Illinois Appeals Court Issues TRO To Stop Relocation of Graves In O'Hare Expansion

The Chicago Tribune and NBC Chicago report that an Illinois appellate court on Thursday issued a temporary restraining order barring the city of Chicago from relocating any more graves from the St. Johannes Cemetery. In long-running litigation, the city is attempting to obtain the cemetery land to use for expansion of O'Hare International Airport. Earlier this month, a DuPage County trial court ordered the transfer of title of the 5.3-acre cemetery from St. John's United Church of Christ to the city for $630,000. (See prior posting.) Since then, the city has relocated 24 graves to nearby cemeteries with the consent of the families of the deceased. The new TRO prevents the city from taking further action on disinterments while an appeal is pending even where it has already received permission from families. However families may still relocate graves, so long as the city is not involved. In the case, church members have so far unsuccessfully argued that removal of graves substantially burdens their religious exercise.

Head of White House Faith Based Office Outlines Its Goals

On Thursday, Joshua DuBois, Executive Director of the White House Office of Faith-based and Neighborhood Partnerships gave a speech (full text) at the Brookings Institute on the broad vision of the Office and its work over its first year. Here is an excerpt:

From storefront churches in South Carolina to huge congregations in the Midwest, everyone from religious leaders to civil libertarians had the perception that the faith-based office consisted of a big pot of money in the White House – dollars everyone knew about, but only a politically-connected few had access to..... [I]t is an often misunderstood point that there is absolutely no dedicated funding stream specifically for faith-based groups....

[A]t the end of the day, President Obama knows that the relationship between the federal government and religious organizations must not be about money alone. Many faith-based groups do not want to receive federal funds, because of the various restrictions attached to those dollars. Many others should not receive federal grants, because they're either unable or unwilling to separate those funds and use them through appropriate means.

So we must find a way to work with the vast majority of those faith-based organizations who will not receive money from the government, while insuring of course that those who wish to apply for and receive federal support do so in a way that respects both their rights and responsibilities....

[O]ur guiding vision is this: to connect with faith-based and other neighborhood organizations on specific challenges confronting our communities, and partner with those groups to strengthen their good work. Critically, this support may not always be through federal grants. We do not measure our success based on how many dollars flow to faith-based organizations. Instead, we measure our success based on the impact that our partnerships with faith-based and other neighborhood groups have on individuals, families and communities across the country.

Christian Teachers Group Denied Standing To Challenge School Consent Decree

In Minor Doe I v. School Board for Santa Rosa County, Florida, (ND FL, Feb. 19, 2010), a Florida federal district court rejected an attempt by the Christian Educators Association International to intervene to seek a modification of a consent decree under which the Santa Rosa County school board was enjoined from various activities that promoted religion in school classrooms and at school events. CEAI claimed that its members' religious speech was chilled by the consent decree. In an earlier ruling the court held that CEAI lacked standing to seek to totally vacate the decree. Now the court concludes that CEAI lacks standing to intervene to modify the decree because the fears of restrictions on their speech that CEAI members allege are not objectively reasonable.

The court found that it is objectively unreasonable for CEAI members to believe that the language of the decree requires them to refrain from all religious speech in any context at school or at informal gatherings such as retirement parties, or to believe they cannot have small personal religious items in their personal area or a drawer or cannot attend a baccalaureate service in their personal capacity. It is also unreasonable for them to believe the consent decree requires them to exclude all reference to religion from personal conversation with colleagues or parents or to censor students' creative work. The court found alternatively that CEAI lacks organizational standing since any speech rights that are chilled depend on highly individualized facts that are not common to all of CEAI's members. Finally, the court concluded that the motion to intervene was not timely.

The ACLU of Florida issued a press release announcing the decision. Liberty Counsel also issued a press release saying that it will now file a direct lawsuit against the school district to attempt to get the consent order overturned. It characterized the court's ruling as one that "has elevated this case to nuclear war." Today's Pensacola (FL) News-Journal also reports on the decision.

Appellate Court Upholds Beth Din Arbitration Award

In Matter of Brisman v. Hebrew Academy of Five Towns & Rockaway, (NY App. Div, Feb. 16, 2010), a New York appellate court upheld an arbitration award by the Beth Din of America (a Jewish religious court) which found that a tenured teacher in a Jewish religious school was wrongfully terminated. The arbitrators ordered him reinstated and awarded him his lost pay. The decision reversed the trial court (see prior posting) which had refused to confirm the award because it required the school to employ an "at will" teacher who has a clear difference in religious philosophy from the administration for an indefinite tenure. The Appellate Division said that none of the narrow statutory grounds for vacating an arbitration award had been shown.

DC Archdiocese Ends Foster Care Services Over New Same-Sex Marriage Law

CBN News reported yesterday that in Washington, DC, the Catholic Archdiocese has transferred its entire program of foster care services to the non-profit National Center for Children and Families. The Archdiocese made the move, after 80 years of furnishing services, because DC's new same-sex marriage law that will take effect shortly could require it to allow same sex couples to serve as foster parents, in violation of Church teachings. (See prior related posting).

Cert. Filed In Arizona Tuition Case, Challenging Standing

A petition for certiorari to the U.S. Supreme Court (full text) was filed yesterday in Arizona Christian School Tuition Organization v. Winn. In the case, a 3-judge panel of the 9th Circuit found taxpayer standing and ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.) The 9th Circuit then denied en banc review, but with 40 pages of opinions. (See prior posting.) The cert. petition seeking Supreme Court review focuses on the issue of standing. Alliance Defense Fund announced the filing of the cert. petition.

Virginia Christian Clergy Urge Defunding of Planned Parenthood

Dozens of Virginia's most influential Christian leaders, including Rev. Pat Robertson and Rev. Jonathan Falwell, have signed a petition to the state's governor, lieutenant governor and attorney general asking them to take steps to cut off state funds that go to Planned Parenthood. AP reported yesterday that the petition presented by the Virginia Christian Alliance complained that Planned Parenthood provides abortions. It accused the organization of "unethical, immoral and racist practices." Pastors cite a quotation from the 1939 book written by Margaret Sanger, the founder of Planned Parenthood, who supported the now-discredited theory of eugenics. Planned Parenthood says this does not represent its values today. It is unclear how much Planned Parenthood receives in state funds.

ACLU Seeks USAID Documents On Funding of Abstinence Programs Overseas

The ACLU announced yesterday that it has filed a Freedom of Information Act lawsuit seeking documents from the U.S. Agency for International Development relating to USAID's funding of some abstinence-only-until-marriage programs overseas that reflect a religious perspective. The complaint (full text) in ACLU v. U.S. Agency for International Development, (SD NY, filed 2/18/2010) follows up on a report (full text) issued last year by USAID's Inspector General. It seeks documents to properly understand whether USAID is properly monitoring grantees to assure that federal funds are not being spent on religious activities in violation of the Establishment Clause. (See prior related posting.)

Obama Meets Dalai Lama At White House

President Obama yesterday met at the White House with the Dalai Lama. A statement (full text) by Press Secretary Robert Gibbs after the meeting said:

The President stated his strong support for the preservation of Tibet's unique religious, cultural and linguistic identity and the protection of human rights for Tibetans in the People’s Republic of China. The President commended the Dalai Lama's "Middle Way" approach, his commitment to nonviolence and his pursuit of dialogue with the Chinese government.

Wednesday's Washington Post outlined the careful balancing act Obama is carrying out in setting up a meeting in a way that honors the Tibetan leader without enraging the Chinese excessively. For example, the meeting took place in the Map Room rather than the Oval Office.

Saudi Court Sentences Religious Police Official For Having Too Many Wives

Reuters reported Wednesday that a Saudi Arabian court has convicted a man in his 50's who holds an administrative position with the Saudi religious police of having six wives. The man claimed he was not educated enough to know that Islam does not allow him to be married to more than four women at the same time. The court in Ahad-al-Massarha in the southern province of Jazan said it did not believe his claims. It sentenced him to 120 lashes, banned him from preaching and leading prayers, ordered him not to travel abroad for 5 years and required him to memorize two chapters from the Qur'an.

Virginia Governor's New Equal Opportunity Order Eliminates Sexual Orientation Protection

Earlier this month, Virginia Gov. Bob McDonnell signed Executive Order No. 6 on Equal Opportunity in all facets of state government, superseding an Equal Opportunity executive order signed in 2006 by Gov. Tim Kaine. The new order eliminates reference to a ban on discrimination on the basis of sexual orientation-- a category that was included in the prior executive order. It also calls for the state to take "appropriate" measures to emphasize recruitment of minorities. Gov. Kaine's EO called for "affirmative" measures. TPM on Wednesday, in an article reviewing the situation, said that Gov. McDonnell has also signed a different memo calling for equal opportunity for all in the Governor's office in hiring, promotion, discipline and termination. It urges all other cabinet secretaries to implement a similar policy.

Court Tells Prosecutor To Remove Ash Wednesday Markings

Ash Wednesday yesterday led to an unusual ruling in a Marshall County, Iowa courtroom. Today's Marshalltown (IA) Times-Republican reports that after the lunch recess in an attempted murder trial, the prosecutor handling the case returned to court with ash on his forehead-- a traditional Catholic practice on the day on which Lent begins. The court agreed with defense counsel that the ash should be removed before the jury returned to avoid improper influence for or against the prosecution's case. Assistant County Attorney Paul Crawford complied, saying he understood the request was made out of an abundance of caution.

9th Circuit Rejects Church Members' Attempt To Prevent Marijuana Seizure

In Multi-Denominational Ministry of Cannabis and Rastafari, Inc. v. Holder, (9th Cir., Feb. 16, 2010), the U.S. 9th Circuit Court of Appeals dismissed an action by members of a religious organization seeking to enjoin further seizures by government officials of their marijuana plants. Among the various grounds for rejecting plaintiffs' First Amendment, RLUIPA and RFRA claims was a finding that the government had a compelling interest in preventing diversion of thousands of marijuana plants to non-members of the church. Courthouse News Service reported on the decision.

Utah Supreme Court Hears Arguments In Two FLDS Cases

The Utah Supreme Court yesterday heard oral arguments (recording of full arguments) in two cases relating to the ongoing efforts of the state of Utah to reform the FLDS United Effort Plan Trust. Yesterday's Salt Lake Tribune reports that the first case, FLDS v. Lindberg, involves the question of whether FLDS church members can collaterally attack reform of the trust over three years after the trial court entered its order. The second case, Snow, Christensen & Martineau, involves the trial's court's disqualification of a law firm from representing FLDS members in an action against the trust because the firm previously had a legal relationship with the trust. (See prior related posting.)

New Hampshire House Refuses To Backtrack On Same-Sex Marriage

The Concord (NH) Union Leader reports that on Monday the New Hampshire House of Representatives voted down two proposals that would have backed away from the state's recognition of same-sex marriage. By a vote of 201-135, the House defeated a proposed state constitutional amendment (CACR 28) that would have defined marriage as being only between a man and a woman. An hour later, by a vote of 210-109, the House defeated HB 1590 that would have enacted a statutory repeal of same-sex marriage in the state.

French Politicians Criticize Restaurant Chain For Serving Halal Meat

Reuters today reports that in France, various politicians are criticizing Quick, a fast-food chain, for deciding to serve only halal meat in eight of its restaurants that have a large Muslim clientele. Marine Le Pen, vice president of the far-right National Front, argued that the restaurant's customers "are forced because of halal meat to pay a tax to Islamic organizations" that certify the food. She also criticized President Nicolas Sarkozy for supporting a "forced Islamization of France" because almost all of Quick's stock is owned by an arm of the state-owned savings bank, the Caisse des Depots et Consignations.

Other politicians joined in. Rene Vandierendonck, the Socialist mayor in the town of Roubaix, threatened to sue, and Lionnel Luca, a conservative member of parliament called for a boycott to restore "freedom of choice." Agriculture Minister Bruno Le Maire added his criticism, saying: "When they remove all the pork from a restaurant open to the public, I think they fall into communalism, which is against the principles and the spirit of the French republic." However a marketing firm executive says Quick is merely responding to competition from smaller Halal restaurants.

EEOC Files One Religious Discrimination Suit; Settles Another

The EEOC announced last week that it had filed suit in a North Carolina federal district court against a Goldsboro, North Carolina construction company that refused to accommodate the religious needs of Seventh Day Adventist employees. The lawsuit against T.S. Loving Co. alleges that eventually the day laborers were fired because of their refusal to work on their Sabbath which runs from sundown Friday to sundown Saturday.

Yesterday, in another case, the EEOC announced that UPS Freight, one of the country's largest trucking companies, will pay $46,000 to a Rastafarian who was fired shortly after he was hired because he refused for religious reasons to cut his hair or shave his beard. In the settlement of the EEOC lawsuit that had been filed in a Pennsylvania federal district court, the company also agreed to an injunction prohibiting it from engaging in religious discrimination or retaliation, to anti-discrimination training and to post a notice of the settlement. (See prior related posting.)

Settlement Reached In Suit Alleging Proselytizing of Clients By Salvation Army

The New York Civil Liberties Union yesterday announced a settlement agreement relating to part of the claims in Lown v. Salvation Army. In 2005 (see prior posting), a New York federal district court permitted a taxpayer's suit to proceed challenging the alleged use of government social service funds by the Salvation Army to proselytize clients. Under the settlement, six governmental agencies in New York City, Long Island and New York state have adopted auditing procedures or standards of conduct that will be used to monitor the Salvation Army to make sure it does not force clients in need of government-funded social services to also attend religious worship or instruction. The NYCLU will receive regular reports from the agencies, and the court will maintain jurisdiction over the agreement for two years to make sure it is enforced.

County Commissioners Will Lead Prayer Instead of Ministers

Buncombe County, North Carolina county commissioners have been discussing with their county attorney the implications of a federal court decision ruling that the invocation policy in another North Carolina county violates the Establishment Clause. Last month, a federal district court held that Forsyth County's policy as implemented advances one particular faith. (See prior posting.) Now, according to yesterday's Asheville Citizen-Times, Buncombe County will stop inviting ministers to deliver an invocation, and instead the county commissioners themselves will offer the opening prayer at each commission meeting.

Court Orders Exhumation So Deceased's Cremation Wishes Can Be Carried Out

In Hiller v. Washington Cemetery, (NJ App., Feb. 16, 2010), a New Jersey appellate court agreed that the body of decedent Irving Gottesman should be disinterred so that it can be cremated and his ashes scattered in accordance with his clearly expressed wishes. Irving Gottesman had been born into an Orthodox Jewish family, but did not remain observant after his early years. However his brother Bert did. When Irving died, Bert, within hours, had Irving's body buried in a Jewish cemetery. This prevented the woman with whom Irving was romantically involved from being able to make arrangements for cremation, even though Irving's will called for her to be the one to make funeral arrangements. Both the trial and appellate courts saw no reason that Irving's wishes should not be carried out. [Thanks to Steven H. Sholk for the lead.]