Fish and Wildlife Service Is Investigating Illegal Eagle Feather Sales

Yesterday's Bismark (ND) Tribune reports on a number of indictments that have come out of a broad investigation by the U.S. Fish and Wildlife Service of individuals who are illegally buying, selling and receiving eagle feathers. The investigation covers 16 states and the U.S. Pacific Island Territories. The Oregonian reported on Friday that Reginald D. Akeen, one of the men arrested as a result of these investigations, has pleaded not guilty in an Oregon federal district court to charges of violating the Migratory Bird Treaty Act. Akeen, a member of the Kiowa tribe from Oklahoma, was arrested March 12 in Albuquerque, N.M., on charges that he illegally sold feathers as he traveled to various pow wow's in the West. Demand for eagle feathers for use in Native American religious ceremonies is high.

Recent Prisoner Free Exercise Cases and Developments

In Smith v. Frank, 2009 U.S. Dist. LEXIS 22848 (ED WI, March 20, 2009), a Wisconsin federal district court rejected a Native American inmate's claim that his rights under RLUIPA were violated when a eagle feather he possessed was confiscated and eventually inadvertently destroyed.

In Spence v. Frank, 2009 U.S. Dist. LEXIS 23095 (ED WI, March 23, 2009), a Wisconsin federal district court rejected an inmate's RLUIPA claim, finding that he was not punished because he called his social worker by her spiritual name, Morning Dove, but rather was punished because he wrote her letters telling her that he loved her and calling her "Smurf".

In Colquitt v. Ellegood, 2009 U.S. Dist. LEXIS 23305 (MD FL, March 20, 2009), a Florida federal magistrate judge rejected an inmate's claim that his free exercise rights were violated when the copy of a Quran furnished to him in jail had too small print and the jail rejected a larger print version purchased for the inmate by his wife and mailed from Amazon.com.

In Taylor v. Grannis, 2009 U.S. Dist. LEXIS 23311 (ND CA, March 12, 2009), a California federal district court permitted an inmate to move ahead with claims under RLUIPA that he was improperly denied permission to have tobacco products for a religious ceremony.

The Maryland Daily Record reported last week that Maryland prisons plan to begin offering kosher meals to observant Jewish prisoners. The program will start in time for Passover next month. Two cases are currently in the courts claiming that Maryland officials had refused to accommodate prisoners' requests for kosher diets.

USCIRF Reveals Previously Secret State Department Action On Religious Liberty Violators

Rather odd developments in implementing the International Religious Freedom Act were reported yesterday in a press release from the U.S. Commission on International Religious Freedom. Under the statute enacted in 1998, by May 1 each year USCIRF is to submit a report on religious freedom in various countries around the world to the State Department, the President and Congress. Then, taking into account USCIRF's recommendations, by September 1 each year the State Department is to submit an Annual Report on International Religious Freedom to Congress. The Act also requires the President to annually designate the worst violators of religious freedom to be "countries of Particular concern"(CPC) and to take any of a number of actions against those countries, unless he grants a waiver.

Despite the call for annual designations, the Bush administration, while submitting annual reports, had not updated its CPC list since 2006. Last September, USCIRF criticized the State Department for not having updated its designations. (See prior posting.) Now it turns out that just before leaving office, the Bush administration did take action to redesignate the same 8 countries as it had placed on its CPC list in 2006. On January 16, the administration named Burma, Eritrea, Iran, North Korea, the People's Republic of China, Saudi Arabia, Sudan, and Uzbekistan, but, as in the past, gave waivers to Saudi Arabia and Uzbekistan.

The puzzling part of this, however, is that according to USCIRF, while the designation was made, "the list was not made available until this week, when the Obama State Department released the list in response to a U.S. Commission on International Religious Freedom (USCIRF) inquiry." Now the State Department’s website also reports the January redesignation on a page titled Frequently Asked Questions: IRF Report and Countries of Particular Concern.

Court Upholds Texas Pledge Containing "Under God"

In Croft v. Perry, (ND TX, March 26, 2009), a Texas federal district court has rejected an Establishment Clause challenge to the Texas Pledge of Allegiance. The Pledge, recited in public schools, reads: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." (The disputed language was added to the Pledge in 2007. See prior posting.) Texas laws permits students to opt out of reciting the pledge. In the suit brought by parents of school children, the court found a secular legislative purpose and concluded that the pledge did not amount to an endorsement of religion. The court added: "simply asserting that the Texas pledge contains a religious phrase does not transform the Texas pledge from a voluntary patriotic act into a compulsory religious prayer." A press release from Texas Attorney General Gregg Abbott discusses the decision, as does a report in today's Dallas Morning news. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

New Hampshire AG Releases More Clergy Abuse Files

In New Hampshire, Attorney General Kelly A. Ayotte's office has released files on dozens of sexual abuse allegations against Catholic clergy. Most of the charges relate to incidents decades ago, but some claim abuse as recently as 2000. The files disclose the identities of 27 members of the clergy who had not previously been publicly named. Thursday's New York Times reports that the files contain significant information on the communications between the Diocese of Manchester and prosecutors after the clergy sex abuse scandal erupted in 2002. In a 2002 settlement, the Diocese agreed to annual audits by the state’s Attorney General.

Final Texas Science Curriculum Standards Are Adopted

There is a good deal of disagreement on the who won in the final version of the Texas science curriculum standards that were adopted by the State Board of Education on Friday by a vote of 13-2, after numerous amendments were approved. Today’s Dallas Morning News, New Scientist and Wall Street Journal all report on various aspects of the Board’s meeting. As expected, the Board affirmed a vote earlier this week not to go back to former language that would call on students to analyze the "strength and weaknesses" of scientific theories. (See prior posting.) In 8-7 votes, the Board deleted two sections that would have required high school biology classes to examine the "sufficiency or insufficiency" of common ancestry and natural selection of species.

However, the Board inserted other provisions that critics see as a wedge to introduce Creationism or Intelligent Design into the curriculum. Biology students are to “analyze and evaluate scientific explanations” on the complexity of cells as well as data on the “sudden appearance and stasis and the sequential groups in the fossil record." The Earth Science curriculum that was adopted calls for students to learn that there are "differing theories" on the "origin and history of the universe."

These changes will affect the review of textbooks by the Board in two years. Texas is such a large purchaser of books, that publishers often tailor the books they offer nationally to Texas standards.

Pastor's Suit Challenging Arrest For Gay Pride Protest Is Settled

According to Thursday's Wichita (KA) Eagle, a settlement has been reached in a federal lawsuit that was filed last year by a pastor who was arrested for preaching and distributing literature on a sidewalk near a park where a Gay Pride event was being held. (See prior posting.) A consent decree handed down this week stipulates that the city violated Pastor Mark Holick’s 1st and 14th Amendment rights, and awards him $11,700 in damages and $2,500 in attorneys’ fees. Wichita’s city attorney says that the officers who arrested Holick mistakenly thought the sidewalk was part of the park where the event was being held.

Proposed Armenian Religion Law Passses First Reading

Forum 18 reported earlier this week on proposed amendments to Armenia’s Religion Law and a proposed new Armenian Criminal Code provision containing fairly broad restrictions on proselytizing. The proposed laws passed their first reading in Parliament March 19, but further action will be delayed while the laws are reviewed by the Council of Europe's Venice Commission and the OSCE. The new Religion Law will require 500 adult citizens as members to register a religious community. (This is down from 1000 that appeared in the first draft of the proposal, but is an increase over the 200 that is found in current law.) The proposed law also recognizes "the exclusive mission of the Armenian Apostolic Holy Church as the National Church in the spiritual life of the Armenian people…" This is similar to language in 2005 amendments to the country’s Constitution. Religions that "exercise or try to exercise control over members' personal life, awareness, health, and ownership" are banned by another provision in the draft law.

NY Budget Cuts Will Delay Speedy Autopsies Needed By Muslims and Jews

New York City’s Chief Medical Examiner says planned state budget cuts will force extensive staff reductions which, in turn, will have a particular impact on observant Muslims and Jews. They may be unable to obtain the rapid autopsies that are necessary to meet their religious requirements for speedy burial. CBS 2 News reported Thursday that the Medical Examiner’s office faces cuts of $18 million.

Vietnam Court Rejects Appeal of Catholic Demonstrators

In Vietnam, a court has rejected an appeal by eight Roman Catholics who had been convicted and given suspended sentences, probation and, in one case, merely a warning, after engaging in demonstrations in Hanoi last year. AP reported Friday on the appeal of the convictions for disturbing public order and damaging property growing out of a prayer vigil seeking return of land once owned by Thai Ha Church in Hanoi. Defendants say their activities were protected speech. Government authorities contend that the land was turned over to the city, and have since turned it into a park. (See prior related posting.)

NY High Court Rejects Claim By Woman Against Priest With Whom She Had Affair

In Doe v Roman Catholic Diocese of Rochester, (NY Ct. App., March 26, 2009), New York's high court dismissed a lawsuit by a woman (identified only as Jane Doe) against Father Peter DeBellis, a Catholic priest who Doe consulted for counselling. The suit by Doe and her husband alleged that Doe began a sexual relationship with DeBellis that lasted for more than three years. The relationship and the counselling continued despite repeated complaints to the Diocese by Doe's husband, who is also a plaintiff in the lawsuit. Plaintiffs brought a breach of fiduciary duty claim against Father DeBellis, and claims for negligent supervision and retention against the Diocese. Relying on a case it decided last year (see prior posting), the court held:

The complaint ... falls short of what is necessary to state a claim for breach of fiduciary duty. The bare allegation that Jane Doe was "a vulnerable congregant" is insufficient to establish that plaintiff was particularly susceptible to Father DeBellis's influence. Nor does the complaint provide any other allegations to show that the parties had a relationship characterized by control and dominance. Plaintiffs' claims for negligent supervision and retention against the Diocese likewise fail.

Newsday yesterday reported on the decision.

Sen. Grassley May Subpoena Records of One or Two Televangelists

BNA's Daily Report for Executives [subscription required] today reports that Sen. Charles Grassley says he may subpoena records from those televangelists who have failed to cooperate with him in his investigation of their financial dealings. In 2007, Grassley began an investigation of possible abuse of tax-exempt status by six high-profile "prosperity gospel" ministers. Grassley says that he has received complete information from two ministries and more limited cooperation from two others. Kenneth Copeland Ministries says it will cooperate only if an investigation is carried out by the IRS through a church tax inquiry. Creflo and Taffi Dollar of World Changers Church International and Creflo Dollar Ministries have refused to provide any of the requested data. (See prior related posting.)

Award of Rabbinical Court Vacated For Non-Disclosure of Relationship To A Party

In Matter of Beth Jacob Teachers Seminary Inc. v Le'Bunos, (NY Kings Co. Sup. Ct., March 24, 2009), a New York trial court took the unusual step of vacating an arbitration award made by a Rabbinical Court (bet din) on the ground that the arbitrator failed to disclose facts that may support an inference of bias. Two religious organizations that were parties to a lease agreed to submit a dispute over the scope of the lease to the Rabbinical Court of Tzedek Umishpot. Unknown to the lessee, an employee of the lessor was married to Rabbi Yerachmiel Barash who served as secretary and clerk to the Rabbinical Court. This information surfaced when at a Rabbinical Court hearing, Rabbi Barash-- at the urging of one of the Rabbis on the arbitration panel-- telephoned his wife to obtain verification of certain rental date information. [Thanks to Y.Y. Landa for the lead.]

Archbishop Talks About Obligations of Catholics In the Public Square

The Pew Forum last week published a long interview with Denver Archbishop Charles Chaput on the political obligations of Catholics. Chaput, author of the recent book Render Unto Caesar: Serving the Nation by Living Our Catholic Beliefs in Political Life, says in the interview:

we Catholics serve Caesar best when we serve God first, and that means living our Catholic beliefs vigorously, faithfully and without apologies at home and in the public, at work and in the voting booth. We can’t ignore the sufferings of the poor or the homeless or undocumented immigrants and then claim to be good Catholics. We also can’t ignore the killing of unborn children without struggling to end that daily homicide – not just through supportive social policies, but by changing the law.

[Thanks to Brad Pardee via Religionlaw for the lead.]

Belarus Appeals Court Rejects Challenge To Religious Registration Law

Forum 18 yesterday reported on a March 2 decision by the Supreme Court of Belarus that rejected a constitutional attack on the country's religion law. The law requires registration of religious groups. (The Supreme Court is not the highest court in Belarus. The highest court for constitutional interpretations is the Constitutional Court.) In the appeal, brought by a Pentecostal pastor who had been fined the equivalent of $149 (US) for leading an unregistered congregation, the court's Vice-chairman Valeri Kalinkovich rejected arguments that the registration provisions violate the religious freedom protections found in Articles 23 and 31 of the Belarus Constitution and in Art. 18, Part 3 of the International Covenant on Civil and Political Rights.

8th Circuit Says Missouri's Procedure For Approving Specialty Plates Is Invalid

In Roach v. Stouffer, (8th Cir., March 26, 2009), the U.S. 8th Circuit Court of Appeals held unconstitutional Missouri's statute that gives the legislative Joint Committee on Transportation Oversight broad authority to approve or reject applications for creating new specialty license plates. The statute permits a veto of proposed plates by small numbers of legislators. The Court found that the Joint Committee's unbridled discretion creates the potential for unconstitutional viewpoint discrimination. The suit was brought by an organization whose request for a "Choose Life" license plate had been denied after objections from two state senators. In upholding an injunction ordering the state to issue the plates, the court joined three other Circuits in holding that messages on specialty plates are private speech, not governmental speech. The court reasoned:

The primary purpose of Missouri's specialty plate program is to allow private organizations to promote their messages and raise money and to allow private individuals to support those organizations and their messages.... With more than 200 specialty plates available to Missouri vehicle owners, a reasonable observer could not think that the State of Missouri communicates all of those messages.

In a release on the decision from Alliance Defense Fund (which represented plaintiffs) indicates that Missouri has already begun to sell the plates since the Court of Appeals had refused to stay the injunction previously issued by the district court. The Kansas City Star also reports on the decision.

UN Human Rights Council Again Adopts Defamation of Religion Resolution

Yesterday the United Nations Human Rights Council again adopted a non-binding "defamation of religions" resolution by a vote of 23 yes, 11 no and 13 abstentions. (AP report). The resolution was introduced by Pakistan on behalf of the Organization of the Islamic Conference, and was co-sponsored by Belarus and Venezuela. The lengthy document (full text):

Urges all States to provide, within their respective legal and constitutional systems, adequate protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions and incitement to religious hatred in general, and to take all possible measures to promote tolerance and respect for all religions and beliefs;

A version of the resolution has been adopted in a U.N. body each year since 1999. The Becket Fund reports that this year 180 non-governmental organizations from 50 countries had signed a petition (full text) urging rejection of the resolution. Western countries have opposed the underlying premise of the resolution, arguing that it is individuals, not religions, that have rights. The United States is not a member of the Human Rights Council. (See prior related posting.)

Texas Board Largely Supports Teaching Of Evolution Without Adding Alternatives

Yesterday the Texas State Board of Education again more or less reaffirmed its earlier decision to mandate teaching of evolution in a manner consistent with mainstream science. After hearings in January, the Board preliminarily voted 8-7 to drop prior languge in the state's science curriculum standards that called for students to analyze the "strength and weaknesses" of scientific theories. (See prior posting.) New, more pro-science, language was adopted that says students should "analyze and evaluate scientific explanations using empirical evidence."

The final set of hearings on these standards began Wednesay. (AP). Yesterday, according to the New York Times, the the Board by a vote of 7-7 refused to adopt a proposal to go back to the old "strengths and weaknesses" language. However, social conservatives were able to add new requirements at various specific points in the curriculum that call on teachers to evaluate the sufficiency of current scientific explanations. For example, Biology standards will now call on teachers to "analyze and evaluate the sufficiency or insufficiency of natural selection to explain the complexity of the cell." A final Board vote is to be taken today. It is expected to reaffirm yesterday's result since one additional Board member will participate and she has already indicated that she opposes the changes pressed by social conservatives. (Dallas Morning News.)

Suit Challenges Middle School's Refusal To Recognize Religious Club

On Wednesday, the mother of a middle school student in Atlanta filed suit in a Georgia federal district court challenging the refusal by school officials to give formal recognition and free use of meeting facilities at Sutton Middle School to a Christian student group, the STS Club. In Shelton v. Atlanta Public Schools, (ND GA, filed 3/25/2009), the complaint (full text) alleges that school authorities violated the Equal Access Act, as well as the 1st and 14th Amendments in using various excuses to keep STS Club out of the school. Eventually the club was formed, but it is required to pay rent to use facilities before school, and it is denied other benefits given to recognized student organizations. Alliance Defense Fund announced the filing of the lawsuit.

Obama Administration Defends Visa Denial To Muslim Scholar

Reuters reports on arguments last Tuesday before the U.S. Second Circuit Court of Appeals in the case of Muslim scholar Tariq Ramadan who is appealing the denial of a visa by U.S. consular officials. Originally Ramadan sought admission to the U.S. to accept tenured position at the University of Notre Dame. After that became impossible, he continued his request, hoping to attend other academic events in the United States. The district court upheld the government's argument that it could exclude Ramadan because he had contributed funds to an organization which he knew, or should have known, provided funds to Hamas, a Designated Foreign Terrorist Organization. (See prior posting.) Civil liberties had hoped that the Obama administration would reverse what they say was a Bush administration policy to exclude foreign scholars from visiting the U.S. because of their political beliefs. However the government continued to defend the denial, arguing that "consular decisions are not subject to litigation." Assistant U.S. Attorney David Jones said that the decision to continue to deny Ramadan's visa was taken "upwards in the State Department."