Muslims Urged To Vote In French Presidential Runoff

In France, after a first-round Presidential vote in which Muslims have been vilified, Muslim leaders-- particularly in southeast France-- are pressing Muslims to vote in Sunday's run-off election. AP reports that Socialist Francois Hollande is likely to be the favorite among Muslims since his run-off opponent, conservative President Nicolas Sarkozy, spoke out against Muslim practices in his campaign. In the initial election round, right-wing candidate Marine Le Pen who received 18% of the vote had particularly attacked Muslims, and Sarkozy in the run-off is seeking votes of Le Pen backers. However Dalil Boubakeur, head of the Grand Mosque of Paris, objects. The mosque issued a statement opposing the thrust of the get-out-the-vote campaign, saying: "Mobilize, yes, but not in the name of Islam.  In the name of justice, the economy, housing projects, misery, unemployment. But not in the name of Islam."

Some Scottish Religious Groups Want To Be Able To Perform Same-Sex Marriages

In Scotland yesterday, a coalition of faith groups (United Reformed Church, the Quakers, Buddhists and the Pagan Federation) calling themselves Faith in Marriage launched a campaign to end the ban on religious groups performing same-sex marriages.  Gay Star News reports that the group released an open letter to members of the Scottish Parliament asking them to change the law. A few days earlier, an anti-gay Christian group calling itself Scotland for Marriage announced that it would deliver leaflets to 300,000 homes in Glasgow warning of the dangers of same-sex marriage.

Most Prisoners Receiving Kosher Food Are Not Jewish

The Forward today has an article exploring the large number of non-Jewish prisoners who are receiving kosher food in confinement. Estimates are that only 4,000 of the 24,000 inmates receiving kosher food in U.S. prisons are Jewish. Some of the other 20,000 are still religiously motivated, such as messianic Jews or Black Hebrew Israelites.  But according to the report, others have less sincere reasons:

Kosher food is a hot commodity in prisons for a number of reasons. Some prisoners simply think it tastes better; many others believe it is safer than standard-issue prison fare, according to prison chaplains and advocates. Kosher food also often comes prepackaged, making it easy to trade or sell among inmates.

In California, kosher food costs the prison $8 per day, as opposed to $3 per day for other meals.

Muslim Women Object To "Honor Killings" Conference Held By Anti-Muslim Activists

The Detroit Free Press reported that Muslim women in the Detroit area object to a conference held yesterday in Dearborn (MI) by anti-Muslim activists. The conference was organized by Pamela Geller. Called the "Jessica Mokdad Human Rights Conference on Honor Killings", the conference is named after a 20-year old Muslim woman who was killed by her stepfather last year. Prosecutors, who have charged the stepfather with first degree murder, say the killing was an attempt by the stepfather to prevent Mokdad from going public with the fact that her stepfather had been sexually abusing her. They say it had no cultural or religious element to it.  Several Arab-American groups organized a counter-conference nearby in Detroit yesterday, calling the counter-event "Rejecting Islamophobia: A Community Stand Against Hate."

White House Issues Agency Guidance For Faith-Based Partnerships

Last Friday, the White House issued the Recommendations of the Interagency Working Group on Faith-Based and Other Neighborhood Partnerships (full text) which provides federal agencies with guidance on carrying out Executive Order 13559 (Nov. 17, 2010)-- the executive order that adopted a number of recommendations of the President's faith-based task force. (See prior posting.) According to a posting on the White House website by Melissa Rogers, chair of the President's first faith-based Advisory Council, the new report gives agencies guidance on monitoring to avoid excessive government entanglement with religion; assuring that grants are made on the basis of merit and not because of religious affiliation; assuring that beneficiaries of federally funded social services have the option of a nonreligious provider; separating explicitly religious activities from programs that receive federal support, and transparency requirements. The guidance also covers special obligations of intermediaries that disburse federal aid; and training government employees and grant recipients on church-state rules. Blog From the Capital reports further on the new recommendations.

ACLU Questions Restrictive Covenants In Deed From Church To Town

According to Sunday's Boston Globe, the Wellesley (MA) Board of Selectmen has signed an agreement to purchase a Catholic Church site for the town in a contract that has drawn the attention of the Massachusetts ACLU. The town plans to use the land for a recreation center if the purchase is approved by a Town Meeting.  At issue, though, are religiously motivated restrictions that will be included in the deed that will prevent the town, for 90 years, from using the property as an embryonic stem cell research facility; as a facility where abortions, assisted suicide, or euthanasia would occur; as a professional counseling facility where abortion, assisted suicide, or euthanasia are advocated. Restrictions will also prevent the land from being used for a house of religious worship or for a school other than a public elementary, middle or high school. The archdiocese says these are all standard restrictions it includes in all property sales. An ACLU attorney says, however, that it is concerned that the arrangement allows a religious entity to control what the public can do in the future with property based on religious concerns.

Recent Articles of Interest

From SSRN:

• Caroline Mala Corbin, Expanding the Bob Jones Compromise, (Matters of Faith: Religious Experiences and Legal Responses in the United States, Austin Sarat, ed., Cambridge University Press, Forthcoming).
• Wilson Ray Huhn, The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking, (April 22, 2012).

From SmartCILP and elsewhere:

• Robert Audi, Natural Reason, Religious Conviction, and the Justification of Coercion in Democratic Societies, [Abstract], 4 Journal of Law, Philosophy & Culture. 1-28 (2009).
• Susanna Frederick Fischer, Catholic Social Teaching, the Rule of Law, and Copyright Protection, 4 Journal of Law, Philosophy & Culture 63-72 (2009).
• Haider Ala Hamoudi, Judicial Review of Islamic Law Under Iraq's Constitution, Jurist, April 2012.

Popular Egyptian Actor-Comedian Sentenced To 3 Months For Insulting Islam

AP reported Friday that an Egyptian court has sentenced a popular Egyptian film actor and comedian to 3 months in jail and a fine equivalent to $170 for insulting Islam in roles he played in some of his most popular movies.  Adel Imam was found guilty on the basis of his roles in "The Terrorist", "Terrorism and Kabab", and "Morgan Ahmad Morgan." The case against Imam is one of several brought by conservative lawyers in recent months against those they believe have offended Islam.

Recent Prisoner Free Exercise Cases

In McCoy v. Henderson, 2012 U.S. Dist. LEXIS 56101 (D KA, April 23, 2012), a Kansas federal district court dismissed (with leave to amend) an inmate's claim that he was denied a kosher diet. The inmate had purchased non-kosher food from the commissary.

In Allah v. Mac Sim Butler Detention Facility, 2012 U.S. Dist. LEXIS 56808 (MD AL, April 24, 2012), an Alabama federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 57262, March 27, 2012) and dismissed prior to the service of process claims by an inmate that his Bible was taken from him when he transferred institutions. The court also dismissed 8th and 14th Amendment claims based on denial to him of a vegetarian diet.

Muslim Court Employee's Claims Dismissed

In Huri v. Circuit Court, 2012 U.S. Dist. LEXIS 57961 (ND IL, April 25, 2012), an Illinois federal district court dismissed Title VII, free exercise, establishment clause and equal protection claims by a Muslim woman who worked as a Child Care Attendant in the Children's Advocacy Rooms of the Circuit Court of Cook County. Plaintiff, who wore a headscarf for religious reasons, alleged that her supervisor referred to himself an others as good Christians, that she was once involuntarily drawn into a Christian prayer circle conducted by her supervisor, and that she has been subjected to discriminatory treatment and a hostile work environment.

Simulating Legal Process Conviction Upheld

In Runningwolf v. State of Texas, (Ct. Crim. App., March 7, 2012), in an 8-1 decision, Texas' highest appeals court for criminal cases upheld the conviction of defendant for simulating legal process. Appellant had prepared a 10-page long document titled "Non-Statutory Abatement" directing Helen Jean Coleman to submit a child custody dispute to the authority of the ecclesiastic court sitting in Floydada, Texas. A state court had removed the child from her grandmother's home and awarded custody to Coleman, the child's great aunt.

Jury Awards Damages To Lesbian Employee Forced To Attend Religious Services That Condemned Her Sexual Orientation

In Mirella Salemi v. Gloria’s Tribeca, Inc., a New York state trial court jury awarded $400,000 in compensatory damages and $1.2 million in punitive damages to plaintiff who was a chef and manager of a restaurant and was constructively discharged.  According to a press release yesterday from plaintiff's attorneys, when restaurant owner Edward Globakar converted to Pentecostal Evangelical Christianity in 2004, he began closing the restaurant every Wednesday afternoon and forcing employees, including plaintiff who was a Catholic and a lesbian, to attend a prayer service which included condemnation of homosexuality. Also Globakar used slurs against homosexuals regularly at work, and  told plaintiff  to become more effeminate, marry a man and have children, or else she would go to hell.

Church Held Liable For Negligent Supervision of Youth Minister In Traffic Accident

The Louisville Courier-Journal reports that a Kentucky state trial court jury on Thursday found that Open Door Christian Center was negligent in supervising its former youth minister, Derek Coulter, and awarded damages against both the church and Coulter.  Thirteen-year old Jamie Mitchell was killed in an auto accident in which Coulter allowed the boy to drive after a campout that included ten members of the church youth group.  The church argued that the accident occurred on Coulter's day off on a campout that was not an official church trip, and that in any event it could not have foreseen that Coulter would let a youth drive.  However plaintiffs argued that the church should have known that Coulter had allowed at least eight youths to drive or steer his vehicle. The verdict included a $1 million wrongful death award against the church, which will be reduced by 20% because of Mitchell's contributory negligence. It also includes $150,000 to Mitchell's now divorced parents for loss of consortium, as well as $1 million assessed against Coulter personally for outrageous conduct. [Thanks to Joshua Denton for the lead.]

Taco Bell Franchisee Settles EEOC Suit On Religious Accommodation of Nazirite Employee

The EEOC announced yesterday that Family Foods, Inc., a North Carolina corporation that operates a chain  of Taco Bell restaurants has settled an EEOC lawsuit that had been brought against it charging that the company failed to accommodate the religious needs of a Nazirite employee whose religious beliefs prohibited him from cutting his hair. After Christopher Abbey worked at the restaurant for six years, the company informed him he could no longer work for the company unless he cut his hair to comply with its grooming policy. In the settlement, the company agreed to pay $27,000 in damages, adopt a formal religious accommodation policy, post a copy of its policy and conduct annual training on Title VII.

Sebelius Questioned On Constitutional Basis For Contraceptive Coverage Mandate

Catholic News Agency reports on the testimony of Health and Human Services Secretary Kathleen Sebelius' April 26 testimony at a hearing before the Education and Workforce Committee of the House of Representatives. While the hearing was to focus on the HHS budget, South Carolina Rep. Trey Gowdy  questioned Sebelius about the constitutional basis for the controversial mandate under the Affordable Care Act requiring health insurance policies to cover contraceptive services. (Video of questioning.) Gowdy questioned Sebelius about the level of scrutiny to be applied to actions that infringe religious exercise and about specific Supreme Court precedents. Sebelius responded that she is not a constitutional lawyer and that she relied on discussions with her Department's lawyers in developing the mandate.

Secularist Group Sues Country Club For Canceling Its Dinner

Center for Inquiry- Michigan, a secularist group, has filed suit in a Michigan federal district court against the Wyndgate Country Club in Rochester Hills (MI) alleging discrimination on the basis of religion in violation of federal and state civil rights laws. M Live today reports that the lawsuit was prompted by the country club's cancellation of a 100 seat, $95 per person dinner scheduled for last October featuring noted atheist Richard Dawkins. According to the complaint in the lawsuit, club employees notified the Center for Inquiry that its event was cancelled because the country club owner, Larry Winget, "does not wish to associate with certain individuals or philosophies."

Parish's Property Held In Trust For Episcopal Church

In Convention of the Protestant Episcopal Church in the Diocese of Tennessee v. Rector, Wardens and Vestrymen of St. Andrew's Parish, (TN App., April 25, 2012), a Tennessee appeals court held that property of a break-away parish, under the Episcopal Church's Dennis Canon as well as the Diocese's own governance documents, was held in trust by by the congregation for the Diocese of Tennessee. Despite arguments to the contrary by defendants, the court held that: "There is nothing in the language of the relevant documents to indicate that the hierarchical organization of the church is not applicable to the control and ownership of real property." The court concluded:

St. Andrew’s argument that courts must look only to the deed ignores the holdings of Tennessee and other courts that application of neutral principles of law in intrachurch property disputes includes consideration of church governing documents, not just the document transferring the property.

Suit Withdrawn After Good News Club Gets To Distribute Flyers To Students

Alliance Defense Fund announced yesterday that it had filed a Notice of Dismissal (full text) in Child Evangelism Fellowship Phoenix v. Dysart Unified School District, (D AZ, dismissal filed 4/26/ 2012).  Plaintiffs had filed suit in January (full text of complaint) challenging a school policy that allowed nonprofit organizations and community groups to distribute flyers in the schools, but excluding flyers "of a commercial, political or religious nature." According to the Notice of Dismissal:

7. Shortly after Plaintiffs filed their Complaint, the District approved the Plaintiffs’ requests to distribute Good News Club flyers at West Point Elementary and at another elementary school within the District where Plaintiffs were starting a Good News Club.

8. In addition, the District agreed to, and did on April 4, 2012, change Policies K-0900 and K-2300 so that they no longer expressly discriminate against religious speech and speakers, but instead grants them equal access to the District’s literature distribution forum.

U.S. Envoy Protests Anti-Semitism In Swedish City

The Forward reported yesterday that Hannah Rosenthal, the United States special envoy to monitor and combat anti-Semitism, held a meeting earlier this week with Ilmar Reepalu, mayor of the Swedish city of Malmo, to call attention to the anti-Semitism rampant in the city and the city's lack of adequate response to it. Malmö’s only rabbi, Shneur Kesselman, has been the victim of more than 50 anti-Semitic incidents during his 8 years serving the 760 members of the city's Jewish community. The anti-Semitism comes mainly from Muslims and anti-Israel activists in the city. Malmo has 45,000 Muslims, most of whom live n the eastern part of the city where the unemployment rate is 80%. The mayor has angered the city's Jewish community by saying it bears responsibility for the anti-Semitic attacks because it has not condemned Israeli treatment of Palestinians.

Pennsylvania Supreme Court Invalidates Broader Tax Exemptions For Religious Institutions

In Misivtah Eitz Chaim of Bobov v. Pike County Board of Assessment Appeals, (PA Sup. Ct., April 25, 2012), in a 4-3 decision, the Pennsylvania Supreme Court held that Act 55, a statute passed by the state legislature in 1997 in an attempt to expand the non-profit institutions entitled to real property tax exemptions violates the Pennsylvania constitution. At issue in the case was a tax exemption for a Jewish summer camp. The state constitution limits property tax exemptions to institutions of "purely public charity." Pa. Const. art. VIII, § 2(a)(v). The Pennsylvania Supreme Court in a 1985 case (Hospital Utilization Project v. Commonwealth) defined those institutions, holding that they must meet 5 criteria. One of those is that they must relieve the government of some of its burden. The legislature subsequently enacted Act 55 which defined relieving the government of some of its burden broadly. Included was any institution that "Advances or promotes religion and is owned and operated by a corporation or other entity as a religious ministry and otherwise satisfies the criteria" for a purely public charity. The majority held that this expansion goes beyond the definition set out in the Hospital Utilization Project case, and that Act 55 "cannot excuse the constitutional minimum."

The 3 dissenters in an opinion by Justice Saylor argued that the Court should give more deference to the legislature in interpreting the constitutional provision at issue. He wrote in part:

I would uphold the General Assembly’s reasonable policy determination that Act 55, with its broader definition of the ways in which an institution can demonstrate that it relieves the government of some of its burden ... serves to advance the morals and ethics of society....

[Thanks to Steven H. Sholk for the lead.]