Mexico Charges Priest With Electioneering Offense

In Mexico on Tuesday, prosecutors-- in a first of its kind case-- filed charges of "vote pressuring" against a Roman Catholic priest. The offense is punishable by a fine.  AP reports:

Prosecutors accuse the priest and two former mayoral candidates of participating in a Mass at a church in the town of Chiautla, in the state of Mexico. The priest allegedly blessed the candidates, and the Mass was allegedly touted as the opening of their campaigns.

Under Mexican law, clergy are not allowed to endorse political candidates. [Thanks to Scott Mange for the lead.]

European Commission Meets With Religious Leaders

According to a European Commission press release, yesterday the Commission sponsored the 12th annual high-level meeting with religious leaders from across Europe to discuss Migration, Integration and European Values. European Commission First Vice-President Frans Timmermans who hosted the meeting said:

Religious leaders play a pivotal role to spur the integration and participation of all their members in Europe as full Europeans, no matter the place of their cradle, no matter their creed. Through these dialogues we identify those common fundamental values that bind us, instead of harping on the issues that divide us.

Article 17 of the Treaty of Lisbon calls for the European Union to maintain open, transparent and regular dialogue with churches and with philosophical and non-confessional organizations. The meeting included Catholic, Orthodox, Protestant, Mormon, Muslim, Jewish, and Hindu religious leaders. In June, the Commission held a similar conference with philosophical and non-confessional organizations. [Thanks to Law & Religion UK for the lead.]

British Plastic Banknotes Raise Problems For Vegans

In Britain, vegans and vegetarians are protesting the country's new currency.  According to The Independent yesterday, the new £5 notes printed on polymer rather than paper contain animal fat. A spokesperson for the Bank of England said of the new banknotes:

We can confirm that the polymer pellet from which the base substrate is made contains a trace of a substance known as tallow. Tallow is derived from animal fats (suet) and is a substance that is also widely used in the manufacture of candles and soap.

Further details about production were not released, but depending on the kind of animal fat used the bills could also create problems for certain religious groups.

Muslim Lawyers' Groups Strategize Over Trump Administration

National Law Journal reported Monday that Muslim lawyers' groups around the country are planning ahead for the issues that may arise in the Trump administration, saying in part:

"People right now are struggling to figure out where we're going to focus our efforts," said Fatema Merchant, a member of the Capital Area Muslim Bar Association (CAMBA) board....

Civil rights, hate crimes, First Amend­ment protection, immigration law and election law are some of the concerns of the 100-member organization.... The challenge is to determine how to spend the group's energy. "We can't do everything," she said.

CAMBA is among Muslim attorney groups nationwide grappling with changes expected in the professional and private lives of Muslim lawyers following Trump's election. Of particular worry is his proposal to create a Muslim registry.

Final Texas Rules On Disposal of Fetal Remains Are Adopted

Texas Tribune reports that yesterday the Texas Health and Human Services Commission filed final rules on disposition of fetal tissue with the Secretary of State's office.  Under the rules, which take effect December 19, hospitals, abortion clinics and other health care facilities may not dispose of fetal remains in sanitary landfills and instead are required to cremate or bury all remains regardless of the period of gestation. Amendments to the proposed rules that appear in the final rules clarify that the requirements do not apply to miscarriages or abortions that occur at home. Also, to protect privacy, birth or death certificates will not be required before disposal. Health care facilities, not patients, will be responsible for the costs of burial or cremation. [Thanks to Scott Mange for the lead.]

Pakistan Sentences 5 To Death In Killing of Christian Couple Over Supposed Qur'an Burning

Last Wednesday a judge on Pakistan's Anti-Terrorism Court imposed the death sentence on five Muslims for torturing and killing a Christian couple who, it was alleged, had burned pages from the Qur'an in the brick kiln where they worked. Eight others were sentenced to two years in prison. Morning Star News, reporting on the sentences, recounts:

Hundreds of villagers in Kot Radha Kishan, incited by Muslim leaders calling for violence via mosque loudspeakers, were involved in the Nov. 4, 2014 assault in which 26-year-old Shahzad Masih and his five-months pregnant wife, Shama, 24, were thrown into a burning brick kiln....

Masih and his wife worked as bonded laborers at the brick kiln when the throng descended on them after area Muslims accused them of committing blasphemy by burning Quranic pages....

On Nov. 2, 2014 Shama Masih was cleaning her quarters ... when she found amulets of her late father-in-law, who had used them in the practice of black magic. The amulets may have contained koranic verses, and a Muslim co-worker, Muhammad Irfan, noticed half-burnt papers and accused the family of desecrating the Koran, relatives said.

Supreme Court Denies Cert. In Ecclesiastical Abstention and RFRA Cases

The U.S. Supreme Court today denied review in Pfeil v. St. Matthews Evangelical Lutheran Church, (Docket No. 16-210, cert. denied 11/28/2016) (Order List).  In the case the Minnesota Supreme Court held that the 1st Amendment's ecclesiastical abstention doctrine prohibits holding a church and its pastors liable in a defamation action for statements made during church disciplinary proceedings seeking to excommunicate plaintiffs. (See prior posting.)

Today the Supreme Court also denied certiorari in Oklevueha Native American Church of Hawaii v. Lynch, (Docket No. 16-418, cert. denied 11/28/2016) (Order List). In the case the 9th Circuit, rejecting a RFRA defense, held that a church and its founder were properly denied an exemption from federal laws that prohibit the possession and distribution of cannabis. (See prior posting.)

Recent Articles of Interest

From SSRN:

• Carissima Mathen & Michael Plaxton, Legal Education, TWU, and the Looking Glass, ((2016) 75 Supreme Court Law Review (2d) 223).
• Asli U. Bali & Hanna Lerner, Constitution Writing, Religion and Democracy: Introduction, (Constitution Writing, Religion and Democracy, Cambridge University Press, 2017, Forthcoming).
• Darrell A. H. Miller, Institutions and the Second Amendment, (66 Duke Law Journal 69 (2016)).
• Alexander Tsesis, Campus Speech and Harassment, (Minnesota Law Review, Vol. 101, 2017).
• Brian Christopher Jones & Austin Sarat, Justices As 'Sacred Symbols': Antonin Scalia and the Cultural Life of the Law, (British Journal of American Legal Studies (2017) Forthcoming.).
• David L. Sloss, Incorporation, Federalism, and International Human Rights, (Human Rights and Legal Judgments: The American Story (Austin Sarat ed., Cambridge Univ. Press 2017).
• Melissa Murray, Obergefell v. Hodges and Nonmarriage Inequality, (104 Calif. L. Rev. 1207 (2016)).
• Sandra Alcaide & Lynne Marie Kohm, Obergefell: A Game-Changer for Women, (14 Ave Marie L. Rev. 101 (2016)).

From SmartCILP and elsewhere:

• Luz E. Nagle & Bolaji Owasanoye, Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability, 45 Southwestern Law Reveiw 561-593 (2016).
• Stephanie N. Phillips, A Text-Based Interpretation of Title VII's Religious-Employer Exemption, 20 Texas Review of Law & Politics 295-340 (2016).
• Symposium Issue: Law, Stewardship, and the Dominion Mandate: Environmental Policy from a Christian Legal Perspective. Foreword by B. Keith Faulkner; introduction by Ian S. Lamont; articles by John Copeland Nagle, Lucia A. Silecchia, Tory L. Lucas and Edna Udobong. 10 Liberty University Law Review 331-500 (2016).
• Symposium on Religion and Family Law. University of Illinois Law Review, Vol. 2016, No. 4.

Before DeVos, Trump Offered Secretary of Education Post To Jerry Falwell, Jr.

As previously reported, Donald Trump last week picked school-choice advocate Betsy DeVos as his nominee for Secretary of Education.  AP reported yesterday that Trump had first offered the position to Liberty University president Jerry Falwell Jr.:

Falwell tells The Associated Press that Trump offered him the job last week during a meeting in New York. He says Trump wanted a four- to six-year commitment, but that he couldn't leave Liberty for more than two years.

Falwell says he couldn't afford to work at a Cabinet-level job for longer than that and didn't want to move his family, especially his 16-year-old daughter.

Recent Prisoner Free Exercise Cases

In Porter v. Wegman, (9th Cir., Nov. 23, 2016), the 9th Circuit reversed a distrcit court's summary judgment for defendant and remanded for trial an inmate's complaint that he was wrongly switched from a kosher diet to a vegetarian diet and was denied dietary accommodations during multi-day Passover observances.

In Davilla v. Watts, 2016 U.S. Dist. LEXIS 160966 (SD GA, Nov. 21, 2016), a Georgia federal magistrate judge recommended denying a preliminary injunction to a Santeria practitioner who sought additional ability to practice his religion.

In Sanford v. Madison County, 2016 U.S. Dist. LEXIS 161906 (SD IL, Nov. 22, 2016). an Illinois federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 161904, Nov. 4, 2016) and allowed a Muslim inmate to file an amended complaint alleging that defendants imposed unconstitutional restrictions on his religious practices.

In White v. Wright, 2016 U.S. Dist. LEXIS 161870 (ED WI, Nov. 22, 2016), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that jail authorities interfered with, and harassed him during, his prayers, and often denied him his vegan diet.

In Yah'Torah v. Hicks, 2016 U.S. Dist. LEXIS 162315 (D NJ, Nov. 22, 2016), a New Jersey federal magistrate judge permitted an inmate to reinstate the head of the Religious Issues Committee as a defendant in his suit complaining that he was denied access to fragrant oils for religious purposes.

In Hauseur v. Clark, 2016 U.S. Dist. LEXIS 162849 (ED CA, Nov. 22, 2016), a California federal magistrate judge recommended allowing amendments to assert claims under California's Civil Code 51.7 and the Bane Act by an inmate who complained about the standards for kosher meals he received and about the failure to provide Jewish religious services on many occasions. The court dismissed plaintiff's claim under the Unruh Civil Rights Act.

In Hedin v. Castillo, 2016 U.S. Dist. LEXIS 162528 (D OR, Nov. 23, 2016), an Oregon federal district court adopted a magistrate's findings (2016 U.S. Dist. LEXIS 163020, Sept. 27, 2016) and dismissed on various grounds claims by an inmate that changes had restricted his ability to practice his Asatru faith.

In Fletcher v. Kelly, 2016 U.S. Dist. LEXIS 162443 (ED AR, Nov. 23, 2016), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 163028, Oct. 28, 2016) and dismissed (for failure to exhaust administrative remedies against him) one of the defendants in a suit by a Cherokee Nation inmate who is seeking use of a sweat lodge and a number of other ceremonial items.

Canadian Court Refuses Parent's Religious Accommodation Request

In E.T. v. Hamilton-Wentworth District School Board, (ON Super. Ct. Jus., Nov. 23, 2016), an Ontario (Canada) trial court rejected an attempt by the father of two elementary school students to require his children's school to notify him in advance of specific curriculum areas being taught to his children so he could withdraw them from classes, lessons or activities that conflict with his Greek Orthodox religious beliefs.  The father contended that he has an obligation to protect his children from "false teachings," including moral relativism and issues surrounding human sexuality. While the school had a religious accommodation guideline and the parent had shown a sincere religious belief as to matters of marriage and sexuality that are inconsistent with the school's curriculum, the court upheld the school's refusal to grant his requested accommodation, saying in part:

Accommodation by non-attendance, which is sought by the applicant, would allow him to isolate his children from aspects of the curriculum that in his religious belief would amount to "false teachings". However isolation is antithetical to the competing legislative mandate and Charter values favoring inclusivity, equality and multiculturalism.

LifeSite News reports on the decision. 

British Court Rejects Challenge To Jewish Cemetery's Refusal To Allow Exhumation

In Britain this week, a High Court judge has denied an application for leave to obtain judicial review of a decision by a Jewish cemetery that refused to allow a man's body to be exhumed for reburial in Israel.  According to the Jewish Chronicle, the case involves the late Joseph Charazi who was buried in a Jewish cemetery in Hertfordshire in 1993. Charazi was born in Israel and his wife Anne claims his dying wish was to be buried back there. However in 1993 his widow could not afford to send his body that distance. In 2011, his widow herself moved to Israel and now wants to carry out Charazi's wishes even though 4 of Charzi's children oppose the move.  Adath Yisroel Burial Society that administers the cemetery followed a ruling of the rabbinate that the body should not be exhumed.  The court held that a decision of a religious body in a matter of a religious nature is generally not amenable to judicial review.

Lawyers Battle Over Upcoming Series On Scientology

On Nov. 29, the A&E Network will premiere the series "Leah Remini: Scientology and the Aftermath."  Since August the Church of Scientology has been sending letters to A&E and its parent ABC attempting to prevent the series from being aired. This week The Underground Bunker published 4 letters-- two from Leah Remini’s attorney Douglas E. Mirell, and replies from Scientology attorney Gary S. Soter summarizing them as follows:

In the exchange, Mirell calls Pouw’s many letters to A&E libelous and defamatory, accusing the church of maliciously trying to harm Remini’s reputation and interfere with her contract with A&E. Mirell demands that Scientology retract the letters and pay Remini $1.5 million as compensation. Soter, in his two replies, said the church would pay nothing and it stood by what it said about Remini.

President Issues 2016 Thanksgiving Day Proclamation

Today is Thanksgiving.  President Obama issued the formal Thanksgiving Day 2016 Presidential Proclamation yesterday.  It reads in part:

The Pilgrims were grateful they could rely on the generosity of the Wampanoag people, without whom they would not have survived their first year in the new land, and together they celebrated this bounty with a festival that lasted for days and prompted the tradition of an annual day of giving thanks.

This history teaches us that the American instinct has never been to seek isolation in opposite corners; it is to find strength in our common creed and forge unity from our great diversity. On that very first thanksgiving celebration, these same ideals brought together people of different backgrounds and beliefs, and every year since, with enduring confidence in the power of faith, love, gratitude, and optimism, this force of unity has sustained us as a people. It has guided us through times of great challenge and change and allowed us to see ourselves in those who come to our shores in search of a safer, better future for themselves and their families.

Indiana Appeals Court Hears Oral Arguments In RFRA Defense To Tax Evasion

On Monday, the Indiana Court of Appeals heard oral arguments (video of full arguments) in Tyms-Bey v. State of Indiana. In the case, defendant charged with tax evasion filed notice that he intended to raise a religious freedom defense under Indiana's Religious Freedom Restoration Act. The trial court struck the defense and defendant filed this interlocutory appeal.  Washington Post reports in more detail on the case.

Court Says Teacher Was Not Fired Because of His Religious Beliefs

In Diss v. Portland Public Schools, (D OR, Nov. 22, 2016), an Oregon federal magistrate judge granted summary judgment to defendants in a suit by former public school teacher William Diss who claims that he was fired because of his religious beliefs.  Diss, a devout Catholic, was active in the anti-abortion movement. When his school principal arranged for representatives of a federally-funded Teen Outreach Program to speak to students in various classes, Diss would not allow them to speak to his students because the outreach program was administered by the local Planned Parenthood organization. Diss pointed to this and to the principal's asking him to refrain from using religious phrases such as "God bless" in professional communications as evidence of violation of his First Amendment rights.  However, the court concluded:

Defendants have shown that they had valid, non-discriminatory reasons to discipline and terminate Plaintiff.  The record contains multiple reports from administrators and colleagues describing Plaintiff's ineffective and rigid teaching style, as well as a pattern of complaints about Plaintiff's disrespectful and demeaning conduct towards his students, colleagues, and administrators.

Trump Picks School Choice Advocate For Secretary of Education

The Detroit News reports that Donald Trump has chosen Betsy DeVos, a national leader in the school choice movement as his nominee for Secretary of Education:

DeVos is chair of the American Federation for Children, a Washington, D.C.-based single-issue organization devoted to expanding school of choice options across the country....

DeVos is a former Michigan Republican Party chairwoman whose husband, Dick, unsuccessfully ran for governor in 2006.

The DeVos family, heirs to the Amway Corp. fortune, are the most prolific donors to the Michigan Republican Party, GOP officeholders and candidates....

In 2000, Betsy and Dick DeVos funded an unsuccessful statewide ballot initiative to amend the state Constitution to allow tax dollars to be used for private school tuition through education vouchers. They have since advocated for school vouchers in other states.

Earlier today, before the choice was publicly announced, Breibart News carried an article opposing DeVos which it headlined: Potential Trump Education Chief Pick Betsy DeVos Is Pro-Common Core, Family Donated To Clinton Foundation.

UPDATE: DeVos says she is not a supporter of Common Core, clarifying her position on her website.

Court Again Refuses To Narrow Injunction Against Title IX Transgender Guidelines

In State of Texas v. United States, (ND TX, Nov. 20, 2016), a Texas federal district court denied defendants' request for a partial stay of the court's previously issued nationwide preliminary injunction against enforcement of Department of Education Title IX Guidelines barring discrimination by schools on the basis of gender identity. This is the second time the court has refused to narrow its preliminary injunction. Defendants had sought removal of non-plaintiff states from the reach of the injunction. The court said in part:

The Court remains convinced that Plaintiffs, not Defendants, have shown a great likelihood of success on the merits of their claims....   The federal statutes prohibiting discrimination on the basis of “sex”—the scope and meaning of which Defendants claim now includes gender identity—were promulgated more than forty years ago.... The federal government did not articulate, much less enforce, the Guidelines’ interpretation of sex as including gender identity for nearly fifty years after Title VII was passed in 1964 and the Court views this delay as strong evidence that Defendants will suffer no irreparable injury if a stay is denied and enforcement of the Guidelines delayed until their legality is established.

Liberty Counsel issued a press release announcing the decision.

2d Circuit Rejects Teacher's Suit Over Classroom Religious Displays

In Silver v. Cheektowaga Central School District, (2d Cir., Nov. 7, 2016), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by a Christian high school science teacher who was told to remove her classroom display of several Bible verses, other statements about God and a picture of three crosses on a hill. She was also told to prevent guest speakers from promoting religion religiously-themed postings from her classroom. (See prior posting.) The appeals court rejected the teacher's free speech, establishment clause and equal protection clause challenges. The Buffalo News last week reported on the decision.

Justice Department Sues Under RLUIPA Challenging Mosque Zoning Denial

Yesterday the Justice Department filed a civil lawsuit under the Religious Land Use and Institutionalized Persons Act against Bernards Township, New Jersey over the town's refusal to grant zoning approval for construction of a mosque. (DOJ press release). The complaint (full text) in United States v. Township of Bernards, New Jersey, (D NJ, filed 11/22/2016), contends that:

The mosque proposal met with vociferous public opposition. Flyers, social media, and websites denounced the mosque and were filled with anti-Muslim bigotry and references to terrorism and the 9/11 attacks....

The Planning Board ultimately held thirty-nine public hearings over three and a half years. The Planning Board had never held such a large number of hearings for any previous site plan application.... Since at least 1994, this was the first time that the Planning Board had denied a site plan application for a house of worship.