Jury Awards Fired Muslim Drivers $240,000 In Damages

According to the Peoria Star Journal , an Illinois federal district court jury this week awarded $240,000 in damages to two Muslim men who were fired by the Illinois-based Star Transport, Inc. when the men refused on religious grounds to deliver alcohol.  In March, a federal judge held that the company's failure to accommodate the drivers' religious practices violated Title VII.  The 2-day jury trial focused on the amount of damages.  However it is unclear whether the judgment is collectible since the company went out of business earlier this year. (See prior related posting.)

Court Denies Class Certification In Title VII Religious Accommodation Suit Against GM

In Robinson v. General Motors Company, (ND TX, Oct. 21, 2015), a Texas federal district court  refused to certify as a class action a Title VII suit seeking to require General Motors to allow unpaid days off for observance of holy days by employees whose religious beliefs prohibit them from working or receiving compensation (e.g., vacation pay) on their holidays.  The suit was brought by two employees, one a member of the Tyler Sabbath Fellowship and the other a member of a Messianic Jewish congregation. The court dismissed the suit, saying:

Here, the Court has no way to ascertain the class under Plaintiffs’ definition since the requested class includes any GM employee who might request unpaid religious leave in the future....  Such a class is not adequately defined or ascertainable.

However plaintiffs were given leave to file an amended complaint.  Reuters reports on the decision.

Donald Trump: Closing Certain Mosques To Fight ISIS Might Be OK

Republican presidential front-runner Donald Trump has created a new controversy in an Oct. 20 interview (video of full interview) on Fox Business Varney & Co. in which he suggested that he might favor closing of certain mosques as a method to fight ISIS.  As reported by Mediaite:

Host Stuart Varney asked about a series of anti-ISIS measures the British government has taken. “They’ve got a whole new series of proposals to deal with this, including withdrawal of passports from some of these people who’ve gone over just to fight–”

“Absolutely. Good, good,” Trump said.

“…and closing some mosques,” he continued. “Would you do the same thing in America?”

“I would do that,” Trump responded. “Absolutely, I think it’s great.”

“Can you do it?” pressed Varney. “Can you close a mosque? We do have religious freedom.”

“Well, I don’t know,” Trump admitted. “I mean, I haven’t heard about the closing of the mosque. It depends, if the mosque is, you know, loaded for bear, I don’t know. You’re going to have to certainly look at it.”

In Ireland, Non-Catholic Students Have Difficulty Locating A School

The Guardian reported yesterday on efforts in Ireland to obtain repeal of the provision in Section 7 of the Equal Status Act 2000 which allows state-funded schools operated by religious institutions to give preference to, or  in some cases limit admission to, members of the denomination sponsoring the school.  Some 90% of state-funded schools in Ireland are run by the Catholic Church. They give preference to students who have been baptized.  Many non-Catholics are finding it extremely difficult to locate a good school for their children.  The main secular schools are run by an organization known as Educate Together.  But its 74 schools do not have enough places for all their applicants. More than 16,000 people have signed a petition that will be presented to Parliament.  They argue that the Equal Status Act provision violates Article 44.2.3 of Ireland's Constitution which prohibits government discrimination on the basis of religion or belief.

Court Rejects Free Exercise Defense In Marijuana Case

MLive reports that Branden James Barnes, who claims to be a medicine man for the Oklevueha Native American Church (ONAC), pleaded guilty on Tuesday in a Michigan federal district court to charges of manufacturing more than 50 marijuana plants.  The plea came after the court rejected arguments by Barnes' attorney that his marijuana production is protected by the 1st Amendment and RFRA. It was contended that in the ONAC, ritual use of marijuana provides a spiritual experience and healing.  Barnes attorney had argued that the changing attitudes toward marijuana, and its legalization in some states, undercuts prior holdings that the state has a compelling interest in regulating the drug. According to the government, ONAC is a scam-- providing a membership card for $200 which it represents allows the holder to freely possess and use controlled substances. The court also rejected Barnes' attempt to file his own appeal separate from the pleadings filed by his attorney. He argued that his attorney had failed to educate herself about ONAC.

Madoff Bankruptcy Trustee Recovers Substantial Amounts For Fraud Victims

According to a filing in federal bankruptcy court in New York this week, many of the victims of the 2008 investment fraud carried out by Bernie Madoff will recover most or all of their losses. Among the victims were a number of Jewish philanthropic organizations. The Jewish Press reported yesterday that court-appointed bankruptcy trustee Irving Picard has recovered, or reached agreements to recover, some $10.9 billion on behalf of victims of the Ponzi scheme. If the court approves the latest distribution proposed by Picard, victims who invested up to $1.61 million with Madoff (1264 out of 2227 victims) will get all of their funds returned. Those who invested more will receive back 57% of their investment.  A number of the Jewish charitable foundations who were victimized each had well over $1.61 million invested. (See prior posting.) The Wall Street Journal reports that this latest payout has been delayed as litigation over how to calculate the losses of some investors has wound its way through the courts.

Canadian Court: Grandparents Have No Right To Force Religious Exposure On Grandchild Over Mother's Objections

In A.R. and B.R. v. M.W. and L.R., (BC Prov. Ct., Oct. 21, 2015), a British Columbia (Canada) Provincial Court rejected an application by paternal grandparents for unsupervised contact time with their 4-year old granddaughter.  The grandparents want to be part of the child's life even though their son (the child's father) has little contact with them or with the child.  The child's mother, however, objects to the grandparents' insistence on taking the child to Jehovah's Witness religious services.  The court rejected the grandparents' claim that their right under the Canadian Charter of Rights and Freedoms to free exercise of religion has been infringed, saying:

No one is questioning the applicants’ right to practice their religion. This dispute arises from the applicants’ refusal to accept that they have no say in the religious and spiritual upbringing of A.W. They are not guardians and they do not have any parental responsibilities.

The court limited the grandparents' visits to one hour per month in the mother's home, supervised by the mother.  CBC News reports on the decision.

National Evangelical Group Takes More Flexible Stance On Capital Punishment

The National Association of Evangelicals this week released a new Resolution on Capital Punishment (full text) adopted at its semi-annual meeting.  The Resolution recognizes that instead of the previous widespread support for capital punishment, now Evangelical Christians differ in their beliefs as to whether capital punishment should be a part of American law.  The Resolution offers arguments both for and against the death penalty, saying in part:

As evangelicals, we believe that moral revulsion or distaste for the death penalty is not a sufficient reason to oppose it. But leaders from various parts of the evangelical family have made a biblical and theological case either against the death penalty or against its continued use in a society where biblical standards of justice are difficult to reach. In Mosaic Law, standards of evidence were stringent, requiring a minimum of two eyewitnesses who were willing to stake their own lives on the truthfulness of their testimony and who would initiate the execution by “casting the first stone.” Circumstantial evidence was not permitted. The contemporary American system is unlikely to reach such standards of evidence, and given the utter seriousness of capital crimes, the alarming frequency of post-conviction exonerations leads to calls for radical reform....

Other evangelicals continue to support the death penalty in limited circumstances as a legitimate exercise of the state’s responsibility to administer justice, and as a deterrent to crime. They point to heinous crimes, such as mass murder, terrorism, and the abduction, rape and murder of a young child, in which the perpetrator is caught on camera or is seen by multiple witnesses, where the evidence is overwhelming and there are no issues of mental incompetency. In such cases, some evangelicals argue for swift prosecution, with necessary safeguards, and if appropriate application of the death penalty as the best way to render justice, deter future crimes and allow the victim’s family and community to heal.

In France, Marie Le Pen's Trial For Inciting Hatred Towards Muslims Begins

In Lyon, France, yesterday, the trial of Marine Le Pen, leader of the far right National Front Party began.  As reported by The Guardian and The Local, Le Pen is charged with "incitement to discrimination, violence or hatred towards a group of people on the basis of their religion" in a suit brought by four human rights groups. During the campaign in 2010 to take over leadership of the National Front Party from her father, Le Pen complained about Muslims praying in the streets in three French cities where there are shortages of mosques.  She said:

I’m sorry, but for those who really like to talk about the second world war, if we’re talking about occupation, we can also talk about this while we’re at it, because this is an occupation of territory. It’s an occupation of swaths of territory, of areas in which religious laws apply … for sure, there are no tanks, no soldiers, but it’s an occupation all the same and it weighs on people.

In court, the French State Prosecutor recommended that the judges find Le Pen's remarks protected by her freedom of expression.

Church Sues Seeking Use of Public Housing Community Rooms For Worship Services

Last week, a Christian church in Lansing, Michigan filed a federal lawsuit challenging the policy of the Lansing Housing Commission on use of community rooms in public housing developments. The Commission bars use of the rooms for religious worship services, while allowing them to be used by religious and non-religious groups for other activities.  The complaint (full text) in His Healing Hands Church v. Lansing Housing Commission, (WD MI, filed 10/14/2015), says that it will shortly be too cold in Michigan for the church to hold services outside as it is now doing.  The lawsuit contends that the city has violated the Establishment Clause as well as the  church's free speech, free exercise, and equal protection rights. An ADF press release announced the filing of the lawsuit.

Death Count From Hajj Stampede Now Believed To Be Over 2,100

AP reported yesterday that its research shows the death toll from the Sept. 24 crush of mobs outside Mecca during this year's Hajj (see prior posting) has now risen to at least 2,121.  The data comes from comments by officials from some 30 of the countries that sent pilgrims to Saudi Arabia.  The largest number of those killed were from Iran which says it had 465 fatalities. Iran has blamed the deaths on the Saudi royal family.

Anti-Gay Westboro Baptist Church Pickets Anti-Gay Marriage Kim Davis

In a move that puzzled some observers, four members of the Kansas-based Westboro Baptist Church yesterday picketed near the Rowan County, Kentucky courthouse.  Westboro, known for its virulent anti-gay rhetoric, was protesting Kim Davis, the Kentucky county clerk who has gained notice for her refusal to issue marriage licenses to same-sex couples. According to the Louisville Courier-Journal, a Westboro spokesperson Shirley Phelps-Roper said that Westboro objected to the fact that Davis is divorced and remarried.  Phelps-Roper said:

This woman wants to say that her sin isn’t as grievous as the same-sex marriage sin.  It’s all sin. It’s all awful. But her sin enabled that sin. When you look up, and all the Christians have given over the moral high ground, what voice do they have left?

She also argued that Kim Davis should nevertheless follow the law and issue marriage licenses to same-sex couples, saying: "God hates oath breakers just like he hates adultery and he hates same-sex marriage."

Science Faculty Charge University With Discrimination Against Muslims

According to yesterday's New Orleans Times-Picayune, a faculty member in the Department of Natural Sciences at Southern University at New Orleans has filed a complaint with the EEOC charging that the University discriminated against Muslim faculty and job applicants.  Professor Ibrahim Ekaidi and a Muslim colleague, Bashir Atteia, were removed from a hiring committee because they collaborated on the ratings they gave to certain candidates. They rated two Muslim candidates for positions in department among the three highest; however other members of the hiring committee also ranked them high.  The chairman of the department removed the names of the two applicants from the list of those being considered and denied them interviews. When Ekaidi and his colleague protested their removal from the committee, the department chair recommended that they resign from the faculty.

Zambia Tries To Solve Financial Crisis Through Day of Prayer

Zambia observed yesterday as a national day of fasting and prayer for recovery of the value of the country's currency, the Kwacha.  According to RT News, President Edgar Lungu called for the day of prayer after the value of the Kwacha dropped 45% against the dollar this year.  A global drop in commodity prices affected the country's main export-- copper, while lack of rain has caused hydroelectric plants to cut electricity by up to 14 hours per day. In a speech yesterday, Lungu said:

I personally believe that since we humbled ourselves and cried out to God, the Lord has heard our cry.  I appeal to all of you to do your best and leave the rest to God.

However, the managing director at Sub-Saharan Consulting Group Zambia, Trevor Simumba, observed:

No matter how many prayers you make it doesn’t change the fact that you have a fiscal deficit and you’re not doing anything to reduce that fiscal deficit. We know God can do miracles, but He cannot change things that are facts on the ground.

Recent Articles and Books of Interest

From SSRN:

• Travis Gasper, A Religious Right to Discriminate: Hobby Lobby and 'Religious Freedom' as a Threat to the LGBT Community, (Texas A&M Law Review, Forthcoming).
• Gila Stopler,The Challenge of Strong Religion in the Liberal State, (32(2) Boston University International Law Journal 411-448 (2014)).
• Joel Harrison & Patrick Parkinson, Freedom Beyond the Commons: Managing the Tension between Faith and Equality in a Multicultural Society, ((2014) 40 Monash University Law Review 413).
• Joel Harrison, Debating Rights and Same-Gender Relationships, (October 12, 2015).
• Jack Tsen-Ta Lee, Equality and Singapore's First Constitutional Challenges to the Criminalization of Male Homosexual Conduct, (Asia-Pacific Journal on Human Rights and the Law, vol 16(1-2), pp 150-185 (2015)).
• Stephen F. Befort & Michael Vargas, Same-Sex Marriage and Title VII, (Santa Clara Law Review, Vol. 56, 2015).
• Virgemarie A. Salazar, Islamic Perspectives on Democracy, (December 3, 2014).
• Jennifer Ann Urban, Islamic Financing - A Successful Takeoff or a Crash Landing? Whether or Not Islamic Financing Should Be Used to Finance and Lease Aircraft, (2015).
• Virgemarie A. Salazar, Theocracy in Iran: From an Ideology to an Islamic Republic, (February 1, 2014).

From SmartCILP:

• Isabelle R. Gunning, Lawyers of All Faiths: Constructing Professional Identity and Finding Common Ground, [Abstract], 39 Journal of the Legal Profession 231-272 (2015).
• Sr. Helen PreJean, Letter To a Law Student, Dear Young Person, 8 DePaul Journal for Social Justice 151-160 (2015).

Recent Books:

• John  Witte, Jr., The Western Case for Monogamy Over Polygamy, (Cambridge Univ. Press, May 2015).
• Robin Griffith-Jones & Mark Hill (eds.), Magna Carta, Religion and the Rule of Law, (Cambridge Univ. Press, April 2015).
• John Slight, The British Empire and the Hajj 1865-1956, (Harvard Univ. Press, Sept. 2015).
• John L. Esposito, Tamara Sonn & John O. Voll, Islam and Democracy after the Arab Spring, (Oxford Univ. Press, Nov. 2015).

Article Traces Church Where Teen Killed By Parents and Others In Counseling Session

An AP report yesterday reviews developments this week in upstate New York in the beatings of two teens by their parents and other members of the Word of Life Christian Church:

Six church leaders and parishioners now face charges including manslaughter and assault for a brutal beating in the sanctuary last Sunday that left 19-year-old Lucas Leonard dead and his 17-year-old brother Christopher hospitalized. Church members Bruce and Deborah Leonard, parents of the victims, face the most serious charge, manslaughter. Deborah Leonard's daughter, Sarah Ferguson, and Joseph Irwin, both face assault charges.

Police say the beatings arose out of a "counseling session" that may have been related to Lucas Leonard wanting to leave the church.

Apparently over the years the Church, which now has only some 20 members, has changed, and the AP article traces this history.

Churches Sue In Challenge To California Mandate For Health Insurance Abortion Coverage

In California yesterday, three churches filed  suit against the California Department of Managed Health Care (DMHC) to prevent enforcement against those who object on religious grounds of a requirement that most health insurance policies issued in California provide coverage for abortions.  The complaint (full text) in Foothill Church v. Rouillard, (ED CA, filed 10/16/2015) focuses on a letter (full text) sent to insurance companies last year reminding them that

the Knox-Keene Health Care Service Plan Act of 1975 ... requires the provision of basic health care services and the California Constitution prohibits health plans from discriminating against women who choose to terminate a pregnancy. Thus, all health plans must treat maternity services and legal abortion neutrally.

ADF issued a press release announcing the filing of the lawsuit and tracing prior administrative complaints about DMHC's action.

British Agency Orders Government Funded Jewish High School To Change Admission Requirement

In Britain, the government's Office of the Schools Adjudicator has required London's Hasmonean High School, a government-funded Orthodox Jewish high school, to change its admission requirements.  The Jewish Press reports that OSA's action comes in response to a complaint from parents about the requirement that a rabbi certify that students' families have observed at least 3 of 5 specific religious requirements during the past year.  One of the 5 is the observance of the laws of family purity. The OSA held that this inquiry could be embarrassing or intrusive for some families and could not be assessed objectively.

Minority Religious Groups Sue In Nation of Georgia Challenging Unequal Tax Obligations

In the nation of Georgia, eight religious organizations have filed a lawsuit with the Constitutional Court challenging the favorable tax treatment given to the Georgian Orthodox Church.  Democracy & Freedom Watch reports on the suit, brought by Catholic, Baptist, Muslim, Seventh Day Adventist and three other Christian groups.  The lawsuit contends that regulations which require petitioners to pay income and property taxes from which the Orthodox Church is exempt violate the equality protections of Article 14 Georgia's Constitution.

European Court Says Armenian Genocide Denial Protected By Freedom of Expression

In Case of Perincek v. Switzerland, (ECHR, Oct. 15, 2015), the European Court of Human Rights in a Grand Chamber judgment, by a vote of 10-7, held that Switzerland violated Art. 10 of the European Convention on Human Rights (freedom of expression) when it criminally convicted the head of the Turkish Workers Party of violating Swiss law when he, at three public events in Switzerland, denied the 1915 Armenian genocide.  Swiss courts found Doğu Perinçek guilty of violating Art. 261 of the Swiss Criminal Code which, among other things, criminalizes denying, trivializing or seeking justification for genocide or other crimes against humanity. The European Court, finding his conviction in violation of the Convention, said in part in its majority opinion:

Taking into account ... that the applicant’s statements bore on a matter of public interest and did not amount to a call for hatred or intolerance, that the context in which they were made was not marked by heightened tensions or special historical overtones in Switzerland, that the statements cannot be regarded as affecting the dignity of the members of the Armenian community to the point of requiring a criminal law response in Switzerland, that there is no international law obligation for Switzerland to criminalise such statements, that the Swiss courts appear to have censured the applicant for voicing an opinion that diverged from the established ones in Switzerland, and that the interference took the serious form of a criminal conviction – the Court concludes that it was not necessary, in a democratic society, to subject the applicant to a criminal penalty in order to protect the rights of the Armenian community at stake in the present case.