Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, January 04, 2006
Dover School Board Rescinds Intelligent Design Policy
Tuesday, January 03, 2006
Italian Case On Proving Existence of Christ Proceeds
In an e-mail sent last September to the Archbishop of Bologna, Cascioli said he would drop the suit if Righi offered just one proof of the existence of Jesus. Cascioli has made many of the documents in his lawsuit available on his website. From the complaint, here is an excerpt from his explanation of the charges:
According to article 661 of the Italian Penal Code, there is an abuse of popular credulity when someone, by means of fraud, deceives a great number of people. In this particular case, the ministers of religion of the Catholic Church, like Righi in the present case, by committing historical falsity, therefore presenting invented facts as if true and actually occurred – but useful to religious doctrine – they deceive all the people that come into contact with the teachings of such religion, by inducing them to believe in that religion, not on the basis of purely theological reasoning (totally legitimate and admissible), but on the basis of a deceptive representation of the facts.
Vermont Enforces Unconstitutional Liquor Regulation
Sikh Temple Dispute Goes On As Members Await Court Appeal
A Cuyahoga County Common Pleas Court judge ruled in 2004 that the Temple's membership could be expanded with the many newcomers and that all members are entitled to vote and view financial records. That paved the way for the new leadership. But the old leaders filed a notice of appeal and aruge that until the 8th Ohio District Court of Appeals rules, they should remain in place as Temple leaders.
Two Prisoner Cases From A Few Months Ago
In Pineda-Morales v. De Rosa, 2005 U.S. Dist. LEXIS 37179 (D. NJ., July 6, 2005), a prisoner complained that he was not allowed separate services for the Apostolic Faith Church, arguing that the "trinity doctrine" of other Protestant churches was inconsistent with teachings of his faith. The court denied prison officials' summary judgment motion on one claim, finding that questions of fact remained on whether prison officials employed the least restrictive means when they denied denominational recognition and Saturday meeting time to Plaintiff's group. However summary judgement on various other claims was granted based on exhaustion, statute of limitations and immunity.
Monday, January 02, 2006
Op-Ed Criticizes Democrats' Outreach To Religious Voters
Pending Federal Legislation On Religious Liberty and Church-State
- Workplace Religious Freedom Act- S.677; H.R. 1445.
- Houses of Worship Free Speech Restoration Act- H.R. 235.
- Denial of tax exemption for discriminatory social clubs- H.R. 237.
- Family Education Freedom Act- H.R. 406.
- Bill to allow clergy to revoke their Social Security exemption- H.R. 451.
- Trade sanctions for countries that violate human rights- H.R. 967.
- Tools For Community Initiatives Act- H.R. 1054.
- Tax code's definition of "convention or association of churches"—H.R. 1411.
- Responsibility of pharmacies to fill prescriptions- H.R. 1539, H.R. 1652, S. 809.
- Liberty List Act- H.R. 1662.
- War Memorial Preservation Act—H.R. 2229.
- Religious Freedom Peace Tax Fund Act- H.R. 2631.
- Public Expression of Religion Act- H.R. 2679.
- Commission on Religious Freedom and Respect in the Armed Forces- H.R. 3108.
- Disaster Relief Equity Act- H.R. 3208.
- Religious exemption from furnishing tax identifying numbers- H.R. 3410.
- Voluntary non-denomination prayer at military academies- H.R. 3430.
- Reinstating harboring sanctions for paid alien religious volunteers- H.R. 4321.
- Public Prayer Protection Act- H.R. 4364.
- Extending Equal Access Act to Elementary schools- S. 483.
Role of Shariah In Malaysia Increasingly Questioned
Colorado Mayor Launches Faith-Based Program
Sunday, January 01, 2006
Happy New Year To Religion Clause Readers
Dear Religion Clause Readers,
Happy New Year. A bit over 8 months ago, I began this blog, somewhat on a whim, but with the perception that there was a need for the type of coverage it provides. A half hour after the New Year arrived on the East Coast of the United States, visitor number 22,228 logged onto Religion Clause. That hardly ranks it at the top of world readership, but I am pleased to have attracted those numbers.
Thanks in particular to my regular readers. Your comments, tips, and links from your own blogs are appreciated. If you enjoy Religion Clause, please take a moment today to e-mail others who you think might like to add the blog to their daily reading.
I invite all readers to e-mail me with comments or ideas-- whether on coverage, format, linking policy or other topics. I cannot promise to incorporate every suggestion—after all one of the virtues of blogs is that they permit an author to indulge a personal style and approach without the intervention of editors and marketers. However, I will read all suggestions with an open mind. Happy New Year!
[photo from New Media Journal.us]
Conscientious Objector Claims In U.S. Military Growing
Saturday, December 31, 2005
Creditors of Portland Archdiocese Can Reach Parish Properties
In the major opinion, the court rejected First Amendment challenges to its jurisdiction, holding that a determination of whether parish properties are part of the bankruptcy estate does not involve its deciding a theological or doctrinal matter. Finding that the Archdiocese had not separately incorporated its parishes or schools, the court said:
What defendants ask this court to do in the name of religious freedom is to disregard the choice debtor has made about how to hold property under civil law, because of their argument that the choice leads to a result not consistent with canon law. It is not for the civil courts to enforce canon law if the actions of the religious organization under applicable civil law do not effectuate what canon law requires.However, the court had more difficulty with the Archdiocese claim that the Religious Freedom Restoration Act protected it from having church and school properties sold off to satisfy creditors' claims. In its second opinion, focusing on the bankruptcy trustee's right to ignore claims of parishes and schools to the properties, the court said:
that there is a question of fact whether application of the avoidance powers under Sec. 544(a)(3) might substantially burden the exercise of religion in violation of RFRA, if it were to result in the loss of so many parish churches and Archdiocesan high schools that it would leave defendants with no place to worship and study.However the court left that determinationn to future litigation, suggesting that it might limit the number of properties that could be sold off.
Finally, a third opinion focused on the scope of questioning that the Tort Claimants Committee could engage in when taking the depositions of the Archbishop and other witnesses. Among other things, the court held that the First Amendment does not protect against questions about internal church governance where that is relevant to the Church's patterns, practices, and policies in addressing priest sexual misconduct with minors.
The Associated Press, reporting on the opinions, points out that they mirror an earlier decision in the bankruptcy of the Diocese of Spokane, Washington.
Atypical RLUIPA Issues Decided
Lighthouse Institute For Evangelism, Inc. v. City of Long Branch, 2005 U.S. Dist. LEXIS 36425 (D NJ, Dec. 27, 2005) involved a challenge to Long Branch, New Jersey's Redevelopment Ordinance by a church that wished to locate in an area in which churches were not a "permitted use." One of the church's RLUIPA claims was brought under 42 USC 2000cc(b): "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." Rejecting the approach of some other courts, New Jersey federal district Judge William Walls held that subsection (b) is violated only if there has been a "substantial burden" placed on the church's free exercise of religion.
The opinion in Williams v. Gerges, 2005 U.S. Dist. LEXIS 36958 (ED NY, July 26, 2005), which has only recently become available even though it was decided 5 months ago, holds that the four year statute of limitations under 28 USC 1658(a) applies to RLUIPA actions. That provision applies to civil actions arising under any federal law enacted after December 1, 1990. This is so even thought the statute of limitations for a First Amendment claim brought under 42 USC Sec. 1983 may be shorter. Courts have found the limitations period under Section 1983 to be the statute of limitations applicable to personal injury actions occurring in the state in which the federal court sits.
Friday, December 30, 2005
It's Not Over In Dover-- Election Re-Run For 1 Board Seat Tuesday
California's Extension of Time To Sue For Childhood Sexual Abuse Upheld
The court concluded that SB 1779 does not burden the Church's choice, supervision or retention of priests, and that the financial burden in defending lawsuits is not a burden on religious belief or practice. It also found that the statute does not favor or disfavor one religion over others, nor will it lead to excessive entanglement of Church and state. The court found that the claim that defendants due process rights were violated is premature and that SB 1779 is not per se unconstitutional under the Due Process Clause. Finally, it rejected the ex post facto and bill of attainder claims.
Reporting on the decision, last week's Los Angeles Times pointed out that this is the second case to reject constitutional challenges to SB 1779.
NJ Township Permits Creation Of Eruv
Thursday, December 29, 2005
Top Ten 2005 Church-State/ Free Exercise Developments
1. Supreme Court rules on 10 Commandments displays.
2. Intelligent Design is at center of public controversy.
3. Supreme Court nominees are scrutinized over their 1st Amendment religion views.
4. The "Christmas wars" heat up-- "holiday" vs. "Christmas".
5. Government funding of faith-based organizations remains controversial.
6. Proselytization at the Air force Academy creates controversy.
7. RLUIPA is upheld as constitutional by Supreme Court and lower courts.
8. Courts strike down sectarian legislative prayers.
9. Christian student groups demand university recognition: non-discrimination vs. free exercise.
10. Accommodation of Muslim religious beliefs and practices increases.
Also you might want to compare my picks with the Religion Newswriters Association's top 10 news events of 2005, a somewhat broader category than mine.
Judge Denies Request To Amend Indiana Legislative Prayer Ruling
Hindu Couple Appeals Ban On Cows In City Limits
Contempt Finding After Settlement Of Church Dispute Dismissed
RLUIPA and Church Signs
Wednesday, December 28, 2005
O Centro Oral Argument Transcript Now Online
Hawaiian Group In Contempt For Refusing Disclosure of Artifacts
Orthodox Jewish Group Supports Alito
Malaysia Court Rules Against Hindu Widow On Burial
Curandero Indicted For Practicing Medicine Without License
Tuesday, December 27, 2005
Korean Commission Urges Alternate Service For Conscientious Objectors
Texas School Agrees To Accommodate Muslim Prayer
Israeli Politicians Argue Over Hanukkah Grants To Yeshiva Students
Monday, December 26, 2005
No Liquor In Massachusetts On Monday After Christmas
Free Exercise Challenge To Polygamy Ban Avoided
Recently Published Books On Religion, Law and Politics
Barbara A. McGraw and Jo Renee Formicola (eds.), Taking Religious Pluralism Seriously: Spiritual Politics on America's Sacred Ground (Baylor Univ. Press). Reviewed in Sunday's New York Times.
Elizabeth Anne Oldmixon, Uncompromising Positions: God, Sex, and the U.S. House of Representatives (Georgetown Univ. Press).
Birgit Meyer and Annelies Moors (eds.), Religion, Media, and the Public Sphere (Indiana Univ. Press).
Henrik Syse, Natural Law, Religion, and Rights (St. Augustine's Press).
Santorum Withdraws From Thomas More Center Advisory Board
Menorah Compromise In Peabody, Massachusetts
Sunday, December 25, 2005
President's Christmas Message
'Behold, a virgin shall conceive and bear a son, and his name shall be called Emmanuel' which means, God with us. ---Matthew 1:23
More than 2,000 years ago, a virgin gave birth to a Son, and the God of heaven came to Earth. Mankind had received its Savior, and to those who had dwelled in darkness, the light of hope had come. Each Christmas, we celebrate that first coming anew, and we rejoice in the knowledge that the God who came to Earth that night in Bethlehem is with us still and will remain with us forever.
Christmas is a season of hope and joy, a time to give thanks for the blessing of Christ's birth and for the blessings that surround us every day of the year. We have much to be thankful for in this country, and we have a responsibility to help those in need. Jesus calls us to help others, and acts of kindness toward the less fortunate fulfill the spirit of the Christmas season.
On Christmas, we pray for freedom, justice, and peace on Earth. We remember those who have made the ultimate sacrifice for our country and for our freedom, and we ask for God's blessing on their loved ones. We ask God to watch over all of our men and women in uniform. Many are serving in distant lands, helping to advance the cause of freedom and peace. Our entire Nation is grateful to them and prays for their safe return.
Laura and I send our best wishes for a blessed and merry Christmas.
Iraqi Shiites Extend Christmas Greetings To Christian Countrymen
National Menorah To Be Lit Tonight
Saturday, December 24, 2005
Defense Bill Includes Rita-Katrina School Voucher Program
We are very sympathetic to the plight of the students who attend the devastated schools in the Gulf Coast region, but this funding scheme does not provide appropriate firewalls against taxpayer funding of religious instruction and proselytizing – and sets a disturbing precedent for the future.
The provisions approved by Congress do not include necessary prohibitions against using these funds for religious education – or even worship services. Under the bill, parents would be forced to affirmatively act to 'opt-out' their children from these religious worship activities or classes. In addition, this bill would permit federally funded religious discrimination in hiring teachers for these private and religious schools.
Tax Court Rejects Establishment Clause Claim On Deductions
UPDATE: Here is a link to the 9th Circuit decision in the earlier litigation. [Thanks to Expatriate Owl.]
Mosques Secretly Checked For Radiation
Church Sues San Diego Over Park Fee Schedule
Friday, December 23, 2005
Pope Held To Have Diplomatic Immunity
Judge Refuses To Prevent Border Stops For Islamic Spirit Attendees
On its website, the New York Civil Liberties Union, along with a release decrying the decision, has an intake form for use by anyone detained after attending this year's conference.
UPDATE: The full opinion in Tabbaa v. Chertoff is now available at 2005 U.S. Dist. LEXIS 38189 (WD NY, Dec. 22, 2005).
Pew Survey On Attitudes To Christmas Greetings and Displays
In response to another question, 83% of respondents favored the display of Christmas symbols on public property, but only 44% supported them if they are displayed alone without symbols of other traditions. Finally, more Americans said they are bothered at least to some extent by the commercialization of Christmas (52%) than were concerned about opposition to religious symbols in public places (35%).
Scientologist Wins German Court Challenge of Hamburg Practices
Recently Published In Law Journals
From SmartCILP: L. Scott Smith, Constitutional Meanings of "Religion" Past and Present: Explorations In Definition and Theory, has recently been published in 14 Temple Political & Civil Rights Law Rev. 89-142 (2004).
Thursday, December 22, 2005
Finland Looks At Its Guidelines On Christmas In Schools
In most schools, there have been negotiations with parents of children of various religious denominations in order to have a celebration that everyone can attend. Some schools hold two different Christmas celebrations - a neutral one in school and one with more religious content in a nearby church. In one school, the Christmas Gospel texts are read at the beginning of the school Christmas party, and non-Christian children do not come to the party until after the reading is over.
Bill Assures Jamboree Funding and Equal Local Treatment For Boy Scouts
Buried in Section 8173 of the 293-page appropriations bill, the provision is part of the "Support Our Scouts Act of 2005" contained in the Defense Appropriations Act. A press release from Senate Majority Leader Bill Frist who authored the provisions praised the bill.
[CORRECTED] The Act also requires state and local governments that receive federal housing funds and community development money to afford equal access for the Boy Scouts to meet in public facilities that are open to other groups. Yesterday's 365Gay reports that Congressman Barney Frank objected to the provision, saying:
The Boy Scouts of America have been found by States and cities to be violating their anti-discrimination policies with regard to both sexual orientation and religion, and some cities have said that they do not want anyone who fails to follow their State or city's policy getting free facilities. That I suppose can be debated or not as to whether it is right or wrong, but it does not seem to me that there is any argument for having it in the Armed Services authorization bill in a Congress run by supposed States rights conservatives, a provision that says to every city in America you will let the Boy Scouts use your facilities for free whether or not you think they violate the law against discrimination based on religion or sexual orientation.
Russian Authorities Hinder Return Of Moscow Chief Rabbi
Another theory is that Rabbi Berl Lazar who represents the Lubavitch-Chabad movement in Russia, and who is the competing Chief Rabbi, was involved. The U.S. State Department and the foreign ministries of both Israel and Switzerland have become involved in lobbying Russia on Goldschmidt's behalf. In early November, the Internal Affairs Ministry informed Goldschmidt that he had been deemed a threat to national security. However by the end of November, he was invited to re-apply for a visa. On December 2, Goldschmidt received word that a new one-month visa had been approved.
California Lutheran School Sued Over Policy on Lesbians
9th Circuit Rejects Prisoner's Religious Diet Claim
Wednesday, December 21, 2005
U.S. House Resolution Criticizes Saudi Religious Education
The preamble go on to say that "rote memorization of religious texts continues to be a central feature of much of the educational system of Saudi Arabia, leaving thousands of students unprepared to function in the global economy of the 21st century." It continues: "some textbooks in Saudi Arabian schools foster intolerance, ignorance, and anti-Semitic, anti-American, and anti-Western views", and "these intolerant views instilled in students make them prime recruiting targets of terrorists and other extremist groups".
The vote on the Resolution was 351 Yes; 1 No; 2 voting Present. Here is the floor debate on the measure. The lone No vote was Republican Texas Congressman Ron Paul.
6th Circuit: Surprising Ten Commandments Ruling
The court continued:Here, unlike McCreary County, Mercer County’s stated purpose was more than a mere "litigating position." Instead, it is supported by context, including the explanatory document and the eight other objectively historical and secular documents. A reasonable observer would not view this display as an attempt by Mercer County to establish religion. Instead, he would view it for what it is: an acknowledgment of history.
The ACLU’s argument contains three fundamental flaws. First, the ACLU makes repeated reference to "the separation of church and state." This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.... Second, the ACLU focuses on the religiousness of the Ten Commandments. No reasonable person would dispute their sectarian nature, but they also have a secular nature that the ACLU does not address.... Third, the ACLU erroneously–though perhaps intentionally–equates recognition with endorsement. To endorse is necessarily to recognize, but the converse does not follow.While the court found a secular purpose in the display, Carroll Rousey, a retired dry-wall contractor who paid for and put up the 2001 Mercer County display, was quoted in an article in today's Columbus, Georgia Ledger-Enquirer as saying, "I feel that this is what the Lord wanted me to do."
Christian Coalition's 2006 Agenda
Editorials Support Judge's Intelligent Design Decision
San Bernadino Student Group Challenges Nondiscrimination Policies
Tuesday, December 20, 2005
No Appeal Likely In Intelligent Design Case
Dover School District Loses Intelligent Design Case
The 139-page opinion in Kitzmiller v. Dover Area School District is a strong endorsement of arguments by the plaintiffs that the school board's action violated the First Amendment's Establishment Clause. The full opinion is available online here. [Thanks to Ed Brayton for posting it].
In finding that the Dover school board violated the Establishment Clause of the U.S. Constitution and Article 1, Sec. 3 of the Pennsylvania constitution , the court applied both the “endorsement” test and the Lemon test.
It held that an objective student would view the disclaimer read in class as a strong endorsement of religion; and that an objective adult member of the Dover community, aware of the social context in which the ID policy arose, would view school board policy and the conduct of board members as a strong endorsement of a religious view.
Applying Lemon, the court found that the language, legislative history and historical context in which ID policy arose "inevitably lead to the conclusion that Defendants consciously chose to change Dover’s biology curriculum to advance religion". The court made extensive findings that Intelligent Design "is not science". It found that ID violates the ground rules of science by invoking supernatural causation; it employs "the same flawed and illogical contrived dualism that doomed creation science"; and ID has failed to gain acceptance in the scientific community. The court then concluded that since ID is not science, its only real effect is the advancement of religion.
In concluding his opinion, Judge Jones wrote:
Those who disagree with our holding will likely mark it as the product of an activist judge. If so, they will have erred as this is manifestly not an activist Court. Rather, this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on ID, who in combination drove the Board to adopt an imprudent and ultimately unconstitutional policy. The breathtaking inanity of the Board’s decision is evident when considered against the factual backdrop which has now been fully revealed through this trial. The students, parents, and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources.
House of Lords Permits Sex Discrimination Claim By Minister
RLUIPA Does Not Apply To Eminent Domain
Dover "Intelligent Design" Decision To Be Released Later Today
Monday, December 19, 2005
Op Eds On Church-State
Magistrate Defers To Prison Security Concerns In RLUIPA Case
French Government Issues Brochure For Hajj Pilgrims
Study Results Boost Faith-Based Prisons
Sunday, December 18, 2005
House of Representative Supports Christmas Symbols
Friday's Virginian-Pilot reported that the resolution was introduced by Rep. Jo Ann Davis, a conservative Christian member of Congress from Virginia. Speaking in favor of the proposal during House debate, Davis lamented, "Christmas has been declared politically incorrect." In response to concerns that her resolution amounted to government promotion of religion, Davis amended her original resolution to make clear that she wants to protect Christmas traditions simply "for those who celebrate Christmas."Whereas Christmas is a national holiday celebrated on December 25; and Whereas the Framers intended that the First Amendment to the Constitution of the United States would prohibit the establishment of religion, not prohibit any mention of religion or reference to God in civic dialog: Now, therefore, be it Resolved, That the House of Representatives—
(1) recognizes the importance of the symbols and traditions of Christmas;
(2) strongly disapproves of attempts to ban references to Christmas; and
(3) expresses support for the use of these symbols and traditions, for those who celebrate Christmas.
Democratic Rep. Robert C. Scott, also from Virginia, accused Davis of being more concerned about the symbols of Christmas than the substance. He argued: "Instead of legislation that respects the spirit of Christmas, Congress in just these past few weeks has passed a budget that includes mean-spirited attacks on the least of us. For those who are hungry, we are cutting food stamps. For those who are sick, we are cutting Medicaid."
Alabama Bill To Permit Teaching About Bible
Muslim Prisoner Denied Right To Wear Beard
Saturday, December 17, 2005
EU Says Spain Must End VAT Tax Exemption For Catholic Church
Americans United Opposes Alito Nomination
Judge Alito has on occasion been solicitous of free exercise rights — at least for non-prisoners. On the other hand, he has given broad license to religious majorities to use the public schools and other official settings to broadcast their religious messages without regard for the competing rights and interests of religious minorities.... Both the straightforward holdings and the underlying tenor of Judge Alito’s decisions in Establishment Clause cases contrast sharply with Justice O’Connor’s views. Throughout her career on the Court, Justice O’Connor has been keenly attuned to the plight of religious minorities in society as a whole, and most especially in the public schools. But Judge Alito’s focus has been elsewhere: on religious majorities’ ability to express their views through governmental instrumentalities, at government owned facilities, and in government-organized enterprises like the public schools.
Helsinki Commission on Religious Freedom In Uzbekistan and Turkmenistan
Friday, December 16, 2005
Muslims Seek Advance Relief To Prevent Border Searches
Student Can Give Classmates Candy Canes With Jesus Story Attached
By the way, Snopes.com says the claim that candy canes originated to represent the letter "J" and the purity and blood of Christ is a false urban legend. However, it says, candy canes do have a Christmas connection. A choirmaster in Cologne Cathedral in 1670 persuaded craftsmen to make sticks of candy bent at the end to represent shepherds' crooks so he could hand them out to restless youngsters who were attending ceremonies around a living creche.
Indiana Legislative Prayer Case Being Appealed
11th Circuit Hard On Evolution-Sticker Appellants In Oral Arguments
Anti-Conversion Bill To Be Introduced In Indian State
Utah Judge Issues Opinion On FLDS Trust
Reluctant Judge Upholds Prisoner's RLUIPA Claim
While rejecting plaintiffs' First Amendment free exercise claim, the court found that RLUIPA imposes a heavier burden on the government. Finding that a total ban on Melanic Literature is not the least restrictive means available to assure prison security, the court held that RLUIPA had been violated. But the court's unhappiness with RLUIPA was clear, as it said:
Congress has taken the Supreme Court's fears in Turner [v. Safley] and made them a reality. Courts are now "the primary arbiters of what constitutes the best solution to every administrative problem," as RLUIPA "'unnecessarily perpetuate[s] the involvement of the federal courts in affairs of prison administration.'"... RLUIPA obligates this Court to cast aside its doubts about the dubious role it will play in prison administration, and therefore, this [Court will] enjoin MDOC from totally banning Melanic Literature from its institutions.