Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, September 21, 2005
Romanian Conference On Religious Liberty
Tuesday, September 20, 2005
Iraqi Catholic Bishops Want Change In Constitution
"See You At The Pole" Is Tomorrow, But Is Already In Court
Meanwhile, in Denver, Colorado, a federal judge refused to order a Pueblo, Colorado high school principal to show a video announcing the SYATP rally at his school. According to today's Pueblo Chieftan, a student group called the Fellowship of Christian Bulldogs asked for the 73-second video to be shown during normal school announcements over closed-circuit television. The principal refused because the video called for students to "pray for your school, family, nation and world." The principal, Miguel Elias insisted that references in the video to "prayer" be changed to "event", in order to avoid the school promoting prayer. The student leader of SYATP refused, saying that students who would show up an hour before school for the rally might be offended, not knowing the event was about prayer. However, U.S. District Judge Lewis Babcock agreed that the principal's position was reasonable. He urged both parties to begin negotiations on how to announce next year's rally.
Justice Department Urges Diplomatic Immunity For Pope
The Noah Alliance
Some Charges Against Macedonian Archbishop Upheld
Law and Religion Scholarship Recently Published
Tawia Ansah, A Terrible Purity: International Law, Morality, Religion, Exclusion, 38 Cornell Int'l. Law Jour. 9-70 (2005).
Justus Reid Weiner, Palestinian Christians: Equal Citizens or Oppressed Minority In a Future Palestinian State, 7 Oregon Review of Int'l. Law 26-222 (2005).
Also just out is Vol. 3, No. 1 of the UCLA Journal of Islamic and Near Eastern Law (2003-04). Included in it are: Anver M. Emon, Toward a Natural Law Theory in Islamic Law: Muslim Juristic Debates on Reason As a Source of Obligation; and Andrew Grossman, "Islamic Land": Group Rights, National Identity and Law.
Newly posted on SSRN:
David E. Guinn, Religion In the Public Square: The Debate, forthcoming in The Encyclopedia of American Civil Liberties.
Monday, September 19, 2005
Malaysia Court Rejects Reflecting Conversion On Identity Card
Mass. Governor Urges Mosque Wiretapping
How about people in settings, mosques for instance, that may be teaching doctrines of hate and terror? Are we monitoring that? Are we wiretapping? Are we following what's going on? Are we seeing who's coming in? Are we seeing who's coming out? Are we eavesdropping, carrying out surveillance on those individuals from places that sponsor domestic terror?
The Anti-Arab Discrimination Committee has called on Romney to repudiate his remarks, but the Governor has refused to do so.
Jewish Naval Academy Chapel Dedicated; Catholic League Issues Equivocal Press Release
Last Thursday, the Catholic League for Religious and Civil Rights issued a somewhat equivocal press release on the topic. While applauding the building of the chapel, it noted that traditional civil liberties groups have not objected to the spending of federal funds on it, while they routinely object to the spending of federal funds for classroom materials for Catholic schools. Catholic League president William Donohue concluded the release with the following rather oversimplified criticism of current First Amendment doctrines: "In other words, prayer rugs can be purchased with federal funds to accommodate suspected Muslim terrorists in Guantanamo Bay, and Jewish chapels can be built with federal monies, but Christian kids can’t sing 'Silent Night' in the classroom. Got it everyone?"
Catholic Leader Calls For Civil Disobedience On Pledge
Now that U.S. District Judge Lawrence Karlton has said he would sign a restraining order banning the recitation of the Pledge of Allegiance in some California school districts, the time has come for patriotic teachers in those schools to practice civil disobedience. They need to lead their students in the Pledge, bellowing the dreaded words "under God." But nothing should be done until the television cameras are in place—the sight of teachers being handcuffed by the police would be an invaluable teaching moment.
Settling this issue in court is fine, but it is inadequate: it’s time to shock the conscience of the nation by bringing this matter directly into their living rooms.
Pres. Bush At Dinner Honoring 350 Years of American Jewish Life
Religious freedom is a foundation of fundamental human and civil rights. And when the United States promotes religious freedom, it is promoting the spread of democracy.... Religious freedom is more than the freedom to practice one's faith. It is also the obligation to respect the faith of others. So to stand for religious freedom, we must expose and confront the ancient hatred of anti-Semitism, wherever it is found....
Under America's system of religious freedom, church and state are separate. Still, we have learned that faith is not solely a private matter. Men and women throughout our history have acted on the words of Scripture and they have made America a better, more hopeful place. When Rabbi Abraham Heschel marched with Martin Luther King, we saw modern-day prophets calling on America to honor its promises. We must allow people of faith to act on their convictions without facing discrimination.
And that's why my administration has started a faith-based and community initiative, to call on the armies of compassion to help heal broken hearts. A few years ago in New York, the Metropolitan Council on Jewish Poverty was discouraged from even applying for federal funds because it had the word "Jewish" in its name. We must end this kind of discrimination if we want America to be a hopeful place.
Sunday, September 18, 2005
Miss. Supreme Court Rules On Priest-Penitent Privilege In Discovery
Peremptory Removal of Clergy As Jurors Unconstitutional
Sabbath Observer Gets Unemployment Compensation
Saturday, September 17, 2005
Bush's Remarks At National Services For Katrina Victims
In this hour of suffering, we're prayerful. In a wounded region, so many placed their faith in a God who hears and helps. And so many are bringing their grief to a Savior acquainted with grief. Our nation joins with them to pray for comfort and sorrow, for the reunion of separated families, and a holy rest for the ones who died.
Through prayer we look for ways to understand the arbitrary harm left by this storm, and the mystery of undeserved suffering. And in our search we're reminded that God's purposes are sometimes impossible to know here on Earth. Yet even as we're humbled by forces we cannot explain, we take comfort in the knowledge that no one is ever stranded beyond God's care. The Creator of wind and water is also the source of even a greater power -- a love that can redeem the worst tragedy, a love that is stronger than death.
County Will Not Send Judge To Florida Christian CLE Program
White House On Faith-Based Initiatives and Katrina
Tom, from Gaithersburg, MD writes: Why does huricane releief have to be "faith based". Why can't people withouth "faith" get huricane relief? Thomas Munro
Jim Towey: Hi Tom. Just to be clear, people without faith are equally eligible to receive disaster assistance. There is not a "faith test" for aid. And people very devout in their faith or with no faith at all have been volunteering and helping serve hot meals to the hungry and house those without home. It has been marvelous to watch.
High School Student Suspended For Handing Out Religious Literature
Friday, September 16, 2005
Faith-Based Initiatives, Katrina and the Jewish Community
NY College Sued Over Denial Of Access By Religious Speaker
Pledge Decision Condemned By Officials; Appeal Planned
U.S. Attorney General Alberto Gonzales issued the following statement:
Also, late Thursday, the U.S. Senate voted to condemn the court ruling (S. Res. 243), according to a report by the Associated Press.For more than two hundred years, many of our expressions of national identity and patriotism have referenced God. The Supreme Court, which opens each session by saying "God save the United States and this honorable Court," has affirmed time and again that such official acknowledgments of our Nation's religious heritage, foundation, and character are constitutional. The Department of Justice will continue vigorously to defend the ability of American schoolchildren to pledge allegiance to the flag.
Meanwhile, the Knights of Columbus, one of the defendants in the case, announced that it planned an immediate appeal.
Baptist Meeting Examines Religious Liberty
Thursday, September 15, 2005
Roberts' Testimony On Church-State
[The Court] has adhered through thick and thin to the Lemon test, probably because they can’t come up with anything better. But the results sometimes, I think, are a little difficult to comprehend.
Prison Ban On White Supremacist Books Upheld
California District Court Finds Pledge In Classrooms Unconstitutional
First the district court denied standing to Michael Newdow, but found that the other plaintiffs who are parents of school children had standing. On the merits, it held that teacher-led recitation the Pledge in school classrooms violates the Establishment Clause because of the pressure placed on students to recite it, but that reciting the Pledge at school board meetings does not create the same kind of coercion. Finally, in an interesting twist, the Court held that since it stands ready, if requested, to enjoin the recitation of the Pledge in classrooms, the parents who are plaintiffs no longer have any injury in fact. Therefore, their challenge to the constitutionality of 4 U.S.C. Sec. 4, which codifies the wording of the Pledge of Allegiance, is rendered moot.
The New York Times today reports that teachers in the Elk Grove Unified School District, one of the Districts involved in the lawsuit, were told to continue leading students in the pledge because the judge's ruling did not include an injunction.
ACLU Questions Use Of Religion By New Mexico Coach
The ACLU went public with its concerns after being unhappy with the response it received to an Aug. 4 letter it wrote to McKay and Athletics Director Rudy Davalos. McKay says he never received the ACLU letter, but denies any improprieties. However, McKay says that the pastor of his church will continue to attend practices, because "he has a great relationship with many of our players."
Summary Judgment Denied In Dover Intelligent Design Case
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."