Turkey Passes Controversial, Pro-Islamic Education Reform

Reuters reports that Turkey's ruling AK Party on Friday pushed a controversial school reform bill through Parliament that critics say furthers an Islamic agenda and lowers education standards. Among the changes are ones that allow public schools to offer optional classes in Qur'anic studies and the life of the Prophet Muhammad.  The bill also allows imam hatip schools-- ones that combine religious studies with modern secular subjects-- to admit students at age 11 instead of the current age 15. Today's Zaman has additional details on the bill which must still be approved by President Abdullah Gül.

Recent Prisoner Free Exercise Cases

In Curry v. California Department of Corrections, 2012 U.S. Dist. LEXIS 38464 (ND CA, March 21, 2012), a California federal district court rejected an inmate's claim that his rights were infringed when he was not permitted to obtain scented oil for the practice of his Shetaut Neter religion. The court called for additional evidence and argument on plaintiff's request for a religious Kemetic diet.

In Contreraz v. Adams, 2012 U.S. Dist. LEXIS 38512 (ED CA, March 21, 2012), a California federal district court dismissed for failure to exhaust administrative remedies claims by a Native American inmate who observes the Olin Pyramid religion who sought a religious diet and chapel access to perform full moon rituals. The court allowed plaintiff to move ahead with his challenge to a denial of a religious exemption from grooming standards.

In Garraway v. Lappin, 2012 U.S. Dist. LEXIS 38712 (MD PA, March 21, 2012), a Pennsylvania federal district court in a lengthy opinion dismissed a series of challenges to prison practices brought by a Muslim inmate serving a life sentence as a military prisoner. At issue were chapel scheduling for group prayer, lack of a full time Sunni Muslim chaplain, alleged delay in delivery of Islamic books sent through the mail, religious diet claims, clothing and dress issues, withholding or limiting access to Islamic tapes, magazines and books, withholding of prayer oil and ceremonial items, distribution of Bible quotes by Christian inmates, the method in which funds are allocated among religious groups, denial of chapel use for teaching Arabic, and allowing non-Muslims to participate in Muslim observances.

In Diggs v. Marikah, 2012 U.S. Dist. LEXIS 38483 (SD NY, March 20, 2012), a New York federal district court permitted a Muslim inmate to move ahead with his free exercise challenge to the refusal to allow him to attend weekly congregate Jumu'ah services.

In Cole v. Jones, 2012 U.S. Dist. LEXIS 37960 (MD AL, March 21, 2012), an Alabama federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 38448, March 1, 2012) and dismissed, among other claims, an inmate's contention that his free exercise rights were infringed by restrictions on him while he was in a restricted privilege dorm that prevented him from attending church services. It reached a similar conclusion as to any RLUIPA claim.

In Hamilton v. Fisher, 2012 U.S. Dist. LEXIS 39116 (ND NY, March 22, 2012), a New York federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 39118, Feb. 29, 2012) and dismissed, with leave to amend, an inmate's allegations  that authorities refused to acknowledge his claim that he is Jewish and furnish him a kosher diet. Plaintiff failed to allege enough facts to permit the court to evaluate whether he had a valid free exercise or RLUIPA claim.

In Hall v. Skolnik, 2012 U.S. Dist. LEXIS 39684 (D NV, March 23, 2012), a Nevada federal district court rejected an inmate's claim that his rights were violated when he was denied kosher meals. The court found that plaintiff had not shown a sincere religious belief, nor did he show that the kosher meal policy was implemented with an intent to discriminate against the prison's African-American Jewish population.

In Jamison v. Davue, 2012 U.S. Dist. LEXIS 40266 (ED CA, March 23, 2012), a California federal magistrate judge dismissed, with leave to amend, an inmate's conclusory allegations that he has had difficulty obtaining kosher meals.

The March 28 Las Vegas Review Journal reports that a settlement has been reached in a class action suit brought against the Nevada Department of Corrections by an Orthodox Jewish inmate over kosher food.  Under the agreement, prison authorities will obtain rabbinic kosher certification for the prison's "common fare" diet. The parties agreed to a 6-month stay of the pending litigation while the agreement is implemented.

In Green v. Sneath, 2012 U.S. Dist. LEXIS 41199 (MD PA, March 26, 2012), a Pennsylvania federal district court rejected a Muslim inmate's free exercise and RLUIPA claims growing out of his Qur'an being left behind and accidentally thrown out when he was transferred to a different cell.  He was quickly provided with a new Qur'an, but it was not the translation he preferred.  The correct translation was eventually ordered and furnished to him several months later.

Court Rejects Religious Defense To Failure To Have Auto Insurance

In State of Wisconsin v. Gotthardt, (WI App., March 22, 2012), defendant appealed a penalty of $200 that was imposed on her for driving a motor vehicle without insurance. She claimed that the requirement to maintain automobile insurance conflicted with her sincerely held religious beliefs. The court held that defendant's 1st Amendment defense was untimely, and that in any event she had not shown that the insurance requirement was unconstitutional.

Appeals Court Says Divorced Parents' Dispute Over Baptism of Children May Be Adjudicated

In Jarrell v. Jarrell, (TN Ct. App., March 28, 2012), a father asked the court to hold his former wife in contempt for violating the Parenting Plan entered by the court in their divorce under which major decisions regarding their children's religious upbringing were to be made jointly.  The mother, Lauren Jarrell, had their two children baptized without the knowledge or consent of their father, Emmett Jarrell. During their marriage, Lauren and Emmett disagreed on whether their children should be baptized at an early age, or only when they are older. The court rejected Lauren's argument that in granting Emmett's petition, the trial court gave preference to the father's religious views over those of the mother. The court said:

Mother is correct that courts “must maintain strict neutrality in cases involving religious disputes between divorced parents[,]” and they may not “prefer the religious views of one parent over another unless one parent’s religious beliefs and practices threaten the health and well-being of the child.”.... However, simply put, this is not a “religious dispute.” In this case, the trial court was asked only to determine whether Mother’s conduct in failing to abide by the terms of the Parenting Plan warranted a finding of contempt; it was not called upon to resolve a religious dispute between the parties.

The appeals court reversed the trial court's civil contempt order, though, finding that the trial court was attempting to punish the mother rather than obtain compliance which is the function of civil contempt. But at the same time it also concluded that the trial court erred in holding that Lauren was not given adequate notice to support a criminal contempt finding. AP reports on the decision.

Ballot Language On Missouri Free Exercise Constitutional Amendment Upheld

Last year the Missouri legislature approved placing on the November 2012 ballot a proposal that would add a laundry list of religious freedom protections to the state constitution. (See prior posting.) Earlier this week, according to AP, a state trial court judge rejected a challenge to this ballot summary language for the proposal that was prescribed by the legislature:

Shall the Missouri Constitution be amended to ensure: • That the right of Missouri citizens to express their religious beliefs shall not be infringed; • That school children have the right to pray and acknowledge God voluntarily in their schools; and • That all public schools shall display the Bill of Rights of the United States Constitution.

The suit argued that the summary fails to mention that under the proposal students could refuse homework and prisoners could lose some religious rights.

Fortune 500 Company Settles EEOC Religious Accommodation Lawsuit

EEOC reports that AutoZone, Inc. has settled a religious discrimination lawsuit brought against it by the EEOC in a Massachusetts federal district court.  The suit was brought on behalf of a former Sikh employee who was harassed  by mangers and customers and who was not permitted to wear a turban or a kara (religious bracelet). The employee, Frank Mahoney, was fired allegedly because of his religion and in retaliation for seeking an accommodation and complaining about discrimination. In the settlement, the Fortune 500 auto parts distributor will pay damages of $75,000, attorneys fees, and will adopt new policies and training procedures on religious discrimination.

Suit Challenges Exclusion of Religious College From Florida Tuition Grant Program

Earlier this month, Florida Christian College and 5 of its student brought suit challenging the school's exclusion from the Florida Resident Access Grant Program that provides students at eligible private colleges $2000 per year tuition assistance. The complaint (full text) in Florida Christian College v. Shanahan, (ND FL, filed 3/8/2012) alleges that exclusion of FCC students from the program violates plaintiffs' free exercise, establishment clause, free speech and equal protection rights. The statute creating the program (FL Stat Sec. 1009.89) requires that eligible schools must have a secular purpose, and receipt of state aid by students at the institution may not have the primary effect of advancing or impeding religion or result in an excessive entanglement between the state and any religious sect. The Florida Department of Education argued that FCC does not meet the secular purpose requirement. Speak Up blog reported on the case earlier this month.

Bald Eagle Permit Was "Catch-22"; Amended Complaint Filed

Earlier this month, the issuance by the U.S. Fish and Wildlife Service of a permit to allow the Northern Arapaho Indian tribe to kill up to two bald eagles for religious purposes was widely seen as an important vindication of Native American religious freedom. (See prior posting.) However, according to an AP report today, once the tribe's attorneys read the fine print, they concluded that the permit was a "sham." The federal permit  specifically bars the tribe from killing eagles within the Wind River Indian Reservation, and also requires adherence to state law in killing the eagles. Wyoming state law prohibits all killing of eagles and applies everywhere in the state except on the Wind River Reservation.  So the permit precludes taking of eagles at the only location where state law allows it. All of this has led the tribe on behalf of its members to file an amended complaint in Northern Arapaho Tribe v. Ashe, (D WY, filed 3/30/2012) (full text of complaint) claiming that their rights under the Free Exercise Clause and the Religious Freedom Restoration Act have been infringed, and that the government's action violates the Administrative Procedure Act. The lawsuit seeks an injunction ordering the Fish and Wildlife Service to issue a permit without improper restrictions in it.

Mexico's Congress Approves Constitutional Changes On Public Display of Religion

AP reports that Mexico's Senate on Wednesday, by a vote of 72-35, approved a proposed constitutional amendment that would allow religious events to be celebrated in public as long as they do not involve electoral politics. The changes, already approved by the Chamber of Deputies of Mexico's Congress (Today's Catholic, 12/19/11), come three days after the conclusion of Pope Benedict XVI's visit to Mexico. At least 16 of Mexico's state legislatures must still approve the changes for them to take effect.

Priest's Embezzlement Conviction Not Barred By First Amendment

In Rodis v. Attorney General of Virginia, 2012 U.S. Dist. LEXIS 42650 (WD VA, March 28, 2012), a Virginia federal district court held that the 1st Amendment does not preclude civil courts from convicting a Catholic priest of embezzlement of funds contributed by parishioners.  Rejecting Rodney Rodis' petition for habeas corpus, the court held:  "Petitioner's criminal acts, even if performed under the guise of ecclesiastical duties, are not shielded by the First Amendment because petitioner's prosecution did not relate to any ecclesiastical dispute, faith, or doctrine."

Catholic School Teacher May Challenge Her Firing For Using Artificial Insemination

In Dias v. Archdiocese of Cincinnati, 2012 U.S. Dist. LEXIS 43240 (SD OH, March 29, 2012), an Ohio federal district court refused to dismiss a pregnancy discrimination and breach of contract suit brought by a former technology coordinator at two Catholic schools. Plaintiff, a non-Catholic, oversaw the schools' computer systems and instructed students on computer usage. As a non-Catholic, she was not permitted to teach religion classes. When plaintiff became pregnant, she was fired. Initially she was told her dismissal was because she became pregnant while she was unmarried, but subsequently she was informed that it was because she had used artificial insemination, which violates Catholic teachings.

The court held that the ministerial exception does not apply because plaintiff is not a ministerial employee. While plaintiff's contract stated that she would comply with the teachings of the Catholic Church, the court concluded that there is a question of fact as to whether a non-Catholic would know that artificial insemination is against Church teachings. Finally it held that plaintiff had stated a plausible claim that she was terminated because of her   pregnancy, and not because of a policy against extramarital sex enforced equally against men and women.

4 More Indicted In Amish Beard Cutting Assaults

As previously reported, last December a federal grand jury in Ohio returned a 7-count indictment charging 10 Amish men and two Amish women in five separate assaults on members of a rival Amish group. The assaults involved forcibly cutting the beards of the victims. A Department of Justice press release on Wednesday reports that a superseding indictment has now been handed down. The new indictment adds four women as defendants.

Cert Petition Filed In Ecclesiastical Abstention Dispute

In February, a petition for certiorari to the U.S. Supreme Court (full text) was filed in Lutzer v. Duncan. The petition seeks review of an Illinois state appeals court decision, Duncan v. Peterson, which refused to apply the ecclesiastical abstention doctrine to a clergyman's false light invasion of privacy claim against the church that ordained him as a minister.  It defrocked him and circulated letters to board members of plaintiff's current congregation accusing him of marital infidelity, misusing church funds and abusing alcohol. [Thanks to Eric Rassbach for the lead.]

Former Prof Charges Religious Discrimination After Discipline For Refusing To Attend Show On Gay Rights

Courthouse News Service reports on a suit filed yesterday in a state trial court in Texas by a former theater and dance faculty member at Lamar University who was graded down in her annual review because she refused, for religious reasons, to attend a student-organized show billed as a celebration of homosexuality. The complaint (full text) in Ozmun v. Lamar University, (TX Dist. Ct., filed 3/29/2012), recounts that the student show was created after a one-man show about a performer's gay lifestyle was cancelled under community pressure. Subsequently the one-man show was brought to campus, and plaintiff again refused to attend and says she was disciplined for it. Plaintiff says this amounts to religious discrimination in violation of Texas law.

Former 10 Commandments Foe Is Now Write-In Candidate Against Roy Moore

As previously reported, in March Alabama's former Supreme Court chief justice Roy Moore won the March Republican primary to again become a candidate for his old job. According to AP, his Democratic opponent Harry Lyon has run ten previous campaigns for various county and state offices, and has never won.  This has led two attorneys to launch write-in campaigns to try to keep Moore from regaining office. One of those candidates is Melinda Lee Maddox. She was one of three lawyers who sued Moore over the 5,280 pound granite Ten Commandments monument he had installed in the rotunda of the Alabama Judicial Building. (Background).

Groundbreaking Survey of Religion In Prisons Released

The Pew Research Center last week (March 22) released a ground-breaking report, Religion in Prisons-- A 50-State Survey of Prison Chaplains. The 108-page report covers the background and role of prison chaplains, and their views on the religious lives of inmates and of the correctional system. Here is an excerpt from the report's Executive Summary:

From the perspective of the nation’s professional prison chaplains, America’s state penitentiaries are a bustle of religious activity. More than seven-in-ten (73%) state prison chaplains say that efforts by inmates to proselytize or convert other inmates are either very common (31%) or somewhat common (43%). About three-quarters of the chaplains say that a lot (26%) or some (51%) religious switching occurs among inmates in the prisons where they work..... 

Overwhelmingly, state prison chaplains consider religious counseling and other religion-based programming an important aspect of rehabilitating prisoners.... 

At the same time, a sizable minority of chaplains say that religious extremism is either very common (12%) or somewhat common (29%) among inmates. Religious extremism is reported by the chaplains as especially common among Muslim inmates (including followers of the Nation of Islam and the Moorish Science Temple of America) and, to a substantial but lesser degree, among followers of pagan or earth-based religions such as Odinism and various forms of Wicca.... An overwhelming majority of chaplains, however, report that religious extremism seldom poses a threat to the security of the facility in which they work...

New Poll Surveys Public Attitudes On Mixing of Religion and Politics

The Pew Research Center last week released a new poll on public attitudes toward the mixing of religion and politics. The 19-page report (full text), released March 21, says:

A new survey finds signs of public uneasiness with the mixing of religion and politics. The number of people who say there has been too much religious talk by political leaders stands at an all-time high since the Pew Research Center began asking the question more than a decade ago. And most Americans continue to say that churches and other houses of worship should keep out of politics.

Nearly four-in-ten Americans (38%) now say there has been too much expression of religious faith and prayer from political leaders, while 30% say there has been too little.

Three New Commissioners Appointed To U.S. Commission On International Religious Freedom

Three new Commissioners have been appointed to the U.S. Commission on International Religious Freedom-- filling 3 of the 5 vacancies created by Congress' newly imposed term-limits on members. (See prior posting.)  Two of the new appointments, by Republican members of Congress, were announced in a March 26 press release. One is Princeton University Professor, Dr. Robert P. George (appointed by House Speaker John Boehner). George is also Director of the James Madison Program in American Ideals and Institutions at Princeton. A 2009 New York Times Magazine article described George as "a Roman Catholic who is this country’s most influential conservative Christian thinker."

The second Republican Congressional appointee is Dr. M. Zuhdi Jasser, president and founder of the American Islamic Forum for Democracy (appointed by Senate Minority Leader, Mitch McConnell). Dr. Jasser testified last year at the controversial hearings on radicalization in the American Muslim community conducted by Congressman Peter King. (See prior posting.)

The third new appointee, announced in a press release yesterday, is Dr. Katrina Lantos Swett, daughter of the late Congressman Tom Lantos and head of the Lantos Foundation for Human Rights. She also teaches at Tufts University. She was appointed by Senate Majority Leader Harry Reid.  Swett ran unsuccessfully in the Democratic primary for a congressional seat from New Hampshire in the 2010 elections.

Kentucky Legislature Passes Bill To Allow Amish Buggies To Use White Reflective Tape

The Kentucky legislature on Tuesday gave final passage to SB 75 (full text), a bill to give Amish horse-drawn buggies the alternative to use lanterns and white reflective tape instead of the orange triangle -- the standard slow-moving vehicle symbol-- to which Amish have religious objections. The bill passed the Senate by a vote of 38-0 last month after Jacob Gingerich who is serving time in jail for refusing to display the orange emblem wrote each member of the legislature a handwritten plea to pass the law. (AP). (See prior related posting.) The House of Representatives approved the bill on Tuesday by a vote of 75-2, sending it on to Gov. Steve Beshear  for his signature. AP reports that Beshear has not indicated whether he intends to sign the bill. [Thanks to Alliance Alert for the lead.]

Pope Asks Cuba To Make Good Friday A National Holiday

Reuters reports that Pope Benedict XVI winds up his visit to Cuba today with a public mass in Havana's Revolution Square and a meeting with Fidel Castro. In his meeting yesterday with Cuban President Raul Castro, the Pope asked that Cuba make Good Friday a national holiday. When Pope John Paul II visited Cuba in 1998, Raul's brother Fidel reinstated Christmas as a national holiday.