Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, August 26, 2005
Increased Saudi Religious Persecution Reported
Symposia of Interest
The Spring 2005 issue of the Pace Law Review carries three of the presentations from a Sympoisum held at Pace Law School on Dec. 3, 2004 on The Anti-Terrorist Financing Guidelines: The Impact on International Philanthropy. The published articles focus on the impact of the Guidelines on Muslim charities.
The Winter 2005 issue of the Yale Journal of Law & The Humanities carries a Symposium titled Rethinking Robert Cover's Nomos and Narrative.
Thursday, August 25, 2005
Iraq Supreme Court To Include Muslim Clerics
At a press conference on Tuesday (full transcript), US Ambassador to Iraq, Zalmay Khalilzad, explained the provision:The Supreme Federal Court will be made up of a number of judges and experts in Sharia (Islamic Law) and law, whose number and manner of selection will be defined by a law that should be passed by two-thirds of the parliament members.
[T]here was a proposal to establish a constitutional court. There were concerns that the court might be a kind of religious court, checking whether the constitution is consistent with Shari'a, and that was eliminated. Instead the responsibility of the constitutionality of laws has been given to the Supreme Court, and there has been a discussion that since there are three standards that the constitution cannot violate, the laws cannot be against Islam, the laws cannot be against democracy, the laws cannot be against human rights. There need to be experts on those three things, added to the court. Since this will be a new responsibility for the court to have responsibility over the three sources: democracy, human rights, and Islam.
Now, in the balance of forces, given where things are, I think that that's not bad. These are decisions that I'm reporting, but these are the decisions that the Iraqis have made for themselves. We should also not forget our own country's history, that when we were debating the constitution, when we were ratifying the constitution in the United States some of our states had state religions. This country is in the process of being built on new principles, but these principles of course cannot be divorced from the history and traditions of Iraq. We do not want to impose a cookie-cutter approach that America is this kind of a Republic and you have to follow it precisely. No, that's not American foreign policy, that's not our style of dealing with other nations. We respect other peoples' traditions, but we also believe in universal values that are relevant for countries that want to succeed, that have demonstrated their relevance, to have. We have tried to encourage Iraqis to consider those, but of course this is their country and they have to make their own decisions ultimately.
Hawaii Supreme Court Rejects Religious Defense In Marijuana Case
LMRA Held Inapplicable To Parochial Schools
New Steps In Australia and Britain Against Promoting Islamic Extremism
Meanwhile, Britain has adopted new criteria for deporting radical Muslim preachers from abroad. According to a report today from the Los Angeles Times, deportation may be ordered for any non-British citizen who has been found to "foment, justify or glorify terrorist violence in furtherance of particular beliefs; seek to provoke others to terrorist acts; foment other serious criminal activity or seek to provoke others to serious criminal acts; or foster hatred which might lead to intercommunity violence".
Dismissal of Gay Parochial School Teacher Upheld
DC Lobbyist For Secular Views
AL Prisoners Sue Over Religious Twelve-Step Programs
Wednesday, August 24, 2005
CLS At SIU Obtains Injunction Pending Appeal on Merits
CLS claimed that it had a First Amendment right to require its officers and members to adhere to its statement of orthodox Christian beliefs, including the Bible's prohibition on homosexual conduct. The majority opinion said that granting the injunction while the appeal was pending would not irreparably harm the law school, while a denial of CLS's First Amendment rights is presumptively irreparable injury. The majority also said it was unclear exactly what university policy CLS was violating. Alliancee Defense Fund which represented CLS issued a release praising the decision.
Muslim Council In Nigeria Protests Child's Rights Act
HHS Suspends Funding For Religious Abstinence Program
New Article on Bepress
Community College Criticized For Radio Station Arrangement
Malaysian Citizens Seek Court Protection for Religious Beliefs
Tuesday, August 23, 2005
Christian Leader Urges Chavez Assassination
Iraqi Draft Constitution's Compromise On Role Of Islam
1. Islam is a main source for legislation.
- a. No law may contradict Islamic standards.
- b. No law may contradict democratic standards.
- c. No law may contradict the essential rights and freedoms mentioned in this constitution.
2. This constitution guarantees the Islamic identity of the Iraqi people and guarantees all religious rights; all persons are free within their ideology and the practice of their ideological practices.
3. Iraq is part of the Islamic world, and the Arabs are part of the Arab nation.
Then Chapter Two, Article 39 provides: "Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organized by law."
UPDATE: Here is an updated and expanded translation of the parts of the propposed Constitution relating to the role of Islam and religious freedom in Iraq.
NJ Court Reverses In RLUIPA Challenge To Zoning Amendment
Churches Argue Against MN Gun Laws
Attorneys for the churches argued that requiring signs with a specific size, typeface and language in order to prohibit guns in churches interferes with the churches' religious messages. The state responded that requiring specific religiously neutral words does not impose a substantial burden on the churches and does not cause them irreparable harm. The churches also argued that religious institutions should not be prohibited from banning guns in their parking areas, because those areas used to further religious missions when people talk about services on the way to their cars or when a church holds a fundraiser or services in a parking lot. The state said that when a church is holding an activity in the parking lot for a religious purpose, it may ban guns under the law. Finally the churches objected to provisions that prohibit landlords from banning tenants and their visitors from carrying guns, for example in child care centers or homeless centers operated out of church premises.
Kenyan Churches Oppose New Draft Constitution
Monday, August 22, 2005
Yoga In Elementary School Raises First Amendment Hackles
The original yoga program was changed, after objections by critics, to eliminate all Sanskrit words. Students now end class here by saying "peace" rather than "namaste." But Pastor Woodrow says that even as modified, yoga incorporates aspects of Eastern religions that believe in reincarnation and pluralism,.
Soldier's Bible Carries Army's Seal
On Saturday, Black Anthem carried an article raising First Amendment questions about The Soldier's Bible and The Soldier's New Testament, published by Broadman & Holman Bible Publishers in Nashville, Tenn., which is owned by the Southern Baptist Convention. The legal issue stems from the fact that each Bible carries a gold-embossed Department of Army emblem on the front cover. Each Bible carries a small-type disclaimer on page 3: "The seal of the Army is used by permission but in no way carries the endorsement of this product by the U.S. Army, the Department of Defense or the government of the United States." But, the article asks, is that enough to avoid the Bible appearing to be a government publication?
Currently the publisher's website features the Coast Guardman's Bible, with the Coast Guard seal on the cover. Its promotion reads: "This Holman CSB Coast Guardsman’s Bible is the fifth in Holman’s series of Military Bibles. For these perilous times Holman Bible Publishers is pleased to provide the entire Bible in a format that is handsome, easy to carry, and that is designed to meet the unique needs of those who serve the U.S. in exceedingly difficult situations."
Proposed Belgian Law Would Prohibit Kosher Slaughtering
CO Library Changes Meeting Room Policy After Being Sued
Sunday, August 21, 2005
Actions Against FLDS Seen As Part of Broader Fight Against Polygamy
Papers Examine Origins of Intelligent Design
Pushing a "teach the controversy" approach to evolution, the institute has in many ways transformed the debate into an issue of academic freedom rather than a confrontation between biology and religion.
However, the Institute also has taken positions on issues such as local transportation and foreign affairs. Among the organization's backers is the Bill and Melinda Gates Foundation that gives it $1 million a year.
[UPDATED] Meanwhile, the New York Times Magazine today runs an interesting column by William Safire describing the origins of Intelligent Design. He quotes Prof. Leonard Krishtalka of the University of Kansas who describes Intelligent Design as ''nothing more than creationism in a cheap tuxedo.''Saturday, August 20, 2005
School District To Use "Winter Break", Not "Christmas Break"
7th Circuit Holds Atheism Is A Religion
The Court remanded the case for further proceedings to consider the Establishment Clause claims that had been raised, finding that prison officials had given no reasons to justify permitting other faiths to form prison groups, but not atheists. However the court rejected plaintiff’s Free Exercise claim. He had not shown that a weekly study group was necessary to the practice of his religion.
In a report on the case, World Net Daily quoted Brian Fahling, senior trial attorney for the American Family Association Center for Law & Policy, who said that the ruling is “further evidence of the incoherence of Establishment Clause jurisprudence.”
Trial On ME Social Studies Curriculum Starts Next Week
The dispute began, however, back in 1997 at Presque Isle Middle School when two parents complained that the teacher's lessons on Cro-Magnon man violated their religious beliefs about the age of the earth. The teacher, Gary Cole, claims that shortly after the complaint, he was informed that he could only teach European history. For an earlier opinion in the case denying the school district's motion for summary judgment, see Cole v. Maine School Adm. Dist. No. 1, 350 F. Supp.2d. 143 (USDC D Maine, Dec. 3, 2004) [LEXIS link].
8th Circuit Applies Van Orden
Friday, August 19, 2005
Roberts At Least Is Sure About One Thing God Didn't Do
Lawyer Wants No Diplomatic Immunity For Pope
Indian Islamic Ruling Denies Women Full Rights To Challenge Elections
Disestablishment Urged In Britain
Vertical Grave Marker Bans Do Not Violate Religious Freedom
Bishop Calls For Procedures Before Denying Politician Communion
Azerbaijan Moves Against Wahhabism
Thursday, August 18, 2005
CA Primary Conflicts With Rosh Hashanah
Parents Win Appeal On Exposure of Child To Wicca
Another Roberts Church-State Memo From 1985
Roberts wrote: "It would be inappropriate for the president to interfere in the consideration of this resolution by the Kentucky legislature by sending a message of support." Roberts said that the proposed resolution raised the same Establishment Clause concerns that led the Supreme Court in 1980 in Stone v. Graham to hold that Kentucky public schools could not be required to post copies of the Ten Commandments. "The president should not gratuitously opine on the constitutionality of this specific resolution," he concluded.
Alabama Teachers' Union Promotes Appropriate Teaching About Religion
Comparative Law and Religion Dominates This Week's New Scholarship
Shima Baradaran-Robison, Brett G. Scharffs and Elizabeth A. Sewell, Religious Monopolies and the Commodification of Religion, 32 Pepperdine Law Rev. 885-943 (2005).
Leigh Hunt Greenhaw & Michael H. Koby, Constitutional Conversations and New Religious Movements: A Comparative Case Study, 38 Vanderbilt Jour. Transnat'l Law 615-678 (2005).
Achim Seifert, Respectful Religious Pluralism In the Workplace. (Reviewing Douglas A. Hicks, Religion and the Workplace: Pluralism, Spirituality, Leadership.) 25 Comparative Labor Law & Pol'y J. 463-475 (2004).
Ann Black, Survival or Extinction? Animistic Dispute Resolution in the Sultanate of Brunei, 13 Willamette Jour. Int'l Law & Dispute Resolution 1-25 (2005).
Natan Lerner, How Wide the Margin of Appreciation? The Turkish Headscarf Case, the Strasbourg Court, and Secularist Tolerance, 13 Willamette Jour. Int'l Law & Dispute Resolution 65-85 (2005).
Peter Cumper, Book Review. (Reviewing Regulating Religion--Case Studies from Around the Globe, edited by James T. Richardson.) 13 Willamette Jour. Int'l Law & Dispute Resolution 87-108 (2005).
Vanessa Von Struensee, Stoning, Shari'a, and Human Rights Law in Nigeria, 11 William & Mary Jour. of Women & Law 405-425 (2005).
Wednesday, August 17, 2005
More Churches Closed Down In Indonesia
Challenge To Parochial School Closing Rejected On First Amendment Grounds
India's Supreme Court Asked To Invalidate Sharia Tribunals
UPDATE: Here from the Milli Gazette is the response of the Shariath Protection Council, arguing that the challenged tribunals are merely arbitration forums.
Prisoner Alleges No Shi'ite Clergy Permitted
Passions Still High On 10 Commandments In TN
Danny Ricker, an ordained minister who is also the employee in charge of maintenance of county buildings, spoke first. Representing an organization called Citizens for Truth, he said that the Ten Commandments are part of the nation’s heritage, "but it’s our Lord and Savior Jesus Christ we’re talking about today" as well. He continued, "It’s time we get some backbone about it."
Ricker said Americans have stood by for too long and let their religious freedoms be taken from them. "I believe in obeying the law of the land until they start messing with my Lord," he said.
The second speaker, Ray Rowney, also representing Citizens for Truth urged the County to leave the plaque in place and publicly reaffirm support for the God and Country wall as "now more necessary than ever" to correct what he called "an unconstitutional act by the Supreme Court justices."
The final speaker was Gerben Hoekstra who said that when he was 10 years old, "I saw Hitler’s soldiers come past our house on beautiful brown horses," to occupy Holland, "my birth country". "Now I see the same injustice happening to my beloved adopted country. The forces of good have mostly been silent and let this slow erosion of our freedom happen.... We can lie down and play dead and let evil win." Or the Ten Commandments plaque can be left in place with a "wait and see" attitude adopted. But if this is done, he said, "Evil will win again, with a slight delay." He concluded: "So far, our rights have been defended by lawyers," who tend to get tangled in "legal mumbo-jumbo." In the future, he said, "I suggest we use laymen."
Further Order In Case of DC Muslim Firefighters' Beards
Dismissed Pastor's Suit Rejected
Tuesday, August 16, 2005
New NJ Local Zoning for Houses of Worship Is Controversial
Teacher Sues Over Removal of Religious Posters
British Muslims React To PM's Statements
Local Breakaway Episcopal Church Awarded Church Property
Monday, August 15, 2005
1985 Memos By SCOTUS Nominee Roberts On School Prayer
On June 4, 1985, the day the decision was released, Roberts sent White House Counsel Fred Fielding a memo analyzing the Supreme Court decision in Wallace v. Jaffree . He pointed out that the Court found that lawmakers who sponsored Alabama's moment of silence law had an express purpose to return voluntary prayer to schools. Roberts wrote: "The statute was thus struck down because of the peculiarities of the particular legislative history, not because of any inherent constitutional flaw in moment-of-silence statutes." Roberts also wrote that despite the Court's conclusion, "careful analysis shows at least a majority of the justices would vote to uphold a simple moment of silence statute." He went on to speculate that "the outcome of this case shifted in the writing." He said he thought Justice William Rehnquist had started out writing a majority opinion to uphold the law, but his argument went too far for Justices Sandra Day O'Connor and Lewis Powell, both of whom ended up filing concurring opinions. Roberts continued: "Thus, as I see it, Rehnquist took a tenuous five-person majority and ... ended up losing the majority."
In a November 21, 1985 memo to White House Counsel Fred Fielding, Roberts suggested that the White House could expect the Justice Department to support a Constitutional amendment permitting silent prayer in public schools. He wrote: "I would have no objection to such a position statement. Many who do not support prayer in school support a 'moment of silence'." Analyzing the Supreme Court's holding in Wallace v. Jaffree, he said that its conclusion "that the Constitution prohibits such a moment of silent reflection --or even 'silent prayer''-- seems indefensible.''
LA School Case Settled After Parents Move
Justice Sunday II Report
Also, a dozen bloggers entered live postings from the Justice Sunday II rally. Links to them are on the Justice Sunday II website.
Sunday, August 14, 2005
Haaretz: "Beware the Zealots"
"The destruction of the Second Temple was not only the ruin of the physical Temple in Jerusalem, it was also the ruin of the national home. The actual destruction was carried out by foreigners, but it was the blind zealots, saturated with a megalomaniacal hunger for power, who presumed to lead the tiny Jewish state on their own stubborn path, turning their back on political reality and speaking in the name of a single principle: religion, according to their interpretation."
"The zealotry of those who destroyed the Temple and the national home sprouted from the fundamentalist flower beds of the religious hierarchy, which cloaked itself in eternal power in the name of a jealous God, deaf to the world and refusing all compromise. In the struggle over the image and existence of that Jewish state, the zealots bested the yearners for peace. The former chose suicide, slaughter and exile, and sealed the fate of the entire Jewish people. Much to our horror, the third Jewish commonwealth now faces a challenge which draws its inspiration from similar sources."
'The location is identical, and the balance of power between the state and the international community is similar. Once again, the fragile sovereignty of a state fighting for survival can be perceived. Once again, a stubborn, irresponsible, megalomaniacal group of zealous rabbis has arisen, kicking indiscriminately at the sovereignty of the state and at the chances for a normal, just life within the family of nations, and threatening to bring down the house if it does not get its way."
Bishop Harry Jackson Profiled In Post
New SSRN Article on Free Exercise
Pakistani Court Imposes Life Sentence for Blasphemy
Friday, August 12, 2005
Fraternity Claims Religious Infringement In Refusal To Admit Its Return To Campus
Ad On Gaza Raises Issues of Appropriate Religious Argumentation
"By endorsing such actions, Mr. President, you foster the violation of two of the seven universal Noahide laws; causing the death of innocent human beings, and enabling the theft of personal property. Will your own conscience be clear Mr. President? Can you be at peace with yourself once the disastrous and irremediable effects of these actions become manifest? Remember! This is no less than a declaration of war against G-d and his holy Bible.... America's greatness and its might derive from the proud belief that "In G-d we trust." Now is the time to listen to Him and honor His eternal bond.... G-d has chosen you, Mr. President, to bring peace to the world, and to triumph over the forces of evil. He will bless your efforts only if you make manifest your concern for the welfare of His people and their Holy Land."
IN Court Holds Parents Liable For Child's Medical Bill Despite Religious Objections
Teacher's Claim On Use of Historical/ Religious Materials In Class Settled
New Tack Attempted in WI Priest Sexual Abuse Claim
Thursday, August 11, 2005
Challenge To Christian Prayers At Commission Meetings in GA
NY Case Challenges School Rental By Churches
Proposal Looming To Permit Religious Hiring Criteria In Head Start Programs
Gaza Withdrawal Poses Religious Crisis For Orthodox Jews
Former Chief Rabbi Avraham Shapira has issuing a ruling declaring the disengagement forbidden under Jewish law He said: "This prohibition applies to every Jew, soldier and civilian alike. An order to take part in the evacuation of Jews from their homes in order to give over the land to non-Jews is an order that is against the religion of our holy Torah and forbidden to fulfill. Anyone who violates this prohibition will not be exonerated, not in this world and not in the world to come." Not all Orthodox rabbis agree. US Yeshiva University Chancellor, Dr. Norman Lamm said he and other rabbis "felt very strongly that actual disobedience on the part of the Israeli forces would constitute a desecration of God's name that would haunt [the Jewish people] for generations".
Wisconsin Buddhists Face Opposition to Zoning Approvals
CT Court Upholds Church In Dispute With Parent Body Over Pastor, Property
Fourth Circuit Upholds Pledge
Plaintiff's claim was unusual. As the District Court described it: "Myers appears to claim that the pledge violates the Establishment Clause because it creates and supports the state sponsored religion of "God and Country." Myers' claim, as it relates to the pledge statute's impermissible state establishment of religion, is unique. Indeed, previous claims brought challenging the constitutionality of the pledge of allegiance as violative of the Establishment Clause focused on Congress' insertion of the phrase "under God" as establishing monotheism as a state sanctioned religion.... In contrast, Myers objects to the Pledge in its entirety, not simply the phrase "under God." 251 F. Supp.2d 1262 (DC EDVa., 2003) [LEXIS link].
Wednesday, August 10, 2005
Kansas Evolution Standards Move Ahead
Magistrate Recommends No Injunction In VT Religious Plate Case
Tuesday, August 09, 2005
Impact of Bush's Statement on Intelligent Design
Nonprofits Urge Cautious Reforms on Noncash Contributions
The letter recommended continuing to base noncash donations on fair market value--as well as strengthening the definition of a qualified appraisal and appraiser, as recommended by the Independent Sector report. (Full text of Independent Sector report.)
The letter from the nonprofits also urged adoption of several other recommendations from the report, including expansion of penalties on taxpayers who grossly inflate valuations, imposing penalties on appraisers who make such valuations and mandating of electronic filing of Forms 8282, Donee Information Return, and 8283, Noncash Charitable Contributions. It continued: "As you are considering reforms relating to the donation of noncash gifts, we urge you to move with caution," the letter said, "given the importance of such donations to many kinds of charities." [Thanks to Steven Sholk for this information.]
Monday, August 08, 2005
MA Legislature To Consider Church Financial And Property Disclosures
Arkansas Fears Results of Increased Immunization Exemptions
In response to this, the Arkansas legislature joined 16 other states to add "philosophical reasons" to the statute as a basis for excusal from immunization. That has led to an almost doubling of the number of children who have been granted immunization waivers in Arkansas. During the 2004-05 school year, 100 students obtained medical waivers, 366 obtained a waiver on religious grounds, and 731 obtained a waiver for philosophical reasons. Most of the children are concentrated in six counties in the northwest part of the state.
State health officials now fear that this will lead to an outbreak of preventable diseases in the state. "We will see an outbreak," said Dr. Sandra Snow, medical director for the state Department of Health's Communicable Disease/Immunization Program. "The question is how many years is it going to be before it hits."
Compromise on Sikh Headwear In French Schools
Sunday, August 07, 2005
Russert Quizzes Cuomo and Kmiec on Roberts and Religion
San Diego City Atty. Claims Proposed Lease Violates Establishment Clause
Saturday, August 06, 2005
College Resists Unionization On Religious Grounds; Hospitals Back It
New Saudi King Pledges Quran As His Constitution
Friday, August 05, 2005
Hasba Act In Pakistan Province Declared Unconstitutional In Part
"The sections declared ultra vires by the court relate to powers and duties of the mohtasib under which he has to protect and watch the Islamic values and etiquettes and can monitor adherence to moral values of Islam at public places, discourage extravagance, particularly at the time of marriages and other family functions, follow the code of Islam in giving dowry, monitor adherence of Islamic values, its respect and regard at the times of iftar and taraveeh, discourage entertainment shows and business transactions at the times of Eid and Friday prayers around mosques, etc." The Provincial government will apparently now consider an amended bill that takes account of the Court's decision.
Bush Allies Differ With Him On Intelligent Design
On Wednesday, the New York Times reported: "At the White House, where intelligent design has been discussed in a weekly Bible study group, Mr. Bush's science adviser, John H. Marburger 3rd, sought to play down the president's remarks.... [He] said in a telephone interview that "evolution is the cornerstone of modern biology" and "intelligent design is not a scientific concept." Mr. Marburger also said that Mr. Bush's remarks should be interpreted to mean that the president believes that intelligent design should be discussed as part of the "social context" in science classes." (See Jeremy Leaming's discussion of this on The Wall of Separation blog.)
Then on Thursday, Reuters reported that Pennsylvania Republican Senator Rick Santorum also largely rejected President Bush's position. Santorum is quoted as saying: "As far as intelligent design is concerned, I really don't believe it has risen to the level of a scientific theory at this point that we would want to teach it alongside of evolution." But he added: "What we should be teaching are the problems and holes -- and I think there are legitimate problems and holes -- in the theory of evolution. What we need to do is to present those fairly, from a scientific point of view."
MI County Outlaws False Halal and Kosher Labeling
In 2002, in Commack Self Serv v. Weiss, the US Second Circuit Court of Appeals struck down on Establishment Clause grounds a New York statute that prohibited the sale of any food product represented to be "kosher" that has not been prepared "in accordance with the orthodox Hebrew religious requirements .
Some School Prayer Claims Dismissed On Procedural Grounds
EU Objects To Turkey's Draft Law On Property of Minority Religions
Malaysia Charged With Persecuting Sky Kingdom Sect
US Muslim Academics Criticize Anti-Terror Fatwa
Thursday, August 04, 2005
Roberts Religion Clause Briefs Analyzed
"A careful review of the publicly available evidence suggests that John Roberts has put his name to positions solidly within the mainstream of judicial interpretation of the First Amendment religion clauses. As seems to be the case in many other areas of law, he would be careful to stay within the proper bounds of judicial competence and be respectful of the role and judgments of the political branches. Above all, he would apparently continue and perhaps extend somewhat the Court's tendency to look favorably on attempts to accommodate religious expression, not necessarily as a matter of judicially-enforced constitutional right, but rather as a matter of what might be called legislative grace. This deference and "judicial restraint" would require a rethinking of the Court's Establishment Clause jurisprudence, continuing the move away from a mechanical application of the Lemon test and perhaps an abandonment of Sandra Day O'Connor's "endorsement" test, in favor of a return to a focus on the traditional elements of establishment ("force and funds")."