Obama Closes Summit On Violent Extremism By Speaking About Muslims

President Obama yesterday delivered closing remarks (full text) at the White House Summit on Countering Violent Extremism.  He spoke at length on the relationship of the battle against Al Queda and ISIL to the broader Muslim community, saying in part:

Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders -- holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America -- and the West, generally -- is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders -- they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.  (Applause.)  

Now, just as those of us outside Muslim communities need to reject the terrorist narrative that the West and Islam are in conflict, or modern life and Islam are in conflict, I also believe that Muslim communities have a responsibility as well.  Al Qaeda and ISIL do draw, selectively, from the Islamic texts.  They do depend upon the misperception around the world that they speak in some fashion for people of the Muslim faith, that Islam is somehow inherently violent, that there is some sort of clash of civilizations. ,,,

[I]f we are going to effectively isolate terrorists, if we're going to address the challenge of their efforts to recruit our young people, if we're going to lift up the voices of tolerance and pluralism within the Muslim community, then we've got to acknowledge that their job is made harder by a broader narrative that does exist in many Muslim communities around the world that suggests the West is at odds with Islam in some fashion....

... Muslim leaders need to do more to discredit the notion that our nations are determined to suppress Islam, that there’s an inherent clash in civilizations.  Everybody has to speak up very clearly that no matter what the grievance, violence against innocents doesn't defend Islam or Muslims, it damages Islam and Muslims.

Pediatrician, "After Much Prayer," Refuses To Treat Lesbian Couple's Infant

The Detroit Free Press yesterday reported on a new arena for religious objections to providing services to same-sex couples.  A suburban Detroit lesbian couple were told by a pediatrician that they had chosen that "after much prayer" she decided that she could not provide medical services to their newborn.  The news was given to the couple by a different staff physician as the mothers sat in the exam room waiting for their newborn's first checkup. The two mothers had previously met with Dr. Venesa Roi and chosen her particularly because of her holistic approach to treating children.  In a subsequent letter to the couple, Roi told them she was sorry that her decision hurt them, but she decided she could not develop the proper personal doctor-patient relationship with them.  She added that they were always welcome in the office to be seen by another physician on staff.  Michigan's Elliott-Larsen Civil Rights Act does not ban discrimination on the basis of sexual orientation, though the ethics rules of the AMA and American Academy of Pediatrics do.

Court Says Florist Violated Washington Public Accommodation Law In Refusing Flowers For Same-Sex Wedding

In State of Washington v. Arlene's Flowers, Inc., (WA Super. Ct., Feb. 18, 2015), a Washington state trial court held that a florist shop violated the Washington Law Against Discrimination and the state's Consumer Protection Act when the shop's owner advised a customer that for religious reasons she could not provide flower arrangements for his same-sex wedding ceremony. (See prior related posting.) The court rejected defendants' argument that application of the law to require the shop to provide flower arrangements for a same-sex wedding violates their free expression and free exercise rights.  Addressing the 1st Amendment speech claim, the court said:

Defendants offer no persuasive authority in support of a free speech exception (be it creative, artistic, or otherwise) to anti-discrimination laws applied to public accommodations.

Defendants' strongest constitutional argument turned on the Washington state constitution's free exercise clause, which gives greater protection than the 1st Amendment.  However the court rejected defendants' claims, concluding that even if the laws impose a substantial burden on defendants' religious exercise, the state has a compelling interest in combating discrimination in public accommodations. The court went on to reject defendants' argument that a more narrowly tailored approach would allow defendants to deny goods and services on the basis of sexual orientation and merely refer the customer to a non-discriminating business.  The court said: "This rule would, of course, defeat the purpose of combatting discrimination...."

Washington state Attorney General Bob Ferguson welcomed the decision, saying: "The law is clear: If you choose to provide a service to couples of the opposite sex, you must provide the same service to same-sex couples."

California Court Says Iranian Forum Would Discriminate Against Women and Non-Muslims

In Aghaian v. Minassian, (CA App., Feb. 17, 2015), a California state appellate court held that Iranian citizens living in the United States should not be required to litigate a dispute with other Iranian citizens over property in Iran in an Iranian court.  Reversing the trial court's forum non conveniens stay of the action in California, the appellate court said:

[T]he evidence is overwhelming that Iranian courts discriminate against women and non-Muslims. Among other things, Plaintiffs submitted evidence that the testimony of a woman counts for half the value of that of a man, and that women are not treated equally before the courts, particularly in personal status matters relating to marriage, divorce, inheritance, and child custody, and only men can serve as judicial officers.... [T]he judiciary in Iran is heavily influenced by religious authorities and ... the law requires the head of the judiciary as well as the prosecutor general and all Supreme Court judges to be high ranking clerics....

Two of the three Plaintiffs here are women and [plaintiffs] family members are not Muslim. Leaving aside whether Iranian courts are independent or corrupt, this is sufficient to show Iran is not a suitable alternative forum. This is the “rare circumstance” in which an alternative forum “provides no remedy at all.”

Los Angeles Metropolitan News-Enterprise reports on the decision.

Fired Atlanta Fire Chief Sues Mayor and City

Today former Atlanta Fire Chief Kevin Cochran filed a federal court lawsuit against Atlanta Mayor Kasim Reed and the City of Atlanta  claiming that Reed's firing of Cochran last month violated Cochran's 1st and 14th Amendment rights. (See prior related posting.)  The 54-page complaint (full text) in Cochran v. City of Atlanta, Georgia, (ND GA, filed 2/18/2015) contends that

[Reed] terminated Cochran for holding historical Christian beliefs about marriage and sexuality and making those views known in a self-published, non-work-related, religious book.

As reported by the Atlanta Journal-Constitution, Cochran's book, titled Who Told You That You Were Naked?: Overcoming the Stronghold of Condemnation, includes passages that describe homosexuality as a "sexual perversion" akin to bestiality. Cochran gave copies of his book to a number of city officials and employees. The suit seeks reinstatement, damages and an end to city policy that requires pre-clearance before employees publish a work.  ADF issued a press release announcing the filing of the lawsuit.

School Drops Required Disclaimer In Settlement of Suit On Student-To-Student Distributions

A suit filed last year (background) against a Loomis, California elementary school was settled last week with the school agreeing to change its policy on student distribution of invitations and flyers.  At issue was a reprimand to a student for handing out invitations to two of her friends for a "Genesis Apologetics" event that would discuss creation and evolution. The school insisted that even though the distribution was outside of class time, the flyers had to be stamped by the school with a disclaimer of sponsorship. According to a press release from Pacific Justice Institute, under the settlement the school will no longer insist on disclaimers on material given from one student to another.

City's Solicitiation Ordinance Held Too Restrictive

In United States Mission Corp. v. City of Mercer Island, (WD WA, Feb. 10, 2015), a Washington federal district court granted a preliminary injunction against enforcement of a Seattle suburb's solicitation ordinance in a suit by a Christian religious organization.  The Mission operates residential facilities for the homeless, and requires its residents to engage in door-to-door religious solicitation on its behalf. The challenged ordinance bars door-to-door solicitations (but not proselytizing without soliciting funds) after 7:00 p.m.  The Mission engages in residential solicitations between 5:00 p.m. and 8:00 p.m. on weekdays. The court held that prior cases "have continuously found that curfews prior to 9:00 p.m. are not sufficiently connected to a municipality's interest in crime prevention" to meet the compelling interest- least restrictive means requirement for content-based regulation of speech.

According to the Mercer Island Reporter, City Council will meet on Feb. 23 to amend the solicitation ordinance to comply with the court's holding.

Cert Filed In RLUIPA Zoning Case

AP reported yesterday that a petition for certiorari has been filed with the U.S. Supreme Court in Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Historic District Commission,  In the case, the U.S. Second Circuit Court of Appeals held that the district court had applied erroneous legal standards in deciding whether a refusal to allow a Jewish group to expand a building in Litchfield's Historic District violates RLUIPA’s substantial burden and nondiscrimination provisions. (See prior posting).

Chicago Muslim School Head Charged With Sexual Abuse of Female Staffer and Students

AP reported yesterday that 75-year old Mohammad Abdullah Saleem, founder and long-time head of the suburban Chicago Institute of Islamic Education, has been criminally charged with sexually abusing a female school employee beginning in 2012. Saleem denies the allegations.  Saleem has also been sued civilly by the female victim and three female former-students who also allege sexual abuse dating back as early as the 1980's. Saleem is considered a leading Islamic scholar in the U.S. The civil suit charges the school with failure to protect students and asks for over $1.5 million in damages.

Apocalyptic Visions and ISIS' Actions

CNN's Peter Bergen posted a column yesterday titled Why Does ISIS Keep Making Enemies?, explaining the violent murders by ISIS as the "ideology ... of an apocalyptic cult that believes that we are living in the end times and that ISIS' actions are hastening the moment when this will happen." He argues that ISIS is focused on a prediction of the Prophet Mohammed that the Syrian town of Dabiq is the place where the armies of Islam and "Rome" will meet for the final battle that will precede the end of time and signal the triumph of Islam. Bergen says that ISIS wants a Western ground force to invade Syria to confirm the prophecy about Dabiq.  (A much longer analysis of ISIS ideology appears in an article by Graeme Wood in the latest issue of The Atlantic.)

As reported by Time Magazine, ISIS' video released Sunday showing the execution of 21 Egyptian Coptic Christians is narrated in religious terms. The executioner points his knife toward the Mediterranean and says in English: "We will conquer Rome, by Allah’s permission."

Yesterday, in an address to representatives of the Church of Scotland, Pope Francis responded to the ISIS killings in equally religious terms (full text):

Today I read about the execution of those twenty-one or twenty-two Coptic Christians.... They were killed simply for the fact that they were Christians.... The blood of our Christian brothers and sisters is a testimony which cries out to be heard. It makes no difference whether they be Catholics, Orthodox, Copts or Protestants. They are Christians! Their blood is one and the same. Their blood confesses Christ. As we recall these brothers and sisters who died only because they confessed Christ, I ask that we encourage each another to go forward with this ecumenism which is giving us strength, the ecumenism of blood. The martyrs belong to all Christians.

The White House, however, went out of its way to avoid framing its response to ISIS' latest atrocities in the kind of apocalyptic terms ISIS apparently prefers.  Sunday's statement by the White House press secretary (full text) after the release of ISIS' video studiously avoided painting the murders in terms of an Islamic battle against Christianity, saying in part:

The United States condemns the despicable and cowardly murder of twenty-one Egyptian citizens in Libya by ISIL-affiliated terrorists.... ISIL’s barbarity knows no bounds.  It is unconstrained by faith, sect, or ethnicity.  This wanton killing of innocents is just the most recent of the many vicious acts perpetrated by ISIL-affiliated terrorists against the people of the region, including the murders of dozens of Egyptian soldiers in the Sinai, which only further galvanizes the international community to unite against ISIL.

Three Australian Rabbis Resign As Result of Government Inquiry Into Sex Abuse Scandals

JTA reported yesterday that in Australia, three leading Orthodox rabbis have resigned from at least some of their positions as a result of an inquiry by Australia’s Royal Commission into how Chabad officials responded to child sex abuse scandals in the 1980's and 90's at two institutions-- Yeshivah College in Melbourne and Sydney’s Yeshivah Centre. Yesterday's  Melbourne Herald Sun has additional details.

The Guardian reports that a turning point in the Commission's inquiry came earlier this month when Rabbi Moshe Gutnick, a senior judge of the Sydney Beth Din, told the Commission that a "culture of cover-up, often couched in religious terms" had pervaded the two schools. One of those resigning was the country's most senior rabbi-- Meir Shlomo Kluwgant, president of the Organisation of Rabbis of Australasia. His resignation was prompted by a text message he sent while the father of one of the abuse victims was testifying before the Commission. He labeled the father "a lunatic on the fringe, [who is] guilty of neglect of his own children..." Another of those resigning admitted to the Commission that in 2002 he did not know it was illegal for an adult to touch a child's genitals.

Woman Charged In Attack On Neighbor to Force Christian Belief

The Forward yesterday reported on the Feb. 12 arraignment in Boise, Idaho of a 58-year old Christian woman arrested on charges of malicious harassment of her Jewish neighbor.  According to the article:

Haragan went to AG’s home on Feb. 5 and banged on her window while shouting that she “better believe in Jesus,” and that she would not leave until AG did...  When AG opened the door to get Haragan’s license plate number, Haragan slapped her in the face, pulled her hair and threw her to the ground where she kicked her in the stomach, and then pressed her foot into AG’s throat until the Jewish woman said she would believe in Jesus.

The court has ordered Haragan to have no further contact with AG.

Philadelphia Church Members Sue Claiming Board Misappropriation

The Philadelphia Tribune reported yesterday on a state court lawsuit filed Feb. 5 by members of Philadelphia's historic Zion Baptist Church against the board of trustees and long-time church member Ronald Harper.  The suit alleges that Harper as chairman of the trustees misappropriated and misused church assets for personal gain and profit for his law firm.  Plaintiffs claim that and the board hid the transactions by making misrepresentations to the deacon board and church membership.  The suit seeks an accounting and a forensic audit of the issuance of $18 million in bonds to renovate a church-owned apartment building. The suit also seeks a new membership vote on the ouster of the church's former pastor, Carl Prince, who allegedly was removed because he sought greater financial accountability.

Recent Articles of Interest

From SSRN:

• Rene F. Najera & Dorit Rubinstein Reiss, First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, (February 8, 2015).
• Seval Yildirim, Conceptions of Religion in the Secular State: Evolving Turkish Secularism, (Pepperdine Law Review, Vol. 41, No. 1049, 2014).
• William P. Marshall, Bad Statutes Make Bad Law: Hobby Lobby v. Burwell, (Supreme Court Review, Vol. 2014).
• Andrew Koppelman, Theorists, Get Over Yourselves: A Response to Steven D. Smith, (41 Pepperdine Law Review 937 (2014)).
• Tom Syring, Introductory Note to the European Court of Human Rights’ Judgment on the Legality of a Ban on Wearing Full-Face Veils in Public (Case of S.A.S. v. France), (53 International Legal Materials 1025 (2014)).
• Douglas NeJaime & Reva Siegel, Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, (Yale Law Journal, Vol. 124, 2015 Forthcoming).

From SmartCILP:

• Michael J. Davidson, Sanctuary: A Modern Legal Anachronism (.pdf download), 42 Capital University Law Review 583-618 (2014).
• Roza Pati, Marshalling the Forces of Good: Religion and the Fight Against Human Trafficking, (Abstract), 9 Intercultural Human Rights Law Review 1-23 (2014).
• Sr. Eugenia Bonetti, Women Helping Women: The Italian Experience of Women Religious in Combating Human Trafficking and Modern-Day Slavery, (Abstract), 9 Intercultural Human Rights Law Review 25-39 (2014).
• Fr. Jude O. Ezeanokwasa, The Priest-Penitent Privilege Revisited: A Reply To the Statutes of Abrogation, (Abstract), 9 Intercultural Human Rights Law Review 41-102 (2014).

6th Cirucit Upholds Damage Award To Critic of Judge For Expressing Religious Views

In Pucci v. Nineteenth District Court, (6th Cir., Feb. 13, 2015), the U.S. 6th Circuit Court of Appeals affirmed the $734,000 damage award to court employee Julie Pucci who was fired after she complained to the Michigan State Court Administrative Office about Judge Mark W. Somers' expressing of religious views in the course of performing his judicial duties. It also affirmed the award of over $416,.000 in attorneys' fees. The court upheld the jury's findings that in complaining to SCAO, Pucci was speaking as a citizen on a matter of public concern. (See prior related posting.)

Tennessee Supreme Court Upholds Spiritual Healing Exemption Interpreted Narrowly

In State of Tennessee v. Crank, (TN Sup. Ct.,Feb. 13, 2015), the Tennessee Supreme Court upheld the conviction and sentence to 1-year probation of Jacqueline Crank, a member of the Universal Life Church, who was indicted for child neglect based upon her failure to obtain medical treatment for her daughter.  Her daughter died at age 15 of a rare form of cancer.  Crank argued for acquittal based on Tennessee's "spiritual treatment" statute, TN Code Ann.39-15-402(c), that prevents prosecution of parents who "provide[] treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment." The trial court however held that the Universal Life Church did not qualify as a "recognized church or religious denomination."  Crank appealed arguing that the exemption is unconstitutionally vague, and violates the Establishment and Equal Protection Clauses.  The Tennessee Supreme Court rejected the vagueness argument, holding:

Viewed in context, it is apparent that the legislative intent was for the exemption to apply to members of religious bodies which, like the Church of Christian Science, are established institutions with doctrines or customs that authorize healers within the church to perform spiritual treatment via prayer in lieu of medical care. Because the exemption is effectively limited to members of religious groups that closely resemble the Christian Science Church, the terms at issue are not so vague that the scope of the exemption “cannot be ascertained.”

Then, addressing Crank's argument that the exemption narrowed in this way violates the Establishment Clause and Equal Protection Clause, the Supreme Court said it need not decide that question because, even if Crank is correct, this would lead to elision of the entire spiritual treatment exemption from the child neglect statute. The Court issued a press release and summary of the decision. AP reports on the decision.

Recent Prisoner Free Exercise Cases

In Banks v. Secretary Pennsylvania Department of Corrections, (3d Cir., Feb. 9, 2015), the 3rd Circuit affirmed the dismissal of a Muslim inmate's challenge to prison policies on participation in feasts of Eid al-Fitr and Eid al-Adha, and to the use of prayer oils during religious services.

In Harris v. Pimentel, 2015 U.S. Dist. LEXIS 15338 (ED CA, Feb. 9, 2015), a California federal magistrate judge recommended refusing to strike an inmate's complaint that his cell was searched and his Qur'an kicked under the bed, defiled with a boot mark.

In Richardson v. Cheshire County, 2015 U.S. Dist. LEXIS 15903 (D NH, Feb. 6, 2015), a New Hampshire federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 15902, Jan. 14, 2015) and dismissed a Muslim inmate's complaint regarding the meals he received during Ramadan.

In Abdulkarim v. Metropolitan Sheriff Department, 2015 U.S. Dist. LEXIS 16609 (MD TN, Feb. 11, 2015), a Tennessee federal district court allowed an inmate to proceed with his claim that his jail will not provide religious services for Muslim inmates.

In Woodside-Fisher v. Pulley, 2015 U.S. Dist. LEXIS 17319 (WD CA, Feb. 12, 2015), a California federal district court, adopting a magistrate's recommendation, dismissed an inmate's complaint that his food was tampered with because it was a halal food tray, his non-halal tray was not replaced on 3 occasions, an officer made remarks about his religion, and on one occasion he did not have time for a shower because he was praying.

In Gamble v. Kenworthy, 2015 U.S. Dist. LEXIS 17587 (ED NC, Feb. 12, 2015), a North Carolina federal district court dismissed a Muslim inmate's complaint that control status inmates were not allowed to receive special food from outside the institution for Eid al Fitr.

In Scheeler v. Lehigh County Prison, 2015 U.S. Dist. LEXIS 17781 (ED PA, Feb. 12, 2015), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies and inmate's complaint that he was denied access to his Bible while in the Restricted Housing Unit for 9 days.

House Holds Hearing On RFRA and RLUIPA

Yesterday the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice held a hearing titled Oversight of the Religious Freedom Restoration Act and the Religious Land Use and Instituionalized Persons Act.  The full text of the prepared statements of the four witnesses appearing at the hearing are available on the Committee's website.

Groups Seek Alabama Supreme Court Mandaumus To Stop Same-Sex Marriage Licenses

While Probate Judges in 50 of Alabama's 67 counties have begun to issue marriage licenses to same-sex couples, opposition to a federal district court's invalidation of the state's same-sex marriage ban has not ended.  The Alabama Policy Institute and the Alabama Citizens Action Program filed a petition (full text) with the Alabama Supreme Court on Wednesday seeking a writ of mandamus ordering county probate judges not to issue marriage licenses to same-sex couples or recognize licenses issued to them. The petition argues that fededral court injunctions aimed at the state's attorney general do not bind probate judges. The Supreme Court yesterday issued an order, with two justices filing dissenting opinions, (full text) ordering respondents to file answers by Feb. 18.  Justice Shaw dissenting said: "I would urge restraint and would urge this Court not to interject more confusion into what is already a very confusing situation."  Also yesterday Equality Alabama filed and amicus brief (full text) urging dismissal of the petition. Meanwhile, a Mississippi Ku Klux Klan faction called for support of efforts to defy federal court same-sex marriage rulings.

Rabbi May Be Charged In Up To 88 Cases of Voyeurism

Times of Israel reports on a closed-door meeting held Wednesday evening in Washington, D.C. between federal prosecutors and alleged victims of Rabbi Barry Freundel who was arrested in October for secretly photographing women using the mikveh at Washington's Kesher Israel Synagogue. (See prior posting.)  Currently Freundel has been charged with six misdemeanor counts of voyeurism under D.C. Code Sec. 22-3531(b)-(c).  However, those attending were told that Freundel taped a total of 152 women. Prosecutors say that charges may be filed in a total of 88 of the cases. Either the statute of limitations has run, or the victim cannot be identified, in the other 64 cases. If convicted, Freundel could be sentenced to a $1000 fine and one year in jail on each count.  Prosecutors may negotiate a plea deal, but they say it would have to include jail time. If the cases go to trial, victims would have to identify themselves in the videos, and would be subject to cross-examination.