Suit Against State Judge For Denying Easter Visit Is Dismissed

In Todd v. Ichikawa, 2012 U.S. Dist. LEXIS 82998 (ED CA, June 13, 2012), a California federal magistrate judge recommended dismissing, on the grounds of absolute judicial immunity from damages, an action claiming that a state court judge violated the free exercise clause in denying a father's application for a child visitation order. Derek Todd was permitted to visit his son only at the discretion of the mother and son. Todd sought a court order allowing him time with his son over Easter. He claimed that his religious practices for Easter consist of attending church, spending time with family, and searching for Easter eggs around the house. State Superior Court Judge Gary Ichikawa denied an ex parte hearing on Todd's application. The federal district court also held that insofar as Todd is seeking prospective inunctive relief, "it would be inappropriate for a federal court to interfere in this family law matter pending in state court."

Recent Prisoner Free Exercise Cases

In Knapp v. Kench, 2012 U.S. Dist. LEXIS 79112 (D NH, June 6, 2012), a New Hampshire federal district court accepted a magistrate's recommendations (2012 U.S. Dist. LEXIS 78981, May 14, 2012) and allowed a Muslim inmate who complained about the lack of Jum'ah services to move ahead with with his 1st Amendment and RLUIPA claims, but dismissed plaintiff's equal protection claim and his official capacity damage claims, while refusing to rule at this stage on whether an individual capacity damage claim lies under RLUIPA.

In Edwards v. Cornelius, 2012 U.S. Dist. LEXIS 79587 (MD FL, June 8, 2012), a Florida federal district court dismissed, with leave to amend as to some defendants, a Rastafarian inmate's claims regarding the vegan diet he received as a pre-trial detainee.

In Vandyke v. S.W.V.R.J., 2012 U.S. Dist. LEXIS 81299 (WD VA, June 12, 2012), a Virginia federal district court dismissed an inmate's 1st Amendment and equal protection challenges to jail officials' refusal to permit him to attend Christian worship services with other inmates while he was being held in protective custody. It also rejected his claim regarding religious materials supposedly taken from his Bible.

In Riley v. Brown, 2012 U.S. Dist. LEXIS 81408 (WD LA, June 12, 2012), a Louisiana federal district court accepted a magistrate's recommendations (2012 U.S. Dist. LEXIS 81409, April 26, 2012) and dismissed claims by a Muslim plaintiff claim that his tights under the 1st Amendment and RLUIPA were violated when the warden refused to permit him to keep a prayer rug he had received by mail.

In three related cases,a Texas federal district court  and dismissed a Muslim inmates complaints against various defendants about interference or denial of prayer services and denial of a special holy day meal. The dismissals were on a number of grounds, including immunity, failure to exhaust, and failure to state a claim on which relief can be granted. The cases are  Lemons v. Texas Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82127 (ND TX, June 13, 2012) adopting a magistrate's recommendations (2012 U.S. Dist. LEXIS 81786, May 17, 2012);  Saddler v. Texas Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82128 (ND TX, June 13, 2012), adopting a magistrate's recommendations (2012 U.S. Dist. LEXIS 81790, May 17, 2012) and Brown v. Texas Department of Criminal Justice. Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82086 (ND TX, June 13, 2012), adopting a magistrate's recommendations (2012 U.S. Dist. LEXIS 81782, May 17, 2012).

In State v. Kennedy, (TN Ct. Crim. App., June 12, 2012), a Tennessee state appeals court upheld the constitutionality of a condition of lifetime community supervision that had been imposed on defendant, a sex offender, even though the condition, among other things, limited his ability to attend church.

In Sims v. Wegman, 2012 U.S. Dist. LEXIS 82813 (ED CA, June 13, 2012), a California federal magistrate judge allowed a Nation of Islam inmate to proceed with his free exercise and RLUIPA claims. Plaintiff contended that he was denied access to a kosher diet, the only religious diet offered that conformed with his religious beliefs.

In Palermo v. Van Wickler, 2012 U.S. Dist. LEXIS 82476 (D NH, June 13, 2012), a New Hampshire federal magistrate judge allowed a pre-trial detainee who is a member of the Asatru religion to proceed with his claims that he has been denied access to a religious diet, group worship with an Asatrú clergyperson, religious items, and religious literature.

Appeals Court Upholds Missouri Ballot Language On Proposed Religious Freedom Amendment

In Coburn v. Mayer, (MO Ct. App., June 13, 2012), a Missouri state appeals court upheld the sufficiency of the ballot language describing a lengthy proposed state constitutional amendment on religious freedom that is slated to appear on the August 7 primary ballot. The ballot language set by the state legislature for the measure is:

Shall the Missouri Constitution be amended to ensure:

• That the right of Missouri citizens to express their religious beliefs shall not be infringed;

• That school children have the right to pray and acknowledge God voluntarily in their schools; and

• That all public schools shall display the Bill of Rights of the United States Constitution.

It is estimated this proposal will result in little or no costs or savings for state and local governmental entities.

Missouri law (Sec. 116.155) requires that the legislature's ballot language be limited to 50 words and "be a true and impartial statement of the purposes of the proposed measure in language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure." The court rejected challengers' arguments that the language promises changes that are not in the measure, and is misleading because it fails to indicate it would reduce prisoners' rights and fails to mention it would allow students to refrain from participating in assignments or educational presentations. (See prior related posting.)

4th Circuit Upholds Sentencing Judge's Comments In Church Robbery Case

In Deyton v. Keller, (4th Cir., June 15, 2012), the U.S. 4th Circuit Court of Appeals denied a habeas corpus petition from 3 robbers who were sentenced to ten consecutive 64 to 86 month terms for their armed robbery of a church during Sunday services.  Petitioners unsuccessfully claimed that the judge's remarks during sentencing impermissibly referenced religious beliefs. The sentencing judge, after referring to victim impact statements, had told defendants:

you didn’t just steal money from people. You took God’s money. You took the Lord’s money and those of us that believe that there is an Almighty and that there is a being that created this world to go in and then steal money that is being tendered by people for the furtherance of an earthly kingdom is just outrageous. . . .

In denying habeas relief, the 4th Circuit said:

The disruption of worship services has an especial effect on the community that it was appropriate for a sentencing judge to take into account.... Indeed the law must protect places that demand special tranquility so that our fellow citizens can exercise their constitutional rights free from fear. Religious services are particularly intimate moments regardless of the faith being observed.... Much as we afford the home a particular sanctity...,  houses of worship must be refuges for those seeking guidance, peace, comfort, and religious fellowship without fear of criminal intimidation. 

Anti-Gay Evangelical Talk-Show Host Profiled

The current issue of the New Yorker carries a long feature article titled Bully Pulpit: An Evangelist Talk-Show Host’s Campaign to Control the Republican Party.  The article profiles Bryan Fischer, the Tupelo, Mississippi based host of the Christian radio show "Focal Point." The program is broadcast on 200 stations of the American Family Association radio network. The article's author Jane Mayer writes of Fischer:

He is one of the country’s most vocal opponents of what he calls “the homosexual-rights movement.” As he puts it, “A rational culture that cares about its people will, in fact, discriminate against adultery, pedophilia, rape, bestiality, and, yes, homosexual behavior.” His goal is to make this view the official stance of the Republican Party.

It was Fischer who began the attacks that led to the resignation in April of openly-gay Richard Grenell as Mitt Romney's national security spokesman.

Fischer is also virulently anti-Muslim, believing that Muslims should be barred from immigrating to the U.S. and serving in the U.S. military. He argues that the U.S. was a Christian nation when the 1st Amendment was drafted, and so non-Christians should have no 1st Amendment free exercise rights.

Study Says Religious Organizations Get $71B In Tax Subsidies and Other Aid

A study published in the June/July issue of Free Inquiry magazine titled How Secular Humanists (and Everyone Else) Subsidize Religion in the United States estimates that federal, state and local governments, through tax deductions, exemptions and direct expenditures, subsidize religion in the United States in an amount equal to at least $71 billion per year. Yesterday's Washington Post reports on the study.

Christian Groups Protest Government's "Two-Class" Concept For Religious Organizations

Baptist Press reports on a June 11 letter to Health and Human Services Secretary Kathleen Sebelius from over 140 leaders of Christian churches, educational institutions and other Christian organizations protesting the "two-class concept of religious organizations" that has been created by attempts to accommodate faith-based objections to the Obama administration's mandate on contraceptive coverage in health insurance policies. (Full text of letter.)  The letter says in part:

[W]e are united in opposition to the creation in federal law of two classes of religious organizations:  churches—considered sufficiently focused inwardly to merit an exemption and thus full protection from the mandate; and faith-based service organizations—outwardly oriented and given a lesser degree of protection.  It is this two-class system that the administration has embedded in federal law via ... rules providing for an exemption from the mandate for a narrowly defined set of “religious employers” and ... a different "accommodation” for non-exempt religious organizations.

And yet both worship-oriented and service-oriented religious organizations are authentically and equally religious organizations.... We deny that it is within the jurisdiction of the federal government to define, in place of religious communities, what constitutes true religion and authentic ministry.... The scheme honors acts of worship while burdening those whose faith leads them to service in our common life.

The letter was organized by the Institutional Religious Freedom Alliance.

Egypt's Top Court Rules Parliament Illegally Elected In Blow To Muslim Brotherhood

In what the New York Times describes as "a frontal legal assault on the Muslim Brotherhood," Egypt's Supreme Constitutional Court today ruled that Egypt's new Parliament was improperly elected and must be dissolved immediately.  As explained by the Times:

The question at issue in the high court’s decision was the application of a rule setting aside two-thirds of the seats in Parliament for selection by a system of party lists, also known as proportional representation. The other third was reserved for individual candidates competing in winner-take-all races.

Other authorities had decided before the parliamentary election that parties could run their members under their banners as candidates for the individual seats as well as the party list seats, but the court ruled Thursday that the parties should not have been allowed to compete for those seats, and so the results were invalid.

The Muslim Brotherhood’s Freedom and Justice Party, as the largest and strongest, stands to lose the most from the ruling. As many as 100 of its 235 seats in the 508-member assembly were elected as individual candidates running under its banner. If it lost all of those seats, the Brotherhood would still control the largest bloc in the chamber, and together with the ultraconservative Salafi parties Islamists would still command a majority. But the Brotherhood’s leadership of the chamber would be much less decisive.

In a second decision, the Court upheld the candidacy of presidential contender Ahmed Shafik, who was Hosni Mubarak's last prime minister. It ruled unconstitutional a law that attempted to prevent former Mubarak government top officials from running for President.  Shafik is in a runoff with Muslim Brotherhood candidate Mohamed Morsi for the presidency.

Israel- Vatican Continue Negotiations On Status and Taxation of Church

Zenit reports that the Bilateral Permanent Working Commission between the Holy See and the State of Israel met in the Vatican on June 12 to discuss an agreement that has been under negotiation for the last 13 years. The agreement relates to the life, activity and tax status of the Catholic Church in Israel, but does not deal with Church properties in Jerusalem or the West Bank. A communique issued after the meeting stated: "The Parties have agreed on future steps and to hold the next plenary meeting on 6 December 2012 at the Israeli Ministry of Foreign Affairs."

Faith Groups Urge Congressional Passage of ENDA

On Tuesday, the U.S. Senate Committee on Health, Education, Labor & Pensions held a hearing on "Equality At Work: The Employment Non-Discrimination Act" (full text of witness statements and video of full hearing). The bill, S. 811, would bar employment discrimination on the basis of sexual orientation or gender identity.  In connection with the hearing, 37 faith groups released a letter they had sent to each member of the Committee urging passage of the bill, saying "we cannot tolerate arbitrary discrimination against millions of Americans just because of who they are." The letter, at the same time, emphasized that

ENDA broadly exempts from its scope any religious organization, thereby ensuring that religious institutions will not be compelled to violate the religious precepts on which they are founded, whether or not we may agree with those precepts. In so doing, ENDA respects the protections for religious institutions afforded by the First Amendment and Title VII of the Civil Rights Act of 1964....

Bishops Plan "Fortnight for Freedom"

Reuters reported yesterday that U.S. Catholic Bishops, at their national convention in Atlanta, have agreed to show a united front through a "Fortnight for Freedom". Some liberal Catholics have been concerned that the bishops' religious liberty campaign, sparked particularly by the Obama administration's mandate requiring contraceptive coverage in health care plans, has taken on too partisan a tone. A website created by the Bishops to make information about the Fortnight for Freedom available, includes the following description:

The fourteen days from June 21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to July 4, Independence Day, are dedicated to this “fortnight for freedom”—a great hymn of prayer for our country. Our liturgical calendar celebrates a series of great martyrs who remained faithful in the face of persecution by political power—St. John Fisher and St. Thomas More, St. John the Baptist, SS. Peter and Paul, and the First Martyrs of the Church of Rome.  Culminating on Independence Day, this special period of prayer, study, catechesis, and public action will emphasize both our Christian and American heritage of liberty. Dioceses and parishes around the country have scheduled special events that support a great national campaign of teaching and witness for religious liberty.

The website also displays a "Prayer for the Protection of Religious Liberty" which reads in part as follows:

... Give us the strength of mind and heart to readily defend our freedoms when they are threatened; give us courage in making our voices heard on behalf of the rights of your Church and the freedom of conscience of all people of faith.

Grant, we pray, O heavenly Father, a clear and united voice to all your sons and daughters gathered in your Church in this decisive hour in the history of our nation, so that, with every trial withstood and every danger overcome— for the sake of our children, our grandchildren, and all who come after us— this great land will always be "one nation, under God, indivisible, with liberty and justice for all."...

EEOC Sues Company For Religious Discrimination In Hiring

The EEOC announced Tuesday that it had filed a lawsuit in federal district court in Oklahoma charging a Nebraska-based lighting products supplier with violating Title VII of the 1964 Civil Rights Act by refusing to hire an applicant at its Tulsa (OK) location because of his religious beliefs.  According to the release:

... Voss Lighting, advertised a vacancy for an “operations supervisor”  position through the website of the First Baptist Church of Broken Arrow, the  church attended by the incumbent manager.  Although he did not himself attend the church,  Edward Wolfe, who had prior management experience, learned about the vacancy  and applied for the position.  The Voss manager  met with Wolfe and recommended him to the branch manager for an interview.  Throughout the application process, both managers  made numerous inquiries, both subtle and overt, into Wolfe’s religious  activities and beliefs.  They asked Wolfe  to identify every church he has attended over the past several years; where and  when he was “saved” and the circumstances that led up to it; and whether he  “would have a problem” coming into work early to attend Bible study before clocking in.

ICANN Releases New gTLD Applications; Some Have Religious Connections [CORRECTED]

Among followers of the Internet, today is known as "New gTLD Reveal Day". In what will be the largest expansion ever of the Internet Domain Name System, the Internet Corporation for Assigned Names and Numbers (ICANN) published a list of who has applied for which new generic Top-Level Domain (gTLD) names. (Press release.) The full list discloses 1,930 applications.  Several organizations have applied for gTLD's that have, or may have, a religious connection or connotation. These faith-related domain names (along with the applicants) are:

• BIBLE (American Bible Society)
• CATHOLIC (Pontifical Council for Social Communication)
• CBN (Christian Broadcasting Network)
• CHRISTMAS (Uniregistry Corp.)
• CHURCH (Life Covenant Church and Holly Fields)
• FAITH (dot Faith Limited)
• HALAL (Asia Green IT System Bilgisayar San. ve Tic. Ltd. Sti.)
• ISLAM (Asia Green IT System Bilgisayar San. ve Tic. Ltd. Sti.)
• ISMAILI (Aga Khan Foundation)
• KOSHER (Kosher Marketing Assets LLC)
• MORMON (IRI Domain Management, LLC)
• YOGA (Victor Falls, LLC; Top Level Domain Holdings Limited; Uniregistry, Corp.)
• كاثوليك (Pontifical Council for Social Communication)
• 天主教 (Pontifical Council for Social Communication)

[CORRECTED-- an earlier version of this posting misread one of the application names. As misread, it could have been seen as controversial or derogatory. As correctly read, it has no connection to a religious topic.]

ICANN's Senior Vice President Kurt Pritz said:

A 60-day comment period begins today, allowing anyone in the world to submit comments on any application, and the evaluation panels will consider them," said Pritz. "If anyone objects to an application and believes they have the grounds to do so, they can file a formal objection to the application. And they will have seven months to do that."

Here it the page from wich public comments may be submitted.  ICANN has also posted instructions for those who wish to file formal objections.

UPDATE: Mashable reports further on religious gTLD applications, pointing out another relevant application as well: LDS (for Latter Day Saints) sought by IRI Domain Management, LLC.

UPDATE2: IMAMAT should also be added to the list of gTLD applications involving religious references. [Thanks to comment from Shahram Soboutipour.]

North Dakota Voters Defeat Religious Freedom Restoration Amendment

Voters in North Dakota yesterday soundly defeated Initiated Constitutional Measure No. 3 that would have placed a broad version of state religious freedom restoration laws in the state's constitution.  With all votes counted, the results were 107,680 (64.04%) No; and 60,465 (35.96%) Yes. (Official results).

The proposed constitutional amendment provided:

Government may not burden a person’s or religious organization’s religious liberty. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be burdened unless the government proves it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A burden includes indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.

As reported by the Dickinson (ND) Press, opponents of the measure argued that the amendment was vaguely worded, unnecessary, and might allow freedom of religion to be used as a defense in criminal cases.

Georgia Denies KKK's Application To "Adopt-A-Highway"

The Atlanta Journal Constitution reports that Georgia's Department of Transportation yesterday denied the application of the International Keystone Knights of the Ku Klux Klan to participate in the Department’s Adopt A Highway program. (Full text of DOT statement.) As reported Monday by the Atlanta Journal Constitution, the KKK wanted to adopt a one-mile stretch of highway in the Appalachian Mountains near the North Carolina border. Under the program a group agrees to pick up litter from the road at least 4 times per year, and is recognized by a sign placed  near the area for which the group is responsible.  Opponents say the Klan is trying to use the state program to rebrand its image.  In its statement on the refusal of the application, the DOT said:

Maintaining the safety of our roadways is this Department’s foremost mission.  Encountering signage and members of the KKK along a roadway would create a definite distraction to motorists.  Also, the section of roadway requested is ineligible for adoption due to its posted speed limit exceeding the program maximum of 55 mph.  

Further, promoting an organization with a history of inciting civil disturbance and social unrest would present a grave concern to the Department.

RLUIPA Injunction Claim Survives In Suit Over Building Permit For Private Chapel

In Anselmo v. County of Shasta, California, (ED CA, June 7, 2012), the devout Roman Catholic owner of a ranch and winery challenged the County of Shasta for its refusal to allow him to build a private chapel on his land. The county claimed that the building was inconsistent with the agricultural use zoning on the property, with the Williamson Act contract on it, and claimed that it was subject to the requirements of the Americans With Disabilities Act. A California federal district court permitted plaintiff to proceed with claims for an injunction against enforcement of a portion of the county building code and its zoning laws under the "substantial burden" provisions of the Religious Land Use and Institutionalized Persons Act.  However, it dismissed plaintiff's free exercise and due process claims, his RLUIPA "equal terms" claim, and his RLUIPA claim insofar as it related to county enforcement of the Americans With Disabilities Act against the chapel. The court also found that an individual defendant (a county official) had qualified immunity as to a claim for money damages under RLUIPA's substantial burden provision.

China Publishes Plan To Uphold Religious Freedom and Aid Religious Groups

Xinhua reports today that China's State Council Information Office has published the National Human Rights Action Plan of China (2012-2015).  The Plan, which  deals with a broad range of human rights, proclaims as to freedom of religious belief:

China upholds the principle of freedom of religious belief stipulated in the Constitution and strictly implements the Regulations on Religious Affairs to guarantee citizens' freedom of religious belief.

-- Protecting citizens from being forced to believe in or not to believe in any religion, and from discrimination due to religious belief.

-- Protecting normal religious activities according to law.

The Plan also promises financial support for a number of Buddhist and Islamic religious projects, im;oementing social security for religious staffs and improving the organization and management of services to Hajj pilgrims.  The Plan also calls for promotion of cultural exchanges between Chinese and foreign religious organizations.

Cert. Denied In Case On Student Distribution of Religious Material

The U.S. Supreme Court yesterday denied certiorari in Morgan v. Swanson (Docket No. 11-804) and the cross appeal in the same case, Swanson v. Morgan (Docket No. 11-941). (Order List, 5/11/2012). In the case, in 8 separate opinions, a majority of the U.S. 5th Circuit Court of Appeals, sitting en banc, held (see prior posting) that because the law was not clearly established,  Plano, Texas school principals had qualified immunity in a lawsuit charging them with restricting elementary school students' distribution of religious literature to other students. A separate majority of the court held, however, that the principals' actions were unconstitutional. Education Week reports on the Supreme Court's denial of review, noting that the 5th Circuit's decision applied to only two of several incidents in the schools that were challenged-- one of which involved the attempted distribution of candy cane ink pens with a religious message attached.

State Trial Court Rejects Challenge To Pledge of Allegiance In Schools

In Doe v. Acton-Boxborough Regional School District, (MA Super. Ct., June 5, 2012), a Massachusetts trial court rejected a state constitutional challenge to the recitation of the Pledge of Allegiance, including the phrase "under God", in Massachusetts schools at the beginning of each school day. No student is required to take part in the recitation. Plaintiffs claimed, however, that the phrase "under God" is a "religious truth" that contradicts their own atheist-humanist beliefs, and that daily recitation of the pledge discriminates against them by marginalizing them and classifying them as unpatriotic. The court held that the insertion of the phrase "under God" was a reference to the historical and religious traditions of the United States and did not turn the Pledge into a religious exercise nor violate anti-discrimination requirements. The Becket Fund issued a press release announcing the decision. In a press release yesterday, the American Humanist Association says that plaintiffs will appeal the decision.

Buddhist-Muslim Violence Rages In Myanmar

Reuters reports today on Buddhist-Muslim violence that broke out over the weekend in the state of Rakhine in Myanmar (Burma). At least 8 people have been killed as rival Buddhist and Muslim mobs torch large numbers of houses.  The fighting, which has spread to Sittwe (the capital of the state), reflects decades-long tensions between the majority Buddhist population and the long persecuted Rohingya Muslim minority.  The government regards the 800,000 Rohingya as illegal immigrants from neighboring Bangladesh and refuses to grant them citizenship, while the Rohingya claim they have been in Rakhine for centuries and want full citizenship. As democratic reforms have moved ahead under President Thein Sein, some Burmese in recent days have used their liberalized access to the Internet to express their anti-Rohingya feelings on social media sites (particularly on Twitter). The current violence was apparently triggered by the gang rape and murder of a Buddhist woman a week ago which was blamed on Muslims and killing by a Buddhist mob of 10 Muslims in return. Troops have been sent to the region and curfews are being imposed.