Defendants’ actions were designed to prevent disorder as the result of the exercise by Plaintiffs of their constitutional rights. Officials interfered with Plaintiffs’ speech only after making an effort to impose order and only when they perceived imminence of further violence and feared, due to the sheer size of the Festival and the number of attendees, that things would spiral out of control. The Court further finds that Defendants acted reasonably in trying to protect Plaintiffs from the crowd  before they intervened and that the “strong interest in ensuring the public safety and order” justified Defendants’ intervention.

As for the evangelists' claims that their free exercise rights were violated, the judge said the facts alleged were insufficient.

Plaintiffs have failed to provide any evidence supporting their contention that their free exercise rights were violated. In fact, the Court notes that other than to recite to myriad case law, Plaintiffs have failed to provide any details regarding their free exercise claim. The Court will not piece the argument together on behalf of counsel. Put differently, Plaintiffs may not merely announce a position and leave it to the Court to determine and rationalize the basis of this claim. Given the absence of legal argument coupled with the dearth of factual support, Defendants are entitled to summary judgment on Plaintiffs’ free exercise claim as a matter of law.

The 11th Circuit Court of Appeals yesterday overturned the dismissal of a Florida prisoner's lawsuit demanding kosher meal options. Florida's Department of Corrections announced a policy change that would allow for such meals, but the appeals panel ordered the hearing to proceed because nothing prevented the state from undoing that change.

Bruce Rich cites the Religious Land Use and Institutionalized Persons Act (RLUIPA) in his case against the state. RLUIPA prevents the state from substantially burdening an inmate's religious exercise unless there is a compelling government interest and the policy is narrowly tailored to meet that objective. Here, Florida claims that safety and cost concerns justify the prior refusal to provide kosher meal options, but the court found the safety concerns raised by the state to be "speculative," and the cost claims to be "unsupported by the record." Those are questions of fact, the panel ruled, for the trial court to determine.

You can read the 11th Circuit's decision here. A Miami Herald story is here.

A student in Oklahoma created a stir by urging his school to remove the Ten Commandments from the hallways. The Freedom From Religion Foundation threatened to file a lawsuit if they remain up. Unfortunately, many in the school are turning their anger toward the student who complained.

[T]he anonymous student who first contacted the FRFF took to Reddit to lament that his classmates have “started to figure out” it was he who sent the letter.

“All I have received [since then] were dirty looks and an argument with a rather large linebacker,” he wrote. “I am not upset at that because I expected that, what I am upset about is the fact that my little sister has been yelled at…

The School Board of Muldrow County met last night and has apparently decided to remove the plaques rather than risk a lawsuit with dim prospects of success.

In response to the IRS scandal over politically motivated tax audits, an Ohio Congressman is proposing a new law that would criminalize such behavior. Rep. Mike Turner’s (R-OH) legislation would make a felony any IRS discrimination on the basis of religious or political viewpoints or expressions.

IRS employees are already prohibited from targeting anyone for their political or religious beliefs, but the harshest penalty for it under current law is termination.
Turner’s bill would make the criminal penalty for such actions a $5,000 fine, up to five years in prison or both — the same penalties that a member of the president’s cabinet would face for these kinds of actions.

You can read the bill (via The Hill) here.

The Chattanooga Times Free-Press profiled one elementary school's efforts to deal with Bible distribution given the county's policies. Their experience raises emerging issues regarding religious neutrality and equal access in schools. Namely, may school officials allow some outside groups to distribute literature while denying religious groups the same access to children to protect chuch-state separation? Does neutrality require no promotion of religion? Or does it require the promotion of all religions?

Hamilton County's practice is all-or-nothing when it comes to making outside materials available to students, said school board attorney Scott Bennett. If a principal allows the Boy Scouts to distribute leaflets, then the same privilege must be afforded to the Gideons, Catholic groups or Muslim groups.

"We cannot create a barrier to the distribution of religious literature that is not in place for secular literature," Bennett said. "We have to be viewpoint-neutral."

 When it comes to distributing religious texts at elementary schools, do they?

New Jersey Governor Chris Christie has a plan for improving the infrastructure of universities in the state. State funds in the amount of $1.3 billion for technology enhancements and other capital projects will go to public and private institutions. Some religious liberty concerns have been raised, however, regarding some of the intended recipients, including the Princeton Theological Seminary and an orthodox Jewish Seminary, Beth Medrash Govoha.

In both instances, the two schools train prospective clergy members. One lawmaker raised question about the seminary money because it is coming out of a fund for publicly funded schools.
...
Sean Collins, a spokesman for the governor, issued a statement Wednesday saying “the issue is under review.”

 While some groups argue taxpayer money for training clergy violates the separation of church and state, others counter that denying them the funds would violate principles of equal access. This is a tough issue, echoing the FEMA funds controversy from earlier this year. Which is the neutral position for government?

There are a few reasons to read this piece at Take Part. First, it tells the story of a school district in Arkansas that decided to shut down 6th grade graduation ceremonies altogether, rather than end the practice of having prayer recited during the event. I am not sure 6th graders need graduation ceremonies, but is this a good reason to cancel? 

“The Arkansas Society of Freethinkers is disappointed that Riverside school cancelled its graduation simply because the school couldn’t sponsor a prayer,” Anne Orsi, a member of the Arkansas Society of Freethinkers, told TakePart. “We think that the students are the big losers in this astonishing display of religious selfishness on the part of the school’s administration. There is absolutely no reason the graduation ceremony cannot continue without forcing the attendees to submit to a public prayer. There is no reason to punish these children.”

Private ceremonies are now likely to be held for Christian 6th-grade students at a local church.

The second good reason to read the article is that it gives a nice rundown of other graduation disputes popping up around the country.

Lastly, author Suzi Parker elicited a ridiculous quote from former Arkansas Governor and presidential candidate Mike Huckabee, explaining why we should allow state-sponsored prayer in school. Check it out.

In a statement released today, signed by the Baptist Joint Committee's Brent Walker, religious liberty advocates urge Congress to ban religious profiling by law enforcement in immigration legislation currently being debated in the U.S. Senate. Here is an excerpt (read the entire statement here):

As written, the bill omits these categories, prohibiting profiling based only on race and ethnicity. This glaring loophole must be closed.

By omitting religion and national origin in this manner, Congress would effectively give law enforcement the go-ahead to target Americans based on these defining characteristics. This is particularly true since other sections of this very bill prohibit discrimination based on religion, as do countless civil rights laws, always alongside race, ethnicity and national origin, leading to the inference that such an omission is intentional.

[W]hen law enforcement profiles individuals based solely on their real or perceived religion, it undermines our nation’s commitment to religious liberty and equal protection of the law—not to mention our security. Furthermore, such actions not only have the effect of discriminating against religion generally and religious minorities in particular, but also fuel divisiveness by casting suspicion over an entire religious community.

 Senator Mazie Hirono has introduced an amendment to correct this mistake. The Senate should adopt it.

Religious messages on signs football players run through before games at a public high school in Texas are constitutional, according to a Texas judge. The banners, which are created by school cheerleaders and displayed on the field prior to the game, were the subject of an Establishment Clause challenge. After a letter of complaint, the school district became concerned - reasonably so - that the signs create the impression that the school endorses the religious messages.

I would love to pass on an eloquent summary of the judge's legal reasoning. After all, Establishment Clause cases are among the most difficult to wade through. The law in this area can be complex to parse and apply, its balancing tests often tough to predict. Unfortunately, here Judge Steven Thomas didn't give a written explanation for his order, which you can read here.

The attorney for the cheerleaders indicated in an ABCNews report that he does not expect the school district to appeal. We may not have heard the end of this issue generally.