Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, October 06, 2006
Suit Charges New York With Failing To Accommodate Religious Practices Of Prison Guards
Saudis Try Al Qaeda In Shariah Courts
Democrats Tout Religious Credentials In North Carolina
European Court Upholds Salvation Army Claim Against Russia
Thursday, October 05, 2006
Michigan City Deciding Whether To Move Creche To Private Property
Indian Court Will Hear Challenge To Jain Fasting Ritual
More Prisoner Free Exercise Cases From September
In Barnes v. Pierce, 2006 U.S. Dist. LEXIS 69303 (SD TX, Sept. 26, 2006), a Texas federal district court permitted inmates to proceed with a claim that Muslim prisoners are not allowed the same opportunities as are available to prisoners of other faiths to practice their religion, but rejected a challenge to the prohibition on prisoners wearing beards.
In Colquitt v. Camp, 2006 U.S. Dist. LEXIS 69934 (MD FL, Sept. 27, 2006), a Florida federal district court permitted a Muslim plaintiff to move ahead with his claim against one of the jail officials he sued. Plaintiff alleged that officials refused to accommodate his dietary restrictions during Ramadan and retaliated against him for filing complaints in connection with his diet issues. It also held that defendant was not entitled to qualified immunity.
In Grant v. Sutton, 2006 U.S. Dist. LEXIS 70076 (SD IL, Sept. 27, 2006), an Illinois federal district court permitted a former inmate to move ahead with claims that prison officials did not give Muslim inmates full access to the prison chapel for prayer, would not allow Imams to lead services except during Ramadan, denied Muslim inmates permission to participate in religious festivals, denied them access to Qurans, denied plaintiff permission to attend religious classes and chapel, and barred him from leading worship services.
In Ferdinand v. Johnson, 2006 U.S. Dist. LEXIS 70986 (WD VA, Sept. 29, 2006), a Virginia federal district court held that a prison's grooming policy did not violate the Religious Land Use and Institutionalized Persons Act.
Morocco Ministry Changes Religious Textbooks
Indiana Supreme Court Upholds Striking Clergy From Jury Panel
Nevada Clergy Endorse Measure To Liberalize Drug Laws
New Debate Over Same-Sex Marriage In Canada
Parent Attacks Harry Potter Books In Georgia Schools
Justice Department Investigating School's Holiday Excusal Policy
Wednesday, October 04, 2006
En Banc Review Sought In California Library Use Case
Kentucky Prohibition On Funeral Protests Struck Down
The provisions at issue in this case burden substantially more speech than is necessary to prevent interferences with a funeral or to protect funeral attendees from unwanted, obtrusive communications that are otherwise impractical to avoid. Section 5(1)(b) prohibits all congregating, picketing, patrolling, demonstrating or entering on property within 300 feet of a funeral whether such activities interfere with the funeral or not and whether such activities are authorized by funeral attendees or not. It prohibits such activity whether the persons involved in the activities are visible to funeral participants or not and whether they are making any sound that funeral participants can hear or not. Thus, in addition to prohibiting intrusive activities, Section 5(1)(b), prohibits activity that would not interfere with a funeral and prohibits communications that are neither necessarily unwanted nor so obtrusive that they cannot be avoided by the funeral attendees....
The 300-foot zone would encompass public sidewalks and streets and would restrict private property owners' speech on their own property. The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants.
EEOC Sues Dentist Charging He Imposed Scientology On Employee
Court Says St. Louis U. Can Get Urban Renewal Funds Despite Its Religious Origins
Judge Mooney, concurring in the transfer of the case to the state's Supreme Court, wrote that he would not affirm the trial court's summary judgment. He believed that a trial was necessary to determine whether St. Louis University, despite its governing documents, is no longer in fact controlled by the Catholic creed.
Denver Pre-School Tuition Plan Opposed On Church-State Grounds
Preacher Sues Kentucky University For Access To Campus
Tuesday, October 03, 2006
Wisconsin State Employee Charity Campaign Cannot Exclude Religious Charities
Yesterday's Milwaukee Journal Sentinel says that the state will not appeal the ruling. It also points out that to qualify for inclusion in the Combined Campaign, religious charities will still have to demonstrate that they do not discriminate in the delivery of services.
Turkey's Justice Minister and President Fear Islamism
InterVarsity Christian Fellowship Sues University of Wisconsin For Recognition
Student's Religious Speech Right Upheld, But No Relief Granted
Student Joel Curry, largely inspired by his parents' suggestions, created candy cane ornaments from pipe cleaner as his product. He attached a card to the ornaments giving them a religious interpretation. While Joel received an "A" for his performance (a grade that the court described as a generous one for his parents' efforts), the school principal told Joel that he could not sell his product with the religious message attached. The court decided that this limitation improperly restricted the student's rights of expression (though not his free exercise rights). In reaching this conclusion, the court wrote:
The lessons Classroom City was designed to teach presumably included economics, marketing, civics, and entrepreneurialism. Standing alone, the candy canes with a religious card attached met those ostensible goals.... In fact, a religious theme might be viewed as filling a market niche. Joel would not be the first to discover the commercial allure that religion has brought to capitalism. It appears that he learned that lesson well by ascribing a religious -- albeit unoriginal and inaccurate -- aura to an historically secular object to enhance its marketability.
Churches, Politics, and Voters' Guides
New Jersey Supreme Court Will Hear RLUIPA Appeal
Cert. Denied In Challenge To California School's History Unit On Islam
Monday, October 02, 2006
Maryland Prison Policy On Religious Holidays Questioned
Senate Passes Bill To Protect Tithing In Chapter 13 Bankruptcies
Four Justices, Other Officials, At Sunday's Red Mass
Malawi Human Rights Commission Orders Buddha Statues Out Of Orphanage
Compromise On Chaplains In Defense Appropriations Act
The conferees direct that the Secretary of the Air Force rescind the policy and revised interim guidelines concerning the exercise of religion in the Air Force issued on February 9, 2006, and direct that the Secretary of the Air Force reinstate the policy that was set fort in Air Force directive 52-1 dated 1 July 1999. The conferees further direct that the Secretary of the Navy rescind Secretary of the Navy Instruction 1730.7C dated February 21, 2006, titled "Religious Ministry within the Department f the Navy" and direct that the Secretary of the Navy reinstate the policy that was set forth in the Secretary of the Navy Instruction 1730.7B dated October 12, 2000.The regulations that Congress ordered rescinded had been explicit in calling on chaplains to offer non-sectarian prayers when officiating at military events other than religious services. The earlier versions that are to be reinstated are less explicit on this issue. (Background on Navy policy. Background on Air Force policy.)
This is merely a temporary solution, however, to the debate over the extent to which military chaplains should be permitted to offer explicitly sectarian prayers at service-wide ceremonies with interfaith audiences. Those on both sides claimed that the compromise was a temporary victory. Jay Sekulow of the American Center for Law and Justice said:
On the other side, Mikey Weinstein, founder of the Military Religious Freedom Foundation said that keeping the House language out of the final bill was a victory.In a temporary victory, Congress rolled back those regulations that were causing the difficulty for the chaplains and reinstated earlier regulations that were more protective of the free exercise of religion. Congress also said that they will visit this issue fully in January when the new Congress returns. We anticipate major hearings on these issues.
Sunday, October 01, 2006
Does Yom Kippur Ceremony Violate Los Angeles Law?
"First Monday" Without Oral Arguments To Accommodate Yom Kippur
Some More Prisoner Free Exercise Cases
In Massingill v. Livingston, 2006 U.S. Dist. LEXIS 68249 (ED TX, Aug. 9, 2006), a Texas federal magistrate judge recommended rejection of free exercise and RLUIPA claims of a prisoner who was a member of the Israyl Identity faith. The prisoner challenged the application of the prison's grooming requirements to him, seeking to grow a beard and shoulder-length hair. He also wanted to be kept separate from inmates of other races, and to have his meals for Saturday delivered to him on Friday so that prison employees who serve him would not have to work for him on Saturday.
In Vega v. Lantz, 2006 U.S. Dist. LEXIS 69120 (D CT, Sept. 26, 2006), a Connecticut federal district court permitted claims by a Muslim prisoner to proceed against certain of the defendants. The plaintiff had charged denial of daily congregate prayer, of Jumah services when no Islamic chaplain is present, a lack of timely Ramadan prayers,, insufficient calories in the meals during Ramadan, inability to purchase Islamic items, no Halal meats, no inmate chaplains, denial of his request for circumcision, improper handling of the Quran, and discrimination.
In Hill v. Cruz, 2006 U.S. Dist. LEXIS 69094 (SD TX, Sept. 26, 2006), a Texas federal district court dismissed for lack of proof a Muslim prisoner's claim that processed American cheese containing pork enzymes is placed in non-pork food entrees at the prison.
In Jordan v. Carr, 2006 U.S. Dist. LEXIS 68753 (ND IA, Sept. 22, 2006), an Iowa federal district court rejected a jail inmate's claim that he should be allowed to attend both Christian and Muslim religious services.
In Jonas v. Schriro, 2006 U.S. Dist. LEXIS 69427 (D AZ, Sept. 25, 2006), an Arizona federal district court rejected First Amendment and RLUIPA claims by a Native American prisoner who complained that he was prohibited from engaging in pipe ceremonies, smudging, wearing of colored headbands, and using a sweat lodge.
Middle School Sued For Refusing To Let Student Read Bible
Competing Guides Issued For Catholic Voters
Reacting to the new voter guide issued by Catholics In Alliance, Catholic League president Bill Donohue is quoted by LifeSite News as saying: "[It] is a slick attempt to get the abortion albatross off the necks of Catholic Democrats, but it's a failed effort-the noose is still there."
Boston Islamic Society Can Go To Trial On Defamation and Conspiracy Claims
Court Holds RLUIPA Claims Covered By Four-Year Statute of Limitations
The Virginia district court's holding came in a case in which a Sunni Muslim prisoner alleged that for several years during Ramadan he was denied adequate food and nutrition and was denied the Eid Al Fitr meal and prayer service. The court found that a reasonable jury might conclude that receiving only 1000 daily calories would substantially pressure inmates to break their Ramadan fast. It also permitted plaintiff to move ahead with his claims that Eid Al Fitr meals were served and the feast's prayer services were held at the wrong times to meet religious requirements.
Saturday, September 30, 2006
Montana Church Loses Challenge To State Campaign Laws
UPDATE: Here is the full opinion in Canyon Ferry Road Baptist Church v. Higgins, (D MT, Sept. 26, 2006).
Suit Filed To Get VA Approval Of Wiccan Symbols On Military Headstones
Tennessee School To Reconsider Distribution Of Gideon Bibles
Airport Will Accommodate Muslim Cabbies' Objections To Alcohol
Friday, September 29, 2006
Security At Red Mass Does Not Violate Religious Protesters' Rights
Many New Articles Of Interest Have Recently Appeared
Carolyn M. Warner & Manfred W. Wenner, Religion and the Political Organization of Muslims in Europe, (Perspectives on Politics, Sept. 2006).
From SSRN:
Tanya Marie Johnson, The Defense of Marriage Act and the Establishment Clause , (April 21, 2006).
From Bepress:
Jennifer Kreder, Undoing the Native American Graves and Repartriation Act, (September 6, 2006).
Elisabeth D. Reid, The Faith Based and Community Initiative and the Challenge Posed by the Establishment Clause, (September 9, 2006).
Andrew Koppelman, Conscience, Volitional Necessity, and Religious Exemptions, (September 15, 2006).
Kojo Yelpaala, Legal Consciousness and Contractual Obligations, (September 19, 2006).
From SmartCILP:
Adlia Abusharaf, Women in Islamic Communities: The Quest for Gender Justice Research, 28 Human Rights Quarterly 714-728 (2006).
Waheeda Amien, Overcoming the Conflict Between the Right to Freedom of Religion and Women's Rights to Equality: a South African Case Study of Muslim Marriages, 28 Human Rights Quarterly 729-754 (2006).
Nora O'Callaghan, Lessons from Pharaoh and the Hebrew Midwives: Conscientious Objection to State Mandates As a Free Exercise Right, 39 Creighton Law Review 561-639 (2006).
Daniel J. Rosenthal, Charitable Choice Programs and Title VII's Co-religionist Exemption, 39 Creighton Law Review 641-665 (2006).
Panel: The History, Religion, and Philosophy of American Exceptionalism. Articles by Claes G. Ryn, Joseph Boyle, William T. Cavanaugh and Charles J. Reid, Jr. 3 University of St. Thomas Law Journal 211-310 (2005).
Tennessee School Sued Over "Praying Parents" Group
EEOC Sues On Behalf of Jehovah's Witness Waitress
Hungarian Protests Have Antisemitic Flavor
Religious Polygamists Prevalent In Upscale Utah Subdivisions
Vatican Message To U.N. On Religious Freedom
Thursday, September 28, 2006
Pennsylvania Upholds Father's Right To Teach Religious Belief In Polygamy
Based on the record before us, it is clear that the Commonwealth’s interest in promoting compliance with the statute criminalizing bigamy is not an interest of the "highest order" that would supersede the interest of a parent in speaking to a child about a deeply held aspect of his faith.... The state’s compelling interest to protect a child in any given case ... is not triggered unless a court finds that a parent’s speech is causing or will cause harm to a child’s welfare.However Justice Baer dissenting argued:
It is imperative ... to distinguish matters of free expression from matters of immoral and criminal conduct. Where the former amounts to indoctrination into the latter, constitutional rights begin to yield to society’s interests in regulating such conduct.The Associated Press reports on the decision.
Wisconsin City Settles RLUIPA Suit
EEOC Charges Private College With Religious Discrimination
Religious Clubs Thrive In South Florida Schools
FLDS Jeffs Charges Religious Persecution
German Officials, Muslim Leaders, Confer On Divisive Issues
Wednesday, September 27, 2006
State Employee's Religious Discrimination Claim Survives
Florida Church For Homeless Sues For Discrimination In Zoning
Illinois Church Election Under Court Supervision Upheld
Los Angeles Churches Have Made Political Contributions
German Opera Company Cancels Mozart Performance Fearing Religious Violence
Accommodation For Religious Group Is Problem For British Pension System
Justice Department Sues NY Village Under RLUIPA
Michigan Township's Zoning Violates RLUIPA
Tuesday, September 26, 2006
House Passes Ban on Attorneys' Fees In Establishment Clause Cases
Michigan School's Policy On Choir Music Stirs Debate
Spain Will Change Method Of Financing Catholic Church
Recent Prisoner Free Exercise Cases
In Roddy v. West Virginia, 2006 U.S. Dist. LEXIS 68106 (ND WV, Sept. 21, 2006), a federal district judge dismissed without prejudice claims by an inmate that his free exercise rights were infringed when certain Native American religious items were confiscated from him. The court found that the inmate had not exhausted his internal grievance procedures before filing suit.
In Lee v. Wenderlich, 2006 U.S. Dist. LEXIS 67731 (WD NY, Sept. 21, 2006), a New York federal district judge permitted an inmate to move ahead with his First Amendment challenge to a prison rule that resulted in his name being removed from the list of those attending Ramadan services because he had 3 unexcused absences in attending.
In Mize v. Lewis, 2006 U.S. Dist. LEXIS 68008 (ED TN, Sept. 21, 006), a Tennessee federal district court upheld prison rules that denied a prisoner Christian Identity literature that promotes racism, anti-Semitism, and white separatist views connected with security threat group activity.
In Ghani v. Caldwell, 2006 U.S. Dist. LEXIS 66475 (ED MI, Sept. 18, 2006), a Michigan federal district court dismissed a Buddhist prisoner's claims regarding his access to vegan meals. The court found that he was now receiving such meals and that at the time meals were first refused, the 6th Circuit had held that RLUIPA was unconstitutional and the U.S. Supreme Court decision to the contrary had not yet been rendered.
Army Temporarily Enjoined From Placing Conscientious Objector On Active Duty
Polygamy Ban Being Challenged In 10th Circuit Case
"See You At The Pole" Is Tomorrow
Monday, September 25, 2006
Clerics Maneuvering In Advance of Iranian Election of Assembly of Experts
Free Exercise Challenge To Migratory Bird Treaty Act Eagle Protection Rejected
Pope Meets With Muslim Envoys Over His Remarks
Parent's Suit Against School's "Opposite Sex Day" Survives Dismissal Motion
Recent Articles On the Constitution, Law and Religion
David B. Kopel, The Catholic Second Amendment, 29 Hamline Law Review 519-565 (2006).
Pat Nolan & Marguerite Telford, Indifferent No More: People of Faith Mobilize to End Prison Rape, 32 Journal of Legislation 129-141 (2006).
From SSRN:
Richard W. Garnett IV & Joshua D. Dunlap, Taking Accommodation Seriously: Religious Freedom and the O Centro Case (2006 Cato Supreme Court Review 257 ).
From Bepress:
Robert J. Delahunty, Varied Carols: Legislative Prayer in a Pluralist Polity (August 24, 2006).
Sunday, September 24, 2006
University Of Wisconsin Refuses To Recognize Catholic Foundation As Student Group
Last May, the University's chancellor reluctantly recommended approval $145,000 for the Foundation even though he believed that use of the funds for an evangelical ministry, prayer groups and Lenten booklets would violate the Establishment Clause. Recently the University applied the rule requiring students to control recognized organizations to deny recognition to the Knights of Columbus as a student group. (See prior posting.)
Religion In Russian Schools
Vermont Supreme Court Rejects Free Exercise Argument In License Suspension
Church Land Use Denial Arises In Claim Against Army
Recalled Trustee's Challenge To Pledge of Allegiance Fails
A report on the case in Saturday's Rocky Mountain News points out that the U.S. Justice Department had entered the case on the side of the town, arguing that the Pledge is merely a patriotic exercise.
Bush Addresses Muslims On Ramadan and In Radio Address
The next day in his weekly radio address, the President said that Muslim nations are bound together with other civilized nations in the struggle between moderation and extremism throughout the Middle East.
Friday, September 22, 2006
NAACP Says Clinic Closing For Jewish Sabbath Is Discriminatory
UPDATE: Here is the full text of the complaint filed with the State Division of Human Rights by the NAACP, courtesy of Eugene Volokh.
President's Greetings As Rosh Hashanah Begins
Detroit Muslims Say Charity Harassed Again This Ramadan
No Establishment Clause Problem With Minnesota Criminal Sexual Conduct Law
Riots After Indonesia Executes Three Catholics
Church Votes To Fight IRS Summons
House Resolution Condemns Repression of Bahais By Iran
Funeral Picketers Become Kansas Election Issue
Thursday, September 21, 2006
9th Circuit OK's Exclusion Of Worship Services From Library Rooms
A dissent by Judge Tallman argued that any attempt by the County to distinguish worship from other kinds of religious speech would create excessive government entanglement with religion, in violation of the Establishment Clause.
However, the most interesting reading was Judge Karlton's concurring opinion. He wrote:
The San Jose Mercury News covers the decision. (Also see prior related posting.)I concur in Judge Paez's well-reasoned opinion, which reflects the sorry state of the law. I write separately to express my dismay at that sorry state.
This should be a simple case it asks whether the county can be forced to subsidize a religious organization's prayer meetings by requiring it to provide the religious organization with a free place to worship. A quick reading of the First Amendment to the Constitution of the United States should answer the question....
[Prior cases] turn on the High Court's purported inability to distinguish between a sermon and a speech. That distinction, however, is compelled by the First Amendment.... [R]eligious speech is categorically different than secular speech and is subject to analysis under the Establishment and Free Exercise Clause without regard to the jurisprudence of free speech.
Those, like myself, who advocate adherence to the strictures of the Establishment Clause, do so not out of hostility towards religion.... Rather, we are motivated by recognition of the passions that deeply-held religious views engender, and the serious threat of marrying those passions to government power.... That threat is not merely historic. One need only look about the world to see that danger in play.
Study of Black Churches and Faith-Based Initiative
Pope Again Tries To Explain His Remarks About Islam
For the careful reader of my text, it is clear that I did not wish at any time to make my own the negative words uttered by the medieval emperor in this dialogue and that its controversial content does not express my personal conviction.... I wished to invite the Christian faith to dialogue with the modern world and to dialogue with all cultures and religions.He said that he has tried to make clear his
deep respect for the great religions, in particular for Muslims -- who 'adore the one God' and with whom we are engaged in "preserving and promoting together for all mankind social justice, moral values, peace and freedom."
Two Decisions On Jurisdiction Over Religious Employment Disputes
In Vann v. Guildfield Missionary Baptist Church, 2006 U.S. Dist. LEXIS 66947 (WD VA, Sept. 19, 2006), a Virginia federal district court permitted the minister of a church to proceed with his claim that his dismissal by the deacon of his church violated the church's bylaws. The bylaws provided for the minister's dismissal only by a vote of a majority of the church's members. The court said that since no member vote was ever taken, "the Church itself has never acted. Thus, I have subject matter jurisdiction to consider this case because the decision to fire Vann .... was not the decision of a religious entity or church. As a result, that decision is not constitutionally protected from judicial review."
Maruani v. AER Services, 2006 U.S. Dist. LEXIS 66789 (D MN, Sept. 18, 2006), involved the dismissal of Leo Maruani , a shochet (kosher butcher), from the employ of AER Services, a commercial business that provides slaughtering services for companies that sell kosher meat products. He was dismissed after the rabbi supervising the plant in which he worked objected to the fact that Maruani was not leading a visibly pious life because he did not live within walking distance of an Orthodox synagogue.
The court dismissed Maruani's claim that he was discriminated against because of his religion in violation of the Minnesota Human Rights Act. He alleged that the supervising rabbis placed religious requirements upon him that they did not impose on other shochtim. The court held: "An examination of the gradations in the rules of Kashruth or severity with which the rabbis enforced those rules is precisely the type of religious-based claim the Court is forbidden from entertaining." However the court permitted Maruani to proceed with claims that the rabbis' religious objections were not the real reason for his dismissal, and that the real reasons violated Minnesota's Whistleblower Act and its Workers Compensation Act.