Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, April 28, 2008
Indian State Implements Anti-Conversion Law
Meanwhile, according to Zee News, near Mumbai on Sunday some 1,793 individuals underwent reconversion to Hinduism as part of a campaign by Narendra Maharaj who says he has reconverted over 42,000 people mainly in the tribal areas of Maharashtra, Gujarat and Maharashtra.
9th Circuit Says School Can Require Relgious Clubs Be Open To All
Florida Commission Approves Constitutional Proposal For School Vouchers
Earlier this month, the voucher amendment fell one vote short of the 17 needed for its approval. However on Friday, 19 members of the Commission voted in favor of it, apparently in exchange for the Commission's also approving a proposed amendment that would lower property taxes by 25% and replace the lost revenue with other sources including an increased sales tax. Altogether, the Commission has approved seven constitutional amendments for the November ballot, including one that would repeal the state's "Blaine Amendment" ban on public financial aid to religious institutions. (See prior posting.)
Sunday, April 27, 2008
Japanese Man Charged For Dumping Buddhist Altar Beside Expressway
Episcopal Church Sues For Property of Break-Away California Diocese
FLDS Mothers Unsuccessful So Far In Seeking Return of Children
Meanwhile, Texas Rangers continue to investigate charges that the original call to authorities that led to the raid was not authentic. (See prior posting.) An arrest warrant (full text) has been issued for a Colorado Springs, CO woman, Rozita Swinton, who has a history of making false reports of abuse.
Meanwhile an AP story published Friday says that the breadth of the custody order issued in Texas raises constitutional issues. Jessica Dixon, director of SMU Law School's Child Advocacy Center described the order as an unprecedented "class-action child removal". Of particular concern is whether there was justification for removing the 130 children under five years of age, and the over two-dozen teenage boys, none of whom apparently had been the victims of abuse. Also apparently not all residents of the Ranch practiced polygamy. A Child Protective Services spokesman said that the state has no way to protect the young children from possible future abuse if they remain at the Ranch.
Birminghm, AL Mayor Holds Sackcloth and Ashes Prayer Rally to Fight Crime
UPDATE: Here is the full text of the mayor's Proclamation declaring the day for prayer in sackcloth and ashes. [Thanks to Dispatches From the Culture Wars for the lead.]
Florida Court Rejects Religious Defense To Unlicensed Midwifery Charges
Meanwhile Saturday's Houston Chronicle features a story about a Pennsylvania midwife who is appealing a cease and desist order issued against her by the Pennsylvania State Board of Medicine. Diane Goslin served many in Pennsylvania's Amish community. She is a certified professional midwife, but not a nurse-midwife as required by Pennsylvania law. (See prior related posting.)
Friday, April 25, 2008
Utah Supreme Court Rejects Mission's Zoning Challenge On Procedural Grounds
Jewish Groups Diverge On Joining Church-State Brief
The brief was filed in American Atheists, Inc. v. City of Detroit Downtown Development Authority, a case challenging the disbursement of public beautification funds to three Detroit churches in an attempt to improve the external appearance of buildings in areas of the city prior to the 2006 Super Bowl. (See prior posting.) Marc Stern, AJCongress general counsel, said AJCongress did not participate because they believe that in light of recent precedents allowing greater church-state interaction the challenge to city funding will be unsuccessful. Americans United issued a release describing the brief which asserts in part: "The lessons of history are compelling: Governmental aid to construct and maintain houses of worship degrades religion and distorts government."
Today is "Day of Silence"; 7th Circuit Allows "Day of Truth" T-Shirt
For the past four years, the Alliance Defense Fund has sponsored a "Day of Truth" on the school day following Day of Silence. This year that is April 28. The Day of Truth website says the event "was established to counter the promotion of the homosexual agenda and express an opposing viewpoint from a Christian perspective." Sponsors encourage students to wear T-shirts and hand out cards in class with their counter-message.
Just in time for this year's dueling events, the U.S. Seventh Circuit Court of Appeals decided Nuxoll v. Indian Prairie School District #204, (7th Cir., April 23, 2008), a case growing out of an Illinois high school's limits on messages that could be displayed on Day of Truth T-shirts. Messages could be positive ones, but not negative ones that impugned another group. The court approved a preliminary injunction limited to permitting plaintiff to stencil the slogan "Be Happy, Not Gay" on his T-shirt this year. Judge Posner's majority opinion said even this might be shown to be improper after a fuller record is developed in the case. Judge Rovner concurred, writing an opinion indicating that she had a broader view of permissible student speech. Alliance Defense Fund issued a release praising the decision, as did the ACLU of Illinois. (See prior posting.) [corrected].
White House Holds Summit On Faith-Based Inner-City Schools
Pelosi Challenged On Her Earth Day Biblical Quote
UPDATE: Get Religion on Friday commented on CNS's coverage of Pelosi's remarks, quibbling primarily about the story's failure to emphasize tbe Biblical motivation of many environmentalists.
Florida Considering An "I Believe" Specialty Plate
UPDATE: On April 29, the Florida legislature passed and sent to the governor S734 which provides for 4 new specialty license plates, including an "In God we Trust" plate. However the bill does not include the "I Believe" plate. Nevertheless, according to AP, now the South Carolina legislature is considering an "I Believe" specialty plate. It received key SC state senate approval on Tuesday.
Rep. Myrick Proposes Measures Against Radical Islam
Myrick's Agenda also calls for the Internal Revenue Service to investigate the Council on American-Islamic Relations (CAIR). Among its other points, the Agenda proposes legislation to outlaw the preaching, publication, or distribution of materials calling for the death of American citizens or attacks on the United States Government or Armed Forces. It proposes restricting R-1/R-2 religious visas for imams who come from countries that do not allow reciprocal visits by non-Muslim clergy, and it presses for reform of Saudi text books. While Myrick is head of the Congressional Anti-Terrorism Caucus, these proposals are hers and not those of the Caucus. [Thanks to Alliance Alert for the lead.]
Jury Finds For Church In $3.7M RLUIPA Verdict
Thursday, April 24, 2008
Bald Eagles Limit Florida Church's Expansion Plans
President Proclaims 2008 National Day of Prayer Amid Call for More Inclusiveness
Appellate Court Rejects Challenge To Religious References By Prosecutor
San Diego Agrees Church Can Feed the Poor Without a Permit
Appeal Filed In Case of Wisconisn Pharmacist
Recent Articles Of Interest
- Natasha Bakht, Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women, (Muslim World Journal of Human Rights, Vol. 1, No. 1, 2007).
- Jeremy J. Patrick, Not Dead, Just Sleeping: Canada's Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation, (April 17, 2008).
- Susan Benesch, Vile Crime or Inalienable Right: Defining Incitement to Genocide, (Virginia Journal of International Law, Vol. 48, No. 3, 2008).
- Carl H. Esbeck, Protestant Dissent and the Virginia Disestablishment, 1776-1786, (Georgetown Journal of Law & Public Policy, Vol. 7, No. 1, 2008).
- William S. Brewbaker, Book Review: Rediscovering the Natural Law in Reformed Theological Ethics - By Stephen J. Grabill, (Journal of Law and Religion, Vol. XXIII, No. 1, 2007-08).
- Carl H. Esbeck, Carl H., The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Service Programs, (Engage, Vol. 9, No. 2, June 2008).
- Linda C. McClain, Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative, (Loyola University Chicago Law Journal, Vol. 39, p. 361, 2008 ).
From SmartCILP:
- Slavoj Zizek, The Secret Clauses of the Liberal Utopia., 19 Law & Critique 1-18 (2008).
Moderate Italian Muslims To Form New Federation
Wednesday, April 23, 2008
Recent Prisoner Free Excercise Cases
In Poullard v. Federal Bureau of Prisons, 2008 U.S. Dist. LEXIS 16924 (D DC, March 6, 2008), a D.C. federal district court transferred to the Eastern District of Texas an inmate's claim that federal prison authorities in Texas disrespected his Ifa faith through various actions.
In Ware v. Garnett, 2008 U.S. Dist. LEXIS 30336 (SD IL, March 31, 2008), an Illinois federal district court adopted a magistrate's recommendations and dismissed claims by a Muslim inmate that he should receive a Halal diet and a Sunni prayer mat. It also rejected complaints that Muslim inmates were required to worship in small groups, that he was not permitted to wear religious head gear, and that he was not permitted to teach fellow inmates Arabic or preach in Arabic.
In Nelson v. Miller, 2008 U.S. Dist. LEXIS 30525 (SD IL, March 31, 2008), and Illinois federal magistrate judge dismissed a Catholic inmate's claims against an Illinois prison chaplain who refused to approve a vegan diet for him for Fridays after the chaplain determined that the Catholic faith did not require the inmate's adherence to the Rule of St. Benedict.
In Malik v. Clarke, 2008 U.S. Dist. LEXIS 31175 (WD WA, April 15, 2008), a Washington federal district court referred back to a magistrate a complaint by an inmate that he was allowed to use his Muslim name on mail only if hefirst used the name under which he was committed (followed by his new name).
In Sundown v. Texas Department of Criminal Justice, 2008 U.S. Dist. LEXIS 31508, (SD TX, April 16, 2008), a Texas federal district court rejected a complaint by five Native Americans seeking weekly religious classes and services.
Judge Seeks To Accommodate Prayer Sessions Of FLDS Mothers and Children
At the same time, Judge Walther refused to issue a temporary restraining order requiring that FLDS nursing mothers be allowed to stay with their children. Instead the judge left the matter to be worked out through informal negotiations between the mothers' attorneys and CPS which, as of now, plans to separate adult mothers from their children once the state finishes collecting DNA samples. In another development, CPS now says that the count of FLDS children in state custody is 437, not the originally reported 416.
Court Says Gideon Bible Distribution To 5th Graders Violated Establishment Clause
Despite the principal's statement that the children did not have to take a Bible, by allowing the Gideons to set up immediately outside the principal’s office, the School Board "created the impression in young, impressionable minds that 'the school endorsed a particular belief: Christianity.'" ... Therefore, this Court determines that the distribution of Bibles was ultimately coercive...; that distribution of Bibles is a religious activity without a secular purpose... and that distribution by the Gideons amounted to promotion of Christianity by the School Board....The Advocate yesterday reported on the court's decision. (See prior related posting.)
Israel High Court Gives Citizenship To Messianics-- Does Not Recognize Them As Jews
Two notions underlie the High Court's disposition of the case. First,the Law of Return as amended in 1970 applies not just to Jews, but also to non-Jewish children and grandchildren of Jews, except for a person who has been a Jew and has voluntarily changed his religion. A Jew is defined as the child of a Jewish mother or someone who has converted to Judaism. The child of a Jewish father and a non-Jewish mother is not Jewish, and that person's embrace of another religion does not make him or her a convert who is ineligible for citizenship under the Law of Return.
The 12 Messianics involved in last week's case were children of Jewish fathers, not of Jewish mothers. Therefore the decision is not inconsistent with the Beresford case handed down 15 years ago in which the High Court held that Messianic Jews whose mothers were Jewish (and thus who were originally recognized as Jewish) are not entitled to citizenship under the Law of Return because they were Jews who had voluntarily converted.
India's Supreme Court Rejects Bid For Pilgrimage Funding For Non-Muslims
8th Circuit Hears Arguments In Sacramental Marijuana Case
Afghanistan Orders TV Networks To End Indian Soap Operas
Court Dismisses Claim Against US Over Local School Practices
Tuesday, April 22, 2008
CRS Issues Report On Churches and Political Campaign Activity
Court Rejects Challenge To "In God We Trust" License Plates
Cert. Denied In 1964 Civil Rights Act Religious Exemption Case
Court Refuses To Overrule Diocese Decision to Close Church
DC Circuit Hears Oral Argments In Case On White House Logs of Pastors' Visits
Court Refuses To Order Church Election For Pastor
EU Will Not Press Claim Against Ireland's Employment Law Exemptions
New York Episcopal Diocese Sues Break-Away Congregation Over Property
Monday, April 21, 2008
Politicians Send Passover Greetings
FLDS Children Remain In Custody As Legal Issues Swirl Around Them
At the beginning of last week, mass e-mails were sent out to attorneys appealing for volunteers. There was a run on paper as court officials sought to make thousands of copies so each attorney would have all of the filings. A 3 1/2 -hour training session was set up in a local bank to train attorneys on family code laws. As attorneys from across the state signed up to offer their services for free, hotels booked up in the college town of San Angelo. E-mails went out appealing for locals to offer spare rooms, sofas and cots.Sunday's Salt Lake Tribune says that the breadth of the court's custody ruling may set the stage for a constitutional test of the ban on polygamy. Meanwhile today's Christian Science Monitor discusses the unusual public relations campaign undertaken by the FLDS women who are attempting to regain custody of their children.
Indonesia Says It Will Dissolve Deviant Muslim Sect
UPDATE: In a move against another "deviant" Islamic sect, on Wednesday an Indonesian court sentenced Ahmad Mushaddeq to four years in prison for blasphemous acts. The AP reports that in 2000 Mushaddeq formed the Al-Qiyadah Al-Islamiyah sect that, at its height, had 40,000 followers.
UPDATE: On April 28, Reuters reorted that hundreds of hardline Indonesian Muslims attacked and burnt an Ahmadiyya mosque in West Java after the mosque failed to remove a signboard.
Freethinkers Sue Fargo Over Refusal To Pemit Monument Near City Hall
Friday, April 18, 2008
Pope Addresses United Nations-- Focuses On Human Rights
The Washington Post reports on the Pope's s address and also links to a video of his speech to the General Assembly. In separate remarks (full text), the Pope gave special thanks to the administrative staff and employee of the United Nations for their ongoing work.Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian - a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer. The activity of the United Nations in recent years has ensured that public debate gives space to viewpoints inspired by a religious vision in all its dimensions, including ritual, worship, education, dissemination of information and the freedom to profess and choose religion.
It is inconceivable, then, that believers should have to suppress a part of themselves - their faith - in order to be active citizens. It should never be necessary to deny God in order to enjoy one's rights. The rights associated with religion are all the more in need of protection if they are considered to clash with a prevailing secular ideology or with majority religious positions of an exclusive nature. The full guarantee of religious liberty cannot be limited to the free exercise of worship, but has to give due consideration to the public dimension of religion, and hence to the possibility of believers playing their part in building the social order.
Passover Begins Tomorrow Night; Court Upholds Passover Food Limits At Federal Prison
DC Circuit Affirms Dismissal of Navy Chaplain's RFRA Claim
President Speaks At National Catholic Prayer Breakfast
Priest Sexual Abuse Victims Win Court Decision; Meet With Pope
Meanwhile, in Washington, DC yesterday, Pope Benedict XVI met with five clergy sexual abuse victims. Yesterday's Boston Globe reports on the private meeting that was facilitated by Boston's Cardinal Sean P. O'Malley.
British Spiritual Healers Object To Coverage By EU Directive
Pope Visits With Leaders of Other U.S. Religions
Court Rejects Ministerial Exception Defense Raised By Catholic School
Pastors Council Files IRS Charges Against Americans United
Thursday, April 17, 2008
Hearing On Custody of FLDS Children Is Chaotic
The AP says that a major issue in the case will be whether the entire YFZ Ranch is the "home" of each child, or only individual house in which the child lives. Apparently Texas law provides for removal of children if sexual abuse is occurring in a "home" and a parent does not stop it
House Passes Religious Worker Visa Extension Act
Claims Against Permit Requirement For Feeding Homeless In Park Move Ahead
Court Awards Nominal Damages and Attorneys Fees In Religious Display Case
Religion Clause Blog-- 3 Years Old Today!
Pope Expresses Concern to Bishops Over Proper Catholic Input On Public Policy
As preachers of the Gospel and leaders of the Catholic community, you are also called to participate in the exchange of ideas in the public square, helping to shape cultural attitudes. In a context where free speech is valued, and where vigorous and honest debate is encouraged, yours is a respected voice that has much to offer.... By ensuring that the Gospel is clearly heard ... you help to spread the message of Christian hope throughout the world.In response to a question about "the challenge of increasing secularism in public life and relativism in intellectual life", the Pope was able to express his concerns at greater length. He said:
... In the United States, as elsewhere, there is much current and proposed legislation that gives cause for concern ... and the Catholic community ... needs to offer a clear and united witness on such matters. Even more important, though, is the gradual opening of the minds and hearts of the wider community to moral truth.... Crucial in this regard is the role of the lay faithful to act as a "leaven" in society. Yet it cannot be assumed that all Catholic citizens think in harmony with the Church's teaching on today's key ethical questions. Once again, it falls to you to ensure that the moral formation provided at every level of ecclesial life reflects the authentic teaching of the Gospel of life.
It strikes me as significant that here in America, unlike many places in Europe, the secular mentality has not been intrinsically opposed to religion. Within the context of the separation of Church and State, American society has always been marked by a fundamental respect for religion and its public role, and, if polls are to be believed, the American people are deeply religious. But it is not enough to count on this traditional religiosity and go about business as usual, even as its foundations are being slowly undermined....
.... Perhaps America's brand of secularism poses a particular problem: it allows for professing belief in God, and respects the public role of religion and the Churches, but at the same time it can subtly reduce religious belief to a lowest common denominator. Faith becomes a passive acceptance that certain things "out there" are true, but without practical relevance for everyday life. The result is a growing separation of faith from life.... This is aggravated by an individualistic and eclectic approach to faith and religion: ... each person believes he or she has a right to pick and choose, maintaining external social bonds but without an integral, interior conversion to the law of Christ. Consequently ... Christians are easily tempted to conform themselves to the spirit of this age.... We have seen this emerge in an acute way in the scandal given by Catholics who promote an alleged right to abortion.
On a deeper level, secularism challenges the Church to reaffirm and to pursue more actively her mission in and to the world.... In a word, the Gospel has to be preached and taught as an integral way of life, offering an attractive and true answer, intellectually and practically, to real human problems....
... I believe that the Church in America, at this point in her history, is faced with the challenge of recapturing the Catholic vision of reality and presenting it, in an engaging and imaginative way, to a society which markets any number of recipes for human fulfillment. I think in particular of our need to speak to the hearts of young people, who, despite their constant exposure to messages contrary to the Gospel, continue to thirst for authenticity, goodness and truth....
Ohio School Teacher Refuses To Remove Bible From Student View
UPDATE: An article in Wednesday's Mount Vernon News gives some context to the dispute with Freshwater. The Mt. Vernon Board of Education this week turned down a proposed policy that called for inclusion in science classes of information critical of evolutionary theories. The proposal by school board member Dr. Margie Bennett revived an "objective origins science policy" that was turned down at a previous meeting and that had been proposed by none other than teacher John Freshwater.
French Prime Minister Honors Anniversary of Jewish Consistories
Wednesday, April 16, 2008
Pope Welcomed In Elaborate White House Ceremony
Here in America you'll find a nation that welcomes the role of faith in the public square.... Here in America, you'll find a nation that is fully modern, yet guided by ancient and eternal truths.... Most of all, Holy Father, you will find in America people whose hearts are open to your message of hope.The program included the singing of the Lord's Prayer by soprano Kathleen Battle. At yesterday's White House press briefing (full text), reporters raised the issue of religious elements in the planned welcome through this exchange:
Q :How does the White House balance the different elements for an arrival ceremony? Is it a secular head of state arrival? Is it, in part, religious overtones, with the singing of "The Lord's Prayer"?
[PRESS SECRETARY] PERINO: Well, this is a little bit different, in that the head of state is also the head of the Catholic Church that is visiting the White House. And so I think we've struck the right balance, and that it's perfectly appropriate for the White House to welcome the Pope and have one of the songs performed tomorrow by Kathleen Battle -- who we are very happy to have at the White House -- she'll be singing "The Lord's Prayer." And many people across America and across the world say that prayer in order to provide themselves comfort and confidence in getting their day started. And so we think it's perfectly appropriate.
10th Circuit Says RFRA Gives Defense, Not Immunity From Trial
3rd Circuit Upholds Ban on Coach's Pre-Game Prayer
when viewing the acts in light of Borden’s twenty-three years of prior prayer activities with the East Brunswick High School football team during which he organized, participated in, and even led prayer activities with his team, a reasonable observer would conclude that Borden was endorsing religion when he engaged in these acts.In interesting dicta, the majority said: "We agree with Borden that bowing one’s head and taking a knee can be signs of respect. Thus, if a football coach, who had never engaged in prayer with his team, were to bow his head and take a knee while his team engaged in a moment of reflection or prayer, we would likely reach a different conclusion because the same history and context of endorsing religion would not be present." In a concurring opinion, Judge McKee disagreed with this dicta. Judge Barry also wrote a concurrence. Newsday reports on the decision.
Georgian Party Wants To Create Orthodoxy As Official Religion
White House Proclamation Marks Rebbe's 106th Birthday
UPDATE: The full text of the 2008 Proclamation is now available from the White House website.
Dutch Court Rejects Religious Objections of Marriage Registrars
Tuesday, April 15, 2008
Pope Greeted Upon Landing By President; Tomorrow's Schedule Announced
UPDATE: Last Friday, in anticipation of the Pope's visit, President George W. Bush granted a lengthy interview (full transcript) to EWTNews. In response to the question of why he was greeting the Pope at Andresw, Bush said: "Because he is a really important figure in a lot of ways. One, he speaks for millions. Two, he doesn't come as a politician; he comes as a man of faith. And, three, that I so subscribe to his notion that ... there's right and wrong in life, that moral relativism has a danger of undermining the capacity to have more hopeful and free societies, that I want to honor his convictions, as well." [Thanks to Alliance Alert for the lead.]
Mt. Soledad Cross Challenge Back In Court
Kentucky Judge Rejects Divorced Dad's Objection To Catholic School For Son
British Vicar Will File Employment Rights Lawsuit
Recent Prisoner Free Exercise Cases
In Atomanczyk v. Quarterman, 2008 U.S. Dist. LEXIS 27842 (ND TX, April 3, 2008), a Texas federal district court rejected Free Exercise, RLUIPA and equal protection claims by an inmate who identified himself as a "Religious Consciencious Adherant." He complained that prison rules require him to shave his beard and cut his hair; and deny him eligibility for a "special religious transfer" based on his custody classification.
In Nolley v. County of Erie, 2008 U.S. Dist. LEXIS 27686 (WD NY, March 31, 2008), a New York federal district court rejected claims by plaintiff that her Free Exercise rights were violated while she was held as a pre-trial detainee. She claims that on six occassions, she was denied the opportunity to attend church services and bible study. the court held that plainitff's complaint failed to allege the elements of a First Amendment claim.
In Sharp v. Johnson, 2008 U.S. Dist. LEXIS 29360 (WD PA, April 7, 2008), in a lengthy opinion a Pennsylvania federal magistrate judge rejected on a variety of procedural and substantive grounds plaintiff's complaint that prison authorities refused to separately recognize and accommodate a break-away group of some 50 Sunni Muslim prisoners who claimed that their Ahlus Sunnati wal Jama'ah sect differed in beliefs and practices from the recognized Sunni group of Muslim prisoners.
In Hernandez v. Mera, 2008 U.S. Dist. LEXIS 29596 (SD FL, March 4, 2008), a Florida federal magistrate judge recommended rejection of plaintiff's complaint that administrative confinement inmates are prohibited from participating in any religious programs or church services. The court held that plaintiff failed to name any individual responsible for the claimed denials.
Chabad.org News reported on Sunday that Vermont has settled Bock v. Gold, a suit brought by a Jewish prisoner who had been denied kosher food and various items to celebrate the holidays of Passover, Hanukkah and Purim. Last November, a federal magistrate judge ruled that plaintiff's free exercise claim for punitive damages could move ahead. In the settlement, the state agreed to pay damages of $25,000, change its religious practice rules for prisons (see prior posting), and rely for Jewish prisoners on recommendations of the Aleph Institute.