Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, July 24, 2007
India's Supreme Court Says Marriage Registration Applies To All Religions
British Appellate Court Upholds Order To Slaughter Sacred Bull
Monday, July 23, 2007
Two Reappointed to US Commission on International Religious Freedom
Hamas Sets Up New Court System In Gaza
Arab News meanwhile has a slightly different version of developments. It says that the three-person panel is being set up on a temporary basis until courts start functioning again. It will hear the hundreds of criminal complaints that would have gone to existing courts, according to Islam Shahwan, spokesman of Hamas’ Executive Force. Another Hamas spokesman, Sami Abu Zuhri, said the new legal panel would not impose Sharia law, but would apply it with the consent of both parties, particularly in dealing with inheritance, marriage and divorce.
Recent Prisoner Free Exercise Cases
In Quillar v. California Department of Corrections, 2007 U.S. Dist. LEXIS 50894 (ED CA, July 13, 2007), a California federal Magistrate Judge recommended dismissal of Free Exercise and RLUIPA claims by an inmate who was disciplined for wearing a beard for religious reasons, in violation of the prison's grooming regulations. While the allegations were found sufficient to state a claim, the magistrate found that defendants enjoyed qualified immunity from plaintiff's damage claims and that plaintiff's claim for an injunction is moot due to his transfer to a different facility. The magistrate also recommended rejection of plaintiff's Eighth Amendment claim.
In Ghashryah v. Frank, 2007 U.S. Dist. LEXIS 51104 (WD WI), a Wisconsin federal district court permitted an inmate to move forward with his claim that his rights under the First Amendment and RLUIPA were violated when prison officials prohibited him from using his religious name in filing grievances.
In DeRosa v. Jones, 2007 U.S. Dist. LEXIS 51561 (ED OK, July 16, 2007), an Oklahoma federal district court upheld the denial of a kosher diet to a prisoner who was a member of a Messianic Jewish group, finding that the prison's vegetarian diet, as well as non-pork meals, are available to him.
In Johnson v. Smith, 2007 U.S. Dist. LEXIS 52186 (MD PA, July 19, 2007), a Pennsylvania federal district court rejected a prisoner's claim that his placement in administrative custody was in retaliation for his exercise of his religious rights since plaintiff made no showing of a causal connection between the two. Authorities discovered that the prisoner had documents indicating an attempt to undercut the prison's contract Imam. He also had documents indicating he may be trying to poison someone by mixing antifreeze with their salad dressing.
In El-Tabech v. Clarke, 2007 U.S. Dist. LEXIS 52018 (D NE, July 17, 2007), a Nebraska federal district court upheld claims by a Muslim prisoner that he be given access to a kosher diet, and that the prayer schedule be posted so that guards are aware of it. The court rejected the inmate's claim that he be allowed to shower every day, instead of three days per week, while he is in administrative confinement.
New Book In Arabic On Religion and Freedom of Expression
Sunday, July 22, 2007
HLS Prof Examines How Religious Tradition Meshes With Modern World
UPDATE: On Monday, the blog Jewcy posted an interesting interview with Noah Feldman about his NYT article.
Receipt of Material From Religious Group Is No Excuse For Prisoner
Today's Turkish Election Tests Country's Secular Roots
CanWest News Service describes the underlying controversy in this way: "the most emotive issue by far is whether this country of 70 million, which forms a bridge between the Middle East and Europe, should remain secular and western-oriented, as it has been since Kemal Ataturk founded the republic on the ruins of the Ottoman Empire more than 80 years ago, or draw closer to its Islamist roots. And if Turkey decides to turn towards Islam, will the staunchly secular Turkish military launch another coup?"
UPDATE: Preliminary results available on Sunday night (US time) indicate that the Justice and Development Party (AKP), with some 47% of the popular vote, has won around 340 of the 550 seats in Turkey's Parliament. (Financial Times). The party denies that it poses any threat to secularism in the country.
MI Court Remands Property Dispute For Finding On Heirarchical Nature of Church
Saturday, July 21, 2007
Washington Court Upholds Injunction Against Church's "Tent City"
The court rejected the Church’s claim that its free exercise rights, as protected by the first Amendment and the Religious Land Use and Institutionalized Persons Act, had been violated. It held that strict scrutiny was not required for the First Amendment claim, and that, under RLUIPA, the city’s actions had not placed a "substantial burden" on the Church’s free exercise rights. The Church had alternative ways of ministering to the homeless, such as sheltering them inside existing Church buildings or finding other private land to host Tent City.
Suit Challenges Permit Provisions For Distributing Literature In Parks
Suits Between Factions In NJ Sikh Temple Settled
German Official Urges Teaching of Theological Issues In Science Classes
Friday, July 20, 2007
New Executive Order Bars Denigration of Religion In Interrogation of Terror Suspects
The Executive Order declares that new Congressional legislation permits the President to "interpret the meaning and application" of Common Article 3 of the Geneva Conventions. Sec. 6(a)(3) of the Military Commissions Act of 2006 gives the President this authority, along with the authority "to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions." In its press release on the signing, the White House said that "the President has insisted on clear legal standards so that CIA officers involved in this essential work are not placed in jeopardy for doing their job..."
Ohio's Faith-Based Initiative Budget For Biennium Released
Malaysia Censors Reporting On Debate Over Role of Islam In Country
Controversy In South Africa Over Proposed Anti-Witchcraft Bill
ACLU Sues WV Scholarship Board On Behalf of Mormon Student
California City's Insurers Settle RLUIPA Claim; Will Pay Church $1.2M
Controversial Civil Marriage Compromise Reached In Israel
Court Upholds School Board's Use of Eminent Domain To Take Church Land
In Bhutan, Some Monks Oppose Their Total Exclusion From Politics
Thursday, July 19, 2007
Scalia Will Have Orthodox Jewish Law Clerk In 2008
Palo Alto Eruv Proposal Again Generates Controversy
In 2000, eruv proponents lost their attempt to obtain a land use permit, after negative reaction at public hearings held by city council. This time around, the proponents' plan avoided using any utility poles. Instead they obtained easements from Stanford University, the California Department of Transportation and the Santa Clara Valley Water District. That route allowed proponents to merely apply for an encroachment permit in a process that does not require a public hearing. Despite 3rd Circuit precedent upholding an eruv against an Establishment Clause attack, many in Palo Alto claim that the eruv violates required separation of church and state.
One outspoken opponent of the eruv, citing "the sneaky way that these folks do things" told the Forward: "We live in a modern, secular, democratic world, and these wackos are trying to catapult us back into a 2,000-years-ago kind of deal.... The big thing at the time was declaring this area Jewish space — absurd! It’s not Christian space, it’s not communist space, it’s not Republican space, it’s not Nazi space. If they want to have religious space, go to synagogue."
No Free Exercise Problem In NY Commission's Action On Catholic Hospital
Christian Student Group At Exeter Will Appeal Sanctions To High Court
More Details On Federal Censoring of Prison Chapel Libraries Disclosed
Jewish prisoner, Moshe Milstein, testified that some 600 Jewish books were removed from the Otisville prison library under the new policy, including many standard classical texts. Both the American Jewish Committee (press release) and four Orthodox Jewish groups have sent letters to the Bureau of Prisons saying that the purging of libraries was an over reaction. The new policy follows a 2006 Senate Hearing at which witnesses warned that Muslim prisoners were being radicalized inside U.S. prisons. (2006 AP Report).
Proposals On Religious Workers Visas Are Criticized
British Groups Calls For Change In Handling of Religious Asylum Claims
Officer In Iraq Sues For Conscientious Objector Status
Wednesday, July 18, 2007
NJ Trial Is Scheduled In Russian Orthodox Church Property Dispute
Nativity Scene Display Issue To Be On Berkley, Michigan Ballot
Charges Dismissed As FBI Refuses Records Relevant To Selective Prosecution Claim
Columnist Says NY Church Violated Tax Code Limits
Cambodia Limits Christian Proselytizing
British Tribunal Interprets Sexual Orientation Exemptions Narrowly
High Point, NC Moves To Non-Sectarian Invocations
Tuesday, July 17, 2007
Harry Potter Launch Time Creates Legal and Religious Issues In Israel
British Girl Loses Court Battle to Wear "Chastity Ring" In School
Alberta Commission Begins Hearing On Charges Of Anti-Gay Provocations
In an pre-hearing ruling in the case last year (full text), the Human Rights and Citizenship Commission denied Prof. Lund's motion that it order the Concerned Christian Coalition to remove from its website material it had posted regarding Lund's complaint that Lund said contained false and inflammatory material about him and the complaint.
Australian Court Upholds Decision That Rabbi's Contract Has Expired
Court Says College Instructor Can Recover Attorney Fees In Bias Suit
Bahrain To Increase Government Control Of Mosques
Poland Requires Stores To Close On Catholic Holidays
Monday, July 16, 2007
Welsh Court Quashes Order To Slaughter Diseased Sacred Bullock
Group Criticizes House Committee Vote On Abstinence Education As Religiously Biased
St. Louis Mosque Gets Unexpected Help In Its Rezoning Fight
Wyoming City To Dedicate 10 Commandments In Monument Plaza
Israeli Interior Minister Proposes Change In Religion-State Status Quo
Sheetrit's second proposal would allow those who are not able to marry in Israel because one of the spouses is not halachically Jewish to register as a married couple, instead of requiring them to fly to Cyprus or elsewhere to marry in order to be recognized in Israel. Shas, a religious party, opposes this because it says that it will permit homosexuals to register as married couples. Under the current government's coalition agreement, Shas has a veto on any matters relating to religion and state.
Sunday, July 15, 2007
New Report Details Persecution Of Hindus In 11 Countries
LA Catholic Archdiocese Reaches $660 Million Settlement With Abuse Victims
Russian Court Closes Down Local Scientology Center
"In God We Trust" To Go Into New City Hall In California
Saturday, July 14, 2007
Time Magazine Features Democrats' Embrace of Religion
The democrats' courtship of religious voters exploits a rare Republican predicament: disillusioned with Bush's stewardship and serial scandals, many religious conservatives see a field in which their preferred candidates can't win, and those who can win include, for now, a politically elastic Mormon; the twice-divorced, pro-choice, gay-friendly former New York City mayor; and a maverick who called conservative religious leaders "agents of intolerance" the last time he ran.Along with the feature article, the issue carries a report on a poll of voters' views of leading candidates religiosity. The issue also carries a background piece titled The Origins of the God Gap.
Lay Leaders Added As Defendants In Episcopal Church Property Dispute
Oregon Zoners Reject Church Site Despite Claim That A Vision Inspired Its Location
Recent Prisoner Free Exercise Cases
In Greenlaw v. Hill, 2007 U.S. Dist. LEXIS 49443 (D OR, June 27, 2007), an Oregon federal district court rejected an inmate’s free exercise claim stemming from a one-year delay in providing him with pureed kosher food after his teeth were extracted due to gum disease.
In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 48804 (D AZ, July 5, 2007), an Arizona federal district court rejected a prisoner’s challenge to a jail’s policy of allowing only three detainees per week to attend religious services.
In Al-Barr v. Lewis, 2007 U.S. Dist. LEXIS 48269 (ED CA, July 3, 2007), a California federal magistrate judge recommended dismissal of most of the claims brought by a Nation of Islam prisoner who alleged that NOI inmates were denied access to the prison chapel for religious study groups, and that at various times they were excluded from Ramadan services and various Islamic events. Plaintiff alleged free exercise and equal protection violations. He was permitted to move ahead only with one of his equal protection claims.
In Blount v. Milgrum, 2007 U.S. Dist. LEXIS 48172 (WD VA, July 2, 2007), a Virginia federal court dismissed for failure to exhaust administrative remedies a prisoner’s claim that his religious rights were violated when, on one occasion, Prison authorities gave him a non-kosher "loaf meal" in retaliation for his filing a grievance.
In Lancaster v. Tilton, 2007 U.S. Dist. LEXIS 48403 (ND CA, June 21, 2007), a California federal district court held that San Quentin prison officials were ignoring provisions of a consent decree requiring group religious services and counseling on a regular schedule for certain death row inmates.
Friday, July 13, 2007
Defendant In Employment Discrimination Trial Ordered To Testify On Religious Beliefs
UPDATE: The full opinion in Fairchild v. Riva Jewelry Manufacturing Inc., (Sup. Ct. NY County, June 28, 2007) is avaialable online.
Hate Crimes Bill May Come To Senate Vote; Clergy Take Opposing Sides
Pakistan's Supreme Court Changes Method of Allocating Haj Quotas
Hindu Cleric's Invocation In Senate Disrupted By Christian Protesters
TPM Cafe reports that the protesters were members of the anti-abortion group Operation Save America. Its report also links to a video of the invocation and its disruption. In a press release after the event, Operation Save America said "The Senate was opened with a Hindu prayer placing the false god of Hinduism on a level playing field with the One True God, Jesus Christ. This would never have been allowed by our Founding Fathers."
Americans United for Separation of Church and State issued a press release deploring the intolerance of the religious right protesters. [Thanks for leads from Alliance Alert and Blog from the Capitol.]
Tajik Court Upholds Campus Ban On Islamic Head Scarves
Complaint Dismissed Against Judge Who Questioned Defendant's Knowledge of Bible
Romanian Court Dismisses Lawsuit Filed Against God
Thursday, July 12, 2007
New Mexico Town Will Place 10 Commandments By City Hall
Wisconsin Supreme Court Rejects Statute of Limitations Argument In Fraud-Abuse Case
the claims of fraud for intentional misrepresentation are independent claims based on the Archdiocese's alleged knowledge of the priests' prior sexual molestation of children and the Archdiocese's intent to deceive children and their families. We further conclude that the date of the accrual of the fraud claims is "when the plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered" that the Archdiocese's alleged fraud was a cause of their injuries.Two justices dissenting in part argued that the negligent supervision claims should not have been dismissed either.
LDS Church Loses Bid to Keep Finances Secret
Muslim Head Scarves Remain Controversial In U.S.
Meanwhile, yesterday's Sacramento (CA) Bee reports that a Muslim woman has filed a discrimination suit in Solano, California Superior Court against Whitehall Jewelry stores. Shereen Attia had previously worked part-time for the stores. Her former supervisor asked her to return to work, but when he discovered that she had begun to wear a head scarf for religious reasons, he refused to hire her. Whitehall already employed one woman who wore a head scarf. Attia's suit alleges that the stores' district manager vetoed her hiring, saying "Oh no, not another one."
Cobb County, GA Wins On Most of Its Prayer Practices
UPDATE: The full opinion is now available on Lexis: BATS v. Cobb County Georgia, 2007 U..S. Dist. LEXIS 50196 (ND GA, July 6, 2007).
Jews For Jesus Challenges Leafleting Restrictions
Recent Articles On Church-State Issues
Leslie C. Griffin, Conscience and Emergency Contraception, Houston Journal of Health Law and Policy, Vol. 6, No. 299, 2006.
From Asian Journal of Comparative Law, (Vol. 2, Issue 1, 2007):
Andrew Harding, Buddhism, Human Rights and Constitutional Reform in Thailand.
Mohamed Azam Mohamed Adil, Law of Apostasy and Freedom of Religion in Malaysia.
From SmartCILP:
Dana E. Blackman, Refusal to Dispense Emergency Contraception in Washington State: An Act of Conscience or Unlawful Sex Discrimination?, 14 Michigan Journal of Gender & Law 59-97 (2007).
Kristin B. Gerdy, The Irresistible Force Meets the Immovable Object: When Antidiscrimination Standards and Religious Belief Collide in ABA-Accredited Law Schools, 85 Oregon Law Review 943-991 (2006).
Michele Estrin Gilman, Fighting Poverty With Faith: Reflections on Ten Years of Charitable Choice, 10 Journal of Gender Race & Justice 395-438 (2007).
Symposium: The Jurisprudential Legacy of John Paul II. 45 Journal of Catholic Legal Studies 221-669 (2006).
Dean Sanderford, The Sixth Amendment, Rules 606(b), and the Intrusion into Jury Deliberations of Religious Principles of Decision, 74 Tennessee Law Review 167-197 (2007).
Wednesday, July 11, 2007
Church Gets TRO Against Bidet Ad On Billboards At Its Building
Kentucky County Will Issue Revenue Bonds To Finance Church Addition
NY Rabbinical College Sues For Permission to Build
IRS Issues New Rev. Proc. On Sec. 501 Determinations
Military Conscientious Objector Rules Are Depublished
Conference Honors Roy Moore
Anti-Discrimination Policy vs Student Religious Rights: Once More Unto the Breach
The Alliance Defense Fund and Christian Legal Society have filed a suit against the University of Florida because, according to a CLS Blog post, "University officials refuse to recognize [Brothers Under Christ/Beta Upsilon Chi] as a registered student organization because the fraternity limits membership to men, and refuses to allow the fraternity to go under the Greek system because it requires members to share the group's Christian beliefs."
Franchise Story 2: Forbes Discusses One Franchisor's Practices
. . . Is it legal? There are no federal laws that prohibit companies from asking
nosy questions about religion and marital status during interviews. Most companies don't because it can open them up to discrimination claims, says James Ryan, a spokesman for the Equal Employment Opportunity Commission. Chick-fil-A has more freedom to ask whatever it wants of franchisees because they are independent contractors and not necessarily subject to federal employment discrimination laws. (Employees, however, may sue under those laws.)
Franchise Story 1: 7th Circuit Allows Race-Based Discrimination-in-Franchising Case to Proceed
Elkhatib claims that Dunkin Donuts refused to allow him to renew his franchisee agreements or relocate when it learned that he was not selling Dunkin Donuts' breakfast sandwiches. The Court determined that Dunkin Donuts' citation of Elkatib's failure to carry the products was pretext, concluding "there is significant evidence that the carrying of breakfast sandwiches was not an issue of importance to Dunkin Donuts." Slip. Op. at 10.
What may be more interesting to the readers of Religion Clause is how the two courts dealt with (or not) the religious element of his claim. In granting Dunkin Donuts' motion for summary judgment, the trial court sua sponte construed Elkhatib’s claim to be one of religious discrimination rather than racial discrimination, based on the court’s determination that the restrictions on handling pork are associated with religion, not race:
Elkhatib alleges discrimination based on race. See Compl., ¶ 9 (“Plaintiff, as an Arab is forbidden from dealing, buying or selling pork products, because of his race's traditions and religious practices”). Elkhatib cites St. Francis Coll. v. Al-Khazraji, 481 U.S. 604, 613 (1987) for the proposition that Arabs may sue for racial discrimination under § 1981. In that case, plaintiff Al-Khazraji sued a university that denied him tenure on the alleged grounds of racial discrimination. The Supreme Court held that “[i]f Respondent on remand can prove that he was subjected to intentional discrimination based on the fact that he was born an Arab, rather than solely on the place or nation of his origin, or religion, he will have made out a case under § 1981.” Id. at 613. Al-Khazraji based his claim solely on racial grounds. However, the court construes Elkhatib's claim to be one of religious discrimination rather than racial discrimination. The dietary restrictions Elkhatib points to are associated with religion rather than race. Islamic and Jewish law both prohibit the handling and consumption of pork. . . . Claims of religious discrimination are not cognizable under § 1981 and § 1982. Elkhatib v. Dunkin' Donuts, Inc. 2004 WL 2600119, *3 (N.D.Ill. 2004) (notes and religious citations removed). [Ed Note: Links Repaired].
Somewhat surprisingly, the Seventh Circuit accepted this characterization without comment (and without examining the district court's contention) and treated the claim as a race-based one.
Thanks to How Appealling for the lead.
Tuesday, July 10, 2007
Hudson Institute's Religious Freedom in the World 2007
Some of the statistics in the survey can be found here:
- Country Religious Freedom Scores Compared to Freedom House Rankings of Political Rights and Civil Liberties
- Grim & Finke Scores for Government Regulation of Religion (GRI), Government Favoritism of Religion (GFI), and Social Regulation of Religion (SRI)
Here is a National Review piece by Paul Marshall on the study he edited.
Thanks to Melissa Rogers for the lead.
InnerChange: Latest Developments
Yesterday's Des Moines Register (IA) has an editorial calling that decision into question, writing "If the state desires to institute 'values based' programs aimed at reforming convicted criminals, it must be sure they are not disguised as government-sponsored avenues for evangelization."
Defendants have also filed two F.R.A.P. 28(j) letters providing supplemental authorities to the court. One relates to rates of recidivism for inmates in the program. The second discusses the Supreme Court's decisions in Hein v Freedom from Religion Foundation, 551 U.S. ____ (2007) (June 25, 2007) and University of Notre Dame v Laskowski, No. 06-582 (US June 29, 2007) (cert. granted, judgment vacated and remanded in light of Hein). Both of these cases are discussed here.
Defendants argue that the district court relied heavily on Laskowski, and "[t]hus the anomalous legal basis for allowing private, taxpayer plaintiffs to compel restitution to the government is gone, and the decision below granting that remedy should be reversed." Plaintiffs argue in reply that unlike the case in Hein, "InnerChange was funded for the last four years with appropriations by the Iowa Legislature specifically for the program." Plaintiffs also argue that "The restitution question is an issue of remedy, not standing. Hein does not impact the logic of prior cases that treated restitution as an available remedy...."
Asylum Seeker Has Right to Profess Faith in Public
The administrative law judges reviewing the decision accepted her argument that a 2004 European Union directive requires the granting of asylum to those who face persecution for practicing their religion in public. Moreover, the court doubted that she could return to the secret practice of her religion after living openly in Germany.
Article 10 of that directive holds that:
1. Member States shall take the following elements into account when assessing the reasons for persecution: (a) . . . . (b) the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief . . .