Report Calls For More Diversity In Now-Denominational Irish Primary Schools

In Ireland yesterday, the government's Department of Education and Skills released a report of an advisory group calling for more diversity in primary schools in the country. According to the department's release:

The report notes that while 96% of education provision at primary level is denominational arising from the historical development of Irish primary education, there is clearly increased demand for new forms of multi-denominational and non-denominational schooling, as well as increased demand for Irish language schooling. 

Minister Quinn said "Parental choice should be our main concern. Over recent decades, Irish society has been undergoing major political, social, economic, cultural, demographic and educational change. Primary school provision needs to reflect this changed society and provide for increased diversity."

Links to the full report and other related primary source material are available from the Department's website. According to yesterday's Irish Times, a key recommendation in the report is the elimination of Rule 68 of the Rules for National Schools that calls religious instruction the most important part of the school's curriculum. [Thanks to Alliance Alert for the lead.]

Recent Prisoner Free Exercise Cases-- Weekly Installment #2

In Smith v. Secretary of CDCR, 2012 U.S. Dist. LEXIS 47183 (ED CA, April 3, 2012), a California federal magistrate judge rejected a claim for damages brought by an inmate who said he was a real Jew descended from Black Hebrew Israelites, and that he was refused kosher meals. The court ruled that money damages are not available for violations of RLUIPA.

In Neal v. Cross, 2012 U.S. Dist. LEXIS 46878 (SD IL, April 3, 2012), an Illinois federal district court rejected an inmate's claim that his free exercise rights were infringed when his visit with his wife was cut short for unauthorized contact after a guard whispered to the officer in charge: "Muslims think they own the world."

In Heim v. Moore, 2012 U.S. Dist. LEXIS 46786 (MD PA, April 3, 2012), a Pennsylvania federal district court allowed an inmate to proceed with is 1st Amendment free exercise and his equal protection claims (but not his RLUIPA claim) for damages after granting his request for a kosher diet was delayed without explanation for over 5 months.

In Azor v. City of New York, 2012 U.S. Dist. LEXIS 47067 (ED NY, March 30, 2012), a New York federal district court rejected claims by a Rastafarian inmate that his free exercise rights were violated during his 12-hours of pre-trial detention when he was deprived of time to himself in a cell to pray, his pocket-size Bible was taken away, and he was denied prayer towels, a proper head covering and vegetarian or kosher food. He also claimed unsuccessfully that arresting officers made abusive comments about his religion.

In Bey v. Pennsylvania Board of Probation & Parole, 2012 U.S. Dist. LEXIS 47459 (MD PA, April 4,2012), a Pennsylvania federal district court permitted an inmate to proceed with his free exercise claim that defendants are forcing him to attend a drug and alcohol treatment program that violates his religious beliefs in order to obtain parole or a favorable parole recommendation.

In Cobb v. Mendoza-Powers, 2012 U.S. Dist. LEXIS 48572 (ED CA, April 5, 2012), a California federal magistrate judge allowed an inmate to proceed with his free exercise challenge to the continued enforcement of a prison grooming policy that had been found unconstitutional. Plaintiff, who had taken a vow not to comb or shave his hair as a symbol of his relationship with God, was disciplined violating the grooming rules.

In Robledo v. Leal, 2012 U.S. Dist. LEXIS 48359 (ND TX, April 5, 2012), a Texas federal magistrate judge recommended dismissing an inmate's claims that his free exercise rights were violated by strip searches. He believes men should only be unclothed fully in front of their wives. The court also recommended dismissing complaints regarding removal of chairs from the chapel and limitations on the number of inmates who may participate in services at the chapel, as well as plaintiff's contention that searches of him were in retaliation for his attending Catholic services in the chapel.

In Rivers v. Mohr, 2012 U.S. Dist. LEXIS 48191 (ND OH, April 5, 2012), an Ohio federal district court rejected claims by an inmate that the Ohio Department of Rehabilitation and Corrections decision to eliminate pork from inmate meals violated the Establishment Clause, as well as his 8th and 14th Amendment rights. The court said: "The ODRC's decision merely makes accommodating a multitude of religious practices and beliefs easier and more economical for the prison. Nothing in the Complaint suggests that the ODRC endorsed the Muslim religion."

California County Wants Religious Roadside Signs Moved Back

The Butte County, California Public Works department finds itself in the midst of a religion-in-schools dispute.  KHSL-TV News reported Monday on two signs put up next to a county highway by Glenn Stankis who has unsuccessfully run for Paradise Unified School District school board 4 times on a platform of Christian beliefs.  One sign urges schools to teach the Ten Commandments in the 6th grade. The other calls for schools to reinstate the Pledge of Allegiance, including the words "one nation (and school district PUSD) under God."  After receiving complaints about the signs, the public works department decided that they violate county law that requires a 55-foot setback for roadside signs. It is asking Stankis to move the signs to meet the setback requirements. Commenting on the controversy, Stankis said: ""This is a Christian nation the courts have actually ruled that and the district wants to be secular in their outlook."

Egyptian Court Suspends Constitutional Assembly Over Legality of Appointments To It

In Egypt yesterday, Cairo's Administrative Court suspended the newly created 100-member constitutional assembly appointed to draft a new constitution for the country while a panel of judges investigates the legality of the way in which the members were appointed. BBC News and The National report that dissatisfaction with the make-up of the constitutional assembly was growing ever since the two Islamic parties in parliament gave 60 of the seats on the constitution drafting body to Islamists. (However the Muslim Brotherhood's Freedom and Justice Party says that only 48 of the assembly's members are Islamists.) Coptic Christians got very few seats. Over 20 members of the constitutional assembly have already withdrawn in protest, including representatives of the Coptic Church and of the prestigious Sunni institution, Al Azhar. Journalists, professors and liberal secular members of parliament are also  among those who have withdrawn. (See prior posting.) Al Azhar had called for a constitution that guarantees freedoms of worship, opinion, scientific research and art and creative expression, and many politicians have endorsed the proposal. (See prior posting.)

In India, 23 out Of 46 Convicted For Gujarat Riots

Gulf Times reports that a court in the Indian state of Gujarat yesterday convicted 23 people in connection with the Ode village massacre that took place in 2002 as part of broader Hindu-Muslim religious riots set off after a train carrying 60 Hindu pilgrims was set on fire by a mob. Another 23 defendants were acquitted for lack of evidence. As described by the Gulf Times, the massacre involved rioters in the small Gujarati village of Ode who bolted doors of a house where Muslim families had taken refuge and then set it on fire. Of the 23 who died, 18 were women. This is one of several cases that has been investigated by a special team appointed by the Supreme Court. (See prior related posting.)

UPDATE: AFP reported Thursday that 18 of the defendants (found guilty of murder and conspiracy) were given life sentences, while 5 others (convicted of attempted murder) were sentenced to 7 years in prison.

9th Circuit: Church Marijuana Use Suit Is Ripe; But No Monetary Damages Under RFRA

Oklevueha Native American Church of Hawaii, Inc. v. Holder, (9th Cir., April 9, 2012), is a suit under the 1st Amendment and the Religious Freedom Restoration Act by a church whose sacramental earth-based healing ceremonies involve the consumption of marijuana.  In 2009, law enforcement officers seized a pound of marijuana intended for Oklevueha use from FedEx. Plaintiffs claim that even though no criminal charges have been filed against them, they fear for their ability to continue to grow, use and distribute marijuana for religious purposes. Among other things, they sought injunctive and declaratory relief to prevent enforcement of the Controlled Substances Act against them. The district court dismissed the claim on ripeness grounds. The 9th Circuit, however, reversed, holding:

Plaintiffs need not allege a threat of future prosecution because the statute has already been enforced against them. When the Government seized Plaintiffs’ marijuana pursuant to the CSA, a definite and concrete dispute regarding the lawfulness of that seizure came into existence.

The 9th Circuit also rejected the government's argument that plaintiffs should have first applied to the Drug Enforcement Administration for an exception. It said that it would not read an exhaustion requirement into the Religious Freedom Restoration Act. The court however rejected plaintiffs' claim for return or compensation for the marijuana that was seized in 2009.  It held that the Religious Freedom Restoration Act's "appropriate relief" provision does not authorize suits for money damages against the federal government, just as under the Supreme Court's Sossamon decision, similar language in the Religious Land Use and Institutionalized Persons Act does not authorize damage suits against states. Yesterday's Honolulu Star-Advertiser reports on the decision.

Pennsylvania Asks Intrusive Questions for Non-Photo Voter ID

AP reported yesterday on the problems faced by Amish and certain Mennonite sects now that Pennsylvania's new voter identification law has come into effect. Those who object for religious reasons to being photographed have the alternative of obtaining a non-photo ID from the state Department of Transportation. However questions are being raised about the intrusiveness of the affidavit that must be completed in order to obtain a non-photo ID. Applicants must answer 18 questions, including "Describe your religion," "How many members are there of your religion?"; "What religious practices do you observe?", and "Do other family members hold the same religious beliefs." Amish merely seeking to renew an existing ID can merely follow the past practice of submitting a letter from their bishop.

Recent Prisoner Free Exercise Cases

In Bader v. Wrenn, (1st Cir., March 29, 2012), the 1st Circuit rejected a RLUIPA claim by a Jewish inmate who was transferred from a prison which offered Jewish religious activities to one that did not because of a lack of outside clergy, volunteers and co-religionists. The court said that the proximate cause of the lack of religious services was not the government's transfer of plaintiff.

In Dalrymple v. Dooley, 2012 U.S. Dist. LEXIS 42814 (D SD, March 28, 2012), a South Dakota federal district court dismissed, with leave to refile, a claim that prison officials refused to add him to the "2012 Passover meal list for the Jewish Holiday Meals."

In Cotton v. Cate, 2012 U.S. Dist. LEXIS 43884 (ND CA, March 26, 2012), a California federal district court rejected claims of an inmate who was a follower of the Shetaut Neter religion that his free exercise, equal protection and RLUIPA rights were violated when he was refused a Kemetic (raw vegan-organic) religioius diet.

In Little v. Jones, 2012 U.S. Dist. LEXIS 44420 (ED OK, March 29, 2012), a Seventh-day Adventist inmate sought a vegan religious diet. An Oklahoma federal district court in a case on remand from the 10th Circuit denied in part defendants' motion for summary judgment because there is a question of fact regarding the sincerity of plaintiff's religious beliefs. It also permitted plaintiff to proceed on his claim for compensatory damages, and to amend to add claims for nominal and punitive damages.

In Tafari v. Brown, 2012 U.S. Dist. LEXIS 45055 (ND NY, March 30, 2012), a New York federal district court adopted in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 45054, March 6, 2012) and dismissed an inmate's claims that his rights were infringed when he was denied kosher meals during specific time periods, when he was not provided holiday food or a vegetarian kosher diet, and when authorities sanctioned him for not cutting his dreadlocks.

In Hysell v. Schwarzenegger, 2012 U.S. Dist. LEXIS 45452 (ED CA, March 39, 2012), a California federal magistrate judge has recommended dismissing a Wiccan inmate's claim that defendants used an underground regulation to confiscate his twenty-six Wicca religion books, oils, incense, and a multi-plug extension cord for candles.

In Harris v. Avant, 2012 U.S. Dist. LEXIS 44458 (D CO, March 29, 2012), a Colorado federal district court dismissed a Jewish inmate's claims that her free exercise and RLUIPA rights were infringed when she was required to "move to another room" on a Saturday and sign a form in connection with the move. On a separate occasion she was told to throw away a kosher meal.  The magistrate's recommendations are at 2012 U.S. Dist. LEXIS 44465, Feb. 16, 2012.

In Scott v. Brown, 2012 U.S. Dist. LEXIS 44653 (ND GA, March 29, 2012) a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 44669, Jan. 31, 2012) and, while dismissing a number of claims by a Muslim inmate, allowed him to proceed with 1st and 14th Amendment individual capacity damage claims alleging lack of a Muslim chaplain, not being allowed to wear a kufi, failure to provide secure places to pray, and not being allowed to celebrate an end-of-Ramadan meal.

In a lengthy opinion in Wood v. Yordy, 2012 U.S. Dist. LEXIS 46610 (D ID, March 30, 2012), an Idaho federal district court dismissed an inmate's complaint that he was temporarily removed from his work assignments in the prison chapel and Life Transitions Program and that his worship times in the prison chapel were limited. The court commented: "This case undoubtedly shows how a strong-willed inmate can exploit the human weaknesses of prison staff...."

In Munson v. Gaetz, 2012 U.S. Dist. LEXIS 46064 (SD IL, March 30, 2012), an Illinois federal district court permitted a Buddhist inmate who, for religious reasons, was on a lacto-ovo-vegetarian diet to move ahead with claims that his health is being injured by the high TVP/soy content in the diet. He is seeking a soy-free vegetarian diet.

Court Decides It Can Adjudicate Church's Factional Dispute

In Carter v. Lee (VT Super, April 3, 2012), a Vermont trial court held that it can adjudicate a dispute between factions of the First Congregational Church of Manchester.  Plaintiffs filed a derivative suit challenging a congregational vote to create a Board of Elders as the church's governing body.  Plaintiffs claim that they were denied access to the church membership list and records in violation of the non-profit corporation statute; that actions of the Board of Elders, including hiring of a new clergyman and certain expenditures are unauthorized; and that defendants failed to give proper notice of an amendment to the church bylaws and of a special meeting. The court concluded:

Although plaintiffs identify specific actions taken by the Board of Elders to which they object, there is no suggestion in the record that their objections are religious in nature. Plaintiffs do not argue that the Board of Elders has taken action that runs contrary to the tenets of the church, or that the creation of the board is inconsistent with church doctrine.... [A]ll of plaintiffs' claims involve a straightforward application of Vermont's non-profit corporations' law, and do not require an examination of religious doctrine. Because it appears that the court can adjudicate each count of the plaintiffs' complaint without considering ecclesiastical evidence, or resolving any religious disagreement, the court has jurisdiction to proceed.

California Environmental Rules Reduce Supply of Kosher For Passover Coke

The San Gabriel Valley Tribune reported last week that new California environmental regulations that went into effect this year have had the effect of cutting off much of the supply of Kosher for Passover Coca Cola in California. At issue is a chemical used in caramel coloring for beverages-- 4-Methylimidazole. The new California regulations require that warning labels be placed on food and beverages that contain more that a prescribed level of the chemical because, according to California, it has been known to cause cancer.  So Coke's supplier in California has a new alternative-process caramel with less of the chemical in it (background), but the formula used by manufacturer does not meet requirements for Passover food. Coke plans to have the problem solved by next year. Meanwhile some California stores have acquired Kosher for Passover Code from other states.

Recent Articles of Interest

From SSRN:

• Robert Leckey, Face to Face, (April 6, 2012).
• Sahar F. Aziz, Symposium: Confronting Islam: Shari'ah, the Constitution, and American Muslims: The Face of Islam: The Perception of Muslims in America, (11 Maryland Journal of Race, Religion, Gender, and Class 89, 2011).
• Khaled Benjelayel, Market and Economic Regulation, Islamic Perspective, (January 25, 2012).
• Deedra J. Abboud, The Anti-Therapeutic Effects of the Anti-Shari’a Movement on American Society,(March 9, 2012)

From SmartCILP:

• William P. Marshall, Ballard and the Religious Inquiry Exception to the Criminal Law, [Abstract], 44 Texas Tech. Law Review 239-257 (2011).
• Frank S. Ravitch, The Unbearable Lightness of Free Exercise under Smith: Exemptions, Dasein, and the More Nuanced Approach of the Japanese Supreme Court, [Abstract], 44 Texas Tech. Law Review 259-279 (2011).

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.