Ministerial Exception Applied To Dismiss Prof's Racial Discrimination Claims

In Adams v. Indiana Wesleyan University, 2010 U.S. Dist. LEXIS 71403 (ND Ind., July 15, 2010), an Indiana federal district court applied the ministerial exception to dismiss a Title VII racial discrimination claim filed against a religiously-sponsored university by a former faculty member. Janice B. Adams, an African-American, was employed by Indiana Wesleyan University for 17 years as a Professor and Chair of the Social Work Department. The University describes itself on its website as "an evangelical Christian comprehensive university that is committed to liberal arts and professional education." Adams, who often clashed with her supervisor, claims she was subjected to severe and pervasive racial discrimination that led to her resignation. In dismissing her claim, the court said:

[W]hile Adams may very well have been free to present and discuss secular topics and issues in her classroom, it is also true that she was charged with incorporating the doctrine of the Wesleyan Church into her curriculum.... The fact that she claims she was forced to resign as a result of pervasive racial harassment as opposed to any sort of doctrinal or theological dispute does not take this case outside the parameters of the ministerial exception.

Scholar's Report Outlines To Canadian Court The Harms of Polygamy

As previously reported, in the Canadian provice of British Columbia the attorney general is asking the B.C. Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms. Today's Vancouver Sun reports that a 45-page research paper by Canadian scholar Joseph Henrich has been filed with the court. The report concludes that polygamy increases crime, prostitution and anti-social behavior, increases inequality between men and women, results in less parental investment in children and in a general driving down of the age of marriage for all women.

Sikh Temple Must Be Removed For Violation of Restrictive Covenant

In Bollier v. Austin Gurdwara Sahib, Inc., (TX App., July 9, 2010), a Texas appellate court held that building of a Sikh Temple violated a subdivision's restrictive covenant that limited land use to single family dwellings. The Temple originally operated from a mobile home, but a new $150,000 building was constructed after the trial court rejected a challenge to it. The Court of Appeals reversed the trial court and remanded ordering entry of a permanent injunction barring construction of and ordering removal of the newly constructed Temple. Punjab Newsline Network today reports on the decision, saying that Sikhs are "shocked and outraged" at the order requiring the only Sikh temple in Austin, Texas be torn down.

India Party Leader To Appear On Charges of Depicting Herself As Goddess Durga

The Times of India today reports that a court in the city of Muzaffarpur has ordered India National Congress Party leader Sonia Gandhi to appear on charges that she hurt religious sentiments by depicting herself as the goddess Durga on a party poster in 2007. Two other Party officials have also been ordered to appear in court the same day. A similar complaint has already been dismissed by another court in 2008.

Bus Driver Sues After Being Fired For Refusing To Take Women To Planned Parenthood

Yesterday's Austin American-Statesman reports that a former bus driver has filed suit in federal court in Austin, Texas against the Capital Area Rural Transportation System claiming religious discrimination in employment. The bus system provides pickup on request for residents in rural areas. Driver Edwin Graning, who is also an ordained Christian minister, was fired after he refused to transport two women to a Planned Parenthood clinic because he thought he might be taking them to have an abortion. Graning claims CARTS had an obligation to accommodate his religious beliefs opposing abortion.

Group Calls For Painting To Be Removed From Show At Sacramento Law Library

The Sacramento (CA) Public Law Library is hosting an art show sponsored by California Lawyers for the Arts. According to today's Sacramento Bee, the 63-piece display, titled "A Creative Merger II: Justice and Peace," has generated complaints from the Pacific Justice Institute which says that a multi-media piece, "Moral Values", is anti-Christian. It shows a Bible with a label across the cover reading "Warning! May Impair Judgment." PJI is calling for removal of the painting, saying: "The purpose of the message is to directly attack and demean the foundation of the Christian faith. If this had been another faith, there would be outrage." The same artist also has two other entries in the show-- about the Middle East and Bosnia-- that are admittedly anti-religious.

DC Appellate Court Upholds Refusal To Allow Initiative On Defining Marriage

In Jackson v. District of Columbia Board of Elections and Ethics, (DC Ct. App., July 15, 2010), D.C.'s highest appellate court [corrected], in a 5-4 decision, upheld the Board of Elections and Ethics refusal to accept a petition seeking an initiative vote on a proposed amendment to D.C. statutes to bar the recognition of same sex marriages. The majority concluded:

The Council acted within its authority under the CAA [Charter Amendment Act] and the Home Rule Act in enacting the Human Rights safeguard of the IPA [Initiative Procedures Act] and in directing the Board not to accept initiatives that contravene that safeguard. Because appellants' proposed initiative would authorize, or have the effect of authorizing, discrimination on a basis prohibited by the Human Rights Act, it was not a proper subject of initiative. Therefore, the Board acted lawfully in refusing to accept the initiative on that basis.

A dissenting of 4 judges opinion argued that D.C City Council exceeded its authority when it imposed the "Human Rights Act limitation" on the right of initiative. [See prior related posting.]

Vatican Issues New Document on "Grave Delicts"

AP reports that the Vatican yesterday issued a new set of guidelines on handling of clergy sexual abuse claims and other "grave delicts." The document (full text) mostly codifies present practice. It extends the statute of limitations to 20 years, and provides for a possible extension beyond that on a case by case basis. It includes child pornography as well as sexual abuse as a grave crime. Critics were unhappy with the new document because it does not address the obligation of bishops to report abuse to civil authorities, does not provide for punishment of those who cover up abuse, and does not include a "one strike and you are out" policy. The document also classifies the ordination of women as a grave crime, subject to the same procedures as sex abuse claims, and also covers canonical crimes such as desecrating the Eucharist, violating the seal of the confessional, apostasy, heresy and schism.

10th Circuit: Ministerial Exception Covers Hostile Work Environment and Equal Pay Act Claims

In Skrzypczak v. Roman Catholic Diocese of Tulsa, (10th Cir., July 13, 2010), the 10th Circuit applied the "ministerial exception" to dismiss gender and age discrimination claims brought by the director of the Department of Religious Formation of the Tulsa Diocese. The court held that the ministerial exception doctrine applies to hostile work environment claims against a church brought under Title VII as well as to Equal Pay Act claims. [Thanks to Steven H. Sholk for the lead.]

Texas Survey Shows Dissatisfaction With State School Board Curriculum Battles

Texas Freedom Network on Tuesday released the results of a state-wide survey conducted in May that showed most Texans want an end to the divisive curriculum battles that have been a part of the operations of the Texas State Board of Education. (See prior posting.) 72% of likely voters want teachers and scholars, not politicians, to be responsible for writing curriculum standards. 68% of those surveyed say that separation of church and state is a key constitutional principle, but 49% want religion to have more influence in public schools. 55% oppose publicly funded vouchers that permit students to attend private religious schools. Wall of Separation also reports on the survey.

Court Rejects Religious Challenge To Social Security Numbers

In Hill v. Promise Hospital of Phoenix, Inc., 2010 U.S. Dist. LEXIS 68884 (D AZ, July 7, 2010), an Arizona federal district court rejected plaintiff's complaints about federal laws that require him to provide a potential employer with a social security number. He says that defendant hospital refused to hire him because he would not comply with that requirement. Plaintiff claims that a social security number is an asset of a state-sponsored religion in violation of the Establishment Clause, and that a social security number is the "mark of the beast," the forced use of which violates his right to privacy. In the lawsuit, plaintiff sought to enjoin the federal government from enforcing the laws that require use of a social security number. The court dismissed those claims on sovereign immunity grounds. Insofar as they were based on a religious discrimination claim under Title VII of the 1964 Civil Rights Act, the court found that the federal government's actions did not interfere with plaintiff's employment opportunities. Also plaintiff failed to sue within 90 days after receiving a right to sue letter from the EEOC. Additionally the court concluded that granting relief would involve the interfering with the collection of taxes in violation of the federal Anti-Injunction Act.

Church Leader's Conviction For Simulating Legal Process Is Upheld

In Runningwolf v. State of Texas, (TX App., July 12, 2010), a Texas state appellate court upheld the conviction of Michael Runningwolf for "simulating legal process." Runningwolf, who headed a local church, delivered a document styled "Non-Statutory Abatement" to Helen Coleman who had been awarded custody of three children, one of whom was her grandchild and another of whom was a great nephew. Other relatives, who belonged to Runningwolf's church, disliked the fact that Coleman had custody. The 10-page long Abatement was an attempt to undermine the state's custody order and convince those receiving it to submit the issue of custody to an ecclesiastical court in Texas. The court held that the evidence supported the conviction. The court also rejected the argument that the court lacked jurisdiction because the case involved internal church affairs. The court dismissed that claim because the person receiving the Abatement was not a member of Runningwolf's church.

Spainish Archbishop Says New Abortion Law Should Be Defied

In Spain, Catholic Archbishop Francisco Gil Hellin of Burgos has called for civil disobedience to defy the country's new abortion law that took effect this month. According to CNA yesterday, Hellin said in a letter:

Let’s be clear: this law is not a law, although it is presented as such by some politicians and lawmakers. It is no law because nobody has the right to take the life of an innocent human being. For this reason it is not obligatory. Moreover, it demands direct opposition without distinction.

The new law allows abortion without restriction in the first 14 weeks of pregnancy, and allows 16 and 17 year olds to obtain an abortion without parental consent, though it requires parental notification. Suit has been filed in Spain's Constitutional Court to challenge the 14-week provision. (Yahoo! Health).

Justice Department Sues To Enjoin Fraudulent Church Tax Scheme

The U.S. Department of Justice announced yesterday that it has filed suit to enjoin a Utah man from continuing to operate a church-based tax fraud scheme. The civil complaint (full text) in United States v. Hartshorn, (D UT, filed 7/12/2010) was filed against Kevin Hartshorn, head of the Church of Compassionate Service. It alleges that Hartshorn tells its members that they can avoid federal income tax by becoming "ministers" of the church and taking a supposed vow of poverty. They transfer their property to the Church, but in fact the "ministers" maintain access to their funds. AP reports on the case.

Israeli Police Arrest, Release, Women's Rights Leader For Allegedly Reading Torah At Western Wall

Monday's Jerusalem Post reported that Israeli police released Anat Hoffman, the head of the Women of the Wall prayer group, after she was taken into custody on charges of violating a High Court ruling barring women from reading the Torah at the Western Wall in Jerusalem. Women of the Wall organizes women's prayer groups at the Wall each month on Rosh Hodesh (the beginning of the new month). Hoffman's supporters say she was not reading from the Torah, but only holding it-- which is permitted under the High Court ruling-- when Kotel Police tried to take the Torah from her. A statement by the Masorti (Conservative) Movement criticized the strictly Orthodox haredim for turning the Western Wall from a national monument into "a synagogue that is managed according to fundamentalist views." Under Orthodox views, only men may read from the Torah at worship services. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

French National Assembly Votes To Ban Burqa Anywhere In Public

The lower house of France's parliament, the National Assembly, yesterday passed a bill to outlaw the wearing of garments such as the niqab and burqa anywhere in public. BBC News reports that the ban on the full-face Islamic veil passed by a vote of 335-1 with with 221 members not voting. Many members of the opposition Socialist Party, who wanted the ban limited to public buildings, abstained rather than voting no under pressure from supporters of the bill. The Senate must also approve the bill before it becomes law. A vote is expected in September. Under the bill, women who wear a full-face veil will be fined up to 150 Euros ($188), while men who force their wives to wear a burqa face a fine of 30,000 Euros ($37,700) and one year in jail. Only around 2000 women in France wear the burqa, though many French Muslims oppose the new law. The Council of State says the new law may be unconstitutional. Meanwhile a French businessman, Rachid Nekkaz, who thinks the law is unconstitutional says he will set up a fund of 1 million Euros to help women who violate the law pay their fines.

Appeal To 9th Circuit Filed In Challenge To Religion At Community College

An appeal was filed with the 9th Circuit yesterday in Westphal v. Wagner, a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. (See prior posting.) In May, a federal district court denied a preliminary injunction against invocations at this year's graduation ceremonies. (See prior posting.) Plainitiffs' brief (full text) before the 9th Circuit argues that the district court incorrectly denied an injunction. Opposing Views reports on the appeal.

Prayer Over Co-Worker's Cubicle May Need To Be Accommodated Under Title VII

In Shatkin v. University of Texas at Arlington, 2010 U.S. Dist. LEXIS 68500 (ND TX, July 9, 2010), a Texas federal district court refused to dismiss a suit by two former development office employees at the University of Texas who were fired for praying over a fellow-employee's cubicle, and rubbing olive oil on the employee's metal doorway, in an after work-hours ceremony. The employees brought suit under Title VII of the 1964 Civil Rights Act alleging that the University failed to accommodate their need to pray over the cubicle. The two requested an accommodation as soon as they learned that their activities violated the University's property and anti-harassment policies. The court held that the employees did not need to inform the University of their need for an accommodation before they engaged in the prayer ceremony. (See prior related posting.)

Obama Statement Read At Srebrenica Genocide Commemoration

Last Sunday, the White House released a statement from President Obama (full text) marking the 15th anniversary of the genocide of 8000 Bosnian Muslim men and boys by Seb troops at Srebrenica. The President called the genocide "a stain on our collective conscience." CNN reports that a U.S. delegation read the President's statement at ceremonies in Bosnia-Herzegovina marking the anniversary. The ceremony included the burial of 775 more recently-identified genocide victims at the Centre Potocari, the official Srebrenica Genocide Memorial.

Suit Challenges Christian Prayer At Florida City Council Meetings

According to the Lakeland (FL) Ledger, Atheists of Florida yesterday filed a federal lawsuit against the city of Lakeland, challenging its practice of opening City Commission meetings with prayer. The complaint (full text) in Atheists of Florida, Inc. v. City of Lakeland, Florida, (MD FL, filed 7/12/2010), alleges that the city specifically seeks out Christian (almost exclusively Protestant) clergy to offer invocations during city commission meetings, with the purpose and effect of endorsing religion and creating excessive entanglement with religion. It seeks a declaratory judgment and injunction claiming that the practice violates the Establishment Clause of the federal and state constitutions, denies Equal Protection to non-believers and non-Christians, and compels those in attendance to express either agreement or opposition to government sponsored prayer by standing, bowing one's head or remaining seated.