Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, July 26, 2006
Newdow Appeals "In God We Trust" Loss To 9th Circuit
House Bill Proposes Prison Goods and Services For Non-Profits, Including Churches
The legislation would authorize the Attorney General to establish a new FPI [Federal Prison Industries] program in federal prisons that, subject to appropriation of the necessary amounts, would produce goods to be donated to nonprofit organizations instead of being offered for purchase to the federal government. In addition, FPI would be authorized to contract with nonprofit organizations and certain public entities for the use of inmate labor to provide charitable services. The bill would authorize the appropriation of $12 million for fiscal year 2008 and $48 million over the 2008-2011 period for these programs.Section 10 of the bill permits programs to be created to furnish prison-made goods to non-profit or religious organizations that "provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market." Eligible organizations can suggest programs to FPI.
Section 10 more generally permits any religious (or other non-profit) organization that qualifies under Sections 501(c)(3) or 501(d) of the Internal Revenue Code to contract with the Inmate Work Training Administrator to employ inmates at below minimum wage rates. While there are various restrictions insuring that inmates will only provide non-profit services, and that inmates will not be discriminated against on the basis of religion (or on the basis of race, sex, national origin, disability or political belief), nothing in the bill appears to preclude using inmates to perform services that have religious content.
The bill has been approved by the House Judiciary Committee and will move to the full House for a vote.
Cert. Filed In Maine School Voucher Case
Required DNA Sample Does Not Violate Free Exercise Clause
White House Faith-Based Conference In Austin
Liberia Reassures Muslims On Wearing Of Veil
More New Prisoner Cases
In Williams v. Bitner, (3d Cir., July 25, 2006), the Third Circuit Court of Appeals held that prison officials did not have qualified immunity in a claim for damages by a Muslim inmate who alleged that his First Amendment free exercise rights had been violated. Pennsylvania prison authorities had assigned Henry Williams to work as a cook in the prison kitchen. He was disciplined after he refused, on religious grounds, to help prepare a meal that contained pork.
In Scott v. Mecklenburg Correctional Center, 2006 U.S. Dist. LEXIS 49905 (WD Va., July 21, 2006), a Virginia state inmate challenged the prison's refusal to approve his participation in a Bible correspondence course in which he had previously enrolled. He also complained that he was not permitted to take his Bible into the recreation yard. A federal district court found that prison officials had a legitimate interest in restricting transient inmates' participation in long term correspondence courses. They also did not discriminate against plaintiff because no materials, secular or religious, are permitted in the recreation yard.
Native American Religious Concerns Cost Washington State $58M
Washington's Peninsula Daily News yesterday reported that a letter to the auditor investigating the closing down of the project from Allyson Brooks, head of the state Department of Archaeology & Historic Preservation, revealed the true motivation of state officials. She wrote: "the underlying issue . . . is how we incorporate cultural values and religious beliefs into our decision-making processes in a manner that is fair, sensitive, constitutional and still results in a complete project.''
Over 350 bodies of tribal members were reburied after construction began, but the Klallam tribe wanted the remains returned to the Tse-whit-zen site. They believe their ancestors are angry that their remains were removed. Tribal members put red ochre below their eyes when they visit the site to ward off ancestors' anger, and they ceremonially wash with water containing snowberries when they leave so they will not take their ancestor's anger home.
Tuesday, July 25, 2006
High School Coach Wins Right To Join His Team's Prayers
Promoters Of Baptist Affinity Fraud Convicted
Loud Speakers On Bulgarian Mosque Challenged
Jerusalem Gay Pride Parade Cancelled Because Of Security Concerns
9th Circuit Issues New Opinions Denying Asylum To Chinese Christian
Monday, July 24, 2006
Italian Case Challenging Existence of Jesus Reportedly To Be Heard By European Court of Human Rights
Public Schools Try To Accommodate Various Religious Holidays
Asatru In Prisons Poses Concerns
New Yorker Article Features Role Of Christian Right In Ohio's '06 Elections
Recent Law Review Articles
Babek Rod Khadem,The Doctrine of Separation in Classical Islamic Jurisprudence, 4 UCLA Journal of Islamic & Near Eastern Law 95-142 (2004-2005).
Jed Kroncke, Jed, Substantive Irrationalities and Irrational Substantivities: The Flexible Orientalism of Islamic Law, 4 UCLA Journal of Islamic & Near Eastern Law 41-73 (2004-2005).
Caleb E. Mason, Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law, 44 Duquesne University Law Review 225-273 (2006).
Symposium: Law and Religion, 8 University of Pennsylvania Journal of Constitutional Law 335-513 (2006):
- Howard Lesnick, The Consciousness of Religion and the Consciousness of Law, With Some Implications for Dialogue;
- Imad-ad-Dean Adman, American and Muslim Perspectives on Freedom of Religion;
- Marie A. Failinger, Against Idols: The Court As a Symbol-Making or Rhetorical Institution;
- Stephen M. Feldman, The Theory and Politics of First Amendment Protections: Why Does the Supreme Court Favor Free Expression Over Religious Freedom?
- Kent Greenawalt, Common Sense About Original and Subsequent Understanding of the Religion Clauses.
Sunday, July 23, 2006
Civil Rights Division Hiring Has Been Changing
The Globe found that the law schools from which new hires graduated has also changed. More Southern and Midwestern law schools are now represented. Previously new hires tended to be from "elite" eastern law schools. The average US News & World Report ranking for the law school attended by successful applicants hired in 2001 and 2002 was 34, while the average law school rank dropped to 44 for those hired after 2003.
Defenders of the new policy say first that it tends to balance the liberal bias of former hires. Second, they say that while many hires now do not have a background with civil rights organizations, they often clerked for federal judges where they obtained substantial constitutional law experience.
Indonesian Editor To Face Trial On Muhammad Cartoons
Washington Pharmacy Board Rethinking Proposed Rule
Officials' Motives Found Relevant To RLUIPA Claim
Arizona City Debates New Church Zoning Rules
Saturday, July 22, 2006
Funeral Protesters Challenge Missouri Ban
Rastafarian Prison Employee's Religion Claims Move Ahead
NJ Homeowner Seeks Religious Tenants-- May Violate Law
Fabrics, who says that his home contains two religious statues that weep holy tears, says that if after he makes his feelings clear, someone who does not believe in God insists on moving in, he will let them do so.
Opinion In Hollywood, FL. Synagogue Case Finding Zoning Regs Vague
The court ordered that Hollywood Community Synagogue be granted the special exception that it formerly had, conditioned only on certain specific conditions regarding soundproofing and trash. It ordered that the city promptly enact a new Special Exception ordinance for places of worship with narrow, objective and definite standards to guide city officials. Finally it ordered that the issue of damages be placed before a jury.
This Week's Prisoner Free Exercise Decisions
In Buchanan v. Burbury, 2006 U.S. Dist. LEXIS 48244 (ND Ohio, July 17, 2006), an Ohio federal district court granted a preliminary injunction in a RLUIPA case brought by an inmate who was an adherent of the Yahweh's New Covenant Assembly, a Sacred Name Sabbatarian faith group. The court ordered that plaintiff be provided with a kosher diet, he be excused from work on the Sabbath and his religion’s seven holy days, and that the group be given the opportunity to worship under the same requirements as other groups, which might require that it be removed from the prison’s Protestant catchment and placed into its own separate catchment.
Survey Of Religious Freedom In Africa
Friday, July 21, 2006
Hate Crimes Still In The News
Vodou Practitioner Gets Light Sentence
New Scholarly Articles Posted Online
Kathleen A. Brady, Religious Group Autonomy: Further Reflections About What Is At Stake (July 1, 2006).
From SSRN:
Richard W. Garnett IV, The Freedom of the Church , forthcoming in Journal of Catholic Social Thought, Vol. 4 (2007) .
Joel A. Nichols, Dual Lenses: Using Theology and Human Rights to Evaluate China's 2005 Regulations on Religion, forthcoming in Pepperdine Law Review, Vol 34 (2006). [Thanks to Legal Theory blog.]
Apparent New Mexican President May Bring Changes In Church-State Policy
Some Kosher Food Laws Problematic For Conservative Rabbis
Preliminary Injunction Denied In City Incentives For Baptist Convention
The city agreed to discount the price of its arena by $ 195,000, provide up to $100,000 for transportation costs, and provide $5,000 to feed hungry people in Baltimore at a pre-convention event involving representatives of the national convention. The court previously ordered that participants in the Feed the Hungry Event could not engage in religious solicitation or distribute religious materials as part of that city-funded event. With that safeguard in place, the court held that the incentives granted by Baltimore did not violate the Establishment Clause.
Interview With China's Religious Affairs Head
Thursday, July 20, 2006
Afghanistan To Re-Establish "Vice and Virtue" Department
Property Dispute Between New York Episcopal Parish and Diocese
Cert. Filed In California Sea Scouts Case
Article On Court-Stripping Legislation
Atheists Demand Apology For Army General's Remarks
Attorney Protests IRS Church Audit Procedures
Saudis Granted Waiver On Sanctions-- Progress On Religious Freedom Cited
These include policies designed to halt the dissemination of intolerant literature and extremist ideology, both within Saudi Arabia and around the world, to protect the right to private worship, and to curb harassment of religious practice. For example, the Saudi Government is conducting a comprehensive revision of textbooks and educational curricula to weed out disparaging remarks toward religious groups, a process that will be completed in one to two years. The Saudi Government is also retraining teachers and the religious police to ensure that the rights of Muslims and non-Muslims are protected and to promote tolerance and combat extremism. The Saudi Government has also created a Human Rights Commission to address the full range of human rights complaints.
First Amendment Does Not Require Accommodation Of Job Applicant's Beliefs
Wednesday, July 19, 2006
New Jersey Chief Justice Nixes Fugitive Safe Surrender Program
In Cleveland, fugitives were greeted by volunteers who handed out water and pretzels, while sheriff's deputies ran their names through computerized databases. Then they met with a judge and a public defender in the church's library, and generally released on bond. The New Jersey Supreme Court, however, is concerned about court procedures taking place in a religious facility. It is also concerned that it would appear that the court was working on behalf of the prosecutor and was not neutral. The court offered to have a judge available at the courthouse to process the fugitives, but U.S. Marshall James Plousis said that is inconsistent with the underlying concept of the program.
GAO Report Reviews Faith-Based Initiative
Titled Faith-Based and Community Initiative: Improvements in Monitoring Grantees and Measuring Performance Could Enhance Accountability, the full report has just been posted on the GAO's website. Here is part of the Report Abstract:
Since 2001, federal agencies have awarded over $500 million through new grant programs to provide training and technical assistance to faith-based and community organizations and to increase the participation of these organizations in providing federally funded social services.... Most of the agencies provided grantees with an explicit statement on the safeguard prohibiting the use of direct federal funds for inherently religious activities. If these activities are offered, they must be offered separately in time or location from services provided with direct federal funds and must be voluntary for the beneficiary. However, we found that Justice's regulation and guidance related to these activities is unclear for its correctional programs. We also found that only four programs provided a statement on the rights of program beneficiaries and only three provided information on permissible hiring by FBOs.
While officials in all 26 FBOs [Faith Based Organizations] that we visited said that they understood that federal funds cannot be used for inherently religious activities, a few FBOs described activities that appeared to violate this safeguard. Four of the 13 FBOs that provided voluntary religious activities did not separate in time or location some religious activities from federally funded program services....
[I]t is unclear whether the data reported on grants awarded to FBOs provide policymakers with a sound basis to assess the progress of agencies in meeting the initiative's long-term goal of greater participation of faith-based and community organizations. Moreover, little information is available to assess progress toward another long-term goal of improving participant outcomes because outcome-based evaluations for many pilot programs have not begun.
Americans United Criticizes Upcoming House Vote On 2 Bills
UPDATE: On Wednesday afternoon, the House of Representatives passed the Pledge Protection Act by a vote of 260-167. Here is the roll call vote. It now goes to the Senate where the Associated Press reports that its fate is uncertain. On Wednesday afternoon, the House also passed the bill authorizing the federal government to take title to the Soledad Veterans Memorial. The roll call vote was 349 yes; 74 no; 3 present. (10news.com report.)
Church Homeless Shelter Housing Code Trial Will Begin In Florida
Tuesday, July 18, 2006
Recent Prisoner Decisions On Claims By Muslim and Atheist
In Kaufman v. Frank, 2006 U.S. Dist. LEXIS 47840 (WD Wis., July 13, 2006), a state prison inmate who was an atheist claimed that his rights under the First Amendment and RLUIPA were violated by: (1) references to God in the Wisconsin Constitution; (2) a state statute granting inmates access to Bibles; (3) prohibitions on sex offenders changing their names; (4) the prison's refusal to allow him to possess a silver circle emblem representing Atheist beliefs; (5) its refusal to authorize study groups for atheist and agnostic inmates; and (6) its refusal to make donated atheist literature available in the prison library. The court permitted plaintiff to proceed only as to claims that the Establishment Clause was violated by the prison's making Christian literature, but not literature about atheism available, and its excluding free non-religious items and publications while permitting other inmates to receive free religious items and publications.
Retired Professor Wants Anti-Evolution Issue On Oshkosh Wisconsin Ballot
Evangelist Argues Lack of Jurisdiction After Indictment For Tax Fraud
Hovind is accused of paying employees of his Creation Science Ministry in cash and calling them missionaries to avoid withholding payroll and FICA taxes. His wife is also charged. For years Hovind has claimed that he is employed by God and has no income or property because everything he owns belongs to God. Hovind believes that man and dinosaurs inhabited the earth at the same time and has offered a $250,000 reward to anyone who can furnish satisfactory proof of evolution.
Muslim Group Claims Zoning Discrimination
Arkansas Supreme Court Dismisses Claims Against Parochial School As Involving Religious Doctrine
Monday, July 17, 2006
Religious Objections Impede Prosecution Of US Soldiers In Iraq Murder Case
Colorado City Will Limit Display To Christmas Trees
Suits Against Las Cruces For Using Crosses In City Logo Pending
Sunday, July 16, 2006
Minister In Congress Opposes Amendment To Ban Gay Marriage
US Senate Urges Russia To Protect Unregistered Religious Groups
Church Files RLUIPA Challenge In Southfield Michigan
Recent Law Review Articles Of Interest
Susan J. Becker, Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead To the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States, 14 American University Journal of Gender Social Policy & the Law 177-252 (2006).
David S. Caudill, Arthur M. Goldberg Family Chair Lecture: Augustine and Calvin: Post-Modernism and Pluralism, 51 Villanova Law Review 299-309 (2006).
Jennifer L. Monk & Robert H. Tyler, The Application of Prior Restraint: An Alternative Doctrine for Religious Land Use Cases, 37 University of Toledo Law Review 747-779 (2006).
Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuallity, and the Paradox of Community and Autonomy.,14 American University Journal of Gender Social Policy & the Law 313-383 (2006).
Saturday, July 15, 2006
Routine Judicial Mix-Up Gets Attention Because Of Religious Content
Conscientious Objection By Medical Providers Creates Victims
Brother of FLDS Leader Gets Lenient Sentence
Mosque Zoning Decision Unleashes Anti-Islamic Feelings
At the June commission meeting, Dozier called Muslims "dangerous," said they were "terrorists." Another black minister warned they would "try to convert young black men." The protest continued at last Tuesday’s commission meeting. Dozier, a former NFL player with a law degree who has been prominent in Republican politics in Florida arrived at City Hall with a "church security force" to protect him from "terrorists." Speaking at the meeting, he said "People in the neighborhood feel less safe knowing Muslims are invading."
Dozier is supported by two other black ministers and four local Jewish supporters, led by Joe Kaufman, founder of "Citizens Against Hate" and the "Republican Jewish Coalition of South Florida." However the Muslim group’s zoning request is backed by Willie Larson, head of Broward County’s NAACP chapter; Andrew Louis, head of the county’s Democratic Black Caucus; and a number of elderly Jewish residents of the Holiday Springs Condominiums who were aided by members of another local mosque after Hurricane Wilma hit last year.
Meanwhile last Monday Florida Governor Jeb Bush, upset with Dozier’s statements, asked him to resign from the judicial nominating committee to which Bush had previously appointed him. Dozier did so, saying “I’m saddened but I’m not giving up the fight.” (See prior posting on Rev. Dozier.)
Friday, July 14, 2006
Kyrzyg Officials Criticized For Welcome To Unification Church
Evolution Is Issue In August Kansas Primaries
Senate Resolution Marks Upcoming 50th Anniversary of National Motto
Resolved by the Senate (the House of Representatives concurring), That Congress— (1) commemorates the 50th anniversary of the national motto of the United States, ‘"In God We Trust";
(2) celebrates the national motto as— (A) a fundamental aspect of the national life of the citizens of the United States; and (B) a phrase that is central to the hopes and vision of the Founding Fathers for the perpetuity of the United States;
(3) reaffirms today that the substance of the national motto is no less vital to the future success of the Nation; and
(4) encourages the citizens of the United States to reflect on— (A) the national motto of the United States; and (B) the integral part that the national motto of the United States has played in the life of the Nation, before and after its official adoption.
Clergy Resign From Katrina Fund In Protest
Yesterday the Washington Post reported that the co-chairs of the advisory committee-- Bishop T.D. Jakes and the Rev. William H. Gray III-- have resigned. A third committee member, Rev. William J. Shaw, resigned last week end. Some reports say that 8 of the 9 advisory committee members have submitted resignations. The advisory committee says that the staff of the Fund is ignoring their recommendations. Gray said that the board and staff would concur with the committee's recommendations in meetings, but then would act in the opposite way. Jakes and Shaw resigned when the staff refused to explain why, without committee knowledge, they sent $35,000 to a church that had not been inspected to determine its need.
Recent Books Of Interest On Religion and Politics
Patrick M. Garry, Wrestling With God: The Court's Tortuous Treatment of Religion ,(Catholic University of America Press, May 2006).
Jonathan Bartley, Faith And Politics After Christendom: The Church As A Movement for Anarchy, (Paternoster Press, Sept. 2006).
Dan Wakefield, The Hijacking of Jesus: How the Religious Right Distorts Christianity and Promotes Prejudice and Hate, (Nation Books, March 2006).
Robin Meyers, Why the Christian Right Is Wrong: A Minister's Manifesto for Taking Back Your Faith, Your Flag, Your Future, (John Wiley & Sons, May 2006).
Shmuel Bar, Warrant for Terror : The Fatwas of Radical Islam, and the Duty of Jihad , (Rowman & Littlefield Publishers, Inc. , April 2006).
Thursday, July 13, 2006
Sikh Transit Employee Protests Use Of His Photo
Seizure of Marijuana Does Not Violate Religious Freedom
Amish Farmer's Beliefs Not Infringed By Milk Regulations
Suit Seeks Identity of Bloggers Who Claimed Abuse by Rabbi
Tendler, who denies the charges against him, has been expelled from the Orthodox Rabbinical Council of America and was later sued for sexual harassment a former congregant. He is seeking to learn the identities of four bloggers who wrote about his case on: rabbinicintergrity.blogspot.com/, jewishsurvivors.blogspot.com/, jewishwhistleblower.blogspot.com/ and newhempsteadnews.blogspot.com. Tendler claims that defamatory materials about him have been posted. A report in today's Forward says that blogs and message boards are increasingly being used by Orthodox Jewish women to report allegations of sexual misconduct by rabbis.
Malaysia's School No-Turban Rule Upheld
Ohio Science Education Standards Again Challenged
Wednesday, July 12, 2006
Sikh Funeral Pyre In Britain May Have Violated Law
Ohio Now Requires School Display of Donated US or State Motto
NY Appellate Court Dismisses Satmar Case As Involving Doctrinal Dispute
A dissent by Judge Robert Spolzino argued that "the by-laws of the congregation here provide the neutral principles of law upon which the authority of the grand rebbe with regard to the corporate governance of the congregation can be determined."
This decision continues the current balance of power in the Satmar community, with the Williamsburg group led by Rabbi Zalmen and the Kiryas Joel faction led by Rabbi Aaron.
UPDATE: Here is the full opinion in In re Congregation Yetev Lev D'Satmar, Inc., v. Kahana, (App. Div., 2nd Dept., July 11, 2006). There was a companion decision in Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar, Inc., (App. Div., 2nd Dept., July 11, 2006), that challenged the transfer of a 50% interest in the Williamsburgh congregation's cemetery to the Kiryas Joel congregation. The court held: "The transfer ... is ... bound with this leadership dispute and it is clear that, at least in part, it was made to advance the interests of one of the competing Satmar factions and not to advance religious or charitable objects generally. Under these circumstances it cannot be said that the transfer was in the best interests of the Brooklyn Congregation and accordingly we decline to exercise our discretion to approve it, thereby restoring the status quo ante." Judge Spolzino concurred in the result. [Thanks to Steven H. Sholk for the lead.]
Court Upholds School Fees For Good News Club
Free use was permitted for school-related organizations, organizations offering joint programs with the school, and, in the original version of the policy, others where the school found a fee waiver to be in the school's best interest. After suit was filed against it, the District eliminated the waiver provisions, but grandfathered in free usage for groups that had been using school facilities in the past. The court found these to be valid classifications, and rejected CEF's free speech, free exercise, equal protection and establishment clause arguments.
In deciding the case, the court also dealt with standing, mootness and 11th Amendment arguments.
Tuesday, July 11, 2006
Ohio Charity Rule Amendments Will Impact Faith-Based Groups
An accompanying press release explains that "the rules are aimed at reducing the potential for problems such as excessive executive compensation and expense reimbursements by charities and hospitals, or conflicts of interest in business contracts let by governing boards... The proposal is also designed to foster best practices by charitable hospitals and other proprietary charitable organizations in billing, collection, and charity care, and to set standard guidelines in Ohio for reporting how charitable organizations benefit the community so the public can make meaningful comparisons of their charitable activities. [It requires] ... larger charitable organizations to either adopt a set of policies prescribed in the rules or publicly disclose their board-approved conflicts of interest, whether they have allowed insiders to approve their own compensation, all payments to board members by the charity, insider loans, and the like."
Rabbinic Court Challenges Israel's Supreme Court
Suit In Dominican Republic Challenges Concordat With Vatican
Ohio Governor's Race Focuses On Christian Voters
After the Blackwell campaign accused Strickland of having a record of voting against issues that are important to Christian conservatives, Strickland's campaign spokesman said that Strickland opposes using religion "to divide Ohioans against one another".
7th Circuit Orders Preliminary Injunction: SIU Must Recognize Christian Legal Society
The majority opinion said that CLS had demonstrated a likelihood that it would succeed on the merits. First, it is unclear that CLS in fact violated the language of the University's non-discrimination policies. The EEO policy applies to the university itself, and the majority doubted that this encompassed student organizations. Second, the majority held that it is likely that CLS will succeed in showing that its right of expressive association has been unconstitutionally infringed. SIU's only interest appears to be in suppressing particular ideas expressed in CLS's statement of faith. Finally, the majority said it was likely that CLS could show that the University's policy has violated its free expression rights because the policy has been applied in a discriminatory manner. It appears that other student organizations that exclude members based on religious belief or gender have not been denied recognition.
Judge Wood's dissent argued that the trial court had not abused its discretion in denying CLS a preliminary injunction. He disagreed with the majority's conclusions about CLS's likelihood of success on the merits, emphasizing the lack of evidence on crucial issues at this stage of the proceedings. He concluded: "If CLS wanted to forbid membership to all African-Americans, or to mixed-race wedded couples, or to persons of Arabic heritage, surely SIU would be entitled at a minimum to say that [it]... would have to sustain itself without any state support-- even if it could root such a membership policy in a religious text..... [T]he indirect impact of ... recognition of a student group maintaining such a policy is that SIU ... may be seen as tolerating such discrimination. Given that universities have a compelling interest in obtaining diverse student bodies, requiring a university to include exclusionary groups might undermine their ability to attain such diversity."
An AP story in the Washington Post discusses the decision. Jeremy Richey's Blawg has links to all the briefs that were filed in the case and to recordings of oral arguments. The 7th Circuit had previously granted CLS an injunction to reinstate it as a recognized group while the appeal was being argued. [Thanks to Ted Olsen at Christianity Today, and to Rory Gray for leads.]