In New York, the firefighters, dressed in their official uniforms, carried the statue into the Church of St. Peter and helped install it near the altar. In Howell, the firefighters transported the statue to St. Veronica’s Roman Catholic Church and used a fire truck, with lights flashing and sirens blaring, as part of a processional that culminated in the parking lot of the church.
The motorcade also included fire trucks from nearby Jackson Township and police vehicles. The firefighters then joined members of the Knights of Columbus in carrying the statue into the church, and the event concluded with a special mass.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, September 30, 2007
Fire Company's Role In Transporting Virgin Mary Statue Criticized
Rastafarian High Schooler Disciplined For Violating Dress Code
Hawaii Supreme Court Rejects Free Exercise Defense In Marijuana Case
KY County Removes 10 Commandments Display After Adverse Court Decision
Facial Challenge Rejected To School's Limits On Handouts
U.S. House Calls for Religious Accommodation By Mock Trial Group
City Street Fair Program Drawing Offends Christians
Faith-Based Groups Get Increasing Share of Substance Abuse Voucher Funds
Saturday, September 29, 2007
Senate Passes Hate Crimes Expansion Over Objections of Christian Groups
Conservative Christian groups strongly criticized the Senate’s action. Tony Perkins, president of the Family Research Council, said: "preserving equal justice under the law is more important than scoring points with advocates of homosexual behavior. All violent crimes are hate crimes, and every victim is equally important…. Congress should represent all Americans, not give special protections for some." (Christian Post). In the past, some Christian groups have argued that the bill interferes with their right to preach against homosexual behavior. At a press briefing following the Senate’s action, White House press secretary Dana Perino reiterated the White House’s opposition to the hate crimes bill, but stopped short of repeating previous promises by the President to veto the bill. (See prior posting.)
Court Will Decide Part of Buddhist Temple's Claim Against Parent Body
The court held that adjudicating the eviction claim would unconstitutionally involve the court in determining an ecclesiastical issue—whether the disaffiliation pronouncement was properly reached: "The expulsion resulted from a dispute involving religious leadership. The religious leaders in question had been appointed by Jodo Shu leaders in Japan. The disaffiliation decision was confirmed at the highest levels of the hierarchical religious organization in Japan. The disaffiliation decision necessarily barred plaintiff from use of the temple property…." However the court held that the claims for conversion and partnership dissolution could probably be adjudicated without considering the propriety of the umbrella group’s disaffiliation order. Those claims, it held, created issues that should to go to trial.
Dissenting in part, Judge Mosk said: "If the lease is such that the plaintiff could not be evicted for doctrinal disputes or issues, then a court could determine that there was a wrongful eviction without addressing internal religious matters on the disaffiliation. Thus far, defendants' defense is not justification for the eviction, but rather that there was no valid lease."
Bureau of Prisons Backs Off Prison Chapel Library Project
Wednesday, September 26, 2007
Prof Fired For Remarks About Bible Story and Reaction to Student Debate
More Prisoner Cases-- Diets, Runestones and Prejudicial Trial Statements
In Keen v. Noble, 2007 U.S. Dist. LEXIS 69629 (ED CA, Sept. 20, 2007), a California federal district court refused to dismiss a federal prisoner's complaint that his free exercise rights were violated when prison authorities refused to provide him with runestones for his Asatru religious practices. However the court agreed with a Magistrate's recommendation to dismiss on qualified immunity grounds plaintiff's complaint that he was denied a hof. The court also held that RFRA does not authorize the award of monetary damages.
In Shabazz v. Martin, 2007 U.S. Dist. LEXIS 70342 (ED MI, Sept. 24, 2007), a Michigan federal district court denied plaintiff prisoner a new trial. Plaintiff had claimed that his defense counsel had made prejudicial comments during trial when, in questioning a witness, he referred to Plaintiff and other leaders of the Nation of Islam as "clerics" and "imams". The court rejected plaintiff's argument that this gave the jury a false impression that his religion was connected with the Sunni or Shiite doctrines in the Middle East.
In Henderson v. Virginia, 2007 U.S. Dist. LEXIS 70207 (WD VA, Sept. 21, 2007),a Virginia federal district court rejected a prisoner's claim that he was denied participation in the Ramadan fast as retaliation for "a verbal altercation" he had with prison officers. The court found that plaintiff did not show intentional conduct by defendants, did not show a retaliatory motive, and that in fact he was able to fast by saving food from his other meals.
In Conyers v. Abitz, 2007 U.S. Dist. LEXIS 70322 (ED WI, Sept. 21, 2007), a Muslim inmate was refused participation in the program that gave late meals during Ramadan because he missed the sign-up deadline. the court held that genuine issues of fact exist as to whether the deadline applied to this inmate, whether he had adequate notice of the deadline and whether the prison had a sufficient penological justification to impose the deadline.
Chicago Dentist Charged With Imposing Scientology On Employees
Missionary's Bias Claim Dismissed Under Ministerial Exception Rule
Israeli Zionist Rabbis Threaten Split Over Sabbatical Farming Rules
Sheriff Violates Establishment Clause By Inviting Christian Speakers
defendants invited representatives of a Christian organization to present a proselytizing Christian message to deputies at meetings held at the workplace during working hours, which deputies were required to attend, and conveyed a message of endorsement of the presentations. The effect of defendants’ actions was to promote religion and to do so coercively.A hearing has been set for November to discuss remedies. Yesterday's Milwaukee Journal Sentinel reports on the case.
Hillary Clinton Emphasizing Liberal Religious Tradition In Her Campaign
Today Is "See You at the Pole" Event At Schools
Tuesday, September 25, 2007
Former FLDS Leader Jeffs Convicted Of Being Rape Accomplice
The Los Angeles Times last week filled out the details: "Jeffs pressured the girl into marriage, then refused to free her when she complained that her husband was touching her in ways she did not like." Jeffs' attorney, Walter F. Bugden Jr., had argued: "The state can say Warren Steed Jeffs is on trial, but it's his . . . church, his religious beliefs that is on trial here, dressed up as a crime called rape." He argued that the state should have charged Jeffs only with officiating at an unlawful marriage.
Police Officer Has Partial Win In Attempt To Wear Cross Lapel Pin On his Uniform
In Compromise, Israel Appoints 19 New Rabbinic Court Judges
Plaintiff Suing Military Is Being Harassed
UPDATE: Truthout reports that Military Religious Freedom Foundation researchers have identified the Major at the center of Hall's lawsuit. His correct name is Freddy J. Welborn. He was found through his MySpace page. The complaint in the lawsuit will be amended and refiled to reflect the correct name.
Connecticut City Will Lend Textbooks To Non-Public Schools
School's Decision To Exclude Religious Music From Graduation Upheld
UPDATE: Here is the full opinion in a non-proprietary database, thanks to Alliance Alert. And here is a recording of Biebl's version of the hymn via YouTube.
Monday, September 24, 2007
California Church Keeps Exempt Status; Questions IRS Conclusions
A Flood of New Scholarly Publications In Law and Religion
- Ali L. Khan, Advocacy Under Islam and Common Law, (August 2007).
- John Witte, Go Ye, Therefore, and Make Disciples of All Nations': Proselytism in the New World Order, (2007).
- John Witte, Rights, Resistance, and Revolution: The Protestant Foundations of Rights and Revolution, (2007).
- Edward A. Hartnett, Catholic Judges and Cooperation in Sin, (University of St. Thomas Law Journal, Vol. 4, No. 2, 2006).
- Charles J. Reid, Children and the Right to Life in the Canon Law and the Magisterium of the Catholic Church: 1878 to the Present, BEST LOVE OF THE CHILD, Timothy Jackson, (ed.), 2008.
- Charles J. Reid, The Rights of Children in Medieval Canon Law, (U. of St. Thomas Legal Studies Research Paper No. 07-34, 2007).
- Marie Ashe, Beyond Nomos and Narrative: Unconverted Antinomianism in the Work of Susan Howe, (Yale Journal of Law & Feminism, Vol. 18, No. 1, 2006).
- Peter Radan, From Dayton to Dover: The Legacy of the Scopes Trial, (Macquarie Law Working Paper No. 2007-6, September, 2007).
- Mark Strasser, Establishing the Pledge: On Coercion, Endorsement, and the Marsh Wild Card, 40 Indiana Law Review 529-583 (2007).
- Stephen E. Young & Alison Shea, Separating State From Church: A Research Guide to the Law of the Vatican City State, 99 Law Library Journal 589-610 (2007).
- Program on Law and State Government Fellowship Symposium: From the State House to the Schoolhouse: Religious Expression in the Public Sphere. Introduction by Cynthia A. Baker; articles by Kevin C. McDowell and Luke Meier. 40 Indiana Law Review 491-528 (2007).
New book:
- Alan Dershowitz, Blasphemy: How the Religious Right Is Hijacking Our Declaration of Independence, (John Wiley and Sons, June 2007), reviewed in the Jewish Standard.
Indianapolis Airport Foot Washing Sink Creates Religious Controversy
Russian Schools Increasingly Teaching Religion
Recent Prisoner Free Exercise Cases
In Travillion v. Leon, 2007 U.S. App. LEXIS 22203 (3rd Cir., Sept. 14, 2007), the U.S. 3rd Circuit Court of Appeals held that a Protestant plaintiff's Establishment Clause and Equal Protection rights were not violated when a state jail served all prisoners vegetarian meals during Lent, even though their religious beliefs did not require them to abstain from meat.
In Portune v. Ornoski, 2007 U.S. Dist. LEXIS 68534 (ND CA, Sept. 6, 2007), a California federal district court permitted a prisoner to proceed with a habeas corpus action alleging in part that his right to the free exercise of religion was infringed when his parole was denied because he refused to attend a religious-based Narcotics Anonymous program.
In Saif'ullah v. Sisto, 2007 U.S. Dist. LEXIS 68703 (ED CA, Sept. 5, 2007), a California federal district court permitted to proceed with their First Amendment and RLUIPA claims that they were offered only a vegetarian diet instead of a diet that included Halal meat. However the court found that they failed to state a claim when they alleged that they were prevented from offering their evening prayers in the prison's day room, and instead had to pray individually in their prison dorms.
In Dupree v. Laster, 2007 U.S. Dist. LEXIS 69288 (SD IL, Sept. 19, 2007), a federal district court adopted a Magistrate Judge's Report and Recommendation, rejecting prison officials' arguments that their actions dealing with Plaintiff's behavior during religious services while incarcerated were legitimate, and that RLUIPA does not authorize individual capacity claims for monetary damages
In Jackson v. Epps, 2007 U.S. Dist. LEXIS 69017 (ND MS, Sept. 18, 2007), a Mississippi federal district court dismissed a prisoner's complaint that he was not permitted to attend Muslim religious services, finding that plaintiff had not filled out the required prison form to designate his religion as Islam.
Sunday, September 23, 2007
Wisconsin Modifies Murder Remembrance Day Program To Avoid Church-State Issue
Of concern to FFRF were the lyrics to This Too Shall Pass which arguably suggest that the murders being commemorated were "part of a deity's plan". FFRF argued that: "Grieving and vulnerable families should not be proselytized by state government or be told how or what they are expected to believe," nor should the state "be selecting which minister, which denomination or which religion should confer blessings...." The Capital Times reported yesterday that Department of Justice spokesman Kevin St. John said: "Rather than create the unintentional appearance that the state was endorsing religion or a particular creed, the department amended the program to exclude those parts."
Two Courts Reject Free Exercise Defenses To Liability For Clergy Sexual Abuse
In Young v. Gelineau, (RI Super., Sept. 20, 2007), a Rhode Island trial court rejected Free Exercise defenses raised by the Catholic hierarchy to claims against it growing out of plaintiff's sexual molestation by a priest. Christopher Young claimed that the Church is liable for permitting Priest John Petrocelli to have contact with him and other minors after the Church knew that Petrocelli was a child molester. The court rejected the Church's First Amendment defenses, holding that the court's inquiry into the claims "will merely constitute the application of a neutral law and will not impose upon or significantly restrict the Hierarchy Defendants’ religious beliefs or practices." The court went on to reject the argument that since hiring, retention and supervision of a priest is based on Canon law, the suit should be dismissed under the Church Autonomy doctrine.
Bureau of Prison Chapel Library Lists Published; Project Is Widely Criticized
Interestingly, along with this article, the Times has posted the list of acceptable books for each of 19 different religious groups that the Bureau of Prisons has placed on its Standardized Chapel Library Project lists. The Bureau took this approach after initial attempts to review every book in chapel libraries became unmanageable. Examination of the book lists is fascinating. The lists contain many audio-visual items as well as books. For some religious groups, the number of permitted items is well over 300, while other lists are much shorter. A list for "Other Religions" for example, contains only two books-- both on Christian Science. The Yoruba list has 76 items, while Messianic (i.e. Messianic Judaism) gets 60. The Catholic and Protestant lists are among the longest. The Jewish list is somewhat shorter with 134 items. Separate lists are furnished for Islam and Nation of Islam.
The Bureau told representatives of Christian and Jewish prison chaplains that a book could be restored to the chapel library if a prisoner requested it and a chaplain reviewed the book and sent a certification to the Bureau in Washington for review. Rabbi Aaron Lipskar, executive director of the Aleph Institute, said it is unrealistic to expect chaplains to have time to review books in this way. [Thanks to Melissa Rogers for the lead.]
Court Says Halloween Decorations Are Secular Symbols
Halloween decorations, like valentines, Easter bunnies, and egg hunts are all secular displays and activities that neither convey religious messages nor constitute religious symbols. Halloween lost its religious and superstitious overtones long ago. It has become instead a commercial holiday enjoyed by communities in its many forms of entertainment.The court also rejected plaintiff's Free Exercise claim and her claim under various provisions of Puerto Rican law. However the court permitted plaintiff to move ahead with her claim of retaliation under Title VII of the 1964 Civil Rights Act based on her allegations that various actions were taken against her because she filed a complaint with the EEOC over the Halloween decorations.
3rd Circuit Rejects Free Exercise Challenge To Giving Minor "Morning After" Pill
The court rejected Melissa's free exercise claim, finding that she was not coerced by the government into taking the pills and that she does not allege she ever informed the clinic staff about her religious beliefs. It also rejected a free exercise claim by Melissa's parents, holding that the Constitution does not require the government to ensure that children abide by their parents' religious beliefs. Much of the court's 47-page opinion focuses on-- and rejects-- substantive due process claims that parental rights were infringed. The Baltimore Sun's news blog reported on the case on Friday.
Pennsylvaina Suit Claims Religious Discrimination In Marriage License Law
UPDATE: On Thursday, federal judge Joy Flowers Conti granted a temporary restraining order, requiring Allegheny County to issue a marriage license to Knelly and Huggins-Daines. While the court did not make a final ruling on how Pennsylvania's law should be interpreted, Allegheny County said that in the future it would grant self-uniting marriage licenses without regard to religion. (Pittsburgh Post-Gazette, Sept. 28).
House Passes Bill With Funds Earmarked For Group Promoting Creationism
Friday, September 21, 2007
Hospital Chaplain Fired for Objecting To Gideons' Bible Distributions
Israel's Yom Kippur-Based Daylight Savings Time Shows Religious-Secular Split
House Passes Vietnam Human Rights Act
Authorities Prosecuting Promoters of "Corporations Sole" Scams
China Appoints Vatican-Approved Bishop
Controversy Over Funding Denial For Christian Concert At University of Arizona
Qatar Starting New Moderate Islamic Satellite Channel
Thursday, September 20, 2007
Article Explores Trend Toward Ban On Wearing Religious Symbols
State Appeals Court Says Custody Order Burdens Father's Religious Exercise
Christian Pakistani Teenager Cleared of Blasphemy Charges
Quebec Jewish Hockey Player Surrenders Religious Observance To Game Schedules
One 10 Commandments Display Stays, Another Goes, In Kentucky
Yesterday's Lexington Herald-Leader reported on the decision, and also reported that in a September 5 decision, the same judge found that a Ten Commandments display inthe Garrard County courthouse was unconstitutional. The Ten Commanments were displayed along with other documents linking government and religion. The court found that in this case, "a reasonable person would conclude that the county's display has the effect of endorsing religion."
Third Circuit Finds JCC Entitled To Title VII Religious Exemption
Judge Rendell, dissenting, argued that "Congress understood § 702(a) to cover only those entities that, unlike the LJCC, are controlled by a religious sect." He said that the majority's approach places the court in the position of analyzing the activities of religiously inclined organizations to determine which are religiously meaningful.
The court unanimously rejected a retaliation claim by the plaintiff, crediting instead the JCC's explanation that LeBoon was terminated because of the financial problems the JCC was experiencing.
Ontario Catholic Schools Debate HPV Vaccine Program
Wednesday, September 19, 2007
DC Court Orders Members of Congress To Produce Documents On Mt. Soledad Law
The court held that "each category of documents requested has the potential to shed light on at least one of the three Lemon prongs. Foremost among these is legislative purpose." Responding to defendants' claim that production of the documents are shielded by the Constitution's "speech or debate" clause, the court said:
The court left it in part to the defendants to decide which documents must be produced under the principles announced in the court's decision. Today's New York Sun reports on the decision.The Members are correct that... informal information gathering in connection with or in aid of a legitimate legislative act is itself protected by the Speech or Debate Clause. Such information gathering may take the form of communications with organizations, constituents, or officials of a coordinate branch. The Members are likewise correct that the Clause prohibits inquiry into an individual legislator's motives for engaging in particular legislative acts. At the same time, JWV is correct that accepting the Members' position on these points does not necessarily shield from production all documents responsive to specifications 3, 5, 7 and 9. Documents that reflect a Member's efforts to persuade Executive Branch officials to use existing statutory authority, for example, must be produced, as must documents that reflect legislative purpose, rather than the motives of individual legislators.
Soldier Sues Army Claiming Religious Discrimination
(MRFF) and U.S. Army Specialist Jeremy Hall have filed a lawsuit against Defense Secretary Robert Gates and Major Paul Welborne in U.S. District Court in Kansas City, Kansas citing a pattern of military practices that discriminate against non-Christians in the military. The lawsuit also cites overt government support of private civilian religious organizations and activities.The International Herald Tribune has also published a report on the lawsuit.
... In August of this year, Specialist Hall, after receiving permission from a chaplain at Contingency Operations Base Speicher, Iraq, posted flyers around his base announcing a meeting of atheists and other non-Christians.... Army Major Paul Welborne disrupted the meeting and threatened to retaliate against Hall by charging him with violating the Uniform Code of Military Justice and vowed to block Hall's reenlistment in the Army because of Hall’s role in organizing the meeting, a violation of Hall's First Amendment rights under the Constitution.
The complaint charges that Hall, who is based at Ft. Riley, Kansas, has been forced to "submit to a religious test as a qualification to his post as a soldier in the United States Army," a violation of Article VI, Clause 3 of the Constitution.
Methodist Pavillion Loses Tax Exemption For Refusing To Host Civil Unions
Nebraska State Senator Sues God To Protest Frivolous Lawsuits
UPDATE: On Thursday, the Christian Post reported that a one page document mysteriously appeared on the counter in the clerk's office at the Douglas County Court House. Captioned a "Special Appearance", it argues that Chambers' lawsuit should be dismissed because there was not proper service of a summons on defendant.
Paper Profiles Bush's Orthodox Jewish Attorney General Nominee
Turkey's Prime Minister Wants To Permit Headscarves To Be Worn At Universities
Tuesday, September 18, 2007
Mukasey Decided Few Religion Cases As Judge
In three cases, Mukasey denied prisoner free exercise claims: Robinson v. Scully, 1990 U.S. Dist. LEXIS 3632 (SDNY, 1990) (removal of prisoner's kufi during search); Prins v. Coughlin, 1995 U.S. Dist. LEXIS 8673 (SDNY, 1995) (Jewish prisoner protests lack of hot kosher food); Salahuddin v. Mead, 2000 U.S. Dist. LEXIS 3932 (SDNY, 2000) (Muslim prisoner denied access to chaplain during prison work program hours).
Candidates' Religious Views Continue As An Issue Among Christian Conservatives
Meanwhile, the Florence (AL) Times Daily says that Fred Thompson's performance on the campaign trail is causing concern among conservative Christian voters. Thompson has said that he does not belong to a church in his home community in Virginia and does not attend church regularly. He says he attends services when he visits his mother in Tennessee. He also has declared that he will not talk about religion in his campaign.
Pope Comments On Church-State Relations
Speaking about the broad question of Church-state relations in a democratic society, Pope Benedict said that the faith "serves all of society by shedding light on the foundation of morality and ethics, and by purifying reason, ensuring that it remains open to the consideration of ultimate truths and draws upon wisdom." In making that contribution, he said, the Church does not threaten the proper authority of the state, but "keeps public debate rational, honest and accountable."Zenit reprints additional portions of his remarks.
South Korea To Permit Alternative Service For Conscientious Objectors
California City To Consider Return of Creche To Public Property
No Religious Discrimination In Denial Based On Religious Arguments
Monday, September 17, 2007
Creationism Group Using Copyright Law To Silence Critics On YouTube
California Supreme Court To Hear Episcopal Church Dispute
New Articles, Books and DVD's of Interest
- John Mikhail, The Free Exercise of Religion: An American Perspective, (chapter in Matthias Mahlmann and Hubert Rottleuthner, eds., Ein neur Kampf der Religionen? Staat, Recht und religiose Toleranz (2007)).
- Haider Ala Hamoudi, The Muezzin's Call and the Dow Jones Bell: On the Necessity of Realism in the Study of Islamic Law, (American Journal of Comparative Law, Vol. 56, No. 2, 2008).
- Margaret F. Brinig, Children's Beliefs and Family Law, (Notre Dame Law School Legal Studies Research Paper Series, Sept. 11, 2007, Forthcoming).
- Martha Minow, Should Religious Groups Be Exempt from Civil Rights Laws?, (Boston College Law Review, Forthcoming).
- Martha Minow, Tolerance in an Age of Terror, (Southern California Interdisciplinary Law Journal, Vol. 16, No. 3, 2007).
From SmartCILP:
- Roger W. Bowen, Exploring the Role of Religion, 53 Loyola Law Review 157-163 (2007).
- Catholicism and the Court: The Relevance of Faith Traditions to Jurisprudence. Keynote address by Hon. Diarmuid O'Scannlain; panel articles by Margaret O'Brien Steinfels, Michael J. Gerhardt, Sheldon Goldman, Edward A. Hartnett, Brian Z. Tamanaha, Sanford Levinson, Robert F. Cochran, Jr., Scott C. Idleman and Hon. Joan B. Gottschall. 4 University of St. Thomas Law Journal 157-341 (2006).
Vol. XXII, No.2 of the Journal of Law and Religion (2006-07) has recently been published.
Recent Books:
- Stephen Bates, God's Own Country: Tales from the Bible Belt, (Hodder & Stoughton, July 2007), reviewed by The Guardian.
- Mark Lilla, The Stillborn God: Religion, Politics and the Modern West, (Alfred A. Knopf, 2007), reviewed by the Wall Street Journal and the New York Times.
New DVD:
- Baptist Center for Ethics, Golden-Rule Politics: Reclaiming the Rightful Role of Faith in Politics, (2007), reviewed by The Tennessean.
Pennsylvania Weddings By Clergy Without Congregations Ruled Invalid
Israeli Rabbinate Fears Conversion Efforts During Sukkot Festivities
Reward Offered For Assassination of Artist Who Drew Offensive Muhammad Cartoon
Sunday, September 16, 2007
Recent Prisoner Free Exercise Cases-- District, Circuit and State Decisions
In Travillion v. Coffee, (3d Cir., Sept. 12, 2007), the U.S. 3rd Circuit Court of Appeals rejected Establishment Clause and Equal Protection challenges to actions of the food service contractor for the Allegheny County (PA) jail. During the 2004 Lenten season, it served vegetarian meals to all inmates, regardless of their religious affiliation.
In Williams v. Thurmer, 2007 U.S. Dist. LEXIS 65628 (ED WI, Aug. 27, 2007), a Wisconsin federal district court held that plaintiff stated a claim under the Free Exercise clause and RLUIPA when he alleged that prison officials prevented him from obtaining the Quran and other religious material and from cleaning himself prior to praying. He also adequately stated an Equal Protection claim, alleging that Christian inmates could possess Bibles while he was not permitted to possess a copy of the Quran.
In Messere v. Dennehy, 2007 U.S. Dist. LEXIS 65529, (Aug. 8, 2007), magistrate's report adopted, 2007 U.S. Dist. LEXIS 65442 (D MA, Aug. 30, 2007), a Massachusetts federal district court denied defendant's motion to dismiss a suit brought against her by a prisoner who was denied transfer to a lower security prison because he refused to attend religious-based AA/ NA programs.
In McGowan v. Cantrell, 2007 U.S. Dist. LEXIS 64534 (ED TN, Aug. 30, 2007), as part of a case asserting a series of claims, a prisoner alleged that his Free Exercise rights were violated when prison authorities took his Bibles, Bible Dictionary, and Bible Concordance away from him for one day. The court concluded that plaintiff had not demonstrated that he was denied a reasonable opportunity to practice his religion.In Williams v. Fleming, 2007 U.S. Dist. LEXIS 67738 (WD VA, Sept. 13, 2007), plaintiff complained that prison authorities improperly interfered with his religiously motivated attempt to fast for 40 days. The court held that there are valid penological interests for prohibiting an inmate from fasting for that period of time. It also rejected his claims that officials retaliated against him because of his exercise of his religious beliefs.
In Andersen v. Griffin, (CA 4th Dist. Ct. App., Sept. 13, 2007), a California appellate court rejected a claim by an inmate held in protective custody that the Establishment Clause was violated by a correctional program coordinator who frequently tuned the television set watched by inmates to a religious channel that promoted a single religion. Plaintiff asserted that this amounted to promoting a specific religion to the inmate population.
Another Interesting Installment In the Mt. Soledad Cross Litigation
In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 67766 (SD CA, Sept. 13, 2007), the California federal district court quashed the subpoena and issued a protective order to LiMandri. It held that questioning LiMandri would intrude into matters protected by the "speech or debate" clause and would "produce a harmful chilling effect on the right of federal legislators to gather information and consult with paid or non-paid advisors with regard to prospective legislative activities and decisions."
A second ground for quashing the subpoena is perhaps the most interesting. The court said that the Lemon test for determining whether there has been an Establishment Clause violation looks at whether an informed objective observer would perceive that the government has endorsed religion by its challenged action. However, "Mr. LiMandri does not fit the mold of an objective observer. Any testimony Mr. LiMandri may therefore have regarding his observations of the memorial are unhelpful and irrelevant to the Lemon test's effect prong." Finally the court relied on the attorney-client privilege as well as a basis for its conclusion that LiMandri should not be forced to testify.
D.C. Church's Meeting Held Invalid, Negating Vote To Oust Pastor
D.C. Circuit Hears Arguements on Application of RFRA to Guantanamo
Religious Schools In Britain Are Focus of Government Policies
Meanwhile, Britain's Department for Children, Schools and Families last week released a document titled Faith in the System. The document, a joint statement with Christian, Hindu, Jewish, Muslim and Sikh supporters of faith schools, seeks to increase understanding of the role of publicly-funded schools with a religious character.
Saturday, September 15, 2007
7th Circuit Rejects Free Exercise Challenge To O'Hare Airport Expansion
The Court found that no free exercise violation occurred when the Illinois legislature amended the state’s Religious Freedom Restoration Act to exclude from its provisions Chicago’s actions in relocating cemeteries or graves as part of carrying out the O’Hare expansion. The amendment was found both to be a neutral law of general applicability and to meet the strict scrutiny test. The Court also rejected challenges under the Equal Protection Clause and RLUIPA.
Judge Ripple, dissented, saying:
I believe that the amendments to the Illinois Religious Freedom Restoration Act … made in the O’Hare Modernization Act … violate the Free Exercise Clause, and, for that reason, must be subject to strict scrutiny. I further believe that there remain factual questions regarding whether the City of Chicago … has shown that the proposed modernization and expansion plan of O’Hare Airport is narrowly tailored to meet the compelling interest the City claims. These factual issues render dismissal inappropriate at this stage in the litigation.Chicago Business and the Wayne (IL) Republican both report on the decision. (Also see prior posting.)