School Board Reluctantly Bans Administrators From Sending Religious Messages To Employees

In Florence, South Carolina yesterday, the Florence School District 1 board unanimously but reluctantly banned administrators from sending religious messages to school employees.  According to SCNow, the interim superintendent and a school principal had been sending e-mail and memos containing religious messages, and sometimes overt proselytization, to school district employees. The e-mails included daily scriptures, bits of Christian theology and suggested hymns for times of stress. Americans United for Separation of Church and State had complained to the school board earlier this month about the situation.

Federal-State Court Judges In Utah Continue To Spar Over FLDS Trust

Tensions are growing between Utah state and federal courts over state attempts to reform the FLDS United Effort Plan Trust. As previously reported, the Utah Federal District Court held that the state had acted unconstitutionally in its five-years of proceedings and last week issued an preliminary injunction handing control of the Trust back to the FLDS Church. In response, state court Judge Denise Lindberg ordered special fiduciary Bruce Wisan to ignore the federal court order until the issues are sorted out on appeal. (See prior posting.) Now, in the latest development, the federal court yesterday issued an order (full text) requiring Judge Lindberg to appear on Monday to show cause why she should not be held in contempt for ignoring and countermanding the federal court's preliminary injunction. According to KCSG-TV News, originally the show cause hearing was scheduled for today (Friday), and when Judge Lindberg's attorney told federal judge Dee Benson that Lindberg would be in Arizona at her uncle's funeral, Benson suggested he might dispatch federal marshals to force Lindberg to appear before she left Utah.

Justice Department Joins Challenge To Jail's Policy On Religious Literature

The Justice Department announced Wednesday that it has filed a lawsuit against the Berkeley County, South Carolina sheriff's office, seeking to join a suit already filed by the ACLU challenging the mail policy at the Berkeley County Detention Center. The jail prohibits sending of any books, magazines or newspapers to inmates, except for copies of the Bible. (See prior posting.) The Justice Department alleges that the detention facility, in violation of RLUIPA, burdens inmates' practice of religion by denying them religious texts other than the Bible and violates the Establishment Clause by favoring the Bible over texts used in other religious traditions. The suit also claims more broadly that the ban on non-religious literature violates the 1st Amendment's free speech provisions.

7th Circuit: No Standing To Challenge National Day of Prayer

In Freedom From Religion Foundation, Inc. v. Obama, (7th Cir., April 14, 2011), the U.S. 7th Circuit Court of Appeals held that Freedom from Religion Foundation and its members lack standing to challenge either the constitutionality of the federal statute that creates a National Day of Prayer or the Presidential proclamations issued under that statute. While all three judges concluded that plaintiffs lack standing, the opinion by Judge Easterbrook (joined by Judge Manion) swept more broadly in doing so that did the concurring opinion by Judge Williams.

As to the statute-- 36 USC Sec. 119-- which directs the President to issue a Proclamation each year declaring the first Thursday in May as a national day of prayer, Judge Easterbrook concluded that since it merely imposes a duty on the President, only the President is injured enough by the statute to have standing. Others cannot "object to a statute that imposes duties on strangers."  The President's proclamation, on the other hand, are addressed to plaintiffs, like all other citizens. However since the Proclamations merely make a request that citizens are free to deny, no one is injured by them. Judge Easterbrook continued:

Plaintiffs contend that they are injured because they feel excluded, or made unwelcome, when the President asks them to engage in a religious observance that is contrary to their own principles.... [However] offense at the behavior of the government, and a desire to have public officials comply with (plaintiffs’ view of) the Constitution, differs from a legal injury. The “psychological consequence presumably produced by observation of conduct with which one disagrees” is not an “injury” for the purpose of standing.

Judge Williams, concurring, found this case to be closer, and the Supreme Court precedent to be less clear, that Judge Easterbrook asserted.  Williams wrote:

The [Supreme] Court simply has not been clear as to what distinguishes the psychological injury produced by conduct with which one disagrees from an injury that suffices to give rise to an injury-in-fact in Establishment Clause cases.... [The Supreme] Court has decided cases in many contexts where the plaintiffs claimed that they were hurt by exposure to unwelcome religious messages from the government.... In all of those cases, the Court treated standing as sufficient, even though it appears that nothing was affected but the religious or irreligious sentiments of the plaintiffs..... 

In the case, the district court had found that plaintiffs had standing, and later concluded that the federal statute violates the Establishment Clause. (See prior posting.) AP reports on the decision. FFRF immediately issued a press release announcing that it will seek en banc review.

11th Circuit En Banc Upholds City's Limits On Feeding Homeless In City Parks

In First Vagabonds Church of God v. City of Orlando, Florida, (11th Cir., April  12, 2011), the 11th Circuit Court of Appeals en banc upheld a municipal ordinance that limits the number of feedings of large groups that any person or political organization can sponsor in centrally located city parks in Orlando (FL). The court held that even if feeding the homeless is expressive conduct, the ordinance as applied to the organization Orlando Food Not Bombs is a reasonable time, place or manner regulation. A majority of the 3-judge panel in the case had held that feeding of the homeless here was not expressive conduct. (See prior posting.) The en banc court did not review other aspects of the 3-judge panel's decision, so the panel's rulings rejecting attacks on the ordinance under the free exercise, due process and equal protection clauses, and under the Florida Religious Freedom Restoration Act, were reinstated.

Second Lawsuit Against Georgia County Filed Over Zoning Denial For Churches

For the second time this year (see prior posting), a federal lawsuit has been filed against Coweta County, Georgia challenging its denial of a conditional use permit to a predominately African-American church. At issue in the latest suit is the county's refusal to allow Holy Is The Way Ministries to build a church on a rural tract of land it has contracted to purchase. The county Board of Commissioners denied the church's application, rejecting a recommendation of the Board of Zoning Appeals.  The complaint (full text) in Holiness Is The Way Ministries, Inc. v. Coweta County, Georgia, (ND GA, filed 4/13/2011), alleges violations of RLUIPA as well as numerous constitutional violations. Among other claims, plaintiffs charge that the provision in the county's zoning ordinance that calls for churches and other places of worship to obtain a conditional use permit to locate in areas zoned Rural Conservation is unconstitutional.  The complaint alleges that since this requires the county to analyze the content of speech and other expressive activity in order to determine whether a gathering is "a Church or other place of worship," this violates the 1st Amendment's protection of freedom of expression as well as the Establishment Clause. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Community College Board Settles Suit Challenging Prayers At School Ceremonies

A settlement has been reached between the South Orange County (CA) Community College District and plaintiffs challenging the practice of opening various official college events with prayer.  The agreement in Westphal v. Wagner, (CD CA, March 31, 2011), calls for an end to prayers at scholarship ceremonies and Chancellor's Opening Session at the community colleges involved. However commencement ceremonies will continue to feature either a non-sectarian prayer or moment of silence. Mission Viejo Patch reports on the agreement reached by the Community College District with Americans United for Separation of Church and State. Last May, the court had denied a preliminary injunction against invocations at graduation, and that ruling was being appealed to the 9th Circuit. (See prior posting.) A trial on the request for a permanent injunction was scheduled to start today, but the settlement led to its cancellation. [corrected]

Chicago Will No Longer Enforce Law Barring Church Picketing During Services

Tuesday's Chicago Sun-Times reports that the city of Chicago has stopped enforcing an ordinance (Chicago Municipal Code Sec. 8-4-010(j))  that bans demonstrations or picketing within 150 feet of a place of worship while services are being conducted and for one-half hour before and after services.  The city's law department has concluded that the ordinance is unconstitutional because it discriminates on the basis of subject matter by providing an exception for pickets involved in a labor dispute. The issue arose when, last year, the Church of Scientology, in order to prevent picketing, posted a sign at its headquarters stating that religious services are being held every day from 9:30 am to 10:00 pm. When anti-Scientology protesters were asked by police to leave, lawyer Alex Hageli refused in order to be cited and raise a challenge.  The alternative grounds relied upon by the law department avoids deciding the validity of Scientology's attempt to circumvent the law. Hageli was back last Saturday picketing the Scientology headquarters.

Kentucky Court Upholds Rejection of "In God We Trust" Specialty Plates

A Kentucky state trial court has upheld a decision by the Kentucky Transportation Cabinet  refusing to approve an "In God We Trust" specialty license plate that an anti-pornography group wanted issued to help it raise funds. XBIZ reported yesterday that the court denied the application by the group Reclaim Our Culture Kentuckiana (ROCK) for the specialty plate because the phrase 'In God We Trust' does not indicate to persons viewing the plate anything about the purpose of the plate's sponsor.  Meanwhile, the state has begun to make "In God We Trust" plates available as standard issue plates, rather than specialty plates. (See prior related posting.)

Lawsuit Alleges Retaliation For Complaint About Handling Of Accused Priest

Yesterday's Louisville Courier Journal reports on an interesting Kentucky state court lawsuit in which a former bookkeeper  for the Catholic Archdiocese of Louisville claims she was wrongfully fired from her position in retaliation for her complaining that Rev. James Schook, a priest accused of past sexual abuse ,was permitted to reside for several months without supervision at a local church where children were present.  Former bookkeeper Margie Weiter says that this violates Archdiocese policy.  The Archdiocese says it fired Weiter for budgetary reasons, and that it has the right to use discretion in preventing employees from making potentially defamatory statements about priests whose cases are still under investigation. It also seeks dismissal of the case, arguing that how it handled Schook is a matter of internal church discipline of clergy over which civil courts, under the First Amendment, have no jurisdiction.

State Department Serves Vatican With Court Papers On Behalf of Clergy Abuse Plaintiff

In a press release yesterday, plaintiffs' attorney in John Doe 16 v. Holy See, announced that the State Department had served process by diplomatic means on the Vatican in a lawsuit pending in a Wisconsin federal court charging the Pope and two high-ranking cardinals with covering up sexual abuse by a priest in the 1960's at a Catholic school for the deaf in Milwaukee, Wisconsin. (See prior posting.)  The summons and complaint was accompanied by a diplomatic note (full text) from the State Department to the Vatican. AP reports on developments. [Thanks to Religion News Service for the lead.]

Priest Convicted In 2006 of Old Murder of Nun Gets New Hearing On Some Evidence

A Toledo, Ohio Catholic priest who was convicted in 2006 of murdering a nun 26 years earlier has been granted a hearing later this month on two challenges to his conviction.  In State of Ohio v. Robinson, (Com. Pl., April 11, 2011), a state trial court judge ruled that defendant Gerald Robinson is entitled to a hearing to adduce evidence from some 136 documents relating to the case that had been misfiled and never furnished to him before trial  Judge Gene Zmuda also allowed Robinson to challenge affidavits from his trial counsel that the state used as evidence in opposing Robinson's petition for post-conviction relief. Yesterday's Toledo Blade reports on the case. Testimony in Robinson's trial in 2006 suggested ritualistic murder was involved. (See prior posting.)

Swiss Court Acquits Protesters Who Planned To Burn Bible, Qur'an

World Radio Switzerland  and Swissinfo.ch reported yesterday that a judge has acquitted three Hindu men who were arrested when they announced last year that they planned to burn the Bible and the Qur'an outside the federal parliament building in Bern's Parliament Square. The three, who want the Bible and Qur'an banned for children, claim that the religious books encourage violence and contain pornographic material. The court ruled that the defendants did not break Swiss law on freedom of faith and religious practice in announcing their intent to burn the books. They were assessed half the court costs, however, on the ground that they had injured the religious feelings of others. But that amount was largely offset by an award to them for the two days they spent in custody.

Utah Supreme Court Hears Re-argument In FLDS United Effort Plan Trust Cases

The Utah Supreme Court yesterday reheard oral argument in two cases involving the FLDS United Effort Plan Trust.  An audio recording of the full arguments is available online. The first case, FLDS v. Lindberg, involves the question of whether FLDS church members can collaterally attack reform of the trust over three years after the trial court entered its order. The second case, Snow, Christensen and Martineau, involves the trial's court's disqualification of a law firm from representing FLDS members in an action against the trust because the firm previously had a legal relationship with the trust. (See prior posting.) The state Supreme Court ordered re-argument after a federal judge held that Utah state courts acted unconstitutionally in ordering reform of the FLDS United Effort Plan Trust. (See prior posting.)  AP reports on the argument.

Arizona Governor Vetoes Free Exercise Legislation Out of Concern It Could Protect FLDS Members

Arizona Governor Jan Brewer on Monday vetoed SB 1288, a bill that would have prohibited denial or revocation of occupational licenses based on a person's exercise of religion. (See prior posting.) The Verde (AZ) Independent reports that Brewer's veto message stated broadly that: "This bill could protect conduct that harms the public but cannot be readily addressed if the person claims that the conduct is based on religious beliefs."  Apparently her veto was based primarily on her concern that the bill would have  prevented the suspension of certification of police officers who practiced polygamy in the FLDS-controlled town of Colorado City, Arizona. It might well have also protected officers who refused to give information regarding   fugitive FLDS leader Warren Jeffs, claiming that protecting him was a religious practice. Brewer says she will cooperate with the legislature next session to draft a more acceptable version of the law.

UPDATE: Here is the full text of the Governor's veto letter. [Thanks to Volokh Conspiracy.]

Litigious Preacher Sues School District Over Students' Rights To Wear T-Shirts

The Dayton (OH) Daily News reports that on Friday, fire-and-brimstone preacher Orlando Bethel and his wife Glynis filed a federal lawsuit against the Middletown, Ohio school district after school officials objected to the T-shirts worn by their daughter Zoe.  The complaint (full text) in Bethel v. Middletown City School District, (SD OH, filed 4/8/2011), challenges the constitutionality of Ohio's compulsory school attendance law and a school practice of having children stand to recite the Pledge of Allegiance. In addition the suit alleges that school officials have interfered with the free exercise rights of plaintiffs' children to wear T-shirts with religious messages on them. Plaintiffs' daughter on one day wore a T-shirt that proclaimed "God Hates Whores." On another day she wore a shirt with the slogan: "God Hates Muslims Gays." The complaint alleges in part that: "Glynis Bethel, in order to talk about JESUS CHRIST on the campus used her minor children to strategically plant them in the schools to preach the gospel of JESUS CHRIST as an expression of their Religious beliefs..."

Last Friday police arrested Orlando Bethel on charges of obstructing official business as he interfered with officers' questioning of two of his children about whether the parents were forcing Zoe Bethel to wear the T-shirts. On Monday Orlando Bethel was fined $150 and given a 30-day suspended sentence.  The Bethel's have filed some 50 similar lawsuits, mostly in southern states. The pleadings in a number of these lawsuits are posted on the Repent or Burn in Hell message board.

UPDATE: On April 21, an Ohio federal magistrate judge recommended dismissal of the Bethel's lawsuit. (Dayton Daily News.)

Guns In Church For Self-Defense OK'd By Virginia Attorney General

Virginia's Attorney General last week issued an opinion (full text) concluding that under state law is is permissible for a citizen to carry firearms into a place of worship for personal safety purposes. Section 18.2-283 of the Virginia Code outlaws carrying firearms to a place of worship while a meeting for religious purposes is being held  only if done so "without good and sufficient reason." Self-defense and personal safety constitute "good and sufficient reason" under the statute according to the AG's Opinion. However, the Opinion also makes it clear that: "Churches, synagogues, mosques and other religious entities can, like any other owner of property, restrict or ban the carrying of weapons onto their private property." [Thanks to First Amendment Law Prof Blog via Volokh Conspiracy for the lead.]

State Judge Tells Administrator of FLDS Trust To Ignore Federal Court Order

As previously reported, last week Utah federal district judge Dee Benson signed a temporary order giving control of the United Effort Plan Trust back to the FLDS Church. (See prior posting.) Benson had already ruled that the efforts of Utah state courts to reform the trust were unconstitutional. Now, according to yesterday's Salt Lake Tribune, the state judge who has been presiding over the attempts to reform the trust has ordered the special trust administrator she has appointed not to turn assets or documents over to the Church until appeals in state and federal courts are resolved. Third District Judge Denise Lindberg ordered administrator Bruce Wisan not to comply with the federal court order, saying: "Until all these thorny issues are finally resolved by the appropriate appellate courts ... this court must continue its oversight of the trust." However she also ordered Wisan not to make major changes while the appeals are underway.

D.C. Vouchers In, Local Funding of Abortions Out, In Budget Bill; City Officials Protest

The budget deal reached Saturday night between the President and Congress apparently includes two controversial riders supported by Republicans relating to Washington, DC.  AP reports that the compromise reinstates a ban on the District of Columbia using its own local tax funds to pay for abortions for poor women.  Also, according to World Magazine, the President agreed to include the SOAR Act as part of the final budget bill.  The act reopens the voucher program that provides funds for poor parents in the District of Columbia to send their children to a school of their choice, including private and parochial schools.  The bill also increases the amount of the scholarship granted to each student to between $8000 and $12,000 per child, depending on grade level. The majority of D.C. city council supports the voucher program, but the mayor and D.C.'s Congressional delegate oppose it.  Still unclear is whether the final bill will also ban the use of local funds for needle exchange programs. On Monday, a demonstration near the Hart Senate Office Building protested the treatment of D.C. in the bill. According to Politico, D.C. Mayor Vincent Gray and six members of city council were arrested in the protest.

RLUIPA Lawsuit Involves Dispute Over The Current Zoning Designation of Shopping Center

A Bolingbrook, Illinois church has filed a federal lawsuit under RLUIPA alleging that the village is substantially burdening its free exercise of religion by refusing to allow it to operate in Bolingbrook Commons, a shopping center that is already zoned to permit churches and in which another church is located.  The complaint (full text) in Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, (ED IL, filed 3/30/2011), alleges that village officials claim the shopping center is zoned B-2 (which does not allow churches), even though the village zoning map designates the area as B-4 (commercial). According to Bolingbrook Patch, the current zoning maps show Bolingbrook Commons in an area colored orange with no B-2 label near it.  Village officials say the maps have been removed from the Village website in order to update them so that the zones show more clearly.  The complaint claims the mayor told a church Elder that the village already has enough churches and that the landlord should never have executed a lease to the church without the mayor's permission.

UPDATE: Chicago Tribune reports (4/12) that Liberty Temple Full Gospel Church has been granted a temporary restraining order by the federal district court that will allow it to open its church in Bolingbrook Commons. Also, here is the zoning map that was at issue (via Tom Ciesielka).