Burma Sues Author For Insultig Buddhism

In Burma last month, an official of the Department of Immigration in northwestern Chaung-U Township, at the request of local Buddhist clergy, filed a lawsuit against prominent writer and National League for Democracy member Htin Lin Oo, charging him with violation of Burmese statutes prohibiting the causing of religious offense.  Irrawaddy reported yesterday on the suit filed Nov. 20 which grew out of a two-hour speech that Htin Lin Oo delivered at a literary event on Oct. 23.  In the speech, he decried those who use Buddhism as an excuse for prejudice and discrimination. When a 10-minute excerpt from the speech was widely shared on social media, the Patriotic Buddhist Monks Union issued statement denouncing it. Htin Lin Oo says that people should listen to the entire speech before they react.  The suit charges Htin Lin Oo with violating Myanmar Penal Code Sec. 295-A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), and Sec. 298 (Uttering words, etc; with deliberate intent to wound religious feelings).

Former High School Softball Players' Suit On School Religious Activites Moves Ahead

In Ryan v. Mesa Unified School District, (D AZ, Dec. 5, 2014), three former members of a Mesa, Arizona high school varsity girls' softball team sued the school district and the softball coach, Joseph Goodman, over various religious activities. The court held that plaintiffs lacked standing to challenge the school's LDS Church released time program. However, the court permitted plaintiffs to move ahead with two other claims, but only against Coach Goodman:

First, the court allowed an Establishment Clause claim alleging that during the 2013-14 girls softball season, certain players were appointed “prayer leaders” to lead a team prayer at the beginning of every game. Plaintiffs were dismissed from the team after one of them announced, and the others supported, an end to these prayers.

Second, the court allowed a free speech claim growing out of a 2014 softball tournament where hip-hop and other popular music was played to get players in a proper mental state for the game. One of the plaintiffs, the daughter of an LDS Church member, found the music offensive to her religious sensibilities. During the same tournament, the LDS parent of that plaintiff read a speech from a Tweet by another of the plaintiffs, and the content of the Tweet was reported to Coach Goodman.  Apparently this was related to the reason for plaintiffs' dismissal from the team.

Claims of Mislabeling of Dietary Supplements Did Not Infringe Free Exercise Rights

In State of Texas v. Valerie Saxion, Inc., (TX App., Dec. 4, 2014), a Texas state appellate court rejected arguments by defendant and her company that the state was infringing their free exercise rights by proceeding against them with charges that their mislabeling and misbranding of dietary supplements violated the Texas Food, Drug, and Cosmetic Act and the Deceptive Trade Practices Act. Defendant argued that her statements were based on sincerely held religious beliefs.  The court concluded, however:

The twenty-four “practices in pursuit and conduct of trade or commerce” listed by the State in its live pleading do not seek to restrain Saxion from practicing any religious beliefs or expressing any religious opinions..... Rather, the relief sought by the State attempts to regulate the advertising and sale of certain dietary supplements as a proper restraint on commercial speech necessary to protect the public..... Therefore [defendant] ... failed to allege a viable ultra vires claim with regard to her free-exercise-of-religion rights and the attorney general’s discretion and authority to enforce the TFDCA and DTPA.

Recent Articles of Interest

From SSRN:

• Helen A. Alvare, Same-Sex Marriage and the 'Reconceiving' of Children, (Case Western Reserve Law Review, Vol. 64, No. 3, pp. 829-862, 2014).
• Odetayo Samson, A Critical Assessment of the Validity and Recognition of Same Sex Marriage Under the Nigerian Legal System, (October 16, 2014).
• Ankita Bharadwaj, Adultery- Judicial Interpretation and the Law Under Various Personal Laws in India, (November 22, 2014).
• Valentino Cattelan, Property (Mal) and Credit Relations in Islamic Law: An Explanation of Dayn and the Function of Legal Personality (Dhimma), (Arab Law Quarterly, Forthcoming).
• Christine A. Corcos, The Scrying Game: The First Amendment, State Regulation of the Crafty Sciences, and the Rise of Spiritualism, 1848-1944, (January 16, 2013).
• Ioanna Tourkochoriti, The New Regulation Against Hate Speech in Greece: Strengths and Weaknesses, (Council for European Studies, Reviews & Critical Commentary (CritCom) Columbia University, Forthcoming).
• George K. Yin, The IRS's Misuse of Scarce Compliance Resources in the Exempt Organization Area, (December 5, 2014).

From SmartCILP:

• Hossein Mir Mohammad Sadeghi, Filling the Gap In Favor of the Accused: The Approach of Islamic Criminal Law In Light of the Rule No Punishment In Case Of Doubt, [Abstract], 29 Tulane European & Civil Law Forum 147-156 (2014).

Recent Prisoner Free Exercise Cases

In Mitchell v. Fox, (9th Cir., Dec. 5, 2014), the 9th Circuit affirmed the dismissal of an inmate's complaint that prison officials destroyed and confiscated his religious property. Plaintiff had not shown that this constituted a substantial burden on his practice of religion.

In Mehmood v. United States Marshals Service, 2014 U.S. Dist. LEXIS 166386 (ED CA, Dec. 1, 2014), a California federal magistrate judge permitted a Muslim federal pre-trail detainee housed in a county jail to proceed with claims under the Free Exercise and Establishment clauses objecting to the diet furnished to him in response to his request for halal food, and denial of various religious items and of the ability to leave his cell 5 times a day to pray. His equal protection and RLUIPA claims were dismissed with leave to amend.

In Evans v. Godinez, (IL App., Dec. 1, 2014), an Illinois appellate court affirmed the trial court's dismissal of a complaint by a Nation of Islam inmate seeking space and time for weekly inmate-led NOI study groups and prayer sessions.

In Brame v. Hodge, 2014 U.S. Dist. LEXIS 166586 (SD IL, Dec. 2, 2014), an Illinois federal district court denied a preliminary injunction to a Hebrew Israelite inmate who claims he suffered retaliation because of a lawsuit he filed complaining that he was denied a kosher diet, attendance at Jewish services, and participation in Jewish holidays.

In Reiske v. Bruno, 2014 U.S. Dist. LEXIS 167443 (D CT, Dec. 3, 2014), a Connecticut federal district court dismissed a Wiccan inmate's complaint that he was not permitted to purchase various religious items, including religious oils and a pendant cord.

In Ajala v. West, 2014 U.S. Dist. LEXIS 168602 (WD WI, Dec. 5, 2014), a Wisconsin federal district court vacated its earlier order and allowed a Muslim inmate to proceed with his complaint that he was denied Ramadan meal accommodations, but affirmed the earlier dismissal of his complaint regarding his Eid-al-Fitr meal.

NYT Surveys Atheists' Push To Remove Belief Requirement For Public Office

The New York Times posted an article yesterday titled In Seven States, Atheists Push to End Largely Forgotten Ban. Reporting on the bans in Maryland, Arkansas, Mississippi, North Carolina, South Carolina, Tennessee and Texas, it says in part:

Maryland and six other states still have articles in their constitutions saying people who do not believe in God are not eligible to hold public office. Maryland’s Constitution still says belief in God is a requirement even for jurors and witnesses.

Now a coalition of nonbelievers says it is time to get rid of the atheist bans because they are discriminatory, offensive and unconstitutional. The bans are unenforceable dead letters, legal experts say, and state and local governments have rarely invoked them in recent years. But for some secular Americans, who are increasingly visible and organized, removing the bans is not only a just cause, but a test of their growing movement’s political clout.

Iowa's Flag Desecration and Misuse Laws Invalidated In Suit By Westboro Baptist Church Demonstrators

In Phelps v. Red Oak Police Chief, (SD IA, Dec. 3, 2014), an Iowa federal district court held Iowa's flag desecration and flag misuse statutes unconstitutional on their face because of their overbreadth.  The holding comes in a free expression challenge to the laws by members of the Westboro Baptist Church who regularly picket funerals of soldiers and participate in other protests. Plaintiffs allege that Red Oak police threatened to enforce the statutes against them, leading them to refrain from dragging the flag on the ground and wearing it on their bodies as part of their demonstrations. The court rejected plaintiff's additional argument that the laws infringed her free exercise of religion.

IRS Shifts Offices Responsible For Legal Rulings On Tax Exempt Organization Issues

In Announcement 2014-34, issued last Wednesday, the Internal Revenue Service announced that beginning Jan. 2, it is shifting responsibility for making various legal rulings regarding tax-exempt organizations from the much-criticized Tax Exempt and Government Entities Division based in Cincinnati to the office of Associate Chief Counsel (Tax Exempt and Government Entities) based in Washington. Shifting to Washington is "the authority to prepare revenue rulings, revenue procedures, announcements, and notices, and to issue technical advice (including technical advice memoranda (TAMs)), certain letter rulings, and certain information letters" on tax-exempt organization issues.  The Cincinnati office will retain authority to issue determination letters on the exempt status of organizations under §§ 501(c) and 521.  Law 360 reports on the IRS action.

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.