Virginia's AG Says State Colleges Cannot Ban LGBT Discrimination

According to the Washington Post, Virginia's Attorney General Ken Cuccinelli II on Thursday sent a letter (full text) to the state's public colleges and universities advising them that:

the law and public policy of the Commonwealth of Virginia prohibit a college or university from including "sexual orientation," "gender identity," "gender expression," or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly.

Taxpayer Lacks Standing To Challenge Church's Use of School; Parent May Have Standing

In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 18892 (ND OH, March 3, 2010), an Ohio federal district court held that a local taxpayer lacks standing to bring an Establishment Clause challenge to the practice of a local high school in permitting a church to use the school building for its weekly religious services. The court held that it was unable at this stage of the litigation to determine whether or not a second plaintiff, the mother of a school child, had alleged sufficient injury to her child under the Establishment Clause to have standing.

UPDATE: In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 21876 (March 10, 2010), the court denied a motion for reconsideration.

9th Circuit Says Christians In Indonesia Face Likely Persecution, Torture

In Pelle v. Holder, (9th Cir., March 4, 2010), the U.S. 9th Circuit Court of Appeals held that the Board of Immigration Appeals should have applied disfavored group analysis in deciding whether appellant faced a clear probability of future persecution. Christians who are not ethnic Chinese are a disfavored group in Indonesia. Further, in the court's view, there was ample evidence that the Indonesian government is aware, and possibly complicit, in torture inflicted on Christians by Muslim extremists.

Qualified Immunity Applies To RFRA Claim Growing Out of Drug Search

In Jama v. United States, 2010 U.S. Dist. LEXIS 18554 (WD WA, March 2, 2010), a Washington federal district court held that the concept of qualified immunity applies in suits under the Religious Freedom Restoration Act, just as it applies in suits charging constitutional violations. It concluded that a police officer and a federal DEA agent had qualified immunity in a Muslim woman's lawsuit against them charging they had violated RFRA in forcing her to remain outside her apartment in a nightgown without her head covered while her apartment was being searched for evidence of khat distribution. No evidence was found. Two others detained in the same raid were unrelated males. Plaintiff's Muslim faith prohibits her from appearing in a state of undress or from appearing without a head scarf before unrelated males. In granting qualified immunity, the court held that it could not conclude that the right of a person to wear religious covering during a search of a her home was "clearly established" at the time of the search.

Court Issues Preliminary Injunction Barring Noise Prosecutions Against Church Bells

In St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, March 3, 2010), an Arizona federal district court issued a preliminary injunction barring the City of Phoenix from enforcing its Noise Ordinance against sound generated in the course of religious expression. The lawsuit was brought by churches which had been prosecuted or feared prosecution under the ordinance because of the level of sound from their carillon bells. (See prior posting 1, 2). The challenged law prohibits "unreasonably loud, disturbing and unnecessary noise." Plaintiffs alleged that the law's restrictions are unconstitutionally vague and violate their free expression and free exercise rights, as well as their rights under Arizona's Free Exercise of Religion Act. In granting the preliminary injunction, the court, focusing on plaintiffs' free expression challenge, said:

The Court finds, for the purposes of preliminary injunction analysis, that the Noise
Ordinance is neither precise enough nor clear enough to be considered narrowly tailored. The Noise Ordinance does not contain an objective standard, such as a decibel level, under which loud, disturbing, and unnecessary sounds are targeted to the exclusion of sounds that are not loud, disturbing, and unnecessary. Also, the exemptions from the Noise Ordinance are a scattershot list, providing an exception for government vehicles, noncommercial public addresses, ice cream trucks (or other uses of hand-held devices playing "pleasing melodies"),and nighttime street work, but not considering any other types of sound to be exempt from coverage. The government's interest in preventing the disturbance of its citizens by noise could be achieved by other, less restrictive means.

Alliance Defense Fund issued a release announcing the decision.

Religious Questionnaire To City Candidates Draws Criticism

In Farmington, New Mexico's recent municipal elections, the campaign manager for one of the losing City Council candidates secretly designed a scorecard to rank local candidates on their religious and social values. Yesterday's Farmington Daily Times says that candidate Bob Moon did not know that his campaign manager, Drew Degner, had designed the questionnaire that asked closed-end questions about issues such as church attendance, abortion rights and gay marriage. Some candidates refused to answer the questions and are critical of it. Degner said he designed the survey in order to help fellow Emmanuel Baptist Church members determine candidates' values. He did not distribute the scorecard beyond his church. Moon, a pastor, only posted a copy on the bulletin board at his church, My Father's House.

4th Circuit Upholds Church's Discrimination and RLUIPA Claims

In Reaching Hearts International, Inc. v. Prince George's County, (4th Cir., March 3, 2010), the 4th Circuit Court of Appeals agreed with a Maryland federal district court that a Seventh Day Adventist Congregation's rights under the Equal Protection Clause and RLUIPA were infringed when the county refused to grant a change in sewer and water classifications for a portion of property on which it planned to build a church. The court concluded:

the evidence presented at trial of the County's anti-church animus was very strong. The evidence thus supports the jury’s conclusion that (1) the County intentionally discriminated against Reaching Hearts on a prohibited ground, and (2) the County imposed or implemented a land use regulation in a manner that imposed a substantial burden on Reaching Heart’s religious exercise, without satisfying the standard of strict scrutiny.

Yesterday's Washington Post reports on the decision.

State Employees Say Boss Judged Them On the Quality of Their Religious Faith

The director of the Ohio Workers' Compensation Council is being accused of religious discrimination by her three-member staff-- two attorneys and an executive assistant. According to yesterday's Columbus Dispatch, Virginia McInerney, director of the Council that oversees the operations of Ohio's Bureau of Workers' Compensation, fired the staffers after they asked for separation agreements because of insurmountable inter-office tensions. The staffers say that McInerney, who often asked them to pray, was judging them "not on professional performance but on the quality of their faith, according to her beliefs." In letters to the state senator who chairs the Council, the three said McInerney told them she believed God placed her in her job and that the source of office conflict was an "inability to recognize her 'divine gift for editing.'"

Anti-Evolutionists Tying Curriculum Efforts To Global Warming Skepticism

Today's New York Times reports that critics of evolution who want alternative theories taught in public schools are beginning to tie that effort together with a similar push to encourage teaching of alternative theories about global warming. The strategy, being pursued in various states, builds on growing numbers of conservatives who have doubts about the science of climate change. Rev. Jim Ball of the Evangelical Environmental Network, a group that agrees with the science of global warming, says that many religious opponents believe "it is hubris to think that human beings could disrupt something that God created." As a legal matter, those tying the two issues together are reacting in part to a statement in a 2005 federal district court opinion finding that Cobb County, Georgia's singling out of evolution as a questionable theory in textbook stickers had the effect of advancing religion.

Church Lacks Standing To Sue Over Investigation of Its Loud Music

In Faith Baptist Church v. Waterford Township, 2010 U.S. Dist. LEXIS 18226 (ED MI, March 2, 2010), a Michigan federal district court held that a church lacks standing to complain about police investigations of complaints about the volume of music coming from the church during rehearsals, services and concerts. (See prior posting). The court said:

Plaintiffs have not articulated any concrete or particularized injury. FBC continues to hold services with the music of its choosing. There is no allegation that the nature of FBC's religious services changed in any way in response to the investigation of the noise complaints. There is no specific allegation that any right to free association has been impinged or that any church members were deterred from worshiping.... There is no allegation that FBC was ordered to stop their music or that anyone was ticketed, charged, or fined. In fact, Waterford's disturbing the peace ordinance, which they challenge as vague and overbroad, was not enforced against them. Further, the evidence suggests that Waterford does not have a present intention to enforce the ordinance against them....

Although the complaint alleges that the actions of the prosecutor and police have caused a "chilling effect" -- such bare allegations are insufficient to confer standing.

Texas Republicans Support Religious Reference At Public Gatherings and On Government Buildings

Tuesday's Texas Republican primary ballot included five "non-binding resolutions that are the party's way of gauging support for issues, and for informing voters and elected officials where the party's grassroots stand on the issues." One of those, Ballot Prop. #4 read:

The use of the word "God", prayers, and the Ten Commandments should be allowed at public gatherings and public educational institutions, as well as be permitted on government buildings and property.

The advisory measure passed by an overwhelming 95.14% majority, with 11.1% of the state's registered voters participating. (Official results.) Apparently this same measure will appear on the November general election ballot. (San Marcos Daily Record). Yesterday American Atheists issued a press release warning that if this proposal is formally adopted in the state, "it will prove to be unconstitutional and expensive for state taxpayers."

Key Christian Conservative Defeated In Texas Board of Education Primary

The Christian Post and the Baptist Standard report that in Tuesday's Texas Republican Party primary, State Board of Education member Don McLeroy lost to challenger Thomas Ratliff by fewer than 900 votes. The ousted McLeroy was an outspoken Christian conservative who has doubts about the theory of evolution. He has supported added emphasis in social studies courses on the role of Christianity in the founding of the United States. In a debate about evolution, he supported a proposal that science teachers encourage students to address the "strengths and weaknesses" of scientific theories. Different language was ultimately adopted. (See prior related posting.) According to the AP, winner Ratliff is considered a moderate. The 15-member board currently has 7 social conservatives who sometimes win on issues by picking up one or two other swing votes. Meanwhile conservative member Ken Mercer won his primary race. In the race for the seat of retiring conservative Cynthia Dunbar, conservative candidate Brian Russell will be in an April runoff with educator Marsha Farney. [Thanks to Scott Mange for the lead.]

Public Housing Authority Says No More On-Site Church Services

According to yesterday's Dallas News, the Dallas (TX) Housing Authority has ordered a halt to Sunday morning worship services in one of the public housing complexes it administers. For the past 14 years, Lake Highlands United Methodist Church has brought Sunday services to elderly residents of Audelia Manor. Now, however, MaryAnn Russ, Dallas Housing Authority CEO, says the worship services violate the DHA's contract with the U.S. Department of Housing and Urban Development as well as church-state separation principles. She says that worship services amount to agency endorsement of religion. New Housing Authority agreements with religious social service groups prohibit them from holding worship services in public housing units. However a HUD spokesman in Washington says that the Fair Housing Act does not prohibit religious activity in common areas of public housing as long the activity does not result in unequal treatment of residents.

UPDATE: The Dallas News reports that on Thursday, the Dallas Housing Authority reversed its decision. Religious services at Audelia Manor will resume on Sunday.

Bristish Airport Refuses Boarding To Muslim Women Who Rejected Body Scan

At Britain's Manchester Airport, two Muslim women have become the first passengers to be banned from boarding their flight because they refused to undergo a full body scan using an expensive new X-ray system. According to yesterday's London Express, one of the women objected on religious grounds and the other on medical grounds. The women, who had been randomly selected for scanning, had tickets to fly to Islamabad, Pakistan. An airport spokesman said: "These ladies were not in traditional Muslim dress and while they were not happy about being refused permission to fly there was no anger. They accepted the decision and did not complain." The privacy group Big Brother Watch offered to represent the women if they want to challenge the airport's actions in court.

Suit Challenges State Civil Rights Agency Jurisdiction Over Small Religiously-Motivated Group

A press release yesterday from the Thomas More Society announced that it has filed a lawsuit in Indiana state court challenging the authority of the Indiana Civil Rights Commission (ICRC) over the Fishers Adolescent Catholic Enrichment Society (FACES), a group of nine families who home-school their children. FACES was created to provide social occasions at which home-schooled children can interact in a religious context with one another. Problems arose when one mother whose daughter suffered from a serious food allergy insisted that her child have a special diet at a FACES banquet. FACES leaders believed that a home-prepared meal would be better, and refused the mother's request. The mother then filed a civil rights charge claiming that the refusal to accommodate her daughter amounted to discrimination on the basis of disability. The new lawsuit charges that the ICRC's assertion of jurisdiction over this kind of small voluntary association formed for religious purposes violates members' rights to freely associate in exercising and expressing their religious beliefs, protected by the Indiana and U.S. constitutions.

Cert. Denied In Establishment Challenge To Religious Displays In Postal Unit

On Monday, the U.S. Supreme Court denied certiorari in Sincerely Yours, Inc. v. Cooper, (Docket No. 09-608, 3/1/2010). (Order List). In the case, the U.S. 2nd Circuit Court of Appeals held that religious displays by the Full Gospel Interdenominational Church in the Contract Postal Unit it operates along side its ministry and outreach efforts in a store front facility in Manchester, Connecticut violate the Establishment Clause. (See prior posting.) AP yesterday reported on the Supreme Court's refusal to review the case.

Evangelical Group Wins Compromise In Settlement of Suit Over Tax Exemption

Kenneth Copeland Ministries on Monday announced the settlement of a lawsuit it had filed against Tarrant County (TX) Appraisal District challenging the denial of a tax exemption (see prior posting) for a $3.6 million jet owned by the evangelical religious group. BNA Daily Report for Executives (3/3/2010) [subscription required] gives further details. At issue was the county's requirement that the application for an exemption include the names, positions and salaries of all the organization's employees-- some 600 in total. KCM, which separately had been resisting Congressional demands for more financial information, refused to furnish the data arguing that it was protecting the privacy rights of its employees and the more general privacy rights of churches. In its view, only the Internal Revenue Service has authority to obtain this type of information from non-profits.

In the settlement in Eagle Mountain International Church Inc. v. Tarrant Appraisal District, Tex. Dist. Ct., No. 342-235701-09, agreed judgment entered 2/16/10, the county agreed to have KCM's employment records reviewed by a CPA who specializes in religious organizations. The county accepted as sufficient a report from the CPA that KCM's employee compesation was reasonable, without the underlying data going to the government.

European Court Grand Chamber Will Review Its Decision Banning Crucifixes In Italian Classrooms

The European Court of Human Rights announced yesterday that its 17-judge Grand Chamber will review a controversial decision handed down in November by a 7-judge panel in Lautsi v. Italy. The panel decision held that crucifixes in public school classrooms in Italy violate the European Convention on Human Rights' protections of thought, conscience and religion and the right of parents to educate their children according to their convictions. (See prior posting.) Business Week reported on the Court's decision to review the case.

High School Teacher Suspended Over Banning Wiccan Altar In Shop Class

A high school industrial arts teacher in Guthrie Center, Iowa has ben placed on paid leave pending the school's consultation with its attorney in an unusual dispute regarding student religious expression in class assignments. Yesterday's Des Moines Register reports that teacher Dale Halferty told a student that he could not build a Wiccan altar in shop class. While he could build a table that he could later use as part of an altar, Halferty told the student that he needed to keep all religious materials at home. However the student kept returning with a book on witchcraft. Halferty says he does not want any religious symbols in the shop, and previously told another student he could not build a cross in class. Almost 70 students have signed a petition saying they do not want witchcraft practiced in school. Halferty agreed, saying: "It scares me. I'm a Christian. This witchcraft stuff - it's terrible for our kids. It takes kids away from what they know, and leads them to a dark and violent life. We spend millions of tax dollars trying to save kids from that." Ben Stone, executive director of the Iowa Civil Liberties Union, says that students have the right to express their religious viewpoints within the context of a class assignment.

D.C. Catholic Charities Ends New Spousal Benefits To Avoid Recognizing Same-Sex Partners

Following up on their pledge to be in compliance with D.C. same-sex marriage law that takes effect today, Catholic Charities of Washington has stopped offering benefits to spouses of new employees. This avoids charges that the organization is illegally discriminating on the basis of marital status were it to refuse to recognize same-sex partners. CNS and Beliefnet report that the change will not affect employees whose spouses are currently covered. A letter to Catholic Charities employees from its CEO said: "We sincerely regret that we have to make this change, but it is necessary to allow Catholic Charities to continue to provide essential services to the clients we serve in partnership with the District of Columbia while remaining consistent with the tenets of our religious faith." While Catholic Charities CEO Edward J. Orzechowski says that the new D.C. statute requires that same-sex couples receive the same spousal benefits as heterosexual couples, in fact that requirement seems to stem from the anti-discrimination provisions of the D.C. Human Rights Law that prohibits employment discrimination based on sexual orientation or marital status.