Religion Clause

Saturday, January 28, 2017

Trump's Immigration Executive Order Faces 1st Amendment Challenges

As reported by the Washington Post, yesterday President Trump signed an Executive Order (full text) suspending for 90 days immigrant and non-immigrant entry into the U.S. of aliens from seven Muslim-majority countries-- Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia. (It should be noted that the countries to which the Executive Order is applicable is discoverable only by elaborate cross references in Sec. 3(c) of the Order that ultimately lead to this list developed last year by the Department of Homeland Security under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of travelers not eligible to participate in the visa waiver program). The Executive Order does not apply to those entering under various diplomatic visas.

The Executive Order also suspends admission of all refugees for 120 days, and of Syrian refugees for an indefinite period. It provides that when refugee admissions are resumed:

the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality.

Following up on this provision, Trump told the Christian Broadcasting Network that priority will be given to persecuted Christians in the Middle East, particularly Syria. The Legal Director of the ACLU in a post earlier today argued that the Executive Order's targeting of Muslims and favoring of Christians violates the Establishment Clause. Meanwhile CAIR announced that it will be holding a news conference Monday on a lawsuit that it will file in federal district court in Virginia to "challenge the constitutionality of the order because its apparent purpose and underlying motive is to ban people of the Islamic faith from Muslim-majority countries from entering the United States."

Friday, January 27, 2017

Pence Speaks To March For Life

As reported by the New York Times, today Vice President Mike Pence spoke in person to the thousands of marchers in this year's anti-abortion March For Life. (Full text of remarks.) He said in part:

More than two-hundred and forty years ago, our Founders wrote words that have echoed through the ages. They declared “these truths to be self-evident.” That we are, all of us, “endowed by our Creator with certain unalienable rights,” and “that among these are life, liberty, and the pursuit of Happiness.” Forty-four years ago, our Supreme Court turned away from the first of these timeless ideals....

But as it is written, “let your gentleness be evident to all.” Let this movement be known for love, not anger – for compassion, not confrontation. When it comes to matters of the heart, there’s nothing stronger than gentleness.

Even Trump's Statement on International Holocaust Memorial Day Is Not Without Controversy

Today is International Holocaust Memorial Day. The day-- the anniversary of the liberation of Auschwitz-Birkenau-- was chosen by the United Nations General Assembly as the date for the international commemoration. CBS News reports on commemoration activities in various countries. President Donald Trump issued a Statement (full text) marking the commemoration, saying in part:

It is with a heavy heart and somber mind that we remember and honor the victims, survivors, heroes of the Holocaust. It is impossible to fully fathom the depravity and horror inflicted on innocent people by Nazi terror.

Jonathan Greenblatt, head of the Anti-Defamation League commented on the President's Statement in a Tweet, saying:

Puzzling and troubling White House Holocaust Memorial Day Statement has no mention of Jews. GOP and Democratic presidents have done so in the past.

Other media, such as the Washington Post and Haaretz make the same point about Trump's statement.

Presidential Proclamation For National School Choice Week

Yesterday President Donald Trump issued a Proclamation (full text) declaring January 22 through January 28 as National School Choice Week. The Proclamation reads in part:

Our country is home to many great schools and many extraordinary teachers -- whether they serve in traditional public schools, public charter schools, magnet schools, private or religious schools, or in homeschooling environments....

As our country celebrates National School Choice Week, I encourage parents to evaluate the educational opportunities available for their children. I also encourage State lawmakers and Federal lawmakers to expand school choice for millions of additional students.

March For Life Is Today; VP Pence Will Address Marchers

In Washington, D.C., the annual March for Life, protesting the U.S. Supreme Court's Roe v. Wade decision is being held today. Roe was decided in January of 1973. As reported by ABC News, this year Vice President Mike Pence and counselor to the president Kellyanne Conway will both address the marchers in person. They are the highest-ranking White House officials to ever address the march in person. Other speakers include Cardinal Timothy Dolan, Sen. Joni Ernst (R-Iowa), Rep. Mia Love (R-Utah), and Rep. Chris Smith (R-New Jersey).

3rd Circuit Hears Appeal In Convictions For Coercing Jewish Divorce Documents

The U.S. 3rd Circuit Court of Appeals on Wednesday heard oral arguments in United States v. Stimler. (Audio of full oral arguments.) In the case, a New Jersey federal district court convicted three defendants on charges growing out of arrangements to abduct, beat and torture recalcitrant Jewish husbands who refused to give their civilly divorced wives a religious divorce document (get). (See prior posting.) According to AP's report on Wednesday's oral arguments, defendants' attorneys argued, among other things, that the trial judge erred in not admitting evidence into trial that explained the defendants' religious beliefs. (See prior related posting.) Attorneys also argued lack of search warrants to obtain cellphone records.

Thursday, January 26, 2017

EEOC Gets New Acting Chair; Releases 2016 Data On Charges

The EEOC announced yesterday that President Donald Trump has named Commissioner Victoria A. Lipnic as Acting Chair of EEOC. She replaces Jenny R. Yang who continues to serve as a Commissioner.

Meanwhile, last week the EEOC released detailed breakdowns of the 91,503 charges of workplace discrimination it received in fiscal year 2016. Religious discrimination was charged in 4.2% of the complaints. This year for the first time the EEOC included separate data for LGBT-based sex discrimination charges.

Pro-Life Student Group Sues Over Denial of Recognition

Yesterday a pro-life student group filed a federal lawsuit against officials of Queens College in New York after the organization was denied registered student organization status. The complaint (full text) in Queens College Students For Life v. Members of the City University of New York Board of Trustees, (ED NY, filed 1/25/2017), contends that the unbridled discretion given to the Campus Affairs Committee to deny registered student organization status (and its associated benefits, including funding from student activity fees) allows discrimination against organizations on the basis of viewpoint. ADF issued a press release announcing the filing of the lawsuit.

Suit Attacks Sex Offender Registry Law As Restricting Religious Freedom

A federal civil rights lawsuit was filed this week challenging the extensive restrictions imposed by North Carolina's Sex Offender Registration Law. The complaint (full text) in National Association for Rational Sexual Offense Laws v. Stein, (MD NC, filed 1/23/2017) asserts that those on the registry are banned from living in many areas, working in many jobs and being present in places such as libraries, colleges and houses of worship. The 88-page complaint contends that the restrictions infringe various 1st and 14th Amendment rights of registrants, including their free exercise of religion. Because almost all churches have youth activities, restrictions on registrants being near areas primarily intended for use by minors or where minors frequently congregate mean mean that registrants are unable to attend church services. NARSOL issued a press release announcing the filing of the lawsuit.

Wednesday, January 25, 2017

Trump Revives Dakota Pipeline, With Some Ambiguity As To Tribal Objections

As reported by the Washington Post, President Trump yesterday issued a Presidential Memorandum (full text) directing the Secretary of the Army to expedite approval of construction of the controversial Dakota Access Pipeline (DAPL). One reason DAPL has been controversial is that it was routed to run a half mile from the Standing Rock Sioux reservation, impinged on sacred tribal burial and historical sites and also created oil spill concerns by the tribe. To deal with these concerns, in December the U.S. Army announced that it would not approve an easement for DAPL under Lake Oahe in North Dakota, urging developers to find an alternative route. (See prior posting.)

Yesterday's Presidential Memorandum leaves some ambiguity regarding protection of tribal rights. The Memorandum broadly calls for the Army to "review and approve in an expedited manner, to the extent permitted by law and as warranted, and with such conditions as are necessary or appropriate, requests for approvals to construct and operate the DAPL, including easements or rights-of-way to cross Federal areas." However it then appears to qualify this as to the Lake Oahe easement, instructing the Army to:

consider, to the extent permitted by law and as warranted, whether to rescind or modify the memorandum by the Assistant Secretary of the Army for Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota)....

The Guardian reports that supporters of the Standing Rock Sioux say they will fight the President's action. Tribal chairman Dave Archambault said: "President Trump is legally required to honor our treaty rights and provide a fair and reasonable pipeline process."

Survivors' Group Sued By Former Employee Charging Kickbacks From Victims' Attorneys

A lawsuit was filed last week in an Illinois state court by a former employee of SNAP (Survivors Network of those Abused by Priests) alleging that SNAP, instead of helping sex abuse survivors, exploits them. The complaint (full text) in Hammond v. Survivors Network of Those Abused By Priests, (Cook Cty IL Cir. Ct., filed 1/17/2017) alleges that:

SNAP routinely accepts financial kickbacks from attorneys in the form of "donations." In exchange for kickbacks, SNAP refers survivors as potential clients to attorneys, who then file lawsuits on behalf of the survivors against the Catholic Church.

The complaint adds the allegation that "SNAP is motivated largely by the personal animus of its directors and officers against the Catholic Church." Plaintiff claims retaliatory action was taken against her after she confronted her superiors with the claim that SNAP was colluding with survivors' attorneys. Kansas City Star reports in more detail on the lawsuit. SNAP says that the allegations in the lawsuit are not true.

Meanwhile, RNS reports that long-time Executive Director of SNAP, David Clohessy, announced yesterday that he had left his position with the organization in December. He says his departure is unrelated to the lawsuit filed last week.

Tuesday, January 24, 2017

School Bus Driver Wants Religious Exemption From Fingerprints In Background Check

A former bus driver for the company that transports Altoona, Pennsylvania school students has filed a religious discrimination suit in federal district court in Pennsylvania. According to yesterday's Altoona Mirror, a recently enacted state law required bus driver Bonnie F. Kaite to undergo a criminal background check. She sought a religious accommodation because of her Christian religious beliefs, seeking a background check that does not require her to be fingerprinted. She says that she cannot be fingerprinted because of the verse in the Book of Revelation prohibiting the "mark of the devil."

Malaysian Politician Wants Ruling On Sharia Court Conviction

In Malaysia, Parliament member Khalid Abdul Samad last month was fined RM2,900 (the equivalent of $650 (US)) by the lower shariah court for giving a religious talk without having religious credentials in violation of Section 119 (1) of the Selangor Islamic Law Administration Enactment. Khalid insists he was giving a talk about his trip to Palestine, and was not giving a religious talk. As reported yesterday by FMT News, Khalid now wants the Election Commission to rule on whether this conviction disqualifies him from serving in Parliament. Malaysia's constitution provides that an MP is disqualified if convicted of an offense by a "court of law" and is sentenced to a jail term of one year or more, or is fined not less than RM2,000. Khalid's supporters argue that his violation was not a penal offense, and the Selangor shariah lower court is not a "court of law."

Court Says Environmentalism Is Not A Religion

In Krause v. Tulsa City-County Library Commission, (ND OK, Jan. 23, 2017), a Oklahoma federal district court dismissed plaintiff's complaint that "fake" recycling bins in the downtown Tulsa library unconstitutionally burden his practice of his religion which he says is Environmentalism. According to the court:

Plaintiff’s ... Complaint contains no factual support for Plaintiff’s conclusory assertion that Environmentalism is a religious, and not a secular practice or lifestyle....

Even if this Court were to accept that Environmentalism constitutes a religion or a religious practice, Plaintiff’s allegations do not support a plausible conclusion that the Defendant’s recycling program imposes a substantial burden on the exercise of a religious practice.

Former Employees Sue Claiming They Were Required To Participate In Scientology Traininig

According to yesterday's Madison County Herald Bulletin, Paul and Chelsea Wysong who are former employees of the Anderson, Ohio-based Continental Design Co. filed a religious discrimination lawsuit in state court in Darke County, Ohio last week. Plaintiffs charged that company CEO Judy Nagengast required them to participate in Scientology religious practices, such as audits and training. They were told to attend Scientology courses in California, Indiana and Florida. Nagengast denies the allegations and said she plans a counter-suit.

Trump Reinstitutes Ban On Foreign Aid To NGOs That Promote Abortion Services

As reported by the New York Times, in a Presidential Memorandum (full text) issued yesterday President Trump reinstated the so-called "Mexico-City Policy." The policy bars U.S. foreign aid dollars from going to nongovernmental organizations that offer abortion counseling or advocate the right to seek abortions in their home countries. Other U.S. law already bans the use of taxpayer dollars to fund actual abortion services, but this policy prohibits funds going to organizations even if they use other funds to promote abortion. The policy, originally instituted in 1984 by President Ronald Reagan has been suspended by Democratic presidents and reinstituted by Republican presidents ever since.

Monday, January 23, 2017

Supreme Court Denies Review In Challenge To Utah's Polygamy Laws

The U.S. Supreme Court today denied review in Brown v. Buhman, (Docket No. 16-333, cert. denied 1/23/2017). (Order List). In the case, the U.S. 10th Circuit Court of Appeals dismissed on mootness grounds the constitutional challenge to Utah's anti-polygamy laws that had been filed by the polygamous family from the television show "Sister Wives." (See prior posting.) Salt Lake Tribune reports on the denial of certiorari.

2nd Circuit Hears Arguments In Title VII Sexual Orientation Case

As reported by New York Law Journal, on Friday the U.S. 2nd Circuit Court of Appeals heard oral arguments in Christiansen v. Omnicom Group (audio of full oral arguments). At issue was whether Title VII of the 1964 Civil Rights Act bars discrimination on the basis of sexual orientation. The district court in Christiansen v. Omnicom Group, Inc., (SD NY, March 9, 2016), relying on earlier 2nd Circuit precedent, held that Title VII does not bar discrimination on the basis of of sexual orientation.

Jordan's King Appoints New Chief Islamic Justice and New Mufti

According to Jordan Times, King Abdullah of Jordan issued a royal decree yesterday endorsing a Cabinet decision appointing Sheikh Abdul Karim Khasawneh as the chief Islamic justice. The chief Islamic justice oversees the Sharia courts that deal mainly with personal status law. Before his appointment, Khasawneh served as grand mufti, heading the Iftaa Department that has authority to issue religious edicts. In a second royal decree yesterday, Mohammad Khalaileh was appointed grand mufti to replace Khasawneh.

UPDATE: The appointment of a new Islamic chief justice was triggered by the resignation of the prior chief justice, Ahmad Hilayel, after he delivered a Friday sermon that embarrassed the Jordanian government. According to Al Jazeera (Jan. 23), Hilayel criticized leaders of the Gulf States for not sharing their wealth with Jordan.