Court Says It Can Apply Neutral Principles To Fiduciary Claim Against Church Trustees

In Askew v. Trustees of the General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, Inc., (ED PA, July 21, 2009), a Pennsylvania federal district court concluded that it could use neutral principles of law to resolve breach of fiduciary duty and unjust enrichment claims brought against church trustees and officers, as well as a claim that Church Articles do not comply with Pennsylvania's non-profit corporation law. It therefore rejected a 1st Amendment challenge to its jurisdiction. The court did dismiss certain other claims, concluding that they needed to be brought derivatively by a formal member who had standing to do so. Describing the Church's continuing factional dispute over leadership, the court said: "Litigation ensued, starting a Dickensian legal saga of which this case is only the most recent skirmish." In this case, plaintiff alleges that the faction now in control after winning earlier litigation have "misappropriated funds, wasted assets, paid themselves salaries and stipends that are contrary to the word and spirit of the Articles and By-Laws, funded private expenditures with Corporation assets, and violated state and federal law."

Nigeria Begins New Push To Tax Unrelated Income of Religious Groups

In Nigeria, government officials met Monday with religious leaders to discuss its new efforts to enforce federal tax laws against religious organizations. While the income of churches and other non-profits is exempt from taxation, the Internal Revenue Service is attempting to tax income from unrelated for-profit businesses owned by churches as well as donations and gifts given to religious leaders. 234Next reported yesterday that a committee will be set up to identify income that should not be taxed.

Utah Court Rejects Settlement In FLDS Trust Reform; Texas Custody Case Ends

In Salt Lake City, Utah on Wednesday, state court Judge Denise Lindberg rejected a settlement proposed last month by Utah's Attorney General in the complicated attempt to reform the FLDS United Effort Plan Trust. The trust holds land that the FLDS Church held and on which its members, many in polygamous relationships, lived. The communal relationship was mandated by FLDS tenets that called for a Holy United Order. In the lawsuit, the state seeks to remove the religious elements of the trust and to provide land both for current FLDS members and for those who have left, or were excommunicated from, the church. According to the Merced (CA) Sun-Star , the court concluded that Utah's proposal "decidedly favors the FLDS church and its adherents to the detriment of other potential trust beneficiaries." In so ruling, the court sided with Arizona's attorney general and special fiduciary Bruce Wisan who had opposed the settlement. (See prior posting.)

Meanwhile, in a separate case, the state of Texas ended state custody of the last of the 439 children who been taken by child welfare officials from the FLDS' Yearning for Zion Ranch in 2008. (See prior posting.) Yesterday's Salt Lake Tribune reports that the girl, now 15, was placed with her aunt, and the girl's mother, Barbara Jessop, was given the right to supervised visits. Allegedly the girl was spiritually married to former FLDS leader Warren Jeffs when she was 12.

Oregon Jury Acquits Faith Healing Parents On All But One Misdemeanor Charge

After a trial lasting nearly four weeks, a jury in Oregon yesterday rejected manslaughter charges against Carl and Raylene Worthington, members of the Followers of Christ, a group that rejects medical treatment in favor of faith healing. AP reports that Raylene was acquitted of all charges, while Carl was convicted only on a misdemeanor charge of criminal mistreatment. He faces up to one year in jail. The Worthington's 15-month old daughter died of pneumonia after her parents merely prayed over her and anointed her with olive oil instead of obtaining medical treatment. The case was the first since Oregon's law was amended 10 years ago to eliminate religious defenses in the child abuse and homicide statutes. Oregon Live has links to the indictment and motions filed in the case, to videos of the verdict being delivered and read and to other background on the case. (See prior related posting.)

Nurse Sues Hospital Claiming She Was Required To Assist In Abortion Procedure

On Tuesday, a nurse at New York City's Mt. Sinai Hospital filed a lawsuit against the hospital claiming that it violated the Church Amendment, 42 U.S.C. § 300a7(c), when it required her to assist in an abortion performed on a woman who was 22-weeks pregnant. The statute protects medical personnel who have religious or moral objections to participating in abortions from discrimination at facilities that receive federal funds. The complaint (full text) in Cenaon-DeCarlo v. Mt. Sinai Hospital, (ED NY, filed 7/21/2009), alleges that despite her known objections to assisting in abortions, while working on-call she was required to assist in an abortion which she claims was not of an emergency nature. Plaintiff also claims that the hospital has threatened to remove her from on-call shifts if she objects in the future to assisting in abortions. The lawsuit seeks an injunction protecting the conscience rights of plaintiffs and other health care personnel, an order requiring the hospital to disgorge a portion of the federal funds it has received, and damages. Plaintiff also seeks a preliminary injunction. (Memo in Support of Motion for Preliminary Injunction). Alliance Defense Fund issued a press release announcing the filing of the case.

5 Rabbis Among 44 Arrested In New Jersey Public Corruption and Money Laundering Probe

In a press release today, the U.S. Department of Justice announced:

The mayors of Hoboken, Secaucus and Ridgefield, the Jersey City deputy mayor and council president, two state assemblymen, numerous other public officials and political figures and five rabbis from New York and New Jersey were among 44 individuals charged today in a two-track federal investigation of public corruption and a high-volume, international money laundering conspiracy.

According to the Newark Star-Ledger, the rabbis arrested were connected to the prosperous and close-knit Syrian Jewish community of Brooklyn (NY) and Deal (NJ). (The Syrian Jewish community was profiled in a 2007 New York Times Magazine article.) Today's press release summarized charges against the rabbis:

Eliahu Ben Haim, of Long Branch, N.J., the principal rabbi of a synagogue in Deal, N.J., charged with money laundering of proceeds derived from criminal activity.

Saul Kassin, of Brooklyn, N.Y., the chief rabbi of a synagogue in Brooklyn, New York, charged with money laundering of proceeds derived from criminal activity.

Edmund Nahum, of Deal, N.J., the principal rabbi of a synagogue in Deal, charged with money laundering of proceeds derived from criminal activity.

Mordchai Fish, of Brooklyn, N.Y., a rabbi at a synagogue in Brooklyn, charged with money laundering of proceeds derived from criminal activity. His brother [Lavel Schwartz], also a rabbi, was charged as well.

It went on to describe the money laundering portion of the charges as follows:

The money laundering conspiracy involved high-ranking religious figures and their associates in Brooklyn, N.Y. and Deal, N.J. Among them was Eliahu Ben Haim, of Long Branch, N.J., the principal rabbi of Congregation Ohel Yaacob in Deal, N.J. Typically ... Haim received bank checks in amounts ranging from tens of thousands of dollars up to $160,000 at a time made payable to a charitable, tax-exempt organization associated with Haim and his synagogue. To complete the money laundering cycle, Haim would return the amount of the check in cash ..., less a cut for Haim, typically 10 percent....

Similar circles of money launderers in Brooklyn and Deal, N.J. operated separately but occasionally co-mingled activities and participants. In most cases, the rings were led by rabbis who used charitable, non-profit entities connected to their synagogues to "wash" money that they understood came from criminal activity like bank fraud, counterfeit goods and other illegal sources.... [T]he rabbis made significant sums in fees, which typically ran between five and ten percent per transaction.

The release emphasized the importance in the investigation of a cooperating witness who infiltrated the money laundering network and later dealt with various public officials who are being charged with bribery. The Wall Street Journal says that the cooperating witness is Orthodox Jewish real estate developer Solomon Dwek who had been arrested on bank-fraud charges in 2006. The FBI began using Mr. Dwek as an informant in mid-2007, wiring him and videotaping his encounters with targets of the investigation.

Court Refuses To Strike Allegation In School Music Lawsuit

As previously reported, a lawsuit against the St. John's County, Florida school district challenges on Establishment Clause grounds certain songs selected by Webster School's music teacher for students to perform. In S.D. v. St. Johns County School District, 2009 U.S. Dist. LEXIS 62013 (MD FL, July 7, 2009), a federal magistrate judge has now denied a motion by the music teacher, also a defendant, to strike from plaintiff's complaint an allegation that she "is a member of the steering committee of an organization called Marketplace Christian Professional Resources, the objective of which is to promote the Christian religion in places of work and in public schools...." The court concluded that the challenged allegation is neither "immaterial" nor "scandalous."

Questions Raised Over Financing Of Rep. Keith Ellison's Hajj Trip

Minnesota Rep. Keith Ellison-- one of Congress' two Muslim members [corrected]-- is the target of critics who have raised concerns about the financing of a pilgrimage (Hajj) he took last year to the Muslim holy city of Mecca. BeliefNet yesterday (carrying an article from the Minneapolis Star-Tribune) reports that the Muslim American Society of Minnesota (MAS) paid for the trip as a way to improve communications between American Muslims and the wider Muslim world. The House Ethics Committee allowed the trip to be reported as one unrelated to Congressional duties. That permitted Ellison to withhold disclosure of amounts involved. The Muslim American Society is connected with the controversial Minneapolis area charter school, the Tarek ibn Ziyad Academy. In 2006 and 2007, MAS received rental payments for the building that housed the Academy. Those payments came from state funds. The House Ethics Committee is now reviewing its decision on how the trip was reported. Meanwhile, according to the Minneapolis Star-Tribune, the Minnesota Republican Party called for an investigation into Ellison's trip.

India's Supreme Court Withdraws Opinion On Catholic School's Grooming Policy

Today's Indian Catholic reports that on July 6, India's Supreme Court withdrew a March 30 ruling (see prior posting) that upheld the right of a Catholic school to enforce its grooming policy. Sixteen year old Muslim student, Mohammed Salim, left the Nirmala Convent Higher Secondary School when it insisted that he comply with its requirement that male students be clean shaven. He lost his lawsuit, but the Supreme Court's opinion drew criticism because of a statement in it by Justice Markandey Katju who said: "We don’t want to have Taliban in the country." Apparently that language is what led to the opinion's withdrawal. The Church says it has not yet received "any official communication from the court."

County Will End Ban On Sunday Sales Despite Some Religious Objections

The Aiken (SC) Standard reports that Aiken County Council voted 7-2 on Tuesday to suspend the county's blue laws that prohibit sale of various items before 1:30 p.m. on Sundays. Final passage is expected on the proposal's third reading next month. Proponents said that schools are losing sales tax dollars as residents shop in neighboring counties in Georgia on Sundays. However some speakers opposed the measure on religious grounds. One urged: "Vote not on the spirit of the age, but on principle. Surely you don't want to go down as the Voltaire who thought during the French Revolution that if the Sabbath was destroyed, it would destroy Christianity. Place your allegiance with the Lord on this one."

Sikh Crime Victims In London Can Now Request Sikh Officer For Case

In Britain, London's Metropolitan Police have responded to cultural misunderstandings in criminal investigations by instituting a new program. Yesterday's BBC News reports that Sikh crime victims will now be able to request that a Sikh police officer be a part of the crime investigation. Palbinder Singh, chairman of the Metropolitan Police Sikh Association, said that in the past, serious crimes where Punjabi culture is an issue have not been properly investigated. The police department has also set up a website through which crimes can be reported so, for example, women who are prevented from making an unsupervised phone call, can report honor-based violence or forced marriage. Officials say that a similar program might be extended to other minority groups in the future, though some believe that a better approach would be greater training in cultural sensitivity for all officers.

Buddhist Candidate For Virginia Legislature Responds To Concerns

Yesterday's Waynesboro (VA) News Virginian reports that the Virginia legislature could have its first practicing Buddhist member next year. Erik Curren, who began practicing Buddhism over a decade ago, is the Democratic candidate for the 2oth District seat in Virginia's House of Delegates. Curren also attends a Methodist Church with his fiancée and her two daughters. Curren was surprised when a local Democratic leader, Augusta County Supervisor Tracy Pyles, complained that Curren had not disclosed his religious beliefs before he was chosen as a candidate. The 20th District, comprised of Staunton, Highland County and parts of Augusta and Rockingham counties, is largely Christian. Curren says that if elected, he will be sworn in on a Bible. In a posting yesterday on his campaign website, Curren said:

[F]or the last decade or more, like millions of Americans, I have practiced meditation. Sometimes I walk and sometimes I sit. But always, taking a break from daily activity helps me think about my life and connect with a deeper truth. With increasing scientific evidence for the benefits of meditation to calm the stress of today’s busy world, it’s no wonder that this simple practice has spread to corporate boardrooms, hospitals, schools, and even churches across the United States.

It is understandable that people are curious about and may even fear things that they do not understand. So it is a service to civil discourse for people of different faiths to share their beliefs and practices in a spirit of mutual respect and tolerance. Recognizing that all major religions teach the same basic ideas –to seek truth, promote love, and care for God’s creation — faith can be a way to bring us all together on a higher plane.

But all too often religion is used by misguided leaders to pull our communities apart and to sow the seeds of discord. This is a misuse of religious faith in my opinion, and I feel compelled to speak out against religious prejudice and bigotry.

So, to those who would court intolerance for political gain, I say: in America, you will lose. In Virginia, you will lose. And in the Shenandoah Valley and Highland County, you will lose.

Anti-Separationist Billboards Placed In Two Florida Counties

In Pinellas and Hillsborough counties in Florida, Christian activist Terry Kemple, head of the Community Issues Council, with financial support from retired businessman Gregg Smith, is sponsoring ten billboards attacking the notion of separation of church and state. The St. Petersburg (FL) Times on Tuesday reported that the billboards feature quotes from historical figures such as John Adams, James Madison and Benjamin Franklin, and others that are apparently inaccurately attributed to George Washington. The quotations stress religious foundations in American history. Kemple explained his motivation: "The fact is, for the last 40 years, as anti-God activists have incrementally removed the recognition of God's place in the establishment of our country, we have gone downhill." American United's blog yesterday carried a strong critique of the billboard project.

PA Supreme Court: Civil Courts Can Hear Defamation Claim Against Catholic School

In Connor v. Archdiocese of Philadelphia, (PA Sup. Ct., July 20, 2009), the Pennsylvania Supreme Court held that civil courts have jurisdiction over a suit growing out of the expulsion of a 7th-grade student from a Catholic parochial school. The student was expelled for allegedly bringing a penknife to school, a fact disputed by his parents. The student's parents sued the school, school officials and the archdiocese alleging that a letter and other communications about about the expulsion sent to the school community constituted defamation and negligent infliction of emotional distress. The lower courts had refused jurisdiction, finding that they could not review an ecclesiastical disciplinary decision or communications about it. The Supreme Court reversed, concluding:

[W]hile appellees explain ... that "[t]he communication of the expulsion provided example of the religious values of the [S]chool to parent and student alike" ..., appellees do not contend that such religious rationale for the Post-expulsion Communications required that the Communications specifically allege that Eric brought a "penknife" or "weapon" to school. Thus, this is not a case in which religious authority would be directly relevant to a party’s showing on the merits of his or her opponent’s claims.... [N]eutral principles can be applied to determine whether the Post-expulsion Communications were defamatory.

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.