Religious Conservatives Oppose Proposal To Ban Transgender Discrimination

The Miami Herald reports that yesterday a Committee of the Miami Dade County (Florida) Commission by a vote of 3-1 approved a proposed Ordinance (full text) that would ban discrimination based on gender identity or gender expression in public accommodations, employment and housing. The Committee's 4-hour public hearing on the proposal was filled with testimony from religious conservatives opposing the proposal:

Raw emotion and invocations of biblical damnation over a proposed ban on discrimination against transgender people dominated Wednesday what was perhaps the fiercest debate Miami-Dade County Hall has seen this year.

Advocates of a more inclusive society, including transgender men and women who spoke of how difficult it can be to find public acceptance, were outnumbered by conservatives who, in a show of force, assailed the legislation as immoral and a threat to public safety. Two likened South Florida to Sodom and Gomorrah.

Sikh Student Sues For Accommodation To Enlist In ROTC

The ACLU yesterday announced the filing of a lawsuit on behalf of a Sikh college student who was refused a religious accommodation to permit him to enlist in the ROTC program at Hofstra University.  The complaint (full text) in Singh v. McHugh, (D DC, Nov. 12, 2014), contends that plaintiff's rights under the Religious Freedom Restoration Act were violated:

As a practicing Sikh, Mr. Singh’s religious beliefs require him to maintain long hair and wear a turban and beard. Defendants have refused to allow Mr. Singh to enlist in ROTC unless he agrees to abandon these practices upon enrolling as a Cadet. Specifically, Defendants will not allow Mr. Singh to enlist in ROTC unless he agrees to follow all Army grooming and uniform regulations, which would require him to cut his hair, remove his turban, and shave off his beard.

Singh, who is fluent in Punjabi, Hindi, and Urdu, wants to become a military intelligence officer. The military says it will not consider Singh's request for an accommodation until he formally enlists and complies with the grooming and uniform regulations.

Supreme Court Lifts Stay On Same-Sex Marriages In Kansas

The U.S. Supreme Court issued an order (full text) late afternoon today vacating the temporary stay initially granted by Justice Sotomayor in Moser v. Marie.  Justices Thomas and Scalia dissented indicating they would grant the stay.  The Court's action gives effect to a preliminary injunction against Kansas' same-sex marriage ban that was issued by a federal district court last week. (See prior posting.) Washington Post reports on the Supreme Court's action. [Thanks to Tom Rutledge for the lead.]

Army Studying Religious Requirement for ROTC Prof At Christian College

Fox News reported yesterday that the U.S. Army is conducting a review of its ROTC policies after a queston was raised as to whether Wheaton College, a Christian school, can require that its lead professor of military science be of the Christian faith. The Military Religious Freedom Foundation, which complained to the Army, contends that the Army cannot impose a religious test for an assignment.

Pope Francis Creates New Judicial Body To Speed Up Sex Abuse Claims

Religion News Service and Vatican Radio report that Pope Francis has created a new 7-member judicial body within the Congregation for the Doctrine of the Faith to speed up the handling of complaints against priests alleging sexual abuse of minors.  The new body will deal with cases initially screened by local bishops. It will also deal with serious abuses of the Sacrament of Penance.  Complaints against bishops will continue to be handled by the full Congregation for the Doctrine of the Faith. The full text of the Pope's rescript which came into force yesterday is available in Italian.

Suit Challenges Ban On Prayer Group During High School Free Period

A Christian high school student filed suit last week against a Colorado Springs high school claiming that his 1st and 14th Amendment rights were infringed by a school policy that allowed students to congregate informally for a variety of activities during certain home room periods, but barred students meeting for purposes of prayer, religious songs and religious discussion.  Religious activities were allowed only before and after school.  The complaint (full text) in Windebank v. Academy School District #20, (D CO, filed 11/7/2014), seeks an injunction, attorneys' fees and nominal damages.  An ADF press release announced the filing of the lawsuit.

International Parliamentary Group Promoting Religious Freedom Is Formed

According to a press release from the U.S. Commission on International Religious Freedom, on November 8 in Oslo, Norway, the International Panel of Parliamentarians for Freedom of Religion or Belief was formally launched. Thirty Parliamentarians from 18 countries signed a Charter for Freedom of Religion or Belief,

Suit Challenges Old Amendments to United Effort Plan Trust

The Salt Lake Tribune reported yesterday on a lawsuit filed in Utah state court in September, but which has so far gone largely unnoticed. Some 33 plaintiffs-- some one-time FLDS Church leaders-- are asking the court to invalidate 1998 amendments to the United Effort Plan Trust (UEP) that holds property of residents in the twin towns of Hilldale, Utah and Colorado City, Arizona.  They seek to invalidate amendments that effectively gave control of the trust to FLDS Church leader Warren Jeffs. Those amendments made FLDS membership a condition of being a trust beneficiary, and led to the eviction from their homes of non-members. Attorneys for UEP have asked the court to consolidate the case with the ongoing Probate Court proceedings which are revising the terms of the Trust.

Kansas Same-Sex Marriage Ruling Generates Flurry of Appeals

The issuance by a Kansas federal district court on Nov. 5 in Marie v. Moser of a preliminary injunction against Kansas' ban on same-sex marriages has generated a flurry of appeals. That preliminary injunction was to take effect today. (See prior posting.)

On Nov. 6, Kansas filed an emergency motion with the 10th Circuit to stay the district court's injunction to give Kansas time to seek an initial appeal to the 10th Circuit en banc.  Three-judge panels of the 10th Circuit have already ruled against same-sex marriage bans in Utah and Oklahoma. (Kansas AG's statement.)  On Nov. 7, the 10th Circuit denied the motion for a stay. Yesterday, Kansas filed a stay application (full text) with U.S. Supreme Court Justice Sonia Sotomayor, and Justice Sotomayor issued an order (full text) staying the preliminary injunction until today and ordering plaintiffs to file a response by this afternoon.

Meanwhile, in a Nov. 7 opinion (full text), the district court denied the motion by Westboro Baptist Church to intervene in the appeal so that it can raise religiously-based arguments against same-sex marriage. (See prior posting.) WBC immediately filed a Notice of Appeal with the 10th Circuit. Yesterday's Topeka Capital-Journal reports on developments.

Los Angeles Monsignor Cleared of Abuse Charges In Canon Law Trial

In a press release issued last Saturday, the Catholic Archdiocese of Los Angeles announced that after ten years of investigation and a Canon Law trial, Monsignor Richard Loomis has been cleared of sexual abuse charges. AP reports that Loomis has been on inactive leave since charges against him surfaced in 2003.  The attorney for the alleged victim (who long ago filed a civil suit) says that the molestation occurred between 1968 and 1971 when Loomis was a teacher at a Catholic high school and had not taken his final vows. Apparently the alleged victim was never contacted in the church investigation.

Man Charged With Criminal Mischief For Placing Protest Stickers On Courthouse Church Directory

The Athens (Ohio) News reports that a pre-trial is scheduled today on criminal mischief charges against 69-year old Eliot Kalman who plastered over a framed glass Church Directory on the Athens (Ohio) County courthouse with stickers. Kalman placed a sticker advocating church-state separation on the glass of the directory that lists some 40 local churches. He has been in communication with the county since 2011 objecting to the Directory which is maintained by the Athens County Ministerial Association. The Directory was first put up in the 1940's by the Athens Christian Education Committee. The directory includes two non-Christian religious groups.

Israeli Rabbis Debate Jewish Prayer On Temple Mount

Today's Jerusalem Post reports on the halachic (Jewish religious law) dispute between haredi and national religious rabbis in Israel over whether it is permissible for Jews to visit the Temple Mount, now the location of Muslim holy sites.  The issue has taken on new urgency since the attempted assassination last month of Rabbi Yehudah Glick, leader of the Temple Mount Heritage Foundation that promotes the right of Jews to pray on the Mount in preparation for restoring of a third Jewish Temple there. (Background). In recent weeks there have been increased clashes between Arab demonstrators and police in Jerusalem. (Background).

USCIRF Issues Report On Burma As Obama Visit Approaches

In advance of President Obama's trip to Burma (Myanmar) later this week, the U.S. Commission on International Religious Freedom issued a report titled Burma: Religious Freedom and Related Human Rights Violations are Hindering Broader Reforms.  In a Nov. 6 press release summarizing the Report, USCIRF said in part:

USCIRF focused on four key issues in its mission: discrimination and horrible abuses against Rohingya Muslims; broader patterns of intolerance against Muslims driven by bigotry and chauvinism among religious and political figures that also impact all other minority religious communities in Burma; laws, policies and proposed legislation that entrench multiple forms of discrimination; and deprivation of citizenship to Rohingya Muslims and prejudicial practices in the issuance of identification documents to all Muslims.

Recent Articles of Interest

From SSRN:

• John Witte, Religion, (Dinah Shelton, ed., "The Oxford Handbook of International Human Rights Law" (New York/Oxford: Oxford University Press, 2014): 9-31 (with M. Christian Green)).
• William M. Janssen, Led Blindly: One Circuit's Struggle to Faithfully Apply the U.S. Supreme Court's Religious Symbols Constitutional Analysis, (West Virginia Law Review, Vol. 116, p. 33, 2013).
• William M. Janssen, Toiling in the Lemon Groves: Prelude to the Endorsement Test, (Charleston Law Review, Vol. 7, p. 691, 2013).
• C.G. Bateman, Method and Metaphysics: A Legal Historian's Canon, (The Journal Jurisprudence, Volume 23, pp. 255-312, September 2014).
• Edward A. Morse, Health Accounts/Arrangements: An Expanding Role Under the Affordable Care Act?, (NYU Review of Employee Benefits, 2014).
• Lorenzo Zucca, A Genealogy of State Sovereignty, (Theoretical Inquiries in Law, Forthcoming).
• Pnina Lahav, Current Challenges: Gender and New Forms of Political Activism, (Boston Univ. School of Law, Public Law Research Paper No. 14-71, 2014).
• Eliaabeth Wicks, Dying with Conscience: The Potential Application of Article 9 ECHR to Assisted Dying, (University of Leicester School of Law Research Paper No. 14-26, 2014).
• Law and ChristianityNathan B. Oman, Need for a Law of Church and Market, (Duke Law Journal Online, Forthcoming).
• Richard Delgado & Jean Stefancic, Hate Speech in Cyberspace, (Wake Forest Law Review, Vol. 49, 2014).
• Angela Cameron, Angela Chaisson & Jena McGill, The Law Society of Upper Canada Must Not Accredit Trinity Western University's Law School, (October 22, 2014.
• John Witte & Christopher Manzer, A Prequel to Law and Revolution: A Long Lost Manuscript of Harold J. Berman Comes to Light, (Journal of Law and Religion, Vol. 29 (2014) 142-169).

Fom SSRN: Law and Christianity

• John Witte, From Gospel to Law: The Lutheran Reformation and Its Impact on Legal Culture, (Mark A. Noll and Tal Howard, eds., Protestantism? Reflections in Advance of the 500th Anniversary of the Protestant Reformation, 1517-2017, Forthcoming).
• John Witte, John & M. Christian Green, Freedom, Persecution, and the Status of Christian Minorities, (Blackwell Companion to World Christianity, Basil Blackwell, 2014, Forthcoming).
• John Witte, Sex and Marriage in the Protestant Tradition: 1500-1900, (Adrian Thatcher, ed., Oxford Handbook on Theology, Sexuality, and Gender (Oxford: Oxford University Press, 2014), Forthcoming).

From SSRN: Law and the Mormon Church

• Cheryl B. Preston, 'The Spiritual Concept of Form and Function as One': Structure, Doctrine, and The Church of Jesus Christ of Latter-Day Saints, (53(3) BYU Studies Quarterly 37-76 (2014)).
• Nathan B. Oman, Doux Commerce in the City of God: Trade and the Mormon Ideal of Zion, William & Mary Law School Research Paper No. 09-289 (2014)).

Recent Prisoner Free Exercise Cases

In Hall v. Sutton, 2014 U.S. App. LEXIS 21073 (7th Cir., Nov. 5, 2014), the 7th Circuit affirmed the district court's grant of qualified immunity in a challenge to a prison's two-meal practice during Ramadan and its delay of the Eid-ul-Fitr celebration.

In May v. Snaza, 2014 U.S. Dist. LEXIS 156088 (WD WA, Nov. 4, 2014), a Washington federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 156027, Oct. 8, 2014) and dismissed without prejudice a Muslim inmate's claim that his transfer to a different jail violated his free exercise rights because he was then denied Ramadan meals, Jumu'ah prayer services, and an Islamic leader and literature, and had a delay in being placed on a vegetarian diet.

In Ajala v. West, 2014 U.S. Dist. LEXIS 156618 (WD WI, Nov. 4, 2014), a Wisconsin federal district court dismissed Muslim inmates' claims that prison authorities refused to accommodate their Ramadan fast and have a special meal for Eid al-Fitr. Plaintiffs though were permitted to file additional material on their claim that their 2012 Ramadan request was refused.

7th Circuit Upholds Northwestern University's Cut-Off of Chabad House

In Lubavitch-Chabad of Illinois, Inc. v. Northwestern University, (7th Cir., Nov. 6, 2014), the U.S. 7th Circuit Court of Appeals rejected a claim by Chabad House Rabbi Dov Hillel Klein at Northwestern University that his rights under 42 USC Sec. 1981 were violated when the University ended its affiliation with Chabad House because of underage student drinking there. Section 1981 bars racial discrimination in making or enforcing contracts. The disaffiliation resulted in non-renewal of the rabbi's contract to supervise kosher food supplied to Northwestern. The court concluded:

[T]he only discrimination ... alleged is that the university staff did not take the same measures against student organizations that it did against the Chabad house, even though, as is well known, excessive (and underage) drinking is common in such organizations, notably fraternities. But unlike Chabad houses, fraternities are not managed by adults and are components of the university rather than separate entities merely affiliated with it. And the fraternity drinking incidents to which Klein refers occurred before the current vice president of student affairs assumed office, so leniency regarding such drinking was the policy of a different decision‐maker.

Settlement Reached In Case of Sikh IRS Employee's Wearing of Kirpan

A settlement has been reached in the case of a Sikh employee of the Internal Revenue Service who lost her job after she insisted on wearing her kirpan into her federal office building. As reported this week by the Houston Chronicle and in a Becket Fund press release, the settlement was reached shortly after the trial of RFRA claims began in the case that was on remand from the 5th Circuit. (See prior posting.) Under the settlement, plaintiff Kawaljeet Tagore's firing is expunged from her record. She may not seek re-employment with the IRS, but may apply to other federal agencies.  She is allowed to enter federal buildings with her kirpan for a period of three years. Finally she is awarded $400,000 for lawyers' fees and expenses.

Challenge To Tennessee Limittions On LGBT Protections Dismissed On Standing and Mootness Grounds

In Howe v. Haslam, (TN App, Nov. 4, 2014) (Farmer, J opinion for court)  (Stafford, J concurring) (McBrayer, J concurring in part), the Tennessee Court of Appeals dismissed on a combination of mootness and standing grounds a challenge to Tennessee statutes that effectively prevent local governments from enacting civil rights protections to ban discrimination on the basis of sexual orientation or gender identity.  At issue are provisions of state law that amend Tennessee's state anti-discrimination law to define "sex" to mean the designation of male or female on one’s birth certificate, and then generally prohibit local governments from imposing anti-discrimination standards that deviate from those in state law.

Humanist Sues Navy Over Rejection of His Chaplaincy Application

Stars and Stripes reported yesterday that a lawsuit has been filed in federal district court for the Northern District of Virginia by a religion scholar and former youth minister whose application to become the Navy's first Humanist chaplain was turned down.  Plaintiff Jason Heap, who filed suit along with the Humanist Society, claims that political opposition to a Humanist as a chaplain derailed his application. (See prior related posting.) He contends that he holds his Humanist beliefs with the same strength and sincerity as believers in traditional religions hold theirs.  He says that his rejection violated his constitutional rights and asks the court to order his instatement as a Navy Chaplain. The suit names various Navy and Defense officials as defendants. Last week in an unrelated case, an Oregon federal district court held that Humanism is a religion for Establishment Clause purposes. (See prior posting.)

NYT Surveys Increasing Persecution of Rohingya By Myanmar

The New York Times in a lengthy article posted yesterday surveys the increasing persecution of the Rohingya Muslims by the government of Myanmar. Here is an excerpt:

The Myanmar government has given the estimated one million Rohingya people in this coastal region of the country a dispiriting choice: Prove your family has lived here for more than 60 years and qualify for second-class citizenship, or be placed in camps and face deportation.

The policy, accompanied by a wave of decrees and legislation, has made life for the Rohingya, a long-persecuted Muslim minority, ever more desperate, spurring the biggest flow of Rohingya refugees since a major exodus two years ago.