Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, October 28, 2008
Fordham's Award To Justice Breyer Protested Because of His Abortion Votes
McCain Campaign In Nevada Handing Out Christian Voter Guides
FBI Releases 2007 Hate Crime Statistics
Monday, October 27, 2008
Conservative Religious Groups Working In Favor of California's Marriage Amendment
Group Urges Changes On 10th Anniversary of International Religious Freedom Act
UPDATE: To mark the anniversary, Pew Forum carries an interview with Allen Hertzke, author of a 2004 book on the birth and development of the international religious freedom movement, Freeing God's Children: The Unlikely Alliance for Global Human Rights.· Create ongoing program funding within the Office of International Religious Freedom to support deserving local organizations that monitor religious freedom abuses in their countries.
· Strengthen the role of the Office of International Religious Freedom in the State Department by having it report directly to the Secretary as was congressional intent, rather than remaining under the rubric of the Bureau of Democracy, Human Rights and Labor.
· Ensure the Ambassador-at-Large for International Religious Freedom enjoys the full diplomatic and negotiating privileges of his rank, and has a more central role in shaping U.S. foreign policy, as called for in the act.
· Follow the recommendations of the act by naming a director-level individual in the National Security Council to oversee strategic religious liberty issues within the White House.
· Allow the federal U.S. Commission on International Religious Freedom to dissolve as scheduled in 2011, and hold in the meantime a Congressional oversight hearing to assess its performance.
Florida Church Ordered To Permit Member Inspection of Records
Israel's High Court Says Saturday Fencing Matches Discriminate Against Athlete
Recent Articles Of Interest
- Paolo Farah, The Influence of Confucianism on the Construction of the Chinese Political and Juridical System, in IDENTITA EUROPEA E POLITICHE MIGRATORIE, Giovanni Bombelli and Bruno Montanari, eds., pp. 193-226, (Vita e Pensiero, pp. 193-226, 2008).
- Christine Chambers Goodman, Beneath the Veil: Corollaries on Diversity and Critical Mass Scholarships from Rawls' Original Position on Justice, (Washington and Lee Journal of Civil Rights and Social Justice, Vol. 13, No. 2, 2007.)
- Paul Horwitz, Churches as First Amendment Institutions: Of Sovereignty and Spheres, (Harvard Civil Rights- Civil Liberties Law Review, Forthcoming.)
From SmartCILP:
- Jose A. Lindgren Alves, Race and Religion in the United Nations Committee on the Elimination of Racial Discrimination, 42 University of South Florida Law Review 941-982 (2008).
- Virginia Hancock, "No-self" at Trial: How to Reconcile Punishing the Khmer Rouge for Crimes Against Humanity With Cambodian Buddhist Principles, 26 Wisconsin International Law Journal 87-129 (2008).
Teacher's ADA Claim Dismissed Under Ministerial Exception
Converts Not Complying With Indian State's Conversion Law
Recently Available Prisoner Free Exercise Cases
In Terrell v. Montalbano, 2008 U.S. Dist. LEXIS 84260 (WD VA, Oct. 21, 2008), a Muslim prisoner complained that prison officials denied him a religious diet for six months so they could evaluate the sincerity of his religious beliefs. A Virginia federal district court dismissed plaintiff's First Amendment challenge to this, but permitted him to move ahead with his RLUIPA challenge.
In Morris v. Newland, 2008 U.S. Dist. LEXIS 71875 (ED CA, Sept. 22, 2008), a California federal district court adopted recommendations of a federal magistrate (2008 U.S. Dist. LEXIS 84506)and dismissed free exercise and RLUIPA claim by a Muslim prisoner who objected that he was required to expose his naked body to female correctional officers. The court found that plaintiff's history of administrative discipline for inappropriate sexual behavior in the presence of female correctional officers defeated his claim.
In Martin v. Roche, 2008 U.S. Dist. LEXIS 84603 (D CA, Sept. 8, 2008), a California federal magistrate judge rejected a claim by a Muslim inmate that his free exercise rights were violated when prison authorities denied him a copy of the Quran and a religious diet when he was placed in administrative segregation.
In Horacek v. Burnett, 2008 U.S. Dist. LEXIS 84903 (ED MI, Aug. 19, 2008), a Michigan federal magistrate judge recommended that a Jewish prisoner be permitted to move to trial with most of his free Exercise, RLUIPA and infliction of emotional distress claims growing out of authorities' refusal to permit him to enter the Department of Corrections kosher meal program.
In Subil v. Sheriff of Porter County, 2008 U.S. Dist. LEXIS 85499 (ND IN, Oct. 22, 2008), a Jewish prisoner claimed that various restrictions infringed his rights under RLUIPA and the first amendment. An Indiana federal district court rejected his challenge to limitations on possessing certain religious items. While it found some merit in his complaint about access to a kosher diet and sabbath observance, it held that plaintiff could not get injunctive relief since he was no longer held in the jail about which he complained, and that he could recover only nominal damages for the violations if he ultimately succeeds.
Sunday, October 26, 2008
Report Appears To Clear Three Baha'is Imprisoned In Iran
Preliminary Agreement Reached In Atlanta Church Zoning Case
Canadian Court Rejects Anti-Abortion Tax Protester's Defense
Tanzanian Christians Say Move To Join OIC Violates Constitution
Saturday, October 25, 2008
Georgia Court Says Free Exercise Objection to Evidence Not Preserved For Appeal
Jury Finds No Fraud In Assertion Behind Episcopal Priest's Removal
Utah AG Candidates Say Voters Want To Know Their Stands On Polygamy
Court Dismisses Title VII Claim By Pastor Against Catholic Archdiocese
IRS Asked To Investigate Anti-Obama Letter From Bishop
Friday, October 24, 2008
Venezuelan President Meets With Russian Orthodox Official
Suit Against Oral Roberts University Settled
En Banc Review Denied In Las Cruces Case
Bangladesh Islamist Party Changes Charter To Qualify For Registration
NY Diocese Gets Property of Break-Away Episcopal Parish
Dominican Republic High Court Upholds Country's Concordat With Vatican
Florida Supreme Court Rejects "False Light" Claims In Jews For Jesus Case
Religious Education Program In Israel's Military Questioned
Cert. Filed In City Council Sectarian Prayer Case
Thursday, October 23, 2008
Green Bay Opts For Secular Holiday Displays This Year
India Law Commission Urges Changes In Marriage Laws
This month the Law Commission also issued another report, Laws on Registration of Marriage and Divorce – A Proposal for Consolidation and Reform, that would require registration of all marriages and divorces regardless of the religion of the parties. IndLaw News summarizes the report.
Turkey High Court's Headscarf Opinions Published
Jordanian Poet Charged With Insulting Islam and Quran
Pennsylvania School District Sued Over Restrictive Flyer Policy
Wednesday, October 22, 2008
Complaint To IRS Focuses On Unusual Political Endorsement By Church
Rock Christian Fellowship ... has posted two large photos on its building. One depicts an aborted fetus and has underneath it three last names of Democratic candidates: Obama, Udall and Lujan.... The other photo is of a healthy baby and has below it three last names of Republican candidates: McCain, Pearce and East..... The photo of the healthy baby is headlined "Life." Below the display are the words "YOU WILL DECIDE."AU calls the photos a "stunt" and says that they violate tax code limitations on political involvement by 501(c)(3) non-profit organizations. The New Mexican last week carried a story on the church's challenge to the ban on political activities, accompanied by photos of the display.
Westhampton Eruv Supporters File Arguments In Response To Opposition
Whether judged under the Lemon test or the endorsement test ... there is a secular purpose-allowing observant Jews to carry and push babycarriages and wheelchairs to the park or to the homes of friends . It does not advance any particular religion since it would not impose the Jewish religion on any other residents and ... the Village has taken action to accommodate the religious beliefs of other Village residents . Finally, there will be no entanglement since no further government approvals are necessary and the eruv will be constructed and maintained with no expenditure of public funds . Similarly, under the endorsement test ..., no reasonable observer would conclude that by issuing the proclamation, the Trustees are endorsing the practices of Orthodox Jews.The letter further argues that refusing a petition to issue a proclamation validating the eruv would be a violation of the free exercise rights of members of the Hampton Synagogue. Hamptons.com yesterday reported on the synagogue's letter to Village trustees.
Cert. Filed In Mojave Desert War Memorial Cross Case
UPDATE: Here is the full text of the petition for certiorari, thanks to Inverse Condemnation blog.
Death Sentence For Journalism Student Reduced to 20 Years By Afghan Court
CNN Interviews Muslim-Americans On Upcoming Election
Court Says Loyalist Members of Episcopal Parish Are Proper Board of Governors
Monday, October 20, 2008
Iowa Christian Group Wants Information On Judges' Worldview
Taliban In Afghanistan Kill Aid Worker, Charging Christian Proselytizing
Rector's Suit Against Bishop Opens In Pennsylvania Today
Meanwhile Bennison himself is facing possible removal on charges that 30 years ago he failed to take action and concealed information when his older brother John--then a youth minister-- sexually abused a teenage girl in his parish. [Thanks to James Maule via Religionlaw for the lead.]
UPDATE: As the trial reached its third day on Wednesday, Bennison's lawyers asked the court to dismiss the case on First Amendment grounds. Judge Joseph Smyth who is presiding at trial said that perhaps the case does not belong in civil court, but decided that he should honor the rulings to the contrary by Judge Thomas Branca and complete the trial. According to the Philadelphia Inquirer, Smyth said he anticipated important appellate issues would be raised.
Muslim Lawsuits Speed Up Processing of Citizenship Applications
British and Moroccan Agencies Impose Religious Tests On Adoptive Parents
Recent Articles and Books of Interest
- Saadiah Mohamad, Islamic Hedging: Gambling or Risk Management?, (August 27, 2008).
- Penelope Andrews, Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, (Utah Law Review, 2009).
- Joseph Vining, Is There an Implicit Theology in the Practice of Ordinary Law?, (Mercer Law Review Vol. 53, No. 3, Oct. 2008).
- Kenneth L. Marcus, Privileging and Protecting Schoolhouse Religion, (Journal of Law and Education, 2008).
- Rod Dixon, Pledging to God While Getting a Public Education: Why a Wall of Separation Divides Ceremonial Celebration from Religious Indoctrination: Elk Grove Unified School District V. Newdow and the Right of Parental Privacy, (October 13, 2008).
- Ann Piccard, Faith-Based and Community Initiatives: Unconstitutional Delegations of Executive Power, (Oct. 13, 2008).
From SmartCILP:
- Steven Wilf, The Ten Commandments Cases: A View from Within, (40 Connecticut Law Review 1329-1345, 2008).
- 25th Anniversary Issue. Islamic Law in a Globalized World: Implications for Contemporary Finance Law. Introduction by Faiza Soniya Yunus; articles by Mahmoud A. El-Gamal, Scheherazade S. Rehman, Mohammad H. Fadel, Michael J. T. McMillen, Hikmahanto Juwana, Yeni Salma Barlinti, Yetty Komalasari Dewi and Walid Hegazy. (25 Wisconsin International Law Journal 605-835 (2008)).
Recent Books:
- Mark A. Noll, God and Race in American Politics: A Short History, (Princeton Univ. Press, 2008), reviewed in the Chronicle of Higher Education.
- Michael Bachelard, Behind the Exclusive Brethren, (Scribe Publications, Oct. 2008), reviewed by GayNZ.com.
Sunday, October 19, 2008
Times Reports On China's Increasing Restrictions On Muslim Uighurs
Official versions of the Koran are the only legal ones. Imams may not teach the Koran in private, and studying Arabic is allowed only at special government schools.... Students and government workers are compelled to eat during Ramadan, and the passports of Uighurs have been confiscated across Xinjiang to force them to join government-run hajj tours rather than travel illegally to Mecca on their own. Government workers are not permitted to practice Islam, which means the slightest sign of devotion, a head scarf on a woman, for example, could lead to a firing.The government justifies the particularly strict regulation as an attempt to prevent destabilization of the region by forces of separatism, terrorism and religious extremism. Other media have previously published similar reports. (See prior posting.)
Michigan Court Upholds Social Security Number Requirement For Drivers License
In an interesting footnote, however ,the court rejected the state's alternative argument that it has a compelling interest in obtaining the federal funding that is available only if it complies with CSEPA. The court said: "It would indeed be troubling to conclude that Michigan can, without state constitutional ramifications, effectively burden a citizen's free exercise of religion, or any constitutional right, if sufficient monies are thrown in its direction by the federal government."
Recent Prisoner Free Exercise Cases
In Vann v. Hernandez, 2008 U.S. Dist. LEXIS 80272 (ED CA, Oct. 6, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claims that correctional officers used excessive force against him and trashed his cell at least in part because he is Jewish, and that they retaliated against him based on his religion. However the court found no allegations supporting a free exercise claim.
In Torres v. Snyder, 2008 U.S. Dist. LEXIS 80749 (ED CA, Sept. 23, 2008), a California federal magistrate judge dismissed for lack of supporting factual allegations a free exercise claim brought by a prisoner who complained that correctional staff refused to believe that he is white.
In Moro v. Winsor, 2008 U.S. Dist. LEXIS 71705 (SD IL, Sept. 22, 2008), an Illinois federal district court accepted in part and rejected in part a magistrate's recommendations (2008 U.S. Dist. LEXIS 82525, Aug. 5, 2008) in a case brought by a Gnostic Catholic prisoner. Plaintiff alleged delays in receiving religious materials, denial of the opportunity to gather in the chapel or on religious feast days, and prohibition of certain religious items, as well as other violations. The court found that issues of fact remain for determination in plaintiff's free exercise and RLUIPA claims against certain of the defendants, and that some claims for injunctive relief are not moot even though he has been moved to a different facility.
Complaints Aired Over Ban on Teachers At "See You At the Pole"
Saturday, October 18, 2008
Alabama School Board Seeks To Fend Off Litigious Preacher
California's Proposition 8 Pushed By Religious Groups, Especially Mormons
Proposition 8 has exploded into the most expensive, extensive gay-marriage battle ever. The forces pushing it include all the Mormons who've made individual campaign donations totaling more than $9 million (more than 40 percent of the war chest...). Conservative Catholics, including the Knights of Columbus, have kicked in more than $1 million. Other notable backers include Dobson's Focus on the Family (about $500,000), a wealthy board member of that group ($450,000), an Orthodox Jewish group based in New York City, evangelical groups from all over, miscellaneous Baptists and Muslims and Sikhs, the National Organization for Marriage (about $950,000), the American Family Association ($500,000), a couple of right-wing foundations ($1.5 million), and countless Republicans who don't necessarily belong to any of the other groups.
Louisiana Governor Criticized For State Travel To Worship In Various Churches
Justice Department 2007 Memo Says RFRA Trumps Non-Discrimination Law
In the memo, OLC concluded that requiring World Vision to comply with the JJDPA nondiscrimination provision would substantially burden its religious exercise, and enforcing the religious nondiscrimination provision would not further a compelling governmental interest. Some civil rights groups took strong exception to the newly released memo. ACLU senior legislative counsel Christopher E. Anders called it "the church-state equivalent of the torture memos."
Vietnam Official Wants Hanoi Archbishop Ousted
Vatican Issues Commentary on Religion and Government
[This] means: "Give to Caesar what God himself wants to be given to Caesar." ... We are not divided between two loyalties; we are not forced to serve "two masters." The Christian is free to obey the state, but he is also free to resist the state when it goes against God and his law.... [Y]ou must first obey God and your own conscience....
Paying appropriately levied taxes is for the Christian ... a duty of justice and therefore an obligation of conscience.... The "Catechism of the Catholic Church" reminds us that tax evasion, when it reaches certain proportions, is a mortal sin.... It is stealing ... from the community, that is, from everyone. Naturally, this supposes that the state is just and equitable in imposing taxes.
Christian cooperation in building a just and peaceful society does not stop at paying taxes; it must also extend itself to the promotion of common values such as the family, the defense of life, solidarity with the poor, peace. There is also another sphere in which Christians must make a contribution to politics.... Christians must help to remove the poison from the climate of contentiousness in politics, bring back greater respect, composure and dignity to relationships between parties....
Friday, October 17, 2008
7th Circuit Limits Taxpayer Standing In Suit Seeking Restitution From Notre Dame
Philippines House Passes Bill To Ban Religious Labels In Reporting On Criminal Suspects
Groups Criticize Kyrgyzstan's Proposed Religion Law
The proposed law will also ban the free distribution of religious literature. Parliamentary Deputy Zainidin Kurmanov, one of the law's authors, said: "It is very unpleasant when you are on the street when someone comes up to you and forces on you their ideas on their religion." He also said that extremist literature is being distributed as religious tracts.
Policy Change On Gay Pride Parade Results In Injunction Denial For Firefighters
Virginia Break-Away Anglican Congregations Score Another Victory
This ruling follows another important one made on September 26 in which Judge Bellows rejected challenges by the Episcopal Church to the validity of the votes authorizing eleven conservative congregations to break away from the Episcopal Church. The court now must still decide on the ownership of a handful of additional properties, including whether a 276-year-old church once attended by George Washington belongs to the Christ Episcopal Church in Alexandria. (See prior related posting.)
Texas Atheist Group Releases Voters Guide
Thursday, October 16, 2008
Court Dismisses Church's Challenge To Closure Ordered By Synod
Texas Appoints 3 Anti-Evolutionists To Curriculum Review Panel
It's simply stunning that any state board members would even consider appointing authors of an anti-evolution textbook to a panel of scientists.... Texas universities boast some of the leading scientists in the world.... It’s appalling that some state board members turned to out-of-state ideologues to decide whether Texas kids get a 21st-century science education.[Thanks to Scott Mange for the lead.]
Consent Decrees In Two Christian Free Speech Cases
ADF has also announced a consent decree in a second case, Foht v. Village of Kewaskum, (ED WI, Oct. 14, 2008). Plaintiff, who was placing Christian literature on the door handles of residences was threatened with fines under a village ordinance banning various kinds of literature distribution. Subsequently the Village repealed the ordinance. In the consent order, the court found that the prior ordinance was facially unconstitutional, but dismissed the lawsuit without prejudice. The Village agreed to pay nominal damages and plaintiff''s attorneys fees.
Saudi Resigns From Municipal Council In Protst Over Eid Festivities
Fair Use Claim Filed In Dispute Over Anti-Muslim Remarks on YouTube
Wednesday, October 15, 2008
Army Base Jewish Lay Leader Criticized For Reaction To Anti-Semitic Incident
He has a drill sergeant who has never seen a keepah in his life and treated him less than mommy and daddy would and made some derogatory comments about his faith. This whole thing is an issue of overreaction. Should his drill sergeants have known better? Yeah. But they didn’t. I was at a party where people talking about Jewing somebody down. It goes on. Does it make it right? No. But it’s basic training. You can’t control 100 or so soldiers. I mean everybody uses the “n” word now and then” to refer to African Americans....Block also interviewed the drill sergeants who were reprimanded for referring to Handman as "Juden," "kike" and "fucking Jew." Block said: "these are two absolutely contrite individuals who did not understand what they were saying. One of the drill sergeants spent time in Germany. Juden is the German word for Jew. To some Jews it may have a pejorative impact. But it’s a legitimate word in German."
Any young Jew who uses his minority status to play the system is villainous. There’s that element that I am being discriminated against.
Indian Government Claims Ram's Bridge Not Essential To Hindu Beliefs
Meanwhile, however, complying with an earlier suggestion by the court, the government has appointed a special committee to examine whether it would be possible to create an alternative and shorter sea route around India’s southern tip, and in that way avoid damage to the Rama Setu.
Suit Seeks To Have Ex-Gays Protected By DC Human Rights Act
Edmond Oklahoma Raises Concerns With Proposed Expenditure For Statue of Jesus
State Senator's Suit Against God Dismissed For Lack of Service
Cert. Filed In Coach's Attempt to Pray With His Team
UPDATE: Here is the Petition for Cert and the amicus brief in support of the petition filed by the American Football Coaches Association.
Monday, October 13, 2008
Tax Lien Sale For Synagogue's Back Taxes Will Be Tomorrow On Sukkot
British Ministry Report Promotes Faith-Based Partnerships In Corrections
In response to the report, the British Humanist Association issued a statement expressing "extreme disappointment at the Government’s plans to further increase and promote 'faith' in the management of offenders, both in prisons and in the community."3.3 Faith-based organisations make up a substantial part of the third sector, with a long history of working with offenders in prisons, through the gate, and in the community. This includes work that is non-faith-based; access to spiritual care and support for offenders who are of faith; and support for offenders returning to communities where faith is a strong part of the fabric of that community and where faith organisations can help build trust and acceptance and support effective reintegration.
Faith-based organisations can offer an invaluable link into communities, including to those who are not part of other networks or accessing mainstream services and support. Because religion occupies a central place in the culture and identity of many minority ethnic and refugee communities, faith-based organisations can be the principal gateway and source of support to these communities....
Forced Conversions To Hinduism Reported In India's Orissa State
Suit Claims College Students Disciplined for Praying
Opposition To Westhampton Beach NY Eruv Continues From Community
The 18-page legal brief opposing the eruv puts forth a number of arguments as to why it would violate separation of church and state limitations, despite court cases elsewhere that have approved such arrangements. In part arguments focus on the fact that under Jewish religious law, the symbolic enclosure of space needs to be accompanied by a civil government proclamation, although that could come from the governor or state attorney general instead of the village board. The brief argues that village approval of the eruv along with a proclamation would be a government act carrying out religious law. It also contends that permitting the eruv would violate the principle of neutrality, and would be endorsement of an identified religious enclave with specific geographical boundaries. [Thanks to Steven H. Sholk for the lead.]
Recent Articles and Books of Interest
- Paul Horwitz, Religion and American Politics: Three Views of the Cathedral ,(October 2, 2008).
- George P. Smith, Biotechnology, Religion, Modern Science and Law: Shaping or Testing the New Modernity? The Curse of Itching Ears, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-30 (2006).)
- Peace With Creation: Catholic Perspectives on Environmental Law. Keynote address by Archbishop Harry J. Flynn; welcome address by Sen. Amy Klobuchar; articles by William C. French, Keith Douglass Warner, John Copeland Nagle, Lucia A. Silecchia, John Hart, Andrew P. Morriss, Gregory R. Beabout, Jamison E. Colburn and Jerome M. Organ. 5 University of St. Thomas Law Journal 1-287 (2008).
Recent Books:
- John Garrard & Carol Garrard, Russian Orthodoxy Resurgent: Faith and Power in the New Russia, (Princeton University Press, 2008).
- Macel Falwell with Melanie Hemry, Jerry Falwell : His Life and Legacy, (Howard Books, 2008).