9th Circuit: Christian Student Lacks Standing To Challenge College's Sexual Harassment Policy

In Lopez v. Candaele, (9th Cir., Sept. 17, 2010), the 9th Circuit Court of Appeals held that a Christian student at Los Angeles City College lacks standing to challenge the school's sexual harassment policy.  A speech professor interrupted and verbally attacked the student during a speech in which the student expressed religious opposition to same-sex marriage. The court concluded that there was never any credible threat to apply the sexual harassment policy to discipline the student for expressing his views. Courthouse News Service reports on the decision. (See prior related posting.)

Suit Challenges Lord's Prayer At Borough Council Meetings

The ACLU of New Jersey announced yesterday that it had filed a lawsuit in state court against the Borough Council of  Point Pleasant Beach, New Jersey challenging its practice of opening Council meetings with the recitation of the Lord's Prayer.  The complaint (full text) in Cadalzo v. Borough of Point Pleasant Beach, (NJ Super. Ct., filed 9/20/2010), alleges that at each council meeting the city clerk invites the audience to stand for the flag salute and Lord's Prayer, followed by the clerk making the sign of the cross. (Recording of prayer at council meeting.) A Catholic priest led the prayer during the first Council meeting of the year.  The lawsuit  asks the court to determine that Council's prayer practices violate the Establishment Clause of New Jersey's Constitution, Art. I, Sec. 4. Plaintiff also filed a brief (full text) in support of her motion for a preliminary injunction.

Condition of Suspended Sentence Does Not Violate Free Exercise Rights

In State of New Hampshire v. Perfetto,(NH Sup. Ct., Sept. 17, 2010), the New Hampshire Supreme Court held that the conditions imposed on the suspended sentence of defendant who was convicted of child pornography did not violate his right to the free exercise of religion.  Defendant was required to have no contact with minors under the age of 17. He sought to have the court modify the condition so that he could attend meetings at a Jehovah's Witnesses congregation. The court refused, observing that the condition was a neutral one that applies elsewhere as well.  Defendant is still free to practice his religion in many other ways.

Erskine College Lawsuit Over Presbyterian Church's Right To Replace Trustees Is Settled

AP reported last week that the lawsuit against General Synod of the Associate Reformed Presbyterian Church brought by the Alumni Association and three trustees of Erskine College in Due West, South Carolina (see prior posting) has now been settled. The suit was filed to challenge the attempt by the Church to replace the College's board of trustees. The suit is being withdrawn following a compromise worked out in June at a meeting of the General Synod.

Texas State Board of Education Will Consider Resolution on Anti-Christian Focus In Textbooks

The Agenda for this week's meeting of the Texas State Board of Education includes a resolution on "Balanced Treatment of Religious Groups in Textbooks."  According to the Dallas Morning News last week, the resolution warns textbook publishers not to include "pro-Islamic, anti-Christian distortions, in social study texts." The resolution cites world history texts no longer used in Texas schools, that devoted far more space to Muslim beliefs and practices than Christian ones, and other books that focused on Christian Crusaders' killing of Muslims in 1099, but not Muslim killings of Christians in the 13th century. A spokesperson for the Texas Freedom Network says the resolution's charges are superficial and misleading. Sponsors of the resolution warn that "Middle Easterners" are investing in U.S. textbook companies.

Kuwait Bans Sectarian Demonstrations As Sunni-Shiite Tensions Increase

Zawaya reports today that in Kuwait, the Ministry of Interior has placed a total ban on "sectarian" gatherings as tensions between Shiites and Sunnis in the country increase. The move comes after Shiite activist Yasser Al-Habeeb, who in 2004 fled Kuwait to London to avoid re-imprisonment, disparaged the Prophet Muhammed's wife Aisha by holding a ceremony in London to celebrate her death anniversary. Al-Habeeb's original arrest in 2003 grew out of an audiotape recording of a lecture in which he advanced the Shiite belief that Muhammad's wife along with several others were involved in the assassination of the Prophet. (Wikipedia). Several Sunni groups in Kuwait had planned to hold demonstrations in support of Aisha. However the demonstrations were called off to give the government time to take legal action against Habeeb, including revoking of his Kuwaiti citizenship.

New Poll Surveys Attitudes on Church-State Issues

The First Amendment Center last week released its 2010 Poll on The State of the First Amendment. (Full poll results.) Among the results--

• 75% strongly or mildly agreed that student speakers should be allowed to speak about their religious faith at public school events.
• 80% strongly or mildly agreed that student speakers should be allowed to offer a prayer at public school events.
• 28% do not think that the First Amendment requires a clear separation of church and state.
• 53% agree that the U.S. Constitution establishes a Christian nation.
• 76% strongly or mildly support Congress or the President declaring a national day of prayer.
• 48% say a candidate's religion is very or somewhat important in deciding how to vote.
• 28% believe that freedom of worship was not intended to apply to extremist or fringe groups.

Recent Articles of Interest

From SSRN:

• Dermot Groome, The Church Abuse Scandal: Were Crimes Against Humanity Committed?, (Chicago Journal of International Law, Forthcoming).
• Jeff Redding, Queer/Religious Friendship in the Obama Era, (Washington University Journal of Law & Policy, Vol. 33, p. 211, 2010).
• Jeremy A. Blumenthal & Terry L. Turnipseed, Is Voting in Churches (or Anywhere Else) Unconstitutional?: The Polling Place Priming (PPP) Effect, (Boston University Law Review, Forthcoming).
• Helen M. Alvare, Communion or Suspicion: Which Way for Woman and Man?, (Ave Maria Law Review, Vol. 8, No. 1, Fall 2009).
• Marci A. Hamilton, The 'Licentiousness' in Religious Organizations and Why it is Not Protected Under Religious Liberty Constitutional Provisions, (William & Mary Bill of Rights, Vol. 18, No. 953, 2010).

From SmartCILP:

• Haider Ala Hamoudi, The Death of Islamic Law, 38 Georgia Journal of International & Comparative Law 293-337 (2010).
• Sacred: Religion, Sexuality, and the Law. [Symposium transcript.] 16 Cardozo Journal of Law & Gender 637-699 (2010). 

Recent Prisoner Free Exercise Cases

In Musto v. Trinity Food Services, 2010 U.S. Dist. LEXIS 94063 (MD FL, Sept. 9, 2010), a Florida federal district court rejected claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated by his being denied certain supplemental food items with his kosher meals. It also rejected plaintiff's claim that he was denied sufficient visits by a rabbi, was denied access to religious materials and that he was denied fasting privileges.


In Muwwakkil v. Johnson, 2010 U.S. Dist. LEXIS 95143 (WD VA, Sept. 13, 2010), a Virginia federal district court rejected a number of claims by  Muslim inmate that his free exercise rights were being infringed.  His complaints included change of prayer service time, property limitations during prayer services, allowing in-pod religious services only on Wednesdays, denial of request to hold a large Arabic study group for all Sunni inmates, and unsuitable facilities furnished for religious services.


In Vigil v. Jones, 2010 U.S. Dist. LEXIS 95175 (D CO, Sept. 13, 2010), a Colorado federal district court dismissed an inmate's 1st Amendment, RLUIPA and equal protection claims that his rights were infringed when prison authorities refused to recognize his religion of "Judeo-Christianity." The claims for injunctive relief were dismissed without prejudice, with leave to file an amended complaint. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 95104, Aug. 9, 2010.


In Jabbar v. Burnett, 2010 U.S. Dist. LEXIS 94557 (ED VA, Sept. 9, 2010), a Virginia federal district court dismissed a Muslim inmate's objection to prison policy that prevents high security prisoners from attending religious services with the general prison population.


In Bebout v. Johns, 2010 U.S. Dist. LEXIS 95075 (ND FL, Aug. 24, 2010), a Florida federal district court dismissed, with leave to amend, a jail inmate's complaint that he was denied kosher food after he was seen eating non-kosher food.


In Alamiin v. Miller, 2010 U.S. Dist. LEXIS 94691 (WD OK, Sept. 10, 2010), an Oklahoma federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 94791, June 28, 2010), and allowed plaintiff to move ahead with a portion of his claims alleging denial of a Halal diet, dismissed other of the claims and dismissed a complaint about cancellation of certain religious services but permitted plaintiff to proceed with a claim regarding halal foods during the 'Eid-adha feast and his request to carry prayer oil on his person.


In Hudson v. Caruso, 2010 U.S. Dist. LEXIS 95475 (WD MI, Sept. 14, 2010), a Michigan federal district court adopted a magistrate's recommendations, 2010 U.S. Dist LEXIS 95626, Aug. 17, 2010) and denied a preliminary injunction requiring a prison to furnish plaintiff Halal food during the month of Ramadan.

Pope In Britain Speaks On Religion In the Public Square

Among the numerous addresses given by Pope Benedict XVI on his current visit to Great Britain was an address to representatives of civil society, academic, cultural and entrepreneurial world, diplomatic corps and religious leaders at Westminster Hall (full text). Here are is an excerpt relating to the role of religion in the public square:

Religion ... is not a problem for legislators to solve, but a vital contributor to the national conversation. In this light, I cannot but voice my concern at the increasing marginalization of religion, particularly of Christianity, that is taking place in some quarters, even in nations which place a great emphasis on tolerance.

There are those who would advocate that the voice of religion be silenced, or at least relegated to the purely private sphere. There are those who argue that the public celebration of festivals such as Christmas should be discouraged, in the questionable belief that it might somehow offend those of other religions or none. And there are those who argue – paradoxically with the intention of eliminating discrimination – that Christians in public roles should be required at times to act against their conscience. These are worrying signs of a failure to appreciate not only the rights of believers to freedom of conscience and freedom of religion, but also the legitimate role of religion in the public square. I would invite all of you, therefore, within your respective spheres of influence, to seek ways of promoting and encouraging dialogue between faith and reason at every level of national life.

Delaware Congressional Candidate Says Church-State Separation Phrase Came From Hitler

In Delaware, Tea Party candidate Glen Urquhart won this month's primary to become the Republican's candidate for the state's only seat in the House of Representatives.  He appears to have some some unusual church-state views.  Raw Story on Friday posted a video from an Urquhart campaign event in April in which Urquhart says:

Do you know, where does this phrase 'separation of church and state' come from? It was not in Jefferson's letter to the Danbury Baptists. ... The exact phrase 'separation of Church and State' came out of Adolph Hitler’s mouth, that's where it comes from. So the next time your liberal friends talk about the separation of Church and State ask them why they’re Nazis.

Urquhart says his statement was taken out of context and that he did not mean to suggest that liberals are Nazis.

Lawsuit Challenges Approval of Controversial Tennessee Islamic Center Plans

The Tennessean reports that a lawsuit was filed Thursday in Rutherford County (TN) Chancery Court seeking a temporary restraining order to halt construction of a controversial Islamic center being build in Murfreesboro, Tennessee. The suit claims that the county failed to give adequate advance notice under its Open Meetings Act of a May 24 Regional Planning Commission meeting at which the site plan for the Islamic center was approved unanimously. The complaint also claims that the county's zoning law denied plaintiffs due process by failing "to provide a hearing to examine the multiple uses of the ICM site and the risk of actions promoting Jihad and terrorism." (See prior related posting.) Murfreesboro's mayor says he believes the suit has no merit.

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.