Wisconsin Supreme Court: Ministerial Exception Applies To Catholic School Teacher

In Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Sup. Ct., July 21, 2009), in a 4-3 decision, the Supreme Court of Wisconsin applied the "ministerial exception" to hold that Wendy Ostland, a first grade teacher in a Catholic school, was constitutionally precluded from bringing an age discrimination claim under the Wisconsin Fair Employment Act. The majority said:

We conclude that both the Free Exercise Clause of the First Amendment ... and the Freedom of Conscience Clauses in Article I, Section 18 of the Wisconsin Constitution preclude employment discrimination claims ... for employees whose positions are important and closely linked to the religious mission of a religious organization.... Ostlund's school was committed to a religious mission——the inculcation of the Catholic faith and worldview—— and Ostlund's position was important and closely linked to that mission. Therefore, Ostlund's age discrimination claim underthe WFEA unconstitutionally impinges upon her employer's right to religious freedom.

Justice Crooks dissenting opinion argued:

the majority's conclusion that based on the facts here CCS infuses its secular subjects with religion effectively extends a free pass to religious schools to discriminate against their lay employees....

Yesterday's Chicago Tribune reports on the decision.

ACLU Has Taxpayer Standing To Challenge Charter School As Promoting Islam

In American Civil Liberties Union of Minnesota v. Tarek ibn Ziyad Academy, (D MN, July 21, 2009), a Minnesota federal district court held that plaintiff has taxpayer standing to challenge as an Establishment Clause violation the funding of a charter school by the state of Minnesota. Plaintiff alleges that the Tarek ibn Ziyad Academy advances the Muslim religion and fosters entanglement between government and religion. The court rejected defendants' argument that under the U.S. Supreme Court's Hein decision, funding of the school was a discretionary executive branch decision, not a legislative appropriation. It said: "The fact that the Commissioner [of Education] has the responsibility to choose or authorize charter schools (which then in turn receive funding) does not mean that Plaintiff here is challenging an executive action." The court did, however, dismiss plaintiff's claim of statutory violations and dismissed claims against certain of the defendants on sovereign immunity grounds. ACLU yesterday issued a press release on the decision and the Minneapolis Star-Tribune reported on the case. (See prior related posting.)

Kentucky County Removes 10 Commandments After Lawsuit Is Filed

WYMT-TV reported yesterday that in response to a lawsuit filed earlier this month, Jackson County, Kentucky officials have taken down the nine copies of the Ten Commandments that had been on the walls of the county court house. (See prior posting.) Judge executive William O. Smith said that they did not want to jeopardize taxpayer funds. The plaques will go to local businesses who will display them so people in the county can still see them. Jim Muncy, who put up the displays ten years ago and who now took them down, said emotionally: "All the laws of our state were based on the Ten Commandments. It's not that it's a religious statement, it's a statement of law and order."

Kenya Says Muslim Girls Can Wear Hijab To School

In Kenya, Education Permanent Secretary Prof. Karega Mutahi last week issued a circular to school principals and education officials confirming that Muslim girls are free to wear the hijab (head covering) to school. Spero News reported yesterday that the action came after some 20 public schools had suspended Muslim students for wearing the hijab.

Non-Muslims Find British Shariah Courts Attractive

The London Times reported yesterday that increasing numbers of non-Muslims in Britain are turning to Shariah arbitration tribunals in commercial disputes and other civil matters. The Muslim Arbitration Tribunal said that 5% of its cases (20 cases so far this year) involved non-Muslims who were attracted by the less formal nature of the arbitration process. The Muslim Arbitration Tribunal hopes to set up Shariah courts in ten new British cities this year, and hopes to act as an advisory body to other Islamic courts in Britain in order to create a consensus on procedure and rulings. [Thanks to PewSitter for the lead.]

Russian Schools Will Begin Courses On Religions and Ethics

Russian schools in 18 regions (about 20%) of the country next year will begin a pilot program to teach about religion and ethics. Yesterday's Fresno Bee reported that Russian President Dmitry Medvedev has announced a program under which schools will offer several choices: a course in one of the four traditional religions (Russian Orthodoxy, Islam, Buddhism or Judaism), a course presenting an overview of all four faiths, or a course in secular ethics. This approach was designed to ease concerns about mandatory classes in Orthodoxy that were introduced in a few regions three years ago.

Laotian Village Chief Tells Christian Families To Renounce Their Beliefs

The Christian Post yesterday reported on an incident in a small village in Laos that has been publicized internationally by Human Rights Watch for Lao Religious Freedom. According to the report:

The chief of Katin village, along with village security, social and religious affairs officials, warned all 53 Christian residents that they should revert to worshiping local spirits in accordance with Lao tradition or risk losing all village rights and privileges – including their livestock and homes... The previous Sunday (July 5), officials and residents confiscated one pig each from nine Christian families and slaughtered the animals in an effort to force them to renounce their faith....

The article chronicles a long history in this particular village of actions against Christian families living there.

Senate Passes Resolution Condemning Anti-Semitism

Yesterday the U.S. Senate passed by unanimous consent S. Con. Res. 11 condemning all forms of anti-Semitism and reaffirming the support of Congress for the Special Envoy to Monitor and Combat Anti-Semitism. The Resolution now goes to the House of Representatives. The resolution, among other things "rejects attempts to rationalize anti-Jewish hatred or attacks as a justifiable expression of disaffection or frustration over political events in the Middle East or elsewhere."

Protests Continue Over LDS Regulation Of Plaza In Salt Lake City

The Salt Lake Tribune this month has carried a series of articles (1, 2, 3) on the latest controversy over how the LDS Church administers Main Street Plaza, an area in downtown Salt Lake City that the Church purchased from the city in transactions beginning in 1999. Originally the city kept an easement, but after controversies over LDS regulation of expression on the Plaza, the city's right of way was sold to the Church. (Background.) The latest incident (full text of police report) arose in early July when LDS security guards asked a gay couple to stop their inappropriate behavior after the couple kissed. An argument ensued, and eventually the couple was cited for trespassing by the Salt Lake Police Department. This past Sunday, some 200 couples staged a "kiss-in" on Church property to protest the treatment of the gay couple. This was the second such protest. America Forever, an anti-gay group, was there with counter protest signs, and some 20 minutes of shouting between the groups ensued.

Opponents of Hate Crimes Bill Add Amendments That Make It More Contentious

Yesterday the U.S. Senate passed four amendments to the Matthew Shepard Hate Crimes Enforcement Act that it adopted last week as part of the Defense Authorization Act. (See prior posting). Three of the amendments (full text) were introduced by Sen. Jeff Sessions and, according to the Advocate, are seen by the Human Rights Campaign as "poison pills" designed to defeat the entire hate crimes bill. The Hill also reports on the amendments which were described by HRC Back Story as follows:

The first Sessions Amendment would allow the death penalty to be applied in hate crimes cases under some circumstances. This Amendment is unnecessary and is a poison pill designed to kill the bill. The Amendment is being offered by and supported by Senators who oppose the Matthew Shepard Act. It’s ironic that the very Senators who have falsely argued that this bill would put clergy in jail because of their beliefs think that those same clergy should be subject to the death penalty.

The second Sessions Amendment would place an additional burden on the Justice Department to revise its long established guidelines for hate crimes cases. This Amendment is unnecessary. The Department already contains well-established, clear and precise guidelines to govern cases involving bias-motivated violence that work well.

Finally, the third Sessions Amendment would provide additional penalties for crimes involving service members or their families. This Amendment is unnecessary. Existing statutes already provide special penalties on attacks against members of the Armed Services and veterans. In addition, the vague language of the Amendment is problematic. The Amendment provides for additional penalties for injuring the property of a serviceman or immediate family member. The scope of "family member" or what constitutes an "injury" to their property is unclear.

In response to the addition of the death penalty language, the Senate then passed a Democratic-sponsored amendment that would limit hate crime prosecutions until a state's attorney general has created standards for applying capital punishment. The death penalty amendment, offered by Sen. Sessions, was approved by unanimous consent despite a letter (full text) from 50 civil rights and religious groups opposing the amendment.

Meanwhile, according to yesterday's Washington Blade, the ACLU has issued a statement pressing for the House, rather than the Senate, version of the hate crimes bill. The House bill, H.R. 1913, was passed by the House in April. (See prior posting.) Concerned about freedom of speech and association, the ACLU favors language in the House bill that prohibits introducing substantive evidence of expression or association at trial unless it specifically relates to the offense charged. The House language though would not change evidentiary rules on the impeachment of witnesses. Chris Anders, ACLU senior legislative counsel, said that "an otherwise unremarkable violent crime" should not become a federal offense because the defendant viewed the wrong web site, belonged to a group espousing bigotry or subscribed to a magazine that promotes discriminatory views.

Project Will Rate Muslim Countries On Adherence To Shariah

UAE's The National today reports on the Cordoba Initiative. Led by New York-based Imam Feisal Abdul Rauf, its goal is to create a "Shariah Index" that will rate majority-Muslim countries on how closely they adhere to the principles of Islam. Rauf says: "What are the principles that make a state Islamic? We can say among them is justice, protection of religion and minorities and elimination of poverty, and so on." Among those funding the project, designed to improve relations between Muslim countries and the West, is the Malaysian government.

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.