British Catholic School Cannot Fire Headteacher Who Entered Civil Union

Articles today in London's Daily Telegraph and yesterday in Britain's Pink News report that lawyers for the Catholic Archdiocese of Liverpool have advised it that it cannot legally fire Charles Coyne, the head of St. Cecilia's primary school, who has entered into a same-sex civil union with a man who is believed to also teach at another school nearby. The archdiocese said that Coyne's personal life had not interfered with his management of the school. Britain's Employment Equality (Sexual Orientation) Regulations provide only narrow exemptions for some religious positions outside the clergy. (See prior related posting.)

ACLU Sues Louisiana Over Unrerstricted Earmarks For Two Churches

An unusual earmarking of funds for two churches-- with no explanation of the purpose for which the funds are being granted-- has led the ACLU of Louisiana to bring suit against Louisiana's governor and state treasurer seeking a declaration that the state's budget bill (House Bill 1) violates the Establishment Clause and an injunction to prevent payment of the funds or obtain their return. (Full text of complaint.) In its press release and its Memorandum in Support of Its Motion the ACLU said that disclosure of the grants of $100,000 to Stonewall Baptist Church in Bossier City and $20,000 to Shreveport Christian Church came as a result of legislative reforms that require earmarks to be specifically listed. No restrictions are placed by the legislation on permissible use of the grants. The legislator who sponsored the earmarks did not respond to the ACLU's request for additional information about them.

San Diego Diocese Risks Dismissal of Its Bankruptcy Case After Misrepresentations

In the Chapter 11 bankruptcy proceedings of the Diocese of San Diego, a California federal district judge on Friday issued an order described by the San Diego Union-Tribune as "rare and blistering". In the order (full text), Judge Louise DeCarl Adler orders the parties to show cause why the bankruptcy proceedings should not be dismissed in light of a July 30 report by court-appointed expert R. Todd Neilson. The report concludes that (1) some parishes are hiding assets and not depositing cash with the Diocese, (2) the Diocese has failed to properly account for all its land and fully disclose its bank accounts, (3) the Diocese has reported its assets at assessed valuation instead of fair market value, and (4) the Diocese failed to disclose material facts about its cash management system. Meanwhile, a federal mediator is working this week with the Diocese and attorneys for abuse victims to attempt to reach a settlement in some 150 pending claims. The report was ordered in April after Judge Adler threatened the Diocese with contempt for misrepresentations and shifting of assets. (See prior posting.) [Thanks to Rachel Steamer for the lead.]

NJ Church Group Sues To Prevent Order To Open Its Facilities For Civil Unions

In New Jersey, the Ocean Grove Camp Meeting Association (OCGMA) filed suit last Saturday in federal court to prevent the New Jersey Division on Civil Rights from ordering it to open its Boardwalk Pavilion for use by a lesbian couple wishing to enter a civil union. The Pavilion, which is used for religious services and other activities, is also available for wedding ceremonies. OCGMA is affiliated with the United Methodist Church, whose doctrines specifically prohibit civil unions. Announcing the litigation, a release by the Alliance Defense Fund explains the state is investigating a complaint that contends the facility should be classified as a "public accommodation" subject to the state's anti-discrimination law. The lawsuit in Ocean Grove Camp Meeting Association of the United Methodist Church v. Vespa-Papaleo (full text of complaint) seeks a declaratory judgment and an injunction to insure that the New Jersey Law Against Discrimination is not applied in a way that prevents OCGMA from using its buildings only for purposes consistent with its religious beliefs. the complaint asserts that OCGMA's First Amendment rights have been violated by subjecting it to an investigation and threat of prosecution.

UPDATE: Today's New York Times reports on the lawsuit, saying that the Boardwalk Pavilion is viewed by many as a public facility because it is regularly used for rest or shade by members of the public. The Times also reports that OCGMA has stopped using the Pavilion for weddings in order to avoid the kinds conflicts that are presented in this lawsuit.

Justice Department Settles Religious Discrimination Suit Against Florida County

The U.S. Department of Justice yesterday announced that it had reached agreement with Palm Beach County, Florida in connection with a complaint that the county had refused to reasonably accommodate a park ranger's request that his work schedule permit him to attend church and refrain from work on Sundays. The agreement to reinstate the ranger, who resigned after accommodations were refused, will be incorporated into a consent decree in a Title VII religious discrimination lawsuit filed by the Justice Department in a Florida federal district court. The agreement also provides for back pay and retroactive pension contributions for the ranger, and for enforcement and training so that the county's existing religious accommodation policy is properly enforced.

Florida Defendant Will Dress As Satanist At His Murder Trial

In Florida, an accused murderer defending himself has been permitted by a Miami-Dade County judge to wear a Satanic outfit-- all black with a cap and special jewelry-- in court today as jury selection begins for his murder trial. Today's Miami Herald says that defendant Lazaro Galindo argues that the First Amendment gives him the right to wear the outfit that is related to his religion.

UPDATE: The Miami Herald reported that just before he began picking a jury on Monday, defendant Lazaro Galindo told the judge that he had found God and would not wear his Satanic garb in court.

Egypt To Stengthen Penalties Against Female Circumcision

MedIndia reports that Egyptian authorities plan to introduce legislation this fall to strengthen penalties against female circumcision after a 13-year old died while undergoing the procedure. The International Herald Tribune said that this is the second such death within the last two months. After the first death, Egypt's health minister banned all members of the medical professions from performing the procedure, currently punishable by up to 3 years in prison. Egyptian religious leaders have begun to speak out against the practice which many Egyptian Muslims and Christians think is religiously mandated.

Church Says Zoning Forcing Social Service Clients Into Church Violates RLUIPA

Yesterday's Washington Post reports that in Calvert County, Maryland-- generally seen as part of the Bible Belt-- the Chesapeake Church has filed an interesting RLUIPA claim against county officials. At issue is a food pantry and counseling center next to the church building. The county wants the church to close a driveway entrance from an adjacent highway to the social service areas. The church says this will essentially require it to integrate the counseling center and food pantry with the church-- forcing those who have different religious beliefs to go through the church itself to gain access to food or counseling. That will likely drive away social service clients with different religious beliefs. The church, however, has complicated its burden by refusing to file a site plan at all-- saying that the Planning Commission will likely not overrule the recommendation of its staff that the driveway be closed. Instead the Church sued in federal district court in Greenbelt, Maryland. The Church's website has an FAQ page regarding the lawsuit.

High Execution Rate In Texas Attributed To Conservative Christian Influence

A Reuters article yesterday focuses on the large number of executions carried out by the Texas penal system-- almost 400 so far this year. It attributes this emphasis on capital punishment in large part to "the influence of the state's conservative evangelical Christians." SMU political science Professor Matthew Wilson says: "A lot of evangelical Protestants not only believe that capital punishment is permissible but that it is demanded by God. And they see sanction for that in the Old Testament especially."

Indonesians Rally In Support of Caliphate

In Jakarta, Indonesia on Sunday, some 80,000 people attended a rally in support of re-establishing the Islamic Caliphate. Today's CNS News reports on the gathering, organized by the Sunni organization, Hizb ut-Tahrir (Party of Liberation). More mainstream Muslim leaders in Indonesia reject the call for recreating a single Islamic state. Government authorities at Indonesian airports denied entry to a British and and Australian supporter who were to speak at the rally.

Thailand's Queen Calms Protests Over New Constitution

Sirikit, Queen of Thailand, seems to have calmed the protests over the country's proposed new Constitution that does not recognize Buddhism as the country's official religion. NNN-TNA today reports that the queen, in an address marking her 75th birthday, said that Buddhism should be held in high esteem as a guiding light for all Thais, but that the religion should not be mixed with politics. Following this pronouncement, Gen. Thongchai Kua-sakul, chairman of the Buddhist Organisation of Thailand, said his organization would not organize additional protests even if next Sunday's national referendum approves the new constitution. (See prior related posting.)

Recent Articles and Book on Law and Religion

From SSRN:
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)

Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).

From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).

Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).

Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).

Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).

Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).

Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).

Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).

Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.

ECUSA and Virginia Diocese Enjoy Initial Win In Property Dispute

Episcopal News Service reports that yesterday in Fairfax, Virginia, a state Circuit Court judge gave a preliminary victory to the Episcopal Church and the Diocese of Virginia in their suits against eleven break-away congregations. (See prior postings 1, 2, 3.) The court rejected motions made by the individual congregations to prevent the court from considering the Episcopal Church’s Constitution and Canons in resolving the property dispute between the parties. Those documents provide that congregational property is held in trust for the diocese and the Church.

Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.

Spanish Leader, Church, Spar Over Education Reforms

In Spain, Catholic bishops have attacked the public schools’ new "Education for Citizenship and Human Rights" curriculum. Kath.net says that the curriculum’s goal is to encourage students to reject "racist, xenophobic, sexist, and homophobic social prejudices." The bishops say that the program violates Sec. 27(3) of Spain’s Constitution that provides "The public authorities guarantee the right which will assist parents to have their children receive the religious and moral formation which is in keeping with their own convictions." However a leading socialist party figure who was one of the drafters of the constitution, Gregorio Peces-Barba Martínez, published an op-ed this week accusing the Bishops of "extreme arrogance" and threatening a "new status", presumably a less privileged one, for the Church in Spain if it does not stop attacking the Education for Citizenship program.

Egyptian Gets 3rd Lawyer In Suit For Recognition of Conversion

In Egypt, the case of Mohammed Ahmed Hegazy—suing to change his national identity card to reflect his conversion from Islam to Christianity-- has become more complicated. As previously reported, Hegazy’s first lawyer withdrew from the case. But now, according to Christian Today, his second lawyer, Dr. Adel Fawzy Faltas, president of the Middle East Christian Association in Egypt, is being held by Egyptian police after the lawyer held a high-profile online conversation with Hegazy. So now a third lawyer, Ramses Raouf el-Nagar, has stepped in as Hegazy’s counsel.

Another City Hall Will Display "In God We Trust"

In 2002, a Bakersfield, California councilwoman, Jacquie Sullivan, founded "In God We Trust America", an organization that encourages every city hall in America to display the national motto, "In God We Trust." Last Monday, Sonora, California became the 26th city in the country to agree to display the motto. Friday’s Modesto (CA) Bee reports that Sonora City Council voted unanimously to display the motto. Reactions to the vote were predictable. Supporter Jacquie Sullivan praised council, saying: "Patriotism is love of God and love of country. I feel this is one of the most important things going on in our country now. It's important to retain our national identity." On the other hand, Rev. Barry Lynn, executive director of Americans United for Separation of Church and State said: "Cities ought to fill potholes, pay police well and leave religion alone."

Malaysian Authorities Continue To Deal With Religious Issues

In Malaysia, religious issues continue to raise legal controversies. Selangor state Islamic authorities have freed a Muslim woman after she was held for four months for marrying a Hindu man. However, according to today’s Economic Times of India, the couple was ordered to live separately because their marriage is not legal under Islamic law.

Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.

Recent Prisoner Free Exercise Cases

In Shaheed Allah v. Jordan-Luster, 2007 U.S. Dist. LEXIS 56631 (CD IL, Aug. 3, 2007), an Illinois federal district court rejected an inmate's claim that his free exercise rights under RLUIPA were violated when authorities refused to supply him with a Halal diet. The court relied both on the difficulty of accommodating the request and the plaintiff's failure to present verification from a spiritual leader of his need for the accommodation.

In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.

In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.

Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.

In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.

In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).

Appeal Filed In Conviction of Catholic Priest For Killing Nun

Now that 4000 pages of a trial transcript have become available, attorneys in Toledo, Ohio have filed an appeal in last year's murder conviction of Catholic priest Gerald Robinson. (See prior posting.) Robinson was found guilty of the 1980 murder of a nun, Sister Margaret Ann Pahl, whose body was found in the sacristy next to a chapel at Toledo's Mercy Hospital. Today's Toledo Blade says that one ground for the appeal is the introduction of evidence at trial relating to Satanism that "invited the jury to speculate on the issue of guilt, and sensationalized the entire proceeding". Prosecutors say that Satanism was not a key part of the evidence against Robinson.

Bishop's Endorsement of Obama Criticized

New Hampshire Episcopal Bishop Gene Robinson, the Church's first openly gay bishop, last week endorsed Sen. Barack Obama for president according to today's Washington Blade. Reacting to the endorsement, Rev. C. Welton Gaddy, president of the Interfaith Alliance, said that Robinson was misusing religion for political gain. Gaddy said: "While endorsements like today's raise the possibility of legal action against religious leaders, our concerns are rooted more in the impact on the sanctity of religion and the integrity of government." Robinson, however, responded that his endorsement, announced in a teleconference, was made as a private citizen, not as a religious leader.