Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, December 05, 2005
Charges Against Sikh Student For Carrying Kirpan Dropped
Sunday, December 04, 2005
Newly Posted Scholarship of Interest
Richard W. Garnett, Notre Dame Law School, Religion, Division, and the First Amendment , which will appear in an upcoming issue of the Georgetown Law Journal.
Barak Medina, Hebrew University Law Faculty, Does the Establishment of Religion Justify Regulating Religious Activities? - The Israeli Experience .
Senate Votes To Remove Jackson-Vanick Restrictions On Ukraine
Plaintiffs Lose In Two Recent Prisoner Cases
In McClain v. Rogers, (7th Cir., Nov. 30, 2005), a practitioner of Asatru (a religion tied to White supremacist beliefs) sued claiming that prison guards prohibited him from praying alone in the prison yard. He also complained that the chaplain does not allow Asatruars to worship in groups, though members of other religions are may do so. The court held that while there may be an issue of whether the prisoner's praying alone violated the prison rule against "meetings or gatherings" in the prison yard, the issue was not properly raised.
In Smith v. Haley, 2005 U.S. Dist. LEXIS 30454 (MD Ala, Dec. 1, 2005), an Alabama federal district court faced claims brought by a practitioner of Odinism, an ancient pre-Christian faith whose theology is based on historic Icelandic sagas and runic mysticism. By the time the case got to trial, most of his accommodation requests had been met. However, prison officials refused to permit him to use and possess a small quartz crystal, and the prisoner sued, among other things, for damages because this denied him his right to freely practice his religion. The court held, however, that even if the refusal to allow the prisoner to possess a crystal violated his right under RLUIPA, the defendants were entitled to qualified immunity because Smith's right to possess a crystal as part of his practice of Odinism was not clearly established by any law at the time of the actions in question.
Saturday, December 03, 2005
NJ Chabad Can Display Menorah In Park; Other Rabbis Disagree
IRS Complaint Lodged Against Dobson's Focus On The Family
Californa Doctors Can Raise Free Exercise Defense
Churches Threatened By Proposed Indonesian Regulation
Friday, December 02, 2005
AF Academy Evangelism Is Becoming Campaign Issue
Univ. of Kansas Cancels Anti-Creationism Course As NY Museum Discusses Topic
UPDATE: The National Review carries more of Prof. Mirecki's controversial comments. [Thanks to Rick Duncan via Religionlaw listserv.]
Meanwhile, yesterday at at the American Museum of Natural History in New York, a panel of academics discussed evolution vs. intelligent design in connection with the museum's display on Darwin. Reuters today summarizes the panel's remarks.
Highway Patrol Memorials Challenged
Today's Salt Lake Tribune reports on a lawsuit filed in a Utah federal district court yesterday challenging 14 steel crosses placed along Utah roadways to memorialize state Highway Patrol troopers who died nearby in the line of duty. 9 of the 14 crosses are on public land. The suit brought by the American Atheists (AA) seeks to remove the crosses, or at least to remove the Highway Patrol's logo from them. The state director of AA, Michael Rivers, said, "The presence of the UHP logo on a poignant religious symbol is an unconstitutional violation of the United States Constitution. It is government endorsement of religion." But the Utah Highway Patrol Association counters that crosses are used as an international sign of memorial.
Reactions To Indiana Legislative Prayer Ruling
University of Wisconsin Sued Over Restrictions On Dorm RAs
Punishment Increased In North Carolina For Church Break-Ins
Civil Rights Commission Holds Hearings On Campus Anti-Semitism
Thursday, December 01, 2005
Christian Legislative Prayer Enjoined In Indiana; Urged In Colorado City
Meanwhile, in Boulder, Colorado, the Daily Camera yesterday reported that the mayor pro-tem, Randy Ahrens, has suggested that City Council meetings be opened with a prayer to set a positive tone after a contentious campaign season. Two pastors offered prayers at the start of the first meeting of the newly-elected Council on Nov. 15. However, their remarks provoked controversy because both preachers represented Christian churches and invoked the name of Jesus Christ in the prayers. Members of Council seem about evenly split on the proposal.the evidence shows that the official prayers offered to open sessions of the Indiana House of Representatives repeatedly and consistently advance the beliefs that define the Christian religion: the resurrection and divinity of Jesus of Nazareth. The Establishment Clause “means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions).... The sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983). Plaintiffs have standing as Indiana taxpayers to bring their claims, and they are entitled to declaratory and injunctive relief. This relief will not prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.
BC Tribunal Rules On Refusal To Rent KofC Hall For Lesbian Wedding Reception
UPDATE: The Dec. 1 Edmonton Sun News reported that the plaintiffs plan to appeal the Tribunal's decision to the British Columbia Supreme Court, asking it to require religious institutions to disclose their policies to couples before they sign contracts.
Christian Groups Sue Colleges Over Membership Requirements
Israel High Court Asked To Recognize In-Country Non-Orthodox Conversions
Wednesday, November 30, 2005
Public Prayer Protection Act Introduced Into Congress
The bill is similar to another pending piece of federal legislation, the Constitution Restoration Act (HR 1070 and S 520) . Today World Net Daily reports that earlier this month, during a special session of the Louisiana Legislature called to deal with Hurricane Katrina, Louisiana lawmakers passed a Resolution urging Congress to adopt the Constitution Restoration Act.