Recent Scholarly Articles Of Interest Online

From SSRN:
Ian C. Bartrum, The Constitutional Structure of Disestablishment, (NYU Journal of Law and Liberty, Vol. 2, p. 311, 2007).

Rev. John J. Coughlin, O.F.M., Canon Law and Constitutional Law: The First Amendment, Anthropology, Separation, and Neutrality, (Feb. 1, 2007, Notre Dame Law School Legal Studies Research Paper No. 07-24).

Jesse R. Merriam, Finding a Ceiling in a Circular Room: Locke v. Davey, Religious Neutrality, and Federalism, (Temple Political & Civil Rights Law Review, Vol. 16, pp. 103-143, 2007).

Kristen A. Carpenter, The Interests of "Peoples" in the Cooperative Management of Sacred Sites, (Tulsa Law Review, Vol. 42, p. 37, 2006).

From NELLCO:
Jeffrey A. Redding, Slicing the American Pie: Federalism and Personal Law, (April 4, 2007, Yale Law School Faculty Scholarship Series, Paper 10).

Indian Penal Officials Bar Easter Mass At Jail Because Of Wine

UCAN reports that a stir over religious freedom has erupted in the southern Indian state of Kerala. On Easter Sunday, officials at a federal jail in Thiruvananthapuram refused to allow three priests into the jail to conduct Easter mass. Officials said that the wine the priests were bringing in for mass was liquor that was prohibited by jail rules. This is the first time in 94 years that officials have prevented Easter mass from being conducted in the jail.

Easter Rally In Nepal Seeks Easter As Public Holiday

In eastern Nepal on Easter Sunday, a thousand Christians walked through the streets of Dharan demanding that the government designate Easter to be a public holiday. UCAN reports that in newly secular Nepal, normally Sunday is a working day and Saturday is the weekly day off.

Christian Law School's Grads Increasingly Hired By Justice Department

Sunday's Boston Globe carries a story on the growing influence of Regent University Law School graduates in the Bush administration's Justice Department. The school, founded by televangelist Pat Robertson, is focused on graduating Christian leaders who will change the world. Regent graduates began to be hired in significant numbers after the 2001 appointment of Regent's government school dean to be director of the federal Office of Personnel Management. Among the graduates who have been hired by the Justice Department is Monica Goodling, the former aide to Attorney General Alberto Gonzales who resigned Friday in the midst of the growing controversy over the firing of eight US Attorneys. [Thanks to Blog from the Capital for the lead.]

Celebrity Couple Face Criminal Prosecution In India Over Wedding Rites

English actress Liz Hurley and her new husband, Indian-born businessman Arun Nayar, face criminal charges in a court in India growing out of their wedding ceremony. Today's This Is London and M&C report on the charges brought by Vishnu Khandelwal, a devout Hindu, who claims that the couple's wedding last month at the Meherangarh Fort in Rajastha violated Hindu custom. He alleges that the couple drank alcohol, that Liz refused to remove her shoes and that the couple kissed in front of cameras during the ceremony. It is also claimed that Hurley wore too skimpy a dress. Liz and Arun are charged under Section 295A of the Indian Penal Code with intentionally causing outrage the feelings of Hindus by insulting their religious and ritualistic beliefs.

Media also reported that Arun's father, Vinod Nayar, has agreed to testify against the couple. Apparently Vinod has disowned his son because of the way Vinod and his wife were treated at the wedding celebrations. If found guilty, Liz and Arun could be fined and sentenced to up to three years in prison.

The complaint against Liz and Arun was initially filed last month, and ITN reported then that the real concern of those filing charges was that the couple had first been married in a Christian ceremony in England, so they were not eligible for a subsequent Hindu wedding. Their attempt to have a Hindu wedding in India as a second ceremony was seen as an attempt to spread Christianity.

Pennsylvania County's No-Smoking Law Impacts Churches

Last Friday's Pittsburgh Catholic reported on a memo sent by the Office for Legal Services of the Catholic Diocese of Pittsburgh on Allegheny County, Pennsylvania's new no-smoking ordinance. The memo attempted to clarify when the no-smoking ban applies to church properties. It applies to parish offices, but not to priests' living quarters. There is an exemption for fund-raising events on parish premises if only unpaid volunteers are used to run the event and if no one under 18 years old is admitted to the premises during the event.

8th Grader's Book Report Creates Church-State Issue

Mt. Washington Middle School in Bullitt County, Kentucky is in the midst of a new church-state battle, according to today’s Louisville Courier-Journal. An 8th grade teacher had given an assignment for each student to write a book report on a book of the student’s choice. Alex Thomas wrote his report on the Bible’s Book of Acts. The teacher videotaped the students reading their reports and began broadcasting them to the school during morning announcements. However, the school's principal, Denise Allen, ended the broadcasts saying that broadcasting young Thomas' report might violate the Establishment Clause and that some of the other 8th grader's book choices might not be appropriate for younger students. However, Thomas' mother says that this violates her son's constitutional rights. She said: "I feel that Christian kids should be allowed to speak about their faith and not be ashamed." She said she has contacted the American Center for Law and Justice that says the school should have merely attached a disclaimer saying that the reports do not necessarily reflect the school's views, instead of ending the broadcasts of the reports.

European Court Rules For Scientologists Against Russia

Last week, the European Court of Human Rights held that Russia had violated provisions in the European Declaration of Human Rights that protect freedom of religion, conscience , and association when it repeated denied re-registration under Russia’s new Religions Law to the Church of Scientology. The Court awarded damages, and said that it was up to the government of Russia to determine how to meet its obligations under the ECHR. It could grant re-registration, remove the requirement to obtain re-registration from the Religions Act, or re-open the domestic proceedings on the Church’s application. The full opinion in Church of Scientology Moscow v. Russia (ECHR, April 5, 2007) is available online, as is a Press Release summarizing the judgment.

A report by Religion News Service says that the judgment will force other European countries to change policies that do not treat Scientology as favorably as other religions.

Preliminary Injunction Against U. Wisconsin Clarified

[Revised] A Wisconsin federal district court has clarified a preliminary injunction that it originally issued on March 9 . The injunction was intended to prevent the University of Wisconsin- Madison from enforcing its non-discrimination policy against the Roman Catholic Foundation in a way that would have prevented its campus chapter from limiting membership to Catholics. However the original order might have been read more broadly than that. So in University of Wisconsin- Madison Roman Catholic Foundation v. Walsh, 2007 U.S. Dist. LEXIS 25670 (WD WI, April 4, 2007), the court issued a new order apparently intended to enjoin enforcement of the Board of Regents' Non-Discrimination Resolution only insofar as it forces inclusion of non-Catholic members in the Foundation. The court also held that it is irrelevant that the Foundation might voluntarily allow non-Catholics to become members since the court's order is concerned with preventing the University forcing non-Catholic members on the group.

Bills On Religion In Schools Introduced In Texas

Jews On First on Friday carried a long posting on Texas House Bill 1287 which would require all Texas school districts to establish elective courses in the history and literature of the Old and New Testaments eras. The bill requires that the Bible itself be used as the basic text for the courses-- a requirement that the Texas Freedom Network recommends be dropped. It also recommends other safeguards be added, such as appropriate training for teachers. The bill has elaborate provisions to protect teachers' and students' choice of the version of the Old and New Testament they will use in the course. It allows teachers to assign other supplemental readings, including material from outside the Judeo-Christian tradition. The bill requires that the courses be taught in an objective, non-devotional manner that does not promote commitment to particular religious beliefs. Critics of the pending bill nevertheless argue that it is tailored to promote a conservative Christian agenda.

Meanwhile, another Texas legislator has introduced the Religious Viewpoint Anti-Discrimination Act (H.B. 3678) into the Texas legislature. OneNewsNow reports that the bill's sponsor, Rep. Charlie Howard, says that the bill is aimed at preventing schools from censoring the religious speech of students. The bill sets out a Model Policy that schools may adopt in order to comply with the bill's provisions.

3 NYPD Officers Fail To Plead That AA Infringed Rights; One Pleads Enough

In four separate cases decided on March 30 by the federal district court for the Eastern District of New York, the court considered claims by New York City police officers that the Establishment Clause was violated when they were forced into participating in Alcoholics Anonymous. In three of the cases, the court held that plaintiffs had failed to adequately plead that their First Amendment rights were infringed. They alleged only that the program was "religious based," but did not indicate whether they were forced to pray or acknowledge God, or whether there were any references to God at all in the program. The cases are Bueno v. City of New York, 2007 U.S. Dist. LEXIS 24766 ; MacShane v. City of New York, 2007 U.S. Dist. LEXIS 25014; and Miller v. City of New York, 2007 U.S. Dist. LEXIS 25016. However, in a fourth similar case decided the same day, the court held plaintiff's allegations that his rehabilitation program made "references to God" to be sufficient to state a claim for a violation of his freedom of religion because a reference to any god is a preference of "religion to irreligion." McNamara v. City of New York, 2007 U.S. Dist. LEXIS 25015. [Revised.]

Recent District and Circuit Court Prisoner Free Exercise Cases

In Armstrong v. Beauclair, 2007 U.S. Dist. LEXIS 24008 (D ID, March 29, 2007), an Idaho federal district court concluded that various Idaho correctional officials and members of the Idaho Parole Commission violated the Establishment Clause by requiring an inmate, over his religious objections, to attend a religiously-based prison rehabilitation program prior to considering his eligibility for parole. The court required that the inmate be granted a new parole eligibility interview and hearing at which his refusal to attend AA sessions would not be considered. It also permitted plaintiff to move ahead with his damage claims against some, but not all, of the defendants.

In Johnson v. Sherman, 2007 U.S. Dist. LEXIS 24098 (ED CA, April 2, 2007), a California federal district court rejected a Rastafarian prisoner's request for a preliminary injunction to prevent prison officials from requiring him to submit to a tuberculosis skin test. The court found that the state had a compelling interest in requiring the test.

In Thomas v. Montana State Prison, 2007 U.S. Dist. LEXIS 25088 (D MT, April 4, 2007), a Montana federal district court affirmed a magistrate's decision rejecting the claim of a member of the Asatru Odinist faith that he was denied access to texts, tools and land necessary for religious worship.

In McFarland v. Ellis, 2007 U.S. Dist. LEXIS 25126 (ED CA, April 3, 2007), a California federal Magistrate Judge permitted a Muslim inmate in a federal prison to proceed with free exercise, equal protection and RLUIPA claims. Plaintiff claimed that he was denied a ceremonial meal to celebrate Eid-ul-Adha (feast of sacrifice), while Jews and Christians were accommodated with special food on their holidays.

In Spratt v. Rhode Island Dept. of Corrections, (1st Cir., April 6, 2007), the U.S. 1st Circuit Court of Appeals reversed a lower court and held that under RLUIPA, Rhode Island had failed to justify its blanket ban on inmates preaching to other inmates. It failed to show that the state's interest in prison security was furthered by the application of the ban to plaintiff who had been preaching in prison for seven years under a prior warden without incident. The Boston Globe on April 7 reported on the decision. (See prior related postings, 1, 2.)

In Safouane v. Fleck, (9th Cir.,March 30, 2007), the U.S. 9th Circuit Court of Appeals affirmed a lower court ruling that a Muslim prisoner's free exercise rights were not infringed when correctional authorities refused to permit her to wear her hijab in jail. Much of the decision, as well as the dissent, focused on other claims in the case.

In Nelson v. Runnels, 2007 U.S. Dist. LEXIS 25327 (ED CA, March 22, 2007), a California federal Magistrate Judge rejected as too vague a prisoner's allegations of RLUIPA violations. Plaintiff alleged that defendants had denied him access to religious services and threatened him for not complying with the grooming standards.

In Keen v. Noble, 2007 U.S. Dist. LEXIS 25211 (ED CA, April 4, 2007), a California federal Magistrate Judge recommended dismissal of First Amendment and RLUIPA claims by a prisoner of the Asatru faith. Plaintiff had requested that he be permitted to possess "runestones" as personal religious property and to construct a "hof" in which to conduct religious practices.

Pope Attempts To Re-Christianize Europe

The cover story in Easter Sunday's New York Times Magazine is on Pope Benedict XVI's attempt to re-Christianize Europe. Titled Keeping the Faith, the wide-ranging article on the Pope's background and beliefs and on the state of Christianity in Europe today concludes:

Benedict may be right that the Catholic Church has a world-historic chance to transform Europe and bring about change. But the church's own strictures could work against that. The paradox may be that for all his stylistic softening as pope, Joseph Ratzinger's own labors through the decades, applying his life experience with such rigor to protecting and preserving the church, are precisely what prevent Europeans from reconnecting with their roots. "Think of the silencing of theologian in recent decades," said Father Reese, the former editor of the Jesuit journal America. "The suppression of discussion and debate. How certain issues become litmus tests for orthodoxy and loyalty. All of these make it very difficult to do the very thing Benedict wants...."

Easter At The White House

On Friday, President George W. Bush issued his 2007 Easter Message (full text). It says in part: " In this season of renewal, we can rejoice in Christ's rising, draw strength and inspiration from His example, and remember that in the end, even death itself will be defeated. This Easter we pray for all our men and women in uniform and for the military families whose loved ones are deployed on important missions in distant lands. We remember especially those who have given their lives in freedom's cause. On this powerful day, let us join together and give thanks to the Almighty for the glory of His grace."

The White House Visitor Center features the traditional State Easter Egg Display of eggs decorated by artists from each state and the District of Columbia.

On Monday, the White House will host the annual White House Easter Egg Roll. The event has become increasingly politicized in recent years. CNS News reports that this year again the Family Pride Coalition is organizing lesbian, gay, bisexual, and transgendered parents and their families from all over the country to line up for tickets to the event. Anti-war groups plan to use this year's event to demonstrate against the war in Iraq. While the Easter Egg hunt is taking place on the South Lawn of the White House, the Vineeta Foundation and other groups will be sponsoring "the inaugural annual (Not So) White House Cluster Bomb Hunt" across from the White House at Lafayette Square.

Easter Service At Daley Plaza Raises Church-State Issue

At city-owned Daley Plaza in Chicago, a 19-foot cross was put up on Good Friday, and it will remain for a sunrise Easter Sunday religious service. WBBM780 reports that permitting the Sunday service on public property has raised some church-state objections. However, one of the planners of the sunrise service, attorney Thomas Brejcha, says that the Plaza is a public forum, and people should be able to use it to express religious ideas as well as political ones.

Scholars Analyze Defenders of Sectarian Government Invocations

Today's Winston-Salem Journal carries an interesting article analyzing the highly emotional debate in Forsyth County, North Carolina, over the sectarian invocations that have traditionally been offered at county commission meetings. Last month, the county commissioners were sued to end the practice. Bill Leonard, the dean of the Divinity School at Wake Forest University, said that attacks on sectarian prayers are attacks on the prestige and majority status of Protestants. Duke Divinity School professor Curtis Freeman agrees, saying "It's all about maintaining cultural control."

Article Profiles Alliance Defense Fund

Earlier this week, the Washington Spectator ran a long article on the activities of the Alliance Defense Fund, titled: Army of God-- The Legal Muscle Leading the Fight to End the Separation of Church and State. Here is an excerpt:

Through its National Litigation Academy, ADF has trained more than 900 lawyers, who commit themselves to performing 450 hours of pro bono legal work "on behalf of the body of Christ." It doles out millions of dollars a year to other Christian Right organizations—many of which are already well endowed—to cover attorneys' fees and costs.

Its three principal goals are protecting the "sanctity of human life" ...; promoting the "traditional family" ...; and ensuring the "religious freedom" of Christians.... Using the propaganda machinery of conservative media outlets and churches, ADF has created a zeitgeist of Christian victimhood....

(See prior related posting.)

Two Break-Away Church Cases Make News

The Grand Rapids Press reports that a state circuit court ruled on Friday it lacked jurisdiction to decide the disputed ownership of the historic Lamont, Michigan building housing the Lamont Christian Reformed Church. Instead, the issue must be decided by the congregation's parent body. In 2005, a majority of the church members broke away after their pastor-- convicted of drunk driving and obscene and disorderly conduct-- was deposed by the parent Christian Reformed Church. Those members sued claiming a right to the church building. However they failed to follow the parent church's guidelines for disaffiliation. The court held that the Christian Reformed Church has a hierarchical form of government. Property disputes "must be resolved through the denomination through its deliberative and adjudicative bodies." [Thanks to Brian D. Wassom for the lead.]
UPDATE: Here i s the full opinion in Lamont Community Church v. Lamont Christian Reformed Church, (MI Cir. Ct., April 4, 2007). [Again thanks to Brian Wassom.]

Meanwhile, yesterday's Rocky Mountain News reported that Colorado's largest Episcopal parish-- Grace Church and St. Stephen's in Colorado Springs-- has filed suit in state court asking a judge to declare that Colorado's Episcopal Diocese does not own the assets of the parish. Last month the parish-- upset over liberal rulings of the Episcopal church nationally-- voted to join the Convocation of Anglicans in North America, a missionary diocese affiliated with the Church of Nigeria. The Colorado Diocese than began to inform banks holding accounts of the parish that the break away members of the parish did not own the church's assets. Instead, it claimed, the bank accounts belong to members who remain loyal to the Episcopal Church USA and the Colorado Diocese.

Christian Terrorism Simulation In New Jersey School Outrages ACLJ

NewsMax yesterday reported that the American Center for Law & Justice has complained to New Jersey's Burlington Township High School about a simulated terror attack used to train students to respond to a real emergency. In the simulation, two armed policemen pretending to be members of a right wing fundamentalist Christian group forced their way into the school and pretended to shoot students in the hallways. Then they took 10 students hostage and locked themselves in the school’s media center. Supposedly the intruders were angry because the daughter of one of them had been expelled for praying before class.

ACLJ's letter to school officials argues that the simulation, and particularly the publicity about it, violated the Establishment Clause by targeting and publicly demeaning the Christian religion. The letter demanded a public apology. ACLJ said that no other group in America would tolerate that kind of hostility.

Florida Condo Will Permit Mezuzahs

Under pressure from the Florida Attorney General's office, a Fort Lauderdale condominium board has agreed that residents will be allowed to attach mezuzahs to the outside doorposts of their apartments. However residents will be required to ask for approval from the condominium board before putting up a mezuzah. Today's South Florida Sun-Sentinel reports on the developments. (See prior posting.)