In Israel, Women of the Wall Leaders Split On Concessions

In Israel, there has been a policy split among leaders of Women of the Wall, the group that has been pressing for equal rights for women to pray at the Western Wall wearing prayer shawls and reading from the Torah. Haaretz reported yesterday that last Sunday the WOW board, on the recommendation of the group's chair Anat Hoffman, voted to move their religious services from the women's section of the Western Wall Plaza to a new egalitarian section set up by the government, subject to a number of conditions. Among the conditions are that there be one entrance to a contiguous area encompassing all three sections of the Plaza, there be equal funding, and that the egalitarian space be run by a board that includes equal representation for women.  Yesterday a dozen long-time WOW activists-- most now in the United States-- released a letter taking issue with the decision of the WOW board.  The dissenters insist that the group pursue its original goal of equal rights to pray in the original women's section at the Wall.  Some of the dissenters are Orthodox and object to praying in the same space as men.

Vatican Recalls Medals After Embarrassing Misspelling Is Discovered

The Vatican on Tuesday abruptly recalled more than 6000 medals it had commissioned to commemorate the pontificate of Pope Francis.  As reported by the Huffington Post, just as the medals produced by the Italian Mint went on sale it was discovered that the name of Jesus had been misspelled in the Latin quotation around the edge of the reverse side.  The coin read "Vidit ergo Lesus..." instead of "Vidit ergo Jesus...." Four of the coins, however, were sold before they were recalled. Those are now valuable collectors' items.

More Arrests In Forced Jewish Divorce Kidnappings

In New Jersey, a superseding criminal complaint (full text) was issued yesterday in United States v. Epstein,(D NJ, Oct.10, 2013), adding 6 defendants to the 4 previously named (see prior posting) in a federal kidnapping case against men who allegedly operated an arrangement under which recalcitrant Orthodox Jewish husbands were seized and physically threatened or injured to force them to grant a religious divorce (get) to their wives who had already obtained a civil divorce decree. The 6 additional defendants are alleged to be the "'tough guys' and/or witnesses who participate in the actual kidnapping and assault of the recalcitrant husbands...."  The Newark Star-Ledger reports:

Most of those arrested were taken into custody at a Middlesex County warehouse Wednesday night — some wearing Halloween masks and one in a Metallica T-shirt — as they waited to grab a supposed victim....

U.S. Attorney Paul Fishman said at least one of those charged admitted he had participated in similar kidnappings in the past and investigators believe there may have been as many as several dozen assaults conducted by the same group over a period of many years.

Failed Messiah reports that more arrests are likely to follow "as dominoes."  Meanwhile, Haaretz yesterday carried an interesting op-ed titled Rabbis who beat men into divorcing their wives: villains or heroes?. [Thanks to Steven H. Sholk for the lead.]

Brazil Launches Campaign To Promote Religious Tolerance

Religion News Service reported yesterday on a new diversity campaign launched by the government of Brazil designed to combat religious discrimination by public officials and religious abuse by individuals. Intolerance has been directed particularly at adherents of Candomble and the closely related Umbanda African religious faiths. In the highest profile incident a year ago,  Marcos Antonio Marcelino, a practitioner of Candomble, was shot and killed by his neighbor after police ignored complaints from him and his wife about religious abuse.  The rise in incidents, to 109 last year, coincides with changing religious demographics in Brazil. The number of Catholics is declining while the number of evangelicals is increasing, with some neo-Pentecostal churches preaching hate of African religions.

New Jersey Judge Refuses Stay Pending Appeal of Same-Sex Marriage Ruling

A New Jersey trial court judge yesterday refused to grant a stay pending appeal of her decision that beginning Oct. 21,  New Jersey must extend the right to marry to same-sex couples. (See prior posting.)  According to the New York Times, in her decision Judge Mary C. Jacobson wrote that the state had not shown that is is likely to succeed on appeal, and a stay would delay the ability of same-sex couples to become eligible for federal tax and retirement benefits, spousal coverage under Medicare and the ability to sponsor a non-citizen spouse for residency.  The state immediately appealed the denial of a stay.

UPDATE:  The New Jersey Supreme Court on Oct. 11 issued an order granting a direct expedited appeal of the decision, and also taking jurisdiction over the motion to stay pending appeal. [Thanks to Volokh Conspiracy for the lead,]

Cert.Filed In German Home Schooling Asylum Case

Yesterday the Home School Legal Defense Association announced that it had filed a petition for certiorari with the U.S Supreme Court in Romeike v. Holder.  In the case, the 6th Circuit  denied asylum to a German family that claimed persecution because of Germany's ban on home schooling which the family favored largely for religious reasons.. (See prior posting.) Charisma News reports on developments.

Feds Charge 2 Orthodox Rabbis, 2 Others, In Kidnap and Torture Plans Against Husbands Who Refuse Wives A Religious Divorce

Two Orthodox rabbis and two other men were arrested last night in New York and New Jersey on federal charges (full text of criminal complaint) of plotting to kidnap and torture a man to force him to grant his wife a Jewish divorce (get).  AP, the New York Daily News and the Newark Star-Ledger all have stories on the arrest of 68-year old Brooklyn Rabbi Mendel Epstein and Rabbi Martin Wolmark  who allegedly charged women tens of thousands of dollars to use violence against their recalcitrant husbands who refuse to grant a Jewish divorce after a civil divorce has been obtained.  An Orthodox woman cannot remarry in a religious ceremony without a get.

Police also arrested two other men-- Ariel Potash whose role was to act as the wife's agent to accept the get in the religious divorce ceremony, and a man identified only as "Yaakov" who was apparently one of the "toughs."  As many as 6 other people may also be charged in the case which grew out of a similar 2011 case brought against Rabbi David Wax and his wife. (See prior posting.) Wax is now apparently cooperating with authorities. Last night's arrests came after two undercover agents-- one posing as a wife and the other as her brother-- were charged $10,000 for approval by a rabbinical court of a kidnapping and $50,000 to $60,000 to pay those who roughed up the purported husband.  A rabbinical court in Monsey, New York, presided over by Rabbi Wolmark, actually approved the kidnapping plan last week by issuing a ruling (psak din) after the purported husband failed to respond to a contempt order (seruv) issued by the religious court. [Thanks to Failed Messiah blog for the link to the complaint and to Scott Mange for the lead.]

UN Committee Says France Violated Sikh's Rights By Demanding Turban Be Removed For Passport Photo

The United Nations Human Rights Committee, in a decision dated Sept. 26 and released last week has ruled (full text of decision in French) that France violated the religious freedom of a Sikh man by requiring that he remove his turban for his passport photo. The Committee monitors compliance with the International Covenant on Civil and Political Rights. United Sikhs and the Wall Street Journal report on the decision.

Presbyterian Church Property Dispute Remanded To State Court

In Highland Park Presbyterian Church, Inc. v. Grace Presbytery, Inc., (ND TX, Oct 7, 2013), a Texas federal district court remanded to state court a church property ownership suit that had been removed to federal court.  At issue is whether $30 million of real property of the Highland Park Presbyterian Church was held in trust for the Presbyterian Church (USA). Highland Park is in the process of breaking away from PC(USA) because of theological differences. Removal to federal court is permitted only if the complaint states a claim under the U.S. Constitution or federal law. Here the claim is merely that the U.S. Constitution may later be violated as the case moves forward if the state court exercises its authority too broadly. Christian Post reports on the decision and provides more background.

Mennonite Art Gallery Owners Sue State Civil Rights Commission Over Hosting Same-Sex Marriages

A lawsuit was filed this week in an Iowa state trial court by a Mennonite couple who are seeking to prevent the Iowa Civil Rights Commission from moving ahead on a complaint that the couple refused to host a same-sex wedding ceremony in their art gallery in violation of the ban on discrimination in public accommodations.  The complaint (full text) in Odgaard v. Iowa Civil Rights Commission, (IA Dist.Ct., filed 10/7/2013) explains that the art gallery is housed in a former Lutheran Church building.  The primary revenue source for the Odegaard's gallery (a sole proprietorship) is planning, facilitating and hosting wedding ceremonies in the former sanctuary of the church building which still retains its original stained glass windows. The Odegaards allege that their "religious beliefs forbid them from planning, facilitating, or hosting wedding ceremonies that contradict their religious understanding of marriage."  In addition to alleging that requiring them to either host same-sex weddings or stop hosting all weddings violates religious exercise and free speech provisions of the state and U.S. constitutions, plaintiffs also rely on a provision in the state Civil Rights Act providing that the Act "shall not be construed to allow marriage between persons of the same sex...." Becket Fund announced the filing of the lawsuit, and Christian Post reports further on the suit.

Muslim Man Gets Default Judgment In Employment Accommodation Case

The Seattle Times reports that on Sept. 27, a Washington federal district court judge issued a default judgment in an employment discrimination lawsuit against American Patriot Security.  Muslim security guard Abdulkadir Omar, a resident of Sea Tac, Washington, was fired for refusing to shave his close-cropped beard that he wore for religious reasons. The court awarded over $66,000 in back salary, attorney fees and court costs after the company failed to raise a defense to the charges of failure to accommodate plaintiff's religious beliefs.

Turkey Lifts Ban On Wearing of Hijab In Public Institutions

Euronews reported yesterday that Turkey has lifted its 90-year old ban on wearing of Islamic headscarves in the workplace and in universities. The ban on civil servants wearing overt symbols of religious affiliation was originally put in place in 1925 by Mustafa Ataturk who founded Turkey as a secular republic.  In making the change, Prime Minister Recep Tayyip Erdogan said that the ban on headscarves in public institutions violated freedom of religion and conscience. However his critics see this as part of his Islamic agenda. Other changes also adopted give greater freedom to Kurds, lifting the ban on their using letters in their minority languages that are not part of the Turkish alphabet.

British Scouts Adopt Alternative Promise For Nonbelievers Omitting Reference To God

NBC News reported yesterday that in Britain, the British Scouting Association will make available an alternative Scout Promise that omits reference to God or faith.  Beginning next January, it can be used by scouts who do not profess a religious faith. Instead of reading: "On my honor, I promise that I will do my best, to do my duty to God and to the Queen...", the alternative Promise reads: "I promise that I will do my best to uphold our Scout values...." It joins alternative versions that have been available for nearly 50 years for Muslims, Hindus, Buddhists, and non-UK citizens. The British Girl Guides have already totally dropped phrase "to love my God" from their promise recited by everyone.

Pennsylvania Dioceses File New Challenges To Contraceptive Coverage Mandate

According to AP and the Pittsburgh Post Gazette, the Catholic Diocese of Pittsburgh along with its affiliated Catholic Charities have joined the list of religious non-profits that have refiled challenges to the Affordable Care Act contraceptive coverage mandate now that the final regulations are in place. The complaint filed yesterday contends that the accommodation provided for in the final regulations still requires the religious organizations to subsidize contraceptive services, including contraceptives seen as abortifacients. The diocese's earlier challenge was dismissed last November on ripeness and standing grounds. (See prior posting.)

A similar suit was also filed yesterday by the Catholic Diocese of Erie (PA), according to the Erie Times-News. (See prior posting.)

First Amendment Does Not Protect Diocese From Discovery Request

In Herx v.Diocese of Fort Wayne- South Bend, Inc., (ND IN, Oct. 7, 2013), an Indiana federal district court rejected a Catholic diocese's First Amendment defenses to a discovery request. Plaintiff is a former Catholic elementary school teacher whose contract was not renewed after the school learned that she had become pregnant through in vitro fertilization. The school claimed she had violated the "morals clause" in her teaching contract. In discovery, plaintiff sought information on how the morals clause had been applied to other teachers. The court rejected the diocese's argument that this is an improper inquiry into religiously based matters of a religious employer in violation of the Establishment and Free Exercise Clauses. It also rejected the argument that Title VII and the ADA exempt it from these discovery requests.

Justice Scalia Talks About His Religious Views and Much More

The Oct. 6 New York Magazine features a fascinating interview with Justice Antonin Scalia, including this excerpt about his religious beliefs that has received much attention: (interviewer's questions in bold):

Whatever you think of the opinion, Justice ­Kennedy is now the Thurgood Marshall of gay rights. [Nods.]

I don’t know how, by your lights, that’s going to be regarded in 50 years. I don’t know either. And, frankly, I don’t care. Maybe the world is spinning toward a wider acceptance of homosexual rights, and here’s Scalia, standing athwart it. At least standing athwart it as a constitutional entitlement. But I have never been custodian of my legacy. When I’m dead and gone, I’ll either be sublimely happy or terribly unhappy.

You believe in heaven and hell? Oh, of course I do. Don’t you believe in heaven and hell?

No. Oh, my.

Does that mean I’m not going? [Laughing.] Unfortunately not!

Wait, to heaven or hell? It doesn’t mean you’re not going to hell, just because you don’t believe in it. That’s Catholic doctrine! Everyone is going one place or the other.

But you don’t have to be a Catholic to get into heaven? Or believe in it? Of course not!

Oh. So you don’t know where I’m going. Thank God. I don’t know where you’re going. I don’t even know whether Judas Iscariot is in hell. I mean, that’s what the pope meant when he said, “Who am I to judge?” He may have recanted and had severe penance just before he died. Who knows?

The entire interview is worth a read.

Appeals Court Says Guardian For Medical Decisions Should Have Been Appointed For Amish Girl

In In Re: Guardianship of S.H., (OH Ct. App., Oct. 1, 2013), an Ohio appeals court held that the probate court abused its discretion in refusing to appoint a guardian for the purposes of making medical decisions for an Amish girl suffering from leukemia.  The parents, at the girl's request, stopped chemotherapy treatment. The court, however, concluded that treatment would be in the girl's best interest, saying:

While we have no doubt that, the parents are acting in accordance with their principles, beliefs and honest convictions and that their goal may be a laudable one, it does not nullify or supersede the right of the state and the probate court to protect the health and well-being of a child.

The court held that under Ohio law, a finding of parental unsuitability is not necessarily required before appointing a guardian. AP reports on the decision. (See prior related posting.)

Cert. Denials of Interest Today

As is typical of the first day of the Supreme Court's new term, today the court issued a nearly 80-page list of cases in which it has denied certiorari. (Order list.)  Among the cases that the Court has refused to review are:

First Korean Church of New York, Inc. v. Cheltenham Township Zoning Hearing Board (Docket No. 12-1399).  In the case a Pennsylvania federal district court granted summary judgment to defendants in a lawsuit by First Korean Church that had been prevented by township zoning ordinances from using a 33.8 acre property for a church and seminary.(See prior posting.)The Third Circuit affirmed in a 3-paragraph opinion.

Dixon v. University of Toledo (Docket No. 12-1402). In the case the Sixth Circuit Court of Appeals held that the University of Toledo (OH) did not violate the 1st Amendment free speech rights of its Associate Vice President for Human Resources when it terminated her because of an op-ed column she wrote expressing her views about homosexuality. (See prior posting.)

A.M.v. Taconic Hills Central School (Docket No. 12-1479). In the case the Second Circuit Court of Appeals rejected a free speech claim by a middle school student, the co-president of student council, who was not permitted to include a religious blessing at the end of her remarks at the school's Moving-Up Ceremony. (See prior posting.)

UPDATE: The Supreme Court also denied cert. in two other cases of interest:

Big Sky Colony, Inc. v. Montana Department of Labor and Industry, (Docket No. 12-1191).  In the case, the Montana Supreme Court upheld amendments to the state's workers compensation law that bring Hutterite Colonies within the definition of those covered when their members perform agricultural, manufacturing or construction services for in-kind services rather than wages.(See prior posting.) [Thanks to Luke Goodrich for the lead.]

Church of Scietology v. DeCrescenzo, (Docket No. 12-1495).  As described in the cert. petititon (2013 WL 3225967) the trial court, following California precedent, limited the clergy-penitent privilege to communications made to a single minister, and thus refused to find the privilege applicable to communications made in the course of the Scientology practice of "auditing". The state appellate and supreme courts summarily denied review.

Recent Articles of Interest

From SSRN:

• Louis J. Sirico, Benjamin Franklin, Prayer, and the Constitutional Convention: History as Narrative, (Legal Communication & Rhetoric: JALWD, Vol. 10, 2013).
• Jeff Redding, Querying Edith Windsor, Querying Equality, (Villanova Law Review, Vol. 59, 2013).
• Avishalom Westreich & Pinhas Shifman, A Civil Legal Framework for Marriage and Divorce in Israel, (The Metzilah Center for Zionist, Jewish, Liberal and Humanist Thought, Ruth Gavison, ed, May 2013).
• Tamir Moustafa, Judging in God's Name: State Power, Secularism, and the Politics of Islamic Law in Malaysia, (Oxford Journal of Law and Religion, Vol. 2, (2013)).
• Audrey Macklin, Multiculturalism Meets Privatisation: The Case of Faith-Based Arbitration, (International Journal of Law in Context, 9,3 pp. 1-23 (2013)).
• Bernard M. Levinson & Jeffrey Stackert, Between the Covenant Code and Esarhaddon's Succession Treaty: Deuteronomy 13 and the Composition of Deuteronomy, (Journal of Ancient Judaism 3 (2012): 123-140).
• Claudia E. Haupt, Active Symbols, (55 Boston College Law Review (forthcoming 2014)).
• Hamid Harasani, Islamic Law of Wills: An Overview, (October 1, 2012).
• William Baude, Interstate Recognition of Same-Sex Marriage after Windsor, NYU Journal of Law & Liberty, Vol. 8, 2013, Forthcoming. 

From SmartCILP:

• Hanna Lerner, The Political Infeasibility of "Thin" Constitutions: Lessons from 2003-2006 Israeli Constitutional Debates, [Abstract], 22 Journal of Transnational Law &Policy 85-121 (2012-2013).
• Bashar H. Malkawi, Shari'ah Board in the Governance Structure of Islamic Financial Institutions, [Abstract], 61 American Journal of Comparative Law 539-577 (2013).
• Daniel W. Morton-Bentley, Seeing Isn't Believing: Ahlquist v. City of Cranston and the Constitutionality of Religious Displays under the Establishment Clause, [Abstract], 18 Roger Williams University Law Review 172-199 (2013).
• Symposium on Overlapping Jurisdictions: What Role for Conscience and Religion?, Foreword by Michael J. DeBoer; articles by John Witte, Jr., Joel A. Nichols, Robert L. McFarland and Elizabeth Sepper; responses by Paul Horwitz, Jonathan F. Will and Jeffrey B. Hammond. 4 Faulkner Law Review 299-444 (2013).

In Israel, Ovadia Yosef, Spiriutal Leader of Shas Party, Dies

In Israel, Rabbi Ovadia Yosef, spiritual leader of the important Shas Party died today at age 93. Shas is an Orthodox religious political party that particularly represents interests of Sephardic Jews. The New York Times and Jerusalem Post both report at length on reactions to Yosef's death and on his career.