Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, May 11, 2006
Religious Land Use Issues Continue To Arise
Meanwhile, in Bedford County, Virginia, Liberty Counsel has written the county on behalf of Raymond Bell, the pastor of The Cowboy Church of Virginia, claiming that the county is violating RLUIPA. The owner of a local farm agreed to permit use of his barn every Thursday night for worship services by the Cowboy Church, but the county has issued a Notice of Violation because the farm is not zoned for use for religious meetings. (Liberty Counsel News Release, May 10.) [Thanks to Rick Duncan via Religionlaw for the lead.]
Finally, in Yavapai County Arizona, the Board of Supervisors will hold a hearing next week on a proposed amendment to the county zoning code to require religious institutions and certain schools to obtain use permits before they construct new buildings. The Board's Planning and Zoning committee has recommended a tightening of current regulations so that there will be notification of surrounding property owners and an administrative review process with public comment before construction begins. Opponents of the amendment argue that religious institutions are constitutionally protected from such regulation. (Verde Arizona Independent, May 10.)
India's Supreme Court Rejects Challenge To Muslim Family Law
Wednesday, May 10, 2006
Church Gives 10 Commandments Display To Kentucky County
Director of Evangelism's Retaliation Suit Dismissed Under Church Autonomy Rule
Iranian President Lectures Bush Using Appeal To Religion
Can one be a follower of Jesus Christ (PBUH), the great Messenger of God ... But at the same time, ... because of the possibility of the existence of WMDs in one country, it is occupied, around one hundred thousand people killed, its water sources, agriculture and industry destroyed....
Another big question asked by people is why is this regime [Israel] being supported? Is support for this regime in line with the teachings of Jesus Christ (PBUH) or Moses (PBUH) or liberal values? Or are we to understand that allowing the original inhabitants of these lands – inside and outside Palestine – whether they are Christian, Muslim or Jew, to determine their fate, runs contrary to principles of democracy, human rights and the teachings of prophets? If not, why is there so much opposition to a referendum?....
If prophet Abraham, Isaac, Jacob, Ishmael, Joseph or Jesus Christ (PBUH) were with us today, how would they have judged such behaviour? Will we be given a role to play in the promised world, where justice will become universal and Jesus Christ (PBUH) will be present? Will they even accept us?...
Mr President, According to divine verses, we have all been called upon to worship one God and follow the teachings of divine prophets. "To worship a God which is above all powers in the world and can do all He pleases." ...
We increasingly see that people around the world are flocking towards a main focal point –that is the Almighty God. Undoubtedly through faith in God and the teachings of the prophets, the people will conquer their problems. My question for you is: “Do you not want to join them?”
Mr President, Whether we like it or not, the world is gravitating towards faith in the Almighty and justice and the will of God will prevail over all things.
Apartment Managers Ban Bible Study In Commons Area
The management company involved here, One Management, justified its action as a way of preventing potential tenets from feeling that a particular religion is preferred at the apartment complex. One Management owns between 40 and 50 complexes across the Carolinas and Virginia, and manages 12 others.
UPDATE: Wednesday, after South Carolina lawmakers said that One Management has misinterpreted the law, the management company announced they would allow residents to continue their bible study while the company sought advice from the Special Counsel for Religious Discrimination with the United States Department of Justice. (Fox Carolina News.)
Canadian Hutterites Win Challenge To License Photo Requirement
Defense Bill Would Permit Chaplains To Offer Sectarian Prayer
Each chaplain shall have the prerogative to pray according to the dictates of the chaplain’s own conscience, except as must be limited by military necessity, with any such limitation being imposed in the least restrictive manner feasible.Current policies of the military and military academies generally call on chaplains to offer non-denominational inclusive prayers when offering invocations at military ceremonies. (See prior postings 1, 2 .) Yesterday's Washington Times, disclosing the language, quoted House Armed Services Committee Chairman Duncan Hunter who said it is "folly" to tell chaplains to "start editing prayers."
Tuesday, May 09, 2006
Court Holds RFRA Applies To Guantanamo Bay
California Hearings On Bill To Limit Relief For Public Religious Displays
Louisiana Senate Passes 10 Commandments Bill
Some Protestant Churches Oppose Federal Marriage Protection Amendment
Call For Implementing Civil Burial Option In Israel
UPDATE: Jerusalem's Mayor Uri Lublianski has announced that Jerusalem will create a cemetery for free burial of secular Israelis, despite opposition from the city's large ultra-Orthodox community. The first secular cemetery to be endorsed by a municipal government, it should be completed by 2007. (Haaretz, May 9.) [Thanks to Dick Schectman for the lead.]
Bank Charged With Unnecessarily Closing Muslim Charity's Account
Monday, May 08, 2006
First Amendment Religion Casebooks and Texts Available
Foundation Press:
- Volokh's The Religion Clauses and Related Statutes, Problems, Cases and Policy Arguments (2005).
- Conkle's Constitutional Law: The Religion Clauses (2003).
- Noonan and Gaffney's Religious Freedom: History, Cases Interaction of Religion and Government (2001, with 2005 Supplement).
- Michael W. McConnell, John H. Garvey & Thomas C. Berg, Religion and the Constitution (2nd Edition, 2006).
- Stephen G. Gey, Religion and the State (2001, plus annual supplements).
- Ravitch's Law and Religion, A Reader: Concepts, Cases and Theory (2004).
- Berg's The State and Religion in a Nutshell (2nd Edition, 2004).
- Loewy's Religion and the Constitution: Cases and Materials (1999, with 2002 Supplement).
Egyptian Government Appeals Ruling Recognizing Bahai
Recent Prisoner Free Exercise Decisions
In Jordan v. Lynn County Jail, 2006 U.S. Dist. LEXIS 26358 (ND Iowa, April 20, 2006), an Iowa federal district judge accepted a magistrate's recommendation to deny summary judgment to jail officials on an inmate's claim that he should have been allowed to attend Christian church services even though he also wanted to observe Muslim religious practices.
In Clark v. Levesque, 2006 U.S. Dist. LEXIS 25917 (D. Conn., March 17, 2006), a Connecticut federal district judge denied a Rastafarian prisoner's claim that his free exercise rights were violated when Connecticut prison officials, experiencing overcrowding at in-state facilities, transferred him to a federal correctional facility in Virginia with a strict grooming policy that disciplined him for refusing to cut his hair and shave. The court also rejected his claim that his treatment upon his return to a Connecticut prison was retaliation against him for practicing his religion.
Persecution Of Protestants Continues In Uzbekistan
Librarian Wins On Claim For No Sunday Work
Sunday, May 07, 2006
Competing 10 Commandments-Amendments Days Declared For Today
Meanwhile, a competing group has declared today to be Ten Amendments Day. Its website says: "On May 7th, a Ten Commandments Day Commission and millions of followers are lobbying to replace the Ten Amendments with the Ten Commandments, replacing our civil rights with their religious preferences. This attempt to align the power of government with the authority of God challenges the Establishment Clause of the First Amendment and endangers the rights protected by the other Nine."