Members of Congress Join In Rally To Protest Falun Gong Persecution By China

Last week, members of Congress joined activists in a rally on Capitol Hill to mark the tenth anniversary of the start of persecution of the Falun Gong by the government of China. Yesterday's Epoch Times reports that speakers at the rally included New Jersey Rep. Chris Smith, Florida Rep. Lincoln Diaz-Balart and Florida Rep. Ileana Ros-Lehtinen.

Obama Meets At White House With Mormon Leader

Yesterday President Obama met at the White House with Thomas S. Monson, president of the Church of Jesus Christ of Latter-Day Saints. KSL-TV and the Salt Lake Tribune both report on the meeting at which Monson presented the President with a specially-researched 5-volume leather-bound history of the Obama family gong back hundreds of years. After the meeting, Obama issued a statement, in part expressing his appreciation for the genealogical records. The White House meeting was arranged by Nevada Senator (and majority leader) Harry Reid. Also attending the Oval Office meeting was Mormon Elder Dallin Oaks, who once taught at the University of Chicago Law School (as did Obama).

Israeli Court Awards Damages To Bedouin Family Excluded From Swimming Pool

In Israel, the Beersheba Magistrate's Court today awarded damages equivalent to $2560 (US) to a Bedouin family who were denied entry to a swimming pool in the town of Ofakim. According to YNet News, plaintiffs in the lawsuit alleged discrimination on the basis of religion, race and nationality. They claimed that the pool owner objected to the mother's veil, saying it would drive away his other customers. Pool owner Zion Peretz allegedly demanded that she remove it, or else that the family return at a later time to swim. Peretz admitted that he did not let the mother enter, but said it was because a rabbi and his six children were swimming in the pool and he had promised them not to let women enter. The judge rejected that as a defense and held that the pool owner's discrimination had insulted plaintiff family in a significant manner.

Competing Lawsuits Filed In Dispute Over Religious Services At Co-op Unit

Canopus is a Putnam County, New York cooperative comprised of 22 free-standing homes on 15 acres of land. A longstanding dispute between Anthony Bondi, Jr., a lessee of one of the homes, and his neighbors has led to competing lawsuits being filed in state court in New York. Bondi is head of an organization known as the Holy Orthodox Catholic and Apostolic Church of America. He holds services in his home which are attended each week by ten to 15 people. The cooperative has threatened to terminate his lease saying he is in violation of a lease provision that limits use of homes to residential purposes. Neighbors say that Bondi's advertising of services, including a website, invites strangers into the close-knit neighborhood. In 2008, Bondi filed a housing discrimination complaint with the New York State Division of Human Rights and with federal authorities at HUD. The New York agency issued a Determination of Probable Cause, and Canopus (as permitted by New York law) elected to have the complaint adjudicated in civil court.

While settlement negotiations were going on, Canopus-- without advance notice-- filed in state court. The complaint (full text) in Canopus Realty Corp. v. Bondi, (Sup. Ct. Putnam Co., filed 7/2/2009) seeks a declaratory judgment that Bondi does not have a right to run a business, including his Church, from his residence, and that enforcement of the lease terms that restrict use to residential purposes does not violate state or federal civil rights laws. In response, New York filed a housing discrimination lawsuit against the cooperative. The complaint (full text) in New York State Division of Human Rights v. Canopus Realty Corp., (Sup. Ct. Putnam Co., filed 7/14/2009), alleges religious discrimination, saying that the cooperative does not prevent other residents from inviting guests to their homes or to the co-op's clubhouse. It asks for a declaratory judgment, injunction and damages, as well as various broader remedial actions by Canopus. Courthouse News Service today reports on the lawsuits.

Recent Articles of Interest

From SSRN:

• William W. Van Alstyne, Religion in the Workplace: A Report on the Layers of Relevant Law in the United States, (Comparative Labor Law & Policy Journal, Vol. 30, No. 3, 2009).
• Reid K. Weisbord & Peter DeScioli, The Effects of Donor Standing on Philanthropy: Insights from the Psychology of Gift-Giving, (Gonzaga Law Review, Vol. 45, No. 2, January 2010).

From SmartCILP:

• Charlton C. Copeland, God-Talk in the Age of Obama: Theology and Religious Political Engagement, 86 Denver University Law Review 663-691 (2009).
• Josh Goodman, Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel, 32 Hastings International & Comparative Law Review 477-528 (2009).
• Robin Fretwell Wilson, Same-Sex Marriage and Religious Liberty: Life After Prop 8, 14 NEXUS 101-111 (2008-2009).

Texas Town Is Changing City Council Invocation Policy

San Marcos, Texas City Council has responded to complaints by Americans United and the ACLU that invocations opening Council meetings have almost always been specifically Christian in content. The Austin American Statesman reported last Friday that Council has directed City Attorney Michael Cosentino to develop a policy that prohibits prayers which proselytize or advance one religion. Also, the invocation at tomorrow's Council meeting will be delivered by Rabbi Kerry Baker from Austin's Congregation Kol Halev.

Iranian Singer Sentenced In Abstentia To 5 Years For Recording of Quranic Verses

In Iran, popular singer-composer Mohsen Namjoo-- described as Iran's Bob Dylan-- has been sentenced in abstentia to five years in prison for dishonoring the Quran. Reports last week by Press TV, AFP and the blog Freemuse give details. An Iranian Quran scholar filed a complaint against Namjoo charging that he had presented "an insulting, sneering performance of Quranic verses with musical instruments." Namjoo, who has now moved to Vienna, says that his private recording made four years ago was released without his authorization. He has apologized for the recording. Namjoo's brother says the family will appeal the jail sentence.

Consent Order Entered In Challenge To City's Speech Ordinance

Earlier this month, a New Jersey federal district court entered a Consent Order (full text) reflecting a settlement in Wollod v. City of Wildwood, New Jersey, (D NJ, July 8, 2009). The lawsuit, brought by a Christian evangelist, challenged ordinances that restrict the distribution of literature in the beach town. (See prior posting.) Under the settlement, the city agreed to amend its ordinances so that individuals (as opposed to larger groups) will not be required to obtain a permit or pay a fee to engage in religious speech or hand out religious literature on public sidewalks, parks and boardwalks in Wildwood. It also agreed to pay plaintiff $15,500 in attorneys fees and costs and specifically stipulated that plaintiff would be permitted to engage in religious speech in public forums. Alliance Defense Fund issued a release on the case last Wednesday.

Recent Prisoner Free Exercise Cases

In Barnes v. Pierce, (5th Cir., July 10, 2009), the U.S. 5th Circuit Court of Appeals rejected an inmate's claims under the 1st and 14th Amendments and RLUIPA that his rights were violated when he was precluded from participating in any religious services while on cell restriction, and otherwise was limited to one primary religious service per week.

In Mecca Allah Shakur v. Sieminski, 2009 U.S. Dist. LEXIS 60796 (D CT, July 16, 2009), a Connecticut federal district court rejected an inmate's claim that his free exercise rights were violated when he was allowed to attend congregate religious services only in "Q-Unit", a step-down unit from administrative segregation, instead of being able to attend them in the prison's main building.

In Price v. Owens, 2009 U.S. Dist. LEXIS 58844 (ND GA, April 28, 2009), a Georgia federal district court held that an inmate's free exercise and RLUIPA challenges to a prison's grooming policy is not subject to the "continuing violation" or "continuing tort" doctrine for purposes of determining whether the statute of limitations has run. The statute runs from the time of the first application of the grooming policy to plaintiff, and not from each haircut. In Price v. Owens, 2009 U.S. Dist. LEXIS 58840 (ND GA, July 8, 2009), the court denied plaintiff's motion for reconsideration of the matter.

In Mayo v. Norris, 2009 U.S. Dist. LEXIS 59531 (ED AR, June 29, 2009), an Arkansas federal magistrate judge recommended that the court dismiss an inmate's claim that assessment of various fees against his inmate trust account violates his free exercise rights. Plaintiff alleged that he is a "Disciple of Jesus Christ," and assessing those fees violates Romans 13:8. He says the practice "is contrary to the doctrine of Jesus, thus hindering me from obeying the doctrine of my Savior to the salvation of my soul."

In Powell v. Smith, 2009 U.S. Dist. LEXIS 58906 (ED CA, June 25, 2009), a California federal district court dismissed an inmate's claim that his free exercise rights were infringed when he was stripped searched in the presence of female corrections officers. Plaintiff asserted that this practice violated his Muslim religious beliefs.

In Rodriguez v. Schwarzenegger, 2009 U.S. Dist. LEXIS 59680 (ED CA, June 24, 2009), a California federal district court allowed plaintiff to move ahead with claims that prison officials
improperly confiscated his personal property (including religious objects) for extended periods of time, unreasonably restricted his access to religious ceremonies, and desecrated the prison's Native American sacred grounds.

Washington State Begins Rulemaking To Head Off Holiday Display Confusion At Capitol

In anticipation of this year's holiday season, the Washington state Department of General Administration last week issued a Pre-proposal Statement of Inquiry and a letter announcing the start of a rule-making process on use of public areas of the Capitol campus. The Tacoma News Tribune on Friday reported that the proposal seeks to avoid last year's confusion which it described:

A handful of displays had been allowed in a third-floor hallway of the Legislative Building, not far from a 30-foot noble fir sponsored by the Association of Washington Business for the holidays. A real estate agent then added a Nativity creche. After that, the Wisconsin-based Freedom from Religion Foundation put up an atheist placard equating religion with myth, two Christian displays were added mocking atheism, and a Jewish group displayed a menorah. Fourteen applications had been filed when the department issued a moratorium on further displays.

Priest's Conviction Upheld Over Challenge To Testimony Regarding Religion

State v. Bussmann, (MN Ct. App., July 14, 2009), was an appeal after a retrial of Catholic priest John Joseph Bussmann on a charge of criminal sexual conduct with a woman he employed as director of youth ministries. In 2007 the Minnesota Supreme Court, in a fragmented decision, concluded that Bussmann's earlier conviction under the clergy criminal sexual conduct statute, based on the admission of extensive evidence concerning religious doctrine and church policies and practices, violated the Establishment Clause. (See prior posting.) Here the Court of Appeals upheld the second conviction, finding:

Unlike the first trial, on retrial there was no testimony regarding Catholic Church doctrine, the power that priests have traditionally had over parishioners, or internal church procedures regarding allegations of abuse. Because the charging statute requires proof of certain elements that directly touch and concern religious practices, it is impossible to prove the charged offense without some religion-related testimony. After reviewing the limited religion-related testimony from Father McDonough, we are satisfied that the district court carefully adhered to the Bussmann I admonitions and admitted only such religion-related testimony as was necessary for the state to prove the charged offense. We conclude that the religion-related testimony did not excessively entangle church doctrine with civil law.

Court Says FLDS Members Cannot Intervene In UEP Trust Litigation

KSL News reports that on Friday, a Utah judge rejected a motion by several leading members of the FLDS Church to intervene in a court case that is seeking to reform the terms of the United Effort Plan Trust-- the trust that holds title to FLDS Church property. In In the Matter of the United Effort Plan Trust, (UT 3d Dist. Ct., July 17, 2009), Judge Denise Lindberg wrote:

potential beneficiaries of charitable trusts have no right to make claims on such trusts. Because the UEP Trust is a charitable trust, the only individuals with legally cognizable interests are the Utah and Arizona Attorneys General (A.G.s) as representatives of the community, and the Court-designated Special Fiduciary.

The court also issued an order requiring the Utah Attorney General to forward certain disputed funds to the court, and scheduled a hearing on the sale of the Berry Knoll Farm property-- land that FLDS says should be a holy temple site. Funds are needed by the Trust to meet accrued debts.

2nd Circuit: Muslim Scholar Gets Chance To Challenge Visa Denial

A Muslim scholar who was prevented from accepting a tenured position at Notre Dame University when his visa was revoked will have his day in court after all. Swiss-based Tariq Ramadan was barred from the U.S. after he disclosed in an interview that he had donated $1,336 to the Association de Secours Palestinien, a group which directed funds to Hamas. In American Academy of Religion v. Napolitano, (2d Cir., July 17, 2009), the U.S. 2nd Circuit Court of Appeals remanded the case so the trial court could decide whether consular officials gave Ramadan a reasonable opportunity to demonstrate that he did not know, and could not reasonably have known, that ASP channeled funds to Hamas. New York Law Journal gives more details on the case. (See prior related posting.)

British Police Can Obtain Accommodation for Pagan Holidays

BBC News reported Thursday that discussions between the recently-formed Pagan Police Association and Britain's Home Office have resulted in arrangements for Pagan police in some areas to schedule their vacation times to coincide with Pagan holidays. They will be able to take off for up to eight days of pagan holidays each year-- such as the summer solstice and Halloween. [Thanks to Scott Mange for the lead.]

Hawaiian Church Sued Over Construction On Former Cemetery Site

AP reports on a lawsuit filed in Hawaii last Wednesday to require Honolulu's Kawaiahao Church and the state Department of Land and Natural Resources to fully comply with state burial laws in a construction project on land that was once a cemetery. The church is building a $17.5 million multipurpose center. The suit was filed by Abigail Kawananakoa after initial construction discovered 69 graves. Among those buried in the cemetery is Queen Kapiolani, an ancestor of the plaintiff in the lawsuit. The church says it followed all state laws in the construction, while the lawsuit alleges that the laws have been circumvented in order to speed up the building project

3rd Circuit: Trial Court Properly Refused To Interfere In State Civil Rights Probe

In Ocean Grove Camp Meeting Association v. Vespa-Papaleo, (3d Cir., July 15, 2009), the U.S. 3rd Circuit Court of Appeals said that the district court correctly applied the Younger abstention doctrine when it refused enjoin two related investigations by the New Jersey Division on Civil Rights. The investigations were undertaken after the Methodist Church's Ocean Grove Camp Meeting Association rejected requests to use its Boardwalk Pavilion for same-sex civil union ceremonies by two lesbian couples. (See prior posting.) Generally Younger prevents federal courts from interfering in pending state judicial or quasi-judicial proceedings when the parties will be able to raise their constitutional objections in the state proceedings. Since the state investigation related only to use of the chapel, the court remanded to the district court the broader request by the Association for a declaratory judgment relating to the use of the remainder of its property. A release by Alliance Defense Fund focuses on that portion of the decision. AP yesterday reported on the case. (See prior related posting.)

US Military Trains Afghan Army To Show Its Muslim Face To Locals

The Wall Street Journal yesterday reported on efforts by the U.S. military in Afghanistan to train the Afghan National Army to use religion to counter propaganda of the Taliban. Taliban fighters ride motorcycles through small villages telling locals that the Afghan army is led by godless Communists who are trying to rid the country of Islam. U.S. Army Capt. James Hill is training Afghan army mullah Lt. Col. Abdul Haq to counter this. He supplies Haq with prayer rugs to hand out in villages, installs loudspeakers so local residents can hear the call to prayer to soldiers on Afghan army bases, and encourages Afghan army personnel to mix with villagers to display their religious beliefs. Haq says: "The only way we can keep people from becoming Taliban is by promoting the Muslim nature of the Afghan National Army." [Thanks to ChristianFighterPilot.com for the lead.]

8th Circuit Upholds School's Literature Distribution Policy

In Roark v. South Iron R-1 School District, (8th Cir., July 16, 2009), the U.S. 8th Circuit Court of Appeals upheld a school district's policy on distribution of "printed material" in schools by outside organizations. The policy requires the organization to obtain advance approval, but approval will be given unless the material is libelous, obscene, or unlawful; advertises products or services; endorses a candidate; promotes alcohol, tobacco, drugs, or other illegal activity; or is likely to cause substantial disruption at the school. Distribution is limited to before and after school and lunch hour, and can take place only in front of the administrative offices or in a corner of the cafeteria.

Under a prior school policy, members of the Gideons were permitted to distribute Bibles in 5th grade classrooms during school hours. In a challenge to the policy, the district court entered a permanent injunction prohibiting any distribution of Bibles to elementary school children on school property during the school day. (See prior posting.) The Court of Appeals upheld the continuation of that injunction. The court then moved to consider whether to uphold the district court's declaratory judgment relating to the new policy. Chief Judge Loken, writing the primary opinion, said:

the Judgment neither enjoined the District from implementing the new policy nor declared that policy unconstitutional. Rather, it cross referenced an amended complaint seeking a declaration “that Defendants’ actions in instituting” the new policy violated the Establishment Clause. The precise import of the declaratory judgment is hopelessly obscure. Given its impact on the operations of a state governmental entity, this ambiguity alone requires reversal.

He then went on to also reject a facial Establishment Clause challenge to the new policy, finding that any major objection to it was obviated by the injunction that, as he read it, precluded the distribution of Bibles even under the new policy. Judge Beam concurring said he believes that the injunction only prohibits the earlier practice of distributing Bibles in classrooms. Judge Kyle concurred, saying that while he believes that the new literature distribution policy was passed for the purpose of promoting Christianity, he could concur because, in his view, "the portion of the court’s opinion discussing the new policy under Lemon is dicta...." Liberty Counsel yesterday issued a press release on the decision, as did Americans United.

Obama Nominates Jacqueline Berrien To Head EEOC

The White House announced yesterday that President Barack Obama has sent to the Senate the nomination of Jacqueline A. Berrien to chair the Equal Employment Opportunity Commission. Berrien currently serves as Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF). The announcement was made just hours before Obama spoke at the NAACP's annual meeting. (New York Times.) According to a White House press release which details her background, Berrien is a graduate of Harvard Law School where she served as General Editor of the Harvard Civil Rights-Civil Liberties Law Review. The EEOC enforces the nation's employment discrimination laws, including laws banning religious discrimination in employment.

State Agency Removes Website Links To "Open and Affirming" Churches

Connecticut's Department of Children and Families has removed from its website links to "open and affirming" churches-- i.e. churches that welcome gays, lesbians and persons who are bisexual and transgender. Yesterday's Hartford Courant reports that the links were removed after the Family Institute of Connecticut (FIC), a group that opposes same-sex marriage, threatened to sue. It claimed that placing the links on the state agency's website violates the Establishment Clause as well as parental rights. FIC also asked the Department to make sure that the organization training social workers on issues faced by GLBT youth does not provide information on "open and affirming" churches in its training sessions.