Some witnesses opposed to same-sex marriage testified concerning their understanding of the meaning and authority of Biblical scripture.... While the Commission also heard considerable testimony to the contrary, it is not the role of this Commission to comment on the merits of religious tenets or faiths of any of the witnesses who testified. This Commission recommends that the civil institution of marriage be extended to same-sex couples.The Review Commission's website links to extensive background material, including transcripts of Commission hearings. An AP story discusses the Commission's report.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, December 11, 2008
New Jersey Panel Recommends Permitting Same-Sex Marriage
Group Criticizes French Report On Religious Sects
would reform laws to limit the free practice of religion of minority groups. Groups on France's "sect" list include Southern Baptists, Hasidic Jews and Buddhists.... [T]he report classes "victims" of sects into three categories: "1) 'followers who are not yet conscious of being victims;' 2) former followers and 3) 'victims' families." The MIVILUDES report further prescribes ways to intervene for 'victims.' The recommendations include having judges place 'consenting victims' under guardianship and the creation of mobile intervention cells each with a psychologist expert on sects who could intervene during police operations or custody matters.The letter to Sarkozy was based on a Memorandum from IRRP's committee of experts which concludes:
These measures contravene fundamental human rights principles articulated in international instruments that France has signed and ratified as well as decisions of the European Court of Human Rights and the UN Human Rights Committee interpreting the right to religious freedom and the State’s corresponding duty of religious neutrality and impartiality. Under these circumstances, these recommendations should not be transposed into law.
Senate Resolution Condemns Mumbai Attack, Opposes Religious Extremism
urges bolstered United States efforts to develop and implement policies and projects to combat all forms of religious extremism, including anti-Semitism, in order to deter the type of targeted attacks like that waged against the Chabad Lubavitch center in Mumbai.Senators Casey and Voinovich, co-sponsors of the Resolution issued a press release announcing Senate passage of the measure.
Sikh Wins Religious Bias Complaint Against CA Corrections Department
11th Circuit Hears Arguments In Christian Fraternity's Bid For Recognition
Court Allows Menorah Again In Downtown Poughkeepsie
After complaints last year, the city adopted a policy barring city workers from helping to put up any displays, but allowing anyone to place religious or secular holiday symbols on a specified city-owned vacant lot. Rabbi Yacov Borenstein wants to continue to use the traditional city site for his display, and wants a city "cherry picker" truck to lift him to the top of the menorah for the daily lighting ceremonies. Trial court Justice James D. Pagones ruled yesterday in favor of Rabbi Borenstein, in part because the city traditionally uses tax money to put up wreaths on downtown utility poles and to decorate Christmas trees on city-owned property. He wrote that excluding the menorah would have the principal effect of promoting Christianity and inhibiting Judaism in violation of the Establishment Clause.
UPDAATE: On Dec. 16, a state appellate court judge refused to stay Judge Pagones' ruling pending appeal. (Poughkeepsie Journal).
Articles Analyze Background of Nigeria's Muslim-Christian Violence
Wednesday, December 10, 2008
Transcript Available Of Today's SCOTUS Arguments In Iqbal Case
Here is the government's description of the issues in its petition for certiorari:
The court of appeals held that cabinet-level officers and other high-ranking officials-in this case, a former Attorney General and the incumbent Director of the FBI-may be subjected to discovery and the demands of litigation (at least through the summary judgment stage) in this Bivens action based on bare and conclusory allegations that they knew about and condoned the allegedly discriminatory actions of much-lower-level officials in the Department of Justice in responding to an unprecedented national-security crisis. In addition, the Second Circuit's decision effectively holds that high- ranking officials-including Cabinet officers-may be held potentially liable in Bivens suits on a constructive notice theory that is tantamount to imposing respondeat superior liability.Today the Los Angeles Times and the AP report on the arguments presented. The full transcript of the arguments is now available, as are all the briefs of the parties and amici.
Today Is 60th Anniversary of Universal Declaration of Human Rights
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.President Bush yesterday issued a Proclamation (full text) declaring December 10 as Human Rights Day; December 15 as Bill of Rights Day; and the week beginning December 10 as Human Rights Week.
In Britain, the National Secular Society is marking the day by launching the "One Law for All" campaign inthe House of Lords-- a campaign against the use of Sharia law in Britain. According to an NSS press release: "The campaign calls on the UK government to recognise that Sharia law is arbitrary and discriminatory and for an end to Sharia courts and all religious tribunals on the basis that they work against and not for equality and human rights. The campaign also calls for the Arbitration Act 1996 to be amended so that all religious tribunals are banned from operating within and outside of the legal system."
Arizona Supreme Court Hears Arguments On School Vouchers
Sacristan Gets Unemployment Comp Despite Firing For Opposing Parish Policy
Proposal To Protect Scientology From Picketing Tabled
Oral Arguments Heard In Missouri Baptist Dispute
Ads Countering Humanists To Appear On D.C. Busses
Tuesday, December 09, 2008
ABC Interview With Bush Includes Extensive Discussion of Religious Views
I think evolution can -- you're getting me way out of my lane here. I'm just a simple president. But it's, I think that God created the Earth, created the world; I think the creation of the world is so mysterious it requires something as large as an almighty, and I don't think it's incompatible with the scientific proof that there is evolution.Asked about the development of his personal faith, Bush said:
It is hard for me to justify or prove the mystery of the Almighty in my life. All I can just tell you is that I got back into religion and I quit drinking shortly thereafter and I asked for help -- I was a one-step program guy.In the interview, Bush rejected the notion that he was chosen by God to be president, and the suggestion that his decision to go to war in Iraq was based on his religious views.
6th Circuit Upholds Michigan's Exclusion of Biblical Quotes From Advocate Directory
The Agency removed Biblical quotations that plaintiffs wished to include in their profiles that UIA sent out to claimants. Clients had previously been attracted to plaintiffs because of those references. The court held that the current compilation, using a required template that limits the form and style of biographical information presented, is government speech. So UIA can make content-based choices to limit published information to narrow professional biographical data. An earlier, more open-ended version, of the listings arguably were not government speech. However they were a non-public forum, in which the UIA could impose reasonable, content-based regulation. (See prior related posting.)
Denial of Equal Protection To Jews Claimed In Appeal of Bail Denial
In appealing the magistrate's order to the court, defendant argued first that the extradition treaty with Israel made reliance on the Law of Return useless. Defendant went on to argue that invoking the Law of Return violated his equal protection rights. The brief argues that a rule which treats Jews differently is subject to strict scrutiny. It went on:
The government clearly has a compelling interest in insuring that defendants are present at trial.... But it has no compelling interest in a rule that Jews are a heightened bail risk, for the simple reason that is has failed to demonstrate any statistical correlation between Jews and flight risk. In other words, the government introduced no evidence that Jews are more likely to flee because of the Law of Return than non-Jews. An unproven assumption is fatal in a case subject to strict scrutiny.... Moreover, there are clearly narrower, tailored measures, that would be effective rather than subjecting Jews to a different set of standards.JTA reported on these developments yesterday.
UPDATE: Here is the full text of the magistrate's Nov. 20, 2008 Order for Detention denying bail, thanks to Volokh Conspiracy.
President Bush Sends Muslims Greetings On Eid al-Adha
Cert. Denied In Case On Religious Candy Canes In School
Another Appeal To 5th Circuit Filed In World Wide Street Preachers Case
Raelians Threaten To Sue Las Vegas Police For Airport Discrimination
2nd Circuit Hears Arguments In Vermont License Plate Case
Monday, December 08, 2008
President Bush Gives Half-Hour Interview To Saudi TV Network
Q: Sir, some people say that the war on terror is a war on Islam.... Yet you went to the first mosque after 9/11 and you spoke there. How do you convince people in the Middle East that George Bush is not fighting a war against Islam?
THE PRESIDENT: ... [I]t troubles my soul, because I believe we're all God's children. And I hear people say, George Bush doesn't like Muslims; he wants to fight Muslims.... But I am objecting to anybody who murders innocent people to achieve their objectives. I don't think people who murder in the name of religion are truly religious people. And secondly, I would hope that people would know that when we try to use some of our influence to help on education programs ... or we welcome students, Saudi students, to the United States to study here, that it's a sign of respect and a sign of my desire to reach out to all people regardless of their religion.
Vietnam Court Gives Suspended Sentence To Catholic Demonstrators
Title VII's Religious Organization Exclusion Held Non-Jurisdictional
Religious Worker Visa Rules Have Been Amended
religious organizations seeking the admission to the United States of nonimmigrant religious workers to file formal petitions with USCIS on behalf of such workers.... USCIS will conduct inspections, evaluations, verifications, and compliance reviews of religious organizations to ensure the legitimacy of the petitioner and statements made in the petitions. This rule adds and amends definitions and evidentiary requirements for both religious organizations and religious workers. Finally, this rule amends how USCIS regulations reference the sunset date by which special immigrant religious workers, other than ministers, must immigrate or adjust status to permanent residence.The new rules appear to answer prospectively an issue left open by the 9th Circuit in a decision handed down last week. In order to qualify as a "religious occupation," among other things the duites may not be "primarily administrative or support such as janitors, maintence workers, clerical employees, fund raisers, persons solely involved in the solicitation of dontations, or similar positions, although limited administrative duties that are only incidental to religious functions ar permissible."
Responding to criticism of the rules as they were originally proposed in 2007 (see prior posting), USCIS announced:
The final rule also removes the examples of employment positions from the proposed definition of "religious occupation.'' The listed employment positions were only examples, but commenters appeared to believe that the examples represented an exhaustive or biased list of employment positions that were eligible for religious worker status and that the list was tailored only to Judeo-Christian organizations. USCIS has removed those examples to eliminate confusion. The final rule, however, clarifies that religious organizations must submit evidence identifying religious occupations that are specific to that denomination.
India's Supreme Court Says Marriage By Christian Under Hindu Marriage Act Is Void
Recent Articles and Book of Interest
- Donald R. Davis, Jr., Before Virtue: Halakhah, Dharmasa, and What Law Can Create, 71 Law & Contemporary Problems 99-108 (2008).
- Laura Dudley Jenkins, Legal Limits on Religious Conversion in India, 71 Law & Contemporary Problems 109-127 (2008).
- Martha Nussbaum, David C. Baum Memorial Lecture. Living Together: The Roots of Respect, 2008 University of Illinois Law Review 1623-1641.
New Book:
- Zaki Cooper and Guy Lodge (Eds.), Faith in the Nation:Religion, Identity and the Public Realm in Britain Today, (IPPR, Dec. 2008), reviewed in the Times of London.
Group Calls for Removal of Texas State Board of Education Member
Sunday, December 07, 2008
Texas County Denies Televangelist Tax Exemption Because of Secrecy on Salaries
Recent Prisoner and Institutional Free Exercise Cases
In Hawkins v. Ferriter, 2008 U.S. Dist. LEXIS 98220 (D MT, Dec. 4, 2008), a Montana federal district court dismissed a prisoner's free exercise claim against Montana Governor Brian Schweitzer. Plaintiff had alleged that the Governor holds authority over the workings of the Montana State Prison and harbors "anti-Catholic feelings."
In Marr v. Foy, 2008 U.S. Dist. LEXIS 97891 (WD MI, Dec. 3, 2008), a Michigan federal district judge affirmed a federal magistrate's order denying plaintiff prisoner's motion for appointment of counsel in a suit alleging free exercise and RLUIPA violations. The suit alleges that in retaliation for his requesting kosher food, authorities assigned plaintiff to work as a "midnight porter" which interfered with his daytime religious study and worship.
CBN News reports (Dec. 4) that the ACLU of New Jersey has filed a lawsuit against New Jersey prison authorities on behalf of inmate Howard N. Thompson Jr., an ordained Pentecostal minister, challenging a 2007 ban imposed by the New Jersey Corrections Department on preaching by inmates.
California Housing Discrimination Case Settled
Samoan Council of Churches Wants To Limit Entry of New Religions To Country
Saturday, December 06, 2008
Nebraska High Court Rejects Free Exercise Challenge To Newborn Screening Law
Palestinian Infighting Prevents Gazans From Making Hajj
9th Circuit Defines Religious Workers For Visa Purposes
UPDATE: As noted by a commenter, the religious worker regulations that are the subject of this decision have recently been amended. The amendments appear to resolve prospectively the issue left open by this decision. See this posting for details.
Many React To Anti-Religion Sign In State Capitol Display
Bill O’Reilly on Fox News carried a segment (full text)on Tuesday night that was critical of the FFRF display. That led to the Governor’s office receiving over 200 calls per hour objecting to the sign. Governor Chris Gregoire and Attorney General Rob McKenna issued a statement defending the state’s non-discriminatory policy, saying that the state capitol "belongs to all citizens of Washington state." These developments are reported by CNN, KATU News and the AP. [Thanks to Scott Mange for the lead.]
7th Circuit En Banc Upholds Damages Against Muslim Groups For Financing Hamas
Anyone who knowingly contributes to the nonviolent wing of an organization that he knows to engage in terrorism is knowingly contributing to the organization’s terrorist activities. And that is the only knowledge that can reasonably be required as a premise for liability. To require proof that the donor intended that his contribution be used for terrorism—to make a benign intent a defense— would as a practical matter eliminate donor liability except in cases in which the donor was foolish enough to admit his true intent.The court also said that donors to terrorism should not be able to escape liability just because "terrorists and their supporters launder donations trough a chain of intermediate organizations." The court also rejected the 7th Circuit panel's conclusion that there was not sufficient evidence to find Hamas was responsible the teenager's death.
The court remanded for further trial the question of liability of the Holy Land Foundation, finding that the district court had wrongly applied the doctrine of collateral estoppel in holding it liable. The court reversed the judgment against an individual, Muhammad Salah, because his contributions pre-dated the effective date of a critical portion of the statutes under which the suit was brought. Judges Rovner, Williams and Wood dissented in two separate opinions. Bloomberg and IPT News both reported on the decision earlier this week. [Thanks to Jewish Delaware for the lead.]
Brookings Report Advises Obama On Continuation of Faith-Based Initiative
Friday, December 05, 2008
Russian Orthodox Patriarch Alexy II Dies
Times Ad Condemns Violence Against LDS Church For Its Prop 8 Support
In a press release on the ad, Interfaith Alliance President C. Welton Gaddy said: "I am pleased to see the newfound commitment of some of my friends on the right to fight against anti-religious bigotry and violence against houses of worship.... [However] I do wonder if the signers will be willing to spend tens-of-thousands of dollars along with their prestige the next time a primarily gay congregation’s legitimacy is called in to question, or a mosque is targeted for harassment." Towleroad blog has additional background on the ad.
Irish Broadcasting Commission Rejects Christmas Ads From Catholic Bishops
NY Appellate Court: Civil Courts Can Require Inspection of Church Records
The Appellate Division held that the claim for production of church books and records (N-PCL Sec. 621) could be decided without examining issues of religious doctrine. The Appellate Division upheld dismissal of the remainder of the claims, but on the ground that since they were asserting rights of the church, they needed to be brought as a derivative action and the special procedural requirements of such actions needed to be met. (N-PCL Sec. 623). [Thanks to J.J. Landa for the lead.]
Saudi Ministry Prepares For Hajj Pilgrims
Tourist Council Treads Carefully In Funding for Christian Music Festival
European Court of Human Rights Upholds French Limit on Head Scarves In Schools
[T]he purpose of the restriction on the applicants' right to manifest their religious convictions was to adhere to the requirements of secularism in state schools..... [N]ational authorities were obliged to take great care to ensure that, in keeping with the principle of respect for pluralism and the freedom of others, the manifestation by pupils of their religious beliefs on school premises did not take on the nature of an ostentatious act that would constitute a source of pressure and exclusion. In the Court's view, that concern did indeed appear to have been answered by the French secular model.Yesterday's Irish Times and Today's Zaman reported on the decision.
In the applicants' cases the Court considered that the conclusion reached by the national authorities that the wearing of a veil, such as the Islamic headscarf, was incompatible with sports classes for reasons of health or safety was not unreasonable..... [T]he penalty of expulsion did not appear disproportionate.... [A]pplicants had been able to continue their schooling by correspondence classes. It was clear that the applicants' religious convictions were fully taken into account in relation to the requirements of protecting the rights and freedoms of others and public order. It was also clear that the decision complained of was based on those requirements and not on any objections to the applicants' religious beliefs.
In Nicaragua, Sandinistas Use Religion To Keep Political Support
Thursday, December 04, 2008
Civil Court May Decide Scope of Authority of Archdiocese Agent
Complaint In Suit Challenging Kentucky Homeland Security Law Now Available
The lawsuit seeks a declaratory judgment and damages.The challenged laws unlawfully attempt, inter alia, to establish religion, endorse belief over non-belief, set up a religious test, indoctrinate Kentucky citizens and state employees in theistic religious beliefs, and diminish the civil rights, privileges or capacities of Atheists and others who do not believe in a god, or who believe in a different god or gods than the presumed supernatural entity unconstitutionally endorsed by the legislation complained of herein.
Roundtable Releases 2008 Report: Legal Developments In Faith-Based Initiative
Partnerships between government and faith-based organizations did not begin with the Administration of George W. Bush, but the past eight years have involved an intense effort to expand such partnerships into new shapes and programs, and those efforts have borne significant fruit. The rules governing relationships between the state and religious organizations have been refined and clarified in ways that could not have been predicted on January 20, 2001.... We very much doubt that faith-based organizations will ever again be categorically disqualified from partnering with government in delivering social services.The Roundtable's website contains extensive additional information on the faith-based social services.
In Britain, Queen Announces Proposal To Create Single Equality Commission
UPDATE: The Muslim Council of Britain on Thursday particularly welcomed the proposed provisions in the new Equality Bill that will require public bodies to consider how their spending decisions, employment practices, and service delivery can affect people according to their religion. Current law requires consideration of race, disability or gender; the new law would extend this to religion or belief, gender, age, sexual orientation and sexual reassignment. (Mathaba).
North American Conservative Anglicans Create New Church Province
UPDATE: Episcopal News Service reported Thursday on a statement from the London office of the Archbishop of Canterbury on the proposed new Anglican province in North America. It said in part: "There are clear guidelines..., notably [Anglican Consultative Council] resolution 12, detailing the steps necessary for ... the creation of new provinces.... Once begun, any of these processes will take years to complete. In relation to the recent announcement from the meeting of the Common Cause Partnership in Chicago, the process has not yet begun."
Egyptian Freed Pending Appeal in Case on Religion in Identity Documents
Maldives Blocks Access To Christian Website
Los Angeles Jews for Jesus Leafleting Case Settled
Wednesday, December 03, 2008
RLUIPA Protects New York Church's Catering Activities From Adverse Zoning Action
the Equal Terms provision is squarely implicated by the City's decision to revoke its earlier granted pre-consideration for the Church when other food-service and catering businesses, associated with non-religious groups, operating in the same neighborhood as Plaintiff, also in violation of the Zoning Resolution, were given only a "Notice of Violation."Finding that the 2nd Circuit had not interpreted the RLUIPA's equal terms provision, the court held that under either the 3rd or 11th Circuits' competing interpretations, Plaintiff would prevail. The court also expressed concern over the City's policy of investigating zoning violations only when a complaint is filed. This can lead to "unfair targeting of unpopular groups." Yesterday's New York Times reported on the decision. (See prior related posting.)
Capitol Visitor Center Opens With Objection To Lack of Religious References
While the Architect of the Capitol has pledged to include some references to faith, more needs to be done.... The current ... displays are left-leaning and in some cases distort our true history. Exhibits portray the federal government as the fulfillment of human ambition and the answer to all of society’s problems. This is a clear departure from acknowledging that Americans' rights 'are endowed by their Creator' and stem from 'a firm reliance on the protection of Divine Providence.'DeMint particularly objects to the engraving near the entrance reading: "We have built no temple but the Capitol. We consult no common oracle but the Constitution."
Fired Human Resources VP Who Disputed Gay Rights Sues University
The lawsuit alleges that Dixon's column expressed her personal views, and that her firing infringes her 1st Amendment free speech rights. The complaint also claims equal protection violations, arguing that other University personnel have been permitted to speak out on political and social issues without consequences. Richard Thompson of the Thomas More Law Center who represents Dixon said that homosexuals have an "inordinate amount of influence" over University president Lloyd Jacobs. The University claims that Dixon's human resources position was one of special sensitivity, and that her ability to perform that job was undermined by her statements.
Orthodox Church Wants Russia To Outlaw Satanism and Church Desecration
Court Says No Free Exercise Problem In Homicide Charges Against Parents
Australian Court Is Asked To Order Police Investigation of Religious Group
Massachusetts High Court Lets Rastafarian Go To Trial Against Jiffy Lube
Cuba Improves Relations With Vatican As Castro Attends Beatification Mass
Tuesday, December 02, 2008
Religion Clause Nominated As One of "100 Best" By ABA For Second Year
Limitation on Church Attendance Does Not Violate Parolee's Free Exercise Rights
The limitation placed on Mr. Burchett by the stipulated Agreement did not represent a substantial burden on the observation of a central religious belief or practice, and cannot be considered anything more than an inconvenience. Mr. Burchett could still attend church if he so desired; he merely had to seek permission before doing so.... The government has a compelling interest in making sure the community is protected from pedophile sex offenders.
Anti-Religion Sign Is Next To Creche In Capitol Under Open Forum Rules
Marijuana Conviction Upheld; Religious Freedom Defense Rejected
Zimbabwe Court Protects Apostolic Sect From Local Chief
Wyoming Prisons Will Accommodate Muslim Prisoner Meal Times
Mumbai Muslim Cemetery Refuses To Bury Terrorists; Police Seeking Alternatives
Monday, December 01, 2008
President Bush Talks About Faith In His Life
Q What role does faith play in your day-to-day life?
THE PRESIDENT: I've been in the Bible every day since I've been the President, and I have been affected by people's prayers a lot. I have found that faith is comforting, faith is strengthening, faith has been important....I would advise politicians, however, to be careful about faith in the public arena. ...In other words, politicians should not be judgmental people based upon their faith. They should recognize -- as least I have recognized I am a lowly sinner seeking redemption, and therefore have been very careful about saying (accept) my faith or you're bad. In other words, if you don't accept what I believe, you're a bad person.
And the greatness of America -- it really is -- is that you can worship or not worship and be equally American. And it doesn't matter how you choose to worship; you're equally American. And it's very important for any President to jealously protect, guard, and strengthen that freedom.
Pope To Visit Israel In May To Ease Catholic-Jewish Tensions
Recent Articles and Book of Interest
- Frederick Mark Gedicks, Indeterminacy and the Establishment Clause, (Constitutional Commentary, 2009).
- Mark DeForrest, The Use and Scope of Extrinsic Evidence in Evaluating Establishment Clause Cases in Light of the Lemon Test's Secular Purpose Requirement, 20 Regent University Law Review 201-255 (2007-2008).
- Gary S. Gildin, Book Review: The Protection of Free Exercise of Religion for Minority Faiths, (Reviewing Bruce Ledewitz, American Religious Democracy), 14 Widener Law Review 255-264 (2008).
- The Role of Religion in Public Debate. Introduction by Hon. Diane S. Sykes; articles by James W. Skillen, Robert Audi and Hon. Michael W. McConnell; response by Kent Greenawalt. 20 Regent U. L. Rev. 301-335 (2007-2008).
Recent Book:
- Phillip F. Lawler, The Faithful Departed: The Collapse of Boston’s Catholic Culture, (Encounter Books, Feb. 2008), reviewed on PowerBlog.