3rd Circuit Denies En Banc Review In Title VII Case

The Wilkes Barre (PA) Times Leader reported yesterday that the U.S. 3rd Circuit Court of Appeals has denied en banc review in Petruska v. Gannon University. A 3-judge panel in September held in the case that the "ministerial exception" to Title VII of the 1964 Civil Rights Act precluded recovery by a female chaplain who claimed that she was demoted at Gannon University because she was a woman.

Swiss City Debates Permitting Religious Cemeteries

Currently, cemeteries in Geneva, Switzerland must be public and non-denominational. However, Jews and Muslims both would like to create private cemeteries in which they can bury their dead according to their religions' rules-- something they can now do in only limited space that is running out. The Associated Press reports that a bill to permit private cemeteries is to be voted on this week by the cantonal parliament. However, Social Democrats are opposed to the proposal. Christian Brunier, Social Democrat deputy, said: "This would open the door to community divisions".

Delaware AG Says Loans and Grant To Churches Were Unconstitutional

The Wilmington, Delaware News Journal reported that a Delaware Attorney General's Opinion released on Wednesday said that three loans and one grant to churches by the town of Middletown, Delaware were probably unconstitutional. Deputy Attorney General Frank N. Broujos said that most of the town's loans to non-profit organizations were probably permissible because they advanced a public purpose. However the grant and loans to churches impermissibly advance religion and religious activities.

Times' Series On Religious Exemptions Criticized

An article Wednesday by the Business & Media Institute strongly criticized the New York Times' recent series on benefits and exemptions granted by government to religious organizations. The Institute said that the series was a "pro-government, pro-regulation treatise". It argues that Diana B. Henriques, reporter on the Times series, failed to point out "the radical nature of several anti-religious sources mentioned in her series".

Tennessee City Commissioner Supports Religion In Schools

In Mt. Juliet, Tennessee, city commission member Glen Linthicum is leading a campaign against the recent lawsuit filed by the ACLU that challenges religious practices in the Wilson County (TN) school district's Lakeview Elementary School. Linthicum co-sponsored a resolution passed unanimously by the city commission urging the schools to fight for their rights to religious expression. He is also organizing a prayer rally for later this month to support the schools. The Tennesssean quotes Linthicum, who said:: "What I hope to accomplish is to send a clear message to ACLU and the rest of Tennessee that Mt. Juliet stands for traditional values in America and that ACLU needs to ply their trade elsewhere."

Somalia Proposes Islamic Restrictions On Media

In Somalia, Islamists who have taken over control of Mogadishu and most of central and southern Somalia have proposed a new set of restrictions that would be imposed on the media. They are designed to prohibit "un-Islamic" reporting, according to a report today from South Africa's IOL. Thirteen proposed rules would ban reporting of information seen as contrary to Islam. The rules would also require registration for media. Reporters Without Borders called the proposals "completely unacceptable".

Iowa Diocese Files For Bankruptcy

The Davenport Iowa Diocese has become the fourth Roman Catholic diocese in the United States to go into bankruptcy in response to claims by individuals suing over sexual abuse by priests. The Des Moines Register reports today that the bankruptcy filing comes a month after the diocese was ordered to pay $1.5 million in damages to an abuse victim. David Clohessy, national director of Survivors Network of Those Abused by Priests, said: "Bankruptcy is not a particularly Christian response."

UPDATE: The Associated Press on Wednesday distributed an interesting article on the risks and uncertainties of dioceses using the bankruptcy route to deal with priest sexual abuse liabilities.

Orthodox Church In Russia Insists Clergy Not Hold Civil Office

Interfax today reports that a Russian Orthodox priest is about to be suspended by the church after he won a recent civil election to become head of administration in the Russian village of Ladovksaya Balka. Yevgeny Bronsky, press secretary for the Diocese of Stavropol and Vladikavkaz said: "Canonically, a priest cannot be a temporal chief. By his decision to head an administration Igor Sheverdin has violated the oath he gave when he was ordained priest".

Michigan Rejects Intelligent Design In Science Classes

The Associated Press reports that on Tuesday, the Michigan State Board of Education unanimously adopted new curriculum guidelines that support the teaching of evolution and exclude the teaching of intelligent design in science classes. The theory could be taught in other courses. Michigan Citizens For Science issued a statement praising the fair procedures used by the Board of Education in considering the issue.

Catholic Hospital Succeeds In Defense Against Wiccan's Title VII Claim

In Saeemodarae v. Mercy Health Services-Iowa Corp., (ND IA, Oct. 6, 2006), an Iowa federal district court held that the religious organization exemption in Title VII of the 1964 Civil Rights Act could be invoked by a hospital founded by the Sisters of Mercy to defend against Title VII religious discrimination and retaliation claims. Plaintiff , a telemetry technician, alleged that the hospital fired her because of her Wiccan religious beliefs and activities, including her reading Wiccan literature while at work. The court held that the exemption applied to preclude the lawsuit even where plaintiff's work for the religious organization was secular in nature. The court declined to exercise supplemental jurisdiction over plaintiff's discrimination claim brought under state law, and so refused to decide whether the religious institution exemption in the Iowa Civil Rights Act is narrower than that in federal law.

Memorandum Raises 1st Amendment Defenses In Terrorism-Related Case

In May, 2005, two former officers of a Boston-based Islamic charity, Care International, were indicted on charges of concealing facts about Care International from the federal government and with defrauding the Internal Revenue Service into granting Care International 501(c)(3) tax status. The indictment claimed that the organization was involved in funding of the mujahideen and of jihad. (AP; US Attorneys Office; ADL summary).

The Wooster (MA) Telegram & Gazette reports that last week, two high profile First Amendment lawyers filed appearances in a Massachusetts federal district court to represent the defendants. The lawyers are law professor Susan Estrich and former Massachusetts ACLU president Harvey Silvergate. On Oct. 5, 2006, they filed a fascinating 49-page memorandum urging dismissal of the indictment on First Amendment grounds. The case is United States v. Muhamed Mubayyid and Emadeddin Z. Muntasser (Criminal No. 05-40026-FDS, D MA).

The memorandum (available through PACER- subscription and fee required) argues that the information the defendants are charged with concealing related only to the ideological basis of Care International’s activities, and is therefore irrelevant to the granting of non-profit status to the group. It contends that the government is attempting to punish defendants for legitimate activities of an established religious charity that do not differ from the activities of mainline Jewish and Catholic organizations. The memorandum argues that the indictment misinterprets the concept of “jihad”, and that if the government’s theory is upheld, then mere distribution of the Koran by Muslim charities would become a criminal activity.

In arguing that Care International was merely pursuing religious goals, the memorandum says:

[I]t is well-established among all respectable sources that jihad, mujahideen, and zakat are all concepts which derive to varying degrees from the Koran and have enormous religious significance to practicing Muslims. Under the teachings of the Koran, Muslims have an obligation to give zakat,; the mujahideen are widely interpreted to be one of the eight categories of recipients entitled to zakat. The gravamen of the indictment is that Care was devoted to the support of "jihad" which the government simplistically defines as “holy war,” as if doing so negates the charitable and religious basis of Care’s and Mr. Muntasser’s claim to First Amendment protection and creates an obligation to supply information that would normally not be seen as material to such an application for tax-exempt status.

Turkish Government Hesitates To Permit Reopening Of Seminary

The question of whether the government of Turkey will permit the reopening of a 162-year old Greek Orthodox seminary on the island of Halki will be an important measure of religious freedom in Turkey, according to today's Turkish Daily News. That in turn will impact the decision on admitting Turkey to the European Union. In 1971, Turkey closed all university level religious schools, including Muslim ones. As the only secular state in the Muslim world, Turkey argues that it cannot permit the Christian seminary to reopen without also permitting Islamic groups to open schools that could radicalize the Muslim population. The government also does not want to take steps that could lead to Istanbul becoming a kind of "Vatican" for Orthodox Christians.

Montana Church Appeals Constitutionality Of State Election Regulations

Representing a Baptist church charged with violating Montana's election campaign reporting laws, the Alliance Defense Fund (press release) yesterday filed a notice of Appeal with the U.S. 9th Circuit Court of Appeals in Canyon Ferry Road Baptist Church v. Higgins, (D MT, Sept, 26, 2006). In the case, the district court rejected the Church's First Amendment speech and religion challenges to the election regulations. The Montana Commissioner of Political Practices had ruled that the church should have reported its support of activities in 2004 to get voters to pass a constitutional ban on gay marriage. (See prior posting.)

Federal Grant Will Fund Study Of Impact Of Religion On Youth Social Behavior

A $400,000 federal grant to Baylor University (press release) may shed light on the wisdom of funding faith based social programs. The grant, from the Department of Justice Office of Juvenile Justice and Delinquency Prevention, will fund a multidisciplinary initiative to study the role of religiousness, religiosity, religious institutions and congregations, as well as religious practices and beliefs, in promoting prosocial behavior among youth.

Sunday Closing Rules In Nova Scotia Invalidated

In Canada, the Nova Scotia Supreme Court has held that current Sunday closing regulations exceed the authority given to the province's Cabinet by the Nova Scotia Retail Business Uniform Closing Act. In Sobeys Group Inc. v. Attorney General of Nova Scotia, (N.S. Sup. Ct., Oct. 4, 2006), the court struck down Sunday closing rules that exempted most small grocery stores. It said: "Cabinet cannot discriminate either as to the size of the retail outlet or the corporate structure of it without the requisite regulatory power. Such power is neither express or implied in Section 8 of the [Retail Business Uniform Closing] Act. It logically follows that the impugned regulations are ultra vires the Governor in Council (the Cabinet) and are therefore of no force and effect." (See prior related posting.) The Halifax Daily News yesterday reported that most church-goers said that they will not be affected by the fact that stores may now be open.

School's Motion To Dismiss Suit On "Day of Truth" Cards Dismissed

Last week in Arthurs v. Sampson County Board of Education, (ED NC, Oct. 2, 2006), a North Carolina federal district court refused to dismiss a lawsuit against a North Carolina school system brought by a Christian student who was not permitted to hand out Day of Truth cards presenting a Christian view on homosexuality. (See prior posting.) The Sampson County Board of Education had moved to dismiss on the ground that the student's speech was not religious speech, but the court disagreed. In a press release, the Alliance Defense Fund, representing the student, said: "It’s clearly unconstitutional when students participating in the Day of Silence, which supports the homosexual agenda, are permitted to observe their event by distributing flyers ..., but a student with an opposite perspective is prevented from communicating it during non-instructional time."

Chinese Christian Member Of Unregistered Church Granted Asylum

Last week, the Department of Justice Executive Office For Immigration Review's Houston Immigration Court found that the heightened risks for unregistered church members in China is a change of circumstances that justifies granting a previously denied application for asylum. In the high profile case of In the Matter of Li, Xiaodong, (Oct. 3, 2006), the Immigration Court held that Xiaodong Li should be granted asylum. These developments, reported by the Alliance Defense Fund, follow a widely reported 2005 Fifth Circuit decision in the case upholding a denial of asylum. However that decision was vacated later in 2005 after the government agreed to reopen the case based on new evidence.

Recently Available Prisoner Free Exercise Cases

In Rhorabough v. Carey, 2006 U.S. Dist. LEXIS 72209 (ED CA, Oct. 3, 2006), a California federal magistrate judge dismissed a prisoner's claim that he was not allowed to attend religious services because the complaint did not connect the denial to any defendant named in the law suit.

In Kyles v. Clarke, 2006 U.S. Dist. LEXIS 72749 (ED WI, Oct. 4, 2006), a Wisconsin federal district court permitted a prisoner to move forward with his claim that he was denied the right to have Islamic religious services in the jail, while Christian religious services were offered several times per week.

In Wells v. Caldwell, 2006 U.S. Dist. LEXIS 72813 (ED MI, June 14, 2006), a Michigan federal magistrate judge permitted a Buddhist prisoner who was denied vegan meals to proceed with his claim that he was not given a reasonable chance to prove the sincerity of his religious beliefs.

In Harris v. Schriro, 2006 U.S. Dist. LEXIS 72558 (D AZ, Oct. 4, 2006), an Arizona federal district court dismissed two of the claims filed by a Jewish prisoner. The claim against a food service corporation were dismissed because it was not vicariously liable for its employees who failed to provide Kosher meals to the plaintiff. It rejected his claim that his rights were violated because no rabbi was provided to conduct religious services for him. No volunteer rabbi has been found who is available.

In Walton v. Tilton, 2006 U.S. Dist. LEXIS 72219 (ED CA, Oct. 3, 2006), a California federal magistrate judge recommended dismissal of a prisoner's claim that the California Department of Corrections and Rehabilitation's "no pork" policy constitutes an impermissible establishment of religion by endorsing the Muslim faith.

In Ortega v. Apio, 2006 U.S. Dist. LEXIS 72930 (D Az, Oct. 3, 2006), an Arizona federal district court gave plaintiff prisoner a chance to refile his claim to allege the proper elements of a cause of action, in connection with his claim that he has been denied access to Native American clergy and instead he received visits from "Rez Connections, a Christian ministration group bent on converting Native Americans to Christianity".

Preacher Acquitted On Noise, Trespassing Charges

In Commonwealth v. McRae, (Case No. 0366 SA 2005, Sept. 27, 2006), the Dauphin County, Pennsylvania Court of Common Pleas acquitted Ronnie M. McRae, director of the World Wide Street Preacher's Fellowship of charges that he violated Harrisburgh's noise ordinance while preaching across the street from an annual PrideFest gay pride festival held in July 2005. The court held that it need not reach the question of the constitutionality of the ordinance, since the DVD of the event demonstrated that defendant's preaching was consistent with the level of noise that was occurring at the festival. The court also acquitted McRae of charges of "defiant trespass", because McRae was preaching on a sidewalk that was open to the public. (See prior related posting.) [Thanks to David Miller for sending me a copy of the court's opinion.]

A New Danish Muhammad Cartoon

A controversy over a new Danish cartoon of the Prophet Muhammad could be brewing, according to today's Jakarta, Indonesia Post. On Friday, Denmark's national TV2 channel broadcast a video showing a drawing contest at a summer camp run by the far-right Danish People's Party. One of the drawings was a camel with Muhammad's head and beer bottles as humps. The 20 and 30 year olds participating in the contest appeared to have been drinking alcohol and were laughing at the drawing. Din Syamsuddin, chairman of Indonesia's Islamic organization, Muhammadiyah, urged that a lawsuit be filed against those producing the drawings for slandering Islam. However he urged followers not to over react, saying the airing may have been deliberately intended to provoke anger during Ramadan.