Pence Meets With Interfaith Leaders In Indonesia

Yesterday, as part of his trip to Asia, Vice President Mike Pence met with interfaith religious leaders in Indonesia.  The White House readout on the meeting (full text) in addition to listing the 17 participants said:

Today, Vice President Mike Pence participated in an interfaith dialogue with faith leaders of Islam, Buddhism, Christianity, Hinduism, and Confucianism at the conclusion of his tour of the Istiqlal Mosque in Jakarta, Indonesia. Vice President Pence expressed appreciation to Indonesia for its shared commitment to religious freedom and reaffirmed that the United States will continue to defend this fundamental freedom, at home and abroad.

9th Circuit Judge John Noonan Dies At Age 90

Ninth Circuit Senior Judge John T. Noonan, Jr. died on April 17 at the age of 90. A News Release from the 9th Circuit described Noonan as "a distinguished jurist and an eminent scholar with a particular focus on the historical development of moral concepts." Before he was appointed to the bench, Noonan was a law professor at Notre Dame and then at Boalt Hall.  He was also a prolific scholar, as pointed out by the same News Release:

His major publications include 13 books, most notably “Bribes,” a magisterial historical study of bribery published in 1984; “The Lustre of Our Country: The American Experience of Religious Freedom,” a 1998 tome tracing the origins of religious freedom back to the Founders; and “Contraception: A History of Its Treatment by the Catholic Theologians and Canonists.” Published in 1966, “Contraception” is said to have influenced Pope Paul VI to create a commission to study the issue, to which Judge Noonan served as an advisor.

Canadian Provinces May Not Fund Non-Catholic Students In Catholic Schools

Canada's Constitution Act of 1867 (Sec. 93) guarantees Catholics and Protestants in the three Canadian provinces of Alberta, Saskatchewan and Ontario the right to petition the provincial government to create a separate denominational school for them when they comprise a minority in a school attendance area. In Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212, (QB Sask., April 20, 2017), a Saskatchewan trial court in a 230-page opinion held that it is a violation of Canada's Charter of Rights and Freedoms for the provincial government to provide funding for non-Catholic students at government-supported Catholic schools.  The court held that Catholic separate schools have no constitutional right to receive funding for non-Catholic students and that it violates the province's duty of religious neutrality, as well as guarantees of equality, to fund non-minority faith students in denominational schools.  Global News reports on the decision.

Woman Sues Claiming Her Firing Was For Not Being Christian Enough

Suit was filed earlier this week in a Texas trial court by a managerial employee of Gulf Winds International who alleges that she was fired because she was not Christian enough.  The complaint (full text) in Thomson v. Gulf Winds International, Inc., (TX  Dist. Ct., filed 4/18/2017) alleges that the company "discriminated and retaliated against Plaintiff based on religion and because of her opposition of forced religious material in the work place in violation of the Texas Commission on Human rights Act...." Courthouse News Service reports on the lawsuit.

Russian Supreme Court Judge Bans Jehovah's Witness Organizations As Extremist Groups

According to Forum 18, in Russia yesterday, after six days of hearings Supreme Court Judge Yury Ivanenko declared the Jehovah's Witness national headquarters in St. Petersburg and all 395 of its local organizations to be "extremist" organizations.  The judgment bans all their activity and orders their property seized by the state. According to Tass, the full text of the judge's decision will be furnished to the parties within five days.  Jehovah's Witnesses now have 30 days to appeal the decision to a 3-judge appellate panel of the Supreme Court.  If that panel affirms the decision, Jehovah's Witnesses plan to appeal to the European Court of Human Rights. If the judgement is ultimately upheld, it will be illegal for Jehovah's Witnesses to engage in any kind of missionary activity in Russia.

Defense Department Expands List Of Recognized Faith and Belief Groups

Section 533 of the National Defense Authorization Act of 2013 called on the military to accommodate the conscience and moral beliefs, as well as religious beliefs, of members of the Armed Forces.In a Memorandum dated March 27, 2017, the Pentagon, after review by the Armed Forces Chaplains Board, issued an expanded list of faith and belief groups, expanding on a list (at pg. 46) last updated in 2013.  The new list includes Pagan and Humanist, as well as listing separately a number of religions that were previously consolidated under a broader classification. The American Humanist Association this week issued a press release "applaud[ing] the Department of Defense (DoD) for recognizing Humanism as a belief system protected by the Department’s ethical standards."

Christian Solidarity Worldwide Recognized BY UN As NGO

According to AP, yesterday the United Nations Economic and Social Council voted 28-9 (with 12 abstentions) to accredit the British-based Christian Solidarity Worldwide as a non-governmental organization, giving it consultative status. Christian Solidarity is an organization that promotes religious freedom. The grant of consultative status will give the group the right to attend meetings at the Geneva-based U.N. Human Rights Council.  The organization had originally applied for accreditation in 2009, but ECOSOC's 19-member accreditation committee repeatedly deferred action on the bid.  Wednesday's full ECOSOC vote granted an appeal against a further delay recommended in February by the accreditation committee. Christian Solidarity worldwide issued a press release on the matter.

Catholic Hospital Sued Over Refusal Of Gender Reassignment Surgery

A transgender male filed suit this week in a California state trial court against Dignity Heath.  Following Ethical and Religious Directives for Catholic Health Care Services that prohibit direct sterilization, Dignity Health's Mercy San Juan Medical Center refused to perform a hysterectomy as part of plaintiff's treatment for gender dysphoria. The complaint (full text) in Minton v. Dignity Health, (CA Super. Ct., filed 4/19/2017), contend that the refusal constitutes discrimination on the basis of sex in violation of the Unruh Civil Rights Act.  ACLU issued a press release announcing the filing of the lawsuit. Sacramento Bee reports on the suit.

9th Circuit Hears Oral Arguments In Falun Gong's Suit Against Cisco

On Tuesday, the U.S. 9th Circuit Court of appeals heard oral arguments (video of full arguments) in Doe v. Cisco Systems, Inc.  In the case, a California federal district court dismissed a lawsuit by Falun Gong practitioners that claimed Cisco aided and abetted and conspired with the Chinese Communist Party and Public Security officers in committing human rights abuses against Falun Gong. (See prior posting.) Courthouse News Service reports on the oral arguments.

Assistant Principal Sues Over Christian Parents' Objections To Yoga

Atlanta Journal Constitution yesterday reported on a lawsuit filed in federal district court in Georgia by Bonnie Cole, an assistant principal in the Cobb County schools, who says she was forced out of the school in which she originally served after Christian parents objected to her introduction of yoga as a method of calming disruptive students. The paper recounts:

Cole, who says she is a Christian, says school leaders and ultimately the school board buckled under pressure from parents who held a prayer rally at Bullard “for Jesus to rid the school of Buddhism.” The next day, two women put their hands on Cole’s office window and prayed.

“Not only was the capitulation and transfer a humiliating and public demonstration of the district’s lack of support of Ms. Cole, it made clear to the community that religious activities will be allowed as long as they are part of the “accepted” religion of Christianity,” her lawsuit says.

Alabama Supreme Court Affirms Suspension of Chief Justice Over Defiance of Same-Sex Marriage

Yesterday, a specially composed panel of judges sitting as the Supreme Court of Alabama unanimously affirmed the judgment of the Alabama Court of the Judiciary suspending Alabama Supreme Court Chief Justice Roy Moore for the remainder of his term. Six judges joined in the court's opinion, while one judge concurred only in the result. In Moore v. Alabama Judicial Inquiry Commission, (AL Sup. Ct., April 19, 2017), the court in a 66-page opinion agreed that Moore violated various provisions of the Code of Judicial Ethics when he issued directions to Alabama judges to refuse to issue marriage licenses to same-sex couples despite federal court decisions and orders to the contrary, including the Supreme Court's Obergefell decision.  AL.com reports that Moore remains defiant

Supreme Court Hears Arguments In Trinity Lutheran; Transcript Available

Today, the U.S. Supreme Court heard oral arguments in Trinity Lutheran Church of Columbia, Inc. v. Comer.  The transcript of the full oral arguments is now available. At issue was the refusal by Missouri's Department of Natural Resources of a grant application by Trinity Church for a grant that would allow it to resurface a playground at its day care and preschool facility on church premises. In refusing the grant, the Department pointed to Missouri Constitution, Art. I Sec. 7, that prohibits public funds from being spent "in aid of any church, section or denomination of religion." (See prior posting.)  Amy Howe at SCOTUSblog reports on the oral arguments.

8th Circuit: Abuse Victim's Defamation Suit Is Untimely

In Couzens v. Donohue, (8th Cir., April 18, 2017), the U.S. 8th Circuit Court of Appeals affirmed dismissal on statute of limitations grounds of a defamation suit against the Catholic League for Religious Liberty.  In the suit, plaintiff alleged that defendants published false information to discredit and humiliate him in retaliation his public allegations that he was sexually abused by priests. The court likewise affirmed dismissal of plaintiff's invasion of privacy and negligent infliction of emotional distress claims. Kansas City Star reports on the decision.

Suit Says Clerk Harassed Same-Sex Couples Seeking Marriage Licenses

A suit was filed earlier this week in a West Virginia federal district court contending that personnel in the Gilmer County Clerk's Office harassed same-sex couples applying for marriage licenses.  The complaint (full text) in Brookover v. Gilmer County, (D WV, filed 4/17/2017), alleges in part:

When Deputy Clerk Debbie Allen saw that a same-sex couple was applying for a marriage license, she ... launched into a tirade of harassment and disparagement. She slammed her paperwork down on her desk, screaming that the couple was an “abomination” to God and that God would “deal” with them.... Another clerk joined in ... by shouting “it’s [Allen’s] religious right” to harass same-sex couples while performing the official state duties of the Clerk’s office.

Americans United issued a press release announcing the filing of the lawsuit.

Court Enters Housing and Policing Injunctions Against FLDS-Dominated Towns

In United States v. Town of  Colorado City, Arizona, (D AZ, April 18, 2017), an Arizona federal district court took major steps to attempt to normalize the housing and policing situation in the FLDS-controlled twin towns of Colorado City, Arizona and Hilldale, Utah.  The Justice Department sued the towns under the Fair Housing Act and the Policing Act (42 USC §14141).  In introducing its 54-page opinion setting out detailed injunctive relief, the court said;

The constitutional right to free exercise of religion, on the one hand, and the statutory right to housing and constitutional policing, on the other hand, are vitally important to a viable, peaceful community.... Denial of housing rights and lawful policing to some residents at the behest of the Fundamentalist Church of Jesus Christ of Latter Day Saints ... has cost the cities dearly – millions of dollars – in the past.

.... It is now time for the citizens of Colorado City and City of Hildale to come together and accept the fact that communal ownership of residential property in the Defendant Cities is a thing of the past. All residents of the Defendant Cities must be afforded equal access to housing and residential services, to nondiscriminatory law enforcement, and to free exercise of their religious preferences that are not contrary to law. By this judgment and decree, the court hopes to assist the Defendant Cities and their residents in advancing the protection of civil rights to which they are entitled.

The court ordered the cities to engage an independent monitor to assure housing compliance and hiring of an outside consultant to aid in reorganization and policy changes in the Colorado City Marshall's Office.

Note To Religion Clause Readers

You may have noticed that postings have not appeared in recent days.  I hope to be able to get back to blogging regularly before the end of the month. Please stay tuned.

British Controversy Over Name of Easter Egg Hunt

Washington Post last week reported that in England, Prime Minister Theresa May and the Church of England harshly criticized a move by the National Trust (a charity that promotes conservation) to rebrand its annual Easter Egg Hunt as merely the "Great British Egg Hunt" in order to attract non-Christian children as well. The event is co-sponsored with the candy maker Cadbury whose chocolate eggs are used in the event. Prime Minister May, during her trip to Jordan, said: "I think what the National Trust is doing is frankly just ridiculous. Easter’s very important. It’s important to me, it’s a very important festival for the Christian faith for millions across the world." After the criticism, the National Trust added the word Easter to the description of the event on its website. [Thanks to Scott Mange for the lead.]

Trump Will Host White House Passover Seder

Times of Israel reports that President Donald Trump will host a White House Passover Seder tonight, continuing a tradition begun by President Barack Obama in 2009.

Recent Articles of Interest

From SSRN:

• Sohail Wahedi, Council of State of Belgium and the Ban on Wearing Religious Symbols at Public Schools (The Headscarves Judgement), (Oxford Journal of Law and Religion (2016) 5 (3): 624-625).
• Luke Beck, The Australian Constitution's Religious Tests Clause as an Anti-Discrimination Provision, (Monash University Law Review, Vol. 42, No. 3, pp. 545-578, 2017).
• Corey L. Brettschneider, Praying for America: The Constitutional Ban on Animus-Based and Theocratic Reasoning in the Establishment, Free Exercise and Equal Protection Clauses, (March 1, 2017).
• Maarc O. DeGirolami, The Bloating of the Constitution: Equality and the U.S. Establishment Clause, (The Social Equality of Religion or Belief (Alan Carling ed. 2016)).
• Stephen R. Munzer, The German Circumcision Controversy — And Beyond, (University of Pennsylvania Journal of International Law Online (2017)).
• Shauna Van Praagh, Welcome to the Neighbourhood: Religion, Law and Living Together, (D. Newman, ed., Religious Freedom and Communities (Markham: Lexis Nexis, 2016)).
• Muhammad Masum Billah, Agency Contract under Conventional Law and Islamic Law as Manifested in the Civil Code of Oman: A Comparative Analysis, (Electronic Journal of Islamic and Middle Eastern Law, Vol. 4 (2016), pp. 109-126).
• Ian Ramsay & Miranda Webster, Registered Charities and Governance Standard 5: An Evaluation, (Australian Business Law Review, Vol. 45, No. 2, pp. 127-158, 2017).

From SmartCILP:

• Joseph Kary, Judgments of Peace. Montreal's Jewish Arbitration Courts, 1914-1976, 56 American Journal of Legal History 436-489 (2016).
• Kyle C. Velte, All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes, 49 Connecticut Law Review 1-54 (2016).
• John Boersma, The Accreditation of Religious Law Schools in Canada and the United States, 2016 BYU Law Review 1081.
• Barry W. Bussey, The Legal Revolution Against the Place of Religion: The Case of Trinity Western University Law School, 2016 BYU Law Review 1127.
• David Little, Human Rights, Religious Freedom, and Peace, 2016 BYU Law Review 1215.
• Michael Quinlan, When the State Requires Doctors to Act Against their Conscience: The Religious Freedom Implications of the Referral and the Direction Obligations of Health Practitioners in Victoria and New South Wales, 2016 BYU Law Review 1237.
• Andrew L. Milne, Sharia and Anti-Sharia: Ethical Challenges for the Cross-Cultural Lawyer Representing Muslim Women, [Abstract], 57 South Texas Law Review 449-468 (2016).
• R.H. Helmholz, The Church and Magna Carta, 25 William & Mary Bill of Rights Journal 425-436 (2016).

Recent Prisoner Free Exercise Cases

In Matzke v. Heyns, 2017 U.S. Dist. LEXIS 44880 (WD MI, March 28, 2017), a Michigan federal district court adopted in part a magistrate's recommendation and held that authorities are entitled to qualified immunity as to claims by a Wiccan inmate for additional group meetings to celebrate the thirteen lunar Esbats.

In Reed v. Bryant, 2017 U.S. Dist. LEXIS 45013  (WD OK, March 28, 2017), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 45715, Feb. 6, 2017), and dismissed an inmate's complaint that he was not provided his religious Kosher diet on one occasion and was removed from the Kosher diet for a violation of rules.

In Fernandez-Torres v. Watts, 2017 U.S. Dist. LEXIS 46841 (SD GA, March 29, 2017), a Georgia federal district court supplemented and adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 48167, Jan. 30, 2017) and dismissed an inmate's complaint that he was not permitted to obtain Santeria bead necklaces from outside sources rather than through the prison's approved vendor catalog.

In Munt v. Minnesota Department of Corrections, 2017 U.S. Dist. LEXIS 47991 (D MN, March 29, 2017), a Minnesota federal district court, adopting in part a magistrate's recommendation (2017 U.S. Dist. LEXIS 48082, Jan. 27, 2017), denied preliminary relief to a Christian inmate who objected on religious grounds to rules that prevent him from hanging a privacy sheet in his cell.

In Sterling v. Sellers, 2017 U.S. Dist. LEXIS 48700 (MD GA, March 31, 2017), a Georgia federal district court, rejecting parts of a magistrate's recommendations (2017 U.S. Dist. LEXIS 49095, Feb. 28, 2017), allowed a Muslim inmate to proceed with various claims as to denial of congregational prayer, inability to celebrate the Eid, and retaliation.

In Horacek v. Heyns, 2017 U.S. Dist. LEXIS 48778 (WD MI, March 31, 2017), a Michigan federal district court adopted a magistrate's recommendations and allowed a Jewish inmate to move ahead with his claim that his religious beliefs require that he eat meat or fish on Saturdays and holy days.  In deciding this, the court held that RLUIPA applies even though the prison's food service program did not separately receive federal financial assistance; it is enough that the Department of Corrections does.