Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, March 10, 2007
Free Exercise Defense Rejected In False Charitable Exemption Prosecution
Kazakh Women Can Now Wear Hijab for ID Photos
Ontario MP Seeks Non-Denominational Chapel In Parliament Building
Russian Student Sentenced For Sending Anti-Semitic Text Messages
Executive Order Gives Vatican's UN Personnel Diplomatic Immunity
En Banc Rehearing Denied By 9th Circuit In Library Meeting Room Case
Friday, March 09, 2007
School Will Now Allow Religious Ads In Yearbook
Maine Proposes Accommodation of Native American Religious Practices In Prisons
UPDATE: Sunday's Portland (ME) Press Herald reports on the continuing controversy at the Maine State Prison in Warren over whether the state has done enough to accommodate the religious practices of 18 Native American inmates.
Catholic Group Gets Mixed Result In Suit Against University of Wisconsin
However, the Foundation did win a substantial victory in the lawsuit. Judge John Shabaz, in a ruling from the bench, ordered the University to stop applying its non-discrimination rules to religious groups. He ruled that the right to free association outweighs the state interest in non-discrimination, and that forcing a Catholic group to admit non-Catholics undermines the group's mission. (See prior related postings 1, 2, 3, 4.)
Appeal Argued In Case Of British Teacher Fired For Wearing Niqab
California Board Wants Picture Of Sikh Leader Eliminated From Textbook
Church Sues Arizona Town Over Signage Code
The complaint (full text) alleges that the church interprets the Bible as requiring it to reach out to the community to advertise its services. The suit claims that the town, by limiting the number of hours during which signs advertising church's services can be displayed, violates the speech, religion, equal protection and due process clauses of the federal constitution and the Arizona Religious Freedom Amendment.
Thursday, March 08, 2007
Muslim Student Sues Over Holding High School Graduation In Church
The suit not only seeks to prevent West Side High School from holding future graduations in churches, it also seeks to prevent the school from sponsoring or promoting religious baccalaureate ceremonies. Plaintiff's challenges are based on Article I, paragraphs 3, 4, and 5, of the New Jersey Constitution and on New Jersey's civil rights and anti-discrimination laws.
Connecticut Supreme Court Hears Arguments In Buddhist Temple Case
3rd Circuit Rejects Free Exercise Collateral Challenge To Child Support Conviction
Leading Evangelical Finds Giuliani's Marital History A Problem
Missouri Legislature Considering Faith-Based Liaison and Intellectual Diversity Bills
The second bill (HB 213), approved by a House committee last month, is designed to promote "intellectual diversity" on state university campuses. It would require each state university to issue an annual report on how it promotes intellectual diversity and the free exchange of ideas. The report would need to include measures taken "to ensure that conflicts between personal beliefs and classroom assignments that may contradict such beliefs can be resolved in a manner that achieves educational objectives without requiring a student to act against his or her conscience."
9th Circuit Upholds City's Removal Of Anti-Gay Group's Flyer
Teacher Sues Saying School Thought She Was A Witch
3rd Circuit Rejects Religious Objector's Refusal To Pay Income Taxes
Wednesday, March 07, 2007
Court Rejects Amish Objections To Septic Tank Requirements
Policy On William & Mary Wren Chapel Cross Changed Again
John Edwards Gives Extensive Interview On His Views Of Relgion In Public Affairs
Faith is not a political strategy, and should not be a political strategy. If it is being used as a tool to garner votes, to convince people they should support one political party or the other, I think that is a huge mistake. I believe with every fiber of my being that God is not a Democrat or a Republican and does not support either party.
If you're being asked about how you make decisions, what are the things that affect you when you make decisions, I think it's perfectly reasonable under those circumstances to give honest answers about your faith and how your faith affects your value system and what you believe and what you care about.
Army Medic Objector to War Gets Light Sentence In Court Martial
Even though he was convicted, the court imposed a light sentence. Aguayo was sentenced to 8 months in prison, reduced in rank to private, ordered to forfeit pay and was given a bad conduct discharge. However he could have been sentenced to 7 years in prison. The Associated Press yesterday reported that since Aguayo has already served 161 days in jail awaiting trial, his attorney expected that he would be released in about 6 weeks.
Priest Says Poverty Vow Precludes Recovery Against Him For Child Support
Proposal Would Ban Politics On Religious Basis In Egypt
Pennsylvania City Council Is Strong On Sectarian Prayer
Florida Condo Owner Denied Right To Hang Mezuzzah
Tuesday, March 06, 2007
Alaska Trial Court Hears Evidence On Religious Basis of Marijuana Use
UPDATE: On March 7, the Alaska Attorney General's office announced that in a March 1 order, Judge Larry Weeks held that "there is no religion in the Lineker’s professed belief system and that those beliefs are not sincere religious beliefs and a second hearing is not necessary." [Thanks to All American Patriots for the lead.]
Arizona Judge Leaning Toward Upholding Tax Credits For Private Tuition Contributions
UPDATE: On Wednesday, Judge Barton issued an opinion upholding the tax credit provisions. Plaintiffs said they would appeal, and said that a pending federal case may also rule on the issue. (Arizona Republic.)
Florida Religious Leaders Disagree On Firing Of Transgendered City Manager
Now however, another group of religious leaders plan to attend tonight's City Commission meeting to urge the Commission to reconsider its decision to fire Stanton. Yesterday's Largo Leader quoted Rev. Leddy Hammock, pastor of Unity Church of Clearwater, who said: "The Jesus I know called us to love one another, and taught, 'Stop judging by appearances, but judge justly'."
Indian Christians Urge Amendment of UN Universal Declaration of Human Rights
California Supreme Court Upholds Conduit Financing For Religious Schools
In California Statewide Communities Development Authority v. All Persons Interested In the Matter of the Validity of a Purchase Agreement, (CA Sup. Ct., March 5, 2007), a majority of the court held that the arrangement did not violate either California's Constitution (Art. XVI, Sec. 5) that bars state support for any school controlled by a sectarian denomination; nor does it violate the First Amendment.
The majority held that financing would be valid if it met 4 tests: it must serve the public interest and provide no more than an incidental benefit to religion; it must be equally available to secular and sectarian institutions; the program must prohibit use of bond proceeds for "religious projects"; and the program must not impose any financial burden on the government. The court went on to hold that the first of these tests would be met so long as the school provides a broad curriculum in secular subjects, and remanded the case to the trial court for it to determine whether the schools offer a sufficiently broad variety of secular courses.
The dissent argued that California's Constitution prohibits the state from acting as a fundraiser for schools. The Associated Press yesterday reported on the court's decision. [Thanks to How Appealing for my updated link to the opinion.]
Parliamentary Committee On Religious Freedom and Britain's Sexual Orientation Regulations
It says that in order to protect freedom of conscience, religion and belief, exemptions should assure that no one will be required to perform same-sex marriages, admit homosexuals to their religious organizations, or allow them to join in their activities or use their premises if this would violate their religious belief. It recommends that the new Regulations for Great Britain contain a narrow definition of harassment on the basis of sexual orientation in order to avoid incompatibility with freedom of speech religion and belief.
The report also recommended that there be no exemption for government-supported faith schools from the regulations that prohibit discrimination on the basis of sexual orientation. It says:
Regulations prohibiting sexual orientation discrimination should clearly apply to the curriculum, so that homosexual pupils are not subjected to teaching, as part of the religious education or other curriculum, that their sexual orientation is sinful or morally wrong. [This] would not prevent pupils from being taught as part of their religious education the fact that certain religions view homosexuality as sinful. In our view there is an important difference between this factual information being imparted in a descriptive way as part of a wide-ranging syllabus about different religions, and a curriculum which teaches a particular religion’s doctrinal beliefs as if they were objectively true. The latter is likely to lead to unjustifiable discrimination against homosexual pupils.LifeSiteNews yesterday reports on reactions to the Joint Committee's report.
Indiana Hate Crimes Bill Dies In Legislature
The American Family Association of Indiana pushed a grassroots campaign that resulted in many e-mails to legislators from those opposed to the law. Then Rep. Jackie Walorski proposed an amendment that would have made the hate crimes law apply to a fetus. Democrats who control the House of Representatives decided to shelve the legislation in order to avoid a divisive debate on abortion. These developments were reported by WDC Media and by 365Gay.com.
Monday, March 05, 2007
US Supreme Court Dismisses School T-Shirt Case As Moot In Complex Procedural Move
Today the U.S. Supreme Court granted the writ of certiorari in the preliminary injunction proceedings, but without further briefing or argument vacated the lower court judgment and remanded the case to the 9th Circuit with instructions to dismiss Tyler Harper's appeal as moot. The Supreme Court also rejected the motion by Tyler Harper’s sister, Kelsie Harper, to intervene at the Supreme Court level in order to prevent the case from being moot. Her claims, however, are still pending on appeal in the lower courts.
En Banc Rehearing Sought In 7th Circuit In Campus Preaching Case
Recent Prisoner Free Exercise Cases
In Fisher v. Virginia Department of Corrections, 2007 U.S. Dist. LEXIS 13063 (WD VA, Feb. 23, 2007), a Virginia federal Magistrate Judge recommended that certain of defendants' summary judgment motions be denied and that a prisoner be permitted to proceed with various of his First and Fourteenth Amendment and RLUIPA claims asserting that prison officials would not allow him to possess a "Thor's Hammer" pendant, central to his practice of Asatru, even though they allowed inmates of other religions to possess religious medallions. -- UPDATE: On March 15, the court adopted the Magistrate's report and recommendation, 2007 U.S. Dist. LEXIS 18270.
In Rose v. Snyder, 2007 U.S. Dist. LEXIS 13342 (SD IL, Feb. 27, 2007), an Illinois federal district judge approved the recommendations of Magistrate Judge denying the claims of a Rastafarian prisoner that he should be permitted to wear dreadlocks in violation of prison grooming rules.
In Abdullah v. Frank, 2007 U.S. Dist. LEXIS 13215 (ED WI, Feb. 26, 2007), a Wisconsin federal district court denied a motion for summary judgment by a Sunni Muslim prisoner who claimed that his rights under RLUIPA and the free exercise clause were infringed when he was denied the right to possess a turban/Kifiyyah, a Thawb and a silver ring in order to carry out the practices of his religion. The court found that questions of fact remained as to whether plaintiff's religious practices had been substantially burdened and whether prison officials acted in an intentionally discriminatory manner.
In Judd v. Adams, 2007 U.S. Dist. LEXIS 14502 (ED CA, Feb. 20, 2007), involved a claim by a prisoner who was an adherent of the Asatru/Odinist faith that he had difficulties in getting permission to keep a Thor's hammer medallion and alter cloth. A California federal Magistrate Judge dismissed the claims, but gave the prisoner the right to file amended complaints as to his First Amendment and RLUIPA claims.
In State of Ohio v. Whitaker, (OH Ct. App., march 2, 2007), an Ohio appellate court vacated the imposition of a 12-month prison sentence on Troy Whitaker, an adherent of a Native American religion, after he violated his community control by being unsuccessfully discharged from an alcohol residential treatment facility. Whhitaker had refused to cut his hair in violation of the program's grooming requirements. The court found that the state had not shown that forcing Whitaker to cut his hair is the least restrictive means to enforce any compelling interest the state has. It also held that Whitaker did not have to prove his Native American heritage to assert his claim.
Settlement Reached In Religious Expression Suit Against NC High School
Sunday, March 04, 2007
Many New Scholarly Articles Of Interest
Michael J. Gerhardt, Why the Catholic Majority on the Supreme Court May Be Unconstitutional, University of St. Thomas Law Journal, Vol. 4, 2007 .
Kinari Patel, The Constitutional Paradox Posed by Permitting Polygamy in India, (February 24, 2007).
Perry Dane, Separation Anxiety: A Review Essay on Noah Feldman's "Divided By God", (Journal of Law and Religion, Forthcoming).
Ryan Benjamin Witte, I'm the Mommy, That's Why: A Minor's Right to Free Exercise when it Conflicts With a Parent's Hybrid Right Under Smith.
Nathan B. Oman, "United States v. Reynolds" , ENCYCLOPEDIA OF MORMON HISTORY, Paul Reeve & Ardis Parshall, eds. (ABC-Clio, Forthcoming).
From Bepress:
Gregory A. Kalscheur , S.J., Catholics in Public Life: Judges, Legislators, and Voters, (February 26, 2007).
Cyra Akila Choudhury, (Mis)Appropriated Liberty: Identity, Gender Justice, and Muslim Personal Law Reform in India, (2007).
From SmartCILP:
Vaughn E. James, The African-American Church, Political Activity, and Tax Exemption, 37 Seton Hall Law Review 371-412 (2007).
Symposium: End of Life Decision Making: The Right to Die? Articles by Steven H. Aden, Kathleen M. Boozang, Lois Shepherd, Wendy E. Parmet, Edward James Furton, Mark C. Rahdert, Corrine Parver, Joseph B. Straton, M.D. and Max Lapertosa. 15 Temple Political & Civil Rights Law Review 323-500 (2006).
Symposium: Religion, Division, and the Constitution. Introduction by Richard W. Garnett; articles by Lawrence B. Solum, Frederick Mark Gedicks, Stephen M. Feldman, David E. Campbell and Paul Horwitz. 15 William & Mary Bill of Rights Journal 1-146 (2006).
Symposium: Religion in the Public Schools. Articles by Steven G. Gey, Laura S. Underkuffler, Arnold H. Loewy, Jay D. Wexler, Richard B. Katskee, Luke Meier and Anthony R. Picarello, Jr. 5 First Amendment Law Review 1-200 (2006).
Temple Replica Found To Violate Zoning Code
Michigan Limit On Prisoner Suits Held Unconstitutional
International Body Upholds Soccer Hijab Ban
Jordan Journalists Oppose Proposed Law Against Villifying Religion
Saudi Virtue Commission Offical Defends Its Work
Tuwaijri rejected the allegation that the Commission denies women their rights. He said that the Commission "strongly intervenes when men try to harass [women] or tempts them to gratify their undignified impulses. The commission gives utmost importance to protect women’s rights and freedom that are accorded to them by the Shariah." He added, however that there are some things, which "are mistakenly claimed to be part of women’s freedom such as the immodest exhibition of their body and some other activities considered beyond the permissible limits of moral regulations fixed by Saudi society and the Shariah." He said that these "are in fact violations of the rights of other members of society who want to live in a morally chaste and unpolluted environment."
Saturday, March 03, 2007
Suspended Christian Group Sues Georgia College
Proposal Would Amend Missouri Constitution to Permit School Prayer
Last Wednesday, the House Special Committee on General Laws heard testimony on the proposal. Saturday's issue of The Maneater reports that at the hearings, Rep. Beth Low argued that the amendment is unnecessary and would not accomplish its goals.
British Magistrate Denied Right To Opt Out Of Gay Adoption Cases
California Christian School Loses RLUIPA Claim
Friday, March 02, 2007
Anti-Jewish Remark Forces Candidate Out Of Mayoral Race
Azeri Journalists On Trial For Insulting Muhammad
UPDATE: The International Herald Tribune reported on Monday that the trial has been postponed as the court ordered a change of venue to the district where the newspaper offices are located instead of where the defendants live.
Kuwait Will Drop Religious Freedom From High School Curriculum
Registration Difficult To Obtan Under Serbia's Religion Law
Controversial Chaplain Finally Discharged
Mennonnites Leave Missouri Over Drivers' Licence Requirement
Agency Finds Discrimination Against Catholic Priest At NIH
Indonesia Moves Toward Sharia
Thursday, March 01, 2007
San Diego Diocese Files For Bankruptcy Reorganization
City Land Swap Challenged As Unconstitutional
Pressure For Evolution, Creationism In Curriculum Continues
Meanwhile, the Associated Press on Tuesday reported on a fascinating resolution aimed at placing the Tennessee state education commissioner on the spot. State Sen. Raymond Finney has introduced SR 17 in the Tennessee state Senate. The resolution is worth being quoted at length:
Bill sponsor, Sen. Finney, a retired physician, lives some 60 miles from the town of Dayton, TN where the famous 1925 Tennessee Scopes Monkey Trial was held.BE IT RESOLVED ... that the commissioner of the department of education ... is hereby respectfully requested by this body to respond to the following questions:
(1) Is the Universe and all that is within it, including human beings, created through purposeful, intelligent design by a Supreme Being, that is a Creator?
Understand that this question does not ask that the Creator be given a name. To name the Creator is a matter of faith. The question simply asks whether the Universe has been created or has merely happened by random, unplanned, and purposeless occurrences.
Further understand that this question asks that the latest advances in multiple scientific disciplines –such as physics, astronomy, molecular biology, DNA studies, physiology, paleontology, mathematics, and statistics – be considered, rather than relying solely on descriptive and hypothetical suppositions.
If the answer to Question 1 is “Yes,” please answer Question 2:
(2) Since the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught in Tennessee public schools?If the answer to Question 1 is "This question cannot be proved or disproved," please answer Question 3:
(3) Since it cannot be determined whether the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught as an alternative concept, explanation, or theory, along with the theory of evolution in Tennessee public schools?
If the answer to Question 1 is "No" please accept the General Assembly’s admiration for being able to decide conclusively a question that has long perplexed and occupied the attention of scientists, philosophers, theologians, educators, and others....
Montana Senate Keeps Child Health Contraceptive Payments Ban
Iran Universities Continue Discrimination Against Baha'is
Worcester City Council Backs Invocations
Wednesday, February 28, 2007
Religious Objection-- Among Others-- Raised To Ohio's New Smoking Ban
SCOTUS Hears Arguments Today On Taxpayer Standing To Challenge Faith-Based Inititative
UPDATE: The Los Angeles Times has an account of today's oral arguments in the case.
UPDATE: The full transcript of today's oral arguments in the Hein case is now available online.
UPDATE: Dahlia Lithwick at Slate has a particularly interesting account of the oral argument.
LA Trial of Temple 420 Leader On Marijuana Charges Starts Friday
Opinion Rejects Free Exercise Challenge To Teaching Children Respect For Gay Couples
Property Ownership In Michigan Church Split Is Before State Court
Judge Excludes Religious Appeal In Closing Arguments
Tuesday, February 27, 2007
Serbia Guilty of Not Preventing Genocide of Muslims, But Not Guilty of Comitting Genocide
Cert. Denied In Challenge To Polygamy Laws
French Supreme Court Finds Humorist's Remarks Were Anti-Semitic
Quebec Soccer League Prohibits Wearing Hijab In Games
Monday, February 26, 2007
New Religious Liberty & Church-State Articles
Camil Ungureanu, The Relation Between Democracy and Religion: Towards a European Discursive “Model”?, (December 2006).
Thomas Charles Berg, Can Religious Liberty be Protected as Equality?, Texas Law Review, Vol. 85, No. 5, April 2007
From SmartCILP:
Chai R. Feldblum, Moral Conflict and Liberty: Gay Rights and Religion, 71 Brooklyn Law Review 61-123 (2006).
Patrick M. Garry, A Congressional Attempt to Alleviate the Uncertainty of the Court's Establishment Clause Jurisprudence: The Public Expression of Religion Act, 37 Cumberland Law Review 1-23 (2006-2007).
Andrew Koppelman, You Can't Hurry Love: Why Antidiscrimination Protections for Gay People Should Have Religious Exemptions, 71 Brooklyn Law Review (2006).
Winnifred Fallers Sullivan, John Randolph Tucker Lecture: Comparing Religions, Legally, 63 Washington & Lee Law Review 913-928 (2006).
Steven K. Green, "Bad History": The Lure of History in Establishment Clause Adjudication, 81 Notre Dame L.aw Review, 1717-1754 (2006).
Marci A. Hamilton & Rachel Steamer, The Religious Origins of Disestablishment Principles, 81 Notre Dame Law Review 1755-1791 (2006).
Douglas Laycock, Regulatory Exemptions of Religious Behavior and the Original Understanding of the Establishment Clause, 81 Notre Dame Law Review 1793-1842 (2006).
NJ Rescue Mission Ordered To End Drug & Alcohol Treatment
Recent Prisoner Free Excercise Cases
In Henderson v. Frank, 2007 U.S. Dist. LEXIS 11064 (WD WI, Feb. 15, 2007), a Wisconsin the court federal district court rejected an Establishment Clause claim brought by a Taoist prisoner. held that a policy that creates seven "umbrella religions" under which all other religions fall, is merely a system to manage the many faith traditions and does not give any particular benefit to some religions that is denied to others. It also held that the prison's refusal to purchase Taosit religious texts for the prisoner failed to raise a Free Exercise claim.