Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, July 21, 2009
Protests Continue Over LDS Regulation Of Plaza In Salt Lake City
Opponents of Hate Crimes Bill Add Amendments That Make It More Contentious
The first Sessions Amendment would allow the death penalty to be applied in hate crimes cases under some circumstances. This Amendment is unnecessary and is a poison pill designed to kill the bill. The Amendment is being offered by and supported by Senators who oppose the Matthew Shepard Act. It’s ironic that the very Senators who have falsely argued that this bill would put clergy in jail because of their beliefs think that those same clergy should be subject to the death penalty.In response to the addition of the death penalty language, the Senate then passed a Democratic-sponsored amendment that would limit hate crime prosecutions until a state's attorney general has created standards for applying capital punishment. The death penalty amendment, offered by Sen. Sessions, was approved by unanimous consent despite a letter (full text) from 50 civil rights and religious groups opposing the amendment.
The second Sessions Amendment would place an additional burden on the Justice Department to revise its long established guidelines for hate crimes cases. This Amendment is unnecessary. The Department already contains well-established, clear and precise guidelines to govern cases involving bias-motivated violence that work well.
Finally, the third Sessions Amendment would provide additional penalties for crimes involving service members or their families. This Amendment is unnecessary. Existing statutes already provide special penalties on attacks against members of the Armed Services and veterans. In addition, the vague language of the Amendment is problematic. The Amendment provides for additional penalties for injuring the property of a serviceman or immediate family member. The scope of "family member" or what constitutes an "injury" to their property is unclear.
Meanwhile, according to yesterday's Washington Blade, the ACLU has issued a statement pressing for the House, rather than the Senate, version of the hate crimes bill. The House bill, H.R. 1913, was passed by the House in April. (See prior posting.) Concerned about freedom of speech and association, the ACLU favors language in the House bill that prohibits introducing substantive evidence of expression or association at trial unless it specifically relates to the offense charged. The House language though would not change evidentiary rules on the impeachment of witnesses. Chris Anders, ACLU senior legislative counsel, said that "an otherwise unremarkable violent crime" should not become a federal offense because the defendant viewed the wrong web site, belonged to a group espousing bigotry or subscribed to a magazine that promotes discriminatory views.
Project Will Rate Muslim Countries On Adherence To Shariah
Members of Congress Join In Rally To Protest Falun Gong Persecution By China
Obama Meets At White House With Mormon Leader
Monday, July 20, 2009
Israeli Court Awards Damages To Bedouin Family Excluded From Swimming Pool
Competing Lawsuits Filed In Dispute Over Religious Services At Co-op Unit
While settlement negotiations were going on, Canopus-- without advance notice-- filed in state court. The complaint (full text) in Canopus Realty Corp. v. Bondi, (Sup. Ct. Putnam Co., filed 7/2/2009) seeks a declaratory judgment that Bondi does not have a right to run a business, including his Church, from his residence, and that enforcement of the lease terms that restrict use to residential purposes does not violate state or federal civil rights laws. In response, New York filed a housing discrimination lawsuit against the cooperative. The complaint (full text) in New York State Division of Human Rights v. Canopus Realty Corp., (Sup. Ct. Putnam Co., filed 7/14/2009), alleges religious discrimination, saying that the cooperative does not prevent other residents from inviting guests to their homes or to the co-op's clubhouse. It asks for a declaratory judgment, injunction and damages, as well as various broader remedial actions by Canopus. Courthouse News Service today reports on the lawsuits.
Recent Articles of Interest
- William W. Van Alstyne, Religion in the Workplace: A Report on the Layers of Relevant Law in the United States, (Comparative Labor Law & Policy Journal, Vol. 30, No. 3, 2009).
- Reid K. Weisbord & Peter DeScioli, The Effects of Donor Standing on Philanthropy: Insights from the Psychology of Gift-Giving, (Gonzaga Law Review, Vol. 45, No. 2, January 2010).
From SmartCILP:
- Charlton C. Copeland, God-Talk in the Age of Obama: Theology and Religious Political Engagement, 86 Denver University Law Review 663-691 (2009).
- Josh Goodman, Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel, 32 Hastings International & Comparative Law Review 477-528 (2009).
- Robin Fretwell Wilson, Same-Sex Marriage and Religious Liberty: Life After Prop 8, 14 NEXUS 101-111 (2008-2009).
Texas Town Is Changing City Council Invocation Policy
Iranian Singer Sentenced In Abstentia To 5 Years For Recording of Quranic Verses
Consent Order Entered In Challenge To City's Speech Ordinance
Sunday, July 19, 2009
Recent Prisoner Free Exercise Cases
In Mecca Allah Shakur v. Sieminski, 2009 U.S. Dist. LEXIS 60796 (D CT, July 16, 2009), a Connecticut federal district court rejected an inmate's claim that his free exercise rights were violated when he was allowed to attend congregate religious services only in "Q-Unit", a step-down unit from administrative segregation, instead of being able to attend them in the prison's main building.
In Price v. Owens, 2009 U.S. Dist. LEXIS 58844 (ND GA, April 28, 2009), a Georgia federal district court held that an inmate's free exercise and RLUIPA challenges to a prison's grooming policy is not subject to the "continuing violation" or "continuing tort" doctrine for purposes of determining whether the statute of limitations has run. The statute runs from the time of the first application of the grooming policy to plaintiff, and not from each haircut. In Price v. Owens, 2009 U.S. Dist. LEXIS 58840 (ND GA, July 8, 2009), the court denied plaintiff's motion for reconsideration of the matter.
In Mayo v. Norris, 2009 U.S. Dist. LEXIS 59531 (ED AR, June 29, 2009), an Arkansas federal magistrate judge recommended that the court dismiss an inmate's claim that assessment of various fees against his inmate trust account violates his free exercise rights. Plaintiff alleged that he is a "Disciple of Jesus Christ," and assessing those fees violates Romans 13:8. He says the practice "is contrary to the doctrine of Jesus, thus hindering me from obeying the doctrine of my Savior to the salvation of my soul."
In Powell v. Smith, 2009 U.S. Dist. LEXIS 58906 (ED CA, June 25, 2009), a California federal district court dismissed an inmate's claim that his free exercise rights were infringed when he was stripped searched in the presence of female corrections officers. Plaintiff asserted that this practice violated his Muslim religious beliefs.
improperly confiscated his personal property (including religious objects) for extended periods of time, unreasonably restricted his access to religious ceremonies, and desecrated the prison's Native American sacred grounds.
Washington State Begins Rulemaking To Head Off Holiday Display Confusion At Capitol
A handful of displays had been allowed in a third-floor hallway of the Legislative Building, not far from a 30-foot noble fir sponsored by the Association of Washington Business for the holidays. A real estate agent then added a Nativity creche. After that, the Wisconsin-based Freedom from Religion Foundation put up an atheist placard equating religion with myth, two Christian displays were added mocking atheism, and a Jewish group displayed a menorah. Fourteen applications had been filed when the department issued a moratorium on further displays.
Priest's Conviction Upheld Over Challenge To Testimony Regarding Religion
Unlike the first trial, on retrial there was no testimony regarding Catholic Church doctrine, the power that priests have traditionally had over parishioners, or internal church procedures regarding allegations of abuse. Because the charging statute requires proof of certain elements that directly touch and concern religious practices, it is impossible to prove the charged offense without some religion-related testimony. After reviewing the limited religion-related testimony from Father McDonough, we are satisfied that the district court carefully adhered to the Bussmann I admonitions and admitted only such religion-related testimony as was necessary for the state to prove the charged offense. We conclude that the religion-related testimony did not excessively entangle church doctrine with civil law.
Court Says FLDS Members Cannot Intervene In UEP Trust Litigation
potential beneficiaries of charitable trusts have no right to make claims on such trusts. Because the UEP Trust is a charitable trust, the only individuals with legally cognizable interests are the Utah and Arizona Attorneys General (A.G.s) as representatives of the community, and the Court-designated Special Fiduciary.The court also issued an order requiring the Utah Attorney General to forward certain disputed funds to the court, and scheduled a hearing on the sale of the Berry Knoll Farm property-- land that FLDS says should be a holy temple site. Funds are needed by the Trust to meet accrued debts.
Saturday, July 18, 2009
2nd Circuit: Muslim Scholar Gets Chance To Challenge Visa Denial
British Police Can Obtain Accommodation for Pagan Holidays
Hawaiian Church Sued Over Construction On Former Cemetery Site
3rd Circuit: Trial Court Properly Refused To Interfere In State Civil Rights Probe
Friday, July 17, 2009
US Military Trains Afghan Army To Show Its Muslim Face To Locals
8th Circuit Upholds School's Literature Distribution Policy
Under a prior school policy, members of the Gideons were permitted to distribute Bibles in 5th grade classrooms during school hours. In a challenge to the policy, the district court entered a permanent injunction prohibiting any distribution of Bibles to elementary school children on school property during the school day. (See prior posting.) The Court of Appeals upheld the continuation of that injunction. The court then moved to consider whether to uphold the district court's declaratory judgment relating to the new policy. Chief Judge Loken, writing the primary opinion, said:
the Judgment neither enjoined the District from implementing the new policy nor declared that policy unconstitutional. Rather, it cross referenced an amended complaint seeking a declaration “that Defendants’ actions in instituting” the new policy violated the Establishment Clause. The precise import of the declaratory judgment is hopelessly obscure. Given its impact on the operations of a state governmental entity, this ambiguity alone requires reversal.He then went on to also reject a facial Establishment Clause challenge to the new policy, finding that any major objection to it was obviated by the injunction that, as he read it, precluded the distribution of Bibles even under the new policy. Judge Beam concurring said he believes that the injunction only prohibits the earlier practice of distributing Bibles in classrooms. Judge Kyle concurred, saying that while he believes that the new literature distribution policy was passed for the purpose of promoting Christianity, he could concur because, in his view, "the portion of the court’s opinion discussing the new policy under Lemon is dicta...." Liberty Counsel yesterday issued a press release on the decision, as did Americans United.
Obama Nominates Jacqueline Berrien To Head EEOC
State Agency Removes Website Links To "Open and Affirming" Churches
Washington Supreme Court Finds Permit Moratorium Violated Church's Rights
the City’s total moratorium placed a substantial burden on the Church. It prevented the Church from even applying for a permit. It gave the Church no alternatives.... The City failed to show that the moratorium was a narrow means for achieving a compelling goal. Therefore, the City’s action constituted a violation of article I, section 11 of our constitution.The court also held that while the church had previously agreed that it would not host another Tent City without obtaining a use permit, under the unique circumstances of this case it was excused from performance of the agreement.
A concurring opinion by Justice Sanders (joined by Justice Chambers) argued that a city cannot constitutionally condition a church's use of its own property on its applying for a use permit. He also concluded that the city's action violated RLUIPA, so the church was entitled to recover damages and attorneys' fees. Yesterday's Merced (CA) Sun-Star reported on the decision.
South Africa's Constitutional Court Protects Widows In Polygamous Muslim Marriages
South Africa's Business Day reported on the decision.Nkabinde J writing for a unanimous Court confirmed the declaration of constitutional invalidity made by the High Court albeit in a slightly different manner. She held that the objective of the Act, which is to lessen the dependence of widows on family benevolence, would be frustrated if the continued exclusion of widows in polygynous Muslim marriages were to persist. Nkabinde J held further that the Act violates the applicant’s right to equality. The exclusion of women in the position of applicant from the protection of the Act unfairly discriminates against them on the grounds of religion, martial status and gender. This exclusion is not justifiable in a society guided by the principles of equality, fairness, equity, social progress, justice, human dignity and freedom.
In concluding, Nkabinde J held that the word "spouse" in the Act is not reasonably capable of being understood to include more than one spouse in the context of a polygynous marriage. To remedy the defect, the words "or spouses" are to be read-in after each use of the word "spouse" in the Act.
Senate Passes Hate Crimes Bill As Amendment To Defense Authorization Act
UPDATE: Here is the text of the amendment, offered by Sen. Brownback and adopted by the Senate, intended to protect First Amendment rights:
Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes on any rights under the first amendment to the Constitution of the United States, or substantially burdens any exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, association, if such exercise of religion, speech, expression, or association was not intended to--Section 10 of the Hate Crimes Prevention Act also contains other provisions on construction of the Act and free expression.
(1) plan or prepare for an act of physical violence; or
(2) incite an imminent act of physical violence against another.
Thursday, July 16, 2009
Article Profiles Activities of Child Evangelism Fellowship
Discussing the aftermath of the Supreme court's Good News Club case, Aviv reports:
Since the ruling, the Fellowship, funded by donations, has engaged in more than twenty follow-up suits against schools that refused to comply with the Milford decision. Hundreds of other cases not directly involving the Fellowship have cited the ruling, leading to a level of church-state entanglement that had been prohibited for decades. Meanwhile, the number of Good News Clubs in public schools has quietly and steadily swelled. The ministry held 1,155 after-school clubs in 2000; in 2007, there were 3,956, reaching 137,361 children. Jaimie Fales, the Fellowship’s spokesperson, says that she still hears people complaining about the good old days before "they took God out of the schools. I have to remind them, ‘Hey, listen, you can have prayer in public schools! You can have the Bible in public schools! That’s just complaining. We can do it. We just got to get up and actually do it! The Supreme Court flung the doors wide open.’"[Thanks to the article's author for sending the PDF.]
Minister's Editorial Is Not Basis For Revoking His Probation
Shortly after the trial court denied Pinkney's request for a new trial, he wrote an editorial for a Chicago monthly newspaper charging the judge who denied his motion with being a racist, and said he was "dumb" and "corrupt." One paragraph in the editorial, paraphrasing several verses from Deuteronomy, said:
Judge Butzbaugh, it shall come to pass; if thou continue not to hearken unto the voice of the Lord thy God to observe to do all that is right; which I command thee this day, that all these Curses shall come upon you and your family, curses shalt be in the City of St. Joseph and Cursed shalt thou be in the field, cursed [sic] shall come upon you and your family and over take thee; cursed shall be the fruit of thy body. The Lord shall smite thee with consumption and with a fever and with an inflammation and with extreme burning. They the demons shall Pursue thee until thou persist.In People of the State of Michigan v. Pinkney, (MI Ct. App., July 14, 2009), the state court of appeals held that revoking Pinkney's probation for writing the editorial was improper. It held:
To the extent that the prohibition of defamatory and demeaning behavior impinges on defendant’s first amendment rights, the prohibition was not proper, as it was not directly related to defendant’s rehabilitation or to the protection of the public.The court concluded that it need not decide whether the paraphrase of Biblical verses violated the parole condition barring threatening behavior. It said:
Plaintiff agrees that the paraphrase of Deuteronomy 28 "is not defensible as anything other that [sic] hyperbole" and that the paraphrase could not serve as a lawful basis for revoking defendant’s probation.AP yesterday reported on the decision. An ACLU press release on the decision contains links to several briefs supporting Pinkey's position that were filed in the case.
Sotomayor Questioned About Her Free Exercise Jurisprudence
CARDIN: Well, let me conclude on one other case that you ruled on, where I also agree with your decision. That's the Ford v. McGinnis, where you wrote a unanimous panel opinion overturning a district court summary judgment finding in favor of the Muslim inmate who was denied by prison officials access to his religious meals marking the end of Ramadan.Also yesterday, Sen. Jeff Sessions entered into the record a letter (full text) from Richard Land, President of the Southern Baptist Convention's Ethics & Religious Liberty Commission, opposing Sotomayor's confirmation.
You held that the inmate's fundamental rights were violated and that the opinions of the department of correction and religious authorities cannot trump the plaintiff's sincere and religious beliefs.
The freedom of religion is one of the basic principles in our Constitution, as I said in my opening comments. It was one of the reasons why my grandparents came to America. The freedom of religion, expression is truly a fundamental American right.
Please share with us your philosophy as to -- maybe it's a wrong use of terms -- but the importance of that provision in the Constitution and how you would go about dealing with cases that could affect that fundamental right in our Constitution.
SOTOMAYOR: I don't mean to be funny, but the court has held that it's fundamental in the sense of incorporation against the state. But it is a very important and central part of our democratic society that we do give freedom of religion, the practice of religion, that the Constitution restricts the -- the state from establishing a religion, and that we have freedom of expression in speech, as well.
Those freedoms are central to our Constitution. The Ford case, as others that I had rendered in this area, recognize the importance of that in terms of one's consideration of actions that are being taken to restrict it in a particular circumstance.
Speaking further is difficult to do. Again, because of the role of a judge, to say it's important, that it's fundamental, and it's legal and common meaning is always looked at in the context of a particular case. What's the state doing?
In the Ford case that you just mentioned, the question there before the court was, did the district court err in considering whether or not the religious belief that this prisoner had was consistent with the established traditional interpretation of a meal at issue, OK?
And what I was doing was applying very important Supreme Court precedent that said, it's the subjective belief of the individual. Is it really motivated by a religious belief?
It's one of the reasons we recognize conscientious objectors, because we're asking a court not to look at whether this is orthodox or not, but to look at the sincerity of the individual's religious belief and then look at what the state is doing in light of that. So that was what the issue was in Ford.
The Washington Post has transcripts of the questioning of Sotomayor by each of the Senators on the Judiciary Committee.
Ohio Church Groups Say They Will Try To Block Newly Authorized Slot Machines
Suit Charges Military Contractor With Refusing To Accommodate Wearing of Hijab
Wednesday, July 15, 2009
Court Upholds University's Facilities Use Policy
Lawsuit Challenges Congress' Decision To Add Motto and Pledge To Capitol Visitor Center
Court Enjoins Community College's Sexual Harassment Policy As Overbroad
Senate Appropriations Bill Has Security Funds For Non-Profits; Extends Religious Worker Program
As reported by JTA, Title III's appropriations for the State Homeland Security Grant Program [pg. 30 of PDF] includes $20 million to protect high-risk non-profit institutions, including religious institutions, against terrorist attack. The Senate version appropriates $5 million more than the House version did for nonprofits.
Title V, Sec. 571 [pg. 95 of PDF], extends the controversial Special Immigrant Nonminister Religious Worker Program until Sept. 30, 2012. However it requires USCIS to submit to the Senate and House Judiciary Committees by March 30, 2010 a report on the risks of fraud and noncompliance in the program and a detailed plan describing actions to be taken against those who do not comply with the conditions of their special visas-- followed by a progress report on action actually taken. (See prior related posting.) The House version of the Homeland Security Appropriations Act contains no provisions extending the Religious Worker Program that, under current law, expires this September.
Sikh Group Wants Governor To Veto Oregon Workplace Religious Freedom Act
Texas Board of Education Panel Splits On Role of Religion In History Curriculum
This summer, Texas social studies teachers will draft the actual recommendations to the Board for curriculum changes. [Thanks to Rabbi Michael Simon for the lead.][A] divide has opened over how central religious theology should be to the teaching of history. Three reviewers, appointed by social conservatives, have recommended revamping the K-12 curriculum to emphasize the roles of the Bible, the Christian faith and the civic virtue of religion in the study of American history.... "We're in an all-out moral and spiritual civil war for the soul of America, and the record of American history is right at the heart of it," said Rev. Peter Marshall....
The conservative reviewers say they believe that children must learn that America's founding principles are biblical. For instance, they say the separation of powers set forth in the Constitution stems from a scriptural understanding of man's fall and inherent sinfulness, or "radical depravity," which means he can be governed only by an intricate system of checks and balances. The curriculum, they say, should clearly present Christianity as an overall force for good -- and a key reason for American exceptionalism, the notion that the country stands above and apart.
Issues of Religion Largely Absent From Second Day of Sotomayor Hearings
In questioning Sotomayor about her views on the Second Amendment, Sen. Orin Hatch asked: "OK. As I noted, the Supreme Court puts the Second Amendment in the same category as the First and the Fourth Amendments as pre-existing rights that the Constitution merely codified. Now, do you believe that the First Amendment rights, such as the right to freely exercise religion, the freedom of speech, or the freedom of the press, are fundamental rights?" To which Sotomayor replied: "Those rights have been incorporated against the states. The states must comply with them."
Sen. Lindsey Graham, expressing his concern about expansive interpretations of the Constitution said: "And that gets us to the speeches. That broad provision of the Constitution that's taken us from no written prohibition protecting the unborn, no written statement that you can't voluntarily pray in school, and on and on and on and on, and that's what drives us here, quite frankly.... [A] lot of us are concerned from the left and the right that unelected judges are very quick to change society in a way that's disturbing...."
Sen Diane Feinstein, asking about the overruling of precedent, referred to the Hein case that denied a taxpayer standing to challenge spending by President Bush's faith-based office. She said: "In a rare rebuke of his colleagues, Justice Scalia has sharply criticized Chief Justice Roberts and Justice Alito for effectively overruling the court's precedents without acknowledging that they were doing so. Scalia wrote in the Hein case ... 'Overruling prior precedent is a serious undertaking, and I understand the impulse to take a minimalist approach. But laying just claim to be honoring stare decisis requires more than beating a prior precedent to a pulp and then sending it out to the lower courts weakened, denigrated, more incomprehensible than ever, and yet somehow technically alive....'"
(See prior related posting.)
Evangelist Challenges University's Speech Policy
Tuesday, July 14, 2009
Malaysian Police Investigate Reporter's Activities In Attending Mass Under False Pretenses
Leahy To Introduce Hate Crimes Bill As Amendment To Defense Authorization Act
Issues of Religion Play Little Role In First Day of Sotomayor Hearings
Sen. Patrick Leahy:
Those who break barriers often face the added burden of overcoming prejudice.... The confirmation of Justice Louis Brandeis, the first Jewish American to be nominated to the high court, was a struggle rife with anti-Semitism and charges that he was a "radical". The commentary at the time included questions about "the Jewish mind" and how "its operations are complicated by altruism." Likewise, the first Catholic nominee had to overcome the argument that "as a Catholic he would be dominated by the pope."Sen. Jeff Sessions:
Do I want a judge that allows his or her social, political, or religious views to change the outcome? Or, do I want a judge that impartially applies the law to the facts, and fairly rules on the merits, without bias or prejudice?Sen. Chuck Schumer (discussing cases Sotomayor has decided):
And she upheld the First Amendment right of a prisoner to wear religious beads under his uniform.Sen. Benjamin Cardin:
My grandparents came to America more than 100 years ago. I am convinced that they came to America not only for greater economic opportunities, but because of the ideals expressed in our Constitution, especially the First Amendment guaranteeing religious freedom.
My grandparents wanted their children to grow up in a country where they would be able to practice their Jewish faith and fully participate in their community and government. My father, one of their sons, became a lawyer, state legislator, circuit court judge and President of his synagogue. And now his son serves in the U.S. Senate.
While our Founding Fathers made freedom of religion a priority, equal protection for all races took longer to achieve.... I remember with great sadness how discrimination was not only condoned but, more often than not, actually encouraged against Blacks, Jews, Catholics, and other minorities in the community. There were neighborhoods that my parents warned me to avoid for fear of my safety because I was Jewish. The local movie theater denied admission to African Americans. Community swimming pools had signs that said "No Jews, No Blacks Allowed." Even Baltimore's amusement parks and sports clubs were segregated by race.
Sen Dick Durbin:
Your mother worked two jobs so she could afford to send you and your brothers to Catholic schools, and you earned scholarships to Princeton and Yale.
Senator Kirsten Gillibrand's introduction of Sotomayor included a quote from Justice Scalia that he "grew up with people of all religious and ethnic backgrounds."
Judge Sotomayor in her opening statement made no mention of religion, religious freedom or church-state issues.An opinion piece from today's Wall Street Journal asks: "Why was Samuel Alito's Catholicism so much more discussed than Sonia Sotomayor's?"
FCC Change In TV Rules Impacts Many Church Wireless Microphone Systems
The problem is that many church sound systems operate in the 700 MHz range. That means that there may well be interference in some locations. Also these churches are apparently acting illegally in continuing to operate their systems. As explained in a posting last year on Geeks&God, the FCC adopted rules in late 2008 to allow the unlicensed use of "white spaces" between TV stations below 698 MHz. (FCC News Release, Nov. 4, 2008). However as of Feb. 17, 2009, wireless microphones using higher frequencies were to cease operating. Manufacturers no longer sell wireless microphone systems in the 700 MHz range and they offer discounts to churches that trade in their old systems for new ones in permitted ranges.
Groups Oppose Expansion of Virginia Islamic Saudi Academy
Monday, July 13, 2009
Lawsuit In Egypt Seeks To Rescind Prize Given To Controversial Writer
Russian Orthodox Church Gets New Power To Preview Duma Legislation
World Football Regulator Warns Brazil's Team Over Religious Slogans On T-Shirts
Players must not reveal undergarments showing slogans or advertising. The basic compulsory equipment must not have any political, religious or personal statements. A player removing his jersey or shirt to reveal slogans or advertising will be sanctioned by the competition organiser. The team of a player whose basic compulsory equipment has political, religious or personal slogans or statements will be sanctioned by the competition organiser or by FIFA.[Thanks to Scott Mange for the lead.]
Recent Articles of Interest
- Amos N. Guiora, Religious Extremism: A Fundamental Danger, (South Texas Law Review, Vol. 50, No. 743, 2009).
From SmartCILP and elsewhere;
- Casey Luskin, Does Challenging Darwin Create Constitutional Jeopardy? A Comprehensive Survey of Case Law Regarding the teaching of Biological Origins, 32 Hamline Law Review 1 (2009).
- Don Ellinghausen, Jr., "In Standing Is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience, 16 Missouri Environmental Law & Policy Review 474-520 (2009).
- Kent Greenawalt, The Rule of Law and the Exemption Strategy, 30 Cardozo Law Review 1513-1534 (2009); Marci A. Hamilton, A Response to Professor Greenawalt, 30 Cardozo Law Review 1535-1543 (2009).
- Andrew P. Morriss & Benjamin D. Cramer, Disestablishing Environmentalism, 39 Environmental Law 309-396 (2009).
- David M. Smolin, The Civil War As a War of Religion: A Cautionary Tale of Enslavement and Emancipation, 39 Cumberland Law Review 187-237 (2008-2009).
- Manisuli Ssenyonjo, Limits On the Freedom To Manifest One's Religion In Educational Institutions in Uganda and the United Kingdom [Abstract], 7 I.Con: International Journal of Constitutional Law 275-305 (2009).
- Religion in the Workplace. [Full text of all articles.] Foreword by Fouad A. Riad; articles by Kenneth D. Wald, Lorne Sossin, Francois Gaudu, Achim Seifert, Nurhan Sural, Mark Freedland, Lucy Vickers and William W. Van Alstyne; afterword by Alain Supiot. 30 Comparative Labor Law & Policy Journal 465-653 (2009).
Sunday, July 12, 2009
Catholic Chaplains Complain About California's Proposed Lethal Injection Protocol
The proposed regulations require that 45 days before execution:
3349.3.1(e) The Chaplain shall:Then ten days before execution:
(1) Interview the inmate to assess the inmate’s spiritual and emotional well-being.
(2) Determine the inmate’s religious preferences and needs, next of kin, funeral or other requests, attitudes or thoughts on death and dying, and note any observations regarding the inmate’s emotional stability such as acceptance of the sentence of death.
(3) Formulate these observations into a written report and submit it to the Warden within sufficient time to meet the Warden’s 20-day report deadline.
3349.3.3(f) The Chaplain shall deliver a written report to the Warden regarding the emotional state of mind of the inmate. These observations shall be limited to contacts made within three days preceding preparation of the report.Chaplains are concerned that these requirement may call for them to reveal information received in confidence from the prisoner which currently is protected by the clergy-penitent privilege.
Rights Group Says Arrest By Saudi Religious Police Led To Honor Killing
British House of Lords Keeps Free Speech Defense To Inciting Hatred Against Gays
In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.The Labour government had proposed elimination of the defense, but Lord Waddington, former Conservative party Home Secretary, proposed an amendment to retain it which was the subject of Thursday's vote. The House of Lords has posted the full text of the debate on the amendment. The Independent and BBC News both reported on the House of Lords action.
Recent Prisoner Free Exercise Cases
In Riley v. Doe, 2009 U.S. Dist. LEXIS 56406 (MD TN, July 2, 2009), a Tennessee federal district court rejected a complaint that prisoners of the Christian Identity faith are not permitted to meet for group worship. The denial stemmed merely from the mistaken belief by the prison director of religious services that Christian Identity was classified as a Security Threat Group.
In Miska v. Middle River Regional Jail, 2009 U.S. Dist. LEXIS 56661 (WD VA, July 2, 2009), a Virginia federal district court rejected an inmate's complaint that his free exercise rights were violated when he was prevented from attending Communion and Confession one time while in segregated confinement.
In Caldwell v. Folino, 2009 U.S. Dist. LEXIS 56838 (WD PA, July 1, 2009), a Pennsylvania federal magistrate judge concluded that an inmate's free exercise rights were not violated when corrections officers searched his medicine bag and made disparaging comments about its contents.
In Mayo v. Briggs, 2009 U.S. Dist. LEXIS 57378 (ED VA, July 6, 2009), a Virginia federal district court adopted a magistrate's recommendations and dismissed an inmate's lawsuit for damages and a change in the jail's policy. Plaintiff claimed that authorities refused to permit him to attend Muslim Jumah services. The refusal was based on plaintiff's identifying himself as Christian, not Muslim, when he arrived at the jail.
In Mayne v. State, 2009 U.S. Dist. LEXIS 57678 (D NJ, July 7, 2009), a New Jersey federal district court permitted plaintiff to proceed with his complaint that while under house arrest and electronic monitoring, his parole officer refused to permit him to attend Catholic religious services.
In Thomas v. Little, 2009 U.S. Dist. LEXIS 57568 (WD TN, July 6, 2009), a Tennessee federal district court dismissed claims by an inmate that his free exercise rights, and his rights under RLUIPA were infringed by prison policy that allows Muslim inmates to buy prayer oil only from a single approved supplier.In Anderson v. Harron, 2009 U.S. Dist. LEXIS 57986 (D NJ, July 7, 2009), a New Jersey federal district court rejected an inmate's complaint that his rights under the 1st Amendment and RLUIPA were infringed when he was temporarily removed from the jail's Ramadan meal program. The court also rejected his complaint that the jail did not facilitate weekly group Jumah prayers among the Muslim prisoners.
Saturday, July 11, 2009
Group Presses 2 California Cities To End Sectarian Invocations
Tracy's prayer policy may be inclusive in its intentions, but it's exclusive in its practice of rotating only those religious leaders (all Christian, like the council) who have come forth to offer invocations. It makes political outsiders of those constituents who don't share religious beliefs.Meanwhile the LA Church and State Examiner reports that Lodi City Council will consider a resolution next month to require that invocations be non-sectarian. However Navy Chaplain Gordon James Klingenschmitt's "Pray in Jesus' Name Project" that favors Lodi's existing policy plans a prayer vigil at city hall on August 5, the scheduled date of the City Council vote.
Nominee To Head NIH Is Strong Advocate For Compatibilibty of Science and Faith
BioLogos represents the harmony of science and faith. It addresses the central themes of science and religion and emphasizes the compatibility of Christian faith with scientific discoveries about the origins of the universe and lifeBioLogos' press release on Collins' nomination says that if he is confirmed, his leadership role at BioLogos will be assumed by Drs. Darrel Falk and Karl Giberson.
UPDATE: The Senate confirmed Collins by voice vote on Aug. 7. (Fresno Bee.)
Summum's Challenge To Duchesne City Dismissed After Case Was Mooted
Ireland Passes New Blasphemy Law, Reducing Penalties for Violation
(2) For the purposes of this section, a person publishes or utters blasphemous matter if—Ireland's Constitution (Art. 40) requires that the country have a law banning blasphemy. the new law substantially reduces the penalty for the offence from that in the 1961 Defamation Act (Sec. 13) that provides a fine and up to 7 years in prison for blasphemy. Reuters reported yesterday that atheists say they will quickly test the new law. They claim it is discriminatory by protecting only religious beliefs.
(a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial
number of the adherents of that religion, and
(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
(4) In this section "religion" does not include an organisation or cult—
(a) the principal object of which is the making of profit, or
(b) that employs oppressive psychological manipulation— (i) of its followers, or
(ii) for the purpose of gaining new followers.
Arizona Governor Signs Students' Religious Liberties Act
Students are permitted to wear clothing that displays a religious message, or religious jewelry, to the same extent that clothing or jewelry with other messages or symbols is allowed. The law specifically, though, permits banning of clothing and accessories denoting criminal street gang affiliation. The new law goes on to provide that it shall not be interpreted to require any student to participate in prayer or other religious activity, or to otherwise violate a student's constitutional rights. Finally it requires exhaustion of internal administrative complaint procedures before a parent or student may bring a lawsuit to enforce the provisions of the statute. AP reported on the signing of the bill.
Friday, July 10, 2009
President Obama Meets With Pope Benedict XVI
A good deal of press attention has been directed at the gifts that the two leaders exchanged. The Pope gave Obama a copy of the Vatican's document on bioethics, Dignitas Personae, as well as a copy of his newest encyclical, Caritas in Veritate (Charity in Truth). (See prior posting.) Obama said light-heartedly that this would give him some reading material for the plane. The Pope also gave Obama a mosaic depicting St. Peter's Square. Meanwhile, Obama presented the Pope with a stole that had been draped for 18 years on top of the remains of Saint John Neumann, the first American bishop to be formally canonized. The Washington Post has a lengthy account of the meticulous efforts that went into the US choice of this gift.
Ahead of the meeting, commentators suggested that the Vatican is more willing to seek common ground with Obama than are the American Bishops who have been more confrontational. The New York Times yesterday reported on the differences in approach.
British Methodists Ban Its Members From Joining British National Party
Canadian FLDS Faces Property, Polygamy Prosecution, Issues
Yesterday's Toronto Globe & Mail focused on how litigation to reform the FLDS United Effort Plan Trust will impact FLDS property in Bountiful that is also owned by the trust. Bruce Wisan, who was appointed by a Utah court as special fiduciary to administer and reform the UEP trust, says that there may need to be a housing board chosen from the Bountiful community to deal separately with privatizing the Canadian properties. Wisan also says that if the Utah court approves privatization,wives names will be added to their husband's on deeds for the properties-- giving attention to which wives live in which houses.
Meanwhile, the leaders of each of the two FLDS factions in Bountiful have been criminally charged with polygamy by a British Columbia prosecutor. One of the defendants, Winston Blackmore, is seeking to have the indictments quashed. Yesterday's Toronto Globe & Mail reports that B.C. Supreme Court Justice Sunni Stromberg-Stein, in a memo to counsel, indicated doubts that she had jurisdiction to order dismissal of a case that has not yet been appealed to the Supreme Court. Therefore she suggested to counsel that they file a new petition, seeking review of former attorney-general Wally Oppal's decision to essentially "shop" for prosecutors until he found one who was willing to file the polygamy charges.