British Tribunal Rules Anti-Hunting Beliefs Protected Under Employment Discrimination Regulations

Britain's  Employment Equality (Religion or Belief) Regulations 2003 (Sec. 2) include "philosophical belief" in the definition of religion or belief. Yesterday's London Telegraph reports that an employment tribunal judge has ruled that the anti-hunting view of activist Joe Hashman are protected under the law's employment discrimination prohibitions.  Hashman secretly filmed celebrity chef Clarissa Dickson Wright attending an illegal rabbit hunting event. He was fired by the owners of the garden center at which he worked. The owners are hunting fans.  Hashman sued and an employment tribunal judge ruled that Hashman's deeply held beliefs about the environment, animal rights, veganism and opposition to hunting are protected as under the religion or belief regulations. Hashman's employers claim he was fired for other reasons. (See prior related posting.)

Kentucky Appeals Court Upholds Billboard Limits Applied To Religious Messages

In Harston v. Commonwealth of Kentucky, (KY App., March 4, 2011), the Kentucky Court of Appeals upheld the application of the permit requirements of Kentucky's Billboard Advertising Act to several billboards carrying religious messages that were placed within 660 feet of an Interstate highway. The court rejected the argument that the signs come under the statute's exception for advertising of on-premise activities.  Petitioners contended that the exception applies "because the signs promote Christianity which is occurring on the family farms where the signs are located." The court also rejected petitioners' challenge under the Religious Land Use and Institutionalized Persons Act, finding that the Act promotes a compelling governmental interest using the least restrictive means. (See prior related posting.)

EEOC Sues Over Failure To Accommodate Sabbath Observance of Job Applicant

The EEOC announced last week that it has filed a Title VII employment discrimination suit against Convergys Corp. ewhich refused to hire a member of the Hebrew Israelite faith who was unable to work on his Sabbath.  The EEOC says the company should be able to accommodate applicant Shannon Fantroy's request not to work from sunup to sundown on Saturday since he would be woking at a large call center. An EEOC regional attorney said: "Refusing to hire a person in this situation without even discussing a possible accommodation for his religion is unlawful discrimination."

Suit Charges University of California With Tolerating Dangerous Anti-Semitic Climate

Today's Daily Californian reports on a lawsuit filed in a California federal district court by a UC Berkeley graduate against Berkeley and the University system over a series of anti-Semitic incidents.  The lawsuit was filed by Jessica Felber who was co-president of Tikvah, the campus Zionist group. The suit says she was assaulted last year by Husam Zakharia, a Berkeley alumnus who was a member of Students for Justice in Palestine.  Zakharia was arrested but never charged in the incident. Felber's complaint says that a number of incidents over the past ten years have led to a dangerous anti-Semitic climate on UC campuses and that the UC system has failed to adopt policies to address the problem.  UC says the charges are unfounded while Students for Justice in Palestine (SJP) call the suit an assault on free speech. The suit comes as SJP begins its "Israel Apartheid Week" on campus.

UPDATE: Here is the First Amended Complaint in the case, filed May 19, 2011.

Students Protest Removal of 10 Commandments From Schools

In response to the decision taken last month by the Giles County, Virginia school board to remove copies of the Ten Commandments that had hung in the county's schools for many years (see prior posting), 200 high school students staged a protest.  WDBJ News reports that yesterday the students marched out of Giles High School where they were met by parents and community leaders. Together the group prayed for a return of the Ten Commandment displays. One students said: "This is America and we can have our Ten Commandments and if they don't like it, they can get out." Another protested: "It's our choice to have the Ten Commandments. It's not the law's choice or anything, it's not the state’s choice or anything. It’s Giles County’s choice. It’s the kid’s choice." Freedom from Religion Foundation which had originally complained about the displays responded: "It is not only unconstitutional to post one religion's edicts on the walls of public schools, but it is bad manners."

Cert. Denied In Challenge To "In God We Trust" Motto

The U.S. Supreme Court yesterday denied review in Newdow v. Lefevre, (Docket No. 10-893, cert. denied 3/7/2011). (Order List.) In the case, the 9th Circuit rejected an Establishment Clause challenge to the inscription of "In God We Trust" on U.S. coins and currency. It also rejected rejected on standing grounds plaintiff Michael Newdow's broader claim that the mere adoption of "In God We Trust" as the national motto was unconstitutional. (See prior posting.) The San Francisco Chronicle, reporting on the Supreme Court's action, quoted plaintiff Michael Newdow who said he would now refile the suit elsewhere.

Supreme Court Denies Review In Student Organization Funding Case

The U.S. Supreme Court today denied certiorari in Walsh v. Badger Catholic, Inc., (Docket No. 10-731, cert. denied 3/7/2011). (Order List). In the case, the 7th Circuit in a 2-1 decision invalidated a University of Wisconsin policy that withheld student activity fee funding for worship, proselytizing or religious instruction by recognized student groups. (See prior posting.)

In a related development, last month Indiana University changed its policy that denied Student Association funding for religiously based student groups. The Indiana Daily Student last week reported that the change in policy came in connection with an application by Impact Movement for funds for its members to attend a national conference which would involve religious proselytizing and sectarian activities.

Montana Supreme Court Stays Order Requiring Surgery Over Woman's Religious Objections

The Montana Supreme Court last week ordered a stay and expedited appeal of a trial court's order that a woman with cancer undergo surgery despite her religious objections. In Office of State Public Defender on Behalf of L.K. v. Montana Fourth Judicial District Court, (MT Sup. Ct., March 2, 2011), the Supreme Court explained:

During a hearing conducted on March 1, 2011, the District Court determined that L.K. is not competent to make her own medical decisions and directed that she undergo a radical hysterectomy on March 3, 2011, against her desires. L.K. objects to the surgery on religious grounds, and expert testimony admitted at the hearing indicated that her religious objections are delusional.

Reporting on the case today, the Helena Independent Record says that at trial a doctor and a psychiatrist testified that L.K. believed that God had cured her.  Doctors say the woman's cancer could kill her within three years. L.K. testified however that she understands she had been diagnosed with cancer and understands the risks of death if she does not have the surgery. The appeal will argue that the trial court's order violates L.K.'s constitutionally protected rights of personal autonomy and religious freedom.

White House Advisor Reassures US Muslims In Advance of Congressional Hearing on Radicalization

In advance of Thursday's scheduled hearings by the House Homeland Security Committee chairman Pete King (R-NY) on radicalization of American Muslims (see prior posting), the White House is seeking to reassure Muslims.  The New York Times reports that Dennis McDonough, White House deputy national security adviser, yesterday delivered an important speech at the All Dulles Area Muslim Society (the Adams Center) in Sterling, Virginia. McDonough spoke out against stigmatizing an entire community because of the actions of a few and said: "In the United States, we don't practice guilt by association." He told the audience: "When it comes to preventing violent extremism and terrorism in the United States, Muslim Americans are not part of the problem, you’re part of the solution." While angry about the hearings, leaders of mainstream mosques plan to participate to testify about their cooperation with law enforcement officials. Minnesota Rep. Kieth Ellison, the only Muslim in Congress, said he would testify even though he thinks it wrong for Congress to investigate a particular religious group.

Recent Articles Of Interest

From SSRN:

• Rafael Palomino, Legal Dimensions of Secularism: Challenges and Problems, (17th Annual International Law and Religion Symposium, (Brigham Young University, Provo, Utah, October 3-5, 2010).
• Adam Farra, Theories of Discrimination and Gay Marriage, (Maryland Law Review Endnotes, Vol. 69, p. 1, 2010).
• Amin George Forji , Just Laws Versus Unjust Laws: Asserting the Morality of Civil Disobedience, (Journal of Politics and Law, Vol. 3, No. 2, pp. 156-170, 2010).
• Ihasan Yilmaz, Radical Muslim Politics from Comparative Perspective: Theological Deprivation as the Major Source of Hizb Ut-Tahrir’s Influence, (Uluslararası Hukuk ve Politika Cilt 6, Sayı: 23 ss. 99-117, 2010).
• Mohammad Omar Farooq, Islam and Democracy: Perceptions and Misperceptions, (February 28, 2011).

From Bepress:

• Whiting, Amanda J. Whiting, Secularism, the Islamic State and the Malaysian Legal Profession, (Asian Journal of Comparative Law: Vol. 5 : Iss. 1, Article 10, 2010).

Recent Prisoner Free Exercise Cases

In Brown v. Secretary, Department of Corrections, 2011 U.S. Dist. LEXIS 19207 (MD FL, Feb. 25, 2011), a Florida federal district court rejected an inmate's free exercise and equal protection challenges to the failure to provide services for Nation of Islam inmates separate from Muslim services.

In Paliotta v. Brooks, 2011 U.S. Dist. LEXIS 19381 (D NV., Feb. 25, 2011), a Nevada federal district court adopted a magistrate's recommendation (2011 U.S. Dist. LEXIS 18943, Feb. 3, 2011) and dismissed on claim preclusion grounds an inmate's complaint that those housed in administrative segregation do not have equal access to religious services and religious property.

In Robinson v. Delgado, 2011 U.S. Dist. LEXIS 21218 (ND CA, Feb. 17, 2011), a California federal magistrate judge ordered the award of $220,791 in attorneys' fees and $47,482 in costs in a case in which an inmate who had become a member of the House of Yahweh Yadhaim obtained an injunction ordering prison authorities to permit him to participate in the prison's Jewish kosher meal program-- even though he is not Jewish.  The kosher meals satisfied plaintiff's religious dietary requirements.

2011 White House Easter Egg Roll Set

The White House announced Friday that this year's White House Easter Egg Roll will be held on April 25.  The theme will be "Get Up and Go!"  Activities will encourage children to lead a healthy and active life style. Tickets will be distributed through an online lottery system to children 12 and under and their families. According to Recreation.gov:

Originally young children in Washington, D.C. would flock to Capitol Hill every Monday after Easter for egg rolling and a day of activities. Members of Congress grew tired of the growing crowds and passed an Act of Congress which prohibited egg rolling on the Capitol grounds. The event was moved to the White House in 1878 after President Hayes was approached by young children to use his backyard to roll eggs. Nearly every Easter since, the White House has invited young children to roll eggs on the White House lawn. Today, the Easter Egg Roll is the largest public event held at the White House.

Church Dispute Dismissed To Keep Court Out of Deciding Church Doctrine and Governance

In Retta v. Mekonnen, (TX App., March 3, 2011), the Texas Court of Appeals dissolved a temporary injunction that had been issued by a Dallas trial court. The appeals court concluded that the trial court lacked jurisdiction to issue the injunction because the dispute requires the determination of religious doctrine and church governance. At issue was an amendment to the bylaws of the Ethiopian Orthodox Tewahedo Debre Meheret St. Michael's Church in Dallas adopted by its trustees providing that a $30 per month contribution was required to retain membership.  Individuals who were disqualified from membership under the new bylaw sued claiming that the trustees who adopted the new bylaw had not been properly elected.  At plaintiff's request, the trial court had issued an injunction ordering church trustees (1) not to prohibit anyone from entering the church and peaceably participating in worship services; (2) not to forcibly remove anyone from services without first asking them to leave; (3) to limit those asked to leave to anyone causing an actual disruption of services; and (4) to preserve church records, documents and recordings.

UPDATE: A similar result was reached in a case involving the same defendants, but different plaintiffs, asserting similar claims. Fesseha v. Ethiopian Orthodox Tewahedo Dere Neheret St. Michael's Church in Dallas, (TX App., July 12, 2011).

Speaker Moves To Have House of Representatives Defend DOMA In Court

House Speaker John Boehner announced Friday that he was taking steps to have the House of Representatives intervene to defend the Defense of Marriage Act now that the President and the Attorney General have said that the Administration will not defend its constitutionality in court. (See prior posting.)  Boehner said he will convene the 5-member Bipartisan Legal Advisory Group which has the authority to instruct the House General Counsel to take legal action on behalf of the House. The New York Times yesterday reported on Boehner's action.

Clergy Group Supports Proposed Colorado Civil Unions Bill

With the first hearings set for Monday in the Colorado Senate on Senate Bill 172 that would permit same-sex civil unions, a group of 130 clergy have announced their support for the bill. A KWGN News report yesterday quotes Rabbi Joe Black, one of three leaders from different faiths representing the bill's supporters, who said:

You're going to be hearing opposition to this bill from faith communities. And we just wanted you to know that that's not the only voice that is out there.... For too long the loudest voice from the religious community in regard to GLBT community has been that of condemenation and denunciation -- and that needs to change.

United Methodist Rev. Kerry Greenhill echoed those sentiments, saying: "God loves all people equally as children of God. It is not a sin to be GLBT." The bill, while permitting civil unions, provides that no member of the clergy is required to certify a civil union in violation of their free exercise of religion and no child placement agency is required to place a child for adoption with a couple that has entered a civil union.

Indonesian Provinces Place New Restrictions on Ahmadiyah

In Indonesia, the governor of the province of West Java yesterday issued a gubernatorial regulation (No. 12 of 2011) banning all public activities by the 17,000 members of the Ahmadiyah sect in the province.  Today's Jakarta Globe reports that the action is seen as implementing an Indonesian 2008 joint ministerial decree that bars the Ahmadiyah from spreading their faith. (See prior posting.) The West Java regulation prohibits the Amidaiyah from spreading their beliefs orally, in writing or through electronic media. It requires that all signs identifying mosques, schools or other facilities as Ahmadiyah be taken down. Ahmadiyah mosques are declared as mosques open to all Muslims and religious authorities will organize Muslim events at the mosques. However the regulation also prohibits individuals outside the Ahmadiyah community from carrying out unlawful action against them, hoping to prevent violence against Ahmadiyah which has occurred in the past.  Instead the public is supposed to report any violations of the new regulation to authorities. East Java issued a similar regulation earlier this week and, according to the Jakarta Post, South Sulawesi issued a similar decree yesterday. Many Muslims consider the Ahmadiyah heretical because they do not believe that Muhammad was the last prophet.

Military Backs Off Equal Support For Non-Religious Rock Concert

Last September, the U.S. Army base at Ft. Bragg (NC) hosted the controversial "Rock the Fort" concert sponsored by the Billy Graham Evangelistic Association.  Groups such as Americans United complained that the concert was designed to proselytize soldiers and community members. (See prior posting.) In response to complaints, military authorities said they would give a comparable level of support to concerts sponsored by non-Christian groups. So secularists planned a "Rock Beyond Belief" concert that would feature noted British atheist Richard Dawkins as a keynoter and would include remarks from Mikey Weinstein of the Military Religious Freedom Foundation. However, according to a report yesterday from AP, concert organizers (who include Sgt. Justin Griffith) have now called off their plans because the Army is not giving them the same level of support as it did to last year's Christian event. Authorities are requiring that the concert take place at one of two indoor theaters rather than allowing a large outdoor event with games and activities. Also the base refuses to cover any of the expenses of the concert, even though it spent $54,000 toward the cost of Rock the Fort. Finally authorities said any concert ads would be required to carry a disclaimer indicating that Ft. Bragg was not endorsing th event, even though it did endorse Rock the Fort. MMRF's Weinstein said his group plans to file suit over Ft. Bragg's actions.

UPDATE: God and Country blog carries a posting giving the Army's side of the story on the issue.

Fired Prison Chaplain Settles Her Claim Against Minnesota

Yesterday's Minneapolis Star Tribune reports on a settlement that has been reached in a lawsuit filed by a former Minnesota prison chaplain who says she was fired for speaking out against the state's use of the InnerChange Freedom Initiative program which she believed would violate the Establishment Clause by promoting evangelical Christianity. (See prior posting.) State prison officials deny that this was their reason for firing Presbyterian minister Kristine Holmgren. They say it was because of a change in the classification of her job.  Under the settlement, Holmgren will receive $227,500.  However the controversial InnerChange program continues to operate in two Minnesota prisons.

Designer Galliano To Be Charged By French Prosecutors Over Anti-Semitic Statements

Fashion designer John Galliano, fired by Christian Dior for making anti-Semitic remarks during an argument at a Paris bar (background), will be placed on trial by French authorities on charges of inciting racial hatred. Yesterday's New York Times reports that the trial which will take place between April and June could lead to $31,000 (US) in fines and up to six months in prison. Through his London Lawyer's office yesterday, Galliano apologized for his remarks. He has left France to enter an alcohol rehabilitation program. Meanwhile, according to the Huffington Post last week, Galliano has filed a defamation action against the couple accusing him of making the anti-Semitic remarks.

New York City Passes Law Requiring Disclosures By Crisis Pregnancy Centers

The New York Times reports that yesterday New York City Council passed Int. No. 371 which requires crisis pregnancy centers that do not provide abortion or contraceptive services to disclose these facts (in Spanish and English) on a sign in their waiting room, on their website and in any ads. They must also disclose on a waiting room sign that licensed medical providers are not available, where that is the case. The bill passed council by a vote of 39- 9 with one abstention, and a spokesperson for Mayor Michael Bloomberg says the mayor will sign the bill.  Opponents of the bill say it is an unconstitutional regulation of speech. A federal district court in Maryland recently struck down a similar Baltimore ordinance, finding that it is a viewpoint based regulation. (See prior posting.)  The director of the New York Civil Liberties Union, however, defended the New York City bill as one directed at preventing deceiving women into thinking they have been to a doctor when employees who offer ultrasound exams are dressed in medical scrubs. [Thanks to Scott Mange for the lead.]