Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, September 28, 2006
EEOC Charges Private College With Religious Discrimination
Religious Clubs Thrive In South Florida Schools
FLDS Jeffs Charges Religious Persecution
German Officials, Muslim Leaders, Confer On Divisive Issues
Wednesday, September 27, 2006
State Employee's Religious Discrimination Claim Survives
Florida Church For Homeless Sues For Discrimination In Zoning
Illinois Church Election Under Court Supervision Upheld
Los Angeles Churches Have Made Political Contributions
German Opera Company Cancels Mozart Performance Fearing Religious Violence
Accommodation For Religious Group Is Problem For British Pension System
Justice Department Sues NY Village Under RLUIPA
Michigan Township's Zoning Violates RLUIPA
Tuesday, September 26, 2006
House Passes Ban on Attorneys' Fees In Establishment Clause Cases
Michigan School's Policy On Choir Music Stirs Debate
Spain Will Change Method Of Financing Catholic Church
Recent Prisoner Free Exercise Cases
In Roddy v. West Virginia, 2006 U.S. Dist. LEXIS 68106 (ND WV, Sept. 21, 2006), a federal district judge dismissed without prejudice claims by an inmate that his free exercise rights were infringed when certain Native American religious items were confiscated from him. The court found that the inmate had not exhausted his internal grievance procedures before filing suit.
In Lee v. Wenderlich, 2006 U.S. Dist. LEXIS 67731 (WD NY, Sept. 21, 2006), a New York federal district judge permitted an inmate to move ahead with his First Amendment challenge to a prison rule that resulted in his name being removed from the list of those attending Ramadan services because he had 3 unexcused absences in attending.
In Mize v. Lewis, 2006 U.S. Dist. LEXIS 68008 (ED TN, Sept. 21, 006), a Tennessee federal district court upheld prison rules that denied a prisoner Christian Identity literature that promotes racism, anti-Semitism, and white separatist views connected with security threat group activity.
In Ghani v. Caldwell, 2006 U.S. Dist. LEXIS 66475 (ED MI, Sept. 18, 2006), a Michigan federal district court dismissed a Buddhist prisoner's claims regarding his access to vegan meals. The court found that he was now receiving such meals and that at the time meals were first refused, the 6th Circuit had held that RLUIPA was unconstitutional and the U.S. Supreme Court decision to the contrary had not yet been rendered.
Army Temporarily Enjoined From Placing Conscientious Objector On Active Duty
Polygamy Ban Being Challenged In 10th Circuit Case
"See You At The Pole" Is Tomorrow
Monday, September 25, 2006
Clerics Maneuvering In Advance of Iranian Election of Assembly of Experts
Free Exercise Challenge To Migratory Bird Treaty Act Eagle Protection Rejected
Pope Meets With Muslim Envoys Over His Remarks
Parent's Suit Against School's "Opposite Sex Day" Survives Dismissal Motion
Recent Articles On the Constitution, Law and Religion
David B. Kopel, The Catholic Second Amendment, 29 Hamline Law Review 519-565 (2006).
Pat Nolan & Marguerite Telford, Indifferent No More: People of Faith Mobilize to End Prison Rape, 32 Journal of Legislation 129-141 (2006).
From SSRN:
Richard W. Garnett IV & Joshua D. Dunlap, Taking Accommodation Seriously: Religious Freedom and the O Centro Case (2006 Cato Supreme Court Review 257 ).
From Bepress:
Robert J. Delahunty, Varied Carols: Legislative Prayer in a Pluralist Polity (August 24, 2006).
Sunday, September 24, 2006
University Of Wisconsin Refuses To Recognize Catholic Foundation As Student Group
Last May, the University's chancellor reluctantly recommended approval $145,000 for the Foundation even though he believed that use of the funds for an evangelical ministry, prayer groups and Lenten booklets would violate the Establishment Clause. Recently the University applied the rule requiring students to control recognized organizations to deny recognition to the Knights of Columbus as a student group. (See prior posting.)
Religion In Russian Schools
Vermont Supreme Court Rejects Free Exercise Argument In License Suspension
Church Land Use Denial Arises In Claim Against Army
Recalled Trustee's Challenge To Pledge of Allegiance Fails
A report on the case in Saturday's Rocky Mountain News points out that the U.S. Justice Department had entered the case on the side of the town, arguing that the Pledge is merely a patriotic exercise.
Bush Addresses Muslims On Ramadan and In Radio Address
The next day in his weekly radio address, the President said that Muslim nations are bound together with other civilized nations in the struggle between moderation and extremism throughout the Middle East.
Friday, September 22, 2006
NAACP Says Clinic Closing For Jewish Sabbath Is Discriminatory
UPDATE: Here is the full text of the complaint filed with the State Division of Human Rights by the NAACP, courtesy of Eugene Volokh.
President's Greetings As Rosh Hashanah Begins
Detroit Muslims Say Charity Harassed Again This Ramadan
No Establishment Clause Problem With Minnesota Criminal Sexual Conduct Law
Riots After Indonesia Executes Three Catholics
Church Votes To Fight IRS Summons
House Resolution Condemns Repression of Bahais By Iran
Funeral Picketers Become Kansas Election Issue
Thursday, September 21, 2006
9th Circuit OK's Exclusion Of Worship Services From Library Rooms
A dissent by Judge Tallman argued that any attempt by the County to distinguish worship from other kinds of religious speech would create excessive government entanglement with religion, in violation of the Establishment Clause.
However, the most interesting reading was Judge Karlton's concurring opinion. He wrote:
The San Jose Mercury News covers the decision. (Also see prior related posting.)I concur in Judge Paez's well-reasoned opinion, which reflects the sorry state of the law. I write separately to express my dismay at that sorry state.
This should be a simple case it asks whether the county can be forced to subsidize a religious organization's prayer meetings by requiring it to provide the religious organization with a free place to worship. A quick reading of the First Amendment to the Constitution of the United States should answer the question....
[Prior cases] turn on the High Court's purported inability to distinguish between a sermon and a speech. That distinction, however, is compelled by the First Amendment.... [R]eligious speech is categorically different than secular speech and is subject to analysis under the Establishment and Free Exercise Clause without regard to the jurisprudence of free speech.
Those, like myself, who advocate adherence to the strictures of the Establishment Clause, do so not out of hostility towards religion.... Rather, we are motivated by recognition of the passions that deeply-held religious views engender, and the serious threat of marrying those passions to government power.... That threat is not merely historic. One need only look about the world to see that danger in play.
Study of Black Churches and Faith-Based Initiative
Pope Again Tries To Explain His Remarks About Islam
For the careful reader of my text, it is clear that I did not wish at any time to make my own the negative words uttered by the medieval emperor in this dialogue and that its controversial content does not express my personal conviction.... I wished to invite the Christian faith to dialogue with the modern world and to dialogue with all cultures and religions.He said that he has tried to make clear his
deep respect for the great religions, in particular for Muslims -- who 'adore the one God' and with whom we are engaged in "preserving and promoting together for all mankind social justice, moral values, peace and freedom."
Two Decisions On Jurisdiction Over Religious Employment Disputes
In Vann v. Guildfield Missionary Baptist Church, 2006 U.S. Dist. LEXIS 66947 (WD VA, Sept. 19, 2006), a Virginia federal district court permitted the minister of a church to proceed with his claim that his dismissal by the deacon of his church violated the church's bylaws. The bylaws provided for the minister's dismissal only by a vote of a majority of the church's members. The court said that since no member vote was ever taken, "the Church itself has never acted. Thus, I have subject matter jurisdiction to consider this case because the decision to fire Vann .... was not the decision of a religious entity or church. As a result, that decision is not constitutionally protected from judicial review."
Maruani v. AER Services, 2006 U.S. Dist. LEXIS 66789 (D MN, Sept. 18, 2006), involved the dismissal of Leo Maruani , a shochet (kosher butcher), from the employ of AER Services, a commercial business that provides slaughtering services for companies that sell kosher meat products. He was dismissed after the rabbi supervising the plant in which he worked objected to the fact that Maruani was not leading a visibly pious life because he did not live within walking distance of an Orthodox synagogue.
The court dismissed Maruani's claim that he was discriminated against because of his religion in violation of the Minnesota Human Rights Act. He alleged that the supervising rabbis placed religious requirements upon him that they did not impose on other shochtim. The court held: "An examination of the gradations in the rules of Kashruth or severity with which the rabbis enforced those rules is precisely the type of religious-based claim the Court is forbidden from entertaining." However the court permitted Maruani to proceed with claims that the rabbis' religious objections were not the real reason for his dismissal, and that the real reasons violated Minnesota's Whistleblower Act and its Workers Compensation Act.
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.