Plagiarism Is A Problem In Christian Publishing World

RNS reports on the problem of plagiarism in the Christian publishing world as earlier this  month a settlement was reached in which best-selling Christian author Christine Caine was sued for lifting portions of author Cary Scott's 2015 book "Untangled" for use in two of her books. According to RNS:

Our clamoring after Christian “rock stars” — paired with the sheer volume of content those in the spotlight are expected to produce — has created the perfect environment for slipshod attribution and theft of content from lesser-known authors.

DOJ Investigates Clergy Sexual Abuse in PA, NY; New Civil Suit In Illinois

CNN reported yesterday that the U.S. Department of Justice has issued subpoenas to seven of the eight Catholic dioceses in Pennsylvania in the wake of a grand jury report on clergy sex abuse since 1947. (See prior posting).  Separately, the Justice Department reportedly subpoenaed documents relating to pornography, transporting victims across state lines and cell phone and social media use from the Buffalo diocese in late May.

Meanwhile AP reports that a civil suit was filed yesterday in Illinois federal district court against all six dioceses in Illinois and the Catholic Conference of Illinois charging a continued cover-up of clergy sexual abuse.   Specific instances of child sexual abuse are charged against three of the dioceses. The suit seeks damages as well as the public disclosure of all priests that have been accused of sexual molestation.

Four New Holiday Season Postage Stamps Issued

The U.S. Postal Service this month has issued four new stamps for the December holiday season: a Madonna and Child Christmas stamp; a classic Santa Claus Christmas stamp; a Hanukkah stamp (issued jointly with Israel Post); and a Kwanzaa stamp. JTA has more details on the joint Haukkah stamp.

Washington Archdiocese Posts List of Clergy Accused of Sexual Abuse of Minors Since 1948

Catholic News Service reports that the Archdiocese of Washington, DC this week posted on its website the  names of 28 former clergy who have been credibly accused of sexual abuse of minors since 1948. (Full list). The Archdiocese says that there have been no reported incidents in almost 20 years.  According to CNS:

The list was assembled as part of a comprehensive review of the archdiocese’s archives ordered in 2017 by Cardinal Donald W. Wuerl as Washington’s archbishop.

Cardinal Wuerl has recently resigned amid controversy over his handling of sex abuse cases in the 1980's and 1990's when he headed the Diocese of Pittsburgh. (See prior posting.)

Two Dioceses Sued Over Transfer of Known Sex Abuser Priest

Tampa Bay Times reported yesterday on a lawsuit filed against the Catholic Diocese of St. Petersburg (Florida) and the Long Island, New York Diocese of Rockville Centre. The suit was filed by Mark Cattell who says that as a 9-year old in 1981 he was sexually abused multiple times by a priest, Robert Huneke, after Huneke was transferred to Christ the King Church in Tampa from a church in Long Island where he had sexually abused a teenager over a number of years.

8th Circuit Oral Arguments In Wedding Videographers' Refusal To Serve Same-Sex Couples

The U.S. 8th Circuit Court of Appeals on Monday heard oral arguments (audio of full oral arguments) in Telescope Media Group v. Lindsey.  In the case,  a Minnesota federal district court rejected a challenge to a provision of the Minnesota Human Rights Act that requires plaintiffs, owners of a videography business that plans to offer wedding videos, to serve same-sex couples. (See prior posting.) Minneapolis Star Tribune reports on the 8th Circuit oral arguments.

Lawsuit Filed In Turkey Over Attempt To Give Independence To Ukrainian Orthodox Church

As reported yesterday by UrduPoint, in Turkey, the Patriarchate of Constantinople has taken steps to grant independent status to the Ukrainian Orthodox Church, purporting to remove it from the jurisdiction of the Moscow Patriarchate, and to remove the anathema from the leaders of two other separatist Orthodox churches in Ukraine.  The Kiev archdiocese was transferred to the Moscow Patriarchate in 1686.  In response, the Turkish Orthodox Church has filed a lawsuit contending that under the Lausanne Peace Treaty of 1923, the jurisdiction of the Patriarch of Constantinople is limited to religious services of the Greeks living in Turkey.  According to a follow-up article in UrduPoint, the Russian Orthodox Church charges that the move by Constantinople was engineered by the United States and other Western countries to create tension between Kiev and Moscow. In response to Constinople's action, the Russian Orthodox Church has cancelled its Eucharistic communion with the Constantinople Patriarchate.

Michigan Appeals Court OK's State Funding For Incidental Costs of Private Schools [UPDATED]

Detroit News and Michigan Radio report on a 2-1 decision yesterday by the Michigan Court of Appeals that allows the state to reimburse private and parochial schools for the cost of complying with state health and safety mandates that are incidental to teaching and providing educational services. At issue is whether a budget appropriation of $2.5 million to reimburse private schools for the cost of fire drills, health requirements and safety inspections violates the state constitution's ban on use of state funds for private schools. Michigan's Blaine Amendment, inserted in the state constitution in 1970, bars public funds for "any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school". (See prior related posting.)

Yesterday's majority opinion from Judges Murphy and Letica ruled:

The Legislature may allocate public funds to reimburse nonpublic schools for actual costs incurred in complying with state health, safety, and welfare laws. But only if the action or performance that must be undertaken in order to comply with a health, safety, or welfare mandate (1) is, at most, merely incidental to teaching and providing educational services to private school students (non-instructional in nature), (2) does not constitute a primary function or element necessary for a nonpublic school to exist, operate, and survive, and (3) does not involve or result in excessive religious entanglement.

Judge Gleicher dissenting wrote in part:

The public money directly and indirectly assists nonpublic schools in keeping their doors open and meeting their payroll, It is unconstitutional for that simple reason.

When the full text of the opinion becomes available online, this post will be updated with links to it.

UPDATE: Here is the majority opinion and the dissent in Council of Organizations and Others for Education About Parochiaid v. State of Michigan, (MI App., Oct. 16, 2018).

Reported Hate Crimes In England and Wales Show Increase

Britain's Home Office yesterday issued a report (full text) Hate Crime, England and Wales, 2017/18.  It reports that there were 94,098 hate crime offenses recorded by police. This is an increase of 17% over the previous year, but this is seen as largely caused by improvements in police reporting. The largest increase (40%) was hate crimes directed at a person because of religion.  Overall, 9% of the hate crimes were religion based, while 76% were racial.  52% of the hate crimes that targeted religion were aimed at Muslims. 12% were aimed at Jews; 5% at Christians. 21% were listed as religion based hate crimes with the targeted religion unknown. JTA reports on the data.

Pakistani Judges Receive Threats Over Upcoming Blasphemy Decision

According to DAWN, last week, a 3-judge panel of Pakistan's Supreme Court heard the appeal in Aasia Bibi's blasphemy case.  Bibi, a Christian, had been sentenced to death by lower courts. (See prior posting). After the hearing, the Supreme Court enjoined electronic and print media from discussing or commenting on the case until the Court's decision is handed down. Christian Post reported yesterday, however, that Supreme Court justices are receiving threats of death if they grant clemency to Bibi. The threats are coming from "hardline Muslim extremists affiliated with political parties like Tehreek-e-Labaik Pakistan."  TLPis threatening paralyzing nationwide sit-in protests if Bibi is freed. Leaders of Pakistan's Red Mosque movement have petitioned the court to place Bibi on a no-fly sit to prevent her from taking advantage of asylum in another country if she is freed.

Myanmar Military Incited Rohingya Genocide Through Fake Facebook Accounts

In an article posted yesterday, the New York Times reports that the genocide and ethnic cleansing directed at Rohingya Muslims in Myanmar was incited online by Myanmar military personnel:

Members of the Myanmar military were the prime operatives behind a systematic campaign on Facebook that stretched back half a decade and that targeted the country’s mostly Muslim Rohingya minority group..... The military exploited Facebook’s wide reach in Myanmar, where it is so broadly used that many of the country’s 18 million internet users confuse the Silicon Valley social media platform with the internet. Human rights groups blame the anti-Rohingya propaganda for inciting murders, rapes and the largest forced human migration in recent history.

While Facebook took down the official accounts of senior Myanmar military leaders in August, the breadth and details of the propaganda campaign — which was hidden behind fake names and sham accounts — went undetected. The campaign ... included hundreds of military personnel who created troll accounts and news and celebrity pages on Facebook and then flooded them with incendiary comments and posts timed for peak viewership.

Atlanta Agrees To $1.2M Settlement With Fired Fire Chief

A $1.2 million settlement has been reached in Cochran v. City of Atlanta, Georgia, the suit brought by a former Atlanta fire chief who was dismissed from his position over a book which he wrote.  The book, designed as a religious guide for men, called those who engage in extramarital or in homosexual sex "wicked" and "ungodly." A court found the city's pre-clearance rules for outside employment unconstitutional. (See prior posting.) The Atlanta Journal-Constitution reported that the settlement amount was approved by an 11-3 vote at Atlanta City Council meeting Monday.

Recent Prisoner Free Exercise Cases

In Hairston v. Emeaghara, 2018 U.S. Dist. LEXIS 167839 (SD OH, Sept. 28, 2018), an Ohio federal magistrate judge recommended dismissing an inmate's complaint that the chaplain refused to provide weekly church services for the segregation unit.

In Brakeall v. Stanwick-Klimek, 2018 U.S. Dist. LEXIS 167925 (D SD, Sept. 28, 2018), a South Dakota federal district court, in an opinion largely focused on other issues, allowed an inmate to move ahead with claims that he has been prevented from participating in Jewish holiday observances and that there is no kosher meal option.

In Baker v. Davis, 2018 U.S. Dist. LEXIS 167027 (ED TX, Sept. 28, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 167961, Aug. 20, 2018) and dismissed a Muslim inmate's various complaints relating to meals, prayer oil, study groups, religious services and grooming policies.

In Rivera v. Kernan, 2018 U.S. Dist. LEXIS 168309 (ND CA, Sept. 28, 2018), a California federal district court allowed an Odinist inmate that authorities refused or delayed approval for celebration or collection of funds for religious holidays.

In Rials v. Avalos, 2018 U.S. Dist. LEXIS 168323 (ND CA, Sept. 28, 2018), a California federal district court dismissed, in part on qualified immunity grounds, a complaint by a Moorish Science Temple of America adherent that he is not allowed to carry a picture of the Holy Prophet Noble Drew Ali outside of his cell.

In Sterling v. Sellers, 2018 U.S. Dist. LEXIS 168555 (MD GA, Sept. 29, 2018), a Georgia federal district court dismissed a Muslim inmate's complaint that congregational prayers were not permitted in the prison day room, but allowed plaintiff to move ahead with his complaint that he was not permitted to participate in the Eid feast.

In Jefferson v. Wall, 2018 U.S. Dist. LEXIS 168662 (D RI, Sept. 28, 2018), a Rhode Island federal district court dismissed, on res judicata grounds, a Muslim inmates complaint that he was not permitted to wear his kufi during Ramadan Iftar meals.

In Barnes v. Fedele, 2018 U.S. Dist. LEXIS 170218 (WD NY, Oct. 2, 2018), a New York federal district court dismissed on qualified immunity grounds a suit by an inmate who registered his religion as Jewish who complained that he was not permitted to wear a Tsalot-Kob under a policy which, at that time approved this as religious head wear only for Rastafarians.

In Mitchell v. Davey, 2018 U.S. Dist. LEXIS 170317 (ED CA, Oct. 2, 2018), a California federal magistrate judge recommended allowing a Muslim inmate to move ahead against certain defendants on his complaint that for parts of 2015, including Ramadan, he could not obtain meals consistent with his religious beliefs, and that meals meeting Muslim standards are not available.

Certiorari Denied In Suit Against Palestinian Authority for Shooting of Jewish Worshipers In West Bank

The U.S. Supreme Court today denied review in Livnat v. Palestinian Authority, (Docket No. 17-508, certiorari denied 10/15/2018). (Order List). In the case the D.C. Circuit Court of Appeals held (full text of decision) that the the 5th Amendment's due process clause precludes U.S. courts from asserting jurisdiction in a suit by the families of Jewish worshipers who were shot in the West Bank territories of Israel by Palestinian Authority armed guards at the holy site of Joseph’s Tomb.

Recent Articles and Book of Interest

From SSRN:

• Pryor, C. Scott, Revisiting Unconscionability: Reciprocity and Justice, (September 14, 2018).
• Cyra Akila Choudhury, Property Lawfare: Historical Racism and Present Islamophobia in Anti-Mosque Activism, (Florida International University Legal Studies Research Paper No. 18-15 (2018).
• Manoj Mate, Constitutional Erosion and the Challenge to Secular Democracy in India, (Constitutional Democracy in Crisis? (Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).
• Marie T. Reilly, Catholic Dioceses in Bankruptcy, (Penn State Law Research Paper No. 10-2018 (2018).
• Josh Blackman, The Travel Bans, (Cato Supreme Court Review 29 (2018)).
• Martha F. Davis & Risa Kaufman, Truth is Truth: U.S. Abortion Law in the Global Context, (American Constitution Society Issue Brief, August 2018).
• Clarke Forsythe, A Draft Opinion Overruling Roe v. Wade, (Georgetown Journal of Law & Public Policy, Vol. 16, No. 445, 2018).

From SmartCILP:

• Symposium on Nelson Tebbe's Religious Freedom in an Egalitarian Age,  Contributions by Nelson Tebbe, Chad Flanders, Laura S. Underkuffler, Carlos A. Ball. 31 Journal of Civil Rights & Economic Development 131-245 (2018).

New Book:

• Rex Ahdar (ed.), Research Handbook on Law and Religion, (Edward Elgar Publishing, Sept. 2018).

China Is Engaged In Mass Detention of Muslims

A New York Times story posted Saturday reports that the Chinese government is engaged in mass detention of Muslims:

In a campaign that has drawn condemnation around the world, hundreds of thousands of Uighurs and other Muslim minorities have been held in “transformation” camps across Xinjiang for weeks, months or years at a time, according to former inmates and their relatives.

Beijing says the facilities provide job training and legal education for Uighurs and has denied carrying out mass detentions.

But speeches, reports and other documents online offer a clearer account than previously reported of how China’s top leaders set in motion and escalated the indoctrination campaign, which aims to eradicate all but the mildest expressions of Islamic faith and any yearning for an independent Uighur homeland.

HHS Grants to Catholic Bishops Conference Upheld

In ACLU of Northern California v. Azar, (ND CA, Oct. 11, 2018), a California federal district court granted summary judgment to the government in the ACLU's Establishment Clause challenge to HHS's choice of the U.S. Conference of Catholic Bishops as a grantee under the Unaccompanied Alien Children Program  (UACP) and the Trafficking Victim Assistance Program (TVAP).  The ACLU focused particularly on the refusal of sub-grantees to directly refer clients for abortion or contraception services. However children in custody in UACP who sought an abortion were transferred to a secular provider that did not have objections, and to an independent medical provider when contraception services were sought. The Bishops' Conference ultimately removed language from its documents that would have prevented TVAP sub-grantees from providing abortion or contraception services. The court held in part:

The government’s grant relationship and interactions with the Bishops Conference in the record in this litigation are not sufficiently likely to be perceived as an endorsement of the Conference’s religious beliefs....

The record here shows that the government’s UACP and TVAP grant money was used to provide general secular care services to unaccompanied minors and that no government money was used for proselytization, religious education, religious facilities, religious items, religious literature, or other religious activity. There is no evidence that the ACLU, or any taxpayer, was forced to monetarily subsidize the Bishops Conference’s religious beliefs. To the extent that the Conference declined to provide unaccompanied minors with access to abortion or contraception services, it did not use any government tax money to do so, and thus its actions are not properly the subject of a taxpayer-standing suit.

Pope Francis Accepts Archbishop Wuerl's Resignation

Crux reports that on Friday Pope Francis accepted the resignation of Cardinal Donald Wuerl as Archbishop of Washington after controversy over Wuerl's handling of sex abuse cases in the 1980's and 1990's when he headed the Pittsburgh Diocese.  In a letter from the Pope (full text) accepting Wuerl's resignation, Pope Francis asked him to stay on as Apostolic Administrator until his successor is appointed.  In the letter to Wuerl, the Pope said in part:

You have sufficient elements to “justify” your actions and distinguish between what it means to cover up crimes or not to deal with problems, and to commit some mistakes. However, your nobility has led you not to choose this way of defense. Of this, I am proud and thank you.

In this way, you make clear the intent to put God’s Project first, before any kind of personal project, including what could be considered as good for the Church. Your renunciation is a sign of your availability and docility to the Spirit who continues to act in his Church.

Turkey Releases American Pastor

The Washington Post reported yesterday:

American pastor Andrew Brunson flew out of Turkey late Friday after a Turkish court convicted him of aiding terrorism but sentenced him only to time served. His release came one day after U.S. officials said a deal had been reached with Turkey’s government to secure his freedom....

The case of the evangelical Christian preacher caught up in Turkey’s post-coup security sweep had garnered attention at the highest levels of the U.S. government and become a sore point in the two countries’ relationship.

The White House, through the Press Secretary, issued a press release welcoming Pastor Brunson's release. (See prior related posting.)

Norway's Supreme Court Upholds Doctor's Conscience Rights

According to Irish Legal News, in a decision published last Thursday, Norway's Supreme Court held that the European Convention on Human Rights requires health authorities to respect a doctor's conscientious objection to performing certain medical procedures.  Dr. Katarzyna Jachimowicz had been fired from her position in a medical clinic after she refused an order to insert an IUD in a patient. She claims that the IUD may act as an abortifacient, and her Christian faith opposes abortion.