Suit Withdrawn After Good News Club Gets To Distribute Flyers To Students

Alliance Defense Fund announced yesterday that it had filed a Notice of Dismissal (full text) in Child Evangelism Fellowship Phoenix v. Dysart Unified School District, (D AZ, dismissal filed 4/26/ 2012).  Plaintiffs had filed suit in January (full text of complaint) challenging a school policy that allowed nonprofit organizations and community groups to distribute flyers in the schools, but excluding flyers "of a commercial, political or religious nature." According to the Notice of Dismissal:

7. Shortly after Plaintiffs filed their Complaint, the District approved the Plaintiffs’ requests to distribute Good News Club flyers at West Point Elementary and at another elementary school within the District where Plaintiffs were starting a Good News Club.

8. In addition, the District agreed to, and did on April 4, 2012, change Policies K-0900 and K-2300 so that they no longer expressly discriminate against religious speech and speakers, but instead grants them equal access to the District’s literature distribution forum.

U.S. Envoy Protests Anti-Semitism In Swedish City

The Forward reported yesterday that Hannah Rosenthal, the United States special envoy to monitor and combat anti-Semitism, held a meeting earlier this week with Ilmar Reepalu, mayor of the Swedish city of Malmo, to call attention to the anti-Semitism rampant in the city and the city's lack of adequate response to it. Malmö’s only rabbi, Shneur Kesselman, has been the victim of more than 50 anti-Semitic incidents during his 8 years serving the 760 members of the city's Jewish community. The anti-Semitism comes mainly from Muslims and anti-Israel activists in the city. Malmo has 45,000 Muslims, most of whom live n the eastern part of the city where the unemployment rate is 80%. The mayor has angered the city's Jewish community by saying it bears responsibility for the anti-Semitic attacks because it has not condemned Israeli treatment of Palestinians.

Pennsylvania Supreme Court Invalidates Broader Tax Exemptions For Religious Institutions

In Misivtah Eitz Chaim of Bobov v. Pike County Board of Assessment Appeals, (PA Sup. Ct., April 25, 2012), in a 4-3 decision, the Pennsylvania Supreme Court held that Act 55, a statute passed by the state legislature in 1997 in an attempt to expand the non-profit institutions entitled to real property tax exemptions violates the Pennsylvania constitution. At issue in the case was a tax exemption for a Jewish summer camp. The state constitution limits property tax exemptions to institutions of "purely public charity." Pa. Const. art. VIII, § 2(a)(v). The Pennsylvania Supreme Court in a 1985 case (Hospital Utilization Project v. Commonwealth) defined those institutions, holding that they must meet 5 criteria. One of those is that they must relieve the government of some of its burden. The legislature subsequently enacted Act 55 which defined relieving the government of some of its burden broadly. Included was any institution that "Advances or promotes religion and is owned and operated by a corporation or other entity as a religious ministry and otherwise satisfies the criteria" for a purely public charity. The majority held that this expansion goes beyond the definition set out in the Hospital Utilization Project case, and that Act 55 "cannot excuse the constitutional minimum."

The 3 dissenters in an opinion by Justice Saylor argued that the Court should give more deference to the legislature in interpreting the constitutional provision at issue. He wrote in part:

I would uphold the General Assembly’s reasonable policy determination that Act 55, with its broader definition of the ways in which an institution can demonstrate that it relieves the government of some of its burden ... serves to advance the morals and ethics of society....

[Thanks to Steven H. Sholk for the lead.] 

Delhi, India Will End Helmet Exemption For Women That Originated For Religious Reasons

The government of the national capital territory of Delhi, India told the Delhi High Court on Wednesday in response to a public interest lawsuit that it plans to end the exemption for women from the requirement to wear a helmet when riding on a motorcycle. According to India Today, the exemption had a religious origin. India's national Motor Vehicles Act (Sec. 129) requires all motorcycle riders-- except for Sikh men wearing turbans, and others exempted by State government rules-- to wear a helmet.  Just as Sikh men objected on religious grounds to helmets, so did Sikh women who can only wear a chunni. In Delhi, traffic police found it difficult to distinguish Sikh women from other women in enforcing the rule. So Delhi Motor Vehicles Rule 115 was adopted that made helmets optional for all women. That exemption will now be repealed within two months.

Egyptian Women's Group Protests Bills In Islamic Dominated Parliament

Al Arabiya News reported Wednesday that Egypt's National Council for Women is protesting proposed new laws being considered by the country's Islamic-dominated Parliament that will undermine women's rights. The most widely reported and inflammatory of the proposals (see reports in RT, London Mail), building on a fatwa issued last year by Moroccan cleric Zamzami Abdul Bari, would allow husbands to have sex with their deceased wives up to six hours after the wife's death. Apparently Bari said that since the marriage remains valid even after death, either spouse could have post-death intercourse with the other. A second proposed law that is of concern to women's rights activists is one that would allow girls to marry at the age of 14. Islamists also want to repeal the Islamic right to divorce law (Khula) enacted in Egypt over a decade ago that allows women to obtain a divorce without obstruction by their husband.

UPDATE: A number of media outlets now question the accuracy of the widely published report regarding a proposed law allowing post-death intercourse. The Daily Mail now quotes a source in the Egyptian Embassy in London as saying the report is completely false, and that even if the proposal existed it had not reached Parliament. According to Volokh Conspiracy, the original report was in Al Ahram, a paper controlled by the Egyptian military that has an interest in discrediting Islamists in Parliament. Al Aribiya that then picked up the story is controlled by Saudis who may also be concerned about Islamists gaining Parliamentary power.

Rhode Island City Will Likely Move Cross To Private Property Rather Than Litigate

AP reported yesterday that the mayor of Woonsocket, Rhode Island will likely move a cross that for over 90 years has been displayed as part of a memorial to American servicemen killed in France in World War I.  After a letter (full text) from the Freedom From Religion Foundation, the mayor says he may move the memorial from its present location in the firehouse parking lot to a more prominent location on private property.  City Council President John Ward said he believes the cross is more of a historical than a religious symbol, but the city cannot afford to litigate the issue. As reported in an FFRF press release, questions were also raised about the FireFighters Prayer and the picture of an angel on portions of the Fire Department's website. It is unclear how the city will respond to this.

Meanwhile, however, Woonsocket resident Jason LaRose who is a co-founder of Ocean State Atheists says he opposes moving the memorial. WJAR News quotes him as saying that the memorial does not promote Christianity, but "only represents the soldiers who were killed, who were most likely Catholics."

Ryan, Georgetown Faculty Joust Over Meaning of Catholic Social Teachings

Georgetown University today was the scene of an unusual debate over how to apply Catholic teachings to U.S. budget policy. Rep. Paul Ryan, chairman of the House Budget Committee delivered Georgetown's Whittington Lecture (full text of remarks). Ryan explained his budget proposals and justified them in light of Catholic social teachings, saying in part:

[S]ince we meet today at America’s first Catholic university, I feel it’s important to discuss how, as a Catholic in public life, my own personal thinking on these issues has been guided by my understanding of the Church’s social teaching.

Simply put, I do not believe that the preferential option for the poor means a preferential option for big government.... In this war on poverty, poverty is winning. We need a better approach.

To me, this approach should be based on the twin virtues of solidarity and subsidiarity – virtues that, when taken together, revitalize civil society instead of displacing it.

Government is one word for things we do together. But it is not the only word. We are a nation that prides itself on looking out for one another – and government has an important role to play in that. But relying on distant government bureaucracies to lead this effort just hasn’t worked.

....We aim to empower state and local governments, communities, and individuals – those closest to the problem. And we aim to promote opportunity and upward mobility by strengthening job training programs, to help those who have fallen on hard times.

Before Ryan's speech, nearly 90 Georgetown faculty and administrators sent him a letter objecting to his attempts to use Catholic doctrine to justify his budget. (Huffington Post). The letter (full text) says in part:

[W]e would be remiss in our duty to you and our students if we did not challenge your continuing misuse of Catholic teaching to defend a budget plan that decimates food programs for struggling families, radically weakens protections for the elderly and sick, and gives more tax breaks to the wealthiest few..... In short, your budget appears to reflect the values of your favorite philosopher, Ayn Rand, rather than the Gospel of Jesus Christ. Her call to selfishness and her antagonism toward religion are antithetical to the Gospel values of compassion and love....

While you often appeal to Catholic teaching on “subsidiarity” as a rationale for gutting government programs, you are profoundly misreading Church teaching. Subsidiarity is not a free pass to dismantle government programs and abandon the poor to their own devices. This often misused Catholic principle cuts both ways. It calls for solutions to be enacted as close to the level of local communities as possible. But it also demands that higher levels of government provide help -- “subsidium”-- when communities and local governments face problems beyond their means to address...

6th Circuit: Evangelist Has Standing; Campus Speaker Rule Unreasonable

McGlone v. Bell, (6th Cir., April 23, 2012), is a challenge by  Christian evangelist John McGlone to rules at Tennessee Technological University that require non-affiliated individuals and groups to obtain permission to speak on certain parts of the campus through a procedure that requires 14-days advance notice.  McGlone visited campus to speak with students one-on-one and in small groups, distribute literature and display signs, but was told he could only do so at one rather isolated location on campus. When he spoke elsewhere on campus, he was threatened with arrest. Reversing the district court (see prior posting), the U.S. 6th Circuit Court of Appeals held that McGlone has standing to challenge the campus rules, even though he had not applied for a permit. It went on to hold that perimeter sidewalks on the University's campus are traditional public forums, and other open spaces on campus are designated public forums. It held that the University's advance notice requirements are unreasonable, and vacated the district court's denial of a preliminary injunction.

Suit Challenges Property Tax Treatment of Churches vs. Non-Profits

A lawsuit filed in state court in Maine this week challenges the treatment under the state's property tax law of houses of worship as opposed to other charitable and benevolent non-profits.  At issue, according to a release from Alliance Defense Fund, is a decision by the city of Rockland to grant a local church a tax exemption only for its building and not for the parsonage it owns or for its parking lot. Apparently the parsonage is now being used for the pastor of a different church.  All property of non-profits formed for charitable and benevolent purposes is tax exempt. Houses of worship get exemptions only for their main building, certain personal property and for the parsonage for their cleric up to $20,000. (36 MRSA Sec. 652). The complaint (full text) in Aldersgate United Methodist Church v. City of Rockland, Maine, (ME Super. Ct., filed 4/23/2012), claims that the church should have been granted an exemption as a charitable and benevolent institution, given its services to the community.  The suit alleges that treating the church differently violates the equal protection clause and the free exercise and establishment clauses of the U.S. Constitution. [Thanks to Rick Duncan via Religionlaw for the lead.]

Russian Muslim Leaders Oppose Shariah Court Demand

RT reports that the Russian Interior Ministry is investigating a controversial televised interview of Chechen lawyer Dagir Khasavov who told REN TV that authorities should legalize shariah courts or face violence and bloodshed. The head of the Yabloko party says that Khasavov's statements violate provisions of the Russian Penal Code that prohibit extremism and sowing of national hatred. Top Muslim leaders in the country told Interfax that they do not support Khasavov's proposal. Talgat Tajuddin, the head of the Central Spiritual Muslim Board, said that religion and state are separate in Russia and Muslims should use the secular courts just as other Russians do. He said that Muslim leaders already advise believers on what shariah law requires as to religious, family and inheritance issues. Albir Krganov, head of the Moscow Muslim Board, commented that Russians associate shariah courts with stonings and other cruel executions performed in Chechnya when it was run by terrorists.

Suit Challenges Catholic School's Dismissal of Teacher Undergoing IVF

Emily Herx, a former teacher in a Catholic elementary school in Ft. Wayne, Indiana has filed a federal lawsuit alleging that the diocese of Fort Wayne-South Bend violated her civil rights when St. Vincent de Paul school fired her for undergoing in vitro fertilization treatments.  The EEOC has already issued Herx a right-to-sue letter.  According to yesterday's Ft. Wayne News Sentinel the lawsuit alleges that the priest who headed St. Vincent de Paul church told Herx that she was a "grave, immoral sinner" and that it would cause a "scandal" if anyone found out. IVF violates Catholic teachings because excess embryos are often disposed of or frozen. In a statement after the lawsuit was filed, the diocese said:

The Diocese has clear policies requiring that teachers in its schools must, as a condition of employment, have a knowledge of and respect for the Catholic faith, and abide by the tenets of the Catholic Church as those tenets apply to that person. The Diocese requires that its teachers serve as moral exemplars. Those requirements, and others, are expressly incorporated into Diocesan teacher contracts.

It also said:

the Diocese views the core issue raised in this lawsuit as a challenge to the Diocese’s right, as a religious employer, to make religious based decisions consistent with its religious standards on an impartial basis.

Challenge To Cemetery Zoning Restrictions Move Ahead

In Roman Catholic Diocese of Rockville Center, N.Y. v. Incorporated Village of Old Westbury, 2012 U.S. Dist. LEXIS 56694 (ED NY, April 23, 2012), a New York federal district court permitted plaintiff to file an amended complaint challenging the restrictions the village imposed on its developing a 97 acre tract of land as a cemetery. The amended complaint alleges RLUIPA, free exercise and equal protection violations. (See prior related posting.)

Sunrise Rock Memorial Case Finally Settled

The long-running litigation over the cross on Sunrise Rock in the Mojave Desert Veterans' Memorial is finally over. The case had been remanded to the district court by a fragmented U.S. Supreme Court decision in 2010. (See prior posting.) A California federal district court judge on Monday issued an order (full text) approving a settlement agreement (full text) under which the parties agree to implement a land transfer authorized by Congress in 2004. (117 Stat. at 1100). Under the agreement, a one acre parcel of land on Sunrise Rock will be transferred to the Veterans of Foreign Wars in exchange for a different donated 5-acre parcel that is of equal value. The National Park Service will install a fence around the one-acre on Sunrise Rock and install signage on each side indicating that the land is private property.  The National Park Service will also install a replica of the original memorial plaque on Sunrise Rock, but will not acquire a replica of the original cross. The National Park Service will not install other plaques regarding the cross or the veterans memorial, but may publicize information about it in brochures and on maps. AP reports on the settlement.

D.C. Board Approves Hebrew Language Charter School

The Washington Post reports that on Monday, the D.C. Public Charter School Board approved 4 new charter schools, including a pre-K through 5 Hebrew language public charter school called the Sela school. In Tuesday's Washington Post, Rabbi Shmuel Herzfeld published an op-ed applauding the approval. He stresses that the school's curriculum will be secular, but points out that the Hebrew foundation will be important for Jewish students who decide to pursue after-school religious studies. He explains: "Instead of focusing on language skills, which can be challenging for even the most gifted teacher, the after-school experience can now focus on spirituality and the joy of Judaism."

New Libyan Law Bans Religion-Based Political Parties

Libya's Transnational Council yesterday adopted legislation governing the formation of political parties. Parties have been banned for decades under the rule of Moamer Kadhafi. According to Star Africa, political parties may not be built on regional tribal or religious affiliations. Council member Fathi Baja says the new law is not aimed at moderate Islamists, but is intended to exclude more radical elements "whose politics exclude others." Under the new law, Libya's Muslim Brotherhood will not participate directly in the election, but instead will focus on social development.

Scientology Lawsuit Settled, Apparently With Agreement For No Comment

Yesterday's Tampa Bay Times reports that a settlement has been reached in a lawsuit originally filed by the Church of Scientology against a former long-time official and her husband who the Church claims violated a confidentiality agreement by sending out e-mails to thousands of Scientologists criticizing the Church's operations.  However, the suit backfired on the Church when, at a February hearing on a temporary injunction in a Texas state court, defendant Debbie Cook described physical abuse and detention of Scientology adherents. This led the Church to withdraw its request for a temporary injunction in its lawsuit. (See prior posting.) Cook and her husband Wayne Baumgarten claim that the confidentiality agreements should be voided because of the extreme duress they suffered before they left Scientology's Sea Org. Now however the suit has been dismissed, apparently with an agreement that neither side will speak about any aspect of the case.

Brooklyn DA's Office, Citing Victim Protection, Refuses To Release Names of Hasidic Men Charged With Sex Crimes

The Forward reports today that its request under New York's Freedom of Information Law for the Brooklyn District Attorney's Office to release of the names of 85 Orthodox Jewish men who have been arrested on sex charges during the past three years has been refused. In a letter to the Forward, the prosecutor's office wrote: "Because all of the requested defendant names relate to Hasidic men who are alleged to have committed sex crimes against Hasidic victims within a very tight-knit and insular Brooklyn community, there is a significant danger that the disclosure of the defendants’ names would lead members of that community to discern the identities of the victims." The letter also raised concerns that disclosure leading to identifying the victims could interfere with the operation of its special hot line (called Kol Tzedek, or Voice of Justice) set up three years ago to encourage Orthodox Jewish abuse victims to report abuse to authorities.

Role of Islam Becomes Important Issue In Egypt's Presidential Race

In a front-page story today, the New York Times reports that Egypt's presidential race is increasingly becoming a contest over the place of Islam in the new Egypt.  One leading candidate, Mohamed Morsi of the Muslim Brotherhood (who claims to be the only true Islamist in the presidential race) says: "The Koran is our constitution, and Shariah is our guide!" Morsi, who received a Ph.D. in engineering from the University of Southern California has been the spokesman for the Muslim Brotherhood's political wing.  He has two main challengers. Abdel Moneim Aboul Fotouh is now the leading proponent of liberal values in the presidential contest. He was expelled from the Muslim Brotherhood last year for advocating a more pluralistic approach to Islam and Egypt. Fotouh, a physician, led the doctor's group that ran field hospitals during the demonstrations that overthrew Hosni Mubarak. The third important contender in the presidential race is former foreign minister Amr Moussa, who says that Egypt cannot afford an experiment in Islamic democracy.

Jewish Groups Divided Over Broad Use Of Title VI Against Colleges

The Chronicle of Higher Education this week carries a long article detailing the spit in views between various Jewish organizations on how broadly Title VI of the 1964 Civil Rights Act should be used to combat anti-Semitism on college campuses.  At the center of the debate is the question of when graphic anti-Israel demonstrations cross the line from protected speech to anti-Semitic threats.  The issue has been focused by a resolution that will be considered next month at the Plenum of the Jewish Council on Public Affairs which urges careful consideration of 1st Amendment concerns in filing Title VI complaints against anti-Israel activity. (See prior related posting.)

Obama, Commemorating Holocaust, Announces New Steps Against Mass Atrocities

President Obama spoke yesterday at the U.S. Holocaust Memorial Museum's ceremony marking this year's Days of Remembrance of victims of the Holocaust. (Full text of speech). Obama used the occasion to announce new steps the U.S. government has taken to prevent and respond to mass atrocities around the world. He said in part:

We’re making sure that the United States government has the structures, the mechanisms to better prevent and respond to mass atrocities.  So I created the first-ever White House position dedicated to this task.  It’s why I created a new Atrocities Prevention Board, to bring together senior officials from across our government to focus on this critical mission.  This is not an afterthought.  This is not a sideline in our foreign policy.  The board will convene for the first.... 

The intelligence community will prepare ... the first-ever National Intelligence Estimate on the risk of mass atrocities and genocide.  We're going to institutionalize the focus on this issue....  Our Treasury Department will work to more quickly deploy its financial tools to block the flow of money to abusive regimes.  Our military will take additional steps to incorporate the prevention of atrocities into its doctrine and its planning.  And the State Department will increase its ability to surge our diplomats and experts in a crisis.  USAID will invite people and high-tech companies to help create new technologies to quickly expose violations of human rights.  And we’ll work with other nations so the burden is better shared -- because this is a global responsibility.

 In short, we need to be doing everything we can to prevent and respond to these kinds of atrocities -- because national sovereignty is never a license to slaughter your people.