Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, October 25, 2006
Intelligent Design An Issue In Iowa Lt. Governor Race
Nuns Risk More Jail For Refusing To Pay Restitution To Air Force
Tuesday, October 24, 2006
Intelligent Design An Issue In Ohio School Board Races
Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.
Dispute At U of Tennessee On Student Funds For Christian Band
RLUIPA Dispute Brewing Over Expansion of California Synagogue
UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.
President's Statement On Eid al-Fitr
New Civil Marriage Bill Proposed In Israel
The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.
Monday, October 23, 2006
Court Approves Settlement Of West Virginia School Jesus Portrait Suit
UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:
will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.
... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....
Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.
New Study of Pentacostals and Charismatics
Israeli Mother Launches Symbolic Challenge To Role Of Jewish Law
Represented by an organization that defends the rights of unconventional families, the mother-- a secular Jew-- wants a DNA test to show that Moshe's father is in fact the man who she married after her divorce from her first husband was final. Rabbi Moshe Rauchverger, a senior member of the Chief Rabbinate's Governing Council and Haifa marriage registrar, says that the mother should protect her son's presumed legitimacy. The mother's attorney, however, emphasized the point that the lawsuit aims to make: "It is absurd that in Israel of the 21st century people like Moshe have to suffer because of Halacha."
British Summit On Inclusion By Faith Schools
UPDATE: This Is London on Monday reported that the British government has plans to give Ofsted (Office For Standards In Education) inspectors the power to grade state-supported faith schools on how much they contribute to "community cohesion" by employing teachers of different religious backgrounds.
UPDATE: On Oct. 27, Britain's Education Secretary Alan Johnson announced that he was dropping the proposal to require new faith schools to take 25% of their students from other religious groups. (ePolitix)
New Books On Religion, Law & Public Policy
Brooke Allen, Moral Minority: Our Skeptical Founding Fathers ,(Ivan R. Dee Publisher, Sept. 2006), reviewed in Sunday's New York Times.
Darryl Hart, A Secular Faith: Why Christianity Favors the Separation of Church and State, (Ivan R. Dee Publisher, Sept. 2006).
Sam Harris, Letter to a Christian Nation, (Knopf, Sept. 2006).
David Pryce-Jones, Betrayal: France, the Jews and the Arabs, (Encounter Books, Oct. 2006).
Robert Royal, The God That Did Not Fail: How Religion Built and Sustains the West, (Encounter Books, Aug. 2006).
Lew Daley, God and the Welfare State, (MIT Press, Oct. 2006).
David Yonke, Sin, Shame & Secrets: The Murder of a Nun, the Conviction of a Priest, and Cover-up in the Catholic Church, (Continuum International, Nov. 2006).
Andrew Greeley & Michael Hout, The Truth about Conservative Christians: What They Think and What They Believe, (University of Chicago Press, Fall 2006).
Jewish Dems List Worst Members of Congress On Jewish Issues
Mississippi City Sued By Preachers Who Were Kept Off Sidewalk
Sunday, October 22, 2006
Rising Orthodox Jewish Population Impacts Much In New Jersey Town
While unofficial websites describe Lakewood Township as a hub of Orthodox Judaism (Wikipedia), the Township's official web site makes almost no mention of this. Its listing of houses of worship includes only two of the more than 100 Orthodox synagogues in the township, and its listing of private elementary schools lists none of the many Orthodox institutions. [Thanks to Steven H. Sholk for the lead.]
Niqab Controversies In US, Britain, Egypt
Around the world, the niqab-- a veil covering the face that is worn by some Muslim women-- is creating heated controversy.
Earlier this month in Britain, a Muslim teaching assistant was suspended after she refused to remove her niqab while teaching 11-year olds who speak English as a second language. Yesterday's Telegraph reported that the teacher, Aishah Azmi, sued for discrimination in an employment tribunal after she was suspended for failing to comply with management instructions. She argued that her rights under the Employment Equality (Religion or Belief) Regulations 2004 were violated. The tribunal rejected her discrimination claim, but award her damages for injury to her feelings. A second report by the Telegraph says that Azmi's lawyer plans to seek legal aid funding to appeal the case to the European Court of Human Rights. However, a Muslim member of Parliament, Shahid Malik, called for Azmit to drop the suit, saying that there is no support for it from Muslim parents.
In Egypt, the Provost of Helwan University angered some Muslims when he issued an order that any students wearing a niqab must be checked by security women to verify their identity before they will be permitted into the school's dormitories. Gulf News today reports that the university is concerned that a man could walk into female dormitories hidden behind a niqab, or that other criminal activity could be hidden. However students and human rights groups are protesting the order issued a few weeks ago. Illustrating the strength of the feelings on the issue, last week a female Muslim preacher was threatened with death after stating on a television broadcast that the niqab was not required by Islamic law. And the Muslim Brotherhood has filed a complaint with the Prosecutor-General seeking an investigation into alleged exclusion of niqab-wearing students from government-run universities.
Meanwhile, niqab controversies also have come to the United States. Today's Detroit Free Press reports that in a small claims dispute in Hamtramck (Michigan) District Court, a judge has said that he will dismiss a case after a Muslim woman refused remove her niqab before testifying in her lawsuit against a rental car company. The judge said he needs to see the woman's face while she is on the witness stand in order to help assess the truthfulness of her testimony.
Former German Official Criticizes Religious Motivations Of Bush
Role of Religion In Connecticut Senate Race
Archbishop of Cantebury In China
UPDATE: As the Archbishop of Cantebury ended his trip to China, Tuesday's London Times reports that human rights activists charge Williams did not press Chinese officials strongly enough on issues of religious freedom.
California City Will Settle Lawsuit By Christian Dance Group
Saturday, October 21, 2006
Developments In RLUIPA Land Use Cases
Meanwhile, according to today's South Florida Sun-Sentinel, the Hollywood, Florida, neighbors of a Chabad Lubavitch synagogue have appealed a federal district court ruling that precluded them from challenging the settlement of a religious discrimination lawsuit brought by Chabad against the city. (See prior posting.) The neighbors argue that the settlement created a zoning change to which they should have been able to object.
Recent Articles of Interest In Law and Religion
David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship, (Aug. 2, 2006).
From SSRN:
Kathleen Boozang, Divining a Patient's Religious Beliefs in Treatment Termination Decision-Making, (Sept. 28, 2006).
Alan E. Brownstein, Taking Free Exercise Rights Seriously, (Sept. 21, 2006).
From SmartCILP:
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders Under the Establishment Clause. 2 New York University Journal of Law & Liberty 28-85 (2006).
Friday, October 20, 2006
Wisconsin Diocese Charged With Election Violations
Evangelist's Tax Evasion Trial Continues
Times Series On Religious Exemptions Continues, As Does Comment On It
The Times series has led to an unusual amount of editorial comment, both pro and con. The Times itself ran an editorial last Monday that argued "the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts." However, yesterday the Weekly Standard carried an article by John DiIulio, Jr., first director of the White House Office of Faith-Based and Community Initiatives, strongly critical of the New York Times series. [Thanks to Steven H. Sholk for the lead to the Weekly Standard.]
Chicago Suburb Sued Over Design Of Vehicle Stickers
New York High Court Upholds Women's Health Act Under New State Constitutional Test
The court held that a First Amendment free exercise challenge failed under the Smith test, since this was a neutral law of general applicability. The fact that it exempts a narrow group of religious institutions from its coverage does not make it non-neutral. The more important part of the decision was the court's creation of a new test for free exercise of religion claims under Art. I, Sec. 3 of the New York constitution-- a test that is more protective of religion than the U.S. Supreme Court's Smith decision, but less protective than a "strict scrutiny" rule.
The court held that when general legislation creates an incidental burden on the free exercise of religion, "substantial deference is due the Legislature, and ... the party claiming an exemption bears the burden of showing that the challenged legislation, as applied to that party, is an unreasonable interference with religious freedom." In the court's view, plaintiffs here failed to show that the WHWA imposed an unreasonable interference. The state has a substantial interest in providing women with health care and institutions could ultimately avoid violating their religious principles by not offering prescription drug coverage at all. The court said that it would be a more difficult case if these institutions only hired employees who shared their views on the sinfulness of contraception.
Today's New York Law Journal carries an extensive analysis of the case.
Canadian Marriage Commissioner Appeals Gay-Marriage Requirement
Missouri School Board Asked To Reinstitute "Christmas" Break
Thursday, October 19, 2006
IRS Complaint Filed Against Church For Pastor's Political Endorsement
New York Court of Claims Lacks Jurisdiction Over RLUIPA Cases
European Court OKs Turkish School's Required Photo Without Headscarf
Christian Agency Entitled To Hire On Basis of Religion Under Title VII
Politician Promises Restoring Of Land To Bulgarian Orthodox Church
DC Circuit Upholds Terrorist Designation Of Jewish Website
Muslim Scholars Write Pope On His Regensburg Speech
Wednesday, October 18, 2006
Air Force Changes Chaplain Guidelines As Mandated By Congress
However, according to the same report by Jews On First, Mikey Weinstein, president of the Military Religious Freedom Foundation, charges that "Air Force leadership went about issuing these [new] guidelines in a subversive manner, without engaging in an open dialogue about the proper role of religion and chaplains within the Air Force."
Limitations Issues In Priest Abuse Case Decided
Minneapolis Bus Driver Can Avoid Busses With Offensive Ad
Rabbis Seek Move To Jewish Religious Courts For Civil Cases In Israel
California Courts Hear Arguments Over Cross and Constitution
Meanwhile, in a state appellate court in San Diego, oral arguments were being held on one aspect of the long-running dispute over the Mt. Soledad cross. The San Diego Union Tribune today reports that the "lively" two-hour oral argument focused on a 2005 trial court ruling that Proposition A-- a voter initiative transferring land under the Mt. Soledad cross to the federal government-- was unconstitutional. The lower court had found that the voters had intended to aid religion in violation of California's constitutional provisions prohibiting such aid or favoritism.
Indiana Released Time Program Challenged
Requiring Midwifery License Might Violate Religious Freedom
UPDATE: Saturday's Manatee Herald reported that trial judge Edward Nicholas has refused to grant release to the McGlades, despite the appellate court ruling. Nicholas on Thursday refused to permit the women to post bond because he believes that they would likely continue their illegal activity if released. Defense attorney Colleen Glenn filed an emergency motion with the appellate court on Friday to reverse the denial. Saturday's Sarasota Herald Tribune has more background on the case. The woman whose childbirth was aided by the McGlades was a relative. The McGlades believe that the licensing law was not meant to apply to that kind of situation.
Recent Prisoner Cases On Religious Rights
In Jesus Christ Prison Ministry v. California Department of Corrections, 2006 U.S. Dist. LEXIS 73813 (ED CA, Sept. 28, 2006), a federal magistrate judge ruled that a California prison’s policy of permitting religious literature, audio tapes and CDs only from approved vendors violates the free speech and free exercise rights, as well as rights under RLUIPA, of prisoners, as well as the rights of non-approved organizations wishing to distribute religious literature.
In Long v. Boehnemann, 2006 U.S. Dist. LEXIS 74532 (SD TX, Oct. 12, 2006), a Texas federal district court dismissed a suit alleging that a county jail’s kitchen manager denied plaintiff reasonable provisions during Ramadan. The court found that plaintiff had failed to exhaust his administrative remedies, that his transfer made his claims for injunctive relief moot, that federal law bars monetary damages absent a physical injury, that no First Amendment violation was shown, and that RLUIPA allows recovery only against governmental entities.
In Tayr v. Wisconsin Department of Corrections, 2006 U.S. Dist. LEXIS 74835 (ED WI, Sept. 29, 2006), a Wisconsin federal district court rejected a Muslim prisoner's claims that he was denied the right to use his religious name and was denied a religious diet, in violation of the First Amendment and RLUIPA. The court permitted claims relating to the denial of the use of religious property to move ahead.
Tuesday, October 17, 2006
Court Invalidates Eagle Protection Act Implementation As RFRA Violation
The BGEPA provides for a permitting process for the taking of eagles for Native American religious purposes. The government, however, discourages requests for permits and issues almost none. The court held that the government failed to demonstrate that this policy is the least restrictive means of advancing its interest in preserving eagle populations and protecting Native American culture, particularly in light of the recent recovery of the species. It concluded:
Although the Government professes respect and accommodation of the religious practices of Native Americans, its actions show callous indifference to such practices. It is clear to this Court that the Government has no intention of accommodating the religious beliefs of Native Americans except on its own terms and in its own good time.The court also upheld Friday's standing to challenge the futile permitting process even though he never applied for a permit.
The full text of the case is available through PACER. The Jackson Hole (WY) Star Tribune today reported on the court's decision. (Also see prior related posting.)
UPDATE: The decision is now available on LEXIS at 2006 U.S. Dist. LEXIS 74970.
Virginia Ballot Will Have Proposal To Permit Churches To Incorporate
House of Lords To Consider Removing Christian Prayer In Schools Requirement
FBI Hate Crimes Stats For 2005 Released
7th Circuit Rejects RLUIPA Challenge To Forced Feeding
Alaska Supreme Court Decides Church Property Dispute
City's Public Access Channel Pulls Religious-Political Videos
Illinois Bishops Issue Statement On Conscience and Voting
Catholics should always vote for that person most committed to being a public servant dedicated to the common good. ...[A]ny candidate who supports a public policy where part of humanity (such as the pre-born, the elderly, the handicapped, or the sick) is excluded from the protection of law and treated as if they were non-persons is gravely deficient in his or her view of the requirements of a just society.
Too often, the choice of candidates for elected office falls short of a vision of the common good as rich and full as Catholic social teaching. This may be discouraging, so we call on Catholics who understand and accept the Church’s teaching to become more engaged in political life.... In Illinois, we make up almost one-third of the population.... For Catholics, voting ought not to be seen as just an option or a privilege but a duty. By voting with an informed conscience, a renewed "Catholic vote" could become a political force for justice....
Monday, October 16, 2006
Cert. Denied In Scouts' Suit Against Berkeley Non-Discrimination Policy
Ballot Measure On Alcohol Sales Raises Church-State Issues
Cert. Petition Filed In Polygamy Case
New Zealand Will Penalize Excessive Political Activity By Churches
Sunnis In Iraq Want Separate Islamic State
UPDATE: The full text of the statement published this morning indicates that the Mujahideen Shura Council actually declared the establishment of an Islamic state in parts of Iraq. (Kavkaz Center).
Recent Articles Of Interest
Johnny Rex Buckles, The Constitutionality of the Monkey Wrench: Exploring the Case for Intelligent Design, forthcoming in Oklahoma Law Review, Vol. 59, 2006.
From SmartCILP:
Richard W. Garnett, Religion, Division, and the First Amendment, 94 Georgetown Law Journal 1667-1724 (2006).
Marianna Moss, How Are Reasonable Children Coerced? The Difficulty of Applying the Establishment Clause to Minors, 10 UC Davis Journal of Juvenile Law & Policy 379-428 (2006).
Sunday, October 15, 2006
Interesting Employment Discrimination Cases From Britain
Meanwhile, in London, a Catholic chef who was fired for refusing to work on Sunday won his claim for employment discrimination before an employment tribunal, according to a report today in This Is Local London.
But a Muslim teaching assistant at Headfield Church of England Junior School in West Yorkshire was removed by the Kirklees local educational council after she refused to remove her veil during lessons aimed at helping bilingual students improve their communication skills. Pupils-- many from families of Pakistani or Indian origin who are still learning to speak English--were finding it difficult to understand the teacher when she was wearing her veil. A report from the Times, carried today by The Peninsula, says that leading Muslims have backed the council's removal of Aishah Azmi, the bilingual support teacher. The teacher has taken the case to an employment tribunal.
Battles Over Christmas Displays Beginning
Meanwhile in Berkley, Michigan, a group of residents, hearing that the city was considering possibly ending its 65 year tradition of displaying a nativity scene on city property, have formed a new group called "Stop the ACLU Tyranny". Michigan’s Hometown Life reporting last Friday on the developments quoted one member of the new group who describes the ACLU's position against the religious displays as "religious bigotry". (See prior posting.)
"Untouchables" Convert To Protest Anti-Conversion Laws
Egypt Censors Book Discussing Controversial Muslim Changes
Hawaii Court Rejects Student's Religious Objections To TB Test
Former White House Aide Charges Hypocritical Attitude Toward Evangelicals
[Kuo] says some of the nation’s most prominent evangelical leaders were known in the office of presidential political strategist Karl Rove as "the nuts."Conservative Christian leaders questioned the timing of the book’s publication. (Washington Post). At his press briefing on Friday, White House Press Secretary Tony Snow emphasized that the White House has not seen the book, so it cannot respond to it. However, he said so far as there is an insinuation that the administration takes faith-based groups lightly, that is false. And he said that Carl Rove has denied the book’s report that he referred to evangelical leaders as "nuts".
"National Christian leaders received hugs and smiles in person and then were dismissed behind their backs and described as 'ridiculous,' 'out of control,' and just plain 'goofy,'" Kuo writes.
More seriously, Kuo alleges that then-White House political affairs director Ken Mehlman knowingly participated in a scheme to use the office, and taxpayer funds, to mount ostensibly "nonpartisan" events that were, in reality, designed with the intent of mobilizing religious voters in 20 targeted races.
Today Was "Liberty Sunday"
Church Sues City Over Ban On Food Aid In Downtown Areas
Friday, October 13, 2006
Texas Fair Held Public For Protection Of Religious Messages
Senate Committee Report Says Religious Group Was One That Aided Abramoff
Quebec Schools Seek More Accommodation of Religious Diversity
India's Supreme Court Says It Can Review Clemency Decision Based On Religion
Thursday, October 12, 2006
Canada's Moderate Muslims Want Government Protection From Fundamentalist Threats
3rd Circuit Denies En Banc Review In Title VII Case
Swiss City Debates Permitting Religious Cemeteries
Delaware AG Says Loans and Grant To Churches Were Unconstitutional
Times' Series On Religious Exemptions Criticized
Wednesday, October 11, 2006
Tennessee City Commissioner Supports Religion In Schools
Somalia Proposes Islamic Restrictions On Media
Iowa Diocese Files For Bankruptcy
UPDATE: The Associated Press on Wednesday distributed an interesting article on the risks and uncertainties of dioceses using the bankruptcy route to deal with priest sexual abuse liabilities.
Orthodox Church In Russia Insists Clergy Not Hold Civil Office
Michigan Rejects Intelligent Design In Science Classes
Catholic Hospital Succeeds In Defense Against Wiccan's Title VII Claim
Memorandum Raises 1st Amendment Defenses In Terrorism-Related Case
The Wooster (MA) Telegram & Gazette reports that last week, two high profile First Amendment lawyers filed appearances in a Massachusetts federal district court to represent the defendants. The lawyers are law professor Susan Estrich and former Massachusetts ACLU president Harvey Silvergate. On Oct. 5, 2006, they filed a fascinating 49-page memorandum urging dismissal of the indictment on First Amendment grounds. The case is United States v. Muhamed Mubayyid and Emadeddin Z. Muntasser (Criminal No. 05-40026-FDS, D MA).
The memorandum (available through PACER- subscription and fee required) argues that the information the defendants are charged with concealing related only to the ideological basis of Care International’s activities, and is therefore irrelevant to the granting of non-profit status to the group. It contends that the government is attempting to punish defendants for legitimate activities of an established religious charity that do not differ from the activities of mainline Jewish and Catholic organizations. The memorandum argues that the indictment misinterprets the concept of “jihad”, and that if the government’s theory is upheld, then mere distribution of the Koran by Muslim charities would become a criminal activity.
In arguing that Care International was merely pursuing religious goals, the memorandum says:
[I]t is well-established among all respectable sources that jihad, mujahideen, and zakat are all concepts which derive to varying degrees from the Koran and have enormous religious significance to practicing Muslims. Under the teachings of the Koran, Muslims have an obligation to give zakat,; the mujahideen are widely interpreted to be one of the eight categories of recipients entitled to zakat. The gravamen of the indictment is that Care was devoted to the support of "jihad" which the government simplistically defines as “holy war,” as if doing so negates the charitable and religious basis of Care’s and Mr. Muntasser’s claim to First Amendment protection and creates an obligation to supply information that would normally not be seen as material to such an application for tax-exempt status.