Religion Clause

Wednesday, May 23, 2012

India's Parliament Allows Separate Registration of Sikh Marriages

The Tribune (Chandigarh, India) reports that both houses of India's Parliament this week passed a long-pending amendment to the Anand Karaj Act 1909 that will now allow separate registration of Sikh marriages solemnized under the Anand Karaj ritual. The bill will become law when the President assents to it. The new law however is only a first step toward Sikhs obtaining separate recognition. India's Constitution (Art. 25) still defines Sikhs as Hindus. The new law is not even a full separate Sikh marriage law, since it says nothing about divorce. It merely will permit the central government to direct states to maintain separate marriage registers for Sikhs and designate separate bodies to register Sikh weddings.

Details on Monday's Lawsuits By Catholic Groups Challenging Health Insurance Mandate

Tuesday, May 22, 2012

Article Faults Operation of School-Choice Scholarship Tax Credit Programs

Today's New York Times carries a long front-page story on abuses in school-choice scholarship tax credit programs. The programs generally give individuals or corporations tax credits for their donations to private non-profit scholarship organizations that, in turn, distribute scholarship funds to students in private schools, mostly religiously affiliated ones. Here is an excerpt from the extensive report:

Spreading at a time of deep cutbacks in public schools, the programs are operating in eight states and represent one of the fastest-growing components of the school choice movement. This school year alone, the programs redirected nearly $350 million that would have gone into public budgets to pay for private school scholarships for 129,000 students....

While the scholarship programs have helped many children whose parents would have to scrimp or work several jobs to send them to private schools, the money has also been used to attract star football players, expand the payrolls of the nonprofit scholarship groups and spread the theology of creationism, interviews and documents show. Even some private school parents and administrators have questioned whether the programs are a charade.

Most of the private schools are religious. Nearly a quarter of the participating schools in Georgia require families to make a profession of religious faith, according to their Web sites. Many of those schools adhere to a fundamentalist brand of Christianity. A commonly used sixth-grade science text retells the creation story contained in Genesis, omitting any other explanation. An economics book used in some high schools holds that the Antichrist — a world ruler predicted in the New Testament — will one day control what is bought and sold.

Vatican Says Leaking Of Confidential Letters Was A Criminal Act

Reacting to a recently published book, the Vatican press office last week issued a statement saying: "The latest publication of documents of the Holy See and private documents of the Holy Father can no longer be considered a questionable – and objectively defamatory – journalistic initiative, but clearly assumes the character of a criminal act." According to a report by CNA yesterday, the statement comes in response to the book by Italian journalist Gianluigi Nuzzi, Sua Santita (His Holiness) which sets out a series of leaked letters addressed personally to Pope Benedict XVI. Last month the Pope set up a special commission of 3 cardinals to investigate the source of the leaks.

Group Claims Baptist Church Violated Limits On Non-Profit Political Involvement

According to a press release yesterday from Americans United, the organization has written the Internal Revenue Service (full text of letter) asking it to investigate whether a Kentucky Baptist church has violated the rules that preclude Sec. 501(c)(3) non-profit organizations from becoming involved in political elections by endorsing or opposing candidates. At issue is the sermon delivered by Pastor Ronnie Spriggs of Hager Hill Freewill Baptist Church in Hager Hill, Kentucky in which he took issue with President Obama's backing of same-sex marriage and said:

We need to really be prayerful, and we need to get active. If you’ve ever opened your mouth, you better open it now. Between now and November, God’s people ought to thunder this country. We ought to let this country know that we will not be silent on these issues....

You know why that Obama said he believes that? Because the polls represent more people in the United States believe they ought to marry than others do. So this is an advantageous time. You know what we got to show him? There’s more saved people in the United States then he thinks there are. And if we don’t voice our opinion now, we’ll lose our country….

New Lawsuits Challenge Health Insurance Contraceptive Coverage Mandate

Politico reports that 12 new lawsuits were filed yesterday around the country by some 40 Catholic institutions challenging the Obama administration's mandate requiring contraceptive coverage in health insurance policies these institutions offer to their employees and, in the case of universities, to students. Among the suits-- all coordinated by the Jones Day law firm-- is one filed in federal district court in Indiana by the University of Notre Dame. (Full text of complaint.) Commenting on the lawsuits (full text of statement), Cardinal Timothy M. Dolan, president of the U.S. Conference of Catholic Bishops, said:

We have tried negotiation with the Administration and legislation with the Congress – and we’ll keep at it – but there's still no fix. Time is running out, and our valuable ministries and fundamental rights hang in the balance, so we have to resort to the courts now.....

Monday, May 21, 2012

Move of Prayer To Precede City Council Meeting Draws Protest

Mount Vernon, Ohio's city council has traditionally opened its 7:30 meetings with a prayer. Yesterday's Columbus Dispatch reports that after council received a letter from atheist Ryan Kitko, a graduate student at Ohio State University, asking council to drop the prayer in order to respect the city as a diverse community, council president Bruce Hawkins moved the prayer 2 minutes earlier so it would precede the meeting. However, near the end of the council meeting, 4 council member spoke out against the change, and complaints from members of the public ensued.

Poland's Agriculture Minister Rejects Challenge To Ritual Slaughter

Poland's Agricultural Minister Marek Sawicki said last week that he rejects demands of animal rights activists to end kosher and halal slaughter in Poland. He says that ritual slaughter is permitted under European Union law, and that banning it would be inconsistent with Poland's constitutional protection of religious freedom According to JTA, the minister of agriculture has exempted ritual slaughter from the requirement that animals be stunned before slaughter. Activists have asked the country's prosecutor to determine if this violates Polish law. In connection with the controversy, a Polish newspaper charges that the slaughterhouses where ritual slaughter is performed are owned by a colleague of the Agriculture Minister.

Canon Lawsuit Planned Against Georgetown University Over Deviations From Doctrine

CNA yesterday reported on the petition posted online at the website of the newly formed Father King Society to Make Georgetown Honest, Catholic and Better. Founded by Georgetown alumnus William T. Blatty, author of the best-selling book The Exorcist, the organization is seeking to file a canon law lawsuit seeking a declaration that Georgetown University is no longer entitled to call itself Catholic or Jesuit, or alternatively seeking a Visitation to correct what is described as the University's:

twenty-one year refusal to comply fully with the law of the Church through the implementation of the general norms of Ex corde Ecclesiae and its eleven year non-compliance with certain particular norms adopted for the United States, which has led directly and indirectly to the tolerance and promotion of deviations from authentic doctrinal and moral teachings by Georgetown University authorities and a long series of Scandals to the faithful through actions inconsistent with a Catholic identity.

The organization's website details more specifically Blatty's concerns. The planned canon lawsuit was announced on the same day the HHS Secretary Kathleen Sebelius-- a controversial figure among Catholic institutions-- spoke at an awards ceremony during Georgetown's commencement weekend.

Sunday, May 20, 2012

Recent Prisoner Free Exercise Cases

In Mitchell v. Quarterman, (5th Cir., May 15, 2012), the 5th Circuit rejected an inmate's religious objections to a prison's policy of permitting female guards to monitor male inmates while they shower and use the rest room.

In Miller v. Collier, 2012 U.S. Dist. LEXIS 67562 (D MD, May 15, 2012), a Maryland federal district court rejected a claim by an inmate who had been involuntarily committed to a psychiatric hospital that his free exercise rights were violated by the temporary confiscation of a cross pendant and a metal rope necklace. The cross was later returned to him on a string.

In Taylor v. Hubbard, 2012 U.S. Dist. LEXIS 67853 (ED CA, May 15, 2012), a California federal magistrate judge permitted an inmate to proceed with his free exercise and RLUIPA challenges to prison rules that prevented him from having tobacco to use in his Wheel of Love Ceremony. The rules limited him to purchasing religious products from a single vendor, limited the amount that could be purchased, and prohibited him from having tobacco in his cell or on his person.

In Jackson v. Thomas, 2012 U.S. Dist. LEXIS 67821 (CD CA, May 15, 2012), a California federal district court adopted a magistrate's recommendation to dismiss (2012 U.S. Dist. LEXIS 67838, April 24, 2012), agreeing that an inmate sentenced to a state hospital as a sexually violent predator had not substantiated his allegation that he was denied the right to attend religious services during the period that his access level was reduced.

In Solomon v. Department of Financial Services, 2012 U.S. Dist. LEXIS 67479 (ND FL, May 15, 2012), a Florida federal district court adopted a magistrate's recommendations (2012 U.S. Dist LEXIS 67480, April 9, 2012) and dismissed a suit in which an inmate claimed 8th Amendment and free exercise violations after he developed paranoia about prison food following an incident in which he found meat mixed in with his supposedly vegan food.

In Gillum v. Cate, 2012 U.S. Dist. LEXIS 68661 (ED CA, May 16, 2012), a California federal magistrate judge rejected an inmate's habeas corpus petition in which the inmate claimed that the California Board of Parole Hearings violated the Establishment Clause by denying him parole based on his failure to attend a religious-based Alcoholics Anonymous program. Petitioner had not objected to attending, and he could have attended alternative programs.

In Doss v. Maples, 2012 U.S. Dist. LEXIS 68292 (ED AR, May 16, 2012), an Arkansas federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 68294, Feb. 29, 2012) and permitted an inmate to proceed with her free exercise and equal protection challenges to the prison mail room's seizing her copy of "Strong's Concordance," which she needs to practice her religious beliefs.

In Mootry v. Flores, 2012 U.S. Dist. LEXIS 68615 (ED CA, May 15, 2012), a California federal magistrate judge recommended permitting a Muslim inmate to proceed with his free exercise claim that Muslim prisoners were denied Jumu'ah services. Dismissal was recommended as to various other claims, including failure to provide a Muslim or inmate chaplain.

In Sweet v. Northern Neck Regional Jail, 2012 U.S. Dist. LEXIS 68513 (ED VA, April 18, 2012), a Virginia federal district court rejected a Muslim inmate's challenge to a jail policy that prohibits Muslims from praying in Arabic when inmates from different housing units and of different security levels are together.

Article Explores Impact of Mormonism On Romney's Political Beliefs

Today's New York Times carries a long front-page article on the importance to presumptive Republican presidential nominee Mitt Romney of his Mormon religious faith. Romney's views in numerous areas are depicted as an application of Mormon religious teachings to the secular realm:

Mr. Romney’s penchant for rules mirrors that of his church, where he once excommunicated adulterers and sometimes discouraged mothers from working outside the home. He may have many reasons for abhorring debt, wanting to limit federal power, promoting self-reliance and stressing the unique destiny of the United States, but those are all traditionally Mormon traits as well.

Outside the spotlight, Mr. Romney can be demonstrative about his faith: belting out hymns... while horseback riding, fasting on designated days and finding a Mormon congregation to slip into on Sundays, no matter where he is....

... [W]holesomeness is deeply authentic to Mr. Romney, whose spiritual life revolves around personal rectitude. In Mormonism, salvation depends in part on constantly making oneself purer and therefore more godlike....

Having a higher purpose is part of what motivates Mr. Romney, many of those close to him say, and gives him the wherewithal to suffer the slings and arrows of political life..... And while voters tend to see Mr. Romney as immensely fortunate, those close to him say that he never forgets he is a member of an oft-derided religious minority.

Muslim Summer Camp Entitled To Tax Exemption

In Camp Retreats Foundation, Inc. v. Township of Marathon, (MI App., May 15, 2012), a Michigan state appellate court reversed the state's Tax Tribunal and found that a Muslim summer camp is entitled to a property tax exemption as a charitable institution. The Tax Tribunal had held that the camp primarily promoted sports and recreation. The court disagreed, finding that the camp qualified under the definition of a charity:

Despite the articles' emphasis on athletic activities for youth, Camp Retreats' central focus is on providing the Islamic community with religious experience in a camp environment..... Contrary to the Tribunal’s reasoning, the presence of fences on the property and signs warning against trespassing bear no relationship to whether Camp Retreats offers its charity generally and without restriction.

Volokh Conspiracy has more on the case. [Thanks to Steven H. Sholk for the lead.]

Saturday, May 19, 2012

2 New USCIRF Appointments Announced

According to a press release issued on Thursday by the U.S. Commission on International Religious Freedom two new appointments to the 9-member Commission have recently been made. On May 11, President Obama announced his appointment of the Reverend William J. Shaw to his second term on the Commission. On May 15, Speaker of the House John Boehner announced his appointment of lawyer and foreign policy expert Elliott Abrams.

Friday, May 18, 2012

Contribution To Church Denied Deductibility For Inadequate Receipt

In Durden v. Commissioner of Internal Revenue, (T.C., May 17, 2012), the U.S. Tax Court denied a $25,171 tax deduction for contributions to the Nevertheless Community Church made in 2007 by David and Veronda Durden. While the taxpayers produced records of their contributions, including canceled checks, the IRS denied the deduction for failure to comply with Sec. 170 of the Internal Revenue Code. That section, and regulations under it, require an acknowledgement of the contribution from the charity dated before the return was filed or due. The acknowledgement must indicate the amount contributed and whether the charitable organization provided any goods or services in return for the contribution. Taxpayers had an acknowledgement from the Church dated January 2008 (before their return was filed), but the acknowledgement failed to indicate whether goods or services had been provided. They also had a second acknowledgement that did indicate no goods and services were provided, but that acknowledgement was dated June 2009 (after their return had been filed). [Thanks to Steven H. Sholk for the lead.]

Court Rejects Compelled Religious Speech Challenge To Oklahoma License Plates

In Cressman v. Thompson, 2012 U.S. Dist. LEXIS 68236 (WD OK, May 16, 2012), and Oklahoma federal district court rejected a claim by an Oklahoma driver that the picture on the state's standard license plates compel him to express a message contrary to his religious beliefs. The plates carry the image of a statue of a Native American shooting an arrow into the sky. Plaintiff alleges that the image retells the story of a Native American who believed in multiple deities, the divinity of nature and the ability of humans to use sacred objects to convince gods to alter nature. The court concluded, however:

A reasonable viewer simply could not glean a religious message from the Native American image on the license plate or impute such to the driver. Observers of the image "are presented with a symbol that has various and somewhat imprecise ideas associated with it." ... They are not presented with a "particularized message" that is likely, much less highly likely to be "understood by those who view[] it."

European Court Upholds Spain's Firing of Married Priest As Teacher

In Fernández Martínez v. Spain, (ECHR, May 15 2012), (opinion in French, English press release) the European Court of Human Rights in a Chamber judgment (which is appealable to the Grand Chamber) upheld the decision not to renew the contract of a priest to teach religion in a Spanish state high school. The action was taken by the local bishop after it was publicly disclosed that the priest, who had been granted a dispensation from the requirement of celibacy (he was married with 5 children), was a member of the Movement for Optional Celibacy. The court rejected the priest's argument that the protections of respect for his private life in Art. 8 of the European Convention on Human Rights invalidated the contract termination. The court, instead, that the Church's freedom of religion (Art. 9) takes precedence, and (according to the press release): "The requirements of the principles of religious freedom and neutrality precluded it from carrying out any further examination of the necessity and proportionality of the decision not to renew his teaching contract." Turtle Bay and Beyond blog reports on the decision. [Thanks to Alliance Alert for the lead.]

Kuwait's Emir Blocks Proposed Constitutional Amendment Requiring Islamic Law

According to a report today in The Peninsula, the Emir of Kuwait-- whose approval is needed for any constitutional change-- has blocked a proposal to amend the constitution to require all Kuwaiti legislation to comply with Islamic law. The amendment was put forward by the Islamic Justice Block in Parliament in a proposal signed by 31 of Parliament's 50 members. Kuwait's Constitution (Art. 2) already provides that : "The religion of the State is Islam, and the Islamic Shari'a shall be a main source of legislation." 85% of Kuwait's population is Muslim.

2nd Circuit Creates Fact-Specific Test For Constitutionality of Prayer At City Council Meetings

In Galloway v. Town of Greece, (2d Cir., May 17, 2012), the U.S. 2nd Circuit Court of Appeals, in a case of first impression for it, created an extremely fact-dependent test for determining the constitutionality of opening meetings of legislative bodies with prayer. Here the court held that the prayer policy as implemented by Greece, New York, violates the Establishment Clause because "an objective, reasonable person would believe that the town’s prayer practice had the effect of affiliating the town with Christianity." The court explained:

a municipality cannot— in our judgment— ensure that its prayer practice complies with the Establishment Clause simply by stating, expressly, that it does not mean to affiliate itself with any particular faith. Nor can a municipality insulate itself from liability by adopting a lottery to select prayer-givers or by actively pursuing prayer-givers of minority faiths whose members reside within the town. Similarly, there is no substantive mixture of prayer language that will, on its own, necessarily avert the appearance of affiliation. Ultimately, municipalities must consider their prayer practices in context and as a whole....

We do not hold that the town may not open its public meetings with a prayer or invocation.... Nor do we hold that any prayers offered in this context must be blandly “nonsectarian.”... Occasional prayers recognizing the divinities or beliefs of a particular creed, in a context that makes clear that the town is not endorsing or affiliating itself with that creed or, more broadly, with religion or non-religion, are not offensive to the Constitution.... [I]t seems to us that a practice ... that is inclusive of multiple beliefs and makes clear, in public word and gesture, that the prayers offered are presented by a randomly chosen group of volunteers, who do not express an official town religion, and do not purport to speak on behalf of all the town’s residents or to compel their assent to a particular belief—is fully compatible with the First Amendment.

... [However, a] legislative prayer practice that, however well-intentioned, conveys to a reasonable objective observer under the totality of the circumstances an official affiliation with a particular religion violates the clear command of the Establishment Clause. Where the overwhelming predominance of prayers offered are associated, often in an explicitly sectarian way, with a particular creed, and where the town takes no steps to avoid the identification, but rather conveys the impression that town officials themselves identify with the sectarian prayers and that residents in attendance are expected to participate in them, a reasonable objective observer would perceive such an affiliation.

New York Law Journal reports on the decision.

Professor Sues Over University's Reaction To His Criticism of Muslims

AP reported yesterday on a lawsuit filed on May 10 in an Indiana state court by an Orthodox Jewish professor, Maurice Eisenstein, who claims that other faculty and administrators at Purdue University Calumet conspired to ruin his reputation over comments he made in the classroom and on Facebook. The comments were critical of Muslim reactions to killing of Christians in Nigeria and to insulting the prophet Muhammad. Two other faculty filed complaints against Eisenstein. A university investigation cleared Eisenstein of charges that he had violated the school's policy against discrimination and harassment. But he was reprimanded for action considered retaliation against the two faculty members who had filed complaints against him. In last week's lawsuit, Eisenstein claims that the university violated his free speech and free exercise of religion protected by the Indiana constitution, and his right of privacy by making the disciplinary action against him public. He also claims the university's procedures for handling harassment complaints are arbitrary.