Settlement Ends Long-Running Dispute Over Control of Sikh Temple In California

A long-running dispute over control of a Sikh Temple in Yuba City, California, appears to have come to an end after a court-ordered election of new board members resulted in a cooperative transition of leadership.  According to yesterday's Appeal-Democrat, the election (ordered by the court to be held without regard to the Temple by-laws quorum requirements) led to victory by a slate of 73-board members who were opposed to the incumbent directors. The parties then entered a settlement agreement covering all four of the pending cases growing out of the controversy. The agreement was presented to the court yesterday.  Under the settlement, the new directors take office immediately and they will amend the Temple's bylaws to reduce from 8 to 4 years the term of board members. During a board meeting yesterday evening, the new board received the keys and financial records of the Temple.

Another Suit Challenges Feds' Interpretation Of Title IX To Protect Transgender Rights

On Wednesday, another lawsuit was filed-- this time by a group of Minnesota parents-- challenging the Department of Education and Department of Justice's recent Guidance declaring that Title IX protects transgender students from discrimination and requires that they be permitted to use restrooms and locker rooms consistent with their gender identity. The complaint (full text) in Privacy Matters v. U.S. Department of Education, (D MN, filed 9/7/2016) contends that the Guidance violates the Administrative Procedure Act, Title IX, the right to privacy and to control the upbringing of one's children.  It also contends that the Guidance infringes plaintiffs' religious free exercise rights under the state and federal constitutions and RFRA, saying:

Some Student Plaintiffs have a sincere religious belief that they must practice modesty, which includes a requirement that they not undress or use the restroom with the opposite sex.

Some Parent Plaintiffs have a sincere religious belief that they must teach their children to practice modesty and protect the modesty of their children. This includes a requirement that their children not undress or use the restroom with the opposite sex.

ADF issued a press release announcing the filing of the lawsuit.

Muslim Police Officer Sues For Religious Accommodation

A Muslim police officer in the Town of West New York, NJ, filed a religious discrimination lawsuit this week in New Jersey federal district court alleging that he was not provided a religious accommodation to the police department's Appearance Policy.  The complaint (full text) in Awadallah v. Town of West New York, (D NJ, filed 9/7/2016), alleges that plaintiff wears a light beard as part of his Muslim religious beliefs. It contends that defendants initially denied the possibility of an accommodation and then delayed action on his request.  He was not permitted to work overtime while he was wearing his beard, and was required to submit proof of his religious beliefs. Ultimately his accommodation request was denied. Plaintiff alleges this violates Title VII and the New Jersey Law Against Discrimination. [Thanks to Jeff Pasek for the lead.]

6th Circuit Dismisses Suit Over Catholic Bishops' Health Care Directives

In Means v. U.S. Conference of Catholic Bishops, (6th Cir., Sept. 8, 2016), the U.S. 6th Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a suit against the U.S. Conference of Catholic Bishops (USCCB) and against three individuals who served as chairs of the Catholic Health Ministries-- the sponsor of a health care system that includes the Catholic hospital at which plaintiff Tamesha Means claims she was inadequately treated.  Means visited the hospital when she prematurely went into labor at 18 weeks into her pregnancy.  The hospital, complying with the USCCB's  Catholic health care directives, did not give Means the option of terminating her pregnancy, even though her physician suspected she had a serious bacterial infection that can cause infertility and even death.  After the statute of limitations on medical malpractice had run, Means sued the entities responsible for promulgating and adopting the Catholic health care directives, charging them with negligence.

The 6th Circuit dismissed the USCCB from the case for lack of personal jurisdiction.  As to the other defendants, the court said in part:

Means asks us to recognize a duty under Michigan law on the part of a religious organization to a specific patient to adopt ethical directives that do not contradict the medical standard of care. Whether such a duty exists is far from certain, especially if the standard of care violates the organization’s religious beliefs. Nevertheless, even if the CHM defendants had such a duty, Means’s factual allegations do not create the plausible inference that any breach of that duty proximately caused any injury to Means within the strictures of Michigan negligence law.... 

Means alleges—and we do not doubt—that she suffered physical and mental pain, emotional injuries, a riskier delivery, shock and emotional trauma from making funeral arrangements for her dead child, and other “discomforts and pain.” But these allegations are not sufficient to state an injury under Michigan negligence law. In Michigan, “present physical injury” is necessary to state a claim for negligence.

[Thanks to Tom Rutledge for the lead.] 

Two Charged With Conspiracy In Plan To Coerce Jewish Religious Divorce

On Wednesday, the U.S. Department of Justice announced the filing of a criminal complaint against an Israeli rabbi connected with the Satmar Hasidic community in Kiryas Joel, New York, as well as against a 25-year old Kiryas Joel resident, charging them with conspiracy to commit kidnapping and conspiracy to commit murder for hire.  The plot, revealed to authorities by a confidential source ("CS") who was contacted by the two, started as a planned kidnapping in order to coerce the victim into granting a Jewish religious divorce ("get") to the intended victim's wife.  The plot developed into one of possible murder of the victim.  The criminal complaint (full text) in United States v. Liebowitz, (SD NY, filed 9/6/2016), charges Rabbi Aharon Goldberg and Shimen Liebowitz with advancing over $57,000 to have the plan carried out. JTA reports on the case.

Sioux-- and Green Party Candidate-- Protest North Dakota Pipeline Across Sacred Land

The Washington Post this week reported on the showdown between members of the Standing Rock Sioux Tribe and the company building the Dakota Access crude-oil pipeline across North and South Dakota.  The tribe claims that the pipeline will run through sacred ancestral lands which were taken from the tribe over the years. It will cross the Missouri River just a mile north of the Standing Rock Indian Reservation.  Thousands of Native Americans have traveled to North Dakota over the past weeks to join the protest. As reported by CBS News, on Tuesday Green Party Presidential candidate Jill Stein visited the protest site and, at the urging of activists, spray painted a  message on a bulldozer blade. In response, yesterday a warrant was issued for Stein's arrest, charging her with misdemeanors-- criminal trespass and criminal mischief.  On Tuesday, a judge issued a temporary restraining order halting construction only on part of the land. A ruling on the Tribe's request for an injunction is expected Friday. (NPR News).

In Canada, Gay Activists Sue Christian Group That Infiltrated Pride Parade

Last month in Canada, two LGBT activists filed a class action lawsuit against a group of Christian conservatives who, calling themselves the "Gay Zombies Cannabis Consumers Association," registered under false pretenses to march in the 2016 Toronto Pride Parade.  According to the complaint (full text) in Hudspeth v. Whatcott, (Ont. Super. Ct., filed 8/11/2016), the Gay Zombies, wearing green costumes that disguised their identities, handed out 3000 flyers showing graphic pictures of sexually transmitted diseases and vilifying homosexuality.  Alleging civil conspiracy, intentional infliction of mental distress, and defamation, the suit seeks an injunction to bar defendants from future participation in or attendance at the Toronto Pride Parade; an order barring them from further distribution of the offensive flyers; and damages totaling $103 million (Canadian). Daily Xtra (Aug. 12) reported on the lawsuit.

Massachusetts Agency Says Transgender Non-Discrimination Can Apply To Some Church Events

Massachusetts Senate Bill 2407, banning discrimination on the basis of gender identity in public accommodations, becomes effective October 1. The bill also requires public accommodations to allow restroom use consistent with a person's gender identity.  Last week (Sept. 1), the Massachusetts Commission Against Discrimination released its Gender Identity Guidance (full text) setting out the Commission's interpretation of the new law. The Guidance suggests that in some situations, the anti-discrimination ban can apply to churches:

Under G.L. c. 272, § 98, places of public accommodation may not discriminate against, or restrict a person from services because of that person’s gender identity. For example, a hotel or motel may not refuse to book a room for a person because of the person’s gender identity. Even a church could be seen as a place of public accommodation if it holds a secular event, such as a spaghetti supper, that is open to the general public.

The Guidance adds in a footnote: "All charges, including those involving religious institutions or religious exemptions, are reviewed on a case-by-case basis." The Guidance also provides: "In the limited circumstances where it is necessary, an individual’s gender identity may be demonstrated by any evidence that the gender identity is sincerely held as a part of the person’s core identity."  Daily Caller reports on the Guidance.

Suit Says Arizona Charter School Teaches Religious Curriculum

Yesterday Americans United filed a federal court lawsuit alleging that an Arizona public charter school teaches a religiously-based required American Government course, and interjects religion in a number of other parts of its curriculum. The complaint (full text) in Doe v. Heritage Academy, Inc., (D AZ, filed 9/7/2016), alleges that the taxpayer-funded charter school with three campuses in Arizona violates the Establishment Clause as well as the Arizona constitution by providing religious education to its students.  The required American Government class is taught by the school's founder and principal, Earl Taylor, Jr., and uses materials from the National Center for Constitutional Studies-- an organization founded by Taylor. The complaint alleges in part:

In class, Taylor teaches the students that the Ten Commandments — including those that mandate worship of God — must be obeyed in order to attain happiness; that socialism violates God’s laws; and that true patriots believe in the “universal religion of all mankind,” the tenets of which ...  incorporate the beliefs of some Christian denominations.

AU issued a press release announcing the filing of the lawsuit. [Thanks to Jeff Pasek for the lead.]

Challenge To Church Governance Matters Dismissed On Ecclesiastical Abstention Grounds

In Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church, (NC App., Sept. 6, 2016), a North Carolina state appellate court dismissed on ecclesiastical abstention grounds a lawsuit by a faction of church members alleging that the church bylaws had been violated in extending the terms of certain parish council members and in taking other actions.  The court said in part:

Although plaintiffs seek to present this dispute as a simple procedural disagreement over the adoption of bylaws in accord with proper procedure, the substance of the complaint belies this claim. The amended complaint alleges that each plaintiff is “a registered member” of the church; defendants dispute their membership....

Membership in a church is a core ecclesiastical matter. The power to control church membership is ultimately the power to control the church. It is an area where the courts of this State should not become involved.... 

The issues before us would require interpretation of the bylaws which do impose doctrinal requirements. Even if a declaration of plaintiffs’ status as registered members is not specifically the issue before us, in order to determine if plaintiffs even have standing to bring the other issues or to determine if the correct number of members voted for the challenged amendments, the trial court would need to address the contested membership status...

Obama Nominates First Muslim Federal Court Judge

As reported by National Law Journal, yesterday President Obama nominated (White House announcement) Abid Qureshi, partner in the D.C. law firm of Latham & Watkins, for a federal district judgeship in the District of Columbia.  Qureshi, a Harvard Law School graduate, is the first Muslim ever nominated for a seat on a federal court. A litigator whose expertise includes white collar defense, Qureshi is also the global Chair of Latham’s Pro Bono Committee. (Bio). Muslim Advocates issued a press release commending President Obama for the nomination.

Israel's Supreme Court OK's Sabbath Rail Line Repairs

Yesterday Israel's Supreme Court sitting as the High Court of Justice stepped into the government's political battle over whether planned repairs to the country's commuter rail lines can take place on Saturdays, the Jewish Sabbath.  As reported by JTA, last week, Prime Minister Benjamin Netanyahu canceled permits issued by Transportation Minister (and political rival) Yisrael Katz that allowed the work to proceed on the Sabbath.  Katz's permits led the ultra-Orthodox parties (part of Netanyahu's coalition government) to threaten to bring down the government. Netanyahu's intervention meant that the repair work did not pick up until Saturday night and this led to traffic jams and stranded commuters on Sunday (a workday in Israel).

Following this, a left-wing lawmaker (Meretz party) filed a petition with Israel's Supreme Court seeking to get the Sabbath repairs to move ahead.  As reported by The Forward and Arutz Sheva, yesterday the Court issued an interim order barring Netanyahu from stopping urgent Saturday work.  According to the Court, the Railway Authority has been issued a permit allowing Saturday work during the entire month of September, and only the Labor Minister has authority to revoke the permit.  A special Knesset session to discuss the matter has been postponed until September 19, so that Arab members of the Knesset who will be celebrating Eid Al-Adha the week before will be able to attend.

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.