Minneapolis Schools Working With Churches To Get Help For Students

Yesterday's Twin Cities Daily Planet reports on the growing faith-based partnerships between churches and Minneapolis public schools. Under the Minneapolis School Board's Strategic Plan adopted last December, the schools reach out to faith-based instituitons seeking to have individual churches partner with a school. Some churches send tutors into the school; others have after-school programs on church premises. While there are no formal guidelines, the schools negotiate the scope of the program to avoid religious content that would create church-state issues.

New Articles and Book of Interest

From SSRN:

• Malcolm Voyce, The Vinaya and the Dharmaśāstra: Monastic Law and Legal Pluralism in Ancient India, (Macquarie Law Working Paper No. 2008-9, March 2008).


• Julie Marie Baworowsky, From Public Square to Market Square: Theoretical Foundations of First and Fourteenth Amendment Protection of Corporate Religious Speech, (Notre Dame Law Review, Vol. 83, No. 4, 2008).


• Robert C. Blitt & Durham, W. Cole, Analysis of the Republic of Tajikistan's Draft Law 'About Freedom of Conscience and Religious Unions', (March 21, 2008).

From NELLCO:

• Gregory Kalscheur SJ, Civil Procedure and the Establishment Clause: Exploring the Ministerial Exception, Subject Matter Jurisdiction, and the Freedom of the Church, (Boston College Law School Faculty Papers, Paper 214, March 18, 2008).

From SmartCILP:

• Donald W. Garner & Robert L. McFarland, Suing Islam: Tort, Terrorism and the House of Saud, 60 Oklahoma Law Review (2007).


• Peter Zablotsky, "Curst Be He That Moves My Bones:" The Surprisingly Controlling Role of Religion in Equitable Disinterment Decisions, 83 North Dakota Law Review 361-385 (2007).

New Book:

• Daphne Bramham, The Secret Lives of Saints: Child Brides and Lost Boys in a Polygamous Mormon Sect, (Random House Canada, March 2008), reviewed in the Calgary Herald.

State Employee Partially Successful In Title VII Claim

In Atwood v. Oregon Department of Transportation, 2008 U.S. Dist. LEXIS 22369 (D OR, March 20, 2008), a state employee alleged that his free exercise rights and Title VII of the 1964 Civil Rights Act were violated when one of his supervisors harshly questioned him and threatened to fire him because he refused to work on Sundays for religious reasons. An Oregon federal district court held that the supervisor did not have qualified immunity for his conduct, but dismissed a portion of the employee's lawsuit-- his allegations of hostile work environment and retaliation. Plaintiff's factual allegations did not support these two claims.

President Salutes Easter In Message and Radio Address

President Bush's weekly radio address yesterday (full text) focused on today's celebration of Easter. After expressing appreciation to American military troops who are away from home, as well as remembering those who have been killed, he concluded with this thank you:

On Easter, we also honor Americans who give of themselves here at home. Each year, millions of Americans take time to feed the hungry and clothe the needy and care for the widow and the orphan. Many of them are moved to action by their faith in a loving God who gave His son so that sin would be forgiven. And in this season of renewal, millions across the world remember the gift that took away death's sting and opened the door to eternal life. Laura and I wish you all a happy Easter.

On Friday, the President issued a Presidential Easter Message (full text), reading in part:

The Resurrection of Jesus Christ reminds people around the world of the presence of a faithful God who offers a love more powerful than death. Easter commemorates our Savior's triumph over sin, and we take joy in spending this special time with family and friends and reflecting on the many blessings that fill our lives. During this season of renewal, let us come together and give thanks to the Almighty who made us in His image and redeemed us in His love.

Pope's Easter Message Focuses On World Trouble Spots as He Baptizes Muslim Critic

Deutsche Welle reports that Pope Benedict XVI's Easter message today included a call for peaceful solutions in many of the world's trouble spots-- Darfur, Somalia, the Middle East and Tibet. According to CNN, at the Vatican's Saturday night Easter vigil Mass, the Pope baptized seven adults. One of those was the Italian newspaper editor Magdi Allam who was born in Egypt of Muslim parents. Allam, who is married to a Catholic, has become a prominent critic of Islamic extremism and a supporter of Israel. Many in Islam see conversion as apostasy that could be punishable by death. However a spokesman for Italy's Union of Islamic Communities merely said of Allam's decision: "He is an adult, free to make his personal choice."

India's Supreme Court Interprets Muslim Marriage Law

The Supreme Court of India this month found itself interpreting Muslim religious law in a case awarding a Muslim woman maintenance from her husband. Under Muslim law, a man may not marry his wife's sister during his wife's lifetime. In Patel v. Begum & Anr, (India Sup. Ct., March 14, 2008), the court held a marriage in violation of this ban is only voidable (or irregular) instead of void. The court said: "Consequently, under the Hanafi law as far as Muslims in India are concerned, an irregular marriage continues to subsist till terminated in accordance with law and the wife and the children of such marriage would be entitled to maintenance under the provisions of Section 125 of the Code of Criminal Procedure." IANS today reports on the court's decision, calling it "a ruling of profound socio-religious significance."

Atheist Activist Supports Easter Service and Cross In Daley Plaza

Yesterday's Chicago Daily Herald reported that atheist activist Rob Sherman has praised the city of Chicago for permitting the Thomas More Society to put up a 19 foot cross in Daley Plaza for its sunrise Easter service today. Sherman says he backs the right of individuals to engage in private religious speech in public. He only objects to government supported expressions of religion. [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In Piskanin v. Hammer, (3d Cir., March 18, 2008), the U.S. 3rd Circuit Court of Appeals dismissed as frivolous a prisoner's claim that removal of his religious medal/necklace when he was placed on suicide watch unconstitutionally infringed his free exercise of religion.

In Hightower v. Schwarzenegger, 2008 U.S. Dist. LEXIS 21542 (ED CA, March 19, 2008), a California federal district court dismissed a plaintiff's challenge to a prison requirement that prevented him from receiving religious publications from a vendor of his choice that was not on the approved list of publishers.

In Johnson v. California Department of Corrections, 2008 U.S. Dist. LEXIS 20130 (ED CA, March 14, 2008), a California federal district court granted summary judgment to defendants in a case in which a Rastafarian prisoner brought free exercise, equal protection and RLUIPA challenges to a prison's grooming requirement that called for him to cut his hair.

In Glass v. Scribner, 2008 U.S. Dist. LEXIS 20518 (ED CA, March 17, 2008), a California federal district court rejected a challenge brought by a prisoner (who variously claimed he was a member of the Ausarian religion and that he was a Rastafarian) to the prison's ban on using oils for religious purposes in inmate cells. Instead oils were available only from the Muslim chaplain at services. The court however permitted plaintiff to move ahead with a challenge to the prison's refusal to provide him with a vegetarian diet as required by his religious beliefs.

In Allan v. Woods, 2008 U.S. Dist. LEXIS 20831 (ND NY, March 17, 2008), a New York federal district court dismissed a claim by a Hebrew Israelite prisoner that his rights under RLUIPA and the First Amendment had been infringed. The court found that authorities accommodated plaintiff's request not to work on his Sabbath except for one Saturday morning, and that this limited infringement did not substantially burden his free exercise rights.

In Robins v. Lamarque, 2008 U.S. Dist. LEXIS 21254 (ND CA, March 18, 2008), a California federal district court rejected free exercise , due process and equal protection challenges to a prison's ban on Muslim inmates attending religious services for a number of months after a series of violent incidents and threats of other incidents.

In Mason v. Masley, 2008 U.S. Dist. LEXIS 21176 (S.D.N.Y. Mar. 7, 2008), a New York federal district court accepted a magistrate's recommendation (2008 U.S. Dist. LEXIS 21230 (S.D.N.Y. Feb. 14, 2008) in one of a number of similar cases brought by Muslim inmates. The lawsuits complain that meals served at Rikers Island prison did not meet the requirements for Halal food and that non-Halal items were not identified at the prison commissary. The court dismissed claims against seven corrections officers on qualified immunity grounds, but permitted plaintiff to proceed against two supervisory employees.

In Anderson v. Bratton, 2008 U.S. Dist. LEXIS 21759 (D KA, March 17, 2008), a Kansas federal district court permitted plaintiff, a member of Assembly of Yahweh, to proceed on free exercise and RLUIPA claims after his request for special foods for three religious observances were denied. The court held it is enough that plaintiff had genuine and sincere religious beliefs regarding the festival observances. The food items did not have to be mandated by or central to his religion. Prison authorities apparently incorrectly equated plaintiff's religion with Judaism in denying his requests.

Court Dismisses Claims Challenging All-Male Limits On Theology Faculty

In Klouda v. Southwestern Baptist Theological Seminary, 2008 U.S. Dist. LEXIS 22157 (ND TX, March 19, 2008), a Texas federal district court dismissed on First Amendment grounds seven state and federal causes of action brought by a Sheri Klouda, a faculty member who was forced to resign from her position on the School of Theology faculty at the Southwestern Baptist Theological Seminary. The Seminary’s new president, Paige Patterson, decided that all faculty teaching future pastors had to be qualified to serve as pastor of a local church—a position open only to men. Klouda rejected Patterson’s offer for her to move to become Associate Director of the Writing Center at her same salary. In a lengthy opinion, the court reviewed many of the 5th Circuit’s decisions involving the ecclesiastical abstention and ministerial exception doctrines. The court concluded:

The record clearly establishes that Seminary is a "church" and that plaintiff is a "minister" as contemplated by the ministerial exception doctrine. Moreover, the record establishes as a matter of law that the employment decision made by dfendants concerning plaintiff was ecclesiastical in nature. If the court were to allow plaintiff's claims to go through the normal judicial processes the procedural enanglements would be far-reaching in their impact upon Seminary as a religious organization.”

Reporting on the decision, the Associated Press notes the tension between conservative and moderate factions in the Southern Baptist Convention. It says that the Seminary’s theology faculty currently includes one female professor, but she teaches only women’s classes. From the school’s website, it appears that she is the wife of Seminary President Paige Patterson.

Judge Criticized For Organizing Prayer During Court Hearing

The Mobile, Alabama Press-Register reported Friday that the ACLU is investigating a complaint against state Circuit Judge M. Ashley McKathan over his conduct in a recent case. Jo Ann Snowden, a clerk in the Monroe County Circuit Court’s office, had been secretary of Monroeville’s Morning Star Baptist Church until the minister, with the support of several deacons, removed her. Challenging the validity of their action, Snowden refused to give up possession of the church records. The church filed suit and Snowden counter-claimed. During a conference on the case in his courtroom, Judge McKathan told the parties, as well as spectators and other officials—some 100 people in total—to join hands in a circle while he prayed. At one point, the judge fell to his knees. This is not the first time McKathan has been the subject of criticism. In 2005, he drew attention for wearing judicial robes inscribed with the Ten Commandments to show that biblical law is a foundation of the American legal system. (See prior posting.) McKathan normally presides in Covington County, but was tapped to hear this case when Monroe County Circuit Judge Dawn Hare recused herself.

2nd Circuit Adopts Ministerial Exception In Title VII Racial Discrimination Case

In Rweyemamu v. Cote, (2d Cir., March 21, 2008), the U.S. 2nd Circuit Court of Appeals formally adopted the ministerial exception to claims under Title VII of the 1964 Civil Rights Act, holding that the doctrine is required by the First Amendment. In the case, the Court dismissed a Title VII racial discrimination lawsuit brought by an African-American Catholic priest against his bishop and the Diocese of Norwich, Connecticut. The priest claimed that defendants misapplied canon law in denying him a promotion and in eventually firing him, decisions that he says were racially motivated. An internal church appeal found that there were a number of legitimate grounds for the priest’s dismissal, including complaints about his homilies and about his interaction with parish staff. There was also evidence that his work with a non-profit organization he founded interfered with his full-time parish duties. The Court said that it need not decide the exact scope of the ministerial exception because Father Justinian Rweyemamu’s claim easily falls within it. The Court could not decide his claim without becoming impermissibly entangled with religious doctrine. (See prior related posting.)

Guide To Pope's Upcoming U.S. Visit

In his All Things Catholic column in the National Catholic Reporter this week, John Allen has created a wide-ranging “one –stop shopping guide” Pope Benedict XVI’s upcoming trip to the United States. He says that during the April 15-20 visit “we should get a synthesis of Benedict's thoughts about the world, the role of the United States as the world's ‘lead society,’ relations with other religions and other Christians, and the internal life of the Catholic church. This won't be just another foreign trip, the eighth of Benedict's pontificate; in a sense, it will be his entire papacy in miniature.” [Thanks to Mirror of Justice for the lead.]

Simulcast Will Promote Church-State Separation

On March 26, the Freedom First Foundation (press release) is beaming a simulcast on church-state separation to 37 movie theaters in cities across the nation. (List of locations.) Its goal is to put church-state separation on the 2008 political agenda. Titled “Everything You Always Wanted to Know about the Separation of Church and State … but Were Afraid to Ask”, the show will be emceed by Hollywood actor and film maker Peter Coyote and will feature a number of well-known musicians, actors and other celebrities. Viewers will hear from activists who have been involved in high profile church-state battles.

White House Announces New EEOC Nominee

The White House announced yesterday that the President will nominate Alabama attorney Constance S. Barker to serve as a member of the Equal Employment Opportunity Commission. If confirmed by the Senate, she will fill out a term that expires in 2011. The EEOC enforces laws prohibiting employment discrimination, including Title VII of the 1964 Civil Rights Act that prohibits religious discrimination in hiring, firing, and conditions of employment.

McCain Describes Purim Incorrectly

Today is the Jewish holiday of Purim. Yesterday MSNBC reported that Sen. John McCain, on a Congressional trip to Israel, incorrectly described the holiday as the Jewish version of Halloween. The gaffe came in a news conference after touring the Israeli city of Sderot to view buildings damaged by Hamas rocket fire. McCain said: "As they celebrate their version of Halloween here, they are somewhere close to a 15-second warning, which is the amount of time they have from the time the rocket is launched to get to safety." Sen. Joseph Lieberman traveling with McCain corrected him, saying that it was his fault for commenting to McCain on the two holidays' similarities after he talked to a mother of children dressed in Purim costumes.

Schools Opening On Good Friday Creates Problems

Hillsborough County, Florida schools this year for the first time went onto a calendar that recognizes no religious holidays. School officials are concerned that up to 20% of teachers and school bus drivers will use one of their personal days today to take off for Good Friday-- as well as for a break after two weeks of state testing. This could leave the school system understaffed. Wednesday's St. Petersburg Times reports that county schools will be open from 6 a.m. until 6 p.m. today to accommodate parents who may need to drive their children because of bus drivers who do not come to work. Schools could also combine classes or serve box lunches. Some see the situation differently. School Board member Jennifer Faliero who favors giving teachers Good Friday off said: "What I see ... is Christians uniting. They are fearing that their religion is being overlooked."

Blogswarm For Church-State Separation Is Promoted For Easter Weekend

This Easter weekend, Blog Against Theocracy is publicizing a "blogswarm" to promote separation of church and state. It is asking all bloggers to compose their own posts in support of the Constitutional principle of separation. Links to these posts will then be aggregated at Blog Against Theocracy.

Exclusion of Faith Based Charities From Iowa "One Gift" Program Challenged

An Alliance Defense Fund release reports that on Wednesday, the Association of Faith-Based Organizations filed suit in an Iowa federal district court challenging the exclusion of faith-based organizations from Iowa's "One Gift" program. The program allows state employees to donate by payroll deduction to any of over 400 participating charities. In order to participate an organization must pledge not to discriminate on the basis of religious belief in employment. Any charity "engaged in any way in sectarian activities, including activities aimed at promoting the adoption or defeat of any one or more religious viewpoints" also is ineligible to participate in the program. The complaint (full text) in Association of Faith Based Organizations v. Anderson alleges that the exclusions violate the speech, free exercise and establishment clauses of the First amendment as well as the 14th Amendment's due process clause.

Plaintiff Seeks Recusal of Catholic Judge In Priest Abuse Trial

In Toledo, Ohio, the attorney for plaintiff in a bizarre priest sexual abuse case is seeking voluntary removal of Judge Ruth Franks from the case because she "may not be able to separate her immutable Catholic upbringing from the claims asserted." Yesterday's Toledo Blade reported on the civil case in which an anonymous plaintiff alleges that, beginning in 1968, she was repeatedly raped and tortured in Satanic rituals by abusers wearing nuns' habits . Only after media publicity when Toledo priest Gerald Robinson was arrested for murder in 2004 did plaintiff realize the identity of her abusers. The other alleged abuser, former lay minister Jerry Mazuchowski, says he believes Judge Franks is impartial. He added: "It's news to me that she was a Catholic and I don't think religion enters into this case at all.... The devil's never busier than he is during Holy Week." (See prior related posting.)

UPDATE: In a March 27 opinion, Judge Franks refused to step down from the case. She said the claim that she was raised a Catholic was "erroneous", but even if true the Ohio Supreme Court has ruled that religious affiliation is not cause for a judge's disqualification. (Toledo Blade, 3/28).

Texas AG Says Court Must Resolve Conflicts Between Injunction and New Law

In 1970, a Texas federal district court enjoined the Houston school district from permitting Bible reading or prayer as part of any school practice, ceremony, observance, exercise or routine. In 2007, the Texas legislature passed the Schoolchildrens' Religious Liberties Act (SRLA), also known as the Religious Viewpoints Antidiscrimination Act. (See prior posting.) It requires that students' expression of religious viewpoints must be treated in the same manner as their voluntary expression of a secular or other viewpoint on a permissible subject.

This week in Opinion No. GA-0609, Texas Attorney General Greg Abbott refused the request of the state's education commissioner for a clarification of whether the terms of the 37-year old injunction supersede the provisions of the SRLA. Abbott wrote: "In the present instance, the matter, while not in active litigation, is one that is subject to the continuing jurisdiction of a court. It is for that court to determine whether the SRLA poses any conflict with the court's order." Yesterday's Houston Chronicle reports on the AG's opinion. [Thanks to Blog from the Capital for the lead.]