Suit Claims Philosophy Course Was Unconstitutional Instruction In Christian Apologetics

In an unusual case, a student at Arizona's Paradise Valley Community College last week filed a lawsuit charging that the instructor in a Philosophy course (Introduction to Ethics) "failed to teach the Philosophy Class according to the Course Description and instead taught her own Christian worldview."  The complaint (full text) in Smith v. State of Arizona, (D AZ, filed 7/20/2011), claims that the course instructor, Adjunct Professor Kelly Burton, assigned for the course a portion of a book written by another instructor at the community college: Surrendra Gangadean, Philosophical Foundation: A Critical Analysis of Basic Beliefs. It is alleged that the assigned chapters were theological and present the author's view of Moral Law rather than the theories of philosophers promised by the course description. The suit claims that the course is in fact  one in Christian Apologetics, and that  teaching it violates the Establishment Clause as well as Art. 2, Sec. 12 of the Arizona Constitution banning use of public funds for religious instruction. The complaint also alleges breach of an implied contract. [Thanks to Bob Ritter for the lead.]

Women To Sue In Challenge To Belgium's New Anti-Burqa Law

AFP reports that on Saturday, Belgium's ban on wearing coverings-- such as the burqa or niqab-- that hide the face in public took effect. (See prior posting.) A day earlier, two Muslim women who wear full veils announced (through their lawyer) that they would file suit in Belgium's Constitutional Court to challenge the new law as a discriminatory infringement of freedom of religion and expression. According to Reuters, one of the two plaintiffs is a convert to Islam who has worn the burqa for 13 years, and who successfully fought a ban on it that the Brussels region municipality of Etterbeek had imposed earlier.

Jewish Group Congratulates TSA On New Scan Software That Avoids Body-Specific Images

The Transportation Security Administration announced last week that it will begin installing new software on its body imaging machines at airports that will eliminate body-specific images.  The new Automated Target Recognition software will display a generic outline of a person for all passengers, but will still show where suspected weapons or explosives are located on a passenger's body. If no threat is detected, the monitor will display OK, with no body outline. The Orthodox Jewish group Agudah Israel of America, which had been concerned about privacy issues posed by software that displays an actual body image of an individual, commended the TSA on its new initiative.  JTA reports that in a statement issued Thursday, Agudah said that this shows they were correct in believing that both religious concerns about privacy and security needs could be accommodated with sufficient perseverance.

Case Challenging School Flyer Policy Is Settled

Alliance Defense Fund announced last week that a settlement was reached last month in Michalek v. Garfield Heights Board of Education, (ND OH, complaint filed 4/15/2011). The complaint (full text) in the lawsuit challenged a school policy that prevented community groups from sending home religious flyers with students, while flyers promoting various non-religious events could be distributed. Plaintiffs wanted to distribute a flyer inviting students to an After School Christmas Story Hour.Under the settlement that led to the case being dismissed, the school agreed to amend its policies.  It will end distribution of all outside flyers through teachers and instead will permit any community group, including religious ones, to place up to 25 flyers in the school office where students can pick them up. However it appears that few students voluntarily visit the office.

Man Charged With Norwegian Terror Attacks Left Manifesto With Christian, Anti-Muslim Religious Themes

Anders Behring Breivik, the Norwegian man charged with terror attacks in Norway Friday on government buildings in Oslo and on a youth camp on the island of Utoya, published in advance online a 1500 page document titled 2083--A Declaration of Independence. Here is the full text of the document which the Wall Street Journal describes as "part terrorist manual and part manifesto for a national conservative organization clothed in the regalia and accouterments of the Knights Templar, in which Mr. Breivik titles himself a 'Justiciar Knight Commander for Knights Templar Europe'." In his introduction, Breivik says:

As we all know, the root of Europe's problems is the lack of cultural self-confidence (nationalism). Most people are still terrified of nationalistic political doctrines thinking that if we ever embrace these principles again, new “Hitler’s” will suddenly pop up and initiate global Armageddon... Needless to say; the growing numbers of nationalists in W.Europe are systematically being ridiculed, silenced and persecuted by the current cultural Marxist/ multiculturalist political establishments. This has been a continuous ongoing process which started in 1945. This irrational fear of nationalistic doctrines is preventing us from stopping our own national/ cultural suicide as the Islamic colonization is increasing annually. This book presents the only solutions to our current problems.

Texas Board of Education Rejects Creationist Supplementary Materials For Biology

The National Center for Science Education reports that the Texas State Board of Education on Friday voted 8-0 to approve scientifically accurate high school biology textbook supplements, and rejected materials that were recommended by creationists.  The Board adopted a supplement published by Holt McDougal, but instructed the Commissioner of Education to review alleged errors in it put forward by a creationist member of the review panel, and to develop amended language for Holt to incorporate where needed. Education groups are confident that the Commissioner's recommendations will not reflect creationist views. (See prior related posting.)

New York 2010 Hate Crimes Data Released

The New York State Division of Criminal Justice Services has recently released its 2010 Annual Report on Hate Crime in New York State (full text). Hate crimes during 2010 were up sharply in New York City, and were down in the rest of the state. 39% of the hate crimes reported were motivated by religious bias, the vast majority of those being motivated by anti-Jewish bias.  220 hate crimes (including 90 crimes against persons) were anti-Jewish, while 29 (including 22 crimes against persons) were anti-Muslim. Percentage-wise, however, anti-Jewish hate crimes dropped by 12% from the prior year, while anti-Muslim crimes increased 163% from 2009. Almost 41% of 2010 hate crimes were motivated by race, ethnicity or national origin, while nearly 20% were motivated by sexual orientation.

EEOC Sues Jewish Nursing Home For Refusing Sabbath Off For 7th Day Adventist

The EEOC announced last week that it has filed a religious discrimination lawsuit against Menorah House, a Jewish-affiliated Boca Raton, Florida nursing and rehabilitation facility. The lawsuit was filed on behalf of a Seventh Day Adventist employee of the nursing home who for ten years had her religious beliefs accommodated by not having to work from sundown Friday to sundown on Saturday.  However this changed when management instituted a new policy requiring all employees to work on Saturdays, regardless of their religious beliefs. The suit seeks reinstatement, back pay, damages and an injunction requiring Menorah House to reasonably accommodate religious needs of employees. Friday's South Florida Sun Sentinel reports on the lawsuit.

Recent Prisoner Free Exercise Cases

In Ali v. Quarterman, (5th Cir., July 18, 2011), the 5th Circuit allowed a Muslim prisoner to move ahead with his RLUIPA challenge to prison rules that required him to be clean shaven, and allowed him to wear a kufi only in his cell and at religious services. His 1st Amendment and equal protection challenges were dismissed.

In Gannaway v. Berks County Prison, (3d Cir., July 18, 2011), the 3rd Circuit found no support in the record for a former jail inmate's claim that the jail failed to acknowledge Ramadan and prevented him from practicing his Muslim religion.

In Knight v. Kelly, 2011 U.S. Dist. LEXIS 76684 (ED VA, July 14, 2011), a Virginia federal district court dismissed the claim by a Sunni Mulim inmate that he was denied the Eid-Al-Adha festival tray in November 2009.

In Glover v. Cate, 2011 U.S. Dist. LEXIS 77096 (ED CA, July 13, 2011), an inmate claimed that as a "Christian/Odinist/Aryan", it violated his religious beliefs to share a cell with someone who was not of the Aryan race. A California federal magistrate judge held that because plaintiff has only been deemed eligible to be housed with someone of a different race, but has not yet been placed in a cell with a non-Aryan, his religious claims are not ripe for review. The magistrate judge recommended that the religious claims be dismissed without prejudice. A similar claim by another inmate who refused a cell integration order was dismissed by a federal magistrate judge for failure to exhaust administrative remedies in Walker v. Cate, 2011 U.S. Dist. LEXIS 79067 (EC CA, July 19, 2011).

In Valteau v. Gusman, 2011 U.S. Dist. LEXIS 78158 (ED LA, July 19, 2011), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 78160, June 30, 2011) and permitted an inmate to move ahead with a claim that jail officials have not supplied him with a Qur'an and other Islamic materials and he has not had a visit from an Imam, even though Christian prisoners receive Bibles and have visits from a minister.

In Lakhani v. Seneca County Sheriff's Office, 2011 U.S. Dist. LEXIS 78422 (ND OH, July 19, 2011). an Ohio federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 78424, June 30, 2011) and dismissed numerous complaints by a Muslim inmate (a Pakistani citizen) regarding conditions at a county jail at which he was held pending transfer to a federal facility. Among the dismissed claims were ones alleging that congregate Muslim services were only permitted on some Fridays and that Muslims were refused three additional religious services per week.

In Morales v. Beard, 2011 U.S. Dist. LEXIS 78303 (MD PA, July 19, 2011), a Pennsylvania federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 78308, June 22, 2011) and allowed a Native American inmate's free exercise and retaliation claims to proceed against some defendants, while dismissing others.  Plaintiff, a Taino Indian, claims that he was wrongly placed on an out of state transfer list that resulted in his transfer to a Virginia state prison where he was made to shave and get a hair cut even though he had religious exemption in Pennsylvania.

In Golosow v. Rubenstein, 2011 U.S. Dist. LEXIS 79225 (ND WV, July 20, 2011), a West Virginia federal district court adopted a magistrate's recommendation (2011 U.S. Dist. LEXIS 79201, June 27, 2011) and dismissed an inmate's claim that his 1st and 14th Amendment rights were violated when he was disciplined for fraudulently representing he was a Buddhist in order to obtain a vegetarian diet.

In McDaniels v. Fischer, 2011 U.S. Dist. LEXIS 79591 (WD WA, July 21, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 79588, June 17, 2011) and dismissed a Nation of Islam inmate's claims that his rights under the 1st and 14th Amendments and RLUIPA were infringed by denying him access to the Eid-Ul-Fitr and Eid-Al-Adha feasts in 2009, denying him a Halal diet, not allowing him equal time for religious celebrations or equal access to prayer oils that other religious groups had.  Even though issues of material fact remained on the Halal diet claims, the court held that the state had changed its policy and defendants had qualified immunity.

In Thunderbird v. Oregon State Department of Corrections Employees, 2011 U.S. Dist. LEXIS 78935 (D OR, July 20, 2011), an Oregon federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 79336, June 28, 2011) as to a lengthy complaint by an inmate.  As part of its decision, the court dismissed without prejudice, for failure to exhaust administrative remedies, plaintiff's claim that a prayer feather attached to his medicine bag was confiscated.

Pakistan Senate Condemns LGBT Pride Event At U.S. Embassy

According to The Nation, Pakistan's Senate yesterday condemned the U.S. embassy's hosting last month of Islamabad's first ever LGBT Pride Celebration.  A U.S. Embassy press release said that more than 75 people attended the event, including Mission Officers, U.S. military representatives, foreign diplomats, and leaders of Pakistani LGBT advocacy groups.  The Charge d'Affaires told attendees that the U.S. Embassy supported their push for LGBT rights.  Pakistani lawmakers said that LGBT activities violate basic principles of Islam as well as Pakistan's constitution. They referred the matter to the Senate Standing Committee on Foreign Affairs.  Some senators however suggested that the U.S. embassy has diplomatic immunity that allows it to hold such functions.

L.A. Synagogue Wins Its RLUIPA Claims

In Congregation Etz Chaim v. City of Los Angeles, (CD CA, July 11, 2011), a California federal district court held that RLUIPA was violated by the denial of a conditional use permit to a Hasidic congregation that wanted to use a house in the Hancock Park area of Los Angeles for religious services.  The congregation and nearby homeowners had been at odds over use of the property for decades. The court rejected the city's argument that no substantial burden was placed on the congregation because it could find an alternative location. It also held that the congregation had shown a prima facie case of unequal treatment. The court granted a preliminary injunction to bar denial of a conditional use permit and to prevent enforcement actions that would prevent the congregation from using the property. Religious Freedom In Focus reports on the decision.

Religious Beliefs May Not Be The Basis For An Incompetency Finding

In State of Ohio v. Daley, (OH App., July 21, 2011), an Ohio appeals court reversed a trial court's finding that defendant was incompetent to stand trial on charges of leaving threatening voice mails and sending a threatening letter to a county support enforcement agency employee. Defendant challenged the trial court order that he be hospitalized for restoration of sanity, and treated with anti-psychotics if necessary. The court held that there was no evidence to support the trial court's finding of incompetence:

Dr. Noffsinger’s opinion that Daley was incompetent, formulated after an hour and ten-minute evaluation, was based solely on Daley’s religious beliefs. Specifically, Dr. Noffsinger opined that Daley, a “radical Christian,” “expresses such extreme intensity of religious belief in very unorthodox religious beliefs to the point to constitute psychosis.” Noffsinger further testified that treating Daley would “change his psychotic symptoms of which are a religious theme[,]” so that his “intensity and [ ] preoccupation with his religious beliefs will be greatly decreased.”

The court held that defendant's religious beliefs are constitutionally protected, so they cannot be the basis for a finding of insanity. [Thanks to Volokh Conspiracy for the lead.]

China Moves To Ordain New Bishops Without Vatican Approval

The London Telegraph yesterday reported that the Chinese government is once again defying the Vatican by moving to ordain a number of new bishops who do not have Vatican approval, apparently ending the steps toward improved relations between China and the Vatican that emerged in 2007.. (See prior posting.) The Chinese Catholic Patriotic Association, the government body that controls the Catholic Church in China, announced the election of 7 new bishops a week after the ordination of Fr. Huang Bingzhang as the new bishop of Shantou. Huang was immediately excommunicated by the Vatican.  Four bishops loyal to the Vatican were forced by Chinese officials to participate in Huang's ordination. [Thanks to Pew Sitter for the lead.]

Obama Sends DADT Repeal Certifications To Congress; Repeal of Policy Takes Effect Sept. 20

Under the Don't Ask Don't Tell Repeal Act of 2010, the provisions of 10 USC 654 (which preclude those who are openly gay or lesbian from serving in the armed forces) are repealed 60 days after the President transmits to congressional defense committees a written certification signed by himself and by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff.  The certification is to attest to the fact that the Department of Defense has prepared needed policies and regulations and that their implementation is consistent with military readiness and effectiveness, unit cohesion and armed forces recruitment and retention. Today the President announced that he has transmitted the required certification (full text) to Congress. In making the announcement, the President said:

As of September 20th, service members will no longer be forced to hide who they are in order to serve our country. Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

Obama Endorses Current Policy On Faith-Based Hiring By Federal Grantees

At a Town Hall meeting at the University of Maryland this morning, President Obama was asked specifically about his administration's position on religion-based hiring by faith-based groups receiving federal grant moneys. Blog from the Capital reports on (and provides a transcript of) the Q and A. Obama has not rescinded Executive Order 13279 issued in 2002 by President George W. Bush permitting religious organizations which contract with the government to use religious criteria in their hiring. (See prior related posting.) Obama responded to the Town Hall question in part as follows:

I think that the balance we have tried to strike is to say that if you are offering - if you have set up a non-profit that is disassociated from your core religious functions and is out there in the public doing all kinds of work then you have to abide generally with the nondiscrimination hiring practices. If, on the other hand, it is closer to your core functions as a synagogue or a mosque or a church, then there may be more leeway for you to hire somebody who is a believer of that particular religious faith.

State and Federal Legislative Proposals To Stop San Francisco Anti-Circumcision Vote Have Been Introduced

As reported yesterday by the AP, two members of the California state Assembly on July 7 introduced a bill that would bar San Francisco and other cities from regulating male circumcision. The bill, intended to stop San Francisco's November vote on a ballot measure banning male circumcision (see prior posting), was introduced as an amendment to an unrelated measure on global warming. The operative section of AB 768 reads:

No local statute, ordinance, or regulation, or administrative action implementing a local statute, ordinance, or regulation shall prohibit or restrict the practice of male circumcision, or the exercise of parental authority with respect to the same.

Meanwhile, on June 24, ten members of the U.S. House of Representatives also introduced legislation aimed at barring the San Francisco ballot measure.  HR 2400 provides:

No State or political subdivision of a State may adopt or continue in force a law, regulation, or order that prohibits or regulates the circumcision of males who have not attained the age of 18 years and whose parent or guardian has consented to the circumcision, unless such law, regulation, or order--
(1) applies to all such circumcisions performed in the State; and
(2) is limited to ensuring that all such circumcisions are performed in a hygienic manner.

Last month, Rep. Brad Sherman (D-CA) had announced his intention to introduce this bill. (See prior posting.)

San Leandro Seeks Supreme Court Review of RLUIPA Decision

The city of San Leandro, California announced yesterday that it has filed a petition for certiorari seeking U.S. Supreme Court review of the 9th Circuit's decision in International Church of the Foursquare Gospel v. City of San Leandro. In the case, the 9th Circuit held that a city's zoning decision made under a neutral, generally applicable zoning law can impose a "substantial burden" on a church's exercise of religion under RLUIPA. (See prior posting.)

Monks Win Constitutional Challenge To Louisiana Limits On Selling Caskets

In St. Joseph Abbey v. Castille, (ED LA, July 21, 2011), a Louisiana federal district court ruled that Louisiana's Embalming and Funeral Directors Act (RS 37:831 ff.) cannot constitutionally be applied to prevent a Catholic monastery from selling simple wooden caskets that it manufactures. The Louisiana law provides that only licensed funeral directors may engage in the retail sale of caskets, and they may be sold only at licensed funeral establishments. The court held that the restriction violates the due process and equal protection clauses because the licensing requirements are "not rationally related to public health and safety concerns." Instead, "the provisions simply protect a well-organized industry that seeks to maintain a strict hold on this business." The Wall Street Journal yesterday reported on the decision. (See prior related posting.)

Irish Prime Minister Delivers Unprecedented Attack On Vatican

AP reports that a hard-hitting speech to the lower house of Ireland's Parliament, Irish Prime Minister Enda Kenny delivered an unprecedented attack on the Vatican's handling of priest sexual abuse in Ireland. The move comes after the release earlier this month of a report on failures in the Diocese of Cloyne to report abuse to civil authorities. (See prior posting.) In his speech (full text), Kenny said:

Because for the first time in Ireland, a report into child sexual-abuse exposes an attempt by the Holy See, to frustrate an Inquiry in a sovereign, democratic republic...as little as three years ago, not three decades ago.

And in doing so, the Cloyne Report excavates the dysfunction, disconnection, elitism....the narcissism .......that dominate the culture of the Vatican to this day.

The rape and torture of children were downplayed or 'managed' to uphold instead, the primacy of the institution, its power, standing and 'reputation'.

Far from listening to evidence of humiliation and betrayal with St Benedict's "ear of the heart"......the Vatican's reaction was to parse and analyse it with the gimlet eye of a canon lawyer.

This calculated, withering position being the polar opposite of the radicalism, humility and compassion upon which the Roman Church was founded.

Abercrombie Assessed $20,000 In Damages On Title VII Claim, But No Injunction Issued

Earlier this month,in EEOC v. Abercrombie & Fitch Stores, Inc., an Oklahoma federal district court held that Abercrombie & Fitch violated Title VII of the 1964 Civil Rights Act by refusing to hire a Muslim teenager because her religious belief requiring her to wear a headscarf violates the company's "Look Policy" for sales models. (See prior posting.) On Wednesday, according to the Tulsa World, a federal jury awarded $20,000 in damages in the case. However the court refused the EEOC's request to issue an injunction against the company that would require it to notify job applicants who wear a headscarf to their interview that they may request a religious accommodation. The EEOC also wanted the court to mandate training on the accommodation issue for store managers. The company has changed its interview procedures so applicants are now told that models may not wear head coverings, and are asked if they have any questions about that policy. [Thanks to Steven H. Sholk for the lead.]