Recent Prisoner Free Exercise Cases

In Luke v. Willliams, 2010 U.S. Dist. LEXIS 123752 (D OR, Nov. 18, 2010), an Oregon federal district court dismissed an Intensive Management Unit prisoner's claims that correctional facility employees infringed his free exercise, RLUIPA and equal protection rights by interfering with his ability to practice Wicca. He alleged they denied him the ability to bring religious items into the prison yard, did not have a full time Wicca volunteer and denied him books from the general population Chapel Library and items from the Internet.

In Zajrael v. Harmon, 2010 U.S. Dist. LEXIS 123829 (D AR, Nov. 22, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 123780, Nov. 10, 2010) and dismissed claims that an inmate's free exercise rights and his rights under RLUIPA were infringed when authorities confiscated from his cell religious books and study materials in excess of the number of books permitted for prisoners in administrative segregation.

In Stilton v. Albino, 2010 U.S. Dist. LEXIS 124717 (D NJ, Nov. 23, 2010), a New Jersey federal court rejected an inmate's free exercise claim that for 12 days he was denied access to his personal property, including his Bible.

Rabbi Hoping To Be First Jew Elected To Uganda's Parliament

The London Jewish Chronicle reported yesterday that in Uganda, a 41-year old rabbi hopes to become the first Jewish member of Uganda's parliament. Rabbi Gershom Sizomu, who grew up in the country under Idi Amin, hopes to win a seat in February's elections to represent the area of Bungonkho North in the city of Mbale.  Sizomu is a member of the Abayudaya Jewish community founded by a military chieftain 91 years ago. Sizomu's campaign is centered on raising medical standards.  His campaign manager is a Muslim.  Some supporters of Sizomu's Muslim opponent are using religion as an issue-- urging residents to vote for a fellow-Muslim and raising fears that Sizomu could convert many Muslims to Judaism.

British Teen Charged After Facebook Posting of Her Burning Qur'an

The London Guardian yesterday reported that a 15-year old girl from a town near Birmingham has been arrested on suspicion of inciting religious hatred after she posted on Facebook a video of her burning an English language translation of the Qur'an. She has been released on bail. The video has now been removed and the incident was reported to the girl's school where it took place with other students looking on.

Court Rejects Challenges By Members To Their Expulsion From Religious Organization

In Khan v. Fiji Jamaat-Ul Islam of America, (CA Ct. App., Nov. 23, 2010), a California appellate court rejected a challenge by two individuals to their expulsion from membership in a religious organization by the organization's board.  The court said:

Here, the lower court found that Fiji Jamaat’s evidence established a deliberative process that was religious in nature. Specifically, the court found that the decision to expel appellants was based on a consideration of whether appellants’ conduct was improper, unbecoming, or likely to endanger the interest of Fiji Jamaat based upon the religious beliefs of the organization. This presents an ecclesiastical question, and the court correctly refused to consider appellants’ contentions pertaining to the reasons for expulsion in greater depth. The trial court stated that Fiji Jamaat abided by the terms of the bylaws for termination of membership, provided adequate notice of the charges brought against appellants, and afforded them an opportunity to be heard.

Atheist and Catholic Groups Compete Over Holiday Displays

A press release from American Atheists issued on Tuesday describes the latest jousting over holiday displays between the Atheist group and a Catholic organization that wants nativity scenes displayed this year in all 50 state capitols:

The Catholic League for Religious and Civil Rights announced over the weekend that it was purchasing and shipping the displays along with a letter to every governor claiming that the crèches would pass constitutional muster. League President Bill Donohue added that this was in reaction to a huge American Atheists billboard going up on November 27 at the entrance to the Lincoln Tunnel. The sign depicts the Christian nativity and Star of Bethlehem, declaring "You KNOW It's a Myth!"...

"The fact that the League is paying for the crèches does not automatically make them constitutional," said [AA President David] Silverman. "The governors will also have to welcome in a variety of secular displays -- and American Atheists feels that it is appropriate that they also have the opportunity to include something from Atheists and other non-believers."..... "We are offering to send every governor a placard with a reproduction of our [Lincoln Tunnel] billboard, and letter asking for 'equal time' in the public square next to the Catholic League display." ... [This will] test the commitment of state governments to Supreme Court guidelines on the matter, and free speech.

UPDATE: UPI shows a photo of the small creche that the Catholic League has sent to each governor for display in the capitol rotunda next to its Christmas tree. The League also informed each governor that its monthly journal Catalyst has published the names of each governor's chief of staff so readers can contact them if the creche does not appear.

White House Receives Report Urging More Faith-Based Involvement In Health and Development

On Tuesday, over 80 religious leaders and Obama administration officials gathered at the White House to receive a report from the newly formed Global Initiative for Faith, Health and Development. (OFNP Press release .) An 83-member international task force prepared the report which lays out a framework for engaging faith communities in advancing the cause of health and development. (Center for Interfaith Action press release.) The report, Many Faiths, Common Action: Increasing the Impact of the Faith Sector on Health and Development, among other things, recommends increasing collaboration within the faith community and with secular actors.

On a related matter, the White House announced that next Monday, First Lady Michelle Obama will host a conference call with faith and community leaders to obtain their involvement in her Let's Move! campaign to end childhood obesity.

Facebook Helps Israeli Army Find Women Falsely Claiming Religious Military Exemption

In Israel last Monday two Knesset (Parliament) committees held hearings on the exemption from military service granted to religiously observant Jewish women under present law.  According to the Jerusalem Post, women may obtain an exemption by signing a declaration that they maintain a religious life style, including not traveling on the Sabbath and eating only kosher food.  35% of Jewish women have signed such a declaration, but the army estimates that thousands of these are false.  Army investigators have used innovative techniques to discover the women who have filed false declarations according to committee testimony from Brig.-Gen. Amir Rogovsky.  Through Facebook, IDF investigators have discovered 1000 women who have lied. Some of the women posed for Facebook photos in immodest clothing that would not be worn by Orthodox women. Another woman was shown in a Facebook photo eating at a non-kosher restaurant. Investigators also sent invitations to Friday night parties to some women and caught those responding that they would attend.

Quebec Court Permits Class Action In Clergy Sex Abuse Case

In the Canadian province of Quebec, a Superior Court judge has for the first time in Quebec approved the filing of a class action on behalf of clergy sex abuse victims. Yesterday's Montreal Gazette reports that the suit has been brought against a religious order, Congregation du Tres-Saint-Redempteur, on behalf of all students of Seminaire Saint-Alphonse, in Ste. Anne de Beaupre, who were sexually abused by priests between 1960 and 1987. At least five priests, including the school's former director were involved. The suit alleges that the priests planned among themselves which boys would be victims.

Florida County Sues Homeowners Association Charging Religious Discrimination

On Tuesday, Hillsborough County, Florida filed a federal lawsuit against the Lake St. Clair Homeowners Association in Apollo Beach charging discrimination against an Orthodox Jewish homeowner who was a member of the association.  According to today's St. Petersburg (FL) Times, the lawsuit charges that in 2005 current homeowners association president James Knott told resident Richard D. First: "Your kind of people are not welcome here."  More recently in response to a request by First to see homeowner association records, First was told by Knott that board members were available only on Friday afternoons and Saturdays-- timing that would violate First's observance of the Sabbath. Knott denies charges of discrimination, saying that "First likes to run his mouth" and has "turned ... people off."

Iranian Christian Pastor Sentenced To Death For Apostasy

According to BosNewsLife, in Iran on Tuesday the 11th Chamber of the Assize Court in Gilan province sentenced Christian pastor Yousef Nadarkhani to death by hanging for apostasy.  Nadarkhani was born a Muslim, but converted to Christianity at age 19.  He has organized a house church and evangelical meetings inviting others to convert to Christianity. He was arrested after protesting enforced reading of the Qur'an.  Under Iranian law, the defendant has 20 days from the date the written verdict is handed donw to appeal to the Supreme Court.  No one has been executed for apostasy in Iran since 1990.

President Obama Issues Thanksgiving Proclamation

On Tuesday the White House issued a Presidential Proclamation declaring today as a "National Day of Thanksgiving." The Proclamation reads in part:

Thanksgiving Day is a time each year, dating back to our founding, when we lay aside the troubles and disagreements of the day and bow our heads in humble recognition of the providence bestowed upon our Nation.... 

In confronting the challenges of our day, we must draw strength from the resolve of previous generations who faced their own struggles and take comfort in knowing a brighter day has always dawned on our great land. As we stand at the close of one year and look to the promise of the next, we lift up our hearts in gratitude to God for our many blessings, for one another, and for our Nation. This Thanksgiving Day, we remember that the freedoms and security we enjoy as Americans are protected by the brave men and women of the United States Armed Forces....

This harvest season, we are also reminded of those experiencing the pangs of hunger or the hardship of economic insecurity.

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."