North Carolina County Commission Chairman Says He Will Only Allow Christian Invocations

Reacting to a recent federal district court decision invalidating the invocation practices in a nearby county (see prior posting), Lincoln County, North Carolina, Board of Commissioners Chairman Carrol Mitchem told WBTV News last week that only Christian prayers would be permitted at Council meetings. He said in part:

Other religions, or whatever, are in the minority. The U.S. was founded on Christianity.  I don’t believe we need to be bowing to the minorities. The U.S. and the Constitution were founded on Christianity. This is what the majority of people believe in, and it’s what I'm standing up for....

I don’t need no Arab or Muslim or whoever telling me what to do or us here in the county what to do about praying. If they don’t like it, stay the hell away.... I ain’t gonna have no new religion or pray to Allah or nothing like that.... 

We’re fighting Muslims every day. I'm not saying they’re all bad.  They believe in a different God than I do. If that’s what they want to do, that’s fine. But, they don't need to be telling us, as Christians, what we need to be doing. They don't need to be rubbing our faces in it.

Another Commission member, Alex Patton, disagreed with Mitchem saying that the country was founded on freedom of religion and complained that Mitchem had "just exposed our county to potential litigation, which was needless."

Norway Repeals Its Blasphemy Law

According to Sputnik News, this week the Norwegian Parliament officially repealed the country's blasphemy law.  Section 142 of Norway's General Civil Penal Code had provided:

Any person who by word or deed publicly insults or in an offensive or injurious manner shows contempt for any creed whose practice is permitted in the realm or for the doctrines or worship of any religious community lawfully existing here, or who aids and abets thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding six months. A prosecution will only be instituted when it is required in the public interest.

While attempts at repeal have been made since 2009, the repeal now came to support free speech after the Charlie Hebdo massacre in Paris in February.  Sponsors of the repeal argued that the blasphemy law created a perception that religious expression was entitled to special protection. Repeal was opposed by some Christian spokesmen.  The last time anyone was actually charged under the Norwegian law was in 1933. Writer Arnulf Øverland was acquitted of charges growing out of his lecture titled "Christianity, the tenth plague." [Thanks to Center for Inquiry for the lead.]

In Israel, Coalition Agreements Promise To Roll Back Recent Anti-Haredi Religious Changes

JWeekly reported yesterday that in Israel the coalition agreements signed by Benjamin Netanyahu in order to create a parliamentary majority in the newly-elected Knesset will roll back anti-haredi religious reforms enacted by the last government:

A coalition agreement signed last week between the Likud Party led by Prime Minister Benjamin Netanyahu and the haredi Orthodox United Torah Judaism faction promises to dismantle a raft of legislation enacted in the last two years that chipped away at several longstanding entitlements enjoyed by the haredi, or ultra-Orthodox, community. Shas, the Sephardic haredi party, signed its own coalition agreement with Likud this week that will cement the power of religious parties in the next government.

Led by the Yesh Atid party, the last government passed laws to include haredim in Israel’s mandatory military draft and encourage the teaching of math and English in government-funded haredi schools. The government, which did not include the haredi parties, also allowed dozens of municipal Orthodox rabbis to perform conversions, vastly increasing the number of conversion courts from the four controlled by the haredim. Other laws cut subsidies to haredi yeshivas and large families, many of whom are haredi.

The Likud-UTJ agreement promises to repeal the conversion decision, increase subsidies to yeshivas and large families, and relieve haredi schools of the obligation to teach secular subjects. The agreement also gives the incoming defense minister sole authority to decide whether to implement the draft law, effectively allowing him to choose not to enforce it. A UTJ lawmaker will head the powerful Knesset Finance Committee, while Shas will control the Religious Services Ministry, which handles most religion-state policies.

However earlier this week, ahead of the new Knesset taking over, Israel's Attorney General Yehuda Weinstein told the High Court of Justice that the government will no longer fine restaurant owners who display religious certification from private organizations rather than from the Chief Rabbinate. Times of Israel reported yesterday that the move comes in a case brought on behalf of two Jerusalem restaurants by the Reform Movement's Center for Religious Action.  The restaurants will still not be able to advertise themselves as "kosher," but only as having a private certification.

Faith Healer Sues Atheist Activist Claiming Misuse of YouTube Video

In Arizona last week, Adam Miller, a "spiritual transformational healer," filed a federal lawsuit against Joel Guttormson, an activist in the atheist and transgender communities, who allegedly obtained and misused Miller's promotional video by hacking into a private YouTube account.  The complaint (full text) in Miller v. Guttormson, (D AZ, filed 4/28/2015), alleges that Guttormson misappropriated a video titled "Healer Adam Miller – Explanation of the Healing Work," inserted into it allegations attacking the truthfulness of statements in it, and uploaded it to Guttormson's own publicly available YouTube channel under the title "Adam Miller: Con Artist." At the end of the doctored video, Guttormson promotes a website and an online atheist audio bookstore. The doctored video then appeared at the top of any Google search for Adam Miller. Guttormson subsequently uploaded two additional videos attacking Miller to YouTube. The complaint alleges copyright infringement, intentional interference with business expectancies and defamation. Techdirt blog criticizes the lawsuit at length.

Suit Seeking Declaration That Homsexuality Is Sinful Receives Quick Dismissal

With the leading academic law-and-religion listserv filled with suggestions for grounds on which the lawsuit might be dismissed, a Nebraska federal district judge has, only six days after the suit was filed, dismissed for lack of subject matter jurisdiction a suit purportedly brought as ambassador of God and Jesus against "Homosexuals" apparently seeking to have the court declare that homosexuality is a sin.  In Driskell v. Homosexuals, (D NE, May 6, 2015), the court began by stating: "A federal court is not a forum for debate or discourse on theological matters." The court went on to find that plaintiff has not complied with the general rules of pleading, plaintiff lacks standing and plaintiff has not set forth a factual or legal basis for a claim under the Constitution, laws, or treaties of the United States.  Advocate reports on the decision.

Today Is the Official National Day of Prayer

A federal statute, 36 USC Sec. 119, requires the President to issue a Proclamation each year designating the first Thursday in May as "a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals."  This year's Proclamation (full text) which this morning is on the National Day of Prayer Task Force website, but not yet on the White House website, reads in part:

When women and men of all backgrounds and beliefs are free to practice their faiths without fear or coercion, it bolsters our religious communities and helps to lift up diverse and vibrant societies throughout our world. In America, our Nation is stronger because we welcome and respect people of all faiths, and because we protect the fundamental right of all peoples to practice their faith how they choose, to change their faith, or to practice no faith at all, and to do so free from persecution and discrimination. Today, as we pause in solemn reflection, we celebrate the religious liberty we cherish here at home, and we recommit to standing up for religious freedom around the world.

In recent years, the National Day of Prayer has become increasingly controversial as the private National Day of Prayer Task Force has emphasized a Christian-themed program and the White House, particularly under Barack Obama, has attempted to make the event more inclusive. (See prior posting.) The Washington Post carried an opinion piece yesterday making a similar point titled Let’s stop pretending we’re being inclusive on the National Day of Prayer. This year's National Observance planned by the Task Force will be held this morning on Capitol Hill at the Cannon House Office Building and will be llive streamed here beginning at 9:00 am. This year's honorary chair is Dr. Jack Graham. The listed speakers include at least one non-Christian, the politically conservative Rabbi Daniel Lapin who heads the American Alliance of Jews and Christians. Lapin's Message on that organizaion's website reads in part: "I realized that Jews lived more benignly, more tranquilly and more prosperously today in the United States than anywhere else in the world during the past two thousand years.  It was clear to me that this was precisely because America is a Christian country."

UPDATE: The Presidential Proclamation is now also on the White House website.

Former Town Marshal Outlines FLDS Control of Two Towns

Sunday's Salt Lake Tribune carried an article titled A Polygamous Community’s Cop is Spilling its Secrets. reporting on an interview with Helaman Barlow, a former marshal in the twin towns of Colorado City, Arizona and Hildale, Utah. Barlow said that the community has always been a theocracy run by the FLDS church.  Barlow cited examples of his accommodating FLDS leadership:

He knew men who took 16-year-old girls as plural wives. The marriages were sanctioned by the Fundamentalist Church of Jesus Christ of Latter-Day Saints, so Barlow didn't report them.

He looked up license plates for church security so they could track dissenters and their families. He obstructed the FBI when it came to town.

Church Attendance Did Not Violate Sex Offender's Probation Terms

Bangor Daily News reports that a Maine state trial court judge ruled yesterday that convicted sex offender Jason Simpson did not violate the terms of his probation by attending a church service where children were present.  Simpson was convicted in 2007 on 8 counts of gross sexual assault involving a 5-year old boy and 7-year old girl. Conditions of his probation included no contact with children.  Simpson did not speak to any child at the March 22 church service in Augusta that he attended, but a woman whose grandchildren were in church reported Simpson to his probation officer.

Afgahn Court Sentences Men Charged In Mob Killing Of Woman Falsely Accused of Burning Quran

Yesterday Afghanistan's Primary Court in Kabul sentenced four men to death by hanging for the mob killing of a 27-year old woman who was falsely accused of burning the Qur'an.  Eight others were sentenced to 16 years in prison, while charges were dropped against 18 men for lack of evidence.  Nineteen police officers charged in the case with neglect of duty and failure to stop the attacks will be sentenced on Saturday. AP reports:

On March 19, a mob attacked Farkhunda after an amulet peddler accused her of burning a Quran after she challenged him over selling his wares to women desperate to have children. Chilling mobile phone videos recorded the horror of the last moments of Farkhunda's life, as she was punched, kicked, beaten with wooden planks, thrown off a roof, run over by a car and ultimately set afire on the banks of Kabul River.

The two full days of hearings in Farkhunda's trial were broadcast live across the country.

Pro Se Plaintiff Asks Court To Declare Homosexuality A Sin

As reported by the Lincoln Journal Star, a 66-year old Nebraska woman last week filed a 7-page handwritten complaint (full text) captioned Sylvia Ann Driskell, Ambassador for Plaintiffs God, and His Son, Jesus Christ vs. Homosexuals, Their Given Name Homosexuals, Their, Alis Gay, (D NE, filed 5/1/2015). The somewhat incoherent complaint, citing Biblical verses, apparently seeks to have the court declare that homosexuality is a sin. [Thanks to Friendly Atheist for the link to the complaint.]

Suit Claims Drug Treatment Center Uses Scientology Rituals

Yesterday's Santa Cruz Sentinel reports on a lawsuit filed last month in a California federal district court against Narconon drug rehabilitation centers (and related entities) alleging that they falsely represent their success rate and are used to recruit people into the Church of Scientology. The class action complaint (full text) in Burgoon v. Narconon of Northern California, (ND CA, filed 3.25/2015), alleges false advertising, deceptive trade practices, negligent misrepresentations and breach of contract.  Among the key allegations in the complaint is:

Defendants represented, through their advertising and other express representations, that the drug rehabilitation services they offered were “secular” and not associated with any religion when, in fact, their treatment program required the Plaintiff and Class Members to study Scientology and engage in Scientology religious rituals as “treatment.”

A similar lawsuit was filed in Michigan in January against a Narconon Center there. (See prior posting.)

6th Circuit Rejects Free Exercise Claim By Christian Militia Member Over Seizure of Bibles

In Meeks v. Larsen, (6th Cir., May 5, 2015), the U.S. 6th Circuit Court of Appeals dismissed the civil rights complaints brought by a Michigan militia group against federal law enforcement officials.  Plaintiffs claimed that search warrants and the resulting searches violated their 1st, 2nd, 4th and 5th Amendment rights. As reported by WLS-TV News:

The Hutaree Militia formed in 2006, preparing for the apocalyptic end of time with commando exercises and live ammunition training....

For years the Hutaree Christian Warriors enjoyed playing war games in the woods of Northwest Indiana and Southern Michigan. But in 2010, federal authorities said the Hutaree Games had given way to a violent plot aimed at killing police and overthrowing the government.

Nine militia members were arrested, but the charges ended up being dismissed, and some members sued federal authorities for violating their rights.

Among the claims unsuccessfully asserted by the Hutaree was that the free exercise rights of one of their members were infringed by the seizure of copies of the Bible during the search.  The 6th Circuit held that it is questionable whether a cause of action for damages for violation of the Free Exercise Clause exists, but even if it does, plaintiff had not plead violation of a clearly-established right sufficient to overcome defendants' qualified immunity, nor had plaintiff plead that the seizure placed a substantial burden on his practice of religion.

A Bit of Humor On A Serious Topic...

For those who have been promising themselves that they will listen to the full Supreme Court oral arguments in Obergefell v. Hodges, the same-sex marriage cases argued last week, but have not gotten around to it, the task has now perhaps become more inviting with the posting on YouTube of the arguments synchronized with John Oliver dog clips:

Madison, Wisconsin Bars Discrimination Against Atheists, Agnostics, and Nonbelievers

As reported recently by AP, last month the city of Madison, Wisconsin enacted amendments (full text) to its Equal Opportunities Ordinance adding "nonreligion"  to the protected classes covered by its employment, housing and public accommodation anti-discrimination law (final action 3/31, enactment date 4/9). The ordinance defines "nonreligion" as "atheism, agnosticism, or other disbelief or lack of belief in the existence of God or gods."  Under the ordinance, non-profit religious organizations can still give preference to members of their own, or similar, denominations in hiring for instructional or policy-making positions, including hiring chaplains or counselors. According to a Freedom From Religion Foundation attorney, one of the reasons for enactment of the amendments is the recent increase in Madison of religiously-owned housing.

Cert Denied In Challenge To New Jersey's Reparative Therapy Ban

Yesterday the U.S. Supreme Court denied review in King v. Christie, (Docket No. 14-672, cert. denied 5/4/2015) (Order List).  In the case, the 3rd Circuit upheld against 1st Amendment challenges New Jersey's statute barring professional counselors from engaging in sexual orientation change therapy with minors. (See prior posting.)  The Hill reports on the Supreme Court's denial of certiorari.

District Court Invalidates Invocations Delivered By County Commissioners Instead of Invited Clergy

In Lund v. Rowan County, North Carolina, (MD NC May 4, 2015), a North Carolina federal district court held that a county Board of Commissioners invocation policy is not constitutionally permissible under the Supreme Court's Town of Greece decision when sectarian invocations are delivered by the county commissioners themselves rather than invited clergy and other prayer-givers.  The court said in part:

Under the Board’s practice, the government is delivering prayers that were exclusively prepared and controlled by the government, constituting a much greater and more intimate government involvement in the prayer practice than that at issue in Town of Greece or Marsh....

Additionally, because of the prayer practice’s exclusive nature, that is, being delivered solely by the Commissioners, the prayer practice cannot be said to be nondiscriminatory....  [T]he present case presents a closed-universe of prayer-givers, that being the Commissioners themselves, who favored religious beliefs believed to be common to the majority of voters in Rowan County. While an all-comers policy is not necessarily required, a nondiscriminatory one is. When all faiths but those of the five elected Commissioners are excluded, the policy inherently discriminates and disfavors religious minorities. That some day a believer in a minority faith could be elected does not remedy that until then, minority faiths have no means of being recognized.

The court also held that the county's prayer practice is unconstitutionally coercive in violation of the Establishment Clause. Charlotte Observer reports on the decision.

Recent Articles and Books of Interest

From SSRN:

• Josh Blackman, Collective Liberty, (Floyd Abrams Freedom of Expression Scholars Conference at Yale Law School, May 2-3, 2015).
• Ioana Cismas & Stacy N. Cammarano, Whose Right and Who's Right? The US Supreme Court v. The European Court of Human Rights on Corporate Exercise of Religion, (Boston University International Law Journal, Vol. 34, No. 1, 2016 Forthcoming).
• Dov Fox, Religion and the Unborn under the First Amendment, (April 27, 2015).
• Alexander Guney, Standing Before the Law: A Perspective on the Intersection of Law and Society, (University of San Francisco Law Review, Vol. 49, No. 161, 2015).
• Perry Dane, Judaism, Pluralism, and Constitutional Glare, (Rutgers Journal of Law and Religion, Forthcoming).
• Robert J. Hunt & James J. Woodruff, God & Man in the Military: Military Commanders and the First Amendment, (The Reporter: Education and Outreach for The Judge Advocate General's Corps, Vol. 42, No. 1, 2015).

From SSRN (non-US law):

• Alev Dudek, Integration of and the Potential for Islamic Radicalization Among Ethnic Turks in Germany, (June 16, 2014).
• Vanessa Haggie, But Names Will Never Hurt Me: Extending Hate Speech Legislation to Protect Gender and Sexual Minorities in New Zealand, (2013).

From SSRN (Marriage):

• Jack B. Harrison, On Marriage and Polygamy, (Ohio North University Law Review, Vol. XLII, Forthcoming).
• Katie R. Eyer, Brown, Not Loving: Obergefell and the Unfinished Business of Formal Equality, 125 Yale L. J. F. 1 (2015).

From SSRN (Charity law):

• Linda Sugin, Strengthening Charity Law: Replacing Media Oversight with Advance Rulings for Nonprofit Fiduciaries, (Tulane Law Review, Vol. 89, No. 3, 2015).
• Miranda Perry Fleischer, Libertarianism and the Charitable Tax Subsidies, (Boston College Law Review, Vol. 56, September 2015).

New Books:

• Gary Scott Smith, Religion in the Oval Office: The Religious Lives of American Presidents, (Oxford Univ. Press, March 31, 2015), reviewed by Wall of Separation blog.
• Anna Grzymała-Busse, Nations under God: How Churches Use Moral Authority to Influence Policy, (Princeton Univ. Press, April 2015).
• Andrew Hambler, Religious Expression in the Workplace and the Contested Role of Law, (Routledge, 2015).

Muhammad Drawing Exhibit In Texas Ends As 2 Gunmen Attempt Attack and Are Killed

In Garland, Texas Sunday night, a controversial Muhammad Art Exhibit and Contest sponsored by Pamela Geller's American Freedom Defense Initiative ended in violence as two gunmen opened fire outside the event venue, wounded a security guard, and were killed in return fire by police.  According to the Dallas Morning News, the guard who was shot was released from the hospital after being treated for a leg wound. The identities of the two gunmen had not yet been made public late Sunday. According to an earlier report by the Dallas Morning News, the Exhibit was booked at Garland's Curtis Cultural Center after the Center hosted Sound Vision Foundation’s Stand With the Prophet in Honor and Respect event.  The contest offered a top prize of $10,000 for the best drawing, and received around 350 entries. (Depicting Muhammad is seen as offensive by some schools of Muslim thought.) The winner of AFDI's contest was cartoonist Basch Fawstin who has posted his winning cartoon on his website. The keynote speaker at the event was right-wing Dutch politician  Geert Wilders who told the audience: "We are here in defiance of Islam to stand for our rights and freedom of speech."

Recent Prisoner Free Exercise Cases

In Herbert v. Balducci, 2015 U.S. Dist. LEXIS 54866 (WD WA, April 27, 2015), a Washington federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 54945, Jan. 8, 2015) and dismissed an inmate's claim that his free exercise rights were infringed by prison policy that limits reading material to a Bible while serving disciplinary confinement  Plaintiff argued this means he is forced to read a Bible and cannot read his Alcoholics Anonymous Big Book.

In Truidalle v. Godinez, 2015 U.S. Dist. LEXIS 55061 (CD IL, April 28, 2015), an Illinois federal district court dismissed with leave to amend a complaint by a Rastafarian inmate that he was receiving a vegan rather than a kosher diet, and that his religion was wrongly changed on his identification card to "other."

In Walker v. Fasulo, 2015 U.S. Dist. LEXIS 56209 (D NV, April 29, 2015), a Nevada federal magistrate judge permitted a Muslim inmate to move ahead with his complaints that  jail officials prevented him from praying (and threatened to send him to disciplinary housing if he prayed without permission), prevented him from attending Jumua services, and from obtaining Kosher-Halal meals.

In Simmons v. Williams, 2015 U.S. Dist. LEXIS 56134 (SD GA, April 29, 2015), a Georgia federal magistrate judge recommended permitting an inmate to move ahead with his claims that a search resulting in his being undressed in front of other men and having to shave his beard imposed a substantial burden on the exercise of his religion.

In Wilson-El v. Mutayoba, 2015 U.S. Dist. LEXIS 56163 (SD IL, April 29, 2015), an Illinois federal district court held that requiring an inmate who had successfully recovered $10,100 in punitive damages against prison officials who had denied his request for a vegan diet should not be required to pay more than a nominal amount of his $15,000 attorneys fees, with the remainder paid by defendants.

In Kindred v. Allenby, 2015 U.S. Dist. LEXIS 56318 (ED CA, April 29, 2015), a California federal magistrate judge dismissed with leave to amend a complaint by a Native American civil detainee that Native Americans were denied the right to hold Sunrise Prayer Ceremonies, were retaliated against for displaying sacred or spiritual items, and that his spiritual rug was confiscated and his medicine bag desecrated.

Justice Department Wins Its Suit Against Florida To Require a Kosher Meal Program In Prisons

The U.S. Department of Justice has won it long-running lawsuit against the state of Florida over its prisons' kosher meal policy.  In United States v. Secretary, Florida Department of Corrections, (SD FL, April 30, 2015), a Florida federal district court held that the blanket denial of kosher meals violates RLUIPA, and issued a permanent injunction requiring the state to provide kosher meals to those prisoners with a sincere religious belief requiring kosher meals.  The state initially suspended its kosher meal program for budgetary reasons, but reinstituted a program in 2013.  However the state rejects the claim that it is by law required to provide kosher meals. In granting the injunction, the court said in part:

Because neither side disputes that a blanket denial of kosher meals imposes a substantial burden on prisoners' religious exercise for those prisoners that have a sincere religious belief requiring them to eat kosher, the burden is on Defendants to demonstrate that denying such prisoners kosher meals (a) is in furtherance of a compelling state interest and (b) is the least restrictive means of achieving that interest. Throughout this litigation, Defendants have asserted that they have a compelling state interest in cost containment and that not providing a kosher diet is the least restrictive means of achieving cost containment.  Defendants have not met their burden....

As the United States contends, it is hard to understand how Defendants can have a compelling state interest in not spending money that they are already voluntarily spending on the exact thing they claim to have an interest in not providing.

The court also enjoined two other aspects of the religious diet program: the zero tolerance policy on infractions and the rule requiring removal from the program of an inmate who has missed 10% of his meals. However the court refused to enjoin the potential use as one part of its testing of an inmate's religious sincerity a question asking the inmate to identify the religious rules that require him to eat a religious diet. The Justice Department issued a press release announcing the decision. Orlando Sentinel yesterday reported on the decision.