Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, November 02, 2009
Israel's Transportation Ministry Reports To High Court on Sex-Segregated Buses
Recent Articles of Interest
From SSRN:
- Jeremy J. Patrick, Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions, (October 29, 2009).
- Liav Orgad & Ted Ruthizer, Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case, (Constitutional Commentary, Forthcoming).
- Ruthann Robson, Compulsory Matrimony, (Feminist and Queer Legal Theory, pp. 315-328, Ashgate 2009).
From SmartCILP and elsewhere:
- Steve Sheppard, What Oaths Meant To the Framers' Generation: A Preliminary Sketch, 2009 Cardozo Law Review de novo 273.
- Shirin Ebadi, Keynote Address: Islam, Human Rights, and Iran, 23 Emory International Law Review 13-24 (2009).
- L. Bennett Graham, Defamation of Religions: The End of Pluralism?, 23 Emory International Law Review 69-84 (2009).
- Russell Powell, Theology In Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, 15 Washington & Lee Journal of Civil Rights & Social Justice 327-404 (2009).
Recent Prisoner Free Exercise Cases
In Kanda v. Walker, 2009 U.S. Dist. LEXIS 98938 (ED CA, Oct. 23, 2009), a California federal magistrate judge recommended that a preliminary injunction be granted ordering prison officials to furnish a Hindu prisoner with a diet that meets his religious requirements-- a diet that includes only vegetables, fruits and fish.
In Uhuru v. Hart, 2009 U.S. Dist. LEXIS 100267 (CD CA, Sept. 24, 2009), a California federal magistrate judge recommended rejecting the complaint by a prisoner (who attends both Jewish and Muslim activities) that occasionally he was not permitted to wear a head covering.
In Rice v. Curry, 2009 U.S. Dist. LEXIS 100443 (ND CA, Oct. 14, 2009), a California federal district court permitted an inmate who was a practicing Ansare EL Mohammed Muslim to move ahead with his claim that he was denied access to the prison chapel to conduct classes and group worship consistent with his movement in Islam, and that prison officials refused to serve him a pre-dawn "suhoor" meal during the month of Ramadan.
In Dempsey v. Ahern, 2009 U.S. Dist. LEXIS 100520 (ND CA, Oct. 14, 2009), a California federal district court held that an inmate could move forward with his claim that his 1st and 8th Amendment rights were violated when the Santa Rita Jail failed to accommodate the religious diet needs of inmates such as himself. He alleged that a 26-day denial violated his religious and nutritional needs.
Last Friday's Omaha World-Herald reported that a Nebraska trial court judge has given a prisoner permission to change his name from Billy Joe McDonald to his "witch" name, Hayden Autumn Blackthorne. McDonald, who is serving a sentence for sexual assault of a teenage girl, asserted in his petition for a name change that he is "a lifetime member of Witch School," a "recognized Wiccan Priest" and has "successfully completed Correllian Wicca — First Degree."
Sunday, November 01, 2009
Court Rejects Constitutional Challenges To Marijuana Possession Charges
Students Organize Football Game Prayers To Avoid Ban On School Doing So
Washington State Adopts Final Rules On Displays and Gatherings At Capitol
The new rules (full text) allow gatherings, including free speech activities, of up to 25 people inside the Capitol building or up to 75 outside without a permit. For larger groups, a permit is required. Only hand-held banners and signs are permitted inside the Capitol during these events. For events outside on the Capitol grounds, temporary signs, exhibits or displays can be placed on the grounds during the activity, but must then be removed. The state has also published a 113-page "Concise Explanatory Statement" summarizing of all the comments received on the new rules when they were issued in proposed form, and an explanation of the differences between the proposed and final rule.
First Women Appointed To Shariah Courts In Palestinian Authority
James Dobson Will Step Down As Radio Host For Focus On Family
Saturday, October 31, 2009
NY Condo Settles Complaint That It Restricted Placing Mezuzahs On Doors
Priest's Claims of Abuse and Retaliation From Fellow-Priests Dismissed
9th Circuit Denies En Banc Rehearing On Washington State Pharmacy Board Regs
State Department Helps Bring Threatened Yemeni Jews To U.S.
Friday, October 30, 2009
Halloween Creates Church-State Puzzle For Some Schools
Last month, Guam Department of Education legal counsel Fred Nishihira sent out a routine annual notice to principals telling them that they must remain neutral in their treatment of religion. The memo allowed him to provide the required annual certification to the U.S. Department of Education that Guam schools are complying with the separation of church and state. Nishihira's memo created uncertainty for C.L. Taitano principal Corina Paulino as to whether a Halloween celebration would be permissible. So, out of an abundance of caution, she scheduled the book character costume parade instead. Nishihira said that when he sent out the religious neutrality memo, the question of Halloween had not occurred to him.
Protester Sues Nashville's Scientology Centre For Injuries
Two Courts Around the World Rule On Conscientious Objector Claims
Meanwhile, according to Ekklesia, last week Colombia's Supreme Court held that all citizens have the right to opt out of military service on religious, moral or philosophical grounds. Previously only men studying to be Catholic priests were entitled to an exemption on religious grounds.
Malaysia Seizes Bibles That Translate "God" As "Allah"
House Democrats' Health Care Bill Does Not Mandate Coverage For Spiritual Healing
Al Arabiya Charged With Blasphemy In Saudi Court
Jury Agrees Bible Reading Dispute Was Merely A Misunderstanding
Chabad Gets Default Judgment Against Russia In Suit Over Book Collections
Thursday, October 29, 2009
Claims Against Archdiocese In Abuse Cases Do Not Violate First Amendment
7th Circuit: Village Can Exclude Churches From Commerical District Under RLUIPA
Radical Group Seeking To Create Sharia State In U.S. Arrested In Michigan; Leader Killed
President Signs New Hate Crimes Law As Part of Defense Authorization Act
through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation.... And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.WorldNet Daily reported on statements by a number of conservative Christian groups criticizing the new law.
Court Finds No Standing To Challenge Embryonic Stem Cell Research Funding
Suit Challenges School Policy On Distribution of Flyers
A school district policy states that while "materials that have a religious content may be distributed during 'non-instructional' time," the "board reserves the right to refuse distribution of any material by outside individuals or groups to the students of the district."
In June, a Christian student at Patterson Elementary School attempted to distribute fliers inviting his classmates and friends to the Youth Summer Camp at Cornerstone Church. Fliers were placed in individually sealed envelopes, which also contained a letter describing the Youth Summer Camp.
After the student began placing the flier envelopes in cubbyholes where other fliers are placed, a teacher ordered him to stop distributing the fliers, saying that anything that comes from a church cannot be distributed at school.
The teacher removed the fliers and told the student to place them in his backpack. The principal informed the student’s mother that because of the so-called "separation of church and state," religious materials could not be distributed at schools. Further attempts to negotiate with officials were unsuccessful.
Cert. Filed In Oklahoma 10 Commandments Case
UPDATE: The brief in opposition to the granting of cert (full text) was filed on Jan. 11, 2010 by the ACLU which represents respondents.
Court Upholds Modified Conditional Use Permit For Jewish School
Wednesday, October 28, 2009
Two Arrested In Plot to Attack Danish Paper That Published Muhammad Cartoons
2nd Circuit Dismisses Civil Rights Claims Against Airport Customs Personnel
Signature Campaign Begins On California Anti-Divorce Amendment [Updated]
According to Huffington Post last month, the proponent, John Marcotte, introduced the amendment to mock the proponents of Proposition 8 who focused on protecting traditional marriage as a reason to oppose same-sex marriage. Last month, Cockeyed.com published an interview with Marcotte. Here is one exchange that gives the flavor of his remarks:
RC: well, this is a bold step. Do you think you face a strong opposition?
John: The opposition will always be there. The secular progressives, gays and MSNBC hosts -- but we beat them once with Prop 8 and we'll beat them again. If people are thinking about getting a divorce, just remember "Hell is eternal, just like your marriage was supposed to be." Jesus still loves you if you get divorced, just not as much as before.
Thanks to Not a Potted Plant and a commenter for correcting my initial incorrect interpretation of the proposal as as one that was meant to be serious in its approach. I guess it was a bad morning for my sense of humor that usually has a better compass than today.
Kuwait High Court Rejects Challenge To Election of Women MPs Who Refuse To Wear Hijab
Georgia Episcopal Diocese Wins Title To Property of Historic Savannah Church
2nd Circuit Dismisses Long-Running Lawsuit On Kindergartener's Religious Poster
eBay Bans Auction Intended To Support Accused Killer of Abortion Doctor
However the Cleveland Plain Dealer reported yesterday that eBay says the planned auction violates its policy against material that encourages illegal activity or promotes violence toward others. eBay says it will remove the items if they are posted for sale. Tiller's attorney wrote eBay arguing that any proceeds from the auction would come under Kansas' "Son of Sam" law that keeps those charged with crimes from profiting from their activities. Proceeds would instead go to the Kansas Crime Victims Compensation Board. Regina Dinwiddie, a Roeder supporter, complained that eBay is chilling their First Amendment rights.
11th Circuit: Challenge By Christian Group to University of Florida Rules Is Moot
After oral arguments in the 11th Circuit, the University announced that it had changed its policy on recognition of student groups. It now allows religious organizations-- such as BYX-- to limit membership or leadership positions to students who share the religious beliefs of the organization. Over the objections of BYX, the court concluded that no live controversy remained. The Gainesville (FL) Sun reports on the decision.
Court Says New Hampshire Town's Zoning Refusal Violates RLUIPA
Tuesday, October 27, 2009
French Court Convicts Scientology and Its French Leaders of Fraud
US Enjoined Temporarily From Moving On Terrorist Designation for Muslim Charity
Both Sides Appeal Suit Against History Teacher For Anti-Religious Remarks
First Nativity Scene Lawsuit of the 2009 Season Is Filed
A press release from the Thomas More Law Center, announcing the filing of the lawsuit, quotes the Center's president, Richard Thompson, who said:
Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase 'separation of church and state,' — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday.... However, the grand purpose of our Founding Fathers and the First Amendment was to protect religion, not eliminate it.... [S]ystematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution.
Malta Court Interprets Ban On Vilifying Catholic Church
The mere fact of dressing up as nun, even if for carnival, but without wearing any religious symbol, cannot reasonably be considered as amounting to public vilification of the Roman Catholic Religion, or of those belonging to such religion, or of its ministers, or of anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship. However, if the wearing of such a habit were accompanied with such circumstances of fact, words or gestures which objectively amount to vilification, then there would be an offence in terms of article 163.Here is the full text of the decision in Maltese.
High School Football Fans Fill Stands With Biblical Verses
State Department Releases 2009 Report On International Religious Freedom
The President has emphasized that faith should bring us together, and this year's report has a special focus on efforts to promote interfaith dialogue and tolerance..... I obviously believe that our country has been strengthened by its long tradition of religious pluralism. From the largest denominations to the very smallest congregations, American religious bodies and faith-based organizations have helped to create a more just and compassionate society. Now, some claim that the best way to protect the freedom of religion is to implement so-called anti-defamation policies that would restrict freedom of expression and the freedom of religion. I strongly disagree. The United States will always seek to counter negative stereotypes of individuals based on their religion and will stand against discrimination and persecution.....After Secretary Clinton's remarks, Assistant Secretary of State Michael S. Posner answered extensive questions from the press (full text of press conference). Posner clarified that information in the report being released would be used over the next few months to make judgments on which countries should remain on, be taken off or be added to the list of "countries of particular concern"(CPC) -- those with particularly problematic religious freedom records. This report did not make those designations.
Based on our own experience, we are convinced that the best antidote to intolerance is not the defamation of religion’s approach of banning and punishing offensive speech, but rather, a combination of robust legal protections against discrimination and hate crimes, proactive government outreach to minority religious groups, and the vigorous defense of both freedom of religion and expression.
The U.S. Helsinki Commission issued a release praising the State Department's report. The U.S. Commission on International Religious Freedom was more critical, issuing a statement urging the Obama administration to take stronger steps than it has so far. USCIRF Chairman Leonard Leo said: "Both Democratic and Republican administrations have underutilized the 'country of particular concern' designation." He emphasized differences between USCIRF and the State Department, and called for stronger action than in the past against Saudi Arabia, Pakistan and Vietnam.
The Washington-based Institute for Religion & Public Policy issued a release that applauded Secretary Clinton's statements but strongly criticized the Obama Administration for not yet appointing an Ambassador at Large for International Religious Freedom. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]
Monday, October 26, 2009
Furor In Britain Following BBC Appearance of BNP Party Leader
Demonstrations In Kabul In Reaction To Rumor Over Desecration of Quran
Recent Prisoner Free Excercise Cases
In Joseph v. Fischer, 2009 U.S. Dist. LEXIS 96952 (SD NY, Oct. 8, 2009), a New York federal dstrict court held that personal involvement of a defendant in the alleged substantial burden of plaintiff's exercise of religion is a prerequisite to stating a claim under RLUIPA, and that an official's denial of a grievance alleging a constitutional deprivation, without more, does not amount to personal involvement. Plaintiff's grievance concerned seizure of his religious material.
In Turner-Bey v. Indiana Department of Corrections, 2009 U.S. Dist. LEXIS 97219 (ND IN, Oct. 10, 2009), an Indiana federal district judge held that a Muslim inmate's free exercise rights were not violated by a single incident of authorities inadvertently including pork ham on the Halal diet trays.
In Menefield v. Cate, 2009 U.S. Dist. LEXIS 96447 (ED CA, Oct. 5, 2009), a California federal district judge issued a preliminary injunction requiring prison authorities to give a Muslim prisoner access to the prison's kosher diet pending the state's decision on implementing a Halal alternative.
Recent Articles and Books Of Interest
- Victor C. Romero, Of Hope and Humility: Christian Realism, Immigration Reform and Executive Leadership, (Penn State Legal Studies Research Paper No. 17-2009, Oct. 23, 2009).
- Ira C. Lupu & Robert W. Tuttle, Same-Sex Family Equality and Religious Freedom, (Northwestern Journal of Law and Social Policy, Forthcoming).
- Eric G. Andersen, Religion and Social Welfare in the United States: The Case of Charitable Choice, (The Review of Faith & International Affairs, Vol. 7, No. 3, 2009).
From SmartCILP and elsewhere:
- Barbara Shapiro, Changing Language, Unchanging Standard: From 'Satisfied Conscience' to 'Moral Certainty' and Beyond 'Reasonable Doubt', 17 Cardozo Journal of International & Comparative Law 261-279 (2009).
- Barbara E. Wall, Ethical Considerations for a New Jurisprudence: A Catholic Social Thought Perspective, 11 Barry Law Review 77-93 (2008).
- Samuel W. Calhoun, Getting the Framers Wrong: A Response to Professor Geoffrey Stone, 57 UCLA Law Review Discourse 1 (2009).
- Geoffrey R. Stone, The Perils of Religious Passion: A Response to Professor Samuel Calhoun, 57 UCLA Law Review Discourse 15 (2009).
- Bethany Moreton, To Serve God and Wal-Mart, (Harvard University Press, May 2009).
- Amos Guiora, Freedom from Religion, (Oxford University Press, Oct. 2009).
- Vincent Phillip Muñoz, God and the Founders - Madison, Washington, and Jefferson, (Cambridge University Press, 2009), reviewed by South Bend Tribune.
Court Orders Deacons To Turn Church Control Back To Pastor
High School Teacher Found To Be Prevailing Party For Court Costs Recovery
Sunday, October 25, 2009
Islamic Group Still Pressing For International Ban On Insulting Religions
"new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".A group of NGO's has written to the U.N. committee objecting to these proposals, saying that they threaten freedom of expression and the protection of equality.
U.S. Army For First Time Allows Sikh To Serve While Wearing Turban
Houston Sued Over City Council Prayer Policy
Saturday, October 24, 2009
Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released
Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform
I can't understand for the life of me how the Catholic Church could be against the biggest social justice issue of our time where the very dignity of the human person is being respected by the fact that we're caring and giving health care to the human person – that right now we have 50 million people who are uninsured. You mean to tell me the Catholic Church is going to be denying those people life saving health care? I thought they were pro-life.Now, according to AP, Rhode Island Catholic Bishop Thomas Tobin has responded to Kennedy's statement, saying:
Congressman Kennedy continues to be a disappointment to the Catholic Church and to the citizens of the state of Rhode Island. I believe the Congressman owes us an apology for his irresponsible comments.[Thanks to Scott Mange for the lead.]
Wiccan Sues For Employment Discrimination
Challenge To Illinois Drivers License Rules Survives Motion To Dismiss
Friday, October 23, 2009
First German Bank To Offer Sharia Financial Products Will Open
9th Circuit Hears Oral Arguments In Student Speech Appeal
Iranian Cleric Says Nuclear Weapons Violate Islamic Law
B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law
9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers
Senate Gives Final Approval To Hate Crimes Bill
Thursday, October 22, 2009
9th Circuit Denies En Banc Review Of Arizona Tuition Contribution Tax Credits
The denial of en banc review however produced 40-pages of opinions. Eight judges joined in Judge O'Scannlain's 23-page dissent. He wrote in part:
I dissent not only because Winn cannot be squared with the Supreme Court’s mandate in Zelman, but also because the panel’s holding casts a pall over comparable educational tax credit schemes in states across the nation and could derail legislative efforts in four states within our circuit to create similar programs. In short, the panel’s conclusion invalidates an increasingly popular method for providing school choice, jeopardizing the educational opportunities of hundreds of thousands of children nationwide.....Responding with their own 17-page opinion, the three judges on the original panel (with a fourth indicating agreement) argued that "the program alleged here neither makes scholarships available to parents on a religiously neutral basis nor gives them a true private choice as to where to utilize the scholarships." Giving to taxpayers the choice of allocating their contributions to religious schools was not enough to break the circuit between government and religion. AP reports on the decision. [Thanks to Bob Ritter for the lead.]
I am at a loss to understand how a reasonable observer—one fully informed about all matters related to the program—could conclude that the "government itself" has endorsed religion in this case. Multiple layers of private, individual choice separate the state from any religious entanglement: the "government itself" is at least four times removed from any aid to religious organizations.....
UPDATE: The Institute for Justice Arizona Chapter which supports the tax credits and represents several clients in the case says it will seek Supreme Court review of the 9th Circuit's decision. The Arizona Attorney General's office has not yet decided whether it too will appeal to the Supreme Court. (Arizona Republic, Oct. 22).
Louisiana Catholic Archdiocese Settles 20 Abuse Lawsuits
Hungary's President Wants Religion Questions On 2011 Census
Pennsylvania School Will Temporarily End Enforcement of Speech Code
Under the consent order issued yesterday (which remains in effect until Jan. 15), in exchange for plaintiffs not seeking a preliminary injunction, the school agreed not to enforce certain provisions in its Expression Policy. It will not bar expression on the ground that it "seek[s] to establish the supremacy of a particular religious denomination, sect, or point of view," nor will it enforce the ban against expression that might be "otherwise deemed harmful to impressionable students." The school will also not enforce the portion of its Dress and Grooming Policy that bans "clothing which creates a hostile educational environment or evidences discriminatory bias or animus." An Alliance Defense Fund release reported on the temporary order.
Santeria Priest Who Won Legal Victory Is Profiled
Last night, for the first time in over three years, Merced was to resume his sacrifices of four-legged animals in a ceremony designed to heal the severe back pain, depression and loneliness of a follower. She would be initiated into the priesthood through the sacrifice of animals which, according to Santeria belief, must die so she can live a healthy and spiritual life. Meanwhile the Euless city attorney is exploring whether there are other routes available to end Merced's practices.The litigation had taken its toll on Merced. His testimony and the media attention that followed brought many of SanterÃa's secrets into the open and unnerved those devotees who saw its mystery as part of its theology as well as its enchantment.
He had written letters to the several hundred Santeros he had met over the years, asking each to contribute $100 to his legal defense fund. But many turned him down. Some were fearful that his case would reveal the secrets that gave power and meaning to their religion; others felt his case was his own personal crusade and not a cause for all who practice SanterÃa. "They want to keep on hiding," Merced says, "which I don't understand."
Canadian Court Dismisses Graduate Student's Religious Discrimination Claim
Settlement Reached In Suit Over Grooming Rules For Federal Building Guards
European Court Says Italian Catholic Unversity Infringed Faculty Applicant's Rights
Wednesday, October 21, 2009
Atheist Ads Will Appear In New York Subway Stations
Alito Complains About Questions Over Catholic High Court Majority
Vietnam Recognizes Assemblies of God Church
UPDATE: Christian News Today provides more legal details. The recognition process was delayed until now because Vietnam's Religion Law requires 20 years of stable organization before the process can begin. Now it has received an "operating license" which allows it to carry on religious activities in the country for the next year. During that time it must prepare a doctrinal statement, a constitution and bylaws and a four-year working plan. If these are approved by the government, then the Church can hold an organizing assembly.