Suit Charges Religious Discrimination In Closing of Facebook Account

Wednesday's New York Daily News reports on a lawsuit filed in a New York state trial court by a Staten Island man accusing Facebook, among other things, of religious discrimination in closing down his account. Mustafa Fteja, an Albanian Muslim who has lived in the U.S. for 17 years, says that his Facebook account was disabled without explanation and that he received only automated responses from Facebook when he inquired about the situation. The suit asks for $500,000 in damages and restoration of Fteja's personal privileges on Facebook.

Federal Court Suit Challenges School's Teaching of Evolution

Earlier this month, a former Pennsylvania high school teacher filed an action pro se challenging the teacing of evolution by the Blue Mountain, Pennsylvania school district.  The complaint (full text) in Ritter v. Blue Mt. School District, (MD PA, filed 1/18/2011), alleges teaching that the only explanation for life is evolution (without the possibility of a Creator) amounts to the promoting of Atheism, which in turn amounts to teaching of a religion.  Plaintiff objects to paying taxes to support the school district and asks the court to find that "the Blue Mt. School District is an illegal body so long as it teaches Atheism, and thus is not entitled to pursue any further actions." Plaintiff also filed a "Brief" in support of his complaint and a copy of his school district  tax bill along with a document arguing that evolution is unscientific.  In a press release yesterday announcing the filing of the case, plaintiff added that the court in which the suit has been filed is the "same district that rendered the infamous Kitzmiller decision in 2005."

Magistrate Rejects Preliminary Injunction Request for Jehovah's Witness Congregation Zoning

In Merrimack Congregation of Jehovah's Witnesses v. Town of Merrimack, (D NH, Jan. 24, 2011), a New Hampshire federal magistrate judge recommended denying a preliminary injunction to a Jehovah's Witness congregation that unsuccessfully sought a zoning exception to build a Kingdom Hall in an area zoned residential. The court rejected plaintiff's free exercise claim, finding that plaintiff "was unable to identify anything religiously significant" about the property on which it sought to build. Today's Nashua Telegraph reports on the decision.

Courts Decide Claims For Return of Contributions To Religious Groups

Court decisions on two continents have recently struggled with attempts to recover transfers made by individuals to religious organizations. In Canada, a Windsor, Ontario Superior Court judge overturned a small claims court decision in a dispute over whether $35,000 transfered to the Society of the Madonna di Canneto was a loan or a contribution.  Yesterday's Windsor Star reports that the small claims court held that $30,000 of the $35,000 transfered by Luigi Tosti and three others to the organization which built a $1.5 million shrine to the Virgin Mary was a donation. The small claims trial was so contentious that the judge had to shout over the feuding parties in order to be heard.

Meanwhile, in Britain, today's London Express and the Daily Mail report that the Cardiff Civil Court of Justice ruled that former RAF officer Richard Curtis was unduly influenced by the Self Realization Meditation Healing Centre when he, along with his wife, transfered their home to the religious group. The Centre-- described by some as a cult-- is led by 79-year old Rena Denton. The group has since spent substantial amounts renovating the house for use as an alternative centre. The court nevertheless ordered the property returned to the donors. Curtis will sell it and split the proceeds with his estranged wife who is still a member of the Healing Centre.

Mother's Religious Beliefs Lead To Award of Health Care Decision Making to Father

In Winters v. Brown, (FL App., Jan. 26, 2011), a Florida appellate court upheld applying the "best interest of the child" test to affirm a trial court's award of control over health care decisions for his minor child to the child's father. Matthew Brown, the father, who was never married to Shannon Winters, the mother, petitioned for establishment of paternity and control over health care, religious and educational issues when Winters obtained a exemption from the public school immunization requirements for the child. Winters objects on religious grounds to introducing anything into the body to prevent disease or treat illness. [Thanks to Volokh Conspiracy for the lead.]

New Argentine Law Allows Muslim Women To Wear Hijab In Public

Press TV reports that Argentina has adopted a new law allowing Muslim women to wear a hijab (head scarf) in public. It also allows them to wear a hijab for their national identity card photo. Muslims make up 2% of Argentina's population.

Romania Now Taxes Income of Witches

Religion Dispatches yesterday reported on Romania's 16% income tax that beginning January 1 began to apply to the 4,000 witches in the country.  Witches in Romania-- known as vrajitoaries-- combine Christian and pre-Christian elements in their rituals. A group of witches who are unhappy about the new tax conducted a ritual to curse the government.

Amended Opinion Issued, En Banc Review Denied, In World Vision Case

Yesterday, a panel of the 9th Circuit issued an amended opinion and denied an en banc rehearing in Spencer v. World Vision, Inc., (9th Cir., Jan. 25, 2011). At issue is whether the Christian humanitarian organization, World Vision, comes within the exemption in Title VII of the 1964 Civil Rights Act (42 USC 2000e-1) for "a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." In August 2010, the same panel issued three separate opinions defining the criteria for falling within the exemption. (See prior posting.) The amended opinion includes a per curiam opinion of two of the judges explicitly agreeing on the narrower of their two opinions as criteria for invoking the exemption:

Judges O’Scannlain and Kleinfeld concur that an entity is eligible for the section 2000e-1 exemption, at least, if it is organized for a religious purpose, is engaged primarily in carrying out that religious purpose, holds itself out to the public as an entity for carrying out that religious purpose, and does not engage primarily or substantially in the exchange of goods or services for money beyond nominal amounts.

[Thanks to Steven H. Sholk for the lead.] 

State of the Union Speech Includes Two References To U.S. Religious Diversity

President Obama's State of the Union address last night (full text) contained two references to religious affiliation of Americans.  The first was in connection with U.S. efforts to prevent al-Qaeda attacks:

And as extremists try to inspire acts of violence within our borders, we are responding with the strength of our communities, with respect for the rule of law, and with the conviction that American Muslims are a part of our American family.

The second reference was in the President's remarks on the recent repeal of "Don't Ask, Don't Tell":

Our troops come from every corner of this country – they are black, white, Latino, Asian and Native American. They are Christian and Hindu, Jewish and Muslim. And, yes, we know that some of them are gay. Starting this year, no American will be forbidden from serving the country they love because of who they love. And with that change, I call on all of our college campuses to open their doors to our military recruiters and the ROTC....

Court Preliminarily Enjoins Enforcement of County Funeral Picketing Law

In Phelps-Roper v. County of St. Charles, Missouri, (ED MO, Jan. 24, 2011), a Missouri federal district court issued a preliminary injunction against a St. Charles (MO) County Ordinance that prohibits picketing within 300 feet of a funeral. In the lawsuit, filed on behalf of members of the Westboro Baptist Church, the district court concluded that 8th Circuit precedent make it likely that the law would be invalidated as not narrowly tailoered or as facially over broad. Suburban Journals reports on the decision.

Hockey Player Sues Teams and Coaches For Anti-Semitic Harassment

TSN and CNN reported yesterday that Jason Bailey, a Jewish hockey player, has filed suit in a California state court alleging an anti-Semitic work environment created by the coach and assistant coach of the Bakersfield (CA) Condors.  The suit also names as defendant the Anaheim Ducks, the Condors' parent team. The suit alleges that the coaches directed anti-Semitic remarks at him, forced him to travel apart from the team and denied him playing and practice time. At one point, the Condors forced the coaches to send letters of apology to Bailey, but Bailey says they were insincere.

Ban On Firearms In Churches Does Not Infringe Free Exercise Rights

In GeorgiaCarry.Org, Inc. v. State of Georgia, (MD GA, Jan. 24, 2011), a Georgia federal district court upheld the constitutionality of a Georgia statute that prohibits the carrying of firearms in any place of worship. The suit was brought by a firearms group, a Baptist church and its pastor. Plaintiffs alleged that the restriction infringed their free exercise of religion. They argued that their ability to attend or conduct worship services was burdened by prohibiting them from carrying a firearm for self defense while doing so. The court rejected the argument, finding that the restriction did not amount to a substantial burden on plaintiffs' religious exercise, nor does it unconstitutionally infringe on the church's ability to manage its internal affairs. The court also rejected plaintiffs' Second Amendment challenge to the law. Finally the court held that the state of Georgia (as opposed to other officials named as defendants) enjoyed sovereign immunity against the claims asserted. The Atlanta Journal Constitution reports on the decision.  Links to the pleadings and other documents in the case are available form GeorgiaCarry's website.

UPDATE: The Atlanta Journal Constitution reports that on Jan. 26  Georgia Carry filed a notice of appeal to the 11th Circuit.

India's Supreme Court Withdraws Language Criticized By Christians

According to Cath News, India's Supreme Court today withdrew on its own initiative a paragraph in an opinion it handed down last week that had created significant concern among Christian leaders and human rights groups. At issue was the court's decision reviewing the life sentence imposed on radical leader Dara Singh who was convicted of leading a mob that set fire to a station wagon in which Australian missionary Graham Staines and his two sons were sleeping, killing the three.  The prosecution has sought the rarely-imposed death penalty, but the lower court imposed life imprisonment. In upholding the sentence, the Supreme Court originally said that the killers had acted with the "intention to teach a lesson to Graham Staines about his religious activities, namely, converting poor tribals to Christianity. All these aspects have been correctly appreciated by the High Court and modified the sentence of death into life imprisonment with which we concur." Critics said the language would embolden Hindu radicals and that it is inconsistent with Sec. 25 of the Indian Constitution that allows individuals to profess, practice and propagate their religion.

Swiss High Court Says No To Trademark Registration of "Madonna"

International Law Office yesterday published an analysis of an interesting trademark law decision handed down in September 2010 by Switzerland's Federal Supreme Court.  The court refused to add the figurative international trademark "Madonna" to the Swiss Trademark Register on the ground that commercial use of the term-- a reference to the Virgin Mary-- would be immoral under Swiss trademark law. Commercial use of the term could hurt the religious feelings at least of Italian speaking Catholics in Switzerland. The court however said that religious terms could be registered where the public has become accustomed to their commercial use (such as the names of saints used for alcoholic beverages), or where the trademark is for goods or services with religious content.

Court Finds Priest Abuse Claim Against Diocese Is Not Time-Barred

In Wisniewski v. Diocese of Belleville, (Ill. App., Jan. 13, 2011), an Illinois appellate court in a 2-1 decision rejected a statute of limitations and repose defense raised by a Catholic diocese held responsible for sexual abuse by a priest.  In a lengthy decision, the majority found that the fraudulent concealment doctrine tolled the statute of repose in the suit in which a jury had awarded plaintiff $2.4 million in compensatory damages and $2.6 million in punitive damages. The court also upheld the legal sufficiency of plaintiff's claim on the merits, stating:

[T]he Diocese had knowledge of Kownacki's [the priest's] propensity to abuse minor children, plying them with alcohol prior to abusing them and telling them the abuse was a good thing. The Diocese placed Kownacki in the position to abuse Wisniewski in the same manner, and the Diocese facilitated and promoted Kownacki's abuse not only through silence but through affirmative acts of misrepresentation concerning Kownacki's character . Almost all the abuse ... occurred on church property that Kownacki occupied solely because of his position as a priest of the Diocese. The opportunity for abuse created by the Diocese called for the exercise of control by the Diocese. Its failure to do so is unquestionably actionable in Illinois courts.

Judge Spomer dissented, arguing that under then-applicable statute of repose, plaintiff's claims were time barred in 1991 when he reached the age of 30.

Suit Challenges School's Refusal To Install Pavers With Biblical Verses

The Desert Sands (CA) Unified School District Board in late 2009 approved a PTO fundraiser. Parents, community members and students were given the opportunity to purchase bricks and benches that would be placed permanently on the new Palm Desert High School campus. Purchasers were allowed to have brick pavers they purchased engraved with a message of their choice. However the school refused to install pavers from two donors who had Bible verses inscribed on theirs. Last Thursday the two donors filed a lawsuit challenging the refusal. The complaint (full text) in Hart v. Tomack, (CD CA, filed 1/20/2010) claims that the denial amounts to unconstitutional viewpoint-based discrimination in a designated public forum. It also alleges that the school's policy amounts to an unconstitutional prior restraint because it delegates to school officials unbridled discretion to reject religious speech by community members. It also alleges equal protection, free exercise, establishment clause and due process violations. Alliance Defense Fund issued a release announcing the filing of the lawsuit.

Supreme Court OK's Suits Under Title VII For Retaliation Against 3rd Parties

In Thompson v. North American Stainless, LP, (US Sup. Ct., Jan. 24, 2011), the U.S. Supreme Court held that Title VII of the 1964 Civil Rights Act allows suit by a third party who was the victim of retaliation because someone else-- here plaintiff's fiancee-- filed an anti-discrimination claim. While this case involved a sex discrimination claim, the holding would also apply to employer retaliation against a third-party employee based on the filing of religious discrimination charges. (CNN reports on the decision.)

ADL Has Become Leading Defender of Mosque Construction Projects

According to a report yesterday by CNN, the Anti-Defamation League over the last few months has become a leading advocate supporting mosque construction projects around the country against local opposition.  Generally it has invoked RLUIPA to support mosque zoning applications.  The role has surprised some because of the high profile, and much criticized, opposition by the ADL last July to the proposed construction of a mosque and Islamic Center near Ground Zero in New York City. (See prior posting.)  However last September the ADL launched the Interfaith Coalition on Mosques. Last week the ADL wrote a letter, supported by the Coalition, to the mayor and city council of Temecula, California supporting construction of a 25,000 square foot mosque project there that is to be voted on today. The Coalition, however, is itself controversial. Last Friday, the president of the Southern Baptist Convention's Ethics and Religious Liberty Committee, Richard Land, withdrew from the interfaith Coalition, explaining: “While many Southern Baptists share my deep commitment to religious freedom and the right of Muslims to have places of worship, they also feel that a Southern Baptist denominational leader filing suit to allow individual mosques to be built is 'a bridge too far'." The Christian Post reports further on Land's withdrawal.

Recent Articles of Interest

From SSRN:

• Christopher McCrudden, Religion and Education in Northern Ireland, (Oxford Legal Studies Research Paper No. 2/2011, Jan. 16, 2011).
• Jayeel Cornelio, Being Catholic as Reflexive Spirituality: The Case of Religiously Involved Filipino Students, (Asia Research Institute Working Paper No. 146, Jan. 20, 2011).
• Sayani Mitra, Cast System and Social Reform in India, (January 17, 2011).
• David B. Cruz, The Defense of Marriage Act and Uncategorical Federalism, (William and Mary Bill of Rights, Vol. 19, March 2011).
• Lorin C. Geitner, The ‘Next Friends’ Suit: Mary Baker Eddy and The Church of Christ Scientist, on Trial, (Sacred History Magazine, 2010).
• Lorin C. Geitner, Merry Season’s Controversy, (Orange County Lawyer, Forthcoming).
• Lorin C. Geitner, Law and Religion – the First Amendment and the Problems of Alienation, (Orange County Lawyer, Forthcoming).
  

From SmartCILP:

• Bruce Ledewitz, Seeking 'Common Ground:' A Secular Statement, 38 Hastings Constitutional Law Quarterly 49-90 (2010).

Texas County Puts Donated 10 Commandments Monument On Courthouse Square

The Oldham County Texas commission last year approved residents placing a Ten Commandments monument on Courthouse Square, so long as county funds were not spent on it. The Amarillo Globe-News yesterday reported that a 4-ton granite monument is now in place, positioned so it is surrounded by three historical markers-- honoring the senator for whom the county is named, the county's first physician and Old Tascosa. Churches and individuals in Oldham County donated $11,000 to cover the cost of the monument. An inscription on the monument reads in part: "Dedicated to our loving Lord God, our founding fathers and our great nation ... Donated by the people of Oldham County." Oldham County Judge Don Allred says of the monument: It fits our community values."