Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, November 17, 2009
Supreme Court Orders Yesterday In Two Cases of Interest
Also yesterday in Holy See v. Doe, (Docket No. 09-1, Nov. 16, 2009) (Order List), the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether certiorari should be granted. In the case, the 9th Circuit held that the Vatican is not shielded by the Foreign Sovereign Immunities Act from a respondeat superior claim against it by a victim of a priest's sexual abuse. (See prior posting.) SCOTUS Blog discusses the Court's action.
Azerbaijan Official Reports On Status of Required Re-Registration of Religious Groups
Christian Groups Continue Objections To Hate Crimes Law
Suit Challenges Religious Activities In Tennessee County's Schools
44 Members of Congress Join Amicus Brief Supporting Engravings At Capitol Visitor Center
Monday, November 16, 2009
Group Challenges Indianapolis Schools' Internet Filtering Policy
Sites that promote and provide information on religions such as Wicca, Witchcraft or Satanism. Occult practices, atheistic views, vodoo rituals or any form of mysticism are represented here. Includes sites that ... [instruct in the use of] spells, incantations, curses and magic powers.FFRF contends that this policy amounts to viewpoint discrimination and a violation of the Establishment Clause because it allows access to sites offering information about Christianity and other mainstream religions, but not about atheism. [Thanks to Scott Mange for the lead.]
Obama Champions Human Rights At Town Hall Meeting In China
We do not seek to impose any system of government on any other nation, but we also don't believe that the principles that we stand for are unique to our nation. These freedoms of expression and worship -- of access to information and political participation -- we believe are universal rights.He also mentioned religion in responding to a student's question about Afghanistan and terrorism. The President said in part:
They should be available to all people, including ethnic and religious minorities -- whether they are in the United States, China, or any nation. Indeed, it is that respect for universal rights that guides America's openness to other countries; our respect for different cultures; our commitment to international law; and our faith in the future.
We also have to think about what motivates young people to become terrorists, why would they become suicide bombers. And although there are obviously a lot of different reasons, including I think the perversion of religion, in thinking that somehow these kinds of violent acts are appropriate, part of what's happened in places like Pakistan and Afghanistan is these young people have no education, they have no opportunities, and so they see no way for them to move forward in life, and that leads them into thinking that this is their only option.
FOIA Appeal Filed To Get Information On Bureau of Prisons Chapel Library Project
Rubashkin Encounters Religious Observance Problems In Jails After Trial
Chabad.info has a rather graphic account of the problems encountered by Rubashkin in maintaining his Orthodox Jewish religious observances during these moves. On the first night, South Dakota prison officials removed Rubashkin's tzitzis (fringed garment) despite Rubashkin's objections, and moved him in a wheel chair since he insisted he would not walk without wearing his tzitzis. Friday morning Federal marshals decided he could wear the tzitzis. Rubashkin's family had purchased kosher food meeting his strict standards. However, Sioux City jail officials refused to allow it in because it was not packaged correctly. Rubashkin went without food from Thursday night until Saturday evening when he got grape juice, rolls and soup mix that he ate cold. Rubashkin's family ask supporters to pray and recite psalms for him.
Recent Articles and Book of Interest
From SSRN:
- Bret Boyce, Equality and the Free Exercise of Religion, (Cleveland State Law Review, Vol. 57, p. 493, 2008).
- Gila Stopler, Rights in Immigration: The Veil as a Test Case, (October 14, 2009).
- Marci A. Hamilton, Book Review: An Imperfect Vocabulary of Religious Liberty, Review of Martha C. Nussbaum, ed., Liberty of Conscience: In Defense of America's Tradition of Religious Equality, (August 2, 2009).
- David B. Kopel & Clayton E. Cramer, The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich, (Widener Law Journal, Vol. 19, 2010).
- Michael J. Perry, Liberal Democracy and the Right to Religious Freedom, (The Review of Politics, Vol. 71, pp. 1-15, 2009).
- Richard T. Stith, Excluding Religion Excludes More than Religion, (Matters of Life and Death: Religion and Law at the Crossroad, Boston College Law School, 2008).
From SmartCILP and elsewhere:
- Christopher Hutton, Meaning, Time and the Law: Ex Post and Ex Ante Perspectives, 22 International Journal for the Semiotics of Law 279-292 (2009).
- Massimo Leone, Massimo, The Semiotic Therapy of Religious Law, 22 International Journal for the Semiotics of Law 293-306 (2009).
- The Journal of Church & State, Vol. 51, No. 1 (2009) has recently appeared.
Recent Book:
- Gary Hull (ed.), Muhammad: The "Banned" Images, (Voltaire Press, Oct. 2009), reviewed by Volokh Conspiracy.
Sunday, November 15, 2009
Virginia Governor-Elect Called On To Repudiate Statements By Pat Robertson
Islam is a violent -- I was going to say religion, but it's not a religion. It's a political system. It's a violent political system bent on the overthrow of the governments of the world and world domination. I think we should treat it as such and treat its adherents as such, as we would members of the Communist Party or members of some fascist group.Today's Washington Post says McDonnell attended law school at Robertson's CBN University, and served on the university's board after it changed its name to Regent University. McDonnell received $40,000 in contributions from Robertson and his family for his election campaign. Mohamed Magid, imam of a mosque in Sterling, Virginia, said that Muslims want McDonnell "to distance himself from [Robertson's] remarks of hate...."
Windsor Police Chief Apologizes For Inappropriate Search of Muslim Woman
Orthodox Jews In Jerusalem Protest Intel's Sabbath Operations
Massachusetts Church Settles RLUIPA Lawsuit
Recent Prisoner Free Exercise Cases
In Howard v. Epps, 2009 U.S. Dist. LEXIS 105366 (SD MS, Oct. 30, 2009), a Mississippi federal magistrate judge permitted a Rastafarian inmate to amend his complaint to allege that the prison's grooming policy violates his First Amendment rights.
In O'Neal v. Brenes, 2009 U.S. Dist. LEXIS 104852 (CD CA, Nov. 10, 2009), a California federal magistrate judge rejected an inmate's free exercise claim. Plaintiff alleged that he participates in the prison's vegan religious diet program and does not receive enough food. The court dismissed the claim because plaintiff failed to allege that his veganism is rooted in religious belief.
In Griffith v. Bird, 2009 U.S. Dist. LEXIS 104469 (WD NC, Nov. 3, 2009), a North Carolina federal district court dismissed claims for both damages and an injunction by a Wiccan prisoner who claimed Wiccans were not allowed to have group religious services and that he was denied certain religious items. Corrections Department policy requires an approved volunteer to lead group religious services and vendors of religious items must go through an approval process.
In Haynes v. Sisto, 2009 U.S. Dist. LEXIS 104532 (ED CA, Oct. 21, 2009), a California federal district court rejected a claim that authorities prevented black inmates from participating in religious activities during lockdowns. Plaintiff did not allege that he was prevented from practicing his religion.
In Flett v. Vail, 2009 U.S. Dist. LEXIS 99765 (ED WA, Oct. 23, 2009), a Washington federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 104255, Aug. 24, 2009), and dismissed claims of a native American inmate that prison officials failed to mail out certain religious items that he had properly processed for mailing. The court allowed plaintiff to move ahead with a RLUIPA challenge to prison regulations that prohibited use of animal fur, claws or bones for religious ceremonies. Plaintiff wished to use an eaglebone whistle.
In Hoffman v. Hennessey, 2009 U.S. Dist. LEXIS 103406 (ND CA, Nov. 6, 2009), a California federal district court held that a Jewish prisoner had stated a cognizable claim under the First Amendment and RLUIPA that he was denied use of a yarmulke and tallit katan. He also was permitted to proceed with a retaliation claim against the Sheriff's Department.
Saturday, November 14, 2009
Indian Tribe Sues Under Treaty To Get Prosecution of Self-Help Author
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.The complaint explains that a wrong was committed on the Lakota's property because the Oinikaga sweat lodge ceremony is part of the Lakota's oral tradition which, according to the United Nations Declaration of Rights of Indigenous Peoples, Art. 31, the Lakotas have a right to maintain, control and protect.
Some Charge Anti-Semitism In Non-Renewal of Central Missouri University President
the thing that really upset me ... was, for years there was a Christmas tree lit at Selmo Park.... He stopped that. I mean I think every religion should be able to celebrate, uh, in their own way, but, I mean we do live in Warrensburg, Missouri. This is America. You know. Let’s bring that back....
Arizona Official Testifies On Loopholes In Tuition Tax Credit Law
Westboro Baptist Church Turns To Anti-Semitic Picketing
7th Circuit En Banc Upholds Cause of Action By Condo Owners Whose Mezuzah Was Banned
Evangelist Tony Alamo Sentenced To 175 Years On Mann Act Charges
Friday, November 13, 2009
US Sues To Seize Iranian Funded Mosqes and Schools In 4 US Cities
The forfeiture claim stems from allegations that the Alavi Foundation illegally funnelled millions of dollars of rental income to Iran's state-owned Bank Melli. It is illegal to do business with the bank in the U.S. under Executive Order 13382. The Executive Order blocks U.S. property of those who support proliferators of weapons of mass destruction. Bank Melli is among those that are listed by the Office of Foreign Assets Control as covered by the ban.
UPDATE: Today's Washington Post reports on federal marshals delivering notice that begins the seizure proceedings at the Islamic Education Center in Potomac, Maryland.
US Officials Repatriate Bible Taken By Nazis In Kristallnacht
North Carolina High Court Upholds Fees On Homes In Methodist Development
Justice Edmunds, concurring, emphasized the unique nature of the Lake Junaluska Development. Justice Hudson, dissenting, argued that "the restrictive covenants at issue do not contemplate any affirmative financial assessment on defendants" and the unique religious community character of the development should be irrelevant. The Lincoln (NC) Tribune reports on the decision.
Islamic Party Will Run Local Candidates In Spain In 2011
Australian Animal Rights Groups Dispute Ritual Slaughter Methods
According to the Sydney Morning Herald last week, Princess Alia bint al-Hussein of Jordan, sister to King Abdullah II, has written Australian Prime Minister Kevin Rudd urging him to withdraw the exemptions currently held by the four Australian plants. She says that killing without stunning is not required by Islamic law and that permitting it in Australia could undermine efforts in the Middle East to require stunning of animals before slaughter. Only a tiny percentage of meat exported from Australia is killed without stunning, but industry sources are concerned that the exemptions will tarnish the image of the entire industry in Australia. Australia's Meat Trade News Daily says that Australia's Fletcher International Exports-- the largest halal seep meat exporter in the world-- has convinced its customers to accept meat that has been killed with prior stunning of the animals. [Thanks to Steven H. Sholk for the lead.]
South Carolina Gubernatorial Hopeful Defends Christian Prayer At Council Meetings
Thursday, November 12, 2009
D.C. Catholic Archdiocese Threatens To End Social Services Over Gay Marriage Bill
The Washington Post this morning says that Catholic Charities serves 68,000 people in the District, including one-third of the homeless, who go to city-owned shelters managed by the Church. From 2006 to 2008, the Catholic Church received $8.2 million in city contracts, and supplemented city social service funding with $10 million per year of its own funds. Jane G. Belford, chancellor of the Washington Archdiocese, told City Council that: "All of those services will be adversely impacted if the exemption language remains so narrow." However, City Councilman David A. Catania said he would rather end the city's relationship with Catholic charities than give in to the Church's demands. [Thanks to both Steven H. Sholk and Scott Mange for the lead.]Under the bill, religious organizations do not have to participate in the "solemnization or celebration" of a same-sex marriage ceremony. An earlier version of the bill also exempted them from "the promotion of marriage that is in violation of the entity’s religious beliefs." The revised language significantly narrows that exemption to the "promotion of marriage through religious programs, counseling, courses, or retreats."
As a result, religious organizations and individuals are at risk of legal action for refusing to promote and support same-sex marriages in a host of settings where it would compromise their religious beliefs. This includes employee benefits, adoption services and even the use of a church hall for non-wedding events for same-sex married couples. Religious organizations such as Catholic Charities could be denied licenses or certification by the government, denied the right to offer adoption and foster care services, or no longer be able to partner with the city to provide social services for the needy.
Denmark's Muslims Face Political Opposition To Building of New Mosques
USCIRF Issues Policy Document Opposing UN Defamation of Religions Proposal
Although touted as a solution to the very real problems of religious persecution and discrimination, the OIC-sponsored UN resolutions on this issue instead provide justification for governments to restrict religious freedom and free expression. They also provide international legitimacy for existing national laws that punish blasphemy or otherwise ban criticism of a religion, which often have resulted in gross human rights violations. These resolutions deviate sharply from universal human rights standards by seeking to protect religious institutions and interpretations, rather than individuals, and could help create a new international anti-blasphemy norm.The United Nations General Assembly is expected to vote shortly on this year's version of the resolution on Combating Defamation of Religions (full text) sponsored in the General Assembly's Third Committee by Syria (on behalf of the Organization of the Islamic Conference), Belarus and Venezuela.
UPDATE: Europe News reported on Nov. 12 that the OIC has written a letter (full text) to the Chairman of the U.N. Committee on Complementary Standards defending its defamation of religions proposal against charges that it infringes on freedom of expression.
Idaho Charter School Rebuffs Document Request From State Commission
New York City Anti-Discrimination Law Given Broad Reading
British Case Focuses On Whether Belief In Psychics Is Protected Under Employment Equality Rules
I am satisfied that the claimant's beliefs that there is life after death and that the dead can be contacted through mediums are worthy of respect in a democratic society and have sufficient cogency, seriousness, cohesion and importance to fall into the category of a philosophical belief for the purpose of the 2003 Regulations.The judge said that Power would still have to show that his firing was because of his belief, and not because he was inappropriately trying to press his beliefs on others. This case follows a decision last week by the Employment Appeals Tribunal that environmentalist beliefs could be covered by the equality regulations. (See prior posting.)
American Legion Dropped From School Veterans' Day Ceremony Over Prayer
Wednesday, November 11, 2009
3rd Circuit Rejects Complaint Over Docked Pay For Good Friday
Gay Anti-Discrimination Ordinance Passes In Salt Lake City With LDS Backing
Cert. Petition Filed In Challenge To Release of Names of Referendum Petition Signers
President Urged To Raise Religious Freedom Issues With Chinese Leaders
President Speaks At Ft. Hood Memorial Service
It may be hard to comprehend the twisted logic that led to this tragedy. But this much we do know -- no faith justifies these murderous and craven acts; no just and loving God looks upon them with favor. For what he has done, we know that the killer will be met with justice -- in this world, and the next....
As we face these challenges, the stories of those at Fort Hood reaffirm the core values that we are fighting for, and the strength that we must draw upon.... We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes. We're a nation that guarantees the freedom to worship as one chooses. And instead of claiming God for our side, we remember Lincoln’s words, and always pray to be on the side of God.
Church Concerts Enjoined; Leader Says Church of Love and Music Will Move
FLDS Leader Sentenced To Ten Years In Prison By Texas Jury
South Carolina "I Believe" Plates Ruled Unconstitutional
the "I Believe" Act cannot be seen by any reasonable observer either as facilitating expression of a broad diversity of viewpoints ... or as a permissible accommodation to Christians..... Both positions are belied by the facts that the "I Believe" Act (1) authorizes a single plate with a uniquely Christian message, (2) was sponsored and approved solely as the result of governmental action, and (3) presents its message in a manner that is not available except through the legislative approval process (necessary to allow the inclusion of both motto and symbol). ....While granting a declaratory judgment and awarding attorneys' fees, the court rejected plaintiffs' claim for nominal damages, finding that qualified immunity protects the secretary of state's actions in planning for distribution of the plates. The court had previously issued a preliminary injunction against further advertising, distribution or production of the plates. (See prior posting.) A press release from Americans United, which had filed the case, said that the court's decision put a stop to officials who "want to use religion as a political football." ABP reported on the decision.
The "I Believe" Act had its genesis in Lieutenant Governor Andre Bauer’s desire to do here what had been unsuccessful in the state of Florida–to gain legislative approval of a specialty plate promoting the majority religion: Christianity. Whether motivated by sincerely held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same. The statute is clearly unconstitutional and defense of its implementation has embroiled the state in unnecessary (and expensive) litigation.
Tuesday, November 10, 2009
White House Faith-Based Office Finally Has A Web Presence
Court Tentatively Holds High School Student Not Liable For Teacher's Attorneys' Fees
French Busineses Have Concerns Over Accommodating Muslim Religious Practices
Federal Magistrate Says Sectarian Invocations Violate Establishment Clause
Board Fires Head of "Feed the Children"
Monday, November 09, 2009
2009 "Friend or Foe Christmas Campaign" Launched By Liberty Counsel
Muslim Soldiers In US Military Face Complex Situation
House Health Care Bill Tracks FICA Exemption For Religious Objectors
Recent Articles of Interest
From SSRN:
- See Hoon Peow, History of Islamic Law in Malaysia - A Critical Reconsideration ,(November 1, 2009).
- Andrew F. March, The Uses of Fitra (Human Nature) in the Legal and Political Theory of ‘Allal Al-Fasi: Natural Law or 'Taking People as They Are'?, (November 4, 2009).
- Robert A. Kahn, Flemming Rose, the Danish Cartoon Controversy, and the New European Freedom of Speech, (U of St. Thomas Legal Studies Research Paper No. 09-24 (Oct. 2009)).
- Marci A. Hamilton, The Constitutional Limitations on Congress's Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional, (July 31, 2009).
- Geoffrey P. Miller, Origin of Obligation: Genesis 2:4b-3:24, (NYU School of Law, Public Law Research Paper No. 09-60 (Oct. 2009)).
From SmartCILP and elsewhere:
- Gregory C. Downs, Religious Liberty That Almost Wasn't: On the Origin of the Establishment Clause of the First Amendment, 30 University of Arkansas Little Rock Law Review 19-29 (2007).
- Shannon McSheffrey, Sanctuary and the Legal Topography of Pre-Reformation London, 27 Law & History Review 483-514 (2009).
- Najwa Shihab & Yanuar Nugroho, The Ties That Bind: Law, Islamisation and Indonesia's Prosperous Justice Party (PKS), [abstract], 10 Australian Journal of Asian Law 233-267 (2008).
- Karin Carmit Yefet, What's the Constitution Got To Do With It? Regulating Marriage in Pakistan, 16 Duke Journal of Gender Law & Policy 347-377 (2009).
- Steven H. Sholk, A Guide To Election Year Activities of Section 501(c)(3) Organizations-- 2009 Edition, in PLI Course Handbook for Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings (2009).
Sunday, November 08, 2009
Some Israeli Marriage Registrars Refuse To Accept Conversions By Chief Rabbinate
Recent Prisoner Free Exercise Cases
In Collins v. Levenhagen, 2009 U.S. Dist. LEXIS 101390 (ND IN, Oct. 29, 2009), an Indiana federal district judge rejected an inmate's claim that his free exercise rights and his rights under RLUIPA were infringed when Native American religious services were scheduled on Wednesdays at the same time he voluntarily worked in a prison job.
Bowen v. Florida Parole Commission, 2009 U.S. Dist. LEXIS 102880 (MD FL, Oct. 20, 2009), was a habeas corpus action brought by an inmate who was re-imprisoned for violating the conditions of his early release. A Florida federal district judge held that the habeas action was not the proper mode for considering plaintiff's claim that his free exercise rights had been violated by the requirement that he use no alcohol or intoxicants. Plaintiff, a Catholic, argued that this prevented him from taking wine during communion. Plaintiff's rearrest was not based on a violation of this condition, but instead on violations of other conditions of his release.
In Pappas v. Oakland County, 2009 U.S. Dist. LEXIS 102946 (ED MI, Nov. 5, 2009), a Michigan federal district court accepted the recommendation of a federal magistrate judge (2009 U.S. Dist. LEXIS 102951, Oct. 15, 2009), to dismiss a claim against the county by an inmate who alleged that while in a special jail unit for at-risk inmates, he was denied the opportunity to attend church services.
Abuse Victims Agree To Delay In Trials Against Delaware Catholic Parishes
Saturday, November 07, 2009
House Passes Health Care Bill With Anti-Abortion Funding Amendment
New Book Suggests British Catholic Royals Would Have Place to Pray
Christian Group Lacks Standing To Vacate Florida School's Consent Decree
Pennsylvania County Plans To Tax Closed Church Builidings
Teacher Sues Arguing Fingerprint Requirement Violates Her Free Exercise Rights
UPDATE: The Nov. 17 Lufkin Daily News reported that the court issued a temporary injunction restoring Pam McLaurin's teaching credentials pending the court's decision on the merits of the case. A hearing on the merits is scheduled for Jan. 22, 2010.
Required Immunization of School Children Does Not Infringe Free Exercise
Friday, November 06, 2009
After Ft. Hood Massacre, Shooter's Religious Background Explored
First Conviction From Raid on FLDS Texas Ranch Is Handed Down
9th Circuit Will Rehear Catholic League's Suit Againt San Francisco En Banc
Jersey City Parking Lot Ends Discounts For Jehovah's Witnesses
Senate Committee Holds Hearing On ENDA; Religious Exemption Discussed
Craig L. Parshall, Senior Vice-President and General Counsel of the National Religious Broadcasters argued that the bill threatens the constitutional rights of religious employers. (Full text of testimony.) He claimed that the exemption in Sec. 6 is inadequate. Illinois Attorney General Lisa Madigan (full text of testimony) reported that under the Illinois Human Rights Act that bars discrimination based on sexual orientation, only a handful of sexual orientation claims have been filed against religious institutions. Bay Windows reports on the hearing.