Czech Government Proposes Settlement For Nationalized Church Property

In the Czech Republic, another attempt is being made to settle claims of churches for property that was nationalized after the Communist takeover of Czechoslovakia in 1948.  An agreement between a government committee and religious orders reached in 2007 (see prior posting) did not obtain sufficient votes in Parliament for its approval. According to the Prague Daily Monitor last week, now a government commission has proposed that 56% of the churches' former property (mainly fields, forests and ponds) be returned to them, and that they be compensated the equivalent of $3.55 billion (US) over periods of up to 30 years for the remaining land. These figures may be adjusted as it is determined what to do with property now in military areas.

In an article last Friday, the Prague Daily Monitor reported additionally that the Defense Ministry, as part of a plan to reduce the number of military training areas, is willing to return additional forest land plus 5 church buildings on property now held by the military. This would reduce the compensation for remaining lands to $3.43 billion. These proposals will become the basis of negotiations with the Czech Ecumenical Council of Churches. The goal of the settlement is to make churches financially independent. Currently they receive the equivalent of  $9 million (US) from the government each year. The opposition Social Democratic Party has criticized the proposed settlement. It wants the settlement funds to go to a special foundation created by the government and managed by the churches.

Texas Governor Spearheads Christian Prayer Meeting For U.S. To Be Held In August

Reuters yesterday reported on an event initiated by Texas Governor Rick Perry-- "The Response: A Call To Prayer for a Nation In Crisis." Scheduled for Reliant Stadium in Houston, Saturday August 6, the event is billed as "a non-denominal, apolitical Christian prayer meeting [that] has adopted the American Family Association statement of faith." The AFA is financing the event. The event's website features an invitation to "Fellow Americans" from Gov. Perry which reads:

Right now, America is in crisis: we have been besieged by financial debt, terrorism, and a multitude of natural disasters. As a nation, we must come together and call upon Jesus to guide us through unprecedented struggles, and thank Him for the blessings of freedom we so richly enjoy.

Some problems are beyond our power to solve, and according to the Book of Joel, Chapter 2, this historic hour demands a historic response. Therefore, on August 6, thousands will gather to pray for a historic breakthrough for our country and a renewed sense of moral purpose.

I sincerely hope you’ll join me in Houston on August 6th and take your place in Reliant Stadium with praying people asking God’s forgiveness, wisdom and provision for our state and nation. There is hope for America. It lies in heaven, and we will find it on our knees.

[Thanks to Scott Mange for the lead.] 

U.S. Bishops Will Vote On Statement Opposing Physician-Assisted Suicide

According to a press release last week, the U.S. Conference of Catholic Bishops this month will debate and vote on a policy statement on physician assisted suicide. At the Bishops' Spring General Assembly, June 15-19, participants will vote on a document titled "To Live Each Day With Dignity." Concerned with a growing movement to legalize physician-assisted suicide, the draft document says that the practice does not promote compassion because its focus is on eliminating the patient, not on eliminating suffering.

Recent Articles of Interest

From SSRN:

• Alexander Volokh, Prison Vouchers, (University of Pennsylvania Law Review, Forthcoming).
• Nicholas Walter, The Status of Religious Arbitration in the United States and Canada, (Santa Clara Law Review, Forthcoming).
• Sadaf Mehmood, Islam and Modern Ideologies, (2011).
• Julio C. Colon, Choice of Law and Islamic Finance, (Texas International Law Journal, Vol. 46, No. 2, 2011).
• Edward A. Zelinsky, Winn and the Inadvisability of Constitutionalizing Tax Expenditure Analysis, (Yale Law Journal Online, Vol. 121, p. 25, 2011).
• Mary Jean Dolan, The Cross National Memorial: At the Intersection of Speech and Religion, (Case Western Reserve Law Review, Vol. 61, No. 4, 2011).
• Michael Sant'Ambrogio and Sylvia A. Law, Baehr v. Lewin and the Long Road to Marriage Equality, (University of Hawaii Law Review, Vol. 33, 2011).
• Jackie Gardina, The Defense of Marriage Act, Same-Sex Relationships and the Bankruptcy Code, (May 23, 2011).
• Carolyn M. Evans and Beth Gaze, Discrimination by Religious Schools: Views from the Coal Face, (Melbourne Univeristy Law Review, Vol. 34, No. 2, 2010).

From SmartCILP:

• Conference: Laicite in Comparative Perspective. Foreword by Mark L. Movsesian; panel participation by Michael Simon, Mark L. Movsesian, and Marc O. DeGirolami, moderators; Douglas Laycock, Mark L. Movsesian, Nathalie Caron, Blandine Chelini-Pont, Rosemary C. Salomone, Emmanuel Tawil, Nina J. Crimm, Javier Martinez-Torr¢n and Elizabeth Zoller, panelists. 49 Journal of Catholic Legal Studies 1-142 (2010).

Church's RLUIPA Challenge To Zoning Denial Is Rejected

In Wesleyan Methodist Church of Canisteo v. Village of Canisteo, 2011 U.S. Dist. LEXIS 58586 (WD NY, June 1, 2011), a New York federal district court held that a church had failed to plausibly plead that denial of its zoning request by the Village of Canisteo, NY imposed a substantial burden on the church's free exercise rights under RLUIPA.  The city refused to permit building of a church in a light industrial zone. However, several other alternatives were available to the church, including building new structures on its existing property.

Recent Prisoner Free Exercise Cases

In Hayes v. State of Tennessee, (6th Cir., June 1, 2011), the 6th Circuit rejected an inmate's claim that his free exercise rights were infringed when Tennessee Department of Corrections policies were applied to deny him white supremacist religious literature mailed to him, even though another inmate had been given access to the same material. However the inmate was permitted to move ahead with his claim that the denial violated his rights under RLUIPA. ABA Journal reports on the decision.

In Garret v. Billings, 2011 U.S. Dist. LEXIS 56460 (ED CA, May 25, 2011), a California federal magistrate judge  dismissed, with leave to amend, a Muslim inmate's complaint that he was only allowed two ounces of prayer oil per quarter and that he and other Muslims were denied access to the prison's multipurpose chapel.

In Reiss v. Stansel, 2011 U.S. Dist. LEXIS 56655 (D AZ, May 24, 2011), an Arizona federal district court permitted an inmate who claimed to be Jewish to move ahead with claims that he was not provided a kosher diet, was denied access to the facility's chapel, and denied access to a Torah and Siddur (prayer book). However the court dismissed his complaint regarding the lack of Jewish congregate services, and dismissed the official capacity claims against defendants.

In Rider v. Yates, 2011 U.S. Dist. LEXIS 57710 (ED CA, May 31, 2011), a California federal magistrate judge rejected a claim by a state prisoner that his rights were violated when unidentified prison mail room staff confiscated tarot cards, incense, an incense burner, and a set of gem stones sent as a donation to the Lefthand Path, a religion in which Plaintiff was a high priest.

In Davis v. Abercrombie, 2011 U.S. Dist. LEXIS 58011 (D HI, May 27, 2011), an Hawaii federal magistrate judge denied a change of venue from Hawaii to Arizona in a case brought by several inmates who were convicted in Hawaii but were moved to privately operated correctional facilities in Arizona. Plaintiffs claimed that the Arizona facility does not let them practice their native Hawaiian religion.

Child's Exposure to Santeria Ritual Constitutes Neglect-- No Free Exercise Claim Raised At Trial

In New Jersey Division of Youth and Family Services v. Y.C., (NJ App., May 27, 2011), a New Jersey appellate court upheld a finding of child neglect against a mother who "arranged for her seven-year-old daughter to be subjected to a ceremony in which the child was handed over to strangers [located through the Internet], pricked with a needle on various parts of her body, and forced to watch animals being strangled and having their throats cut." While this was apparently a Santeria ritual, at trial the mother denied that the ceremony was based on her religious beliefs and said that instead it was a ceremony intended to keep her daughter safe while the mother enlisted in the armed forces. On appeal, for the first time the mother raised free exercise claims.  However the court rejected them because there was no evidence at trial of a religious basis for the ritual, and indeed the mother's counsel specifically argued at trial that religion was not an issue in the case. Absent that defense, the appeals court found that the record supported the trial judge's finding of abuse and neglect.

UPDATE: Ernesto Pichardo from Church of the Lukumi Babalu Aye tells me by e-mail that the ceremony described in the case is not Santeria, but instead is consistent with priesthood ordination in the African based religion originating in the Congo, known as Palo Mayombe in Cuba and Diaspora.

Anti-Semitism In the San Francisco Anti-Circumcision Proposal? [Revised and Corrected Posting]

The Jewish Journal reported Friday:

The backers of a ballot initiative in San Francisco aiming to ban circumcision in that city have consistently maintained that their efforts are not anti-Semitic.

But the “Foreskin Man” comic book, which was written and edited in 2010 by the founder of a San Diego group supporting efforts to ban circumcision in San Francisco and Santa Monica, gives further credence to the accusation that so-called intactivists are in fact motivated by anti-Semitism.....

Lloyd Schofield is the official backer of the San Francisco initiative, which uses text from the group MGMbill.org, a San Diego-based group established by Matthew Hess. Hess is credited alongside the comic book’s illustrator and colorist on the comic’s website.

In response to a question about his motivations, Hess said that he and his supporters are, first and foremost, human rights activists.

(An earlier version of this posting incorrectly identified the writer of the comic book.)

UPDATE: The Anti-Defamation League on Friday issued a statement condemning "the grotesque anti-Semitic images and themes" in the Foreskin Man comic books. Also, Sunday's New York Times carries an article reviewing the situation titled "Efforts to Ban Circumcision Gain Traction in California." [Thanks to Steven H. Sholk for the lead to the Times article.] 

Update2: Eugene Volokh has posted an interesting discussion of the appropriate approach to evaluating harsh criticisms of religious or cultural figures because of their attitudes or actions that have secular effects-- like the Foreskin Man comic book.

Texas Legislature Passes Bill Allowing Condo Owners To Affix Mezuzahs To Door Frames

Last week the Texas Legislature passed and sent to the governor for his signature H.B. 1278 which bars condominium property owners' associations from adopting restrictive covenants that would prevent Jewish property owners or residents from placing a mezuzah on the door of their home. The law is limited to religious items whose display is motivated by the owner's or resident's sincere religious beliefs that are placed on the entry door or door frame and which are not over 25 square inches in size. The law allows condo associations to ban  and remove items that contain language or graphics that are patently offensive to a passer-by or which threaten public health or safety. A press release from Chabad on the bill's passage says that it is unclear whether or not Gov. Rick Perry will sign the bill into law.

Two More Illinois Catholic Adoption Agencies Opt Out Over Civil Unions

According to a report in today's Chicagoist, two additional Catholic dioceses have followed the lead of Rockford Catholic Charities. (See prior posting.) Separately, Catholic Charities of Peoria and Joliet have informed the Illinois Department of Children and Family Services that they will no longer approve couples for foster care and adoption because of Illinois' new civil union law. The Catholic social service organizations refuse to place children with unmarried cohabiting couples, and they are concerned that they may face liability for applying that policy to couples in same-sex or opposite-sex civil unions. The groups want legislation that will explicitly allow them to refer these couples to other adoption agencies.

U.S. House Holds Two Hearings On International Religious Freedom Issues

The U.S. House of Representatives Committee on Foreign Affairs has held two recent hearings on religious liberty issues. On June 2, the full committee held a hearing on Religious Freedom, Democracy, Human Rights in Asia: Status of Implementation of the Tibetan Policy Act, Block Burmese JADE Act, and North Korean Human Rights Act. Transcripts are available online of the prepared statements by Chairman Ileana Ros-Lehtinen, and witnesses Ambassador Robert King, Deputy Assistant Secretary Daniel B. Baer, Deputy Assistant Secretary Joseph Yun, Richard Gere of the International Campaign for Tibet, Chuck Downs of the Committee for Human Rights in North Korea, Aung Din of the U.S. Campaign for Burma, and Sophie Richardson of Human Rights Watch.

On June 3, the Subcommittee on Africa, Global Health and Human Rights held a hearing on Prioritizing International Religious Freedom in U.S. Foreign Policy. Transcripts are available online of testimony by USCIRF's Leo Leonard, Thomas Farr of the Religious Freedom Project, Joseph Grieboski of the Institute on Religion and Public Policy, and Brian Grim of the Pew Center's Forum on Religion and Public Life. [Thanks to Tom Farr for the lead.]

5th Circuit: Valedictorian's Prayer Is Back At Graduation Ceremony

The U.S. 5th Circuit Court of Appeals yesterday dissolved a Texas federal district court's temporary restraining order and preliminary injunction that had barred student speakers at Medina Valley High School in Texas from leading the audience in an invocation and benediction at today's graduation ceremonies. The valedictorian who planned to deliver one of the prayers had sought to intervene in the lawsuit. (See prior posting.) In a brief opinion in Schultz v. Medina Valley Independent School District,  (5th Cir., June 3, 2011), the court said:

On this incomplete record..., we are not persuaded that plaintiffs have shown that they are substantially likely to prevail on the merits, particularly on the issue that the individual prayers or other remarks to be given by students at graduation are, in fact, school sponsored.... [T]he school has apparently abandoned including the words "invocation" and "benediction" on the program.

According to the San Antonio Express News, the district court order had attracted attention from around the country. The district court had received some 500 calls protesting its decision and the AGAPE Movement  prepared to bus in demonstrators to support the students who wished to pray. The student who originally challenged the planned prayers says he and his family will not attend the graduation. [Thanks to Kelly Shackelford for the lead.]

Kentucky Appeals Court Upholds Convictions of Amish For Refusing To Display Vehicle Emblem

In Gingerich v. Commonwealth of Kentucky, (KY Ct. App., June 3, 2011), the Kentucky Court of Appeals upheld the convictions of nine members of the Old Order Swartzentruber Amish sect for violating KRS 189.820 that requires slow-moving vehicles (such as Amish horse-drawn buggies) to display a fluorescent yellow-orange triangle with a dark red reflective border.  Appellants argued that the statute infringed their free exercise of religion, free speech and that the statute was selectively enforced against them. The court rejected arguments by the Amish that the court should use a "strict scrutiny" test in determining whether the statute violated their religious freedom as protected by the Kentucky constitution. The court said that the statute:

does not infringe upon Appellants’ right to exercise their religion by restricting their religious worship rituals or enforcing compulsory conduct to which they are conscientiously opposed. Instead, the statute serves as a condition to utilizing a certain privilege: the use of state roads.

The court went on to observe:

Assuming arguendo that strict scrutiny is the appropriate analysis in this case, KRS 189.820 would still pass constitutional muster. Clearly, the compelling reason of the government is to promote highway safety for everyone who uses the roads. The argument that the Commonwealth failed to show such an interest is unreasonable.

Finally, the court rejected appellants' selective enforcement argument. The Louisville Courier Journal reports on the decision. (See prior related posting.)

Religious Freedom Ambassador Sworn In

Suzan Johnson Cook was formally sworn in yesterday as the U.S. Ambassador-at-Large for International Religious Freedom.  Secretary of State Clinton, speaking at Cook's swearing-in ceremony (full text of remarks) said in part:

she and I will work in very close partnership in defending the values that those of us in this room hold so dear. Now, there is no doubt we will be busy, because around the world authoritarian regimes abuse their own citizens, violent extremists attempt to exploit sectarian tensions, and religious freedom is under threat from both quiet intolerance and violent attacks. The Obama Administration is dedicated to the rights of all people everywhere. Everyone, no matter his or her religion, should be allowed to practice their beliefs freely and safely.

U.S. Will Not Attend Commemoration of Durban Conference Because of Anti-Semitism In Original Proceedings

AP reported yesterday that in a letter from Acting U.S. Assistant Secretary of State for Legislative Affairs Joseph Macmanus to New York Senator Kirsten Gillibrand, the administration disclosed that the U.S. will not participate in the United Nations' 10-year commemoration of the 2001 World Conference Against Racism. Macmanus said that the Durban process being commemorated "included ugly displays of intolerance and anti-Semitism." In December, Gillibrand had coordinated a letter signed by 18 Senators expressing concern about the Conference which will be held in New York City beginning Sept. 21. (Text of Gillibrand letter and her response to U.S. announcement.) At a State Department press briefing yesterday (full text), Department Spokesman Mark Toner confirmed the U.S. position. Numerous Jewish groups have applauded the Administration's decision.

9th Circuit Rejects Bid For Paid Position By Wiccan Prison Chaplain

In McCollum v. California Department of Corrections and Rehabilitation, (9th Cir., June 1, 2011), the U.S. 9th Circuit Court of Appeals rejected claims by a volunteer Wiccan chaplain in the California prison system that he should have been considered for one of the paid chaplaincy positions that now are given to Protestant, Catholic, Jewish, Muslim and Native American clergy.  The court concluded that many of the chaplain's claims were derivative of inmate's claims, and the inmate plaintiffs were dismissed because their claims were untimely or they had failed to exhaust administrative remedies. It rejected the chaplain's claims that he had eitehr third-party or taxpayer standing to assert the religious rights of Wiccan inmates.  Finally the court concluded that the trial court had properly dismissed the chaplain's own claims that he was denied equal protection of the laws, his claims that Title VII and the California Fair Housing Act had been violated, his retaliation claim, and his claim under RLUIPA. SF Weekly reports on the decision. (See prior related posting.)

2nd Circuit Upholds NYC Rule Barring After Hours School Use For Worship Services

In Bronx Household of Faith v. Board of Education of the City of New York, (2d Cir., June 2, 2011), the 2nd Circuit, in a 2-1 decision, upheld the New York Board of Education's policy that bars use of school facilities by outside groups after school hours for "religious worship services," even though facilities were available for many other kinds of activities. The majority, in an opinion by Judge Leval, concluded:

the challenged rule does not constitute viewpoint discrimination because it does not seek to exclude expressions of religious points of view or of religious devotion, but rather excludes for valid non-discriminatory reasons only a type of activity – the conduct of worship services. We also conclude that because Defendants reasonably seek by the rule to avoid violating the Establishment Clause, the exclusion of religious worship services is a reasonable content-based restriction, which does not violate the Free Speech Clause.

Judge Calabresi wrote a concurring opinion.  Judge Walker dissented, arguing that the regulation imposes "impermissible viewpoint discrimination against protected speech and is unsupported by a compelling state interest."

This is the fourth time the Court of Appeals was presented with the dispute involving attempts by Bronx Household of Faith to use school space for its Sunday worship services. (See prior posting.)  Reuters and the New York Law Journal report on the 2nd Circuit's decision.

Valedictorian Moves To Intervene In School's Appeal of Graduation Ban On Prayer

As previously reported, earlier this week a Texas federal district court judge in Schultz v. Medina Valley Independent School District, (WD TX, June 1, 2011), issued a preliminary injunction barring the official listing of an invocation or benediction in the graduation program for Medina Valley (TX) High School, and ordering school officials to instruct students previously chosen to deliver the invocation and benediction to change their presentation to be a statement of their own belief as opposed to leading the audience in prayer. The students are not to end their presentations with "amen" or a statement that they are praying in Jesus' name. School officials appealed the judge's order to the U.S. 5th Circuit Court of Appeals.  Yesterday, Liberty Institute [corrected] issued a press release disclosing that it has filed an emergency motion with the 5th Circuit on behalf of the school's valedictorian, claiming that the district court's order amounts to an unconstitutional prior restraint on her speech. The motion (full text) alleges:

[Valedictorian Angela] Hildenbrand intends that her graduation address include words on permissible subjects from a religious viewpoint. During her address, based upon her sincerely held religious beliefs, she desires to pray and speak the words ―Lord, ―in the name of Jesus, and ―Amen. She also intends to make clear that her words are in her personal capacity as a citizen and of her own choosing; her school has neither sanctioned nor condoned them.

Meanwhile yesterday, Texas Attorney General Greg Abbott announced that he had filed an amicus brief supporting valedictorian Angela Hildenbrand's position.

Victoria Parliament Votes To Expand Religious Exemptions To Equal Opportunity Act

After a narrow defeat last week resulting from one member of the Legislative Assembly missing the vote (see prior posting), yesterday in Australia, Victoria's Legislative Assembly passed the Equal Opportunity Amendment bill (full text). The bill creates additional exceptions to the state of Victoria's anti-discrimination law that takes effect next month.  One of the changes the bill makes is to eliminate the requriement that in order for religious bodies and religious schools to hire based on religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity, they must show that conforming with the doctrines of the religion is an inherent requirement of the job. According to Parliament's Explanatory Memorandum:  "By removing the inherent requirements test, employment will become one of the types of action covered by the general religious exception to apply to a religious body in section 82 of the Principal Act."

The Melbourne Herald Sun reports that the debate in the Legislative Assembly was bitter.  Questions were raised as to whether it is legal to have a re-vote during the same session on a bill that was once voted down.  The government took the position that when the initial result was impacted because an MP accidentally missed the vote, a new vote is allowed by analogy to rules of Australia's federal Parliament. Opposition leaders claimed that Community Services Minister Mary Wooldridge actually deliberately missed the vote last week.  Also in the debate, opponents of the bill charged that Attorney General Robert Clark, who supported the bill, was homophobic.

Following passage by the Legislative Assembly, the Legislative Council passed the bill on its first reading.

Baptists Can Proselytize At Catholic Festival-- But No Bull Horns

A group of Baptist proselytizers have won the right to distribute pamphlets and speak with attendees on public streets around a Catholic Church where the Church annually holds a festival. However they are precluded from using bull horns to convey their views.  Since 2008, plaintiffs have proselytized with their anti-Catholic message at St. Symphorosa Church's annual Family Fest.  The festival is held on church grounds and the sidewalks surrounding the Church under a permit issued by the city. In Teesdale v. City of Chicago, 2011 U.S. Dist. LEXIS 57925 (ND IL, May 26, 2011), an Illinois federal district court held that police had probable cause in 208 to arrest one of the proselytizers, Frank Teesdale, for disorderly conduct for using a bullhorn to proselytize on the Festival sidewalks. However the court issued a declaratory judgment affirming the right of  nine or fewer members of the Garfield Ridge Church to distribute leaflets, speak to those in attendance (but not use a bullhorn), and to carry one 4-foot banner as well as non-pole signs on the public streets where the festival is being held. This decision disposes of issues not resolved in March 2010 decision by the court. (See prior posting.)