Rhode Island Legislature Passes Civil Unions Law With Broad Religious Exemptions

Yesterday, the Rhode Island state Senate passed, and sent to the Governor for his signature, HB 6103 which authorizes same-sex civil unions. The Rhode Island House passed the bill in May. Under the bill, parties to a civil union have the same rights and responsibilities as married couples.  The bill contains a broad religious exemption provision.

[N]o religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:
(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or
(2) To solemnize or certify any civil union; or
(3) To treat as valid any civil union;
if such providing, solemnizing, certifying, or treating as valid would cause such organizations or individuals to violate their sincerely held religious beliefs.

The New York Times reports on passage of the legislation. It quotes gay rights advocates who complain that the provision allowing religious organizations to refuse to treat civil unions as valid means that Catholic hospitals could deny visitation rights, and Catholic universities could deny family medical leave, to same sex partners.

Florida Atheist Sues Sheriff, Claiming Retaliation

Last year, Atheists of Florida made public records requests in a challenge to the decision by Polk County, Florida sheriff, Grady Judd, to remove basketball hoops, backboards and poles from the county jail and donate them to eight local churches. (See prior posting.) Now, according to Yahoo News, EllenBeth Wachs, legal coordinator for Florida Atheists, has filed a federal lawsuit against Judd charging that he unconstitutionally retaliated against her, arresting her on two trumped up charges, because of her objections to the pervasive Christian religiosity of Polk County.

The complaint (full text) in Wachs v. Judd, (MD FL, filed 6/24/2011), alleges that in March 20111, county law enforcement officials arrested Judd on unauthorized practice of law charges, and conducted a search of her home. In May, Wachs was arrested on charges of "simulation of a sexual act in the presence of a child."  The arrest was based on sounds a neighbor's son heard emanating from Wachs' window. The complaint alleges that these arrests were retaliatory and were designed to punish Wachs for her outspoken Atheist beliefs.  It contends that the sheriff's actions violated the free expression, equal protection, due process and Establishment clauses of the constitution. Wachs asks the court to enjoin Judd from instituting further investigations or arrests of her. [Thanks to Scott Mange for the lead.]

Issues Remain On Statute of Limitations In Priest Abuse Case

In Doe 76C v. Archdiocese of Minneapolis and St. Paul, (MN App., June 27, 2011), a Minnesota appellate court held that questions of fact remain on the issue of whether the statute of limitations had run on tort and fraud claims growing out of alleged childhood sexual abuse by a priest.  In reversing the trial court's grant of summary judgment to defendant, the court held that an expert's testimony on repressed memory should be admitted on the issue of when plaintiff had reason to believe he had been abused.  The court also held that plaintiff's becoming aware that the priest had been accused of abusing other children did not necessarily put him on notice that he had a cause of action for fraud.

Iran's Culture Minister Criticizes Upcoming BBC Series On Muhammad

The Guardian reported yesterday that Iran's ministor of culture and Islamic guidance, Mohammad Hosseini, is criticizing an upcoming BBC2 three-part series on The Life of Muhammad, even though no one in Iran has seen the shows.  Hosseini told the Iranian Fars news agency:

The BBC's decision to make a documentary on the life of [the] prophet Muhammad seems dubious and if our suspicions are proved to be correct, we will certainly take serious action. What the enemy is trying to do in ruining the Muslims' sanctity is definitely much more than causing us to react and unfortunately, some Islamic countries are not taking this issue seriously. One way to show objections is to express condemnation of the West over their despicable actions.

LDS Church Tells Full-Time Officers To Remain Politically Neutral

Provo, Utah's Daily Herald reports on a posting on the LDS Church's Newsroom indicating that a letter has been sent from the Church of Jesus Christ of Latter Day Saints' First Presidency to all full time officers of the church reminding them of the church's policy of neutrality in partisan politics.  The June 16 letter reads in part:

General Authorities and general officers of the Church and their spouses and other ecclesiastical leaders serving full-time should not personally participate in political campaigns, including promoting candidates, fundraising, speaking in behalf of or otherwise endorsing candidates, and making financial contributions.

Since they are not full-time officers of the Church, Area Seventies, stake presidents and bishops are free to contribute, serve on campaign committees and otherwise support candidates of their choice with the understanding they:

• Are acting solely as individual citizens in the democratic process and that they do not imply, or allow others to infer, that their actions or support in any way represent the church.

• Will not use Church stationery, Church-generated address lists or email systems or Church buildings for political promotional purposes.

• Will not engage in fundraising or other types of campaigning focused on fellow Church members under their ecclesiastical supervision.

Presumably the letter was prompted at least in part by the fact that two candidates for the Republican nomination for U.S. president-- Mitt Romney and Jon Huntsman-- are Mormons.

Lower House of Dutch Parliament Votes To Outlaw Kosher and Halal Slaughter

According to AP and Reuters, the House of Representatives of the Dutch Parliament yesterday passed, by a vote of 116-30, a bill that bans kosher and halal slaughter of animals.  The bill accomplishes this by eliminating a provision in current law that exempts ritual slaughter from the requirement that animals be stunned before they are killed. The bill still must be approved by the Dutch Senate, and this is unlikely before Parliament's summer recess.  Also enforcement of the law, if it finally passes, is complicated by an amendment added last week that allows religious groups to continue ritual slaughter if they can prove it is no more painful than stunning. No one seems to know how this would be shown. The bill was introduced by the small Animal Rights Party. Netherlands' Muslim and Jewish communities say the ban is an infringement of their religious freedom. According to AP: "Support for the ban came from the political left, which sees ritual slaughter as inhumane, and from the anti-immigration right, which sees it as foreign and barbaric. Only Christian parties were opposed, arguing the ban undermines the country's long tradition of religious tolerance." (See prior related posting.)

The European Jewish Congress-- the umbrella organization of Jews in Europe-- is considering taking legal action at the European Union level to challenge the bill before the Dutch Senate votes, according to Yeshiva World.

Vatican Launches New News Portal With Tweet From Pope

The Vatican yesterday launched a new website, www.news.va designed as a news portal to bring together news from the Vatican's various print, radio, television and online services. As reported by Time, the launch of the website was announced through Twitter in the first Tweet by the Pope himself.  The Tweet, also cross-posted on the Vatican's French Twitter feed, read: "Dear Friends, I just launched News.va Praised be our Lord Jesus Christ! With my prayers and blessings, Benedictus XVI." Actually, the Pope only pressed the "send" button on his iPad. He did not keystroke the entire Tweet.  A link to the Vatican news portal has been added to Religion Clause's sidebar.

Major Christian Groups Release Recommendations On Proselytizing In Multi-Religious World

The World Evangelical Alliance, World Council of Churches and the Vatican's Pontifical Council for Interreligious Dialogue yesterday released a 5-page document titled Christian Witness in a Multi-Religious World: Recommendations for Conduct.  The document is the result of consultations between the three groups extending over 5 years.  The groups say that together they represent 90% of the Christians in the world. Here are excerpts from the Principles set out in the document:

[P]roviding education, health care, relief services and acts of justice and advocacy are an integral part of witnessing to the gospel. The exploitation of situations of poverty and need has no place in Christian outreach. Christians should denounce and refrain from offering all forms of allurements, including financial incentives and rewards, in their acts of service....

As an integral part of their witness to the gospel, Christians exercise ministries of healing. They are called to exercise discernment ... ensuring that the vulnerability of people and their need for healing are not exploited.

... Christians are called to reject all forms of violence, even psychological or social, including the abuse of power in their witness. They also reject violence, unjust discrimination or repression by any religious or secular authority, including the violation or destruction of places of worship, sacred symbols or texts.

... Religious freedom including the right to publicly profess, practice, propagate and change one’s religion flows from the very dignity of the human person....  

... Christians are to speak sincerely and respectfully; they are to listen in order to learn about and understand others’ beliefs and practices, and are encouraged to acknowledge and appreciate what is true and good in them. Any comment or critical approach should be made in a spirit of mutual respect, making sure not to bear false witness concerning other religions.

... Christians are to acknowledge that changing one’s religion is a decisive step that must be accompanied by sufficient time for adequate reflection and preparation, through a process ensuring full personal freedom....

Religion News Service reports on the document.

Church-State Tensions In South Korea Explored

Reuters reports on the church-state tensions in South Korea ahead of next year's presidential elections.  President Lee Myung-Bak is a devout Protestant and an elder at  Seoul's Somang Church. However, many have been disturbed at his public display of religion, particularly a photo of him kneeling to pray at a national prayer breakfast last March. The main Buddhist Jogye Order called the President's action "unforgiveable."  Others are concerned with what is seen as undue Christian influence on government, reflected for example in the failure to pass legislation giving tax-neutral treatment to Sharia-compliant financial products (see prior posting) and reduction in funding for a program that hosts tourists at Buddhist temples.

Catholic, Orthodox Jewish Spokesmen React To New York's Marriage Equality Law

New York last week enacted legislation permitting same-sex marriage despite particularly strong opposition from some religious groups, including Catholic and Orthodox Jewish organizations.  (See prior posting).  Here are statements that those two groups have now issued in reaction to the new law:

Bishop Nicholas DiMarzio, Catholic Bishop of Brooklyn, said in a press release:

Today, Governor Andrew Cuomo and the state legislature have deconstructed the single most important institution in human history. Republicans and Democrats alike succumbed to powerful political elites and have passed legislation that will undermine our families and as a consequence, our society.....

In light of these disturbing developments and in protest for this decision, I have asked all Catholic schools to refuse any distinction or honors bestowed upon them this year by the governor or any member of the legislature who voted to support this legislation. Furthermore, I have asked all pastors and principals to not invite any state legislator to speak or be present at any parish or school celebration.

The above request is intended as a protest of the corrupt political process in New York State. More than half of all New Yorkers oppose this legislation. Yet, the governor and the state legislature have demonized people of faith, whether they be Muslims, Jews, or Christians, and identified them as bigots and prejudiced, and voted in favor of same-sex “marriage.” It is mystifying that this bill would be passed on the last day of an extended session under the cover of darkness.

However a statement signed by all the bishops of New York state was considerably milder in tone. It said in part:

The passage by the Legislature of a bill to alter radically and forever humanity’s historic understanding of marriage leaves us deeply disappointed and troubled.

We strongly uphold the Catholic Church’s clear teaching that we always treat our homosexual brothers and sisters with respect, dignity and love. But we just as strongly affirm that marriage is the joining of one man and one woman in a lifelong, loving union that is open to children, ordered for the good of those children and the spouses themselves.

The Union of Orthodox Jewish Congregations of America issued a statement saying:

Consistent with our tradition and Jewish religious principles, we oppose the redefinition of marriage and the state sanction of same sex marriages. We opposed this legislation and believe it is a mistake to enact it in New York. We do note however that the legislation, as enacted, includes robust protections of religious liberties for organizations including synagogues, schools and social service agencies. For that at least, we are grateful. Just as we, in a democratic, pluralistic society do not seek to impose our religious beliefs on others, same sex marriage, now the law in New York, must not infringe on anyone's religious liberties.

Abercrombie Sued By Muslim Former Employee and EEOC Over Wearing Hijab

According to AP, a religious discrimination lawsuit was filed in federal district court in San Francisco yesterday by a 20-year old Muslim woman who says she was fired as a stockroom worker by Abercrombie and Fitch after she insisted on wearing her hijab (Muslim head scarf).  Hani Khan says that when when she was first hired at the company's San Mateo store, the manager said she could wear the hijab so long as it was in company colors. However, four months later a district manager and human resource manager asked her to remove it while working. When she refused, she was suspended and then fired.  This is the latest in a number of similar lawsuits that have challenged Abercrombie and Fitch's "look policy" which critics say favors young, white, athletic looking people. The EEOC also announced yesterday that it has filed suit over Khan's treatment.

Supreme Court Denies Review in RLUIPA Zoning Case

The Supreme Court today denied certiorari in Miles Christi Religious Order v. Northville, MI, (Docket No. 10-1317, cert. denied 6/27/2011). (Order List.) In the case, the 6th Circuit Court of Appeals in a 2-1 decision held that First Amendment and RLUIPA challenges by a Catholic Religious Order to the zoning ordinances of Northville, Michigan should be dismissed for lack of ripeness. (See prior posting.)

New York's Electronic Sales Tax Filing Creates Problem For Amish

The Watertown (NY) Times reported yesterday on the problems encountered by the Swartzentruber Amish in New York state since the Department of Taxation and Finance has required that sales taxes be filed electronically rather than by mail.  These Amish furniture makers and shop keepers do not have computers.  They do not have social security cards or telephones either.  Some have received letters warning them of a $50 penalty for each return not filed electronically.  A spokesman for the tax department says that if someone calls them and tells them they do not have computer access, the department will allow the person to continue to file by mail.  However many of the Amish do not use phones. State Sen. Patricia Ritchie has intervened with the tax department on behalf of at least one member of the Amish community, and the department is allowing him to continue filing by mail. [Thanks to Steven H. Sholk for the lead.]

FBI Says Mennonites In Nicaragua Aiding Mother To Avoid Custody Change To Former Lesbian Partner

AP today reports on the international kidnapping investigation by the FBI that is looking for Lisa Miller and her daughter who fled the country after her former same-sex partner, Janet Jenkins, was awarded custody of of the girl.  In 2003, Miller broke up with Jenkins, renounced homosexuality and became a Baptist, and then a Mennonite.  Miller, the birth mother, was originally granted custody, but after she refused to comply with visitation schedules for Jenkins, courts in both Virginia and Vermont granted custody to Jenkins. But Miller had already fled to Central America.  In April, the FBI arrested a Nicaraguan missionary, Timo Miller, and charged him with abetting an international kidnapping by arranging a flight for Lisa Miller and her daughter from Canada to Nicaragua. More than $30,000 has been raised for a Timo Miller defense fund.  Apparently the Mennonite community in Nicaragua is helping hide Lisa Miller and her daughter.  At one point, it appears she stayed at a beach house in Nicaragua owned by the father of an administrative assistant at Jerry Falwell's Liberty University Law School. Liberty Counsel represented Miller in her Vermont court proceedings.  Pablo Yoder, a Mennonite pastor in Nicaragua, said:

[T]he Nicaraguan Brotherhood felt it right and good to help Lisa not only free herself from the so called civil marriage and lesbian lifestyle, but especially to protect her nine year old daughter from being abducted and handed over to an active lesbian and a whole-hearted activist.

Iraqi Kurdish Parliament Outlaws Female Genital Mutilation

Hudson New York reports that last week Iraqi Kurdistan's Parliament passed a law outlawing female genital mutilation. The move came after a survey by a German-Iraqi non-governmental organization, WADI, revealed that more than 60% of the women and girls in Iraqi Kurdistan have been subjected to genital mutilation. The practice is limited to Sunni Kurds, but appears to have little support in Islamic law.

Recent Articles of Interest

From SSRN:

• Richard Moon, The Supreme Court of Canada’s Attempt to Reconcile Freedom of Religion and Sexual Orientation Equality in the Public Schools, (Faith, Politics and Sexual Diversity, D. Rayside, C. Wilcox, eds., UBC Press, 2011).
• Richard Moon, Accommodation Without Compromise Comment on Alberta v. Hutterian Brethren of Wilson Colony, (Supreme Court Law Review, Vol. 51, pp. 95-130, 2010).
• Menachen Mautner, Three Approaches to Law and Culture, (Cornell Law Review, Vol. 96, p. 839, 2011).
• Brett Freudenberg and Dr. Mahmood Nathie, The Constitution and Islam: Are Tax Reforms Possible to Facilitate Islamic Finance?, (Revenue Law Journal, Vol. 20, No. 1, pp. 1-36, 2011).
• James Cleith Phillips, 'All of the Blood and Treasure': The Founders on Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez, (Mississippi College Law Review, Vol. 30, No. 1, 2011).
• Daniel McGirr, The Constitutionality and Policy Merits of Religiously Motivated Statutes, (April 19, 2011).
• Richard Moon, The Regulation of Hate Speech Under the Canadian Human Rights Act, (Canadian Diversity, Vol. 83, pp. 28-32, 2010).
• Bryan H. Wildenthal, A Personal Perspective on Marriage, Time, Space, Uncertainty, and the Law, (Michigan State Law Review, Vol. 2011).
• Rebecca Probert, 'From Fornicators to Family: Cohabitants and the Law, 1600-2010', (June 22, 2011).
• Aaron Schwabach, Of Charities and Clawbacks: The European Union Proposal on Successions and Wills as a Threat to Charitable Giving, (Columbia Journal of European Law, Vol. 17, 2011).

From SmartCILP:

• Jeroen Temperman, State Neutrality in Public School Education: An Analysis of the Interplay Between the Neutrality Principle, the Right to Adequate Education, Children's Right to Freedom of Religion or Belief, Parental Liberties, and the Position of Teachers, [Abstract], 32 Human Rights Quarterly 865-897 (2010).

Court Requires Organization That Claimed Religious Status To Comply With FTC Order

In United States v. Daniel Chapter One, (D DC, June 22, 2011), the federal district court for the District of Columbia granted a preliminary injunction enjoining an organization from continuing to market dietary supplements without complying with a cease and desist order issued by the Federal Trade Commission. The supplements were promoted as curing or preventing cancer and ameliorating the effects of radiation and chemotherapy.  Defendant had claimed that the FTC order violated its free exercise of religion because it is a religious corporation sole, and that the order violated the establishment clause because it was based on "scientism".  However the D.C. Circuit rejected that claim and the U.S. Supreme Court denied certiorari.

Recent Prisoner Free Exercise Cases

In Elfand v. Sonoma County Men's Adult Detention Facility, 2011 U.S. Dist. LEXIS 63787 (ND CA, June 13, 2011), a California federal district court dismissed, but granted a motion to file an amended complaint, in a suit in which a Jewish inmate claimed that he was required to wait for over a month before being placed on the prison's kosher meal plan.

In Jones v. Lorady, 2011 U.S. Dist. LEXIS 64672 (MD PA, June 17, 2011), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that he was transferred from a prison in Pennsylvania to one in Virginia which refused to honor his religious exemption that allowed him to wear a beard.

In Palmer v. Rustin, 2011 U.S. Dist. LEXIS 65678 (WD PA, June 21, 2011), a Pennsylvania federal district court dismissed with leave to amend a Muslim prisoners claim that his free exercise rights were violated when on two occasions he was denied the right to attend religious services, apparently because of identification issues.

In Dobbins v. Cummins, 2011 U.S. Dist. LEXIS 65425 (MD AL, June 20, 2011), an Alabma federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 65724, May 23, 2011) and dismissed an inmate's complaint that his rights were violated by prison policy that bars inmates assigned to the prison health care unit from attending church services. Prison authorities said the purpose of the ban was to protect the health of all inmates.

In Kohn v. Coleman, 2011 U.S. Dist. LEXIS 63960 (D SC, June 6, 2011), a South Carolina federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 66009, May 4, 2011) and dismissed an inmate's complaint that while his dorm was on cell restriction for two days, he was not allowed to attend religious services. Plaintiff had asked for $30,000 in damages.

In Muhammad v. Sisto, 2011 U.S. Dist. LEXIS 66445 (ED CA, June 21, 2011), an inmate sued claiming that prison officials prevented him from fasting for Ramadan.  A California federal magistrate judge recommended that plaintiff's in form pauperis status be revoked because he had filed nearly a dozen previous actions that had been dismissed as frivolous or for failure to state a claim. Under the recommendation, unless plaintiff pays the filing fee, the complaint in the current case will be dismissed.

In Porter v. Beard, 2011 U.S. Dist. LEXIS 66371 (WD PA, June 22, 2011), a Pennsylvania federal district court accepted a magistrate's recommendations (2011 U.S. Dist. LEXIS 66374, May 19, 2011) and permitted an inmate to move ahead with a claim that during a cell search a prison guard improperly handled his Native American Medicine Bag and threw its contents into a garbage bin.

In Frohwerk v. Armstrong, 2011 U.S. Dist. LEXIS 67504 (ND IN, June 20, 2011), an Indiana federal district court dismissed an inmate's complaint that on one occasion he was woken up by a correctional officer who told him: "Get up and go to church if you want to eat, because there ain't no lunch today! . . . Go get your cookies!" The court said that this type of isolated incident does not amount to a 1st Amendment violation.

Court Upholds Denial of Tax Exemption to Meditation Healing Center

In Self Realization Meditation Healing Centre v. Charter Township of Bath, (MI App., June 21, 2011), a Michigan appellate court agreed with the state's Tax Tribunal that a Self Realization Healing Centre is not entitled to either a charitable or a religious tax exemption. It concluded that the organization was not "organized chiefly for charity," finding that its organizational documents reflect "an all-encompassing purpose to help people with life in general."  It also concluded that the property failed to qualify for an exemption that was available for premises "used predominantly for religious services or for the teaching of religious truths and belief." The court said:

There are several purposes and statements in Self Realization’s documentation. These include meditation, stress relief, using energy in a beneficial way, enjoying quiet time, and walking through the woods. While Self Realization does engage in teaching of some beliefs, it is at least equally engaged in teaching practices (yoga and meditation).

Autopsy Without Consent Did Not Violate Free Exercise Protections

Thompson v. Robert Wood Johnson University Hospital, 2011 U.S. Dist. LEXIS 63980 (D NJ, June 15, 2011),  is a lawsuit against two doctors, a hospital, and state medical school (the doctors' employer) for their role that resulted in  an autopsy being performed on a 24-week severely deformed fetus without consent of the mother whose pregnancy was terminated, or her husband.  The parents were asked to participate in a research program on skeletal dysplasia, but agreed only to x-rays and not to the autopsy that was performed. Among the claims asserted, the mother contended that her free exercise rights were violated because the autopsy disrespected her Jewish religious beliefs and obstructed her ability to practice her religion.  A New Jersey federal district court held first that the doctors involved, though employed by a public entity, were not acting under color of state law. The court went on to say the even assuming the doctors were acting under color of law, there is no showing that their motivation was to infringe on plaintiff's religious sensibilities.  According to the court, the Supreme Court has made it clear that "the motivation behind a challenged government action is key to determining whether a constitutional violation has occurred."