Religion Clause

Tuesday, November 17, 2009

Suit Challenges Religious Activities In Tennessee County's Schools

Yesterday in federal court in Nashville, Tennessee, two former students and two families of current students filed a lawsuit challenging a pattern of religious activities in the Cheatham County (TN) school system. The suit, filed by the ACLU of Tennessee (press release), objects to incidents involving the distribution of Gideon Bibles in classrooms, teacher-endorsed prayer at football games, school-sponsored prayer delivered by students at graduation ceremonies, the teaching of intelligent design, and the display of a cross in a high school classroom. The complaint (full text) in Doe v. Cheatham County Board of Education, (MD TN, filed 11/16/2009) alleges that school officials proselytize students in class and during extracurricular activities. The lawsuit contends that all of these activities violate the Establishment Clause as well as Art. I, Sec. 3 of the Tennessee Constitution, and asks for an injunction against continued religious activity in the schools. It also asks for an injunction barring retaliation against plaintiffs for bringing the lawsuit, and seeks nominal damages and attorneys' fees. Yesterday's Tennessean reported on the lawsuit.

44 Members of Congress Join Amicus Brief Supporting Engravings At Capitol Visitor Center

As previously reported, in July the Freedom from Religion Foundation sued in a Wisconsin federal court challenging Congress' directive to the Architect of the Capitol to engrave the motto "In God We Trust" and the Pledge of Allegiance in the Capitol Visitor Center. Last week, the American Center for Law and Justice announced that it had joined with 44 members of the U.S. House of Representatives (including Randy Forbes, chairman of the Congressional Prayer Caucus) in filing an amicus brief in the case. The brief (full text) argues that the pledge and national motto "accurately reflect the historical fact that this nation was founded upon a belief in God." Contending that neither the pledge nor the motto violates the Establishment Clause, the brief argues that "the First Amendment does not compel the redaction of all references to God just to suit atheistic preferences."

Monday, November 16, 2009

Group Challenges Indianapolis Schools' Internet Filtering Policy

The Freedom From Religion Foundation last week (press release) wrote to the Indianapolis (IN) school system (full text of letter) complaining that the Indianapolis Public Schools Internet Filtering Policy violates the First Amendment as well as regulations under the federal Children's Internet Protection Act. Among the nearly 30 categories of website that are blocked on school computers are "Alternative Spirituality/ Belief Sites." These are described as:

Sites that promote and provide information on religions such as Wicca, Witchcraft or Satanism. Occult practices, atheistic views, vodoo rituals or any form of mysticism are represented here. Includes sites that ... [instruct in the use of] spells, incantations, curses and magic powers.

FFRF contends that this policy amounts to viewpoint discrimination and a violation of the Establishment Clause because it allows access to sites offering information about Christianity and other mainstream religions, but not about atheism. [Thanks to Scott Mange for the lead.]

Obama Champions Human Rights At Town Hall Meeting In China

Over night (US time), President Obama in China held a "town hall" meeting with university students in Shanghai. (White House background posting.) The Los Angeles Times has the full text of his remarks and his exchange with students. Along with a focus on increased U.S.-Chinese cooperation, human rights concerns were prominent among the wide range of topics included in the President's opening comments. After speaking of America's own civil rights struggles, he said:

We do not seek to impose any system of government on any other nation, but we also don't believe that the principles that we stand for are unique to our nation. These freedoms of expression and worship -- of access to information and political participation -- we believe are universal rights.

They should be available to all people, including ethnic and religious minorities -- whether they are in the United States, China, or any nation. Indeed, it is that respect for universal rights that guides America's openness to other countries; our respect for different cultures; our commitment to international law; and our faith in the future.

He also mentioned religion in responding to a student's question about Afghanistan and terrorism. The President said in part:

We also have to think about what motivates young people to become terrorists, why would they become suicide bombers. And although there are obviously a lot of different reasons, including I think the perversion of religion, in thinking that somehow these kinds of violent acts are appropriate, part of what's happened in places like Pakistan and Afghanistan is these young people have no education, they have no opportunities, and so they see no way for them to move forward in life, and that leads them into thinking that this is their only option.

FOIA Appeal Filed To Get Information On Bureau of Prisons Chapel Library Project

The ACLU announced last week that it has filed a Freedom of Information Act Appeal (full text) seeking all records held by the Bureau of Prisons on their attempt in 2007 to remove various books from prison chapel libraries. (See prior posting.) The Standardized Chapel Library Project was ended by legislation later in 2007. (See prior posting.) The FOIA appeal was filed on behalf of a California graduate student who is writing a thesis on censorship of religious materials in federal prisons. His initial request resulted in only a four documents being furnished to him. The appeal asks for a broader search for relevant documents.

Rubashkin Encounters Religious Observance Problems In Jails After Trial

Last Thursday, Shalom Rubashkin, former vice-president of the Postville, Iowa Agriprocessors, Inc., a kosher meat packing plant, was convicted by a federal jury on 86 counts of financial fraud. (See prior related posting.) The trial was held in Sioux Falls, South Dakota after Rubashkin's lawyers requested a change in venue. (New York Times.) Immediately after his conviction, federal marshals took Rubashkin to the South Dakota State Penitentiary where he was held overnight. He was then transported to the Woodbury County Jail in Sioux City, Iowa. He will be transported to a jail in the Cedar Rapids, Iowa area for his bail hearing on Wednesday. (Des Moines Register 9/14.)

Chabad.info has a rather graphic account of the problems encountered by Rubashkin in maintaining his Orthodox Jewish religious observances during these moves. On the first night, South Dakota prison officials removed Rubashkin's tzitzis (fringed garment) despite Rubashkin's objections, and moved him in a wheel chair since he insisted he would not walk without wearing his tzitzis. Friday morning Federal marshals decided he could wear the tzitzis. Rubashkin's family had purchased kosher food meeting his strict standards. However, Sioux City jail officials refused to allow it in because it was not packaged correctly. Rubashkin went without food from Thursday night until Saturday evening when he got grape juice, rolls and soup mix that he ate cold. Rubashkin's family ask supporters to pray and recite psalms for him.

Sunday, November 15, 2009

Virginia Governor-Elect Called On To Repudiate Statements By Pat Robertson

Virginia's new Republican governor-elect, Robert F. McDonnell, is being asked to repudiate comments by his long-time supporter and friend, Rev. Pat Robertson. Last week, in response to the Fort Hood shootings, Robertson made controversial comments about Islam on his 700 Club television show. Robertson said:

Islam is a violent -- I was going to say religion, but it's not a religion. It's a political system. It's a violent political system bent on the overthrow of the governments of the world and world domination. I think we should treat it as such and treat its adherents as such, as we would members of the Communist Party or members of some fascist group.

Today's Washington Post says McDonnell attended law school at Robertson's CBN University, and served on the university's board after it changed its name to Regent University. McDonnell received $40,000 in contributions from Robertson and his family for his election campaign. Mohamed Magid, imam of a mosque in Sterling, Virginia, said that Muslims want McDonnell "to distance himself from [Robertson's] remarks of hate...."

Windsor Police Chief Apologizes For Inappropriate Search of Muslim Woman

In Canada, Windsor, Ontario police chief Gary Smith publicly apologized to the Muslim community over the embarrassment and offense to religious beliefs caused when one of his male police officers conducted a pat down search of a Muslim woman. Yesterday's Detroit Free Press reports that the incident occurred on Oct. 31 when Canadian authorities conducted a raid to arrest two men who were part of a radical Muslim group based in Dearborn, Michigan. The leader of the Dearborn group was killed in an FBI shoot out last month. The woman involved was the wife of one of those arrested by Canadian authorities.

Orthodox Jews In Jerusalem Protest Intel's Sabbath Operations

In Israel yesterday, some 2000 haredi (strictly Orthodox) Jews demonstrated outside the offices of Intel Corp. in an industrial park in Jerusalem protesting the chip maker's operation of its factory on the Sabbath. According to a report by the Jerusalem Post, protesters criticized Jerusalem Deputy Mayor Yitzhak Pindrus for not doing enough to prevent Intel from operating on Saturdays. Israeli law prohibits companies employing Jews on the Sabbath, but contains a number of exemptions. A member of the Knesset said that Intel had not obtained the required special permit from the Industry, Trade and Labor Ministry entitling it to a serious harship exemption. An Intel spokesman, however, said the company was operating in accordance with law. Intel also said that ending Saturday production could endanger the feasibility of Intel's operations in Jerusalem and Kiryat Gat. Intel employs some 6500 in the two plants.

Massachusetts Church Settles RLUIPA Lawsuit

In Lanesville, Massachusetts, a settlement between the Zoning Board of Appeals and the Orthodox Congregational Church ends a federal RLUIPA lawsuit as well as state court litigation, according to Saturday's Gloucester Daily Times. At issue is the building of a new fellowship hall next to the church's existing building. The city had denied the church a building permit because it had not provided for adequate parking, ruling that the new building was a function hall rather than a "place of worship" that is exempt from parking requirements. The settlement calls for the church to provide 31 parking spaces by parking cars in tandem and to notify parishioners of the parking plan, along with other provisions. The settlement also pays the church $10,000 in damages.

Recent Prisoner Free Exercise Cases

In Rust v. Nebraska Department of Correctional Services Religion Study Committee, 2009 U.S. Dist. LEXIS 105793 (D NE, Nov. 12, 2009), a Nebraska federal district court rejected RLUIP and free exercise challenges by inmates who were adherents to the Theodish Belief to authorities' failure to provide them with various food and devotional items and various other claimed restrictions on their religious practice. However the court held that scheduling combined worship time for Theodish Belief and Asatru practitioners did pose a substantial burden on plaintiffs' religious exercise. The court gave defendants additional time to supplement the record regarding the state's alleged compelling interest in this schedule.

In Howard v. Epps, 2009 U.S. Dist. LEXIS 105366 (SD MS, Oct. 30, 2009), a Mississippi federal magistrate judge permitted a Rastafarian inmate to amend his complaint to allege that the prison's grooming policy violates his First Amendment rights.

In O'Neal v. Brenes, 2009 U.S. Dist. LEXIS 104852 (CD CA, Nov. 10, 2009), a California federal magistrate judge rejected an inmate's free exercise claim. Plaintiff alleged that he participates in the prison's vegan religious diet program and does not receive enough food. The court dismissed the claim because plaintiff failed to allege that his veganism is rooted in religious belief.

In Griffith v. Bird, 2009 U.S. Dist. LEXIS 104469 (WD NC, Nov. 3, 2009), a North Carolina federal district court dismissed claims for both damages and an injunction by a Wiccan prisoner who claimed Wiccans were not allowed to have group religious services and that he was denied certain religious items. Corrections Department policy requires an approved volunteer to lead group religious services and vendors of religious items must go through an approval process.

In Haynes v. Sisto, 2009 U.S. Dist. LEXIS 104532 (ED CA, Oct. 21, 2009), a California federal district court rejected a claim that authorities prevented black inmates from participating in religious activities during lockdowns. Plaintiff did not allege that he was prevented from practicing his religion.

In Flett v. Vail, 2009 U.S. Dist. LEXIS 99765 (ED WA, Oct. 23, 2009), a Washington federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 104255, Aug. 24, 2009), and dismissed claims of a native American inmate that prison officials failed to mail out certain religious items that he had properly processed for mailing. The court allowed plaintiff to move ahead with a RLUIPA challenge to prison regulations that prohibited use of animal fur, claws or bones for religious ceremonies. Plaintiff wished to use an eaglebone whistle.

In Hoffman v. Hennessey, 2009 U.S. Dist. LEXIS 103406 (ND CA, Nov. 6, 2009), a California federal district court held that a Jewish prisoner had stated a cognizable claim under the First Amendment and RLUIPA that he was denied use of a yarmulke and tallit katan. He also was permitted to proceed with a retaliation claim against the Sheriff's Department.

Saturday, November 14, 2009

Indian Tribe Sues Under Treaty To Get Prosecution of Self-Help Author

Last month, three people died after spending time in a sweat lodge as part of a "Spiritual Warrior" retreat conducted by self-help author and speaker James Arthur Ray. Each participant paid over $9600 to attend the retreat at the Angel Valley Retreat Center in Sedona, Arizona. (CNN). Now, according to a report this week from Sedona.biz, members of the Lakota Sioux Tribe, upset over non-Indians appropriating Native American ceremonies, has filed a federal lawsuit demanding prosecution of James Arthur Ray. The complaint (full text) in Oglala Lakota Delegation of the Black Hills Sioux Nation Treaty Council v. United States, (D AZ, filed 11/2/2009), cites to provisions in the 1869 Treaty of Ft. Laramie that provides:

If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.

The complaint explains that a wrong was committed on the Lakota's property because the Oinikaga sweat lodge ceremony is part of the Lakota's oral tradition which, according to the United Nations Declaration of Rights of Indigenous Peoples, Art. 31, the Lakotas have a right to maintain, control and protect.

Some Charge Anti-Semitism In Non-Renewal of Central Missouri University President

Last month the Board of Trustees of the University of Central Missouri voted 4-3 not to renew the contract of its president, Aaron Podolefsky. Now, according to yesterday's Kansas City Jewish Chronicle, some are asking whether anti-Semitism had anything to do with the Board's decision. Apparently much of the opposition to Podolefsky came from supporters of the University's athletic teams and particularly Gregg Hassler, part-owner and sports director of a local radio station that holds the contract to broadcast the University's football and basketball games. Hassler had already criticized Podolefsky's wife, an attorney, for filing a suit on behalf of six players against the local high school's girls' basketball coach charging discrimination and sexual abuse. Then the day after Podolefsky's ouster was announced, Hassler inaccurately accused him of ending a tradition of having a Christmas tree in the front yard of the President's on-campus residence. It turns out the cedar tree at issue was removed during the prior president's tenure. Those claiming anti-Semitism are pointing to the attitude reflected in Hassler's on-air remarks after the firing:

the thing that really upset me ... was, for years there was a Christmas tree lit at Selmo Park.... He stopped that. I mean I think every religion should be able to celebrate, uh, in their own way, but, I mean we do live in Warrensburg, Missouri. This is America. You know. Let’s bring that back....

Arizona Official Testifies On Loopholes In Tuition Tax Credit Law

Even though the 9th Circuit has stuck down as unconstitutional Arizona's program that grants tax credits to fund private-- mostly religious-- school scholarships (see prior posting), the state's attorney general and legislature are moving ahead on several fronts as if the program is still operational. The Arizona Republic reported yesterday that the attorney general is considering suing some of the non-profit School Tuition Organizations because they have not distributed 90% of the donations they have received, as required by the law. Assistant Attorney General Susan Myers also told a House legislative hearing on Thursday that some loopholes in the law should be closed. She urged barring donors from recommending who should receive scholarships from the funds they donate, requiring unspent funds to go to the state, setting income eligibility for scholarships, and requiring independent audits of School Tuition Organizations. Also a state legislator has asked the Internal Revenue Service to explore whether School Tuition Organizations violate the requirements of Section 501(c)(3) of the Internal Revenue Code. Meanwhile the Institute for Justice says it will ask the U.S. Supreme Court to review the 9th Circuit's invalidation of the scholarship program.

Westboro Baptist Church Turns To Anti-Semitic Picketing

Friday's USA Today reports on the shift in recent months by members of the Westboro Baptist Church from picketing funerals and government buildings with anti-gay signs, to picketing of Jewish events and institutions carrying anti-Semitic signs. Since April, members of the Topeka, Kansas Church-- often family members of its founder Fred Phelps--have targeted some 200 synagogues, Jewish community centers, campus Hillel buildings and Jewish events. This week they picketed the national meeting of the Jewish Federations of North America in Washington. One of the group's signs in Washington read "God Hates Jews," and a T-shirt worn by Margie Phelps read "Jews Killed Jesus." Purporting to explain their new tactics, Margie Phelps accused Jews of "carrying the water for the homosexual agenda." Experts say this new tactic is more about getting publicity than attacking Jews per se. Most Jewish organizations that have been targeted have decided not to conduct counter-protests at the same time, though some have used the attacks to mount subsequent interfaith events stressing more positive themes.

7th Circuit En Banc Upholds Cause of Action By Condo Owners Whose Mezuzah Was Banned

In an en banc rehearing in Bloch v. Frischholz, (7th Cir., Nov. 13, 2009), an 8-judge panel held that plaintiffs, who were Jewish condominium owners, could have a claim under two provisions of the federal Fair Housing Act for action by the condominium association in reinterpreting its rules to ban residents from placing mezuzot on their outside doors. The court held that if it can be shown that defendants acted with discriminatory intent, there would be a cause of action under 42 USC §3604(b) (anti-discrimination ban) and §3617 (ban on interference with fair housing rights), even though the discrimination occurred after the purchase of the condo units. Under Section 3604(b), there would be discrimination in the conditions of purchase because plaintiffs' in purchasing agreed to abide by conditions later imposed by the condominium board. In finding that the Fair Housing Act can support a claim for post-purchase discrimination, the eight judges rejected the 2-1 decision of a three-judge panel in July 2008. (See prior posting.) Today's Chicago Sun-Times reported on the decision.

Evangelist Tony Alamo Sentenced To 175 Years On Mann Act Charges

Evangelist Tony Alamo, a self-proclaimed prophet and church leader, was sentenced by an Arkansas federal judge on Friday to 175 years in prison and $250,000 in fines on ten Mann Act counts charging him with taking young girls across state lines for sex. AP reports that a hearing is scheduled in January on whether his five victims are entitled to restitution as well. Alamo purported to marry each of the five victims while they were minors. In sentencing Alamo, Judge Harry F. Barnes told him: "Mr. Alamo, one day you will face a higher and a greater judge than me. May he have mercy on your soul." FBI and Arkansas state troopers raided Alamo's Arkansas compound last year. (See prior posting.) Prosecutors will work with federal prison officials to prevent Alamo from controlling his ministry and its businesses from prison.

Friday, November 13, 2009

US Sues To Seize Iranian Funded Mosqes and Schools In 4 US Cities

Yesterday in New York, federal prosecutors filed a civil complaint against the Alavi Foundation seeking forfeiture of over $500 million in assets including not only bank accounts and an office tower in New York, but also Islamic centers housing mosques and schools in New York City; Rockville, Maryland; Carmichael, California; and Houston, Texas. The New York Times yesterday reported that the lawsuit alleges the Foundation for years has been secretly controlled by officials of Iran, including Iranian ambassadors to the United Nations. The Islamic centers and schools will be allowed to carry on their normal activities as the case proceeds. They merely need to post notices of the civil complaint on the property. It is rare for the government to seize houses of worship. It is not clear what the government will do with the properties if it succeeds in the lawsuit. Funding of the mosques and schools may be impacted sooner if the federal government seizes the New York office building whose rents contributed to their funding.

The forfeiture claim stems from allegations that the Alavi Foundation illegally funnelled millions of dollars of rental income to Iran's state-owned Bank Melli. It is illegal to do business with the bank in the U.S. under Executive Order 13382. The Executive Order blocks U.S. property of those who support proliferators of weapons of mass destruction. Bank Melli is among those that are listed by the Office of Foreign Assets Control as covered by the ban.

UPDATE: Today's Washington Post reports on federal marshals delivering notice that begins the seizure proceedings at the Islamic Education Center in Potomac, Maryland.

US Officials Repatriate Bible Taken By Nazis In Kristallnacht

Earlier this week, federal Homeland Security officials participated in a ceremony at the Holocaust Museum in Washington, D.C. at which a 16th century Bible that had been seized 71 years ago by the Nazis on Kristallnacht was returned to the Jewish community of Vienna. Earlier this year, Immigration and Customs Enforcement (ICE) officials discovered that the Bible was being offered for sale by a New York auction house. ICE and the U.S. Attorney's Office in New York notified the Bible's owner-- who lived in Switzerland-- of its origins, and the owner agreed to its seizure by U.S. officials so it could be returned to Vienna's Jews to whom it had been donated in 1908. A press release from the U.S. Attorneys Office for the Southern District of New York indicated that the return, on the anniversary of Kristallnacht, was the third time this year that U.S. officials have repatriated artwork or property stolen during the Holocaust. Haaretz yesterday reported on the Bible's return.