Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, December 13, 2007
Charter Proposal In Quebec Would Protect Women From Religious Discrimination
Wednesday, December 12, 2007
The Episcopal Church Incurs High Legal Costs As Members Break Away
Preliminary Injunction Sought By Catholic Group Against University of Wisconsin
Green Bay Wisconsin Committee Approves Nativity Scene
Plaintiff Can Proceed In Claim That Citations Were Aimed At Preventing His Religious Worship
Church Program Distributing Shoes In Schools Is Questioned
Lawsuit In Turkey Challenges Italian Team's Uniforms As Offensive To Muslims
6th Circuit Defines "Substantial Burden" Under RLUIPA
Judge Moore concurred in the judgment, but would have adopted a different definition of "substantial burden" under RLUIPA:Although RLUIPA assuredly protects religious institutions in their religious exercise, the statute’s language indicates that it is not intended to operate as "an outright exemption from land-use regulations." [citation omitted]....
We decline to set a bright line test by which to "measure" a substantial burden and, instead, look for a framework to apply to the facts before us. To that end, we find the following consideration helpful: though the government action may make religious exercise more expensive or difficult, does the government action place substantial pressure on a religious institution to violate its religious beliefs or effectively bar a religious institution from using its property in the exercise of its religion?...
While Living Water has outgrown its current facility, the record does not contain the kind of facts that would permit a finding that the building which the church can construct without an additional SUP would be so inadequate as to substantially burden Living Water’s religious exercise in the future.
I would adopt the substantial-burden standard established by the Seventh Circuit.... [It] held that "a land-use regulation that imposes a substantial burden on religious[Thanks to Brian D. Wassom for the lead.]
exercise is one that necessarily bears direct, primary, and fundamental responsibility for rendering religious exercise—including the use of real property for the purpose thereof within the regulated jurisdiction generally—effectively impracticable."
Tuesday, December 11, 2007
Utah District Considers Ecclesiastical Boundaries In Drawing School Lines
Quebec Commission Holding Hearings On Religious Accommodation
One witness on Monday was Claudette Carbonneau, president of the Confederation of National Trade Unions. According to Monday's National Post, she urged that the government of Quebec adopt a new "charter of secularism". Under it employers would not be required to accommodate requests by employees that they be segregated from members of the opposite sex. Students in public schools could not wear restrictive clothing that makes communication difficult. So burkas, niqabs and chadors could be banned in schools. Today's Montreal Gazette reports that leaders of other unions expressed similar views at the hearing. Lucie Grandmont, vice-president of Syndicat de la fonction publique du Québec, told the Commission that civil servants should not wear any religious symbols in order to preserve the secular character of the state.
White House Hosts Hanukkah Reception
UPDATE: Another photo shows First Lady Laura Bush with three rabbis during the koshering of the White House kitchen that took place before preparing food for the Hanukkah reception.
Under Maldives Proposed Constitution, Only Muslims Could Be Citizens
German Court Rejects Challenge To Ban on Civil Servants Wearing Religious Dress
Chile Fines Pharmacies For Refusing To Stock "Morning-After" Pill
Story Features Maryland City Councilman Who Is Pressing For Sectarian Prayer
A few months after Turner took office, the prayer rotation came to him for the first time.... He mentioned the looming war in Iraq and the "turbulent times," and asked for prayers for state, national and world leaders. "We realize that it is all in your care," Turner said before ending his prayer: "In Jesus's holy name. Amen."[Thanks to Blog from the Capital for the lead.]
Shortly after, a woman in Turner's district contacted him to say his explicit reference to Jesus Christ had offended her. He was shocked, having never been exposed to the viewpoint "that just mentioning the name of Jesus Christ would offend someone," he says, then stops and chuckles softly. "I'm just a country boy."
Monday, December 10, 2007
Suit Claims Housing Authority Responded Inadequately To Harassment of Muslim Family
Organization Pursuing "Mapping Shari'a" Project In U.S.
The Mapping Shari’a project ... is both a law enforcement tool and a policy initiative. The project’s objective is to identify all 2300 plus Islamic Centers in the U.S. and determine through first-hand field research which centers advocate strict adherence to Shari’a Law (laws based on the interpretations of Allah and no other) and which centers advocate violent Jihad and the destruction of the West. The data is then be analyzed and put into a matrix. The project is a rigorously objective empirical investigation to test the thesis: That the driving doctrinal force behind Jihad is Shari’a. Indeed, if the thesis is validated, we expect to see a rigid one-to-one correlation between Shari’a adherence and the promotion of Jihad.
... [W]e can report that after the first 100 mosques and day schools, the correlation between Shari’a adherence and the promotion of violence and Jihad against the West is exactly what one would expect.
Today Is Human Rights Day-- 59th Anniversary of UDHR [Corrected]
Ohio Governor Says Nativity Scenes At State Parks Will Stay
UPDATE: The AP reported on Dec. 14 that the Freedom from Religion Foundation has written Ohio's Inspector General protesting Gov. Strickland's action. The article also gives more background on the original decision to remove nativity scenes. Apparently a Shawnee State Lodge visitor requested that displays representing the Hindu and Zoroastrian religions also be put up. A Strickland spokesman said that the governor is limiting his order to items that are traditionally displayed for the December holidays, and that does not include Zoroastrian symbols.
New Scholarly Articles, Books and Movie
- Peter G. Danchin, Of Prophets and Proselytes: Freedom of Religion and the Conflict of Rights in International Law, (Harvard International Law Journal, Vol. 49, 2008).
- Peter G. Danchin, Suspect Symbols: Value Pluralism as a Theory of Religious Freedom in International Law, (Yale Journal of International Law, Vol. 33, 2008).
- Peter G. Danchin, The Emergence and Structure of Religious Freedom in International Law Reconsidered, (Journal of Law and Religion, Vol. 23, No. 1, pp. 101-180, 2007/2008).
- Michael J. Perry, Religion as a Basis of Lawmaking? Herein of the Nonestablishment of Religion, (Emory Public Law Research Paper No. 07-27, Dec. 4, 2007).
- Linda C. McClain, The Role of the Natural Family in Religious Opposition to Human Rights, (Boston Univ. School of Law Working Paper No. 07-31, 2007).
- Jonathan Zasloff, Left and Right in the Middle East: Notes on the Social Construction of Race, 47 Virginia Journal of International Law 201-258 (2006).
- Rabbi Yitzchok Alderstein, Lawyers, Faith, and Peacemaking: Jewish Perspectives on Peace, 7 Pepperdine Dispute Resolution Law Journal 177-187 (2007).
- Marci A. Hamilton, The Waterloo for the So-Called Church Autonomy Theory: Widespread Clergy Abuse and Institutional Cover-Up, 29 Cardozo Law Review 225-245 (2007).
- Heena Musabji & Christina Abraham, The Threat to Civil Liberties and Its Effect on Muslims in America, 1 DePaul Journal for Social Justice 83-112 (2007).
- Aalok Sikand, ADR Dharma: Seeking a Hindu Perspective on Dispute Resolution from the Holy Scriptures of the Mahabharata and the Bhagavad Gita, 7 Pepperdine Dispute Resolution Law Journal 323-372 (2007).
New Books:
- Sultan Ghalib al-Qu’aiti, The Holy Cities, The Pilgrimage and The World of Islam-- A History From the Earliest Traditions Till 1925 (1344H), (Fons Vitae, 2007), reviewed in The American Muslim.
- Robert F. Cochran, Jr. (ed.), Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, (NYU Press, Dec. 1, 2007), noted at Mirror of Justice.
New Documentary Movie:
- Article VI-- Faith, Politics, America (Living Biography Media, Jan. 15, 2008), reviewed in Human Events.
Sunday, December 09, 2007
Some Evangelical Christians Oppose Romney Over Religious Beliefs
If it were almost any other church, a missionary past would most likely be an asset for a presidential candidate.... But to many American Christians, those friendly Mormon missionaries embody exactly what they fear and resent about Mormonism....
"His candidacy alone has been a long infomercial for the Mormon cult," said Bill Keller, an evangelist in Florida who runs an Internet prayer network. "As president he’s going to carry the influence of that office, not just here but worldwide, and there’s no denying it’s going to lead people to check out that religion, which according to biblical Christianity, will lead them ultimately to hell."...
Many voters trying to choose between Mr. Romney and Mike Huckabee may not perceive the contest as governor versus governor. They will see it as grown-up Mormon missionary versus Southern Baptist preacher, and they will not vote for what scares them.
Congressional Human Rights Caucus Holds Hearings On Vietnam
San Joaquin Diocese Completes Formal Split From Episcopal Church
USCIRF Protests Malaysian Action Against Hinuds
Florida Becomes Latest Venue For Debate On Teaching Evolution
Indian Panel Complicates Award of Benefits To Dalit Converts
Mormon Student's Suit Against West Virginia Scholarship Board Settled
Saturday, December 08, 2007
Naturalization Oath Modified To Accommodaate Raelian
UPDATE: 8 CFR Sec. 337.1(b) specifically permits deletion of "so help me God" from the oath for reasons of conscience. [Thanks to posted Comment from Scott M.]
Two Reports On Faith-Based Activities Released
The second report was The State of the Law 2007: Legal Developments Affecting Government Partnerships with Faith-Based Organizations , written by law professors Ira Lupu and Robert Tuttle. The report covers areas such as standing, legislative earmarks, child custody, various kinds of government grants to faith-based groups, government chaplains, prison activities, and discretionary exclusion of faith-based groups from government programs. [Thanks to Melissa Rogers for the lead.]
Recent Prisoner Free Exercise Cases
In Farnworth v. Craven, 2007 U.S. Dist. LEXIS 88223 (D ID, Nov. 30, 2007), an Idaho federal magistrate judge refused to permit a prisoner, now on parole, to pursue a damage claim against the executive director of the Idaho Commission of Pardons and Parole. Plaintiff complained that he was required to attend a substance abuse program containing a religious component in order to gain eligibility for parole. The court concluded that defendant had absolute immunity from damage claims stemming from this exercise of discretion in imposing parole conditions.
In Georges v. Ricci, 2007 U.S. Dist. LEXIS 89030 (D. NJ, Dec. 4, 2007), among numerous claims about his condition of confinement, plaintiff, without specifying his religious beliefs, alleged generally that he had been deprived of unspecified religious items and services. The court dismissed the claim, with leave to amend and refile it spelling out his claim more clearly.
In Kaufman v. Schneiter, 2007 U.S. Dist. LEXIS 88880 (WD WI, Nov. 27, 2007), a Wisconsin federal district court dismissed for lack of standing an atheist prisoner’s Free Exercise claim challenging the policy that prevented inmates in the high security “step program” from receiving religious or other publications. The court also rejected an Establishment clause claim that the prison maintained a stock of Christian reading materials, but not reading materials on atheism. The court found that the prison official named in these charges had not been shown to have been involved in decisions not to stock atheist literature.
In Campbell v. Schriro, 2007 U.S. Dist. LEXIS 89300 (D AZ, Nov. 21, 2007), and Arizona federal district court allowed a prisoner, a follower of the Avsarian religion, to proceed with a claim that a prison chaplain discriminated against him in not approving a vegetarian diet while approving such diets for Christian inmates who requested them. The court rejected plaintiff’s claims that the Arizona Department of Corrections negligently hired, supervised and trained its chaplains, and permitted Christian chaplains to assess the legitimacy of non-Christian religions. Plaintiff failed to allege facts supporting these claims.
In Roberson v. Woodford, 2007 U.S. Dist. LEXIS 89253 (NC CA, Nov. 15, 2007), a California federal district court permitted a prisoner to proceed with a claim that he should receive time credit restoration and damages because he was unconstitutionally disciplined for wearing a beard as required by his religion. He claimed that prison grooming standards violated his rights under the free exercise clause and RLUIPA.
Friday, December 07, 2007
New York Principal Demoted For Using School Funds For Santeria Ceremony
Florida High Court Refuses Review Of School Chaplain's Confidentiality Breach
Creationist Sues After Firing For Refusing To Work On Part of NIH Grant Project
New Institute Trains Christian Students To Engage Secular Society
8th Circuit Enjoins MO's Funeral Picketing Law; KS Law Argued in State Supreme Court
Phelps alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church's religious message: that God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not. Phelps believes funerals are the only place where her religious message can be delivered in a timely and relevant manner.In Phelps-Roper v. Nixon, (8th Cir., Dec. 6, 2007), the court held that plaintiff had demonstrated a fair chance of prevailing on the merits of her claim, and so was entitled to a preliminary injunction while the constitutionality of the statute is being thoroughly reviewed. Treating the statute as content-neutral and thus subject to intermediate scrutiny, the court questioned how important an interest the state has in protecting individuals from unwanted speech directed at them outside of their home. It said that plaintiff has a fair chance of proving that the Missouri statute is not narrowly tailored or is facially overbroad, and that it does not leave open ample alternative channels of communication. The court relied particularly on its 1999 decision in Olmer v. Lincoln enjoining enforcement of a law banning picketing of churches immediately before, during and after a scheduled religious activity. The AP yesterday reported on the decision. [Thanks to How Appealing for the lead.]
Meanwhile, AP reports that yesterday morning the Kansas Supreme Court heard arguments in another funeral-picketing-law case. Kansas placed a provision in its anti-funeral picketing statute, preventing it from going into effect until it was declared constitutional by the state Supreme Court or a federal court. The provision was included in order to prevent Westboro Baptist Church from becoming a plaintiff in a case challenging the law, and potentially collecting attorneys' fees if successful. (AP) However now the Kansas Supreme court is questioning whether the judicial trigger is constitutional. The Kansas attorney general's office is arguing that the judicial trigger provision can be struck down and the remainder of the law enforced. (See prior related posting.)
Hate Crimes Provisions Stripped From Defense Bill, Dooming Passage This Year
President Speaks At National Christmas Tree Lighting
Each year at this time, we rejoice in the proclamation of good news, that in Bethlehem of Judea, a Savior was born. And we rejoice in the Christmas promise of peace to men of goodwill. We also reflect on the mystery of Christmas: the story of the Almighty, who entered history in the most vulnerable form possible -- hidden in the weakness of a newborn child. And we reflect on the call of our Creator -- who by taking this form, reminds us of our duty to protect and care for the weak and the vulnerable among us.
During this Christmas season, millions of Americans will answer this call by reaching out a compassionate hand to help brothers and sisters in need. We are thankful for these good souls who show the good heart of our nation. We're also thankful for the thousands of Americans who answer the call by serving our nation in uniform....
DC Church Unwillingly Gets Historical Status
UPDATE: The full text of the Becket Fund's letter, which focuses on the Religious Land Use and Institutionalized Persons Act as well as RFRA, is now available online.
Florida Paper Criticizes Inspection Exemptions For Faith-Based Day Cares
Thursday, December 06, 2007
Romney Delivers Major Speech On Role Of His Faith In Any Future Presidency
Here is a video of Romney's full speech. [Thanks to Melissa Rogers for finding this link.] Meanwhile this morning's New York Times ran a front page article on one of Romney's challengers, Mike Huckabee, focusing in large part on Huckabee's experience as an evangelical pastor.There are some who may feel that religion is not a matter to be seriously considered in the context of the weighty threats that face us. If so, they are at odds with the nation's founders.... Freedom requires religion just as religion requires freedom....
Let me assure you that no authorities of my church, or of any other church for that matter, will ever exert influence on presidential decisions. Their authority is theirs, within the province of church affairs, and it ends where the affairs of the nation begin....
There are some for whom these commitments are not enough. They would prefer it if I would simply distance myself from my religion, say that it is more a tradition than my personal conviction, or disavow one or another of its precepts. That I will not do. I believe in my Mormon faith and I endeavor to live by it. My faith is the faith of my fathers – I will be true to them and to my beliefs....
There is one fundamental question about which I often am asked. What do I believe about Jesus Christ? I believe that Jesus Christ is the Son of God and the Savior of mankind. My church's beliefs about Christ may not all be the same as those of other faiths. Each religion has its own unique doctrines and history. These are not bases for criticism but rather a test of our tolerance....
There are some who would have a presidential candidate describe and explain his church's distinctive doctrines. To do so would enable the very religious test the founders prohibited in the Constitution. No candidate should become the spokesman for his faith. For if he becomes President he will need the prayers of the people of all faiths.
I believe that every faith I have encountered draws its adherents closer to God. And in every faith I have come to know, there are features I wish were in my own: I love the profound ceremony of the Catholic Mass, the approachability of God in the prayers of the Evangelicals, the tenderness of spirit among the Pentecostals, the confident independence of the Lutherans, the ancient traditions of the Jews, unchanged through the ages, and the commitment to frequent prayer of the Muslims....
It is important to recognize that while differences in theology exist between the churches in America, we share a common creed of moral convictions. And where the affairs of our nation are concerned, it's usually a sound rule to focus on the latter – on the great moral principles that urge us all on a common course....
We separate church and state affairs in this country, and for good reason. No religion should dictate to the state nor should the state interfere with the free practice of religion. But in recent years, the notion of the separation of church and state has been taken by some well beyond its original meaning. They seek to remove from the public domain any acknowledgment of God. Religion is seen as merely a private affair with no place in public life. It is as if they are intent on establishing a new religion in America – the religion of secularism. They are wrong.
The founders proscribed the establishment of a state religion, but they did not countenance the elimination of religion from the public square. We are a nation "Under God" and in God, we do indeed trust....
Perhaps the most important question to ask a person of faith who seeks a political office, is this: does he share these American values: the equality of human kind, the obligation to serve one another, and a steadfast commitment to liberty?...
I'm not sure that we fully appreciate the profound implications of our tradition of religious liberty.... The establishment of state religions in Europe did no favor to Europe's churches. And though you will find many people of strong faith there, the churches themselves seem to be withering away.
Infinitely worse is the other extreme, the creed of conversion by conquest: violent Jihad, murder as martyrdom... killing Christians, Jews, and Muslims with equal indifference. These radical Islamists do their preaching not by reason or example, but in the coercion of minds and the shedding of blood. We face no greater danger today than theocratic tyranny, and the boundless suffering these states and groups could inflict if given the chance.
New Mexico Town's School Board Rescinds Science Policy; Evolution Proponents Win
Muslim Student Sues Over Forced Removal of Headscarf At Jail Booking
Maryland Court Rejects Zoning Objections To Retreat Center for Jesuit College
Secular Group Puts Its Own Display In Wisconsin Capitol
Branson, MO Council Resolution Would Support "Ozark Mountain Christmas"
UPDATE: On Monday, Branson's Board of Aldermen unanimously approved an amended version of the resolution. The Springfield (MO) News-Leader reports that, as passed, the resolution expresses the board's "support of the celebration of Ozark Mountain Christmas," but omits sections that urged local businesses and residents to display Christmas decorations and "keep the word and spirit of 'Christmas' in Christmas."
1st Circuit Hears Arguments In Challenge To Gay-Friendly Storybook In School
Minister Resists Sen. Grassley's Call For Information
Wednesday, December 05, 2007
Georgia City Hall Becomes Site for Competing Religious Events
German Official Seeks Ban On Scientology
UPDATE: According to BBC News on Saturday, federal and state interior ministers have asked Germany's domestic intelligence agency to determine whether the Church of Scientology's legal status as an association can be challenged.
UPDATE: Der Spiegel reported on Monday that German intelligence agencies say there is not sufficient evidence to ban the Church of Scientology, finding that while the organization operates in ways that are hostile to the Germany's constitution, Scientology has not successfully infiltrated a broader population.
Church Sues New York Under RLUIPA After City Nixes Catering Lease
President Issues Hanukkah Message
AU Asks IRS To Investigate Endorsement of Huckabee By Falwell
British Court Finds Opera Was Not Blasphemous
Preliminary Injunction Permits Menorah Lighting To Proceed
9th Circuit Hears Arguments In Pledge and Motto Cases
Tuesday, December 04, 2007
8th Circuit Finds State Funding of Faith-Based Prison Program Unconstitutional
Even though inmate entry into the InnerChange program was voluntary and state funds were used only to pay for non-religious aspects of the program, the court held that direct payments to InnerChange for the years 2002-04 funded religious indoctrination in violation of the Establishment Clause of the U.S. and Iowa constitutions. It also found an Establishment Clause problem because participation in InnerChange was available only to inmates professing Christian beliefs. In 2005-07, funding changed from cost reimbursement to a per diem payment. The court held that this did not convert the program into one of permissible indirect aid. The court also rejected defendant's reliance on Turner v. Safley, a Supreme Court case which in the court's view applies to free exercise, but not to establishment clause, challenges in prison settings.
The court however reversed the district court's order that InnerChange repay funds it received from the state for periods before the trial court found the program unconstitutional. The court also emphasized that the district court injunction it was affirming applied to InnerChange only so long as it received government funding for operating the Iowa program.
Both sides have claimed victory in the Court of Appeals. Americans United issued a release praising the ruling, saying it is a major setback for the White House's faith-based initiative. Meanwhile, InnerChange issued its own release, saying that since InnerChange now operates in Iowa without state funding, the 8th Circuit's ruling effectively permits it to continue and reverses the trial court's order for it to repay $1.5 million it previously received in state funds.Yesterday's Des Moines Register covers the decision. (See prior related postings.)
Talk Show Host Sues Muslim Group For Copyright Infringement
Cert. Denied In Removal of Cross From LA County Seal
Israeli Rabbinic Court Decision Increases Tension Over Civil-Religious Jurisdiction
Preliminary Injunction Protects Preacher From Disturbing-the-Peace Arrests
Judge Asks For Briefs On Use of Religion In Picking Jurors
Monday, December 03, 2007
Heated Controversy Over Portrait of Militant Sikh Leader Erupts In India
Church Property Disputes Looming In Pennsylvania
Holiday Display Disputes Appear Muted This Year
Meanwhile in Cranston, Rhode Island, backing away from past high profile controversies over religious symbols, new mayor Michael T. Napolitano has opted to merely put up 50,000 white lights and a Christmas tree in the foyer of City Hall. In past years, the City Hall display-- which led to litigation-- included a life-sized nativity scene, a menorah, an inflatable snowman, and 15 flamingos in Santa Claus hats representing the "Church of the Flamingos". (ACLU Release, 2003). (See prior related posting.) Local ACLU director, Steven Brown, said that Napolitano "is doing more to respect religion than the politicians who try to turn Christmas into a political issue."
Sudan's President Pardons British Teacher Convicted of Insulting Islam
Romney To Deliver Speech On His Religious Beliefs and the Presidency
Op-Ed Explores School Board's Rule On Sacred Music In Choir Concerts
Is it the number of songs, sacred versus secular? Or time — would one six-minute secular song be worth two three-minute sacred songs? Or, since the musical notes themselves are neither sacred nor secular, is it just the lyrics? Do we have to count lines within each song?
Equally unclear is exactly to whom the policy would apply. School board members seem to think the policy would not apply to outside groups that rent a room in a Howell school building for an event. Administrators seem to think it would....[The Constitution] says public schools can't promote one religion over another.... [W]hy can't the Howell school board come up with a policy that says that, and goes no further so that it avoids creating needless controversies where there really is no controversy?
Private Enforcers of Islamic Law Appear In Cairo
Recent Publications on Law, Religion and Society
From SSRN:
- Shraddha Veeranna Chigateri, Glory to the Cow: Cultural Difference and Social Justice in the Food Hierarchy in India, (South Asia, Vol. 31, No. 1, April 2008).
From SmartCILP and elsewhere:
- Alex Geisinger & Ivan E. Bodensteiner, An Expressive Jurisprudence of the Establishment Clause, 112 Penn State Law Review 77-136 (2007).
- Antony Barone Kolenc, "Mr. Scalia's Neighborhood": A Home for Minority Religions?, 81 St. John's Law Review 819-880 (2007).
- Douglas G. Smith, "Equal Access"?: Faith Center Church Evangelistic Ministries v. Glover and the Use of Public Facilities for Religious Worship, 8 Engage 142-144 (Oct. 2007).
- Robin Judd, Contested Rituals: Circumcision, Kosher Butchering and Jewish Political Life in Germany, 1843-1933, (Cornell University Press, August 2007), reviewed in The Forward.
Sunday, December 02, 2007
NJ Mosque Developers Lose Attempt To Add Count To Complaint
Texas Schools Science Director Fired Over Apparent Opposition To Intelligent Design
British Accounting Body Will Offer Certificate In Islamic Finance
Alberta Panel Finds Anti-Gay Letter Violated Human Rights Law
The complaint, filed by a Red Deer high school teacher, alleged that the letter crossed the line of free speech and incited hatred against homosexuals in violation of Sec. 3 of the HRCMA. In an 80-page decision, the Panel held it had jurisdiction over the case because of the relationship of the letter to the province's educational system and its circumstantial connection to the beating of a gay teenager in Red Deer less than two weeks following its publication. The panel concluded that Boissoin's letter expressed hatred or contempt for a group of persons on the basis of their sexual preference, and made it more acceptable to others to manifest hatred against homosexuals. The panel rejected the argument that Boissoin's freedom of religion and expression are defenses to the discrimination charge. Friday's Canadian Press reported on the decision.
Meanwhile, according to the Canadian Press, on Saturday the Executive Committee of the Conservative Party of Alberta refused to endorse the nomination of Concerned Christian Coalition leader Craig Chandler for election to the province's legislative assembly from Calgary-Egmont. Apparently the refusal was related to the Boissoin letter.