Recent Prisoner Free Exercise Cases

In Sayed v. Profitt, (10th Cir., March 18, 2011), the 10th Circuit rejected the contentions of a Muslim prisoner that he was entitled to a complete shower before the Jum'ah service. Contrary to the inmate's contention, the court found he could perform partial ablution at the sink in his cell and thereby comply with Muslim beliefs.

In LaPine v. Caruso, 2011 U.S. Dist. LEXIS 27987 (WD MI, March 18, 2011), a Michigan federal district court allowed an inmate to proceed against two defendants on his equal protection claim that alleges defendants limited Native American services to 3-5 minutes and did not permit the Prisoner Benefit Fund to be spent on herbs for Native American religious ceremonies.

In Bowers v. Burnett, 2011 U.S. Dist. LEXIS 27929 (WD MI, March 18, 2011), a Michigan federal district court adopted a magistrate's conclusion (2009 U.S. Dist. LEXIS 130756, July 27, 2009) that rejected a Buddhist inmate's claims growing out of the denial to him of a vegan diet. The court held: "Plaintiff's claims for declaratory and injunctive relief are moot. Plaintiff's claims against Defendants in their official capacity are barred by the Eleventh Amendment. The RLUIPA does not authorize Plaintiff's claims against Defendants in their individual capacities. Alternatively, Defendants are entitled to qualified immunity on all of Plaintiff's claims against them in their individual capacities."

In Smittle v. Nevada Department of Corrections, 2011 U.S. Dist. LEXIS 28520 (D NV, March 8, 2011), a Nevada federal district court rejected without prejudice defendants' motion to dismiss for lack of exhaustion a Native American inmate's complaint regarding relocation of the prison's sweat lodge.

In Spencer v. Whorton, 2011 U.S. Dist. LEXIS 28922 (D NV, March 7, 2011), a Nevada federal district court largely accepted the recommendation of a magistrate (2010 U.S. Dist. LEXIS 142160, Nov. 18, 2010) and dismissed, partly on mootness grounds, an inmate's complaints regarding interference with Asatru/Odinist religious practices.

In Mueller v. Jabe, 2011 U.S. Dist. LEXIS 28891 (WD VA, March 18, 2011), a Virginia federal district court concluded that a former inmate's rights under the 1st and 14th Amendments and RLUIPA were not violated when the Department of Corrections failed to permit him to observe Catholic Holy Days of Obligation b y refraining from work.

In Colliton v. Gonzalez, 2011 U.S. Dist. LEXIS 29954 (SD NY, March 23, 2011), a New York federal district court denied an inmate's motion for reconsideration of his claim that his rights were violated when he was prevented from attending Catholic Mass while housed in the close custody housing unit at Rikers Island.

In Jones v. Oconee County Jail, 2011 U.S. Dist. LEXIS 29365 (MD GA, March 22, 2011), a Georgia federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 29387, Jan. 25, 2011) and permitted an inmate to move ahead with his claim that jail authorities permitted Christian worship services but not Islamic ones, and that he was denied kosher meals that conform to his religious needs as a Muslim.

In Rivera v. Hartley, 2011 U.S. Dist. LEXIS 30005 (ED CA, March 22, 2011), a California federal magistrate judge recommend rejection of an inmate's Establishment Clause challenge to a finding that he was not suitable for parole. Plaintiff claimed the denial stemmed from his refusal to attend religion-based AA or NA programs. However the court concluded that the parole decision was based on his non-participation in any self-help programs concerning anger management or substance abuse.

In Hill v. Sisto, 2011 U.S. Dist. LEXIS 29415 (CD CA, March 223, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 29424, Jan. 26, 2011), concluding that an inmate's claim that his rights under the Establishment Clause were violated in his parole hearing is not an issue that a federal court can consider in a habeas corpus proceeding. Plaintiff claimed his rights were violated when he was required to participate in a religion-based AA or NA program without some evidence of drug or alcohol use in prison.

Muslims Claim Bad Treatment At U.S. Border Upon Entry From Canada

The Michigan Chapter of the Council on American Islamic Relations this week said that it is receiving dozens of complaints about inappropriate questions and treatment of Muslims crossing into the United States from Canada through border check points in Detroit and Port Huron, Michigan. Yesterday's Detroit News says the complaints range from those of a dozen Somali women who say they were searched in invasive and humiliating ways, to that of an Imam who was handcuffed, searched and questioned for over three hours at Detroit Metropolitan Airport. Muslims say they are often questioned by border guards about their religious practices.

Army Training Its Chaplains For Repeal of "Don't Ask, Don't Tell"

CNN reported yesterday that the Army Chaplain Corps for the last month has been training its 2900 members on what repeal of the "Don't Ask, Don't Tell" policy will mean for chaplains.Chaplains who are unable to reconcile themselves to the policy will be allowed to apply for a voluntary separation from the military. So far, no religious group that endorses chaplains has said that it will withdraw its endorsements to prevent their chaplains from serving. Indeed, so far no individual chaplain has asked for a voluntary separation. A chaplain corps spokesman said: "There's no change for the chaplain corps. We'll continue representing our endorsing groups and balance that with our role as officers and soldiers serving all."

Northwestern States Jesuit Order Reaches $166M Settlement Of Sexual Abuse Claims

The largest settlement ever in a clergy sexual abuse case has been reached between the Oregon Province of the Society of Jesus and 470 victims, most of whom were abused at Native American mission schools by Jesuit priests from the 1940's to the 1990's. CNN reported yesterday that the Province (comprised of Jesuits in five Western states), which is now in bankruptcy (see prior posting), has settled the claims for $166.1 million. Of that, $118 million will be paid by the Province's insurers. In 2007, before filing for bankruptcy, the religious order agreed to pay $50 million to to dozens of Alaska Natives who claimed sexual abuse by Jesuit priests over a 30-year period. (See prior posting.)

Federal Court Refuses To Dismiss Challenge To Zoning Denial For Bible Camp

in Eagle Cove Camp and Conference Center, Inc. v. Town of Woodboro, Wisconsin, (WD WI, March 24, 2011), a Wisconsin federal district court rejected ripeness and jurisdictional defenses put forward by a Wisconsin town in a challenge to its denial of zoning approval for a year-round Bible camp. Plaintiffs claimed the denial violated RLUIPA, the 14th Amendment's equal protection clause, the 1st Amendment's free exercise clause, freedom of worship protections of the state constitution, the federal ADA and the Rehabilitation Act. (See prior related posting.) [Thanks to Art Jaros for the lead.]

Montreal Cabbie Can Keep Some Religious Objects In Taxi Under Settlement Agreement

In Canada, Montreal cabbie Arieh Perecowicz has reached an out-of-court settlement with the Montreal taxi bureau and has agreed to drop his appeal of four tickets he received for violating a Bureau du taxi rule that bars drivers from having items or inscriptions in their cab that are not necessary for the cab to be in service. Some of the items for which Perecowicz was cited were ones reflecting his Jewish faith. (See prior posting.) According to today's Toronto Globe and Mail, under the settlement city officials will permit Perecowicz to keep two mezuzahs (small parchment scrolls) and a photo of former Lubavitch leader Rabbi Menachem Schneerson in his cab. The city will also withdraw four outstanding citations issued to Perecowicz, but the cab driver will still have to pay the four original tickets, along with fines of over $1000, which are the subject of his current appeal. In addition, the Bureau du taxi has issued a new directive to its inspectors encouraging them to show tolerance toward religious objects in cabs and not issue citations unless the religious objects pose a danger to passenger safety or are used for proselytizing.

Times Says Muslim Brotherhood Is Has Growing Political Power In Egypt

In a front page analysis of developments in Egypt, the New York Times today says:

In post-revolutionary Egypt, where hope and confusion collide in the daily struggle to build a new nation, religion has emerged as a powerful political force, following an uprising that was based on secular ideals. The Muslim Brotherhood, an Islamist group once banned by the state, is at the forefront, transformed into a tacit partner with the military government that many fear will thwart fundamental changes.

It is also clear that the young, educated secular activists who initially propelled the nonideological revolution are no longer the driving political force — at least not at the moment

Arizona Legislature Passes Bill Protecting Religious Expression and Religious Groups At Colleges

The East Valley Tribune reported yesterday that the Arizona Senate has passed HB 2565 that will bar colleges and universities from discriminating against students because of their religious beliefs or religious expression and will permit religious and political student groups to exclude members who do not share their beliefs. The bill was passed by the House earlier this month.

The bill provides that when a classroom assignment or discussion requests students' viewpoints, a student may not be rewarded or punished based on the religious content of that viewpoint. It provides that a university may not discipline a student in a counseling, social work or psychology program because the student refuses to counsel a client about goals that conflict with the student's sincerely held religious belief so long as the student consults with the instructor to determine the proper course of action to avoid harm to the client. The bill goes on to provide that universities may not refuse to recognize student groups because of the religious, political or philosophical content of the group's speech, including worship.  It provides that political and religious student groups may select leaders and members, resolve disputes and order the group's internal affairs according to their political or religious mission. Finally the bill assures that students have the right to speak, carry sign and distribute flyers in public forums unless the university has a compelling interest to regulate the speech.

UN Human Rights Council Adopts Resolution on Freedom of Belief That Drops "Defamation of Religion" Concept

In a major policy shift, the 47-member United Nations Human Rights Council yesterday unanimously adopted a Resolution on Freedom of Religion or Belief (full text) which omits any reference to the concept of "defamation of religion" and instead focuses on the individual's right to freedom of belief.  Reuters and the Washington Post both quote the U.S.-based Human Rights First campaign that called the resolution "a huge achievement because...it focuses on the protection of individuals rather than religions." For many years, the Organization of the Islamic Conference had pressed to create a concept of "defamation of religion" that has been widely criticized in the United States and by a number of other Western countries. (See prior posting.) Muslim countries set aside that 12-year campaign and joined in approving yesterday's resolution.

The U.S. Commission on International Religious Freedom issued a statement applauding the Human Rights Council's action.  USCIRF said in part that it welcomes the Council's "significant step away from the pernicious 'defamation of religions' concept."  It explained:

The defamation concept undermines individual rights to freedom of religion and expression; exacerbates religious intolerance, discrimination, and violence; and provides international support for domestic blasphemy laws that often have led to gross human rights abuses. The Organization of the Islamic Conference (OIC) has promoted this flawed concept at the United Nations for more than a decade.

USCIRF and others, including the State Department, members of Congress, and NGOs, have worked hard against the defamation of religions concept for years. USCIRF specifically applauds Secretary Clinton and her team for today’s result. We also thank Representatives Eliot Engel (D-NY), Christopher Smith (R-NJ), Shelley Berkley (D-NV), and Frank Wolf (R-VA), for their leadership roles on this issue....

Egypt Adopts New Law On Political Parties Barring Parties Based On Religion

M and C reports that Egypt's interim cabinet on Wednesday approved a new law that creates a framework for creating political parties.  Reuters has summarized the provisions of the new law:

* The parties' principles, programmes, activities and selection of leaders and members must not be based on religion, geography or race. There should be no discrimination on the basis of sex, language, ethnicity or religion.
* Parties must not establish military or paramilitary wings, must not be part of any foreign political organisation and must declare their principles, goals and financial means.
* Parties must provide written notification of their intention to begin work to a parties committee made up of judges.... The notification must be signed by 1,000 founder members....
* Parties will enjoy legal status and can start work 30 days after providing their paperwork to the parties committee, as long as the committee does not object....

Al Masry Al Youm says that Coptic Christians welcome the new law.  A member of the Muslim Brotherhood says he is preparing to create a party that will not be religious based. The Muslim Brotherhood itself will apparently be able to continue to exist since it is a political group, not a political party.

Company's Faith-Based Sales Training Challenged By Former Employee

Yesterday's Pittsburgh (PA) Tribune-Review reports on a lawsuit filed against a Beaver County (PA) bathroom remodeling company by a woman who alleges she was forced out of her job with the company by the company's insistence that she attend faith-based training sessions to increase her trust in God.  Jo A. Yochum says that when she was hired by Bath Fitter of Pittsburgh, she agreed to have $90,000 withheld from the commissions on her first $3 million in sales to pay for a specialized sales training course. She says the course turned out to be little more than religious proselytizing and indoctrination. The company says that Yochum had an opportunity to review the training program before she accepted it, and that she previously endorsed the training program.

Suit Challenges New York City's Disclosure Requirements For Crisis Pregnancy Centers

A federal lawsuit was filed yesterday on behalf of a number of crisis pregnancy centers challenging on 1st Amendment grounds New York City's recently-enacted ordinance that requires pregnancy services centers to make various disclosures about the services they do and do not offer. The law requires centers to disclose (in Spanish and English) on a sign in their waiting room, on their website, in any ads and orally to clients whether they provide referrals for abortion or contraceptive services or prenatal care . They must also disclose whether they have a medical provider on staff. (See prior posting.) The complaint (full text) in Evergreen Association, Inc. v. City of New York, (SD NY, filed 3/24/2011), alleges that the ordinance violates state and federally protected freedoms of speech, association, assembly and the press and that it is unconstitutionally vague in defining the centers and the kinds of ads that are covered. American Center for Law and Justice which filed the lawsuit issued a press release emphasizing their claim that the law "unconstitutionally compels Plaintiffs to speak messages that they have not chosen for themselves, with which they do not agree, and that distract from and detract from the messages they have chosen to speak."

Teaching of Religion In Australian Schools Is Challenged

In Australia, a claim has been filed with the Equal Opportunity Commission against the state of Victoria challenging the teaching of religion in state schools. ABC News reported yesterday that parents claim that if their children opt out of religious classes, they are sometimes left unsupervised. They claim that it is discriminatory to force young children to identify themselves as non-believers and walk out of the classroom.

Florida Judge Issues Explanatory Opinion In Mosque Arbitration Case

On Tuesday a Florida state circuit court judge issued a written opinion in Mansour v. Islamic Education Center of Tampa, Inc., (FL Cir. Ct., March 22, 2011), in order to "discuss the facts, procedural history and analysis" that led to a now-controversial order that Islamic law would be used in deciding whether to enforce an arbitration award between a mosque and certain trustees of the mosque who had been removed from office. (See prior posting.) The court explained:

From the outset of learning of the purported arbitration award, the court’s concern has been whether there were ecclesiastical principles for dispute resolution involved that would compel the court to adopt the arbitration decision without considering state law. Decisional case law both in Florida and the United States Supreme Court tells us that ecclesiastical law controls certain relations between members of a religious organization, whether a church, synagogue, temple or mosque....

The court has concluded that as to the question of enforceability of the arbitrator's award the case should proceed under ecclesiastical Islamic law.... The court will require further testimony to determine whether the Islamic dispute resolution procedures have been followed in this matter.

[Thanks to Michael A. Helfand via Religionlaw for the lead.] 

9th Circuit Continues Ban On Same-Sex Marriages In California As Appeals Go On

Scotus Blog reports that the 9th Circuit yesterday, in the ongoing challenge to the constitutionality of California's Proposition 8, refused to lift its earlier order barring same-sex marriages while appeals of the district court's invalidation of Prop 8 were proceeding through the courts. Yesterday's order (full text) in the case (which is now captioned Perry v. Brown) said the court was denying plaintiffs' motion "at this time." Currently the case is winding its way through the courts on the issue of whether plaintiffs have standing to challenge Proposition 8. (See prior posting).

Recent Prisoner Free Exercise Cases

In Coleman v.Caruso, 2011 U.S. App. LEXIS 5328 (6th Cir., March 16, 2011), the 6th Circuit rejected an inmate's claim that prison policy on administrative segregation violates prisoners' free exercise rights as protected by RLUIPA.  The court concluded that limits on television available and on battery operated devices in administrative segregation did not place a substantial burden on the free exercise of religion.

In Ajaj v. Federal Bureau of Prisons, 2011 U.S. Dist. LEXIS 26393 (D CO, March 10, 2011), a Colorado federal district court rejected on various grounds, including failure to allege personal participation by various defendants in the alleged violations, a Muslim inmate's complaints that his practice of religion was burdened by lack of halal meals, and interference with his ability to celebrate religious holidays, participate in congregational prayer and obtain certain religious items.

In Greenwood v. Maketa, 2011 U.S. Dist. LEXIS 26911 (D CO, March 3, 2011), a Colorado federal district court allowed an inmate to proceed against some defendants named in the suit on his complaint that he was not allowed to mail out religious study guides, and that despite his switch from Christianity to the Muslim faith he is being forced to eat non-kosher meals and was not [sic.] removed from the Ramadan list.

In Knight v. Mulvaney, 2011 U.S. Dist. LEXIS 26778 (WD MI, March 15, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 26649, Feb. 4, 2011) and dismissed claims by an inmate (who has now been released) that his rights were violated when he was designated a security threat group leader for practicing the tenets of Nation of Islam in organizing NOI services, and for possessing religious literature from the group.

In Smith v. California Board of Parole Hearings, 2011 U.S. Dist. LEXIS 26876 (CD CA, March 14, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 26849, Feb. 9, 2011), and rejected an inmate's claim that his Establishment Clause rights were violated when, in the hearing that led to his denial of parole, board members discussed his failure to continue going to AA/NA programs. Petitioner said he had objections to the religious nature of the programs.

In Riley v. Beard, 2011 U.S. Dist. LEXIS 27092 (MD PA, March 14, 2011), a Pennsylvania federal district court held that RLUIPA was not violated by a prison policy that barred Muslim prisoners from consuming special foods available for purchase for Muslim religious feasts when they did not have money to pay for them. Inmates who cannot pay are allowed to celebrate the feast with the regular prison menu.

Suit Seeks to Bring Building Under Religious Exception In Historic Preservation Law

In Peoria, Illinois, according to yesterday's Peoria Journal, the Westminster Presbyterian Church has filed a state court lawsuit seeking to invoke a change made in February in the city's historic preservation ordinance. The ordinance was amended to exclude buildings used primarily for religious ceremonies or to further the religious mission or business of the owner.  The church wants to tear down Westminster House, built as a dwelling, but used for 25 years until 2006 as the regional office of the Presbyterian Church.  Now to bring the unused building under the preservation ordinance exception, beginning March 9 the church started holding weekly men's fellowship prayer meetings in the building.  The complaint (full text) in Westminster Presbyterian Church v. City of Peoria, Illinois, (IL Cir. Ct., filed March 21, 2011), seeks a declaratory judgment that the fellowship meetings are sufficient to qualify Westminster House for the religious use exemption. It also asks for a writ of mandamus requiring the inspections department to issue a demolition permit.

Senate Judiciary Subcommittee Schedules Hearings On Civil Rights of American Muslims

U.S. Senator Dick Durbin (D-IL), Chairman of the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights, has scheduled a hearing on March 29 on civil rights of American Muslims. (Press release). Witnesses will include Muslim civil rights leader Farhana Khera; Cardinal Theodore McCarrick; Assistant Attorney General for Civil Rights Tom Perez; and Bush administration Assistant Attorney General Alex Acosta. Durbin's office says: "The hearing is in response to the spike in anti-Muslim bigotry in the last year including Quran burnings, restrictions on mosque construction, hate crimes, hate speech, and other forms of discrimination."

Church Leaders, Parents Charged With Child Abuse In "Biblical Punishment" of Their Children

The Superior (WI) Telegram yesterday reports that the leaders of a Black Earth, Wisconsin church have been charged with child abuse for using wooden spoons and dowels to hit the backsides of children in their family and in the families of other church members. Philip Caminiti, head pastor and elder at Aleitheia Bible Church, and his brother, John Caminiti, say that the Bible calls for using this kind of punishment on children-- apparently referring to Proverbs 13:24. The pastor instructed parents on how to use rods to spank their children.  Three other couples who are members of the church have been subpoenaed by the Dane County (WI) Circuit Court on charges of being parties to intentional abuse of their children.

US Embassy In Pakistan Condemns Florida Pastor's Burning of Qur'an

The U.S. Embassy in Pakistan issued a statement (full text) yesterday saying that it: "condemns the burning of a copy of the Holy Koran in the State of Florida, United States. This is an isolated act done by a small group of people that is contrary to American traditions. It does not reflect the general sentiment of respect toward Islam by the people of the United States." The statement refers to action taken last Sunday by controversial pastor Terry Jones of the Dove World Outreach Center in Gainesville. (See prior posting.) According to WFTV News, Jones conducted a 6-hour mock trial of the Qur'an at his church before 30 people and a film crew. Finding the Qur'an guilty of promoting violence, he burned it. Despite the fact that Jones' activity received little publicity, Pakistan's president Asif Ali Zardari condemned it during a televised address to the federal parliament yesterday.The Pakistani foreign ministry also condemned the burning, saying it has deeply hurt the feelings of Muslims around the world.