Jay Leno Joke Using Golden Temple Photo Spurs Diplomatic Complaint, Lawsuit

Politico reports that a Jan. 19 late night skit by TV comedian Jay Leno has angered the Sikh community. Joking about the homes of the Republican presidential candidates, Leno showed photos of Newt Gingrich’s estate in Virginia and Ron Paul’s ranch house in Texas. He then referred to Mitt Romney's summer home but instead showed a photo of the sacred Golden Temple in Punjab, India. According to NDTV, the Indian government yesterday complained to US Assistant Secretary of State for South and Central Asia about the Leno skit.  At a press briefing on Monday (full text), before any formal contact from the Indian government, a State Department spokesperson in response to a question emphasized U.S. respect for Sikhs, but said that Leno's remarks are constitutionally protected. Meanwhile yesterday TMZ reports that a California man, Dr. Randeep Dhillon, has filed a libel suit against Leno, claiming that he falsely portrayed the Sikh religion's holiest place as a vacation resort owned by a non-Sikh.

NYPD Training Included Film Alleging Current Covert Jihad

Today's New York Times reports in a front page story that the 72-minute film, The Third Jihad, was shown on continuous loop to New York City police officers during training sign-in, and the training medical and administrative orientation process. The film, produced by the Clarion Fund, was shown for a period between 3 months and one year to at least 1,489 police officers. The film claims that there is a covert third Jihad taking place throughout the West today. In the film, a doctored photo shows an Islamic flag flying over the White House.

Washington State Likely To Approve Same-Sex Marriage

AP reported  yesterday that there are now enough votes in the Washington state legislature to pass SB 6239, a bill that legalizes same-sex marriage. The crucial 25th vote in the state Senate will come from state senator Mary Margaret Haugen who, in an announcement yesterday, said in part:

I have very strong Christian beliefs, and personally I have always said when I accepted the Lord, I became more tolerant of others. I stopped judging people and try to live by the Golden Rule. This is part of my decision. I do not believe it is my role to judge others, regardless of my personal beliefs.... For me personally, I have always believed in traditional marriage between a man and a woman.....

But this issue isn’t about just what I believe. It’s about respecting others, including people who may believe differently than I. It’s about whether everyone has the same opportunities for love and companionship and family and security that I have enjoyed.

Gov. Chris Gregoire has publicly endorsed the proposal which also appears to have sufficient support in the state House of Representatives to pass in that chamber. Nevertheless, the Washington State Catholic Conference has issued a public statement (full text) urging retention of the definition of marriage as a union between a man and a woman. The statement argues in part:

Upholding the present definition of marriage does not depend on anyone’s religious beliefs. Washington State’s present law defining marriage as "a civil contract between a male and a female" is grounded not in faith, but in reason and the experience of society. It recognizes the value of marriage as a bond of personal relationships, but also in terms of the unique and irreplaceable potential of a man and woman to conceive and nurture new life, thus contributing to the continuation of the human race. A change in legislation would mean that the state would no longer recognize the unique sacrifices and contributions made by these couples, thereby adding to the forces already undermining family life today.

Canadian Tax Trial Analyzes Structure of FLDS Community

Canada's Income Tax Act, Sec. 143, sets out special tax rules for communal religious organizations.  Businesses they conduct that support the members of a religious congregation are treated as if earned by a trust whose beneficiaries are the members of the congregation.  As reported yesterday by Canadian Press, in Vancouver, British Columbia, a trial is under way to determine whether this provision applies to the polygamous FLDS community of Bountiful, B.C. under the leadership of Winston Blackmore.  Blackmore claims that Bountiful split from the U.S. based FLDS church in 2002 and that its residents make up a separate religious congregation so that income from businesses in the community should be spread for tax purposes over all the residents.  Canadian tax officials, on the other hand, say that Blackmore is merely the patriarch of a large polygamous family, and they recomputed Blackmore's tax filings for several years to add $1.5 million to Blackmore's income. They say that Sec. 143 was designed only for closed communes such as Hutterite colonies. The trial is expected to produce testimony on details of Bountiful's structure and organization, and the beliefs of its residents.

Minnesota Appeals Court Remands Challenge To State Defense of Marriage Act

In Benson v. Alverson, (MN Ct. App., Jan. 23, 2012), three same-sex couples sued a county registrar for refusing to issue them marriage licenses, claiming that Minnesota's Defense of Marriage Act (MDOMA) violates their rights under the Minnesota constitution.  The appeals court held that the trial court properly dismissed the state as a party to the lawsuit, and correctly found that MDOMA did not violate the Single Subject clause or the Freedom of Conscience protections of the state constitution.  However, the appeals court remanded the case for further proceeding, holding that the trial court had improperly dismissed equal protection, due process and freedom of association challenges to MDOMA.  AP reports on the decision.

In Egypt's New Parliament, Some Try To Modify Oath To Refer To "God's Law"

Egypt's newly elected 508-member parliament, the People's Assembly, met yesterday for the first time. Daily News Egypt reports that early in the session, which elected Freedom and Justice Party secretary general Saad Al-Katatny as speaker, controversy broke out over members who attempted to modify the constitutional oath administered to them. Salafi Al-Asala Party member, Mamdouth Ismail, and 15 other members added to the official oath calling for respect for the constitution and law, the phrase "as long as it does not contradict God's law." Some liberal members added to the oath saying they would serve the revolution's goals.

Cert. Denied In Challenge To Tax On Political Expenditures By Non-Profits

The U.S. Supreme Court today denied certiorari, refusing to grant review in Catholic Answers, Inc. v. United States, (Docket No. 11-511, cert. denied 1/23/2012). (Order List.) In the case, the 9th Circuit 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.  (See prior posting.)

Yesterday Was 39th Anniversary of Roe v. Wade

Yesterday was the 39th anniversary of Roe v. Wade, the Supreme Court case that legalized abortion nation wide.  Rallies by abortion opponents were held in Lafayette Park across from the White House. (CNN) The U.S. Conference of of Catholic Bishops announced the National Prayer Vigil For Life scheduled for yesterday and today at the Basilica of the National Shrine of the Immaculate Conception in Washington. Yesterday President Obama issued a Statement (full text) marking the anniversary, saying in part:

[W]e must remember that this Supreme Court decision not only protects a woman’s health and reproductive freedom, but also affirms a broader principle: that government should not intrude on private family matters.  I remain committed to protecting a woman’s right to choose and this fundamental constitutional right....[N]o matter what our views, we must stay united in our determination to prevent unintended pregnancies, support pregnant woman and mothers, reduce the need for abortion, encourage healthy relationships, and promote adoption.  And ... we must also continue our efforts to ensure that our daughters have the same rights, freedoms, and opportunities as our sons to fulfill their dreams.

Anti-Evolution Bills Begin To Be Introduced In 2012 State Legislatures

The National Center for Science Education reported last week that so far this year, six separate anti-evolution bills have been introduced in state legislatures-- one in Oklahoma, one in Indiana, two in New Hampshire and two in Missouri. Here are links to the bills:  Oklahoma SB 1742; Indiana SB 0089; New Hampshire HB1148 and HB1457; Missouri HB1227 and HB1276.

French Politician Creates Controversy Proposing Jews and Muslims Have Their Holy Days Off

In France, the Green Party candidate for President, Eva Joly, has created a controversy by proposing that Jews and Muslims should be given the right to take off work or school on their major holidays.  According to a report in Haaretz today, Joly reasoned that since France's official holidays are based on Christian celebrations such as Easter, other religions should obtain "equal treatment in the public realm."  However politicians on both the right and left strongly criticized her proposal. Laurent Wauquiez, minister of higher education, said: "Our history and roots are Christian." He added:  "Toleration in France cannot be built on the negation of our past." Interestingly, Jewish groups are not eager to support the proposal either.  Richard Prasquier, president of the Representative Council of French Jewish Institutions, said: "Our country has a Catholic calendar: So what?"  A Muslim representative, the head of Paris' Great Mosque, said he liked the proposal, but it would not be easy to enact or implement it.

Recent Articles of Interest

From SSRN:

• Alfitri Alfitri, Can the Obligation of Zakat Be Enforced in a Non-Islamic State Like Indonesia?, (September 30, 2011).
• John Hasnas, Reflections on Corporate Moral Responsibility and the Problem Solving Technique of Alexander the Great, (Journal of Business Ethics, January 2012).

From SmartCILP:

• Daniel P. Dalton, The Religious Land Use and Institutionalized Persons Act--Recent Developments, 43 Urban Lawyer 853-876 (2011).
• Geoffrey W.G. Leane, Rights of Ethnic Minorities in Liberal Democracies: Has France Gone Too Far in Banning Muslim Women from Wearing the Burka?, 33 Human Rights Quarterly 1032-1061 (2011).
• Chad G. Marzen, Protecting Statements in Catholic Tribunal Proceedings Under the Priest-Penitent Privilege: Cimijotti v. Paulsen Considered, 88 University of Detroit Mercy Law Review 291-305 (2010).
• Michael W. McConnell, Is There Still a "Catholic Question" in America? Reflections on John F. Kennedy's Speech to the Houston Ministerial Association, 86 Notre Dame Law Review 1635-1653 (2011).

Recent Prisoner Free Exercise Cases

In Benning v. Georgia, 2012 U.S. Dist. LEXIS 4587 (MD GA, Jan. 13, 2012), an inmate who asserted that he is a "Torah observant Jew" challenged a prison's grooming policy, asserting that his religion bars him from using a razor on his facial hair and bars him from cutting his ear locks. The court upheld the prison's policy that if plaintiff wants to comply as to facial hair by using a depilatory, he must purchase it with his own funds from the commissary. However the court denied defendants' motion for summary judgment on the ear locks claim, and set the issue for trial. [corrected]

In Evans v. California Department of Corrections & Rehabilitation, 2012 U.S. Dist. LEXIS 5373 (CD CA, Jan. 18, 2012), a California federal district court allowed an inmate who is complaining that he has been denied a halal diet to move ahead with an Equal Protection claim added in his 4th Amended Complaint.  He asserted that authorities have forced him to betray his Muslim religious beliefs by forcing him to eat food which he sincerely believes is not halal, and by denying him access to the prison's kosher meal which is a permissible substitute for halal food.

In Bland v. Aviles, 2012 U.S. Dist. LEXIS 5583 (D NJ, Jan. 18, 2012), a jail inmate alleged denial of the right to attend religious services. The court dismissed his claim, with leave to file an amended complaint, finding that he had not alleged sufficient facts to support a free exercise or RLUIPA claim.

Jacob v. Colorado Department of Corrections, 2012 U.S. Dist. LEXIS 6213 (D CO, Jan. 19, 2012), is a Christian Separatist inmate's challenge under the 1st Amendment, RLUIPA and the Colorado constitution to a prison's restrictions on books, magazines, correspondence courses, the opportunity to take communion, and on classification of plaintiff as a member of a security threat group. A Colorado federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 151833, April 7, 2011) and dismissed claims for monetary relief but permitted plaintiff to move ahead on various claims under RLUIPA and the 1st Amendment for injunctive and declaratory relief.

In Monts v. Arpaio, 2012 U.S. Dist. LEXIS 5842 (D AZ, Jan. 18, 2012), an Arizona federal district court permitted an inmate who clams he adheres to Jewish beliefs (though he is not Jewish under religious law) to go to trial on whether he has a sincerely held belief in the religious necessity of eating a kosher diet.

Court Dismisses Claim That Security Clearance Revocation Was Based On Religious Issues

In Hegab v. Long, 2012 U.S. Dist. LEXIS 6203 (ED VA, Jan. 19, 2012), an employee of the National Geospatial-Intelligence Agency (NGA) claimed that his security clearance was unconstitutionally revoked on the basis of his wife's Islamic religion, her constitutionally protected speech and her employment by an Islamic faith-based organization.  The court dismissed the suit on the basis that review of an agency's security clearance revocation is precluded by the Supreme Court's 1988 decision in Department of Navy v. Egan.

Maine Legislators, Officials Form Legislative Prayer Caucus

Maine Today Media reported last week that Maine state legislators and state officials, including the governor, have formed the Maine Legislative Prayer Caucus. Last Tuesday, over 150 people, including 50 mostly Republican and a few Democratic legislators, participated in a ceremony announcing the new group.  The group is affiliated with Pray USA, an initiative that seeks to "preserve the Judeo-Christian heritage of our nation and protect American religious liberty." Maine is the sixth state to create a formal group. The group which is nonpartisan will meet once a week to pray for fellow legislators and other state and national government leaders. Gov. Paul LePage said: "The separation of church and state is not a separation from public life. Always, our courts are taking symbols of religion out of our public house, but they can't take religion out of our hearts."

UPDATE: On Jan. 17 the Maine Legislative Prayer Caucus issued a Call To Prayer For Maine, and a few days later the Freedom From Religion Foundation sent the Governor, legislative leaders and other caucus members a memo (full text) pointing out "historical fallacies, contradictions and inaccuracies" in the Call To Prayer document.

No Tithing Exemption Allowed From Garnishment Order

United States v. Thomas, 2012 U.S. Dist. LEXIS 5600 (ED CA, Jan. 17, 2012), is an action seeking garnishment of defendant's wages to pay off a $1.86 million balance on a restitution order growing out of her criminal conviction for embezzlement of funds from her employer. Among other claims, defendant sought to exclude 10% of her monthly pay from garnishment so she can use it to tithe to her church, the Church of Jesus Christ of Latter Day Saints. The court denied this request, holding:

defendant has provided no legal authority or argument whatsoever supporting the proposition that the court's denial of a tithing exemption from garnishment would constitute a First Amendment violation. For this lack of legal support alone, defendant's request should be denied.

Additionally, defendant failed to provide factual support for the proposition that she would be prevented from attending her church or temple if she failed to pay her tithe. 

In Nigeria, Islamic Militants Kill Around 150 In Attacks In Kano

In Nigeria, the Boko Haram-- a militant group that seeks to overthrow the current government and create an Islamic state-- has killed dozens in city of Kano.  The number of dead is reported variously between 143 and 162.  BBC News reports that the deaths came in a series of explosions around the city that is under 24-hour curfew.  Among the targets were police stations, State Security Service headquarters, and passport and immigration offices.

Rabbi Speculates On Whether New White House Chief of Staff Can Continue His Sabbath Observance

Earlier this month, President Obama appointed Jack Lew as his new chief-of-staff after his former chief-of-staff, Bill Daley, resigned. The new chief-of-staff is an Orthodox Jew. An interesting opinion piece this week in The Forward by Rabbi Ethan Tucker explores whether and how Lew will be able to continue to observe the Sabbath in a position that generally required 24/7 activity. Tucker writes in part:

We live in a thrilling moment for Shabbat observance. It is a moment in which the general culture is truly ready to hear much of its message. And it is also a moment in which being observant is not a barrier to serving one’s country and society at the highest echelons of power. I am sure Jack Lew will find ways to avoid all unnecessary meetings on Shabbat and will be in a position to avoid certain concrete physical tasks like writing that have been core elements of Shabbat observance for millennia. But when he does find himself in the office on a Saturday — beckoned by the president to deal with issues of national concern — I hope he and we will remember Rav Sheshet’s [Talmudic] insight: The Jew’s commitment to infusing our world with Jewish values and leadership is ultimately a 24/7 endeavor.

HHS Reacts To Comments On Required Contraception Coverage By 1-Year Conscience Extension

Last August, the Department of Health and Human Services issued a controversial interim final rule (full text) under the Affordable Care Act requiring that contraceptive services (all contraceptive methods, sterilization and counseling) be covered by most insurance policies without deductibles or co-pays. (Rule summary). The rule exempted from this requirement only those non-profit religious employers whose primary purpose is the inculcation of religious values and which also both employ and serve only individuals who share the groups' religious tenets.  That exemption was criticized by a number of religious groups as being too narrow. (See prior posting.) Yesterday, in a news release, the Department of Health and Human Services announced that after reviewing comments submitted on the interim final rule, it has decided to change it only by giving an additional year (until Aug. 1, 2013) for compliance to non-profit employers who, based on religious beliefs, do not currently provide contraceptive coverage in their insurance plan. The U.S. Conference of Catholic Bishops quickly issued a release quoting spokesmen who asserted: "In effect, the president is saying we have a year to figure out how to violate our consciences" and called the decision "nothing less than a direct attack on religion and First Amendment rights." The New York Times reports on the HHS decision and reactions of other groups.

Pentecostal Detention Officer Loses Most Claims About Pants-Only Policy

Finnie v. Lee County, Mississippi, (ND MS, Jan. 17, 2012), is a lawsuit brought by a former juvenile detention center security officer who was terminated after she insisted on wearing a skirt rather than the pants required by the sheriff's department uniform policy.  Plaintiff Crystal Finnie originally complied with the uniform policy, but refused to do so after she converted to the Pentecostal faith in August 2008.  In a 67-page opinion, the court dismissed Finnie's free exercise and free speech claims, as well as her Title VII religious and gender discrimination claims. However it permitted her to proceed with her claim that her dismissal was in retaliation for her filing an EEOC complaint. AP reports on the decision.

Pope Speaks To Bishops About Religious Freedom Threats In U.S.

Pope Benedict XVI yesterday addressed the bishops of Washington, DC and surrounding areas who are in the Vatican for their as limina visit. Zenit headlines its coverage of the talk: "Pope Backs U.S. Bishop's Concern About Religious Freedom." In his address (full text), the Pope said in part:

The Church’s witness, then, is of its nature public: she seeks to convince by proposing rational arguments in the public square. The legitimate separation of Church and State cannot be taken to mean that the Church must be silent on certain issues, nor that the State may choose not to engage, or be engaged by, the voices of committed believers in determining the values which will shape the future of the nation.

In the light of these considerations, it is imperative that the entire Catholic community in the United States come to realize the grave threats to the Church’s public moral witness presented by a radical secularism which finds increasing expression in the political and cultural spheres. The seriousness of these threats needs to be clearly appreciated at every level of ecclesial life. Of particular concern are certain attempts being made to limit that most cherished of American freedoms, the freedom of religion. Many of you have pointed out that concerted efforts have been made to deny the right of conscientious objection on the part of Catholic individuals and institutions with regard to cooperation in intrinsically evil practices. Others have spoken to me of a worrying tendency to reduce religious freedom to mere freedom of worship without guarantees of respect for freedom of conscience.

Here once more we see the need for an engaged, articulate and well-formed Catholic laity endowed with a strong critical sense vis-à-vis the dominant culture and with the courage to counter a reductive secularism which would delegitimize the Church’s participation in public debate about the issues which are determining the future of American society....

In this regard, I would mention with appreciation your efforts to maintain contacts with Catholics involved in political life and to help them understand their personal responsibility to offer public witness to their faith, especially with regard to the great moral issues of our time: respect for God’s gift of life, the protection of human dignity and the promotion of authentic human rights.

(See prior related posting.)