Commonwealth Leaders Approve Ending Ban On Monarch Marrying A Catholic

BBC reports today that at the Commonwealth Heads of Government Meeting in Perth, Australia, the leaders of the 16 British Commonwealth countries have agreed to amending Britain's 1701 Act of Settlement to eliminate the ban on British monarch being married to a Roman Catholic. The original provision was put in place to settle the succession to the throne following the Glorious Revolution of 1688. (Background.) Explaining the change, Prime Minister David Cameron said:

Let me be clear, the monarch must be in communion with the Church of England because he or she is the head of that Church. But it is simply wrong they should be denied the chance to marry a Catholic if they wish to do so. After all, they are already quite free to marry someone of any other faith.

Some expressed disappointment that Catholics will still not be able to become king or queen.  The Commonwealth summit also approved changes giving daughters equal rights with sons to ascend the throne. Under current law, a daughter becomes queen only where there are no sons. Parliaments in Britain and the other Commonwealth nations will need to approve legislative changes before the reforms take effect.

Dismissed Teacher Loses Claims Against Catholic School

Braun v. St. Pius X Parish, 2011 U.S. Dist. LEXIS 123750 (ND OK, Oct. 25, 2011), is a suit by a former 5th grade teacher at a Catholic elementary school who claimed religious and age discrimination in the non-renewal of her contract. Insofar as teacher Martha Braun claimed she was dismissed because she was an Episcopalian, the court concluded that the school is protected by the exemption in Title VII of the 1964 Civil Rights Act (42 USCS § 2000e-1) that permits religious educational institutions to hire and fire on the basis of religion. In connection with the age discrimination claim, the court concluded that the ministerial exception does not protect defendant because plaintiff could not be considered a ministerial employee: "Braun did not teach religion or lead the students in prayer, and she is not Catholic." However, the court concluded that Braun's contract was not renewed because of legitimate complaints from parents about her performance, and that these were not a pretext for age discrimination.

Court Rejects Establishment Clause Challenge To Social Security Act

In Hamner v. Astrue, 2011 U.S. Dist. LEXIS 123698 (SD TX, Oct. 26, 2011), a Texas federal district court  rejected plaintiff's claim that the Social Security Act violates the Establishment Clause by coercing him to participate in Christian charity or by preventing him from participating in Christian charity.

Podcast of Law and Religion Symposium Available Online

Earlier this month, the University of Alabama School of Law hosted a symposium titled Matters of Faith: Religious Experience and Legal Response. Podcasts of the entire symposium proceedings are now available online.

Cert. Petition Filed In County Commission Prayer Case

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday seeking review in Forsyth County, North Carolina v. Joyner, (filed 11/27/2011). In the case, the 4th Circuit in a 2-1 decision held that the prayer policy of a county commission violated the Establishment Clause even though the policy was neutral on its face.  As implemented, nearly 80% of the prayers delivered mentioned Jesus, and none mentioned any other deity. (See prior posting.) The Winston-Salem Journal reports on the filing.

Mayor Caves On Water Tower Cross In Unusual Move

The mayor of Whiteville, Tennessee has found an unusual way to respond to a complaint from the Freedom from Religion Foundation about a cross that has been displayed for the last 8 years atop the town's water tower. (See prior posting.) According to WREG-TV, Mayor James Bellar has merely removed one arm of the cross, leaving as a reminder of the issue the remaining portion of the cross.  In a letter to the Nashville lawyer representing those complaining about the cross, the mayor wrote:

This brings to close a sad chapter in the history of Whiteville that can best be described as terroristic, cowardly and shameful! The fear and terror caused our older people here is shameful. So shame on your client and your firm!

FFRF has called off plans to sue the town.

Fired Muslim Employee Sues Over Right To Accommodate Prayer Time

The Chicago Tribune reported yesterday that Nathan Henderson, a Muslim former employee of the American Bottling Company, has filed a religious discrimination lawsuit against the company.  Henderson was fired after he sought permission to schedule his lunch break at a time that allowed him to attend Friday Jumma prayers.

California Settles Lawsuit Filed By Sikh Prison Guard Applicant

The California Department of Rehabilitation and Corrections has settled a religious discrimination lawsuit brought by a Sikh man whose application to become a prison guard was rejected because he refused to shave his beard.  AP reports that under the settlement, plaintiff Trilochan Obeori will receive $295,000 in damages and will be given a $61,000 per year job as a manager in the corrections department's Regulation and Policy Management branch. However the state is not changing its policy that requires most corrections employees to be clean shaven so they can be fitted with gas masks.

Moderate Islamic Party Wins Tunisian Election

Election officials in Tunisia yesterday confirmed that the moderate Islamist Ennahda party won this week's Parliamentary elections.  According to Reuters, Ennahda captured 90 seats in the 217-seat assembly which will draft a new constitution.  The next largest party-- the secularist Congress for the Republic-- obtained only 30 seats. Ennahada attempted to assure secularists and investors by saying that it would not impose Islamic banking, nor would it stp tourists from wearing bikinis on Tunisian beaches.

Cert. Filed In Challenge To Political Activity Constraints On Non-Profits

Last week, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Catholic Answers, Inc. v. United States, (filed 10/21/2011). In the case, the 9th Circuit (full text of opinion) dismissed as moot a Catholic organization's challenge to the constitutionality of Section 4955 of the Internal Revenue Code. That section imposes an excise tax on political expenditures made by Section 501(c)(3) non-profit organizations.  At issue were expenditures made by Catholic Answers on a 2004 E-letter critical of the views of Sen. John Kerry, the 2004 Democratic nominee for President of the United States. The E-letter also criticized Kerry's taking of communion at an African Methodist Episcopal church. After excise taxes were imposed, Catholic Answers filed a complaint seeking a tax refund. The IRS then abated and returned the excise taxes. Catholic Online reviews the background of the case in an opinion piece.

President Sends Best Wishes To Those Celebrating Diwali

President Obama yesterday issued a statement (full text) sending holiday greetings to Hindus, Jains, Sikhs and Buddhists who are celebrating the holiday of Diwali-- the festival of lights that "symbolizes the victory of light over darkness and knowledge over ignorance." Obama emphasized that Diwali is a time of celebration with dancing and food, but also a time for contemplation and prayer to remind us of our obligations to the less fortunate.

DC Human Rights Office Investigating Catholic U's Treatment of Muslim Students

In a press release last week, George Washington University law professor John Banzhaf disclosed that the District of Columbia Office of Human Rights has given Catholic University until today to respond to charges that it discriminates against Muslim students.  A complaint filed with the Office contends that Catholic University has not permitted Muslim students to form their own student organization, and has not provided designated space for Muslim students to use for their daily prayers. [Thanks to Ken Braithwaite for the lead.]

Forest Service Will Reconsider Permit For Jesus Statue

The Flathead Beacon reports on the Oct. 21 decision by the U.S. Forest Service to withdraw a decision handed down in August, and instead seek public comment, on reissuing a special use permit to the Knights of Columbus for a statue of Jesus that has since 1953 been located on a 25-by-25-foot piece of land in the Flathead National Forest. Protests after Flathead National Forest Supervisor Chip Weber declared the statue, located near the top of Whitefish Mountain Resort's Chair 2, an inappropriate use of public land led to the reconsideration.

House Committee Holds Hearings On U.S. Religious Liberty

The House Judiciary Committee's Subcommittee on the Constitution yesterday held hearings on "The State of Religious Liberty in the United States."  The prepared statements of witnesses are available online. The Committee heard from Bridgeport Catholic Bishop William Lori representing the U.S. Conference of Catholic Bishops; Colby M. May of the American Center for Law and Justice: and Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State. In addition a written statement was submitted by the ACLU. ABP reports on the hearing.

Free Exercise Challenge To Local Option Law Dismissed Under 11th Amendment

In Ethereal Enigmatic Euphoric Movement Towards Civilized Hedonism, Ltd. v. State of Idaho, 2011 U.S. Dist. LEXIS 123041 (D ID, Oct. 24, 2011), an Idaho federal district court dismissed on 11th Amendment immunity grounds a suit claiming that a city's use of a state local option law to ban the sale of alcoholic beverages violates plaintiff's free exercise rights, among others.  The complaint alleged that:

Plaintiff is an organization comprised of individuals who believe that the "consumption of distilled spirits is both [a] moral obligation and sacred right." ... It further alleges that, using Idaho's local-option law, the City of Preston enacted a prohibition on the sale of liquor by the drink, and that this prohibition violates the rights of Plaintiff's members to freely exercise their religion and discriminates against them because of their religious beliefs.... Apparently, Plaintiff holds its services on the premises of the Owl Club, a local beer and wine saloon operating in Preston, which does not sell distilled spirits pursuant to the city's prohibition.

Suit Challenges Ban On Distribution of Religious Literature In Schools

Alliance Defense Fund announced Monday that it had filed a federal lawsuit on behalf of "Kids for Christ" against the Owasso, Oklahoma Public Schools challenging school policy that bars religious groups from distributing flyers in the schools, as well as posting signs and making announcement of their events. The school policy provides that: "No literature will be distributed that contains primarily religious, objectionable, or political overtones which may be beneficial to any particular group or business at the expense of others."  The complaint (full text) in Owasso Kids for Christ v. Owasso Public Schools, (D OK, filed 10/24/2011), alleges that the policy violates the group's free speech and free exercise rights, as well as the due process, equal protection and Establishment clauses of the constitution.

NY Town Clerk Challenged In Election Over Marriage License Arrangement

AP reported yesterday that in Ledyard, New York, town clerk Rose Marie Belforti is being challenged in November's election by write-in candidate Ed Easter because of the way that Belforti is handling the issuance of marriage licenses.  Belforti decided that her Christian beliefs precluded her from issuing marriage licenses to same-sex couples, so she appointed a deputy clerk to handle marriage licenses for all couples.  Easter says that Belforti is being paid $12,000 per year for her part-time position, and the people should not be asked to pay another person to perform Belforti's duties.  Belforti says it is about accommodating her religious beliefs.

Florida Appeals Court Affirms Use of Sharia Law To Determine Whether Arbitration Is Enforceable

UPI reported yesterday that a Florida state appeals court has affirmed without opinion a decision of a state trial court that Islamic law can be used in deciding whether to enforce an arbitration award between a mosque and certain trustees of the mosque who had been removed from office. The trial court limited use of Sharia law to the question of whether Islamic dispute resolution procedures have been followed in the arbitration.. (See prior posting.)

Church Can Replace School Building-- Planning Board Had No Basis To Refuse Permission

Yesterday's Albany Times Union reports that a state trial court judge has overruled the Albany Planning Board's refusal to allow a Mormon church to tear down a former Catholic middle school building.  The court held that the Planning Board's conclusion that the building is vital to the fabric of the neighborhood lacks a rational basis. The LDS Church wants to replace the school building with a smaller chapel that provides more parking. In basing its decision on a lack of evidence supporting the Planning Board's conclusion, the court avoided ruling on the church's claims under RLUIPA.

UPDATE: Here is the full opinion in Matter of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Sts. v City of Albany, (NY Sup. Ct. Greene Co., Oct. 20, 2011).

In Israel, Group Complains About Ban of Single Women From Mikvehs

In Israel, community Religious Councils, under the jurisdiction of the government Religious Services Ministry, operate mikvehs (ritual baths) in various towns and cities.  YNet News reports today that the Religious Action Center (an organization of the Reform Jewish movement) has complained to the Religious Services Ministry about the policy in many communities that bars unmarried women from using the mikveh. The ban is intended to avoid giving halachic (Jewish religious law) authorization for single women to have sexual relations.  According to the Religious Action Center, the ban violates the Prohibition of Discrimination in Products, Services, and Entry into Public Places Law, as well as freedom of religion and conscience and the right to human dignity. The Religious Affairs Ministry says it is looking into the matter.