Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, November 04, 2008
Apartment Manager- Tenant Battle Over Statue of Jesus
Iraqi Minority Religions Voted Some Representation On Provincial Councils
Army Discharges Trainee Who Assaulted Target of Anti-Semitism
Religious Issues Will Be Important In Upcoming Israeli Elections
Monday, November 03, 2008
Morocco Bars French Magazine Issue On Relationship of Christianity and Islam
Ballot Measures In 6 States Watched By Religious Groups
- Florida- Proposal 2- Marriage Protection Amendment.
- California- Proposition 8- Initiative to Eliminate Right of Same-Sex Couples to Marry.
- Arizona- Proposition 102- Constitutional Amendment Relating to Marriage.
- Michigan- Proposal 08-12- Proposed Constitutional Amendment on Human Embryo and Embryonic Stem Cell Research.
- South Dakota- Initiated Measure 11- To Prohibit Abortions Except in Cases Where the Mother's Life or Health Is At a Substantial and Irreversible Risk, and In Cases of Reported Rape and Incest.
- Colorado- Amendment 48- Definition of Person.
New Articles and Book of Interest
- Richard J. Ross, Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of 'Intensity', (American Historical Review, Vol. 113, pp. 975-1002, 2008).
- John Witte & Joel A. Nichols, More than a Mere Contract: Marriage as Contract and Covenant in Law and Theology, (University of St. Thomas Law Journal, Vol. 5, p. 595, 2008).
- Barbara P. Billauer, With Liberty and Justice for All: Abortion, Religious Freedom and the Constitution, (October 31, 2008).
- A. Scott Loveless, The Forgotten Founding Document, (October 23, 2008).
- Thomas Charles Berg, Religious Choice and Exclusions of Religion,(PENNumbra, 2008).
- Ben Saul, Wearing Thin: Restrictions on Islamic Headscarves and Other Religious Symbols, (FORCED MIGRATION, HUMAN RIGHTS AND SECURITY, pp. 181-212, J. McAdam, (ed), Hart Publishing, UK, 2008).
- Phiolmila Tsoukala, Marrying Family Law to the Nation, (October 23, 2008).
- Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations, (in PLI Course Handbook, Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings, October 2008).
- Daniel Dalton, The Religious Land Use and Institutionalized Persons Act Update, 40 Urban Lawyer 603-622 (2008).
- David F. Holland, Sovereign Silences and the Voice of War in the American Conflict Over Slavery, 26 Law & History Review 571-594 (2008).
- John S. Kane, Refining Chevron--Restoring Judicial Review to Protect Religious Refugees, 60 Administrative Law Review 513-591 (2008).
- Lena Salaymeh, Early Islamic Legal-Historical Precedents: Prisoners of War, 26 Law & History Review 521-544 (2008).
- Narendra Subramanian, Legal Change and Gender Inequality: Changes in Muslim Family Law in India [abstract], 33 Law & Social Inquiry 631-672 (2008).
- Eli Wald, The Rise of the Jewish Law Firm or Is the Jewish Law Firm Generic?, 76 UMKC Law Review 885-938 (2008).
- John Witte, Jr. Rights, Resistance, and Revolution in the Western Tradition: Early Protestant Foundations, 26 Law & History Review 545-570 (2008).
- The full text of Volume 47, No. 2 (2008) of the Journal of Catholic Legal Studies is available online. It includes a Symposium on Catholic Teaching, Catholic Values, And Catholic Voters: Reflections On Forming Consciences For Faithful Citizenship, as well as articles on migration, just wars, and economic ordering.
- Journal of Church & State, Vol. 50, No. 3 (Summer 2008) has recently been published. The Table of Contents is online.
- Tarek Fatah, Chasing a Mirage — The Tragic Illusion of the Islamic State, (John Wiley & Sons, May 2008), reviewed in Pakistan's Daily Times and Haaretz.
Muslim Group To Meet In Vatican On Interfaith Relations
Presidential Campaigns Target Church Members Yesterday
India's Tribal Religions Want Separate Census Recognition
Sunday, November 02, 2008
Malaysia About To Bar Muslims From Practicing Yoga
Canadian Court Concerns Over Kirpan Lead To Testimony Via Teleconference
Children Taken In Anti-Polygamy Raid 50 Years Ago Want Apology
Recent Prisoner Free Exercise Cases
In McQuiter v. Burnett, 2008 U.S. Dist. LEXIS 74909 (WD MI, Sept. 29, 2008), a Michigan federal district court adopted in part a magistrate's recommendations, 2008 U.S. Dist. LEXIS 85739, (July 30, 2008). The court agreed that summary judgment should be granted to defendants because valid reasons exist to refuse to provide prisoner plaintiff a Kosher diet. Prison officials found that plaintiff's lack of knowledge about his claimed religious beliefs indicated a lack of sincerity. However the court rejected the magistrate's conclusion that Plaintiff may assert individual capacity claims under RLUIPA.
In Mann v. Wilkinson, 2008 U.S. Dist. LEXIS 86606, (SD OH, Sept. 17, 2008), an Ohio federal district court held that an inmate's claim regarding officials' refusal to return to him a pamphlet setting out the Christian Identity Church's doctrinal statement of beliefs is now moot. The pamphlet has been returned to him and changes in the screening process for religious literature make future withholding of religious publications is certainly unlikely. (See prior related posting).
In Wiley v. Glover, 2008 U.S. Dist. LEXIS 87185, (MD AL, Sept. 3, 2008), an Alabama federal magistrate judge recommended dismissal of a claim by a Hebrew Israelite prisoner that his free exercise rights were violated by the jail's hygiene policy requiring him to have short hair. On Oct. 17, (2008 U.S. Dist. LEXIS 83979), the court vacated its earlier adoption of the magistrate's recommendations and gave plaintiff until Nov. 3 to file objections to the magistrate's report.
In Vazquez v. Brown, 2008 U.S. Dist. LEXIS 87993, (D NJ, Oct. 30, 2008), a New Jersey federal district court denied a preliminary injunction to a prisoner of the Santeria faith who was denied a consecrated beaded necklace, and was required to obtain religious oils through the prison chaplain instead of having them mailed directly.
In Maier v. Mavrinac, 2008 U.S. Dist. LEXIS 87949, (D MT, Oct. 30, 2008), a Montana federal district court dismissed a prisoner's free exercise claim regarding conditions of administrative segregation because plaintiff had been transferred out of the correctional facility about which he complained.
Saturday, November 01, 2008
Dutch Cabinet Proposes End of Blasphemy Law, Expansion of Hate Speech Ban
Ads On Donations From Atheists Continue In North Carolina Senate Race
VA High Court Approves Tax Exemption For Upscale Retirement Community
Tax Incentives By Tennessee County For Bible Park Questioned
Friday, October 31, 2008
Vermont Candidate Places Anti-Semitic Statements In State Voters' Guide
Are any of the people, in charge of organizations holding candidate forums and debates, Jewish? Some Jews allegedly discriminate against Disabled Vermonters. Some Jewish Doctors, Social Workers, Police, and Housing Authority Administrators allegedly "talk down" to Disabled People.... Jews have no right to impose their religious Law of discrimination against Disabled People when they receive state and/or federal funding for Police, Housing Authority, Medicaid, Medicare, and organizations holding candidate debates and forums.Before publishing this year's booklet, Secretary of State Deb Markowitz asked Vermont's attorney general whether she could edit out the offending statements. She was told that the law authorizing the publication, as well as First Amendment speech protections, preclude editing of candidates' statements.
For Halloween, British Government Asked To Pardon 16th to 18th Century Witches
AU Asks IRS To Investigate NC Baptist Convention Speech By Michelle Obama
Thursday, October 30, 2008
Las Cruces Lawsuit Ends
Arizona Supreme Court Will Review School Voucher Decision
Israel Supreme Court Permits Museum Construction Over Old Muslim Cemetery
Three Algerian Christians Acquitted
Religion Remains Important In This Year's Political Campaigns
The electorate has become part of the conversation. Catholic News Service yesterday reported on a 58-page booklet authored by Boston physician, Dr. Patrick Whelan, titled The Catholic Case for Obama.
In North Carolina, a different kind of argument over religion is playing out in the heated U.S. Senatorial campaign. Fox News yesterday reported that incumbent Republican Sen. Elizabeth Dole is accusing her Democratic challenger, Kay Hagan, of of attending a "secret fundraiser" sponsored by the Godless Americans PAC. The ad (YouTube video) says of Hagan: "She hid from cameras. Took godless money. What did Kay Hagan promise in return?" Hagan has demanded that Dole take down the ad, but the Dole campaign says the ad will remain.
UPDATE: Here is Kay Hagan's ad respoonding to Dole's charges. And the AP reported that on Wednesday Hagan filed a lawsuit in Wake County (NC) Superior Court accusing Dole of defamation and libel, charging that Dole's ad is injuring Hagan's good name and reputation.
Three Lawsuits of Interest Are Settled
In Pennsylvania, Shippensburg University has agreed to change its rules in order to settle a lawsuit by a student group, the Christian Fellowship. In February, student senate invoked university rules to object to the group's requirement that its members be Christians and its president to be a man. Tuesday's Christian Post reports that a similar lawsuit was settled in 2004. (See prior related posting.)
In Wyandot County (Ohio) Common Pleas Court, members of the St. Joseph Catholic Parish in Salem Township, whose rural Ohio church was closed by the diocese, filed suit in 2006 to obtain control of the parish's funds and property. Yesterday's Toledo Blade reports that a settlement agreement has been reached under which the church building, meeting hall, and related property will be transferred to the non-profit St. Joseph-Salem Heritage Society which was formed by ex-parishioners to preserve the parish's history. The agreement places some restrictions on the Society's future use of the buildings.
Wednesday, October 29, 2008
International Catholic Group Issues Report On Religious Freedom
ACN's Oct. 29 press release on the report says that religious worship is under attack in more than 60 countries. It concludes: "violations of freedom of worship take place increasingly less for ideological reasons and increasingly more often because of power games. The attempt to stop religious freedom is addressed above all at impoverishing States, maintaining the population in conditions of slavery. In other nations ... such as for example China, fear of opening to freedom of worship coincides with the fear of encouraging other freedoms."
The organization has also issued a shorter report (112 pages) titled Persecuted and Forgotten?, focusing on religious persecution in 30 countries.
11th Circuit Upholds County Legislative Prayers With Sectarian References
The appellate court, however, agreed with the district court that the prayer policy of the Planning Commission during 2003-04 was unconstitutional because it excluded certain faiths from the list of potential invitees. It agreed that nominal damages could be awarded for the violation. The majority opinion was written by Judge William Pryor who, before joining the court, was attorney general of Alabama. In that role he was part of a high profile church-state controversy involving the removal of Alabama's Chief Justice Roy Moore.
Judge Middlebrooks dissenting argued that the prayer policies of the county violate the Lemon test because they have both a religious purpose and effect and involve excessive entanglement of the state with religion. He argued further that the Marsh exception for legislative prayer should be limited to "invocations before the United States Congress and the state legislatures." He added:
I concur with the majority that judges, as representatives of the government, have no business editing or evaluating the content of prayer. However, I also believe that sponsorship of prayer by these commissions presents a similar, although less direct, danger. When state sponsored prayer is a perfunctory and sterile exercise marking the beginning of a commission agenda, religion becomes the casualty.Americans United issued a press release criticizing the decision. Yesterday's Columbus (GA) Ledger-Enquirer reported on the decision. [Thanks to Alliance Alert for the lead.]
RLUIPA Does Not Protect Church Against Watershed Ordinance Restrictions
NY High Court Upholds Rules On Free Water For Churches
First Execution by Shariah Court In Somalian Port City Carried Out
City Sued Over National Day of Prayer Observance
Court Holds Ministerial Exception Inapplicable To Quaker Directorship Positions
A Pennsylvania federal district court rejected AFSC's assertion of the "ministerial exception" as a defense in the lawsuit. First it found that defendant had waived the defense. However, even if it was not waived, the exception would not apply because the positions at issue were not pastoral or ministerial in nature. The court denied defendant's motion for summary judgment, holding that there was sufficient evidence for a jury to find that the reasons given for not hiring plaintiff were pretextual.
Appeal to 9th Circuit Filed In Arizona Town Sign Ordinance Case
Pope Speaks On Separation of Church and State
The Catholic Church is eager to share the richness of the Gospel's social message.... She carries out this mission fully aware of the respective autonomy and competence of Church and State. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.
The Church is equally convinced that State and religion are called to support each other as they together serve the personal and social well-being of all. This harmonious cooperation between Church and State requires ecclesial and civic leaders to carry out their public duties with undaunted concern for the common good.
Tuesday, October 28, 2008
Legal Charges Against Anti-Scientology Group Members
Real Estate Agents Increasingly Use Faith Advertising
Court Rejects Challenge To Sikh Temple Election
Exclusion of Juror Wearing Dreadlocks Held Impermissible Under Batson
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.