Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, September 14, 2005
Ontario Premier Wants To Ban Religious Tribunals; Objections Voiced
Cert Filed In Americorps Religious Funding Case
New Scholarly Papers Online
Cornell University Professor Bernadette A. Meyler, The Equal Protection of Free Exercise: Two Approaches and their History .
On Bepress:
McGeorge School of Law Professor Gregory C. Pingree, Rhetorical Holy War: Polygamy, Homosexuality, and the Paradox of Community and Autonomy.
Southwest Missouri State University Professor Kevin Pybas, Two Concepts of Liberalism in Establishment Clause Jurisprudence.
Another 10 Commanments Monument OK'd
UPDATE: Here is the full opinion inthe case, Card v City of Everett.
TX Capital Punishment Laws Do Not Violate Establishment Clause
6th Circuit Upholds RLUIPA On Spending Clause Grounds
Tuesday, September 13, 2005
Two Prisoner Cases From Wisconsin
In Andreola v. Wisconsin, 2005 U.S. Dist. LEXIS 19535 (EDWis., Sept. 2, 2005), a county jail inmate had requested that he be served a kosher diet prepared in separate facilities which he could supervise. The court rejected his First Amendment claim based on a denial of his request, as well as his fraud claim. However, the court permitted more evidence to be introduced on the prisoner's claim under the Religious Land Use and Institutionalized Persons Act.
Raising Legal Fees On eBay By Selling the Decalogue
Temporary Injunction For Churches Against MN Concealed Carry
3 Briefs In O Centro Available
Monday, September 12, 2005
Dutch Court Bars Funding of Christian Party That Discriminates Against Women
Columnist Questions Faith-Based New Orleans Aid
Even when faith-based groups claim to offer social services with no strings attached, one must ask if such detachment is possible.... The problem is redoubled when religiously sponsored good works supply essential needs in place of government responses. Something essential to democracy is at stake here. The rights of citizens to basic relief, especially in times of crisis, are rooted not in charity, but in justice. Charity can be an affront to the dignity of citizenship. Citizens in a democracy, after all, are the owners of government; therefore government help is a form of self-help.
Anti-Sharia Protests In Canada Also Threaten Jewish and Catholic Tribunals
Sunday, September 11, 2005
Idaho Governor's Plans For Dalai Lama Visit Protested
Pastor Claims 9-11 Memorial Design Is Islamic Crescent
World Net Daily reported yesterday that Rev. Ron McRae, head of the Bible Anabaptist Church near Jerome, Pa., is considering going to court to challenge the design that has been approved for the memorial to honor the victims of Flight 93 that crashed in Pennsylvania on 9-11. The memorial will be a mile-long semicircle of red maples surrounding the place near Shanksville, Pa, where the flight's 40 passengers and crew were killed. The pastor argues that the design, called "Crescent of Embrace", is in fact the symbol of Islam. McRae said: "They wouldn't dare put up the Ten Commandments or the cross of Christ, but they're going to put up a red crescent. We're not going to stand idly by and allow this to happen."
Israel's Cabinet Votes To Leave Gaza Synagogue Buildings Standing
UPDATE: On Monday morning, Aljazeera reported that Palestinians set fire to 3 abandoned Gaza synagogues as Israeli troops left the area. A synagouge in Netzarim was bulldozed after a group of youths burned it down.
Saturday, September 10, 2005
Articles On Religion Clause Issues Published Recently
Sheldon H. Nahmod, The Pledge As Sacred Political Ritual, 13 Wm. & Mary Bill of Rights Jour. 771-793 (2005).
Michael deHaven Newsom, Some Kind of Religious Freedom: National Prohibition and the Volstead Act's Exemption For the Religious Use of Wine, 70 Brooklyn Law Rev. 739-888 (2005).
L. Scott Smith, "Religion-Neutral" Jurisprudence: An Examination of Its Meanings and End, 13 Wm. & Mary Bill of Rights Jour. 815-870 (2005).
The Journal of Law and Religion, Vol. 20, Issue 1 has been published. A partial table of contents is available online.
National Days of Prayer and Remembrance Proliferate
Then on Friday, the President issued another Proclamation making September 9 through September 11, 2005 Days of Prayer and Remembrance to honor those killed by terrorism in the attacks of 9-11. The President asked the country to "pay tribute to the memory of those taken from us in the terrorist attacks in New York, in Pennsylvania, and at the Pentagon."
Friday, September 09, 2005
Indiana 10 Commandments OK'd
Native American Prisoner Wins Nominal Damages
Hawaiian Natives File Emergency Appeal On Burial Items
Court TV Excluded From Intelligent Design Trial
Israel High Court Lifts Injunction Against Synagogue Destruction In Gaza
Sixth Circuit Upholds Prison Hair Length Rules
Selective Prosecution Claim Rejected
Thursday, September 08, 2005
AF Academy General Cleared of Final Charges
British Catholic Leader Protests Draft Iraqi Constitution
Today Is Protest Day Against Sharia Courts In Canada
Spokane Diocese Appeals; Others React
Utah State Education Board Rejects Intelligent Design In Science Curriculum
Wednesday, September 07, 2005
Rastafarian Prisoners Punished For Grooming Rule Violations
Residents of Faith-Based Treatment Facilities Retain Food Stamp Eligibility
Another Decision On Gaza Synagogues By Israel's High Court
Reacting to the ruling, the Palestinian Authority Cabinet demanded that Israel demolish or move the synagogues, according to a report today by the Palestine Media Center. Palestinian leaders argue that they will be subject to firece criticism if they destroy the synagogues, but if they do not, the buildings are likely to become a rallying point for radical groups.
Scientology-Based Drug Program Dropped From California Schools
University of Minn. Ends Faith-Health Course After Being Sued
Religious Group Challenges Ohio Library's Meeting Room Use Rule
Uzbekistan Controls Religious Literature
Tuesday, September 06, 2005
Fifth Circuit Finds China's Actions Are Not Religious Persecution
The evidence suggests that the Chinese government condones, or rather tolerates, the Christian faith and seeks to punish only the unregistered aspect of Li’s activities. There is therefore reasonable, substantial, and probative evidence to support the BIA’s decision that Li’s punishment was for his activities and not for his religion.... Clearly, we are faced with a complicated issue in this case. The issue in this case is perplexing not only because it involves affairs of a foreign state that are contrary to our fundamental ideals but also because the line between religious belief and religious activity here is indeed a fine one and it is colored by sensitive political and religious concerns. However, while we may abhor China’s practice of restricting its citizens from gathering in a private home to read the gospel and sing hymns, and abusing offenders, like Li, who commit such acts, that is a moral judgment not a legal one.[Thanks to Brad M. Pardee via Religionlaw listserv for the lead.]
License Suspension In Child Support Case Opposed on Free Exercise Grounds
Australian Islamic Party Wants Sharia For All Aussies
Positions of Jewish Groups On Roberts
Monday, September 05, 2005
Commercial Tenant Claims Haunted Building Violates His Religious Principles
In a classic demonstration of alternative defenses, the owner of the building denies there are ghosts in the building, and argues that even if there are ghosts, they do not interfere with the use of the property. In another defense, the owner says it offered to conduct an exorcism to free the property from the ghosts. Finally, the owner argues that the lessor is a corporation, and corporations do not have religious beliefs.
Minister Blesses Senate Hearing Rooms Before Roberts Hearings
KY County Changes Mind On 10 Commandments Monument
Indonesia President To Remedy Church Closings
Sunday, September 04, 2005
Rehnquist Dies; Legacy Includes Religion Clause Decisions
Chief Justice Rehnquist's impact on the interpretation of the First Amendment religion clauses will likely be seen as one of his most important legacies. In the Fall 2004 issue of Northwestern University Law Review, Prof. Kent Greenawalt reviewed this legacy in an article titled Religion and the Rehnquist Court [LEXIS link]. He begins his analysis by saying: "The Rehnquist Court has turned the constitutional law of religion nearly upside down." Whether one agrees or disagrees with the direction of the changes, most observers would agree with this assessment of the changes that have occurred.
India Supreme Court Refuses Loudspeakers For Religious Festivals
France Considers State Funding of Mosque Construction and Clergy Training
Many politicians oppose a change in the basic law separating church and state as the centennial of the enactment that law approaches in December. Instead, they support another effort that is underway-- the creation of a private foundation that would raise funds, primarily from other countries, to construct mosques. Under this proposal, the source of the funds will be traceable and the handling will be transparent. The new foundation has been approved by the Council of State, France's highest administrative court. The foundation will also become involved with training imams, to help them master the French language and integrate themselves into French culture. However, some in the Islamic community oppose this initiative, fearing that it will lead to partial governmental control of mosques and Islamic organizations.
CLS Settles With Arizona State
Israel's High Court To Reconsider Gaza Synagogue Issue
Today's Jerusalem Post carries a long story on the issue as the larger panel of judges in the High Court prepares for a hearing today. The government claims that leaving the synagogues intact will lead to their desecration by Palestinians and will send an incorrect message that Israel plans a future return to Gaza. The Chief Rabbinical Council says it would be better to have the synagogues destroyed by Palestinians than by IDF soldiers acting on government orders. Others opposing the government's position argue that as a legal matter, the destruction violates various United Nations resolutions, and as a practical matter will hinder efforts to prevent destruction of synagogues in other countries.
UPDATE: Haaretz reports on Sunday that the Palestinian Authority rejected an Israeli request, made through an American mediator, that the PA take responsibility for protection of synagogues in evacuated Gaza settlements.
Saturday, September 03, 2005
License Requirement For Photo Without Veil Upheld
Soledad Cross Conveyance Nixed By Court
This is another in a long series of court decisions on the matter. Here, in a 34-page opinion (full text), the court found that the attempt to justify the cross as a war memorial was largely a pretext. The transfer instead was seen as an attempt to save a religious symbol. The transfer would constitute a preference to Christianity in violation of Art. I, Sec. 4 of the California Constitution, and an aid to religion in violation of Art. XVI, Sec. 5.
Procedural Dismissal of Prisoner's Religious Claim Overturned
The district court dismissed Gormley’s claim for failure to comply with the court's order that he fill out and return USM-285 forms within 20 days. This is the form used to effectuate service of process on the defendant. However, the Court of Appeals found that much of the delay was a result of Gormley being held in lock-down in prison, and was not the result of delay or willful contempt.
Denial of Enlistee's CO Claim Upheld
Friday, September 02, 2005
Order and Opinion of Pakistan Supreme Court In Hasba Bill Case
South African Lawyer May Press Religion Claim At UN Body
Indonesia Court Sentences Christian Women To 3 Years In Prison
Prison Officials Had Qualified Immunity
Congressman Criticizes Air Force Religion Guidelines
Thursday, September 01, 2005
LA Governor Calls For Day of Prayer
NLRB Rejects RFRA Claim of Religious College
Does Establishment Clause Affect Liability Insurance?
Court Accepts VT Magistrate's License Plate Recommendations
Israel's High Court To Face Claim For Equal Treatment of Reform Woman Rabbi
The Religious Action Center's release on the upcoming case says that they are not only seeking a position for Rabbi Gold, but a change in the procedures for qualifying for a salary as a community rabbi.
Prisoner's Establishment Clause Claim Not Ripe
Wednesday, August 31, 2005
Interparliamentary Religious Freedom Conference Will Be In Morocco
New National Survey On Religion and Political Attitudes
The survey finds that by a margin of 51% to 28% , the Republican Party is seen as most concerned with protecting religious values, while by a margin of 52%-30% the Democratic Party is seen as most concerned with protecting the freedom to make personal choices. 44% of those surveyed say that liberals who are not religious have too much control over the Democratic Party, while 45% say that religious conservatives have too much influence over the Republican Party. On evolution and the origins of life, 48% of the public says that humans have evolved over time, while 42% say that living things have existed in their present form since the beginning of time. 64% of those surveyed say they are open to the idea of teaching creationism along with evolution in the public schools, and 38% favors replacing evolution with creationism. Two thirds of respondents say that liberals are going too far in trying to keep religion out of schools and the government. The survey covers a number of other issues as well.
Naval Academy To Continue Lunchtime Prayer
Law Review Articles Recently Published
Jordan C. Budd, Cross Purposes: Remedying the Endorsement of Symbolic Religious Speech, 82 Denver Univ. Law Rev. 183-257 (2004).
Susan J. Stabile, State Attempts To Define Religion: The Ramifications of Applying Mandatory Prescription Contraceptive Coverage Statutes To Religious Employers, 28 Harvard Jour. of Law & Public Policy 741-780 (2005).
Symposium: Religious Education and the Liberal State, 44 Journal of Catholic Legal Studies 57-231 (2005).
Tuesday, August 30, 2005
Complaint in Christian School Challenge to UC Now Online
Air Force Issues Interim Religious Guidelines
The official Air Force release announcing the Guidelines quotes Lt. Gen. Robert A. Brady as saying: "In a world where many nations are torn apart by religious strife, we must understand that our ability to stand together -- those who represent many religions shoulder-to-shoulder with those who claim no religion -- is a great strength."
IL Mosque Loses Bid For New Trial In Claim Against City
Beard Prohibition Deters Recruiting Jewish Military Chaplains
German Court Rules Against Muslim School Teacher
College Instructor Claims Unconstitutional State Religious Endorsement
Monday, August 29, 2005
Americans United Report Opposes Roberts Nomination
At every step of his legal career, Roberts has advanced an exceedingly narrow reading of the constitutional provision that was designed to ensure a healthy separation of church and state. He has time and again advocated a legal standard that jettisons longstanding protections against over-reaching by religious majorities.... Roberts may claim that he took some of these positions because they represented the views of his clients or employers, rather than his own. But if that were so, one would expect to find writings advancing varied positions from a range of perspectives. Instead, Roberts’ writings ... present a remarkably consistent vision: a federal court system that is wholly unreceptive to the Establishment Clause concerns of religious minorities.A press release accompanying the Report quotes AU executive director Rev. Barry W. Lynn as saying: "I urge every senator to read this report and then vote against Roberts' confirmation. I understand why Jerry Falwell and Pat Robertson support Roberts' confirmation. I don't understand why anyone else would."
The American Center for Law and Justice immediately issued a release criticising AU's Report.
New SSRN Postings
Gregory A. Kalscheur, Christian Scripture and American Scripture: An Instructive Analogy?
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders under the Establishment Clause.
No Unemployment Comp Exemption For Christian School In VT
The school claimed that requiring it to pay unemployment compensation violated the First Amendment and the Equal Protection Clause of the Federal Constitution, and the Common Benefits Clause of the Vermont Constitution. However the court disagreed, saying that all of the school’s constitutional arguments were based on its claim that the Vermont distinguishes between religious schools owned or operated by churches and those run independently. However, church-run schools are also subject to the tax, since they are operated for educational, not religious, purposes.
Christian Schools Sue University of California Over Admissions
The UC system requires entering students to have completed certain high school science, English and history courses in order to be admitted, though those who have not can try to obtain admission based solely on their SAT scores. The Universities last year began sending a form letter to many Christian high schools indicating that some courses they teach will not be accepted as meeting the universities’ minimum standards. Courses using two popular Christian biology textbooks that challenge evolution are not acceptable. UC says that the outlines in courses using these are “not consistent with the viewpoints and knowledge generally accepted in the scientific community.” The UC system also rejected a Calvary Chapel Christian School history course titled "Christianity's Influence on American History”, an English course titled “Christianity and Morality in American Literature” and a government course titled “Special Providence: American Government”. [Thanks to Ed Brayton and Allen Asch via Religionlaw listserv for leads on this posting.]
Sunday, August 28, 2005
Petitioner's Brief In O Centro Available
However, the case may be seen as presenting only the narrower issue of what is the appropriate standard for granting a preliminary injunction under the Religious Freedom Restoration Act. (See prior posting.)Whether the Religious Freedom Restoration Act of 1993 ... requires the government to permit the importation, distribution, possession, and use of a Schedule I hallucinogenic controlled substance, where Congress has found that the substance has a high potential for abuse and is unsafe for use even under medical supervision, and where its importation and distribution would violate an international treaty.
Jewish Synagogue Group Endorses Roberts
The Baltimore Jewish Times today reports that this is the first time that USCJ has endorsed a Supreme Court nominee. USCJ is the parent body of Conservative synagogues in the United States and Canada.1) – be well trained, well educated and enjoy wide respect among diverse segments of society.
2) – eschew an ideologically defined approach to judicial interpretation. That is to say, a jurist should be neither an activist for change nor an unalterable opponent thereof.
3) – demonstrate in his or her past decisions a balanced respect for foundational documents, reasonable interpretation and societal realities.
ACLU Sues On Behalf Of Mormon Prisoner
Saturday, August 27, 2005
Parish Properties Part of Diocese Assets In Bankruptcy
The court found that the legal titleholder of all the properties is the “Catholic Bishop of Spokane”. The Bishop is a “corporation sole” under Washington law, and the corporation’s articles provide that all of its property is held by it “in trust for the use, purpose, and benefit and behoof of the Roman Catholic Church of the Diocese of Spokane….” The court also found that even though most of the property had been acquired, improved and maintained from gifts of parish members who thought that their gifts were for the benefit of the individual parish, this does not change the result. The deeds were not in the names of the parishes. [The case has been discussed in media reports by the Associated Press, and is also discussed on Mirror of Justice blog.]
UPDATE: Catholic News Service reports on Aug. 29 that the Bishop of Spokane will appeal the Bankruptcy Court's ruling.
Religious Bias In CA Jury Selection Rejected
Update On Quran In NC Courts
RLUIPA Victory For Michigan Church
Friday, August 26, 2005
NY Divorce Case Interprets "Get" Law
The statute requires the plaintiff in a divorce action to allege that he or she will take all steps within his or her power to remove any barrier to the defendant's remarriage following the divorce. In this case, while the husband was willing to give his wife a "get", he had previously obtained from a Jewish religious court a "Heter"-- a ruling that the wife was a "rebellious woman" who refused to accept a Get. In these civil proceedings, the wife argued that the Heter effectively acted as a barrier to her remarriage, because it branded her as a scandalized woman who could not be trusted to run a Jewish household. The court held that the Establishment Clause precluded it from inquiring into the propriety of the husband's actions in obtaining a Heter, since to do so would amount to unconstitutional entanglement of the court in religious doctrine.
Summary Judgment Denied To Defendants In 2 Prisoner Cases
In Brown v. Johnson, 2005 U.S. Dist. LEXIS 17971 (USDC WD Pa., Aug. 24, 2005), a former Pennsylvania prisoner claimed that prison officials retaliated against him for exercising his First Amendment rights when they confiscated items in his cell and transferred him to the Restricted Housing Unit. Prison officials claimed he was a security threat because he belonged to a group known as the United Nation of Islam-KAM (UNOI-KAM). The court denied defendants' motion for summary judgment because evidence failed to conclusively show that the inmate belonged to UNOI-KAM.
NYC Questions Circumcision Method
Israel High Court Rules On Fate of Gaza Synagogues
According to a report in yesterday's Haaretz, after the High Court's opinion was handed down, the Chief Rabbinical Council, headed by Israeli Chief Rabbis Shlomo Amar and Yonah Metzger, issued a ruling forbidding the demolition of any of the synagogues. They argued that demolishing the synagogues in evacuated settlements will set a precedent that jeopardizes synagogues all around the world.
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".