Chicago Muslim School Head Charged With Sexual Abuse of Female Staffer and Students

AP reported yesterday that 75-year old Mohammad Abdullah Saleem, founder and long-time head of the suburban Chicago Institute of Islamic Education, has been criminally charged with sexually abusing a female school employee beginning in 2012. Saleem denies the allegations.  Saleem has also been sued civilly by the female victim and three female former-students who also allege sexual abuse dating back as early as the 1980's. Saleem is considered a leading Islamic scholar in the U.S. The civil suit charges the school with failure to protect students and asks for over $1.5 million in damages.

Apocalyptic Visions and ISIS' Actions

CNN's Peter Bergen posted a column yesterday titled Why Does ISIS Keep Making Enemies?, explaining the violent murders by ISIS as the "ideology ... of an apocalyptic cult that believes that we are living in the end times and that ISIS' actions are hastening the moment when this will happen." He argues that ISIS is focused on a prediction of the Prophet Mohammed that the Syrian town of Dabiq is the place where the armies of Islam and "Rome" will meet for the final battle that will precede the end of time and signal the triumph of Islam. Bergen says that ISIS wants a Western ground force to invade Syria to confirm the prophecy about Dabiq.  (A much longer analysis of ISIS ideology appears in an article by Graeme Wood in the latest issue of The Atlantic.)

As reported by Time Magazine, ISIS' video released Sunday showing the execution of 21 Egyptian Coptic Christians is narrated in religious terms. The executioner points his knife toward the Mediterranean and says in English: "We will conquer Rome, by Allah’s permission."

Yesterday, in an address to representatives of the Church of Scotland, Pope Francis responded to the ISIS killings in equally religious terms (full text):

Today I read about the execution of those twenty-one or twenty-two Coptic Christians.... They were killed simply for the fact that they were Christians.... The blood of our Christian brothers and sisters is a testimony which cries out to be heard. It makes no difference whether they be Catholics, Orthodox, Copts or Protestants. They are Christians! Their blood is one and the same. Their blood confesses Christ. As we recall these brothers and sisters who died only because they confessed Christ, I ask that we encourage each another to go forward with this ecumenism which is giving us strength, the ecumenism of blood. The martyrs belong to all Christians.

The White House, however, went out of its way to avoid framing its response to ISIS' latest atrocities in the kind of apocalyptic terms ISIS apparently prefers.  Sunday's statement by the White House press secretary (full text) after the release of ISIS' video studiously avoided painting the murders in terms of an Islamic battle against Christianity, saying in part:

The United States condemns the despicable and cowardly murder of twenty-one Egyptian citizens in Libya by ISIL-affiliated terrorists.... ISIL’s barbarity knows no bounds.  It is unconstrained by faith, sect, or ethnicity.  This wanton killing of innocents is just the most recent of the many vicious acts perpetrated by ISIL-affiliated terrorists against the people of the region, including the murders of dozens of Egyptian soldiers in the Sinai, which only further galvanizes the international community to unite against ISIL.

Three Australian Rabbis Resign As Result of Government Inquiry Into Sex Abuse Scandals

JTA reported yesterday that in Australia, three leading Orthodox rabbis have resigned from at least some of their positions as a result of an inquiry by Australia’s Royal Commission into how Chabad officials responded to child sex abuse scandals in the 1980's and 90's at two institutions-- Yeshivah College in Melbourne and Sydney’s Yeshivah Centre. Yesterday's  Melbourne Herald Sun has additional details.

The Guardian reports that a turning point in the Commission's inquiry came earlier this month when Rabbi Moshe Gutnick, a senior judge of the Sydney Beth Din, told the Commission that a "culture of cover-up, often couched in religious terms" had pervaded the two schools. One of those resigning was the country's most senior rabbi-- Meir Shlomo Kluwgant, president of the Organisation of Rabbis of Australasia. His resignation was prompted by a text message he sent while the father of one of the abuse victims was testifying before the Commission. He labeled the father "a lunatic on the fringe, [who is] guilty of neglect of his own children..." Another of those resigning admitted to the Commission that in 2002 he did not know it was illegal for an adult to touch a child's genitals.

Woman Charged In Attack On Neighbor to Force Christian Belief

The Forward yesterday reported on the Feb. 12 arraignment in Boise, Idaho of a 58-year old Christian woman arrested on charges of malicious harassment of her Jewish neighbor.  According to the article:

Haragan went to AG’s home on Feb. 5 and banged on her window while shouting that she “better believe in Jesus,” and that she would not leave until AG did...  When AG opened the door to get Haragan’s license plate number, Haragan slapped her in the face, pulled her hair and threw her to the ground where she kicked her in the stomach, and then pressed her foot into AG’s throat until the Jewish woman said she would believe in Jesus.

The court has ordered Haragan to have no further contact with AG.

Philadelphia Church Members Sue Claiming Board Misappropriation

The Philadelphia Tribune reported yesterday on a state court lawsuit filed Feb. 5 by members of Philadelphia's historic Zion Baptist Church against the board of trustees and long-time church member Ronald Harper.  The suit alleges that Harper as chairman of the trustees misappropriated and misused church assets for personal gain and profit for his law firm.  Plaintiffs claim that and the board hid the transactions by making misrepresentations to the deacon board and church membership.  The suit seeks an accounting and a forensic audit of the issuance of $18 million in bonds to renovate a church-owned apartment building. The suit also seeks a new membership vote on the ouster of the church's former pastor, Carl Prince, who allegedly was removed because he sought greater financial accountability.

Recent Articles of Interest

From SSRN:

• Rene F. Najera & Dorit Rubinstein Reiss, First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, (February 8, 2015).
• Seval Yildirim, Conceptions of Religion in the Secular State: Evolving Turkish Secularism, (Pepperdine Law Review, Vol. 41, No. 1049, 2014).
• William P. Marshall, Bad Statutes Make Bad Law: Hobby Lobby v. Burwell, (Supreme Court Review, Vol. 2014).
• Andrew Koppelman, Theorists, Get Over Yourselves: A Response to Steven D. Smith, (41 Pepperdine Law Review 937 (2014)).
• Tom Syring, Introductory Note to the European Court of Human Rights’ Judgment on the Legality of a Ban on Wearing Full-Face Veils in Public (Case of S.A.S. v. France), (53 International Legal Materials 1025 (2014)).
• Douglas NeJaime & Reva Siegel, Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, (Yale Law Journal, Vol. 124, 2015 Forthcoming).

From SmartCILP:

• Michael J. Davidson, Sanctuary: A Modern Legal Anachronism (.pdf download), 42 Capital University Law Review 583-618 (2014).
• Roza Pati, Marshalling the Forces of Good: Religion and the Fight Against Human Trafficking, (Abstract), 9 Intercultural Human Rights Law Review 1-23 (2014).
• Sr. Eugenia Bonetti, Women Helping Women: The Italian Experience of Women Religious in Combating Human Trafficking and Modern-Day Slavery, (Abstract), 9 Intercultural Human Rights Law Review 25-39 (2014).
• Fr. Jude O. Ezeanokwasa, The Priest-Penitent Privilege Revisited: A Reply To the Statutes of Abrogation, (Abstract), 9 Intercultural Human Rights Law Review 41-102 (2014).

6th Cirucit Upholds Damage Award To Critic of Judge For Expressing Religious Views

In Pucci v. Nineteenth District Court, (6th Cir., Feb. 13, 2015), the U.S. 6th Circuit Court of Appeals affirmed the $734,000 damage award to court employee Julie Pucci who was fired after she complained to the Michigan State Court Administrative Office about Judge Mark W. Somers' expressing of religious views in the course of performing his judicial duties. It also affirmed the award of over $416,.000 in attorneys' fees. The court upheld the jury's findings that in complaining to SCAO, Pucci was speaking as a citizen on a matter of public concern. (See prior related posting.)

Tennessee Supreme Court Upholds Spiritual Healing Exemption Interpreted Narrowly

In State of Tennessee v. Crank, (TN Sup. Ct.,Feb. 13, 2015), the Tennessee Supreme Court upheld the conviction and sentence to 1-year probation of Jacqueline Crank, a member of the Universal Life Church, who was indicted for child neglect based upon her failure to obtain medical treatment for her daughter.  Her daughter died at age 15 of a rare form of cancer.  Crank argued for acquittal based on Tennessee's "spiritual treatment" statute, TN Code Ann.39-15-402(c), that prevents prosecution of parents who "provide[] treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment." The trial court however held that the Universal Life Church did not qualify as a "recognized church or religious denomination."  Crank appealed arguing that the exemption is unconstitutionally vague, and violates the Establishment and Equal Protection Clauses.  The Tennessee Supreme Court rejected the vagueness argument, holding:

Viewed in context, it is apparent that the legislative intent was for the exemption to apply to members of religious bodies which, like the Church of Christian Science, are established institutions with doctrines or customs that authorize healers within the church to perform spiritual treatment via prayer in lieu of medical care. Because the exemption is effectively limited to members of religious groups that closely resemble the Christian Science Church, the terms at issue are not so vague that the scope of the exemption “cannot be ascertained.”

Then, addressing Crank's argument that the exemption narrowed in this way violates the Establishment Clause and Equal Protection Clause, the Supreme Court said it need not decide that question because, even if Crank is correct, this would lead to elision of the entire spiritual treatment exemption from the child neglect statute. The Court issued a press release and summary of the decision. AP reports on the decision.

Recent Prisoner Free Exercise Cases

In Banks v. Secretary Pennsylvania Department of Corrections, (3d Cir., Feb. 9, 2015), the 3rd Circuit affirmed the dismissal of a Muslim inmate's challenge to prison policies on participation in feasts of Eid al-Fitr and Eid al-Adha, and to the use of prayer oils during religious services.

In Harris v. Pimentel, 2015 U.S. Dist. LEXIS 15338 (ED CA, Feb. 9, 2015), a California federal magistrate judge recommended refusing to strike an inmate's complaint that his cell was searched and his Qur'an kicked under the bed, defiled with a boot mark.

In Richardson v. Cheshire County, 2015 U.S. Dist. LEXIS 15903 (D NH, Feb. 6, 2015), a New Hampshire federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 15902, Jan. 14, 2015) and dismissed a Muslim inmate's complaint regarding the meals he received during Ramadan.

In Abdulkarim v. Metropolitan Sheriff Department, 2015 U.S. Dist. LEXIS 16609 (MD TN, Feb. 11, 2015), a Tennessee federal district court allowed an inmate to proceed with his claim that his jail will not provide religious services for Muslim inmates.

In Woodside-Fisher v. Pulley, 2015 U.S. Dist. LEXIS 17319 (WD CA, Feb. 12, 2015), a California federal district court, adopting a magistrate's recommendation, dismissed an inmate's complaint that his food was tampered with because it was a halal food tray, his non-halal tray was not replaced on 3 occasions, an officer made remarks about his religion, and on one occasion he did not have time for a shower because he was praying.

In Gamble v. Kenworthy, 2015 U.S. Dist. LEXIS 17587 (ED NC, Feb. 12, 2015), a North Carolina federal district court dismissed a Muslim inmate's complaint that control status inmates were not allowed to receive special food from outside the institution for Eid al Fitr.

In Scheeler v. Lehigh County Prison, 2015 U.S. Dist. LEXIS 17781 (ED PA, Feb. 12, 2015), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies and inmate's complaint that he was denied access to his Bible while in the Restricted Housing Unit for 9 days.

House Holds Hearing On RFRA and RLUIPA

Yesterday the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice held a hearing titled Oversight of the Religious Freedom Restoration Act and the Religious Land Use and Instituionalized Persons Act.  The full text of the prepared statements of the four witnesses appearing at the hearing are available on the Committee's website.

Groups Seek Alabama Supreme Court Mandaumus To Stop Same-Sex Marriage Licenses

While Probate Judges in 50 of Alabama's 67 counties have begun to issue marriage licenses to same-sex couples, opposition to a federal district court's invalidation of the state's same-sex marriage ban has not ended.  The Alabama Policy Institute and the Alabama Citizens Action Program filed a petition (full text) with the Alabama Supreme Court on Wednesday seeking a writ of mandamus ordering county probate judges not to issue marriage licenses to same-sex couples or recognize licenses issued to them. The petition argues that fededral court injunctions aimed at the state's attorney general do not bind probate judges. The Supreme Court yesterday issued an order, with two justices filing dissenting opinions, (full text) ordering respondents to file answers by Feb. 18.  Justice Shaw dissenting said: "I would urge restraint and would urge this Court not to interject more confusion into what is already a very confusing situation."  Also yesterday Equality Alabama filed and amicus brief (full text) urging dismissal of the petition. Meanwhile, a Mississippi Ku Klux Klan faction called for support of efforts to defy federal court same-sex marriage rulings.

Rabbi May Be Charged In Up To 88 Cases of Voyeurism

Times of Israel reports on a closed-door meeting held Wednesday evening in Washington, D.C. between federal prosecutors and alleged victims of Rabbi Barry Freundel who was arrested in October for secretly photographing women using the mikveh at Washington's Kesher Israel Synagogue. (See prior posting.)  Currently Freundel has been charged with six misdemeanor counts of voyeurism under D.C. Code Sec. 22-3531(b)-(c).  However, those attending were told that Freundel taped a total of 152 women. Prosecutors say that charges may be filed in a total of 88 of the cases. Either the statute of limitations has run, or the victim cannot be identified, in the other 64 cases. If convicted, Freundel could be sentenced to a $1000 fine and one year in jail on each count.  Prosecutors may negotiate a plea deal, but they say it would have to include jail time. If the cases go to trial, victims would have to identify themselves in the videos, and would be subject to cross-examination.

New Museum of the Bible Being Built In Washington, D.C.

A privately financed $400 million Museum of the Bible is being constructed in Washington, D.C. according to a report today from Haaretz. The Museum, which will be located three blocks from the U.S. Capitol in a historic warehouse that is being extensively renovated, is being built by Steve and Jackie Green, owners of Hobby Lobby stores.  It will house the 40,000 item collection of rare printed Bibles, manuscripts, Torahs and Dead Sea scroll fragments belonging to the Greens who are Southern Baptists. The Museum will feature permanent exhibits focusing on the impact, history and narrative of the Bible, as well as rotating displays. Scheduled to open in November 2017, the Museum plans to collaborate with Jewish organizations.

European Court Says Bulgaria's Treatment of Word of Life Member Violated Religious Freedom

In Dimitrova v. Bulgaria, (ECHR, Feb. 10, 2015), the European Court of Human Rights in a Chamber Judgment held that police action against a member of the Word of Life church violated her religious freedom rights protected by the European Convention on Human Rights. As recounted by the Court:

[A] complaint was submitted to the office of the Sofia City Public Prosecutor by the Directorate of Religious Denominations with the Council of Ministers, raising concerns about the activities of Word of Life in Bulgaria. ... [H]aving carried out an investigation, the prosecutor’s office adopted a decision stating that the “sect” had an influence on its followers which increased the risk of suicide and other psychological problems. Membership might lead to the severance of family and social ties with the wider community; followers were prohibited from watching television or reading literature other than the Bible or from undergoing any form of surgical intervention. In conclusion, the prosecutor decided to order the restriction of the right of members of the three organisations linked to Word of Life from assembling to promote their beliefs and from continuing to operate the Bible study centre....

[T]he applicant was summonsed to appear at the police station and ... a search of her flat was carried out, with a number of personal items seized, for the sole reason that she was known to be a member of the Word of Life community and had organised religious meetings at her home. Following the search, she was issued by the police with an order warning her not to host further meetings of Word of Life.... In these circumstances, since the police action was taken in direct response to the applicant’s manifestation of her religious belief and was intended to discourage her from worshipping and observing her religion further in community with others, the Court finds that it constituted a limitation on her freedom to manifest religion within the meaning of Article 9 § 2.

Law & Religion UK has more on the decision.

Federal District Court Orders Alabama County To Resume Issuing Marriage Licenses

In Alabama, marriage equality litigants have finally found the procedural key to obtaining an injunction to require Mobile County Probate Judge Don Davis to open the marriage license division and issue marriage licenses to same-sex couples.  On Feb. 10, plaintiffs amended their complaint in their case challenging Alabama's same-sex marriage laws to name Judge Davis as a defendant. Two days later in Strawser v. Strange, (SD AL, Feb. 12, 2015)-- the case that had already led to an injunction against the attorney general-- the court issued a preliminary injunction barring Judge Davis, and "all his officers, agents, servants and employees, and others in active concert or participation with any of them" from refusing to issue marriage licenses to same-sex couples.

Meanwhile yesterday morning (before the district court issued its injunction against Judge Davis), Alabama Supreme Court Chief Justice Roy Moore gave a lengthy interview (full transcript) to CNN anchor Chris Cuomo, reiterating his view that Alabama courts are not bound by the district court decisions recognizing same-sex marriage.

Canadian Court Invalidates No-Veil Policy In Taking Citizenship Oath

According to yesterday's Regina Leader-Post, a Canadian Federal Court has struck down the Canadian government's policy of requiring women who wear a face veil for religious reasons to remove it when they take the oath of Canadian citizenship. In a suit brought by a Sunni Muslim woman who immigrated to Canada from Pakistan, the court held that the policy violates the government's own citizenship regulations.  Those regulations require "the greatest possible freedom in the religious solemnization" in taking the oath. (See prior related posting.)

Challengers Move Toward Success In Fraud Suit Against Conversion Therapy Provider

Plaintiffs in recent days have won two important state court victories in a New Jersey consumer fraud lawsuit against an organization that offers "conversion therapy" to gay men. In Ferguson v. JONAH (Jews Offering New Alternatives For Healing), (NJ Super. Ct. Feb. 5, 2015), the trial court ruled that expert testimony of five proposed witnesses, and part of the expert testimony of a sixth, should be excluded at trial.  The court said in part:

[T]he theory that homosexuality is a disorder is not novel but -- like the notion that the earth is flat and the sun revolves around it -- instead is outdated and refuted. Homosexuality was listed as a mental disorder in the DSM until its removal in 1973.... JONAH has not identified any case that provides a standard for the admission of obsolete and discredited scientific theories. By definition, such theories are unreliable and can offer no assistance to the jury, but rather present only confusion and prejudice.

A Southern Poverty Law Center press release has more details.

Plaintiffs' second win came in  Ferguson v. JONAH (Jews Offering New Alternatives For Healing), (NJ Super. Ct. Feb. 10, 2015).  The court granted partial summary judgment to plaintiffs, holding in part that:

it is a misrepresentation in violation of the CFA [Consumer Fraud Act], in advertising or selling conversion therapy services to describe homosexuality ... as being a mental illness, disease, disorder, or equivalent thereof....

The court also held that it is a CFA violation to advertise conversion therapy success statistics when there is no factual basis for calculating the statistics. As reported by The Advocate, a jury must still decide whether defendant made these kinds of misrepresentations. [See prior related posting.]

Russian Supreme Court Upholds Hijab Ban

According to World Bulletin, Russia's Supreme Court yesterday upheld the ban imposed by Russia's Mordovia region on the wearing of the hijab in schools. The appeal to Russia's top court was brought by the Muslim Tatar community in Mordovia.  The ban also applies to religious symbols, as well as to piercings, mini-skirts, jeans and bright-colored hair.

Former Prison Chaplain Pleads Guilty To Passing Messages From Imprisoned Hit Man

The Chicago Tribune reports that yesterday Roman Catholic priest and former prison chaplain Eugene Klein entered a guilty plea in an Illinois federal district court to charges of passing messages hidden in religious materials from an imprisoned mob hit man to a friend when the inmate was restricted in his contact with outsiders. The messages had to do with how to get a valuable violin out of a house that the federal government had seized. As part of his plea agreement, Klein reserved the right to appeal the trial court's refusal to dismiss the charges against him on constitutional grounds.

3rd Circuit Upholds ACA Contraceptive Coverage Accommodation For Religious Non-Profits

In Geneva College v. Secretary U.S. Department of Health and Human Services, (3d Cir., Feb. 11, 2015), the U.S. 3rd Circuit Court of Appeals upheld the Obama administration's accommodation under the Affordable Care Act for religious non-profits that object to furnishing contraceptive coverage. The court rejected claims by the non-profits that the accommodation imposes a substantial burden on their religious exercise in violation of RFRA.  The court said in part:

While the Supreme Court reinforced in Hobby Lobby that we should defer to the reasonableness of the appellees’ religious beliefs, this does not bar our objective evaluation of the nature of the claimed burden and the substantiality of that burden on the appellees’ religious exercise. This involves an assessment of how the regulatory measure actually works. Indeed, how else are we to decide whether the appellees’ religious exercise is substantially burdened? 

... [W]e cannot agree with the appellees’ characterization of the effect of submitting the form as triggering, facilitating, or making them complicit in the provision of contraceptive coverage. At oral argument, the appellees argued that it was not merely the filing of the form that imposed a burden, but, rather, what follows from it. But free exercise jurisprudence instructs that we are to examine the act the appellees must perform—not the effect of that act—to see if it burdens substantially the appellees’ religious exercise.

The court also rejected the argument that the regulations improperly partition the Catholic Church by preventing religious non-profits from claiming the total exemption available to the diocese with which they are affiliated. Pittsburgh Post-Gazette reports on the decision.

UPDATE: On May 6, the mandate was stayed (full text of order) pending U.S. Supreme Court action in Zubik v. Burwell which raises similar issues. (See prior related posting.)