Texas Grand Jury Indicts Jeffs and Other FLDS Members

Yesterday in Eldorado, Texas a state grand jury issued indictments against former FLDS leader Warren Jeffs and five others, apparently based on evidence seized during a widely-publicized raid on the religious group's YFZ Ranch in April. AP and the San Angelo (TX) Standard-Times report that Jeffs and four others were charged with sexually assaulting girls under 17, and one of Jeffs' four followers was also charged with bigamy. A sixth individual was charged with failing to report child abuse. Jeffs who is already in jail has been convicted of related charges in Utah and is awaiting trial in Arizona. (See prior related posting.)

DoD Inspector General Finds Religious Discrimination In Tenenbaum Case

The Project on Government Oversight yesterday made available a July 13 Department of Defense Inspector General's Report (full text) on the case of Army employee David Tenenbaum. In a series of events beginning in 1997, Tenenbaum, an Orthodox Jew, lost his access to classified information and had his security clearance revoked on the basis of unsubstantiated allegations that he was spying for the state of Israel. The IG's report found that Tenenbaum was the subject of inappropriate treatment by investigative officials who used an investigation to upgrade his security clearance "as a ruse for a counterintelligence investigation." The Report concluded that:

Mr. Tenenbaum was subjected to unusual and unwelcome scrutiny because of his faith and ethnic background, a practice that would undoubtedly fit a definition of discrimination, whether actionable or not.

In the case, the U.S. Attorney had declined to prosecute because of insufficient evidence. Tenenbaum had brought two lawsuits alleging disparate treatment and civil rights violations. One was dismissed because defendants would need to disclose state secrets in their defense, and the other because security clearance issues were found non-justiciable. In 2003, Tenenbaum's security clearance was restored and upgraded.

EEOC Issues New Guidance On Issues of Religious Discrimination

Yesterday the EEOC issued consolidated and updated guidelines for investigating and analyzing charges of religious discrimination. New Section 12 of the EEOC Compliance Manual also contains numerous examples to help employers understand their obligations under Title VII of the 1964 Civil Rights Act. Business Week quotes an EEOC spokesman who said the new guidelines were issued as a result of a growing number of religious discrimination complaints. The number doubled between 1992 and 2006.

UPDATE: The EEOC also issed a press release, a question-and-answer fact sheet and best practices booklet along with the new guidelines. [Thanks to Melissa Rogers for the lead.]

Israeli Court Fines Recalcitrant Husband In Divorce Proceeding

In Israel, Jerusalem's Family Court has ruled that a wife may recover damages for mental anguish when a husband refuses to grant her a religious divorce ("get"). Haaretz today reports on the decision which awarded the damages after a husband refused to follow orders of a Rabbinic Court to grant his wife a divorce. Judge Ben-Zion Greenberger ruled, however, that damages could also be awarded even where women did not have a Rabbinic Court order.

Pastor's Candidacy For City Council Creates Church-State Concerns

The Arizona Republic reports on issues raised by the candidacy of Kevin Hartke for Chandler, Arizona City Council. Hartke is pastor of Trinity Christian Fellowship. He was originally appointed to Council to fill the seat of a member who was called to active military duty. A fellow-clergyman, Rev. Tom Rakoczy of Chandler First Assembly of God Church, has asked Hartke to remove a campaign sign that was near Rakoczy's church out of concern that it might appear that his church was endorsing Hartke. Also, Hartke says it is difficult to separate his two roles, especially when congregants approach him at Sunday services about municipal issues.

Suit Challenges Illinois Grant To Help Rebuild Historic Church

In Chicago last week, atheist activist Rob Sherman filed a state court lawsuit against Illinois Governor Rod Blagojevich and other state officials challenging a $1 million state grant to help rebuild Chicago's historic Pilgrim Baptist Church. The church was severely damaged by fire in 2006. The state grant is to go toward rebuilding the church's administration building that housed a school, and historical documents.(See prior posting.) The complaint (full text) alleges that while the grant agreement provides state funds are not to be used to further sectarian activities, the state-funded portion will be identified with the church, the grant will allow the church to divert $1 million in its own funds toward the promotion of religious activities, and there is no meaningful way to segregate the non-religious from the religious uses of the building. It also alleges that the agreement provides no enforcement mechanism after two years. The suit alleges violations of the Establishment Clause as well as various provisions of the Illinois Constitution that effectively bar expenditures for religious purposes.

Today's Chicago Tribune reports that Sherman's lawsuit comes after Sherman received a large inheritance from his mother last year. This allows him to operate on more than the shoestring budget that characterized his earlier challenges to government favoritism for religion.

UPDATE: The AP reports that on Friday, a Sangamon County circuit judge approved plaintiff's moving ahead with his taxpayer suit against the state Comptroller and the Department of Commerce and Economic Opportunity, but required that Gov. Blagojevich be dropped as a defendant.

Court Says Historic Preservation Laws Invalidate Permit For Church Parking Lot

In Topeka, Kansas yesterday, a Shawnee County district judge ruled that Topeka City Council violated state historic preservation laws when it approved an application by Grace Episcopal Cathedral to build a parking lot on a site listed on the Register of Historic Kansas Places. Today's Topeka Capital-Journal reports that the ruling comes in a challenge to the city's action filed by Friends of Bethany Place who argued that historic preservation laws apply to trees on the property as well as buildings. (See prior posting.) The church insists that denying it permission to build violates its free exercise rights.

Court Invalidates Exclusion of Chaplains From Court Martial Panels

Article 25 of the Uniform Code of Military Justice provides that any commissioned officer on active duty is entitled to serve on a court martial panel. However all branches of the armed forces have a policy of exempting chaplains from serving on courts martial. The Army also excludes medical personnel and inspectors general. (Army Regulation 27-10, Chapter 7). In United States v. Bartlett, (US Ct. App. A.F., July 7, 2008), the U.S. Court of Appeals for the Armed Forces held that Army regulations excluding chaplains, medical personnel and inspectors general from serving are invalid. However, the court refused to order a new sentencing hearing for appellant, finding that the error involved was harmless. The ruling was handed down after the court granted discretionary review in the case of an Army Lieutenant Colonel convicted of unpremeditated murder and sentenced to 25 years in prison and dismissal from the Army. Judge Erdmann concurred, but took issue with language in the majority decision suggesting that improper court member selection would never be considered to be "structural error". [Thanks to Charlotte E. Hunter for the lead.]

Senate Judiciary Committee Will Hold Hearings on Crimes Associated With Polygamy

The U.S. Senate Judiciary Committee will hold a hearing this Thursday on "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response." (Official witness list.) Today's Salt Lake Tribune reports that attorney Rod Parker, a spokesman for the polygamous FLDS Church, has complained that FLDS members have not been given equal time to testify. FLDS spokesman Willie Jessop and several other FLDS members will observe the hearing, and an official FLDS statement will be presented to be read into the record.

New Hampshire School District Sued Over Flyer Distribution Policy

In Concord, New Hampshire, Patricia Regan who is assistant director of her local church's Vacation Bible School, yesterday filed suit in federal district court challenging the flyer distribution policy of the Hudson (NH) School District. In her complaint (full text), Regan alleges that the school district allows nonprofit community organizations to distribute flyers to be sent home with students through the Principal's office so long as the flyers contain an appropriate disclaimer. However, the schools do not permit flyers containing religious content to be distributed. The lawsuit, announced yesterday by Alliance Defense Fund, claims that the exclusion of religious material violates plaintiff's First and Fourteenth Amendment rights.

McCain, Obama To Make First Joint Appearance At Saddleback Church Forum

According to yesterday's Christian Post, the first joint appearance by John McCain and Barack Obama will be on August 16 at Lake Forest, California's Saddleback Church. The occassion is the Saddleback Civil Forum on Leadership and Compassion, sponsored by Faith in Public Life. Each candidate will appear separately and be questioned for about one hour by Pastor Rick Warren on how they make decisions and on faith and on moral issues such as poverty, AIDS, climate change and human rights. Warren, who wrote the best-selling book "The Purpose-Driven Life", personally invited each candidate to the Forum. Also reporting on the planned event, yesterday's New York Times quoted Warren as saying: "Since I'm their friend, I’m not going to give them any gotcha questions."

The Forum, which will be open to the media, will be the only joint appearance by the two candidates before their parties' respective national conventions. At the same time, Warren will convene an interfaith meeting of some 30 Christian, Jewish and Muslim leaders to discuss joint social projects. The next day, Warren will deliver a special sermon at Sunday services entitled "Making Up Your Mind: Questions to Consider before the Election."

Jehovah's Witnesses Allegedly Being Targed By Russian Authorities

The Other Russia reported yesterday that government authorities in a number of Russian regions have increasingly moved against members of the rapidly-expanding Jehovah's Witness faith. In Yekaterinburg, Federal Security Service (FSB) agents seized literature that allegedly incited hatred and promoted the exclusivity of the Jehovah's Witness faith. In the Rostov Oblast, Jehovah's Witnesses are being tried for "extremism" under Article 282 of the Russian Criminal Code that prohibits "Incitement of National, Racial, or Religious Enmity". In Murmansk, Jehovah's Witnesses were prevented from holding services scheduled for a stadium under a law that prohibits using sporting facilities for religious purposes.

UPDATE: A Forum 18 report on July 22 says that Russian authorities have prevented about eight Jehovah's Witness congresses being held this summer while about thirty have gone ahead.

Recently Available Prisoner Free Exercise Cases

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 51362 (WD WI, July 3, 2008), a Wisconsin federal distict court permitted an inmate who claimed to be an "hereditary shaman" to proceed on his RLUIPA claim alleging that his religious exercise was substantially burdened when officials refused his request for prayer beads.

In Copenhaver v. Burnett, 2008 U.S. Dist. LEXIS 53040 (ED MI, July 11, 2008), a Michigan federal district judge agreed with a magistrate's recommendation to dismiss a Jewish inmate's claim that in 2006 he was prevented from celebrating a Passover Seder. In ordering dismissal the judge accepted some, but not all, of the magistrate's conclusions. UPDATE: The Magistrate's recommendations are at 2007 U.S. Dist. LEXIS 97373.

In Brown v. D.O.C. PA, (3rd Cir., Feb 19, 2008), decided several months ago, the U.S. 3rd Circuit Court of Appeals agreed with the district court that an inmate had not shown that he was placed in solitary confinement in retaliation for his religious beliefs. It also rejected plaintiff's First Amendment claim arising from authorities taking from him a newspaper published by the Five Percenters (Nation of Gods and Earths).

Ministerial Exception Held To Apply To Title IX Cases

A decision handed down several months ago by a Pennsylvania federal district court in a long-running sex discrimination case has just become available on Lexis. In Petruska v. Gannon University, the 3rd Circuit in 2006 held that the "ministerial exception" prevented a female chaplain at Gannon University, a diocesan college, from bringing a Title VII employment discrimination claim that she was demoted solely because she was a woman. (See prior posting.) The Supreme Court denied cert. Then Ms. Petruska attempted to amend her complaint to allege discrimination in violation of Title IX which applies to colleges receiving federal financial assistance. Now in Petruska v. Gannon University, 2008 U.S. Dist. LEXIS 54884 (WD PA, March 31, 2008), the court held that the ministerial exception applies equally to claims under Title IX.

Welsh Mayor Wants Town's Ban on "Life of Brian" Lifted

In Britain, Sue Jones-Davies, mayor of the Welsh town of Aberystwyth, wants her town to lift its nearly 30-year old ban on the Monty Python movie, Life of Brian. BBC News reported the story on Saturday. Long before becoming mayor, Jones-Davies was in the movie, playing a revolutionary named Judith Iscariot. She was featured in a nude scene with the film's hero, Brian. A number of areas in Wales banned the movie as blasphemous in 1979. Urging that the ban be lifted, Jones-Davies said: "I would like to think that any religion would have the generosity to see the film for what it is, which is a comedy." [Thanks to Scott Mange for the lead.]

Bhutan's New Constitution Signed-- Deals With Religious Freedom and Heritage

According to Zee News, the country of Bhutan on Friday formally became a democratic constitutional monarchy as King Jigme Khesar Namgyel signed the country's new Constitution (full text). The new Constitution, which calls on the government "to promote those conditions that will enable the pursuit of Gross National Happiness" (Art. 9, Sec. 2), has been endorsed by the country's Parliament. The new document contains a number of provisions relating to religion and freedom of conscience.

Art. 7, Sec. 4 provides: "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement." Art. 15, Sec. 3 provides: "Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain."

Article 3 of the new Constitution deals with "Spiritual Heritage". It provides that "Buddhism is the spiritual heritage of Bhutan," and that the king is the "protector of all religions in Bhutan." The king appoints the Je Khenpo, the head of the country's central monastic body. Art. 3, Sec. 3 also provides: "It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also assuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics." Implementing this, the country's election law makes Buddhist monks ineligible to run for office or vote. (See prior posting.) More background is on the website of the Constitution Drafting Committee.

Colorado Church Group Seeking Ballot Measure On Moment of Silence

The Colorado Secretary of State's office last week approved the circulation of an initiative petition calling for schools to provide five minutes for private meditation at the beginning of each school day. According to the Denver Post (July 17), the petition was filed by Bishop Kevin Foreman and his 2-year-old Final Harvest Christian Center in Aurora. In order to get the proposal on the November ballot, 76,000 signatures must be collected by August 4. According to 9News yesterday, the Interfaith Alliance of Colorado released a statement opposing the proposal, saying "we believe public schools are for education and not religious worship, rituals, or indoctrination." Some teachers are concerned about the loss of instructional time that would be created by such a long period for prayer each day.

Dobson Says He May Endorse McCain

In remarks scheduled for broadcast on his radio show today, conservative Christian leader James Dobson says he is considering reversing his former position and endorsing Sen. John McCain for president. In a statement given to AP, Dobson said: "Barack Obama contradicts and threatens everything I believe about the institution of the family and what is best for the nation. His radical positions on life, marriage and national security force me to reevaluate the candidacy of our only other choice, John McCain." (See prior related posting.)

Today Is Anniversary of Scopes Trial

Today, according to Wired, is the 83rd anniversary of the end of the famous "Scopes Monkey Trial" in which high school teacher John Scopes was found guilty of violating a Tennessee law against teaching evolution. The Advocate yesterday reviews a new account of the trial written for young adults in free verse form. Ringside 1925 by Jen Bryant is an account of the trial from the persepctives of nine people watching it. It was published by Knopf Books for Young Readers in February 2008.

Georgia Church Wins Partial RLUIPA Victory

In a case decided several months ago, but which has just become available, a Georgia federal district court upheld a claim by a church that a 2004 amendment to Marietta, Georgia's zoning ordinance violates the "equal terms provision" of the Religious Land Use and Institutionalized Persons Act. In Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, 2008 U.S. Dist. LEXIS 54304 (ND GA, March 31, 2008), the court concluded that removing religious uses as permitted uses in residential districts, however, had not been shown to substantially burden plaintiffs' free exercise of religion, nor did it violate the nondiscrimination provisions of RLUIPA. (See prior related posting.)