5th Circuit Dismisses Disjointed Free Exercise Claim of Former City Employee

In Sawyer v. Wright, (5th Cir., March 7, 2012), the U.S. 5th Circuit Court of Appeals dismissed a free exercise claim brought against an array of church and city officials by a former employee of the city of Austin, Texas. Plaintiff, appearing pro se, claimed that the city fired him when he refused "to lie, cheat, deceive, and steal," which he considers violations of "the religion he was ordained in."  The court, describing plaintiff's pleadings as disjointed and his brief as incomprehensible, held: "Nowhere does [plaintiff] allege a coherent sequence of facts tending to show that his Free Exercise claim is plausible."

Presbyterian Church Loses Malpractice Claim Appeal Against Lawyers In Property Dispute

In Eastminster Presbytery v. Stark & Knoll, (OH App., March 7, 2012), an Ohio appeals court dismissed a malpractice claim brought against a law firm by a local Presbytery of the Presbyterian Church USA after the Presbytery lost its claim that property of a break-away congregation was held in trust for PCUSA. The Presbytery argued that had counsel included a complete and properly authenticated copy of the PCUSA 1981 Book of Order as an exhibit in support of its motion for summary judgment, it would have prevailed in the underlying case. The court of appeals agreed with the trial court that even if a copy of the Book of Order had been properly provided to the court, it would not have changed the result in the case. Despite provisions in the Book of Order stating that church property is held for the benefit of PCUSA, the break-away congregation "did not indicate by words or acts that it intended by its voluntary association with the PCUSA to create a trust over its property." The court also held that the 1st Amendment permits it to apply neutral principles of law to resolve the property dispute and does not require a court to defer to ecclesiastical documents of the parent denomination.

Argentine Court Bars Religion In Public Schools; Bishops Object

CNA reported yesterday that Catholic bishops in Argentina's Salta province are criticizing a local appeals court decision that bars Catholic religious practices in public school classrooms. The decision banned  classroom prayers, grace before meals, the reading of the Bible and the celebration of Catholic feasts in public schools. The bishops, however, asserted: "It is the duty of the public school to respect and creatively pass on the culture and identity of a people," and argued that public expression of faith is a protected right so long as it does not obstruct the functioning of the school or deny the rights of others. The bishops want religion taught in the schools, with parents having the right to opt their children out of the class.

Court Sorts Out Privilege Claims In Discovery of Diocese Documents

Thopsey v. Bridgeport Roman Catholic Diocesan Corp., 2012 Conn. Super. LEXIS 448 (CT Super. Ct., Feb. 15, 2012), involves a dispute over plaintiff's discovery of certain documents in a suit against the Bridgeport Roman Catholic diocese growing our of alleged sexual abuse of plaintiff by a priest, John Castaldo. Plaintiff sought various documents relating to what the diocese knew about the sexual proclivities of Castaldo. The court concluded that 7 of the documents at issue in some fashion seek religious or spiritual advice, aid or comfort, and are therefore protected from disclosure by a state statute protecting confidential communications with members of the clergy. The court found that a number of documents at issue concern the internal management of the diocese and not the claim of tortious conduct. Finally, as to 14 other documents, the court holds that they are not protected by a "free exercise" privilege:

Certainly, the Catholic Church finds the sexual abuse of children to be wrongful. The contribution toward, condoning or causation of such activity in no way comports with the tenets or practices of Catholicism. Government interference with the practices of the Catholic faith are not implicated in this discovery matter. Therefore, the court does not find that invocation of the free exercise privilege is separately warranted as to these 14 documents in light of the allegations of the complaint.

French Presidential Election Debate Focuses On Halal and Kosher Slaughter

The first round of the French Presidential elections are scheduled for April 22. Just as in the U.S., economic issues appear to have become sidetracked in the election battles by church-state and religious freedom issues. This week, the Washington Post, Bloomberg News and Haaretz all report that the issue of halal and kosher slaughter of meat has become a central issue in the bitter election campaign. The furor began with a claim by right-wing National Front party leader Martine Le Pen that in slaughter houses around Paris, all meat is slaughtered according to halal rules and that millions of French people are eating halal meat without knowing it.  Apparently that claim is accurate since the economics of the meat industry lead slaughter houses to use only one method of slaughter. Halal meat can be sold to general supermarkets as well as to Muslim consumers.

Sensing the appeal of the issue, President Nicolas Sarkozy on Saturday called for labels on all meat describing whether or not the animals were stunned before slaughter. Neither halal nor kosher slaughter stuns animals. After Sarkozy's statetment,  Prime Minister Francois Fillon said in a radio interview that "religions should reflect on dietary rules that don’t have much to do with the modern state of science, technology and sanitation." In the same vein, Interior Minister Claude Gueant warned against the Socialist Party's proposal to allow immigrants the right to vote in municipal elections. He said this would lead to Muslims forming majorities on local councils and their requiring halal meat in school cafeterias.

Prime Minister Fillon's remarks have particularly upset Muslim and Jewish leaders who have strongly criticized his statements. Fillon met yesterday with Jewish leaders where he said that nothing should put into question the continuation of ritual slaughter in France. Fillon will meet today with Muslim leaders.

U.S. Agrees To Kosher Food Condition For Extradition of Fugitive From Israel

As previously reported, a trial court in Tel Aviv, Israel last month ruled that a U.S. request for extradition of a convicted hit-and-run driver should be denied unless it is assured that the driver will have access to kosher food while serving his sentence. Haaretz reported today that the U.S. has agreed to the condition for extradition. U.S. authorities say that Lawrence Seth Wayne will be placed in a county jail where he can receive kosher food, until a decision is made on a more permanent facility with kosher food which would house him. [Thanks to Joel Katz [Relig & State in Israel] for the lead.]

Chabad Seeks Contempt Sanctions Against Russia In Suit Over Library Collection

In 2010, the D.C. federal district court issued a default judgement against the Russian Federation in Agudas Chasidei Chabad of United States v. Russian Federation, ordering it to return two collections of valuable Jewish religious books and manuscripts to Chasidei Chabad of United States. (See prior posting.)  Now, according to Blog of the Legal Times, Chabad has filed a request for issuance of contempt sanctions (full text of motion filed 3/5/2012). The filing explains:

Chabad has made a good faith effort to negotiate with Defendants, including multiple meetings at the Russian Embassy in Washington, D.C. Unfortunately, Defendants have not complied with the Court’s judgment. Nor have Defendants agreed to return any portion of the Collection as a result of diplomatic efforts... On January 13, 2012, Russian Culture Minister Alexander Avdeyev announced at a press conference that “A constructive dialogue over the Schneerson Library will be possible only after the U.S. court reverses its decision and the claimant withdraws its lawsuit.” Defendants’ position is unacceptable.

Accordingly, Chabad respectfully requests that the Court enter an Order finding defendants ... in contempt of court and issue a significant daily or weekly monetary sanction against each them for refusing to comply with the Court’s judgment. Chabad also intends to proceed with enforcement of the Court’s judgment ... but will not seek to attach any art or objects of cultural significance subject to the immunity protections of 22 U.S.C. § 2459.

Britain's Equality and Human Rights Commission Issues New Report

Britain's Equality and Human Rights Commission yesterday issued its Human Rights Review, a study of how well public authorities protect and promote human rights in England and Wales. One chapter of the study is devoted to Art. 9 of the European Convention on Human Rights that protects freedom of thought, conscience and religion. The chapter concludes that "Courts are setting too high a threshold for establishing 'interference' with the right to manifest a religion or belief."  The report also criticizes "indirect discrimination" precedents in which British courts focus on group, rather than individual, disadvantage growing out of challenged practices. Christian Today reports that the Evangelical Alliance protested another passage in the Commission's report: "The Commission believes that an employer may legitimately refuse to accommodate an individual’s religious beliefs where such accommodation would involve discrimination on the basis of other protected characteristics."

Religious Objections Raised To Possible Saturday Referendum On Scottish Independence

The Scottish government is planning to hold a referendum in Fall 2014 on Scottish independence from the United Kingdom. (Background).  In response to a Consultation Paper issued by the Scottish government that raises the possibility of holding the referendum on Saturday, the Scottish Council of Jewish Communities plans to say that holding the referendum on Saturday will disadvantage observant Jews.  According to the Press Association yesterday, the draft response by the Jewish organization says that voting by mail is not an adequate alternative since it would require voting before the end of the campaign. The organization is also concerned about pressure on Jews to work at the polls on Saturday.  The Scottish Churches Parliamentary Office that coordinates responses from Christian churches also warns that a Saturday primary could create problems because it might involve counting of votes on Sunday.

Amish Defendants Say Hate Crimes Law Is Unconstitutional and Inapplicable To Alleged Assaults

As previously reported, last November federal prosecutors brought charges of conspiracy to violate the federal  Hate Crimes statute against seven members of the Amish Bergholz clan who allegedly assaulted and cut the beards of 4 members of a different Amish community. Yesterday's Pittsburgh Post-Gazette reported that lawyers who are defending Bergholz clan leader Sam Mullet have asked the court to dismiss the charges on the ground that Congress exceeded its constitutional powers in enacting the Hate Crimes law.  They argue that hate crimes do not affect interstate commerce, and that the crimes involved here were all committed in Ohio. They also argue that the Hate Crimes Prevention Act was designed to protect members of minority religions against actions from those outside it, and that it should not apply where the defendants and the victims were members of the same religion. They say that the assaults here are not alleged to be based on anti-Amish bias.

Suit Invokes Whistle Blower Protections of Dodd-Frank Against Religious Organization

The Tennessean yesterday reported on a lawsuit, recently removed to federal court, testing the extent to which employees of the Southern Baptist Convention and its International Mission Board are protected by the whistle blower protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Sec. 21F of the Securities Exchange Act). Plaintiff is Ron Nollner, a former Nashville Metro councilman, who, with his wife, was sent to India to oversee construction of an office building for the International Mission Board. Nollner says he was fired when he complained about illegal and unsafe  building practices and reported that the builder and the architect were paying bribes to obtain approvals to complete the building. While so far defendants have raised mainly procedural issues, they indicate they will assert the ministerial exception defense if the case is not dismissed on other grounds.

4th Circuit: Qualified Immunity Protects Officers Who Barred Graphic Anti-Abortion Signs

In Lefemine v. Wideman, (4th Cir., March 5, 2012), the U.S. 4th Circuit Court of Appeals held that Greenwood County Sheriff’s Department officials had qualified immunity as to damage claims against them by an anti-abortion organization, Columbia Christians for Life. The court held that it was not clearly established at the time of the group's 2005 anti-abortion demonstration that  law enforcement officers could not bar the display, even in a traditional public forum, of large graphic photos of aborted fetuses. The court also upheld the district court's refusal to award attorneys' fees to plaintiffs as well as the scope of the district court's injunctive and declaratory relief.

Australian Requirement On Identifying Veiled Women Signing Documents Taking Effect

In the Australian state of New South Wales, on April 30 new laws take effect which will require Muslim women wearing the full face veil to remove it when signing documents that need to be officially witnessed. According to The National yesterday, the law passed last December imposes a fine of 220 dollars Australian on justices of the peace and lawyers who witness documents without checking the identity of the person signing it by asking the person to show her face. Muslim women will generally be able to locate women justices of the peace to witness documents.

Israeli Mail Carriers Object To Delivering New Testaments

In Israel, mail carriers in the city of Ramat Gan are refusing to deliver thousands of copies of the New Testament translated into Hebrew that have been mailed to city residents. According to YNet News today, religious mail carriers are asserting that delivering the books, which they see as missionary material, violates their conscience. They say that delivering the books to Jewish residents violates halacha (Jewish religious law).  They also say that delivering missionary material is illegal under Israeli civil law, though that is unclear. The U.S. State Department Religious Freedom Report says:

Proselytizing is legal in the country, and missionaries of all religious groups are allowed to proselytize all citizens. A 1977 law prohibits any person from offering material benefits as an inducement to conversion. It is also illegal to convert persons under 18 years of age unless one parent is an adherent of the religious group seeking to convert the minor. Despite the legality of proselytism, the government has taken a number of steps that discouraged proselytizing and encouraged the popular perception that it is illegal.

The Israel Postal Company says: "The Israel Postal Company is a governmental company operating in accordance to the Postal Law, which obligates us to distribute any mail it receives. The Israel Postal Company has no right or ability to chose what it can or cannot distribute. Therefore, the mail will be distributed according to the law."

Florida Legislature Passes Bill Authorizing Student-Led Inspirational Messages

Last Thursday, the Florida House of Representatives passed by a vote of 88-27 and sent to the governor for signature SB 98. The bill authorizes school districts to adopt policies allowing inspirational messages to be composed and delivered by students at student assemblies. The bill already passed the state Senate in early February by a vote of 31-8. According to last Thursday's Palm Beach Post News, Gov. Rick Scott is expected to sign the bill into law.

Recent Articles of Interest

From SSRN:

• Abdulla Galadari, Punishment of a Merciful God: A Qur’anic Explanation of an Apparent Contradiction, (The International Journal of the Humanities, Vol. 9, No. 6, pp. 47-54, 2012).
• Ekaterina Yahyaoui Krivenko, The Islamic Veil and its Discontents: How Do they Undermine Gender Equality, (Religion and Human Rights, Vol. 7, No. 1, pp. 11-29, 2012).
• Linda Ross Meyer, Love, Law and Sacrifice in 'to Kill a Mockingbird', (December 26, 2011).
• Haider Ala Hamoudi, The American Commercial Religion, (Depaul Business and Commercial Law Journal, Vol. 10, January 26, 2012).
• Nicholas Matich, Forum Domination: Religious Speech in Extremely Limited Public Fora, (Virginia Law Review, Vol. 98, No. 5, 2012).
• Justin McDevitt, Avoiding the Salaam Witch Trials: Lessons the U.S. Should Learn from Europe About Welcoming Muslims, (March 1, 2012).
• Kristen A. Carpenter, Limiting Principles and Empowering Practices in American Indian Religious Freedoms, (March 2, 2012).

SmartCILP:

• Sarah Lunsford Kohen, Religious Freedom in Private Lawsuits: Untangling When RFRA Applies to Suits Involving Only Private Parties, 10 Cardozo Public Law, Policy & Ethics Journal 43-80 (2011).

Recent Prisoner Free Exercise Cases

In Kendrick v. Pope, (8th Cir., March 1, 2012), in a 2-1 decision, the U.S. 8th Circuit Court of Appeals held that an Arkansas inmate had adequately exhausted her administrative remedies relating to confiscation of her Catholic Bible, rosary beads, and other religious materials during a November 2007 cell shakedown. Judge Colloton concurred in part and dissented in part.

In Dayringer v. Webster, 2012 U.S. Dist. LEXIS 23771 (WD MO, Feb. 24, 2012), a Missouri federal magistrate judge rejected a Christian Separatist Church Society inmate's free exercise, equal protection and RLUIPA challenges to a Missouri Department of Corrections policy that limited inmates to possessing six books. It also rejected claims that searches of plaintiffs' cells were retaliatory.

In Garrison v. O'Dell, 2012 U.S. Dist. LEXIS 23905 (ED WA, Feb, 24, 2012), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 153512, Nov. 18, 2011) and dismissed an inmate's complaint that his rights were infringed when correctional officers tampered with his food; said it looked "Jewishly kosher"; gave food plaintiff refused to other inmates; and mixed kosher and non-kosher foods.

In Trevino v. Martel, 2012 U.S. Dist. LEXIS 24296 (ND CA, Feb. 24, 2012), a California federal district court permitted a Native American inmate to move ahead with his complaint that prison officials denied him the use of tobacco for religious purposes and retaliated against him for filing grievances regarding tobacco by locking the gate to the religious sweat lodge.

In Saldana v. Borem, 2012 U.S. Dist. LEXIS 26131 (SD CA, Feb. 24, 2012), a California federal district court, rejecting in part a magistrate's recommendations (2011 U.S. Dist. LEXIS 153697, Dec. 16, 2011) dismissed, in part with leave to amend, complaints by an inmate who was a member of the Nahuatl/Aztec religion that a drawing with religious significance was seized as pornography.

In Locklear v. Thomas, 2012 U.S. Dist. LEXIS 25987 (ED NC, Feb. 29, 2012), a North Carolina federal district court dismissed 1st Amendment and  RLUIPA claims regarding treatment of Native American inmates at a religious feast and plaintiff's being barred from attending a prayer circle.

In Easterling v. Pollard, 2012 U.S. Dist. LEXIS 26728 (ED WI, Feb. 29, 2012), a Wisconsin federal district court dismissed a claim by a Sunni Muslim inmate who insisted that he should observe Ramadan beginning 3 weeks earlier than the date set by the Figh Council of North America on which the Department of Corrections relies.

Report Traces Development of Santorum's Religious Faith

Today's New York Times carries a long front-page story on Rick Santorum's development of his religious faith. Titled From ‘Nominal Catholic’ to Clarion of Faith, the article reports:

Central to Mr. Santorum’s spiritual life is his wife, whom he calls “the rock which I stand upon.” Before marrying, the couple decided to recommit themselves to their Catholic faith — a turnabout for Karen Santorum, who had been romantically involved with a well-known abortion provider in Pittsburgh and had openly supported abortion rights, according to several people who knew her then....

The Santorums’ beliefs are reflected in a succession of lifestyle decisions, including eschewing birth control, home schooling their younger children and sending the older boys to a private academy affiliated with Opus Dei, an influential Catholic movement that emphasizes spiritual holiness....

 Mr. Santorum was elected to the United States Senate in 1994. He likes to say he found God there.... His more spiritual path, he said, was prompted in part by a hallway encounter with Don Nickles, then a Republican senator from Oklahoma, who urged Mr. Santorum to attend a Bible study with fellow senators.... In the Senate, Mr. Santorum started a prayer group and would go on to help convert a fellow senator, Sam Brownback, now the governor of Kansas, to Catholicism....

In a 2002 essay, Mr. Santorum wrote that too many Catholics had been exposed to “uninspired, watered-down versions of our faith” and that it was time for more committed Catholics to reclaim religious institutions, like colleges, schools and hospitals, “for the sake of our souls.”

U.S. Muslim Group Launches Campaign To Explain Shariah

Islamic Circle of North America (ICNA) has announced that on Monday it is launching a campaign titled "Defending Religious Freedom" which is designed to create a better understanding of shariah law and to dispel common misunderstandings of it. The Defending Religious Freedom website furnishes extensive resources on shariah and on the progress of anti-shariah bills in numerous state legislatures. According to Religion News Service, the new campaign by ICNA will cost some $3 million and will feature billboards in at least 15 U.S. cities. ICNA will also sponsor "Shariah seminars" on 20 college campuses, as well as town halls and interfaith events in 25 cities.

House Resolution Condemns Iran's Persecution of Religious Minorities And Sentencing of Christian Convert

On Thursday, by a vote of 417-1, the U.S. House of Representatives passed H. Res. 556 condemning Iran's persecution of religious minorities and calling for the release of Youcef Nadarkhani as well as all others held or charged on account of their religion. Nadarkhani is a Muslim convert to Christianity who has been sentenced to death for apostasy and refusing to recant his new faith. (See prior related posting.) The New Orleans Times-Picayune reports that the single "no" vote on the House Resolution by Louisiana representative Lois Capps was cast by mistake. She in fact strongly supports the resolution.