Federal Employee Has Partial Win On Discriminatory E-Mail Policy Challenge

In Gee v. Kempthorne, 2007 U.S. Dist. LEXIS 6695 (D ID, Jan. 30, 2007), an Idaho federal district court has dismissed as moot a First Amendment and RFRA claim by a Mormon employee of the Department of Interior Bureau of Reclamation, but has permitted the employee to move ahead with an equal protection claim for a declaratory judgment that in the future, regardless of the Department's computer use policy, Plaintiff may not be treated differently in the enforcement of those policies because of his religious beliefs. The case grew out of limitations placed on plaintiff's use of his office computer for non-government business after he sent out e-mails objecting to other e-mails he had received from Department employees about recognition of June as Gay and Lesbian Pride Month.

Court Rejects Delay Motion In Wiccan Grave Marker Suit

A federal district court judge in Wisconsin has denied a motion by the U.S. Department of Veterans Affairs to delay the start of a trial in a lawsuit seeking a decision on adding the Wiccan pentacle to the list of permissible symbols on veterans' memorial markers in national cemeteries. The Associated Press reported yesterday that in a one-line order, the court rejected a motion by the VA in Circle Sanctuary v. Nicholson to delay the trial while it finalizes a new rule on gravestone markers. The suit alleges that the VA has already delayed ruling on the matter for over nine years. (See prior posting.) Trial is now set to begin on the matter on June 29.

California Church Moves Ahead With RLUIPA Damage Claim

Yesterday's North County (CA) Times reports that Elsinore Christian Center will move ahead with a $1.9 million damage claim against the City of Lake Elsinore, CA for losses the church suffered when it was prevented from relocating to a downtown building. This follows the church's win last August in the 9th Circuit which upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act. (See prior posting.) A Los Angeles federal district court judge set January 31 as the trial date for this next phase of the case.

Former House Speaker Criticizes Wm. & Mary President

Former U.S. House of Representatives Speaker Newt Gingrich has published an article in National Review Online severely critical of Gene R. Nichol, the president of the College of William and Mary who decided that the state school's chapel would only display a cross on Sundays and during Christian services. (See prior posting.) Gingrich said that the President's "reasoning bears the unmistakable influence of former Supreme Court justice Sandra Day O’Connor, whose major contribution to church-state thinking centers on her concept of endorsement.... Unfortunately, the "endorsement test”"has proven itself a decidedly unhelpful legal criterion. It is indeterminate, bordering on arbitrary, because it focuses primarily on subjective perceptions; its first consideration is not how the law actually treats people, but rather how people feel they are treated by the law. Taken to its logical conclusion, the endorsement test leads to the rule of the perpetually aggrieved, a tyranny of the easily offended."

Arizona Bills Would Aid Women Who Flee FLDS Polygamous Community

Yesterday's Arizona Republic reported that two bills have been introduced into the Arizona legislature to assist women who have fled Colorado City's FLDS Church. Rep. David Lujan, an attorney with the non-profit Justice for Children, introduced HB 2325 that would severely limit courts in granting custody or unsupervised visitation rights to a parent who is practicing polygamy or child bigamy. This is designed to prevent having wives who have fled from being forced to send their children back to a father and his other wives. The second bill, HB 2647, would provide funding for transitional housing to women who have fled a polygamous relationship or have been victimized by child bigamy.

Canadian Marriage Commissioner Charged For Refusing To Perform Gay Marriage

In Regina, Saskatchewan yesterday the Saskatchewan Human Rights Tribunal held a hearing on a discrimination complaint against one of the Canadian province's marriage commissioners who refused to perform a same-sex wedding ceremony on religious grounds. Canadian Press yesterday reported on the hearing. A lawyer for the Saskatchewan Human Rights Commission said that marriage commissioners are required by law to provide civil wedding services for gay couples since same-sex marriage has been legalized in the province. However Orville Nichols, a devout Baptist, said he would have never taken the position as a marriage commissioner if at the time he was appointed there had been a requirement that he perform same-sex marriages.

Dallas Restrictions On Feeding Homeless Challenged

Today's Dallas (TX) Morning News reports that Rip Parker Memorial Homeless Ministry and Big Heart Ministries have filed a federal lawsuit to have Dallas' food distribution ordinance declared unconstitutional. The ordinance, which the city has enforced since February 2006, limits the places where groups can distribute food to the hungry. The primary permissible location is the city's downtown Day Resource Center. The ordinance stopped stopped charitable groups from serving food in vacant lots and cardboard box encampments under bridges. The suit claims that the ordinance violates the plaintiffs' free exercise of religion.

6th Circuit En Banc Rehearing Sought In "Teen Ranch" Case

On Tuesday, a petition for en banc review by the U.S. 6th Circuit Court of Appeals was filed in Teen Ranch v. Udow (see prior posting). The panel's decision upheld Michigan's decision to cut off placement of abused, neglected and delinquent children with Teen Ranch, finding its program coerces religious participation by the youths. Representing Teen Ranch, the Alliance Defense Fund announced the appeal which argues that teenagers initially placed with Teen Ranch can opt out and be transferred to a different rehabilitation program. The Petition For Rehearing argues that these "'opt-out' procedures result in 'private choice' controlling the flow of state funds to religious groups, thus insulating the state from an Establishment Clause violation."

Canadian Argues For Limiting Tax Exemptions For Some Religions

Canadian Catholic News yesterday called attention to an essay by Janice Gross Stein published last Fall in Literary Review of Canada. The University of Toronto political scientist argued that Canada should not make tax exemptions available to religious groups that fail to comply with "Canadian values". This would include the Catholic Church because of its refusal to ordain women. Constitutional lawyer Peter Lauwers said Stein is attempting to force change on religious groups and this, he said, would meant that "the state is no longer being neutral".

Episcopal Diocese Sues 11 Breakaway Churches

The Episcopal Diocese of Virginia has taken the next legal step in the property disputes between the Diocese and eleven local churches in which a majority of members have voted to leave the Episcopal Church. (See prior postings 1, 2.) Eight of those local congregations have already filed lawsuits seeking to transfer their property to the Church of Nigeria through the Convocation of Anglicans in North America. The Living Church Foundation reported yesterday that in each of the eleven suits, the Diocese is seeking a declaration "that there has been an improper trespass, conversion, alienation and use of the real and personal property”; an order upholding "the trust, proprietary and contract rights of the diocese"; an order restraining further use and occupancy of the property by the local congregations; an order transferring legal title to and control of the property to the Diocese; and an order requiring an accounting by local congregations of their "use of all real and personal property".

IRS Posts Online Training Course For Tax-Exempt Organizations

In mid-January, the Internal Revenue Service posted on its website a new web-based version of its Exempt Organizations Workshop on tax compliance issues confronted by small and mid-sized tax exempt organizations, including churches and other religious groups. The Stay Exempt web course covers keeping tax-exempt status, taxation of unrelated business income, employment issues, completing Form 990 and record disclosures.

Namibian Church Sues Government Paper For Defamation

In Namibia, the fast-growing Universal Church of the Kingdom of God filed a defamation suit seeking damages from the government-owned newspaper that ran an article characterizing the church as a "Satanic sect". Today's Namibian reports that the High Court suit against the Southern Times (jointly owned by the Namibian and Zimbabwean governments) focuses on a December 2005 headline that read "State bans 'Satanic' sect' " and which was published above a photograph showing the church's building in Windhoek. In fact the ban was in Zambia, and came after a riot stemming from rumors about the church.

Proposal For Court-Stripping Amendment To Arizona Constitution

Arizona State Senator Karen Johnson yesterday introduced a proposed state constitutional amendment (SCR 1026) that would strip all state courts in Arizona of jurisdiction over

any matter to the extent that relief is sought against the federal, the state or a local government or against an officer or agent [of such governments], whether or not ... acting in his official or personal capacity, concerning the government's of the officer's or the agent's acknowledgement of God as the sovereign source of law, liberty or government.

Today's Arizona Daily Star says that Sen. Johnson has introduced the amendment in reaction to decisions in other states finding problems with "under God" in the Pledge of Allegiance and with 10 Commandments displays on public property. Johnson explained her concerns:

In the (federal) Constitution, what it means is that there is to be no state religion. But we're supposed to have religion in everything — the opportunity to have religion in everything. I want religion in government, I want my government to have a faith-based perspective. The courts do their own thing. They're making up law out of how they feel about things. They're not following the Constitution.

The proposed amendment would not affect federal court jurisdiction over suits challenging governmental support of religion.

Israeli Court Convicts Muslim Husband For Unilateral Divorce

In Israel, a Magistrate's Court in Nazareth has convicted a Muslim man of ending his marriage without his wife's agreement and against her will. Yesterday's Haaretz reports that the husband began proceedings in a religious court, but became angry at accusations made by his wife and called for a divorce. Magistrate Court Judge Taufik Katili in his ruling wrote that "defendant's act was arbitrary, carried out during ongoing court discussions while ignoring court procedures. By so doing the defendant objectified and demonized the complainant while disregarding her autonomous will and right to joint determination over the fate of their relationship." The Magistrate's Court sentenced the man to five months of community service and a fine of NIS 30,000.

UPDATE: From Emory's Islamic Family Law site: "Israel's Women's Equal Rights Law 1951 provides penal sanction of imprisonment for husband's unilateral decision to divorce against wife's will and in absence of court judgement permitting such repudiation, but repudiation remains valid."

Rape Victim Denied Morning After Pill By Jail Worker With Religious Objections

The Associated Press yesterday reported on a case in Tampa, Florida in which a rape victim, after being taken to a rape crisis center where she was given the first dose of the morning-after pill, failed to get the needed second dose on time because of religious objections of a Tampa jail worker. While police were investigating the rape of the 21-year old college student, they discovered that she still owed a $4585 fine under an outstanding juvenile warrant from 2003. So they stopped their investigation and arrested the victim. That is where a jail worker refused to give the victim her next dose of medication on religious grounds. The victim ended up taking the second pill a day late after she was released from jail.

Trial Held On Kindergartener's Jesus Poster

On Monday, a New York federal district court heard witnesses in Baldwinsville Central School District v. Peck, on remand from the Second Circuit Court of Appeals. (See prior posting). The suit was filed after suburban Syracuse school officials folded a kindergarten student's environmental poster in half to hide a robed figure representing Jesus before displaying the poster at a school assembly. The Second Circuit sent the case back to the trial court to determine whether the school district had engaged in unconstitutional viewpoint discrimination, and whether the school had a compelling interest to take the action it did. Mathew Staver, lawyer for the student's mother said "We think we have shown that a secular picture would not have been covered up and this was censored only because of its religious nature. And that is unlikely that anyone would have misconstrued the full display of Antonio's picture as the school district supporting the establishment of a religion." The Associated Press yesterday reported on the trial.

Italian Judge Is No-Show At Hearing On Requirement For Cross In His Courtroom

In Italy, Judge Luigi Tosti failed to show up at a hearing Tuesday on whether he has violated the law by refusing to hear cases in his courtroom so long as a crucifix remains on display in it. Apparently this is the appeal of an October 2005 conviction. (See prior posting). UPI reports that Tosti, who is Jewish, says that courtrooms in Italy should be religiously neutral. While Italy's constitution requires separation of church and state, local authorities have been given the right to display crucifixes, crosses and other religious symbols in schools, courtrooms and other public buildings. Italy's Justice Department says that the Rocco Code, adopted during the Mussolini era, which requires the cross to be placed in Tosti's courtroom, still governs on this issue. (See prior posting.)

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.