Madonna And Concert Organizers Sued In Russia For Offending Believers and Cultural Traditions

The Huffington Post, Interfax, and Businessweek all report yesterday and today on a 333 million ruble ($10.4 million US) lawsuit filed in a Russian court against the U.S. pop star Madonna for offending the feelings of believers and the cultural traditions of city residents during her Aug. 9 concert in St. Petersburg.  Also named as defendants were the concert organizer PMI Corp. and the venue at which it was held, Peterburgsky Sports and Concert Complex.  At the concert, Madonna championed equal rights for gays in protest of legislation passed earlier this year by St. Peterburg banning "propaganda of sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors."  At the concert she apparently also stomped on an Orthodox cross, asking everyone in the audience wearing pink bracelets to raise their hands.  The suit was brought by members of the Trade Union of Russian Citizens and of Narodny Sobor. Plaintiffs' lawyer, Alexander Pochuyev, responding to criticism that characterized the lawsuit as medieval behavior, said that plaintiffs have used: "a civilized, modern and popular way of defending their rights - by filing a lawsuit. No one burned anyone at the stake or used the inquisition. Modern civilization requires religious tolerance and respect of other values."

EEOC Wins Settlement In Religious Accommodation Suit

The EEOC announced this week a settlement agreement in a religious discrimination lawsuit it had filed in an Indiana federal district court against Magnetics International, Inc.  The EEOC alleged that Magnetics fired Daniel Bewley who was employed as a laborer rather than offering a reasonable accommodation for his religious needs.  Before accepting the job, Bewley, a Christian, had told the company that he needed to attend church at least every other Sunday.  Subsequently however the company insisted that he work on consecutive Sundays. Under the consent decree, Magnetics will pay $30,000 in damages, will track and respond to requests for religious accommodation for the next three years, and will post a non-discrimination policy and institute employee training on non-discrimination. [Thanks to Steven H. Sholk for the lead.]

Christian School's Zoning Challenge Dismissed On Ripeness Grounds

In Tree of Life Christian Schools v. City of Upper Arlington, (SD OH, Aug. 16, 2012), an Ohio federal district court dismissed on ripeness grounds a lawsuit by a private Christian school that unsuccessfully sought a conditional use permit to operate in a commercial office building. The suit asserted RLUIPA as well as 1st and 14th Amendment and state constitutional claims. The school had been advised by the city that rezoning, rather than a conditional use permit application, would be required, but the school never initiated the rezoning process. The court concluded that the city should have the opportunity to conduct the type of in-depth review of the impact of the use of the building that would occur in a rezoning hearing. (See prior related posting.)

New Study Surveys Regulation of Religion In Denmark

In Denmark, the University of Copenhagen's Centre for European Islamic Thought this month published a 234-page study titled Danish Regulation of Religion, State of Affairs and Qualitative Reflections. The study is part of the European Union's RELIGARE project. The new report surveys four areas: (1) religion and family in Denmark; (2) religion and the labor market in Denmark; (3) religion and public space in Denmark; and (4) state support for religions in Denmark. [Thanks to Niels Valdemar Vinding via Religionlaw for the lead.]

Russian Punk Rockers Get 2 Years For Hooliganism Motivated By Religious Hatred

In Russia today, three members of the feminist Pussy Riot punk-rock band were convicted on charges of hooliganism motivated by religious hatred and each were given a 2 year prison sentence. The charges carried a maximum sentence of 7 years, and the prosecution had asked for 3 years.  The three had been arrested after they entered a nearly empty Christ the Savior Cathedral and performed an obscene "punk prayer" in protest of the Russian Orthodox Church's political support for Vladimir Putin. (See prior posting.) The trial has been widely followed around the world as a test of democracy and free expression in Russia. Describing today's Moscow court proceedings, the Washington Post said:

The judge’s recitation Friday dwelled on what sounded like an offense to the church rather than the state. She quoted at length witnesses who said they were believers deeply offended by the one-minute performance.

One witness said that the young women violated the Cathedral of Christ the Savior dress code with their short dresses and that women were expected to behave modestly in church. Another said public prayers were not permitted in the cathedral without the presence of a priest. If that wasn’t bad enough, one witness said, the performance occurred just before Lent.

UPDATE: Interfax reported (8/17) that the Russian Orthodox Church has asked the Russian authorities "to show mercy within the law towards the convicted" Pussy Riot band members. Meanwhile The Examiner (9/18) reprints an English translation of a recent Open Letter (full text in Russian) in which nearly 200 Russian lawyers and jurists argue that the band members should have been charged at  most merely with the minor offense under Art. 5.26 of the Russian Code of Administrative Offenses of Insulting Religious Feelings of Citizens.

Jury Awards $1.6 Million Damages For Hotel Owner's Actions Against Jewish Group

A jury in a California state trial court this week awarded $1.2 million in compensatory damages and over $400,000 in punitive damages to members of the Friends of Israel Defense Forces for violation of the anti-discrimination provisions of California's Unruh Civil Rights Act by a hotel at which the group was holding an event.  As reported by the New York Times and the Los Angeles Times, plaintiffs claimed that the owner of the Santa Monica Hotel Shangri-La, Tehmina Adaya (a Pakistani-born Muslim), attempted to evict the Jewish group (repeatedly using profanity), but finally allowed them to stay if they removed all signage and literature identifying the purpose of the event. A former employee sad that Adaya feared her family would cut off financing from her if they learned there was a Jewish event at the hotel. Adaya denied the charges.

Justice Department Sues Florida Prisons Over Lack of Kosher Meals For Religious Accommodation

As reported by the Huffington Post, on Tuesday the U.S. Department of Justice filed suit in federal district court against the Florida Department of Corrections claiming that its refusal to supply kosher meals (except in a small pilot program in one facility) to those who have a religious need for them violates the Religious Land Use and Institutionalized Persons Act.  The complaint (full text) in United States v. Secretary, Florida Department of Corrections, (SD FL, filed 8/14/2012), alleges that Florida's "dietary policies force prisoners with a religious basis for consuming kosher meals to violate their core religious beliefs on a daily basis." Florida prisons discontinued their prior Jewish Dietary Accommodation Program in 2007.

Saudi Government Agency Files 166 Objections, Many Religion-Based, To Proposed New gTLD's

As previously reported, in June the Internet Corporation for Assigned Names and Numbers (ICANN) published a list of who has applied for which new generic Top-Level Domain (gTLD) names.  At least 15 of the proposed new gTLD's have religious connotations.  With the deadline for general comments on the applications recently extended to September 26, already a number of objections, as well as supporting statements, have been filed for certain of the religious themed URL suffixes. Today Online reported yesterday that Saudi Arabia's Communication and Information Technology Commission has filed 166 objections.  The gTLD's that the Saudi's oppose include .catholic (because other churches use the term in their names) and .islam (because the applicant cannot represent the entire Muslim community).  The Saudi Commission states more generally:

... we believe that any and all gTLD applications for any name in relation to religion or a specific community should be presented to representative members of that community for evaluation and the view of such members should be taken into account when granting or denying the application. If this cannot be accomplished then these community and religious sensitive names/words should be restricted completely from being used as gTLD's altogether.

The Saudis have also filed objections to proposed gTLD's that are associated with items prohibited by Islamic law, such as .tattoo, .bar, .pub, .gay, .vodka.  The Saudis also oppose .bible because "with a number of religions, and groups within them, disagreeing over the provenance and content of the bible one group or individual should not be permitted to define what the bible is, or is not, on the world wide web."

An examination of the objections which have been filed with ICANN can be searched from this website.  To view all the filings by the Saudis, search by "Name" for "Abdulmjid". Searches can also be made by "String" to find comments on any of the other proposed gTLD's.  For example, an individual concerned about the Church of England has objected to the Vatican's application for the .catholic gTLD. [Correction: an earlier version incorrectly attributed this objection to the Church of England itself.]  [Thanks to Alliance Alert for the lead.]

4th Circuit Grants En Banc Review In Pregnancy Center Compelled Speech Case

On Wednesday, the U.S. 4th Circuit Court of Appeals granted en banc review in Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore. (Full text of court order.) In the case, a 3-judge panel (in a 2-1 decision) in June struck down on free speech grounds a Baltimore ordinance that requires "limited-service pregnancy centers" to post signs announcing that that they do not provide or make referrals for abortion or birth control services. (See prior posting.) The Center for Reproductive Rights issued a press release applauding the decision to rehear the case.

Disciplinary Office Seeks Suspension of Lawyer For Anti-Catholic Statements In Court Filings

As reported by the St. Paul Pioneer Press and by MinnLawyer Blog, the Minnesota Office of Lawyers Professional Responsibility on Wednesday filed with the Minnesota Supreme Court a petition seeking suspension from practice of attorney Rebekah Nett.  The petition alleges a pattern of bad faith litigation and reckless and harassing statements.  Among the statements at issue are a number of anti-Catholic slurs directed at the federal bankruptcy court judge and several federal bankruptcy trustees. This excerpt from the 26-page petition to the state Supreme Court gives a flavor of the statements involved:

Respondent's statements ... that Judge Dreher is a Catholic judge, that Judge Dreher is a black robed bigot, that the Chapter 7 trustee had engaged in lies, deceit, treachery, and connivery... , that the fact that [3 U.S. trustees and the judge] ... are of the same race and religion demonstrates their conspiracy and deceitful practices to hurt the debtor, that ... court systems... are composed of a bunch of ignoramus, bigoted Catholic beasts that carry the sword of the church ... lacked a basis in law or fact and were made with knowledge of their falsity or with reckless disregard at to their truth or falsity.

(See prior related posting.)

German Court Refuses To Ban Demonstrators' Caricatures of Muhammad

AP reports that in Germany, a Berlin administrative court yesterday rejected an emergency appeal by three mosques that are seeking to prevent the right wing "Citizens Movement - Pro Germany" from displaying caricatures of the Prophet Muhammad at a planned demonstration this weekend.  The slogan for the Berlin demonstration is "Islam does not belong in Germany - Stop Islamization." The court ruled that the caricatures are protected by free expression guaranties, and do not violate laws against slander or inciting hate or violence. [Thanks to Alliance Alert for the lead.]

Shooter At Family Research Council Was Supporter of LGBT Rights

The Washington Post report today on the 28-year old man charged with shooting and wounding a security guard at the D.C. office of the Family Research Council suggests that he was motivated by the Council's opposition to expansion of rights for gays and lesbians.  According to the FBI affidavit (full text) seeking to show probable cause to charge Floyd Lee Corkins II, the shooter told the guard, before opening fire, "I don't like your politics."  Corkins' backpack contained 15 sandwiches from Chick-fil-A, whose president recently made highly publicized statements in opposition to same-sex marriage.  Corkins' parents told investigators that Corkins has strong opinions about those he believes do not treat homosexuals in a fair manner. Corkins has been volunteering at a community center that serves LGBT clients.

1st Circuit Upholds Monastery's Copyright Infringement Claims As To Translations Of Religious Works

In Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of Denver, Colorado, (1st Cir., Aug. 2, 2012), the U.S. 1st Circuit Court of Appeals affirmed a Massachusetts district court's copyright infringement judgment in favor of  an Eastern Orthodox monastic order. (See prior posting.)  Holy Transfiguration Monastery translated a number of ancient religious texts.  Archbishop Gregory, a former member of the Monastery, left it and formed his own monastery, the Dormition Skete, in Colorado. The Archbishop also created a website on which he posted 7 of the translations that had been produced b y Holy Transfiguration Monastery. An earlier lawsuit over the postings ended with a settlement agreement. However documents remained on the Archbishop's website, and the present suit-- for breach of contract and copyright infringement followed. The Second Circuit rejected a number of defenses raised by the Archbishop-- including contentions Monastery's Works were made for hire for the Russian Orthodox Church Outside Russia (ROCOR); that they are in the public domain; that the materials are not copyrightable; a fair use defense and a claim that the dispute was a matter of religious law outside the jurisdiction of civil courts.

Particularly at issue was a provision in the Monastic Statutes for Monasteries of ROCOR calling for transfer of monastery property to ROCOR in case of closing or liquidation of a monastery. The Archbishop claimed that this provision was triggered by the Monastery's ending of its affiliation with ROCOR.  The 1st Circuit said:

A review of the record confirms that we may apply the Monastic Statutes' plain terms without treading upon religious doctrine, church governance, and ecclesiastical laws.... Neutrally applying this plain language, we conclude that the Archbishop's position as to ROCOR's ownership holds little water.

Ft. Hood Shooter's Trial Stayed While Appeals Court Considers Forced Shaving of Defendant

The United States Court of Appeals for the Armed Forces yesterday issued an order staying proceedings in the trial of mass shooter Maj. Nidal Hasan.  According to a release from the Fort Hood Public Affairs Office, the stay was imposed while the appeals court decides whether or not the presiding judge in the military trial can order Hasan, who has grown a beard for religious reasons, to be forcibly shaved. (See prior posting.) Earlier yesterday, according to the Los Angeles Times, Hasan's lawyers told the trial court that Hasan wanted to plead guilty for religious reasons to take responsibility for his actions. Military judge Col. Gregory Gross said he was not allowed to accept a guilty plea in a capital case, but that Hasan's lawyers could still enter the plea.

UPDATE: Here is the full text of the Court of Appeals order.  It calls for the military court trial judge to respond by Aug. 22. The full text of Hasan's petition to the appeals court, which includes Hasan's legal arguments in support of the petition, is also available online.  It recites in part that "Petitioner is a practicing Muslim and has recently had a premonition that his death is imminent.  He does not wish to die without a beard as he believes not having a beard is a sin." The Los Angeles Times has further coverage.

Hungary's Ombudsman Wants Court Review Of Law On Churches

BosNewsLife reported yesterday that in Hungary, the country's Ombudsman who is elected by Parliament to protect fundamental civil rights is asking the Constitutional Court to overturn the country's recently enacted Law on the Right to Freedom of Conscience and Religion, and on Churches, Religions and Religious Community. The Constitutional Court struck down an earlier version of the law last year on procedural grounds. (See prior posting.) The law recognizes only 14 religious faiths, instead of the 300 that have previously recognized, and permits others to apply to Parliament for recognition if they have been operating in Hungary for at least 20 years. Under this provision Parliament has recognized 18 additional groups. The Ombudsman contends that the provision in the law that gives Parliament the unreviewable power to decide which groups will be recognized is "contrary to the principle of separation of power, to the right to fair procedure and to the right to legal remedy."  Formal recognition gives churches tax-free status and access to government support.  It also authorizes them to collect contributions during services and do pastoral work in jails and hospitals.

11th Circuit Orders Hearing On Standing In 10 Commandments Case

In American Civil Liberties Union of Florida, Inc. v. Dixie County Florida, (11th Cir., Aug. 15, 2012), the U.S. 11th Circuit Court of Appeals remanded to the district court for a hearing on standing a case challenging the constitutionality of a Ten Commandments statue near the entrance to the Dixie County, Florida courthouse. The individual (identified as John Doe) through whom the ACLU claims organizational standing is a North Carolina resident who was offended when he saw the statue during a trip to the courthouse to check out certain real estate records. At issue was whether the statue was the cause of  Doe's not moving ahead to purchase property in the county. Judge Edmondson dissented in part, arguing that the case should be remanded for immediate dismissal, rather than for a further hearing on standing. The Wall Street Journal reports on the decision.

Islamists Launch Online Attacks Against 2 Tunisian Olympians

AP reported yesterday that in Tunisia, Islamic fundamentalists are using social media in a campaign against two Tunisian Olympic athletes. Islamists on social media networks are calling on the Tunisian government to strip steeplechase silver medalist Habiba Ghribi of her Tunisian citizenship because her running outfit was too revealing.  Ghribi is first Tunisian woman to win an Olympic medal.   Separately, the Islamist group Ansar al Chariaa is conducting a Facebook campaign against swimmer Oussama Mellouli because he drank juice before racing during Ramadan. Mellouli won a gold and a bronze medal.

State Secrets Privilege Leads To Dismissal Of Suit For Spying On Mosques

The Los Angeles Times reports that yesterday a California federal district court dismissed a class action lawsuit that had been filed against the federal government and the FBI for planting an informant in Orange County, California mosques. The court accepted the government's assertion of the state secrets privilege-- that national security would be endangered by disclosing targets in counter-terrorism investigations. The court, however, permitted claims under the Foreign Intelligence Surveillance Act against individual FBI agents and supervisors to proceed.

UPDATE: The text of the court's opinion in Fazaga v. FBI, 2012 U.S. Dist. LEXIS 116723 (SD CA, Aug. 14, 2012) is now available.

Court Can Hear Clergyman's Claim For Unpaid Salary Due

In Crymes v. Grace Hope Presbyterian Church, Inc., (KY App., Aug. 10, 2012), a Kentucky state appeals court held that the 1st Amendment does not prevent a court from hearing a suit for unpaid salary and benefits brought by a Presbyterian pastor who was fired from his position.  The court said:

It is undisputed that Crymes is not contesting Grace Hope's termination of him as pastor. Rather, Crymes is merely seeking compensation for unpaid salary and benefits allegedly owed to him for work performed prior to his termination.... A claim for unpaid wages and benefits for work previously performed under an employment contract is not ecclesiastical and is reviewable by the court.

First Amendment Center reports on the decision.

Passenger Sues El Al After Orthodox Jewish Man Takes Her Seat To Avoid Sitting Next To A Woman

A Florida woman is suing Israel's El Al airlines, apparently in an Israeli court, for gender discrimination after a flight steward on her flight to Israel moved her to a less desirable seat further back in the plane.  As reported by Israel Hayom, Digital Journal and Arutz Sheva, Debra Ryder boarded a flight in New York and found that her assigned seat was already occupied by an ultra-Orthodox Jewish man who had moved to it to avoid sitting beside a woman passenger who was next to him in his original seat.  The man refused to move back, and a crew member asked Ryder to instead take the man's assigned seat so the flight could take off.  Ryder had chosen her original seat so she could be near a rest room to facilitate her taking medications. The seat change also resulted in her not getting the vegetarian meal she had pre-ordered. Ryder is asking for NIS 50,000 ($12,500 US) in damages .