Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, June 24, 2008
U.S. Muslims Frustrated With Obama's Distance From Them
UPDATE: Last Saturday's Wall Street Journal carried an article on the same topic.
Israel High Court Refuses To Block Jerusalem Gay Pride Parade
Consultant Sues Wisconsin Diocese After Pressure To Turn Over Confidential Data
Pew Forum Issues New Report On Religious Views of Americans
Recent Prisoner Free Exercise Cases
In Harvey v. Adams County Sheriff's Office, 2008 U.S. Dist. LEXIS 46390 (D CO, June 4, 2008), a Colorado federal magistrate judge ruled that a material factual dispute exists over whether an institution's vegetarian diet met a Muslim prisoner's religious needs. He also found that defendants did not show it was reasonable to deny Muslim inmates access to the institution's kosher diet-- in the absence of available Halal food. Plaintiff's rights under the 1st Amendment, RLUIPA and the equal protection clause were not violated, however, when officials failed to provide him a copy of Hadith -- a religious book or hold Muslim religious services.
In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 45901 (SDNY, June 12, 2008), a New York federal magistrate judge recommended granting of 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. The court also rejected his claim that his request to transfer institutions was denied on racial grounds. [Corrected].
In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 47544 (D ME, June 19, 2008), a Maine federal magistrate judge, after having earlier dismissed some of plaintiffs' claims for failure to exhaust administrative remedies (2008 U.S. Dist. LEXIS 47543), recommended that summary judgment be entered for defendant on claims by Native American prisoners regarding a shelter for their ceremonies, the right to have pow wows and feasts, the availability of a sweat lodge, and an entitlement to more funding. Much of the opinion criticizes counsel on both sides for their scanty presentation of facts and legal arguments.
Monday, June 23, 2008
Odinists Win Right To Group Worship In Prison
Church Sites Important In Success of Federal Fugitive Surrender Program
Wrongful Death Suit Over Death of Jehovahs' Witness Girl Dismissed
Legal Maneuvering Goes On In Suits Involving FLDS Trust
Recently Available Scholarly Article of Interest
- Lawrence McNamara, Catch the Fire Ministries v. Islamic Council of Victoria: Religious Vilification Laws in the Victorian Court of Appeal (30 March 2007).
- Patrick Parkinson, Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different, (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007 ).
- David N. Cassuto, Animal Sacrifice and the First Amendment, (in Animal Law and the Courts: A Reader, Taimie Bryant, David N. Cassuto, Rebecca Huss, eds., Thomson West, 2008.)
- Lawrence McNamara, Review of Neil Addison, Religious Discrimination and Hatred Law (Routledge-Cavendish 2007), (6(1) Entertainment and Sports Law Journal (2008)).
From SmartCILP:
- Jennifer S. Evans-Cowley & Kenneth Pearlman. Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning, 21 Tulane Environmental Law Journal 203-232 (2008).
- Pamela S. Karlan, Harris Lecture: Taking Politics Religiously: Can Free Exercise and Establishment Clause Cases Illuminate the Law of Democracy?, 83 Indiana Law Journal 1-20 (2008).
- Ashira Pelman Ostrow, Judicial Review of Local Land Use Decisions: Lessons from RLUIPA, 31 Harvard Journal of Law & Public Policy 717-760 (2008).
- Steven G. Calabresi, Render Unto Caesar That Which Is Caesar's, And Unto God That Which Is God's, Harvard Journal of Law & Public Policy 495- 504 (2008).
Sunday, June 22, 2008
Grand Jury To Meet In FLDS Case; Jeff's Daughter May Testify
Attorney Malonis claims the girl is a victim of sexual abuse, and that Jessop is trying to coerce her to avoid a subpoena to testify to the grand jury. However on Thursday the girl wrote Judge Walther saying that she was not a victim of sexual abuse and is not pregnant. Church leader Jessop says that the court should appoint a guardian ad litem for the girl to argue in favor of the FLDS lifestyle. Attorney Rod Parker, who often speaks for FLDS, argued that the girl needs a new attorney because Malonis has a "dysfunctional relationship" with his client. (See prior related posting.)
9th Circuit Again Rejects Challenge To Cal State's Religious Studies Courses
Court Rejects Challenges To Permit Requirement For Homeless Shelter
Court Says Virginia's RFRA Only Applies In Suit Against Government
Anti-Muslim Bias In Western Europe Explored
[E]ven after 60 years of introspection about the anti-Semitism that led to the Holocaust, Europeans are not convinced that culturally and religiously different immigrants should be treated as full members of their societies....
The U.S. had its own terrible legacy of legalized racism... [H]owever, we began slowly and agonizingly to come to terms with this past. Racial bias is still with us, but so is self-consciousness about our problems and how they must be overcome.
In Europe, by contrast, Hitler’s horrifying success at killing so many Jews meant that the burgeoning postwar societies of the continent never had to come to terms with difference, because it was to a great extent eradicated. Today, as the birthrate for European Muslims far outstrips that for their neighbors, it is as if Europe’s discomfort with difference is being encountered for the first time.
Saturday, June 21, 2008
Ohio School Fires Controversial Science Teacher
Sheriff Tells Church Students That God Was Briefer Than the Ohio Revised Code
Religious Discrimination Charged In Firing of Apartment Managers
Canadian Committee Investigates Pakistan and Indonesia's Persecution of Ahmadis
Danish Appeals Court Upholds Dismissal of Muslim Lawsuit Against Newspaper
Friday, June 20, 2008
In Romania, Priests Try To Unionize
Suit Challenges South Carolina's "I Believe" License Plates
According to the complaint, after the legislature passed the bill authorizing the new plates, Gov. Mark Sanford allowed it to become law without his signature, indicating that he would have preferred that the plate have gone through the normal channels of approval by the Department of Motor Vehicles after a request by a private organization for its issuance. However Lt. Gov. Andre Bauer wants to see the plates produced immediately, and so has offered to put up the $4000 normally required as an alternative to 400 prepaid orders needed for a specialty plate. He expects the state will reimburse him once enough plates have been sold. SC Now yesterday reported on the lawsuit.
Pennsylvania Labor Bill Would Protect Lay Teachers In Religious Schools
Court Says Scheduling Contempt Hearing On Jewish Holiday Did Not Violate Rights
Israel's Justice Minister Wants To Dismiss Rabbinical Judge Who Invalidated Conversions
Large Number of San Diego Employees Opt Out of Performing Gay Marriages
CAIR Wants Indian Official Excluded Because of Religious Persecution
Thursday, June 19, 2008
Blackwater Urges US Court To Apply Afghanistan's Shari'a In Plane Crash Lawsuit
Ohio Township Says Churches Can Use Park Amphitheater
Claim That Pollution Infringes Free Exercise Summarily Dismissed
Pakistan Court Imposes Death Sentence For Blasphemy, But Execution Unlikely
Motion Seeks To Clear Names of Two Islamic Charities
In discussions with petitioners’ counsel ... the government confirmed that it did not believe either ISNA or NAIT had engaged in wrongdoing.... The lead HLF prosecutor explained to petitioners’ counsel that "the government’s public designation of ISNA and NAIT was a legal tactic" intended to permit the introduction of hearsay evidence.
Group Asks Wisconsin Legislature To End Opening Prayers
Obama Campaign Apologizes Over Refusal To Seat Muslim Women In TV View
Wednesday, June 18, 2008
Canadian Doctors At Odds With Jewish Family Over Continuing Life Support
UPDATE: 84-year old Samuel Golubchuk died at Winnipeg's Grace Hospital on June 24, still on life support, before his case went to trial. (CTV.ca).
Science Teacher and School Officials Sued Over Teaching of Religion In Classroom
Canada's Human Rights Commission Studying Approaches To Internet Hate Speech
Church Sues Plano, Texas Over Acreage Requirement for Churches
In Russia, Course For Teachers Spreads "Blood Libel"
Pro-Life Pharmacies Are New Trend
Tuesday, June 17, 2008
Clash Between Religious Liberty and Same-Sex Equality Explored
Louisiana Legislature Passes Controversial Science Education Act
The bill says teachers may use materials to supplement standard textbooks to the extent permitted by the local school board. In a report last week, the Advocate quoted the House sponsor as saying that language added in the House would prevent "any kind of crazy materials from being thrown in there" to supplement textbooks. Americans United last week issued a release saying that if the new law is used to promote religion in Louisiana public schools, it will take legal action. AU fears that supplemental materials used will be anti-evolution books and DVDs created by fundamentalist Christian ministries.
Presumably Gov. Bobby Jindal will sign the bill since he told a Face the Nation interviewer on Sunday that he believes local school boards should decide curricular matters, and that both evolution and intelligent design should be taught. (Full text of interview.) Pressed on his own views on creationism, Jindal said as a Christian, he believes that God played a role in creating the earth and mankind.
UPDATE: Reuters reported on June 27 that Gov. Bobby Jindal signed the Science Education Act into law.
Cert Granted In Case Charging Religious Discrimination In Arrest Conditions
Turkey's AKP Files Defense In Constitutional Court
Kmiec Discusses Abortion Views of Obama and McCain
Senator Obama's position accepts the existing legal regime which leaves the abortion decision with the mother -- which is all right so long as the mother is persuaded to choose life. Senator McCain's position would leave the decision with the individual states -- which is all right so long as the individual states prohibit abortion. Since we are assured of neither, neither position is fully pro-life.In truth, both positions are pro-choice, with the former focused on the individual and the latter focused on the state.... From a standpoint of subsidiarity and prudence, one can make an argument that the Obama position is preferable since it does not arrogate to a higher level that which can be done more effectively below in direct relationship with the mother.... I respectfully disagree with both Senator Obama and Senator McCain since the Constitution was intended as a means to enforce and guarantee the unalienable right to life....
Cert. Filed In Case On Parental Objection To School Talking About Gay Couples
Monday, June 16, 2008
Iraqi Translator Told he Cannot Keep Two Wives In Denmark
USCIRF Continues To Challenge Saudi Texts Used At Islamic Academy In Virginia
In a June 13 response to USCIRF published on its website, ISA says: "The Academy has repeatedly extended invitations to the USCIRF to visit its campus, review materials and meet with teachers and administrators, in order to establish a constructive dialogue. But the USCIRF has refused to accept these invitations, which speaks volumes about the seriousness of the commission’s intentions."
Q&A Discusses Church Property Dispute Cases
Saudi Religious Police Challenged In Lawsuits By Human Rights Lawyer
Al-Lahem has also filed a defamation suit against two newspapers on behalf of al-Huraisi's family after the papers last month reported that religious police had arrested al-Huraisi's brother and others for selling alcohol. Today's Arab News reports on the lawsuit. It claims the news articles violate the Saudi Publication and Printing Law in identifying the brother.
Meanwhile Abdul Rahman Al-Lahem is also representing Umm Faisal who is suing for damages in the Court of Grievances because of her treatment by Saudi Arabia's religious police. Arab News reported yesterday that two members of the religious police detained Faisal and her two daughters in Riyadh in 2004 because the girls, in their automobile, were not covering their faces with the niqab. The police allegedly threw the driver out of the vehicle, drove off with the women, and had an accident, after which they left the women beside the road.
Recent Scholarly Articles and Book of Interest
- Adrien K. Wing & Ozan O. Varol, Is Secularism Possible in a Majority-Muslim Country?: The Turkish Example, (U Iowa Legal Studies Research Paper No. 08-17, 2008).
- Nina J. Crimm, The Moral Hazard of Anti-Terrorism Financing Measures: A Potential to Compromise Civil Societies and National Interests, (Wake Forest Law Review, Vol. 43 (Symposium Issue), 2008).
- Nancy K. Kubasek, Daniel C. Tagliarina & Corrine Staggs, The Questionable Constitutionality of Conscientious Objection Clauses for Pharmacists, 16 Brooklyn Journal of Law & Policy 225-264 (2007).
- Pope John Paul II and the Law, Part II. Articles by Edward N. Peters, Gerard Bradley, Richard S. Myers, James Parry Eyster and Howard Bromberg. 6 Ave Maria Law Review 1-154 (2007).
New Book:
- Barbara Dianne Savage, Your Spirits Walk Beside Us: The Politics of Black Religion, (Belknap Press, forthcoming Nov. 2008).
Sunday, June 15, 2008
Fall-Out From Obama's Church Resignation Continues
Church members feel the church has been unfairly portrayed on the basis of a few negative events, while its broader devotion to battle racism and its creation of a community center with child care, couples counseling and service trips to Africa have been ignored. Meanwhile, some confusion exists over who is senior pastor at the church. Jeremiah Wright, who had supposedly retired, is still listed as senior pastor on last week's service program, but his successor Otis Moss III delivered the sermon.
Artist Changes Name to "In God We Trust"
New Blog On Religious Liberty Launched
DC Circuit Says Chabad Can Proceed Against Russia On Claims To Two Book Collections
The appellate court also agreed with the district court's rejection of a forum non conveniens motion. Finally the court dealt with Russia's Act of State defense. It agreed with the district court that the defense was not available as to the Archive, and vacated the lower court's holding that the Act of State doctrine was an alternative ground for dismissing the claim as to the Library. The court found that while the events of 1917-25 create substantial questions about the applicability of the Act of State doctrine, Soviet actions in 1991-92 that arguably amounted to a retaking of the Library would not be subject to that defense. Judge Henderson concurred in the judgment, but disagreed with the majority's analysis of what must be shown to prove jurisdiction under the FSIA. The decision is discussed by Jurist and in a press release by Bingham McCutchen, attorneys for plaintiffs
Preacher Sentenced For Demonstrating In Restricted Area
Sikh Sues Disney Over Firing
Bush Visits Pope In Vatican
Friday, June 13, 2008
Recent Prisoner Free Exercise Cases
In Hudson v. Jabe, 2008 U.S. Dist. LEXIS 43019 (ED VA, June 2, 2008), a Virginia federal court ordered a pro se plaintiff to particularize his Free Exercise, RLUIPA and equal protection allegations regarding a Virginia prison's refusal to recognize The Nation of Gods and Earth as a separate religious group, the prison's classification of the group as a gang, and the prison's refusal to permit inmates to possess certain religious literature and to practice their religion outside of their cells.
In Gipbsin v. Kernan, 2008 U.S. Dist. LEXIS 41596 (ED CA, May 5, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim against certain of the defendants because plaintiff had not alleged a connection between those defendants' acts and any constitutional deprivation which he suffered.
Florida Ballot Measures on Vouchers, Blaine Amendment Challenged In Lawsuit
UPDATE: Plaintiffs also filed a motion for a temporary injunction (full text) and a Memorandum of Law in support of the motion (full text). [Thanks to Steven Sheinberg for these.]
Ontario Parliament Keeps Lord's Prayer, But Adds Others As Well
Cub Scout In Scotland Objects To Oath To Queen Because of Anti-Catholic Rules
Jewish Pick For Air Force Chief of Staff Inherits Proselytization Issues
Seventh Day Adventist Church Scores Partial Trademark Win
Amish Sentenced To Jail Over Waste Disposal Violations
New Poll on Religion and Public Life
Thursday, June 12, 2008
Report Calls For Understanding Church of England's Role In Welfare System
Minnesota Pastor Challenges IRS Limits On Church Political Involvement
Yesterday a press release from Americans United and the Minneapolis Star Tribune report on developments. Yesterday, AU wrote the IRS urging them to investigate (full text of letter).I am writing you to let you know that I preached a sermon in my church on Sunday, May 18, 2008, that specifically addressed the current candidates for President in the light of the Bible. As you can see from the attached newspaper article, I specifically made recommendations as to who a Christian should vote for.
I have read in the past about how you have a campaign to intimidate churches into silence when it comes to speaking about candidates for office. I am letting you know that I will not be intimidated into silence when I believe that God wants me to address the great moral issues of the day, including who will be our next national leader.
Judge Ready To Rule Against Tangipahoa Parish In Graduation Prayer Case
Judge In FLDS Case Guarded; Joint State Efforts Discussed
In a related development, the Desert News reports today that top law enforcement officials from Utah, Arizona, Nevada and Texas recently met in Las Vegas to discuss cooperative efforts t prosecute crimes within polygamous sects.
9th Circuit Again Certifies Issues To California High Court In Boy Scout Case
South Carolina AG Says Bill On Display of Historical Documents Is Constitutional
UPDATE: Late Wednesday, Gov. Mark Sanford signed the bill into law. (CBN News).
Gambian President Threatens Gays With Punishment Under Islamic Principles
6th Circuit Says Church Autonomy Doctrine Does Not Bar Defamation Case
While we are solicitous of protecting religious services from interference, we do not believe it proper to simply label a sermon as "ecclesiastical" and bar suit. Rather, we ask whether the suit will require us to delve into protected matters of church doctrine, policy, and practice.... We are not asked to determine whether Ogle’s actions complied with church law, whether Hocker’s religious condemnation of Ogle comports with the religious tenants of the COG, or whether Hocker’s statements supported his doctrinal point.... The only issue is whether Hocker’s purported factual statements, made both during a sermon and in multiple other contexts, were falsehoods that harmed Ogle.Finding that Hocker is not a public figure, the court remanded so the trial court could determine whether there had been a showing that the statements made were false and whether the alleged conduct was extreme and outrageous. (See prior related posting.)
Wednesday, June 11, 2008
Muslim Speaker In Maryland School Creates Concern
Recent Scholarly Articles and New Book of Interest
- Richard W. Garnett, Do Churches Matter? Towards an Institutional Understanding of the Religion Clauses (May 9, 2008, Villanova Law Review, Forthcoming).
- John M. Breen, John Paul II, the Structures of Sin and the Limits of Law, 52 St. Louis University Law Journal 317-373 (2008).
- Frederick Lane, The Court and the Cross: The Religious Right's Crusade to Reshape the Supreme Court, (Beacon, June 2008).
Canadian Court Dismsses Employer's Appeal In Religious Discrimination Case
Are Drawings On Fence Religious Symbols or Graffiti?
French Court Denies Damages To Muslim Couple Who Barred Male Intern From Delivery Room
Tuesday, June 10, 2008
Indonesia Stops Short of Dissolving Ahmadiyah Sect
UPDATE: The June 16 Jakarta Post carries an interview with National Commission on Human Rights chairman Ifdhal Kasim who is critical of the government decree. He says it violates the International Covenant on Civil and Political Rights and gives the government too much power to interfere with religion.
Michigan Township Will Vote On Tax To Buy Property Surrounding Cross
9th Circuit Certifies Public Forum Question To Califonia Supreme Court
Newark Schools Settle Case Agreeing Not To Hold Graduations In Church Buildings
Canadian Panel Orders Pastor To Stop Publishing Anti-Gay Remarks
Obama Looks To Religious Voters For Support
Sunday, June 08, 2008
Israeli President Receives Fruits and Vegetables In Honor of Shavuot
Website Allows "Raptured" To E-Mail Their Friends
According to the Christian Post article, the service has a legal explanation for part of its service: "There won't be any bodies, so probate court will take seven years to clear your assets to your next of kin. Seven years, of course, is all the time that will be left. So, basically the Government of the Antichrist gets your stuff, unless you make it available in another way."