Religion Clause

Thursday, January 20, 2011

Islamic Scholars In Mauritania Ban Female Genital Mutilation

Magharebia reports that last week in the north African country of Mauritania, 34 Islamic religious scholars and national figures signed a fatwa banning female genital mutilation. The document was issued at a seminar organized by the Forum of Islamic Thought, and attended by government and religious leaders. Dr. Sheikh Ould Zein Ould Imam, the Forum's secretary general and professor of jurisprudence at the University of Nouakchott, said: "There's no doubt that the fatwa will substantially curb [FGM], since it removes the religious mask such practices were hiding behind. We do need, however, a media campaign to highlight the fatwa, explain it and expound upon its religious and social significance." Magharebia had previously reported that the incidence of female circumcision in Mauritania had reached 72%.

Human Rights In China Is Part of Obama's Discussions With President Hu

Chinese President Hu Jintao is on a state visit to the United States. At a joint press conference at the White House (full text), President Obama summarized his meeting with Hu, indicating that among the topics discussed was human rights, including religious freedom. Obama said in part:

I reaffirmed America’s fundamental commitment to the universal rights of all people. That includes basic human rights like freedom of speech, of the press, of assembly, of association and demonstration, and of religion -- rights that are recognized in the Chinese constitution. As I've said before, the United States speaks up for these freedoms and the dignity of every human being, not only because it’s part of who we are as Americans, but we do so because we believe that by upholding these universal rights, all nations, including China, will ultimately be more prosperous and successful.

So, today, we’ve agreed to move ahead with our formal dialogue on human rights. We've agreed to new exchanges to advance the rule of law. And even as we, the United States, recognize that Tibet is part of the People’s Republic of China, the United States continues to support further dialogue between the government of China and the representatives of the Dalai Lama to resolve concerns and differences, including the preservation of the religious and cultural identity of the Tibetan people.

In the Q and A, reporters pressed President Hu on the issue of human rights, and Hu responded in part as follows:

China is always committed to the protection and promotion of human rights. And in the course of human rights, China has also made enormous progress, recognized widely in the world.

China recognizes and also respects the universality of human rights. And at the same time, we do believe that we also need to take into account the different and national circumstances when it comes to the universal value of human rights.

China is a developing country with a huge population, and also a developing country in a crucial stage of reform. In this context, China still faces many challenges in economic and social development. And a lot still needs to be done in China, in terms of human rights....

... [T]hough there are disagreements between China and the United States on the issue of human rights, China is willing to engage in dialogue and exchanges with the United States on the basis of mutual respect and the principle of non-interference in each other’s internal affairs....

Last week, the U.S. Commission on International Religious Freedom had written Obama urging him to publicly raise religious freedom issues with Hu.

Wednesday, January 19, 2011

1997 Vatican Letter Questions Irish Church's Policy of Mandatory Reporting of Sex Abuse To Civil Authorities

The New York Times today reports on a 1997 letter (full text) from the Vatican's Apostolic Nuncio in Ireland to Irish clergy questioning a document issued by the Irish Catholic Bishops' Advisory Committee on handling of clergy sex abuse claims. The document titled "Child Sexual Abuse: A Framework for a Church Response" called, among other things, for mandatory reporting of priests suspected of abuse of minors to police or civil authorities. The Vatican's letter included the following statement:

In particular, the situation of 'mandatory reporting' gives rise to serious reservations of both a moral and a canonical nature.

The letter also cautioned that Canon Law procedures need to be followed strictly in taking action against accused priests. Otherwise hierarchical appeals might overturn the action. Apparently one concern was that the Irish procedures were issued in a "study document" rather than in some kind of more definitive manner. Abuse victims in Ireland and the United States say the 1997 letter could be important evidence in lawsuits attempting to hold the Vatican liable for abuse committed by local priests. A Vatican spokesman said that Vatican policy changed in 2001 when the Congregation for the Doctrine of the Faith, headed then by the future Pope Benedict XVI, took over handling of sexual abuse concerns.

Quebec Refuses To Accommodate Kirpans At Hearing On Religious Accommodation

In Canada yesterday morning, a committee of Quebec's National Assembly held hearings on Bill 94, a proposed law to provide for reasonable accommodation of the religious and cultural practices of minorities. However, as reported by CBC News, four members of the World Sikh Organization who were scheduled to testify were denied entry to the National Assembly building because they refused to remove their kirpans-- small religious ceremonial daggers worn against the skin under clothing.One member of the group, Balpreet Singh, called the refusal to accommodate Sikh practice "a bit ironic" under the circumstances. Security officials at the National Assembly consider the kirpan a weapon even though Canada's federal Parliament in Ottawa, as well as the federal Supreme Court, permit kirpans to be worn in their buildings.

New Alabama Governor's Christian Remarks Draw Criticism

Yesterday's Huntsville (AL) Times reports on the negative reaction to a statement made by Alabama's new governor, Robert Bentley, at a Martin Luther King Jr. Day commemoration on Monday. TPM covered the Governor's remarks delivered at Montgomery, Alabama's Dexter Avenue Baptist Church. Bentley said: "So anybody here today who has not accepted Jesus Christ as their savior, I'm telling you, 'You're not my brother and you're not my sister, and I want to be your brother.'" The Anti-Defamation League issue a particularly strong statement, saying in part:

It is shocking that Governor Bentley would suggest that non-Christians are not worthy of the same love and respect he professes to have for the Christian community.... Governor Bentley's remarks suggest that he is determined to use his new position to proselytize for Christian conversion.... If he does so, he is dancing dangerously close to a violation of the First Amendment of the U.S. Constitution....

Gov. Bentley's office issued a statement reading in part: "Gov. Bentley clearly explained in his inaugural address his belief that he is the governor of all of Alabama." [Thanks to Scott Mange for the lead.]

UPDATE: According to CNN, on Wednesday (1/19) Gov. Bentley apologized for his remarks both in a meeting with a Birmingham, Alabama rabbi and at a press conference following the meeting. Rabbi Jonathan Miller of Birmingham's Temple Emanu-El says the apology has put his concerns to rest.

Why The Disproportionate Religious Make-Up of Congress?

In a follow-up to a Pew Forum report earlier this month on the religious composition of members of the 112th Congress (see prior posting), yesterday's Dallas Morning News published an interesting set of responses from nine members of the clergy on why some faith groups have a greater presence in Congress than in the overall U.S. population. In particular, Methodists, Episcopalians, Presbyterians, Jews and Catholics all have greater percentages in Congress than in the population as a whole. Explanations ranged from differences in theologies and traditions, to differences in education and affluence among different religious groups, to observing that some members of Congress adopt a religious affiliation label for convenience with very nominal adherence to the faith.

U.S. State Department Official Will Discuss Blasphemy Law During Visit To Pakistan

Dawn yesterday reported that U.S. Assistant Secretary of State for Democracy and Human Rights Michael H. Posner is visiting Pakistan this week. One topic he plans to raise with the government, opposition leaders and civil society groups is U.S. concern over discriminatory or abusive use of Pakistan's blasphemy law. In an interview with the paper, Posner said: "We are reluctant to prescribe changes and alternatives. But we do believe that people should be free to practice their religion." Posner said he does not want to specifically focus on the controversial case of Aasia Bibi, a Christian woman who has been sentenced to death for blasphemy. But, he said: "We believe in the due process of law, i.e. a person is presumed innocent until proven guilty."

Settlement In Religious Discrimination Suit By Astronomer Against University of Kentucky

The Louisville (KY) Courier-Journal reported yesterday that the University of Kentucky has settled a lawsuit brought against it by Martin Gaskell, an astronomer who was was not selected for the position of founding director of a new observatory at the University. Gaskell claimed his rejection resulted from religious discrimination. He was the leading candidate until his views on the theory of evolution became known. He believes the theory has major flaws and has assigned students readings on intelligent design. Physics and biology professors were concerned about his mixing of religion and science, and one professor feared linking of the University in the public mind with the Creation Museum, also in Kentucky. In the settlement, the University agreed to pay Gaskell $125,000 without admitting any wrongdoing. (See prior related posting.)

Supreme Court Denies Cert In D.C. Gay Marriage Referendum Case

Yesterday the U.S. Supreme Court denied review in Jackson v. D.C. Board of Elections, (Docket No. 10-511, certiorari denied 1/18/2011). (Order List.) In the case, D.C.'s highest appellate court, in a 5-4 decision, upheld election officials' refusal to accept a petition seeking an initiative vote to bar D.C. from recognizing same sex marriages. (See prior posting.) CNN reports on the denial of cert.

Tuesday, January 18, 2011

British Court Awards Damages To Gay Couple Denied Double Room By Christian Hotel Owners

The Daily Mail and the Guardian both report today on a decision by a British court awarding damages to a gay couple who were not permitted by a hotel in Cornwall to share a double room. Hotel owners Peter and Hazel Bull, who are devout Christians, do not allow unmarried couples-- whether heterosexual or gay-- to rent out any of the three double rooms in their seven-room hotel. The Bulls, who live on the ground floor of the hotel, say their policy is based on their Biblical beliefs. In the case, one of the first under the Equality Act (Sexual Orientation) Regulations 2007, the Bulls argued that their policy was based on sex, not sexual orientation. Plaintiffs, civil partners Steven Preddy and Martyn Hall, were each awarded damages of £1,800 ($2880 US). Bristol County Court Judge Andrew Rutherford wrote that he has no doubt that defendants' beliefs are genuine, but that the changed social attitudes reflected in the Equality Act regulations prevail even though they "cut across deeply held beliefs of individuals and sections of society." He said they are: "a necessary and proportionate intervention by the state to protect the rights of others."

In a statement, the Equality and Human Rights Commission which supported and funded plaintiffs in the lawsuit, said: "The right of an individual to practice their religion and live out their beliefs is one of the most fundamental rights a person can have, but so is the right not to be turned away by a hotel just because you are gay." A release by the Christian Institute (which funded the hotel owners' case) quotes owner Hazel Bull who says that she believes "Christianity in being marginalized in Britain." She also said that the court has given plaintiffs permission to appeal its ruling. (See prior related posting.)

EEOC Releases Data On Employment Discrimination Charges Filed in Fiscal 2010

Last week, the U.S. Equal Employment Opportunity Commission released statistics for the numbers of workplace discrimination charges filed with the agency in fiscal 2010 (ending Sept. 30, 2010). The data shows that overall the number of charges was up 7% over fiscal 2009. Of the 99,922 charges filed in fiscal 2010, 3,790 (3.8%) were charges of religious discrimination (up from 3.6% in fiscal 2009).

More Recent Prisoner Free Exercise Cases

In Lee v. Johnson, 2011 U.S. Dist. LEXIS 3298 (WD VA, Jan. 13, 2011), a Virginia federal district court rejected an inmate's request for an order directing officials to allow him "to conduct Sabbat services each day" and his request for an order barring retaliatory action because of events after his meeting with two fellow inmates of the same religion that was broken up by a corrections officer.

In Barnes v. Fedele, 2011 U.S. Dist. LEXIS 3402 (WD NY, Jan. 13, 2011), a New York federal district court dismissed a number of plaintiff's claims, but permitted him to proceed in his claim for equitable relief regarding confiscation of his religious head wear-- a crown for his dreadlocks.

In Rea v. Colorado Department of Corrections, 2011 U.S. Dist. LEXIS 3321 (Jan. 13, 2011), a D CO, a Colorado federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 139634, Dec. 7, 2010) and dismissed plaintiffs' attempt to obtain various changes in prison rules to allow greater practice of religious rituals by Native Americans, including daily prayer meetings on sweat lodge grounds.

In Flanagan v. Shipman, 2010 U.S. Dist. LEXIS 139643 (ND FL, Dec. 3, 2010), a Florida federal magistrate judge recommended dismissing objections by a Native American inmate to prison restrictions barring pipe-smoking and smudging ceremonies without an outside volunteer who is qualified to handle certain sacred objects, and the lack of such outside volunteers.

In Bennett v. Fischer, 2011 U.S. Dist. LEXIS 464 (ND NY, Jan. 3, 2011) a New York federal district court adopted a federal magistrate's recommendations (2010 U.S. Dist. LEXIS 139587, Aug. 17, 2010), and dismissed an inmate's free exercise claim, as well as his 8th Amendment claim on the basis of failure to exhaust administrative remedies. Plaintiff claimed that as a result of his participation in a congregate religious service, he received a false misbehavior report accusing him of creating a disturbance, engaging in an unauthorized demonstration, and refusing a direct order. The court permitted plaintiff to proceed with his due process claim growing out of his disciplinary hearing.

In Pressley v. Pennsylvania Department of Corrections, 2011 Pa. Commw. Unpub. LEXIS 52 (PA Commonw. Ct., Jan. 11, 2011), a Pennsylvania state court overruled the Department of Corrections preliminary objections to a claim by a Muslim inmate that he should be permitted access to the same kosher diet as Jewish inmates because the prison's pork-free diet for Muslim inmates was prepared in pots and pans and served on plates and with utensils that had not been adequately cleansed of pork products.

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.