FLDS Member Sues For Religious Discrimination

Friday's Salt Lake Tribune , as well as Fox 13 News, report on the first-ever civil rights action by a member of the FLDS Church, filed Friday in Maricopa County (AZ) Superior Court. The complaint (full text) in Barlow v. Goddard, (AZ Super. Ct., filed 9/18/2009) alleges that the decertification of former police officer Preston Barlow by the Arizona Police Officer Standards and Training Board violated various federal and state constitutional and statutory provisions. Barlow claims that he was misled about the purpose of an investigation during which he refused to answer a number of questions about his FLDS faith. In fact the investigation was designed to look into whether Barlow and other FLDS officers had failed to protect property belonging to the United Effort Plan Tust which holds property of FLDS members (and which is now being reorganized under court supervision). Barlow claims that the investigation and his decertification placed a burden on his free exercise of religion, imposed a religious test for state employment, and were carried out under unconstitutionally broad and vague standards.

Settlement Reached In Lawsuit Challenging FaithGuard Homeowners' Insurance

The U.S. Justice Department announced on Friday that it had reached a settlement with GuideOne Mutual Insurance Company and two of its agents in connection with the company's FaithGuard endorsements on homeowners policies. The endorsement offered special benefits and discounts only to churchgoers and "people of faith," a practice which the Department of Housing and Urban Development claimed violated the Fair Housing Act. A complaint was filed along with the proposed settlement on Friday in a Kentucky federal district court. Under the settlement, which still must be approved by the court, defendants will pay damages of $29,500 to three victims of discrimination and will pay a civil penalty to the government of $45,000. In addition, GuideOne will stop selling homeowners and renters insurance policies with the FaithGuard endorsement, train GuideOne insurance agents on their responsibilities under the Fair Housing Act and provide periodic reports to the Justice Department. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Mississippi Supreme Court Rules In Challenge By Members of Church Damaged By Katrina

In Schmidt v. Catholic Diocese of Biloxi, (MS Sup. Ct., Sept. 17, 2009), members of St. Paul Catholic Church in Pass Christian, Mississippi brought suit after the diocese effectively closed the church that had been damaged by Hurricane Katrina and merged the parish into a newly created one. In this decision, the Mississippi Supreme Court held that plaintiffs lack standing to assert that St. Paul's property was held in trust for them. However, it held that the courts do have jurisdiction over claims that Church funds were improperly diverted and that one of the defendants, a priest, made intentional misrepresentations in soliciting funds for the rebuilding of St. Paul's. A concurring opinion by Justice Randolph, joined in part by Justice Pierce, concluded that the ecclesiastical abstention doctrine removes jurisdiction from courts over whether or not St. Paul's property was held in trust. (See prior related posting.)

White House and State Department Messages Mark Eid-ul-Fitr

Yesterday the White House issued a statement from President Obama and the First Lady extending greetings to Muslims on the ending of Ramadan and the celebration of Eid-ul-Fitr. A posting on the White House blog from D. Paul Monteiro, Deputy Associate Director, White House Office of Public Engagement, indicated that several government agencies have participated this year in events to mark Ramadan. Earlier this week, Secretary of State Hillary Clinton issued a message for Eid-ul-Fitr, stating in part: "the United States seeks a new beginning with Muslims around the world, one based on mutual interest and mutual respect." A video of the message, as well as transcripts in English and 15 other languages are posted on the State Department's website.

Bankruptcy Judge Accommodates Hindu Temple In Chapter 11

Yesterday's Atlanta Journal Constitution reports that a Georgia federal bankruptcy judge has found a creative solution to what could have become a troublesome church-state problem. After the Hindu Temple of Georgia defaulted on a $2.3 million loan and faced foreclosure on its 9-acre property in Norcross, Georgia, it filed for a Chapter 11 bankruptcy protection. The bankruptcy judge ordered an inventory of the Temple's property, however Temple priests are undergoing a 216-day period of ritual cleansing during which non-Hindus are barred from entering the Temple. So Judge James E. Massey ordered that creditors send someone of the Hindu faith to inventory and photograph Temple rooms. Meanwhile the Temple may drop a $26 million lawsuit it filed earlier this month against police and those who cooperated with them in charging its swami, Annamalai Annamalai, with practicing medicine without a license and theft. The charges were later dropped for lack of evidence.

President Reaches Out Internationally With Rosh Hashanah Greetings

Rosh Hashanah begins this evening. It has become standard practice for the U.S. President to issue holiday greetings to those celebrating the Jewish holy days. This year the White House broke new technological ground in reaching out to Jews around the world. The President recorded video greetings which can be viewed online with French, Hebrew, Russian, Spanish, Turkish, Arabic or Persian subtitles. In addition to an English language transcript of President Obama's remarks, transcripts are also available in these same seven languages. In his message, the President said in part:

Let us work to extend the rights and freedoms so many of us enjoy to all the world's citizens – to speak and worship freely; to live free from violence and oppression; to make of our lives what we will. And let us work to achieve lasting peace and security for the state of Israel, so that the Jewish state is fully accepted by its neighbors, and its children can live their dreams free from fear.

Jewish Newspaper Interviews Scalia On Religion and State

In an interview this week with the Jewish newspaper Hamodia, U.S. Supreme Court Justice Antonin Scalia spoke about the Court's Establishment Clause jurisprudence and about the role religion should play in American life. He said:

My court has a series of opinions that say that the Constitution requires neutrality on the part of government, not just between denominations ... but neutrality between religion and non-religion. I do not believe that. That is not the American tradition.

He also remarked:

I am not sure how Orthodox Jews feel about the Establishment Clause, but I assume they do not like driving G-d out of public life.

State Department Hosts Iftar

Earlier this week, the U.S. State Department hosted its annual Iftar dinner in honor of Ramadan. The State Department has posted the full text of remarks at the dinner by Farah Anwar Pandith, Special Representative to Muslim Communities, and by Secretary of State Hillary Clinton. Clinton said in part:

I think that American embassies have been holding Iftars for decades. Our diplomatic posts have held hundreds of events to celebrate Ramadan this year alone. And I am proud that we have so many Muslims serving in our Foreign Service and our Civil Service who are playing an important role in advancing our nation’s foreign policy interests and strengthening the bonds of cooperation and understanding with Muslims at home and abroad.

Pakistan's The News reported on the dinner.

Creationist Views of Florida Mayoral Candidate Debated

The St. Petersburg (FL) Times reported on Wednesday that the Creationist views of St. Petersburg mayoral candidate Bill Foster have become an election issue. Foster believes that the earth was created in literal six days, and that dinosaurs and humans lived at the same time. Supporters of Kathleen Ford, Foster's opponent, argue that Foster's views will make it more difficult for the city to recruit scientific firms to locate there. Foster insists that he will not let his personal religious beliefs interfere with governing the city and that he will eagerly recruit science-based companies.

EEOC Sues Clothing Chain Over "Look Policy" Barring Head Coverings

The EEOC announced yesterday that it has filed a federal religious discrimination lawsuit against the retail clothing chain Abercrombie & Fitch for refusing to hire a 17-year old Muslim because she wore a hijab (head scarf). The complaint filed in an Oklahoma federal district court alleges that an Abercrombie Kids store in a Tulsa, Oklahoma mall interviewed Samantha Elauf for a sales position, but refused to hire her because wearing of a head covering violated the company's "Look Policy." The suit was filed after attempts to reach a negotiated settlement failed.

School Principal, Athletic Director Acquitted of Contempt In Prayer Case

Late yesterday afternoon, a Florida federal district court judge acquitted a Santa Rosa County (FL) high school principal and the school's athletic director of criminal contempt charges growing out of their failure to follow the terms of a temporary injunction against faculty-led school prayer. In January, nine days after U.S. District Judge Casey Rodgers issued the injunction, principal Frank Lay asked Pace High School athletic director Robert Freeman to lead a prayer at the beginning of a school luncheon at which students were present. According to yesterday's Pensacola News-Journal: "[Judge] Rodgers said the prayer at a field house dedication during the school day that was held on church property was spontaneous, and there was seemingly no intent to violate the order." AP reports that Judge Rodgers decision "was greeted with a roar of approval followed by rounds of religious hymns from the hundreds of protesters who had stood outside the Pensacola Federal Court House for the daylong trial." The contempt charges against the two officials of the rural Florida Panhandle school had become the center of national attention, in part through press releases from Liberty Counsel that was representing Lay and Freeman. (See prior posting.)

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.