Suit Against Children Services Officials By Muslim Mother Is Mostly Dismissed

Abdulsalaam v. Franklin County Board of Commissioners, 2009 U.S. Dist. LEXIS 63296 (SD OH, July 23, 2009), involved a suit under 42 USC 1981 and 1983 against state officials and agencies in Ohio by a mother and her three daughters who were separated for a year when the daughters were placed in county child services custody. Social workers in Franklin County, Ohio charged educational neglect and physical abuse. Ultimately a court found those allegations unfounded. Plaintiffs allege that the abuse and neglect charges were fabricated as a result of racial discrimination, and that the girls were discouraged from practicing their Muslim religion while in foster care. In this decision, an Ohio federal district court found no evidence of racial discrimination and held that Section 1981 claims may not be based on religious discrimination. The court dismissed many of plaintiffs' claims, including their free exercise claim under Section 1983, holding:

Plaintiffs fail to cite a single precedent establishing that, even when viewed in the light most favorable to the Plaintiffs, Defendants acts--placement in a Christian foster home, refusal to place them in a Muslim foster home, refusal to provide them with a list of Muslim leader's phone numbers, or falsely reporting in FCCS' administrative file that they did not want to practice Islam--interfered with their right to free exercise. Accordingly, they have waived their free exercise claim by failing to support or develop it.

Plaintiffs were permitted to move ahead with claims under Section 1983 that the social worker interfered with protected rights of familial association and that she retaliated for plaintiff's engaging in protected speech. Plaintiffs were also permitted to proceed with a state law claim of intentional infliction of emotional distress. The social worker was charged with falsifying facts in her administrative file on the children.

Evangelist Tony Alamo Convicted On Mann Act Charges

Yesterday in Texarkana, Arkansas, Christian evangelist Tony Alamo was convicted in federal court on ten charges of violating the Mann Act by taking underage girls across state lines to have sex with them. According to the AP, five women, now age 17 to 33, testified that Alamo "married" them in private ceremonies while they were minors. They also told of trips outside of Arkansas with Alamo for sexual purposes. According to an earlier AP report, Alamo chose not to testify on his own behalf at trial. After the jury's verdict was read yesterday, Alamo was taken to a waiting U.S. Marshall's vehicle. He shouted to reporters: "I'm just another one of the prophets that went to jail for the Gospel." The charges against Alamo were filed after authorities last year raided the Arkansas compound of his Tony Alamo Christian Ministries as part of a child pornography investigation. (See prior posting.)

3rd Circuit Says RLUIPA Zoning Challenge Is Not Ripe

In Congregation Anshei Roosevelt v. Planning and Zoning Board of the Borough of Roosevelt, (3d Cir. July 22, 2009), the U.S. 3rd Circuit Court of Appeals held that a RLUIPA challenge to a zoning board’s decision was not ripe for review. At issue was whether a synagogue located in Roosevelt, New Jersey, whose occupancy was grandfathered under the relevant zoning ordinances, needed to file an application for a zoning variance when it entered an arrangement for a Yeshiva (a Jewish school) to also operate in its building. The court concluded that the Planning and Zoning Board's decision that the synagogue needed to apply for a variance should not be reviewed until an application for a variance was filed and ruled upon, so that a full record would be available.

4th Circuit Says Warden Has Qualified Immunity In Demotion of Rastafarian Officer

Booth v. State of Maryland, (4th Cir., July 21, 2009), involved a Rastafarian who was demoted from his position in a Maryland prison as acting lieutenant. Plaintiff alleged the demotion stemmed from dislike of the fact that he wore his hair in dreadlocks for religious reasons. The U.S. 4th Circuit Court of Appeals affirmed the grant of qualified immunity from damages to the warden who demoted plaintiff, saying that plaintiff "has failed to identify any authority to support his contention that the right to wear one’s hair in conformance with one’s religious beliefs is a clearly established constitutional right."

Saskatchewan Court Says Marriage Commissioner May Not Refuse To Perform Gay Weddings

In Nichols v. M.J., (Sask. Q.B., July 17, 2009), the Queen's Bench for the Canadian province of Saskatchewan upheld a decision of the province's Human Rights Commission that a government marriage commissioner illegally discriminated against a gay man when the commissioner refused to perform a marriage ceremony for him. The marriage commissioner, Orville Nichols (who is a Baptist), asserted religious objections to performing same-sex marriages. The court, however, rejected his claim, saying:

M.J. and other members of the public do not have to depend upon encountering a marriage commissioner who has no moral or religious objection to performing a same sex marriage in order to gain access to an entitlement to be married without discrimination. Regardless of the religious basis of Mr. Nichols’ views, his acting on them in this manner constitutes discrimination in the provision of a public service on the basis of sexual orientation. Any accommodation of Mr. Nichols’ religious views, if the duty to accommodate exists, is not the responsibility of those who seek the services that he is legally empowered to provide. If any accommodation is due to Mr. Nichols for his religious views, it must be accomplished without risking what occurred here – where the complainant sought a service and was expressly denied it on the basis of his sexual orientation....

I am sympathetic to the argument that a public official acting as government is at the same time an individual whose religious views demand respect. However, a public official has a far greater duty to ensure that s/he respects the law and the rule of law. A marriage commissioner is, to the public, a representative of the state. She or he is expected by the public to enforce, observe and honour the laws binding his or her actions. If a marriage commissioner cannot do that, she or he cannot hold that position.

Reporting on the decision, the Regina (SK) Leader-Post says that provincial officials will still move ahead with plans to obtain a Court of Appeal ruling on the constitutionality of a proposed law that would exempt marriage commissioners from performing same-sex marriages if they object to doing so for religious reasons. (See prior related posting.)

Religious Objections To USDA's Animal Tagging Program Rejected

A federal district court yesterday rejected a challenge to the U.S. Department of Agriculture's National Animal Identification System (NAIS). In Farm-To-Consumer Legal Defense Fund v. Vilsack, (D DC, July 23, 2009), plaintiffs claim that "NAIS requires Premises Identification Numbers ('PINs') for each of their farms and radio frequency identification devices ('RFIDs') for each of their cattle, both of which result in the collection of information into a huge national database against their wills and in violation of their religious beliefs." Religious beliefs cited include the belief that individuals (not the government) are "endowed by their Creator with dominion and control over animals on earth." They also contend that accepting "the mark" of NAIS violates their religious mandates. Finally, some of the plaintiffs are Old Order Amish, and NAIS violates their aversion to technology. Its cost may force them to stop religiously-mandated farming.

All but one of the plaintiffs live in Michigan and the lawsuit focused on Michigan's adoption of NAIS as a means of combating tuberculosis in cattle. The court dismissed claims against the U.S. Department of Agriculture because plaintiffs' alleged injuries stemmed from the independent decision of the Michigan Department of Agriculture (MDA) to adopt the program, and not from action by the USDA. It dismissed claims under RFRA and NEPA against the MDA, because neither of those federal statutes apply to states. It dismissed claims that MDA failed to comply with state law on 11th Amendment grounds, and rejected supplemental jurisdiction over three state law claims. AP reported on the decision. (See prior related posting.)

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.