Obama Sends Passover Greetings

Tonight begins the Jewish festival of Passover. Yesterday, the White House posted a video message from the President extending Passover wishes to all those celebrating the holiday. He also announced that he will again host a Seder at the White House, led by Jewish members of his staff.  Obama's Seder has become a tradition ever since an impromptu one was held in 2008 during his campaign in Pennsylvania.

Air Force Drops Course Reading That Encouraged Chapel Attendance

Military.com reports that last week, after receiving a letter from the Military Religious Freedom Foundation, the Air Force dropped a required reading from its online Squadron Officer School's course. At issue was a section of the reading titled “Spiritual and Ethical Responsibilities of the Leader." It said that officership carries with it moral responsibility and that the government expects officers’ conduct to reflect the ideals and values that our nation cherishes. It continued: "If you attend chapel regularly, both officers and airmen are likely to follow this example."

1st Circuit Hears Oral Arguments In Challenge To DOMA

The U.S. 1st Circuit Court of Appeals yesterday heard oral arguments in three cases challenging the constitutionality of the Defense of Marriage Act. The consolidated cases are Gill v. Office of Personnel Management, Hara v. Office of Personnel Management, and Commonwealth of Massachusetts v. U.S. Department of Health and Human Services.  In the cases, the district court held that DOMA was unconstitutional. (See prior posting.) Keen News Service, reporting on the arguments, points out that initially the Department of Justice filed an appeal of the district court decisions. However, one month later the Obama administration announced that it considers DOMA unconstitutional and would no longer defend it in court. The Republican leadership in the House of Representatives is defending the district court opinions in the 1st Circuit.  However, a Justice Department lawyer also argued, asking to court to apply strict scrutiny to DOMA, thereby making it likely to be struck down. The Justice Department, however, did defend DOMA against the state of Massachusetts' argument that it infringes the 10th Amendment. A recording of the oral arguments (except for a portion at th beginning not captured because of equipment problems, is available on the Court of Appeals' website.

Settlement Reached In Suit Over Distribution of Religious Fliers In Schools

Fox 23 News reports that a settlement has been reached in Owasso Kids for Christ v. Owasso Public Schools. In the suit, a Christian group that wants to share its religious message with students and parents sued in federal court complaining that they were not given the same access as other community organizations for distributing flyers and posting information in the Owasso, Oklahoma public schools. (See prior posting.)  During the litigation, the school had already changed its policy so that it no outside organization can send out fliers to parents, but all groups can post fliers on bulletin boards on place them on literature tables in the schools. Under the settlement the school's insurer will also pay $20,000 in plaintiff's legal fees. Last Friday the settlement was filed and the lawsuit was dropped.

Court Dismisses Faculty Suit Involving Baptist Theological Dispute

Alexandria (LA) Town Talk and a press release from Louisiana College report on a decision handed down last week by a Louisiana trial court in a suit by four former faculty members against Louisiana College. The school is a Biblically-based Baptist college located in Pineville, Louisiana. The faculty members sued claiming loss of academic freedom, among other things. Apparently they objected to the administration's interference with their courses in Religion and Values, and in particular the administration's objections to their using as a text Scott Peck, The Road Less Traveled. The suit was originally filed in 1995, but settled in 1997.  However it was refiled in 2005 after, according to plaintiffs, the defendants started spreading rumors about them in churches around the state.  Apparently at the core of the dispute is a theological disagreement over whether the Bible is the inerrant word of God. The court dismissed the case on Establishment Clause grounds, holding that deciding it would require the court to choose sides in a dispute over Baptist theology.

UPDATE: A copy of the full decision in Winbery v. Louisiana College, (LA Dist. Ct., March 28,2012) is now available. In the case, plaintiffs alleged both defamation and breach of agreement in violation of the College's by-laws and faculty handbook.  While finding that the ministerial exception does not apply to prevent the court's exercising jurisdiction, the court held that both of the claims would require it to delve into disputes over Baptist theology in violation of the Establishment Clause. [Thanks to Rob Luther for the copy of the decision.]

Court Narrows Claims Even More In Plano School "Candy Cane" Case

Earlier this year, in the long-running litigation over Plano, Texas Independent School District rules that, among other things, prevented a student from handing out candy canes with attached religious messages, a federal magistrate judge recommended that three plaintiffs be permitted to go forward, but only with their "as applied" challenge under the Texas Religious Freedom Restoration Act to the school's 2004 (as opposed to its 2005) policy. (See prior posting.) Now in Morgan v. Plano Independent School District, (ED TX, March 30, 2012), a Texas federal district court, reviewing the magistrate's recommendations, accepted them only in part. Instead of allowing three plaintiffs to move ahead with the "as applied" challenge to the 2004 policy, the court permitted only one of the plaintiffs (Jonathan Morgan) to do so. The court held that the other two plaintiffs had failed to give the 60-day advance notice required by TRFRA before filing suit. Courthouse News this week reported on the decision

Obama Addresses White House Easter Prayer Breakfast

Yesterday, President Obama hosted the White House's 3rd annual Easter Prayer Breakfast. (White House blog.) The President's remarks (full text) were focused on the religious message of the holiday.  He said in part:

Now, I have to be careful, I am not going to stand up here and give a sermon.  It’s always a bad idea to give a sermon in front of professionals.... But in a few short days, all of us will experience the wonder of Easter morning.   And we will know, in the words of the Apostle Paul, “Christ Jesus...and Him crucified.”

It’s an opportunity for us to reflect on the triumph of the resurrection, and to give thanks for the all-important gift of grace.  And for me, and I’m sure for some of you, it’s also a chance to remember the tremendous sacrifice that led up to that day, and all that Christ endured -- not just as a Son of God, but as a human being.

For like us, Jesus knew doubt.  Like us, Jesus knew fear.  In the garden of Gethsemane, with attackers closing in around him, Jesus told His disciples, “My soul is overwhelmed with sorrow to the point of death.”...  So it is only because Jesus conquered His own anguish, conquered His fear, that we’re able to celebrate the resurrection.  It’s only because He endured unimaginable pain that wracked His body and bore the sins of the world that He burdened -- that burdened His soul that we are able to proclaim, “He is Risen!” 

Obama Proclamation On Education and Sharing Day Honors Chabad Rebbe

In a Presidential Proclamation issued yesterday, President Obama declared April 3 as "Education and Sharing Day U.S.A., 2012." According to an article from Chabad.org:

Presidents, in conjunction with the Washington, D.C. based American Friends of Lubavitch, designate annually Education and Sharing Day U.S.A. on the anniversary of the birth of the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, who dedicated his life to the cause of education.

President Obama's Proclamation reads in part:

For centuries, the pursuit of knowledge and the cultivation of character have driven American progress and enriched our national life.  On Education and Sharing Day, U.S.A., we renew our commitment to these timeless aspirations, and we rededicate ourselves to fostering in our sons and daughters inquiring minds and compassionate hearts....

On Education and Sharing Day, U.S.A., we reflect on the teachings of Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, who embodied that humanitarian spirit.  As a tireless advocate for youth around the world, he inspired millions to lift the cause of education, to practice kindness and generosity, and to aspire toward their highest ideals....

Public Accommodations Complaint Filed Against T-Shirt Company That Rejected Gay Pride Order

Southsider Magazine yesterday reported on a complaint filed with the Human Rights Commission of the Lexington-Fayette (Kentucky) Urban County Government.  The Gay and Lesbian Services Organization ordered T-shirts for its Pride festival in June from Hands On Originals.  However when it found out the nature of the order, Hands On Originals refused to honor the order, even though it had bid on it. Instead it provided an alternative supplier who would provide the T-shirts at the same price. Hands On Originals says it is a Christian organization and "it is the prerogative of the company to refuse any order that would endorse positions that conflict with the convictions of the ownership." GLSO has filed its complaint under the Lexington Fairness Ordinance which, among other things, gives the Commission jurisdiction over complaints about discrimination on the basis of sexual orientation in public accommodations.

Suit Challenges Ban On T-Shirt Supporting Day of Silence

The Cincinnati Enquirer reported yesterday on a lawsuit filed in federal court by a gay Waynesville (OH) high school student who was told by school officials that he could not wear a T-shirt carrying the slogan: "Jesus is not a homophobe." The slogan appears under a rainbow colored Christian Ichthys (fish) symbol. Student Maverick Couch wants to wear the shirt on April 20 to support the Day of Silence, a national event aimed at countering bullying of gay and lesbian students. School principal Randy Gebhardt says that the shirt is not permitted because it is "indecent and sexual in nature." Earlier, administrators had said the shirt was disruptive or that it was too religious.

Slaughterhouse Catering To Buddhists Sues To Stay In Business

In Rosemead, California, a poultry slaughter house whose customers are primarily Buddhist is suing the city over an ordinance (Rosemead Code of Ordinances, Sec. 17.12.105) that is forcing them to close down.  According to the San Gabriel Valley Tribune, Chinese American Live (Cal) Poultry Vikon, Inc. and its owners, along with one of its customers, filed suit on March 21 claiming that they are being targeted because of their ethnicity, culture and religion. The complaint alleges that to Buddhists, the fresh whole chickens available at Cal Poultry signify rebirth, togetherness and prosperity and are used in Buddhism to worship ancestors. Neighbors of Cal Poultry however complain about odors and escaped chickens.

Suit Challenging Harm From Imprecatory Prayers Dismissed

In 2009, Mikey Weinstein, founder of the Military Religious Freedom Foundation, filed suit in state court against former Navy chaplain Gordon Klingenschmitt, Jim Ammerman (now deceased) and Ammerman's Chaplaincy of Full Gospel Churches contending that they were conspiring to encourage violence against him through use of "imprecatory prayers." (See prior posting.) Now, according to the Dallas Morning News, on Monday the court issued an oral ruling granting summary judgment to the defendants in the case-- Weinstein v. Ammerman, (Dallas Co. TX Dist. Ct., April 2, 2012). Judge Martin Hoffman did not reach the constitutional question of whether prayers that incite others to violence can be outlawed. Instead he ruled that plaintiffs had shown no connection between the prayers and the threats and vandalism suffered by Weinstein's family. Chaplain Gordon Klingenschmitt's reaction to the ruling was: "I praise God for religious freedom because the judge declared it’s OK to pray imprecatory prayers and quote Psalm 109."

Kiryas Joel's RLUIPA Case Goes Back To State Court

In November 2011, the town of Kiryas Joel, New York, (a Orthodox Jewish Hasidic enclave) and various other plaintiffs sued the nearby village of Woodbury, New York, challenging Woodbury's zoning laws under the state and federal constitutions and RLUIPA.  The Hudson Valley Times Herald-Record reported on the suit at the time it was filed. The population of Kiryas Joel is increasing, and residents are looking to surrounding areas for expansion.  They claim that two zoning laws adopted in 2011 by Woodbury discriminate against Hasidic Jews by limiting housing density in areas into which the Hasidic community wishes to expand. Shortly after Kiryas Joel filed its lawsuit in state court, the Village of Woodbury filed a motion to remove the case to federal court. Now, in Village of Kiryas Joel, New York v. Village of Woodbury, New York, (SDNY, March 29, 2012), the federal district court has sent the case back to state court on a technicality.  For a case to be removed, all defendants must consent to removal within 30 days after the defendants receive copies of the pleadings. (28 USC Sec. 1446). Here only two of the five defendants joined in the Notice of Removal. Mid-Hudson News Network reports on the decision.

Recent Prisoner Free Exercise Cases-- Installment #2 For the Week

In Blount v. Tate, 2012 U.S. Dist. LEXIS 41350 (WD VA, March 26, 2012), a Virginia federal district court  rejected a Muslim inmate's complaint that officers tore his Qur'an and destroyed his prayer necklace in searching his cell while he was out; his special Eid meal was not served on a Common Fare tray; and he was not allowed to order a Pocket Salat.

In Walker v. Fischer, 2012 U.S. Dist. LEXIS 40842 (ND NY, March 26, 2012), a New York federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 40846, Feb. 27, 2012) and rejected a Muslim inmates complaint that authorities refused to provide him with a Kosher Diet in lieu of the prescribed Controlled "A" High Fiber Diet he was receiving. It also rejected his complaint about the Ramadan feast menu he received in the Special Housing Unit. However the court permitted him to proceed with a claim that prison officials refused to broadcast Jumuah sermons to his SHU cell.

In Crump v. Michigan Department of Corrections, 2012 U.S. Dist. LEXIS 40542 (ED MI, March 26, 2012), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 154344, Nov. 14, 2011) and dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that prison authorities have endorsed an anti-Shi'a, Wahhabi Islamic sect in the prison and thereby have created an environment in which it is impossible for him to safely practice his Shi'a faith.

In Epps v. Grannis, 2012 U.S. Dist. LEXIS 41889 (SD CA, March 26, 2012), a California federal district court adopted in part and rejected in part a magistrate's report (2011 U.S. Dist. LEXIS 154398, Dec. 1, 2011) and permitted a Muslim inmate to proceed with several claims under RLUIPA relating to Ramadan observance, religious diet and confiscation of photocopies of a book. The court dismissed most of the 1st Amendment challenges to the same practices.

In Earls v. Michigan Department of Corrections, 2012 U.S. Dist. LEXIS 41806 (WD MI, March 27, 2012), a Michigan federal district court adopted in part a magistrate's recommendation (2012 U.S. Dist. LEXIS 41805, Feb. 17, 2012) and dismissed claims by a former inmate now on parole that prison officials "refuse to acknowledge the Methodist religion as a sect of Protestant Christianity."

In Crump v. Winn, 2012 U.S. Dist. LEXIS 41535 (ED MI, March 27, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 41539, March 5, 2012) and dismissed a Muslim inmate's claim that the deputy warden changed the Muslim prayer time in a way that placed a substantial burden on his free exercise of religion.

In Christen v. Washington Department of Corrections, 2012 U.S. Dist. LEXIS 42201 (WD WA, March 27, 2012), a Washington federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 42202, Feb. 16, 2012) and dismissed the complaint of an inmate regarding the signature he used on grievances. He claims he is a Restoration Druid and when "forced to interact with foreign jurisdictions" he must use a "signature-in-dishonor" demonstrating his mark accompanied by "UCC 1-207 and "all rights reserved/without prejudiced, abbreviated as ARR/WOP."

In Holt v. Hobbs, 2012 U.S. Dist. LEXIS 39752 (ED AR, March 23, 2012), an Arkansas federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 40942, Jan. 27, 2012) and dismissed a preliminary injunction request, upholding the requirement that a Muslim inmate shave his beard in compliance with the prison's grooming policy.

In Ruley v. Stovall, 2012 U.S. Dist. LEXIS 41948 (ED KY, March 27, 2012), a Kentucky federal district court dismissed an inmate's 1st Amendment and RLUIPA challenges to the confiscation of his Satanic Bible.

In Robinson v. Jimenez, 2012 U.S. Dist. LEXIS 43095 (ED NY, March 26, 2012), a New York federal district court adopted a portion of a magistrate's recommendations (2012 U.S. Dist. LEXIS 43097, March 6, 2012), and dismissed a 1st Amendment challenge to an incident in which Jewish prisoners' use of the religious purpose room for Rosh Hashanah services was interrupted and they were required to leave because of an erroneous scheduling conflict by which Muslim inmates had reserved the room for Ramadan services at the same time.

In Dobson v. Vail, 2012 U.S. Dist. LEXIS 42939 (WD WA, March 28, 2012), a Washington federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 42937, Feb. 16, 2012), and dismissed an Asatru inmate's free exercise, RLUIPA and establishment clause challenges, as well as 8th and 14th Amendment challenges, to a requirement that he participate in a program known as the Right Living Model. Plaintiff claimed that the program "favors secular humanistic doctrines," clearly endorses The Four Agreements, a "Toltec Wisdom book", and that his involuntary participation was in conflict with his religious values.

Appeals Court Agrees: 1st Amendment Precludes Suit For Injuries During Healing Service

In Kubala v. Hartford Roman Catholic Diocesan Corp., (CT App., March 27, 2012), a Connecticut appeals court adopted the trial court's opinion (see prior posting) and dismissed for lack of subject matter jurisdiction a suit brought against a Catholic priest, his church and the Hartford Diocese seeking damages for injuries plaintiff received when, during a Catholic Charismatic Renewal healing service, she was physically injured. The appeals court held that deciding the case would involve an impermissible interference with the defendants' free exercise of religion. The trial court had held: "[S]ince the plaintiff's claims are inextricably intertwined with the religious context in which the incident occurred, the court cannot apply neutral principles of secular law to this case."

Firefighter's Religious Objections To Foul Language Dismissed

In Trussell v. City of Decherd, 2012 U.S. Dist. LEXIS 40086  (ED TN, March 23, 2012), a Tennessee federal district court dismissed free exercise claims brought by a former member of the Decherd, Tennessee fire department. Plaintiff complained that other firefighters engaged in cursing and foul language, and that as "a devout Christian" his religious beliefs "included a prohibition on the use of foul language." The court said that his free exercise allegations were unclear and he had not alleged a connection between his religion and any employment action against him.

Challenge To North Carolina Marriage Laws Dismissed

According to the Greensboro (NC) News & Record, a North Carolina state trial court judge on Friday dismissed a lawsuit filed last year by 11 clergy challenging the state's requirement that marriages be solemnized by clergy or a magistrate.  The complaint claimed that (1) it violates the Establishment Clause for the state to make a member of the clergy an agent of the state to perform a marriage ceremony and submit a state granted license; (2) it violates state and federal free exercise protections for the state to require individuals entering into marriage to participate in a state-prescribed ceremony and licensing of the marriage; and (3) it is unconstitutional for the state to prohibit members of the clergy from solemnizing the marriage of same-sex couples. (See prior posting.) Plaintiffs say they will appeal the decision.

Copts Withdraw From Egypt's Constitution Drafting Panel

The Financial Times reported yesterday that in Egypt, the Coptic Orthodox Church has decided to withdraw its representatives from the constitutional assembly that was appointed to draft a new constitution for the country. The Church General Council said that it had become pointless for the church to be represented. The decision by the Copts follows a similar withdrawal a few days earlier by al-Azhar, the highest Sunni religious authority, which also claimed it was being sidelined. The Copts are concerned that Islamists will dominate the constitution-drafting process and give religion a more central role in public life.  The fears of Islamist control were exacerbated last week end when the Muslim Brotherhood went back on its pledge not to run a candidate for president. (AP).

Military Hosts "Rock Beyond Belief" Event For Nonbelievers

At Fort Bragg, North Carolina on Saturday, the military for the first time ever hosted an event specifically for military members who do not believe in God.  AP and the Fort Stewart Patch both report on the Rock Beyond Belief event that drew several hundred attendees to the Fort Bragg parade field. Among the featured speakers was Richard Dawkins. The event was organized after the Army provided funding in  2010 for the "Rock the Fort" concert held at Fort Bragg under the auspices of the Billy Graham Evangelistic Association. (See prior posting.)  The crowd at Saturday's event, in part because of rainy weather, was substantially smaller that organizers had hoped for. They wanted Christian soldiers to attend as well.

Recent Articles of Interest

From SSRN:

• Charles J. Reid, Tales Legal Fictions Tell, (Northwestern Interdisciplinary Law Review, Forthcoming).
• Joel A. Nichols, Religion, Marriage, and Pluralism, (25 Emory International Law Review 967, 2012).
• Tamir Moustafa, Islamic Law, Women's Rights, and Popular Legal Consciousness in Malaysia, (Law and Social Inquiry, Forthcoming).
• Danny O' Connell, A Brief Analysis of Current Issues in Church-State Relations in Ireland, (March 28, 2012).
• Roberta Rosenthal Kwall, The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study, (Cardozo Law Review, Vol. 34, Forthcoming).
• Swati Sharma, Islamic Finance, (February 24, 2012).
• Helen L. Norton, The Equal Protection Implications of Government's Hateful Speech, (54 William and Mary Law Review, forthcoming 2012).

From SmartCILP:

• Mark Cammack, Islamic Finance: Prospects and Significance, 18 Southwestern Journal of International Law 113-123 (2011).
• Richard E. Flint, Consumer Bankruptcy Policy: Ability to Pay and Catholic Social Teaching, 43 St. Mary's Law Journal 333-412 (2012).
• Frank Pasquale, Joining or Changing the Conversation? Catholic Social Thought and Intellectual Property, 29 Cardozo Arts & Entertainment Law Journal 681-727 (2011).
• Symposium: Religious Legal Theory. Introduction by Mark L. Movsesian; articles by Steven D. Smith, Keisuke Mark Abe, Ian Bartrum, Zachary R. Calo, Nathan S. Chapman, Simeon O. Ilesanmi, Samuel J. Levine, Joel A. Nichols, James W. McCarty III, Andrea Pin and Rene Reyes. 85 St. John's Law Review 397-681 (2011).