Federal District Court Issues Preliminary Injunction Against Kansas Same-Sex Marriage Ban

In Marie v. Moser, (D KS, Nov. 4, 2014), a Kansas federal district court issued a preliminary injunction barring Kansas officials from enforcing any law that prohibits the issuance of marriage licenses to same-sex couples. However, because of lack of standing, the injunction does not extend to Kansas provisions that prohibit the recognition of same-sex marriages performed elsewhere. The court stayed its injunction until Nov. 11 to give defendants time to appeal to the 10th Circuit. The 10th Circuit has already struck down same-sex marriage bans in Utah and Oklahoma. The Topeka Capital-Journal reports on the decision.

Home Province British Columbia Reverses Approval of Christian Law School

In Canada, the controversial Trinity Western University has been dealt a severe setback in its efforts to create a law school based on Christian teachings.  As reported yesterday by Life Site News, benchers of the British Columbia Law Society have voted to rescind their previous approval of the law school after a referendum of the entire membership voted 3 to 1 against the school because of its "community covenant" which requires staff, faculty and students to refrain, among other things, from sex outside of heterosexual marriage. (See prior posting.) Because the school is based in British Columbia, it will be particularly difficult to operate if students are ineligible for bar membership in their home province. The school is now considering whether to appeal the decision to the courts.

Suit Challenges Rules For Preaching On Boardwalk

A lawsuit was filed in New Jersey federal district court last week challenging the regulations governing preaching and distributing religious material on the Boardwalk at Point Pleasant Beach, NJ.  The complaint (full text) in Paoella v. Borough of Point Pleasant Beach, New Jersey, (D NJ, filed 10/24/2014), alleges:

Plaintiff, as an exercise of his Christian beliefs, intends to go to the public areas of the Boardwalk, hold a sign expressing a religious message, and speak about God and hand out religious literature to those who wish to receive his message. 

However the Borough insists that in order to do so, plaintiff Joseph Paoella must first submit a "hold harmless" agreement, a "Religious Activities Application and Facility Use Form," a Memorandum of Understanding, and proof of insurance satisfactory to the Municipal Clerk. Paoella alleges that his violates his rights under the 1st and 14th amendment as well as comparable state constitutional protections.  NJ Advance Media reports on the filing of the lawsuit.

Overview of Malaysian Dispute On Use of "Allah" By Non-Muslims To Refer To God

Today's New York Times carries an interesting overview of the conflict in Malaysia regarding non-Muslims speaking or writing in the Malay language using the word "Allah" to mean "God."  Christians , who make up 10% of Malasia's population, regularly use the term, while the country's Islamic councils say it is reserved for Muslims.

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.

Recent Articles of Interest

From SSRN:

• Terri Day, Leticia M. Diaz & Danielle Weatherby, A Primer on Hobby Lobby: For-Profit Corporate Entities’ Challenge to the HHS Mandate, Free Exercise Rights, RFRA’s Scope, and the Nondelegation Doctrine, (October 26, 2014).
• Mohamad A. Arafa, Islamic Policy of Environmental Conservation: 1,500 Years Old – Yet Thoroughly Modern, (16 European J. L. Reform 2 (EJLR), Special Issue on Islamic Law (Spring 2014)).
• Steven Douglas Smith, Equality, Religion, and Nihilism, San Diego Legal Studies Paper No. 14-169 (2014)).
• Paul Horwitz, The Hobby Lobby Moment, (Harvard Law Review, Forthcoming).
• John Witte, Religious Sources and Dimensions of Human Rights, (G. J. Buis, J. T. Sunier, and P.G.A. Veenstra, eds., "Risky Liasions? Democracy and Religion: Reflections and Case Studies" (Amsterdam: VU University Press, 2013)).
• Thomas C. Berg, Religious Accommodation in the Welfare State, (Harvard Journal of Law and Gender, 2014, Forthcoming).
• Andrew Coleman, The Islamic State and International Law: An Ideological Rollercoster?, (October 29, 2014).
• Kathryn Chan, The Co-Optation of Charitable Resources by Threatened Welfare States, (Queen's Law Journal, Vol. 40, 2015, Forthcoming).
• Khrista Johnson, The Charitable Deduction Games: Catching Change, (Georgia State University Law Review, Vol. 30, No. 4, 2014).
• Khrista Johnson, The Charitable Deduction Games: Are the Laws in Your Favor?, (Columbia Journal of Tax Law, Vol. 5, 2013).
• Clarke Jones, Are Prisons Really Schools for Terrorism? Challenging the Rhetoric on Prison Radicalisation, (Punishment and Society 16(1): 74-103 (2014)).

From elsewhere:

• C.G. Bateman, Method and Metaphysics: A Legal Historian’s Canon, ((2014) Journal of Jurisprudence 255.
• Faisal Kutty, Creeping Sharia or Conspicuous Islamophobia, Columbia Journal of International Affairs, Oct. 28, 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. 

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.

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.

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.