Court Rejects Establishment Clause Claim Alleging Connection of State Officials With Catholic Organizations

Wallace v. Bank of America, 2010 U.S. Dist. LEXIS 129804 (D NH, Nov. 5, 2010), is a pro se case growing out of foreclosures on plaintiff's homes.  A New Hampshire federal district court rejected an Establishment Clause claim added by plaintiff which, according to the court, was "based on the governor's appearance at a fundraiser for a community food bank run by New Hampshire Catholic Charities, and the Roman Catholic Church membership or affiliation of Robert Ducharme, Chairman of the New Hampshire Board of Nursing, and others who [plaintiff] believes have harassed or defamed her."

En Banc 9th Circuit Refuses To Create Test for Who Is Covered By the Ministerial Exception

In an en banc opinion in Alcazar v. Rosas, (9th Cir., Dec. 10, 2010), the full 9th Circuit vacated the portion of the 3-judge panel's decision that adopted a new definition for who is a minister for purposes of the "ministerial exception" doctrine. (See prior posting.) At issue is a challenge by a Catholic seminarian who alleged violations of Washington state's Minimum Wage Law, claiming he was not paid required overtime while in a placement program preparing for the priesthood. The en banc court concluded that appellant was a minister "under any reasonable interpretation of the exception," and that the exception applies to appellant's minimum wage claim  The court went on to hold:

First Amendment considerations relevant to an ordained minister apply equally to a person who, though not yet ordained, has entered into a church-recognized seminary program to become a minister and who brings suit concerning employment decisions arising from work as a seminarian..... We do not address the extent of any ministerial exception concerning minors.... Additionally, we agree ... that, if a church labels a person a religious official as a mere “subterfuge” to avoid statutory obligations, the ministerial exception does not apply.

Courthouse News Service reports on the decision.

Pastor As Chicago Mayoral Candidate Must Deal With IRS Rules

Today's Chicago Tribune reports on the Internal Revenue Code tightrope being walked by Rev. James T. Meeks who is pastor of Salem Baptist Church and preaches every Sunday at the 10,000 seat House of Hope arena.  Meeks is now also a candidate for mayor of Chicago.  The Internal Revenue Code bars churches and other non-profits from supporting candidates in political elections. (Background.) Meeks regularly-- beginning long before he became a candidate-- preaches about problems in the city such as poor garbage pick up and under-performing public schools. He also tells his congregants that they have a duty to support candidates that are guided by Christian values. Criticizing the IRS rules, Meeks asks why he can take money from all sorts of special interests, but not from a church. He asks, "If homosexuals can endorse a candidate, why can't a church?"

Saudi King Moving To Reform Legal System

An analysis published yesterday by Gerson Lehrman Group reports that Saudi Arabia's King Abdullah is making progress in pushing through sweeping legal reform and codification to meet World Trade Organization and human rights standards.  The move which attempts to restrict fatwas and codify Islamic legal rules is designed to encourage foreign investment, standardize legal practice and grant enforcement powers to the courts. In response to a series of embarrassing fatwas, Abdullah has decreed that only members of the Council of Senior Islamic Scholars can to issue fatwas. The analysis concludes:

The debate over the rules that govern the issuing of fatwas reflects King Abdullah's recognition and a growing body of public opinion that Wahhabisim, the kingdom's puritan version of Islam, hinders the development of a modern state capable of competing in the 21st century and catering to people's needs. Five years ago, bizarre and obscure fatwas would have been seriously debated rather than ridiculed and condemned.

Many Saudi clergymen have yet to recognize that Abdullah's legal reform offers them an opportunity to consolidate their influence. Yet, they seem more intent on scoring own goals that undermine their public credibility and ultimately could signal the decline of clerical power in Saudi Arabia. In doing so, the clergy could be opening the door for the House of Saud to identify new sources of legitimacy that go beyond their historical reliance on Wahhabism.

11th Circuit: No Bar On Private Employer Keeping Workplace Free of Religious Symbols

 Dixon v. Hallmark Companies, Inc., (11th Cir., Dec. 9, 2010), involved a clash between owners of a federally assisted apartment complex that had a policy barring religious items from being displayed in the building's management office, and the husband and wife maintenance technician and on-site property manager who objected to the policy. A company supervisor insisted that the couple take down a large wall hanging that included the inscription: "Remember the Lilies.... Matthew 6:28." The supervisor ultimately took the picture down  and an argument ensued when the couple wanted to rehang it, leading to their being fired. The couple sued.  On appeal, the 11th Circuit concluded that plaintiffs failed to show any legal rule that barred the owners from keeping religious symbols out of the workplace.  However it sent back for trial a religious discrimination claim based on the husband's allegation that the supervisor said he was being fired for being "too religious." It also sent back to the trial court a religious accommodation claim so the trial court could determine whether plaintiffs had a sincere religious belief that conflicted with the company's policy. (See prior related posting.)

President Delivers Remarks At National Christmas Tree Lighting

President Obama yesterday delivered remarks (full text) at the lighting of the National Christmas Tree on The Ellipse. He said in part:

each year, we have gathered here. Each year we’ve come together to celebrate a story that has endured for two millennia. It’s a story that's dear to Michelle and me as Christians, but it's a message that's universal: A child was born far from home to spread a simple message of love and redemption to every human being around the world.

It's a message that says no matter who we are or where we are from, no matter the pain we endure or the wrongs we face, we are called to love one another as brothers and as sisters....On behalf of Malia, Sasha, Michelle, Marian -- who’s our grandmother-in-chief -- (laughter) -– and Bo -- don't forget Bo -- (applause) -- I wish all of you a merry Christmas and a blessed holiday season.

Court Upholds Monastery's Copyright Claims Against Former Member

In Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory, (D MA, Dec. 3, 2010), a Massachusetts federal district court upheld copyright infringement claims brought by an Orthodox monastery against Archbishop Gregory,  a former member of the monastery.  Gregory posted on his website portions of English translations of six religious works. The monastery holds copyrights on the translations. Gregory was involved with others in creating the translations when he was at the monastery. Sales of copies of the works help sustain the monastery financially.  The court rejected various challenges to the validity of the monastery's copyrights and also rejected defendants' fair use defense. It granted the monastery's motion for summary judgment on the infringement claims and gave the monastery until Dec. 17 to elect whether it wants a trial on damages or sill settle for a judgment based on the statutory minimum damages of $750 per work infringed. Wednesday's National Law Journal reported on the decision.

Kentucky Will Bar Religious Theme Park From Hiring On Basis of Religion If It Gets Tax Incentives

As previously reported, Kentucky Gov. Steve Beshear is supporting an application by a proposed Noah's Ark theme park for participation in the state's sales tax rebate program for tourism development projects.  Yesterday's Louisville Courier Journal reports that Beshear says he is insisting that the contract with Ark Encounter bar it from receiving tax incentives if it discriminates on the basis of religion (or otherwise) in its hiring. Kentucky law permits religious organizations to hire on the basis of religion for work connected with religious activities.  Another Kentucky tourist attraction, Answers In Genesis, requires employees to sign a statement of faith.  Ark Encounter developers plan for their new park to be operated by Answers In Genesis once the park is built.

New AG Who Will Defend Anti-Shariah Amendment Profiled As Backers Look To Other States

An article in yesterday's Christian Century profiles the new attorney general of Oklahoma who will take office January 1 and will be active in defending Oklahoma's anti-Shariah constitutional amendment that is currently being challenged in court. A federal district court has issued a preliminary injunction preventing certification of the November vote that approved the amendment. (See prior posting.) Attorney-general elect Scott Pruitt, a Republican, is a former state senator who in 2000 co-authored Oklahoma's Religious Freedom Act. Pruitt, who is also co-owner of the Oklahoma City Redhawks minor league baseball team, was strongly backed by Christian Conservatives in the November election. Meanwhile, Jordan Sekulow of the American Center for Law and Justice, who advised one of the drafters of the anti-Shariah amendment, says that they are looking ahead to proposing similar amendments in other states.  He reported:  "We've already started drafting amendments similar to this that would be even more constitutionally airtight."

Rabbi, Rejected As Army Chaplain Because of Beard, Sues

The Washington Post reports that yesterday an Orthodox Jewish rabbi filed suit against the U.S. Army challenging its refusal to allow him to serve as a chaplain because he wears a religiously-mandated beard. Originally the Army appointed Menachem M. Stern, a member of the Brooklyn (NY) Chabad-Lubavitch community, as a second lieutenant, but then withdrew his commission in September because of the Army's policy barring beards. The suit alleges that the refusal is discriminatory, particularly since the Army has since granted waivers of the beard regulation to two Sikh and a Muslim Army officers. (See prior related posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

HHS Faith-Based Office Promotes Flu Vaccinations

The U.S. Department of Health and Human Services announced this week that its Center for Faith-based and Community Partnerships is promoting National Influenza Vaccination Week with coordinated events around the country and the release of two new "fight the flu" resources-- a one page flyer and a guide for faith and community leaders on seasonal influenza. As part of the effort, U.S.Surgeon General Dr. Regina Benjamin spoke at Bishop T.D. Jakes' Potter’s House in Dallas, Texas.

Groups Criticize Armenia's Proposed Amendments To Religious Organizations Law

Forum 18 reported yesterday that human rights activists and religious groups are strongly criticizing proposed amendments to Armenia's Law on Freedom of Conscience and Religious Organizations (full text) and proposed amendments to the country's Administrative Offenses Code, Law on Charity, and Criminal Code (full text). The drafts were presented to the Venice Commission of the Council of Europe in October for legal review. The draft law on religious organizations provides in part that: "Registration of a religious organisation shall be carried out on the basis of an expert opinion on its religiousness."  Among the information that an organization seeking registration must submit to the state registration body is:

information on the basics of the doctrine and the practice based thereon, including the characteristics of the given belief and history of origin of the given organisation, characteristics of the forms and methods of its activities, characteristics of attitude towards family, marriage and education, characteristics of the attitude towards the health of the followers of the given religion, on limitations of civil rights and obligations envisaged for the members and servants of the organisation

The draft also provides that a court may order liquidation of a religious organization on grounds of:

• Breach of public security and public order;
• Damaging human health and morality;
• Encroachment of human rights and freedoms;
• Arbitrary intervening in family affairs;
• Abetting persons "being in a state dangerous for life and health" to refuse medical aid based on religious motives;
• Instigate persons to refuse performing civil obligations prescribed by law and to commit other illegal actions.

A proposed new provision in the Criminal Code deals with proselytism. It would bar "distortion of religious convictions of persons in any direct or indirect form of persuasion through a reward or a promise thereof or moral assistance or material aid or deceit, as well as through exploitation of their lack of experience, trust, need, [or] low mental abilities."

Louisiana Rejects Attempts To Include Material on Creationism In New Biology Textbooks

In Louisiana, the Board of Elementary and Secondary Education’s 11-member Student/School Performance Committee voted 6-1 on Tuesday to approve biology textbooks that teach about evolution.  Fox News reports that the Committee rejected attempts by conservatives to add references to the debate about creationism or intelligent design.  The Louisiana Coalition for Science released a statement saying:

We are pleased and proud that the board has done the right thing. As a result, students in Louisiana public schools will have the most current, up-to-date information about biology, including the theory of evolution, which is the strongest explanation of the history and development of life on Earth ever constructed.

[Thanks to Scott Mange for the lead.]

Oregon Gives School Boards Guidance On Teachers Wearing of Religious Clothing

Earlier this year, the Oregon legislature passed a law repealing an 87-year old ban on teachers wearing religious dress in the classroom. (See prior posting.)  Yesterday Oregon's State Labor Commissioner and its Superintendent of Public Instruction jointly announced the creation of a model policy for school districts to use in applying the new law in their schools. The new model policy (full text) allows schools to ban religious dress when it is intended as, or would be perceived as, school district endorsement of the teacher's religious beliefs or as indoctrination or proselytizing of students. In determining intent or perception, schools may consider:

i. The size and visibility of the item of religious clothing;

ii. The inclusion of any writing or symbols on the religious clothing that communicates a direct message;

iii. Any accompanying verbal statements or declarations of a religious nature that go beyond a limited explanation of the religious significance or obligation associated with the wearing of the religious clothing;

iv. The number of employees requesting, or wearing, the same or similar religious clothing in the school; and

v. The reasonableness of this perception should take into account the age, background and sophistication of the student, parent, or employee in the school who regularly encounters the employee.

Peru Enacts New Religious Liberty Protections

The Adventist News Network reports that Peru's Congress (the South American country's unicameral legislature) last week passed historic legislation guaranteeing religious liberty. The new law protects public and private exercise of religion, except where it infringes on the freedoms or fundamental rights of others, or where it threatens public order or welfare. The law protects students, so their grades will not be affected by the practice of their religious faith.  It bars religious discrimination and guarantees all faiths the same rights, obligations and benefits.

7th Circuit Hears Oral Arguments In Day of Prayer Appeal

Last week, the U.S. 7th Circuit Court of Appeals heard oral arguments in Freedom from Religion Foundation v. Obama, a case in which the district court held that the statute creating a National Day of Prayer violates the Establishment Clause. (See prior posting.) The recording of the full oral arguments in the Court of Appeals is now available from the court's website. [Thanks to Illusory Tenant for the lead.]

European Council Rejects Kosher Slaughter Warning Label Requirement

JTA yesterday reported that the Council of the European Union has rejected a controversial kosher meat labeling requirement (Amendment 205) that had originally been approved by the European Parliament as part of new food information regulations.  The proposal would have required kosher meat to be labeled "meat from slaughter without stunning." (See prior related posting.) The reversal follows months of lobbying in Brussels by Jewish groups who feared that the pejorative label would cause prices to rise sharply because many non-Jewish purchasers of kosher meat would be deterred by the label. Currently 70% of kosher meat is purchased by non-Jews. The regulation still must come up for a second reading in the European Parliament where the amendment could be reintroduced. (Background on EU legislative process.)

British Hotel Owners Say Ban on Unmarrieds Occupying Same Room Is Not Sexual Orientation Discrimination

In Britain, a Christian couple who own a seaside hotel in Cornwall are facing civil charges that they violated the Equality Act by refusing to rent a double room to a gay couple. According to today's Bearsden Herald, owners Peter and Hazelmary Bull, however, say they were not discriminating on the basis of sexual orientation. They say they have a general policy, based on their religious beliefs about marriage, of not allowing unmarried couples-- heterosexual or gay-- to occupy the same room. A two-day hearing in the case is scheduled to begin Monday in Bristol County Court.

Catholic Religious Order Charged With Mishandling Abuse Claims Against One of Its Brothers

AP yesterday reported on a long series of events reflecting mishandling by the Catholic religious order, the De La Salle Christian Brothers, of sexual abuse charges against one of its Brothers, Raimond Rose.  Rose taught religion and history classes at De La Salle high schools in Minnesota, Wisconsin, North Dakota and California. He is charged with sexually molesting numerous boys in the 1960's, '70's and early '80's, often while accompanying them on school trips. 21 victims so far have filed lawsuits against Rose. One of the victims, Kenneth Price, contacted the Christian Brothers religious order in 1995. He was assured in a letter from Brother Thomas Johnson (now the second-highest official in the international Christian Brothers order) that Rose had been forbidden to be in contact with anyone under 18 and was working in a prison. It turns out, however, that Rose was chaplain for the Minnesota Correctional Facility-Red Wing, a facility for males ages 10 to 21. One of the inmates later sued Rose for molestation.

Michigan City Settles RLUIPA Suit, Lets Church Move Into Commercial Area

The Oakland County (MI) Daily Tribune reports that a Michigan federal district court last Friday signed a consent order under which the city of Hazel Park, Michigan settled a RLUIPA zoning lawsuit filed against it by the Salvation Temple that wanted to move into a building, but was denied a permit under an ordinance passed in 2005 that bars religious institutions in areas zoned commercial or industrial. (See prior posting.) Under the agreement, the church will be permitted to move into a building that was used as a banquet hall but has been vacant since 2002.  The church will bring the building up to code and will pay back taxes before the property becomes tax exempt. The building, on a triangular parcel of land near two interstates, was unlikely to find a commercial buyer. City officials say there was no economic benefit in their fighting the lawsuit. The settlement did not rule on the validity of the zoning ordinance which apparently effectively keeps churches out of Hazel Park because there is no residentially zoned property large enough to accommodate a church and required parking.