Westboro Baptist Attempt To Intervene In Same-Sex Marriage Case Again Rejected

In Marie v. Moser, (D KA, Dec. 18, 2014), a Kansas federal district court for a second time (see prior posting) refused to allow Westboro Baptist Church to intervene as a party in a lawsuit challenging the Kansas ban on same-sex marriage. The court said that WBC's arguments were based on speculation about future possible claims by same-sex couples.  WBC was allowed to continue to file amicus briefs to assert arguments it would like the court to consider.

Hawaii Supreme Court Hears Oral Arguments On Challenge To Marriage Equality Law

Yesterday the Hawaii Supreme Court heard oral arguments in McDermott v. Abercrombie, a case challenging the state legislature's authority to enact the Hawaii Marriage Equality Act of 2013. The Court, on its website, summarizes the issues:

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.” Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act. In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

An audio recording of the full oral arguments is available from the Court's website. AP reports further on the case.

Lawsuit Against Hebrew National Dismissed In State Court With No Appeal Filed

American Jewish World reported yesterday on the end of the long-running lawsuit against ConAgra Foods challenging the adequacy of its standards for kosher slaughter of the beef used in manufacturing Hebrew National hot dogs.  As previously reported, in April the U.S. 8th Circuit Court of Appeals remanded the case to state court.  Then, in a little noticed October 6 opinion (reported on at the time by American Jewish World), a Minnesota state court judge dismissed the case, saying that a civil court cannot make a judgement about whether religious standards for kosher slaughter have been met.  He added:

At bottom, the ultimate remedy for those who feel they don’t have confidence in the degree of kashrut observed in the production of [Hebrew National] products is not to purchase them.

Now the time for appeal of that dismissal has run with no appeal being filed.

Chicago Travel Agent Charged With Mail Fraud In Hajj Visa Misrepresentations

The U.S. Attorney's Office for the Northern District of Illinois yesterday announced the arrest on mail fraud charges of Chicago travel agent Rashid Minhas.  A criminal complaint charges that Minhas sold Hajj travel packages to some 50 customers for a total of $525,000, falsely representing to them that the package contained the required visa to enter Saudi Arabia. It is alleged that Minhas knew that his company, Light Star Hajj, was not authorized by Saudi Arabia to obtain visas.

Israel's High Court Approves Rabbinical Court's Retroactive Invalidation of Conversion

On Wednesday, a 3-judge panel of Israel's High Court of Justice ruled that a rabbinical court had authority to retroactively cancel a conversion of a woman to Judaism where the woman misled the rabbinical court about her intention to lead an Orthodox Jewish life style.  Times of Israel and Jerusalem Post report that the rabbinical court acted two years after approving the conversion because convert Yonit Erez completely changed her Orthodox lifestyle shortly after her conversion. Critics of the decision say there is no basis in Jewish law, short of bribery, for reversing a conversion. Reform Rabbi Uri Regev says that false promises to maintain an Orthodox lifestyle are common among converts from the former Soviet Union in Israel.

FFRF Lacks Standing To Challenge Church Filing Exemptions

In Freedom From Religion Foundation v. Koskinen, (WD WI, Dec. 17, 2014), a Wisconsin federal district court held that Freedom From Religion Foundation and its local affiliate lack standing to challenge the Internal Revenue Service's  exemption of religious organizations from filing Form 990 annual reports, while requiring most other non-profit organizations to file. FFRF had never sought a similar exemption and disavowed any intent to do so. In reaching its conclusion, the court reversed its own holding to the contrary a year ago because of the intervening 7th Circuit decision in Freedom From Religion Foundation, Inc. v Lew. (See prior posting).

Kentucky Supreme Court Defines Ecclesiastical Abstention Doctrine

In St. Joseph Catholic Orphan Society v. Edwards, (KY Sup. Ct., Dec. 18, 2014), the Kentucky Supreme Court redefined the operation of the "ecclesiastical abstention doctrine" under Kentucky law. The Court held that the doctrine is not a bar to jurisdiction, but instead operates as an affirmative defense designed to allow both churches and other religious organizations independence from secular control.  At issue in the case was a challenge by a group of St. Joseph Home alumni to the action at an annual meeting of members taken after the existing Board had been unable to muster a high enough vote to remove one of its own members accused of harassing employees.  By a resolution passed overwhelmingly, the members replaced the existing Board members and amended the bylaws to add protections against Board-member misconduct. The Court concluded that a challenge to this action involves an issue of ecclesiastical governance that is covered by the ecclesiastical abstention doctrine, and so remanded the case to the trial court for dismissal.

The practical effect of the court's procedural holding is that in the future defendants will be able to file an interlocutory appeal when a trial court refuses to apply the ecclesiastical abstention doctrine, instead of proceeding as in this case by seeking a writ of prohibition from the Court of Appeals.

Meanwhile, it appears that while the Supreme Court's decision on issuing a writ of prohibition was pending, the trial court went on with the case.  WDRB reports that on Dec. 10, the trial court dismissed the challenge to the action at the annual meeting because the ousted trustees had an opportunity to attend a second meeting at which the bylaw amendments were to be reconsidered, and they chose not to attend. This report also sheds more light on the nature of the leadership contest:

The lawsuit pitted a largely aging group of trustees – among them former residents of the Frankfort Avenue orphanage -- against a younger faction with corporate ties.

[Thanks to Tom Rutledge for the lead.]

Congress Gives USCIRF 9 More Months of Life

Earlier this week, Congress passed and sent to the President H.R. 5816 (full text), extending the life of the U.S. Commission for International Religious Freedom until Sept. 30, 2015.  The bill is retroactive to Dec. 10, the day before the Commission's current authorization expired. (See prior posting.) The White House website lists this, along with other bills awaiting the President's signature and provides an online opportunity for individuals to comment on the bill.

Group Releases 2014 World Report On Rights of Atheists and Humanists

As reported by Religion News Service, on Dec. 10 the International Humanist and Ethical Union released Freedom of Thought 2014: "A Global Report  on the Rights Legal Status and Discrimination Against Humanists, Atheists and the Non-religious." The 542-page report surveys country-by-country the rights and treatment of non-believers. The report highlights the "steady march" of militant groups such as ISIS and Boko Haram, as well as "a long-standing prohibition of 'apostasy' and 'blasphemy' associated with Islam that is perpetuated by many modern Islamic states."

White House Hosts Two Hanukkah Receptions [UPDATED POST]

President and Mrs. Obama hosted the first of two White House Hanukkah receptions late yesterday afternoon as again this year the guest list was too long for only a single reception.  In his remarks (full text), the President first discussed the freeing earlier in the day of Alan Gross who had been held by Cuba for over five years.  The traditional lighting of the menorah focused on two students and a parent from a bilingual school in Jerusalem that brings Jewish and Muslim students together. Their school was hit by arsonists two weeks ago. They built a menorah around the theme of their school's values and brought it to be used at the reception. Introducing them, President Obama said:

So Inbar and Mouran and their fellow students teach us a critical lesson for this time in our history:  The light of hope must outlast the fires of hate.

The White House posted a 10-minute video of the President's remarks and those of Rabbi  Bradley Shavit Artson who led the blessings in lighting the Hanukkah candles.

A few hours later the President hosted the second reception. (Full text of remarks.)  At this reception, a menorah from children in Yemin Orde, a village in Israel founded in 1953 to provide a safe haven to orphans and young immigrants after the Holocaust, was used.  The candles were lit by a Yemin Orde graduate, along with Dr. Adam Levine who recently returned from fighting ebola in Liberia. Manhattan Rabbi Angela Buchdahl recited the blessings.

GAO Releases Report On IRS Oversight of Tax Exempt Organizations

Yesterday, the U.S. Government Accountability Office released a 66-page report (full text) on IRS oversight of tax-exempt organizations.  The report recommended that the IRS develop better measures of enforcement performance; communicate more clearly with state charity regulators on allowed use of IRS information; and expand electronic tax-return filing for charities.

4th Circuit: Appeal of Injunction Against Sectarian County Board Prayer Fails On Procedural Grounds

In Hudson v. Pittsylvania County, Virginia, (4th Cir., Dec. 17, 2014), the U.S. 4th Circuit Court of Appeals dismissed on procedural grounds an appeal from a district court's injunction against opening County Board meetings consistently with Christian invocations.  The appeals court held that a notice of appeal filed 175 days after the district court entered summary judgment for plaintiff was untimely.  The appeals court also affirmed the district court's later post-trial award of some $53,000 in attorneys' fees. Chatham Star Tribune reports on the decision.

While this appeal was pending, the U.S. Supreme Court decided the Town of Greece case. Pittsylvania County quickly asked the district court to dissolve its injunction.  As previously reported, the district court held however that "unlike in Town of Greece, where invited clergy and laypersons offered the invocations, the Board members themselves led the prayers in Pittsylvania County."  The district court said it was willing to modify the injunction to make it consistent with the holding in Town of Greece, but it did not have jurisdiction to do so until the 4th Circuit to which the case had been appealed granted at least a limited remand.  Yesterday's affirmance of the attorneys' fee award and dismissal of the remainder of the appeal presumably does not amount to a limited remand.                                                          

Fayetteville Anti-Discrimination Law Repeal Applauded By Group As Victory For Religious Values

According to KNWA News, voters in a special election in Fayetteville, Arkansas on Tuesday voted 52% to 48% to repeal an extensive anti-discrimination law (full text) enacted by city council last August. At least one major conservative Christian group applauded the repeal as a victory for religious liberty.  Liberty Counsel in a press release yesterday said:

... Fayetteville voters repealed a law ... that required churches, Christian schools, and other para-church ministries to hire homosexuals for "secular" jobs (such as school teachers), allowed men to use women’s restrooms and locker rooms, and required Christian business owners to service "same-sex weddings."....  Mat Staver, Founder and Chairman of Liberty Counsel, said "... This ordinance sought to criminalize Judeo-Christian values."

Britain's Supreme Court Punts On Whether Narrow Abortion Law Conscience Rights Violate Religious Freedom

In Greater Glasgow Health Board v. Doogan, (UK SC, Dec. 17, 2014), the United Kingdom's Supreme Court gave a narrow interpretation to the conscience clause in Britain's Abortion Act 1967, but left open the question of whether that interpretation violates religious freedom rights or amounts to religious discrimination.  Section 4(1) of the Abortion Act provides that, with certain exceptions:

no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection....

In a suit by two Catholic midwives who worked as labor-ward coordinators, the Court held that "participate in" should be read narrowly:

It is unlikely that, in enacting the conscience clause, Parliament had in mind the host of ancillary, administrative and managerial tasks that might be associated with those acts. Parliament will not have had in mind the hospital managers who decide to offer an abortion service, the administrators who decide how best that service can be organised within the hospital..., the caterers who provide the patients with food, and the cleaners who provide them with a safe and hygienic environment. Yet all may be said in some way to be facilitating the carrying out of the treatment involved. The managerial and supervisory tasks carried out by the Labour Ward Co-ordinators are closer to these roles than they are to the role of providing the treatment which brings about the termination of the pregnancy. “Participate” in my view means taking part in a “hands-on” capacity.

However, in an important qualification, the Court said:

So, even if not protected by the conscience clause in section 4, the petitioners may still claim that, either under the Human Rights Act or under the Equality Act, their employers should have made reasonable adjustments to the requirements of the job in order to cater for their religious beliefs. This will, to some extent at least, depend upon issues of practicability which are much better suited to resolution in the employment tribunal proceedings (currently sisted pending the resolution of this case) than in judicial review proceedings such as these.

The Court also issued a press release summarizing the decision, and BBC News reports on the decision. [Thanks to Scott Mange for the lead.]

Chabad of California Liable For $845K Damages Under False Claims Act

In United States ex. rel. Kozak v. Chabad-Lubavitch, Inc., (ED CA, Dec. 9. 2014), a California federal district court granted summary judgment in a False Claims Act  qui tam action, finding Chabad of California liable for $844,985 in treble damages and statutory penalties.  The court concluded that Chabad of California misappropriated Department of Homeland Security grant funds intended to pay for video surveillance and other security equipment for Chabad and two of its affiliated institutions. (See prior related posting.) Chabad executed documents assuring the government that it would comply with specific financial management standards in receiving advances of the grant funds to assure that the funds would be used for the purposes for which they were awarded. However Chabad had no written financial management procedures, deposited the grant funds into its general checking account and used $272,495 of the funds for non-grant purposes.

While Chabad argued that there were triable issues of fact as to whether it submitted false claims "knowingly," the court said:

The undisputed facts in this matter show that Chabad knew about the requirements attendant to NSG Program grants in general and to drawdown advance requests in particular, yet had no compunction whatsoever in failing to adhere to those requirements. Under the circumstances, it is clear to the Court that Chabad acted at minimum “knowingly” as defined by the FCA.

The court did not grant summary judgment against two Chabad affiliates that were also defendants, finding that triable issues of fact remain as to their liability.  Jewish Journal reports on the court's decision.

DOJ Announces Settlement of RLUIPA Zoning Suit On Behalf of Minnesota Mosque

The Minnesota United States Attorney's Office announced yesterday that a settlement agreement in principle has been reached in its RLUIPA lawsuit against the City of St. Anthony Village (MN).  The suit challenges the city's refusal to issue a conditional use permit to the Abu Huraira Islamic Center-- with its largely Somali Muslim membership-- that sought to purchase an existing business center in an area zoned "light industrial," use the basement for worship space and continue to rent the remainder of the building to existing business tenants. (See prior posting.)  The agreement, which must still be approved by the St. Anthony City Council, the Justice Department and the federal district court, calls for the city to create a Planned Use Development that will allow the Islamic Center to use the basement space for worship. The city will also undertake various other initiatives to prevent future religious discrimination.  The Minneapolis Star-Tribune reports in more detail on the settlement terms.

Suit Challenges Creche On Indiana Courthouse Lawn

The Freedom from Religion Foundation, through the Indiana ACLU, filed suit in federal district court yesterday challenging the constitutionality of a life-size city-owned Nativity Scene on the lawn of the Franklin County Courthouse in Brookville, Indiana. The complaint (full text) in Freedom From Religion Foundation v. Franklin County, Indiana, (SD IN, filed 12/16/2014), (which includes a photo of the display) says that while the city also displays a series of plastic reindeer on the lawn, they are not part of the same display and are barely visible during the day when they are not lighted. Both the ACLU and FFRF have issued press releases announcing the filing of the lawsuit.

UPDATE: Under an agreement reached by the parties on Dec. 19, the Nativity Scene will remain up only until the day after Christmas, and FFRF will drop its request for a preliminary injunction. According to a press release by Thomas More Society, litigation on plaintiffs' request for a permanent injunction will now continue on a more normal time schedule.

Ohio School Mentorship Grants Are Required To Include Faith-Based Partners

The Ohio legislature earlier this year appropriated $10 million for a Career Advising and Mentoring Grant Program, specifying:

The program shall award competitive matching grants to provide funding for local networks of volunteers and organizations to sponsor career advising and mentoring for students in eligible school districts.... Eligible school districts are those with a high percentage of students in poverty, a high number of students not graduating on time, and other criteria as determined by the State Superintendent. Eligible school districts shall partner with members of the business community, civic organizations, or the faith-based community to provide sustainable career advising and mentoring services. [Am H.B. 483, Sec. 263.320]

The Cleveland Plain Dealer reports that at an informational meeting held in Cleveland last week, school districts that are potential applicants were told by an Ohio Department of Education representative that: "each application must include a school district (or charter school) plus a business and a place of worship or faith-based organization in its partnership." A United Way representative that sits on the advisory panel for the program said the same thing.  Americans United takes issue with the requirement-- added in Department of Education rule making-- that a faith-based organization is required to be part of each partnership.

Audio of 10th Circuit Arguments In 3 Non-Profit ACA Challenges Now Available

On Dec. 8, the U.S. 10th Circuit Court of Appeals heard oral arguments in three cases in which religious non-profits claim that the Obama Administration's regulations insufficiently accommodate their objections to the contraceptive coverage mandate under the Affordable Care Act.  The cases are Little Sisters of the Poor v. Burwell (see prior posting); Southern Nazarene University v. Burwell (see prior posting); and Reaching Souls International v. Burwell (see prior posting).  Links to audio recordings of all three arguments are now available from the court's website. [Thanks to Tom Rutledge for the lead.]

Satanic Temple Temporary Display At Michigan Capitol OK'd As Nativity Scene Plans Falter

Under rules of the Michigan State Capitol Commission (full text), temporary displays, which may not remain over night, may be scheduled on the Capitol grounds.  The Detroit Free Press reports that the Commission has approved a request from the Detroit chapter of the Satanic Temple for a display from Dec. 21-23. The display will consist of a snake wrapped around the Satanic cross presenting a book as a holiday gift. John Truscott, a member of the State Capitol Commission, said the Commission could not discriminate in approving applications, but added: "Personally, I think this is absolutely repulsive and I'm very frustrated by it. I don't appreciate a group trying to hijack a Christian holiday."

Meanwhile an already-approved request to place a Nativity Scene on the Capitol grounds is not moving ahead because the out-of-stater who requested it has been unable to find someone to remove the display each evening as required by state rules.  All of this takes place as the Michigan legislature is debating a controversial religious freedom bill. HB 5958, the Michigan Religious Freedom Restoration Act, has been approved by the House and is now under consideration by the state Senate.

Kerry Asks Vatican For Aid In Relocating Guantanamo Detainees

Catholic News Service reported that U.S. Secretary of State John Kerry, in Rome yesterday, met with Vatican Secretary of State Cardinal Pietro Parolin.  As part of their discussion, Kerry asked the Vatican for "support in the search for appropriate humanitarian solutions for the current detainees" at Guantanamo Bay so that the Obama Administration can move on its commitment to close the prison at Guantanamo.

9th Circuit En Banc Hears Arguments In "Innocence of Muslims" Case

The U.S. 9th Circuit Court of Appeals yesterday, sitting en banc, heard arguments in Garcia v. Google Inc.  Ten of the 11 judges on the en banc panel heard the oral arguments live.  It was announced that Judge Berzon was unable to be in the courtroom, but would listen to the video of arguments at a later date. The video of the full oral arguments is available on the 9th Circuit's YouTube channel.  In the case, the 3-judge panel, in a 2-1 decision, held that a preliminary injunction should be granted to require the controversial film "Innocence of Muslims" to be removed from YouTube. The suit was filed by Cindy Lee Garcia who acted in a portion of the film, had received death threats because of it, and claimed that the video posting amounted to a copyright infringement of her performance. (See prior posting.)  All the pleadings and amicus briefs filed with the 9th Circuit are available here. Courthouse News Service reports on yesterday's oral arguments. [Thanks to How Appealing for the lead.]

Pastor Brings Unusual Anti-Gay Marriage Protest To Courthouse

In Jackson, Mississippi on Friday, a Baptist pastor brought an unusual protest against the legalization of same-sex marriage to the federal courthouse. Christian Post reports that Reverend Edward James of Bertha Chapel Missionary Baptist Church brought a horse clothed in a wedding dress, with white flowers in its harness, to the courthouse, along with a protest sign reading in part: "Do you take this horse to be your unnatural wedded spouse.... This might even be possible if the ban on same-sex marriage is lifted...."  James hopes to change the mind of the federal district judge who struck down Mississipi's same-sex marriage ban last month.  The court's order has been stayed pending appeal. (See  prior posting.)

Report Released On Counseling of Sex Abuse Victims At Bob Jones University

Last week, Bob Jones University released a 300-page Final Report (full text) growing out of an investigation by the non-profit organization GRACE of the University's inadequate counseling of students who disclosed that they were sexually abused as a child, or were sexually abused after they enrolled at Bob Jones University or its Academy. Calling attention to the Report, yesterday's Daily Beast says in part:

At this point, there are so many sex scandals among conservative religious organizations, we’re no longer surprised by any of them. The latest revelation—that for decades, the evangelical Bob Jones University blamed victims of sexual assault and discouraged the prosecution of predators—should be shocking, but probably isn’t.

Yet, the recent report on BJU’s misconduct is different. Unusually for such a document, it makes a theological case against sexual abuse—but in so doing, it points to the deep roots of rape culture that may not be so easily uprooted.

Indictment Charges Fraud In Export of Supposed Halal Meat

On Dec. 5, the U.S. Attorney for the Northern District of Iowa announced the indictment of three related corporations and two corporate officials on charges of extensive fraud in the export sale of meat represented to be "halal." The indictment in United States v. Aossey, (ND IA, Dec. 5, 2014) (full text) charges defendants with conspiracy to make and use false statements on documents, sell misbranded meat, commit mail and wire fraud and sell misbranded meat.  This indictment expands on charges and individuals targeted in an earlier indictment in October.  (Background).  Export Law Blog summarizes the new charges against Midamar Corp., Islamic Services of America, ISA, Inc., Jalel Aossey and William Aossey:

The initial indictment charged William Aossey Jr. with falsely stating on export certificates that meat had been slaughtered in a Halal-certified slaughterhouse.

The new indictment adds Mr. Aossey’s sons and Midamar itself.... [A] central part of Midamar’s [defense] was that even if the meat was not slaughtered in Halal-certified slaughterhouses, the meat was still Halal meat as represented by the company.

The facts set forth in the new indictment seem to be directly aimed at this argument, going into the specific ways in which the slaughtered meat did not comport with the Halal standards that Midamar detailed on its own website.

Lawsuits Seek To Reform Curriculum of Ultra-Orthodox Jewish Schools

The Jerusalem Post yesterday reported at length on lawsuits in New York state and Quebec, Canada to force ultra-Orthodox Jewish schools to meet government-mandated secular curriculum standards. The suit in New York was brought by Naftuli Moster, founder of YAFFED (Young Advocates For Fair Education), while the suit in Quebec was brought by Yochanan Lowen, a former member of the Satmar hassidic community. In an article last month, the New York Times reported on the issue from the perspective of Mr. Moster.  The issue has also been a heated one in Belgium where educational authorities are pressing Orthodox Jewish school on the content of their secular curriculum.

Recent Articles of Interest

From SSRN:

• Jianlin Chen, Deconstructing the Religious Free Market, (3 Journal of Law, Religion and State 1-24 (2014)).
• Russell G. Pearce & Adam Winer, From Emancipation to Assimilation: Is Secular Liberalism Still Good for Jewish Lawyers?, (in Jews and the Law (Ari Mermelstein, Victoria Saker Woeste, Ethan Zaidoff & Marc Galanter, eds. 2014)).
• Ira C. Lupu & Robert W. Tuttle, Religious Exemptions and the Limited Relevance of Corporate Identity, (in The Rise of Corporate Religious Liberty (Zoe Robinson, Chad Flanders, and Micah Schwartzman, eds.), Oxford University Press, 2015).
• Katherine Kidd Young, The Institution of Marriage: Mediation of Nature and Culture in Cross-Cultural Perspective, (December 8, 2014).
• Khaled A. Beydoun, Antebellum Islam, (58:1 Howard L.J. (2015 Forthcoming)).
• Albert D. Spalding, Faith-Based Arbitration Clauses as a Global Alternative to Dispute Resolution, (Review of Business & Finance Studies, v. 5 (2) p. 1-8, 2014).
• John M. Breen, Abortion, Religion, and the Accusation of Establishment: A Critique of Justice Stevens' Opinions in Thornburgh, Webster, and Casey, (Ohio North University Law Review, Vol. 39, No. 3, 2013).
• Steven Douglas Smith, The 'Jurisdictional' Conception of Church Autonomy, San Diego Legal Studies Paper No. 14-177, Dec. 2014).
• Gregory S. Gordon, Speech Along the Atrocity Spectrum, (Georgia Journal of International and Comparative Law, Vol. 42, No. 2, 2014).
• Elizabeth A. M. Searing, Charitable (Anti)Trust: The Role of Antitrust Regulation in the Nonprofit Sector, (Nonprofit Policy Forum, 5(2), 261–288).
• Perry Dane, Prayer is Serious Business: Reflections on Town of Greece, (Rutgers Journal of Law and Religion, Forthcoming).

From SSRN (Non-U.S. Law):

• Hanna Lerner, Critical Junctures, Religion, and Personal Status Regulations in Israel and India, (Law & Social Inquiry, Volume 39, Issue 2, 387-415, Spring 2014).
• Aristidis Tsatsos, The Geopolitical Role of Orthodox Russia within a Planetary Context -- A Hellenic Perspective?, (September 27, 2014).
• Yuko Nishitani, Global Citizens and Family Relations, (Erasmus Law Review, Vol. 7, No. 3, 2014).
• Etah Fidelis Ewane, Rwanda Redux: The Latent Genocide in the Central African Republic and the Failure to Protect, (December 3, 2014).
• Paula Gerber, Kristine Tay & Adiva and Sifris, Marriage: A Human Right for All?, (2014 36(4) Sydney Law Review 643).
• Ivor Richardson, The Calculation of Interest, (20 New Zealand Journal of Taxation Law and Policy 231, 2014).
• Gerald Waltman, Prosecuting ISIS (December 11, 2014).

From elsewhere:

• Steven H. Sholk, A Guide To Election Year Activities of Section 501(c)(3) Organizations,(2014 update, PLI).

Backgrounder On Lawsuit By NJ Methodist Congregation Against United Methodist Church

The Record today carries a long article about a lawsuit filed this summer by Alpine Community Church (in Alpine, New Jersey) against the Greater New Jersey Annual Conference of the United Methodist Church over ownership of church property. Here are some excerpts from the article:

Here in one of America’s priciest ZIP codes, a bitter dispute is bubbling at a beloved local landmark over religion and money, property and race, spilling from its pews and into the courts.

At its heart is ownership of the Alpine Community Church, a sanctuary with a storied history, millions of dollars in assets, and a tiny congregation. Its trustees have voted to cut ties with the United Methodist Church and say they want to preserve it as a church for all who want to worship there..... 

Court papers attest to the turmoil, with trustees alleging church funds were used to fuel the “luxurious lifestyle” of a former pastor appointed by the conference, causing some members to stop attending services and making donations.....

The former pastor at the center of the controversy is the Rev. Hae-Jong Kim, who roughly six years ago, in his retirement, was assigned to serve the Alpine church part time. Kim was the first Korean-American bishop in the UMC but resigned that post nearly a decade ago as part of the resolution of an unrelated complaint filed against him.

The lawsuit accuses Kim of misusing church funds; trustees allege that when evidence of forged checks, missing donations and more was presented to the conference, nothing was done....

Recent Prisoner Free Exercise Cases

In Chavis v. United States, (3d Cir., Dec. 12, 2014), the 3rd Circuit affirmed the dismissal of an inmate's claim that a correctional officer's pat down search of his genital area violated his free exercise rights because his religion prohibits homosexual activity.

In Goninan v. Holmes, 2014 U.S. Dist. LEXIS 169213 (D OR, Dec. 4, 2014), an Oregon federal magistrate judge dismissed an inmate's challenge to the prison system's ban on the Satanic Bible and certain other Satanic publications.

In Powers v. Clarke, 2014 U.S. Dist. LEXIS 170322 (ED VA, Dec. 8, 2014), a Virginia federal district court dismissed an inmate complaint that the prison system classified the Nation of Gods and Earths as a gang rather than a spiritual organization.

In Hamilton v. Carr, 2014 Cal. App. Unpub. LEXIS 8811 (CA App., Dec. 11, 2014), a California appeals court affirmed the dismissal of an inmate's claim that a correctional officer violated California's Bane Act when he pulled plaintiff's kufi cap off his head and yelled "get out of here."

Congress Gives Final Passage To Defense Authorization Act Including Provisions On Mt. Soledad Transfer

On Friday, the Senate gave final approval and sent to the President for his signature H.R. 3979, the  National Defense Authorization Act for Fiscal Year 2015 (full text). The Act includes a provision (Sec. 2852) calling for the sale of the Mt. Soledad Veteran's Memorial to the privately incorporated Mount Soledad Memorial Association.  The provision, sponsored by Sen. Diane Feinstein, is intended to end the long-running litigation challenging the Memorial's cross as a violation of the Establishment Clause. (See prior posting.) Politico reports on the Act's passage.

The Act also contains provisions regarding the National Park System, including (Sec. 3051) a requirement that the Secretary of the Interior conduct studies to determine whether various sites should be designated as national parks.  Among these sites are properties in Flushing, New York relating to the history of religious freedom during the era of the signing of the Flushing Remonstrance; and Atlanta's West Hunter Street Baptist Church (background).

The Act as passed does not include provisions in an earlier House version relating to military chaplains and religious expression. (See prior posting.)

Saperstein Confirmed As International Religious Freedom Ambassador

In a roll call vote yesterday, the U.S. Senate confirmed the nomination of Rabbi David Saperstein to be Ambassador-at-Large for International Religious Freedom.  The vote was 62-35. All but one of the "Nay" votes were cast by Republicans.  As reported by The Forward, Saperstein is the first non-Christian to hold the international religious freedom ambassadorship.  Some conservative Christian groups had opposed Saperstein, who has been director of Reform Judaism's Religious Action Center, because of his disagreement with the Supreme Court's Hobby Lobby decision and his generally liberal views on other issues. (The Blaze, July 29, 2014).

Dallas Eases Restrictions On Feeding of Homeless; Settles Lawsuit

Last year, a Texas federal district court held that Dallas'  Food Establishment Ordinance imposing strict requirements on organizations feeding the homeless violates the Texas Religious Freedom Restoration Act. (See prior posting.) On Wednesday Dallas City Council, as part of a  settlement of the lawsuit, adopted amendments lightening the burdens on those feeding the homeless.  As reported by Think Progress:

The original Dallas ordinance required charities that wished to feed the homeless to provide bathrooms and running water, effectively restricting the groups to a handful of sites rather than allowing them to go to where the need was greatest. It also required them to register with the city no matter how large or small their food program might be, with the threat of a $2,000 fine for violators.....

Instead of running water and hand-washing facilities, street feeding programs may now use hand sanitizer. They only need to notify the city if they plan to serve more than 75 people, and must abide by some basic food safety guidelines.

According to the Dallas Morning News, the city also voted to pay a total of $250,000 for damages and attorneys fees to to Big Hart Ministries Association and Rip Parker Memorial Homeless Ministry.

Facebook Ad In Burma Lands Bar Managers In Jail For Insulting Religion

A court in Yangon, Burma yesterday denied bail to the owner and two managers of VGastro, a new upscale bar and tapas restaurant in the city's embassy area who are charged with insulting religion through an ad on the bar's Facebook page.  AFP reports that the offensive ad depicted a psychedelic mock-up of the Buddha wearing DJ headphones to promote a cheap drinks night.  The three defendants were charged with violating Myanmar Penal Code Sec. 295 (defiling a sacred object with the intent to insult religion) and Sec. 295A (insulting religious beliefs through written words or representations). Each charge carries a punishment of up to two years in prison.  The court ruled that these were no-bail offenses and remanded the men into custody until the next hearing on Dec.18.  A monk speaking for the Burmese Patriot Monks Union said: "We will wait and see what action the authorities take. We will do what we need to, if the authorities do not take action."

In Germany, Humanist Students Now Can Get Holiday Excused Absence

AP reported yesterday that in Germany, the schools in Berlin have officially recognized World Humanist Day (June 21) as a holiday for which Humanist students can obtain an excused absence. This places the day on the same plane as religious holidays such as All Saints Day, Yom Kippur or Eid al-Fitr for which students of other faiths can get excused absences. [Thanks to Scott Mange for the lead.]

Colorado Supreme Court Hears Arguments On School Vouchers

The Colorado Supreme Court yesterday heard oral arguments (audio of full arguments) in Taxpayers for Public Education v. Douglas County School District.  In the case, the state court of appeals upheld  Douglas County, Colorado's "Choice Scholarship Program" under which parents of eligible students can obtain vouchers covering a  portion of the tuition costs of sending their children to certain private schools, a majority of which have religious affiliations. (See prior posting.)  AP reports on the oral arguments.

CDC Proposes Recommendations Strongly Favoring Male Neonatal Circumcision

Last week the federal government's Centers for Disease Control released for comment (Dec. 2 Federal Register) recommendations for health-care providers who are counseling male patients and parents regarding male circumcision. (Full text of Recommendations).  The recommendations focus on the benefits of male circumcision in preventing transmission of HIV and other sexually transmitted infections, and strongly recommend neonatal circumcision of boys-- a practice consistent with Jewish and some Muslim traditions.  The recommendations are positive, but more cautious, as to circumcision of adolescent and adult males. The San Francisco Chronicle reports on reactions to the recommendations.

Polish Constitutional Tribunal Rules Ban On Ritual Slaughter Unconstitutional

Poland's Constitutional Tribunal ruled yesterday, in a 5-4 decision, that a ban on kosher and halal slaughter of animals is unconstitutional. JTA reports that the ruling came in a case filed by the Union of Jewish Religious Communities in Poland and other organizations claiming that the ritual slaughter ban that went into effect last year violates the European Convention on Human Rights. As previously reported, in late 2012 the Constitutional Tribunal held that Jewish and Muslim ritual slaughter of animals without first stunning them violates Poland's animal protection laws.  That ruling ended a $500 million industry in the country of processing halal and kosher meat for export. Poland's Parliament will now take up a bill drafted by the National Council of Agricultural Chambers that would legalize ritual slaughter. Jerusalem Post reports on the tensions between local Polish Jewish leaders and the Brussels-based European Jewish Association that arose over choice of strategies to fight the ritual slaughter ban.

In Reversal, Kentucky Denies Tax Incentives To Noah's Ark Theme Park

The Louisville Courier-Journal reported yesterday that Kentucky's Tourism, Arts and Heritage Cabinet has now turned down a request by a proposed Noah's Ark theme park for $18 million in sales tax rebate incentives, despite earlier preliminary approval of the request. The state says that Ark Encounter has changed it position on hiring and now intends to discriminate in hiring on the basis of religion. The state also says that the park has evolved from a tourist attraction into a project to promote a literal reading of the Biblical book of Genesis. The state's Tourism Secretary said:

State tourism tax incentives cannot be used to fund religious indoctrination or otherwise be used to advance religion.

Attorneys for Ark Encounter say that federal and state law allow it, as a religious institution, to hire on the basis of religion, and that refusing to allow it to participate in tax incentives amounts to unconstitutional viewpoint discrimination. They say they will have no choice but to sue. (See prior related posting.)

Challenge To School Board Invocation Policy Dismissed On Standing Grounds

WIS-TV News reported yesterday on the dismissal by a Wisconsin federal district court of a challenge to the invocation policy at school board meetings in School District Five of Lexington & Richland Counties, Wisconsin.  The suit originally also challenged the District's policy on prayer at graduation (see prior posting), but the parties previously settled that claim after the school district revised its policy to allow student speakers to determine the content of their own messages. Then in Nielson v. School District Five of Lexington & Richland Counties, (D SC, Oct. 22, 2014), the federal district court dismissed claims seeking an injunction and declaratory judgment as to the school board invocations because "none of the Individual Plaintiffs attended a Board Meeting after the August 2013 Invocation Policy became effective and none remain students in District Five."  The court added, however, that plaintiffs could still pursue damage claims growing out of pre-2013 prayer practices.  But on Dec. 1, the court ordered dismissal of the action without prejudice, noting that the parties had settled the case. (Full text of dismissal order.)

Today Is International Human Rights Day

Today is International Human Rights Day-- a date set by the United Nations General Assembly in Res. 423(V) to celebrate the adoption on Dec. 10, 1948 of the Universal Declaration of Human Rights. The U.N. announced that this year's theme is "Human Rights 365." In a press release, the U.S. Commission on International Religious Freedom says it is marking the occasion by highlighting prisoners of conscience around the world, particularly those imprisoned because of their faith or belief.

UPDATE: The White House on Dec. 9 issued a Presidential Proclamation (full text) declaring Dec. 10 to be Human Rights Day and the week beginning Dec. 10 to be Human Rights Week.

2nd Circuit Dismisses Alien Tort Suit Charging Catholic Orders With Human Trafficking

The U.S. Second Circuit Court of Appeals has dismissed an Alien Tort Statute suit brought against several Catholic religious orders charging human trafficking,  In Ellul v. Congregation of Christian Brothers, (2d Cir., Dec. 8, 2014), the Second Circuit concluded that the Supreme Court's decision last year in the Kiobel case holding that the Alien Tort Statute does not apply extraterritorially requires dismissal of most of plaintiffs' claims.  The remainder must be dismissed on statute of limitations grounds. The suit alleged "shocking violations of internationally accepted norms." As described by the court:

Plaintiffs’ claims stem from an alleged “child migration” program undertaken in the aftermath of World War II.  As part of the scheme, the purpose of which was to populate Australia with “pure white stock” from Britain and “working boys” from Malta..., defendants allegedly took plaintiffs away from their families as children, falsely told them that their parents had died or abandoned them, and transported them to Australia, where plaintiffs and other children were made to work essentially as slaves, for long hours without pay, and were subjected to extreme physical and, in some cases, sexual abuse.

Mosque Proponents Sue Pennsylvania Township Over Zoning Variance Denial

CAIR-Philadephia announced yesterday that it has filed a federal lawsuit against Bensalem Township, Pennsylvania challenging its refusal to grant a zoning variance to a Muslim congregation, Bensalem Masjid, which seeks to build a mosque on property that it currently leases with an option to purchase. The complaint (full text) in The Bensalem Masjid Inc. v. Bensalem Township, (ED PA, filed 12/8/2014), contends that the Township's zoning ordinances allow houses of worship only in areas zoned Institutional (IN), and that there are no available properties zoned IN that could be used for a mosque. The complaint contends that the Township's zoning ordinances and regulations, and its action refusing a variance, violate RLUIPA, the 1st and 14th Amendments and the state's Religious Freedom Protection Act. Philadelphia Daily News reports on the lawsuit.

Senate Report on CIA Interrogation Includes Role of Religion In Prisoner Cooperation

A reported by the Washington Post, today the U.S. Senate Select Committee on Intelligence released an unclassified 525-page version of its Study of the CIA's Detention and Interrogation Program. (Full text of report). Appendix 3 in the report (.pdf pg. 488) outlines examples of inaccurate CIA testimony to the Intelligence Committee in 2007.  It includes a section captioned "The Religious Foundation for Cooperation" (.pdf pg. 511) that sets out the following inaccurate testimony given by CIA Director Michael Hayden:

This proposed program ... has been informed by our experience and it has been informed by the detainees. It's built on the particular psychological profile of the people we have and expect to get -- al-Qa'ida operatives. Perceiving themselves true believers in a religious war, detainees believe they are morally bound to resist until Allah has sent them a burden too great for them to withstand. At that point ... their cooperation in their own heart and soul becomes blameless and they enter into this cooperative relationship with our debriefers.

...we use the enhanced interrogation techniques at the beginning of this process, and it varies how long it takes, but I gave you a week or two as the normal window in which we actually helped this religious zealot to get over his own personality and put himself in a spirit of cooperation.... You recall the policy on which this is based, that we're going to give him a burden that Allah says is too great for you to bear, so they can put the burden down.

According to the Committee:

CIA records do not indicate that CIA detainees described a religious basis for cooperating in association with the CIA's enhanced interrogation technique.....

... [M]ore than two months before Abu Zubaydah began his August 2002 enhanced interrogation period, Abu Zubaydah told interrogators that "if he possessed any more information on future threats, then he would provide this information to us to help himself, claiming that 'the sharia' gives him permission to do so in his current situation.  Abu Zubaydah also made a similar statement to his interrogators approximately a week later ... stating that he had "prayed his 'Istikharah' (seeking God's guidance) and was now willing to tell what he really knew," and "that he had received guidance from God" to cooperate to "prevent his captured brothers from having a difficult time."

Most of City Council Walks Out On Atheist's Invocation

In Lake Worth, Florida last Tuesday, the mayor and three of the four city commissioners walked out of the commission chamber as atheist Preston Smith approached the podium to offer the invocation.  WPTV News reports that yesterday Mayor Pam Triolo said her action was not because Smith was an atheist, but because of a Tweet Smith allegedly authored last summer giving an offensive interpretation of scripture. Smith's invocation (video included in article) called for building a better community without religious division.

DOJ Expands Ban on Law Enforcement Profiling To Include Religion and Other Characteristics

Yesterday, U.S. Attorney General Eric Holder announced the issuance of new guidelines on profiling by federal law enforcement officials (and local officials participating in federal task forces).  The new Guidance for Federal Law Enforcement Agencies (full text) adds national origin, gender, gender identity, religion, and sexual orientation to the already existing prohibitions on racial and ethnic profiling imposed in 2003.  The 11-page document sets out both in general principles and examples guidance on when the covered characteristics can and cannot be used.

Officials may still use race, religion, ethnicity, or any of the other prohibited bases for profiling when

there is trustworthy information, relevant to the locality or time frame, that links persons possessing a particular listed characteristic to an identified criminal incident, scheme, or organization, a threat to national or homeland security, a violation of Federal immigration law, or an authorized intelligence activity.

Here are two interesting examples from the many set out in the new Guidance:

• A law enforcement officer who is working as part of a federal task force has received a reliable tip that an individual intends to detonate a homemade bomb in a train station during rush hour, but the tip does not provide any more information.  The officer harbors stereotypical views about religion and therefore decides that investigators should focus on individuals of a particular faith. Doing so would be impermissible because a law enforcement officer’s stereotypical beliefs never provide a reasonable basis to undertake a law enforcement or intelligence action.

• An FBI field office attempts to map out the features of the city within its area of responsibility in order to gain a better understanding of potential liaison contacts and outreach opportunities. In doing so, the office acquires information from public sources regarding population demographics, including concentrations of ethnic groups. This activity is permissible if it is undertaken pursuant to an authorized intelligence or investigative purpose. The activity would not be permitted without such an authorized purpose or in circumstances that do not otherwise meet the requirements of this Guidance.

MSNBC reports on release of the new guidelines.

Burma Sues Author For Insultig Buddhism

In Burma last month, an official of the Department of Immigration in northwestern Chaung-U Township, at the request of local Buddhist clergy, filed a lawsuit against prominent writer and National League for Democracy member Htin Lin Oo, charging him with violation of Burmese statutes prohibiting the causing of religious offense.  Irrawaddy reported yesterday on the suit filed Nov. 20 which grew out of a two-hour speech that Htin Lin Oo delivered at a literary event on Oct. 23.  In the speech, he decried those who use Buddhism as an excuse for prejudice and discrimination. When a 10-minute excerpt from the speech was widely shared on social media, the Patriotic Buddhist Monks Union issued statement denouncing it. Htin Lin Oo says that people should listen to the entire speech before they react.  The suit charges Htin Lin Oo with violating Myanmar Penal Code Sec. 295-A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), and Sec. 298 (Uttering words, etc; with deliberate intent to wound religious feelings).

Former High School Softball Players' Suit On School Religious Activites Moves Ahead

In Ryan v. Mesa Unified School District, (D AZ, Dec. 5, 2014), three former members of a Mesa, Arizona high school varsity girls' softball team sued the school district and the softball coach, Joseph Goodman, over various religious activities. The court held that plaintiffs lacked standing to challenge the school's LDS Church released time program. However, the court permitted plaintiffs to move ahead with two other claims, but only against Coach Goodman:

First, the court allowed an Establishment Clause claim alleging that during the 2013-14 girls softball season, certain players were appointed “prayer leaders” to lead a team prayer at the beginning of every game. Plaintiffs were dismissed from the team after one of them announced, and the others supported, an end to these prayers.

Second, the court allowed a free speech claim growing out of a 2014 softball tournament where hip-hop and other popular music was played to get players in a proper mental state for the game. One of the plaintiffs, the daughter of an LDS Church member, found the music offensive to her religious sensibilities. During the same tournament, the LDS parent of that plaintiff read a speech from a Tweet by another of the plaintiffs, and the content of the Tweet was reported to Coach Goodman.  Apparently this was related to the reason for plaintiffs' dismissal from the team.

Claims of Mislabeling of Dietary Supplements Did Not Infringe Free Exercise Rights

In State of Texas v. Valerie Saxion, Inc., (TX App., Dec. 4, 2014), a Texas state appellate court rejected arguments by defendant and her company that the state was infringing their free exercise rights by proceeding against them with charges that their mislabeling and misbranding of dietary supplements violated the Texas Food, Drug, and Cosmetic Act and the Deceptive Trade Practices Act. Defendant argued that her statements were based on sincerely held religious beliefs.  The court concluded, however:

The twenty-four “practices in pursuit and conduct of trade or commerce” listed by the State in its live pleading do not seek to restrain Saxion from practicing any religious beliefs or expressing any religious opinions..... Rather, the relief sought by the State attempts to regulate the advertising and sale of certain dietary supplements as a proper restraint on commercial speech necessary to protect the public..... Therefore [defendant] ... failed to allege a viable ultra vires claim with regard to her free-exercise-of-religion rights and the attorney general’s discretion and authority to enforce the TFDCA and DTPA.

Recent Articles of Interest

From SSRN:

• Helen A. Alvare, Same-Sex Marriage and the 'Reconceiving' of Children, (Case Western Reserve Law Review, Vol. 64, No. 3, pp. 829-862, 2014).
• Odetayo Samson, A Critical Assessment of the Validity and Recognition of Same Sex Marriage Under the Nigerian Legal System, (October 16, 2014).
• Ankita Bharadwaj, Adultery- Judicial Interpretation and the Law Under Various Personal Laws in India, (November 22, 2014).
• Valentino Cattelan, Property (Mal) and Credit Relations in Islamic Law: An Explanation of Dayn and the Function of Legal Personality (Dhimma), (Arab Law Quarterly, Forthcoming).
• Christine A. Corcos, The Scrying Game: The First Amendment, State Regulation of the Crafty Sciences, and the Rise of Spiritualism, 1848-1944, (January 16, 2013).
• Ioanna Tourkochoriti, The New Regulation Against Hate Speech in Greece: Strengths and Weaknesses, (Council for European Studies, Reviews & Critical Commentary (CritCom) Columbia University, Forthcoming).
• George K. Yin, The IRS's Misuse of Scarce Compliance Resources in the Exempt Organization Area, (December 5, 2014).

From SmartCILP:

• Hossein Mir Mohammad Sadeghi, Filling the Gap In Favor of the Accused: The Approach of Islamic Criminal Law In Light of the Rule No Punishment In Case Of Doubt, [Abstract], 29 Tulane European & Civil Law Forum 147-156 (2014).

Recent Prisoner Free Exercise Cases

In Mitchell v. Fox, (9th Cir., Dec. 5, 2014), the 9th Circuit affirmed the dismissal of an inmate's complaint that prison officials destroyed and confiscated his religious property. Plaintiff had not shown that this constituted a substantial burden on his practice of religion.

In Mehmood v. United States Marshals Service, 2014 U.S. Dist. LEXIS 166386 (ED CA, Dec. 1, 2014), a California federal magistrate judge permitted a Muslim federal pre-trail detainee housed in a county jail to proceed with claims under the Free Exercise and Establishment clauses objecting to the diet furnished to him in response to his request for halal food, and denial of various religious items and of the ability to leave his cell 5 times a day to pray. His equal protection and RLUIPA claims were dismissed with leave to amend.

In Evans v. Godinez, (IL App., Dec. 1, 2014), an Illinois appellate court affirmed the trial court's dismissal of a complaint by a Nation of Islam inmate seeking space and time for weekly inmate-led NOI study groups and prayer sessions.

In Brame v. Hodge, 2014 U.S. Dist. LEXIS 166586 (SD IL, Dec. 2, 2014), an Illinois federal district court denied a preliminary injunction to a Hebrew Israelite inmate who claims he suffered retaliation because of a lawsuit he filed complaining that he was denied a kosher diet, attendance at Jewish services, and participation in Jewish holidays.

In Reiske v. Bruno, 2014 U.S. Dist. LEXIS 167443 (D CT, Dec. 3, 2014), a Connecticut federal district court dismissed a Wiccan inmate's complaint that he was not permitted to purchase various religious items, including religious oils and a pendant cord.

In Ajala v. West, 2014 U.S. Dist. LEXIS 168602 (WD WI, Dec. 5, 2014), a Wisconsin federal district court vacated its earlier order and allowed a Muslim inmate to proceed with his complaint that he was denied Ramadan meal accommodations, but affirmed the earlier dismissal of his complaint regarding his Eid-al-Fitr meal.

NYT Surveys Atheists' Push To Remove Belief Requirement For Public Office

The New York Times posted an article yesterday titled In Seven States, Atheists Push to End Largely Forgotten Ban. Reporting on the bans in Maryland, Arkansas, Mississippi, North Carolina, South Carolina, Tennessee and Texas, it says in part:

Maryland and six other states still have articles in their constitutions saying people who do not believe in God are not eligible to hold public office. Maryland’s Constitution still says belief in God is a requirement even for jurors and witnesses.

Now a coalition of nonbelievers says it is time to get rid of the atheist bans because they are discriminatory, offensive and unconstitutional. The bans are unenforceable dead letters, legal experts say, and state and local governments have rarely invoked them in recent years. But for some secular Americans, who are increasingly visible and organized, removing the bans is not only a just cause, but a test of their growing movement’s political clout.

Iowa's Flag Desecration and Misuse Laws Invalidated In Suit By Westboro Baptist Church Demonstrators

In Phelps v. Red Oak Police Chief, (SD IA, Dec. 3, 2014), an Iowa federal district court held Iowa's flag desecration and flag misuse statutes unconstitutional on their face because of their overbreadth.  The holding comes in a free expression challenge to the laws by members of the Westboro Baptist Church who regularly picket funerals of soldiers and participate in other protests. Plaintiffs allege that Red Oak police threatened to enforce the statutes against them, leading them to refrain from dragging the flag on the ground and wearing it on their bodies as part of their demonstrations. The court rejected plaintiff's additional argument that the laws infringed her free exercise of religion.

IRS Shifts Offices Responsible For Legal Rulings On Tax Exempt Organization Issues

In Announcement 2014-34, issued last Wednesday, the Internal Revenue Service announced that beginning Jan. 2, it is shifting responsibility for making various legal rulings regarding tax-exempt organizations from the much-criticized Tax Exempt and Government Entities Division based in Cincinnati to the office of Associate Chief Counsel (Tax Exempt and Government Entities) based in Washington. Shifting to Washington is "the authority to prepare revenue rulings, revenue procedures, announcements, and notices, and to issue technical advice (including technical advice memoranda (TAMs)), certain letter rulings, and certain information letters" on tax-exempt organization issues.  The Cincinnati office will retain authority to issue determination letters on the exempt status of organizations under §§ 501(c) and 521.  Law 360 reports on the IRS action.

Paper Says Israel's Outgoing Government Failed To Remove Advantages to Haredi Community

As Israel moves toward new parliamentary elections in March, yesterday's Jerusalem Post carried a lengthy article detailing the modest progress, at best, made by the outgoing coalition government on the goal of ending special benefits enjoyed by the country's ultra-Orthodox Jewish population.

Supreme Court Will Review 5th Circuit Decision On Specialty License Plates

As reported by SCOTUS blog, yesterday the U.S. Supreme Court granted certiorari in Walker v. Sons of Confederate Veterans, (Docket No. 14-144, cert. granted 12/5/2014). (Order List). In the case, the 5th Circuit Court of Appeals held in a 2-1 decision that messages on state specialty license plates are private speech, not government speech.  The majority also concluded that the Texas Department of Motor Vehicles Board engaged in unconstitutional viewpoint discrimination when it rejected a specialty plate design that included the Confederate battle flag. Texas rejected the design because many members of the public found it offensive.  (See prior posting.) The petition for certiorari focused on two issues-- whether messages and images on specialty plates are government speech; and whether denial of a plate can involve viewpoint discrimination if the state never issued a plate expressing a different message on the same subject.

Reporting on the Court's grant of cert., the Washington Post points out that the Court still has before it a petition for certiorari in ACLU v. Tata involving North Carolina's authorization of a "Choose Life" specialty plate while it refused to issue a pro-choice plate. (See prior posting.)

Georgetown Law Student Sues Rabbi Accused of Mikvah Voyeurism

As previously reported, in October Rabbi Barry Freundel, head of Washington, D.C.'s Kesher Israel synagogue, was arrested for electronic voyeurism. Freundel was charged with using hidden cameras at the synagogue's mikvah (ritual bath) so he could view women disrobing there. Freundel was also an adjunct professor at Georgetown Law School where he co-taught a seminar.  The Washington Post and The Forward report that last Tuesday a female Georgetown Law student filed a class action against Kesher Israel, the National Capital Mikvah and Georgetown Law School, alleging that:

Defendants turned a blind eye to obvious signs of Freundel’s increasingly bizarre behavior, ignoring the bright red flags that Freundel was acting inappropriately with women subjected to his authority.

The Jewish student says that she used the Mikvah twice as part of her research for a paper titled "The Mikvah: Expanding the Ritual for Jewish Women," and each time Freundel accompanied her to the changing room and then left.

UPDATE: The Forward (Dec. 24) reports that two additional suits, also seeking class action status, were filed against Kesher Israel and the Rabbinical Council of America on Dec. 2 and Dec. 18 respectively.  The suits claim that defendants should have acted sooner to remove Freundel from his positions of authority.

Cert. Petition Filed In Challenge To New Jersey Ban On Reparative Therapy For Minors

On Wednesday, a petition for certiorari (full text) was filed with the U.S. Supreme Court in King v. Governor of New Jersey.  In the case, the 3rd Circuit upheld New Jersey's statute barring professional counselors from engaging in sexual orientation change therapy with minors. (See prior posting.)  Liberty Counsel issued a press release announcing the filing of the petition for review.

French Court Says Local Council's Nativity Scene Violates Principle of Secularism

On Tuesday in France, the Nantes administrative court ruled that the traditional nativity scene that for years has been placed at the entrance to the Vendee government's council building in La Roche-sur-Yon must be removed. As reported by The Local, the court held that the display is inconsistent with the principle of secularism (laicitie) embodied in France's 1905 Law on Separation of Churches and State. The ruling came in a case filed by the local Free Thinking Association, and shortly after a Belgian activist group tore down a nativity scene in Brussels.

Israeli Court Rules Messianics' Commercial Guest House Cannot Reject Same-Sex Wedding Reception

In Israel, a Jerusalem district court has held that the Messianic Jewish village of Yad Hashmonah violated Israel's anti-discrimination laws when it refused to rent out their guest house facilities to a lesbian couple for a wedding reception.  According to yesterday's Israel Today, the court concluded that the guest house was operated as a secular commercial establishment open to the public and is thus subject to Israel's public accommodation anti-discrimination laws. It is completely separate from the village's religious meeting room.  The court, affirming a damage award equivalent to $15,000 (US), rejected the village's argument that "the laws regulating freedom of religion must protect us from allowing a ceremony in our backyard which is in complete contradiction to our faith."

Indian Court Orders Frozen Body of Spiritual Leader Released For Last Rites; Appeal Is Filed

In Chandigarh, India, officials of the spiritual organization Divya Jyoti Jagriti Sansthan petitioned the High Court of Punjab and Haryana for review by a Division Bench of a single judge's order issued on December 1 requiring last rites to be performed on the organization's leader Ashutosh Maharaj by December 15.  As reported by the Economic Times, Ashutosh was declared clinically dead by doctors last January. However some of his followers placed his body inside a deep freezer claiming that he had merely gone into a deep state of meditation (samadhi). Another follower, Dalip Kumar Jha, last April petitioned the High Court to release Ashutosh's body to him for last rites and also investigate the cause of Ashutosh's mysterious death.

UPDATE: On Dec. 15, a Division Bench of the High Court stayed the single judge's order, at least unitl the next hearing on Feb. 9. (AFP).

Marriage Equality Decision Stayed In Mississippi, But Not In Florida

In Campaign for Southern Equality v. Bryant, (5th Cir., Dec. 4, 2014), the U.S. 5th Circuit Court of Appeals granted a stay pending appeal of a district court injunction invalidating Mississippi's ban on same-sex marriage. (See prior posting.) In granting the stay, the court said:

It is not our task today to resolve the merits of this conflict in deciding the instant motion, however, we are convinced by the opinions of our sister circuits that “a detailed and in depth examination of this serious legal issue” is warranted before a disruption of a long standing status quo.

Meanwhile in Brenner v. Armstrong, (11th Cir., Dec. 3, 2014), the U.S. 11th Circuit Court of Appeals refused to extend beyond January 5 a previous stay of a federal district court decision handed down last August invalidating Florida's ban on same-sex marriage.  As reported by SCOTUS blog, the situation in Florida, however, is confused because of several state court rulings that have been stayed pending state court appeals.

5th Circuit Stays Execution of Man Who Believes His Sentence Is A Satanic Plot

On Wednesday, the U.S. 5th Circuit Court of Appeals stayed the execution of Scott Panetti in order to "fully consider the late arriving and complex legal questions at issue...." (Full text of court's decision.) As reported by Newsweek, Panetti (who was convicted of murdering the parents of his second wife) suffers from  schizophrenia, and his case brings back the question of when it is constitutionally permissible to execute someone who is mentally ill. (Background.)  According to Texas Defender Service, Panetti (acting without a defense lawyer) attempted at his trial to subpoena the Pope, John F. Kennedy, and Jesus.  He believes that his execution is being orchestrated by Satan, working through the State of Texas, to end his preaching the Gospel to condemned prisoners.

Fired Gay Church Music Director Files Discrimination Complaints

Yesterday's Chicago Tribune reports that Colin Collette, who had been employed for 17 years as a  music director at Holy Family Catholic Community in Inverness, Illinois, has filed discrimination complaints with the federal EEOC and the Cook County Human Rights Commission. Collette was fired in July after he announced that-- now that same-sex marriage is legal in Illinois-- he was engaged to be married to his longtime partner Will Nifong.  Collette says church leaders knew he was gay long before he posted his engagement notice on Facebook.  His complaints, naming a priest and a parish manager as respondents, allege discrimination on the basis of sex, sexual orientation and marital status.

D.C. Repeals Sexual Orientation Discrimination Exemption For Private Religious Schools

On Dec. 2, the District of Columbia City Council passed (vote history) B20-803 (full text) which repeals the religious educational institution exemption to certain provisions of the D.C. Human Rights Act.  The new law repeals D.C. Code Sec.2-1402.41(3) which read:

(3) Notwithstanding any other provision of the laws of the District of Columbia, it shall not be an unlawful discriminatory practice in the District of Columbia for any educational institution that is affiliated with a religious organization or closely associated with the tenets of a religious organization to deny, restrict, abridge, or condition -

(A) The use of any fund, service, facility, or benefit; or

(B) The granting of any endorsement, approval, or recognition, to any person or persons that are organized for, or engaged in, promoting, encouraging, or condoning any homosexual act, lifestyle, orientation, or belief.

Conservative Christian organizations opposed the bill, as reflected by this letter from Liberty Counsel.

White House Christmas Theme Announced

Yesterday the White House issued a press release captioned Information on White House Christmas 2014. It reveals that the theme for this year is "A Children's Winter Wonderland."  The release outlines at length the decorations in each part of the White House. It also highlights a high tech innovation:

For the first time ever this year, the White House hosted a 3D Printed Ornament Challenge, in collaboration with the Smithsonian and Instructables..... From a holiday Abe Lincoln and happy snowmen to a map of highways in the United States, the Challenge received over 300 designs, many of which were creative, whimsical and beautiful.....

The Challenge highlights the importance of the Maker Movement and the way that tools and technologies like 3D printing are enabling more people to take their ideas and turn them into reality. Educators are increasingly using technologies like 3D printing to engage students in a hands-on approach to learning about STEM.

Satanic Temple Gets OK For Its December Display In Florida Capitol

Slate reports that Florida's Department of Management Services this week officially approved an application by the Satanic Temple to place a religious display of an angel falling into a pit of fire in the Rotunda of the state capitol building from Dec. 22-29.  In a press release issued Tuesday, Americans United for Separation of Church and State said it had threatened to file a lawsuit on the Temple's behalf. The state last year rejected the Satanic Temple's request under rules that designate the Rotunda as an open forum for private speech, but allow exclusions of displays that are grossly offensive.

Court Dismisses Challenge By Theists To Kansas Science Standards

In COPE v. Kansas State Board of Education, (D KA, Dec. 2, 2014), a Kansas federal district court dismissed on 11th Amendment and standing grounds a challenge to the Kansas State Board of Education science Framework and Standards. Students, parents, taxpayers and a non-profit organization sued claiming that adoption of these guidelines "will cause Kansas public schools to establish and endorse a non-theistic religious worldview in violation of the Establishment, Free Exercise, and Speech Clauses of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment."  As further explained by the court:

Plaintiffs contend that the Standards ... use... deceptive methods to lead impressionable children to answer questions about the cause of life with only materialistic or atheistic answers.

In its 25-page discussion of standing, the court said in part:

The Court concludes that our Circuit, when confronted with plaintiffs’ standing argument in this case, would follow the reasoning used by the Seventh and District of Columbia Circuits and hold that plaintiffs lack standing to sue where the only injury alleged is based on a “message” of government endorsement of religion.

AP reports on the decision. COPE has links to pleadings in the case.

European Court Says Turkey Discriminated Against Alevi Houses of Worship

In Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfi v. Turkey, (ECHR, Dec, 2, 2014) (full text in French), the European Court of Human Rights in a Chamber Judgment held that Turkey had violated the European Convention on Human Rights (Art. 9 and 14) in its discriminatory treatment of Alevi houses of worship (cemevis),  As summarized by the Court's English language press release:

Turkish law reserved the exemption from payment of electricity bills to recognised places of worship and that, by excluding cemevis from the benefit of that status, it introduced a difference in treatment on the ground of religion.

Turkey's Daily News calls the decision a landmark ruling and says:

The Dec. 2 ruling comes after the Turkish government recently announced a fresh set of reforms aimed at answering the demands of Alevis. These reforms were greeted with considerable skepticism among Alevis, as they once again failed to recognize cemevis as official places of worship.

Chamber judgments are appealable to the Grand Chamber of the Court.

County Votes For Disclaimer On Courthouse Nativity Scene

In Baxter County, Arkansas, the Quorum Court (the equivalent of a county council) voted unanimously yesterday to add a sign containing a disclaimer to the Nativity Scene that traditionally goes up on the county courthouse lawn.  According to the Baxter Bulletin, the creche is put up and taken down by a private family on a portion of the lawn that is leased to the Chamber of Commerce for the display.  Reacting to last Christmas season's complaint from the Appignani Humanist Legal Center, the county approved the following disclaimer:

During the Holiday Season, the County of Baxter salutes liberty. Let these festive lights and times remind us that we are keepers of the flame of liberty and our legacy of freedom. Whatever your religion or beliefs, enjoy the holidays. This display is owned and erected by private citizens of Baxter County.

Mosques: Georgia Town Rejects One After Anti-Islam Protests While New Jersey Town Settles Suit Allowing One

Think Progress reports on the 4-1 vote by Kennesaw, Georgia city council on Monday rejecting the request of a Muslim group to rent space in a strip mall to use for daily and Friday prayers. The action comes after two weeks of heated debate featuring anti-Muslim rhetoric. Protesters outside city council carried signs with slogans such as "Islam Wants No Peace." An anti-Muslim group posted personal information-- including home address and children's pictures-- online about the one council member who favored allowing the mosque. The mayor however says the mosque could increase traffic and interfere with nearby businesses,

UPDATE: On Dec. 15, city council reversed itself and unanimously approved the mosque. (WABE News).

Meanwhile, the town of Bridgewater, New Jersey has reached a settlement with a Muslim group in Al Falah Center v. Township of Bridgewater, after the mosque won a preliminary injunction. (See prior posting).  As reported by NJ,com, the RLUIPA challenge to the township's zoning law amendment was resolved by the mosque exchanging its original property for a $2.75 million parcel at a different location purchased by the township, and payment of $5 million in damages and attorney's fees by the township's insurer.

Suit Challenges School-Sponsored Religious Activity

On Monday, the American Humanist Association and three individuals filed suit against the Hall County Georgia School District seeking to enjoin prayers and religious activities that are part of the District's football and other athletic programs. (Press release.) The complaint (full text) in American Humanist Association, Inc. v. Hall County School District, (ND GA, filed 12/1/2014) alleges in part:

This action challenges Defendants’ policy, practice, and custom of  authorizing faculty, coaches and other school officials to lead and participate in prayer with students during school-sponsored activities, and their policy, practice, and custom of inserting biblical references into official football team documents and banners, in violation of the Establishment Clause.