Australia's Prime Minister Issues Apology To Victims of Institutional Child Sex Abuse [UPDATED]

As reported by The Telegraph, Australia's Prime Minister Scott Morrison today delivered a speech in Parliament (full text of remarks) apologizing for the government's lack of response to child sex abuse in the Catholic Church and other religious and secular institutions.  The emotional apology on behalf of the nation to victims and their families came after a five-year investigation by a government commission. (See prior posting). The Prime Minister said in part:

Today, we confront a question too horrible to ask, let alone answer. Why weren’t the children of our nation loved, nurtured and protected? Why was their trust betrayed? Why did those who know cover it up? Why were the cries of children and parents ignored? Why was our system of justice blind to injustice? Why has it taken so long to act? Why were other things more important than this, the care of innocent children? Why didn’t we believe? Today we dare to ask these questions, and finally acknowledge and confront the lost screams of our children. While we can’t be so vain to pretend to answers, we must be so humble to fall before those who were forsaken and beg to them our apology.

The Prime Minister also announced that a National Redress Scheme has begun:

The scheme will provide survivors with access to counselling and psychological services, monetary payments, and, for those who want one – and I stress for those who want one – a direct personal response from an institution where the abuse occurred.

[Updated to clarify that the Royal Commission's investigation covered other institutions as well as the Catholic Church.]

Recent Articles of Interest

From SSRN:

• Paul T. Babie & Joshua Neoh, A Statement on Inclusive Law and Religion, (39 Adelaide Law Review 203 (2018).
• David Hughes, The United States Embassy in Jerusalem: Does Location Matter?, (50 Questions of International Law 15 (2018).
• James M. Oleske, Free Exercise (Dis)Honesty, (Wisconsin Law Review, Forthcoming 2019).
• Clare Huntington, Abortion Talk, (Michigan Law Review, 2019).
• Dalhatu Sani Yola, Hate Speech in Nigeria: Opportunity in Crisis, (International Journal of Crime, Law and Social Issues, Vol. 4, No. 2 (2017).
• Eric Franklin Amarante, Unregulated Charity, (August 6, 2018).

From Academia.edu:

• Deborah Thebault & Lena Rose, What kind of Christianity?  A v Switzerland, (Oxford Journal of Law and Religion, 2018).

HHS Is Considering Eliminating Title IX Protection For Transgender Indivudials

The New York Times reports today that the Trump Administration is proposing another step to eliminate anti-discrimination protection for transgender individuals:

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times....

“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”

Recent Prisoner Free Exercise Cases

In Brown v. State of Washington, (9th Cir.,, Oct. 15, 2018), the 9th Circuit held that the district court properly dismissed an inmate's 1st Amendment and RLUIPA claims regarding burning of his hair.

In Ahdom v. Etchebehere, (9th Cir., Oct. 18, 2018), the 9th Circuit affirmed dismissal of an inmate's complaint that he was prevented from participating in Ramadan meals.

In Shepherd v. Smith, 2018 U.S. Dist. LEXIS 167510 (ND NY, Sept. 28, 2018), a New York federal district court rejected a magistrate's recommended sua sponte dismissal (2018 U.S. Dist. LEXIS 100012, June 13, 2018) of a Rastafarian inmate's free exercise claim regarding dreadlocks.

In Purifoy v. Williams, 2018 U.S. Dist. LEXIS 170795 (WD AR, Oct. 3, 2018), an Arkansas federal district court dismissed complaints by a Christian inmate of denial of pastoral visits, failure to receive a religious calendar and denial of church services while in solitary confinement.

In Barnes v. Fulton County Detention Center, 2018 U.S. Dist. LEXIS 170868 (WD KY, Oct. 2, 2018), a Kentucky federal district court dismissed a Muslim inmate's complaint regarding delay in receiving Ramadan meals and his prayer time.

In Resto-Otero v. Mohammad, 2018 U.S. Dist. LEXIS 171852 (ND NY, Oct. 3, 2018), a New York federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his suit charging a failure to provide him with religiously appropriate meals during Ramadan.

In Wright v. County of Mecosta, 2018 U.S. Dist. LEXIS 173876 (WD MI, Oct. 10, 2018), a Michigan federal magistrate judge dismissed an inmate's complaint that his jail meals failed to satisfy his religious dietary needs.

In Lambright v. Indiana Department of Corrections, 2018 U.S. Dist. LEXIS 175089 (ND IN, Oct. 11, 2018), an Indiana federal district court allowed a Jewish inmate to move ahead with a damage claim for denial of a kosher diet for 3 months, and an injunctive action to obtain Jewish religious services.

In Blade v. Stinson, 2018 U.S. Dist. LEXIS 173929 (WD LA, Oct. 9, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 175062, Sept. 18, 2018) and dismissed a Muslim inmate's complaint regarding his being served pork sausage and not being transferred to a pork-free facility, as well as his retaliation claim.

In McLaughlin v. Lee, 2018 U.S. Dist. LEXIS 173926 (WD LA, Oct. 9, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 175061, Sept. 17, 2018) and dismissed an inmate's complaint regarding lack of Muslim religious services at his former institution, as well as complaints regarding Ramadan and retaliation.

In Cantey v. Martuscello, 2018 U.S. Dist. LEXIS 175302 (ND NY, Oct. 10, 2018), a New York federal magistrate judge recommended dismissing a Nation of Islam inmate's complaints regarding celebration of Saviour's Day, Jumu'ah services and showers before them, and cancellation of a study class.

In Covington v. Perry, 2018 U.S. Dist. LEXIS 176362 (ED NC, Oct. 15, 2018), a North Carolina federal district court granted summary judgment to a Muslim inmate on his RLUIPA claim for a halal compliant diet and the parties were directed to present a joint or individual proposed remedial orders.

No Free Exercise Violation In Ban of Patron From City Swim Club

In White v. Simpson, (WD AR, Oct. 10, 2018), an Arkansas federal district court dismissed plaintiff's claims that his free exercise rights were infringed when he was banned from the premises of a city aquatic club.  The ban was based on his distracting lifeguards and his sexually harassing them verbally.  Plaintiff claimed that his rights were infringed because he was carrying on religious discussions with one of the lifeguards and gave the lifeguard a gift with a "Jesus loves you" message in it. The court found that none of the defendants knew of the religious nature of the discussions, so there was no evidence that he was banned because of his religion or the content or viewpoint of is speech.

House of Lords Debates Religious Intolerance In UK

On Wednesday in Britain the House of Lords engaged in an extensive debate on religious intolerance and prejudice in the United Kingdom. (Full text of the Parliamentary debate.) Lord Hain described the seriousness of the problem in Britain:

We have grown used to pogroms against minorities at various stages in our history as a country: against Jews intermittently and sometimes continuously over the millennia; against the Irish in the nineteenth century; against Jews again in the 1930s; against black and Asian Britons from the late 1950s until today; and against Muslims in the first two decades of this century. But what is entirely novel today is a toxic convergence of attacks on Jewish, black and Muslim British citizens all at the same time. I am not aware of any period in our history when this has occurred before. It is deadly serious, with many of our citizens living in fear or terror simply because of their religion, race or skin colour. This is not just scandalous, it is criminal.

Lord Bourne said in part:

We have asked the Law Commission to review the coverage and approach of current hate crime legislative provision. We must be clear: when someone has perpetrated a hate crime, they will be held accountable for it. Later this year, we will launch a wide-ranging national hate crime public awareness campaign publicly to address hate crime. The refresh commits us to updating the True Vision website to make it easier to use and to ensure it remains the key central platform for all hate crime reporting. We are working with the National Police Chiefs’ Council to provide hate crime training for all call handlers in order to ensure an appropriate response from the first contact, and we are creating the challenging hate crime support group—a network of organisations who share resources, skills and best practice.

Law & Religion UK also reports on the debate.

Campus Pro-Life Speech Case Settled

An ADF press release reports that a settlement has been reached in Ratio Christi of Kennesaw State University v. Olens.  In the suit, a student group charged that the Georgia college limited its pro-life display to a small area set aside as a "speech zone." (See prior posting).  Under the settlement agreement, the school will eliminate its speech zone and students will be free to speak in all outdoor areas of the campus.  The school will also pay plaintiffs' attorneys' fees in the amount of $20,100.

Plagiarism Is A Problem In Christian Publishing World

RNS reports on the problem of plagiarism in the Christian publishing world as earlier this  month a settlement was reached in which best-selling Christian author Christine Caine was sued for lifting portions of author Cary Scott's 2015 book "Untangled" for use in two of her books. According to RNS:

Our clamoring after Christian “rock stars” — paired with the sheer volume of content those in the spotlight are expected to produce — has created the perfect environment for slipshod attribution and theft of content from lesser-known authors.

DOJ Investigates Clergy Sexual Abuse in PA, NY; New Civil Suit In Illinois

CNN reported yesterday that the U.S. Department of Justice has issued subpoenas to seven of the eight Catholic dioceses in Pennsylvania in the wake of a grand jury report on clergy sex abuse since 1947. (See prior posting).  Separately, the Justice Department reportedly subpoenaed documents relating to pornography, transporting victims across state lines and cell phone and social media use from the Buffalo diocese in late May.

Meanwhile AP reports that a civil suit was filed yesterday in Illinois federal district court against all six dioceses in Illinois and the Catholic Conference of Illinois charging a continued cover-up of clergy sexual abuse.   Specific instances of child sexual abuse are charged against three of the dioceses. The suit seeks damages as well as the public disclosure of all priests that have been accused of sexual molestation.

Four New Holiday Season Postage Stamps Issued

The U.S. Postal Service this month has issued four new stamps for the December holiday season: a Madonna and Child Christmas stamp; a classic Santa Claus Christmas stamp; a Hanukkah stamp (issued jointly with Israel Post); and a Kwanzaa stamp. JTA has more details on the joint Haukkah stamp.

Washington Archdiocese Posts List of Clergy Accused of Sexual Abuse of Minors Since 1948

Catholic News Service reports that the Archdiocese of Washington, DC this week posted on its website the  names of 28 former clergy who have been credibly accused of sexual abuse of minors since 1948. (Full list). The Archdiocese says that there have been no reported incidents in almost 20 years.  According to CNS:

The list was assembled as part of a comprehensive review of the archdiocese’s archives ordered in 2017 by Cardinal Donald W. Wuerl as Washington’s archbishop.

Cardinal Wuerl has recently resigned amid controversy over his handling of sex abuse cases in the 1980's and 1990's when he headed the Diocese of Pittsburgh. (See prior posting.)

Two Dioceses Sued Over Transfer of Known Sex Abuser Priest

Tampa Bay Times reported yesterday on a lawsuit filed against the Catholic Diocese of St. Petersburg (Florida) and the Long Island, New York Diocese of Rockville Centre. The suit was filed by Mark Cattell who says that as a 9-year old in 1981 he was sexually abused multiple times by a priest, Robert Huneke, after Huneke was transferred to Christ the King Church in Tampa from a church in Long Island where he had sexually abused a teenager over a number of years.

8th Circuit Oral Arguments In Wedding Videographers' Refusal To Serve Same-Sex Couples

The U.S. 8th Circuit Court of Appeals on Monday heard oral arguments (audio of full oral arguments) in Telescope Media Group v. Lindsey.  In the case,  a Minnesota federal district court rejected a challenge to a provision of the Minnesota Human Rights Act that requires plaintiffs, owners of a videography business that plans to offer wedding videos, to serve same-sex couples. (See prior posting.) Minneapolis Star Tribune reports on the 8th Circuit oral arguments.

Lawsuit Filed In Turkey Over Attempt To Give Independence To Ukrainian Orthodox Church

As reported yesterday by UrduPoint, in Turkey, the Patriarchate of Constantinople has taken steps to grant independent status to the Ukrainian Orthodox Church, purporting to remove it from the jurisdiction of the Moscow Patriarchate, and to remove the anathema from the leaders of two other separatist Orthodox churches in Ukraine.  The Kiev archdiocese was transferred to the Moscow Patriarchate in 1686.  In response, the Turkish Orthodox Church has filed a lawsuit contending that under the Lausanne Peace Treaty of 1923, the jurisdiction of the Patriarch of Constantinople is limited to religious services of the Greeks living in Turkey.  According to a follow-up article in UrduPoint, the Russian Orthodox Church charges that the move by Constantinople was engineered by the United States and other Western countries to create tension between Kiev and Moscow. In response to Constinople's action, the Russian Orthodox Church has cancelled its Eucharistic communion with the Constantinople Patriarchate.

Michigan Appeals Court OK's State Funding For Incidental Costs of Private Schools [UPDATED]

Detroit News and Michigan Radio report on a 2-1 decision yesterday by the Michigan Court of Appeals that allows the state to reimburse private and parochial schools for the cost of complying with state health and safety mandates that are incidental to teaching and providing educational services. At issue is whether a budget appropriation of $2.5 million to reimburse private schools for the cost of fire drills, health requirements and safety inspections violates the state constitution's ban on use of state funds for private schools. Michigan's Blaine Amendment, inserted in the state constitution in 1970, bars public funds for "any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school". (See prior related posting.)

Yesterday's majority opinion from Judges Murphy and Letica ruled:

The Legislature may allocate public funds to reimburse nonpublic schools for actual costs incurred in complying with state health, safety, and welfare laws. But only if the action or performance that must be undertaken in order to comply with a health, safety, or welfare mandate (1) is, at most, merely incidental to teaching and providing educational services to private school students (non-instructional in nature), (2) does not constitute a primary function or element necessary for a nonpublic school to exist, operate, and survive, and (3) does not involve or result in excessive religious entanglement.

Judge Gleicher dissenting wrote in part:

The public money directly and indirectly assists nonpublic schools in keeping their doors open and meeting their payroll, It is unconstitutional for that simple reason.

When the full text of the opinion becomes available online, this post will be updated with links to it.

UPDATE: Here is the majority opinion and the dissent in Council of Organizations and Others for Education About Parochiaid v. State of Michigan, (MI App., Oct. 16, 2018).

Reported Hate Crimes In England and Wales Show Increase

Britain's Home Office yesterday issued a report (full text) Hate Crime, England and Wales, 2017/18.  It reports that there were 94,098 hate crime offenses recorded by police. This is an increase of 17% over the previous year, but this is seen as largely caused by improvements in police reporting. The largest increase (40%) was hate crimes directed at a person because of religion.  Overall, 9% of the hate crimes were religion based, while 76% were racial.  52% of the hate crimes that targeted religion were aimed at Muslims. 12% were aimed at Jews; 5% at Christians. 21% were listed as religion based hate crimes with the targeted religion unknown. JTA reports on the data.

Pakistani Judges Receive Threats Over Upcoming Blasphemy Decision

According to DAWN, last week, a 3-judge panel of Pakistan's Supreme Court heard the appeal in Aasia Bibi's blasphemy case.  Bibi, a Christian, had been sentenced to death by lower courts. (See prior posting). After the hearing, the Supreme Court enjoined electronic and print media from discussing or commenting on the case until the Court's decision is handed down. Christian Post reported yesterday, however, that Supreme Court justices are receiving threats of death if they grant clemency to Bibi. The threats are coming from "hardline Muslim extremists affiliated with political parties like Tehreek-e-Labaik Pakistan."  TLPis threatening paralyzing nationwide sit-in protests if Bibi is freed. Leaders of Pakistan's Red Mosque movement have petitioned the court to place Bibi on a no-fly sit to prevent her from taking advantage of asylum in another country if she is freed.

Myanmar Military Incited Rohingya Genocide Through Fake Facebook Accounts

In an article posted yesterday, the New York Times reports that the genocide and ethnic cleansing directed at Rohingya Muslims in Myanmar was incited online by Myanmar military personnel:

Members of the Myanmar military were the prime operatives behind a systematic campaign on Facebook that stretched back half a decade and that targeted the country’s mostly Muslim Rohingya minority group..... The military exploited Facebook’s wide reach in Myanmar, where it is so broadly used that many of the country’s 18 million internet users confuse the Silicon Valley social media platform with the internet. Human rights groups blame the anti-Rohingya propaganda for inciting murders, rapes and the largest forced human migration in recent history.

While Facebook took down the official accounts of senior Myanmar military leaders in August, the breadth and details of the propaganda campaign — which was hidden behind fake names and sham accounts — went undetected. The campaign ... included hundreds of military personnel who created troll accounts and news and celebrity pages on Facebook and then flooded them with incendiary comments and posts timed for peak viewership.

Atlanta Agrees To $1.2M Settlement With Fired Fire Chief

A $1.2 million settlement has been reached in Cochran v. City of Atlanta, Georgia, the suit brought by a former Atlanta fire chief who was dismissed from his position over a book which he wrote.  The book, designed as a religious guide for men, called those who engage in extramarital or in homosexual sex "wicked" and "ungodly." A court found the city's pre-clearance rules for outside employment unconstitutional. (See prior posting.) The Atlanta Journal-Constitution reported that the settlement amount was approved by an 11-3 vote at Atlanta City Council meeting Monday.

Recent Prisoner Free Exercise Cases

In Hairston v. Emeaghara, 2018 U.S. Dist. LEXIS 167839 (SD OH, Sept. 28, 2018), an Ohio federal magistrate judge recommended dismissing an inmate's complaint that the chaplain refused to provide weekly church services for the segregation unit.

In Brakeall v. Stanwick-Klimek, 2018 U.S. Dist. LEXIS 167925 (D SD, Sept. 28, 2018), a South Dakota federal district court, in an opinion largely focused on other issues, allowed an inmate to move ahead with claims that he has been prevented from participating in Jewish holiday observances and that there is no kosher meal option.

In Baker v. Davis, 2018 U.S. Dist. LEXIS 167027 (ED TX, Sept. 28, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 167961, Aug. 20, 2018) and dismissed a Muslim inmate's various complaints relating to meals, prayer oil, study groups, religious services and grooming policies.

In Rivera v. Kernan, 2018 U.S. Dist. LEXIS 168309 (ND CA, Sept. 28, 2018), a California federal district court allowed an Odinist inmate that authorities refused or delayed approval for celebration or collection of funds for religious holidays.

In Rials v. Avalos, 2018 U.S. Dist. LEXIS 168323 (ND CA, Sept. 28, 2018), a California federal district court dismissed, in part on qualified immunity grounds, a complaint by a Moorish Science Temple of America adherent that he is not allowed to carry a picture of the Holy Prophet Noble Drew Ali outside of his cell.

In Sterling v. Sellers, 2018 U.S. Dist. LEXIS 168555 (MD GA, Sept. 29, 2018), a Georgia federal district court dismissed a Muslim inmate's complaint that congregational prayers were not permitted in the prison day room, but allowed plaintiff to move ahead with his complaint that he was not permitted to participate in the Eid feast.

In Jefferson v. Wall, 2018 U.S. Dist. LEXIS 168662 (D RI, Sept. 28, 2018), a Rhode Island federal district court dismissed, on res judicata grounds, a Muslim inmates complaint that he was not permitted to wear his kufi during Ramadan Iftar meals.

In Barnes v. Fedele, 2018 U.S. Dist. LEXIS 170218 (WD NY, Oct. 2, 2018), a New York federal district court dismissed on qualified immunity grounds a suit by an inmate who registered his religion as Jewish who complained that he was not permitted to wear a Tsalot-Kob under a policy which, at that time approved this as religious head wear only for Rastafarians.

In Mitchell v. Davey, 2018 U.S. Dist. LEXIS 170317 (ED CA, Oct. 2, 2018), a California federal magistrate judge recommended allowing a Muslim inmate to move ahead against certain defendants on his complaint that for parts of 2015, including Ramadan, he could not obtain meals consistent with his religious beliefs, and that meals meeting Muslim standards are not available.