Recent Prisoner Free Exercise Cases

In Desimone v. Bartow, 2009 U.S. Dist. LEXIS 48689 (ED WI, June 10, 2009), a Wisconsin federal district court rejected an inmate's claims that his free exercise rights protected by RLUIPA were infringed when authorities seized various journals and documents written in Atlantean. The court held that while plaintiff's "religious conscience may impel him to separate himself from his peers ... through writing in an alien alphabet, he has failed to ... show that the proscription on writing in Atlantean creates a substantial burden on his right to exercise his religion. Further ... the policy prohibiting writing in Atlantean is the least restrictive means available to advance a compelling governmental interest."

In Elock v. Trancoso, 2009 U.S. Dist. LEXIS 49731 (CD IL, June 15, 2009), an Illinois federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities searched her cell and threw away two of her prayer books. The court also expressed doubt that plaintiff could show a violation of her constitutional rights.

In Levy v. Holinka, 2009 U.S. Dist. LEXIS 49586 (WD WI, June 11, 2009), a Wisconsin federal district court permitted an inmate who followed the Hebrew Israelite faith to move ahead with free exercise, RFRA, establishment clause and equal protection challenges to federal prison authorities' refusal to permit him to observe his high holidays and to wear a kufi.

In Fletcher v. Vandyne, 2009 U.S. Dist. LEXIS 49877 (SD OH, June 11, 2009), an Ohio federal magistrate judge dismissed, for lack of evidence, an inmate's claim that prison authorities violated RLUIPA when they refused to serve him non-pork based products several times in the same week.

French Legislators Want Investigation of Wearing Of Burqas

Reuters reported on Friday that in France, nearly 60 legislators have asked a Parliamentary commission to investigate the spread of the practice of women wearing the burqa in France. If the investigation shows that women are being coerced into wearing the religious full face and body covering, Parliament may ban burqas in the country in order to protect individual freedoms.

UPDATE: On Monday (June 22), French President Nicolas Sarkozy, as part of a speech to Parliament, added his support to creation of a commission to study the burqa and ways to prevent its spread. Monday's New York Times reports that Sarkozy characterized the issue as one of freedom and women's dignity. Under recent reforms, the speech was the first by a French president to Parliament since 1875.

Khamenei Sermon Defends Iran's Theocracy, Criticizes US Religious Freedom Record

Friday's now-famous sermon in Iran by Supreme Leader Ayatollah Ali Khamenei on the Iranian election results contained less-reported passages defending Iran's theocratic form of government and criticizing the religious freedom record of the United States. Here, from the full text in English translation (via Juan Cole), are excerpts on religion and state:

These elections showed our religious democracy to the entire world. All those people who are ill-wishers towards the system witnessed what religious democracy really is.

This is a third way different from dictatorships and tyrannical systems on the one hand and democracies removed from spirituality and religion on the other. This is religious democracy. This is what attracts the hearts of people and brings them to the center of the arena, and it just passed its test. That was one point about the election....

In the US, in a Democrat administration, when the husband of this lady who is making comments (Khamene'i refers to Bill Clinton) was in charge, more than 80 people, members of the [Branch] Davidian sect were burned alive. They cannot deny it. Democrats did it. The Davidian sect angered the American government for some reason. The followers of the Davidian sect were staging a sit-in protest in a house. The authorities asked them to come out. The Davidians refused. More than 80 men, women and children were burned alive in this house. The Americans have no understanding of human rights.

I think the American officials should take it upon themselves feel ashamed. The Islamic Republic is the flag-bearer of human rights. The way we defend the suppressed people of Palestine, Lebanon, Iraq and Afghanistan shows our commitment. It shows the human rights flag is flying high in Iran. We do not need the advice of others on human rights. That was my take on the election.

Appeals Filed In Valedictorian Speech, Montana Law School CLS, Cases

Two appeals of interest have recently been filed. On Thursday, a petition for certiorari (full text) to the U.S. Supreme Court was filed in McComb v. Crehan. In the case, the U.S. 9th Circuit Court of Appeals upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references. Rutherford Institute has issued a press release on the filing. (See prior posting.)

Also on Thursday, an appeal was filed with the U.S. 9th Circuit Court of Appeals in Christian Legal Society v. Eck. (Full text of Notice of Appeal.) In the case, a Montana federal district court upheld application of the University of Montana Law School's non-discrimination and open-membership policies for recognized student groups to the Christian Legal Society. (See prior posting.) The Alliance Defense Fund issued a release announcing the appeal.

Obama Speaks At Hispanic Prayer Breakfast

President Obama this morning spoke at the Esperanza National Hispanic Prayer Breakfast held at Washington's JW Marriott Hotel. (Full text of remarks.) He said in part:

At a time when there's no shortage of challenges to occupy our time, it's even more important to step back, and to give thanks, and to seek guidance from each other -- but most importantly, from God. That's what we've come here to do.

We can begin by giving thanks for the legacy that allows us to come together. For it was the genius of America's Founders to protect the freedom of all religion, and those who practice no religion at all. So as we join in prayer, we remember that this is a nation of Christians and Muslims and Jews and Hindus and non-believers. It is this freedom that allows faith to flourish within our borders. It is this freedom that makes our nation stronger.

For those of us who draw on faith as a guiding force in our lives, prayer has many purposes. For many, it is a source of support when times are hard.... But prayer is more than a last resort. Prayer helps us search for meaning in our own lives, and it helps us find the vision and the strength to see the world that we want to build.

In his remarks, he indicated his commitment to passing comprehensive immigration reform, and also made reference to his recent nomination of Judge Sonia Sotomayor to the U.S.Supreme Court.

Texas High Court Says State RFRA Applies To Zoning Restrictions

Today in Barr v. City of Sinton, (TX Sup. Ct., June 19, 2009), the Texas Supreme Court held that the strict scrutiny standard in the Texas Religious Freedom Restoration Act applies to zoning ordinances. It went on to hold that the city of Sinton's ordinance that banned correctional or rehabilitation facilities within 1000 feet of residential areas, schools, parks or places of worship infringed the rights of a halfway house for recently released prisoners operated by a religious ministry. The ordinance effectively barred the halfway house from the entire city. In response to the city's argument that plaintiffs' free exercise of religion was not involved, the court said: "the fact that a halfway house can be secular does not mean that it cannot be religious." [Thanks to Douglas Laycock via Religionlaw for the lead.]

Chaplain Resigns After In-Jail Bar Mitzvah Party Disclosed

On Wednesday, the Forward reported that Satmar Rabbi Leib Glanz has resigned as a New York prison chaplain after it was disclosed that he helped a Jewish prison inmate throw a lavish Bar Mitzvah party inside the Manhattan Detention Center. The party was for the son of Tuvia Stern, a fellow Satmar, who is in jail at "the Tombs" on charges of bank fraud and fleeing the country. Catered kosher food and silverware were brought into the prison gym where the party was held, and as entertainment a popular Hasidic singer performed for the Bar Mitzvah guests. The article reports that Rabbi Glanz has a history of wielding political influence to obtain funding and political good will for Satmar institutions. Corrections Department chief Peter Curcio, who was in charge of jail security, also resigned in the wake of disclosures about the in-jail Bar Mitzvah party.

Church Sues Florida School Board Over Flyer Policy

In Fort Myers, Florida, the Cypress Wood Presbyterian Church this week filed a federal lawsuit against the Collier County School Board challenging its policy on distribution of flyers in schools. The complaint (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, filed 6/17/2009), alleges that Board policy permits non-profit groups to make flyers available to students to promote cultural, community, charitable, recreational, and education-related activities. However, flyers publicizing religious events may not contain proselytizing messages and may not overtly advocate support for a religious organization. The school district refused to permit plaintiff to distribute flyers promoting its Vacation Bible School. The lawsuit claims that the refusal violates plaintiff's 1st Amendment speech and free exercise rights, its 14th Amendment equal protection and due process rights, and Florida's Religious Freedom Restoration Act. Alliance Defense Fund issued a release announcing the filing of the case.

Civil Rights Group Issues New Report On Hate Crimes

The Leadership Conference on Civil Rights has recently issued a 48-page report titled Confronting the New Faces of Hate: Hate Crimes in America 2009. The report is an update of a similar one issued in 2004. It emphasizes that "the number of hate crimes committed against Hispanics and those perceived to be immigrants has increased each of the past four years for which FBI data is available, and hate crimes committed against individuals because of their sexual orientation has increased to its highest level in five years." Portions of the report also focus on hate crimes against religious minorities: Jews, Muslims and Sikhs. The Executive Summary says in part:

Fear and vilification of immigrants has combined with the worst economic downturn in decades and the election of the first African-American president to cause a surge in the activity of white supremacist groups.... Extremists have taken advantage of the Internet and new technologies to recruit new members and promote their bigoted ideology. Whereas hate mongers once had to stand on street corners and hand out mimeographed leaflets to passersby, extremists now use mainstream social networking sites such as MySpace or Facebook to access a potential audience of millions — including impressionable youth.

[Thanks to Michael Lieberman for the lead.]

Old Abuse Claim Filed By Cardinal O'Connor's Nephew

Taking advantage of a Delaware 2-year statute of limitations window to file old clergy abuse claims, 31-year old Rich Green, a nephew of the late New York Cardinal John O'Connor, has filed suit against the Oblates of St. Francis de Sales. Today's Philadelphia Inquirer reports that the abuse occurred over a 6-month period when Green was 14. The suit alleges that the late Rev. John M. McDevitt, a teacher at Philadelphia's at Northeast Catholic High School who knew that Green was O'Connor's nephew, threatened to fail Green in his religion course if he did not go along with the abuse. He also threatened to injure Green if he reported the abuse. The abuse caused Green to turn away from his religion. The suit can be brought in Delaware because the Oblates sent McDevitt to Philadelphia from Delaware knowing of his sexual abuse history.

Religious Conservatives Criticize Obama's Extension of Some Benefits To Gay Couples

Yesterday President Barack Obama signed a Memorandum (full text and full text of remarks at signing) extending certain benefits to same-sex domestic partners of government employees. (New York Times.) The White House also released an official statement along with the memorandum. Among the benefits made available are use of sick leave to care for their domestic partners or their partners' children; coverage of partners under long-term care insurance; and providing equal treatment for partners of American Foreign Service officers in use of medial facilities and visitation rights in case of an emergency. He also called for the Office of Personnel Management to conduct further reviews of possible benefits and of non-discrimination provisions.

Obama indicated that current federal law precludes him from going further by executive action, but announced his support for the Domestic Partners Benefits and Obligations Act that would extend the full range of benefits-- including health care and retirement benefits--to same-sex couples as are enjoyed by married heterosexual couples. Not surprisingly, a number of conservative Christian groups, as in a press release from the Family Research Council, have criticized the President's action. Dan Gilgoff reports that they contend the Memorandum essentially elevates same-sex partnerships to a status that approximates marriage, in violation of at least the spirit of the federal Defense of Marriage Act.

Padilla Suit Against Yoo Includes RFRA Claim

Last week, in a decision widely reported in the press and blogosphere (AP, Consitutional Law Prof Blog), a California federal district court held that convicted terrorist Jose Padilla can sue former Deputy Attorney General-- now law professor-- John Yoo for drafting legal memos justifying the detention and interrogation of enemy combatants. Padilla alleges that the memos led to his being tortured. Less widely reported, however, was the fact that in Padilla v. Yoo, (ND CA, June 12, 2009), the court also held that Padilla can move ahead on a claim under the Religious Freedom Restoration Act. Padilla alleged that among the interrogation tactics used against him were the "sudden and unexplained removal of religious items," the "denial of any mechanism to tell time in order to ascertain the time for prayer in keeping with the Muslim practice," and "denial of access to the Koran for most of his detention." The court held that RFRA permits individual capacity suits for money damages against federal officials.

Christian Group Sues For Free Access To Arab Festival In Michigan

Arabic Christian Perspective, a group whose goal is to convert Muslims to Christianity, has filed a federal civil rights lawsuit against the Dearborn (MI) police department which has told the group that its members cannot pass out handbills by walking freely through the 4 to 5 block Dearborn Arab International Festival that will be held this weekend. Yesterday's Detroit News reported that the group wanted its 90 volunteers to have unlimited access. Organizers of the Festival say that the group is welcome to rent a booth, but that safety is impaired if large numbers of people move throughout the festival handing out flyers. Arabic Christian Perspective says that it has a constitutional right to use public sidewalks in the Festival area to give out the flyers.

UPDATE: Here is the complaint in Arabic Christian Perspective v. City of Dearborn, (ED MI, filed 6/16/2009). On Thursday, the court refused to grant a temporary restraining order to prevent Dearborn from restricting ACP and its founder Pastor George Saieg from passing out Christian literature at the Festival. (Right Side News). The Detroit News on Thursday reports that ACP will still be able to have a presence at the Festival at a fixed location, like other groups. ACP's attorney said the group will continue to pursue the case, even though the denial of the TRO effectively settles the issue for this year.

Court Dismisses Claims Against Church Members Who Picketed Strip Club

Yesterday's Coshocton (OH) Tribune reports that an Ohio federal court judge has dismissed a lawsuit filed by the Foxhole strip club against New Beginnings Ministries. Foxhole, located near New Castle, Ohio, has been picketed since 2007 by New Beginnings members who blocked the club's driveway entrance, blocked patrons and employees from entering, surrounded customers' cars to prevent them from entering, photographed patrons and employees, and threatened patrons with adverse consequences. New Beginnings has claimed that these activities were protected speech, assembly and religious exercise. The suit also charges that Sheriff Timothy Rogers failed to protect the club. Apparently the court found that the public right-of-way outside the club goes up to the building, undercutting Foxhole's charges that church members entered and refused to leave its private property. Counterclaims by the church are still pending.

Michigan Supreme Court Adopts Rule Allowing Trial Judges To Order Removal of Face Coverings

According to the Detroit Free Press, the Michigan Supreme Court yesterday, by a vote of 5-2, adopted a rule that permits trial judges to decide whether to require witnesses to remove head coverings or face veils. The rule was proposed after a controversy over a small claims court judge who dismissed a Muslim plaintiff's case when she refused to remove her niqab while testifying. (See prior posting.) The rule was proposed (full text) as an amendment to the Rules of Evidence, and provides : "The court shall exercise reasonable control over the appearance of parties and witnesses so as to (1) ensure that the demeanor of such persons may be observed and assessed by the fact-finder, and (2) to ensure the accurate identification of such persons." Volokh Conspiracy also discusses the amendment.

Suit Challenges Academic Credit For Released Time Religious Instruction

In Spartanburg, South Carolina, parents of two high schoolers and the Freedom from Religion Foundation (FFRF) have filed suit in federal court challenging the constitutionality of Spartanburg High School's offering academic credit for religious released-time instruction. The complaint (full text) in Moss v. Spartanburg County School District ) No. 7, (D SC, filed 6/17/2009), alleges that the school's implementation of its Released Time for Religious Instruction Policy, adopted pursuant to South Carolina's 2006 Released Time Credit Act, violates the Establishment Clause. The statute provides that in awarding academic credit, the course must meet the same secular criteria used for awarding transfer credit. The complaint alleges that the course offered to students-- taught by a private group, the South Carolina Bible Education in School Time-- is evangelical, sectarian and proselytizing in its content. FFRF yesterday issued a press release announcing the filing of the lawsuit.

PBS Will Enforce Rule Against Purely Religious Broadcasts

The Board of PBS has decided to begin enforcing a rule that has been on its books since 1985 that prohibits its public television affiliates from carrying purely religious programming. Fox News yesterday reported that the decision will not force six PBS stations that currently carry sectarian programming to end their current coverage, but no new religious shows can be aired by them and none of the 350 other stations can air shows with purely religious content. Thus the Mass for Shut-Ins broadcast by New Orleans and Denver affiliates can continue, as can Mormon devotionals on Brigham Young University's PBS station. All stations can still air documentaries on religious topics as well as newsworthy religions services such as a Papal Mass. Federal law does not bar religious programming on PBS, but network officials are concerned about the appearance of endorsement.

India Fails To Approve Visas For USCIRF Delegation

Reflecting the complicated politics involved in both countries, the Indian government has failed to approve visas for members of the U.S. Commission on International Religious Freedom who were supposed to visit the country beginning June 12. Today's India Times reports that Indian officials denied that the failure to issue visas was related to statements made earlier this month by Hindu leader, Shankaracharya Jayendra Sarawati. (See prior posting.) However the Indian government does feel that a high profile visit, approved by the Indian government, would be inappropriate at this time. USCIRF has criticized violence against religious minorities in India. Meanwhile, the Obama administration is apparently not eager for the USCIRF trip to take place either. Most of the USCIRF commissioners and staff are holdover appointees from the Bush administration, and the timing of the trip overlapped with a planned visit to India by US Undersecretary of State William Burns who will be laying the groundwork for a visit to India by Secretary of State Hillary Clinton.

Suit Dismissed After University Changes Policy On Outside Speakers

After the 6th Circuit last year reversed a trial court's dismissal of a claim against Ohio's Miami University challenging its policy on access for outside speakers (see prior posting), the University changed it speaker policy and the parties have now settled the lawsuit . A Stipulation of Dismissal (full text) has been entered. Along with the dismissal in Gilles v. Hodge, (SD OH, June 15, 2009), Miami University filed a letter it had issued to evangelist James Gilles indicating that he-- like others who have not been invited by a student group-- may preach and hand out literature on certain sidewalks on campus, but elsewhere on campus may only engage in consensual personal conversation with individuals. Alliance Defense Fund issued a release Monday applauding the change in University policy on access by outside speakers.

In Britain, Jewish Couple Sues Over Light Sensors In Hallway On Sabbath

Today's London Mail reports on an unusual religious discrimination lawsuit filed by an Orthodox Jewish couple in the British coastal resort town of Bournemouth. Dr. Dena Coleman, a head teacher at an Orthodox Jewish school in London and her husband Gordon, who purchased a vacation apartment in a building in the town in 2003, object to the motion-sensing light switch that the management company of their building placed in communal hallways six months ago. The Colemans complain that the sensor forces them to be prisoners in their own apartment on the Sabbath, since triggering the lights during the Sabbath by walking into the hallway violates their religious beliefs. The Colemans have offered to pay for an override switch to disable the sensors during the Sabbath, but the management company and other residents object. They say the switches save electricity costs and prevent heat damage to light fittings. In response, the Colemans filed suit alleging that failure to accommodate their beliefs amounts to religious discrimination and a violation of the Equality Act 2006 and Human Rights Act 1998. They also say that when they bought their apartment, they were assured that motion sensors would not be installed. [Thanks to Steven H. Sholk for the lead.]

UPDATE: Totally Jewish.com reported on Thursday that the directors of the management company have decided to install an override switch to meet the Colemans' objections. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]