Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, November 25, 2005
Bankruptcy Disclosure Statement Filed By Archdiocese
Currently the Archdiocese is arguing over which parish and school properties are available to creditors. (See related prior posting about Spokane case.) The disclosure statement says that if the archdiocese prevails, the compensation will be only about half as much as under last week's proposal-- shrinking from $40.5 million to $21.5 million. In the statement, the archdiocese said engaging the property dispute is in no one's best interest, since the case could take years.
The disclosure statement argues the Archdiocese side of the case: "All church property, whether held in the name of the archdiocese, the archbishop, a parish or a school, has been acquired with charitable donations made by parishioners, religious organizations, charitable foundations, and others. As such, the archdiocese asserts that much of the property titled in its name is held in trust, or is otherwise restricted, for the use of the benefit of the parishes, parishioners, parents, students and others who rely on the continued use of such property in order to practice their religion and educate their children, and that certain property is specifically designated for a particular purpose and can only be used for that purpose."
Missouri Stem Cell Initiative and Catholic Opposition
Islam and Freedom of Religion In Malaysia
Faith-Based Prison Programs Grow In Popularity
The Tallahassee Democrat reports on the conversion of Florida's Wakulla Correctional Institution to a faith-based facility. The official designation means inmates must agree to attend religious or non-religious character-building classes and stay out of trouble. If they do not, they will be transferred to other less desirable prisons in the system. There are 3,000 inmates throughout the state on a waiting list for faith-based programs. The classes at Wakulla will be taught by volunteers in order to reduce the likelihood of church-state lawsuits. Wakulla, with its 1662 inmates, is the third prison in Florida to be designated faith-based and is the largest faith-based prison in the U.S.
Alliance Defense Fund Featured
Thursday, November 24, 2005
Historical Thanksgiving Proclamations
unite in rendering unto him our sincere and humble thanks, for his kind care and protection of the People of this country previous to their becoming a Nation, for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war, for the great degree of tranquility, union, and plenty, which we have since enjoyed, for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge and in general for all the great and various favors which he hath been pleased to confer upon us.
Lincoln's proclamation took a more somber tone:
UPDATE: The full text of all Presidential Thanksgiving Proclamations are posted at Pilgrim Hall Museum. Thanks to Joseph M. Knippenberg for this lead, and see his discussion of Thanksgiving Procalmations here and here.And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to his tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquility and Union.
Chabad Seeking To Display Menorahs On Public Property
Yesterday's Boston Jewish Advocate reports that Shrewsbury town selectmen originally refused a Chabad request to place a menorah in the town common. At a Nov. 21 meeting, they decided to retract their refusal, but have not given Chabad permission to display the menorah. In Wellesley, Rabbi Moshe Bleich successfully negotiated the display of a menorah on the town lawn in exchange for an agreement that he would rescind his request to hold a public ceremony. The Chabad rabbis involved argue that displaying a menorah is an important contributor to Jewish pride. Rabbi Michoel Green said, "Lots of Jewish kids here go to public schools and the Jewish kids are out of the loop."
Two New Religious Land Use Cases
The Newtown, Conn. Bee reported yesterday on a Nov. 18 decision by the Danbury, Conn. Superior Court rejecting a Buddhist Temple's challenge to a 2003 Planning & Zoning Commission decision. The Cambodian Buddhist Society of Connecticut had sought to develop 10 acres of property it owns in a residential area with a temple and meeting hall. P&Z members in had unanimously rejected the proposal because it would increased traffic and noise, and would be "far too intense for this particular site." The Buddhist Society appealed the rejection, alleging that it violated the federal Religious Land Use and Institutionalized Persons Act and Connecticut's Religious Freedom Restoration Act. However the court disagreed, finding that: "The society's claim alleging a violation of the equal protection clause is unavailing because the court finds no evidence of selective treatment. The court further finds the society has neither established a 'substantial burden' nor a 'burden' on religious exercise sufficient to meet its prerequisite burden for a [religious freedom] claim...." UPDATE: The opinion is Cambodian Buddhist Society of CT, Inc. v. Newtown Planning & Zoning Commn., 2005 Conn. Super. LEXIS 3158 (Nov. 18, 2005).
San Diego Sets Yom Kippur As School Holiday
Court Turns Down Prisoner Request For Strict Kosher Diet
Wednesday, November 23, 2005
Muslim Prisoner Challenges Worship Practices and State Statute
Wives Of Sect Leader Charged In Malaysia
Injunction Issued, Appeal Filed In Pledge Case
Wisconsin AG Refuses To Issue Opinion On Bible Study In Dorms
Canadians Call For Equal Funding of Religious Schools In Ontario
Tuesday, November 22, 2005
Islam In Russia and Russian Reactions
Guantanamo Detainee Gets Koran, But Not Bible
No Religious Discrimination By New Mexico State Football Coach
Florida Supreme Court Will Decide Wiccan Standing In Tax Case
Graduation Prayer At Arkansas High School Challenged
Mormon Church Liable For Millions For Not Reporting Stepfather's Abuse
Monday, November 21, 2005
Marseille Defies French Secular Governmental Model
Reform Jewish Group Opposes Alito
New Orleans Mayor Uses Religion In Town Hall Meetings
Custody Decree Does Not Infringe Free Exercise Rights
A dissent by Justice Parker argued that the majority should have reversed a part of the trial court's custody decree that ordered Laura to avoid religious training of her daughter that would be disparaging or critical "in any way" of the custodial father's more liberal religious views or practices. Justice Parker argued that "the only interest offered by the trial court to justify stripping Laura of her fundamental right to teach her child the worship of God is that doing so will prevent the daughter from feeling "unnecessarily confused or pressurized [sic]" because of the differences in her parents' religious views and practices. " He found that rationale unpersuasive.
The majority responded: "Nothing in the trial court's order prevents Laura from teaching the child every facet of the Christian faith and every principal [sic.] and lesson contained in the Bible. This can be done by any parent without disparaging or criticizing his or her former spouse."
10 Commandments Rally in Oklahoma
Court Upholds Denial of Prisoner's Bible Course Materials
Sunday, November 20, 2005
Bush Presses China To Grant Greater Religious Freedom
The President told reporters: "My hope is that the government of China will not fear Christians who gather to worship openly. A healthy society is a society that welcomes all faiths." Later in a joint appearance with Chinese President Hu Jintao at the Great Hall, Bush said: "It's important that social, political and religious freedoms grow in China and we encourage China to continue making their historic transition to greater freedom." Hu responded: "Notable and historic progress has been made in China's development of a democratic political system and human rights." A dispatch yesterday from Knight-Ridder Newspapers also reports on the President's push for religious freedom in China.
UPDATE: Apparently President Bush made little headway in pressing China to liberalize its policies on religious freedom. A Knight-Ridder report quotes Chinese President Hu, after his meetings with Bush, as saying that human rights in China should be based on "national conditions" and China's "historical and cultural heritage."
Ghana Seventh Day Adventist Students Lose In Court
Boston Archdiocese Enters Unusual Settlement With Feds
The archdiocese agreed to continue to audit parishes and schools for implementation of child protection programs and to finance a committee of specialists to study the effectiveness of child protection programs. It will be report publicly on its efforts to improve child protection policies every six months for three years. Finally it waived the statute of limitations so that if it does not implement the agreement, the federal government can still prosecute. Both sides say that the agreement does not intrude into prohibited separation of church and state.
Constitutionality of Indonesia's Ban On Proselytizing Children Challenged
Finnish Court Finds "Flamer" Guilty of Disturbing The Practice of Religion
Saturday, November 19, 2005
2005 Thanksgiving Proclamation
9th Circuit Dismisses Challenge To School's Islamic Role-Playing Exercise
Boston Court Refuses To Dismiss Challenge To Sale of Land To Mosque
Papal Astronomer Supports Evolution
NY Anti-Discrimination Exemption For Religious Groups Does Not Cover Harassment
Church Group To Oversee Community School Program
Friday, November 18, 2005
Sunni Prisoners May Proceed With Free Exercise Claims
Free Exercise Claims To O'Hare Expansion Rejected
The court held that the OMA is a neutral and generally applicable law. It concluded that the provision is "rationally related to the legitimate government objective of expanding and improving O'Hare. To be sure, the passage of §30 was an inartful way to anticipate (and head-off) attempts to use the Illinois RFRA to block O'Hare expansion. Nevertheless, it is clear that the provision was not enacted to single out cemeteries for invidious treatment, but rather to preclude the argument that any cemetery would be entitled to more favorable treatment than other properties in the path of O'Hare expansion." The court also rejected plaintiffs' RLUIPA challenge, finding that the city's authority to acquire land for the airport expansion is not a land use regulation. It also rejected plaintiffs' equal protection claim.
Yesterday's Chicago Sun Times reported on the decision, pointing out that additional litigation over the O'Hare expansion is pending in the D.C. Circuit. (See related prior posting.)
L.A. Archdiocese Loses Religious Liberty Defenses
More On Alito's Church-State Decisions
Gov. Bush Has Alternative For Vouchers
Judge Upholds Renting School Space For Sunday Church Services
Petitioners Support Military Chaplains Praying "In Jesus Name"
Rob Boston, spokesman for Americans United for Separation of Church and State said that Sekulow's petition drive is just "a fund-raising ploy". He said, "This is being portrayed as an attack on Christianity when, in fact, all we're really asking for is that the Air Force respect and accommodate all religious beliefs within its ranks and not extend preference to a group that happens to be the majority. " Sekulow, on the other hand, said, "I think it's one of the most significant issues of religious freedom in our country. You've got chaplains afraid to say 'in Jesus' name.' ... They're fighting for freedom abroad and this is a basic fundamental freedom here."
Thursday, November 17, 2005
Analysis of Alito On Religious Freedom
Court Permits Suit For Prisoner To Add "Spiritual Name"
Prison Substance Abuse Program OK Under Establishment Clause
Censorship of Religious Literature In Uzbekistan
Wednesday, November 16, 2005
RLUIPA Suit Filed To Expand Tent City
Concerned about turning people away and uprooting them too soon, the Temple sued claiming that the Religious Land Use and Institutionalized Persons Act requires the city to grant the its requested permit. Supporting its religious freedom claim, James Mirel, the Temple's senior rabbi, said, "The whole idea of reaching out to the poor and needy is part of our Jewish tradition."
Newdow To Sue Over "In God We Trust"
Catholic Bishops Considering How To Treat Dissenting Politicians
Pope Assures Italy's Parliament Of Noninterference
This Week's New Law Review Articles
Margaret Chon & Donna E. Arzt, Walking While Muslim, 68 Law & Contemp. Problems 215-254 (2005)
Brent T. White, Reexamining Separation: The Construction of Separation of Religion and State In Post-War Japan, 22 UCLA Pacific Basin Law Jour. 29-88 (2004)
New Poll on Church-State Attitudes
Tuesday, November 15, 2005
Representative Wants Repeal Of New Law Exempting Churches Using Illegal Aliens As Volunteers
Cert. Denied In Case Upholding "In God We Trust" On Building
Dispute Over Possible Israeli Supreme Court Nominee
ACLU Challenges Sales Tax Exemption For Bibles
Massachusetts Senate Calls For Financial Filings By Churches
UPDATE: The Nov. 16 Boston Globe reported that the bill has run into opposition in the House after smaller religious groups said they feared becoming "collateral damage" in the Catholic church's clergy sexual abuse scandal. The vote on the bill , originally scheduled for Wednesday (the last scheduled day of formal debate for the year) was put off.
Monday, November 14, 2005
Saudi Teacher Sentenced To Jail and Lashes For Comments About Religion
Al-Harbi's strong comments against terrorism have upset a number of fundamentalist Islamic studies teachers who often encouraged students to disobey Al-Harbi. Abdul Rahman Al-Lahem, Al-Harbi’s lawyer, said that the sentence was illegal because “Any case that has to do with sacrilege must be heard in a special religious court and not in a regular one.” He also said that the judge did not give Al-Harbi the right to interrogate the witnesses, and refused to recognize Al-Lahem as his lawyer. An appeal will be filed.
Hearings Held On Workplace Religious Freedom Act
Opponents fear that the bill would allow nurses and pharmacists to refuse on religious grounds to refuse to assist with abortion procedures or fill birth control prescriptions. However the bill excludes from its coverage accommodation for religious beliefs that prevent employees from fulfilling the ''essential functions'' of their jobs. Other opponents fear that the bill will protect harassment of gay colleagues by conservative Christians who oppose homosexuality on religious grounds, though the law does not appear to override any existing prohibitions on such conduct.
Army Chaplain Writes Of Soldiers' Religious Choices
U.S. soldiers' attendance at Bible study and chapel service is high, and religious material such as pamphlets, holy books and other religious paraphernalia disappear shortly after being placed on book shelves. In short, a significant number of soldiers are experiencing incredible spiritual growth. But — here's what's important — it is what they are choosing. Others are turning away. It is vital that they should be free to do that. The only real faith is a chosen faith. I and other chaplains are sensitive to that. We aim to make faith available but not mandatory. The U.S. military, more broadly, sometimes struggles to keep that distinction.
Swedish Jews, Muslims Issue Joint Statement On Animal Slaughter
Sunday, November 13, 2005
New Church-State Publications
New on SSRN:
Eduardo M. Penalver, Visiting Associate Professor of Law at Yale Law School, has posted Treating Religion as Speech: The Religion Clause Jurisprudence of Justice Stevens .
Kristi L. Bowman, Assistant Professor of Law at Drake Law School, has posted Seeing Government Purpose Through the Objective Observer's Eyes: The Evolution-Intelligent Design Debates. The article will appear in Vol. 29 of the Harvard Journal of Law and Public Policy.
Adam Samaha, Assistant Professor of Law at the University of Chicago Law School has posted Endorsement Retires: From Religious Symbols to Anti-Sorting Principles.
Michigan Appeals Court Upholds Housing Complex Rezoning Under RLUIPA
UPDATE: The opinion in Greater Bible Way Temple of Jackson v. City of Jackson is available at 2005 Mich. App. LEXIS 2788 (Nov. 10, 2005). The court's opinion also upheld the constitutionality of the religious land use provisions of RLUIPA.
Saturday, November 12, 2005
Christian Group Assigns Ministers To Train Air Force Cadets To Proselytize
A fund-raising letter from the Navigators' team of ministers, Darren and Gina Lindblom, said, "We have recently been given an unused classroom to meet with cadets at any time during the day." Referring to the Air Force Guidelines and the civil suit filed by a parent of a cadet, the letter said"we are vitally aware we are in the front lines of a spiritual battle." It continued, "Please pray for unprecedented wisdom for Gina and me as we coach these cadets to live among the lost, sharing the Gospel in the midst of this current climate. We must be so careful. Yet we do not wish to squelch the passion of men like Daniel," a cadet who has vowed to "impact the lives of 200 men with the Gospel" before he graduates.
An Academy spokesman said the Navigators are one of 19 outside religious groups -- including Buddhist, Jewish, Catholic and Mormon organizations -- that hold weekly voluntary meetings in a program known as SPIRE, for Special Program in Religious Education. After further inquiry, the spokesman said that the Academy's chaplains had also set aside a room that any SPIRE group could use for counseling cadets at other times.
Two Recent Prisoner Religious Rights Cases
In Devine v. Schriro, 2005 U.S. Dist. LEXIS 27221 (D. Ariz, Nov. 4, 2005), an Arizona state prisoner claimed that his Free Exercise rights were being denied when, despite his sincere religious beliefs, prison officials denied him a Kosher diet because he had not provided letter from a rabbi. The federal district court dismissed the inmate’s claim, but permitted him to refile it within 30 days to allege specifically what the named defendants did to deny his rights.
Ban On Rosary Beads In Schools Lifted
Friday, November 11, 2005
"Just Read, Florida" Program Stirs Church-State Objections
Florida High School Coach Uses Religion To Get Winning Team
Wisconsin Legislature Approves Communion Wine In Prisons
Two Religious Land Use Cases In The News
UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).
European Court Upholds Turkish Headscarf Ban
Suit Challenges Faith-Based Prison Program
State Agency Lacks Jurisdiction Over Priest's Discrimination Complaint
Thursday, November 10, 2005
Justice Department Claims Ohio's Union Contract Discriminates On Religious Grounds
The suit involves Glen Greenwood, a pollution control worker at the Ohio EPA. He sought to stop paying a representation fee to the union when he learned that it supports abortion and gay rights. Ohio's contract with AFSCME Local 11 only permits state workers to opt out if they belong to a church that historically has held conscientious objections to joining or financially supporting unions. Acting U.S. Attorney General Bradley J. Schlozman said the Civil Rights Division wants the exemption expanded to permit any worker who holds a sincere opposition to a union-funded activity to divert his or her representation fee to charity. He contends that the current contract discriminates against those with sincere beliefs who do not belong to churches with long histories of opposing unions.
Senate Votes To Allow Prayer At Military Academies
Voters Eliminate Cross From Redlands City Seal
US House Recognizes 40th Anniversary of Nostra Aetate
UPDATE: On November 10, the U.S. Senate also approved H. Con. Resolution 260.
Survey On Church-State Issues To Be Released
UPDATE: The full poll was released on Nov. 21.
New Virginia Governor Impacted By Religious Experiences
Wednesday, November 09, 2005
Dover School Board Voted Out; Foes of Intelligent Design Elected
Russian National Anthem Challenged For Reference to God
Kansas Board of Education Revises Science Standards
Wisconsin University Bans Dorm RA From Leading Bible Study
The Foundation for Individual Rights in Education (FIRE) has written the university objecting to its policy, calling the ban unlawful and an "immoral restriction of religious liberty." "Unless they're on the clock 168 hours a week, which they're not, they have dual capacity as do all state employees," said David French, president of the foundation. "They have private lives. . . . We're not talking about Bible studies as part of an official R.A. function. We're talking about on their own time a function that is completely optional." (FIRE Press Release.) [Thanks to Brad M. Pardee via Religionlaw for the information.]
International Religious Freedom Report Released
Tuesday, November 08, 2005
FLDS Trust To Be Revised
Bruce Wisan, a special fiduciary appointed in May to protect UEP assets, said the church in the past has collected money from its members to pay taxes. This year, the faithful have been told "to do nothing" to help cover the bill, he said. FLDS, a sect that encourages polygamous marriage, has been the subject of numerous enforcement initiatives recently. (See prior posting.)
Protestants Sentenced By China Court For Illegal Printing of Bibles
Challenge To No-Beard Rule In Florida Prisons Moves Forward
UPDATE: On Jan. 10, 2006, the court released for publication a revised opinion reaching the same result, Muhammad v. Crosby.
Indian Court Strikes Down Set-Aside for Muslims
Monday, November 07, 2005
California Church Warned By IRS Because of 2004 Anti-War Sermon
Marcus Owens, the church's tax attorney, said "I doubt it's politically motivated. I think it is more a case of senior management at IRS not paying attention to what the rules are." Six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to front-line agents, Marcus said.
The IRS has offered to settle with All Saints and not move to the exam stage if the church admits to improper election activity. However the church refused the offer.
UPDATE: The Los Angeles Times has published an interesting background article on the IRS and political activities by religious organizations.
ADL Leader Criticizes Conservative Christian Groups
Churches Urge Yes Vote On California Prop. 73
Sunday, November 06, 2005
Two Newly Published Law Review Symposia
Brigham Young Law Review, Vol 2005, Issue 3 is an International Law and Religion Symposium titled Religion in the Public Sphere. The full text of all the articles is available online.
The American Journal of Comparative Law, Vol. 54, No. 4 (Fall 2004) has just published a symposium on Law, Religion and Secularism. Articles include:
Lama Abu-Odeh, The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia;
Christina Jones-Pauly & Neamat Nojumi, Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan;
Abdulmumini Adebayo Oba, The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction;
Seval Yildirim, Expanding Secularism's Scope: An Indian Case Study.