Obama Speaks To Laotians On Human Rights and Religious Liberty

Yesterday, as part of his trip to Laos, President Obama delivered an address (full text) to the people of the country. Speaking at the Lao National Cultural Hall in Vientiane, his remarks included references both to Laos' religious and cultural heritage and to America's views on human rights:

... [I]n countless stupas and in your daily lives, we see the strength that draws -- so many of you from your Buddhist faith -- a faith that tells you that you have a moral duty to each other, to live with kindness and honesty, and that we can help end suffering if we embrace the right mindset and the right actions.  And in literature like the epic of Sinxay, we see the values that define the people of Laos, which is modesty and compassion, and resilience and hope....

I believe that nations are stronger and more successful when they uphold human rights.  We speak out for these rights not because we think our own country is perfect -- no nation is -- not because we think every country should do as we do, because each nation has to follow its own path.  But we will speak up on behalf of human rights because we believe they are the birthright of every human being.  And we know that democracy can flourish in Asia because we’ve seen it thrive from Japan and South Korea to Taiwan. 

Across this region, we see citizens reaching to shape their own futures.  And freedom of speech and assembly, and the right to organize peacefully in civil society without harassment or fear of arrest or disappearing we think makes a country stronger.  A free press that can expose abuse and injustice makes a country stronger.  And access to information and an open Internet where people can learn and share ideas makes a country stronger.  An independent judiciary that upholds the rule of law, and free and fair elections so that citizens can choose their own leaders -- these are all the rights that we seek for all people.

We believe that societies are more stable and just when they recognize the inherent dignity of every human being -- the dignity of being able to live and pray as you choose, so that Muslims know they are a part of Myanmar’s future, and Christians and Buddhists have the right to worship freely in China.  The dignity of being treated equally under the law, so that no matter where you come from or who you love or what you look like you are respected.  And the dignity of a healthy life -- because no child should ever die from hunger or a mosquito bite, or the poison of dirty water.  This is the justice that we seek in the world.

NYT: Peale Had Religious Influence on Trump

The New York Times yesterday reports on the influence of New York City's Marble Collegiate Church and its former leader, Dr. Norman Vincent Peale, on Republican presidential candidate Donald Trump.

Firing of Employee For Anointing Office With Oil Is Upheld

In Cheeley v. City of Miami, (SD FL, Aug. 10, 2016), a Florida federal district court dismissed a Title VII religious discrimination claim brought by an employee in Miami's Capital Improvements Program department.  Eric Cheeley was fired after he admitted that he had applied an oily liquid in the shape of crosses on walls, cubicles and doorways-- anointing various areas in order to bless the department. He contended that the city should have accommodated his sincerely held religious belief that he needed to anoint the office. The court concluded, however, that:

Cheeley has not presented sufficient evidence to permit a reasonable juror to find that the City could have accommodated Cheeley’s religious beliefs without undue hardship.

Yesterday's Christian Post reported on the decision.

Winery Says Zoning Restrictions On Outdoor Weddings Violate RLUIPA and Speech Rights

The Ventura County Star reported yesterday on a lawsuit filed in a California federal district court by a southern California winery challenging a Ventura County ordinance that requires conditional use permits for outdoor events, including weddings.  Six months ago the county denied Epona Estate's application for a permit to allow weddings, charitable fundraisers, luncheons and similar events at the winery.  The suit contends that the restriction on outdoor weddings violates the winery's free speech rights as well as its rights under the Religious Land Use and Institutionalized Persons Act.

Iran's Supreme Leader Questions Saudi Control of Hajj

According to today's Jerusalem Post, Iran's supreme leader Ayatollah Ali Khamenei has questioned Saudi Arabia's continued control of the hajj  pilgrimage.  Last year over 2000 pilgrims, many of them Iranians, died in a crush of crowds outside Mecca. (See prior posting.) Iran is a regional rival of Saudi Arabia, and this year talks on arrangement for Iranians to make the hajj broke down.  No Iranians will attend this year. (See prior posting.)  A message on Khamenei's website reads:

Because of these (Saudi) rulers' oppressive behavior towards God's guests (pilgrims), the world of Islam must fundamentally reconsider the management of the two holy places and the issue of haj.

The hajj is projected to begin on September 9.

Recent Articles of Interest

From SSRN:

• Marjorie A. Silver, Preface and Introduction: Transforming Justice, Lawyers and the Practice of Law, (Carolina Academic Press, 2016, Forthcoming).
• Adam Shinar, Religion and the Construction of the Urban Landscape, (Private Communities and Urban Governance 215 (Amnon Lehavi ed., Springer, 2016)).
• Mohammed Dejen Assen, Contested Secularism in Ethiopia: The Contention between Muslims and the Government, (May 26, 2016).
• Ira C. Lupu & Robert W. Tuttle, The Mystery of Unanimity in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, (Forthcoming, 20 Lewis & Clark L. Rev, Issue #4, in Symposium, Law and Religion in an Increasingly Polarized America).
• Paula A. Monopoli, Inheritance Law and the Marital Presumption after Obergefell, (8 Estate Planning & Community Property Law Journal 437 (2016)).
• Iginio Gagliardone, et.al., Mechachal: Online Debates and Elections in Ethiopia - From Hate Speech to Engagement in Social Media, (May 1, 2016).
• Ji Ma & Sara Konrath, Thirty Years of Nonprofit Research: Scaling the Knowledge of the Field 1986-2015, (September 2, 2016).

From SmartCILP:

• Amy Barrow, Contested Spaces During Transition: Regime Change in Myanmar and Its Implications for Women, 22 Cardozo Journal of Law & Gender 75-108 (2015).

Note To Readers: Comment Feature Disabled

This summer, Religion Clause has been inundated with Comments from spammers, and to a lesser extent, from trollers.  Therefore I have joined the trend among serious websites and have reluctantly disabled the Comment feature on this blog.  I invite readers who have corrections or fairness concerns relating to any post to communicate with me by e-mail at the link in the sidebar, or via Twitter.  And I thank those readers who have in the past posted serious and substantive comments.--- HMF

Recent Prisoner Free Exercise Cases

In Quick v. Annucci, 2016 U.S. Dist. LEXIS 115217 (ND NY, Aug. 29, 2016) a New York federal district court allowed a Muslim inmate to move ahead against the prison superintendent with his complaint that he was denied the cold alternative diet and was told it was only available to Jewish inmates.

In Lindh v. Warden, Federal Correctional Institution, 2016 U.S. Dist. LEXIS 116243 (SD IN, Aug. 30, 2016), an Indiana federal district court enjoined a federal prison under RFRA from conducting a visual strip search of a Muslim inmate as a pre-condition for a non-contact visit in the communications management housing unit.

In Meece v. Ballard, 2016 U.S. Dist. LEXIS 116364 (WD KY, Aug. 30, 2016), a Kentucky federal district court denied a preliminary injunction to a Reform Jewish inmate who claimed his free exercise rights were substantially burdened when he was removed from the kosher diet program for purchasing food inconsistent with Orthodox Jewish kosher rules, but not with Reform Jewish practices for kosher diets.

In Brown v. Clarke, 2016 U.S. Dist. LEXIS 117017 (WD VA, Aug. 31, 2016), a Virginia federal district court referred to mediation a Muslim inmate's claim that he was wrongly removed from the Common Fare diet for six month.

In Percival v. Stuhler, 2016 U.S. Dist. LEXIS 117129 (WD MI, Aug. 31, 2016), a Michigan federal district court dismissed an inmate's complaint that he was not allowed to attend group worship while he was in toplock for misconduct.

In Mohammed v. Daniels, 2016 U.S. Dist. LEXIS 117201 (ED NC, Aug. 31, 2016), a North Carolina federal district court dismissed as unproven a Muslim inmate's claim that he was denied access to his Quran during Ramadan. It also dismissed his complaint that he was not allowed to make a telephone call to the chaplain.

B.L. v. Zong, 2016 U.S. Dist. LEXIS 117509 (MD PA, Aug. 30, 2016), is a suit by a male inmate charging a female correctional officer with an extensive pattern of sexual predation.  Defendants did not move to dismiss plaintiff's claim that he was forced to engage in sexual activity that violated his religious tenets.  However a Pennsylvania federal magistrate judge recommended dismissing claims against others relating to plaintiff's work assignment that allowed the predation to occur and eventual transfer to another institution that briefly interfered with plaintiff's religious exercise.

In Burley v. Ball, 2016 U.S. Dist. LEXIS 117971 (WD MI, Sept. 1, 2016), a Michigan federal district court disagreed with a magistrate's recommendation (2016 U.S. Dist. LEXIS 118338, Aug. 12, 2016) and dismissed a Jewish inmate's complaint that the chaplain denied him a transfer to another facility where he could participate in a Passover seder and obtain food that was kosher for Passover.

In Johnson v. Roskosci, 2016 U.S. Dist. LEXIS 118804 (MD PA, Sept. 2, 2016), a Pennsylvania federal district court allowed an inmate to move ahead with his complaint under the free exercise clause that his religious cultural beads were taken from him because they did not have crosses on them. The court dismissed with leave to amend his retaliation as well as his 8th and 14th Amendment claims.

In Robinson v. Cameron, 2016 U.S. Dist. LEXIS 119090 (WD PA, Sept. 1, 2016), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint that his religious rights are substantially burdened by the requirement that in order to participate in the sex offender program he must admit guilt. Plaintiff says his religious belief is that confession is to be made only to God.

Obama Presses China's Xi On Religious Freedom

President Obama is in China for the Sept. 4-5 G-20 Summit.  (See prior posting.) Today he met with China's President Xi, and the White House released a Readout of the President’s Meeting with President Xi Jinping of China which included the following:

The President reiterated America’s unwavering support for upholding human rights in China and stressed the need for China to protect religious freedom for all of its citizens.

IRS Adopts Final Rules Recognizing Same-Sex Marriages For Tax Purposes

Yesterday the Internal Revenue Service published in the Federal Register a release (full text) adopting final rules recognizing same-sex marriages for federal tax purposes. The new rules provide in part:

[A] marriage of two individuals is recognized for federal tax purposes if the marriage is recognized by the state, possession, or territory of the United States in which the marriage is entered into, regardless of domicile....

Two individuals who enter into a relationship denominated as marriage under the laws of a foreign jurisdiction are recognized as married for federal tax purposes if the relationship would be recognized as marriage under the laws of at least one state, possession, or territory of the United States....

The terms spouse, husband, and wife do not include individuals who have entered into a registered domestic partnership, civil union, or other similar formal relationship not denominated as a marriage under the law of the state, possession, or territory of the United States where such relationship was entered into....

Church's RLUIPA Claim Dismissed, But Defamation Claim Moves Forward

In Riverside Church v. City of St. Michael, (D MN, Aug. 31, 2016), a Minnesota federal district court dismissed a church's RLUIPA and free exercise claims, but allowed the church to proceed on its free speech and defamation claims. A Christian and Missionary Alliance congregation attempted to purchase a building formerly used as a movie theater but could not obtain city zoning approval.  Eventually the city amended its zoning ordinance to allow religious assemblies, among others, in the relevant zoning district.  The Church however sued over the past zoning denials, and over an allegedly false public statement the city made as to why the Church withdrew from negotiations with the city.  In dismissing the Church's RLUIPA claim, the court concluded that neither the substantial burden nor equal terms provisions of the law were violated.  The court also pointed to a less-often used safe-harbor provision in RLUIPA that allows the city to "avoid the pre-emptive force" of the statute by taking action to eliminate the substantial burden imposed by a policy.  In allowing the Church's free speech claim to proceed, the court concluded that questions remained as to whether the ban on religious assemblies in the relevant zoning district was narrowly enough tailored to the city's traffic safety concerns.

President Appoints Delegation To Canonization of Mother Theresa

President Obama yesterday announced the appointment of a delegation to represent the United States at the Canonization ceremony for Mother Teresa in the Vatican on September 4.  The delegation will be headed by Assistant to the President for Homeland Security and Counterterrorism, Lisa Monaco.  It also includes U.S. Ambassador to the Vatican Kenneth Hackett; National Security Council Executive Secretary Suzy George; CEO of Catholic Charities Sister Donna J. Markham; and CEO of Catholic Relief Services Dr. Carolyn Y. Woo.

Court Refuses To Dismiss Abortion Buffer Zone Challenge, But Denies Preliminary Injunction

In Reilly v. City of Harrisburg, (MD PA, Aug. 31, 2016), a Pennsylvania federal district court refused to grant a preliminary injunction to bar enforcement of a Harrisburg, Pennsylvania ordinance that provides for a 20-foot buffer zone around health care facilities to protect women seeking to access to abortion clinics from picketers and sidewalk counselors.  The court however refused to dismiss some of plaintiffs' challenges to the law.  In particular the court allowed plaintiffs to move ahead with their claims that the ordinance is not narrowly tailored and that it is overbroad.  The court rejected several other challenges including free exercise, vagueness and prior restraint claims.

French Official Proposes New Efforts To Align Muslims With French Secular Values

Al Jazeera reports that in France on Monday, Muslim leaders met with Interior Minister Bernard Cazeneuve to discuss the future of Islam in the country. The Interior Minister wants to set up three new organizations to help French Muslims align their beliefs with the secular values of France. One of the organizations would focus on integration of the Muslim faith, the second on the building of mosques, and the third on Imams. Imams would be required to use French instead of Arabic for their sermons, and they would need to "understand French values".  The move comes in the wake of new tensions in the country over full-body swim suits worn by Muslim women. (See prior posting.)

U.S. Pressure On China Over Religious Freedom As Obama Heads There For G20

On Sept. 4-5, President Obama will attend the G20 Summit in Hangzhou, China. (Yahoo News).  Yesterday the U.S. Commission on International Religious Freedom issued a statement (full text) urging the President to raise religious freedom concerns with China's President Xi and asking him to press for the release of prisoners of conscience.  This follows a White House meeting on Tuesday by National Security Advisor Susan E. Rice with Chinese human rights advocates to discuss religious freedom and other human rights issues in China. (White House statement).

Egypt Passes Church Construction Law

Egypt's Parliament yesterday approved a new law governing the building and renovation of Christian churches. 10% of Egypt's population is Coptic Christian.  Reuters reports that the law allows provincial governors (instead of the security services) to approve or deny church building and renovation permits. Coptic Church officials see then new law as progress, but Christian activists would have preferred a unified law governing both mosque and church construction. Restrictions in the new law are still more extensive than those which apply to mosque construction.   In the past, suspected Christian church building has led to sectarian riots.

Suit Charges Discriminatory Application of Driver's License Photo Accommodation

The ACLU yesterday filed a federal lawsuit against the Lee County, Alabama officials in charge of issuing drivers' licenses claiming that they are unconstitutionally administering the state's religious accommodation provision allowing head coverings in license photos.  The complaint (full text) in Allen v. English, (MD AL, filed 8/30/2016, alleges that plaintiff Yvonne Allen is a devout Christian who as part of her religious practice covers her hair with a headscarf.  When Allen requested to wear her head covering for her license photo, officials told her that the religious accommodation for head coverings only applies to Muslims.  The suit alleges that this practice violates the religion clauses of the federal and state constitutions. ACLU issued a press release announcing the filing of the lawsuit.

FOIA Suit Seeks All State Department Records On Combating Genocide

Yesterday, a conservative civil rights and religious liberty advocacy group filed a lawsuit seeking to enforce its Freedom of Information Act request for all State Department records and communications reflecting efforts to carry out the terms of the Genocide Convention, to hold ISIS accountable for atrocities it has committed, and to respond to the ISIS genocide of Christians.  The complaint (full text) in American Center for Law & Justice v. U.S. Department of State, (D DC, filed 8/30/2016), sets out in 22 paragraphs the scope of the records sought in its July 18 FOIA request sent to the State Department, and adds that the State Department "has a reputation for flaunting and disregarding its public accountability and FOIA obligations." The lawsuit follows actions by ACLJ in recent weeks pressing the United Nations to take action to respond to ISIS genocide against Christians and others.

So Far, 6 Charged Under Russia's New Law Limiting Missionary Activities

As previously reported, in July Russia's President signed into law new anti-terrorism legislation that, among other things, banned preaching, praying, proselytizing, and disseminating religious materials outside of officially-designated locations.  Last week, Forum 18 reported that so far six people have been charged under the new limits on missionary activity. Two Baptists, and a third person merely identified as Protestant, have had fines imposed on them.  A Hare Krishna adherent was acquitted.  Charges against two others-- a Pentecostal and a Seventh Day Adventist-- are still pending.  The Forum 18 posting has extensive details on each case.

Court Issues Narrow Preliminary Injunction Against North Carolina's Transgender Bathroom Access Law

In an 83-page opinion handed down last week, a North Carolina federal district court issued a narrow preliminary injunction preventing enforcement North Carolina's transgender bathroom access law against two students and one employee of the University of North Carolina.  In Carcano v. McCrory, (MD NC, Aug. 26, 2016), the court concluded that the provisions requiring transgender individuals to use school bathrooms, locker rooms and showers corresponding to the biological sex listed on their birth certificate likely violate Title IX as interpreted by the U.S. Department of Education and upheld by the 4th Circuit.  In reaching its conclusion, the court relied heavily on evidence that the prior practice of dealing with bathroom use by transgender students on a case-by-case basis had worked well.

The court however rejected plaintiffs' contention that the North Carolina law violates the equal protection clause, saying in part:

it appears that the privacy interests that justify the State’s provision of sex-segregated bathrooms, showers, and other similar facilities arise from physiological differences between men and women, rather than differences in gender identity....

The court reserved judgment on plaintiffs' substantive due process claims relating to informational privacy and unwanted medical treatment.  Baptist Press reports on the decision.

According to AP, plaintiffs yesterday filed an appeal with the 4th Circuit on the equal protection issue.