Discrimination Suit Against FLDS Dominated Town Can Continue

Cooke v. Town of Colorado City, Arizona, 2011 U.S. Dist. LEXIS 52356 (D AZ, May 16, 2011), is one of the first cases reflecting the implications of a Utah federal district court's holding in February-- now stayed pending appeal-- invalidating the Utah state court's appointment of a special fiduciary to reform the polygamous FLDS Church's United Effort Plan Trust. The UEP trust holds property in Utah and Arizona on which church members reside. (See prior posting.)  The special fiduciary, as part of his efforts to assign property of the trust to beneficiaries in a religiously neutral manner, granted a lease to a parcel of land to Ronald Cooke, a former FLDS member, and his wife. Cooke left the church at age 18 or 19 and moved to Phoenix where subsequently he was severely injured in an accident.  After receiving the lease for land in Colorado City, Cooke and his wife moved back in a trailer home, but the city refused to provide water, electricity and sewer service.  Cooke in this case sued for damages under the federal and state fair housing acts and under 42 USC 1983, alleging that Colorado City engaged in religious and disability discrimination. Meanwhile, after the Utah federal court invalidated the state court's appointment of the special fiduciary, Robert Black, the prior occupant of the Colorado City land leased to the Cooke's, filed an action in Arizona federal district court seeking a declaration that he is the rightful occupant. The court in this decision refused to stay proceedings in Cooke's lawsuit. The city had sought a stay pending the outcome of Black's declaratory action.

President Speaks At Jewish American Heritage Month Reception

On Tuesday, President Barack Obama spoke (full text of remarks) at a reception in honor of Jewish American Heritage Month held in the East Room of the White House.  He said in part:

This month is a chance for Americans of every faith to appreciate the contributions of the Jewish people throughout our history –- often in the face of unspeakable discrimination and adversity. For hundreds of years, Jewish Americans have fought heroically in battle and inspired us to pursue peace. They’ve built our cities, cured our sick. They’ve paved the way in the sciences and the law, in our politics and in the arts. They remain our leaders, our teachers, our neighbors and our friends.

Not bad for a band of believers who have been tested from the moment that they came together and professed their faith.

(See prior related posting.)

15% of Kentuckians Opt For "In God We Trust" Plates

After a long battle, in January the state of Kentucky began offering "In God We Trust" license plates as a standard-issue alternative to the "Unbridled Spirit" plate. (See prior related posting.) Christian Post reported yesterday that so far 50,261 Kentuckians have opted for this new plate with the national motto, while 275,459 have taken the "Unbridled Spirit" plate.

Groups Push For Arlington Cemetery Monument To Jewish Chaplains

Chaplains Hill in Arlington National Cemetery contains the graves of a number of military chaplains and three monuments to chaplains-- one to chaplains who died in World War I; one to Protestant Chaplains who died in World Wars I and II; and a third to Catholic chaplains who died in World War II, Korea and Vietnam. However there is no monument to the 13 Jewish chaplains who have died on active duty since World War I. CNN reported earlier this month on the efforts of Jewish groups to obtain Congressional authorization for a monument to them. Private funds have already been raised and a design for the monument has been created. The Jewish Council for Public Affairs yesterday reported on progress so far:

In the House, through the urging of Representative Anthony Weiner (D-NY), Chairman Jeff Miller (R-FL) included the text of the Jewish chaplains resolution as part of H. R. 1627, a larger bill issuing guidelines for memorials at Arlington. The bill is expected to be voted on in the House on May 23rd.

The Senate Veterans Affairs Committee is similarly working on a larger bill regarding memorials at Arlington, and this committee also intends to include the Jewish chaplains resolution as part of this bill. The Senate is still collecting co-sponsors for S.Con.Res. 4, the Jewish chaplains resolution.

Waiter Charges Waldorf Astoria With Hostile Work Environment

The New York Observer reported yesterday on a hostile work environment lawsuit filed recently in state court by Mohamed Kotbi, a banquet waiter at New York City's Waldorf Astoria Hotel. Kotbi, who was born to an elite family in Morocco, has worked at the Waldorf for over 25 years. He says his problems began shortly after 9-11. When the hotel hosted a large memorial service for employees and family members of Bear Stearns, Kotbi's supervisor removed his "Mohamed" name tag and replaced it with one reading "John," telling Kotbi that they did not want to scare guests. Shortly after this incident, other waiters began to harass Kotbi, calling him names such as "al Queda boy." Kotbi twice has filed complaints with the EEOC. Sometimes Kotbi has been able to use his real name, but recently he again was told to wear a tag with a different name during a fund-raiser at the hotel for Friends of the Israeli Defense Forces. According to MyFoxNY, the Waldorf has issued a statement denying the charges and saying that Kotbi has a long history of unfounded workplace complaints.

Pro-Lifer Counterclaims Against DOJ, Claiming Interference With Speech and Free Exercise Rights

Last month, the U.S. Department of Justice filed a civil complaint under the Freedom of Access to Clinic Entrances Act against Angel Dillard, a Kansas woman who sent an intimidating letter to Wichita physician, Dr. Mila Means, who was training to offer abortion services. The letter read in part: "You will be checking under your car everyday- because maybe today is the day someone places an explosive under it." The lawsuit seeks an order barring Dillard from contacting the doctor or coming with 250 feet of her, her home, car or place of business. (Justice Dept. press release, 4/7/11). The Wichita Eagle and KNSS Radio News reported today that after a ruling last month by the court that while Dillard's letter was meant to intimidate, it was not a true threat, Dillard has filed a counter-claim seeking damages against the government. Her counter-claim alleges that the government's actions "have had, and continue to have an unlawful chilling effect on Defendant's and others' right to free speech and free exercise of religion." It also contends that the government has interfered with Dillard's right to worship where she chooses because her church is located less than 250 feet from Dr. Means' office.

New Study Focuses On Causes of Sexual Abuse By Priests

The New York Times and Religion News Service both have advance reports on a study that is to be released today by the U.S. Conference of Catholic Bishops titled The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010. The study was carried out by researchers at the John Jay College of Criminal Justice and was funded largely by the bishops and Catholic organizations.  Here are some excerpts for the RNS summary of the 150-page [corrected] study:

The first myth challenged by the study is that priests tend to be pedophiles. Of nearly 6,000 priests accused of abuse over the past half century (about 5 percent of the total number of priests serving during that period), less than 4 percent could be considered pedophiles, the report notes—that is, men who prey on children....

Second, the researchers found no statistical evidence that gay priests were more likely than straight priests to abuse minors.... The disproportionate number of adolescent male victims was about opportunity, not preference or pathology, the report states.

What’s more, researchers note that the rise in the number of gay priests from the late 1970s onward actually corresponded with “a decreased incidence of abuse—not an increased incidence of abuse.”

Similarly, celibacy remained a constant throughout peaks and valleys of abuse rates, and priests may be less likely to abuse children today than men in analogous professions.... Better preparation for a life of celibacy is key, however, and improved seminary training and education in the 1980s corresponds to a “sharp and sustained decline” in abuse since then—a dramatic improvement that has often been overlooked.

The huge spike in abuse cases in the 1960s and 1970s, the authors found, was essentially due to emotionally ill-equipped priests who were trained in earlier years and lost their way in the social cataclysm of the sexual revolution.

UPDATE: Here is the full text of the report, along with a press release from the Conference of Bishops and other related material.

100,000 Want Religious Education As Part of British Core School Subjects

Last year, Britain's Department of Education introduced the English Baccalaureate which ranks schools according to students' performance in five key subjects-- English, mathematics, history or geography, the sciences and a language. BBC reports today that a petition containing more than 100,000 signatures was handed to the government this week demanding that Religious Education be added to the core subjects. Religious leaders have argued that without this, a generation of children will have no knowledge of the role of faith in society. Proponents say the petition should lead to a Parliamentary debate in line with promises by the Prime Minister during the election that any petition receiving over 100,000 signatures would be eligible for Parliamentary debate.

Catholic Hospital Is Exempt From Washington State Anti-Discrimination Law

In Harris v. Providence Everett Medical Center, (WA App., May 16, 2011), a Washington state appellate court held that a hospital whose parent company is sponsored by a Catholic religious order, the Sisters of Providence, comes within the statutory exemption (RCW 49.60.040(11)) in the state's anti-discrimination law for non-profit "religious or sectarian" organizations. Plaintiff in the case, who claimed pregnancy discrimination, had argued that the hospital was estopped from asserting the religious exemption because of non-discrimination promises made in its employee handbook, but the court found she did not show that she was ever given a copy of the handbook or that the policy in it, as opposed to that in the union's collective bargaining agreement, applied to her.

Group Promotes Options For Prayer At Graduation Ceremonies

Liberty Counsel yesterday announced its Ninth Annual "Friend or Foe" Graduation Prayer Campaign designed to "educate and, if necessary, litigate to ensure that prayer and religious viewpoints are not suppressed during graduation ceremonies." A legal memo that the group has produced says:

Prayer can still be conducted at public school graduations if school officials use secular criteria to invite the speaker, and once there, the speaker voluntarily prays. A valedictorian, salutatorian, or class officer can also voluntarily pray as part of the ceremony. The student body can elect a class chaplain or elect a class representative for the specific purpose of prayer. Part of the school program can be given over to the students and therefore be student-led and student-initiated. A parent and/or student committee can create and conduct part of the ceremony and, therefore, avoid state involvement. The ceremony can be conducted off the school premises by private individuals, and therefore no state involvement would occur. The school may also adopt a free speech policy which allows the senior class an opportunity to devote a few minutes of the ceremony to uncensored student speech that can be secular or sacred. Finally, private individuals can sponsor public school graduations on or off the public campus.

Moldova Registers Muslim Group

Radio Free Europe yesterday reported on reaction to the decision by Moldova's Justice Ministry last month to officially register the Islamic League as an NGO representing Moldova's Muslims.The head of the Orthodox Church, Metropolitan Vladimir, called the recognition "a humiliation" for the country's Christians.  Opposition to the recognition has become an issue used by the county's conservative Communist Party to consolidate its base in advance of June's local elections.

4th Circuit Oral Arguments In County Commissioners' Prayer Case Now Available

The U.S. Fourth Circuit Court of Appeals now has posted online a recording of the oral arguments in Joyner v. Forsyth County, North Carolina. In the case, a federal district court ruled that the Forsyth County Board of Commissioners' invocation policy, as implemented, violates the Establishment Clause because they advance one particular faith and have the effect of affiliating the Board with that faith. (See prior posting.) Last week's Christian Post reports on the oral arguments. Don Byrd also has transcribed excerpts from the arguments.

Fired Church Bookkeeper's Suit Dismissed; Involves Church Discipline of Priests

The Louisville (KY) Courier-Journal reports that a Jefferson County (KY) state court judge has dismissed a lawsuit brought by a former bookkeeper at Louisville's St. Therese Catholic Church who claims she was fired for objecting to the fact that a priest who was on probation for sexually abusing a teenager was residing on parish property in violation of Archdiocese policy. (See prior posting.)  The court said in part:

The plaintiff's claims … all stem from their disagreement with how the Archdiocese of Louisville has dealt with priests who have either been convicted of, or accused of sexual misconduct.… State civil courts do not have authority to decide these disputes.

Pakistan Court Orders Shrine To Open At Night For Observance

In Pakistan, authorities have been closing Lahore's Shrine of Hazrat Bibi Pak Daman for security reasons after 8:00 p.m. each night.  Yesterday's Daily Times of Pakistan reports that a lawsuit has been filed challenging the closure as a violation of religious freedom because Muslims have the obligation to recite the Qur'an and offer prayers during the night. Yesterday the Lahore High Court issued an interim order granting partial relief. It ordered authorities to keep the shrine open all night on the annual urs-- the death anniversary of the saint honored by the shrine.

Civil Rights Commission Holds Hearing on Bullying as Colorado Governor Signs New Law

Last Friday, the U.S. Commission on Civil Rights held a briefing on the federal response to Peer-to-Peer Violence and Bullying. According to the release announcing the briefing, it was to concentrate on bullying where students are targeted due to their race, national origin, religion, disability, gender, or LGBT-status. A two-hour long video of testimony by numerous witnesses at the briefing has been posted online by the Commission. Meanwhile, on Friday Colorado became the 12th state to enact anti-bullying legislation as Gov. John Hickenlooper signed HB 1254 that focuses on bullying, including cyber-bullying, of students. The new law defines bullying broadly, but provides that it is not intended to prevent the expression of religious, political or philosophical views. Fox31 News and Passport Magazine both report on the new law. [Thanks to Michael Lieberman for the lead.]

Vatican Gives Bishops One Year To Develop Guidelines To Deal With Sex Abuse

Zenit reported yesterday that the Vatican's Congregation for the Doctrine of the Faith has instructed each country's Conference of Bishops to develop guidelines for dealing with sexual abuse of minors by clergy or members of religious orders.  In order to assist, the Vatican has released a Circular Letter that sets out suggested principles that should be reflected in these guidelines. An Introduction to the Abuse Guidelines by Cardinal Levada gives Bishops a May 2012 deadline for the submitting their guidelines to the Vatican. A summary of the Vatican's actions was also released by the Vatican Press Office. The Circular Letter suggests in part, the following principles:

The Church, in the person of the Bishop or his delegate, should be prepared to listen to the victims and their families, and to be committed to their spiritual and psychological assistance....

The accused cleric is presumed innocent until the contrary is proven.

Nonetheless the bishop is always able to limit the exercise of the cleric’s ministry until the accusations are clarified. If the case so warrants, whatever measures can be taken to rehabilitate the good name of a cleric wrongly accused should be done

.... Sexual abuse of minors is not just a canonical delict but also a crime prosecuted by civil law. Although relations with civil authority will differ in various countries, nevertheless it is important to cooperate with such authority within their responsibilities. Specifically, without prejudice to the sacramental internal forum, the prescriptions of civil law regarding the reporting of such crimes to the designated authority should always be followed. This collaboration, moreover, not only concerns cases of abuse committed by clerics, but also those cases which involve religious or lay persons who function in ecclesiastical structures.

Church's Challenge To Exclusion From Jail's Treatment Programs Is Dismissed

The Santa Rosa (FL) Press Gazette reports that last week a Florida federal district court dismissed a civil rights lawsuit that had been brought against the Santa Rosa County (FL) Sheriff's Office by a church and its pastor. The First Apostolic Church of Milton and its pastor Larry Webb claimed that the county jail's Interfaith Ministries Board and Sheriff Wendell Hall had excluded the church's substance abuse treatment program from the jail because of doctrinal differences over proper baptism rites. (See prior posting.) The jail's chaplain, however, says that the Church refused to permit anyone from the Interfaith Ministries Board to work with the program. Only members of the First Apostolic Church could run the classes. The jail changed treatment programs when the church stopped furnishing class rosters to the jail.

Cert. Denied In Challenge To Oath At Presidential Inauguration

Yesterday the U.S. Supreme Court denied certiorari in Newdow v. Roberts, (Docket No. 10-757, 5/16/2011). (Order List.) In the case, the D.C. Circuit Court of Appeals dismissed an Establishment Clause challenge to prayer and the use of "so help me God" by the Chief Justice in administering the oath at Presidential inauguration ceremonies. Two Circuit court judges voted to dismiss on mootness and standing grounds, while the third voted to dismiss on the merits. (See prior posting.) Chief Justice Roberts, who was one of the defendants in the case, did not take part in the Supreme Court's decision to deny review. The Christian Science Monitor reports on the decision. [Thanks to Bob Ritter for the lead.]

Cert. Granted In Case That May Impact Prisoner Free Exercise Claims

Today the U.S. Supreme Court granted certiorari in Minneci v. Pollard, (Docket No. 10-1104) (Order List) to determine the extent to which prisoners may bring Bivens actions for violation of their constitutional rights against employees of private companies that contract with the federal government to operate federal prisons where the company employees have no direct employment relationship with the government. (Petition for certiorari.)  The 9th Circuit held that an action could be brought by an inmate against guards employed by the private contractor who failed to take account of plaintiff's injured arm in their treatment of him. (Background from SCOTUS Blog.) While the case does not directly raise prisoner free exercise issues, many prisoner free exercise claims involve religious diets in prisons where the food service is handled by outside contractors. The availability of a free exercise claim against these employees may well be impacted by the court's ultimate decision in Minneci. However, separately, damage claims in these free exercise cases are significantly limited by the provision in 42 U.S.C. § 1997e(e) that precludes a prisoner from bringing an action for mental or emotional injury without a showing of physical injury as well.

Students Offered Prayer Before Public School Tests At Church

Atlanta's WSBTV last week reported on concerns of some parents about activities of members of Lilburn, Georgia's Mountain Park First Baptist Church.  Gwinnett County's Parkview High School was using the church building on Wednesday and Thursday for Advanced Placement testing because of space and crowding concerns at the school. As students entered the church building, church volunteers approached them offering to pray with them.  School officials asked the church to stop the practice, but apparently it continued on Thursday. The church's pastor said: "We never thought that would be an issue. We thought being able to help anybody particularly on a testing would be helpful to them."