Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, September 18, 2006
New Publications In Law and Religion
William E. Nelson, The Utopian Legal Order of the Massachusetts Bay Colony, 1630-1686, 47 American Journal of Legal History 183-230 (2005).
From SSRN:
Steven Douglas Smith, The Jurisdictional Establishment Clause: A Reappraisal (forthcoming Notre Dame Law Review).
From Bepress:
Steven H. Shiffrin, Liberalism and Religion (August 22, 2006), ExpressO Preprint Series. Working Paper 1601.
New Book:
Ray Suarez, The Holy Vote: The Politics of Faith in America (Harper Collins, August 29, 2006)-- reviewed in Sunday's Washington Post.
Sunday, September 17, 2006
Religious Dress Ban In France As New School Year Begins
Competing Bills On Military Chaplain Prayer In Congress
2nd Circuit Interprets 1998 Charitable Donation Protection Act
Most Muslim Leaders Say Pope's New Statement Not A Sufficient Apology
I am deeply sorry for the reactions in some countries to a few passages of my address at the University of Regensburg, which were considered offensive to the sensibility of Muslims. These in fact were a quotation from a medieval text, which do not in any way express my personal thought.The full text of Cardinal Secretary of State Tarcisio Bertone's statement, to which the Pope refers, is available as part of NPR's coverage of the story. Bertone assumed his office as Secretary of State only two days ago.
Yesterday, the Cardinal Secretary of State published a statement in this regard in which he explained the true meaning of my words. I hope that this serves to appease hearts and to clarify the true meaning of my address, which in its totality was and is an invitation to frank and sincere dialogue, with great mutual respect.
Before the Pope spoke today, there had even been calls by a Somali cleric for Muslims "to hunt down the Pope for his barbaric statements as you have pursued Salman Rushdie, the enemy of Allah who offended our religion." (Zimgreats. com). In a possibly related incident, an Italian nun at a children's hospital in Mogadishu was murdered on Sunday. (New York Times.)
After the Pope's statement on Sunday, Muslim clergy in Syria expressed satisfaction. (Deutsche Presse Agentur). However most Muslim leaders around the world say that the Pope's Sunday address did not go far enough in apologizing. (CNN).
Tennessee Ten Commandments Case Moves To Trial
[E]ven if the same public body previously attempted to post the Ten Commandments in an unconstitutional manner, it may be able to post the Ten Commandments in the future in a constitutionally permissible manner. While recent cases provide a "road map" to follow in permissibly displaying documents with religious content, these Rutherford County Defendants must show that they have purged themselves of their original sectarian purpose relating to the posting of the Ten Commandments.
Court Says Privilege Did Not Excuse Failure To Report Sex Abuse
Saturday, September 16, 2006
Indian Court Bans Priests' Helpers From Temple
Newdow Seeks Libel Judgment Against Critic
California Church Location Approved Under Pressure of RLUIPA
State Department Issues International Religious Freedom Report
Friday, September 15, 2006
Kansas AG's Campaign Tactics Toward Churches Revealed
UPDATE: Here is the full text of the Attorney General's memo to his campaign staff. For more on this see Jews On First blog.
Still No Agreement Over Women's Protection Bill In Pakistan
Religious Amusement Parks and Tax Breaks
Pope's Remarks Anger Muslim Countries
Pakistan's Parliament unanimously passed a resolution condemning the Pope's remarks, and in Turkey a leader in the Prime Minister's party said the Pope would go down in history with leaders like Hitler and Mussolini for his remarks. (The Independent.) The Egyptian-based Muslim Brotherhood said Islamic countries should consider breaking diplomatic relations with the Vatican unless the remarks are withdrawn. (ITV.) In response, the Vatican issued a statement, saying that the Pope wishes to "cultivate an attitude of respect and dialogue toward other religions and cultures, obviously toward Islam too.... What is at the Pope's heart is a clear and radical refusal of the religious motivation of violence."
TRO Denied To Funeral Protesters
Native Americans Argue Snowbowl Appeal In 9th Circuit
Michigan House Passes Bills To Permit Rejection Of Gay Adoptions By Agencies
Thursday, September 14, 2006
Study Finds Behavioral Changes When "Blue Laws" Are Repealed
We ... use a variety of datasets to show that when a state repeals its blue laws religious attendance falls, and that church donations and spending fall as well. These results do not seem to be driven by declines in religiosity prior to the law change, nor do we see comparable declines in membership or giving to nonreligious organizations after a state repeals its laws.... We find that repealing blue laws leads to an increase in drinking and drug use, and that this increase is found only among the initially religious individuals who were affected by the blue laws.... [T]he gap in heavy drinking between religious and non religious individuals falls by about half after the laws are repealed.The full report is available online from SSRN at a cost of five dollars.
Wiccan Symbol Will Go On Memorial Plaque For Veteran
Ohio School District Will Not Defend Its Win Before 6th Circuit
Baltimore Archdiocese Can Tear Down Historic Building
Indian State To Amend Its Anti-Conversion Law
UPDATE: On Sept. 19, the amendments to the Freedom of Religion Act were passed by the State Legislative Assembly. However opponents vigorously protested the law's description of Buddhism and Jainism as Hindu denominations. (Express News Service.)
Puzzling Developments In Ohio On Intelligent Design
Dutch Justice Minister-- Sharia Could Be Established Democratically
Wednesday, September 13, 2006
Study Says Texas High School Bible Courses Are Sectarian
with a few notable exceptions, the public school courses currently taught in Texas often fail to meet minimal academic standards for teacher qualifications; curriculum, and academic rigor; promote one faith perspective over all others; and push an ideological agenda that is hostile to religious freedom, science and public education itself.Courses are often taught by teachers with no academic training in biblical, religious or theological studies, and sometimes are taught by local clergy. However the report cited 3 districts that presented courses in a much more neutral manner. The full text of the report, titled Reading, Writing and Religion: Teaching the Bible in Texas Public Schools, is available online.
Masorti Movement Wins A Small Victory In Israel
Church May Be Liable For Negligent Supervision Of Minister-Marriage Counselor
Suit Challenges Faith-Based Grants To Marriage Institute
Covering the filing of the suit, today's New York Times interviewed Bob Whiddon Jr., director of the Northwest Marriage Institute, who argued that the federal grants could legally be used to increase the capacity of his organization to serve the community. George Washington University Law Professor Robert Tuttle criticizes the government for not providing clear guidelines on the use of federal faith-based funds.
Chaplain's Court Martial Begins
UPDATE: After deliberating for 1 hour and 20 minutes, a jury of 5 officers on Wednesday found Klingenschmitt guilty of disobeying a senior officer's order. Klingenschmitt's attorney called no witnesses for the defense, instead arguing that the government's evidence demonstated his client's innocence. The jury returns on Thursday to determine the appropriate sentence, which could be forfeiture of 2/3 pay for a year and a reprimand. (Associated Press)
UPDATE: On Thursday, the court martial decided that Klingenschmitt should receive a letter of reprimand. The jury also recommended that he lose $250 per month of his pay, but the court suspended that part of the sentence. Klingenschmitt says he will appeal. (WAVY-TV, Norfolk, VA.)
2nd Circuit Rejects Establishment Clause Challenge To Legal Services Restrictions
Scientologists Lose Challenge To Nebraska Infant Blood Test Law
The court spent most of its opinion on plaintiffs' free exercise challenge. It held that the requirement is a neutral law of general applicability, and as such the legislature needed only a rational basis for imposing the regulation. (See prior related posting.) [Thanks to How Appealing for posting the opinion.]
European Parliament Criticizes Turkey On Religious Freedom; Turks Respond
The comments point out that a Minority Issues Assessment Commission has been set up to find solutions to daily problems faced by non-Muslim religions; non-Muslim religious foundations have been granted the right to buy and sell real property; non-Muslim places of worship have been restored; and an amended Law on the Civil Status Registration Services allow individuals to have their religion removed from the register of families and the religion section of their birth certificate left blank.
Tuesday, September 12, 2006
Christian Anti-Abortion Group Has 501(c)(3) Status Revoked
Wiesenthal Center To Ask Israel Supreme Court For Approval On Museum
Michigan Religious Leaders Oppose Anti-Affirmative Action Ballot Measure
Navy Chaplains Lose Evidentiary Challenge
Boston Religious Leaders Urge Muslims To Do More To Repudiate Terrorism
More Limits On Jurisdiction Of Israel's Rabbinic Courts
Pentagon Chapel Is Busy Venue
Monday, September 11, 2006
Boston Court Refuses To Apply Anti-SLAPP Law To Mosque's Defamation Suit
At that point, ISB and two individuals connected with it brought a defamation action alleging that their public vilification damaged their reputation and led to donors being unwilling to contribute funds to ISB. Defendants in the case responded by asserting that the defamation action is barred by Massachusetts' anti-SLAPP statute -- a law designed to prevent use of lawsuits against citizens who petition the government on a matter under review, or to encourage such review. In this decision, the court holds that the anti-SLAPP law does not bar the defamation action because the challenged statements were made to turn public opinion against ISB, and not to affect or obtain government review of the mosque project.
The court concluded: "The instant case not only involves a claim for libel but it also touches on the right to the free exercise of one's religion: The Complaint ... alleges that ... that [plaintiffs] were targeted because they were Muslim, in violation of their civil rights. To prevent them from pursuing relief at this early juncture ... would come dangerously close to applying [the anti-SLAPP law] in an unconstitutional manner."
No Immunity For Principal In Recess Bible Reading Case
Indian Government's Haj Subsidy Debated
The Haj begins on December 29, 2006. The Allahabad High Court has told the central government and the government of Uttar Pradesh that, pending a final hearing, they may no longer pay a subsidy for Haj pilgrims. The subsidy now comes in the form of reduced airfares on Air India or Indian Airlines. (Times of India.) The court's decision however permits the government to continue to provide for the safety and well being of religious pilgrims. (India eNews.)
Recent Articles and Book On Law, Religion and Politics
- Paul Robinson, et. al., Shari'a, Legality, and the Freedom to Invent New Forms: Americans Drafting an Islamic Model Penal Code (July 28, 2006).
- Kent Greenawalt, David C. Baum Memorial Lecture on Civil Rights and Civil Liberties. Objections in Conscience to Medical Procedures: Does Religion Make a Difference?, 2006 University of Illinois Law Review 799-825.
- Alexandra R. Harrington, Resurrection From Babel: The Cultural, Political, and Legal Status of Christian Communities in Lebanon and Syria and Their Prospects for the Future, 13 Tulsa Journal of Comparative & International Law 217-248 (2006).
- Melynda J. Price, Litigating Salvation: Race, Religion and Innocence in the Karla Faye Tucker and Gary Graham Cases, 15 Southern California Review of Law and Social Justice 267-298 (2006).
- Ryan Sager, The Elephant in the Room: Evangelicals, Libertarians, and the Battle to Control the Republican Party, Wiley (August 25, 2006).
Sunday, September 10, 2006
Religion and Candidates For Texas Governor
Malaysia Human Rights Official Suggests New Religious Affairs Ministry
FLDS Leader Seeks Return Of Seized Records
Establishment Clause Claim Against Veteran's Affairs Department Survives
This Week's Prisoner Free Exercise Cases
In Mark v. Gustafson, 2006 U.S. Dist. LEXIS 62376 (WD WI, Aug. 30, 2006), a Wisconsin federal district court rejected First Amendment and RLUIPA claims by a Wiccan prisoner whose "magic seals" were removed from his prison cell walls and door by prison officials.
In Shaka Zulu Acoolia v. Angelone, 2006 U.S. Dist. LEXIS 62574 (WD VA, Sept. 1, 2006), a Virginia federal district court rejected First Amendment and RLUIPA claims by a Rastafarian prisoner who was refused a strict vegan diet and instead served the prison's vegetarian Alternative Entree Menu that includes eggs, milk and sweets.
In Jackson v. Department of Correction, 2006 Mass. Super. LEXIS 389 (Middlesex County, Aug. 25, 2006) a Massachusetts Superior Court judge found that the state's Department of Corrections violated RLUIPA by failing to provide an Imam to perform jum'ah services at MCI-Shirley every Friday, and by having female correctional officers in non-emergency situations pat-frisk male Muslim inmates (including touching of the inmate's genital or anal areas). These practices were also found to violate a Massachusetts statute that requires equal treatment of prisoners who are not being disciplined. (See prior related posting.)
In Kaufman v. McCaughtry, (7th Cir., Sept. 7, 2006), the U.S. 7th Circuit Court of Appeals affirmed a trial court's holding that prison officials who denied atheists the right to form a study grope were entitled to qualified immunity because prior precedents were not clear on whether atheism was to be treated as a religion.
Saudi Religious Police Ban Sale of Dogs and Cats
Saturday, September 09, 2006
Mandatory Boy Scout Membership Presentation Is Not Discriminatory
Challenge To IL Requirement On Dispensing of Contraceptives Moves Ahead
In Menges v. Blagojevich, 2006 U.S. Dist. LEXIS 63671 (CD IL, Sept. 6, 2006), the court held that plaintiffs alleged sufficient facts to possibly show that Illinois' rule is not a neutral rule of general applicability. The court held that the case should move to trial. Plaintiffs claim that the Illinois rule was targeted at pharmacists to force them to either surrender their religious beliefs or else leave the practice of pharmacy, and thus the rule is subject to strict scrutiny review by the court. The court held that plaintiffs’ pleadings also adequately raise the issue of whether the Illinois rule was inconsistent with Title VII of the federal 1964 Civil Rights Act. The court however dismissed Walgreens request for a declaratory judgment that its prior pharmacist referral policy complies with Title VII and the Illinois pharmacy rules.
The Associated Press yesterday discussed the decision, as did Blog from the Capital.
Pro-Life Minister's Suit To Protect Protest Rights Moves Forward
Hindu Temple In India Wants Its Own Township
Cobb County Invocations OK; But Not Planning Comm'n. Choice Of Clergy
However in a parallel challenge to the invocation policy of the Cobb County Planning Commission, the court found that its policies in 2003-04 for selecting individuals to deliver invocations did violate the Establishment Clause. "[C]ertain faiths were categorically excluded from the list of prospective speakers based on the content of their faith."
Today’s Atlanta Journal Constitution discusses the decision.
UPDATE: The opinion is now available on LEXIS at 2006 U.S. Dist. LEXIS 64294 (ND GA, Sept. 8, 2006),
California Mayor Sees Christian-Shiite Spiritual War
Murray says he distinguishes between "mainstream" practitioners of Islam, and Shiites. He says, "Since the Crusades, there's been a spiritual battle for the hearts and minds of people. I think it's a historical reality, and the rubber's meeting the road again. Either the Judeo-Christian philosophy will survive or the Islamic philosophy will survive." Mayor Murray says the noontime event was not about government sponsorship of religion; rather it was about free speech by individual officials. Murray’s remarks apparently included allegations that Shiites believe that it is acceptable to lie, cheat, steal and kill, as long as it ultimately glorifies Allah. He added: "Folks, they're not like us. They're not like us at all, and for them, their war has been going on for 1,200 years."
UPDATE: Sacramento-area Muslims are asking for an apology from Mayor Murray. (Associated Press, Sept. 11).
Friday, September 08, 2006
2005 Bankruptcy Law Makes Charitable Giving Difficult For Debtors
Evangelicals And American Foreign Policy
The full article is definitely worth reading.The three contemporary streams of American Protestantism (fundamentalist, liberal, and evangelical) lead to very different ideas about what the country's role in the world should be. In this context, the most important differences have to do with the degree to which each promotes optimism about the possibilities for a stable, peaceful, and enlightened international order and the importance each places on the difference between believers and nonbelievers. In a nutshell, fundamentalists are deeply pessimistic about the prospects for world order and see an unbridgeable divide between believers and nonbelievers. Liberals are optimistic about the prospects for world order and see little difference between Christians and nonbelievers. And evangelicals stand somewhere in between these extremes....
Evangelicals are likely to focus more on U.S. exceptionalism than liberals would like, and they are likely to care more about the morality of U.S. foreign policy than most realists prefer. But evangelical power is here to stay for the foreseeable future, and those concerned about U.S. foreign policy would do well to reach out. As more evangelical leaders acquire firsthand experience in foreign policy, they are likely to provide something now sadly lacking in the world of U.S. foreign policy: a trusted group of experts, well versed in the nuances and dilemmas of the international situation, who are able to persuade large numbers of Americans to support the complex and counterintuitive policies that are sometimes necessary in this wicked and frustrating -- or, dare one say it, fallen -- world.
7th Circuit Hears Arguments In Indiana Legislative Prayer Case
House Committee Approves Public Expression of Religion Act
UPDATE: The vote in the House Judiciary Committee to approve the bill was 7-5, along party lines, with Republicans in favor and Democrats against. (Associated Baptist Press.)
Secular Coalition Rates Congress Members' Voting Records
Storefront Churches and Decaying Downtowns A Municipal Worry
Thursday, September 07, 2006
Cayman Officials Kept In Dark By UK Over Human Rights Convention Applicability
Elementary School Enjoined In Gideon Bible Distribution
The suit was originally filed to challenge the school board's decision to permit the Gideons to distribute Bibles in the classroom to fifth graders. While the litigation was pending, the school board adopted a new policy that permitted distribution of any kind of literature, including Bibles, to students in any grade, on 48 hours notice, with distribution being limited to the hallway in front of the administrative offices and the cafeteria area during limited time periods.
National Days Of Prayer For 9/11 Anniversary Proclaimed
The Proclamation concludes with this request: "I ask that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils. I also invite the people of the world to share in these Days of Prayer and Remembrance."
2nd Circuit Holds Evangelicals Not "Vulnerable Victims" In Fraud Case
The trial court used that finding to enhance the offense by two levels, as permitted by U.S.S.G. § 3A1.1(b). However, the Second Circuit held:
While we recognize that a fraud grounded in religious themes may pose an especially effective threat, ... membership in religious groups cannot, standing alone, make victims "vulnerable" for purposes of the enhancement, even where a fraud involves reliance on religious themes or imagery.... We have no reason to believe that evangelical Christians as a class are "unusually susceptible" to fraud.An Associated Press report yesterday gives additional background on the case.
Abortion Protesters Claim Arrests Violate Their Religious Freedom
3rd Circuit Backs Away From Its Narrow Interpretation of Title VII Ministerial Exception
Today's Inside Higher Education reports on the decision.
NY High Court Hears Arguments On Requiring Insurance Coverage For Contraceptives
Wednesday, September 06, 2006
Bush's Speech On the War On Terror-- Has He Avoided A "Religious War"?
The terrorists who attacked us on September the 11th, 2001 ... kill in the name of a clear and focused ideology.... [They] ... are violent Sunni extremists... driven by a radical and perverted vision of Islam that rejects tolerance.... They hope to establish a violent political utopia across the Middle East, which they call a "Caliphate" -- where all would be ruled according to their hateful ideology....
This caliphate would be a totalitarian Islamic empire encompassing all current and former Muslim lands, stretching from Europe to North Africa, the Middle East, and Southeast Asia.... We know what this radical empire would look like.... Under the rule of the Taliban and al Qaeda, Afghanistan was a totalitarian nightmare -- a land where women were imprisoned in their homes, men were beaten for missing prayer meetings, girls could not go to school, and children were forbidden the smallest pleasures.... Religious police roamed the streets, beating and detaining civilians for perceived offenses. Women were publicly whipped. Summary executions were held in Kabul's soccer stadium in front of cheering mobs....
The goal of these Sunni extremists is to remake the entire Muslim world in their radical image. In pursuit of their imperial aims, these extremists say there can be no compromise or dialogue with those they call "infidels" -- a category that includes America, the world's free nations, Jews, and all Muslims who reject their extreme vision of Islam....
[W]e also face the threat posed by Shia extremists... This Shia strain of Islamic radicalism is just as dangerous, and just as hostile to America, and just as determined to establish its brand of hegemony across the broader Middle East.... In 1979, they took control of ... the nation of Iran, subjugating its proud people to a regime of tyranny, and using that nation's resources to fund the spread of terror and pursue their radical agenda.
Two Interesting New Online Sites Created
I am tired of politicians, partisans, and preachers spelling God "G-O-P." But make no mistake — regardless of how wrong they are or how false their doctrine is, they have been frighteningly effective. Now many Americans think Jesus never rode a donkey and today rides only an elephant. The truth is, God cannot be held hostage by any political party. And American Christians should not be either.
The AP yesterday reported on the Democrats' new online initiative. [Thanks to Mainstream Baptist for the lead.]
The second entry into cyberspace is a new blog from the Alliance Defense Fund (news release), called ConstitutionallyCorrect.com. The blog has been created to focus on issues of concern to ADF, such as religious freedom in order to be able to spread the Gospel, the sanctity of human life and traditional family values. (See ADF's website.)Both sites have been added to Religion Clause's sidebar.