AU Protests School's Fellowship of Christian Athletes Room

Americans United yesterday sent a letter (full text) to Hot Springs, Arkansas school officials protesting the recent construction of a special meeting room for the Fellowship of Christian Athletes as an addition to Fountain Lake High School's football complex. According to an AU press release, the room was paid for by private funds, but its construction was the idea of school officials. Supporting the room, Assistant Coach Andi Kinsinger said: "This new building will make a statement and hopefully change the lives of many for His Glory.... FCA camp is where I came to know Christ; it provides a lot of opportunity for all." AU says the room amounts to an unconstitutional endorsement of religion. It has asked the school to remove from the room a plaque that displays a crucifix and reads "Fellowship of Christian Athletes meets Here!"; to stop referring to the room as the "FCA room"; and to permit other groups equal access to it.

Protest Against Court Decision on License Plates Includes State Officials

In Greer, South Carolina on Tuesday, the state's attorney general and lieutenant governor joined some 400 others at People's Baptist Church to protest a decision handed down by a federal district court last month preliminarily enjoining production of the state's proposed "I Believe" license plates. The plate also featured a Christian cross. (See prior posting.) Yesterday's Spartanburg Herald-Journal reported that Rev. Arnold Hiette told Tuesday's crowd that the plaintiffs in the case, along with the ACLU, "are going to burn in hell." Lt. Governor Andre Bauer also spoke at the event, which took the form of a prayer meeting, saying: "There is free speech for every group in this state besides Christians.... I don't understand why witnessing in public is considered unconstitutional."

1st Amendment Suit Against Ohio Library Settled For Attorneys' Fees

Yesterday's Cincinnati Enquirer reports that a lawsuit against the Clermont County (OH) Public Library, challenging its rules on use of its meeting rooms, has been settled. Under previous library rules, rooms could be used by non-profit community groups, but not for political, religious or social events. The suit, alleging 1st and 14th Amendment violations, was brought by a couple who wanted to present two days of Biblically-based financial planning workshops. In response the library changed its rules to exclude all outside groups from using the rooms. (See prior posting.) Under the settlement, plaintiffs' attorneys receive $10,000 in fees. Plaintiff George Vandergriff expressed disappointment that the settlement did not include an admission of wrongdoing by the library. However Joe Braun, president of the library board, said: "Every member of the Clermont County Library Board is a practicing Christian. So it’s beyond my comprehension that anyone would suggest we would treat someone in an improper manner because of their religion."

Lawyers In RLUIPA Case Spar Over "Daily Show" Clip As Evidence

As previously reported, a lawsuit under RLUIPA against Fayette County, Pennsylvania, brought by the Church of Universal Love and Music, is pending in federal district court. The church is seeking rezoning or a special exception so it can continue to use property in an agricultural area for religious concerts. County officials claim that concert venue founder William Pritts did not claim that his organization was a church until zoning problems arose. AP reported on Tuesday that the county wants to introduce into evidence a 2003 comedy segment from the Daily Show featuring Pritts to show that Pritts is not sincere in his claim that the organization is a church. The four-minute segment (video) includes Pritts saying "God never said you can't party on." Pritts' attorneys have filed a motion to exclude the evidence, saying that it is not relevant and that the segment was heavily edited by the show's producers. [Thanks to Brian D. Wassom for the lead.]

UPDATE: On January 22, the court ruled the jury will not be able to view the video clip, but that the court might reach a different conclusion if an unedited version of the entire interview (without a laugh track) were to become available. (Uniontown (PA) Herald Standard, 1/24/09).

Canadian Arrests Are Likely Challenge To Canada's Polygamy Laws

Yesterday Canadian authorities arrested two religious leaders in Bountiful, British Columbia on charges of polygamy. AP and the Salt Lake Tribune report on the arrest of Jim Oler, bishop of the town's FLDS community and Winston Blackmore, bishop of a competing polygamous group in the town. Blackmore was expelled from the FLDS church in 2002. Oler is charged with having two wives, while Blackmore is charged with having 20 wives. The National Post says the cases, which do not involve underage wives, is likely to be a test of the constitutionality of Canada's ban on polygamy. British Columbia's Attorneys General have feared that the laws will not survive a challenge under the religious freedom guarantee of Canada's Charter of Rights and Freedoms. (See prior posting.)

New Orleans Police Evict Protesters From Closed Catholic Churches

The New Orleans Times-Picayune reports on yesterday's police eviction of protesters from two New Orleans Catholic churches that had been closed by the Archdiocese. Police were accompanied by lawyers from the city attorney's office and by members of the Archdiocese property management office who supervised changing of locks on the churches. Parishioners had occupied the churches for over ten weeks to protest their closure. The Archdiocese said it requested police assistance at Our Lady of Good Counsel and at St. Henry Church after protesters locked themselves in the buildings. The controversy began when Archbishop Alfred Hughes last April ordered 142 parishes reduced to 108.

Vietnam Issues New Directive On Land For Religious Uses

Vietnam's Prime Minister Nguyen Tan Dung has issued a new Directive to assure uniform land management approaches to allocation of land for religious uses. Vietnam News Agency reports today that Directive 1940/CT-TTg calls for government units to speed up the granting of land use certificates to religious organizations that meet legal requirements. It calls for the government and the Communist Party to respect organizations' right to practice their religion. However, Dung warned churches against using the land issue to incite public disorder or undermine national unity. Radio Australia points out that the new directive comes in the wake of a series of recent property disputes between Vietnamese Catholics and the state. (See prior posting.)

Federal Lawsuit By Amish Challenges Building Code Enforcement

The Becket Fund announced yesterday that it had filed suit in a New York federal district court on behalf of eleven Amish families challenging enforcement of Morristown, NY's building code provisions that infringe plaintiffs' religious beliefs. The complaint (full text) in Yoder v. Town of Morristown, (ND NY, filed 1/6/2009), alleges that he religious beliefs of the Swartzentruber Amish preclude them from submitting architect-stamped construction plans, from installing battery-powered smoke detectors, from equipping their houses with hurricane tie-downs and from frost protecting their homes' foundations. The complaint alleges that denying building permits to plaintiffs violates their free exercise, speech, assembly and equal protection rights under the U.S. and New York constitutions, as well as the federal Fair Housing Act and RLUIPA. Plaintiffs trace their problems to the actions of a new Code Enforcement Officer appointed in 2006, saying that prior to that they lived for many years in "peaceful co-existence" with the non-Amish Morristown residents. Yesterday's Watertown (NY) Daily Times reports on the filing of the case.

UPDATE: On Friday, a New York state trial judge ruled that two Amish families in Hammond (NY) can remain in their homes that were constructed without building permits while the federal challenge against Morristown is pending. The judge also ruled, however, that the town of Hammond cannot be liable for any death or injury involving the two families. (Watertown Daily Times, Jan. 10; WNYTV News, Jan. 9).

First 2009 Foray At Evolution Teaching Introduced In Oklahoma

The National Center for Science Education reports that the first anti-evolution bill to be introduced in a legislature in 2009 is Oklahoma's proposed Scientific Education and Academic Freedom Act (SB 320). The NCSE posting also sets out the full text of the bill which provides in part:

educational authorities in this state shall ... endeavor to assist teachers to find more effective ways to present the science curriculum where it addresses scientific controversies. Toward this end, teachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories pertinent to the course being taught....

It also provides that:

Students may be evaluated based upon their understanding of course materials, but no student in any public school or institution shall be penalized in any way because the student may subscribe to a particular position on scientific theories.

This act only protects the teaching of scientific information, and this act shall not be construed to promote any religious or non-religious doctrine, promote discrimination for or against a particular set of religious beliefs or non-beliefs, or promote discrimination for or against religion or non-religion.

School Board Sued Over Religious Harassment of School Library Employee

Last week, a former media aid assistant at Blacksburg (VA) Middle School filed a suit under Title VII of the 1964 Civil Rights Act charging religious harassment and discrimination in the workplace. The complaint (full text) in Scott v. Montgomery County School Board, (WD VA, filed 12/30/2008), alleged that Judith Scott's supervisor insisted on praying for her; tried to get her to attend a Christian conference along with two other teachers; gave Scott religious books, CD's and audiotapes; left scripture verses for Scott to see in the Media Center Planner book; and told Scott that she had anointed the library. The work environment became more hostile when Scott complained about the harassment, and eventually Scott's contract was not renewed. Yesterday's Roanoke Times reports on the decision. [Thanks to Scott Mange for the lead.]

Suit By Former IRS Agent Says Bar On Kirpan Was Religious Discrimination

Yesterday a lawsuit was filed in a Texas federal district court by a former Sikh employee of the Internal Revenue Service. The lawsuit is described in a press release distributed by e-mail by the Becket Fund:

Kawaljeet Tagore, a Sikh American, ... claims that the IRS discriminated against her by prohibiting her from wearing a kirpan, a mandatory article of faith, on her job as a revenue agent at the Mickey Leland Federal Building in downtown Houston.... Tagore was fired in July 2006 because she refused to remove her kirpan.... The kirpan commonly resembles a sword, and is intended as a constant reminder to its bearer of a Sikh's solemn duty to protect the weak and promote justice for all....

The lawsuit claims that the IRS's termination of Tagore violates both the Religious Freedom Restoration Act of 1993 (RFRA) and Title VII religious employment discrimination rules. It alleges that the IRS banned the kirpan as a so-called "dangerous weapon," even though the government allows hundreds of sharp knives and box cutters in the Leland Building. The edge of Tagore's kirpan is three inches long and is not sharp.

The full text of the complaint in Tagore v. United States, (SD TX, filed 1/6/2009) seeks a declaratory judgment, injunction, reinstatement and back pay. The suit was filed by the Becket Fund and the Sikh Coalition.

Petitions For Cert. Filed In Two 9th Circuit Cases

Petitions for certiorari were filed in two church-state cases yesterday. The Pacific Justice Institute announced that a petition for certiorari was filed in Caldwell v. Caldwell. In the case, the U.S. 9th Circuit Court of Appeals dismissed for lack of standing an Establishment Clause challenge to content on an "Understanding Evolution" website created and maintained by the University of California Museum of Paleontology and funded in part by the National Science Foundation. (See prior posting.) Yesterday's Roseville (CA) Press Tribune reported on the filing.

AP reports that several Indian tribes are seeking Supreme Court review in Navajo Nation v. United States Forest Service. In an 8-3 en banc decision in the case, the U.S. 9th Circuit Court of Appeals held that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort, which operates on federal land that the tribes consider sacred. (See prior posting). [Thanks to Blog from the Capital for the lead.]

School Board Says Clergy Cannot Minister To Students At Lunch

In Fort Scott, Kansas, local clergy are complaining to USD 234 School Board about its recently adopted policy that prevents clergy from visiting elementary school lunchrooms to eat lunch with children from their churches. Yesterday's Fort Scott Tribune reports that school board president Matt Ida informed Community Christian Church Children's Pastor Paul Martin that allowing a pastor to minister to children while they are at school violates U.S. Supreme Court decisions.

California Church Loses Challenge To Rezoning Denial

In International Church of the Foursquare Gospel v. City of San Leandro, 2008 U.S. Dist. LEXIS 105525 (ND CA, Dec. 22, 2008), a California federal district court rejected RLUIPA, First Amendment, due process and equal protection challenges to San Leandro, California's refusal to rezone industrial property a church had agreed to buy to "assembly" use. Rejecting a claim that the denial imposed a substantial burden on the church's exercise of religion in violation of RLUIPA, the court said:

In the absence of a showing that the City acted arbitrarily in ways suggesting actual discrimination, the fact that there may be no other properties available to which the Church can expand its operations in the specific way it wants does not mean that the City's zoning code imposes a substantial burden on the Church. Moreover, the evidence provided by ICFG to support its claim that no other suitable properties exist is not sufficient to create a triable issue as to substantial burden.

The court rejected the church's claim that RLUIPA's "equal terms" provision was violated by the zoning code's differentiation between "assembly uses" and uses for commercial recreation and entertainment activities, saying: "ICFG cites to nothing in the legislative history indicating the intent of Congress that the legislation abrogate all local zoning regulations that distinguish between private or nonprofit assemblies and institutions, and commercial or for-profit gatherings of multiple persons." The court also concluded that: "ICFG cannot maintain a claim under the 'total exclusion' provision [of RLUIPA] based simply on the fact that the Church has decided that the only property that will suit it is one that the City will not zone for assembly use." (See prior related posting.)

Hearing Set For January 15 In Challenges To Inauguration Ceremony

Yesterday, the U.S. District Court for the District of Columbia set a date for a hearing on a preliminary injunction in Newdow v. Roberts. The suit challenges the practice of clergy delivering prayers at the upcoming presidential inauguration and challenges the use of "so help me God" by the Chief Justice in administering the oath of office. (See prior posting.) The order (full text) provides that "based on the extraordinary relief sought by the plaintiffs, the Court will hold a hearing on the motion for a preliminary injunction (in essence a motion for a temporary restraining order) on January 15, 2009." [Thanks to Bob Ritter for the lead.]

Labor Department Issues Guidance On RFRA Exemption For Grantees

Yesterday the Department of Labor issued a release explaining how recipients of federal grants under the Workforce Reinvestment Act (WRA) can obtain an exemption from statutory provisions barring hiring by grantees on the basis of religion (full text of Guidance document.) The DOL document implements a 2007 Justice Department Ruling (see prior posting) holding that non-discrimination provisions in federal grant programs are trumped by the Religious Freedom Restoration Act. While the DOL guidance is framed in broader terms, the WRA is the only statute administered by DOL that contains an explicit religious non-discrimination provision (29 USC Sec. 2938). The Guidance sets out various representations that applicants for an exemption must make to DOL. [Thanks to Steven H. Sholk for the lead.]

In Nepal, Clergy Challenge Government's Power To Appoint Hindu Priests

Last May, Nepal abolished its monarchy and moved to a parliamentary form of government. The Hindu reported yesterday on a new religious clash created by the change. Historically the King appointed Nepal's top Hindu priests. The Prime Minister, as the new head of state, last week named two priests to lead the Pashupatinath Temple in Katmandu. Some 200 University students have demonstrated against the appointments. Hindu priests want appointment power to rest solely with the clergy, and they have refused to take part in religious ceremonies at the temple since the appointments. Priests say the government is interfering with religion and upsetting centuries of tradition. Since a new constitution for Nepal has not yet been drafted, legal authority to appoint top priests remains unclear.

Cert. Petition Filed In Case Challenging Jurors' Use of Bible

Yesterday, a petition for certiorari (full text) was filed in Oliver v. Quarterman. In the case, the U.S. 5th Circuit Court of Appeals held that a jury's use of the Bible during the sentencing phase in a murder case was improper, but was not shown to have influenced the jury's decision. (See prior posting.) [Thanks to Scott Gant for the lead.]

Repressive Religion Law Signed By President of Nagorno-Karabakh

Yesterday Forum 18 reported that on December 24, President Bako Sahakyan of the unrecognised Republic of Nagorno-Karabakh in the South Caucasus (between Armenia and Azerbaijan) signed a "repressive" new Religion Law. The statute, many of whose provisions were taken from Armenia's Religion Law, will go into effect ten days after its official publication later this month. Forum 18 says:

The main restrictions in Karabakh's new Law are: an apparent ban on unregistered religious activity; state censorship of religious literature; the requirement for 100 adult citizens to register a religious community; an undefined "monopoly" given to the Armenian Apostolic Church over preaching and spreading its faith while restricting other faiths to similarly undefined "rallying their own faithful"; and the vague formulation of restrictions....

Although the Law does not specifically ban unregistered religious activity, Article 25 requires all religious organisations to register or re-register within six months of the new Law coming into force.

California Supreme Court Says Episcopal Church Owns Property of Break-Away Parish

Today in Episcopal Church Cases, (CA Sup. Ct., Jan. 5, 2009), the California Supreme Court held that building and property of the St. James Parish in Newport Beach belongs to the Episcopal Church, not the parish, once the parish broke away and affiliated with the more conservative Anglican Church of Uganda. The Canons of the Episcopal Church provide that property held by a local parish is held in trust for the general church and for the diocese in which the local church is located.

The court determined that the following test should be used in church property disputes under California law:

if resolution of a property dispute involves a point of [religious] doctrine, the court must defer to the position of the highest ecclesiastical authority that has decided the point. But to the extent the court can resolve a property dispute without reference to church doctrine, it should apply neutral principles of law. The court should consider sources such as the deeds to the property in dispute, the local church’s articles of incorporation, the general church’s constitution, canons, and rules, and relevant statutes, including statutes specifically concerning religious property, such as Corporations Code section 9142 [which provides that the governing instruments of a general church may impress a trust on property of a local church].

The court also concluded that the suit was not subject to an anti-SLAPP motion to strike under California law. A partial concurrence by Justice Kennard argued that Corporations Code sec. 9142 vests the property with the Episcopal Church because it imposes the principle that civil courts must accept decisions of the highest authority in an hierarchical church. She argues that the statute does not reflect a "neutral principles" approach, because it imposes a special rule on religious organizations that would not apply under general property law. The statute allowed imposition of a trust on church property without the congregation's agreement by a resolution adopted after it owned the property. [Thanks to John B. Chilton for the lead.]