National Groups Want Bush Administration's RFRA Memo Withdrawn

Yesterday 58 national civil rights and religious groups sent a letter (full text) to U.S. Attorney General Eric Holder seeking a change in an interpretation of the Religious Freedom Restoration Act issued by the Bush administration in 2007. In the 2007 memo, the Justice Department's Office of Legal Counsel concluded that RFRA trumps the religious anti-discrimination provisions of the Juvenile Justice and Delinquency Prevention Act, allowing a Christian youth program to receive a federal grant even though the organization hires only Christian staff. (See prior posting.) The letter to Attorney General Holder reads in part:

The OLC Memo wrongly asserts that RFRA is “reasonably construed” to require that a federal agency categorically exempt a religious organization from an explicit federal nondiscrimination provision tied to a grant program. Although the OLC Memo’s conclusion is focused on one Justice Department program, its overly-broad and questionable interpretation of RFRA has been cited by other Federal agencies and extended to other programs and grants. The guidance in the OLC Memo is not justified under applicable legal standards and threatens to tilt policy toward an unwarranted end that would damage civil rights and religious liberty....

We accordingly request that the Obama Administration publicly announce its intention to review the OLC Memo, and that at the end of that review, withdraw the OLC Memo and expressly disavow its erroneous interpretation of RFRA....

The Anti Defamation League (one of the signatories) issued a press release calling attention to the letter. [Thanks to Michael Lieberman for the lead.]

Court Says Congregation Cannot Disaffiliate From National Church Body

In Classis of Central California v. Miraloma Community Church, (CA Ct. App., Sept. 15, 2009), a California Court of Appeals held that a local congregation of the Reformed Church in America lacked authority to amend its governing documents to disaffiliate from the national church in order to avoid a takeover by its hierarchical governing body, the classis. Under church rules, the classis could appoint an administrative body to supersede the congregation's trustees if the congregation's membership declined significantly. The congregation's bylaws included a provision that that its articles could not be amended in any manner-- including to disaffiliate-- without prior written consent of the classis.

Today Is Constitution Day, As Contempt Trial In School Prayer Case Begins

Today is Constitution Day, marking the 222nd anniversary of the signing of the 1787 Constitution. Liberty Counsel is circulating a press release noting that the criminal contempt trial of the principal and athletic coach of Pace High School in Santa Rosa County, Florida, begins today. They are charged with ignoring a court injunction against faculty-led prayer. (See prior posting.) Liberty Counsel's founder, Matthew Staver, commented: "What a sad state of affairs, when on the day we celebrate the oldest and most enduring Constitution in the world, that honorable public servants are tried as criminals for praying over a meal." Some 61 members of Congress, many from the Congressional Prayer Caucus, sent a letter (full text) to the defendants in the case saying that the country's founders would be astonished that someone would be charged criminally for engaging in prayer. Americans United commenting on the case last month had a different take, arguing that school officials "should be teaching their students to respect the law and the Constitution, not to ignore it when they don’t agree."

City Council Acts To Keep Invocations Non-Sectarian

Yet another city council has reacted to a letter from the Freedom from Religion Foundation objecting to sectarian invocations. With almost no discussion, the Tracy, California City Council voted Tuesday to take steps to assure that invocations are non-sectarian. The Tracy (CA) Press reports that Council will send out a letter to those who sign up to deliver prayers telling them to keep their prayer non-sectarian. Council also will write to several dozen religious groups, including three that are non-Christian, inviting them to participate in delivering invocations.

Florida Church's Lawsuit Challenges Zoning Denial

Yesterday's Jacksonville (FL) News reports that the predominantly African-American First Baptist Church of Mandarin has filed a federal lawsuit-- apparently under RLUIPA-- against St. Johns County, Florida challenging the county's denial of its zoning application to build a sanctuary, ancillary buildings and a commercial retail area to support its mentoring program, the Jesus Christ Institute. Neighbors said the 249,000 square foot project is too large for the proposed site on a two-lane rural road. The church's lawsuit alleges that the zoning decision was based on religious prejudice, burdening its religious practice through unequal and discriminatory treatment.

Do Government Economic Incentives Trigger Church-State Limits For Grocery?

In St. Louis (MO), some are arguing that a new downtown grocery store, Culinaria (owned by the Schunck's grocery chain), should be subject to church-state separation requirements because more than half of its funding came from government sources. Funding sources included tax credits and a leasing arrangement which results in the Missouri Development Finance Board owning the building in which the store is located. Yesterday's St. Louis Post-Dispatch reports that the issue arose because of a decision by Culinaria's Catholic manager to display a crucifix on a wall behind the customer service counter, opposite the store's checkout registers. Manager Tom Collora says the crucifix "is not meant to promote one faith over another. It's just an opportunity to share a part of myself and my life with people I work hard to serve every day."

Dutch Supreme Court Says Football Chant Violated Ban on Insulting of Religious Group

The Netherlands Supreme Court on Tuesday upheld a lower court's conviction and sentence of a football fan under Section 137c of the Dutch Penal Code that prohibits "insulting of a group of people because of their ... their religion or belief..." The conviction grew out of an odd football tradition in the country (explained by Counter Jihad). Before World War II, the Amsterdam team Ajax had many Jewish supporters from Amsterdam's large Jewish community. Supporters of other teams referred to Ajax fans as Jews as a term of abuse. After the Holocaust and World War II, Ajax supporters adopted the term Jews as a "badge of honor" and often used the Israeli flag as a symbol of support. However this led to the phenomenon of fans from opposing teams waving the Palestinian flag in opposition and engaging in anti-Jewish chants.

The chants are now banned in stadiums, but it was one of those chants by a fan in the street nearby that led to the conviction upheld this week. A supporter of the Hague football club ADO was arrested in 2006 for chanting: "Hamas, Hamas, Jews to the gas." The Supreme Court upheld his sentence of 80 hours of community service and two years' probation. According to Dutch News, the court rejected his defense that the chant was merely a way to provoke Ajax fans, and was not intended to be anti-Semitic.

Treatment Of Muslims By French Army Criticized

World Bulletin yesterday reported that the France's Defense Ministry is exerting additional control over Muslim officers in the French army by arranging their travel this year for the Hajj. The Ministry will provide a plane to fly them to Saudi Arabia and will organize their stay. In another attempt to influence Muslims in the military, last year the French army sent two of its imams to a government-sponsored class on citizenship and secular values. Another six imams will attend the course this year. Some French Muslim leaders have criticized this as an inappropriate attempt by the state to train imams. At the same time, Muslims in the Army have complained that no accommodation was made for their meals during Ramadan this year.

Teacher Awarded Qualified Immunity In Suit For Remark Against Creationism

A long-running lawsuit in which a California high school student and his parents sued history teacher James Corbett for making remarks hostile to religion has finally come to a close. In May, the court found that one of the teacher's comments-- calling Creationism "superstitious nonsense"-- violated the Establishment Clause. (See prior posting.) Then in July, the court held that plaintiffs were not entitled to declaratory or injunctive relief. (See prior posting.) Now, in C.F. v. Capistrano Unified School District, (CD CA, Sept. 15, 2009), a federal district court dismissed the remaining claim for nominal damages after finding that the teacher was entitled to qualified immunity. The court wrote in part:

Public officials must be able to do their jobs without fear that every misstep, however slight, will subject them to liability and the paralysis which goes with such a fear. Thus, the doctrine of qualified immunity looks to whether there was a clearly established right in issue.... The law as it existed in the fall of 2007 did not make clear that a single statement in an area of the law which lacks precision could violate the Constitution. The decision here on the merits advances the clarity of Farnan’s right to be free of anti-religious comments, but the extent of the advance and the results of future applications of the doctrine of qualified immunity in this area are for another day and another court.

The court's disposition of the case also bars future claims by plaintiff for attorneys' fees and costs. The OC Register reported on the decision and indicated that plaintiffs plan an appeal to the 9th Circuit.

Israeli Student's Legalistic Protest of Hametz Law Fails

YNet News yesterday reported on the results of the trial in Israel growing out of an incident earlier this year that attracted significant attention. Yeshiva student Aryeh Yerushalmi protested an Israeli court's interpretation of the law that prohibits the public display of leavened products for sale or consumption during Passover. He entered a Tel Aviv grocery store, went to the bread section, and stripped, claiming that if a grocery is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. (See prior posting.) The Rishon Lezion Magistrates' Court apparently does not agree. While this week it acquitted him of indecent assault, it convicted him of indecent conduct in a public place. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Missouri Court Says Negligence Is Enough In Sex Abuse Case Against Church

Yesterday's Missourian reports that in a lawsuit against a St. Joseph Missouri Methodist church, a state trial court has held for the first time under Missouri law that a church can be sued for negligence in a clergy sexual abuse case. Earlier Missouri cases had required plaintiffs to show that a church actually knew the abuser was going to harm children and failed to take actions to prevent it, in order to recover against the church.

Cuba Will Now Permit Group Christian Services Inside Prisons

AP reported yesterday that Cuba's Communist government has relaxed tensions with religious groups by extending opportunities for prison inmates to worship. Authorities have agreed they will allow inmates to attend Roman Catholic Mass and Protestant services inside prisons. Previously inmates could only pray personally, and could meet individually with religious advisers. Now the group services will be able to make use of hymnals, Bibles and crosses. Authorities are considering as a next step extending the new rules to Jewish and Santeria inmates. [Thanks to Scott Mange for the lead.]

New Poll Compares Conservative and Progressive Religious Activists

Public Religion Research yesterday released a 40-page report titled Faithful, Engaged, and Divergent: A Comparative Portrait of Conservative and Progressive Religious Activists in the 2008 Election and Beyond. Religion Dispatches accurately describes the study (based on extensive polling) as revealing few surprises. For example, the study concludes:

In terms of future public engagement, both conservative and progressive activists strongly emphasized the importance of being publicly visible and politically active. Conservative activists were more likely to emphasize the importance of prayer, whereas progressive activists were more likely to emphasize the importance of civility, pluralism, and social justice.

Christian Citizenship Applicant Protests Vaccination Requirement

Yesterday's Christian Post reports on Simone Davis, a 17-year old British citizen, who has been living with her grandmother in Florida since 2000. Now she is attempting to obtain U.S. citizenship, but objects on religious and moral grounds to the requirement that applicants for permanent residence show they have received a list of vaccinations, including Gardasil that protects against cervical cancer from sexually transmitted viruses. Simone and her grandmother (who teaches at a Christian school) applied for a waiver of the requirement, but were refused. Simone says that her Christian beliefs prohibit premarital sex, so she does not need the vaccine. Simone's grandmother says they cannot afford to appeal the waiver denial. Simone has been accepted to Pensacola Christian College in Florida for next year, but cannot attend unless she is a U.S. citizen.

City's Settlement of RLUIPA Lawsuit Leaves Challenged Ordinance In Effect

The city of Bellmead, Texas (under prodding from a federal judge as trial approached) is close to settling a RLUIPA lawsuit brought against it by the Church of the Open Door which was refused zoning permission to move its halfway house for released prisoners into a former nursing home building it had purchased. According to yesterday's Waco (TX) Tribune-Herald, a month after the church bought the former nursing home property for its House Where Jesus Shines ministry, the city passed a zoning law prohibiting halfway-house facilities within 1000 feet of any residence, school or public park. Under the settlement, which still has to be formally approved by City Council, the city will pay the Church damages of $550,000, but the zoning law will remain into effect and the Church will need to find a different location if it still wants to expand its operations. $250,000 of the settlement will be paid by the city's insurer. The city said its main concern is that the ordinance remain in effect.

EEOC Sues On Behalf of Jehovah's Witness Fired For Refusing Halloween Participation

Yesterday's Charleston Regional Business Journal reports that the EEOC has filed a religious discrimination lawsuit against the former owner of an ambulance company that was based in Orangeburg, South Carolina. The EEOC alleges that in 2006 the company fired a Jehovah's Witness employee who refused on religious grounds to represent the company at a local Halloween carnival. The lawsuit seeks back pay, damages, reinstatement and an injunction against future discriminatory practices.

10 Commandments on City Hall Property Is Problematic

A new molded concrete depiction of the Ten Commandments has gone up on the city-owned Veterans Plaza next to the city building in Baker, Louisiana. According to the Baton Rouge (LA)Advocate last week, both this monument and an identical one nearby on the grounds of the Baker First Baptist Church face the Baker High School campus across the street. The monument on city property, as well as installation costs, were paid for personally by former city councilman A.T. Furr. Mayor Harold Rideau did not consult with the city attorney first, and city council never formally approved the installation. Instead it was approved informally "by word of mouth." Rideau said: "We’re a Christian-based community." Former councilman Furr says the monument is constitutionally acceptable because it is in a park that pays tribute to veterans, but City Attorney Ron Hall says that if it was put up with knowledge of city officials, it is probably illegal. [Thanks to Bob Ritter for the lead.]

Teens Sue After Ejection From Stadium For Refusing To Stand During "God Bless America"

The Newark (NJ) Star-Ledger last week reported on a federal lawsuit filed by three high school students against Thomas Cetna, owner of the minor league baseball team, the Newark Bears. The students claim that Cetna cursed them and had security officers eject them from the stadium when they refused to stand during the 7th inning stretch while "God Bless America" was being sung. Plaintiffs argue that Cetna's actions violated their Constitutional rights, as well as their rights under federal and state statutes barring discrimination in public accommodations. The suit was filed on behalf of the students by the father of one of them who is an attorney.

Proposed Landmark Law Would Protect Church Slated For Closing

The Cleveland, Ohio Catholic Diocese has ordered fifty churches to close by next Summer as part of a downsizing plan. However the city of Lakewood is about to pass an ordinance to limit the impact of the closing on historic and ornate St. James Church. Yesterday's Cleveland Plain Dealer reports that the city of Lakewood is about to enact an historic landmark law that will ban tearing down or gutting the interior of buildings designated as historic or cultural landmarks. The city will then move quickly to give St. James that designation.

3rd Circuit Hears Oral Arguments On School Holiday Concert Policy

The U.S. 3rd Circuit Court of Appeals yesterday heard oral arguments in Stratechuk v. Board of Education, South Orange Maplewood School District. In the case, a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. (See prior posting.) The New York Times, reporting on yesterday's arguments, quoted attorney Robert Muise who represented those challenging the school's policy. He thinks the 3rd Circuit panel is not sympathetic to the challenge.