Teachers Suspended Over Charge Of Sprinkling Holy Water On Colleague

Yesterday's South Florida Times reports on the investigation of two reading teachers growing out of an incident at Blanche Ely High School in March. The two, who are Christian, are charged with bullying and harassment for sprinkling their colleague Schandra Rodriguez with holy water. Apparently the problem began when Rodriguez was having a boisterous discussion with her students about the January Haiti Earthquake. One student suggested that the earthquake was the wrath of God growing out of a supposed pact Haitian rebel leaders made with Satan in a voodoo ceremony over 200 years ago. Rodriguez, an atheist, responded by discussing with her students her lack of belief in God and the Bible. Overhearing the discussion, teachers Leslie Rainer and Djuna Robinson came into the room. A student said: "Sounds like somebody needs some holy water." At that point, Robinson, in the doorway, retrieved and displayed a small bottle of liquid, which Robinson's lawyer says was perfume. He says there was no sprinkling of water, and that Rodriguez's complaint may have been motivated by other issues. At any rate, while the investigation of the incident is pending, both Ranier and Robinson have been removed from the classroom, and Ranier has been demoted. [Thanks to Scott Mange for the lead.]

Court Says Woman's Muslim Faith Relevant To Her Emotional Distress Claim

In Jama v. United States, (WD WA, May 17, 2010), a Muslim woman brought various challenges to the manner in which law enforcement officers searched her apartment in a raid seeking evidence of khat distribution. During the raid, police officers forced plaintiff to remain outside her apartment in a nightgown without her head covered. In an earlier decision (see prior posting), the court concluded that police and DEA officials had qualified immunity to plaintiff's Religious Freedom Restoration Act claim. In the current decision, the court rejected plaintiff's Fourth Amendment claims. However it held that plaintiff did properly plead a claim for the common law tort of outrage-- which requires intentional or reckless infliction of emotional distress. The court said in part:

Taking the facts in the light most favorable to Plaintiff, a rational jury could find that federal officials, who enjoyed a position of power over Plaintiff while conducting the search in this case, forced her to appear in a state of relative undress before unrelated men for a significant period of time. They forced her to appear in this state of undress even though she had modest clothing in the very apartment that officers were searching. A rational jury could find that police officers therefore unnecessarily degraded Plaintiff, and that this behavior ought "to be regarded as atrocious, and utterly intolerable in a civilized community." ... A rational jury could also find that federal agents knew full well that Plaintiff’s Muslim faith made her particularly susceptible to emotional distress under these circumstances.

[Thanks to Volokh Conspiracy for the lead.]

EEOC Settles One Religious Discrimination Suit; Files Another

The federal Equal Employment Opportunity Commission today announced the settlement of one religious discrimination lawsuit and the filing of another. The Pollard Agency, an Alabama-based security company, has agreed to pay $49,566 to settle a lawsuit charging it with refusing to accommodate a security guard's religious practices. According to today's press release, the lawsuit was brought on behalf of Marian Lawson, a Mennonite Baptist whose religious practice required her to wear a headscarf. Lawson was fired from a client assignment in Georgia. The settlement also calls for EEO training, reporting and posting. In the settlement, Pollard denies wrongdoing. (See prior related posting.)

A second press release announces the filing of a lawsuit in Arizona federal district court against Orkin Pest Control. The company is charged with denying jobs to older workers and favoring Church of Jesus Christ of Latter-Day Saints applicants, particularly returned missionaries. It also allegedly retaliated against an applicant who complained to corporate headquarters about the policy. The Complaint charges that Orkin advertised on Craig's List for a recruiter to assist in hiring LDS missionaries for seasonal positions, saying that the jobs were great for returning LDS missionaries (who are usually young people). The lawsuit was filed on behalf of 51-year old Thomas Kokezas who was not hired after being asked his age in an interview.

Stolen Sunrise Rock Cross Replacement-- Up Again, Down Again

In a posting last night, updated this morning, I chronicled the reappearance of the Sunrise Rock Cross at the Mojave War Memorial after the original Cross-- the subject of a recent Supreme Court decision-- was stolen. Now, according to the San Diego Union Tribune , the National Park Service took down the replacement yesterday afternoon after determining that it was not the original Cross. The new cross was six inches taller than the original and was freshly painted. Four new holes were drilled to replace bolts cut off by thieves when they took the original. A Park Service spokesperson gave two reasons for removal of the replacement cross. First the government is still under court order not to display a cross on Sunrise Rock, at least prior to any transfer of the land to the VFW. Second, the new Cross is illegal since the person erecting it did not follow Park Service regulations to obtain permission to put up a new memorial in a national park. [Thanks to Scott Mange for the lead.]

Court Protects Geithner From Questioning In Bailout Establishment Clause Challenge

In Murray v. U.S. Department of Treasury, 2010 U.S. Dist. LEXIS 48692 (ED MI, May 18, 2010), a Michigan federal magistrate judge refused to permit plaintiff to take the deposition of Treasury Secretary Timothy Geithner and granted Geithner a protective order barring plaintiff from deposing him. The decision comes in a lawsuit challenging on Establishment Clause grounds the federal bailout of the insurance giant AIG. Plaintiff alleged that because AIG is the market leader in Sharia-compliant financing, the bailout unconstitutionally uses federal funds to support Islamic religious activity. (See prior posting.) The court said in part: "Plaintiff has failed to cite any case law supporting his assertion that Defendant Secretary Geithner's reasoning and decision-making process, beyond what is available in the public record, is relevant to Plaintiff's Establishment Clause claims."

School Prevails In Requiring Cap and Gown Over Lakota Regalia For Part of Graduation

In Dreaming Bear v. Fleming, 2010 U.S. Dist. LEXIS 48970 (D SD, May 18, 2010), a South Dakota federal district court refused a Lakota Sioux high school student's request for a preliminary injunction that would excuse him from his high school's requirement that he wear a cap and gown at graduation while receiving his diploma. Aloysius Dreaming Bear, a member of the Oglala Sioux Tribe, planned to wear his traditional Lakota regalia to graduation. Oelrichs High School officials said he could do so, but that he had to wear a cap and gown over his traditional clothing during the time he walked across the stage to receive his diploma. He could remove the cap and gown as he exited the stage. The school already has scheduled traditional Lakota feather and plume ceremonies in the school gymnasium preceding graduation, and each student who wishes to do so will receive traditional star quilts after leaving the stage during graduation. The court held that the graduation ceremony is school-sponsored speech. The school board may impose restrictions on it that are reasonably related to educational concerns. The cap and gown met that requirement as a universally recognized symbol that demonstrates the unity of the class and celebrates academic achievement.

Mormon Missionaries Encountering Resistance Over Arizona Immigration Law

Yesterday's Arizona Republic reports that Mormon missionaries in the state are encountering resistance from Latinos they are seeking to convert because the sponsor of the state's controversial new immigration law (SB 1070) is a Mormon. Also some recent Latino converts are leaving their new faith over the issue. The LDS Church views Arizona's 1.8 million Latinos as crucial to the church's continued growth. There are 51 Spanish-speaking LDS congregations in Arizona. State Senator Russell Pearce, a Republican from Mesa and chief proponent of the new immigration legislation, has said that his efforts against illegal immigrants in the state is based in part on the LDS Church's 12th Article of Faith that calls for "obeying, honoring and sustaining the law." Kim Farah, a spokeswoman for the LDS Church in Salt Lake City, said that Mormon elected officials do not represent the position of the Church which has not taken a position on immigration. Church leaders have urged compassion and careful reflection on immigration issues.

New Russian Law Restores Properties To Churches

Interfax reported yesterday that the government committee of the Russian Federation has signed into law a new bill that allows communities to transfer back to religious organizations without charge property that was originally part of a religious complex. Apparently the bill is designed to deal with movie theaters and shops built during Soviet times on the land of monasteries, where those building have now been turned back into use as a church. It applies only to buildings converted back to religious purposes before the date of passage of the new law.

10th Circuit Upholds Drug Charges; Alleged Religious Beliefs Found Insincere

In United States v. Quaintance, (10th Cir., May 19, 2010), the U.S. 10th Circuit Court of Appeals upheld an Arizona federal district court's refusal to dismiss the indictments of Danuel and Mary Quaintance for conspiracy and possession with intent to distribute marijuana. (See prior posting.) The appellate court rejected the Quaintance's RFRA defense, agreeing with the district court that the defendants' religious beliefs were not sincere. The Court of Appeals held that because this finding stands, it need not address the trial court's alternative holding that defendants' beliefs were not "religious" beliefs.

Islamic Scholars Debate UAE's New Law On Organ Transplants

The National yesterday reported on a debate among Islamic scholars over a new legal instrument released this week by the United Arab Emirates permitting organ transplants from patients who are brain dead, but whose heart is still beating with the assistance of a ventilator. A number of other Muslim countries have permitted organ transplants, but some scholars insist that under Islamic law a person is dead only when he or she is no longer breathing. In 2008, Dubai's General Authority for Islamic Affairs and Charitable Activities published a fatwa on its website approving organ donation.

Lawsuit Dismissed After School Board Broadens Anti-Bullying Instruction

In Alameda, California, a group of parents dismissed their lawsuit against the Alameda Unified School District after the board of education agreed to a change one of the safe-schools anti-bullying and diversity lessons. According to a press release from Pacific Justice Institute, parents were seeking to have their young children excused from the class that focused on bullying of gays and lesbians. They argued that the anti-bullying focus on only one group was an attempt to teach young children that "the LGBT lifestyle is both moral and normative." A public records request showed that the vast majority of harassment complaints involved opposite sex and racial harassment and there had been no complaints during the past 18 months on bullying in the elementary grades due to sexual orientation. The schools agreed to change their anti-bullying curriculum to cover all categories-- gender, race, religion, nationality and disability.

Group Asks IRS To Invetigate Church's Online Endorsement of Candidate

Americans United this week wrote the Internal Revenue Service (full text of letter) asking it to investigate a Los Angeles church that endorsed a Neighborhood City Council candidate through postings on the church's website and through Twitter. According to AU (press release), Oasis Church used its website to ask its members to vote in the May 13 Greater Wilshire Neighborhood City Council elections for Alex Jones-Moreno, the church's director of social justice, who was running for reelection. On election day, the church sent out eight tweets on Twitter, most of which urged readers to vote for Jones-Moreno. Under Section 501(c)(3) of the Internal Revenue Code, non-profits are prohibited from participating in any political campaign on behalf of a candidate for elective publid office.

Pakistan Blocking Facebook and YouTube Over Blasphemous Material

In Pakistan yesterday, the Lahore High Court ordered the Ministry of Information Technology and the Pakistan Telecommunication Authority (PTA) to block all access to Facebook's website pending another court hearing on May 31. Pakistan's Express Tribune reported that the order stems from concern over a Facebook page that hosts publicity for the May 20th "Everybody Draw Muhammad" Day. (See prior posting.) PTA attempted to block access to the specific Facebook page two days ago, but apparently it was still accessible at the court hearing. PTI has now ordered access to the entire site blocked, and has set up a toll free number and website to report if objectionable material is still available. (Dawn). Meanwhile Bloomberg reports that PTI is broadening its crackdown, and has now also blocked access to YouTube and 450 other websites carrying blasphemous material. Pakistan Internet traffic has dropped 25% since Facebook and YouTube were blocked.

Caretakers Ready To Erect New Cross On Sunrise Rock When Replacement Appears [UPDATED]

Fox News reported yesterday that the long-time caretakers of the Mojave Desert Veterans' Memorial have constructed an exact replica of the 7-foot cross that was recently stolen from the site and are ready to put it up if the Department of Justice approves. However, on Wednesday night, according to another Fox News report, a different cross reappeared on Sunrise Rock. The National Park Service is evaluating the Cross to see if it is the original one that has been returned, or a new one. That may determine whether it stays. God and Country blog reports on the latest developments.

Congress attempted to transfer the land on which the cross was constructed to the VFW to avoid an Establishment Clause challenge. In a fragmented decision last month, the U.S. Supreme Court sent the challenge to the land transfer back to the lower courts. (See prior posting.) While the cross was still missing, Hiram Sasser, the director of litigation for Liberty Legal Institute, which is representing the VFW, said the theft may have made it simpler to resolve the case on remand. He said: "If there's no cross there, does that mean that the land transfer goes through, it becomes property of the VFW, and we can put the cross back up?" Justice Roberts, in his concurring opinion last month in Salazar v. Buono, said:

At oral argument, respondent’s counsel stated that it "likely would be consistent with the injunction" for the Government to tear down the cross, sell the land to the Veterans of Foreign Wars, and return the cross to them, with the VFW immediately raising the cross again.... I do not see how it can make a difference for the Government to skip that empty ritual and do what Congress told it to do—sell the land with the cross on it.

Meanwhile, on its website Liberty Legal Institute-- in an appeal that seems at odds with its litigation director's theory-- is asking for contributions to help reinstall the memorial on Sunrise Rock, apparently while the litigation proceeds and before the land is formally transferred to VFW. That appeal may now be unnecessary, depending on the Park Service's decision on the cross that has now reappeared.

Court Again Rejects Housing Act Challenge To Homeless Shelter Activities

Last September, an Idaho federal district court held that the homeless shelter component of the Boise Rescue Mission is not a "dwelling" and therefore is not subject to the religious anti-discrimination provisions of the federal Fair Housing Act. It also held that both in the homeless shelter and in the Rescue Mission's second component-- a residential recovery program for individuals with drug or alcohol dependency-- the Religious Freedom Restoration Act bars application of the Fair Housing Act to prohibit the Rescue Mission's religious activities or religious favoritism of certain participants. (See prior posting.) Following that decision, plaintiffs filed a motion to alter or amend the judgment, arguing that RFRA does not apply to suits between private parties, as opposed to a suit against the government. Last week, in Intermountain Fair Housing Council v. Boise Rescue Mission, Inc., 2010 U.S. Dist. LEXIS 48065 (D ID, May 12, 2010), the same Idaho federal district court held it need not decide whether RFRA applies, since the Rescue Mission's activities are protected by the Free Exercise clause of the First Amendment which also bars application of the Fair Housing Act here. It concluded, as it did in its prior decision, that some religious activities-- including those challenged here-- cannot be infringed even if the government has a compelling interest. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Court Rejects Charter School Challenge To Ban On Classroom Use of Bible

In Nampa Classical Academy v. Goesling, (D ID, May 17, 2010), an Idaho federal district court dismissed a challenge by a state funded charter school and two of its teachers to a policy adopted by the Idaho Public Charter School Commission. The Commission adopted the view of the state attorney general that the use of religious documents or texts in a public charter school classroom would violate Art. IX, Sec. 6 of the Idaho Constitution. That section prohibits the use of sectarian books or documents in public school classrooms. Teachers at the Academy wanted to use primary source documents-- including the Bible and the Koran-- in teaching their courses and argued that the ban violated their and their students' 1st and 14th Amendment rights.

The court held that the charter school itself is a political subdivision of the State and therefore has no privileges or immunities to invoke against the State. It held defendants had qualified immunity as to claims by other plaintiffs. Here it is the defendants-- state school officials-- who are the speakers, and they have the right to lawfully control the content of their speech. They are adhering to the Establishment Clause by barring use of religious texts in publicly funded schools. Idaho Press Tribune reports on the decision. (See prior related posting.)

The Charter Commission will hold a previously scheduled hearing on June 11 on revoking the Academy's charter, in part because the Commission believes the school has not complied with the order to avoid using religious documents.

In Uzbekistan, Police Raid On Large Protestant Congregation

Forum 18 reports that in Uzbekistan on Sunday, the police, National Security Service secret police, Tax Inspectorate, Fire Brigade, and Sanitary-Epidemiological Service all raided Church of Christ, one of the largest Protestant congregations in Tashkent. The Russian-language Full Gospel congregation has been registered with the state since 1999. The five-hour raid began Sunday morning one hour after services began. Computers, books and documents (including permission forms signed by parents) were seized. Eight church members, including the church's assistant pastor, were arrested and held for 24 hours. Shortly after their release yesterday, an initial hearing was held in District Court. Their trial is scheduled to continue today. It is not clear what charges have been brought, but the prosecution says it has a letter from a father charging the church with forcing his children to convert. This is the latest in a series of similar raids against Protestant churches in the country. Government officials refuse to discuss the raid.

British Court Dismisses Libel Action By Sikh Leader

A High Court in Britain yesterday dismissed a libel action against free lance journalist Hardeep Singh brought by religious leader Sant Baba Jeet Singh Ji Maharaj. London's Press Gazette and Journalism.co report on the decision. Jeet Singh is the head of Nirmal Kutia Johal, a Nirmal Sikh institution. In an August 2007 article in the Sikh Times, Hardeep Singh accused Jeet Singh of being an impostor and leading a cult. He charged this disturbed the peace in the Sikh community of High Wycombe, promoted blasphemy and encouraged the abuse of women. The Sikh Times has already withdrawn the article and apologized. Hardeep Singh pled justification, fair comment and qualified privilege. The court dismissed the action saying that issues of a religious or doctrinal nature permeate the proceedings. The court would be required to interpret Sikh doctrine to determine whether the charges that Jeet Singh was an impostor were defamatory.

Preliminary Injunction Denied Against Community College Graduation Prayer

Yesterday's Orange County (CA) Register reports that a California federal district judge last week refused to issue a temporary injunction against graduation prayer at two California community colleges. The lawsuit against the South Orange Community College District was filed by faculty and students at Saddleback College. The court said that plaintiffs did not show that they would suffer irreparable injury if the traditional non-sectarian invocation was delivered at graduation. The requested preliminary injunction would have stopped the practice while the lawsuit is pending.

Charges Dropped Against British Street Preacher

In Britain, charges under the Public Order Act have been dropped against a Baptist street preacher who was briefly arrested by police in Workington after he condemned homosexuality as a sin in a conversation with a shopper, and then began a sermon on drunkenness and adultery. (See prior posting.) The Public Order Act was passed originally to deal with football hooligans. Sunday's London Mail and yesterday's LifeSite News reported that the Crown Prosecution Service decided to drop charges against street preacher Dale Mcalpine for insufficient evidence. Mcalpine says he is considering a possible lawsuit against the police with the assistance of the Christian Institute. [Thanks to Scott Idleman via Religionlaw for the lead.]