Christian Group Sues Challenging University's Speech Permit Policy

A Christian student organization at North Carolina State University this week filed suit against University officials challenging the school's Speech Permit Policy that requires students to obtain prior written permission before distributing leaflets or soliciting passersby. According to the complaint (full text) in Grace Christian Life v. Woodson, (ED NC, filed 4/26/2016), Grace Christian Life's members and staff initiate conversations with students about religion. These conversations take place in and around the Student Union. University officials informed the group that the University's Speech Permit Policy applies to these conversations. Plaintiffs allege that the Policy has not been similarly enforced against other groups, and contends that the policy and its enforcement infringe Christian Life's 1st and 14th Amendment rights. the Raleigh News & Observer, reporting on the case, quotes University officials as claiming that the suit is "frivolous and without merit."

European Court Says Turkey Violated Rights of Alevi Community

In  İzzettin Doğan and Others v. Turkey, (ECHR, April 26. 2016), the European Court of Human Rights in a Grand Chamber judgment held that Turkey violated Article 9 (freedom of religion) and Article 14 (prohibition on discrimination) of the European Convention on Human Rights when it refused to recognize and grant support to the Alevis (the country's second largest faith group) as a separate religious community. As described in the court's press release on its decision, the lawsuit by 203 Turkish nationals asked that

the Alevi community be provided with religious services in the form of a public service; that Alevi religious leaders be recognised as such and recruited as civil servants; that the cemevis (the places where Alevis practise their religious ceremony, the cem) be granted the status of places of worship; and that State subsidies be made available to their community. Their requests were refused on the grounds that the Alevi faith is regarded by the authorities as a religious movement within Islam, more akin to the “Sufi orders”.

The court found the Art. 9 violation by a vote of 12-5 and the Art. 14 violation by a vote of 15-1. According to AFP, there have been improvements in the Alevis position since the suit was first filed in 2010, with a Turkish court in August ruling that the government should cover all the expenses of Alevi places of worship. Daily Sabah says that last year Prime Minister Ahmet Davutoğlu said that Cemevis will be granted legal status. (See prior related posting.)

Indian Court Says Muslim Women Taking Pre-Med Test May Wear Hijabs

In the Indian state of Kerala yesterday, a High Court judge issued an order allowing Muslim women to wear a hijab while taking the All India Pre-Medical Test (AIPMT-2016). However they must present themselves a half hour early for frisking.  NDTV reports that the order came during a hearing on a challenge to the dress code for the test prescribed by the Central Board of Secondary Education.  The court said that the prescribed dress code amounts to a restriction on religious liberty.

Amicus Briefs In Support of Petitioner In Trinity Lutheran Case Are Now Available

Next term, the U.S. Supreme Court will hear oral arguments in Trinity Lutheran Church of Columbia, Inc. v. Pauley challenging Missouri's exclusion under its "no aid" clause of churches from its secular grant program for playground improvements. (See prior posting.) The deadline for amicus briefs in support of petitioner has now passed, and 25 briefs in support of Trinity Lutheran Church have been filed, along with one amicus brief in support of neither side. Links to all of the amicus briefs are available from the SCOTUSblog case page for the case.  Respondent's brief is not due until June 28, with amicus briefs supporting respondent due a week after that.

Controversial Noah's Ark Theme Park Gets Kentucky Tax Incentives

According to the Louisville Courier-Journal, on Monday Kentucky's Tourism Development Finance Authority approved by a 7-0 vote the controversial sales tax rebate incentives for Ark Encounter, the Noah's Ark theme park being constructed by Answers In Genesis. While the project had received preliminary approval for tax incentives in 2014, former Governor Steve Beshear’s Tourism Arts and Heritage Cabinet rejected the application after it appeared that the theme park intended to discriminate in hiring on the basis of religion and the project became one to promote a literal reading of the Biblical book of Genesis. (See prior posting.) At that point, Ark Encounter sued and won in federal district court. (See prior posting.) Gov. Matt Bevin, elected last November expressed approval of tax incentives, and cleared the way for final action by last week replacing four members of the Finance Authority.

Congressional Committee Holds Hearing On ISIL Genocide

On April 19, the Tom Lantos Human Rights Commission of the U.S. House of Representatives held a hearing on Confronting the Genocide of Religious Minorities: A Way Forward. The hearing focused on ISIL’s genocide against religious minorities and the options available to the United States and other nations. The prepared statements of four of the witnesses appearing at the hearing, transcripts of opening and closing remarks and a video of the full hearing are available on the Commission's website.

State Department Names This Year's "Countries of Particular Concern"

In a little-noticed action, on April 14 the State Department notified Congress of this year's designation of "countries of particular concern"-- those countries which display the most flagrant violations of religious freedom.  In an April 15 press conference (full text), a State Department spokesman said:

Yesterday, the Department of State notified Congress of the decision to re-designate the following countries as Countries of Particular Concern under the International Religious Freedom Act, also known as IRF. These countries are Burma, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Turkmenistan, Uzbekistan, and for the first time Tajikistan as a Country of Particular Concern. In accordance with the IRF Act, presidential actions for Burma, China, Eritrea, Iran, North Korea, and Sudan have been implemented. We have waived application of presidential actions with respect to Saudi Arabia, Tajikistan, Turkmenistan, and Uzbekistan following determinations that the important national interest of the United States required exercising this waiver authority.

These designations help us shine a spotlight on countries and conditions that require the international community’s attention. Today and every day, as you know, we are committed to working with governments, civil society organizations, and individuals to achieve our shared interest in promoting peace and stability through, in part, the promotion and protection of all human rights including religious freedoms.

In a press release welcoming the action, the U.S. Commission on International Religious Freedom said that it would like to see seven additional countries placed on the CPC list: Central African Republic, Egypt, Iraq, Nigeria, Pakistan, Syria, and Vietnam. Christian Post highlighted concerns over the omission of Pakistan.

Colorado Supreme Court Denies Review In Case of Baker Who Refused Wedding Cake For Gay Couple

According to yesterday's Denver Post, the Colorado Supreme Court has denied review in the widely watched case of  Craig v. Masterpiece Cakeshop, Inc. In the case, the state court of appeals affirmed a decision of the Colorado Civil Rights Commission that a bakery's refusal to create a wedding cake for a same-sex couple violates Colorado's public accommodation law, and that the Commission's cease and desist order does not infringe the bakery owner's free exercise or free speech rights. (See prior posting.)

Idaho Governor Vetoes Bill That Would Have Allowed Bible To Be Used For Reference In Public Schools

Earlier this month, Idaho Governor C.L. "Butch" Otter vetoed S1342 (full text) which would have explicitly permitted religious texts, including the Bible,

to be used in Idaho public schools for reference purposes to further the study of literature, comparative religion, English and foreign languages, United States and world history, comparative government, law, philosophy, ethics, world geography, archaeology, music, sociology, and other topics of study where an under standing of religious texts, including the Bible, may be useful or relevant.

An amendment had deleted a reference to geology, astronomy and biology courses. (Spokane Spokesman-Review, April 5).

In his April 5 veto message (full text), Otter said that the bill "is in direct contravention to the Idaho Constitution, and it could result in a loss of funding and costly litigation for Idaho public schools." Art. 9, Sec. 6 of the state constitution specifically prohibits "books, papers, tracts or documents of a political, sectarian or denominational character" from being used in any public school, and calls for a cut off of funding for schools that do not comply.  As reported earlier this month by Idaho Education News, Otter issued his veto a week after the legislature adjourned.

Puerto Rico Tax Authorities Will Begin To Audit Churches

Puerto Rico's Secretary of the Treasury Juan Zaragoza says that beginning next month his agency will begin to audit religious organizations as part of a pilot program begun last year to look at non-profits that are wrongfully avoiding taxes.  According to Ateistas de Puerto Rico (April 22), Zaroga said: "The problem is that there are churches that are family businesses where people are making a profit." [Thanks to Scott Mange and Friendly Atheist for the lead.]

Oklahomans Will Vote On Repeal of Blaine Amendment

The Oklahoma legislature last Thursday gave final passage to SJR 72 (full text) (legislative history), referring to the voters of the state a proposed constitutional amendment to eliminate the state's Blaine Amendment.  The amendment would repeal Art. 2, Sec. 5 of the Oklahoma constitution that prohibits public funds or property from being used for sectarian or religious purposes. Legislative passage came in reaction to a state supreme court ruling last year that, in reliance on Art. 2, Sec. 5, ordered removal of a Ten Commandments monument from the statehouse grounds. As reported by The Oklahoman, an ACLU spokesman said that if the ballot measure passes, the ACLU would likely file a federal challenge to the Ten Commandments monument.

Student Sues After Suspension From M.S. Program Over Refusal To Counsel Gay Couples

A suit was filed last week in federal district court in Missouri by a former student in the Masters in Counseling program at Missouri State University alleging that he was removed from the program because of his religious views on counseling same-sex couples on their relationships.  The complaint (full text) in Cash v. Governors of Missouri State University, (WD MO, filed 4/19/2016), alleges in part:

Plaintiff’s experience at MSU has been devastating, crushing, and tormenting, culminating in his termination from the program -- all because he interned with a Christian organization and expressed his religious beliefs on a hypothetical question about counseling a gay couple on relationship issues.

... Plaintiff was targeted and punished for expressing his Christian worldview ... regarding a hypothetical situation.... Since he did not give the “correct” answer required by his counseling instructors, he was considered unsuitable for counseling and terminated from the program.

Thomas More Society announced the filing of the lawsuit. AP reports on the case.

Recent Articles of Interest

From SSRN:

• Thomas M. McDonnell, The Egyptian Coup, the United States, and a Call to Strengthen the Rule of Law and Diplomacy Rather than Military Counter-Terrorism, (October 26, 2015).
• Andrea Pin, The Arab Road to Dignity: The Goal of the 'Arab Spring', (Kellogg Institute for International Studies Working Paper Series No. 408, 2016).
• Hooman Movassagh, Human Organ Donations Under the 'Iranian Model': A Rewarding Scheme for U.S. Regulatory Reform?, (Indiana Health Law Review Vol. 13:1 (2016)).
• M.C. Mirow, Rerum Novarum: New Things and Recent Paradigms of Property Law, (47 U. Pac. L. Rev. 183-197 (2016)).
• George W. Dent, Meaningless Marriage, (April 20, 2016).
• SpearIt, Sonic Jihad—Muslim Hip Hop in the Age of Mass Incarceration, (11 Florida Intl. L. Rev. 201 (2015)).
• Mark Cammack, The Punishment of Islamic Sex Crimes in a Modern Legal System: The Islamic Qanun of Aceh, Indonesia, (April 17, 2016).

From SmartCILP:

• Amy J. Sepinwall, Conscience and Complicity: Assessing Pleas for Religious Exemptions in Hobby Lobby's Wake, 82 University of Chicago Law Review 1897-1980 (2015).

Recent Prisoner Free Exercise Cases

In Greybuffalo v. Wall, 2016 U.S. Dist. LEXIS 50751 (WD WI, April 15, 2016), a Wisconsin federal district court permitted a Native American inmate to move ahead with his complaint that his requests for devotional services for the Native American Church and for group use of a water drum have been denied.

In Smith v. Courtney, 2016 U.S. Dist. LEXIS 51065 (ND FL, April 14, 2016), a Florida federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 51068, March 22, 2016) and dismissed a Muslim inmate's complaint that inmates in close management are not allowed to attend religious preaching and prayer with other Muslim inmates.

In Evans v. Muniz, 2016 U.S. Dist. LEXIS 51804 (ND CA, April 18, 2016), a California federal district court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint against one of the defendants. At issue was the lack of halal meals.

In Jones v. Johnson, 2016 U.S. Dist. LEXIS 52553 (D CT, April 20, 2016), a Connecticut federal district court permitted an inmate to move ahead with his complaint that inmates in segregation were denied religious services.

In Cejas v. Myers, 2016 U.S. Dist. LEXIS 53088 (ED CA, April 19, 2016), a California federal magistrate judge recommended dismissing a Buddhist inmate's complaint about denial of chapel access for group services.

In Martinez v. Flicker, 2016 U.S. Dist. LEXIS 53149 (ED CA, April 19, 2106), a California federal magistrate judge dismissed with leave to amend an inmate's vague allegations that his religious rights have been infringed.

In Don v. Kelley, 2016 U.S. Dist. LEXIS 54124 (ED AR, April 22, 2016), an Arkansas federal magistrate judge dismissed a complaint by an inmate who practiced his religion as a Nazarite over the questioning and harassment he received about his religious beliefs.

Hasidic Challengers To Zoning Law Suffer a Defeat on Appeal

LostMessiah blog reports:

A [New York] state appeals court has upheld the Village of Woodbury’s Comprehensive Plan and zoning laws, reversing a 2014 ruling that branded the zoning “exclusionary” for failing to accommodate the high-density housing needs of the Hasidic residents of neighboring Kiryas Joel.

In Matter of Village of Kiryas Joel, N.Y. v Village of Woodbury, N.Y., (NY App. Div., April 10, 2016), the appeals court concluded that the trial court should not have annulled the village's zoning action on environmental review and other procedural grounds. It sent the case back to the trial court, holding that "triable issues of fact exist as to whether the Comprehensive Plan and the Zoning Amendments amount to unconstitutional exclusionary zoning." (See prior related posting).

New York Court Refuses To Dismiss Suit To Declare Muslim Marriage Valid

In Jackson K v. Parisa G, 2016 N.Y. Misc. LEXIS 1487 (NY Sup Ct New York County, April 8, 2016), a New York state trial court refused to dismiss a suit by plaintiff who believed he had validly married defendant in an elaborate Iranian Islamic ceremony in New York, attended by 200 guests, even though the couple did not obtain a New York marriage license.  Alternatively plaintiff sought damages for fraud and conversion of a $25,000 engagement ring. A 20-minute ceremony was performed by Ms. Sholeh Sham, who now says she is not a member of the clergy and had no authority to marry the couple. Plaintiff however claims the marriage was valid under NY Domestic Relations Law Sec. 12 that validates marriages solemnized "in the manner heretofore used and practiced" by a particular religious denomination. The court said in part:

The court need not decide at this point whether it is possible for the court to determine the validity of the purported marriage on neutral principles. The ultimate issue is whether the ceremony meets the requirements set forth in DRL §12. Plaintiff argues that, in Defendant's denomination, no particular religious leader must solemnize a wedding ceremony. Under New York law, an officiant at a religious wedding ceremony need not be limited to a traditional concept of a member of the clergy or a minister ordained by a religious order..... Whether Ms. Shams was qualified to solemnize the marriage is an issue of fact....

The court also allowed plaintiff to move ahead with his claim of fraud, saying:

Here, the complaint includes detailed allegations to the effect that the Defendant accepted Plaintiff's marriage proposal and engagement ring on July 29, 2009...; that the Defendant told him that her family wanted to select the wedding  officiant to be certain that the marriage would be recognized in the Islamic Republic of Iran and valid under Iranian law.... 

... Plaintiff alleges that Defendant convinced him that Ms. Shams was authorized to marry them at the time she officiated at the September 4, 2010 Ceremony, and that they were actually married on September 4, 2010. Only after years of purported marriage did Defendant tell Plaintiff they were not married.

Former Kosher Supervisor At Manischewitz Sues Over Pressure To Compromise Standards

A lawsuit was filed Wednesday in state court in New York by Rabbi Yaakov Horowitz who was a kosher supervisor for the Union of Orthodox Jewish Congregations ("OU") and who certified products of Manischewitz Co.-- a major producer of Passover foods-- for more than 20 years.  As reported by NJ Advance Media and AP, the suit, filed just days before Passover, claims that Horowitz was forced to take a long leave of absence after complaining that he was being pressured by the OU to be more lax in his inspections of certain products.  Horowitz claims that OU cooperated because it was afraid that Manischewitz would move to a different kosher certifying agency.  Manischewitz denies the charges. The lawsuit seeks millions of dollars in damages for emotional distress and damage to reputation.

White House Passover Seder Will Be Late

Passover begins this evening.  President Obama has made it a practice to host a Passover Seder in the White House every year, building on a Seder he attended in Pennsylvania during the 2008 primary season when he was first running for President.  That Seder, in a hotel, was organized by Jewish members of his campaign staff. The Forward reports that this year the President's Seder will be late since he is in Saudi Arabia through this weekend attending a regional cooperation summit.  So the White House Seder will be held next week, still during Passover but not on one of the first two nights when Seders are usually held.

UPDATE: Here is the President's Passover message to the Jewish community, noting that this year will be their last Seder in the White House.

Louisiana Governor Rescinds Earlier Executive Order Protecting Discrimination Against Gay Couples

Last week, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 (April 13, 2016) (full text) barring state agencies and offices from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation, disability or age.  The executive order also requires that all state contracts include a similar provision barring the contractor from discriminating. However, this does not apply to contracts with religious organizations or religious educational institutions.  The order rescinds an executive order issued last year by then-governor Bobby Jindal prohibiting the denial of benefits or government contracts to anyone who acts in accordance with a religious belief that marriage should be only between one man and one woman. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

6th Circuit Dismisses County Clerk's Suit As Moot

In Miller v. Davis, (6th Cir., April 19, 2016), the U.S. 6th Circuit Court of Appeals dismissed as moot the appeal by Rowan County, Kentucky, Clerk Kim Davis seeking a preliminary injunction against a requirement that she issue marriage licenses to same-sex couples in violation of her religious beliefs.  The court said:

On December 22, 2015, the newly-elected Governor of Kentucky issued an executive order revising Kentucky's marriage license form to eliminate the need for the name and signature of the county clerk. Davis's counsel issued a press release stating that the revised form will permit Davis and the other county clerks "to do their jobs without compromising religious values and beliefs."

The Louisville Courier-Journal reports on the decision.