Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, May 09, 2006
Louisiana Senate Passes 10 Commandments Bill
Some Protestant Churches Oppose Federal Marriage Protection Amendment
Call For Implementing Civil Burial Option In Israel
UPDATE: Jerusalem's Mayor Uri Lublianski has announced that Jerusalem will create a cemetery for free burial of secular Israelis, despite opposition from the city's large ultra-Orthodox community. The first secular cemetery to be endorsed by a municipal government, it should be completed by 2007. (Haaretz, May 9.) [Thanks to Dick Schectman for the lead.]
Bank Charged With Unnecessarily Closing Muslim Charity's Account
Monday, May 08, 2006
First Amendment Religion Casebooks and Texts Available
Foundation Press:
- Volokh's The Religion Clauses and Related Statutes, Problems, Cases and Policy Arguments (2005).
- Conkle's Constitutional Law: The Religion Clauses (2003).
- Noonan and Gaffney's Religious Freedom: History, Cases Interaction of Religion and Government (2001, with 2005 Supplement).
- Michael W. McConnell, John H. Garvey & Thomas C. Berg, Religion and the Constitution (2nd Edition, 2006).
- Stephen G. Gey, Religion and the State (2001, plus annual supplements).
- Ravitch's Law and Religion, A Reader: Concepts, Cases and Theory (2004).
- Berg's The State and Religion in a Nutshell (2nd Edition, 2004).
- Loewy's Religion and the Constitution: Cases and Materials (1999, with 2002 Supplement).
Egyptian Government Appeals Ruling Recognizing Bahai
Recent Prisoner Free Exercise Decisions
In Jordan v. Lynn County Jail, 2006 U.S. Dist. LEXIS 26358 (ND Iowa, April 20, 2006), an Iowa federal district judge accepted a magistrate's recommendation to deny summary judgment to jail officials on an inmate's claim that he should have been allowed to attend Christian church services even though he also wanted to observe Muslim religious practices.
In Clark v. Levesque, 2006 U.S. Dist. LEXIS 25917 (D. Conn., March 17, 2006), a Connecticut federal district judge denied a Rastafarian prisoner's claim that his free exercise rights were violated when Connecticut prison officials, experiencing overcrowding at in-state facilities, transferred him to a federal correctional facility in Virginia with a strict grooming policy that disciplined him for refusing to cut his hair and shave. The court also rejected his claim that his treatment upon his return to a Connecticut prison was retaliation against him for practicing his religion.
Persecution Of Protestants Continues In Uzbekistan
Librarian Wins On Claim For No Sunday Work
Sunday, May 07, 2006
Competing 10 Commandments-Amendments Days Declared For Today
Meanwhile, a competing group has declared today to be Ten Amendments Day. Its website says: "On May 7th, a Ten Commandments Day Commission and millions of followers are lobbying to replace the Ten Amendments with the Ten Commandments, replacing our civil rights with their religious preferences. This attempt to align the power of government with the authority of God challenges the Establishment Clause of the First Amendment and endangers the rights protected by the other Nine."
FLDS Jeffs Placed On FBI's Most Wanted List
Recent Books and Articles On Church-State Issues
- Former Secretary of State Madeline Albright has published The Mighty and the Almighty: Reflections on America, God, and World Affairs, (Harper Collins, 2006). This week, Time carries an interview with her about the book.
- David L. Holmes, The Faiths of the Founding Fathers, (Oxford University Press, 2006). The book is reviewed in today's New York Times, along with two others in a review essay titled Keeping the Faith at Arms Length.
- Ira C. Lupu & Robert W. Tuttle, Federalism and Faith, (forthcoming, Emory Law Journal, Vol. 56, No. 1).
- Larry Alexander & Frederick Schauer, Law's Limited Domain Confronts Morality's Universal Empire, (forthcoming,William and Mary Law Review).
- Matthew L.M. Fletcher, American Indian Religious Freedom Act, and Indian Bill of Rights (forthcoming, Encyclopedia of American Civil Liberties).
From SmartCILP:
- Mark E. Chopko & Michael F. Moses, Freedom To Be a Church: Confronting Challenges To the Right of Church Autonomy, 3 Georgetown Journal of Law & Public Policy 387-452 (2005).
- Jonathan C. Lipson, When Churches Fail: The Diocesan Debtor Dilemmas, 79 Southern Calif. Law Review 363-454 (2006).
In Jamaica, Outlawed Occult Practices Are Popular
South African Muslim Challenges Dress Code for Prison Employees
Profile Of Native American Prison Spiritual Leader
Saturday, May 06, 2006
Church Sues Defrocked Priest For Breach Of Agreement
The complaint (full text) also asks for nominal monetary damages. Warren has filed an answer (full text) containing general denials and several affirmative defenses.
Bureau of Prisons Sued Over "Life Connections" Program
On Balkinization last month, Marty Lederman posted the arguments that support FFRF’s claim of unconstitutionality. He concluded: "With all of these constitutional infirmities, it is hard to imagine that the Office of Legal Counsel signed off on this BOP program."
China Reacts To Criticism Of Its Policies On Religious Issues
At the same time, China seems to be attempting to patch up its dispute with the Vatican. Reuters reports that the Vatican’s choice, Father Paul Pei Junmin, will be consecrated as a bishop in Shenyang on Sunday morning. Earlier this week, to the dismay of Pope Benedict XVI, China's Church appointed two bishops who had not been approved by the Vatican.
Church Precluded From Asserting Statute of Limitations In Priest Sex Case
The court also rejected the Church’s contention that the case would involve it in deciding the legitimacy of Church doctrine on issues such as baptism and sin, in violation of the First Amendment’s free exercise guaranty. The court found Doe’s complaint sufficiently alleged that the Archdiocese’s actions were in fact motivated by a secular purpose—the Church’s interest in not paying child support.
Reporting on the decision today, the Cincinnati Enquirer said that Doe and her daughter were recently reunited after the daughter began searching for her birth mother.
Pope and EC President Meet
Class Action Claims Discriminatory Citizenship Delay For Muslim Men
Friday, May 05, 2006
Establishment Claims At Hawaii Youth Correctional Facility Not Proven
School Prayer Amendment Introduced In House
Student Sues After Ban On Handing Out Religious Literature
More Litigation on Kentucky Statehouse 10 Commandments
6th Circuit Rejects Claim By Prison Chaplain
Arizona State CLS Gets Limited Attorneys' Fees Award
Knoxville School Board Passes Policy On Religious Expression
Thursday, May 04, 2006
Today Is "National Day of Prayer"-- With A Long Prelude
In anticipation of the day, advocacy organizations this week issued competing press releases. American Atheists said that the role of the day is "to distract public attention from real political and social problems facing the American people." Meanwhile, the Alliance Defense Fund announced that it had sent a letter to 1200 cities encouraging local officials to participate in activities recognizing the National Day of Prayer. It also said that there is no obligation to give parallel recognition to atheists or others who do not participate in the Day's observances. ADF offered free legal representation in the event a city is sued over observing the day.
Today's Christian Science Monitor reports on yet another prelude to the Day. Evangelical Christian groups are conducting the 17th Annual U.S. Capitol Bible Reading Marathon on the west lawn of the U.S Capitol. The 90 hour event, ending today, began with the reading of Genesis and will conclude with a unison reading of the last two chapters of the book of Revelation. Two dozen members of Congress and their staffers are among those who have read from the Bible's text. Critics say that the event is an attempt by evangelicals to link government to Christian ideals. Supporters say that the event is merely a reminder of the important role that faith played in America's founding. In a related matter, members of Congress and historians are debating how prominent the Bible should be in the displays on the history of the Congress that will be in the $522 million Capitol Visitors Center that will open in 2007.
UPDATE: Religion News Service today reported on ceremonies at the White House to observe the National Day of Prayer. The 150 invited guests at the ceremony represented Christians, Jews, Muslims and Buddhists.
7th Circuit Denies En Banc Review In Taxpayer Standing Case
Federal Judge Moves To Enforce Removal Of Mt. Soledad Cross
UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)
UAE Police Investigating Illegal Pro-Christian Pamphlets
Dubai police will investigate since preaching faiths other than Islam is a criminal offence in the UAE. It is punishable by a prison sentence of up to ten years followed by deportation. Distributing pamphlets without a license is also illegal.
ACLU Director Criticizes Suit Seeking Parental Notice On Class Content
Wednesday, May 03, 2006
Courting The Religious Right In Gubernatorial Primaries-- An Update
Meanwhile, in Alabama, former state chief justice Roy Moore who is running in the Republican gubernatorial primary on June 6, is trailing his primary opponent, Gov. Bob Riley, by a 2-1 margin according to today's Washington Post. Moore achieved the status of a hero among the Christian right after his defense of a 10 Commandments monument he placed in the rotunda of the state judicial building in 2001. Riley, however, has not ignored the religious issue. He holds weekly Bible study classes with his staff.
China-Vatican Reconciliation Derailed By Appointment of Bishops
UPDATE: On Thursday, Pope Benedict XVI strongly condemned China's conduct. (Reuters report.)
Commission On International Religious Freedom Releases Report
University of Wisconsin To Permit Disputed Funding Of Catholic Group
European Court Vindicates Convicted Turkish Author
School Board Member Dismissed As Defendant Cannot Continue In Case
Tuesday, May 02, 2006
May Designated Jewish American Heritage Month
10 Commandments Trial In Oklahoma
ERISA Exemption For Church Plans Endangers Pensions Of Many Employees
9th Circuit Upholds Limits On Public Employee Religious Expression
While it allowed employees to discuss religion among themselves, it avoided the shoals of the Establishment Clause by forbidding them from discussing religion with its clients. Similarly, the Department allowed employees to display religious items, except where their viewing by the Department's clients might imply endorsement thus evading the reef of the Establishment Clause. The Department did not prohibit its employees from holding prayer meetings in the common break room or outside, but declined to open the Red Bluff Room to employee social or religious meetings as such use might convert the conference room into a public forum. We conclude that these restrictions were reasonable and the Department's reasons for imposing them outweigh any resulting curtailment of Mr. Berry's rights under the First Amendment of the United States Constitution or Title VII of the Civil Rights Act of 1964.The case was discussed in an Associated Press report yesterday.
Egyptian Government To Institute Centralized Call To Prayer In Cairo
Monday, May 01, 2006
Toledo Murder Trial Of Priest Continues With Suggestion Of Ritualistic Killing
In 1980, Father Robinson told the police that another man had admitted to the murder during confession; but then Robinson changed his story. Normally a priest would be excommunicated for revealing anything that was said in a confession, but this has not happened in Robinson's case. Rev. Grob testified, in response to a question, that a church court in deciding whether to excommunicate might take mitigating circumstances into account, such as Father Robinson being under stress because of the police interrogation.
In Israel, Government Formed With Shas As Part of Coalition
Texas Supreme Court To Review Claim Against Pastor-Family Counselor
The First Amendment And Parking Rules
These kinds of parking issues pose intriguing legal questions under exiting First Amendment jurisprudence. The Becket Fund has called attention to the issue in its e-update this week. Its Legal Counsel, Jered Leland, says that enforcement of the double parking law is unconstitutional because it places an unfair burden on religious institutions. Others however claim that the city's non-enforcement policy is illegal because it gives a preference to churches.
If one begins to examine the issue closely, policies in other cities could also be implicated. New York City has an elaborate policy on suspension of alternate side parking regulations. It has identified 34 holidays, many of them religious, on which it suspends the rules that are designed to facilitate traffic flow and street cleaning. Last year, some controversy was generated when New York City Council added the Hindu holiday of Diwali to the list of days on which parking restrictions were eased. If it were not to suspend these rules, it would pose substantial religious burdens on at least some faiths. Observant Jews are precluded from driving cars on many holidays. Enforcing the parking rules would force them to move their autos in violation of Jewish law.
Public Employee Dismissal Upheld For Harassment Including Religious Messages
Sunday, April 30, 2006
Religious Groups At Center of Today's "Save Darfur" Rally In D.C.
There are other religious elements in the Darfur situation. The London Sunday Times points out that the violence in Darfur is Muslim-on-Muslim. It also says that "there have been tensions in the Save Darfur campaign over some American Christian groups' zeal for conversions. After complaints, Sudan Sunrise, a group based in Kansas, last week removed references on its website to its 'one-on-one lifestyle evangelism to Darfurian Muslims living in refugee camps in Chad'."
Meanwhile, yesterday President George W. Bush met with organizers of the Washington rally, saying that the United Nations needs to augment African Union troops already in Sudan. In his statement following their talks, Bush said that the U.S. is working through NATO to respond to the situation, and added, "those of you who are going out to march for justice, you represent the best of our country."
New Scholarly Articles On Church-State
Chris Kemmitt, RFRA, Churches and the IRS: Reconsidering the Legal Boundaries of Church Activity In the Political Sphere, 43 Harvard Journal on Legislation 145-180 (2006).
From SSRN:
Kyle Duncan, Subsidiarity and Religious Establishments in the U.S. Constitution, (forthcoming in Villanova Law Review).
Department of Justice Plans Single-Faith Pre-Release Program For Prisoners
New Mississippi Law May Permit Teaching of Creationism
No local school board, school superintendent or school principal shall prohibit a public school classroom teacher from discussing and answering questions from individual students on the origin of life.
Secular Democracy Promoted For Nepal
Saturday, April 29, 2006
3rd Circuit Invalidates Registration Law For Door-To-Door Proselytization
Baptist Official Speaks on Church-State Issues
Hawaii Court To Order Artifacts Removed From Cave
Swedish Muslim Group Wants Legal Accommodations; Others Object
Hindu Couple In New York Lose Battle To Keep Cows In Village
PBS Feature On Religion and Politics In Ohio
Friday, April 28, 2006
Foundation Labeled As Terrorist Claims Free Exercise Infringement
Defendant Charges Police Insensitivity To Religious Garb
Byrd Introduces School Prayer Amendment
Nothing in this Constitution, including any amendment to this Constitution, shall be construed to prohibit voluntary prayer or require prayer in public school, or to prohibit voluntary prayer or require prayer at a public school extracurricular activity.The Charleston Daily Mail reports that this is the eighth time in 43 years that Byrd has introduced the proposal. The Daily Mail also says that it has learned from Byrd's office that Byrd has talked about his amendment and the original intent of the drafters of the First Amendment with Supreme Court Chief Justice John Roberts. The full text of Byrd's expansive speech introducing the amendment is available from his website.
In Minsk, Passover Seder Deemed Unfit For Children To See
Michigan House Passes Conscience Bill For HMOs and Insurers
British Court Rejects Claim Of Burial Benefits Discrimination
2nd Circuit Upholds Church's Right To Shelter Homeless Outside
Pakistan Charges Foreign Papers, Internet Firms With Blasphemy, Capital Offense
Reform Rabbinical Leader Speaks At Liberty University
Today's Forward has an excellent article on the talk that was given at as part of a Wednesday morning prayer service that is mandatory for students and faculty at the University.It is understandable, perhaps, that we may feel victimized and under attack and look for quick fixes. And so we hear calls, sometimes from evangelicals and sometimes from others, for prayer in the schools and lowering the wall of church-state separation. But let us beware of simple answers. As a Jew, I don't like it when other Jews find an anti-Semite under every bed; I don't believe that Judaism is seriously imperiled, and I don't think that Christianity is under siege either. Neither do I want to ask the government to solve our problems by imposing its will. Government coercion generates resentment, not godliness, and it is never a good idea to put the government in charge of our thinking.
Thursday, April 27, 2006
Maine Supreme Court Upholds Vouchers Limited To Non-Sectarian Schools
Coast Guard Relents On Merchant Marine Photo Rule
California Sentencing Judge's Reference To Religion OK'd
House Committee Defeats Duplicative Anti-Discrimination Amendment To Telecom Bill
Churches Moving To Retail and Commercial Space
Florida House Votes Property Tax Exemption For Holy Land Experience
Government and Human Rights Groups Urge Tadic To Reject Serbia's New Religion Law
On Wednesday, the U.S. Helsinki Commission issued a statement criticizing the law's "ambiguous registration requirements, limitations on naming rights, ill-defined state deregistration powers, speech limitations, improper public disclosure requirements, and undue deference to registration decisions of other EU countries." The statement also criticized provisions that would require many minority religious communities now registered to re-register with authorities.
Finally, according to B92 News, a letter signed by nine human rights organizations in Serbia said that the bill brings Serbia's secular character into question. The letter says the new law is contradictory to human rights guarantees in the country's constitution. It charges that the law moves Serbia back toward medieval times and away from modern Europe.
UPDATE: Despite these pleas, Makfax reported Thursday afternoon that Serbia's President Boris Tadic signed the Church and Religious Communities Act into law.
Wednesday, April 26, 2006
ACLU Questions Louisiana Mayor's Bible Study Class
Joe Cook, Louisiana ACLU executive director, argued that the sessions advance Christianity over other religions, and said that some city employees may feel pressured to attend. City Attorney David Cressy, however, argued that the classes are permissible because they are a private function, primarily for individuals who work at City Hall.
Challenges To Kentucky Funding For Religious Colleges Filed
Kentucky Governor Ernie Fletcher says that two of his top advisers differ on the constitutionality of the funding. His chief of staff believes it is unconstitutional. However, his general counsel takes the position that the state's Constitutional ban (Sec. 189) on using tax money to support sectarian schools applies only to elementary and secondary schools and not to colleges.
LDS Church Wants To Buy Part of ASU Polytechnic Campus
California May Pass Law Limiting Funeral Pickets
Florida State Charitable Campaign Sued By Religious Charities For Access
Rastafarian Prisoner Can Move Ahead On One Claim
First Use Of Utah's Hate Crime Law May Be For Religious Bias In Assault
Tuesday, April 25, 2006
Judge Apologizes To Sikh Excluded From Courtroom
Two Cases Reject Church Autonomy Jurisdictional Challenges
In a recently available decision in Passmore v. Sixth Judicial District, 2005 Mont. LEXIS 705(Mont. Sup. Ct., Nov. 16, 2005), the Montana Supreme Court refused to intervene to stop a trial court from proceeding in a case against a church alleging negligence in hiring, retaining and supervising the church's pastor. Petitioners had claimed that the trial court's proceedings would impinge on the church's teaching of religion or free exercise of religion.
Professional Football Team To Wear Bible-Themed Jerseys
On the jerseys, "Steeldogs" is replaced by "Samson", referring to the Old Testament hero known for his strength. On the back of the jerseys, the player's last name will be replaced by a book of the Bible. The number on the jersey will correspond to a chapter and verse of that particular book. Fans in attendance will be able to find the reference in free Bibles that will be handed out to everyone courtesy of Spiritual Outdoor Adventures. After the game, the jerseys will be auctioned off, with the proceeds going to local non-profit ministries. This event is the first of three "Barber's Dairy Faith Nights" with the Steeldogs.