Welcome To Law and Religion Australia

Join me in welcoming Law and Religion Australia blog to the Religion Clause sidebar. Law and Religion Australia entered the blogosphere on January 1. It is authored by Neil Foster, Associate Professor of Law at the University of Newcastle, who also describes himself as an Evangelical Christian.  The new entry is particularly welcome as several blogs in area of law and religon have gone dormant in recent months.  I have removed from the sidebar those that have no posts for the last 6 months. A few others are coming close to that period of dormancy. So, welcome aboard.

Recent Prisoner Free Exercise Cases

In Jones v. Foster, 2015 U.S. Dist. LEXIS 3289 (D NV, Jan. 12, 2015), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 180081, Dec. 23, 2014) and denied a preliminary injunction to a Muslim inmate who complained that he was receiving the Common Fare Meal instead of a separate halal or kosher diet.

In Thierry v. Maricopa County Sheriff's Office, 2015 U.S. Dist. LEXIS 3726 (D AZ, Jan. 13, 2015), an Arizona federal district court dismissed with leave to amend a complaint by a Jehovah's Witness inmate seeking a New World Holy Scriptures Bible and complaining that there are no Jehovah's Witness bible studies or meetings, and that only six inmates per pod are permitted to attend church.

In Williams v. Cox, 2015 U.S. Dist. LEXIS 4621 (SD GA, Jan. 13, 2015), a Georgia federal magistrate judge allowed an inmate to move ahead with his claim that he was denied a requested work proscription in observance of the Feast of Shavout.

Illinois Bible Colleges Sue Over Rules On Granting Degrees

AP reports that a lawsuit was filed in Illinois federal district court yesterday by the Illinois Bible Colleges Association challenging Illinois Board of Higher Education rules that prevent Bible colleges from awarding full-fledged "degrees" to their graduates.  They can only award "diplomas" or "certificates" since the religious schools do not offer full collegiate curriculums. The schools say that the state is violating their free exercise and speech rights, as well as ignoring the Establishment Clause, by imposing the regulations on them.

Newest Charlie Hebdo Cover Generates Demonstrations-- Some Violent

Voice of America reports that the newest issue of Charlie Hebdo depicting a weeping Muhammad on the cover in  response to the Paris terrorist attacks generated new demonstrations yesterday in much of Muslim Asia, Africa and the Middle East.  The most violent of the demonstrations was in Niger where  four people were killed and demonstrators set fire to a French cultural center and Christian churches, and attacked Christian shops. (Daily Mail reports five were killed.) Violent demonstrations also occurred in Pakistan, while peaceful demonstrations took place in many other countries.  Islamic law prohibits physical representations of the Prophet Muhammad and other prophets as well. (See prior related posting.)

Meanwhile, as reported in Sunday's The Independent, British Prime Minister David Cameron has criticized remarks made made by Pope Francis at a press conference on Thursday (full text of Pope's press conference).  The Pope said that people who make fun of, or make others' religion into toys, provoke and may find that "a punch awaits" them.

Supreme Court Grants Review In 6th Circuit Same-Sex Marriage Cases

The U.S. Supreme Court today granted certiorari in four same-sex marriage cases from the Sixth Circuit: Obergefell v. James (Ohio); Tanco v. Haslam  (Tennessee); DeBoer v. Snyder (Michigan); and Bourke v. Beshear (Kentucky). (Order List). In a consolidated opinion, the 6th Circuit in a 2-1 decision upheld the same-sex marriage bans in the four states. (See prior posting.) In granting review, the Supreme Court defined the questions to be argued:

The cases are consolidated and the petitions for writs of certiorari are granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Carson To Become First Muslim On House Intelligence Committee

According to Politico, House Minority Leader Nancy Pelosi shortly will name Indiana Rep. André Carson to the House Permanent Select Committee on Intelligence. Carson will be the first Muslim to serve on the Intelligence Committee. He currently serves on the House Armed Services Committee and worked for the Department of Homeland Security’s Fusion Center.

Suit Against India's PM Over Role In Anti-Muslim Riots Dismissed

In American Justice Center (AJC), Inc. v. Modi, (SD NY, Jan. 14, 2015), a New York federal district court dismissed on immunity grounds a suit that was brought against the current prime minister of India over his actions as Chief Minister of Gujarat during anti-Muslim rioting in 2002. The suit was brought under the Torture Victim Protection Act and the Alien Tort Statute.  (See prior posting.) The court accepted the U.S. government's contention that Modi enjoys immunity from suit as a sitting head of a foreign government. The Hindu reports on the decision.

Michigan Must Recognize Same-Sex Mariages Entered Before Stay of District Court's Order

In Caspar v. Snyder, (ED MI, Jan 15, 2015), a Michigan federal district court issued a preliminary injunction requiring Michigan to recognize some 300 same-sex marriages of couples who married in the less 24 hours between a district court's striking down of Michigan's same-sex marriage ban and the 6th Circuit's stay of the order. In a 47-page opinion, the court held that:

once a marriage has been solemnized pursuant to a validly issued marriage license, the authorizing state cannot withdraw the status that it has awarded, even if the couples had no right to demand to be married in the first place.

The court however stayed the effectiveness of its injunction for 21 days to allow an appeal to the 6th Circuit. Christian Science Monitor reports on the decision.

Canadian FLDS Leader Agrees To Court Order Barring Use of LDS Name

Last year, the Church of Jesus Christ of Latter Day Saints (the mainline Mormon Church) filed suit in Canada against Winston Blackmore, leader of a polygamous Mormon sect headquartered in Bountiful, British Columbia for misappropriation of the trademarked name, identity and reputation of the mainline Church. (See prior posting.) The National Post now reports that earlier this week Blackmore consented to a decree enjoining him from using any variation of the name "Church of Jesus Christ of Latter-day Saints" for his organization and from interfering with the mainline Church's use of the word Mormon. Under the order he is also to change the corporate name of his Canadian branch of the FLDS to "Church of Jesus Christ (Original Doctrine) Inc."

Suit Alleges That Drug Treatment Center Is Front For Scientology Indoctrination

MLive reports that a lawsuit was filed in a Michigan federal district court on Wednesday against Narconon Freedom Center in Albion, Michigan, alleging that the Center's drug rehabilitation program is used "to introduce Scientology and L. Ron Hubbard's 'technology' to unwitting patients." The suit, seeking $75,000 in damages, was brought by Lauren Prevec, a former patient at the Center.

Today Is Religious Freedom Day

Today is Religious Freedom Day, the anniversary of the passage of the Virginia Statute for Religious Freedom in 1786.  Each year the President issues a Proclamation marking the day, and presumably this year's Proclamation will appear sometime today on the White House website. Americans United has urged that greater attention be given to the day. UPDATE: Here is the full text of this year's Presidential Proclamation-- Religious Freedom Day 2015.

Meanwhile, according to CNS News, the Orange County, Florida public schools announced that they are suspending, at least temporarily, the traditional passive distribution of Bibles from World Changers of Florida on Religious Freedom Day.  The decision came after last year the Freedom For Religion Foundation won the right to distribute its own atheist litereature, including a pamphlet titled "Sex and Obscenity in the Bible," and this year the Satanic Temple indicated it would distribute material as well. The school district says that it is reworking its policy on outside distribution of materials to students.

8th Circuit Dismisses Factional Dispute Over Control of Hutterite Colony

In Hutterville Hutterian Brethren, Inc. v. Sveen, (8th Cir., Jan. 13, 2015), the U.S. 8th Circuit Court of Appeals dismissed a lawsuit growing out of the long dispute between two factions over control of a South Dakota Hutterite colony. State courts refused to resolve the issue of control, finding that to do so would require civil courts to decide issue of religious doctrine.  A federal court action was then filed on behalf of the colony (a non-profit corporation) by the Waldner faction. The suit was brought against the attorneys representing the colony charging, among other things, breach of fiduciary and ethical duties in creating a sham legal dispute that allowed them to side with the competing Wipf faction. The 8th Circuit held that since the Waldners in the state court proceedings convinced the courts that they should not decide the case because it involved issues of religious doctrine, they are now estopped from claiming that the religious questions involved are a sham.

EEOC Sues Over Refusal To Accommodate Rastafarian Employee's Beliefs

The EEOC has announced that on Tuesday it filed a federal lawsuit against Raleigh, North Carolina-based Triangle Catering, LLC for failing to accommodate a new employee's religious beliefs.  The company refused to permit Michael Reddick, Jr., a practicing Rastafarian, to wear a small cap while working as a delivery truck driver. Reddick was eventually fired for insisting on wearing the religious head covering.

Indian State of Goa Plans Program To "Treat" LGBT Youths

The New York Times reported this week that the Indian state of Goa is planning to set up "camps" to treat gay, bisexual and transgender young people to rid them of their sexual orientations.  Ramesh Tawadkar, the state's Minister for Sports and Youth Affairs, says the program, which will involve a well-known yoga guru, will teach LGBT youths how to experience "the true pleasures and bliss of life." Same-sex relations are illegal in India.

Supreme Court Hears Oral Arguments In Title VII Case

The United States Supreme Court heard oral arguments yesterday in a Title VII employment discrimination case.  The question presented in Mach Mining, LLC v. EEOC is whether and to what extent a court can enforce the EEOC’s statutorily required duty to conciliate discrimination claims before filing suit.  The transcript of the oral arguments is available from the Court's website. SCOTUSBlog's case page containing links to all the briefs in the case as well as to the 7th Circuit's opinion below is here. The Washington Post reports on the oral arguments.  While the case involves charges of gender discrimination, the result will impact religious discrimination cases as well.

Minister Sues Michigan For Right To Perform Same-Sex and Polygamous Marriages

In Michigan, a Detroit minister filed a federal court lawsuit on Monday against the state's governor and attorney general alleging that the state is violating his religious freedom by barring him from performing same-sex and polygamous marriages.  According to the Detroit News, in the suit plaintiff Rev. Neil Patrick Carrick alleges that he has declined requests to perform same-sex marriage ceremonies because under Michigan law it is a crime punishable by up to a $500 fine to knowingly do so.

After Charlie Attack, Media Responsiveness To Religious Sensiivities Is Still An Issue

In the aftermath of last week's terrorist massacre at Charlie Hebdo offices in Paris, it has become clear that the issue of the appropriate media response to religious sensibilities remains unresolved.  Two stories show the ongoing problem. Haaretz yesterday strongly criticized the ultra-Orthodox Israeli paper HaMevaser for publishing only a photoshopped version of the iconic photo of world leaders walking arm-in-arm in the Paris rally for free speech and religious liberty.  Like many ultra-Orthodox papers, HaMevaser will not publish photos of women because of Jewish religious concerns about modesty.  In the photo of the Paris march, German Chancellor Angela Merkel  has been removed, as have other women leaders. [Thanks to Douglas Carver for the lead.]

Meanwhile mainstream news media split over whether to carry a photo of the defiant cover of the post-massacre issue of Charlie Hebdo.  As reported by Malaysia Chronicle, the cover shows Muhammad crying while holding up a "Je suis Charlie" sign. The drawing is captioned "Tout Est Pardonne" (All Is Forgiven). Outlets picturing the cover include the Malaysian Chronicle, Fox News, CBS News, the BBC, Germany's ARD, the Australian Broadcasting Corporation, France's Liberation, Britain's The Guardian, The Wall Street Journal and USA Today. Among those choosing to merely describe the cover are CNN, NBC News, NPR, Britain's Daily Mail, The New York Times and the Associated Press. These media expressed concern not only about offending Muslims, but also about protecting their employees stationed around the world. German investigative journalist Gunter Wallraff said of those not showing the cover: "I don't call that sensitivity, I call it cowardice. If everyone follow that line, they [the Islamists] will have won."

Damage Award Against Diocese Reduced In In Vitro Fertilization Firing

In Herx v. Diocese of Fort Wayne-South Bend, Inc., (ND IN, Jan. 12, 2015), a federal judge reduced a jury's verdict against a Catholic diocese in a Title VII sex discrimination case from $1.95 million to $543,803.  The case, involving a suit by a Catholic school teacher fired for becoming pregnant through in vitro  fertilization, has been widely followed.  The reduction is largely the result of applying a $300,000 statutory cap on punitive and most compensatory damages imposed in employment discrimination cases by 42 USC 1981a(b). Yesterday's Fort Wayne Journal Gazette reports on the decision. (See prior related posting.)

3rd Circuit Hears Arguments In Muslim Challenge To NYPD Surveillance

Yesterday the U.S. Third Circuit Court of Appeals heard oral arguments in Hassan v. City of New York. (Audio of full oral arguments.)  The case involves a constitutional challenge to the New York City Police Department's surveillance of the Muslim community in New Jersey following 9/11. The district court had dismissed the case both for lack of standing and failure to show intentional discrimination. (See prior posting.)  NorthJersey.com reports on the case.

French and Israeli Officials Display Some Tensions After Supermarket Terrorist Attack

While most of the media depicted the turnout of world leaders at the Paris march against terrorism on Sunday as a show of unity, there appears to be a continuing tension between French and Israeli officials in the wake of the fatal attack at a kosher supermarket.

First, in a Jan. 12 article, Haaretz reported that originally French officials asked both Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority President Mahmoud Abbas to stay away from the solidarity demonstration to avoid diverting attention to controversial issues such as the Israeli-Palestinian conflict.  Originally both leaders agreed. But then when Foreign Minister Avigdor Lieberman and Economy Minister Naftali Bennett-- both Netanyahu rivals in the upcoming Israeli elections announced they would attend the Paris demonstration, Netanyahu changed his mind. This led French officials to then extend an invitation to Abbas as well.  French President Hollande showed his anger by leaving the Sunday evening ceremony at the Great Synagogue in Paris as Netanyahu was about to speak. (I24 News reports that Foreign Minister Liberman denied that the French asked Netanyahu not to attend the Paris demonstration.)

Additional tensions have been created by the statement of condolence that Prime Minister Netanyahu issued Saturday evening in which he welcomed French Jews to emigrate to Israel, suggesting a threat to Jewish safety in France. (See prior posting.) Even before the terrorist attack, there has been increasing French Jewish emigration to Israel.  Reacting to that earlier trend, The Atlantic in a Jan. 10 article reports that French Prime Minister Manuel Valls said: "[I]f 100,000 Jews leave, France will no longer be France. The French Republic will be judged a failure." Yesterday, according to the New York Times, the French Interior Minister said that 4,700 police officers would be sent to guard France's 700 Jewish schools and other institutions.

Then at the funeral in Israel today for the four victims of the Paris supermarket shooting, Israeli President Reuven Rivlin said: "We cannot allow that in 2015, 70 years since the end of World War II, Jews are afraid to walk in the streets of Europe with skullcaps and tzitzit." (The Local).