Britain To Permit Civil Partnership Ceremonies On Religious Premises

On Wednesday, Britain's Equalities Office published a summary of the responses to its consultation on regulatory changes that would permit same-sex civil partnership ceremonies to take place on the premises of religious institutions in England and Wales. The report includes a draft of The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011 to implement the changes. (Full text of report.) The report says:

Making this change will allow those religious organisations that wish to do so to host civil partnership registrations on their religious premises. This voluntary provision is a positive step forward for both LGB rights and religious freedom.

The decision by any particular faith group on whether they wish their premises to be designated for civil partnership ceremonies is entirely voluntary.  The proposed regulations will leave it up to local authorities to decide whether they will as well designate clergy who apply to become civil partnership registrars. The draft Regulations will be laid before Parliament so they can come into force by the end of 2011.  The government also promised to publish a consultation document in March 2012 on equal civil marriage. Anglican Journal on Wednesday reported on developments.

Prosecutor Settles Religious Discrimination Law Suit

The Youngstown Vindicator reported Tuesday that a settlement has been reached in Ally v. City of Youngstown, a federal law suit by a Muslim assistant prosecutor in the Youngstown, Ohio Law Department alleging religious discrimination and failure to accommodate his need to attend Friday mosque services. (See prior posting.) In the settlement, plaintiff Bassil Ally will receive an immediate payment of $110,000 and will also receive a $4000 per year raise in his salary. Ally is now permitted to adjust his lunch schedule to attend Friday mosque services.

7th Circuit Hears Arguments In Bald Knob Cross Case

Yesterday the U.S. 7th Circuit Court of Appeals heard oral arguments in Sherman v. State of Illinois. An audio recording of the full oral arguments is available online. In the case, an Illinois federal district court dismissed a suit by activist Robert Sherman that challenged on Establishment Clause grounds a $20,000 state renovation grant for Bald Knob Cross. The district court dismissed the complaint on mootness and standing grounds. (See prior posting.) The Chicago Tribune reported on yesterday's oral arguments which focused in part on whether legislative intent that certain appropriated funds be used for Bald Knob creates a specific legislative appropriation which a taxpayer can have standing to challenge.

Turkish Court Upholds Alevis' Right To Create Houses of Worship

Today's Zaman on Wednesday reported on a trial court decision in Turkey that vindicates the right of Alevis to maintain their own houses of worship (cemevi). In 2004, Turkey's Religious Affairs Directorate took the position that "it is not possible to consider cemevis and other [such] places as places of worship because Alevism, which is a sub-group of Islam, cannot have a place of worship other than mosques or mescit that are common places of worship within Islam." Relying on this, the Interior Ministry asked the Çankaya Cemevi Building Association to remove references to cemevis as places of worship from its bylaws. The Association refused and the Ankara Prosecutor's Office moved to shut down the Association. The Ankara 16th Court of First Instance rejected the government's petition, writing:

Alevi cemevis or cem houses have been socially known and accepted as places of worship for centuries. The provision that cemevis are places of worship, which was included in the association’s bylaws, is not in conflict with Article 2 of the Turkish Constitution and there is not a law that prohibits this in the Turkish Constitution.

French Satirical Paper Fire Bombed Over Treatment of Islamic Law

The Los Angeles Times reports that in France yesterday, the Paris headquarters of the satirical newspaper Charlie Hebdo was fire bombed as a special edition of the French paper satirizing Islamic law in Libya and Tunisia was about to hit the newstands. According to the Daily Beast, which carries a photo of the cover of the special issue, Charlie Hebdo's website was also hacked. Muslim groups in France condemned the fire bombing, but also expressed disapproval of the depictions in the satirical issue.

Clergy Sexual Assault Provision Upheld Against Constitutional Challenge

In Smith v. Thaler, 2011 U.S. Dist. LEXIS 125869 (ND TX, Sept. 7, 2011), a Texas federal magistrate judge rejected overbreadth, vagueness and Establishment Clause challenges to a provision (TX Penal Code Sec. 22.011(b)(10)) in the Texas sexual assault statute. The challenged section provides that a sexual assault is without the consent of the other person if "the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser." A federal district judge subsequently accepted the magistrate's findings denying habeas corpus relief, and also denied a certificate of appealability. (2011 U.S. Dist. LEXIS 121962, Oct. 20, 2011).

2012 Religious Freedom Moot Court Competition Announced

George Washington University Law School has announced that it will host the 6th Annual National Religious Freedom Moot Court Competition on Feb. 11-12.  The competition is open to teams from law schools around the country. According to GW Law Professor Ira Lupu, this year's problem involves the interpretation and constitutionality of the religious performance exception in the Copyright Act of 1976 (17 USC Sec. 110(3).) Registration deadline for teams is Nov. 7.

Establishment Clause Challenge To Women's Studies Program Dismissed On Collateral Estoppel Grounds

In Hollander v. Members of the Board of Regents of the University of the State of New York, 2011 U.S. Dist. LEXIS 125593 (SD NY, Oct. 31, 2011), a New York federal district court adopted a magistrate's recommendations and dismissed on collateral estoppel grounds an Establishment Clause lawsuit by an alumnus of Columbia University. Plaintiff challenged provision of public funds to Columbia, arguing that the University's Women's Studies program unconstitutionally promotes a religion of feminism. In previous litigation, the same claim had been dismissed on standing grounds. UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 126375, July 1, 2011.

IRS Changes Preserve Social Security Conscience Exemption For LLCs

Yesterday the Internal Revenue Service published T.D. 9554 in the Federal Register. As explained by the Journal of Accountancy, the release amends federal tax regulations under Sec. 3127 of the Internal Revenue Code. That section provides an exemption from Social Security taxes where both the employer and employee are members of a religious sect that opposes participation in Social Security. However, changes in regulations in 2009 created a problem where the employer was not an individual, but instead a so-called "disregarded entity"-- primarily a limited liability company (LLC) wholly owned by one individual. The 2009 changes treated the LLC as the employer-- and the LLC as an artificial business entity, of course, has no religious beliefs. The changes made yesterday assure that the exemption will continue to be available where the sole owner of the LLC is an individual whose religious faith opposes participation in Social Security.

House Reaffirms "In God We Trust" As National Motto

Yesterday, by a vote of 396- 9 (with 2 members voting "present"), the U.S. House of Representatives passed H Con Res 13, reaffirming "In God We Trust" as the national motto and encouraging its display in public buildings. Christian Post outlines the background events leading to the resolution. Americans United criticizes the House for spending time on the resolution.

House Hearing Today On Health Law and Conscience Rights

The Health Subcommittee of the House Energy and Commerce Committee will hold a hearing today on "Do New Health Law Mandates Threaten Conscience Rights and Access to Care?" The advance written testimony of the 5 witnesses is available online from the Committee's website. Testfying will be representatives of the Alliance of Catholic Health Care; Christian Medical Association; Archdiocese of Washington, D.C.; Catholics for Choice; and Washington Hospital Center. Life News reports on the scheduled hearing.

Catholic Group May Sue Over Loss of Grant For Serving Trafficking Victims

The Washington Post reported Monday that the U.S. Conference of Catholic Bishops may sue the Department of Health and Human Services over the its refusal to renew a grant to the USCCB for it to provide services for victims of human trafficking. Instead the grant money will be shared by 3 other non-profit groups.  Apparently career staff at HHS's Office of Migration and Refugee Services recommended that the grant which USCCB has held since 2006 be awarded to it again, on the basis of scores assigned by an independent review board. However senior political appointees reportedly overruled them because USCCB will not refer victims of trafficking for contraceptive or abortion services.  The Catholic group did allow subcontractors to refer women for these services, but would not reimburse the subcontractors with federal grant funds. The ACLU sued over USCCB's practices in 2009. USCCB Media Blog earlier this month accused HHS of having an "ABC Rule", i.e. "Anybody But Catholics."

Court Upholds School's Ban of Anti-Islam T-Shirts

In a decision that has just become available, Sapp v. School Board of Alachua County, Florida, (ND FL, Sept. 30, 2011), a Florida federal district court upheld against free expression challenges a school's dress codes that were applied to send students home for wearing T-shirts carrying the slogan "Islam is of the Devil."  The children who wore the T-shirts came from two families that were members of the Dove World Outreach Center. The Center had gained notoriety for promoting a "Burn a Quran Day." (See prior posting.)  At issue in the new decision were two separate versions of a dress code, in effect in successive school years. (See prior related posting.)  [Thanks to Volokh Conspiracy for the lead.]

Parents Get 75 Months In Faith Healing Death of Infant

In Calckamas County, Oregon yesterday, a trial court judge sentenced Dale and Shannon Hickman to 75 months in prison in the death of their infant son, David, who was born prematurely and lived less than 9 hours.  The couple also received 3 years' probation. As reported by the Oregonian and Courthouse News Service yesterday, the Hickmans' who are members of the Followers of Christ Church, failed to seek medical assistance for their infant and instead merely prayed for him and anointed him with olive oil in compliance with their church's teachings.  The Hickmans are the fourth Followers of Christ couple to stand trial in the last 3 years for failing to seek medical care for their children. The sentence was the minimum mandatory sentence under the state's sentencing guidelines. The judge refused to invoke a now-repealed religious exception that could have allowed him to impose less than the mandatory minimum imprisonment, saying the case did not qualify for the  exemption. The Hickman's attorney had sought merely probation, saying that the couple had already taken their two remaining children to a pediatrician, and would comply with court orders regarding medical care for them.

School Attorney Says Weekly Flag Pole Prayer Violates Establishment Clause

According to yesterday's Jacksonville Times-Union, in Clay County, Florida, the attorney for the county school board last week sent the board a Legal Memorandum (full text) concluding that weekly "Prayer Around the Flag Pole" activities involve an endorsement of religion that violates the Establishment Clause. The prayers are led and organized by a local Baptist minister and take place at 8:15 each Monday morning-- nearly an hour after teachers' work time has begun. Teachers, staff and students participate, and the school has promoted the ceremonies in a newsletter to staff and administrators. The attorney's memo says that the minister and others could use school grounds for prayer, so long as they leave before the time teachers report for work.

Cert. Denied In Utah Highway Patrol Memorial Cross Cases, Over Thomas Dissent

Today the U.S. Supreme Court denied certiorari in Utah Highway Patrol Association v. American Atheists, Inc,. (Docket No. 10-1276), and a companion case Davenport v. American Atheists, Inc., (Docket No. 10-1267) (cert. denied 10/31/2011).  Justice Thomas wrote a 19-page dissent to the denial of cert. (Full text of order and Thomas, J's dissent at pg. 38 of Order List). In the case, a 3-judge panel of the 10th Circuit held that the Utah violated the Establishment Clause when it permitted the Utah Highway Patrol Association to put up crosses on public land as memorials to Highway Patrol members who were killed in the line of duty. (See prior posting.)  The full 10th Circuit denied en banc review by a 5-4 vote. (See prior posting.) In his dissent to the denial of cert., Justice Thomas wrote:

Today the Court rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles..... Because our jurisprudence has confounded the lower courts and rendered the constitutionality of displays of religious imagery on government property anyone’s guess, I would grant certiorari.....

Even if the Court does not share my view that the Establishment Clause restrains only the Federal Government, and that, even if incorporated, the Clause only prohibits “‘actual legal coercion,’” ..., the Court should be deeply troubled by what its Establishment Clause jurisprudence has wrought.

Israeli Court Dismisses Indictment Against Priest In Encounter With Yeshiva Student

Today's Jerusalem Post reports that an Israeli Magistrate's Court last week dismissed an indictment against a Greek Orthodox priest who punched a Jewish yeshiva student in the face after the student spat on the ground toward the priest as he passed. The incident took place in Jerusalem's Armenian Quarter. The Jerusalem Magistrate's Court invoked a provision calling for dismissal of an indictment if it "contravenes the essence of the principles of justice and fairness."  Judge Dov Pollock in his ruling said that the dismissal came after evidence that for years police have not acted to stop daily incidents of members of the ultra-Orthodox community spitting at members of the Christian clergy. The spitting is a criminal offense, and the court said it is intolerable that a Christian should be demeaned because of his faith.

Recent Articles of Interest

From SSRN:

• Avishalom Westreich, The Wife's Right to Divorce in Jewish Law: History, Dogmatics and Hermeneutics, (Journal of Jewish Studies, Vol. 62, pp. 340-63, 2011).
• Habib Siddiqui, Muslim Identity and Demography in the Arakan State of Burma, (October 26, 2011).
• Nora El-Bialy and Moamen Gouda, Enforcing IPR Through Informal Institutions: The Possible Role of Religion in Fighting Software Piracy, (May 9, 2011).
• Grainne De Burca, The Trajectories of European and American Antidiscrimination Law, (American Journal of Comparative Law, Forthcoming).
• Brian H. O'Beirne, The Explanatory Gap in John Finnis' Theory of Natural Law, (Trinity College Law Review, Vol. 14, 2010).

Monument To Jewish Chaplains Dedicated At Arlington National Cemetery

The Washington Post reports on last week's dedication at Arlington National Cemetery of a monument to 14 Jewish military chaplains who died while serving in the U.S. military. The monument was placed on Chaplains' Hill where monuments for Catholic and Protestant chaplains already stand. The cost of the new monument was funded privately. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

Servicemembers Sue To Challenge DOMA and Obtain Equal Spousal Benefits

The Servicemembers Legal Defense Network announced last week that it had filed a federal lawsuit on behalf of a number of plaintiffs seeking the same benefits for same-sex spouses of current and former service members as is provided to opposite-sex spouses.  The complaint (full text) in McLaughlin v. United States, (D MA, filed 10/27/2011), asks the court to rule that the Defense of Marriage Act is unconstitutional as applied to military spousal benefits, and that the definition of "spouse" in federal statutes relating to military benefits is likewise unconstitutional. The complaint invokes the equal protection clause,the 10th Amendment's  principles of federalism, the fundamental right to marry, and the bill of attainder clause. Thursday's Christian Post reported on the case. [Thanks to Alliance Alert for the lead.]