Court OKs Prevailing Wage Requirement Applied To Religious Group's State Assisted Project

In McKinley Foundation at the University of Illinois v. Illinois Department of Labor, (IL App., Sept. 10, 2010), an Illinois appellate court held that applying the state's Prevailing Wage Act to construction of student housing by a foundation functioning as as Presbyterian ministry for college students does not violate the Establishment Clause. The housing was supported in part by tax exempt bonds issued by the Illinois Finance Authority. Classifying it as a "public body" for purposes of that Act does not create Establishment Clause problems.

City Removes Christian Flag From Veterans Memorial

On the advice of its city attorney, King City, North Carolina's city council voted 3-1 on Monday to remove a Christian flag that had flown at the city's veterans' memorial along with the U.S., state, city and other flags. According to today's Winston-Salem Journal, the decision reverses an August city council vote to keep the flag, which carried a Latin cross inside a blue canton on a white field. Council member Wesley Canton who was the one negative vote on Monday complained: "We cannot let the threat of a lawsuit stand in the way of our religious freedom."

Pope Meets Queen Elizabeth; Recalls Britain's Deep Christian Roots

VIS reports on the start of Pope Benedict XVI's apostolic trip to the United Kingdom. The Pope was greeted yesterday at his first stop, in Birmingham, by Queen Elizabeth and the Duke of Edinburgh. They met at Holyroodhouse Palace, the Queen's official residence in Scotland. After a private meeting with the Queen, the Pope addressed some 400 guests, including representatives of the Catholic and Anglican Churches and members of the Scottish Parliament.  In his remarks (full text), the Pope said in part:

The name of Holyroodhouse ... recalls the “Holy Cross” and points to the deep Christian roots that are still present in every layer of British life. The monarchs of England and Scotland have been Christians from very early times and include outstanding saints like Edward the Confessor and Margaret of Scotland. As you know, many of them consciously exercised their sovereign duty in the light of the Gospel, and in this way shaped the nation for good at the deepest level. As a result, the Christian message has been an integral part of the language, thought and culture of the peoples of these islands for more than a thousand years. ....

Today, the United Kingdom strives to be a modern and multicultural society. In this challenging enterprise, may it always maintain its respect for those traditional values and cultural expressions that more aggressive forms of secularism no longer value or even tolerate. Let it not obscure the Christian foundation that underpins its freedoms; and may that patrimony, which has always served the nation well, constantly inform the example your Government and people set.... 

Bullying and Discrimination Against Students On Religious and Other Grounds Banned By New NY Law

On Monday, New York Governor David Patterson singed into law the Dignity for All Students Act.  The new law prohibits bullying of students by other students or school employees, as well as discrimination against students, taking place on school property or at a school function when the bullying or discrimination is based on the victim's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. Yesterday's Queens Chronicle reports on the new law that takes effect July 1, 2012. (See prior related posting.)

Restaurant Chain Sues Church For Trademark Infringement

CNN reported yesterday that the pancake restaurant chain IHOP has filed a trademark infringement lawsuit in a California federal district court against a Kansas City, Missouri based church group known as International House of Prayer. The church uses the "IHOP" acronym widely. The lawsuit charges that "IHOP-KC intended to misappropriate the fame and notoriety of the household name IHOP to help promote and make recognizable their religious organization," [Thanks to Steven H. Sholk for the lead.]


UPDATE: The Kansas City Star reported on Dec. 30 that IHOP has voluntarily dropped its lawsuit while mediation discussions take place. However the dismissal which was without prejudice leaves open the possibility that the suit could be refiled. [Thanks to Alliance Alert for the lead.]

Native American Church Sues To Prevent Peyote Arrests

The Oklevueha Native American Church on Monday filed a lawsuit in federal district court in Utah seeking to enjoin state and federal officials from arresting or bringing criminal charges against church members for their use of Peyote.  Yesterday's Salt Lake Tribune reports that members of the federally recognized Native American Oklevueha Church have been harassed, arrested and prosecuted in Utah.  Native American religious practices have spread beyond those with tribal ancestry, but U.S. law grants a religious exemption for the use of Peyote only to those who are members of federally recognized Indian tribes.

New Jersey Transit Fires Employee For Burning Pages From Qur'an

During a protest on Sept. 11 in New York City at the site of a proposed mosque and Islamic center near Ground Zero, Derek Fenton who has worked for New Jersey Transit for 11 years burned pages from a Qur'an. Police took Fenton away from the protest, but did not arrest him. The New York Daily News reported Tuesday that Fenton has now been fired from his job for violating New Jersey Transit's Code of Ethics. An ACLU spokesman says that if Fenton was off duty, his 1st Amendment rights were likely violated by the firing. [Thanks to Eugene Volokh via Religionlaw for the lead].

Court Says Limitation Period Has Expired On Child Sex Abuse Case From 1940's

According to yesterday's Newark (NJ) Star Ledger, a New Jersey state trial judge has dismissed on statute of limitations grounds a lawsuit filed by two men claiming physical and sexual abuse by nuns at an orphanage over 65 years ago. New Jersey's statute of limitations allows child sex abuse claims to be filed up to two years after reasonable discovery that an injury was caused by abuse.  The plaintiffs, now in their 80's, say the abuse occurred at Sacred Heart Orphanage when they were between 10 and 14 years old.  One plaintiff argued he remembered physical beatings, but repressed memories of the sexual abuse until 2004 when he saw a CNN report on payouts to other abuse victims.  The other plaintiff says for decades he believed he had enjoyed the sexual abuse. The court concluded that the men should have filed in the mid-1990's, or at least by 2001, when media reports of similar cases should have triggered their memories.

Many In Britain Have Negative Attitudes Toward Pope's State Visit

Several stories yesterday outlined the negative feelings among many in Britain about the Pope's visit that begins today.  Aol News reports that a large percentage oppose the government's plans to pay for part of the Pope's security and hotels, as it does when any other head of state visits. Also advocates for clergy sex abuse victims plan demonstrations in London this week end. A piece by John Laughland, studies director at the Institute of Democracy and Cooperation in Paris, published by Newsmax is titled "Vatican Shocked At Britain's Hostile Reaction To Pope." Laughland argues that "Britain has become one of the most virulently anti-Christian countries in the world."

Parents Complain That High Schoolers Were Disciplines For Leaving Donuts and Religious Messages In Teachers' Lounge

In Roswell, New Mexico, 200 members of Church on the Move showed up at Tuesday's Roswell Independent School Board meeting to protest suspensions and detentions handed out to 25 students for leaving donuts with religious messages in the teachers' lounges of their high schools.  AP reported yesterday that the students are part of the church's ministry group known as Relentless in Roswell. The group has already filed an unrelated lawsuit against the school district after students were disciplined for handing out dolls in the form of fetuses, with a Bible verse and an ad for a pregnancy resource center attached. School rules bar advertising on high school campuses.

California Deputy Sheriff Sues County For Religious Discrimination Growing Out of Mel Gibson Arrest

Last week, Los Angeles sheriff deputy James Mee filed suit in California state court charging the Sheriff's Department with religious discrimination, retaliation and harassment growing out of Mee's arrest in 2006 of actor Mel Gibson on drunk driving charges. According to the complaint (full text) in Mee v. County of Los Angeles, (L.A. Super. Ct., filed 9/7/2010), When Gibson was arrested he launched into an anti-Semitic tirade against Mee, who is Jewish. Mee was ordered by his superiors to delete reference to Gibson's anti-Semitic statements in his report, and to file them as a confidential supplemental report. However 4 pages of the original report containing the anti-Semitic statements were leaked to the celebrity website TMZ.  Mee alleges that despite the fact that a number of non-Jewish deputies had access to the original report, only he was investigated for leaking it. Mee's complaint lists a string of negative employment actions taken against him, allegedly motivated by religious discrimination. Gibson had close ties with the sheriff and the Department, and went to the same church as one of Mee's supervisors. People and Malibu Surfside News both report on Mee's filing of his lawsuit last week.

Ugly Battle Between Bank and Synagogue Plays Out In Bankruptcy Court

Yesterday's Palm Beach (FL) Post reports on a rather ugly battle between a Chabad synagogue in Boynton Beach, Florida and Stonegate Bank that made the synagogue a $3.8 million loan in 2007 that was supposed to have been used to expand Chabad's campus. Chabad sued the bank in 2009 alleging that it failed to follow through with additional promised financing. In October, Stonegate Bank responded by filing suit to foreclose on the synagogue's assets (including its Torah scrolls and its members' pledges) to obtain repayment of the loan. In June 2010 the synagogue filed for Chapter 11 bankruptcy protection, which normally suspends lawsuits. However now the Bank has asked the bankruptcy court to allow it to proceed with the foreclosure action, arguing that the synagogue's bankruptcy petition was filed in bad faith.  The bank's motion to allow it to proceed was filed on Rosh Hashanah. A hearing on the motion is scheduled for Sept. 24, which is the Jewish holiday of Sukkot.  The synagogue's lawyer says the Rosh Hashanah filing was particularly disrespectful, and threatens to have a chilling effect on pledges that members usually make during this week's Yom Kippur holiday because those pledges are at risk of being diverted from Chabad to the Bank.

Indiana Church Sues Over Landmarking of Its Building

A Cumberland, Indiana church last week filed a federal lawsuit alleging that the decision by the Indianapolis Historic Preservation Commission to designate the church's property and building as an historic area infringes the Church's free exercise rights under the U.S. and Indiana constitutions and under RLUIPA, violates its free speech rights, denies the Church equal protection of the laws and amounts to an unconstitutional bill of attainder.  The complaint (full text) in St. John United Church of Christ v. Indianapolis Historic Preservation Commission, (SD IN, Filed Sept. 10, 2010), alleges that the church has a shrinking and aging congregation, that its building needs extensive repairs and  is costly to maintain, and that the church needs a new building to attract younger members. The church had negotiated a sale of its building to developers who would use the site for new construction. The proceeds of the sale were to be used to build on another site already owned by the church. However the county prevented the sale of the building by designating it a historic landmark. A press release from the Storzer & Greene law firm announced the filing of the lawsuit.

County Officials Again Wary of Sanitation Code Violations In Kaparot Ceremonies

As the Jewish holy day of Yom Kippur approaches (it begins Friday evening), authorities in Rockland County, New York are again expecting sanitation code violations to arise from the practice of many strictly Orthodox Jews to use live chickens in the traditional ceremony of kaparot. The ritual involves symbolic passing off of one's sins to the chicken which is then slaughtered. The bird is eaten or the meat is donated to the needy. According to an RNS article carried by the Oklahoman last week, in the ceremony in Rockland County each year, more than 10,000 chickens are slaughtered.  Health officials are trying to work with organizers of the ceremony, but as of last week had been unsuccessful in doing so.  Many observant Jews urge substituting money equal to the cost of a live chicken in the ceremony, and then donating those funds to charity. Rockland County health officials say that the ultra-Orthodox community has accumulated over $15,000 in fines since 2007 for code violations relating to the ceremony. (See prior related posting.)  Only about half the fines have been collected.

Pope's State Visit To Britain Begins Thursday

Pope Benedict XVI begins a four-day state visit to Great Britain tomorrow. The full schedule for the visit, which begins in Edinburgh with a visit to the Queen in the Palace of Holyroodhouse, is posted on the Vatican's website.Yesterday's Financial Times reports on some of the logistical issues faced by those planning the trip.  The Pope's trip will culminate in a ceremony in Birmingham on Sunday beatifying Cardinal John Henry Newman, a 19th century British theologian. Zenit yesterday published an interview with Francis Campbell, U.K. ambassador to the Holy See, who said that the U.K. attaches great importance to its relationship with the Holy See.

Israel's Interior Ministry Will No Longer Accept Online Payments On the Sabbath

Israel's Interior Ministry accepts online payments for various services, such as renewing a passport, replacing a lost identity card or obtaining a permit to hire a foreign worker.  Haaretz reported yesterday that Interior Minister Eli Yishai, of the religious Shas Party, has ordered that the Ministry's computers be reprogrammed so they will not accept payments on the Jewish Sabbath or Jewish holidays. Critics say the change is uncalled for since receipt of online payments does not require Ministry personnel to work on the Sabbath or holidays.

Justice Breyer Says 1st Amendment Protection of Qur'an Burning Is Unclear

U.S. Supreme Court Justice Stephen Breyer, in an interview broadcast on ABC News Good Morning America yesterday, said that whether burning the Qur'an is protected by the First Amendment is still an open question.  He told interviewer George Stephanopoulos: "[Justice] Holmes said [the First Amendment] doesn’t mean you can shout 'fire' in a crowded theater. Well, what is it?  Why?  Because people will be trampled to death.  And what is the crowded theater today?  What is the being trampled to death?'

France's Senate Passes Ban on Burqa and Niqab

France's Senate today, by a vote of 246-1, approved a bill banning wearing anywhere in public of garments such as the niqab or burqa that include a full-face veil.  The National Assembly, the lower house of France's Parliament has already approved the bill. (See prior posting.) According to BBC, the bill now goes to France's Constitutional Council which has one month to confirm the law's constitutionality. If it passes this hurdle, it will go into effect in six months, though it could also be challenged before the European Court of Human Rights in Strasbourg. Hours after the Senate's action, French police, in response to a bomb threat, evacuated the Eiffel Tower and the park around it. (CNN). It is not clear whether the threat was connected to the Senate's action.

UPDATE: To clarify the voting numbers, the French Senate has 346 members. (Wikipedia.) Most of the opposition Socialist senators abstained. They do not favor full-body veils, but oppose banning them through legislation. (Wall Street Journal).

Suit Seeks Religious Exemption From Catholic School For Immunization Requirement

Fox News yesterday reported on a lawsuit filed in a Nassau County, New York state court against a Catholic high school by parents of a 14-year old seeking to require the school to accept their religious objections to vaccination requirements and enroll their son.  The parents, Andrea and Paul Polydor, say they believe that immunizations defile bodies as created by God and show a lack of faith in God and his divinely created immune system. Kellenberg Memorial High School says state law requires a Certificate of Immunization before students can begin to attend classes. New York law does provide for religious exemptions if the school determines the objections are legitimate.

Australian University Suspends Lawyer Over Smoking of Bible And Qur'an Pages On YouTube

In Australia, the Queensland University of Technology has placed research lawyer Alex Stewart on leave after he posted a 12-minute video on YouTube showing him smoking what he says were grass clippings wrapped in pages of the Bible and the Qur'an. The video was titled "Bible of Koran--which burns best?" Today's London Telegraph describes the video on which Stewart, an organizer with the Brisbane Atheists, calls the Bible and Qur'an "just books."  Stewart now fears he will be fired over the video.  University vice chancellor Peter Coaldrake said: "There is no need for this kind of thing, just to create disunity and disharmony among people living in Australia."