Judicial Inquiry Commission Files Complaint Against Alabama CJ

As reported by AP, the Alabama Judicial Inquiry Commission yesterday filed a Complaint (full text) against Alabama Supreme Court Chief Justice Roy Moore contending that Moore abused his authority and acted in violation of the Code of Judicial Ethics when in January he issued an administrative order to all probate judges telling them that they had a duty under Alabama law to continue to refuse to issue marriage licenses to same-sex couples. (See prior posting.)  Moore's action ignored federal court orders to the contrary.

Church Sues Over Misrepresentation of Its Views On Same-Sex Marriage

A Hudsonville, Michigan church this week filed a false-light invasion of privacy lawsuit in Michigan state court against a gay rights activist whom it accuses of falsely representing that the church supports same-sex marriage. The complaint (full text) in Jenison Bible Church, Inc. v. VanderLey, (MI Cir. Ct., filed 5/3/2016), contends that when Bradlee Dean, a controversial Christian speaker opposed to same-sex marriage, was scheduled speak in the area, defendant Daniel VanderLey arranged a demonstration against him and sought to have local churches join it.  VanderLey sent demand letters to local churches, including Jenison Bible Church, telling them that unless they affirmatively opted out, VanderLey would arrange to have a sign saying that the church "stands for love not hate" displayed at the anti-Bradlee Dean rally.  The complaint contends that this public distortion of Jenison Bible Church's views on same-sex marriage and sexual immorality negatively impacts its ability to share the Gospel and damages its reputation in the eyes of other churches, it neighbors, and those potentially interested in joining the church. The suit seeks an injunction, a published retraction and a public apology. [Thanks to Brian D Wassom for the lead.]

Lawsuit Charges Restaurant With Discriminating Against Muslim Patrons

The Orange County Register reported yesterday on the messy facts surrounding a discrimination lawsuit filed by 7 Muslim women against a Laguna Beach, California restaurant.  On April 22, the women, most of whom were wearing hijabs, were sitting at a table on the uncrowded outdoor patio near the restaurant entrance.  They  were asked to leave for violating the restaurant's rule against remaining at a table more than 45 minutes after eating. The Register report fills in further details:

 “The women were singled out and targeted because they appeared to be Muslim,” said attorney Mohammad Tajsar. “Urth Caffe targeted these women as a way of cleansing their location of women that appeared to be Muslim to appease the Islamaphobia in a predominantly white Laguna Beach community.”

Shallom Berkman, owner of Urth Caffe, disputed the claims. His wife, Jilla, who is Muslim, was the one who advised management to call police after the women became rude toward restaurant staff, he said.

Urth Caffe announced Wednesday that it is being represented by the American Freedom Law Center, a firm that specializes in faith-based lawsuits.

“Urth Caffe did not discriminate against the women who have filed this fraudulent lawsuit," said David Yerushalmi, co-founder and senior counsel for the center. “The lead plaintiff (Sara Farsakh) in the frivolous lawsuit is ... a college-age activist for Palestinian causes. We intend to sue Farsakh and her co-conspirators for trespass and to seek damages.”

Lawsuit Challenges School's Accommodation of Transgender Rights and DOE's Rules

In the escalating war over transgender rights, a lawsuit was filed in federal district court in Illinois this week by a group of  high school students and their parents challenging an agreement between a Cook County school district and the Department of Education to permit a transgender student in one of the high schools access to girls' locker rooms. The suit also challenges the school district's policy of allowing students to use restrooms that correspond to their gender identity.

The 83-page complaint (full text) in Students and Parents for Privacy v. Department of Education, (ND IL, filed 5/4/2016), says that the school district was threatened with the loss of $6 million in federal funding if it did not agree to the arrangement. It alleges that the locker room agreement and restroom policy cause students to lose their constitutionally protected right of privacy by requiring them to have their partially or fully unclothed bodies exposed to persons of the opposite sex.  The complaint contends that this also violates students' right under Title IX to an education that is free from a hostile environment based on sex, and infringes parents' rights to control the upbringing and education of their children.

The suit also contends that the Department of Education acted contrary to law when it interpreted Title IX's reference to "sex" discrimination as including "gender identity." Chicago Tribune reported on the lawsuit.

FFRF Sues House Chaplain Over Invocation Requirements

The Freedom From Religion Foundation yesterday filed suit in federal district court in Washington, D.C. against the U.S. House of Representatives, its Chaplain and other House officials.  The complaint (full text) in Barker v. House of Representatives, (D DC, filed 5/5/2016), challenges the criteria used by the current House Chaplain in approving guest chaplains who deliver some 40% of the invocations opening House sessions. The House Chaplain requires that the guest chaplain be sponsored by a member of the House, be ordained, and deliver an invocation addressed to a "higher power."  Plaintiff Daniel Barker, co-president of the Freedom From Religion Foundation, says he meets all these requirements, but was not permitted to deliver an invocation on the ground that his ordination is not in a religion that he now practices. The complaint alleges more generally that "the guest chaplain requirements are inherently discriminatory against the nonreligious and minority religions." The suit seeks declaratory and injunctive relief.

FFRF issued a press release announcing the filing of the lawsuit, saying in part:

FFRF is asking the ... Court ... to declare that barring atheists and other nonreligious individuals from the position of guest chaplain violates the Constitution and RFRA, and that requiring guest chaplains to invoke a supernatural power violates Article VI. The organization is also bringing an Establishment Clause claim under the First Amendment of the Constitution, pointing out the chaplain's office is showing an unconstitutional preference for religion over nonreligion.

"We take some satisfaction in filing this lawsuit on the National Day of Prayer, an unconstitutional law enacted at the behest of the Rev. Bill Graham in 1952 requiring the president to issue an annual proclamation exhorting citizens 'to turn to God in prayer, at churches,'" says Barker.

Megachurch Sued In Child Sexual Abuse Case

Yesterday's Tennessean reports on a civil lawsuit filed in a Tennessee state court last month against the megachurch Cornerstone Nashville and against a former church volunteer, Brian Mitchell, who allegedly sexually abused plaintiff in 2007 when plaintiff was ten years old. The paper reports:

The victim's mother had asked church staff to pair her son with a mentor, thinking he would benefit from an adult male role model since his father died by suicide when he was an infant, the lawsuit states. Church staff paired the boy with Mitchell despite his prior misdemeanor conviction of contributing to the delinquency of a minor....

The lawsuit also says church staff attempted to cover up their role by "making misleading statements in the news media, and blamed (the victim's) mother and family for (his) victimization."

The suit seeks $10 million in punitive damages, charging negligence and reckless or intentional infliction of emotional distress.

Today Has Been National Day of Prayer

Today has been the National Day of Prayer.  Under 36 USC Sec. 119, the president is 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."  President Obama issued this year's Proclamation (full text) yesterday. The Proclamation reads in part:

In times of steady calm and extraordinary change alike, Americans of all walks of life have long turned to prayer to seek refuge, demonstrate gratitude, and discover peace.  Sustaining us through great uncertainty and moments of sorrow, prayer allows us an outlet for introspection, and for expressing our hopes, desires, and fears.  It offers strength in the face of hardship, and redemption when we falter.  Our country was founded on the idea of religious freedom, and we have long upheld the belief that how we pray and whether we pray are matters reserved for an individual's own conscience.  On National Day of Prayer, we rededicate ourselves to extending this freedom to all people.

The national observance, sponsored by the private National Day of Prayer Task Force, took place at the Canon House Office Building on Capitol Hill this morning.  The Task Force also announced today that  Anne Graham Lotz, daughter of Dr. Billy Graham, is succeeding Shirley Dobson as chair of the Task Force.  Dobson has served in that role for 25 years.

Today Is National Day of Reason

Today is National Day of Reason promoted by the American Humanist Association, and, as explained by them, designed to "affirm our commitment to the Constitutional separation of religion and government, and to celebrate Reason as the guiding principle of our secular democracy." According to an AHA press release:

In addition to leading the national push for a secular celebration of reason, the American Humanist Association also encourages state and local resolutions and proclamations to recognize the day. This year, Delaware Governor Jack Markell; Iowa Governor Terry Branstad; Colorado Governor John W. Hickenlooper; Mayor James A. Throgmorton of Iowa City, Iowa; Mayor Quentin Hart of Waterloo, Iowa; and Mayor Michael B. Hancock of the City and County of Denver, Colorado, have signed Day of Reason proclamations.

Links to the text of these proclamations, as well as one introduced into Congress, are available online.

Yom Hashoah Marked By Obama, Canadian Prime Minister

Yom Hashoah (Holocaust Remembrance Day) on the Jewish calendar began last night at sundown.  President Obama issued a Statement (full text) marking the day.  In addition to paying tribute to those who perished in the Holocaust, and those who survived it, the President also focused on contemporary anti-Semitism, saying:

Today, and every day, we stand in solidarity with the Jewish community both at home and abroad.  We stand with those who are leaving the European cities where they have lived for generations because they no longer feel safe, with the members of institutions that have been attacked because of their Jewish affiliations, and with the college students forced to confront swastikas appearing on their campuses.  And we call upon all people of good will to be vigilant and vocal against every form of bigotry.

Canadian Prime Minister Justin Trudeau also issued a statement (full text) marking Yom Hashoah.

Transgender Bathroom Bills Trigger Strong Responses

Two developments yesterday highlight the reactions to legislative initiatives to ban transgender individuals from using restrooms that match their gender identity.  As reported by the New York Times, the Justice Department yesterday sent a letter (full text) to North Carolina Governor Pat McCrory warning that compliance with North Carolina's recently enacted House Bill 2 places the state in violation of Title VII of the 1964 Civil Rights Act, and threatens millions of dollars in federal funding.  The letter says in part:

Access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition, or privilege of employment. Denying such access to transgender individuals, whose gender identity is different from their gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII.

The Justice Department also told the University of North Carolina that compliance violates Title IX, and told the state Department of Public Safety that it amounts to a violation of the Violence Against Women Reauthorization Act.

Meanwhile, in Oxford, Alabama, the City Council voted 3-2 yesterday to rescind the public restroom ordinance that it passed last week.  (See prior posting.) The ordinance had not yet been signed by the mayor and so had not become law. As reported by Alabama Media Group, the ACLU was already planning a legal challenge, and the city attorney had warned that the ordinance as written might violate Title IX. The ordinance was a response to a policy announcement by Target stores that they welcome employees and customers to use restrooms and fitting rooms that correspond to their gender identity.

UPDATE: On May 2, the EEOC issued a Fact Sheet on Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964. Corporate Counsel reports on the EEOC's action.

Suit Challenges 25-Foot Cross In Florida Park

The American Humanist Association yesterday announced the filing of a federal court lawsuit against the city of Pensacola, Florida to challenge the city's ownership, maintenance and display of a 25-foot tall Christian cross that stands alone in the city's Bayview Park.  The complaint (full text) in Kondrat’yev v. City of Pensacola, Florida, (ND FL, filed 5/4/2016) says that the history of the cross is uncertain, but it is used solely for Christian Easter sunrise services each year. The cross was placed in the park sometime between 1951 and 1965, probably by the Jaycees. Easter services in the park pre-date the erection of the cross there. The lawsuit seeks an injunction ordering removal of the cross from government property.

6th Circuit: Remaining Convictions In Amish Beard-Cutting Case Stand

In United States v. Mullet, (6th Cir., May 4, 2016), the U.S. 6th Circuit Court of Appeals affirmed convictions of 15 members of the Bergholz, Ohio Amish community on charges of conspiracy, concealing evidence and lying to the FBI.  The convictions grew out of hair and beard-cutting attacks by one faction of the Amish community against other Amish. Originally defendants had also been convicted of hate crimes, but those convictions were reversed in an earlier appeal due to faulty jury instructions. The government chose not to retry defendants on those charges. (See prior posting.)  In yesterday's decision, the 6th Circuit held that because the challenges raised to the remaining convictions were not raised in the first appeal, they cannot be raised now.  The court also rejected various challenges to the sentences imposed by the trial court.  Reuters reports on the decision. [Thanks to Tom Rutledge for the lead.]

Muslim Woman Sues Long Beach Police Over Forced Removal of Hijab

A suit was filed last week in federal district court in California against the city of Long Beach and its police by a Muslim woman who says that her hijab (headscarf) was forcefully removed while she was being booked by police and held overnight in jail on outstanding warrant charges.  The complaint (full text) in Powell v. City of Long Beach, (ED CA, filed 4/29/2016), alleges that police policy violates RLUIPA, the 1st Amendment and the California constitution.  It seeks damages and an injunction requiring a change in policy so that the police department accommodates religious head wear of those being booked into police custody.  The suit also seeks to enjoin the public release of plaintiff's booking photo which shows her with her head uncovered. LA List reports on the lawsuit.

Suit Charges Rabbi With Sexual Abuse of High School Boy

AP reports on a federal court lawsuit filed yesterday in Connecticut by 28-year old Eliyahu Mirlis against Rabbi Daniel Greer and the Jewish high school and elementary school that the rabbi heads.  The suit alleges that between 2001 and 2005 Rabbi Greer (then in his 60's) forced plaintiff to engage in sexual acts with him. The suit alleges that the sexual assaults took place on school property, at Greer's home and elsewhere. Greer is a graduate of Princeton and Yale Law School.  In 2002 he testified before the state legislature in opposition to same-sex unions.  He was also previously a member of the New Haven police commissioners' board.  The suit also alleges that the schools allowed the abuse to go on for years, and that Greer abused at least one other boy.

Suit Claims Employer Required Watching of Scientology Based Videos

Yesterday's Las Vegas Review-Journal reported on an employment discrimination lawsuit filed April 26 against Real Water, a water bottling company owned by a member of the Nevada legislature.  Former "brand ambassador" Grecia Echevarria-Hernandez, a Catholic, alleged that company owner Brent Jones required her to watch self-improvement courses based on Scientology in order to qualify for raises or promotion.  She refused to do so.  Eventually she was fired. She claims this was because of her differing religious views.

President Declares May As Jewish American Heritage Month

Last week, President Obama issued a Proclamation (full text) declaring May as Jewish American Heritage Month. The Proclamation reads in part:

Jewish Americans, having shared in the struggle for freedom, have been instrumental in ensuring our Nation stays true to the principles enshrined in our founding documents. They have helped bring about enduring progress in every aspect of our society, shaping our country's character and embodying the values we hold dear.

Yesterday, Democratic leader Nancy Peolsi also issued a statement  on Jewish American Heritage Month.

Court Allows Challenges To NJ Law On Sale of Headstones To Proceed

In Roman Catholic Archdiocese of Newark v. Christie, (D NJ, April 29, 2016), a New Jersey federal district court refused to dismiss some of the challenges by the Catholic Archdiocese to a New Jersey statute making it illegal for religious groups that operate cemeteries to also sell monuments or private  mausoleums.  The court held that, even though the statute is subject only to rational-basis review, it is premature to dismiss claims that the law violates the equal protection and due process clauses of the U.S. Constitution.  The court did however dismiss plaintiffs' contracts clause and privileges or immunities clause challenges. The statute was enacted last year (see prior posting) after the Archdiocese went into competition with for-profit monument makers. New Jersey Law Journal reports on the decision. [Thanks to Steven H. Sholk for the lead.]

5th Circuit: Texas Prisons' Grooming and Headwear Policies Violate RLUIPA

Reflecting the approach taken last year by the U.S. Supreme Court in Holt v. Hobbs (see prior posting), yesterday the U.S. 5th Circuit Court of Appeals in Ali v. Stephens, (5th Cir., May 2, 2016) held that the Texas prison system's grooming and headwear policies violate a Muslim inmate's rights under RLUIPA.  The court affirmed the trial court's grant of declaratory and injuctive relief to allow an observant Muslim inmate to grow a 4-inch beard and wear his kufi throughout the prison facility.

Cert. Denied In Challenge To Alabama Prisoner Grooming Restrictions

The U.S. Supreme Court yesterday denied review in Knight v. Thompson, (Docket No. 15-999, cert. denied 5/2/2016). (Order List.) In the case, the U.S. 11th Circuit Court of Appeals upheld the Alabama prison system's grooming requirement that prohibited Native American inmates from wearing long hair, even for religious reasons. (See prior posting.) AP reports on the denial of certiorari.

USCIRF Issues 2016 Annual Report On Religious Freedom Abuses Around the World

The U.S. Commission on International Religious Freedom today released its 2016 Annual Report (full text). The Report recommends that the Secretary of State re-designate 9 countries as "countries of particular concern," i.e. countries that engage in or tolerate systematic, ongoing and egregious violations of religious freedom: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan. It also recommends adding 8 other countries as CPC's: Central African Republic, Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan, and Vietnam. (In fact on April 14, the State Department did add Tajikistan. See prior posting.)

USCIRF designated 10 countries as Tier 2 nations that have serious religious freedom issues, but which do not rise to the level of CPC's: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos, Malaysia, Russia, and Turkey.

In making its recommendations, USCIRF said in part:

Non-state actors, such as transnational or local organizations, are some of the most egregious violators of religious freedom in today’s world. In some places, such as the Central African Republic and areas of Iraq and Syria, governments are either non-existent or incapable of addressing violations committed by non-state actors. USCIRF has concluded that the CPC classification should be expanded to allow for the designation of countries such as these, where particularly severe violations of religious freedom are occurring but a government does not exist or does not control its territory. Accordingly, USCIRF’s CPC recommendations reflect that approach.