Uganda's Jewish Community Is Split Over Financial Charges and Religious Differences

Haaretz yesterday reported on the controversy-- which has now made its way into the courts-- between factions in Uganda's Jewish community, known as the Abayudaya.  The community's rabbi, Rabbi Gershom Sizomu, has been charged by his half-brother, Joab Jonadab Keki, with mismanagement of the community's funds and property.  Keki has asked a Ugandan court to remove Sizomu as rabbi, claiming he has taken community funds for himself and his family.  Sizomu's supporters deny the charges and have filed a counter-claim. Apparently the controversy also has roots in the attempt by Keki to move the community toward Orthodox Judaism.  Rzbbi Siaomu has completed his rabbinic studies in Los Angeles at the Conservative Jewish seminary, the Ziegler School.  The Orthodox rabbinate in Israel refuses to recognize the Abayudaya as Jewish because the community was converted by Conservative rabbis.

New Study Says Hijab or Niqab Creates Positive Bias Toward Witnesses

Pakistan's Daily Times reports on the surprising results of an academic study on the impact of witnesses wearing Islamic head coverings in the court room:

Sexual assault victims wearing the hijab or niqab are viewed more positively when testifying in court than uncovered women, reveals a study that aimed to investigate the importance of being able to see the face to judge credibility among witnesses, along with the importance of religious garments.

Contrary to expectations, the study led by researchers from the Lancaster University in the UK and Memorial University of Newfoundland in Canada, found that “positive biases” are created when women testify in court with either their hair covered (the hijab) or their face and hair covered (the niqab).

The reason for the bias could be because the religious garments may signal that the wearer is more honest because of a positive view of religion.

The Muslim garment may dispel the common rape myth that the sexual assault victim was “asking for it” because it represents sexually conservative attitudes that are thought to disapprove of pre-marital or casual sexual encounters, the researchers explained.

Recent Articles of Interest

From SSRN:

• Smadar Ben-Natan, Controversy and Consensus, Pornography and Hate Speech: The Legal Challenge to the Playboy Channel, (Prostitution, Pornography and Trafficking in Women: Israel's Blood Money, Esther Hertzog and Erella Shadmi, eds. 195-206, Routledge, 2019).
• Thomas McMorrow, MAID in Canada?: Debating the Constitutionality of Canada’s New Medical Assistance in Dying Law, (44:1 Queen's LJ 69 (2018).
• Marta Machado & Rebecca J. Cook, Constitutionalizing Abortion in Brazil, (Revista de Investigações Constitucionais / Journal of Constitutional Research, Curitiba, vol. 5, n. 3, p. 185-231, set./dez. 2018).
• Béligh Elbalti, Equality between Men and Women in the Islamic Law of Inheritance, (2018).
• Ihsan Yilmaz, Unofficial Islamic Legal Knowledge Production, (November 30, 2018).
• Salman Ahmad, Muhammad Amjad & Ejaz Aslam, Types of Interest in Islamic Law Analysis and Application, (Pakistan Journal of Islamic Research, Vol: 18, Issue: 2, 2018).
• Daniel Jacob Hemel, Tangled Up in Tax: The Nonprofit Sector and the Federal Tax System, (Nonprofit Sector: A Research Handbook (3rd edition, Patricia Bromley & Walter Powell eds., Stanford University Press, 2019 Forthcoming)).

Recent Prisoner Free Exercise Cases

In DeMarco v.Davis, (5th Cir., Jan. 28, 2019), the 5th Circuit allowed an inmate to proceed against one defendant on his complaint regarding seizure of his religious material.

In Williams v. Las Vegas Metropolitan Police Department, 2019 U.S. Dist. LEXIS 12878 (D NV, Jan. 25, 2019), a Nevada federal district court allowed an inmate to move ahead with his claim that he was denied a food tray because he requested kosher food.

In Tormasi v. Lanigan, 2019 U.S. Dist. LEXIS 13028 (D NJ, Jan. 28, 2019), a New Jersey federal district court allowed a inmate "independently engaged in Jewish self-practice" to move ahead with some of his claims growing out of the prison's denial of his request for a religious circumcision.

In Brooks v. Cape Girardeau County, 2019 U.S. Dist. LEXIS 13847 (ED MO, Jan. 29, 2019), a Missouri federal district court dismissed an inmate's complaint that he has been denied a kosher diet.

In Barfell v. Aramark Correctional Services, 2019 U.S. Dist. LEXIS 13945 (ED WI, Jan. 29, 2019), a Wisconsin federal district court dismissed an inmate's complaint that his request for vegan meals was not approved for 5 days.

In Weathersby v. Ituah, 2019 U.S. Dist. LEXIS 15385 and Mitchell v. Ituah, 2019 U.S. Dist. LEXIS 15769 (SD TX, Jan. 31, 2019), a Texas federal district court dismissed a Muslim inmate's complaint that on one occasion inmates were not told that an evening meal consisting of "Beenies and Weenies" contained pork.

ACA Shared Responsibility Payment Did Not Violate Taxpayer's Free Exercise Rights

In Cash v. Internal Revenue Service, 2019 U.S. Dist. LEXIS 11603 (MD PA, Jan. 23, 3019), a Pennsylvania federal magistrate judge recommended dismissing a taxpayer's claim that the tax ("shared responsibility payment") imposed by the Affordable Care Act for failing to maintain health insurance violated plaintiff's free exercise rights under the 1st Amendment and RFRA.  Plaintiff Robert Cash alleged that, "[a]lthough not required by [his religious denomination] to forego health insurance, [he] has chosen, as a matter of personal faith, to put his health needs in the hands of his Lord rather than the government's health insurance scheme." The court concluded however that the provision is a neutral law of general applicability. It went on to conclude that Cash failed to allege any facts establishing that the requirement restricted or imposed anything more than a de minimis burden on Cash's religious practice.

Suite Challenges School's Restrictions On Bible Distribution

Suit was filed this week in a Pennsylvania federal district court challenging regulations and policies of the Mechanicsburg Area School District that limit student members of a school's Bible Club from distributing Bibles to classmates during lunch time hours. School policy allows non-school materials to be distributed only on public sidewalks outside the building and only for 30 minutes before and 30 minutes after school, except as otherwise permitted by the principal.  The complaint (full text) in Christians In Action Club v. Mechanicsburg Area School District, (MD PA, filed 1/30/2019) challenges these as "overbroad and unconstitutional time and place restrictions that impose a complete ban on literature distribution during the school day." The suit alleges that these restrictions violate students' free speech and free exercise rights both on their face and as applied. Cumberland Sentinel reports on the lawsuit.

Michigan's New AG Withdraws From Amicus Briefs In 8 Controversial Cases

Detroit News reports that Michigan's Democratic Attorney General Dana Nessel who last month replaced Republican Attorney General Bill Schuette has withdrawn Michigan's support of amicus briefs in eight high profile lawsuits. According to the paper:

The state’s newly appointed solicitor general Fadwa Hammoud filed the motions to withdraw from the cases Tuesday, noting in each motion that the amicus briefs filed in support of the cases by Republican former Attorney General Bill Schuette “no longer represents the legal position of the State of Michigan.”...

The four cases related to reproductive rights included litigation challenging a Kentucky law requiring a doctor to perform an ultrasound before an abortion; an Ohio law that criminalized abortions performed because of a fetal indication of Down syndrome; a federal case that required permission from the Office of Refugee Resettlement before an unaccompanied minor could have an abortion at a Texas holding facility; and an Ohio law that banned government funding for Planned Parenthood non-abortion health care programs and education programs because the agency provided abortion services.

Another case that Nessel withdrew from alleged a geriatric management facility in Missouri had discriminated against a gay man when the facility allegedly withdrew an offer of employment....

Three other cases ... were filed by ... Freedom of Religion Foundation. One case challenged the presence of a Latin cross on the Lehigh County, Pennsylvania, seal and flag; another in Wisconsin challenged laws that allowed for income tax exemptions for religious clergy, but not for members of the Freedom of Religion Foundation; and a third challenged the U.S. House chaplain’s unwillingness to allow the co-president of Freedom From Religion Foundation to deliver an invocation on the House floor.

Council of Europe Decries Sharia In EU Nations

On Jan. 22, the Parliamentary Assembly of the Council of Europe adopted Resolution 2253 (2019), Sharia, the Cairo Declaration and the European Convention on Human Rights.The Resolution says in part:

The Assembly considers that the various Islamic declarations on human rights adopted since the 1980s ... fail to reconcile Islam with universal human rights, especially insofar as they maintain the Sharia law as their unique source of reference. This includes the 1990 Cairo Declaration on Human Rights in Islam, which, whilst not legally binding, has symbolic value and political significance in terms of human rights policy under Islam. It is therefore of great concern that three Council of Europe member States – Albania, Azerbaijan and Turkey ...– have endorsed, explicitly or implicitly, the 1990 Cairo Declaration, as have Jordan, Kyrgyzstan, Morocco and Palestine, whose parliaments enjoy partner for democracy status with the Assembly....

The Assembly is also concerned about the “judicial” activities of “Sharia councils” in the United Kingdom. Although they are not considered part of the British legal system, Sharia councils attempt to provide a form of alternative dispute resolution, whereby members of the Muslim community, sometimes voluntarily, often under considerable social pressure, accept their religious jurisdiction mainly in marital and Islamic divorce issues, but also in matters relating to inheritance and Islamic commercial contracts. The Assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases. The Assembly is aware that informal Islamic Courts may exist in other Council of Europe member States too.

Daily Mail reports on the Resolution.

Muslim Inmate Seeks Right To Have Imam In Execution Chamber With Him

AP reports that a Muslim inmate on death row in Alabama has filed suit challenging the practice of only allowing a correctional officer and the Christian prison chaplain to be inside the death chamber where lethal executions are carried out.  Dominique Ray is scheduled to be executed Feb. 7. He is seeking a stay while he litigates his right to have a Muslim imam stand in the execution chamber with him. Current practice only allows him to consult with his own spiritual adviser before the execution, with that adviser witnessing the execution from an adjoining room.  Ray argues that the required presence of the prison chaplain in the execution chamber only serves the impermissible purpose of safeguarding the soul of the condemned inmate in accord with the Christian belief system.

Suit Challenges Vermont's Exclusion of Parochial High Schools From College Enrollment Program

Suit was filed this week in a Vermont federal district court challenging on free exercise and equal protection grounds Vermont's exclusion of students attending private religious high schools from the state's Dual Enrollment Program.  The complaint (full text) in A.M. v. French, (D VT, filed 1/20/2019), focuses on the state's program that allows high school students at public and private secular schools, but not religious schools, to take college courses at public expense. ADF issued a press release announcing the filing of the lawsuit.

Greek Court Sentences Orthodox Bishop For Anti-Gay Blog Post

AP reports that a 3-judge appeals court in the town of Aigio in southern Greece has convicted Greek Orthodox Bishop Amvrossios of violating laws against racism and of abuse of office in the appeal of the Bishop's acquittal by a lower court.  In a 2015 blog post, the prominent Bishop had urged reader to spit on homosexuals, saying: "They are not human beings, they are rejects of nature."  The court sentenced the bishop to 7 months in prison, suspended for 3 years.

Pakistan Supreme Court Reaffirms Acquittal of Christian Charged With Blasphemy

On Tuesday a 3-judge panel of Pakistan's Supreme Court reaffirmed the Court's acquittal of Aasia Bibi, a Christian woman who had been accused of blasphemy.  Bibi had been acquitted by the Supreme Court in October, but a reported by AP:

Following her October acquittal, radical religious parties took to the streets to protest, calling for the killing of judges who acquitted Bibi and for the overthrow of Prime Minister Imran Khan’s government. They also filed the last-minute appeal for a review of the Supreme Court acquittal.

The protests were spearheaded by the radical Tehreek-e-Labbaik party, whose single point agenda is protection of Islam and the Prophet Muhammad.

Bibi’s case goes to the core of one of Pakistan’s most controversial issues — the blasphemy law, often used to settle scores or intimidate followers of minority religions, including minority Shiite Muslims. A charge of insulting Islam can bring the death penalty.

[Thanks to Tom Rutledge for the lead.]

New York Extends Statute of Limitations For Childhood Sexual Abuse Cases

AP reports that the New York state legislature yesterday gave final passage to A02863, the Child Victims Act (full text). Last week, the Catholic Church dropped its opposition to the bill when it was amended to treat public and private schools the same.  Gov. Andrew Cuomo says that he will sign the bill. A press release from Assembly Speaker Carl Heastie summarizes the bill's provisions:

The Child Victims Act would give childhood sexual abuse survivors an additional five years to seek criminal charges against perpetrators by changing when the statute of limitations clock begins to run. Under the bill, the five year period within which charges could be brought would not start until the victim reaches age 23, rather than 18.

For civil cases involving sex offenses against a child, the statute of limitations would be tolled and a lawsuit by a victim would be permitted up until the victim turns 55 years of age. The legislation includes a one year look-back window for survivors who are not able to seek recourse under current law. This one-year look-back window would take effect six months after the bill is signed into law.

[Thanks to Tom Rutledge for the lead.]

President Supports Bible Literacy Courses In Public Schools

As reported by Politico, Donald Trump today tweeted support for Bible literacy courses in public schools. Trump's tweet said:

Numerous states introducing Bible Literacy classes, giving students the option of studying the Bible. Starting to make a turn back? Great! 

Recent Articles of Interest

From SSRN:

• Christopher C. Lund, Religious Exemptions, Third-Party Harms, and the False Analogy to Church Taxes, (Kentucky Law Journal, Vol. 106, p. 679, 2018 (symposium)).
• Petro Kurmaiev, Prostitution: The Essence and Motives, (July 23, 2018).
• Samuel Wolfe Calhoun, If Separation of Church and State Doesn’t Demand Separating Religion from Politics, Does Christian Doctrine Require It?, (74 Wash. & Lee L. Rev. Online 565 (2019)).
• Siraj Khan, Arab and Islamic States’ Practice: The Sharíʿah Clause and Its Effects on the Implementation of the Rome Statute of the International Criminal Court, (in Tallyn Gray (editor), Islam and International Criminal Law and Justice, Torkel Opsahl Academic EPublisher, Brussels, 2018).

From SmartCILP:

• Richard D. Komer, Trinity Lutheran and the Future of Educational Choice: Implications for State Blaine Amendments, 44 Mitchell Hamline Law Review 551-613 (2018).

Recent Prisoner Free Exercise Cases

In Gibson v. Miller, 2019 N.J. Super. Unpub. LEXIS 155 (NJ App., Jan. 22, 2019), a New Jersey state appellate court rejected an argument from an inmate convicted of murdering a former girlfriend that the divorce obtained by his wife was invalid because under Catholic doctrine a marriage cannot be dissolved by any earthly authority.

In Harris v. Holmes, 2019 U.S. Dist. LEXIS 10693 (D NJ, Jan. 23, 2019), a New Jersey federal district court dismissed a Muslim inmate's complaints about his diet during Ramadan, prayer time, access to prayer oils and wearing a kufi.

In Ruffin v. Baldwin, 2019 U.S. Dist. LEXIS 10881 (SD IL, Jan. 23, 2019), an Illinois federal district court allowed a Jewish inmate to move ahead with claims that he was denied certified kosher meals for breakfast, denied assembly for religious services, and not allowed to wear his religious medallion.

In Tenison v. Byrd, 2019 U.S. Dist. LEXIS 11620 (WD OK, Jan. 23, 2019), an Oklahoma federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 220080, Dec. 28, 2018) and dismissed a Muslim inmate's complaint that he had been threatened about giving away his halal food tray and that Muslims were no longer able to pray on the day room floor.

In Massaquoi v. Morris, 2019 U.S. Dist. LEXIS 10079 (MD PA, Jan. 18, 2019), a Pennsylvania federal magistrate judge recommended dismissing an inmate's claim that he was denied a religious exemption from the Department of Corrections's haircut policy.

Today Is International Holocaust Remembrance Day

Today-- January 27-- is the date designated by the United Nations as International Holocaust Remembrance Day. The date is the anniversary of the liberation in 1945 of the Auschwitz-Birkenau concentration and extermination camp.

Despite Urging, No Excommunication For Gov. Cuomo Over Abortion Rights Law

On Jan. 22, New York's Gov. Andrew Cuomo signed A00021, the Reproductive Health Act (full text) which protects abortion rights.  As reported by the Washington Post on Friday, "some prominent Catholics have urged Cardinal Timothy Dolan of New York to declare Cuomo excommunicated." CNN Religion Editor Daniel Burke received this reaction from a spokesman for Cardinal Dolan:

I will not discuss any individual. Anything that follows is a statement of some general principles, and should not be considered a comment on any specific person.

First, excommunication should not be used as a weapon.  Too often, I fear, those who call for someone's excommunication do so out of anger or frustration.

Second, notable canon lawyers have said that, under canon law, excommunication is not an appropriate response to a politician who supports or votes for legislation advancing abortion.

Third, from a pastoral perspective, if a pastor-- and a bishop is certainly a pastor of a diocese-- knows of a grave situation involving a parishioner, it is his duty to address that issue personally and directly with the parishioner.  That was the approach of Cardinal O'Connor and Cardinal Egan (both of whom I served), and it is Cardinal Dolan's approach as well.

Fourth, and finally, from a strategic perspective, I do not believe that excommunication would be effective as many politicians would welcome it as a sign of their refusal to be "bullied by the Church", thinking it would therefore give them a political advantage. (See, for example, the case of Bishop Leo Maher and Lucy Killea).

Arkansas Anti-Israel Boycott Law Upheld

In Arkansas Times  LP v. Waldrip, (ED AR, Jan. 23, 2019), an Arkansas federal district court dismissed a challenge to Arkansas' Act 710 which requires companies doing business with the state to certify that they are not boycotting Israel.  Plaintiff claimed that the law compels speech regarding contractors’ political beliefs, association, and expression, and restricts state contractors from engaging in boycotts and boycott-related speech in violation of the 1st Amendment. The court rejected these arguments, holding:

A boycott of Israel, as defined by Act 710, is neither speech nor inherently expressive conduct.

The court went on to hold that prior U.S. Supreme Court precedents do not "create an unqualified right to engage in political boycotts."  AP reports on the decision. [Thanks to Steven H. Sholk for the lead.]

New York City's Conversion Therapy Ban For Adults Challenged

Suit was filed this week in a New York federal district court challenging New York City's ban on conversion therapy.  New York City's law, unlike almost all other bans, applies to sexual orientation and gender identity change counseling for adults as well as minors.  The complaint (full text) in Schwartz v. City of New York, (ED NY, filed 1/23/2019), contends that NYC Law Number 2018/22-- which the complaint calls the "Counseling Censorship Law"-- violates the free speech and free exercise rights of both psychotherapist David Schwartz and his patients.  It also claims that the law is void for vagueness.  Dr. Schwartz in an Orthodox Jew who identifies with the Lubavitcher movement, and virtually all of his patients are Orthodox Jews.  The complaint alleges in part:

Dr. Schwartz’s patients, as well as their views about morality, human nature, and the possibility of change, are often deeply informed by their religious beliefs. These individuals believe that it is more important to live consistently with their religious values than to conform their lives to their subjective feelings. Because Dr. Schwartz shares that faith and those convictions, he is able to provide psychotherapy that understands, respects, and assists these patients towards their goals.

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