Justice Department Increasingly Focusing On Religious Rights Cases

This morning's New York Times carries a long front-page article on a shift in emphasis by the Bush Justice Department's Civil Rights Division. Cases challenging religious discrimination or seeking to vindicate religious rights are getting more attention, while hate crimes cases and cases involving dilution of voting rights of African Americans are being brought less often. Cases under the Victims of Trafficking and Violence Protection Act of 2000 against individuals bringing women into the U.S. to work in brothels have also been emphasized. The article reports that these cases are particular favorites of employees with religious backgrounds who see them as combating a form of slavery. The article reports that there has been an increase in staff hiring from religiously-affiliated law schools, and it charges that political appointees have steered annual merit bonuses to religiously-oriented employees. [Thanks to Steven H. Sholk for the lead.]

Appeal Filed in 10th Circuit Over Exclusion of Sectarian Schools From Aid Program

Yesterday, Colorado Christian University filed an appeal with the U.S. 10th Circuit Court of Appeals in its dispute with the Colorado Commission on Higher Education over the exclusion of pervasively sectarian schools from the state's tuition assistance program for college students. In Colorado Christian University v. Baker, a federal district court upheld the exclusion, finding that it furthered the ban in Colorado's state constitution on aid to any college or university controlled by any sectarian denomination. A press release by CCU announcing the appeal points out the Department of Justice filed an amicus brief in the district court supporting CCU's argument that its exclusion amounted to religious discrimination by the state.

Texas Governor Signs Student Religious Expression Law

KCBD News reports that on Monday, Texas Governor Rick Perry signed into law HB 3678, the Religious Viewpoint Anti-Discrimination Act. (See prior posting.) The new law sets out a model policy for schools to use in protecting religious speech by students and requires schools to establish a limited public forum for student speakers at school events. Under the Model Policy, this includes football games, opening announcements and graduation ceremonies. It also assures students the right to include religious expression in class assignments and to form extracurricular religious groups on an equal basis with those seeking to create non-religious organizations.

In signing the bill, Perry said: "Education is about open-mindedness and learning from one another's thoughts and philosophies. Therefore we cannot - and should not - shield or discourage our children from expressing religious views in school. Stifling discussion in order to appease a secular-only environment will prevent students from growing both academically and personally."

Arizona School Voucher Program Upheld

In Cain v. Horne, (AZ Super. Ct., June 13, 2007), a Maricopa County, Arizona Superior Court judge held that the state's school voucher program does not violate the Arizona constitution's ban on appropriating public funds for religious instruction or for private or sectarian schools. Yesterday's Arizona Star reports on the decision and reaction of the parties to it.

IRS Asked To Investigate RI Diocese Because of Anti-Giuliani Editorial

Americans United for Separation of Church and State yesterday announced that it had sent a letter to the Internal Revenue Service asking it to investigate whether the Roman Catholic Diocese of Providence, R.I. had become improperly involved in electoral politics in violation of restrictions on Section 501(c)(3) tax-exempt organizations. In a May 31 editorial, Bishop Thomas J. Tobin, writing in the Rhode Island Catholic, attacked Republican presidential hopeful Rudy Giuliani's views on abortion rights, and saying that he is therefore turning down an invitation he received to a Giuliani fundraiser.

Court Rejects Muslim Officer's Challenge To Police Uniform Requirements

In Webb v. City of Philadelphia, (ED PA, June 12, 2007), a Pennsylvania federal district judge rejected a Title VII religious discrimination claim by a Muslim police officer who wanted to cover her head for religious reasons with a khimar ("a traditional garment ... which covers the hair forehead, sides of the head, neck, shoulders and chest"). She planned to tuck the lower portion inside her police shirt and wear her police hat. The court held:

Prohibiting religious symbols and attire helps to prevent any divisiveness on the basis of religion both within the force itself and when it encounters the diverse population of Philadelphia.... Police Directive 78 is designed to maintain religious neutrality, but in this case in a para-military organization for the good not only of the police officers themselves but also of the public in general. Under the circumstances, it would clearly cause the City an undue hardship if it had to allow plaintiff to wear a khimar.

The court also rejected plaintiff's claim of a hostile work environment and retaliation. The Associated Press yesterday reported on the decision. [Thanks to How Appealing for posting the opinion.]

Interview With Critic of Evangelism In the Military Published

BuzzFlash yesterday published a long interview with Mikey Weinstein, founder of the Military Religious Freedom Foundation on his book, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military. Focusing on concerns with proselytizing at the Air Force Academy, Weinstein said:

We now have about seventeen active cases going on at the Academy. Over forty-two hundred members of the U.S. military -– Marines, sailors, soldiers, airmen, veterans –- have come talk to us, and roughly 96% of them are Christians. About three-fourths would be traditional Protestants such as Presbyterians, Lutherans, Methodists, Episcopalians, Church of Christ, and Baptists. The other one-fourth are primarily Roman Catholic, with the balance being Jewish, Islamic, Buddhist, Hindu, or Wicken.

Basically you have dominionist evangelical Christians pray/preying -– on non-Evangelical Christians, telling them: You know what? You may think you’re a Christian, but you’re not actually Christian enough. And as a result, you’re going to burn eternally in the fires of hell along with the Jews.

Britain Proposes To Consolidate and Modernize Its Anti-Discrimination Laws

On Tuesday, Britain's Ministry of Justice, Department of Communities and Local Government, published a consultation document on a proposal to consolidate all of the country's anti-discrimination laws into a Single Equality Bill. Among the questions the document raises on religious discrimination are whether the government should ban religious discrimination by private clubs (except those set up for members of a specific religion), and whether organized religion should be able to treat people differently because of gender reassignment. The Guardian reports on reactions from reformers who believe that the proposals in various areas do not go far enough.

Bush Speaks To Southern Baptist Convention Meeting

Yesterday, President George W. Bush spoke via satellite to the Southern Baptist Convention at its annual meeting in San Antonio (full text). He said: "I thank you for your Christian witness, I thank you for your defense of religious liberty, and I appreciate your many good works that make our nation a stronger and more hopeful place." His remarks covered a wide range of issues: judicial appointments, promoting "a culture of life", fighting AIDS and malaria in Africa, and the situation in Darfur. Reporting on the speech, the Baptist Standard said that Bush was given a standing ovation and sustained applause punctuated by whistles and cheers. The Baptist Press coverage of the talk includes a photo of the audience listening to the closed circuit broadcast.

Cert. Denial From April (Not Previously Reported)

Earlier this term, on April 23, the U.S. Supreme Court denied certiorari in Shepp v. Shepp (Case No. 06-9580) (Order List). In the case, the Pennsylvania Supreme Court had refused to order a divorced father to refrain from discussing his religious views that favor polygamy with his daughter whose custody he is sharing. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Sefeldeen v. Alamedia, (9th Cir., June 4, 2007), the U.S. 9th Circuit Court of Appeals held that a Muslim prisoner failed to show that his rights under either RLUIPA or the First Amendment were violated when prison authorities offered him the vegetarian meal plan instead of meals containing Halal meat.

Mobley v. Smith, 2007 U.S. Dist. LEXIS 40229 (WD MI, June 4, 2007), involved a complaint by a prisoner over the delay he experienced in receiving kosher meals after he converted to Judaism. A Michigan federal district court permitted plaintiff to continue with his free exercise claim, though it said it might dismiss it after further facts are developed. It rejected his claim that he suffered unconstitutional cruel and unusual punishment from food deprivation because he ate only fruits and vegetables in order to observe his kosher diet.

In Jeansonne v. Richland Parish Detention Center, 2007 U.S. Dist. LEXIS 40183 (WD LA, April 11, 2007), a Louisiana federal magistrate judge rejected a prisoner's free exercise claim. The prisoner had complained that officials only permitted him to practice his Wiccan religion in his residence dormitory, and not outside it, out of concern about reaction from Christian prisoners.

In Petersen v. Price, 2007 U.S. Dist. LEXIS 40499 (ND WV, June 1, 2007), a federal prisoner complained about his removal from the Bureau of Prisons kosher meal plan. A West Virginia federal Magistrate Judge recommended dismissal of claims against certain of the defendants, finding they were not sufficiently involved. He also recommended dismissal of plaintiff's RLUIPA claims, find that RLUIPA applies only to state and local governments. He found further that officials were justified in removing plaintiff from the meal plan after plaintiff purchased non-kosher food at the prison commissary. Finally he rejected plaintiff's complaint regarding non-kosher lunch bags during lock downs, and rejected plaintiff's retaliation and equal protection claims.

In Smith v. Frank, 2007 U.S. Dist. LEXIS 41243 (ED WI, June 5, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his First Amendment, RLUIPA and state law claims growing out of a prison official's taking a federally protected Eagle feather from plaintiff, who is an enrolled member of a federally recognized Indian tribe.

In Thaxton v. Strode, 2007 U.S. Dist. LEXIS 41247 (WD KY, June 3, 2007), a Kentucky federal district court permitted a Jewish prisoner who was not permitted to attend Muslim worship services to proceed with a First Amendment claim. Plaintiff claims that he goes to all religious services to study God's word and to pray. Jail authorities had denied his request based on "past history of violence/hatred between [the] Muslim [and] Jewish Religion".

Oregon House Passes Workplace Religious Freedom Bill

Last week, the Oregon House of Representatives passed and sent to the state Senate HB 3539, the state's workplace religious freedom act, according to last Sunday's Salem News . The bill requires employer to provide reasonable accommodation to employees' religious observance or practices, requires that employees be permitted use certain leave for religious holidays, prohibits occupational requirements that restrict employees' right to wear religious clothing, to take time off for holy days or to participate in religious observance or practice so long as the activities have only temporary or tangential impact on an employee's ability to perform job functions. The bill also provides that schools do not commit unlawful employment practice by prohibiting teachers from wearing religious dress while engaged in their teaching duties.

Conversion Remains Controversial Legal and Political Topic In India

The issue of religious conversion remains a controversial one in India. India's attorney general, Milon Banerjeein, in an advisory opinion to the governor, has ruled that amendments to the anti-conversion law passed by the legislature of Madhya Pradesh state last year is an unconstitutional violation of citizens' fundamental rights. The governor, Balram Jakhar, has not yet given his approval to the amendments. Indian Catholic reports that the amendments require individuals who wish to convert to obtain prior approval from the local district administration, and require those conducting the conversion to inform the district magistrate one month in advance.

Meanwhile, the Hindu organization, Vishva Hindu Parishad, is urging the president of India to expel all foreign missionaries from the coutnry arguing that the Indian constitution only protects the right of Indian citizens to propagate religious views. The Organiser reports that a memo from VHP to President Dr APJ Abdul Kalam last month also called for a ban on foreign funds coming to missionaries in the country, confiscation of literature that insults Hindu deities, an investigation of activities of foreign missionaries, and a nation-wide law banning conversion by force, allurement or fraud.

Retirement Community Cannot Rely On Tax Exemption Of Baptist Organization

A Danville, Virginia retirement community has lost its battle for tax exempt status. Our Valley.org reports that in a decision released June 8, a Botetourt County Circuit Court judge rejected a claim by the Glebe that because title to its land is held by Virginia Baptist Homes, it may take advantage of a tax exemption granted by the Virginia legislature in 1976. The court said that not all VBH property is exempt, but instead "the specific property for which the exemption is claimed must meet the requirements contained in the exemption granted to VBH".

In Egypt, Fatwas Proliferate-- And Some Are Embarrassing

Tuesday's New York Times carried an interesting piece on the numerous fatwas issued by Muslim religious authorities in Egypt. In the country, two official institutions are responsible for issuing fatwas -- rulings that apply Islamic law to all aspects of life. One of those institutions, Dar Al-Ifta, is formally under the Ministry of Justice. The other is Al Azhar University. There has also been an explosion of other places offering fatwas to those seeking interpretations of Islamic law. The article focuses on some recent rulings that have been embarrassing in light of modern cultural notions.

New Jersey Passes Bill Requiring Pharmacies To Fill All Prescriptions

New Jersey's legislature gave final approval on Monday to S 1195, a bill that requires pharmacies to fill requests for any medication or medical device despite any employee's "sincerely held moral, philosophical or religious beliefs." The Newark Star-Ledger , reporting on the bill's passage, says that it is a response to refusals by some pharmacists to fill prescriptions for birth-control pills and the "morning after" pill.

Military Hearing Officer Rejects Testimony of Monk About Islam

The Los Angeles Times reports that yesterday a preliminary hearing was held at Camp Pendleton, California to determine whether court martial proceedings should be instituted in the case of Lt. Col. Jeffrey Chessani, who is charged with failing to investigate the killing of 24 civilians in Haditha, Iraq. In an unusual evidentiary ruling, Hearing Officer Col. Christopher Conlin refused to permit a Benedictine monk testify about the Islamic religion on the ground that it could cause an adverse reaction among Iraqis when they learned of the testimony.

Complaint Against Church For Political Meddling Dismissed In Mexico

In Mexico on Saturday, the Interior Department dismissed a complaint that had been filed against the Catholic Church accusing it of illegally becoming involved in politics. The charges grew out of the Church's campaign against legalizing abortion in Mexico City. The Associated Press reported yesterday that, despite the dismissal, Church leaders are drawing up proposals to change the law that now bars priests from forming political associations or holding political meetings at churches. Armando Martinez, president of Mexico's Catholic Lawyers College, said that priests should be able to "fully express themselves politically" so long as they do not support political parties or run as candidates.

Czech Government Will Submit Anti-Discrimination Law To Parliament

The Prague Daily Monitor reported yesterday that the government of the Czech Republic has drafted an anti-discrimination law that will be submitted to Parliament. The law prohibits discrimination on the basis of religion (as well as sexual orientation, physical disability, language, political conviction, property, marital status or membership in a political party and trade union). The law was supposed to be adopted by last year as a condition of the Czech Republic's entry into the European Union in 2004. The country faces the possibility of large fines in the European Court for failing to yet adopt anti-discrimination provisions. Last year the Czech Senate defeated a proposed bill.

US Removes Religious Texts From Prison Chapel Libraries

A lawsuit filed by three inmates at a federal prison in Otisville, New York has exposed a new set of rules on religious texts in prison libraries. The Associated Press reported yesterday that the change stem from a 2004 review of how prisons choose Muslim religious service providers. That review grew out of concerns that Muslim inmates were being radicalized. The review led the Bureau of Prisons to conclude that prison chapel libraries were not being adequately supervised, and radical religious books might fall into the hands of violent inmates. The rules now limit prison libraries to between 100 and 150 titles for each religion. Many books previously in the libraries were removed-- Otisville inmates say 600 titles were withdrawn. The number of permitted religious books will be expanded when a new list is drawn up.