Recent Articles of Interest

From SSRN:

• Neil James Foster, Freedom of Religion and Law Schools: Trinity Western University, (January 23, 2013).
• James M. Oleske, Lukumi at Twenty: A Legacy of Uncertainty for Religious Liberty and Animal Welfare Laws, (Animal Law Review, Vol. 19, No. 2, 2013).
• Patrick Parkinson, Suffer the Teenage Children: Child Sexual Abuse in Church Communities, (Paper for the Center for the Study of Law and Religion, Emory University, January 2013).
• Andrew F. March, Rethinking Religious Reasons in Public Justification, (American Political Science Review, Forthcoming).
• Carissima Mathen, Reflecting Culture: Polygamy and the Charter, (Supreme Court Law Review, 57, 2012).

From SmartCILP and elsewhere:

• Daniel P. Dalton, The Religious Land Use and Institutionalized Persons Act: Recent Developments in RLUIPA's Land Use Jurisprudence, 44 Urban Lawyer 647-665 (2012).
• R. George Wright, Can We Make Sense of "Neutrality" in the Religion Clause Cases?: Seven Rescue Attempts and A Viable Alternative, 65 SMU Law Review 877-909 (2012).
• Symposium: Sharia in America: Principles and Prospects. 57 New York Law School Law Review 231-311 (2012/13).
• Christopher J. Rosko and Leonard J. Nelson, III, The Emergency Research Waiver of Consent Rule: Is It Compatible With Catholic Teaching?, 6 University of St. Thomas Journal of Law & Public Policy 156-205 (2011).
• John Witte, The Study of Law and Religion in the United States: An Interim Report, [Abstract], 14 Ecclesiastical Law Journal 327–354 (2012).

Iranian Authorities Confiscating Buddha Statues

The London Guardian reported yesterday that Iranian authorities are confiscating Buddha statues from shops in Tehran. An official called the statues a symbol of cultural invasion. Apparently some Iranians have been buying the statues for decoration and not for religious reasons.

Recent Prisoner Free Exercise Cases

In Riley v. Decarlo, (3d Cir., Feb. 13, 2013), the 3rd Circuit rejected a Muslim inmate's claims that his free exercise and equal protection rights were infringed by the failure to provide a Halal meat diet to all Muslim inmates and by the Pennsyvania Department of Corrections policy of administering a PPD test for tuberculosis.

As reported by AP, the 8th Circuit in Sims v. Randall, (8th Cir., Feb. 14, 2013) summarily dismissed an appeal of a Nebraska federal district court decision rejecting claims that Nebraska prison officials failed to fully carry out a 2005 agreement to accommodate the religious and cultural needs of Native American inmates.

In March v. Townsend, 2013 U.S. Dist. LEXIS 17615 (ED TN, Feb. 8, 2013), a Tennessee federal district court permitted an Orthodox Jewish inmate to proceed under RLUIPA and the 1st Amendment with his complaint that he was terminated from a kosher diet for his breakfast meal, was served only vegetarian dishes, and that  non-kosher trays and utensils were used in the kosher meal service.

In Creveling v. Johnson, 2013 U.S. Dist. LEXIS 18373 (D NJ, Feb. 11,2013), a New Jersey federal district court dismissed a claim by an inmate in a Special Treatment Unit for sexual offenders that his free exercise rights were violated because the facility did not offer weekly Catholic Mass.

In Jenner v. Sokol, 2013 U.S. Dist. LEXIS 18075 (D CO, Feb. 11, 2013), a Colorado federal district court permitted a Jewish inmate to proceed with his complaint about cancellation and timing of Shabbat services, but dismissed his claims regarding the availability of religious supplies.

In Powers v. Naiman, 2013 U.S. Dist. LEXIS 18026 (MD FL, Feb. 11, 2013), a Florida federal district court rejected the portion of a magistrate's report (2012 U.S. Dist. LEXIS 185875, Nov. 2, 2012) recommending dismissal of a Messianic Jewish inmate's complaint under RLUIPA that he was not allowed to keep his religious garments in his cell.  Instead the court permitted defendants to file a corrected motion to dismiss based on failure to exhaust administrative remedies.

In Guthrie v. Unknown Handline, 2013 U.S. Dist. LEXIS 18462 (WD MI, Feb. 12, 2013), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 185988, Oct. 19, 2013) and dismissed on statute of limitations grounds and inmate's complaint that a corrections officer permitted an inmate to attack him because of his religion.

In Blake v. Cooper, 2013 U.S. Dist. LEXIS 18530 (WD MO, Feb. 12, 2013), a Missouri federal district court dismissed Muslim inmates' claim that they were not allowed to break their Ramadan fast with dates, finding that any violation was de minimis and did not place a substantial burden on their free exercise of religion.

In Foster v. Western District of Louisiana, 2013 U.S. Dist. LEXIS 18906 (WD LA, Feb. 12, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 18914, Jan. 16, 2013) and dismissed a complaint by a Muslim inmate that his right to participate in Friday Jumah services was curtailed and he was not provided religious education.

Suit By Church Seeks TRO Against Dissident Faction

The Toledo Blade reports on a lawsuit filed February 1 by a Toledo, Ohio congregation-- the Southern Baptist Missionary Church--  against 13 church members who attempted in a contested January 28 meeting to remove Lemuel A. Quinn as pastor.  Background on the dispute is furnished in a Commentary by the Blade's religion editor. The suit claims that the defendants have filed false police reports and have physically threatened church members. It claims that one member physically assaulted Quinn during a church service, and that defendants have circulated false rumors that Quinn died in order to reduce attendance. Defendants say that Quinn has been deceitful about his 1973 conviction for manslaughter, and has been threatening to some members. So far, attempts by the judge to mediate the dispute have not been successful. A hearing has been scheduled For. Feb. 25 by Common Pleas Court judge James Bates who says he hopes he will not be required to decide who the church's pastor is.

Depositions From Legion of Christ Lawsuit Released

As previously reported, a Rhode Island Superior Court last month ordered release to the media of documents that had been produced by the scandal-ridden Legion of Christ in a lawsuit against it. According to the Daily Mail, the documents -- the first-ever depositions of high-ranking Legion officials-- were actually released yesterday and reveal:

details on how the founder of the organization, the Reverend Marcial Maciel who died in 2008, lived a double life, fathering three children, and was accused of abusing seminarians. The Legion kept this information hidden.  Also revealed are allegations that the organization solicited money from an elderly widow, eventually persuading her to bequeath it $60 million.

Army Will Bill West Point Student Who Left Criticizing Proselytizing

As previously reported, last December a West Point cadet, Blake Page, who had been disqualified on medical grounds from receiving a Second Lieutenant commission, resigned from West Point 5 months short of graduation in protest of the school's promotion of religion. At the time, it was reported that Page would receive an honorary discharge and would not have to reimburse the government for the cost of his education. Yesterday, however, NBC News reported that Assistant Secretary of the Army Thomas Lamont, while approving an honorable discharge, has rejected the recommendation of West Point superintendent Lt. Gen, David Huntoon that repayment of tuition be waived. Instead Page will be billed for over $200,000, Pages's supporters charge that the decision was in retaliation for the scathing commentary about Christian proselytizing at West Point that Page published  as he was leaving.

House Holds Hearings On Tax Reform and Charitable Contributions

Yesterday, the House Ways and Means Committee held hearings on Tax Reform and Charitable Contributions.  The testimony of all six panels of witnesses is available from the Committee's website, as is the Opening Statement of Committee Chairman Dave Camp. In anticipation of the hearing, the staff of the Joint Committee on Taxation released a 55-page report titled Present Law and Background Relating to the Federal Tax Treatment of Charitable Contributions. [Thanks to Steven H. Sholk for the lead.]

Religious Conservatives Around The World Object To Valentine's Day

Today is Valentine's Day-- a celebration that has become increasingly popular around the world.  As in past years, conservative religious authorities in some countries continue to express their opposition to the occasion. In Coimbatore, India, members of the All India Youth Federation have petitioned police for protection, according to yesterday's Deccan Chronicle. The group says that every year, religious parties and other protesters gather in city parks and elsewhere where young people meet, and try to catch them and force them to marry in public places.

In Indonesia, according to today's Tengri News, the country's largest Muslim organisation, Nahdlatul Ulama, says it does not want to ban Valentine's Day, but it should not be celebrated by teenagers. The Head of the conservative Islamic Defenders Front went further and declared the day "haram" (forbidden) for Muslims, saying it reflects the culture of "infidels."

According to OnIslam, in Pakistan, the head of Jammat-e-Islami, the country’s largest Islamic party, said: "We are going to observe February 14 as Hijab Day in all over the country, especially in the educational institutions in order to show to the world that the people of Pakistan totally reject this custom, which is a direct attack on the culture of modesty."

Meanwhile, according to Chicago's Daily Herald, in Illinois, supporters of same-sex marriage hope that the state Senate will use today to pass and send to the House a bill permitting same-sex marriage.

Orange County Settles, Allowing Muslim Women In Custody To Wear Hijab

The San Clemente Patch reported yesterday that Orange Count, California has settled a 6-year long lawsuit brought against it by the ACLU on behalf of Souhair Khatib, a Muslim woman who was required to remove her hijab (head scarf) while in a courthouse holding cell. (See prior posting.) Under the settlement, Orange County officials will no longer require women in custody to remove their hijab. Also the county will provide training to law enforcement officers on the new policy, and will pay $85,000 in damages, fees and court costs.

Challenge To 10 Commandments Monument Dismissed After Plaintiff Says It Now Lacks Standing

In 2006, Dixie County, Florida commissioners approved a request by citizens to permit them to place a 5-foot tall, 6-ton granite Ten Commandments monument at the county courthouse. The ACLU filed a lawsuit challenging the monument on behalf of an ACLU member, identified only as John Doe, who did not live in Dixie County, but said he was looking to purchase property there on which he and his wife could park their recreational vehicle. They encountered the offending display when they went to the county courthouse to research any encumbrances on property they were considering. Apparently the ACLU was unable to find an actual Dixie County resident who was willing to act as plaintiff.

As the case wound its way through the courts, standing of plaintiff to bring the lawsuit remained an issue, and last year the 11th Circuit remanded the case to the district court for a hearing on standing. Last month, the ACLU filed a motion (full text) to dismiss the suit without prejudice, asserting that changed circumstances have led plaintiff to conclude that it lacks standing.  The motion asserted:

John Doe recently learned that a revised permitting process will limit the number and location of properties on which RVs may be placed. And more troubling for Doe and his wife, the revised permitting process would require John Doe to publicly advertise his request for a permit. The Does are fearful that, because it is common knowledge that they were seeking property for the purpose of living in their RV, the new permitting requirements will lead to their identities being discovered and make them targets for physical violence and threats or harm to their property.... With these new requirements and accompanying fears for their safety, John Doe and his wife regrettably concluded this past week that, even if the monument is removed, they “are very unlikely to return to Dixie County to search for property.”

Yesterday, in American Civil Liberties Union of Florida, Inc. v. Dixie County, Florida, (ND FL, Feb. 13, 2013), the federal district court dismissed the case without prejudice, indicating that all matters, including costs and attorneys' fees, have been resolved by the parties. A press release by Liberty Counsel indicates that under the parties' agreement, the ACLU will pay defendants $1300 for court costs. It says that plaintiff has admitted he does not intend to buy property in the county because the court had ordered him to be deposed to reconcile inconsistencies in his prior affidavit and deposition.

11th Circuit Tells Parties To Try Again To Mediate RLUIPA Zoning Dispute Over Mosque Expansion

The Atlanta Journal Constitution reports that yesterday, after hearing oral arguments in Islamic Center of North Fulton, Inc. v. City of Alpharetta, Georgia, the U.S. 11th Circuit Court of Appeals ordered the parties to try again to resolve their zoning dispute by mediation.  In the case, a federal district court dismissed RLUIPA and federal constitutional challenges to Alpharetta's refusal to approve the Islamic Center's expansion. The proposed project would replace the Center's present worship structure with 2 buildings-- a mosque and a smaller community hall. (See prior posting.) The 11th Circuit said that if no settlement is reached in 120 days, it will issue a ruling in the case.

House Passes Bill To Allow FEMA Aid To Houses of Worship Damaged In Hurricane Sandy

As reported by the Huffington Post, by a vote of 354-72 yesterday the U.S. House of Representatives passed HR 592, the Federal Disaster Assistance Nonprofit Fairness Act.  The bill, which now goes to the Senate for consideration, adds houses of worship to the list of types of private non-profit facilities eligible for federal disaster aid from the Federal Emergency Management Agency. The change is aimed at assisting houses of worship in the Northeast that were damaged by Hurricane Sandy. Americans United and the ACLU opposed the bill on church-state separation grounds.

School Board Modifies Policy On Youth Ministers' Lunchtime Visits

The Conway, Arkansas Log Cabin Democrat reports that yesterday the Conway school board approved a policy that will allow youth ministers back on school campuses, after their lunch hour visits with students were temporarily suspended in reaction to a complaint by the Freedom From Religion Foundation. Some parents were particularly concerned with ministers approaching children without parental consent. The schools asked Liberty Institute to analyze the constitutionality of the school policy on outside visitors.  The organization's report (full text, scroll to pg. 62 of Board agenda items), was released late Thursday, too late for parents to get on Tuesday's agenda to comment on it.  It concluded that the existing visitor policy was neutral, but the Board on Tuesday adopted changes to reinforce that conclusion.  The new policy requires visitors to senior and junior high schools to maintain a list of students with whom they are affiliated. The principal can then bar a visitor from talking with students not on the visitor's list. At elementary and middle schools, parental consent is required before a visitor may have access to a student.

Scholar Argues Britain No Longer Needs Chief Rabbi

The Forward this week published an interesting opinion piece by a visiting scholar at Oxford arguing that in Britain, the position of Chief Rabbi has outlived its usefulness.  In December, a selection committee from Britain's Orthodox Jewish United Synagogue chose Rabbi Ephraim  Mervis to succeed Lord Jonathan Sacks as Chief Rabbi later this year.  According to op-ed author Keith Kahn-Harris:

[B]ehind the imposing title of chief rabbi lies an often beleaguered office, struggling to reconcile the United Synagogue’s different wings. Outside the United Synagogue, other denominations, from Reform to Haredi, are clear that the chief rabbi does not represent them. At the national level, other Jewish leaders are invited to most state events alongside him....

From the 18th to the early 20th century, the chief rabbi, whose office was modeled closely on the established Church of England, provided an arguably useful service in demonstrating to non-Jewish British society that Jews were respectable enough to be emancipated. But in today’s multicultural Britain, where even the established church doesn’t command the loyalty of more than a small minority of Britons, the chief rabbinate is clearly anachronistic.

Obama Issues Statement On Pope's Resignation

On Monday, President Obama issued the following statement on the resignation of Pope Benedict XVI:

On behalf of Americans everywhere, Michelle and I wish to extend our appreciation and prayers to His Holiness Pope Benedict XVI. Michelle and I warmly remember our meeting with the Holy Father in 2009, and I have appreciated our work together over these last four years.   The Church plays a critical role in the United States and the world, and I wish the best to those who will soon gather to choose His Holiness Pope Benedict XVI’s successor.

High School Students Object To Prom Being Open To LGBT Classmates

Time reported yesterday that in Sullivan, Indiana, a group of high school students are unhappy with the decision by the principal of Sullivan High School that anyone, including same-sex couples, can attend the high school prom.  A group of students met Sunday at a church to discuss holding a separate event that would exclude LGBT students. One supporter of the alternative prom commented: "We believe what the Bible says, that it says it’s wrong. We love the homosexuals, but we do not condone what they’re doing."

Artist Appeals Russian Court's Fine For Causing Religious Offense By Selling Pussy Riot Shirts

In Russia, fallout from last year's conviction of members of the punk rock band Pussy Riot for their protest performance in Moscow's Christ the Savior Cathedral continues. RAPSI today reports that in the Siberian city of Novosibirsk, artist Artyom Loskutov has filed an appeal of a 1000 ruble ($33 US) fine imposed on him by a magistrate's court for causing religious offense by selling Pussy Riot T-shirts.  In his appeal of last month's administrative case against him, Loskutov argues that his actions cannot be seen as causing religious offense.

European Court Rejects Mosque's Complaint Against Azerbaijan

The European Court of Human Rights last week, in a Chamber Judgment, dismissed claims against the government of Azerbaijan brought by a Muslim congregation in Baku.  In Juma Mosque Congregation v. Azerbaijan, (ECHR, Feb. 8, 2013), the congregation sued complaining that the government refused to re-register the congregation unless it subordinated itself to the Caucasus Muslim Board. The congregation was evicted from the state-owned Juma Mosque which they had occupied for 12 years.  The court held that the congregation had failed to exhaust the domestic remedies available to challenge the re-registration refusal. On the congregation's complaint that it was evicted from the mosque, the court held that there is no protected right for a religious group to obtain a place of worship from state authorities.

Becket Fund issued a press release on the decision saying:

The mosque was targeted by the authorities because it would not agree to replace its existing religious leader, Ilgar Ibrahimoglu Allahverdiyev–a prominent democracy and religious liberty activist–with a government-appointed imam

Good News Clubs Sue Claiming Unequal Treatment By School District

In Harrisburg, Pennsylvania last week, the organization that operates after-school Good News Clubs filed suit in federal court challenging on constitutional grounds the school district's refusal to include it as a non-profit community service group that may use school facilities without charge.  Instead the district told the group that it would be charged $1200 per year per school for after-school use of space for its activities. The complaint (full text) in Child Evangelism Fellowship of Dauphin County, Inc. v. Harrisburg School District, (MD PA, filed 2/8/2013), alleges:

In depriving Plaintiff access on equal terms, the District applied its Policy in an unconstitutional manner, thereby violating the free speech, free exercise, due process, and equal protection clauses of the First and Fourteenth Amendments tothe United States Constitution.

The Harrisburg Patriot-News reports on the lawsuit.

Israeli Police Detain 10 Jewish Women In Conflict Over Egalitarian Prayer Customs At Western Wall

In Israel, the ongoing struggle over Jewish women's rights to egalitarian prayer at the Western Wall in Jerusalem continues.  The New York Times and the Jerusalem Post report that earlier today ten women were detained by police after the women prayed there wearing the type of prayer shawls (tallitot) traditionally worn by men.  The Orthodox Jewish authorities who control activities at the Western Wall allow women to wear colorful "female style" prayer shawls that resemble a scarf, but do not allow "male tallitot" which are blue and white or black and white and are worn folded across the shoulders. The Israeli Supreme Court ruled in 2003 that worshipers at the Western Wall must "uphold the customs" of the site. The group known as Women of the Wall have gathered once a month for the last 24 years on Rosh Chodesh (the beginning of each Jewish month) to challenge the Orthodox limitations on women's rights there.  Police confiscated male prayer shawls carried by women through security check points, but men sympathetic to their cause smuggled in prayer shawls for them to wear.

With the women praying at the Wall today were veterans from the 1967 Six Day War who fought at the Western Wall.  Those detained by police-- after prayers were completed and they were exiting the site-- included two U.S. rabbis, an American-born Israeli Reform Rabbi who is the sister of comedienne Sarah Silverman, and a pregnant rabbinical student. Apparently some of the women did not agree to the conditional release that typically includes a bar on them from entering the Western Wall Plaza for 15 days.