Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, December 16, 2005
Indiana Legislative Prayer Case Being Appealed
11th Circuit Hard On Evolution-Sticker Appellants In Oral Arguments
Anti-Conversion Bill To Be Introduced In Indian State
Utah Judge Issues Opinion On FLDS Trust
Reluctant Judge Upholds Prisoner's RLUIPA Claim
While rejecting plaintiffs' First Amendment free exercise claim, the court found that RLUIPA imposes a heavier burden on the government. Finding that a total ban on Melanic Literature is not the least restrictive means available to assure prison security, the court held that RLUIPA had been violated. But the court's unhappiness with RLUIPA was clear, as it said:
Congress has taken the Supreme Court's fears in Turner [v. Safley] and made them a reality. Courts are now "the primary arbiters of what constitutes the best solution to every administrative problem," as RLUIPA "'unnecessarily perpetuate[s] the involvement of the federal courts in affairs of prison administration.'"... RLUIPA obligates this Court to cast aside its doubts about the dubious role it will play in prison administration, and therefore, this [Court will] enjoin MDOC from totally banning Melanic Literature from its institutions.
Thursday, December 15, 2005
Clergy Litigation Scholar Nominated To Bench
2005 Report on Legal Developments Affecting Faith-Based Initiative Released
New Jersey Removes Charitable Immunity In Sexual Assault Claims
Belarus Authorities Seek Political Support By Exempting Churches From Tax
New York Health Department Warns of Danger In Disputed Circumcision Procedure
Rabbi Moshe Tendler, a dean at Yeshiva University’s rabbinic school who is an expert in Jewish medical ethics with a doctorate in microbiology, has long opposed metzitzah b'peh as medically dangerous and unnecessary under Jewish law. However Rabbi Levi Heber, a mohel from the Lubavitch community where the procedure is often used, objected to the Health Department's initiative. "The concept of non-Jewish authorities trying to influence certain behaviors should not be accepted by anyone," he said. "You never know where it could lead."
Churches Attacked In New South Wales
Wednesday, December 14, 2005
Religious Activists Protesting Social Service Cuts Arrested At Capitol
Meanwhile, this morning the Washington Post ran an article asking: "Why in recent years have conservative Christians asserted their influence on efforts to relieve Third World debt, AIDS in Africa, strife in Sudan and international sex trafficking -- but remained on the sidelines while liberal Christians protest domestic spending cuts?" Conservative religious leaders answer that by arguing that it is a matter of priorities, saying their primary attention is focused on issues of abortion, same-sex marriage and seating judges who will back their position against those practices. Others, such as Tony Perkins, president of the conservative Family Research Council, focus on the responsibility of the private sector: "There is a [biblical] mandate to take care of the poor. There is no dispute of that fact," he said. "But it does not say government should do it. That's a shifting of responsibility."
9th Circuit Rejects Religious Objections To Returning Hawaiian Artifacts
The disputed objects were reburied in their original resting place at Kawaihae (Forbes) cave five years ago after they were loaned by the Museum to Hui Malama. Hui Malama now argues that reopening the cave would be a desecration that violates their religious beliefs. They also argue that the cave would collapse if opened. A settlement, however, may be in sight. Alan Murakami, an attorney with the Native Hawaiian Legal Corp. which is representing Hui Malama, said that Hui Malama is "on the verge" of getting a majority of the original 13 claimants to the artifacts to agree that leaving the items in the cave is the preferred course of action.
UPDATE: The Dec. 16 Honolulu Advertiser reports that Hui Malama has told the court that it will disclose the location of the artifacts in question, but it would like that disclosure sealed from the public.
Court Refuses To Adjudicate Church Governance Dispute
Unusual First Amendment Challenge To Smoking Ban Fails
Administrative Segregation Does Not Violate Prisoner's Religious Rights
Wisconsin Legislature Holds Hearing On College Dorm Bible Studies
Tuesday, December 13, 2005
Challenge To Pennsylvania Home Schooling Regulation Rejected
Cardinal Schonborn Lecture Attempts To Clarify His Stand On Intelligent Design
I see no difficulty in joining belief in the Creator with the theory of evolution, but under the prerequisite that the borders of scientific theory are maintained.... When science adheres to its own method, it cannot come into conflict with faith. But perhaps one finds it difficult to stay within one's territory, for we are, after all, not simply scientists but also human beings, with feelings, who struggle with faith, human beings, who seek the meaning of life. And thus as natural scientists we are constantly and inevitably bringing in questions reflecting worldviews.
In 1985, a symposium took place in Rome under the title "Christian Faith and the Theory of Evolution." ... [A]t its conclusion, Pope John Paul II received us in an audience. There he said: "Rightly comprehended, faith in creation or a correctly understood teaching of evolution does not create obstacles: Evolution in fact presupposes creation; creation situates itself in the light of evolution as an event which extends itself through time -- as a continual creation -- in which God becomes visible to the eyes of the believer as 'creator of heaven and earth.'"
But Pope John Paul then added the thought that for the creation faith and the theory of evolution to be correctly understood, the mediation of reason is necessary, along with, he insisted, philosophy and reflection.... For me the question that has emerged from this debate is not primarily one of faith vs. knowledge but rather one of reason. The acceptance of purposefulness, of "design" [English in the original], is entirely based on reason, even if the method of the modern natural sciences may require the bracketing of the question of design. Yet my common sense cannot be shut out by the scientific method. Reason tells me that plan and order, meaning and goal exist, that a timepiece does not come into being by accident, even less so the living organism that is a plant, an animal, or, above all, man.
California Court Supports Break-Away Episcopal Churches
Moscow Mayor Urged To Ban Building of Hindu Temple
Welcome to "Blog from the Capital"
The blog is newly listed to the left on this page in the Religion Clause sidebar. If you have not looked at my sidebar listings, please do so. Almost 100 links are provided to resources, academic centers, government offices, advocacy organizations, journals, forums and blogs that focus primarily on issues relating to church-state or religious freedom.
Monday, December 12, 2005
Religious Lobbying Impacts ICANN Delay of xxx Domain
In August, it had been reported that the Commerce Department had received over 6000 letters and e-mails from individuals expressing concern about the new TLD, and that those concerns had, in turn, been communicated in a letter from the Commerce Department to ICANN. Conservative groups like the Family Research Council were apparently behind the flood of protests sent to the Commerce Department.
A RLUIPA Conundrum
Intelligent Design Back On Center Stage
Meanwhile, today's Washington Post profiles Cobb County, Georgia, pointing out that "the fast-growing suburb of about 650,000 people northwest of Atlanta ... has long shown a remarkable flair for high-profile social controversy." And the South Florida Sun Sentinel reports that support for Intelligent Design has made its way into the Orthodox Jewish community, as a conference this week at Florida International University on Torah & Science features Christian ID proponent William A. Dembski as one of its speakers.
Settlement Near In Tenafly Eruv Case
Sunday, December 11, 2005
Sikh Battles Over Drivers License Photo In France
City Asks Judge To Limit Religious Remarks By Lawyer
Drawing Lines On Christmas Music In Public Schools
New Scholarly Articles of Note
Symposium on Conscience and the Free Exercise of Religion. Articles by Steven D. Smith, James W. Nickel, Kent Greenawalt, Kevin J. Worthen, Gregory C. Sisk and Martin H. Belsky. 76 Univ. Colorado Law Review 911-1080 (2005).
New on BePress:
David A. Skeel Jr., University of Pennsylvania Law School & William J. Stuntz, Harvard Law School, Christianity and the (Modest) Rule of Law .
Faisal M. Kutty, Osgoode Hall Law School, The Shari'a Factor in International Commercial Arbitration .
Saturday, December 10, 2005
Medicaid Eligibility Claim Raises Possible Church-State Issues
White House Religious Accommodations At Hanukkah Party
Juror's Use of Biblical Verses Does Not Invalidate Death Sentence
Recent Prisoner Cases Involving Religion Issues
In Awala v. People Who Want (Dec. 8, 2005), the U.S. Third Circuit Court of Appeals dismissed as frivolous a prisoner's suit asking the federal district court to overturn the U.S. Supreme Court's Ten Commandments decision and restore all religious monuments that have been removed from court houses around the country.
Friday, December 09, 2005
North Carolina Quran-In-Court Suit Dismissed By Judge
At issue in the case were state laws that allow witnesses to take their oath either on the "Holy Scripture," or without the use of a religious book, or by "affirmation". Interestingly, in court on Monday, Assistant Attorney General Grady L. Balentine, Jr. did not argue plaintiff's lacked of standing. The Greensboro News-Record reported that instead he argued that the statue was constitutional because it permitted witnesses to "affirm" that they will testify truthfully if they do not wish to take an oath on a Christian Bible. On the other hand, ACLU attorney Seth Cohen argued that the statute is unconstitutional if it is not interpreted to include holy texts of non-Christian religions.
UPDATE: The ACLU has announced it will appeal the decision (Dec. 16 Greensboro News-Record).
President Hosts Jewish Educators For Hanukkah Celebration
Last Tuesday was apparently President George W. Bush's day to pay attention to the American Jewish community. The Jewish Telegraphic Agency reports that first on Tuesday the President met with 13 Jewish educators and day-school leaders to focus on his support for school vouchers and other education initiatives -- many of which are controversial in the Jewish community. Then later in the day, the President listened to the West Point Jewish Chapel Choir and hosted the White House's annual Hanukkah party. Invitees this year were several hundred Jewish leaders who are interested in educational issues. The President participated in the symbolic lighting of the Hanukkah Menorah.
The President's remarks (full text) included the following: "earlier today, I met with some of the leaders from our nation's Jewish day schools. As educators who dedicate themselves to teaching the faith and to teaching, they are fulfilling the true lesson of Hanukkah every day of the year. Just as the Maccabees reclaimed their holy temple, these teachers help ensure that Jewish traditions are passed from generation to generation."
The JTA also reported that at the urging of First Lady Laura Bush, this year for the first time the White House kitchen was kashered (made kosher) so that it could be used for preparation of food for the party. Hanukkah does not begin until later this month, but the President will not be available at that time.
Marijuana Seizure Does Not Violate Free Exercise
100th Anniversary of Law Creating Secular France
Suit By Wiccan Prisoner Settled
Thursday, December 08, 2005
White House Sends "Holiday" Cards
Tim Wildmon, president of the American Family Association, said, "Sometimes it's hard to tell whether this is sinister -- it's the purging of Christ from Christmas -- or whether it's just political correctness run amok. I think in the case of the White House, it's just political correctness." He continued, however, "It bothers me that the White House card leaves off any reference to Jesus, while we've got Ramadan celebrations in the White House. What's going on there?" And Catholic League president William A. Donohue said, "They'd better address this, because they're no better than the retailers who have lost the will to say 'Merry Christmas'." [Thanks to Get Religion for the information.]
A copy of the card is available on the Americans United website. [Thanks to No Left Turns for this lead.]
Jewish Group Proposes Changes To Ohio Autopsy Bill
IRS Issues Guidance for Examination of Churches' Political Activities
Instructions from IRS headquarters cautioned agents and managers that contacts with charities "may be perceived as IRS intimidation." The agents were instructed to tell the organization contacted about the basis of the inquiry--such as a church's distribution of candidate ratings--and in some cases ask the organization for a detailed response. The memorandum ... instructed IRS agents and managers on how to implement the service's Political Intervention Project (PIP). The project was intended to put on a fast-track complaints about improper political advocacy by charitable organizations.... IRS is working to clear approximately 130 cases from the 2004 presidential campaign ... including activities by about 50 churches, IRS Exempt Organizations Director Martha Sullivan told BNA....
Capitol Hill Will Have "Christmas" Tree
Jordan Anti-Terror Proposal Would Control Clerics' Rulings
Provincetown Expands Holiday Display
Wednesday, December 07, 2005
ACLU Brings Habeas On Behalf of Catholic Sentenced To Pentecostal Drug Rehab Program
Bible Display At Courthouse Being Argued Today
UPDATE; The Houston Chronicle carries an account of the Court of Appeals arguments. They focus on the purpose of the monument, and especially its 1995 rededication.
Russian Muslims Challenge Cross In Government Emblem
Grant Park Cross Conservancy Wins Suit, Keeps Historic Cross
Tuesday, December 06, 2005
Controversial Kansas Prof. Physically Attacked
UPDATE: The Topeka Capital Journal reports that on Wednesday, Dec. 7, Prof. Mirecki resigned as chairman of the University of Kansas Religious Studies Department.
Cities Sued For Refusing Creche Display
Hearing Today In Portland Archdiocese Bankruptcy Case
Some Say There Is "A War On Christmas"; But Not At White House
"amped-up effort ... by the religious right and its media allies to monitor, lobby, boycott and litigate over the way the country celebrates the holiday season - from school chorales and municipal crèches to retail advertising and seasonal tree-lighting. Leaders say the effort is needed to beat back a war on Christmas and Christianity by "secularists" and liberal groups such as the American Civil Liberties Union.... Critics, however, say it is all an overblown effort to use a hot-button issue to raise money and tempers in pursuit of larger political goals.Meanwhile, last week at the White House, no war on Christmas could be detected. On Thursday, the President lit the National Christmas tree, calling the event "one of the great traditions in our Nation's Capital." He continued, "Each year, we gather here to celebrate the season of hope and joy -- and to remember the story of one humble life that lifted the sights of humanity. " (Full text of remarks.)
Monday, December 05, 2005
Pro-Alito Ads Emphasize Church-State Issues
Charges Against Sikh Student For Carrying Kirpan Dropped
Sunday, December 04, 2005
Newly Posted Scholarship of Interest
Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.
Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .
Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine
Plaintiffs Lose In Two Recent Prisoner Cases
In McClain v. Rogers, (7th Cir., Nov. 30, 2005), a practitioner of Asatru (a religion tied to White supremacist beliefs) sued claiming that prison guards prohibited him from praying alone in the prison yard. He also complained that the chaplain does not allow Asatruars to worship in groups, though members of other religions are may do so. The court held that while there may be an issue of whether the prisoner's praying alone violated the prison rule against "meetings or gatherings" in the prison yard, the issue was not properly raised.
In Smith v. Haley, 2005 U.S. Dist. LEXIS 30454 (MD Ala, Dec. 1, 2005), an Alabama federal district court faced claims brought by a practitioner of Odinism, an ancient pre-Christian faith whose theology is based on historic Icelandic sagas and runic mysticism. By the time the case got to trial, most of his accommodation requests had been met. However, prison officials refused to permit him to use and possess a small quartz crystal, and the prisoner sued, among other things, for damages because this denied him his right to freely practice his religion. The court held, however, that even if the refusal to allow the prisoner to possess a crystal violated his right under RLUIPA, the defendants were entitled to qualified immunity because Smith's right to possess a crystal as part of his practice of Odinism was not clearly established by any law at the time of the actions in question.
Saturday, December 03, 2005
NJ Chabad Can Display Menorah In Park; Other Rabbis Disagree
IRS Complaint Lodged Against Dobson's Focus On The Family
Californa Doctors Can Raise Free Exercise Defense
Churches Threatened By Proposed Indonesian Regulation
Friday, December 02, 2005
AF Academy Evangelism Is Becoming Campaign Issue
Univ. of Kansas Cancels Anti-Creationism Course As NY Museum Discusses Topic
UPDATE: The National Review carries more of Prof. Mirecki's controversial comments. [Thanks to Rick Duncan via Religionlaw listserv.]
Meanwhile, yesterday at at the American Museum of Natural History in New York, a panel of academics discussed evolution vs. intelligent design in connection with the museum's display on Darwin. Reuters today summarizes the panel's remarks.
Highway Patrol Memorials Challenged
Today's Salt Lake Tribune reports on a lawsuit filed in a Utah federal district court yesterday challenging 14 steel crosses placed along Utah roadways to memorialize state Highway Patrol troopers who died nearby in the line of duty. 9 of the 14 crosses are on public land. The suit brought by the American Atheists (AA) seeks to remove the crosses, or at least to remove the Highway Patrol's logo from them. The state director of AA, Michael Rivers, said, "The presence of the UHP logo on a poignant religious symbol is an unconstitutional violation of the United States Constitution. It is government endorsement of religion." But the Utah Highway Patrol Association counters that crosses are used as an international sign of memorial.
Reactions To Indiana Legislative Prayer Ruling
University of Wisconsin Sued Over Restrictions On Dorm RAs
Punishment Increased In North Carolina For Church Break-Ins
Civil Rights Commission Holds Hearings On Campus Anti-Semitism
Thursday, December 01, 2005
Christian Legislative Prayer Enjoined In Indiana; Urged In Colorado City
Meanwhile, in Boulder, Colorado, the Daily Camera yesterday reported that the mayor pro-tem, Randy Ahrens, has suggested that City Council meetings be opened with a prayer to set a positive tone after a contentious campaign season. Two pastors offered prayers at the start of the first meeting of the newly-elected Council on Nov. 15. However, their remarks provoked controversy because both preachers represented Christian churches and invoked the name of Jesus Christ in the prayers. Members of Council seem about evenly split on the proposal.the evidence shows that the official prayers offered to open sessions of the Indiana House of Representatives repeatedly and consistently advance the beliefs that define the Christian religion: the resurrection and divinity of Jesus of Nazareth. The Establishment Clause “means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions).... The sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983). Plaintiffs have standing as Indiana taxpayers to bring their claims, and they are entitled to declaratory and injunctive relief. This relief will not prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.
BC Tribunal Rules On Refusal To Rent KofC Hall For Lesbian Wedding Reception
UPDATE: The Dec. 1 Edmonton Sun News reported that the plaintiffs plan to appeal the Tribunal's decision to the British Columbia Supreme Court, asking it to require religious institutions to disclose their policies to couples before they sign contracts.
Christian Groups Sue Colleges Over Membership Requirements
Israel High Court Asked To Recognize In-Country Non-Orthodox Conversions
Wednesday, November 30, 2005
Public Prayer Protection Act Introduced Into Congress
The bill is similar to another pending piece of federal legislation, the Constitution Restoration Act (HR 1070 and S 520) . Today World Net Daily reports that earlier this month, during a special session of the Louisiana Legislature called to deal with Hurricane Katrina, Louisiana lawmakers passed a Resolution urging Congress to adopt the Constitution Restoration Act.
High School Coach Sues Claiming Right To Pray With Team
Group Praises Churches For Katrina Aid; Opposes Faith-Based Initiatives
Critics of 10 Commandments Display Testify In Michigan
Tuesday, November 29, 2005
Moussaoui Voir Dire May Include Questions On Jurors' Religion
South Carolina City Council Moves To Pre-Meeting Prayer
Drug Store Suspends Objecting Pharmacists Because of Illinois Law
Sweden's Supreme Court Clears Pastor Who Gave Anti-Gay Sermon
UPDATE: Further background information, including a transcript of the offending sermon, can be found on this website devoted to the case.