Suit Challenges County's Refusal To Allow Invocations By Theists or Humanists

The ACLU, Americans United and the Freedom From Religion Foundation filed suit in federal district court yesterday challenging Brevard County, Florida's policy of rejecting or ignoring requests by atheists and Humanists to deliver invocations at meetings of the Brevard County Board of Commissioners during the regular pre-meeting invocation period. Nontheists were allowed to make presentations only during the public comment period of the meeting. The complaint (full text) in Williamson v. Brevard County, (MD FL, filed 7/7/2015), contends that this policy violates the 1st and 14th Amendments as well as provisions of the Florida Constitution. It emphasizes that the County's policy is not the nondiscriminatory access envisioned by the Supreme Court in its Town of Greece decision permitting sectarian invocations. An ACLU press release announced the filing of the lawsuit, and  Florida Today reports on it.

James Dunn, Religious Liberty Advocate, Dies At 83

The Baptist Joint Committee for Religious Liberty announced that religious liberty advocate James M. Dunn, who led the organization for nearly 20 years, died on July 4 at age 83.  Religion News Service describes Dunn as "a religious liberty advocate who worked the corridors of Washington power for two decades to defend the separation of church and state."

In India, Rapper, Singer and YouTube Sued For Insulting Zoroastrianism

According to yesterday's Los Angeles Times, in India a Parsi civic organization has filed a public interest lawsuit against rapper Snoop Dogg, Iranian pop singer Amitis Moghaddam, YouTube and other defendants for insulting their Zoroastrian religion.  The suit, filed in a court in the city of Kolkata, seeks to have a musical video featuring the celebrities banned because of its use of a giant gold Faravahar, the winged disc that is a respected symbol of Zoroastrianism.  The three-and-a-half minute video for the song King shows Snoop Dog on a throne under the Farvahar smoking weed, and shows Moghaddam dressed as a Persian queen lying under the Farvahar being fanned by  two scantily clothed men.

Israel's Cabinet Strengthens Ultra-Orthodox Control of Religious Status Matters

Times of Israel reports that Israel's Cabinet on Sunday took two steps that place personal status matters of Israeli Jews more firmly under control of the ultra-Orthodox rabbinate.  First the Cabinet withdrew a measure that made its way through the Knesset's Law Committee last year that would have expanded from four to thirty the number of religious courts that could conduct conversions to Judaism.  The new courts made up of municipal rabbis would have loosened somewhat the tight restrictions on conversion presently in effect.  The second Cabinet vote placed rabbinical courts under the jurisdiction of the Ministry of Religious Services instead of the Justice Ministry which oversees Christian and Muslim religious courts.  The change places rabbinical courts-- with their authority over marriage and divorce-- under the authority of Religious Affairs Minister David Azoulay who belongs to the ultra-Orthodox Shas Party. These steps resulted from the coalition agreements negotiated between political parties after the most recent Knesset election. (See prior posting.)

Recent Articles and Books of Interest

From SSRN:

• Randall Lesaffer, The Nature and Sources of Europe's Classical Law of Nations,(June 25, 2015).
• Asim Jusic, Actionable Pluralism and Toleration in Religiously Diverse Societies: For Whom and for What?, (CEDAR Occasional Paper No.7, 2014).
• Matthew S. Erie, Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China, (Law and Social Inquiry, Forthcoming).
• Dr. Harunrashid Kadri, Rights of Muslim Woman with Special Reference to Matrimonial Causes - A Human Rights Perspective, (Fiat Justicia, Volume No.: 3, April, 2015).
• Jennifer Carr, Complicity and Collection: Religious Freedom and Tax, (University of St. Thomas Law Journal, Vol. 11, No. 2, p. 183, Spring 2014).
• Robert D. Goldstein, The Structural Wall of Separation and the Erroneous Claim of Anti-Catholic Discrimination, (13 Cardozo Public Law, Policy & Ethics Journal 173 (2014)).
• Ronnie Lippens, Escape from Evil? Notes on Capacity, Tragedy, Coding and Non-Destructive Immortality Projects, (Oñati Socio-Legal Series, Vol. 5, No. 3, 2015).

From SSRN (Same-sex marriage):

• Michael J. Perry, Obergefell v. Hodges: An Imagined Opinion, Concurring in the Judgment, (Emory Legal Studies Research Paper No. 15-356 (June 27, 2015)).
• Adam Lamparello, Justice Kennedy's Decision in Obergefell: A Sad Day for the Judiciary, (July 2, 2015).
• Susannah William Pollvogt,  Obergefell v. Hodges: Framing Fundamental Rights, (June 29, 2015).

New Books:

• Kevin Vallier, Liberal Politics and Public Faith--Beyond Separation,  (Routledge, June 2014), (podcast with author).
• Anthony M. Petro, After the Wrath of God-- AIDS, Sexuality, and American Religion, (Oxford Univ. Press, July 2015).
• Jean L. Cohen and Cécile Laborde (eds.), Religion, Secularism, and Constitutional Democracy, (Columbia University Press, Jam. 2016).

Court Dismisses Native American Challenge To San Antonio Revitalization Efforts

In Rocha v. City of San Antonio, (WD TX, July 2, 2015), a Texas federal district court rejected a vast variety of statutory and constitutional challenges to San Antonio's redevelopment efforts at several historical sites including the Hemisfair Historical Park, Alamo Plaza, the Alamo and La Villita.  Plaintiff, who claims to be a direct lineal descendant of the Yanaguana tribes, claims that the city is desecrating historical archaeological sites and Native American burial grounds.  Plaintiff's original complaint, dismissed by the court in this decision, alleged that the city was violating the U.S. Constitution, the Native American Graves Protection and Repatriation Act,  the Archaeological Resources Protection Act, the American Indian Religious Freedom Act, the Texas Parks and Wildlife Code, and San Antonio’s Unified Development Code.  The court also refused to permit plaintiff to amend his complaint to add free exercise claims, claims under eleven sections of the Texas Constitution, and under Title II of the federal Civil Rights Act.

Recent Prisoner Free Exercise Cases

In Incumaa v. Stirling, (4th Cir., July 1, 2015), the 4th Circuit rejected a claim by an inmate who is a member of Nation of Gods and Earths that his 20 years in solitary confinement following his participation in a 1995 prison riot with other Five Percenters violates his rights under RLUIPA. However the court held that plaintiff may move to trial on his procedural due process challenge to his continuing solitary confinement.

In Beamon v. Dittmann, 2015 U.S. Dist. LEXIS 83982 (ED WI, June 29, 2015), a Wisconsin federal district court refused to allow a Block Muslim inmate to add a RLUIPA claim to his complaint because plaintiff only seeks damages that are unavailable under RLUIPA.

In Gray v. Lewis, 2015 U.S. Dist. LEXIS 84133 (ND CA, June 29, 2015), a California federal district court allowed an inmate to proceed with most of his claims that he was restricted from obtaining a kosher diet and in other ways not provided with the resources to practice his Yahweh religion. The case was referred to the pro-se prisoner mediation program.

In Sessing v. Beard, 2015 U.S. Dist. LEXIS 84194 (ED CA, June 28, 2015), a California federal magistrate judge recommended that an Odinist inmate be allowed to proceed with his equal protection challenge to authorities' denial to him of access to outdoor space and a fire pit for worship since they were permitting Native American inmates access. However plaintiff's RLUIPA and free exercise claims were dismissed.

In Clark v. Anderson, 2015 U.S. Dist. LEXIS 84349 (ND TX, June 29, 2015), a Texas federal district court dismissed an inmate's complaint that one defendant failed to return a spiritual book, requiring him to order another copy from the publisher.

In Sousa v. Wegman, 2015 U.S. Dist. LEXIS 85208 (ED CA, June 29, 2015), a California federal magistrate judge recommended that an inmate be permitted to move ahead with his attempt to obtain recognition of those with Mexican Indian Beliefs as a religious group, and their access to religious services, holiday celebrations and use of a sweat lodge.

In Adler v. Gonzalez, 2015 U.S. Dist. LEXIS 85210 (ED CA, June 30, 2015), in a suit by a Catholic inmate, a California federal magistrate judge recommended a finding that there are still disputed facts that need to go to trial on whether or not Catholic services were available and whether plaintiff made any attempt to participate in them.

In Shabazz v. Johnson, 2015 U.S. Dist. LEXIS 86787 (ED VA, July 2, 2015), a Virginia federal district court rejected a Nation of Islam inmate's claim that requiring him to eat the Common Fare diet rather than a strict Nation of Islam diet violated his rights under RLUIPA.

Final Order Issued In Oregon Same-Sex Wedding Cake Refusal

This week, the Commissioner of the Oregon Bureau of Labor and Industries went beyond the recommendations of the Administrative Law Judge (ALJ) (see prior posting) in finding violations of law by a bakery whose owner refused on religious grounds to provide a wedding cake to a same-sex couple.  In Matter of Melissa Elaine Klein dba Sweetcakes By Melissa, (Bur. Labor & Indus., July 2, 2015), the Commissioner agreed with the ALJ that co-owner Aaron Klein violated ORS 659A.403 that bars discrimination in public accommodations on the basis, among others, of sexual orientation, and that both owners are therefore liable for damages totaling $135,000.  However the Commissioner, rejecting the ALJ's contrary conclusion, held that in addition both co-owners violated ORS 659A.409 that prohibits anyone acting on behalf of a place of public accommodation from issuing any communication that indicates facilities or services will be denied to anyone on account, among others, of sexual orientation.  This finding was based largely on statements in an interview broadcast on radio and television that the bakery would continue to refuse to provide cakes for same-sex weddings, an on a note taped to the bakery door.

Finding the state law provisions constitutional, the Commissioner issued a cease and desist order barring the owners from

publishing, issuing, circulating or displaying ... any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation.

4th of July-- A Biblical Focus From Israeli Prime Minister

Israeli Prime Minister Benjamin Netanyahu has an interesting U.S. 4th of July narrative, more religious than the Independence Day speeches usually heard in American venues. Speaking (full text) on Tuesday at U.S. Independence Day celebrations at US Ambassador to Israel Daniel Shapiro's residence, Netanyahu said in part:

The Founding Fathers of America were inspired by the Bible, and specifically by the Book of the Exodus, by the dream of building freedom in a new Promised Land. And as you stand in the Chamber of the American Congress, you see right across you the image of one man - Moses, with a quote from the Bible.

And since the establishment of the United States, that's two and a half centuries, the vision of justice and the vision of peace espoused by the Prophets of Israel served as a guiding light for Americans from Thomas Jefferson to Abraham Lincoln to Martin Luther King to many others seeking to form a more perfect union.

Afghan Appeals Court Overturns Death Sentences In Mob Killing of Falsely-Accused Quran Burner

According to CNN, an Afghanistan appellate court in a secret session has overturned the death sentences of four men who were convicted in May in the brutal  mob killing of Farkhunda, a 27-year old woman who was falsely accused of burning the Qur'an.  (See prior posting.) The report which CNN received yesterday from a judge with knowledge of the decision, says that 3 of the men were re-sentenced to 20-year terms and one to 10 years.

ACLU Sues Kentucky Clerk Who Is Refusing To Issue Marriage Licenses

Yesterday the Kentucky ACLU filed a federal class-action lawsuit against Rowan County Clerk Kim Davis who is refusing to issue marriage licences to anyone because of her religious objections to issuing them to same-sex couples. (ACLU press release). The complaint (full text) in Miller v. Davis, (ED KY, filed 7/2/2015) alleges that Davis' refusal "constitutes a substantial, direct and continuous infringement upon Plaintiffs’ fundamental right to marry," as well as amounting to a violation of the Establishment Clause. AP reports on the lawsuit.

ACLU Uses Indiana RFRA In Suit Challenging New Restrictions On Sex Offenders

The ACLU of Indiana filed a lawsuit yesterday challenging the prohibition in a newly enacted state law that keeps certain registered sex offenders from attending religious services. (ACLU press release).  At issue is Indiana Code § 35-42-4-14 (eff. July 1, 2015) that bars certain registered sex offenders from entering school property.  The complaint (full text) in John Doe I v. Allen and Elkhart County Prosecutors, (IN Super. Ct., filed 7/1/2015), alleges in part:

This statute ... [bans serious sex offenders] from going to worship in churches, synagogues, mosques, or other religious buildings that are located on the same as property parochial schools or certain preschool programming. Banning sex offenders from ... church on Sunday, because there are students in a school on the same grounds on Monday, is irrational and violates the due process of law protected by the Fourteenth Amendment.... It also violates Indiana’s newly enacted Religious Freedom Restoration Act, Indiana Code § 34-13-9-0.7, et seq. (eff. July 1, 2015), which prohibits government from imposing a substantial burden on a person’s exercise of religion absent a compelling governmental interest and a showing that the action is the least restrictive means to further that interest.

AP reports on the lawsuit and reactions to it.

Suit Against Navy By Humanist Chaplain Applicant Can Proceed on Two Grounds

Heap v. Carter, (ED VA, July 1, 2015), is a suit brought by Dr. Jason Heap, a certified Humanist Celebrant, and The Humanist Society, his endorsing agency, challenging the U.S. Navy's denial of Heap's application to become a Navy Chaplain. Plaintiffs alleged that the Navy and Department of Defense have an unconstitutional policy of discrimination against Humanism.  In a 75-page opinion, a Virginia federal district court ultimately allowed Dr. Heap to move ahead with his Establishment Clause and Equal Protection/ Substantive Due Process challenges to the Navy and Department of Defense's actions.  However the court dismissed challenges brought under other parts of the 1st Amendment, the No Religious Test clause, and RFRA, dismissed The Humanist Society as a plaintiff for lack of standing and on ripeness grounds, and dismissed claims against the individual defendants.

Inspired By Supreme Court Decision, Montanans Apply For License For Polygamous Marriage

AP reported yesterday that in Billings,. Montana, a man and his two wives, citing the Supreme Court's Obergefell decision, have applied for marriage licenses to legitimize their polygamous marriage. The man, Nathan Collier, a former Mormon who was excommunicated for polygamy, said: "It's about marriage equality, You can't have this without polygamy." Officials in the Yellowstone County clerk's office are consulting with the county attorney's office before giving a final answer.  The county's chief civil litigator says that his research so far shows that  "the law simply doesn't provide for that yet." [Thanks to How Appealing for the lead.]

7th Circuit Affirms Denial of Preliminary Injunction In Wheaton College Challenge To Contraceptive Mandate Accommodation

In Wheaton College v. Burwell, (7th Cir., July 1, 2015), the U.S. 7th Circuit Court of Appeals affirmed the denial of a preliminary injunction, upholding the Obama administration's accommodation of religious non-profits' objections to the Affordable Care Act's contraceptive coverage mandate. Wheaton College argued that the government is using its health plan to get around its objections to furnishing contraceptive coverage. Under the regulations, when the government informs the non-profit's insurer of the organization's religious objections, the insurer must offer coverage directly to plan participants.  The court said in part:

We can’t order the U.S. government not to ask particular insurers to insure Wheaton’s students and employees— especially the insurers that are experienced in dealing with the members of the Wheaton community. As for Wheaton’s apparent preference that the government discover through its own research the names of Wheaton’s insurers, we cannot imagine that insistence on this roundabout path to imparting essential information to the government could justify a preliminary injunction, at least in the absence of any explanation by Wheaton of why it thinks the difference between direct and roundabout identification of its insurers pertinent to its religious commitments. 

[Thanks to How Appealing for the lead.]

Courts Move To Finalize Compliance With Obergefell, With Scattered Resistance

In the wake of the Supreme Court's Obergefell decision, the U.S. 5th Circuit Court of Appeals yesterday issued opinions in three same-sex marriage cases pending on appeal, ordering federal district courts in Mississippi (Campaign for Southern Equality v. Bryant), Louisiana (Robichearx v. Caldwell) and Texas (DeLeon v. Abbott) to enter final judgments for plaintiffs challenging same-sex marriage bans by July 17. In the Louisiana case, the court noted that speedy action was particularly necessary because of the declining health of one of the plaintiffs.

In Alabama, a federal district court judge issued an opinion yesterday in Strawser v. Strange, clarifying that the court's preliminary injunction barring enforcement of Alabama laws barring same-sex marriage is now in effect.  Meanwhile, AP reports scattered resistance to the Supreme Court's decision, with a a few judges and clerks in Alabama, Kentucky and Texas deciding to stop issuing any marriage licenses to anyone.

Suit Challenges Library Meeting Room Rules

In a lawsuit filed last Tuesday, a Christian advocacy group has challenged rules regarding the use of meeting rooms at the Lawrence, Massachusetts public library.  The complaint (full text) in Liberty Counsel, Inc. v. City of Lawrence, Massachusetts, (D MA, filed 6/30/2015), challenges the Meeting Room Policy which provides: "Political and religious groups may use the Library’s meeting rooms for administrative purposes but shall not be allowed use for the sake of proselytizing, campaigning, or otherwise influencing people to a particular belief or point of view." The policy also prohibits use of meeting rooms for religious services.  The complaint alleges that the policy violates the 1st and 14th Amendments as well as provisions of the state constitution. A Liberty Counsel press release announced the filing of the lawsuit.

Priest Sues Claiming Discrimination After Molestation Charges Are Dropped

As reported by the St. Louis Post-Dispatch, Catholic priest Xiu Hui "Joseph" Jiang, who had been charged with abusing a boy, but then had charges dropped, filed a federal lawsuit last week charging the boy's parents and others with religious and ethnic discrimination.  Jiang separately had been charged with having improper contact with a teenage girl and paying hush money to her family. Those charges have also been dropped.  The complaint (full text) in Jiang v. Porter, (ED MO, filed 6/25/2015), alleges in part:

This is a case of false accusations that have destroyed the life of a promising young man and priest. Father Xiu Hui “Joseph” Jiang (“Fr. Joseph”) fled religious persecution in his native land of China, only to face religious persecution in America in the form of unconstitutional discrimination by state officials. Defendants A.M. and N.M. falsely and maliciously accused Fr. Joseph of sexually abusing their minor son for the crass motive of monetary gain. Acting in conjunction with A.M. and N.M., officers Tonya Porter and Jaimie Pitterle engaged in invidious religious discrimination against Fr. Joseph under color of law, targeting him for differential treatment and selective prosecution because he is a Catholic priest. Defendants SNAP, David Clohessy, and Barbara Dorris have led a shameless smear campaign in the St. Louis community against Fr. Joseph, relentlessly accusing him of molesting the same minor child, with malice and reckless disregard for the actual facts of the case. All defendants fomented and participated in a tragic rush to judgment against Fr. Joseph, and all conspired to deprive Fr. Joseph of his constitutional rights,

Another Suit Against Local Michigan Police For Forcing Removal of Hijab During Booking

MLive reports that a federal lawsuit was filed yesterday against the Dearborn, Michigan police department for requiring a Muslim woman arrested on traffic charges to remove her headscarf (hijab) during the booking process.  The complaint (full text) in Aldhalimi v. City of Dearborn, (ED MI, filed 6/30/2015), contends that when police booked plaintiff for an unpaid parking violation, they required her to remove her hijab to be photographed despite her religious objections.  This is the third similar suit against local Michigan law enforcement officials this year.

Oklahoma Supreme Court Says 10 Commandments Monument Is Unconstitutional

In Prescott v. Oklahoma Capitol Preservation Commission, (OK Sup. Ct., June 30, 2015), the Oklahoma Supreme Court in a 7-2 decision held that a Ten Commandments Monument placed on the statehouse grounds must be removed. The Court held that even though no state funds were used to acquire the monument, it still operates for the use, benefit or support of a sect or system of religion in violation of Oklahoma Constitution Art. 2, Sec. 5. Rejecting the legislature's claim that the monument serves a non-religious historical purpose, the Court said: "the Ten Commandments are obviously religious in nature and are an integral part of the Jewish and Christian faiths." (See prior related posting.)