Religion Clause

Friday, December 14, 2012

IRS Rules Various Tribal Payments To Shamans Are Not Taxable Income

Last week, the Internal Revenue Service released a proposal for a Revenue Procedure to provide guidance on certain payments by tribal governments to tribe members. Application of the General Welfare Exclusion to Indian Tribal Government Programs That Provide Benefits to Tribal Members (Notice 2012-75) spells out certain payments that need not be included in the individual's gross income for federal income tax purposes. Among excluded items are:

benefits provided under an Indian tribal governmental program that are items of cultural significance (not lavish or extravagant) or nominal cash honoraria provided to medicine men or women, shamans, or similar religious or spiritual officials to recognize their participation in cultural, religious, and social events (for example, pow-wows, rite of passage ceremonies, or funerals, wakes, burials, or other bereavement events).

Also excluded are reimbursements to tribal members for them to attend traditional ceremonies or learn about a Tribe's culture, history and traditions. Also, payments a tribe makes to an Indian medicine man to use traditional practices to treat a tribal member's disease are not included as income by the tribal member receiving the treatment. AP reports on the IRS release.

Claims of 2 Abuse Victims Dismissed In Milwaukee Archdiocese Bankruptcy

In the ongoing Chapter 11 bankruptcy proceedings of the Catholic Archdiocese of Milwaukee, the court yesterday dismissed fraud claims by two sex abuse victims. Numerous claimants argue that the Archdiocese defrauded them by moving abusive priests to new assignments without warning parents of the danger. The Milwaukee Journal-Sentinel reports that in one of the dismissed claims the court held that the 6-year statute of limitations had run. In the other dismissed claim, the court found no fraud because the accused priest had not previously engaged in abuse. The Archdiocese says it will pay only those claims required by law. Abuse victims say it is at least morally wrong to attempt to dismiss large numbers of claimants. The Archdiocese says it should not have to pay where the statute of limitations has run, where abusing priests were not direct employees of the Archdiocese, and where victims have previously negotiated settlements.

Muslim Cabbie Sues Over Commission Dress Code That Bars Religious Clothing

According to yesterday's St. Louis Post Dispatch, Muslim cab driver Raja Awais Naeem has filed a religious discrimination lawsuit in state court against the city of St. Louis, its Metropolitan Taxicab Commission and Whelan Security, a private security company apparently in charge of security at the St. Louis airport. Naeem, originally from Pakistan, wears religiously mandated clothing-- a kufi, a kurta (loose-fitting shirt) and shalwar (loose fitting pants). This violates the Taxicab Commission's dress code that calls for a white shirt, black pants and does not permit a kufi (but does permit a baseball cap). He has been given a ticket by Whelan Security for wearing "foreign country religious dress." At other times his taxi license has been suspended and last week he was arrested and charged with trespassing. The Missouri Human Rights Commission issued Naeem a right-to-sue letter on his complaints.

University Settles Suit Brought By Christian Counseling Student Who Was Expelled

As reported by Baptist Press, earlier this week, Eastern Michigan University agreed to settle a lawsuit by a former student in its graduate counseling program who was expelled after she refused in a practicum course to counsel gay clients on same-sex relationships. The U.S. 6th Circuit last January held that the case should go to trial on the issue of whether the Christian student, Julea Ward, was ejected from the counseling program because of hostility toward her speech and faith. (See prior posting.) The University has agreed to pay Ward $75,000 and remove the expulsion from her record. No changes in the University's policies, programs or curricular requirements, however, were involved in the settlement.

Police Officer's Complaint About Attending Appreciation Day At Mosque Is Dismissed

In Fields v. City of Tulsa, (ND OK, Dec. 13, 2012), an Oklahoma federal district court rejected objections by a Christian police officer to a directive that he either attend or find volunteers to appear at a Law Enforcement Appreciation Day hosted by the Islamic Society of Tulsa. Police Captain Paul Fields, who was disciplined for refusing to comply with the directive, complained that he was being forced to attend an event at which there will be a discussion about the Muslim religion, but at which he is precluded from expressing his Christian faith. The court rejected plaintiff's free exercise claims, finding that the directive given to him was a neutral, generally applicable order. Nor did it infringe his right of expressive association, the Establishment Clause or his Equal Protection rights. The court also found that defendants had qualified immunity. Fox23 reports on the decision.

Thursday, December 13, 2012

French Government To Emphasize Secularism, Combat Violent Religious Extremism

Reuters reported yesterday that President Francois Hollande's government in France will re-emphasize the policy of "laicite" (secularism) that they said was weakened under former President Nicolas Sarkozy. Hollande this week announced the creation of a new agency to track how the separation of church and state is implemented. The agency will also study ways to introduce classes on secular morality into the public schools. At a conference on the official policy on secularism, French Interior Minister Manuel Valls said that the government's goal is "to detect and understand when an opinion turns into a potentially violent and criminal excess. The objective is to identify when it's suitable to intervene to treat what has become a religious pathology." The government is concerned both about radical Salafi Muslims recruiting disaffected young people, and about the far-right lay Catholic movement, Civitas. The Interior Minister said the government is ready to deport radical foreign-born imams and disband radical faith-based groups that could become violent.

In Philippines, Reproductive Health Bill Passes Important Second Reading

In the Philippines today, the House of Representatives in an historic vote passed a Reproductive Health bill (HB 4244) on its important second reading. The bill which has been opposed for 14 years by the country's Catholic bishops requires the national government to make reproductive health services, including free contraceptives, available to poor families. Inquirer News and GMA News both report on the lengthy House voting session. With several Catholic bishops in the House gallery, each representative had 3 minutes to explain his or her vote. According to Inquirer News, the country's Catholic bishops still hope to stop the bill, either before its third reading in the House, or in the conference committee with the Senate and the vote on the conference report.

Constitutionality of Washington Anti-Discrimination Exemption For Religious Non-Profits Certified To State Supreme Court

In Ockletree v. Franciscan Health System, 2012 U.S. Dist. LEXIS 175515 (WD WA, Dec. 11, 2012), a Washington federal district court certified to the Washington Supreme Court the question of whether the broad blanket exemption in the Washington Law Against Discrimination for non-profit religious organizations is constitutional under the Washington state constitution. Under Wash. Rev. Code 49.60.040 the definition of "employer" subject to the state's anti-discrimination law excludes "any religious or sectarian organization not organized for private profit." Here plaintiff, a security officer at a Catholic Hospital, claims he was discharged from his job on the basis of disability and race. In certifying the question, the court said:

The discrimination Ockletree claims (race and disability) is wholly unrelated to FHS' religious purpose, practice, or activity. It is not clear to this Court that WLAD's broad exemption is constitutional, at least in this context.

German Bundestag Passes Law Allowing Religious Circumcision of Boys

According to the New York Times, Germany's Bundestag yesterday passed legislation confirming the legality of religious circumcision. The issue had been thrown into doubt after a Cologne district court last June held that parents lack the right to decide that their young sons should be circumcised for non-medical reasons. (See prior posting.) The new law, passed in the Bundestag by a vote of 434 to 100, with 46 abstentions, allows circumcisions to be carried out for religious or other reasons "in accordance with medical practice." Specially trained members of a religious community (such as a Jewish mohel) can perform the procedure for boys 6 months old or younger. Circumcisions on boys over 6 months old are required to be performed by a physician. In either case, both parents must consent to the procedure.

Kazakhstan Is Closing Unregistered Religious Organizations Through Court Proceedings

Last October, Kazakhstan enacted a new, more restrictive Religion Law. (See prior posting.) Under it, religious organizations had one year to register, or re-register, with the state. Forum 18 reported Tuesday that the Kazakhstan government is enforcing closure through the courts of Christian and Muslim religious institutions that have not met the registration deadline. Some have consented to their closure in exchange for a promise that they can continue to operate as a branch of another registered community of the same faith. Others, such as the Azerbaijani Fatimai Shia Muslim Mosque in Almaty Region, the Tautan Molla Mosque in Karaganda Region. and the Light of the World Pentecostal Church in South Kazakhstan Region have been closed against their will.

Wednesday, December 12, 2012

New Decree Implementing Religion Law Takes Effect Jan. 1 In Vietnam

Radio Free Asia reported last month on new Decree 92 issued by the government of Vietnam on November 9. The Decree, replacing one originally issued in 2005, goes into effect January 1 to implement the Ordinance on Beliefs and Religion that covers religious practice in Vietnam. The Decree spells out procedures for registering places of worship, activities of religious organizations and clerics. The government recognizes 31 organizations representing 11 religions. However, non-recognized groups are banned. While some Buddhist groups are registered, the government does not recognize the Unified Buddhist Church of Vietnam, whose parent body in Paris issued a statement strongly criticizing the new Decree.

Mennonite-Owned Small Business Files Challenge To Contraceptive Coverage Mandate

Another small business and its owners have filed a lawsuit challenging the contraceptive coverage mandate issued under the Affordable Care Act. The complaint (full text) in Conestoga Wood Specialties Corp. v. Sebelius, (ED PA, filed 12/4/2012), contends that applying the moral teachings of their Mennonite faith, the owners of the cabinet and wood specialties company have concluded "that it would be sinful and immoral for them to intentionally participate in, pay for, facilitate or otherwise support any contraception with an abortifacient effect through health insurance coverage the offer at Conestoga." The company's current health insurance plan excludes such drugs. In October of this year, the corporation's board of directors adopted a statement setting out the beliefs of the company owners on the sanctity of human life. The suit claims violations of the 1st and 14th Amendments, RFRA and the Administrative Procedure Act. Independence Law Center issued a press release announcing the filing of the lawsuit.

New Jersey Prisons Now Allow Real Candles In Hanukkah Menorah Lighting Ceremony

In late November, the New Jersey Department of Corrections (NJDOC) issued a press release announcing a pilot program to allow state prison inmates celebrating Hanukkah to use NJDOC-approved candles in religious menorah lighting ceremonies. Candles can be lit in a designated room by a NJDOC staff member or authorized volunteer religious leader. Inmates will be allowed to view the lighting and the burning down of the candles. Electric or battery-operated menorahs will also be permitted. According to an AP report on the policy change, in the past most prisons have been uncomfortable allowing real candles to be used. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Tuesday, December 11, 2012

Canadian Court Upholds Required Ethics and Religious Culture Program In Catholic School

LifeSite News reports that in Canada, Quebec's Court of Appeal has upheld the decision of the province's Minister of Education, Recreation and Sports refusing to exempt a Catholic school, Loyola High School, from the requirement that it offer a government-mandated course in Ethics and Religious Culture instead of the school's own course covering other religions and ethical creeds from a Catholic perspective. A trial court ruled in favor of the school (see prior posting), but the Court of Appeal reversed. In Le Procureur General du Quebec v. Loyola High School John Zucchi, (Quebec Ct. App., Dec. 4, 2012) the Court of Appeal held that "exposing students to the global study of religions in a neutral perspective without requiring them to adhere to it, is not an infringement of freedom of religion." In reaching this conclusion, the court cited a February decision by Canada's Supreme Court upholding the Ethics and Religious Culture Program in a suit by parents who objected to it. (See prior posting.)

Court Finds North Carolina's Pro-Life Plates Unconstitutional

In American Civil Liberties Union of North Carolina v. Conti, (ED NC, Dec. 7, 2012), a North Carolina federal district court held that North Carolina's "offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment." The court reached this conclusion after rejecting arguments that the specialty license plate program was government speech. The court pointed out that the North Carolina legislature, with rancorous debate, rejected six proposals for various pro-choice plates. The ACLU issued a press release announcing the decision. CNN reports on the decision.

New Report Focuses on Global Discrimination Against Humanists and Atheists

To mark Human Rights Day yesterday, Britain's International Humanist and Ethical Union issued (press release) the first report focusing on discrimination around the world against non-religious people. Titled Freedom of Thought 2012: A Global Report on Discrimination Against Humanists, Atheists and the Non-religious, the 72-page report covers laws and cases of discrimination country-by-country. Summarizing its findings, the report says in part:

This report shows that atheists, humanists and other nonreligious people are discriminated against by governments across the world. There are laws that deny atheists’ right to exist, curtail their freedom of belief and expression, revoke their right to citizenship, restrict their right to marry, obstruct their access to public education, prohibit them from holding public office, prevent them from working for the state, criminalize their criticism of religion, and execute them for leaving the religion of their parents.....

A handful of countries criminalize atheism per se. In addition, there are several forms of legal measures found across many countries that either criminalize the expression of atheist beliefs or result in systematic discrimination against atheists and those who reject religion. These include laws regulating:

• Apostasy and religious conversion
• Blasphemy and religious criticism
• Compulsory religious registration, usually with a list of permissible religions
• Religious tests for citizenship or participation in civic life
• Religious control of family law
• Religious control of public education.

MSN News and Voice of Russia both cover the Report.

National Menorah Lighting Ceremony Held Sunday

As reported by CNN, on Sunday night Chabad Rabbi Levi Shemtov presided over the lighting of the National Menorah on the Ellipse south of the White House. The ceremony featured the U.S. Navy Band. Jeffrey Zients, deputy director of the Office of Management and Budget, helped light the first candle.

Plaintiffs Challenging 10 Commandments May Proceed Using Pseudonyms

As previously reported, in September the Freedom From Religion Foundation along with two students and their parents 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. On Nov. 30, the trial court judge ruled (full text of Order) that the students and the parent of one may proceed in the case identified only as Doe 1, Doe 2 and Doe 3. As reported yesterday by the Valley News Dispatch, plaintiffs' counsel had sought the order because of "the highly personal and sensitive religious matters involved, the age of the student-Plaintiffs, the (ill will) expressed by the public regarding the Plaintiffs and this case, harassing remarks about the Plaintiffs, and the potential for physical harm." Plaintiffs introduced as evidence of the hostility toward them Facebook postings, website comments, emails and letters to the editor.

Monday, December 10, 2012

FBI Releases 2011 Hate Crimes Data; 19.8% Are Motivated By Anti-Religious Bias

The FBI today released its 2011 Hate Crime Statistics. The report shows that there were 6,216 single-bias motivated incidents reported, of which 1,233 (19.8%) involved religious bias. For comparison, for 2010 the FBI reported 6,624 single-bias incidents, with 1,322 (20%) motivated by religious bias-- though the reporting jurisdictions were not identical in the two years. (See prior posting.) The 2011 data show that of the 1,233 incidents motivated by religious bias, 771 of those were anti-Jewish; 157 were anti-Islamic; 67 were anti-Catholic; 44 were anti-Protestant; and 4 were anti-Atheist or Agnostic. Fully 130, however, involved bias against other religions. As previously reported, efforts are underway to add anti-Sikh and anti-Hindu subcategories in order to refine the "Other Religion" number. In 2011, crimes motivated by religious bias were the third most frequent category of hate crimes. Racial bias ranked first (2,917 incidents), and bias based on sexual orientation ranked second (1,293 incidents). The ADL issued a press release welcoming the 6% decrease in hate crimes since last year, but saying this is still far too many. [Thanks to Michael Lieberman for the lead.]