Somalia Moves Toward Sufi vs. Shabab Warfare

A New York Times report this morning from Somalia says that the African country is moving from clan warfare to religious warfare. In the central part of the country, moderate Sufi militias are winning against the conservative extremist Shabab movement, even though the Shabab is increasingly taking over the capital of Mogadishu on the country's coast.

Court Upholds Montana Law School's Refusal To Fund Christian Legal Society

In Christian Legal Society v. Eck, 2009 U.S. Dist. LEXIS 42980 (D MT, May 19, 2009), a Montana federal district court accepted a magistrate's recommendations and upheld the University of Montana Law School's non-discrimination and open-membership policies for recognized student groups. The court concluded that Christian Legal Society's requirements for voting membership violate those policies and thus disqualify CLS from receiving Student Bar Association funding. CLS requires that students, in order to be voting members, sign a Statement of Faith. It also treats "unrepentant participation in or advocacy of a sexually immoral lifestyle" as inconsistent with the required Statement. The court held that the law school's policies are viewpoint neutral and were not intended to single out or limit CLS' rights to free expression. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Marsh v. Florida Department of Corrections, (11th Cir., May 18, 2009), the U.S. 11th Circuit Court of Appeals rejected a free exercise challenge to a policy of the Florida Civil Commitment Center that bars plaintiff from practicing Nisei GoJu-Ryu Karate, a form of martial arts practiced by Zen Buddhists for spiritual enlightenment. The court concluded it did not have to decide whether Turner v. Safley applies to civilly committed detainees as well as those committed criminally. It concluded that even were it to apply the constitutional protections granted to non-detained individuals, the institution's martial arts ban would be upheld as a neutral and generally applicable rule.

In Florer v. Johnson, 2009 U.S. Dist. LEXIS 41960 (WD WA, May 4, 2009), a Washington federal magistrate judge granted plaintiff leave to amend his complaint to allege that that the 2004, 2006 and 2008 kosher and mainline dietary menus offered by the Washington Department of Corrections were nutritionally and religiously inadequate. It rejected defendants' claims that the amended complaints were barred by res judicata.

In Trotter v. Schwarzennegger, 2009 U.S. Dist. LEXIS 41554 (ED CA, May 5, 2009), a California federal magistrate judge dismissed a prisoner's complaint alleging a lack of religious programs at his prison.

Objections To Religious References At Trial of Juvenile Not Preserved For Appeal

In In re A.D., (TX App., May 15, 2009), a 14-year old Mennonite boy challenged the 10-year sentence imposed on him for driving while intoxicated, thereby causing the death of a passenger in his SUV. The boy claims that repeated references at trial to the nature of the religious community in which he and his family reside violated his equal protection rights. He claimed that the jury assessed punishment at least in part based on the beliefs and practices of his Mennonite community. However the a Texas state appellate court concluded that failure to object to the statements at trial forfeited the right to raise them on appeal. Nevertheless, the court reversed and remanded the sentence on other grounds, finding that no evidence was presented to show that efforts were made, as required by Texas law, to prevent removing the juvenile from his home.

Wisconsin Jury Convicts Mother Who Relied on Faith Healing of Homicide

The Chicago Tribune and the Wausau Daily Herald report that yesterday in Wausau, Wisconsin, a state court jury found Leilani Neumann guilty of second-degree reckless homicide in the death of her 11-year old daughter, Kara, whose diabetes went untreated. Instead the girl's parents, relatives and friends prayed for her as her health deteriorated and she finally went into a coma. In closing arguments, the prosecutor described Neumann as a religious zealot who let her daughter die as a test of faith. Defense counsel responded that Neumann did not realize her daughter was so ill and did all she could consistent with her family's belief in faith-healing. Neumann faces a possible sentence of 25 years in prison, and her attorney says an appeal is planned based on the trial court's refusal to allow a faith-healing expert to testify at trial. Neumann's husband, Dale, will be tried separately on similar charges in July.

Connecticut High Court Orders Release of Documents In Clergy Abuse Cases

In Rosado v. Bridgeport Roman Catholic Diocesan Corp., (Ct. Sup. Ct., May 22, 2009, official release date June 2), the Connecticut Supreme Court, over the dissent of Justice Sullivan, granted the requests of 4 newspapers and released some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. According to a report on the case by The Day (New London, CT), the documents have been under seal since 2001 when the Diocese of Bridgeport settled the cases. The court held that all documents filed with the court that it could reasonably rely on in support of its adjudicatory function are presumptively open to the public. (Under this rule, only 15 documents in the cases could be kept sealed.) The court also held that the trial court judge properly refused to recuse himself in the case seeking release of the documents. (See prior related posting.)

Defendant Sentenced To 10 Years For Pot Farm; Religious Defense Found Insincere

Last Monday in a northern California federal courtroom, trial onlookers shouted at federal district judge Marilyn Hall Patel and the federal prosecutor after Patel sentenced defendant Charles "Eddy" Lepp to the mandatory ten years in prison on charges of running a vast marijuana farm known as "Eddie's Medicinal Gardens and Ministry of the Rastafari." According to Law.com, Judge Patel questioned the sincerity of Lepp's attempted religious defense to the charges, saying he did not display much knowledge about Rastafarianism. The judge, who said she thought the mandatory minimum was excessive but had no authority to modify it, said she would entertain a motion to modify Lepp's sentence if Congress changes the law while he is still in prison.

In Greece, Young Muslims Violently Protest Ripping of Quran By Policeman

In Athens, Greece, some 1,500 young Muslims marched to the Parliament building yesterday to protest charges that a police officer tore up a copy of the Qur'an while checking an Iraqi immigrant's identity papers. Today's Haaretz reports that as the crowd shrunk to about 300, violent clashes with police broke out and 46 protesters were arrested. Police released photos of the torn Qur'an and said they will investigate the charges, but emphasized that the isolated incident did not justify the violent reaction.

Inspector General Reports on 2004 IRS Exams of Non-Profit Political Activities

The Treasury Department has posted online a May 12 audit report by the Treasury Inspector General for Tax Administration titled Statistical Profile of Alleged Political Intervention by Tax-Exempt Organizations in the 2004 Election Season. The audit, undertaken at the request of the Senate Finance Committee, examines the Internal Revenue Service's performance in its 2004 initiative to promote compliance with the prohibition against political campaign intervention by non-profits. The report finds:

For the 2004 Initiative, the IRS opened 110 examinations.... Examinations most often were initiated after referrals were received from sources external to the IRS and were almost evenly distributed between churches and charities. The examinations mainly concerned tax-exempt organizations that had allegedly been involved in a single instance of potentially prohibited political intervention and involved issues/campaigns at the national level slightly more than at the State and local level. In addition, examinations involved a wide array of issues, such as distribution of printed and electronic information, as well as verbal statements and direct political contributions....

As of November 2008, the IRS' inventory system showed that the IRS had substantiated prohibited political activity in 76 (71 percent) of the 107 examinations it had completed. While reviewing case information, we found that this number was overstated. Based on our review of case files, the IRS incorrectly coded 14 cases as involving violations of the political intervention prohibition when no violations occurred. While the data still shows that a majority of examinations resulted in the IRS determining that tax-exempt organizations had violated the prohibition, it is important that this information be accurate because it is reported to external stakeholders. We determined that the incorrect coding was due to confusion over how to classify case results on the inventory system.

Liberty University Revokes Recognition of College Democrats

The Washington Post today reports that Liberty University, the conservative Christian school located in Lynchburg, Virginia, has withdrawn recognition of Liberty University College Democrats as a student organization. The move comes as the University adopts a new policy governing student organizations. An e-mail sent to the group from the University's vice-president for student affairs says: "We are unable to lend support to a club whose parent organization stands against the moral principles held by Liberty University." (Full text of new policy and of e-mail revoking College Democrats' recognition). Maria Childress, the club's adviser, says she is trying to appeal the decision to the school's chancellor, Jerry Falwell Jr. The Lynchburg (VA) News-Advance reports on a statement Falwell made today regarding the suspension:

"That club still has the right to exist," Falwell said, although it cannot use the university’s name in its activities. "They still can meet on campus," in certain rooms, he said. "There is absolutely no animosity at all toward any of these kids. They are good, Christian kids who sit with me at ball games. I just hope they find a pro-life family organization to affiliate with so they can be endorsed by Liberty again."

Virginia Governor Timothy Kaine issued a statement on Democratic national Committee letterhead urging the University to reverse its decision. [Thanks to both Don Byrd and Bob Ritter for the lead.]

Senate Passes Resolution Remembering M.S. St. Louis Anniversary

This week the U.S. Senate passed S. Res. 111, "recognizing June 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying Jewish refugees from Nazi Germany, returned to Europe after its passengers were refused admittance to the United States." The resolution passed May 19 by Unanimous Consent.

California Law Protects Closed Church From Landmarking

In California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco, (CA Dist. 1 App., May 20, 2009), a California state appellate court held that the San Francisco Board of Supervisors exceeded its jurisdiction in adopting a resolution beginning the procedure to designate First St. John‟s United Methodist Church as a landmark. The court held that state law permitting religiously affiliated organizations to exempt their noncommercial property from landmarking regulation applies even though the building is no longer being used as a place of worship. The court concluded that the purpose of the state law exclusion was to allow religious institutions to sell their dilapidated churches for a profit. BCN reported on the decision yesterday.

Court Refuses To Decide RLUIPA Claim On Ripeness Grounds

Congregation Etz Chaim v. City of Los Angeles, 2009 U.S. Dist. LEXIS 42345 (CD CA, May 5, 2009), is the latest decision in a dispute that began in 1996 over whether the city of Los Angeles would issue a conditional use permit to members of a synagogue to allow them to conduct religious services at a house in Los Angeles. A 2001 settlement of a RLUIPA lawsuit filed by the congregation was overturned by the 9th Circuit in 2007 on the ground that the settlement process cannot be used to evade state law requirements for notice and a hearing for the affected community before a conditional use permit is granted. (See prior posting.) In May 2008 the Congregation filed a new conditional use permit application with the city, but also asked the court to move ahead with a decision on its original RLUIPA claim. The court refused to do so on ripeness grounds, holding:

Over ten years have passed since the City denied plaintiff's CUP application, and the Congregation has recently filed a second application, which the City is currently considering. This second CUP application presents the first opportunity for the City to consider the Congregation's request in light of RLUIPA..... [G]ranting of the second CUP application would moot the instant action. Furthermore, it does not appear that the Congregation will be immediately harmed by the Court's decision to dismiss the instant action on ripeness grounds. The City has not taken any action to date to enforce the original denial of the CUP.... [T]he threat of hardship to the Congregation remains speculative.

Republicans Delay Committee Vote On 7th Circuit Nominee Over His Establishment Clause Decisions

At the request of Republican members of the Committee, the Senate Judiciary Committee postponed a vote that was to have taken place yesterday on the nomination of Indiana district judge David Hamilton to serve on the U.S. Seventh Circuit Court of Appeals. According to yesterday's Indianapolis Star, Alabama Senator Jeff Sessions said that Republicans needed more time to review Hamilton's record on the district court. Sessions pointed particularly to Hamilton's rulings holding that the opening of sessions of the Indiana House of Representatives with sectarian prayer was a violation of the Establishment Clause. (See prior posting.) Subsequently the decision was reversed on standing grounds by the 7th Circuit. Hamilton testified at his nomination hearings that the law on taxpayer standing changed between his decision and the reversal by the 7th Circuit.

Final Defendant Settles In Sex Abuse Case Against Seattle Archdiocese

Yesterday's Tacoma (WA) News Tribune reports that the second of two plaintiffs in a priest sex abuse case brought against the Catholic Archdiocese of Seattle has agreed to settle for $700,000 following his testimony at trial. The Archdiocese gave plaintiff a short deadline to accept, after jurors raised some questions about the testimony. Plaintiff had already settled with other potential defendants, receiving some $600,000 from them. In the current trial, another plaintiff settled earlier this week. (See prior posting.) Both had allegedly been abused by former priest Patrick G. O’Donnell.

Pending British Equality Bill Creates Only Narrow Exemption For Religious Objections

As previously reported, in April Britain's new Equality Bill was introduced into the House of Commons. The Explanatory Notes published by the Equalities Office devoted several pages to the exemption from the provisions on sexual orientation discrimination for organized religious groups. [Scroll to pp. 85-89 of the PDF document]. Wednesday's London Telegraph reported that Deputy Equalities Minister Maria Eagle speaking to the delegates at the Faith, Homophobia, Transphobia, & Human Rights conference in London has indicated that the exemption will be read narrowly. She said in part:

The circumstances in which religious institutions can practice anything less than full equality are few and far between. While the state would not intervene in narrowly ritual or doctrinal matters within faith groups, these communities cannot claim that everything they run is outside the scope of anti-discrimination law. Members of faith groups have a role in making the argument in their own communities for greater LGBT acceptance, but in the meantime the state has a duty to protect people from unfair treatment.

Does "WWJD" Violate Fair Debt Collection Practices Act?

The federal Fair Debt Collection Practices Act prohibits debt collectors from engaging in "conduct the natural consequence of which is to harass, oppress, or abuse any person" (15 USC 1692d) or using "unfair or unconscionable means "(15 USC 1692f) in collecting amounts owed by consumers. In Neill v. Bullseye Collection Agency, 2009 U.S. Dist. LEXIS 41931 (D MN, May 14, 2009), plaintiffs argued that placing "WWJD" ("What would Jesus do?") in the top corner of collection letters violated these provisions. They claimed that the practice "has the effect of invoking shame or guilt in alleged debtors and 'portray[s] the debtor as a sinner who is going to hell.'" The court denied defendant's motion to dismiss the claim, finding that plaintiffs had stated enough facts to make out a plausible claim. The court put off any consideration of the constitutionality of the statute.

French Government Agency Combatting Cults Releases Report

On Tuesday, the French government agency Mission interministérielle de vigilance et de lutte contre les dérives sectaires, (MIVILUDES), i.e. "Interministerial Mission for Monitoring and Combating Cultic Deviances," released its 2008 annual report (full text in French). France 24 says the report:

warns that religious sects are on the increase in France, tripling in the last 15 years to reach at least 600 different movements across the country. The report also denounces a huge increase in unqualified therapists, warning that sects are using the personality coaching and self-help trends to target impressionable people.

Digital Journal says that 10 pages in MIVILUDES' 199-page report are devoted to criticizing the activity of sects in the United Nations and the OSCE. The report says that non-governmental organizations are attempting to limit MIVILUDES influence in the UN and OSCE, and that the Church of Scientology has particularly taken aim at MIVILUDES.

Priest's Conviction on Child Molestation Charges Upheld

In State of Wisconsin v. McGuire, (WI Dist. II Ct. App., May 20, 2009), a Wisconsin state appellate court upheld the 7-year prison term imposed on a former, once-prominent Jesuit priest who was convicted of molesting two teenage boys in the late 1960's. Priest Donald McGuire was not charged until 2005, and was tried in 2006. The statute of limitations had not run because McGuire was not in Wisconsin in the intervening years, thus tolling the statute. The court rejected McGuire's claims that the 36-year delay in bringing charges against him prejudiced his defense and violated his constitutional rights; that he received ineffective assistance of trial counsel; and that the trial court had admitted unduly prejudicial evidence. Yesterday's Chippewa Valley (WI) Newspapers reporting on the appeal said that the now 78-year old priest was also sentenced earlier this year by a federal court to 25 years in prison for traveling across state lines and out of the country to have sex with a teenager between 2000 and 2003.

Same-Sex Marriage Not Yet A Done Deal In New Hampshire

As previously reported, New Hampshire Governor John Lynch told the legislature that he would sign the same-sex marriage bill it had passed only if it made changes to grant stronger protections to religious institutions. According to yesterday's Concord Union Leader, the state Senate on Wednesday agreed to the governor's requested changes by a vote of 14-10. However later in the day, the state House of Representatives in a close vote (188-186) refused to adopt the Governor's changes, and by a larger vote (207-168) asked the Senate to negotiate a compromise.

Meanwhile, as gay marriage seems to be gaining momentum in state legislatures, Pew Forum yesterday published a Q&A with Professors Ira "Chip" Lupu and Robert W. Tuttle, titled: A Clash of Rights? Gay Marriage and the Free Exercise of Religion.