Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, November 13, 2009
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.
Chechnya Will Pay For Hajj Trips For 400 Residents
Sanctions Imposed On Attorney In Client's Suit Against Jews For Jesus
Thursday, November 05, 2009
CAIR Gets TRO Forcing Return of Purloined Documents
Missouri Taxes Yoga; Some Claim Religious Exemption Should Apply
Challenge To "In God We Trust" On Currency Is Rejected
Arkansas Superintendent Pondering Complaint Over Gideons In Classrooms
All-Christian Private Prison Planned For Oklahoma
British Court Says Catholic Diocese Is Responsible for Abuse At Community Home
Road Protection Law Would Infringe Mennonites' Religious Beliefs
AU Asks IRS To Investigate Mayoral Endorsement By Pennsylvania Pastor
New Zealand OKs Cola Ad Portraying Humorous Confessional Exchange
Wednesday, November 04, 2009
Obama, Other Officials Meeting With Eastern Orthodox Ecumenical Patriarch
Jehovah's Witnesses Denied Recognition By Nagorno-Karabakh Court
Utah High Court Hears Arguments In FLDS Leader's Appeal
European Court Says Crucifixes In Italian Classrooms Violate Human Rights Convention
The presence of the crucifix ... could easily be interpreted by pupils of all ages as a religious sign and they would feel that they were being educated in a school environment bearing the stamp of a given religion. This could be encouraging for religious pupils, but also disturbing for pupils who practised other religions or were atheists, particularly if they belonged to religious minorities. The freedom not to believe in any religion (inherent in the freedom of religion guaranteed by the Convention) ... extended to practices and symbols which expressed a belief, a religion or atheism.... The State ... was required to observe confessional neutrality in the context of public education, where attending classes was compulsory irrespective of religion, and where the aim should be to foster critical thinking in pupils.The court awarded damages of 5000 Euros to plaintiff. According to Zenit yesterday, the Italian Bishops Conference issued a statement saying that the decision:
ignores or neglects the multiple meaning of the crucifix, which not only is a religious symbol, but also a cultural sign. It does not take into account the fact that, in reality, in the Italian experience, the display of the crucifix in public places is in harmony with the recognition of the principles of Catholicism as part of the historical patrimony of the Italian people, confirmed by the Concordat of 1984.AKI reports on the court's decision, giving additional background. [Thanks to Dott. Pasquale Annicchino for the lead.]
UPDATE: According to CNA (Nov. 4) , Italy's Minister of Education, Mariastella Gelmini, rejected the ECHR decision, saying: "Nobody, much less a European court that is steeped in ideology, will be allowed to strip our identity away."
UPDATE 2: The Nov. 7 Christian Post reports that Italy plans to appeal the ruling of the 7-judge panel to the ECHR's 17-judge Grand Chamber.
British Tribunal Says Environmentalism Is Protected Under "Religion or Belief" Regulations
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is directly material and the limitations on the concept and extent of a philosophical belief can be derived from that, without the need to place any additional limitation on the nature or source of the belief.The company claims that Tim Nicholson, a former executive of the real estate company Grainger, was dismissed for operational reasons and not because of his environmental beliefs. The case now goes back to the Employment Tribunal for a hearing on this issue. The Independent today reports on the case.
Two Employment Discrimination Suits Filed Recently Charge Religious Harassment
In Atlanta last week, James Bara, a former employee of Google's data center who is a practicing Wiccan, filed suit charging both religious and gender discrimination. According to the complaint (full text) in Bara v. Google, Inc. (ND GA, filed 10/29./2009), after Bara objected to remarks made by his supervisor about a newly hired transgender employee, the supervisor retaliated against Bara in setting his working conditions, and also subjected him to "a steady discourse of comments and 'jokes' regarding witches, witchcraft and witch trials." Tech Crunch yesterday reported on the case.
Maine Voters Reject Same-Sex Marriage
It is not discrimination to call things by their own names. We have different names for different things. A cat is not a dog; an oak tree is not a rose..... It is not discrimination to call one person a husband and another person a wife. It is not discrimination to say that one person is heterosexual and another person is homosexual. It is not discrimination to call the union of a man and a woman marriage and to call the committed relationship of homosexual persons something else -- you pick the word. It is difficult to believe that Maine people, much less Christian people, see no difference between marriage and homosexual unions, even when homosexual unions are perceived as desirable. There remains a difference and the difference should have its own name.
Marriage is an absolutely unique and irreplaceable relationship. Other relationships can be loving; other relationships can be committed; other relationships can even be permanent, but still not be marriage, but something else. Marriage is the miracle of the coming together to a man and a woman whose love and commitment is open to overflow to create the new life of a new person.
Tuesday, November 03, 2009
3rd Circuit Finds Combined Restrictions On Abortion Leafleting Are Unconstitutional
Bankruptcy Court Says Bishop Need Not Appear At Chpater 11 Creditors Meeting
Foreclosure On Georgia Hindu Temple Can Move Ahead
DC Council Holds Hearing On Same-Sex Marriage Proposal
Cert. Denied In Connecticut Order For Release of Priest Abuse Records
Monday, November 02, 2009
New York Bishop Supports City Council Candidate Through Recorded Phone Message
Another Lawsuit Against A Dissident Episcopal Parish- This Time In Tennessee
Israel's Transportation Ministry Reports To High Court on Sex-Segregated Buses
Recent Articles of Interest
From SSRN:
- Jeremy J. Patrick, Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions, (October 29, 2009).
- Liav Orgad & Ted Ruthizer, Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case, (Constitutional Commentary, Forthcoming).
- Ruthann Robson, Compulsory Matrimony, (Feminist and Queer Legal Theory, pp. 315-328, Ashgate 2009).
From SmartCILP and elsewhere:
- Steve Sheppard, What Oaths Meant To the Framers' Generation: A Preliminary Sketch, 2009 Cardozo Law Review de novo 273.
- Shirin Ebadi, Keynote Address: Islam, Human Rights, and Iran, 23 Emory International Law Review 13-24 (2009).
- L. Bennett Graham, Defamation of Religions: The End of Pluralism?, 23 Emory International Law Review 69-84 (2009).
- Russell Powell, Theology In Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, 15 Washington & Lee Journal of Civil Rights & Social Justice 327-404 (2009).
Recent Prisoner Free Exercise Cases
In Kanda v. Walker, 2009 U.S. Dist. LEXIS 98938 (ED CA, Oct. 23, 2009), a California federal magistrate judge recommended that a preliminary injunction be granted ordering prison officials to furnish a Hindu prisoner with a diet that meets his religious requirements-- a diet that includes only vegetables, fruits and fish.
In Uhuru v. Hart, 2009 U.S. Dist. LEXIS 100267 (CD CA, Sept. 24, 2009), a California federal magistrate judge recommended rejecting the complaint by a prisoner (who attends both Jewish and Muslim activities) that occasionally he was not permitted to wear a head covering.
In Rice v. Curry, 2009 U.S. Dist. LEXIS 100443 (ND CA, Oct. 14, 2009), a California federal district court permitted an inmate who was a practicing Ansare EL Mohammed Muslim to move ahead with his claim that he was denied access to the prison chapel to conduct classes and group worship consistent with his movement in Islam, and that prison officials refused to serve him a pre-dawn "suhoor" meal during the month of Ramadan.
In Dempsey v. Ahern, 2009 U.S. Dist. LEXIS 100520 (ND CA, Oct. 14, 2009), a California federal district court held that an inmate could move forward with his claim that his 1st and 8th Amendment rights were violated when the Santa Rita Jail failed to accommodate the religious diet needs of inmates such as himself. He alleged that a 26-day denial violated his religious and nutritional needs.
Last Friday's Omaha World-Herald reported that a Nebraska trial court judge has given a prisoner permission to change his name from Billy Joe McDonald to his "witch" name, Hayden Autumn Blackthorne. McDonald, who is serving a sentence for sexual assault of a teenage girl, asserted in his petition for a name change that he is "a lifetime member of Witch School," a "recognized Wiccan Priest" and has "successfully completed Correllian Wicca — First Degree."
Sunday, November 01, 2009
Court Rejects Constitutional Challenges To Marijuana Possession Charges
Students Organize Football Game Prayers To Avoid Ban On School Doing So
Washington State Adopts Final Rules On Displays and Gatherings At Capitol
The new rules (full text) allow gatherings, including free speech activities, of up to 25 people inside the Capitol building or up to 75 outside without a permit. For larger groups, a permit is required. Only hand-held banners and signs are permitted inside the Capitol during these events. For events outside on the Capitol grounds, temporary signs, exhibits or displays can be placed on the grounds during the activity, but must then be removed. The state has also published a 113-page "Concise Explanatory Statement" summarizing of all the comments received on the new rules when they were issued in proposed form, and an explanation of the differences between the proposed and final rule.