Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, March 01, 2006
Church-State Tensions In Spain
Government spokesman Fernando Moraleda said, "This is a government that is deeply secular and reform-oriented," and it must adapt Spain to its position as a modern member of the European Union. Church supporters say Zapatero's government is anti-clerical and out of touch with Spanish society, which is more than 80 percent Catholic. Government moves aim at changing the constitutional balance between church and state that was created under Spain's 1978 Constitution, adopted after the death of the longtime dictator Gen. Francisco Franco. Clashes between the Spanish left and the church helped propel Franco to power during the 1936-39 Spanish Civil War.
Anti-Evolution Proposals In the West-- One Dies While Another Is Born
Meanwhile, the Las Vegas Sun reports that in Nevada on Tuesday, masonry contractor Steve Brown filed an initiative petition with the secretary of state's office. His proposal would require that students, by the end of the 10th grade, be informed that "although most scientists agree that Darwin's theory of evolution is well supported, a small minority of scientists do not agree." Several "areas of disagreement" would have to be covered in class, including the view by some scientists that "it is mathematically impossible for the first cell to have evolved by itself." Students also would have to be told some scientists argue "that nowhere in the fossil record is there an indisputable skeleton of a transitional species, or a 'missing link'", and "be informed that the origin of sex, or sex drive, is one of biology's mysteries" and that some scientists contend that sexual reproduction "would require an unbelievable series of chance events".
Brown will need to collect 83,184 signatures by June 20 to get his plan on the November ballot, and will have to get voter approval both this year and in the 2008 elections for the amendment to be finally adopted.
School Can Remove Religious Postings From Teacher's Classroom
The Associated Press report on the case indicates that Lee's postings included news articles about President Bush's religious faith and former Attorney General John Ashcroft's prayer meetings with his staffers; a flier publicizing the National Day of Prayer; and a depiction of George Washington praying at Valley Forge.
UPDATE: Steve Taylor, attorney for teacher William Lee, says he will appeal the decision to the 4th Circuit Court of Appeals.
Tuesday, February 28, 2006
Board Committee Meeting On Textbook Depiction of Hindus Is Contentious
Free Exercise Claim To Use of Hemp Rejected
More Questions Raised On Boston's Sale Of Land To Mosque
Jewish Group Endorses Principles Supporting Pluralistic Democracy
The resolution went on to deal with a number of specific issues in more detail It said that science and medicine-- including funding, research, availability of medicines and services, and appointments to governmental advisory boards-- need to remain independent from religious, political and ideological interferences.The pairing of the Free Exercise Clause alongside the Establishment Clause secures for Americans freedom of religion and freedom from governmental imposition of religion. These freedoms have enabled America to thrive as perhaps the most religiously diverse society in history. There are those, however, who seek not just a place for religion in the public square, but to co-opt the institutions of the government itself to advance their own religious agenda, while denying freedoms to others.
It is the right of individuals, including political and religious leaders to express their beliefs in public settings, but it is not their right to imbue governmental actions, meetings, buildings and other segments of the 'public square' with sectarian religious messages. It is the rights of individuals to adopt religious or scientific explanations for the origins of life, but religious theories should never be taught as science or an alternative to science in public schools. It is the right of members of the military to express religious viewpoints to fellow soldiers, but not to proselytize within the chain of command, or implicitly or explicitly pressure those of differing religious beliefs. It is the right of individuals to seek personal freedoms that may run contrary to religious convictions, but the laws of this nation and the pluralistic spirit which they foster demand no single religious belief or view be championed or codified above other sincerely held beliefs.
The JCPA is the umbrella group for 13 national Jewish groups and local community relations councils from around the country.
How Various Religions Fare In Court Challenges
First, those religious groupings that both today and historically have been regarded as outsiders or minorities, such as Jews, Muslims, Native Americans, and various others (including Jehovah’s Witnesses and Christian Scientists), did not succeed or fail in making religious liberty claims at a rate (controlling for all other variables) that was significantly different than for other religious classifications. In sum, with the potential exception of Muslim claimants in certain claim subcategories, religious minorities did not experience disproportionately unfavorable treatments in the federal courts of the 1980s and 1990s.
Second, two categories of religious affiliation by claimants emerged as consistently and significantly associated with a negative outcome—Catholic (at the 99% probability level) and Baptist (at the 95% probability level).
The question remains why those whose religious views are within the mainstream of American society would be significantly less likely to succeed in obtaining a court-ordered accommodation of religious practices. I’ll examine several possible answers to that question, beginning tomorrow.
U.S. To Oppose Current Version of UN Human Rights Council
Monday, February 27, 2006
International Court Hearing Begins On Genocide Charges Against Serbia
US Agency Says Iran Is Increasing Repression of Religious Minorities
Crosses Along Highways Are Proliferating, Professor Says
Sunday, February 26, 2006
9th Circuit Permits Sikh Prisoner's Claim To Go Forward
2006 Christmas In Schools Controversies Begin
Saturday, February 25, 2006
Utah Judge Removed By State Supreme Court For Polygamy
IRS Report On Improper Non-Profit Political Activity
Today's New York Times also covers the report and Commr. Everson's speech about it yesterday in Cleveland. The full text of the report and materials released along with it are online. Here is a summary of the alleged and determined violations from the Executive Summary:
[Thanks to Blog From the Capital for the lead.]
- Charities, including churches, distributing diverse printed materials that encouraged their members to vote for a preferred candidate (24 alleged; 9 determined)
- Religious leaders using the pulpit to endorse or oppose a particular candidate (19 alleged; 12 determined)
- Charities, including churches, criticizing or supporting a candidate on their website or through links to another website (15 alleged; 7 determined)
- Charities, including churches, disseminating improper voter guides or candidate ratings (14 alleged; 4 determined)
- Charities, including churches, placing signs on their property that show they support a particular candidate (12 alleged; 9 determined)
- Charities, including churches, giving improperly preferential treatment to certain candidates by permitting them to speak at functions (11 alleged; 9 determined), and
- Charities, including churches, making cash contributions to a candidateÂs political campaign (7 alleged; 5 determined).
Recent Publications On Church-State Issues
Robert W. Gurry, The Jury Is Out: The Urgent Need For A New Approach In Deciding When Religion-Based Peremptory Strikes Violate the First and Fourteenth Amendments, 18 Regent Univ. Law Review 91-128 (2005-2006).
Symposium: Bankruptcy in the Religious Non-Profit Context, 29 Seton Hall Legislative Journal 341-557 (2005):
- Boozang, Kathleen M., Introduction - Bankruptcy In the Religious Non-Profit Context.
- Skeel, David A., Jr., "Sovereignty" Issues and the Church Bankruptcy Cases.
- Cafardi, Nicholas P., The Availability of Parish Assets for Diocesan Debts: A Canonical Analysis.
- Wells, Catharine Pierce, Who Owns the Local Church? A Pressing Issue For Dioceses In Bankruptcy.
- DiPietro, Melanie, The Relevance of Canon Law In a Bankruptcy Proceeding.
- Sargent, Mark A., The Diocese After Chapter 11.
- Carmella, Angela C., Constitutional Arguments In Church Bankruptcies: Why Judicial Discourse About Religion Matters.
- Brody, Evelyn, The Charity In Bankruptcy and Ghosts of Donors Past, Present, and Future.
- Davitt, Christina M., Student Article: Whose Steeple Is It? Defining the Limits of the Debtor's Estate In the Religious Bankruptcy Context.
Jury Award For Denying Religious Burial To Stillborn Fetus Upheld
Prisoner Free Exercise Decisions Newly Released
In Young v. Medden, (ED Pa., Feb. 23, 2006), a wide-ranging lawsuit against prison officials, a Pennsylvania federal district court permitted a prisoner to proceed with various claims alleging violation of his free exercise rights and of RLUIPA. Willie Young, a believer in African Traditional Spirituality claimed that officials at two different prisons interfered with his ability to practice his religion.
In McElyea v. Schriro, 2006 U.S. Dist. LEXIS 6765 (D. Ariz., Feb. 13, 2006), an Arizona federal district court judge dismissed a Jewish prisoner's religious exercise claims, finding that the prisoner's "multiple frivolous motions and filings are malicious and vexatious and based on complaints which are designed to harass and antagonize the Defendants". His complaints centered primarily on his ability to observe certain rules regarding the Sabbath and kosher food, and on his objection to the prison's permitting persons to attend Jewish services who are not Jewish according to Orthodox Jewish religious law.
Friday, February 24, 2006
Conservative Ohio Board Member Defends Removing Intelligent Design
I believe in God the creator. I believe in freedom. I believe in America, and the state of Ohio, and the Republican Party, fiscal conservatism, fairness and honesty. These values guided me last week to lead the Ohio Board of Education to remove creationism from our state's Science Standards and Model Curriculum.
You may ask: Why would being a creationist make me want to remove "critical analysis"/"intelligent design" creationism from the standards? It's simple, really: It is deeply unfair to the children of this state to mislead them about the nature of science. The future of Ohio's prosperity depends on a well-educated workforce that understands science. The future of religious freedom in this country depends on the electorate understanding that modern science is not a threat to faith....Our board had to decide whether to waste millions of taxpayer dollars to hear a federal judge tell them the same thing Judge Jones told the Dover, Pa., board. We chose to stand up for kids, for the state of Ohio, for freedom of religion, and for the integrity of science. The public trusts us to uphold first-class standards and to protect democracy and religious freedom. So, we set aside our differences and did the right thing for Ohio and Ohio's children.
Israel Supreme Court Appoints Mediator In Dispute Over Museum Construction
Convicted Sex Offender Raises Religious Objections To Electronic Monitoring
Hindu Board Calls For Murder Of Controversial Artist
Those who are endangering religion and nation, should be eliminated for everyone's good. Anyone who kills Hussain for making obscene paintings of goddess Sarswati and Bharat Mata, the Danish cartoonist, those in the German company printing pictures of Ram and Krishna on tissue paper and the French filmmaker desecrating Lord Shiva will be given Rs 51 crore in cash.Hussain has apologized and withdrawn the picture from auction.
HHS Settles With ACLU In Challenge To Funding Of Abstinence Program
Non-Buddhists Object To New Broadcast Services In Bhutan
Thursday, February 23, 2006
O Centro Impacts Peyote Charges In Utah
In light of the U.S. Supreme Court's decision in the O Centro case, Mooney now says he will seek to have the court throw out his agreement with prosecutors and confirm his right to use peyote in religious ceremonies. Mooney says that while he fights his agreement, members of his church should be free to resume their ceremonies without his participation. However U.S. District Attorney Criminal Division Chief Richard Lambert took the position that federal law still requires anyone who uses peyote for religious purposes to be a member of a federally recognized Indian tribe. "Congress has spoken on this," Lambert said, pointing out that unlike hoasca, which is unregulated, Congress has specifically regulated peyote. He said that anyone using peyote who is not a member of a federally recognized tribe, including members of Mooney's church, is still breaking the law.
Dispute Over Muslim Census In Indian Armed Forces
Competing Opinions On Constitutionality Of Utah's Proposed Voucher System
Catholicism Making Gains In Vietnam
Wednesday, February 22, 2006
Dover Schools Pay $1 Million To Plaintiffs For Lawyers' Fees
School's Lease With Church OK Under Georgia Constitution
German Man Prosecuted For Insulting the Quran
UPDATE: On Feb. 23, the AP reported that the businessman charged in the case was convicted of disturbing the peace and given a one-year suspended jail sentence.
Court Upholds Student's Dismissal For Suggesting Church
Bahrain Defers Ratification of International Covenant on Civil and Political Rights
Anti-Harassment Training Does Not Infringe Free Exercise of Religion
Tuesday, February 21, 2006
Preliminary Thoughts On Today's O Centro Decision
First, there was some uncertainty as to how broadly the Court would rule. (See prior posting.) In its actual decision, the Court resolved both the narrow issue of the standard for issuing a preliminary injunction under RFRA, and broader substantive issues of the meaning of RFRA. On the issue of the standard for a preliminary injunction, the Court ruled clearly "that the burdens at the preliminary injunction stage track the burdens at trial." It is the government's burden to show a likelihood of success on the merits at trial. It is not up to the challengers to prove that the government would likely fail at trial.
On the broader issue, the Court made it clear that when RFRA requires the government to show a compelling interest in order to substantially burden a person's exercise of religion; generalized interests are insufficient:
RFRA requires the Government to demonstrate that the compelling interest test is satisfied through application of the challenged law 'to the person' -- the particular claimant whose sincere exercise of religion is being substantially burdened.This does not mean that there can never be a compelling interest in uniformly applying a law to everyone. The Court says that if religious accommodations would seriously compromise the Government's ability to administer a law, that could be a compelling interest. The Court points to cases holding that exemptions to paying Social Security taxes could undermine the tax system, and exemptions to Sunday blue laws could undermine the need for a uniform day of rest. But the Court thought that O Centro was different:
Here the Government's argument for uniformity is different; it rests not so much on the particular statutory program at issue as on slippery-slope concerns that could be invoked in response to any RFRA claim for an exception to a generally applicable law. The Government's argument echoes the classic rejoinder of bureaucrats throughout history: If I make an exception for you, I'll have to make one for everybody, so no exceptions. But RFRA operates by mandating consideration, under the compelling interest test, of exceptions to 'rule[s] of general applicability.'This reasoning would seem to extend beyond RFRA and apply also to cases under the Religious Land Use and Institutionalized Persons Act.
The Court does not totally preclude the possibility that at trial, the Government will eventually be able to carry its burden of showing a compelling interest and that the Controlled Substances Act was the narrowest means of furthering that interest. It seems to particularly leave open that possibility in connection with the government's argument that it had a compelling interest in complying with the 1971 U.N. Convention on Psychotropic Substances. But so far the government has not, in the Court's view, made a persuasive case.
Finally, the Court did not accept the invitation of at least one amicus brief to focus on the constitutionality of RFRA as applied to the federal government. The opinion's language, however, suggests that while the Court previously struck down the application of RFRA to the states, it has little doubt about the constitutionality of RFRA as applied to federal regulations that impinge upon religious practices.
Supreme Court Upholds Church's Right To Use Hallucinogenic Tea
The U.S. Supreme Court, saying law enforcement goals in some cases must yield to religious rights, ruled that the Bush administration can't block a New Mexico church from using a hallucinogenic tea.Here are excerpts from the Court's Syllabus of its opinion:
In a unanimous opinion written by Chief Justice John G. Roberts Jr., the court today said the church, a 130-member branch of a Brazilian denomination, is protected by the 1993 Religious Freedom Restoration Act. The justices upheld a preliminary injunction barring federal prosecution of church leaders.
The case put the Bush administration in the unusual position of opposing religious groups, including the U.S. Conference of Catholic Bishops and the National Association of Evangelicals, both of which backed the New Mexico church. The government contended the tea, known as hoasca, is dangerous and illegal.
The courts below did not err in determining that the Government failed to demonstrate, at the preliminary injunction stage, a compelling interest in barring the UDV's sacramental use of hoasca....
The Government's argument that, although [under RFRA] it would bear the burden of demonstrating a compelling interest at trial on the merits, the UDV should have borne the burden of disproving such interests at the preliminary injunction hearing is foreclosed by Ashcroft v. American Civil Liberties Union, 542 U.S. 656, 666....
Also rejected is the Government's central submission that, because it has a compelling interest in the uniform application of the Controlled Substances Act, no exception to the DMT ban can be made to accommodate the UDV.... RFRA and its strict scrutiny test contemplate an inquiry more focused than the Government's categorical approach.... [T]he Government's mere invocation of the general characteristics of Schedule I substances cannot carry the day.... The peyote exception has been in place since the Controlled Substance's Act's outset, and there is no evidence that it has undercut the Government's ability to enforce the ban on peyote use by non-Indians.
The Government argues unpersuasively that it has a compelling interest in complying with the 1971 U.N. Convention [on Psychotropic Substances].... At this stage, it suffices that the Government did not submit any evidence addressing the international consequences of granting the UDV an exemption, but simply relied on ... the general (and undoubted) importance of honoring international obligations and maintaining the United States' leadership in the international war on drugs. Under RFRA, invocation of such general interests, standing alone, is not enough.
Bill Introduced To Strip Federal Courts of Jurisdiction Over Legislative Prayer
Europeans Urge Changes In Afghanistan's Supreme Court; Islamists Demur
This however is likely to meet opposition from Islamic scholar Fazel Hadi Shinwari who presently heads Afghanistan's Supreme Court and whose rulings have reflected strict compliance with Sharia. Responding to the European pressure for professionalization of the Court, Shinwari said: "Anything that is according to the Koran is fine with me, but if you go against the Koran, you Europeans will have to tell Karzai to get rid of this old man who is in charge of the Supreme Court. I'm ready to resign, but then there will be lots of problems, just as the desecration of the image of the prophet Muhammad, peace be unto him, caused 60,000 people to go out into the streets. The same thing will happen here."
As to pressure to address gender imbalance in the judiciary, Shinwari who is both Chief Justice and head of Afghanistan's Council of Islamic Scholars says: "We have many women judges here, but a woman cannot be a judge over the general country, and she cannot sit in this chair. If a woman becomes a top judge, then what would happen when she has a menstruation cycle once a month, and she cannot go to the mosque? Also, a woman judge cannot give an execution order, according to Islamic law."
Court Issues Revised Opinion In Florida Drivers' License Case
Monday, February 20, 2006
Editorial Commentary: The Cartoon Controversy and the False Holocaust Analogy
The fundamental difference between Neo-Nazi propaganda and the "cartoon affair" is the well-recognized difference in U.S. constitutional law between incitement cases and hostile audience cases. Incitement cases, to which U.S. courts apply the clear-and-present-danger test, involve situations in which we fear that listeners will so strongly agree with the speaker that language will quickly move to conduct. That is the concern with neo-Nazi propaganda and marches. Given the history of mid-20th century Europe, and the resurgence of anti-Semitism in Europe at the end of the 20th and beginning of the 21st centuries, a real fear exists that those who agree with neo-Nazis will quickly be recruited to persecute and resort to violence against Jews.
Hostile audience cases, on the other hand, are cases in which the listeners vociferously disagree with the speaker. The fear is not that listeners will follow the speaker’s urgings, but that listeners will attack the speaker or otherwise exert a hecklers’ veto. In these cases, American constitutional law protects the speaker, except in the most extreme of circumstances. The Muslim cartoons are problematic because of the reaction of a hostile audience, the reaction of Muslims who are offended by them. No one realistically fears that the cartoon of Muhammad with a bomb in his turban will so convince the Danes that Muslims are terrorists that they will begin to violently attack Muslims. Non-Muslims in general recognize the cartoons as exaggerations or over-generalizations. The fear—justified in the reality—is that some Muslims, insulted by the cartoons, will react violently against those who have published them. American law generally protects speakers from this kind of hostile reaction.
Understanding this distinction does not solve the problem of the cartoons. But hopefully it does prevent us from using false analogies in seeking a solution. Balancing the interests of listeners and speakers is difficult. Western democracies have, by and large, come down heavily in favor of the rights of speakers and have told listeners who are offended by the ideas being expressed to walk away, turn the page, switch off the broadcast, stay away from the presentation, or reply with ideas that are more convincing to listeners. Muslim protesters around the world do not agree with that resolution of the conflicting values at stake. But they need to at least recognize that the problem is different from that posed by neo-Nazi attempts to find sympathizers who would like to revive Hitler’s "final solution".
--- HMF
Arizona Bill Would Permit Opt-Out From College Assignments
Appeals In Ritual Beheading By Indigenous Indonesian Tribe
Recent Articles and Upcoming Conference
- Ivan E. Bodensteiner, The Demise of the First Amendment As a Guarantor of Religious Freedom, 27 Whittier Law Review 415-434 (2005).
- E. Frank Stephenson, An Argument for Tax Reform Based on Judeo-Christian Ethics: A Rejoinder, 36 Cumberland Law Review 103-113 (2005-2006).
- Fundamentalism and the Rule of Law, Cardozo School of Law, March 14, 2006.
No Federal Court Jurisdiction In Priest Abuse Case
Science Association Denounces States' Anti-Evolution Efforts
Sunday, February 19, 2006
Private Maryland Center Refuge For Christian State Legislators
Inside A High School Bible Class
At Harris's class last week there was nothing close to preaching. He asked students questions about aspects of the Bible, like which events in world history explained why the Old Testament was written in Hebrew and the New Testament in Greek. At another, he talked about the tensions leading to the Protestant Reformation. But other moments arguably reinforced a traditional brand of Christian thinking. Harris referred to creation and made statements such as the Bible is one book, which has 66 smaller books, 40 authors and one central theme: "The redemption of man through Jesus Christ."Rick Holliday, New Hanover County School's executive director of instructional services said that the classes have been renamed to reflect a more historical bent. The course that was "In the Beginning" is now "Old Testament I" and "The Life of Christ" is now "New Testament I." The school is also insisting that miracles are not treated as history, but instead as something “the Bible says”. Holliday says that the goal is to give the community what it wants and to follow the constitution, but adds, "That's a tough balancing act".
NH Supreme Court Rejects Foreign Islamic Divorce Of NH Domiciliaries
The court decided that another issue raised by the husband was moot. The trial court's initial temporary decree had ordered the husband "not [to] speak about the Petitioner as a Muslim/Muslim woman to the children or within hearing of the children." Since that provision was not in the final divorce decree being appealed, the Supreme Court held it did not have to determine whether it amounted to an unconstitutional prior restraint on speech.
Closing Arguments In Trial Challenging InnerChange
Lawyers for Americans United argue that the program "requires and coerces inmates to take part in religious activities." They say it discriminates against other religious beliefs, particularly Catholicism, and provides special privileges to participants. These include an opportunity to complete treatment classes required for parole earlier than they could otherwise. Defense lawyers dispute these claims, saying no one is forced to participate and that participants receive no preference for paroles. "Inmates of all faiths and no faiths are welcome," said Anthony Troy, a lawyer for Prison Fellowship. He says that those of other faiths who join the program can continue to observe their traditions
2 Prisoners Successful, 1 Is Not, In 3 Free Exercise Cases
In Bess v. Alameda, 2006 U.S. Dist. LEXIS 6079 (ED Cal., Feb. 16, 2006), a Magistrate Judge in a California federal district court recommended that a motion for summary judgment by prison officials be denied because they had failed to carry their burden of showing that their restrictions on inmates receiving religious books and materials were necessary, nor did they show they were in furtherance of a compelling governmental interest and were the least restrictive means of furthering that interest. Plaintiff, a state prison inmate complained that his free exercise rights under the Constitution and RLUIPA were being violated by a prison mail room practice of returning religious mail to the sender marked "unauthorized", without notice to the inmate to whom it was addressed. He also claimed that greater restrictions were placed on receiving religious books and materials than on comparable secular material.
In Fulbright v. Evans, 2005 U.S. Dist. LEXIS 40240 (WD Okl., Sept. 8, 2005), an Oklahoma federal Magistrate Judge recommended that a permanent injunction be granted that orders state prison officials to furnish plaintiff prisoners with a kosher diet. The opinion rejects defendants' claims that furnishing kosher food would violate the Establishment Clause, and accepts plaintiff's free exercise claims. The opinion concludes that the Department of Correction's "refusal to provide a kosher diet, in light of its provision of religious-based diets for other inmates without negative impact, is not entitled to total deference. Here, the record does not reflect more than a de minimis impact upon DOC's economic resources and does not reflect any significant negative impact upon the other concerns submitted by DOC as rational bases for the current policy."
In Murphy v. Missouri Dept. of Corrections, 2006 U.S. Dist. LEXIS 6118 (WD Mo., Jan. 30, 2006), a Missouri federal district court refused to grant a new trial to an inmate who claimed that erroneous jury instructions were given in his former trial involving free speech and RLUIPA claims. Among the instructions upheld by the court was one that characterized Plaintiff's request for religious accommodation as a request for "racially-segregated group services for the Christian Separatist Church". The court said that "racially-segregated" accurately describes the Christian Separatist Church.
Russian President Cautions About Religious Crimes
Saturday, February 18, 2006
Muhammad Cartoon Reaction Continues; Danish Editor Responds
Meanwhile, Sunday's Washington Post carries an op-ed, Why I Published Those Cartoons, by Flemming Rose, culture editor of the Danish newspaper Jyllands-Posten (the paper in which the cartoons were first published). He says:Nigerian Muslims protesting caricatures of the Prophet Muhammad attacked Christians and burned churches on Saturday, killing at least 15 people in the deadliest confrontation yet in the whirlwind of Muslim anger over the drawings.
It was the first major protest to erupt over the issue in Africa's most populous nation. An Associated Press reporter saw mobs of Muslim protesters swarm through the city center with machetes, sticks and iron rods. One group threw a tire around a man, poured gas on him and set him ablaze.
In Libya, the parliament suspended the interior minister after at least 11 people died when his security forces attacked rioters who torched the Italian consulate in Benghazi.
Right-wing Italian Reforms Minister Roberto Calderoli resigned under pressure, accused of fueling the fury in Benghazi by wearing a T-shirt emblazoned with one of the offending cartoons, first published nearly five months ago in a Danish newspaper.Danish church officials met with a top Muslim cleric in Cairo, meanwhile, but made no significant headway in defusing the conflict.
And in what has become a daily event, tens of thousands of Muslims protested - this time in Britain, Pakistan and Austria - to denounce the perceived insult.
I commissioned the cartoons in response to several incidents of self-censorship in Europe caused by widening fears and feelings of intimidation in dealing with issues related to Islam. And I still believe that this is a topic that we Europeans must confront, challenging moderate Muslims to speak out. The idea wasn't to provoke gratuitously -- and we certainly didn't intend to trigger violent demonstrations throughout the Muslim world. Our goal was simply to push back self-imposed limits on expression that seemed to be closing in tighter.UPDATE: On Sunday, two Saudi papers carried a full-page ad dated Feb. 5 in which Carsten Juste, the editor of Jyllands-Posten, apologized for the cartoons published by his paper. (Reuters.)
2nd Circuit Applies RFRA To Private ADEA Claim
Judge Sotomayor’s dissent argued first that the church and Bishop Lyght had waived reliance on RFRA, and instead were relying only on the free exercise and establishment clauses. Second, the dissent argued that RFRA only applies to claims against the government, and does not apply in suits between private parties. Finally, Judge Sotomayor argued that Congress did not intend the ADEA to apply to the selection or dismissal of clergy by a religious body.
US In Dispute Over Discovery In Suit Against Hollywood, Florida
Justice Department attorney Sean Keveney argued that had the federal government known police were watching Lopez, it would have done its own surveillance to possibly "rebut any testimony offered by the city." Keveney also said the city has provided incomplete information on why it contends Lopez’s home is not a house of worship.
Hindus Split On How Textbooks Should Portray Them
In September the state's Curriculum Commission hired Indian historian Shiva Bajpai, who had been recommended by the foundations, to review the proposals. He endorsed most of the revisions. But just before a November meeting to approve them, 50 other leading professors wrote the board urging it to reject the changes. Over the winter, hundreds of other scholars from the nation's leading research universities also wrote to protest the changes.
In the midst of this, Indian dalits ("untouchable class") in the United States became more vocal. They are demanding that the term “dalit” not be omitted from textbooks, as the Hindu groups want. The dalits also have asked that a photo of a dalit cleaning a latrine be replaced with one of a dalit engaged in a faith practice. They say that it would serve the dalits' cause better if the textbooks said that "untouchability is a living reality in India," instead of accepting the Foundations’ suggestion that to have textbooks read that it is illegal to treat someone as an untouchable. (India West report.)
Dismayed by all of this, the board of education has created a new review committee, held a private meeting and solicited the opinions of non-Hindus. In response, the Hindu American Foundation is considering legal action.
9th Circuit Hears Argument In Library Use Case
On-Premise Aid For Disabled Student At Parochial School Upheld
Friday, February 17, 2006
Grotto Historical Marker OK'd By Kentucky AG's Office
New Hampshire Supreme Court Upholds Bishop's Right To Sell Church Property
Debate On Invocation Gets Ugly In Georgia City Council
Later at the end of the meeting, the agenda called for public comment. At that time, Rev. Smith who was distressed over criticism of his opening prayer stood up to describe his reaction: "I thought I'd died and gone to hell, and the devil said, 'You're not going to pray down here'. Then I looked over to the side and I saw Barry Lurey, a Jew, down here in Hell. Looked and I seen a Catholic down here, and I had to shake myself."
US Palestinians Want Secular Palestinian State; Israeli Arab Parties Push Caliphate
Meanwhile, in Israel, according to Ynetnews, three right-wing parties yesterday asked the Central Elections Committee to disqualify the United Arab List-Ta'al party from running in the upcoming Israeli elections. Arab list chairman Sheikh Ibrahim Sarsur, in a press conference Wednesday, said that the rule on earth, or at least the rule in Arab and Muslim lands should be led by the Caliph. National Union-NRP Knesset Member Yitzhak Levy wrote to Judge Dorit Beinish, head of the the Elections Committee, saying that Sarsur's remarks called for Islamic rule in the state of Israel.
No New Trial For Defendant Told To Hide Cross He Was Wearing
St. Louis Inmate's Free Exercise Claim Moves Ahead
Thursday, February 16, 2006
Teachers May Sue School To Lead Good News Club
Teachers Konnie Pacheco and Paula Radcliffe are consulting with the American Center for Law and Justice about filing suit. School board president Kaaron Jorgen said she worries that representatives for the teachers hope to "use Grand County as a test case" for forcing public schools to allow teachers to teach religion. "It seems it's not about what's good for the kids; it's about adults trying to further their own agenda," she said.
Establishment Clause Challenge To Funding Faith-Based Prison Program Upheld
Italian Court Rules Crucifixes To Remain In Schools
Justice Ginsburg's Relation To Her Judaism Explored
On the walls of Ginsburg's chambers are framed calligraphies of the command from Deuteronomy (in Hebrew), Zedek, Zedek, tirdof ("Justice, justice shalt thou pursue"). Ginsburg points out that she has a mezuzah on the door of her office, and does not place a Christmas wreath there when other doors in the Court are decorated for Christmas. She, along with Justice Breyer, convinced their colleagues to change Court policy so that the Court would not sit on the first Monday in October when that day coincides with Yom Kippur. Asked how being Jewish affects her approach to court cases, Ginsburg replied, "I don't think that I approach cases in a particular way because I am Jewish any more than I do because I' a woman. I have certain sensitivities for both." (The opening paragraphs of the article are available online.)
Congress Urges Proclamation On American Jewish History Month
Europe Continues To React To Muhammad Cartoon Controversy
[UPDATED] Meanwhile, a story published yesterday by Islam Online and now available in Turkish Weekly reported that Norway's parliament had amended the Norwegian Penal Code to criminalize blasphemy, according to Norway's Deputy Archbishop Oliva Howika. Islam Online said that Howika told reporters after a meeting with Sheikh Yusuf Al-Qaradawi, the head of the International Union of Muslim Scholars, in Doha, Qatar, that Norwegian law now clearly prohibits despising others or lampooning religions in any form of expression, including the use of photographs. There is question, though, about the accuracy of this report. Islam Online itself has removed the article, and Judeoscope prints this cautionary statement about the report:
We reported 14 hours ago Islam Online’s claim that Norway had passed an anti-blasphemy law with a word of caution, since Judeoscope was unable to confirm the enws story independently. Calls to Norvegian diplomats and a review of Norway’s press reveal that if the Nordic country had indeed passed such legislation, its parliament is doing a magnificient job at hiding it from its constituents. It is, however, more likely that the report is tantamount to a propaganda ploy reflecting the wishful thinking of Muslim Brother Yusuf al-Qaradawi and his mouthpiece, Islam Online.
Interfax yesterday reported that the Russian Federal Media Control and Cultural Heritage Protection Service says that Russian media publishing articles that may offend people's religious feelings will be subjected to punitive measures, including the annulment of their registration.
UPDATE: Thursday's Washington Post carried an excellent article reviewing on a month-by-month basis developments in the cartoon controversy.