Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, September 21, 2006
Michigan Gubernatorial Candidate Favors Teaching Intelligent Design
Secretary General Warns of Possible Global Religious Warfare
[A]t the very time when international migration has brought millions of people of different creed or culture to live as fellow-citizens, the misconceptions and stereotypes underlying the idea of a "clash of civilizations" have come to be more and more widely shared; and insensitivity towards other people's beliefs or sacred symbols -- intentional or otherwise -- is seized upon by those who seem eager to foment a new war of religion, this time on a global scale.DPA reported Tuesday on this aspect of Annan's remarks.
Indonesia Court Dismisses Blasphemy Case From Muhammad Cartoons
School Appeals Gideon Bible Distribution Ban
Wednesday, September 20, 2006
College Can Require Instructors To Avoid Irrelevant Religious Discussion In Class
The court concluded that: " the college had an interest in ensuring that its instructors stay on message while they were supervising the beauty clinic, just as it had an interest in ensuring that the instructors do the same while in the classroom.... [W]e see no reason why a college or university cannot direct its instructors to keep personal discussions about sexual orientation or religion out of a cosmetology class or clinic." [Thanks to How Appealing for the lead.]
Chicago's Jewish Aldermen Urged On Religious Grounds To Keep Foie Gras Ban
Lawyers Say Shared-Use By YMCA, School, Not A Church-State Problem
Congress Will Award Medal To Dalai Lama
Texas State School Board Limited In Reviewing Textbook Content
Conditions Of Parole At Faith-Based Shelter Challenged
Election Day Sukkot Holiday Poses Problem In Belgium
New EEOC Commissioner Named
Tuesday, September 19, 2006
Church Involvement In Political Campaigns Decried
Meanwhile, Americans United For Separation of Church and State announced a national campaign to alert churches to the requirements of the federal tax law that prohibit them from taking sides in partisan political campaigns. The letter was sent to 117,000 churches in eleven states, in reaction to efforts by those on the religious right to mobilize churches on behalf of conservative Republican candidates. In a news conference yesterday, AU executive director, Rev. Barry W. Lynn, particularly criticized the political efforts of Dr. James Dobson's organization, Focus on the Family.
Virginia Senator Reacts Angrily To Suggestion Of Jewish Roots
Allen recoiled as if he had been struck. His supporters in the audience booed and hissed. "To be getting into what religion my mother is, I don't think is relevant," Allen said, furiously. "Why is that relevant -- my religion, Jim's religion or the religious beliefs of anyone out there?"Allen also lectured the reporter about the importance of "not making aspersions about people because of their religious beliefs." In the past, Allen has denied that his mother was Jewish, but has said that his grandfather was incarcerated by the Nazis in World War II.
UPDATE: The New York Times reports that on Tuesday, Sen. Allen issued a statement confirming his Jewish ancestry, saying "I embrace and take great pride in every aspect of my diverse heritage..."
Judge Reprimanded For Ordering Probationer To Church
Suit To Challenge Arizona Tax Credit For Tuition Grant Contributions
India's Supreme Court Stays Ban On Haj Subsidy
Supreme Court To Screen Cert Petitions Next Week
Monday, September 18, 2006
DA Under Investigation For Legal and Spiritual Advice To Prisoner
California Church May Resist IRS Summons
The Church has issued a Release regarding the summons and another one that ordered the church's rector, Rev. Ed Bacon, to appear before the IRS in October. In a sermon yesterday to an overflow congregation, Bacon said: "Our faith mandates that always stopping short of endorsing or opposing political candidates, the church can neither be silent nor indifferent when there are public policies causing detriment to the least of these." Bacon said that he would consult with attorneys, but that he felt most congregants wanted to resist the summons. (See prior posting.) [Thanks to Steven H. Sholk for the lead.]
Orthodox Jews Gain Majority On Long Island School Board
New Study on American Piety
Recent Prisoner Free Exercise Cases
In Scott v. Beard, 2006 U.S. Dist. LEXIS 65673 (MD PA, Sept. 14, 2006), a Pennsylvania federal district court held that defendants had qualified immunity in a prisoner's claim for damages growing out of a denial of his request on religious grounds for an exemption from prison requirements about hair length. The prisoner was a member of the Assemblies of Yahweh and had taken a Nazarite vow. The court found that the prisoner's RLUIPA claim for an injunction was moot because he had now been released from prison and the prison system had adopted revised policies making it easier to obtain an exemption from grooming rules.
In Northrop v. Summersett, 2006 U.S. Dist. LEXIS 65136 (ND CA, Aug. 30, 2006), a California federal district court dismissed on res judicata grounds a prisoner's claim that the removal of pork from menus in some California prisons violates the Establishment Clause, as well as his rights under the Free Exercise clause, RLUIPA, the equal protection clause and the California Constitution.
In Price v. Caruso, 2006 U.S. Dist. LEXIS 64322 (ED MI, Sept. 8, 2006), a Michigan federal district court refused to grant summary judgment to defendants in a prisoner's suit claiming that policies prohibiting travel between prison complexes interferred with Jewish prisoners' being able to adequately have Sabbath services and a Passover Seder.
In Smith v. Crose, 2006 U.S. Dist. LEXIS 64250 (D NJ, Sept. 7, 2006), a New Jersey federal district court permitted an inmate to move ahead with a claim that his free exercise rights were violated when he was prevented from attending Ju'ma services because he had an injured ankle. A number of plaintiff's other claims were dismissed.
In Skenandore v. Endicott, 2006 U.S. Dist. LEXIS 64175 (ED WI, Sept. 6, 2006), a Wisconsin federal district court rejected a RLUIPA challenge by an inmate who is a member of the Oneida Indian tribe to Wisconsin policies on the practice of religion in correctional institutions. Plaintiff complained that he was not permitted to possess a prayer pipe, smoke tobacco or smudge herbs; that he was prevented from forming a Native American Cultural Activity Group; that he was not given time com complete sweat lodge ceremonies; that he is being denied religious feasts and ceremonial foods; that he may not possess traditional regalia; and that non-Native American inmates are allowed to participate in Native American religious activities.
In Dixon v. Wodruff-Fibley, 2006 U.S. Dist. LEXIS 65911 (SD IN, Sept. 14, 2006), the court rejected a First Amendment claim by an inmate who was refused permission to pray outside of his cell. He claimed that his prayers are considered invalid if offered in the midst of pictures or drawings of living objects, such as his cellmate has in his cell.
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.