New York federal district court dismissed on statute of limitations grounds a suit by 34 former students at Yeshiva University High School for Boys claiming that between 1968 and 1992 they were abused variously by an administrator who eventually became the school principal, by a Judaic studies teacher employed by the Jewish high school, and by an outside party who was given access to the school dormitory. The suit was brought against the high school, Yeshiva University, former University administrators and trustees alleging fraud, negligence, violation of the NY General Business Law, and of Title IX of the federal Education Amendments Act of 1972. The court rejected claims that the statutes of limitation involved were extended by the federal or state law rules on discovery of wrongdoing, or by the state law doctrine of equitable estoppel.  The Forward reports on the decision.

Administrative Complaint Charges Catholic School With Discrimination For Terminating Employee In Same-Sex Marriage

The Boston Globe reports on the employment discrimination complaint  (full text) filed yesterday with the Massachusetts Commission Against Discrimination by Matthew Barrett who was hired as food services director at a Catholic school. Three days after he accepted the position with Fontbonne Academy, the school terminated his employment because it learned from paperwork he had filled out that he was gay and had a same-sex spouse.

The Massachusetts law against discrimination (MGL Title XXI, Ch. 151B, Sec. 1(5)) provides:

[N]othing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for ... educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission, or participation to members of that religion, from... taking any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated by such organization to promote the religious principles for which it is established or maintained.

In its press release on the case, GLAD says: "Our laws carefully balance the important values of religious liberty and non-discrimination.  When Fontbonne Academy fired Matt from a job that has nothing to do with religion, they came down on the wrong side of the law."

8th Circuit: Insurance Company Need Not Pay Archdiocese's Settlement In Wrongful Death Suit

In Chicago Insurance Company v. Archdiocese of St. Louis, (8th Cir., Jan. 29, 2014), the U.S. 8th Circuit Court of Appeals held that Chicago Insurance Co. is not required to reimburse the Catholic Archdiocese of St. Louis for amounts the Archdiocese paid to settle a wrongful death claim by the parent of a clergy sex abuse victim who committed suicide. The court held that the Archdiocese failed to show that the settlement was in reasonable anticipation of liability for negligence because the Missouri Supreme Court has held that negligence-based actions against a religious organization that require the court to evaluate the reasonableness of religious doctrine, policy and administration are barred by the 1st Amendment. (And the insurance policy does not cover intentional conduct.) The 8th Circuit held:

we are aware of no authority, and the Archdiocese cites none, that allows a settling insured to recover under an indemnity policy where governing law does not permit the claimant's underlying cause of action against the insured.

Business Insurance reports on the decision.

Chicago Archdiocese Settles Sex Abuse Case For $3.2M

The Chicago Sun-Times reported yesterday that the Catholic Archdiocese of Chicago has reached a settlement of nearly $3.2 million with the victim of sex abuse by former priest Daniel McCormack. The suit charges that the archdiocese and Cardinal Francis George failed to remove McCormack from contact with children even though they knew that he had sexually abused minors.

Wyoming Diocese Sues To Challenge Contraceptive Mandate Accommodation

The Catholic Diocese of Cheyenne, Wyoming announced yesterday that along with Catholic Charities, a children's home and two Catholic schools, it has filed a federal lawsuit challenging the Affordable Care Act contraceptive coverage mandate accommodation. In his announcement, Bishop Paul Etienne said in part:

The message of the mandate is clear; keep your religious beliefs private or face financial penalties.  This is one of the strongest reasons the decision was made by the diocese and the plaintiffs to resist this mandate, even knowing that other similar lawsuits are now making their way through the court system.

AP reports on the lawsuit.

UPDATE: Here is the full text of the complaint in Diocese of Cheyenne v. Sebelius, (D WY, filed 1/30/2014).

Court Dismisses Challenge To Exclusion of Private Schools From NY Law Protecting Students From Sex Abuse

In Levi v. New York State Assembly, (SD NY, Jan. 29, 2014), a New York federal district court dismissed on sovereign immunity and legislative immunity grounds a suit challenging the legislature's failure to include private schools (including religious schools) in the coverage of a 2001 state law designed to protect school students from sexual abuse by school employees. Plaintiff, whose daughter attends a Modern Orthodox Jewish school, complains that private schools were omitted because of opposition to their coverage by ultra-Orthodox Jews. He contended that the legislature's action violated the 1st and 14th Amendments.

UK Appeals Court OK's Transport Agency Rule Banning Controversial Ad By Christian Non-Profit

In Core Issues Trust v. Transport for London, (EWCA, Jan. 27, 2014), Britain's Court of Appeal upheld a decision by London's public transportation agency to refuse to allow a Christian non-profit organization that supports gays who wish to change their sexual preference to buy ad space on the side of London's buses. The organization wanted to post an ad that read: "Not Gay! Ex-Gay, Post-Gay and Proud, Get Over It". The court held that the policy of the transportation agency to refuse ads that are likely to cause widespread or serious offence or which relate to matters of public controversy or sensitivity does not violated the freedom of expression or freedom of religion provisions (Art. 9 and 10) of the European Convention on Human Rights. The Independent reports on the decision. [Thanks to Paul Diamond for the lead.]

80+ Amicus Briefs Filed In Hobby Lobby Case

More than 80 amicus briefs have been filed in the U.S. Supreme Court in Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, the cases challenging the Affordable Care Act contraceptive coverage mandate. Becket Fund has links to the full text of all the amicus briefs.

Orthodox Patriarch Warns Russian Parliament About Same-Sex Marriage

According to ITAR-TASS News Agency, on Tuesday Patriarch Krill, head of the Russian Orthodox Church, spoke at the Federation Council (the upper house of Russia's parliament) to warn against the legalization of same-sex marriage and to lament marital infidelity. He said that if a person is unfaithful to his family, he may be unfaithful to his homeland.  After Krill's presentation, the Federation Council and religious leaders adopted a joint statement which reads in part: "Preservation of marriage as a union between a man and a woman based on love and mutual understanding and birth of beloved children are a precondition for survival of humankind."

9th Circuit, With Dissents, Denies En Banc Review In Reparative Therapy Ban Challenge

As previously reported, last August in Pickup v. Brown, (9th Cir., Aug. 29, 2013), the U.S. 9th Circuit Court of Appeals upheld the constitutionality of California Senate Bill 1172 that bans state-licensed mental health providers from engaging in sexual orientation change efforts with patients under 18.  Yesterday in Pickup v. Brown, (9th Cir., Jan. 29, 2014),) the panel reaffirmed its holding in an amended opinion, and the full court (with 3 dissents) denied en banc review. The amended opinion-- apparently in response to dissenters' criticisms-- adds the discussion at pp. 39-41 distinguishing this case from the U.S. Supreme Court's 2010 decision in Holder v. Humanitarian Law Project.

In the dissent from yesterday' denial of review by the 9th Circuit, Judge O'Scannlain, joined by Judges Bea and Ikuta, said:

The State ... here, has prohibited licensed professionals from saying certain words to their clients. By labeling such speech as “conduct,” the panel’s opinion has entirely exempted such regulation from the First Amendment. In so doing, the panel contravenes recent Supreme Court precedent, ignores established free speech doctrine, misreads our cases, and thus insulates from First Amendment scrutiny California’s prohibition—in the guise of a professional regulation—of politically unpopular expression.

Volokh Conspiracy also discusses yesterday's action by the 9th Circuit.

Santeria Priest May Proceed With1st Amendment Claims Against Police Chief

In Badillo v. Amato,(D NJ, Jan. 28, 2014), a New Jersey federal district court held that a Santeria priest can proceed with his 1st Amendment religious expression claims against a police chief for prosecuting him for animal abuse and neglect. Plaintiff was also allowed to proceed with a 4th Amendment claim.  The court rejected the contention that the police chief had qualified immunity, finding that:

Plaintiff’s right to practice the Santerian ritual of sacrificing certain types of animals, within the strictures and constraints of the religion, is a clearly established right....

The court dismissed claims against various other defendants.

House Hearing Held On Religious Accommodation In the Military

Yesterday, the House Armed Services Committee, Subcommittee on Military Personnel yesterday held a hearing on Religious Accommodations in the Armed Services. The prepared statements of the six witnesses-- chaplains and representatives of chaplain endorsing agencies-- as well as statements for the record submitted by nine other groups and individuals are available on the committee's website. [Thanks to Michael Lieberman for the lead.]

Suit Claims Viewpoint Discrimination In School District's Refusal of Religious Ad

Alliance Defending Freedom yesterday announced the filing of a lawsuit in federal district court in Texas challenging the refusal by the Lubbock Independent School District to accept an ad from JesusTattoo.org for display during high school football games on the district's jumbotron.  The school district says that the Establishment Clause bars the use of government property for religious advertisements.  The complaint in Little Pencil v. Lubbock Independent School District claims unconstitutional viewpoint discrimination because other non-school-related organizations, including other religious groups, are permitted to advertise.

UPDATE: Here is the full text of the complaint in Little Pencil, LLC v. Lubbock Independent School District, (ND TX, filed 1/28/2014).

Indonesia's Supreme Court Penalizes Judges On East Java's Religious Affairs Court

The Jakarta Globe reports that yesterday Indonesia's Supreme Court imposed unspecified penalties on 11 of the 12 members of the Religious Affairs Court in Ponorogo district, East Java, for permitting attorneys who are members of the unofficial Indonesian Congress of Advocates (KAI) to practice before the court. The Religious Affairs Court's chief judge reported the violation.  Under Indonesia’s 2003 Law on Attorneys, only members of the Indonesian Association of Advocates (Peradi) are allowed to practice.

Panel Recommends Judge's Suspension and Fine For Selling Religious Items In Courthouse

A Hearing Panel of the Florida Judicial Qualifications Commission filed an opinion on Monday recommending imposing a public reprimand, a 3-month suspension without pay and a fine of $17,000 on state court judge Judith W. Hawkins.  Among other things, she was found guilty of selling religious books, study guides, and other products of Gaza Road Ministries which she founded to lawyers who appeared before her and to courthouse employees, promoting products appearing in her judicial robes on the Gaza Road Ministries website, and using her judicial assistant during working hours to promote and produce the products. In Inquiry Concerning Judge Judith W. Hawkins, (FL Judic. Qual. Commn., Jan. 27, 2014), the hearing panel published its conclusions without alluding to the fact that the products Hawkins promoted were religious in nature, saying: "The identity and nature of the business are irrelevant to these proceedings; and the business is therefore referred to by a pseudonym." The panel went on to conclude:

Judge Hawkins operated a private, for profit business from her judicial chambers. She linked the sale of ABC's products to her judicial office, by a website, which depicted her in a judicial robe, and described her as a county court judge in Tallahassee. She used state time and resources (including her judicial assistant) to promote ABC. This conduct violates Canons 1, 2B and 5D of the Code of Judicial Conduct. It lent the prestige of judicial office to advance the private interest of the judge.

The Tampa Bay Times reports on the hearing panel's recommendations. (See prior related posting.)

In Australia, Jewish MP's Oppose Call To Stop Parliamentary Tradition of Lord's Prayer

Today's Australian Jewish News reports that Jewish members of Australia's Federal Parliament are generally opposing a call by the The Green party to end the century-old tradition of opening each day's session of Parliament with the recitation of the Lord's Prayer. Jewish MP Mark Dreyfus said that while there could be more inclusive ways of recognizing the country's multi-faith nature, by calling for an end to prayer "the Greens are not showing an understanding of the importance of religious faith for very many Australians."

U.S. Appeals To 7th Circuit On Tax Code's Parsonage Allowance

According to ABP, the Justice Department last week filed a notice of appeal with the U.S. 7th Circuit Court of Appeals in Freedom From Religion Foundation v. Lew. In the case, a federal district court held unconstitutional the provision in the Internal Revenue Code that for tax purposes excludes from income a minister's parsonage allowance. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]

Tunisia Finalizes Adoption Of New Constitution

Tunisia Live reports that on Sunday night, Tunisia's National Constituent Assembly  (NCA) give its final approval to the country's new constitution which has been drafted in a process that has taken nearly two years. The vote was 200 in favor; 4 against; and 12 abstentions.  By receiving over a two-thirds vote, the document does not need to go to a popular referendum.  Yesterday, the formal adoption was finalized as President Moncef Marzouki, Prime Minister Ali Laarayedh, and NCA Speaker Mustapha Ben Jaafar signed the document in a ceremony attended by political and civil society leaders as well as representatives of foreign governments. (Tunisia Live). The new constitution (full text in English) contains 146 articles, including the following that relate to the relationship of religion and state:

Preamble....  Expressing our people’s commitment to the principles of Islam and its open and moderate objectives, on sublime human values and the principles of universal human rights, inspired by our civilizational heritage accumulated over successive epochs of our history, and from our enlightened reformist movements that are based on the foundations of our Islamic-Arab identity and to the acquisitions of human civilisation, and adhering to the national gains achieved by our people; ...

Based on the dignified status of humankind; enhancing our cultural and civilizational affiliation to the Arab Islamic nation, on the basis of national unity that is based on citizenship, brotherhood, solidarity, and social justice; with a view to supporting Maghreb unity as a step towards achieving Arab unity, integrating with the Muslim and African nations, and cooperating with the peoples of the world; supporting the oppressed everywhere, and the people’s right to self-determination, and supporting just liberation movements at the forefront of which is the Palestinian liberation movement; and standing against all forms of occupation and racism; .... [Note: Article 143 provides: "This Constitution’s preamble is deemed an integral part of the Constitution."]

Article 1: Tunisia is a free, independent, sovereign state; its religion is Islam, its language Arabic, and its system the Republic. This article cannot be amended....

Article 6: The state protects religion, guarantees freedom of belief and conscience and religious practices, protects sanctities, and ensures the neutrality of mosques and places of worship away from partisan instrumentalisation.  The state is committed to spreading the values of moderation and tolerance, and to protect the sacred and prevent it from being attacked, and is also committed to prohibit charges of apostasy (“takfir”) and incitement to hatred and violence, and to combat them.....

Article 20: All citizens, male and female alike, have equal rights and duties, and are equal before the law without any discrimination.....

Article 30: Freedom of opinion, thought, expression, media and publication shall be guaranteed. These freedoms shall not be subject to prior censorship....

Article 38.... The state shall guarantee the right to free public education at all stages and shall seek to provide the necessary means to achieve a high quality of education and training, as it shall work to embed youth in the Arab-Islamic identity and strengthen and promote the Arabic language and expand its usage, and openness to foreign languages and cultures, and dissemination of the culture of human rights.....

Article 46: Children are entitled to dignity, health, moral upbringing, and education from their parents and the state....

Article 125: The Human Rights Commission shall oversee the extent to which human rights and freedoms are respected, and promote human rights and freedoms....

White House Recognizes International Holocaust Remembrance Day

Today, President Obama issued a statement (full text) on International Holocaust Remembrance Day.  He said in part:

Yet even on a day of solemn remembrance, there is room for hope.  For January 27th is also the day Auschwitz was liberated 69 years ago.  The noble acts of courage performed by liberators, rescuers, and the Righteous Among Nations remind us that we are never powerless.  In our lives, we always have choices.  In our time, this means choosing to confront bigotry and hatred in all of its forms, especially anti-Semitism.  It means condemning any attempts to deny the occurrence of the Holocaust.  It means doing our part to ensure that survivors receive some measure of justice and the support they need to live out their lives in dignity.

Meanwhile, according to JTA, on Friday the White House announced that it is appointing HHS staffer Aviva Sufian as Special Envoy for U.S. Holocaust Survivor Services. Her work will be directed toward survivors living in poverty and those not receiving services for which they are eligible.

Cert. Petition Seeks Contraceptive Mandate Accommodation Review By Supreme Court Before Circuit Court Decides Appeal

Last week, the Catholic non-profit pro-life organization Priests for Life filed a petition for certiorari (full text) with the U.S. Supreme Court in Priests for Life v. U.S. Department of Health and Human Services, (filed 1/23/2014).  The petition asks for high court review even though the Court of Appeals for the D.C. Circuit has not yet ruled in a pending appeal.  In the case, a federal district court held that no substantial burden was placed on the group's free exercise by requiring it to complete the self-certification form to opt into the Affordable Care Act contraceptive coverage accommodation for religious non-profits. (See prior posting.) AFLC issued a press release announcing the filing of the petition.

2nd Circuit: Chinese Asylum Applicant Wrongly Questioned By IJ About Doctrinal Knowledge

In Chang Qiang Zhu v. Holder, (2d Cir., Jan. 23, 2013), the U.S. Second Circuit Court of Appeals vacated and remanded for further proceedings the denial by an Immigration Judge of an application for asylum, withholding of removal and relief under the Convention Against Torture brought by a Chinese Christian man who claimed religious persecution in China.  The court said in part:

The agency based its credibility determination primarily on Zhu’s testimony concerning his telling of the story of the biblical figure Paul to Chinese authorities during his detention. The agency found that Zhu’s demeanor while testifying was “hesitant” and “evasive” and his account of the story was inconsistent. The record, however, reveals that Zhu’s demeanor began to suffer only when the IJ required him to provide highly detailed information regarding the story of Paul. Indeed, while Zhu was able to explain that Paul was a disciple of Jesus Christ who persecuted Christians, and later converted to Christianity after being blinded on the road to Damascus, he struggled to answer more detailed questions such as what form Paul’s  persecution of Christians took or in what year Paul converted to Christianity. By inquiring of Zhu and expecting him to provide this extensive detail, virtually all of which he testified to accurately in any event, the IJ contravened our holding in Rizal v. Gonzales, 442 F.3d 84,90 (2d Cir. 2006), which prohibits relying on a petitioner’s lack of doctrinal knowledge as the basis for an adverse credibility determination or denying relief. 

The court also concluded that neither the Immigration Judge nor the Board of Immigration Appeal adequately considered Zhu's claim of a pattern or practice of persecuting Christians in China. The New York Daily News last week reported on the decision.

Recent Articles of Interest

From SSRN:

• Machtfeld Zee, Five Options for the Relationship between the State and Sharia Councils: Untangling the Debate on Sharia Councils and Women's Rights in the United Kingdom, (Journal of Religion and Society, Volume 16 (2014)).
• Cambria Queen, Is God in the United States?, (September 26, 2013).
• Caroline Mala Corbin, Corporate Religious Liberty: Why Corporations Are Not Entitled to Religious Exemptions, (American Constitution Society Issue Brief, January 2014).
• Haim Sandberg, From JNF to Viva Palestina – UK Policy Towards Zionist and Palestinian Charities, (January 23, 2014).

From SmartCILP and elsewhere:

• Audun Kjus, Adam and Lucifer: A Royal Example, 25 Law & Literature 466-482 (2013).
• David B. Kopel, Evolving Christian Attitudes Towards Personal and National Self-Defense, 45 Connecticut Law Review 1709-1771 (2013).
• Benjamin Porat, Lethal Self-Defense Against a Rapist and the Challenge of Proportionality: Jewish Law Perspective, 26 Columbia Journal of Gender & Law 123-181 (2013).
• Moshe Simon-Shoshan, "People Talking Without Speaking": The Semiotics of Rabbinic Legal Exemplum As Reflected in Bavli Berakhot 11a, 25 Law & Literature 446-465 (2013).
• Alan E. Garfield, The Contraception Mandate Debate: Achieving a Sensible Balance, Columbia Law Review, January 2014 Sidebar.
• Knox Thames, A Global Response to Religious Freedom Violations, Georgetown Journal of International Affairs, Jan. 2014.

Recent Prisoner Free Exercise Cases

In Cottriel v. Jones, 2014 U.S. Dist. LEXIS 6872 (WD OK, Jan. 21, 2014), an Oklahoma federal district court refused to hold the the Oklahoma Department of Corrections in contempt, finding that it has taken every reasonable step to comply with a prior injunction requiring it to furnish an Orthodox Jewish inmate with kosher food.

In Turner v. Hamblin, 2014 U.S. Dist. LEXIS 6986 (WD WI, Jan. 21, 2014), a Wisconsin federal district court dismissed a Muslim inmate's claim that his free exercise rights were infringed because prison officials cancelled Jumuah and Taleem services when an outside volunteer was not available to lead them.

In Hicks v. Ryan, 2014 U.S. Dist. LEXIS 7132 (D MA, Jan. 21, 2014), a Massachusetts federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not allowed to attend church services while he was in the infirmary.

Marshall v. Pennsylvania Department of Corrections, 2014 U.S. Dist. LEXIS 7421 (MD PA, Jan. 22, 2014), is a Pennsylvania federal district court case in which an inmate is challenging the refusal to offer services for Nation of Islam and Muhammad's Temple of Islam adherents separate from broader Islamic services. The court concluded that prior opinions in the case already dealt with a number of issues raised in motions before it, denied plaintiff's motion to amend, and ordered defendants to comply with outstanding discovery requests.

In Cox v. Stephens, 2014 U.S. Dist. LEXIS 7578 (SD TX, Jan. 22, 2014), a Texas federal district court denied a motion by a program analyst to dismiss him as a defendant in a suit by a Native American inmate who claims that grooming rules and rules limiting his wearing of a medicine bag and his participation in a pipe ceremony infringe his free exercise rights.

In Redd v. Lutgen, 2014 U.S. Dist. LEXIS 8070 (ND IA, Jan. 23, 2014), an Iowa federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 155252, Oct. 28, 2013) and dismissed an inmate's complaint that his free exercise rights were infringed when he was told he must sign a "Ramadan Agreement" in order to participate in the Eid feast with other inmates, since his name appeared on the Ramadan list anyway.

In Clay v. Livingston, 2014 U.S. Dist. LEXIS 9186 (ND CA, Jan. 24, 2014), a California federal magistrate judge permitted a Muslim inmate to move ahead with his complaint that Muslims fasting during Ramadan did not receive their lunches.

Anti-Semitic Packages and Graffiti In Italy Ahead of International Holocaust Remembrance Day

Times of Israel reports that in Italy this week, just ahead of International Holocaust Remembrance Day which falls on January 27 (background), boxes containing pigs' heads were sent to Rome's Great Synagogue, the Israeli embassy in Rome and Rome's Jewish Museum which is hosting an exhibit on the Holocaust. The package sent to the synagogue was delivered on Friday, while the one mailed to the Embassy was intercepted before it was delivered.  On Saturday, graffiti reading "the Holocaust is a lie" and "Hannah Frank is a big liar" appeared outside a municipal building in Rome.  According to Times of Israel, Rome's mayor condemned the actions, saying on Twitter: "Those who insult the Jewish community offend Rome..."

British Pakistani Sentenced To Death For Blasphemy In Pakistani Court; Sentence Unlikely To Be Carried Out

 In Pakistan on Thursday, a court in Rawalpindi sentenced a 70-year old British man, Muhammad Asghar, to death for blasphemy. According to DAWN, the court also imposed a fine of $9500 (US). Asghar was arrested in 2010 after he wrote letters to various people, including the police, claiming that he is a prophet.  The prosecutor said that Asghar made the same claim inside the courtroom.  According to BBC News, Asghar is a British Pakistani from Edinburgh who came back to Pakistan to look after his family's property. The complaint against him under Sec. 295-C of the Pakistan Penal Code was filed by a tenant who had been served with an eviction notice by Asghar.  Before returning to Pakistan, Asghar had been diagnosed as paranoid schizophrenic, but a medical panel appointed by the court in Pakistan rejected the claim of mental illness.

The death sentence is unlikely to be carried out since Pakistan has had a de facto moratorium on the death penalty since 2008. Asghar's lawyer says his conviction will be appealed, and the British foreign office plans to raise its concerns with the Pakistani government. [Thanks to Scott Mange for the lead.]

Supreme Court Enjoins Enforcement of Contraceptive Mandate Against Religious Non-Profit Contingent On Alternative Filing During Appeal

On New Year's Eve, U.S. Supreme Court Justice Sonia Sotomayor issued a temporary injunction to prevent immediate enforcement of the Affordable Care Act contraceptive coverage mandate compromise against the Little Sisters of the Poor. (See prior posting.) Now that the Supreme Court has received the government's response in the case, today the full Supreme Court issued the following unusual order , creating its own sort of compromise as the case proceeds on appeal:

The application for an injunction having been submitted to Justice Sotomayor and by her referred to the Court, the Court orders: If the employer applicants inform the Secretary of Health and Human Services in writing that they are non-profit organizations that hold themselves out as religious and have religious objections to providing coverage for contraceptive services, the respondents are enjoined from enforcing against the applicants the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit. To meet the condition for injunction pending appeal, applicants need not use the form prescribed by the Government and need not send copies to third-party administrators. The Court issues this order based on all of the circumstances of the case, and this order should not be construed as an expression of the Court’s views on the merits. 

Ohio Supreme Court Over 3 Dissents Refuses To Reconsider Science Teacher's Firing

In November, the Ohio Supreme Court, in a 4-3 decision, upheld the firing of middle school science teacher John Freshwater for insubordination in failing to comply with orders to remove religious materials from his classroom. (See prior posting.) On Wednesday, the Ohio Supreme Court denied a motion for reconsideration, but the same 3 justices who dissented originally also dissented from the refusal to reconsider. In Freshwater v. Mt. Vernon School District Board of Education, (OH Sup. Ct., Jan. 22, 2014), Justice O'Donnell filed a dissenting  opinion (joined by Justices Pfeifer and Kennedy) saying: "This case now stands as a basis for school boards to violate the constitutional rights of veteran teachers and to terminate them for insignificant reasons."

Executor May Pursue Challenge To Assets Left To Legion of Christ

In Chu v. Legion of Christ Inc., (D RI, Jan. 13, 2014), a Rhode Island federal magistrate judge recommended that defendant's motion for summary judgment be denied in a lawsuit claiming that the scandal-ridden Catholic organization, Legion of Christ, used fraud and undue influence to induce college professor Dr. James Boa-Teh Chu to name the Legion as beneficiary of his retirement annuities. The court held that under Rhode Island law the executor of the estate, Chu's son Paul, has standing to bring the suit since if the gift fails the assets would revert to the estate. The court also rejected the claim that the executor lacks standing  because Dr. Chu would have left his assets to another Catholic charity if they were not left to the Legion. The magistrate concluded:

All in all, through this muddle, one thing clearly emerges: the record in this case has more than sufficient evidence from which a fact finder could conclude that, absent the influence of The Legion, Dr. Chu’s beneficiary for some or all of his annuities would not necessarily have been another Catholic charity. Accordingly, I find that there is a genuine fact dispute regarding Dr. Chu’s charitable intent.

Examiner reports on the decision.

UPDATE: The federal district court issued an order on Feb. 26, 2014 adopting the magistrate's report and recommendation. (AP).

10th Circuit Rules For Native American Inmate In Cogent Review Of RLUIPA's Requirements

In a highly articulate 31-page opinion by Judge Gorsuch in Yellowbear v. Lampert, (10th Cir., Jan. 23, 2014), the U.S. 10th Circuit Court of Appeals yesterday reviewed each element of a RLUIPA prisoner's rights claim and reversed the trial court's summary judgment against a Native American inmate. Here is the court's description of the case:

Andrew Yellowbear will probably spend the rest of his life in prison. Time he must serve for murdering his daughter. With that much lying behind and still before him, Mr. Yellowbear has found sustenance in his faith. No one doubts the sincerity of his religious beliefs.... 

That takes us to the nub of our case. Mr. Yellowbear, an enrolled member of the Northern Arapaho Tribe, seeks access to the prison’s existing sweat lodge to facilitate his religious exercises. The prison has refused. The prison’s sweat lodge is located in the general prison yard and Mr. Yellowbear is housed in a special protective unit (not because of any disciplinary infraction he has committed, but because of threats against him). Prison officials insist that the cost of providing the necessary security to take Mr. Yellowbear from the special protective unit to the sweat lodge and back is “unduly burdensome.” Mr. Yellowbear disagrees and seeks relief under RLUIPA. For its part, the district court discerned no statutory violation and entered summary judgment against Mr. Yellowbear. Mr. Yellowbear asks us to undo that judgment so that his case might proceed to trial.

At the end of the day, we find that’s exactly the relief we must provide.

AP reports on the decision.

Litigation Resumes Over Insurance Coverage In Milwaukee Archdiocese Bankruptcy

As the Catholic Archdiocese of Milwaukee completes work on its plan of bankruptcy reorganization, litigation over insurance coverage resumes with competing court filings.  The Milwaukee Journal-Sentinel reports that the Archdiocese filed suit yesterday in federal bankruptcy court seeking to recover reimbursement from OneBeacon Insurance Co. for over $2.6 million in legal fees incurred defending claims that the Archdiocese allowed priests who were known sexual abusers to have access to children. In litigation begun before the Archdiocese filed for bankruptcy, two state lower courts had ruled that the claims against the Archdiocese fell under the policy exclusion for intentional acts. The Archdiocese appealed those rulings to the Wisconsin Supreme Court, but before that court could decide the appeal the bankruptcy petition was filed and an automatic stay on litigation was triggered. Yesterday, OneBeacon Insurance Co. filed a motion asking the bankruptcy court to lift the automatic stay and allow the state Supreme Court to decide the matter.

Muslims Want Florida Prisons To Offer Halal Meals

Now that the Justice Department has won a preliminary injunction from a federal district court ordering Florida prisons to make kosher meals available by July 1 to all prisoners with a sincere religious basis for keeping kosher (see prior posting), Muslim groups are asking for Halal meals as well. In a press release yesterday, CAIR-Florida said:

We welcome the decision [on kosher food] as an important step in protecting religious rights of incarcerated individuals. It is only fair and equitable that if Jewish inmates receive kosher food, as they should, that Muslim inmates have access to halal meals. Muslim businesses in our state stand ready to offer the advice and services needed to provide halal meals to inmates.

According to the Huffington Post, Halal prison meals would cost only about one-third of the cost of kosher meals.

Jury Awards $12.5 M Damages Against Florida Baptist Convention In Sex Abuse Case

Baptist Press (Jan. 21) reports that last week, after a 6-day trial on damages, a Lake County, Florida jury awarded damages of $12.5 million against the Florida Baptist Convention to a man who was molested by a former church planting pastor.  In 2005, Douglas Myers, pastor of Triangle Community Church in Eustis, Florida sexually abused 13-year old Christopher Edwards. Myers has completed a 7-year prison sentence for that offense, and has subsequently been sentenced by Maryland courts for other earlier custodial child abuse offenses.  The attorney for Florida Baptist Convention says he is confident that the civil jury verdict will be overturned on appeal because the pastor was never an employee of the Florida Baptist Convention.

Virginia's Attorney General Will Not Defend State's Ban On Same-Sex Marriage

In an NPR interview, Virginia's newly-elected Attorney General, Mark Herring, says that his office will no longer defend the state's ban on same-sex marriage. He has concluded that the ban violates the federal equal protection clause. The state's solicitor general will tell a federal court next week that the state is joining the plaintiffs in Bostic v. Rainey, a case challenging the constitutionality of Virginia's same-sex marriage ban. According to the Washington Post, defendants in the case include two county clerks who are represented by separate counsel, so there will still be a defense of the Virginia law presented.

Provisions On Religion In Draft Tunisian Constitution Provoke Intense Debate

In Tunisia, the National Constituent Assembly is debating the draft of a new Constitution. According to Tunisialive (Jan. 21): "After each article attains a majority vote, the document as a whole will be put to a vote in the assembly, with a two-thirds supermajority required for its adoption. If this is not attained, the constitution must face a popular referendum." (English translation of provisions adopted by Jan. 21.)

Debate over Art. 6 on the relationship between religion and state has been particularly heated, leading one Assembly member to faint on Tuesday night after standing and repeatedly shouting "Allahu Akbar" (God is great).  Tunisialive (Jan. 22) reported on the sequence of events leading up to this:

Article 6, as passed originally, says the "state protects religion, guarantees freedom of belief and conscience and religious practices, protects sanctities, and ensures the neutrality of mosques and places of worship from partisan instrumentalisation." ...

The text was then amended, however, on January 5 after a dispute between leftist member Monji Rahoui and Islamist member Habib Ellouz, with the latter calling Rahoui an "enemy of Islam" while on a radio program. Rahoui claimed the remark caused him to receive death threats. The assembly then amended Article 6 to include a ban on takfir, or accusing someone of being a nonbeliever, and as well as a ban on "inciting violence."

The amendment was condemned by many religious conservatives, who sought a similar ban on insulting religion, moving lawmakers last night to suggest a compromise amendment, which would commit the state to "protect sanctities from all assault and ban takfir and incitement to hatred and violence."

(See prior related posting.)

U.S. Military Issues New Policy On Religious Accommodation

The Department of Defense yesterday adopted a revised policy on religious accommodation in the military by issuing significant amendments to Department of Defense Instruction 1300.17 on Accommodation of Religious Practices Within the Military Services. (Full text of amended Instruction.).  The new policy provides generally that the Department of Defense places a high value on the rights of military personnel "to observe the tenets of their respective religions or to observe no religion at all." It then sets up elaborate criteria for determining whether to grant an exemption from a military rule on religious grounds:

• A request for religious accommodation will be promptly granted if it will not affect mission accomplishment.
• Where an accommodation would affect mission accomplishment, the "compelling interest"-"least restrictive means" standard of RFRA will be used if the military requirement involved "substantially burdens" a service member's exercise of religion.
• Where mission accomplishment is affected and the military policy does not impose a substantial burden, an exemption from it on religious grounds will be denied whenever the needs of mission accomplishment outweigh the needs of the service member.

The directive specifically envisions that accommodations may include matters of grooming and appearance (including hair length), religious tattoos or religiously motivated body piercings. However, in defining when the military has a "compelling interest" in enforcing a policy, the directive provides:

DoD has a compelling government interest in ... elements of mission accomplishment such as military readiness, unit cohesion, good order, discipline, health, and safety, on both the individual and unit levels. An essential part of unit cohesion is establishing and maintaining uniform military grooming and appearance standards.

Wall Street Journal reports on the new policy.

Suit Challenges Blatant Promotion of Christianity In Louisiana School

The ACLU of Louisiana announced yesterday that it has filed a federal lawsuit against a western Louisiana parish school board on behalf of a married couple and their children/ stepchildren alleging that blatant promotion of Christianity by a Negreet (LA) school violates the Establishment Clause.  One of the plaintiffs, the mother, has been a practicing Buddhist for 14 years and the lawsuit focuses particularly on harassment by the school of her 6th-grade son who is of Thai descent and a life-long Buddhist. The complaint (full text) in Lane v. Sabine Parish School Board, (WD LA, filed 1/22/2014) alleges in part:

[S]chool officials have a longstanding ... practice of promoting and inculcating Christian beliefs by sponsoring religious activities, as well as conveying religious messages to students.... [A]t Negreet, which serves students in kindergarten through twelfth grade, teachers ask students for professions of faith in class. At least one science teacher treats the Bible as scientific fact, telling students that the Big Bang never happened and that evolution is a “stupid” theory that “stupid people made up because they don’t want to believe in God.” Paintings of Jesus Christ, Bible verses, and Christian devotional phrases adorn the walls of many classrooms and hallways.... And staff members routinely lead students in Christian prayer....

[W]hen ... C.C..... enrolled in the sixth grade ..., he quickly became the target of proselytizing and harassment by one of his teachers ... who ... told her students that [C.C.'s] faith, Buddhism, is “stupid.”

[When C.C.'s parents complained] ... the Sabine Parish Superintendent of Schools ... told the Lanes that “[t]his is the Bible Belt” and that they would simply have to accept that teachers would proselytize students. She also asked whether C.C. had to be raised as a Buddhist and whether he could “change” his faith, and she suggested that C.C. transfer to another district school – more than 25 miles away where, in her words, “there are more Asians.”

In addition to filing suit, the ACLU plans to file complaints with the Department of Education and Department of Justice.

Indian Government Gives Jains Formal Minority Status

Business Standard and Times of India report that on Monday India's Cabinet granted a long-standing demand of the Jain community and formally declared Jains to be India's sixth minority community. (Muslims, Christians, Sikhs, Buddhists and Zoroastrians already have that status.) The move will allow Jains to share in government funds allocated for welfare programs and scholarships for minority communities, and will allow Jains to manage their own educational institutions. The move could also raise again the debate over whether Sikhs, Jains and Buddhists should have their own Personal Laws in India. Currently under a provision in the Constitution they are subject to the Hindu Personal Law.

New York City Settles Discrimination Suit Over Modest Dress Signs In Hasidic-Owned Stores

Yesterday the New York City Commission on Human Rights settled a suit it had filed in August 2012 against seven businesses in the Williamsburg section of Brooklyn charging them with religious and gender discrimination. The businesses, owned by Hasidic Jews,  posted signs calling for modest dress by those entering the store.  Failed Messiah blog reports that under the proposed settlement agreement the Commission says it will drop its charges and store owners will agree that if they post signs in their windows, they will say that while modest dress is appreciated, everyone is welcome to enter free from discrimination. The stores' attorney says that the exact wording of future signs is still being worked out. (See prior related posting.)

Jehovah's Witness Sues Former Employer Saying Requirements Violated Her Belief In Predetermination

Nexstar Broadcasting reports on a lawsuit filed in federal district court in Pennsylvania by Sharon Shepard, a Jehovah's Witness, who claims that the was fired on religious grounds by Gannondale, a residential care facility for young women in Erie (PA). Shepard, who was employed as a bookkeeper, claims she was required to attend meetings where she was supposed to work on growth and change. She says, however, that her religion believes in predetermination.

Suit Challenges Florida's Ban On Same-Sex Marriage

Yesterday Equality Florida Institute and six same-sex couples who were denied Florida marriage licences in Miami-Dade County filed suit in state court in Florida challenging state constitutional and statutory provisions that prevent same-sex couples from marrying in the state.  The complaint (full text) in Pareto v. Ruvin, (FL Cir. Ct., filed 1/21/2014), contends that these restrictions violate the due process and equal protection clauses of the U.S. Constitution's 14th Amendment. Equality Florida Institute and the National Center for Lesbian Rights issued a press release announcing the planned filing of the lawsuit. Liberty Counsel in a press release said it would help defend the Florida Marriage Protection Amendment which "affirms the natural created order of marriage...."

Obama To Visit The Vatican In March

According to NBC News, the White House announced today that President Barack Obama will meet with Pope Francis at the Vatican on March 27. The President's visit to the Vatican will be part of a trip to Europe which also involves meetings in the Netherlands, Belgium and Italy. A White House statement says in part: "The president looks forward to discussing with Pope Francis their shared commitment to fighting poverty and growing inequality." Secretary of State John Kerry visited the Vatican on Jan. 14 to meet with his counterpart Secretary of State of the Holy See Pietro Parolin. (State Department press release.)

States Concerned Over Costs and Demand For Prison Kosher Food

Today's New York Times carries a front page story titled You Don’t Have to Be Jewish to Love a Kosher Prison Meal, focusing on the added cost to prison systems of serving kosher food ($7 per day vs. $1.54 in Florida) and the feigning of Jewish religious beliefs by some inmates in order to be placed on kosher diets:

Some states, like New York, do nothing to try to discern who is feigning Jewishness. In California, inmates talk with a rabbi who will gauge, very generally, a prisoner’s actual interest. 

But some Jewish groups in Florida are pushing for greater control, which may pose a difficult legal hurdle.

NY Appeals Court: Religious Tract Given Defendant By Deputy Sheriff Does Not Lead To Mistrial

In People of the State of New York v. Robles, (NY App. Div., Jan. 16, 2014), a New York intermediate appellate court held that a lengthy colloquy which the trial judge had with defendant charged with burglary and robbery sufficiently protected defendant's right to decide whether or not to testify at trial, despite improper conduct by a deputy sheriff.  As recounted by the court:

As defendant was being transported from the courtroom to the jail at the conclusion of the second day of trial, a deputy sheriff slipped a religious tract [created by Ten-Four Ministries] into defendant's pocket. The document acknowledged defendant's legal right to remain silent, but exhorted him to forgo that right and confess. "Yes, you have the right to remain silent," it stated. "You have the right to remain in your sins. But please don't. Your conscience testifies against you. Confess your sins . . ." or "spend eternity in a prison called hell." When the parties appeared before Supreme Court the following day, defense counsel moved for a mistrial, arguing that the deputy's actions constituted official interference with defendant's decision on whether to testify.

At trial, defendant did not testify, but was convicted and sentenced to 18 years in prison.  Courthouse News Service reports on the decision.

Maldives President Refuses To Sign Sexual Offenses Bill Because of Conflicts With Shariah Law

Minivan News reported last week that in the Maldives President Abdulla Yameen returned to the parliament (People's Majlis) for reconsideration a Sexual Offenses Bill passed in late December by a vote of 67-2.  The President sent parliament a 46-page memo (full text in Dhivehi) setting out concerns the Attorney General had raised about the bill, including that some of the provisions are contrary to Islamic Shariah. After the Majilis passed the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef criticized the bill as inconsistent with Islamic law because it categorized as rape non-consensual intercourse with one's wife while divorce or dissolution proceedings are pending, during a mutually agreed separation, or in order to intentionally transmit a sexually transmitted disease. Dr. Iyaz said: "With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need," even if the woman has filed for divorce. Also, he said, the woman's consent would not be needed when after a conditional divorce the man decides to renew the marriage during the waiting period.

Oregon Agency Says Bakery Discriminated In Refusing To Furnish Cake For Same-Sex Wedding

The Oregonian reports that last Friday the state of Oregon Bureau of Labor and Industries found substantial evidence that a Gresham, Oregon bakery-- Sweet Cakes by Melissa-- violated Oregon's public accommodations anti-discrimination law (ORS 659A.403) when the bakery refused a year ago to furnish a cake for a lesbian couple's wedding.  The bakery owners said doing so would violate their Christian religious beliefs.  Under Oregon law, the finding leads to an informal conciliation process. If that does not result in a settlement, the state agency can bring charges before an administrative law judge. (See prior related posting.)

Today Is Martin Luther King Jr. Day

Today is Martin Luther King Jr. Day.  Last week President Obama issued a Presidential Proclamation (full text) formally declaring January 20, 2014, as the Martin Luther King, Jr., Federal Holiday. The Proclamation reads in part:

During his lifelong struggle for justice and equality, the Reverend Dr. Martin Luther King, Jr., gave mighty voice to the quiet hopes of millions, offered a redemptive path for oppressed and oppressors alike, and led a Nation to the mountaintop. Behind the bars of a Birmingham jail cell, he reminded us that "injustice anywhere is a threat to justice everywhere." On a hot summer day, under the shadow of the Great Emancipator, he challenged America to make good on its founding promise, and he called on every lover of freedom to walk alongside their brothers and sisters.

Meanwhile MLK biographer Stewart Burns has published a new book, Cosmic Companionship, a narrative anthology of Dr. King’s spiritual teaching. (Press release.)

Looming in the background of Dr. King's memory are at least two lawsuits involving family and friends tussling over rights to his papers and words. In a suit filed in August 2013, described by Mother Jones, the King estate (controlled by King's sons Martin III and Dexter) sued the King Center (controlled by King's daughter Bernice). The suit complains about the Center's storage and care of King's property and threatens to terminate the Center's license to use King's intellectual property. In a second lawsuit filed in October (as reported by the New York Times) 86-year old Harry Belafonte sued all three of King's surviving children over three documents of Dr. King's that Belafonte says were given to him by King, King's widow and a close aide. However when Belafonte attempted to auction off the documents for charity through Sotheby's, the King estate wrote Sotheby's challenging Belafonte's ownership of the documents. So Belafonte has sued in a New York federal district court asking for the court to declare him the owner of the documents.

Recent Articles of Interest

From SSRN:

• Dalma Demeter & Thilini Perera, Religious Influences Over Arbitral Proceedings: Personalising or Jeopardising Justice?, (Patricia Easteal (ed.), Justice Connections (2013, Cambridge Scholars Publishing, UK)).
• Marco Ventura, Dynamic Law and Religion in Europe: Acknowledging Change: Choosing Change, (Robert Schuman Centre for Advanced Studies Research Paper 2013/ 91 (Dec. 1, 2013)).
• Upankar Chutia, Natural Law Theory and Its Influence in Indian Laws Relating to Fundamental Rights (Article 14, 19 and 21) and Case Laws Relating to It, (January 3, 2014).
• Michael Stokes Paulsen, Is Religious Freedom Irrational? Reviewing Why Tolerate Religion? By Brian Leiter. (Princeton University Press 2013), (Michigan Law Review, 2014, Forthcoming).
• Charles J. Reid, Tradition in Revolution: Harold J. Berman and the Historical Understanding of the Papacy, (Rechtsgeschichte - Legal History, Rg. 21, pp. 219 – 223, 2013).
• Pasquale Annicchino, The New Guidelines on Freedom of Religion and LGBTI Rights in the External Action of the European Union, (European Human Rights Law Review, 6, 2013, pp. 624-630).
• Spencer Churchill, Duty or Dignity? The Clash of Originalist and Liberal Perspectives on Corporate Free Exercise, (September 20, 2013).
• Victor C. Romero, Reading (into) Windsor: Presidential Leadership, Marriage Equality, and Immigration Policy, (Southern California Review of Law and Social Justice, Vol. 23:1, pp. 1-28 (2013)).

Ohio Appeals Court: Congregants' Claims For Accounting for Church Funds Properly Dismissed

Smith v. White, (OH App., Jan. 17, 2014) is a suit by 36 members of the Mt. Carmel Baptist Missionary Church (including deacons and trustees) charging the pastor with breach of fiduciary duty and charging the pastor along with other church officials with conversion; civil conspiracy; unjust enrichment; fraud; and breach of contract. The suit alleged  wrongful concealment of the misappropriation of church funds, including those in the pastor's retirement account, and sought an accounting. In this opinion by an Ohio appellate court the majority affirmed the trial court's conclusion that it lacked jurisdiction over the claims because of 1st Amendment considerations, saying:

Although we have some doubt that a request for an accounting of finances necessarily implicates whether a pastor should be removed for misconduct, we are required to follow our prior decision on the basis of stare decisis, which “is designed to provide continuity and predictability in our legal system.” ...Matters of ecclesiastical abstention are often not clear-cut, and the depositions of the parties (although not cited by the trial court) do indicate a desire to remove the pastor – which implicates an ecclesiastical decision.

The majority also refused to apply a fraud or collusion exception, and concluded as well that plaintiffs had failed to follow internal church procedures to deal with their complaints.

Judge Froelich dissented in part concluding that the court should hear the claims for fraud and for an accounting because "an accounting and whether certain defendants subjectively sought to defraud the plaintiffs are impartial, objective concepts, detached from any ecclesiastical concerns."

Two Women Charged With Murder After Purported Exorcism

In Germantown, Maryland, two women have been charged with first degree murder and attempted murder in the fatal stabbing of two children (ages 1 and 2) and the serious wounding of two others (ages 5 and 8) while attempting to perform an exorcism Thursday night or Friday morning. According to yesterday's  Washington Post, one of the women charged is the children's mother (28 year old Zakieya Avery) and the other is a 21 year old woman (Monifa Sanford) who lived with the family. Police said that the women saw the enemy as the Devil and were trying to release something bad they believed was affecting the children.

Recent Prisoner Free Exercise Cases

In State of New Mexico ex rel Peterson v. Aramark Correctional Services, LLC, (NM App., Jan. 15, 2014), a New Mexico appeals court held that an inmate's prior suit under the state Religious Freedom Restoration Act did not bar on issue preclusion or claim preclusion grounds a qui tam action under the state Fraud Against Taxpayers Act against the company that had a contract to provide prison meals.

In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 5222 (SD OH, Jan. 15, 2014), an Ohio federal magistrate judge recommended denying a Jewish inmate's summary judgment motion because of factual questions about whether plaintiff's beliefs in keeping kosher and not using a microwave on Saturdays are sincerely held. The court also denied summary judgment on plaintiff's complaint that meat and dairy were served together to him in the same meals.

In Dixie v. Virga, 2014 U.S. Dist. LEXIS 5892 (ED CA, Jan. 15, 2014), a California federal magistrate judge recommended permitting a Muslim inmate to proceed with various of his free exercise and RLUIPA challenges to a decision to prohibit inmates in the Enhanced Outpatient Program from attending Jumu'ah prayer sessions with inmates from the General Population. Plaintiff's equal protection challenge was dismissed with leave to amend.

In Evans v. Jabe, 2014 U.S. Dist. LEXIS 6454 (ED VA, Jan. 17, 2014), a Virginia federal district court dismissed a Muslim inmate's complaint that his free exercise and RLUIPA rights were infringed when in a lock down period that occurred during Ramadan 2010, six times breakfast trays were incomplete or not timely.

In Cohen v. Wagner, 2014 U.S. Dist. LEXIS 6426 (ED PA, Jan. 16, 2014), a Pennsylvania federal district court dismissed, with leave to amend, a Jewish inmate's complaint that the food he was served was not kosher and that his religious text (Tanach) was destroyed.

Egyptian Voters Approve New Constitution By 98.1% Vote

Egypt's new constitution has been approved by 98.1% of the voters in Egypt according to an announcement by the Supreme Electoral Committee. Ahram Online reports the official voting statistics.  38.6% of Egypt's 53.4 million voters voted in the Jan. 14-15 referendum, with 19,985,389 voters voting "Yes".  Expatriates (who voted between Jan. 8 and 12) also approved the constitution by a 98.1% vote with 15.7% of the 64,000 registered voting. Wikipedia has a more detailed breakdown of the voting data. Nabil Salib, head of the Supreme Electoral Committee said: "Now that God has supported us in legalizing our constitution, we ask for his aid in achieving the remaining two stages of the road map: the presidential and parliamentary elections." (RT News). The outlawed Muslim Brotherhood refuses to recognize the legitimacy of the vote.

U.S. Secretary of State John Kerry issued a statement yesterday saying in part: "The draft Egyptian constitution passed a public referendum this week, but it's what comes next that will shape Egypt’s political, economic and social framework for generations." The New York Times yesterday reported on election results and U.S. reaction. This prior posting sets out the provisions in the new constitution relating to religion and state.

Objections To ".kosher" Top Level Domain Name Rejected

Earlier this week, the International Chamber of Commerce issued an "Expert Determination" rejecting objections to the application by Kosher Marketing Assets for rights to the new Internet general top level domain name ".kosher". In Union of Orthodox Jewish Congregations of America v. Kosher Marketing Assets, L.L.C., (Intl. Chamber of Commerce, Jan. 14, 2014), the expert acting under ICANN rules issued an opinion rejecting objections by the Union of Orthodox Jewish Congregations, and backed by 11 other kosher certification organizations.  Objectors' primary concern was that the domain would promote only one certifying agency, OK Kosher, and products certified by it, and would thereby "usurp the communal word ‘kosher’, such that it will become exclusively associated with KMA and OK Kosher in the minds of food manufacturers and consumers."  The Expert disagreed, saying in part:

having regard to the assurances given by the Applicant and to the current safeguards, ...  there is today no serious ground for the accusation that the Application is designed to confer “monopoly status” on the Applicant over “.kosher” domain names and to permit the Applicant to engage in “exclusionary practices”, or in any event that it could lead to such a result. Nor does it seem likely that upholding the Application would lead to a “usurpation” of kosher by the Applicant or, more simply, that the Objector will not be permitted to register a domain under “.kosher”.

BNA Electronic Commerce & Law Report [subscription required] reports on the decision.

Vatican Reports To U.N. Committee on Priest Abuse; Releases New Data On Priests Defrocked

On Thursday, Archbishop Silvano Tomasi, the Vatican's Permanent Observer to the United Nations in Geneva, made a presentation (full text) to the U.N. Committee on the Convention of the Rights of the Child. AP reports:

the Holy See was interrogated for eight hours about the scale of [clergy sex] abuse and what it was doing to prevent it.

Vatican Radio, on Thursday interviewed  Bishop Charles Scicluna about the U.N. hearing. Scicluna described the hearing as "grueling," but said:

I think that we put out in a very clear, coherent way to the international community that the Holy See “gets it”....

Meanwhile, AP reported yesterday that in an annual report just released, the Vatican says that Pope Benedict XVI defrocked 260 priests in 2011 and 124 in 2012 in the Church's reaction to clergy sex abuse. Responding yesterday to the newly disclosed numbers, SNAP (Survivors Network of Those Abused by Priests) issued a press release criticizing the Vatican, saying: "The Vatican's focus should be on prevention, not on damage control on the tail end after a priest, nun, seminarian, brother or bishop has already assaulted dozens of boys or girls."Abuse

Washington Archdiocese Files Cert Petition Before DC Circuit Appeals Court Rules On Contraceptive Mandate Challenge

Last week, the Washington, D.C. Catholic Archdiocese filed a petition for certiorari (full text) with the Supreme Court, asking the high court to review the D.C. federal district court's decision on the Affordable Care Act contraceptive coverage mandate without waiting for a decision from the Court of Appeals for the D.C. Circuit.  The petition in Roman Catholic Archbishop of Washington v. Sebelius, (filed 1/8/2014) argues that the case involves issues of imperative public importance already before the court in other cases. In the case, the federal district court issued an opinion upholding the challenge to the compromise for religious non-profits as to one of the plaintiffs, but not for the others. (See prior posting.)

Federal Court Refuses To Reconsider Abstention In South Carolina Episcopal Church Dispute

In vonRosenberg v. Lawrence, (D SC, Jan. 15, 2014), a South Carolina federal district court denied a motion for reconsideration of its August 2013 decision to abstain and decline jurisdiction over a trademark infringement case growing out of the controversy between a large break-away portion of the Episcopal Diocese of South Carolina and the smaller number of parishes that remain loyal to The Episcopal Church.  The court there held that the trademark dispute is part of a larger dispute over ownership of the Diocese's property being litigated in state court.  In denying reconsideration, the court said that the motion is based merely on disagreement with the court's earlier abstention ruling. TitusOneNine blog discusses this week's decision from the perspective of break-away churches. [Thanks to John Chilton for the lead.]

Russia Is Digitizing Disputed Jewish Book Collection

As previously reported, last year the Russian State Library and the Russian Culture Ministry instituted a lawsuit against the U.S. Library of Congress in the Moscow Arbitration Court to obtain return of seven books on loan to the Library from Russia.  The books are part of one of two expropriated collections of valuable Jewish religious books and manuscripts which U.S. courts have ordered the Russian government to return to Chasidei Chabad of United States. Interfax reported yesterday that a preliminary hearing in the Moscow court has been adjourned because the court has not yet received a reply receipt indicating that the court papers were received by the Library of Congress. Interfax disclosed that 4,500 books from one of the collections, the Schneerson collection, that are stored at the Russian State Library are currently being inventoried, scanned and digitized at the rate of 500 to 700 books per month. Russia and the Russian branch of Chabad want the Schneerson collection to remain in Moscow's Jewish Museum and Tolerance Center, a museum controlled by Chabad. The U.S. Chabad organization wants the books returned to them in the United States. (See prior posting.)

Florida Counties' Schools Allow Bible Distribution For Religious Freedom Day

In Orange and Collier counties in Florida yesterday, public schools marked Religious Freedom Day by allowing the the Florida Family Policy Council and World Changers of Florida to distribute Bibles to high school students under the schools' policy on outside distribution of materials.  The Orlando Sentinel reports that softcover and hardcover New International Version Bibles were placed by volunteers on unmanned tables in accessible locations where students could pick them up. A lawsuit by the Central Florida Freethought Community was filed last year when Orange County school officials only permitted the group to make some of its literature available for students. (See prior related posting.)

Spokane Diocese Suing Its Bankruptcy Lawyers For Malpractice

AP reported on Wednesday that the Catholic Diocese of Spokane has refiled in federal bankruptcy court its bankruptcy malpractice lawsuit against the law firm of Paine Hamblin and two lawyers who were members of the firm. The firm handled the reorganization of the diocese that began with bankruptcy filings in 2004 and ended in 2007 after a $48 million settlement with 175 abuse victims. (See prior posting.)  The malpractice suit seeking return of millions of dollars in legal fees and more millions of dollars in damages was originally filed in 2012, but dismissed on technical grounds. The 2012 suit was described by the Spokane Spokesman-Review:

The diocese... says ... that bankruptcy lawyers Shaun Cross and Greg Arpin failed to explore other means of ending the abuse scandal ... [and] blames the lawyers for writing a bankruptcy plan that failed to assess and adequately fund the risk of new claims, which nearly forced the foreclosure of churches. The lawsuit also accuses the attorneys of a conflict of interest, in shielding former Bishop William Skylstad from testifying in the first civil trial alleging sex abuse by filing for bankruptcy on the eve of that suit.

The law firm says it provided excellent representation in guiding the diocese out of a crisis that included over 180 clergy sex abuse claims.

Today Is Religious Freedom Day

Today is Religious Freedom Day, the anniversary of the passage in 1786 of the Virginia Statute for Religious Freedom.  President Obama yesterday issued a Proclamation (full text) which urged "every country to recognize religious freedom as both a universal right and a key to a stable, prosperous, and peaceful future." The Proclamation also reads in part:

The Virginia Statute for Religious Freedom, penned by Thomas Jefferson, declared religious liberty a natural right and any attempt to subvert it "a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either." The Statute inspired religious liberty protections in the First Amendment, which has stood for almost two and a quarter centuries.

Today, America embraces people of all faiths and of no faith. We are Christians and Jews, Muslims and Hindus, Buddhists and Sikhs, atheists and agnostics. Our religious diversity enriches our cultural fabric and reminds us that what binds us as one is not the tenets of our faiths, the colors of our skin, or the origins of our names. What makes us American is our adherence to shared ideals -- freedom, equality, justice, and our right as a people to set our own course.

Today, Melissa Rogers and Eric Treene posted on the White House blog a tribute to Religious Freedom Day, emphasizing the importance of the Religious Land Use and Institutionalized Persons Act.

USCIRF Says US Should Raise Plight of Religious Minorities At Geneva II Syrian Peace Conference

The Geneva II, UN-backed peace conference on Syria will begin in Montreux, Switzerland on January 22. (Background.) On Tuesday, the U.S. Commission on International Religious Freedom issued a press release calling on the U.S. government "to emphasize the plight of religious minorities and the protection of religious freedom for all Syrians" during the Conference. USCIRF Chairman Robert George said:

The Alawite and Christian communities, who are not aligned with either side of the conflict, are inadequately represented by the opposition coalition and the Assad regime does not represent their concerns. The United States needs to work to ensure their views are considered and heard.

Chicago Archdiocese Releases Files on 30 Priests In Settlement of Abuse Lawsuits

AP reports that yesterday the Catholic Archdiocese of Chicago released 6000 pages of documents relating to 30 priests who have had substantiated sex abuse allegations lodged against them. The step comes as part of the settlement of suits by victims.  Lawyers for the victims say they plan to make the released files public next week.  Files on another 35 priests who have had substantiated abuse complaints against them have not been released because they were not the subject of the lawsuits that were settled.  The Archdiocese plans to develop a process for release of these additional documents. The Archdiocese yesterday posted a statement about the document release on its website.

UPDATE: The law firm of Jeff Anderson & Associates has now posted the released documents here.

Moroccan King Asks Muslims and Jews To Pray For Rain

JTA reported this week that in Morocco as the country faces a possible drought, King Mohammed VI is covering all of his bases. He requested that prayers for rain be recited both in mosques, and synagogues in the country.  Last Friday Muslims prayed for rain, and on Saturday Jews in Moroccan synagogues did likewise in response to a statement from the Council of Israelite Communities in Morocco asking Jewish worshipers to pray so that God may "spare our country and help His Highness the King."

7th Circuit Allows Notre Dame Students To Intervene In Appeal of Contraceptive Mandate Rule Challenge

The Chicago Tribune reported this week that the U.S. 7th Circuit Court of Appeals has granted a motion filed earlier this month by three female Notre Dame University students seeking to intervene anonymously in the appeal by Notre Dame of the ruling requiring it to comply with the Affordable Care Act contraceptive coverage mandate final rules relating to religious non-profits. (Memorandum supporting motion to intervene.) The 3 students say that their access to contraceptives turns on the outcome of the case.

Pastor Loses Claim That Oklahoma License Plates Force Him To Display Image That Violates His Beliefs

In Cressman v. Thompson, (WD OK, Jan. 14, 2014), a Oklahoma federal district court rejected plaintiff's 1st Amendment compelled speech challenge to the design of Oklahoma license plates.  The plates carry an image of a Native American shooting a bow-and-arrow.  Plaintiff, a United Methodist pastor, claims the image is that of the Sacred Rain Arrow statue and conveys a message contrary to his Christian religious beliefs. He argues that the statue retells the story of a Native American who believes in sacred objects, multiple deities, the divinity of nature and the ability to use sacred objects to convince gods to change nature. The court ruled however that:

a reasonable observer would not be likely to conclude that an identifiable message was conveyed simply from the inclusion of the image on the standard state license plate. Without further research, it is simply a depiction of an Indian shooting a bow and arrow. A reasonable observer, even one living in Oklahoma, would not be likely to know of Allen Houser’s intentions or thoughts in creating the “Sacred Rain Arrow” statue or of the legend behind it, even if the observer assumed the image was an exact replica of the statue. The average Oklahoman or other reasonable observer is unlikely to have seen the specific background information plaintiff submitted or to have made the connection to the plate that plaintiff relies on.

AP reports on the decision. (See prior related posting.)

Supreme Court Hears Oral Arguments In Abortion Clinic Buffer Zone Case

The U.S. Supreme Court this morning heard oral arguments in McCullen v. Coakley, a case challenging on free speech grounds a Massachusetts law creating a 35-foot buffer zone around abortion clinics to shield women entering the clinics from abortion opponents.  The law allows only clinic employees acting within the scope of their employment to be on sidewalks within the buffer zone. The full transcript of the oral arguments is now available. SCOTUSblog has a recap of the arguments, as well as well as a case page with links to all the briefs, the lower court opinion and other information.

American Atheists Sue Over Oklahoma Capitol Ten Commandments

On Monday, the American Atheists filed a federal court lawsuit against the Oklahoma State Capitol Preservation Commission challenging the Ten Commandments monument erected in 2012 on the Oklahoma State Capitol Grounds. (Press release.)  The complaint (full text) in American Atheists Inc. v. Thompson, (WD OK, filed 1/13/2014) includes a lengthy analysis of the text and design of the display.  The ACLU has previously filed a state court lawsuit challenging the monument (see prior posting). In December, the State Capitol Preservation Commission placed a moratorium on new applications to erect monuments on the capitol grounds as proposals to put up competing monuments proliferated. (See prior posting.) In its complaint, American Atheists says that if it loses its bid to have the Ten Commandments removed, it will also seek permission to place a monument on the capitol grounds. KRMG News reports on the lawsuit.

Federal District Court Strikes Down Oklahoma Same-Sex Marriage Ban; Stays Effectiveness of Decision

In Bishop v. United States, (ND OK, Jan. 14, 2014), an Oklahoma federal district court, in a 68-page opinion, held that the provision in the Oklahoma constitution barring same-sex marriage in the state violates the equal protection clause of the U.S. Constitution. After a lengthy discussion of the justifications for the ban offered by the state, the court said:

Equal protection is at the very heart of our legal system and central to our consent to be governed. It is not a scarce commodity to be meted out begrudgingly or in short portions. Therefore, the majority view in Oklahoma must give way to individual constitutional rights. The Bishop couple has been in a loving, committed relationships for many years. They own property together, wish to retire together, wish to make medical decisions for one another, and wish to be recognized as a married couple with all its attendant rights and responsibilities. Part A of the Oklahoma Constitutional Amendment excludes the Bishop couple, and all otherwise eligible same-sex couples, from this privilege without a legally sufficient justification.

The court however-- with an eye on the stay granted by the U.S. Supreme Court to a similar Utah federal district court decision-- granted a stay of its injunction against enforcing Oklahoma's provision pending disposition of any appeal to the 10th Circuit. The court dismissed on standing grounds plaintiffs' challenges to provisions in the Oklahoma constitution and DOMA precluding recognition in the state of same-sex marriages performed elsewhere. The Los Angeles Times reports on the decision.

Rezoning For Catholic Senior Housing Project Is Not Establishment Clause Violation

In Foothill Communities Coalition v. County of Orange, (CA App., Jan. 13, 2014), a California appellate court held that creating a new zoning district for a large parcel of land owned by the Catholic Diocese of Orange to allow the diocese to build a senior housing project was not an Establishment Clause violation. The court rejected the argument that a land use approval equals a preference if the landowner is a religious organization.

Report Surveys Levels of Governmental and Social Hostility Toward Religion Worldwide

The Pew Research Center yesterday issued its latest in a series of reports on "the extent to which governments and societies around the world impinge on religious beliefs and practices." Titled Religious Hostilities Reach Six-Year High, the 90-page report analyzes both social hostility toward religion and government restrictions on religion. The Report found:

The share of countries with a high or very high level of social hostilities involving religion reached a six-year peak in 2012.... A third (33%) of the 198 countries and territories included in the study had high religious hostilities in 2012,.... The share of countries with a high or very high level of government restrictions on religion stayed roughly the same in the latest year studied. About three-in-ten countries in the world (29%) had a high or very high level of government restrictions in 2012....