Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, March 31, 2007
Slovakia's Parliament Makes Church Recognition More Difficult
North Carolina County Commission Sued Over Sectarian Prayers
UPDATE: Here is the full text of the complaint in the lawsuit. Sunday's Winston-Salem Journal reports that commissioners will meet on Thursday to discuss whether they should fight the lawsuit. The high cost of mounting a defense will be one consideration.
Compromise Reached Over Ownership Of Czech Cathedral
British Veiled Teacher's Appeal Rejected
Religious Defamation-- UN Defends Muslims While NY Catholics Object To Art Display
Meanwhile, CNN today reported on a different kind of concern over defamation of a religion. New York's Roger Smith Hotel closed down a display titled "My Sweet Lord" after a flood of objections from Catholics to the display's nude, anatomically correct chocolate sculpture of Jesus. Bill Donohue, head of the Catholic League, said the life-size statue was "one of the worst assaults on Christian sensibilities ever."
In a series of releases from the Catholic League, Donohue first said: "All those involved are lucky that angry Christians don’t react the way extremist Muslims do when they’re offended—otherwise they may have more than their heads cut off." (March 29 Release). Then, saying that sculptor Cosimo Cavallaro has invited the public to show up at midnight on April 1 to take a bite of his chocolate sculpture, he continued: "The Roger Smith Hotel is morally bankrupt. It is the goal of the Catholic League to make it financially bankrupt as well." (March 29 Release #2). Finally, after the exhibit was closed, Donohue said: "While we are delighted with the outcome, we are not pleased with the comments of the gallery’s creative director, Matt Semler. For him to say that our objection to this outrageous display constitutes hate speech and is the equivalent of a fatwa shows how deliriously irresponsible this man is." (March 30 Release.)
Friday, March 30, 2007
Turkey's Secularist Tradition At Issue In Murder Trial
Motion Seeks Dismissal of Trespass Charges Against Gideon Bible Distributors
Kansas Legislature Passes Ban On Funeral Protests
UPDATE: On Friday, Kansas Gov. Kathleen Sebelius announced that she would sign the anti-funeral protest bill into law. (Lawrence Journal-World).
Pakistan Brothel Owner Kidnapped, Then Released By Muslim Students
Today's Gulf Daily News reports that Aunty Shamim has been released after she put on a burqa and signed a statement saying in part: "I seek forgiveness for the sins that I have committed and declare I will live like a true Muslim and preacher of religion." Aunty Shamim's relatives and the arrested teachers have also all now been released, as have two policemen who were seized by protesting students.
Oregon Church Loses RLUIPA Land Use Appeal
Suit Against California School By Jehovah's Witness Settled
NY Church Challenges Refusal To Rent It Space In State Building For Easter Services
Thursday, March 29, 2007
Maldives Says Islamic Identity Is Crucial To Protect National Unity
House Presses For Liability Shield For Passengers In "Flying Imams" Case
The Republican motion to recommit H.R. 1401, the Rail and Public Transportation Security Act of 2007, provides that any person who makes a voluntary disclosure regarding suspicious activity that constitutes a possible threat to transportation security to appropriate security and law enforcement authorities shall be immune from civil liability for such disclosure.Additional coverage is at Michelle Malkin's blog and at OmniNerd.
The amendment protects any such disclosure relating to threats to transportation systems, passenger safety or security, or possible acts of terrorism.
The amendment also shields transportation systems and employees that take reasonable actions to mitigate perceived threats.
The amendment is retroactive to activities that took place on or after November 20, 2006 - the date of the Minneapolis incident involving six Islamic leaders who were removed from a U.S. Airways flight after they were observed acting suspiciously.
Finally, the motion authorizes courts to award attorneys fees to defendants with immunity.
Congressmen Call America to Prayer
Employees Lodge Religious Objections To Hand Scanners
Illinois Court Dismisses Pharmacists' Challenge to Rules for Lack of Ripeness
Michigan Woman Sues Judge Who Insisted She Remove Veil To Testify
Jurisdiction Of Malaysian Islamic Courts Debated
Meanwhile, earlier this month Malaysia's civil Court of Appeal held that a Hindu woman had to seek recourse through the Syariah Appeal Court to stop her estranged husband, who had converted to Islam, from dissolving their civil marriage in a Syariah court and unilaterally converting their children. Sun2Surf today reports that the president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism objected to the decision, arguing that non-Muslims should not be required to go to Syariah courts for relief.
UPDATE: The International Herald Tribune reported on Friday that Malaysia's Court of Appeal has ruled that Muhammad Shafi Saravanan Abdullah — who converted from Hinduism to Islam — cannot convert his son to Islam until after the apex Federal Court hears his estranged wife's appeal of its decision to send the case to a Syariah religious court.
Wednesday, March 28, 2007
Rights Groups Exchange Charges Over "Flying Imams'" Litigation
CAIR's letter in response, sent yesterday, says that the lawsuit targets only individuals "who may have knowingly made false reports against the imams with the intent to discriminate against them", and not individuals who acted in good faith. It says that the main focus of the suit is the conduct of U.S. Airways and its employees. Finally it charges the Becket Fund with "contributing to a national environment that chills the right of American Muslims, Arab-Americans and South Asians to redress violations of their civil rights. This chilling effect is caused by [the Becket Fund's letter] labeling efforts to protect Muslim civil rights in court as 'legal terrorism'." (See prior related postings on the litigation 1, 2.)
Justice Department Begins Seminars on Protecting Religious Freedom
Topics will include: Religious Discrimination in Public Schools, Colleges and Universities; Religious Discrimination and Public Employees; The Religious Land Use and Institutionalized Persons Act; Religion-based Housing and Lending Discrimination; Religious Discrimination in Access to Public Accommodations and Public Facilities; and Prosecuting Religion-based Hate Crimes, and Arson and Vandalism of Houses of Worship.
Similar seminars are scheduled for Tampa, FL on April 25 and Seattle, WA on May 10.
Israel Cancels Vatican Meeting On Church Tax and Property Issues
UPDATE: Israel's ambassador to the Vatican said that the postponement of the Commission meeting was merely for technical reasons and that a new meeting date would be set soon. (CNS).
US Files Brief In Bald Eagle Act Appeal
Rabbinic Court Appointments In Israel Challenged
The petitions were filed by The Tzohar organization of modern Orthodox rabbis and Emunah, the National Religious Women's Organization. They claim that the new ultra-Orthodox appointees will be insensitive to women's issues. The High Court petition alleges that the appointments were the result of a political deal between two ultra-Orthodox parties. It says that election committee members were not given the protocols of the subcommittees that interviewed and rated the candidates and were not told to which courts the nominees would be assigned. When the head of the committee began to read the names of the candidates and give his opinion of each, apparently committee members interrupted him and said there was no need for that, even though some new committee members were unfamiliar with the candidates.
Italian Bishops Speak Out Against Civil Unions; Public Thinks They Shouldn't
Meanwhile, there are disagreements within the Italian bishops' conference on whether Catholic politicians who vote for civil-union legislation should be subject to some religious sanction, such as denial of the Eucharist. (Catholic World News.)
Permanent Injunction Permits Anti-Abortion Literature Distribution At School
Tuesday, March 27, 2007
Settlment Reached In FL Community Center's Exclusion of Religious Groups
Under the settlement, Marion County has agreed to remove the religious prohibitions from its policy and to treat the plaintiff, Iglesia Cristiana Fe y Esperanza (Faith and Hope Christian Church), equally with other groups seeking to use Marion Oaks facilities.
Indiana Distributes "In God We Trust" License Plates
Macedonia Will Require Religious Education For 5th Graders
Suit Filed Over Expansion of Tiburon, CA Synagogue
Nigerian City Gets Women-Only Rickshaws
Monday, March 26, 2007
Quebec To Require Muslim Women To Lift Veils To Vote
Christian Pastors Arrested In Indian State For Conversionary Activity
Recent Prisoner Free Exercise Cases
In Henderson v. Ayers, 2007 U.S. Dist. LEXIS 18791 (CD CA, Feb. 23, 2007), a California federal Magistrate Judge permitted an inmate to move forward with a claim under RLUIPA that his rights were violated when he was denied time off work to attend Friday Islamic prayer services.
In Phillips v. Stanley, 2007 U.S. Dist. LEXIS 19608 (WD VA, March 20, 2007), a Virginia federal district court dismissed a prisoner's claim that he was not able to go to church or get religious books because the prisoner failed to particularize the facts surrounding his claim.
In Goodrick v. Roane, 2007 U.S. Dist. LEXIS 19360 (D ID, March 19, 2007) an Idaho federal court permitted a prisoner to move to trial with his claim that a correctional officer violated a settlement agreement in his prior free exercise claim that permitted him to keep a limited amount of religious prayer oil in his cell.
In Busick v. City of Madison, 2007 U.S. Dist. LEXIS 19432 (SD MI, March 19, 2007), a Mississippi federal district judge dismissed a prisoner's challenge to a policy that permitted him to receive religious material by mail only from one approved source.
In Stanko v. Patton, (8th Cir., March 20, 2007), the U.S. 8th Circuit Court of Appeals reversed a district court's finding that a prisoner's Free Exercise claim is frivolous. The inmate claimed that he is a member of the Church of the Creator, and that eating nuts and fruit is a genuine dietary requirement of the religion.
In Hightower v. Schwarzenegger, 2007 U.S. Dist. LEXIS 20520 (ED CA, March 8, 2007), a California federal Magistrate Judge dismissed without prejudice a prisoner's claim that defendants refused boxes of religious books sent to him directly by the publisher on more than one occasion. The court said that plaintiff needed to amend his complaint to link the named defendants with the alleged conduct.
In Larry v. Goetz, 2007 U.S. Dist. LEXIS 20619 (WD WI, March 20, 2007), a Wisconsin federal district court rejected a Muslim inmate's claim that a volunteer chaplain at the Dane County jail violated his free exercise rights by failing to arrange Jumah services. There was no evidence that the chaplain had the authority to determine whether such services would be offered.
In Coronel v. Paul, 2007 U.S. App. LEXIS 6928 (9th Cir., March 12, 2007), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court dismissal of a claim against a prison chaplain, the warden, and Corrections Corporation of America at a CCA-operated prison. It held that the lower court erred in finding these defendants uninvolved in alleged infringements of an Hawaiian inmate's rights under the First Amendment and RLUIPA. They had implemented an order of the Hawaii Department of Corrections that Hawaiian inmates be prohibited from participating in Pascua Yaqui Native American sweat lodge ceremonies because prison gangs were using these services to organize disruption.
Last week the Associated Press reported on the settlement of a lawsuit brought by by the ACLU on behalf of a Mormon prisoner against Louisiana State Penitentiary. The prison will now permit the inmate to buy books from several previously-unapproved Church of Jesus Christ vendors, including Brigham Young University's bookstore.
Controversial Australian Mufti Retains His Position
Pakistani Muslims Fail To Rally Opposition To Hindu Chief Justice
Sunday, March 25, 2007
Rice- Mubarak Spar Over Egypt's Proposed Constitutional Changes
UPDATE: On Tuesday Egypt announced that the voters had approved the 34 proposed constitutional amendments by a vote of 75.9% in favor. It said that turnout in Monday's referendum was 27%, but the Egyptian Organization for Human Rights says the turnout was much lower than that. (AP).
Recent Scholarship On Law and Religion
David E. Guinn, Erecting the Barrier: Creating the New Liberal Compact on Religion, Chap. 3, and The Terrors of Christendom, Chap. 2. in Constantine's Standard: Religion,Violence, Politics, Law & Faith to Die For.
Mostly from SmartCILP:
Richard M. Esenberg, You Cannot Lose If You Choose Not To Play: Toward a More Modest Establishment Clause, 12 Roger Williams University Law Review 1-69 (2006).
Larry O. Natt Gantt, II, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent University Law Review 1-93 (2006-2007).
James L. Heft, S.M., Religion and Politics: the Catholic Contribution, 32 University of Dayton Law Review 29-46 (2006).
Erin E. Goodsell, Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today’s South Africa, 21 BYU Journal of Public Law 108 (2007).
Symposium Issue: God & War. Foreword by Linda Bevilacqua; articles by John D. Carlson, Liaquat Ali Khan, David A. Bosworth, Jeffrey F. Addicott and John D. Altenburg, Jr. 7 Barry Law Review 1-163 (2006).
Pope Criticizes EU 50th Anniversary Statement
Saturday, March 24, 2007
Ohio's Anti-Funeral Picketing Law Largely Upheld
Preacher Challenging NC City's Permit Requirement
Ohio Ends Contract With Group Administering Faith Based Funds
Friday, March 23, 2007
Russian Museum Sued Over Anti-Christian Art
Demolition Permit Denial Violates Free Exercise Clause
Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause
Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause
Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)
Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.
Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....
We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.
NY State Takes Over Religious Discrimination Complaint Against Clinic
French Paper Acquitted On Charges of Publishing Caricatures of Muhammad
Portland Archdiocese Bankruptcy Reorganization Moves Ahead
Vietnam Recognizes Baha'i and 3 Other Groups
Thursday, March 22, 2007
Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses
Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed
UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]
Jordan's Parliament Deletes Controversial Provision In Proposed Press Law
Court Finds Cross On City Water Tower Unconstitutional
German Judge Cites Koran Verse In Denying Accelerated Divorce
UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).
UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]
Father Sues LDS Church Over Ordination Of Sons
Wednesday, March 21, 2007
Catholic-Jewish Commission Speaks On Religious Freedom
Even though the Enlightenment helped bring about a purification from the abuse of religion, secular society still requires religious foundations to sustain lasting moral values....
While on principle the state should not at all limit freedom of religion for individuals and communities nor of moral conscience, it has the responsibility to guarantee the wellbeing and security of society. Accordingly it is obliged to intervene wherever and whenever a threat is posed by the promotion, teaching or exercise of violence and specifically terrorism and psychological manipulation in the name of religion.
In addition to respecting the freedom of religious choices, the integrity of faith communities should also be guaranteed. Accordingly it is legitimate for a society with a predominant religious identity to preserve its character, as long as this does not limit the freedom of minority communities and individuals to profess their alternative religious commitments, nor to limit their full civil rights and status as citizens, individuals and communities....
[T]here is a special obligation upon religious leaders and communities to prevent the improper use of religion and to educate towards respect for diversity which is essential in order to ensure a healthy, stable and peaceful society.
NY Appellate Court Upholds Photographer's Rights Against Free Exercise Claim
EU Anniversary Statement Will Not Mention Religion
Santeria Priest Rejects Settlement Offer In RLUIPA Suit
Philippines Mandates Moderate Muslim Curriculum
Tuesday, March 20, 2007
Amici Urge Application of RFRA to Gitmo
The organizations who joined in the brief are the Baptist Joint Committee, American Jewish Committee, National Association of Evangelicals, National Council of Churches of Christ in the USA, General Conference of Seventh-day Adventists, Presbyterian Church (USA) and the United States Conference of Catholic Bishops.
New Rabbinic Court Judges Appointed In Israel Amidst Controversy
NC Governments Respond To Requests For Non-Sectarian Invocations
However in Thomasville, North Carolina, after heated debate, city council voted 6-1 last night for a policy that permits sectarian prayer. The Winston-Salem Journal reports that the new guidelines provide for council members to volunteer-- on a rotational basis-- to offer an invocation as a private citizen before council meetings formally begin. However the policy states: "No guidelines or limitations shall be issued regarding an invocation's content except that the Council shall request by the language of this policy that no prayer should proselytize or advance any faith, or disparage the religious faith or nonreligious views of others." Backers of the prayer policy say organizations like the ACLU want to strip Christians of their free speech. The Alliance Defense Fund has offered to defend the city in any challenge to its new policy.
Thailand Considering New Regulation Of Islamic Affairs
British Schools Will Be Permitted To Ban Niqab
Utah Delays Decision On FLDS Law Enforcement Officers
Egypt Moves Toward Constitutional Ban On Muslim Brotherhood As Politcal Party
UPDATE: Lebanon's Daily Star reported on March 22 that both Egypt's Muslim Brotherhood and the opposition Kefaya movement will boycott the March 26 referendum on Egypt's proposed constitutonal amendments in order to deny legitimacy to them.
Monday, March 19, 2007
Reports and Transcript of "Bong Hits 4 Jesus" Arguments in Supreme Court
Justice Stephen G. Breyer seemed to capture the court’s concerns.... "It's pretty hard to run a school where kids go around at public events publicly making a joke out of drugs," Justice Breyer told Douglas K. Mertz, the lawyer representing former high school student Joseph Frederick.... [However] Justice Breyer said he worried that if he took the student’s side, "we’ll suddenly see people testing limits all over the place in the high schools. But a rule that's against your side may really limit people's rights on free speech. That’s what I’m struggling with."
McCain Says He Needs Evangelical Support To Win
Supreme Court Hears Arguments Today In Student Speech Case With Implications For Religious Freedom
The Washington Post last week described the case as "the most important student free-speech conflict to reach the Supreme Court since the height of the Vietnam War". A number of Christian conservatives-- while they do not like the student's apparently pro-drug message-- nevertheless strongly defend Frederick. Religion News Service quotes Kelly Shackelford, chief counsel for Liberty Legal Institute, who said: "in my opinion this is probably one of the most dangerous cases to religious freedom in the last decade - because you don't think it's about religion". Christian groups argue that a win for the school could empower schools to engage in "viewpoint censorship" to restrict controversial speech-- from anti-abortion T-shirts to student-run Bible clubs.
Meanwhile, SCOTUS blog on Saturday suggested that the case is complicated by basic disagreement on many of the facts. The parties differ over whether or not Frederick was taking part in a school-sponsored event and disagree over the meaning of the message on Frederick's banner.
Law Memo has links to the briefs of the parties and of all the amici, as well as to the petition for cert. and related documents.
New Articles on Law and Religion
Gregory C. Sisk, John Paul II: The Quintessential Religious Witness in the Public Square, Journal of Catholic Legal Studies, Vol. 45, p. 241, 2007.
From SmartCILP:
Garrett Epps, Some Animals Are More Equal Than Others: The Rehnquist Court and "Majority" Religion, 21 Washington University Journal of Law & Policy 323-347 (2006).
Noah Feldman, Division, Design, and the Divine: Church and State in Today's America, 30 Oklahoma City University Law Review 845-862 (2005).
Richard W. Garnett, Modest Expectations?: Civic Unity, Religious Pluralism, and Conscience, (Reviewing Noah Feldman, Divided by God: America's Church-State Problem--And What We Should Do About It; and Kevin Seamus Hasson, The Right to be Wrong: Ending the Culture War Over Religion in America.) 23 Constitutional Commentary 241-269 (2006).
Jay D. Wexler, The Endorsement Court, 21 Washington University Journal of Law & Policy 263-306 (2006).
Historian Says Napoleon's Relations With Jews Could Be Pattern For Muslims In France Today
Sunday, March 18, 2007
Exclusion of Prison Ministry Workers From Jury OK'd
Nashville May Permit Fugitives To Surrender At Churches
Podcast of Debate On Church-State Available
Preacher's Claim Against University Is Moot
Recent Prisoner Free Exercise Cases All Involve Muslim Prisoners
In Small v. Sirmons, 2007 U.S. Dist. LEXIS 18410 (ED OK, March 14, 2007), an Oklahoma federal court dismissed the claim of a prisoner that his First Amendment rights were violated when he was not allowed to abstain from off-premise work on Fridays in order to attend Jumah prayer services at his prison facility. Instead he was given time to pray alone at his work site.
In Harvey v. West, 2007 U.S. Dist. LEXIS 17861 (SD IL, March 14, 2007), an Illinois federal Magistrate Judge rejected claims of a Muslim prisoner that he was not always allowed to attend Muslim services, Muslim services sometimes started late, and he was told that he could attend only one service a week. Also rejected were general claims of discrimination and a claim that he was harassed when attempting to practice his religion.
In Talbert v. Smith, 2007 U.S. Dist. LEXIS 17108 (WD VA, March 9, 2007), a Virginia federal district court permitted a Nation of Islam member to move forward with a RLUIPA claim that prison officials illegally confiscated Muslim lessons from him.
Korean Conscientious Objectors To Go To United Nations
Saturday, March 17, 2007
Proposal In Israel To Expand Rabbinic Court Jurisdiction
Oklahoma Court Says Christian Medi-Share Is Insurance Company
Hindu to Become Acting Chief Justice In Pakistan
Congressional Hearing Discusses Establishment Clause and Indian Health Care
Maryland "Get" Bill Defeated In Senate
Settlement Permits Equal Use Of Village Property By Religious Groups
Indian State Considering Controversial Bills On Control Of Religious Matters
The second bill of concern to some Hindus is the "Temples or Religious Institutions (Management and Regulation) Act". Under it, the government could take over management of certain temples and trusts. (Pune, March 12.)
Friday, March 16, 2007
Australian Court Orders Dismissed Rabbi Not To Conduct Services
Now the District Court has issued a restraining order barring the rabbi from conducting services at the synagogue, even though Engle says that the Sydney Beth Din has issued an order determining that he is still rabbi of the congregation. Rabbi Engel's lawyer, Bernard O'Brien, says that the rabbi has a religious duty to conduct services, so that the court may be faced with the prospect of ordering him to jail.