Religion Clause

Sunday, April 15, 2012

Tennessee Governor Signs Bill On Religion In Schools

As reported by CBN, on April 10 Tennessee Gov. Bill Haslem signed HB 3266 into law. The bill makes two changes in Tennessee law regarding religion in schools. In reaction to Cheatham County's 2010 settlement of a lawsuit involving religious activities in schools (ACLU summary), the bill prohibits local education agencies and school administrators from taking any action that would infringe the rights or freedoms of students, teachers or staff without their written consent.An amendment to the bill that also passed provides that:

LEAs [Local Education Agencies] and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel.

SEC Files Suit In Affinity Fraud Aimed At Socially Conscious Church-Goers

The Securities and Exchange Commission announced Thursday that it had filed a federal lawsuit in Atlanta against Ephren W. Taylor, II, the operator of an $11 million Ponzi scheme that targeted socially conscious African-American church-goers. The complaint (full text) in Securities and Exchange Commission v. City Capital Corp., (ND GA, filed 4/12/2012) alleged in part:

Taylor strenuously cultivated an image of a highly successful and socially conscious entrepreneur. Marketing himself as "The Social Capitalist," he touted equally his status as the youngest black CEO of a public company and the son of a Christian minister who understands the importance of "giving back.".... Taylor conducted a multi-city "Building Wealth Tour," on which he spoke to church congregations – including Atlanta’s New Birth Church – or at wealth management seminars featuring other speakers.

Christian Post reports on the case.

Saturday, April 14, 2012

Student's Rights Not Infringed By Bus Driver's Lecture On Tolerance

In R.Z. v. Carmel Clay Schools, (SD IN, April 11, 2012), an Indiana federal district court granted summary judgment to defendants in a case in which parents challenged a lecture given by a public-school bus driver in 2008 to students on the bus. Her remarks were triggered by anti-gay and religious statements the parents' eighth-grade daughter had made. The bus driver (whose lengthy statements were recorded by school bus surveillance equipment) said in part:

This week we had a very historic election. Okay. It’s called diversity in this country. The diversity here – we’ve got kids on this bus who are Jewish, Catholic, I’ve had Muslims, I’ve had Buddhists, Sikhs, fine. That’s why we are what we are. I don’t care if you’re gay. I don’t care what you are. All those diverse things are what make this country what it is. I don’t care if you are evangelical. What I will not tolerate is your own personal views being espoused on this bus that you are going to go to hell if you don’t do it the way I do it. We’ve had this conversation before, we’ve had it for three years. We’re not going to have it again. If you can’t believe in tolerance towards one another, you don’t belong here. You belong in a parochial church school. I don’t want to hear one more word about anybody going to hell if they are gay or if they’re Buddhist or whatever, cause it is none of your damn business.

The court rejected claims that the student's free expression, free exercise and equal protection rights had been infringed.

American Nazi Party Deploys Registered Lobbyist For First Time

For the first time, the American Nazi Party has a registered lobbyist in Washington, D.C. Michigan resident John Bowles has filed a Lobbying Registration form (full text) with Congress, listing his client as "ANP". Haaretz reported today that 55-year old Bowles, an American Nazi Party member told ABC that lobbying was something that the Party wanted to "try out for the first time and see if it flies." The American Nazi Party's has created a new website devoted to its lobbying activities.

Catholic Bishops Issue New Statement On Challenges To Religious Liberty

The U.S. Conference of Catholic Bishops on Thursday issued a new call to action to defend religious liberty. In a document titled Our First Most Cherished Liberty: A Statement on Religious Liberty, the bishops said:

As Catholic bishops and American citizens, we address an urgent summons to our fellow Catholics and fellow Americans to be on guard, for religious liberty is under attack, both at home and abroad.

The statement cites 7 specific areas of concern to the bishops: the HHS mandate on contraceptive coverage in health insurance policies; state immigration laws that threaten pastoral outreach to illegal immigrants; a Connecticut bill that would have forced restructuring of parish governance; Hastings College of Law denial of recognition to the Christian Legal Society because of religious limits on who could be leaders; governmental refusals to fund Catholic foster care and adoption services that refuse to place children with same-sex couples; New York City's rule against churches renting out space in school buildings on weekends; and disqualifying USCCB from administering human trafficking grants because it will not provide or refer for contraceptive or abortion services. (See prior related posting.) [Thanks to Marty Lederman via Religionlaw for the lead.]

Thursday, April 12, 2012

Kentucky Governor Signs Into Law Bill Giving Amish Alternatives For Buggy Signage

AP reports that on Wednesday, Kentucky governor, Steve Beshear, signed SB 75 into law. The bill gives 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. (See prior posting.)

Tennessee Governor Lets Bill On Science Teaching Become Law Without His Signature

The Tennessean reports that Tennessee Governor Bill Haslam on Tuesday returned HB 368 to the legislature without either vetoing or signing it. The bill on teaching of controversial scientific topics, including evolution, global warming, the origins of life and human cloning, will thus become law without his signature. The bill (which passed the legislature by large majorities) encourages schools to help students "respond appropriately and respectfully to differences of opinion about scientific subjects required to be taught under the curriculum framework developed by the state board of education." It goes on to provide that "teachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught within the curriculum framework developed by the state board of education." (See prior posting.) The governor said that the bill creates confusion, explaining:

I do not believe that this legislation changes the scientific standards that are taught in our schools or the curriculum that is used by our teachers. However, I also don’t believe that it accomplishes anything that isn’t already acceptable in our schools.

No Basis For Removing State Charges To Ecclesiastical Court

In Prather v. Governor of Washington, 2012 U.S. Dist. LEXIS 49810 (WD WA, April 9, 2012), a Washington federal district court dismissed a civil rights lawsuit in which plaintiff claimed that state criminal proceedings against him alleging domestic violence and drug charges should have been removed to an ecclesiastical court. Vincent Prather argued that "[t]he Bible forbids Christians from asserting or defending their rights in a secular court." The court said that religious convictions do not exempt an individual from laws that are generally applied to all citizens.

Tunisia's President Condemns Violence Against Jews At Ceremony Marking Synagogue Bombing

Moncef Marzouki, a human rights activist who was elected Tunisia's interim president last December following the country's "Arab Spring" demonstrations, yesterday reached out to Tunisia's 2600-year old Jewish community. According to Tunisia Alive, Marzouki attended a ceremony at the El Ghriba Synagogue in Djerba to commemorate the 2002 Al-Qaeda truck bombing of the synagogue that killed 21 people. In his remarks at the ceremony, Marzouki said that "any vandalism or violence against the Tunisian Jewish people, their property or their holy sites is totally unacceptable." In three demonstrations by conservative Salafist Muslims in recent months, demonstrators have called for Muslims to kill or wage war against Jews.

Wednesday, April 11, 2012

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.)

Tuesday, April 10, 2012

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.

Monday, April 09, 2012

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.