Teacher Sues Arguing Fingerprint Requirement Violates Her Free Exercise Rights

A kindergarten teacher in Dallardsville, Texas, has filed suit challenging a provision added to the Texas Education Code in 2007 (S.B. 9) requiring school teachers to submit their fingerprint so that a criminal background check can be run on them. The complaint (full text) in McLaurin v. Texas Education Agency, (ED TX, filed 10/30/2009), alleges that teacher Pam McLaurin, who has been teaching for over 20 years, is a devout Christian and believes that submitting a fingerprint is barred by verses in the Book of Revelations that caution against receiving the mark of the beast. Plaintiff claims that the requirement is unconstitutional under the free exercise and due process clauses, and violates the Texas Religious Freedom Restoration Act. Courthouse News reports on the case. [Thanks to Eugene Volokh via Religionlaw for the lead.]

UPDATE: The Nov. 17 Lufkin Daily News reported that the court issued a temporary injunction restoring Pam McLaurin's teaching credentials pending the court's decision on the merits of the case. A hearing on the merits is scheduled for Jan. 22, 2010.

Court Refuses To Dismiss Challenge To Illinois Drivers License Rules

In Baer v. White, 2009 U.S. Dist. LEXIS 46412 (ND IL, June 3, 2009), plaintiffs challenged as too narrow the Illinois provisions protecting some religious objectors from furnishing their social security number in order to get a drivers' license. Under Illinois Vehicle Code 6-106 and 92 Illinois Administrative Code §1063.63, an exemption is available only if the religious order or sect to which an applicant belongs does not permit the individual to apply for a social security card. In this case, plaintiffs say that their individual religious beliefs-- based on Revelation 13:16-17 that prohibits the "mark of the beast"-- prevent them from furnishing a social security number in order to obtain a drivers license. However their religious sect does not specifically prohibit obtaining a social security number; instead it respects individual consciences on the matter. At issue in particular is the state's requirement for a statement from one's religious leader "attesting that the use of a social security number is against the religious convictions of the applicant's faith." The statute also requires the Secretary of State to determine which religious groups have bona fide convictions opposing participation in the social security system.

The court refused to dismiss plaintiffs' free exercise, equal protection and state RFRA challenges to the statute and regulations. However the court did dismiss plaintiffs' right to travel and due process challenges to the Illinois requirements.

Romanian Tribunals Uphold Biometric Passports Over Religious Objections

In Romania, both the Legal Commission of the Senate and the Romania Appeals Court have upheld the Emergency Government Ordinance introducing biometric passports despite protests that the new passports violate religious rights. The face image and fingerprints are digital in the new documents. EDRI reported last week that at the Appeals Court hearing, NGOs that brought the challenge argued that "the introduction of chips into passports affects the right to religion because it changes the name given by God into a figure." Some opponents had also claimed that the new passports included the figure "666", traditionally the mark of the beast from the Book of Revelation. Aurel-Vasile Sime, head of the General Division of passports, said that was not the case, and also said that Romanians had the option to choose temporary one-year passports without biometric elements.

Amish Farmer Charged For Failing To Register Livestock Premises

Yesterday's Chicago Tribune reports that for the first time in Wisconsin, an Amish farmer has been charged civilly with failing to comply with the state's livestock premise registration law. The law is designed to facilitate notice to farmers when there are emergencies or disease outbreaks. Emanuel Miller, Jr.'s failure to register slowed down the state's response to a 2007 outbreak of pseudorabies. The Amish are concerned that the identification number that will be assigned to their farm could be considered the "mark of the beast." Miller faces a possible fine of up to $5000.

Michigan Court Upholds Social Security Number Requirement For Drivers License

In Champion v. Secretary of State, (MI Ct. App., Oct. 16, 2008), the Michigan Court of Appeals rejected claims under the free exercise and equal protection clauses of the Michigan constitution and required that a religious objector furnish his social security number in order to obtain a drivers license. Plaintiff, while he has a social security number, believes that they are a precursor to the mark of the beast described in the Book of Revelation. The social security number requirement was enacted by Michigan under provisions of the federal Child Support and Establishment of Paternity Act (CSEPA). While Michigan applies the "compelling interest" test to state free exercise claims, the court concluded that the state has a compelling interest in enforcing child support payments. Also, in the court's view, No less restrictive means are available to achieve that compelling interest.

In an interesting footnote, however ,the court rejected the state's alternative argument that it has a compelling interest in obtaining the federal funding that is available only if it complies with CSEPA. The court said: "It would indeed be troubling to conclude that Michigan can, without state constitutional ramifications, effectively burden a citizen's free exercise of religion, or any constitutional right, if sufficient monies are thrown in its direction by the federal government."

Suit Challenges USDA's Animal Tagging On Religious Freedom Grounds

Earlier this week, a lawsuit was filed in federal district court in the District of Columbia challenging implementation and enforcement by Michigan of the USDA's National Animal Identification System for cattle. The complaint (full text) in Farm-to-Consumer Legal Defense Fund v. U.S. Department of Agriculture, (D DC, filed Sept. 8, 2008) alleges that the system which uses electronic radio frequency identification tags infringes the religious freedom of four individual plaintiffs in the case. Plaintiffs see the numbering system as the prohibited "mark of the beast" and as infringing their "dominion over cattle and all living things". For two of the Old Order Amish plaintiffs, the system would also force them to use technology in violation of their religious beliefs. The complaint alleges violations of the federal Religious Freedom Restoration Act, Michigan's constitutional protection of free exercise of religion, as well as violations of administrative law and environmental requirements. On Tuesday, Wired reported on the lawsuit. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

UPDATE: On Nov. 13, the USDA filed 56-page memorandum (full text) in support of its motion to dismiss plaintiffs' claims against USDA. It argues lack of standing and compliance with rulemaking requirements. It also alleges that any burden on religious freedom was caused by co-defendant, the Michigan Department of Agriculture, not by USDA. [Thanks to Jean Dudley via Religionlaw listserv for the lead.]

Court Rejects Free Exercise Exemption From Law Numbered "666"

A Tennessee appellate court last week rejected a rather unusual free exercise challenge to the state's child support requirements. In Sherrod v. Tennessee Department of Human Services, (TN Ct. App., July 25, 2008), Michael Sherrod, a divorced father, refused to pay child support through the state's Central Child Support Receipting Unit. He argued that he would pay directly to his former wife, or to the court, but that because the central state agency was set up under a federal statute codified at 42 USC Sec. 666, payment through that entity would involve him in transmitting funds to a "Satanic entity" in violation of his religious beliefs. In support of his argument, Sherrod, a Born Again Christian and a Sunday School teacher, cited the Book of Revelation (13:18) where the number 666 is associated with the Mark of the Beast and the end of days. (Background.) The court, however, held that the state's statute is uniformly applicable and facially neutral as to religion. Therefore it is valid so long as it reasonably promotes a legitimate public purpose. The court found that standard to be satisfied.

Mennonnite Farmer Sues Claiming Animal ID System Infringes His Religious Beliefs

Yesterday, the Alliance Defense Fund filed suit in state court on behalf of Mennonite farmer, James Landis, challenging the requirement imposed by the Pennsylvania Department of Agriculture that Landis obtain a federal premise identification number in order to continue to ship his Muscovy ducks to live bird markets in New York City. (Press release). The requirement is the first step in a National Animal Identification System that is being developed to better trace diseased animals. Landis believes that any numbering system imposed on him violates the command in Revelation Chaps. 13-14 to avoid the mark of the beast. The complaint (full text) in Landis v. Wolff alleges that the Agriculture Department's demand violates Landis' right to the free exercise of religion protected by the Pennsylvania Constitution (Art. I, Sec. 3) and by the Pennsylvania Religious Freedom Protection Act.

California Can Require Social Security Number For Driver's License

In Harris v. Business, Transportation and Housing Agency, 2007 U.S. Dist. LEXIS 31283 (ND CA, April 17, 2007), a California federal district court rejected a free exercise challenge to California's requirement that a person applying for a drivers' license present a social security number. Smiley Harris, a minister in the Church of Greater Faith and Redemption, in a wide-ranging group of claims, argued that his congregation forbids use or possession of a social security number, believing that it is the "mark of the beast".

Some Amish Farmers Protest Wisconsin's New Cattle ID Requirements

Today's LaCrosse (WI) Tribune reports that some Amish farmers object on religious grounds to the state's new livestock premises identification requirements that are set to take effect on May 1. The objectors say that the Bible prohibits them from buying and selling animals that are numbered. They consider the IDs the "mark of the beast." The U.S. Department of Agriculture is promoting voluntary premises registration, but Wisconsin is the first state to mandate it. The state's Department of Agriculture, Trade & Consumer Protection board will meet Wednesday to discuss the problem. (See prior related posting.)

Employees Lodge Religious Objections To Hand Scanners

On Point Legal News today carries an interesting story on recent lawsuits brought by employees who object to using biometric hand scanners to clock their arrival and departure from work. They interpret the Biblical Book of Revelation, Chap. 13, as warning against taking the "Mark of the Beast" on one's forehead or right hand. Plaintiffs, citing religious concerns, want to use an alternative method to record their working hours. Some employers have accommodated employees by permitting them to place their left hands, instead of their right hands, under the scanners.

Federal Pre-Emption Requires Objector To Furnish SS Number For Drivers License

In Lewis v. State of Idaho Department of Transportation, (ID Ct. App., Aug. 17, 2006), an Idaho appellate court rejected an appeal by Lawrence Lewis who was denied a drivers' license when he refused to furnish his social security number. Lewis believes his social security number "is either the precursor to, or actually is, the biblical 'mark of the beast'." Apparently realizing that a claim under the First Amendment would be difficult to maintain, Lewis instead relied on Idaho's Free Exercise of Religion Act that requires the state to show a compelling interest and use of the least restrictive means when free exercise is burdened even by a neutral law. The court, however, found that federal law, 42 U.S.C. § 666(a)(13)(A), requiring states to collect social security numbers of drivers license applicants, pre-empts the state's Free Exercise of Religion Act. The federal provision was enacted as part of Congress' attempt to facilitate interstate child support enforcement. Saturday's Salt Lake Tribune covers the decision.

Title VII Suit Seeks Relief From Biometric Fingerprinting

The Columbia Missourian on Sunday covered an unusual Title VII employment discrimination case brought by a fundamentalist Christian who was fired after he refused to use a time clock that is triggered by his biometric fingerprint. Donny Attaway, a member of New Covenant Faith Center in Independence, Missouri, believes that fingerprinting could be the "mark of the beast" warned against in the New Testament Book of Revelation. The Alliance Defense Fund attorney defending Attaway admits that this is an unusual interpretation of the Biblical passages. Many others believe that the mark of the beast is the number 666, or rely on the passages from Revelation to oppose using a Social Security number for identification. The suit claims that Attaway's employer, QuickTrip, should accommodate Attaway's religious beliefs by permitting him to use his Social Security code at work, as is done for employees with broken fingers.