Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, May 07, 2009
Legislative Invocations Reprinted By Paper
Pontifical Academy of Social Sciences Focuses On Human Rights
Mary Ann Glendon, president of the the Academy, delivered remarks (full text) upon being received by the Pontiff during the plenary session. After focusing on the Church's "long engagement with human rights," she also commented that: "in today's world, ironically, many threats to the dignity of the person have appeared in the guise of human rights."In the middle of the last century, after the vast suffering caused by two terrible world wars and the unspeakable crimes perpetrated by totalitarian ideologies, the international community acquired a new system of international law based on human rights....
The Church's action in promoting human rights is therefore supported by rational reflection, in such a way that these rights can be presented to all people of good will, independently of any religious affiliation they may have. Nevertheless..., human reason must undergo constant purification by faith, insofar as it is always in danger of a certain ethical blindness caused by disordered passions and sin; and, on the other hand, insofar as human rights need to be re-appropriated by every generation and by each individual....
This perspective draws attention to some of the most critical social problems of recent decades, such as the growing awareness - which has in part arisen with globalisation and the present economic crisis - of a flagrant contrast between the equal attribution of rights and the unequal access to the means of attaining those rights. For Christians ... it is a shameful tragedy that one-fifth of humanity still goes hungry. Assuring an adequate food supply, like the protection of vital resources such as water and energy, requires all international leaders to collaborate in ... promoting solidarity and subsidiarity with the weakest regions and peoples of the planet as the most effective strategy for eliminating social inequalities ... and for increasing global security.
Wednesday, May 06, 2009
Judge McConnell, 1st Amendment Expert, Will Move From 10th Circuit To Stanford
DC Council, Over Religious Objections, Votes To Recognize Gay Marriages From Elsewhere
Non-Muslims In Northwest Pakistan Dislocated By Taliban
HUD Swears In Assistant Secretary For Fair Housing
UN Special Rapporteur Evaluates Religious Freedom In Serbia
Cert. Petition To Be Filed In Episcopal Church Property Dispute
UPDATE: Here is the petition for certiorari that was filed on June 24, 2009.
Compliance, Or Not, With Religious Customs Relevant To Suicide Finding
Tuesday, May 05, 2009
Al Jazeera Video Shows U.S. Soldiers Who Want To Proselytize In Afghanistan
While General Order No. 1 issued by the U.S. military's central command specifically bans "proselytising of any religion, faith or practice, "Sergeant Jon Watt tells a group of soldiers: "you can't proselytise, but you can give gifts." In a second report today, Al Jazeera says that the U.S. military has confiscated the Bibles and reprimanded the soldiers who appear in the video. Col. Greg Julian told Al Jazeera: "Most of this is taken out of context ... this is irresponsible and inappropriate journalism.... There is no effort to go out and proselytise to Afghans." [Thanks to Scott Mange for the lead.]
French Trial of Gang Members Accused of Anti-Semitic Torture Is Closed To Press
"Joe the Plumber" Gives His Views on Religion and Politics
New Website On "Islamic Lawfare"
attempts by supporters of radical Islam to suppress free discourse on Islam and terrorism by (1) exploiting Western legal systems and traditions and (2) recruiting state actors and international organizations such as the United Nations.I have added the website to the "Resources" section of the Religion Clause sidebar.
Turkish Author Tried In Abstentia For Insulting Religious Values
Leaders In Hungary Propose Ban on Holocaust Denial and Hate Speech
Claims By Chuch Founder Against City Employees Dismissed
Monday, May 04, 2009
Cert. Denied In Challenge To Marijuana Laws
Controversy Continues Over UNLV's Proposed Policy On Bias Incidents
verbal, written, or physical acts of intimidation, coercion, interference, frivolous claims, discrimination, and sexual or other harassment motivated, in whole or in part, by bias based on actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution.... Bias incidents do not include statements made on controversial issues that serve to promote intellectual inquiry into those issues. While such statements and related discussion can cause feelings of discomfort, a "reasonable person" can and must differentiate these statements from bias incidents.The draft encourages reporting of bias incidents to UNLV police. After the ACLU of Nevada criticized the draft as an unconstitutional infringement on free speech, Nevada's chancellor of public higher education called for the policy to be rewritten. (Las Vegas Sun, 4/27). But now faculty are concerned that UNLV President David Ashley chose Christine Clark, the vice president of diversity and inclusion, to head a task force to review the draft. She helped develop the initial draft, and critics say she ignored their concerns at that time. (Las Vegas Sun, 5/4). The policy was drafted in response to a call by the state Board of Regents last year for all state schools to develop policies on bias incidents. (Las Vegas Sun, 4/25.)
Pakistan Islamists Reject Sharia Court Set Up By Government In Peace Deal
Pope Travels To Jordan, Israel, West Bank At End of This Week
Recent Articles and Books of Interest
- Jessie Hill, Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time, (Duke Law Journal, Vol. 59, January 2010).
- Caroline Mala Corbin, The First Amendment Right Against Compelled Listening, (Boston University Law Review, Vol. 89, 2009).
- Mohamed R. Hassanien, International Law Fights Terrorism in the Muslim World: A Middle Eastern Perspective, 36 Denver Journal of International Law & Policy 221-253 (2008).
- Frank Ravitch, Playing the Proof Game: Intelligent Design and the Law, 113 Penn State Law Review 841-897 (2009).
- Mark Strasser, The Protection and Alienation of Religious Minorities: On the Evolution of the Endorsement Test, 2008 Michigan State Law Review 667-724.
- Symposium--First Amendment Rights in America's Public Schools: From the Schoolhouse Gate to the Courthouse Steps. Welcoming remarks by Rex R. Perschbacher and Alan Brownstein; articles by Vikram David Amer, Kenneth Starr, R. George Wright, Alan Brownstein, Erwin Chemerinsky, Steven K. Green, Joan W. Howarth, Melissa Rogers and Steven D. Smith. 42 UC Davis Law Review 631-1057 (2009).
- Symposium: Islam, Democracy, and Nation Building. Articles by Joseph N. Kickasola, John H. Johns, Stephen Schwartz, Mehrangiz Kar, Thomas Najjar and Jennifer Jefferis; note by Eva M. Robinson. 6 Regent Journal of International Law 271-499 (2008).
- Brian Leiter, Why Tolerate Religion?, 25 Constitutional Commentary 1-27 (2008).
- John Witte, The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered, (Cambridge Univ. Press, April 2009), reviewed by the Center for the Study of Law and Religion.
- T. Jeremy Gunn, Spiritual Weapons: The Cold War and the Forging of an American National Religion, (Praeger Publishers, Dec. 2008), reviewed by the Center for the Study of Law and Religion.
Sunday, May 03, 2009
Q&A on Hate Crimes Bill Seeks To Reassure Religious Leaders
Current federal law only protects against hate crimes based on[Thanks to Michael Lieberman for the lead.]
religion if the person was targeted because they were engaged in a federally protected activity like voting or going to school. The legislation under consideration by Congress would remove that limitation.
5th Circuit: Prison's Rules On Buddhist Services May Violate RLUIPA
1st Amendment Challenge To Termination of Parental Rights Dismissed
Zoning Challenge Dismissed On Ripeness Grounds
New Approach Attempted In Challenge To Drug Laws By Religious Users
UPDATE: In McMahon v. Iowa Board of Pharmacy, (IA Dist. Ct., April 21, 2009), an Iowa state court reviewed a state pharmacy board's action on rescheduling of marijuana under state law and remanded the case to the Board, holding that it must recommend rescheduling to the legislature if it finds that marijuana has an accepted medical use in the U.S. and is safe for use under medical supervision. Plaintiff in the federal case discussed above was an intervenor in the state case. The pleadings and briefs in the case are available here. Extensive background documents, pleadings and briefs in the attempt to obtain federal reclassification are available here. (Also the link in the original posting has been changed to a version of the opinion that is available without a LEXIS subscription.)
Recent Prisoner Free Exercise Cases
A series of similar screening opinions have recently been released by a California federal magistrate judge. In each, she dismisses the complaint, with leave to amend, holding (among other things) that plaintiff has failed to adequately allege that prison restrictions being challenged infringe on his sincerely held religious beliefs. Each of the following is from Magistrate Judge Sandra M. Snyder in the Central District of California: Chavez v. Ahlin, 2009 U.S. Dist. LEXIS 35063 (April 8, 2009); Languein v. Ahlin, 2009 U.S. Dist. LEXIS 35060 (April 8, 2009); Sanchez v. Ahlin, 2009 U.S. Dist. LEXIS 35062 (April 8, 2009); Oliverez v. Albitre, 2009 U.S. Dist. LEXIS 35050 (April 7, 2009); Sumahit v. Ahlin, 2009 U.S. Dist. LEXIS 35205 (April 9, 2009); Angulo v. Ahlin, 2009 U.S. Dist. LEXIS 35452 (April 9, 2009).
In Ellington v. Director of Corrections, 2009 U.S. Dist. LEXIS 34895 (ED CA, March 30, 2009), a California federal magistrate judge dismissed, on grounds of failure to comply with the procedural rule on joinder, plaintiff's claim that he was denied a kosher diet in compliance with his faith, which consists of House of Yahweh, Kaballah, and Hebrew/Islam. Plaintiff was given leave to refile amended complaints.
In Cowart v. Gonzales, 2009 U.S. Dist. LEXIS 34991 (MD GA, Feb. 24, 2009), a Georgia federal magistrate judge recommended granting summary judgment to defendant in a lawsuit claiming that authorities seized religious material from plaintiff's cell and subsequently had the materials destroyed. The court found that plaintiff had failed to exhaust his administrative remedies as to this claim. Another claim alleging withholding of religious mail for one day was dismissed as not interfering with plaintiff's free exercise of religion.
UPI reported last week that a Nebraska judge refused a state prisoner's request to change his name for religious reasons to "Sinner Lawrence Bilskirnir." Plaintiff is an adherent of the Norse religion.
Utah High Court Finds Church's Theft of Funds Violates Anti-Racketeering Statute
The court also reversed the trial court's holding that Hill could not be awarded punitive damages because of "unclean hands." She had failed to produce tax returns showing she had paid taxes on the funds converted by defendants. Since the damages she was awarded were not based on doctrines of equity, the court concluded that "the hygiene of her hands was never at issue." Friday's Salt Lake Tribune reports on the decision.
Saturday, May 02, 2009
Canadian Court Orders More Hearings On Whether Witness Can Wear Niqab
Australian Court Rejects Muslim Man's Claim of Invalidity of Marriage
The court also rejected a a second argument made by husband. He claimed that the marriage is invalid because it is potentially polygamous, since any Muslim man in Australia can take up to 4 wives. The court accepted the argument by wife's counsel that this would lead to the absurd result of every Muslim marriage in Australia being invalid. Today's Australian reports on the decision.
Teacher's Criticism of Creationism Found Violative of Establishment Clause
The court dismissed claims against the school district, and left for later adjudication the question of the remedy that would be granted against Corbett. Yesterday's Orange County Register and OC Weekly report on the decision.
Obama Will Sign Proclamation, But Not Host Ceremony, On National Day of Prayer
The non-governmental National Day of Prayer Task Force (chaired by Shirley Dobson) has extensive events planned for the day, including a program on Capitol Hill from 9:00 a.m. to noon that will be webcast and broadcast on satellite TV channels.
Preliminary Injunction Permits School Posters Advertising See You At The Pole
Finding that the school had created a limited public forum in the school's lobby and hallway for community, educational, charitable, recreational, and similar groups to advertise events of interest to students, the court concluded:
Requiring the Plaintiffs to cover all religious speech on the posters under the guise of a reasonable time, place and manner restriction reflects a misunderstanding of law, with the result that the Defendants stifled religious speech, while the restrictions imposed to stifle the speech were neither reasonable nor viewpoint neutral....Today's Tennessean reports on the decision, as does a release from Alliance Defense Fund.
The posters invite students and parents to attend the event advertised. By its name, it has a religious connotation, but no one is forced to attend or to engage in a religious exercise; no one is made to read the Bible or pray, and no one is bound to sit in attendance while other students or parents pray. No one is required to accept a religious tract or flyer advertising a religious event, pay attention to a poster, or listen to a religious message.... Mere receipt of an invitation to a religious activity does not rise to the level of support for, or participation in, religion or its exercise to create an Establishment Clause problem.
EEOC Gets Settlement In Suit Against Hospital That Refused Leave For Hajj
Friday, May 01, 2009
Souter Announces Retirement From Supreme Court; Here Are His Religion Decisions
Here is a list (with links) of the majority, concurring and dissenting opinions on church-state, religious freedom and religious discrimination issues that Justice Souter has written during his 19 years on the Court.
Majority opinions:
- McCreary County v. ACLU, 545 U.S. 844 (2005).
- Edelman v. Lynchburg College, 535 U.S. 106 (2002).
- Board of Education of Kiryas Joel v. Grumet, 114 S. Ct. 2481 (1994).
- Pleasant Grove City v. Summum, 129 S. Ct. 1125 (2009).
- Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995).
- Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993).
- International Society for Krishna Consciousness v. Lee, 505 U.S. 672 (1992).
- Lee v. Weisman, 505 U.S. 577 (1992).
- Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007).
- Van Orden v. Perry, 545 U.S. 677 (2005).
- Zelman v. Simmons-Harris, 536 U.S. 639 (2002).
- Good News Club v. Milford Central School, 533 U.S. 98 (2001).
- Mitchell v. Helms, 530 U.S. 793 (2000).
- Agostini v. Felton, 521 U.S. 203 (1997).
- Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819 (1995).
(Please let me know of any omissions in the list.) [Updated.] [Thanks to Ed Elfrink and Kevin Pybas for additions.]
USCIRF Issues 2009 Report On Religious Freedom Concerns In Various Countries
The Report also places eleven countries on its "Watch List": Afghanistan, Belarus, Cuba, Egypt, Indonesia, Laos, Russia, Somalia, Tajikistan, Turkey, and Venezuela. (Today's Wall Street Journal carries an op-ed on the growing anti-Semitism in Venezuela.) The Commission calls for close monitoring of Bangladesh, Kazakhstan and Sri Lanka, and says it will issue a report on India later this year after a visit there by USCIRF members.
The USCIRF Report also discusses the role of the OSCE and the United Nations in religious freedom issues and discusses a move by the Organization of the Islamic Conference in the U.N. to limit free speech through banning "defamation of religions." Finally the Report discusses continuing problems in the U.S. policy of expedited removal for asylum seekers. [Thanks to Tom Carter for the lead.]
UN Official Surveys Religious Freedom In Macedonia
The Constitution provides that religious communities and groups are separate from the state and equal before the law. The Government therefore has a delicate role to play.... It ... has to stay even-handed in granting official status to all communities and yet protect the rights of all individuals, whether they are theistic, atheistic or non-theistic believers. A number of my interlocutors pointed to the perception that the two biggest registered religious communities in the country wield considerable political influence and are able to make inroads to the Constitutional concept of separation of state and religion.Ms. Jahangir expressed astonishment at Macedonians' reaction to a recent court decision striking down teaching of religion in the school classroom. She also expressed concern about reports of incitement to racial or religious hatred.
I was encouraged by the reforms made in the 2007 Law on Religious Communities and Religious Groups. It is in line with international human rights standards; however, the implementation of the law has so far not been streamlined, for example with regard to registration issues....
Blogger Sues Police Over Revelation of Identity To Church
RLUIPA Decision On Church Zoning Appealed By County To 10th Circuit
ACLU Suit Challenges Zoning Limits On Church Use For Homeless Shelter
Justice Department Settles Lakewood, NJ Housing Discrimination Case
The defendants transferred or attempted to transfer Hispanic and African American tenants from their apartments located in its most desirable building to make room for Orthodox Jews whom they courted as new tenants from 2002 to 2004. The defendants then assigned the non-Jewish tenants to less desirable apartments in the rear of the property, which had fewer amenities and were less well maintained than the most desirable building at the front of the property. The defendants charged the incoming Jewish tenants less rent than they did to non-Jewish tenants for apartments of similar size.The settlement, which still requires court approval, calls for defendants to pay $170,000 to identified discrimination victims and a $30,000 civil penalty to the government. (See prior related posting.) [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]
Britain To Require Sex Ed In Schools, But With Modifications For Faith Schools
Thursday, April 30, 2009
3rd Circuit Rules On Constitutional Claims By 3 Abortion Protesters
In McTernan v. City of York, Pennsylvania, (3d Cir., April 27, 2009), the court concluded that the burden placed on McTernan delivering his religiously motivated message was not pursuant to a neutral and generally applicable regulation since Clinic personnel, clients and escorts were permitted access to the street. Thus the restriction was subject to a strict scrutiny analysis. The court remanded the case for trial for a jury to determine whether the restriction served a "compelling" governmental interest and was narrowly tailored. The court also remanded McTernan's speech claim for trial. It held that police directives as to speech create potentials for arbitrary enforcement and are subject to heightened scrutiny. It held that factual questions remain as to whether the police restrictions were "narrowly tailored" to further the government's "significant" interest in traffic safety. The court however dismissed certain of McTernan's claims asserting municipal liability.
In Snell v. City of York, Pennsylvania, (3d Cir, April 27, 2009), the court found that no reasonable jury could find that the free exercise restrictions placed on plaintiff were "generally applicable", but remanded for trial on whether there was a "compelling" governmental interest in the restrictions. It remanded his free speech claim for trial on whether police restrictions were "narrowly tailored." The court also remanded Snell's 4th Amendment claim for a jury to decide whether there was probable cause for his disorderly conduct arrest, but rejected his excessive force claim. The court dismissed certain of Snell's claims asserting municipal liability.
In Holman v. City of York, Pennsylvania, (3d Cir., April 27, 2009), the court found that plaintiff failed to demonstrate that any restriction had been placed on his free speech or free exercise rights. The court also found no 4th Amendment violations in Holman's arrest for trespass and affirmed the trial court's grant of summary judgment for defendants.
Alliance Defense Fund issued a release discussing two of the cases. (See prior related posting.)
Obama's First 100 Days Performance On Religion and Faith Is Assessed
In his first 100 days in office, President Obama has sought a bold new role for faith in the White House, which aides say is aimed largely at dialing down the decades-old culture wars. Without changing his party's liberal stances on social issues like abortion, for example, Obama is nonetheless attempting to reach out to religious conservatives by pledging to work toward reducing demand for abortion.... So far, the project has blunted the Christian right's usual criticism of Democratic administrations .... But it has also alienated some traditionally Democratic constituencies, from advocates for strict church-state separation to the gay rights movement. Obama's most substantive move on religion so far has been launching his own version of Bush's faith-based initiative office, tasked with helping religious groups get federal dollars for social service projects for the needy.Americans United used the occasion to issue a "report card" on Obama's handling of church-state issues. It awarded the President an "A" on opposition to theocracy and judicial appointments. Obama received an "A-" on tax aid to religious schools and administration appointments. He received an "Incomplete" on his faith-based initiative.
Senate Judiciary Hearing Held On Nominees for Civil Rights Division, Judgeships
Yesterday, the U.S. Senate Judiciary Committee held a hearing on three nominees (webcast of hearing):
- Thomas E. Perez, to be Assistant Attorney General, Civil Rights Division, Department of Justice. (See prior posting.)
- David F. Hamilton, to be United States Circuit Judge for the Seventh Circuit. (See prior posting.)
- Andre M. Davis, to be United States Circuit Judge for the Fourth Circuit. (See prior posting.)
CQ reports that the most controversial of the nominations is that of David Hamilton. Apparently, this is because as a federal district court judge, Hamilton wrote two decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.) Republicans boycotted the first Judiciary Committee hearing on Hamilton on April 1, claiming that Democrats were moving too quickly on it. Only one Republican (Oklahoma's Tom Coburn) was in attendance yesterday.
Britain's New Equality Bill Published and Introduced Into Commons
Including religion or belief in the new Equality Duty will require public authorities to consider how to eliminate discrimination, advance equality of opportunity and foster good relations for people of different religions or beliefs. This could result in health and social care providers analysing different levels of use of their services between different communities and taking positive steps to ensure access to services and better outcomes. This might, for example, particularly help Muslim women of Bangladeshi and Pakistani origin who have significantly poorer maternal and child health outcomes and are significantly less likely to access ante-natal services, partly because they are concerned they will be unable to receive services from women.
House Passes Hate Crimes Prevention Act
California High Court Will Not Hear Appeal On Expulsion Of Lesbian Students
Suspended Proselytizing Lawyer Sues Charging Conspiracy
UPDATE: The May 7 West Virginia Record reports that Judge Bloom said, in a letter to the state's chief justice, that while he does not believe his religion is grounds for recusal, nevertheless he will recuse himself on the ground that both parties to the case are lawyers who have appeared before him in the past, and are likely to in the future.
UPDATE 2: The May 12 West Virginia Record reports that Circuit Judge Alan D. Moats has been appointed by the state Supreme Court to preside over the trial.
New Hampshire Senate Passes Same-Sex Marriage Bill Different From House Version
Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride," "groom," or "spouse."The bill also provides that a marriage may be solemnized either in a civil ceremony or a religious ceremony, and that neither clergy nor civil officials shall be required to officiate at any civil of religious marriage ceremony that would violate their free exercise of religion. Baptist Press reports that the Senate amendment clearly recognizing a difference between religious and civil ceremonies convinced Senate Judiciary Committee Chairwoman Deborah Reynolds to vote for the bill in the full Senate after opposing it in committee.
Under the bill, previous civil unions will be recognized as marriages in the state. AP reports that New Hampshire Governor John Lynch has said that the crucial issue is providing the same rights and protections to same-sex couples as to others, and that the state's existing civil unions law does that. Thus it is unclear whether the Governor will sign the same-sex marriage bill even if both houses agree on it.
Wednesday, April 29, 2009
Court Enjoins Use of RLDS Name By Break Away Church
Michigan Civil Rights Commission Opposes Proposed Rule On Niqabs In Court
Court Says Former Episcopal Congregation Loses Trust In Break-Off
Israeli Official Suggests Different Name For "Swine Flu"
[UTJ] has joined numerous past coalitions without ever accepting a Cabinet ministry, because its non-Zionist principles do not allow it to become part of the state's ruling establishment. Instead, its leaders have become deputy ministers in departments where the minister's chair is left vacant. Therefore, the party can control an influential, patronage-rich ministry without taking an oath of allegiance to the Jewish state.
Court Says District Council Wrongly Took Local Church's Property
Irish Justice Minister Proposes Blasphemy Law
Court Finds Land Used By Religious Order Is Entitled To Tax Exemption
Tuesday, April 28, 2009
White House Religious Liaison Appointed
Wyoming High Court Finds Free Exercise Claim Improperly Raised In Workers Comp Proceeding
Alaska High Court Rules On Constitutionality of Required TB Test
The Huffmans do not profess to subscribe to any organized religion. They rely solely on their affidavits as evidence of their nontraditional religious beliefs. Their statements use the terms "religion" and "religious beliefs," but they discuss only an opposition to putting harmful substances into the body. The record provides no indication that the Huffmans’ feelings are connected to a comprehensive belief system, set of practices, or connection to ideas about fundamental matters.The court however remanded the case to the lower court for it to consider further plaintiffs' alternative claim that the required TB test violates their privacy interest in making decisions about their children's medical treatments, protected by Article I, sections 1 and 22 of the Alaska Constitution. It instructed the trial court to consider whether alternative tests for TB which do not involve injecting substances into the body could be used effectively to achieve the state's goals.
Mary Ann Glendon Turns Down Notre Dame's Laetare Medal
Florida City Pays Chabad Damges and Attorneys Fees After Losing Zoning Case
Navajos Plan Meeting With Obama Administration On Pending Snowbowl Case
Monday, April 27, 2009
National Mock Trial Championship Refuses Religious Accommodation For Jewish School
In 2005, accommodation was made for a New Jersey Jewish day school, but competition organizers voted to refuse accommodation in future years. Following the 2005 incident, the New Jersey State Bar Foundation and the North Carolina Academy of Trial Lawyers created an alternative American Mock Trial Invitational to permit state high school champions with weekend religious obligations to still enter a national competition. Also in 2007, the U.S. House of Representatives passed a resolution urging the NHSMTC to accommodate religious beliefs of students. (See prior posting.)
UPDATE: Here (via Blog of the Legal Times) is the full text of a letter from counsel for some of the Maimonides students and their parents to the U.S. Justice Department asking it to investigate and take action to remedy the accommodation denial.
Controversial Religious Themed License Plates Being Considered In Florida
The "I Believe" plate which prominently displays a cross over a stained glass window, and directs annual license fees to Faith In Teach[ing], Inc., a religious organization, andFees from the Trinity plate will support the Toomey Foundation for the Natural Sciences. (Trinity plate amendment). The final Senate vote on SB 642 may come as early as today. Opposition by the ADL and ACLU has apparently led to withdrawal of similar proposals for a Trinity plate in the pending House version of the bill. [Thanks to both Scott Mange and Steve Sheinberg for leads.]
The "Trinity" plate which prominently displays a picture of Jesus wearing a crown of thorns with arms spread.
CAIR Calls For Florida GOP Leader To Step Down Over Sponsorship of Anti-Islam Event
Berlin Rejects Referendum For Optional Religion Classes In Schools
Recent Articles and Books of Interest
- Seth Barrett Tillman, Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone's Melville B. Nimmer Memorial Lecture and Essay, (Jan. 27, 2009).
- Paolo G. Carozza & Daniel Philpott, The Catholic Church, Human Rights and Democracy: Convergence and Conflict with the Modern State, (in The Cross, the Crescent and the Ballot Box: Catholic and Islamic Dialogue on the Rule of Law and International Democracy Promotion, Peter Schraeder, ed., Forthcoming; Notre Dame Legal Studies Paper No. 09-15).
- Cynthia Koploy, Free Exorcise Clause? Whether Exorcism Can Survive America's "New Neutrality", (Northwestern University Law Review, Forthcoming).
- Kenneth W. Starr, Our Libertarian Court: Bong Hits and the Enduring Hamiltonian-Jeffersonian Colloquy, (Lewis & Clark Law Review, Vol. 12, No. 1, 2008).
- Linda C. McClain, Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?, (University of Missouri-Kansas City Law Review, Vol. 77, p. 416, 2008).
- Melissa E. Murray, Marriage Rights and Parental Rights: Parents, the State, and Proposition 8, (Stanford Journal of Civil Rights and Civil Liberties, Forthcoming).
- Cosmin Dariescu & Nadia Cerasela Dariescu, Rabbinical Chancery in Romania - An Alternative to the State Organized Courts in Solving Family Litigations?, (International Society of Family Law: Regional Conference in Israel, June 7-9, 2009).
- Ann Laquer Estin, Unofficial Family Law, (February 1, 2009).
From Bepress:
- Abeer Ghazi Jarrar, Combating a Religious Radical Ideology v. Suppressing Islamic Opposition: Jordan’s Approach to Counterterrorism, (Cornell Law School Graduate Student Papers Series, April 14, 2009).
- Sigit Ardianto, From Secularism into Modified Pluralism: Comprehensive Application of John Rawls’s Justice as Fairness Theory in Defining State and Religion Relationship, (Cornell Law School Graduate Student Papers Series, April 14, 2009).
From SmartCILP:
- Geoffrey C. Hazard, Not the City of God: The Multiplicity of Wrongs and Rules, 42 Akron Law Review 1-11 (2009).
Recent Books:
- Jon A. Shields, The Democratic Virtues of the Christian Right, (Princeton University Press, 2009), reviewed by the New York Times.
- ABA Section of State and Local Government Law, RLUIPA Reader: Religious Land Uses, Zoning and the Courts, (Michael S. Giaimo & Lora A. Lucero, eds.) (April 2009).