Florida Judge Ordered To Stop Offering Bibles To Criminal Defendants

According to News 13 today, Osceola County, Florida state criminal court judge Hal Epperson has been ordered by Chief Judge Belvin Perry to end his practice of offering criminal defendants a Gideon Bible. The move came after one of the attorneys who responded to a survey by the Central Florida Association of Criminal Defense Lawyers complained about the practice.

Atheist Groups Begin New Project To Combat Discrimination

RNS reported last week that a group of four secular organizations has begun a new project called Openly Secular.  Its goal is to draw attention to incidents of anti-atheist discrimination in hopes of making bias against secularists socially unacceptable. Its first project is to gather stories from individual secularists about discrimination they have faced.

Recent Prisoner Free Exercise Cases

In Todd v. Holt, 2014 U.S. Dist. LEXIS 57961 (MD PA, April 25, 2014), a Pennsylvania federal district court allowed an inmate to proceed with his complaint that he was denied religious certified meals for 14 days while the prison was in lockdown status.

In Sharonoff v. Nash, 2014 U.S. Dist. LEXIS 58114 (ED CA, April 25, 2014), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that his free exercise and equal protection rights were in fringed when authorities confiscated his mail package containing a copy of the publication "Cosmic Hidden" which contains messages from the edge of eternity.

In Allah v. Virginia, 2014 U.S. Dist. LEXIS 58529 (WD VA, April 28, 2014), a Virginia federal district court rejected an inmate's claim that his rights under RLUIPA were violated when authorities refused to recognize Nation of Gods and Earths as a religion or to allow NGE to meet communally, barred his wearing NGE clothing or having NGE publications, and allegedly did not accommodate his religious diet.

In Poslof v. CDCR, 2014 U.S. Dist. LEXIS 60776 (ED CA, April 30, 2014), a California federal magistrate judge held that an inmate's complaint regarding lack of a proper kosher diet would be dismissed unless an amended complaint is filed curing pleading defects.

In McBryde v. Thomas, 2014 U.S. Dist. LEXIS 59476 (D MT, April 29, 2014, a Montana federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 60657, April 7, 2014) and dismissed an inmate's claim that his parole was conditioned on his completion of a drug treatment program containing religious elements.

Court Invalidates Limits On Muslim Worship In Texas Prisons

A Texas federal district court has handed down a decision giving a major victory to Muslim inmates in Texas seeking more access to religious worship services. In Brown v. Livingston, (SD TX, April 30, 2014), the court held that

(a) [Texas Department of Criminal Justice] current Administrative Directive 7.30 ... which embodies TDCJ’s policy that inmates may not gather in groups of more than four for religious services unless a TDCJ staff member or outside volunteer is available to provide “direct supervision,” is an ongoing violation of the Muslim inmates’ federal rights under the Religious Land Use and Institutionalized Persons Act ... and the First Amendment; (b) the “Scott Plan,” which is TDCJ’s policy of providing TDCJ staff to supervise only one hour of religious services per week for each faith group unless an outside volunteer is present to provide direct supervision, is an ongoing violation of the Muslim inmates’ federal rights under RLUIPA and the First Amendment....

The court enjoined the prison system from applying Administrative Directive 7.30 or the Scott Plan to Muslim and Jehovah’s Witness inmates.

Defamation Claim Between Hindu Temple Members Dismissed

In Thiagarajan v. Tadepalli, (TX App., April 30, 2014), a three-judge panel of the Texas Court of Appeals dismissed under the ecclesiastical abstention doctrine both a defamation action against the secretary of the board of directors of a Hindu temple, and (by a 2-1 vote) a claim by the secretary against the Temple for indemnification for the costs of defending the action.  At issue were the alleged defamatory content of e-mails sent out by Sharma Tadepalli objecting to the DVDs available for purchase or rental from the Temple's library.  Thiagarajan, plaintiff in the defamation action, oversaw operation of the temple’s library.  Tadepalli claimed that some of the DVDs were non-religious and included X-rated Indian movies. The court held:

allowing Thiagarajan’s defamation claim to proceed unavoidably would lead a civil court into the forbidden territory of litigating “‘conformity of the members of a church to the standard of morals required of them.... Subject matter jurisdiction is foreclosed when defamation claims are bound up with ecclesiastical implications such as those present in this case.

The majority also concluded that:

Having pleaded that MTS [the Temple] should indemnify him precisely because the statements at issue “concerned  matters related to the conduct and governance of MTS and to other ecclesiastical matters,” Tadepalli cannot plausibly contend that a determination as to whether MTS should indemnify him nonetheless will avoid determination of “ecclesiastical matters.”

A concurring and dissenting opinion by Chief Justice Frost agreed that the defamation claim should be dismissed, but argued that the claim for indemnification can be decided using neutral principles of law and without resolving religious controversies.

Chaplain's Complaint Over Actions During Government Shutdown Dismissed As Moot

In Leonard v. United States Department of Defense, (D DC, April 30, 2014), the D.C. federal district court dismissed as moot claims by Catholic Navy chaplain Father Ray Leonard that his free exercise and RFRA rights were infringed when military authorities prevented him from performing his ecclesiastical duties during last year's government shutdown. The government asserted that this was required by the Anti-Deficiency Act, 31 U.S.C. § 1342, even if performed voluntarily. However, one day after this suit was filed, the government informed Father Leonard that he and other chaplains would be permitted to continue working during the shutdown and would be paid when funds later became available. The court similarly dismissed Leonard' retaliation claim because he is suffering no ongoing injury. (See prior related posting.)

Report on Human Rights In Pakistan Issued

Last week, the Human Rights Commission of Pakistan (an independent non-governmental organization) issued its 2013 annual report on the state of human rights in the country (full text). In a lengthy chapter on "Freedom of thought, conscience and religion", the Commission said in part:

Pakistan’s record in protecting members of its religious and sectarian minorities from faith-based violence and discrimination has been far from impressive in recent years. In fact, the year under review saw continuation of the recent trend of violence and impunity that seemed to reinforce each other. The growing problems for the minorities came from extremist militant groups seeking to justify violence and brutalities in the name of religion. Secondly, the challenges came from the local factors; and finally, from the government’s failure to protect members of minority religions and sects from faith-based violence or to confront hate speech, intimidation or intolerance. This year also nothing was done to weed out discrimination against non-Muslim citizens written into law or to introduce safeguards widely acknowledged to be needed in order to prevent abuse of the blasphemy law

The Commission made 5 recommendations in this area:

1. Unless serious steps are taken to stop sustained hate campaigns against members of religious and sectarian minority groups and unless those fanning hate speech are brought to justice, the bloodletting in the name of religious faith cannot be stopped.....

2. The blasphemy law is in urgent need of reform to prevent its abuse by extremists and opportunists.... The systematic and organised intimidation of judges in cases of blasphemy or desecration of scripture undermines administration of justice.... 

3. There is considerable evidence that those involved in faith-based violence have penetrated law enforcement agencies..... [T]hese elements should be urgently identified and weeded out....

4. Codification of personal law for Hindus and Sikhs should be a priority.....

5. Nothing has caused as great frustration and desperation among Pakistan’s minority religious faiths as incidents of forced conversion and lack of action against the perpetrators. The state should introduce a mechanism to ensure that the girls in question and their families get justice without having to suffer harassment and threats from rowdy crowds in courts and powerful politicians patronising this repulsive trampling of rights.

Pennsylvania Appellate Court: Property of Breakaway Congregation Belongs To PCUSA

In Peters Creek United Presbyterian Church v. Washington Presbytery of Pennsylvania, (PA Commonw. Ct., April 30, 2014), the Pennsylvania Commonwealth Court in a 4-3 decision held that the church building and other property of Peters Creek Church is held in trust for the Presbyterian Church USA, despite the vote of a majority of the congregation's members to break away and instead affiliate with the Evangelical Presbyterian Church. Applying neutral principles of civil law, the majority held that 2001 Peters Creek bylaw amendments bound the congregation to the PCUSA Book of Order (including its trust clause), and attempts in 2007 to revise the bylaws were invalid. The majority said in part:

[E]nforcement of Peters Creek Church’s commitment to the PCUSA is required by neutral principles if that commitment does not violate the laws of the Commonwealth. The non-profit corporation Peters Creek Church unequivocally incorporated into its own governing documents the mandatory provisions of the Book of Order, including the commitment not to disaffiliate without permission from the Washington Presbytery. Enforcement of those documents, in accordance with neutral principles, does not prevent any individual member of Peters Creek Church from exercising his or her religious preference to leave the Presbyterian Church (U.S.A.) and join the Evangelical Presbyterian Church, or any other church, or no church at all.

The dissenters, in an opinion by Judge McCulloch contended that no trust in favor of PCUSA was created and the 2007 vote to disaffiliate was valid.

Suit Challenging Denial of IRS Non-Profit Exemption Dismissed On Numerous Grounds

In Lock v. United States, (D OR, April 29, 2014), an Oregon federal district court allowed a pro se plaintiff to proceed in forma pauperis, but dismissed, with leave to amend, his suit complaining that the Internal Revenue Service had denied Section 501(c)(3) status for a small church he had founded.  The court held that the claim would need to be brought by the church itself, not by its founder, and also that only the Tax Court, Court of Claims or D.C. District Court would have jurisdiction over such a claim.  Finally it held that plaintiff had not alleged facts to show that the exemption denial was discriminatory.

USCIRF Issues 2014 Annual Report

The U.S. Commission on International Religious Freedom yesterday issued its 2014 Annual Report (full text). Its press release describes highlights of the report. Here are excerpts:

[The Report] recommended that the State Department add eight more nations to its list of “countries of particular concern,” defined under law as countries where particularly severe violations of religious freedom are tolerated or perpetrated: Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan, Turkmenistan, and Vietnam. USCIRF also recommended that the following eight countries be re-designated as “countries of particular concern,” or CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan. 

This year’s report, the 15th since the Commission’s creation in 1998, documents religious freedom violations in 33 countries and makes country-specific policy recommendations. The report also examines U.S. international religious freedom policy over the past decade and a half, reviewing what IRFA requires, assessing the record on implementing its provisions, and recommending ways to strengthen U.S. engagement on and promotion of religious freedom.....

Along with recommending CPC designations, USCIRF also announced the placement of 10 countries on its 2014 “Tier 2” list, a USCIRF designation for governments that engage in or tolerate violations that are serious, but which are not CPC-level violators. USCIRF urged increased U.S. government attention to these countries, which include Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos, Malaysia, Russia, and Turkey.

The USCIRF report also highlights religious freedom concerns in countries/regions that do not meet the Tier 1 (CPC) or Tier 2 threshold, but should also be the focus of concern, including Bahrain, Bangladesh, Belarus, Central African Republic, Ethiopia, Kyrgyzstan, Sri Lanka, and Western Europe.

The 200 page report also includes lists of prisoners in various countries held for their religious beliefs or views, or on blasphemy charges. Commissioner William Shaw (at pg. 165) dissented from the decision to make Turkey a Tier 2 country, as well as dissenting from the 15 year IFRA review chapter in the report.

Today Is National Day of Prayer

Today is National Day of Prayer.  36 USC Sec. 119 provides:

The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

Presumably this year's Proclamation will be posted on the White House website sometime today. Meanwhile the private National Day of Prayer Task Force has scheduled a national observance at the Cannon House Office Building at 9:00 a.m. this morning.  The Task Force's observances traditionally are Christian in focus-- and that remains the case this  year.  The event will be hosted by Alabama Congressman Robert Aderholt.  While two rabbis are listed as participants in the program, they are both from Messianic Jewish organizations.

According to CBN, in preparation for National Day of Prayer, the 25th annual U.S. Capitol Bible reading marathon began Sunday evening. The entire Bible is being read non-stop, and will be completed today.

UPDATE: The Presidential Proclamation -- National Day of Prayer, 2014 is now available on the White House website.

Court OK's Sale of Mausoleum Space and Headstone Inscriptions By NJ Catholic Cemeteries

In Monument Builders of New Jersey v. Roman Catholic Archdiocese of Newark, (NJ Super., April 29, 2014), a New Jersey trial court upheld the right of the Newark Catholic Archdiocese to sell monument inscription rights and burial rights in mausoleums at Catholic cemeteries. Commercial monument builders argued that the Archdiocese has engaged in unfair competition with them, and that the sale of monuments by the Archdiocese is ultra vires and against public policy. (See prior posting.) The court held first that the state's statutory ban on cemeteries selling monuments or mausoleums is inapplicable to religiously owned cemeteries that restrict burial to members of the religious faith and their families.  Secondly, the court concluded that if the Archdiocese is statutorily authorized to engage in its monument and mausoleum programs, its alleged competitive advantage is irrelevant.  The court went on to conclude that the state's religious corporation law grants the Archdiocese the authority to acquire and install mausoleums and monuments and to sell inscription rights. Newark Star-Ledger reports on the decision.

President Declares May As Jewish American Heritage Month

President Obama issued a Proclamation (full text) yesterday declaring May as Jewish American Heritage Month. The Proclamation reads in part:

For thousands of years, the Jewish people have sustained their identity and traditions, persevering in the face of persecution. Through generations of enslavement and years of wandering, through forced segregation and the horrors of the Holocaust, they have maintained their holy covenant and lived according to the Torah. Their pursuit of freedom brought multitudes to our shores, and today our country is the proud home to millions of Jewish Americans. This month, let us honor their tremendous contributions -- as scientists and artists, as activists and entrepreneurs. And let all of us find inspiration in a story that speaks to the universal human experience, with all of its suffering and all of its salvation.

Bill Would Eliminate Constitutional Problems With Parsonage Allowance

As previously reported, an appeal has been taken to the 7th Circuit in Freedom From Religion Foundation v. Lew, in which a Wisconsin federal district court held that the tax code provision excluding a minister's parsonage allowance from gross income violates the Establishment Clause because it benefits religious persons but not others. The appeal has drawn a number of amicus briefs from religious organizations across the spectrum. (Links to briefs and other documents.) On Monday, Louisiana Representative Bill Cassidy introduced a bill into Congress which, if enacted, would presumably remove the constitutional problems with the parsonage allowance. (Cassidy press release.)  H.R. 4493 provides that Section 107 of the Internal Revenue Code that grants the parsonage allowance to any "minister of the gospel"-- a term already interpreted by the courts to include non-Christian clergy as well-- is amended to add:

For purposes of this section, the term `minister of the gospel' includes any duly recognized official of a religious, spiritual, moral, or ethical organization (whether theistic or not).

So far, the bill has no co-sponsors and hearings on it have not been scheduled.  The progress (if any) of the bill through Congress can be followed here. [Thanks to Robert Baty for the lead.]

Suit Challenges Ohio's Refusal To Allow Same-Sex Marriages

In the wake of a federal district court ruling two weeks ago that Ohio's refusal to recognize same-sex marriages performed elsewhere is unconstitutional (see prior posting), a new federal lawsuit was filed yesterday challenging Ohio's ban on issuing marriage licenses to same-sex couples who wish to wed in Ohio.  The complaint (full text) in Gibson v. Himes, (SD OH, filed 4/30/2014), contends:

Ohio Rev. Code § 3101.01 and OH Const. Art. XV, §11 violate fundamental liberties that are protected by the Freedom of Association Clause of the First Amendment, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment on their face.

Cincinnati Enquirer reports on the filing of the lawsuit.

Suit Voluntarily Dismissed After School District Changes Rule On Distribution of Religious Material

ADF announced yesterday that it has voluntarily dismissed it lawsuit in K.R. v. Unified School District No. 204, (D KA, April 29, 2014) (full text of Notice of Voluntary Dismissal) after the school district removed its restriction on distribution of religious material.  The suit challenged school district rules that originally permitted students to post information and hand out flyers during non-instructional time, except for religious material. (See prior posting.)

Kenyan President Signs New Marriage Act, Allows Polygamy

BBC News and Jurist report that in Kenya, President Uhuru Kenyatta has signed into law the controversial Marriage Act 2014. The new law requires that all marriages be registered and provides that a woman is entitled to 50% of the property acquired during marriage. However the greatest attention has been given to provisions that allow polygamous marriages. Men may marry as many women as they wish, without consulting their current wives. Christian leaders have opposed the law.

California Court Refuses To Allow Sikh Juror To Wear Kirpan

In Yuba City, California, members of the Sikh community protested yesterday when officials refused to allow Gursant Singh to enter the Sutter County Courthouse to report for jury duty. Singh has been unable to convince authorities to allow him to wear his kirpan (a religious dagger with a 5 inch blade) in the courthouse.  CBS13 reports that court officials insist on enforcing their no-weapons policy to ban the traditional religious symbol. It is unclear whether Singh will be penalized for not appearing for jury duty.

Pentagon Chaplain Hosts First Ever Sikh Program

Huffington Post reports that the first ever program at the Pentagon to recognize the Sikh faith was held last Friday. Hosted by the Pentagon Chaplain, the program  celebrated Vaisakhi, described by Valarie Kaur who spoke at the program as a celebration of "the founding of the Sikh community as the Khalsa, a spiritual sister and brotherhood."

Inmate With Multiple Wives Can Move Ahead With RLUIPA Challenge To Conjugal Visit Rule

While prisoner lawsuits challenging limits on conjugal visits are not particularly unusual, the challenge involved in Thomas v. Corbett, (PA Commonwealth Ct., April 29, 2014) presents unusual facts.  As described by the court:

Thomas raises several claims in the Complaint relating to DOC’s conjugal visit policy, which precludes conjugal visits for all inmates. Thomas avers that his religion requires him to marry and, in fact, to have multiple wives.  Thomas avers that DOC’s policy concerning visits from spouses precludes him from enjoying conjugal visits with his wives. Thomas avers that this policy has a detrimental effect on the status of his marriages, because his wives are threatening to divorce him under Islamic religious rules if they are unable to have intercourse with him.

In the case, the 3-judge Pennsylvania Commonwealth Court  panel refused to dismiss plaintiff's  RLUIPA challenge to the conjugal visit ban at this early stage of the proceedings.  It is not enough for the government to merely allege that it has a compelling interest. The court also allowed plaintiff to move forward with a portion of his challenge to the prison's ban on prayer oil. PennLive reports on the decision.