ACLU Questions Policy On High Schoolers Wearing Rosaries That Are Gang Symbols

In Brownsville, Texas, the ACLU has filed an open records request with school officials in order to look into the a provision in the high school's Code of Conduct that bans wearing "religious symbols which have been altered with the intent of causing offense or inciting or promoting gang activity, violence, or other prohibited behaviors."  The San Antonio Express News today reports that the move comes after school officials instructed  students wearing handmade rosaries around their heads and waists to instead tuck them into their clothes.  Police officials say the rosaries are symbols identifying the students' connection to prison gangs.

Education Official In Canadian Territory Sets Ground Rules For Distributing Religious Materials In Schools

The Deputy Minister of Education in the Canadian federal territory of Nunavut has ruled that religious materials may be distributed in the public schools.  Deputy Minister Kathy Okpik's statement (full text) reads in part:

The Education Act allows District Education Authorities to grant permission for the distribution of religious materials in schools outside of the education program.

Governments cannot promote any particular religion or faith over another. As a public institution, the District Education Authority cannot show favoritism to one religious group over another. If a District Education Authority allows one religious group into the schools to distribute materials, it must allow all religious groups the same access.

No one, including teachers and students can be forced to participate in religious programs or receive religious materials if they object on personal, moral or religious grounds.

Nunatsiaq Online reports that the statement was issued shortly after the District Education Authority in the town of Arviat gave the Gideons permission to distribute Bibles to students in grades 5 through 12 in the schools.

Canadian Court Rejects Claim That Ban of Cannabis Violates Religious Freedom

In Bennett v. Attorney General for Canada, (Fed. Ct., Nov. 15, 2011), the Federal Court of Canada upheld a refusal by Canada's Minister of Health to grant an exemption from Canada's Controlled Drugs and Substances Act to a member of the Church of the Universe who believes that cannabis is the "tree of life."  Applicant argued that the ban on marijuana violates his rights under Sections 2 (freedom of religion), 7 (protection of liberty) and 15 (equal protection) of the Canadian Charter of Rights and Freedoms. Rejecting applicant's religious freedom claim, the court said:

The Applicant ... has not shown that his practice of consuming seven grams of marihuana per day has any nexus with religion. While the Applicant has shown that his practice is based on the belief that cannabis is the tree of life, this, in and of itself, does not make it a religious practice....

The Charter’s recognition that religion is of great personal importance to its adherents does not flow into the converse conclusion that all practices and beliefs that are of great personal importance to individuals are religious in nature.

Cannabis Culture reports on the decision.

Suit Claims Employee Was Fired For Refusing To Wear "666" Sticker

AP reports today on a religious discrimination lawsuit filed in federal court in Georgia by a fired factory worker.  Pliant Corp. (now Berry Plastics Corp.) celebrated its safety record by having workers each day wear stickers displaying the number of accident-free days in their factory. In early 2009, the accident-free days moved into the 600's and employee Billy Hyatt told a manager that he would not be able to wear a sticker proclaiming 666 days. According to Hyatt's Christian religious beliefs, wearing this would force him to accept the mark of the beast and be condemned to hell. The manager assured him that he would not have to wear the number, but when the 666th day arrived he was told that his beliefs were ridiculous and he would be suspended for 3 days for not wearing the sticker. Several days later he was fired. The EEOC issued Hyatt a right to sue letter.

7th Circuit Grants En Banc Review In Case On Use of Church For Graduation Ceremonies

Brookfield Patch reports that yesterday the U.S. 7th Circuit Court of Appeals granted en banc review in John Doe, 3 v. Elmbrook School District.  In granting review by the full court, the court vacated the 2-1 panel decision that upheld against an Establishment Clause challenge the practice by two Wisconsin public high schools of holding their graduation ceremonies in a Christian church that the district rented for the occasion. (See prior posting.)

California High Court Tells 9th Circuit: Initiative Proponents Have Standing

The California Supreme Court yesterday gave a substantial boost to backers of Proposition 8-- the initiative that amended the state constitution to bar recognition of same-sex marriage.  In a lengthy and unanimous decision in Perry v. Brown, (CA Sup. Ct., Nov. 17, 2911), the state's high court held that:

when the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so, under article II, section 8 of the California Constitution and the relevant provisions of the Elections Code, the official proponents of a voter-approved initiative measure are authorized to assert the state‘s interest in the initiative‘s validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative.

Justice Kennard also filed a concurring opinion.  The court's decision came in response to a question certified to the California Supreme Court by the U.S. 9th Circuit Court of Appeals in a federal lawsuit challenging the constitutionality under the U.S. Constitution of Proposition 8. The federal district court held that Proposition 8 violated the due process and equal protection clauses of the U.S. Constitution.  State officials refused to defend the constitutionality of Proposition 8 and official proponents of Proposition 8 sought to intervene to defend the measure. (See prior posting). AP reports on yesterday's opinion.

Court Protects Anonymity of Blogger Who Criticized Spiritual Organization

In Art of Living Foundation v. Does 1-10, (ND CA, Nov. 9, 2011), a California federal district court held that plaintiff, an organization dedicated to teaching the spiritual lessons of Ravi Shankar, cannot not force Internet service providers at this time to reveal the name of an anonymous online blogger. In expressing concern about protecting the right of anonymous speech, the court noted that this case is unusual because the anonymous blogger appeared in the litigation under a pseudonym, and even participated in discovery.  Art of Living Foundation asserted claims of defamation, misappropriation of trade secrets, copyright infringement and trade libel against the blogger. Reporters Committee for Freedom of the Press reports on the decision.

ACLU Says School Cannot Avoid Prayer Ban By "Spinning Off" Commencement

Earlier this month, the ACLU of Nebraska announced that it had sent a letter (full text) to the Superintendent of the Lakeview Community Schools in Columbus, Nebraska demanding an end to prayers at high school graduation ceremonies. As reported yesterday by New American, the high school has an unusual justification for the practice. Ten years ago when the ACLU questioned prayer at the school's graduation ceremonies, the school "spun off" graduation ceremonies to the parents for them to run, hoping thereby to turn graduation into a private event at which prayer is permissible. However, the ACLU's current letter contends that the school "may not circumvent ... basic constitutional prohibitions by enlisting other private groups to present religious messages to students."

Another Cross Appears and Is Removed From Sunrise Rock

The long-running battle over the the cross on Sunrise Rock in the Mojave Desert Veterans' Memorial is back in the news. Congress attempted to transfer the land on which the cross was constructed to the VFW to avoid an Establishment Clause challenge. In a fragmented decision, the U.S. Supreme Court sent the challenge to the land transfer back to the lower courts. (See prior posting.) Subsequently the cross that was the subject of litigation was stolen, private parties erected a replica (see prior posting) and the National Park Service removed the replica to comply with a district court injunction that was still in effect. (Background from NPS). Yesterday Scripps Howard reported that yet another cross appeared on Sunrise Rock on Monday. Park Service rangers removed it on Tuesday. Park Service police will investigate who erected the cross and whether a crime was committed. Both this cross and the former one that was removed will be held as evidence while negotiations to settle the lawsuit over the land transfer continue. On Tuesday, the federal district court granted the parties a 90-day extension in their attempts to reach a settlement.

11th Circuit Dismisses Christian Coalition's Suit On Non-Profit Tax Status

In Christian Coalition of Florida, Inc. v. United States, (11th Cir., Nov. 15, 2011), the 11th Circuit held that a tax refund suit needed to be dismissed as moot after the IRS refunded the disputed taxes in full. Christian Coalition of Florida ("CC-FL") sought IRS recognition as as Section 501(c)(4) social welfare organization. However IRS refused the application, concluding that CC-FL's activities primarily constitute participation in political campaigns-- an activity not permitted for 501(c)(4) organizations.  CC-FL paid the small amount of taxes due and then claimed a refund.  IRS refunded a portion of the taxes. CC-FL sued for a refund as to the remainder ($261) and also sought declaratory and injunctive relief in order to challenge the IRS determination that it was not entitled to 501(c)(4) status. Shortly after the litigation was filed, IRS refunded the remaining taxes.  The court agreed with the government that the Anti-Injunction Act and the tax exception to the Declaratory Judgment Act preclude CC-FL from suing to obtain favorable tax status for future years. A special tax code provision (26 USC 7428) allows groups claiming Section 501(c)(3) status to obtain declaratory judgments, but the provision does not apply to 501(c)(4) organizations which do not face the same problem of losing donations when their deductibility is open to question.  Contributions to 501(c)(4) groups generally are not deductible in any event.

11th Circuit: RLUIPA "Equal Terms" Violation, But Only Nominal Damages Awarded

Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, (11th Cir., Sept. 7, 2011), is an interesting RLUIPA case decided earlier this year which has just now come to my attention.  The case involves a RLUIPA challenge brought by a church to a city's zoning ordinance which prohibited religious institutions from locating in various residentially zoned areas, even though private parks, playgrounds and neighborhood recreation centers were permitted. The 11th Circuit upheld the district court's conclusion that the ordinance violates RLUIPA's "equal terms" provisions, but that plaintiff is entitled only to nominal damages.  The district court remedied the unequal treatment in the zoning law by holding that private parks, playgrounds and neighborhood recreation centers should be excluded from the residentially zoned areas, just as religious institutions were. Thus, according to the 11th Circuit, the church obtained no vested right to build its church under the ordinance's original language. Shortly after the district court's decision, the city amended its zoning law in a manner that still treats all places of assembly, religious and non-religious, alike.  They are special uses requiring special approval by city council.  According to the 11th Circuit, this change mooted plaintiff's claims for injunctive relief under the earlier law. (See prior related posting.) [Thanks to Christopher Lund via Religionlaw for the lead.]

Muslim Protesters Vandalize Monuments Donated To Maldives By Other South Asian Nations

The 17th Summit of the South Asian Association for Regional Cooperation (SAARC) was held on Nov. 10 to 11 in Addu City, Maldives.  In connection with the Summit, both Pakistan and Sri Lanka donated monuments to the Maldives.  Both monuments were promptly vandalized by protesters who claim the statues are idols that are illegal to import or display in the Maldives. The monument donated by Pakistan was set on fire and later stolen. Two men have been arrested in the incident.  However, according to Minivan News yesterday, Adhaalath Party President Sheikh Imran Abdulla said the monument "conflicts with the constitution of the Maldives, the Religious Unity Act of 1994 and the regulations under the Act because it depicted 'objects of worship' that 'denied the oneness of God'." The paper reports further:

The religious Adhaalath Party and the party of former President of Maumoon Abdul Gayoom, the Progressive Party of the Maldives (PPM), have declared those responsible for destroying the monument to be “national heroes”.

The Sri Lankan statue, a lion (representing Sri Lanka's national symbol), was doused with crude oil, according to as separate Minivan News report yesterday. Ahmed 'Marz' Saleem, PPM Council, member filed a complaint with police against the Maldives Customs Department for its allowing "idols" to be imported into the country. He says the importation violates the Police Act, Customs Act, Contraband Act and the Religious Unity Act.

UPDATE: According to Haveeru News Service (11/17), the Maldives Islamic Ministry has ordered the Foreign Ministry, the President’s Office and Addu City Council to remove monuments displaying irreligious graphic content. The Pakistani monument is the clearest example. However the President's press secretary said that "returning a gift given by another government is not an easy thing to do."

USCIRF Will Get Another Temporary Extension In Continuing Resolution

As previously reported, under the International Religious Freedom Act, the U.S. Commission on International Religious Freedom would have gone out of business on Sept. 30, 2011. However provisions in two Continuing Resolutions have kept it alive pending enactment of a two-year reauthorization bill that has been passed by the House and is pending in the Senate. The latest of the Continuing Resolutions extended USCIRF's life to this Friday, Nov. 18.  Now, however, another temporary reprieve is apparently about to be enacted.  As reported in a memo issued Monday by the chairman of the House Appropriations Committee, the final conference report on the Fiscal Year 2012 Agriculture, Commerce/Justice/Science, and Transportation/Housing and Urban Development Appropriations bill – sometimes known as the "Mini-bus" contains yet another Continuing Resolution continuing other operations of the federal government until Dec. 16. (House Report 112-284 full text). The convoluted language of this Continuing Resolution has the effect of also extending USCIRF until Dec. 16.  The CR provides that:

The Continuing Appropriations Act, 2012 (Public Law 112-36) is amended by striking the date specified in section 106(3) and inserting "December 16, 2011".

Public Law 112-36 in turn extended the life of USCIRF through a provision reading:

Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by substituting the date specified in section 106(3) of this Act for "September 30, 2011".

In response to an inquiry, USCIRF Chairman Leonard Leo told Religion Clause blog by e-mail:

There is a provision in the CR to keep USCIRF going if the reauth cannot be achieved by the end of the week. But, we are hoping that the Democrats will move forward and get it done in the next couple of days. It would be shameful if, as other countries around the world create institutions like USCIRF, we shut ours down.

UPDATE: The White House website reports that the President signed the legislation on Nov. 18.

Bishop-Prosecutor Agree To Monthly Meetings On Child Abuse Evidence To Avoid Indictments

As previously reported, a Jackson County, Missouri grand jury last month indicted Catholic bishop Robert W. Finn and the Diocese of Kansas City-St. Joseph on misdemeanor charges growing out of their delay in reporting to authorities pornographic photos of girls found on a priest's laptop computer. The New York Times reported yesterday that now Bishop Finn has entered an agreement with the prosecuting attorney of neighboring Clay County to avoid indictment there as well. The bishop will meet monthly for the next five years with the prosecutor to report every suspicious episode in his diocese involving child abuse.  Finn will also visit each parish in Clay County to inform parishioners on how to report suspicious behavior. Victims' advocates criticized the agreement as ineffectual.

FBI May Invoke FOIA Exemption For Its Investigations Guide

In Muslim Advocates v. United States Department of Justice, (D DC, Nov. 10, 2011), the U.S. District Court for the District of Columbia held that the federal government can rely on the exemption in the Freedom of Information Act for certain law enforcement records to deny an advocacy group unredacted copies of chapters of the FBI's Domestic Investigations and Operations Guide. The court upheld in part the government's release of only a redacted version of the Guide. However, the court called for additional explanation of the government's insistence on extensive redactions in one of the chapters.

The 2009 complaint (full text) in the case contended that plaintiffs sought the documents because of their relevance to concerns over racial and religious profiling and  concerns about infringement of privacy and various 1st Amendment rights. In 2008, prior to implementing the Guide, the FBI had held two meetings with civil rights and civil liberties organizations to discuss the Guide. The attendees were allowed to review unredacted versions of 4 chapters, and take notes on them, for about two hours. Plaintiffs claimed that this waived the government's right to now withhold these chapters under FOIA exemptions. The court held, however, that it "is not convinced that such a limited review is sufficient to satisfy the requirements of the public-domain doctrine in the absence of evidence that the disputed chapters are now 'truly public'." Reporters Committee for Freedom of the Press reports on the decision.

Illinois Catholic Agencies Drop Suits Seeking To Keep Foster Care Funding

The Chicago Tribune reported yesterday that the Catholic dioceses of Joliet, Springfield and Belleville, Illinois have dropped their lawsuits against the state of Illinois in which they were seeking to retain state funding for foster care services without placing children with same-sex couples who had entered civil unions. (See prior posting.) An attorney for Catholic Charities says that they were forced to drop the lawsuit when the state delayed payments to the agencies and thus prevented foster care parents from receiving payment.

Meanwhile, Catholic Social Services of Southern Illinois announced that it was separating from the Diocese of Belleville and as a new organization, Christian Social Services of Illinois, will continue to offer foster care services in compliance with Illinois Religious Freedom Protection and Civil Union Act. A statement by the Diocese of Springfield indicated that it is completely ending its foster care and adoption services, but added: "The silver lining of this decision is that our Catholic Charities going forward will be able to focus on being more Catholic and more charitable, while less dependent on government funding and less encumbered by intrusive state policies."

Bishops Express Concern Over Government Policies Seen As Infringing Catholic Religious Freedom

According to AP, the Fall meeting of the U.S. Conference of Catholic Bishops, being held from Nov. 14-17, is focused heavily on religious freedom and the perceived infringement of Catholic religious liberty by various policies of federal and state governments. (See prior posting.)  AP reported in part:

Archbishop Timothy Dolan, president of the U.S. Conference of Catholic Bishops, said the bishops are not just reacting to Obama's policies, but to a broader society in a "drive to neuter religion" and "push religion back into the sacristy."

... But Dolan said he discussed the church's concerns with Obama when the two men met last week in the Oval Office. The archbishop said Obama was "extraordinarily friendly" and "very ardent" in reassuring Dolan that the administration would look into the problems.

"I left there feeling a bit more at peace with this issue than when I entered," Dolan said.

However yesterday the USCCB issued the following statement:

The meeting between President Obama and Archbishop Dolan on November 8 at the White House was very cordial and included pertinent moral concerns arising in foreign and domestic policy, issues of both agreement and disagreement. Both President Obama and Archbishop Dolan agreed that this was a private meeting, so no further details will be discussed.

FBI Releases 2010 Hate Crime Data

The FBI yesterday released its report on 2010 Hate Crime Statistics. (Full text of report.) Of the 6,224 single bias incidents reported in 2010, 20% were motivated by religious bias-- second only to racially motivated hate crimes which accounted for 47.3% of the incidents.  Sexual orientation bias was involved in 19.3% of the single bias incidents. Of the 1,409 hate crimes offenses motivated by religious bias, 65.4% were anti-Jewish; 13.2% were anti-Islamic; 4.3% were anti-Catholic; 3.8% were anti-multiple; 3.3% were anti-Protestant; 0.5% were anti-Atheism/Agnosticism/etc.; and 9.5% involved various other religions. The 6,628 total hate crime incidents in 2010 amounted to an insignificant increase over the 6,604 incidents reported for 2009. (See prior posting.) ADL issued a press release commenting on the 2010 data and decrying the fact that numerous law enforcement agencies around the country failed to report their hate crime data to the FBI.

Bishops Launch New Website Opposing Same-Sex Marriage

The U.S. Council of Catholic Bishops has created a new website-- Marriage: Unique for a Reason-- devoted to defending traditional marriage and opposing same-sex marriage.  A welcoming blog post from Bishop Salvatore J. Cordileone, chairman of the bishops' Subcommittee for the Promotion and Defense of Marriage, says in part:

Confusion about marriage's meaning is common today. What is marriage? Why does sexual difference matter for marriage? Do children have a right to a mom and a dad? Is marriage between one man and one woman discriminatory? These and many other questions are being raised with great urgency, and they call out for answers.

The Marriage: Unique for a Reason website is designed as a home of resources on what the Catholic Church teaches about the unique meaning of marriage, and why.

Supreme Court Denies Cert In Two Religion and Schools Cases

The U.S. Supreme Court today denied certiorari in two cases involving school-related religion issues. (Order List for 11/14/2011). The first case in which it denied review is Workman v. Mingo County Board of Education (Docket No. 11-380). In the case, the 4th Circuit upheld West Virginia's statute requiring vaccination for various diseases as a condition of attending school, rejecting plaintiff's free exercise, equal protection and substantive due process challenges to the requirement. (See prior posting.)

The other case in which the Court denied review is Victory Through Jesus Sports Ministry Foundation v. Lee's Summit R-7 School District, (Docket No. 11-402).  In the case, the 8th Circuit held that a Missouri elementary school's limitation on the groups that could send home flyers with students was reasonable and viewpoint neutral, rejecting complaints by a group that was dedicated to using sports for evangelism that under the policy it was limited to distributing its flyers once per year. (See prior posting.)  Education Week reports on the Supreme Court's denial of cert. in both cases.