Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, October 16, 2006
Sunnis In Iraq Want Separate Islamic State
UPDATE: The full text of the statement published this morning indicates that the Mujahideen Shura Council actually declared the establishment of an Islamic state in parts of Iraq. (Kavkaz Center).
Recent Articles Of Interest
Johnny Rex Buckles, The Constitutionality of the Monkey Wrench: Exploring the Case for Intelligent Design, forthcoming in Oklahoma Law Review, Vol. 59, 2006.
From SmartCILP:
Richard W. Garnett, Religion, Division, and the First Amendment, 94 Georgetown Law Journal 1667-1724 (2006).
Marianna Moss, How Are Reasonable Children Coerced? The Difficulty of Applying the Establishment Clause to Minors, 10 UC Davis Journal of Juvenile Law & Policy 379-428 (2006).
Sunday, October 15, 2006
Interesting Employment Discrimination Cases From Britain
Meanwhile, in London, a Catholic chef who was fired for refusing to work on Sunday won his claim for employment discrimination before an employment tribunal, according to a report today in This Is Local London.
But a Muslim teaching assistant at Headfield Church of England Junior School in West Yorkshire was removed by the Kirklees local educational council after she refused to remove her veil during lessons aimed at helping bilingual students improve their communication skills. Pupils-- many from families of Pakistani or Indian origin who are still learning to speak English--were finding it difficult to understand the teacher when she was wearing her veil. A report from the Times, carried today by The Peninsula, says that leading Muslims have backed the council's removal of Aishah Azmi, the bilingual support teacher. The teacher has taken the case to an employment tribunal.
Battles Over Christmas Displays Beginning
Meanwhile in Berkley, Michigan, a group of residents, hearing that the city was considering possibly ending its 65 year tradition of displaying a nativity scene on city property, have formed a new group called "Stop the ACLU Tyranny". Michigan’s Hometown Life reporting last Friday on the developments quoted one member of the new group who describes the ACLU's position against the religious displays as "religious bigotry". (See prior posting.)
"Untouchables" Convert To Protest Anti-Conversion Laws
Egypt Censors Book Discussing Controversial Muslim Changes
Hawaii Court Rejects Student's Religious Objections To TB Test
Former White House Aide Charges Hypocritical Attitude Toward Evangelicals
[Kuo] says some of the nation’s most prominent evangelical leaders were known in the office of presidential political strategist Karl Rove as "the nuts."Conservative Christian leaders questioned the timing of the book’s publication. (Washington Post). At his press briefing on Friday, White House Press Secretary Tony Snow emphasized that the White House has not seen the book, so it cannot respond to it. However, he said so far as there is an insinuation that the administration takes faith-based groups lightly, that is false. And he said that Carl Rove has denied the book’s report that he referred to evangelical leaders as "nuts".
"National Christian leaders received hugs and smiles in person and then were dismissed behind their backs and described as 'ridiculous,' 'out of control,' and just plain 'goofy,'" Kuo writes.
More seriously, Kuo alleges that then-White House political affairs director Ken Mehlman knowingly participated in a scheme to use the office, and taxpayer funds, to mount ostensibly "nonpartisan" events that were, in reality, designed with the intent of mobilizing religious voters in 20 targeted races.
Today Was "Liberty Sunday"
Church Sues City Over Ban On Food Aid In Downtown Areas
Friday, October 13, 2006
Texas Fair Held Public For Protection Of Religious Messages
Senate Committee Report Says Religious Group Was One That Aided Abramoff
Quebec Schools Seek More Accommodation of Religious Diversity
India's Supreme Court Says It Can Review Clemency Decision Based On Religion
Thursday, October 12, 2006
Canada's Moderate Muslims Want Government Protection From Fundamentalist Threats
3rd Circuit Denies En Banc Review In Title VII Case
Swiss City Debates Permitting Religious Cemeteries
Delaware AG Says Loans and Grant To Churches Were Unconstitutional
Times' Series On Religious Exemptions Criticized
Wednesday, October 11, 2006
Tennessee City Commissioner Supports Religion In Schools
Somalia Proposes Islamic Restrictions On Media
Iowa Diocese Files For Bankruptcy
UPDATE: The Associated Press on Wednesday distributed an interesting article on the risks and uncertainties of dioceses using the bankruptcy route to deal with priest sexual abuse liabilities.
Orthodox Church In Russia Insists Clergy Not Hold Civil Office
Michigan Rejects Intelligent Design In Science Classes
Catholic Hospital Succeeds In Defense Against Wiccan's Title VII Claim
Memorandum Raises 1st Amendment Defenses In Terrorism-Related Case
The Wooster (MA) Telegram & Gazette reports that last week, two high profile First Amendment lawyers filed appearances in a Massachusetts federal district court to represent the defendants. The lawyers are law professor Susan Estrich and former Massachusetts ACLU president Harvey Silvergate. On Oct. 5, 2006, they filed a fascinating 49-page memorandum urging dismissal of the indictment on First Amendment grounds. The case is United States v. Muhamed Mubayyid and Emadeddin Z. Muntasser (Criminal No. 05-40026-FDS, D MA).
The memorandum (available through PACER- subscription and fee required) argues that the information the defendants are charged with concealing related only to the ideological basis of Care International’s activities, and is therefore irrelevant to the granting of non-profit status to the group. It contends that the government is attempting to punish defendants for legitimate activities of an established religious charity that do not differ from the activities of mainline Jewish and Catholic organizations. The memorandum argues that the indictment misinterprets the concept of “jihad”, and that if the government’s theory is upheld, then mere distribution of the Koran by Muslim charities would become a criminal activity.
In arguing that Care International was merely pursuing religious goals, the memorandum says:
[I]t is well-established among all respectable sources that jihad, mujahideen, and zakat are all concepts which derive to varying degrees from the Koran and have enormous religious significance to practicing Muslims. Under the teachings of the Koran, Muslims have an obligation to give zakat,; the mujahideen are widely interpreted to be one of the eight categories of recipients entitled to zakat. The gravamen of the indictment is that Care was devoted to the support of "jihad" which the government simplistically defines as “holy war,” as if doing so negates the charitable and religious basis of Care’s and Mr. Muntasser’s claim to First Amendment protection and creates an obligation to supply information that would normally not be seen as material to such an application for tax-exempt status.
Tuesday, October 10, 2006
Turkish Government Hesitates To Permit Reopening Of Seminary
Montana Church Appeals Constitutionality Of State Election Regulations
Federal Grant Will Fund Study Of Impact Of Religion On Youth Social Behavior
Sunday Closing Rules In Nova Scotia Invalidated
School's Motion To Dismiss Suit On "Day of Truth" Cards Dismissed
Chinese Christian Member Of Unregistered Church Granted Asylum
Monday, October 09, 2006
Recently Available Prisoner Free Exercise Cases
In Kyles v. Clarke, 2006 U.S. Dist. LEXIS 72749 (ED WI, Oct. 4, 2006), a Wisconsin federal district court permitted a prisoner to move forward with his claim that he was denied the right to have Islamic religious services in the jail, while Christian religious services were offered several times per week.
In Wells v. Caldwell, 2006 U.S. Dist. LEXIS 72813 (ED MI, June 14, 2006), a Michigan federal magistrate judge permitted a Buddhist prisoner who was denied vegan meals to proceed with his claim that he was not given a reasonable chance to prove the sincerity of his religious beliefs.
In Harris v. Schriro, 2006 U.S. Dist. LEXIS 72558 (D AZ, Oct. 4, 2006), an Arizona federal district court dismissed two of the claims filed by a Jewish prisoner. The claim against a food service corporation were dismissed because it was not vicariously liable for its employees who failed to provide Kosher meals to the plaintiff. It rejected his claim that his rights were violated because no rabbi was provided to conduct religious services for him. No volunteer rabbi has been found who is available.
In Walton v. Tilton, 2006 U.S. Dist. LEXIS 72219 (ED CA, Oct. 3, 2006), a California federal magistrate judge recommended dismissal of a prisoner's claim that the California Department of Corrections and Rehabilitation's "no pork" policy constitutes an impermissible establishment of religion by endorsing the Muslim faith.
In Ortega v. Apio, 2006 U.S. Dist. LEXIS 72930 (D Az, Oct. 3, 2006), an Arizona federal district court gave plaintiff prisoner a chance to refile his claim to allege the proper elements of a cause of action, in connection with his claim that he has been denied access to Native American clergy and instead he received visits from "Rez Connections, a Christian ministration group bent on converting Native Americans to Christianity".
Preacher Acquitted On Noise, Trespassing Charges
A New Danish Muhammad Cartoon
Globe Series on "Exporting Faith"
Part II is titled "Religious Right Wields Clout-- Secular Groups Losing Funding Amid Pressure". It points out that USAID officials have favored groups that promote abstinence as the most important way to prevent AIDS. Of the $15 billion in the President's Emergency Plan for AIDS Relief (PEPFAR), $3 billion is for prevention, and $1 billion of that is required to be spent for "abstinence-until-marriage" programs. A 2003 law requires groups receiving anti-AIDS funds to have a policy explicitly opposing prostitution and sex trafficking. A number of foreign aid groups are concerned that this interferes with their outreach to sex workers who are at high risk for transmitting AIDS.
UPDATE: Part III is titled "Together, But Worlds Apart -- Christian Aid Groups Raise Suspicion In Strongholds of Islam". It says that hospitals in Muslim countries run by Christian groups create suspicion both because of popular opposition to U.S. policies around the world, and concern about proselytization.
Part IV is titled "Healing the Body to Reach the Soul-- Evangelicals Add Converts Through Medical Trips". It focuses on medical missions to developing countries by evangelical Christian medical personnel.
Sunday, October 08, 2006
Sandra Day O'Connor On Church-State
Boston Doctor Succeeds In Claiming Conscientious Objector Status
Religious Discrimination In Adoptions May Have Ended In India
3rd Circuit Reinstates Challenge To School's Policy Banning Religious Music
Candidate's Religious Beliefs Become Issue In Texas Judicial Race
British Court Fines Muslim Cabbie For Refusing To Transport Guide Dog
Times Series Examines Accommodation of Religion By American Law
Friday, October 06, 2006
Recent Publications On Church-State; Relgion & Law
- Frederick Mark Gedicks, The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the United States, (Emory International Law Review, Vol. 19, 2005).
- Frederick Mark Gedicks & Roger Hendrix, Uncivil Religion: Judeo-Christianity and the Ten Commandments, (October 4, 2006).
- Carl H. Esbeck, "Play in the Joints Between the Religion Clauses" and Other Supreme Court Catachreses, (Hofstra Law Review, Vol. 34, p. 1331, 2006).
From European Journal of Philosophy:
- Jurgen Habermas, Religion in the Public Sphere, (Vol. 14, No. 1, 2006). [PrawfsBlawg review.]
- Andy G. Olree, James Madison and Legislative Chaplains (Sept. 25, 2006).
- Mary R. Bundren, The Influence of Catholicism, Islam and Judaism on the Assisted Reproductive Technologies ("ART") Bioethical and Legal Debate: A Comparative Survey of Art in Italy, Egypt and Israel (September 22, 2006).
- Vincent Phillip Munoz, Thou Shalt Not Post the Ten Commandments? McCreary, Van Orden, and the Future of Religious Display Cases, 10 Texas Review of Law & Politics 357-400 (2006).
- Barbara A. Perry, Jefferson's Legacy to the Supreme Court: Freedom of Religion, 31 Journal of Supreme Court History 181-198 (2006).
- Joshua E. Perry, Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo and Beyond,16 Health Matrix 553-630 (2006).
- Li-ann Thio & Jaclyn Ling-Chien Neo, Religious Dress in Schools: the Serban Controversy in Malaysia, 55 International & Comparative Law Quarterly 671-688 (2006).
Hijab Remains Controversial In Some Countries
In Tunisia, the government is defending its ban on wearing the hijab in educational institutions and public buildings. Islam Online reports that women students are increasingly kept out of classes if they insist on wearing a hijab. Last month in Tunisia, security forces raided toy stores and removed all the Fulla dolls. Islam Online reports that these hijab clad dolls, with long sleeve dresses and a prayer mate, have outpaced Barbie dolls in popularity in the country. Tunisian Religious Affairs Minister Aboubaker Akhzouri said that the hijab runs counter to the country's "cultural legacy," and is seen as a "foreign phenomenon" in society.
University Of The Cumberlands Withdraws Motion To Dismiss Suit Against It
Alaska Constitution May Protect Religious Marijuana Use
The Court of Appeals reversed and remanded for the trial court to conduct an evidentiary hearing on whether the defendants' conduct was based on a sincere religious belief and, if so, whether the state has not merely a compelling interest in enforcing its drug laws, but whether that interest will suffer if an exemption is granted to accommodate these defendants' religious beliefs. The court said that the test under the Alaska Constitution was similar to the test under RFRA applied by the United States Supreme Court in its 2006 O Centro decision.
Suit Charges New York With Failing To Accommodate Religious Practices Of Prison Guards
Saudis Try Al Qaeda In Shariah Courts
Democrats Tout Religious Credentials In North Carolina
European Court Upholds Salvation Army Claim Against Russia
Thursday, October 05, 2006
Michigan City Deciding Whether To Move Creche To Private Property
Indian Court Will Hear Challenge To Jain Fasting Ritual
More Prisoner Free Exercise Cases From September
In Barnes v. Pierce, 2006 U.S. Dist. LEXIS 69303 (SD TX, Sept. 26, 2006), a Texas federal district court permitted inmates to proceed with a claim that Muslim prisoners are not allowed the same opportunities as are available to prisoners of other faiths to practice their religion, but rejected a challenge to the prohibition on prisoners wearing beards.
In Colquitt v. Camp, 2006 U.S. Dist. LEXIS 69934 (MD FL, Sept. 27, 2006), a Florida federal district court permitted a Muslim plaintiff to move ahead with his claim against one of the jail officials he sued. Plaintiff alleged that officials refused to accommodate his dietary restrictions during Ramadan and retaliated against him for filing complaints in connection with his diet issues. It also held that defendant was not entitled to qualified immunity.
In Grant v. Sutton, 2006 U.S. Dist. LEXIS 70076 (SD IL, Sept. 27, 2006), an Illinois federal district court permitted a former inmate to move ahead with claims that prison officials did not give Muslim inmates full access to the prison chapel for prayer, would not allow Imams to lead services except during Ramadan, denied Muslim inmates permission to participate in religious festivals, denied them access to Qurans, denied plaintiff permission to attend religious classes and chapel, and barred him from leading worship services.
In Ferdinand v. Johnson, 2006 U.S. Dist. LEXIS 70986 (WD VA, Sept. 29, 2006), a Virginia federal district court held that a prison's grooming policy did not violate the Religious Land Use and Institutionalized Persons Act.
Morocco Ministry Changes Religious Textbooks
Indiana Supreme Court Upholds Striking Clergy From Jury Panel
Nevada Clergy Endorse Measure To Liberalize Drug Laws
New Debate Over Same-Sex Marriage In Canada
Parent Attacks Harry Potter Books In Georgia Schools
Justice Department Investigating School's Holiday Excusal Policy
Wednesday, October 04, 2006
En Banc Review Sought In California Library Use Case
Kentucky Prohibition On Funeral Protests Struck Down
The provisions at issue in this case burden substantially more speech than is necessary to prevent interferences with a funeral or to protect funeral attendees from unwanted, obtrusive communications that are otherwise impractical to avoid. Section 5(1)(b) prohibits all congregating, picketing, patrolling, demonstrating or entering on property within 300 feet of a funeral whether such activities interfere with the funeral or not and whether such activities are authorized by funeral attendees or not. It prohibits such activity whether the persons involved in the activities are visible to funeral participants or not and whether they are making any sound that funeral participants can hear or not. Thus, in addition to prohibiting intrusive activities, Section 5(1)(b), prohibits activity that would not interfere with a funeral and prohibits communications that are neither necessarily unwanted nor so obtrusive that they cannot be avoided by the funeral attendees....
The 300-foot zone would encompass public sidewalks and streets and would restrict private property owners' speech on their own property. The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants.
EEOC Sues Dentist Charging He Imposed Scientology On Employee
Court Says St. Louis U. Can Get Urban Renewal Funds Despite Its Religious Origins
Judge Mooney, concurring in the transfer of the case to the state's Supreme Court, wrote that he would not affirm the trial court's summary judgment. He believed that a trial was necessary to determine whether St. Louis University, despite its governing documents, is no longer in fact controlled by the Catholic creed.
Denver Pre-School Tuition Plan Opposed On Church-State Grounds
Preacher Sues Kentucky University For Access To Campus
Tuesday, October 03, 2006
Wisconsin State Employee Charity Campaign Cannot Exclude Religious Charities
Yesterday's Milwaukee Journal Sentinel says that the state will not appeal the ruling. It also points out that to qualify for inclusion in the Combined Campaign, religious charities will still have to demonstrate that they do not discriminate in the delivery of services.
Turkey's Justice Minister and President Fear Islamism
InterVarsity Christian Fellowship Sues University of Wisconsin For Recognition
Student's Religious Speech Right Upheld, But No Relief Granted
Student Joel Curry, largely inspired by his parents' suggestions, created candy cane ornaments from pipe cleaner as his product. He attached a card to the ornaments giving them a religious interpretation. While Joel received an "A" for his performance (a grade that the court described as a generous one for his parents' efforts), the school principal told Joel that he could not sell his product with the religious message attached. The court decided that this limitation improperly restricted the student's rights of expression (though not his free exercise rights). In reaching this conclusion, the court wrote:
The lessons Classroom City was designed to teach presumably included economics, marketing, civics, and entrepreneurialism. Standing alone, the candy canes with a religious card attached met those ostensible goals.... In fact, a religious theme might be viewed as filling a market niche. Joel would not be the first to discover the commercial allure that religion has brought to capitalism. It appears that he learned that lesson well by ascribing a religious -- albeit unoriginal and inaccurate -- aura to an historically secular object to enhance its marketability.
Churches, Politics, and Voters' Guides
New Jersey Supreme Court Will Hear RLUIPA Appeal
Cert. Denied In Challenge To California School's History Unit On Islam
Monday, October 02, 2006
Maryland Prison Policy On Religious Holidays Questioned
Senate Passes Bill To Protect Tithing In Chapter 13 Bankruptcies
Four Justices, Other Officials, At Sunday's Red Mass
Malawi Human Rights Commission Orders Buddha Statues Out Of Orphanage
Compromise On Chaplains In Defense Appropriations Act
The conferees direct that the Secretary of the Air Force rescind the policy and revised interim guidelines concerning the exercise of religion in the Air Force issued on February 9, 2006, and direct that the Secretary of the Air Force reinstate the policy that was set fort in Air Force directive 52-1 dated 1 July 1999. The conferees further direct that the Secretary of the Navy rescind Secretary of the Navy Instruction 1730.7C dated February 21, 2006, titled "Religious Ministry within the Department f the Navy" and direct that the Secretary of the Navy reinstate the policy that was set forth in the Secretary of the Navy Instruction 1730.7B dated October 12, 2000.The regulations that Congress ordered rescinded had been explicit in calling on chaplains to offer non-sectarian prayers when officiating at military events other than religious services. The earlier versions that are to be reinstated are less explicit on this issue. (Background on Navy policy. Background on Air Force policy.)
This is merely a temporary solution, however, to the debate over the extent to which military chaplains should be permitted to offer explicitly sectarian prayers at service-wide ceremonies with interfaith audiences. Those on both sides claimed that the compromise was a temporary victory. Jay Sekulow of the American Center for Law and Justice said:
On the other side, Mikey Weinstein, founder of the Military Religious Freedom Foundation said that keeping the House language out of the final bill was a victory.In a temporary victory, Congress rolled back those regulations that were causing the difficulty for the chaplains and reinstated earlier regulations that were more protective of the free exercise of religion. Congress also said that they will visit this issue fully in January when the new Congress returns. We anticipate major hearings on these issues.
Sunday, October 01, 2006
Does Yom Kippur Ceremony Violate Los Angeles Law?
"First Monday" Without Oral Arguments To Accommodate Yom Kippur
Some More Prisoner Free Exercise Cases
In Massingill v. Livingston, 2006 U.S. Dist. LEXIS 68249 (ED TX, Aug. 9, 2006), a Texas federal magistrate judge recommended rejection of free exercise and RLUIPA claims of a prisoner who was a member of the Israyl Identity faith. The prisoner challenged the application of the prison's grooming requirements to him, seeking to grow a beard and shoulder-length hair. He also wanted to be kept separate from inmates of other races, and to have his meals for Saturday delivered to him on Friday so that prison employees who serve him would not have to work for him on Saturday.
In Vega v. Lantz, 2006 U.S. Dist. LEXIS 69120 (D CT, Sept. 26, 2006), a Connecticut federal district court permitted claims by a Muslim prisoner to proceed against certain of the defendants. The plaintiff had charged denial of daily congregate prayer, of Jumah services when no Islamic chaplain is present, a lack of timely Ramadan prayers,, insufficient calories in the meals during Ramadan, inability to purchase Islamic items, no Halal meats, no inmate chaplains, denial of his request for circumcision, improper handling of the Quran, and discrimination.
In Hill v. Cruz, 2006 U.S. Dist. LEXIS 69094 (SD TX, Sept. 26, 2006), a Texas federal district court dismissed for lack of proof a Muslim prisoner's claim that processed American cheese containing pork enzymes is placed in non-pork food entrees at the prison.
In Jordan v. Carr, 2006 U.S. Dist. LEXIS 68753 (ND IA, Sept. 22, 2006), an Iowa federal district court rejected a jail inmate's claim that he should be allowed to attend both Christian and Muslim religious services.
In Jonas v. Schriro, 2006 U.S. Dist. LEXIS 69427 (D AZ, Sept. 25, 2006), an Arizona federal district court rejected First Amendment and RLUIPA claims by a Native American prisoner who complained that he was prohibited from engaging in pipe ceremonies, smudging, wearing of colored headbands, and using a sweat lodge.
Middle School Sued For Refusing To Let Student Read Bible
Competing Guides Issued For Catholic Voters
Reacting to the new voter guide issued by Catholics In Alliance, Catholic League president Bill Donohue is quoted by LifeSite News as saying: "[It] is a slick attempt to get the abortion albatross off the necks of Catholic Democrats, but it's a failed effort-the noose is still there."
Boston Islamic Society Can Go To Trial On Defamation and Conspiracy Claims
Court Holds RLUIPA Claims Covered By Four-Year Statute of Limitations
The Virginia district court's holding came in a case in which a Sunni Muslim prisoner alleged that for several years during Ramadan he was denied adequate food and nutrition and was denied the Eid Al Fitr meal and prayer service. The court found that a reasonable jury might conclude that receiving only 1000 daily calories would substantially pressure inmates to break their Ramadan fast. It also permitted plaintiff to move ahead with his claims that Eid Al Fitr meals were served and the feast's prayer services were held at the wrong times to meet religious requirements.
Saturday, September 30, 2006
Montana Church Loses Challenge To State Campaign Laws
UPDATE: Here is the full opinion in Canyon Ferry Road Baptist Church v. Higgins, (D MT, Sept. 26, 2006).