Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, November 11, 2006
Government Files Appeal In Bald Eagle Protection Act Case
Maryland Prisons Will Offer Kosher Food
Friday, November 10, 2006
Comedian Loses In Suit Against Jews For Jesus
Pedophile Priests Will Have Ohio Teacher Licenses Suspended
Rev. Moon Wins In German Constitutional Court
University of Wisconsin Sued By Catholic Group Over Recognition Requirements
Challenge To Las Cruces Logo Rejected By Court
communicates the secular message that the City's name means 'The Crosses' and links the City to its historic roots." So "a reasonable observer of the Symbol would understand that the crosses represent, symbolically, this uniquely named geopolitical subdivision, rather than an endorsement of Christianity." Today's Las Cruces Sun-News reports on the decision.
Turkey Passes Religious Foundations Law, Partially Meeting EU Concerns
First Muslim Member Elected To U.S. Congress
UPDATE: Alan Fine tells me by e-mail that Ellison had the endorsement of only one Jewish organization, the American Jewish World newspaper.
Canada's Supreme Court Denies Review of Religious Mitigation Defense
9th Circuit Enjoins Religious Services At City Financed Shelter
Thursday, November 09, 2006
Lansing's Faith Based Office Outlines Plans
Missouri State Settles Social Work Student's Lawsuit
Church Autonomy Doctrine Leads Florida Court To Dismiss Workers' Comp Claim
Religious Objection In Court and Out Over Israel's Gay Pride Event
Meanwhile, according to today's Haaretz, planning has been complicated by the high security alert in Jerusalem following Israel's shelling in Gaza that killed 19 Palestinians. Yesterday Israel's High Court of Justice held a hearing on a challenge to the proposed march. Arutz Sheva says that the court will hand down its decision today in the challenge that was filed by rabbis and polticians. One of the rabbis broke into tears during the hearing.
Also the Vatican has expressed opposition to the march. Its envoy to Israel said: "The Holy See has reiterated on many occasions that the right to freedom of expression... is subject to just limits, in particular when the exercise of this right would offend the religious sentiments of believers."
UPDATE: The Associated Press reports that on Thursday, gay pride leaders cancelled their planned parade.
First Amendment Defense In Trespass Case Fails
Wednesday, November 08, 2006
Christian In-Patient Rehab Program Loses Zoning Suit In Florida
7th Circuit Rejects Church's Land Use Claims
Opponents of Intelligent Design Prevail In Ohio School Board Races
The Cleveland Plain Dealer this morning reports that the four candidates were backed by Help Ohio Public Education (HOPE), a group created by scientists who were upset at the Board's attempts to introduce intelligent design into science classes. HOPE specifically recruited former Akron mayor Thomas Sawyer-- the successful District 7 cnadidate-- to run. Only in District 3 did a supporter of Intelligent Design in science classes win election to the state school board. At least that appears to be the position of winner Susan M. Haverkos.
Can British Lawyers Wear Niqab?
Virginians Pass Amendment To Permit Incorporation of Churches
Report Will Find Discrimination Against Muslims In India
Tuesday, November 07, 2006
Italy Proposes Ban On Niqab
Tennessee County School Board Approves New Bible Course
Many Will Vote Today In Church Buildings
Tennessee Teachers Lack Standing In Establishment Clause Case
Ten Commandments Monument Returns To Wyoming City
Texas Governor Discusses His Christian Beliefs
Later in the day Perry attempted to clarify his remarks, saying "I don't know that there's any human being that has the ability to interpret what God and his final decision-making is going to be." He added: "Before we get into Buddha and all the others, I get a little confused there. But the fact is that we live in a pluralistic world but our faith is real personal. And my Christian faith teaches that the way is through Jesus Christ." One of Governor Perry's election opponents, Kinky Friedman (who is Jewish), said that Perry's remark "hits pretty close to home".
Monday, November 06, 2006
NY Tax Benefits To Parochial School and Clergy Questioned
Malaysia Will Punish Pranksters Who Falsely Reported Conversion Ceremony
Churches Focused On Elections On Sunday
Christians Assert Rights In Several Cases In Britain
Newsweek Explores Evangelical Agenda and Impact On Public Policy
The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."
More Prisoner Free Exercise Decisions Become Available
In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.
In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.
The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).
In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.
In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.
In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.
Sunday, November 05, 2006
Utah Judge Opposes Baptism Of Child
Reconstructionist Rabbis Support NJ Gay Marriage Law
New Articles and Book On Law & Religion
Barak D. Richman, How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006).
From SSRN:
Jonathon W. Penney & Robert Jacob Danay, The Embarrassing Preamble? Understanding the Supremacy of God and the Charter, (University of British Columbia Law Review, Vol. 39, p. 287, 2006).
Marci A. Hamilton, The Religious Origins of Disestablishment Principles, (forthcoming Notre Dame Law Review).
Cyra Akila Choudhury, Terrorists & Muslims: The Construction, Performance and Regulation of Muslim Identities in the Post-9/11 United States, (Rutgers Journal of Law and Religion, Vol. 7, No. 3).
From Bepress:
Jennifer Smith, Morse Code, DaVinci Code, Tax Code and Churches, (Oct. 30, 2006).
Debra L. Lowman, A Call for Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, (Oct. 28, 2006).
The Summer 2006 issue of Journal of Church and State has recently been published.
New book:
H. Stephen Shoemaker, Being Christian in an Almost Chosen Nation (Abingdon Press, Oct. 2006),(reviewed by the Dallas News).
Saturday, November 04, 2006
Ted Haggard and the White House
At yesterday's White House press briefing, spokesman Tony Fratto fielded questions about Haggard's relationship to the White House:Haggard has advised the White House on issues ranging from judicial appointments to steel tariffs. But he also sought to widen the agenda of Christian evangelicals into areas the Bush administration - and many of his Christian brethren - would rather avoid.… Haggard has angered some religious conservatives for urging Christians to protect Muslims in the days after the Sept. 11 terrorist attacks.... Last summer, he joined an eclectic group of 27 religious leaders ... urging the government to "abolish torture now - without exception".… Haggard's recent efforts promoted through the NAE a "broad biblical agenda" that included improving health care, ending racism and addressing global warming.... through a free-market approach....
Q This Reverend Haggard out in Colorado, is he someone who is close to the White House? There had been reports that he was on the weekly call with evangelicals. Is that true?
MR. FRATTO: I'm actually told that that's not true, that he has -- in terms of a weekly call that he has? He had been on a couple of calls, but was not a weekly participant in those calls. I believe he's been to the White House one or two times. I don't want to confine it to a specific number because it would take a while to figure out how many times. But there have been a lot of people who come to the White House, and --
Q -- when was he at the White House?
MR. FRATTO: I couldn't tell you specifically. I know that there was a picture of him with the President in one of the TV reports, so obviously he met with the President at some point in time.
Look, this is a personal issue for someone. It's something that Reverend Haggard needs to deal with, with his family and his church. And I'm not sure that there's any comment beyond that that's necessary.
Q Would that make evangelicals dispirited and maybe sit out the election Tuesday?
MR. FRATTO: I doubt it. I doubt it.
Q Why?
MR. FRATTO: Well, because I think the community you're referring to understands where the Republican Party is on issues that are important to them, and someone's -- something that an individual did that affects them personally shouldn't affect their interest in advancing issues that they care about.
First Amendment Land Use Rights, Or Legal Loophole?
Guy Fawkes Day Festivities Still Controversial
Church-State In the 2006 Elections
Suit Challenges Rules Of Michigan State Employees Combined Campaign
Friday, November 03, 2006
Sexual Charges Against Evangelical Leader Have Political Implications
The Post speculates that the charges may have a negative impact on Republicans trying to rally their conservative Christian base to turn out for Tuesday's mid-term elections. Prof. William Martin of Rice University says. "This is one more factor that could increase the disillusionment of evangelicals with prominent leaders on the Christian right and with the political process as a whole, and some may conclude that perhaps their forebears were wise to be wary about politics."
Haggard today also stepped down as pastor of his 14,000-member New Life Church in Colorado Springs, Colorado. The Post says that Jones was impelled to come forward with his accusations at this time in part because in Colorado there are two issues on Tuesday's ballot relating to same-sex marriage. (Amendment 43 defining marriage as between one man and one woman, and Referendum I proposing a domestic partnership law.) Haggard has been an outspoken opponent of same-sex marriage. The May 2005 issue of Harpers carried a very long portrait of Haggard and his influence in an article titled Soldiers of Christ.
Bible Club Thrives In Elementary Schools
Indian Government Defends Islamic Courts
Transcript of Religion and Politics Discussion
Christian Student Has Partial Win In Suit Against North Carolina High School
New Jersey Mosque Wins Temporary Injunction
Thursday, November 02, 2006
Parliament Continues To Deal With Religion and School Issues
High Profile Chaplain Sues Navy
UPDATE: The Marine Corps Times reports that on Wednesday the court refused to grant Chaplain Klingenschmitt a temporary restraining order in his pending suit.
Romney Discusses Attitudes On Mormonism With Evangelical Leaders
Marine Father Scores Initial Victory In Suit Against Funeral Picketers
The court rejected several jurisdictional objections raised by Phelps and the other defendants. It held that Snyder adequately state a claim for defamation, intrusion on seclusion, publicity of private life, intentional infliction of emotional distress, and civil conspiracy. The court held that it did not have enough information before it at this stage of the proceedings to determine whether or not defendants' actions were constitutionally protected by the First Amendment's free exercise clause.
Turkish Archeologist Acquitted Of Insulting Islam
South Carolina School Superintendent Candidates Views On Intelligent Design
Survey of Muslim Voters Released
Wednesday, November 01, 2006
Mayor Says City's Promo For Christian Halloween Alternative Was Improper
India Candidate's Appeal To Catholic Voters Voids His Election Win
Suit Over Auto Sticker's Religious Design Settled
Suit Says Missouri University Violated Rights Of Social Work Student
The Springfield (MO) News Leader today reports that university officials are investigating the allegations made in the lawsuit. It issued a statement saying: "Missouri State University has been and is committed to protecting the rights of its students, as well as its faculty and staff, including free speech and expression, and freedom of religion."
Michigan Pastor's Political Endorsement Questioned
Tuesday, October 31, 2006
For Halloween: Salem Witch Presses For Civil Rights
Anti-Gay Church Files Open Records Request In Topeka
Queen Elizabeth Reaches Out To Catholic Church
RLUIPA Suit Over Rural Maryland Christian School Project
Vatican Envoy Addresses UN On Religious Freedom
Monday, October 30, 2006
British Band May Need License To Play Jingle Bells
Saudi Arabia Opens To Tourists-- With Religious Limitations
Australian Catholic Church Skeptical Over Government Funding For Chaplains
More October Prisoner Free Exercise Cases
Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.
In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.
In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.
Bush's Faith-Based Policies Criticized
Bush promised his evangelical followers faith-based social services, which he called "compassionate conservatism." He went beyond that to give them a faith-based war, faith-based law enforcement, faith-based education, faith-based medicine, and faith-based science. He could deliver on his promises because he stocked the agencies handling all these problems, in large degree, with born-again Christians of his own variety.Extending his critique to the Iraq war, Wills concludes:
There is a particular danger with a war that God commands. What if God should lose? That is unthinkable to the evangelicals. They cannot accept the idea of second-guessing God, and he was the one who led them into war.
Sunday, October 29, 2006
Animal Rights Demonstrators Lose Establishment Clause Claim
Archbishop of Cantebury On Regulation of Religious Symbols
Vandalism Follows Teachers' Request To End School Board Prayer
Recent Articles and Books of Interest
- Constance Frisby Fain & Herbert Fain, Sexual Abuse and the Church, 31 Thurgood Marshall Law Review 209-238 (2006).
- Jonathan Klick, Salvation As a Selective Incentive, 26 International Review of Law & Economics 15-32 (2006).
- A. G. Roeber, The Law, Religion, and State Making In the Early Modern World: Protestant Revolutions In the Works of Berman, Gorski, and Witte, 31 Law & Social Inquiry 199-227 (2006).
- 12th Annual International Law and Religion Symposium: Religion and the World's Legal Tradition. Articles [links to full text] by Rex J. Abdar, Louis-Leon Christians, Cornel W. du Toit, Carolyn Evans & Christopher A. Thomas, (Pakistan) Justice Tassaduq Hussain Jillani, Tahir Mahmood, Javier Martinez-Torron and Paul M. Taylor, 2006 Brigham Young University Law Review 619-836.
- George W. Dent, Jr., Civil Rights for Whom?: Gay Rights versus Religious Freedom, (Sept. 2006).
- Newt Gingrich, Rediscovering God in America, (Integrity Publishers, Oct. 2006).
- Andy Olree, The Choice Principle: The Biblical Case for Legal Toleration, (University Press of America, Aug. 2006).
- Michael L. Weinstein & Davin Seay, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military, (St. Martin's Press, Oct. 2006).
Australians React To Muslim Cleric's Offensive Sermon
Subsequently Hilali and his spokepersons have both tried to explain the remarks and have apologized for them, as leading Muslim women condemned the remarks. Australia's Sex Discrimination Commissioner, Pru Goward, said the comments could be an incitement to crime. (BBC News (Thursday).) In an effort to prevent further fallout, it was announced Friday that Hilali will not preach sermons for the next two to three months. (Baku Today (Friday).)
2 State Courts Assert Jurisdiction In Break-Away Church Land Disputes
In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.
In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.
Saturday, October 28, 2006
New Religious Freedom Moot Court Competition
Cert. Filed In 9th Circuit Anti-Gay T-Shirt Case
Justice Department Cancels Controversial Religious Prison Program
Clergy Get Employment Protection In Britain
Controversial Mozart Opera Will Be Performed
Suit Against Air Force Academy Dismissed Without Reaching Merits
In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.
Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.
Court Denies Enlisted Doctor Conscientious Objector Status
Amish Couple Challenge USCIS Photo Requirement
Friday, October 27, 2006
Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons
The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).