EEOC Sues Over Harassment of Evangelical Employee

Business Management Daily reports today that the EEOC has filed a religious discrimination lawsuit against a Mount Airy, Virginia carport dealer for failing to respond to complaints from an employee about religious harassment from co-workers. Brenda Thompson, who belongs to an evangelical nondenominational church, was called a "devil-worshipper" by her co-workers. They also called here religion a "cult".

Recent Prisoner Free Exercise Cases

In Odneal v. Pierce, (5th Cir., April 3, 2009), the U.S. 5th Circuit Court of Appeals held that a Texas federal district court had improperly rejected a RLUIPA claim by a Native American inmate who wanted to maintain long hair (a kouplock) and wear a medicine pouch. However the court upheld the dismissal of plaintiff's challenge to the frequency of religious services in his prison unit. Earlier this month the Houston Chronicle reported on the decision.

Al-Amin v. Shear, (4th Cir., April 10, 2009), the U.S. 4th Circuit Court of Appeals vacated a Virginia district court's decision, holding that the trial court had applied the wrong standard in rejecting plaintiff's claim under RLUIPA that he should be able to use his now-legal name (Al-Amin) in place of his name when he was committed (Jones) to access his inmate account. In connection with plaintiff's claims regarding his diet during Ramadan, the court held that the statute of limitations under RLUIPA is 4 years, and that factual questions remained about some of his claims. The court also held that the district court had improperly dismissed on statute of limitations grounds plaintiff's claims regarding refusal of donations of Islamic materials for the prison chaplain's library.

In Greenberg v. Hill, 2009 U.S. Dist. LEXIS 28027 (SD OH, March 31, 2009), an Ohio federal district court adopted a magistrate's recommendation, holding that an inmate's free exercise and RLUIPA rights were not violated when Jewish inmates were denied a full kosher Seder meal on two nights in April 2007.

In Allen v. Tilton, 2009 U.S. Dist. LEXIS 28499 (CD CA, April 2, 2009), a California federal magistrate judge dismissed, but allowed the filing of an amended complaint, by a Muslim inmate who claims his fre exercise rights were violated when he was denied a Halal diet.

In Riley v. Terhune, 2009 U.S. Dist. LEXIS 29082 (ED CA, April 2, 2009), a California federal magistrate judge rejected an inmate's claim his free exercise and RLUIPA rights were violated by the correction department's grooming regulations. Plaintiff had alleged only that he practices an ancient Egyptian religion that requires long hair.

In Lichtenthal v. Brustman, 2009 U.S. Dist. LEXIS 29153 (D NJ, April 7, 2009), a New Jersey federal district judge rejected an inmate's claim that he should be permitted to reside at a halfway house closer to his home or permitted to drive 180 miles to his home to observe the Jewish Sabbath and be given a furlough to observe Passover.

In Menefield v. Tilton, 2009 U.S. Dist. LEXIS 30504 (ED CA, March 27, 2009). a California federal district judge permitted a Muslim prisoner to proceed with free exercise, equal protection and RLUIPA challenges to the refusal to provide him with either Halal or kosher meals. The court also ordered appointment of counsel for plaintiff.

In Jones v. Burk, 2009 U.S. Dist. LEXIS 30859 (ED CA, March 26, 2009), a California federal district judge allowed an inmate to move ahead with his claim for damages under RLUIPA growing out of the refusal by prison authorities to allow plaintiff to keep prayer beads, prayer oil, prayer clay and a skull cap.

In Jones v. Walker, 2009 U.S. Dist. LEXIS 31387 (WD TX, March 17, 2009), a Texas federal district judge adopted a magistrate's recommendation and dismissed an inmate's claims that prison officials failed to follow state policies on confiscating and destroying a "contraband" prayer rug and providing rotation of pork-free substitutes and pork-free holiday meals.

KATV News reports that in a case on remand from the 8th Circuit (see prior posting), a Tennessee federal district judge has awarded an inmate damages of $625 for violation of his free exercise rights. Plaintiff was required to clean his cell on Saturday mornings in violation of his observance of the Sabbath.

In Bailey v. Rubenstein, 2009 U.S. Dist. LEXIS 32192 (SD WV, April 15, 2009), a West Virginia federal district court accepted a magistrate's recommendation and dismissed a claim by a Native American inmate that prison restrictions on smoking infringed his free exercise rights and his rights under RLUIPA.

In Blount v. Echols, 2008 U.S. Dist. LEXIS 108397 (WD AK, Sept. 4, 2008), an Arkansas federal magistrate judge rejected defendant's motion for summary judgment and permitted a Mormon inmate to move ahead with his challenge to prison rules that allow detainees to have only one religious book while in lock-down.

Court Says Fallen Eruv Wire Is Not A Known Dangerous Condition

In Egar v. Congregation Talmud Torah, (NY Sup. Ct., April 16, 2009), a New York state trial court dismissed a claim by a victim of a slip-and-fall accident that a group of synagogues should be liable for her injuries because she tripped over a fallen wire that was part of an eruv maintained by the defendants. The eruv (a symbolic enclosure within which observant Jews may carry items on the Sabbath) ran through the property of St. John's Episcopal Hospital's teaching center where plaintiff fell. Plaintiff claimed that defendants had constructive notice that the eruv constituted a dangerous condition because a year earlier an eruv wire had fallen in a different location. The court disagreed, saying that a "single incident of the eruv falling a year before this incident certainly does not constitute evidence of a regularly recurring condition of which defendants must be aware." [Thanks to YY Landa for the lead.]

Radical Cleric In Pakistan Returns To Red Mosque To Push For Shari'a Nationally

Time Magazine yesterday reports on another victory in Pakistan for those who favor imposition of Islamic law in the country. Radical cleric Abdul Aziz has been released on bail by Pakistan's Supreme Court after it ruled that there was insufficient evidence to hold him on charges of inciting violence. He had originally been arrested in 2007 after a week-long confrontation between government authorities and clerics from the Red Mosque-- including Aziz-- who had set up a religious court to enforce Islamic law. A day after his release, he returned to the pulpit at Islamabad's Red Mosque, preaching a sermon promising to continue to fight to establish Shari'a (Islamic law) throughout the country. (See prior related posting 1, 2.)

Growing Trend For Churches To Locate In Commercial Space

Newspapers from two separate states report on a growing phenomenon-- churches locating in commercial areas. Sometimes zoning officials see this as a problem because the tax exempt institutions are taking property that might be tax producing. Elsewhere, however, planners see this as creating a promising economic partnership. Yesterday's Galesburg (IL) Register-Mail says that many Illinois churches, looking to expand at lower cost than constructing new buildings, are relocating to closed big-box stores and auto service centers that they remodel to meet their needs. Today's Tyler (TX) Morning Telegraph reports that in cities like Conroe and Tyler, Texas, the many churches relocating to downtown areas have brought increased vitality to the commercial districts. Church goers have extra parking on Sundays, while workers during the week have expanded parking in church lots. Planners also see the potential for downtown restaurants to serve church-goers. Architect Don Mabry says that churches are the largest owners of real estate in downtown Tyler, attracting more people downtown than any single business does.

Yemen's Parliament Investigating Handling of Qur'an Desecration Complaints

Yemen Post reported today that Yemen's Parliament has set up a special committee to investigate what procedures the Interior Ministry follows when it receives a report charging desecration of the Qur'an. The action comes after a group of private citizens took matters into their own hands when police did not respond to a complaint charging a man with tearing and stepping on a copy of the Qur'an. Last Tuesday, a group of private citizens gathered from a number of mosques after morning prayers and went to the house of the alleged offender where they broke in, burned the furniture inside as well as two cars parked at the house.

Cert. Petition Filed In Illinois "Choose Life" License Plate Case

A petition for certiorari was filed with the U.S. Supreme Court on Thursday in Choose Life Illinois, Inc. v. White. Yesterday's Christian Post reports that the petition for review was filed by the Thomas More Society after the 7th Circuit refused to grant en banc review in the case. A 3-judge panel of the 7th Circuit last November upheld Illinois' refusal to issue a special "Choose Life" license plate after after proponents obtained the requisite number of signatures requesting it. (See prior posting.)

UPDATE: Here is the full text of the petition for certiorari.

Justice Thomas On Religion and His Court Duties

Last Monday's New York Times reported on comments made by U.S. Supreme Court Justice Clarence Thomas at a dinner sponsored by the Bill of Rights Institute honoring winners of a high school essay contest. Answering questions submitted in advance in writing by students, at one point Thomas said:

how can you not reminisce about a childhood where you began each day with the Pledge of Allegiance as little kids lined up in the schoolyard and then marched in two by two with a flag and a crucifix in each classroom?

Asked how his religious faith influences his work on the court, he responded:

I think that it really gives content to the oath that you took. You say, "So help me God."... There are some cases that will drive you to your knees.... In those moments you ask for strength and wisdom to have the right answer and the courage to stand up for it. Beyond that, it would be illegitimate, I think, and a violation of my oath to incorporate my religious beliefs into the decision-making process.

[Thanks to Scott Mange for the lead.]

Coach Can Proceed With Discrimination Claim Against Jewish School

In Flynn v Rabbi Haskel Lookstein Middle School of Ramaz, (NY Sup. Ct., April 14, 2009), a New York state trial court held that Kevin Flynn, the former coordinator of athletics for a New York Jewish day school, stated a prima facie case of religious discrimination and could proceed to discovery. In the case, Flynn, one of only a handful of non-Jewish faculty at the school, says he was treated less favorably than Jewish faculty. The complaint alleges that an administrator referred to Flynn as having a "hot Irish temper," and that Flynn was the only faculty member required to attend anger management training. The complaint also alleges that discrimination was the underlying motivation for Flynn's eventual termination. The court however dismissed Flynn's claims for wrongful termination, defamation and various contractual claims.

Group Charges FBI Is Asking Muslims To Monitor Mosques

The Council of Islamic Organizations of Michigan has written Attorney General Eric Holder asking him to investigate complaints against the FBI. Reportedly agents are asking Muslims to give information on people attending mosques and the donations they make. Time reported yesterday that in particular, people with pending immigration issues are being approached by the FBI with offers of help in exchange for their monitoring mosques.

Georgetown Explains Covering of Religious Symbols For Obama's Speech

President Barack Obama delivered a speech (full text) at Georgetown University on Tuesday. According to The Hoya yesterday, the University has explained that: "In coordinating the logistical arrangements for the event, Georgetown honored the White House staff's request to cover all of the Georgetown University signage and symbols behind the Gaston Hall stage in order to accommodate a backdrop of American flags, consistent with other policy speeches." The "IHS" monogram-- a symbol of Jesus' name-- located directly behind the podium was covered with a piece of wood painted black.

An article in today's Philadelphia Evening Bulletin explains further that the drape placed at the rear of the stage was not high enough to fully cover the IHS and cross above the university seal, so, according to a University spokesman "it seemed most respectful to have them covered so as not to be seen out of context." However Patrick Reilly, president of The Cardinal Newman Society, said: "It is such a sad commentary that Catholic universities are willingly hiding the most visible signs of their Catholic identity when hosting secular leaders."

Oklahoma Passes Bill On Use of Historical Religious References In Classrooms

The Oklahoma state Senate on Wednesday passed by a vote of 40-7 a bill that had already been approved by the House (in an 88-5 vote) which will permit public schools to use religious references from a wide array of historical documents in classrooms and school events. HB 1756 lists 9 types of historical documents that may be utilized, including presidential speeches and published records of Congress. It then provides:

School districts shall not limit or restrain instruction in American or Oklahoma state history or heritage based on religious references in documents, writings, speeches, proclamations, or the materials described in subsection B of this section. These and any other materials shall be used for educational purposes only and not to establish or promote any religion.

Wednesday's Tulsa World, reporting on the Senate vote, quoted Sen. Clark Jolley, the Senate sponsor of the bill, who said it will allow teachers to discuss the religious context of historical documents like the Mayflower Compact and the Declaration of Independence. However Sen. Johnnie Crutchfield, who is also a teacher, said that the bill's passage was motivated by politics and is an "answer in search of a problem."

Conviction For Killing Unborn Child Does Not Violate Establishment Clause

Sanders v. State of Texas, (TX App., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. The Texas Penal Code prohibits intentionally and knowingly causing the death of any "individual", and defines "individual" as including "an unborn child at every stage of gestation from fertilization until birth." (Sec. 1.07). In affirming appellant's conviction, the Texas appellate court held that this definition of "individual" does not violate the Establishment Clause. It rejected appellant's argument that the definition amounted to an endorsement of religious groups that believe life begins at conception. The court said that the definition furthers the state's legitimate secular interest in protecting unborn children from the criminal act of others.

San Francisco College Changes Speaker Rules In Settlement of Jews for Jesus Case

A consent judgment (full text) has been issued in Jews for Jesus, Inc. v. City College of San Francisco, (ND CA, April 15, 2009). The settlement grew out of a lawsuit challenging the college's requirement that speakers and those handing out flyers obtain a permit. Plaintiff, an employee of Jews for Jesus, was arrested for repeatedly handing out literature on campus without a permit. The court had denied a preliminary injunction in the case in January, finding that rule changes made the 1st Amendment challenge moot. (Full text of decision). This week's settlement provides that the college will adopt those changes that apparently have already been made in its rules. They allow individuals to speak and distribute literature in designated areas by merely notifying the student activities office of their presence on campus. Yesterday's Christian Post , as well as an ADF release, report on the case.

Today Religion Clause Is 4 Years Old

Today is Religion Clause's 4th birthday. I want to thank all my long time readers and welcome those who have joined us more recently. I appreciate the leads that many of you e-mail to me and I apologize that I am not able to separately acknowledge each one. I do read them all and use as many as I can.

This month Religion Clause reached two milestones: it passed the 8,000 mark for the number of postings, and the site meter which records the number of visits since the blog began passed the half-million mark. Over 45% of those visits were recorded in the past 12 months.

With the change in Administrations in Washington, the flow of material for Religion Clause has not slowed. "Blog years" are even longer than "dog years." So I enter year 5 along with all of you, a bit older, hopefully a bit wiser, and with appreciation to you for making Religion Clause such a widely recognized source for objective information and primary source material on church-state and free exercise developments.

Today Is "Day of Silence" In Schools-- Focuses On LGBT Bullying

In schools across the country, today is "National Day of Silence"-- designed to call attention to anti-LGBT name-calling, bullying and harassment in schools. Christianity Today surveys three rather different recommendations on how Christian high schoolers should respond. A college psychology professor, Warren Throckmorton, suggests that Christians can participate to make schools safe without altering their views on sexuality. He wants them to carry cards in school today referencing the Golden Rule. The Illinois Family Institute disagrees, urging parents to take their children out of school for the day so they will not be "complicit in the exploitation of the classroom for partisan political purposes." Alliance Defense Fund wants Christian students to participate in a counter-event on April 20-- the "Day of Truth." Students will wear T-shirts and pass out cards urging gay students to explore changing their sexual orientation.

Court Says Statute Protects Church Property Sought For Use As Sidewalk

In City of Jordan v. Church of St. John the Baptist of Jordan, (MN Ct. App., April 14, 2009), a Minnesota Court of Appeals interpreted a Minnesota statute that protects churches from certain takings by eminent domain. Minn. Stat. § 315.42 prohibits state and local governments from taking land of any religious corporation by eminent domain for use as streets or roads unless the religious organization's board of trustees approves. The court held that this prohibition also applies to taking of church land to use for sidewalks or for traffic signals. Reporting on the decision yesterday, the Minneapolis Star-Tribune says that the case "carried huge symbolic weight for many in Jordan worried that Scott County's hypergrowth was ripping into the fabric of a historic downtown."

Missouri Baptist Convention Loses Again In Suit To Get Control of Windermere

The Missouri Baptist Convention has suffered another loss in its attempt to regain control of the valuable Windermere Baptist Conference Center that broke away from the Convention (along with 4 other institutions) in a dispute over the fundamentalist stance of new MBC leaders. According to ABP, on April 9 a Camden County (MO) Circuit judge dismissed a suit challenging the legality of changes that Windermere made in its articles of incorporation in 2001. The judge said that the issues are the same as those posed in a companion lawsuit that was decided by the state court of appeals in February. In that case, the appellate court held that the amendments taking away MBC's power to elect Windermere trustees were validly adopted. The April 9 dismissal leaves fraud charges against one defendant pending, at least for the time being.

Colorado High Court: Catholic Eldercare Facility Not Entitled To Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo Department of Finance, (CO Sup. Ct., March 30, 2009), in a 4-3 decision, the Colorado Supreme Court held that the sales and use tax exemption in the City of Pueblo's tax code does not apply to Villa Pueblo, an elderly care community operated by the non-profit group Catholic Health. The court concluded that Villa Pueblo is not a "charitable organization" as that term is defined in the city's tax code. It rejected Catholic Health's contention that all religious organizations with 501(c)(3) status should be exempt, saying that this would put secular organizations engaged in similar activities at a competitive disadvantage. The court held that city's exemption is consistent with the Establishment Clause because it furthers a broad secular purpose. Finally it concluded that imposition of a sales or use tax on a religious organization does not violate the Free Exercise clause.

In an opinion by Justice Eid, three judges dissented. They argued that the majority interprets the exemption to apply to religious organizations only if they provide all services free of charge, while nonreligious charities are entitled to the exemption even if they charge some fees, so long as they operate at a loss. "The City has thus applied its tax code in such a way that discriminates against religious organizations in violation of the Free Exercise Clause of the United States Constitution."

Canadian Court Clears Sikh Youth Charged With Assault

Today's Toronto Star reports that a Canadian teenager in Montreal's youth court was cleared of assault charges after a finding that religious and nationality differences played a part in the case. The youth, a Sikh, was accused by two classmates of threatening them with the pin he used to tuck his hair under his turban and poking one of them with his kirpan that was wrapped in a cloth under his clothing. The incident took place during a lunch break. (See prior posting.) Youth court judge Gilles Ouellet said that technically there was sufficient evidence to convict on the hairpin charge, but the judge gave the boy an unconditional discharge saying: "If the three boys had the same nationality, and the same faith, this case would not have ended up before the court."