Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, October 05, 2008
Recent Prisoner and Institutionalized Persons Free Exercise Cases
In Lovelace v. Bassett, 2008 U.S. Dist. LEXIS 74190 (WD VA, Sept. 27, 2008), a Virginia federal district court allowed an inmate to proceed with his claim that he was served one-third fewer calories per day during the month of Ramadan. Plaintiff alleged that this violated his rights under the free exercise clause, RLUIPA, the due process clause and the equal protection clause.
In Barnes v. Fedele, 2008 U.S. Dist. LEXIS 74117 (WD NY, Sept. 26, 2008), a New York federal district court permitted a Hebrew Israelite inmate to proceed with his claim that his religious head gear was improperly taken from his cell. He was also permitted to proceed with his complaint that he was improperly denied kosher meals.
In El Badrawi v. Department of Homeland Security, 2008 U.S. Dist. LEXIS 74499 (D CT, Sept. 22, 2008), a former inmate brought damage claims in part for officials' refusal to serve him meals consistent with his Ramadan observance. The court permitted him to proceed with his claim that this violated his 1st Amendment rights. It also granted him leave to amend his RLUIPA claim to sue the warden in his individual capacity. The court held that RLUIPA does not authorize a claim for damages in a suit against the warden in his official capacity.
In Richardson v. Zimmerman, 2008 U.S. Dist. LEXIS 74993 (CD IL, Sept. 29, 2008), an Illinois federal district court rejected complaints about food substitutions and meal quality brought as free exercise and equal protection claims by an African Hebrew Israelite inmate who was being served a vegan diet.
Strutton v. Meade, 2008 U.S. Dist. LEXIS 76608 (ED MO, Sept. 30, 2008), involved free exercise and RLUIPA claims by a Wiccan who had been civilly committed to the Missouri Sexual Offender Treatment Center. Plaintiff asserted a variety of infringements of his ability to practice his religious faith and possess religious items. While rejecting many of his claims, the court concluded that there was enough evidence for plaintiff to move ahead on his challenge to the limit on Wicca group worship to one hour per week. It also permitted him to proceed on his Establishment Clause challenge to a requirement that he participate in Christian prayer at addiction support group meetings.
In Pethe v. Henderson, 2008 U.S. Dist. LEXIS 75847 (ND MS, Sept. 29, 2008), a Mississippi federal district court held that plaintiff had failed to prove that he was not provided the proper diet during the Feast of Unleavened Bread that he observed as a member of the Judaian-Christian faith of the United Church of God.
In United States v. Amawi, 2008 U.S. Dist. LEXIS 76097 (ND OH, Aug. 28, 2008), an Ohio federal district court rejected a Muslim prisoner's objections on religious grounds to prison rules requiring him to be strip searched after contact visits with his counsel.
In Warren v. Peterson, 2008 U.S. Dist. LEXIS 76453 (ND IL, Sept. 25, 2008), an Illinois federal district court allowed an African Hebrew Israelite inmate to proceed with his claim against a prison chaplain (but not against other defendants) alleging that he failed to receive the vegan meals for which he had been approved because of the chaplain's failure to process required paper work .
In Robinson v. United States Government, 2008 U.S. Dist. LEXIS 76653 (ED NY, Sept. 18, 2008), a New York federal district court permitted an inmate to move ahead with his complaint against a corrections officer who allegedly broke up a Jewish high holiday service being held at a detention center and made anti-Semitic remarks to plaintiff. Claims against the Bureau of Prisons and the United States were dismissed.
In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 77015 (SDNY, Oct. 2, 2008), a New York federal district court agreed with a magistrate judge's recommendation to grant summary judgment to defendants in a case in which a prisoner asserted violations of his rights when he was denied kosher meals on four occasions during his transfer between institutions.
Saturday, October 04, 2008
Subpoena For Megachurch Records Turns On Technicality of IRS Bureaucracy
Internal Revenue Code Sec. 7611 , enacted in 1969, among other things requires that a church tax inquiry can be commenced only if it is authorized by "an appropriate high-level Treasury official." The section defines that as an official "whose rank is no lower than that of a principal Internal Revenue officer for an internal revenue region." However, in 1998, the IRS was restructured so that regional commissioners were eliminated and instead a system of national directors for separate types of taxpayers was set up. In this case, the investigation was authorized by the director of exempt organization examinations -- a position that is fourth in line in the IRS organization chart. Living Word Church argues that Sec. 7611 requires a higher level official to approve the summons. (See prior related posting.)
Federal Lawsuit Challenges National Day of Prayer
British Court Grants Asylum To Muslim Converts To Christianity
School Ban On Student Speech Claiming Supremacy of Religious View Struck Down
Court Rejects Establishment Clause Challenge To School Program
Federal Court Removal Denied For Counterclaims In Yeshiva Housing Case
Friday, October 03, 2008
Prosperity Gospel May Have Helped Create Sub-Prime Mortgage Victims
Court Finds No Viewpoint Discrimination In Teacher's Actions On Jesus Poster
FLDS Mother Seeks Damages Against Texas For Legal Action After Ranch Raid
Amish Farmer's Fine For Refusing To Comply With Waste Disposal Rules Upheld
ADL Reports Increase In Anti-Semitic Internet Postings During Financial Crisis
Parents Charged With Homicide For Relying On Faith Healing
Arkansas Court of Appeals Says Mother's Religion Was Not Factor In Custody Award
NY School's Plan For Yoga Creates Church-State Controversy
2009 Religious Freedom Moot Court Announced
Thursday, October 02, 2008
Author Suggests Church-State Questions For Tonight's Vice-Presidential Debate
UPDATE: On last night's CBS Evening News, Katie Couric, ahead of tonight's debate, asked each of the vice-presidential candidates several questions. Two were of particular interest. Here are their answers to a question on church-state separation, and here are their responses to a question about Roe v. Wade.
Army Confirms Anti-Semitic Incident During Solider's Basic Training
A Pentagon investigation into the anti-Semitism (but not the beating) concluded that two non-commissioned officers had: "inadvertently violated the Army Regulation concerning the free exercise of religion by requiring the Soldier to remove his yarmulke and by using inappropriate terms when referencing the Jewish faith. While the actions of the NCO’s were not meant to be malicious, and were done out of ignorance for regulations and cultural awareness, this does not excuse their conduct. The command intends to reprimand both NCO’s for their conduct; require them to present formal blocks of instruction on what religious are authorized for wear; and finally, the battalion chaplain will instruct all cadre members on the Army policy concerning religious accommodation."
Parliament Expands Churches In Which Anglican Couples May Be Married
Suit Challenges College's Rules On Access For Speakers
Justice Department Sues DC Transit Authority For Religious Discrimination
Episcopal Church Settles With 2 Break-Away Virginia Congregations
Sarkozy Defends Ban On Sikh Turbans At Summit With India's Prime Minister
Wednesday, October 01, 2008
Israeli Religious Papers Have Issues on Covering Likely New Prime Minister
Follow-Up On ADF's Pulpit Freedom Sunday
Monday, September 29, 2008
Rosh Hashanah Begins Tonight; Bush Sends Greetings; Financial Bailout Vote Impacted
Meanwhile, the U.S. Senate was scheduled to adjourn beginning at sundown Monday in honor of Rosh Hashanah. That however creates problems with obtaining approval of critical financial bailout legislation that was drafted over the weekend. Politco reported yesterday that Sen. Judd Gregg, who led negotiations on the bill for the Senate Republicans, pleaded for Senators to bring the bill to a vote today because of the need for swift action. CQ Politics today reports that it is likely that a cloture vote on the bill will be set for Wednesday in the Senate. Reform Jews generally celebrate Rosh Hashanah for one day, while Orthodox and Conservative Jews celebrate it for two days. The financial bailout vote schedule could pose a moral dilemma for some of the 13 Jewish members of the Senate who would need to decide whether to attend the Wednesday Senate session on a holiday during which observant Jews generally abstain from work and travel.
Virginia Buddhists File RLUIPA Suit Over Zoning Denial
Spa Owner Says 1st Amendment Protects "Laying On of Hands"
British Muslim Driver Sues Over Handling Alcohol
New Articles of Interest This Week Abound
- Lloyd H. Mayer, The Pulpit, Politics, RFRA, and Institutional Free Exercise, (Notre Dame Legal Studies Paper No. 08-30, Sept. 2008).
- Ira C. Lupu & Robert W. Tuttle, Courts, Clergy, and Congregations: Disputes between Religious Institutions and Their Leaders, (Georgetown Journal of Law & Public Policy, 2009).
- Lynn S. Branham, 'The Devil is in the Details': A Continued Dissection of the Constitutionality of Faith-Based Prison Units, (U Iowa Legal Studies Research Paper No. 08-35 (Sept. 2008).
- Aaron K. Block, When Money Is Tight, Is Strict Scrutiny Loose?: Cost Sensitivity as a Compelling Governmental Interest Under the Religious Land Use & Institutionalized Persons Act of 2000, (September, 23 2008).
- Scott C. Idleman, Private Conscience, Public Duties: The Unavoidable Conflicts Facing a Catholic Justice, (University of St. Thomas Law Journal, Vol. 4, pp. 312-324, 2007).
- Martha M. Ertman, 'They Ain't Whites; They're Mormons': An Illustrated History of Polygamy as Race Treason, (U. of Maryland Legal Studies Research Paper No. 2008-37, September 2008).
- Ira C. Lupu & Robert W. Tuttle, Constitutional Change and Responsibilities of Governance Pertaining to the Faith-Based and Community Initiative, in Research on Innovations in Effective Compassion (HHS, June 2008).
From SSRN (non-US law):
- Kathryn Chan, Taxing Charities/Imposer Les Organismes DeBienfaisance: Harmonization and Dissonance in Canadian Charity Law, (Canadian Tax Journal/ Reue Fiscale Canadienne, Vol. 55, No. 3, 2007).
- Marc Hertogh, What's in a Handshake? Legal Equality and Legal Consciousness in the Netherlands, (Social & Legal Studies, Vol. 18, No. 2, 2009).
- Smita Narula, Equal by Law, Unequal by Caste: The 'Untouchable' Condition in Critical Race Perspective, (Wisconsin International Law Journal, Vol. 26, p. 255, 2008).
From SmartCILP:
- Symposium, The Constitutionality of Faith-Based Prison Units [full text of all articles], 6 Ave Maria Law Review 341-511 (2008).
- David C. Flatto, The King and I: The Separation of Powers in Early Hebraic Political Theory, 20 Yale Journal of Law & Humanities 61-110 (2008).
Sunday, September 28, 2008
Four Texas School Board Members Urge Controversial Bible Curriculum
Texas A&M Sued For Discrimination By Two Iraqi Researchers
U.S. House Calls On Lithuania To Preserve Jewish Cemetery
Maldives Supreme Court Hears Challenge To President's Religious Beliefs
Minivan News reports that arguments in an appeal of the Election Commission decision began in the Supreme Court on Thursday and continue today. Gayoom's lawyers argue that the texts relied upon by the Adhaalath Party are open to interpretation. Underlying the dispute are Gayoom's attempts to creack down on Islamic extremism since a bombing in September 2007 aimed at the country's tourism industry.
Orlando's Ordinance Restricting Feeding Homeless In Parks Held Unconstitutional
Moving to the free exercise claim, while the court had previously held that the Ordinance did not substantially burden First Vagabond Church of God's exercise of religion under Florida's Religious Freedom Restoration Act (see prior posting), it now held that nevertheless it does violate the church's First Amendment free exercise rights. The court concluded that the city has no rational basis for the Ordinance. It found that "none of the legitimate government interests proffered by the City are served by this Ordinance." Friday's Orlando Sentinel reported on the decision, describing the plaintiffs as "a motley group of activists who have been feeding the homeless."
Recent Prisoner Free Exercise Cases
In Falls v. Alton City Jail, 2008 U.S. Dist. LEXIS 72869 (SD IL, Sept. 24, 2008), a federal district judge dismissed an inmate's complaint that Islamic Imams were not allowed to visit the jail for religious services, finding that plaintiff had failed to exhaust his available administrative remedies before filing suit.
In McDowell v. Heffren, 2008 U.S. Dist. LEXIS 71677 (CD IL, Sept. 22, 2008), an Illinois federal district court rejected an inmate's claims that he was disciplined for reciting a prayer, that he was fired from his prison job on the basis of religion and race, and that his religious tape was illegally confiscated.
Saturday, September 27, 2008
Malaysia's High Court Upholds State Laws Prohibiting Religious Deviations
Court Defines Funding Criteria For University of Wisconsin Student Groups
Under this rationale, according to the court, the University could refuse to fund worship if it determined that
activities involving little more than an assembly of students who offer praise to a person, object or idea are less valuable to the forum than an assembly of students who engage in the back-and-forth discussion of an idea. Thus, the University may decline to fund activities involving nothing more than mechanical praise, provided that it does not simultaneously fund secular activities that lack a discussion component.Applying this standard, the court concluded that the University had failed to adequately justify specific refusals to fund activities challenged in this case.
Court Rejects Employee's Discrimination and Establishment Clause Claims
More Tax Twists To ADF's "Pulpit Initiative"
Friday, September 26, 2008
Army Is Sued for Forcing Christian Religious Beliefs On Personnel
The Hays (KS) Daily News reports on the filing of the lawsuit. A posting at God and Country blog points out that this lawsuit is similar to one filed in 2007 by MMRF on behalf of Specialist Jeremy Hall, except the current lawsuit alleges that Chalker, sought permission not to attend the events through "his chain of command and the equal opportunity process," which did not yield "satisfactory results." In a motion to dismiss filed in the Hall case, the Defense Department argued that Hall failed to use existing internal procedures to complain about his treatment. (See prior posting.) [Thanks to Scott Mange for the lead.]
Sunday's Pulpit Initiative Will Challenge IRS Limits On Non-Profits
will deliver to their congregations sermons of their own that apply Scripture to the subject of candidates for government office. The sermons are intended to restore a pastor’s right to speak freely from his pulpit without fearing censorship or punishment by the government. By standing together and speaking with one voice, it is our hope to recapture the rightful place of pastors and churches in American life.Some 33 pastors from 22 states will participate according to the Los Angeles Times. Participants will include Rev. Gus Booth of Warroad Community Church in Minnesota and Rev. Wiley S. Drake of First Southern Baptist Church of Buena Park, California. [CORRECTION: ADF has informed me that Drake will not be one of the participants in the Pulpit Initiative.] Americans United issued a release on Wednesday criticizing the Pulpit Initiative, calling it "a Religious Right-led effort to politicize America’s pulpits." The Interfaith Alliance has posted a video titled Pulpit Politics: The Race for Pastor-in-Chief pointing out dangers of endorsements from the pulpit. (See prior related posting.) [Updated]
9th Circuit Says Genocide Requires Specific Intent
Jewish Congress Members Criticize Kosher Meat Processor
After Arkansas Raid, 6 Children In State Custody, Sect Leader Arrested
En Banc Review Sought From 10th Circuit In Las Cruces Decision
Thursday, September 25, 2008
Britain's 2012 Olympic Bathrooms Will Accommodate Muslim Religious Rules
Britain Plans To End Exclusion of Catholics From Monarchy
Delaware Clergy Sex Abuse Case Settled
Native American Tribe Wins Injunction Under RFRA Protecting Medicine Bluffs
Report: More Job Discrimination Against Muslims; Fewer Anti-Muslim Hate Crimes
Beyond the workplace, the report shows a 340% increase in passenger profiling. However anti-Muslim hate crimes decreased by 19%. Large decreases were also reported in incidents at schools or involving police, in due process complaints, physical violence, denial of service and verbal harassment. Nine states and the District of Columbia accounted for nearly 80% of all complaint with CAIR.
Virginia State Police Chaplains Protest Non-Denominational Prayer Mandate
British Muslim Given Suspended Sentence In Teens' Self-Flogging Ceremony
Wednesday, September 24, 2008
Alaska Federal Court Grants Soldier Conscientious Objector Status
Tancredo Introduces "Jihad Prevention Act"
Gitmo Defendant Grills Judge On His Religious Affiliation
Muslim Group Asks Election Commission to Investigate DVD Distribution
The Clarion Fund that financed the DVD distribution is a non-profit corporation. The complaint also says that the founders and incorporators of Clarion are Israeli citizens connected with the Israeli educational group Aish HaTorah International. Yesterday, CAIR issued a press release discussing its complaint. The Guardian reported that a New York spokesman for Aish HaTorah said that Rabbi Raphael Shore, the producer of the video, was not acting for Aish HaTorah in his work on the DVD. Clarion says the DVD is issue-based, and not an attempt to promote any particular candidate.
Tuesday, September 23, 2008
British Court Sentences Priest Who Refused To Pay Fine On Moral Grounds
Vietnam Tells Archbishop To End Catholic Land Protests
Tomorrow Is "See You At the Pole 2008"
UPDATE: The AP reports (9/24) Americans United executive director Barry Lynn says that teachers who participate in SYATP may be unconstitutionally endorsing religion. He also objected to pastors participating in the student-led events.
Illinois County Sign Ordinance Challenged
Monday, September 22, 2008
A Church-State Aside On the Proposed Financial Bailout
USCIRF Criticizes State Department For Failing To Update CPC List
Rome's Ceremony Marking End of Papal States Shows Current Church-State Divide
Recent Articles, Books & Movie of Interest
- Tsun Hang Tey, Excluding Religion from Politics and Enforcing Religious Harmony, (Singapore Journal of Legal Studies, pp.118-142, July 2008).
- Haemala Thanasegaran, Growth of Islamic Insurance (Takaful) in Malaysia: A Model for the Region?, (Singapore Journal of Legal Studies, pp.143-164, July 2008).
- Oren Gazal-Ayal & Raanan Sulitzeanu-Kenan, Let My People Go? Ethnic Bias of Jewish and Arab Judges in Pretrial Detention Decisions in Israel, (September 14, 2008).
- Andrew M.M. Koppelman, Corruption of Religion and the Establishment Clause, (William & Mary Law Review, Vol. 50, 2008).
- Cynthia Lee, Hate Crimes and the War on Terror, (in Hate Crimes: Perspectives and Approaches, Barbara Perry, ed., 2008).
- Nicholas M. Gaunce & Robert Luther, Deliver Us from Evil: Why Bankruptcy Judges May Properly Rely on the Free Exercise Clause & RFRA to Protect Church Property from the Grasps of Tort-Creditors, (Valparaiso University Law Review, Vol. 43, 2009).
- Lyman P. Q. Johnson, A Role for Law and Lawyers in Educating (Christian) Business Managers about Corporate Purpose, (U of St. Thomas Legal Studies Research Paper No. 08-22, Aug. 29, 2008).
From SmartCILP:
- Thomas Barfield, Culture and Custom in Nation-Building: Law in Afghanistan, 60 Maine Law Review 347-373 (2008).
- Jill Marshall, Conditions for Freedom? European Human Rights Law and the Islamic Headscarf Debate, 30 Human Rights Quarterly 631-654 (2008).
- Eric J. Segall, The Taxing Law of Taxpayer Standing, 43 Tulsa Law Review 673-696 (2008).
- John Witte, Jr. Prophets, Priests, and Kings: John Milton and the Reformation of Rights and Liberties in England, 57 Emory Law Journal 1527-1604 (2008).
Recent Books:
- Douglas W. Kmiec, Can a Catholic Support Him? Asking the Big Questions about Barack Obama, (The Overlook Press, Sept. 2008). (Excerpt on Beliefnet).
- Rodney Stark, What Americans Really Believe, (Baylor Univ. Press, 2008), reviewed in The Lariat.
New Movie:
- Bill Maher, Religulous (Lionsgate, Oct. 2008).
USCIRF Objects To Religious Groups' Invitation To Iranian President
Sunday, September 21, 2008
Nebraska Meat Packing Plant Faces Contentious Religious Accommodation Issue
The ... United Food and Commercial Workers Union Local 22 announced a compromise that would allow Muslims to take breaks to pray and eat shortly after sunset. Then an estimated 1,000 non-Muslim workers, including Hispanics, whites and Christian Sudanese refugees — walked off the job on Wednesday. They were protesting what they viewed as unfair treatment favoring the Muslims. The compromise was withdrawn. About 50 to 80 Muslim workers then walked off the job Thursday, despite the threat of termination. When some tried to return to work Friday, they were told they had been fired.... JBS Swift officials said in a statement Friday they were working with employees and the union to resolve the problems.
Minister In Battle With Pennsylvania Town Over Use of Church For Homeless
Feds Raid Arkansas Church Headquarters In Child Pornography Investigation
Recently Available Prisoner Free Exercise Cases
In Joshlin v. Maricopa County Sheriff's Office, 2008 U.S. Dist. LEXIS 69385 (D AZ, July 22, 2008), an Arizona federal district court rejected a prisoner's complaint that his free exercise rights were violated when he was placed in segregation for having dreadlocks, and when authorities refused to provide him with a copy of the Quran or arrange religious visitations. He was told that if he wished to keep his non-pork religious diet, he must cut his hair because his Muslim faith does not prohibit cutting hair
In Stine v. Wiley, 2008 U.S. Dist. LEXIS 69699 (D CO, Sept. 16, 2008), a Colorado federal district court accepted a magistrate judge's recommendation to dismiss a prisoner's free exercise complaint that he was not permitted to watch religious television programing.
In Percival v. Office of the Governor, 2008 U.S. Dist. LEXIS 70356 (SD TX, Sept. 10, 2008), a Texas federal district court dismissed as frivolous a claim by a Messianic Jewish inmate that requiring him to shave his beard infringed his free exercise rights.
Pakistan Church Wants Government To Intervene In Kidnapping Case
Saturday, September 20, 2008
House Bill Would Assure Right To Post Mezuzahs On Condo Unit Doors
a rule or policy that prevents a person from displaying, on the basis of that person’s religious belief, a religious symbol, object, or sign on the door, doorpost, entrance, or otherwise on the exterior of that person’s dwelling, or that is visible from the exterior of that dwelling, unless the rule or policy is reasonable and is necessary to prevent significant damage to property, physical harm to persons, a public nuisance, or similar undue hardship.Yesterday's New York Sun reports on the legislation that has three other co-sponsors.
NY Social Service Department Suing To Get Heart Surgery For Amish Child
Indian Police Arrest Hindu Activist After Series of Church Attacks
NY Court Orders Specific Performance of Land Sale By Religious Corporation
Friday, September 19, 2008
State Department Issues 2008 Report On International Religious Freedom
The report identifies five categories of infringements upon religious freedom prevalent in various parts of the world:
First, the most severe abuses take place in certain totalitarian and authoritarian regimes that seek to control religious thought and expression.... Second, serious abuses occur in contexts of state hostility toward minority or nonapproved religious groups.... A third category of abuse stems from a state's failure to address forces of intolerance against certain religious groups.... Fourth, abuses occur when governments have enacted discriminatory legislation or taken concrete action to favor majority religions.... A fifth category involves the practice of discriminating against certain religions by identifying them as dangerous "cults" or "sects."The report was sent to Congress as required by Sec. 102(b) of the International Religious Freedom Act of 1998.
UPDATE: The remarks of Secretary of State Condoleezza Rice and the remarks and lengthy Q&A of Ambassador at Large for International Religious Freedom John V. Hanford III at the press conference releasing the Report are available from the State Department's website. Both included in their remarks criticism of proposals at the UN by the Organization of the Islamic Conference to promote the concept of defamation of religion.
Good News Club Suit In Virginia Settled
Suit Challenges DC Land Swap With Christian Homeless Shelter
Today's Washington Post and a release from the ACLU report that plaintiffs include taxpayers plus two homeless men who do not go to the Mission's current shelter because the Mission requires all residents to attend nightly Christian worship services. The Mission also requires all employees and volunteers to be Christians. The complaint in Chane v. District of Columbia asks that either the land swap be blocked, the Mission not engage in religious activities at the new building it is receiving from DC, or that the Mission pay fair market value for the building. Plaintiffs say the shelter is free to engage in religious activity, but not when it is subsidized by government funds. (See prior related posting.)