NYC Landmark Board Rejects Landmarking For Controversial Islamic Center Site

New York City's Landmarks Preservation Commission this morning paved the way for construction of a controversial Islamic Center  and mosque two blocks from Ground Zero in lower Manhattan.  According to CNN, the Commission voted 9-0 against landmark status for a building that developers plan to demolish to make room for the planned Center. Opponents of the mosque saw landmark status as a way of preventing the construction because it would have barred developers from demolishing or significantly altering the exterior of the building.  New York Mayor Michael Bloomberg and other city leaders support the building of the Islamic Center which is designed to show the face of moderate Islam. Some other politicians, however, have turned the proposal into a political issue, calling its location a provocation. (See prior posting.)

Florida Prisons To Begin Kosher Food Program On Trial Basis

JTA reported yesterday that Florida Governor Charlie Crist has recently signed a directive ordering the state Department of Corrections to provide a kosher food plan for state prison inmates.  A release last month from the Aleph Institute, a Chabad group that serves the needs of Jewish prisoners, says it will begin a 6-month trial of the program at a unit of the South Florida Reception Center in Miami. That trial begins August 16. In 2007, the state ended its previous Jewish Dietary Accommodation program in its prisons. (See prior posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Court Says Redacted Holiday Card Form Violated Free Speech

In Pounds v. Katy Independent School District, 2010 U.S. Dist. LEXIS 77175 (SD TX, July 30, 2010), a Texas federal district court granted a motion to reconsider its earlier decision involving a First Amendment challenge to a holiday card fundraising project at a Texas elementary school. The project permitted parents to order Christmas, Hanukkah or Kwanzaa cards featuring their child's artwork and containing one of a number of pre-set greetings. In sending home the order form supplied by an outside company, the school blacked out one message choice-- a religious quotations from the New Testament. The court held that the school's admitted viewpoint discrimination violated parents' First Amendment free speech rights and was not justified by an attempt to avoid an Establishment Clause violation. It concluded that use of the "unredacted [order] form could not fairly have been characterized as a government endorsement of any of the messages." (See prior related posting.)

Church Sues Challenging Georgia City's Zoning Law

Last month, a church in Avondale Estates, Georgia filed a federal lawsuit challenging both on their face and as applied the city's zoning ordinance which requires churches to obtain a conditional use permit in order to locate anywhere in the city. The ordinance also requires religious institutions to be located on at least 3 acres and have 100 feet of public street frontage. The complaint (full text) in Christ Liberty Family Center v. City of Avondale Estates, Georgia (ND GA, filed July 23, 2010), alleges that the city allows other similar non-religious assembles in four of its districts-- including the central business district where the church leased property -- without requiring this type of permit or imposing the same acreage and frontage requirements. The suit alleges that the ordinance violates RLUIPA, the First and 14th Amendments and the free exercise provisions of the Georgia constitution. Plaintiff has also filed a motion for a preliminary injunction, including a memorandum in support. (Full text). Alliance Defense Fund issued a press release on the case.

Church-State Expert From Now Defunct AJCongress Hired By American Jewish Committee

JTA yesterday reported that following the suspension of activities by the American Jewish Congress, largely for financial reasons (see prior posting), its long-time general counsel and co-executive director, Marc Stern, has been hired by AJCongress' traditional rival, the American Jewish Committee. Stern, who was with AJCongress for 33 years, is known for his expertise on church-state issues as well as on the international law of warfare and other constitutional matters. American Jewish Committee yesterday issued a press release announcing the move. A spokesman said that Stern's hiring has no connection to rumored merger talks between the two groups, and that no merger talks are now going on.

Tajikistan Tries To Keep Control Over Muslim Education

Radio Free Europe today reports on efforts by the government of Tajikistan to keep control over Islamic education in the country. All teachers must be licensed by the state, and the government regularly conducts raids on mosques and private homes where they suspect unlicensed classes are being held or underground madrassahs have been created. Government officials say their actions are aimed at preventing the spread of religious extremism, but they have been widely criticized as violating religious freedom.  Apparently demand for religious classes outstrips the supply of state-approved schools. So the Education Ministry recently introduced a course in Knowledge of Islam into state schools. Religious leaders say these once-a-week classes are not enough. Many parents send their children to unofficial classes in homes of local mullahs and local mosques because they are convenient and free.The country's 20 official madrassahs charge tuition and offer a range of secular courses as well as religious ones.

Canada Orders Investigation After Veiled Women Permittted To Board Plane Without Facial Identification

Canada's Transport Minister John Baird said on Sunday (full text of statement ) that he has ordered an investigation of whether airlines are properly applying the country's Identity Screening Regulations after the media reported widely on a YouTube video showing two veiled women boarding a plane in Montreal without being asked to show their faces.  CTV News (which links to the video) reports that it was posted on YouTube under the caption: "A major Canadian airline risks your safety, pandering to Muslim sensibilities." Many viewers of the clip on YouTube wrote inflammatory comments.

3rd Circuit Says Prison Can Bar Muslim Women Employees From Wearing Khimars

In Equal Employment Opportunity Commission v. The Geo Group, Inc., (3d Cir., Aug. 2, 2010), the 3rd Circuit held, in a 2-1 decision, held that a private company which operated a prison under contract with the state did not violate Title VII of the 1964 Civil Rights Act when it refused to accommodate Muslim women employees by allowing them to wear khimars (Muslim scarfs). Geo policy permitted hats or other head coverings only if they were issued with a uniform.  The majority affirmed the grant of summary judgment for Geo, concluding that while this is a close case, the policy should be upheld.  It relied on testimony that the khimar posed a risk because it could be used to smuggle in contraband, it can be used to conceal the identity of the wearer, and it could be used against a prison employee in an attack. Judge Tashima dissented, contending that the majority "makes a shambles of our Title VII religious accommodation jurisprudence." He argued that on the basis of the record, a reasonable jury could find that GEO did not make a good faith effort to reasonably accommodate plaintiffs religious practices. AP yesterday reported on the decision.

Backing of Geert Wilders' Party Is Key To New Coalition Government Agreement In Netherlands

Bloomberg News reports that in the Netherlands, after seven weeks of deadlock, a preliminary agreement to form a government was finally been reached when Geert Wilders' anti-immigrant Freedom Party delegates agreed to back a minority government of Liberals and Christian Democrats.Wilders is known for his anti-Muslim statements and his attempts to limit the influence of Islam in the country. (See prior posting.) Wilders will not hold a ministerial position in the government, and will thus remain free to continue to promote his anti-Islamic views.

Paper Begins Series on the Catholic Church In Cuba

Yesterday's National Catholic Register carries the first in a three-part series on the Catholic Church in Cuba. The Church is the only national institution that functions independently of the government. In the 1960's, the government confiscated Church properties. However in the 1990's the government's attitude toward the Church began to change, culminating in a Papal visit by Pope John Paul.  The article summarizes the situation:  "Since 1998, the regime has alternated between allowing, even endorsing, Catholic expressions of identity and belief and brutally persecuting Christians who ask for more freedom — against the backdrop of a populace mostly concerned with financial survival."

Trial Set To Start In Long-Pending Establishment Clause Challenge To "Waldorf" Schools

Today's Sacramento Bee reports that a federal court trial is scheduled to begin Aug. 31 in a challenge to two Northern California school districts that have created "Waldorf" schools. The lawsuit, originally filed in 1998 has gone through a number of appeals. It alleges that "Waldorf "schools violate the Establishment Clause as well as church-state separation provisions of the California Constitution. Twin Ridges School District opened a Waldorf-inspired charter school in 1995; a Sacramento elementary school was converted to Waldorf Methods in 1996. According to a 1998 press release from People for Legal and Nonsectarian Schools (PLANS), the group which filed the lawsuit:

Waldorf schools were founded in 1919 in Stuttgart, Germany, by Austrian-born New-Age guru Rudolf Steiner (1861-1925). After Steiner's attempt to found a spiritually-oriented political party had failed, he turned to education as a way to carry on his work by preparing souls for reincarnation as the leaders of the next epoch of history. There are now over 500 private Waldorf schools world-wide, including about 150 in the U.S., with philosophical guidance from the international Anthroposophical Society centered in Dornach, Switzerland. In recent years Rudolf Steiner College, a teacher training seminary in Fair Oaks, CA, has led a campaign to establish Waldorf programs in public schools. The charter school movement has accelerated this process.

Parental interest in Waldorf schools is growing, and Sacramento opened a small public high school based on the system three years ago. Proponents say Waldorf is a holistic approach to education that has art infused into the curriculum.

Fired Rastafarian Prison Guards Sue Alleging Discrimination

Saturday's Philadelphia Inquirer reported on a lawsuit filed by three former prison guards who are followers of the Rastafarian faith against Community Education Centers that operates Delaware County's (PA) prison. The guards were fired after they refused for religious reasons to cut their hair, in violation of the prison's grooming policy. The guards argue that they should be allowed to put their hair up in buns, as women correctional officers are permitted to do. Their lawsuit charges religious, sexual and racial discrimination.

Recent Articles of Interest

From SSRN:

• Christina E. Wells, Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment, (University of Missouri School of Law Legal Studies Research Paper No. 2010-14, July 27, 2010).
• Jeff Redding, Institutional v. Liberal Contexts for Contemporary Non-State, Muslim Civil Dispute Resolution Systems, (Journal of Islamic State Practices in International Law, Vol. 6, No. 1, 2010).
• Robert C. Blitt, One New President, One New Patriarch and a Generous Disregard for the Constitution: A Recipe for the Continuing Decline of Secular Russia, (University of Tennessee Legal Studies Research Paper No. 107, July 27, 2010).
• Victor M. Muniz-Fraticelli, The Problem of Pluralist Authority, (July 28, 2010).
• Anita L. Allen, Veiled Women in the American Courtroom: Is the Niqab a Barrier to Justice?, (U of Penn Law School, Public Law Research Paper No. 10-25, July 27, 2010).
• Simon Butt, Islam, the State and the Constitutional Court in Indonesia, (Pacific Rim Law & Policy Journal, Vol. 19, No. 2, pp. 279-301, 2010).

From SmartCILP:

• Tim Newton, Has Evolution Disproved God?: The Fallacies in the Apparent Triumph of Soft Science, 4 Liberty University Law Review 1-95 (2009).

Israeli Government Wants Church of Holy Sepulchre To Pay Water Bills-- But Legal Complications Exist

Asia News reported Friday that in Israel, authorities in Jerusalem want the church of the Holy Sepulchre to begin paying for water that has traditionally been supplied to it without charge and, in addition, to pay for past water usage back to 1967.  Authorities threaten to cut off the church's water supply if  the bills are not paid.  Historically since at least 1917 the British Mandatory Government, the Jordanians and then the Israelis have supplied water to the church free of charge. There are also significant legal issues regarding exactly who is responsible for the bills. While government notices have been sent to "the church of the Holy Sepulchre," no such entity exists. Instead, under a complicated status quo agreement, use of the church is divided among numerous groups. As summarized by Wikipedia: "The primary custodians are the Eastern Orthodox, Armenian Apostolic, and Roman Catholic Churches, with the Greek Orthodox Church having the lion's share. In the 19th century, the Coptic Orthodox, the Ethiopian Orthodox and the Syriac Orthodox acquired lesser responsibilities, which include shrines and other structures within and around the building. Times and places of worship for each community are strictly regulated in common areas." All of this means that if the Israeli government is serious, it will have to reach agreements with the various groups about splitting the cost of water used in the common areas, and will have to install separate water meters in other parts of the building.

Lawsuit Challenges LA's Enforcement of Limits On Pot Dispensaries Against Rastafarian Temple

In Los Angeles, California last week, a state court lawsuit was filed by marijuana activist Ed Forchion (also known as NJWeedman) seeking to prevent the enforcement of the city's recently enacted Ordinance 181069 against his Rastafarian Temple. As described by NORML, the new ordinance seeks to limit the number of legally zoned pot dispensaries to fewer than 100. The complaint (full text) in Liberty Bell Temple II v. City of Los Angeles alleges that Rastafarians smoke marijuana as part of their religious rituals. Earlier this month, Los Angeles police raided Forchion's Rastafarian temple, seized marijuana it found there along with other items, and charged Forchion and Charquant Leyou with violating the Los Angeles Municipal Code. The lawsuit alleges that "The action of enforcement that occurred on July 14, 2010 are [sic.] clear violations of the Religious Freedom Restoration Act (RFRA) 42 U.S.C. 2000bb and the California Constitution's right to Due Process under the law." A press release issued by Forchion yesterday says in part: "I left the restrictive confines of the state of New Jersey to enjoy a new found freedom here in California. Per my now famous Hollywood Hemp Mansion Parties, I have been trying to live a good life and leave behind my days of activism, but this new assault on my rights now leaves me no choice but to legally battle coast to coast!"

Estate of Suicide Victim Sues Catholic Diocese For Negligence

AP reported Friday that the estate of a priest abuse victim who committed suicide has filed a lawsuit in a Pennsylvania state court against the Roman Catholic Diocese of Pittsburgh alleging that the suicide resulted from the diocese ending payments for mental health treatments of the victim.  39-year old Michael Unglo, abused as an altar boy in the 1980's, had attempted suicide twice before. The suit, seeking at least $50,000 in damages, alleges negligence on the part of the diocese which says it has already spent $300,000 for Unglo's treatment. The diocese continus to pay health insurance costs and a stipend for the former priest who has been convicted for molesting another boy.

Recent Prisoner Free Exercise Cases

In Smith v. Thompson, 2010 U.S. Dist. LEXIS 74666 (ED KY, July 23, 2010), a Kentucky federal district court rejected a prisoner's free exercise, RLUIPA and other challenges to a prison policy that prevents him from wearing his wedding right that contains stones which are contraband. Plaintiff alleged that he and his wife, as members of the African Methodist Episcopal Church, have entered into holy vows that  prohibit the removal and/or substitution of rings exchanged during their wedding ceremony. Among other things, the court concluded that plaintiff's contentions were not consistent with church doctrine.

In Rodriguez v. Wells, 2010 U.S. Dist. LEXIS 76764 (SD GA, July 29, 2010), a Georgia federal district court adopted a magistrate's recommendations (2010 U.S. Dist LEXIS 76770, June 30, 2010) and dismissed claims by a prisoner that the state prison system should offer kosher meals consistent with Jewish and Muslim dietary restriction. It also held that plaintiff had failed to exhaust his administrative remedies in objecting to being disciplined for boycotting three specific meals as part of a group demonstration. In a related case, Eraso v. Wells, 2010 U.S. Dist. LEXIS 76762 (SD GA, July 29, 2010), the court also adopted the magistrate's recommendations (2010 U.S. Dist. LEXIS 76760, June 25, 2010) and held that a complaint about lack of kosher food could not properly be raised in a habeas corpus proceeding, and in any case plaintiff had failed to exhaust administrative remedies.

In McCoy v. Frazier, 2010 U.S. Dist. LEXIS 76702 (ED VA, July 2, 2010), a Virgina federal district judge dismissed an inmate's free exercise challenge to a prison security rule that precludes Muslim prisoners from praying (or otherwise speaking) in Arabic (which their supervisor cannot understand) when the service includes inmates from different housing units and different security levels.

In Allen v. White, 2010 U.S. Dist. LEXIS 75884 (WD OK, July 27, 2010) a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 75665, April 22, 2010), and denied without prejudice a preliminary injunction to an inmate who wanted a Mesoamerican diet which conforms with his Aztec/Santeria beliefs, as well as ritual items, including incense, drums, animal pelts, and materials to build a fire pit, and certain books that are required by such beliefs. He also sought an injunction to prevent authorities from retaliating against him by transferring him to another institution. The court also denied his request to appoint counsel.

In Funderburk v. Nevens, 2010 U.S. Dist. LEXIS 75171 (D NV, July 26, 2010), a Nevada federal district court held that prison authorities had adequately accommodated plaintiff's participation in the Ramadan fast by providing pre-dawn and post-sunset meals.

In Jones v. Correctional Care Solutions, 2010 U.S. Dist. LEXIS 74647 (D SC, July 23, 2010), a South Carolina federal district court adopted a magistrate's recommendations and dismissed an inmate's objections to the fact that inmates observing Ramadan receive only snacks in addition to the dinner tray rather than an additional full lunch tray as well to eat then.

In Rouser v. Tilton, 2010 U.S. Dist. LEXIS 74629 (ED CA, July 23, 2010),a California federal magistrate judge in a recommendation to the court rejected claims by a Wiccan inmate regarding various interferences with his ability to practice his religion. Among other things, the opinion held that claims under RLUIPA for monetary damages are not available in personal capacity suits against officials and are barred by the 11th Amendment in official capacity suits.

In Sherman-Bey v. Marshall, 2010 U.S. Dist. LEXIS 74558 (CD CA, July 22, 2010), a California federal magistrate judge rejected objections by an inmate who is a member of the Moorish Science Temple of America to a prison ban on wearing of red clothing (except in sporting events). Plaintiff wanted to obtain a red fez, while prison rules permitted only white or gray ones. It also rejected complaints that there were no services, separate from Muslim ones, for Moorish Science adherents, and that prison rules permitted only five kinds of scented oils. The decision however granted plaintiff the right to file an amended complaint.

School Conservator's Remark In Firing Principal Did Not Violate Establishment Clause

In Brown v. North Panola School District, 2010 U.S. Dist. LEXIS 76419 (ND MS, July 28, 2010), the former principal of Como Elementary School in Como, Mississippi challenged on various First Amendment and other grounds her firing by a state Conservator who was appointed to take over the low-performing school district that included the school. The court rejected the argument that a comment the Conservator made when informing plaintiff of her non-renewal as principal violated the Establishment Clause.  The Conservator told plaintiff: "when God moves someone from one place, doors are opened in others and some things happen for the good." The court concluded that this "stray remark" did not amount to the state endorsing the Conservator's religious views.

Methodist Minister, Reform Rabbi Co-Officiate At Clinton-Mezvinsky Wedding

UPI reports on the Rhinebeck, New York wedding earlier this evening of Mark Mezvinsky and Chelsea Clinton, daughter of former President Bill Clinton and Secretary of State Hillary Rodham Clinton. Speculation over the nature of the wedding ceremony that would join together interfaith couple ended as it was announced that Methodist minister William S. Shillady and Rabbi James Ponet co-officiated. Shillady is executive director of the United Methodist City Society. Ponet, a Reform rabbi, is Jewish chaplain at Yale University and heads Yale's Joseph Slifka Center for Jewish Life. The United Methodist Church leaves the question of mixed-faith ceremonies to local pastors and allows ministers to adapt the wedding ceremony to some extent. (See prior posting.) Reform rabbis may decide as a matter of individual conscience whether or not to officiate at interfaith marriages, though the Reform movement's rabbinical organization opposes participation in mixed marriage ceremonies. (FAQ from Union for Reform Judaism). UPI also reported that the wedding menu included vegan fare for Chelsea Clinton. Of course that would also satisfy concerns of some Jewish participants who observe Kosher dietary laws.

ADL Surprisingly Opposes Islamic Center Near Ground Zero

The New York Times reports that in a surprising move yesterday, the Anti-Defamation League came out in opposition to the proposed building of an Islamic center and mosque two blocks from Ground Zero in lower Manhattan, calling instead for an alternative location to b e found.. (Full text of ADL statement). Supporters of the planned $100 million complex that will contain prayer space, a performing arts center, a pool and a restaurant, see it as an attempt to build a national model of moderate Islam. However, the proposal has become increasingly controversial, especially as Republicans around the country began to use it as a campaign issue.  Sarah Palin has called it an "unnecessary provocation." While the ADL continued to criticize opposition based on religious bigotry, now ADL national director Abraham Foxman says that the location is offensive to families of 9-11 victims. He remarked: "Their anguish entitles them to positions that others would categorize as irrational or bigoted." According to the Times, the ADL's statement could constitute "a turning point in the battle over the project." Among those highly critical of the ADL's new statement is columnist Paul Krugman.