Israelis Bar Transgender Woman From Western Wall

YNet News  and Jerusalem Post  report that in Israel on Tuesday a transgender woman was turned away from the women's section of the Western Wall in Jerusalem. When Kay Long, who no longer identifies or dresses as a male, approached the women's section, she was turned away by an Orthodox Jewish woman patrolling the section who told her the section was for women only. When Long approached the men's section, Orthodox men yelled at her pointing her toward the women's section.

Synagogue Board Improperly Denied Congregational Vote On Rabbi's Retention

In Kamchi v. Weissman, (NY App., Dec. 31, 2014), a New York state appellate court interpreted the provisions of New York's Religious Corporation Law that apply to synagogues as giving wide authority to the congregational membership.  At issue was the synagogue Board of Trustee's refusal to permit a congregation-wide vote on renewal or extension of the rabbi's employment contract after the Board decided not to extend or renew it.  Members of the congregation and its ousted rabbi sued seeking a declaratory judgement that their rights had been violated and damages for tortious interference with prospective economic relations and defamation. The court held that the the congregation's authority is governed by NYRCL Sec. 200 that provides:

A corporate meeting of an incorporated church, whose trustees are elective as such, may give directions, not inconsistent with law, as to the manner in which any of the temporal affairs of the church shall be administered by the trustees thereof; and such directions shall be followed by the trustees. The trustees of an incorporated church to which this article is applicable, shall have no power to settle or remove or fix the salary of the minister....

The court held that the Board,  by refusing to allow the Congregation to act, usurped the Congregation’s authority. It also held that the trial court should not have dismissed the rabbi's defamation claim. [Thanks to Jeff Pasek for the lead.]

Egyptian President Calls For Unity and Islamic Reform As Coptic Christmas Is Celebrated

Today is the date on which Coptic Christians celebrate Christmas.  Egyptian Streets reports that President Abdel Fattah al-Sisi has become the first Egyptian President to attend Christmas Mass. In an unannounced visit to Cairo's Abbasiya Cathedral, al-Sisi extended Christmas greetings and urged Egyptians to remain united. His appearance comes after masked gunmen yesterday shot and killed two policemen guarding a Coptic Christian church in the southern Egyptian city of Minya. (Al Ahram)

Meanwhile, Middle East Forum reports on a speech made by al-Sisi on New Year's Day before Al-Azhar and the Awqaf Ministry calling for a different vision for Islam. Al-Sisi said in part:

It's inconceivable that the thinking that we hold most sacred should cause the entire umma [Islamic world] to be a source of anxiety, danger, killing and destruction for the rest of the world. Impossible!

... [T]hat corpus of texts and ideas that we have sacralized over the years... is antagonizing the entire world.... Is it possible that 1.6 billion people [Muslims] should want to kill the rest of the world's inhabitants—that is 7 billion—so that they themselves may live? Impossible!

... I say and repeat again that we are in need of a religious revolution. You, imams, are responsible before Allah. The entire world, I say it again, the entire world is waiting for your next move… because this umma is being torn, it is being destroyed, it is being lost—and it is being lost by our own hands.

[Thanks to Geoff Rapp for the leaad.]

Terrorists Attack French Satirical Magazine

In a still developing story from France, at least 12 people were killed and 4 others critically wounded today in a terrorist attack by two heavily armed gunmen at the Paris offices of the satirical magazine Charlie Hebdo.  The magazine has been a target in the past because of its publishing of cartoons depicting the Prophet Muhammad or satirizing Islamic law.  The magazine has also satirized other religious groups. CNN reports on today's attack in a post that is being updated on a continuous basis.

Indiana Supreme Court Interprets Civil Rights Commission Jurisdiction Over Educational Matters Narrowly

In Fishers Adolescent Catholic Enrichment Society, Inc. v. Bridgewater, (IN Sup. Ct., Jan. 6, 2015), the Indiana Supreme Court held that the state's Civil Rights Commission exceeded its authority when it adjudicated disability discrimination and retaliation claims growing out of a dispute between members of a group ("FACES") created to provide homeschool high schoolers with Catholic educational, spiritual, and social enrichment. A family filed a discrimination complaint with the Civil Rights Commission when FACES refused to make health-related dietary accommodations for their daughter at an "All Souls' Day Masquerade Ball" dinner-dance. The complaint led to the family's being expelled from FACES.

The Indiana Civil Rights Law, Sec. 22-9-1-3(l), bars discriminatory practices only when they relate to "the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit." The Supreme Court said:

The dinner-dance at which Mrs. Bridgewater contends that FACES failed to accommodate her daughter's food allergy furthered ... Catholic spiritual and social enrichment. It was not an occasion for the teaching of academic subjects as part of the student's curriculum.... The alleged disability discrimination thus occurred at a quasi-religious social function, not an educational one. To expansively interpret "relating to . . . education," ... to apply to this dinner would convert almost every occasion of parental guidance and training into an activity "related to education." This would eviscerate the function of "related to education" as a legislative prerequisite for the Commission's enforcement powers.

Justice Rucker dissented.

Thomas More Society issued a press release announcing the decision.

2nd Circuit Upholds Eruv Against Establishment Clause Attack

In Jewish People for the Betterment of Westhampton Beach v. Village of Westhampton Beach, (2d Cir., Jan. 6, 2015), the U.S. Second Circuit Court of Appeals held that the Long Island Power Authority did not violate the Establishment Clause when it entered a licensing agreement permitting a Jewish organization to attach inconspicuous staves (known as lechis) to utility poles in order to create an eruv. Applying the Lemon test, the court said in part:

Neutral accommodation of religious practice qualifies as a secular purpose under Lemon.... No reasonable observer who notices the strips on LIPA utility poles would draw the conclusion that a state actor is thereby endorsing religion.

Newsday reports on the decision.

Injunction Issued In Contraceptive Mandate Case On Remand From Supreme Court

On remand from the U.S. Supreme Court after its Hobby Lobby decision (see prior posting), in Autocam Corp. v. Burwell, (WD MI, Jan. 5, 2014), a Michigan federal district court issued a permanent injunction barring enforcement of the Affordable Care Act contraceptive coverage mandate against Autocam Medical, LLC. Members of a Catholic family were the CEO and controlling owners of Autocam. The injunction covered:

those provisions of federal law in existence on June 30, 2014, when the Supreme Court decided Hobby Lobby, that require plaintiff Autocam Medical, LLC, to  provide its employees with health coverage for contraceptive methods, sterilization procedures, and related patient education and counseling to which  plaintiff objects on religious grounds.

Thomas More Society issued a press release announcing the decision.

Study Provides Religious Affiliation of Members of Incoming Congress

Pew Forum yesterday published its study of The Religious Composition of the 114th Congress which is sworn in today. It is 57.2% Protestant; 30.7% Catholic; 5.2% Jewish; 3% Mormon.  Other faiths represented include Orthodox Christian, Buddhist, Muslim, Hindu and Unitarian-Universalist. Only 1 member of the incoming Congress is listed as Unaffiliated, while 20% of American adults say they are unaffiliated.  The full report has additional details on members' religious affiliations.

Religious School Exempt From Arizona Unemployment Insurance Tax

In Above and Beyond Child Care Inc. v. State of Arizona, (App. Bd., Dec. 19, 2014), the Arizona Department of Economic Security Appeals Board held that a church-affiliated pre-school and K-6 elementary school is exempt from the state unemployment insurance law.  The state had contended that the exemption for organizations operated primarily for religious purposes does not apply because the school's primary purposes are child care and teaching of secular subjects. The appeals board disagreed, holding that the school's teaching personnel are not covered by unemployment insurance.  It emphasized that the school's curriculum and class operations are infused with religious faith. An ADF press release last month announced the decision.

5 Church Members Indicted For Assault and Kidnapping In Efforts To Cure Teen of Homosexuality

The Shelby (NC) Star reported yesterday on the kidnapping and assault indictments last month of five members of a North Carolina church growing out of their attempts to break a 19-year old young man free of homosexual "demons."  Matt Fenner, who had joined the World of Faith Fellowship Church in Spindale, NC, says some 20 church members joined 3 others that had taken him to the back of the sanctuary.  Begining with "blasting"-- a high-pitched screaming prayer--, the groups's efforts at eliminating Fenner's homosexuality  led to their pushing, hitting and screaming at him for two hours in January 2013. Fenner says he had to press authorities to investigate.  The church's attorneys say that the charges are "an absolute complete fabrication." Apparently the 750-member church that operates a 35-acre complex in Spindale has been accused for years of exerting excessive control over its members. The church has also posted a denial on its website, saying "it is clear that [Fenner] has been influenced by several individuals who have vowed to destroy our church."

Challenge To Florida School Choice Expansion Dismissed On Standing Grounds

In Faasse v. Scott, (FL Cir. Ct., Dec. 30, 2014), a Florida state trial court dismissed for lack of standing a suit by Florida teachers challenging a statute passed last year expanding private-school choice by creating Personal Learning Scholarship Accounts for special needs students and expanding the existing Florida Tax Credit Scholarship Program.  Plaintiffs contended that SB 850 violates the state constitution's single subject requirement.  The court held that plaintiffs failed to show that they suffered any special injury. Links to all the pleadings in the case are available here.  RedefinED reported on the decision.

Law Aimed At Religion-Based Terrorists On Fast Track In Pakistan's Parliament

In Pakistan on Saturday, the government introduced two new bills in response to the Taliban terrorist attack last month on the Army Public School in the city of Peshwar that killed 145 people (including 132 schoolchildren). The bills will sunset after two years. As reported by The News, The Constitution (21st Amendment) Bill, 2015, will allow terrorists to be tried in military courts. The Pakistan Army Act, 1952 (Amendment) Bill, 2015 (full text) adds provisions aimed specifically at terrorist groups acting in the name of a religion:

any person who is or claims or is known to belong to any terrorist group or organization using the name of religion or a sect and raises arms or wages war against Pakistan or attacks the Armed Forces of Pakistan and law enforcement agencies, or attacks any civil or military installations in Pakistan or kidnaps any person for ransom or causes death of any person or injury, or is in possession, storage, fabrication or transport of explosives, fire-arms, instruments, articles, suicide jackets or vehicles designed to be used for terrorist acts, or receives or provides funding from any foreign or local sources for such illegal activities and acts or does any act to overawe the state or any section of the public or a sect or a religious minority or to create terror or insecurity in Pakistan or attempts to commit any of the said acts, within or outside Pakistan shall be punished under this Act;

It is expected that the bills will pass in Parliament quickly.

Recent Articles, Book and Movie of Interest

From SSRN:

• Lina Triantafyllia Papadopoulou, Religious Jurisdictions and the Pluralisation of Legal Adjudication: The Emergence of Parallel Religious Jurisdictions in Greece, (August 28, 2014).
• M. Christian Green, From Social Hostility to Social Media: Religious Pluralism, Human Rights, and Democratic Reform in Africa, (African Human Rights Law Journal 14:1 (May 2014): 93-125).
• Mumtaz Ahmad Shah, Jammu and Kashmir: Understanding Identity and Difference, (December 21, 2014).
• Archana Mishra, Breaking Silence - Christian Women's Inheritance Rights Under Indian Succession Act, 1925, (December 25, 2014).
• Raphael Cohen-Almagor, Countering Hate on the Internet, (Annual Review of Law and Ethics, Vol. 22 (2014), pp. 431-443).
• Stephen G. Gilles, Does the Right to Elective Abortion Include the Right to Ensure the Death of the Fetus?, (January 2, 2015).
• Samuel William Bettwy, The Potential of Transnational Cinema to Counter Islamic Extremism, (CTX Journal, vol. 4, No. 4, November 2014).

From SmartCILP:

• Brett A. Geier, Texas Cheerleaders and the First Amendment: Can You Cheer for God At a Football Game?, 33 Mississippi College of Law Review 65-88 (2014).
• Rachel Wagley, The Quiet Audience: U.S. Responsibility To Call For an International Investigation Into Crimes Against Muslims in Burma, 28 Emory International Law Review 43-61 (2014).
• The Multicultural State and the Religiously Neutral State. Reply to Paul Cliteur by Phil Ryan [abstract]; rejoinder by Paul Cliteur [abstract]. 12 I.Con: Int'l J. Const. L. 457-467 (2014).

Recent book:

• Marc Solomon, Winning Marriage: The Inside Story of How Same-Sex Couples Took on the Politicians and Pundits—and Won, (ForeEdge, Nov. 2014), reviewed by The Daily Beast.

Recent movie:

• One Generation Away: The Erosion of Religious Liberty, (American Family Studios, Sept. 2014), reviewed by The Forward.

FFRF Moves Into Expanded Headquarters

LaCrosse (WI) Tribune reports that the Freedom From Religion Foundation headquartered in Madison, Wisconsin last week saw its staff begin the move into the four stories added to its headquarters as part of an over $3 million expansion.  The addition quadrupled the office space of the organization which is one of the leading legal advocacy groups promoting separation of church and state.  A second phase of the project will remodel the original part of the FFRF headquarters.  The FFRF staff will be expanded from 14 to 17.

Illinois Health Care System Pension Plan Is Not Exempt From ERISA As A "Church Plan"

In Stapleton v. Advocate Health Care Network, (ND IL, Dec. 31, 2014), an Illinois federal district court held that the defined benefit pension plan of Illinois' largest health care provider is not exempt from ERISA as a "church plan." Advocate is  affiliated with the United Church of Christ and the Evangelical Lutheran Church in America.  The court held that under ERISA a plan which is maintained merely by an organization associated with a church does not qualify for the exemption unless the plan was initially established by a church itself. In reaching its conclusion, the court refused to defer to a contrary opinion in an Internal Revenue Service private letter ruling issued to Advocate. Reporting on the decision, BNA Daily Report for Executives (Jan. 2) [subscription required] points out that this is the third district court to hold that this type of plan does not qualify for an exemption, while two district courts have held they are exempt.  Numerous other cases are pending.

Recent Prisoner Free Exercise Cases

In Shehee v. Anlin, 2014 U.S. Dist. LEXIS 177898 (ED CA, Dec. 25, 2014), a California federal magistrate judge dismissed with leave to amend a civil detainee's complaint regarding problems in connection with a requested religious diet.

In Flippin v. Vaughn, 2014 U.S. Dist. LEXIS 178053 (WD KY, Dec. 30, 2014), a Kentucky federal district court permitted a pre-trial detainee to move ahead with his complaint that he was denied the right to attend church after he was placed in administrative segregation due to overcrowding.

In Curry v. Bradt, 2014 U.S. Dist. LEXIS 176210 (WD NY, Dec. 19, 2914), a New York federal district court accepted a magistrate's recommendation (2014 U.S. Dist. LEXIS 178826, Dec. 2, 2014), and denied a TRO and preliminary injunction to a Muslim inmate who complained that only one of the two meals furnished to inmates on a Ramadan diet was a hot meal.

IRS Updates Instructions For Small Charities Seeking Exempt Status

In Internal Revenue Bulletin 2015-1 (Jan. 2, 2015), the IRS has published Rev. Proc. 2015–5 (scroll to pg. 186) .  The Revenue Procedure updates the instructions for small organizatons seeking a ruling on their tax-exempt status under Sec. 501(c)(3) using Form 1023-EZ.

Florida District Court Judge Attempts To Clarify Injunction In Same-Sex Marriage Case

A Florida federal district court has ruled on a motion to clarify a preliminary injunction it previously issued in a suit challenging Florida's ban on same-sex marriage. (See prior related posting.) At issue was whether the court's ruling did more than require a marriage license be issued to the specific couple who filed suit. In Brenner v. Scott, (ND FL, Jan. 1, 2015), the court said:

Reasonable people can debate whether the ruling in this case was correct and who it binds. There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case. And a clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney’s fees.

The Clerk has acknowledged that the preliminary injunction requires her to issue a marriage license to the two unmarried plaintiffs. The Clerk has said she will do so. In the absence of any request by any other plaintiff for a license, and in the absence of a certified class, no plaintiff now in this case has standing to seek a preliminary injunction requiring the Clerk to issue other licenses. The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses. As in any other instance involving parties not now before the court, the Clerk’s obligation to follow the law arises from sources other than the preliminary injunction.

As reported by SCOTUSblog, immediately following this decision the law firm advising court clerks changed the advice it had previously given and said:

Greenberg Traurig has advised the Florida Association of Court Clerks and Comptrollers that clerks should follow the judge's ruling for all marriage-license applications or face the consequences identified by Judge Hinkle.

However, apparently Judge Hinkle's opinion still left some ambiguity.  Liberty Counsel issued a press release yesterday stating in part:

Nearly all media outlets... are grossly mischaracterizing the effect of the ruling....The error is likely the result of the order's condescending lecture to clerks on why they should bow to the August injunction even though they are not bound by it. Judge Hinkle’s lecture, however, has no force of law, and only invites lawlessness throughout the state.

Ghana's Top Shia Imam Calls For Political Steps

GhanaWeb yesterday published the New Year message from the Shia National Imam of Ghana. The message set out a political agenda, calling for support of Palestinians in Gaza and promoting the battle against Muslim extremists. The Imam made an extensive appeal to fight corruption in Ghana, contending: "Corruption seems to have permeated our society from governments, politicians, religious leaders, government functionaries and top public servants."  While congratulating the government on 2014 Hajj arrangements, he additionally called for reform:

I reiterate and hope that government will harness more capabilities and commit Hajj under the full control of Muslims by setting up a permanent National Hajj Commission to organize Hajj in Ghana as previously promised.

A Survey of Law School Books On Law and Religion

With the new semester beginning in U.S. law schools, here is a listing casebooks and other publications designed for courses in law and religion:

Ravitch and Backer's Law and Religion: Cases, Materials, and Readings, 3d, (West, 2015).

Edward J. Larson, Creationism in the Classroom: Cases, Statutes, and Commentary, (West, 2013).

Leslie C. Griffin, Law and Religion: Cases and Materials, 3d, (Foundation Press, 2013).

Michael W. McConnell, John H. Garvey, Thomas C. Berg, Religion and the Constitution, Third Edition, (Wolters Kluwer, 2011).

Hon. John T. Noonan Jr. & Edward M. Gaffney Jr., Religious Freedom: History, Cases, and Other Materials on the Interaction of Religion and Government, 3d, (West, 2010).

Leslie C. Griffin, Law and Religion: Cases in Context, (Wolters Kluwer, 2010).

W. Cole Durham & Brett G. Scharffs, Law and Religion: National, International, and Comparative Law Perspectives, (Wolters Kluwer, 2009).

Frank S. Ravitch, Law and Religion, A Reader: Concepts, Cases and Theory, 2d ,(West, 2008).

Stephen G. Gey, Religion and the State, Second Edition, (LexisNexis, 2006).

Thomas C. Berg, The State and Religion in a Nutshell, 2d, (West, 2004).

UPDATE: Conkle's Constitutional Law - The Religion Clauses, 2d ,(Turning Point Series) (Foundation Press, 2009).