Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, March 25, 2007
Rice- Mubarak Spar Over Egypt's Proposed Constitutional Changes
UPDATE: On Tuesday Egypt announced that the voters had approved the 34 proposed constitutional amendments by a vote of 75.9% in favor. It said that turnout in Monday's referendum was 27%, but the Egyptian Organization for Human Rights says the turnout was much lower than that. (AP).
Recent Scholarship On Law and Religion
David E. Guinn, Erecting the Barrier: Creating the New Liberal Compact on Religion, Chap. 3, and The Terrors of Christendom, Chap. 2. in Constantine's Standard: Religion,Violence, Politics, Law & Faith to Die For.
Mostly from SmartCILP:
Richard M. Esenberg, You Cannot Lose If You Choose Not To Play: Toward a More Modest Establishment Clause, 12 Roger Williams University Law Review 1-69 (2006).
Larry O. Natt Gantt, II, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent University Law Review 1-93 (2006-2007).
James L. Heft, S.M., Religion and Politics: the Catholic Contribution, 32 University of Dayton Law Review 29-46 (2006).
Erin E. Goodsell, Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today’s South Africa, 21 BYU Journal of Public Law 108 (2007).
Symposium Issue: God & War. Foreword by Linda Bevilacqua; articles by John D. Carlson, Liaquat Ali Khan, David A. Bosworth, Jeffrey F. Addicott and John D. Altenburg, Jr. 7 Barry Law Review 1-163 (2006).
Pope Criticizes EU 50th Anniversary Statement
Saturday, March 24, 2007
Ohio's Anti-Funeral Picketing Law Largely Upheld
Preacher Challenging NC City's Permit Requirement
Ohio Ends Contract With Group Administering Faith Based Funds
Friday, March 23, 2007
Russian Museum Sued Over Anti-Christian Art
Demolition Permit Denial Violates Free Exercise Clause
Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause
Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause
Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)
Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.
Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....
We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.
NY State Takes Over Religious Discrimination Complaint Against Clinic
French Paper Acquitted On Charges of Publishing Caricatures of Muhammad
Portland Archdiocese Bankruptcy Reorganization Moves Ahead
Vietnam Recognizes Baha'i and 3 Other Groups
Thursday, March 22, 2007
Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses
Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed
UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]
Jordan's Parliament Deletes Controversial Provision In Proposed Press Law
Court Finds Cross On City Water Tower Unconstitutional
German Judge Cites Koran Verse In Denying Accelerated Divorce
UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).
UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]
Father Sues LDS Church Over Ordination Of Sons
Wednesday, March 21, 2007
Catholic-Jewish Commission Speaks On Religious Freedom
Even though the Enlightenment helped bring about a purification from the abuse of religion, secular society still requires religious foundations to sustain lasting moral values....
While on principle the state should not at all limit freedom of religion for individuals and communities nor of moral conscience, it has the responsibility to guarantee the wellbeing and security of society. Accordingly it is obliged to intervene wherever and whenever a threat is posed by the promotion, teaching or exercise of violence and specifically terrorism and psychological manipulation in the name of religion.
In addition to respecting the freedom of religious choices, the integrity of faith communities should also be guaranteed. Accordingly it is legitimate for a society with a predominant religious identity to preserve its character, as long as this does not limit the freedom of minority communities and individuals to profess their alternative religious commitments, nor to limit their full civil rights and status as citizens, individuals and communities....
[T]here is a special obligation upon religious leaders and communities to prevent the improper use of religion and to educate towards respect for diversity which is essential in order to ensure a healthy, stable and peaceful society.
NY Appellate Court Upholds Photographer's Rights Against Free Exercise Claim
EU Anniversary Statement Will Not Mention Religion
Santeria Priest Rejects Settlement Offer In RLUIPA Suit
Philippines Mandates Moderate Muslim Curriculum
Tuesday, March 20, 2007
Amici Urge Application of RFRA to Gitmo
The organizations who joined in the brief are the Baptist Joint Committee, American Jewish Committee, National Association of Evangelicals, National Council of Churches of Christ in the USA, General Conference of Seventh-day Adventists, Presbyterian Church (USA) and the United States Conference of Catholic Bishops.
New Rabbinic Court Judges Appointed In Israel Amidst Controversy
NC Governments Respond To Requests For Non-Sectarian Invocations
However in Thomasville, North Carolina, after heated debate, city council voted 6-1 last night for a policy that permits sectarian prayer. The Winston-Salem Journal reports that the new guidelines provide for council members to volunteer-- on a rotational basis-- to offer an invocation as a private citizen before council meetings formally begin. However the policy states: "No guidelines or limitations shall be issued regarding an invocation's content except that the Council shall request by the language of this policy that no prayer should proselytize or advance any faith, or disparage the religious faith or nonreligious views of others." Backers of the prayer policy say organizations like the ACLU want to strip Christians of their free speech. The Alliance Defense Fund has offered to defend the city in any challenge to its new policy.
Thailand Considering New Regulation Of Islamic Affairs
British Schools Will Be Permitted To Ban Niqab
Utah Delays Decision On FLDS Law Enforcement Officers
Egypt Moves Toward Constitutional Ban On Muslim Brotherhood As Politcal Party
UPDATE: Lebanon's Daily Star reported on March 22 that both Egypt's Muslim Brotherhood and the opposition Kefaya movement will boycott the March 26 referendum on Egypt's proposed constitutonal amendments in order to deny legitimacy to them.
Monday, March 19, 2007
Reports and Transcript of "Bong Hits 4 Jesus" Arguments in Supreme Court
Justice Stephen G. Breyer seemed to capture the court’s concerns.... "It's pretty hard to run a school where kids go around at public events publicly making a joke out of drugs," Justice Breyer told Douglas K. Mertz, the lawyer representing former high school student Joseph Frederick.... [However] Justice Breyer said he worried that if he took the student’s side, "we’ll suddenly see people testing limits all over the place in the high schools. But a rule that's against your side may really limit people's rights on free speech. That’s what I’m struggling with."
McCain Says He Needs Evangelical Support To Win
Supreme Court Hears Arguments Today In Student Speech Case With Implications For Religious Freedom
The Washington Post last week described the case as "the most important student free-speech conflict to reach the Supreme Court since the height of the Vietnam War". A number of Christian conservatives-- while they do not like the student's apparently pro-drug message-- nevertheless strongly defend Frederick. Religion News Service quotes Kelly Shackelford, chief counsel for Liberty Legal Institute, who said: "in my opinion this is probably one of the most dangerous cases to religious freedom in the last decade - because you don't think it's about religion". Christian groups argue that a win for the school could empower schools to engage in "viewpoint censorship" to restrict controversial speech-- from anti-abortion T-shirts to student-run Bible clubs.
Meanwhile, SCOTUS blog on Saturday suggested that the case is complicated by basic disagreement on many of the facts. The parties differ over whether or not Frederick was taking part in a school-sponsored event and disagree over the meaning of the message on Frederick's banner.
Law Memo has links to the briefs of the parties and of all the amici, as well as to the petition for cert. and related documents.
New Articles on Law and Religion
Gregory C. Sisk, John Paul II: The Quintessential Religious Witness in the Public Square, Journal of Catholic Legal Studies, Vol. 45, p. 241, 2007.
From SmartCILP:
Garrett Epps, Some Animals Are More Equal Than Others: The Rehnquist Court and "Majority" Religion, 21 Washington University Journal of Law & Policy 323-347 (2006).
Noah Feldman, Division, Design, and the Divine: Church and State in Today's America, 30 Oklahoma City University Law Review 845-862 (2005).
Richard W. Garnett, Modest Expectations?: Civic Unity, Religious Pluralism, and Conscience, (Reviewing Noah Feldman, Divided by God: America's Church-State Problem--And What We Should Do About It; and Kevin Seamus Hasson, The Right to be Wrong: Ending the Culture War Over Religion in America.) 23 Constitutional Commentary 241-269 (2006).
Jay D. Wexler, The Endorsement Court, 21 Washington University Journal of Law & Policy 263-306 (2006).
Historian Says Napoleon's Relations With Jews Could Be Pattern For Muslims In France Today
Sunday, March 18, 2007
Exclusion of Prison Ministry Workers From Jury OK'd
Nashville May Permit Fugitives To Surrender At Churches
Podcast of Debate On Church-State Available
Preacher's Claim Against University Is Moot
Recent Prisoner Free Exercise Cases All Involve Muslim Prisoners
In Small v. Sirmons, 2007 U.S. Dist. LEXIS 18410 (ED OK, March 14, 2007), an Oklahoma federal court dismissed the claim of a prisoner that his First Amendment rights were violated when he was not allowed to abstain from off-premise work on Fridays in order to attend Jumah prayer services at his prison facility. Instead he was given time to pray alone at his work site.
In Harvey v. West, 2007 U.S. Dist. LEXIS 17861 (SD IL, March 14, 2007), an Illinois federal Magistrate Judge rejected claims of a Muslim prisoner that he was not always allowed to attend Muslim services, Muslim services sometimes started late, and he was told that he could attend only one service a week. Also rejected were general claims of discrimination and a claim that he was harassed when attempting to practice his religion.
In Talbert v. Smith, 2007 U.S. Dist. LEXIS 17108 (WD VA, March 9, 2007), a Virginia federal district court permitted a Nation of Islam member to move forward with a RLUIPA claim that prison officials illegally confiscated Muslim lessons from him.
Korean Conscientious Objectors To Go To United Nations
Saturday, March 17, 2007
Proposal In Israel To Expand Rabbinic Court Jurisdiction
Oklahoma Court Says Christian Medi-Share Is Insurance Company
Hindu to Become Acting Chief Justice In Pakistan
Congressional Hearing Discusses Establishment Clause and Indian Health Care
Maryland "Get" Bill Defeated In Senate
Settlement Permits Equal Use Of Village Property By Religious Groups
Indian State Considering Controversial Bills On Control Of Religious Matters
The second bill of concern to some Hindus is the "Temples or Religious Institutions (Management and Regulation) Act". Under it, the government could take over management of certain temples and trusts. (Pune, March 12.)
Friday, March 16, 2007
Australian Court Orders Dismissed Rabbi Not To Conduct Services
Now the District Court has issued a restraining order barring the rabbi from conducting services at the synagogue, even though Engle says that the Sydney Beth Din has issued an order determining that he is still rabbi of the congregation. Rabbi Engel's lawyer, Bernard O'Brien, says that the rabbi has a religious duty to conduct services, so that the court may be faced with the prospect of ordering him to jail.
New Jersey Considering Bills On Religious Accommodation
Senate Bill 2377 requires the state to provide alternate test dates because of days of religious observance for certain applicants seeking a state license.
Senate Bill 2379 stipulates that a nursing home resident has the right to receive food that meets the resident’s religious dietary requirements.
Senate Bill 2380 requires health-care representatives to make decisions for incapacitated patients in accordance with the patient’s religious beliefs.
Senate Bill 2488 makes it illegal to discriminate against employees because of their religious practices.
Senate Bill 2489 provides for religious accommodation regarding admission procedures at licensed health-care facilities.
Assembly Bill 3512 would require alternative testing arrangements be provided to certain students unable to attend tests at their regular administration due to religious observance.
Assembly Bill 3516 provides for religious accommodation regarding organ donations.
Husband Seeks To Enjoin Picketers Protesting His Refusal To Sign a "Get"
NY Lawsuit Is Really Over Whether To Discuss The Rebbe As Messiah
Agudas Chassidei Chabad asserted its authority over the synagogue in which the Rebbe used to preach after a group of youngsters who believe that Schneerson is the living Messiah tore out a plaque that had recently been installed in the synagogue by Chabad's international leaders. The youths were angry because the plaque referred to Schneerson with a Hebrew acronym used for the dead.
This week a New York judge ordered the case to trial, finding that he was unable to rule for either side based on the pleadings alone. In the many affidavits filed in the case so far, it appears that most Chabad leaders privately believe that the rebbe was the Messiah. They disagree though over whether he died to return in the future or just disappeared for a time. The lawsuit though reflects a different split in the movement -- whether to discuss the views of Schneerson as the Messiah publicly for fear of frightening away many unaffiliated Jews who support Chabad.
DOJ Sues NY Corrections Department For Religious Discrimination
3rd Circuit Allows Discovery On Whether School Qualifies For ADA Religious Exemption
High School Credit For Religion Course Challenged In South Carolina
House Committee Rejects Religious-Based Hiring For Head Start
Thursday, March 15, 2007
Scalia vs. Rabbi On Capital Punishment
I allowed as to how I wasn't a lawyer, I was a rabbi and more expert in Jewish law than secular law--to which he replied something like "Thank God," which I wasn't sure how to take--and I opined as to how the rabbis were "originalists" regarding the Torah (after all, it comes from God!), yet they effectively eliminated capital punishment through procedural barriers. Justice Scalia replied "I know about those rabbis--the Sanhedrin would declare a mistrial if they voted unanimously to condemn someone to death because they assumed there must have been something fishy going on!" The implication seeming to be that this was really going too far.
Ministerial Exception Precludes State Whistleblower Suit
10 Commandments Not Yet Back On Kentucky Capitol Grounds
Turkey's Religious Foundations Bill Vetoed; But Parliament May Override
House of Representatives Calls On Bangladesh to Release Journalist
Algeria Plans To Bar Imams From Political Activity
Should Muslim Grocery Cashiers Be Permitted To Avoid Handling Pork Products?
UPDATE: A report from the Star-Tribune on Saturday says that Target is reassigning Muslim cashiers who object to handling pork products for religious reasons to other jobs at their stores.
Bahrain Parliamentarian Calls For Probe Into Anti-Islamic Dance Performance
Wednesday, March 14, 2007
Student-Prof Spar Over Religion In Term Paper
Study Finds Anti-Semitic Incidents In US Down In 2006
Australian Imams Say Paying Taxes Violates Islamic Law
Bill To Ban Proselytization Introduced In Israel
Imams Removed From Air Flight File Civil Rights Suit
Establishment Clause Challenge To Liquor Licensing Rule Rejected
The court went on to find that the Santa Rosa county waiver provision is unconstitutionally vague, but that it may be severed from the remainder of the statute. This leaves plaintiff to pursue its equal protection and substantive due process challenges to the remainder of the Code provisions.
CAIR Becomes Controversial In Washington
Yesterday, CAIR presented a panel discussion on "Global Attitudes on Islam-West Relations: U.S. Policy Implications " in a Capitol meeting room over objections of some House Republicans who said that CAIR's members are "terrorist apologists". The website CAIRwatch collects many of the charges against CAIR.
Utah Supreme Court Says No Tolling Of Limitations In Priest Sexual Abuse Case
Fired NY Teacher Loses Title VII Claim
Tuesday, March 13, 2007
Top US Military General Says Gay Relationships Are Immoral
UPDATE: Today Gen. Pace issued a statement saying that in his interview with the Chicago Tribune, he should have focused more on his support for the military's "don't as, don't tell" policy that does not make a moral judgment, and less on his personal moral views. [Thanks to Alliance Alert for the lead.]
9th Circuit Holds Snowbowl Waste Water Plans Violate RFRA
Explaining its holding, the court said:
The record in this case establishes the religious importance of the Peaks to the Appellant tribes who live around it. From time immemorial, they have relied on the Peaks, and the purity of the Peaks' water, as an integral part of their religious beliefs. The Forest Service and the Snowbowl now propose to put treated sewage effluent on the Peaks. To get some sense of equivalence, it may be useful to imagine the effect on Christian beliefs and practices — and the imposition that Christians would experience — if the government were to require that baptisms be carried out with "reclaimed water."The Associated Press yesterday, reporting on the decision, said that Snowbowl Resort investors have spent $4 million on the environmental impact statement and legal fees in their attempt to expand the resort and its ski season.
Pennsylvania City Limits Council Prayer To Pre-Meeting Times
UPDATE: Tuesday's Daily Local published an interesting editorial criticizing Council's new policy, saying: "What City Council needs to do is meet at the local diner, the local burger joint, the nearest mall. But it can’t just meet as a governing body in a city building and pray — but not call it prayer."
High Schoolers Demand To Pray In Busy School Commons Area
Egyptian Blogger's Jail Sentence Upheld
Churches To Offer Sanctuary To Prevent Deportations That Split Families
Serbia Slow In Implementing Law To Return Church Lands
Monday, March 12, 2007
Hugo Chavez and Venezuela's Christians
Secular Islam Summit In Florida Calls For Church-State Separation
Recently Available Prisoner Free Exercise Decisions
In Jamal v. Arpaio, 2007 U.S. Dist. LEXIS 16212 (D AZ, March 6, 2007), an Arizona federal district court found a sufficient basis in a prisoner's complaint to order defendants to answer charges that plaintiff 's free exercise rights were violated when defendants refused to provide him a copy of the Quran, he was not permitted to participate in congregational prayer, he was denied a religious or pork free diet, and he was subjected to constant and loud Christian music.
In Morris v. Newland, 2007 U.S. Dist. LEXIS 15725 (ED CA, March 6, 2007), a California federal Magistrate Judge recommended that a Muslim prisoner be permitted to move ahead with his claims that prison officials created a custom or policy of depriving him of his right to practice his religion of Islam when female officers were allowed to observe him unclothed. Defendants had failed to frame any argument against plaintiff's entitlement to relief on these claims.
In Marshall v. Church of the Larger Fellowship, 2007 U.S. Dist. LEXIS 8571 (ED AK, Feb. 2, 2007), an Arkansas federal district judge adopted the recommendations of a Magistrate Judge, 2007 U.S. Dist. LEXIS 15459 (ED AK, Jan. 17, 2007) that plaintiff prisoners' claim be dismissed. Plaintiffs had alleged that a church, its pastor and a church chaplain violated their First Amendment rights when they wrongfully enticed them to join their congregation, without first informing them that some of their membership privileges would be limited due to their incarceration. The court held that the First Amendment does not apply to actions of private individuals or private entities, such as defendants in this case.
In Ransom v. Johnson, 2007 U.S. Dist LEXIS 15234 (ED CA, March 5, 2007), a California federal Magistrate Judge permitted a Muslim prisoner to move ahead with a claim that prison officials improperly placed him in a status that denied him the ability to earn work credits. This, he alleged, infringed his free exercise rights by preventing him from attending 26 communal prayer services.
In Lamon v. Pliler, 2007 U.S. Dist. LEXIS 15247 (ED CA, March 2, 2007), a California federal district court held that plaintiff prisoner had adequately exhausted his administrative remedies as to his complaint that he was prevented from practicing his religion when he was not provided a vegetarian diet.
Smith v. Taylor, 2006 U.S. Dist. LEXIS 95586 (ND NY, May 31, 2006), is a case decided some months ago that has recently become available. In it a prisoner challenged the legality of a strip search to which he was subjected by prison officials upon his entering the special housing unit of the prison. One of plaintiff's arguments was that his Muslim religion prohibits strip searches and prohibits the viewing of his naked body by others. A New York federal district court held that reasonable prison regulations which further an important purpose may restrict religious expression and practice.
Pastor Sentenced By Uzbeki Court For Illegal Religious Activity
Sunday, March 11, 2007
Recent Scholarly Articles On Church-State Issues
Marc L. Roark, Reading Mohammed in Charleston: Assessing the U.S. Courts Approach to the Convergence of Law, Religion and Commerce, (March 2007).
From SmartCILP:
Sherman A. Jackson, Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?, 30 Fordham International Law Journal 158-176(2006).
Jeremy Patrick, Church, State, and Charter: Canada's Hidden Establishment Clause, 14 Tulsa Journal of Comparative & International Law 25-52 (2006).
Meghan J. Ryan, Can the IRS Silence Religious Organizations?, 40 Indiana Law Review 73-96 (2007).