USCIRF Criticizes Burma's Proposed Religious Conversion Law

The U.S. Commission on International Religious Freedom issued a press release yesterday strongly criticizing the draft of the Religious Conversion Law that Burma's Parlisment has recently released for comment. USCIRF said in part:

“The draft conversion law is irreparably flawed and would contravene Burma’s international commitments to protect freedom of religion or belief.  Such a law has no place in the 21st century, and we urge that it be withdrawn,” said USCIRF Chairman Robert George.  “This draft law, and the three others that may follow, risk stoking continuing violence and discrimination against Muslims and other religious minorities, including Christians.”

The draft conversion law would create a governmental Registration Board to approve all religious conversions.  While stating that “everyone has the freedom to convert from one religion to another,” the draft law would create a system clearly geared to discourage conversion.  

6th Circuit Upholds ACA Contraceptive Mandate Accommodation For Religious Non-Profits

In Michigan Catholic Conference v. Burwell, (6th Cir., June 11, 2014), the U.S. 6th Circuit Court of Appeals denied preliminary injunctions to several Catholic non-profit entities that object to the Affordable Care Act contraceptive coverage accommodation.  The accommodation allows charitable and educational non-profits to opt out of furnishing contraceptive coverage to their employees by completing a form and sending it to their insurer or third party administrator which will then furnishes contraceptive coverage directly. The court rejected arguments by the non-profits that the accommodation rules substantially burden their religious exercise under RFRA.  The court said in part:

appellants appear to ask the court to defer not only to their belief that requesting the exemption or the accommodation makes them complicit in sin, but also to defer to their understanding of how the regulatory measure actually works....  [W]e will independently determine what the regulatory provisions require and whether they impose a substantial burden on appellants’ exercise of religion....

Submitting the self-certification form to the insurance issuer or third-party administrator does not “trigger” contraceptive coverage; it is federal law that requires the insurance issuer or the third-party administrator to provide this coverage.... The government’s imposition of an independent obligation on a third party does not impose a substantial burden on the appellants’ exercise of religion.

The court also rejected plaintiffs' free speech, free exercise and Establishment Clause challenges. Finally the Court rejected plaintiffs' claim that the contraceptive coverage mandate violates the Weldon Amendment designed to allow health care entities to refuse to perform or cover abortions. Plaintiffs contend that certain of the contraceptive methods covered are abortifacients.  The Court refused to defer the plan provider's definition of abortion, saying:

the federal courts will utilize traditional methods of statutory interpretation to determine whether “abortion” in the Weldon Amendment includes FDA-approved emergency contraceptives.

The 6th Circuit also lifted its previously issued stays pending appeal of the lower courts' decisions in the case.  MLive reports on the decision.

Lawyers In British Columbia Want Trinity Western Law School Rejected

In Canada, British Columbia-based Trinity Western, a Christian liberal arts university, has suffered a setback in its efforts to open a law school in 2016. The school is controversial because of the university's "community covenant" which requires staff, faculty and students to refrain, among other things, from sex outside of heterosexual marriage.  As previously reported, earlier this year the benchers of the Law Society of British Columbia voted to approve the proposed law school, making its graduates eligible to enter the Law Society's bar admissions program. Subsequently, however, over 1,000 British Columbia lawyers petitioned the Law Society to allow a vote of the entire membership on the issue.  Canadian Press reports that an advisory vote of the general membership was held on Tuesday and lawyers voted 3,210 to 968 for a resolution calling for the benchers to reject the school. Trinity Western is already in the process of suing law societies in Ontario and Nova Scotia which have refused to approve the school's graduates for bar admission. (See prior posting.)

EEOC Sues Claiming Company Required Employees To Engage In Religious Activities

The EEOC announced yesterday that it has filed suit yesterday in a New York federal district court against Syosset, N.Y.-based United Health Programs of America and its parent corporation for forcing employees to take part in religious activities in the workplace.  According to the EEOC, since 2007 employees have been required to participate in:

group prayers, candle burning, and discussions of spiritual texts. The religious practices are part of a belief system that the defendants' family member created, called "Onionhead." Employees were told wear Onionhead buttons, pull Onionhead cards to place near their work stations and keep only dim lighting in the workplace. None of these practices was work-related. When employees opposed taking part in these religious activities or did not participate fully, they were terminated.

New York Daily News has more on the lawsuit.

Jewish Ancestry of the Late Cardinal John Joseph O'Connor Discovered

The New York Times reported at length yesterday on the newly-discovered Jewish ancestry of the the late Cardinal John Joseph O’Connor.  O'Connor was Cardinal Archbishop of New York for 16 years. It now appears that O'Connor's maternal grandfather was a rabbi, and his mother, who converted to Catholicism in 1908, was born a Jew.  The Cardinal, who apparently never learned of his Jewish roots, was born in 1920 and died in 2000. (Biography.) As Cardinal, O'Connor was strongly supportive of the Jewish community and active in Catholic-Jewish relations.

House Subcommittee Holds Hearing On Religious Liberty In U.S.

Yesterday the U.S. House Judiciary Committee, Subcommittee on the Constitution and Civil Justice held a hearing on The State of Religious Liberty In the United States.  Witnesses from Liberty Counsel, Christian Legal Society, Americans United for Separation of Church and State, and Alliance Defending Freedom testified.  The full text of each witness' prepared remarks is available online, as is a video of the full hearing.

UPDATE: Christian News (June 11) carries an account of an exchange during the hearing between Texas Rep. Louie Gohmert and Americans United leader Rev. Barry Lynn questioning Lynn's Christian beliefs.

DC Circuit Dismisses Suit By Former Gitmo Detainees Claiming Disruption of Religious Practices

In Allaithi v. Rumsfeld, (DC Cir., June 10, 2014), former Guantanamo detainees brought a damage action under the Alien Tort Statute, as well as under the 1st Amendment and RFRA, against various individuals who authorized and supervised their detention.  At issue in this appeal is the claim by certain of the plaintiffs that after they were cleared by the Combatant Status Review Tribunal, but before they were released, they were mistreated in various ways, including disruption of their religious practices. The appeals court agreed with the district court that the individual defendants were acting within the scope of their employment in carrying out the challenged actions.  Therefore the claims should have been brought against the United States government pursuant to 28 USC Sec. 2679(d), and not against the individuals. Center for Constitutional Rights issued a press release discussing the decision.

Another Lawsuit Is Filed Challenging Alabama's Refusal To Recognize Same-Sex Marriages

On Monday, the ACLU filed a federal lawsuit challenging Alabama's refusal to recognize same-sex marriages performed in other states. (Press release). The complaint (full text) in Aaron-Brush v. Bentley, (ND AL, June 9, 2014), was filed on behalf of two women who have been together for 17 years and were legally married in Massachusetts in 2012. They have a 7-year old daughter they are raising together, though Alabama law presently bars them from jointly adopting her.  There are already three other lawsuits in federal courts seeking to require Alabama to recognize same-sex marriages from other jurisdictions.

Kentucky City Passes Ordinance Barring LGBT Discrimination, But With Broad Exemption For Faith-Based Institutions

According to Central Kentucky News, on Monday night, the Danville, Kentucky City Commission, by a vote of 4-1, adopted an ordinance barring discrimination on the basis of sexual orientation or gender identity, but with a broad exclusion for all "faith-based institutions."  An earlier version of the ordinance would not have excluded faith-based institutions that receive a majority of their funding from government agencies.  However last month after Sunrise Children's Services which receives 80% of its funding from the government threatened to sue, Council came up with the new draft containing the broader exemption.  An attempt to go back to the initial version was defeated on Monday by a vote of 3-2.  Mayor Bernie Hunstad, who voted against the final version as well, said that he objects to special protection for individuals "who chose to make an unconventional choice in their method of sexual practices."

Conversion Therapy Victims Can Recover Treble Damages Under New Jersey Consumer Fraud Act

In Ferguson v. JONAH (Jews Offering New Alternatives for Healing), (NJ Super., June 6, 2014), a New Jersey trial court held that plaintiffs who paid defendant for counseling and other methods to purge unwanted same-sex attractions can recover treble damages under the New Jersey Consumer Fraud Act, Sec. 56:8-19 for money spent on therapy to repair the damage done by JONAH's original conversion therapy. The court concluded that those costs constitute the kind of "ascertainable loss" required by the statute before treble damages may be recovered. The Southern Poverty Law Center issued a press release announcing the decision.

9th Circuit: Suit To Claim Nazi Confiscated Artwork Can Proceed

In Von Saher v. Norton Simon Museum of Art at Pasadena, (9th Cir., June 6, 2014), the U.S. 9th Circuit Court of Appeals held in a 2-1 decision that the sole living heir of a Jewish family whose art collection was forcibly "purchased" for a fraction of its value by Nazi leader Herman Goring can proceed with a suit to recover two of the paintings presently in a California art museum. The majority held that the suit. brought under California law, is not in conflict with U.S. foreign policy. Judge Wardlaw dissented.

Czech Court Wipes Away 45 Year Old Convictions of 4 Jehovah's Witnesses

In the Czech Republic last Friday, a court in Pizen entered an order of judicial rehabilitation wiping away the 1969 convictions of four Jehovah's Witnesses who were fined for visiting people and speaking with them about the Bible.  At that time, the Communist regime in the country combated all churches. According to yesterday's Prague Post, Judge Iveta Zítková said that the rehabilitation gives "a sort of moral satisfaction" to the four who are now in their 60's and retired.

Suit Challenges North Dakota's Same-Sex Marriage Ban

Religion News Service reports that on Friday, a federal lawsuit was filed challenging North Dakota's state constitutional and statutory bans on same-sex marriage.  Up to now, North Dakota had been the last state with an unchallenged gay marriage ban.  The complaint (full text) in Ramsay v. Dalrymple, (D ND, filed 6/6/2014) challenges both the ban on same-sex marriages in the state and the state's refusal to recognize same-sex marriages performed elsewhere. It contends that the bans violate the equal protection and due process clauses of the 14th Amendment, and that the non-recognition of out-of-state marriages infringes on the fundamental right to travel. According to Freedom To Marry, there are now ongoing court challenges to same-sex marriage bans and/or non-recognition requirements in 31 states and Puerto Rico. Nineteen states and the District of Columbia already have full marriage equality.

Court Rejects Challenge To New York Vaccination Requirements

In Phillips v. City of New York, (ED NY, June 4, 2014), parents who object to vaccinating their children on religious grounds challenged New York's law that allows religious exemptions.  Even though most of the children involved received an exemption, plaintiffs complain that the state requires them to detail their religious beliefs in order to qualify.  Schools also apparently require unvaccinated children to remain home when any classmate contracts a vaccine-preventable disease. The court dismissed plaintiffs' free exercise, substantive due process and equal protection challenges to the law.

Pope Hosts Prayer Summit With Israeli, Palestinian Presidents

As reported by the New York Times, yesterday Pope Francis hosted a "prayer summit" in the Vatican bringing together Palestinian President Mahmoud Abbas and Israeli President Shimon Peres. Ecumenical Patriarch Bartholomew of Constantinople, head of Orthodox Christians, also attended the ceremony held in a garden behind St. Peter’s Basilica. Vatican Radio has the full text of the remarks of the Pope, President Abbas and President Peres.

Suit Charges Religious Discrimination, Claims Retaliation For Complaining About Training Video Using Nazi Images

Reuters reports on a $40 million federal religious discrimination lawsuit filed Friday in New York by Jean-Marc Orlando, a former managing director at BNP Paribas North America.  Orlando, an Orthodox Jew, claims he was fired after 18 years with the bank because he complained about Nazi imagery in a video he and other managers were shown in 2011 at a training session in Amsterdam. The video was a parody on the depiction of the final days of the Hitler regime, and portrayed BNP's competitor Deutsche Bank as Hitler.

Recent Articles of Interest

From SSRN:

• François Foret, Democratic Representation and Religion. Differences and Convergences between the European Parliament and the US House of Representatives, (Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2014/58 (2014)).
• Paul T. Babie, Private Property in Post Secular Law: An Introductory Foray, (2013 University of Queensland Law Journal 32 (2) p238).
• D. Brian Dennison, The Resonance of Christian Political Conceptions within International Humanitarian Law, (Uganda's Paper Series on International Humanitarian Law, 2013).
• Ryan M. Hrobak & Robin Fretwell Wilson, Emergency Contraceptives or 'Abortion-Inducing' Drugs? Empowering Women to Make Informed Decisions, (Washington and Lee Law Review, Vol. 71, Issue 2, 2014).
• Brett G. Scharffs, Our Fractured Attitude Towards Corporate Conscience, (March 12, 2014).
• Sarah Schiesz, Hezbollah: Before and after the Syrian War, (May 12, 2014).
• Samuel Wolf Calhoune, Justice Lewis F. Powell's Baffling Vote in Roe v. Wade, (71 Wash. & Lee L. Rev. 925 ( 2014).
• Meg Mary Margaret Penrose, Unbreakable Vows: Same-Sex Marriage and the Fundamental Right to Divorce, (58 Villanova Law Review 169 (2013)).
• Muhammad Munir, The Law of Khul' in Islamic Law and the Legal System of Pakistan: The Sunnah of the Prophet or Judicial Ijtihad?, (May 24, 2014).

From SmartCILP and elsewhere:

• Mark Goldfeder, The Adoption of Children In Judaism and In Israel; A Conceptual and Practical Review, 22 Cardozo Journal of International & Comparative Law 321-353 (2014).
• Daniel Ross Goodman, Ethical Falsehood: Towards A Moral Values Paradigm In False-Speech Adjudication, [Abstract], 55 South Texas Law Review 71-112 (2013).
• Austin R. Nimocks, History and Recent Developments in Same-Sex Marriage Litigation, Federalist Society State Courts Project White Paper (May 28, 2014).
• Brian J. Grim, Greg Clark & Robert Edward Snyder, Is Religious Freedom Good for Business?: A Conceptual and Empirical Analysis, 10 Interdisciplinary Journal of Research on Religion, Article 4, 2014.

Judge's Religious References In Sentencing Did Not Prejudice Defendant

In State of North Carolina v. Earls, (NC App., June 3, 2014), a North Carolina appellate court held that a defendant who was convicted on charges of rape, incest and taking indecent liberties with a child was not prejudiced by the trial judge's references to the Bible and divine judgment in sentencing him to 45 to 55 years in prison. [Thanks to Alliance Alert for the lead.]

Pro-Marriage Group Entitled To Actual Damages For Erroneous IRS Release of Donor Data

In National Organization for Marriage, Inc. v. United States, (ED VA, June 3, 2014), a non-profit organization whose purpose is "to protect marriage and the faith communities that sustain it" sued the federal government under 26 USC Sec. 7431 for damages growing out of the IRS's unauthorized release in 2011 of Schedule B of the organization's Form 990. Schedule B lists donors of over $5000 to the organization and should have been redacted before releasing the Form 990 in response to a media request.  The Schedule B was ultimately published by the Huffington Post along with an article focusing on the fact that it showed a $10,000 donation by a political action committee associated with Mitt Romney. The court held that plaintiff is entitled to actual damages, but not to punitive damages for willful disclosure or gross negligence.  The court also dismissed plaintiff's unauthorized inspection claim.

European Court Says Turkey Mistreated Jehovah's Witness Conscientious Objectors

In Buldu and Others v. Turkey, (ECHR Second Section, June 3, 2014) (full text in French), the European Court of Human Rights held that Turkey violated the European Convention on Human Rights Art. 3 (inhuman and degrading treatment) and Art. 9 (freedom of thought conscience and religion) in its prosecution and conviction of four Jehovah's Witnesses who were conscientious objectors to military service. It also held that Turkey violated Art. 6, Sec. 1 (fair trial) as to one of the petitioners who complained that he had had to appear as a civilian before a court made up exclusively of military personnel. The court (in an appealable Chamber Judgment) awarded substantial amounts in damages to each petitioner. More information on the decision is available in the Court's English language press release, and from Law & Religion UK blog.