Saturday, November 21, 2015

Texas State Trooper Sues Over Religious Harassment By Co-Workers

According to the Austin Statesman, Texas state trooper Patsy Jones, assigned to work at the state Capitol, has filed a religious discrimination lawsuit alleging that her colleagues harassed her about being religious because she often reads her Bible at work.  She says that when she complained, her supervisor at the Texas Department of Public Safety suggested mediation with fellow-employees. When she declined, she was ordered to work from home for 6 months, and was then assigned to the night shift.

Suit Claims Four NY Yeshivas Deny Male Students Adequate Secular Education

The Lower Hudson Journal News reports that on Friday a class action lawsuit was filed in a New York federal district court by parents of students who attend various Orthodox Jewish schools in the East Ramapo school district and by former students of the schools claiming that the schools deny male students adequate secular coursework.  According to the report:
The claim contends that four Hasidic yeshivas in Monsey, Spring Valley and New Square do not teach English, "basic literacy, calculating, and verbal skills necessary to enable children to eventually function productively as civil participants."
The lawsuit also alleges that defendants have broken the law by:
  • Failing to hire or train teachers and staff "capable" of teaching secular studies. 
  • Discriminating against boys by providing girls with more robust secular studies.
  • Failing to oversee or control yeshivas' use of tax money for their designated secular education purposes.
  • Failing to properly equip students with English and other skills necessary to obtain employment, creating generations of people who are dependent on government assistance.
The suit asks the court to order and enforce a requirement of 3 hours per day of secular studies with competent teachers, and asks for remedial courses for prior graduates of the schools.

UPDATE: Here is the full text of the complaint in Doe v. State of New York, (SD NY, filed 11/20/2015). [Thanks to Friendly Atheist for the link to the complaint.]

Friday, November 20, 2015

Candidate Ted Cruz Is Organizing A National Prayer Team To Support His Bid

Yesterday Republican Presidential hopeful Sen. Ted Cruz announced that on Dec. 1 he will launch a national prayer team known as "A Time for Prayer." According to the announcement:
“A Time for Prayer”, led by Cruz Crew volunteers, is dedicated to a focused season of prayer on behalf of the nation, presidential candidate Ted Cruz, his family and staff, and the campaign.
Those interested in joining the National Prayer Team can visit www.tedcruz.org/pray to sign up. Members will receive weekly emails containing prayer requests and a short devotional. Each Tuesday, members will be invited to a 20-minute prayer conference call.

Trump's Call For Registration of U.S. Muslims Criticized By Democrats and Many Fellow-Republicans

The New York Times today reports that Democrats and many fellow-Republicans are criticizing Republican presidential hopeful Donald Trump's remarks supportive of a system to register all Muslims in the country.  Trump said it is merely an issue of "management." Hillary Clinton called Trump's comments "shocking rhetoric." Former Gov. Jeb Bush said in response to Trump's position: "You talk about closing mosques, you talk about registering people — that’s just wrong."

Nigerian State Will Monitor Churches and Mosques To Fight Hate Preaching

Vanguard reports today that in Nigeria, the Lagos state governor's office says it will take action to combat religious intolerance:
State Commissioner for Home Affairs, Dr. Abdulhakeem Abdullateef, explained that the government would stop any religion leader who preaches hate messages that is capable of endangering people’s freedom.  According to him, "Henceforth, we’ll start to monitor mosques and churches and ensure that clerics do not engage in hate preaching."...
Let it be known to residents that henceforth, Lagos government in collaboration with Nigeria Inter- Religious Council (NIREC), will not tolerate hate preachers. These are the people who do not preach their religion but continue to spread mischief about people of other religions. We will not tolerate religious intolerance.

EEOC Releases Its 2015 Performance Report

The U.S. Equal Employment Opportunity Commission yesterday released its 2015 Performance and Accountability Report. (Full text.) The lengthy report focuses on how well the agency has implemented three performance objectives in combating employment discrimination: strategic law enforcement; education and outreach; and excellent and consistent service through a diverse workforce.

Library Settles Challenge To Use of Meeting Rooms and Changes Its Rules

Library Journal reported yesterday that the Lawrence, Massachusetts pubic library has changed the rules for the use of its meeting rooms after the city settled a lawsuit (see prior posting) challenging the ban on using the rooms for political or religious advocacy. The suit was brought by Liberty Counsel whose application to use a room for a session that would include prayer, hymns and an appeal to return the country to Christian values was turned down. The revised rules exclude use of meeting rooms only for private social events or for groups soliciting business, trying to make a profit or fundraising.

Thursday, November 19, 2015

Defense Authorization Act Encourages Religious Diversity In The Armed Forces

After an initial veto by President Obama of the 2016 National Defense Authorization Act, Congress passed a revised version last week and on Monday sent it to the President for his signature.  It is expected the President will sign the bill. (Defense One.) The 1278-page bill (full text) contains at least 3 provision relating to religion or religious services in the military.

Section 504 permits extension of the mandatory retirement age of a chief chaplain or deputy chief of chaplains to 68. Section 898  provides that the Department of Defense may not preclude non-profit organizations from competing for contracts for religious related services at military installations.

The most important religion-related provision, however, is Section 528 which is a "sense of Congress" resolution encouraging diversity in the military. It reads:
(a) Findings-- Congress finds the following: (1) The United States military includes individuals with a variety of national, ethnic, and cultural backgrounds that have roots all over the world. (2) In addition to diverse backgrounds, members of the Armed Forces come from numerous religious traditions, including Christian, Hindu, Jewish, Muslim, Sikh, non-denominational, non-practicing, and many more. (3) Members of the Armed Forces from diverse backgrounds and religious traditions have lost their lives or been injured defending the national security of the United States. (4) Diversity contributes to the strength of the Armed Forces, and service members from different backgrounds and religious traditions share the same goal of defending the United States. (5) The unity of the Armed Forces reflects the strength in diversity that makes the United States a great nation.
(b) Sense of Congress-- It is the sense of Congress that the United States should (1) continue to recognize and promote diversity in the Armed Forces; and (2) honor those from all diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Forces.

County Tries To Neutralize Courthouse Drawing of Jesus By Hanging Many Other Paintings

The Lexington Herald-Leader on Monday reported that a Kentucky county judge-executive responded to a complaint about a picture of Jesus hanging in the local courthouse by inviting local artists to submit other pictures to hang along side it.  After the Freedom From Religion Foundation sent a letter to Breathitt County Judge-Executive John Lester “JL” Smith in August asking him to remove the drawing of Jesus, Smith's response was to seek other artwork so that the walls now feature everything from landscapes to a portrait of Rachel Maddow to a drawing of Mr. Magoo.  An FFRF attorney argues however that this does not cure the original religious purpose for hanging the charcoal of a man kneeling before Jesus with the caption "In your place what would Jesus do."

Wednesday, November 18, 2015

CORRECTION: No Injunction Issued Against California's Reproductive FACT Act; Case Still Pending

Based on an error in a report by a news service, Religion Clause incorrectly reported last week that a California federal district court had issued a preliminary injunction barring the state of California from enforcing its recently enacted Reproductive FACT Act against two religiously affiliated pregnancy counseling centers. A proposed order has been filed by plaintiffs in A Woman's Friend Pregnancy Resource Center v. Harris, but a hearing on it will not take place until Dec. 18. Thanks to Stephen Blakeman for alerting me to the error, which the news service caught two days ago.

Kasich Would Create Agency To Promote Judeo-Christian Values To Counter ISIS

In a speech at the National Press Club yesterday, Ohio Governor John Kasich, a contender for the Republican presidential nomination, told his audience that if elected he would set up an agency with a mandate to promote Judeo-Christian values around the world.  According to the Huffington Post, Kasich says the agency would promote human rights, democracy and the freedom of speech, religion and association as a counter to the message of Islamic militants. Kasich would distribute the information to countries in the Middle East, and to China, Iran and Russia as part of the "battle of ideas" with ISIS.

Facebook Is Immune From Suit For Removing Sikh Group's Page In India

In Sikhs For Justice ("SFJ"), Inc. v. Facebook, Inc., (ND CA, Nov. 13, 2015), a California federal district court dismissed a lawsuit by a Sikh human rights group that objected to Facebook's blocking of access in India to the group's Facebook page.  The suit alleges that Facebook discriminated in violation of the public accommodation provisions of the 1964 Civil Rights Act when it collaborated with the government of India in retaliating against SFJ for its online campaign complaining about the treatment of Sikhs and promoting an independent Sikh state. (See prior posting.) The court held that Sec. 230 of the Communications Decency Act immunizes Facebook from liability.  That section immunizes interactive computer services from liability as a publisher of content posted by third parties.  The court agreed with Facebook that the lawsuit "is entirely based on Defendant’s blocking of the SFJ Page in India, which is publisher conduct immunized by the CDA." Courthouse News Service reports on the decision.

U.S. Catholic Bishops Debate Voters' Guide In Light of Pope Francis' Priorities

The U.S. Conference of Catholic Bishops report that among the actions taken yesterday at their Fall General Assembly was the adoption of a new introductory note to and limited revision of their quadrennial statement on political responsibility, "Forming Consciences for Faithful Citizenship." According to Religion News Service yesterday, the debate on revision of this voters' guide highlighted the split between those bishops who want to echo the priorities of Pope Francis and those who support more traditional priorities. San Diego Bishop Robert McElroy, objecting that revisions had not gone far enough, told the Assembly:
I believe that this document is gravely hobbled. Specifically, I think the pope is telling us that alongside the issues of abortion and euthanasia — which are central aspects of our commitment to transform this world — poverty and the degradation of the Earth are also central.  But this document keeps to the structure of the worldview of 2007. It does not put those there.

India's Supreme Court Orders Crematorium Moved To Save Taj Mahal From Pollution Damage

In India yesterday, the country's Supreme Court ordered an over 200-year old crematorium near the Taj Mahal to either close down or be replaced by an electric crematorium.  According to the Times of India, smoke from the wooden funeral pyres burning 500 feet away from the Taj Mahal are causing deterioration of the Taj Mahal's marble dome and minarets. The white marble dome is now yellow with pollution from the 25 cremations every day.  Pro-Hindu political parties and religious groups oppose moving the crematorium.

Tuesday, November 17, 2015

New Muslim Political Party Launched In Australia

In Australia yesterday, a Sydney businessman launched a new political party, the Australian Muslim Party.  According to 9News, the new party hopes to run candidates for the Senate in all states and territories next year.  Businessman Diaa Mohamed, founder of the new party, says that  it is important that the Muslim community have a political voice.  The party was formed in part in response to the recent creation of six anti-Islamic parties.  Non-Muslims are welcome to join the party.

Organization Launches 13th Annual "Friend or Foe Christmas" Campaign

Liberty Counsel announced yesterday that it is launching its 13th annual Friend or Foe Christmas Campaign.  It says the purpose of the campaign is "to make sure Christmas is not censored in public places."  As part of the campaign, Liberty Counsel publishes its Naughty or Nice list of retailers, praising those who use "Christmas" in their products and ads, while panning those which instead use the more generic term "Holiday." The campaign also seeks to encourage governmental organizations to embrace Christmas, saying: "public officials in schools and county offices are often cowering to grinch-like atheist organizations threatening lawsuits."

Republican Candidates Express Concerns About Muslims In U.S. After Paris Terrorism

The New York Times reported yesterday on statements by Republican presidential candidates reflecting a growing suspicion of Muslims after the recent terrorism in Paris:
[Donald] Trump, who said last month that he would be open to shutting down mosques as part of the fight against Islamic State militants, reiterated on Monday that the idea should be “studied.”
“I would hate it do it but it’s something that you’re going to have to strongly consider because some of the ideas and some of the hatred, the absolute hatred, is coming from these areas”....
Ben Carson ... called on Congress to defund its program to give safe passage to Syrian refugees. The retired neurosurgeon also suggested....  “I believe that we need to put a lot more pressure on the clerics, the imams, to make a very distinct line between what ISIS, ISIL, the radical Islamic jihadists are doing, and what traditional Islam is about”....
Jeb Bush ... also expressed concern about refugees from the Middle East entering the United States and said ... Christians and Muslims who are fleeing Syria should be treated differently. “We should focus our efforts as it relates to refugees for the Christians that are being slaughtered,” Mr. Bush said.
At a news conference, President Obama particularly criticized suggestions that there should be a religious test for which refugees will be admitted.

Monday, November 16, 2015

FBI Releases 2014 Hate Crime Statistics

The FBI this morning released its report on Hate Crime Statistics 2014.  The report shows 5,479 criminal incidents motivated by bias toward race, gender, gender identity, religion, disability, sexual orientation, and ethnicity. This is down from 5,928 in 2013.  A further breakdown of the data shows that 17.1% of the single-bias incidents were motivated by religious bias.  18.7% were based on bias toward sexual orientation, and 48.3% reflected racial bias. Of the 1,140 victims of hate crimes motivated by religious bias, 56.8% were motivated by anti-Jewish bias, while 16.1% were motivated by anti-Muslim bias. 6.1% of the incidents were anti-Catholic; 2.5% were anti-Protestant; and 1.2% were anti-Atheist/Agnostic.  11% of the incidents were based on bias against other religions. [Thanks to Michael Lieberman for the lead.]

Recent Articles of Interest

From SSRN:
From elsewhere:

Sunday, November 15, 2015

Recent Prisoner Free Exercise Cases

In Wolcott v. Board of Rabbis, 2015 U.S. Dist. LEXIS 151861 (ED CA, Nov. 6, 2015), a California federal magistrate judge recommended dismissing an inmate's complaint that he was not permitted by Jewish chaplains to convert to Judaism because he was serving a life sentence.

In Womack v. Perry, 2015 U.S. Dist. LEXIS 152588 (ED CA, Nov.10, 2015), a California federal magistrate judge dismissed with leave to amend an inmate's general complaint that the warden has denied inmates in C-yard Friday services for the past 8 months.

In Atkinson v. MacKinnon, 2015 U.S. Dist. LEXIS 153033 (WD WI, Nov. 12, 2015), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that retaliatory action (reducing his prison job grade and hours) was taken when he complained of religious harassment.  The court held that plaintiff had no more administrative remedies because the warden had promised to investigate his claim.

In Spears v. Curcillo, 2015 U.S. Dist. LEXIS 153320 (MD PA, Nov. 12, 2015), a Pennsylvania federal district court permitted an inmate to move ahead with his complaint that his Bible was confiscated when he was moved into the Restricted Housing Unit.

In Holcomb v. Quinn, 2015 U.S. Dist. LEXIS 153572 (D SC, Nov. 12, 2015), a South Carolina federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 153789, Oct. 21, 2015), and dismissed without prejudice an inmate's complaint that the free exercise rights of a 3A Qabalah group were infringed when a corrections officer required them to remove the strings they wore on their left wrists.