Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, December 11, 2005
Drawing Lines On Christmas Music In Public Schools
New Scholarly Articles of Note
Symposium on Conscience and the Free Exercise of Religion. Articles by Steven D. Smith, James W. Nickel, Kent Greenawalt, Kevin J. Worthen, Gregory C. Sisk and Martin H. Belsky. 76 Univ. Colorado Law Review 911-1080 (2005).
New on BePress:
David A. Skeel Jr., University of Pennsylvania Law School & William J. Stuntz, Harvard Law School, Christianity and the (Modest) Rule of Law .
Faisal M. Kutty, Osgoode Hall Law School, The Shari'a Factor in International Commercial Arbitration .
Saturday, December 10, 2005
Medicaid Eligibility Claim Raises Possible Church-State Issues
White House Religious Accommodations At Hanukkah Party
Juror's Use of Biblical Verses Does Not Invalidate Death Sentence
Recent Prisoner Cases Involving Religion Issues
In Awala v. People Who Want (Dec. 8, 2005), the U.S. Third Circuit Court of Appeals dismissed as frivolous a prisoner's suit asking the federal district court to overturn the U.S. Supreme Court's Ten Commandments decision and restore all religious monuments that have been removed from court houses around the country.
Friday, December 09, 2005
North Carolina Quran-In-Court Suit Dismissed By Judge
At issue in the case were state laws that allow witnesses to take their oath either on the "Holy Scripture," or without the use of a religious book, or by "affirmation". Interestingly, in court on Monday, Assistant Attorney General Grady L. Balentine, Jr. did not argue plaintiff's lacked of standing. The Greensboro News-Record reported that instead he argued that the statue was constitutional because it permitted witnesses to "affirm" that they will testify truthfully if they do not wish to take an oath on a Christian Bible. On the other hand, ACLU attorney Seth Cohen argued that the statute is unconstitutional if it is not interpreted to include holy texts of non-Christian religions.
UPDATE: The ACLU has announced it will appeal the decision (Dec. 16 Greensboro News-Record).
President Hosts Jewish Educators For Hanukkah Celebration
Last Tuesday was apparently President George W. Bush's day to pay attention to the American Jewish community. The Jewish Telegraphic Agency reports that first on Tuesday the President met with 13 Jewish educators and day-school leaders to focus on his support for school vouchers and other education initiatives -- many of which are controversial in the Jewish community. Then later in the day, the President listened to the West Point Jewish Chapel Choir and hosted the White House's annual Hanukkah party. Invitees this year were several hundred Jewish leaders who are interested in educational issues. The President participated in the symbolic lighting of the Hanukkah Menorah.
The President's remarks (full text) included the following: "earlier today, I met with some of the leaders from our nation's Jewish day schools. As educators who dedicate themselves to teaching the faith and to teaching, they are fulfilling the true lesson of Hanukkah every day of the year. Just as the Maccabees reclaimed their holy temple, these teachers help ensure that Jewish traditions are passed from generation to generation."
The JTA also reported that at the urging of First Lady Laura Bush, this year for the first time the White House kitchen was kashered (made kosher) so that it could be used for preparation of food for the party. Hanukkah does not begin until later this month, but the President will not be available at that time.
Marijuana Seizure Does Not Violate Free Exercise
100th Anniversary of Law Creating Secular France
Suit By Wiccan Prisoner Settled
Thursday, December 08, 2005
White House Sends "Holiday" Cards
Tim Wildmon, president of the American Family Association, said, "Sometimes it's hard to tell whether this is sinister -- it's the purging of Christ from Christmas -- or whether it's just political correctness run amok. I think in the case of the White House, it's just political correctness." He continued, however, "It bothers me that the White House card leaves off any reference to Jesus, while we've got Ramadan celebrations in the White House. What's going on there?" And Catholic League president William A. Donohue said, "They'd better address this, because they're no better than the retailers who have lost the will to say 'Merry Christmas'." [Thanks to Get Religion for the information.]
A copy of the card is available on the Americans United website. [Thanks to No Left Turns for this lead.]
Jewish Group Proposes Changes To Ohio Autopsy Bill
IRS Issues Guidance for Examination of Churches' Political Activities
Instructions from IRS headquarters cautioned agents and managers that contacts with charities "may be perceived as IRS intimidation." The agents were instructed to tell the organization contacted about the basis of the inquiry--such as a church's distribution of candidate ratings--and in some cases ask the organization for a detailed response. The memorandum ... instructed IRS agents and managers on how to implement the service's Political Intervention Project (PIP). The project was intended to put on a fast-track complaints about improper political advocacy by charitable organizations.... IRS is working to clear approximately 130 cases from the 2004 presidential campaign ... including activities by about 50 churches, IRS Exempt Organizations Director Martha Sullivan told BNA....
Capitol Hill Will Have "Christmas" Tree
Jordan Anti-Terror Proposal Would Control Clerics' Rulings
Provincetown Expands Holiday Display
Wednesday, December 07, 2005
ACLU Brings Habeas On Behalf of Catholic Sentenced To Pentecostal Drug Rehab Program
Bible Display At Courthouse Being Argued Today
UPDATE; The Houston Chronicle carries an account of the Court of Appeals arguments. They focus on the purpose of the monument, and especially its 1995 rededication.
Russian Muslims Challenge Cross In Government Emblem
Grant Park Cross Conservancy Wins Suit, Keeps Historic Cross
Tuesday, December 06, 2005
Controversial Kansas Prof. Physically Attacked
UPDATE: The Topeka Capital Journal reports that on Wednesday, Dec. 7, Prof. Mirecki resigned as chairman of the University of Kansas Religious Studies Department.
Cities Sued For Refusing Creche Display
Hearing Today In Portland Archdiocese Bankruptcy Case
Some Say There Is "A War On Christmas"; But Not At White House
"amped-up effort ... by the religious right and its media allies to monitor, lobby, boycott and litigate over the way the country celebrates the holiday season - from school chorales and municipal crèches to retail advertising and seasonal tree-lighting. Leaders say the effort is needed to beat back a war on Christmas and Christianity by "secularists" and liberal groups such as the American Civil Liberties Union.... Critics, however, say it is all an overblown effort to use a hot-button issue to raise money and tempers in pursuit of larger political goals.Meanwhile, last week at the White House, no war on Christmas could be detected. On Thursday, the President lit the National Christmas tree, calling the event "one of the great traditions in our Nation's Capital." He continued, "Each year, we gather here to celebrate the season of hope and joy -- and to remember the story of one humble life that lifted the sights of humanity. " (Full text of remarks.)
Monday, December 05, 2005
Pro-Alito Ads Emphasize Church-State Issues
Charges Against Sikh Student For Carrying Kirpan Dropped
Sunday, December 04, 2005
Newly Posted Scholarship of Interest
Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.
Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .
Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine
Plaintiffs Lose In Two Recent Prisoner Cases
In McClain v. Rogers, (7th Cir., Nov. 30, 2005), a practitioner of Asatru (a religion tied to White supremacist beliefs) sued claiming that prison guards prohibited him from praying alone in the prison yard. He also complained that the chaplain does not allow Asatruars to worship in groups, though members of other religions are may do so. The court held that while there may be an issue of whether the prisoner's praying alone violated the prison rule against "meetings or gatherings" in the prison yard, the issue was not properly raised.
In Smith v. Haley, 2005 U.S. Dist. LEXIS 30454 (MD Ala, Dec. 1, 2005), an Alabama federal district court faced claims brought by a practitioner of Odinism, an ancient pre-Christian faith whose theology is based on historic Icelandic sagas and runic mysticism. By the time the case got to trial, most of his accommodation requests had been met. However, prison officials refused to permit him to use and possess a small quartz crystal, and the prisoner sued, among other things, for damages because this denied him his right to freely practice his religion. The court held, however, that even if the refusal to allow the prisoner to possess a crystal violated his right under RLUIPA, the defendants were entitled to qualified immunity because Smith's right to possess a crystal as part of his practice of Odinism was not clearly established by any law at the time of the actions in question.
Saturday, December 03, 2005
NJ Chabad Can Display Menorah In Park; Other Rabbis Disagree
IRS Complaint Lodged Against Dobson's Focus On The Family
Californa Doctors Can Raise Free Exercise Defense
Churches Threatened By Proposed Indonesian Regulation
Friday, December 02, 2005
AF Academy Evangelism Is Becoming Campaign Issue
Univ. of Kansas Cancels Anti-Creationism Course As NY Museum Discusses Topic
UPDATE: The National Review carries more of Prof. Mirecki's controversial comments. [Thanks to Rick Duncan via Religionlaw listserv.]
Meanwhile, yesterday at at the American Museum of Natural History in New York, a panel of academics discussed evolution vs. intelligent design in connection with the museum's display on Darwin. Reuters today summarizes the panel's remarks.
Highway Patrol Memorials Challenged
Today's Salt Lake Tribune reports on a lawsuit filed in a Utah federal district court yesterday challenging 14 steel crosses placed along Utah roadways to memorialize state Highway Patrol troopers who died nearby in the line of duty. 9 of the 14 crosses are on public land. The suit brought by the American Atheists (AA) seeks to remove the crosses, or at least to remove the Highway Patrol's logo from them. The state director of AA, Michael Rivers, said, "The presence of the UHP logo on a poignant religious symbol is an unconstitutional violation of the United States Constitution. It is government endorsement of religion." But the Utah Highway Patrol Association counters that crosses are used as an international sign of memorial.
Reactions To Indiana Legislative Prayer Ruling
University of Wisconsin Sued Over Restrictions On Dorm RAs
Punishment Increased In North Carolina For Church Break-Ins
Civil Rights Commission Holds Hearings On Campus Anti-Semitism
Thursday, December 01, 2005
Christian Legislative Prayer Enjoined In Indiana; Urged In Colorado City
Meanwhile, in Boulder, Colorado, the Daily Camera yesterday reported that the mayor pro-tem, Randy Ahrens, has suggested that City Council meetings be opened with a prayer to set a positive tone after a contentious campaign season. Two pastors offered prayers at the start of the first meeting of the newly-elected Council on Nov. 15. However, their remarks provoked controversy because both preachers represented Christian churches and invoked the name of Jesus Christ in the prayers. Members of Council seem about evenly split on the proposal.the evidence shows that the official prayers offered to open sessions of the Indiana House of Representatives repeatedly and consistently advance the beliefs that define the Christian religion: the resurrection and divinity of Jesus of Nazareth. The Establishment Clause “means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions).... The sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983). Plaintiffs have standing as Indiana taxpayers to bring their claims, and they are entitled to declaratory and injunctive relief. This relief will not prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.
BC Tribunal Rules On Refusal To Rent KofC Hall For Lesbian Wedding Reception
UPDATE: The Dec. 1 Edmonton Sun News reported that the plaintiffs plan to appeal the Tribunal's decision to the British Columbia Supreme Court, asking it to require religious institutions to disclose their policies to couples before they sign contracts.
Christian Groups Sue Colleges Over Membership Requirements
Israel High Court Asked To Recognize In-Country Non-Orthodox Conversions
Wednesday, November 30, 2005
Public Prayer Protection Act Introduced Into Congress
The bill is similar to another pending piece of federal legislation, the Constitution Restoration Act (HR 1070 and S 520) . Today World Net Daily reports that earlier this month, during a special session of the Louisiana Legislature called to deal with Hurricane Katrina, Louisiana lawmakers passed a Resolution urging Congress to adopt the Constitution Restoration Act.
High School Coach Sues Claiming Right To Pray With Team
Group Praises Churches For Katrina Aid; Opposes Faith-Based Initiatives
Critics of 10 Commandments Display Testify In Michigan
Tuesday, November 29, 2005
Moussaoui Voir Dire May Include Questions On Jurors' Religion
South Carolina City Council Moves To Pre-Meeting Prayer
Drug Store Suspends Objecting Pharmacists Because of Illinois Law
Sweden's Supreme Court Clears Pastor Who Gave Anti-Gay Sermon
UPDATE: Further background information, including a transcript of the offending sermon, can be found on this website devoted to the case.
Location Limit on Church's Parolee Facility Upheld
Monday, November 28, 2005
Alabama Bill Would Place "God Bless America" On Auto Tags
Pakistan Medical School Charged With Religious Discrimination
December Church-State Guidance Offered Online To Public Officials
Idaho City's Homeless Shelter Lease Violates Establishment Clause
Sunday, November 27, 2005
Excerpts From High School Texts In California Litigation
On Thomas Jefferson, from United States History for Christian Schools, written by Timothy Keesee and Mark Sidwell (Bob Jones University, 2001): "American believers can appreciate Jefferson's rich contribution to the development of their nation, but they must beware of his view of Christ as a good teacher but not the incarnate son of God. As the Apostle John said, "Who is a liar but he that denieth that Jesus is the Christ? He is antichrist, that denieth the Father and the Son" (I John 2:22)".
On Mark Twain, from Elements of Literature for Christian Schools, by Ronald Horton, Donalynn Hess and Steven Skeggs (Bob Jones University, 2001): "Twain's outlook was both self-centered and ultimately hopeless. Denying that he was created in the image of God, Twain was able to rid himself of feeling any responsibility to his Creator. At the same time, however, he defiantly cut himself off from God's love. Twain's skepticism was clearly not the honest questioning of a seeker of truth but the deliberate defiance of a confessed rebel."
From Physics for Christian Schools, by R. Terrance Egolf and Linda Shumate (Bob Jones University, 2004): "You are about to embark on an adventure. The study of physics reveals the wonderful orderliness of God's creation - so orderly that it can be comprehended in terms of relatively simple principles (mathematical formulas). ... Physics is important because through it mankind learns how creation actually works. It satisfies our God-given curiosity about nature. Seeing that God does "great things and unsearchable; marvelous things without number" (Job 5:9), men have dedicated their lives to unraveling the rich mysteries of creation."
Saturday, November 26, 2005
Boston "Holiday Tree" Provokes Objections
UPDATE: The Christian Post on Nov. 27 reports that after being threatened by Liberty Counsel with a law suit over changing the name of its tree, Boston Parks Commissioner Toni Pollak told the Boston Herald, "This is a Christmas tree. It's definitely a Christmas tree."
Mother Jones On Church-State
Friday, November 25, 2005
Bankruptcy Disclosure Statement Filed By Archdiocese
Currently the Archdiocese is arguing over which parish and school properties are available to creditors. (See related prior posting about Spokane case.) The disclosure statement says that if the archdiocese prevails, the compensation will be only about half as much as under last week's proposal-- shrinking from $40.5 million to $21.5 million. In the statement, the archdiocese said engaging the property dispute is in no one's best interest, since the case could take years.
The disclosure statement argues the Archdiocese side of the case: "All church property, whether held in the name of the archdiocese, the archbishop, a parish or a school, has been acquired with charitable donations made by parishioners, religious organizations, charitable foundations, and others. As such, the archdiocese asserts that much of the property titled in its name is held in trust, or is otherwise restricted, for the use of the benefit of the parishes, parishioners, parents, students and others who rely on the continued use of such property in order to practice their religion and educate their children, and that certain property is specifically designated for a particular purpose and can only be used for that purpose."
Missouri Stem Cell Initiative and Catholic Opposition
Islam and Freedom of Religion In Malaysia
Faith-Based Prison Programs Grow In Popularity
The Tallahassee Democrat reports on the conversion of Florida's Wakulla Correctional Institution to a faith-based facility. The official designation means inmates must agree to attend religious or non-religious character-building classes and stay out of trouble. If they do not, they will be transferred to other less desirable prisons in the system. There are 3,000 inmates throughout the state on a waiting list for faith-based programs. The classes at Wakulla will be taught by volunteers in order to reduce the likelihood of church-state lawsuits. Wakulla, with its 1662 inmates, is the third prison in Florida to be designated faith-based and is the largest faith-based prison in the U.S.
Alliance Defense Fund Featured
Thursday, November 24, 2005
Historical Thanksgiving Proclamations
unite in rendering unto him our sincere and humble thanks, for his kind care and protection of the People of this country previous to their becoming a Nation, for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war, for the great degree of tranquility, union, and plenty, which we have since enjoyed, for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge and in general for all the great and various favors which he hath been pleased to confer upon us.
Lincoln's proclamation took a more somber tone:
UPDATE: The full text of all Presidential Thanksgiving Proclamations are posted at Pilgrim Hall Museum. Thanks to Joseph M. Knippenberg for this lead, and see his discussion of Thanksgiving Procalmations here and here.And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to his tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquility and Union.
Chabad Seeking To Display Menorahs On Public Property
Yesterday's Boston Jewish Advocate reports that Shrewsbury town selectmen originally refused a Chabad request to place a menorah in the town common. At a Nov. 21 meeting, they decided to retract their refusal, but have not given Chabad permission to display the menorah. In Wellesley, Rabbi Moshe Bleich successfully negotiated the display of a menorah on the town lawn in exchange for an agreement that he would rescind his request to hold a public ceremony. The Chabad rabbis involved argue that displaying a menorah is an important contributor to Jewish pride. Rabbi Michoel Green said, "Lots of Jewish kids here go to public schools and the Jewish kids are out of the loop."
Two New Religious Land Use Cases
The Newtown, Conn. Bee reported yesterday on a Nov. 18 decision by the Danbury, Conn. Superior Court rejecting a Buddhist Temple's challenge to a 2003 Planning & Zoning Commission decision. The Cambodian Buddhist Society of Connecticut had sought to develop 10 acres of property it owns in a residential area with a temple and meeting hall. P&Z members in had unanimously rejected the proposal because it would increased traffic and noise, and would be "far too intense for this particular site." The Buddhist Society appealed the rejection, alleging that it violated the federal Religious Land Use and Institutionalized Persons Act and Connecticut's Religious Freedom Restoration Act. However the court disagreed, finding that: "The society's claim alleging a violation of the equal protection clause is unavailing because the court finds no evidence of selective treatment. The court further finds the society has neither established a 'substantial burden' nor a 'burden' on religious exercise sufficient to meet its prerequisite burden for a [religious freedom] claim...." UPDATE: The opinion is Cambodian Buddhist Society of CT, Inc. v. Newtown Planning & Zoning Commn., 2005 Conn. Super. LEXIS 3158 (Nov. 18, 2005).
San Diego Sets Yom Kippur As School Holiday
Court Turns Down Prisoner Request For Strict Kosher Diet
Wednesday, November 23, 2005
Muslim Prisoner Challenges Worship Practices and State Statute
Wives Of Sect Leader Charged In Malaysia
Injunction Issued, Appeal Filed In Pledge Case
Wisconsin AG Refuses To Issue Opinion On Bible Study In Dorms
Canadians Call For Equal Funding of Religious Schools In Ontario
Tuesday, November 22, 2005
Islam In Russia and Russian Reactions
Guantanamo Detainee Gets Koran, But Not Bible
No Religious Discrimination By New Mexico State Football Coach
Florida Supreme Court Will Decide Wiccan Standing In Tax Case
Graduation Prayer At Arkansas High School Challenged
Mormon Church Liable For Millions For Not Reporting Stepfather's Abuse
Monday, November 21, 2005
Marseille Defies French Secular Governmental Model
Reform Jewish Group Opposes Alito
New Orleans Mayor Uses Religion In Town Hall Meetings
Custody Decree Does Not Infringe Free Exercise Rights
A dissent by Justice Parker argued that the majority should have reversed a part of the trial court's custody decree that ordered Laura to avoid religious training of her daughter that would be disparaging or critical "in any way" of the custodial father's more liberal religious views or practices. Justice Parker argued that "the only interest offered by the trial court to justify stripping Laura of her fundamental right to teach her child the worship of God is that doing so will prevent the daughter from feeling "unnecessarily confused or pressurized [sic]" because of the differences in her parents' religious views and practices. " He found that rationale unpersuasive.
The majority responded: "Nothing in the trial court's order prevents Laura from teaching the child every facet of the Christian faith and every principal [sic.] and lesson contained in the Bible. This can be done by any parent without disparaging or criticizing his or her former spouse."