Some Allegations Are Struck In Sex Abuse Suits Against Diocese

In four decisions on motions to strike portions of the pleadings in pending sexual abuse lawsuits against the Hartford Catholic Diocese, a Connecticut trial court has concluded that most of the allegations can be decided by applying neutral tort principles. The suits seek to hold the Diocese responsible for abuse carried out by two priests. However the court agreed with defendant that ruling on several of the allegations of negligence would involve a constitutionally impermissible examination of internal church governance and clergy employment decisions.

The court struck allegations that the Diocese failed to adequately evaluate the mental fitness of the abusers to serve as Catholic priests and that it induced the Catholic faithful to entrust their children's moral and spiritual well being and safety to priests and then failed to protect the children from sexual abuse. The court said that these claims would require the it to delve into Church doctrine or religious practices. The court also concluded that one child does not have a cause of action based on the Diocese's failure to report suspected abuse of another child. The cases, all decided by the Waterbury (CT) Superior Court on Feb. 24, 2009 are: Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 575; Cerninka v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 581; Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 560; and Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 590.

Court Enjoins Georgia's Ban on Sex Offenders As Church Volunteers

In Whitaker v. Perdue, (ND GA, March 30, 2009), a Georgia federal district court issued a preliminary injunction to prevent enforcement of provisions in Georgia's sex offender law to the extent that it restricts registered sex offenders from engaging in volunteer activities at churches. The court found that the prohibition in O.C.G.A. § 42-1-15(c)(1) against registered sex offenders being employed by or volunteering at any church is unconstitutionally vague. In particular, there is substantial confusion over what type of participation in church activities turns the individual into a "volunteer" under the statute. In deciding to grant the preliminary injunction, the court said that allowing registered sex offenders "to participate in their faith communities will further public safety by providing support, stability, and a grounded sense of right and wrong. Both the Board of Pardons and Paroles and the GDC recognize that encouraging people to be involved with faith-based programs will reduce recidivism."

Other portions of the court's 39-page opinion dealt with class certification and refused to dismiss plaintiffs' takings clause claims. Yesterday's Gainesville (GA) Times reported on the decision.

Ismaili Muslims Not A "Race" Under Section 1981

In Wilson v. Pepsi Bottling Group, (ND GA, March 30, 2009), a Georgia federal district court held that 42 USC Sec. 1981 was not violated when an association of convenience store owners limited its membership to Ismaili Muslims. Section 1981, enacted in the post-Civil War period, applies to racial discrimination in making or enforcing contracts. The court concluded that at the time of the enactment of Section 1981, Ismaili Muslims would not have been considered a separate race. Nor did plaintiffs prove that only Caucasian non-Ismalis were excluded. Convenience Store News reported on the decision yesterday.

Prayer At Community Policing Meetings Did Not Violate Establishment Clause

The Chicago (IL) police force, as part of its community policing efforts, holds regular "beat meetings" between police officers and community members in various neighborhoods so police and citizens can exchange information and discuss crime problems. In Kaplan v. City of Chicago, 2009 U.S. Dist. LEXIS 25573 (ND IL, March 27, 2009), a former police officer complained that beat meetings she attended opened and closed with Christian prayers. An Illinois federal district court rejected her Establishment Clause challenge on a variety of grounds. It held that plaintiff failed to show that the prayers resulted from "state action" rather than the initiative of community members. She did not show that she was coerced to participate in the prayer or the meetings. Nor did she show that the police department endorsed, rather than merely tolerated, the prayer. Finally the court held that her suit against the city required her to show a municipal policy or custom leading to a Constitutional violation. The court also rejected plaintiff's Title VII claim. She had alleged that her removal from assignments to beat meetings because of her objections was an adverse employment action due to religious discrimination.

Consent Decrees Entered In EEOC Cases On Behalf of Muslim Workers

TMC News yesterday reported that a a Minnesota federal magistrate judge has given final approval to consent decrees settling two related cases involving failure to accommodate religous needs of Muslim workers employed by, or seeking employment with, a chicken producer with plants in Minnesota and Wisconsin. The settlement in EEOC v. Gold'n Plump Poultry, Inc., requires the company to add a paid break during the second half of each shift to accommodate Muslim employees who wish to pray in the course of the work day. The timing of the break will fluctuate during the year to coordinate with the required time for Muslim prayer, but all workers, regardless of religion, will be entitled to the break. Gold'n Plump will also pay damages totalling $215,000 to 128 Somali American Muslims who complained that they were disciplined or discharged for practicing their religion.

In the second case (EEOC v. The Work Connection) brought against an employment agency that recruited workers for Gold'n Plump, the consent decree requires an end to the practice of requiring applicants to sign a form stating that they will not refuse to handle pork products in the course of their work. Some 28 applicants previously turned away for refusing to sign the form will now be offered positions at Gold'n Plump, and they will share in a damage award totalling $150,000.

5th Circuit Hears Arguments On Santeria Slaughter Ban

Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Merced v. City of Euless (recording of full arguments). In the case, a Texas federal district court upheld a decision by the the City of Euless to deny Jose Merced a permit to sacrifice a goat. The animal slaughter was to be part of a Santeria religious ceremony. (See prior posting.) AP and a release from Becket Fund reported on the oral arguments. Becket Fund's Eric Rassbach, representing Merced, argued: "If Euless permits animal killing for hunting, fishing, meat production, pest control and euthanasia, it cannot ban it for religious reasons." The Becket Fund release also links to all the parties' briefs in the case.

Arizona Trespass Conviction Challenges Authority of Utah To Reform FLDS Trust

Yesterday's Deseret News reports on new legal complications in the ongoing attempt by a Utah court to restructure the United Effort Plan Trust that owns the land and homes of Fundamentalist LDS Church members in Colorado City, AZ and Hildale, UT. (See prior posting.) Isaac Wyler, who continues to live in Colorado City, is an employee of court-appointed trustee, Bruce Wisan. Wyler has posted eviction and tax notices on UEP-owned homes and is trying, at Wisan's request, to get FLDS members to sign occupancy agreements. Last month, a Mohave County Arizona judge convicted Wyler on two counts of criminal trespass for entering some of the homes without permission of their residents. It rejected Wyler's defense that he was acting under authority of a Utah court order. On Monday, the judge imposed a suspended 10-day jail sentence, two years probation and a fine of $400 on Wyler. The arrest of Wyler by the Colorado City Town Marshall reflects the decision last year by members of the polygamous FLDS Church to begin to challenge actions to reform the UEP Trust, instead of ignoring the Utah court proceedings as they had done since 2005. (See prior posting.)

Court Says Curfew Law Infringes Free Exercise, Speech Rights

In State of Idaho v. Doe, (ID Ct. App., March 31, 2009), an Idaho appellate court held that Wendell, Idaho's juvenile curfew ordinance is unconstitutionally overbroad. Upholding a facial challenge to the law, the court said that:

by restricting minors' access to all public places during curfew hours, the ordinance severely inhibits the ability of minors to exercise their First Amendment rights for one-quarter of the day.... [They] are precluded from attending midnight church services unless accompanied by a parent or guardian or in possession of a permission slip. They cannot participate in City Council meetings that run late, political caucuses, or general gatherings related to political and social opinions. A minor's freedom of speech, freedom of religion, and freedom of association are all curtailed by the curfew ordinance.

AP reports on the decision.

Recent Prisoner Free Exercise Cases

In Thompson v. Williams, (9th Cir., March 26, 2009), the 9th Circuit rejected a prisoner's free exercise, RLUIPA and equal protection challenges to authorities' refusal to provide him with a Halal, or in the alternative a kosher, diet.

In Daly v. Davis, 2009 U.S. App. LEXIS 6222 (7th Cir., March 25, 2009), the 7th Circuit held that a prisoner's religious exercise was not substantially burdened when he was suspended for a month from the kosher food program after he violated program rules by eating non-kosher food and bartering his kosher food tray for a non-kosher tray.

In Cromer v. Braman, 2009 U.S. Dist. LEXIS 23901 (WD MI, March 25, 2009), a Michigan federal district court rejected a challenge to various actions taken against an inmate because he was a member of "Nation of Gods and Earths" which is classified by prison authorities as a security threat group. Plaintiff claimed that these actions discriminated against him as a member of Nation of Islam.

In Logan v. Lockett, 2009 U.S. Dist. LEXIS 24328 (WD PA, March 25, 2009), a Pennsylvania federal district court rejected an inmate's claim that his rights were infringed when he was excluded from participation in the Ramadan fast and subsequent communal meal with other inmates. The court first held that monetary damages are unavailable under RLUIPA in suits against prison officials in either their official or personal capacities. It also rejected his RLUIPA and 1st Amendment claims, finding that his exclusion stemmed from his disagreement with the teachings of the Imam who led the Muslim congregation at the prison.

In Roby v. Stewart, 2009 U.S. Dist. LEXIS 24413 (ND CA, March 16, 2009), a California federal district court dismissed for failure to exhaust administrative remedies a complaint by a prisoner that his free exercise rights were infringed when authorities double-celled him with an Evangelical Christian who posed a threat and ultimately attacked him because he was a Satanist.

In Cary v. McNeil, 2009 U.S. Dist. LEXIS 23621 (ND FL, March 6, 2009), a Florida federal magistrate judge instructed a pro se plaintiff to file an amended complaint presenting more facts about his claims, including his claim regarding denial of a diet that complies with his religious needs.

In Portune v. Ornoski, 2009 U.S. Dist. LEXIS 24465 (ND CA, March 13, 2009), a California federal district court rejected a prisoner's complaint that he was denied parole because of his refusal to participate in a Narcotics Anonymous program that he said violated his religious beliefs. The court found that the parole board also considered whether he participated in an equivalent drug rehabilitation program.

US Will Seek Seat on UN Human Rights Council

In a statement yesterday, the U.S. State Department announced that the United States this year will run for a seat on the United Nations Human Rights Council. Describing the decision as part of the Obama administration's "new era of engagement", the U.S. said that it can make the Council more effective by working from within. The Bush administration refused to seek a seat, believing that there were insufficient safeguards to prevent countries with human rights violations from becoming members. (See prior posting.) Politico reports on the new policy. Anti-Defamation League expressed concern about the U.S. decision, saying: "Since its inception in 2006, the HRC has virtually ignored the major human rights violations of our times and instead has repeated the entrenched, institutionalized anti-Israeli bias of its predecessor.... We hope the U.S. will be vociferous in its representations against the one-sided anti-Israel pronouncements and can be a force for change within the body."

Court Rejects Jewish Man's Anti-Muslim Conspiracy Charges

In Hummasti v. Ali, 2009 U.S. Dist. LEXIS 25433 (D OR, March 23, 2009), an Oregon federal district court rejected, largely for lack of evidence, a rather outlandish set of RICO, conspiracy and discrimination allegations by a former Portland State University student who was operating an unlicensed food kiosk outside the courthouse in Portland, Oregon. Filing the lawsuit pro se, John Hummasti, who is Jewish, alleged, among other things, that the county health inspector who told him he needed a license for his food kiosk was attempting to impose Islamic law on him and was conspiring to prevent him from collecting charity for the Jewish community in Portland. He alleged that various Islamic groups in Portland had conspired to deny him the right of free speech on public campuses, and that police officers violated his 1st Amendment rights when they arrested him for assaulting a Muslim man who was stopped at a red light near where Hummasti was carrying signs opposing Islamic terrorism in Gaza.

Air Force Institutes Scholarship Program To Train Chaplains

The Air Force has announced the creation of a new religious professional scholarship program, designed to train chaplains in faiths where, at any particular time, there is a shortage of Air Force chaplains Air Force Link reported Monday that the program is open to any commissioned officer or anyone currently enrolled in a commissioning program, such as the Air Force Academy or ROTC. Scholarship recipients will receive tuition grants (presumably for their theological studies), plus stipends to cover certain fees or expenses as determined by Air Force Institute of Technology officials, who are in charge of the academic portion of the program. Scholarship recipients will be required to serve for 8 years. Craig W. Duehring, assistant secretary of the Air Force for manpower and reserve affairs, said: "This program is a huge step forward in providing qualified chaplains for the Air Force." Currently there is a shortage of Catholic chaplains.

Former NFL Coach Invited Onto President's Faith-Based Council

Yesterday's Muncie (IN) Star Press reports that President Barack Obama has invited former NFL Indianapolis Colts coach Tony Dungy to serve as a member of the Advisory Council on Faith-Based and Neighborhood Partnerships. Dungy, author of two books focusing on Christian values, has been in involved with numerous charitable causes. Americans United however issued a press release opposing his selection, saying that Dungy "has well-known ties with intolerant Religious Right groups." It particularly focused on his remarks "at a fund-raising dinner for the Indiana Family Institute, a James Dobson-affiliated group that opposes gay rights, reproductive rights and separation of church and state." (See prior related posting.)

Court Accepts Plea Deal With "Resurrection Clause" In It

Yesterday's Baltimore Sun reports on an odd plea agreement entered by 22-year old Ria Ramkissoon, a member of a religious cult called 1 Mind Ministries. The cult's leader, Queen Antoinette, is accused of ordering cult members, including Ramkissoon, to withhold food and water from Ramkissoon's 2-year old son, Javon. This led to Javon's death. Antoinette believed that Javon was a demon because he did not say Amen after he was fed. Under her plea agreement, in exchange for testifying against other cult members Ramkissoon's 20 year sentence will be reduced to time already served plus 5 years' probation (plus two 8-hour deprogramming sessions). The unusual added clause however is one that provides charges will be dropped if Javon is resurrected-- as the Ramkissoon believes he will. Prosecutors say the clause stipulates a "Jesus-like resurrection, which is distinguished from a reincarnation" as an animal or object.

School Agency's Creationism Neutrality Does Not Violate Establishment Clause

In Comer v. Scott, (WD TX, March 31, 2009), a Texas federal district court rejected an Establishment Clause challenge to a policy of the Texas Education Agency that required its Director of Science to remain publicly neutral regarding the teaching of creationism. The Director, Christina Comer, was fired for forwarding to two listservs and seven science educators an announcement about an anti-Creationism talk that was being presented in Austin. The court emphasized that the Texas Education Agency supports the elected State Board of Education as the Board develops curriculum, and Agency employees are prohibited from taking sides on issues that the Board must resolve. The court concluded that the neutrality policy does not advance religion and therefore does not violate the Establishment Clause. It rejected Comer's argument that the neutrality policy amounted to the Agency's unconstitutionally treating religion like science. The Dallas Morning News reported on the decision yesterday. (See prior related posting.)

Illinois Break Away Episcopal Diocese Files Declaratory Judgment Action

The Diocese of Quincy (IL) which last year broke from the Episcopal Church and affiliated with the Anglican Province of the Southern Cone has filed a declaratory judgment action in Illinois state court to clarify its rights to hold and manage diocese endowment funds. Virtue Online reported yesterday that the filing of the suit this week followed a January letter claiming those funds written by the Episcopal Church to the bank holding the endowments. Some of the churches in the Quincy Diocese have remained loyal to the Episcopal Church and are forming a new diocese.

India Supreme Court Rejects Muslim Student's Challenge To Grooming Rule

India's Supreme Court on Monday rejected a challenge by a Muslim high school student to school rules that require him to shave his beard. The National and UCANews yesterday reported on the decision that permits a Catholic school, the Nirmala Convent Higher Secondary School, to enforce its grooming policy. Sixteen year old Mohammad Salim claimed that the ban violates his constitutionally protected right to practice his religion. He also argued unequal treatment since Sikh students are permitted to wear beards and turbans. Justice Markandey Katju said: "We should strike a balance between rights and personal beliefs." He also added: "We don’t want to have Taliban in the country. Tomorrow a girl student may come and say that she wants to wear a burqa [in the school] – can we allow that?"

President Signs Law Extending Foreign Religious Worker Program To Sept. 29

On March 20, President Obama signed H.R. 1127, a bill that makes "SR visas" under the special immigrant non-minister religious worker program available to aliens seeking to enter the U.S. before September 30, 2009. Under prior law the program had expired March 6. The State Department's website reports on the signing. Last December, the Department of Homeland Security amended regulations implementing the program. (See prior posting.) [Thanks to Josh Gerstein's Blog for the lead.]

Paper Says Catholic Church Knew of Priest Abuse Problem Earlier Than Previously Thought

National Catholic Reporter yesterday ran a long article disclosing that:

decades before the clergy sexual-abuse crisis broke publicly across the U.S. Catholic landscape, the founder of a religious order that dealt regularly with priest sex abusers was so convinced of their inability to change that he searched for an island to purchase with the intent of using it as a place to isolate such offenders....

Fr. Gerald Fitzgerald, founder of the Servants of the Paracletes, an order established in 1947 to deal with problem priests, wrote regularly to bishops in the United States and to Vatican officials, including the pope, of his opinion that many sexual abusers in the priesthood should be laicized immediately. [Full text of letters.]

Ontario Expands Permissible Religious References On Personalized Plates

In Canada, Ontario's Ministry of Transportation announced last week that it was revising its personalized license plate program to permit religious titles to be used on personalized plates. The department says it has been guided by a report of a voluntary advisory panel (full text of report). Instead of the current rules that ban all religious messages, the panel urged the following guidelines:

Positive or neutral expressions of religious beliefs and mythology are permissible; including references to religious celebrations, titles, leaders and symbols. All religions and beliefs are permissible.... Negative, pejorative or derogatory reference to any religion whatsoever are not permitted.... Any meaning implying the superiority or exclusivity of one religion or creed over others or proselytizing statements are prohibited....