Israeli Court Says Tenant Can Build Sukkah In Apartment Building Courtyard Over Owners' Objections

Tonight begins the Jewish holiday of Sukkot.  In Israel, a Magistrate's Court in Tel Aviv on Monday issued an interim injunction permitting tenants in an apartment building to build a Sukkah-- the traditional temporary hut erected for the holiday-- in an apartment building's courtyard over the objections of the apartment building's owners. According to Haaretz, the owners objected arguing that the Sukkah disturbed other tenants and damages the apartment house's garden. The court said that Israeli precedents permit tenants to make "customary and appropriate" use of public spaces in apartment buildings." [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Res Judicata Bars Free Exercise Challenge To Taking of Cemetery for O'Hare Expansion

In City of Chicago v. St. John's United Church of Christ, (IL App., Sept. 16, 2010), an Illinois appellate court held that res judicata bars the living relatives of individuals buried in Chicago's St. Johannes Cemetery from challenging the condemnation of the cemetery to expand O'Hare Airport.  The relatives claimed that their religious rights were infringed by disturbing the graves of their loved ones. The court held that rejection of virtually identical claims in a federal case brought by one of the relatives of those buried in the cemetery barred the claim because the initial plaintiff was an adequate representatives of all relatives. (See prior related posting.)

Libraries Ban 16-Year Old For Proselytizing Patrons

Yesterday's Columbus, Georgia Ledger-Enquirer reports that the Chattahoochee Valley (GA) library system has told a 16-year old boy that he is banned from all the system's libraries for six months because his proselytizing of library patrons is disruptive to conducting library business. Patrons complained about being approached by Caleb Hanson to repeatedly ask them about their religious faith and to offer biblical advice. Caleb ignored several warnings to stop.  A letter (full text) sent to the boy's parents from the North Columbus (GA) library says that if he returns sooner than that to the libraries, this will constitute criminal trespass. Caleb is home schooled. His mother said that last year he  "had a real encounter with the Lord" and now wants to witness for the Lord.

Prominent Georgia Pastor Charged In Lawsuit With Sexual Abuse of Young Male Church Members

CNN reported yesterday that a lawsuit has been filed in a Georgia state court against a prominent Atlanta pastor by two men alleging that the preacher used his spiritual authority to coerce young male members and employees of his church into sexual relationships.  The suit claims that pastor Eddie Long, considered one of the leading black preachers in the U.S., chose plaintiffs and other to be his "Spiritual Sons", presiding over a spiritual "covenant" ceremony between them. Plaintiffs say they were given cash and lavish gifts by Long and by the church. Long's New Birth Missionary Baptist Church has more than 25,000 members and was the site of Coretta Scott King's funeral in 2006. Long is known for frequently denouncing homosexual behavior.

Today Is 10th Anniversary of RLUIPA

Today is the 10th anniversary of President Clinton's signing into law the Religious Land Use and Institutionalized Persons Act. The Justice Department yesterday announced the release of a Report (full text) to mark the occasion.  The report outlines the Department's enforcement record under the statute which, as summarized by DOJ: "protects places of worship and other religious uses of property from discrimination and unreasonably burdensome regulation in zoning and landmarking law, and also protects the religious freedom of persons confined to institutions such as prisons, mental health facilities and state-run nursing homes." The Becket Fund's RLUIPA.com website has links to the full legislative history of RLUIPA.

EEOC Suit Claims Hiring Discrimination Against Rastafarian

The EEOC has filed a lawsuit in a Virginia federal district court against Lawrence Transportation System of Waynesboro, Virginia, on behalf of a Rastafarian job applicant who claims he was denied employment because he wears his hair in dreadlocks. Yesterday's News Virginian reports that the lawsuit seeks back pay and punitive damages for Christopher Woodson as well as a change in company policies. The the company rejected Woodson's offers to tie, wrap or cover his hair.

Vatican Bank Officials Targeted In Money Laundering Investigation

AP reported yesterday that top officials of the Vatican's Institute for the Works of Religion-- the Vatican Bank-- are under investigation by Italian financial police in an investigation of money laundering.  Authorities seized $30 million from a Vatican bank account at the Rome branch of Credito Artigiano Spa as the funds were awaiting transfer to accounts at JP Morgan and Banca del Fucino.  Apparently the Vatican bank had failed to inform authorities of the source of the funds. The Vatican Bank primarily manages funds destined for religious or charitable works, but also manages the pension system for the Vatican's employees. Generally only Vatican employees, religious orders and those who transfer funds to the Pope's charities can have accounts at the bank. The Vatican said it was perplexed and surprised by the money laundering investigation.

Did White House Medal of Honor Ceremony Conform To Air Force Guidelines On Chaplains' Prayers?

The White House ceremony yesterday (video and transcript of President's remarks) awarding the Medal of Honor posthumously to Chief Master Sergeant Richard L. Etchberger began with an invocation by Air Force Deputy Chief of Chaplains, Brigadier General David H. Cyr.  Cyr ended his invocation with the words: "in Your holy and wonderous name we pray."  The President thanked Cyr for his "wonderful invocation."  Cyr's closing benediction at the ceremony did not end with similar references, but only with "Amen and Amen."  All of this is worthy of remarking only because of the widely publicized controversy in 2006 over whether Christian Air Force chaplains could invoke Jesus' name in public prayers at military ceremonies. (See prior posting). Presumably the phrase "in Your holy name" is equivalent to invoking Jesus' name.  Revised Interim Air Force Guidelines issued in 2006 (full text) provide: "non-denominational, inclusive prayer or a moment of silence may be appropriate for military ceremonies or event of special importance when its primary purpose is not the advancement of religious beliefs." 


A House-Senate Conference Report on the Defense Authorization Act in 2006 contained a statement by the conferees (but not as part of the law) directing the Secretary of the Air Force to rescind the 2006 Interim Guidelines. The conferees also directed the Air Force to reinstate Policy Directive 52-1, but that directive does not deal with the issue of sectarian prayer at public ceremonies. To further complicate the matter, as reported by God and Country blog, the Air Force reprinted a summary of the 2006 Guidelines in a 2007 edition of Airman's Roll Call-- suggesting that the Interim Guidelines are still in force. Presumably Chaplain Cyr's closing in his benediction during the White House ceremony is not "non-denominational." Interestingly, the coverage of the ceremony on the White House website includes a video of the entire ceremony including Chaplain Cyr's invocation and benediction, but the printed transcript that accompanies it includes only the President's remarks.

More Recent Prisoner Free Exercise Cases

In McCroy v. Douglas County Corrections Center, (8th Cir., Sept. 14, 2010), the 8th Circuit Court of Appeals rejected a Muslim prisoner's complaint that during a search for extra unauthorized linens, officers confiscated a towel he used as a prayer rug and a copy of the Koran, and that the items were not returned to him for two weeks.

In Anderson v. Craven, 2010 U.S. Dist. LEXIS 96058 (D ID, Sept. 14, 2010), an Idaho federal district court rejected an inmate's challenge to the Therapeutic Community program as being religious in nature. 


In Colvin v. Martin, 2010 U.S. Dist. LEXIS 96196 (WD MI, Sept. 15, 2010), a Michigan federal district court rejected defendants' claims of qualified immunity in a prisoner's suit complaining about authorities' refusal to reinstate him to the Kosher meal program. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 96266, Aug. 16, 2010.


In Strope v. Cline, 2010 U.S. Dist. LEXIS 96571 (D KA, Sept. 15, 2010), a Kansas federal district court rejected an inmate's claim that his rights under the free exercise clause and RLUIPA were violated when authorities removed beef, tomatoes and cucumbers from the "common fare" diet and frequently served peanut butter.


In LaPointe v. Walker, 2010 U.S. Dist. LEXIS 96776 (SD IL, Sept. 15, 2010), a Christian inmate who kneels and prays once a day was using a rug to do so because of his arthritis. In 2006 his rug was confiscated during a compliance check because prayer rugs are required by the Muslim faith but are not a component of Christianity.  An Illinois federal magistrate judge rejected plaintiff's free exercise, equal protection and RLUIPA claims concluding that the lack of a prayer rug did not substantially burden plaintiff's free exercise of religion.


In Rosenberg v. Lappin, 2010 U.S. Dist. LEXIS 96771 (CD CA, Sept. 14, 2010), a federal court adopted a magistrate's recommendation (2010 U.S. Dist LEXIS 96602, Sept. 10, 2010) and dismissed plaintiff's claim that his rights were infringed when he was temporarily suspended from his kosher diet after a report that he had not complied with the terms of the program. Plaintiff was given leave to amend to allege undue delay in restoring him to the program.


In Alster v. Goord, 2010 U.S. Dist. LEXIS 96793 (SD NY, Sept. 10, 2010), a New York federal district judge rejected a Jewish inmate's free exercise and RLUIPA claims that an officer refused to transport him to one religious service and that his Kosher meals were repetitive, improperly handled, sometimes forgotten, and not provided in the clinic.


In Laird v. Sibbett, 2010 U.S. Dist. LEXIS 97373 (D UT, Sept. 16, 2010), a Utah inmate convicted repeat sex offenses against children argued that the Parole Board had impermissibly considered his religious beliefs and his desire to become a minister, and argued that the Parole Board gives preference to members of the Church of Jesus Christ of Latter Day Saints. A Utah federal district court found no evidence that plaintiff's conflicts with Sex Offender Treatment Program personnel and the Parole Board were religious in nature.


In Taylor v. Ozmint, 2010 U.S. Dist. LEXIS 97202 (D SC, Sept. 16, 2010), a South Carolina federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 97278, Aug. 9, 2010) and rejected an inmate's complaint that his free exercise rights and his rights under RLUIPA were infringed by the Department of Corrections policy that prohibits inmates in the Special Management Unit from receiving newspapers, magazines or books through the mail.

Confession To Pastor Not Privileged After Warning That Authorities Would Be Told

In a Montana trail court decision handed down in May and just now becoming available on LEXIS, the court refused to suppress evidence of a confession by defendant made to a pastor of Faith Chapel. Defendant Jeffrey Hardman came to the pastor before going to police to turn himself in, telling the pastor that he was fearful whether God could forgive him for the mistakes he made including his responsibility for the death of Michael Blattie when defendant's gun discharged in a fight with Blattie. In State v. Hardman, 2010 Mont. Dist. LEXIS 209 (MT Dist. Ct., May 21, 2010), the court concluded that the pastor's report to police of the confession was admissible because the pastor told defendant before he began to confess that if he was disclosing anything illegal the pastor was obligated to notify authorities. The court concluded that the confession's confidentiality was not protected by the church's "course of discipline" and that in any event Hardman's making of the confession after being warned that the pastor would go to authorities amounted to a waiver of the privilege under Montana law for confessions made to clergy "in the individual's professional character in the course of discipline enjoined by the church to which the individual belongs."

Court Dismisses Complaint That Charter School Undercut Familial Religious Fasting Practice

In Meadows v. Lesh, 2010 U.S. Dist. LEXIS 97631 (WD NY,Sept. 17, 2010), a parent sued a charter school for religious discrimination alleging that the school principal undercut the request by the mother of a  school child that the school respect their "familial religious practice" of fasting from 7 a.m. to 4 p.m. by excusing the child from the cafeteria during lunch. Apparently the fasting was in observance of Lent. The pro se complaint claims that the school prevented the mother from picking the child up during lunch and that the principal isolated the child and presented her with food.  A New York federal magistrate judge dismissed the complaint with leave to refile, holding that it failed to allege that defendants were acting under color of state law and questioned whether charter schools are state actors. The court also concluded that "plaintiff's general reference to a 'familial religious practice', without an explanation of the role and importance of fasting to this religion, is insufficient to allege a sincerely held religious belief."

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.