Paper Says Israel's Outgoing Government Failed To Remove Advantages to Haredi Community

As Israel moves toward new parliamentary elections in March, yesterday's Jerusalem Post carried a lengthy article detailing the modest progress, at best, made by the outgoing coalition government on the goal of ending special benefits enjoyed by the country's ultra-Orthodox Jewish population.

Supreme Court Will Review 5th Circuit Decision On Specialty License Plates

As reported by SCOTUS blog, yesterday the U.S. Supreme Court granted certiorari in Walker v. Sons of Confederate Veterans, (Docket No. 14-144, cert. granted 12/5/2014). (Order List). In the case, the 5th Circuit Court of Appeals held in a 2-1 decision that messages on state specialty license plates are private speech, not government speech.  The majority also concluded that the Texas Department of Motor Vehicles Board engaged in unconstitutional viewpoint discrimination when it rejected a specialty plate design that included the Confederate battle flag. Texas rejected the design because many members of the public found it offensive.  (See prior posting.) The petition for certiorari focused on two issues-- whether messages and images on specialty plates are government speech; and whether denial of a plate can involve viewpoint discrimination if the state never issued a plate expressing a different message on the same subject.

Reporting on the Court's grant of cert., the Washington Post points out that the Court still has before it a petition for certiorari in ACLU v. Tata involving North Carolina's authorization of a "Choose Life" specialty plate while it refused to issue a pro-choice plate. (See prior posting.)

Georgetown Law Student Sues Rabbi Accused of Mikvah Voyeurism

As previously reported, in October Rabbi Barry Freundel, head of Washington, D.C.'s Kesher Israel synagogue, was arrested for electronic voyeurism. Freundel was charged with using hidden cameras at the synagogue's mikvah (ritual bath) so he could view women disrobing there. Freundel was also an adjunct professor at Georgetown Law School where he co-taught a seminar.  The Washington Post and The Forward report that last Tuesday a female Georgetown Law student filed a class action against Kesher Israel, the National Capital Mikvah and Georgetown Law School, alleging that:

Defendants turned a blind eye to obvious signs of Freundel’s increasingly bizarre behavior, ignoring the bright red flags that Freundel was acting inappropriately with women subjected to his authority.

The Jewish student says that she used the Mikvah twice as part of her research for a paper titled "The Mikvah: Expanding the Ritual for Jewish Women," and each time Freundel accompanied her to the changing room and then left.

UPDATE: The Forward (Dec. 24) reports that two additional suits, also seeking class action status, were filed against Kesher Israel and the Rabbinical Council of America on Dec. 2 and Dec. 18 respectively.  The suits claim that defendants should have acted sooner to remove Freundel from his positions of authority.

Cert. Petition Filed In Challenge To New Jersey Ban On Reparative Therapy For Minors

On Wednesday, a petition for certiorari (full text) was filed with the U.S. Supreme Court in King v. Governor of New Jersey.  In the case, the 3rd Circuit upheld New Jersey's statute barring professional counselors from engaging in sexual orientation change therapy with minors. (See prior posting.)  Liberty Counsel issued a press release announcing the filing of the petition for review.

French Court Says Local Council's Nativity Scene Violates Principle of Secularism

On Tuesday in France, the Nantes administrative court ruled that the traditional nativity scene that for years has been placed at the entrance to the Vendee government's council building in La Roche-sur-Yon must be removed. As reported by The Local, the court held that the display is inconsistent with the principle of secularism (laicitie) embodied in France's 1905 Law on Separation of Churches and State. The ruling came in a case filed by the local Free Thinking Association, and shortly after a Belgian activist group tore down a nativity scene in Brussels.

Israeli Court Rules Messianics' Commercial Guest House Cannot Reject Same-Sex Wedding Reception

In Israel, a Jerusalem district court has held that the Messianic Jewish village of Yad Hashmonah violated Israel's anti-discrimination laws when it refused to rent out their guest house facilities to a lesbian couple for a wedding reception.  According to yesterday's Israel Today, the court concluded that the guest house was operated as a secular commercial establishment open to the public and is thus subject to Israel's public accommodation anti-discrimination laws. It is completely separate from the village's religious meeting room.  The court, affirming a damage award equivalent to $15,000 (US), rejected the village's argument that "the laws regulating freedom of religion must protect us from allowing a ceremony in our backyard which is in complete contradiction to our faith."

Indian Court Orders Frozen Body of Spiritual Leader Released For Last Rites; Appeal Is Filed

In Chandigarh, India, officials of the spiritual organization Divya Jyoti Jagriti Sansthan petitioned the High Court of Punjab and Haryana for review by a Division Bench of a single judge's order issued on December 1 requiring last rites to be performed on the organization's leader Ashutosh Maharaj by December 15.  As reported by the Economic Times, Ashutosh was declared clinically dead by doctors last January. However some of his followers placed his body inside a deep freezer claiming that he had merely gone into a deep state of meditation (samadhi). Another follower, Dalip Kumar Jha, last April petitioned the High Court to release Ashutosh's body to him for last rites and also investigate the cause of Ashutosh's mysterious death.

UPDATE: On Dec. 15, a Division Bench of the High Court stayed the single judge's order, at least unitl the next hearing on Feb. 9. (AFP).

Marriage Equality Decision Stayed In Mississippi, But Not In Florida

In Campaign for Southern Equality v. Bryant, (5th Cir., Dec. 4, 2014), the U.S. 5th Circuit Court of Appeals granted a stay pending appeal of a district court injunction invalidating Mississippi's ban on same-sex marriage. (See prior posting.) In granting the stay, the court said:

It is not our task today to resolve the merits of this conflict in deciding the instant motion, however, we are convinced by the opinions of our sister circuits that “a detailed and in depth examination of this serious legal issue” is warranted before a disruption of a long standing status quo.

Meanwhile in Brenner v. Armstrong, (11th Cir., Dec. 3, 2014), the U.S. 11th Circuit Court of Appeals refused to extend beyond January 5 a previous stay of a federal district court decision handed down last August invalidating Florida's ban on same-sex marriage.  As reported by SCOTUS blog, the situation in Florida, however, is confused because of several state court rulings that have been stayed pending state court appeals.

5th Circuit Stays Execution of Man Who Believes His Sentence Is A Satanic Plot

On Wednesday, the U.S. 5th Circuit Court of Appeals stayed the execution of Scott Panetti in order to "fully consider the late arriving and complex legal questions at issue...." (Full text of court's decision.) As reported by Newsweek, Panetti (who was convicted of murdering the parents of his second wife) suffers from  schizophrenia, and his case brings back the question of when it is constitutionally permissible to execute someone who is mentally ill. (Background.)  According to Texas Defender Service, Panetti (acting without a defense lawyer) attempted at his trial to subpoena the Pope, John F. Kennedy, and Jesus.  He believes that his execution is being orchestrated by Satan, working through the State of Texas, to end his preaching the Gospel to condemned prisoners.

Fired Gay Church Music Director Files Discrimination Complaints

Yesterday's Chicago Tribune reports that Colin Collette, who had been employed for 17 years as a  music director at Holy Family Catholic Community in Inverness, Illinois, has filed discrimination complaints with the federal EEOC and the Cook County Human Rights Commission. Collette was fired in July after he announced that-- now that same-sex marriage is legal in Illinois-- he was engaged to be married to his longtime partner Will Nifong.  Collette says church leaders knew he was gay long before he posted his engagement notice on Facebook.  His complaints, naming a priest and a parish manager as respondents, allege discrimination on the basis of sex, sexual orientation and marital status.

D.C. Repeals Sexual Orientation Discrimination Exemption For Private Religious Schools

On Dec. 2, the District of Columbia City Council passed (vote history) B20-803 (full text) which repeals the religious educational institution exemption to certain provisions of the D.C. Human Rights Act.  The new law repeals D.C. Code Sec.2-1402.41(3) which read:

(3) Notwithstanding any other provision of the laws of the District of Columbia, it shall not be an unlawful discriminatory practice in the District of Columbia for any educational institution that is affiliated with a religious organization or closely associated with the tenets of a religious organization to deny, restrict, abridge, or condition -

(A) The use of any fund, service, facility, or benefit; or

(B) The granting of any endorsement, approval, or recognition, to any person or persons that are organized for, or engaged in, promoting, encouraging, or condoning any homosexual act, lifestyle, orientation, or belief.

Conservative Christian organizations opposed the bill, as reflected by this letter from Liberty Counsel.

White House Christmas Theme Announced

Yesterday the White House issued a press release captioned Information on White House Christmas 2014. It reveals that the theme for this year is "A Children's Winter Wonderland."  The release outlines at length the decorations in each part of the White House. It also highlights a high tech innovation:

For the first time ever this year, the White House hosted a 3D Printed Ornament Challenge, in collaboration with the Smithsonian and Instructables..... From a holiday Abe Lincoln and happy snowmen to a map of highways in the United States, the Challenge received over 300 designs, many of which were creative, whimsical and beautiful.....

The Challenge highlights the importance of the Maker Movement and the way that tools and technologies like 3D printing are enabling more people to take their ideas and turn them into reality. Educators are increasingly using technologies like 3D printing to engage students in a hands-on approach to learning about STEM.

Satanic Temple Gets OK For Its December Display In Florida Capitol

Slate reports that Florida's Department of Management Services this week officially approved an application by the Satanic Temple to place a religious display of an angel falling into a pit of fire in the Rotunda of the state capitol building from Dec. 22-29.  In a press release issued Tuesday, Americans United for Separation of Church and State said it had threatened to file a lawsuit on the Temple's behalf. The state last year rejected the Satanic Temple's request under rules that designate the Rotunda as an open forum for private speech, but allow exclusions of displays that are grossly offensive.

Court Dismisses Challenge By Theists To Kansas Science Standards

In COPE v. Kansas State Board of Education, (D KA, Dec. 2, 2014), a Kansas federal district court dismissed on 11th Amendment and standing grounds a challenge to the Kansas State Board of Education science Framework and Standards. Students, parents, taxpayers and a non-profit organization sued claiming that adoption of these guidelines "will cause Kansas public schools to establish and endorse a non-theistic religious worldview in violation of the Establishment, Free Exercise, and Speech Clauses of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment."  As further explained by the court:

Plaintiffs contend that the Standards ... use... deceptive methods to lead impressionable children to answer questions about the cause of life with only materialistic or atheistic answers.

In its 25-page discussion of standing, the court said in part:

The Court concludes that our Circuit, when confronted with plaintiffs’ standing argument in this case, would follow the reasoning used by the Seventh and District of Columbia Circuits and hold that plaintiffs lack standing to sue where the only injury alleged is based on a “message” of government endorsement of religion.

AP reports on the decision. COPE has links to pleadings in the case.

European Court Says Turkey Discriminated Against Alevi Houses of Worship

In Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfi v. Turkey, (ECHR, Dec, 2, 2014) (full text in French), the European Court of Human Rights in a Chamber Judgment held that Turkey had violated the European Convention on Human Rights (Art. 9 and 14) in its discriminatory treatment of Alevi houses of worship (cemevis),  As summarized by the Court's English language press release:

Turkish law reserved the exemption from payment of electricity bills to recognised places of worship and that, by excluding cemevis from the benefit of that status, it introduced a difference in treatment on the ground of religion.

Turkey's Daily News calls the decision a landmark ruling and says:

The Dec. 2 ruling comes after the Turkish government recently announced a fresh set of reforms aimed at answering the demands of Alevis. These reforms were greeted with considerable skepticism among Alevis, as they once again failed to recognize cemevis as official places of worship.

Chamber judgments are appealable to the Grand Chamber of the Court.

County Votes For Disclaimer On Courthouse Nativity Scene

In Baxter County, Arkansas, the Quorum Court (the equivalent of a county council) voted unanimously yesterday to add a sign containing a disclaimer to the Nativity Scene that traditionally goes up on the county courthouse lawn.  According to the Baxter Bulletin, the creche is put up and taken down by a private family on a portion of the lawn that is leased to the Chamber of Commerce for the display.  Reacting to last Christmas season's complaint from the Appignani Humanist Legal Center, the county approved the following disclaimer:

During the Holiday Season, the County of Baxter salutes liberty. Let these festive lights and times remind us that we are keepers of the flame of liberty and our legacy of freedom. Whatever your religion or beliefs, enjoy the holidays. This display is owned and erected by private citizens of Baxter County.

Mosques: Georgia Town Rejects One After Anti-Islam Protests While New Jersey Town Settles Suit Allowing One

Think Progress reports on the 4-1 vote by Kennesaw, Georgia city council on Monday rejecting the request of a Muslim group to rent space in a strip mall to use for daily and Friday prayers. The action comes after two weeks of heated debate featuring anti-Muslim rhetoric. Protesters outside city council carried signs with slogans such as "Islam Wants No Peace." An anti-Muslim group posted personal information-- including home address and children's pictures-- online about the one council member who favored allowing the mosque. The mayor however says the mosque could increase traffic and interfere with nearby businesses,

UPDATE: On Dec. 15, city council reversed itself and unanimously approved the mosque. (WABE News).

Meanwhile, the town of Bridgewater, New Jersey has reached a settlement with a Muslim group in Al Falah Center v. Township of Bridgewater, after the mosque won a preliminary injunction. (See prior posting).  As reported by NJ,com, the RLUIPA challenge to the township's zoning law amendment was resolved by the mosque exchanging its original property for a $2.75 million parcel at a different location purchased by the township, and payment of $5 million in damages and attorney's fees by the township's insurer.

Suit Challenges School-Sponsored Religious Activity

On Monday, the American Humanist Association and three individuals filed suit against the Hall County Georgia School District seeking to enjoin prayers and religious activities that are part of the District's football and other athletic programs. (Press release.) The complaint (full text) in American Humanist Association, Inc. v. Hall County School District, (ND GA, filed 12/1/2014) alleges in part:

This action challenges Defendants’ policy, practice, and custom of  authorizing faculty, coaches and other school officials to lead and participate in prayer with students during school-sponsored activities, and their policy, practice, and custom of inserting biblical references into official football team documents and banners, in violation of the Establishment Clause.

Oklahoma School District Drops Plans For Bible Course

Religion News Service reported last week that the Mustang, Oklahoma School District has dropped its plans to offer a Bible course using materials developed by the Museum of the Bible-- an organization funded by Hobby Lobby president Steve Green.  Critics of the Bible curriculum say it adopts the conservative Christian belief that the Bible is inerrant. The school district says it dropped plans for the course when the district was not able to review the final curriculum, and did not receive a commitment from the course developers to provide legal coverage to the district if it is sued over the course.

Suit Charges Jehovah's Witnesses With Covering Up Child Abuse

The Oregonian reports that yesterday a $10.5 million lawsuit was filed in state court in Oregon against Jehovah's Witness organizations claiming that they have a policy of covering up sexual abuse of minors by Jehovah's Witness leaders.  The suit was brought by a man and a woman, adults now, who claim they were molested as children by Daniel Castellanos, who held a position equivalent to an ordained minister of a congregation. Plaintiffs' attorney says that the Jehovah's Witness governing body does not disfellowship an alleged abuser unless he confesses or they have two eyewitnesses to the abuse. Even then the congregation is not told why the action occurred.