Court Rejects Employee's Discrimination and Establishment Clause Claims

In Menes v. City University of New York Hunter College, 2008 U.S. Dist. LEXIS 73304 (SD NY, Sept. 25, 2008), a New York federal district court rejected an Establishment Clause claim and a Title VII religious discrimination in employment claim brought by Herman Menes, an accountant who works at Hunter College. Menes unsuccessfully objected to various "religious displays"—including angel figurines on a ledge in his supervisor’s cubicle, posters that were displayed around St. Patrick’s Day, Thanksgiving and Christmas, a Christmas tree and menorah that were displayed in December in the Bursar’s Office and at an office party, and a Time Magazine cover featuring the Pope that was left in obvious view of the office printer. Menes' religious discrimination claim alleged that another employee "was permitted to leave work to attend religious functions without loss of pay … while Plaintiff was reprimanded for leaving the office during work hours."

More Tax Twists To ADF's "Pulpit Initiative"

Yesterday’s New York Times and a posting by Melissa Rogers point out another legal twist in tomorrow’s Pulpit Initiative sponsored by the Alliance Defense Fund to challenge the IRS rules on political activity by churches.. (See prior posting.) Earlier this month, three former IRS officials who are now lawyers in private practice wrote to the IRS Office of Professional Responsibility (full text of letter) asking it to investigate whether ADF has violated ethical rules binding on lawyers who practice before the IRS. Treasury Department Circular No. 230 provides that lawyers may not suggest to a prospective client that they violate any federal tax law. (Sec. 10.51(7)). ADF has offered to represent churches taking part in the Pulpit Initiative. ADF has also added a disclaimer to its website to prevent its advice being considered a "marketed opinion" as defined in Circular 230. A lawyer can issue a “marketed opinion” only if the lawyer concludes that it is more likely than not that the taxpayer will prevail using the tax advice included in the opinion. (Sec. 10.35).

Army Is Sued for Forcing Christian Religious Beliefs On Personnel

Yesterday the Military Religious Freedom Foundation filed suit in Kansas federal district court, along with Army Specialist Dustin Chalker, alleging that the Army improperly requires military personnel to attend official functions and formations that include sectarian Christian prayer. According to the complaint in Chalker v. Gates, (D KS, filed 9/25/2008) (full text), Chalker is an atheist and is stationed at Fort Riley, Kansas. The complaint alleges a pattern of unconstitutional advancement of religion by the Defense Department and the U.S. Army that violates the Establishment Clause and effectively imposes a religious test as a qualification for Chalker to perform his military duties.

The Hays (KS) Daily News reports on the filing of the lawsuit. A posting at God and Country blog points out that this lawsuit is similar to one filed in 2007 by MMRF on behalf of Specialist Jeremy Hall, except the current lawsuit alleges that Chalker, sought permission not to attend the events through "his chain of command and the equal opportunity process," which did not yield "satisfactory results." In a motion to dismiss filed in the Hall case, the Defense Department argued that Hall failed to use existing internal procedures to complain about his treatment. (See prior posting.) [Thanks to Scott Mange for the lead.]

Sunday's Pulpit Initiative Will Challenge IRS Limits On Non-Profits

This Sunday is Alliance Defense Fund's "Pulpit Initiative". ADF has encouraged pastors to use the day to challenge Internal Revenue Service restrictions on churches (and other non-profits) that preclude them from endorsing or opposing political candidates. Today's Toledo Blade reports on ADF's plans. (I am among those interviewed for the article, and some of my comments on the reasons for the IRS limits are quoted.) An ADF White Paper outlines its arguments against the constitutionality of the IRS provisions, and an FAQ document describes the Initiative as "a strategic litigation plan". ADF says that participating pastors:

will deliver to their congregations sermons of their own that apply Scripture to the subject of candidates for government office. The sermons are intended to restore a pastor’s right to speak freely from his pulpit without fearing censorship or punishment by the government. By standing together and speaking with one voice, it is our hope to recapture the rightful place of pastors and churches in American life.

Some 33 pastors from 22 states will participate according to the Los Angeles Times. Participants will include Rev. Gus Booth of Warroad Community Church in Minnesota and Rev. Wiley S. Drake of First Southern Baptist Church of Buena Park, California. [CORRECTION: ADF has informed me that Drake will not be one of the participants in the Pulpit Initiative.] Americans United issued a release on Wednesday criticizing the Pulpit Initiative, calling it "a Religious Right-led effort to politicize America’s pulpits." The Interfaith Alliance has posted a video titled Pulpit Politics: The Race for Pastor-in-Chief pointing out dangers of endorsements from the pulpit. (See prior related posting.) [Updated]

9th Circuit Says Genocide Requires Specific Intent

In Abagninin v. AMVAC Chemical Corp., (9th Cir., Sept. 24, 2008), the U.S. 9th Circuit Court of Appeals dismissed a suit under the Alien Tort Statute (ATS) that had been brought by workers in the Ivory Coast against manufacturers, distributors, and users of the pesticide DBCP. ATS allows suits in U.S. courts by an alien for a tort committed in violation of the law of nations or of a treaty of the United States. The suit charged that defendants committed genocide and crimes against humanity, claiming that they knew the pesticide would cause male sterility and low sperm counts. The court held that genocide is defined under customary international law as a specific intent crime. Relying on the definition of genocide in the Convention on the Prevention and Punishment of the Crime of Genocide, the court held that genocide requires a specific intent to destroy a national, ethnic, racial or religious group. Mere awareness of the likely consequences of an action is not enough. Yesterday's San Francisco Chronicle reports on the decision.

Jewish Congress Members Criticize Kosher Meat Processor

On Monday, twelve Jewish members of Congress, all Democrats, sent a letter (full text) to the owners of Agriprocessors Inc., criticizing the large kosher meat processing firm. As summarized in a press release from New York Rep. Gary Ackerman: "The letter expresses deep concern over the company’s alleged mistreatment of its workers and animals and the violation of U.S. laws and Jewish standards." The Forward reports on the letter, summarizing the allegations against the company's Postville, Iowa plant which culminated in a federal immigration raid in May. (See prior related posting.)

After Arkansas Raid, 6 Children In State Custody, Sect Leader Arrested

As previously reported, last week federal authorities, as part of a child pornography investigation, raided the southwest Arkansas compound of the Tony Alamo Christian Ministries. Since then there have been two developments. The state took six minor girls into temporary custody. (AP, 9/22).Today and Monday, three Miller County, Arkansas circuit judges will hold probable cause hearings to determine whether the state can continue to hold the girls in temporary custody. (AP, 9/25). Meanwhile yesterday Ministries leader, 74-year old Tony Alamo, was arrested by the FBI on charges of transporting a minor across state lines with the intent to engage in sexual activity. (CNN, 9/25).

En Banc Review Sought From 10th Circuit In Las Cruces Decision

Plaintiffs yesterday filed a petition asking the U.S. 10th Circuit Court of Appeals to grant en banc review of a 3-judge panel decision in Weinbaum v. City of Las Cruces. (See prior posting.) The panel dismissed two cases challenging on Establishment Clause grounds the display of Latin crosses as a symbol of Las Cruces, New Mexico-- one involving the city's symbol and the second involving use of crosses as a logo by the Las Cruces school district. Yesterday's Las Cruces Sun-News reports that the review petition relates only to the suit against the city. Plaintiff Paul Weinbaum said that the arguments in both cases are similar.

Britain's 2012 Olympic Bathrooms Will Accommodate Muslim Religious Rules

Britain's Olympic Delivery Authority, planning for hosting of the 2012 Olympics, wants to be welcoming to people of all cultures, faiths, ages and abilities. It is taking several steps to accommodate Muslim religious practices. According to yesterday's London Telegraph, Islamic law prohibits Muslims from facing Mecca-- the direction of prayer-- when they use the toilet. Therefore, a percentage of the general toilets available to attendees will not face Mecca. In a second move, special washing facilities will be constructed next to Muslim prayer rooms. The Telegraph says that the Olympics are not the only venue in which Britain has taken account of the direction that toilets face. Last year, the government turned the toilets in Brixton prison in London after inmates complained of having to sit sideways on them in order to comply with restrictions of religious law.

Britain Plans To End Exclusion of Catholics From Monarchy

London's Guardian and AFP today report that Britain's Labour government has drawn up proposals to amend the country's 300-year ban on Catholics serving as monarch. The change, planned to be introduced after the next election, would be part of other constitutional amendments, including modifications to provisions that now favor male heirs in succession to the throne. According to the Guardian: "The 1688 Bill of Rights , the Act of Settlement in 1701 and Act of Union in 1707 - reinforced by the provisions of the Coronation Oath Act 1688 - effectively excluded Catholics or their spouses from the succession and provided for the Protestant succession.... The law also requires the monarch on accession to make before parliament a declaration rejecting Catholicism." (See prior related posting.) The changes would require consent of all the Commonwealth nations since Britain's monarch is also formally their head of state. Many experts say the changes would also lead to disestablishment of the Church of England as the country's official religious body.

Delaware Clergy Sex Abuse Case Settled

Yesterday's Chicago Tribune reported that a Navy doctor has settled a Delaware state lawsuit against the Archmere Academy and the Norbertine religious order. He received an undisclosed amount of money plus public apologies by various defendants. The suit grew out of the months of sexual abuse plaintiff as a child had suffered at the hands of Norbertine Catholic priest Edward J.Smith who was a teacher and campus minister at Archmere. The settlement came after plaintiff Cmdr. Kenneth Whitwell convinced Delaware courts of the constitutionality of the state's Child Victim Act that created a two-year window for formerly time-barred child sex abuse suits to be filed. (See prior posting.) In other litigation growing out of the abuse, Whitwell has already obtained over $41 million in damages.

Native American Tribe Wins Injunction Under RFRA Protecting Medicine Bluffs

In Comanche Nation v. United States, (WD OK, Sept. 23, 2008), an Oklahoma federal district court granted a preliminary injunction against construction by the federal government of a Training Support Center at Fort Sill, Oklahoma. The proposed construction was near Medicine Bluffs, a site of religious significance to members of the Comanche tribe. The court held that plaintiffs had demonstrated a substantial likelihood of success on their claim under the Religious Freedom and Restoration Act. It concluded that "the record is utterly devoid ... of facts tending to demonstrate that the construction of the TSC in its current location is the least restrictive means of furthering the compelling governmental interest." The court also concluded that plaintiffs had shown a substantial likelihood of success on their claim under the National Historic Preservation Act. Yesterday's Tulsa World reported on the decision. The preliminary injunction follows on a temporary restraining order issued last month. (See prior posting.)

Report: More Job Discrimination Against Muslims; Fewer Anti-Muslim Hate Crimes

The Council on American Islamic Relations yesterday issued a report titled Without Fear of Discrimination: The Status of Muslim Civil Rights in the United States 2008. CAIR's press release says that the report covers a record 2,652 incidents of anti-Muslim violence, discrimination and harassment in 2007. It shows an 18% increase in workplace discrimination against those already employed, and a 34% increase in discrimination against job applicants. Failure to accommodate Muslim workers' religious exercise rose by 8%.

Beyond the workplace, the report shows a 340% increase in passenger profiling. However anti-Muslim hate crimes decreased by 19%. Large decreases were also reported in incidents at schools or involving police, in due process complaints, physical violence, denial of service and verbal harassment. Nine states and the District of Columbia accounted for nearly 80% of all complaint with CAIR.

Virginia State Police Chaplains Protest Non-Denominational Prayer Mandate

Responding to a recent 4th Circuit decision on non-denominational prayers at government-sponsored events, Col. W. Steven Flaherty, Virginia's State Police superintendent, earlier this month ordered that the state police department's 17 volunteer chaplains deliver only non-denominational prayers at government sponsored events. Today's Hampton Road (VA) Pilot and the Lynchburg News & Advance report that six employees have resigned their chaplaincy positions in protest. Two state legislators, including House majority leader Morgan Griffith, have issued statements in support of the chaplains, said they would introduce legislation to reverse the departmental rulings,. they called the department's decision an attack on Christianity and a violation of troopers' constitutionally protected freedom of expression.

British Muslim Given Suspended Sentence In Teens' Self-Flogging Ceremony

As previously reported, last month a jury in Manchester, England's Crown Court convicted a devout Shia Muslim, Syed Mustafa Zaidi, of child cruelty after he encouraged two teenage boys to flog themselves with a 'zanjeer' (bladed whip) at a Matam ceremony. Now, according to BBC News, a judge has given Zaidi a suspended 26-week jail sentence, conditioned on his not repeating his offense during the next 12 months. At sentencing, Judge Robert Atherton told the defendant that no one should interpret the jury's verdict as a comment on the Ashura ceremony. Instead, he said, the law sometimes protects children from engaging in certain activities, even if they want to. He told Zaidi: "Your wrongful act was providing the means by which they were able to participate." Mosque elders had decided that no one under 16 should participate in the ceremony. A code of conduct for adults to prevent them from involving children in the ceremony has now been drawn up by the local Muslim community.

Alaska Federal Court Grants Soldier Conscientious Objector Status

In Barnes v. Geren, (D AK, Sept. 22, 2008), an Alaska federal district court held that the conscientious objection claim of Army Pfc. Michael Barnes should be granted. His claim was rooted in his nondenominational Christian faith, morals and beliefs developed through six months of daily prayer and scripture reading after he was in the Army. The court rejected the Army Conscientious Objector Review Board's findings that Barnes was not sincere in his claim. Today's International Herald Tribune reports on the decision. (See prior related posting.)

Tancredo Introduces "Jihad Prevention Act"

Last week, Colorado Congressman Tom Tancredo introduced H.R. 6975, the Jihad Prevention Act, which would deny visas to anyone who promotes the introduction of Sharia law into the U.S. The proposed law provides: "Any alien who fails to attest ... that the alien will not advocate installing a Sharia law system in the United States is inadmissible." The bill would also make advocating the installation of Sharia law in the U.S. a ground for revoking a visa or revoking naturalization. In his press release announcing the bill, Tancredo said he is reacting to recent developments in Britain where Sharia arbitration panels are now recognized. (See prior posting.) Today's Front Page Magazine reports on the bill.

Gitmo Defendant Grills Judge On His Religious Affiliation

At Guantanamo Bay in Cuba, Military Commission pre-trial proceedings are under way in murder charges against accused 9-11 plotter Khalid Sheikh Mohammed and four other defendants. According to a report in yesterday's London Mirror and today's Washington Post, defendants may question the impartiality of Military Commission judges. Mohammed asked Marine Col. Ralph Kohlmann, who is the Presiding Officer for this case, whether he was a member of any extremist or fanatic religious groups such as the ministries of Jerry Falwell or Pat Robertson, saying that such membership would show that the judge was not impartial. Kohlmann answered that he has not belonged to a church for a long time, and in the past was a member of various Lutheran and Episcopal churches. The judge refused to answer questions on whether he had ever read books by Billy Graham or Pat Buchanan. Another defendant, Ramzi Binalshibh, asked Kohlmann whether his last name is a Jewish name. Kohlmann said no.

Muslim Group Asks Election Commission to Investigate DVD Distribution

Last Friday, the Council on American Islamic Relations (CAIR) filed a formal complaint (full text) with the Federal Election Commission asking it to investigate whether the widespread distribution as a newspaper insert of the DVD "Obsession: Radical Islam’s War Against the West" violated federal election laws. (See prior posting.) CAIR alleged that the distribution may have violated prohibitions on federal political campaign contributions and expenditures by corporations (2 USC 441b) and on political contributions by foreign nationals. (2 USC 441e). CAIR's complaint claims that the DVD distribution was designed to benefit the presidential candidacy of Sen. John McCain.

The Clarion Fund that financed the DVD distribution is a non-profit corporation. The complaint also says that the founders and incorporators of Clarion are Israeli citizens connected with the Israeli educational group Aish HaTorah International. Yesterday, CAIR issued a press release discussing its complaint. The Guardian reported that a New York spokesman for Aish HaTorah said that Rabbi Raphael Shore, the producer of the video, was not acting for Aish HaTorah in his work on the DVD. Clarion says the DVD is issue-based, and not an attempt to promote any particular candidate.

British Court Sentences Priest Who Refused To Pay Fine On Moral Grounds

A British judge has sentenced a Catholic priest to a short prison term after the priest refused to pay a fine that was imposed on him for damage caused by his anti-war protest. Ekklesia today reports that Fr Martin Newell, a member of the London Catholic Worker, was one of three demonstrators last December who poured red paint on a military base sign after praying with a banner reading "We All Have Blood on Our Hands". The judge in the Highbury and Islington Magistrates Court told Newell that while his refusal reflected a moral position, "the law must be upheld despite belief."