Vatican Objects To Ordination In China

As reported by CNS, yesterday the Vatican issued a statement (full text) denouncing China for ordaining Rev. Joseph Guo Jincai without consent of the Vatican. Dozens of government officials attended the Mass at which 8 current bishops participated in the ordination. Emphasizing that it had clearly communicated its objections to the ordination to Chinese authorities several times this year, the Vatican said:

in recent days, various bishops were subjected to pressures and restrictions on their freedom of movement, with the aim of forcing them to participate and confer the episcopal ordination. Such constraints, carried out by Chinese government and security authorities, constitute a grave violation of freedom of religion and conscience. The Holy See intends to carry out a detailed evaluation of what has happened, including consideration of the aspect of validity and the canonical position of the bishops involved.

7th Circuit: Baha'i Groups Not Bound By Old Trademark Injunction

In National Spiritual Assembly of Baha'is of the United States of America Under the Hereditary Guardianship, Inc. v. National Spiritual Assembly of Baha'is of the United States of America, Inc., (7th Cir., Nov. 23, 2010), the 7th Circuit Court of Appeals refused to apply a 1966 injunction in a trademark infringement case to defendant religious groups finding that they were not in sufficient privity with the original defendants to be covered by the 40-year old injunction. At issue is the use of the Baha'i name by break-away U.S. Baha'i groups.

UPDATE: The case is discussed at greater length at Baha'i Rants.

Apartments Not Covered By Historic Preservation Exemption For Religious Property

In Or Khaim Hashalom v. City of Santa Monica, (CA App., Nov. 22, 2010), a California appellate court held that an apartment complex did not qualify for the exemption from historic preservation designation granted by state law to non-commercial property owned by a religious organization.  OKH, which incorporated as a religious organization several months after acquiring the building (and after landmark designation proceedings had begun) had applied to demolish it and use the land for housing for Jewish refugees from Iran and Iraq.  The court concluded that the property has always been a commercial enterprise and so is not covered by the exemption. The court said that the exemption is limited to property used for a religious institution's mission before the religious institution seeks to invoke the exemption.

OSCE Releases 2009 Hate Crimes Report

Yesterday the Organization for Security and Cooperation in Europe released its 2009 report on "Hate Crimes in the OSCE Region-- Incidents and Responses."  A release from Human Rights First called hate crimes a "serious challenge" for governments in the region.  Separate chapters in the report cover racist and xenophobic crimes and incidents; actions against Roma and Sinti; anti-Semitism; anti-Muslim actions; incidents against Christianity and other religions; and crimes against LGBT individuals and against the disabled.

No Private Action Under Federal Statute Barring Discrimination Against Health Care Workers

In Cenzon-DeCarlo v. Mount Sinai Hospital, (2d Cir., Nov. 23, 2010), the U.S. Second Circuit Court of Appeals held that there is no private right of action for either damages or inunctive relief under the federal statute barring discrimination in employment against health care workers who refuse to participate in sterilization or abortion procedures.  42 USC Sec. 300a-7(c) (the Church Amendment) bars recipients of federal funds from refusing to hire or promote, or from firing, employees with conscientious objections to such participation. Plaintiff, an operating room nurse, claimed she was coerced by her supervisors into participating in a late-term abortion procedure. The court concluded that the language of the statute does not indicate a Congressional intent to create a private remedy. [Thanks to Steven H. Sholk for the lead.]

Court Rejects Free Exercise Defense To Khat Possession Conviction

In State of Minnesota v. Ahmed, (MN Ct. App., Nov. 23, 2010), a Minnesota appellate court upheld defendants' convictions for possession of khat.  Finding that khat is a controlled substance, the court rejected defendants' free exercise defense.  It held that the U.S. Supreme Court's 2006 O'Centro decision is distinguishable.  It involved an interpretation of the federal Religious Freedom Restoration Act, and that statute is inapplicable to the states. Yesterday's Minneapolis Star Tribune reports on the decision.

TRO On Oklahoma Anti-Shariah Amendment Extended For A Week

After a two hour hearing yesterday, an Oklahoma federal district judge extended for another week the previously issued temporary restraining order (see prior posting) barring Oklahoma election officials from certifying the ballot results on a state constitutional amendment that precludes courts from considering Shariah law or international law in reaching decisions. The Oklahoman reports that plaintiffs are seeking a temporary injunction to prevent State Question 755 from taking effect, arguing that it targets Islam. The state argued that the purpose of the amendment is to prevent courts from using precepts of other nations or cultures in their decisions.

Montana High Court OK's Valedictorian's Religious References

In a 6-1 decision last week, the Montana Supreme Court held that school officials violated the free speech rights of a graduating senior when it censored on the basis of viewpoint her proposed valedictory remarks.  In Griffith v. Butte School District No. 1, (MT Sup. Ct., Nov. 19, 2010), school officials objected to the religious references in following passage in the prepared remarks of one of the co-valedictorians:

I learned to persevere these past four years, even through failure orndiscouragement, when I had to stand for my convictions. I can say that my regrets are few and far between. I didn’t let fear keep me from sharing Christ and His joy with those around me. I learned to impart hope, to encourage people to treat each day as a gift. I learned not to be known for my grades or for what I did during school, but for being committed to my faith and morals and being someone who lived with a purpose from God with a passionate love for Him.

The majority rejected any Establishment Clause conerns about the propoed seech, saying:

We find it unreasonable for the School District to conclude that Griffith’s cursory references to her personal religious beliefs could be viewed by those in attendance at the BHS graduation ceremony as a religious endorsement by the School District.

Justice Leaphart dissenting argued that the student's proposed remarks created Establishmnet Clause concerns:

Attendance at high school graduation is compulsory. The speakers chosen by the school clearly have a “captive” audience. The student body of a public school is presumably very diverse with a mix of Christians, Jews, Muslims, atheists, and agnostics, many of whom would resent being required to attend a ceremony in which Christ and His Joy was being shared with those present in the captive audience.

The Missolian reports on the decision.

New Center Will Study Marriage, Religion and Public Policy

According to today's Catholic Culture, Ave Maria law school has announced the creation of a new Center for Research on Marriage, Religion and Public Policy. Yesterday's National Catholic Register carried an interview with the Center's director, Maggie Gallagher. Emphasizing the importance of  "fighting for marriage and family in the political and legal arenas," Gallagher said:

Truth is truth. If marriage is the union of a husband and wife, because children need a mother and father, we can’t abandon non-Catholic children. We have an obligation in justice, as well as love, to fight against an unjust civil order that redefines marriage and its purposes.

The new Center's first conference was on "Children, Kinship, Psychological Health, and Identity Formation: The Cases of Divorce and Donor Insemination."

FBI Releases 2009 Hate Crimes Data

The FBI yesterday released its latest data on hate crimes.  Hate Crimes Statistics 2009 reports that there were 6,604 criminal incidents involving 7,789 bias-motivated offenses.  This is a drop of 15% from the year before and the lowest number reported in at least a decade.  However there are signifcant variances in the number of agencies participating and reporting from year to year. (Huffington Post.)  Of the 6,598 single-bias incidents in the latest report, 19.7% were motivated by religious bias.  Of these 1303 incidents motivated by religious bias, 931 were anti-Jewish, 107 were anti-Islamic, 51 were anti-Catholic, 38 were anti-Protestant and 10 were anti-Atheist/ Agnostic. (Table 1.) In 2008, there were 1606 hate crimes motivated by religious bias reported. (See prior posting.)

An ADL release welcoming the drop in hate crimes expressed disappointment that more than 60 cities with over 100,000 population did not submit data.

Egyptian Animal Rights Activists Wants Reform of Eid al-Adha Slaughter

A New York Times article Monday chronicles the efforts of Egyptian animal-rights proponent Amina Abaza to encourage more humane slaughtering methods on Eid al-Adha. The Muslim holiday, celebrated last week, commemorates the story of Abraham who was permitted to sacrifice a ram instead of his son. Traditionally Muslims slaughter a sheep, cow or camel, and divide the meat between themselves, relatives and the poor. In working class neighborhoods in Egypt, crowds watch butchers wrestle animals to the ground and slit their throats. Little boys play with the blood and teenagers help remove the entrails.  Activists say the butchers fail to abide by Islam's own requirements that the animal should not be mistreated and should not hear or see other animals being killed.

No RLUIPA Violations In Processing Use Permit Applications By Mosque

In Islamic Cultural Center of Monticello, Inc. v. Village of Monticello, (NY Sup. Ct., Nov. 17, 2010), a New York trial court found no RLUIPA violations in a village's handling of applications for a special use permit and a certificate of occupancy for a mosque and related parking lot. The court noted: "the mosque has been allowed to operate in the building for years without a special use permit or approved parking while the required municipal approval was being processed; and the parking lot across the street has also been used and continues to be used illegally..... [T]here certainly in not evidence of religious discrimination; rather, the record speaks to a community and local government endeavoring to accommodate the need for a house of worship for the local Islamic community."

Many Charter Schools In Texas Have Religious Connections

Today's Dallas (TX) Morning News reports on the blurring of church-state lines as over 20% of the state's publicly-funded charter schools have religious ties. Religious groups can set up separate non-profits to run charter schools. According to the paper:

Dozens of Texas charter school leaders or board members hold prominent positions in the church, where the schooling sometimes takes place. Parochial schools reinvent themselves as charters, often with little guidance on running a public school. And the mission of the school itself typically stems from the values of the religious group.

While most of the religiously affiliated charter schools are connected to Christian groups, in Houston one is operated by a Turkish Muslim group.

Recent Articles of Interest

From SSRN:

• Ellen P. Aprill, An Overview of Tax Issues for Religious Congregations, (The Practical Tax Lawyer, Vol. 55, Fall 2010).
• Jeremy J. Patrick, Jeremy J., The Curious Persistence of Blasphemy, (November 17, 2010).
• Perry Dane, The Natural Law Challenge to Choice of Law, (The Role of Ethics In International Law, Donald Earl Childress III, ed., Cambridge University Press, 2010).
• Patrick McKinley Brennan , Lawmaking, Administration, and Traces of Civic Republicanism: Thought’s on Jean Porter’s Ministers of the Law, (Villanova Law/Public Policy Research Paper No. 2010-22, Nov. 18, 2010).
• Barbara P. Billauer, Message from Mt. Moriah: The Non-Permutable Law of War and Conflict, (October 18, 2010).
• Joan MacLeod Heminway, Martha Stewart and the Forbidden Fruit: A New Story of Eve, (Michigan State Law Review, Vol. 2009, p. 1017, Winter 2009).
• Tobias Lock, Religious Symbols in Germany, (November 15, 2010).
• Rahul Shrivastava, Protective Discrimination and Tribal Welfare in India, (November 19, 2010).

From SmartCILP:

• John Alan Cohan, Honor Killings and the Cultural Defense, 40 California Western International Law Journal 177-252 (2010).
• Liaquat Ali Khan, Protection of Languages and Self Expression under Islamic Law, 19 Journal of Transnational Law & Policy 61-122 (2009).
• Bruce Ledewitz, The New New Secularism and the End of the Law of Separation of Church and State, 28 Buffalo Public Interest Law Journal 1-30 (2009-2010).
• Article, Reply & Response. In Celebration of Steven Shiffrin's The Religious Left and Church-State Relations. Article by Kent Greenawalt; reply by Bernadette Mayler; response by Steven H. Shiffrin. 19 Cornell Journal of Law & Public Policy 741-772 (2010).
• Symposium. Twenty Year Anniversary of Employment Division v. Smith: Reassessing the Free Exercise Clause and the Intersection Between Religion and the Law. Introduction by Marci A. Hamilton; articles by Richard F. Duncan, Mark S. Kende, Zackeree S. Kelin, Kimberly Younce Schooley, David S. Day, Matthew L.M. Fletcher and student Jessica L. Fjerstad. 55 South Dakota Law Review 385-562 (2010).

Canadian Court Will Hear Challenge To Polygamy Law Today

Today the Supreme Court of the Canadian province of British Columbia will begin to hear arguments on the validity Criminal Code Sec. 293, Canada's laws banning polygamy.  The Toronto Globe & Mail reports that over 30 witnesses are expected to testify, including members of the polygamous FLDS community of Bountiful. A number of organizations, on both sides of the issue, have been granted "interested person" status to make submissions to the court. The province's attorney general decided to bring the reference case to ask the court to clarify the validity of the polygamy ban under Canada's Charter of Rights and Freedoms after unsuccessful attempts to prosecute leaders of two FLDS factions. (See prior posting.)

Does New Atlanta Public School Official Have Too Religious An Agenda?

Atlanta (GA) Journal Constitution reporter Maureen Downey yesterday questioned the focus the newly selected chief of staff for the Georgia Department of Education will bring to his job.  Her concerns are based on blog postings by the new pick, Joel Thorton.  Among the views Thorton has posted online on his blog: "We cannot offer any type of spiritual help to struggling youth because we have no place for God in our schools." In a long blog post on home schooling, Thorton lamented hostility to Christianity found in many public school systems.

Religious Leaders Express Doubt About New Governor's Call For Faith-Based Social Services To Fill Budget Gaps

Today's Greenville (SC) News reports that a number of South Carolina religious leaders question whether Gov.-elect Nikki Haley's call for a coalition of faith-based organizations to fill the gaps in social services and educational programs that have been created by state budget shortfalls. Many congregations are also financially stretched, some worry about church-state questions, and others say that it is unfair to ask the portion of the population that are church members to pay for services that should be borne by all the taxpayers.

Company Settles With EEOC In Case Charging Religious Harassment of Jewish Employees

The EEOC announced last week that One Communications Corp. has settled a lawsuit filed against it by the EEOC charging religious harassment of three Jewish employees, one of whom resigned as a result.  The EEOC's lawsuit filed in a Pennsylvania federal district court charged that the company's vice president of sales regularly subjected the three account executives to harassment, including anti-Semitic remarks, and that the company failed to take effective remedial action. In the settlement, the company agreed to pay $66,000 in damages and agreed to a 5-year consent decree banning religious harassment or retaliation. The company will also provide training to all managers and employees at the Conshohocken, Pennsylvania facility where the violations occurred, and will post a remedial notice.

Lawsuit Filed Against San Antonio Archdiocese Alleging Cover-Up of Priest Abuse

The San Antonio (TX) Express News reports that on Thursday a lawsuit was filed against the Catholic Archdiocese of San Antonio accusing it of covering up the repeated sexual abuse of a 12-year old boy by a priest. The abuse of the victim, an altar boy in the Floresville Parish school, is alleged to have occurred in 1976-77 by priest Louis White who was associate pastor of Sacred Heart Church. White was removed from the priesthood in 1989. The suit also alleges that sometime during the past 18 months, a priest at Mass in the Floresville parish chastised anyone who planned to come forward ab out being abused. He suggested that instead they make penance for themselves and the abusing priest.

Recent Prisoner Free Exercise Cases

In Riggins v. Clarke, (9th Cir., Nov. 18, 2010), the 9th Circuit upheld a prison policy that required an inmate's committed name be used first on incoming and outgoing mail before any other official or religious name. It also rejected plaintiff's claim that his rights were violated by the refusal to allow him to buy prayer oils.

In Bonner v. Randle, 2010 U.S. Dist. Lexis 120717 (CD IL, Nov. 15, 2010), an Illinois federal district court  held that a Muslim inmate had adequately alleged a violation of the Establishment Clause.  Plaintiff claimed that his regularly scheduled Narcotics Anonymous class was combined with Christian religious services and he was required to attend and submit a written summary of what he learned from the Christian speaker.

In Taylor v. Grannis, 2010 U.S. Dist. LEXIS 121103 (ND CA, Oct. 28, 2010), a California federal district court dismissed on res judicata grounds an inmate's complaint that he was not permitted to use tobacco for his "Wheel of Love" religious ceremony.

In Ashby v. Sherman, 2010 U.S. Dist. LEXIS 120735 (WD WA, Nov. 12, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist LEXIS 120742, Oct. 1, 2010) and dismissed an inmate's complaint that he was not allowed to attend the Eid ul-Fitr feast and that an exclusive Nation of Islam Eid feast was not held.

In Burnight v. Sisto, 2010 U.S. Dist. LEXIS 120975 (ED CA, Nov. 15, 2010), a California federal magistrate judge concluded that nothing in the record of petitioner's parole hearing indicated that he was required to attend the religiously-based Alcoholics Anonymous program even though the parole board discussed his participation in it. Nor did petitioner ever indicate to prison officials that his Wicca religion conflicted with AA.

In Searles v. Werholtz, 2010 U.S. Dist. LEXIS 121339 (D KS, Nov. 15, 2010), a Kansas federal district court dismissed an inmate's complaint that he was denied a kosher diet because defendants who were employees of Aramark food service were never served with process.