Suit Challenges 10 Commandments Monument Outside High School

The Freedom From Religion Foundation announced yesterday that it (along with two students and their parents) has filed a federal lawsuit challenging the constitutionality of a 6-foot tall Ten Commandments monument that has been displayed for decades in front of New Kensington, Pennsylvania's Valley High School.  The monument is one of the many around the country that were donated by the Fraternal Order of Eagles.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. New Kensington-Arnold School District, (WD PA, filed 9/14/2012) claims that the display lacks any secular purpose. The Board of Education president, on his Facebook page, has called FFRF's claim "a frivolous lawsuit and request by a radical group."

Virginia Settlement Will Allow Religiously Mandated 1/4-Inch Beards In Prisons

AP reports that the Virginia Department of Corrections this week entered a settlement agreement with Sunni Muslim inmate William Couch who sued seeking to wear a beard for religious reasons. (The case has been up to the 4th Circuit and is now on remand.)  Under the settlement, the prison system will change its rules so that all inmates who wish to grow a beard for religious reasons will be permitted to have facial hair up to 1/4 inch in length. However, the inmate will need to have a second identification photo taken-- one showing him with a beard and one without. The inmate will be charged $2 for taking the photo, an amount that plaintiff's attorney says is too high for inmates who earn only 35 cents per hour for prison work. The new policy requires facial hair, if worn, to cover the entire facial hair area and contain no shapes or designs-- so goatees are prohibited. The prison barber shop will use a 1/4 trimmer on beards to assure compliance with length requirements.

Suit Challenging Gifts To Legion of Christ Dismissed on Standing Grounds, But Judge Says Questions Remain

In Dauray v. Estate of Gabrielle D. Mee, (RI Super. Ct., Sept. 7, 2012), a Rhode Island Superior Court held that Mary Dauray, the niece of devout Catholic Gabrielle D. Mee, lacks standing in the three cases she filed to challenge Mee's extensive gifts to the scandal-ridden conservative Catholic order, Legion of Christ.  In the suits, Dauray claimed that Mee's will was executed under undue influence, fraud and mistake in the inducement; that Mee was fraudulently induced into giving $60 million in gifts during her lifetime to Legion of Christ; and that the Bank involved breached its duties as trustee of multiple trusts. The court went on to hold however that if plaintiff had standing, it would not have dismissed the undue influence, fraud and breach of fiduciary duty claims because genuine issues of material fact remain.  National Catholic Reporter reports on the decision.

NYC Approves Informed Consent Requirement For Controversial Circumcision Procedure; Court Challenge Planned

The New York Times reports that yesterday the 9-member New York City Board of Health voted unanimously to approve a proposed rule that requires informed consent from a parent or guardian in a Jewish ritual circumcision where a mohel will use the controversial procedure known as metzitzah b’peh.  The procedure, whose use is limited to certain Orthodox Jewish ritual circumcisions, involves use of the mohel's mouth-- rather than the more commonly used sterile pipette-- to suction blood from the circumcision site. Parents or guardians will be required to sign a consent that warns of the risks involved in the procedure, including possible passing on of herpes simplex infection. (See prior related posting.) Some Board members thought they should go further and ban the oral suction procedure completely.  According to Jewish Voice, Agudath Israel of America is planning to sue to challenge the newly approved regulation on free exercise and compelled speech grounds. It is seeking a law firm that will bring the suit on a pro bono or reduced fee basis.

NY Scaffold Law Applies To Worker Dismantling Wedding Chuppah

New York's "Scaffold Law," Labor Law, Sec. 240, imposes liability on contractors and owners who fail to provide proper scaffolding, ladders and related equipment to protect workers involved in the erection or demolition of any "building or structure." In McCoy v Kirsch, NY App. Div., Sept. 12, 2012), a New York appellate court held that an elaborate Jewish wedding chuppah (wedding canopy) qualifies as a "structure" so that a catering facility could be liable under Sec, 240 to a florist employee who was injured when an allegedly defective ladder on which he was standing to disassemble the chuppah slipped. The court said:

the chupah consisted of various interconnected pipes 10 feet long and 3 inches wide, secured to steel metal bases supporting an attached fabric canopy. A ladder plus various hand tools were required to assemble and disassemble the chupah's constituent parts in a process that would take an experienced worker more than a few minutes to complete.  The chupah here is more akin to the things and devices which the courts of this state have recognized as structures than to the things and devices that have not been recognized as structures.

This is not to say that every chupah qualifies as a structure under Labor Law § 240(1). Undoubtedly, there are wide variations of chupahs, some involving a series of durable interconnected parts, and others being much more simple and merely decorative in nature. 

JTA reports on the decision.

Egyptian Film Star Wins Reversal of Conviction for Insulting Islam

In Egypt on Wednesday, popular Arab comedian and film star Adel Imam won a reversal of his conviction for insulting Islam.  A trial court had sentenced Imam to 3 months in jail and a fine equivalent to $170 for the roles he played in The Terrorist, and in Terrorism and Kabab. He had also been convicted for his 2007 role in Morgan Ahmed Morgan which included a scene parodying bearded Muslim men wearing traditional Islamic dress. The basis for the reversal of his trial court conviction by the Misdemeanours Court in Haram, Cairo, has been variously reported.  The New York Times says the court found that the conservative Islamist lawyer who had instituted the proceedings was found to lack standing because he had not been personally injured by the movies.  Ahram Online says the appeals court judge had watched the films and concluded that they did not defame Islam.

Mystery Surrounds True Identity of Person Who Produced Anti-Muslim Film That Triggered Demonstrations

Mystery surrounds the anti-Muslim video that was at the center of demonstrations Tuesday at the U.S. embassy in Egypt and the U.S. consulate in Libya (as well as elsewhere since).  As previously reported, a person who said his name was "Sam Bacile" and who identified himself as a California real estate developer and an Israeli Jew claimed to be the producer of the film Innocence of Muslims. Now, however, both CNN and AP report that this is likely a fictional identity. Israel's Foreign Ministry says it has no record of anyone by that name as an Israeli citizen, and searches of public records in the United States turn up nothing for him. Anti-Muslim activist Steve Klein says he was a script consultant for the film. Klein heads an anti-Mulsim group known as Concerned Citizens for the First Amendment.  The Southern Poverty Law Center says Klein is a former Marine and religious-right activist who has helped train paramilitary militias at a California church.  He founded Courageous Christians United which conducts protests outside abortion clinics, Mormon temples and mosques.

Meanwhile, in California, a Coptic Christian, Nakoula Basseley Nakoula, says he was the manager for the company that produced the film. In 2010, Nakoula pleaded guilty to federal bank fraud charges. AP points to evidence that suggests Nakoula could be the person posing as Bacile. And the Washington Post reports on more inconsistencies: the cast and crew of the film claim they were misled about the intent and purpose of the film and were not told about later drastic re-writes of the script. Apparently the permit for producing the film was taken out by California-based Media for Christ. No one appears able to obtain a copy of the full film, leading some to speculate that the full production (as opposed to the 13-minute trailer available online) does not exist.

Missouri Legislature Overrides Veto On Health Care Conscience Provisions; Lawsuit Filed

In a move to oppose the federal mandate on contraception coverage in health insurance policies, the Missouri legislature yesterday voted to override Gov. Jay Nixon's veto of SB 749. The bill permits employers, employees and insurance companies to opt out of providing health insurance coverage for abortion, contraception or sterilization where the procedures are contrary to the person's religious beliefs or moral convictions. Nixon had vetoed the bill (veto message) because it permits insurance companies to deny contraceptive coverage even where employers and their women employees want such coverage.  The vote to override the governor's veto was 26-6 in the state Senate and 109-45 in the House. (Roll call.) The St. Louis Post Dispatch reports that just hours after the override vote, a federal lawsuit challenging the law was filed by the Greater Kansas City Coalition of Labor Union Women and a female firefighter. The suit claims that the law discriminates on the basis of gender and religion, and is contrary to federal law.

UPDATE: According to Missouri Watchdog, the lawsuit challenging the new law was filed in state court in Cole County (MO).

Church Sues Over Permit Denial To Leaflet Outside LDS Temple Open House

The ACLU of Utah announced Tuesday that it had filed a federal lawsuit on behalf of the Main Street Church of Brigham City challenging the constitutionality of Brigham City, Utah's so-called Free Speech Zone Ordinance that requires a permit for the Church to hand out literature on the sidewalks of the city.  The complaint (full text) in Main Street Church of Brigham City v. Brigham City, Utah, (D UT, filed 9/11/2012), alleges that the Church wants to hand out literature on differences between its beliefs and those of the Church of Jesus Christ of Latter Day Saints.  It wants to leaflet and engage in discussions with those receiving their literature during the month-long Open House for the LDS Temple in Brigham City.  It applied for a permit to carry out its activities on the public sidewalks adjacent to the streets on all four sides of the LDS Temple, but the city denied permission to leaflet on the two sidewalks with the heaviest pedestrian traffic. The suit alleges that the ordinance unconstitutionally restricts plaintiff's freedom of expression and assembly as well as its free exercise of religion.

Hobby Lobby Challenges ACA Contraceptive Coverage Mandate On Religious Grounds

Yesterday the Becket Fund announced yet another lawsuit challenging on free exercise grounds the contraception coverage mandate under the Affordable Care Act.  This time the plaintiffs are Hobby Lobby, a privately held chain of hobby supply stores that operates over 500 stores in 41 states with a total of over 13,000 employees, and Mardel, Inc., a chain of 35 bookstores in 7 states that sells Christian themed materials.  Both companies are owned by the Green family who are Evangelical Christians. The complaint (full text) in Hobby Lobby Stores, Inc. v. Sebelius, (WD OK, filed 9/12/2012), sets forth the Green family's religious beliefs opposing furnishing of coverage for "abortion-causing" contraceptive drugs and IUDs, such as Plan B and Ella. They do not object to providing coverage for other contraceptives.  The complaint sets out at length the manner in which the owners' Christian values are reflected in their operation and management of Hobby Lobby. The suit alleges violation of the 1st and 5th Amendments, the Religious Freedom Restoration Act and the Administrative Procedure Act.

Egypt Plans Legal Action Against Makers of Anti-Muslim Film

Reuters reports that Egyptian President Mohamed Mursi has asked the Egyptian embassy in Washington, D.C. to take legal action in the U.S. against the makers of the film Innocence of Muslims. The film was cited as the reason for attacks on the U.S. Embassy in Egypt yesterday.

U.S. Embassy's Initial Statement Criticizing Anti-Muslim Video Leads To Political Controversy

As reported by CBS News, the statement initially issued by the U.S. Embassy in Cairo, Egypt yesterday as demonstrators outside it began to protest an anti-Muslim film made in the United States has created a political controversy.  The Embassy statement read as follows in full:

The Embassy of the United States in Cairo condemns the continuing efforts by misguided individuals to hurt the religious feelings of Muslims – as we condemn efforts to offend believers of all religions. Today, the 11th anniversary of the September 11, 2001 terrorist attacks on the United States, Americans are honoring our patriots and those who serve our nation as the fitting response to the enemies of democracy. Respect for religious beliefs is a cornerstone of American democracy. We firmly reject the actions by those who abuse the universal right of free speech to hurt the religious beliefs of others.

Then, after word also came of attacks on the U.S. Consulate in Libya, but before it was known that U.S. Ambassador J. Christopher Stevens had been killed, Republican nominee Mitt Romney issued the following statement:

I'm outraged by the attacks on American diplomatic missions in Libya and Egypt and by the death of an American consulate worker in Benghazi.

It's disgraceful that the Obama Administration's first response was not to condemn attacks on our diplomatic missions, but to sympathize with those who waged the attacks.

Then, as reported by ABC News, the Obama administration moved to distance itself from the statement issued by the Cairo embassy. An administration official said: "no one in Washington approved that statement before it was released and it doesn’t reflect the views of the U.S. government."

This morning, Mitt Romney renewed his criticism in a statement (full text) delivered in Jacksonville, Florida. He said in part:

We have confidence in our cause in America. We respect our Constitution. We stand for the principles our Constitution protects. We encourage other nations to understand and respect the principles of our Constitution, because we recognize that these principles are the ultimate source of freedom for individuals around the world.

I also believe the administration was wrong to stand by a statement sympathizing with those who had breached our embassy in Egypt, instead of condemning their actions. It’s never too early for the United States government to condemn attacks on Americans and to defend our values.

The White House distanced itself last night from the statement, saying it wasn’t cleared by Washington. That reflects the mixed signals they’re sending to the world.

Then in response to a reporter's question, Romney added:

The president takes responsibility not just for the words that come from his mouth, but also for the words that come from his ambassadors , from his administration, form his embassies, from his state department. They clearly sent mixed messages to the world. The statement that came from the administration — and the embassy is the administration — the statement that came from the administration was a statement which is akin to apology. And I think was a severe miscalculation. They clearly ...sent mixed messages to the world.

 Meanwhile, at the White House today, President Obama released a statement which reads in part:

I strongly condemn the outrageous attack on our diplomatic facility in Benghazi.... While the United States rejects efforts to denigrate the religious beliefs of others, we must all unequivocally oppose the kind of senseless violence that took the lives of these public servants.

California Developer Behind Film That Triggered Attacks In Egypt and Libya

Fox News reports today that Sam Bacile, who wrote and directed the controversial film Innocence of Muslims (YouTube trailer for film) went into hiding Tuesday after the film was blamed in the attacks on the U.S. embassy in Egypt and the U.S. consulate in Libya. (See prior posting.) Bacile said he intended the film to be provocative, describing Islams as "a cancer." Bacile is a California real estate developer who identifies himself as an Israeli Jew. He says he financed the $5 million film with donations from more than 100 Jewish donors.

Israeli Court Rejects Reception Hall Owners' Religious Objections To Same-Sex Marriage

According to Haaretz today, the Jerusalem Magistrate's Court has for the first time under Israeli law held that owners of a reception hall may not refuse on religious grounds to host a same-sex wedding reception. The court awarded damages of 60,000 NIS ($15,196 US) and imposed 20,000 NIS in legal fees and court costs on the owners of the reception hall who are members of a sect of Messianic Jews. A lesbian couple, Tal Ya'akovovich and Yael Biran, booked the hall for a reception, but the owners canceled the reservation when they realized the reception was for a same-sex couple. The owners say that based on verses from the Old and New Testaments, they believe that homosexuality is an "abomination." The court refused to accept the owners' claim that their business has a religious character.  The court said:

Every person who opens a public business in Israel should know that they must serve the whole public equally, without discrimination, according to laws, which cover sexual orientation as well. As soon as the defendants opened their doors to all, they cannot close them for those who they believe do not meet the requirements found in the Bible or New Testament, thereby damaging their dignity and sensitivities.

The court also said:

Rejection, verbal abuse, and humiliation of another based on their sex or sexual orientation constitutes sexual harassment. Sexual harassment does not only include sexual exploitation, but also, and perhaps principally, ridiculing another person for their sex or sexual orientation… and in this case, the plaintiffs were ridiculed because of their sexual orientation

Virginia Grants Over 7,000 Religious Exemptions From Compulsory Education

Code of Virginia § 22.1-254 generally requiring school attendance by children goes on to provide:

A school board shall excuse from attendance at school: 

1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, "bona fide religious training or belief" does not include essentially political, sociological or philosophical views or a merely personal moral code....

Virginia is only one of 4 states that has a specific religious exemption, and is the only state that has no explicit alternative educational requirement for those granted an exemption.  Yesterday's Charlottesville (VA) Daily Progress reports that a study by the Child Advocacy Clinic at the University of Virginia law school found that 7,296 children were granted exemptions under this provision in the 2010-11 school year. This is up from 5,479 in the previous year. While the student's views, as well as those of his or her parents are supposed to be considered by the local school board in granting exemptions, the study found that the schools had contact with the students involved in only 10% of the cases, and in less than 1% had direct contact with the student. Almost 95% of the school boards said they had never denied a request for exemption.

Anti-Muslim Video Cited In Attacks On U.S. Embassies In Egypt and Libya

The U.S. embassy in Egypt and the U.S. consulate in Libya were attacked yesterday, by demonstrators citing the movie "Innocence of Muslims" as the reason. Reuters reports that U.S. ambassador to Libya, Christopher Stevens and 3 staff members were killed in a rocket attack on their car as they were being driven from the consulate building to a safer location..  The New York Times reports these details on the video:

The mobs were set off by Egyptian media reports about a 14-minute trailer for the video, called “Innocence of Muslims,” that was released on the Web. The trailer opens with scenes of Egyptian security forces standing idle as Muslims pillage and burn the homes of Egyptian Christians. Then it cuts to cartoonish scenes depicting the Prophet Muhammad as a child of uncertain parentage, a buffoon, a womanizer, a homosexual, a child molester and a greedy, bloodthirsty thug.

The trailer was uploaded to YouTube by Sam Bacile, whom The Wall Street Journal Web site identified as a 52-year old Israeli-American real estate developer in California. He told the Web site he had raised $5 million from 100 Jewish donors to make the film. “Islam is a cancer,” Mr. Bacile was quoted as saying.

The video gained international attention when a Florida pastor began promoting it along with his own proclamation of Sept. 11 as “International Judge Muhammad Day.”

In a statement on Tuesday, the pastor, Terry Jones of Gainesville, Fla., called the film “an American production, not designed to attack Muslims but to show the destructive ideology of Islam” and said it “further reveals in a satirical fashion the life of Muhammad.”

In a statement (full text) issued yesterday, Secretary of State Hillary Rodham Clinton said in part:

I condemn in the strongest terms the attack on our mission in Benghazi today.... Some have sought to justify this vicious behavior as a response to inflammatory material posted on the Internet. The United States deplores any intentional effort to denigrate the religious beliefs of others. Our commitment to religious tolerance goes back to the very beginning of our nation. But let me be clear: There is never any justification for violent acts of this kind.

6th Circuit: Policeman's Prayer With Defendant Not Cause of Incriminating Statements

In United States v. Wynn, (6th Cir., Sept. 7, 2012), the U.S. 6th Circuit Court of Appeals refused to suppress incriminating statements made by defendant, Kenneth Wynn, who was convicted of firearms possession violations.  Wynn argued that his statements were made after a police officer invited him to pray, that this constituted a custodial interrogation, and he had not received Miranda warnings.  The district court however had found that the incriminating statements were made as an emotional response to Wynn's girlfriend's refusal to speak with him when he was sitting in a police car, not in response to any prayer or statement by the police.

2nd Circuit Affirms Dismissal of Dissident Hasidic Group's Discrimination Claims Against Kiryas Joel

In Kiryas Joel Alliance v. Village of Kiryas Joel, (2d Cir., Sept. 10, 2012), the U.S. 2nd Circuit Court of Appeals affirmed a New York federal district court's dismissal of a lawsuit filed by a dissident faction of the Satmar Hasidic sect living in Village of Kiryas Joel, New York. Plaintiffs reject the authority of the sect's current Grand Rebbe, Aron Teitelbaum, who leads the dominant religious organization in the Village, Congregation Yetev. Plaintiffs claim that because of their refusal to accept the Grand Rebbe, they have been discriminated against in various ways by the Village, which is run by Congregation Yetev members. The court dismissed plaintiffs' claims of discriminatory application of zoning law to them on res judicata grounds. It held that plaintiffs lack standing to assert certain claims of injury to non-parties to the litigation. It rejected plaintiffs' equal protection religious discrimination claims, finding that plaintiffs had not shown that defendants were motivated by religious, as opposed to political, differences. Finally the court also rejected plaintiffs' Establishment Clause and conspiracy claims.

State Court Refuses To Enforce Mahr Agreement In Divorce Action

In Soleimani v. Soleimani, (KA Dist. Ct., Aug. 28, 2012), a divorce action, a Kansas state trial court refused to enforce a mahr agreement-- an Islamic premarital contract-- under which the wife claimed she was entitled her to $677,000 from her husband.  The court said in part:

The parties agreed in the Pretrial Order to the application of Kansas law.  By urging the Court to adopt and interpret a mahr contract that is written in Farsi and dictated by interpretations of Iranian and/or religious law, the Court would be compelled to apply a contract 1) it cannot read and 2) that is contrary to the public policy of Kansas law....

Another cautionary concern in enforcing a mahr agreement is that they stem from jurisdictions that do not separate church and state, and may, in fact, embed discrimination through religious doctrine. This, in turn, creates an obvious tension between the Establishment and Equal Protection Clauses under the federal constitution [and similar state provisions]....

Perpetuating such discrimination under the guise of judicial sensitivity to Establishment Clause prohibitions would, in effect, abdicate the judiciary’s overall constitutional role to protect such fundamental rights.... Even assuming this Court could interpret the contract, it would then be put in the dilemma of fashioning a remedy under a contract that clearly emanates from a legal code that may be antithetical to Kansas law.  

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

Iranian Pastor, Originally Sentenced To Death, Is Released From Custody

According to the London Mail, Iranian Christian pastor Youcef Nadarkhani has been released from prison after extensive pressure from foreign governments.  Last year, Nadarkhani (who was born to Muslim parents) was convicted by a provincial court of apostasy and sentenced to death. On appeal, Iran's Supreme Court upheld the death sentence, but remanded to the lower court for re-examination of  whether Nadarkhani had been a practicing Muslim adult before converting to Christianity. The Supreme Court also said that the death sentence could be overturned if Nadarkhani recanted. However the 34-year-old pastor refused to do so. (See prior posting.)  At a hearing on Saturday, charges against Nadarkhani were reduced to evangelizing Muslims, which carries a 3-year sentence.  He was released from custody for time served. [Thanks to Pew Sitter for the lead.]