Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, October 22, 2009
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 SanterĂa'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 SanterĂa. "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.
Congress Passes Extension of Special Immigrant Nonminister Religious Worker Program
6th Circuit Hears Oral Arguments In Long-Running 10 Commandments Case
Tentative Settlement Reached in "Flying Imams" Case
Tuesday, October 20, 2009
Vatican Invites Conservative Anglicans Into New Affiliation
[T]he Catholic Church is responding to the many requests that have been submitted to the Holy See from groups of Anglican clergy and faithful in different parts of the world who wish to enter into full visible communion.... [T]he Holy Father has introduced a canonical structure that provides for such corporate reunion by establishing Personal Ordinariates, which will allow former Anglicans to enter full communion with the Catholic Church while preserving elements of the distinctive Anglican spiritual and liturgical patrimony. Under the terms of the Apostolic Constitution, pastoral oversight and guidance will be provided for groups of former Anglicans through a Personal Ordinariate, whose Ordinary will usually be appointed from among former Anglican clergy.Bloomberg News characterizes the new initiative as a way "to integrate disaffected Anglicans and enable the faith's married priests to become Roman Catholic clerics." In London, Roman Catholic Archbishop Vincent Nichols of Westminster and Anglican Archbishop Rowan Williams issued a joint statement saying that today's announcement from the Vatican "brings to an end a period of uncertainty for such groups who have nurtured hopes of new ways of embracing unity with the Catholic Church." However, writing in the London Telegraph, Jonathan Wynne-Jones says this about the developments:
Interestingly, the archbishop says that "this new possibility is in no sense at all intended to undermine existing relations between our two communions or to be an act of proselytism or aggressions". He is either putting on a brave face for the sake of Anglican pride, being incredibly naive or had this part dictated to him by somebody in Rome. For there is no way that this won't undermine the archbishop’s position and weaken the Church of England.Meanwhile in the United States, the head of the U.S. Conference of Catholic Bishops quickly issued a statement from Washington saying in part:
Today the United States Conference of Catholic Bishops has received word of the new Provision in the form of an apostolic constitution issued by the Holy See for the reception into full communion with the Catholic Church of groups from the Anglican tradition. The USCCB stands ready to collaborate in the implementation of that Provision in our country.The New York Times reports on today's news conference held in the Vatican by Cardinal William Levada, the prefect for the Congregation for the Doctrine of the Faith:
Asked at the Vatican news conference what would happen if an Anglican congregation led by a woman priest wanted to join the Catholic Church, Cardinal Levada smiled and said, “I would be surprised” if that happened.
Justice Kennedy Reinstates Injunction Against Release of Petition Signers' Names
UPDATE: On Tuesday, the full Supreme Court (Justice Stevens dissenting) confirmed Justice Kennedy's reinstatement of the district court's preliminary injunction, "pending the timely filing and disposition of a petition for a writ of certiorari." (Full text of order.) [Thanks to Eugene Volokh for the lead.]
South Carolina Republican Officials Use Anti-Semitic Stereotypes
There is a saying that the Jews who are wealthy got that way not by watching dollars, but instead by taking care of the pennies and the dollars taking care of themselves. By not using earmarks to fund projects for South Carolina and instead using actual bills, DeMint is watching our nation’s pennies and trying to preserve our country’s wealth and our economy’s viability to give all an opportunity to succeed.JTA reports on the letter, quoting a conservative website in the state (The Palmetto Scoop) that said remarks like these "make many folks fear for the future of the once Grand Ole Party."
UPDATE: AP reported on Tuesday that the two county Republican officials have apologized for their remarks. Ulmer's apology was straight forward; however the apology from Merwin still suggested he did not understand the history of the stereotype he invoked. He said his original statement was was "truly in admiration for a method of bettering one's lot in life" and he meant nothing derogatory.
Opposing Religious Coalitions Active On Maine's Same-Sex Marriage Ballot Issue
Asst. Secretary of State for Democracy, Human Rights and Labor Sworn In
Smithsonian Will Add Evolution Exhibit; Explore Religion and Science
Monday, October 19, 2009
Wilmington Catholic Diocese Files For Chapter 11 Protection
UPDATE: According to Thursday's Wilmington News Journal, attorneys for clergy abuse victims will ask the bankruptcy court to include property of the parishes along with diocesan property as assets in the bankruptcy proceeding. The Diocese is incorporated under Delaware's nonprofit corporation law, while each parish is individually incorporated under either the Delaware or Maryland statue relating to religious societies or religious corporations.
IRS Receives Comments On Proposed Church Audit Rule Change
Recent Articles of Interest
- Roberta Rosenthal Kwall, Book Review: Intellectual Property Law and Jewish Law: A Comparative Perspective on Absolutism, (Yale J. Law & Humanities, Vol. 22, 2010).
- Susan J. Stabile, Vocation, Formation and the Next Generation: The Role of Catholic Law Schools in Light of Catholic Social Thought, (Villanova Journal of Catholic Social Thought, Forthcoming).
- LĂ¡szlĂ³ Blutman, In Search of a Legal Definition of Religion, (Americana, Vol. V, No. 1, Spring 2009).
- Robert F. Blomquist, Beyond Historical Blushing: A Plea for Constitutional Intelligence, (2009 Cardozo L. Rev. de novo 244).
From SmartCILP:
- Brian Bloch, Creating a Faith-Based Conflict Management System, 14 Harvard Negotiation Law Review 249-270 (2009).
- Samantha Crane, Book Review, (Reviewing Carol Gilligan and David A.J. Richards, The Deepening Darkness: Patriarchy, Resistance, & Democracy's Future), 32 Harvard Journal of Law & Gender 505-533 (2009).
- Douglas NeJaime, Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation, 32 Harvard Journal of Law & Gender 303-381 (2009).
- Mark Strasser, When Churches Divide: On Neutrality, Deference, and Unpredictability, 32 Hamline Law Review 427-475 (2009).
British MPs Want Christian References Removed From Constitutions of Territories
we consider it inappropriate that both the preamble and the main text contain specific reference to the Christian religion and "Christian values". This gives the impression, even if it is a misleading one, that Christians will be granted more favourable treatment under the Constitution than people of other faiths or of none. Second, we regret the absence of explicit mention of sexual orientation as a prohibited ground for discrimination in clause 16.In examining the draft of the proposed Constitution from St. Helena, Ascension Island and Tristan da Cunha, the Committee objected to a reference to "Christian and family values" in the Preamble. However in a letter, the Commonwealth Office said that other provisions in the document assure protections against religious discrimination. Meanwhile church leaders in Britain criticized Parliament for its concern with "spurious political correctness."
U.S. Attorney General Speaks On Hate Crimes
Crimes against Muslims and those perceived to be Muslim have escalated dramatically since September 11th. Some hate-mongers seem to have adopted the twisted logic that an attack on innocents can somehow be avenged by another attack on innocents.... I have heard from Muslim Americans who feel uneasy about their relationship with our government, who feel isolated and discriminated against by law enforcement. They report feeling denied the full rights of citizenship and also, just as importantly, the full responsibilities of citizenship.
I realize that we can become emotionally overwhelmed by acts of terror committed in the name of Islam. We can, perhaps, fail to see that virtually all Muslim Americans are, just like us, trying to do what all Americans wish to do - lead fulfilling, honorable lives, raise their children, love their families, support their communities, and serve their country. The tension that arises among citizens of different faiths, and between government and citizens of a particular faith, is unacceptable to me. It is inconsistent with what America is all about.
Cyprus Benefits From No Civil Marriage Laws In Israel and Lebanon
Sunday, October 18, 2009
9th Circuit: Names of Referendum Petition Signers Can Be Released
Canadian Court Decides Dispute Between Church Factions Over Control of Funds
Recent Prisoner Free Exercise Cases
In Albrecht v. Williams, 2009 U.S. Dist. LEXIS 95070 (D NJ, Oct. 13, 2009), a New Jersey federal magistrate judge found that there were factual disputes that precluded summaryjudgement for either side ina suit by a Catholic prisoner who complained that he was disciplined for refusing to work at his prison job on Sundays, while accommodations were made for Jews, Muslims and Seventh Day Adventists to avoid work on their Sabbaths.
In Henderson v. Hubbard, 2009 U.S. Dist. LEXIS 95652 (ED CA, Sept. 25, 2009), a California federal district court refused to issue a preliminary injunction granting a Muslim prisoner conjugal visits. Plaintiff claimed that his religious faith mandates sexual intercourse with his spouse.
In Nixon v. Brown, 2009 U.S. Dist. LEXIS 95610 (SD FL, Oct. 14, 2009), a Florida federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 95615, Sept. 18, 2009) finding that a former prisoner sufficiently stated a claim that he was prevented from worshiping and that his Kufi cap was confiscated. However his claim for declaratory and injunctive relief is now moot and he is not entitled to recover damages for emothonal injury unaccompanied by physical injury.
In State of Vermont v. Hall, (VT Sup. Ct., Oct. 8, 2009), the Vermont Supreme Court held that an inmate's free exercise rights are not violated by requiring him to submit a DNA sample.
Saturday, October 17, 2009
Tax Liens Complicate Efforts To Reform FLDS UEP Trust
UPDATE: Sunday's Dallas Morning News has a long article that more broadly reviews the unexpected problems being faced being faced by the state of Utah in its attempts to reform the UEP Trust.
Canadian Court Hands Down Decision In Botched Ritual Circumcision Case
The exact nature of the accused's religious beliefs is not clear. He is not Jewish, but follows both the Old and New Testaments of the Bible. He believed that it was necessary to circumcise his son before Passover. Counsel argued that defendant was entitled to relief in the nature of a constitutional exemption under s. 24(1) of the Charter of Rights and Freedoms. Wednesday's Vancouver Sun reports on the decision.
British National Party Agrees To Eliminate Racial Membership Limits
Plaintiff Who Challenged Teacher's Remarks Now Speaks At Republican Fund Raisers
Friday, October 16, 2009
Group Challenges Constitutionality of IRS Parsonage Allowance Provisions
Section 107 exempts from income the rental value of a parsonage, or the amount of a parsonage allowance, furnished to a "minister of the gospel." Section 265(a)(6) allows a minister of the gospel to claim deductions interest and property taxes, even though the money used to pay such amounts was received from a church in the form of a tax-exempt §107 allowance. The concern is not a literal interpretation of "minister of the gospel"-- courts have not limited application of these IRS regulations to Christian denominations. (Background). Instead the objection is to the requirement that to be deductible, the parsonage allowance must be received as compensation for service performed in the exercise of a religious ministry. This requires an examination of whether the clergy person is performing religious worship or conducting the activities of a religious organization.
The lawsuit also challenges Sections 17131.6 and 17280(d)(2) of the California Revenue and Taxation Code which track the federal provisions being challenged. ABC News 10 reported on the lawsuit.
Colbert's Satirical Review of Arguments In Sunrise Rock Cross Case
The Colbert Report | Mon - Thurs 11:30pm / 10:30c | |||
The Word - Symbol-Minded | ||||
http://www.colbertnation.com/ | ||||
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President Attends White House Diwali Celebration
Supreme Court Hears Arguments On Attorneys' Fees In Civil Rights Cases
USCIRF Urges Secretary of State To Press Iran On Religious Freedom
NY City Council Candidate Is a Neopagan Priest
Christian Sports Camp Group Sues School That Excluded Its Flyers
Thursday, October 15, 2009
Ute Tribal Court Rejects Religious Challenge To Fish Hatchery
Virginia Supreme Court Will Review Episcopal Church Case
Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case
One Faith-Based Task Force Urges Involvement In Israeli-Palestinian Issues
Meanwhile, the task force on reform of the faith-based office proposed three recommendations for strengthening church-state separation: (1) Strengthen prohibitions against proselytizing program beneficiaries; (2) Post a list of grant recipients online; and (3) Strengthen language in the Executive Order creating the Office to emphasize that following constitutional principles is as important as distributing funds efficiently.
2nd Circuit: Ministerial Exception, Not RFRA, Bars Pastor's ADEA Suit
South African Court Rules Forced Circumcision of Teenager Is Unconstitutional
Russia's Justice Ministry Proposes Controversial Religion Law Amendments
Wednesday, October 14, 2009
Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections
Court Says Church Could Be Liable For Harassment of Summer Camp Employees
British Tribunal Reverses Exclusion of Dutch Politician Geert Wilders
Brooklyn's Ultra-Orthodox Jews More Willing To Use Civil Authorities In Abuse Cases
UPDATE: According to Wednesday' Forward, despite these developments several national rabbinic leaders urge that Orthodox rabbinic courts continue to screen allegations of sexual abuse to decide whether they should be forwarded to civil law enforcement authorities.
Florida Judge Will Order Teenage Convert Back To Ohio's Jurisdiction
Florida Circuit Court Judge Daniel Dawson says he will not order the girl returned until her family submits paper work clarifying her immigration status which so far have not been forthcoming despite several court orders seeking them. He also wants assurances that Rifqa will be able to continue studying in a Florida online school. Several people in an Ohio courtroom participated by phone in yesterday's hearing in Florida, including lawyers for Rifqa's parents, her Ohio lawyer, an Ohio prosecutor and a judge. Rifqa spent much of the hearing thumbing through a Bible.
California Governor Vetoes Bill Mandating Police Educational Material On Kirpans
Tuesday, October 13, 2009
Postal Service's 2009 Holiday Stamps Are Being Issued
Also at the New York ASDA show last week, the Postal Service issued a new Hanukkah stamp featuring a Menorah with nine lit candles and a new brightly colored Kwanzaa stamp. A second Christmas stamp featuring an angel playing a lute was originally also going to be issued this year, but was dropped because of the Postal Service's budget problems. (Stamp News 3/19/2009.)
Senate Majority Leader Criticizes Mormon Church's Support For Proposition 8
Recent Prisoner Free Exercise Cases
In Lewers v. Pinellas County Jail, 2009 U.S. Dist. LEXIS 92702 (MD FL, Sept. 18, 2009), a Florida federal district court held that a Jewish inmate may proceed with his claim that he was denied a kosher diet. However it rejected his claim that he is entitled to be furnished free of charge with Jewish reading materials, a Torah and a Talmud. The court held that plaintiff failed to adequately allege an equal protection claim, but gave him leave to file an amended petition to cure pleading deficiencies as to his free exercise claims.
In Holley v. Johnson, 2009 U.S. Dist. LEXIS 94126 (WD VA, Oct. 1, 2009), a Virginia federal district court held that plaintiff had adequately alleged violations of his rights under RLUIPA and the First Amendment stemming from confiscation of religious materials and denial of the Common Fare Diet. Plaintiff claimed that the only reason for these actions was that prison authorities do not consider Nations of Gods and Earths to be a religion. The court held that an inmate's sincere, but personal, religious beliefs are entitled to consideration regardless of whether they are shared by all of the members of a religious sect.
Conservative Christian Groups Oppose Current Heath Care Reform Proposals
We oppose funding for abortion. Abortion is not healthcare. We support the sanctity of human life from conception to natural death.... We support conscience laws protecting hospitals and healthcare providers from coerced participation in abortion. We oppose government policies pressuring people to forgo or limit treatment because of age or illness..... Every proposed bill funds abortion, including the so-called Baucus bill from the Senate Finance Committee. This is unacceptable. We will not support any bill that funds abortion.
... We support legal reform to stop frivolous lawsuits ...[,] portability, allowing people to take their healthcare with them so it is not tied to employment...[,] options to purchase health insurance across state lines.... We support competition; coverage of pre-existing conditions; wellness care and prevention incentives; tax relief that provides a dollar-for-dollar deduction for every dollar spent on premiums or other medical or prescription costs; and a dollar-for-dollar tax deduction with no limit from gross income for every dollar contributed to nonprofit organizations providing healthcare for free or at reduced cost to the needy..... We oppose a single-payer, government-run insurance program or the so-called public option.
Monday, October 12, 2009
Christian Scientists Want Coverage Under Health Care Reform Bill
Two Pentecostal Churches In Britain Cited For Loud Music
Recent Articles of Interest
- Prakash Shah, Coping with Super-Diversity in Law: Thoughts on the British Scene, (Religion and Law in Multicultural Societies, Rubya Mehdi et. al., eds., pp. 63-81, DJĂ˜F Publishing, 2008.)
- Scott C. Idleman, A Legal Perspective on Conflicts Involving Religious Communities, (Marquette Law School Legal Studies Paper No. 09-35, July 2009).
- Zvi H. Triger, The Gendered Racial Formation: Foreign Men, "Our" Women, and the Law, (Women's Rights Law Reporter, Vol. 30, No. 3/4, 2009).
- Justin G. Holbrook, Legal Hybridity in the Philippines: Lessons in Legal Pluralism from Mindanao and the Sulu Archipelago, (October 9, 2009).
From SmartCILP:
- Jonathan Cohen, Kosher Slaughter, State Regulation of Religious Organizations, and the European Court of Human Rights, 4 Intercultural Human Rights Law Review 355-386 (2009).
- Matthew Steilen, Parental Rights and the State Regulation of Religious Schools, 2009 BYU Education & Law Journal 269-339.
Restoring Historical Cross Explored By California City
Egyptian Islamists Sue Top Cleric Over His Ban on Niqab At Al-Ahzar
Vermont Supreme Court Remands Clergy Sex Abuse Case For New Trial, Ruling For Plaintiff
Defendant does not argue that the common law of negligence is something other than a neutral law of general applicability or that it is directed specifically towards a religious belief or practice of defendant. Nor has defendant identified a specific doctrine or practice that will be burdened if plaintiff’s suit goes forward. We do not believe defendant’s generalized assertion that requiring it to hire and supervise priests in a non-negligent manner would constitute undue interference in church governance.Rejecting defendant's religious autonomy claim, the court said that "the claim was not brought under church law, nor did it seek to enforce the duties of defendant according to religious beliefs." The court also held that summary judgment should not be granted to defendant on statute of limitations grounds.
Finally the court held that the trial court should have excused for cause a juror who was a member of the defendant Diocese. The Court rejected the argument that permitting this challenge for cause would amount to religious discrimination. This finding led the Court to vacate the judgment and remand the case for a new trial.
Yesterday's Bennington (VT) Banner reported on this decision, as well as on another unrelated case in which a trial court jury in Chittenden, Vermont on Friday handed down a $2.2 million verdict in a suit against the same Catholic Diocese in a different clergy child molestation case.
Sunday, October 11, 2009
State Court Decision In Synagogue Dispute Leads To Self-Help
Not deterred, members of BYOF tapped electricity from a neighboring property and ran a hose with water from there to their synagogue. Then, according to the paper's account, along came "Joseph Waldman, a onetime dissident firebrand ... who prays three times a day at the dissident synagogue." He commandeered a truck carrying portable toilets and, with fellow congregants, took the toilets onto BYOF grounds. According to the paper: "Equipped with improvised utilities, dissidents continued using the synagogue during Sukkot last week, but their Planning Board application still looms, and more legal fighting is certain."
UPDATE: BYOF has been held in contempt by a state trial court judge for continuing to use the premises without submitting a site plan for review. The court ordered the synagogue closed within 5 days. (Times Herald-Record, 12/3/2009).
Federal Jury Rejects Religious Discrimination Claim By Indiana City Employee
Appellate Court Reinstates Pakistani Muslim's Employment Discrimination Claims
Presidential Statement, Official Delegation Hail Canonization of Fr. Damien
Ohio Judge Again Enjoined From Displaying Poster Featuring 10 Commandments
UPDATE: The Oct. 13 Mansfield News Journal reports that Judge DeWeese has complied with the federal court order by placing a dark blue drape over his display and posting on the drape a statement objecting to censorship which he says was imposed because "the ACLU was offended" by reading his essay.
Friday, October 09, 2009
San Francisco Catholic Archdiocese Battles City Over Transfer Tax Liability
NY Appellate Court Refuses To Adjudicate Validity of Hindu Marriage Rites
City Will Post "In God We Trust"
Illinois Cancels Controversial Grant To Historic Church For Rebuilding
New Hampshire Noise Law Challenged By Two Evangelists
NY Finds That Restaurant Discriminated Against Falun Gong Patrons
Catholic Archbishop Speaks Out On Government's Relationship With Catholics
Caesar wears a different suit. He has great media handlers. He bullies religion while he claims to respect it. He talks piously about the law and equality and tolerance and fairness. But he still confuses himself with God –and he still violates the rights of Catholic believers and institutions by intruding himself where he has no right to be....Earlier this week, Chaput published an article in the Italian newspaper Il Foglio criticizing Notre Dame University's award of an honorary degree to President Obama last Spring.
It's one of the great ironies of the moment that tiny Belmont Abbey would have the courage to challenge Caesar over its right to be faithfully Catholic in its policies, while so many other American Catholics seem eager to give Caesar honors.