North Carolina Appeals Court Says Presbyterian College's Police Force Violates Establishment Clause

In State of North Carolina v. Yencer, (NC App., Aug. 17, 2010), the North Carolina Court of Appeals held that the campus police force at religiously-affiliated Davidson College is unconstitutional because it violates the Establishment Clause for the state to delegate discretionary police powers to a religious institution. The holding came in response to a motion by a defendant in an impaired driving case who sought to suppress evidence obtained by campus police officers.  In reaching its conclusion, the Court of Appeals indicated it felt bound by two earlier North Carolina Supreme Court decisions that had reached a similar result as to the police forces at Campbell University and Pfeiffer University. The court expressed doubt whether it would have reached the same conclusion regarding Presbyterian Church affiliated Davidson College if it were not bound by state Supreme Court precedent.  It cited U.S. Supreme Court cases upholding grants to church-affiliated colleges that are not pervasively sectarian.  The Court of Appeals encouraged the state Supreme Court to grant review to consider the case without the constraints of precedent faced by the court of appeals. North Carolina's Campus Police Act under which the Davidson College police force was certified was enacted by the legislature specifically to assure that colleges originally established by or affiliated with religious institutions could have police forces. Yesterday's Raleigh (NC)News & Observer reported on the court's decision.

Court Rejects Challenge By Donors and Diocese To Plans For Sale of Catholic High School

In Anderson v. Loretto High School, (CA App., Aug. 10, 2010), a California appellate court concluded that the Roman Catholic Bishop of Sacramento and seven donors to a $4.5 million capital campaign of a Catholic high school are  not entitled to a temporary restraining order or preliminary injunction to require the proceeds of the sale of the school to a private company to be held in escrow.  The Loretto Sisters who operated the school plan to use the proceeds of the sale to pay off debts and provide retirement benefits for members of their religious order.  The school closed because of declining enrollments several years after the capital improvements were made. Plaintiffs sued to require that a portion of the sale price of the school be devoted to the education of women of high school age attending Catholic school in Sacramento. The court concluded that plaintiffs had not shown they were likely to succeed on the merits of their claims under the California non-profit corporation law. There was no showing that donors had intended their contributions to be restricted beyond their initial application to capital improvements of the school.  There was no improper diversion of those contributions. Today's California Catholic Daily reports on the decision and gives additional background.

Christian Student Disrupts Muslim Worship At Nigerian University

A Christian law student at Nigeria's University of Ibadan has created a campus furor by intruding on a Muslim worship service shouting that those in attendance should accept Jesus.  Next reports that the incident occurred last Friday, the first Friday of Ramadan, at a Jumat service led by the university's Chief Imam. The female law student, Seun Bunmi Adegunsoye, entered the service dressed like a Mulim and began shouting: "Except you accept Christ in your life, you are not safe.... Allah is not God; Jesus is Lord." The University's Vice Chancellor quickly intervened to calm tensions and promised a full investigation. However the president of the University's Muslim Student Society says the incident was an attempt to perpetuate a religious crisis in Nigeria. He objects to the release of Ms. Adegunsoye to her parents, saying: "The terrorist is let loose despite the heinous crime she had committed." Muslim students are planning a protest and are demanding that examinations, scheduled to begin at the Law School yesterday, be postponed until Ms. Adegunsoye is brought to justice.

Heated Debate on 10 Commandments Proposal At Marion, IL City Council

WSIL TV News today reports on a rather heated exchange last night at a meeting of the Marion, Illinois City Council.  A large crowd came to the meeting to support a proposal by Marion resident Ken Kessler who wants a Ten Commandments monument to be placed on the town's Tower Square. Chicago atheist and activist Rob Sherman, who has filed lawsuits on other church-state issues (see prior posting), showed up to oppose the idea. Responding to Sherman's opposition, Council member Jay Rix said: "You make me sick to my stomach." Supporting the Ten Commandments proposal, Mayor Bob Butler said: "In God's will this will be done." Opponent Sherman says that if the city tries to sell off a portion of the town square to make it private property before erecting the monument, he may attempt to outbid supporters so he could put up a monument supporting atheism. Sherman wants the Ten Commandments monument put up only on church or other private property.

Sen. Reid Opposes Ground Zero Mosque As Republicans Make It A Campaign Issue

Republicans are making a campaign issue out of President Obama's statement (see prior posting) that Muslims have the right to build a mosque and community center near New York's Ground Zero. The Los Angeles Times reports yesterday that Senate majority leader, Nevada Sen. Harry Reid, responded to demands of his Republican opponent, Sharron Angle, that he take a stand.  Yesterday he issued a statement through an aide reading:

The 1st Amendment protects freedom of religion. Sen. Reid respects that, but thinks that the mosque should be built someplace else.

By issuing the statement as an e-mail from an aide, Reid avoided giving Republicans video of his openly disagreeing with President Obama who has raised millions of dollars in campaign funds for Reid. Meanwhile, Fox News reports yesterday that Republicans are now targeting Republican Sen. Charles Schumer for not speaking out on the issue.

9th Circuit Stays Order Striking Down Proposition 8; Seeks Briefing On Standing

The U.S. 9th Circuit Court of Appeals today in Perry v. Schwarzenegger entered an order (full text) granting a stay during the appeal process of the district court's order that enjoined enforcement of California's Proposition 8. (See prior posting.) The court also ordered that the appeal be expedited and that it be scheduled for argument during the week of December 6, 2010.  Finally, it ordered appellants to include in their opening brief a discussion of why the appeal should not be dismissed for lack of standing.  The stay means that same-sex marriages will continue to be banned in California, at least until the federal appeals court rules in the case.  The San Francisco Chronicle, reporting on the decision, said that several counties had been planning to keep clerks' offices open late on Wednesday to handle the expected rush of same-sex couples seeking to be married. [Thanks to Empty Wheel for posting the text of the order.]

Israeli Court In Middle of Dispute Over Removal of Tombstones From Area Said To Contain No Graves

According to last Friday's New York Times, in Israel last week, a Jerusalem district court initially agreed with the city and the Israel Antiquities Authority that the Aqsa Foundation had placed tombstones on top of an area of the former Ma'man Allah Cemetery where there were no graves in an attempt to prevent construction by the Simon Wiesenthal Center of a Museum of Tolerance. When the project was announced, Muslim objections were voiced because the parking lot which was the site of the proposed building had nearly a century ago been part of a Muslim cemetery. (See prior posting.)  The Wiesenthal Center says there are no human remains in the part where it plans to build. With the consent of the city, the Aqsa Foundation has been restoring an adjacent area.  Apparently the Foundation brought 300 tombstones into the Wiesenthal Center construction area, outside the portion on which the Foundation was supposed to be working. Last Monday, with consent by the court, city authorities began to clear out those tombstones. A Muslim sheik tried to stop the work and was injured. The Foundation went back to court last Wednesday and on Thursday the court called on both sides to return with further evidence.

Tanzanian Court Dismisses Illegal Preaching Charges Against Two Evangelists

BosNewsLife reports that a court in Dar Es Salaam, Tanzania yesterday dismissed charges of "illegal preaching" against two Anglican evangelists who have been held since October 2009.  Apparently Muslims invited evangelists Eleutery Kobelo and Cecil Simbaulanga to engage in a religious debate in a neutral venue in Dar Es Salaam. When they arrived, however, security agents arrested them. Apparently no prosecution witnesses showed up in court to support the charges, so the case was closed.

New North Carolina Law Allows 2 Excused School Absences For Religious Holidays

Yesterday's Charlotte (NC) Observer reports on a new law signed last month by North Carolina's governor that requires public schools and colleges in the state to adopt rules giving students a minimum of two excused absences each academic year for religious observances required by the student's faith.  Session Law 2010-112 allows schools to require prior written notice of absences for religious reasons, and requires that students be given an opportunity to make up tests and other work missed due to an excused absence for a religious observance. Rep. Rick Glazier, who co-sponsored the bill, says: "It has to be a bona fide holiday; you don't get to just take the day off because you want to pray at home."

Recent Articles of Interest

From SSRN:

• Toni M. Massaro, Christian Legal Society v. Martinez: Six Frames, (Arizona Legal Studies Discussion Paper No. 10-27, Aug. 12, 2010).
• Geoffrey P. Miller, Nomadism, Dependency, Slavery and Nationhood: Comparative Politics in the Book of Exodus, (NYU School of Law, Public Law Research Paper No. 10-49, Aug. 11, 2010).
• Geoffrey P. Miller, Leadership, Self-Governance and Nationhood in the Hebrew Bible, (NYU School of Law, Public Law Research Paper No. 10-50, Aug. 11, 2010).
• Geoffrey P. Miller, Revelation and Legitimacy in the Hebrew Bible, NYU School of Law, Public Law Research Paper No. 10-52, Aug. 12, 2010).
• Charles J. Russo & William E. Thro, Preserving Orthodoxy on Secular Campuses: The Right of Student Religious Organizations to Exclude Non-Believers, (Education Law Reporter, Vol. 250, p. 497, January 2010).

Suit Challenges Library Meeting Room Rules

Last week, Ilene Vick, author of the book Personality Based Evangelism, filed a federal lawsuit against the Putnam County, Tennessee Library challenging its rules on use of its meeting rooms. The complaint (full text) in Vick v. Putnam County, (MD TN, filed 8/12/2010), alleges that plaintiff was denied use of the Library's meeting room to hold a small group discussion on the ideas in her book. Library rules an use of meeting rooms for "social, political, partisan or religious purposes." The lawsuit claims that the policy infringes plaintiff's free speech rights, as well as her due process and equal protection rights. It claims tat the policy is unconstitutionally vague and overbroad, and discriminates on the basis of the content of speech and the viewpoint of the speaker. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Recent Prisoner Free Exercise Cases

In Nelson v. Runnels, 2010 U.S. Dist. LEXIS 82080 (ED CA, Aug. 11, 2010), a California federal magistrate judge recommended denial of defendants' motion for summary judgment, concluding that genuine issues of material fact remain as to an inmate's First Amendment claims that he was denied the right to attend religious services on two occasions in retaliation for his filing administrative grievances. Prison authorities say he did not sign up to attend as required by prison regulations.

In Myers v. Scribner, 2010 U.S. Dist. LEXIS 81962 (SD CA, Aug. 10, 2010), a California federal district court adopted recommendations of a magistrate (2010 U.S. Dist. LEXIS 81961, May 24, 2010) and dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not permitted to organize a Christian-based celebratory feast marking the Last Supper to be attended by 800 inmates.

In Sturdevant v. Holder, 2010 U.S. Dist. LEXIS 81184 (ND WV, Aug. 10, 2010), a West Virginia federal court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 81185, Jan. 10, 2010) and dismissed on the merits a Native American inmate's claim that he was hindered in his religious practice of weekly sweat lodge ceremonies, pipe ceremonies, and yearly pow-wow feasts.

In Taylor v. Halladay, 2010 U.S. Dist. LEXIS 81060 (ND NY, Aug. 9, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 81193, July 1,2010)dismissing a prisoner's case. However the magistrate had recommended that plaintiff be permitted to file an amended complaint asserting that his First Amendment rights were violated when because of his administrative confinement in a special housing unit he was unable to attend religious programming.

In Gabriel v. Gusman, 2010 U.S. Dist. LEXIS 80332 (ED LA, Aug. 10, 2010), a Louisiana federal district court adopted a magistrate' recommendations (2010 U.S. Dist. LEXIS 80264, July 16, 2010), and dismissed a Baptist inmate's complaint that the prison offered no religious programs or communal services. Plaintiff has a Bible and is permitted to practice his religion on his own.

In Lewis v. Ryan, 2010 U.S. Dist. LEXIS 80624 (D AZ, July 9, 2010), an Arizona federal district court rejected an inmate's free exercise complaint that he was not allowed to use his retention funds to make a contribution to a charity of his choice. He was allowed to make some donations, and ones of his choice from his spendable account funds.

In Jordan v. Caruso, 2010 U.S. Dist. LEXIS 80487 (WD MI, Aug. 10, 2010), a Michigan federal district court rejected a Jewish prisoner's challenge to the prison's group worship policy that allowed group worship only if at least five prisoners request it and which denied him participation by teleconference in a service elsewhere. However the court permitted plaintiff to move ahead with his challenge to the requirement he work on the Sabbath and rules that mandate he wait 90 days before requesting a new work schedule even for religious reasons. The magistrate's recommendations in the case are at 2010 U.S. Dist. LEXIS 80486, Jan. 28, 2010).

Church Wins In Its RLUIPA and Constitutional Challenges To Zoning Denial

In a lengthy opinion, a New York federal district court in Fortress Bible Church v. Feiner, 2010 U.S. Dist. LEXIS 82043 (SDNY, Aug. 11, 2010), held that the Town of Greenburgh, New York violated RLUIPA's "substantial burden" provisions, as well as the free exercise and equal protection provisions of the U.S. and New York constitutions, in denying an application by Fortress Bible Church to build a new facility to house the church and its school, the Fortress Christian Academy. After making 622 findings of fact, the court found "overwhelming evidence of ... intentional delay, hostility and bias toward the Church's application...." The court ordered town officials to approve the Church's site plan, to grant zoning variances and waivers, and to issue a building permit.

Biblical References In School Board Member's Speech Did Not Violate Establishment Clause

In Rodriguez v. Jurupa Unified School District, (CA App., Aug. 10, 2010), a California state appellate court dismissed an establishment clause claim brought by a member of a school board who was censured by the board for sexual harassment. Plaintiff had claimed that comments by the school board president made when the censure motion was being considered-- comments drawing an analogy to events in the Biblical Garden of Eden-- violated the Establishment Clauses of the state and federal constitutions. The court disagreed, holding that the comments had a secular purpose and effect and did not unduly entangle the government with religion.

Court Orders Mets To Allow Kosher Vendor To Operate On Sabbath While Suit Is Pending

A New York federal district judge on Friday ordered the New York Mets to allow Kosher Sports to sell kosher hot dogs and other items at Friday night and Saturday afternoon games at Citi Field while a lawsuit is pending.  Yesterday's New York Daily News reports on developments in the damage suit brought by the food vendor that says it lost a half million dollars when it was banned from operating on those days. The Mets say the food cannot be kosher if the vendor sells it on the Sabbath. Kosher Sports says it sells food to non-Jews as well under its 10 year contract with the Mets.  According to today's New York Post, the Mets claim any damages were caused by Aramark, another vendor that refused to supply Kosher Sports with carts on Friday nights and Saturdays. In issuing the temporary order, federal district judge Jack Weinstein said he could not get involved in a dispute over rabbinical law. (See prior related posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Consent Decree Filed In DOJ's Suit Against Restaurant Charging Falun Gong Discrimination

The U.S. Department of Justice announced Thursday that it had filed a consent decree in its religious discrimination action against a Flushing, NY restaurant that ejected ten patrons on three separate occasions in 2008 because they were wearing shirts displaying beliefs of the Falun Gong movement. Lucky Joy Restaurant, Inc. and its president Xiao Rong admit that they refused service to Falun Gong practitioners.  The consent decree, which must still receive court approval, enjoins defendants from discriminating on the basis of religion, religious expression, religious dress or association with Falun Gong. Restaurant staff will also attend training on the legal requirements of non-discrimination in public accommodations, and a non-discrimination policy will be posted in the restaurant in English and Chinese. (See prior related posting.) In China, the government began a campaign in 1999 to ban Falun Gong. (Background).

President Hosts Iftar At White House; Supports Right To Build Mosque Near Ground Zero

Last night, President Barack Obama hosted an Iftar-- a meal to break the Ramadan fast-- at the White House.  In his remarks (full text), the President focused on the importance of faith and religious free exercise in America, and came out in support of the right of Muslim groups to build a controversial mosque and community center near Ground Zero in New York City.  Here are some excerpts from his remarks:

Here at the White House, we have a tradition of hosting iftars that goes back several years, just as we host Christmas parties and seders and Diwali celebrations. And these events celebrate the role of faith in the lives of the American people. They remind us of the basic truth that we are all children of God, and we all draw strength and a sense of purpose from our beliefs.

These events are also an affirmation of who we are as Americans. Our Founders understood that the best way to honor the place of faith in the lives of our people was to protect their freedom to practice religion.....  Indeed, over the course of our history, religion has flourished within our borders precisely because Americans have had the right to worship as they choose -– including the right to believe in no religion at all..... Now, that's not to say that religion is without controversy. Recently, attention has been focused on the construction of mosques in certain communities -– particularly New York.  Now, we must all recognize and respect the sensitivities surrounding the development of Lower Manhattan....

But let me be clear. As a citizen, and as President, I believe that Muslims have the same right to practice their religion as everyone else in this country. (Applause.) And that includes the right to build a place of worship and a community center on private property in Lower Manhattan, in accordance with local laws and ordinances. This is America. And our commitment to religious freedom must be unshakeable. The principle that people of all faiths are welcome in this country and that they will not be treated differently by their government is essential to who we are. The writ of the Founders must endure.

The New York Times reports that leading Republicans quickly criticized Obama's statement and earlier today the President "recalibrated" his remarks, saying:

I was not commenting, and I will not comment, on the wisdom of making the decision to put a mosque there. I was commenting very specifically on the right people have that dates back to our founding. That’s what our country is about.

Clergy Abuse Victims Testify In Wilmington Diocese Bankruptcy Proceedings

In what appears to be a first, seven victims of clergy sexual abuse were called to testify in the bankruptcy proceedings for the Catholic Diocese of Wilmington, Delaware.  Today's Delaware News Journal reports that the testimony came as Bankruptcy Judge Christopher Sontchi is considering whether to lift a stay on lawsuits against the Diocese. Eighty-one civil lawsuits have been filed, and some are on track to go to trial in state court this fall. All seven victims who testified said they wanted to move ahead with litigation and did not trust the Diocese to negotiate in good faith in settlement talks.

Bulgaria Hopes Religious Archeological Find Will Draw Tourists

Today's Wall Street Journal reports that the Bulgarian government is hoping that tourism receives a boost after an archaeological discovery on an island off Bulgaria's Black Sea coast. Archaeologists and clerics say they have found bones belonging to St. John the Baptist, who is particularly revered by Orthodox Christians. The remains, including a skull fragment and a tooth, were discovered during excavation of a 4th century monastery on St. Ivan Island. They were buried next to a small urn inscribed with St. John's name and birth date. Bulgaria's Orthodox Church says they are authentic. The government is spending millions of dollars on items such as a new parking lot and new signs in preparation for a flood of tourists. However a number of countries claim to have bones or body parts of St. John.

British Tribunal Says Council Can Fire Housing Officer For Religious Barrage of Client

In Britain, an employment tribunal has ruled that the London borough of Wandsworth was justified in firing a housing officer who gave a client a half hour lecture telling her that she was ill because she did not have God or faith in her life. Solicitors Journal and BBC News this week report that the Christian employee, Duke Amachree, appealed his dismissal by the Wandsworth Borough Council claiming religious discrimination. The tribunal ruled, however, that Amachree was not treated any differently than a non-Christian having a discussion about non-religious healing would have been. The victim who complained said: "I have nothing against anyone having a religion but I do not expect this barrage at a housing interview."