Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, August 19, 2007
Indian Tribe Seeks To Preserve Sacred Items Far From Reservation
Sri Lankan Buddhists Concerned About New Movie, "Music and Lyrics"
Connecticut Episcopal Diocese Sues Break-Away Parish
NYT Magazine Explores the Politics of God
A little more than two centuries ago we began to believe that the West was on a one-way track toward modern secular democracy and that other societies, once placed on that track, would inevitably follow. Though this has not happened, we still maintain our implicit faith in a modernizing process and blame delays on extenuating circumstances like poverty or colonialism. This assumption shapes the way we see political theology, especially in its Islamic form — as an atavism requiring psychological or sociological analysis but not serious intellectual engagement. Islamists, even if they are learned professionals, appear to us primarily as frustrated, irrational representatives of frustrated, irrational societies, nothing more. We live, so to speak, on the other shore. When we observe those on the opposite bank, we are puzzled, since we have only a distant memory of what it was like to think as they do. We all face the same questions of political existence, yet their way of answering them has become alien to us. On one shore, political institutions are conceived in terms of divine authority and spiritual redemption; on the other they are not. And that, as Robert Frost might have put it, makes all the difference....
Even the most stable and successful democracies, with the most high-minded and civilized believers, have proved vulnerable to political messianism and its theological justification. If we can understand how that was possible in the advanced West, if we can hear political theology speaking in a more recognizable tongue, represented by people in familiar dress with familiar names, perhaps then we can remind ourselves how the world looks from its perspective.
Saturday, August 18, 2007
Hindu Priest To Open California Senate Session
Court Dismisses Suit Over Expulsion of Student From Catholic School
Indian State to Ban Non-Hindu Activities Near Temple
UPDATE: Apparently this new legislation is in addition to legislation enacted in June that permits the Andhra Pradesh government to prohibit propagation of religion in places of worship other than the religion traditionally practiced there. That law, the Andhra Pradesh Propagation of Other Religions in the Places of Worship or Prayer (Prohibition) Ordinance, 2007 was implemented by Government Order 747 that applies the prohibtion to 20 Temples in the state. (Persecution Update India.) The Aug. 20 Times of India says that Christian groups will file suit in the High Court challenging the constitutionality of that Order, and arguing that it is being misapplied to also ban social work by non-Hinud groups in the 20 towns involved.
Utah Judge Interviews Candidates For FLDS Trust Advisors
NY Court Decides Standing Issues In Challenge To Yeshiva Housing
In In re Village of Chestnut Ridge v. Town of Ramapo, (App. Div., 2d Dept., Aug. 14, 2007), the court concluded that the Villages have standing to assert the environmental claims and claims regarding required reviews of the proposed zoning law. The individuals have standing to assert these, plus claims that the law was inconsistent with provisions on municipal home rule, that it was inconsistent with the Town’s comprehensive plan, and that its enactment exceeded the Town’s police powers. None of the parties have standing to raise the other constitutional claims being asserted.
Covering the decision, today’s Lower Hudson Journal News quoted Dennis Lynch, attorney for one of the developers involved, who said the appeals court decision "is a lawyer's delight because everyone can sue everybody."
Church Appeals RLUIPA Eminent Domain Decision
Friday, August 17, 2007
11th Circuit Rejects Dismissal of Free Exercise Claim By MSW Student
The Court of Appeals upheld the lower court's dismissal of Watts free speech claim, finding that, under the Supreme Court decision in Connick v. Myers, the government as Watts' employer could dismiss him even though it was based on speech. He was not here speaking as a citizen on matters of public concern. The court assumed, without discussing the matter, that the Connick test does not apply to a dismissal of an employee for exercise of religious beliefs.
The majority (Carnes, J. with Hill, J. concurring in his opinion) then held that, at least on the pleadings, Watts stated a valid free exercise claim when his complaint alleged: "Mr. Watts' religious beliefs include the belief that a patient who professes a religion is entitled to be informed if the counselor is aware of a religious avenue within the patient's religion that will meet the appropriate therapy protocol for the patient. Mr. Watts' termination for his 'religious speech' evidences Defendants' intent to compel Mr. Watts to act contrary to his religious beliefs and constitutes a substantial burden on the exercise of his religious beliefs."
Judge Tjoflat dissenting argued that while Watts had adequately plead that his beliefs were sincere, he had not adequately plead that they were religious as opposed to philosophical or professional. The majority responded to this argument, saying that Supreme Court precedent indicates that Watts need only "plead that he believes his religion compels him to take the actions that resulted in his termination. He need not plead now, or present later, 'objective' evidence that his belief is of the type that a judge would generally consider to be religious in nature. Watts is not on the hook for our inability to understand his religious system." [Thanks to Joel L. Sogol via Religionlaw listserv for the lead.]
New British Law Could Impose Faith-Based Probation Programs
NY Judge Orders Mosque Reopened While Dispute Is In Court
Court Rejects Mother's Demand For Christian Therapist In Custody Case
Turkmenistan Sentences Conscientious Objector To Jail
Cub Scout Working To Develop Native American Emblem
Thursday, August 16, 2007
Louisiana College Plans To Open a "Biblical Worldview" Law School
[Thanks to Melissa Rogers for the lead.][College president, Joe] Aguillard said the law school will "unashamedly embrace" the nation’s "biblical roots" but still prepare graduates to pass the bar exam and practice law in Louisiana or nationwide. "We teach our students to have a passion to change the world in the name of Christ," he said.
Some anti-Christian courts have improperly interpreted the U.S. Constitution on issues involving religious liberties and family values, Aguillard said....Louisiana College requires all of its faculty to "accept Jesus Christ" and was the scene of protests over an alleged lack of academic freedom as the college became more fundamentalist and conservative in recent years....
Military Stops Group from Sending Apocalyptic Video Game To US Troops
Christian Groups Proposing Code of Conduct For Seeking Converts
Group Urges IRS To Investigate California Church For Political Endorsement
Issues of Secularism Remain In Turkey's New Presidential Election
Woman Arrested After Disturbing Neighbors With Wicca Ritual
Agreement Furthers Proper Burials For Jewish Military In Russia
Indiana State Agency Ends Controversial Chaplaincy Program
Canadian Company Settles Complaint On Muslim Cabbies and Guide Dogs
Wednesday, August 15, 2007
Texas State School Board Offers Narrow Policy On Student Religious Speech
Vermont Policy On Religious Vanity Plates Upheld Again
Report On White House Faith-Based Conference In Minneapolis
Despite those concerns, Minnesota Governor Tim Pawlenty began his remarks by reading from the Bible.Inside the conference, the official message was that government partnering with faith-based services can make America a better place. Unofficially, the message was apologetic and sometimes persecutive. Faith-based groups have been discriminated against in receiving grant money, many argued. The initiative is a way to "level the playing field."
Many presenters pointed to 'Minnesota Nice' as the ideal of the initiative, and the recent bridge collapse became a narrative for how faith-based groups and government can work together, particularly in Minnesota....Perhaps the most important part of the conference was teaching the attendees, as well as state officials, the legal responsibilities that faith-based groups face in accepting government funds.
Canadian University To Install Footbaths Without Controversy
Role of Non-Profits In Election Campaigns Debated
Here is Egger's provocative challenge:
If most people have a choice between feeding a poor kid and fighting the reason the kids are poor, they’re going to opt, right now, historically, for the organization that feeds the kid. It's like the old line – and I forget which activist said it: When I fed the poor, they called me a saint. When I asked why they were poor, they called me a communist. That's to a certain extent what’s going on here. And I think that we have to challenge this. And I do want to be able to say, vote for Joe, or vote for Jane, openly.Eisenberg however thinks that there is plenty for non-profits to do without endorsing political candidates:
There are so many issues on which nonprofits ought to be speaking out and putting their muscle into that they're not doing. For example, how many nonprofits have had the guts to challenge foundations, corporate donors, and United Ways throughout the country on the pattern of their giving, which has in fact neglected poor people, has refused to find advocacy, and has supported primarily established organizations. You can almost count the number of nonprofits on the fingers of both hands.... How many nonprofits have attacked the excesses of corporate America? .... They should focus on those issues and not try to get involved in politics, which at the same time would endanger their tax status.
Czech Official Suggests State Funding of Catholic Church End
Tuesday, August 14, 2007
Tax Fraud Indictment Against Evangelist Dismissed For Prosecutorial Misconduct
this case illustrates the specter of a federal tax prosecution that faces every clergyman, minister, rabbi, and cleric who receives money after delivering a sermon. Such tax cases must be considered by government prosecutors with great care lest the Government trench on rights afforded by the Free Exercise Clause and convert that which is a guaranteed liberty into a federal crime. In this case, the prosecutor did not exercise that necessary care before the grand jury. Consequently, the grand jury was misled on the law, was unable to correctly adjudge the evidence, and no longer operated as an independent body and buffer between the Government and the Defendant.Today's San Diego Union-Tribune reports on the decision.
Buddhists Illegally Release Reptiles Into New Jersey River
Kinghts of Columbus Will Shun Politicians Who Do Not Support Pro-Life Stance
British Catholic School Cannot Fire Headteacher Who Entered Civil Union
ACLU Sues Louisiana Over Unrerstricted Earmarks For Two Churches
San Diego Diocese Risks Dismissal of Its Bankruptcy Case After Misrepresentations
NJ Church Group Sues To Prevent Order To Open Its Facilities For Civil Unions
UPDATE: Today's New York Times reports on the lawsuit, saying that the Boardwalk Pavilion is viewed by many as a public facility because it is regularly used for rest or shade by members of the public. The Times also reports that OCGMA has stopped using the Pavilion for weddings in order to avoid the kinds conflicts that are presented in this lawsuit.
Justice Department Settles Religious Discrimination Suit Against Florida County
Monday, August 13, 2007
Florida Defendant Will Dress As Satanist At His Murder Trial
UPDATE: The Miami Herald reported that just before he began picking a jury on Monday, defendant Lazaro Galindo told the judge that he had found God and would not wear his Satanic garb in court.
Egypt To Stengthen Penalties Against Female Circumcision
Church Says Zoning Forcing Social Service Clients Into Church Violates RLUIPA
High Execution Rate In Texas Attributed To Conservative Christian Influence
Indonesians Rally In Support of Caliphate
Sunday, August 12, 2007
Thailand's Queen Calms Protests Over New Constitution
Recent Articles and Book on Law and Religion
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)
Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).
From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).
Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).
Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).
Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).
Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).
Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).
Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).
Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.
Saturday, August 11, 2007
ECUSA and Virginia Diocese Enjoy Initial Win In Property Dispute
Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.
Spanish Leader, Church, Spar Over Education Reforms
Egyptian Gets 3rd Lawyer In Suit For Recognition of Conversion
Another City Hall Will Display "In God We Trust"
Malaysian Authorities Continue To Deal With Religious Issues
Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.
Friday, August 10, 2007
Recent Prisoner Free Exercise Cases
In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.
In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.
Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.
In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.
In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).
Appeal Filed In Conviction of Catholic Priest For Killing Nun
Bishop's Endorsement of Obama Criticized
London Synagogue Named National Monument
Thursday, August 09, 2007
Many Iraqi Christians Flee Mosul
Domestic Assault Charges Growing Out of Religious Argument Dismissed
Court Refuses To Stop Meeting At Which Catholic School Coach Is Dismissed
Right Wing Dutch Politican Says Koran Should Be Banned In Netherlands
Police Officers Decertified For Loyalty To FLDS Leader
Court Upholds Neutral Brick-and-Mortar Grants To Churches
Focusing particularly on the Supreme Court's 2000 decision in Mitchell v. Helms, the court held the fact that churches are pervasively sectarian institutions does not automatically disqualify them from participating in an otherwise permissible aid program. It also held the fact that funds are granted directly to churches does not invalidate the FIP so long as the program does not discriminate on the basis of religious sect and so long as the reimbursements do not amount to government endorsement of a church's message. The grants are not forbidden just because they may free up funds for religious purposes that the churches would otherwise have used for building repairs.
Applying these criteria, the court upheld grants for most of the church repair projects, but found that aid to three projects was unconstitutional because it would be perceived as government support for the advancement of religion. The prohibited projects were repair of two stained glass windows displaying religious images and projects involving monolithic signs that "identify and solicit the churches as sites of Christian worship".
The decision is covered today by the Detroit News and in an Alliance Defense Fund release yesterday.
Wednesday, August 08, 2007
Article Charges Apocalyptic Video Games Being Sent To Soldiers In Iraq With DoD Approval
The game is inspired by Tim LaHaye and Jerry Jenkins' bestselling pulp fiction series about a blood-soaked Battle of Armageddon pitting born-again Christians against anybody who does not adhere to their particular theology. In LaHaye's and Jenkins' books, the non-believers are ultimately condemned to "everlasting punishment" while the evangelicals are "raptured" up to heaven.Blumenthal says that the Freedom Packages have the endorsement of the Defense Department.
The Left Behind videogame is a real-time strategy game that makes players commanders of a virtual evangelical army in a post-apocalyptic landscape that looks strikingly like New York City after 9/11. With tanks, helicopters and a fearsome arsenal of automatic weapons at their disposal, Left Behind players wage a violent war against United Nations-like peacekeepers who, according to LaHaye's interpretation of Revelation, represent the armies of the Antichrist. Each time a Left Behind player kills a UN soldier, their virtual character exclaims, "Praise the Lord!" To win the game, players must kill or convert all the non-believers left behind after the rapture. They also have the option of reversing roles and commanding the forces of the Antichrist.
Giuliani Refuses To Discuss His Religious Practices
Massachussets Episcopal Diocese Settles With Break-Away Parish Members
Discrimination Claims Dismissed Under Ministerial Exception
LA Church Leader Convicted of Selling Marijuana As Sacrament
Korean Christians Want To End Licensing Tests On Sundays
Tuesday, August 07, 2007
Conviction For Distributing Religious Flyers Without Permit Reversed
Clergy To Pray At School Board Meetings Are Scarce
Romney Debates His Religion With Talk Show Host
Suit Challenges Moment of Silence In Texas Schools
Break-Away Episcopal Churches Appeal To California Supreme Court
Cardinal Lustiger, Defender of Church's Role In Politics, Dies
Egyptian Convert To Christianity Sues For Recognition of Change
UPDATE: On Wednesday, Compass Direct News reported that Hegazy's attorney has withdrawn from the case, and Hegazy has gone into hiding while seeking a new lawyer. Mamdouh Nakhla said he was withdrawing from the case both because he did not want to provoke public opinion and because his client failed to provide him necessary documents. However a member of the Center for Human Rights said Nakhla was withdrawing under pressure and death threats.
Monday, August 06, 2007
Pakistan Religious Minorities To Rally For Equal Rights
Baltimore Schools Investigate Church's Free Use of Building
Arabic Public School In NY Generates Continued Controversy
New Zealand Bishops Lose Appeal In Offensive "South Park" Case
Recent Prisoner Free Exercise Cases
In Salgado v. Grams, 2007 U.S. Dist. LEXIS 55129 (WD WI, July 30, 2007), a Wisconsin federal district court dismissed an inmate's RLUIPA and free exercise claims. Plaintiff alleged he was denied prayer oil, a prayer rug and prayer beads. However defendants explained that plaintiff never made a request for these items. Also plaintiff made no showing that he held sincere Muslim religious beliefs.
In Echols v. Ramos, 2007 U.S. Dist. LEXIS 55248 (SD IL, July 31, 2007), an Illinois federal district court permitted a Rastafarian prisoner to proceed with his claim against prison officials (but not against the Department of Corrections) alleging that his First Amendment rights were infringed when he was informed he would be required to cut his dreadlocks.
In Toler v. Leopold, 2007 U.S. Dist. LEXIS 55531 (ED MO, July 31, 2007), a Missouri federal district court refused to grant defendants summary judgment in a claim by a prisoner that the First Amendment and RLUIPA were violated when he was denied a kosher diet and instead limited to a vegetarian food option, the ability to self-select items from the menu, and the ability to purchase kosher food from the canteen.
In Barrett v. Williams, 2007 U.S. Dist. LEXIS 39882 (D OR, June 6, 2007), an Oregon federal district court adopted the recommendations of a federal Magistrate Judge (2007 U.S. Dist. LEXIS 55824) that a prisoner's First Amendment and RLUIPA claims be rejected. Inmate Jacob Barrett was not permitted to purchase a book, The Secret of the Runes, because he owed fines. The Magistrate found that this did not impose a substantial burden on Barrett's free exercise rights.
In Robinson v. Department of Corrections, 2007 U.S. Dist. LEXIS 56355 (ND FL, June 6, 2007), a federal Magistrate Judge dismissed an inmate's Free Exercise claim, finding that the inmate failed to allege that withholding religious materials denied him a reasonable opportunity to pursue his religion. Also the court rejected the inmate's retaliation claim, finding he failed to show that withholding these materials was in retaliation for filing grievances.
Sunday, August 05, 2007
"Adopt-A-School" Program For Churches Questioned
Recent Articles and Book of Interest
Anne K. Knight, Striking the Balance between Anti-Discrimination Laws and First Amendment Freedoms: An Alternative Proposal to Preserve Diversity, (Aug. 1, 2007).
From Bepress:
Asher Maoz, Religious Education in Israel, (Tel Aviv University Legal Working Paper Series, No.44, July 2007).
Multi-article issues:
From the State House to the Schoolhouse: Religious Expression in the Public Sphere, articles by Cynthia A. Baker, Kevin C. McDowell, Luke Meier, Mark Strasser, 40 Indiana Law Review 491-584 (2007).
Journal of Church and State, Vol. 49, No. 2 (Spring 2007) has recently been published.
From SmartCILP:
Robert Audi, Religion and Public Education In a Constitutional Democracy, (Reviewing Kent Greenawalt, Does God Belong in Public Schools?), 93 Virginia Law Review 1175-1195 (2007).
David Keane, Addressing the Aggravated Meeting Points of Race and Religion, 6 University of Maryland Law Journal of Race, Religion, Gender & Class 367-406 (2006).
Andrew Koss, Anti-Semitism in Poland, Then and Now: A Review of Two Books, (Reviewing Jan T. Gross, Fear: Anti-Semitism After Auschwitz; and Joanna Beata Michlic, Poland's Threatening Other.) 1 Columbia Journal of East European Law 188-199 (2007).
Alenka Kuhelj, A Socio-Legal View on Multi-Culturalism and Religious Changes in Post-Communist EU States, 1 Columbia Journal of East European Law 114-141 (2007).
Jennifer M. Smith, Morse Code, Da Vinci Code, Tax Code and ... Churches: An Historical and Constitutional Analysis of Why Section 501(c)(3) Does Not Apply to Churches, 23 Journal of Law and Politics 41-88 (2007).
Mark Totten, The Politics of Faith: Rethinking the Prohibition on Political Campaign Intervention, 18 Stanford Law & Policy Review 298-323 (2007).
New book:
Bill Osinski, Ungodly: A True Story of Unprecedented Evil (2007),(reviewed by Fulton County Daily Report).
Scientology's Help In Disaster Areas Questioned
Trial Set To Begin In Suit To Recover Funds Donated To Church
Italian Premier Wants Church To Help With Tax Compliance
Saturday, August 04, 2007
Some of Pastor's Defamation and Related Claims Dismissed
Complex Housing Discrimination Case Generates Multiple California Lawsuits
In the complicated dispute, the city has has declared the current building a "landmark" so it cannot be torn down. Or Khaim has challenged that in its own lawsuit, claiming both that the designation is not justified under the landmark law, and that as a religious institution it is exempt. (Cal. Govt. Code. Sec. 37361). Meanwhile, Or Khaim says it has given up on its plans to house Jewish refugees and instead plans to offer transitional housing for the poor. The suit filed by the city indicates that it is skeptical, saying that Or Khaim has already begun "ethnic and religious cleansing" of the apartment building. A more detailed account of the controversy appears in today's Iranian Jewish Chronicle.
UPDATE: On Aug. 6, a federal district judge issued a preliminary injunction prohibiting eviction of tenants. The Santa Monica Daily Press reported the court found that there may have been a violation of the Fair Housing Act.