University Investigates Christian Student Group's Removal of Openly Gay Member

Baptist Press reported yesterday that the University of North Carolina-- Chapel Hill has started a discrimination investigation against "Psalm 100," a small student Christian a cappella musical group.  The group voted earlier this week to remove from membership Will Thomason, an openly gay student. University rules allow student groups to "limit membership and participation in the organization to students who ... support the organization's goals and agree with its beliefs." However the rules preclude excluding a student from membership because of sexual orientation. Psalm 100 says it removed Thomason because of his disagreement with the group's constitution that is based on biblical standards, not because of Thomason's sexual orientation. Psalm 100's general director said its decision was made out of love for Thomason, and Thomason says he continues to love all the members of the group.

Title VII Claim By Muslim Firefighter Partly Dismissed

In Ali v. District of Columbia Government, (D DC, Aug. 31, 2011), the U.S. District Court for the District of Columbia dismissed a Title VII employment discrimination claim brought by Tarick Ali, a Muslim firefighter/ emergency medical technician who had been employed by the D.C. Fire and Emergency Medical Services Department. However, the court permitted plaintiff (now Ali's personal representative because Ali had died) to proceed on a claim of retaliation.  Ali's problems began when he was late for a drill because he and a fellow Muslim firefighter had been praying, and his supervisor suggested that Ali may need to make a choice between his job and his religion.  However, the court concluded that because Ali suffered nothing more that criticism and threats, there had not been any adverse action against him. The court added, though, that while threats are not adverse action for purposes of a religious discrimination claim, they may be for a retaliation claim. Here Ali claimed that his superior threatened to fire Ali's co-worker, a fellow Muslim, if Ali pursued a discrimination complaint. Courthouse News Service reports on the decision.

Pastor Sentenced For Blocking Access While Proselytizing At Islamic Center

A state court trial judge in Wichita, Kansas has sentenced Wichita pastor Mark Holick after a jury last month convicted him on charges of loitering and disrupting a local business. The jury trial in the state district court came after an appeal from a Municipal Court conviction.  According to yesterday's Wichita Eagle, Holick, the pastor of Spirit One Christian Ministry, was arrested when he and a dozen followers went to Wichita's Islamic Center and attempted to hand out Bibles to Muslims arriving to celebrate Ramadan. Holick blocked access to the driveway at the Center and created a disturbance, marching in place when police ordered him to move to a public sidewalk. The court sentenced Holick to 12 months unsupervised probation, a fine of $300 and ordered him to stay at least 1000 fee away from the Islamic Center. During his sentencing hearing, Holic gave a 15 minute speech quoting Bible verses and invoking his 1st Amendment rights. Holick told the court: "I am not your enemy. Islam is. The Lord said there will be no other gods before me."

Perry Attempting To Win Support Of Religious Conservatives

The Los Angeles Times yesterday reported on Texas Gov. Rick Perry's efforts to win support of religious conservatives in his bid to become the Republican nominee for President. Last week end he participated in a two-day retreat with major evangelical leaders. Some 200 people attended the off-the-record meeting at  the ranch of San Antonio entrepreneur James Leininger, a major supporter of Perry.  Perry and his wife spent extended time with the Christian leaders, speaking candidly about his faith, including specifically about when he accepted Jesus as his savior. In response to a question, Perry said he would pick a pro-life running mate.

A Broad View of the Upcoming Supreme Court Term With A Law and Religion Perspective

The Supreme Court's new term begins Oct. 3.  Scotus Blog has a comprehensive listing (as well as extensive links to related documents) of all the cases which the Court has already agreed to review in the upcoming term. Of course the Court will grant cert. in more cases as the October term begins.  Here is a summary of cases the Court has already agreed to review which may be of particular interest to individuals concerned with religious liberty and church-state issues. One case clearly presents 1st Amendment religion issues. Several others may affect religious liberty claims, even though their facts do not directly present them.

Hosanna-Tabor Church v. EEOC is the clear religious liberty case.  At issue is whether the "ministerial exception" to federal employment discrimination laws applies to an ADA suit by a parochial school teacher who teaches mostly secular subjects.  For a somewhat different "take" on the case, readers may be interested in my recent article in Liberty magazine: Howard Friedman, An Issue of Church Autonomy: The Supreme Court Examines the Ministerial Exception Doctrine.

Minneci v. Pollard involves the question of when a federal court may imply a cause of action under the Constitution against an employee of a private company which contracts with the federal government to provide prison services. While not involved in the facts of this case, the outcome may impact the availability of free exercise claims against employees of private food service providers in prisons where inmates claim their religious dietary needs have not been met.

MBZ v. Clinton is of interest to many who follow religious liberty issues not because of the principles of law involved, but because it is a piece of the never-ending religio-political battle over the city of Jerusalem.  Congress passed a statute instructing the Secretary of State to permit U.S. citizens who were born in Jerusalem to list their birthplace on their passport and on their Consular Report of Birth Abroad, if they wished to do so, as "Israel."  This contradicts a State Department policy that instead calls for merely listing "Jerusalem" as the individual's birthplace. At issue is whether the Congressional statute infringes on the President's powers to recognized foreign governments, and whether the political question doctrine precludes courts from enforcing the statute.

Knox v. Service Employees International Union, Local 1000 involves the rights of state employees in states that permit state employee unions to charge an agency or service fee to non-union members. It is already established that unions may not collect from employees amounts that are to be used for political or ideological issues unrelated to collective bargaining. This may include union expenditures advocating issues to which state employees object on religious grounds. This case raises issues of the adequacy of notice given to state employees regarding fees assessed on them, as well as issues of whether expenditures to oppose anti-union ballot measures are related to collective bargaining.

Federal Communications Commission v. Fox Television Stations, Inc., involves the Federal Communications Commission's approach to enforcing a federal statute barring the broadcast of "indecent" language.  Many, of course, see religious, as well as constitutional, values at stake in this case. At issue is whether the approach taken by the FCC is unconstitutionally vague. The FCC decided that particular broadcasts involving expletives and nudity were indecent.

Britian's Charity Commission Issues New Guidance On Exceptions For Religious Charities

On Wednesday, Britain's Charity Commission announced the issuance of new, more detailed guidelines under the Equality Act 2010 clarifying when charities may restrict their benefits to persons on the basis of their religion, gender, age and various other protected characteristics.  The Guidance (full text) has special rules for charities that limit their benefits to members of a particular religion. A "religious or belief organization" can restrict membership, participation in their activities, the services they provide or use of their premises on the basis of a person's religion, belief or sexual orientation, if certain conditions are met.  This type of restriction may be imposed only to comply with the organization's doctrines, or to avoid conflict with the religious-based convictions of many of the organization's followers. However, these limitations may not be invoked by an organization that is wholly or mainly commercial.  Also, discrimination on the basis of sexual orientation is not permitted when an organization is providing a service on behalf of a public authority under contract with it. Yesterday's Guardian reported on the new Guidance document.

Court Removes Defrocked Episcopal Priest As Rector On Petition of Diocese

A Pennsylvania trial court last week held that conservative defrocked Episcopal priest David Moyer no longer has any right to serve as rector of Church of the Good Shepherd in Rosemont, Pennsylvania. The court similarly removed two vestry members who supported Moyer from their positions.  In In re The Church of the Good Shepherd Rosemont Pennsylvania Incorporated, (PA Com. Pl, Aug. 25, 2011), the court said:

On the sole question of whether or not the Diocese can ask this Court to force the respondents out of Good Shepherd, the answer is clear. Their eviction, literally and figuratively, is the will of the petitioning Standing Committee [the ecclesiastical authority of the Diocese] and Assisting Bishop.

Virtue Online has extensive background on the decision, which it calls "the final blow to the Anglo-Catholic rector [Moyer]," coming "after more than a decade of ecclesiastical infighting and lawsuits." Today's Philadelphia Inquirer also reported on the decision. (See prior related posting.) [Thanks to James Edward Maule via Religionlaw for the lead].

Court Orders No Town Board Saturday Discussion of Land Use Issue Impacting Jewish Group

In the town of Bethel, New York, a Satmar Hasidic group that was involved in a battle with the town in 2009 over construction of a synagogue is again at odds with town officials.  As reported by the Hudson Valley Times Herald Record in January, the Town Board voted in December, by a split vote, to extend the boundaries of the Kauneonga Lake Sewer District. This is the first step in plans by Kollel Averichim Torah Veyirah to tear down several old bungalows and build two multi-family housing units on a 5-acre parcel near their synagogue.  Some 87 residents filed a petition for a public referendum on the extension.  Subsequent developments are traced by the Narrowsburg, New York River Reporter yesterday. In May, a state court held that the referendum petition was filed after the required deadline.  Opponents then circulated a petition opposing the expansion and obtained some 200 signatures.  They proposed to present it to the Town Board at its August 27 meeting.  However, that meeting was scheduled for Saturday, which meant because of the Jewish Sabbath, Kollel members could not drive to the meeting, and if there, could not use microphones to present their views.  So the Kollel again went to court, and a state court judge issued an order prohibiting the Town Board from discussing the matter in any way at the Aug. 27 meeting. This, however, did not prevent one of the town's residents, during the public comment period, from reading the letter that was to accompany the petition.

At the board meeting, Councilperson Denise Frangipane did discuss the court order, complaining that the town did not choose to fight it.  She said: "We live in a secular society which respects all religions and the right of people to practice the religion of their choice freely. However, religious considerations do not overrule our civil legal structure."

Fights, Arrests At New York Amusement Park Over No-Hijabs On Rides

In Rye, New York, the Muslim-American Society planned an outing at Rye Playland amusement park on Tuesday night to celebrate Eid-al-Fitr, the end of Ramadan.  However, according to CNN, many of those attending did not know that the amusement park had a safety rule banning wearing of headgear on rides.  When a group of Muslim women were told they were not allowed on certain rides wearing their hijabs (headscarves), they began to argue with park employees. Some men came to the women's defense and a melee broke out. Before it was all over, police were called, 15 people were arrested, and two were charged with felony assault.

Indonesian Ministry Delays End of Ramadan By One Day After Observations of Moon

Ramadan came to an end Monday night, followed by the celebration of Eid-al-Fitr on Tuesday-- with one exception.  Voice of America reports that in Indonesia, the Ministry of religious Affairs announced that the Eid would not begin until Wednesday.  It concluded that the moon was still too low on the horizon on Monday night.  This surprised many who had planned for the Tuesday date. However, Indonesia's second-largest Islamic organization, Muhammadiyah, started Eid on Tuesday along with the rest of the Muslim world.

NY Court Enforces Forum Selection Clause In Suit Over Use of Vatican Library Images

In Magi XXI, Inc. v. Stato Della Citta Del Vaticano, 2011 U.S. Dist. LEXIS 94636 (ED NY, Aug. 24, 2011), a New York federal district court enforced identical forum selection clauses in seven sublicense agreements which gave plaintiff the right to use various images from the Vatican Library in producing and marketing candles, chocolate, confections, flowers, gift bags, stamps, wrapping paper, and fundraising materials. The clause required that any disagreements under the sublicense must "be resolved exclusively in the Sovereign State of Vatican City." Plaintiff's lawsuit, brought in New York, alleged fraud, negligence, breach of contract, unjust enrichment, and conversion, claiming defendants failed to provide access to artwork, manuscripts and other Vatican Library items. The court rejected a wide array of arguments against dismissing the case, including the contention that the Pope's role in the Vatican courts would prevent them from being a fair forum. AP reporting on the decision says plaintiff is likely to appeal.

Israeli Court Says Rabin Assassin Can Attend Torah Study Sessions In Prison

In Israel, Jerusalem's Central District Court yesterday ruled that Yigal Amir, who is serving a life sentence for the assassination of Prime Minister Yitzhak Rabin in 1995, may attend twice-weekly religious study sessions with a fellow prisoner next month. However officials are to monitor the sessions for any unusual conduct. Today's Jerusalem Post reports that this is a first step in considering easing of Amir's conditions of imprisonment. He has been in solitary confinement for 15 years. After the Israeli Supreme Court suggested in December that the state consider permitting Amir to spend some time with fellow prisoners, officials began considering the possibility of offering Amir a twice-a-week Torah study partner. They have only recently identified a possible suitable partner.  Prison officials do not want Amir integrated with certain groups of prisoner. The court will make a final decision regarding Amir's solitary confinement next month.

Judge Refuses To Reconsider Murfreesboro Mosque Ruling

The Tennessean and the Murfreesboro Daily News Journal report that a Tennessee state chancery court judge this week denied a motion to reconsider his decision handed down in May dismissing challenges (other than an open-meeting law challenge) to the Rutherford County Regional Planning Commission's approval of building plans for a controversial mosque in Murfreesboro, Tennessee.  (See prior posting). Chancellor Robert Corlew III wrote in part:

The allegations presented at the initial hearing include assertions that this structure will be used as a base to undermine our laws and our government, and perhaps even serve as a base for terrorist or military operations. Assuming for purpose of argument momentarily that such is true, were the Court to consider that after construction the Muslim congregation may begin to use the structure for terrorist activities, for example, as the Plaintiffs assert will occur, then it will be the duty of law enforcement personnel and codes enforcement personnel to halt the activities. The remedy, then, is that of halting the illegal activity and not resistance to the use of the land....

We have a duty equally to treat those whose religious beliefs are similar to the majority beliefs and to those whose beliefs are very different from the majority. If the zoning laws are too favorable to those seeking to build places of worship, then citizens should prevail upon their elected representatives to change those ordinances, but until they do the Court must apply those laws equally to Protestant Christians, Roman Catholics, Muslims, Buddhists and others.

New Jersey Requirement For Resident To Be On Retirement Home Board Violates Church's Associational Rights

In Wiley Mission, Inc. v. State of New Jersey Department of Community Affairs, 2011 U.S. Dist. LEXIS 96473 (D NJ, Aug. 25, 2011), a New Jersey federal district court enjoined the New Jersey Department of Community Affairs from enforcing a portion of the Continuing Care Retirement Community Regulation and Financial Disclosure Act against a church that operated a residential retirement facility (CCRC) as part of its ministry to the elderly.  The facility contains 137 independent-living residential units, 53 residential healthcare beds, and 67 skilled nursing beds. Only 14 of the current residents are members of the church.  New Jersey law (NJ Code 52:27D-345) requires that the board of directors of every CCRC to include one resident as a full voting member of its board.  The board member is to be nominated by the elected representatives of the residents.  The church's CCRC is not separately incorporated, so this provision effectively requires the church to include a non-church member on the church board. While rejecting several other constitutional claims, the court held that this requirement unconstitutionally infringes the church's rights of expressive association. The CCRC "is inextricably linked to the Church's stated goal of evangelization."

Defendants In Anti-Gang Suit Say Order Would Infringe Their Religious Outreach

In Elgin, Illinois, the Kane County State's Attorney last September filed suit against 81 alleged members of the Latin King gang.  The suit, brought under Illinois Streetgang Terrorism Omnibus Prevention Act seeks an order barring the gang members from publicly associating with each other. (UPI, 1/18/11). Now, however, according to yesterday's Chicago Tribune, four of the defendants are asking the court to dismiss them from the lawsuit, arguing that the order would violate their rights of free expression and free exercise of religion.  One of the four says he was never a gang member, and the other three say they have left the gang. All four say they have now dedicated their lives to Jesus, and want to begin an outreach program to those who remain gang member.

UPDATE: Here is the full text of defendants' motion to dismiss.

Warren Jeffs Hospitalized, In "Medically Induced Coma" [Updated]

AP reports that Warren Jeffs, leader of the polygamous FLDS Church, who is serving a life sentence for sexual assault and aggravated sexual assault of two minors who he had taken as his "spiritual wives", was hospitalized yesterday and is in critical condition.  It is reported that Jeffs is in a "medically induced coma".  In prison, he had been fasting for some period of time. An official said that Jeffs is expected to live, but the details of his medical condition are unclear.  Jeffs had recently been moved to a prison 100 miles southeast of Dallas and was being held in protective custody, which requires he be held alone in his cell and not involved in any work programs.  He is out of his cell only to shower and for recreation alone, though followers say he will continue to lead his sect from inside prison.

UPDATE: According to Reuters (8/30), correctional authorities say Jeffs is not in a coma, but is "somewhast sedated" and remains responsive.

New Report on Attitudes of Muslim Americans Released

The Pew Research Center today released an extensive public opinion survey of Muslim Americans. The report (full text) titled Muslim Americans: No Signs of Growth in Alienation or Support for Extremism, and is described by Pew as follows:

Based on interviews with 1,033 Muslim Americans conducted this year (April 14-July 22) in English, Arabic, Farsi and Urdu, the wide-ranging report looks at Muslim Americans’ political and social attitudes; religious views and practices; experiences and difficulties faced after 9/11; views of Islamic extremism; views of U.S. efforts at combating terrorism; and views of national conditions. In addition to updating trends from earlier Pew Research surveys, the report includes comparisons of Muslim Americans with the general public and with Muslims in other countries, as well as detailed demographic information.

The report finds that 63% of Muslim Americans are first-generation immigrants, and estimates the total Muslim population in the U.S. to be 2.75 million.

Texas Prison Begins Program To Offer Inmates Theology Degree

Yesterday, the Texas prison system inaugurated its program to permit long-term prisoners at its Darrington Unit to earn a 4-year degree in Biblical Studies from Southwestern Baptist Theological Seminary.  According to Friday's Houston Chronicle, the graduates will go on to minister to inmates at other prisons. State legislators who back the program say that a similar program at Angola Prison in Louisiana has reduced prison violence by 70%. The Texas program is entirely supported by private funds. The non-profit Heart of Texas Foundation raised $150,000 in start-up funds to pay for a library, teachers and equipment. Brad Livingston, executive director of the Texas Department of Criminal Justice, explained: "The men who complete this four-year program will be a powerful voice to other inmates seeking to get their lives back on track, and will aid us in successfully reintegrating these inmates back into society." Americans United's Wall of Separation blog criticizes the program on church-state grounds.

Kosovo's Parliament Votes Down Religion In Schools, Hijab In Classroom

Kosovo's Constitution (Art. 8) provides that "The Republic of Kosovo is a secular state and is neutral in matters of religious belief."  Reaffirming that principle, 64 members of the country's 120-member Parliament have voted against proposals introduced by small religious parties to teach religion in the schools and to end the ban on wearing of the hijab (headscarf) in classrooms. AFP, reporting yesterday on these developments, points out that Kosvo is 90% Muslim, but has a tradition of moderate Islam.

Hopis Make Another Attempt To Prevent Use of Recycled Waste Water At Snowbowl

In 2008, the Hopi Indian tribe was one of several plaintiffs who lost a bid under the Religious Freedom Restoration Act to stop the federal Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort.  The 9th Circuit, en banc, rejected plaintiffs' claims of spiritual contamination of the sacred San Francisco Peaks, saying that the tribes' diminished spiritual fulfillment is not a "substantial burden" on their free exercise of religion. (See prior posting.) Now, according to a press release issued last week, the Hopis have filed a new challenge to the use of waste water, this time in state court, in a lawsuit against the city of Flagstaff (AZ).  The suit seeks to invalidate the city's contract to sell 1.5 million gallons of reclaimed waste water per day to Snowbowl.  The complaint alleges that the use of reclaimed water in a mountain setting will violate various environmental, health and safety restrictions. It asks the court to prohibit performance of the contract on the ground that it is for an illegal purpose and contrary to public policy.