WA Passes Bill On Prison Chaplains and Moral Guidance for Prisoners

In Washington state, a unanimous vote by the state Senate gave final passage to Senate Bill 6400. As described in a release by its sponsor, the bill directs "the state Department of Corrections to study in-prison programs to help offenders build their moral character." The bill also provides that institutional chaplains appointed by the Department of Corrections "shall not be required to violate the tenets of his or her faith when acting in an ecclesiastical role." This latter provision, according to today's Tacoma News Tribune, is aimed at correcting problems highlighted earlier this year when a Catholic prison chaplain objected to permitting inmates to declare dual religious faiths. (See prior posting.) The bill now goes to the governor for his signature.

Imposition of Proposed Land Use Ordinance Held To Be Covered By RLUIPA

On Friday, a Tennessee federal district court handed down a 44-page decision in Layman Lessons, Inc. v. City of Millersville, Tennessee, (MD TN, March 7, 2008). The facts are described in an ACLJ press release: "Problems arose for Layman Lessons, a Christian ministry formed to aid the homeless and destitute, when it first applied for a use permit for a commercially zoned property in Millersville, a town 17 miles north of Nashville. Shortly after the ministry applied for a permit the city planner, James Lech, issued a letter rejecting the application due to a then-pending ordinance that, if passed, would have limited all religious and non-profit uses on any commercial lot in the city. City Manager Robert Mobley supported Mr. Lech’s recommendation. The effect of these actions was to place Layman Lessons’ application on indefinite hold."

The court ruled that the permit had been wrongly denied to Layman Lessons. In the course of an opinion that dealt with a wide range of issues, the court concluded that a city can be vicariously liable under RLUIPA for the actions of its employees. It went on to hold that the attempted imposition of a proposed ordinance that has not yet been enacted is nevertheless the imposition of a land use regulation under RLUIPA. It found that the initial denial of the occupancy permit imposed a substantial burden on Layman Lessons' exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance. The court awarded Layman Lessons nominal damages and attorneys' fees.

No Free Exercise Violation In Police Refusal To Believe AA Members

Williams v. Savage, (D DC, March 10, 2008), is a case described by the D.C. federal district court as an attempt "to make a federal case out of an ordinary car accident ." A police officer investigating an accident refused to listen to plaintiffs' version of events after learning that they were members of Alcoholics Anonymous. Plaintiffs asserted, among other claims, that this violated their free exercise rights. They argued that they "were discriminated against precisely because they were members of AA, which has been recognized as having a religious status." The court, however, rejected the claim, finding that the alleged discrimination imposed only an "inconsequential burden" on plaintiffs' religious practices.

Court Allows Members To Examine Records of Sikh Temple

Yesterday's Modesto Bee reports that some 50 members of a Livingston, California Sikh Temple have won the right to inspect the Temple's records. Merced County Superior Court Judge Ronald Hansen on Friday denied plaintiffs access to Temple membership lists. However, plaintiffs will be permitted to examine, but not copy, Temple financial records beginning in 2000 and board meeting minutes since the Temple's founding in 1981-- with various limitations to ensure privacy.

California College Rehires Pacifist Teacher

California State University East Bay has reinstated math teacher Marianne Kearney-Brown who was fired last month after she refused to sign a required loyalty oath without modifying it to reflect her pacifist Quaker views. (See prior posting.) Last Saturday's Los Angeles Times reported that the matter was resolved after state Attorney General. Jerry Brown helped draft a statement declaring that the oath to support and defend the constitution does not require an employee to bear arms in the country's defense. [Thanks to Blog from the Capital for the lead.]

Paper Says Obama's Church Indirectly Endorsed Him In Sermons

A front-page article in yesterday's Wall Street Journal suggests that ministers at Barack Obama's Trinity United Church of Christ in Chicago have indirectly endorsed Obama's candidacy in violation of IRS rules for non-profit organizations. The paper says: "A review by The Wall Street Journal of 13 sermons at Trinity seen live or through church-recorded DVDs since late December found nine instances of ministers at Trinity appearing to promote Sen. Obama's candidacy.... Some of the sermons mentioned Sen. Clinton or her husband in unflattering ways.... In some instances, the church's ministers alluded to Sen. Obama without naming him."

Santeria Priest Loses Bid To Sacrifice Animals In City

After a one-day trial yesterday, a Texas federal district judge ruled against a Santeria priest who wanted to sacrifice animals at his home in Euless, Texas. Jose Merced sued after the city refused him a permit to sacrifice animals, saying that the refusal infringes his religious freedom. The city cites prohibitions on animal cruelty, keeping livestock and disposing of animal waste. U.S. District Judge John McBryde, apparently in a ruling from the bench, said that the city has a compelling interest in public health that justified its refusal. The court said that Merced can perform his religious rituals elsewhere. Yesterday's Houston Chronicle reported on these developments. (See prior related posting.)

Cert. To Be Filed In 6th Circuit RLUIPA Case

The Lansing State Journal reports that a petition for certiorari will be filed today in the U.S. Supreme Court seeking review of the 6th Circuit's December decision in Living Water Church of God v. Charter Township of Meridian (see prior posting.) In the case, the 6th Circuit for the first time defined "substantial burden" under RLUIPA in a case challenging a Michigan township's denial of a special use permit to a church that wanted to construct a larger building and school on property it owned.

Survey Finds Most Michigan Localities Open With Christian Prayer

The Grand Rapids (MI) Press has surveyed the practices regarding invocations by local governments in Michigan. An article yesterday says that about 75% open meetings with a prayer, and most of the prayers are overtly Christian. However local procedures vary. So does the definition of non-sectarian prayers. Zeeland (MI) city attorney Jim Donkersloot said his city's invocations are nonsectarian because they are not aimed at persuading someone to embrace a certain belief or join a certain church.

New Articles and Books of Interest

From SSRN:

• John M. Finnis, Endorsing Discrimination Between Faiths: A Case of Extreme Speech?, (Oxford Legal Studies Research Paper No. 09/2008, March 2008).


• Chad Flanders, The Possibility of a Secular First Amendment, (Quinnipiac Law Review, Vol. 26, 2008).

From SmartCILP:

• Maxine M. Harrington, The Ever-Expanding Health Care Conscience Clause: The Quest for Immunity in the Struggle Between Professional Duties and Moral Beliefs, 34 Florida State University Law Review 779-833 (2007).


• Panel: Feminist Legal Theory: Dialogue Across Philosophical and Faith Traditions. Participation by Marie A. Failinger, Susan J. Stabile and Eva Feder Kittay. 4 University of St. Thomas Law Journal 405-488 (2007).


• Symposium. Liberty Under Law: 400 Years of Freedom. Addresses by Leroy Rountree Hassell, Sr., Ellis Sandoz and Harold J. Berman; articles by Richard F. Duncan and Ellis Sandoz. 20 Regent University Law Review 1-100 (2007-2008).

New Books:

• Steven Goldberg, Bleached Faith: The Tragic Cost When Religion is Forced Into the Public Square, (Stanford University Press, 2008).


• Randall Balmer, God in the White House: A History, (Harper-Collins, Jan. 2008). Reviewed by Catholic News Service.


• Allan Lichtman, White Protestant Nation: The Rise of the American Conservative Movement , (Atlantic, 2008).


• Benazir Bhutto, Reconciliation: Islam, Democracy and the West, (Harper Collins, Feb. 2008), reviewed in The Age.


• Deal W. Hudson, Onward, Christian Soldiers: The Growing Political Power of Catholics and Evangelicals in the United States , (Simon & Schuster, March 2008).

Sikhs Like New Vermont Prison Guidelines

The current issue of India New England discusses the satisfaction of the Sikh community with the new religious guidelines issued by the Vermont Department of Corrections. Directive 380.01, which became effective February 4, contains a lengthy section on religious head coverings, explicitly mentioning the turban along with a number of others. Sikhism is one of the religions specifically listed on the inmate religious preference designation form. (See prior related posting.)

Oregon Coffee House Settles Church-State Dispute With Post Office

In Clackamas County, Oregon, a cafe, the Unlimited Coffee Co., has found itself in the middle of a church-state dispute with the United States Post Office. Saturday's Oregonian reports that the cafe-- whose premises are used by Road 2 Damascus Church for services on Sunday when the cafe is closed-- also houses a contract postal unit. The postal facility is not open on Sundays either. However, someone called officials to complain that the postal unit was in a building that also featured a sign for the church under the cafe's sign. The Post Office's initial response was that the church signage needed to be removed to avoid church-state problems. However after being accused by the cafe owner of religious persecution, the Post Office backed down. Apparently officials in Washington, DC, responsible for initial reaction were not given accurate information about the situation.

Recent Prisoner Free Exercise Cases

In Pratt v. Correction Corporation of America, (8th Cir., March 3,2008), the U.S. 8th Circuit Court of Appeals upheld a lower court's dismissal of a complaint by an inmate seeking meals that contain Halal meat. The court held that claims for injunctive and declaratory relief are now moot, and that plaintiff failed to show that prison officials placed a "substantial bureden" on his ability to practice his religion.

In Barnes v. Pierce, 2008 U.S. Dist. LEXIS 17389 (SD TX, March 5, 2008), a Texas federal district court rejected First Amendment, RLUIPA and equal protection challenges to prison rules that limited medium custody inmates to attending one religious service per week. Muslim prisoners complained that they were unable to attend Wednesday Taleem services.

In Hudson v. Dennehy, 2008 U.S. Dist. LEXIS 16672 (D MA, March 5, 2008), a Massachusetts federal district court issued a declaratory judgment finding that denyining Nation of Islam prisoners regular Halal meals and denying them closed circuit access to religious services while in the prison's Special Management Unit violates their rights under RLUIPA.

In Paulino v. Department of Corrections, 2008 U.S. Dist. LEXIS 16551 (ED CA, March 4, 2008), a California federal magistrate judge rejected a Rastafarian prisoner's free exercise claim. Prison regulations called for plaintiff's hair to be cut. He agreed so long as the cut hair could be sent home. However subsequently officials refused to send the hair to his home because under prison regulations it was not personal property and posed a potential health hazard.

In Furnace v. Arceo, 2008 U.S. Dist. LEXIS 16172 (ND CA, March 3, 2008), a California federal district court rejected free exercise and equal protection claims by a follower of the Shetaut Neter faith who sought a raw food diet. The court found the religion merely teaches that practitions may need to transition to such a diet over time. It also found that prison authorities had legitimate penological objectives in denying the diet.

Afghan Protests Continue Over European Assaults On Symbols of Islam

In Afghanistan on Saturday and Sunday, peaceful demonstrations were staged to protest the reprinting in Denmark last month of a cartoon of the Prophet Muhammad wearing a bomb-shaped turban. (See prior posting.) They were also protesting the planned release of a video critical of the Koran by right-wing Dutch parliamentarian Geert Wilders. (See prior posting.) On Saturday thousands attended a rally at a sports stadium in Herat. (CNN). On Sunday, thousands of students chanted slogans and burned Danish and Dutch flags in Jalalabad. (AP).

Is St. Patrick's Day A Secular Holiday?

Is St. Patrick's Day a secular celebration of Irish heritage, or is it a religious holiday? This year that question is raised because-- for the first time since 1940-- St. Patrick's Day (March 17) falls during Holy Week, the seven days before Easter. An AP story on Friday reported that Catholic liturgical rules preclude a Mass in honor of St. Patrick during Holy Week, so Masses are moved to March 14. The question, however, is whether traditional parades and other celebrations should also be moved. They are in a few cities such as Savannah, Philadelphia and Milwaukee. However the parade is still scheduled during Holy Week in cities such as New York, Boston and Columbus, Ohio. Indeed in New York, Cardinal Edward Egan will review the parade from the steps of St. Patrick’s Cathedral after saying Mass for Holy Week.

Mississippi Court Dismisses Suit Against Diocese By Church That Was Not Rebuilt

According to WLOX TV on Friday, a Pass Christian, Mississippi, a state trial judge has dismissed a suit brought by members of St. Paul's Catholic Church against the Diocese of Biloxi. The suit challenged the consolidation of St. Paul's into another parish and sought an accounting of the funds that were contributed to St. Paul’s Parish after Hurricane Katrina. Members wanted St. Paul's rebuilt on its former beachfront location. (See prior posting.) The court apparently relied on church-state concerns as the basis for the dismissal. Plaintiffs' attorney said he would appeal.

Texas Suit Challenging Graduation Prayer Vote Is Settled

Americans United for Separation of Church and State announced Friday that a settlement has been reached in a federal lawsuit against the Round Rock, Texas Independent School District. The suit challenged the school's practice of allowing a yearly vote by seniors on whether there should be prayer at their graduations. (See prior posting.) Under the settlement (full text of court order), the school district agrees not to hold student votes on prayer at graduation unless courts in the future approve such practices.

Canadian Archbishop Says Deny Communion To Pro-Choice Politicians

In Canada, Ottawa's Catholic Archbishop Terrence Prendergast says that any Catholic politician who supports access to abortion, and who cannot be persuaded to change his or her position, should not publicly receive communion. Saturday's Ottawa Citizen reports that Prendergast set out his position in response to an audience member at a question and answer session. Rosemary Ganley, coordinator of Catholics for a Free Choice Canada, said the Archbishop's position is wrong in canon law and improper in Canada where church and state are separate.

Indian River (DE) School District Faces New Charges-- Now By Muslim Family

The Indian River, Delaware School District which has just settled a long-running lawsuit brought by two Jewish families over religion in the schools (see prior posting) is now facing charges that a teacher made anti-Muslim statements in class. Saturday's Salsbury (MD) Daily Times reports that a Muslim family has accused a fifth-grade Lord Baltimore Elementary School teacher of telling her class that Barack Obama is a Muslim, that he does not swear on the Bible or recite the Pledge of Allegiance, and that he "believes in different things and is scary". The allegations come in a letter from two sisters, who say that they have experienced other anti-Muslim prejudice in the school system as well. School Board president Charles Bireley said that an inquiry into the matter is under way.

Naval Academy's Dipping of Flag In Religious Services Questioned

Saturday's New York Times reports on a new religious controversy at the U.S. Naval Academy. For 40 years at the Academy's widely-attended 11 a.m. Protestant service, the color guard has dipped the U.S. and the Academy flags before the altar cross. One congregant describes the practice as showing "that our country is one nation under God and the nation-state is not the highest authority in the world." Last October, the Academy's superintendent, Vice Adm. Jeffrey L. Fowler, raised questions about the practice and chaplains suspended it. However, after complaints by congregants and alumni, the flag dipping has been reinstituted, and Adm. Fowler has stopped attending the service. The practice is not carried out anywhere else in the Navy, and the National Flag Foundation's Flag Code says the flag "should not be dipped for any person or thing." [Thanks to Scott Mange for the lead.]