Muslim Group Sues New Jersey Township Over Zoning Law Excluding Mosque

The Wall Street Journal reports on the filing Tuesday in federal district court of a complaint by a Muslim group in Bridgewater Township, New Jersey alleging that the township amended its zoning ordinance in order to prevent the Al Falah Center from converting a former banquet hall into a mosque. The complaint (full text) in Al Falah Center v.  Township of Bridgewater, (D NJ, filed 4/26/2011), alleges that after local residents objected to the mosque, the township amended its zoning ordinance to bar houses of worship as conditional uses in residential areas, except for specified roads. The effect of the ordinance is to permit all existing houses of worship to remain, but to exclude the site selected for the new mosque. The suit claims that the township's action violates RLUIPA, various state and federal constitutional provisions and state statutory requirements.

ACLU Says Tennessee County Schools Promote Christianity

On behalf of three Sumner County, Tennessee families, the ACLU of Tennessee has has complained to the Sumner County school board that the school system has engaged in a pattern of unconstitutionally promoting Christianity. According to yesterday's Tennessean, a draft complaint sent to the school board cites distribution of Bibles, a cross that is displayed on one classroom wall, sectarian prayers over school loudspeakers and at school events, graduation ceremonies for three high schools being held at a local Baptist church, and a youth minister who is invited by a teacher to proselytize individual students during lunch once a week.

UPDATE: The ACLU has filed its complaint in court. Here is the full text of the complaint in ACLU of Tennessee v. Sumner County Board of Education, (MD TN, filed 5/2/2011)/

Change of Venue Granted In FLDS Land Parcel Dispute

According to the St. George (UT) Spectrum, a state court in St. George, Utah yesterday transfered a lawsuit involving land claimed by the FLDS Church to the Salt Lake County's 3rd  District court so that it can be decided together with other claims involving land owned by the United Effort Plan Trust. At issue are 20 acres that Richard Holm says he has purchased over a series of years as part of a larger 520 acre plot.  Holm purchased the land in 1990, and parcels were delivered to him over the next 10 years as he completed payment. However during the interim, the FLDS Church incorporated and Holm, a polygamist, was evicted from the 20 acres by then-FLDS president Warren Jeffs, who assigned Holm's two wives to marry Jeff's brother. Holm initially acquiesced, but later decided to fight back.  After Utah courts took control of the UEP Trust, Holm applied (in two stages) for a personal deed for the 20 acres. He says the deed has been approved by the courts. As previously reported, a federal district court recently held that Utah state courts acted unconstitutionally in asserting jurisdiction to reform the UEP Trust.

British Catholic Adoption Agency Loses Appeal Seeking To Exclude Same-Sex Couples

In Catholic Care (Diocese of Leeds), (Charity Commn., April 26, 2011), the First-Tier Tribunal of the Charity Commission of England and Wales rejected an appeal by a Catholic social service agency for permission to amend its governing documents so that it can refuse to offer adoption services to same-sex couples. The Tribunal affirmed the decision handed down last summer by the Charity Commission. It rejected the charity's argument that that the proposed amendment was justified by a provision in the Equality Act 2010 that allows a charitable organization to restrict benefits if it is "a proportionate means of achieving a legitimate aim."

Nonbelievers Seek Appointment of A Military Chaplain

The New York Times reports this morning on efforts by atheist and secular humanist groups to obtain appointment of an atheist or humanist military chaplain. This is part of a broader campaign for nonbelievers to obtain recognition in the military,  Appointment of a chaplain would help assure that all chaplains would advocate for nonbelievers with commanders, and that literature would be distributed and events advertised. A spokesman for the Military Association of Atheists and Freethinkers says a humanist chaplain would counsel troops and help them follow their faiths, just as other chaplains do. Meanwhile groups at some bases are at least moving to seek appointment of a lay atheist leader. 9,400 military members formally identify themselves as atheists or agnostics.

Bus Authority Settles Suit By Driver Fired For Refusing To Take Women To Planned Parenthood

The Austin Statesman reported yesterday that the Austin (TX) Capital Area Rural Transportation System has settled a lawsuit against it by a bus driver who was fired after he refused to transport two women to a Planned Parenthood clinic because he thought he might be taking them to have an abortion. The bus system provides rides on request to rural residents. The driver claims CARTS had an obligation to accommodate his religious beliefs opposing abortion. (See prior posting.) CARTS will pay $21,000 to settle the case. A robust debate on the settlement has been raging on Religionlaw listserv.

Backers of Prop 8 Seek To Have Ruling Invalidating It Vacated Because of Judge's Same-Sex Relationship

In Perry v. Brown, the California federal court challenge to the constitutionality of Proposition 8-- California's ban on same-sex marriage-- defendant-intervenors yesterday filed a motion (full text) to vacate the decision handed down by federal district judge Vaughn Walker last summer. Walker held that the state ban violates the U.S. Constitution. (See prior posting.)  The new motion argues:

The district judge who issued this judgment, retired Chief Judge Vaughn R. Walker, has now disclosed to the press on April 6, 2011, that he is gay and that he has been in a committed relationship for more than 10 years....The published reports of former Chief Judge Walker’s statements to the press note that he had heretofore refused to comment on these issues when asked by the press.... The published reports do not address the question whether former Chief Judge Walker and his partner have, or have had, any interest in marriage should the injunction he issued be upheld on appeal.

Given that Chief Judge Walker was in a committed, long-term, same-sex relationship throughout this case (and for many years before the case commenced), it is clear that his “impartiality might reasonably [have been] questioned” from the outset. 28 U.S.C. § 455(a). He therefore had, at a minimum, a waivable conflict and was obligated either to recuse himself or to provide “full disclosure on the record of the basis for disqualification,” id, § 445(e), so that the parties could consider and decide, before the case proceeded further, whether to request his recusal.

AP reports on these developments.

Church of England Objection Shelves Plans To Repeal Act of Settlement

As the Royal Wedding approaches in Britain, the London Telegraph reports that the Church of England has blocked government efforts to obtain repeal of the 1701 Act of Settlement which bars heirs to the throne from marrying Catholics. The British sovereign is also Supreme Governor of the Church of England. If a future heir marries a Catholic, canon law would require their children to be raised as Catholics. That in turn could result in a Catholic Supreme Governor of the Anglican Church. (See prior related posting.)

Petitions Filed To Get Circumcision Ban On San Francisco Ballot

Efforts of activists in San Francisco (CA) to ban circumcision on males under 18, even for religious reasons, are a step closer to getting the issue on the ballot. The San Francisco Chronicle reports that today proponents filed petitions with 12,265 signatures.  If at least 7,168 of them are valid, the measure will go before voters.

UPDATE: The full text of the proposal along with other information about it is available online at the San Francisco MGM Bill website.

Former SG Resigns King and Spalding To Continue To Defend DOMA For Congress

After the Obama administration announced that it would no longer defend in court the constitutionality of the federal Defense of Marriage Act (see prior posting), the U.S. House of Representatives hired former Solicitor General, Paul Clement, to defend the statute on behalf of Congress. (See prior posting.)  Clement was a partner in the Atlanta firm of King and Spalding. The National Law Journal yesterday reported that King and Spalding, under pressure from the Human Rights Campaign, has withdrawn from representing House Republicans.  Clement resigned in protest, saying in part: “I resign out of the firmly held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters.” (Full text of resignation letter via Politco), Clement plans to continue to represent Congress, joining the Washington, D.C. Bancroft law firm in order to do so. Meanwhile, according to Main Justice, Attorney General Eric Holder defended Clement, saying: “In taking on representing Congress in Connection with DOMA, I think he was doing that which lawyers do when we are at our best.”

Recent Articles and Books of Interest

From SSRN:

• Nathan B. Oman, 'I Will Give Unto You My Law': Section 42 as a Legal Text and the Paradoxes of Divine Law, (Embracing the Law, Essays on Doctrine and Covenants Section, Jeremiah John, ed., p. 42, Salt Press, Forthcoming).
• Iain T. Benson, Unexamined Faiths and the Public Place of Religion: Emerging Insights from the Law,  (April 1, 2011).
• Tetty Havinga, Regulating Halal and Kosher Foods: Different Arrangements between State, Industry and Religious Actors, (Erasmus Law Review, Vol. 3, No. 4, p. 241, 2010).
• Dr. Muhammad Munir, Triple Talaq in Islamic Law and Personal Laws of Muslim States: Continuity versus Change, (April 15, 2011).
• Joel A. Nichols, Misunderstanding Marriage and Missing Religion, (Michigan State Law Review, Forthcoming).
• Jessica Knouse, Civil Marriage: Threat to Democracy, (Michigan Journal of Gender and Law, 2012).
• Kenneth L. Marcus, The New OCR Antisemitism Policy, (Journal for the Study of Antisemitism, Vol. 2, 2011).
• Michael Allsep, James E. Parco, and David A. Levy, E Pluribus Unum: Open Homosexuality and the Culture War within the US Armed Forces, (Air and Space Power Journal, Vol. 5, No. 1, pp. 68-76, 2011).
• Perry S. Bechky, Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’, (Brooklyn Law Review, Forthcoming).
• Winnifred Fallers Sullivan, Joan’s Two Bodies: A Study in Political Anthropology, (Social Research, Forthcoming).
• Hannibal Travis, On the Existence of National Identity Before ‘Imagined Communities’: The Example of the Assyrians of Mesopotamia, Anatolia, and Persia, (April 13, 2011).

From SmartCILP:

• Ofrit Liviatan,  Faith in the Law--The Role of Legal Arrangements in Religion-Based Conflicts Involving Minorities, 34 Boston College International and Comparative Law Review 53-89 (2011).
• David Nimmer, Queen Anne in the Emperor's Shadow, 47 Houston Law Review 919-964 (2010).

New Books:

• Sanjiv Bhattacharya, Secrets and Wives: The Hidden World of Mormon Polygamy, (Soft Skull Press, 2011). Religion Dispatches has an interview with the author.
• Jonathan Dudley, Broken Words: The Abuse of Science and Faith in American Politics, (Random House, April 2011).
• Charles Kimball, When Religion Becomes Lethal : The Explosive Mix of Politics and Religion in Judaism, Christianity, and Islam, (Jossey-Bass, April 2011).
  

Wives' Damage Suits In Israeli Civil Courts Growing As Means To Obtain "Get"

Haaretz today reports on the increasing use of damage actions in civil courts in Israel by Orthodox Jewish women seeking to force recalcitrant husbands to grant them a religious divorce document ("get"). After a 2004 case in Jerusalem Family Court setting the precedent for such actions, the Center for Women's Justice filed claims on behalf of more than 40 women. In half the cases, the divorce was granted within 14 months. Lawsuits threatening large damage awards are seen by women as more effective than sanctions imposed by rabbinical courts to pressure husbands.  Under Jewish religious law, a woman cannot remarry if her husband has not given her a divorce document.

Obama Attends Easter Services At Church Founded By Freed Slaves

AP reports that President Barack Obama and his family attended Easter services this morning at the historic Shiloh Baptist Church in Washington D.C. The church was founded in 1863 by 21 freed slaves who were able to come to D.C. from Fredericksburg, Virginia.

Pope's Easter Message Addresses Libya, Migrants To Europe

Pope Benedict XVI's Easter message today focused on a number of areas of political conflict around the world. AP reports that he called for diplomacy to prevail in Libya and urged European countries to accept migrants from Libya and elsewhere in North Africa. Meanwhile a basilica in Rome is serving as a haven for 150 Gypsies whose trailer settlements are being dismantled by the city.

Early Voting In D.C. This Afternoon As Alternative To Passover Voting On Tuesday

The District of Columbia has a special election scheduled for Tuesday for an at-large city council member and two school board members.  Tuesday is also the eighth day of Passover on which observant Jews would not be able to vote. On April 13, D.C. Rabbi Shmuel Herzfeld sued the city seeking to have the election rescheduled or polls remain open until 10:00 p.m. on Tuesday so observant Jews could vote after sundown. (Washington Post). As described separately in the Washington Post by Rabbi Herzfeld, federal district judge Emmet Sullivan denied plaintiffs' request for a preliminary injunction, but admonished the election board for not on its own seeking an order to extend polling hours. Judge Sullivan suggested an alternative that has been adopted by the election board. (Press release). Early voting at one D.C. site will be available today from 12:30 p.m. to 5:30 p.m. Rabbi Herzfeld says he did not originally ask for that alternative because he did not want to burden others' observance of Easter. Absentee ballots ere available before April 19.

China Prevents House Church From Holding Outdoor Easter Service

In China today, police blocked worshipers from attending a planned outdoor Easter service at one of Beijing's largest "house" churches. House churches are Christian churches that are not registered with the government. CNN reports that police prevented 500 people from leaving their homes, and arrested 36 who attempted to attend the service that was scheduled by the Shouwang Church. The Church has been forced to hold its services outside since November when China blocked the rental of its previous office space. Shouwang Church leaders remain under house arrest as China has increased pressure on dissidents over the last three months. Hundreds of uniformed and plain clothes police surrounded the Church site today and prevented CNN journalists from entering.

Recent Prisoner Free Exercise Cases

In Allison v. Martin, 2011 U.S. Dist. LEXIS 41648 (ED MI, April 18, 2011), a Michigan federal district court refused to permit an inmate to file an amended complaint to add a new defendant and new allegations in his challenge to the denial of his request to be placed in the Kosher meal program and the refusal to give him religious materials.

In Groves v. Gusman, 2011 U.S. Dist. LEXIS 41542 (ED LA, April 15, 20110), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 41493, March 3, 2011) and permitted an inmate to proceed with claims that he is not allowed to practice his Santeria religion, to the extent that the claims are within the statute of limitations.

In Mubashshir v. Moore, 2011 U.S. Dist. LEXIS 42130 (N OH, April 19, 2011), an Ohio federal district court dismissed Muslim inmates' complaint regarding the lack of Halal food and denial of use of the chapel for services on two occasions.

In Eichler v. Tilton, 2011 U.S. Dist. LEXIS 41789 (ED CA, April 14, 2011), a California federal magistrate judge recommended dismissing an inmate's complaint alleging that he has been denied the ability to practice his anthroposophist religious beliefs.

In Rogers v. Giurbino, 2011 U.S. Dist. LEXIS 42679 (SD CA, April 20, 2011), a California federal district court dismissed an inmate's claim that he was not allowed to attend religious services.

In Vigil v. Jones, 2011 U.S. Dist. LEXIS 42589 (D CO, March 15, 2010), a Colorado federal magistrate judge recommended allowing an inmate to proceed with his claim that the practice of his "Judeo-Christianity" was burdened by prison authorities' refusal to permit him to participate in Christian and Jewish observances-- Communion, Ta'anit Esther, and the Passover Seder.

In Gause v. Vicklund, 2011 U.S. Dist. LEXIS 42967 (D AZ, April 14, 2011), an Arizona federal district court permitted an inmate to proceed with his lawsuit seeking a kosher diet.

In Cristee v. Norris, 2011 U.S. Dist. LEXIS 42971 (ED AR, March 22, 2011), an Arkansas federal magistrate judge recommended dismissing plaintiff's claim that participation in the Therapeutic Community program as a condition to his parole violates the Establishment and Free Exercise clauses.

In United States v. White, 2011 U.S. Dist. LEXIS 43438 (D KS, April 21, 2011), a Kansas federal district court rejected a motion by a criminal defendant who asked the court to amend the order committing him to prison to reflect his Muslim name that he adopted legally on the same day the court sentenced him. At sentencing, defendant did not the court of his pending name change.

Mentioning God While Questioning High School Student Is Not Establishment Clause Violation

In Sabol v. Walter Payton College Preparatory High School, 2011 U.S. Dist. LEXIS 40765 (ND IL, April 12, 2011), an Illinois federal district court, while largely focusing on other issues, held that the Establishment Clause was not violated when a chaperone on a school-sponsored trip to China mentioned God while questioning a student about her unauthorized use of alcohol. Nor did the questioning violate the due proxess clause or the 5th Amendment.

Texas Governor Declares This Weekend As "Days of Prayer for Rain"

On Thursday, Texas Governor Rick Perry issued a Proclamation (full text) declaring April 22 to 24 as "Days of Prayer for Rain in the State of Texas." His proclamation recites that Texas is in the midst of an exceptional drought and explains:

Whereas, throughout our history, both as a state and as individuals, Texans have been strengthened, assured and lifted up through prayer; it seems right and fitting that the people of Texas should join together in prayer to humbly seek an end to this devastating drought and these dangerous wildfires.

Update On Pastor Terry Jones' Legal Proceedings In Dearborn, Michigan

As previously reported, Florida Christian pastor Terry Jones, and his associate, Pastor Wayne Sapp-- known for advocating and eventually carrying out a burning of the Qur'an-- yesterday faced a Dearborn, Michigan jury after prosecutors filed a complaint under MCL Sec. 772.1 et. seq. seeking to force them to post a peace bond before they demonstrated in front of Dearborn's largest mosque. The Detroit Free Press  and WXYZ report that after a day-long trial Friday in which the jury found that their protest would create a breach of the peace, the judge ordered each defendant to post a $1 peace bond instead of the $45,000 that prosecutors had sought. The court also ordered them to stay off the property of the Mosque of America for the next three years. Initially both defendants refused to pay the $1 bond and they were led off to jail. However, as the Detroit Free Press reports in a later article, they subsequently changed their minds, paid the nominal bond, and returned to Florida. However, according to WJBK, they say they will return to Dearborn next Friday to protest at the City Hall to call attention to the deprivation of their 1st Amendment rights. Jones is also planning to file a lawsuit against the Wayne County prosecutor's office challenging his arrest. The Dearborn Press and Guide says that the Ann Arbor-based Thomas More Law Center is likely to represent Jones.