Gymnastics Competition Refuses Full Religious Accommodation for 7 Year Old

North Jersey's The Record today reports on the issues faced by a 7-year old Jewish gymnast when New Jersey gymnastic competition officials refused to accommodate her Sabbath observance. Amalya Knapp, a second grader at Yeshiva of North Jersey was, for religious reasons, unable to compete in the Saturday afternoon events.  She will compete in four events today, but her scores will not count toward any individual titles or rankings for her. If her scores are high enough they will be added to her team's overall score and could help the team win. Leslie King, a spokeswoman for USA Gymnastics nationally, said that events are scheduled at the most convenient times for athletes. She explained: "We certainly understand how these conflicts can affect an athlete's participation and do our best to provide alternate opportunities, when possible." [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

6th Circuit En Banc Finds Teachers Have Municipal Taxpayer Standing In Establishment Clause Suit

In Smith v. Jefferson County Board of School Commissioners, (6th Cir., Feb. 11, 2011), the U.S. 6th Circuit Court of Appeals, en banc, in an 11-4 opinion, held that two plaintiff school teachers have standing as municipal taxpayers to bring an Establishment Clause challenge to the closing of the a Tennessee school district's alternative school and its outsourcing the services instead to a Christian private school. Most of the court's opinion focused on the more liberal standing requirements that courts have found for municipal taxpayers, as opposed to state and federal taxpayers. The majority rejected the argument that because the school district saved money by the outsourcing that taxpayers could not complain. The court also found that the individual teachers who lost their jobs because of the outsourcing did not have standing because in that capacity they were raising Establishment Clause claims of their students which the students could raise on their own.  The court unanimously agreed on this aspect of the standing question, as they did that plaintiffs' substantive and procedural due process challenges should be dismissed. Fourteen of the judges agreed that defendants enjoyed legislative immunity as to the individual capacity claims against them. The case produced two concurring opinions and two partial dissents in addition to the main opinion.

Judge Sutton's concurring opinion questioned the validity of having more liberal standing requirements for municipal taxpayers, but concluded that any modification in the doctrine needed to come from the Supreme Court.  He argued:

If a state taxpayer ... is not "immediately in danger of sustaining some direct injury as a result" of enforcement of an allegedly unconstitutional law and "merely . . . suffers in some indefinite way in common with people generally,"...why isn't the same true for a meaningful number of city taxpayers? The gross population of the largest 37 cities (41.7 million) after all is roughly the same as the gross population of the 23 smallest States.

The 3-judge panel's decision in the case, handed down in November 2008, had held 2-1 that plaintiffs had individual standing as well as municipal taxpayer standing. (See prior posting.)

9th Circuit Hears Oral Arguments In Establishment Clause Challenge To Teacher's Comments

The U.S. 9th Circuit Court of appeals yesterday heard oral arguments (recording of full arguments) in in C.F. v. Capistrano Unified High School. In the case, the district court found that an in-class comment by high school history teacher James Corbett which characterized creationism as "superstitious nonsense" violated the Establishment Clause. However the trial court refused to find similarly as to a number of other comments. (See prior posting.)  As to the one violation, the trial court denied plaintiff any relief finding the teacher was entitled to qualified immunity as to damages and finding that injunctive and declaratory relief were inappropriate. (See prior posting.) Both sides appealed. (See prior posting.) Yesterday's Orange County Register reports on the variety of questions asked by the 3-judge panel during oral arguments.

Court Says Synagogue Needs Zoning Variance To Operate A Yeshiva

In Congregation Anshei Roosevelt v. Planning and Zoning Board of the Borough of Roosevelt, (NJ App., Feb. 9, 2011), the New Jersey Superior Court Appellate Division upheld a town's planning and zoning board decision to require a synagogue to apply for a variance in order to operate a yeshiva (school) in its building. The synagogue was operating as a pre-existing non-conforming use. The court found that the yeshiva was more than a mere accessory use of the building. The use of the property became "distinctly different."

Tennessee Bill Would Bar Local Protection Against Sexual Orientation Discrimination in Employment

On Monday, state representative Glen Casada introduced HB 331 in the Tennessee legislature. The bill would bar localities from enacting employment discrimination ordinances that go further than state law.  Titled the Equal Access to Local Government Contracts and Services Act, the law would effectively preclude cities from barring discrimination on the basis of sexual orientation. Nashville's City Paper reports that the bill is directed at a proposal in Nashville that would bar sexual orientation discrimination by companies that do business with the Metro Nashville government.

USCIRF Urged To Support Iranian Baha'is

CNN reports that on Wednesday, a group of American Baha'is met with the U.S. Commission on International Religious Freedom to urge that the U.S. keep up pressure on the Iranian government over persecution of Baha'is in Iran. Baha'is have long been persecuted in Iran.  One of those testifying before USCIRF, Iraj Kamalabadi, told the story of his sister who was convicted and imprisoned on trumped-up espionage charges.

Hawaii House Will Continue Prayers, Despite Senate's Opposite Move

Last month, responding to a complaint by the ACLU, the Hawaii state Senate voted to end the practice of opening its sessions with prayer. (See prior posting.) The state House of Representatives, however, will not follow the Senate's lead. AP reports that on Wednesday the Hawaii House adopted new rules that provide for prayer to precede the formal opening of each House session. Prayers can continue to mention God or a deity, but they may not disparage any religion. [Thanks to Alliance Alert for the lead.]

Swedish Ombudsman Sues UPS For Refusing To Accommodate Muslim Employee's Wearing of Beard

The Local reported yesterday that Sweden's Equality Ombudsman has filed a lawsuit against United Parcel Service charging the company with discrimination for discharging a Muslim employee who insisted on wearing a beard. UPS refused to make an exception for religious beliefs. The suit, brought in Sweden's Labor Court, seeks 150,0000 kroner ($24,000 US) in damages plus additional amounts for lost wages.

Muslim Brotherhood Leader Outlines Its Goals In Egypt

In today's New York Times, Essam El-Errian, a member of the guidance council of Egypt's Muslim Brotherhood, has published an op-ed outlining the goals of the Muslim Brotherhood. He says in  part:

We aim to achieve reform and rights for all: not just for the Muslim Brotherhood, not just for Muslims, but for all Egyptians. We do not intend to take a dominant role in the forthcoming political transition. We are not putting forward a candidate for the presidential elections scheduled for September....

[W]e disagree with the claims that the only options in Egypt are a purely secular, liberal democracy or an authoritarian theocracy. Secular liberal democracy of the American and European variety, with its firm rejection of religion in public life, is not the exclusive model for a legitimate democracy.

In Egypt, religion continues to be an important part of our culture and heritage. Moving forward, we envision the establishment of a democratic, civil state that draws on universal measures of freedom and justice, which are central Islamic values. We embrace democracy not as a foreign concept that must be reconciled with tradition, but as a set of principles and objectives that are inherently compatible with and reinforce Islamic tenets.

Pakistani Court Issues Arrest Warrant for Former Religious Affairs Minister Over Haj Scam

In Pakistan, a judicial magistrate's court in Islamabad today issued an arrest warrant for former religious affairs minister Hamid Saeed Kazmi. Zee News reports that the order was requested by the Federal Investigation Agency that is looking into charges that Kazmi took kickbacks and commissions in arranging accommodations for Haj pilgrims last year.  Some of the accommodations were located far from the Haj site.  Saudi authorities initially discovered the fraud and notified the Pakistan's Chief Justice. (See prior posting.) The Saudis have paid compensation to 25,000 Pakistani pilgrims.

Quebec's National Assembly Approves Ban On Kirpans In Parliament Building

In Canada, Quebec's National Assembly yesterday unanimously approved a motion supporting security officials' decision last month (see prior posting) to deny entry to Parlilament Building to a group of Sikhs who were wearing their kirpans (ceremonial daggers). Four members of the World Sikh Organization who had been scheduled to testify on a Bill 94 relating to accommodation of religious practices were denied entry when metal detectors revealed their kirpans. CTV Montreal reports that yesterday's National Assembly vote was influenced by memories of 1984 shootings in the National Assembly that killed three people. The World Sikh Organization says the issue is not security, but rather the place of tolerance and multiculturalism in Quebec. Parti Québécois member Louise Beaudoin responded: "Multiculturalism may be a Canadian value, but it's not a Quebec one."

Pagan Group Continues Battle For Tax Exemption For Property

Today's New York Times reports on the long legal battle in which a pagan religious group in the Catskill Mountains is seeking a tax exemption for its Phrygianum (religious convent). At issue is a former inn (Central House) that was the fictional home of Rip Van Winkle. It has been turned into the global headquarters and convent house for Maetreum of Cybele, Magna Mater. The group's leader describes the group as goddess oriented and gay and lesbian friendly. She says: "We're witchy. We're set up for communal living for priestesses." The tax dispute is not over whether the group is religious, but over whether the use of the house is directly connected to its religious purpose. The town argues that its use is primarily residential and only secondarily religious.

Title VII Claim By Seventh Day Adventist Against Police Department Rejected

In Morgan v. City and County of Denver, 2011 U.S. Dist. LEXIS 11918 (D CO, Feb. 7, 2011), a Colorado federal district court approved a magistrate's recommendations (2010 U.S. Dist. LEXIS 141090, Dec. 29, 2010) and dismissed a Title VII religious discrimination claim brought by a Seventh Day Adventist against the Denver Police Department Records Bureau. Plaintiff was terminated for refusing to work on Saturdays. The court concluded that plaintiff's employer had offered him reasonable accommodation-- trading shifts with a co-worker and voting for Saturdays off based on his seniority. He was also offered the opportunity to look for a comparable position in another agency that would not require Saturday work.  Plaintiff sought a permanent exemption from Saturday work. The court also rejected plaintiff's retaliation claim.

Suit Against Air Force Academy Prayer Luncheon Is Dismissed

Making oral findings of fact and conclusions of law, a Colorado federal district court yesterday dismissed a suit that sought to enjoin a National Prayer Luncheon at the U.S. Air Force Academy scheduled for Feb. 10. The suit claimed that the luncheon violates the Establishment Clause.  (See prior posting.)  The court, according to AP, concluded that the named plaintiffs, associate professor of economics David Mullin and the Military Religious Freedom Foundation, had not demonstrated that they faced a real and imminent prospect of retribution. A written order in, Mullin v. Gould, (D CO, Feb. 9, 2011) incorporated the oral findings by reference. After the decision was handed down, chaplain Dwayne Peoples told reporters that he would emphasize at the Luncheon that the sponsor is Community Center Chapel, not the Academy.

1st Circuit: Puerto Rico's Controlled Access Law As Applied Unreasonably Burdens Jehovah's Witnesses

In Watchtower Bible and Tract Society of New York, Inc. v. Segardia de Jesus, (1st Cir., Feb. 7, 2011), the U.S. 1st Circuit Court of Appeals dismissed a facial challenge brought by the Jehovah's Witnesses to Puerto Rico's Controlled Access Law, but vacated the trial court's order denying injunctive and declaratory relief on an "as applied" challenge to the law. (See prior posting.)  The challenged statute -- a crime control measure-- authorizes municipalities to grant permits to neighborhood homeowners' associations (urbanizations) so they can control vehicular and pedestrian access to the neighborhood.  The Jehovah's Witnesses say this has prevented them from entering neighborhoods to engage in religious proselytizing. The Court of Appeals said:

Nothing in the statute endorses the principal inhibitions of which appellants complain. The statute says nothing of unmanned locked gates or buzzers controlled solely by residents, nor does it empower guards to deny access unless a resident approves....  [T]he regime as administered does bear unreasonably on Jehovah's Witnesses' access to public streets....

 [T]he case before us is novel and difficult. But Puerto Rico's crime problems are unusually serious and its legislature's solution, albeit an experiment, was democratically adopted and is far from irrational. A court's task is to assure breathing room for legitimate communicative activity. Although we reject the facial challenge to the statute, the precedents on access to public places require fine tuning of the statute's local administration and, for that, further proceedings are required.

On remand the district court needs to take prompt action to bring the municipalities and urbanizations into compliance with this decision. In the case of urbanizations that already provide regularly manned guard gates, they must provide entry to Jehovah's Witnesses who disclose their purpose and identity .... 

Where an urbanization currently provides access only through a locked gate or a buzzer operated solely by residents, adjustment may take longer. Those prepared to provide guards during daylight hours need a brief period to hire and to train them. And any urbanization that seeks to justify more limited access arrangements ... or an exemption because of small size needs a chance to propose and defend such a request.

[Thanks to Alliance Alert for the lead.]

Israeli Civil Court Grants Damages To Wife Whose Husband Refused To Grant Her A Religious Divorce

The Jerusalem Post reported last week that, for the first time, an appellate court in Israel has ruled that a Jewish woman who has been refused a religious divorce (get) by her husband may recover damages in civil court. The decision by the Tel Aviv district court was handed down in a case brought by a woman whose husband has refused for 16 years to give her a religious divorce document.  The woman married the man when she was 24 years old and sought a divorce three months after their marriage. The district court affirmed a family court's award of damages totaling NIS 700,000 ($191,500 US).  Unless appealed to the Supreme Court, the district court's decision is binding on all family courts in Israel.

Court Dismisses Establishment Clause Challenge To Grant for Bald Knob Cross

In Sherman v. State of Illinois, (CD IL, Feb. 8, 2011), an Illinois federal district court adopted a magistrate's report and recommendations (see prior posting) and dismissed a suit by activist Robert Sherman that challenged on Establishment Clause grounds a $20,000 state renovation grant for Bald Knob Cross. The 11-story tall Cross is a landmark in southern Illinois. The magistrate had concluded that plaintiff lacks standing under the Flast case because the renovation grant was not the result of a specific legislative appropriation. Instead it was a grant made by the executive branch. The court also agreed with the magistrate that plaintiff's claim became moot once the state had disbursed the grant money. Yesterday the Chicago Tribune reported on the court's action.

Obama Resubmits Nomination for International Religious Freedom Ambassador

Last June, President Obama nominated Dr. Suzan D. Johnson Cook as Ambassador-at-Large for International Religious Freedom (See prior posting.) The Senate Foreign Relations Committee held hearings on her nomination (see prior posting), but the full Senate never voted on it.  On Monday the White House announced that President Obama has resubmitted her nomination to the Senate now that the 112th Congress has begun its session. As reported by the Christian Post yesterday, religious freedom activists have been pressing Obama to quickly fill the position, saying that not doing so sends the wrong message to foreign governments.

India's Relations With Tibetan Lama Have Become Tense

Today's New York Times carries a front-page article on the government of India's complicated  relations with Ogyen Trinley Dorje, the third ranking lama of Tibetan Buddhism. Known as the 17th Karmapa, Ogyen Trinley Dorje arrived in India in 2000 at the age of 14, recounting a daring escape from Tibet. Indian intelligence sources and many members of the public have been suspicious of him however, fearing he is being used by China with whom Indian relations have become more tense. Currently confined to a mountain side Gyuoto monastery near Dharamsala, the 17th Karmapa is attempting to claim the Rumtek Monastery built by his predecessor near the Indian border in Sikkim.  However two rivals for the title of the 17th Karmapa are also claiming the site. Given the uncertainty of his legal claims, Ogyen Trinley Dorje is also attempting to purchase other land for a new monastery. However now Indian police are investigating after nearly $1 million in foreign currency, including $166,000 in Chinese currency, was found at the Karmapa's residence. His lawyers say the money represents offerings from followers who have made pilgrimages over the years. They say it is being stored in a dormitory room shared by monks because the Karmapa is awaiting action on an application filed with the government several years ago to permit him to accept foreign currency. For the past week, thousands of monks have been holding candlelight vigils to support the Karmapa.

ACLU Settles With Some of the Parties In Suit Challenging Minnesota Charter School

The ACLU of Minnesota has reached a settlement agreement with Islamic Relief USA and Minnesota's commissioner of education in a long-running lawsuit accusing a charter school, TiZA, of violating the establishment clause by promoting Islam. (See prior posting.) The Minneapolis Star Tribune yesterday reported that the settlement involves Islamic Relief paying the ACLU $267,500, and the state increasing its screening of charter schools to assure that they do not promote religion. Islamic Relief has also agreed that it will not reincorporate in Minnesota, a step that would be needed under new Minnesota provisions if it were to continue to serve as TiZA's authorizer.  Islamic Relief has also obtained the cooperation of two witnesses who will testify if the suit continues against TiZA (Tarek Ibn Ziyad Academy) itself. The parties to the settlement have compiled a list of undisputed facts in the case, and the ACLU is asking the court to unseal underlying documents supporting those facts. A motion for confirmation of the settlement agreements was filed in federal district court on Jan. 31 indicating that settlement with the state is conditioned on the agreement and its attachments being made public.