Iran Says It Will Sue Saudis Over Hajj Deaths

According to the Straits Times, Iran's Attorney-General Ibrahim Raeesi yesterday said that his country will file a lawsuit in international legal bodies against Saudi Arabia over the death of at least 769 people in a stampede during the  Hajj pilgrimage last week. (See prior posting.)  Some 130 of the dead were pilgrims from Iran, and another 340 Iranian nationals remain missing. Iran says Saudi authorities had inadequate safety measures at the symbolic stoning of the devil ritual.  The Saudi's say the stampede was beyond human control.

Pope Francis Speaks On Religious Liberty At Independence Hall

Pope Francis today during his visit to Philadelphia, delivered an address in front of Independence Hall.  The talk (full text) billed as the Address of Pope Francis at the Meeting for Religious Liberty was delivered to an audience comprised of many representatives of the immigrant community in the United States.  The Pope said in part:

Religious freedom certainly means the right to worship God, individually and in community, as our consciences dictate.  But religious liberty, by its nature, transcends places of worship and the private sphere of individuals and families. 

Our various religious traditions serve society primarily by the message they proclaim.  They call individuals and communities to worship God, the source of all life, liberty and happiness.  They remind us of the transcendent dimension of human existence and our irreducible freedom in the face of every claim to absolute power.  We need but look at history, especially the history of the last century, to see the atrocities perpetrated by systems which claimed to build one or another “earthly paradise” by dominating peoples, subjecting them to apparently indisputable principles and denying them any kind of rights.... 

In a world where various forms of modern tyranny seek to suppress religious freedom, or try to reduce it to a subculture without right to a voice in the public square, or to use religion as a pretext for hatred and brutality, it is imperative that the followers of the various religions join their voices in calling for peace, tolerance and respect for the dignity and rights of others.

CNN reported on the Pope's remarks, pointing out that Francis made "no explicit references to any of the U.S. Catholic bishops' recent battles over religious rights."

Nativity Scene Challenge Dismissed After New Law Creates Neutral Forum

In Freedom From Religion Foundation, Inc. v. Franklin County, Indiana, (SD IN, Sept. 23, 2015), an Indiana federal district court dismissed a suit challenging the annual display of a nativity scene on the lawn of the Franklin County courthouse.  After the suit was filed, the county enacted a new ordinance providing a content neutral system for erecting private displays on the courthouse lawn.  The court held that this eliminated plaintiffs' claim for injunctive relief.  While plaintiffs still sought nominal damages, the court held:

By seeking only nominal damages, plaintiffs concede ... that they suffered no actual injury, or at least that the injury they claim cannot be redressed by an award of actual damages; thus appearing to have no standing.

Thomas More Society issued a press release announcing the decision.

Obama Exchanges Views With China's President On Human Rights and Religious Freedom

China's President Xi Jinping is on a state visit to the United States. (Background).  The two leaders held a joint news conference yesterday (full text) covering a wide range of topics.  Among the topics addressed were human rights and religious freedom in China:

President Obama: ... [W]e had a frank discussion about human rights, as we have in the past.  And I again affirmed America’s unwavering support for the human rights and fundamental freedoms of all people, including freedom of assembly and expression, freedom of the press and freedom of religion.  And I expressed in candid terms our strong view that preventing journalists, lawyers, NGOs and civil society groups from operating freely, or closing churches and denying ethnic minorities equal treatment are all problematic, in our view, and actually prevent China and its people from realizing its full potential.  

Obviously, we recognize that there are real differences there.  And President Xi shared his views in terms of how he can move forward in a step-by-step way that preserves Chinese unity. So we expect that we’re going to continue to consult in these areas.  

Even as we recognize Tibet as part of the People’s Republic of China, we continue to encourage Chinese authorities to preserve the religious and cultural identity of the Tibetan people, and to engage the Dalai Lama or his representatives....

President Xi: ... Democracy and human rights are the common pursuit of mankind.  At the same time, we must recognize that countries have different historical processes and realities, and we need to respect people of all countries in the right to choose their own development path independently. 

The Chinese people are seeking to realize the great renew of the Chinese nation, which is the Chinese history.  This process in essence is a process to achieve social equity and justice and advancing human rights.  China stands ready to, in the spirit of equality and mutual respect, conduct human rights dialogue with the United States, expand consensus, reduce differences, learn from each other, and progress together.

White House Announces New Appointments To Faith-Based Advisory Council

In a press release yesterday, the White House announced the names of 18 individuals whom President Obama will appoint to his third Advisory Council on Faith-Based and Neighborhood Partnerships. Additional appointments will be announced at a later date.  According to the press release:

The charge for this Council focuses on steps the government should take to reduce poverty and inequality and create opportunity for all, including changes in policies, programs, and practices that affect the delivery of services by faith-based and community organizations and the needs of low-income and other underserved persons.

Challenge To City Council Invocation Policy Is Moot

In Beaton v. City of Eureka, (CA App, Sept. 21, 2015), a California Court of Appeals dismissed as moot a state constitutional challenge to the city of Eureka's Invocation Policy adopted in 2012.  That policy required invocations at city council meetings to be non-sectarian.  In 2014, after a 9th Circuit opinion holding that sectarian prayers at city council meetings do not violate the Establishment Clause of the California or federal constitutions, Eureka adopted a revised Invocation Policy.  The challenge to the original policy is moot and the court refused to rule on the broader question of whether legislative prayer in all forms violates the California constitution.

At St. Patrick's, Pope Francis Talks of Muslims, Sex Abuse Scandal and Liberal Nuns

Arriving in New York City, the second leg of his trip to the United States, Pope Francis last night delivered a homily during vespers at St. Patrick's Cathedral. Speaking in Spanish, the Pope again dealt with topics that touched political chords in the United States. New York Times has the translation of his remarks in the form they were prepared for delivery. ABC News has a translation that includes a preliminary paragraph the Pope added extending greetings to "my Muslim brothers and sisters ... as they celebrate the feast of the sacrifice."  He also extended his "sentiments of closeness" to Muslims on the deaths of hundreds in the crush of Hajj crowds near Mecca yesterday. (See prior posting.)

In remarks that are likely to be criticized by victim advocates, the Pope gave support to American priests in the wake of Church sex abuse scandals:

I know that, as a presbyterate in the midst of God’s people, you suffered greatly in the not distant past by having to bear the shame of some of your brothers who harmed and scandalized the Church in the most vulnerable of her members… In the words of the Book of Revelation, I know well that you “have come forth from the great tribulation” (Rev 7:14). I accompany you at this time of pain and difficulty, and I thank God for your faithful service to his people.

During his remarks, the Pope also gave a particularly strong shout out to American nuns, who had been the subject of criticism during Pope Benedict XVI's tenure for their not hewing closely enough to conservative positions of the American bishops. (See prior posting.)  Pope Francis said:

In a special way I would like to express my esteem and gratitude to the religious women of the United States. What would the Church be without you? Women of strength, fighters, with that spirit of courage which puts you in the front lines in the proclamation of the Gospel. To you, religious women, sisters and mothers of this people, I wish to say “thank you”, a big thank you… and to tell you that I love you very much.

I know that many of you are in the front lines in meeting the challenges of adapting to an evolving pastoral landscape. Whatever difficulties and trials you face, I ask you, like Saint Peter, to be at peace and to respond to them as Christ did: he thanked the Father, took up his cross and looked forward!

USA Today reports that the Pope was twice interrupted by applause during his remarks praising American nuns.

Suit Against Synagogue Alleges Pregnancy Discrimination

New York Post reports on a pregnancy/ gender discrimination lawsuit filed in New York federal district court against the elite Upper-West Side Orthodox Jewish congregation, Shearith Israel, by its long-time program director, Alana Shultz. According to the complaint (full text) in Shultz v. Congregation Shearith Israel of the City of New York, (SD NY, filed 9/22/2015), the congregation fired Shultz (under the pretext of a staff restructuring) after she informed her supervisor that she was 19 weeks pregnant when her Orthodox Jewish wedding ceremony was performed.  The dismissal took place when Shultz returned from her honeymoon 23 weeks pregnant.  After Shultz hired counsel, the synagogue offered to hire her back, but Shultz refused. The complaint alleges violations of New York city and state anti-discrimination laws and the federal Family Medical Leave Act.  The suit does not allege violations of the federal Pregnancy Discrimination Act, presumably because of the exemption for religious institutions.

UPDATE: Congregation Shearith Israel denies the allegations in the complaint and says Shultz is still employed, receiving the same compensation and benefits, even though she has not bee at work since Aug. 14. (Forward, 9/27).

Suit Against Former Pastor For Financial Misdeeds Dismissed On Church Autonomy Grounds

In Trustees of the Alpine Methodist Episcopal Church v. New Jersey United Methodist Church, (NJ Super., Sept. 22, 2015), a New Jersey trial court dismissed on church autonomy and hierarchical deference grounds a suit by the trustees of a Methodist congregation  against its former pastor for misuse of church funds. The court said in part:

Here, Plaintiff alleges that Rev. Kim misused or misappropriated church funds and property in a variety of ways, including forging checks, paying his personal utility bills with Church funds, and utilizing Tipton [the financial secretary] as a means to convert church donations.... 

Before the Court can determine whether Rev. Kim is liable to Plaintiff under any claim, it would first have to determine whether Rev. Kim violated the rules set forth in The Book of Discipline and whether the [United Methodist Church's] policy and polity permitted Rev. Kim to engage in certain financial and managerial practices....

Moreover, Plaintiff’s sought relief through the UMC’s process, wherein Plaintiff’s representatives at the Church met with Superintendent Plumstead.... Plumstead met with the Church’s Staff Parish Relations Committee and advised the Committee that they had several options. The Committee could “move on”, i.e., accepting that grievances were duly lodged, or pursue internal church or legal action by filing a formal complaint with the bishop’s office... The Committee did not take any further internal church or legal action. In response, Plaintiff, by and through new representatives, did not accept this decision and decided to separate from the UMC.... Plaintiff believes that the hierarchical bodies of the UMC did not reach a just resolution of their claims and therefore, seeks relief in a secular court. Plaintiff’s recent disenchantment with the UMC does not warrant secular court review in contravention of the longstanding jurisprudence of this state’s Appellate Division, its sister states, and the Supreme Court of the United States

Mosque Can Proceed With RLUIPA Challenge To Denial of Use Variance

Bensalem Masjid, Inc. v. Bensalem Township, Pennsylvania, (ED PA, Sept. 22, 2015), is a suit by an Islamic religious organization that was denied a use variance to allow it to build a mosque on a split-zoned parcel of property.  Plaintiff alleges that its application was scrutinized much more harshly than those from other groups. Here a Pennsylvania federal district court held that plaintiff can proceed on its substantial burden, non-discrimination, unreasonable limitation and equal terms claims under RLUIPA, its free exercise and equal protection claims, and its state Religious Freedom Protection Act claim.

South Carolina Supreme Court Hears Oral Arguments In Episcopal Church Split

Yesterday, the South Carolina Supreme Court heard oral arguments in Protestant Episcopal Church In The Diocese of South Carolina v. Episcopal Church.  In the case, a state trial court held that 38 break-away Episcopal parishes in South Carolina retain ownership of their real, personal and intellectual property. It rejected claims by The Episcopal Church that an express or a constructive trust existed under which it could claim the property. (See prior posting.)  Both The State and the Post and Courier have reports on the arguments.  Also available online are the Appellants' Brief and Respondents' Brief to the state Supreme Court.  A related case is winding its way through federal courts. (See prior posting.)

Pope Francis Addresses Joint Session of Congress

Pope Francis this morning became the first Pope to address a joint session of Congress. He delivered an hour-long speech (full text) filled with appeals, often framed in subtle and sophisticated nuance, appealing to Congress and Americans to realize their own potential on a wide range of issues-- many of them politically charged.  Here are some of the more memorable quotes:

All of us are quite aware of, and deeply worried by, the disturbing social and political situation of the world today.  Our world is increasingly a place of violent conflict, hatred and brutal atrocities, committed even in the name of God and of religion.  We know that no religion is immune from forms of individual delusion or ideological extremism.  This means that we must be especially attentive to every type of fundamentalism, whether religious or of any other kind.  A delicate balance is required to combat violence perpetrated in the name of a religion, an ideology or an economic system, while also safeguarding religious freedom, intellectual freedom and individual freedoms.  But there is another temptation which we must especially guard against: the simplistic reductionism which sees only good or evil; or, if you will, the righteous and sinners.  The contemporary world, with its open wounds which affect so many of our brothers and sisters, demands that we confront every form of polarization which would divide it into these two camps.  We know that in the attempt to be freed of the enemy without, we can be tempted to feed the enemy within.  To imitate the hatred and violence of tyrants and murderers is the best way to take their place.  That is something which you, as a people, reject..... 

In recent centuries, millions of people came to this land to pursue their dream of building a future in freedom.  We, the people of this continent, are not fearful of foreigners, because most of us were once foreigners.  I say this to you as the son of immigrants, knowing that so many of you are also descended from immigrants.  Tragically, the rights of those who were here long before us were not always respected.  For those peoples and their nations, from the heart of American democracy, I wish to reaffirm my highest esteem and appreciation.  Those first contacts were often turbulent and violent, but it is difficult to judge the past by the criteria of the present.  Nonetheless, when the stranger in our midst appeals to us, we must not repeat the sins and the errors of the past.  We must resolve now to live as nobly and as justly as possible, as we educate new generations not to turn their back on our “neighbors” and everything around us.  Building a nation calls us to recognize that we must constantly relate to others, rejecting a mindset of hostility in order to adopt one of reciprocal subsidiarity, in a constant effort to do our best.  I am confident that we can do this.....

The fight against poverty and hunger must be fought constantly and on many fronts, especially in its causes.  I know that many Americans today, as in the past, are working to deal with this problem.

It goes without saying that part of this great effort is the creation and distribution of wealth.  The right use of natural resources, the proper application of technology and the harnessing of the spirit of enterprise are essential elements of an economy which seeks to be modern, inclusive and sustainable.  “Business is a noble vocation, directed to producing wealth and improving the world.  It can be a fruitful source of prosperity for the area in which it operates, especially if it sees the creation of jobs as an essential part of its service to the common good” (Laudato Si’, 129).  This common good also includes the earth, a central theme of the encyclical which I recently wrote in order to “enter into dialogue with all people about our common home” (ibid., 3).  “We need a conversation which includes everyone, since the environmental challenge we are undergoing, and its human roots, concern and affect us all” (ibid., 14).

 Washington Post has additional reporting on the speech.

Over 700 Killed In Hajj Crush of Pilgrims

Reuters reports that at least 717 Hajj pilgrims were killed and 805 others injured in a stampede outside Mecca today.  The crush occurred when two large groups of pilgrims arrived at the same time at a crossroads on the way to performing the "stoning the devil" ceremony at Jamarat. 4,000 rescue workers have been sent to the location of the accident.

In Unscheduled Stop, Pope Supports Challenge To ACA Contraceptive Mandate Accommodation

According to the Washington Post, Pope Francis as part of his visit to Washington yesterday made an unscheduled stop at the convent of the Little Sisters of the Poor.  The Little Sisters, who operate homes for the elderly in cities across the country, is involved in a high profile court case challenging the Obama Administration's accommodation for religious non-profits that object to making contraceptive coverage available to their employees. Vatican Radio reports today:

This is a sign, obviously of support for them [in their court case]” said Father Federico Lombardi, SJ, the head of the Holy See Press Office.

“In this sense it is connected also to the words that the Pope has said in support of the Bishops of the United States in the speech to President Obama,” Father Lombardi continued.

“This was a little addition to the programme, but I think it has an important meaning in this moment,” he said.

Presumably Father Lombardi's reference to the Pope's talk at the White House (see prior posting) were to this portion of the Pope's remarks:

[American Catholics are] concerned that efforts to build a just and wisely ordered society respect their deepest concerns and their right to religious liberty.  That freedom remains one of America’s most precious possessions.  And, as my brothers, the United States Bishops, have reminded us, all are called to be vigilant, precisely as good citizens, to preserve and defend that freedom from everything that would threaten or compromise it.

Little Sisters of the Poor have filed a petition for certiorari asking the U.S. Supreme Court to review the 10th Circuit's decision upholding the Obama Administration's contraceptive coverage accommodation for religious non-profits. (See prior posting.)

Florida City Ends Invocations After Satanist Demands Participation

The Coral Springs, Florida City Council has decided to end its practice of offering an invocation to open council meetings.  According to a report this week from Christian News Network, the decision came after a Satanist requested to lead an invocation.  Bowing to the campaign by Satanist Chaz Stevens to force an end to city council prayers by "mak[ing] a fiasco out of it," Coal Gables Mayor Skip Campbell said he did not want to spend thousands of dollars on lawyers fees to fight Stevens' invocation request.

Pope Addresses Politically Sensitive Topics In First U.S. Speeches

In his first full day in the United States, Pope Francis today waded into the politically sensitive topics of immigration, climate change and the Church's sex abuse scandals.  He gave two major addresses one at the White House this morning (full text) and a second (full text) to the U.S. Catholic Bishops at a mass at the Cathedral of St. Matthew the Apostle, close to the White House. Here are some excerpts:

On immigration:

As the son of an immigrant family, I am happy to be a guest in this country, which was largely built by such families. (White House speech).

My second recommendation has to do with immigrants.  I ask you to excuse me if in some way I am pleading my own case.  The Church in the United States knows like few others the hopes present in the hearts of these “pilgrims”.  From the beginning you have learned their languages, promoted their cause, made their contributions your own, defended their rights, helped them to prosper, and kept alive the flame of their faith.  Even today, no American institution does more for immigrants than your Christian communities.  Now you are facing this stream of Latin immigration which affects many of your dioceses.  Not only as the Bishop of Rome, but also as a pastor from the South, I feel the need to thank and encourage you.  Perhaps it will not be easy for you to look into their soul; perhaps you will be challenged by their diversity.  But know that they also possess resources meant to be shared.  So do not be afraid to welcome them.  Offer them the warmth of the love of Christ and you will unlock the mystery of their heart.  I am certain that, as so often in the past, these people will enrich America and its Church. (Speech at St. Matthew's').

On Church sex abuse scandals:

I am also conscious of the courage with which you have faced difficult moments in the recent history of the Church in this country without fear of self-criticism and at the cost of mortification and great sacrifice.  Nor have you been afraid to divest whatever is unessential in order to regain the authority and trust which is demanded of ministers of Christ and rightly expected by the faithful.  I realize how much the pain of recent years has weighed upon you and I have supported your generous commitment to bring healing to victims – in the knowledge that in healing we too are healed – and to work to ensure that such crimes will never be repeated. (Speech at St. Matthew's)

On climate change:

Mr. President, I find it encouraging that you are proposing an initiative for reducing air pollution.  Accepting the urgency, it seems clear to me also that climate change is a problem which can no longer be left to a future generation.  When it comes to the care of our “common home”, we are living at a critical moment of history.  We still have time to make the changes needed to bring about “a sustainable and integral development, for we know that things can change” (Laudato Si’, 13).  Such change demands on our part a serious and responsible recognition not only of the kind of world we may be leaving to our children, but also to the millions of people living under a system which has overlooked them.  Our common home has been part of this group of the excluded which cries out to heaven and which today powerfully strikes our homes, our cities and our societies.  To use a telling phrase of the Reverend Martin Luther King, we can say that we have defaulted on a promissory note and now is the time to honor it. (Speech at White House).

Parties Dismiss Suit That Claimed Teacher Punished Student For Nonbelief

WANE News reports that yesterday an Indiana federal district court dismissed, upon agreement of the parties, a suit that was filed in June claiming that a Fort Wayne (IN) elementary school teacher punished a second grade student who allegedly upset classmates by telling them that he did not go to church or believe in God. (See prior posting.)  The case is A.B. v. Meyer, (ND IN). An internal school investigation found that teacher Michelle Meyer acted appropriately and that the complaint in the lawsuit did not accurately reflect what had happened.  The teacher said her concern was that the student did not care about the impact of his words on a fellow student.

Pope Francis Visit To U.S. Begins Today-- How To Follow The Events

The White House has posted a page on its website captioned Pope Francis Is Coming To Washington.  It sets out the Pope's schedule for his visits to D.C., New York and Philadelphia, and other basic information about the visit.  It also provides a form to sign up for e-mail alerts during the Pope's visit.  He arrives from Cuba at Andrews Air Force Base today at 4:00 p.m.  Coverage of the visit will be streamed live online by the U.S. Conference of Catholic Bishops here.  EWTN is also providing live streaming of both the Cuba and U.S. portions of the visit. Of course, the Vatican News Portal also has extensive coverage.  A private Catholic evangelization website, Pope Francis Visit 2015, has extensive background material and coverage as well.  It even offers extensive Pope Francis merchandise and memorabilia for sale.

More On Rowan County, Kentucky, and Marriage Licenses

When Kentucky federal district court Judge David Bunning released Rowan County Clerk Kim Davis from jail where she had been placed for refusing to comply with a court order to issue same-sex marriage licenses (see prior posting), he also ordered the five deputy clerks who agreed to comply with the order to file a status report every 14 days. (Full text of order). The first of the ordered reports (full text) was filed on Sept. 18 on behalf of Deputy Brian Mason, the Deputy Clerk who, by mutual agreement, is actually issuing the licenses.  He reports in detail on language changes Kim Davis made in the forms. These include elimination of references to Davis in the form. The other Deputy Clerks filed their first status reports yesterday (Sept. 21).  Perhaps the most interesting (full text) is the one filed on behalf of Deputy Clerk Kristy Plank, which says in part:

As of this filing, Mrs. Plank reports that, to the best of her knowledge, all requests for marriage licenses requested by legally qualified couples have been issued.  The only denial of a marriage license application that has occurred within the last two weeks was to a gentleman who stated that he wanted a license that would permit him to marry “Jesus”. When it was explained to the individual that both parties had to be present, he stated, “Jesus is always present”. After being denied, the gentleman returned later and presented a type of Power of Attorney document issued by his church granting him authority to sign “Jesus’” name. Since both parties were not present these requests were denied.

For those who want to follow all the filings in this case (and in other cases involving LGBT rights), a comprehensive source is the non-profit organization Equality Case Files which posts these primary source materials online.  They are most easily accessed through the group's Twitter feed, its Facebook page or its library on Scribd. [Thanks to Marty Lederman via Religionlaw for the lead.]

UPDATE: On Sept. 21, the ACLU filed a motion (full text) with the court asking it to issue an order requiring marriage licences issued by the Rowan County Clerk's Office to be in the form that was used prior to Sept. 8, and not in the altered form that Davis has imposed. The motion argues that the changes-- especially listing the person signing it as "Notary Public" rather than "Deputy Clerk"-- cast question on the validity of the license and casts "a stamp of animus against the LGBT community."

CAIR Calls For Carson To Withdraw From Presidential Race Because of His Comments About Muslims

As reported by the Wall Street Journal, yesterday CAIR-- the Council on American-Islamic Relations-- called for Dr. Ben Carson to withdraw from the contest for the Republican Presidential nomination, saying that Carson "is unfit to lead and because his views are inconsistent with the United States Constitution."  The call comes after Carson, who identifies as a Seventh Day Adventist, said on Sunday's Meet the Press that a Muslim should not be made President and that Islam is inconsistent with the U.S. Constitution. (See prior posting.)  In an interview with The Hill on Sunday, Carson expanded on  his views:

I do not believe Sharia is consistent with the Constitution of this country.  Muslims feel that their religion is very much a part of your public life and what you do as a public official, and that’s inconsistent with our principles and our Constitution.

According to The Hill:

Carson said that the only exception he’d make would be if the Muslim running for office “publicly rejected all the tenants of Sharia and lived a life consistent with that.”

...  However, on several occasions Carson mentioned "Taqiyya," a practice in the Shia Islam denomination in which a Muslim can mislead nonbelievers about the nature of their faith to avoid religious persecution. “Taqiyya is a component of Shia that allows, and even encourages you to lie to achieve your goals,” Carson said.

CAIR says it will send each candidate in the primaries a copy of the Koran, and will send a copy to any American who requests it and pays the cost of shipping.