Neutral Principles Approach Allows Court To Hear Various Claims Against Methodist Annual Conference

In Beach v. Budd, (MN App., May 3, 2011), Samantha Beach, a  parishioner at a Minnesota Methodist church, sued Donald Budd, the church's pastor, and the Minnesota Annual Conference that controls the church and employed Budd. Plaintiff's claims grew out of sexual contact that Budd had with Beach at the same time he was counseling her. This opinion involved an interlocutory appeal by the Conference challenging the court's jurisdiction on 1st Amendment grounds, alleging that the court would become excessively entangled with religious matters. The court held first that:

The Establishment Clause’s prohibition against government entanglement with religion does not deprive the district court of subject-matter jurisdiction over Beach’s negligent-retention, negligent-supervision and sexual-exploitation claims because such claims can be resolved according to neutral principles of law.

The court, however, held that Beach's negligent investigation claim should be dismissed because the Conference "owed no duty to protect Beach or to investigate her complaint apart from its obligations as Budd's employer."

Settlement Leads To Dropping of Trespass Charges Against 2009 Pro-Life Notre Dame Demonstrators

In a press release yesterday, the Thomas More Society reported that an agreement has been reached between Notre Dame University and the so called "ND88"-- pro-life protesters who were arrested in 2009 for demonstrating on campus against the University's presenting an honorary degree to President Obama.  Pursuant to the agreement, the St. Joseph, Indiana county prosecutor has dropped criminal trespassing charges against almost all those who had been charged in the incident. (See prior related posting.) The release says, in part: "both parties have pledged not to rehash the events of the past, but on the contrary, to recognize each other's pro-life efforts and to work together to find ways to increase those efforts and maximize their impact on the nation’s contentious, ongoing debate over abortion policy."

Break-Away California Anglican Congregation Can Still Assert Its Defenses In Property Dispute

In Rasmussen v. Superior Court of Orange County, (CA Sup. Ct., May 5, 2011), the California Supreme Court in a 6-1 decision held that its prior decision in a property ownership dispute between a break-away congregation-- St. James Anglican Church-- and  the national Episcopal Church still left questions for the trial court to settle. In a 2009 decision (see prior posting), the state Supreme Court held that the suit was not subject to an anti-SLAPP motion to strike and that property ownership should be resolved applying neutral principles of law if the property dispute does not involve a matter of religious doctrine. In its most recent decision, the court held that the congregation must be given an opportunity to answer the complaint so the trial court can consider the significance of a 1991 letter from the bishop of the diocese on which St. James relies to show its ownership. Virtue Online reports on the decision and gives additional background.

Georgia Judge Bars Kufi From Being Worn In Courtroom

AP reported yesterday that a Georgia state trial court judge has refused three separate times to permit a Muslim man, Troy "Tariq" Montgomery, from entering the courtroom to dispute a traffic ticket because Montgomery was wearing a kufi. Henry County judge James Chafin took the action even though a policy adopted in 2009 by the state's Judicial Council allows head coverings in court when they are worn for medical or religious reasons. (See prior posting.)

Syrian Christians Reportedly Being Pressured To Join Anti-Assad Demonstrations

The group International Christian Concern says that Christians in Syria are being pressured to join the protests against President Bashir Assad, or else leave the country. A report carried by Christian Today on May 5 says that Syrian Christians have not participated in the anti-Assad protests so far because they fear a takeover by Muslim Salafis who will attempt to drive Christians out of the country.

Illinois Catholic Adoption Agencies Concerned About Impact of Civil Union Law

At a press conference in Springfield, Illinois, Catholic Charities said there is a possibility that it will halt its adoption and foster care services if Illinois law requires them to place children with same-sex couples.  The issue arises because of the June 1 effective date of Illinois' civil union law.  Carmi Times reported yesterday that Catholic social service groups place children only with married couples and single individuals -- not with unmarried couples. They continue to consider couples who have had a civil union as unmarried. However the civil union law provides that parties to a civil union are entitled to the same legal benefits as married couples. Catholic Charities is urging the state legislature to pass legislation making it clear that it can refer gay couples to other organizations for adoption or foster care services.

6th Circuit: Seventh Day Adventist Vocational School Students Are Not "Employees" Under FLSA

In Solis v. Laurelbrook Sanitarium and School, Inc., (6th Cir., April 28, 2011), the U.S. 6th Circuit Court of Appeals held that student trainees in a Seventh Day Adventist vocational boarding school are not employees for purposes of the federal Fair Labor Standards Act. High school students spend four hours each day, without pay, as part of their training working in the kitchen and housekeeping departments of Laurelbrook Sanitarium, an intermediate care nursing home that is an integral part of the school's facility. Students in the Certified Nursing Assistant program may be assigned to provide medical assistance to patients. Applying the "primary benefit" test, the court concluded that the district court was correct in concluding that "[a]lthough there is benefit to the school and sanitarium from the students’ activities, the totality of the circumstances shows that the primary benefit is to the students, who learn practical skills about work, responsibility, and the dignity of manual labor in a way consistent with the religious mission of their school." Courthouse News Service reports on the decision.

Medicaid Denial of Bloodless Liver Transplant Violates Free Exercise Rights of Jehovah's Witness

In Stinemetz v. Kansas Health Policy Authority, (KS App., May 4, 2011), a Kansas state appellate court held that the Kansas agency administering the state's Medicaid program violated the free exercise rights of a Jehovah's Witness when it refused, for lack of medical necessity, to authorize coverage of an out-of-state liver transplant using a method that does not involve blood transfusions.  Jehovah's Witnesses object on religious grounds to transfusions. The bloodless technique, not available in Kansas, is less expensive that an in-state procedure involving transfusions that KHPA was willing to fund. The court held:

There is nothing in the language of K.A.R. 30-5-70(c)(2) or any of the Kansas Medicaid regulations to indicate that the regulations either were enacted or are enforced in such a way as to target Jehovah's Witnesses. The regulations are neutral and of general applicability, but the regulations have the incidental effect of burdening Stinemetz' particular religious beliefs. Under the Employment v. Smith test, enforcement of the Kansas Medicaid regulations need not be justified by a compelling governmental interest to avoid violating Stinemetz' rights under the Free Exercise Clause of the First Amendment.

But even the Employment v. Smith test carves out an "individual exemption exception." .... Because the Kansas Medicaid regulations allow for an individual exemption on a case-by-case basis in defining medical necessity, the KHPA cannot refuse to extend that exemption to cover Stinemetz' religious hardship without providing a compelling reason. Here, the KHPA has failed to suggest any state interest, much less a compelling interest....

Stinemetz has even greater protections ... under § 7 of the Kansas Constitution Bill of Rights.... To determine whether government action violates an individual's right to the free exercise of religious beliefs under the Kansas Constitution, a court must determine: (1) whether the individual's religious beliefs are sincerely held; (2) whether the state action burdens the individual's free exercise of religious beliefs; (3) whether the state interest is overriding or compelling; and (4) whether the State uses the least restrictive means of achieving its interest.... [T]he KHPA's denial of Stinemetz' request for prior authorization for the out-of-state liver transplant violated her rights under § 7 of the Kansas Constitution Bill of Rights.

Yesterday's Topeka (KA) Capital-Journal reported on the decision. (See prior related posting).

May Is Jewish American Heritage Month

Last week, President Barack Obama issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

The Jewish story is intertwined with the American story one of overcoming great hardship, and one of commitment to building a more just world. This month, we embrace and celebrate the vast contributions Jewish Americans have made to our country....

This month, we remember that the history and unique identity of Jewish Americans is part of the grand narrative of our country, forged in the friendships and shared wisdom between people of different faiths.

The Library of Congress, the National Archives, the NEH, the National Gallery of Art, the National Park Service and the U.S. Holocaust Memorial Museum have jointly set up a Jewish American Heritage Month website that links to extensive resources on the Jewish American experience.

Russia Drops Ban On 29 Scientology Publications

AP reported yesterday that Russia's Justice Ministry has lifted a ban on 29 books and lectures by Church of Scientology founder L. Ron Hubbard. Last month, a court in the Siberian city of Surgut concluded that the books were "extremist." (See prior posting.) [Thanks to Alliance Alert for the lead.]

Pakistani Travel Agencies Sue Ministry of Religious Affairs Over Allocation of Haj Quotas

Pakistan's International News and the Daily Times reported yesterday on a lawsuit in the Lahore High Court that is challenging the manner in which Haj quotas were allocated this year to Pakistan's private tour operators. Thirteen tour operators have sued the Federal Government and several government ministries claiming that the Ministry of Religious Affairs had allocated Haj quotas according to personal favoritism and political influence.  The suit also challenges the Ministry's decision to deny a quota for new tour operators. The travel agencies are asking the court to step in and allocate 2011 quotas based on merit. The court yesterday suspended the allotments to private tour operators until the case is decided.

Kenyan Seventh Day Adventist University Students Protest Saturday Exams

In Kenya, Seventh Day Adventist students at Masinde Muliro University say that the school's scheduling of exams on Saturdays violates their freedom of conscience and religion as protected by Kenya's new constitution. According to the Narobi Star this week, the students threaten to go to court if the University does not either reschedule exams or provide them a separate make-up exam on a different day.

Suit Seeks To Require School Boards To Comply With State Voucher Program

Last week, the Tulsa World reported that a number of Oklahoma parents of students with special needs have filed a federal lawsuit against Broken Arrow, Union, Jenks and Tulsa public school districts after those districts announced they would not comply with a 2010 state law setting up a voucher program for students with disabilities. Subsequently the districts temporarily rescinded their noncompliance policy. The complaint (full text) in Kimery v. Broken Arrow Public Schools, (ND OK, filed 4/25/2011), alleges that the school systems have refused to implement the Lindsey Nicole Scholarship for Students With Disabilities Program on the ground that the program violates Art. II, Sec. 5 of Oklahoma's Constitution barring the use of state funds to support religious institutions; the obligation under the state constitution to maintain a free public school system; and the federal equal protection clause.  The suit seeks a declaratory judgement that the school boards' action violate provisions of the U.S. and Oklahoma constitutions as well as federal and state statutory provisions. It also asks for an injunction requiring the school boards to comply with the voucher program.

FLDS Leadership Being Challenged Through Competing State Corporate Filings

In the midst of the many legal issues surrounding the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints, AP this week reports that another legal battle is brewing as contesting factions have used filings with Utah's Division of Corporations as the vehicle to compete for the Church's leadership. On March 28, William Jessop, claiming to be the Presiding Bishop of the church, filed a Corporation Registration Information Change Form listing himself as President of the Church and removing Warren Jeffs name as an officer of the corporation. Three days later, Jeffs filed a similar form (full text), listing himself as Presiding Bishop and removing Jessop's name. The filing included an affidavit characterizing Jessop's prior filing as false. Several affidavits from church members claim that Jeffs was elected as head of the church last month. Jessop claims he was placed at the head of the church by Warren Jeff's father, Rulon Jeffs, and says that Warren Jeffs has been disqualified as leader of the church by various immoral acts. He says that church officials loyal to Jeffs have used intimidation against church members. Jeffs is currently in prison in Texas awaiting trial on charges of bigamy and aggravated sexual assault. All of the filings at issue are on the Utah Division of Corporation's website. On March 31, the Division of Corporations Director placed the competing filings on hold until May 2, hoping that the parties would resolve the dispute. So far, neither side has asked a court to intervene.

President Declares May 5 National Day of Prayer

Last week President Obama issued a Proclamation (full text) declaring Thursday, May 5 as a National Day of Prayer. The Proclamation was issued just two weeks after the U.S. 7th Circuit Court of Appeals dismissed for lack of standing a constitutional challenge to both 36 USC Sec. 119 which directs the President to issue a National Day of Prayer proclamation each year, and to Presidential proclamations issued under it. (See prior posting.) This year's Proclamation calls for citizens to join the President "in giving thanks for the many blessings we enjoy. " It asks "all people of faith" to join the president "in asking God for guidance, mercy, and protection for our Nation."  It also asks for prayers on behalf of members of the armed forces, first responders, victims of natural disasters and "men and women everywhere who seek peace, human dignity, and the same rights we treasure here in America."

The non-governmental National Day of Prayer Task Force has declared its theme for this year to be "A Mighty Fortress Is Our God". Its 3-hour Washington, D.C. ceremony will be webcast live on Thursday beginning at 9:00 a.m. Shirley Dobson continues to chair the Task Force. This year's honorary chairman is Joni Eareckson Tada, an international advocate for people with disabilities. The only current elected federal official among the numerous speakers scheduled at the Washington, D.C. ceremony is Florida Congressman Allen West.  

With the increasing religious diversity of the nation, the Task Force has posted on its website the following "Official Policy Statement on Participation of “Non-Judeo-Christian” groups in the National Day of Prayer":

The National Day of Prayer Task Force was a creation of the National Prayer Committee for the expressed purpose of organizing and promoting prayer observances conforming to a Judeo-Christian system of values. People with other theological and philosophical views are, of course, free to organize and participate in activities that are consistent with their own beliefs. This diversity is what Congress intended when it designated the Day of Prayer, not that every faith and creed would be homogenized, but that all who sought to pray for this nation would be encouraged to do so in any way deemed appropriate. It is that broad invitation to the American people that led, in our case, to the creation of the Task Force and the Judeo-Christian principles on which it is based.

High School Sued Over Refusal To Recognize Student Religious Clubs

A lawsuit was filed in federal district court in New York on Monday challenging a school district's refusal to recognize a Christian student religious club. The complaint (full text) in Frontline Club v. Board of Education of the Hicksville Union Free School District, (ED NY, filed 5/2/2011), alleges that plaintiffs' 1st and 14th Amendment rights, as well as their rights under the federal Equal Access Act, were violated when the Hicksville High School principal refused to recognize religious clubs on the ground that it would be too expensive to provide an advisor to numerous religious groups that might wish to form. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Jewish Groups Fear Impact From Anti-Sharia Laws

JTA reported last week that Jewish organizations are concerned that anti-Sharia laws being proposed in many states will also impact the ability of Jewish litigants to resolve disputes according to halacha-- Jewish religious law. Recently a number of arbitrations from Jewish religious courts (bet din) have been taken to civil courts for enforcement. Of particular concern to Jewish groups are proposals in Nebraska and South Dakota that do not refer explicitly to sharia, but instead reference "religious codes" more generally. A letter to state legislatures urging them to reject anti-sharia legislation has been spearheaded by Jewish groups and has been signed onto by various civil liberties and religious organizations.

Woman Sues Claiming She Was Fired Because of Alleged Voodoo Curse

Yesterday's Southeast Texas Record reports that a federal religious discrimination lawsuit was filed last month against the Texas Health and Human Services Commission by former employee Victoria Vaughan who alleges she was fired after her supervisor claimed that Vaughan threatened her and other co-workers with a voodoo curse. The complaint alleges that the supervisor claimed to feel threatened by Vaughan's deeply held religious beliefs.

Supreme Court Denies Review In Case Involving San Francisco's Resolution Criticizing Cardinal Levada

The U.S. Supreme Court today denied certiorari in Catholic League for Religious and Civil Rights v. City and County of San Francisco, California (Docket No. 10-1034, cert. den. 5/2/2011). (Order List.) In the case, a fragmented majority of the 9th Circuit en banc dismissed an Establishment Clause challenge to a San Francisco Board of Supervisors resolution criticizing Cardinal William Levada for directing Catholic Charities to end adoption placements in same-sex households. The resolution urged Levada to withdraw his directive. (See prior posting.)

More On Bin Laden's Islamic Burial At Sea

CNN is now reporting more details (see prior posting) of the burial at sea of Osama bin Laden. Reporting on a briefing by Defense Department officials describing the rites that occurred on the aircraft carrier USS Carl Vinson, CNN said:

Osama bin Laden's body was buried at sea according to Islamic law because no country was willing or able to take his body for burial on land, senior Defense officials said.

"When there is no land alternative, Islamic law dictates that the body be buried within 24 hours, and that was the basis," one official said. "

A second senior Defense official said there was no country willing or able to accept the body for burial, and U.S. forces "took pains to observe Muslim law."

"Today's religious rites were conducted on the deck of the USS Carl Vinson in the Arabian sea. The ceremony started at 1:10am and finished at 2:10am ET," the second official said. "Procedures for Islamic body were followed. The body was washed and placed in a white sheet. A military official read prepared remarks, which were then translated into Arabic by a native speaker. The body of Osama bin Laden was placed on a flat board, which was then tipped up, and allowed to slide into the sea."

ABC News reports that the decision to bury bin Laden at sea was also motivated by the desire to avoid having a burial site that could become a terrorist shrine, even though some Muslim leaders say burial at sea is not customary, while others question whether bin Laden was worthy of the respect shown to his body. However, even criminals and murderers are usually given an Islamic burial.

The careful burial arrangements seem to reinforce the concern about reactions in the Muslim world that were first stressed as part of President Obama's remarks Sunday night announcing the U.S. operation.  Obama said:

[W]e must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.