Religion Clause

Wednesday, May 16, 2018

British Court Sentences Former Army Officer Over Anti-Semitic Speech

From England, The Independent reported yesterday that right-wing activist Jeremy Bedford-Turner was sentenced by the Southwark Crown Court to one year in jail after a jury convicted him of stirring up racial hatred in violation of the Public Order Act1986. The charges stem from a 15-minute long virulently anti-Semitic speech that Bedford-Turner gave in July 2015 in central London. The speech, opposing the Shomrim Jewish civilian patrol group, called for Britains to "free England from Jewish control." Bedford-Turner, who previously served 12 years in the British army, was given a standing ovation by 35 of his supporters in the court room after he was sentenced. Britain's Campaign Against Anti-Semitism (CAA) has criticized the Crown Prosecution Service for its initial decision not to prosecute Bedford-Turner, a decision reversed only after CAA challenged the decision in court.

Native Americans Sue To Keep Use of Prayer Ground

On Monday, a suit was filed in New Jersey federal district court on behalf of the Native American Ramapough Lenape Nation claiming that local officials along with a neighboring housing association are attempting to prevent the Ramapoughs from using their own prayer ground for religious activities. (See prior related posting.) The complaint (full text) in Ramapough Mountain Indians, Inc. v. Township of Mahwah, (D NJ, filed 5/14/2018), alleges in part:

Defendant Township of Mahwah is imposing cumulative crippling fines against plaintiff Ramapough of $12,500 per day, totalling $480,000 as of May 14, 2018, to end religious use of property, to eliminate sacred sites, and prevent assembly.

... By letter dated September 5, 2017 Mahwah sent a letter purporting to revoke a 2012 zoning permit that it failed to disclose to Ramapough or State Courts recognizing religious use and logs with masks carved in them ... unilaterally and secretly without notice nor opportunity to be heard.

... Defendant Polo Club, in furtherance of this campaign to pressure the Ramapough Nation into ceasing its religious practices, to assemble and in fact to yield up the land, has made numerous unfounded complaints to the police department and used the New Jersey municipal "private warrant" process to bring criminal charges against Ramapough members.

Plaintiffs claim that these actions violate their 1st and 14th Amendment rights, RLUIPA and international treaties. Courthouse News Service reports on the lawsuit.

State Department Says Controversial Pastor Was Invited By Ambassador

As previously reported, one of the pastors who delivered an invocation at yesterday's opening of the U.S. Embassy in Jerusalem was Robert Jeffress, who had made controversial statements in the past about Catholics, Jews, Mormons and various other religious groups. At a news conference yesterday (full text), State Department spokesperson Heather Nauert was asked about the decision to invite Jeffress. Here is part of her exchange with a reporter:

QUESTION: Do you have any further explanation for why it was that Pastor Jeffress was chosen to participate in the ceremony given his past controversial comments?

MS NAUERT: I can just tell you that Ambassador Friedman, I know, was looking at a variety of people to be a part of the service or the ceremony, and that’s who was invited. I don’t have anything more for you on that.

QUESTION: Was the State Department aware of some of his past comments regarding specifically Mormonism, Islam, Muslim, and --

MS NAUERT: We certainly would not agree with --

QUESTION: -- Jewish --

MS NAUERT: -- his assertions. We would certainly not agree with the pastor’s remarks, some of his controversial remarks that he has made about various religious groups, but he was chosen by Ambassador Friedman, who was certainly welcome to do so, and made that decision.

QUESTION: Well, wait, so that means that if not – even though you don’t agree with those comments, you might say that they’re wrong or what – I don’t know what term you would use --

MS NAUERT: I think I was just pretty clear. I said we do not agree with his opinion.

QUESTION: But – so that’s not disqualifying to be – I mean, does this – is this the embassy of the United States of America or is it basically Ambassador Friedman’s embassy?

MS NAUERT: As we have seen before – I seem to recall not too long ago that there was another embassy that made some decisions – embassies certainly have their free will sometimes to make decisions about who they want to bring in as guest lecturers or people to lead a ceremony or some sort of a celebration. To my knowledge, we did not have any role in making that decision, but --

QUESTION: Okay.

MS NAUERT: Not that we asked to. I just – I’m not aware if we had any decision-making --

QUESTION: Okay. So I just want to make sure I understand. So this is the equivalent – you’re saying it’s kind of like the equivalent of the Berlin situation?

MS NAUERT: I’m not saying that. I’m just saying that embassies and people around the world bring in lots and lots of people who have various opinions. Okay?

Therapist Sues After Dismissal For Refusing To Counsel Gay Couple

A religious discrimination lawsuit was filed last week in Michigan federal district court by a licensed clinical social worker against her former employer, HealthSource Saginaw. The complaint (full text) in Lorentzen v. Healthsource Saginaw, Inc., (ED MI, filed 5/11/2018) alleges that Kathleen Lorentzen was informed that she would be terminated, and was subjected to demeaning, threatening and abusive actions, after she insisted on referring a same-sex couple to a different therapist for marriage counseling. Lorentzen says that continuing to counsel the couple would violate her Catholic religious beliefs. The complaint alleges violations of Title VII and of various state law provisions. Thomas More Law Center issued a press release announcing the filing of the lawsuit.

Tuesday, May 15, 2018

Ramadan Begins

According to Al Jazeera, Ramadan begins tonight in the United States and Europe where Muslim communities rely on astronomical calculations. In Muslim countries, the start of Ramadan is determined by actual moon sightings rather than by previous calculations. Thus Ramadan will begin tomorrow evening in some Middle Eastern and Asian nations. (The National). EarthSky explains the impact of geographical location on moon sighting.

USCIRF Denounces China's Crackdown on Uighurs; State Department Focuses On Yemen's Persecution of Bahais

The U.S. Commission on International Religious Freedom issued a press release yesterday denouncing China's increasing crackdown on Uighur Muslims. It said in part:

In addition to longstanding restrictions on Uighur Muslims’ religious practice during Ramadan—such as preventing Uighurs from fasting and praying—the Chinese government has instituted a multifaceted security grid throughout Xinjiang comprised of both personnel and advanced technology, including armed checkpoints, facial and iris recognition software, and cell phone monitoring. Moreover, the Chinese government seeks to stymie the growth of the next generation of Uighur Muslims by banning Uighur language instruction in schools, prohibiting children from attending mosque, and proscribing Islamic baby names considered “extreme.”

Meanwhile yesterday the State Department issued a press release denouncing harassment of Baha'is by the Houthi leaders in Yemen.

British Musician On Trial For Holocaust Revsionist YouTube Postings

Press Association reported yesterday on the trial in Britain of musician Alison Chabloz who is charged with sending grossly offensive Holocaust Revisionist material on a public communications network. Chabloz, who is being tried in the Westminster Magistrates’ Court, is charged with 5 counts growing out of her posting on YouTube of videos of three songs she wrote. Chaboz's attorney is raising a free speech defense. The judge's verdict will be handed down on May 25. Meanwhile Chaboz is out on bail.

Consent Decree Settles Louisiana Religion In Schools Lawsuit

Last week, a Louisiana federal district court approved a consent decree (full text) in Cole v. Webster Parish School Board, (WD LA, May 11, 2018). The suit charged that the school district extensively promoted Christianity in its schools. (See prior posting.) The consent decree bars prayers at school events, bars religious baccalaureate services, prohibits holding school events at religious venues and bars school officials from promoting their personal religious beliefs to students in class or at school events. ACLU issued a press release announcing the consent decree.

Monday, May 14, 2018

Civil Rights Commission Holds Hate Crimes Briefing

The U.S. Commission on Civil Rights last Friday held a public briefing titled "In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes." The briefing's scope was described (Meeting Notice) (List of Panelists) in part as follows:

The Commission will examine best practices for local law enforcement on collecting and reporting data, and the role of the Education and Justice Departments in prosecution and prevention of these heinous acts. Commissioners will hear from local law enforcement and federal government officials, experts, academics, advocates, and survivors of hate.

Video of the day-long briefing is available online: (Morning Session; Afternoon Session; Public Comment). [Thanks to Michael Lieberman for the lead.]

Controversial Baptist Pastor To Open Ceremony Dedicating U.S. Embassy In Jerusalem

The Trump Administration has chosen controversial Baptist pastor Robert Jeffress to deliver the opening prayer in today's ceremony marking the move of the U.S. Embassy in Israel from Tel Aviv to Jerusalem. (WFAA News). As reported by Mother Jones, Jeffress, who is a supporter and informal faith adviser to President Trump, has made incendiary statements about non-Christian religions:

Jeffress, who runs the First Baptist Dallas megachurch in Texas, has referred to both Islam and Mormonism as “a heresy from the pit of hell.” He believes Islam, Mormonism, Hinduism, and Buddhism are all cults, and that Catholicism represents the “genius of Satan.” Jews, he believes, are going to hell. “You can’t be saved by being a Jew,” he’s said. Islam, he said, “is a religion that promotes pedophelia, sex with children.”

UPDATE: Here is a video of the full ceremony in Jerusalem. Pastor Jeffress' invocation is at 17:25 on the video, followed by an invocation by Chabad Rabbi Zalman Wolowik. The benediction at 1:12:03 on the video was offered by controversial Pastor John Hagee, evangelical founder of Christians United for Israel.

Sunday, May 13, 2018

Story Recounts Personal Side of Court-Ordered Medical Treatment of Child

The Cleveland Plain Dealer today has a lengthy account of the personal emotions involved in a court clash between parents and doctors over the treatment of a 14-year old girl with a brain tumor. The story details the difficult decisions involved where parents, who are Moorish-Americans, want, consistent with their religious beliefs, to use herbal treatment instead of chemotherapy on the inoperable tumor.

Recent Prisoner Free Exercise Cases

In Hammock v. Pierce, 2018 U.S. Dist. LEXIS 76797 (SD NY, May 7, 2018), a New York federal district court allowed a Nation of Islam inmate to move ahead with his complaint that his cassette tapes containing NOI teachings were confiscated when his cell was searched.

In Gwyn v. Booker, 2018 U.S. Dist. LEXIS 77119 (WD VA, May 7, 2018), a Virginia federal district court dismissed an inmate's complaint that authorities refused to approve meetings for inmates of the Apostolic faith, separate from multi-denominational Protestant services.

In Wells v. McKoy, 2018 U.S. Dist. LEXIS 77516 (ND NY, May 7, 2018), a New York federal magistrate judge recommended dismissing complaints by plaintiffs that the Nation of Islam community was not allowed to select the inmates who would prepare the meals served during Ramadan, and that they were served food during Ramadan that did not meet NOI dietary restrictions.

In Harris v. Food Supervisor Carlock, 2018 U.S. Dist. LEXIS 77983 (CD IL, May 9, 2018), an Illinois federal district court allowed an inmate to move ahead with his claim that he was denied his religious vegan diet for an eight day period.

In Hammer v. Smith, 2018 U.S. Dist. LEXIS 80169 (WD VA, May 10, 2018), a Virginia federal district court dismissed, without prejudice, a civil detainee's claim that state hospital policy violated his free exercise rights by denying him "the right to enter into holy matrimony".

Friday, May 11, 2018

Education Department Considering Expanding Faith-Based Insitutions' Eligibility For Grants

As part of its Spring 2018 regulatory agenda released on Wednesday, the U.S. Department of Education signaled that it is considering rule amendments to expand the eligibility of faith-based institutions for federal grants. In a release titled Eligibility of Faith-Based Entities and Activities, DOE said:

Various provisions of the Department’s regulations regarding the eligibility of faith-based entities to obtain grants from the Department or to participate in State-administered programs and the activities that they may perform unnecessarily restrict participation by religious entities in the Department’s grant programs by including requirements specific to such entities. The Department plans to review and to amend or rescind such regulations in order to be consistent with current law and to reduce or eliminate unnecessary burdens and restrictions on religious entities and activities.

According to the New York Times, the proposals are an attempt to align DOE rules regarding religious colleges and universities with the Supreme Court's 2017 Trinity Lutheran decision. [Thanks to Scott Mange for the lead.]

Indonesia Sentences Christian Man To 4 Years For Facebook Post Urging Conversion

According to World Watch Monitor and the Jakarta Post, in Indonesia on Monday a Christian cleric was sentenced to 4 years in prison and a fine equivalent to $3,565(US) for religious discussion on a video he posted online. Abraham Ben Moses, a convert from Islam, was convicted of violating the Electronic and Information Transactions Law No. 11/2008 by intentionally spreading information intended to incite hatred against an individual or group based on religion. According to the Post:

Abraham was known for recording his conversations with an online taxi driver identified only as Supri.

In a video he uploaded to his Facebook account, Abraham quoted a Quran verse about marriage and tried to convince the driver to convert to Christianity.

Muslim Woman Sues Over Forcible Removal of Hijab At California Jail

CAIR-LA announced yesterday that it has filed a federal lawsuit on behalf of a Muslim woman who had her hijab forcibly removed by Ventura County, California deputy sheriffs. The incident occurred at the county jail after Jennifer Hyatt was arrested because of her involvement in a domestic dispute. Even after she had been searched, deputies refused her request to wear her hijab when men were present, and instead violently pulled off the second part of her two-piece hijab.

Texas' Highest Criminal Court Upholds Law Punishing Sexual Assault By Polygamists More Harshly

In Estes v. State of Texas, (TX Ct. Crim. App., May 9, 2018), the Texas Court of Criminal Appeals, reversing the Court of Appeals, upheld the constitutionality of a Texas statute that provides higher penalties for polygamists who sexually assault their purported spouses than for other sexual assaults. Defendant argued that the statute had the effect of treating married people more harshly than others. The majority held that where, as here, the assault victim was a minor, it is enough that the state had a rational basis for the distinction it drew, saying in part:

[T]he Legislature could rationally conclude that to be a married man or woman is to project the kind of “stability” and “safe haven” that many children find comfort in.... And it could rationally see fit to declare that one who would enjoy this marital perception of trustworthiness will be punished all the more severely if he uses it to groom, and then sexually abuse, a child.

Judge Newell, joined by Judges Hervey and Richardson, filed a separate opinion concurring in part and dissenting in part, saying:

[W]hile I ultimately agree with the Court that the legislative classification is rationally related to a legitimate state interest, I disagree with the Court’s chosen path to that result....

The State’s interest in protecting children does not explain why a legislative distinction between married and unmarried defendants is rational. It only serves to make the State’s argument supporting that distinction look more substantial....

Ultimately, the resolution of this case turns upon the level of scrutiny we must apply in our evaluation of the statute at issue. Does strict scrutiny apply because the distinction between married and unmarried offenders significantly interferes with the fundamental right to marry? Rather than remand the case to the court of appeals to decide the issue, I would address the issue head-on. The answer is no.

Judge Alcala dissented without filing a separate opinion.

Thursday, May 10, 2018

Gayle Manchin Appointed To USCIRF

Last week, the U.S.Commission on International Religious Freedom issued a press release announcing the recent appointment of Gayle Conelly Manchin as a member of the Commission. She was appointed on April 19 by Senate Democratic Leader Charles E. Schumer. Manchin, who is the wife of West Virginia Senator Joe Manchin, has previously served as a member of the West Virginia State Board of Education and director of AmeriCorps Promise Fellows in West Virginia. She was West Virginia's First Lady from 2005- 2010.

Islamic School Consultant Files Religious Freedom Lawsuit Over Impediments To Its Purchase of Property

WFJM News reported yesterday on a federal court lawsuit filed last month by a consulting firm for Islamic schools over impediments placed in its way as it attempted to purchase a now-vacant 150 acre site in Shenango Township, Pennsylvania from the state. The property, containing 13 building, was formerly used to provide rehabilitative services and housing for juvenile offenders. Plaintiff intended to use the site in part for a youth intervention center and partly for an Islamic boarding school. The complaint (full text) in HIRA Educational Services of North America v. Augustine, (WD PA, filed 4/13/2018), alleges that local residents were unhappy that the property was being sold to an Islamic institution. At a community meeting, a representative of an advocacy organization opposing the sale falsely claimed that the property would be used as a center for thousands of refugees. State and local officials took a variety of elaborate steps to block the sale, making it impossible for the purchaser to obtain financing for the property. The lawsuit contends that actions by officials to prevent the purchase imposed a substantial burden on religous exercise in violation of RLUIPA, the Pennsylvania Religious Freedom Protection Act and federal civil rights laws.

Ecclesiastical Abstention Doctrine Requires Dismissal of Priest's Defamation Suit

In Diocese of Palm Beach, Inc. v. Gallagher, (FL App., May 9, 2018), a Florida state appellate court held that the ecclesiastical abstention doctrine requires dismissal of a defamation suit brought by a Catholic priest against the diocese in which he served. Father John Gallagher was not offered the position of pastor at Holy Name Church, and was reassigned. He rejected the transfer and instead took a leave, contending that the reassignment was punishment for his attempt to expose inadequacies in the way in which the diocese handled sexual abuse claims. In response to his going public with these charges, diocese officials made comments that led to Gallagher's lawsuit. As related in the court's opinion:

Father Gallagher claimed the diocese defamed him in newspaper articles, letters to parishioners which were read at masses, press statements posted on the diocese webpage, electronic mail among diocese personnel, and postings on diocese personnel’s social media. These statements, Father Gallagher alleged, defamed him by calling him a liar, unfit to be a priest, and in need of professional help.

Rejecting the trial court's conclusion to the contrary, the Court of Appeals held:

[T]o, to resolve Father Gallagher’s actual damages claim, the courts would have to determine whether the diocese’s reasons for not making him a pastor, and reassigning him to another church, were valid religious reasons concerning Father Gallagher’s fitness for the job, or retaliation for Father Gallagher’s whistleblowing.... [W]e would be required to weigh the effect of Father Gallagher’s problems with his Hispanic congregants on the advisory committee’s decision to pass over Father Gallagher for the position of pastor, and whether this was a valid religious reason for the diocese’s decision.....

We are not permitted to look behind the diocese’s ministerial employment decision because doing so would necessarily entangle us in questions about the religious reasons why Father Gallagher was not promoted under canonical law.

Daily Business Review reports on the decision.