Indian Court Says Jewish Divorce By Mutual Consent Not Permitted

Times of India today reports on a Sept. 24 decision by the Family Court in Mumbai denying a Jewish couple's petition for divorce by mutual consent.  Unlike the situation of numerous other religious groups, there is no codified statutory law in India governing Jewish divorces.  The court held that the divorce is governed by uncodified Jewish personal law, and the parties have not shown that divorce by mutual consent is allowed under Jewish law.

Challenge Filed To Texas' Limits On Marriage Celebrants

A suit was filed last week in a Texas federal district court challenging the constitutionality of Texas Family Code Section 2.202 which limits those who can officiate at marriage ceremonies to members of the clergy and various judges.  The complaint (full text) in Center for Inquiry, Inc. v. Warren, (ND TX, filed 11/5/2018) contends that the failure to allow secular celebrants to perform marriage ceremonies violates the Establishment Clause, the Equal Protection clause and Art. VI's ban on religious tests. Center for Inquiry issued a press release announcing the filing of the lawsuit.

Suit Challenges Denial of Zoning Approval For Mosque

A suit was filed in a Michigan federal district court yesterday against the city of Troy, Michigan challenging the denial of a zoning variance for property acquired for use as a mosque and community center.  The complaint (full text) in Adam Community Center v. City of Troy, (ED MI, filed 11/9/2018), alleges RLUIPA and constitutional violations, saying in part:

31. The City of Troy currently has seventy-three (73) approved places of worship for various religions including Christian Churches and Hindu Temples. However, the city of Troy does not have a single approved Muslim Mosque or other Muslim religious institution within the city.

32. The city of Troy, through its Zoning Board of Appeals as well as planning commission employees, has on several occasions since 2013 recommended that Adam look to other cities as a better place to build their mosque and has stated that there are no places left in Troy where a mosque would be possible. This is despite the fact that there have been new Christian churches built and approved in the city of Troy between 2013 and 2018.

CAIR issued a press release announcing the filing of the lawsuit. Detroit News reports on the lawsuit.

Satanic Temple Sues Netflix Over Wrongful Use Of Bahomet Statue

Yesterday The Satanic Temple filed suit in a New York federal district court against Netflix and Warner Brothers, seeking $50 million in damages.  The complaint (full text) in United Federation of Churches LLC v. Netflix, Inc., (SD NY, filed 11/8/2018), alleges that defendants wrongfully used the image of a statue belonging to the Satanic Temple in its television series Chilling Adventures of Sabrina. The Satanic Temple alleges that it spent $100,000 to develop the statue, Baphomet with Children, which is a modification of the historical deity Baphomet:

Baphomet historically involved a goat’s head ... on a female body associated with Lilith, a figure from Jewish mysticism sometimes considered a goddess of the night. The classic visual representation of idea of Baphomet is an image created in or about 1856 by an occult historian Eliphas Levi.... 

[T]he TST Baphomet with Children, consists of several modifications from the historic expressions of the deity....

The Sabrina Series’ evil antagonists stand in stark contrast to TST’s tenets and beliefs.... By misappropriating TST Baphomet with Children (which is a registered copyright and famous mark of TST) to publish this false and defamatory depiction of TST, Defendants have engaged in three classes of wrong: copyright infringement (Claim 1), trademark violation (Claim 2), and injury to business reputation (Claim 3).

In addition to damages, plaintiff seeks an injunction requiring defendants to digitally remove the statue from all future distributions of the TV program. Courthouse News and Reuters report on the lawsuit. [Thanks To Tom Rutledge for the lead.]

UPDATE: According to a Nov. 21 post by Lucien Greaves, the suit has been amicably settled, with the unique elements of the Satanic Temple’s Baphomet statue acknowledged in credits of episodes already filmed.

Preliminary Agreement Reached For Church of Greece Clergy To Lose Civil Servant Status

Reuters reports that in Greece on Tuesday, Prime Minister Alexis Tsipras and Archbishop Ieronymos of the Church of Greece reached a preliminary agreement to end the civil servant status of priests and auxiliary staff. Some 10,000 members of the clergy will no longer be paid directly by the government. Instead the government will annually transfer a subsidy to a special church fund for the payment of salaries. The agreement also contemplates settlement of a long-standing property dispute between the church and the Greek government. The agreement, which creates a brighter line between church and state, must still be approved by the cabinet, parliament and church leaders. [Thanks to Scott Mange for the lead.]

Attorneys Get Fee Award In Trinity Lutheran Case

Yesterday, a Missouri federal district court handed down a fee award to successful plaintiff's counsel in last year's important Trinity Lutheran case.  In the case, the Supreme Court ultimately upheld the right of a church to participate in a Missouri grant program for school playgrounds. In Trinity Lutheran Church of Columbia v. Comer, 2018 U.S. Dist. LEXIS 190824 (WD MO, Nov. 7, 2018), the court awarded attorneys' fees totaling $433,792 for litigating the case from district court through the U.S. Supreme Court.  It also awarded costs and expenses of $32,593. Plaintiff had asked for attorney's fees totaling $840,605.

Arizona Voters Repeal Expansion of School Voucher Program

In Arizona on Tuesday, voters repealed Senate Bill 1431 which expanded the state's Empowerment Scholarship Accounts to make all public school students eligible to apply. The vote on the measure, known as Proposition 305, was 67% in favor of repeal, 33% opposed to repeal. The program allows students with disabilities (and certain other students) to opt out of public schools and instead receive state funds for use in private schools or for home schooling.

Guam Archdiocese Plans Chapter XI Filing

Guam's Archdiocese of Agana announced yesterday that it plans to file for bankruptcy reorganization within the next 90 days. The Archdiocese said that this is the most expeditious way to handle sexual abuse claims. Guam Daily Post, reporting on the Archdiocese's announcement, says that more than 180 sexual abuse claims against the Archdiocese are pending.

Kim Davis Loses Re-election Bid

According to the Lexington Herald-Leader, in Rowan County, Kentucky on Tuesday, county clerk Kim Davis lost her re-election bid by some 650 votes. Davis garnered national attention in 2015 by her adamant refusal to sign marriage licenses for same-sex couples. (See prior posting).

Trump Administration Finalizes Broadened Contraceptive Mandate Exemptions

In two releases yesterday, the Health and Human Services Administration, jointly with the IRS and Department of Labor, issued final rules making permanent (with minor changes) the interim final rules issued last October expanding exemptions from the contraceptive coverage mandate under the Affordable Care Act. One release (full text) finalizes exemptions for various entities and individuals with religious objections to providing coverage for some or all contraceptive or sterilization methods. The other release (full text) finalizes exemptions for entities and individuals with moral objections to providing such coverage. The final rules will become effective on Jan. 14, 2019.  Last December, two federal district courts issued nationwide preliminary injunctions against enforcing the interim final rules. RNS reports on the new rules.

Third Circuit Hears Arguments In Challenge To Foster Care Non-Discrimination Requirement

Courthouse News Service reports on Tuesday's oral arguments in the U.S. 3rd Circuit Court of Appeals in Fulton v. City of Philadelphia. In the case, a Pennsylvania federal district court rejected Catholic Social Services challenges to the requirement that it not discriminate against same-sex couples in foster care placement. (See prior posting.)

Abortion Measures Defeated In Oregon; Approved In West Virginia

Oregon voters yesterday apparently defeated, by a vote of 37% yes and 63% no, a proposed state constitutional amendment (Oregon Measure 106) that would have prohibited the expenditure of public funds directly or indirectly for abortion, except when medically necessary or required by federal law. These figures are based on tabulation of 68% of the votes.

Voters in West Virginia yesterday approved, by a vote of 51.7% yes and 48.3% no, Amendment 1 which amends the state constitution to add language providing "nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion."

Suit Seeks To Impose Vaccination Exemption On Religious School

VIN News reports on a suit filed last month in a New York state trial court by parents who are seeking to require a Jewish day school to grant their 4-year old son a religious exemption from immunization requirements.  Yeshiva Oholei Torah requires children to be immunized in order to attend, and the school does not recognize exemption requests. The suit apparently contends that the religious exemption provision in New York's Public Health Law Sec. 2164(9) is mandatory for schools. The section provides that the mandatory vaccination requirements of state law "shall not apply to children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school." The trial court denied an emergency injunction in the case last month to the parents who claim their religious freedom is being infringed.. A hearing on a preliminary injunction will be held next week. Some four dozen measles cases have been confirmed among yeshiva students in New York and New Jersey. [Thanks to Avram Schwartz for the lead.]

Alabamans Approve 10 Commandments and Right To Life Amendments

Alabama voters yesterday approved two state constitutional amendments. By a margin of 78% to 22%, voters approved Amendment 1, officially described as follows:

First, it provides that a person is free to worship God as he or she chooses, and that a person’s religious beliefs will have no effect on his or her civil or political rights. Second, it makes clear that the Ten Commandments may be displayed on public property so long as the display meets constitutional requirements, such as being displayed along with historical or educational items. Amendment 1 also provides that no public funds may be used to defend this amendment in court.

Voters, by a margin of 59% to 41% approved Amendment 2, officially described as follows:

Amendment 2 provides that it would be the public policy of the state to recognize and support the importance of unborn life and the rights of unborn children, including the right to life; and to protect the rights of unborn children. Additionally, the amendment would make clear that the state constitution does not include a right to abortion or require the funding of an abortion using public funds.

The proposed amendment does not identify any specific actions or activities as unlawful. It expresses a public policy that supports broad protections for the rights of unborn children as long as the protections are lawful.

Faith-Based Groups Push Voters To The Polls In Today's Mid-Term Elections

RNS yesterday reported on the extensive get-out-the vote campaigns mounted by religious groups. Detailing many of the efforts, the report says in part:

Waves of religious groups are mustering passionate get-out-the-vote efforts in the final hours before the heated midterm elections, with clergy pushing the faithful to the polls in ways that stand to aid both Republicans and Democrats.

Convincing religious voters to cast ballots on Election Day on Tuesday (Nov. 6) is hardly a new phenomenon in American politics. But this year’s atypically heated midterm contests appear to have sparked unusually robust efforts by faith-based organizations to galvanize supporters and move the political needle in favor of their respective values, if not their preferred candidates.

Canadian Diocese Wins Suit Against Insurance Company That Refused Coverage For Abuse Victims

In Aviva Insurance Company of Canada v. L’Évêque catholique romain de Bathurst, (NB Court of Appeal, Oct. 18, 2018), the New Bunswick Court of Appeal held that the Catholic Diocese of Bathurst is entitled to $3.35 million damages against its insurance company that refused to cover amounts paid to victims of clergy sexual abuse. The court said in part:

While the underlying facts of this litigation are most disturbing, at its core this is a breach of contract case involving a diocese that, over the years, purchased general public liability insurance from an insurer, which, many years later, when claims were made, wrongfully denied coverage. The question on appeal is whether the diocese is entitled to damages for breach of contract in amounts that involve the costs of, and payments made through, a conciliation process the diocese set up as a result of its insurer’s denial of coverage....

The Diocese’s right to damages did not rest on it being legally obligated to make the conciliation payments. The correct legal test is one of reasonableness; the trial judge was bound to follow this test and determine whether the conciliation process and the resulting payments were a reasonable response to breach of contract. I conclude the actions of the Diocese did constitute a reasonable response, within the boundaries of the law, to Aviva’s wrongful denial of coverage.

CNS reports on the decision.

Pakistan Blasphemy Case Is Not Over As Government Agrees To Seek Another Review

As previously reported, last week Pakistan's Supreme Court reversed the blasphemy conviction of Asia Bibi, a Christian woman who had been sentenced to death in 2010 for allegedly uttering derogatory remarks against the Prophet Muhammad. However hard-line Islamist opposition to the Court's decision has developed. CBS News reports:

Pakistan's top court acquitted Bibi on Wednesday of the charges carrying the death penalty, infuriating hard-line Islamists who held three days of nationwide protests demanding her execution. The enraged protesters torched scores of vehicles, blocked highways and attacked government and public property; a radical cleric also threatened to kill the three judges who acquitted Bibi. According to the Reuters news agency, Cleric Khadim Hussain Rizvi, who leads the Islamist Tehreek-e-Labbaik (TLP) party, had his Twitter account suspended on Monday for inciting violence.

The protests ended after the government agreed to impose a travel ban on Bibi and allow her case to be reviewed. A review petition was filed in the Supreme Court....

Earlier in the day, police said over 150 people were arrested on charges of arson, vandalism and violence during the protests.

Meanwhile, Al Jazeera reports that Bibi's lawyer has fled to the Netherlands after threats on his life.

Professor Sues Over Requirement To Address Students Using Their Preferred Pronoun

Yesterday a philosophy professor at Shawnee State University in Portsmouth, Ohio filed suit against the trustees and administrators at the school charging that they have violated his free exercise and free speech rights in the enforcement of the University's policy barring discrimination on the basis of gender identity.  The complaint (full text) in Meriwether v. Trustees of Shawnee State University, (SD OH, filed 11/5/2018) complains that University officials enforce university policies to require faculty to use the pronoun preferred by a student when addressing the student. Plaintiff, Prof. Nicholas Meriwether, asserts in part in his complaint:

85. Dr. Meriwether’s Christian faith governs the way he thinks about human nature, marriage, gender, sexuality, morality, politics, and social issues, and it causes him to hold sincerely-held religious beliefs in these areas.

86. Dr. Meriwether’s convictions concerning human nature, the purpose and meaning of life, and ethical standards that are to govern human conduct are drawn from the Bible.

87. Dr. Meriwether believes that God created human beings as either male orbfemale, that this gender is fixed in each person from the moment of conception, and that it cannot be changed, regardless of an individual’s feelings or desires.

88. Dr. Meriwether also believes he cannot affirm as true ideas and concepts that are not true, as this would violate Biblical injunctions against dishonesty and lying.

ADF issued a press release announcing the filing of the lawsuit.

Supreme Court Denies Cert. In Ministerial Exception Case

The U.S. Supreme Court today denied review in Grusgott v. Milwaukee Jewish Day School, Inc., (Docket No. 18-125, certiorari denied 11/5/2018). (Order List.)  In the case, the U.S. 7th Circuit Court of Appeals held that the ministerial exception applies to prevent a former Hebrew teacher in a Jewish day school from suing for her firing in violation of the Americans With Disabilities Act. (See prior posting.)

Ballot Issues To Watch In Tomorrow's Elections

Several ballot measures that may be of interest to Religion Clause readers will be voted on around the country tomorrow:

• Alabama Ten Commandments Amendment, Amendment 1
• Alabama State Abortion Policy Amendment, Amendment 2
• Oregon Ban Public Funds for Abortions Initiative
• West Virginia Amendment 1, the No Right to Abortion in Constitution Measure