Preliminary Injunction Denied On Missouri Anti-Funeral Picketing Law

In Phelps-Roper v. Nixon, 2007 U.S. Dist. LEXIS 5783 (WD MO, Jan. 27, 2007), a Missouri federal district court refused to grant a preliminary injunction to prevent Missouri authorities from enforcing the state's anti-funeral picketing law against members of the Westboro Baptist Church who wish to picket funerals of soldiers killed in Iraq and Afghanistan. Their signs generally say that God is punishing America for the sin of homosexuality by killing Americans, including soldiers. (See prior posting.) The court found that plaintiff had not demonstrated a likelihood of success on the merits of her claim that the statute is a content-based restriction on speech and that is overbroad and vague. The court also refused to issue a proposed consent judgment filed by one of the defendants, Prosecuting Attorney for Carroll County, Missouri, that would have permanently enjoined enforcement of the statute. Other defendants in the case objected to the consent judgment.

Russian Prelate Criticizes Teaching Of Evolution

MosNews reports today that Patriarch Alexy II, head of the Russian Orthodox Church, has said that it is unacceptable to impose Darwin's theory of evolution on students in Russian schools. At an educational conference in Moscow, he said: "Teaching the biblical theory of the world’s creation will not harm students. If people choose to believe that they descended from apes, let them, but without imposing their opinions on others."

Indiana Senate Moves Back To Opening Prayers

According to yesterday's Ft. Wayne News-Sentinel, for the first time since 2005, Indiana's Senate opened its session with an oral prayer rather than a moment of silence. The Senate had moved to a moment of silence after a federal district judge said that sectarian prayers used to open sessions of the Indiana House of Representatives were unconstitutional. (See prior posting.) However the Senate's new President Pro Tem, David Long, said members felt it was important to go back to an oral prayer, even if they cannot mention the word Jesus. The Senate prayers will be given by one of six senators at first, Long said. He hopes more Senators will participate later, though some of them feel uncomfortable following judicial guidelines in praying.

Canadian Town Decrees "Norms" For New Immigrants

In Canada, the small village of Herouxville, Quebec has adopted a declaration of "norms" aimed at immigrants who might wish to settle in the town, according to today's Canadian Press. Sponsor of the declaration, Andre Drouin, one of six town councillors, said it was passed in reaction to a number of culture clashes recently in Canada. The 5-page declaration includes a prohibition on stoning women or burning them with acid; a prohibition on carrying weapons to school, including a Sikh kirpan; a prohibition on sex-segregated swimming pools; a provision that female police officers can arrest male suspects; a declaration that women can drive, dance and make decisions on their own; and a statement that children sing Christmas songs at Christmas and adults can drink alcohol. B'nai Brith Quebec called the declaration "an anti-immigrant, anti-ethnic backlash". Salam Elmenyawi, head of the Muslim Council of Montreal, said the declaration is insulting and full of stereotypes.

Public Expressions of Religion Act Reintroduced In Congress

Sen. Sam Brownback (R-KA) yesterday reintroduced into Congress the Public Expressions of Religion Act that would ban plaintiffs from recovering attorneys' fees in civil rights suits against local governments when the successfully challenge public displays of religion and faith. (Press release.) Currently the 1976 Civil Rights Attorney Fees Awards Act (42 USC 1988(b) ) permits recovery of attorneys' fees by successful plaintiffs in Section 1983 suits. The bill was introduced in the last session of Congress. It passed the House of Representatives by a vote of 244-173, but was not voted on in the Senate.

New Mexico Bishops Back Outlawing Of Cockfighting

The Catholic Conference of New Mexico announced that the state's bishops support proposals ( SB 10 and SB 70) in the legislature to ban cockfighting. New Mexico is only one of two states where the practice is still legal. A report from the Catholic News Agency yesterday (which insists on referring to the practice as "rooster fighting") quotes Catholic Conference Executive Director Allen Sanchez: "The church teaches that we are supposed help God's creatures and there are established principles about how to care for animals. It is now time to pass this prohibition and move on to more important issues"-- such as abolishing the death penalty and prohibiting embryonic stem cell research.

Britain's Blair Give Catholic Church 21 Months To Prepare For Gay Adoptions

In Britain yesterday, Prime Minister Tony Blair announced a compromise of sorts with the Catholic Church on implementation of Britain's new Equality Act that prohibits discrimination against gays and lesbians. (See prior posting.) Catholic adoption agencies will not be granted an exemption from the law's provision, but they will have 21 months to prepare for the new rules. Ekklesia reports that if Parliament approves Blair's proposal in February, Catholic agencies will have until the end of 2008 until the rules apply to them. Until then, they will have a "statutory duty" to refer gay couples to other agencies.

Zimbabwe Supreme Court Considers Rastafarian Challenge To School Rules

In Zimbabwe last week, the Supreme Court heard arguments in a case challenging the expulsion of a first-grade boy from Ruvheneko Primary School in Glen Norah because he came to school wearing dreadlocks. The Harare Herald today reports that the boy's family is challenging the school's rule as a violation of the Rastafarian student's religious freedom. Zimbabwe's Constitution (Sec. 19) protects freedom of religion and conscience, but provides that actions "under authority of law ... with respect to standards or qualifications to be required in relation to places of education" do not violate these protections unless the action is shown to "not to be reasonably justifiable in a democratic society". The boy's lawyer argued to the Supreme Court that the school's grooming provision was a rule and not a "law" as that term is used in the exclusion in Sec. 19. The first-grader is currently back in school under a lower court order that permitted him to attend wearing his dreadlocks pending a decision by the Supreme Court.

New Study Praises Ohio's Implementation of Faith-Based Initiative

Baylor University's Institute for Studies of Religion last week (press release) published Ohio Governor's Office of Faith-Based and Community Initiatives: A Case Study. Written by William Wubbenhorst and Dr. Byron Johnson, the study praises Ohio's experience, saying that it has "received far-reaching and bipartisan support and has by all accounts been responsible for achieving many positive outcomes." The report says that Ohio's efforts were guided by three important principles: "a) The importance of protecting the faith identity of faith-based organizations; b) Assuring the appropriate safeguards against proselytizing when using public funds, both through clear communication of church/state boundaries and the development of indirect funding mechanisms; and c) Developing a process for assessing the outcomes and assuring a level of accountability of publicly-funded services."

Rev. Robert Drinan-- Human Rights Advocate-- Dies At 86

Rev. Robert Drinan, the Roman Catholic priest who as a member of Congress and as a Georgetown Law School teacher served as a champion of international human rights died yesterday at the age of 86. Before entering Congress, Drinan served as Dean of Boston College Law School. Today's Washington Post chronicles his life, as does a release from Georgetown University. Elected in 1971, Drinan was the first Roman Catholic priest to serve as a voting member of Congress. He reluctantly resigned in 1981 after the Vatican ruled that priests could not hold legislative positions. (Code of Canon Law, Sec. 285(3)). Drinan authored 12 books, including Can God and Caesar Co-Exist? Balancing Religious Freedom & International Law (Yale Press, 2004); God and Caesar on the Potomac: A Pilgrimage of Conscience (Michael Glazier, Inc., 1985); Religion, The Courts, And Public Policy (McGraw-Hill Book, 1963).

New Prisoner Claims Include Kosher Catholics and Employment Discrimination

In Presley v. Captain, 2007 U.S. Dist. LEXIS 5235 (MD AL, Jan. 19, 2007), an Alabama federal district court permitted an inmate to proceed with free exercise and RLUIPA claims stemming from the alleged denial of access to religious property central to the prisoner's Native American religion at the time of his transfer to a different penal institution.

In Guzzi v. Thompson, (D MA, Jan. 25, 2007), a Massachusetts federal district court denied a preliminary injunction to a Catholic prisoner who claimed that his rights under RLUIPA were infringed when he was denied kosher meals. He argued that traditional concepts of Catholicism require the same dietary laws followed by Jewish sects. However the court held that where the plaintiff makes an argument for protection of a religious practice not generally associated with the system of beliefs of Christian-Catholics to which he belongs, it may properly decide that plaintiff has not shown the likelihood of success on the merits required to support a temporary injunction.

In Rouse v. Caruso, 2007 U.S. Dist. LEXIS 4941 (ED MI, Kan. 24, 2007), a Michigan United States Magistrate Judge permitted an inmate to amend his civil rights complaint to allege that a Department of Corrections employee discriminated against him based on his religious beliefs. The court held that while verbal harassment disparaging a prisoner's religious beliefs "does not embody the type of coercive pressure which amounts to a substantial burden on religious exercise" under RLUIPA, a claim that a prisoner was terminated from his prison employment because of his religion does state a valid RLUIPA claim.

RLUIPA Claim By S.C. Church Dismissed, But 1st Amendment Claim Can Proceed

In Christian Methodist Episcopal Church v. Montgomery, 2007 U.S. Dist. LEXIS 5133 (D SC, Jan. 18, 2007), a South Carolina federal district court dismissed a RLUIPA claim, but permitted a First Amendment claim to proceed, in a damage action brought by a church that was being asked to comply with zoning ordinances by the town of Atlantic Beach, SC. The suit alleged harassment by officials, but the church was not closed down. The court rejected plaintiffs' RLUIPA claim because the owners of of the church's building never attempted to obtain a zoning variance. It held that the Church could not prove that the Town's zoning laws substantially burden the exercise of religion by merely requiring the owners-- or the church as tenant through assignment of the owners-- to apply for a special use permit. The court also found that the Town has a compelling interest in requiring the owners of the land to be involved in the zoning application, instead of permitting the church alone as tenant to apply.

The court however permitted plaintiffs to proceed with their First Amendment claim that officials interfered with their free exercise rights by harassment such as repeatedly stopping by, inspecting and entering the church building, even during services. It held that the Town, and two officials if they acted intentionally, could be liable for damages.

Biblical Quote In Univ. Kentucky Weight Room Is Seen As Unobjectionable

University of Kentucky basketball coach Tubby Smith has approved the carving of a biblical quotation on a six-inch wooden slab that hangs in the middle of the ceiling of the weight room in UK's new basketball practice facility. The quote from Proverbs 27:17 reads: "As iron sharpens iron, so one man sharpens another." Apparently team members see it-- and are inspired by it-- as they lie on their backs lifting weights. The Lexington Herald-Leader today reports that spokespersons for both the ACLU and for Americans United for Separation of Church and State both say that the posting poses no serious church-state issue. American United's Jeremy Lemming said: "If it didn't say Proverbs, I might think it came from a Star Trek episode."

Public School Religious Bill of Rights Introduced In Colorado

Yesterday's Colorado Springs Gazette reports that state Senator Dave Schultheis has introduced SB07, the "Religious Bill of Rights for Individuals Connected with Public Schools Act", into the Colorado Legislature. Here is a summary of what the far-reaching bill would do, taken from a more extensive discussion of it on Sen. Schultheis' website:

Requires the state board of education to adopt a religious bill of rights for public school students and parents and a religious bill of rights for public school teachers and employees.

Directs the state board to distribute the religious bills of rights to school district boards of education.

Mandates each local board to adopt policies and procedures to implement the act, including the annual distribution of the religious bills of rights to students, parents, teachers, and employees of the school district. Directs local boards of education to provide opt out provisions to individuals for classes or course materials that are in conflict with the individual's religious beliefs.

Makes individual members of local boards personally liable for lawsuits brought under the act if the local board fails to adopt policies and procedures to implement the act or to ensure compliance with the act.

Federal Court Says High School Christian Atletes Group Must Get Equal Access

On Friday, according to the Associated Press, a Kansas federal district court granted a preliminary injunction ordering the Pleasanton School District to grant the Fellowship of Christian Athletes all the privileges that are granted to other noncurriculum clubs at Pleasanton High School. The school had been permitting the religious group to meet at the school and post signs announcing its meetings. However it had not been permitting it to be part of the photo club or the prom planning committee.

In England, Suit On Student Wearing Niqab To School

In Buckinghamshire, England, a lawsuit has been filed over the right of a 12-year old Muslim students to wear a niqab (full face veil) at school. On Friday, Bucks Free Press reported that the girl's father has taken the school to court after she was told not to wear her niqab. However the school is unable to afford the costs of defending the case, and the Buckinghamshire County Council (BCC) does not have the funds either. BCC wants to find a compromise that will let the girl return to school. In the meantime, the school is funding the costs of her being taught at home. An initial hearing in the case is scheduled for Feb. 8 in the High Court in London.

Law Prof Suggests New Insights From Old Polygamy Cases

At PrawfsBlawg, Paul Horwitz has an interesting post titled "Teaching the 'Mormon' Cases". He suggests that reading the Reynolds case and Davis v. Beason along with the 1890 Revelation from Wilford Woodruff, then-President of the Church of Jesus Christ of Latter-Day Saints, demonstrates that the Mormon Church's decision to end polygamy illustrates a fascinating effort of a religious group to grapple religiously with a set of secular facts.

Florida City Settles Suit; Permits Use Of Park Facility By Church

On Friday, the Alliance Defense Fund announced that a settlement has been reached in Life Ministries v. The City of Lauderhill Parks and Leisure Services Department, (SD FL, Case No. 06-61874-CIV) (dismissal order). In a complaint filed in a Florida federal district court in December, the religious group claimed that its rights under the First and 14th Amendments to the U.S. Constitution and the Florida Religious Freedom Restoration Act had been infringed when the city refused to permit the group to continue meeting free of charge at a community room at a city park, while permitting other non-profit groups to continue to use the facilities without charge. (ADF release.) Under the settlement, the city will refund the monthly fee that the church was required to pay for several weeks.

Scientologists In Berlin Subject To Sunday Closing Laws

In Germany, residents of an upscale area in Berlin are upset about a new center recently opened by the Church of Scientology. Friday's Spiegel reports that city officials have found a creative way to limit the center's activities. In 1995, the German Federal Labor Court ruled that Scientology is "neither a religion nor an ideology", but merely a business. (Opinion full text in German.) This means that Germany's Sunday closing laws can be applied to the group, preventing it from offering courses or selling postcards, books, educational or fundraising goods on Sundays. Scientology has been under observation by Germany's domestic intelligence officials for a long time because of its aggressive recruitment practices.

Pennsylvania Court Permits Removed Episcopal Priest To Sue His Bishop

The Philadelphia Inquirer reported Friday that a trial court in Montgomery County, Pennsylvania will permit an Episcopal priest to sue his bishop in state court for removing him from the priesthood. The long-running dispute (background documents) pits Rev. David Moyer, rector of Good Shepherd Episcopal Church in Rosemont, Pennsylvania against Bishop Charles E. Bennison Jr. who removed Moyer from the priesthood without granting him an ecclesiastical hearing.

Moyer is a conservative who opposes Bishop Bennison's feminist and gay rights views. After Moyer refused to permit the bishop to preach in his church, the bishop prohibited Moyer from dispensing the sacraments. Moyer then affiliated with the breakaway Anglican Church in America. Focusing on that move, Bennison invoked a little-know provision of church law that permits a bishop to summarily remove a priest who joins another faith. This avoided the public forum that Moyer wanted to use to accuse Bennison and others in the Episcopal hierarchy of disregard for the scriptures. Also reporting on the case, The Living Church Foundation quotes Moyer as taking the position that he did not abandon the Communion of the Church, so that the "abandonment canon" allowing removal without a trial was wrongly applied to him.

The trial court's decision is a surprising one in light of the U.S. Supreme Court's 1976 holding in Serbian Eastern Orthodox Diocese v. Milivojevich, that cast doubt on whether there is an exception for "fraud, collusion or arbitrariness" to the First Amendment doctrine that precludes civil courts from examining decision by hierarchical churches regarding religious disputes. However the trial judge apparently agreed with arguments made by Moyer's attorneys that the priest had no other remedy because Bishop Bennison denied him due process by removing him without a church trial. They also claim Bennison fraudulently concealed relevant documents from the diocesan standing committee that approved the priest's removal.

The trial judge's exact rationale seems unclear because apparently he did not (at least yet) issue an opinion to accompany his ruling. The case has provoked extensive discussion on the Religionlaw listserv ("Landmark First Amendment Religion Litigation?" thread in archive). [Thanks to Aaron J. Stemplewicz and to James Maule via Religionlaw for the lead.]