Recent Prisoner Free Exercise Cases

In Sandeford v. Plummer, 2007 U.S. Dist. LEXIS 95403 (ND CA, Dec. 21, 2007), a California federal district judge found that a Muslim inmate raised free exercise claims regarding failure to furnish an Islamic diet, restrictions on his Islamic dress, access to religious services and impairment of his holy day celebrations. However the court dismiss the claims with leave to amend to name each defendant who violated his rights. The court took similar action as to plaintiff's equal protection claim regarding wearing of his Kufi head covering.

In Amaker v. Goord, 2007 U.S. Dist. LEXIS 92824 (WD NY, Dec. 18, 2007), a New York federal district judge accepted a magistrate's report and recommendations in two related cases. In Attica prison, a correction officer had removed several Nation of Islam members from religious instruction and told them "to either change their religion or cut their hair" because "only Rastafarian[s] could wear dreadlock[s]." The magistrate recommended that defendants be enjoined from barring plaintiffs from NOI services and classes and from punishing plaintiffs for refusing to cut their hair or change their religious affiliation. The two decisions from the federal magistrate judge are Amaker v. Goord, 2007 U.S. Dist. LEXIS 95373 (March 9, 2007) and Fluellen v. Goord, 2007 U.S. Dist. LEXIS 95374 (March 12, 2007).

Ingram v. Craven, 2008 U.S. Dist. LEXIS 1377 (D ID, Jan. 8, 2008) involves a damage claim by a former inmate objecting to a recommendation that he be denied parole because of his refusal to participate in a religious-based AA/NA substance abuse program. After finding some of the defendants had absolute immunity, an Idaho federal district judge ordered the claim against one remaining defendant to be taken to mediation.

Colorado County Settles RLUIPA Suit, Permits Church To Build

Yesterday's Aspen (CO) Times reports on the settlement of a RLUIPA lawsuit by Pitkin, Colorado County Commissioners. The settlement will allow Grace Church of the Roaring Fork Valley to build a new facility on an 18.5 acre parcel in Emma, Colorado, subject to limits on future expansion. Attorneys will now negotiate damages for the construction delay.

Court Strikes Down Gideon Bible Distribution In Elementary School

Yesterday in Roark v. South Iron R-1 School District, (ED MO, Jan. 8, 2008), a Missouri federal district court held that a Missouri school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. Both an earlier policy that permitted distribution in the classroom, and a subsequent policy that limited distribution to the cafeteria and in front of administrative offices, were undertaken for the purpose of promoting Christianity and have the effect of endorsing religion to impressionable elementary school students. Banning distribution does not constitute impermissible viewpoint discrimination. The court left open for future determination the claim that the practice also violates the Missouri state constitution. The AP reported yesterday that Liberty Counsel, representing the school board, said an appeal would be filed. The 8th Circuit has already upheld the district court's grant of a preliminary injunction in the case. (See prior posting.)

Bush To Visit Christian Holy Sites During Mideast Trip

AFP yesterday reported that during his current trip to Israel and the Palestinian territories, President Bush will visit a number of Christian holy sites. Today he will travel to Bethlehem. Jesus' birthplace. On Friday he will fly to the Sea of Galilee where Jesus delivered many of his sermons, will visit the ruins of Capernaum, the village where Jesus later lived, and Mount of the Beatitudes, where Jesus likely delivered his Sermon on the Mount. In addition to visiting Christian sites, Bush will tour Yad Vashem, the Holocaust Museum in Jerusalem, an obligatory stop for every visiting head of state. The White House website features an ongoing log on the trip by Press Secretary Dana Perino.

1st Circuit Sides With Army Doctor In Her Conscientious Objector Claim

In Hanna v. Secretary of the Army, (1st Cir., Jan. 9, 2008), the U.S. 1st Circuit Court of Appeals in a 2-1 decision held that the Army's Conscientious Objector Review Board had no basis in fact for denying conscientious objector status to Army doctor, Captain Mary Hanna. It rejected the Army's reliance on the timing of Hanna's claim and its argument that Hanna’s beliefs were not gained through rigorous training, study or contemplation. Chief Judge Boudin, dissenting, argued that pacifism is not a belief of Hanna's Coptic Church, that her position could not easily be described as reflecting rigorous study, and that the timing of her application could be considered as a factor. The majority's decision affirmed last year's decision by a Massachusetts federal district court. (See prior posting.) Today's Boston Globe reports on the 1st Circuit decision. [Thanks to How Appealing for the lead.]

Voter ID Oral Argument Includes Exchange On Religious Objectors

In yesterday's oral arguments (full transcript) in the U.S. Supreme Court in Crawford v. Marion County Board of Elections-- a challenge to Indiana's voter identification law-- the following exchange took place between Justice Scalia and Paul Smith arguing on behalf of petitioners:

JUSTICE SCALIA: ... In this case you're claiming there's a problem for people who, for religious reasons, don't want to have their photograph taken. Do we know that if that's the reason that they assert, I can't get the photograph, the State will say you can't vote?

MR. SMITH: I must be misunderstanding. We have every reason to think that they will let them vote. The only problem with that exemption, like the indigency exception, is that it's kind of gratuitively burdensome in that you have to go down to the county seat to vote every time; you can't vote in your polling place because you have to fill out this affidavit every time you vote.

The added burden on Amish, Mennonites and others in the state who have religious objections to being photographed for an ID card was discussed more fully in Petitioner's brief as well as in an amicus brief filed by the League of Women Voters. (See prior posting.)

Indiana Senate Moves To Non-Sectarian Opening Prayer

Facing threats of a lawsuit, Indiana' Senate on Tuesday switched to a non-sectarian opening prayer. Yesterday's Indianapolis Star reports that the ACLU, which had previously sued the Indiana House to challenge its sectarian opening prayers, had threatened a similar suit against the Senate after it opened with an overtly Christian prayer in November. (See prior related posting.)

NJ Civil Rights Division Refuses To End Probe of Pavilion Barring Civil Unions

According to yesterday's Bridgewater (NJ) Courier News and today's Asbury Park Press, the New Jersey Division on Civil Rights (DCR) has denied a motion filed by the Ocean Grove Camp Meeting Association to dismiss complaints filed against it by two lesbian couples. The DCR is investigating the Camp Meeting Association's refusal to permit civil unions at its Boardwalk Pavilion. A central issue is whether Camp Meeting Association is a religious organization that is exempt from the public accommodation provisions of New Jersey's Law Against Discrimination. (See AG Formal Opinion No. 1-2007). The ACLU of New Jersey representing complainants argues that the Association is separate from its parent organization, the United Methodist Church. Even though the New Jersey Supreme Court ruled in 1979 that the Association is a religious organization, DCR is looking into whether its status has subsequently changed. (See prior related posting.)

8th Circuit Denies En Banc Review of Decision on Faith-Based Prison Program

The Quad City Times reports that yesterday the U.S. 8th Circuit Court of Appeals denied en banc review in Americans United For Separation of Church and State v. Prison Fellowship Ministries. Last month, a 3-judge panel concluded that a state funded faith-based rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.)

Compromise Reached On Repeal of British Blasphemy Laws

In Britain's House of Commons yesterday, Liberal Democratic MP Evan Harris withdrew his proposed Criminal Justice bill amendment that would have abolished Britain's blasphemy laws after Justice Minister Maria Eagle promised a compromise. The government will consult with the Church of England, and subject to those discussions the government will propose amendments to abolish the offences of blasphemy and blasphemous libel when the bill reaches the House of Lords. BBC News yesterday and The Guardian today report on these developments, and Ekklesia has further background on efforts to repeal the laws. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

Russia Reasserts Control Over Orthodox Cathedral In France

Last spring, a 1917 split between the Orthodox Church in Russia and congregations outside Russia was largely healed as leaders of the Church Abroad reconciled with the Church in Russia. However some Orthodox congregations in Europe and the United States have refused to go along with the reconciliation. (See prior posting.) In France, Russian authorities are taking steps reassert control over the dissident congregations. Today's New York Times reports that lawyers for the Russian government have obtained a court order from a French court permitting them to proceed with an inventory of the building and contents of the Russian Orthodox Cathedral of St. Nicholas in Nice. Russian diplomats in Paris say the church was leased by Czar Nicholas II to the archbishop of St. Petersburg, and that the 99-year lease expired on Dec. 31, 2007. So, they say, the property should revert to the Russian state.

British Airways Employee Loses Suit Over Rules On Jewelry

British Airways employee Nadia Eweida who was seeking back pay and damages after she was temporarily suspended for wearing small cross around her neck has lost her suit in a Reading Employment Tribunal. While the airline eventually changed its uniform rules to permit employees to wear religious symbols (see prior posting), the Tribunal ruled yesterday that Eweida did not suffer religious discrimination because she was not treated less favorably that others in similar circumstances. The airline's prior rules precluded wearing of jewelry unless it could be hidden from view. Today's London Telegraph , The Mirror and Personnel Today all report on the Tribunal's ruling.

Does School's Santa Hat Ban Amount To Religious Discrimination?

What counts as religious discrimination? Today's South Washington County, Minnesota Bulletin carries a story about two local junior high students who claim religious discrimination because the school principal asked them to remove Santa hats they wore to school just before break. Grove Junior High School vice-principal Dale Wolpers says the school has a no-hat policy to prevent disruptive behavior. Students grab each others hats. But Emily Springer and Kristen McVey claim they were discriminated against because on one day earlier in the year two Hmong students were allowed to wear hats associated with the Hmong New Year.

British Magistrate Reprimanded Over Conduct Regarding Niqab

In Britain, Justice Secretary Jack Straw yesterday issued a formal reprimand to Manchester magistrate Ian Murray who last June walked out of a hearing in a criminal case in which the Muslim woman charged with wrecking her council house with graffiti appeared in court wearing a niqab-- a full face veil. Yesterday's Daily Mail and today's Daily Express report that Straw, in his role as Lord Chancellor, ordered lay magistrate Murray (a taxi driver) to get further training in judicial procedure. While Straw himself asks women wearing a niqab to remove it when dealing with him, here the Judicial Communications Office said that the reprimand was because of the magistrate's in-court behavior, not because of his attitude toward the niqab.

Officer Sues Coast Guard To Avoid Immunization With Vaccine From Fetus' Cells

The Alliance Defense Fund last month filed suit on behalf of a U.S. Coast Guard officer seeking a religious exemption from the requirement the officer receive a Hepatitis A vaccination. (Press release (Jan. 4).) The complaint (full text) in Healy v. United States Coast Guard, (D DC, filed Dec. 28, 2007) alleges that the Hepatitis A vaccines available in the United States have all been developed from cells taken from an aborted fetus. Plaintiff, Lt. Cmdr. Joseph Healy, says that his Catholic religious beliefs preclude him from receiving these vaccines since this would amount to participation in societal structures that facilitate abortion. A Coast Guard officer denied his requested exemption from immunization, claiming that that receiving the vaccine does not violate Catholic doctrine. The lawsuit alleges that the exemption denial violates Healy's free exercise rights and violates the Religious Freedom Restoration Act. [Thnaks to Bob Ritter for the lead.]

Kentucky County Tries New 10 Commandments Display

WKYT News reports that Garrard County, Kentucky is trying again. After losing a court battle over its display of the 10 Commandments along with other historical documents on the walls of the Fiscal Court (see prior posting), on Monday the county installed a new display. This one is an educational exhibit on the history of the 10 commandments, including court battles over display of the Biblical verses.

9th Circuit Rejects Convoluted RFRA and Free Exercise Challenges To Deportation

Yesterday, in Fernandez v. Mukasey, (9th Cir., Jan. 7, 2008), the U.S. 9th Circuit Court of Appeals rejected a convoluted Free Exercise and RFRA claim. It affirmed a deportation order requiring removal from the U.S. of a Catholic husband and wife from the Philippines, rejecting their claims of religious discrimination. U.S. immigration law provides for the cancellation of a deportation order where removal would create exceptional hardship to the deportee's child who is a U.S. citizen. (8 USC 1229b(b)(1)(D).) Generally this exception is applied only when a child has serious health or learning issues. Here petitioners argued that they have attempted to conceive a child for many years, that their Catholic faith precludes their using in vitro fertilization to conceive, and that the refusal to cancel their deportation order therefore places a substantial burden on their free exercise of religion.

The court held first that no religious belief precluded petitioners from adopting a child, so their religious views did not create their ineligibility to have their removal order cancelled. Second, the court said, petitioners did not show that they were pressured to violate their beliefs. It said: "No sensible person would abandon his religious precepts to have a child in the hope that the child would be so very ill or learning disabled as to come within the small number of children as to whom 'exceptional and extremely unusual hardship' can be shown." Yesterday's San Francisco Examiner reported on the decision.

Church's Gay Rights Stance Leads To Denial of Insurance Coverage

The Wall Street Journal today reports on a new problem faced by churches that take controversial social stances. A property insurance application by a United Church of Christ congregation in Adrian, Michigan was turned down as too risky because of the denomination's endorsement of gay marriage and the ordination of gays. An underwriter for Brotherhood Mutual insurance wrote the church: "controversial stances such as those indicated in your application responses have resulted in property damage and the potential for increased litigation among churches that have chosen to publicly endorse these positions." Brotherhood Mutual is one of the largest insurers of religious institutions. State insurance regulators see no legal problem with the underwriting decision.

NPR Program Focuses On Diplomacy and Religion in the 21st Century

The January 3 NPR program Speaking of Faith devoted an hour to the topic "Diplomacy and Religion in the 21st Century". Host Krista Tippett's main guest was Douglas Johnston, president and founder of the International Center for Religion and Diplomacy. NPR's website for the program links to a replay (and a podcast) of the program, along with additional resources on the topic. NPR summarizes Johnston's views: "The greatest threat in the post-Cold War world, says Douglas Johnston, is the prospective marriage of religious extremism with weapons of mass destruction. Yet the U.S. spends most of its time, resources, and weapons fighting the symptoms of this threat, not the cause. The diplomacy of the future, he is showing, must engage religion as part of the strategic solution to global conflicts." [Thanks to Jefferson Gray for the lead.]

Article Surveys Islam In U.S. Courts Last Year

At the Family Security Matters website, Jeff Breinholt has posted an article titled Islam in American Courts: 2007 Year in Review. While its tone is overtly Islamophobic, it does present useful data on some 750 cases-- mostly federal-- involving Muslims. 212 cases were asylum claims-- but about half of these involved non-Muslims who feared persecution if they returned to Indonesia. 69 cases alleged employment discrimination. Others were criminal cases, defamation lawsuits, constitutional challenges to government operations, private lawsuits against Islamic terrorists, and family law disputes.