Suit Seeks Right To Proselytize Outside Shopping Center

On Monday, Alliance Defense Fund filed suit in federal court against the city of Jacksonville, Florida on behalf Christian activist John Schaffer to vindicate his right to proselytize passersby near Jacksonville Landing shopping center. (Press release.) At issue are his speech rights in the exterior commons area and perimeter sidewalks of the Landing. These are owned by the city and are not leased to the shopping center. The complaint in Schaffer v. City of Jacksonville (full text) alleges violations of the First and 14th Amendments and of Florida's Religious Freedom Restoration Act. ADF has filed a Memorandum in Support of Plaintiff's Motion for Summary Judgment.

Court's Revocation of Treatment Alternative Not Based On Religion

In State of Ohio v. Caulley, (OH 12 Dist. Ct. App., Jan. 22, 2007), an Ohio appellate court upheld a trial judge's revocation of a community control sanction that allowed a convicted defendant to attend a treatment program instead of serving his 3-year prison sentence. Keith Caulley had asked to be removed from the MonDay program because it violated religious beliefs. He said that the program would require him to report the disruptive behavior of other participants, contrary to his religious beliefs. He believed that it is only God's job to judge.

In revoking the community control sanction and sentencing Caulley to prison, the judge made remarks such as: "Can you tell me where in the Bible it says it is all right to drink and drive, it is all right to flee the police, it is all right to steal your children? You have a record that is four pages long, what part of God's plan does that come under?" Caulley claimed that this demonstrates his sentence was based on his religious belief, in violation of Ohio Revised Code 2929.11(C) and the First Amendment's Establishment Clause. The Court of Appeals, however, disagreed, finding that the judge's remarks were merely an expression of skepticism regarding the sincerity of Caulley's religious beliefs that he claimed prevented him from completing the MonDay program

Jacksonville Settles "Day of Faith" Lawsuit

The city of Jacksonville, Florida has settled a suit filed against it last summer challenging city sponsorship of a Day of Faith anti-violence rally. (See prior posting.) Yesterday News4Jax reported that the city has issued a directive providing that all future city programs must have a secular purpose, must not advance or inhibit religion, and must not foster excessive entanglement with religion. The city will also pay plaintiffs, American Atheists, $5000 plus court costs.

Christian Leaders Press Again For Religious References In EU Constitution

Reuters reported this week that as Germany is attempting to revive efforts to get agreement on a Constitution for the European Union, Catholic and Protestant leaders are stepping up their campaign to have a reference to Europe's Christian heritage included in the document. A 2004 draft included a reference to the continent's "cultural, religious and humanist heritage". Christian religious leaders however are urging German Chancellor Angela Merkel -- a pastor's daughter -- to press for a stronger statement during her current term as EU president. However religious leaders are unlikely to be successful since the EU is currently negotiating with largely Muslim Turkey for its entry into the EU. (See prior related posting.)

Suit Claims Church-Sponsored Youth Cabaret Is Religious Activity

In Albany, New York, Trinity Methodist Church has been charged with zoning violations because its New Age Cabaret featuring drug- and alcohol-free shows is considered by the city to be an illegal nightclub. Today's Albany Times Union reports that police ordered the show closed down last July after neighbors complained about noise and youths on the street. In December, City Court Judge Gary Stiglmeier rejected the church's motion to drop the zoning charges, and set trial to begin February 2. Stiglmeier wrote that the protection for religion extends to "worship or the discussion of religious beliefs, participating in the sacramental use of bread and wine, and proselytizing," and that here the Church was trying to improperly extend the definition. However, Michael Rhodes-Devey, a lawyer representing Trinity in the federal lawsuit, said: "There is no difference between Trinity's shows and the dinner dance for couples at the Catholic church where they play music that has nothing to do with religion."

Last Friday Trinity Church filed suit in federal district court claiming that the city is violating the church's free exercise of religion. The church is seeking a federal order permitting it to reopen its musical shows. It will also seek a postponement of the zoning violations trial in state court.

Catholic Church In England Threatens To Close Adoption Services Over Gay Rights Law

BBC News reports today that Cardinal Cormac Murphy-O'Connor, the head of the Catholic Church in England and Wales, has written to Britain's cabinet ministers to tell them that the Church will be forced to close down its adoption agencies if the Church is not permitted an exemption from new rules that will require agencies to permit placement of children with gay and lesbian couples. The Equality Act, which comes into force in England, Scotland and Wales in April, prohibits discrimination in the provision of goods, facilities and services on the basis of sexual orientation. Catholic Church's agencies handle only 4% of all adoptions (about 200), but these comprise about one-third of the children who are difficult to place. (See prior related posting.)

Australian State Funds Rebuilding Of Destroyed Catholic Church

In Australia, the government of the state of Western Australia has given $2.5 million in disaster aid to the Catholic Diocese of Bunbury to help rebuild historic St Patrick's Catholic Cathedral that was largely destroyed in a 2005 tornado. Developments were reported in today's Catholic News. The Australian Constitution imposes some constraints on the federal government under its establishment clause, but these do not limit the separate Australian states. (Background).

Court Orders Illinois To Issue "Choose Life" License Plates.

Last week in Choose Life Illinois, Inc. v. White, Case No. 04-C-4316 (ND IL, Jan. 19, 2007) [opinion available on PACER] an Illinois federal district court ordered the Illinois Secretary of State to issue "Choose Life" specialty license plates, finding that the Secretary of State's denial amounted to unconstitutional viewpoint discrimination against private speech. The court found that under Illinois law, enabling legislation is not needed for each new specialty plate design, so long as the requisite number of applications for a plate design is received and other design requirements are met. The district court stayed its order for 30 days so the state would have time to file an appeal. Today's Chicago Tribune reports on the decision.

Church Autonomy Leads To Dismissal of Damage Claim For Disfellowshipping

In Anderson v. Watchtower Bible and Tract Society of New York, (TN App., Jan. 19, 2007), a Tennessee state appellate court dismissed a suit brought by two former members of the Congregation of Jehovah's Witnesses seeking $20 million in damages because of their expulsion from the organization and related injuries. They asserted various claims growing out of their disfellowshipping and shunning after they went public with charges about the church's handling of child sexual abuse allegations. The court held that plaintiffs' claims should have been dismissed because they are barred by the First Amendment's protection of purely religious matters from interference by secular courts. The court rejected plaintiffs' claims that the religious reasons given by the church were merely pretexts-- saying that courts are precluded from making that sort of inquiry. The court also rejected plaintiffs' defamation claims. The Associated Press reported on the decision yesterday.

Cert Filed In Title VII "Ministerial Exception" Case

The Associated Press reported yesterday that a petition for certiorari has been filed with the U.S. Supreme Court in Petruska v. Gannon University. In the case, the U.S. 3rd Circuit Court of Appeals had held that the "ministerial exception" to Title VII of the 1964 Civil Rights Act precluded recovery by a female chaplain who claimed that she was demoted at Gannon University because she was a woman. (See prior posting.)

6th Circuit Ends Funds For Faith-Based Group That Coerces Religious Participation

In Teen Ranch, Inc. v. Udow, (6th Cir., Jan. 17, 2007), the U.S. 6th Circuit Court of Appeals upheld the decision of Michigan's Family Independence Agency to stop placing abused, neglected and delinquent children with Teen Ranch because the faith-based organization coerces religious participation and incorporates religious teaching as part of its treatment plan for troubled youth placed there by the state. The Michigan statue authorizing contracts with faith-based organziations provides that no state funds shall be used for sectarian worship, instruction, or proselytization. The provision follows the madate of federal law. The Court of Appeals upheld the district court's finding that youth participants did not have a true private choice to opt out of religious activities. Finally the court held that federal law, 42 USC 604a, limits Teen Ranch to a suit in state court insofar as it is attempting to assert a violation of provisions of federal law allowing faith-based organizations to participate in contracts using federal funds given to states under the TANF block grant program.

As Appeal About To Be Argued, Controversial Texas Monument Is Removed

Tomorrow the U.S. 5th Circuit Court of Appeals will hear arguments en banc in Staley v. Harris County Texas, to review a 2-1 a panel decision upholding an Establishment Clause challenge to a monument to a local philanthropist that contained a Bible and was located on the grounds of the Harris County, Texas courthouse. (See prior posting.) However the case now takes on a new twist. Today's Houston Chronicle reports that last Friday the monument was totally removed from the courthouse lawn as part of a courthouse renovation. The Bible had already been removed in response to a federal court order. The contractor carrying out the renovation said the county wants to reinstall the monument elsewhere on county property with the Bible back in it. Plaintiff's attorney Randall Kallinen says this is an attempt by the county to get the case dismissed as moot.

UPDATE: A report from the Houston Chronicle covers oral arguments that were held on Tuesday before 16 judges on the 5th Circuit. Questions focused on whether the case had become moot, instead of focusing on the merits. In response to a question from Judge E. Grady Jolly, plaintiff's lawyer said his client would accept a mootness finding if the district court's decision and ruling on attorney fees were not vacated.

RLUIPA Suit In Offing Over Proposed NY Rabbinical College

Yesterday’s New York Times reported on a religious land use dispute in the village of Pamona, New York. The Brooklyn-based Congregational Rabbinical College of Tartikov has purchased 100 acres of land in the village for $13 million in the Rockland County village. It plans to build a college to educate rabbis to become religious judges in civil disputes among Orthodox Jews. Organizers say 1,000 rabbis would be housed here along with their families in buildings as tall as 6-stories. Each rabbi would study for 15 years. The formal proposal which is expected next month, will call for as many as ten buildings with up to 4,500 residents and parking for 1,000 cars. The current population of Pamona is only 3,200. Already there are problems with adequate sewers and drinking water. City officials expect a RLUIPA lawsuit to be filed in order for the group to get the zoning approvals it needs. Also, the history of bloc voting by growing Orthodox Jewish communities has increased their influence in local politics.

Pennsylvania School District Mulls Closings For Muslim Festivals

In Allentown, Pennsylvania, the Parkland School District board next month will consider a request that schools close down for the Islamic feast of Eid al-Fitr, Eid al-Adha, or both. Yesterday’s Morning Call discusses the issues that school boards face in deciding whether to close down for various religious holidays.

Scotland Yard Has Problem Accommodating Muslim Recruit

Accommodation of Muslim religious practices by British authorities seems to be posing problems. The Mail today reports on an incident involving a graduating British police recruit. To mark the completion of the 18 weeks of basic training by the recruits, Scotland Yard held a ceremony at which Metropolitan Police Commissioner Sir Ian Blair was to inspect the 200 graduates. One of the graduating recruits-- described as a non-Asian Muslim-- told her training supervisor ahead of time that she could not shake Sir Ian's hand because it was against her religion. The recruit, who wore a traditional Muslim hijab headscarf, also declined to be photographed with Sir Ian because she did not want her picture used for "propaganda purposes" in attempting to recruit Muslims to the police force. While some officers feared that the recruit's beliefs might impede her ability to perform her police duties, she denies this. She says she has no problem in physical contact with men as part of her professional duties. But the graduation parade, she said, was a personal event where here religious beliefs preclude physical contact with unrelated men.

The Mail described the Police Commissioner as "bloody furious" with the recruit's request, but said he agreed in order "not to cause a scene". Apparently he shook hands with all the other recruits in a way that made obvious the Muslim woman's refusal. Life Style Extra says that the incident provided the exiled Saudi-born founder of al-Muhajiroun, which calls for the creation of Sharia law in Britain, the opportunity to tell British Muslims that they should not join the police force because it enforces man-made laws and is against Islam. [Thanks to Little Green Footballs for the lead.]

Vatican Seeks Greater Recognition By China, Turkey

Last week the media reported on talks between the Vatican and two separate countries to improve relations. After two days of meetings between the Vatican and Chinese officials (New York Times, Jan. 20) over whether the Vatican has control over the appointment of Catholic bishops in China, on Saturday the Vatican issued a conciliatory statement (New York Times, Jan. 21) saying it wanted a "respectful and constructive dialogue" to rebuild diplomatic ties with China. However the statement also noted the "grave suffering" of "bishops, priests and the faithful, who without ceding to compromises, have maintained their faith to Seat of St. Peter.

Meanwhile, last week during a meeting with Turkey's new ambassador to the Holy See, Pope Benedict XVI called on Turkey to give the Catholic Church legal status as a recognized religious institution. (AKI, Jan. 19).

Recent Scholarly Publications On Law and Religion

From Bepress:

Mark A. Levine, Put That in Your Thurible and Smoke It: Religious Gerrymandering of Sacramental Intoxication, (Jan. 16, 2007).

From SSRN:

Robert W. McGee, The Ethics of Tax Evasion: A Survey of Episcopal Seminarian Opinion, (Jan. 2007).

Ana Batricevic, Marriage in Compliance with the Serbian Orthodox Church, (March 22, 2006).

From SmartCILP:

Sylvie Langlaude, Indoctrination, Secularism, Religious Liberty, and the ECHR, 55 International & Comparative Law Quarterly 929-944 (2006).

The Journal of Law and Religion (Vol 21, No. 2 has been published). The full table of contents is available online. Among the articles are: AALS 2006 Annual Meeting Papers, Professional Responsibility and the Religious Traditions; and a Law, Religion and Ethics Symposium.

Recently published articles in other journals:
Judge and Society in Antiquity, edited by Bernard M. Levinson and Aaron Skaist. Maarav: A Journal for the Study of the Northwest Semitic Languages and Literatures 12:1–2 (published 2006) includes the following:

Bernard M. Levinson, Deuteronomy’s Conception of Law as an "Ideal Type": A Missing Chapter in the History of Constitutional Law.

Amihai Radzyner, Talmudic Law as Religious Law: The Source of the Desire to Limit Judicial Powers.

New Book:

Gad Barzilai (ed.), Law and Religion, (Ashgate Publishing, Jan. 2007).

Wiccan Employee Accuses Starbucks of Discrimination

Yesterday's Oregonian reported that a suit was filed earlier this month in federal district court in Portland, Oregon by a former employee of Starbucks accusing the company of discriminating against her based on her Wiccan religion. Alicia Hedum, formerly a barista a manager at Starbucks' Hillsboro Landing cafe, said her manager asked her several times to remove her Wiccan cross even though other employees, including the manager, wore Christian crosses.
Hedum said when she would not do so, Starbucks retaliated by refusing to promote or transfer her, reduced her hours and focused on her "minor tardiness."

Kentucky Trial Court Upholds Christian Medi-Share Under Insurance Law

A Franklin County, Kentucky trial court earlier this week ruled in favor of Christian Care Ministry’s Medi-Share Program. The program brings Christians together to share the cost of their medial bills, and support one another with prayers and notes of encouragement. The state Department of Insurance had challenged the program claiming that it fell under the insurance regulatory laws. Judge Thomas D. Wingate however ruled that the program does not involve risk shifting, and so is not subject to Kentucky’s insurance laws. A press release from Medi-Share discussing the decision said that since 1993, members of the program have shared more than $250 million in medical expenses. (See prior related posting.)

California Pastor Won't Disperse Homeless From Church Steps

Today's Los Angeles Times reports that the pastor of Long Beach, California’s First Congregational Church is refusing to comply with orders from the city prosecutor’s office to disperse the 15 to 20 homeless people who camp each night on the steps between the sidewalk and the front door of the church. The prosecutor says that its office has received complaints about urination, defecation and littering, and that the church could face fines of $1000 per day for maintaining a nuisance. The church is relying on a ruling in by the U.S. Second Circuit Court of Appeals protecting a similar situation at midtown Manhattan’s Fifth Avenue Presbyterian Church. (See prior posting.) The prosecutor’s office says a number of the homeless people, who cart cardboard and blankets through the neighborhood to the church each night, have been informed that nearby shelters are available to them. However City Council member Bonnie Lowenthal says the city does not have enough housing for the homeless available. The city and First Congregational Church’s pastor Jerald Stinson will meet shortly to see if a compromise can be worked out.