Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, October 22, 2005
Indiana School Attempts To Accommodate Muslim Children
Some Jewish Groups Oppose DHS Funding for "Hardening" Terror Targets
Repeal of British Blasphemy Laws Urged
Federal Legislation Introduced To Aid Schools Educating Storm Victims
The bill would ban public money from being spent for "religious instruction, proselytization or worship." However, critics of school voucher programs said they favored a model in which public school districts purchase services from private schools but retain oversight over the money. Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State said, "I don't see the difference between this program and a voucher program. This gives millions of dollars in virtually unrestricted cash grants to religious schools."
In the House of Representatives this week, leaders introduced a bill that was much closer to a pure voucher system. It would create accounts for parents of children affected by the hurricane, worth up to $6,700 per student that could be used to attend a public or private school for one year.
Friday, October 21, 2005
9th Circuit Arguments On Islam Role-Playing In Schools
Fired Teacher Claims Religious Discrimination
Ohio Amish Campaign For Votes Against Zoning Restrictions
Egyptian Scholars Warn Against Changes To Constitution
NY's Highest Court Upholds Restrictions On Church's Expansion
Rather, the inquiry was whether the proposed expansion could be accomplished in a manner that mitigated the negative impacts on the surrounding community."
Thursday, October 20, 2005
Rep. Jones Urges Executive Order Lifting Restrictions on Military Chaplains
Changes Proposed For British Religious Hatred Bill
Appellate Court Permits Kindergartener's Claim On Jesus Poster To Go To Trial
The court said: "the district court overlooked evidence that, if construed in the light most favorable to Pecks, suggested that Antonio's poster was censored not because it was unresponsive to the assignment, and not because Weichert and Creme believed that JoAnne Peck rather than Antonio was responsible for the poster's content, but because it offered a religious perspective on the topic of how to save the environment." It went on to say: "however, we do not foreclose the possibility that certain aspects of the record might be developed in such a manner as to disclose a state interest so overriding as to justify ... viewpoint discriminatory censorship. For example, The District has proffered its interest in avoiding the perception of religious endorsement as a rationale for not including Antonio's full poster in the environmental assembly." Yesterday's New York Newsday reported on the decision.
Government Reverses Its Position On Deportation of Persecuted Chinese Christian
On October 4, in a surprise move, DHS filed a "Motion to Reopen and Withdrawal of Appeal" with the Board of Immigration Appeals. Then the DOJ's Board of Immigration Appeals reinstated the original decision of the immigration judge that had allowed respondent Li to stay in the United States.
Will City Pay Plaintiff's Legal Fees In Prayer Case?
AZ Police Suspended For Polygamy
NJ Jail Ends Kosher and Halal Meals
Wednesday, October 19, 2005
Review Of Book On Islamic Law In Secular Asian Courts
FEMA To Aid Rebuilding Religious Social Service Facilities, But Not Churches
Civil Protection Order Does Not Violate Free Exercise
Settlement Offer In Suit Against Air Force Academy
Ark and Torah Added To Pentagon Chapel
Interview With Seamus Hasson On Religious Liberty
The biggest threat [to religious liberty in the U.S.] comes from people who think that religious truth is the enemy of human freedom — that the only good religion is a relativist one.... Practically speaking, the threat comes from lawyers, judges, and political elites who think that nativity scenes and menorahs are like secondhand smoke — something that decent people shouldn't be exposed to in the public square.... The second biggest threat is believers who let themselves be goaded into accepting the same false dichotomy between truth and freedom, only on the other side. They fall into the secularists' trap and think that in order to defend the truths of faith they have to oppose the whole idea of human freedom. Like the bureaucrats in a Cobb County, Georgia, jail who tried to prevent Catholic priests from ministering to prisoners because they were afraid some Protestant prisoners would decide to convert.
Discovery Institute Files Amicus Brief In Kitzmiller
The 34-page amicus brief (full text) argues that there are many secular purposes for teaching the theory of Intelligent design, and that teaching it advances science education and does not primarily advance religion. The brief also has 2 Appendices, one setting out the revised expert report of Stephen C. Meyer, PhD, and the other claiming to document that Intelligent Design makes no claims about the identity or nature of the intelligent cause responsible for life.
Monday, October 17, 2005
New Data On Religiously Motivated Hate Crimes In U.S.
In Philippines, Senator Claims Permitting March Would Violate Establishment Clause
Indian Government Seeks Church Assistance In Health Initiative
Sunday, October 16, 2005
Christian Exodus Movement Attracts Few Supporters
Saturday, October 15, 2005
Court Upholds Size Limits For Church Building
First Edition of "The Bloudy Tenant" Discovered
WI Governor Vetoes Bill Allowing Doctors Religious Objections
Friday, October 14, 2005
Christian Groups Urge Support For Digital TV Multicast Must-Carry Provision
The Chairman of the House Committee on Energy and Commerce, Congressman Joe Barton, (R-TX), and Senator Ted Stevens, Chairman of the Senate Committee on Commerce, Science and Transportation are about to introduce digital television legislation. It is believed that the House Chairman opposes inclusion of a "Multicast Must-Carry" provision which would create the level playing field that religious broadcasters need in order to survive in the digital television environment.
The federal government's mandate for all television stations to convert from analog to digital technology has opened the door for broadcasters to offer more than one channel to their viewers. Conservative, faith-based and family friendly broadcasters will be able to offer up to six channels in each city that they operate in.... "Multicast Must-carry" is the only means for ensuring the ability of the Christian broadcasters to get these new channels on digital television.... The cable companies do not readily carry the Christian networks, so this "Multicast Must-carry" law will force cable and satellite companies to put these new faith and family networks on their service.
Dover Trial Drags On; Students Nonplused
"It's only two sentences," said Tyler Shumaker, a ninth-grader. "It's a real short statement. It isn't going to kill anyone to listen to it." Though he doesn't believe the school should be teaching anything in the statement because he considers it religion, he said they can do what they want. He hasn't heard the statement yet, and he doesn't plan on opting out.
Megan Pfleiger, a 10th-grader, didn't opt out last year, and said, "I thought it was no big deal."
Jonathan Shreve, a senior who didn't hear the statement in class, said, "Personally, I think it's a lot over a little sentence. I know for evolution my class only spent five minutes on it."
Town Official Refuses To Remove "God Bless America" Banners
PrawfsBlawg On Miers Nomination and Religious Issue
Properly speaking, there is no religious test problem here; more broadly, events surrounding this nomination raise questions about transparency and cynicism and make clear that clumsy treatments of the intersection between religion and law are not the sole province of the left, or of the non-religious; and I am disappointed that the Becket Fund, which embraced a broad view of the Religious Test Clause where religion is a disqualification for judicial office, has not been equally liberal in its views of whether religion may permissibly serve as a qualification for judicial office.
Recent Publications Of Interest to Religion Clause Readers
Jay D. Wexler, Intelligent Design and the First Amendment: A Response, Washington University Law Quarterly (forthcoming). [from SSRN]
Victor C. Romero, An "Other" Christian Perspective on Lawrence v. Texas, Journal of Catholic Legal Studies, Vol. 45, No. 1, 2005. [from SSRN]
An updated version of Steven H. Sholk's article, A Guide to Election Year Activities of Section 501(c)(3) Organizations, is in Practising Law Institute's course materials for "Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2005".
Biblical Quote In Courtroom Not Grounds For Reversing Death Sentence
Thursday, October 13, 2005
Suit Claims Pro-Evolution Materials Online Violate Establishment Clause
U.S. Report on China Finds Religious Freedom Problems
Congress created the Commission in 2000 to monitor human rights and the development of the rule of law in China. It is made up of nine Senators, nine House members and five senior Administration officials appointed by the President. The Commission chairman in Nebraska Senator Chuck Hagel.
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.