Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, November 14, 2005
Swedish Jews, Muslims Issue Joint Statement On Animal Slaughter
Sunday, November 13, 2005
New Church-State Publications
New on SSRN:
Eduardo M. Penalver, Visiting Associate Professor of Law at Yale Law School, has posted Treating Religion as Speech: The Religion Clause Jurisprudence of Justice Stevens .
Kristi L. Bowman, Assistant Professor of Law at Drake Law School, has posted Seeing Government Purpose Through the Objective Observer's Eyes: The Evolution-Intelligent Design Debates. The article will appear in Vol. 29 of the Harvard Journal of Law and Public Policy.
Adam Samaha, Assistant Professor of Law at the University of Chicago Law School has posted Endorsement Retires: From Religious Symbols to Anti-Sorting Principles.
Michigan Appeals Court Upholds Housing Complex Rezoning Under RLUIPA
UPDATE: The opinion in Greater Bible Way Temple of Jackson v. City of Jackson is available at 2005 Mich. App. LEXIS 2788 (Nov. 10, 2005). The court's opinion also upheld the constitutionality of the religious land use provisions of RLUIPA.
Saturday, November 12, 2005
Christian Group Assigns Ministers To Train Air Force Cadets To Proselytize
A fund-raising letter from the Navigators' team of ministers, Darren and Gina Lindblom, said, "We have recently been given an unused classroom to meet with cadets at any time during the day." Referring to the Air Force Guidelines and the civil suit filed by a parent of a cadet, the letter said"we are vitally aware we are in the front lines of a spiritual battle." It continued, "Please pray for unprecedented wisdom for Gina and me as we coach these cadets to live among the lost, sharing the Gospel in the midst of this current climate. We must be so careful. Yet we do not wish to squelch the passion of men like Daniel," a cadet who has vowed to "impact the lives of 200 men with the Gospel" before he graduates.
An Academy spokesman said the Navigators are one of 19 outside religious groups -- including Buddhist, Jewish, Catholic and Mormon organizations -- that hold weekly voluntary meetings in a program known as SPIRE, for Special Program in Religious Education. After further inquiry, the spokesman said that the Academy's chaplains had also set aside a room that any SPIRE group could use for counseling cadets at other times.
Two Recent Prisoner Religious Rights Cases
In Devine v. Schriro, 2005 U.S. Dist. LEXIS 27221 (D. Ariz, Nov. 4, 2005), an Arizona state prisoner claimed that his Free Exercise rights were being denied when, despite his sincere religious beliefs, prison officials denied him a Kosher diet because he had not provided letter from a rabbi. The federal district court dismissed the inmate’s claim, but permitted him to refile it within 30 days to allege specifically what the named defendants did to deny his rights.
Ban On Rosary Beads In Schools Lifted
Friday, November 11, 2005
"Just Read, Florida" Program Stirs Church-State Objections
Florida High School Coach Uses Religion To Get Winning Team
Wisconsin Legislature Approves Communion Wine In Prisons
Two Religious Land Use Cases In The News
UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).
European Court Upholds Turkish Headscarf Ban
Suit Challenges Faith-Based Prison Program
State Agency Lacks Jurisdiction Over Priest's Discrimination Complaint
Thursday, November 10, 2005
Justice Department Claims Ohio's Union Contract Discriminates On Religious Grounds
The suit involves Glen Greenwood, a pollution control worker at the Ohio EPA. He sought to stop paying a representation fee to the union when he learned that it supports abortion and gay rights. Ohio's contract with AFSCME Local 11 only permits state workers to opt out if they belong to a church that historically has held conscientious objections to joining or financially supporting unions. Acting U.S. Attorney General Bradley J. Schlozman said the Civil Rights Division wants the exemption expanded to permit any worker who holds a sincere opposition to a union-funded activity to divert his or her representation fee to charity. He contends that the current contract discriminates against those with sincere beliefs who do not belong to churches with long histories of opposing unions.
Senate Votes To Allow Prayer At Military Academies
Voters Eliminate Cross From Redlands City Seal
US House Recognizes 40th Anniversary of Nostra Aetate
UPDATE: On November 10, the U.S. Senate also approved H. Con. Resolution 260.
Survey On Church-State Issues To Be Released
UPDATE: The full poll was released on Nov. 21.
New Virginia Governor Impacted By Religious Experiences
Wednesday, November 09, 2005
Dover School Board Voted Out; Foes of Intelligent Design Elected
Russian National Anthem Challenged For Reference to God
Kansas Board of Education Revises Science Standards
Wisconsin University Bans Dorm RA From Leading Bible Study
The Foundation for Individual Rights in Education (FIRE) has written the university objecting to its policy, calling the ban unlawful and an "immoral restriction of religious liberty." "Unless they're on the clock 168 hours a week, which they're not, they have dual capacity as do all state employees," said David French, president of the foundation. "They have private lives. . . . We're not talking about Bible studies as part of an official R.A. function. We're talking about on their own time a function that is completely optional." (FIRE Press Release.) [Thanks to Brad M. Pardee via Religionlaw for the information.]
International Religious Freedom Report Released
Tuesday, November 08, 2005
FLDS Trust To Be Revised
Bruce Wisan, a special fiduciary appointed in May to protect UEP assets, said the church in the past has collected money from its members to pay taxes. This year, the faithful have been told "to do nothing" to help cover the bill, he said. FLDS, a sect that encourages polygamous marriage, has been the subject of numerous enforcement initiatives recently. (See prior posting.)
Protestants Sentenced By China Court For Illegal Printing of Bibles
Challenge To No-Beard Rule In Florida Prisons Moves Forward
UPDATE: On Jan. 10, 2006, the court released for publication a revised opinion reaching the same result, Muhammad v. Crosby.
Indian Court Strikes Down Set-Aside for Muslims
Monday, November 07, 2005
California Church Warned By IRS Because of 2004 Anti-War Sermon
Marcus Owens, the church's tax attorney, said "I doubt it's politically motivated. I think it is more a case of senior management at IRS not paying attention to what the rules are." Six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to front-line agents, Marcus said.
The IRS has offered to settle with All Saints and not move to the exam stage if the church admits to improper election activity. However the church refused the offer.
UPDATE: The Los Angeles Times has published an interesting background article on the IRS and political activities by religious organizations.
ADL Leader Criticizes Conservative Christian Groups
Churches Urge Yes Vote On California Prop. 73
Sunday, November 06, 2005
Two Newly Published Law Review Symposia
Brigham Young Law Review, Vol 2005, Issue 3 is an International Law and Religion Symposium titled Religion in the Public Sphere. The full text of all the articles is available online.
The American Journal of Comparative Law, Vol. 54, No. 4 (Fall 2004) has just published a symposium on Law, Religion and Secularism. Articles include:
Lama Abu-Odeh, The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia;
Christina Jones-Pauly & Neamat Nojumi, Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan;
Abdulmumini Adebayo Oba, The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction;
Seval Yildirim, Expanding Secularism's Scope: An Indian Case Study.
In Israel, Efforts To Restore the Sanhedrin
Viet Nam Claims Progress In Assuring Religious Freedom
Saturday, November 05, 2005
ID Trial Closes; More About Its Origins; Interested Reporter Attends
Meanwhile, yesterday the New York Times reported that the idea of introducing intelligent design was originally suggested to the Dover school board by an advocacy group hoping to create a test case. For years, a lawyer for the Thomas More Law Center in Michigan visited school boards around the country seeking one willing to challenge evolution and to face a high-profile trial. The Dover school board agreed despite a memo from its lawyer, Stephen S. Russell, warning that if the board lost the case, they would have to pay its opponents' legal fees. In the memorandum, made public in court on Wednesday, Mr. Russell advised that opponents would have a strong case because board members had a lengthy public record of advocating "putting religion back in the schools."
In a final twist of irony, the Pittsburgh Post-Gazette today says that one of the reporters covering the high profile trial for Harper's magazine is Matthew Chapman, great-grandson of Charles Darwin, whose theory of evolution has been central to the case. Chapman's comment on the proceedings: "All of this is so unnecessary. People can believe in God and they can believe in evolution, too."
State Employee Claims Right To Send Religious Views By E-Mail From Work
The appeal argues that workers' rights to express their religious convictions -- "especially when they are acting in their personal capacity"-- should be preserved. Particularly because other state employees are permitted to send e-mails on other topics in their free time, the Pacific Justice Institute contends that this employee is being "punished simply because [her] opinion happens to be from a Christian perspective."
6th Circuit Dismisses Claims Growing Out of Church Discipline
Friday, November 04, 2005
Alito Student Article On Establishment Clause Issue
Alito Believes Court Has Gone Too Far In Church-State Separation
Belarus Has Not Yet Responded To U.N. Charges
Islamic Group Sues Media And Pro-Israel Supporters For Conspiracy To Deny Free Exercise
Jeffrey Robbins who is representing the David Project said that the concerns raised in articles by the Herald and shared by members of the David Project alleging connections between ISB officials and extremist Islamic groups were legitimate causes for investigation. "You might have hoped that the Islamic Society, when they received these questions, would have sought to answer them. But instead the course chosen was to try and intimidate those who ask, which in itself speaks volumes about what this is about."
Burundi Declares Eid al-Fitr A Public Holiday
Intelligent Design Bill To Be Introduced In Indiana
Thursday, November 03, 2005
ADF To Fight For Public Christmas Celebrations
The North County, California Times today, in reporting on the ADF move, quotes a leader of the Anti-Defamation League in California, who contends that public Christmas celebrations that have been accepted in the past may no longer be viewed as appropriate because of the "enormous and increasing diversity" in America. He said that public events should not leave people feeling excluded.
New Books On Church-State and Religious Freedom
Jimmy Carter, 39th President of the United States, in a new book strongly defends the separation of church and state. He argues that blurring the line between government and religion by rigid fundamentalists threatens civil liberties and privacy. The book, Our Endangered Values: America's Moral Crisis, draws on Carter's experiences as a president and a Christian. An excerpt from the book is available online, as is an audio recording of Carter's interview with National Public Radio's Terry Gross.
James H. Huston, The Founders on Religion: A Book of Quotations, is an impartial compendium of the founders' own remarks on religious matters, from Princeton University Press.
Peter Zagorin, How the Idea of Religious Toleration Came to the West, traces the roots of religious persecution in certain intellectual and religious traditions, and shows how out of the same traditions came the beginnings of pluralism in the West. From Princeton University Press.
Robert Wuthnow, America and the Challenges of Religious Diversity, looks not only at how we have adapted to diversity in the past, but at the ways rank-and-file Americans, clergy, and other community leaders are responding today. From Princeton University Press. A review of the book by Gary Rosen was published in the New York Times.
Jerry Weinberger, Benjamin Franklin Unmasked: On the Unity of His Moral Religious, and Political Thought, from University Press of Kansas. Weinberger discovers a serious thinker who was profoundly critical of religion, moral virtue, and political ideals.
Justus Weiner, Human Rights of Christians in Palestinian Society, from the Jerusalem Center for Public Affairs. Weiner finds that Christians who remain in territory governed by the P.A. are a beleaguered minority.
Satmar Rivals Feud In Court and Outside It
Rosenwasser, who is up for re-election as judge next week, recently issued a temporary ruling in favor of one of Rabbi Aaron Teitelbaum's followers, but warned that it should not be read as determining the broader question of who controls the Satmar's communal assets of more than $100 million. Earlier, a different Brooklyn judge had ruled that followers of Rabbi Zalmen Teitelbaum, the other brother, should control the group. The Forward reports that coincidentally, Rabbi Aaron's followers are an important voting bloc in Rosenwasser's district. The feud between the two factions has led to physical violence between them at the main Satmar synagogue in Brooklyn. On Oct. 27, the judge wrote to lawyers on both sides demanding an explanation of the fight that broke out at the synagogue two days earlier during Shemini Atzeret services.
Damage Claim By Muslim Woman Against Prison Officials Dismissed
Christian Group Protests Proposed Indian Law On Foreign Contributions
Wednesday, November 02, 2005
L.A. City Council Debates Tax-Exempt Financing For Parochial School
Today L.A. City Council is scheduled to vote on a plan to issue $30 million in tax-exempt bonds on behalf of Loyola High School, a Catholic parochial school. The bonds would save the high school $8 million in interest costs. The city's attorneys have recommended that the council move ahead with the transaction, saying Loyola's educational activities, and its willingness to admit students of all religious backgrounds, shows that it is not "pervasively sectarian." The bond proceeds will be used to build a new science facility. The ACLU of Southern California questions the proposed move, arguing that the school is pervasively sectarian. The city has already used tax-exempt bonds to assist three other parochial schools since 2001.
UPDATE: In its vote, the Los Angeles City Council approved the issuance of tax-exempt bonds for Loyola High School, prompting a promise from the ACLU to review the transaction to determine if it violates the state constitution's separation of church and state.
South Dakota Supreme Court Hears Case On Church Demolition
Oral Arguments Held In O Centro
This is Chief Justice Roberts first religious freedom case on the Court. Roberts questioned the government's argument that it must prohibit all use of hoasca to prevent diversion to non-religious uses. "Your approach is totally categorical.'' If a religious group used only one drop of the drug a year, "your position would still be the same", Roberts told government lawyer Edwin Kneedler during the one-hour argument.
The government argued that it has a compelling interest in "uniform enforcement'' of its drug laws. But Justice Antonin Scalia pointed to an exception that Congress has made for peyote in American Indian religious ceremonies. He said, "It's a demonstration you can make exceptions without the sky falling.'' Justice John Paul Stevens followed up by asking whether the exception for peyote indicated that "maybe [the government's interest is] not all that compelling.''
Religious Freedom Moves Forward In Geogian Republic
Candidate For Governor of Va. Talks About His Faith
Tuesday, November 01, 2005
Alito Will Make Catholics A Majority On Court
Kitzmiller Trial Continues
Attempt To Vacate Mt. Soledad Cross Ruling Filed
UPDATE: The Oct. 31 San Diego Union Tribune reported that Judge Cowett refused to hold a hearing on the motion to vacate her earlier ruling. An appeal to the 4th District Court of Appeals is planned.
Coptic Churches In Egypt Attacked By Muslims
Does Excommunication Violate Ky. Civil Rights Act?
Alito's 3rd Circuit Religion Decisions
Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (October 15, 2004) OVERVIEW: Preliminary injunction properly ordered a school district to treat a child evangelism group like other community groups with regard to distribution of literature; group was likely to succeed on viewpoint discrimination claim under Free Speech Clause.
Blackhawk v. Pennsylvania, 381 F.3d 202 (August 20, 2004) OVERVIEW: Native American's free exercise rights were violated when he was denied a religious exemption from permit fees required because he owned two black bears. The fee regime's provisions were underinclusive and thus not generally applicable.
Fraise v. Terhune, 283 F.3d 506 (March 13, 2002) OVERVIEW: New Jersey prison policy that allowed correctional officials to designate "security threat groups" (STGs) did not violate equal protection in view of greater propensity for violence demonstrated by members of the STG.
Abramson v. William Paterson College, 260 F.3d 265, August 3, 2001, Concurrence by Alito, J. OVERVIEW: In religious discrimination suit, appellate court reversed summary judgment for the employer because the employee established a prima facie case for hostile work environment, religious discrimination, and retaliation.
ACLU-NJ v. Township of Wall, 246 F.3d 258 (April 3, 2001) OVERVIEW: Taxpayer plaintiffs failed to establish standing in their First Amendment holiday display claim where the record established that both the nativity display and the menorah at issue were donated to defendant Township.
Saxe v. State College Area Sch. Dist., 240 F.3d 200 (February 14, 2001) OVERVIEW: Public school district's student-on-student anti-harassment policy was unconstitutionally overbroad because it prohibited non-vulgar, non-sponsored student speech and did not satisfy the Tinker substantial disruption test.
C.H. v. Olivia, 226 F.3d 198 (August 28, 2000), cert. denied June 18, 2001. Dissent by Alito, J. OVERVIEW of majority opinion: Where it was not alleged that the removal of a student's poster occurred as a result of any school policy against the exhibition of religious material, judgment for school officials was remanded to allow plaintiff to amend her complaint.
FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (March 3, 1999) cert. denied October 4, 1999. OVERVIEW: Police department's policy, which prohibited beards, was found to be in violation of the Free Exercise Clause of the First Amendment because it refused to make exemptions for religious reasons, even though medical exemptions were made.
ACLU NJ v. Schundler, 168 F.3d 92 (February 16, 1999) OVERVIEW: A city's display of predominantly religious symbols in holiday display was unconstitutional under the Establishment Clause; however, addition of secular and cultural symbols diluted the display's message of endorsement of religion.
Edwards v. California Univ. of Pa., 156 F.3d 488 (August 10, 1998). cert. denied February 22, 1999. OVERVIEW: University professor did not have First Amendment right to choose classroom materials and subjects in contravention of university's dictates, and his suspension with pay did not violate procedural due process where he was not deprived of employment.
Monday, October 31, 2005
Alito Will Be SCOTUS Nominee
Removal of Polygamous Judge Sought
O Centro Case Scheduled For Supreme Court Argument Tomorrow
An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.
Schools Increasingly Avoid Traditional Halloween Rites
Prince Charles Will Urge Bush To Appreciate Islam More
Sunday, October 30, 2005
Native American Prisoner's Religious Claims Rejected
Washington State 10 Commandments Case Appealed
Saturday, October 29, 2005
New Scholarly Publication
Susan Pace Hamill, An Evaluation of Federal Tax Policy Based on Judeo-Christian Ethics, to apear in the Winter 2006 Virginia Tax Review.
Football Coaches Push Prayer
Friday, October 28, 2005
Churches Cooperate Extensively With States In Katrina Disaster Aid
Trial Challenging Indiana Legislative Invocations Begins
Ohio Issues Draft School Voucher Program Rules
Parent Can Require School Board To Discuss Evolution Alternatives
While dismissing some of plaintiff's claims on Eleventh Amendment grounds, the court denied defendants' motion to dismiss his free speech, establishment clause, due process and equal protection claims. The court found that plaintiff sufficiently alleged that defendants restricted his speech in a limited public forum on the basis of it content. Plaintiff's Establishment Clause claim asserted that defendants do not allow Christian citizens to participate in public debates and public policy-making to the same extent as non-Christians. In refusing to dismiss the claim, the court held that plaintiff sufficiently alleged that the primary purpose of the defendant's actions was to disapprove of his actual or perceived religious beliefs.
The full text of the complaint in the suit is available online, as is Caldwell's press release on his victory. Further discussion is in this post from the Center for Science & Culture.
Orthodox Patriarch Sues In Israel's High Court
The suit alleges that the Government is making the grant of the Berat conditional upon acceptance by Patriarch Theophilus of certain real estate sales in East Jerusalem made by his deposed predecessor, Irineus I, to Israeli settlers. The sales are believed by the new Patriarch to be invalid, because they were not approved by the Synod and were made for very low prices. The Government has not yet responded to the suit.
Objection To Prayers In Peoria Council Chamber
Japan Constitution Draft Would Change Religion Provisions
Inmate's Challenge To AA/NA Not Ripe
Thursday, October 27, 2005
Schools Get Into Disputes In Choosing Textbooks About Religion
Danforth Decries Influence of Evangelicals In Republican Party
Prisoner Loses Claim Over Verbal Harassment and Koran Damage
Wednesday, October 26, 2005
Church's Free Exercise and RLUIPA Claims Rejected by 10th Circuit
Judge To Protect Free Exercise Rights As Part of Sentence
Dispute Over Religious Images Found In Hawaii
More than 20 images, believed to be kii, or carved images of gods, were found. Probably dating from the first half of the 19th century, the objects might be religious images hidden when the old Hawaiian religion was overthrown. Or they might be commercial objects created for sale to foreign sailors, said Hawaiian historian Herb Kane. No human bones were found in the lava tube, said the development's archaeological consultant, Paul Rosendahl. He said, since this is not a burial site and the objects were accidentally discovered, the landowner has legal right to determine how to dispose of the artifacts. The three groups responded, "Gods do not belong to individuals; they belong to the community whose values and practices they represent. They are the cultural and intellectual property of a social group." Rosendahl said the developers are not obliged to turn the images over to any particular group that makes a claim. The developers are working with "those with the strongest genealogical and residential ties."
Miers On Church-State In 1993
The law and religion make for interesting mixture but the mixture tends to evoke the strongest of emotions. The underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago. Remembering that fact appears to offer the most effective solutions to these problems once the easier cases are disposed of. For example, if a preacher is committing fraud and it can be shown, even if he is a preacher, he should be stopped. But if we just think people are ignorant or stupid for giving their money for a blessing, that is a different matter. No one should not [sic.] be able to oppressively require a student to participate in religious activities against their will, but if a student on his or her own chooses to express him or herself in religious terms, that should not be prohibited. Where science determines the facts, the law can effectively govern. However, when science cannot determine the facts and decisions vary based upon religious belief, then government should not act. I do not mean to make very complex, emotional issues too simplistic. But some of these issued do not need to be as complicated as they have become if people deal with each other with respect and even reverence.
State To Challenge Ruling On Native American Religious Freedom
House of Lords Votes To Amend Religious Hatred Bill
Monday, October 24, 2005
Sudan Closing Christian Schools For Serving Food During Ramadan
Church-State Issues Shaping Up As Important In Next French Election
Trial Begins On Faith-Based Prison Program
Native American Prisoner Can Proceed On Sweat Lodge Claim
Plaintiff claimed that prison officials violated RLUIPA, the First Amendment and the Equal Protection Clause of the 14th Amendment. The federal district court granted summary judgment to state prison officials on all but one of the claims. On plaintiff's claim that he has been denied access to a sweat lodge for ritual purification, the court denied the state's motion for summary judgment and permitted the claim to move to trial. The court held, however, that defendants are entitled to qualified immunity on plaintiff's claim for monetary damages.
Newly Available Publications
Walter J. Walsh, The Priest-Penitent Privilege: An Hibernocentric Essay In Post Colonial Jurisprudence, 80 Indiana Law Jour. 1037-1089 (2005). [Thanks to SmartCILP].
Sunday, October 23, 2005
Dispute Over Display of Crucifix In Italian Courtroom
The same kind of issue has arisen elsewhere in Italy. In 2003, Muslim activist Adel Smith tried to get a crucifix removed from his son's classroom. An appeals judge ruled that the cross could stay, as a symbol of Italy's cultural heritage and values. Subsequently Smith engaged in self-help. When nurses treating his mother in a public hospital refused to take down the crucifix above her bed, he tossed it out the window.
UPDATE: On Nov. 18, Judge Tosti was convicted of failing to carry out his official duties and was sentenced to seven months in jail, according to the Associated Press. An appeal is planned.