Recent District and Circuit Court Prisoner Free Exercise Cases

In Armstrong v. Beauclair, 2007 U.S. Dist. LEXIS 24008 (D ID, March 29, 2007), an Idaho federal district court concluded that various Idaho correctional officials and members of the Idaho Parole Commission violated the Establishment Clause by requiring an inmate, over his religious objections, to attend a religiously-based prison rehabilitation program prior to considering his eligibility for parole. The court required that the inmate be granted a new parole eligibility interview and hearing at which his refusal to attend AA sessions would not be considered. It also permitted plaintiff to move ahead with his damage claims against some, but not all, of the defendants.

In Johnson v. Sherman, 2007 U.S. Dist. LEXIS 24098 (ED CA, April 2, 2007), a California federal district court rejected a Rastafarian prisoner's request for a preliminary injunction to prevent prison officials from requiring him to submit to a tuberculosis skin test. The court found that the state had a compelling interest in requiring the test.

In Thomas v. Montana State Prison, 2007 U.S. Dist. LEXIS 25088 (D MT, April 4, 2007), a Montana federal district court affirmed a magistrate's decision rejecting the claim of a member of the Asatru Odinist faith that he was denied access to texts, tools and land necessary for religious worship.

In McFarland v. Ellis, 2007 U.S. Dist. LEXIS 25126 (ED CA, April 3, 2007), a California federal Magistrate Judge permitted a Muslim inmate in a federal prison to proceed with free exercise, equal protection and RLUIPA claims. Plaintiff claimed that he was denied a ceremonial meal to celebrate Eid-ul-Adha (feast of sacrifice), while Jews and Christians were accommodated with special food on their holidays.

In Spratt v. Rhode Island Dept. of Corrections, (1st Cir., April 6, 2007), the U.S. 1st Circuit Court of Appeals reversed a lower court and held that under RLUIPA, Rhode Island had failed to justify its blanket ban on inmates preaching to other inmates. It failed to show that the state's interest in prison security was furthered by the application of the ban to plaintiff who had been preaching in prison for seven years under a prior warden without incident. The Boston Globe on April 7 reported on the decision. (See prior related postings, 1, 2.)

In Safouane v. Fleck, (9th Cir.,March 30, 2007), the U.S. 9th Circuit Court of Appeals affirmed a lower court ruling that a Muslim prisoner's free exercise rights were not infringed when correctional authorities refused to permit her to wear her hijab in jail. Much of the decision, as well as the dissent, focused on other claims in the case.

In Nelson v. Runnels, 2007 U.S. Dist. LEXIS 25327 (ED CA, March 22, 2007), a California federal Magistrate Judge rejected as too vague a prisoner's allegations of RLUIPA violations. Plaintiff alleged that defendants had denied him access to religious services and threatened him for not complying with the grooming standards.

In Keen v. Noble, 2007 U.S. Dist. LEXIS 25211 (ED CA, April 4, 2007), a California federal Magistrate Judge recommended dismissal of First Amendment and RLUIPA claims by a prisoner of the Asatru faith. Plaintiff had requested that he be permitted to possess "runestones" as personal religious property and to construct a "hof" in which to conduct religious practices.

Pope Attempts To Re-Christianize Europe

The cover story in Easter Sunday's New York Times Magazine is on Pope Benedict XVI's attempt to re-Christianize Europe. Titled Keeping the Faith, the wide-ranging article on the Pope's background and beliefs and on the state of Christianity in Europe today concludes:

Benedict may be right that the Catholic Church has a world-historic chance to transform Europe and bring about change. But the church's own strictures could work against that. The paradox may be that for all his stylistic softening as pope, Joseph Ratzinger's own labors through the decades, applying his life experience with such rigor to protecting and preserving the church, are precisely what prevent Europeans from reconnecting with their roots. "Think of the silencing of theologian in recent decades," said Father Reese, the former editor of the Jesuit journal America. "The suppression of discussion and debate. How certain issues become litmus tests for orthodoxy and loyalty. All of these make it very difficult to do the very thing Benedict wants...."

Easter At The White House

On Friday, President George W. Bush issued his 2007 Easter Message (full text). It says in part: " In this season of renewal, we can rejoice in Christ's rising, draw strength and inspiration from His example, and remember that in the end, even death itself will be defeated. This Easter we pray for all our men and women in uniform and for the military families whose loved ones are deployed on important missions in distant lands. We remember especially those who have given their lives in freedom's cause. On this powerful day, let us join together and give thanks to the Almighty for the glory of His grace."

The White House Visitor Center features the traditional State Easter Egg Display of eggs decorated by artists from each state and the District of Columbia.

On Monday, the White House will host the annual White House Easter Egg Roll. The event has become increasingly politicized in recent years. CNS News reports that this year again the Family Pride Coalition is organizing lesbian, gay, bisexual, and transgendered parents and their families from all over the country to line up for tickets to the event. Anti-war groups plan to use this year's event to demonstrate against the war in Iraq. While the Easter Egg hunt is taking place on the South Lawn of the White House, the Vineeta Foundation and other groups will be sponsoring "the inaugural annual (Not So) White House Cluster Bomb Hunt" across from the White House at Lafayette Square.

Easter Service At Daley Plaza Raises Church-State Issue

At city-owned Daley Plaza in Chicago, a 19-foot cross was put up on Good Friday, and it will remain for a sunrise Easter Sunday religious service. WBBM780 reports that permitting the Sunday service on public property has raised some church-state objections. However, one of the planners of the sunrise service, attorney Thomas Brejcha, says that the Plaza is a public forum, and people should be able to use it to express religious ideas as well as political ones.

Scholars Analyze Defenders of Sectarian Government Invocations

Today's Winston-Salem Journal carries an interesting article analyzing the highly emotional debate in Forsyth County, North Carolina, over the sectarian invocations that have traditionally been offered at county commission meetings. Last month, the county commissioners were sued to end the practice. Bill Leonard, the dean of the Divinity School at Wake Forest University, said that attacks on sectarian prayers are attacks on the prestige and majority status of Protestants. Duke Divinity School professor Curtis Freeman agrees, saying "It's all about maintaining cultural control."

Article Profiles Alliance Defense Fund

Earlier this week, the Washington Spectator ran a long article on the activities of the Alliance Defense Fund, titled: Army of God-- The Legal Muscle Leading the Fight to End the Separation of Church and State. Here is an excerpt:

Through its National Litigation Academy, ADF has trained more than 900 lawyers, who commit themselves to performing 450 hours of pro bono legal work "on behalf of the body of Christ." It doles out millions of dollars a year to other Christian Right organizations—many of which are already well endowed—to cover attorneys' fees and costs.

Its three principal goals are protecting the "sanctity of human life" ...; promoting the "traditional family" ...; and ensuring the "religious freedom" of Christians.... Using the propaganda machinery of conservative media outlets and churches, ADF has created a zeitgeist of Christian victimhood....

(See prior related posting.)

Two Break-Away Church Cases Make News

The Grand Rapids Press reports that a state circuit court ruled on Friday it lacked jurisdiction to decide the disputed ownership of the historic Lamont, Michigan building housing the Lamont Christian Reformed Church. Instead, the issue must be decided by the congregation's parent body. In 2005, a majority of the church members broke away after their pastor-- convicted of drunk driving and obscene and disorderly conduct-- was deposed by the parent Christian Reformed Church. Those members sued claiming a right to the church building. However they failed to follow the parent church's guidelines for disaffiliation. The court held that the Christian Reformed Church has a hierarchical form of government. Property disputes "must be resolved through the denomination through its deliberative and adjudicative bodies." [Thanks to Brian D. Wassom for the lead.]
UPDATE: Here i s the full opinion in Lamont Community Church v. Lamont Christian Reformed Church, (MI Cir. Ct., April 4, 2007). [Again thanks to Brian Wassom.]

Meanwhile, yesterday's Rocky Mountain News reported that Colorado's largest Episcopal parish-- Grace Church and St. Stephen's in Colorado Springs-- has filed suit in state court asking a judge to declare that Colorado's Episcopal Diocese does not own the assets of the parish. Last month the parish-- upset over liberal rulings of the Episcopal church nationally-- voted to join the Convocation of Anglicans in North America, a missionary diocese affiliated with the Church of Nigeria. The Colorado Diocese than began to inform banks holding accounts of the parish that the break away members of the parish did not own the church's assets. Instead, it claimed, the bank accounts belong to members who remain loyal to the Episcopal Church USA and the Colorado Diocese.

Christian Terrorism Simulation In New Jersey School Outrages ACLJ

NewsMax yesterday reported that the American Center for Law & Justice has complained to New Jersey's Burlington Township High School about a simulated terror attack used to train students to respond to a real emergency. In the simulation, two armed policemen pretending to be members of a right wing fundamentalist Christian group forced their way into the school and pretended to shoot students in the hallways. Then they took 10 students hostage and locked themselves in the school’s media center. Supposedly the intruders were angry because the daughter of one of them had been expelled for praying before class.

ACLJ's letter to school officials argues that the simulation, and particularly the publicity about it, violated the Establishment Clause by targeting and publicly demeaning the Christian religion. The letter demanded a public apology. ACLJ said that no other group in America would tolerate that kind of hostility.

Florida Condo Will Permit Mezuzahs

Under pressure from the Florida Attorney General's office, a Fort Lauderdale condominium board has agreed that residents will be allowed to attach mezuzahs to the outside doorposts of their apartments. However residents will be required to ask for approval from the condominium board before putting up a mezuzah. Today's South Florida Sun-Sentinel reports on the developments. (See prior posting.)

NY Church Can Rent State Space; But Lawsuit Continues

After being sued last week by the Alliance Defense Fund, state officials have agreed to rent space in the Dulles State Office Building in Watertown, New York to the Relevant Church for it to use for Easter morning services. Newswatch50, however, reports that the lawsuit will continue in order to get the state to broadly change its policy that excludes religious groups from renting state-owned facilities.

Texas Legislator Walks Out On Muslim Prayer

On Wednesday, the invocation opening the session of the Texas Senate was offered by Imam Yusuf Kavacki. However when he offered blessings from the Koran, Sen Dan Patrick walked out in protest. He said: "we are a state of nation with freedom of religion under which we are entitled to pray and that is remarkable. But in many parts of the world, Jews and Christians would not be given that same right.... We are a nation that allows a Muslim to come in with a Koran but does not allow a Christian to take a Bible to school ... We are a Judeo-Christian nation, primarily a Christian nation." Yesterday's Daily Texan criticizes Patrick's actions.

Workplace Religious Freedom Act Compromise May Be Evolving

Haaretz yesterday carries an interesting article on the compromise proposals that are developing in the attempt to obtain enactment of the Workplace Religious Freedom Act by the U.S. Congress. (See prior related posting.) Some 40 faith organizations across the political spectrum favor the bill that would assure accommodation of religious beliefs in the workplace. However, a number of civil rights groups fear that the bill will be used by conservatives to harass gays and lesbians, proselytize co-workers, refuse to fill contraceptive prescriptions for women, and refuse to protect abortion clinics. Now at least two Jewish groups-- ADL and Hadassah-- favor a compromise that would limit the bill to claims involving religious dress and grooming, and time off for religious observance. A number of other Jewish groups however oppose any weakening of the original bill.

British County Refuses To Fund Easter Cross

For years in the British county of Lancashire, church volunteers have put up a large cross in the St. Annes' town square at Easter time. Now however, according to yesterday's Daily Express, European Union health and safety rules require that they hire contractors for the job. However, Lancashire County Council has refused to fund the costs of contractors saying that it would be an improper use of county funds. This in turn has led to a protest by residents who claim that the county is wrong in thinking that non-Christians would be offended by the cross. MP Philip Davies called the council decision "completely barmy".

Jews for Jesus Win Right To Leaflet In Two Cases

A New York trial court on Wednesday found that an Oyster Bay, New York permit ordinance is unconstitutional, and dismissed criminal charges against a member of Jews for Jesus who was arrested for handing out religious literature in an Oyster Bay park. In People v Mendelson, (Nassau Co. Dist. Ct., April 4, 2007), the court held that the ordinance contains no guidelines for the Town Board to use in deciding whether to grant or deny a permit. The ordinance was found to be unconstitutional on its face because of the complete discretion given to officials in deciding whether to permit leafleting in Oyster Bay parks.

Meanwhile in Los Angeles, a federal judge on Monday issued a preliminary injunction protecting the rights of members of Jews for Jesus to hand out literature in public parks. In Jews for Jesus v. City of Los Angeles, (CD CA, April 2, 2007), the court ordered police to protect Jews for Jesus members who plan to hand out literature outside the Israel Independence Day Festival planned for later this month in Los Angeles' Woodley Park. However, distribution must be at least 10 yards away from the festival entrance. An ADF release discusses the decision.

Former MI State Trooper Says He Cannot Be A Chaplain

The Associated Press today reports that a retired Michigan state trooper has filed an unusual civil rights claim arguing that he is being pressured to serve as a chaplain even though he is not ordained. The police officer was injured in an auto accident while on the job. Initially the state granted him workers' compensation payments, but later terminated them because he refused to accept a position as a Department of Corrections chaplain. Former trooper Bruce Paris, a Pentecostalist, holds a master's degree in biblical studies, but says that his conscience will not permit him to work as a member of the clergy without being called. A bishop of the Church of God In Christ says that it would violate church doctrine for Paris to take the chaplain position.

Another City Authorizes A 10 Commandments Monument

On Tuesday, the Bloomfield, New Mexico City Council voted unanimously to authorize a Ten Commandments monument in front of Bloomfield City Hall. The monument will cost between $5 and $6 thousand. A fund has been set up through a non-profit religious organization to permit individuals to make contributions independently or through their churches. Yesterday's Farmington (NM) Daily Times reported Council rejected the suggestion that other historic documents be put up along with the Ten Commandments. Shirley Olbert, a retired history teacher who supports the proposal said: "The Ten Commandments are basically a law of the land from a historical standpoint — it's what our Founding Fathers used to reflect a lot of their issues and our historical documents."

Challenge To Faith-Based Jail Program Settled

On Tuesday, a settlement agreement was filed in a Scranton, Pennsylvania federal district court in a suit that had challenged a proselytizing faith-based vocational training program that was operated at the Bradford County jail. The Towanda (PA) Daily & Sunday Review reported on the settlement. Without admitting wrongdoing, the county agreed not to use public funds to support religious activities or maintain buildings primarily used for religious activities. It also agreed not to discriminate on the basis of religion in publicly funded programs. The Firm Foundation program, which ended in 2005, had been designed to train prisoners in life skills. (See prior posting.)

Mt. Soledad Plaintiff May Not Depose Officials On Legislative Motivations

Litigation challenging the San Diego, California Mt. Soledad cross and the memorial surrounding it never seems to quite end. Earlier this week, a California federal district court issued an interesting decision denying the plaintiff in one of the suits the right to depose Congressional Representative Duncan Hunter and the City of San Diego Mayor Jerry Sanders. Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 24093 (SD CA, April 2, 2007), is a challenge under the Establishment Clause to H.R. 5683 that transferred title to the cross and memorial to the United States. Plaintiff sought to depose the mayor and the Congressman about the purpose underlying the legislation. The court held that the deposition of Rep. Hunter is precluded by the Constitution's "speech and debate" clause and that the information sought in both depositions-- the subjective motivation of legislators-- is not relevant to plaintiff''s Establishment Clause claim.

Court Orders Marine Discharged As Conscientious Objector

The Associated Press reports that last Thursday, a California federal district judge ruled that Marine Lance Corporal Robert Zabala should be discharged as a conscientious objector. Zabala, who followed some Buddhist traditions, argued that the sanctity of life formed the moral center of his life. Judge James Ware's opinion in the case is available on Westlaw. The case is Zabala v. Hagee, 2007 WL 963234 (N.D.Cal., March 29, 2007).

Colorado Church's RLUIPA Claim Survives Dismissal Motion

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2007 U.S. Dist. LEXIS 23701 (D. CO, March 30, 2007), a Colorado federal district court rejected a county's motion to dismiss a church's claim that denial to it of a special use permit violated RLUIPA. The court held that there were issues of fact as to whether the denial imposed a substantial burden on the church's free exercise of religion, whether the church's project would affect interstate commerce, and whether the county's zoning scheme subjected the church to an individualized assessment that is necessary to trigger RLUIPA. The court also held that the church's complaint adequately stated free speech, free exercise and equal protection claims.