Restaurant's "Praying In Public" Discount Raises Questions

Inquisitr and HLN reported yesterday on a Winston-Salem, North Carolina restaurant that offers a 15% "Praying in Public" discount.  Apparently Mary's Gourmet Diner awards the discount to diners when a member of the wait staff sees them pray over their food. The story has gone viral, and some raise the question of whether the practice violates the religious discrimination provisions of the 1964 Civil Rights Act.

UPDATE: CBS Charlotte reported on Aug. 7 that the diner has stopped its discount program after the Freedom From Religion Foundation threatened to sue.

Court Upholds New Jersey's Reparative Therapy Ban For Second Time

 In Doe v. Christie, (D NJ, July 31, 2014), a New Jersey federal district court for the second time (see prior posting) rejected constitutional challenges to New Jersey's law barring mental health professionals from treating minors using Sexual Orientation Change Efforts. This challenge was brought by parents seeking reparative therapy for their 15-year old son.  The court said in part:

A3371 does not implicate Plaintiffs’ free speech rights  because the statute (i) does not regulate speech, directly or indirectly, but rather only regulates a mental health procedure performed by licensed counselors or therapists, and (ii) does not prevent the receipt of information regarding SOCE outside  the counseling or therapy setting. Accordingly, Plaintiffs’ claim that the statute violates their right to receive information is  without merit.....

The court also rejected free exercise and parental rights challenges to the law. NBC10 reports on the decision.

Meanwhile, as reported by BuzzFeed yesterday, 9 former leaders of the ex-gay movement signed a letter stating that conversion therapy is both ineffective and harmful.

Congress Passes Two Bills On International Religious Freedom

On Tuesday, Congress sent S.653, the Near East and South Central Asia Religious Freedom Act of 2014, to the President for his signature.  The bill provides that  the President may appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. (Legislative history.)

On Tuesday the Senate gave final passage to H.R. 4028. (Legislative history). The bill amends Sec. 2(a)(4) of the International Religious Freedom Act to add desecration of cemeteries to the list of violations of religious freedom that Congress finds of concern.

Faith Leaders Arrested In Anti-Deportation Demonstration At White House

Huffington Post reports that yesterday over 100 faith leaders and immigration activists were arrested and charged with blocking passage after they refused to disperse from the sidewalk in front of the White House where they were protesting the daily deportations of undocumented immigrants. The protest began a series of anti-deportation events in Washington, DC, culminating in a march and rally on Saturday.

Vatican Orders Removal of Abusive Priest Who Had Continued Career In Paraguay

In a move against the practice of sending priests accused of abuse to other countries, on July 14 the Vatican ordered the diocese of Ciudad del Este in Paraguay to remove Carlos Urrutigoity from his position as vicar general of the diocese.  According to an RNS report yesterday, in 2002, Urrutigoity and another priest were suspended by the Bishop of the Diocese of Scranton, Pennsylvania after being accused of sexually molesting students at a Catholic school there.  The diocese settled a lawsuit in the case for over $400,000. Urrutigoity however was transferred to Canada and then to Paraguay. Earlier this year, Scranton Bishop Joseph C. Bambera publicly complained about Urrutigoity’s career advancement in the Church in Paraguay. The Vatican sent a cardinal and archbishop to Paraguay from July 21-26 to investigate further. They ordered Paraguayan Bishop Rogelio Ricardo Livieres Plano to stop ordaining priests.

North Carolina Can Distribute School Voucher Funds Ahead of Hearing Challenging the Program

A state trial court judge in North Carolina has refused to issue an injunction to prevent the State Educational Assistance Authority from distributing $10 million under a state school voucher plan while a challenge to it is pending. The 2400 students who will receive funds from the oversubscribed program were chosen by a lottery. According to the Raleigh News & Observer, the state moved up by a month the date for distributing funds under the Opportunity Scholarship program to beat any ruling by the court.  The distribution is scheduled for Aug. 15, while a hearing on the challenge to the voucher law is set for Aug. 19.  In February, the trial court had issued a temporary injunction to prevent the voucher program from taking effect while the challenge was being litigated. The state Supreme Court in May stayed the trial court's temporary injunction to permit the lottery to move ahead.  At that time, however, the trial court hearing on the challenge was scheduled to take place before the actual distribution date for funds. (See prior posting.)

Even Congratulating The Pope Has Fallen Victim To Politics

The Hill reported yesterday that the seemingly routine H. Res. 440, a House Resolution that would congratulate Pope Francis on his election last March and recognize his inspirational statements and actions, has fallen victim to politics. The Resolution has not emerged from the House Foreign Affairs Committee, and only 19 of its 221 co-sponsors are Republicans. Apparently at least some Republicans see the Pope as too liberal.  The Resolution was intended to reinforce House Speaker John Boehner's invitation to the Pope to address a joint session of Congress. (See prior posting.) The Pope plans to visit the United States in September 2015. (See prior posting.)

California Appeals Court Upholds Dismissal of Police Officer's Religious Discrimination Claim

In Longmire v. City of Oakland, (CA App., July 28, 2014), a California appellate court upheld a trial court's dismissal of a religious discrimination suit filed by a police sergeant who claimed that an 8-day suspension imposed on him was based on his superior's perception that he was a Black Muslim. Plaintiff, Derwin Longmire, had been the center of a controversy over his handling of the investigation of the murder of a prominent African-American journalist who was allegedly killed because he was writing an unfavorable story about a Black Muslim bakery. Longmire was not disciplined for that investigation, but was for his handling of ten other cases. The appeals court held that Longmire failed to show that he was perceived to be a Black Muslim or that the reasons given for his suspension were pretextual. San Jose Mercury News reports on the decision.

State Department Updates List of "Countries of Particular Concern" Under International Religious Freedom Act

As previously reported, yesterday the State Department issued its 2013 International Religious Freedom Report. Somewhat buried in the announcement and Secretary Kerry's remarks was the revelation that the State Department at the same time updated its list of "Countries of Particular Concern" (CPC).  The countries on the revised list are Burma, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Turkmenistan, and Uzbekistan.  All of these except for Turkmenistan had been on last year's list.

The 1968 International Religious Freedom Act, Sec. 402(b), calls for the President to make CPC designations annually for countries that have "engaged in or tolerated particularly severe violations of religious freedom." The Act also calls for the President to take various actions against such countries.  Secretary Kerry yesterday, in announcing the list, said:

I want to emphasize: This effort isn’t about naming countries to lists in order to make us feel somehow that we’ve spoken the truth. I want our CPC designations to be grounded in plans, action that help to change the reality on the ground and actually help people. That’s why we are committed to working with governments as partners to help them ensure full respect for the human rights of all of their citizens.

In a press release today, the U.S. Commission on International Religious Freedom commended the State Department for making its CPC designations at the same time that it released its International Religious Freedom Report-- something that the Department has not always done. USCIRF also welcomed the addition of Turkmenistan to the list, noting that it had recommended the designation since 2004. The press release did not mention that USCIRF this year also recommended seven other countries-- Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan and Vietnam-- should receive a similar designation. (See prior posting.)

2nd Circuit: Cross At Ground Zero Can Stay In Museum

In American Atheists, Inc. v. Port Authority of New York and New Jersey, (2d Cir., July 28, 2014), the U.S. 2nd Circuit Court of Appeals rejected a challenge by American Atheists to the display in the National September 11 Museum of the 17-foot high "Cross at Ground Zero"-- steel beams in the shape of a cross retrieved from the World Trade Center debris after 9-11. The court summarized its holding as follows:

1. Displaying The Cross at Ground Zero in the National September 11 Museum does not violate the Establishment Clause because:

a. the stated purpose of displaying The Cross at Ground Zero to tell the story of how some people used faith to cope with the tragedy is genuine, and an objective observer would understand the purpose of the display to be secular;

b.   an objective observer would not view the display as endorsing religion generally, or Christianity specifically, because it is part of an exhibit entitled “Finding Meaning at Ground Zero”; the exhibit includes various nonreligious as well as religious artifacts that people at Ground Zero used for solace; and the textual displays accompanying the cross communicate its historical significance within this larger context; and

c.   there is no evidence that the static display of this genuine historic artifact excessively entangles the government with religion.

2. In the absence of any Establishment Clause violation or any evidence of discriminatory animus toward atheists, the Museum did not deny equal protection by displaying The Cross at Ground Zero and refusing plaintiffs’ request to fund an accompanying symbol commemorating atheists.

CNN reported on the decision.

Satanic Temple Says Its Followers Can Claim Exemption From Informed Consent Abortion Laws Under Hobby Lobby Principles

The Satanic Temple announced yesterday that it was launching a campaign against "informed consent" laws that require abortion providers to furnish women certain informational material when they seek an abortion.  Citing the Supreme Court's recent Hobby Lobby decision, the group argues that women can claim an religiously-based exemption from the informational requirements. It makes available through its website a letter that women may download and present to their physician asking for an exemption. The Temple says that it believes the body is subject to one's will alone, and that the informational statutes require biased and false information to be presented to discourage abortions. It explains:

the Supreme Court has decided that religious beliefs are so sacrosanct that they can even trump scientific fact. This was made clear when they allowed Hobby Lobby to claim certain contraceptives were abortifacients, when in fact they are not. Because of the respect the Court has given to religious beliefs, and the fact that our our beliefs are based on best available knowledge, we expect that our belief in the illegitimacy of state ­mandated ‘informational’ material is enough to exempt us, and those who hold our beliefs, from having to receive them.

Huffington Post has more details.

4th Circuit Invalidates Virginia's Same-Sex Marriage Ban

Continuing an unbroken string of victories for marriage equality proponents, the U.S. 4th Circuit Court of Appeals yesterday, in a 2-1 decision, struck down Virginia's ban on same-sex marriage. This is the second federal appeals court to rule on same-sex marriage bans.  In Bostic v. Schaefer, (4th Cir., July 28, 2014), the majority held:

the Virginia Marriage Laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the extent that they prevent same-sex couples from marrying and prohibit Virginia from recognizing same-sex couples’ lawful out-of-state marriages. 

The court added:

We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support, and security. The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.

As reported by the New York Times, the appeal to the 4th Circuit was carried forward by two court clerks after Virginia's attorney general refused to appeal the district court's decision striking down Virginia's bans. They are expected to seek a stay of the court's decision pending an en banc appeal or a petition for certiorari to the Supreme Court.

Court Permits Church To Move Ahead on RLUIPA Claims

In Church of Our Savior v. City of Jacksonville,(MD FL, July 18, 2014), a Florida federal district court permitted a church to move ahead with its claims that denial of a conditional use permit to build a church on property in a residential area violates various provisions of RLUIPA, and that the city's Land Development Code violates RLUIPA's equal terms provision by allowing secular assemblies in residentially-zoned areas without a conditional use permit. [Thanks to Daniel Dalton for the lead.]

International Religious Freedom Report for 2013 Released

The State Department today released its International Religious Freedom Report for 2013. The Report reviews the religious freedom records of nearly 200 countries. Secretary of State Kerry spoke extensively at the roll out of the Report. (Full text of remarks.) Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Tom Malinowski followed up and answered reporters' questions. (Full text.)

The Report's Executive Summary reads in part:

In 2013, the world witnessed the largest displacement of religious communities in recent memory. In almost every corner of the globe, millions of Christians, Muslims, Hindus, and others representing a range of faiths were forced from their homes on account of their religious beliefs. Out of fear or by force, entire neighborhoods are emptying of residents. Communities are disappearing from their traditional and historic homes and dispersing across the geographic map. In conflict zones, in particular, this mass displacement has become a pernicious norm.

Obama To Nominate Rabbi David Saperstein As Ambassador-At-Large For International Religious Freedom

The White House today announced President Obama's intention to nominate Rabbi David Saperstein to be Ambassador-at-Large for International Religious Freedom.  Here is Rabbi Saperstein's biography as set out in the White House press release:

Rabbi David Nathan Saperstein is Director and Counsel of the Religious Action Center of Reform Judaism, where he has served since 1974.  He is also an Adjunct Professor of Law at Georgetown University Law Center, where he teaches First Amendment Church-State Law and Jewish Law.  Rabbi Saperstein serves on a number of boards, including The Leadership Conference on Civil and Human Rights and the National Religious Partnership for the Environment.  He was a Member of the President’s Advisory Council on Faith-Based and Neighborhood Partnerships from 2010 to 2011.  Rabbi Saperstein was a member of the U.S. Commission on International Religious Freedom from 1999 to 2001, serving as its first Chair from 1999 to 2000.  Rabbi Saperstein received a B.A. from Cornell University, an M.H.L. from Hebrew Union College, and a J.D. from American University.

Rabbi Saperstein will replace Suzan Johnson Cook who resigned last October. (See prior posting.)

UPDATE: According to a July 29 White House release, Rabbi Saperstein's nomination has now been formally submitted to the Senate.

Eid al Fitr Begins Today; White House Issues Greetings

Today is the beginning of Eid al Fitr, marking the end of Ramadan. (Background from Huffington Post). The New York Times reports that today's start of the Eid was confirmed last night by the area's Roohat-e-Hilal Committee, or Moon-Sighting Committee. Yesterday President Obama issued a statement (full text) wishing "Muslims in the United States and around the world a blessed and joyous celebration."

Second Florida Trial Court Invalidates State's Same-Sex Marriage Ban; Stays Order

In Pareto v. Ruvin, (FL Cir. Ct., July 25, 2014), a Florida state trial court in Miami-Dade County held that Florida's ban on same-sex marriage violates the 14th Amendment's due process and equal protection clauses.  While ordering the Miami-Dade County clerk of courts to modify its marriage license forms to encompass same-sex marriages, the court stayed its order pending expected appeals. The court excluded from its order the provision of Florida law barring recognition of same-sex marriages performed in other jurisdictions, presumably because none of the plaintiffs before the court had been married elsewhere. Earlier this month, a Monroe County Florida trial court also struck down Florida's ban on same-sex marriage. (See prior posting.) AP reports on the Miami-Dade County decision.

Church Challenges Town's Zoning Law

Liberty Institute announced the filing last week of a RLUIPA challenge to the zoning ordinance of the town of Bayview, Texas. The complaint (full text) in Cornerstone Church by the Bay v. Town of Bayview, Texas, (SD TX, filed 7/22/2014), alleges that the town's zoning ordinance violates RLUIPA and the Texas Religious Freedom Restoration Act, as well as federal and state constitutional protections, by barring all religious institutions in the town's only residential zone while allowing similarly situated non-religious institutions there. Cornerstone is seeking to operate a church and religious school on land that was donated to it.

Recent Articles of Interest

From SSRN:

• Sankalp Jain, Religion & Its Role and Function in International Law, (July 5, 2014).
• John D. Inazu, A Confident Pluralism, (Southern California Law Review, 2015, Forthcoming).
• Thomas C. Berg, Foreword: Intellectual Property and Religious Thought, (University of St. Thomas Law Journal, Vol. 10, p. 579, 2014).
• Linda C. McClain, Can Religion Without God Lead to Religious Liberty Without Conflict?, (94 Boston University Law Review 1273 (2014)).
• Jaclyn L. Neo, What's in a Name? Malaysia's ‘Allah’ Controversy and the Judicial Intertwining of Islam with Ethnic Identity, (June 7, 2014).
• Paolo Davide Farah & Riccardo Tremolada, Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of Intellectual Property Rights, (Transnational Dispute Management, Special Issue, Volume 11, Issue 2, March 2014).
• Elizabeth Varner, Protecting Cultural Heritage During Disasters: Prevention, Mitigation, and Response, (April 11, 2014). 6 Liason: J. of Civ.-Mil. Disaster Mgmt. & Human. Relief Collaborations 63 (2014)).
• Timothy Lindsey & Melissa Crouch, Cause Lawyers in Indonesia: A House Divided, Wisconsin International Law Journal, Vol. 31, No. 620, 2013. 

From SmartCILP and elsewhere:

• Shanmuga Kanesalingam, Monkey In a Wig: LoyarBurok, UndiMsia!, Public Interest Litigation and Beyond, 31 Wisconsin International Law Journal 586-619 (2013).
• Gila Stopler, The Challenge of Strong Religion In the Liberal State, 32 Boston University International Law Journal 411-447 (2014).
• Intellectual Property and Religious Thought. Foreword by Thomas C. Berg; articles by Paul J. Griffiths, Jeremy Stern, Bashar H. Malkawi, Audrey R. Chapman, Margo A. Bagley, Marco Fioretti, David W. Opderbeck, Alina Ng Boyte, Shubha Ghosh and Roberta Rosenthal Kwall. 10 University of St. Thomas Law Journal 579-843 (2013).
• Dr. Don M. Snider, COL (USA Ret) & Alexander P. Shine, Does the Army’s Culture Facilitate Integration, Character Development, and Trust in the Profession?, Strategic Studies Institute, April 2014.
• July/August 2014 issue of Church & State.
• Michael L. Gompertz, The Clergy Housing Allowance Exemption Is Unconstitutional, Tax Notes, July 21, 2014, pg. 315.

ISIS On Campaign To Destroy Religious Shrines In Iraq Hits Tomb of Jonah

The Wall Street Journal reported Friday on announced plans of the insurgent group Islamic State to destroy religious shrines and graves in Iraq.  Conservative Sunni doctrine prohibits the veneration of shrines or burial sites. Carrying out its goal, on Thursday in Mosul, the group blew up the Tomb of Jonah and the Nabi Younes Mosque in which it was housed. The Journal reports:

Though its population is predominantly Sunni, Mosul was a symbol of religious intermingling and tolerance in Iraq. Nineveh, the wider province, is a Assyrian Christian center dating back thousands of years. That Jonah's shrine was in a mosque was a proud reflection of that coexistence....