Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, September 17, 2007
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.)
State Department's 2007 Report On International Religious Freedom Released
In answer to a question about religious freedom in Iraq, Hanford said:
what we're dealing with in Iraq is really a security situation that makes it difficult for religious practice to occur in a normal way. The constitution of the new Iraqi Government actually provides rather robust guarantees, and this is something we're very pleased to see because it's a very good constitution for that region of the world. But religious minorities are vulnerable, sometimes due to their small numbers and lack of organization. For the most part, people are getting caught in the crossfire. In the case of these minorities, though, there have been cases where it's clear that certain groups have been targeted.
The real problem that we're dealing with is that with the sectarian violence, not necessarily focused upon religious practice, that at the same time religious practice winds up being affected.
Ohio Supreme Court Asked To Rule On Religious Evidence In Support Proceeding
Cert. Filed In Faith-Based "Teen Ranch" Case
Hebrew Curriculum Finally OK'd For Florida Charter School
Presidential Greetings On Beginning of Ramadan
Ohio Inspector General Reports On Governor's Faith-Based Office
India's Archeological Agency Creates Religious Stir In Supreme Court Affidavit
Defending the project in the court challenge against it, ASI’s affidavit said that the shoals were the result of "several millennia of wave action and sedimentation" and "the issue cannot be viewed solely relying on the contents of mythological text." It added that there is no historical evidence to prove the "existence of the characters or occurrence of events" in Ramayana (the epic tale of Rama). Quickly, a leader of the Hindu BJP party charged that the language in the affidavit was "an insult to millions of Hindus all over the world."
By Saturday the government had agreed to withdraw the controversial parts of the ASI affidavit. Culture Minister Ambika Soni suspended two officials over the matter and offered her own resignation. Meanwhile BJP leader L.K. Advani said the affidavit amounts to blasphemy that is punishable under Sec. 295 of the Indian Penal Code as a defilement that insults the Hindu religion.
"Equal Access" For High School Groups Under Federal Law Interpreted
Wednesday, September 12, 2007
Survey Shows Some Surprising Views on Religion and the Constitution
Presidential Greetings On Rosh Hashanah That Begins Tonight
6th Circuit Rejects Challenge To Admission Of Religious Journal Entries Into Evidence
The court rejected Varner's argument that Michigan's clergy-penitent privilege law "improperly favors religions that encourage their members to seek guidance through intermediaries, such as a pastor or priest, over faiths that have no such tradition." It also held that the limitation of the privilege to communications addressed to a spiritual counselor did not restrict Varner's ability to practice her religion. The court held that "Michigan's privilege rules do not discriminate between denominations but distinguish between the methods of communication that the individual--any individual of any faith or no faith--chooses to pursue."
Belfast High Court Upholds Equality Law, But Not Harassment Provisions
Indian Judge Issues Opinion Questioning Country's Secular Principles
Canadian Court Delays Deportation So Man Can Complete Conversion
Chechen Leader Requires Women Civil Servants To Wear Islamic Headscarf
Settlement Reached By Episcopal Diocese and Syracuse Breakaway Congregation
The diocese will lease the building to the breakaway members at no charge for six months. The lease can be extended at their request on a month-to-month basis, for a maximum of six months if the court finds that the members have complied with all terms and conditions of the settlement, including making good-faith efforts to relocate. The breakaway members have to maintain the property and insure it, and they cannot remove any Episcopal symbols or signs.During the time that the building is being used by the members that changed their affiliation from ECUSA to the more conservative Anglican Mission in America, no Anglican bishop can visit or officiate there.
At the end of the lease, the breakaway congregation will vacate the building and the former rector, Robert Hackendorf, will leave the rectory.
The members were also ordered to account for the parish's financial assets, which can later be transferred to any new church formed after the dissolution of St. Andrew's. The settlement says those assets amount to less than $50,000.
Tuesday, September 11, 2007
Intelligent Design Activist Loses California Challenge
Bar Exam Taker Wants His Free Exercise Suit Dismissed
Defendants wish to make clear that they have not agreed to limit the content of any future examination questions.… That Defendants elected not to ask the same questions ... merely reflects their standard practice of not repeating questions on successive bar examinations. Defendants maintain that the question to which Plaintiff objects was a legitimate question regarding the current state of law in the Commonwealth. The Board of Bar Examiners maintains its right to test bar applicants on that same subject matter in future examinations.
En Banc 9th Circuit Finds Juror's Bible Notes Did Not Impact Death Penalty Decision
inform the moral judgment that capital-case jurors are called upon to make." The 99 pages of opinions involve other challenges to Fields sentence as well-- all of which were rejected. Today's Los Angeles Times reports on the decision.
American Legion Blasts 9th Circuit's Mojave Cross Decision
This is one more prime example of wrong-headed political correctness and one more critical reason why the current Congress must pass the Public Expression of Religion Act.... Today it’s a memorial. Tomorrow, these same judges can order the removal of crosses on veterans gravestones, the dismissal of military chaplains and the closure of base chapels.
Roman Catholic Foundation Files New Suit Against Univeristy of Wisconsin
refused to fund any religious expression of RCF because Defendants believed that doing so gave state funds to "the Church." ... Defendant ... told RCF that the [settlement] Agreement was inapplicable.... UW-Madison officials ... stated that they will not fund any of RCF’s religious expression that involves "worship," "prayer," and/or "proselytizing...." Essentially, Defendants assumed a line-item veto power—in direct contradiction of the Agreement—over RCF’s previously approved budgets. Defendants have not applied this same level of scrutiny to other student organizations at UW-Madison.Yesterday's Rhinelander Daily News reports additional details of the lawsuit.
By treating RCF differently than other similarly situated student organizations, and announcing that RCF cannot receive segregated fee funding for religiously expressive activities, Defendants have repudiated the Agreement, [and] violated RCF’s constitutional rights for a second time in a year....
Focus on Family Cleared By IRS of Political Endorsement Charges
China Appoints Bishop Supported By Vatcan
Canadian Politicians Criticize Deference To Muslim Women In Vote ID Rules
Monday, September 10, 2007
More On Prison Chapel Library Book Limitations
Indian Governor Vetoes Anti-Conversion Bill
San Diego Diocese Reaches Settlement With Abuse Victims
Court Modifies Judgment Against Postal Service Prohibiting Proselytizing
Recent Articles Of Interest
- Bernadette A. Meyler, The Limits of Group Rights: Religious Institutions and Religious Minorities in International Law, (Sept. 2007).
From Bepress:
- Asher Maoz, Religiously Oriented Universities in Israel, (Sept. 2007).
- Asher Maoz, Religious Freedom As A Basic Human Right – The Jewish Perspective, (Sept. 2007).
- Eduardo M. Peñalver, Is Public Reason Counterproductive?, (April 2007).
From SmartCILP:
- Haider Ala Hamoudi, Muhammad's Social Justice or Muslim Cant?: Langdellianism and the Failures of Islamic Finance, 40 Cornell International Law Journal 89-133 (2007).
- Paul J. Heald, Meeting of the Minds, part II: A Dark and Angry God Arises, 41 Georgia Law Review 849-865 (2007).
Maryland Town May Enact New Zoning Law In Response To Ahmadi Group
Church of England Raises Objections to Proposed Equality Bill
Sunday, September 09, 2007
Another Study Ordered On Prosecution of FLDS In Canada
2nd Religious Freedom Moot Court Competition Announced
Saturday, September 08, 2007
Federal Court Approves Jesus Portrait In Larger Display In Slidell Courthouse
Town Passes Permit Law In Reaction To Street Preachers
No Immunity For Parole Officer Sending Offender To Religious 12-Step Program
Catholic Retirement Community Entitled To Colorado Tax Exemption
Interim Rulings In Russian Orthodox Church Dispute In New Jersey
Alaska Supreme Court Allows Churches To Intervene In Tax Challenge
Quebec Will Not Require Muslim Women Voters To Uncover Their Face
Friday, September 07, 2007
9th Circuit: Transfer of Cross To VFW Did Not Cure Establishment Clause Violation
Huckabee Explains Views On Church-State Issues
The paper also questioned Huckabee on a prior statement he made calling for taking the nation back for Christ. Responding to concerns Jews might have with the concept, Huckabee explained: "If you understand what that means, it means that if that were to happen, this is the Jesus who said 'love your neighbor as you love yourself.' What it means is that you wouldn't have children going hungry at night; you wouldn't have women having the daylights beat out of them by abusive, alcoholic husbands..... It doesn't mean everybody would go to the same church as I do and pay their tithe; it does mean there would be a civility, a stand against corruption."
Conservative Catholic Order Sues Website Over Posted Documents
The court has ordered Lennon-- a former member of the Legion-- to return to the Legion any of its documents, computer disks and CDs. Lennon says he is exposing the dangerous and secretive group that is built around the "charism" of 87-year old Rev. Marcial Maciel Degollado who has been disciplined by the Vatican after its long investigation into charges against him of sexual abuse. The lawsuit is also seeking to discover the names of the individuals who write for ReGain and on a related discussion board. The corporation that owns Regain is also named as a defendant.
Obama Appearance Before UCC Generates IRS Complaint
Europe Expresses Concern About Islamization
Meanwhile, the McClatchy Newspapers report that Germany is considering a proposal to permit online surveillance on all German converts to Islam in the wake of recent arrests of individuals who were said to be planning a "massive" attack on American installations. Guenther Beckstein, the interior minister in the German state of Bavaria who has proposed the new law, says: "Germans converting to Islam should be watched because they tend to show particular fanaticism in order to prove worthy of their new religion."
Finally, in the Dutch Parliament, the Party for Freedom (PVV) submitted a no-confidence motion against Minister of Housing, Living and Integration Ella Vogelaar who welcomes the growth of Islamic culture in the Netherlands. Expatica reports that none of the major political parties supported the motion. The liberal VVD Party however has called for the closing of radical mosques and the eventual ban on imams trained outside of Europe.
9th Circuit OK's Death Penalty Despite Navajo Religious Opposition To It
Law, Religion & Ethics Center Renamed For Donor
Thursday, September 06, 2007
President Proclaims Sept. 7-9 As National Days of Prayer and Remembrance
Groups Ask FBI To Investigate Official's Appearance in Christian Fundraising Video
Christian Right Leader Rev. D. James Kennedy Dies
Nepal Airlines Uses Goat Sacrifices After Plane Has Mechanical Problems
Rastafarian's Marijuana Suit dismissed On Jurisdictional Grounds
Israel Proposes New Rules On Citizenship For Recent Converts From Abroad
California Church Denied Preliminary Injunction In RLUIPA Case
Canada Not Amending Terrorism Law That Poses Religious Freedom Issues
Wednesday, September 05, 2007
Slidell Tries To Turn Jesus Portrait Into Historical Display
Fallout Continues From Swedish Paper's Muhammad Drawing
Meanwhile the youth branch of the Islamic Felicity Party staged a demonstration in front of the Swedish embassy in Ankara, the chairman of the Organization of Islamic Conference criticized the paper, and the Muslim Council of Sweden, filed a lawsuit against the newspaper and artist Lars Vilks who drew the illustration. (Today's Zaman).
Nerikes Allehanda plans to run an Arabic translation of an editorial it has already published defending its position on free speech grounds. (Crosswalk).
Muslim Woman Sues California Jail Officials Over Hijab Removal
Churches Continue To Clash With Communities Over Construction
Meanwhile in Topeka, Kansas, environmentalists continue to oppose the construction of a parking lot by Grace Episcopal Cathedral, after the church cut down large trees to make way for the project. Today's Topeka Capital-Journal reports that parking lot opponents say that the entire church site is listed on the Register of Kansas Historic Places and that historic preservation requirements apply to vegetation on the land as well as buildings. Friends of Bethany Place filed suit, but most of the trees were cut down before the court issued a temporary restraining order. The church says that the preservationist group lacks standing, and that the church's free exercise rights entitle it to use its property to fulfill its Christian mission.
Hindu Group In UK Says Church Ban On Yoga Classes Violates Equality Law
Article Profiles ACLJ and Its Leader, Jay Sekulow
Tuesday, September 04, 2007
Islamic Society's Annual Convention Included Government Agencies
Sarkozy Wants French Schools To Teach About World's Religions
Belgian Prosecutor Wants To Indict Scientology On Fraud Charges
UPDATE: In response to a question, a U.S. State Department spokesman said on Tuesday: "If Belgian authorities have evidence that individuals violated Belgian law, they should take appropriate legal steps, consistent with Belgium's international obligations to protect freedom of thought, conscience, and religion. We would, however, oppose any effort to stigmatize an entire group based solely upon religious beliefs...."
Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine
Recent Prisoner Free Exercise Cases
In Saif'ullah v. Padaoan, 2007 U.S. Dist. LEXIS 62673 (ED CA, Aug. 24, 2007), a California federal Magistrate Judge recommended that plaintiff be permitted to move ahead with his claim that his free exercise rights were violated when rules regarding inmate work schedules were enforced to prevent plaintiff from attending Muslim religious services. However, the Magistrate Judge recommended summary judgment be granted for plaintiffs on claims regarding refusal to permit prayers in the day room prior to 5:30 a.m., and on disagreements regarding interpretation of Islamic religious doctrine.
In Bess v. Alameida, 2007 U.S. Dist. LEXIS 63871 (ED CA, Aug. 29, 2007), a prisoner challenged prison rules restricting the amount of religious material that inmates of a California state prison could receive by mail. A California federal Magistrate Judge recommended that the claim for an injunction be dismissed because changes in regulations made the complaint moot, but that other free exercise, RLUIPA and equal protection claims be permitted to move ahead. The Magistrate Judge held that since the prison's policy applied only to religious publications, it was an impermissible content-based regulation.
In Auleta v. Goord, 2007 U.S. Dist. LEXIS 63549 (ND NY, Aug. 28, 2007), a New York federal district judge found that a Wiccan prisoner failed to demonstrate that the exercise of his religion was substantially burdened by the denial of the tarot cards, a prohibition on in-cell burning, or alleged deficiencies in the holy day calendar.
Monday, September 03, 2007
Recent Articles Of Interest
From SSRN:
- Nelson Tebbe, Excluding Religion, (University of Pennsylvania Law Review, Forthcoming).
- Michael J. Perry, Morality and Normativity , (Legal Theory, Forthcoming).
- Nelson Tebbe, Witchcraft and Statecraft: Liberal Democracy in Africa, (Georgetown Law Journal, Forthcoming).
- Katayoun Alidadi, The Western Judicial Answer to Islamic Talaq: Peeking Through the Gate of Conflict of Laws, 5 UCLA Journal of Islamic & Near Eastern Law 1-80 (2005-2006).
- Mousa Abou Ramadan, The Shari'a in Israel: Islamization, Israelization and the Invented Islamic Law, 5 UCLA Journal of Islamic & Near Eastern Law 81-129 (2005-2006).
- Col. (Ret.) Richard D. Rosen, Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State, 38 University of Toledo Law Review 1137-1178 (2007).
- Rabbi Alan Mayor Sokobin, Rabbinic Confidentiality: American Law and Jewish Law, 38 University of Toledo Law Review 1179-1197 (2007).
- Aaron Tyler, Administering a Sacred Trust: The Place of Religious Tolerance in the State of Pakistan, 5 UCLA Journal of Islamic & Near Eastern Law 131-152 (2005-2006).
- Symposium: Islam and International Law. Articles by Mohammad H. Fadel, Sadiq Reza, Khaled Abou El Fadl, Amira El-Azhary Sonbol, Clark B. Lombardi and M. Cherif Bassiouni. 8 Chicago Journal of International Law 1-146 (2007).
Louisiana School Board Prayer Suit Finally Dismissed
Conference Urges Malaysia To Appoint Women To Syariah Court
Athieist Leader Profiled
Local Indian Council Enforces Hindu Marriage Ban
Ontario Party Calls For Public Funding of Religious Schools
Fiji Will Not Impose Sunday Closing Laws
Sunday, September 02, 2007
Canadian Court Permits Suit Against Jehovah's Witnesses To Proceed
Whether religious views provide a defence to or justification for misrepresentations that cause bodily harm or death should only be decided on a full factual record. It is not "plain and obvious" that a sincerely held religious belief would be an answer to a claim where application of the religious doctrine is said to have caused a death. In any event, the pleadings will not require any examination of the "truth" of the respondents’ beliefs about blood transfusions.... The record indicates that the respondents are opposed to transfusions as a matter of faith, not because they are experimental or ineffective.... [O]bjective validity of the belief of the respondents that blood transfusions are prohibited by scripture is not an issue in this litigation ... even though the respondents may raise their sincerely held religious beliefs as a defence or justification.Yesterday's Calgary Sun in additional background on the case says that the trial court last year had held that the allegations were merely an attack on Jehovah's Witness beliefs.
Sikh Charges Discrimination After JP Forces Him To Remove Turban In Court
Tibet Criticizes China's New Order On Buddhist Reincarnates
Salt Lake City's New Mayor Will Need To Deal Wtih "Religious Divide"
Virginia City Gives Temporary Permit To Buddhist Monks
USCIRF Chairman Says He Found Some Hopeful Signals In Turkmenistan
Texas Seminary Wins Challenge To State Education Rules In State Supreme Court
The 8 justices hearing the case produced 3 separate and lengthy opinions—concurring and dissenting in different portions of the major opinion written by Justice Hecht. This created shifting pluralities and majorities for different portions of the primary opinion. Justices variously discussed establishment clause and free speech challenges, as well as free exercise issues.
Six of the 8 justices who heard the case held, in an opinion by Justice Hecht, that the state is incapable of determining what is "genuine" religious study and what is not, so that the statutory restriction on the use of the name "seminary" by schools offering only religious studies violates state and federal free exercise guaranties. Justice Wainwright joined by Justice Johnson would have gone further and struck down the restriction without regard to whether the curriculum of the religious institution was primarily religious.
Three justices joined with Justice Hecht in holding that restrictions on the words that a religious institution may use to refer to completion of religious programs of study is so broad that it violates state and federal Free Exercise guarantees. Justices Wainwright and Johnson held that these restrictions do not violate Free Exercise provisions, but do violate First Amendment protection of commercial speech.
Justices Jefferson and Green in their separate opinion took the position that regulating the titles used to recognize graduates is a legitimate attempt to prevent a seminary from issuing a degree that misrepresents the nature of the education provided. The Dallas News reported today on the case.