3rd Circuit Upholds Arrest of Disruptive Protesters At OutFest

In Startzell v. City of Philadelphia, (3rd Cir., July 15, 2008), the U.S. 3rd Circuit Court of Appeals rejected claims by a members of a Christian group, Repent America, that their free speech rights were infringed when they were arrested by Philadelphia police for disorderly conduct and refusal to obey police orders at the gay pride OutFest in 2004. The court also rejected plaintiffs' equal protection, 4th Amendment and conspircacy claims. Repent America, founded by Michael Marcavage, believes that homosexuality is a sin and that "it is their duty to God to warn others about the destructiveness of sin through public proclamation of the gospel of Jesus Christ." The court's majority opinion by Judge Sloviter held:

The right of free speech does not encompass the right to cause disruption, and that is particularly true when those claiming protection of the First Amendment cause actual disruption of an event covered by a permit. The City has an interest in ensuring that a permit-holder can use the permit for the purpose for which it was obtained. This interest necessarily includes the right of police officers to prevent counter-protestors from disrupting or interfering with the message of the permit-holder. Thus, when protestors move from distributing literature and wearing signs to disruption of the permitted activities, the existence of a permit tilts the balance in favor of the permit-holders.

Judge Stapleton concurring argued that police acted properly because police intervened only after a member of Repent America addressed "fighting words" to an OutFest participant. Yesterday's Legal Intelligencer reported on the decision. (See prior related posting.)

Wisconsin High Court: Diocese Had No Duty To Warn Teacher's Future Employers

Hornback v. Archdiocese of Milwaukee, (WI Sup. Ct., July 16, 2008), was an appeal to the Wisconsin Supreme Court in lawsuit against the Archdiocese of Milwaukee and the Diocese of Madison for their negligent failure to warn later employers of that teacher Gary Kazmarek had a propensity to sexually abuse children. Plaintiffs were abused by Kazmarek when he later taught at a Catholic school in Louisville (KY). Plaintiffs' case against the Milwaukee Archdiocese was the stronger of the two because the Archdiocese promised victims' parents that Kazmarek would be sent to treatment and not have future contact with children, and asked parents not to report Kazmarek to police.

The Supreme Court was evenly split as to the claim against the Milwaukee Archdiocese and affirmed the Court of Appeals dismissal of the complaint. As to the Diocese of Madison, the Supreme Court unanimously affirmed the dismissal of the complaint, writing a lengthy opinion. It said in part:

Reasonable and ordinary care does not require the Diocese to notify all potential subsequent employers within dioceses and parochial school systems across the country, along with all parents of future unforeseeable victims. Requiring such notification under these circumstances would create a vast obligation dramatically exceeding any approach to failure to warn recognized either in this state or in other jurisdictions....

[P]laintiffs in this case had virtually no relationship with the Diocese. There are
significant gaps temporally and geographically.... A decision to the contrary would create precedent suggesting that employers have an obligation to search out and disclose to all potential subsequent employers, which could include in an employment context every school in the country or beyond, all matters concerning an ex-employee's history.

Wednesday's Milwaukee Journal Sentinel reported on the decision.

Challenge To Funding of Religious Social Services Dismissed on Standing Grounds

In Freedom From Religion Foundation, Inc. v. Olson, (D ND, July 16, 2008), a North Dakota federal district court dismissed on standing grounds an Establishment Clause challenge to the use of state and county social service funds to pay for the care of children at the Lutheran-sponsored Dakota Boys and Girls Ranch. Plaintiffs claimed that religion was an inherent component of the social services provided by the Ranch. The court dismissed for lack of standing claims brought by plaintiffs both as state and municipal (county) taxpayers. Today's Chicago Tribune reports on the decision. more facts on the underlying allegations are in this prior posting.

Support Urged For Ban On US Recognition of Foreign Blasphemy Judgments

A Becket Fund release reports on remarks yesterday by its international law director, Angela Wu, to the Congressional Human Rights Caucus conference on "Religious Freedom in a Post-9-11 World". She urged support for HR 6146, introduced in May by Rep. Steve Cohen. The bill would prohibit state and federal courts from recognizing defamation judgments of foreign courts if they are inconsistent with the First Amendment. The bill is directed at judgments under blasphemy and hate speech laws around the world that permit defamation actions against those who criticize the beliefs of other religions.

Christian Proselytization Charged At Ohio's Wright Patterson Air Force Base

This week's Dayton (OH) Jewish Observer carries a story on Christian proselytizing in the military at Fairborn, Ohio's Wright Patterson Air Force Base. Mikey Weinstein, president of the Military Religious Freedom Foundation, says he has received more than 100 complaints about activities on the base. In July 2006, a former military contractor charged that staff meetings were opened and closed by Christian prayer, and military trainees were evaluated on whether they enthusiastically participated. Trainees who did not attend Christian prayer services on Sunday received unpleasant alternative assignments. Senior officers, the contractor charged, prayed as an aid in making decisions, and many saw the Iraq war as being religiously motivated. Wright Patterson's public relations office said that while the Air Force is committed to the prohibition on establishment of religion, "consistent with the Free Exercise Clause of the Constitution, Air Force members and employees may freely exercise their own religions, to include participating in worship, prayer, study and voluntary discussions of religion so long as it is reasonably clear they are acting in their personal, not official, capacity."

Wright Patterson is the home of the U.S. Air Force National Museum. Among the military displays in the museum is a Holocaust exhibit designed to show that the U.S. goes to war to defeat tyranny.

Illinois Church Denied Temporary Injunction In RLUIPA "Equal Terms" Case

In River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois, 2008 U.S. Dist. LEXIS 53491 (ND IL, July 14, 2008), an Illinois federal district court in an elaborate opinion denied a preliminary injunction to a church that challenged provisions of the Hazel Crest (IL) zoning ordinance. The church argued that its exclusion from a Tax Increment Financing (TIF) district the village had zoned to attract transit oriented businesses violates the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act.

In an earlier order denying the church a temporary restraining order, the court had questioned the version of the zoning ordinance then in effect by finding that non-religious "special uses" allowed in the area, including art galleries, museums, public libraries, recreational buildings and community centers, were "comparable" to religious use. The village quickly amended its zoning law to eliminate the comparable non-religious uses as permissible. The Church nevertheless pursued its claim, and the district court found that the Seventh Circuit would likely adopt the "strict scrutiny" test enunciated by the 11th Circuit in interpreting RLUIPA's equal terms provision.

The Village argued that permitting the church within its TIF district would have a devastating effect on attracting the businesses sought by the village because no liquor license can be granted to an establishment within 100 feet of a Church. The court concluded that because the church has shown only a slight chance of success on the merits, it should deny a preliminary injunction. (See prior related posting.)

New Zoning Rules In Florida City Seen As Still Restrictive On Religious Groups

Last January, a Florida federal district court ruled that Cooper City, Florida's zoning laws violated RLUIPA by excluding all houses of worship from commercial areas. (See prior posting.) This week, according to Florida's Sun-Sentinel, the Cooper City Commission amended its zoning rules to treat religious institutions the same as all other forms of community assembly activities. The new rules, however, allow only three community assembly uses at any strip mall in the city. Chabad of Nova that filed the successful RLUIPA challenge says that the new rules still severely limit its choice of a location for its Outreach Center. Chabad leaders say they will go back to court to challenge the new rules as violative of their religious freedom.

Saudi King Hosts Interfaith Conference In Spain

An interfaith conference sponsored by Saudi Arabia opened in Madrid, Spain yesterday with an address by Saudi King Abdullah. The conference is aimed primarily at bringing Muslims, Christians and Jews closer together, but representatives of several Eastern religions, including Buddhism and Hinduism, also attended. Spain's King Juan Carlos also spoke to the gathering. According the the AP yesterday, Abdullah urged interfaith reconciliation and a rejection of extremism. Two TV stations in Saudi Arabia carried the opening of the conference live.

A number of Jewish participants were among the 200 people invited to the Conference, including a prominent Irish-Israeli rabbi, David Rosen. More controversial was the conference invitation to Rabbi Yisrael Dovid Weiss, a representative of Neturei Karta from upstate New York. Neturei Karta believe that the creation of the modern state of Israel violates Jewish religious law. New York Jewish Week reports that conference organizers finally announced that Weiss-- who spoke at a Holocaust denial conference two years ago-- would not be one of the speakers. Objections to his appearance came not only from Jewish groups, but also from Dr. Sayyid Syeed, national director of the Islamic Society of North America. Instead the main Jewish speaker was to be New York Rabbi Arthur Schneier, founder of the interfaith Appeal of Conscience Foundation. The conference, the first of its kind initiated by the Saudis, was held outside Saudi Arabia because of conservative Wahhabi opposition to interfaith dialogue.

New "Church" Offers Way Around Dutch Cafe Smoking Ban

On July 1, a smoking ban went into effect for cafes, bars and restaurants in the Netherlands (though it did not impact smoking of marijuana in specially licensed coffee shops). (AFP July 1). Now however some bar owners seem to be finding a way around the tobacco ban. Dutch News reported yesterday that several dozen bars hae joined a new religious movement-- the One and Universal Smokers Church of God. The church believes in the trinity of smoke, fire and ash. Worshippers who join the church get a membership card entitling them to honor their god by smoking inside the bar. Promoters of the movement say church members' "religious practice" is protected by the Dutch Constitution and the European Convention on Human Rights. [Thanks to Paul Birchenough for the lead.]v

Croatia Enacts Sunday Closing Law

Croatia's Parliament has passed a Sunday closing law in response to a long campaign by the Catholic Church for such legislation. Yahoo News today reports that week end shopping in malls around the country has flourished. The new law that takes effect January 1 allows stores to remain open on Sundays during the summer and around the Christmas holidays, but not the rest of the year. The law also excludes bakeries, newsstands and flower shops. [Thanks to Scott Mange for the lead.]

Fired Science Teacher Has New Website to Highlight His Legal Defense

Former Mt. Vernon, Ohio science teacher John Freshwater who was fired for teaching conservative Christian religious views in his middle school classroom and for using an electrostatic device to put a cross on a student's arm (see prior posting) has now created his own website, Bibleonthedesk.com. Freshwater, as well as school officials, have been sued in federal court. (See prior posting.) The new website says : "This is the only official source of information from John Freshwater and his team of legal and spiritual advisors." [Thanks to Dispatches from the Culture Wars for the lead.]

Board Member Raises Church-State Concerns About Sunday Early Voting

In North Carolina, one stop registration and early voting is available in elections at times and places set by county boards beginning 19 days before election day. Today's Greensboro News-Record reports that, over the objections of one member about church-state conflicts, the Guliford County Board of Elections has agreed to add Sunday afternoon, Oct. 19, as an early voting time. County Board of Elections member Kathryn Lindley who voted against the proposal expressed concern that pastors would endorse a candidate in a Sunday morning sermon and then send a busload of voters to cast their ballots.

Yemeni Clerics Withdraw Proposal For Religious Police Force

In Yemen, conservative Muslim clerics have withdrawn their call for creation of "religious police" in the country. (See prior posting.) M&C reported yesterday that some 4,000 clerics at a conference in Sana'a, responding to concerns of human rights activists, called instead for an annual meeting to discuss violations against teachings of the Islamic law and public morals. They expressed particular concern with prostitution activities and with serving of alcohol in some restaurants and hotels. In response, authorities closed down a massage club and two restaurants.

"Common Law Court" Members Attempt To Disrupt Tax Evasion Trial

Today's St. Paul Pioneer Press reports on the indictment Monday of four people on conspiracy charges in an attempt to disrupt the tax evasion trial of millionaire businessman Robert Beale. Beale and three others who were charged with conspiracy to obstruct justice and conspiracy to impede an officer, purport to operate a "common law court" under the jurisdiction of "Almighty Yaweh". They issued "arrest warrants" against federal judge Ann Montgomery, who was assigned to preside over Beale's trial yesterday. They also issued warrants against county sheriff and jail officials, obtained fraudulent liens against them. In a jailhouse phone call recorded by investigators, Beale told his common-law wife: "(God) wants me to destroy the judge. That judge is evil. He wants me to get rid of her."

President Marks 10th Anniversary of International Religious Freedom Act

President Bush yesterday marked the 10th anniversary of the International Religious Freedom Act with an address at the White House (full text). He spoke of progress in religious freedom made in recent years in Turkmenistan and Vietnam. He devoted more time however to problem countries and the varying prospects for improvement in each-- Iran, North Korea, Uzbekistan, Saudi Arabia and China. [Thanks to Blog from the Capital for the lead.]

NY Court Upholds Sex offender Residence Limits Over Free Exercise Challenge

In People v. Oberlander, 2008 N.Y. Misc. LEXIS 4111 (Sup. Ct. Rockland Co., June 18, 2008), a New York trial court rejected a free exercise challenge by plaintiff to a violation of probation order that had been issued against him. Yoel Oberlander moved to an area that was off imits to convicted sex offenders. He claimed that as an observant Orthodox Jew he needed to live within walking distance of a synagogue, and that he could find no permissible site in the Town of Ramapo, his selected town, that met this requirement. The court however rejected his claim, stating: "The defendant's 'need' to live in Ramapo is no stronger than those of the potential victims within the town that share the same religious beliefs. The State has validly exercised its police powers to protect vulnerable citizens of all religions, in Ramapo, and throughout Rockland County. Undoubtedly, a compelling government interest in the legislation has been demonstrated."

Israeli President Gets Close-By Olympic Hotel To Observe Sabbath

Haaretz reported last week that the government of China has agreed to permit Israeli President Shimon Peres to stay in a hotel within the Olympic complex so he can attend the August 8 opening ceremonies for the games without having to ride on Friday evening after the start of the Jewish Sabbath. Other world leaders attending the games will be staying farther away. [Thanks to Joel Katz for the lead.]

Kentucky Governor Supports "In God We Trust"License Plates At No Added Cost

Kentucky's Governor Steve Beshear says he will press next year for legislation authorizing an "In God We Trust" license plate to be available at the same cost as regular plates. Yesterday's Louisville Courier-Journal reports that the governor's call came after a bill to authorize plates with the national motto on them failed to pass the state Senate this year. Originally the state's transportation officials expressed concern about the added cost of producing the plates, but now Transportation Secretary Joe Prather supports the governor's position. Earlier this year, the state's Transportation Cabinet rejected a proposal by an anti-pornography group to have the "In God We Trust" plates issued as specialty plates to support their cause.

Australian Court Strikes Down Youth Day Protest Limits As Visitors Are Welcomed With Condoms

SX News reports that Australia's Federal Court today struck down a New South Wales law prohibiting annoying participants in World Youth Day events. The court held that the new law unconstitutionally chills speech. The 6-days of events for World Youth Day-- including the visit of Pope Benedict XVI-- begin today. The Straits Times reports that members of the NoToPope Coalition who disagree with Church's opposition to the use of condoms will send a welcome letter accompanied by condoms to 325 places where pilgrims are being housed. The letter reads in part: "'In handing you these condoms, our coalition is saying that the pope's policy on condoms is a death sentence for millions within Africa." Apparently protesters learned where to send the letters by examining the list of places covered by the new law furnished to the Federal Court last week by the New South Wales government.

UPDATE: Australian Business (July 18) reports extensively on the court hearing leading to the invalidation of the NSW World Youth Day 2008 Regulation. Apparently the court's holding was a statutory one-- that the regulation exceeded the authority granted by the World Youth Day Act, using the presumption that parliament did not intend to authorize rules that would interfere with the exercise of fundamental free free speech rights.

Closed Church Can Challenge Lifting of Property Tax Exemption

In Boston, a Suffolk Superior Court judge refused to dismiss completely a challenge by the Boston Catholic archdiocese in a property tax case. Today's Quincy (MA) Patriot Ledger reports that assessors removed the tax exemption for St. Frances X. Cabrini Church in Scituate in 2005 because it had been closed (and is occupied by protesters trying to reopen it). The archdiocese argues that it still owns the church, so under canon law it is an exempt "a sacred place designated for divine worship." The court held that the archdiocese could move ahead with its First Amendment challenge as to 2007 taxes, but that it missed the filing deadline to challenge 2006 taxes.