Nigerian Court Upholds Ban On Head Scarves In Public Schools

According to AFP, in Nigeria on Friday a judge on the High Court in Lagos upheld the Lagos State government's ban on wearing of the hijab (Muslim head scarf) in public schools. In upholding the ban introduced last year, the court said in part:

The ban on the use of hijab in public schools in Lagos is not a breach of the applicants' fundamental rights to religion because Nigeria as a secular state does not adopt any religion as a state religion.

Removing the ban on the hijab will be tantamount to promoting a particular religion against the others and this may lead to social tensions.

The  Muslim Students Society of Nigeria which brought the challenge says it will appeal.

Black Separatist Religious Group Wins Right To Demonstrate Outide of Mall

In Liberty Place Retail Associates, L.P., v. Israelite School of Universal Practical Knowledge, (PA Super. Ct., Oct. 14, 2014),  a 3-judge panel of the Pennsylvania Superior Court affirmed a trial court's denial of a permanent injunction to prevent a Hebrew Israelite religious organization from holding demonstrations on a public sidewalk outside a Philadelphia Center City shopping mall. At issue are hate-filled Black-separatist demonstrations held on a weekly basis. The court rejected the shopping mall's trespass and private nuisance claims. Philadelphia Daily News reports on the decision.

New Acting Head of DOJ Civil Rights Division Appointed

The Justice Department announced last Wednesday that beginning tomorrow Vanita Gupta will serve as Acting Assistant Attorney General for the Civil Rights Division. She succeeds Molly Moran who will become Principal Deputy Associate Attorney General. A New York Times editorial on Friday praised the Gupta appointment and said that the President has indicated he plans to send her name to the Senate as a nominee for the position on a permanent basis. Gupta comes to the Justice Department from the ACLU where she serves as its deputy legal director and has worked actively on criminal justice reform. She is well-liked by many conservatives as well as by liberals.  Last March the U.S. Senate rejected Debo Adegbile, President Obama's previous nominee for the permanent position of Assistant Attorney General to head the Civil Rights Division. (See prior posting.)

Houston Narrows Subpoenas, But Pastors Say Not Enough

The city of Houston, Texas announced yesterday that it has filed narrowed subpoenas against five pastors in a lawsuit against it challenging rejection of referendum petition signatures.  At issue is an attempt by opponents of the city's Equal Rights Ordinance to obtain its repeal.  Much of the opposition-- particularly to provisions on transgender rights-- was led by clergy. Originally the city issued broad subpoenas calling for all speeches, presentations, or sermons related to the Ordinance or issues surrounding it. (See prior posting.) The new subpoenas omit any reference to sermons, but still seek information from 5 pastors who were leaders in the referendum petition drive on the petition gathering process. According to Mayor Annise Parker:

This is not about what they may be preaching from the pulpit.  It is about proving that the petition gathering process organized by these pastors did not meet the requirements of the City Charter.  This information is critical to proving the city’s contention that the petition was ineligible for placement on the ballot and that the organizers knew this.

Alliance Defending Freedom (representing the pastors) still objects to the narrowed subpoenas, stating in a press release:

The city of Houston still doesn’t get it. It thinks that by changing nothing in its subpoenas other than to remove the word ‘sermons’ that it has solved the problem. That solves nothing. Even though the pastors are not parties in this lawsuit, the subpoenas still demand from them 17 different categories of information – information that encompasses speeches made by the pastors and private communications with their church members. As we have stated many times, the problem is the subpoenas themselves; they must be rescinded entirely. The city must respect the First Amendment and abandon its illegitimate mission to invade the private communications of pastors for the purpose of strong-arming them into silence in a lawsuit that concerns nothing more than the authenticity of citizen petitions.

Kansas Diocese Settles 30 Abuse Cases On Eve of Jury Deliberations

Last Tuesday, just as the jury was about to begin deliberations after an 11-day trial in one case, the Catholic Diocese of Kansas City-St. Joseph agreed to settle 30 claims of priest sexual abuse for $9.95 million.  The Kansas City Star reports that these are all claims filed since 2010 alleging alleging abuse by 13 current or former priests taking place 20 or more years ago.

German State's Parliament Votes To Eliminate Mention of God From Constitution; Catholics Seek Reconsideration

Religion News Service reported earlier this week that in the German state of  Schleswig-Holstein, Catholics are trying to get Parliament to reverse its vote last week to exclude the mention of God from the Preamble of the new Constituiton that Parliament is drafting. In order to obtain reconsideration of the decision that passed by a two-thirds majority, proponents must obtain 20,000 signatures.  Six other of the 16 German states have already eliminated the mention of God from their state constitutions.

Canada's Supreme Court Hears Challenge To City Council Invocations

On Oct. 14, the Supreme Court of Canada heard oral arguments in Mouvement laïque québécois v. City of Saguenay. In the case (summary), appellants claim that the opening of Saguenay, Quebec's municipal council meetings with a prayer, and the presence of Christian religious symbols in council chambers, violate the provision of the Charter of Rights and Freedoms that guarantee freedom of conscience and religion. A webcast of the full oral arguments is available from the Court's website. The Globe & Mail reports on the case.

Avalanche of Same-Sex Marriage Legal Developments

In the last several days there has been an avalanche of legal developments relating to same-sex marriages:

Alaska:  Yesterday in Parnell v. Hamby, the U.S. Supreme Court issued an order denying a stay of a federal district court's decision striking down Alaska's same-sex marriage ban.

Arizona: in Majors v. Horne,(D AZ, Oct. 17, 2014) and Connolly v. Jeanes, (D AZ, Oct. 17, 2014), an Arizona federal district court in two short and substantially identical opinions struck down Arizona's ban on same-sex marriages, citing the 9th Circuit's decision earlier this month in Latta v. Otter striking down bans in Nevada and Idaho. (See prior posting.) State Attorney General Tom Horne announced he would not appeal and sent a letter to the state's 15 county clerks telling them that they may not deny marriage licenses to same-sex couples. Arizona Republic reports on developments.

Wyoming: In Guzzo v. Mead, (D WY, Oct. 17, 2014), a Wyoming federal district court granted a preliminary injunction against Wyoming's ban on same-sex marriage and recognition of same-sex marriages performed elsewhere.  However the court also granted a stay of its injunction until Oct. 23 to allow an appeal to the 10th Circuit or until an earlier date at which the state informs the court that it will not appeal. Governor Matt Mead's office announced that the state will file a notice with the district court that it will not appeal the decision.

Idaho: Two Christian ministers and their for-profit wedding chapel located across the street from the Kootenai County (Idaho) Clerk’s office (which issues marriage licenses) brought suit in an Idaho federal district court to enjoin the city of Coeur d'Alene from enforcing its anti-discrimination ordinance against them. The 63-page complaint (full text) in Knapp v. City of Coeur d'Alene, (D ID, filed Oct. 17, 2014) contends that the Ordinance violates plaintiffs' 1st and 14th Amendment rights as well as their rights under state law. Plaintiffs also filed a motion for a temporary restraining order or preliminary injunction.  ADF issued a press release announcing the filing of the lawsuit.

North Carolina: In North Carolina, the general counsel of the state's Administrative Office of the Courts on Oct. 14 issued a memo (full text) to judges and magistrates stating that magistrates must perform wedding ceremonies for same-sex couples who present a license in the same way they do for opposite-sex couples. Refusal to do so could lead to suspension, removal or even criminal charges. In response, on Thursday Rockingham County Magistrate Judge John Kallam who has religious objections to performing same-sex marriages resigned.  Alamance County Judge Jim Roberson, who originally suggested that Magistrates with religious objections be excused from performing same-sex ceremonies, issued a statement yesterday saying that magistrates in his county are required to perform ceremonies for same-sex couples. (Qnotes.)  Time Warner Cable News reported on developments.

Federal Government: On Friday, the U.S. Department of Justice announced that the federal government will now recognize same-sex marriages performed in Indiana, Oklahoma, Utah, Virginia, and Wisconsin for purposes of extending federal benefits. The action came after the Supreme Court refused review of Circuit Court decisions affecting those states. Apparently (though there is some slight ambiguity in DOJ's announcement) the federal government will also recognize same-sex marriages performed in Nevada and Idaho after the Supreme Court refused to stay the 9th Circuit's decision as to those states. (See prior posting.)

Prominent D.C. Rabbi Arrested On Voyeurism Charges

The Forward reports that in Washington, DC yesterday, Rabbi Barry Freundel, head of Kesher Israel, one of the city's pre-eminent Modern Orthodox synagogues, was arrested on charges of electronic voyeurism. Apparently Freundel was caught installing a hidden camera above a shower at the synagogue's mikveh (ritual bath) so he could view women showering there. Kesher Israel's board immediately suspended Freundel without pay.  Prominent members of Kesher Israel have included Treasury Secretary Jack Lew and former U.S. Senator Joseph Lieberman.

UPDATE: Here is the Criminal Complaint filed in the case.

Virginia Governor Says Same-Sex Married Couples Can Now Adopt

Last week, Virginia's Department of Social Services (at the direction of Governor Terry McAuliffe) issued a Bulletin (full text) to its local offices informing them that court decisions legalizing same-sex marriage mean that now married same-sex couples are eligible to adopt children under Va. Code Sec. 63.2-1225. Same-sex couples in civil unions or domestic partnerships (rather than marriages) are not eligible to adopt. Reporting on the Governor's action, Metro Weekly yesterday said that, according to the ACLU, married same-sex couples with children born before same-sex marriage was legalized on Oct. 6, 2014 should be able to get an amended birth certificate listing both spouses as a legal parent.  A same-sex spouse should now also be able to adopt a spouse's child so long as the child does not have another legal parent.

Pastors Seek To Quash Subpoenas For Sermons, Communications On Houston's Equal Rights Ordinance

Opponents of Houston, Texas' Equal Rights Ordinance enacted in May have sued after the city ruled that they had insufficient signatures on their petitions to get a repeal referendum on the ballot. (See prior posting.) As part of discovery in the lawsuit in state court, the city issued broad subpoenas (full text) to a group of five pastors calling for them to produce, among other items:

All communications with members of your congregation regarding HERO [Houston Equal Rights Ordinance] or the Petition....

All speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.

The pastors last week filed a motion to quash the subpoenas (full text) and a Memorandum in Support of the Motion (full text), arguing that the subpoenas are not "reasonably calculated to lead to the discovery of admissible, relevant evidence." In a Statement emphasizing opponents' objections to provisions in the Equal Rights Ordinance relating to transgender access to bathrooms, Alliance Defending Freedom said Monday that the subpoenas are designed to stifle social commentary.  Fox News yesterday reported on developments.

UPDATE: According to KTRH News:

City Attorney David Feldman argues the subpoenas are justified because the churches are where opponents of the ordinance met. "We're certainly entitled to enquire about the communications that took place in the churches regarding the ordinance and the petitions because that's where they chose to do it," Feldman tells KTRH News. "Its relevant to know what representations and instructions were given regarding these petitions," he says. [Thanks to Matthew Crawley for the lead.]

$1.9M Settlement In Suit Over Parole Revocation For Refusal To Attend Religious 12-Step Program

The Redding Record Searchlight reported yesterday that a settlement has been reached in Hazle v. Crowfoot, a suit in which the 9th Circuit held that plaintiff, an atheist whose parole on drug possession charges was revoked after he refused to participate in a faith-based drug treatment program, is entitled to compensatory damages. (See prior posting.) Hazle served over 100 additional days in prison.  Under the settlement agreement, the state of California will pay Hazle $1 million and Westcare California, Inc., the contractor that offered only a faith-based 12-step program for parolees, will pay him $925,000.

"Birther" Sues Obama Claiming Ebola Rules Aid Muslim Terrorism

A rather bizarre lawsuit was filed yesterday in federal district court in the District of Columbia charging President Obama and various federal health officials with acting recklessly in attempting to restrain the Ebola epidemic in order to aid Muslim terrorism and discriminate against Christian and Jewish Caucasian Americans. The suit was brought by Larry Klayman, an activist who has filed hundreds of lawsuits and who has been prominent in the anti-Obama "birther" movement. The complaint (full text) in Klayman v. Obama, (D DC, filed 10/14/2014), alleges seven causes of action ranging from providing material support for terrorists to civil rights claims and conspiracy to commit murder. It alleges that the CDC, at the direction of President Obam, is intentionally lying to the American public about the possibility of airborne transmission of Ebola.  The following excerpt gives a flavor of the allegations in the wide-ranging complaint:

Defendants actions in exposing Plaintiff to the Ebola virus as well as other Americans is the direct result of discrimination against Plaintiff on the basis of his Caucasian race and Jewish-Christian religion and in favor of people of the African-Black race and the Islamic religion.... Defendant Obama ... values an African-Black and Muslim life more than he does the lives of persons from the Caucasion or other races and religions, and this is reflected in his and the other Defendants’ actions with regard to allowing past and continued entry of persons from Ebola stricken Liberia and the rest of West Africa into the United States, despite the likelihood of an epidemic occurring.

Washington Post reports on the lawsuit.

Supreme Court Temporarily Stays Texas Abortion Clinic Restrictions

The U.S. Supreme Court this evening issued an Order (full text) in Whole Women's Health v. Lakey preventing portions of Texas' new regulation of abortion clinics from taking effect while a challenge to them is pending in the 5th Circuit. The 5th Circuit (full text of decision) had stayed the district court's injunction against enforcement of certain of the law's provision. As reported by SCOTUSblog, under the Supreme Court's ruling:

The state may not now enforce a requirement that all clinics in the state upgrade their facilities to be hospital-like surgical centers, even when they perform abortions only through the use of drugs, not surgery.  And it may not enforce, against the clinics in McAllen and El Paso, a requirement that all doctors performing abortions have privileges to admit patients to a hospital within thirty miles of the clinic.  That requirement can continue to be enforced elsewhere in Texas, the Court indicated.

Those two provisions, together, had reduced the number of clinics still operating in the state to seven, with an eighth soon to open.  At one time recently, Texas had forty-one clinics.  The Supreme Court’s action Tuesday will allow the reopening of thirteen closed clinics on Wednesday, lawyers for the clinics said.

Justices Scalia, Thomas and Alito dissented.

Sukkah At High School Rejected After Other Jewish Students Raise Church-State Complaints

The Milwaukee Journal-Sentinel reported Sunday on a new permutation in the battle over religious symbols in public schools. Last year, Jewish students at Glendale's Nicolet High School put up a temporary sukkah in the school's courtyard to mark the Jewish fall harvest festival of Sukkot.  This year the activity was moved to a private home nearby after other Jewish students, through the Milwaukee Jewish Community Relations Council, complained that the sukkah on school grounds would violate principles of church-state separation.

9th Circuit Says Same-Sex Marriages Can Go Ahead In Idaho

In what could be the final procedural step in the challenge to Idaho's ban on same-sex marriage, the U.S. 9th Circuit Court of Appeals yesterday issued an order dissolving its prior stay of its decision invalidating the Idaho ban.  According to KVPI News, the court's order provides that the lifting of the stay is effective at 10 a.m. tomorrow, at which time same-sex marriages will be legal in the state.

North Carolina Supreme Court Allows Direct Appeal of School Voucher Program

The Winston-Salem Journal reports that on Friday the North Carolina Supreme Court decided to allow a direct appeal of a trial court decision striking down the state's school voucher program. In August, trial court judge Robert Hobgood held that the state's Opportunity Scholarship Program violates various provisions of the state constitution relating to school funding and permits funds to go to private schools that discriminate on the basis of religion. (See prior posting.) Friday's ruling allows the parties to skip the usual appeal to an intermediate appellate court.  The North Carolina court of appeals has already allowed the voucher program to continue to partially operate while appeals are pending. (See prior posting.)

Minnesota Archdiocese Enters Historic Settlement In Clergy Abuse Case

As reported by AP, yesterday a settlement considered as historic by both sides was reached in a clergy sex abuse case, Doe 1 v. Archdiocese of St. Paul and Minneapolis. As part of the settlement, the Archdiocese adopted 17 Child Protection Protocols. The Diocese of Winona adopted similar Protocols. In a Statement announcing the agreement, Archbishop John Nienstedt emphasized:

The agreement embodies a strengthened spirit of collaboration in addressing the issues related to clerical sexual abuse.

In a separate Statement, defense attorney Jeff Anderson, said:

This child protection protocol, invested in by Doe 1, survivors and the Archdiocese, signals a new day and a new way for protection of children, healing of survivors, and full transparency and disclosure in a new way we’ve never seen.

Notre Dame Asks For Supreme Court GVR In Contraceptive Coverage Challenge

On Oct. 3, a petition for certiorari was filed with the U.S. Supreme Court in University of Notre Dame v. Burwell, (Docket No. 14-392). In the case, the U.S. 7th Circuit Court of Appeals denied a preliminary injunction to Notre Dame in its challenge to the Affordable Care Act contraceptive coverage mandate as applied to religious non-profits. (See prior posting.) As reported by MSNBC, the petition does not seek full Supreme Court review, but instead asks the Court to grant certiorari, vacate the 7th Circuit's decision and remand for reconsideration ("GVR") in light of the Supreme Court's Hobby Lobby decision. In the petition, Notre Dame argued:

Just as a Mormon might refuse to hire a caterer that insisted on serving alcohol to his wedding guests, or a Jew might refuse to hire a caterer determined to serve pork at his son’s bar mitzvah, it violates Notre Dame’s religious beliefs to hire or maintain a relationship with any third party that will provide contraceptive coverage to its plan beneficiaries,

Churches File Complaint With HHS Over California Abortion Coverage Requirement

Following up on a similar complaint filed last month on behalf employees of Loyola Marymount University (see prior posting), two advocacy groups filed a complaint (full text) last week with the Department of Health and Human Services on behalf of seven churches and a church-run school objecting to recent California actions requiring all group health plans to cover elective abortions. The complaint contends that the churches' health plans were changed without their consent to comply with the California Department of Managed Health Care's directive interpreting the scope of "basic health care services."  The churches argue that the California requirement violates the federal Hyde-Weldon Conscience Protection Amendment (Sec. 507 of the 2014 Consolidated Appropriations Act) that prohibits states from discriminating against a health care entity because it does not provide abortion coverage. They say that denying approval of their plans that do not cover abortions amounts to illegal discrimination. Alliance Defending Freedom issued a press release announcing the filing of the Oct. 9 complaint.