In Wake of Terrorism, Broader Anti-Semitism In France Is Examined

In the wake of this week's terrorist attack on a kosher supermarket in Paris, the media are beginning to examine more broadly the issue of rising anti-Semitism in France.  The Telegraph carries an article which begins:

The least surprising thing about today’s turn of events in Paris is that Jews are the target. Because when it comes to home grown anti-Semitism, France leads the world.... No wonder Jewish emigration from France is accelerating.

As reported by JTA, in the wake of the attacks, the Grand Synagogue of Paris was closed for Sabbath services for the first time since World War II.

Meanwhile, Israeli Prime Minister Benjamin Netanyahu issued a statement (full text) sending condolences to the French Jewish community and the French people, and saying to French and European Jews:

The State of Israel is not just the place to which you turn in prayer. The State of Israel is also your home. This week, a special team of ministers will convene to advance steps to increase immigration from France and other countries in Europe that are suffering from terrible anti-Semitism. All Jews who want to immigrate to Israel will be welcomed here warmly and with open arms. We will help you in your absorption here in our state that is also your state.”

5th Circuit Hears Oral Arguments In 3 Same-Sex Marriage Cases

Yesterday, the U.S. Fifth Circuit Court of Appeals heard oral arguments in three same-sex marriage cases.  The cases argued were Robicheaux v. Caldwell, in which a district court upheld Louisiana's ban (see prior posting) (audio recording of full oral arguments); DeLeon v. Perry, in which a district court struck down the Texas bans (see prior posting) (audio recording of full oral arguments); and Campaign for Southern Equality v. Bryant, in which a district court found Mississippi's ban unconstitutional (see prior posting) (audio recording of full oral arguments). The Washington Times reports that supporters of marriage equality were encouraged by the questions from two of the three judges on the panel.

New Head of Reform Judaism's Religious Action Center Profiled

The Washington Post on Wednesday published a lengthy profile of Rabbi Jonah Pesner, the new head of Reform Judaism's Religious Action Center. Pesner, a Boston community activist, succeeds long-time RAC head Rabbi David Saperstein who was recently confirmed as U.S. ambassador-at-large for International Religious Freedom.  The Religious Action Center has a long history of leadership on civil rights and other liberal causes.

Brunei Bans Public Christmas Celebrations That Are Displayed To Muslims

According to the International Business Times, yesterday the Brunei Ministry of Religious Affairs officially banned the public celebration of Christmas in the country, concerned that viewing such celebrations could damage the faith of Muslims. The ban implements a Dec. 27 Statement from the Ministry (full text) which says in part:

Muslims are prohibited from imitating the customs and practices of other religions that are related to matters of aqidah (faith). In a hadith ... Prophet Muhammad ... said, "Whoever imitates a people is one of them".

For example, in conjunction with Christmas celebrations, Muslim children, teenagers and adults can be seen wearing hats or clothes that resemble Santa Claus. Actions such as these can amount to an offence under Section 207 (1) of the Syariah Penal Code Order, 2013, that is performing or practicing a ceremony or act contrary to Hukum Syara’ [Syariah law] ....

Meanwhile, believers of other religions that live under the rule of an Islamic country – according to Islam – may practice their religion or celebrate their religious festivities among their community, with the condition that the celebrations are not disclosed or displayed publicly to Muslims.

South Carolina Issues Final Tax Rulings On Treatment of Same-Sex Marriages

As reported by BNA Daily Report for Executives [subscription required], on Dec. 31 the South Carolina Department of Revenue issued final versions of two revenue rulings dealing with tax treatment of same-sex marriages. Revenue Ruling #14-8  makes it clear that "same-sex marriages that are recognized for federal income tax purposes will now be recognized for South Carolina income tax purposes."  Revenue Ruling #14-9  provides that "same-sex couples who are legally married under any state law will now be treated as married for all South Carolina tax purposes...." and sets out examples relating to property taxes and deed recording fees.

Activist Convinces City To Remove Cross

Mitch Kahle, an activist with a history of pressing for church-state separation, recently moved from Hawaii to Michigan where he began a campaign to get the city of Grand Haven to remove a cross that has been at the top of a city hill for over 50 years.  The Washington Free Beacon reports that, under threat of a lawsuit, the Grand Haven city council voted 3-2 earlier this week to have the cross removed from Dewey Hill.  Grand Haven resident and blogger Brandon Hall called Kahle "a bully... an atheist extremist who targets Christians and gives atheists a bad name."  Hall said he has taken out papers to force a recall vote on Councilman Bob Monetza who supported removal of the Dewey Hill Cross. Monetza explained his vote, saying that the alternative was "the prospect of a grotesque circus of rotating and competing displays and messages... until Dewey Hill stops being a beautiful backdrop to our downtown and becomes a hideous billboard."

The Grand Haven Tribune reports that Kahle also recently convinced Grand Haven schools to end the practice of permitting a Christian pastor to be present in hallways during lunch periods "enticing children with candy to join him in prayer and other religious activities."  The pastor's activities will be moved outside of regular school hours.

Hawaiian Temple Sues Over Zoning Denial

RLUIPA Defense blog reported this week on a suit filed last November in federal district court in Hawaii by Spirit of Aloha Temple which was denied zoning approval to expand the use of a botanical garden it owns.  The Temple sought to use existing structures on the property for its Integral Yoga observances, including religious services, weddings and educational activities. The complaint (full text) in Spirit of Aloha Temple v. County of Maui, D HI, filed 11/26/2014) contends that the denial of permission violates RLUIPA, the 1st and 14th Amendments and Hawaiian constitutional and statutory provisions.

2nd Circuit Upholds New York's Compulsory Vaccination Requirements

In Phillips v. City of New York, (2d Cir., Jan 7, 2015), the U.S. Second Circuit Court of Appeals upheld New York's requirement that, subject to medical and religious exemptions, all children be vaccinated before attending public school. It relied largely on the 1905 U.S. Supreme Court decision in Jacobson v. Massachusetts to dispose of substantive due process objections.  The court also upheld, over free exercise objections, New York's regulation allowing officials to temporarily exclude students who are exempted from the vaccination requirement on religious grounds from school during an outbreak of a vaccine‐preventable disease. Quoting dicta in a 1944 Supreme Court decision, it held that the state could have imposed a vaccination requirement with no exemptions, so the more limited exclusion of those with an exemption during disease outbreaks is likewise constitutional. The court went on to reject equal protection and 9th Amendment arguments as well.  Education Week reports on the decision. New York Times reports that plaintiffs will seek Supreme Court review in the case.

Guantanamo Military Judge Orders End To Use of Female Guards For Objecting Muslim Defendants

AP reports that a military judge at Guantanamo Bay yesterday issued an order that, pending a final decision, authorities should stop using female guards to move 5 defendants held in a top-secret Guantanamo unit back and forth to meetings with their lawyers. Defendants have been refusing to meet with counsel because physical contact with the female guards violates their Muslim religious beliefs.

Court Denies Motions To Dismiss Suits In Shop's Refusal To Sell Flowers For Same-Sex Wedding

AP reports that a Washington state trial court judge yesterday denied two motions to dismiss in State of Washington v. Arlene's Flowers in which the state and individual plaintiffs are suing over a flower shop's refusal to sell floral arrangements for a same-sex wedding. (See prior posting.)  One motion (full text) contended that the state attorney general lacked authority to bring a Consumer Protection Act case without the discrimination charges first going through the state Human Rights Commission administratively.  The second motion (full text) that was denied contended that the owner-officer of the incorporated flower shop could not be held liable personally. Additional motions to dismiss for failure to state a claim are still pending. ADF has links to other pleadings in the case.

Florida Extends Health and Retirement Benefits To Same-Sex Spouses of State Employees

The Miami Herald reports that Florida officials have decided same-sex spouses of state employees will now be eligible for health insurance and retirement benefits. The rulings in memos from the Department of Management Services and from the State Retirement Director come after court decisions resulted in the legal recognition of same-sex marriage in Florida as of January 6. (See prior posting.)

City Settles Suit Challenging Christian Symbols At Veterans' Memorial

The King, North Carolina city council voted 3-2 on Tuesday to settle a federal lawsuit that had been filed against it in 2012 claiming that the design and flag policy of a Veterans' Memorial built by the city unconstitutionally advanced Christianity. (See prior posting.)  According to Stokes News, under the settlement the city will repeal a policy which resulted in a Christian flag often being flown on one of the flag poles at the memorial.  Under the settlement, the city has also already removed the statute of a soldier kneeling before a cross that was part of the memorial. The city will also pay $500,000 in legal fees to Americans United, and $1 in nominal damages to the plaintiff in Hewett vs. City of King.  The city agreed to the settlement when it became clear that the cost of going to trial might reach $2 million and greatly exceed the city's insurance policy limits, and that the city might lose its insurance coverage.  Councilman Brian Carico, one of the two voting against the settlement, said:

... before I am a council member, before I am a husband, before I am a father or a brother or a son, ... I am a Christian.... Every word and deed I do is supposed to be in the name of Jesus Christ.... I can’t vote to remove anything from that memorial because the intent is not there for anyone to be offended. Every veteran that memorial honors took an oath of God and country and they knew what God they were speaking of.

Israelis Bar Transgender Woman From Western Wall

YNet News  and Jerusalem Post  report that in Israel on Tuesday a transgender woman was turned away from the women's section of the Western Wall in Jerusalem. When Kay Long, who no longer identifies or dresses as a male, approached the women's section, she was turned away by an Orthodox Jewish woman patrolling the section who told her the section was for women only. When Long approached the men's section, Orthodox men yelled at her pointing her toward the women's section.

Synagogue Board Improperly Denied Congregational Vote On Rabbi's Retention

In Kamchi v. Weissman, (NY App., Dec. 31, 2014), a New York state appellate court interpreted the provisions of New York's Religious Corporation Law that apply to synagogues as giving wide authority to the congregational membership.  At issue was the synagogue Board of Trustee's refusal to permit a congregation-wide vote on renewal or extension of the rabbi's employment contract after the Board decided not to extend or renew it.  Members of the congregation and its ousted rabbi sued seeking a declaratory judgement that their rights had been violated and damages for tortious interference with prospective economic relations and defamation. The court held that the the congregation's authority is governed by NYRCL Sec. 200 that provides:

A corporate meeting of an incorporated church, whose trustees are elective as such, may give directions, not inconsistent with law, as to the manner in which any of the temporal affairs of the church shall be administered by the trustees thereof; and such directions shall be followed by the trustees. The trustees of an incorporated church to which this article is applicable, shall have no power to settle or remove or fix the salary of the minister....

The court held that the Board,  by refusing to allow the Congregation to act, usurped the Congregation’s authority. It also held that the trial court should not have dismissed the rabbi's defamation claim. [Thanks to Jeff Pasek for the lead.]

Egyptian President Calls For Unity and Islamic Reform As Coptic Christmas Is Celebrated

Today is the date on which Coptic Christians celebrate Christmas.  Egyptian Streets reports that President Abdel Fattah al-Sisi has become the first Egyptian President to attend Christmas Mass. In an unannounced visit to Cairo's Abbasiya Cathedral, al-Sisi extended Christmas greetings and urged Egyptians to remain united. His appearance comes after masked gunmen yesterday shot and killed two policemen guarding a Coptic Christian church in the southern Egyptian city of Minya. (Al Ahram)

Meanwhile, Middle East Forum reports on a speech made by al-Sisi on New Year's Day before Al-Azhar and the Awqaf Ministry calling for a different vision for Islam. Al-Sisi said in part:

It's inconceivable that the thinking that we hold most sacred should cause the entire umma [Islamic world] to be a source of anxiety, danger, killing and destruction for the rest of the world. Impossible!

... [T]hat corpus of texts and ideas that we have sacralized over the years... is antagonizing the entire world.... Is it possible that 1.6 billion people [Muslims] should want to kill the rest of the world's inhabitants—that is 7 billion—so that they themselves may live? Impossible!

... I say and repeat again that we are in need of a religious revolution. You, imams, are responsible before Allah. The entire world, I say it again, the entire world is waiting for your next move… because this umma is being torn, it is being destroyed, it is being lost—and it is being lost by our own hands.

[Thanks to Geoff Rapp for the leaad.]

Terrorists Attack French Satirical Magazine

In a still developing story from France, at least 12 people were killed and 4 others critically wounded today in a terrorist attack by two heavily armed gunmen at the Paris offices of the satirical magazine Charlie Hebdo.  The magazine has been a target in the past because of its publishing of cartoons depicting the Prophet Muhammad or satirizing Islamic law.  The magazine has also satirized other religious groups. CNN reports on today's attack in a post that is being updated on a continuous basis.

Indiana Supreme Court Interprets Civil Rights Commission Jurisdiction Over Educational Matters Narrowly

In Fishers Adolescent Catholic Enrichment Society, Inc. v. Bridgewater, (IN Sup. Ct., Jan. 6, 2015), the Indiana Supreme Court held that the state's Civil Rights Commission exceeded its authority when it adjudicated disability discrimination and retaliation claims growing out of a dispute between members of a group ("FACES") created to provide homeschool high schoolers with Catholic educational, spiritual, and social enrichment. A family filed a discrimination complaint with the Civil Rights Commission when FACES refused to make health-related dietary accommodations for their daughter at an "All Souls' Day Masquerade Ball" dinner-dance. The complaint led to the family's being expelled from FACES.

The Indiana Civil Rights Law, Sec. 22-9-1-3(l), bars discriminatory practices only when they relate to "the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit." The Supreme Court said:

The dinner-dance at which Mrs. Bridgewater contends that FACES failed to accommodate her daughter's food allergy furthered ... Catholic spiritual and social enrichment. It was not an occasion for the teaching of academic subjects as part of the student's curriculum.... The alleged disability discrimination thus occurred at a quasi-religious social function, not an educational one. To expansively interpret "relating to . . . education," ... to apply to this dinner would convert almost every occasion of parental guidance and training into an activity "related to education." This would eviscerate the function of "related to education" as a legislative prerequisite for the Commission's enforcement powers.

Justice Rucker dissented.

Thomas More Society issued a press release announcing the decision.

2nd Circuit Upholds Eruv Against Establishment Clause Attack

In Jewish People for the Betterment of Westhampton Beach v. Village of Westhampton Beach, (2d Cir., Jan. 6, 2015), the U.S. Second Circuit Court of Appeals held that the Long Island Power Authority did not violate the Establishment Clause when it entered a licensing agreement permitting a Jewish organization to attach inconspicuous staves (known as lechis) to utility poles in order to create an eruv. Applying the Lemon test, the court said in part:

Neutral accommodation of religious practice qualifies as a secular purpose under Lemon.... No reasonable observer who notices the strips on LIPA utility poles would draw the conclusion that a state actor is thereby endorsing religion.

Newsday reports on the decision.

Injunction Issued In Contraceptive Mandate Case On Remand From Supreme Court

On remand from the U.S. Supreme Court after its Hobby Lobby decision (see prior posting), in Autocam Corp. v. Burwell, (WD MI, Jan. 5, 2014), a Michigan federal district court issued a permanent injunction barring enforcement of the Affordable Care Act contraceptive coverage mandate against Autocam Medical, LLC. Members of a Catholic family were the CEO and controlling owners of Autocam. The injunction covered:

those provisions of federal law in existence on June 30, 2014, when the Supreme Court decided Hobby Lobby, that require plaintiff Autocam Medical, LLC, to  provide its employees with health coverage for contraceptive methods, sterilization procedures, and related patient education and counseling to which  plaintiff objects on religious grounds.

Thomas More Society issued a press release announcing the decision.

Study Provides Religious Affiliation of Members of Incoming Congress

Pew Forum yesterday published its study of The Religious Composition of the 114th Congress which is sworn in today. It is 57.2% Protestant; 30.7% Catholic; 5.2% Jewish; 3% Mormon.  Other faiths represented include Orthodox Christian, Buddhist, Muslim, Hindu and Unitarian-Universalist. Only 1 member of the incoming Congress is listed as Unaffiliated, while 20% of American adults say they are unaffiliated.  The full report has additional details on members' religious affiliations.