India Considering Anti-Conversion Law

According to a report from AFP on Saturday, in India, Parliament is paralyzed over a proposed law against "forced conversion." The term is used in India to describe not just conversion under threat of violence, but also conversion through inducements such as offers of free food or education.  Hindu nationalists connected to Prime Minister Narendra Modi's Bharatiya Janata Party (BJP) have become more aggressive in their conversion efforts. The Daily Times reports

The Bharatiya Janata Party’s (BJP’s) militant wing, the Rashtriya Swayamsewak Sangh (RSS) has started a forced conversion movement called homecoming. The RSS believes that these Muslims and Christian were originally Hindus and the homecoming movement is simply an attempt to bring them back to where they belong.

RSS was accused of converting some 50 poor Muslim families a week ago, promising the converts ration cards and other financial incentives.  A larger planned conversion of Christians and Muslims on Christmas day has been called off.  Amit Shah, leader of BJP, says the party favors a new law.

Recent Articles of Interest

From SSRN:

• Jane Mair, Belief in Marriage, (Forthcoming in the International Journal of the Jurisprudence of the Family).
• Ines Michalowski, What is at Stake in Military Chaplaincy When Muslims Join the Ranks? An International Comparison, (Robert Schuman Centre for Advanced Studies Research Paper No. 2014/126 (Dec. 2014)).
• Linda C. McClain, Corporate Conscience and the Contraceptive Mandate: A Dworkinian Reading, (Forthcoming in the Journal of Law and Religion, Vol. 30, No. 1, February 2015).
• Thomas J. McSweeney, Magna Carta, Civil Law, and Canon Law, (Magna Carta and the Rule of Law (Daniel Magraw et al eds., 2014)).

From SmartCILP:

• Symposium on Ronald Dworkin's Religion Without God. Introduction by James E. Fleming; articles by Jeremy Waldron, Stephen L. Carter, Paul Horwitz, Andrew Koppelman, Cecile Laborde, Linda C. McClain, Micah Schwartzman and Steven D. Smith. 94 Boston University Law Review 1201-1355 (2014).

Cert. Petiiton Filed In 6th Circuit ACA Non-Profit Contraceptive Mandate Case

On Dec. 12, a petition for certiorari was filed with the U.S. Supreme Court in Michigan Catholic Conference v. Burwell. (Docket entry). The full text of the petition is available on Westlaw at  2014 WL 7166539. In the case, the U.S. 6th Circuit Court of Appeals denied preliminary injunctions to several Catholic non-profit entities that object to the Affordable Care Act contraceptive coverage accommodation. (See prior posting.) BNA Daily Report for Executives [subscription required] reports on the filing of the petition.

President Signs Bill Extending Until 12/31 Tax-Free Charitable IRA Distributions

On Friday, President Obama signed H.R. 5771, the Tax Increase Prevention Act of 2014. Section 108 of the Act extends until Dec. 31, 2014 the provision allowing tax-free distributions from IRA's for charitable purposes. The benefit applies to IRA holders who are at least 70 1/2 years old.  The Wall Street Journal reports in more detail on the provision.

Recent Prisoner Free Exercise Cases

In Wakefield v. Indermill, (9th Cir, Dec. 18, 2014), the 9th Circuit affirmed dismissal of an inmate's complaint that he was denied weekly communion and foot washing services in the security housing unit.

In Presley v. Scott, 2014 U.S. Dist. LEXIS 172742 (ND AL, Dec. 15, 2014), an Alabama federal district court, while dismissing a number of plaintiff's claims, allowed an inmate to proceed against certain of the defendants for seizing and destroying his medicine bag and other religious items.

In Johnson v. Lewis, 2014 U.S. Dist. LEXIS 173411 (WD NC, Dec. 16, 2014), a North Carolina federal district court held that a Hebrew Israelite inmate seeking a kosher diet can move ahead with claims for injunctive relief against defendants in their official capacities, but dismissed damage and individual capacity claims.

In Surles v. Cater, 2014 U.S. Dist. LEXIS 174236 (SD GA, Dec. 17, 2014), a Georgia federal district court accepted a magistrate's recommendation and dismissed an inmate's claim that his free exercise and equal protection rights were infringed when on one occasion he was denied a pre-Ramadan meal.

In Ben-Levi v. Brown, 2014 U.S. Dist. LEXIS 175040 (ED NC, Dec. 18, 2014), a North Carolina federal district court upheld enforcement of a prison's rule that Jewish Bible study with fewer than ten participants must be led by a rabbi.

In Smith v. Perlman, 2014 U.S. Dist. LEXIS 175341 (ND NY, Dec. 18, 2014), a New York federal district court dismissed an inmate' complaint that the number of Islamic holy days designated as family events was reduced from 2 to 1; he was denied attendance at congregate religious services while in keeplock; and that his request to incorporate halal meats into his therapeutic diet was refused.

In Pickering v. California Department of Corrections, 2014 U.S. Dist. LEXIS 175656 (ED CA, Dec. 18, 2014), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that authorities have hindered his practice of his Asatru/Odinic faith in numerous ways including denial of chapel times on a few occasions, denial of outdoor worship space and of various items needed for worship.

A suit was filed this week in an Ohio federal district court on behalf of a Muslim woman who alleges that, over her objections, she was forced to attend Christian prayer services while serving a 60-day sentence in the Cuyahoga County (OH) jail. Cleveland.com reports on the lawsuit. (Full text of complaint in Majeed v. Cuyahoga County, (ND OH, filed 12/18/2014)). [Thanks to Matthew Besser for the lead.]

Chabad Rabbis At George Washington University Litigate Over Contract

Thursday's Baltimore Jewish Times reports on an unusual lawsuit just concluded in D.C. Superior Court between two Chabad rabbis:

“American Friends of Lubavitch (Chabad), et al. v. Yehuda Steiner, et al.” pits Rabbi Levi Shemtov, executive vice president and director of American Friends of Lubavitch (Chabad), one of the most recognizable and politically connected Jewish leaders in the country, against [Rabbi Yehuda] Steiner and his wife, Rivky Steiner, the couple Shemtov appointed in 2008 as shluchim, or emissaries, to coordinate Chabad’s presence on George Washington University’s campus.

D.C. Superior Court Judge Neal Kravitz ruled on Monday that Rabbi Steiner, popular with students, was in breach of his contractual obligations that had previously been worked out between the two rabbis through a Jewish religious court. Kravitz enjoined Steiner from leading further Chabad activities at GWU. However, Kravitz also ruled that the non-compete provision in the Steiners' employment contract was unenforceable, leaving open the possibility that Steiner might move his outreach to D.C. students to nearby Georgetown University.

Supreme Court Denies Stay of Florida Same-Sex Marriage Ruling

The U.S. Supreme Court late yesterday afternoon denied an application for a stay in a Florida same-sex marriage case while the decision is on appeal to the 11th Circuit.  The Supreme Court's order (full text) in Armstrong v. Brenner, (Dec. 19, 2014) results in a district court decision handed down in August taking effect on January 5. (See prior related posting.)  Justices Scalia and Thomas dissented from the Court's action.  SCOTUSblog reports on the Court's action.

Westboro Baptist Attempt To Intervene In Same-Sex Marriage Case Again Rejected

In Marie v. Moser, (D KA, Dec. 18, 2014), a Kansas federal district court for a second time (see prior posting) refused to allow Westboro Baptist Church to intervene as a party in a lawsuit challenging the Kansas ban on same-sex marriage. The court said that WBC's arguments were based on speculation about future possible claims by same-sex couples.  WBC was allowed to continue to file amicus briefs to assert arguments it would like the court to consider.

Hawaii Supreme Court Hears Oral Arguments On Challenge To Marriage Equality Law

Yesterday the Hawaii Supreme Court heard oral arguments in McDermott v. Abercrombie, a case challenging the state legislature's authority to enact the Hawaii Marriage Equality Act of 2013. The Court, on its website, summarizes the issues:

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.” Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act. In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

An audio recording of the full oral arguments is available from the Court's website. AP reports further on the case.

Lawsuit Against Hebrew National Dismissed In State Court With No Appeal Filed

American Jewish World reported yesterday on the end of the long-running lawsuit against ConAgra Foods challenging the adequacy of its standards for kosher slaughter of the beef used in manufacturing Hebrew National hot dogs.  As previously reported, in April the U.S. 8th Circuit Court of Appeals remanded the case to state court.  Then, in a little noticed October 6 opinion (reported on at the time by American Jewish World), a Minnesota state court judge dismissed the case, saying that a civil court cannot make a judgement about whether religious standards for kosher slaughter have been met.  He added:

At bottom, the ultimate remedy for those who feel they don’t have confidence in the degree of kashrut observed in the production of [Hebrew National] products is not to purchase them.

Now the time for appeal of that dismissal has run with no appeal being filed.

Chicago Travel Agent Charged With Mail Fraud In Hajj Visa Misrepresentations

The U.S. Attorney's Office for the Northern District of Illinois yesterday announced the arrest on mail fraud charges of Chicago travel agent Rashid Minhas.  A criminal complaint charges that Minhas sold Hajj travel packages to some 50 customers for a total of $525,000, falsely representing to them that the package contained the required visa to enter Saudi Arabia. It is alleged that Minhas knew that his company, Light Star Hajj, was not authorized by Saudi Arabia to obtain visas.

Israel's High Court Approves Rabbinical Court's Retroactive Invalidation of Conversion

On Wednesday, a 3-judge panel of Israel's High Court of Justice ruled that a rabbinical court had authority to retroactively cancel a conversion of a woman to Judaism where the woman misled the rabbinical court about her intention to lead an Orthodox Jewish life style.  Times of Israel and Jerusalem Post report that the rabbinical court acted two years after approving the conversion because convert Yonit Erez completely changed her Orthodox lifestyle shortly after her conversion. Critics of the decision say there is no basis in Jewish law, short of bribery, for reversing a conversion. Reform Rabbi Uri Regev says that false promises to maintain an Orthodox lifestyle are common among converts from the former Soviet Union in Israel.

FFRF Lacks Standing To Challenge Church Filing Exemptions

In Freedom From Religion Foundation v. Koskinen, (WD WI, Dec. 17, 2014), a Wisconsin federal district court held that Freedom From Religion Foundation and its local affiliate lack standing to challenge the Internal Revenue Service's  exemption of religious organizations from filing Form 990 annual reports, while requiring most other non-profit organizations to file. FFRF had never sought a similar exemption and disavowed any intent to do so. In reaching its conclusion, the court reversed its own holding to the contrary a year ago because of the intervening 7th Circuit decision in Freedom From Religion Foundation, Inc. v Lew. (See prior posting).

Kentucky Supreme Court Defines Ecclesiastical Abstention Doctrine

In St. Joseph Catholic Orphan Society v. Edwards, (KY Sup. Ct., Dec. 18, 2014), the Kentucky Supreme Court redefined the operation of the "ecclesiastical abstention doctrine" under Kentucky law. The Court held that the doctrine is not a bar to jurisdiction, but instead operates as an affirmative defense designed to allow both churches and other religious organizations independence from secular control.  At issue in the case was a challenge by a group of St. Joseph Home alumni to the action at an annual meeting of members taken after the existing Board had been unable to muster a high enough vote to remove one of its own members accused of harassing employees.  By a resolution passed overwhelmingly, the members replaced the existing Board members and amended the bylaws to add protections against Board-member misconduct. The Court concluded that a challenge to this action involves an issue of ecclesiastical governance that is covered by the ecclesiastical abstention doctrine, and so remanded the case to the trial court for dismissal.

The practical effect of the court's procedural holding is that in the future defendants will be able to file an interlocutory appeal when a trial court refuses to apply the ecclesiastical abstention doctrine, instead of proceeding as in this case by seeking a writ of prohibition from the Court of Appeals.

Meanwhile, it appears that while the Supreme Court's decision on issuing a writ of prohibition was pending, the trial court went on with the case.  WDRB reports that on Dec. 10, the trial court dismissed the challenge to the action at the annual meeting because the ousted trustees had an opportunity to attend a second meeting at which the bylaw amendments were to be reconsidered, and they chose not to attend. This report also sheds more light on the nature of the leadership contest:

The lawsuit pitted a largely aging group of trustees – among them former residents of the Frankfort Avenue orphanage -- against a younger faction with corporate ties.

[Thanks to Tom Rutledge for the lead.]

Congress Gives USCIRF 9 More Months of Life

Earlier this week, Congress passed and sent to the President H.R. 5816 (full text), extending the life of the U.S. Commission for International Religious Freedom until Sept. 30, 2015.  The bill is retroactive to Dec. 10, the day before the Commission's current authorization expired. (See prior posting.) The White House website lists this, along with other bills awaiting the President's signature and provides an online opportunity for individuals to comment on the bill.

Group Releases 2014 World Report On Rights of Atheists and Humanists

As reported by Religion News Service, on Dec. 10 the International Humanist and Ethical Union released Freedom of Thought 2014: "A Global Report  on the Rights Legal Status and Discrimination Against Humanists, Atheists and the Non-religious." The 542-page report surveys country-by-country the rights and treatment of non-believers. The report highlights the "steady march" of militant groups such as ISIS and Boko Haram, as well as "a long-standing prohibition of 'apostasy' and 'blasphemy' associated with Islam that is perpetuated by many modern Islamic states."

White House Hosts Two Hanukkah Receptions [UPDATED POST]

President and Mrs. Obama hosted the first of two White House Hanukkah receptions late yesterday afternoon as again this year the guest list was too long for only a single reception.  In his remarks (full text), the President first discussed the freeing earlier in the day of Alan Gross who had been held by Cuba for over five years.  The traditional lighting of the menorah focused on two students and a parent from a bilingual school in Jerusalem that brings Jewish and Muslim students together. Their school was hit by arsonists two weeks ago. They built a menorah around the theme of their school's values and brought it to be used at the reception. Introducing them, President Obama said:

So Inbar and Mouran and their fellow students teach us a critical lesson for this time in our history:  The light of hope must outlast the fires of hate.

The White House posted a 10-minute video of the President's remarks and those of Rabbi  Bradley Shavit Artson who led the blessings in lighting the Hanukkah candles.

A few hours later the President hosted the second reception. (Full text of remarks.)  At this reception, a menorah from children in Yemin Orde, a village in Israel founded in 1953 to provide a safe haven to orphans and young immigrants after the Holocaust, was used.  The candles were lit by a Yemin Orde graduate, along with Dr. Adam Levine who recently returned from fighting ebola in Liberia. Manhattan Rabbi Angela Buchdahl recited the blessings.

GAO Releases Report On IRS Oversight of Tax Exempt Organizations

Yesterday, the U.S. Government Accountability Office released a 66-page report (full text) on IRS oversight of tax-exempt organizations.  The report recommended that the IRS develop better measures of enforcement performance; communicate more clearly with state charity regulators on allowed use of IRS information; and expand electronic tax-return filing for charities.

4th Circuit: Appeal of Injunction Against Sectarian County Board Prayer Fails On Procedural Grounds

In Hudson v. Pittsylvania County, Virginia, (4th Cir., Dec. 17, 2014), the U.S. 4th Circuit Court of Appeals dismissed on procedural grounds an appeal from a district court's injunction against opening County Board meetings consistently with Christian invocations.  The appeals court held that a notice of appeal filed 175 days after the district court entered summary judgment for plaintiff was untimely.  The appeals court also affirmed the district court's later post-trial award of some $53,000 in attorneys' fees. Chatham Star Tribune reports on the decision.

While this appeal was pending, the U.S. Supreme Court decided the Town of Greece case. Pittsylvania County quickly asked the district court to dissolve its injunction.  As previously reported, the district court held however that "unlike in Town of Greece, where invited clergy and laypersons offered the invocations, the Board members themselves led the prayers in Pittsylvania County."  The district court said it was willing to modify the injunction to make it consistent with the holding in Town of Greece, but it did not have jurisdiction to do so until the 4th Circuit to which the case had been appealed granted at least a limited remand.  Yesterday's affirmance of the attorneys' fee award and dismissal of the remainder of the appeal presumably does not amount to a limited remand.                                                          

Fayetteville Anti-Discrimination Law Repeal Applauded By Group As Victory For Religious Values

According to KNWA News, voters in a special election in Fayetteville, Arkansas on Tuesday voted 52% to 48% to repeal an extensive anti-discrimination law (full text) enacted by city council last August. At least one major conservative Christian group applauded the repeal as a victory for religious liberty.  Liberty Counsel in a press release yesterday said:

... Fayetteville voters repealed a law ... that required churches, Christian schools, and other para-church ministries to hire homosexuals for "secular" jobs (such as school teachers), allowed men to use women’s restrooms and locker rooms, and required Christian business owners to service "same-sex weddings."....  Mat Staver, Founder and Chairman of Liberty Counsel, said "... This ordinance sought to criminalize Judeo-Christian values."