Possibility In Offing of Supreme Court Without Protestant Justices

NPR yesterday reported that with the anticipated retirement this year of U.S. Supreme Court Justice John Paul Stevens, the country for the first time may have a Supreme Court with no Protestant Justices. The two leading candidates to replace Stevens-- U.S. Solicitor General Elena Kagan and D.C. Circuit Judge Merrick Garland-- are both Jewish. If one of them is ultimately confirmed, the Court would have 6 Catholic and 3 Jewish justices.

Kenyan Religious Leaders Oppose New Draft Constitution

In Kenya, Cardinal John Njue of Nairobi, chairman of the Kenyan bishops' conference, and Rev. Peter Karanja , general secretary of the National Council of Churches say they will mobilize Christians to vote against Kenya's new draft constitution in the June referendum on it. Catholic News Service yesterday reported that the religious leaders object to the fact that the constitution would legalize abortion and would keep in place Islamic courts. However other religious leaders-- an Anglican archbishop and a priest known for his human rights work -- support the new constitution.

UPDATE: The Standard reported Thursday that church leaders are softening their opposition to the proposed constitution after a meeting with President Kibaki and Prime Minister Raila Odiga.
Church leaders and the President agreed to set up a committee to dialogue on controversial issues surrounding the proposed new constitution.

Vaccination Objection Held To Be Sincere, But Not Religious

In Caviezel v. Great Neck Public Schools, (ED NY, April 5, 2010), a New York federal district court refused to grant a preliminary injunction to force the Great Neck school system to grant plaintiffs an exemption from the requirement their child be vaccinated in order to enroll. The New York Public Health Law provides an exemption for children whose parents hold genuine and sincere religious beliefs against vaccination. The court concluded that while plaintiffs genuinely and sincerely oppose vaccination for their child, their objections are not "religious" in nature. Part of plaintiff's reasons involve safety concerns. Her other reasons are closer to a secular philosophy. She believes the human body is a perfect creation and we do not need to inject vaccines into it. Yesterday's New York Law Journal reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Ministerial Exception Precludes Wage and Hour Suit Against Scientology

In Headley v. Church of Scientology International, (CD CA, April 2, 2010), a California federal district court dismissed a claim by a Church of Scientology staff member that the Church violated state and federal labor laws. The court said:

Here, even if Plaintiff could establish the alleged federal and state labor law violations, there is no dispute that she: (1) was employed by a religious institution; (2) was chosen for her position based largely on religious criteria; and (3) performed religious duties and responsibilities. She worked for ... institutions within the Church of Scientology. She also was able to hold the positions she had with Defendants based largely on religious criteria, namely her commitment to 1,000,000,000 years of service to Scientology and the lifestyle constraints that come with being a member of the Sea Org.... Finally ... she performed various religious duties and responsibilities, most notably "auditing" and "cramming." For these reasons ... the ministerial exception would apply. Thus, her first cause of action fails.

According to AP's report on the decision, plaintiff alleged that she worked 100-hour weeks at almost no pay as part of Scientology's elite Sea Organization. (See prior related posting.) The Church of Scientology issued a press release on the decision.

Morocco Expels 50 Christians; US Government and Religious Group Protest

Morocco last month expelled around 50 Christians accused of proselytizing Muslims in violation of Moroccan law. (Moroccan authorities say the number was 27.) UAE's The National today reports that the expulsions include 16 staffers at the Village of Hope who were accused of using foster care as a cover for converting Moroccan children to Christianity. The Minneapolis Star Tribune yesterday reported that the expulsions targeted other foreign-run orphanages as well. The issue seems to be informal influence on the children by the Christian foster families, even though the children are formally taught the Qur'an in schools operated by the orphanages.

U.S. Ambassador to Morocco, Sam Kaplan, has urged that the aid workers be given due process rights. Kaplan is one of the few Jewish diplomats representing the U.S. in Arab countries. Morocco has a long tradition of tolerance of Jews and Christians, but the evangelical community sees the expulsions as a political gesture to Islamic fundamentalists. Nationals of Britain, Netherlands and South Korea were also expelled. Politicians and the media in the Netherlands also protested strongly. (Morocco Board News Service 3/10). [Correction.] Meanwhile, leaders of the Evangelical Church Alliance International met with the Ambassador of Morocco at the Moroccan Embassy in Washington, D.C. An Alliance press release reports they urged Morocco to adopt a clear definition of "proselytizing" to guide foreign Christians. It concludes that: "It was the consensus of the Evangelical leaders present that the Moroccan government understands our concerns and also wishes to strengthen the bonds of friendship that exist between us and to seek new and productive ways to keep the established bridges intact."

Australian Police Stop Crucifixion Reenactment As Offensive

Last Saturday, police in the Australian town of Geelong, Victoria, stopped a graphic depiction of Jesus' crucifixion being enacted in a busy shopping area. Police say the semi-nude Jesus covered with fake blood violated laws prohibiting offensive behavior in public. The Herald Sun and The Australian report that police stopped the performance 40 minutes into the one hour pageant after it apparently distressed young children watching. Church leaders plan to complain to Victoria's police chief about their treatment. Police reportedly later conceded the group was not technically breaking any law.

Blogger States Free Speech and Establishment Clause Claims

In Rich v. City of Jacksonville, (MD FL, March 31, 2010), a Florida federal district court refused to dismiss claims by a blogger in a lawsuit against a police officer and an assistant state attorney. Tom Rich began an anonymous blog on which he raised concerns about the pastor of First Baptist Church in Jacksonville. Police officer Robert Hinson, who was also on the pastor's security detail, opened an investigation in order to be able to subpoena Google and Comcast to discover the owner of the blog. Hinson obtained subpoenas from defendant Stephen Siegel in the Office of the State Attorney. After Hinson or Siegel told church officials that the blogger was Tom Rich, the church issued trespass warnings against Rich and his wife, barring them from church premises. (See prior posting.) The court concluded that, if proven, the allegations would support a finding that plaintiff's right to anonymous speech was infringed, and that the Establishment Clause was violated because defendants had no secular purpose for their actions. The court however dismissed another portion of the complaint on 11th Amendment grounds-- a damage claim against the state attorney in her official capacity. Yesterday's Florida Times-Union reported on the decision.

Complaint Filed Over Local Official's Washing of Government Employees' Feet

In St. Bernard Parish, Louisiana, the ACLU has sent a letter to Parish President Craig Taffaro complaining about the official's decision on the Thursday before Easter to wash the feet of Parish employees. WSDU News reported yesterday that Taffaro says he did not see the practice as a religious act, but as an act of public service. Taffaro also says that no employee was coerced into participating. The ACLU's letter argues that Taffaro is imposing his religion on government employees. Foot washing is practiced by certain Christian denominations based on words of Jesus in John 13: 14-17. (Background.)

Man Arrested After Suit Claims Religious Entitlement To Use Force At Abortion Clinic

In Plano, Texas, the FBI has arrested Erlyndon Joseph ''Joey'' Lo on charges of using interstate commerce to communicate a threat and threatening force to intimidate clients and employees of a reproductive health service. New York Times reported yesterday that the charges grew out of a class action lawsuit filed by the 27-year old Lo in Plano, Texas in which he threatened to use deadly force to stop an abortion at a named clinic in Dallas if the U.S. Supreme Court did not act immediately to stop abortion. He alleged:

My religious beliefs include the beliefs that an individual is alive at the moment of conception, abortion is murder and is the worst murder of all murders possible because these babies are completely defenseless, and I am entitled under my religious beliefs to use deadly force if necessary to save the innocent life of another.

The lawsuit was brought against the Supreme Court an asked for $999 trillion in damages. [Thanks to Scott Mange for the lead.]

Court Enjoins Military Base Rule That Bars Anti-Islamic Decals On Vehicles

In Nieto v. Flatau, (ED NC, March 31, 2010), a North Carolina federal district court enjoined officials at Camp Lejeune (NC) from enforcing a Base regulation prohibiting the display of extremist, indecent or racist messages on vehicles. Plaintiff was ordered to remove several anti-Islamic decals from his vehicle. The court concluded that the military base is a non-public forum. However it found that that the regulation was not applied in a viewpoint-neutral manner since pro-Islamic decals would be allowed. AP reported on the decision last week. (See prior related posting.) [Thanks to First Amendment Center via Charlotte E. Hunter for the lead.]

President Obama Hosts Easter Prayer Breakfast

The White House this morning hosted Christian leaders from across the country at an Easter Prayer Breakfast. In remarks delivered in the East Room (full text), the President said in part:

One of my hopes upon taking this office was to make the White House a place where all people would feel welcome. To that end, we held a Seder here to mark the first Passover. We held an Iftar here with Muslim Americans to break the daily fast during Ramadan. And today, I’m particularly blessed to welcome you, my brothers and sisters in Christ, for this Easter breakfast....

I can’t tell any of you anything about Easter that you don’t already know. (Laughter.) .... But what I can do is tell you what draws me to this holy day and what lesson I take from Christ’s sacrifice and what inspires me about the story of the resurrection.

For even after the passage of 2,000 years, we can still picture the moment in our mind's eye. The young man from Nazareth marched through Jerusalem; object of scorn and derision and abuse and torture by an empire. The agony of crucifixion amid the cries of thieves. The discovery, just three days later, that would forever alter our world -- that the Son of Man was not to be found in His tomb and that Jesus Christ had risen. We are awed by the grace He showed even to those who would have killed Him. We are thankful for the sacrifice He gave for the sins of humanity. And we glory in the promise of redemption in the resurrection.

And such a promise is one of life’s great blessings, because, as I am continually learning, we are, each of us, imperfect. Each of us errs -- by accident or by design. Each of us falls short of how we ought to live. And selfishness and pride are vices that afflict us all.

Supreme Court Refuses Review In Alleged Anti-Muslim Bias of Juror

Yesterday the U.S. Supreme Court denied certiorari in Al-Turki v. Colorado (Docket No. 09-700) (Order List.) In the case, Colorado state courts refused to exclude or allow closer questioning in voir dire of a potential juror who said he might be prejudiced against Muslims. The man was seated on the jury in a trial that included anti-Muslim themes and comments. Yesterday's Christian Science Monitor and Scotus Blog both discuss the case in which the government of Saudi Arabia filed an amicus brief urging the court to grant review.

Recent Articles of Interest

From SSRN:

• Geoffrey P. Miller, The Dark Age: How the Biblical Narratives Demonstrate the Necessity for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-18, March 24, 2010).
• Geoffrey P. Miller, Of Floods and Towers: The Bible’s Affirmative Case for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-19, March 24, 2010).
• Geoffrey P. Miller, Patriarchy: The Political Theory of Family Authority in the Book of Genesis, (New York University School of Law, Public Law Research Paper No. 10-23, April 2, 2010).
• Adham A. Hashish, Islamic Ijtihad: The Key to Islamic Democracy Bridging and Balancing Political Islam and Intellectual Islam, (Richmond Journal of Global Law & Business, Vol. 9, No. 61, Winter 2010).
• Hans-Martien Ten Napel Th.D., Protestantism, Globalization and the Democratic Constitutional State, (Reshaping Protestantism in a Global Context, Volker Küster, ed., LIT, 2009).
• Mark Rahdert, Forks Taken and Roads Not Taken: Standing to Challenge Faith-Based Spending, (March 19, 2010).
• Jennifer Gerarda Brown, Peacemaking in the Culture War between Gay Rights and Religious Liberty, (Iowa Law Review, Vol. 95, p. 747, 2010).
• Paul M. Secunda, District Court Amicus Brief of Law Professors in Support of Defendants, Associated Oregon Industries v. Avakian, No. 3:09-CV-1494-MO (March 22, 2010).
• Cyra Akila Choudhury, Globalizing the Margins: Legal Exiles in the War on Terror and Liberal Feminism’s War for Muslim Women, (International Review of Constitutionalism, Vol. 9, No. 2, 2010).
• Mostapha Benhenda, For Muslim Minorities, it is Possible to Endorse Political Liberalism, But This is not Enough, (Journal of Islamic Law and Culture, Vol. 11, No. 2, May 2009).
• Andrew F. March, The Post-Legal Ethics of Tariq Ramadan: Persuasion and Performance in 'Radical Reform: Islamic Ethics and Liberation' (A Review Essay), (Middle East Law and Governance, Forthcoming).
• Ilan H. Fuchs, 'Sephardic' Halakhah? The Attitude of Sephardic Decisors to Women’s Torah Study: A Test Case , (Bar Ilan Univ. Pub Law Working Paper No. 02-10, Dec. 31, 2009).
• Francesco Alicino, Constitutionalism as a Peaceful "Site" of Religious Struggles, Global Jurist, Vol. 10 : Iss. 1 (Advances) (2010).
• Lourens Du Plessis, Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law , (Potchefstroom Electronic Law Journal, Vol. 12, No. 4, 2009).

From SmartCILP:

• E. Gregory Wallace, Justifying Religious Freedom: The Western Tradition, 114 Penn State Law Review 485-570 (2009).
• Shannon Gilreath, Not a Moral Issue: Same-Sex Marriage and Religious Liberty (Reviewing Same-Sex Marriage and Religious Liberty, edited by Douglas Laycock, Anthony R. Picarello, Jr. and Robin Fretwell Wilson), 2010 University of Illinois Law Review 205-223.
• Timothy D. Lytton, Framing Clergy Sexual Abuse as an Institutional Failure: How Tort Litigation Influences Media Coverage, 36 Wm. Mitchell Law Review 169-185 (2009).
• Jared Rubin, Social Insurance, Commitment, and the Origin of Law: Interest Bans in Early Christianity, [Abstract], 52 Journal of Law & Economics 761-777 (2009).
• Ofrit Liviatan, Judicial Activism and Religion-Based Tensions in India and Israel, 26 Arizona Journal of International & Comparative Law 583-621 (2009).
• Teri Dobbins Baxter, Private Oppression: How Laws that Protect Privacy Can Lead to Oppression, 58 University of Kansas Law Review 415-471 (2010).

Recent Prisoner Free Exercise Cases

In Howard v. Skolnik, (9th Cir., March 30, 2010), the 9th Circuit rejected a prisoner's free exercise claim based on two alleged incidents of interference with his fasting. However the court vacated summary judgment and remanded for further proceedings plaintiff's objection to the calcelling of Nation of Islam prayer services.

In Jones v. Bullard, 2010 U.S. Dist. LEXIS 27377 (ED MO, March 23, 2010), a Missouri federal magistrate judge concluded that a detainee's free exercise rights were not substantially burdened when he was at various times inadvertently offered a food tray containing pork, but was given an alternative when he objected.

In Guarneri v. Hazzard, 2010 U.S. Dist. LEXIS 26966 (ND NY, March 22, 2010), a New York federal district court held that an inmate's free exercise rights were not substantially burdened by refusal to provide him with a Catholic priest.

In Black v. Fischer, 2010 U.S. Dist LEXIS 27439 (ND NY, March 23, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 27356, Feb. 4, 2010) and held that defendants were entitled to qualified immunity in a damage action in which a former prisoner complained that his attempt to change religious designation while in prison was denied under a Department of Corrections policy that allowed inmates to change their religion only once every 12 months.

In Malik v. Ozmint, 2010 U.S. Dist. LEXIS 26397 (D SC, March 19, 2010), a South Carolina federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 26385, Feb. 16, 2010) and dismissed a claim by a Sunni Muslim prisoner that his rights under RLUIPA were violated by prison grooming polices that required him to wear short hear and be clean shaven.

In Ingram v. Hyland, 2010 U.S. Dist. LEXIS 25964 (ED WI, Feb. 26, 2010), a Wisconsin federal district court held that an inmate arguably states a free exercise and RLUIPA claim in objecting to an order that he and his wife (a criminal co-defendant) have no contact. Plaintiff argued that denial of contact for the reconciliation of marriage violates his religious beliefs.

In Greenup v. Gusman, 2010 U.S. Dist. LEXIS 29180 (ED LA, March 26, 2010), a Louisiana federal magistrate judge held that various of plaintiff's claims that his Islamic faith was not being accommodated were moot. His claim for mental anguish was barred by a federal statutory provision barring a prisoner from recovering damages for emotional injury unaccompanied by physical injury.

In Green v. Harry, 2010 U.S. Dist. LEXIS 30127 (WD MI, March 29, 2010), a Michigan federal district judge adopted the recommendation of a federal magistrate (2010 U.S. Dist. LEXIS 29767, Jan. 26, 2010) and rejected a Muslim plaintiff's complaints about non-pork items being placed next to pork items.

Unusual Free Exercise Assertion In FOIA Case Rejected

In Banks v. Department of Justice, (D DC, March 26, 2010), the D.C. federal district court found unpersuasive an unusual argument in a Freedom of Information Act case. Plaintiff, seeking various records about himself and others argued that "his religion, Thelema, mandates that he access the records to purge all the negative energy from his life in a religious ritual." Plaintiff, a Lakota Sioux Native American, sought the information from the U.S. Postal Inspection Service and the Federal Bureau of Prisons.

Muslim Tourists Scuffle With Police After Attempt To Pray In Former Mosque, Now A Cathedral

In Cordoba, Spain last Wednesday, security guards and police scuffled with a group of Muslim tourists from Austria who were visiting the Roman Catholic Mezquita Catedral-- a UNESCO World Heritage site. According to AP, the Great Mosque of Cordoba was built after the Moorish invasion of Spain in the 8th century, and the building was turned into a Catholic cathedral in 1236 when King Ferdinand captured Cordoba. Six or seven of the 120 Muslim tourists who entered the church began to pray. Security guards told them to stop, an argument ensued, and the National Police were called. Two of those praying got into a shoving match with officers and were arrested for disobeying and threatening law enforcement officers.

Church As Murder Location Amounts to Aggravating Circumstance In Sentencing

On Thursday, a Kansas judge sentenced Scott Roeder, convicted killer of abortion doctor George Tiller, to life in prison with no possibility of parole for 50 years. Yesterday's Topeka Capital-Journal points out that in imposing sentence, the judge concluded that the fact the murder was committed in a church was an aggravating circumstance. Kansas law lists as an aggravating circumstance the fact that "defendant committed the crime in an especially heinous, atrocious or cruel manner." Judge Warren Wilbert said that a church is supposed to be a place of peace and tranquility. During sentencing, defendant Roeder responded that he didn't consider the building a church because its congregants did not hold Tiller accountable for performing abortions. He called it a "synagogue of Satan." (See prior related posting.)

Court Finds That Church Trustee Breached Duty In Conveying Property

In Garmon v. Reynolds, (IN App., March 31, 2010), an Indiana appellate court resolved a dispute over whether the son of the founding pastor of the Zion Temple Apostolic Church validly conveyed certain parcels of church property to a privately held trust. The appellate court agreed with the trial court that while Kenneth Garmon is the sole surviving trustee of Church, he breached his fiduciary duty when he voluntarily left Church to attend a different church for nearly a year after his father's death, and attempted to convey the disputed property to a privately-held trust corporation over which the congregation would have no control. The court also rejected the claim that the First Amendment precluded it from asserting jurisdiction. In its view, the case did not concern extensive ecclesiastical matters or require interpretation of church doctrines.

Catholic High School Fails To Show Substantial Free Exercise Burden From Zoning Denial

Academy of Our Lady of Peace v. City of San Diego, 2010 U.S. Dist. LEXIS 31873 (SD CA, April 1, 2010), is a RLUIPA and a 1st and 14th Amendment challenge by a Catholic college-preparatory high school to San Diego's refusal to issue zoning permits so the school can add a classroom building and parking structure to its campus. A California federal district court refused to grant summary judgment to the school, holding that it had failed to come forward with evidence that a substantial burden had been placed on its religious exercise.

President Obama Marks Easter and Passover

President Obama's Weekly Address today (full text and video recording) focused on Passover and Easter. He said in part:

This is a week of faithful celebration. On Monday and Tuesday nights, Jewish families and friends in the United States and around the world gathered for a Seder to commemorate the Exodus from Egypt and the triumph of hope and perseverance over injustice and oppression. On Sunday, my family will join other Christians all over the world in marking the resurrection of Jesus Christ.

And while we worship in different ways, we also remember the shared spirit of humanity that inhabits us all – Jews and Christians, Muslims and Hindus, believers and nonbelievers alike.

Amid the storm of public debate, with our 24/7 media cycle, in a town like Washington that’s consumed with the day-to-day, it can sometimes be easy to lose sight of the eternal. So, on this Easter weekend, let us hold fast to those aspirations we hold in common as brothers and sisters, as members of the same family – the family of man.

On Thursday night, Obama hosted a Seder dinner in the Old Family Dining Room of the White House for some friends, White House employees, and their families. In an article last month, the New York Times traced the background of this event which began with an improvised Seder in April 2008 during the Presidential campaign.

The Obama family will join a D.C. congregation for Easter services tomorrow, according to the Washington Post. However the White House has not disclosed the identity of the church in an attempt to not attract onlookers who would disturb the services.

UPDATE: The D.C. congregation at which the Obama's worshiped for Easter was Allen Chapel AME Church in Southeast Washington. (Afro, 4/5).