Recent Prisoner Free Exercise Cases

In Merrell v. Lawler, 2010 U.S. Dist. LEXIS 3218 (MD PA, Jan. 15, 2010), a Pennsylvania federal district court dismissed an inmate's free exercise claim, but with leave to amend. Plaintiff alleged that because of a back injury, he was unable to climb steps to get to the fourth tier where the chapel was located. However he failed to name defendants that were responsible for obstructing his ability to use the chapel.

In Edwards v. Bruno, 2009 Conn. Super. LEXIS 3305 (CT Super., Nov. 9, 2010), a Connecticut trial court rejected claims of a Jewish prisoner that he was not given a reasonable opportunity to pursue his faith at Passover. He was given 7 pounds of matzoh, seder food prepared by an ordained rabbi, and a one-on-one seder conducted by the Protestant chaplain (who was also a Messianic rabbi).

In Rubio v. Diaz, 2010 U.S. Dist. LEXIS 3776 (WD TX, Jan. 15, 2010), a Texas federal magistrate judge dismissed free exercise and RLUIPA claims by an inmate who complained that his writing material, including his Bible and his Bible study correspondence, were confiscated pursuant to a subpoena generated by an investigation by the Texas Rangers. He claimed his personal Bible had the names and addresses of his family members in it, and he needed it to communicate with them. He says it also had sentimental value to him.

In Canada v. Ray, 2010 U.S. Dist. LEXIS 4115 (WD VA. Jan. 19, 2010), a Virginia federal magistrate judge recommended that a Muslim inmate be permitted to move forward with his claim that his free exercise rights and his rights under RLUIPA were violated when he was required to either face discipline or take a tuberculosis skin test which he claimed contained alcohol or pork products, both forbidden by Muslim law.

In Reynolds v. Newcomer, 2009 U.S. Dist. LEXIS 123469 (WD LA, Dec. 21, 2009), and in Carr v. Newcomer, 2009 U.S. Dist. LEXIS 123559 (WD LA, Dec. 21, 2009), a Louisiana federal magistrate judge concluded that inmates' religious exercise was not substantially burdened, and recommended that the claims in two similar cases be dismissed as frivolous. Plaintiff claimed they have been denied the right to receive religious material such as Bibles, books, and magazines; and that the warden allows Pentecostalists and other Christian "sects" to proselytize inmates in the dormitory's common day room. One of the plaintiffs also claimed that shortly after his arrival at the prison, his religious pendant -- a gift from his grandfather -- was confiscated and that he was denied a Bible shipped to him because it was improperly packaged.

In Windham v. Pierce, 2010 U.S. Dist. LEXIS 4518 (SD TX, Jan. 21, 2010), a Native American inmate challenged the requirement he take a test before being transferred to a Native American designated prison. When he was transferred without taking the test, he objected that there is no volunteer to lead services and the circle is inactive. His first claim was dismissed as moot, and his second was dismissed without prejudice because it should be brought in a different venue.

In Jihad v. Fabian, 2010 U.S. Dist. LEXIS 4749 (D MN, Jan. 21, 2010), a federal district court approved a magistrate's recommendations (2009 U.S. Dist. LEXIS 123652, Dec. 23, 2009) and refused to grant a temporary restraining order or preliminary injunction in response to plaintiff's complaints regarding impediments to his practice of Islam. Plaintiff, claiming a violation of his free exercise rights and of RLUIPA, alleged that authorities failed to provide a Muslim chaplain and enough Islamic services; prohibited religious meetings without a volunteer present; failed to provide Halal meals and a location where he can perform five daily salat (prayers); and prohibited him from wearing a Kufi (prayer cap) or an Islamic medallion outside of his clothing.

Mother Who Starved Children, Relying on God, Convicted of Endangerment

The Newark (NJ) Star-Ledger reports that a Sussex County (NJ) jury on Thursday convicted 50-year old Estelle Walker of child endangerment. Police found Walker's four malnourished children in a lakeside cabin in 2006. Walker's lawyer claimed that Walker was not responsible because she acted out a a delusional religious belief that God will provide. She did not eat either, and merely prayed with her children. Walker faces up to ten years in prison on each of four counts of second-degree endangerment. Earlier she had rejected a plea bargain that would have allowed her to go free with the one year time already served while she had not been able to post bail. She said she had been directed through prayer not to accept the arrangement. During Walker's trial, a psychiatrist testified that she is religious to an extreme degree, but not mentally ill.

Philippines Makes Eid'l Adha a National Holiday

The Manila (Philippines) Bulletin on Friday reported on the signing last month by President Maria Gloria Arroyo of a new law that makes the Muslim holiday of Eid'l Adha (Feast of the Sacrifice) a national holiday in the Philippines. Under a law that Arroyo signed in 2002, Eid'l Fitr is already a national holiday. The Office of Muslim Affairs has been given the authority to determine the dates of the two Muslim festivals which come at different times each year on the secular calendar. At a recent Muslim Inter-Organizational Meeting, participants also debated a bill that had been introduced into the Philippine Parliament to prohibit the pejorative use of "Muslim" and "Christian" to identify those charged with crimes. Only 5% to 10% of the Philippine population are Muslim. (Wikipedia).

Tribal Government Funds Rebuilding of Catholic Church On Reservation

The Indian Civil Rights Act of 1968 imposes most of the restrictions found in the Constitution's Bill of Rights and in the 14th Amendment on Tribal governments. However, it does not impose Establishment Clause limitations on tribes. This has permitted the tribal government of California's Rincon Indian Band to pay $3.2 million in tribal funds derived from Harrah's Rincon Casino to rebuild an expanded Catholic Church on the Rincon reservation. Today's San Diego Union Tribune reports that the prior Chapel, built in the 1930's, was one of 65 buildings on the reservation destroyed by fire in 2007. Approximately 80% of the Rincon tribe members are Catholic.

Pope Keeps Cardinal Bertone On As Secretary of State

Zenit reported this week that Pope Benedict XVI will keep Cardinal Tarcisio Bertone as the Vatican's Secretary of State even though the Cardinal has reached age 75 which makes him eligible for retirement. A letter from the Pope announcing his decision said that Bertone had played a particularly valuable role in building a dialogue with Archbishop Marcel Lefebvre who is the founder of the traditionalist Society of St. Pius X.

California Proposes Halal and Expanded Vegetarian Diets For Prisons

On Jan. 16, the California Department of Corrections and Rehabilitation issued a Notice of Proposed Regulations that would add a halal meat alternative program as a third religious dietary option for inmates at all adult institutions in the state. Participation in the program will be open to Muslim inmates and other inmates with a religious need to consume halal meat, as determined by a Muslim Chaplain. The proposed regulations would also amend existing regulations for vegetarian diets to make it clear that it is available to inmates who seek it for a personal or ethical reasons, as well as those who request it for religious reasons. The Notice says that the purpose of the proposed regulations "is to avoid future costly litigation and unnecessary expenses to the taxpayers of the State of California." Links to all the formal notices, text and forms involved are available from the CDCR website. Yesterday's Fresno Bee reported on the proposed regulations.

Passenger's Tefillin Leads To Security Scare and Emergency Landing

A U.S. Airways Express plane with 15 passengers aboard en route from New York's LaGuardia Airport to Louisville yesterday made an emergency landing in Philadelphia after a flight attendant became concerned when a 17-year old Jewish youth put on tefillin for his morning prayers. According to the Philadelphia Inquirer, neither the flight attendant nor the pilot had ever seen tefillin-- small leather boxes containing scriptural verses connected to leather straps and placed on the arm and head. The pilot reported that a passenger had a device with "wires" on the plane. In a statement, the airline said the crew "did not receive a clear response" when they asked the passenger about the tefillin. Law enforcement vehicles surrounded the plane when it touched down and it was taken to a remote area where the boy, and his sister who was travelling with him were removed. Apparently with 20 minutes or so, police decided the pair, shaken by the experience, posed no threat. A TSA statement referred to the unscheduled landing as a "disruptive passenger" incident.

Group Urges Action To Appoint International Religious Freedom Ambassador

CNSNews reported yesterday that the Christian Advocacy group, Open Doors USA, has begun a petition drive to urge President Obama to fill the vacant position of Ambassador-at-Large for International Religious Freedom. Open Doors spokesperson Lindsay Vessey said that an appointment is needed to demonstrate the importance of international religious freedom. The position was created by the International Religious Freedom Act of 1998 (IRFA). Washington Post's On Faith reported that rumors circulating in the capital suggest that the White House is considering prominent New York City pastor, Rev. Suzan Johnson Cook, for the position. Meanwhile, international religious freedom advocates are also concerned that the Ambassador-at-Large position does not carry enough clout to affect foreign policy.

Also yesterday, the U.S. Commission on International Religious Freedom released a letter it sent earlier this month to President Obama urging him to designate Vietnam a "Country of Particular Concern" under the IRFA. It also asked him to press Congress to pass the proposed Vietnam Human Rights Act (S. 1159/ H.R. 1969). USCIRF had already recommended adding Vietnam to the list in its 2009 Annual Report issued last May. (See prior posting.)

Bible References On Rifle Sights Will End

Trijicon, Inc. issued a statement yesterday voluntarily agreeing to stop its previously reported practice of including coded references to Bible verses as part of the serial number on rifle sights supplied to the military. The New York Times reports that the company will also supply the Pentagon with 100 free modification kits that will allow the military to remove the serial numbers from rifles of units deployed in combat. Foreign military units will also be offered the kits. Trend reports that Australia and New Zealand have both announced that they will remove the inscriptions from rifle sights issued to their military. Meanwhile, blogger Christian Fighter Pilot suggested this week that there was in fact a close tie-in between the Biblical verses chosen by Trijicon and the rifle sights. The sights use fiber optic and light enhancement technology, and all of the Bible verses chosen (Old and New Testament) include "light" as a theme.

Alaska Appellate Court Says Religious Belief in Marijuana Was Not Sincere

In Lineker v. State, (AK Ct. App., Jan 20, 2010), the Alaska Court of Appeals in a 2-1 decision upheld a trial court's finding that defendants had not established that their possession of marijuana was supported by a sincere religious belief. Judge Mannheimer dissenting argued that the trial court's findings in places seemed to assess the sincerity of defendants' beliefs by examining whether they were unorthodox. (See prior related posting.)

Court Holds Church Can Tear Down Historic Rectory

In Stamford, Connecticut, a state trial court judge on Wednesday refused to enjoin St. Andrew's Episcopal Church from tearing down its its 136-year old rectory building. The Stamford Advocate reports that in a 26-page opinion the court rejected the challenge brought under a rarely used state law that allows any citizen to sue to prevent the "unreasonable" destruction of historic buildings. In denying the temporary injunction. the court concluded that there is no feasible or affordable alternative to the church's arrangement with a real estate developer.

Suit Challenges Regulation of Spiritual Counsellors As Fortune Tellers

Yesterday's Richmond (VA) Times-Dispatch reports on a lawsuit filed in federal district court in Virginia challenging the constitutionality of a Chesterfield County (VA) law that regulates "spiritual counsellors" in the same way that fortune tellers are regulated. This includes a requirement to obtain a permit after a background check and character references, as well as zoning restrictions and a $300 license tax. Spiritual adviser Sophie King says she is engaged in a religious activity. She says she is not a fortune teller because she merely relays information she receives without knowing how it relates to her individual client. The county, in a motion to dismiss filed this week, says that King is engaged in a business that may be regulated. The motion to dismiss also argues that the federal court lacks jurisdiction over challenges to the county's business license tax or zoning ordinance.

Diocese Challenges Designation of Church As Historic District

Yesterday's Springfield (MA) Republican reported that the Roman Catholic Diocese of Springfield has filed suit in state court seeking to enjoin enforcement of a city ordinance enacted last December that creates an historic district out of Our Lady of Hope Church. The suit, filed against the city, the mayor and the council members in office when the district was created, also seeks unspecified damages. Historic district designation means that the building may not be torn down, and no changes can be made to its exterior, without approval of the city's Historical Commission. The complaint alleges that by limiting its ability to control church buildings, including religious symbols on them, the ordinance infringes the Diocese's constitutionally protected free exercise rights and freedom of expression, as well as violating equal protection guarantees, under both the state and federal constitutions.

Egypt's High Administrative Court Overturns Ban On Niqab In University Exams

World Bulletin reports that on Wednesday, Egypt's High Administrative Court overturned a ban imposed by the Minister of Higher Education on female students wearing the full-face niqab in university examinations. The court said:

Freedom to wear the niqab is guaranteed by human rights and constitutional liberties, and a girl's right to dress the way she sees fit in accordance with her beliefs and her social environment is a firm right that cannot be violated.

The court added, however, that a student must show her face when asked to do so for security reasons. The decision reverses one handed down by a Cairo court earlier this month. (See prior posting.)

Supreme Court Decision Impacts Those Seeking Asylum Because of Religious Persecution

The U.S. Supreme Court yesterday handed down an immigration law opinion that has important implications in cases in which an individual about to be deported or removed seeks to reopen proceedings to claim asylum because of religious persecution in his country of origin. A federal regulation makes discretionary a decision to reopen proceedings to consider changed conditions relating (among other things) to religious persecution in his country of origin. In Kucana v. Holder, (Sup. Ct., Jan. 20, 2010), the Court, in an opinion by Justice Ginsburg, held that a statutory bar to judicial review of decisions by the Attorney General that are made discretionary by statute does not apply to decisions by the Attorney General made discretionary only by federal regulations. In this case, an Albanian citizen sought political asylum, fearing political persecution. His motion to reopen his removal proceedings was based on claims that conditions in Albania had worsened. Justice Alito filed a concurring opinion. ScotusBlog reports on the decision.

Court Rejects Claim of Religious Exemption From Income Taxes

In Bennett-Bey v. Shulman, (D DC, Jan. 20, 2010), the federal district court for the District of Columbia dismissed a pro se complaint in which plaintiff claimed a free exercise exemption from having federal income taxes withheld from her salary. Tanya Bennett-Bey alleged that she had sovereign immunity from federal taxes because she is a beneficiary of the Great Moorish Estate Express Trust, which makes her "a Moorish American Citizen." The court first found that it lacked jurisdiction because plaintiff had never filed for a refund from the IRS. Beyond that, plaintiff failed to allege that paying federal income tax would place a substantial burden on her free exercise of religion.

Rifqa Bary Remains In Foster Care, Agrees to Counseling

The Columbus Dispatch reported yesterday that a sort of detente has been reached in the case of Rifqa Bary, the 17-year old who fled her home in Ohio after converting from Islam to Christianity. She fled to a pastor in Florida, claiming her father had threatened to kill her because of the conversion. Florida courts eventually returned her to Ohio. At a court hearing in Columbus (OH) on Tuesday, both sides agreed that Rifqa would remain in a foster home where she is now living in temporary custody of Franklin County (OH) Children Services. Rifqa and her parents will go through counseling. If they are not reconciled, when Rifqa turns 18 in August when will be considered an adult and will be free to live wherever she wishes. Also in the court hearing, Rifqa admitted she was unruly in running a way from home, but the court will impose no sanctions on her. During the hearing, Rifqa, carrying a wooden cross and wearing a rhinestone crucifix necklace, clung to her attorney, Angela Lloyd. (See prior related posting.)

Japan's Supreme Court Says City's Gift of Site For Shrine Is Unconstitutional

Japan's Supreme Court yesterday ruled that the city of Sunagawa violated the Japanese Constitution when it allowed city-owned land to be used without charge as a site for a Shinto shrine. Article 20 of the Constitution bans religious organizations from receiving any privileges from the State and bars the government from engaging in religious activity. According to today's Japan Times , the Supreme Court's Grand Bench wrote: "It is inevitable that the general public would believe the local government supports a specific religion if it provides specific benefits to it." The Court remanded the case to the Sapporo High Court for it to fashion a remedy other than removal of the shrine.

Hundreds Killed In Muslim-Christian Violence In Nigeria

Reports from the Nigerian city of Jos say that between 200 and 400 people were killed and over 4,000 were injured in three days of violence between Muslims and Christians that began January 17. The Kyiv Post reports that most of the violence took place in the city's poor neighborhoods. There are conflicting reports on what started the violence. Next reports that the Plateau state government has imposed a 24-hour curfew and that the federal government has ordered the deployment of troops to the area.

Visa Bans for Two Muslim Scholars Lifted

Reuters reported yesterday that Secretary of State Hillary Clinton has signed orders ending the bans on granting visas to two Muslim scholars--Prof. Tariq Ramadan of Oxford University and Prof. Adam Habib of Johannesburg University. Originally government officials gave no reason for revoking Ramadan's visa, but later said it was based on a provision of the Patriot Act that allows exclusion of individuals who have supported terrorism. Ramadan is also banned from some Arab countries for his criticism of their failure to support the Palestinians. The ACLU issued a press release praising Secretary Clinton's actions.