Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, August 11, 2006
Canadian Court Rejects Church's Tax Discrimination Claim
UN Official Assesses Religious Freedom In Maldives
Thursday, August 10, 2006
Buddhist Temple Sues California City For Use Permit
Regulations Issued Under Serbia's New Religion Law
History Of Witness Oaths
California Proposal To Fund Historic Missions Stalls
Coast Guard To Change Religious Head Covering Policy
University Of Wisconsin Refuses To Recognize Student KofC Group
UPDATE: The University of Wisconsin announced that it reached an agreement with the Knights of Columbus yesterday to create a student group open to all students that will be recognized by the University in time for the beginning of Fall semester.
UPDATE: On Thursday, the faculty adviser to the Knights of Columbus denied that an agreement had been reached with the University of Wisconsin.
UPDATE: Later on Thursday, the University apologized for its erroneous announcement of an agreeement with K of C. (Gazette Extra).
Court Rejects Free Exercise Defense To Child Support Order
City Gives Church Use Permit To Avoid Lawsuit
Wednesday, August 09, 2006
Court Refuses To Dismiss Suit By Christian Schools Against UC
En Banc Review To Be Sought In O'Hare Case
New Jersey Supreme Court Expands Sexual Abuse Liability Of Charitable Organizations
State Judge Admonished For Infringing Muslim Woman's Rights
Tuesday, August 08, 2006
Aso Proposes Turning Shrine Into Secular Memorial
2nd Circuit Hears Arguments In Church Anti-Gay Billboard Case
Church Groups Lack Standing To Challenge Lethal Injection
Finnish Court Finds Religious Male Circumcision Illegal
Recent Prisoner Cases
In Balawajder v. Texas Dep't of Criminal Justice Institutional Division, (TX Ct. App., July 31, 2006), a Texas state appeals court reversed a trial court and decided that issues of fact remain in claims by a Hare Krishna inmate brought under the Texas Religious Freedom Restoration Act. The court held that issues remain as to whether the Department has a compelling interest in prohibiting additional storage space for religious materials, even though it allows it for legal and educational materials, and whether the it has a compelling interest to prevent the administrative burden of reviewing prisoners' eligibility for additional storage space for religious materials.
In Henderson v. Berge, (7th Cir., Aug. 3, 2006), the 7th Circuit Court of Appeals rejected a Taoist prisoner's Establishment Clause claim based on a Wisconsin prison's providing a satellite television channel broadcasting Christian programming, but not ones providing programming for other religions.
Monday, August 07, 2006
New Head Of White House Faith-Based Office Appointed
One of the few papers covering the appointment of the Indiana resident was the Indianapolis Star which said that White House officials discovered Hein when, at the suggestion of former Indiana Senator Dan Coates, they went to Hein for suggestions about other candidates for the job.Mr. Hein is the President of the Sagamore Institute for Policy Research, a national think tank he founded that specializes in community-based reforms. Mr. Hein also serves as Executive Vice President and CEO of the Foundation for American Renewal, which provides financial grants and other support to community-based organizations and educates the general public on effective compassion practices.
"Jay has long been a leading voice for compassionate conservatism and a champion of faith and community-based organizations. By joining my Administration, he will help ensure that these organizations receive a warm welcome as government's partner in serving our American neighbors in need," stated President Bush.
Mr. Hein previously was Executive Director of Civil Society Programs at the Hudson Institute. Earlier in his career, he served as a Welfare Reform Policy Assistant to the Governor of the State of Wisconsin...
Planned Katrina Memorial Creates Church-State Issues
The ACLU of Louisiana has protested. Its July 28 open letter to St. Bernard Parish President Henry Rodriguez said that either building a religiously neutral monument or moving the monument to private property would be acceptable. However the Times-Picayune article suggests that now the ACLU is arguing that even if the memorial is placed on private property, there was sufficient government involvement in authorizing it to create Establishment Clause problems.
Cardinal Says Basic British Document Supports Anti-Catholic Attitudes
Sunday, August 06, 2006
Kentucky Schools Rediscovering Old Statute
School Board Wants Private Funds To Defend Jesus Painting
Malaysia Ruling On Jurisdiction In Mixed Family Law Issue
Friday, August 04, 2006
RFRA Challenge To FAA Approval Of O'Hare Expansion Rejected
In a 2-1 decision, the majority held that the expansion plan that will impact the cemetery was developed and will be implemented by the city of Chicago. RFRA applies only to the federal government, not to state and local government action. FAA approval does not turn the city's implementation into into federal action. Judge Griffith dissenting argued that FAA approval of a plan that it screened, studied, chose and modified is enough to require the FAA to comply with RFRA.
In addition, the court the court unanimously held that it lacked jurisdiction to consider a challenge to the FAA letter expressing a nonbinding intention to obligate federal funding for O'Hare's expansion because the letter was not a final order.
The Chicago Tribune covers the court's decision. It explains that additional litigation remains. A suit now before the U.S. 7th Circuit Court of Appeals, among other things, is challenging a 2003 Illinois law that specifically exempted the cemeteries involved from the state's Religious Freedom Restoration Act. (See prior posting.)
Wiccan Veteran's Widow Asks Americans United For Help
More Anti-Conversion Legislation In India
Korean Evangelicals Sent Home From Afghanistan
Senate Hearings On Bill To Deny Attorneys' Fees In Establishment Clause Cases
FLDS Member Gets Light Sentence In Polygamous Sex Charges
Federal Court Hears Arguments On Sectarian City Council Prayer
Recently Available Prisoner Free Exercise Cases
In Andreola v. Wisconsin, 2006 U.S. Dist LEXIS 52968 (ED Wis., July 19, 2006), a Wisconsin federal district court held that federal law precludes the award of compensatory damages in RLUIPA claims by prisoners alleging merely mental or emotional injury. However the court refused to grant defendants summary judgment on a punitive damages claim. The decision came in a long-running suit in which a prisoner alleged that he was denied a kosher diet while incarcerated. In Magistrate Judge P.A. v. Miami-Dade County, 2006 U.S. Dist. LEXIS 52595 (SD Fla., May 16, 2006), a Florida federal district court similarly held that, despite 42 USC 1997e(e), nominal and punitive damages may be recovered for free exercise violations, even though there are no physical injuries from the violations.
In Martinez v. Ortiz, 2006 U.S. Dist. LEXIS 52350 (D. Colo., July 31, 2006), a Colorado federal district court permitted a Native American prisoner to proceed with a claim for injunctive relief, but not for monetary relief, in his free exercise claim stemming from limitations placed on his religious practices.
In Madison v. Kilbourne, 2006 U.S. Dist. LEXIS 52994 (WD Va., July 18, 2006), a Virginia federal district court rejected an inmate's claims that he was denied his rights under the First Amendment and RLUIPA when on one day prison authorities denied him two kosher meals.
Thursday, August 03, 2006
Officials Are Trying To Correct Tax Sale Of St. Louis Synagogue
Pedophile Claims Free Exercise Protections
Las Vegas Sued Over Ban On Feeding Homeless
Canadian Muslim Claims Religious Right To Install Satellite Dish For Condo
Pennsylvania Zoning Ordinance Challenged By Church
Nigerian State Claims Sharia Legal System Is A Success
Wednesday, August 02, 2006
Christian Rock Band Loses Suit Against School That Canceled Concert
The court also rejected the band's claim that it was discriminated against because of its religious identity, in violation of the equal protection clause. The court said, "Where speech is government speech, the government is entitled to exercise control over its presentation... Defendants were entitled to discriminate against Plaintiffs because of their Christian religious identity precisely because the assembly audience might associate that identity with the School...." Moreover, the court said, avoiding a potential Establishment Clause violation is a compelling interest that overcomes any equal protection objection.
Here is the full text of Plaintiff's and Defendant's motions for summary judgment. Today's Toledo Blade covers the case, reporting that plaintiffs say they will take the case to the U.S. 6th Circuit Court of Appeals.
UPDATE: The full opinion is available online thanks to How Appealing.
Moderates Will Regain Control Of Kansas School Board
RLUIPA Claim and Constitutionality Upheld By 9th Circuit
Senate Passes Mt. Soledad Cross Bill Giving Title To U.S.
Former FLDS Member Sues Police Officers Allegedly Controlled By Church
Tuesday, August 01, 2006
ACLU, Fox News, and Religious Expression
Lawyers Ask India's Supreme Court To Change Temple Rules
Charges Dismissed Against Street Preacher In Kansas City
Christians In China Continue Battles With Authorities
Today a Reuters report carried in the Washington Post says that 3,000 Christians demonstrated against police in Hangzhou as authorities moved to tear down their newly-built church that had been constructed without official approval. Two people who were involved in the construction were arrested. The church was located in an industrial suburb where a commercial center was to be built. A local official said that the Christian group had been offered another nearby piece of land for their use. Today's New York Sun also covers the clash between police and church members, and presents a good deal of background information.
Sharia Law In Indonesia
Meanwhile in Jakarta, two of the five candidates for governor have promised that they will oppose any Sharia based laws in the capial city if they win next year's election. Today's Jakarta Post says that the 3 other candidates for governor did not participate in the debate where the statements were made.
Monday, July 31, 2006
How Churches Can Stumble Into Political Contributions That Violate the Tax Code
British Court Awards Damages to Permit Religious Observance
Texas City Says It Has Too Many Churches
Recent Law Review Articles
- William A. Wildhack III, Navy Chaplains at the Crossroads: Navigating the Intersection of Free Speech, Free Exercise, Establishment, and Equal Protection , 51 Naval Law Review 217 (2005).
- Jamie Darin Prenkert & Julie Manning Magid, A Hobson's Choice Model for Religious Accommodation , 43 American Business Law Journal, No. 3 (2006).
From SmartCILP:
- William B. Ewald, The Protestant Revolutions and Western Law (Reviewing Harold J. Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition), 22 Constitutional Commentary 181-196 (2005).
- Christopher B. Harwood, Evaluating the Supreme Court's Establishment Clause Jurisprudence In the Wake of Van Orden v. Perry and McCreary County v. ACLU, 71 Missouri Law Review 317-366 (2006).
- Paul Heaton, Does Religion Really Reduce Crime?, 49 Journal of Law & Economics 147-172 (2006).
- Thomas M. Messner, Can Parachurch Organizations Hire and Fire On the Basis of Religion Without Violating Title VII?, 17 University of Florida Journal of Law & Public Policy 63-106 (2006).
- Elijah L. Milne, Blaine Amendments and Polygamy Laws: The Constitutionality of Anti-Polygamy Laws Targeting Religion, 28 Western New England Law Review 257-292 (2006).
- Daniel F. Piar, Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, and Civil Liberties In Nineteenth Century America. 14 William & Mary Bill of Rights Journal 987-1022 (2006).
The Spring 2006 issue of the Journal of Church and State has recently been published.
Prisoner Free Exercise Decisions
In Davis v. Basting, 2006 U.S. Dist. LEXIS 50787 (WD KY, July 19, 2006), a Kentucky federal district court permitted a prisoner to move ahead with his claims that he should be permitted to receive a Halal diet and attend religious services and his claims of retaliation against him because of his religion.
Sunday, July 30, 2006
Debate In Evangelical Movement Over Political Ties
Chicago Area Church Challenges Zoning Exclusions
UPDATE: Here is a copy of the court's order prohibiting enforcement of the zoning ordinance for 30 days, from Alliance Defense Fund.
Religious Liberty In Asia, Europe Surveyed; Turkey Revises Teachers' Training
The complexities in parts of Europe are illustrated by a story out of Turkey earlier this week reported by AKI. Turkey's secular Higher Board of Education (YOK), which previously moved the training of public school religious teachers from the theology to education departments of universities, has now announced plans for curriculum revision. University programs training teachers to offer courses in religion in Turkey's primary schools will focus less on Islam. A number of courses on Islam have been removed and the time spent on Arabic language instruction has been reduced. In their place, required courses in philosophy, sociology, music, computers, Christianity and missionary activities have been added. Turkey's union of teachers has strongly criticized the changes.
Anti-Conversion Laws In India
Members of the U.S. Congress have also begun to take notice. On July 21, the Congressional Human Rights Caucus held a briefing on Anti-Conversion Legislation in India. One of the presenters (full text) was the The Becket Fund's Angela Wu.
Saturday, July 29, 2006
Free Exercise Challenge Planned In Ban On Feeding Homeless In Parks
Times Tells Of Incidents Behind Delaware School District Lawsuit
Ohio Issues New, Less Onerous, Draft Of Charity Reporting Rules
$36M Charitable Trust Not Available To Diocese Creditors In Bankruptcy
Courts Rule On Employment Claims Against Churches
In Redhead v. Conference of Seventh Day Adventists, 2006 U.S. Dist. LEXIS 51135 (ED NY, July 26, 2006), a New York federal district court held that the "ministerial exception" to Title VII employment discrimination claims does not apply to a teacher in a Seventh Day Adventist elementary school whose duties were primarily secular. The teacher's only religious functions were one hour of Bible instruction per day and attending religious services with students once per year.
A Texas state court of appeals has granted a motion for a rehearing and issued a new opinion in Patton v. Jones, (Tex. 3d Dist. Ct. App., July 28, 2006). In its earlier decision, the court held that the Free Exercise clause prohibited it from proceeding in connection with alleged defamatory communications made by a Church as part of its decision to end the employment of its Director of Youth Ministries. However, the court permitted the Director to proceed with defamation claims that arose out of statements made about him after the Church's decision on his dismissal was final. The revised opinion issued this week also dismisses the claims growing out of the post-termination statements.
China Denies Falun Gong Persecution Stories
The embassy’s statement said: "Falun Gong is an anti-science, anti-humanity and anti-society evil cult which has been banned in China in accordance with law. It uses religion … as camouflage to brainwash and control the practitioners. It preaches that human can, through psychological meditation, from invisible magic wheels inside their bodies, cure their illness without medical treatment. It spreads Dooms Day theory, [and] boasts that Li Hongzhi, founder of Falun Gong, is the most powerful God …."
Friday, July 28, 2006
Orthodox Church Opposes Liberalization Of Ukraine's Religion Law
Igumen Evstraty of the Kiev Patriarchate said that the country's current law is so liberal that: "[I]t's enough to gather ten people and announce whatever you want-even that they want to worship Winnie the Pooh-and they can't be denied registration." A spokesman for the Moscow Patriarchate even called for "non-traditional" faiths to be investigated to determine "whether they cut the throats of babies or exert pressure on the psyches of people." However, a government Department of Religious Affairs official said that every religion has the right to exist and that registration requirements should be the same for all groups.
9th Circuit Hears Arguments In High School Christian Bible Club Case
Belarus Dispute Over Taking Church For Economic Development
When Do Online Security Precautions Violate First Amendment?
Nun Loses In Seeking Canadian Refuge Under Legal Technicality
Georgia Supreme Court OKs Judicial Determination Of Church Membership List
In Malaysia: A Step Forward For Women and Backward For Free Speech
Meanwhile, Malaysia's National Fatwa Council has ruled that women may be appointed by State religious authorities as Syariah judges . However, according to the New Straits Times, the women judges will not be allowed to preside over hudud and qisas cases, i.e. those that deal with offences and punishments that are interpreted by Muslim juristic scholars to be derived from the Quran and the Sunnah. In Malaysia these offenses are found in the Syariah Criminal Code Enactment.
Thursday, July 27, 2006
Prisoner Free Exercise Cases Abound
Greene v. Solano County Jail, 2006 U.S. Dist. LEXIS 50380 (ED CA, July 24, 2006), involved a challenge to the policy at Solano's Claybank facility that precluded maximum security inmates from attending group religious services. A California federal district court agreed with prison authorities that security concerns adequately justified the policy and rejected plaintiff's claims based on the First Amendment, RLUIPA, the Equal Protection Clause and the Eighth Amendment.
In Ha'min v. Montgomery County Sheriffs, 2006 U.S. Dist. LEXIS 50448 (MD TN, July 21, 2006), a Tennessee federal district court judge dismissed the First Amendment claims of a Muslim prisoner who challenged a Tennessee jail's failure to provide regular Friday Muslim religious services and its failure to have copies of the Quran in the jail library while the library did have donated copies of the Bible.
UPDATE: Here is the earlier magistrate's recommendation in the case, 2006 U.S. Dist. LEXIS 73223.
Johnson v. Rees, 2006 U.S. Dist. LEXIS 50556 (ED KY, July 20, 2006) involved rejection by a Kentucky federal district court of a somewhat unusual prisoner Free Exercise and RLUIPA claim. Inmate Johnny Johnson alleged that he is a Jehovah's Witness whose religious faith requires him to "witness" and to distribute religious literature to others. Prison rules permit outside organizations, including the Jehovah's Witnesses, to donate religious literature to the prison's chapel where other inmates are free to take extra copies. But Johnson is not allowed to take that literature and distribute it elsewhere directly to other inmates. The court said that since Johnson can distribute the literature inside the chapel library, he is not totally prevented from engaging in the conduct his faith requires. Only time and place are circumscribed.
Dissent In Washington DOMA Case Argues Establishment Clause
What we ought not to address is marriage as the sacrament or religious rite--an area into which the State is not entitled to intrude at all and which is governed by articles of faith.... As succinctly put by amici ...: "To ban gay civil marriage because some, but not all, religions disfavor it, reflects an impermissible State religious establishment."... After all, we permit civil divorce though many religions prohibit it--why such fierce protection of marriage at its beginning but not its end?...
To many, same-sex relationships and same-sex marriages are contrary to religious teachings. But none of the plaintiffs in the cases before us today seek acceptance of same-sex marriage within a particular religious community. They seek access to civil marriage. Some churches and religious organizations may refuse to solemnize same-sex unions, and that is their right in the free exercise of religion under our constitution. A religious or moral objection to same-sex marriage is not, however, a legitimate state interest that can support the DOMA....
[R]eligious restrictions on the institution of marriage have never governed civil marriage in this country, nor would it be constitutionally permissible for them to do so. For example, historically many religions have strictly forbidden marriage outside of the denomination, but these churches could not prevent interdenominational civil marriages because "marriage was [ultimately] a state matter, not subject to . . . religious restrictions."... This court cannot endorse the use of state law to impose religious sensibilities or religiously-based moral codes on others' most intimate life decisions.... The DOMA reflects a religious viewpoint; religious doctrine should not govern state regulation of civil marriage.
House Members With Opposing Views Have Dinner Over Church-State Issues
Rehearing Denied; Supplemental Opinion Issued In Notre Dame Funding Case
Greek Government To Build Athens' First Mosque
Report On Religious Liberty In The Americas
In the United States, the debate involving the conflict between two different ideas of the separation or distinction between religion and the state institutions is played out at the level of civil and individual rights.Other parts of the report were the subject of a prior posting.
The conflict between American society and the Islamic communities is no exception. The latter complain of attacks against their places of meeting and prayer. They pursue legal paths in their attempts to introduce Koranic law into the legal system as has happened in Canada.
Wednesday, July 26, 2006
Newdow Appeals "In God We Trust" Loss To 9th Circuit
House Bill Proposes Prison Goods and Services For Non-Profits, Including Churches
The legislation would authorize the Attorney General to establish a new FPI [Federal Prison Industries] program in federal prisons that, subject to appropriation of the necessary amounts, would produce goods to be donated to nonprofit organizations instead of being offered for purchase to the federal government. In addition, FPI would be authorized to contract with nonprofit organizations and certain public entities for the use of inmate labor to provide charitable services. The bill would authorize the appropriation of $12 million for fiscal year 2008 and $48 million over the 2008-2011 period for these programs.Section 10 of the bill permits programs to be created to furnish prison-made goods to non-profit or religious organizations that "provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services in the commercial market." Eligible organizations can suggest programs to FPI.
Section 10 more generally permits any religious (or other non-profit) organization that qualifies under Sections 501(c)(3) or 501(d) of the Internal Revenue Code to contract with the Inmate Work Training Administrator to employ inmates at below minimum wage rates. While there are various restrictions insuring that inmates will only provide non-profit services, and that inmates will not be discriminated against on the basis of religion (or on the basis of race, sex, national origin, disability or political belief), nothing in the bill appears to preclude using inmates to perform services that have religious content.
The bill has been approved by the House Judiciary Committee and will move to the full House for a vote.
Cert. Filed In Maine School Voucher Case
Required DNA Sample Does Not Violate Free Exercise Clause
White House Faith-Based Conference In Austin
Liberia Reassures Muslims On Wearing Of Veil
More New Prisoner Cases
In Williams v. Bitner, (3d Cir., July 25, 2006), the Third Circuit Court of Appeals held that prison officials did not have qualified immunity in a claim for damages by a Muslim inmate who alleged that his First Amendment free exercise rights had been violated. Pennsylvania prison authorities had assigned Henry Williams to work as a cook in the prison kitchen. He was disciplined after he refused, on religious grounds, to help prepare a meal that contained pork.
In Scott v. Mecklenburg Correctional Center, 2006 U.S. Dist. LEXIS 49905 (WD Va., July 21, 2006), a Virginia state inmate challenged the prison's refusal to approve his participation in a Bible correspondence course in which he had previously enrolled. He also complained that he was not permitted to take his Bible into the recreation yard. A federal district court found that prison officials had a legitimate interest in restricting transient inmates' participation in long term correspondence courses. They also did not discriminate against plaintiff because no materials, secular or religious, are permitted in the recreation yard.
Native American Religious Concerns Cost Washington State $58M
Washington's Peninsula Daily News yesterday reported that a letter to the auditor investigating the closing down of the project from Allyson Brooks, head of the state Department of Archaeology & Historic Preservation, revealed the true motivation of state officials. She wrote: "the underlying issue . . . is how we incorporate cultural values and religious beliefs into our decision-making processes in a manner that is fair, sensitive, constitutional and still results in a complete project.''
Over 350 bodies of tribal members were reburied after construction began, but the Klallam tribe wanted the remains returned to the Tse-whit-zen site. They believe their ancestors are angry that their remains were removed. Tribal members put red ochre below their eyes when they visit the site to ward off ancestors' anger, and they ceremonially wash with water containing snowberries when they leave so they will not take their ancestor's anger home.