Tuesday, August 28, 2018

White House Dinner With Evangelicals

AP reports on a dinner at the White House last night with evangelical Christian leaders:
President Donald Trump says the government’s “attacks on communities of faith” are over as he hosts a dinner celebrating evangelical Christian leaders at the White House.
Trump says the government in recent years has tried to undermine religious freedom, but those days are over.
He’s pointing to efforts by his administration to secure the release of imprisoned pastors and limit federal funding for abortion providers.
UPDATE: Here is the full text of the President's remarks.

Suit Challenges Ban On On Town's Rental of Space For Worship Services

A suit was filed yesterday in a South Carolina federal district court against Edisto Beach challenging the Town's rule change that prohibits renting space in the town's Civic Center for religious worship services.  The complaint (full text) in Redeemer Fellowship of Edisto Island v. Town of Edisto Beach, South Carolina, (D SC, filed 8/27/2018), contends that the ban violates the First and 14rh Amendments.  ADF issued a press release announcing the filing of the lawsuit.

Monday, August 27, 2018

Archbishop Calls For Pope's Resignation Over Cover-Up of Abuse

In a letter (full text) dated August 22, Archbishop Carlo Maria Viganò, who served as apostolic nuncio in Washington D.C. from 2011 to 2016, has leveled charges against senior clerics and Pope Francis himself in the cover-up of sex abuse charges against Archbishop Theodore McCarrick. (See prior related posting.) As reported by the National Catholic Register:
In an extraordinary 11-page written testament, a former apostolic nuncio to the United States has accused several senior prelates of complicity in covering up Archbishop Theodore McCarrick’s allegations of sexual abuse, and has claimed that Pope Francis knew about sanctions imposed on then-Cardinal McCarrick by Pope Benedict XVI but chose to repeal them.
In the letter, Archbishop Vigano concludes:
Pope Francis must be the first to set a good example for cardinals and bishops who covered up McCarrick's abuses and resign along with all of them.

Burning In Effigy Does Not Violate Ban In India On Mock Funerals

In Jadaun v. State of Upper Pradesh, (Allahabad High Court, Aug. 9, 2018), a trial court in India held that the burning in effigy of a living person by protesters does not violate the statutory ban on participation in a mock funeral ceremony.  LiveLaw reports on the decision.

Recent Articles of Interest

From SSRN:
From SmartCILP:

Sunday, August 26, 2018

Recent Prisoner Free Exercise Cases

In Saif'ullah v. Cruzen, Smith v. Cruzen, and Smith v Albritton  (9th Cir., Aug. 22, 2018), the 9th Circuit, in separate opinions, affirmed the dismissal of claims related to a prison's interruption of congregational prayer.

In Pevia v. Bishop, 2018 U.S. Dist. LEXIS 139541 (D MD, Aug. 16, 2018), a Maryland federal district court dismissed a Native American inmate's complaint that while he was in maximum security he was not able to attend religious services.

In Blair v. Raemisch, 2018 U.S. Dist. LEXIS 138796 (D CO, Aug. 16, 2018), a Colorado federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 139806, July 26, 2018) and dismissed an inmate's complaint about the religious vegan diet that was being served.

In Anderson v. Russell, 2018 U.S. Dist. LEXIS 141296 (ED WA, Aug. 20, 2018), a Washington federal district court dismissed a complaint by a Christian inmate whose requests to receive special Passover meals were denied.

In Jones v. Malin, 2018 U.S. Dist. LEXIS 141892 (SD NY, Aug. 21, 2018),  New York federal district court refused to grant summary judgment to defendants in an inmate's suit for monetary damages for Sing Sing's two month interruption in separate Shi'a Jumu'ah services.

In Tyler v. Ray, 2018 U.S. Dist. LEXIS 142354 (D SC, Aug. 22, 2018) a South Carolina federal district court adopted a magistrate's report (2018 U.S. Dist. LEXIS 142732, July 26, 2018) and dismissed a complaint by a Jehovah's Witness civil detainee that he was not permitted to take his Bible and literature with him from his cell to recreation, and that there were limits on his ability to meet with outside religious volunteers and to receive books. UPDATE: The court's amended order is at 2018 U.S. Dist. LEXIS 155969, Sept. 12, 2018.

In Allen v. Echele, 2018 U.S. Dist. LEXIS 143953 (ED MO, Aug. 23, 2018), a Missouri federal district court dismissed a pretrial detainee's complaint that he was denied a kosher diet.

Saturday, August 25, 2018

Irish State Funded Catholic Schools Can No Longer Admit With Religious Preferences

CNN today reports on the change in school admission policies in Ireland that take effect this school year.  Some 90% of state-funded primary schools in Ireland are Catholic.  In the past, they have given priority to children who have been baptized as Catholic.  This has led some parents to have their children baptized only so they can be admitted into a high quality school.  In July, the Irish parliament passed a law prohibiting this favoritism

Friday, August 24, 2018

Iowa Pharmacy Board's Refusal To Recommend Cannabis Exception Is Challenged

A petition (full text) for review of a July 18 decision by the Iowa Board of Pharmacy has been filed in an Iowa state trial court.  In Olsen v. Iowa Board of Pharmacy, (IA Dist. Ct., filed 8/15/2018), petitioner contends that the Pharmacy Board abused its discretion when it refused to recommend to the state legislature that an exemption be added to the state drug laws to exempt religious use of cannabis by Rastafari.  The Board took the position that it lacks expertise to evaluate the use of controlled substances for religious purposes. A number of posts on the issue are at Carl Olsen's Blog.

Washington's Work-Study Program Challenged Over Non-Sectarian Employer Requirement

A suit was filed last week in federal district court in the state of Washington challenging Washington's structuring of its Work-Study program.  The Program provides financial aid to college students by paying part of a student's salary when the student is working for a participating employer, usually in a field related to the student's studies. Eligible employers, and jobs themselves, must be non-sectarian.  The complaint (full text) in Summit Christian Academy v. Meotti, (WD WA, filed 8/14/2018) contends that excluding religious employers and sectarian work violates the free exercise clause, the equal protection clause and the Establishment Clause. Institute for Justice issued a press release announcing the filing of the lawsuit.

Thursday, August 23, 2018

Arkansas Commission Refuses To Dismiss Complaint Against Anti-Death Penalty Judge

In an Aug. 20 Order (full text begins at pg. 5) the Arkansas Judicial Discipline and Disability Commission refused to dismiss Allegations (full text) filed in June against Circuit Court Judge Wendell Griffen complaining about his granting of a temporary restraining order barring use for executions of vecuronium bromide sold to the state. (Background).  Griffen is charged with violating the Judicial Canon requiring impartiality through his participation in religious anti-death penalty rallies and vigils. Magnolia Banner News reports on the Commission's order.

Judge Authorizes Shut-Down of Cannabis-Based Church

A Riverside, California trial court judge last week authorized the city of Jurupa Valley to close down the Vault Church of Open Faith, a cannabis-based church that lists the prices for various kinds of marijuana online. According to the Press-Enterprise, the Vault's lead minister,  Gilbert Aguirre, who has no formal religious training typically leads services which often include smoking or eating marijuana products. Jurupa Valley bans marijuana businesses of all kinds.

Muslim School Sues City Over Harassment At City Pool

A Muslim school in Wilmington, Delaware has filed suit against the city alleging religious discrimination against students in the school's summer day camp by personnel at the city's swimming pool.  According to yesterday's Delaware Public Media, pool workers harassed pre-school students in the summer program of Darul Amaanah Academy because of the students' religious attire. Pool workers say they were enforcing a no-cotton policy, but parents say that children were traumatized.

Suit Challenges Exclusion of Sectarian Schools From Maine's High School Tuition Program

In Maine, small school districts that do not operate their own high schools or contract with a specific school for educational purposes, pay tuition for residents to attend a high school elsewhere in the state.  However state law bars paying tuition for students to attend sectarian schools.  On Monday a suit was filed challenging that exclusion.  The complaint (full text) in Carson v. Hasson, (D ME, filed 8/21/2018), alleges that this exclusion violates the 1st and 14th Amendments.  In a press release announcing the filing of the lawsuit, First Liberty described the claims:
By singling out religious schools, and religious schools only, for discrimination, Maine violates the religious freedom and equal protection guarantees of the U.S. Constitution. As the U.S. Supreme Court’s Chief Justice John Roberts wrote for a 7-2 majority in last year’s Trinity Lutheran Church v. Comer decision, excluding a church “from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution…and cannot stand.” Armed with this recent decision, IJ and FLI’s clients intend to vindicate the principle that government programs cannot discriminate against religion.

Wednesday, August 22, 2018

Court Orders More Briefs On RFRA Defense By Peace Protesters

In an Order last week in United States v. Kelly, 2018 U.S. Dist. LEXIS 138195, (SD GA, Aug. 15, 2018), a Georgia federal magistrate judge instructed both sides to provide additional briefing on the "particularized issues raised by Defendants' RFRA defense" in the prosecution of peace activists for breaking into Naval Submarine Base Kings Bay. Defendants argue that their "symbolic disarmament" of nuclear weapons at the base was an exercise of their sincerely held Catholic beliefs.  In ordering additional briefs, the court said in part:
At the August 2, 2018 motions hearing, counsel for both the Government and Defendants represented to the Court that Defendants' RFRA claim as a defense to criminal prosecution was an issue of first impression and that the applicability of RFRA to federal criminal law was an open question.... Subsequent to the hearing, however, the Government filed Supplemental Briefing that acknowledged RFRA's applicability to criminal prosecutions and its availability as a defense.... The Government now contends that Defendants' actions ... were not religious in nature and ... even assuming they were, the Government contends it has a compelling interest in protecting Naval Submarine Base Kings Bay....
Brunswick News reports on the court's Order.

Open Meeting Lawsuit Filed Growing Out of Alleged Anti-Jewish Curricular Materials

Jewish News Syndicate reports on a taxpayer lawsuit filed last week in state court in Massachusetts growing out of an ongoing dispute over teaching materials used in the Newton school system.  Newton residents have contended that the schools are using anti-Jewish anti-Israel educational materials, including ones funded by the Saudi oil company ARAMCO and the government of Qatar. The lawsuit alleges violations of the state's open meeting laws, contending that month after month the minutes of the meetings of the Newton School Committee deliberately omit names and summaries of remarks by citizens who have appeared before the committee to complain about anti-Jewish materials and Islamic religious lessons.  Critics of the curriculum also urge the firing of the current school superintendent.

Tuesday, August 21, 2018

Switzerland Denies Citizenship To Muslim Couple For Their Rejection of Gender Equality

BBC News reported last week that Swiss authorities have denied the citizenship application of a Muslim couple who refused to shake hands with individuals of the opposite sex during their citizenship interview. To obtain citizenship, an applicant must be well integrated into the Swiss community and demonstrate an attachment to the country, its institutions and a respect for its legal order. According to the report:
Officials stressed they were not rejected based on their religion but for their lack of respect for gender equality.
[Thanks to Scott Mange for the lead.]

Conservative Christian Groups Oppose Arkansas Tort Reform Ballot Measure

AP reports that Arkansas' proposed constitutional amendment on tort reform (full text) is receiving surprising opposition from conservative Christian anti-abortion groups:
A Christian group has begun rallying churches and abortion opponents against the measure, saying that limiting damage awards in lawsuits sets an arbitrary value on human life, contrary to anti-abortion beliefs, and conflicts with biblical principles of justice and helping the poor....
The Family Council, which championed Arkansas’ ban on gay marriages, is organizing meetings with church leaders to call for the measure’s rejection.
“The Bible is full of references to justice, and [the proposal] creates an environment where the powerful can tip the scales of justice against everybody else, but especially the poor,” Jerry Cox, the Family Council’s head, said at a recent breakfast meeting with pastors.
Pastors were handed informational booklets emblazoned with the words “Don’t Put A Price Tag On Human Life.” Flyers left on each table offered attendees inserts for their church bulletins.

Court Says Religious Commitment To Climate Justice Prevails Over Historic Preservation Rules

According to the Keene Sentinel, last week a Massachusetts trial court judge ruled that a church's religious commitment to climate justice takes precedence over historic preservation rules:
A Massachusetts Superior Court judge last week ordered Bedford’s Historic District Commission to allow the First Parish Church to install solar panels on the roof of the sanctuary. In what could be a precedent-setting decision, the congregation can install panels to generate electricity in keeping with a principle of “climate justice.” John Gibbons, senior minister of the church, said in a press release, “This ruling makes it possible for us to give more than lip service to our religious values, to walk our talk and to live in greater harmony with the rhythms of nature.”
In other words, parishioners believed they needed to do something to cut carbon emissions to protect the earth. That principle of their faith overruled a strict adherence to preservation of the historic character of their 200-year-old building.

DC Circuit Remands Suit On Anti-Sharia Bus Ads

In American Freedom Defense Initiative v. Washington Metropolitan Area Transit Authority, (DC Cir., Aug. 17, 2018), the D.C. Circuit Court of Appeals remanded for further development of an argument based on a intervening Supreme Court decision a challenge to WMATA's guidelines on advertising that may be displayed on buses and in rail stations.  At issue is the constitutionality of a ban on "advertisements intended to influence members of the public regarding an issue on which there are varying opinions." AFDI wanted to rent space to display ads that
make the point that the First Amendment will not yield to Sharia adherent Islamists who want to enforce so-called blasphemy laws here in the United States, whether through threats of violence or through the actions of complicit government officials. 
In a 2-1 decision, the majority held that WMATA did not engage in viewpoint discrimination in rejecting the ad. However, the U.S. Supreme Court's June 2018 decision in Minnesota Voters Alliance v. Mansky , according to the majority, raised an additional issue that the parties should have the opportunity to brief:
whether the discretion vested in a government official to permit or prohibit speech is “guided by objective, workable standards.” Mansky, 138 S. Ct. at 1891.... We must determine whether Guideline 9 is so broad as to provide WMATA with no meaningful constraint upon its exercise of the power to squelch.....
The parties’ briefs predate the decision in Mansky. Yet Mansky invites arguments about whether Guideline 9 is capable of reasoned application.
Judge Henderson dissented, arguing that the suit should be dismissed on mootness grounds. WTOP reports on the decision.

Monday, August 20, 2018

VA Doctor's Statement Did Not Violate Establishment Clause

In Rose v. Borsos, 2018 U.S. Dist. LEXIS 139466 (ED TN, Aug. 17. 2018), a Tennessee federal district court dismissed a claim by a VA hospital patient that a VA doctor violated the Establishment Clause when the doctor told the patient that "God would forgive [him] for committing suicide because of uncontrolled pain."