Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, June 24, 2006
Police Can Help Church Eject Trespassing Worshipper
The court held that the church autonomy doctrine precludes it from reviewing the church’s decision to shun, and then exclude, Ferreira, since the decision was based on the church’s interpretation of religious doctrines. It went on to hold that governmental enforcement of trespassing statutes did not violate Ferreira’s free exercise rights. The statute is a neutral law of general applicability that protects worshippers from disturbance of the peace and poses only an incidental burden on Ferreira’s exercise of religion.
The court also rejected Ferreira’s Establishment Clause claim—that the city had spent over $19,150 to keep him imprisoned for attempting to attend church services. The trespass laws were not enforced in a manner that favored any particular religion. Finally, the court also rejected Ferreira’s vagueness claims as well as his civil rights conspiracy claims under 42 USC Section 1985.
European Court Blocks Deportation To Iran For Flogging
Court Rejects Free Exercise Challenge To Migratory Bird and Eagle Protection Laws
As to the BGEPA, the court held that the government has shown that its regulations further the compelling interests of preserving bald and golden eagles, and preserving recognized federal Indian tribes. It also found that the government had used the least restrictive means to do so. To expand access, as Winddancer advocated, to any sincere adherent of a Native American religion, even if the person was not a member of a recognized tribe, would create serious Establishment Clause problems.
Recent Prisoner Free Exercise Cases
In Shilling v. Crawford, 2006 U.S. Dist. LEXIS 40845 (D. Nev., June 13, 2006), a Nevada federal district court permitted a Washington state prisoner who had been incarcerated for 18 months in Nevada to proceed against some of his named defendants in his claim that his free exercise and equal protection rights were infringed when he was denied kosher food. He alleged that the prison denied kosher food and other Judaic services to prisoners who were not born Jewish, while the prison accommodated religious dietary needs of other religious groups.
In Pinkston-El v. Snyder, 2006 U.S. Dist. LEXIS 41183 (SD Ill., March 28, 2006), an Illinois federal Magistrate Judge recommended that the First Amendment and Equal Protection claims of a prisoner challenging the Illinois Department of Corrections grooming policy be dismissed. Plaintiff, a member of the Moorish Science Temple wished to wear his hair in dreadlocks. Prison officials pointed to the problem that this posed in searching for possible contraband.
In Shawn K. Odneal TDCJ-CID #917382 v. Dretke, 2006 U.S. Dist. LEXIS 41536 (SD Tex., June 21, 2006), a Texas federal Magistrate Judge dismissed Free Exercise, RLUIPA and Equal Protection claims of a prisoner who claimed he was denied the opportunity to attend Native American religious ceremonies regularly because prison authorities failed to have enough chaplains and also refused, alternatively, to let him conduct the ceremonies himself with prison personnel present.
In Simon v. Miami County Incarceration Facility, 2006 U.S. Dist. LEXIS 41889 (SD Ohio, March 8, 2006), an Ohio federal Magistrate Judge held that a prisoner’s claims that equal religious services were not provided to various faiths should be dismissed for lack of evidence.
California City Heading Off 2006 "Christmas Wars"
Last year, with no policy in place, a city employee had barred The Jesus Christ Dancers-- a group of 8-to 12-year-old girls who perform to Christian-themed music-- from performing at the Festival. The American Family Association had sued the city over the incident in a case that is still pending in federal court. The new policy does not apply to activities outside of the Recreation Department-sponsored Festival, such as the mayor's Christmas tree lighting ceremony and the Downtown Business Association's Yule parade.
Valedictorian Will Sue Nevada School Officials
Meanwhile, another incident reported in the Colorado Springs, Colorado Gazette earlier this month suggests that students are beginning to plan to mislead school officials about what they will say at graduation. High schooler Erica Corder departed from the draft of her graduation speech that she had submitted to the principal in order to sound a religious theme that she feared would otherwise have been banned. At the Colorado Springs High School ceremony, 15 students co-wrote a speech and each delivered 30-seconds of it. Erica Corder's surprise 30 seconds included the following: "We are all capable of standing firm and expressing our own beliefs, which is why I need to tell you about someone who loves you more than you could ever imagine. He died for you on a cross over 2,000 years ago, yet was resurrected and is living today in Heaven. His name is Jesus Christ. If you don't already know Him personally, I encourage you to find out more about the sacrifice He made for you, so that you now have the opportunity to live in eternity with Him." The school's principal has told Corder to send an e-mail to parents to explain herself and acknowledge the school was not involved.
Friday, June 23, 2006
Christian-Themed Film Gets "PG" Rating; Controversy Erupts
The Motion Picture Association of America (MPAA) is now warning parents of movies which contain a reference to the Christian faith, equating Christianity as being on the same level of sex, violence and profanity when it comes to objectionable material.However, yesterday CTV.ca reported that after receiving 15,000 e-mails, MPAA said that the main reason for the PG rating was mature themes in the film, and its religious message is not the primary issue.
The MPAA is controlled by Hollywood moguls known for their bitter opposition to Christianity.
A new family film featuring miracles and a pro-God theme has earned the PG rating because it would offend non-believers. The MPAA refuses to give movies which promote the homosexual lifestyle a similar warning. In other words, MPAA warns parents if a movie has Christianity presented in a positive manner but refuses to warn them if homosexuality is presented in a positive manner.
Facing the Giants is the story of a Christian high school football coach who uses his undying faith to battle the giants of fear and failure. Due to the Christian content, the MPAA rated it PG, placing it in the same offensive category as sex, violence and profanity.
New York Challenges "Christian Skate Time" As Discriminatory
North Korea Criticizes US For Restricting Religious Freedom
Florida Officially Adopts "In God We Trust" As Motto
Japan's Supreme Court Rejects Challenge To Prime Minister's Shrine Visits
UPDATE: The Japan Times reported on June 24 that court dismissed the case on the ground that Koizumi's visits to the shrine in no way interfered with the plaintiffs' religious faith. The court avoided deciding whether Koizumi's visits were official or private.
Supreme Court Takes Expansive View Of Anti-Retaliation Provisions Of Title VII
The Court said that "petty slights, minor annoyances and simple lack of good manners" do not amount to retaliation: "A supervisor’s refusal to invite an employee to lunch is normally trivial, a nonactionable petty slight. But to retaliate by excluding an employee from a weekly training lunch that contributes significantly to the employee’s professional advancement might well deter a reasonable employee from complaining about discrimination."
Justice Alito concurred in the result of the case, but took a narrower view of the standard for retaliation than the other justices articulated. Today's New York Times reports on the decision.
House Hearings On "Public Expression Of Religion Act"
Supreme Court, In Religion Case, Interprets Prisoner Litigation Requirements Strictly
42 USC 1997e(a) requires a prisoner to exhaust "such administrative remedies as are available" before bringing suit in federal court. The majority, in an opinion written by Justice Alito, held that this means that a prisoner who has missed a deadline for filing an administrative remedy is precluded from suing in federal court. Otherwise, they said, a prisoner could ignore the prison's internal grievance system. Chief Justice Roberts and Justices Scalia, Kennedy and Thomas joined the opinion. Justice Breyer wrote a concurring opinion generally agreeing, but saying that the exhaustion principle has some exceptions.
The dissent, written by Justice Stevens, and joined by Justices Souter and Ginsburg, said that all Congress meant was that the prisoner's grievance had to be turned down administratively before he sues. An administrative denial of a prisoner's claim because he failed to comply with some procedural deadline meets the exhaustion requirement and should allow the prisoner to proceed to federal court to vindicate his constitutional rights. The dissenters said that prisoners have little incentive to purposely evade using the prison's internal grievance system before filing suit.
Thursday, June 22, 2006
New Jersey Court Refuses To Enforce Islamic Marriage Contract Provision
UPDATE: The case is Attia v. Amin (20-4-4287, Chancery Div., Essex County). Apparently the court's refusal to enforce the agreement stemmed from its conclusion that the amount of the payment was unfair and inequitable. Also important to the court was its finding that the agreement had been signed by the husband under duress, out of fear that if he did not do so the marriage would not take place and he would be deported. [From Daily Decision Alert forwarded by Steven Sholk, from Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.]
Indian Court Reverses Ban On Da Vinci Code
10th Circuit Issues Slightly Revised Opinion In Land Use Case
Court Upholds Secret Service Seizure Of Gospel Tracts That Look Like Currency
Religion News Service reports that on Tuesday a federal district court in Dallas, Texas denied a preliminary injunction to the Great News Network in its dispute with the U.S. Secret Service. The evangelical ministry based in Denton, Texas has been handing out gospel tracts that resemble $1 million bills. The tracts, that are the same size as a dollar bill, feature feature "1,000,000," a picture of President Grover Cleveland and, in small type, the words "This is Not Legal Tender" and "Department of Eternal Affairs." On the back, around the edge, the tract says: "The million-dollar question: Will you go to heaven?" The United States does not issue a $1 million bill.
Secret Service agents seized the tracts earlier this month after a North Carolina resident tried to deposit one in his personal bank account. (GNN release.) Great News Network argued to the court that the seizure violated its freedom of speech, press and religion. Brian Fahling, senior trial attorney with the American Family Association Center for Law & Policy, said that millions of the tracts have been distributed by Great News Network and others who have ordered them from Living Waters Publications, based in Bellflower, Calif.
Mt. Soledad Appeal Rejected By 9th Circuit
UPDATE: Apparently the 9th Circuit's action was a refusal to grant a stay of the district court's order during the appeal of the case. At the same time, the 9th Circuit scheduled oral argument in the case for the week of October 16, 2006, long after the district court's deadline for removing the cross. (Release by Thomas More Law Center.)
UPDATE 2: The city of San Diego announced on Thursday that it will ask the U.S. Supreme Court to review the 9th Circuit's decision. (AP report.)
Appellate Arguments In Satmar Dispute Heard
Religious Objections To Union Membership Interpreted By Washington AG
Wednesday, June 21, 2006
Molestation Conviction Reversed For Excessive Focus On Victim's Religious Beliefs
Throughout the trial, the prosecution made extensive remarks about the victim's spiritual commitment, faithful church attendance and missionary activities. In his closing statement to the jury, the prosecutor suggested that a person as religious as the victim would not lie and risk burning in Hell for doing so. The Supreme Court found the trial judge committed plain error and the prosecutor acted improperly in ignoring West Virginia Rule of Evidence 610 which provides: "Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced."
Justice Maynard dissenting said that Bolen's counsel never objected at trial to the state's references toBolen'ss religion. Today's Charleston (W. Va.) Daily Mail reports on the decision.
Religious Coalition Formed To Oppose US Use Of Torture
3rd Circuit Grants Rehearing In Title VII "Ministerial Exception" Case
Two Prisoner Free Exercise Cases Dismissed
In Berberich v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 40180 (ED Mich., May 30, 2006), a Michigan federal district court dismissed on res judicata grounds a federal inmate's claim that authorities burdened his free exercise of religion by refusing to permit him to possess wooden rune staves. Plaintiff had already lost a case making the same claim against the Federal Bureau of Prisons in a South Dakota federal court.
Scottish University Recognizes Student Wiccan Group
Last-Minute Problems In Adoption of New Red Cross Symbol So Israel Can Join
Behind this announcement lay a long history of political disputes within the International Red Cross. When the state of Israel was formed, it did not feel it appropriate to adopt a cross or crescent for its humanitarian organization. So instead it adopted a red star of David as the symbol for its equivalent group, the Magen David Adom (MDA). This became an excuse for Arab countries to exclude Israel from membership in the International Committee of the Red Cross, arguing that there is a risk of confusion in the proliferation of symbols by ICRC organizations. Nevertheless, the MDA, which has particular expertise in disaster relief, has cooperated closely with the IRC since the 1990's. Under pressure from the American Red Cross which has withheld millions of dollars in dues to protest MDA's exclusion, in 2005 a compromise was reached. By a vote of 98-27 with 10 abstentions, the Red Cross Movement voted to create a new third neutral symbol- the red crystal.
The Red Crystal will actually serve two purposes. It will be able to be used alone in countries where use of a religious symbol is problematic. But it will also be able to be used by national Red Cross organizations that can place their own symbol inside the diamond shaped red crystal. So MDA will be able to use the crystal with the star of David inside as its internationally recognized symbol.
The final step in approving all of this, which was supposed to be pro forma, is the vote at the International Conference of the Red Cross and Red Crescent being held in Geneva yesterday and today. A 2/3 vote of approval is needed. At the last minute, a new problem occurred. Pakistan and Tunisia have insisted on adding language that would effectively condemn Israel's occupation of the West Bank. Conference organizers had hoped that they had a compromise that would avoid this kind of dispute. The group was planning to admit the Palestinian Red Crescent as a member at the same time they adopted the new symbol. But now the prospects for all of this remain uncertain. These developments are covered in stories yesterday and today by the Washington Times, the Gulf Times, and SwissInfo.
UPDATE: U.N. Watch says that as of 4 pm Wednesday afternoon in Geneva, Islamic countries at the ICRC Conference have rejected attempts at compromise, to the dismay of ICRC President Dr. Jakob Kellenberger.
Tuesday, June 20, 2006
Louisiana Gives Up On Redrafting Of Ten Commandments
Wal Mart Brings Jewish Population To Bible Belt County
Israeli Chief Justice Criticizes Lack Of Civil Marriage Option
UN Human Rights Council Holds Inaugural Session
Judge Denies Group's Petition To Intervene In Mt. Soledad Cross Case
China Arrests Pastor For Printing Bibles
Monday, June 19, 2006
ADF Trying To Shape Foreign Law, In Case US Courts Cite It
Organization Pushes For End To Death Penalty In Muslim Countries
IRS Checking On Non-Profit Hospitals
Newly Available Scholarly Articles
Ian Ward, Headscarf Stories, 29 Hastings International & Comparative Law Review, 315-341 (2006).
From SSRN:
Melynda Price, God's Will or Linked Fate: Race and Religion in African American Views of the Death Penalty (A Qualitative and Quantitative Approach) (2006).
Tomorrow Religious Freedom Day On Capitol Hill
UPDATE: Here is more on the conference from Sen. Santorum.
Sunday, June 18, 2006
Da Vinci Censorship By American Samoa Would Be Unconstitutional
Role Of Islam In Constitution For Kurdish Iraq Debated
New U.S. Muslim Seminary Seeks To Train Moderate American Clergy
South African Equality Court Upholds Anti-Semitism Complaint
Blasphemy Defendant In Pakistan Murdered Outside Court House
Meanwhile, Gopang's younger brother has also been arrested for hurling a brick at Maulana Abdul Rasheed, the complainant in the blasphemy case, and Rasheed has been taken into protective custody.
South Carolina Released Time Credit Act Becomes Law
The State reports that now released time groups are quickly moving to get more high schools to approve their programs.Whereas, the South Carolina General Assembly finds that: ...The free exercise of religion is important to the intellectual, moral, civic, and ethical development of students in South Carolina, and that any such exercise must be conducted in a constitutionally appropriate manner.
Be it enacted by the General Assembly of the State of South Carolina: Section 59-39-112. (A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction ... if:
(1) ... the released time classes ... are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes.... and
(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.
(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to ... (1) number of hours of classroom instruction time; (2) review of the course syllabus ...; (3) methods of assessment used in the course; and (4) whether the course was taught by a certified teacher.
Saturday, June 17, 2006
Funding Of Hunger Program OK'd With Disclaimer
New York Governor Signs Law On Swastikas, Burning Crosses
Las Vegas School Cuts Mike On Valedictorian
Administrators had earlier reviewed Brittany McComb’s speech and cut out six references to God or Christ, two biblical references, and a detailed reference to Christ’s crucifixion. The high school’s policy does not permit the school to censor religious references by speakers who have been chosen "on the basis of genuinely neutral, evenhanded criteria'. However, school district lawyer Bill Hoffman said that while the regulation allows students to talk about religion, they cannot cross over into the realm of preaching or proselytizing. School officials said that permitting McComb to continue would have amounted to school sponsored proselytizing. McComb responded: "People aren't stupid and they know we have freedom of speech and the district wasn't advocating my ideas. Those are my opinions. It's what I believe.'
Preliminary Injunction In Church Challenge To Rec Area Fees
Jewish School Fits Unemployment Tax Exemption
Japanese Lawmakers Urge Secular Shrine For War Dead
Racketeering Claim Filed Against Philadelphia Archdiocese
Friday, June 16, 2006
Former Waqf Leader Breaks With Muslim Views On Historicity Of Jewish Temples
Singapore Police Investigate Jesus Cartoons On Website
Spokane Diocese Wins Appeal In Bankruptcy Case
Arapaho Tribal Courts Ignored On Sun Dance
The Indian Civil Rights Act, enacted by Congress in 1968, requires that Indian tribes exercising their rights of self government abide by most of the provisions of the Constitution's bill of rights. The Act prohibits tribes from making or enforcing any law that prohibits the free exercise of religion. It does not impose establishment clause constraints on tribes.
Suit Filed In Pakistan Over Destruction Of Hindu Temple
EEOC Faces Large Budget Cut
Wisconsin Gets Faith-Based Office
Finland Debates Unsolicited Religious Mailings
Thursday, June 15, 2006
Accommodating Muslim High Schoolers In Seattle
Court Permits Religious Profiling In Immigration Enforcement
However on a broader equal protection issue, the court seemed to hold that it is permissible for the government to engage in religious (as well as racial) profiling in its enforcement of the immigration laws. Relying on language from a 1999 U.S. Supreme Court case, Reno v. American-Arab Anti-Discrimination Committee, the judge wrote:
This is, of course, an extraordinarily rough and overbroad sort of distinction of which, if applied to citizens, our courts would be highly suspicious. Yet the Supreme Court has repeatedly held that the political branches, "[i]n the exercise of [their] broad power over naturalization and immigration ... regularly make[] rules that would be unacceptable if applied to citizens." Mathews v. Diaz, 426 U.S. 67, 79-80 (1976);....Today's New York Times reports on the decision, quoting Georgetown law professor David Cole's take on the decision: "What this decision says is the next time there is a terror attack, the government is free to round up every Muslim immigrant in the U.S. based solely on their ethnic and religious identity, and hold them on immigration pretexts for as long as it desires."[Thanks to How Appealing for the case link.]Similarly, I do not believe the plaintiffs’ claims of selective enforcement on the basis of their race and religion provide any cause to depart from the general rule laid out in AADC. In the investigation into the September 11 attacks, the government learned that the attacks had been carried out at the direction of Osama bin Laden, leader of al Queda, a fundamentalist Islamist group; some of the hijackers were in violation of the terms of their visas at the time of the attacks. In the immediate aftermath of these events, when the government had only the barest of information about the hijackers to aid its efforts to prevent further terrorist attacks, it determined to subject to greater scrutiny aliens who shared characteristics with the hijackers, such as violating their visas and national origin and/or religion. Investigating these aliens’ backgrounds prolonged their detention, delaying the date when they would be removed.
As a tool fashioned by the executive branch to ferret out information to prevent additional terrorist attacks, this approach may have been crude, but it was not so irrational or outrageous as to warrant judicial intrusion into an area in which courts have little experience and less expertise.
Illinois Village And Church Spar Over Building Requirements
The Associated Press report on the controversy earlier this week had a somewhat different slant. It quotes village officials as saying that there has been a long series of attempts by Cornerstone Community Church to get around the village's permit requirements.
Secretary Rice Talks About Religious Faith and Freedom
UPDATE: Here is another interview with Secretary Rice on similar topics, this time with the editor of SBC Life.
California Supreme Court Will Review Doctors' Religious Defense
Egypt To Ban Both Da Vinci Code Film And Book
Wednesday, June 14, 2006
US Muslim Women Seek Religious Accommodations
Bolivian Constitutional Rewrite Focuses On State Religion Issue
Temporary Injunction Saves Church Services In School Gym
Ugandan Police Arrest Muslim Groom After Marriage To Hindu Bride
Recent Developments In Religious Land Use Cases
In Boulder County, Colorado, Rocky Mountain Christian Church is seeking permission for a 15 to 20 year construction plan that would add an education building, a multipurpose chapel building, a gymnasium, a connecting gallery, and about 500 parking spaces. Yesterday's Longmont (CO) Daily Times-Call reported that the U.S. Justice Department has now entered the pending litigation in which Boulder County is challenging the constitutionality of RLUIPA's land use provisions.
The Orange County (CA) Register today reports that in Huntington Beach, California, lawyers for the city and Praise Christian Center are negotiating in a final attempt to settle a lawsuit, now on appeal, in which the church charges that the city violated RLUIPA in 2003 when it required the church to make various changes to a warehouse before using it a a church. These included a sprinkler system, soundproofing, and relocation of 3 parking spaces. The city prevailed at trial, but Praise Christian Center is appealing because the court refused to hear expert testimony on other situations in which the city did not require businesses to make like changes.
In Bedminster Township, New Jersey, under the prodding of a federal judge, the township is attempting to reach a settlement with Church of the Hills that has filed a RLUIPA suit because the township zoning board denied it a crucial variance it needs to proceed with its plans to quadruple the size of its facilities. Last fall, the U.S. Department of Justice filed a brief supporting the church. Yesterday, the Bernardsville News reported that the church has agreed to scale back its plans, and the township may now have more incentive to settle because its insurance carrier is no longer supporting its defense.
Finally, in Washington state, the Seattle Times reports today that a state court of appeals is being asked to grant an emergency stay of the order obtained by the city of Woodinville evicting 60 residents of Tent City 4. The tent city, sponsored by SHARE/WHEEL (a non-profit homeless advocacy group), is being hosted by Northshore United Church of Christ. One of the arguments on appeal is that the city's land-use code unconstitutionally infringes the church's right to religious expression. The city claims that Tent City 4 promoters did not follow proper permit procedures. In November, a RLUIPA claim was filed to challenge another Seattle suburb's regulation of a Tent City 4 encampment. (See prior posting.)
Tuesday, June 13, 2006
British Religious Groups Urge Enforcement Of School Prayer Requirements
9th Circuit Permits Religious Health Care Providers To Intervene In Weldon Amendment Challenge
Today's Sacramento dBusiness News reports on a statement issued by the Alliance of Catholic Health Care praising the court's decision.
Alaska Tax Exemption Challenged As Favoring One Religion
Baltimore Funding of Faith-Based Hunger Program Opposed
Newdow Loses "In God We Trust" Challenge; Pledge Case Still Pending
In passing on the merits, the court held that it was bound by a 1970 Ninth Circuit decision (Aronow v. United States, 432 F.2d 242 [LEXIS Link]). Relying on that, the court rejected Newdow's Establishment Clause claim, finding that the motto has no theological or ritual impact, but rather merely has spiritual, psychological and inspirational value. The court similarly rejected Newdow's Free Exercise and RFRA claim that his right to exercise his Atheistic beliefs has been burdened by the government's endorsement of monotheism. It said that "In God We Trust" is a secular motto. It also rejected Newdow's attempt to rely on a 1977 Supreme Court decision striking down a New Hampshire requirement that auto owners display license plates with the motto "Live Free or Die".
Meanwhile Michael Newdow has another important case pending before the 9th Circuit-- a challenge to the inclusion of "under God" in the Pledge of Allegiance. (See prior posting.) Howard J. Bashman has an interesting article in Law.com yesterday discussing the technical question of whether the panel of 9th Circuit judges who hear this appeal will be bound by a prior 9th Circuit decision that found the Pledge's use of "under God" to be unconstitutional. That decision was reversed by the U.S. Supreme Court on the ground that Newdow lacked standing. Bashman argues that this had the effect of erasing the 9th Circuit's prior determination on the merits, even though the district court in the case now on appeal upheld Newdow's claim on the ground that it was sill bound by the 9th Circuit determination. If the Supreme Court's dismissal on standing grounds did not wipe out the 9th Circuit's substantive holding, the current 3-judge panel is also bound by the holding of the earlier 3-judge panel.
Monday, June 12, 2006
Will Britain Require Clergy To Bless Gays and Give Them Communion?
In fact it seems unlikely that the final regulations will be this broad. Here is what the March 2006 Consultation Paper said about the issue:
Churches, mosques and many other religious organisations advance their faith or belief through activities such as worship, teaching and preaching, officiating in marriage, conducting baptisms and giving sacraments to members of their religious community. We recognise that there may be circumstances where the new regulations could impact on aspects of religious activity or practice in the light of the doctrines of some faiths concerning sexual orientation and the beliefs of their followers. We need to consider therefore the application of the regulations in these areas.
We are interested to hear views on the impact that the regulations may have in these areas, particularly where the regulations may impede religious observance or practices that arise from the basic doctrines of a faith. Any exceptions from the regulations for religious organisations would need to be clearly defined and our starting point is that these should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith.
Fallaci Trial On Defaming Islam Begins Today In Italy
A La Carte Cable Proposal Splits Evangelicals From Christian Broadcasters
Recent Law Review Articles
Anthony R. Benedetto, The Impact on "The Vanishing Trial" If People of Faith Were Faithful To Religious Principles of Settling Disputes Without Litigation, 6 Pepperdine Dispute Resolution Law Journal 253-278 (2006).
Jenna Blackwell, The Role of Religion In Child Custody Disputes, 5 Appalachian Journal of Law 17-33 (2006).
Toni M. Massaro, Religious Freedom and "Accommodationist Neutrality": A Non-neutral Critique, 84 Oregon Law Review 935-1000 (2005).
Shelley Ross Saxer, Government and Religion As Landlord and Tenant, 58 Rutgers Law Review 409-450 (2006).
David Hollander, Jewish Law For the Law Librarian, 98 Law Library Journal 219-252 (2006).