First Amendment Does Not Require Accommodation Of Job Applicant's Beliefs

In Filinovich v. Claar, 2006 U.S. Dist. LEXIS 48341 (ND Ill., July 14, 2006), an Illinois federal district court applied the June 2006 holding by the 10th Circuit in Shrum v. Coweta (see prior posting) to dismiss a Free Exercise claim by Alice Filinovich who was applying for the position of Finance Director with the Village of Bolinbrook, IL. Plaintiff, a Seventh Day Adventist, claimed that, even though she was the top candidate, she was not hired by the village because her religious beliefs would not permit her to attend required quarterly budget workshops held on Saturdays. The court held that so long as the village had a legitimate reason for the neutral, generally applicable requirement of attendance at Saturday meetings, for purposes of the First Amendment-- as opposed to Title VII-- there was no requirement that the village attempt to accommodate Filinovich's religious practices. The court said that the 7th Circuit, whose decisions control it, had reached the same conclusion as Shrum in its 1991 decision in Ryan v. U.S. Department of Justice, 950 F.2d 458 [LEXIS link].

New Jersey Chief Justice Nixes Fugitive Safe Surrender Program

Federal officials have been blocked from instituting a program known as Fugitive Safe Surrender in Camden, New Jersey by church-state objections from New Jersey Chief Justice Deborah T. Poritz . The Philadelphia Inquirer reported yesterday that the program, which originated in Cleveland, grants funds to cities to get low-level fugitives into the criminal justice system without police having to confront them on the streets. Instead, the wanted criminals surrender at a church, where fugitives feel safe. Also the church community helps to spread the word about the program. The plans were to use Camden's Antioch Baptist Church.

In Cleveland, fugitives were greeted by volunteers who handed out water and pretzels, while sheriff's deputies ran their names through computerized databases. Then they met with a judge and a public defender in the church's library, and generally released on bond. The New Jersey Supreme Court, however, is concerned about court procedures taking place in a religious facility. It is also concerned that it would appear that the court was working on behalf of the prosecutor and was not neutral. The court offered to have a judge available at the courthouse to process the fugitives, but U.S. Marshall James Plousis said that is inconsistent with the underlying concept of the program.

GAO Report Reviews Faith-Based Initiative

The New York Times today carries an article about a Government Accountability Office Report issued last month on the Bush administration's faith-based initiative. The GAO did not find evidence of a widespread diversion of government money to religious activities, but in looking at 10 government programs, the GAO found that only four federal program offices gave an explicit statement to religious organizations about protecting the religious liberties of the people they serve.

Titled Faith-Based and Community Initiative: Improvements in Monitoring Grantees and Measuring Performance Could Enhance Accountability, the full report has just been posted on the GAO's website. Here is part of the Report Abstract:

Since 2001, federal agencies have awarded over $500 million through new grant programs to provide training and technical assistance to faith-based and community organizations and to increase the participation of these organizations in providing federally funded social services.... Most of the agencies provided grantees with an explicit statement on the safeguard prohibiting the use of direct federal funds for inherently religious activities. If these activities are offered, they must be offered separately in time or location from services provided with direct federal funds and must be voluntary for the beneficiary. However, we found that Justice's regulation and guidance related to these activities is unclear for its correctional programs. We also found that only four programs provided a statement on the rights of program beneficiaries and only three provided information on permissible hiring by FBOs.

While officials in all 26 FBOs [Faith Based Organizations] that we visited said that they understood that federal funds cannot be used for inherently religious activities, a few FBOs described activities that appeared to violate this safeguard. Four of the 13 FBOs that provided voluntary religious activities did not separate in time or location some religious activities from federally funded program services....

[I]t is unclear whether the data reported on grants awarded to FBOs provide policymakers with a sound basis to assess the progress of agencies in meeting the initiative's long-term goal of greater participation of faith-based and community organizations. Moreover, little information is available to assess progress toward another long-term goal of improving participant outcomes because outcome-based evaluations for many pilot programs have not begun.

Americans United Criticizes Upcoming House Vote On 2 Bills

Today a vote is scheduled in the House of Representatives on the Pledge Protection Act of 2005 (H.R. 2389) that would prevent federal courts from hearing challenges to the constitutionality of the Pledge of Allegiance. A vote is also scheduled on H.R. 5683 that would transfer ownership of the Mt. Soledad Cross in California to the federal government. Yesterday, Americans United for Separation of Church and State issued a statement criticizing these bills. AU executive directory Barry W. Lynn said: "The leaders of the House are shamelessly pandering to their Religious Right base. The forthcoming votes on these measures hit a new low for election-year posturing."

UPDATE: On Wednesday afternoon, the House of Representatives passed the Pledge Protection Act by a vote of 260-167. Here is the roll call vote. It now goes to the Senate where the Associated Press reports that its fate is uncertain. On Wednesday afternoon, the House also passed the bill authorizing the federal government to take title to the Soledad Veterans Memorial. The roll call vote was 349 yes; 74 no; 3 present. (10news.com report.)

Church Homeless Shelter Housing Code Trial Will Begin In Florida

The South Florida Sun-Sentinel this morning reports that a jury trial is scheduled to begin July 31 in Palm Beach County, Florida's efforts to collect $30,000 in code enforcement fines from Westgate Tabernacle Church. However the Church has filed its own counter-suit claiming infringement of its free exercise rights. Westgate runs a homeless shelter that, unlike other county agencies, takes almost anyone as a resident, subject to only a few rules-- no drugs, look for work and attend services. Because of this, police bring people to the shelter every day, at the same time that the county is attempting to get it to relocate outside a residential neighborhood.

Recent Prisoner Decisions On Claims By Muslim and Atheist

In Hamdan v. Copes, 2006 U.S. Dist. LEXIS 46765 (WD La., May 19, 2006), the court rejected a prisoner's claim that Muslim prisoniers at South Louisiana Correctional Center were denied the right to attend Friday Ju'mah services on a regular basis.

In Kaufman v. Frank, 2006 U.S. Dist. LEXIS 47840 (WD Wis., July 13, 2006), a state prison inmate who was an atheist claimed that his rights under the First Amendment and RLUIPA were violated by: (1) references to God in the Wisconsin Constitution; (2) a state statute granting inmates access to Bibles; (3) prohibitions on sex offenders changing their names; (4) the prison's refusal to allow him to possess a silver circle emblem representing Atheist beliefs; (5) its refusal to authorize study groups for atheist and agnostic inmates; and (6) its refusal to make donated atheist literature available in the prison library. The court permitted plaintiff to proceed only as to claims that the Establishment Clause was violated by the prison's making Christian literature, but not literature about atheism available, and its excluding free non-religious items and publications while permitting other inmates to receive free religious items and publications.

Retired Professor Wants Anti-Evolution Issue On Oshkosh Wisconsin Ballot

The Oshkosh,Wisconsin Northwestern reports today on a retired University of Wisconsin-Oshkosh physics professor's petition drive to get an advisory referendum on the November ballot on the teaching of evolution in the public schools. Sandra Gade says that "the way evolution is being taught is antagonistic to students' religious beliefs. Students are told that it is a scientifically established fact that evolution, a purely natural process made all living things." She wants to require teaching of facts that discredit as well as those that support evolution. Despite Glade's efforts, state law has no provision for school boards to place an advisory referendum on the ballot.

Evangelist Argues Lack of Jurisdiction After Indictment For Tax Fraud

In Pensacola, Florida on Monday, evangelist Kent Hovind pled not guilty to a 58-count federal indictment charging him with tax fraud, avoiding financial reporting requirements and impeding an IRS investigation. Today's Pensacola News Journal reports on the rather outlandish claims of immunity made by Hovind who owns Dinosaur Adventure Land, a creationist theme park. Hovind claims that the federal government has no jurisdiction over him, and when pressed in court to enter a plea Hovind said he wished to enter a plea of "subornation of false muster."

Hovind is accused of paying employees of his Creation Science Ministry in cash and calling them missionaries to avoid withholding payroll and FICA taxes. His wife is also charged. For years Hovind has claimed that he is employed by God and has no income or property because everything he owns belongs to God. Hovind believes that man and dinosaurs inhabited the earth at the same time and has offered a $250,000 reward to anyone who can furnish satisfactory proof of evolution.

Muslim Group Claims Zoning Discrimination

In Wayne, New Jersey, according to today's Star-Ledger the Albanian Associated Fund, a Muslim organization, has sued the township claiming it has been discriminated against in its application to build a mosque on an 11-acre site it owns. The federal court suit filed yesterday attempts to stop the township from condemning the land for open space use, claiming violations of constitutional rights and of RLUIPA. The suit claims that Wayne's planning board has given in to anti-Muslim sentiment and for 3 1/2 years has forced the group to take application steps not required of others.

Arkansas Supreme Court Dismisses Claims Against Parochial School As Involving Religious Doctrine

In Calvary Christian School Inc. v. Huffstutler, (Ark. Sup. Ct., June 29, 2006). the Arkansas Supreme Court held that it lacked jurisdiction over most of the claims brought by the parents of a parochial school student who was "disenrolled" from the school after he and his parents complained about a video camera that they discovered was hidden in the vetilation system of a school classroom that was also used as a dressing room for school events. In order to keep their son enrolled in school, his parents signed an agreement to support the policies and administration of the school and not to make any negative comments that could possibly destroy the ministry and unity of the school. However subsequently the parents made comments that violated the agreement, and the student was dismissed. The majority agreed with Calvary Christian School that the dismissal was based on failure to comply with school policies that are based in Matthew 18 principles. This made it a theological dispute over which the court could not exercise jurisdiction under First Amendment principles. The majority also dismissed one of the claims because there was no evidence that the camera had ever been used to film anything. Three justices dissented, each as to different aspects of the majority's opinion.

Religious Objections Impede Prosecution Of US Soldiers In Iraq Murder Case

U.S. authorities are preparing their case against five soldiers from the 101st Airborne Division who are accused of raping and murdering 14-year old Abeer al-Janabi near the town of Mahmoudiya in Iraq on March 12. A sixth soldier is accused of failing to report the crime. Those still on active duty face an Article 32 hearing, a proceeding similar to a grand jury. However the prosecution is being impeded by objections from the girl's family to the exhumation of her body. The Associated Press today reports that al-Janabi's relatives have refused to allow her body to be exhumed after objections from a Muslim cleric. Islamic law views exhumations as desecration of the dead. Iraqi Prime Minister Nouri al-Maliki argues that Iraqi courts should try cases of abuse by American soldiers and has called for a review of the agreement giving foreign troops immunity from Iraqi prosecution.

Colorado City Will Limit Display To Christmas Trees

Fort Collins, Colorado city council last Tuesday voted to continue to display only Christmas trees during the 2006 holiday season, rejecting requests to also include a menorah in the December holiday display. The Coloradoan today quotes Council Member Kurt Kastein: "I'm not afraid to say it's Christmas. And I have no problem defending a Christmas tree in the public display." The city's Human Relations Commission said that limiting displays to Christmas trees would be exclusionary. It recommended that city property be made available year-round for displays by private groups that first obtain a permit, and had offered to create a Holiday Display Community Task Force.

Suits Against Las Cruces For Using Crosses In City Logo Pending

The Las Cruces Sun-News yesterday reported on developments in a federal lawsuit that had been filed last September challenging the presence of three crosses in the official emblem of the city of Las Cruces, New Mexico. (See prior posting.) The question is whether the city is violating the establishment clause in spending public funds to put the crosses on city logos and city buildings. In the latest development, plaintiffs are challenging a report by New Mexico State University history professor Jon Hunner, who was selected to provide the court with a history of the city's symbol. Plaintiff Paul Weinbaum says the report is tainted by a conflict of interest because Hunner was also providing a similar report to the city's Convention and Visitors Bureau. The city has spent $16,000 in legal fees so far. Trial in the case is set for Nov. 27. Another case against the Las Cruces Public Schools for its use of crosses on its vehicles and logos is also pending.

Minister In Congress Opposes Amendment To Ban Gay Marriage

Emanuel Cleaver (D-MO), a United Methodist Minister in Kansas City, is the only member of the U.S. House of Representatives who is a practicing clergyman. Today's Charlotte Observer reports that Cleaver is strongly opposed to the proposed constitutional amendment to define marriage as between a man and a woman. The House is expected to vote on the amendment this week. Cleaver says that government should not meddle in a religious sacrament, arguing: "Marriage is a spiritual issue. That's not for the Congress to dictate, no more than it's appropriate for Congress to dictate how much bread should be used in communion. Communion is a sacrament. Marriage is a sacrament. Why not just put all the sacraments in the Constitution?"

US Senate Urges Russia To Protect Unregistered Religious Groups

On Friday, the U.S. Senate passed by unanimous consent S. Res. 500. The Resolution expresses the sense of Congress that the Russian Federation should fully protect the freedoms of all religious communities, whether registered or not, as required by the Russian Constitution and international standards. In March, the House of Representatives passed a similar resolution (H. Con Res. 190). (See prior posting.)

Church Files RLUIPA Challenge In Southfield Michigan

Today's Detroit Free Press reports that Lighthouse Community Church of God is suing the City of Southfield, Michigan in federal court for the right to use an office building it bought in 2004 for church services. Two churches had previously used the same space. The city cited the Church for using the building without an occupancy permit, and that citation was upheld by a state court judge. The Church says that the city has prevented it from adding parking so it can comply with occupancy requirements. Jury selection in the case begins August 7. The case may be the first jury trial in Michigan of a case under RLUIPA. The city has moved to dismiss the case, arguing that RLUIPA was not intended to permit churches to bypass city zoning laws. Church attorney Daniel Dalton says the city wants to let a development firm take over the disputed site in order to build housing.

Recent Law Review Articles Of Interest

Recent law review articles from SmartCILP:

Susan J. Becker, Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead To the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States, 14 American University Journal of Gender Social Policy & the Law 177-252 (2006).

David S. Caudill, Arthur M. Goldberg Family Chair Lecture: Augustine and Calvin: Post-Modernism and Pluralism, 51 Villanova Law Review 299-309 (2006).

Jennifer L. Monk & Robert H. Tyler, The Application of Prior Restraint: An Alternative Doctrine for Religious Land Use Cases, 37 University of Toledo Law Review 747-779 (2006).

Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuallity, and the Paradox of Community and Autonomy.,14 American University Journal of Gender Social Policy & the Law 313-383 (2006).

Routine Judicial Mix-Up Gets Attention Because Of Religious Content

Last month in Honolulu, Hawaii defendant Junior Stowers was acquitted on a misdemeanor charge of abusing his 15 year old son after the boy said it was really his brother who hit him. Just before the jury returned, Circuit Judge Patrick Border issued a standard warning to both lawyers in the case that he did not want any outbursts of emotion in the court room when the verdict was announced. However, Stowers' public defender lawyer did not have time to tell Stowers of the order, and when the jury announced his acquittal, Stowers raised his hands and exclaimed, "Thank you, Jesus!" The judge cited Stowers for contempt, and he was held for six hours until at a hearing the judge realized that Stowers did not know of his order, and released him. The AP story on this rather routine mix up has been carried in media around the world because of the religious expression involved in Stowers' emotional outburst.

Conscientious Objection By Medical Providers Creates Victims

Sunday’s Washington Post carries a story on the personal agony of individuals who have been turned away by health care workers whose religious beliefs lead them to refuse to provide treatment or services. Included are accounts of a lesbian woman who was turned away by a fertility clinic and a woman in Denton, Texas whose pharmacist refused to dispense her the morning-after pill after she was raped on a date. In another case, a doctor refused to send a woman’s records to a clinic where she sought an abortion after discovering the fetus she was carrying had severe deformities. And in Encinitas, Calif., a family practitioner refused a routine physical to a patient who needed it to adopt a baby from Mexico. The doctor said he objected to a single woman's adopting a child.

Brother of FLDS Leader Gets Lenient Sentence

On Friday, Seth Steed Jeffs, younger brother of Fundamentalist Church of Latter Day Saints head Warren Jeffs, was placed on three years’ probation and fined $2,500 for helping fugitive Warren Jeffs evade capture. Today’s Salt Lake Tribune reports on the sentencing. Warren Jeffs is wanted on various charges growing out of the polygamous practices of the FLDS Church. Seth Jeffs could have received a much harsher sentence for harboring a federal fugitive. However, federal judge Robert Blackburn said he found Seth Jeffs "credibly contrite", and said he would not visit the sins of his fugitive brother on him. While Seth Jeffs has promised to distance himself from the FLDS, he still has one legal wife and one “plural” wife that he married in a religious ceremony.