Religion Clause

Monday, November 03, 2014

Supreme Court Hears Oral Arguments On Passport Designation For Americans Born In Jerusalem

The U.S. Supreme Court today heard oral arguments in Zivotofsky v. Kerry, involving a dispute between Congress and the Executive Branch over the constitutionality of a statute that calls for the State Department to change its policy and allow "Israel" rather than "Jerusalem" to be listed as the birthplace of Americans born in Jerusalem. The full transcript of the arguments are available on the Court's website. SCOTUSblog has a detailed report on the arguments, suggesting that the various justices were playing "diplomat for a day." This is the second time the case has been before the Supreme Court. (See prior posting.)

Certiorari Denied In NYC Pregnancy Center and Texas Episcopal Church Property Cases

The U.S. Supreme Court today (Order List) denied review in two groups of cases of interest to Religion Clause readers.

The first involved a challenges to the New York City ordinance requiring pregnancy service centers to disclose various items to potential clients. The 2nd Circuit upheld (by a 2-1 vote) the requirement to disclose whether or not there is a licensed medical provider on staff. It unanimously struck down the requirements to disclose whether or not the center provides or refers out for abortion, emergency contraception and prenatal care, and a requirement to disclose that the New York health department encourages women who may be pregnant to consult a licensed medical provider. (See prior related posting.) The cases are Evergreen Association, Inc. v. New York, NY, Docket No. 13-1462, cert. denied 11/3/2014) and Pregnancy Care Center v. New York, NY, (Docket No. 13-1504, cert. denied 11/3/2014). Reuters reports on the denial of review.

The Supreme Court also denied review in Episcopal Church v. Episcopal Diocese of New York, (Docket No. 13-1520, cert. denied 11/3/2014). The petition involved related decisions by the Texas Supreme Court in two cases holding that the neutral principles approach must be used in deciding ownership of property of the break-away Fort Worth diocese. (See prior posting.) AP reports on the Supreme Court's action.

Issues of Interest on Tomorrow's State Ballots

Tomorrow is election day. Here are some of the ballot issues in various states that may be of interest to Religion Clause readers:

Alabama- Statewide Amendment 1: Alabama Foreign Laws In Court.
Colorado- Amendment 67: Definition of Personhood.
Illinois- Advisory Question: Birth Control in Prescription Drug Coverage.
North Dakota- Measure 1: Life Begins At Conception Amendment.
Tennessee- Amendment 1: Legislative Powers Regarding Abortion.

Sunday, November 02, 2014

Israel's Cabinet Approves Regulation That Will Ease Conversions To Judaism

In a controversial move, Israel's cabinet today approved an administrative regulation that will permit municipal chief rabbis to create conversion courts. The Jerusalem Post reports that the new regulation, which is strongly opposed by the Chief Rabbinate and haredi (ultra-Orthodox) political parties, will ease the way for conversion for many Russians who emigrated to Israel under the Law of Return. The government's action came as the Knesset threatened to pass its own bill. Using the route the cabinet did makes it easier to repeal the decision in the future.

Recent Prisoner Free Exercise Cases

In Turner v. Hamblin, (7th Cir., Oct. 27, 2014), the 7th Circuit affirmed the dismissal of a Muslim inmate's complaint that Islamic services were canceled when non-prisoners were unavailable to lead them, while Christian services were never canceled.

In Lewis v. Grounds, 2014 U.S. Dist. LEXIS 152288 (SD IL, Oct. 28, 2014), an Illinois federal district court permitted a Hebrew Israelite inmate to proceed with his claim that the prison grooming policy requires him to violate his Nazarite vow to never cut his "hairlocks."

In Bailey v. Ingram, 2014 U.S. Dist. LEXIS 152493 (ED KY, Oct. 24, 2014), a Kentucky federal district court dismissed a Catholic Cherokee inmate's complaint that he was terminated from his kitchen job for attending a Christian religious encounter event rather than reporting for work.

In Manges v. Harman, 2014 U.S. Dist. LEXIS 152969 (ND IN, Oct. 29, 2014), an Indiana federal district court dismissed most of the claims by an inmate described as a "serial grievance filer" who complained of various instances in which he was prevented from attending Eastern Orthodox religious services. However the court permitted him to move ahead on two retalitation claims.

In Hollins v. Munks, 2014 U.S. Dist. LEXIS 153462 (N.D. Cal.Oct. 29, 2014), a California federal district court dismissed a complaint by a Muslim inmate that he had not received a Halal diet.

In Comundoiwilla v. Liles, 2014 U.S. Dist. LEXIS 153593 (E CA, Oct. 29, 2014), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was not permitted to attend congregational Jumu'ah prayer services for two years because of his confinement status.

In Cash v. Armstrong, 2014 U.S. Dist. LEXIS 153739 (ED TN, Oct. 29, 2014), a Tennessee federal district court permitted an inmate to proceed with his complaint that he was not adequately furnished items he needed for his planned conversion to Islam.

Federal District Court Holds Humanism Is A Religion

In American Humanist Association v. United States, (D OR, Oct. 30, 2014), an Oregon federal district court held that "Humanism is a religion for Establishment Clause purposes," observing that "such a view is consistent with longstanding Supreme Court jurisprudence." The holding comes in a case in which a federal prisoner sought recognition of Humanism so the prison would create a Humanist study group.

Extremist Hindu Groups In India Using Violence To Prevent Hindu-Muslim Marriages

Today's New York Times carries an opinion piece on right-wing extremist Hindu groups in India that are using violence to stop marriages between Hindu women and Muslim men, saying in part:

right-wing politicians have used the boogeyman of love jihad in states with sizable Muslim populations like Gujarat and Maharashtra to present themselves as the protectors of Hindu virtue and win Hindu votes. Their behavior fit the descriptions of a hate crime, although no charges have ever been filed against them.

Saturday, November 01, 2014

Philadelphia Passes Hate Crimes Ordinance

The Philadelphia Inquirer reports that on Thursday Philadelphia City Council unanimously passed Bill No. 140720 (full text) which provides an additional penalty of up to 90 days in jail and a $2000 fine where any of several crimes are motivated by hatred toward the actual or perceived sexual orientation, gender or gender identity, or disability of the victims. It is expected that Mayor Nutter will sign the bill into law.

Egyptian Court Sentences Men In Gay Wedding Party To 3 Years In Prison

AP reports tht in Egypt today, 8 men who were shown in an Internet video as part of a same-sex wedding party were each sentenced to 3 years in prison for "inciting debauchery." According to AP:

The verdict is the latest in a crackdown by authorities against gays and atheists. The campaign also targets liberal and pro-democracy activists and violators of a draconian law on street protests.

(See prior related posting.)

Abuse Victim Awarded $13.5 M In Suit Against Jehovah's Witness Watchtower Society

The San Diego Union Tribune reports that last Wednesday a California state trial court judge awarded compensatory and punitive damages totalling $13.5 million to 36-year old Jose Lopez who, in 1986 as a 7-year old child, was sexually molested by Jehovah's Witness church leader Gonzalo Campos. After the victim's mother reported the abuse the church decided Campos was repentant, and he rose through the ranks, was expelled for a few years after another victim came forward, but was then reinstated. The judge had previously imposed sanctions on the church's governing body, the Watchtower Bible and Tract Society of New York, for not producing documents, and it was precluded from presenting evidence in defense in the 6-day trial.

Friday, October 31, 2014

GITMO Detainee Seeks End To Use of Female Guards In Transporting Him

On Oct. 16, lawyers for Guantanamo detainee Abdul Hadi al Iraqi filed an Emergency Motion (full text, redacted) with the Military Commission seeking an order to prohibit female guards from being used during al Iraqi's transfers to and from hearings and meetings with attorneys. Al Iraqi's Muslim beliefs prohibit him from having physical contact with women, which occurs during guards' shackling and unshackling him. In seeking relief, al Iraqi's attorneys cite RFRA, as well as the 1st, 5th and 6th Amendments. A hearing on the motion is scheduled for Nov. 17. Reporting on developments, the Miami Herald focuses on the decision by military censors to black out references to "female" and "male" in the redacted version of the motion.

Justice Alito Gets Award From St. Thomas More Society

The St. Thomas More Society of Maryland yesterday presented U.S. Supreme Court Justice Samuel Alito with its "Man for All Seasons Award." According to The Daily Record, Catholic groups have particularly praised Alito for his majority opinion earlier this year in Burwell v. Hobby Lobby Stores. The award was presented to Justice Alito at the Society's Red Mass Banquet.

Florida Supreme Court Removes Trial Judge For Promoting Her Faith-Based Business From Courtroom

In Re: Judith Hawkins, (FL Sup. Ct., Oct. 30, 2014), the Florida Supreme Court, imposing a harsher penalty than recommended by a Hearing Panel (see prior posting), removed a Florida trial court judge from the bench. One of the major charges against Judge Hawkins was that she used her judicial office to promote her business, Gaza Road Ministries, and her book based on Biblical stories. She sold her Gaza Road Ministry products to lawyers appearing before her, promoted the products online wearing her judicial robes, and used her judicial assistant to promote and produce the products. She also failed to pay state sales tax on the sale of her books and failed to register her business. AP reports on the court's decision.

IRS Approves Leave-Based Programs That Contribute To Non-Profits Fighting Ebola

On Wednesday, the Internal Revenue Service announced the release of Notice 2014-68 that encourages contributions to non-profits, including religious non-profits, that are engaged in fighting the Ebola outbreak in Guinea, Liberia, and Sierra Leone. Under the ruling, employers may set up leave-based programs under which the employer will make a contribution to fight Ebola when an employee forgoes vacation, sick leave or personal leave. Contributions made by the employer will not be considered gross income or wages of the employee. Concomitantly, the employee may not claim a charitable deduction for the payments.

Thursday, October 30, 2014

4th Circuit Hears Oral Arguments In County Board Invocation Policy

Tuesday's arguments (audio of full arguments) in Hudson v. Pittsylvania County, Virginia are now available on the 4th Circuit Court of Appeals' website. In the case, a Virginia federal district court held that the prayer policy of Pittsylvania County differed from the policy upheld by the U.S. Supreme Court in the Town of Greece case. (See prior posting.) Much of Tuesday's 4th Circuit arguments focused on the timeliness of the appeal and liability for legal fees. Go Dan River reports on the oral arguments.

Catholic Hospital's Disability Plan Does Not Qualify As A "Church Plan" Exempt From ERISA

In Hanshaw v. Life Insurance Company of North America, (WD KY, Oct. 24, 2014), a Kentucky federal district court held that a long term disability insurance plan offered to its employees by a Catholic hospital is covered by ERISA and does not qualify as an exempt "church plan." The court held that even if it is sufficient to qualify for an exemption that a plan is established and maintained by an organization affiliated with a church rather than by the church itself, ERISA also requires that the organization have as its principal purpose the administration or funding of a benefits plan. Here the hospital's primary purpose is the provision of health care, not the administration of a benefits plan. Since the plan is covered by ERISA, the court upheld defendant's removal of the case to federal court.

New York's Top Court OKs Marriage With Half-Niece

In Nguyen v. Holder, (NY Ct. App., Oct. 28, 2014), the New York Court of Appeals-- the state's highest court-- answering a question certified to it by the Second Circuit, held that a marriage between a man and his half-niece (i.e. between a woman and her mother's half-brother) is not void as incestuous under the state's Domestic Relations Law. The issue arose in an immigration proceeding involving a woman who claimed permanent residency status by reason of her marriage to an American citizen. New York Post reports on the decision. [Thanks to Alliance Alert for the lead.]

Signatures Sought For Mississippi Amendment Affirming State's Christian and Southern Heritage

After its filing was approved earlier this month by the Mississippi Secretary of State, the Magnolia State Heritage Campaign is seeking to obtain the 107,000 signatures needed to place Initiative 46, the Mississippi Heritage amendment (full text), on the 2016 ballot. Among the provisions in the lengthy proposed state constitutional amendment is the following:

The State of Mississippi hereby acknowledges the fact of her identity as a principally Christian and quintessentially Southern state, in terms of the majority of her population, character, culture, history, and heritage, from 1817 to the present; accordingly, the Holy Bible is acknowledged as a foremost source of her founding principles, inspiration, and virtues; and, accordingly, prayer is acknowledged as a respected, meaningful, and valuable custom of her citizens. The acknowledgments hereby secured shall not be construed to transgress either the national or the state Constitution’s Bill of Rights.

Hotty Toddy yesterday reported on the Initiative.

Buddhist Group Presses Burma Parliament To Restrict Interfaith Marriage

According to a report yesterday from The Irrawaddy, in Burma the influential Association for the Protection of Race and Religion (known as Ma Ba Tha) is organizing demonstrations calling for passage of the Interfaith Marriage Bill that the Buddhist nationalist organization first proposed last year. Prompted by concerns over Buddhist women marrying Muslim men, the bill would require Buddhist women to obtain permission from their parents and government authorities before marrying a man of another faith. It would also require the man to convert to Buddhism. The bill is strongly opposed by women's rights and other civil society organizations.