3rd Circuit Defines "Substantial Burden" Under RLUIPA

In Washington v. Klem, (3d Cir., Aug. 2, 2007), the U.S. 3rd Circuit Court of Appeals settled on a definition of "substantial burden" under the Religious Land Use and Institutionalized Persons Act. It held: "For the purposes of RLUIPA, a substantial burden exists where: 1) a follower is forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one of the precepts of his religion in order to receive a benefit; OR 2) the government puts substantial pressure on an adherent to substantially modify his behavior and to violate his beliefs."

Inmate Henry Washington's religion requires him to read four Afro-centric books each day. The court found that prison authorities substantially burdened Washington's religious exercise by limiting him to having 10 books at any time in his cell. Further, the state failed to show how its policy furthers its interest in safety and health of prisoners and staff.

Alabama School Sued On Behalf of Good News Clubs

In Alabama yesterday, Liberty Counsel filed suit against the Gadsden City School District for its refusal to permit Good News Clubs to meet on school premises. Liberty Counsel says that School Superintendent Rob Russell refused to respond to letters, telephone calls and e-mails seeking a meeting about use of school facilities on an equal basis with other groups. Good News Clubs hold meetings after school for elementary school children and teach them Bible lessons, character development, interpersonal skills and moral values.

Distant Heir To British Throne Will Be Disqualified After Marrying Catholic

Peter Phillips, grandson of Queen Elizabeth and tenth in line to the throne, will be required to renounce his unlikely possibility of becoming king of England now that he has announced his engagement to Autumn Kelly, who was baptized in 1978 as a Roman Catholic. Yesterday's Times Online reports that even if Miss Kelly does not in fact practice her religion, Phillips' marriage to her will disqualify him under the 1701 Act of Settlement that prohibits the monarch or heirs to the throne from marrying a Catholic. Tablet editor Catherine Pepinster said the Act of Settlement is "the last symbol of Britain’s anti-Catholic history". Phillips is the only son of Princess Anne. Currently he performs no royal duties and works for the Royal Bank of Scotland.

Florida County Changes Rules On Distributing Literature In Parks

Responding to a lawsuit filed last month (see prior posting), an Orange County, Florida park official filed an affidavit in federal district court indicating that park rules have been changed. The new rules no longer require county approval of literature before it may be distributed in parks. The affidavit also indicated that plaintiff, Shirley Snyder, is now free to distribute religious literature in public parks. In a release announcing these developments, Liberty Counsel said it was still moving ahead with its lawsuit because "the new policy does not undo the damage caused by the County's original literature ban".

UPDATE: On Aug. 28, the Orange County Board of Commissioners approved a settlement that includes payment of damages to Snyder in addition to its previous change in its park rules. Liberty Counsel says it will now drop the lawsuit.

Columnist Says Faith-Based Initiative Has Been Counter-Productive

An interesting op-ed by Christopher Ringwald, published today by Yahoo News, suggests that President bush's faith-based initiative has been counter-productive. Ring says:

[T]he [faith-based] campaign, ignored by Congress and challenged in court, has dropped off the White House talking points. After a brief mention in the 2006 State of the Union address, it was left out entirely this year.

The initiative did leave another legacy: It gave spirituality a bad name in social-service circles. Sad, since spiritual or religious beliefs and practices help millions of people recover from addiction, mental illness and criminality. Unlike other social services that provide a generic good, such as housing, rehab programs often invoke spirituality as the very means of recovery. But after six years of faith-based talk and funding by federal agencies, mental-health and addictions-treatment professionals are wary of spiritual interventions, which they associate with one religious brand: the conservative Christianity of Bush partisans. In reality, the spirituality of treatment and recovery ranges much more widely, from the Twelve Steps of Alcoholics Anonymous (AA) to meditation, group confession, or yoga.

Court Permits Pharmacist To Sue Employer For Religious Discrimination

In Vandersand v. Wal-Mart Stores, 2007 U.S. Dist. LEXIS 55250 (CD IL, July 31, 2007), an Illinois federal district court refused to dismiss a religious discrimination claim by a pharmacist against Wal-Mart. Pharmacist Ethan Vandersand claimed that Wal-Mart violated Title VII of the 1964 Civil Rights Act and Illinois' Right of Conscience Act when it placed him on unpaid leave after he refused to dispense emergency contraceptives. Wal-Mart claimed it was merely complying with a state regulation that requires pharmacies to dispense Emergency Contraceptives without delay. However, the court held that "it is unclear at this stage whether Wal-Mart could comply with the Rule, and still accommodate Vandersand's beliefs, without an undue hardship.... For example, another pharmacist at the Pharmacy might have been able to fill such prescriptions."

The court also held that that Illinois Right of Conscience Act that prohibits discrimination "against any person in any manner . . . because of such person's conscientious refusal to . . . perform, assist, . . . or participate in any way in any particular form of health care services contrary to his or her conscience" applies to pharmacists.

Government Dismisses Its Appeal Of Order Allowing Religious Postings In Workplace

After initially appealing the decision in Lister v. Defense Logistics Agency to the U.S. 6th Circuit Court of Appeals, the federal government voluntarily dismissed its appeal. (Dismissal order.) The dismissal leaves intact the holding by an Ohio federal district court that it is unconstitutional to prohibit items reflecting religious views from being posted on Notice Boards in the federal workplace. In its release announcing the dismissal, the Alliance Defense Fund explained that the controversy arose out of a federal employee's request "to post a flyer warning that donations made to a federal charitable contribution program may be used to support abortion, sexual promiscuity, homosexual behavior, and New Age mysticism."

Indian Court Grants Bail To Nuns Charged With Forcible Conversion

Spero News reported yesterday that in the Indian state of Orissa, a court has released two Catholic nuns on bail two days after they were arrested on charges of forcefully converting two girls, aged 14 and 11. Sisters Prema Thomas, 62, and Mary Sebastian, 52, work in a Church-run hostel that houses 80 girls from local villages. Father Isaac Puthenangady, chancellor of Balasore diocese that has operated the hostel for 30 years, says that the girls filing the complaints were sent by fanatic anti-Christian Hindu elements "to corner the missioners".

Church's Suit Over Times Square Billboards Settled

In New York, a settlement has been reached in a suit brought by a Times Square church to prevent a company from placing an ad for a bidet toilet on billboards on the side of the building housing the congregation. (See prior posting.) The planned ad was to feature bare buttocks with smiley faces on them. But Pastor Neil Rhodes had problems with his congregants encountering nudity as they went to church. Yesterday's Christian Post Reporter says that under the settlement, the billboards will go up, but the buttocks now will be covered with a white band that runs the length of the ad. On the band will be the words: "This is our bottom line. Clean is happy. No ifs, ands, or ..."

Canadian Special Prosecutor Urges Court Test of Polygamy Laws

In Canada, according to a Reuters report yesterday, a special prosecutor has recommended to British Columbia's attorney general that Canadian courts be asked to rule on the constitutionality of Canada's laws prohibiting polygamy. Prosecutors traditionally have been hesitant to file charges under the law, fearing that it would be struck down as infringing freedom of religion. At the same time, the independent prosecutor Richard Peck supported the decision of provincial prosecutors not to file criminal charges against members of the polygamous FLDS Church community in Bountiful, BC.

Labor Department Seeks Comments On Discrimination Complaint Form

Form CC-4, promulgated by the Department of Labor's Office of Federal Contract Compliance Programs, is the federal form that is to be used to file a complaint of religious (or other types of) discrimination by federal contractors and subcontractors. OFCCP is now asking for comments on its request to the Office of Management and Budget to extend Form CC-4 for use beyond its current expiration date of January 31, 2008. Comments are due by September 18. Details for submitting comments are set out in a report by CCH Business & Corporate Compliance.

European Court Finds Russian Town Violated Church's Rights

Last week, in Case of Barankevich v. Russia, (ECHR, July 26, 2007), the European Court of Human Rights found that Russian government officials violated the European Convention on Human Rights when they refused to permit the pastor of the Christ's Grace Church of Evangelical Christians to hold a worship service in a park in the town of Chekov. The Chekov Town Council had taken the position that services should be held only on the Church's own premises. The European Court rejected the town's argument that because the religion was practiced by only a minority of the town's residents, a public service might provoke a violent counter-demonstration. The Court found that the town's refusal violated Article 11 of the European Convention on Human Rights (right to peaceably assemble), interpreted in light of Article 9 (freedom of religion). The Court awarded damages of 6000 Euros to compensate the pastor, Petr Ivanovich Barankevich, for the violation. Forum 18 today carries a long report on the decision.

Florida Court Upholds Use of Catholic Church As Polling Place

A Florida federal district court has rejected an Establishment Clause challenge to Palm Beach County (FL) board of election's use of a Catholic church as a polling place. In Rabinowitz v. Anderson, (SD FL, July 31, 2007), the court said that plaintiff lacked standing to mount a county-wide challenge to the use of churches as polling places. However he could challenge his own polling location. As to that polling location, the court found no endorsement of religion nor excessive entanglement. "All the religious symbols and messages present in the Church were the private speech of that particular house of worship.... While plaintiff may feel discomfort when viewing the religious symbols at the Church, that feeling of discomfort does not equate to a constitutional violation...." Today's New York Sun reports on the decision. [Link to opinion from How Appealing.]

House Votes To Expand Limitations Period In Pay Discrimination Cases

The Washington Post reports that yesterday, by a vote of 225-199, the U.S. House of Representatives passed H. 2831, the Ledbetter Fair Pay Act of 2007. The bill responds to the U.S. Supreme Court's decision in May in Ledbetter v. Goodyear Tire & Rubber Co. At issue is the statute of limitations in suits under federal law for pay discrimination based on religion, race, sex or national origin. Under H. 2831, the statute of limitations will begin to run anew each time the employee receives a paycheck affected by unlawful discrimination.

Indian State Governor Refuses To Sign Religion Law Amendments

Today's Economic Times reports that the Governor of the Indian state of Gujarat has refused to sign amendments to the state's 2003 Freedom of Religion Act, returning the bill passed last September to the State Legislative Assembly. The law is supposed to prevent religious conversion by force, allurement or fraud. However, the 2006 amendments eliminate protection for a person renouncing one denomination and adopting another denomination of the same religion. The amendments, by defining Jains and Buddhists as members of the Hindu religion, withdraws protection from Jains and Buddhists. Similar problems are posed by the amendment's definition of Shia and Sunni as being Muslim denominations, and Catholics and Protestants as being members of a single Christian faith. In returning the bill for reconsideration, Governor Nawal Kishore Sharma said that it violates Article 25 of India's the Constitution that protects freedom of religion. (The Hindu.)

UPDATE: Faced with the Governor's rejection, Gujarat's Chief Minister Narendra Modi said the government would implement the 2003 Act that had been approved by the governor but never put into effect. (Times of India, Aug. 2.)

Nine Employees So Far Take Advantage of Ohio's Civil Service Union Dues Alternative

Last September, under a consent decree, the Ohio Civil Service Employees Association changed its collective bargaining agreement to permit a broader group of employees who have religious objections to positions the union takes to instead have the equivalent of union dues directed to charity. (See prior posting.) LifeSite News yesterday reported that a new study shows that since September, twelve employees have applied for the right to send their payments to charity. Nine of the requests have been granted, one has been denied, one was withdrawn and one request is still pending.

Israeli Government Encourages New Interreligious Council

In Israel, the Ministries of Foreign Affairs and Interior have been successful in getting religious leaders to set up a new Council of Religious Community Leaders . (MFA Release.) The new organization with representatives from Jewish, Muslim, Druze, Greek Orthodox and other Christian denominations, Bahai, Ahmadiyya and Samaritan faiths will work to promote inter-religious dialogue and further issues common to all religious groups in Israel. The "Covenant" adopted by the Council denounces violence and calls for free access for all believers to their holy sites.

Arrest Made In Quran Desecration Case At Pace University

Last Friday in New York City, a 23-year old man was arrested on hate crime charges of criminal mischief and aggravated harassment for twice placing a copy of the Quran in a toilet at Pace University's campus in lower Manhattan. Newsday reported last week that Stanislav Shmulevich of Brooklyn was accused of the acts that took place in October and November amid other incidents with racial or religious overtones that took place at the university. Yesterday, CAIR issued a statement commending the NYPD for its handling of the case.

Charges Against Saudi Religious Police Dismissed

The International Herald Tribune reports today that a court in Saudi Arabia has dropped charges against three members of the country's religious police and a regular police officer. They were charged in the death of Ahmed al-Bulaiwi a retired border patrol guard who supplemented his pension by acting as a driver. He was arrested after police observed a woman who was not related to him getting into his car near an amusement park. Women are permitted to be in public only with male relatives. Reports say the Saudi judge dismissed the case without questioning witnesses or reviewing the medical report on al-Bulaiwi's death. Religious police are employed by the country's Commission for the Propagation of Virtue and the Prevention of Vice.(See prior related posting.)

Arkansas Judge Agrees To Excuse Defendant From 12-Step Program

In Fayetteville, Arkansas, parties yesterday settled a federal court suit brought against a state trial court judge challenging a sentence he handed down. Mindy Gayle Offutt sued Rogers District Court Judge Doug Schrantz because he ordered her to participate in a 12-step program. Offutt claimed the order violates her First Amendment rights because the 12-step program is based on religion and requires participants to pray at the end of each session. Today's Fayetteville Morning News reports that under the settlement, Judge Schrantz will issue an amended order excusing Offutt, who plead guilty to possessing a controlled substance, from the 12-step requirement.