Israel Obtains Extradition of Recalcitrant Husband From U.S. Using Other Charges As Pretext

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AppId is over the quota
YNet News reports that last Friday the United States extradited to Israel a man sought primarily by an Israeli Rabbinical Court for refusing to grant his wife a get (Jewish divorce document).  The U.S.-Israel Extradition Treaty only permits extradition where the offense is a crime under the laws of both countries.  So formally the extradition was on the basis of charges of sex offenses and pedophillia. During the divorce proceedings, the wife's sister testified that the husband had sexually abused his minor son and had abused her when she was a minor.  Usually Israel's Justice Ministry does not request extradition until it has investigated allegations, but here it agreed to act sooner because of the husband's denial of a get.  Rabbi Eliyahu Maimon, head of the Rabbinical Courts' Agunot Department, says that Israel's Justice Ministry Department for International Agreements will use this case as precedent in the future to seek extradition using suspicion of other crimes to obtain return of men who have fled abroad after refusing to grant their spouse a get. [Thanks to Jack Levey for the lead.]

Notre Dame Complies With Affordable Care Act Contraceptive Mandate Accommodation

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AppId is over the quota
In the flurry of decisions this week in suits by religious non-profits seeking protection from the Affordable Care Act contraceptive coverage accommodation, one institution that failed to obtain injunctive relief was Notre Dame University. (See prior posting.) According to WNDU, on Tuesday the University issued a statement saying:

Having been denied a stay, Notre Dame is advising employees that pursuant to the Affordable Care Act, our third party administrator is required to notify plan participants of coverage provided under its contraceptives payment program.

As part of an ongoing legal action, however, the program may be terminated once the university's lawsuit on religious liberty grounds against the HHS mandate has worked its way through the courts.

Meanwhile, at Balkinization blog, Marty Lederman has an excellent backgrounder on the non-profit contraceptive mandate cases, as well as this backgrounder on whether or not the broader mandate really involves a requirement to cover "abortifacients."

Losing NYC Political Candidate Sues Winner Over Mural Allegedly Intended To Act As A Curse

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AppId is over the quota
In an unusual lawsuit filed Thursday, Gwen Goodwin, a losing candidate in the September 10 Democratic primary for New York City Council, is seeking $1 million in damages from her successful rival, Melissa Mark-Viverito, and from the landlord of the apartment building in which Goodwin lives. The suit stems from a 5-story tall mural described (and pictured) by today's New York Post as a "bodiless rooster atop wooden poles" which was placed on the apartment building wall and extends to the window of Goodwin's 5th floor apartment. The mural would have been seen by those in the neighborhood from a Caribbean culture as a black magic curse or death threat. The mural, unveiled in a Sept. 1 ceremony, was part of Los Muros Hablan (“The Walls Speak”), a project headed by Mark-Viverito to celebrate Latino culture through murals. The complaint (full text) in Goodwin v. Mark-Viverito, (NY County Sup. Ct., filed 1/2/2014), claims that the mural was deliberately planned by Mark-Viverito and Goodwin's landlord to inflict emotional distress on Goodwin. (Goodwin, who lives in a rent-stabilized apartment, has been sued a number of times by her landlord.) She claims that the mural distracted her and caused her to lose energy which disrupted her performance in the primary.

Egyptian President Visits Coptic Pope To Extend Greetings For Orthodox Christmas, Celebrated Today

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AppId is over the quota
Today, Orthodox Christians, including the Coptic Christian community in Egypt, celebrate Christmas. (As explained by Al Ahram, the difference in dates from Western Christianity results from continued use of the Julian calendar by Orthodox Christians.) According to Catholic News Service, on Sunday Egypt's interim President Adly Mansour visited Coptic Pope Tawadros II at the papal seat in St. Mark's Coptic Orthodox Cathedral in Cairo to personally extend Christmas greetings and appreciation to the Coptic community which has continued to suffer attacks since the military takeover of the government. This is the first visit of an Egyptian president to the Cathedral in over 40 years.

Supreme Court Grants Stay Blocking Further Same-Sex Marriages In Utah While Appeal Is Pending

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AppId is over the quota
The U.S. Supreme Court this morning issued a stay (full text)  pending completion of a pending expedited appeal to the 10th Circuit in Herbert v. Kitchen, (Docket No. 13A687). In the case, a Utah federal district court issued an injunction allowing same-sex marriages in Utah. (See prior posting.) The application for a stay was initially made to Justice Sotomayor (see prior posting) who referred it to the full court. SCOTUSblog has more on the Supreme Court's action.

Satanic Temple Releases Proposed Design For Oklahoma Capitol Monument

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AppId is over the quota
The New York-based Satanic Temple has released its proposed design for a monument it wishes to erect on the Oklahoma State House grounds to complement the Ten Commandments monument placed there in 2012.  According to Monday's National Journal:

The proposed monument features a 7-foot-tall Baphomet, a goat-headed creature which is sometimes used as a stand-in for Satan. The demon's lap, flanked by a smiling child on each side, will double as a seat for visitors.

The Temple has exceeded its $20,000 goal to pay for the statue, raising more than that on the crowd funding site Indiegogo. The Oklahoma Capitol Preservation Commission has placed all applications on hold while a challenge to the Ten Commandments monument by the ACLU works its way through the courts. (See prior posting.)

Texas District Court Grants Permanent Injunction In "Church Plan" Challenge To Contraceptive Mandate Compromise

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AppId is over the quota
In Catholic Diocese of Beaumont v. Sebelius, (ED TX, Jan. 2, 2014), a Texas federal district court issued a permanent injunction barring enforcement of the Affordable Care Act contraceptive coverage mandate compromise against the Catholic Diocese of Beaumont and Catholic Charities of Southeast Texas.  The court rejected the government's argument that no substantial burden is present here because of the special exemption of "church plans" from ERISA, on which enforcement against third-party administrators is based. The court said in part:

Requiring the head of a religious organization to sign a putatively correct statement of religious belief, which the Government has defined to authorize a third party to take an action that is contrary to those religious beliefs, imposes a substantial burden on the free exercise of religion. That conclusion is not changed by the Government’s argument that, at present, it does not have the power to compel the third party to act.

Commentary: Little Sisters of the Poor Case Generating Heated Political Debate

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AppId is over the quota
The New Year's Eve temporary injunction issued by Justice Sonia Sotomayor to prevent immediate enforcement of the ACA contraceptive coverage mandate compromise against the Little Sisters of the Poor has quickly generated extensive debate.  At one level, the case itself turns on the kind of legal technicalities that usually cause the non-lawyer's eyes to glaze over--the exact wording of the fine print on a government form; the difference between self-insured health plans administered by third party administrators and group health insurance plans offered to employees through insurance companies; and the exemption under ERISA for group health plans that qualify as "church plans."  Yet despite this, the case is becoming the symbol for a much broader, and to some extent uglier, political debate.  Here are two essays from the blogosphere that illustrate the political dimensions that this free exercise issue has taken on:

From American Thinker yesterday, Lloyd Marcus posts an essay titled Will King Obama Throw Nuns into the Lion's Den?, saying in part:

We are witnessing a modern-day version of King Darius ordering that Daniel be thrown into the lion's den for refusing to deny his faith. Displaying deceit characteristic of our Liar-in-Chief, Obama's DOJ have offered the Little Sisters a serpent disguised as an olive branch.

From All Voices yesterday, John Thomas Didymus writes in a post titled Does filling out a contraception mandate exemption form violate Catholic religious rights?:

When properly understood, the Little Sisters’ argument is cynical hairsplitting with the intention of picking a fight with and prolonging confrontation with a government they have identified as an ideological foe.... The confrontational attitude of the Little Sisters illustrates the dog-in-the-manger attitude common to religious ideologues through which they exercise socially disruptive influence. The religious dog-in-the-manger attitude can be summarized as: "If our religion says we can't have it, and then no one should have it".... An extreme form of this pattern of socially disruptive religious chauvinism is expressed by Nigeria's Boko Haram.

Of course, much of the debate is calmer than these examples, but in the highly charged atmosphere surrounding all aspects of the Affordable Care Act, louder voices tend to drown out other more nuanced analyses.

Two House Members Object To VA Hospital Christmas Celebration Policies

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AppId is over the quota
The Marine Times reported yesterday that two members of Congress have written VA Secretary Eric Shinseki about incidents at three VA hospitals involving Christmas celebration policy. At a Texas VA hospital, a group of schoolchildren were not allowed to deliver handwritten cards with greetings such as "Merry Christmas" and "God Bless You."  VA officials say this involved a miscommunication, and that Christmas cards are permitted for patients who celebrate Christmas.  At an Alabama hospital, goodie bags with Christmas cards were allowed only to the extent they met the hospital's requirement that only secular gifts can be distributed broadly to veterans.  Finally, at a Georgia hospital, carolers were allowed to sing at public performances only from an approved list of songs.  Officials said that more private space was available for carolers to sing more religious songs for veterans who choose to attend. Alabama Rep. Martha Roby, one of those complaining wrote in part that she was concerned about "the culture of bureaucracy at the VA [that] would encourage facility administrators to err on the side of suppressing religious expression and discouraging acts of kindness toward veterans." Rep. Jeff Miller, House Veterans' Affairs Committee chairman,  wrote to Shinseki arguing that since Christmas is a federal holiday, VA may be violating veterans' rights by barring them from celebrating it.

Recent Prisoner Free Exercise Cases

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AppId is over the quota
In Merrick v. Inmate Legal Services, 2013 U.S. Dist. LEXIS 181120 (D AZ, Dec. 30, 2013), an Arizona federal district court dismissed an inmate's complaint that he was denied unmonitored and unrecorded clergy calls with a specific pastor he preferred.

In Morton v. Eastern Regional Jail, 2013 U.S. Dist. LEXIS 181186 (ND WV, Dec. 30, 2013), a West Virginia federal district court adopted in part a magistrate's recommendations (2013 U.S. Dist. LEXIS 181185, June 14, 2013) and dismissed a Muslim inmate's claims against the named defendants that the jail violated his rights by failing to provide Islamic worship services, religious study classes, prayer materials, or staff.

In Goodwin v. Palmer, 2013 U.S. Dist. LEXIS 181529 (N.D. Iowa Dec. 31, 2013), an Iowa federal district court permitted a civil detainee to proceed with his complaint that his free exercise rights are being infringed by denial of access to a minister unless he signs a DHS authorization form.

In Strong v. Livingston, 2013 U.S. Dist. LEXIS 181671 (SD TX, Dec. 31, 2013), and in Hickman-Bey v. Livingston, 2013 U.S. Dist. LEXIS 181682 (SD TX, Dec. 31, 2013), a Texas federal district court denied stays pending appeal of previous preliminary injunctions allowing plaintiff Muslim inmates to wear a one-quarter inch beards.

In Ali v. Wingert, 2014 U.S. Dist. LEXIS 204 (D CO, Jan. 2, 2014), a Colorado federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 182081, Nov. 19, 2013) and dismissed a Muslim inmate's complaint that he was required to use his commitment name along with his religious name on his mail.

Obama Sends Greetings To Sikhs Celebrating Birthday of First Sikh Guru

aYesterday, President Obama issued a statement (full text) extending best wishes to Sikhs in the United States and around the world as they celebrate the anniversary of the birth of Guru Nanak Dev Ji, the first Sikh Guru.  The statement says in part:This sacred time is an occasion to reflect on Guru Nanak’s timeless teachings and the principles that are at the heart of Sikhism, including the equality of all human beings, the pluralism we cherish in diverse societies and the compassion we owe one another.  

Massachusetts City Votes To Move Nativity Scene Back To City Hall

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AppId is over the quota
In Lowell, Massachusetts, the issue of December holiday displays has arisen early this year.   Today's Lowell Sun reports that City Council voted unanimously yesterday to approve a motion requesting that the Nativity scene which last year was moved to church property be returned this December to its traditional location at the plaza next to City Hall.  The motion also calls for the city to study how the display can be expanded to honor other traditions and cultures.  The display was moved last year after complaints and a legal review which concluded that the display posed constitutional problemss. Council member Rita Mercier who sponsored the motion to bring the display back to City Hall said yesterday: "I don't worry about what other people think. I worry about who that figure laying in the manger represents. I fear what he thinks."

FBI Releases 2012 Hate Crime Statistics

 Yesterday the FBI released its annual report -- 2012 Hate Crime Statistics. The data show that in 2012, some 19% of the hate crime incidents (1,166 offenses) were motivated by religious bias. Of these, 59.7% were anti-Jewish: 12.8% were anti-Islamic; 6.8% were anti-Catholic; 2.9% were anti-Protestant, and 1% were anti-Atheism/Agnosticism; 9.2% were against unspecified or other religions. 7.6% involved bias against multiple religious groups.  The ADL yesterday issued a press release complaining that over 25% of the country's law enforcement agencies failed to provide the FBI with numbers for 2012 (almost 1500 fewer agencies than last year).  Thus it is unclear how much of a seeming 7% decline in hate crimes since 2011 is due to under reporting. Times of Israel reports on the data.

Unauthorized Class Action Sought Millions For Denial of Religious Freedom and Right To Marry By Utah and LDS Church

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AppId is over the quota
Last Friday, a class action was filed in federal district court in Utah against the state of Utah and the LDS Church on behalf of "all persons denied freedom of religion and the right to marry"-- at least 500 people according to the complaint.  The complaint (full text) in Winburn v. State of Utah, (D UT, filed Dec. 27, 2013), describes the LDS Church as "an entity of defendant State of Utah," and alleges violations of the Fair Debt Collection Act, the Utah Pattern of Unlawful Activity Act and intentional infliction of emotional distress. It seeks damages of at least $25,000 for each class member. Yesterday, the lead plaintiffs in the case filed a "Notice of Voluntary Dismissal" (full text). The plaintiffs, Pidge Winburn and Amy Fowler-- a same-sex couple who were married on Dec. 23 after a federal court invalidated Utah's ban on same-sex marriage-- say they did not authorize the lawsuit, never spoke to the attorney who filed it, and learned of it only through a phone call from a reporter.  Apparently attorney E. Craig Smay who filed the suit learned of Winburn and Fowler through a feature article about them in the Dec. 26 Salt Lake Tribune.  According to yesterday's Salt Lake Tribune, Fowler says she plans to file a formal bar complaint against the attorney.

Clergyman Among Recipients of Presidential Medal of Freedom

  In a ceremony at the White House yesterday, President Obama awarded Presidential Medals of Freedom to 16 individuals, including one member of the clergy-- Cordy Tindell "C.T." Vivian. (White House press release.) (Full text of President's remarks at the ceremony.) Vivian was a civil rights leader and friend of Dr. Martin Luther King, Jr. He participated in Freedom Rides and sit-ins around the country, and went on to found various civil rights organizations.  Religion News Service has more.

Utah AG Studying Status of Same-Sex Marriages Already Performed In the State

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AppId is over the quota
Following yesterday's Supreme Court order that halts same-sex marriages in Utah while the appeal in Herbert v. Kitchen makes its way through the 10th Circuit, the status of same-sex couples who have married since the Dec. 20 district court decision allowing them is uncertain.  Yesterday the Utah Attorney General's Office issued an Official Statement  saying that it "is carefully evaluating the legal status of the marriages that were performed since the District Court’s decision and will not rush to a decision that impacts Utah citizens so personally." It explained:

There is not clear legal precedence for this particular situation. This is the uncertainty that we were trying to avoid by asking the District Court for a stay immediately after its decision.  It is very unfortunate that so many Utah citizens have been put into this legal limbo.

Noah Feldman has an interesting discussion of the Supreme Court's action at Bloomberg Opinion.

Recent Prisoner Free Exercise Cases

  In Ricks v. Albitre, 2013 U.S. Dist. LEXIS 163200 (ED CA, Nov. 13, 2013), a California federal magistrate judge permitted an inmate to move forward with his 1st Amendment and RLUIPA claims against various defendants for failure to provide Wiccan religious services. In Durbin v. Cain, 2013 U.S. Dist. LEXIS 163245 (MD LA, Nov. 15, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 163632, Oct. 24, 2013), and dismissed a Jewish inmate's complaint that he was not permitted to use the prison chapel for Friday evening services and instead was required to use space in the security office.In McCray v. Holmes, 2013 U.S. Dist. LEXIS 163423 (D NJ, Nov. 15, 2013), a New Jersey federal district court permitted a Jewish inmate to move ahead with his free exercise complaint that he was not furnished kosher meals. However his equal protection claim was dismissed without prejudice.In Gambino v. Payne, 2013 U.S. Dist. LEXIS 164396 (WD NY, Nov. 18, 2013), a New York federal district court allowed an inmate to proceed with two free exercise complaints-- refusal to allow inmates to cover portions of the shower door to block a correctional officer's view of their genitals, and a complaint that plaintiff's kosher meals were repeatedly mutilated, contaminated and tampered with.In Delavergne v. Washington State Department of Corrections, 2013 U.S. Dist. LEXIS 164639 (WD WA, Nov.19, 2013), a Washington federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 164643, Sept. 11, 2013) and dismissed without prejudice an inmate's rather incoherent free exercise claim that his therapy uses past and future behavior as teaching tools which do not conform with his belief that Jesus' "blood cleansed" him of his past behavior.In Adekoya v. Herron, 2013 U.S. Dist. LEXIS 164575 (WD NY, Nov. 19, 2013), a New York federal district court dismissed complaints by plaintiff, an African immigrant of the Spiritism faith, that in the facility in which he was formerly detained his quest for practicing his faith was ignored, his requests to attend services were canceled and his request for a prayer mat was denied.In Warrior v. Gonzalez, 2013 U.S. Dist. LEXIS 165387 (ED CA, Nov. 19, 2013), a California federal district court permitted an inmate to move ahead with his free exercise, establishment clause, equal protection and 4th amendment challenges to the policy of strip searching Muslim inmates attending religious programming during Ramadan.In Blakemore v. Godinez, 2013 U.S. Dist. LEXIS 165610 (SD IL, Nov. 20, 2013), an Illinois federal district court allowed a Rastafarian inmate to proceed with his claim for an injunction against enforcement of an Illinois Department of Corrections policy that prevents him from wearing his hair in dreadlocks.In Hawes v. Breiner, 2013 U.S. Dist. LEXIS 163949 (ND CA, Nov. 14, 2013), a California federal district court rejected an inmate's claim that his rights under the free exercise and establishment clauses were violated by the involuntary administration to him of anti-psychotic drugs.

Israeli State Rabbinical Court Fines Mother For Refusing To Have Son Circumcised

 Haaretz and  Failed Messiah report that in Israel, the Supreme Rabbinical Court on Sunday denied an appeal from an Oct. 29 decision of the Netanya Rabbinical Court (see Jewish Press, Nov. 7) imposing a fine of  NIS 500 ($140 US) per day on a woman who is refusing to have her one-year old son circumcised. The woman is in the midst of divorce proceedings with her husband who is seeking to force the circumcision. The boy was not circumcised at 8 days of age because of a medical condition, and subsequently, with her husband's agreement, the woman decided "she couldn't do that to my son." There is no circumcision requirement in Israeli civil law.  During the divorce proceedings the husband changed his mind. The appeals court judges apparently concluded, however, that the mother was now refusing to have the boy circumcised as a way to force a reconciliation with her husband. The judges also indicated their concern that allowing a Jewish Israeli woman to leave her son uncircumcised would encourage the anti-ritual circumcision movement in Europe and the United States. The mother argued in court that only Israel's civil family court has jurisdiction to order a circumcision, but the rabbinical court concluded that it also had jurisdiction of the dispute that arose in a divorce proceeding. The mother plans to appeal the decision to Israel's High Court of Justice.

Hawaii Federal Court Rejects RFRA Claims In 2 Cannabis Cases

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AppId is over the quota
This week the Hawaii federal district court rejected Religious Freedom Restoration Act claims in two separate marijuana cases:

United States v. Christie, (D HI, Dec. 30, 2013), involves a motion in limine in the prosecution of Roger Christie, the founder and leader of The Hawaiian Cannabis Ministry, and Sherryanne L. St. Cyr, an ordained minister in the THC Ministry, who are charged with manufacturing, distributing and possessing marijuana.  In one opinion (full text) the court held that Defendants had established a prima facie case for raising a Religious Freedom Restoration Act defense.  In a second opinion issued the same day (full text), the court held the government had established a compelling interest in enforcing the Controlled Substances Act against defendants to prevent diversion of substantial amounts of marijuana to non-adherents of the church. Finding also that the prosecution is the least restrictive means to further that compelling interest, the court held that defendants ultimately are not entitled to present a RFRA defense at trial.

In Oklevueha Native American Church of Hawaii, Inc. v. Holder, (D HI, Dec. 31, 2013), the court dismissed a suit brought by the Native American Church of Hawaii and its founder Rex "Raging Bull" Mooney seeking a declaratory judgment decreeing that criminal prosecution under the federal Controlled Substances Act for consuming, cultivating, possessing or distributing of cannabis would violate plaintiffs' free exercise of religion in violation of RFRA. The court said in part:

No reasonable juror could infer, from what is presently in the record, that Mooney’s religion is anything more than a strongly held belief in the importance or benefits of marijuana. Even if this belief is sincerely held, and even if marijuana use is indeed beneficial, the court cannot conclude from the record that a reasonable juror could find that Plaintiffs’ belief is religious in nature....

Even if the evidence in the record did support the existence of a religion,... a reasonable juror could not conclude that the prohibition on cannabis constitutes a substantial burden on Plaintiffs’ alleged religion..... Mooney himself describes peyote as his religion’s “primary sacrament,” and lists a litany of other drugs his Church members use. Nothing in the record explains why relying on these other drugs instead of cannabis would be more than an inconvenience for Plaintiffs.

IRS Issues New Procedures To Reinstate Lost Tax-Exempt Status

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AppId is over the quota
KPMG Tax News Flash reports that yesterday the Internal Revenue Service issued an advance copy of Rev. Proc. 2014-11 which provides procedures for reinstating the tax-exempt status of non-profit organizations that have had their tax-exempt status automatically revoked for failure to file required Annual Returns or notices for three consecutive years. The new Revenue Procedure modifies and supersedes Notice 2011-44.

Religion Clause Picked In ABA Journal's Blawg 100 Rankings

 I am pleased to announce that Religion Clause has been nominated by the ABA Journal for inclusion in its 7th Annual Blawg 100 rankings.  This is the fifth time in seven years that Religion Clause has made this prestigious list of the top 100 blogs directed at audiences interested in law and lawyers.  Now that the ABA Journal editors have narrowed the list to 100, the Journal asks you to vote for your favorite in each of its 13 categories. Religion Clause has been nominated in the "Niche" category. You may cast your votes in all categories at this link.  The ABA Journal requires a short registration process as part of the voting in order to prevent ballot box stuffing.  I hope you find Religion Clause a worthwhile enough read to vote for it.  Voting ends on Dec. 20.  Thanks to all who nominated Religion Clause for this honor.

More Developments In Non-Profit Challenges To Contraceptive Mandate

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AppId is over the quota
As previously reported, on New Years Eve, U.S. Supreme Court Justice Sonia Sotomayor granted Little Sisters of the Poor an emergency temporary injunction blocking enforcement against them of the Affordable Care Act contraceptive coverage accommodation for religious non-profits. The federal government was ordered to file a response by 10:00 AM today.  Here is the Solicitor General's 37-page response filed today in Little Sisters of the Poor Home for the Aged v. Sebelius,  (Docket No. 13A691). As explained by today's Politico, Sotomayor must now decide whether to keep the temporary injunction in place, lift it, or refer the matter to all the Justices for them to decide to take one of those steps.  The Justices could also grant full Supreme Court review in the case even though there has not yet been a Court of Appeals decision.

In another development, on New Years eve the U.S. District Court for the Eastern District of Michigan granted a 14-day temporary restraining order (full text) in Ave Maria Foundation v. Sebelius. The order temporarily bars enforcement of the contraceptive coverage mandate against Ave Maria Foundation, Ave Maria Radio, Domino's Farms Petting Farm, Rhodora J. Donahue Academy, and Thomas More Law Center.  (TMLC Jan. 2 press release.) A hearing is scheduled Jan. 8 on whether to convert the TRO to a preliminary injunction.

Justice Sotomayor and 3 Circuits Rule On Injunctions Pending Appeals By Non-Profits In Contraceptive Mandate Cases

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AppId is over the quota
With the approach of  the Jan. 1, 2014 effective date for the Affordable Care Act contraceptive coverage accommodation for religious non-profits (Final Rules in Federal Register), three circuit courts and a Supreme Court Justice yesterday ruled on motions for injunctions pending appeals by non-profits who lost at the district court level.
 [Thanks to Stephen Blakeman for the lead.]

Suit Challenges Teacher's Involvement In Weekly High School Prayer Group

a The American Humanist Association yesterday announced the filing of a federal lawsuit challenging the constitutionality of a weekly Christian prayer session sponsored by the Fellowship of Christian Students at Fayette, Missouri High School. The complaint (full text) in American Humanist Association v. Fayette R-III School Distrct, (WD MO, filed 11/20/2013), alleges that the devotional sessions, held before the beginning of first period in the classroom of Gwen Pope, adviser to the Christian student group, violate the Establishment Clause. Plaintiffs say that Pope participated in the prayer sessions, in violation of school policy. Her husband, a former youth minister for a local Methodist church also attended the sessions. Plaintiffs also allege that the school principal endorsed and promoted the devotional sessions.

U.N. Experts Call On Malaysia To Reverse Ban On Catholic Paper Using "Allah" To Refer To God

a Three United Nations officials today called on the government of Malaysia to reverse its ban on the Catholic publication, The Herald, using the word "Allah" to refer to God in its Malay language edition. A U.N. press release today reports that U.N. Special Rapporteur on freedom of religion or belief Heiner Bielefeldt, UN Independent Expert on minority issues Rita Izsák, and UN Special Rapporteur on freedom of expression Frank La Rue all called for the government to take action rather than continue to defend its position in Malaysia's Federal Court after a Court of Appeals decision last month (see prior posting) upheld the ban.

In Malaysia, Battle Over Christian Use of "Allah" Intensifies

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AppId is over the quota
As previously reported, last October Malaysia's Court of Appeal upheld a licensing condition imposed by the Minister of Security prohibiting the Catholic newspaper The Herald from using the word "Allah" in its Malay language edition to refer to God. The Federal Court has scheduled arguments for February 24 on the Catholic Church's application for leave to appeal the decision. (Malaysia Chronicle.) Meanwhile though the dispute intensifies.  According to yesterday's Malay Mail, The Herald's editor Father Lawrence Andrew has set off a firestorm of criticism by insisting that Catholic Churches in the state of Selangor will continue to use the term "Allah" in their Masses. His statement has led to calls for contempt of court proceedings, and even suggestions that Andrew has committed treason against the Sultan's decree banning non-Muslims from using the word "Allah."

Reuters and The Hindu report that the situation has been further exacerbated. Officials from the Selangor state Islamic Religious Department, aided by police, yesterday raided the Bible Society of Malaysia and seized 321 copies of the Bible that use the term "Allah". The Bible Society's president and its manager were briefly detained and then released on bail.  They say they are allowed to distribute the Bibles to Christians in West Malaysia (which includes Selangor) so long as the Bible has a cross and the words "Christian publication" on the cover.  The general secretary of the Council of Churches Malaysia said that Islamic authorities are not legally permitted to enter non-Muslim religious establishments to inspect or search them.

Los Angeles County Seal Changed To Add Cross Atop Depiction of Mission Building

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AppId is over the quota
According to the DiamondBar-Walnut Patch, the Los Angeles County Board of Supervisors yesterday created a new Establishment Clause controversy, voting 3-2 to approve a motion (full text) to modify the county seal to add a cross atop the depiction of the San Gabriel Mission already on it.  A version of the seal that the county adopted in 1957 had included a cross.  In 2004 the ACLU objected and the county redesigned the seal to eliminate the cross and change other images on it. (Background.) The new seal depicted the San Gabriel Mission without a cross because in 2004 the cross that used to be on the Mission had been removed for retrofitting after an earthquake.  In 2009 the cross was reattached to the Mission.  Supporters of yesterday's change say that the depiction of the Mission had become "artistically and architecturally inaccurate."  Opponents say that argument is disingenuous.

Split Ohio Supreme Court Upholds Firing Of Science Teacher For Refusing To Remove Religious Materials

a In a 4-3 decision today, the Ohio Supreme Court upheld the firing of middle school science teacher John Freshwater for insubordination in failing to comply with orders to remove religious materials from his classroom.  In Freshwater v. Mount Vernon City School District Board of Education, (OH Sup. Ct., Nov. 19, 2013), Chief Justice O'Connor in an opinion joined by Justices French and O'Neill held that the school improperly ordered Freshwater to remove his personal Bible from his desk. The order infringed Freshwater's free exercise rights; the Bible posed no threat of an Establishment Clause violation because Freshwater did not use it while teaching.  However, Freshwater was properly removed for insubordination in failing to comply with orders to remove other religious materials from his classroom.  The Chief Justice added:Accordingly, based on our  resolution of this threshold issue, we need not reach the constitutional issue of  whether Freshwater impermissibly imposed his religious beliefs in his classroom.Justice Lanzinger wrote a separate opinion joining only the court's syllabus in the case, saying:I would hold that the school district’s order that John Freshwater put away his personal Bible while students were present was a reasonable and valid attempt to avoid an Establishment Clause violation. That order did not infringe on Freshwater’s free speech rights, for he was not required to remove the Bible from the classroom—merely putting the book into a desk drawer during class time would have sufficed.Justice Pfeifer, in a rather blistering dissent, argued that the core of the insubordination charges against Freshwater involved his refusal to remove his personal Bible. Pfeifer agreed with the lead opinion that the order to remove it was improper but disagreed on the handling of the remaining insubordination charges:With the insubordination claim gutted, the lead opinion should have moved on to consider the constitutional issues remaining in the case. Instead, the majority walks away from the opportunity to provide helpful guidance....Thus concludes the sorry saga of John Freshwater, excellent junior-high science teacher, terminated as a result of an extreme overreaction of the parents of a decent student, followed by even less informed and measured responses by Mount Vernon school administrators and the school board.... [T]hey have managed to divide a really nice community and cost the school board and/or its insurance providers well over a million dollars to free itself of a very good teacher. And the people they did it for left town. There is a clear set of winners today: the lawyers.... They have told themselves that they are participating in the evolved version of the Scopes trial, when in reality they have created a modern Jarndyce and Jarndyce.... This court accepted jurisdiction in this case presumably to speak to the important issues of the Establishment Clause, academic freedom, and how schools may approach educating children about the scientific theories of evolution, which may directly clash with religious teachings of creation to which many children have been exposed at home and at church. Instead this court ... [leaves] the resolution of all these heady matters in the hands of a lone referee. Ironically, the lead opinion in this case proves the existence of God. Apparently, he’s an R.C. 3319.16 referee from Shelby.Justice O'Donnell also filed a dissenting opinion, which was joined by Justices Pfeiffer and Kennedy. He argued that there was insufficient evidence to support the insubordination claim, and that Freshwater was improperly charged with injecting his personal religious beliefs into his teaching:[T]he evidence in this case reveals that the school board has misinterpreted Freshwater’s effort to challenge students to think critically about evolutionary theory and instead construed his instruction as promoting intelligent design from a creationist perspective. This is a misimpression and contrary to the evidence in this case, and it is not a basis to terminate the contract of a teacher. The school board ... apparently assumed that he could not fairly present lessons on evolution and stated that he “not only injected his subjective, biased, Christian religion based, non-scientific opinion into the instruction of eighth grade science students but also gave those students reason to doubt the accuracy and or veracity of scientists, science textbooks, and/or science in general.” Yet student scores on standardized tests stand as strong, persuasive evidence of the board’s faulty conclusion; those scores instead reveal that Freshwater did teach evolution as mandated by the curriculum. Moreover, teaching students to question and rethink accepted scientific theories is essential to their understanding of the scientific method, the key concept his science students learned in eighth grade.

Recent Articles of Interest

AppId is over the quota
AppId is over the quota
From SSRN:
Richard Schragger & Micah Schwartzman, Some Realism about Corporate Rights, (Virginia Public Law and Legal Theory Research Paper No. 2013-43 (2013)).Rafael Palomino, Manual breve de Derecho eclesiástico del Estado (2ª edición) (Spanish Law and Religion in a Nutshell (2nd Edition)), (Europan and Comparative Law Books, Forthcoming).Nick Reaves, Uniquely Qualified: The Constitutionality of Crisis Chaplaincy Programs, (December 17, 2013).Samuel H. Pillsbury, Questioning Retribution, Valuing Humility, (Ohio State Journal of Criminal Law, Vol. 11, No. 1, 2013).Aaron R. Petty, The Concept of 'Religion' in the Supreme Court of Israel, (January 3, 2014).Seth Barrett Tillman, Purim & My Bangladeshi Friend, (Gadfly: Culture that Matters, February 11, 2013).From SmartCILP:

President Announces Nominee For Assistant Attorney General For Civil Rights

aLast Thursday, President Obama announced his intention to nominate Debo P. Adegbile as Assistant Attorney General to head the Civil Rights Division of the Department of Justice.  The Civil Rights Division enforces federal anti-discrimination laws, including those that prohibit religious discrimination.  The nominee has served since July as Senior Counsel to the United States Senate Judiciary Committee, and before that worked at the NAACP Legal Defense and Educational Fund.

Urging Religious Resolution of Altercation Violated Ban or Attempting To Dissuade Witness From Testifying

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AppId is over the quota
In People v. Wahidi, (CA App., Dec. 30, 2013), a California state appeals court upheld the conviction of defendant Abdullah Wahidi  for violating California Penal Code Sec. 136.1(a)(2) which prohibits any person from "[k]nowingly and maliciously attempt[ing] to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry...."  Wahidi had been in an altercation with Farahan Khan and three of Khan's friends. He was charged with assault, vandalism and battery. The day before his preliminary hearing, Wahidi approached Khan following prayer services at Khan’s mosque to urge him, instead of testifying at the preliminary hearing, to settle the matter informally using the Muslim custom of resolving disputes through discussions between affected families. Wahidi said to Khan:

[W]e’re both Muslims. That if we could just settle this outside the court in a more Muslim manner family to family, have our families meet and settle this out of court and not take this to court.

On the basis of that conversation, he was also charged with attempting to dissuade a witness from testifying. The court held that this conversation meets the "knowing and malicious" standard of the statute. California Penal Code Sec. 136 defines "maliciously" very broadly to include interfering in any manner with the orderly administration of justice, and in general was intended only to exclude attempts by family members to protect a witness or victim by urging them to not become involved. The Los Angeles Metropolitan News-Enterprise reports on the decision.

NYPD's Grooming Rule Violates Free Exercise Rights of Orthodox Jewish Officer

a In Litzman v. New York City Police Department, (SD NY, Nov. 15, 2013), Fishel Litzman, a member of the Chabad Lubavitch Orthodox Jewish movement, was accepted into the NYPD Police Academy and sworn in as a probationary police officer. He sued when his request for a religious accommodation to allow him to wear a one-inch long beard was denied and he was fired for continuing to wear his beard. NYPD policy allowed for medical and religious exceptions to the Department's no-beard rule, but only for beards that do not exceed one millimeter in length. A New York federal district court held that while the police department had not violated Title VII of the 1964 Civil Rights Act by failing to accommodate Litzman's religious exercise, it did violate his 1st Amendment free exercise rights and the New York City Human Rights Law. The NYPD prevailed under Title VII because it carried its burden of showing that an accommodation would create "undue hardship." The New York City Human Rights Law similarly requires accommodation, but has a definition of "undue hardship" that creates a much higher hurdle for the employer.  NYPD failed to meet that test. Analyzing plaintiff's 1st Amendment free exercise claim, the court concluded that strict scrutiny should be applied:Here, the undisputed record demonstrates that de facto exemptions to the one-millimeter rule abound. The ... NYPD provides temporary exemptions to police officers who grow beards beyond the one-millimeter limit for special occasions, such as religious holidays, weddings, and funerals.... Defendants also admit that the NYPD has police officers with beards in excess of one-millimeter in length, not only because of formal exemptions due to undercover assignments, but also because the NYPD does not always enforce its personal appearance standards....  Because there is evidence that the NYPD exercises discretion with respect to a facially neutral rule in a discriminatory fashion, strict scrutiny is appropriate.New York Daily News reports on the decision.

Tunisia's National Assembly Approves Constitutional Provision Making Islam Country's Religion

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AppId is over the quota
Tunisia's National Assembly began voting Friday, article-by-article, on the country's proposed new constitution. (AFP 1/3). On Saturday, by a vote of 146-3 it adopted Article I which reads:  "Tunisia is a free, independent and sovereign state. Islam is its religion, Arabic is its language, and it is a republic. It is not possible to amend this article." The Assembly rejected proposed amendments that would have provided that Islam or the Qur'an would be the principal source of legislation.  The provision as adopted is a compromise between the Islamist Ennahda party and secularists. (AFP 1/4.) The constitution must be adopted by 2/3 of the Assembly's 217 members, or else submitted for a referendum.

Report On Freedom of Religion or Belief Prisoners Issued

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AppId is over the quota
On Dec. 21, Human Rights Without Frontiers International released its Freedom of Religion or Belief & Blasphemy Prisoners List 2013. The report documents prisoners in 24 countries being held for violation of laws restricting worship, proselytizing, conversion or conscientious objection.  Nine countries hold prisoners on blasphemy or defamation of religion charges. The countries with the most freedom of religion or belief prisoners are China, Eritrea, Iran, North Korea and South Korea. The offending countries are all in Asia, northern Africa, the Middle East or are countries of the Former Soviet Union.

Obama Criticized As Anti-Religious For Reading First Gettysburg Address Version

a To mark yesterday's 150th Anniversary of Lincoln's Gettysburg Address, documentarian Ken Burns has urged everyone to video themselves reciting the Address. His Learn the Address website, which features a number of celebrities delivering the speech, points out that there are 5 versions of the Gettysburg Address.  Burns specifically asked President Obama to recite the "Nicolay Version"-- the earliest version of the speech which, among other things, does not include the reference to "God" that ended up in later versions. A number of conservative commentators and websites-- perhaps unaware of why the President did so-- strongly attacked Obama for "omitting God" in the Gettysburg Address. For example, a Liberty Counsel press release said:After five years of tearing down religious liberty, it is neither surprising nor unexpected that President Obama disregarded “under God” when reciting the Gettysburg Address. Today the “new birth of freedom” means taking a stand against a tyrannical, antireligious assault at every level of government from the Department of Justice, to city halls, to the public schools.And American Family Association Issue Analysis Director Bryan Fischer tweeted: "Obama's omission of 'under God' is more evidence of his anti-Christian bigotry. He honors Islam but disrespects Christianity." According to a CBS News report:White House spokesman Jay Carney on Tuesday gave a simple explanation for the reading. "He read the version of the address that Ken Burns provided," he said, noting that Burns is a "noted Civil War scholar."

Court Holds That Tax Code's Parsonage Allowance Violates Establishment Clause

 In Freedom From Religion Foundation, Inc. v. Lew, (WD WI, Nov. 22, 2013), a Wisconsin federal district court held unconstitutional Internal Revenue Code Sec. 107(2) that excludes from gross income a minister's parsonage allowance. The court held that the exclusion "violates the establishment clause under the [U.S. Supreme Court's] holding in Texas Monthly, Inc. v. Bullock... because the exemption provides a benefit to religious persons and no one else, even though doing so is not necessary to alleviate a special burden on religious exercise." An important issue in the case was plaintiffs' standing to bring the challenge.  FFRF co-presidents who were plaintiffs ultimately were found to have standing because of the non-excludable housing allowance they received as part of their compensation from FFRF. The court rejected the argument that plaintiffs should be seen as being entitled to claim the parsonage allowance as atheist ministers. The complaint in the case originally also challenged Sec. 107(1) that allows ministers who are furnished a home instead of a housing allowance to exclude the rental value of the home from income. Plaintiffs essentially conceded they lacked standing to pursue that challenge, and the court dismissed that aspect of their complaint. [Thanks to several readers who alerted me to the decision.]

State Employee Appealing Contraceptive Coverage Mandate Asks 8th Circuit For Injunction Pending Appeal

  Last month in Wieland v.U.S. Department of Health and Human Services a Missouri federal district court dismissed on standing grounds a suit by a Missouri state employee and his wife who claim that the Affordable Care Act contraceptive coverage mandate forces them to violate their religious opposition to contraception, sterilization, and abortifacients. (See prior posting.) Yesterday, plaintiffs filed with the 8th Circuit Court of Appeals a motion for a preliminary injunction pending appeal and a 20-page memorandum (full text) in support of their motion.

Report Says Bishops Are Seeking Exit Strategy From Their Strong Opposition To Contraceptive Coverage Mandate

 According to the National Catholic Reporter on Friday, despite strong disapproval of the Affordable Care Act contraceptive coverage mandate expressed in a Special Message issued Nov. 13 by U.S. Catholic Bishops at the conclusion of their Fall General Assembly, the bishops are not as united in their opposition as it may seem:[A]fter repeatedly drawing that line in the sand, a growing number of bishops have begun to push back, arguing that such hard-line rhetoric has put them in an untenable position. These bishops do not want to close Catholic institutions over a birth control policy -- and they say they actually can't do so in most cases.In addition, they argue that there is no reason to try -- the exemptions and accommodations in the mandate are sufficient, some say, and the church's teaching that access to good, affordable health care is a basic right should outweigh any remaining reservations.That's why those familiar with the deliberations in Baltimore note that the statement is carefully worded to acknowledge that each bishop can make his own arrangements on health insurance -- as some are doing -- and it begins to provide cover for the entire hierarchy as the prelates try to find an exit strategy.[Thanks to Perry Dane for the lead.] 

Note To Readers-- Still Working With Template

a Religion Clause followers know I have been tinkering with the blog's traditional template style.  Some intensive users found the new format to require excessive scrolling.  So I am tinkering some more-- now with a wider body and Arial typeface. This makes all but the longest posts readable without scrolling. I have also added a "Recent Posts" box at the top of the sidebar to allow you to browse recent post topics without scrolling. Particularly to those who liked the first new template, let me know it this eliminates its advantages for you.  And for those who did not like it, let me know if this is still too much scrolling for you.  By the way, all standard browsers allow you to increase or decrease the size of the print you are reading by zooming in or out.

Former Israeli Chief Rabbi Arrested On Bribery Charges

  In Israel, the country's former Chief Ashkenazi Rabbi Yona Metzger was arrested by police today on charges of bribery, money laundering, obstructing an investigation, and fraud.  Haaretz reports that police suspect Metzger, as chief rabbi, took bribes totaling millions of shekels (1 NIS= $0.28 US) from non-profit organizations in exchange for advancing their interests. In June, as Metzger neared the end of his term as chief rabbi, it was initially announced that he was under investigation. (See prior posting).

Insular Jewish Sect Leaves Quebec For Ontario To Escape Child Welfare and Education Officials

 In Canada last Monday, 40 Orthodox Jewish families who are members of the fundamentalist, anti-Zionist Lev Tahor ("Pure Heart") sect left their homes in Quebec province and moved to Ontario to escape education and child welfare officials in Quebec. The Toronto Star reported yesterday that the evacuees, which included some 130 children, say they object to requirements that they teach a secular curriculum to their home-schooled children.  Provincial officials say their concerns were more about child neglect, psychological abuse, poor nutrition and health problems than about education.  They have forwarded evidence they collected to Ontario officials. The insular Lev Tahor sect-- whose women dress in black robes that cover them from head to toe and show only their faces-- are led by Shlomo Helbrans who some claim has created a mind-controlled cult.  Before re-establishing his group 13 years ago in Canada, Helbrans served a prison term in New York for second degree kidnapping. [Thanks to Scott Mange for the lead.]

Court Will Approve Settlement In Class Action By Michigan Muslim Inmates

 Le canal de demande a dépassé le délai imparti en attendant une réponse après 00:01:00. Augmentez la valeur du délai d’expiration transmise à l’appel à Request ou augmentez la valeur SendTimeout sur Binding. Le temps alloué à cette opération fait peut-être partie d’un délai d’attente plus long. According to the Wall Street Journal, at a hearing yesterday a Michigan federal court judge indicated he would approve a proposed settlement (full text) in a long-running class-action lawsuit by Muslim prisoners.  Under the settlement in Dowdy-El v. Caruso, (ED MI), the state will provide Muslim inmates meals that comply with halal standards.  The settlement does not require the meals to include meat, and the state says it plans to furnish vegan meals to meet its obligations.  The settlement also provides a procedure for inmates who were disciplined because of conflicts between religious services and work, school or administrative detail assignments to have the record of disciplinary actions expunged.

Supreme Court Grants Review In Two Contraceptive Coverage Mandate Cases

  The U.S. Supreme Court today (11/26/2013) granted certiorari in two cases challenging the Affordable Care Act contraceptive coverage mandate, and consolidated them for appeal allotting one hour for oral argument. (Order List.) The cases are Sebelius v. Hobby Lobby Stores, Inc, (Docket No. 13-354) and Conestoga Wood Specialties v. Sebelius, (Docket No. 13-356). In the Hobby Lobby case, an 8-judge en banc panel of the 10th Circuit Court (in six separate opinions spanning 165 pages) held that two related family-owned corporate businesses had demonstrated a likelihood of success on their claim that their free exercise rights were substantially burdened in violation of RFRA.  The corporations and their Christian owners objected to providing coverage for those contraceptives they regard as abortifacients.  Five of the 8 judges held that corporations have free exercise rights. Four of the 8 judges also concluded that the individual shareholders have standing to assert claims as well. (See prior posting.) From Becket Fund, here is a link to all the pleadings and briefs in the case since its inception.In Conestoga Wood Specialties, the 3rd Circuit in a 2-1 decision denied a preliminary injunction sought by a family-owned business which, along with its Mennonite owners, objected to providing coverage for contraceptive methods that may terminate a fertilized embryo. The majority opinion held that "for-profit, secular corporations cannot engage in religious exercise," and that the conscience rights of the owners of a corporation do not pass through to the corporation. (See prior posting.) By a 7-5 vote, the 3rd Circuit denied an en banc rehearing. (See prior posting.) From Becket Fund, here is a link to the prior opinions and Supreme Court filings in the case.CNN has additional coverage of the Supreme Court's action.

Recent Articles of Interest

  From SSRN:
Giovanna Lanni & Alessandra Impellizzeri,  Recenti sviluppi costituzionali in Egitto ed Israele: la tensione fra democrazia e religione come costante del discorso costituzionale in Medio Oriente (Recent Constitutional Developments in Egypt and Israel: The Tension between Religion and Democracy as a Constant of the Constitutional Discourse in the Middle East), (October 23, 2013).Wilson Ray Huhn, Slaves to Contradictions: 13 Myths that Sustained Slavery, (November 6, 2013).Dian Kartika Rahajeng, The Role of Islamic Banking System as the Milestone Towards Indonesia Micro Economy Development: A Financial Reports Approach, (September 12, 2013).Ahmed Parvez, Corporate Governance and Ethics of Islamic Finance Institutions, (Journal of Islamic Economics, Banking and Finance, Forthcoming).Brynne Alexis Sharafi, American Multiculturalism, French Universalism, Antiblackness, and the French Headscarf Ban, (November 4, 2013).Mark J. Chadsey, Abraham Baldwin and the Establishment Clause, 51 Journal of Catholic Legal Studies 1-40 (2012).Seth R. Payne, Mormonism and Same-Sex Marriage: Theological Underpinnings and New Perspectives, [Abstract] 51 Journal of Catholic Legal Studies 41-53 (2012).Rev. John A. Perricone, The Relation Between Justice and Love In the Natural Order, [Abstract], 51 Journal of Catholic Legal Studies 55-75 (2012).

Recent Prisoner Free Exercise Cases

  In Ricks v. Albitre, 2013 U.S. Dist. LEXIS 163200 (ED CA, Nov. 13, 2013), a California federal magistrate judge permitted an inmate to move forward with his 1st Amendment and RLUIPA claims against various defendants for failure to provide Wiccan religious services. In Durbin v. Cain, 2013 U.S. Dist. LEXIS 163245 (MD LA, Nov. 15, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 163632, Oct. 24, 2013), and dismissed a Jewish inmate's complaint that he was not permitted to use the prison chapel for Friday evening services and instead was required to use space in the security office.In McCray v. Holmes, 2013 U.S. Dist. LEXIS 163423 (D NJ, Nov. 15, 2013), a New Jersey federal district court permitted a Jewish inmate to move ahead with his free exercise complaint that he was not furnished kosher meals. However his equal protection claim was dismissed without prejudice.In Gambino v. Payne, 2013 U.S. Dist. LEXIS 164396 (WD NY, Nov. 18, 2013), a New York federal district court allowed an inmate to proceed with two free exercise complaints-- refusal to allow inmates to cover portions of the shower door to block a correctional officer's view of their genitals, and a complaint that plaintiff's kosher meals were repeatedly mutilated, contaminated and tampered with.In Delavergne v. Washington State Department of Corrections, 2013 U.S. Dist. LEXIS 164639 (WD WA, Nov.19, 2013), a Washington federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 164643, Sept. 11, 2013) and dismissed without prejudice an inmate's rather incoherent free exercise claim that his therapy uses past and future behavior as teaching tools which do not conform with his belief that Jesus' "blood cleansed" him of his past behavior.In Adekoya v. Herron, 2013 U.S. Dist. LEXIS 164575 (WD NY, Nov. 19, 2013), a New York federal district court dismissed complaints by plaintiff, an African immigrant of the Spiritism faith, that in the facility in which he was formerly detained his quest for practicing his faith was ignored, his requests to attend services were canceled and his request for a prayer mat was denied.In Warrior v. Gonzalez, 2013 U.S. Dist. LEXIS 165387 (ED CA, Nov. 19, 2013), a California federal district court permitted an inmate to move ahead with his free exercise, establishment clause, equal protection and 4th amendment challenges to the policy of strip searching Muslim inmates attending religious programming during Ramadan.In Blakemore v. Godinez, 2013 U.S. Dist. LEXIS 165610 (SD IL, Nov. 20, 2013), an Illinois federal district court allowed a Rastafarian inmate to proceed with his claim for an injunction against enforcement of an Illinois Department of Corrections policy that prevents him from wearing his hair in dreadlocks.In Hawes v. Breiner, 2013 U.S. Dist. LEXIS 163949 (ND CA, Nov. 14, 2013), a California federal district court rejected an inmate's claim that his rights under the free exercise and establishment clauses were violated by the involuntary administration to him of anti-psychotic drugs.

Federal Jury Awards Portland City Employee Damages In Religious Harassment Case

  In Portland, Oregon, a federal jury earlier this month awarded a former city employee damages of $14,080.  It found in its Nov. 8 special verdict (full text) that plaintiff was subjected to a hostile work environment based on her religion, and that the city knew or should have known about the situation and failed to take prompt effective remedial action.  As reported by yesterday's Oregonian, the complaint (full text) in Griffin v. City of Portland, (D OR, filed 4/9/2013) claimed that co-worker Theresa Lareau harassed plaintiff KellyMarie Griffin about her strong Christian beliefs, repeatedly making profane statements that offended Griffin and telling Griffin: "I’m tired of your Christian attitude and your Christian shit all over your desk and your Christian shit all over the place. I’m going to file a complaint against you the next time I sneeze and you say 'bless you'. You’re just doing it for the attention; you wear it on your sleeve like a badge and I’m sick of it. It offends me."

White Earth Chippewa Indians Adopt New Constitution With Religious Protections

a On Nov. 19, members of the White Earth Chippewa Nation in Minnesota adopted a new tribal constitution. (Full text.) According to the Indian tribe's website, the tribal council earlier this year voted unanimously to hold a referendum on the proposed draft that was the product of four Constitutional Conventions between 2007 and 2009.  In Tuesday's vote, 2,780 tribal members (79.61%) voted to approve the Constitution and 712 (20.39%) voted against it. According to Tuesday's Fargo Forum, the vote means that the White Earth Reservation is breaking away from the 5 other tribes that make up the Minnesota Chippewas. Included in the new constitution is this provision on religious freedom:Chap. 3. Art. 1:The White Earth Nation shall make no laws that would establish a religion, or laws that would deny the free expression of religion, speech, or of the press and electronic communication.This goes further than the provision in the federal Indian Civil Rights Act (25 USC Sec. 1302) which requires tribal governments to respect free exercise of religion, but does not ban the establishment of religion.  MRzine has further background on the White Earth Nation's new constitution.

Norwegian Foreign Minister Says Government Will Not Propose Ban On Ritual Circumcision

 Earlier this month, Norway's health minister said that the government would introduce new legislation limiting or regulating ritual circumcision of boys under 18. (See prior posting.) However, The Foreigner reports that last Friday after the Simon Wiesenthal Center (SWC) warned that a ban would "stand in direct defiance of international laws protecting religious freedom," Norway's foreign minister gave assurances that a ban will not be proposed.  In a letter to the SWC, Minister of Foreign Affairs Børge Brende wrote: "the Norwegian Government recognizes the importance of ritual male circumcision for the Jewish community in Norway… [and] it will not propose a ban on ritual circumcision." In a press release today, SWC thanked Brende and said: "The Wiesenthal Center is ... particularly grateful that Foreign Minister Brende's letter also puts his government on record as 'committed to safeguarding freedom of religion as enshrined in international law'." It is unclear whether Brende's letter still leaves open the possibility of regulation short of a complete ban. Last month, the Parliamentary Assembly of the Council of Europe in a resolution on children's physical integrity recommended that member countries "clearly define the medical, sanitary and other conditions to be ensured for practices which are today widely carried out in certain religious communities, such as the non-medically justified circumcision of young boys." (See prior posting.)

Swedish Jewish Activist Applies In Protest For Asylum In Her Own Country

aCiting legal attacks in Sweden on kosher slaughter and ritual circumcision, a Jewish political adviser to the Swedish party Folkpartiet announced in an article in Mosaic Magazine that she is applying for refugee status in her own country.  Annika Hernroth-Rothstein wrote in part:When it comes to our religious traditions, those on both the Right and Left in Swedish politics find common ground; they take pride in defending both animals and children from the likes of us, and from what one politician has called our “barbaric practices.”... EU statutes provide that asylum be granted to persons with “well-founded reasons to fear persecution due to race; nationality; religious or political beliefs; gender; sexual orientation; or affiliation to a particular social group.” Jews in Sweden meet these criteria, and should be eligible for the same protection and support extended to non-natives. And so today, November 18, I am legally filing for refugee status and asylum—not in America, not in Israel, but here in Sweden, my own country.Absurd?  No doubt. I can only expect that my application will be summarily dismissed. But the situation is beyond absurdity, beyond op-eds and strongly worded letters of protest. The situation calls for action.

USCIRF Issues New Policy Brief On Role of Shariah in Sudanese Law

a The U.S. Commission on International Religious Freedom last week issued its most recent Policy Brief, this one titled Sudan’s Enduring Question: The Role of Shari'ah in the Constitution and Law, (Nov. 2013). The Policy Brief says in part:In December 2010, Sudanese president Omar al-Bashir declared that Sudan’s new constitution will be based on his government’s interpretation of Islamic (Shari’ah) law. Senior officials continue to repeat his declaration, as opposition parties and civil society representatives insist that Sudan’s new constitution be based on universal human rights and reflect Sudan’s commitments to international human rights standards, including freedom of religion or belief.Concerns about Shari’ah being central to a future constitution ignore the fact that Sudan’s current legal system already is based on a restrictive interpretation of Shari’ah provisions and corresponding hudood, or classes of crimes with set punishments.

Catholic Diocese of Gallup Becomes Ninth To File For Bankruptcy Protection

 Last week (Nov. 12), the Catholic Diocese of Gallup-- which encompasses parts of New Mexico and Arizona-- became the ninth Catholic diocese in the United States to file for Chapter 11 bankruptcy reorganization. As reported by the Albuquerque Journal, the diocese includes a large part of the Navajo Nation, as well as 6 other tribes and pueblos. The day before the filing, the diocese posted a letter (full text) from Bishop Wall reiterating a statement he made in September that bankruptcy reorganization is "the only way to equitably and mercifully deal with the mounting sex abuse claims, still meet our commitment to [parishioners] and continue the outreach mission of the Church." Two separate bankruptcy petitions, along with a motion for joint administration of the two cases, were filed in federal bankruptcy court in New Mexico since the diocese is organized through two separate entities-- a New Mexico corporation sole and an Arizona corporation sole.  The full text of all the legal documents involved are available from the Diocese's website. [Thanks to Douglas Carver for the lead.]