Property Tax Exempt As Parsonage, But Not As Property Use Exclusively For Religious Purposes

In Rockland Hebrew Educational Center, Inc. v. The Village of Spring Valley, (NY Sup Ct, Sept. 8, 2010),  a Jewish religious educational organization challenged a village's refusal to renew the tax exemption for its property. A New York trial court held that the village carried its burden of showing that the property was not entitled to a tax exemption as real property owned by a religious or educational institution and used exclusively for those purposes. The exemption was unavailable because the organization was also using the property in violation of the zoning code by conducting religious services there. However the property is entitled to an exemption for property owned by a religious organization and used as a parsonage by its clergy.

Cert Filed In Challenge To Inauguration Oath and Prayers

Yesterday a Petition for Certiorari (full text) was filed with the U.S. Supreme Court asking it to review the D.C. Circuit's decision in Newdow v. Roberts. In the case, the majority of a 3-judge appeals court panel held that plaintiffs lacked standing to bring an Establishment Clause challenge to prayer and use of "so help me God" in the oath at Presidential inauguration ceremonies. The panel also held that the challenge was now moot. (See prior posting.) [Thanks to Bob Ritter for the lead.]

More Recent Prisoner Free Exercise Cases

In James v. Hayden, 2010 U.S. Dist. LEXIS 99205 (SD NY, Sept. 21, 2010), a New York federal district court dismissed an inmate's claim that a group strip search violated his free exercise rights and his rights under RLUIPA, finding insufficient evidence of a substantial burden on plaintiff's religious beliefs.


In Garcia v. Clark, 2010 U.S. Dist. LEXIS 98973 (ED CA, Sept. 20, 2010), a California federal magistrate judge permitted a Jewish inmate to move ahead with his claim against most of the defendants alleging that his free exercise rights and his rights under RLUIPA were violated when authorities took away accommodations that permitted him to take his kosher meal back to his cell to eat to avoid harassment.


In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 99182 (WD LA, Sept. 20, 2010), a Louisiana federal district court followed up on its earlier determination that denying plaintiff access to Nation of Islam's newspaper "The Final Call" violated the 1st Amendment and RLUIPA. In this decision, the court awarded nominal damages, denied punitive damages and awarded attorneys fees of over $100,000.


In Roberts v. Cox, 2010 U.S. Dist. LEXIS 98780 (D NV, Aug. 31, 2010), a Nevada federal magistrate judge permitted plaintiff to proceed with most of his free exercise and RLUIPA claims alleging that prison policies made it more difficult for blacks who purported to follow the Jewish faith to practice their religion than it did for white Jews. Among the policies were a requirement that a person be recognized a Jewish by an outside Jewish organization before the individual can receive kosher meals. Plaintiff also claimed that authorities cancelled Jewish services during Ramadan to accommodate Muslim prisoners.


In Mack v. Danforth, 2010 U.S. Dist. LEXIS 99094 (MD GA, Sept. 21, 2010), a Georgia federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 99095, July 13, 2010) and permitted plaintiff to proceed against against two of the named defendants on his claim that he was denied a religiously mandated vegan diet.


In Burkes v. Hamilton County, 2010 U.S. Dist. LEXIS 99830 (SD IL, Sept. 23, 2010), an Illinois federal district court dismissed a claim by an inmate who objected to being required to remain in his 8-person jail cell during Christian religious services that are held in the cell as requested by one or more other prisoners in his cell.


In Collins v. Bruno, 2010 U.S. Dist. LEXIS 99337 (D CT, Sept. 15, 2010), a Connecticut federal district court rejected an inmate's claim that his free exercise rights and rights under RLUIPA were violated when authorities rejected his request for halal meat for meals on two Muslim holidays.


In Muhammad v. Sisto, 2010 U.S. Dist. LEXIS 99842 (ED CA, Sept. 10, 2010), a California federal magistrate judge rejected a Muslim inmate's motion for a temporary injunction to transfer him from state to federal custody because state officials allegedly interfered with his ability to fast for Ramadan in 2008.


In Serna v. Wells, 2010 U.S. Dist LEXIS 99433 (SD GA, Sept. 21, 2010), a Georgia federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 99375, Aug. 31, 2010), and dismissed plaintiff's claims seeking to have the Bureau of Prisons make kosher meals available, holding that a habeas corpus proceeding is not the correct form of action to use to challenge conditions of confinement.

Church Loses RLUIPA Claim On Special Use Permit

In Grace Church of Roaring Fork Valley v. Board of County Commissioners of Pitkin County, Colorado, 2010 U.S. Dist. LEXIS 99950 (D CO, Sept. 20, 2010), a Colorado federal district court rejected RLUIPA and 1st Amendment challenges to the denial of an application for special review use of a church's property. Several years after the denial and on the eve of trial, the county reversed its decision and permitted construction of the church facilities. The church claimed it was still entitled to damages. The court concluded that no reasonable juror could find that the Commissioners' statements and questions at the hearings on the permit demonstrated a hostility toward religious use. Also, the permit denial imposed only an incidental burden on religion.

Court Dismisses 1st Amendment, But Not Statutory, Challenge To Vaccination Requirement

In Caviezel v. Great Neck Public Schools, 2010 U.S. Dist. LEXIS 100451 (ED NY, Sept. 24, 2010), a New York federal district court held that the First Amendment does not give religious objectors the right to an exemption from New York's mandatory vaccination law for school children. The court however refused defendants' motion to dismiss plaintiffs' claim that New York's Public Health Law entitles parents with a sincere religious objection to have their children exempted from vaccination requirements. (See prior related posting.)

Bill Would Amend Title VI To Include Ban On Religious Discrimination In Schools Receiving Federal Funds

Title VI of the 1964 Civil Rights Act currently prohibits denying participation in any program receiving federal financial assistance  based on "race, color or national origin." Senator Arlen Specter and Rep. Brad Sherman announced on Friday that they were introducing bills to amend Title VI to also ban discrimination on the basis of religion in order to protect Jewish, Muslim and Sikh students from harassment at schools and colleges receiving federal funds. The House version is HR 6216. The bill is a reaction to the position taken by the Department of Education's Office of Civil Rights that Title VI does not apply to anti-Semitic harassment of Jewish students, and by implication members of other groups that have both religious and ethnic characteristics. (See prior related posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Recent Articles of Interest

From SSRN:

• Barbara P. Billauer, Human Reproductive Cloning: The Intersection of Kaballa, the Bible and Biology - Parable, Exegesis and Modern Science, (September 22, 2010).
• Barbara P. Billauer, Human Reproductive Cloning: Science, Jewish Law and Metaphyics, (September 20, 2010).
• Sean Rehaag, Bordering on Legality: Canadian Church Sanctuary and the Rule of Law, (Refuge, Vol. 26, No. 1, p. 43, 2009).
• Geoffrey P. Miller, The Book of Judges: The Hebrew Bible’s Federalist Papers, (NYU School of Law, Public Law Research Paper No. 10-66, Sept. 23, 2010).
• Nomi Maya Stolzenberg, Taking Blessings Seriously: A Comment on Ronald R. Garet's 'to Secure the Blessings', (USC Law Legal Studies Paper No. 10-1 (Sept. 23, 2010).
• Andrew F. March, Anwar Al-'Awlaqi Against the Islamic Legal Tradition, (Yale Law School, Public Law Working Paper; Islamic Law and Law of the Muslim World Paper. Sept. 23, 2010).

From SmartCILP:

• Shelly Kreiczer-Levy, Religiously Inspired Gender-Bias Disinheritance--What's Law Got to Do With It?, 43 Creighton Law Review 669-692 (2010).
• Jesse Merriam, Establishment Clause-Trophobia: Building a Framework for Escaping the Confines of Domestic Church-State Jurisprudence, 41 Columbia Human Rights Law Review 699-764 (2010).
• Symposium. [Intelligent Design .] Foreword by Hosea M. Horneman; articles by John H. Calvert, Johnny Rex Buckles, Casey Luskin, Edward Hawkins Sisson and Barbara Ruth Mouly. 3 Liberty University Law Review 203-574 (2009).

Recent Prisoner Free Exercise Cases

In Lee v. Johnson, 2010 U.S. Dist. LEXIS 97703 (WD VA, Sept. 17, 2010), a Virginia federal district court permitted an inmate to move ahead with several claims alleging that House of Yahweh inmates were not given the opportunity to meet together for religious services and practice their religion in other ways. However claims against the prison chaplain were dismissed because it was not shown that he was a state employee.


In Watson-El v. Wilson, 2010 U.S. Dist. LEXIS 97481 (ND IL, Sept. 15, 2010), an Illinois federal district court rejected an inmate's claim that prison rules that prevented transfer of funds between inmates violated his free exercise rights by preventing him from purchasing certain religious items.


In Rider v. Yates, 2010 U.S. Dist. LEXIS 97528 (ED CA, Sept. 3, 2010), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that prison authorities had wrongfully seized religious artifacts sent as a donation to the prison's Left-Hand Path Pagan Group.


In East v. California Department of Corrections, 2010 U.S. Dist. LEXIS 97616 (ED CA, Sept. 1, 2010), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that his free exercise rights were infringed when a correctional officer failed to deliver him his personal property, which included a Bible.


In  Blanco v. Bralower, 2010 U.S. Dist. LEXIS 97436 (D NV, Aug. 24, 2010), a Nevada federal magistrate judge concluded that an inmate failed to state a free exercise claim when he complained that correctional officers interrupted his prayers by making noise when they passed his cell.


In Countryman v. Nevada, 2010 U.S. Dist. LEXIS 98033 (D NV, Aug. 26, 2010), a Nevada federal magistrate judge permitted an inmate to proceed with a claim that his rights under the 1st Amendment and RLUIPA were infringed when he was prevented from attending church services while in protective segregation.


In Pilgrim v. Artus, 2010 U.S. Dist. LEXIS 97971 (ND NY, Sept. 17, 2010), a New York federal district court adopted the recommendations of a magistrate judge (2010 U.S. Dist. LEXIS 97978, March 17, 2010) and allowed an inmate who was a member of Nation of Islam to proceed with his challenge to prison grooming rules that did not permit him to wear his hair in dreadlocks.  Plaintiff's desire to wear his hair in dreadlocks flowed from his personal religious faith and not from tenets of Nation of Islam. The court limited plaintiff to non-monetary remedies.

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.