Rockland County Health Officials Again Monitoring Kapparot Ritual Site

The Jewish holy day of Yom Kippur begins Sunday evening. Again this year, the Rockland County (NY) Health Department is giving close attention to the site where Orthodox Jews are carrying out the pre-Yom Kippur ritual of kapparot-- the symbolic passing off of sins by circling a live chicken above one's head three times. The chicken is then slaughtered, and donated for food for the needy. According to today's Lower Huson Valley Journal News, for the third year in a row authorities have found sanitary code violations by Moshe Lefkowitz who is bringing some 11,000 chickens to a site in front of a former drive-in move theater in Rockland County, New York. The tradition of kapparot is controversial, both in terms of its theology and its treatment of animals. Many Orthodox Jews substitute funds equal to the value of the chicken, using that in the ceremony and then donating the funds to charity for the poor. (Background.) [Thanks to Vos Iz Neias? for the lead.]

Jediism Founder Accuses British Supermarket Chain of Religious Discrimination

In Britain, the founder of the Jedi religion (inspired by the Star Wars films) has accused Tesco supermarkets of religious discrimination. The London Guardian reported last Friday that Daniel Jones was ordered by staff at a Tesco store in north Wales to remove his hood while in the store. Jones, also known by his Jedi name Morda Hehol, said his religion requires him to wear the hood while in public. He is considering legal action against Tesco. Tesco though was undaunted in enforcing its rules, saying: "Obi-Wan Kenobi, Yoda and Luke Skywalker all appeared hoodless without ever going over to the Dark Side and we are only aware of the Emperor as one who never removed his hood. If Jedi walk around our stores with their hoods on, they'll miss lots of special offers."

Jewish Groups Protest Plans For Saturday Iowa Caucuses In 2010

On Friday, the Jewish Council for Public Affairs released the text of a letter sent to the chairmen of Iowa's Republican and Democratic parties by a coalition of 18 national Jewish groups. The letter protests plans to hold the January 2010 Iowa party caucuses on a Saturday (the Jewish Sabbath), saying: "Saturday caucuses will force members of the Iowa Jewish community to choose between their faith and their civic duties." Caucuses do not permit absentee voting. Friday's Chicago Tribune reports that the change to Saturday was made by the parties to enable more working people to attend the caucuses. Party leaders say the change is an experiment, and that it does not necessarily mean that the 2012 Iowa Presidential caucuses would also be moved to Saturday.

Teenager Will Stay In Florida For Now As Clarifications Are Sought

A court in Orlando, Florida yesterday held another hearing in the case of Rifqa Bary, the 17-year old who fled her Muslim parents' home in Ohio and came to Florida claiming that she feared her father would kill her because she had converted to Christianity. (See prior posting.) WBNS TV 10 reports Circuit judge Daniel Dawson ordered that for now Rifqa will remain in Florida, but that she may have no contact with Pastor Blake Lorenz's family with whom she had been staying. According to the St. Petersburg Times, Dawson will confer with a judge in Ohio to determine if a legitimate dependency action has been filed. Rifqa's guardian ad litem is concerned that the petition filed in Ohio is merely a ploy, and the case will be dropped once Rifqa is returned.

According to Central Florida News 13, a report by the Florida Department of law Enforcement found a number of misrepresentations in Rifqa Bary's story. She did not hitch hike to the Greyhound bus station to flee, but instead she was driven to the bus station by the man who baptized her in Ohio. Her bus ticket was actually purchased in Orlando under a false name. Currently four different attorneys claim to be representing Rifqa. The Florida Department of Children and Families has filed a motion asking the court to determine who should be recognized as her attorney.

UPDATE: WBNS TV10 reported on Tuesday that Pastor Blake Lorenz and his family are under criminal investigation for possibly helping Bary flee from Ohio.

Georgetown's Feldblum Nominated To EEOC

Last week, President Obama nominated Chai Rachel Feldblum to be a member of the Equal Employment Opportunity Commission. (White House release.) The EEOC enforces employment discrimination laws, including the ban on religious discrimination in employment. Feldblum currently is Professor of Law and Director of the Federal Legislation Clinic at Georgetown University Law Center. The nomination to one of the five positions as Commission member must still be confirmed by the Senate.

Recent Prisoner Free Exercise Cases

In Timbuktu v. Malone, 2009 U.S. Dist. LEXIS 82053 (ED WI, Sept. 9, 2009), a Wisconsin federal district court refused to grant summary judgement to two Muslim inmates who alleged that in a number of instances their prayers were interrupted or stopped, the location of their prayers were changed and that there were infringements on their observance of Ramadan and other religious feasts.

In Norton v. Kootenai County, 2009 U.S. Dist. LEXIS 82863 (D ID, Sept. 11, 2009), an Idaho federal district court dismissed plaintiff's claim that his First Amendment rights were violated when he was ordered to attend Alcoholics Anonymous meetings as a condition of his probation. The court concluded that while there was a religious component to the program, plaintiff never notified his probation officer of his objections to it.

In Parnell v. Tucker, 2009 U.S. Dist. LEXIS 83103 (ND CA, Aug. 27, 2009), a California federal district court permitted plaintiff to move ahead with claims against certain of the defendants that restrictions on his exercise of his Islamic religion, such as denying him access to the chapel or yard for congregational prayers and study, violate his First Amendment rights and his rights under RLUIPA.

In Hodgson v. Fabian, 2009 U.S. Dist. LEXIS 83134 (D MN, Aug. 19, 2009), a Minnesota federal magistrate judge recommended dismissing claims by a Wiccan prisoner that his rights are violated by prison policies that resulted in confiscation of issues of a Wiccan magazine, refusing to allow him and the Wiccan group to smudge or burn incense in the prison chapel, limiting the herbs that inmates could order for religious use, and prohibiting keeping or using prayer oil in inmate cells.

In Jordan v. Caruso, 2009 U.S. Dist. LEXIS 83575 (ED MI, Sept. 14, 2009), a Michigan federal district court rejected a claim by a prisoner who was a member of the Moorish Science Temple of America that his rights were violated when prison officials refused to use the term "El" as part of his name on his cell door card, as required by his religious beliefs. The magistrate's recommendations in the case are at 2009 U.S. Dist LEXIS 83584 (June 11, 2009).

In Hundal v. Lackner, 2009 U.S. Dist. LEXIS 83814 (CD CA, Sept. 15, 2009), a California federal magistrate judge held that a Sikh prisoner who was denied an exemption from beard length restrictions had not stated a claim under the First Amendment, but had stated a claim under RLUIPA. However the complaint was dismissed with leave to refile to eliminate the RLUIPA claims for damages against defendants in their individual capacities which the court held were not authorized under the statute.

In Cromer v. Unknown Chaney, 2009 U.S. Dist. LEXIS 84726 (WD MI, Aug. 26, 2009), a Michigan federal magistrate judge recommended dismissal of a claim that plaintiff's rights were violated when prison authorities confiscated Five Percent Nation religious materials from his cell.

In Robinson v. Meyers, 2009 U.S. Dist. LEXIS 84202 (D SC, Aug. 10, 2009), a South Carolina federal magistrate judge recommended granting summary judgement to defendants in a case in which a pre-trial detainee who was a member of the House of Yahweh complained about a 5-month delay in obtaining a diet meeting his religious requirements. The delay resulted from confusion about Plaintiff's religious affiliation and the type of diet required under the beliefs of that religion.

South Carolina High Court Rules For Break-Away Anglican Parish

Last week the South Carolina Supreme Court issued an interesting decision in litigation stemming the 2004 vote by members of All Saints Parish, Waccamaw, to break away from the Episcopal Church USA and instead affiliate with the more conservative Episcopal Church of Rwanda. A small group of members remained loyal to ECUSA and the South Carolina Episcopal Diocese and purported to elect a new vestry for the congregation. In All Saints Parish Waccamaw v. The Protestant Episcopal Church in the Diocese of South Carolina, (SC Sup. Ct., Sept. 18, 2009), the court, applying neutral principles of civil law, held that the Parish's property belongs to the break-away group and that the vestry elected by the majority break-away group are the true officers of the Parish.

The court's decision on property ownership held that the Statute of Uses converted beneficial ownership of Parish property under a 1745 Trust Deed into legal title for the Congregation of All Saints Parish. The Court went on to hold that while the Diocese of South Carolina amended its Constitution in 1987 to add the Dennis Canon-- which declares a trust in favor of the ECUSA and the Diocese on all real and personal property held by any congregation-- the action did not affect property of All Saints Parish. The Court said that the Dennis Canon could only impose a trust on property owned by the Diocese. A comment on the decision on Episcopal Cafe makes the interesting point that "the decision simply assumes (without considering the matter) that South Carolina can switch from being a 'deference' state to a 'neutral principles' state without thereby interfering with anybody's established property rights." [Thanks to John B. Chilton for the lead.]

Recent Articles Of Interest

From SSRN:

• Brian Leiter, Foundations of Religious Liberty: Toleration or Respect?, (September 16, 2009).
• Brian D. Galle, Foundation or Empire? The Role of Charity in a Federal System, (FSU College of Law, Law, Business & Economics Paper No. 1473107, Sept. 14, 2009).

From SmartCILP:

• A Symposium on God and the Land: Conflicts Over Land Use and Religious Freedom. (Table of Contents.) 2 Albany Government Law Review 354-652 (2009).

Value Voters Summit Held Last Week End

The Value Voters Summit was held this past weekend in Washington, D.C., bringing together Christian conservatives from around the country. CQ Politics reports on the Summit's straw poll for 2012 Presidential candidate. The winner was former Arkansas Governor Mike Huckabee. On issues, 41% said that abortion was the primary issue that would determine their choice for President. 18% chose religious liberty as their primary concern.

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.)