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.

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.

Recent Prisoner Free Exercise Cases

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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.

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

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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.

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

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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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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.)

Recent Articles of Interest

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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:

Happy New Year 2014!

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AppId is over the quota
Dear Religion Clause Readers:

Happy New Year! The past year was unusual in the extent to which two developments often seemed to dominate Religion Clause's coverage-- reactions to same-sex marriage and opposition to the Affordable Care Act contraceptive coverage mandate.  However, many other interesting and challenging religious liberty and church-state items also filled 2013.

As we enter 2014, I want to again thank all of you who read Religion Clause-- both long-time followers and those who have discovered the blog more recently. And thanks to all of you who send me leads or corrections. Your input is important in maintaining completeness and accuracy. I read all of your e-mails and comments and appreciate receiving them, even though time constraints often prevent me from replying individually. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want to be mentioned, I will be happy to honor that request if you let me know when sending me information.

Religion Clause's established format of neutrality, broad coverage and links to extensive primary source material has made it a widely-recognized authoritative source for keeping up on church-state and religious liberty developments around the world. Often Religion Clause carries a story well before mainstream media feature it. This year, for the fifth time in 7 years, Religion Clause was named by the ABA Journal as one of the 100 top blogs for a legal audience.

I am of course always considering whether any changes in format or coverage would make the blog more useful.  This year I changed the blog's template a bit-- to mixed reviews.  I have also begun to add subject tags to my posts to allow readers to find other blog entries covering similar subject matter.  I will not, however, have the time to retroactively add tags to the over 15,000 past blog posts that are in the Religion Clause database.  I welcome any comments or suggestions you have regarding Religion Clause. Feel free to post them as a comment to this blog entry, or to e-mail them to me at religionclause@gmail.com.

The Sitemeter shows that Religion Clause has attracted over 1,544,000 visits since I created the blog in 2005. Around 206,500 of these visits came in 2013. Sitemeter, however, is becoming a less and less reliable measure of readership.  First, the Sitemeter server which measures visits to Religion Clause suffered severe technical problems for at least two months this year. Also, a number of visits by automated bots are counted by Sitemeter. This overestimates real readers of the blog.  At the same time, readers are undercounted because of the increasing numbers who are following Religion Clause through Twitter, Facebook, Feedly, Blogger, FeedBlitz and similar services that make access more convenient. (Information about many of these alternatives are available in the blog's sidebar.)  Reading of posts, or of post headlines, through these routes is not measured by Sitemeter.  Only click-throughs are registered.

Ultimately, however, raw numbers are not as important as the quality of the audience and the usefulness of the blog to readers. On this score, I am pleased that my regular readers span the political and religious spectrum and include a large number of law school faculty, journalists, persons at governmental agencies, and others working professionally dealing with church-state relations and religious liberty concerns.  I encourage you to recommend Religion Clause to colleagues and friends who might find it of interest, and to link to specific posts and share them on social media.

Finally, I remind you that in addition to the postings, the Religion Clause sidebar contains links to a wealth of resources.

Best wishes for 2014!  It promises to be another year of interesting legal and political change.

Howard M. Friedman

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.

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.

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."

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

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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.

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

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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.

Utah Seeks Stay From U.S. Supreme Court of District Court's Same-Sex Marriage Decision

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AppId is over the quota
As reported by Lyle Denniston at SCOTUSblog, yesterday the state of Utah filed an Application (full text) seeking an immediate stay pending appeal of the Dec. 20 federal district court decision in Kitchen v. Herbert which barred Utah from enforcing its ban on same-sex marriage.  The district court and 10th Circuit have both denied stays. As required by Supreme Court rule, the stay application was filed with Justice Sotomayor, the Justice assigned to the 10th Circuit.  Late yesterday afternoon, Justice Sotomayor asked for a response from respondents by noon on Friday.  It appears that Utah's governor and attorney general have retained an outside law firm to handle the attempt to obtain Supreme Court review.  A Boise, Idaho firm is listed as petitioners' counsel, with counsel of record being the firm's senior partner Monte Neil Stewart who was a law clerk for Chief Justice Warren Burger and is the founder of the Marriage Law Foundation.

Utah's application for a stay argues that it is likely that the district court will be reversed on appeal, and if that happens without a stay the state will be faced with the problem of whether and how to unwind the many marriages that will have occurred in the interim. AP reports on Utah's efforts.

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.

Hawaii Federal Court Rejects RFRA Claims In 2 Cannabis Cases

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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.

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.

Report On Freedom of Religion or Belief Prisoners Issued

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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.

Massachusetts City Votes To Move Nativity Scene Back To City Hall

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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."

Panelists Lament Loss of Experience At IRS Exempt Organizations Unit

a Yesterday's BNA Daily Report for Executives [subscription required] reports on a Nov. 15 conference on tax exempt organizations sponsored by the American Law Institute and American Bar Association at which speakers lamented the current situation in the Internal Revenue Service's Exempt Organizations unit. Here are some excerpts from the BNA report:Most of the senior IRS officials who worked in the unit have either retired or been pushed out as a result of the May Tea Party scandal, said Marc Owens, a partner with Caplin & Drysdale.... “Everyone from the commissioner down to the director of rulings and agreements in the exempt organizations function were replaced by people with essentially no tax administration experience,” he said. “No experience interpreting the Internal Revenue Code, no experience dealing with taxpayers that apply the code, no experience in doing what the exempt organizations function has done and is in charge of doing.”... One of the impacts of less-experienced employees in recent years has been a dwindling number of technical advice memorandums, the panelists said. TAMs move audit cases to the IRS's national office.... 

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.

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

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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.

Angola Steps Up Ban On Mosques In the Country

  A report today from OnIslam indicates that the largely Christian country of Angola is stepping up its enforcement of the ban on Islam as an unrecognized religious group operating in the country.  The U.S. State Department's 2012 International Religious Freedom Report described Angolan policy:Religious groups must petition for legal status with the justice and culture ministries....  By law, a religious group must have over 100,000 members and be present in 12 of the 18 provinces to gain legal status.... The high membership threshold for religious groups to acquire legal status restricted registration. The government continued to recognize 83 registered religious groups, but did not register any new groups.... More than 900 organizations have applied unsuccessfully for legal recognition since 1991. The government has not granted legal status to any Muslim groups. Over 2,000 organizations reportedly continued to operate without legal status. The government generally permitted these organizations to exist, function, and grow without legal recognition.However, speaking last week to the Commission of the National Assembly, Angolan Minister of Culture Rosa Cruz e Silva said:The process of legalization of Islam has not been approved by the Ministry of Justice and Human Rights, their mosques would be closed until further notice.... All sects on the list published by the Ministry of Justice and Human Rights in the Angolan newspaper Jornal de Angola are prohibited to conduct worship, so they should keep their doors closed.... In addition, we also have a long list of more than a thousand legalization applications.Meanwhile Angolan President José Eduardo dos Santos said: "This is the final end of Islamic influence in our country." The Nigerian newspaper Osun Defender today says that these steps are designed to prevent the rise of Wahhabi ideology.

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.

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.

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.]

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

aIn 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.

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

AppId is over the quota
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.]

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).

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.]

IRS Issues New Procedures To Reinstate Lost Tax-Exempt Status

AppId is over the quota
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.

Federal Court says accommodation contraceptive coverage for religious nonprofit probably viola RFRA costumes non-profit is being presented

A federal district court in Pennsylvania yesterday became the first to review on the merits of the accommodation provided for religious educational and charitable organizations nonprofit that object of the Affordable Care Act contraceptive coverage mandate.  The Court, finding a probability of success on the merits in the RFRA challenge claimants of the final rules that were adopted in June, issued a preliminary injunc tion accelerated.  Zubik v. Sebelius, (WD PA, November 21, 2013), the Court said in part:[A] lthough the "accommodation" legally allows plaintiffs to avoid directly pay for the portion of the health plan that provides contraceptive products, services, and counseling, requires the "accommodation" shift the responsibility... toward a secular source. The Court concludes that the applicants have a sincerely belief that 'change of responsibility' not exempted or exonerate the of the moral turpitude created by the "accommodation"; on the contrary, it loads even substantially their religious beliefs carefully controlled...The application of these two regulations - an exemption and accommodation - has the effect of dividing the Catholic Church into two separate entities. Now, a regulation (the "exemption") is applied on the arm of the Catholic Church worship and therefore applies to all the employees that work within the walls of a church. While the other regulation ("accommodation") applies to the arms of "good works" of the Catholic Church and thus applies to those who stand in the church steps and distribute food and clothing to the needy... [B] and divide the Catholic Church in such a way, the Government has created a significant burden on the applicants right to freely exercise their religious beliefs.The Court went on to hold that the exemption for the same churches "is a recognition of the lack of a compelling governmental interest" at least in terms of some employers. Then he reasoned:If the Court to conclude that the Government has declared interests were sufficiently "convincing" to overcome the legitimate claims raised by the non profit, religious affiliated/associated with applicants, the net effect would be to allow the Government to join the Catholic Church into two parts: worship, service, and "good works", thereby entangling Government to decide what consists of "religion".Pittsburgh Post-Gazette, reports on the decision. [Thanks to Luke Goodrich to take the lead.]Meanwhile, another religious non-profit whose challenge originally posed problems of maturity (see prior publication) has filed a new lawsuit challenging the mandate of contraceptive coverage. The case is Belmont Abbey College v. Sebelius (D DC, filed 11/20/2013) (the full text of the complaint; Becket Fund news release).

Swedish Jewish activist applies to protest by asylum in his own country

Citing the legal attacks on Sweden in kosher slaughterhouse and ritual circumcision, a political advisor to Jew for the Swedish party Folkpartiet announced in an article published in the journal mosaic that is applying for the refugee status in their own country.  Annika Hernroth-Rothstein wrote in part:When it comes to our religious traditions those to the right and the left in Swedish politics find common ground, take pride in defense of animals and the children of the likes of us and of what a politician has called our "barbaric"...EU statutes provide for granting asylum to people with "well-founded reasons to fear persecution because of race; nationality; beliefs religious or political; Genus; their sexual orientation; or membership of a particular social group. Jews in Sweden comply with these criteria and should be eligible for the same protection and extended to non-native support. and today, 18 November, am legally running for refugees and asylum, not in the United States, not Israel, but here in Sweden, my own country.Nonsense?  There is no doubt. I can only hope that my application will be dismissed summarily. But the situation is beyond absurd, beyond publishing and strongly worded letters of protest. The situation demands 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.

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.)

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.

Obama Sends Greetings To Sikhs Celebrating Birthday of First Sikh Guru

a Yesterday, 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.  

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).

Shinto Is Growing Force In Japanese Politics

  The Japan Times yesterday carried an interesting article on the growing influence of Shinto in Japanese politics. Japan’s education minister, Hakubun Shimomura, is concerned about the negative self-image Japanese high schoolers have. His solution is more moral and patriotic education. This is part of a broader political movement:Many of the nation’s top elected officials, including [Prime Minister Shinzo Abe and Education Minister Shimomura] ... are members of ... Shinto Seiji Renmei (officially, the Shinto Association of Spiritual Leadership...). A sister organization, the Shinto Political Alliance Diet Members’ Association boasts 240 lawmakers, including 16 out of the government’s 19-member Cabinet....Seiji Renmei sees its mission as renewing the national emphasis on "Japanese spiritual values." In principle, this means pushing for constitutional revision and patriotic and moral education, and staunchly defending conservative values....The American Occupation of 1945-51 ended Shinto’s status as a state religion and attempted to banish its influence from Japan’s public sphere, notably its emphasis on a pure racial identity linked to the Emperor. The core element of this belief, ruthlessly enforced through the education system, was the emperor’s divine status as a direct descendant of the sun goddess Amaterasu. Though weakened, Shinto conservatives in Japan “were simply biding their time” until they could restore the religion’s rightful place in Japanese society.... 

Britain's Court of Appeal: Christian Radio Ad Barred By Ban On Political Advertising

 Ley de comunicaciones 2003 de Gran Bretaña prohíbe la difusión de cualquier "anuncio que se dirige hacia un fin político".  En Londres cristiana Radio Ltd. v Radio publicidad centro de autorización (App. CT., 19 de noviembre de 2013), la Inglaterra & Gales Tribunal de apelación de una decisión 2-1 sostuvo que un anuncio de propuesta de un editor de revistas cristianas que debía ejecutarse en una emisora de radio cristiana viola esta prohibición.  El anuncio propuesto declarado:Somos CCP. Las encuestas han mostrado que más 60% de cristianos activos consideran que los cristianos están siendo cada vez más marginados en el lugar de trabajo. Estamos preocupados obtener los datos más precisos para informar el debate público. Entonces utilizaremos esta información para ayudar a hacer una sociedad más justa. Por favor visite CCPmagazines.co.uk y reportar sus experiencias.Al defender la decisión del centro de despacho Radio publicidad para el anuncio de la barra, señor justicia Dyson dice en parte:Lo que importa es el efecto de un anuncio en el debate político. La pregunta es si frustrará el objetivo estatutario de garantizar que, tan lejos como sea posible, el campo de juego del debate político es un nivel...Señor justicia Elias disidente dice en parte:La única cuestión es si, considerado objetivamente y por centrarse únicamente en el anuncio, el oyente está siendo sometido a un mensaje político parcial... El hecho de que el propósito es permitir al anunciante en el futuro pretenden ejercer tal influencia y funcionar como un grupo de presión más eficaz no supone, en mi criterio equivalen a una violación de [la ley].The Huffington Post Reino Unido informa sobre la decisión.

Decree of consent in EEOC suit against cars that refused to hire Sikh

The EEOC announced yesterday the entry of a consent decree in a lawsuit against a car dealership in New Jersey by refusing to hire a Sikh man as Associate sales because their religiously required beard did not meet the company clothing. The Decree of EEOC v. United Galaxy Inc., d/b / Tri-County Lexus, (D-NJ), orders to the dealership to pay $50,000 for damage not reasonably meet religious exercise of Gurpreet Kherha. The Decree also orders future discrimination, requires training against the discrimination of personnel and publication of related information.

The Chippewa Indians white ground adopted new Constitution with religious protections

On 19 November, members of the White Earth Chippewa in Minnesota nation adopted a new tribal Constitution. (Full text). According to the web site of the tribe, the tribal Council earlier this year voted unanimously to hold a referendum on the draft that was the product of four constitutional conventions between 2007 and 2009.  In the vote on Tuesday, tribal members 2.780 (79.61%) voted to approve the Constitution and 712 (20.39%) voted against. According to Fargo Forum on Tuesday, the vote means that the White Earth reservation is breaking the 5 other tribes that make up the Chippewas of Minnesota. Included in the new Constitution is this provision on religious freedom:Chapter 3. Art. 1: The Earth nation white will make no law which would establish a religion, or laws that deny freedom of expression of religion, expression, or of the press, and electronic communication.This goes beyond the federal provision of the Indian Civil Rights Act (25 USC Sec. 1302) that requires tribal governments to respect the free exercise of religion, but does not prohibit the establishment of religion.  MRzine has more background on the new Constitution of the White Earth nation.

Illinois Governor signs law on marriage equality; Catholic Bishop responds with prayers of exorcism

The Chicago Tribune reports that yesterday the Governor of Illinois, Pat Quinn enacted equitable marriage, legalization of marriages of same-sex unions in the State and freedom of religion. (See previous related registry). The law takes effect June 1, although some are pushing for additional legislation to accelerate the entry into force.  Meanwhile, in Springfield, Illinois, Catholic Bishop Thomas Paprocki celebrated a service, largely in latin, to offer prayers of supplication and exorcism in reparation for the sin of same-sex marriages.  In his homily (full text), says in part:Our prayers at this time you are prompted by the fact that the Governor of Illinois today is signing the Illinois law the redefinition of civil marriage, presenting not only an innovation unprecedented in our State, law but also to institutionalize an objectively sinful reality...Our prayer today and my words are not meant to demonize anyone, but is intended to draw attention to the influences of the evil of the devil which have penetrated our culture, the State and the Church...From the redefinition of the legal marriage is contrary to God's plan, those who contract a civil marriage of same-sex unions are guilty of grave sin. The responsible politicians to enact civil same-sex marriages are morally complicit as cooperators in the facilitation of this grave sin...Should also affirm the teaching of the Catholic Church that homosexual persons "must be accepted with respect, compassion and sensitivity..." The Church loves to homosexual persons and on them with compassion, offering assistance through support as the apostolate groups courage to live according to the virtue of chastity.

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.]

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.

Court Will Approve Settlement In Class Action By Michigan Muslim Inmates

 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.