Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, November 01, 2005
Attempt To Vacate Mt. Soledad Cross Ruling Filed
UPDATE: The Oct. 31 San Diego Union Tribune reported that Judge Cowett refused to hold a hearing on the motion to vacate her earlier ruling. An appeal to the 4th District Court of Appeals is planned.
Coptic Churches In Egypt Attacked By Muslims
Does Excommunication Violate Ky. Civil Rights Act?
Alito's 3rd Circuit Religion Decisions
Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (October 15, 2004) OVERVIEW: Preliminary injunction properly ordered a school district to treat a child evangelism group like other community groups with regard to distribution of literature; group was likely to succeed on viewpoint discrimination claim under Free Speech Clause.
Blackhawk v. Pennsylvania, 381 F.3d 202 (August 20, 2004) OVERVIEW: Native American's free exercise rights were violated when he was denied a religious exemption from permit fees required because he owned two black bears. The fee regime's provisions were underinclusive and thus not generally applicable.
Fraise v. Terhune, 283 F.3d 506 (March 13, 2002) OVERVIEW: New Jersey prison policy that allowed correctional officials to designate "security threat groups" (STGs) did not violate equal protection in view of greater propensity for violence demonstrated by members of the STG.
Abramson v. William Paterson College, 260 F.3d 265, August 3, 2001, Concurrence by Alito, J. OVERVIEW: In religious discrimination suit, appellate court reversed summary judgment for the employer because the employee established a prima facie case for hostile work environment, religious discrimination, and retaliation.
ACLU-NJ v. Township of Wall, 246 F.3d 258 (April 3, 2001) OVERVIEW: Taxpayer plaintiffs failed to establish standing in their First Amendment holiday display claim where the record established that both the nativity display and the menorah at issue were donated to defendant Township.
Saxe v. State College Area Sch. Dist., 240 F.3d 200 (February 14, 2001) OVERVIEW: Public school district's student-on-student anti-harassment policy was unconstitutionally overbroad because it prohibited non-vulgar, non-sponsored student speech and did not satisfy the Tinker substantial disruption test.
C.H. v. Olivia, 226 F.3d 198 (August 28, 2000), cert. denied June 18, 2001. Dissent by Alito, J. OVERVIEW of majority opinion: Where it was not alleged that the removal of a student's poster occurred as a result of any school policy against the exhibition of religious material, judgment for school officials was remanded to allow plaintiff to amend her complaint.
FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (March 3, 1999) cert. denied October 4, 1999. OVERVIEW: Police department's policy, which prohibited beards, was found to be in violation of the Free Exercise Clause of the First Amendment because it refused to make exemptions for religious reasons, even though medical exemptions were made.
ACLU NJ v. Schundler, 168 F.3d 92 (February 16, 1999) OVERVIEW: A city's display of predominantly religious symbols in holiday display was unconstitutional under the Establishment Clause; however, addition of secular and cultural symbols diluted the display's message of endorsement of religion.
Edwards v. California Univ. of Pa., 156 F.3d 488 (August 10, 1998). cert. denied February 22, 1999. OVERVIEW: University professor did not have First Amendment right to choose classroom materials and subjects in contravention of university's dictates, and his suspension with pay did not violate procedural due process where he was not deprived of employment.
Monday, October 31, 2005
Alito Will Be SCOTUS Nominee
Removal of Polygamous Judge Sought
O Centro Case Scheduled For Supreme Court Argument Tomorrow
An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.
Schools Increasingly Avoid Traditional Halloween Rites
Prince Charles Will Urge Bush To Appreciate Islam More
Sunday, October 30, 2005
Native American Prisoner's Religious Claims Rejected
Washington State 10 Commandments Case Appealed
Saturday, October 29, 2005
New Scholarly Publication
Susan Pace Hamill, An Evaluation of Federal Tax Policy Based on Judeo-Christian Ethics, to apear in the Winter 2006 Virginia Tax Review.
Football Coaches Push Prayer
Friday, October 28, 2005
Churches Cooperate Extensively With States In Katrina Disaster Aid
Trial Challenging Indiana Legislative Invocations Begins
Ohio Issues Draft School Voucher Program Rules
Parent Can Require School Board To Discuss Evolution Alternatives
While dismissing some of plaintiff's claims on Eleventh Amendment grounds, the court denied defendants' motion to dismiss his free speech, establishment clause, due process and equal protection claims. The court found that plaintiff sufficiently alleged that defendants restricted his speech in a limited public forum on the basis of it content. Plaintiff's Establishment Clause claim asserted that defendants do not allow Christian citizens to participate in public debates and public policy-making to the same extent as non-Christians. In refusing to dismiss the claim, the court held that plaintiff sufficiently alleged that the primary purpose of the defendant's actions was to disapprove of his actual or perceived religious beliefs.
The full text of the complaint in the suit is available online, as is Caldwell's press release on his victory. Further discussion is in this post from the Center for Science & Culture.
Orthodox Patriarch Sues In Israel's High Court
The suit alleges that the Government is making the grant of the Berat conditional upon acceptance by Patriarch Theophilus of certain real estate sales in East Jerusalem made by his deposed predecessor, Irineus I, to Israeli settlers. The sales are believed by the new Patriarch to be invalid, because they were not approved by the Synod and were made for very low prices. The Government has not yet responded to the suit.
Objection To Prayers In Peoria Council Chamber
Japan Constitution Draft Would Change Religion Provisions
Inmate's Challenge To AA/NA Not Ripe
Thursday, October 27, 2005
Schools Get Into Disputes In Choosing Textbooks About Religion
Danforth Decries Influence of Evangelicals In Republican Party
Prisoner Loses Claim Over Verbal Harassment and Koran Damage
Wednesday, October 26, 2005
Church's Free Exercise and RLUIPA Claims Rejected by 10th Circuit
Judge To Protect Free Exercise Rights As Part of Sentence
Dispute Over Religious Images Found In Hawaii
More than 20 images, believed to be kii, or carved images of gods, were found. Probably dating from the first half of the 19th century, the objects might be religious images hidden when the old Hawaiian religion was overthrown. Or they might be commercial objects created for sale to foreign sailors, said Hawaiian historian Herb Kane. No human bones were found in the lava tube, said the development's archaeological consultant, Paul Rosendahl. He said, since this is not a burial site and the objects were accidentally discovered, the landowner has legal right to determine how to dispose of the artifacts. The three groups responded, "Gods do not belong to individuals; they belong to the community whose values and practices they represent. They are the cultural and intellectual property of a social group." Rosendahl said the developers are not obliged to turn the images over to any particular group that makes a claim. The developers are working with "those with the strongest genealogical and residential ties."
Miers On Church-State In 1993
The law and religion make for interesting mixture but the mixture tends to evoke the strongest of emotions. The underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago. Remembering that fact appears to offer the most effective solutions to these problems once the easier cases are disposed of. For example, if a preacher is committing fraud and it can be shown, even if he is a preacher, he should be stopped. But if we just think people are ignorant or stupid for giving their money for a blessing, that is a different matter. No one should not [sic.] be able to oppressively require a student to participate in religious activities against their will, but if a student on his or her own chooses to express him or herself in religious terms, that should not be prohibited. Where science determines the facts, the law can effectively govern. However, when science cannot determine the facts and decisions vary based upon religious belief, then government should not act. I do not mean to make very complex, emotional issues too simplistic. But some of these issued do not need to be as complicated as they have become if people deal with each other with respect and even reverence.
State To Challenge Ruling On Native American Religious Freedom
House of Lords Votes To Amend Religious Hatred Bill
Monday, October 24, 2005
Sudan Closing Christian Schools For Serving Food During Ramadan
Church-State Issues Shaping Up As Important In Next French Election
Trial Begins On Faith-Based Prison Program
Native American Prisoner Can Proceed On Sweat Lodge Claim
Plaintiff claimed that prison officials violated RLUIPA, the First Amendment and the Equal Protection Clause of the 14th Amendment. The federal district court granted summary judgment to state prison officials on all but one of the claims. On plaintiff's claim that he has been denied access to a sweat lodge for ritual purification, the court denied the state's motion for summary judgment and permitted the claim to move to trial. The court held, however, that defendants are entitled to qualified immunity on plaintiff's claim for monetary damages.
Newly Available Publications
Walter J. Walsh, The Priest-Penitent Privilege: An Hibernocentric Essay In Post Colonial Jurisprudence, 80 Indiana Law Jour. 1037-1089 (2005). [Thanks to SmartCILP].
Sunday, October 23, 2005
Dispute Over Display of Crucifix In Italian Courtroom
The same kind of issue has arisen elsewhere in Italy. In 2003, Muslim activist Adel Smith tried to get a crucifix removed from his son's classroom. An appeals judge ruled that the cross could stay, as a symbol of Italy's cultural heritage and values. Subsequently Smith engaged in self-help. When nurses treating his mother in a public hospital refused to take down the crucifix above her bed, he tossed it out the window.
UPDATE: On Nov. 18, Judge Tosti was convicted of failing to carry out his official duties and was sentenced to seven months in jail, according to the Associated Press. An appeal is planned.
Intelligent Design Proponents Present Effective Witnesses
Editor Sentenced For Blasphemy In Afghanistan
Teheran Paper Decries Christian Missionaries
Religion and Zoning In Rockland County, NY
Saturday, October 22, 2005
Indiana School Attempts To Accommodate Muslim Children
Some Jewish Groups Oppose DHS Funding for "Hardening" Terror Targets
Repeal of British Blasphemy Laws Urged
Federal Legislation Introduced To Aid Schools Educating Storm Victims
The bill would ban public money from being spent for "religious instruction, proselytization or worship." However, critics of school voucher programs said they favored a model in which public school districts purchase services from private schools but retain oversight over the money. Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State said, "I don't see the difference between this program and a voucher program. This gives millions of dollars in virtually unrestricted cash grants to religious schools."
In the House of Representatives this week, leaders introduced a bill that was much closer to a pure voucher system. It would create accounts for parents of children affected by the hurricane, worth up to $6,700 per student that could be used to attend a public or private school for one year.
Friday, October 21, 2005
9th Circuit Arguments On Islam Role-Playing In Schools
Fired Teacher Claims Religious Discrimination
Ohio Amish Campaign For Votes Against Zoning Restrictions
Egyptian Scholars Warn Against Changes To Constitution
NY's Highest Court Upholds Restrictions On Church's Expansion
Rather, the inquiry was whether the proposed expansion could be accomplished in a manner that mitigated the negative impacts on the surrounding community."
Thursday, October 20, 2005
Rep. Jones Urges Executive Order Lifting Restrictions on Military Chaplains
Changes Proposed For British Religious Hatred Bill
Appellate Court Permits Kindergartener's Claim On Jesus Poster To Go To Trial
The court said: "the district court overlooked evidence that, if construed in the light most favorable to Pecks, suggested that Antonio's poster was censored not because it was unresponsive to the assignment, and not because Weichert and Creme believed that JoAnne Peck rather than Antonio was responsible for the poster's content, but because it offered a religious perspective on the topic of how to save the environment." It went on to say: "however, we do not foreclose the possibility that certain aspects of the record might be developed in such a manner as to disclose a state interest so overriding as to justify ... viewpoint discriminatory censorship. For example, The District has proffered its interest in avoiding the perception of religious endorsement as a rationale for not including Antonio's full poster in the environmental assembly." Yesterday's New York Newsday reported on the decision.
Government Reverses Its Position On Deportation of Persecuted Chinese Christian
On October 4, in a surprise move, DHS filed a "Motion to Reopen and Withdrawal of Appeal" with the Board of Immigration Appeals. Then the DOJ's Board of Immigration Appeals reinstated the original decision of the immigration judge that had allowed respondent Li to stay in the United States.
Will City Pay Plaintiff's Legal Fees In Prayer Case?
AZ Police Suspended For Polygamy
NJ Jail Ends Kosher and Halal Meals
Wednesday, October 19, 2005
Review Of Book On Islamic Law In Secular Asian Courts
FEMA To Aid Rebuilding Religious Social Service Facilities, But Not Churches
Civil Protection Order Does Not Violate Free Exercise
Settlement Offer In Suit Against Air Force Academy
Ark and Torah Added To Pentagon Chapel
Interview With Seamus Hasson On Religious Liberty
The biggest threat [to religious liberty in the U.S.] comes from people who think that religious truth is the enemy of human freedom — that the only good religion is a relativist one.... Practically speaking, the threat comes from lawyers, judges, and political elites who think that nativity scenes and menorahs are like secondhand smoke — something that decent people shouldn't be exposed to in the public square.... The second biggest threat is believers who let themselves be goaded into accepting the same false dichotomy between truth and freedom, only on the other side. They fall into the secularists' trap and think that in order to defend the truths of faith they have to oppose the whole idea of human freedom. Like the bureaucrats in a Cobb County, Georgia, jail who tried to prevent Catholic priests from ministering to prisoners because they were afraid some Protestant prisoners would decide to convert.
Discovery Institute Files Amicus Brief In Kitzmiller
The 34-page amicus brief (full text) argues that there are many secular purposes for teaching the theory of Intelligent design, and that teaching it advances science education and does not primarily advance religion. The brief also has 2 Appendices, one setting out the revised expert report of Stephen C. Meyer, PhD, and the other claiming to document that Intelligent Design makes no claims about the identity or nature of the intelligent cause responsible for life.
Monday, October 17, 2005
New Data On Religiously Motivated Hate Crimes In U.S.
In Philippines, Senator Claims Permitting March Would Violate Establishment Clause
Indian Government Seeks Church Assistance In Health Initiative
Sunday, October 16, 2005
Christian Exodus Movement Attracts Few Supporters
Saturday, October 15, 2005
Court Upholds Size Limits For Church Building
First Edition of "The Bloudy Tenant" Discovered
WI Governor Vetoes Bill Allowing Doctors Religious Objections
Friday, October 14, 2005
Christian Groups Urge Support For Digital TV Multicast Must-Carry Provision
The Chairman of the House Committee on Energy and Commerce, Congressman Joe Barton, (R-TX), and Senator Ted Stevens, Chairman of the Senate Committee on Commerce, Science and Transportation are about to introduce digital television legislation. It is believed that the House Chairman opposes inclusion of a "Multicast Must-Carry" provision which would create the level playing field that religious broadcasters need in order to survive in the digital television environment.
The federal government's mandate for all television stations to convert from analog to digital technology has opened the door for broadcasters to offer more than one channel to their viewers. Conservative, faith-based and family friendly broadcasters will be able to offer up to six channels in each city that they operate in.... "Multicast Must-carry" is the only means for ensuring the ability of the Christian broadcasters to get these new channels on digital television.... The cable companies do not readily carry the Christian networks, so this "Multicast Must-carry" law will force cable and satellite companies to put these new faith and family networks on their service.
Dover Trial Drags On; Students Nonplused
"It's only two sentences," said Tyler Shumaker, a ninth-grader. "It's a real short statement. It isn't going to kill anyone to listen to it." Though he doesn't believe the school should be teaching anything in the statement because he considers it religion, he said they can do what they want. He hasn't heard the statement yet, and he doesn't plan on opting out.
Megan Pfleiger, a 10th-grader, didn't opt out last year, and said, "I thought it was no big deal."
Jonathan Shreve, a senior who didn't hear the statement in class, said, "Personally, I think it's a lot over a little sentence. I know for evolution my class only spent five minutes on it."
Town Official Refuses To Remove "God Bless America" Banners
PrawfsBlawg On Miers Nomination and Religious Issue
Properly speaking, there is no religious test problem here; more broadly, events surrounding this nomination raise questions about transparency and cynicism and make clear that clumsy treatments of the intersection between religion and law are not the sole province of the left, or of the non-religious; and I am disappointed that the Becket Fund, which embraced a broad view of the Religious Test Clause where religion is a disqualification for judicial office, has not been equally liberal in its views of whether religion may permissibly serve as a qualification for judicial office.
Recent Publications Of Interest to Religion Clause Readers
Jay D. Wexler, Intelligent Design and the First Amendment: A Response, Washington University Law Quarterly (forthcoming). [from SSRN]
Victor C. Romero, An "Other" Christian Perspective on Lawrence v. Texas, Journal of Catholic Legal Studies, Vol. 45, No. 1, 2005. [from SSRN]
An updated version of Steven H. Sholk's article, A Guide to Election Year Activities of Section 501(c)(3) Organizations, is in Practising Law Institute's course materials for "Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2005".
Biblical Quote In Courtroom Not Grounds For Reversing Death Sentence
Thursday, October 13, 2005
Suit Claims Pro-Evolution Materials Online Violate Establishment Clause
U.S. Report on China Finds Religious Freedom Problems
Congress created the Commission in 2000 to monitor human rights and the development of the rule of law in China. It is made up of nine Senators, nine House members and five senior Administration officials appointed by the President. The Commission chairman in Nebraska Senator Chuck Hagel.
Ontario Labor Board Upholds Employee's Religious Exemption From Joining Union
The employee belonged to a fellowship of believers in Jesus Christ, called the Brethren. A central tenet of theirs is that the Bible permits only one assembly-- the believers of Christ. Membership in a union and all other associations violates this tenet of "separation". The employee also believed in the principle of master and bondsman, which also conflicts with belonging to a union. He owed a loyalty to his employer which would be disturbed if he belonged to a union and it acted on his behalf. The principal requires a direct relationship without a union or any other body as an intermediary. To depend upon a union would detract from his belief that salvation is only through Jesus Christ.
The decision, available in full online is Allan v. I.B.E.W., Local 586 (June 15, 2005).
Wednesday, October 12, 2005
White House Continues To Emphasize Miers' Religious Beliefs
Q Thank you, Mr. President. Why do people in this White House feel it's necessary to tell your supporters that Harriet Miers attends a very conservative Christian church? Is that your strategy to repair the divide that has developed among conservatives over her nominee?The Washington Post reports that earlier Family Research Council leader James Dobson had said that White House aide Karl Rove informed him in advance of the choice of Miers and assured him that "Harriet Miers is an Evangelical Christian, that she is from a very conservative church, which is almost universally pro-life, that she had taken on the American Bar Association on the issue of abortion and fought for a policy that would not be supportive of abortion, that she had been a member of the Texas Right to Life."
PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers' background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers' life is her religion. Part of it has to do with the fact that she was a pioneer woman and a trailblazer in the law in Texas. I remind people that Harriet Miers is one of the -- has been rated consistently one of the top 50 women lawyers in the United States. She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate; otherwise I wouldn't have named her to the bench, which is -- or nominated her to the bench -- which is that she will not legislate from the bench, but strictly interpret the Constitution.
So our outreach program has been just to explain the facts to people. But, more importantly, Harriet is going to be able to explain the facts to the people when she testifies. And people are going to see why I named her -- nominated her to the bench, and she's going to make a great Supreme Court judge.
Prisoner Sues Over Revocation of Kosher Diet
Air Force Withdraws Code Permitting Limited Proselytizing By Chaplains
10 Commandment Cases Won't Go Away
Dworkin Gives Lecture on U.S. Religion and Politics
Cert. Denied In Claim of Wiccan To Deliver Opening Benediction
British Christians Still Fighting Religious Hatred Bill
In the House of Commons Wednesday, Prime Minister Tony Blair defended the proposed law. His remarks are reported by ePolitix.
Tuesday, October 11, 2005
Massachusetts House Supports "Under God" In Pledge
High School Coach Quits After Team Prayer Prohibited
Michigan Pondering 10 Commandments Display
Botswana Group Resists Measles Vaccination On Religious Grounds
The threatened resistance seems to have been carried out. On Monday, Daily News Online reported that since the start of the immunization campaign, which was launched by Botswana's Health Minister Sheila Tlou on October 3, a majority of Bazezuru were reluctant to take their children for immunization.