Religion Clause

Monday, January 17, 2011

MLK Day-- King Memorial On National Mall Will Include Quotes From Sermons and Speeches

President Barack Obama has issued a Proclamation declaring today as the Martin Luther King, Jr. Federal Holiday. The occassion will be marked by a Day of Service. Meanwhile last week Secretary of Interior Ken Salazar and other officials visited the work site of the King Memorial currently under construction on the National Mall in Washington, D.C. It is located on the northeast corner of the Tidal Basin. The memorial will include quotes from Dr. King's sermons and speeches. The federal government has contributed $9.85 million toward the construction. Nearly $100 million has been raised so far from private sources. It is expected that the memorial will be completed this year.

Egypt Sentences Killer of 6 Christians and Muslim Guard To Death

According to Canadian Press, an Egyptian court in the city of Qena yesterday convicted Mohammed Ahmed Hassanein of killing six Christians and a Muslim guard last year outside a church in the town of Nag Hamadi. (See prior posting.) Hassanein was sentenced to death on murder and terror related charges. Two accomplices will be sentenced next month. The sentence comes amid tension from the more recent attack on a Coptic church in Alexandria on New Years eve. (See prior posting.)

Men Plead Guilty To Painting Graffiti on California Synagogue

A U.S. Department of Justice press release on Friday announced that two men pled guilty in a California federal district court to conspiring to violate the civil rights of members of a Modesto, California synagogue. Brian Lews and Abel Gonzales admitted to spray painting anti-Semitic and neo-Nazi graffiti on the exterior walls of Congregation Beth Shalom. They also caused other damage to two churches in Modesto. The defendants face a possible prison sentence of up to ten years and a fine of up to $250,000 at their sentencing hearing in April.

Sunday, January 16, 2011

Recent Prisoner Free Exercise Cases

In Warren v. Schweitzer, 2011 U.S. Dist. LEXIS 1066 (D MT, Jan. 6, 2011), a Montana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 138843, Oct. 29, 2010) allowing an inmate to move ahead against one defendant with his claim that denial of his Odinist religious books and medallion violated the free exercise, establishment and equal protection clauses as well as RLUIPA.

In Martinez v. Foulk, 2010 U.S. Dist. LEXIS 138974 (ED CA, Dec. 29. 2010), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that prison officials denied his requests for a "lucifarian (satanic) bible" and failed to provide him with spiritual guidance by "an authorized church representative/chaplain."

In LaBlanc v. San Bernardino County Board of Supervisors, 2011 U.S. Dist. LEXIS 1238 (CD CA, Jan 5, 2011), a California federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 138992, Sept. 29, 2010) and dismissed a complaint by a civilly committed detainee held as a sexual predator that while in Administrative Segregation he was not permitted to attend church services.

In Nixon v. Zickefoose, 2011 U.S. Dist. LEXIS 1601 (D NJ, Jan. 7, 2011), a New Jersey federal district court dismissed a prisoner's class action lawsuit that alleged among other things that inmates were denied access to religious services when they were put in lock down because of unauthorized cell phones in the prison. Leave to refile amended individual claims was granted.

In Solomon v. Caruso, 2011 U.S. Dist. LEXIS 1486 (WD MI, Jan. 6, 2011), a Michigan federal district court permitted an inmate to proceed against certain defendants on his claim that his rights under the 1st and 14th Amendments and RLUIPA were violated when prison officials insisted on scheduling Moorish Scinece religious services on Saturday instead of Friday.

In Thomas v. Lawler, 2011 U.S. Dist. LEXIS 1913 (MD PA, Jan. 10, 2011), a Pennsylvania federal district judge dismissed, with leave to amend, an inmate's claim that he is unable to use the prison chapel to practice his religion because of bolted chairs and bolted religious symbols in the chapel.

In Washington v. Chaboty, 2010 U.S. Dist. LEXIS 139336 (SD NY, Dec. 30, 2010), an inmate challenged disciplinary action taken against him for violating a prison rule barring messages of a personal nature from inmates to prison employees. Plaintiff had given a corrections officer a copy of the Quran and two sheets of notes explaining it. The court concluded that plaintiff's religious freedom rights were not violated, but that the rule barring personal communications to a corrections officer violates the free speech protections of the First Amendment. However it went on to hold that defendants here were protected by qualified immunity.

In Garcia v. Cameron, 2010 U.S. Dist. LEXIS 139305 (MD FL, Dec. 30, 2010), a Florida federal district court rejected an inmate's complaint that he was denied counseling with a Catholic priest.

In Robinson v. Owens, 2011 U.S. Dist. LEXIS 2511 (SD GA, Jan. 4, 2011), a Georgia federal magistrate judge rejected free exercise claims against the defendants named in a lawsuit brought by an inmate whose request for vegan meals was denied at the state Inmate Classification level.

Feds Seek To Close Down "Corporation Sole" Scam

AP reported Friday that federal prosecutors have filed suit seeking an injunction to prevent a North Carolina man from selling clients a fraudulent scheme to avoid federal income tax. Promoter Andrew DeDominicis has encouraged individuals to form a religious "corporation sole" to shield their assets from creditors and avoid taxes. DeDominicis falsely told clients that for-profit income transfered to the corporation sole is exempt from income tax. A corporation sole is the entity form traditionally used by the Catholic Church and some other churches to hold church assets. The IRS has identified 163 people who have formed corporations sole-- usually under Nevada law-- with the assistance of DeDominicis.

Vermont Settles Vanity Plate Case After 2nd Circuit Loss

Friday's Washington Examiner reports that the state of Vermont will not seek U.S. Supreme Court review of the 2nd Circuit decision last October invalidating its vanity license plate statute's exclusion of plates with religious rreferences. (See prior posting.) In a settlement reached last week, the state agreed that Vermonter Shawn Byrne will be issued the license plate "JN36TN", intended to refer to the Biblical verse John 3:16. It will also allow others to obtain vanity plates with religious references. In addition, the state will pay Byrne's $150,000 in legal fees.

President Proclaims Today Religious Freedom Day

President Barack Obama has issued a Proclamation declaring to day to be Religious Freedom Day, celebrated each year on the anniversary of the passage of Virginia's 1786 Statute for Religious Freedom. The Proclamation reads in part:

My Administration continues to defend the cause of religious freedom in the United States and around the world. At home, we vigorously protect the civil rights of Americans, regardless of their religious beliefs. Across the globe, we also seek to uphold this human right and to foster tolerance and peace with those whose beliefs differ from our own. We bear witness to those who are persecuted or attacked because of their faith. We condemn the attacks made in recent months against Christians in Iraq and Egypt, along with attacks against people of all backgrounds and beliefs.

Saturday, January 15, 2011

Federal Court Issues Preliminary Injunction Against "Family Values" Ordinance Limiting City's Health Insurance

Last November, the voters of El Paso, Texas approved an ordinance aimed at barring the city from providing health benefits to domestic partners of city employees. According to KVIA News, on Thursday a federal judge issued a preliminary injunction barring implementation of the ordinance until he makes a final ruling in mid-April. The ordinance was placed on the ballot by a local Christian group that opposes homosexuality, however the language of the ordinance apparently disqualified a number of unintended individuals. The ballot measure read: "Shall the ordinance, endorsing traditional family values by making health benefits available only to city employees and their legal spouse and dependent children, be approved?" Currently the city provides insurance to a number of non-employees, such as elected officials, retirees and affiliated contractors. It also provides insurance for dependent grandchildren, not just children. In granting the preliminary injunction, the court concluded that the city needs a legitimate governmental interest in order to take away health insurance, and that it is difficult to identify that interest when the term "traditional family values" does not have a clear definition. The court also concluded that the ordinance may violate the Contract Clause of the U.S. Constitution. The court also denied the motion by the proponents of the ballot measure-- El Paso for Traditional Family Values-- to intervene and limited it to appearing in an amicus capacity. The group argued that the city would not adequately defend the ordinance.

Justice Department Files Appellate Brief Defending DOMA

On Thursday, the federal government filed its much anticipated appellate brief (full text) in Massachusetts v. U.S. Department of Health and Human Services and a companion case defending the constitutionality of the federal Defense of Marriage Act, even though President Obama supports repeal of the law. A Massachusetts federal district court struck down the law last July, and the government appealed. (See prior posting.) The brief in the 1st Circuit appeal explains:

The Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here. This longstanding and bipartisan tradition accords the respect appropriately due to a coequal branch of government and helps ensure that the Executive Branch will faithfully defend laws with which an Administration may disagree on policy grounds.

CBS News reports that the Justice Department consulted with gay rights groups to avoid arguments in its brief that are particularly offensive to gays and lesbians. The brief argues that DOMA "is rationally related to legitimate governmental interests" of maintaining a uniform status quo at the national level while states experiment with different approaches to same-sex marriage.

Stampede During Hindu Pilgrimage In India Kills 104

In India, the government of the state of Kerala took quick rescue and relief action after a stampede near a Hindu temple Friday night killed 104 Makar Sankranti pilgrims and injured more than 60 others. The Times of India reports that the stampede which took place near the Sabarimala Temple caught authorities off guard since it occurred on a forest route in side the Periyar tiger preserve which is less used by pilgrims. The state government will pay compensation to the injured and the families of those killed. There are conflicting stories as to the cause of the stampede, but they all involve vehicles either losing control or turning over.

Injunction Against Illinois Moment of Silence Law Formally Lifted

In October, the U.S. 7th Circuit Court of Appeals upheld upheld Illinois' Silent Reflection and Student Prayer Act against Establishment Clause and vagueness challenges. (See prior posting.) The court remanded the case to the district court with instructions to enter judgment for the state board of education. The Evanston (IL) Review reports that the district court on Thursday formally lifted its earlier injunction against implementing the moment of silence law. Schools will begin having a mandatory moment of silence each day starting this coming week.

Friday, January 14, 2011

Court Says AIG Bailout Did Not Violate Establishment Clause Despite Offering of Shariah-Compliant Products

In Murray v. Geithner, (ED MI, Jan. 14, 2011), a Michigan federal district court rejected an Establishment Clause challenge to the bailout of AIG insurance by the federal government under the Emergency Economic Stabilization Act of 2008. Plaintiff claimed that because AIG is a leader in offering Shariah-compliant insurance products, the government is using appropriated funds to finance Islamic religious activities in violation of the Establishment Clause. The court concluded, however, that the government had secular purposes that are not secondary to religious purposes, that AIG is not engaged in religious indoctrination attributable to the government, and that the government has not become excessively entangled with religion. It also concluded that Treasury Department activities publicizing and studying Shariah-compliant financial products do not amount to governmental endorsement of religion. The Detroit Free Press reports on the decision. (See prior related posting). Plaintiff quickly filed a notice of appeal to the 6th Circuit.

Burmese Political Party Creates Group To Discourage Religious Conversions

Irrawaddy reported yesterday that in Burma (Myanmar), the ruling Union Solidarity and Development Party has formed a new organization to discourage residents from converting from Buddhism to other religions.The organization, Sasana Nugaha, was formed by businessman Khin Shwe, a USDP member of the upper house of Parliament. Critics say the organization is attempting to politicize Buddhism and violates Sec. 407 of Burma's 2008 Constitution that prohibits any political party from "directly or indirectly receiving and expending financial, material and other assistance from ... a religious association" or "abusing religion for political purpose."

Legislation Introduced To Permit Religious Symbols In U.S. Military Memorials

A press release issued Tuesday by Congressman Duncan Hunter announced that he and two other California members of Congress have introduced the War Memorial Protection Act (HR 290). The bill comes in the wake of a 9th Circuit Court of Appeals ruling holding that the Mt. Soledad veterans' memorial cross violates the Establishment Clause. (See prior posting.) The bill provides:

To recognize the religious background of members of the United States Armed Forces, religious symbols may be included as part of--
(1) a military memorial that is established or acquired by the United States Government; or
(2) a military memorial that is not established by the United States Government, but for which the American Battle Monuments Commission cooperated in the establishment of the memorial.

Stripes Central reports on the bill.

Utah Sheriff's Letter To Employees Questioned on Church-State Grounds

Weber County, Utah sheriff Terry Thompson has removed a letter he sent to his employees from the Sheriff Department's Facebook page after a church-state objection by an employee was sent to him by a Salt Lake City attorney. According to yesterday's Deseret News, the letter told employees: "Always know that God, in whatever form you picture Him, recognizes our sacrifice and service, understands our imperfections and blesses us." It went on to assert that the death penalty was morally sound and said that God was "OK with it." Today's Ogden (UT) Standard-Examiner reports that local clergy are split over the propriety of the sheriff's letter, and a number object to his views on capital punishment.

School Board Seeks To Enjoin Bus Stop Street Preacher

In Dauphin County, Pennsylvania, the Dauphin Central School District is seeking an injunction to prevent street preacher Stephen Garisto from proselytizing middle school and high school students at a school bus stop. The Harrisburg (PA) Patriot News reports that at a hearing yesterday, a state court judge extended a temporary injunction while she considers the case. Garisto, who insisted on being sworn in on a Bible at the hearing, says he has been ministering to children since the 1980's. He says his goal is to "get them saved and get them discipled." Parents who testified Thursday expressed concerns about their children's safety. The school district's attorney argues: "These are kids. They don’t have the wherewithal to say to Mr. Garisto, ‘I don’t want a Bible tract'." During the hearing, Judge Jeannine Turgeon told Garisto: "Mr. Garisto, you’re not Mr. Rogers. In our culture we tell children, 'Do not talk to strangers.'" She said his actions mimic those associated with pedophiles and child abductors.

New Motions To Dismiss ACLU Suit Challenging Minnesota Cultural Identity Charter School

In 2009, the ACLU of Minnesota filed a federal lawsuit against Tarek ibn Ziyad Academy (TiZA), a publicly-funded cultural identity charter school operating in the Twin Cities area, alleging that school policies promote Islam and that the school has improperly leased land from sectarian organizations-- all in violation of the Establishment Clause as well as various state constitutional and statutory provisions. (See prior posting.) The lawsuit also named the state commissioner of education as a defendant. The St. Paul Pioneer Press and the Minneapolis Star-Tribune on Wednesday reported on two new developments in the case. The state's new education commissioner, Brenda Cassellius, filed a motion in court to dismiss the suit against the state, arguing that TiZA made multiple misrepresentations to the state which interfered in the state's ability to oversee the charter school. Meanwhile separately TiZA filed a motion to dismiss the case on the ground that the ACLU of Minnesota cannot bring the suit because it was administratively dissolved by the Minnesota Secretary of State in 2006 for inadvertently failing to renew its registration.

Eruv Dispute in The Hamptons Goes To Court

27 East and Hampton Bays Patch both report that a lawsuit was filed in federal district court in New York yesterday by the East End Eruv Association challenging actions by the villages of Westhampton Beach and Quogue and the town of Southampton in preventing agreements with Verizon and the Long Island Power Authority for use of utility poles to create an eruv-- a symbolic boundary that allows Orthodox Jews within it to carry items on the Sabbath. (See prior related posting.) The suit against the Long Island villages and town claims that local officials are campaigning against the eruv. Officials assert that attaching small markings or strips (lechis) to utility poles violates local zoning rules and sign codes, and that since the poles are in the municipalities' rights of way, government approval is required. The lawsuit alleges that blocking the eruv amounts to religious discrimination. It asks the court to rule that there is no basis for asserting that local law prohibits creation of the eruv, demands that defendants drop their objections to the eruv, and asks for damages.

Suit Challenges County's Refusal To Display Church-State Separation Posters

Yesterday Americans United announced that it has filed a federal lawsuit on behalf of a resident of Johnson County, Tennessee who sought to have the county display two posters on the separation of church and state in the lobby of the county court house. The complaint (full text) in Stewart v. Johnson County, Tennessee, (ED TN, filed 1/13/2010), alleges that the county has adopted a limited public forum policy permitting local residents and organizations to donate displays of historical documents that "directly relate to the development of law, the universally-valued principle of equal justice under the law, the history and heritage of the law of Johnson County, State of Tennessee, or the United States, and/or the specific function of the Courthouse itself."

Among the displays already in the court house is a display that features the Ten Commandments and other historical documents along with a 26-page pamphlet that includes an introduction titled "From Biblical Morality to Modern Law." Plaintiff's proposed 44 inch by 28 inch posters were titled "On the Legal Heritage of the Separation of Church and State" and "The Ten Commandments Are Not the Foundation of American Law." The county rejected them because they did not contain historical documents.The lawsuit contends that the display of the Ten Commandments while rejecting these posters violates plaintiff's free speech rights, the Establishment Clause and Art. I, Sec. 3 of the Tennessee Constitution that prohibits giving legal preference to any religion. [Thanks to Bob Ritter for the lead.]