Cert. Filed In Idaho Charter School Board Ban On Religious Texts In Classrooms

Alliance Defense Fund announced yesterday that it has filed a petition for certiorari (full text) with the Supreme Court in Napa Classical Academy v. Goesling. In the case, the 9th Circuit upheld the action of the Idaho Public Charter School Commission in barring publicly funded schools from using relgioius texts in the classroom, even for teaching of secular subjects.  The 9th Circuit held that the First Amendment’s speech clause does not give charter school teachers, students, or parents a right to have such texts included as part of the school curriculum. (See prior posting.)

Russian Local Prosecutor Attempting To Ban Sacred Hindu Text As Extremist

CNN reports that in the Russian city of Tomsk, a court has  postponed until Dec. 28 its decision on an attempt by the prosecutor to ban the Bhagavad Gita as an extremist book that sows social discord. The court in August appointed a 3-member academic panel to submit a report to it. The Indian ambassador to Russia has objected to the prosecutor's attack on one of Hinduism's most important texts. The Hindu American Foundation says that prosecutors have taken words from the Gita out of context. Alexander Kadakin, Russia's ambassador to India, said: "It is not the Russian government that started the case. These are some petty people in the far away though very beautiful city of Tomsk who did it. The government ... can only testify and reiterate the love and affection and highest esteem our nation has for Bhagavad Gita."

UPDATE: A Dec. 23 report from Interfax says that the Tomsk prosecutor is not going after the text of the Bhagavad Gita, but instead the Russian-language edition of the Bhagavad Gita As It Is, and especially the accompanying commentary written in 1968 by the founder of the International Society for Krishna Consciousness, A. C. Bhaktivedanta Swami Prabhupada.

Refusal To Discuss Sabbath Accommodation For Correctional Officer Violates Title VII

In Schutte v. Department of Corrections, (CO Pers. Bd., Dec. 19, 2011), a Colorado State Personnel Board administrative law judge held, in an initial decision, that a state correctional facility illegally discriminated against a Messianic Jewish correctional officer by refusing to accommodate his religious need to have Friday nights and Saturdays off from work.  The opinion concluded that the complainant's supervisors violated Title VII of the federal 1964 Civil Rights Act by refusing to engage in an interactive process once complainant raised the scheduling issue. KSUA News reports on the decision.

Quebec Will Allow Jail and Courthouse Guards To Wear Hijab

Canadian Press reported yesterday that Quebec's Public Service Department has reached a settlement with the province's human rights commission that will allow female Muslim correctional officers who guard jails and courthouses to wear a hijab (headscarf). The government will provide the head covering to those officers who request it. The settlement grew out of a discrimination complaint filed in 2007.  The opposition  Parti Quebecois strongly criticized the settlement.

Indian Court Tells Social Networking Sites To Remove Anti-Religious Content

In New Delhi, India yesterday, a court issued an ex parte restraining order requiring 22 social networking websites to remove videos, text and photos with anti-religious or anti-social content that promote hatred or communal disharmony. PTI reports that the defendants include Facebook, Google and Youtube. The order came in a civil suit filed by Mufti Aijaz Arshad Qasmi and amidst reports that India's Telecommunications Minister had asked the websites to screen their content. Apparently the order covers content that was included on a CD filed in the lawsuit by plaintiff.  Defendants are to respond to the court's order by Dec. 24.

UPDATE: Economic Times reports that at the Dec. 24 hearing, the court again ordered removal of anti-religious and anti-social content on 22 social networking websites and directed the companies to file compliance reports by Feb. 6.  Only Yahoo India Pvt Ltd and Microsoft appeared a the hearing, and they said they had not yet received a copy of the complaint or the original court order. Counsel for the complainant assured the court that he would provide them with copies.

National Menorah Lit In D.C. As Hanukkah Begins

Last night marked the beginning of the Jewish holiday of Hanukkah. AP reports on how Washington ushered in the holdiay:

Thousands turned out for a special ceremony marking the first night of Hanukkah. "The President's Own" U.S. Marine Band performed as the National Menorah, situated on the Ellipse near the White House, was lit.

Time traces the transformation of Hanukkah from a minor Jewish holiday to perhaps the most celebrated Jewish holiday in America.

UPDATE: Also yesterday, President Obama sent Hanukkah greetings to all those around the world celebrating the holiday. (Full text of statement.)

Preliminary Injunction Protects Street Preachers At Holiday Festival In Park

In Jankowski v. City of Duluth, (D MN, Dec. 20, 2011), a Minnesota federal district court granted a preliminary injunction to prevent city of Duluth police officers from interfering with activities of two street preachers at the Bentleyville Tour of Lights.  The Tour is a holiday festival held each year on city property, Bayfront Festival Park, and is sponsored by a private non-profit group. The court concluded that Bayfront Festival Park is a traditional public forum, and it remains so when a private group uses it to host an event that is free and open to the public. The court concluded that the city had failed to set forth any interest that is furthered by its enforcing the non-profit sponsor's ban on plaintiffs' 1st Amendment activities. A Dec. 13 magistrate judge's decision in the case had likewise recommended granting a preliminary injunction. An Alliance Defense Fund press release reports on the court's decision. (See prior related posting.)

UN General Assembly Adopts Resolution Against Religious Intolerance, Without Mentioning Defamation of Religion

On Dec. 19, according to a United Nations press release, the U.N General Assembly:

adopted a new text on combating intolerance, negative stereotyping, stigmatization, discrimination, and incitement to violence against persons, based on religion or belief, ... [proposed] on behalf of the Organization of Islamic Cooperation (OIC).  By that text, it strongly deplored all acts of violence against persons on the basis of their religion or belief, as well as all attacks on and in religious places, sites and shrines in violation of international law.

Human Rights First noted yesterday that, unlike past resolutions, this one avoids the concept of "defamation of religion."

U.S. House Resolution Presses Turkey On Religious Liberty Issues

Last week, the U.S. House of Representatives adopted a resolution urging the Secretary of State to pressure Turkey on issues of religious freedom.  House Resolution 306, adopted by voice vote on Dec. 13, is summarized by the Congressional Research Service. The resolution:

Urges the government of Turkey to honor its obligations under international treaties and human rights law and: (1) end all forms of religious discrimination; (2) allow church and lay owners of Christian church properties to organize and administer religious and social activities; and (3) return to their rightful owners all Christian churches, monasteries, schools, hospitals, monuments, relics, and other religious properties, and allow their preservation and reconstruction as necessary.

Yesterday's Armenian Reporter gives more background on the problems faced by Christian communities in Turkey. (See prior related posting.)

Federal Indictments Handed Down In Beard-Cutting Attacks on Amish

A press release yesterday from the U.S. Attorney's Office for the Northern District of Ohio announced that a federal grand jury has returned a 7-count indictment charging 10 men and two women in five separate assaults on members of a rival Amish group. According to the press release:

As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to the indictment.

The indictment charges conspiracy to violate 18 USC Sec. 249, the Matthew Shepard-James Byrd Hate Crimes Prevention Act, and 18 USC Sec. 1512 which prohibits witness tampering. (See prior related posting.)

Florida AG Submits Revised Ballot Summary Language For Religious Freedom Amendment

As previously reported, last week a Florida trial court held that the ballot summary language for the Religious Freedom Amendment that was to appear on the 2012 ballot was ambiguous and misleading. The court's ruling however was subject to statutory mandate given to the state Attorney General to submit corrected revised ballot language within 10 days. Yesterday, Florida Attorney General Pam Bondi announced that she had submitted to the Department of State revised ballot summary language. (Full text of submission.) Not surprisingly, the new language follows the wording suggested by the trial court in its opinion that invalidated the prior version.  Opponents now have 10 days to file any challenges to the new language. Yesterday's Washington Examiner reports on these developments.

Episcopal Church Denied Summary Judgment In Property Dispute With Break-Away Diocese

In Diocese of Quincy v. The Episcopal Church, (IL Cir. Ct., Dec. 16, 2011), an Illinois trial court refused to grant summary judgment to The Episcopal Church on its counterclaim against the Diocese of Quincy (IL) in a lawsuit originally filed by the break-away diocese to quiet title to its property. As explained by Anglican Curmudgeon, The Episcopal Church claimed that the break-away diocese was wrongfully withholding funds and property from The Episcopal Church. The court refused to rule as a matter of law that The Episcopal Church is hierarchical, so that the diocese is subject to its highest ecclesiastical authority in connection with the property dispute.  The court also concluded that even if the church is hierarchical, that would not end the matter because a "neutral principles of law" approach should be applied to resolving the property ownership dispute. [Thanks to Catholic and Reformed for the copy of the opinion.]

11th Circuit Upholds School's Insistence That Counseling Student Follow Professional Standards For GLBTQ Clients

In Keeton v. Anderson-Wiley, (11th Cir., Dec. 16, 2011), the U.S. 11th Circuit Court of Appeals denied a preliminary injunction to an Augusta State University graduate student seeking a degree in counseling who claimed that her free speech rights were violated when the school insisted she take part in a remediation plan. Student Jennifer Keeton made it clear that because of her Christian religious beliefs that homosexuality is a lifestyle choice, she would have difficulty working with GLBTQ clients. The court said:

We conclude that the evidence in this record does not support Keeton’s claim that ASU’s officials imposed the remediation plan because of her views on homosexuality. Rather, as the district court found, the evidence shows that the remediation plan was imposed because she expressed an intent to impose her personal religious views on her clients, in violation of the ACA Code of Ethics, and that the objective of the remediation plan was to teach her how to effectively counsel GLBTQ clients in accordance with the ACA Code of Ethics....

As the curricular requirement that students comply with the ACA Code of Ethics is neutral and generally applicable, it needs only to survive rational basis review. It easily satisfies this test, as it is rationally related to ASU’s legitimate interest in offering an accredited counseling program.

Judge Pryor filed a concurring opinion. The Chronicle of Higher Education reports on the court's decision.

Muslim Men Who Were Taken Off Flight Sue For Discrimination

A lawsuit was filed in Tennessee federal district court yesterday by two Muslim men who were taken off an Atlantic Southeast Airlines flight from Memphis (TN) to Charlotte (NC) after the pilot was uncomfortable with them being on board. The two-- a professor and a Muslim cleric-- were wearing traditional Islamic dress and were on their way to a conference on Islamophobia and anti-Muslim bias. (See prior posting.) The complaint (full text) in Rahman v. Delta Airlines Inc., (WD TN, filed 12/19/2011) claims that the airline's actions violated federal and state anti-discrimination laws. It also asserts claims for intentional infliction of emotional distress, slander and negligent supervision.  A CAIR press release and a report from the Memphis Commercial Appeal have additional details.

Suit Challenges Refusal To Rent B&B Room To Lesbian Couple

Lambda Legal yesterday announced the filing of a lawsuit in state court in Hawaii on behalf of a lesbian couple who were refused a room at a bed and breakfast by the sole proprietor owner because her personal religious views made her uncomfortable renting to a same-sex couple. The complaint (full text) in Cervelli v. Aloha Bed & Breakfast, (HI Cir. Ct., filed 12/19/2011), alleges that the refusal by owner Phyllis Young to rent a room to Diane Cervelli and Taeko Bufford violates Hawaii statutes, Chap. 489, that prohibits discrimination on the basis of sexual orientation in public accommodations. During the course of an investigation of the matter by the Hawaii Civil Rights Commission, Young expressed her opinion that homosexuality is "detestable" and that "it defiles our land."

Hungarian Constitutional Court Strikes Down Religion Law

Adventist News Network reported yesterday that Hungary's Constitutional Court has struck down Hungary's recently-enacted Law on Churches. The new law which would have gone into effect on January 1 deregistered all but 14 traditional religions.  Some 300 minority religions would have had to reapply to Parliament. The law had been widely criticized by religious freedom advocates. (See prior posting.) [Thanks to Joseph K. Grieboski for the lead.]

Recent Articles of Interest

From SSRN:

• Daniel E. Martin, Whistle Blowing, Religiosity, Spirituality and Integrity: Understanding the Impact of Social Dominance Orientation and Environmental Context, (Journal of Moral Occupational Psychology, Forthcoming).
• C. Christine Fair, Neil A. Malhotra, and Jacob N. Shapiro, A Religion of Peace? Islam and Support for Political Violence, (December, 11 2011).
• Stephen R. Munzer, Bodily Inscriptions as Signs in Medieval Christian Piety and Aztec Rituals, (Journal of Ritual Studies, Vol. 25, No. 2, pp. 37-51, 2011).
• Aaron J. Saiger, Religious Consumers and Institutional Change in American Public Schooling: Cases from Jewish Education, (Journal of Law, Religion and State, Vol. 1, 2012).
• Aaron J. Saiger, Changing the Conversation in Education Law: Political Geography and Virtual Schooling, (Journal of Law and Education, Vol. 41, 2012).

From SmartCILP:

• Jeffrey A. Brauch, Faith-Based Law Schools and an Apprenticeship in Professional Identity, 42 University of Toledo Law Review 593-603 (2011).
• Steven B. Dow, The Eleventh Amendment and Corrections Litigation: The Impact of Sovereign Immunity on the Religious Land Use and Institutionalized Persons Act, 37 New England Journal on Criminal & Civil Confinement 247-265 (2011).
• Scott W. Gaylord, When the Exception Becomes the Rule: Marsh and Sectarian Legislative Prayer Post-Summum, 79 University of Cincinnati Law Review 1017-1075 (2011).
• Daniel B. Weddle and student Kathryn E. New, What Did Jesus Do?: Answering Religious Conservatives Who Oppose Bullying Prevention Legislation, 37 New England Journal on Criminal & Civil Confinement 325-347 (2011).

Police Officer's Mocking of Plaintiffs' Religion Is Not Free Exercise Violation

In Huynh v. City of Houston, 2011 U.S. Dist. LEXIS 142989 (SD TX, Dec. 12, 2011), Vietnamese owners of a game room in Houston, Texas sue challenging repetitive excessive citations issued to them by a Houston police officer Mark Leija. Plaintiffs alleged that "on one occasion, Officer Leija mocked their religious beliefs by making reference to a Buddha statue inside the game room and by joking with patrons that Plaintiffs' religion and the statue were not helping them."  The court held, however, that: "Because they allege no facts showing that Officer Leija restrained them from the exercise of their religious beliefs, Plaintiffs fail to state a cognizable First Amendment free exercise claim."

Complaint Against Judge's Proselytizing Is Protected Speech; Jury Award Upheld

In Pucci v. Somers, 2011 U.S. Dist. LEXIS 144894 (ED MI, Dec. 16, 2011), a Michigan federal district court upheld a $734,000 jury verdict in favor of Julie Pucci, the former deputy administrator of a Michigan state court, against Mark Somers, the court's chief judge.  Pucci claimed that the termination of her employment was in retaliation for her complaints about Somers' preaching religious beliefs from the civil court bench. The court concluded that Pucci's complaints involved matters of public concern and were made in her capacity as a concerned citizen by approaching the State Court Administrator's Office.  As to disruption in the workplace that might have been caused be Pucci's complaint, the court said: "In this case, the defendant has shown only that the plaintiff's speech caused disharmony in a workplace already ringing with sour notes." Therefore her complaints were protected by the First Amendment. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In White v. Swartz, 2011 U.S. Dist. LEXIS 141927 (D ME, Dec. 6, 2011), a Maine federal magistrate judge rejected an inmate's complaint that his rights under RLUIPA were violated by the sex offender program that involved holding victims up to a "healing light". His complaint that he could not bring his Bible to morning meditations was also dismissed.

In Luzano v. Yates, 2011 U.S. Dist. LEXIS 142650 (ED CA, Dec. 12, 2011), a California federal magistrate judge dismissed, with leave to amend, a Native American inmate's claim that his free exercise and equal protection rights were violated when he was denid access to a sweat lodge.

In Bogard v. Perkins, 2011 U.S. Dist. LEXIS 142801 (ND MI, Dec. 12, 2011), a Mississippi federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142803, Nov. 1, 2011) and permitted an inmate who was a member of the Nazarite Religious (Hebrew Israelite) Faith to proceed with a free exercise challenge that the state's grooming standards that prevented him from wearing dreadlocks. It also permitted him to proceed with a retaliation claim.

In Johannes v. County of Los Angeles, 2011 U.S. Dist. LEXIS 142530 (CD CA, Dec. 5, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142528, April 8, 2011), and rejected the claim of an inmate who was civilly detained at tle Los Angeles County jail under the Sexually Violent Predator Act that SVPA detainees were not provided access to religious services.

In Lindensmith v. Jerome, 2011 U.S. Dist. LEXIS 143511 (ED MI, Dec. 14, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 143905, Oct. 25, 2011) and dismissed an inmate's complaint for money damages growing out of the initial refusal to deliver to him four books relating to his Thelema religion. After administrative hearings, he received one of the books and was reimbursed $114 for three of the books that were lost. Plaintiff then sued seeking over $43 million in punitive damages.

In Derrick v. Martin, 2011 U.S. Dist. LEXIS 143608 (ED MI, Dec. 14, 2011), a Michigan federal district court upheld a Department of Corrections policy that restricted the Kosher diet program to prisoners whose sincerity was demonstrated by their passing a test showing a basic knowledge of the Jewish religion and the requirements of keeping kosher.

In Buckley v. Alameida, 2011 U.S. Dist. LEXIS 143845 (ED CA, Dec. 14, 2011), a California federal magistrate judge recommended dismissing a complaint by a Black Orthodox Jewish inmate that his kosher food package was confiscated by officials because it exceeded size and weight limits permitted for inmates to possess.

In Flanagin v. Gurbino, 2011 U.S. Dist. LEXIS 143868 (ED CA, Dec. 13, 2011), a California federal magistrate judge recommended dismissing an inmate's challenge to prison policy that denied kosher meals to non-Jewish inmates.