Recent Prisoner Free Exercise Cases

In Finney v. Marshall, 2012 U.S. Dist. LEXIS 167765 (ED TX, Nov. 27, 2012), a Texas federal magistrate judge dismissed as frivolous a complaint by a Mormon inmate that he was not allowed to take Sundays off from his job in the prison kitchen.

In Allen v. Hense, 2012 U.S. Dist. LEXIS 168217 (ED CA, Nov. 26, 2012), a California federal magistrate judge dismissed a Muslim inmate's complaint that on one day during his Administrative Segregation Unit confinement he was served the regular breakfast and sack lunch instead of his religious vegetarian meal.

In Heggem v. Holmes, 2012 U.S. Dist. LEXIS 168935 (WD WA, Nov. 27, 2012), a Washington federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 168936, Oct. 4, 2012) and dismissed an inmate's claims that the revocation of her alternative drug offender sentence involved retaliation because of her religious beliefs. Prior litigation had already rejected the same contentions.

In Lapine v. Vilgos, 2012 U.S. Dist. LEXIS 170011 (WD MI, Nov. 27, 2012), a Michigan federal district court rejected free exercise retaliation and equal protection claims by a Native American inmate who had a disciplinary misconduct charge for threatening behavior filed against him after he disrupted religious services because he was upset over new limits on the smudging ceremony.

In Goodson v. Clark, 2012 U.S. Dist. LEXIS 169906 (WD VA, Nov. 29, 2012), a Virginia federal district court dismissed an inmate's complaint that defendants told him that Satanism is not a religion recognized by the Department of Corrections and refused to allow him to order a Goat Head Star Amulet.

In Wall v. Wade, 2012 U.S. Dist. LEXIS 170537 (WD VA, Nov. 30, 2012), a Virginia federal district court dismissed an inmate's complaint that his rights were violated when he (along with 183 others) was removed from the Ramadan participation list for not having Islamic materials to demonstrate his religious sincerity.

In Cloyd v. Dulin, 2012 U.S. Dist. LEXIS 170100 (MD TN, Nov. 30, 2012), a Tennessee federal district court rejected a Muslim inmate's complaint that the prison's halal diet did not include real meat.

In Galdones v. Department of Public Safety, 2012 U.S. Dist. LEXIS 169824 (D HI, Nov. 29, 2012), an Hawaii federal district court dismissed without prejudice various claims by an inmate of interference with his practice of his Native Hawaiian religion and related retaliation and due process claims.

In Goodman v. Ramey, 2012 U.S. Dist. LEXIS 169264 (SD WV, Nov. 29, 2012), a West Virginia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 170527, May 17, 2012) and rejected an inmate's claim that his free exercise rights were violated when was disciplined for accepting a money order from the parents of another inmate who sent the money to thank him for being a "Christian brother" to their son.

Court Upholds Indiana's Marriage Solemnization Statute Over Objections of Secular Celebrant

In Center for Inquiry v. Clerk, Marion Circuit Court, (SD IN, Nov. 30, 2012), an Indiana federal district court rejected constitutional challenges to Indiana's marriage solemnization statute (IN Code 31-11-6-1).  Under the statute, clergy can obtain a license to solemnize marriages, but those certified as "Secular Celebrants" by the non-religious Center for Inquiry cannot.  The court said in part:

We conclude that the Solemnization Statute is rationally related to the legitimate purpose of alleviating significant governmental interference with pre-existing religious beliefs about marriage. Additionally, the statute bears a  rational relation to the equally reasonable purpose of allowing the government to assume responsibility for the marriage regulation function without ostracizing its religious constituents. For these and all of the reasons explicated above, we find that Plaintiffs' First Amendment claim-whether grounded in Free Exercise Clause or Establishment Clause jurisprudence-does not succeed on the merits.

The court likewise rejected plaintiffs' equal protection claim. In reaching its conclusions, the court pointed out:

there are several readily available avenues by which a Secular Celebrant may facilitate a marriage ceremony in Indiana: she may (1) preside at a wedding and then instruct the couple to go before one of the individuals listed in the Solemnization Statute to have the marriage solemnized; (2) become a member of the "clergy" by seeking immediate Internet ordination from the Universal Life Church; or (3) seek certification to solemnize marriages from the Humanist Society.

Federal Court Refuses To Order Trailer of "Innocence of Muslims" Taken Down From YouTube

As reported by AP, a federal court in Los Angeles on Friday refused to grant a preliminary injunction to actress Cindy Lee Garcia who appears in the controversial film "Innocence of Muslims" and wants the trailer for the film removed from YouTube.  Garcia claims she was deceived about the film's subject matter and that her voice was dubbed over after filming. Her federal lawsuit alleges copyright infringement.  In Garcia v. Nakoula, (CD CA, Nov. 30, 2012), the court held that even if Garcia owns a copyright in her performance in the film, she necessarily "granted the Film’s author a license to distribute her performance as a contribution incorporated into the indivisible whole of the Film."

Oregon High Court Rules That Parent Church Owns Property of Breakaway Presbyterian Congregation

In Hope Presbyterian Church or Rogue River v. Presbyterian Church (U.S.A.), (OR Sup. Ct., Nov. 29, 2012), the Oregon Supreme Court held that the property of a break-away Presbyterian congregation belongs to PCUSA, the national church body.  The court concluded that it would use the "neutral principles" approach in determining the rights of the parties. Applying that approach, the court found that "Hope Presbyterian held its property in trust for the benefit of PCUSA."

Text Of Egypt's Proposed Constitution-- Provisions On Religion

The full text of Egypt's proposed new Constitution became available today in English from Egypt Independent. BBC News has also published a side-by-side comparison of key provisions in the new constitution and those in the now-suspended 1971 Constitution. Here are some of the provisions in the new draft Constitution relating to religion and religious liberty:

Article 1
. The Arab Republic of Egypt is an independent sovereign state, united and indivisible, its system democratic.
The Egyptian people are part of the Arab and Islamic nations, proud of belonging to the Nile Valley and Africa and of its Asian reach, a positive participant in human civilization.



Article 2. Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.



Article 3
. The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.



Article 4
. Al-Azhar is an encompassing independent Islamic institution, with exclusive autonomy over its own affairs, responsible for preaching Islam, theology and the Arabic language in Egypt and the world. Al-Azhar Senior Scholars are to be consulted in matters pertaining to Islamic law.


The post of Al-Azhar Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Senior Scholars is to be determined by law.

The State shall ensure sufficient funds for Al-Azhar to achieve its objectives.


All of the above is subject to law regulations.

...

Article 6.... No political party shall be formed that discriminates on the basis of gender, origin or religion.

...

Article 10. The family is the basis of the society and is founded on religion, morality and patriotism.


The State is keen to preserve the genuine character of the Egyptian family, its cohesion and stability, and to protect its moral values, all as regulated by law.....

Article 11. The State shall safeguard ethics, public morality and public order, and foster a high level of education and of religious and patriotic values, scientific thinking, Arab culture, and the historical and cultural heritage of the people; all as shall be regulated by law.

...

Article 43. Freedom of belief is an inviolable right.

The State shall guarantee the freedom to practice religious rites and to establish places of worship for the divine religions, as regulated by law.

Article 44. Insult or abuse of all religious messengers and prophets shall be prohibited....

Article 60.... Religious education and national history are core subjects of pre-university education in all its forms....

UPDATE: Another provision of interest is Article 219: "The principles of Islamic Sharia include general evidence, foundational rules, rules of jurisprudence, and credible sources accepted in Sunni doctrines and by the larger community."

Court Dismisses Challenge To City's Ban On Unattended Park Displays; Critics Plan Live Nativity Scene Instead

After denying a preliminary injunction earlier this month (see prior posting), a California federal district court this week in Santa Monica Nativity Scenes Committee v. City of Santa Monica, (CD CA, Nov. 29 2012) dismissed 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. The court rejected plaintiff's contention that the City’s ordinance banning all unattended displays in Palisades Park violates the 1st Amendment's Free Speech and Establishment Clauses. Christian Post reported yesterday that a coalition of Christian groups plans to hold a Live Nativity Display in Palisades Park on Dec. 8. This is permissible since the city's ordinance bars only unattended displays.

British "Free Schools" Must Teach Evolution In Science Classes

In Britain, Free Schools are alternative state-funded schools set up in response to local demands. The first Free Schools opened in 2011. In January of this year, Britain's Department for Education revised its funding agreement for Free Schools to prevent the teaching of creationism in science classes, allowing it to be taught only in religious education classes. (The Guardian). Now, after pressure by the Royal Society as well as secular and humanist groups, the Department for Education has taken the next step.  Free Schools also may not omit evolution from their science curriculum. Instead, according to Thursday's Guardian, a new clause has now been placed in funding agreements with Free Schools requiring them to "make provision for the teaching of evolution as a comprehensive, coherent and extensively evidenced theory." The Department for Education has approved three Free Schools run by groups with creationist views, though only one of these schools has opened so far. [Thanks to Scott Mange for the lead.]

Egypt's Constituent Assembly Hurriedly Adopts New Constitution

Egypt's constituent assembly hurriedly completed its work on a new constitution yesterday. (Reuters). President Morsi has said that his controversial decrees that have sparked over a week of protest will end when the people vote on the constitution. CTV News reports that the new constitution, which contains over 230 articles, was adopted by an Islamist dominated body: "Of the 85 members in attendance, there was not a single Christian and only four women, all Islamists." Reuters describes the new draft as leaving the status of Islam unchanged, in that it keeps a provision making the principles of Islamic law the main source of legislation.  However it adds a new provision that the Sunni center of learning, Al-Azhar, must be consulted on "matters related to the Islamic sharia." Human Rights Watch offers this evaluation of the new document:

Article 43 on freedom of religion limits the right to practice religion and to establish places of worship to Muslims, Christians, and Jews. Previous drafts had provided for a general right to practice religion but limited the establishment of places of worship to adherents of these three Abrahamic religions. Article 43 discriminates against and excludes followers of other religions, including Egyptian Bahais. Under former President Hosni Mubarak, security forces would frequently arrest religious minorities including Shia, Ahmadis, Bahais, and Quranists because of their beliefs....

One positive development is that the final draft no longer includes what had been article 68 in earlier drafts on women’s rights, which stipulated that equality for women would be subject to conformity with rulings of Islamic law, a provision strongly promoted by Salafi members of the assembly. However, the draft no longer lists “sex” as one of the grounds for prohibiting discrimination, as no grounds are named. Article 30 now states that, “Citizens are equal before the law and equal in rights and obligations without discrimination,” without specifying whom this provision covers.

First Lady Conducts Preview Of White House Christmas Decorations

According to the White House website, on Wednesday First Lady Michelle Obama held a press preview of this year's White House Christmas holiday decorations. This year's theme is "Joy to All."  The White House features 54 decorated trees. Two rooms pay tribute to the sacrifices of the Armed Forces and their families. Children of military families attended the press preview. The 18-foot tall official White House Christmas tree in the Blue Room is trimmed with ornaments made by military children living on bases around the world.

Christian Proselytizers May Add Arab-American Chamber of Commerce As Sec. 1983 Defendant

In Acts 17 Apologetics v. City of Dearborn, (ED MI, Nov. 27, 2012), a Michigan federal district court ruled that the Arab-American Chamber of Commerce (AACC) may be added as a defendant in a 42 USC Section 1983 civil rights action brought against the city of Dearborn, its mayor and police officials by a Christian group whose purpose is to evangelize Muslims.  Members of the group, Acts 17 Apologetics, were acquitted on breach of the peace charges that had been filed against them for proselytizing at the Arab International Festival. (See prior posting.)  The Christian group then sued, alleging, among other things, a civil conspiracy to violate their 1st, 4th and 14th Amendment rights.  In allowing plaintiffs to file an amended complaint to add AACC as a defendant, the court held that a private party such as AACC could be found to be a state actor if it was jointly engaged with state officials in an action taken by the officials. American Freedom Law Center issued a press release announcing the decision.

Russian Court Says Pussy Riot Video Is Extremist and Must Be Removed From Websites

In Russia yesterday, the Zamoskvoretsky District Court in Moscow court ruled that four Internet videos of the punk rock group Pussy Riot are "extremist" and must be removed from a list of websites to which they have been uploaded. The best known of the videos is a montage of the group performing a prayer in punk rock form in Moscow's Christ the Savior Cathedral. The lyrics ask the Virgin Mary to "chase Putin out." (See prior posting.) Judge Marina Musimovich said the videos include "words and actions which humiliate various social groups based on their religion."  Financial Times and BBC News report on the decision. RAPSI has a transcript of the live blogging from the trial (Part 1, Part 2). An appeal of the decision may be filed within one month, however since the court has refused to permit the one Pussy Riot member who is not in jail to intervene as a party to the proceedings in this case, apparently she may not file an appeal. The only parties were the prosecutor and Russia's justice ministry.

Rev. Schuller Gets Only Limited Amounts In Crystal Cathedral Bankruptcy

In In re Crystal Cathedral Ministries, (CD CA Bkrpt., Nov. 26, 2012), a California federal bankruptcy court ruled on multi-million dollar claims against Crystal Cathedral by its former leader Rev. Robert H. Schuller and his wife Arvella Schuller. As reported by the Orange County Register, the court, in the Chapter 11 reorganization, allowed claims of $615,625 by Schuller for unpaid compensation, housing allowances and health care premiums.  The court allowed none of the claims by Schuller's wife.  The court disallowed Schuller's copyright infringement claims, finding, among other things, that Schuller's Hour of Power television program was a work for hire owned by Crystal Cathedral which was Schuller's employer. Claims by Schuller's daughter and son-in-law totaling $77,615 were also allowed. (See prior related posting.)

Group Has Standing To Sue Over Jesus Statue On Forest Service Land

In Freedom From Religion Foundation, Inc. v. Weber, (D MT, Nov. 27, 2012), a Montana federal district court held that an advocacy organization has standing to bring an Establishment Clause challenge to the decision by the U.S. Forest Service to allow the continued presence of a statue of Jesus on National Forest Service land within Whitefish Mountain Resort. (See prior posting.) The court found standing because one of FFRF's members had standing to sue in his own right.  The court rejected defendants' motion to dismiss after FFRF filed an affidavit from one of its members who lives 15 miles from the statue who said he is a frequent skier at the resort; he has skied past the statue many times previously and intends to again this winter; and he is a non-believer who considers the statue religious in nature and offensive. AP reports on the decision.

Divided 8th Circuit Panel Issues Stay Pending Appeal In Contraceptive Mandate Case

The U.S. 8th Circuit Court of Appeals yesterday, by a 2-1 vote, issued a stay pending appeal in O'Brien v. Department of Health and Human Services. (Full text of order.)  In the case, a Missouri federal district court rejected a series of challenges to the contraceptive coverage mandate of the Affordable Care Act brought by a small business organized as a limited liability company and by its sole owner who is Catholic. (See prior posting.) American Center for Law and Justice issued a press release applauding the 8th Circuit's action.

Texas Seeks To Seize FLDS Church's Compound

Texas Attorney General Greg Abbott announced yesterday that his office has initiated legal proceedings in state court to seize as contraband the 1600-acre YFZ Ranch in west Texas that has functioned as a compound for the polygamous FLDS Church. According to Abbott, "the YFZ Ranch was purchased on the orders of Warren Jeffs, who sought a rural location where the FLDS could operate a polygamist compound where the systemic sexual assault of children would be tolerated without interference from law enforcement authorities." In 2008, a high profile raid on the ranch led to the removal of 415 children by the Texas Department of Family and Protective Services. (See prior posting.)  According to the Search and Seizure Warrant and the Affidavit supporting the warrant filed in state district court, the property "has been used in the commission of Texas Penal Code offenses of first and second degree felonies, including Sexual Assault, Bigamy, Money Laundering and Engaging in Organized Criminal Activity." AP reports on developments.

Egypt Convicts 8 Connected With "Innocence of Muslims" In Abstentia For Capital Crimes

In what may be largely a symbolic move, yesterday a court in Egypt convicted and sentenced to death in abstentia 8 individuals who are connected with the controversial film "Innocence of Muslims."  AP and NBC report on the convictions for "intentionally committing acts to harm the unity of the country and peace of its land;" "calling to divide the country into small states on a sectarian basis and harming national unity;" and "using religion to promote extremist ideas resulting in religious division and disrespect [of] heavenly religion."   The best known of those convicted are the film's producer Mark Basseley Youssef (also known as Eli Basily), and anti-Muslim Florida pastor Terry Jones. Also convicted were 6 other Coptic Christians-- two of whom work in the U.S. for the Coptic group Sadek that calls for an independent Coptic state; a priest who hosts TV programs from the U.S.; a lawyer living in Canada who has previously sued the Egyptian government over riots in 2000 that left 21 Christians dead; and a woman who converted to Christianity and is a critic of Islam.

Decisions involving capital punishment must be reviewed by the country's chief religious authority.  Also, defendants convicted in abstentia of a capital crime would be automatically entitled to an appeal, and thus a retrial, if they were to return to Egypt. Maximum sentences are common in Egypt in cases tried in abstentia.

Suit Challenges Village's Policy That Excludes Religious Programs In Community Rooms

Liberty Counsel, a Christian educational and advocacy group, announced yesterday that it has filed suit in an Illinois federal district court challenging Plainfield, Illinois' policy regarding use of its Community Rooms by outside groups.  The Policy (full text), while permitting a wide variety of meetings, programs and activities, excludes use of the rooms for a dozen specific types of activities including use for "Religious services or other religious purposes."  The complaint (full text) in Liberty Counsel, Inc. v. Village of Plainfield, Illinois, (ND IL, filed 11/28/2012), says that Liberty Counsel wishes to use a community room to present an educational program promoting a Christian view of the founding of America, but is precluded from doing so under the village's policy.  The group claims that this violates provisions of the 1st and 14th Amendments, as well as the Illinois Religious Freedom Restoration Act.

Challenge To Contraceptive Coverage Mandate By Pittsburgh Diocese Dismissed On Ripeness and Standing Grounds

In Zubik v. Sebelius, (WD PA, Nov. 27, 2012), a Pennsylvania federal district court dismissed on ripeness and standing grounds a challenge by the the Catholic Diocese of Pittsburgh, Catholic Charities of Pittsburgh and Catholic Cemeteries Association of Pittsburgh to the contraceptive coverage mandate issued under the Affordable Care Act. The court concluded that:

the safe harbor provisions of the regulation itself protects all of the Plaintiffs from any potential enforcement action until at least January 1, 2014.  Further, the health care plan offered by the Diocese, as well as three of the four health care plans offered by Catholic Cemeteries, share additional protection under the regulations insofar as they are each grandfathered under the ACA.... Defendants have committed to amending the preventive services coverage regulations well before January 2014 to accommodate the religious objections of organizations such as Plaintiffs.

Trib Total Media reports on the decision.

UPDATE: On Jan. 23, plaintiffs filed an appeal with the 3rd Circuit. (TribLive).

Suit Claims "Conversion Therapy" For Gays Violates State Consumer Fraud Act

The Southern Poverty Law Center announced yesterday that it has filed a first-of-its-kind lawsuit in state court in New Jersey on behalf of 6 plaintiffs seeking equitable relief and damages for fraud against an organization that offers "conversion therapy" to gay men.  Defendant is JONAH, Jews Offering New Alternatives for Healing.  The complaint (full text) in Ferguson v. JONAH, (NJ Super Ct., filed 11/27/2012) alleges various violations of New Jersey's Consumer Fraud Act. The Daily Beast reports in depth on the lawsuit.

Poland's Constitutional Court Bars Kosher and Halal Slaughter, But Decision Is Pre-empted By New EU Regulation

AP reports that Poland's Constitutional Tribunal yesterday held that Jewish and Muslim ritual slaughter of animals without first stunning them violates Poland's animal protection laws, and that the agriculture minister unconstitutionally exceeded his powers when he issued regulations in 2004 permitting kosher and halal slaughter.  AFP reports, however, that the ruling is largely symbolic because on January 1, 2013, European Union Council Regulation No. 1099/2009 creating uniform EU rules on animal slaughter goes into effect. That Regulation permits ritual slaughter without stunning so long as the slaughter takes place in a slaughter house.  January 1 is the same date on which the Polish court's ruling takes effect, so-- according to Poland's Agriculture Minister-- it will be immediately overriden by the EU rules. Animal rights activists say it is possible for Poland to request and exception from the regulation.  Poland is a leading exporter of kosher and halal meat to other European countries, last year exporting $259 million worth.