Texas State Board of Education Condemns Supposed Pro-Islamic Distortions In Textbooks

At its Sept. 24 meeting, the Texas State Board of Education approved, by a vote of 7-6, a resolution (full text) condemning supposed "pro-Islamic/ anti-Christian distortions in Social Studies texts." The resolution cites textbooks that devote more lines to Muslim than Christian beliefs and practices and claims "patterns of perjoratives toward Christians and superlatives toward Muslims", "politically correct whitewashes", and "sanitized definitions of 'jihad'". A release from the Texas Freedom Network says that 3 Democrats and 3 Republicans voted against the resolution, but the "board's far right members ... voted as a bloc to pass it." (See prior related posting.) Friday's Houston Chronicle reported on the Board's action.

Christian Missionaries Acquitted of Most Charges Growing Out of Dearborn Arab Festival

According to the Detroit Free Press, a jury in Dearborn, Michigan on Friday acquitted four Christian missionaries, members of a group called Acts 17 Apologetics, of breach of the peace charges growing out of their activities at this year's Dearborn Arab International Festival. One of the defendants, however, was convicted of failure to obey a police officer's order.  The four were videotaping themselves proselytizing Muslims at the festival. Dearborn mayor Jack O'Reilly Jr. says the four were attempting to raise money through publicity on YouTube. O'Reilly added: "It's really about a hatred of Muslims. That is what the whole heart of this is. ... Their idea is that there is no place for Muslims in America. They fail to understand the Constitution." (See prior related posting.)

Ft. Bragg Christian Concert Draws Church-State Objections

"Rock the Fort", a festival of Christian music and other activities, apparently went on as scheduled yesterday at Ft. Bragg, North Carolina despite a call by Americans United for the Army to cancel the event.  In a letter to the Secretary of the Army (full text), AU argued: " 'Rock the Fort' is not an event designed to minister to the needs of soldiers unable to otherwise access religious services; rather, it is an event designed to proselytize soldiers and community members into the worship of Jesus Christ. The Army has, thus, overstepped the constitutional line by sponsoring the event." According to yesterday's Fayetteville (NC) Observer, the event, sponsored by the Billy Graham Evangelistic Association, is for the first time open to the public who live off the Army base. (BGEA press release). Area Christian churches are helping with the event.  While Rock the Fort concerts have been held at other military bases, this one garnered particular attention as CNN covered the plans. Responding to objections also raised by the Freedom from Religion Foundation (press release and letter to Commander), Ft. Bragg's commander says he has taken steps to assure that no soldier is pressured to attend the event.

TSA OKs Carrying Lulav and Etrog On Planes

We are currently in the midst of the week-long Jewish festival of Sukkot.  The federal Transportation Security Administration has issued a press release assuring Jewish travelers that they will be able to bring the traditional lulav and etrog on airplanes.  TSA said:

Observant Jewish travelers may carry four plants – a palm branch, myrtle twigs, willow twigs, and a citron – in airports and through security checkpoints. These plants are religious articles and may be carried either separately or as a bundle. Jewish travelers may be observed in prayer, shaking the bundle of plants in six directions.

TSA’s screening procedures do not prohibit the carrying of such agricultural items through the airport or security checkpoints, or on airplanes.

[Thanks to Michael Lieberman for the lead.] 

Today Is 3rd Annual Pulpit Sunday Challenging IRS Restrictions On Church Political Activity

Today is Alliance Defense Fund's 3rd annual Pulpit Sunday in which pastors around the country will defy IRS limitations on partisan political activity by non-profit groups, including churches.  An ADF news release issued Thursday says the group expects 100 pastors to participate by preaching sermons today setting out Biblical perspectives on the positions of electoral candidates or current government officials. ADF attorney Erik Stanley said: "The IRS should not be used as a political tool to advance the agenda of radical groups bent on silencing the voice of the Church and inhibiting religious freedom." Americans United for Separation of Church and State argues, however, that: "Federal tax law doesn’t hinder anyone’s 'free speech.' It merely requires that all organizations that receive a 501(c)(3) tax exemption operate as religious, educational or charitable entities, not political action committees." AU plans to report to the IRS any violations it learns of.

Ministerial Exception Precludes ADA Claim

In McNeil v. Missouri Annual Conference of the United Methodist Church, (WD MO, Sept. 20, 2010), a Missouri federal district court held that under the "ministerial exception" doctrine it will not second guess hiring decisions made by religious institutions. The court rejected plaintiff's claim of disability discrimination under the Americans With Disabilities Act.  She alleged that the United Methodist Church refused to appoint her as an ordained minister because of her physical health.

Requiring Christian School To Obtain Use Permit Did Not Violate RLUIPA

In County of Los Angeles v. Sahag-Mesrob Armenian Christian School, (CA App., Sept. 22, 2010), a California state appellate court held that RLUIPA was not violated by the county's insistence that a Christian High School obtain a conditional use permit and comply with environmental laws in order to operate.  The denial of a waiver to permit the school to continue to operate while the permit application was pending neither imposed a substantial burden on the school's exercise of religion, nor did it violate the "equal terms" provisions of RLUIPA.

Faith-Based Head In Bush White House Says Obama Is Politicizing The Office

Jim Towey, director of faith-based initiatives in the George W. Bush White House, writes an op-ed column in today's Wall Street Journal criticizing what he sees as the politicization of the office in the Obama White House.  He focuses on a conference call to leaders of faith based and community groups last Tuesday by the President and his director of faith-based initiatives urging them to help explain the advantages of the Obama health care plan to their constituencies. Towey says:

Mr. Obama is within his legal rights to engage our country's spiritual leaders in his effort to sell health-care reform. But he should not use the White House Office of Faith-based and Neighborhood Partnerships to do If he cannot restore its focus to promoting successful programs that serve our country's poor, then he should do the decent thing and close the faith-based initiatives office.

GOP Pledge To America Includes Some Promises On Issues of Religious Concern

On Thursday, House Republicans released their agenda as the November elections approach.  Titled A Pledge to America (full text), the document deals primarily with economic issues, health care, defense and restoring trust in government. The Pledge does however contain this mention of religious issues:

We pledge to honor families, traditional marriage, life, and the private and faith-based organizations that form the core of our American values.

In the section detailing plans to "repeal and replace" President Obama's health care plan, the document complains that the current law is inadequate to assure that taxpayer funds are not used to pay for abortions.  It promises to create a government-wide prohibition on use taxpayer funding of abortion and of subsidies for abortion services. It also pledges to enact conscience protections for health care providers.

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."