Atheists Complain Over Renaming of Brooklyn Street As "Seven In Heaven"

Monday's Brooklyn Paper reports that American Atheists has complained over the renaming of a portion of a Brooklyn, New York street to honor seven firefighters who were among those killed at the Twin Towers on 9-11.  The new street sign in honor of the men reads "Seven In Heaven Way." American Atheist spokesman David Silverman said: "It’s improper for the city to endorse the view that heaven exists. It links Christianity and heroism." Community Board 6 member Tom Miskel responded: "Almost every religion has some form of heaven. It’s not just specific to Christianity."

Australian Judge Acquits Woman Who Could Not Be Identified Because She Wore Burqa

A new debate over women wearing the burqa has broken out in Australia after a district court judge on Monday reversed a magistrate's conviction of a woman for filing a false police report.  Carnita Matthew was charged after a police video proved false a claim that police tried to tear her burqa off her face when she was stopped for  a random traffic breath test and then cited for improper display of her license plates. The judge reversed the conviction because the woman who filed the police report was wearing a burqa at the time and the court concluded that it could not be proved beyond a reasonable doubt that the woman was Ms. Matthew. He was also unconvinced that the woman filing the report knew it was false.  Australia's Telegraph, reporting on the case, says that Matthew has a long history of traffic tickets and non-payment of traffic fines. The government is considering a new requirement that anyone giving a report to police furnish a fingerprint along with their signature.  The government is waiting for the judge's full written opinion before deciding whether to appeal.

Groups Urge Obama To End Religious Hiring By Faith-Based Government Contractors

A group of 52 national organizations yesterday sent a letter (full text) to President Obama urging him to rescind an executive order issued in 2002 by President George W. Bush that allows religious organizations which contract with the government to nevertheless use religious criteria in their hiring. According to a press release from Americans United, yesterday was chosen as the day to send the letter because it was the 70th anniversary of the country's first executive order barring discrimination by federal government contractors.  That order, issued by Franklin Roosevelt, prohibited employment discrimination by defense contractors on the basis of race, creed, color, or national origin. (See prior related posting.)  [Thanks to Michael Lieberman for the lead.]

Argentina Court Says Title "Rabbi" Cannot Appear Next To Candidate's Name On Ballot

In Buenos Aires, Argentina, a court has ruled that a rabbi who is heading the PRO party's list of candidates for city legislature may not use the title "Rabbi" next to his name on the ballot. Bergman was picked by Mayor Mauricio Macri to head the party list.  Haaraetz reported Monday that even though Rabbi Sergio Bergman, a prominent leader of Argentina's Jewish community, is best known to the public as Rabbi Bergman, the court held that the title "rabbi" has a positive connotation and thus cannot appear next to Bergman's name as it is presented to voters.

Lawsuits Challenge County School Voucher Program

Two lawsuits were filed yesterday challenging on state constitutional and statutory grounds a pilot school voucher program enacted by the Douglas County, Colorado, Board of Education.  At issue is a program that will provide up to 500 students now enrolled in the county's public schools scholarships to attend approved Private School Partners. Of the schools approved for the program so far, 14 of 19 are sectarian religious schools. The first of the two lawsuits (press release) was filed by the ACLU and Americans United. The complaint (full text) in LaRue v. Colorado Board of Education, (CO Dist. Ct., filed 6/21/11), alleges that the Choice Scholarship Plan violates numerous provisions of the Colorado constitution dealing with education and religious neutrality, as well as the state's Public School Finance Act. A second similar lawsuit was filed by Taxpayers for Public Education, an organization of Colorado parents and taxpayers. (Press release). Education News Colorado reports on the lawsuits.

Court Upholds Constitutionality of RLUIPA Land Use Provisions

In Chabad Lubavitch of Lichtfield County, Inc. v. Borough of Lichtfield, Connecticut, (D CT, June 20, 2011), a Connecticut federal district court upheld the constitutionality of several of the land use provisions of RLUIPA.  This holding allowed Chabad to move ahead with its RLUIPA challenge to Lichtfield's denial of its application to restore and add onto a Victorian building located in an historic district. (See prior posting.) However the court held that Chabad's rabbi (as opposed to the organization) lacked standing to pursue a RLUIPA claim because he had no property interest in the building separate from Chabad's.

In discussing the constitutionality of RLUIPA, the court held that any substantial burden on Chabad's free exercise here would necessarily burden interstate commerce because of the building construction involved.  It also concluded that RLUIPA does not violate the Establishment Clause merely because it singles out religion for protection against unequal treatment. [Thanks to Eric Treene for the lead.]

Court Says First Amendment Precludes Jurisdiction Over Suit For Injuries During Healing Service

In Kubala v. Hartford Roman Catholic Diocesan, 2011 Conn. Super. LEXIS 1260 (CT Super. Ct., May 20, 2011), a Connecticut state trial court dismissed a lawsuit brought against a Catholic priest, his church and the Hartford Diocese seeking damages for injuries plaintiff received when, during a Catholic Charismatic Renewal healing service, she was physically injured.  When plaintiff was "prayed over" during the service, she fell backward, hitting her head and sustaining painful injuries. She claimed the injuries were the result of defendants failing to exercise the degree of care usual for such services. The court concluded that the  federal and state constitutions' free exercise and establishment clauses preclude it from deciding the case.  The claim is essentially one of clergy malpractice. "[S]ince the plaintiff's claims are inextricably intertwined with the religious context in which the incident occurred, the court cannot apply neutral principles of secular law to this case."

Free Exercise Challenge To Health Care Reform Law Dismissed In April Decision

Calvey v. Obama, (WD OK, April 26, 2011), while decided two months ago, has just now appeared on LEXIS and has received little general attention.  It is a decision on standing and ripeness of challenges by numerous plaintiffs in an Oklahoma federal district court to the constitutionality of last year's federal health care reform act. In dismissing some, but not all, of the claims, the court rejected a free exercise claim by plaintiffs who argued that the Affordable Care Act forces them to contribute to the funding of abortion in violation of their rights of conscience and free exercise of religion. The court wrote:

Plaintiffs have failed to identify a provision of the ACA that requires them to contribute to the funding of abortion, much less identified a provision of the ACA that requires them to purchase health insurance from an insurer that provides insurance coverage for abortions and/or that any part of the premiums the Plaintiffs will pay for health care insurance will necessarily be used, at least in part, to pay for abortions. Absent such allegations, Plaintiffs have failed to allege a future or threatened injury that is concrete and not conjectural or hypothetical or one which is fairly traceable to the ACA or the actions of the Defendants.

Egypt's Al-Azhar Calls For Modern Democratic Nation

In Egypt, Al-Azhar, the country's pre-eminent center of Sunni learning, issued a document calling for the country to be a modern democratic state.  According to reports from AlMasryAlYoum and Daily News Egypt, the document that was drafted by Al-Azhar and a number of Egyptian intellectuals defines the relationship between Islam and the state, and is considered to be a draft constitution. It provides that sharia law should remain "the essential source of legislation," but calls for Christians and Jews to have their own judicial tribunals. It calls for "the protection of places of worship for the followers of the three monotheistic religions" and considers "incitement of confessional discord and racist speech as crimes against the nation." It provides for care for all Egyptians without discrimination on the basis of gender or religion, and lists health, education and scientific research as priorities. In a news conference announcing the document, Al-Azhar's Grand Imam Sheikh Al-Tayeb also called for the independence of Al-Azhar, with its imam being elected by Muslim Senior Scholars Authority instead of being appointed by the government.

Break-Away Presbyterian Church In Missouri Can Keep Its Property

According to The Layman Online, a Missouri state trial court has ruled in favor of the break-away Colonial Presbyterian Church, one of Kansas City's largest Presbyterian congregations, in its land ownership dispute with the Presbyterian Church USA. The congregation is one of many Presbyterian congregations that have moved their affiliation to the more conservative New Wineskins Association of Churches.  In Colonial Presbyterian Church v. Heartland Presbytery, (MO Cir. Ct., June 9, 2011), the court, applying the "neutral principles of law" approach, held that the provision in the PCUSA Book of Order that all property of a particular church is held "is held in trust ... for the use and benefit of the Presbyterian Church (USA)" is insufficient under Missouri law to create a trust over the church's property. [Thanks to Anglican Curmudgeon for the lead.]

Plaintiffs Voluntarily Dismiss Challenge To Parsonage Allowance.

A press release yesterday from the Pacific Justice Institute reports that the Freedom from Religion Foundation and 21 of its members, represented by Michael Newdow, have filed a voluntary dismissal of their federal court lawsuit challenging the constitutionality of the parsonage allowance given to clergy in the federal and California tax codes.  Apparently the dismissal was impelled by the fact that plaintiffs had not asked federal and state tax officials for relief before filing suit.

Britain's Equality Commission Releases Study on Religious Discrimination

Britain's Equality and Human Rights Commission yesterday released a report titled Religious Discrimination in Britain: A Review of Research Evidence, 2000-10.  The report says that its aims were:

to identify and review:
• quantitative and qualitative evidence of religious discrimination;
• any evidence about whether religious discrimination is increasing or decreasing;
• any differences in evidence between England, Wales and Scotland;
• ‘Islamophobia’ as a frame of reference for discrimination against Muslims; and
• gaps in the existing research and statistical evidence.

The Commission has also made available a related statistical briefing paper on Religion of Belief.

In a somewhat provocative interview with the Sunday Telegraph ahead of the release of the report, Commission Chairman Trevor Phillips said:

I understand why a lot of people in faith groups feel a bit under siege. They're in a world where there are a lot of very clever people who have a lot of access to the airwaves and write endlessly in the newspapers knocking religion and mocking God. The people who want to drive religion underground are much more active, much more vocal....

Our business is defending the believer. The law we're here to implement recognises that religious identity is an essential part of this society. It's an essential element of being a fulfilled human being.....

I think the most likely victim of actual religious discrimination in British society is a Muslim but the person who is most likely to feel slighted because of their religion is an evangelical Christian.

There are a lot of Christian activist voices who appear bent on stressing the kind of persecution that I don't think really exists in this country. There are some Christian organisations who basically want to have a fight and therefore they're constantly defining the ground in such a way that anyone who doesn't agree wholly agree with them about everything is essentially a messenger from Satan.

I think for a lot of Christian activists, they want to have a fight and they choose sexual orientation as the ground to fight it on. I think that whole argument isn't about the rights of Christians. It's about politics. It's about a group of people who really want to have weight and influence and they've chosen that particular ground.

Texas Governor Signs Mezuzah Bill

Last week Texas Gov. Rick Perry signed HB 1278 (full text).  The new law 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. When the bill was passed earlier this month, it was unclear whether or not the governor would sign it. (See prior posting.) Kate Shellnutt's blog at the Houston Chronicle reports on the bill's signing.

Priest Challenges Constitutionality of Law Barring Sex With Woman Seeking Spiritual Comfort

The St. Paul Tribune reports that in state court arguments today a Minnesota priest is challenging the constitutionality of a state statute, MN Stat 609.344,  that prohibits clergy from having sex with a person "during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private." The challenge comes as a defense in the prosecution of Catholic priest Christopher Wenthe for third-degree criminal sexual conduct for a year-long sexual relationship with a woman in her early 20's.  The woman had met Wenthe while attending a Catholic initiation class and later sought him out as a confessor. Wenthe's attorney says the statute is an overly broad attempt to regulate sexual behavior. He says the case raises the question of whether the woman could have a friendship with the priest that was not counseling under the statute. The Minnesota Supreme Court in the 2007 case of State v. Bussman rejected a vagueness challenge to the law, but divided equally on whether it violated the Establishment Clause. Ultimately it reversed defendant's conviction because the trial court had allowed church doctrine to become entangled with the meaning of the statute.

Pakistan TV Hosts First Religious Quiz Show

A leading Pakistani television channel, GEO TV, is broadcasting what it says is the first-ever large-scale religious quiz show.  According to Pakistan's The News, the game show Alif, Laam, Meem, which begins tonight, will be an entertaining attempt "to impart knowledge of religion in it’s entirety, be it Quran, Sunnah, religious history, literature, architecture or jurisprudence."

Charter School That Is Target of Establishment Clause Challenge Files Its Own Suit To Stay Alive

As previously reported, the ACLU of Minnesota is moving ahead with its Establishment Clause challenge claiming that a Minneapolis area charter school, the Tarek ibn Ziyad Academy, is promoting Islam. As reported earlier this month by the St. Paul Pioneer Press, new state legislation that takes effect June 30 bans out-of-state authorizers for charter schools, and in a settlement of the ACLU's litigation with it, Islamic Relief USA, the school's current authorizer, has agreed not to reincorporate in Minnesota. (See prior posting.) A trial on the merits of the ACLU's claim is set for November.  Facing imminent closure, TiZA's attempt to line up a new in-state authorizer that is acceptable to the state has been unsuccessful. An authorizing organization, Novation, has resubmitted an application after its first proposal was rejected by the state.

In an attempt to remain open, TiZA has gone to court. Last month a state court dismissed the school's lawsuit against Islamic Relief USA. The suit charged that IRUSA was obstructing TiZA's efforts to get a new sponsor.  Now, according to Minn Post last week, TiZA has filed suit in federal district court against IRUSA and the state Commissioner of Education. The complaint (full text) in Tarek Ibn Ziyad Academy v. Islamic Relief USA, (D MN, filed 6/15/2011) seeks a declaratory judgment that the Minnesota law limiting charter school sponsors to in-state organizations is unconstitutional as a violation of the due process and equal protection clauses, an impairment of the obligation of contracts and as a violation of the commerce clause. The suit also claims that IRUSA is improperly impeding TiZA's attempts to find a new sponsor.

Recent Articles of Interest

From SSRN:

• Pamela Edwards, Non-Mainstream Religions and the Law, (June 13, 2011).
• John Witte, Jr., Calvin the Lawyer, (Tributes to John Calvin on His 500th Birthday, David Hall and Martin Padgett, eds., pp. 1-23, 2010).
• Radwa S. Elsaman, Factors to Consider Before Arbitrating in the Arab Middle East: Religious and Legislative Constraints, (Journal of International Commercial Law, Vol. 3, p. 1, 2011).
• Patrick Nelson Leduc, Christianity and the Framers: The True Intent of the Establishment Clause, (Liberty University Law Review, Vol. 5, p. 201, 2011).
• Jane S. Schacter, Ely at the Altar: Political Process Theory Through the Lens of the Marriage Debate, (Michigan Law Review, Vol. 109, No. 8, 2011).

From SmartCILP:

• Sylvie Langlaude, The Rights of Religious Associations to External Relations: A Comparative Study of the OSCE and the Council of Europe, [Abstract], 32 Human Rights Quarterly 502-529 (2010).
• Guobin Zhu, Prosecuting "Evil Cults:" A Critical Examination of Law Regarding Freedom of Religious Belief in Mainland China, 32 Human Rights Quarterly 471-501 (2010).

Recent Prisoner Free Exercise Cases

In Ford v. Federal Bureau of Prisons, 2011 U.S. Dist. LEXIS 61978 (D CO, June 10, 2011), a Colorado federal district court accepted a magistrate's recommendations (2011 U.S. Dist. LEXIS 62014, May 24, 2011), and dismissed a complaint by a Nation of Islam inmate that he was not receiving a nutritionally adequate diet consistent with his religious beliefs. The court concluded that plaintiff had failed to show that his beliefs were sincerely held since he purchased food from the commissary that was inconsistent with his claimed dietary requirements.

In Marzuq v. Loury, 2011 U.S. Dist. LEXIS 62495 (D NJ, June 6, 2011), a Muslim inmate brought a free exercise claim contending that participation in the prison's Therapeutic Community was inconsistent with his religious beliefs. The court held that since the remedy plaintiff sought was restoration of good time credits that he lost when he was expelled from the TC program, he should have brought the suit as a habeas corpus action after exhausting state remedies.

In two opinions in Mahone v. Pierce County, 2011 U.S. Dist LEXIS 62619  and 2011 U.S. Dist. LEXIS 62588 (WD WA, June 10, 2011), a Washington federal district court adopted magistrate's recommendations  (2011 U.S. Dist. LEXIS 62617, May 23, 2011 and 2011 U.S. Dist. LEXIS 62589, May 24, 2011) and dismissed various claims from an inmate who claimed to be an African American Hebrew adherent of Judaism that he was being denied a kosher diet. Prison officials concluded that plaintiff's claims were not based on sincerely held religious beliefs.

In Gordon v. Lee, 2011 U.S. Dist. LEXIS 63433 (WD LA, June 16, 2011), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 63618, May 17, 2011) and dismissed a complaint by an inmate that he was not able to practice his Rastafarian religion. He was the only Rastafarian at the two facilities in which he had been incarcerated. Plaintiff sought a transfer to a different prison facility where he could practice his religion.

Purported Synagogue Sues Over Zoning Exemption For Hostels

The Forward this week reported on attempts by New York City's Department of Buildings to close down a network of hostels that offer low-priced rooms along with a "tolerance program" for guests. The hostels claim to be operated by the MacDougal Street Synagogue, and therefore to be exempt from various zoning laws under a provision in the New York City administrative code permitting charitable and religious institutions to convert homes into rooming houses "for working girls or women, or for working boys or men, or… for students attending a school or college." The city says that claim is a sham. It argues that the MacDougal Street Synagogue does not appear to exist at any location, and that the hostel rooms are being rented to tourists through the Internet.  The synagogue has filed a lawsuit challenging citations by city inspectors who closed down the hostels that they say are illegal transient hotels.  Inspectors found overcrowding and fire safety violations.

Louisiana Baptist Church Factions Battle In Court

Alexandria, Louisiana's Mount Zion Missionary Baptist Church is at the center of four lawsuits, with another set to be filed.  Alexandria Town Talk reports today on the battle between two factions in the church-- primarily older long-time members versus newcomers. The church, which was founded in 1902, serves primarily black congregants.  The church's pastor, Ameal Jones, who was hired in 2007 after the death of longtime pastor Donny  Granville is the focus of the congregational split. Opponents say Jones has built a power base of new members to the detriment of families that have been at the church for generations and who rely on church-financed services such as handicap-accessible vans and meals. The church's Board of Trustees fired Jones last year, but he refused to leave. They sued and the court ruled in the board's favor and nullified the election of a new Board that had taken place. But then Jones' supporters sued complaining that the church had not held an annual meeting or an election for 5 years. In a court supervised election, a new board of Jones supporters was elected. The new board tried to expel some of their opponents who they say engaged in disruptive conduct during church services, such as grabbing a microphone and yelling at Rev. Jones. The board has obtained a temporary restraining order barring 6 individuals from entering church grounds.