Religion Clause

Tuesday, December 16, 2014

9th Circuit En Banc Hears Arguments In "Innocence of Muslims" Case

The U.S. 9th Circuit Court of Appeals yesterday, sitting en banc, heard arguments in Garcia v. Google Inc. Ten of the 11 judges on the en banc panel heard the oral arguments live. It was announced that Judge Berzon was unable to be in the courtroom, but would listen to the video of arguments at a later date. The video of the full oral arguments is available on the 9th Circuit's YouTube channel. In the case, the 3-judge panel, in a 2-1 decision, held that a preliminary injunction should be granted to require the controversial film "Innocence of Muslims" to be removed from YouTube. The suit was filed by Cindy Lee Garcia who acted in a portion of the film, had received death threats because of it, and claimed that the video posting amounted to a copyright infringement of her performance. (See prior posting.) All the pleadings and amicus briefs filed with the 9th Circuit are available here. Courthouse News Service reports on yesterday's oral arguments. [Thanks to How Appealing for the lead.]

Pastor Brings Unusual Anti-Gay Marriage Protest To Courthouse

In Jackson, Mississippi on Friday, a Baptist pastor brought an unusual protest against the legalization of same-sex marriage to the federal courthouse. Christian Post reports that Reverend Edward James of Bertha Chapel Missionary Baptist Church brought a horse clothed in a wedding dress, with white flowers in its harness, to the courthouse, along with a protest sign reading in part: "Do you take this horse to be your unnatural wedded spouse.... This might even be possible if the ban on same-sex marriage is lifted...." James hopes to change the mind of the federal district judge who struck down Mississipi's same-sex marriage ban last month. The court's order has been stayed pending appeal. (See prior posting.)

Report Released On Counseling of Sex Abuse Victims At Bob Jones University

Last week, Bob Jones University released a 300-page Final Report (full text) growing out of an investigation by the non-profit organization GRACE of the University's inadequate counseling of students who disclosed that they were sexually abused as a child, or were sexually abused after they enrolled at Bob Jones University or its Academy. Calling attention to the Report, yesterday's Daily Beast says in part:

At this point, there are so many sex scandals among conservative religious organizations, we’re no longer surprised by any of them. The latest revelation—that for decades, the evangelical Bob Jones University blamed victims of sexual assault and discouraged the prosecution of predators—should be shocking, but probably isn’t.

Yet, the recent report on BJU’s misconduct is different. Unusually for such a document, it makes a theological case against sexual abuse—but in so doing, it points to the deep roots of rape culture that may not be so easily uprooted.

Indictment Charges Fraud In Export of Supposed Halal Meat

On Dec. 5, the U.S. Attorney for the Northern District of Iowa announced the indictment of three related corporations and two corporate officials on charges of extensive fraud in the export sale of meat represented to be "halal." The indictment in United States v. Aossey, (ND IA, Dec. 5, 2014) (full text) charges defendants with conspiracy to make and use false statements on documents, sell misbranded meat, commit mail and wire fraud and sell misbranded meat. This indictment expands on charges and individuals targeted in an earlier indictment in October. (Background). Export Law Blog summarizes the new charges against Midamar Corp., Islamic Services of America, ISA, Inc., Jalel Aossey and William Aossey:

The initial indictment charged William Aossey Jr. with falsely stating on export certificates that meat had been slaughtered in a Halal-certified slaughterhouse.

The new indictment adds Mr. Aossey’s sons and Midamar itself.... [A] central part of Midamar’s [defense] was that even if the meat was not slaughtered in Halal-certified slaughterhouses, the meat was still Halal meat as represented by the company.

The facts set forth in the new indictment seem to be directly aimed at this argument, going into the specific ways in which the slaughtered meat did not comport with the Halal standards that Midamar detailed on its own website.

Monday, December 15, 2014

Lawsuits Seek To Reform Curriculum of Ultra-Orthodox Jewish Schools

The Jerusalem Post yesterday reported at length on lawsuits in New York state and Quebec, Canada to force ultra-Orthodox Jewish schools to meet government-mandated secular curriculum standards. The suit in New York was brought by Naftuli Moster, founder of YAFFED (Young Advocates For Fair Education), while the suit in Quebec was brought by Yochanan Lowen, a former member of the Satmar hassidic community. In an article last month, the New York Times reported on the issue from the perspective of Mr. Moster. The issue has also been a heated one in Belgium where educational authorities are pressing Orthodox Jewish school on the content of their secular curriculum.

Sunday, December 14, 2014

Backgrounder On Lawsuit By NJ Methodist Congregation Against United Methodist Church

The Record today carries a long article about a lawsuit filed this summer by Alpine Community Church (in Alpine, New Jersey) against the Greater New Jersey Annual Conference of the United Methodist Church over ownership of church property. Here are some excerpts from the article:

Here in one of America’s priciest ZIP codes, a bitter dispute is bubbling at a beloved local landmark over religion and money, property and race, spilling from its pews and into the courts.

At its heart is ownership of the Alpine Community Church, a sanctuary with a storied history, millions of dollars in assets, and a tiny congregation. Its trustees have voted to cut ties with the United Methodist Church and say they want to preserve it as a church for all who want to worship there.....

Court papers attest to the turmoil, with trustees alleging church funds were used to fuel the “luxurious lifestyle” of a former pastor appointed by the conference, causing some members to stop attending services and making donations.....

The former pastor at the center of the controversy is the Rev. Hae-Jong Kim, who roughly six years ago, in his retirement, was assigned to serve the Alpine church part time. Kim was the first Korean-American bishop in the UMC but resigned that post nearly a decade ago as part of the resolution of an unrelated complaint filed against him.

The lawsuit accuses Kim of misusing church funds; trustees allege that when evidence of forged checks, missing donations and more was presented to the conference, nothing was done....

Recent Prisoner Free Exercise Cases

In Chavis v. United States, (3d Cir., Dec. 12, 2014), the 3rd Circuit affirmed the dismissal of an inmate's claim that a correctional officer's pat down search of his genital area violated his free exercise rights because his religion prohibits homosexual activity.

In Goninan v. Holmes, 2014 U.S. Dist. LEXIS 169213 (D OR, Dec. 4, 2014), an Oregon federal magistrate judge dismissed an inmate's challenge to the prison system's ban on the Satanic Bible and certain other Satanic publications.

In Powers v. Clarke, 2014 U.S. Dist. LEXIS 170322 (ED VA, Dec. 8, 2014), a Virginia federal district court dismissed an inmate complaint that the prison system classified the Nation of Gods and Earths as a gang rather than a spiritual organization.

In Hamilton v. Carr, 2014 Cal. App. Unpub. LEXIS 8811 (CA App., Dec. 11, 2014), a California appeals court affirmed the dismissal of an inmate's claim that a correctional officer violated California's Bane Act when he pulled plaintiff's kufi cap off his head and yelled "get out of here."

Congress Gives Final Passage To Defense Authorization Act Including Provisions On Mt. Soledad Transfer

On Friday, the Senate gave final approval and sent to the President for his signature H.R. 3979, the National Defense Authorization Act for Fiscal Year 2015 (full text). The Act includes a provision (Sec. 2852) calling for the sale of the Mt. Soledad Veteran's Memorial to the privately incorporated Mount Soledad Memorial Association. The provision, sponsored by Sen. Diane Feinstein, is intended to end the long-running litigation challenging the Memorial's cross as a violation of the Establishment Clause. (See prior posting.) Politico reports on the Act's passage.

The Act also contains provisions regarding the National Park System, including (Sec. 3051) a requirement that the Secretary of the Interior conduct studies to determine whether various sites should be designated as national parks. Among these sites are properties in Flushing, New York relating to the history of religious freedom during the era of the signing of the Flushing Remonstrance; and Atlanta's West Hunter Street Baptist Church (background).

The Act as passed does not include provisions in an earlier House version relating to military chaplains and religious expression. (See prior posting.)

Saturday, December 13, 2014

Saperstein Confirmed As International Religious Freedom Ambassador

In a roll call vote yesterday, the U.S. Senate confirmed the nomination of Rabbi David Saperstein to be Ambassador-at-Large for International Religious Freedom. The vote was 62-35. All but one of the "Nay" votes were cast by Republicans. As reported by The Forward, Saperstein is the first non-Christian to hold the international religious freedom ambassadorship. Some conservative Christian groups had opposed Saperstein, who has been director of Reform Judaism's Religious Action Center, because of his disagreement with the Supreme Court's Hobby Lobby decision and his generally liberal views on other issues. (The Blaze, July 29, 2014).

Friday, December 12, 2014

Dallas Eases Restrictions On Feeding of Homeless; Settles Lawsuit

Last year, a Texas federal district court held that Dallas' Food Establishment Ordinance imposing strict requirements on organizations feeding the homeless violates the Texas Religious Freedom Restoration Act. (See prior posting.) On Wednesday Dallas City Council, as part of a settlement of the lawsuit, adopted amendments lightening the burdens on those feeding the homeless. As reported by Think Progress:

The original Dallas ordinance required charities that wished to feed the homeless to provide bathrooms and running water, effectively restricting the groups to a handful of sites rather than allowing them to go to where the need was greatest. It also required them to register with the city no matter how large or small their food program might be, with the threat of a $2,000 fine for violators.....

Instead of running water and hand-washing facilities, street feeding programs may now use hand sanitizer. They only need to notify the city if they plan to serve more than 75 people, and must abide by some basic food safety guidelines.

According to the Dallas Morning News, the city also voted to pay a total of $250,000 for damages and attorneys fees to to Big Hart Ministries Association and Rip Parker Memorial Homeless Ministry.

Facebook Ad In Burma Lands Bar Managers In Jail For Insulting Religion

A court in Yangon, Burma yesterday denied bail to the owner and two managers of VGastro, a new upscale bar and tapas restaurant in the city's embassy area who are charged with insulting religion through an ad on the bar's Facebook page. AFP reports that the offensive ad depicted a psychedelic mock-up of the Buddha wearing DJ headphones to promote a cheap drinks night. The three defendants were charged with violating Myanmar Penal Code Sec. 295 (defiling a sacred object with the intent to insult religion) and Sec. 295A (insulting religious beliefs through written words or representations). Each charge carries a punishment of up to two years in prison. The court ruled that these were no-bail offenses and remanded the men into custody until the next hearing on Dec.18. A monk speaking for the Burmese Patriot Monks Union said: "We will wait and see what action the authorities take. We will do what we need to, if the authorities do not take action."

Thursday, December 11, 2014

In Germany, Humanist Students Now Can Get Holiday Excused Absence

AP reported yesterday that in Germany, the schools in Berlin have officially recognized World Humanist Day (June 21) as a holiday for which Humanist students can obtain an excused absence. This places the day on the same plane as religious holidays such as All Saints Day, Yom Kippur or Eid al-Fitr for which students of other faiths can get excused absences. [Thanks to Scott Mange for the lead.]

Colorado Supreme Court Hears Arguments On School Vouchers

The Colorado Supreme Court yesterday heard oral arguments (audio of full arguments) in Taxpayers for Public Education v. Douglas County School District. In the case, the state court of appeals upheld Douglas County, Colorado's "Choice Scholarship Program" under which parents of eligible students can obtain vouchers covering a portion of the tuition costs of sending their children to certain private schools, a majority of which have religious affiliations. (See prior posting.) AP reports on the oral arguments.

CDC Proposes Recommendations Strongly Favoring Male Neonatal Circumcision

Last week the federal government's Centers for Disease Control released for comment (Dec. 2 Federal Register) recommendations for health-care providers who are counseling male patients and parents regarding male circumcision. (Full text of Recommendations). The recommendations focus on the benefits of male circumcision in preventing transmission of HIV and other sexually transmitted infections, and strongly recommend neonatal circumcision of boys-- a practice consistent with Jewish and some Muslim traditions. The recommendations are positive, but more cautious, as to circumcision of adolescent and adult males. The San Francisco Chronicle reports on reactions to the recommendations.

Polish Constitutional Tribunal Rules Ban On Ritual Slaughter Unconstitutional

Poland's Constitutional Tribunal ruled yesterday, in a 5-4 decision, that a ban on kosher and halal slaughter of animals is unconstitutional. JTA reports that the ruling came in a case filed by the Union of Jewish Religious Communities in Poland and other organizations claiming that the ritual slaughter ban that went into effect last year violates the European Convention on Human Rights. As previously reported, in late 2012 the Constitutional Tribunal held that Jewish and Muslim ritual slaughter of animals without first stunning them violates Poland's animal protection laws. That ruling ended a $500 million industry in the country of processing halal and kosher meat for export. Poland's Parliament will now take up a bill drafted by the National Council of Agricultural Chambers that would legalize ritual slaughter. Jerusalem Post reports on the tensions between local Polish Jewish leaders and the Brussels-based European Jewish Association that arose over choice of strategies to fight the ritual slaughter ban.

In Reversal, Kentucky Denies Tax Incentives To Noah's Ark Theme Park

The Louisville Courier-Journal reported yesterday that Kentucky's Tourism, Arts and Heritage Cabinet has now turned down a request by a proposed Noah's Ark theme park for $18 million in sales tax rebate incentives, despite earlier preliminary approval of the request. The state says that Ark Encounter has changed it position on hiring and now intends to discriminate in hiring on the basis of religion. The state also says that the park has evolved from a tourist attraction into a project to promote a literal reading of the Biblical book of Genesis. The state's Tourism Secretary said:

State tourism tax incentives cannot be used to fund religious indoctrination or otherwise be used to advance religion.

Attorneys for Ark Encounter say that federal and state law allow it, as a religious institution, to hire on the basis of religion, and that refusing to allow it to participate in tax incentives amounts to unconstitutional viewpoint discrimination. They say they will have no choice but to sue. (See prior related posting.)

Challenge To School Board Invocation Policy Dismissed On Standing Grounds

WIS-TV News reported yesterday on the dismissal by a Wisconsin federal district court of a challenge to the invocation policy at school board meetings in School District Five of Lexington & Richland Counties, Wisconsin. The suit originally also challenged the District's policy on prayer at graduation (see prior posting), but the parties previously settled that claim after the school district revised its policy to allow student speakers to determine the content of their own messages. Then in Nielson v. School District Five of Lexington & Richland Counties, (D SC, Oct. 22, 2014), the federal district court dismissed claims seeking an injunction and declaratory judgment as to the school board invocations because "none of the Individual Plaintiffs attended a Board Meeting after the August 2013 Invocation Policy became effective and none remain students in District Five." The court added, however, that plaintiffs could still pursue damage claims growing out of pre-2013 prayer practices. But on Dec. 1, the court ordered dismissal of the action without prejudice, noting that the parties had settled the case. (Full text of dismissal order.)

Wednesday, December 10, 2014

Today Is International Human Rights Day

Today is International Human Rights Day-- a date set by the United Nations General Assembly in Res. 423(V) to celebrate the adoption on Dec. 10, 1948 of the Universal Declaration of Human Rights. The U.N. announced that this year's theme is "Human Rights 365." In a press release, the U.S. Commission on International Religious Freedom says it is marking the occasion by highlighting prisoners of conscience around the world, particularly those imprisoned because of their faith or belief.

UPDATE: The White House on Dec. 9 issued a Presidential Proclamation (full text) declaring Dec. 10 to be Human Rights Day and the week beginning Dec. 10 to be Human Rights Week.

2nd Circuit Dismisses Alien Tort Suit Charging Catholic Orders With Human Trafficking

The U.S. Second Circuit Court of Appeals has dismissed an Alien Tort Statute suit brought against several Catholic religious orders charging human trafficking, In Ellul v. Congregation of Christian Brothers, (2d Cir., Dec. 8, 2014), the Second Circuit concluded that the Supreme Court's decision last year in the Kiobel case holding that the Alien Tort Statute does not apply extraterritorially requires dismissal of most of plaintiffs' claims. The remainder must be dismissed on statute of limitations grounds. The suit alleged "shocking violations of internationally accepted norms." As described by the court:

Plaintiffs’ claims stem from an alleged “child migration” program undertaken in the aftermath of World War II. As part of the scheme, the purpose of which was to populate Australia with “pure white stock” from Britain and “working boys” from Malta..., defendants allegedly took plaintiffs away from their families as children, falsely told them that their parents had died or abandoned them, and transported them to Australia, where plaintiffs and other children were made to work essentially as slaves, for long hours without pay, and were subjected to extreme physical and, in some cases, sexual abuse.