Virginia Supreme Court Will Review Episcopal Church Case

According to yesterday's Washington Post, the Virginia Supreme court has agreed to review a lower court's decision in In Re: Multi-Circuit Episcopal Church Property Litigation (see prior posting). The lower court held that under Virginia's "Division Statute," church properties belong to the congregations and not to the Episcopal Church USA and the Diocese. The Episcopal Church argues that the congregations never legally "divided," but instead a conservative faction merely decided to leave and affiliate elsewhere.

Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case

As previously reported, last July a descendant of Hawaiian royalty filed suit in Hawaii state court to require Honolulu's Kawaiahao Church and the state Department of Land and Natural Resources to fully comply with state burial laws in a construction project on land that was once a cemetery. Now, according to yesterday's Honolulu Advertiser, plaintiff has won a key ruling. The court rejected the argument that because the church maintains an active cemetery, it is subject to less stringent regulations. The court said that a full hearing before the Oahu Island Burial Council to review the project is required because it is on property that contains burial remains.

One Faith-Based Task Force Urges Involvement In Israeli-Palestinian Issues

On Tuesday, the White House Office of Faith-Based and Neighborhood Partnerships Advisory Council released preliminary drafts of recommendations from its six task forces. (See prior posting.) The Forward reported yesterday that a draft recommendation from one of the Task Forces (the one on interreligous dialogue) recommended that the Faith-Based Office should "create a working group of multi-religious and community organizations focused on the Israeli-Palestinian conflict, to advise administration officials at the National Security Council and the State Department on a just resolution of the conflict." Jewish leaders say this is outside the scope of the Office, and predict the recommendation will not make it into the final version of the Task Force reports.

Meanwhile, the task force on reform of the faith-based office proposed three recommendations for strengthening church-state separation: (1) Strengthen prohibitions against proselytizing program beneficiaries; (2) Post a list of grant recipients online; and (3) Strengthen language in the Executive Order creating the Office to emphasize that following constitutional principles is as important as distributing funds efficiently.

2nd Circuit: Ministerial Exception, Not RFRA, Bars Pastor's ADEA Suit

In Hankins v. New York Annual Conference of the United Methodist Church, (2d Cir., Oct. 13, 2009), the U.S. 2nd Circuit Court of Appeals held that the constitutionally-based "ministerial exception" doctrine requires dismissal of a pastor's age discrimination complaint. Plaintiff claimed that the United Methodist Church's policy requiring ministers over 70 to retire violated the federal ADEA and the New York State Human Rights Law. The court's decision affirmed the result the trial court had reached, but concluded (contrary to its own earlier holding) that it was the ministerial exception doctrine, not the Religious Freedom Restoration Act, that leads to that result. [Thanks to Steven H. Sholk for the lead.]

South African Court Rules Forced Circumcision of Teenager Is Unconstitutional

South Africa's Weekend Post reported yesterday on a decision by a High Court Judge in the town of Bhisho in South Africa's Eastern Cape Province. Teenager Bonani Yamani, now a second-year university student, sued his father and ten other men for abducting him and forcibly performing a traditional Xhosa circumcision on him in 2007 just three months after he had already been circumcised in a hospital. Bonani argued that the traditional circumcision violated his religious beliefs. The court ruled that the forced circumcision violated Bonani's constitutional rights. The teenager had also named the Eastern Cape Congress of Traditional Leaders of South Africa as a defendant. However he withdrew his complaint after the current head of the group apologized for comments made by his predecessor urging that people who refused traditional circumcision should be ostracised.

Russia's Justice Ministry Proposes Controversial Religion Law Amendments

Russia's Justice Ministry is proposing controversial new amendments to the country's law on religion, according to a report yesterday by Georgian Daily. Religious organizations will be required to seek registration from regional rather than local authorities. Also no one who has been convicted of inciting inter-ethnic or inter-religious hostility or "other crimes of an extremist nature" can be listed among the group's members seeking registration. Of more concern among established groups is the proposed new restriction on missionary activity. Government approval will be need before a religious group can engage in any kind of proselytizing activity-- defined as "the dissemination of one’s own faith among people who are not members, participants or followers of that religious organization." Missionaries from abroad must have an invitation form a group within Russia. The Russian Orthodox Church is strongly opposed to these provisions, calling them "spiritual terrorism against missionaries." This opposition may well lead to changes or rejection of the proposals.

Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections

In Harris County Medical Examiner v. Saghian, (TX Ct. App., Oct. 8, 2009), a Texas state court of appeals reversed a trial court's 2007 decision barring the county medical examiner from performing an autopsy on a Jewish man who apparently had committed suicide. The court rejected the trial court's finding that the autopsy violated the Texas Religious Freedom Restoration Act because, while several rabbis testified as to Orthodox Jewish beliefs regarding autopsies, there was no evidence that the deceased and his wife were in fact observant Orthodox Jews. The only evidence before the court was that the husband and wife consulted with one of the rabbis on several occasions and that the deceased attended events and classes sponsored by a Jewish organization.

Court Says Church Could Be Liable For Harassment of Summer Camp Employees

Nunez v. Mariners Temple Baptist Church, (NY Sup. Ct., Oct. 8, 2009), involved a lawsuit by the father of two teenagers who alleged sexual harassment by their supervisor at a children's summer camp where they were employed. A New York trial court held that the lawsuit could be maintained against a Church that owned the building and yard where the camp operated, as well as against the non-profit organization that ran the camp. The court concluded that the complaint raised a triable issue of fact as to whether the two organizations should be considered an integral enterprise for the purposes of liability. In the case the Church also asserted a claim against its insurance company seeking a declaration that the insurer is obligated to defend and indemnify it in the case. The court refused to conclude that the claim against the Church was excluded from coverage under its insurance policy.

British Tribunal Reverses Exclusion of Dutch Politician Geert Wilders

BBC News reports that yesterday Britain's Asylum & Immigration Tribunal reversed a government decision that refused right-wing Dutch politician Geert Wilders entry into the country last February. Wilders called the Tribunal decision a victory for free speech. Wilders, known for his strong anti-Islam views, had been invited to show his inflammatory film Fitna in the upper house of Britain's Parliament. (See prior posting.) Wilders plans a visit to Britain next week. An appeal by the Home Office, or a ban on different grounds, are possible responses. The Home Office can keep the travel ban in place pending appeal only if it obtains permission from the Court of Appeal.

Brooklyn's Ultra-Orthodox Jews More Willing To Use Civil Authorities In Abuse Cases

The New York Times yesterday reported on the sharp rise in child sexual abuse cases brought recently by prosecutors in Brooklyn (NY) against members of the ultra-Orthodox (haredi) community. After decades in which almost no abuse prosecutions were brought against ultra-Orthodox Jews, a number of developments have led to members of the haredi community for the first time being willing to go to civil authorities to file complaints. The Jewish press, therapists, Orthodox Jewish social workers, rabbis, Jewish blogs and new organizations, combined with the failure of rabbinical courts to deal effectively with molesters, have led parents of victims and the victims themselves to overcome the traditional stigma of going to civil authorities instead of internal religious courts. Brooklyn District Attorney Charles J. Hynes has begun a program called Kol Tzedek (Voice of Justice) that cooperates with Orthodox social workers and sends speakers into schools and community centers to talk about sexual abuse.

UPDATE: According to Wednesday' Forward, despite these developments several national rabbinic leaders urge that Orthodox rabbinic courts continue to screen allegations of sexual abuse to decide whether they should be forwarded to civil law enforcement authorities.

Florida Judge Will Order Teenage Convert Back To Ohio's Jurisdiction

The Orlando (FL) Sentinel reported yesterday that a Florida judge will order 17-year old Fathima Rifqa Bary back to her home state of Ohio where an Ohio court wants jurisdiction. A foster home for the girl has been identified in Ohio. Bary, who converted from Islam to Christianity, fled in August to Florida to husband and wife pastors she had met through Facebook. Rifqa claimed she was afraid her father would kill her because of her conversion. Currently the girl is in custody of Florida's Department of Children and Families. (See prior posting.) Bary's family says that Rifqa's fears are unfounded, but the girl's Florida lawyer says she still is afraid of being returned to her native Sri Lanka.

Florida Circuit Court Judge Daniel Dawson says he will not order the girl returned until her family submits paper work clarifying her immigration status which so far have not been forthcoming despite several court orders seeking them. He also wants assurances that Rifqa will be able to continue studying in a Florida online school. Several people in an Ohio courtroom participated by phone in yesterday's hearing in Florida, including lawyers for Rifqa's parents, her Ohio lawyer, an Ohio prosecutor and a judge. Rifqa spent much of the hearing thumbing through a Bible.

California Governor Vetoes Bill Mandating Police Educational Material On Kirpans

On Sunday, California's Governor Arnold Schwarzenegger vetoed a bill passed by the state legislature that would have required the Peace Officer Standards and Training Commission (POST) to create additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. (See prior posting.) The governor said that AB 504 is unnecessary because POST already has authority to create this type of material if it finds it is needed. Religion News Service yesterday quoted Neha Singh of the Sikh Coalition who said the Sikh community was "outraged" by the veto. Singh said that police officers often do not know what they are looking at when they see a kirpan. However a POST spokesman said that statistically the kirpan is not a significant issue.

Postal Service's 2009 Holiday Stamps Are Being Issued

As reported (with photos) by Collectors Quest, the U.S. Postal Service is in the midst of issuing its 2009 holiday season stamps. Last week at the American Stamp Dealers Association show in New York it issued a set of four Winter Holiday stamps with non-religious designs on them-- a reindeer, a snowman, a gingerbread man and a toy soldier. Next week USPS will issue a Christmas stamp with a religious theme. It will feature a painting of Madonna and Child by the 17th century Italian painter Giovanni Sassoferrato. According to a USPS news release, this stamp will be issued Oct. 20 at the Hearst Castle in San Simeon, CA. The the Sassoferrato painting was acquired by William Randolph Hearst in 1926.

Also at the New York ASDA show last week, the Postal Service issued a new Hanukkah stamp featuring a Menorah with nine lit candles and a new brightly colored Kwanzaa stamp. A second Christmas stamp featuring an angel playing a lute was originally also going to be issued this year, but was dropped because of the Postal Service's budget problems. (Stamp News 3/19/2009.)

Senate Majority Leader Criticizes Mormon Church's Support For Proposition 8

The Salt Lake Tribune reported yesterday that U.S. Senate Majority Leader Harry Reid, in a meeting with three organizers of last weekend's National Equality March in Washington criticized the Church of Jesus Christ of Latter Day Saints for its support of California's Proposition 8 last year. Proposition 8 banning gay marriage passed by a 52% vote after a campaign in which the LDS Church and many of its members contributed significant funds and other support. (See prior posting.) Reid, a Senator from Nevada and himself a Mormon, said he thought it was a waste of Church resources and good will for the LDS Church to focus on such a divisive issue.

Recent Prisoner Free Exercise Cases

In Dedrick v. Wilner, 2009 U.S. Dist. LEXIS 92618 (D CO, Sept. 23, 2009), a federal prisoner complained that he is being required to attend a drug abuse education program in violation of his free exercise rights as a condition of obtaining supervised release, and that he will be required to attend a 12-step program with religious content upon release. The court held that his claim regarding future requirements is not ripe, and that his claim regarding his current conditions of confinement need to be filed as a Bivens action instead of a habeas corpus action.

In Lewers v. Pinellas County Jail, 2009 U.S. Dist. LEXIS 92702 (MD FL, Sept. 18, 2009), a Florida federal district court held that a Jewish inmate may proceed with his claim that he was denied a kosher diet. However it rejected his claim that he is entitled to be furnished free of charge with Jewish reading materials, a Torah and a Talmud. The court held that plaintiff failed to adequately allege an equal protection claim, but gave him leave to file an amended petition to cure pleading deficiencies as to his free exercise claims.

In Holley v. Johnson, 2009 U.S. Dist. LEXIS 94126 (WD VA, Oct. 1, 2009), a Virginia federal district court held that plaintiff had adequately alleged violations of his rights under RLUIPA and the First Amendment stemming from confiscation of religious materials and denial of the Common Fare Diet. Plaintiff claimed that the only reason for these actions was that prison authorities do not consider Nations of Gods and Earths to be a religion. The court held that an inmate's sincere, but personal, religious beliefs are entitled to consideration regardless of whether they are shared by all of the members of a religious sect.

Conservative Christian Groups Oppose Current Heath Care Reform Proposals

Liberty Counsel yesterday issued a press release endorsed by 34 other conservative Christian groups saying that "it is time to start over" on health care reform, with a "nonpartisan approach." The statement said in part:

We oppose funding for abortion. Abortion is not healthcare. We support the sanctity of human life from conception to natural death.... We support conscience laws protecting hospitals and healthcare providers from coerced participation in abortion. We oppose government policies pressuring people to forgo or limit treatment because of age or illness..... Every proposed bill funds abortion, including the so-called Baucus bill from the Senate Finance Committee. This is unacceptable. We will not support any bill that funds abortion.

... We support legal reform to stop frivolous lawsuits ...[,] portability, allowing people to take their healthcare with them so it is not tied to employment...[,] options to purchase health insurance across state lines.... We support competition; coverage of pre-existing conditions; wellness care and prevention incentives; tax relief that provides a dollar-for-dollar deduction for every dollar spent on premiums or other medical or prescription costs; and a dollar-for-dollar tax deduction with no limit from gross income for every dollar contributed to nonprofit organizations providing healthcare for free or at reduced cost to the needy..... We oppose a single-payer, government-run insurance program or the so-called public option.

Christian Scientists Want Coverage Under Health Care Reform Bill

Today's St. Petersburg (FL) Times reports on concerns of Christian Scientists as to proposed health care reforms. They want Christian Science practitioners and similar prayer-based healing covered by health insurance. Some of the drafts of health care reform legislation mandate this type of coverage. Other drafts merely exempt religious objectors from the requirement to obtain health insurance.

Two Pentecostal Churches In Britain Cited For Loud Music

In Britain, according to yesterday's London Telegraph, two Christian pentecostal churches have been served with noise abatement notices after neighbors complained about the loud music played at their services. All Nations Centre in Kennington, south London, has been told to end amplification of music and sermons. A week earlier, Immanuel International Christian Centre in Waltham Forest, north-east London, was cited and told it could play amplified music only for twenty minutes on Sundays. Attendance has gone down from 100 to 30 because of the ban. The churches say the bans are not about noise, but about silencing Christian viewpoints.

Recent Articles of Interest

From SSRN:

• Prakash Shah, Coping with Super-Diversity in Law: Thoughts on the British Scene, (Religion and Law in Multicultural Societies, Rubya Mehdi et. al., eds., pp. 63-81, DJØF Publishing, 2008.)
• Scott C. Idleman, A Legal Perspective on Conflicts Involving Religious Communities, (Marquette Law School Legal Studies Paper No. 09-35, July 2009).
• Zvi H. Triger, The Gendered Racial Formation: Foreign Men, "Our" Women, and the Law, (Women's Rights Law Reporter, Vol. 30, No. 3/4, 2009).
• Justin G. Holbrook, Legal Hybridity in the Philippines: Lessons in Legal Pluralism from Mindanao and the Sulu Archipelago, (October 9, 2009).

From SmartCILP:

• Jonathan Cohen, Kosher Slaughter, State Regulation of Religious Organizations, and the European Court of Human Rights, 4 Intercultural Human Rights Law Review 355-386 (2009).
• Matthew Steilen, Parental Rights and the State Regulation of Religious Schools, 2009 BYU Education & Law Journal 269-339.

Restoring Historical Cross Explored By California City

In 1969, a wooden cross was put up on Monterey, California's Del Monte Beach to mark 200th anniversary of the raising of a wooden cross at the site by explorer Don Gaspar de Portol and Father Juan Crespi as a signal to the supply ship San Jose, expected to arrive from Mexico. Last month vandals cut down that cross. The Monterey County Herald last week reported that City Council wants to restore the cross because of its historical significance, but is concerned about possible litigation from the ACLU. Even before the vandalism, the ACLU and the city were engaged in discussions about the cross and compromise ways to keep it as a historical marker without its being an endorsement of religion. In a closed session last Tuesday, following a public hearing on the matter, City Council voted to proceed with the new cross only after raising $50,000 in contributions as a legal defense fund.