New Website Launched To Cover Catholic Issues

Boston Globe Media Partners on Tuesday announced the launch of a new website devoted to reporting on issues related to the Catholic Church and Catholic lifestyles.  The site, titled Crux, will provide national and international news and analysis of the Church and Catholic practice. A link to Crux has been added to the Religion Clause sidebar under "Resources."

New EEOC Chair Appointed

The Equal Employment Opportunity Commission announced yesterday that President Obama has appointed EEOC vice-chair Jenny R. Yang as Chair of the EEOC. She will be the first Asian-American chair of the Commission. She replaces Jacqueline A. Berrien. The EEOC enforces federal employment anti-discrimination laws, including laws prohibiting religious discrimination.

In Germany, New Tax Rules Lead To Departures From Churches

Reuters reported last week that a change in Germany's tax law has prompted a large jump in the number of Germans leaving both Catholic and Protestant churches. Under Germany's tax law, church members are assessed another 8% or 9% which goes to pay the salaries of clergy, charitable services and other expenses of the church. While the church tax applies to all income, apparently many Germans have paid it only on their salaries and not on their investment income.  Under tax changes that become effective next year, banks will automatically withhold church taxes from accounts in which individuals earn more than 801 Euros in capital gains. Many are leaving their church rather than pay the increased amounts.  Leaving a church means that an individual is no longer entitled to receive sacraments or marry in the church, or receive a religious burial. [Thanks to Scott Mange for the lead.]

Saudi Appeals Court Upholds Harsh Blasphemy Sentence

AFP reports that an appellate court in Saudi Arabia has upheld a sentence of ten years in jail, 1000 lashes, and a fine equivalent to nearly $267,000 (US) imposed on the founder of a liberal human rights group. The sentence was imposed on Raef Badawi for "creating a website insulting Islam," and criticizing the religious police.

Indian Court Bans Religious Animal Sacrifices

In the Indian state of Himachal Pradesh, a 2-judge bench of the High Court has banned the traditional practice of animal sacrifice in any place of public religious worship.  The decision (full text) handed down on Sept. 1 reads in part:

Sacrifice causes immense pain and suffering to the innocent animals. The innocent animals cannot be permitted to be sacrificed to appease the God/deity in a barbaric manner. Compassion is basic tenets in all the religions. The practice of animal sacrifice is a social evil and is required to be curbed.

The decision also calls into question whether animal sacrifice "can be termed as religious practice."  According to the Business Standard:

Gory goat slaughtering festivals take place in winters across Himachal Pradesh. Often, scores of goats are butchered in single day to appease village deities.

Today's Times of India reports on reactions to the decision.

British Group Rallies Against Rising Anti-Semitism

In Britain on Sunday, some 3500 to 4500 people gathered in front of London's Royal Courts of Justice to protest rising anti-Semitism in Britain. As reported by International Business Times, the rally was organized by the Campaign Against Anti-Semitism (CAAS) which said that Jews in Britain are facing levels of anti-Semitism not seen in almost a century. CAAS called on police to demonstrate a zero-tolerance for anti-Semitism.

American Muslims Seek U.S. Protection During Hajj

Last week, a coalition of 28 Muslim groups in the United States wrote Securetary of State John Kerry (full text of letter) asking for U.S. action to protect the safety of American Muslims who will travel to Saudi Arabia in October on Hajj.  According to the letter, in the past protection was lacking:

In 2013, a group of American Muslims from Dearborn, Michigan, was attacked during the Hajj by a group of Australian pilgrims because they are Shias, a minority denomination within Islam. The Americans were physically and verbally assaulted—including men being strangled and women threatened with rape—and alleged that though Saudi authorities were present, these authorities did not intervene or take their complaints seriously. Further, the victims allege that Saudi authorities deleted cell phone video recordings of the attack.  The victims sought assistance from the U.S. Embassy, but disturbingly their phone calls were not returned.

RNS reports on the letter.  On Sunday, without mentioning the letter, the State Department posted a Hajj Fact Sheet on its website. The section on Safety mentions problems of fraud and theft, but does not allude to physical attacks. The State Department's website also has a general page on "Help for U.S. Citizen Victims of Crime Overseas."

More Recent Prisoner Free Exercise Cases

In Kilgore v. Gerlicher, 2014 U.S. Dist. LEXIS 119578 (D MN, Aug. 8, 2014), a Mionnesota federal magistrate judge recommended dismissing an inmate's claim that his free exercise rights were substantially burdened by the Department of Corrections designating Nation of Gods and Earths as a security threat group.

In Green v. Hawkinberry, 2014 U.S. Dist. LEXIS 120020 (WD PA, Aug. 28, 2014), a Pennsylvania federal magistrate judge permitted an inmate to proceed against all but one defendant with his complaint that he was wrongfullydenied a kosher diet.

In Muhammad v. Pearson, 2014 U.S. Dist. LEXIS 120396 (ED VA, Aug. 22, 2014), a Virginia federal district court dismissed a complaint by a Nation of Islam inmate that he was denied study guides, DVD's, and a second NOI meeting. The court did not dismiss, pending a motion to do so, plaintiff's complaint that he was unable to have NOI meetings while on lockdown.

In Guillory v. Ellis, 2014 U.S. Dist. LEXIS 120709 (ND NY, Aug. 29, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed a suit in which plaintiff claimed defendant caused him to miss one religious service and there was a shortened Purim celebration.

In Shabazz v. Giurbino, 2014 U.S. Dist. LEXIS 121037 (ED CA, Aug. 28, 2014), a California federal magistrate judge recommended that a Muslim inmate be allowed to move forward with some of his claims alleging that he received Halal meals containing meat only once a day (the others were vegetarian) while Jewish prisoners received kosher meat meals three times a day.

Recent Articles and Book of Interest

From SSRN:

• Inna Semenenko & Ruslan Galgash, Role of Religion as a Social Institution in Sustainable Development: View from Ukraine, (Problemy Ekorozwoju-- Problems of Sustainable Development 2014, vol. 9, no 2, 65-72).
• Richard K. Sherwin, Law in the Flesh: Tracing Legitimation's Origin to 'The Act of Killing', (No Foundations: An Interdisciplinary Journal of Law and Justice, No. 11, June 2014).
• Eli Wald & Russell G. Pearce, What's Love Got to Do with Lawyers? Thoughts on Relationality, Love, and Lawyers’ Work, (17 Legal Ethics (2014)).
• Christopher McCrudden, Human Rights, Southern Voices, and ‘Traditional Values’ at the United Nations, (May 28, 2014).
• Brian Leiter, Reply to Five Critics of Why Tolerate Religion?, (Criminal Law & Philosophy, 2015, Forthcoming).
• Asad Zaman, Building Genuine Islamic Financial Institutions, (Presented at Conference on: Economics and Ethics” organized by the Center for Islamic Legislation and Ethics (CILE) in Doha, Qatar on the 10-12 of June 2014).

From SmartCILP:

• Calum Carmichael, Interpreting Law: Jesus, the Lawyer, and the Parable of the Good Samaritan, 41 Georgia Journal of International & Comparative Law 697-710 (2013).
• Julia L. Ernst, Rethinking the Validity of State Religions: Is Antiestablishmentarianism a Fundamental Prerequisite for the Protection of Religious Rights Under International Human Rights Law? 34 Northern Illinois University Law Review 333-390 (2014).
• Christine Haight Farley, Stabilizing Morality In Trademark Law, 63 American University Law Review 1019-1050 (2014).
• Mark Goldfeder, Defining and Defending Borders; Just and Legal Wars in Jewish Thought and Practice, [Abstract], 30 Touro Law Review 631-653 (2014).
• Kenneth Shuster, "When Has the Grim Reaper Finished Reaping?" How Embracing One Religion's View of Death Can Influence Acceptance of the Uniform Determination of Death Act, [Abstract], 30 Touro Law Review 655-674 (2014).

Recent Book:

• Daniel P. Dalton, Litigating Religious Land Use Cases, (ABA Book Publishing, July 2014).

Recent Prisoner Free Exercise Cases

In Phillip v. Schriro, 2014 U.S. Dist. LEXIS 117720 (SD NY, Aug. 22, 2014), a New York federal district court allowed a Muslim inmate to proceed with most of his claims that his free exercise rights were violated when he was denied participation in Friday Jumu'ah services while in punitive segregation.

In Vann v. Fischer, 2014 U.S. Dist. LEXIS 118247 (SD NY, Aug. 25, 2014), a New York federal district court dismissed a complaint by a Santeria practitioner that his religious rights were violated by Directives requiring that he obtain approval to wear his religious beads, conceal them while wearing them, and not wear them while in transit.

In Moon v. Pratte, 2014 U.S. Dist. LEXIS 118707 (ED MO, Aug. 26, 2014), a Missouri federal district court allowed a Muslim inmate to proceed with his claims for religious discrimination. Plaintiff had claimed denial of halal food, a clean place to pray, Islamic religious materials, and services or speakers.

In Ex parte Herrera, 2014 Tex. App. LEXIS 9511 (TX App., Aug. 26, 2014), a Texas state appeals court denied habeas corpus relief to petitioner, in pre-trial home confinement under charges of sexually assaulting a child, who was barred from attending church services as a condition of his electronic monitoring.

In Kyles v. Chartier, 2014 U.S. Dist. LEXIS 119270 (D SC, Aug. 26, 2014), a South Carolina federal district court adopted a magistrate's recommendation and held that the religious exercise of a Hebrew Messianic Yisraelite inmate was not substantially burdened by allowing him to worship with the Jewish congregation but not in separate services.

In Hoeck v. Miklich, 2014 U.S. Dist. LEXIS 119490 (D CO, Aug. 27, 2014), a Colorado federal district court denied injunctive relief to an inmate who claimed that authroties were preventing him from observing his religion of Biblical Christianity that has its own times for various holidays and its own dietary requirements. The court concluded that the relief requested either related to past events or was too vague to implement.

In Williamson v. Twaddell, 2014 U.S. Dist. LEXIS 119566 (CD IL, Aug. 25, 2014), an Illinois federal district court permitted a Messianic Black Hebrew Israelite inmate to proceed with his complaint that he was denied kosher meals, access to Messianic service, baptism, a prayer cap and a ATanach@ religious book.

In Farrad v. Evans, 2014 U.S. Dist. LEXIS 119704 (SD NY, Aug. 15, 2014), a New York federal district court dismissed an inmate's complaint that he was denied Islamic services and ministerial consultation while he was in the prison's medical ward.

In Lloyd v. City of New York, 2014 U.S. Dist. LEXIS 119706 (SD NY, Aug. 4, 2014), a New York federal district court allowed Muslim inmates held at Rikers Island to move ahead with their complaint that they were not provided adequate or appropriate worship space, but dismissed their complaint that they were not furnished an adequate supply of religious materials.

5th Circuit: Religious Accommodation Turns On Employee's Personal Sincere Beliefs

In Davis v. Fort Bend County, (5th Cir., Aug. 26, 2014), in a 2-1 decision, the U.S. 5th Circuit Court of Appeals in a Title VII religious accommodation case held that employee Lois Davis, a county desktop support supervisor, had arguably acted out of religious belief when she absented herself from working on Sunday on a move into a new courthouse building in order to attend a special church ground breaking and community service event.  The district court had granted summary judgment to defendant holding that "being an avid and active member of church does not elevate every activity associated with that church into a legally protectable religious practice." The majority in the Court of Appeals concluded, however, that there is a genuine issue of material fact as to whether Davis had a sincere religious belief that she needed to attend church on that Sunday:

 A showing of sincerity ... does not require proof that the July 3rd church event was in itself a true religious tenet, but only that Davis sincerely believed it to be religious in her own scheme of things.

The majority also concluded that there is a genuine factual issue as to whether allowing an available substitute to work Davis' shift would have created undue hardship. Judge Smith dissented.

School Officials Do Not Enjoy Immunity In Equal Protection Suit Claiming Anti-Jewish Fellow-Student Harassment

In Shiveley v. Green Local School District Board of Education, (6th Cir., Aug. 27, 2014), parents sued school board members for permitting the anti-Jewish harassment and bullying of their daughter by fellow students.  School board members claimed qualified immunity.  In a 2-1 decision, the court held that defendants were not entitled to immunity as to plaintiffs' equal protection claim.  The majority said:

It is difficult to imagine how any school administrator could think he would not be liable for allowing unregulated religious and gender-based persecution that spanned a four-year period.

The majority also held that defendants were not entitled to immunity on plaintiffs' state law claim that defendants were liable for negligence for making the deliberate decision not to enforce anti-bullying policies even though they knew of the bullying of their daughter, including a report that her name was on a "kill list."

All three judges agreed that plaintiffs were entitled to qualified immunity as to plaintiffs' substantive due process claim. saying that " it was not clearly established that school officials violate due process by failing to address student-on-student harassment."

Another Controversy Over Religious Symbols and Public Schools

Two elementary schools in Midlothian, Texas are the latest focus of controversy over religious symbols on public property. As reported by today by Courthouse News Service, the plaques, featuring two crosses, read: "Dedicated in the Year of Our Lord 1997 to the Education of God's Children and to their Faithful Teachers in the Name of the Holy Christian Church." Freedom From Religion Foundation complained about the plaques two months ago. The Dallas Observer yesterday reported on what happened next:

The district, advised by its attorneys that it would lose any lawsuit regarding the plaques, covered them with duct tape and prepared for their being replaced as the new school year began. Wednesday, the district posted a notice on its website that the plaques had been uncovered, but the district was "unsure who uncovered them" and had "no plans to recover them."

Meanwhile each side is marshalling its arguments. FFRF says:

Public schools may not advance, prefer, or promote religion. The plaque on the front of Mt. Peak Elementary violates this basic constitutional prohibition by creating the appearance that the school, and by extension the district, prefer religion to nonreligion and Christianity to all other religions.

Liberty Institute responds:

Our preliminary investigation of the Midlothian plaque issue leads us to believe the school district created a limited public forum for plaques relating to the topic of the building dedication.  The plaque at issue is thus private speech and the First Amendment prohibits the government from censoring private speech simply because of its religious viewpoint.

And media headlines fan the controversy, such as this one from Christian News: "Texas School District Duct Tapes Over Plaques Glorifying God Following Atheist Complaint."

Recent Prisoner Free Exercise Cases

In Smart v. Aramark Inc., 2014 U.S. Dist. LEXIS 113266 (D NJ, Aug. 15, 2014), a New Jersey federal district court reaffirmed its prior holding that an inmate, who variously claimed his relgion as Muslim or Jewish, did not have his ability to practice his religion affected by his inability to have his beard at the prison's kitchen.

In Fields v. Martin, 2014 U.S. Dist. LEXIS 114224 (ED MI, Aut.18, 2014), a Michigan federal district court accepted a magistrate's report and rejected an inmate's claim that his Buddhist religion required him to have a vegan diet.

In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 115111 (SD OH, Aug. 19, 2014), an Ohio federal magistrate judge recommended rejecting a Jewish inmate's complaint that he was served meat and dairy products during the same meal and was required to cook or reheat his kosher meals in a microwave on the Sabbath.

In Mason v. Clear Creek County, 2014 U.S. Dist. LEXIS 115840 (D CO, Aug. 20, 2014), a Colorado district court, while dismissing a number of claims unrelated to prison conditions, permitted a Messianic Hebrew inmate to proceed with his claim that he was denied a religious diet and subjected to religious persecution.

In Hardy v. Agee, 2014 U.S. Dist. LEXIS 115488 (WD MI, Aug. 20, 2014), a Michigan federal district court dismissed a complaint by a Muslim inmate that because of his refusal to take a job in the kitchen he was placed on room restriction and was prevented from attending Islamic services and classes.

In Chau v. Young, 2014 U.S. Dist. LEXIS 116252 (ND CA, Aug. 20, 2014), a California federal district court dismissed a complaint by a Muslim inmate that a "modified program" imposed after a prison riot prevented his participation in Friday prayers, Islamic study classes and Ramadan observance with other inmates.

In Hunter v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 116156 (SD GA, Aug. 20, 2014), a Georgia federal magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that he was coerced into participating in a Christian faith-based program.

In Annabel v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 116440 (WD MI, Aug. 21, 2014), a Michigan federal district court rejected an inmate's claim that his free exercise rights were infringed when correctional officers mocked his Judaic Christian religion. It also rejected his claim that he was rataliated against for settling a lawsuit granting him a kosher diet.

Bolivian Evangelical Group Sues To Challenge New Rules Imposed On Religious Groups

In Bolivia last month, the National Association of Evangelicals of Bolivia filed a Petition of Unconsitutionality with the country's Constitutional Tribunal challenging new provisions regulating churches. The Protestant group is challenging Law 351 ("Granting of Juridical Personality to Churches and Religious Groups") passed in March 2013 and Supreme Decree 1987 implementing the law. The petition argues that various provisions of the law violate Art. 4 of the country's constitution protecting religious liberty. As reported by Morning Star News:

Decree 1987 imposes a list of burdensome preconditions upon religious organizations that contradict the language of Article 4. For example, denominations must file a “notarized listing” of the names, ID numbers, tax certificates and police files of national leaders, as well as notarized lists of names and ID numbers of their entire membership....

Decree 1987 also requires churches, synagogues and mosques to file copies of their bylaws with the Ministry of Foreign Affairs. To gain official approval, these documents must include procedures for “the admission and exclusion of members, the rights and obligations of members, an internal disciplinary regimen which includes infractions, sanctions and procedures,” and other such provisions.

NAEB argues that Decree 1987 requires churches "to operate under a model of administration contrary to our own faith doctrines."

N.H. Supreme Court Dismisses Challenge To Education Tax Credits On Standing Grounds

In Duncan v. State of New Hampshire, (NH Sup. Ct., Aug. 28, 2014), the New Hampshire Supreme Court vacated and remanded a trial court decision that invalidated New Hampshire's Education Tax Credit program. The trial court held that the program was a violation of the state constitution's ban on compelling any person to support sectarian schools. (See prior posting.) In yesterday's decision, the state Supreme Court did not reach the merits of the argument, but instead dismissed on standing grounds.  The Court summarized its holding:

We do not reach the merits of the petitioners’ declaratory judgment petition because we conclude that: (1) the 2012 amendment to RSA 491:22, I, which allows taxpayers to establish standing without showing that their personal rights have been impaired or prejudiced, is unconstitutional; and (2) absent that amendment, the petitioners have no standing to bring their constitutional claim.

AP reports on the decision.

6th Circuit Affirms Dismissal of Suit By Christian Evangelists Preaching At Arab Festival

In Bible Believers v. Wayne County, (6th Cir., Aug. 27, 2014), the U.S. 6th Circuit Court of Appeals, in a 2-1 decision, affirmed the distrct court's dismissal of civil rights claims by Christian evangelists who engaged in aggressive preaching at the 2012 Arab International Festival in Dearborn, Michigan. Police insisted that they leave when the crowd turned hostile. The majority held that this action by the police did not violate plaintiffs' 1st or 14th Amendment rights:

The video from the 2012 Festival demonstrates that Appellants’ speech and conduct intended to incite the crowd to turn violent. Within minutes after their arrival, Appellants began espousing extremely aggressive and offensive messages—e.g., that the bystanders would “burn in hell” or “in a lake of fire” because they were “wicked, filthy, and sick”—and accused the crowd of fixating on “murder, violence, and hate” because that was “all [they] ha[d] in [their] hearts.” These words induced a violent reaction in short order; the crowd soon began to throw bottles, garbage, and eventually rocks and chunks of concrete..... As in Feiner, the situation at the 2012 Festival went far beyond a crowd that was merely unhappy and boisterous; as Richardson explained to the Bible Believers, the threat of violence had grown too great to permit them to continue proselytizing.

Judge Clay dissented, saying:

This is a clear heckler’s veto, breaching the principle that “hostile public reaction does not cause the forfeiture of the constitutional protection afforded a speaker’s message so long as the speaker does not go beyond mere persuasion and advocacy of ideas [but rather] attempts to incite to riot.”

AP reports on the decision. [Thanks to How Appealing for the lead.]

Suit By Pastor To Sex Offenders Challenges Law Restricting His Ministry

In Montgomery, Alabama yesterday, Ricky Martin, pastor of the Triumph Church in Clanton, Alabam filed a lawsuit challenging a recently enacted state law aimed at shutting down his ministry to sex offenders. The complaint (full text) in Martin v. Houston, (MD AL, filed 8/27/2014) contends that Al. Code Sec. 45-11-82 violates RLUIPA, the Alabama Religious Freedom Amendments, and the free exercise, bill of attainder and due process clauses of the federal Constitution. The law, which is applicable only in Chilton County, prohibits registered adult sex offenders who are not related from living in the same residence or within 300 feet of another registered sex offender. Martin, as part of his ministry, allows sex offenders to live in trailers behind his church while they are locating more permanent housing. AL.com reports on the case.

Court Awards Attorneys' Fees In Utah Polygamy Law Challenge

Last year, a Utah federal district court held that most of Utah's anti-polygamy statute is unconstitutional. (See prior posting.) After that grant of summary judgment, there remained a claim for monetary damages by plaintiffs based on 42 USC Sec. 1983. Yesterday in Brown v. Shurtleff, (D UT, Aug. 27, 2014) the court entered judgment on this remaining claim, awarding attorneys' fees, costs and expenses to plaintiffs.  The court concluded that defendants had waived their claims of prosecutorial immunity and qualified immunity.  Plaintiffs, subjects of the reality series "Sister Wives," decded to drop their claim for addtiional damages stemming from the criminal investigation and public comments in their case. The court's order reiterated last year's holding that the only portion of the Utah statute which is constituitonal is a provision that bars marriages inwhich an individual seeks multiple marriage licenses from the state. Provisions barring cohabiting or entering a religious marriage with someone else are unenforceable. Salt Lake Tribune reports on the decision.

Justice Department Sues Minnesota Town Over Denial of Use Permit To Mosque

The Justice Department announced yesterday the filing of a civil lawuit against St. Anthony Village, Minnesota for violating the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act.  The suit challenges the village's refusal to issue a conditional use permit to the Abu Huraira Islamic Center that seeks to purchase an existing business center in an area zoned "light industrial," use the basement for worship space and continue to rent the remainder of the building to existing business tenants. According to the Minneapolis Star-Tribune, the 4-1 City Council vote reversing the recommndation of the City Planning Staff came after a Council meeting at which some residents made disparaging remarks about the Muslim faith.