9th Circuit Rejects Challenge To "In God We Trust" On Coins and Currency

In Newdow v. Lefevre, (9th Cir., March 11, 2010), the U.S. 9th Circuit Court of Appeals yesterday rejected an Establishment Clause challenge to the inscription of "In God We Trust" on U.S. coins and currency. It relied on a 1970 decision by the 9th Circuit that held the motto is patriotic or ceremonial, not theological or ritualistic. The court also rejected a challenge under the Religious Freedom Restoration Act. The court rejected on standing grounds plaintiff Michael Newdow's broader claim that the mere adoption of "In God We Trust" as the national motto was unconstitutional. Judge Reinhardt concurred only in the result.

Lawsuit Challenges Zoning Refusal For Bible Camp

Three brothers who have been refused zoning approval to build a year-round Bible camp and conference center that would serve youths with medical disabilities in the summers have filed a federal lawsuit challenging the refusal. The complaint (full text) in Eagle Cove Camp & Conference Center, Inc. v. Town of Woodboro, Wisconsin, (WD WI, filed 3/10/2010), alleges that the refusal to allow the camp on plaintiffs' Squash Lake property violates RLUIPA, the ADA, and constitutional equal protection and free exercise protections. Plaintiffs allege, among other things, that the town of Woodboro discriminates against missionary, outreach and evangelical religious exercise carried out by Bible camps. Yesterday's Rhinelander (WI) Daily News reported on the lawsuit. (See prior related posting.) [Thanks to Art Jaros for the lead.]

Cert. Filed In Dispute Over Display of Kindergartener's "Jesus" Poster

On Wednesday, a petition for certiorari (full text) in Peck v. Baldwinsville Central School District was filed with the U.S. Supreme Court. In the case, the 2nd Circuit dismissed a viewpoint discrimination lawsuit brought by parents who charged that a kindergarten teacher and a principal displayed their son's poster on environmental issues only after folding under a picture of Jesus on the poster so it was not visible. The court concluded that plaintiffs in their action for injunctive and declaratory relief had not shown a likelihood of future censorship or an official policy of regularly violating students' free speech rights. (See prior posting.) Liberty Counsel issued a press release announcing the filing of the petition for review.

Egypt's Sheik Tantawi, Head of Al Azhar, Dies

According to the New York Times, Egypt's chief religious official, Sheik Mohamed Sayed Tantawi, died yesterday during a visit to Saudi Arabia. He was 81. As head of Egypt's most prestigious center of Islamic learning, Al Azhar, Tantawi held sway over government policy on which books and films should be banned. He worked with President Hosni Mubarak's government to enforce moderate interpretations of Islam, and was sometimes criticized for giving religious legitimacy to the government. Last year he banned female students at Al Azhar from wearing full face veils. (See prior posting.) Tantawi strongly condemned the 9-11 attacks and the 2005 London subway attacks. (See prior posting.) Tantawi's willingness to interact with Israelis made him a controversial figure.

Virginia Governor Backs Equal Employment Opportunity for LGBT

Less than a week after Virgina's attorney general told public colleges in the state that they may not ban discrimination based on sexual orientation, gender identity or gender expression (see prior posting), Virgina Governor Robert McDonnell has taken a somewhat different view. He issued Executive Directive 1 (2010) prohibiting employment discrimination by cabinet members or executive branch agencies. It reads in part:

The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution. Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.

The Culpepper (VA) Star Exponent reports on developments. The Directive expands on an earlier equal opportunity memo signed by McDonnell that did not explicitly mention sexual orientation. (See prior posting.) [Thanks to Scott Mange for the lead.]

Irish Pubs Want Good Friday Exemption For Rugby Viewers

Yesterday's London Mail reports that Ireland's ban on the sale of alcohol on Good Friday is creating significant problems for rugby fans. The much anticipated Munster v. Leinster match is scheduled for Good Friday, and while alcohol can be sold inside the stadium, that does not satisfy those who plan to watch the match in their local pubs. The Vintners Federation of Ireland is seeking a six-hour exemption for all licensed pubs in the Limerick city area. Pub owners believe that they may have to file a lawsuit to get the exemption.

Mandatory Premise Registration Violates Free Exercise Rights of Amish Farmer

In State of Wisconsin v. Miller, (WI Cir. Ct., March 10, 2010), a Wisconsin trial court held that the state's livestock premise registration requirements impose an impermissible burden on the religious beliefs of an Old Order Amish farmer who was cited for failure to comply with the registration provisions. Premise registration violated several Amish beliefs, including requirements they remain isolated from the modern world, that they rely on God not the government, and that they avoid the "Mark of the Beast." Relying on the free exercise protections of the Wisconsin Constitution, the court held that the state failed to establish that its interest in animal health cannot be met by alternative means that are less restrictive of farmer Emanuel Miller's free exercise of religion. The court concluded that alternative voluntary record keeping of the purchase, sale and transfer of animals is actually a more reliable alternative than mandatory premise registration. Tuesday's Milwaukee Journal-Sentinel reports on the decision, indicating that the state will probably file an appeal.

Canadian Advocate For Religious Use of Cannabis Profiled

Cannabis Culture yesterday carried a long article about Canadian Chris Bennett who has filed a lawsuit in Canadian federal courts seeking an order to compel the Minister of Justice to issue an exemption from Canada's Controlled Drugs and Substances Act for religious use of cannabis. Alternatively the suit seeks a declaration that the ban on possession and production of marijuana is unconstitutional under Canada's Charter of Rights and Freedoms (Sec. 2, religious freedoms; Sec. 7, liberty and security of the person; and Sec. 15, guaranteeing equality and prohibiting discrimination on the basis of religious belief).

Church's Misrepresentations Do Not Get Former Employee Unemployment Benefits

In Irvine v. St. John's Lutheran Church of Mound, (MN Ct. App., March 9, 2010), a Minnesota appellate court held that a former business administrator of a church was not entitled to unemployment compensation benefits even though the church's employment handbook indicated the church paid unemployment taxes and implied that employees would receive unemployment benefits if they lost their job through no fault of their own. Under Minnesota's statutes, church employees are eligible for unemployment benefits only if the church elects coverage. Here the church did not elect coverage. Incorrect representations to employees regarding coverage are not binding on the state. [Thanks to Chris Duckworth for the lead.]

Religious Land Use Disputes Continue To Arise: Michigan Church, Connecticut Chabad House

Zoning disputes involving religious institutions continue to arise around the country. Here are two recent ones. In Benton Township, Michigan, the Overflow Church wants to move its religious services and community outreach programs into a former Sears store that was donated to the church by the building's owner. Tuesday's Benton Harbor- St. Joseph Herald-Palladium reports on the Planning Commission hearing at which the church asked for a special use permit to allow it to operate in the commercial-zoned area. The owner of nearby Orchard Mall opposes the church's plans, saying the proposed use is not compatible with the mall and adjacent properties. Separately the mall owner is suing the church arguing that a 1978 operating agreement with Sears requires the property to be used for retail purposes.

Meanwhile, in Hartford, Connecticut, a Jewish group, Chabad Chevra, has filed a federal lawsuit claiming that its free exercise, speech, association, equal protection and due process rights and its rights under RLUIPA have been violated by the city's refusal to allow it to use a building it purchased as a Chabad House for religious worship, educational and university student activities and as a residence for its rabbi. The property had previously been used by a Baptist organization, and before that by a Catholic group, for religious purposes. The complaint (full text) in Chabad Chevra LLC v. City of Hartford, Connecticut, (D CT, filed 3/8/2010), charges that the city is burdening plaintiff's religious exercise, favoring nonreligious institutions over religious ones, and in particular is discriminating against proposed university student religious use of the premises. It claims that the city's action is based in large part on "anti-Hasidic animus." Courthouse News reported on the case yesterday. [Thanks to Steven H. Sholk for the lead.]

Faith-Based Advisory Council Report Released

The White House today released the final version of the report of the President's Advisory Council on Faith-Based and Neighborhood Partnerships. (See prior related posting.) The report is titled A New Era of Partnerships. It contains recommendations from each of the six task forces. (Note: The draft made available last month by the Washington Post was not the full report, but only the recommendations of the task force on reform of the faith-based office. See prior posting.)

Britain's Supreme Court Denies Christian Marriage Registrar Permission To Appeal

According to Pink News, the Supreme Court of the United Kingdom on Monday refused permission to appeal the decision in Ladele v. London Borough of Islington. In the case the Court of Appeals of England and Wales agreed with Britain's Employment Appeals Tribunal that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing on religious grounds to register same-sex civil partnerships. (See prior posting.) The Supreme Court said the case did not raise legal issues of "general public importance." Ladele is now considering whether to take her case to the European Court of Human Rights.

Court Rejects Religious Defense To Marijuana Use

In Georgetown, Colorado, a state court judge has rejected Trevor Douglas' free exercise claims and has found him guilty of possessing marijuana and drug paraphernalia, as well as driving an unregistered vehicle. He was assessed a $450 fine and ordered to perform 15 hours of community service. AP reported yesterday that the court found Douglas' beliefs do not rise to the level of a religion. Denver Channel 7 News says that Douglas is a member of the THC (The Hawaii Cannabis) Ministry and the Church of Universal Sacraments. Douglas says: "The religious use of cannabis is mandated by my god, just as wine and bread are used by Christians or peyote used by Indians." He plans to appeal his conviction.

Suit Argues Letter Cursing Police Officer Was Protected Religious Speech

A federal lawsuit filed on Monday claims that Pennsylvania state police and the police department of Media Borough (PA) have a practice of unlawfully prosecuting citizens for protected speech using Pennsylvania’s terroristic threats, harassment, and disorderly conduct statutes. The complaint (full text) in Damato v. Commonwealth of Pennsylvania, (ED PA, file 3/8/2010), contains these interesting allegations:

On October 11, 2008, the Plaintiff received a traffic citation issued by Officer Matthew Bellucci, of the Media Borough Police Department. Thereafter, on October 18, 2008, Officer Bellucci received a letter at his home stating the following: "You will get what's coming to you. God is just, and you will be punished. Fuck you! You are an asshole! A fucking asshole!"

... On or about October 24, 2008 Trooper Gerard B. McShea prepared a sworn Affidavit of Probable Cause causing a criminal summons to be issued against Plaintiff, charging Plaintiff of the crimes of Terroristic Threats, 18 Pa.C.S.A. §2706(a)(1) and Harassment, 18 Pa.C.S.A. §2709(a)(1) and 18 Pa.C.S.A. §2709(a)(6) as a result of mailing the aforementioned letter....

The communication directed to Officer Bellucci was expressing a religious opinion that "You will get what is coming to you. God is just and you will be punished." Such opinion is not a threat, but rather protected religious speech identifying God’s righteousness and willingness to punish.

Plaintiff asks for a declaratory judgment, damages and lawyer's fees. Yesterday's Delaware County (PA) Daily Times reports on the filing of the lawsuit.

6th Circuit: Parochial School Teacher of Secular Subjects Covered By ADA

In EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, (6th Cir., March 9, 2010), the U.S. 6th Circuit Court of Appeals held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act. They are not "ministerial employees" who are excepted from coverage. Only teachers who teach primarily religious subjects or who have a central role in the spiritual or pastoral mission of the church are covered by the ministerial exception. The fact that plaintiff led some religious activities during the day, and that she had the title of commissioned minister do not make her primary duties religious in nature. [Thanks to both Steven H. Sholk and Derek Gaubatz for the lead.]

Final Faith-Based Advisory Council Report Submitted To White House

Yesterday, President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships presented its final report to administration officials. According to IPA:

Over the course of the day, the Council presented its recommendations in key policy areas to senior officials who deal with each of those areas, including: Secretary of Health & Human Services Kathleen Sebelius, USAID Director Raj Shah, White House Domestics Policy Director Melody Barnes, National Security Council Chief of Staff Denis McDonough, and EPA Director Lisa Jackson.

The group concluded the day in a meeting with President Obama who appreciated the Council members’ service and hard work in forging common ground across religious, political and philosophical lines.

The text of one task force report was released in advance last month,[corrected] (see prior posting), as was information on two issues on which the Advisory Council was divided-- whether religious symbols can be present in areas where government-funded programs are offered and whether churches need to form separate corporations to receive federal social service funds (see prior posting). Council Member Melissa Rogers writes at length on the report in yesterday's Washington Post. Meanwhile a coalition of 26 religious and civil rights groups-- the Coalition Against Religious Discrimination-- wrote the President recommending that he adopt the consensus recommendations on reform of the Faith-Based Office, that religious-based hiring in federally funded social service programs be prohibited, and that houses of worship be required to create separate corporations if they seek to provide secular government funded social services.

Pennsylvania Woman Indicted In Conspiracy To Kill Muhammad Cartoonist

According to the New York Times, yesterday federal prosecutors unsealed an indictment (full text) against a Pennsylvania woman who was charged with conspiracy in a plot to kill Swedish cartoonist Lars Vilks. An Al Qaeda linked group placed a $100,000 bounty on Vilks because of his cartoon of the prophet Muhammad atop the body of a dog. (See prior postings 1, 2 .) The woman who is charged is Colleen LaRose, an American from suburban Philadelphia who is also known as "Fatima LaRose" and as "Jihad Jane." According to a Department of Justice press release, LaRose used the Internet to recruit others to wage and support violent Jihad in South Asia and Europe. She apparently traveled to Europe after being ordered to kill cartoonist Vilks in a way that would frighten "the whole Kufar [non-believer] world." LaRose was arrested in October, but the indictment was kept under seal until yesterday when seven Muslims who are charged with being part of the same plot against Vilks were arrested in Ireland. (Pakistan Daily Times.)

UPDATE: AP reports that after the arrests in Ireland, three Swedish newspapers on Wednesday reprinted the Lars Vilks cartoon as part of their coverage of the story.

UPDATE2: The Wall Street Journal reported that on Saturday evening (3/13), Irish authorities released (without filing charges) 4 of the 7 (one man and three women) who they had arrested.

Catholic Church Targets Philippine Health Chief Over Condom Campaign

Yesterday's Washington Post reports that the Catholic Church in the Philippines is calling for the resignation of Health Secretary Esperanza Cabral. The Church, a powerful force in the country, is angry over the condom distribution campaign instituted by the Harvard-trained health chief. As part of the country's fight against AIDS, on Valentine's Day government health workers passed out roses and condoms on the streets of Manila. Bishop Nereo Odchimar, president of the Catholic Bishops' Conference of the Philippines, calling for fidelity and premarital chastity, said: "The condom business is a multimillion dollar industry that heavily targets the adolescent market at the expense of morality and family life." The Health Department promotes a 3-part "ABC formula": abstinence, be faithful and use a condom.

Dispute Over Fire Department Chaplain's Web Page

In Spring Hill, Florida, resident Ken Fagan has filed a complaint with the Department of Community Affairs objecting to a link on the Spring Hill fire district's website. According to My Fox Tampa Bay yesterday, Fagan objects to a link to the Fire Rescue Chaplain's web page that contains scriptural quotes and in turn links to a site offering Bibles for sale. Fagan argues that a tax supported website should not have links to religious groups or support religion. In response, the chaplain, known as Pastor Jack, has added a statement on his web page that reads in part: "I have always intended this to honor all of our citizens, our firefighters, and the wonderful principles of our Constitution. All faiths have been blessed in America to the equal right of expression. Our founding fathers showed themselves wise beyond their years. Please know I respect all faiths, and all citizens and wish only to present a page that provides help and useful information to all who choose to look at it."

Christian Group Presses Pray for a Liberal Campaign

Beliefnet yesterday reported on last month's "Adopt a Liberal" Deck of Cards initiative begun by Liberty Counsel. The deck contains 51cards picturing "liberals" with one card carrying a question mark for the "unknown liberal." The program asks participants "to pray daily for the liberal(s) of your choice, so each can become a good influence on our Nation’s culture. Prayer is powerful! It allows God to change the minds of those for whom we are praying." The liberals pictured on the cards include not only politicians and public officials, but also movie and television stars and news commentators. Liberty Counsel also has produced a bumper sticker reading: "Have you prayed for a liberal today?"