Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, August 23, 2006
Muslim Parties Oppose Pakistani Women's Rights Bill
Tuesday, August 22, 2006
Delaware School District Rejects Settlement; Insurer Doesn't Want To Pay
UPDATE: A posting on Jews On First dated Aug. 24 gives additional details on the dispute between Indian River School District and its insurer, including links to all the unsealed pleadings in the litigation.
UPDATE: A report from the News Journal on Aug. 24 says that the Indian River School District has now drawn up an alternative settlement proposal.
Evangelical Pastor Arrested For Trespassing At Mormon Pageant
Michigan Excludes Some Religious Employers From Health Plan Requirement
Arguments Underway In Challenge To Australian Religious Hatred Law
More Prisoner Free Exercise Cases
In Pinkston-El v. Snyder, 2006 U.S. Dist. LEXIS 58001 (SD IL, Aug. 17, 2006), an Illinois federal district court accepted the recommendation of a Magistrate Judge and rejected a prisoner's statutory and constitutional free exercise challenges to the Illinois Department of Corrections grooming policy. That policy prohibits "hairstyles that create a risk that contraband hidden in the hair cannot be detected or that impede searches for contraband or that pose a risk that contraband hidden in the hair may injure the employee(s) charged with searching the offender." Plaintiff Pinkston-El, a member of the Moorish Science Temple, had taken a Nazarite vow that precluded him from cutting his hair.
In Shidler v. Moore, 2006 U.S. Dist. LEXIS 58097 (ND IN, Aug. 9, 2006), an Indiana federal district court permitted a Sunni Muslim prisoner to move forward with his 1st and 14th Amendment and RLUIPA claims involving denial of prayer oil, denial of communal worship and denial of participation in Ramadan activities, as well as his complaint that classifying him as a Christian and preventing him from using his religious name on his mail prevented him from practicing his religion.
Monday, August 21, 2006
Recent Articles On Religion and Law
Allan J. Samansky, Tax Consequences When Churches Participate in Political Campaigns (August 2006).
Steven Goldberg, Cutter and the Preferred Position of the Free Exercise Clause, 14 William & Mary Bill of Rights Journal 1403-1419 (2006).
David M. Smolin, Overcoming Religious Objections to the Convention on the Rights of the Child, 20 Emory International Law Review 81-110 (2006).
T. Jeremy Gunn, The Religious Right and the Opposition to U.S. Ratification of the Convention on the Rights of the Child, 20 Emory International Law Review 111-128 (2006).
Patrick McKinley Brennan, The "Right" of Religious Liberty of the Child: Its Meaning, Measure, and Justification, 20 Emory International Law Review 129-155 (2006).
Steven H. Resnicoff, Supplying Human Body Parts: A Jewish Law Perspective, 55 DePaul Law Review 851-874 (2006).
William E. Stempsey, Religion, Philosophy, and the Commodification of Human Body Parts, 55 DePaul Law Review 875-888 (2006).
Li-ann Thio, Control, Co-Optation and Co-Operation: Managing Religious Harmony in Singapore's Multi-Ethnic, Quasi-Secular State, 33 Hastings Constitutional Law Quarterly 197 (2006).
Francis J. Beckwith, The Court of Disbelief: The Constitution's Article VI Religious Test Prohibition and the Judiciary's Religious Motive Analysis, 33 Hastings Constitutional Law Quarterly 337 (2006).
Nigerian Group Presses For Law Protecting Religious Freedom
Sunday, August 20, 2006
Court Holds RLUIPA Applies To Private Prisons
Religious Displays and Harrison County, WV
Tokens of Christianity, such as crosses or religious mottos, can be seen in schools and government buildings all over Harrison County. In a women's bathroom at the Harrison County Board of Education offices, there are a few amenities on the toilet. An extra roll of toilet paper. A bottle of cucumber-melon scented spray. Alongside them sits a powder blue, leather bound pocket bible titled "New Testament: Psalms Proverbs."
Federal Pre-Emption Requires Objector To Furnish SS Number For Drivers License
Teens Urge Repeal Of Anti-Polygamy Laws
Wiccan Prison Chaplain May Proceed With Establishment Clause Claim
Saturday, August 19, 2006
Religious Objections To Recitation Of India's National Song
A Particularly Literate and Engaging Decision In Oklahoma 10 Commandments Case
While the opinion has been covered extensively—a release by Alliance Defense Fund, a story in the Tulsa World, a report from the Associated Press (including a photo of the monument), and a posting on How Appealing blog—none of these capture the truly refreshing flavor of the opinion. Here are a some excerpts:
The Findings of Fact are labeled "Cantico I". In part A. captioned "Here Is Set Forth The Story Of The Monument’s Erection And The Subsequent Although Not Necessarily Consequent Events", Judge White explains at length the setting and background of the monument. Focusing on the identity of the defendants, he writes:
The Commissioners during the relevant time period in this case were Henry Few, Kenny Short, and Sam Cole. Mr. Cole unfortunately died after this lawsuit was filed and only seventeen days after his deposition was taken. There is no known connection.Describing the monument, he says:
This phrasing has been described by all parties to this litigation as the "King James Version" ("KJV") of the Ten Commandments. That description is not grossly inaccurate, but is something of a stretch…. The Monument’s text could best be described as a butchered paraphrase of the KJV. The only real similarities between them are the numerical order of the Commandments and the prodigious use of the idiom "shalt"."Cantica II" of the opinion—The Conclusions of Law—contain some subheadings ("Cantos") that are direct quotes from Dante. Thus the first subpart is labeled "Justice the founder of my fabric mov’d: To rear me was the task of power divine, Supremest wisdom, and primeval love." Early on, Judge White engages in an extensive discussion of the meaning of "purgatory" in Catholic doctrine, criticizing the 6th Circuit for remarking that the Supreme Court’s two 10 Commandment decisions left them "in Establishment Clause Purgatory".
Particularly interesting is Judge White’s discussion in "Canto C" labeled "Here Is Set Forth The Catechism of McCreary and Van Orden". Focusing on whether the Haskell County monument was part of an integrated historical display, he wrote:
Suffice it to say that the Haskell County courthouse lawn is pure Americana. True, there is no grand integral design of the various monuments and displays on the lawn. They were dreamed up, developed and deposited over the years, each reflecting that generation’s view of what is appropriately historical, artistic and pretty. Perhaps the next generation will add the cannon or a nice shrubbery. In any event, this court does not fathom how artistic integration must be a bedrock constitutional requirement simply because a text of one of the displays contains religious sentiments.Only a full reading does justice to the opinion.
Circumcision Opponents Being Undercut By Science
Friday, August 18, 2006
Decalogue Builders Pay More Attention To Precedent Now
Court Orders Mobile Home Park To Allow Religious Use of Clubhouse
West Virginia School's Jesus Portrait Stolen-- Is Case Moot?
UPDATE: On Saturday, the Times West Virginian reported that the Harrison County School Board accepted Alliance Defense Fund's offer to defend the display of the Jesus portrait. ADF, as well as 7 other law firms, had offered free representation. The $150,000 raised for the Board for defense costs will be held in case the Board loses and is required to pay costs and punitive damages. Also lawyers for both sides say the suit will go ahead even though the portrait has been stolen. The Board has rejected the offer of a replacement portrait for the one stolen, pending the outcome of litigation.
Recent Prisoner Free Exercise Cases
In Raiford v. Wallens Ridge State Prison, 2006 U.S. Dist. LEXIS 56271 (WD VA, Aug. 11, 2006), a Virginia federal district court rejected an inmate's claim that his free exercise rights were violated when he did not receive appropriate meals for Passover and when he was denied the Common Fare Diet. Inmate Thomas Raiford failed to offer evidence of his religious beliefs requiring him to receive such meals.
In Watts v. Director of Corrections, 2006 U.S. Dist. LEXIS 56193 (ED CA, Aug. 10, 2006), a California federal Magistrate Judge, ruling on summary judgment motions, recommended that Rastafarian prisoner's RLUIPA and equal protection claims in connection with California hair length grooming standards for prisoners go to trial. In its motion the state failed to show that its grooming standards were the least restrictive means of furthering the its interest. The equal protection claim focused on the fact that the state's policy was applicable only to male prisoners. However because the state has subsequently changed its grooming standards, the only relief that can be available is expungement of plaintiff's disciplinary reports.
In Smith v. Beauclair, 2006 U.S. Dist. LEXIS 56561 (D ID, Aug. 11, 2006), an Idaho federal district court denied state prison officials' motions for summary judgment on some of the RLUIPA claims of by an inmate who had requested accommodation of various of his individualized versions of Cherokee religious practices. Plaintiff was permitted to move ahead on his request for accommodation for use of a Sacred Fire, exceptions to the grooming standards, and use of medicinal herbs, but not on his claims for tobacco smoking, daily smudging of his cell and a special diet. The court granted qualified immunity to individual defendants on damage claims against them, but warned that "this ruling should not be construed as a license to ignore future religious accommodation requests from inmates with individualized religious beliefs."
In Price v. Scott, 2006 U.S. Dist. LEXIS 57263 (ND IN, Aug. 14, 2006), an Indiana federal district court ruled against an inmate who alleged that correctional authorities prevented him from practicing his Native American religion in violation of the First Amendment, RLUIPA and the American Indian Religious Freedom Act. The court held that prison officials fully satisfied their obligation to accommodate the plaintiff's religious beliefs when they offered him a transfer to a different prison that had an active Traditional Native American religious group.
Thursday, August 17, 2006
German Authorities Say Madonna Concert Might Violate Ban On Insulting Religion
UPDATE: It was reported on Aug. 22 that prosecutors have decided against opening an invetigation of Madonna's concert performance. (Myrtle Beach Sun-News.)
Boise, Idaho 10 Commandments Initiative Can Proceed
House Homeland Security Chairman Endorses Religious Profiling
Jewish Groups Split Over Taking Federal Homeland Security Funds
Petition For Cert Filed In Establishment Clause Standing Case
Georgia Tech Changes Speech Code To Settle Suit By Conservative Students
California Proposal To Fund Mission Repair Formally Defeated In Committee
Wednesday, August 16, 2006
5th Circuit Finds Bible Display In Courthouse Monument Unconstitutional
A dissent by Judge Jerry Smith argued that the majority has "enable[d] a candidate for political office to alter the character and constitutionality of a longstanding, privately-owned memorial merely by invoking religion and making benign alterations to the monument’s appearance.... This formerly unknown principle of constitutional law-- which perhaps should be crowned the 'Principle of Devine Intervention' --has serious doctrinal and practical consequences."
Yesterday's Houston Chronicle covers the decision. It reports that the county is likely to seek en banc review of the decision.
Councilman Loses In Attempt To Offer Christian Prayers
School Board Will Defend Jesus Portrait
Family Sues On School Reassignment That Interferes With Religious Class
Tuesday, August 15, 2006
New Voter Registration Drive In Evangelical Churches
Yemen Court Finds Jihad Permissible
Developments In Navy Chaplain's Court Martial
Indian Supreme Court Stays Law On Qualifications For Hindu Priests
Monday, August 14, 2006
President Signs Bill Transferring Mt. Soledad Cross To Feds
No Establishment Clause Problem With Ban Of Prostitution Near Churches
Challenge To Faith-Based Jail Program Moves Ahead
Recent Articles On Law, Religion and Religion Clauses
- Bernard M. Levinson, The First Constitution: Rethinking the Origins of Rule of Law and Separation of Powers In Light of Deuteronomy, 27 Cardozo Law Review 1853-1888 (2006).
- Michael R. Marrus, A Jewish Lobby at Nuremberg: Jacob Robinson and the Institute of Jewish Affairs, 1945-1946, 27 Cardozo Law Review 1651-1665 (2006).
- Eric Claeys, Justice Scalia and the Religion Clauses: A Comment on Professor Epps, (Washington University Journal of Law and Policy, Vol. 21, 2006).
- Frederick M. Lawrence, The Hate Crime Project and its Limitations: Evaluating the Societal Gains and Risk in Bias Crime Law Enforcement, (GWU Legal Studies Research Paper No. 216).
Investment Frauds Target Church Members
Sunday, August 13, 2006
Arkansas Candidates On Intelligent Design
Beebe did not say whether the theory should be a required part of the state’s curriculum.
By contrast, Democratic candidates for attorney general and lieutenant governor say the science curriculum should be left to science teachers, not politicians. AG candidate for Dustin McDaniel said: It's up to our churches and our families to explain exactly how the scientific parts of the universe are created by God. He added, "I’m not running to be the state’s science officer."
Republican candidate for lieutenant governor, Jim Holt, said teachers should have the option to teach about intelligent design. He called evolution "a fraud theory" and argued that keeping ID out of public schools is censorship.
UPDATE: On Monday, Democratic nominee for governor Mike Beebe clarified that while he believes information on intelligent design should be available to students, court rulings require that the theory be taught only in churches, faith organizations and private groups. (Arkansas Democrat Gazette, Aug. 15).
Atheist Family Files Civil Rights Claims Against School and Sheriff's Department
Chinese Journalist Detained For Reporting On Protests Against Church Demolition
Christian Street Preacher's Civil Rights Claims Will Proceed To Trial
NC Court Rejects Free Exercise Defense To Drug Charges
North Korea's First Russian Orthodox Church
More Prisoner Free Exercise Cases
In Smith v. Ozmint, 2006 U.S. Dist. LEXIS 54852 (D SC, March 31, 2006), a South Carolina federal district court accepted a Magistrate Judge's recommendation that a preliminary injunction be denied in a RLUIPA challenge to prison grooming policies by a Rastafarian prisoner.
In Wren v. Johnson, 2006 U.S. Dist. LEXIS 54183 (SD TX, July 26, 2006), a Texas federal district court dismissed an action by a Native American prisoner who alleged that he was denied the opportunity to participate in sweat lodge and pipe ceremonies.
In Grigsby v. Sims, 2006 U.S. Dist. LEXIS 55599 (SD OH, Aug. 10, 2006), an Ohio federal district court dismissed an inmate's claim that his free exercise rights were violated when he was required to work on Sundays. The inmate failed to present evidence to support his claim that he is a practicing Christian who sincerely believes that Sunday should be observed as a day of rest. UPDATE: For the Magistrate Judge's report and recommendations in the case (adopted by the court), see 2006 U.S. Dist. LEXIS 59860 (SD OH, June 28, 2006).
In Roberts v. Ozmint, 2006 U.S. Dist. LEXIS 55486 (D SC, Aug. 7, 2006), a South Carolina federal district court rejected a Hebrew Israelite prisoner's claim that forced haircuts violate his free exercise rights.
In Hastings v. Marciulionis, 434 F. Supp. 2d 585 (D WI, June 6, 2006), a Wisconsin federal district court rejected an inmate's challenge to rules of a halfway house program that prevented him from leaving to attend religious services or a Pow Wow during his first 14 days in the program and which precluded him from possessing an eagle feather at the halfway house.
Saturday, August 12, 2006
Court Does Not Stop City-Sponosored "Day of Faith"
Religious Issues Dominate Murder Trial In Turkey
"Ministerial Exception" Blocks 2 Title VII Race Cases
In Ajabu v. St. James United Methodist Church, 2006 U.S. Dist. LEXIS 55014 (MD GA, Aug. 8, 2006), a Georgia federal district court relied on the ministerial exception to Title VII to dismiss a case brought by a black pastor who claimed that he was terminated as Associate Pastor of a white church for racial reasons, and that the church's claim of doctrinal differences was merely a pretext.
Controversy Over Sunday Use Of City Ball Fields
Friday, August 11, 2006
RI Auto Dealer Sunday Closing Law Upheld
US Muslims Object To Bush's Statement On Terror Arrests
Good News Clubs Win Again In 4th Circuit
Colorado Court Allows Church Challenge To Parking Limits
Canadian Court Rejects Church's Tax Discrimination Claim
UN Official Assesses Religious Freedom In Maldives
Thursday, August 10, 2006
Buddhist Temple Sues California City For Use Permit
Regulations Issued Under Serbia's New Religion Law
History Of Witness Oaths
California Proposal To Fund Historic Missions Stalls
Coast Guard To Change Religious Head Covering Policy
University Of Wisconsin Refuses To Recognize Student KofC Group
UPDATE: The University of Wisconsin announced that it reached an agreement with the Knights of Columbus yesterday to create a student group open to all students that will be recognized by the University in time for the beginning of Fall semester.
UPDATE: On Thursday, the faculty adviser to the Knights of Columbus denied that an agreement had been reached with the University of Wisconsin.
UPDATE: Later on Thursday, the University apologized for its erroneous announcement of an agreeement with K of C. (Gazette Extra).
Court Rejects Free Exercise Defense To Child Support Order
City Gives Church Use Permit To Avoid Lawsuit
Wednesday, August 09, 2006
Court Refuses To Dismiss Suit By Christian Schools Against UC
En Banc Review To Be Sought In O'Hare Case
New Jersey Supreme Court Expands Sexual Abuse Liability Of Charitable Organizations
State Judge Admonished For Infringing Muslim Woman's Rights
Tuesday, August 08, 2006
Aso Proposes Turning Shrine Into Secular Memorial
2nd Circuit Hears Arguments In Church Anti-Gay Billboard Case
Church Groups Lack Standing To Challenge Lethal Injection
Finnish Court Finds Religious Male Circumcision Illegal
Recent Prisoner Cases
In Balawajder v. Texas Dep't of Criminal Justice Institutional Division, (TX Ct. App., July 31, 2006), a Texas state appeals court reversed a trial court and decided that issues of fact remain in claims by a Hare Krishna inmate brought under the Texas Religious Freedom Restoration Act. The court held that issues remain as to whether the Department has a compelling interest in prohibiting additional storage space for religious materials, even though it allows it for legal and educational materials, and whether the it has a compelling interest to prevent the administrative burden of reviewing prisoners' eligibility for additional storage space for religious materials.
In Henderson v. Berge, (7th Cir., Aug. 3, 2006), the 7th Circuit Court of Appeals rejected a Taoist prisoner's Establishment Clause claim based on a Wisconsin prison's providing a satellite television channel broadcasting Christian programming, but not ones providing programming for other religions.
Monday, August 07, 2006
New Head Of White House Faith-Based Office Appointed
One of the few papers covering the appointment of the Indiana resident was the Indianapolis Star which said that White House officials discovered Hein when, at the suggestion of former Indiana Senator Dan Coates, they went to Hein for suggestions about other candidates for the job.Mr. Hein is the President of the Sagamore Institute for Policy Research, a national think tank he founded that specializes in community-based reforms. Mr. Hein also serves as Executive Vice President and CEO of the Foundation for American Renewal, which provides financial grants and other support to community-based organizations and educates the general public on effective compassion practices.
"Jay has long been a leading voice for compassionate conservatism and a champion of faith and community-based organizations. By joining my Administration, he will help ensure that these organizations receive a warm welcome as government's partner in serving our American neighbors in need," stated President Bush.
Mr. Hein previously was Executive Director of Civil Society Programs at the Hudson Institute. Earlier in his career, he served as a Welfare Reform Policy Assistant to the Governor of the State of Wisconsin...
Planned Katrina Memorial Creates Church-State Issues
The ACLU of Louisiana has protested. Its July 28 open letter to St. Bernard Parish President Henry Rodriguez said that either building a religiously neutral monument or moving the monument to private property would be acceptable. However the Times-Picayune article suggests that now the ACLU is arguing that even if the memorial is placed on private property, there was sufficient government involvement in authorizing it to create Establishment Clause problems.
Cardinal Says Basic British Document Supports Anti-Catholic Attitudes
Sunday, August 06, 2006
Kentucky Schools Rediscovering Old Statute
School Board Wants Private Funds To Defend Jesus Painting
Malaysia Ruling On Jurisdiction In Mixed Family Law Issue
Friday, August 04, 2006
RFRA Challenge To FAA Approval Of O'Hare Expansion Rejected
In a 2-1 decision, the majority held that the expansion plan that will impact the cemetery was developed and will be implemented by the city of Chicago. RFRA applies only to the federal government, not to state and local government action. FAA approval does not turn the city's implementation into into federal action. Judge Griffith dissenting argued that FAA approval of a plan that it screened, studied, chose and modified is enough to require the FAA to comply with RFRA.
In addition, the court the court unanimously held that it lacked jurisdiction to consider a challenge to the FAA letter expressing a nonbinding intention to obligate federal funding for O'Hare's expansion because the letter was not a final order.
The Chicago Tribune covers the court's decision. It explains that additional litigation remains. A suit now before the U.S. 7th Circuit Court of Appeals, among other things, is challenging a 2003 Illinois law that specifically exempted the cemeteries involved from the state's Religious Freedom Restoration Act. (See prior posting.)