1st Circuit: Bible In Jury Room, But Unconsulted, Does Not Require New Trial

In United States v. Rodriguez, (1st Cir., March 28, 2012), the U.S. 1st Circuit Court of Appeals rejected a convicted defendant's motion for a new trial based on discovery that a pocket-size New Testament Bible was found in the jury deliberation room. The district court had held a hearing on the matter, and the jury foreperson testified that the Bible was not discussed during jury deliberations, and she never even saw it open. The Court of Appeals held that this was a sufficient investigation to eliminate questions as to whether extrinsic information was used to improperly influence the jury. It was not an abuse of discretion for the trial judge, under the circumstances, to refuse to bring in every juror to question them on the matter. National Law Journal (3/30) reports on the decision.

Times Op Ed Questions Value of the Religious Diversity In the Presidential Race

Today's New York Times carries a lengthy op-ed by Ross Douthat titled Divided by God. He says in part:

In 2012, we finally have a presidential field whose diversity mirrors the diversity of American Christianity as a whole.....

This diversity is not necessarily a strength. The old Christian establishment — ... [the] Roman Catholic Church as well as the major Protestant denominations ... helped bind a vast and teeming nation together. It was the hierarchy, discipline and institutional continuity of mainline Protestantism and later Catholicism that built hospitals and schools, orphanages and universities, and assimilated generations of immigrants. At the same time, the kind of “mere Christianity” ... that the major denominations shared frequently provided a kind of invisible mortar for our culture and a framework for our great debates.

Today, that religious common ground has all but disappeared.

And the inescapability of religious polarization — whether it pits evangelicals against Mormons, the White House against the Catholic Church, or Rick Santorum against the secular press — during an election year that was expected to be all about the economy is a sign of what happens to a deeply religious country when its theological center cannot hold.

The full article is worth a read.

Obama's Weekly Address Focuses On Meaning of Easter

President Obama's weekly address yesterday (full text) extended Easter and Passover greetings to all those celebrating the holidays. His remarks focused primarily on the meaning of Easter. He said in part:

For me, and for countless other Christians, Easter weekend is a time to reflect and rejoice.  Yesterday, many of us took a few quiet moments to try and fathom the tremendous sacrifice Jesus made for all of us. Tomorrow, we will celebrate the resurrection of a savior who died so that we might live....

Christ’s triumph over death holds special meaning for Christians.  But all of us, no matter how or whether we believe, can identify with elements of His story.  The triumph of hope over despair.  Of faith over doubt. The notion that there is something out there that is bigger than ourselves.

These beliefs help unite Americans of all faiths and backgrounds.  They shape our values and guide our work.  They put our lives in perspective.

A video of the address is also available.

Appeals Court Dismisses Negligence Claim Against LDS Church and Volunteer Officials In Sex Abuse Case

In John Doe v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2012 Mass. App. Unpub. LEXIS 413 (MA App., April 3, 2012), a Massachusetts appeals court dismissed a suit alleging negligence and intentional infliction of emotional distress brought against the Mormon Church and certain volunteer clergy and mission presidents by a victim of childhood sexual abuse.  The abuse was committed by Kevin Curlew, a church member and volunteer babysitter at an informal church function. Miklos Jako, a non-member of the church, had warned two former missionaries of Curlew's past criminal convictions for sex abuse of children. The court said:

plaintiff's argument is that the church officials in Methuen "should have known" more, either because the internal communication of Jako's allegations should have been better relayed, or because the local ward or the stake should have done more to find out about Curlew, based on his status as a probationer ten years earlier. This duty can not arise as a matter of church membership.....

[T]he sole ground for the claim of intentional infliction of emotional distress ... is the fact that Doe saw Curlew at church on one occasion after he reported the abuse.... The decision to allow Curlew access to the church grounds and the reasons therefore inherently involves an assessment of Curlew's relationship with the church, and involve the secular review of ecclesiastical discipline and church doctrine. As such, we are prohibited from assigning liability to such actions.

Church's Cultural Center May Move Ahead With RLUIPA Equal Terms Claim

Victory Center v. City of Kelso, 2012 U.S. Dist. LEXIS 47890 (WD WA, April 4, 2012), is a challenge under RLUIPA, as well as the state and federal constitution, to Kelso, Washington's zoning regulations which kept an educational and cultural center affiliated with the Kelso Church of Truth from locating in an area zoned as pedestrian retail. The court held that the zoning regulations did not impose a substantial burden under RLUIPA on Victory Center's religious exercise, but that a factual question remains as to whether the city violated the equal terms provisions of RLUIPA in treating Victory Center differently than secular educational and cultural institutions. The court rejected Victory Center's 1st and 14th Amendment claims as well as its state constitutional claims. It also found that the city's community development director had qualified immunity.

California Federal Judge Says Same-Sex Spouse of Court Employee Entitled To Health Insurance Coverage

On Tuesday in San Francisco (CA), federal district judge James Ware, acting as administrator of the federal district court's employee dispute resolution program, ruled that denying law clerk Christopher Nathan the right to enroll his same-sex spouse in the government's health insurance program violates the court's guarantee of a discrimination-free workplace. According to the San Francisco Chronicle, Ware ordered reimbursement of Nathan for the cost of past and future private insurance for his spouse. The court's clerk, Richard Wieking, says that Ware's order is in conflict with a directive of the Administrative Office of the U.S. Courts requiring compliance with the Defense of Marriage Act.

Court Issues TRO To Permit Pre-Easter Christian Preaching to Muslims In Dearborn

Stand Up America Now is an organization created by Florida pastors Terry Jones and Wayne Sapp to "help in  proclaiming the Holy Bible of Jesus Christ to Muslims and to educate people about the threat of Shariah law to the fundamental freedoms of our nation."  They plan to speak and hand out fliers on Saturday, just before Easter, on a grassy area in Dearborn, Michigan that is open to the public and is across from the Dearborn Islamic Center. They applied for a permit, saying they expected 20 to 25 people to attend. However, before granting the permit, the city insisted that they sign an indemnification agreement as required by city ordinance. The agreement included a waiver of claims against the city even for violation of constitutional rights.  The pastors refused, and instead filed a motion (full text) for a temporary restraining order. In Stand Up America Now v. City of Dearborn, (ED MI, April 5, 2012), a Michigan federal district court granted the TRO, finding that plaintiffs:

are likely to succeed on their claim that the City of Dearborn’s ordinance requiring a “Hold and Harmless” agreement prior to holding an event, is unconstitutional and violates Plaintiffs’ First Amendment rights....

The City of Dearborn’s Ordinance No. 17-33 requires the sponsor of an event to sign an indemnification agreement with terms established by the legal department.... [A]n ordinance which grants an administrative body or government official unfettered discretion to regulate the licensing of activities protected by the First Amendment is unconstitutional....

Thomas More Law Center says that minutes before the order was issued, the city agreed to grant a permit without a Hold Harmless agreement, but plaintiffs still wanted the court to pass on the constitutionality of the requirement since it might be invoked in the future. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

NY Assistant Principal May Proceed With Charges of Anti-Semitism

In Weiss v. Department of Education of the City of New York, (SD NY, March 29, 2012), a New York federal district court permitted a former assistant principal to proceed with his hostile work environment and religious discrimination claims growing out of anti-Semitic comments by the school's principal. Among other things, plaintiff alleged that the principal referred to him several times as a "pork-eating Jew", and alleged that the principal threatened to fire him when he no longer wanted to work on Saturdays to observe the Sabbath. His 5-year probationary appointment at the School for Community Research and Learning was terminated after four years. Courthouse News Service reports on the decision.

Egyptian Court Sentences 17-Year Old For Insults To Islam On Facebook

Reuters reports that an Egyptian court on Wednesday sentenced 17-year old Gamal Abdou Massoud, a Coptic Christian, to the maximum 3-year penalty for publishing cartoons on Facebook that insulted Islam and the Prophet Muhammad. Massoud also distributed some of the cartoons to friends in the city of Assiut. The cartoons, posted in December, led to Muslim attacks on Christian homes.

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.