Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, October 13, 2005
Ontario Labor Board Upholds Employee's Religious Exemption From Joining Union
The employee belonged to a fellowship of believers in Jesus Christ, called the Brethren. A central tenet of theirs is that the Bible permits only one assembly-- the believers of Christ. Membership in a union and all other associations violates this tenet of "separation". The employee also believed in the principle of master and bondsman, which also conflicts with belonging to a union. He owed a loyalty to his employer which would be disturbed if he belonged to a union and it acted on his behalf. The principal requires a direct relationship without a union or any other body as an intermediary. To depend upon a union would detract from his belief that salvation is only through Jesus Christ.
The decision, available in full online is Allan v. I.B.E.W., Local 586 (June 15, 2005).
Wednesday, October 12, 2005
White House Continues To Emphasize Miers' Religious Beliefs
Q Thank you, Mr. President. Why do people in this White House feel it's necessary to tell your supporters that Harriet Miers attends a very conservative Christian church? Is that your strategy to repair the divide that has developed among conservatives over her nominee?The Washington Post reports that earlier Family Research Council leader James Dobson had said that White House aide Karl Rove informed him in advance of the choice of Miers and assured him that "Harriet Miers is an Evangelical Christian, that she is from a very conservative church, which is almost universally pro-life, that she had taken on the American Bar Association on the issue of abortion and fought for a policy that would not be supportive of abortion, that she had been a member of the Texas Right to Life."
PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers' background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers' life is her religion. Part of it has to do with the fact that she was a pioneer woman and a trailblazer in the law in Texas. I remind people that Harriet Miers is one of the -- has been rated consistently one of the top 50 women lawyers in the United States. She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate; otherwise I wouldn't have named her to the bench, which is -- or nominated her to the bench -- which is that she will not legislate from the bench, but strictly interpret the Constitution.
So our outreach program has been just to explain the facts to people. But, more importantly, Harriet is going to be able to explain the facts to the people when she testifies. And people are going to see why I named her -- nominated her to the bench, and she's going to make a great Supreme Court judge.
Prisoner Sues Over Revocation of Kosher Diet
Air Force Withdraws Code Permitting Limited Proselytizing By Chaplains
10 Commandment Cases Won't Go Away
Dworkin Gives Lecture on U.S. Religion and Politics
Cert. Denied In Claim of Wiccan To Deliver Opening Benediction
British Christians Still Fighting Religious Hatred Bill
In the House of Commons Wednesday, Prime Minister Tony Blair defended the proposed law. His remarks are reported by ePolitix.
Tuesday, October 11, 2005
Massachusetts House Supports "Under God" In Pledge
High School Coach Quits After Team Prayer Prohibited
Michigan Pondering 10 Commandments Display
Botswana Group Resists Measles Vaccination On Religious Grounds
The threatened resistance seems to have been carried out. On Monday, Daily News Online reported that since the start of the immunization campaign, which was launched by Botswana's Health Minister Sheila Tlou on October 3, a majority of Bazezuru were reluctant to take their children for immunization.
City Council Resolves To Keep Prayer
Women In Bahrain Press For National Law On Personal Status
Monday, October 10, 2005
Paper Profiles Richard Land
Israeli Government Funds Religious Ads; Shinui Objects
Professor Shimon Sheetrit of the Hebrew University, a legal expert in religion-state issues said, "We are not in a state like the US that has a non-establishment clause or like France that is aggressively secular. We are in Israel, which is Jewish democratic state and provides funding for religious activity. About 95% of Israeli Jews fast on Yom Kippur. That is a clear consensus."
Football Game Prayers Persist In A Few Alabama High Schools
Senate To Hold Hearings On Saudi Literature In U.S. Mosques
Tribes Again Challenging Snow Bowl Development
School Prayer Dispute In Korea
Sunday, October 09, 2005
Another Move Against FLDS Control Of Arizona City
Minority Groups Concerned Over Romania's Proposed Religion Law
District Court Upholds RLUIPA Against Various Constitutional Challenges
Prisoner's Protest of Removal As Sweat Lodge Leader Rejected
Saturday, October 08, 2005
Vatican Entitled To Foreign Sovereign Immunities Act Protection
DOE Withdraws Funding For Alaska Christian College
"Love In Action" Claims Licensing Violates Its Free Exercise Rights
Ministerial Exception Applied To FMLA Claim
Weida Transferred Out Of Air Force Academy
Friday, October 07, 2005
Final Opinion Strikes Down Transfer of Mt. Soledad Cross
In Mississippi, Religious Arguments Intrude Into Casino Legislation
Court Refuses To Dismiss Establishment Clause Claim In Salvation Army Case
However the court permitted a taxpayers' Establishment Clause claim against governmental defendants in the case to proceed. The City of New York and a number of other governmental entities contract with the Salvation Army for the provision of social services. Plaintiffs alleged that government funds were used to finance the Salvation Army's religious discrimination, and that government funds supported indoctrination of clients whom the government compelled to participate in the Salvation Army's Social Services for Children programs.
AF Academy Sued Over Religious Proselytization
Wiccan Students May Wear Pentacles; Club Still In Doubt
Thursday, October 06, 2005
Quebec Court Refuses To Enforce Husband's Agreement To Give Divorcing Wife a "Get"
Alaska Senator Wants To Fund Religious Materials For Homeschoolers
Roy Moore Will Run For AL Governor
State's Placing Children In Overtly Religious Facility Is Establishment Violation
The court recognized that the U.S. Supreme Court has permitted government funds to flow to religious organizations when a subsidy is given by reason of an individual who has used true private choice in selecting that organization. Here, the state places children in Teen Ranch and merely gives them the opportunity to opt out if they object to the religious nature of the program. The court held that this was not sufficient to satisfy the test of true choice required to avoid an Establishment Clause problem.
Family News In Focus today reported that Teen Ranch is considering an appeal to the Sixth Circuit. Teen Ranch claims that the FIS's action amounts to religious discrimination, according to Agape Press.
10th Circuit Upholds Land Sale By City To Mormon Church
New Articles Of Interest Online
Daniel L. Chen and Jo T. Lind, The Political Economy of Beliefs: Why Do Fiscal and Social Conservatives/Liberals Come Hand-In-Hand?
From Bepress:
Gonzaga Law Professor Sharon Keller, The Rules of the Game: "Play in the Joints" Between the Religion Clauses
Max E. Dehn, How It Works: Sobriety Sentencing, the Constitution and Alcoholics Anonymous. A Perspective from AA's Founding Community
How Much of An Issue Will Miers' Religion Be?
Her former law firm colleague, Nathan L. Hecht, now a justice on the Texas Supreme Court recounted the event: "She decided that she wanted faith to be a bigger part of her life. One evening she called me to her office and said she was ready to make a commitment" to accept Jesus Christ as her savior and be born again, he said. He walked down the hallway to her office. There amid the legal briefs and court papers, the two "prayed and talked".
Monday, October 03, 2005
Cert. Denied In Bible-In-Jury Room Case
New Supreme Court Nominee-- Any Clues On Her 1st Amendment Religion Clause Views?
Exodus is both a challenging and gratifying ministry that seeks to encourage ex-offenders, to reunite them with their families, and to empower them to become self-sustaining, productive, Christ-centered members of society. Individuals are needed to help in the Exodus offices to serve as Bible Study leaders, computer instructors, and tutors/mentors. Professional experts, such as doctors, dentists and lawyers, are welcome at Exodus to help with both guidance and more immediate needs.Interestingly, also in listing the community groups in which Miers was involved, the President referred to the full name of one, the Young Women's Christian Association, even though nationally the organization formally calls itself the "YWCA".
President Wishes Happy New Year As Rosh Hashanah Approaches
Moment of Silence Seems To Be Working Constitutionally in Indiana
NYC Urged To Ban Ritual Male Circumcision For Infants
Sunday, October 02, 2005
Post 9-11 Actions Generate Free Exercise Claims
Elmaghraby v. Ashcroft, 2005 U.S. Dist. LEXIS 21434 (E NY, Sept. 27, 2005), involved two Muslim men from Egypt and Pakistan, respectively, who were arrested on criminal charges in the months following 9-11, and detained at the Metropolitan Detention Center ("MDC") Special Housing Unit in Brooklyn. Among their many claims of mistreatment during their confinement were claims of harsher treatment because of their religious beliefs and deliberate interference with their religious practices. Officers banged on their cells while they were praying, routinely confiscated their copies of the Koran, and refused to permit them to participate in Friday prayer services with fellow Muslims, making comments such as "No prayer for terrorists". The court refused to dismiss most of these claims insofar as they were based on alleged violations of the Constitution, but if found that defendants are entitled to qualified immunity insofar as claims allege RFRA violations.
The second case is Islamic American Relief Agency v. Unidentified, 2005 U.S. Dist. LEXIS 21570 (Sept. 15, 2005). The case involves a challenge to action taken by the United States under anti-terrorism legislation to block the assets of the Islamic American Relief Agency. One of the claims was that by blocking its assets, the government interfered with the free exercise of religion of its donors who used the organization to fulfill their religious obligations as Muslims to engage in Zakat (humanitarian charitable giving). The court dismissed the free exercise claim both on the merits and because the organization did not have standing to assert it.
Another 10 Commandments Monument Can Remain
UPDATE: The opinion in the case is now available. Twombly v. City of Fargo, 2005 U.S. Dist. LEXIS 21967 (D ND, Sept. 29, 2005).
Two More Prisoner Free Exercise Cases
In Shaheed-Muhammad v. Dipaolo, 2005 U.S. Dist. LEXIS 21539 (D. Mass, Sept. 28, 2005), plaintiff alleged violations of state and federal religious freedom protections when prison officials, confiscated a religious medallion, failed to provide him with vegetarian meals in accordance with his religious practices; denied him access to The Five Percenter, a newspaper published by the Nation of Islam; and transferred him to another facility in retaliation for asserting his religious freedoms. The court rejected the retaliatory transfer claims, but allowed his other claims to move forward on at least some of the grounds which plaintiff had asserted.
Saturday, October 01, 2005
House of Representatives Recognizes Religious Concerns
Eritrea Sanctioned, Saudis Given More Time On Religious Freedom
Osaka Court Goes Other Way; PM's Shrine Visit Unconstitutional
New Publications
Friday, September 30, 2005
Schools Face Various Church-State Issues This Year
In Raleigh, North Carolina, an activist Christian group has complained that an elementary school unconstitutionally promotes "New Age" beliefs through its stress-reduction class. Elementary school students were asked to do breathing exercises, chant and use their "life forces". The Sacramento Bee reports on the dispute. The organization promoting the classes, Rites of Passage Youth Empowerment Foundation, says it is not involved in religion; it merely enhances students' learning practices.
In Anna, Illinois, a local pastor is collecting signatures to urge the city's junior high school to put back up a painting of The Last Supper and two portraits of Jesus that the school took down earlier this school year. The Southern yesterday reported that the pictures were removed after Americans United For Separation of Church and State threatened to sue. Now the Alliance Defense fund threatens to sue if the school does not return the pictures to its hallway.
And in Kirkland, Washington, Lake Washington High School has its plate full of church-state issues. The Stranger reports that Antioch Bible Church, a conservative anti-gay congregation, rents the school's gym every Sunday to use for religious services. The school district's sex education program is supplemented by an abstinence presentation from a group called SHARE—an affiliate of the religiously based group Life Choices. The SHARE lecture is taught by volunteers, some of whom are recruited from Antioch Bible Church. Then last June, students in the pre-school program that is affiliated with the high school all received a copy of "10 commandments" at their graduation-- not the traditional ones, but still ones that were religious. They instructed parents to "please take me to church regularly" and to realize their kids are "a special gift from God."
Bush Urged To Overrule FAA On Cemetery Seizure
The Becket Fund which represents the cemetery and the church that operates it issued a release yesterday on the controversy. The Illinois legislature has already enacted the O'Hare Modernization Act, excluding the cemetery from state law that protects other cemeteries from seizure.FAA stands poised to grant final approval and federal funds to an airport plan that would dig up the graves at St. Johannes, despite the availability of feasible options that would address flight delays at O’Hare and save the cemetery. Most upsetting, the FAA is about to do this despite its concession that the desecration of St. Johannes would substantially burden the religious exercise of the Church and those who have family and friends buried in St. Johannes’ sacred ground. In other words, the FAA has admitted that its actions establish a prima facie violation of the Church’s rights under RFRA, but insists that reducing flight delays justifies this burden.
Japan Prime Minister Did Not Violate Constitution In Shrine Visit
Groups Urge USCIRF To Designate Turkmenistan
Thursday, September 29, 2005
North Carolina Moves To Dismiss ACLU's Oath Case On Standing Grounds
Moving Demonstrators From Church Does Not Endorse Religion
China Limits Religious Speech On the Internet
Law Favoring Churches Teaching Family Values Questioned
Another Challenge To A Cross On City Property
Lot Size Requirement Only For Churches Violates RLUIPA
Two Rastafarian Prisoner Cases Decided
In Clark v. Briley, 2005 U.S. Dist. LEXIS 21350 (ND Ill., Sept. 26, 2005), an Illinois federal district court held that forcing a Rastafarian prisoner to cut his dreadlocks was the least restrictive means of achieving prison safety and security. His hair could serve as a hiding place of weapons or drugs, a significant risk considering this prisoner's past history. Therefore the court rejected the prisoner's claims under the Religious Land Use and Institutionalized Persons Act and under the First Amendment and granted summary judgment to the defendants.
New Organization Will Counter Religious Right Online
Wednesday, September 28, 2005
Denominational Disputes Over Gay Clergy Are Moving To Civil Courts
Similar disputes are racking the Episcopal Church. Last month (see prior posting), a breakaway Episcopal congregation in California was permitted to keep its church property as it broke away from the parent body in protest over its teachings on homosexuality. Now, according to an Associated Press report yesterday, a more far-ranging federal lawsuit has been filed in Connecticut. In it, six Episcopal parishes at the center of a dispute over gay clergy allege that their civil rights have been violated by Connecticut's bishop, the head of the U.S. Episcopal Church and others.
The priests of the six parishes that filed the lawsuit had asked to be supervised by a different bishop because they disagreed with their bishop's support for the ordination of the Episcopal Church's first openly gay bishop. Interestingly, the lawsuit also names Connecticut Attorney General Richard Blumenthal as a defendant. The suit claims that the state has entangled itself in the religious dispute because state law requires Episcopal parishes to operate under the rules of the Connecticut diocese. The full text of the 67-page complaint in the lawsuit is available online. It asks for an injunction to prevent the parent church from interfering with the dissident parishes, an ejectment order, a declaration that various state statutes relating to the Episcopal Church are unconstitutional, and damages.
School Says Musical Violates Spirit of Church-State Separation
Prisoner Claims TB Testing Violates Religious Freedom
Order On Children's Travel Does Not Violate Mother's 1st Amendment Rights
Tuesday, September 27, 2005
FEMA To Reimburse Churches For Hurricane Relief
Incisive Analysis Of Bible In American Public Life
Political use of Scripture is at once more dangerous and more effective than the rhetorical or evocative. It is more dangerous because it risks the sanctified polarization that has so often attended the identification of a particular political position with the specific will of God. It can also be dangerous for religion. In the telling words of Leon Wieseltier,"the surest way to steal the meaning, and therefore the power, from religion is to deliver it to politics, to enslave it to public life."...
To foreign Roman Catholics during the Civil War, to Quebec nationalists of the 19th century, to American Jews in the first generations of immigration, and to African Americans in the period before the exercise of full civil rights, the Bible was held to be a living book, and it was held to be relevant to the United States. But it was not relevant in the way that those at the center of American influence—be they Bible believers or Bible deniers—felt it was relevant.
Church and Politics In Mexico
Monday, September 26, 2005
What Is The Issue In O Centro?
The government's brief defines the issue in this way. (See prior posting.) On the other hand, the respondent's brief (UDV Church) takes a narrower position-- the issue is the standard for issuing a preliminary injunction under the Religious Freedom Restoration Act. That does seem to be what the 10th Circuit's en banc opinion was about.
More interesting, perhaps, is skirmishing of a different sort that is going on in amicus briefs. Marci A. Hamilton, Professor at Cardozo Law School and church-state expert filed a brief on behalf of two "Tort Claimants Committees", groups of individuals suing the Catholic Church-- in particular, the Archdiocese of Portland and the Diocese of Spokane. Each religious entity has filed for bankruptcy. The claimants are seeking damages for prior sexual abuse, and in each case, the Diocese or Archdiocese is asserting that RFRA shields it from liability in some way. The Tort Claimants Brief argues that the Court should use this case to focus on the constitutionality of RFRA as applied to the federal government, and should hold that the law is unconstitutional. (The brief is available on Westlaw at 2005 WL 1630009). [Update- the brief is also available here.]
The brief argues that RFRA violates the separation of powers, is beyond Congress enumerated powers, and violates the Establishment Clause. While this argument might seem so far removed from the Court's original grant of certiorari that it could be ignored, a large number of civil rights groups have used their entire joint amicus brief to respond to Prof. Hamilton's constitutional arguments. They argue that the Court should not reach the constitutional issue, but, if it does, they urge the Court to uphold the constitutionality of RFRA as it applies to the federal government. Fourteen civil rights groups signed this joint amicus brief-- including some of the most influential groups in the area of church-state law. Among the signers were Becket Fund for Religious Liberty, American Jewish Congress, People for the American Way, American Jewish Committee, and the Unitarian Universalist Association.
States Have Offices For Faith-Based Initiatives
Religious Profiling In New Jersey?
Hughes In Egypt Opposes Religious Extremism, Pushes Religious Freedom
Sunday, September 25, 2005
A Primer For Tomorrow's Dover Intelligent Design Trial
The Pennsylvania Academic Standards require students to learn about Darwin's theory of evolution and eventually to take a standardized test of which evolution is a part. Because Darwin's theory is a theory, it continues to be tested as new evidence is discovered. The theory is not a fact. Gaps in the theory exist for which there is no evidence. A theory is defined as a well-tested explanation that unifies a broad range of observations. Intelligent design is an explanation of the origin of life that differs from Darwin's view. The reference book, "Of Pandas and People," is available for students who might be interested in gaining an understanding of what intelligent design actually involves. With respect to any theory, students are encouraged to keep an open mind. The school leaves the discussion of the origins of life to individual students and their families. As a standards-driven district, class instruction focuses upon preparing students to achieve proficiency on standards-based assessments.Resources on the trial are proliferating. A particularly good source for all the primary legal documents, background and developments is the website created by the National Center for Science Education. The Discovery Institute has set up a website linking to background from the pro-intelligent design point of view. Bloggers are covering developments extensively. Ed Brayton's Dispatches From the Culture Wars is one blog that has been following the case for some time. Finally, among the flood of articles, Live Science's series on evolution vs. intelligent design seems particularly useful.
Crosses In Las Cruces Seal Challenged
This may be a harder case than most, because here the religious symbol is tied closely to the name and history of the city. The Las Cruces Sun-News today points out that the city's name, often translated as "The Crosses", may well have originated from groups of crosses that marked the graves of massacre victims in the area. Plaintiffs in the lawsuit, however, claim that they have been forced to view "the pervasive religious symbols endorsed by the city of Las Cruces and the state of New Mexico," and that they feel excluded from public participation in government activities.
Religious Revival In Mongolia
Saturday, September 24, 2005
Boston Archbishop Urges Signing of Ballot Petition Against Gay Marriage
School's Withdrawal Of Speaking Invite Poses No 1st Amendment Problem
Land Urges Religious Concerns Be Part of Foreign Policy
Land is also president of the Southern Baptist Ethics & Religious Liberty Commission.Future [American] leaders must take religion seriously. Otherwise, foreign policies will fall short. Our leaders must factor religion into domestic and foreign policies [if America hopes to continue to have an impact on peace and freedom around the world.]... If the 20th century was a century of ideology, the 21st century is shaping up to be a century of religion. The more we ignore the reality of how religion plays a role in conflicts, the more problems we will have....
Hindu Group Supports Wiccan In Supreme Court
Lawyer Nikhil Joshi, a member of HAF's Board of Directors said: "This is perhaps the most blatant affirmation of religious discrimination by any court to date. If allowed to stand, the Fourth Circuit’s decision will allow Chesterfield County to continue to selectively dole out certain governmental privileges to members of majority religions over others."
Friday, September 23, 2005
Indian Court Reverses Book Ban
The court says that the book criticizes Bangladesh for becoming a theocratic state, and was not specifically intended to insult Islam. Another report on the court's decision in the Calcutta Telegraph says that the court directed the government to return the books it had seized to the book's publisher. However, after the decision was handed down, the Jamiat-e-Ulama-e-Hind (Council of Muslim Theologians) declared at a rally in Calcutta that the author would not be allowed to enter any district in Bengal. "She has tarnished Islam in her book and must be punished," said its general secretary, Siddikullah Choudhury.
Does FEMA Require Blessing Of Recovered Bodies?
Bet Din To Decide On Case Against Mohel
Teaching Biblical Literacy In Public Schools
Meanwhile, another curriculum for teaching about the Bible in high school which has been severely criticized, has just been revised. Wednesday's Baptist Standard reported that the National Council on Bible Curriculum in Public Schools has issued a revision of its teaching guide, The Bible in History and Literature. The revision reflects a number of the constitutional and academic criticisms that surfaced last month in a review of the curriculum published by the Texas Freedom Network. (See prior posting.)
Jehovah's Witnesses Lose Facial Challenge To Puerto Rico Controlled Access Law
New Religion Clause Scholarship
Francis J. Beckwith, Gimme That Ol' Time Separation: A Review Essay (Reviewing Philip Hamburger, Separation of Church and State.) 8 Chapman Law Rev. 309-327 (2005).
G. Sidney Buchanan, Evolution, Creation-Science, and the Meaning of Primary Religious Puropose, 58 SMU Law Rev. 303-317 (2005).
Posted online:
Robert K. Vischer, Conscience in Context: Pharmacist Rights and the Eroding Moral Marketplace, forthcoming in Stanford Law & Policy Review. (Abstract)
Muslim Firefighter Loses Bid To Keep Beard On Job
Thursday, September 22, 2005
RI Supreme Court Rejects Opening Birth Records Based On Mormon Beliefs
Ballot Measure On Cross In City Seal
ACLU Encourages States To Refuse Abstinence Grants
CA Medical Association Withdraws Original Brief Supporting Doctors' Religious Objections
Court Will Decide Pastor's Claims Against His Former Church
ACLU Urges Anti-Discrimination Provisions In Head-Start
UPDATE: The AP reports that Thursday afternoon, the House, by a vote of 220-196, approved an amendment offered by Rep. John Boehner to provide hiring protections for faith-based Head Start providers. The ADL immediately issued a release criticizing the amendment. It said: "Federally funded religious discrimination is always wrong, and to permit such discrimination in Head Start, an historic anti-poverty program universally acclaimed and present in so many communities across the country, is misguided and dangerous."
Wednesday, September 21, 2005
Sikhs In French Court Challenging Turban Ban In Schools
Court Upholds License Photo Requirement
The Court rejected Valov's First Amendment claim because the photograph requirement is a neutral, generally applicable requirement that is rationally related to achieving the legitimate governmental interests of promoting highway safety, discouraging fraud, and deterring identity theft. In doing so, the Vehicle Code only incidentally burdening Valov's religious beliefs and practices. The Court rejected a free exercise claim under the California Constitution because the photograph requirement was narrowly drawn to achieve compelling and legitimate state purposes.