Zimbabwe Supreme Court Orders Break-Away Anglican Bishop To Return Church Properties

AP reports that Zimbabwe's Supreme Court on Monday ruled that Anglican Church property in the country must be returned by break-away Bishop Nolbert Kunonga to the Anglican Province of Central Africa.  Kunonga was excommunicated in 2007 for inciting violence in sermons supporting President Robert Mugabe's ZANU-PF Party.  Kunoga formed a new diocese and took over the Cathedral in Harare and other church property with the help of police. Kunoga says he left the Anglican Church because of its position on gay marriage. According to the Financial Gazette, the Anglican Province is undertaking an audit of returned properties to determine damage and missing items.

In Recently Released Opinion, Court Dismisses Damage Claim Against Proponents of Ground Zero Mosque

In Forras v. Rauf, (NY County Sup. Ct., Sept. 26, 2012) (a decision that was not made available until Nov. 20), a New York trial court dismissed plaintiff's suit to recover damages against defendant who proposed to construct a mosque and Islamic cultural center near Ground Zero in New York City.  Plaintiff, who leased nearby office space also used as a part-time residence, alleged nuisance, negligent infliction of emotional distress and assault. He claimed he suffered increased anxiety and fear due to Islamic rituals in one room  inside the building. The court found that many of the alleged injuries were the result of the attack on 9-11 and not because of the proposed mosque construction.

TRO Issued To Uphold Student's Religious Objections To Wearing ID Badge With RFID Chip

The Rutherford Institute announced Wednesday that it has obtained a temporary restraining order in a suit filed in state court in Bexar County, Texas on behalf of high school student Andrea Hernandez. Plaintiff objects for religious reasons to wearing a Smart ID badge that is implanted with an RFID chip as part of the school's Student Locator Project. The complaint (full text) in Hernandez v. Northside Independent School District, says that plaintiff objects on the basis of scriptures in the book of Revelation that "an individual's acceptance of a certain code, identified with his or her person, as a pass conferring certain privileges from a secular ruling authority, is a form of idolatry or  submission to a false god." Plaintiff also refused the school's proposed accommodation under which the RFID chip would be removed, but plaintiff would still wear the ID badge around her neck as a symbol of her participation in the school's project. The suit claims that the school is violating plaintiff's rights under the Texas Religious Freedom Act. It also alleges that plaintiff's free speech rights were infringed when school officials refused to allow her to distribute petitions and fliers at school criticizing the Program. [Thanks to Mark Scarberry via Religionlaw for the lead.]

Germany's Federal Labor Court Rules On Church Employees' Right To Strike

Reuters yesterday reported that Germany's Federal Labor Court has handed down a decision which has both sides claiming victory on the question of whether employees of church organizations have the right to strike. Together, Catholic and Protestant schools, hospitals and social service agencies employ 1.3 million people in Germany.  Historically, the church groups, relying on the provision in the German constitution that guarantees them the right to manage their own internal affairs, have barred strikes in favor of mediation in labor disputes.  However, Germany's service sector union says that church organizations have undercut wages in recent years by outsourcing many jobs. The Labor Court concluded that: "Limiting the churches' right to self-determination by a strike is not illegal in all cases."  However, it also said that strikes "severely limit social ministries and damage the credibility of the church."  It said churches should allow unions more rights in the mediation process if they want to avoid strikes. According to Deutsche Welle, both sides say they will appeal the Federal Labor Court's ruling to the Federal Constitutional Court. Meanwhile a case from Romania under consideration by the European Court of Human Rights may resolve the issue of whether churches can prohibit strikes or unionization.

Fort Worth Diocese Settles Sex Abuse Lawsuit

The Fort Worth (TX) Catholic diocese on Tuesday settled a lawsuit brought against it by a man who was sexually abused by a priest between 1982 and 1987, beginning when plaintiff was 16 years old.  The Fort Worth Star Telegram reports that under the settlement, accused priest Rev. William Paiz will not work  in a position that puts him in contact with children or young adults and Paiz will not be allowed to present himself as a priest. He will be supervised by Claretian Order officials. Also the diocese must publicly acknowledge that  plaintiff's allegations are credible,

Opus Dei Sues Game Maker In Denmark For Trademark Infringement

AP reported yesterday that in Denmark, the Catholic organization Opus Dei is suing the Danish company Dema Games for trademark infringement.  The company is selling a philosophy-themed strategy-based card game called "Opus Dei. Existence After Religion." The lawsuit demands damages equivalent to $51,500 (US), cancellation of the company's trademark registration for the game,and closure of the company's website where the game is for sale. Dema Games says that no one can claim exclusive rights to religious concepts.

Obama Issues Presidential Proclamation For Thanksgiving Day

President Obama this week issued the official Presidential Proclamation-- Thanksgiving Day, 2012 setting today as a National Day of Thanksgiving. The proclamation reads in part:

When President George Washington marked our democracy's first Thanksgiving, he prayed to our Creator for peace, union, and plenty through the trials that would surely come. And when our Nation was torn by bitterness and civil war, President Abraham Lincoln reminded us that we were, at heart, one Nation, sharing a bond as Americans that could bend but would not break....

On Thanksgiving Day, individuals from all walks of life come together to celebrate this most American tradition, grateful for the blessings of family, community, and country. Let us spend this day by lifting up those we love, mindful of the grace bestowed upon us by God and by all who have made our lives richer with their presence.

Water Tower Cross Eliminated By Town After Complaint

As reported yesterday by the Bolingbrook Patch, the Chicago (IL) suburb of Alsip this year will not display a cross that it has put up for nearly 35 years at Christmas time on the city's water tower. A letter to residents from the town's mayor says that a complaint by the Freedom From Religion Foundation led to the decision, because "the Village cannot afford to waste any tax dollars on a lawsuit that simply cannot be won."  The mayor says that in future years, a different holiday decoration will be placed on the water tower.

Good News Clubs Challenge California's Requirement That Schools Charge For Space Used For Religious Services

The Good News Clubs filed suit in federal district court on Monday challenging the constitutionality of California Education Code Secs. 38131(b)(3) and 38134(d) which together require schools to charge an amount at least equal to direct costs for use of school space for religious services, but make charging of fees discretionary when school space is used by other civic groups.  The complaint (full text) in Child Evangelism Fellowship, Inc. of West Orange County v. Buena Park School District, (CD CA, filed 11/19. 2012), alleges that the school district's regulations that allow use without charge of school space by nonprofit organizations organized to promote youth and school activities, but not to the after-school religious activities of Good News Clubs amounts to unconstitutional viewpoint discrimination, as well as infringing free exercise, equal protection and establishment clause rights. The American Center for Law and Justice issued a press release announcing the filing of the lawsuit.

Church's RLUIPA Suit Dismissed On Ripeness Grounds, Avoiding Decision On Prudential Standing

In Cassidy v. City of Brewer, (D ME, Nov. 19, 2012), a Maine federal district court dismissed on ripeness grounds a RLUIPA religious discrimination claim because plaintiff did not appeal the decision of the city's code enforcement officer to the zoning board of appeals. As reported by the Bangor Daily News, Rock Church had wanted to expand in rented space in a shopping center, but the code enforcement officer held that the expansion would lose the church's status as a nonconforming use.  The court held that it did not need to decide whether the church's landlord as a RLUIPA plaintiff must meet prudential standing requirements as well as Article III standing requirements, saying:

If he must, then the Magistrate Judge is certainly correct that this commercial landlord plaintiff, who is not a religious institution and whose church tenant has abandoned his lease, does not meet those requirements in bringing this RLUIPA challenge against the City of Brewer.  But there are cases that read RLUIPA’s language as requiring that a plaintiff meet only the Article III standing requirements and not the additional prudential requirements.

The federal magistrate judge's opinion in the case, dealing at length with the standing issue, is at  2012 U.S. Dist. LEXIS 165723 (Sept. 12, 2012).

Oklahoma High Court Dismisses Challenge To Voucher Program On Standing Grounds

Last March, an Oklahoma state trial court judge struck down Oklahoma's school voucher program for special needs students, finding that the program violates the state Constitution's ban on use of public funds to benefit any sectarian institution. (Constitution, Art. II-5). 38 of the 40 schools eligible to enroll students under the program are Christian schools. (See prior posting.) Now in Independent School District No. 5 of Tulsa County v. Spry, (OK Sup. Ct., Nov. 20, 2012), in a 7-2 decision, the Oklahoma Supreme Court reversed that decision on standing grounds. It held that the school districts which were plaintiffs in the lawsuit lack standing because they are not taxpayers who have a right to challenge the program, nor are the funds involved taxes from taxpayers in the districts' county revenue streams that a county assessor is improperly reducing or disposing of. Becket Fund issued a press release announcing the state Supreme Court's decision.

First Hindu Member of U.S. House Will Be Sworn In On Bhagavad Gita

Yesterday's Huffington Post reports that Tulsi Gabbard, the first Hindu elected to the U.S. Congress, will take her oath of office in January using the Bhagavad Gita, a sacred Hindu text. Gabbard, elected to represent Hawaii's 2nd Congressional district, was born in American Samoa and moved to Hawaii when she was 2 years old. Her father, a Samoan, was Catholic, while her mother was a convert to Hinduism. Gabbard follows the Vaishnava branch of Hinduism.  She served in the Hawaii state senate, and as a national guard member served in Kuwait and Iraq.  She takes the Congressional seat of Mazie Hirono, a Buddhist, who was elected to the U.S. Senate as its first Buddhist member.

Religious Composition of 113th Congress Compiled

Pew Forum last week released an analysis of the religious makeup of the new 113th Congress. Protestants hold 56% of the seats in Congress. Among Protestant groups, Baptists hold the largest number of seats-- 74 in all.  Catholics hold 30% of the seats, holding 5 seats more than in the last Congress.  6% of the members of the new Congress are Jewish, a loss of 7 seats from the 112th Congress.  Mormons hold almost 3% of the seats.  Reflecting increased diversity, the new Congress includes 3 Buddhists (including 1 for the first time in the Senate), 2 Muslims and, for the first time, a Hindu member. Opposing Views has further commentary on the data.

Court Denies Hobby Lobby and Its Owners A Preliminary Injunction Against Contraceptive Coverage Mandate

Another decision in the many challenges to the contraceptive coverage mandate under the Affordable Care Act was handed down yesterday. In Hobby Lobby Stores, Inc. v. Sebelius, (WD OK, Nov. 19, 2012), an Oklahoma federal district court denied a preliminary injunction, rejecting both 1st Amendment and Religious Freedom Restoration Act claims by Hobby Lobby Stores, Inc., Mardel, Inc. and the Green family that owns and operates the closely held businesses. Plaintiffs asserted that their free exercise rights are infringed by requiring the companies' employee health insurance policies to cover contraceptive methods that they believe amount to abortion. The court held that secular, for-profit corporations do not have a constitutional right to the free exercise of religion. As to claims by the individual owners of the companies, the court found that the free exercise claims are not likely to succeed because the mandate is a neutral requirement of general applicability, and therefore need only meet the rational basis test.

Moving to the RFRA claim, the court concluded that business corporations are also not covered by its protections:

General business corporations do not, separate and apart from the actions or belief systems of their individual owners or employees, exercise religion.  They do not pray, worship, observe sacraments or take other religiously-motivated actions separate and apart from the intention and direction of their individual actors.  Religious exercise is, by its nature, one of those “purely personal” matters ... which is not the province of a general business corporation.

Finally the court concluded that the mandate does not impose a "substantial burden" on the free exercise rights of the individual owners of the business corporations:

[E]ven assuming, as appears to be the case with plaintiffs, that they object as a matter of religious faith to any act supporting or facilitating abortion, no matter how indirect, that does not end the issue. RFRA’s provisions do not apply to any burden on religious exercise, but rather to a “substantial” burden on that exercise.... [T]he particular “burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by health care providers and patients covered by [Hobby Lobby’s] plan, subsidize someone else’s participation in an activity that is condemned by plaintiff’s religion.”...  Such an indirect and attenuated relationship appears unlikely to establish the necessary “substantial burden.”...

UPDATE: A Becket Fund press release says that Hobby Lobby will appeal the decision.

UPDATE2: Plaintiffs on Nov. 20 filed with the 10th Circuit Court of Appeals a motion for an injunction pending appeal and a memorandum in support of the motion. (Full text).

Pakistan Court Drops Trumped-Up Blasphemy Charges Against Christian Girl

The Guardian reports that in Pakistan this week, the Islamabad high court dismissed blasphemy charges that had been brought against a Christian girl, Rimsha Masih.  The case, in which the girl was charged with burning pages from holy texts, gained heightened international attention after it was claimed that a local mullah had planted charred pages from a Qur'an in the papers that Masih was carrying in order to strengthen the case against her. Police in the case testified that there was no evidence against Masih who was released on bail in September. (See prior posting.)

UPDATE: The full text of the court's order quashing the charges is now available.

Cert. Filed In Challenge To State Findings On Reliance on God

A petition for certiorari (full text) was filed last week with the U.S. Supreme Court in American Atheists, Inc. v. Kentucky Office of Homeland Security, (cert. filed 11/13/2012). In the case, a Kentucky state appeals court rejected an Establishment Clause challenge to legislative findings in a state Antiterrorism Act about the necessity of reliance on God. (See prior posting.).The Kentucky Supreme Court denied review. Sunday's Louisville Courier-Journal reports on the petition for review.

Court Upholds Santa Monica's Ban On Park Christmas Display

AP reports that a California federal district court yesterday denied a preliminary injunction in Santa Monica Nativity Scenes Committee v. City of Santa Monica, (CD CA, Nov. 19 2012).  The suit involved a challenge to a Santa Moncia (CA) ordinance that prevented a group from continuing the 60-year tradition of erecting a series Christmas story dioramas in Palisades Park during the holiday season. (See prior posting.) In recent years, controversy has surrounded holiday displays in the park after secular groups won substantial space in a neutral lottery for space and put up secular and anti-religious signs. According to AP:

The judge, however, said Santa Monica proved that it banned the displays not to squash religious speech but because they were becoming a drain on city resources, destroying the turf and obstructing ocean views. Churches can set up unattended displays at 12 other parks in the city with a permit and can leaflet, carol and otherwise present the Christmas story in Palisades Park when it is open, she said.

UPDATE: The opinion in Santa Monica Nativity Scenes Committee v. City of Santa Monica, (CD CA, Nov. 19, 2012) is at 2012 U.S. Dist. LEXIS 167525.

Obama Speaks In Burma About Religious Freedom

As part of his trip to Burma (Myanmar), President Obama spoke today at the University of Yangon in Rangoon. (Full text of speech.) His speech included a plea for the country to deal with the ethnic-religious violence faced by the Rohingya Muslim minority, and the persecution of ethnic minority Chin Christians in Kachin state:

And this truth leads me to the third freedom that I want to discuss:  the freedom to worship -- the freedom to worship as you please, and your right to basic human dignity.

This country, like my own country, is blessed with diversity.  Not everybody looks the same.  Not everybody comes from the same region.  Not everybody worships in the same way.  In your cities and towns, there are pagodas and temples, and mosques and churches standing side by side.  Well over a hundred ethnic groups have been a part of your story.  Yet within these borders, we’ve seen some of the world’s longest running insurgencies, which have cost countless lives, and torn families and communities apart, and stood in the way of development.

No process of reform will succeed without national reconciliation.  (Applause.)  You now have a moment of remarkable opportunity to transform cease-fires into lasting settlements, and to pursue peace where conflicts still linger, including in Kachin State.  Those efforts must lead to a more just and lasting peace, including humanitarian access to those in need, and a chance for the displaced to return home.

Today, we look at the recent violence in Rakhine State that has caused so much suffering, and we see the danger of continued tensions there.  For too long, the people of this state, including ethnic Rakhine, have faced crushing poverty and persecution.  But there is no excuse for violence against innocent people.  And the Rohingya hold themselves -- hold within themselves the same dignity as you do, and I do.

National reconciliation will take time, but for the sake of our common humanity, and for the sake of this country’s future, it is necessary to stop incitement and to stop violence.  And I welcome the government’s commitment to address the issues of injustice and accountability, and humanitarian access and citizenship.  That’s a vision that the world will support as you move forward.

(See prior related posting.)

Church With Police Hosts Operation Safe Surrender

AP reports that last week, Greater Friendship Baptist Church in Daytona Beach, Florida for the third time hosted Operation Safe Surrender in cooperation with law enforcement authorities.  The program allows those wanted by the police to surrender at the church, get an initial hearing there by closed-circuit TV with public defenders available, and for non-violent defenders get possible reduced or dismissed charges.  Clergy were also available for spiritual counseling.

Stanford Offers Religious Liberty Clinic

First Things reports that next semester Stanford Law School will become the first law school to offer students participation in a clinic that focuses on religious liberty. The Religious Liberty Clinic director is James Sonne, formerly of Ave Maria Law School.