Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, October 31, 2006
For Halloween: Salem Witch Presses For Civil Rights
Anti-Gay Church Files Open Records Request In Topeka
Queen Elizabeth Reaches Out To Catholic Church
RLUIPA Suit Over Rural Maryland Christian School Project
Vatican Envoy Addresses UN On Religious Freedom
Monday, October 30, 2006
British Band May Need License To Play Jingle Bells
Saudi Arabia Opens To Tourists-- With Religious Limitations
Australian Catholic Church Skeptical Over Government Funding For Chaplains
More October Prisoner Free Exercise Cases
Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.
In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.
In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.
Bush's Faith-Based Policies Criticized
Bush promised his evangelical followers faith-based social services, which he called "compassionate conservatism." He went beyond that to give them a faith-based war, faith-based law enforcement, faith-based education, faith-based medicine, and faith-based science. He could deliver on his promises because he stocked the agencies handling all these problems, in large degree, with born-again Christians of his own variety.Extending his critique to the Iraq war, Wills concludes:
There is a particular danger with a war that God commands. What if God should lose? That is unthinkable to the evangelicals. They cannot accept the idea of second-guessing God, and he was the one who led them into war.
Sunday, October 29, 2006
Animal Rights Demonstrators Lose Establishment Clause Claim
Archbishop of Cantebury On Regulation of Religious Symbols
Vandalism Follows Teachers' Request To End School Board Prayer
Recent Articles and Books of Interest
- Constance Frisby Fain & Herbert Fain, Sexual Abuse and the Church, 31 Thurgood Marshall Law Review 209-238 (2006).
- Jonathan Klick, Salvation As a Selective Incentive, 26 International Review of Law & Economics 15-32 (2006).
- A. G. Roeber, The Law, Religion, and State Making In the Early Modern World: Protestant Revolutions In the Works of Berman, Gorski, and Witte, 31 Law & Social Inquiry 199-227 (2006).
- 12th Annual International Law and Religion Symposium: Religion and the World's Legal Tradition. Articles [links to full text] by Rex J. Abdar, Louis-Leon Christians, Cornel W. du Toit, Carolyn Evans & Christopher A. Thomas, (Pakistan) Justice Tassaduq Hussain Jillani, Tahir Mahmood, Javier Martinez-Torron and Paul M. Taylor, 2006 Brigham Young University Law Review 619-836.
- George W. Dent, Jr., Civil Rights for Whom?: Gay Rights versus Religious Freedom, (Sept. 2006).
- Newt Gingrich, Rediscovering God in America, (Integrity Publishers, Oct. 2006).
- Andy Olree, The Choice Principle: The Biblical Case for Legal Toleration, (University Press of America, Aug. 2006).
- Michael L. Weinstein & Davin Seay, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military, (St. Martin's Press, Oct. 2006).
Australians React To Muslim Cleric's Offensive Sermon
Subsequently Hilali and his spokepersons have both tried to explain the remarks and have apologized for them, as leading Muslim women condemned the remarks. Australia's Sex Discrimination Commissioner, Pru Goward, said the comments could be an incitement to crime. (BBC News (Thursday).) In an effort to prevent further fallout, it was announced Friday that Hilali will not preach sermons for the next two to three months. (Baku Today (Friday).)
2 State Courts Assert Jurisdiction In Break-Away Church Land Disputes
In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.
In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.
Saturday, October 28, 2006
New Religious Freedom Moot Court Competition
Cert. Filed In 9th Circuit Anti-Gay T-Shirt Case
Justice Department Cancels Controversial Religious Prison Program
Clergy Get Employment Protection In Britain
Controversial Mozart Opera Will Be Performed
Suit Against Air Force Academy Dismissed Without Reaching Merits
In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.
Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.
Court Denies Enlisted Doctor Conscientious Objector Status
Amish Couple Challenge USCIS Photo Requirement
Friday, October 27, 2006
Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons
The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).
Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight
Religious Remarks To Jewish Audience At Candidate Forum Backfire
Any Problem With Polling Places In Churches?
Israeli Government Sued By Individuals Required To Go Abroad For Marriage
Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption
Wisconsin City Opens Square For December Religious Displays
Thursday, October 26, 2006
Court Approves New Trust Terms To Privatize FLDS Property
Florida Appeals Court Again Orders Release of Convicted Midwives
Mississippi: Differential Penalties Create No Establishment Problem
Governments Focus On Jewish Divorce Issue
Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.
Accommodating Muslims Seen By Some As Anti-Christian
Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.
Polygamy In Canada and U.S.-- New Perspectives
Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.
Idaho City Will Vote On 10 Commandments Display
Prince Charles Wants Second Interdenominational Coronation
Wednesday, October 25, 2006
Conflict of Interest Charges In Wake of Christian Band Dispute
Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.
Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.
Rally Supports Tennessee School's Religious Activities
"Eruv" Project Faces Environmental Concerns
Mark Massara, director of the Sierra Club's California Coastal Program, criticizes the proposal that he says allows public property to be used for religious purposes. Coastal Commission staff is considering approval of the eruv for a three-year trial period.
Court Invalidates Canada's Definition of Terrorism
The court pointed out that one of the purposes of the clause in question was to limit the range of activities that would otherwise be covered by the act. However, the court said, this justification is outweighed by the freedoms-infringing impact of the provision. The court held that the act should be applied as if this clause did not exist. The Toronto Globe & Mail, covering the decision yesterday, pointed out that it will likely make it easier to obtain convictions under the act. Yesterday's New York Times article on the case quotes Lawrence Greenspon, lawyer for defendant Mohammed Momin Khawaja, a Canadian-born software developer who was charged in connection with a bomb plot, as saying that the definition of terrorism as a politically or religiously motivated crime has led to abuses by police and intelligence officers. He added, "That's why they're knocking on Muslim Canadians' doors and questioning and detaining people who are Arab or followers of Islam."
Newdow's Libel Suit Survives SLAPP Motion
Intelligent Design An Issue In Iowa Lt. Governor Race
Nuns Risk More Jail For Refusing To Pay Restitution To Air Force
Tuesday, October 24, 2006
Intelligent Design An Issue In Ohio School Board Races
Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.
Dispute At U of Tennessee On Student Funds For Christian Band
RLUIPA Dispute Brewing Over Expansion of California Synagogue
UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.
President's Statement On Eid al-Fitr
New Civil Marriage Bill Proposed In Israel
The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.
Monday, October 23, 2006
Court Approves Settlement Of West Virginia School Jesus Portrait Suit
UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:
will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.
... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....
Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.
New Study of Pentacostals and Charismatics
Israeli Mother Launches Symbolic Challenge To Role Of Jewish Law
Represented by an organization that defends the rights of unconventional families, the mother-- a secular Jew-- wants a DNA test to show that Moshe's father is in fact the man who she married after her divorce from her first husband was final. Rabbi Moshe Rauchverger, a senior member of the Chief Rabbinate's Governing Council and Haifa marriage registrar, says that the mother should protect her son's presumed legitimacy. The mother's attorney, however, emphasized the point that the lawsuit aims to make: "It is absurd that in Israel of the 21st century people like Moshe have to suffer because of Halacha."
British Summit On Inclusion By Faith Schools
UPDATE: This Is London on Monday reported that the British government has plans to give Ofsted (Office For Standards In Education) inspectors the power to grade state-supported faith schools on how much they contribute to "community cohesion" by employing teachers of different religious backgrounds.
UPDATE: On Oct. 27, Britain's Education Secretary Alan Johnson announced that he was dropping the proposal to require new faith schools to take 25% of their students from other religious groups. (ePolitix)
New Books On Religion, Law & Public Policy
Brooke Allen, Moral Minority: Our Skeptical Founding Fathers ,(Ivan R. Dee Publisher, Sept. 2006), reviewed in Sunday's New York Times.
Darryl Hart, A Secular Faith: Why Christianity Favors the Separation of Church and State, (Ivan R. Dee Publisher, Sept. 2006).
Sam Harris, Letter to a Christian Nation, (Knopf, Sept. 2006).
David Pryce-Jones, Betrayal: France, the Jews and the Arabs, (Encounter Books, Oct. 2006).
Robert Royal, The God That Did Not Fail: How Religion Built and Sustains the West, (Encounter Books, Aug. 2006).
Lew Daley, God and the Welfare State, (MIT Press, Oct. 2006).
David Yonke, Sin, Shame & Secrets: The Murder of a Nun, the Conviction of a Priest, and Cover-up in the Catholic Church, (Continuum International, Nov. 2006).
Andrew Greeley & Michael Hout, The Truth about Conservative Christians: What They Think and What They Believe, (University of Chicago Press, Fall 2006).
Jewish Dems List Worst Members of Congress On Jewish Issues
Mississippi City Sued By Preachers Who Were Kept Off Sidewalk
Sunday, October 22, 2006
Rising Orthodox Jewish Population Impacts Much In New Jersey Town
While unofficial websites describe Lakewood Township as a hub of Orthodox Judaism (Wikipedia), the Township's official web site makes almost no mention of this. Its listing of houses of worship includes only two of the more than 100 Orthodox synagogues in the township, and its listing of private elementary schools lists none of the many Orthodox institutions. [Thanks to Steven H. Sholk for the lead.]
Niqab Controversies In US, Britain, Egypt
Around the world, the niqab-- a veil covering the face that is worn by some Muslim women-- is creating heated controversy.
Earlier this month in Britain, a Muslim teaching assistant was suspended after she refused to remove her niqab while teaching 11-year olds who speak English as a second language. Yesterday's Telegraph reported that the teacher, Aishah Azmi, sued for discrimination in an employment tribunal after she was suspended for failing to comply with management instructions. She argued that her rights under the Employment Equality (Religion or Belief) Regulations 2004 were violated. The tribunal rejected her discrimination claim, but award her damages for injury to her feelings. A second report by the Telegraph says that Azmi's lawyer plans to seek legal aid funding to appeal the case to the European Court of Human Rights. However, a Muslim member of Parliament, Shahid Malik, called for Azmit to drop the suit, saying that there is no support for it from Muslim parents.
In Egypt, the Provost of Helwan University angered some Muslims when he issued an order that any students wearing a niqab must be checked by security women to verify their identity before they will be permitted into the school's dormitories. Gulf News today reports that the university is concerned that a man could walk into female dormitories hidden behind a niqab, or that other criminal activity could be hidden. However students and human rights groups are protesting the order issued a few weeks ago. Illustrating the strength of the feelings on the issue, last week a female Muslim preacher was threatened with death after stating on a television broadcast that the niqab was not required by Islamic law. And the Muslim Brotherhood has filed a complaint with the Prosecutor-General seeking an investigation into alleged exclusion of niqab-wearing students from government-run universities.
Meanwhile, niqab controversies also have come to the United States. Today's Detroit Free Press reports that in a small claims dispute in Hamtramck (Michigan) District Court, a judge has said that he will dismiss a case after a Muslim woman refused remove her niqab before testifying in her lawsuit against a rental car company. The judge said he needs to see the woman's face while she is on the witness stand in order to help assess the truthfulness of her testimony.
Former German Official Criticizes Religious Motivations Of Bush
Role of Religion In Connecticut Senate Race
Archbishop of Cantebury In China
UPDATE: As the Archbishop of Cantebury ended his trip to China, Tuesday's London Times reports that human rights activists charge Williams did not press Chinese officials strongly enough on issues of religious freedom.
California City Will Settle Lawsuit By Christian Dance Group
Saturday, October 21, 2006
Developments In RLUIPA Land Use Cases
Meanwhile, according to today's South Florida Sun-Sentinel, the Hollywood, Florida, neighbors of a Chabad Lubavitch synagogue have appealed a federal district court ruling that precluded them from challenging the settlement of a religious discrimination lawsuit brought by Chabad against the city. (See prior posting.) The neighbors argue that the settlement created a zoning change to which they should have been able to object.
Recent Articles of Interest In Law and Religion
David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship, (Aug. 2, 2006).
From SSRN:
Kathleen Boozang, Divining a Patient's Religious Beliefs in Treatment Termination Decision-Making, (Sept. 28, 2006).
Alan E. Brownstein, Taking Free Exercise Rights Seriously, (Sept. 21, 2006).
From SmartCILP:
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders Under the Establishment Clause. 2 New York University Journal of Law & Liberty 28-85 (2006).
Friday, October 20, 2006
Wisconsin Diocese Charged With Election Violations
Evangelist's Tax Evasion Trial Continues
Times Series On Religious Exemptions Continues, As Does Comment On It
The Times series has led to an unusual amount of editorial comment, both pro and con. The Times itself ran an editorial last Monday that argued "the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts." However, yesterday the Weekly Standard carried an article by John DiIulio, Jr., first director of the White House Office of Faith-Based and Community Initiatives, strongly critical of the New York Times series. [Thanks to Steven H. Sholk for the lead to the Weekly Standard.]
Chicago Suburb Sued Over Design Of Vehicle Stickers
New York High Court Upholds Women's Health Act Under New State Constitutional Test
The court held that a First Amendment free exercise challenge failed under the Smith test, since this was a neutral law of general applicability. The fact that it exempts a narrow group of religious institutions from its coverage does not make it non-neutral. The more important part of the decision was the court's creation of a new test for free exercise of religion claims under Art. I, Sec. 3 of the New York constitution-- a test that is more protective of religion than the U.S. Supreme Court's Smith decision, but less protective than a "strict scrutiny" rule.
The court held that when general legislation creates an incidental burden on the free exercise of religion, "substantial deference is due the Legislature, and ... the party claiming an exemption bears the burden of showing that the challenged legislation, as applied to that party, is an unreasonable interference with religious freedom." In the court's view, plaintiffs here failed to show that the WHWA imposed an unreasonable interference. The state has a substantial interest in providing women with health care and institutions could ultimately avoid violating their religious principles by not offering prescription drug coverage at all. The court said that it would be a more difficult case if these institutions only hired employees who shared their views on the sinfulness of contraception.
Today's New York Law Journal carries an extensive analysis of the case.
Canadian Marriage Commissioner Appeals Gay-Marriage Requirement
Missouri School Board Asked To Reinstitute "Christmas" Break
Thursday, October 19, 2006
IRS Complaint Filed Against Church For Pastor's Political Endorsement
New York Court of Claims Lacks Jurisdiction Over RLUIPA Cases
European Court OKs Turkish School's Required Photo Without Headscarf
Christian Agency Entitled To Hire On Basis of Religion Under Title VII
Politician Promises Restoring Of Land To Bulgarian Orthodox Church
DC Circuit Upholds Terrorist Designation Of Jewish Website
Muslim Scholars Write Pope On His Regensburg Speech
Wednesday, October 18, 2006
Air Force Changes Chaplain Guidelines As Mandated By Congress
However, according to the same report by Jews On First, Mikey Weinstein, president of the Military Religious Freedom Foundation, charges that "Air Force leadership went about issuing these [new] guidelines in a subversive manner, without engaging in an open dialogue about the proper role of religion and chaplains within the Air Force."