Supreme Court Grants Cert. on Sacramental Use of Tea Containing Controlled Substance

Today the U.S. Supreme Court agreed to review a divided en banc decision of the 10th Circuit Court of Appeals in a case brought by O Centro Espirita Beneficiente Unial Do Vegetal seeking a preliminary injunction to allow it to import hoasca for sacramental use. Plaintiffs sought an injunction against the United States under the Religious Freedom Restoration Act, a statute that was previously invalidated as it applied to states, but is still valid as it applies to the federal government. The 10th Circuit en banc came to the same final result as an earlier decision by a divided 3-judge panel, all agreeing that a preliminary injunction should be granted. The Supreme Court will hear arguments in the case in its next term that begins in October 2005.

Illinois Sued Over Requirement for Pharmacists to Dispense "Morning After" Pill

On April 13, the American Center for Law and Justice filed suit challenging Illinois' new temporary emergency rules requiring pharmacies to fill prescriptions for contraceptives "without delay". The pharmacists involved oppose on religious, moral and ethical grounds providing emergency contraception.

U.S. Outreach to Islamic World Falters

The Washington Post today in an article titled U.S. Outreach to Islamic World Gets Slow Start, Minus Leaders reports that the announced efforts of the US government to promote understanding in the Islamic world has made little progress. The Governemnt Accountability Office has reached that conclusion in a recent report, US Public Diplomacy: Interagency Coordination Efforts Hampered by the Lack of a National Communication Strategy.

Sri Lanka Parliament Considering Bill on Conversions

The Asian Tribune, in an article titled Christian Fundamentalists Gang Up Against Bill To Prevent Unethical Conversion In Sri Lanka , reports that "a common front of organized Christian fundamentalists are rallying their forces internationally to block the Freedom of Religion Bill placed before the Sri Lankan parliament to prevent unethical conversions."

The Becket Fund offers a different perspective on the issue.

New Scholarship

Hastings Professor Calvin Massey has posted a new paper on SSRN, The Political Marketplace of Religion.

Judicial Nominations and Religion

On the Congressional front, the New York Times reports that Democratic senators are criticizing Republican majority leader Senator Bill Frist for planning to take part in an April 24 telecast organized by the conservative Christian group, The Family Research Council. The telecast will argue that Democrats who wish to filibuster the President’s judicial nominations are “against people of faith”.

Senator Frist’s website contains a response to Democratic criticism.

Last Week In the Courts

The primary development in the courts this past week (April 14) was the U.S. Fourth Circuit Court of Appeals decision in Simpson v. Chesterfield County Board of Supervisors. Meetings of Chesterfield County’s Supervisors are opened with a “non-sectarian invocation”. The Board invites religious leaders from various congregations in the county to give the invocation. The county refused the request of Cynthia Simpson to be added to the list of invited religious leaders. Simpson, who described herself as a “witch”, belonged to the Reclaiming Tradition of Wicca. The county attorney stated that invocations are normally made to a divinity consistent with the Judeo-Christian tradition.

Relying on the 1983 case of Marsh v. Chambers that upheld Nebraska’s legislative chaplain, the court stated that legislative invocations are not scrutinized with the same rigor as other religious activities. Since Marsh permitted the selection of a legislative chaplain of one faith, the more inclusive policy of Chesterfield County cannot be faulted under the Establishment Clause.

News media have reported widely on this case, with headlines such as Wiccan Bias Suit Against Va. County Dismissed.

The other religion case decided in the courts last week (April 12) was the Washington state court of appeals decision in State v. Gonzalez. It upheld defendant’s bigamy conviction over his claim that his religious convictions required that he be married to any woman with whom he had sexual relations. Otherwise he would commit a sin.