British Court Upholds Ban On Radio Ad To Be Run By Christian Station

In London Christian Radio Ltd. v. Radio Advertising Clearance Centre, (EWHC, April 20, 2012), Britain's High Court (Queen's Bench Division) for England and Wales held that the ban on political advertising on radio broadcasts imposed by Communications Act 2003 (Secs. 319 and 321) does not infringe a Christian radio station's free expression rights protected by Art. 10 of the European Convention on Human Rights. The Radio Advertising Clearance Centre refused to clear an ad that was to be run by the station seeking information from listeners on marginalization of Christians in the workplace. The court found the ad to come within the ban since it was aimed at influencing public policy or bringing about changes in the law. In reaching its decision, the court said:

It must be stressed that it has not been suggested in any way that the stance of the Secretary of State is in any way anti-Christian or that his reasoning would not apply to any other religion. Indeed nothing in this judgment is meant to preclude advertisements by bodies such as the claimants in, for example, newspapers.

Today's London Guardian reports on the decision.

Anti-Semitic Comments Against Non-Jew Actionable Under New Jersey Anti-Discrimination Law

In Cowher v. Carson & Roberts, (NJ App., April 18, 2012), a New Jersey state appellate court held that a truck driver formerly employed by defendant site construction company had a cause of action under New Jersey's Law Against Discrimination (NJSA 10:5-12a) for anti-Semitic comments directed at him on a daily basis for over a year, even though plaintiff in fact was not Jewish.  Defendants inaccurately thought that plaintiff was Jewish, The court held:

if plaintiff can demonstrate that the discrimination that he claims to have experienced would not have occurred but for the perception that he was Jewish, his claim is covered by the LAD.

The court also held that, because the goal of the statute is to change conduct, in determining whether defendants' comments created a hostile work environment:

although plaintiff is not Jewish, the proper question in this case is what effect would defendants' derogatory comments have on a reasonable Jew, rather than on a reasonable person of plaintiff's actual background.

[Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.] 

Pakistan Supreme Court Resolves Dispute Over Hindu Women's Conversions

The New York Times  and the Times of India reported from Pakistan Wednesday on the surprise outcome in the case of three Hindu women who converted to Islam in order to marry their husbands. In cases widely followed in Pakistan, the Pakistan Hindu Council petitioned the court claiming that the women were forced to convert. Last month Pakistan's Supreme Court intervened in the cases and ordered the women sequestered for three weeks so they could decide, without pressure, what they wanted to do. Then in a hearing on Wednesday, the Court told the women that they were free to go wherever they chose, and would get police protection. The women were then taken to the court registrar's office-- without any relatives accompanying them-- so that they could each make a statement in private as to their wishes. Each of the women chose to remain Muslim and go with her new husband. The court ordered officials to report in two weeks on implementation of the order to honor the women's decisions. However, the women's parents, backed by Hindu law makers, were not satisfied with the outcome.

Complaint Filed With IRS Over Homily By Catholic Bishop

Americans United announced yesterday that it has filed a formal complaint (full text) with the Internal Revenue Service alleging that the Roman Catholic Diocese of Peoria, Illinois has violated rules barring tax exempt organizations from supporting or opposing candidates in political elections.  The complaint focuses on an April 14 homily (full text) by Bishop Daniel R. Jenky (later reprinted in The Catholic Post) in which Jenky compares President Obama's attitude toward churches with those of Hitler and Stalin. The complaint says that moments after making the comparison, Jenky urges Catholics not to vote for candidates who fail to uphold Catholic values. The complaint goes on: "It is impossible to interpret this as anything but a command to vote against Obama." The Diocese has issued an additional statement explaining Bishop Jenky's remarks.

MRFF Says Marines Nickname of Unit As "Crusaders" Violates Establishment Clause

MSNBC reported Wednesday that the Military Religious Freedom Foundation has sent a letter (full text) to the Secretary of the Navy and Commandant of the Marine Corps objecting to a commanding officer's decision last month to reinstate the name "Crusaders" as the label for Marine Fighter Attack Squadron 122. The squadron has also adopted a new logo to go along with the name change-- a red cross on a white shield similar to that of the Knights Templar in the Middle Ages. The squadron previously used the name Crusaders up until 2008, when it was changed to "Werewolves" because of the negative connotation of "Crusaders ' in Islamic and Arab countries. The demand letter sent by MRFF's counsel argues that the the new name conveys a "loud and clear" message of religious endorsement in violation of the Establishment Clause. It seeks assurances that the Marines will cease using the Crusader moniker and related imagery.

Fired Muslim IHOP Managers Sue Claiming Discrimination

The Fort Worth Star-Telegram reports that on Tuesday, four former managers of IHOP restaurants in the Dallas-Ft. Worth area filed suit in federal district court claiming they were fired because of their Muslim religion and Arab ancestry. The four were long-time employees of Anthraper Investments, the franchisee-owner of IHOP restaurants in four communities. Plaintiffs claim that their problems began when the owner's son moved from Ohio to take over operation of the Texas restaurants. The son made derogatory remarks to the managers.  The four were fired in 2010 and replaced by white, non-Muslim employees.  The suit seeks back pay, front pay and other damages.

5th Circuit: Social Security Survives Free Exercise and Establishment Clause Challenge

In Hamner v. United States, (5th Cir., April 18, 2012), the U.S. 5th Circuit Court of Appeals rejected claims brought by a pro se plaintiff that the Social Security Act violates the free exercise and establishment clauses of the 1st Amendment.  The court described as "frivolous" plaintiff's claims that Social Security is a "charity" program, and that payment of Social Security taxes and administration of the program either interferes with his exercise of Christian charity or forces him to participate in a Christian charity.

Bishops Criticize Social Welfare Cuts In House Budget; Boehner Responds

In a press release on Tuesday, the U.S. Conference of Catholic Bishops report on several letters to Congress from the bishops critical of proposed social welfare budget cuts in the budget that has been passed by the House of Representatives. The letters:

repeated and reinforced the bishops’ ongoing call to create a "circle of protection" around poor and vulnerable people and programs that meet their basic needs and protect their lives and dignity. The bishops’ message calls on Congress and the Administration to protect essential help for poor families and vulnerable children and to put the poor first in budget priorities. The bishops’ letters oppose measures that reduce resources for essential safety net programs.

As reported by The Hill, at a press conference yesterday House Speaker John Boehner, himself a Catholic, responded to the criticism, saying:

I want them to take a bigger look. And the bigger look is, if we don't make decisions, these programs won't exist, and then they'll really have something to worry about.

Rep. Paul Ryan who authored the budget bill said last week that his Catholic faith shaped the budget bill and that the bill is consistent with Catholic teachings.

New Virginia Law Protects Beliefs of Adoption and Foster Care Agencies

Last week, Virginia governor Bob McDonnell signed into law SB 349  (full text) that protects the religious views of adoption and foster care agencies by allowing them, to the extent permitted by federal law, to refuse to be involved in any placement which "would violate the agency's written religious or moral convictions or policies."  Such refusals also cannot be the basis for state licensing refusals, denials of grants or contracts, or the basis for a damage claim. Luray Page Free Press (4/12) and The Foundry report on the bill which has been a top priority of the Virginia Catholic Conference ever since the State Board of Social Services last year proposed, but then backed away from, prohibiting agencies from considering factors such as sexual orientation, family status, age, gender, political beliefs and religion when making child placements. (See prior posting.) The new law makes Virginia the second state to adopt these kinds of protections. The other is North Dakota.

Vatican Orders Reforms In Nuns' Group That Backed Obama Health Care Plan

Both AP and Zenit yesterday report on action of the Vatican to bring the Leadership Conference of Women Religious (LCWR) more into line with positions of the bishops.  LCWR, which represents some 57,000 nuns, made the news in 2010 when it, through its affiliated Network, split with the U.S. Conference of Catholic Bishops and publicly supported President Obama's heath care reform bill. (See prior posting.) A press release yesterday from the U.S. Conference of Catholic Bishops announced the publication by the Vatican Congregation for the Doctrine of the Faith (CDF) of a document titled Doctrinal Assessment of the Leadership Conference of Women Religious and of an accompanying statement by CDF head Cardinal William Levada.

An initial review of LCWR by Rev. Leonard Blair, Bishop of Toledo, reported:

while there has been a great deal of work on the part of LCWR promoting issues of social justice in harmony with the Church’s social doctrine, it is silent on the right to life from conception to natural death, a question that is part of the lively public debate about abortion and euthanasia in the United States. Further, issues of crucial importance to the life of Church and society, such as the Church’s Biblical view of family life and human sexuality, are not part of the LCWR agenda in a way that promotes Church teaching. Moreover, occasional public statements by the LCWR that disagree with or challenge positions taken by the Bishops, who are the Church’s authentic teachers of faith and morals, are not compatible with its purpose.

With the approval of Pope Benedict XVI, CDF has appointed Archbishop Peter Sartain of Seattle to oversee changes in LCWR. Sartain is to be assisted by Bishop of Toledo (OH) Leonard Blair and Bishop of Springfield (IL) Thomas John Paprocki.  Their mandate is to revise the governing documents of LCWR, review its plans and programs to ensure that its "mission is fulfilled in accord with Church teachings and discipline," to "offer guidance in the application of liturgical norms and texts," and to review LCWR's links to organizations such as Network and Resource Center for Religious Life.

Hasidic Teenager Gets 7-Years In Religiously Motivated Firebombing

AP reported yesterday that 18-year old Shaul Spitzer, a Hasidic Jew who lives in the insular village of New Square, New York, has been sentenced to seven years in prison for his firebombing of the house of another New Square resident growing out of a religious dispute between the leader of the Skverer Hasidic movement and a group of dissidents. (See prior posting.) Spitzer's attorney says the sentence was "fair and compassionate," but he is concerned how Spitzer will fare in prison. Spitzer's religious lifestyle in New Square means he has had "no exposure to the outside world."

Court Says Factual Issues Remain In Suit Over Sabbath Accommodation For Employees

In Jackson v. Longistics Transportation, Inc., (WD TN, April 13, 2012), the Jacksons, a married couple who worked as team drivers for defendant trucking company, sued claiming defendant had failed to reasonably accommodate their Sabbath observance which precluded them from working from sundown Friday to sundown Saturday. The Jacksons belong to a Christian church that observes the Jewish Sabbath and festivals. The trucking company issued a written reprimand to plaintiffs when they refused an assignment that would violate their Sabbath, warning that a second refusal would lead to their termination. They subsequently refused a second assignment, and are no longer employed by the company.  Details of their leaving is the subject of dispute between the parties. Plaintiffs contend they were constructively discharged. The court refused to grant summary judgment for defendant, finding that triable issues remain as to whether defendant ever offered an accommodation to plaintiffs and whether plaintiffs requested an accommodation that would result in undue hardship to the trucking company. [Thanks to CCH Employment Law Daily via StevenH. Sholk for the lead.]

Bishops Appeal Court's Decision on Trafficking Victims Grant

The U.S. Conference of Catholic Bishops announced on Tuesday that it has filed a notice of appeal with the First Circuit Court of Appeals in  American Civil Liberties Union of Massachusetts v. Sebelius.  In the case, a Massachusetts federal district court held that the Department of Health and Human Services violated the Establishment Clause when, in selecting the U.S. Council of Catholic Bishops to administer funds under the Trafficking Victims Protection Act, it permitted USCCB to impose religious restrictions on use of grant funds. The Bishops prohibited grantee subcontractors from using grant funds to refer trafficking victims for abortion services or contraceptive materials. (See prior posting.) The Washington Times reports that Rep. Christopher H. Smith, the New Jersey Republican who authored the Trafficking Victims Protection Act, supports the bishops' appeal.

German Halal Butcher Encounters Bureaucratic Resistance Despite Court Wins

Public Radio International yesterday reported on the problems faced by a Muslim butcher, Rüstem Altinküpe, in obtaining a license to engage in halal slaughter of animals without first stunning them. Even though Altinkupe has repeatedly won in German courts, a Hessen district administrator, Reinhard Strack-Schmalor, is resisting.  Strack-Schmalor-- under pressure from animal rights activists and the extreme political right-- takes the position that there are ways around the Islamic law ban on stunning animals. Altinküpe is particularly concerned that a local German bureaucrat can impose his interpretation of Islam on on a Muslim.

Racial Profiling Hearings Include Religious Profiling Concerns

Yesterday, the U.S. Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Human Rights held a hearing on "Ending Racial Profiling In America." The witness testimony (links to full text and webcast) also focused on profiling of Muslim Americans as an aspect of racial profiling.  The proposed End Racial Profiling Act (S. 1670) defines "racial profiling" as "the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, or religion in selecting which individual to subject to routine or spontaneous investigatory activities". Thirty-four religious and advocacy groups-- secular organizations as well as ones representing various faiths-- also wrote the subcommittee "to highlight our objections to religious profiling, which may sometimes also be used as a proxy for race, ethnicity, or national origin." (Full text of letter.) An article in The Hill yesterday by the co-directors of the Brennan Center also focuses on religious profiling, pointing out that the 2003 Department of Justice guidelines on profiling cover racial and ethnic profiling, but not religious profiling. Also the guidelines do not cover national security and border security matters, nor do they cover state and local law enforcement.

Arizona Authorizes High School Courses On Bible As History and Literature

The Arizona Republic reports that Gov. Jan Brewer on Tuesday signed HB 2563 (full text) which provides that public schools may offer high school elective courses on how the Bible has influenced Western culture.  The new law also mandates that the State Board of Education develop standards for courses in History and Literature of the Old Testament, and History and Literature of the New Testament. Among other things, the new law provides that a student may not be required to use a specific translation of the Bible in these courses, and teachers are not to be assigned to teach the course on the basis of religious belief or affiliation. (Bill Summary). The Arizona Republic reports that this makes Arizona the sixth state to authorize high school courses on the Bible.

Senior Housing Managers Claim They Were Fired Because They Are Not Mormons

Courthouse News Service reported yesterday on a religious discrimination lawsuit filed in federal district court in Oregon by six former managers of senior housing facilities who claim that they were fired in part because they are not members of the Church of Jesus Christ of Latter Day Saints. They claim that their employer, Care Senior Living, is controlled by Sorenson Capital Partners (SCP). In turn, SCP strongly favors hiring and doing business with other members of the LDS Church. The lawsuit has garnered attention because the principals of SCP, including a number of its managing directors and officers, are former partners or executives at Bain Capital and Bain & Company.  Presumptive Republican presidential nominee Mitt Romney was a founder of Bain Capital after working for Bain & Co. The complaint (full text) in McCurdy v. Sorenson Capital Partners, LP, (D OR, filed 4/13/2012) alleges violation of state laws relating to religious and age discrimination as well as breach of contract claims. [Updated]

Air Force Inns Will No Longer Assure Bibles Are Furnished

Air Force Inns are temporary government lodging facilities-- intended to be equivalent to commercial hotels-- provided on Air Force bases for personnel travelling on temporary assignments or beginning a reassignment. Like much in the military, the Air Force has a check list that those operating Air Force Inns must use to make certain that the Inns meet Air Force standards. Air Force Times reported Monday that the check list is being modified (effective fiscal 2013) to eliminate the item reading: "Is a Bible provided?"  According to God and Country blog, the move comes after the Military Association of Atheists and Freethinkers raised questions about the Bibles. While the check list is being changed, the Air Force has not at this time directed that Bibles actually be removed from the rooms.

Canada Marks 30th Anniversary of Charter of Rights and Freedoms

Today is Law Day in Canada, and it celebrates the 30th anniversary of Canada's Charter of Rights and Freedoms.  A Canadian Bar Association news release links to a video of the original signing of the Charter by Queen Elizabeth II and then-Canadian Prime Minister Pierre Trudeau.  Among other rights, the Charter protects freedom of conscience and religion. CBC News reports that Canada's Charter has had growing influence over constitution drafting in other nations.

ACLU Criticizes Operations of US Commission on International Religious Freedom

The ACLU in a blog posting yesterday charges that the U.S. Commission on International Religious Freedom has failed to operate effectively. The ACLU says in part:

[S]ince its inception, the commission's been beset by controversy. People who watch the commission closely say it was created to satisfy special interests, which has led to bias in the commission's work. Past commissioners and staff have reported that the commission is "rife, behind-the-scenes, with ideology and tribalism." They've said that commissioners focus "on pet projects that are often based on their own religious background." In particular, past commissioners and staff reported "an anti-Muslim bias runs through the Commission's work."

The commissioners' personal biases have led to sharp divides both within the commission and with the State Department, which it is supposed to advise. One expert calls the commission's relationship with the State Department "adversarial," and "not conducive to effective dialogue, let alone cooperation."

The posting goes on to raise questions about two of the recent appointments to the Commission:  Zuhdi Jasser who the ACLU describes as someone who validates manufactured myths about Muslims; and Robert George who has been actively involved in battling against same-sex marriage. (See prior related posting.)