Numerous New Prisoner Free Exercise Cases Have Become Available This Week

In Berryman v. Granholm, (6th Cir., Aug. 12, 2009), the U.S. 6th Circuit court of Appeals upheld a Michigan prison's suspension of plaintiff from its kosher meal program (with the ability to reapply after 60 days) after he ordered and signed for non-kosher food. He claimed he had done so for a non-Jewish fellow inmate. Friday's New York Times reported on the decision.

Shariff v. Coombe, 2009 U.S. Dist. LEXIS 69119 (SD NY, Aug. 7, 2009), is a case challenging various prison conditions impairing accessibility of disabled inmates in wheelchairs. Among the claims was one that plaintiffs' free exercise rights were infringed because of difficulties they encountered in using restrooms while attending religious services. The New York federal district court said it doubted that the claim would survive summary judgment, but ordered plaintiffs to brief the issue first.

In Littlejohn v. New York City Department of Corrections, 2009 U.S. Dist. LEXIS 69347 (SD NY, Aug. 7, 2009), a New York federal district court rejected plaintiff's free exercise challenge to restrictions on his attending religious services while in closed custody/ protective custody. It concluded that the detention center's policy allowing inmates in this situation to be visited twice per week by clergy was sufficient.

In Benson v. Corrections Corporation of America, 2009 U.S. Dist. LEXIS 69336 (ND OH, July 14, 2009), an Ohio federal magistrate judge recommended dismissal of claims by a Muslim inmate in federal custody that his free exercise and equal protection rights were infringed. Plaintiff complained that the meals offered Muslim prisoners do not contain Halal meat, but instead are either merely pork-free, or are vegetarian and fish.

In Copeland v. Livingston, 2009 U.S. Dist. LEXIS 69564 (ED TX, June 30, 2009), a Texas federal magistrate judge recommended dismissing as frivolous a lawsuit raising a variety of free exercise and RLUIPA claims by a Muslim prisoner. Among other things, plaintiff complained about disruption of a Muslim service by correctional officers, disciplinary action against him that denied him the right to attend Muslim services, requiring Muslim services to be held in a Christian chapel, the prison's refusal to allow minimum custody and medium custody prisoners to have joint religious services, failure to provide cleaning services for inmates' prayer rugs, and monitoring of Muslim services by recording them.

In Shields v. Skipper, 2009 U.S. Dist. LEXIS 69885 (D OR, Aug. 7, 2009), an Oregon federal district court rejected a claim by a former inmate that his free exercise rights and his rights under RLUIPA were infringed when he was denied access to a Native American religious clergyman.

In Harris v. Schriro, 2009 U.S. Dist. LEXIS 70180 (D AZ, Aug. 11, 2009), an Arizona federal district court dismissed a former inmate's challenge to the Arizona Department of Corrections kosher food policy. The court held that Plaintiff cannot bring individual or official-capacity damage claims under RLUIPA and the claims for injunctive relief are moot. It also rejected plaintiff's free exercise claims under which he sought modification of the kosher diet policy to require serving kosher food in its original package and serving uncut vegetables that have not been touched by prison staff. (See prior related posting.)

In Jacobs v. Strickland, 2009 U.S. Dist. LEXIS 70563 (SD OH, Aug. 11, 2009), an Ohio federal district court accepted a magistrate's recommendations and dismissed an inmate's claim that his rights as a Sunni Muslim had been violated at the former institution in which he had been housed. It held that damages are not available in official capacity RLUIPA suits. It also agreed with the magistrate that defendants had qualified immunity and that there was no allegation of involvement of the defendants in the alleged unlawful conduct. Finally it concluded that plaintiff's claim for an injunction and declaratory relief are moot.

In Vigil v. Jones, 2009 U.S. Dist. LEXIS 70749 (D CO, Aug. 4, 2009), a Colorado federal magistrate judge ordered a pro se plaintiff inmate who had broadly alleged interference with free exercise of his Judaeo-Christianity to file an amended complaint suing the proper parties and alleging specific facts.

In Jordan v. Keim, 2009 U.S. Dist. LEXIS 70881 (SD IL, Aug. 7, 2009), an Illinois federal district court rejected a free exercise and religious discrimination claim by a Hebrew Israelite prisoner. Prison authorities in 2002 denied his request to participate in the Feast of the Unleavened Bread. The prison chaplain erroneously ruled that plaintiff's request to participate was late because the chaplain had the wrong date for the beginning of the festival. The court held that the advance notice rule to apply for special holiday observances was permissible and that that there was no discriminatory intent involved in rejecting plaintiff's application as late.

In Willard v. Hobbs, 2009 U.S. Dist. LEXIS 71244 (ED AR, July 23, 2009), an Arkansas federal magistrate judge recommended rejecting a challenge under the equal protection clause, the free exercise clause and RLUIPA by a Wiccan inmate in maximum security who complained that he was denied sea salt, an altar cloth, a ritual feather, essential oils, a ritual bell, and a special notebook or binder for creating a "Book of Shadows."

In Young v. McNeil, 2009 U.S. Dist. LEXIS 70885 (ND FL, June 11, 2009), a Florida federal magistrate judge recommended rejecting an inmate's free exercise, 8th amendment and equal protection challenges to Florida Department of Corrections' total elimination of its Jewish Dietary Accommodation Program, requiring inmates who observe kosher restrictions to instead choose vegetarian or vegan meals. The opinion concluded that the state had shown legitimate budgetary, logistical and security concerns, as well as concerns over appearing to favor certain classes of inmates. Jewish inmates had alternative meal plans available that lessened the impact on their religious observance. (See prior related posting.)

In Majid v. Fischer, 2009 U.S. Dist. LEXIS 71616 (SD NY, July 31, 2009), a New York federal district court rejected inmates' free exercise, RLUIPA and equal protection claims objecting to the type of meals served to Muslim prisoners and failure to provide separate utensils. The court similarly rejected complaints regarding the closure of a portion of a mosque at New York's Green Haven Correctional Facility.

AP last week reported on a settlement in a case brought by a former Muslim prisoner against federal prison officials in Illinois charging that guards had placed his Quran on a spit-stained floor and had mistreated him when he complained to authorities. Former inmate Hakeem Shaheed, who spent nine years in federal prison, received $48,000 in the settlement.

Principal Chosen For NY Hebrew Language Charter School

The Forward earlier this week carried an interesting profile of Maureen Campbell, the principal of New York City's first Hebrew language charter school. Campbell attended Vassar, spent a semester at Oxford, and then graduated from Columbia University's Teachers College. Yeshiva Rambam School in southern Brooklyn continues to be the center of church-state questions as critics say it is an attempt to promote Jewish identity with public funding. Questions are intensified by the fact that the school is located in a building that also houses a synagogue. Campbell, who grew up in Manhattan’s Harlem area, the child of Jamaican immigrants, however is not Jewish and does not know Hebrew-- though she insists she is going to learn the language. A significant percentage of the school's entering students this year are children either of Israelis or of Russian Jews who live in Brooklyn's Sheepshead Bay and Brighton Beach areas.

EEOC Sues Puerto Rico Hospital Claiming Religious Discrimination

The EEOC announced on Thursday that it has filed a religious discrimination lawsuit against Puerto Rico’s largest medical center, Hospital Auxilio Mutuo. The hospital refused to accommodate a male registered nurse whose Santeria religious beliefs requires him to wear his hair long. EEOC alleges that the hospital suspended the male nurse, even though it allows women nurses to wear their hair in any length.

Hamas Fights Islamist Group In Gaza Over Declaration of "Islamic Emirate"

Jerusalem Post reports that fighting today in the Gaza Strip between Hamas forces and the radical Islamist group Jund Ansar Allah killed 5 and wounded at least 50. The fighting, which began near a mosque in Rafah, was triggered when Islamist leader Abdel-Latif Moussa (also known by his nom de guerre, Abu al-Nour al-Maqdessi) declared "the birth of the Islamic Emirate" in Gaza. Jund Ansar Allah apparently has links to Al Qaida. Islamists seeking to impose shariah law in Gaza are increasingly challenging Hamas, whose goals are more nationalistic than religious. The Hamas's Interior Ministry described Maqdessi as "crazy."

UPDATE: When the fighting between Hamas and Jund Ansar Allah finally came to an end on Saturday, 24 people had been killed according to Haaretz. Among the dead was Jund Ansar Allah leader Abdel-Latif Moussa whose explosive vest went off killing him and a Hamas negotiator during a stand off at Moussa's home. Also killed in the fighting was Hamas official, Abu Jibril Shimali, whom Israel said was responsible for the high-profile capture three years ago of Gilad Shalit, who is still being held by Hamas.

Court Dismisses Civil Rights Claim Against Mormon Church By FLDS Member

In Cooke v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2009 U.S. Dist. LEXIS 70192 (D AZ, Aug. 11, 2009), a member of the FLDS Church filed a federal civil rights action against the mainstream Church of Jesus Christ of Latter Day Saints claiming that it acted in collusion with the states of Arizona and Utah to engage in religious persecution of the FLDS Church. Plaintiff's amended complaint alleges in part that "[t]he Mormon Church has used the state of Utah [to conduct a] religious war against Warren Jeffs and his people," has "launched a successful media campaign to label us child abusers and polygamists," and "labled [sic] Warren Jeffs a terrorist [and] taken away our homes and our property."

While rejecting a res judicata defense, the Arizona federal district court dismissed plaintiff's complaint for failure to state a claim under 42 USC Sec. 1983. It found that, under the Iqbal standard, plaintiff has not plausibly alleged facts showing that the Latter Day Saints church was involved with state officials in a way that made it a state actor. However, the court indicated that plaintiff could still file an amended complaint to cure his pleading deficiencies.

British Borough Council Warns of Health Dangers In Purported Muslim Holy Water

In Britain, the London borough of Wandsworth's Council on Wednesday issued a public health alert warning Muslims of imitation holy water containing potentially lethal concentrations of arsenic. Sellers in the area claim that the bottled water comes from the holy Well of Zam Zam in Mecca. However Saudi Arabia has banned the commercial export of Zam Zam water. Yesterday's Wandsworth Guardian reported that tests showed the water, being sold in the Tooting area of London, contains twice the permissible level of arsenic and three times the permitted level of nitrates. This can be particularly harmful for children and pregnant women.

Court Rejects Challenge To Recitation of Pledge By Judge

Missouri's attorney general, Chris Koster, released a statement on July 30 praising a decision by the St. Francois County (MO) Circuit Court to dismiss a lawsuit challenging another judge's practice of opening his courtroom session with the recitation of the Pledge of Allegiance. The lawsuit unsuccessfully alleged that the practice of Washington County (MO) Judge Kenneth Pratte, inviting those in the courtroom to remain standing for the Pledge, violates the Establishment Clause as well as free speech rights.

Muslim Group Sues Portland, Maine Over Zoning Restrictions

The Maine Civil Liberties Union announced yesterday that it has filed suit on behalf of the Portland Masjid and Islamic Center, challenging the city of Portland's zoning determination that a group of Afghani Muslims may not use a former television repair shop they purchased as a site for prayer services and religious study. The MCLU says that the Religious Land Use and Institutionalized Persons Act trumps the city's zoning restrictions, pointing out that there are already eight churches within one mile of the Islamic Center's property-- none of which had to meet the heightened zoning requirements now being applied.

UPDATE: WCSH6 News reported on Aug. 17 that the city and the Islamic Center have reached an agreement that the former TV repair shop can be used for religious purposes while the lawsuit moves forward. The agreement comes in time for the start of Ramadan on Friday. Talks will continue between the two parties over possible zoning law changes.

Italian Court Bars School Favoritism For Courses In Catholicism

In Italy, an Administrative Tribunal in the district of Lazio (which includes Rome) has ruled that schools may no longer give credit for students who study Catholicism during public school "religion hours,"since schools deny academic credit to students who study other religions. JTA reported yesterday that the ruling came in a lawsuit filed by 24 secular and non-Catholic religious groups. Church leaders and some politicians have sharply criticized the court's ruling. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Jehovah's Witnesses Lose Challenge To Puerto Rico Controlled Access Laws

In Watchtower Bible Tract Society of New York, Inc. v. Sanchez-Ramos, 2009 U.S. Dist. LEXIS 69837 (D PR, Aug. 10, 2009), a federal district court in Puerto Rico rejected an "as applied" constitutional challenge by Jehovah's Witnesses to a Puerto Rico law that permits neighborhoods to close off access to streets by using walls and gates. Controlled access communities often exclude Jehovah's Witnesses who wish to proselytize door-to-door. The court rejected plaintiffs' speech, press and free exercise of religion challenges, finding that the Controlled Access Laws are content neutral and narrowly tailored to further an important governmental interest in preventing crime. The laws also leave open other channels of communication, such as mail, e-mail, telephone and television. The court also rejected plaintiffs' freedom of association, unreasonable search and seizure, right to travel and due process claims. (See prior related posting.)

South African Broadcast Commission Rejects Complaint Against Radio Islam

On Tuesday, South Africa's Broadcasting Complaints Commission dismissed a complaint against Radio Islam that had been filed by a member of the Jewish community. In I and Apolakow v. Radio Islam, (BCCSA, Aug. 11, 2009), the Commission held that broadcasts which, among other things, said that Jews could not be trusted and that Zionists control the Western media, had not overstepped the bounds of bona fide religious speech. The Commission said: "Ultimately, to decide otherwise, would amount to a rejection of the inherent and often vehement differences among religions and other similar viewpoints and expressions of opinion as protected by section 15 of the Constitution." BCCSA also published a summary of its decision, and South Africa's Star reported on it yesterday.

Tulsa Mayoral Candidate Wants Creationism Exhibit Added To Zoo

Anna Falling, one of eleven candidates running in the Republican primary for mayor of Tulsa, Oklahoma, says that her top priority is placing a Christian creationism display in the Tulsa zoo. Asked about problems of crime, budget concerns and street repairs, she said: "If we can’t come to the foundation of faith in this community, those other answers will never come. We need to first of all recognize the fact that God needs to be honored in this city." Tuesday's Tulsa World also quotes Falling as saying that the next mayor needs to appoint people to city boards, authorities and commissions who will "honor God." Buzzflash has a more extensive posting on Falling's views.

Study Finds Less Press Coverage of Obama's Faith-Based Initiative

The Pew Forum yesterday released a study comparing newspaper coverage of President George W. Bush's Faith-Based Initiative with coverage of President Barack Obama's Faith-Based and Neighborhood Partnerships program during the first 6 months of each administration. The study finds that Bush's program received seven times more press coverage than Obama's. Also coverage of President Obama's program has been much less contentious, in part because of a different political climate and other issues commanding attention of the public.

President Awards Medal of Freedom To 16 Amidst Some Controversy Over One Awardee

At a White House ceremony yesterday, Barack Obama awarded the Presidential Medal of Freedom to 16 recipients. (Full text of President's remarks). Among the recipients were Archbishop Desmond Tutu and Rev. Joseph Lowery. The decision to include Mary Robinson, former President of Ireland and former U.N. High Commissioner for Human Rights, as a recipient has drawn criticism from a number of Jewish groups. As reported by the Washington Post yesterday, critics focused particularly on her role as chair of the United Nations 2001 World Conference Against Racism in Durban, South Africa. She failed to keep the conference from becoming a forum for promoting anti-Semitic and anti-Israel bias. The White House, though, insisted it is honoring Robinson for her advocacy of women's rights and equal rights. A JTA op-ed does a good job of explaining the objections of those who oppose the award to her. However there have been some Jewish defenders of Robinson's record. (JTA).

Michigan City Rejects Anti-Discrimination Ordinance; Alaska City Passes Ban

The Jackson, Michigan City Council on Tuesday defeated by a vote of 5-2 a proposed anti-discrimination ordinance. The proposed law would have banned discrimination on the basis of "race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family responsibilities or status, educational association, sexual orientation, gender identity, gender expression or HIV status." Yesterday's Jackson Citizen-Patriot reports that opposition centered around the sexual orientation language and concern over potential of lawsuits and added costs for business owners and employers. The proposal had been brought forward by Jackson's Human Relations Commission. An attempt ten years ago to pass similar legislation also failed.

Meanwhile, in Anchorage, Alaska, the Anchorage Assembly Tuesday night, by a vote of 7-4, approved an anti-discrimination ordinance that bans discrimination in employment, credit, public accommodations and housing based on sexual orientation or gender identity. However it contains exemptions for religious organizations. The Fairbanks News-Miner reports that Mayor Dan Sullivan has not decided whether he will veto the measure.

Vermont Town Rejects Proposed Policy On Religion In Schools

In the village of Benson, Vermont, the school board on Tuesday unanimously rejected a proposed policy on religious expression in the schools. The policy was drafted by a task force made up of teachers, administrators, parents and community members after a principal last year removed from walls students' artwork showing holiday symbols. Yesterday's Rutland (VT) Herald reported that the new policy would have banned religious celebrations in the schools, but would have permitted curriculum-related discussions of religion and the use of religious images in activities such as student art projects. One resident said the proposed policy was too complicated, calling it a document "written for attorneys by attorneys." Controversy over religious symbols and celebrations in school has bitterly divided the town.

French Swimming Pool Bars Muslim Woman Wearing Full-Body "Burquini"

In France, a public swimming pool in Paris has refused to allow a young Muslim woman to swim wearing a "burquini"-- a wet suit and hood designed for women who want to swim without revealing their body. The suits are becoming increasingly popular in the West. The AP and today's Kuwait Times both report that pool staff told the woman-- a French convert to Islam-- that hygiene rules prohibit swimming while clothed. The incident comes as members of France's Parliament hold hearings on whether to ban wearing of burqas in public. (See prior posting.) The woman involved in the incident says she will go to court to challenge the pool's decision as discriminatory. She attempted to file a complaint with local police, but they refused to accept it saying it was groundless. [Thanks to Scott Mange for the lead.]

India Added To USCIRF's Watch List

The U.S. Commission on International Religious Freedom yesterday added India to the 11 countries already on its "watch list," a notch below the 13 designated as "countries of particular concern. (See prior posting.) The move came as USCIRF released its country report on India-- added as a chapter to its 2009 annual report. In a press release announcing its action, USCIRF said that the new concern about India stems from "the disturbing increase in communal violence against religious minorities– specifically Christians in Orissa in 2008 and Muslims in Gujarat in 2002 – and the largely inadequate response from the Indian government to protect the rights of religious minorities." A planned visit by USCIRF members to India never materialized as India delayed approving visas for those scheduled to go. (See prior posting.)

Profile of WallBuilders Head Who Is On Texas Education Review Panel

AlterNet yesterday carried a long profile of WallBuilders founder David Barton, who in June was appointed a member of a Texas State Board of Education Panel charged with reviewing the state's social studies curriculum. (See prior posting.) Here are some excerpts from the AlterNet piece:

From his base in Aledo, a town of about 2,000 just west of Fort Worth, Barton runs an outfit called WallBuilders that issues a steady stream of books, videos, DVDs, pamphlets and other materials designed to "prove" that the United States was founded to be a Christian nation. Barton argues that American law should be based on the Bible (or, more accurately, his fundamentalist interpretation of the Bible) and says church-state separation was never intended by our Founders....

Despite his thin academic credentials, Barton has managed to become a celebrity in the world of the Religious Right based on his research allegedly "proving" America’s Christian character.... Barton gives hundreds of lectures every year, rallying fundamentalist shock troops to oppose secular government and church-state separation.

Florida Court Gives 17-Year Old Protective Custody After Her Conversion To Christianity

In Orlando, Florida on Monday a judge ordered a 17-year old Rifqa Bary into emergency custody of the state's Department of Children and Families. The girl fled her Muslim family in Ohio saying she was afraid her father would hurt or kill her or send her back to their native Sri Lanka because she had converted to Christianity. Yesterday's Orlando Sentinel reports that the girl sought refuge with Florida pastor Blake Lorenz and his wife Beverly who she met through an online prayer group. According to WBNS-TV News , an attorney representing the girl's mother said the parents were allowing their daughter to explore her Christianity. The parents say that Rifqa was not afraid of her family until she made contact with Orlando Pastor Blake Lorenz.

UPDATE: YouTube has a 6 minute video of Rifqa Bary emotionally explaining her fear of returning to her parents' home. [Thanks to PewSitter for the lead.]