India Expels Chabad Rabbi To Israel

Haaretz reported that the Indian government on Tuesday expelled to Israel a Chabad rabbi who was serving the small ancient Jewish community in Cochin. The rabbi's wife was also expelled. The Indian government charged that Rabbi Zalman Bernstein did not declare on his visa application that he would be conducting religious activities and would be trying to convert foreigners. Local newspapers reported that the rabbi was holding unusual nighttime meetings at his home, suggested he was receiving outside support and said some thought he was spying for Israel. Rabbi Bernstein suggested that the expulsion order was pressed by owners of local hotels and restaurants who disliked the competition from Chabad offering Friday evening Shabbat dinner free of charge.

Washington Court Decision Allows Signature Collection In Anti-Gay Marriage Referendum

The Olympian reports that a Washington state court yesterday ruled on the language that should be used in a proposed referendum on the state's recently enacted same-sex marriage bill. (See prior posting.) The decision means that opponents of same-sex marriage can print petitions and begin to collect signatures.  They need almost 121,000 valid signatures by June 6 for the referendum to appear on this November's ballot. In its ruling, the court agreed with the ACLU's proposed language change in the ballot description of the measure.

South Dakota Governor Signs Law Barring Government Enforcement of Religious Codes

On Monday, South Dakota Gov. Dennis Daugaard's office announced that the governor has signed House Bill 1253 (full text) which provides: "No court, administrative agency, or other governmental agency may enforce any provisions of any religious code." The ABA Journal says that the bill is aimed at Islamic law, but was worded neutrally to bolster the chances of surviving a constitutional challenge which civil rights advocates are planning to file.

Meanwhile, the Tampa Bay Times last week reported that an anti-Shariah bill (SB 1360) that passed the Florida House of Representatives died in the state Senate.

Nursing Home Settles Religious Accommodation Suit With EEOC

The EEOC announced yesterday that a consent decree has been entered in a religious discrimination lawsuit it filed against Menorah House, a Boca Raton, Florida nursing and rehabilitation facility.  The suit was filed on behalf of two Seventh Day Adventist nursing assistants who were fired after they refused to comply with management's new policy of requiring everyone to work on Saturdays.  The EEOC said that Menorah House had a duty to reasonably accommodate the nursing assistants' religious beliefs. In the settlement, Menorah House agreed to pay $125,000 in damages, revise its written policies and conduct anti-discrimination training for all employees.

Trial Begins In NASA Employee's Claim of Demotion Because of His Views On Intelligent Design

In a Los Angeles trial court yesterday, opening statements began in the high-profile lawsuit filed by former Jet Propulsion Laboratory (JPL) employee David Coppedge.  JPL operates under contract with NASA. Coppedge, a computer systems administrator, claims he was harassed and demoted for allegedly pressing his opinions favoring intelligent design and opposing gay marriage on co-workers and sharing with them DVDs promoting intelligent design. He says that subsequently he was fired for filing a religious discrimination lawsuit. According to the Los Angeles Daily News, JPL officials say that Coppedge's demotion did not affect his pay or benefits, and that his firing was part of a staff reduction. (See prior related posting.)

Victim Advocacy Group Gets Subpoenaed By Catholic Church

The New York Times today reports that in two Missouri clergy sex abuse cases, the Roman Catholic Church and lawyers for accused priests have subpoenaed the victim advocacy group Survivors Network of Those Abused by Priests (SNAP), and taken a lengthy deposition from its national director, David Clohessy.  SNAP has been subpoenaed five times in recent months, even though it is not a party in the lawsuits. One of the subpoenas asks SNAP to turn over all documents in the last 23 years that mention repressed memory, any current or former priest in Kansas City, the diocese, the priest who is alleged to have abused the plaintiffs, the John Doe plaintiff or plaintiff's attorney.  According to the Times report:

... William Donohue, president of the Catholic League for Religious and Civil Rights, a church advocacy group in New York, said targeting the network was justified because “SNAP is a menace to the Catholic Church.”

Mr. Donohue said leading bishops he knew had resolved to fight back more aggressively against the group... He said bishops were also rethinking their approach of paying large settlements to groups of victims. “The church has been too quick to write a check, and I think they’ve realized it would be a lot less expensive in the long run if we fought them one by one,” Mr. Donohue said.

However, a spokeswoman for the United States Conference of Catholic Bishops, Sister Mary Ann Walsh, said Mr. Donohue was incorrect. “There is no national strategy,” she said, and there was no meeting where legal counsel for the bishops decided to get more aggressive.

Court Awards Attorneys Fees In Christian's Challenge To Dearborn Anti-Leafleting Ordinance

Last year, the U.S. 6th Circuit Court of Appeals, in a 2-1 decision, held unconstitutional on free speech grounds Dearborn, Michigan's leafleting restrictions that barred a group of Christians from proselytizing on public sidewalks surrounding the city's annual Arab International Festival. (See prior posting.) On remand, the district court enjoined enforcement of the leafleting restrictions.  Now, in Saieg v. City of Dearborn, 2012 U.S. Dist. LEXIS 32062 (ED MI, March 9, 2012), a Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 31705, Jan. 27, 2012) and ordered the city of Dearborn to also pay $1 in nominal damages and to pay plaintiffs $103,401.96 is attorneys' fees and costs.

Donor To Christian School May Remain Anonymous In RLUIPA Lawsuit

Tree of Life Christian Schools v. City of Upper Arlington, 2012 U.S. Dist. LEXIS 32205 (SD OH, March 12, 2012) is a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act brought against the city of Upper Arlington, Ohio by a Christian school whose zoning application for a conditional use permit was denied.  The city sought in discovery to learn the name of an anonymous donor to the school who had pledged $6.5 million to purchase the property at issue. The city said it wanted to determine whether the donor was willing to contribute to purchase a different piece of land and whether the donor had the capacity to pay the portion of the pledged amount still outstanding. An Ohio federal magistrate judge agreed with plaintiff that disclosing the donor's name would violated plaintiff's 1st Amendment associational rights. It will impact both plaintiff's relationship with the donor and its ability in the future to attract contributions

British Government Reportedly Will Back Employers' Ban On Wearing Christian Cross

According to the London Telegraph last week, Christian groups in Britain are upset over the position that the government reportedly will take in a group of religious freedom cases pending in the European Court of Human Rights against Britain. Apparently in opposition to the position put forward by Britain's Equality and Human Rights Commission (see prior posting), the government will argue that because it is not a "requirement" of the Christian religion, employers may ban employees from wearing a cross at work.

UPDATE: Despite the position of the Foreign Office is its official response in the case, the Telegraph (3/13) reports that if the European Court rules against the two women who wish to wear a cross at work, Prime Minister Cameron would consider changing the law to allow at least a discreet display of the religious symbol

Poll of Today's Likely Republican Primary Voters Shows Religious Attitudes

Public Policy Polling yesterday released the results of a poll of likely Republican voters in today's Alabama and Mississippi primaries. Certain of the questions revealed interesting insights into voters' religious beliefs and attitudes:

• Q16: Are you an Evangelical Christian, or not?  In Alabama, 68% yes.  In Mississippi, 70% yes.

• Q22 Do you think Barack Obama is a Christian or a Muslim, or are you not sure? In Alabama, 14% think he is Christian, 45% think he is Muslim, 41% are not sure.  In Mississippi, 12% think he is Christian, 52% think he is Muslim, 36% are not sure.

• Q23 Do you believe in evolution, or not?  In Alabama, 26% do, 60% do not, 13% are not sure.  In Mississippi, 22% do, 66% do not, 11% are not sure.

• Q24 Do you think that interracial marriage should be legal or illegal? In Alabama, 67% say it should be legal, 21% say it should be illegal, 13% are not sure.  In Mississippi, 54% say it should be legal, 29% say it should be illegal, 17% are not sure.

Turkish Military Court Applies European Human Rights Precedents To Conscientious Objectors

A Turkish millitary court last week handed down an important decision on the rights of conscientious objectors.  Both Hurriyet Daily News and BIA News Agency report on the March 7 decision by the Malatya Military Court in the case of Muhammed Serdar Delice. While the court refused to recognize Delice as a conscientious objector-- finding that he deserted because of financial and psychological problems-- the court for the first time held that protections of the European Convention on Human Rights should be applied in conscientious objector cases. Pointing to the provisions of Art. 90 of the Turkish Constitution that provide that international agreements duly put into effect have the force of law, the Turkish court referred to last year's decision by the European Court of Human rights in Bayatyan v. Armenia holding that that Art. 9 of the European Convention on Human Rights protects military conscientious objectors. (See prior posting.)

Student May Hand Out Christmas Party Invitations

In K.A. v. Pocono Mountain School District, 2012 U.S. Dist. LEXIS 28749 (MD PA, March 2, 2012), a Pennsylvania federal district court issued an opinion explaining its denial of reconsideration of a previously granted preliminary injunction (2011 U.S. Dist. LEXIS 121250, Oct. 20, 2011) allowing a 5th grader to distribute flyers to her classmates inviting them to a Christmas party sponsored by her church. In denying reconsideration, the court held that the issue should be analyzed under the standards set out in the Supreme Court's Tinker case, rather than using a non-public forum analysis. The Legal Intelligencer reports on the decision.

Recent Articles of Interest

From SSRN:

• Meredith Render, Religious Practice and Sex Discrimination: An Uneasy Case for Toleration, (Matters of Faith, Austin Sarat, ed., Cambridge University Press, 2012).
• Howard M. Wasserman, Prescriptive Jurisdiction, Adjudicative Jurisdiction, and the Ministerial Exemption, (University of Pennsylvania Law Review PENNumbra, Vol. 160, 2012).
• John D. Inazu, The Limits of Integrity, (Law and Contemporary Problems, Vol. 75, 2012).
• Yossi Nehushtan, Granting Conscientious Exemptions: The Need to Take Sides, (Religion and Human Rights, Vol. 7, pp. 31-58, 2012).
• Roberta Rosenthal Kwall, The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights, (Vanderbilt Journal of Entertainment & Technology Law, Forthcoming).
• Carl H. Esbeck, A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, (Engage, Forthcoming 2012).
• Beverly I. Moran, Islamic Law Meets Erisa: How America’s Private Pension System Unintentionally Discriminates Against Muslims and What to Do About It, (Vanderbilt Law and Economics Research Paper No. 12-6, March 2012).
• Or Bassok, To Die for the Empty Constitution, (March 4, 2012).
• Kenneth Stahl, Local Government, One Person/One Vote, and the Jewish Question, (Chapman University Law Research Paper No. 12-3, March 2012).
• W. Edward Afield, Getting Faith Out of the Gutters: Resolving the Debate Over Political Campaign Participation by Religious Organizations Through Fiscal Subsidiarity, (Nevada Law Review, Vol. 12, No. 83, 2011). 
• Corri Zoli, The ‘God Gap’ in International Humanitarian Law: Lessons Learned from Islamic Jurisprudence, (January 1, 2012).

From SmartCILP and elsewhere:

• Donald L.Beschle, Does a Broad Free Exercise Right Require a Narrow Definition of "Religion"?, 39 Hastings Constitutional Law Quarterly 357-390 (2012).
• Danielle N. Boaz, Dividing Stereotype and Religion: The Legal Implications of the Ambiguous References to Voodoo in U.S. Court Proceedings, 14 Scholar 251-299 (2011).
• Paul Weitzel, Protecting Speech From the Heart: How Citizens United Strikes Down Political Speech Restrictions on Churches and Charities, 16 Texas Review of Law & Policy 155-174 (2011).
• The March 2012 issue of Church & State has recently appeared.

Louisiana Appeals Court Affirms Trial Court Decisions In Church's Factional Dispute

A Louisiana state appeals court last month issued two decisions in the ongoing litigation between factions of a 130-member Baptist church. (See prior posting.) In Mount Zion Missionary Baptist Church v. Jones, (LA App., Feb. 1, 2012), the court upheld the trial court's determinations that the pastor at the center of the controversy had been properly dismissed by the church's board, and in issuing a TRO barring the fired pastor's supporters from conducting any meeting to change the make-up of the church's board. In Ambush v. Mt. Zion Baptist Church, Inc., (LA App., Feb. 22, 2012), the court upheld the appointment of a special master to hold a church election.

Recent Prisoner Free Exercise Cases

In Funderburk v. Neven, (9th Cir., March 6, 2012), the 9th Circuit upheld the dismissal of a claim by a former state prisoner that his free exercise rights were violated when he was not provided a sack lunch as part of the prison's  Ramadan meals.

In Thompson v. Smeal, 2012 U.S. Dist. LEXIS 27456 (MD PA, March 1, 2012), a Pennsylvania federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 27967, Feb. 3, 2012) and rejected claims by a Catholic inmate that the Department of Corrections should designate Christmas and Easter each year as feast days and serve the same type of food that is served for feasts of other religions.

In Rich v. Buss, 2012 U.S. Dist. LEXIS 28306 (ND FL, March 4, 2012), a Florida federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 28304, Jan. 12, 2012), and dismissed a Jewish inmate's RLUIPA, free exercise and 8th Amendment challenges to Florida's refusal to provide kosher meals to inmates. Instead it offers vegan meals and meat-free alternative entrees.

In Jean-Pierre v. Bureau of Prisons, 2012 U.S. Dist. LEXIS 28737 (WD PA, March 2, 2012), a Pennsylvania federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 28736, Feb.13, 2012) and dismissed a complaint by a Rastafarian inmate over the decision to remove him from the prison's Certified Religious Diet Program. The court held that the decision was reasonably related to legitimate penological interests and thus did not violate plaintiff's free exercise rights. The court also rejected plaintiff's equal protection claim.

In Myslicki v. Gage, 2012 U.S. Dist. LEXIS 29282 (WD TX, March 6, 2012), a Texas federal magistrate judge recommended dismissing as too vague a claim by a paroled inmate in a transition center that he is not allowed to attend the unspecified outside church of his choice on Saturdays or Sundays. He can attend church services at his transition center.

In Watson v. Mecklenburg County Jail, 2012 U.S. Dist. LEXIS 28360  (WD NC, March 2, 2012), a North Carolina federal district court dismissed an inmate's complaint regarding the scheduled time for Muslim Jumah prayer services and a one-time interruption of plaintiff's prayer.

In Cain v. Caruso, 2012 U.S. Dist. LEXIS 29380 (WD MI, March 6, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 29376, Jan. 31, 2012) and dismissed a number of claims by a former inmate who is a follower of the African Shetaut Neter Ausarain religion, but permitted plaintiff to move ahead with his damage claim for violation of his 1st Amendment free exercise rights when he was deprived of his religious diet for 8 days.

Anti-Abortion Group Sues University Over Rules Limiting Its Ability To Restrict Membership On Basis of Belief

Alliance Defense Fund announced last week that it has filed a federal lawsuit against the University of North Carolina Greensboro on behalf of a student anti-abortion group, Make Up Your Own Mind. The complaint (full text) in Make Up Your Own Mind v. Members of the Board of Trustees of University North Carolina Greensboro, (MD NC, filed 2/29/2012), challenges on 1st and 14th Amendment grounds the University's refusal to recognize MUYOM as a student organization because of noncompliance with the University's non-discrimination rules.  MUYOM limits membership to those who agree with its Statement of Faith and religious beliefs regarding the sanctity of life and sexual purity. The University says that MUYOM cannot rely on a belief-based exception in the University policy for religious organizations because the group is not a religious group. It is not affiliated with a church.

Becket Fund Becomes More Proactive In Religious Liberty Advocacy

The Huffington Post today reports on a new activism at the Becket Fund, traditionally a religious liberty advocacy group known for its defense of religious liberty across faith groups.  Under the new leadership of Wall Street trader William P. Mumma, the organization has expanded its fundraising and become more proactive in seeking out potential litigants when a religious liberty issue arises. The Becket Fund has raised its profile by bringing several lawsuits challenging the Obama administration's contraception coverage mandate under the Affordable Health Care Act. (See prior posting.)

Pope Addresses U.S. Bishops On Traditional Marriage

VIS reports on Pope Benedict XVI's remarks (full text) on traditional marriage delivered today in the Vatican to a group of U.S. bishops who who have recently competed their "ad limina" visit. The Pope said in part:

[P]articular mention must be made of the powerful political and cultural currents seeking to alter the legal definition of marriage. The Church’s conscientious effort to resist this pressure calls for a reasoned defense of marriage as a natural institution consisting of a specific communion of persons, essentially rooted in the complementarity of the sexes and oriented to procreation. Sexual differences cannot be dismissed as irrelevant to the definition of marriage. Defending the institution of marriage as a social reality is ultimately a question of justice, since it entails safeguarding the good of the entire human community and the rights of parents and children alike.

In our conversations, some of you have pointed with concern to the growing difficulties encountered in communicating the Church’s teaching on marriage and the family in its integrity, and to a decrease in the number of young people who approach the sacrament of matrimony.... 

On the practical level, marriage preparation programs must be carefully reviewed to ensure that there is greater concentration on their catechetical component and their presentation of the social and ecclesial responsibilities entailed by Christian marriage. In this context we cannot overlook the serious pastoral problem presented by the widespread practice of cohabitation, often by couples who seem unaware that it is gravely sinful, not to mention damaging to the stability of society.

Court Upholds Scientology Church Arbitration Clause

Today's Tampa Bay Times reports that in Clearwater, Florida, a Pinellas County Circuit Court judge has ruled that an arbitration agreement in a Church of Scientology contract with two former members is enforceable. Plaintiffs Lynne Hoverson and Bert Schippers were declared "suppressive" by the Church for publicly criticizing it.  The couple then sued for return of $27,583 that they had made in advance for services never received. The agreement the couple had signed designates prepayments  for services as donations and requires any claim for a refund to be decided by a panel of three active Church of Scientology members. The couple had challenged the arbitration clause, arguing that it was buried in fine print and that it did not allow them to consult with attorneys or negotiate. They say the arbitrators would not be permitted to rule in their favor by the Church. The court disagreed and upheld the clause.

The court however allowed the couple's civil case to proceed as to a refund claim for $7500 placed on account on the Church's cruise ship, because no agreement had been signed as to those funds. The court also permitted them to proceed with their claim for the return $147,183 in "freeloader debt'' they paid in 2008. The amount reimbursed the Church for training and services received by the couple's children while they were members of the Chuch's Sea Org.

Suit Challenges School District Rules Limiting Faith-Based Service Learning Credit

A federal lawsuit filed earlier this week challenges the rules that determine what sort of student activities will count toward service learning requirements of the Fairfax County, Virginia school system. The complaint (full text) in S.S. v. Fairfax County School Board, (ED VA, filed 3-6-2012), alleges that plaintiff's 1st and 14th Amendment rights were violated when the school refused to count, for purposes of remaining a member of the Thomas Jefferson High School National Honor Society, the hours she spent teaching a Sunday school class. Under the school district's rules, faith-based service counts only if it has a secular purpose and is based on a recognized need in the community. Activities must affect individuals beyond the immediate religious community and may not include preparation or participation in the performance of religious services. Alliance Defense Fund announced the filing of the lawsuit.

UPDATE: According to Fox News (3/9), shortly after this lawsuit was filed, Fairfax County school officials announced that they would reverse their decision to place plaintiff on probationary status, saying her faculty adviser was mistaken about the hours teaching Sunday School not counting. According to WUSA News, the student's attorneys will continue the suit in order to get the school's official policy rewritten and to obtain relief for any scholarship deadlines plaintiff may have missed.