Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, April 24, 2009
Iowa Recorders Are Told They Must Issue Same-Sex Marriage Licenses
Connecticut Law Implements Same-Sex Marriage Ruling With Exemptions For Religious Organziations
[A] religious organization ... or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization ..., shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if the request for [them]... is related to the solemnization of a marriage or celebration of a marriage and such solemnization or celebration is in violation of their religious beliefs and faith....
... The marriage laws of this state shall not ... shall not require a fraternal benefit society ... which is operated, supervised or controlled by ... a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment to the Constitution of the United States and section 3 of article first of the Constitution of the state.
Nothing in this act shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or social services if such religious organization does not receive state or federal funds for that specific program or purpose.
The bill also provides that no member of the clergy shall be required to solemnize any marriage in violation of his or her right to the free exercise of religion and no church shall be required to participate in solemnizing a marriage in violation of its religious beliefs.
Yesterday's edition of The Edge reports on the amendments adopted Wednesday. Yesterday's Hartford Courant, reporting on the bill, points out that the state legislature rejected broader proposals that would have exempted objecting individuals and businesses from having to provide services in connection with same-sex marriages.Tuesday, April 14, 2009
Vermont's Gay Marriage Law Contains Strong Religious Exemptions
Statutory provisions on who may solemnize marriages were amended to include this provision:
[18 VAA Sec. 5144(b): ] This section does not require a member of the clergy ... to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.The provisions of Vermont's Banking and Insurance law relating to Fraternal Benefit Societies was amended to include the following:
[8 VSA Sec. 4501(b):] The civil marriage laws shall not be construed to affect the ability of a society to determine the admission of its members ... or to determine the scope of beneficiaries..., and shall not require a society that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the society’s free exercise of religion, as guaranteed by the First Amendment to the Constitution of United States or by Chapter I, Article 3 of the Constitution of the State of Vermont.Finally, the law amended Vermont's provisions banning discrimination in public accommodations to include the following:
[9 VSA Sec. 4502(l):] Notwithstanding any other provision of law, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods, or privileges is related to the solemnization of a marriage or celebration of a marriage. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this subsection shall not create any civil claim or cause of action.
This subsection shall not be construed to limit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from selectively providing services, accommodations, advantages, facilities, goods, or privileges to some individuals with respect to the solemnization or celebration of a marriage but not to others.
Friday, April 03, 2009
Iowa Supreme Court Invalidates Ban On Same-Sex Marriage
[We] give respect to the views of all Iowans on the issue of same-sex marriage—religious or otherwise—by giving respect to our constitutional principles. These principles require that the state recognize both opposite-sex and same-sex civil marriage. Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views.New York Times reports on the decision. Americans United issued a release praising the decision and saying it "has reaffirmed religious liberty." On the other hand, a release from the Traditional Values Coalition complains about judicial activism and warns of possible losses and mandates that it says could be imposed on religious groups.
A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person’s religious faith does not lose its meaning as a sacrament or other religious institution. The sanctity of all religious marriages celebrated in the future will have the same meaning as those celebrated in the past. The only difference is civil marriage will now take on a new meaning that reflects a more complete understanding of equal protection of the law. This result is what our constitution requires.
Monday, March 23, 2009
Recent Articles and Books of Interest
- Robert Eli Rosen, Samson the Judge: Religion and Violence in Milton's SAMSON AGONISTES, University of Miami Legal Studies Research Paper No. 2009-09, March 6, 2009).
From SmartCILP:
- Celine Abramschmitt, The Same-Sex Marriage Prohibition: Religious Morality, Social Science, and the Establishment Clause, 3 Florida International University Law Review 113-186 (2007).
- Mark W. Cordes, Religion as Speech: The Growing Role of Free Speech Jurisprudence in Protecting Religious Liberty, 38 Southwestern Law Review 235-286 (2008).
- Jay Michaelson, Chaos, Law, and God: The Religious Meanings of Homosexuality, 15 Michigan Journal of Gender & Law 41-119 (2008).
- Yuval Sinai, The Doctrine of Affirmative Defense in Civil Cases--Between Common Law and Jewish Law, 34 North Carolina Journal of International Law & Commercial Regulation 111-178 (2008).
Recent Books:
- Thomas F. Farr, World of Faith and Freedom: Why International Religious Liberty is Vital to American National Security, (Oxford Univ. Press, 2008).
- David Novak, In Defense of Religious Liberty, (ISI Books, 2009).
- Stephen Spector, Evangelicals and Israel: The Story of American Christian Zionism, (Oxford Univ. Press, Nov. 2008).
Monday, March 09, 2009
Connecticut Bill Would Reform Financial Management of Catholic Parishes
UPDATE: The Meriden (CT) Record and The Hour reported Tuesday that the bill has been withdrawn from consideration for this legislative session while constitutional issues surrounding laws currently governing religious groups are reviewed. Tuesday's scheduled hearing on the bill was cancelled.This bill violates the First Amendment of the United States Constitution. It forces a radical reorganization of the legal, financial, and administrative structure of our parishes. This is contrary to the Apostolic nature of the Catholic Church because it disconnects parishes from their Pastors and their Bishop.... This bill, moreover, is a thinly-veiled attempt to silence the Catholic Church on the important issues of the day, such as same-sex marriage.
UPDATE 2: Here is the full text of a letter sent by 12 prominent law professors challenging the constitutionality of the bill before it was withdrawn.
Saturday, March 07, 2009
Connecticut Catholic Conference Wants Protections For Objectors To Same-Sex Marriage
Thursday, February 26, 2009
9th Circuit: Treating Montana Church As Political Committee Violates Speech Rights
the designation of the Church as an "incidental committee" because of its one-time, in-kind "expenditures" of de minimis economic effect violates the Church's First Amendment free speech rights.The court also held that the Commission's interpretation of "in-kind expenditures" is unconstitutionally vague. Judge Noonan concurring argued that the case should have been decided on Free Exercise grounds. (See prior related posting.) Yesterday's Great Falls (MT) Tribune reported on the decision.
Sunday, February 22, 2009
Op-Ed Suggests Compromise On Same-Sex Marriage
Congress would bestow the status of federal civil unions on same-sex marriages and civil unions granted at the state level, thereby conferring upon them most or all of the federal benefits and rights of marriage. But there would be a condition: Washington would recognize only those unions licensed in states with robust religious-conscience exceptions, which provide that religious organizations need not recognize same-sex unions against their will. The federal government would also enact religious-conscience protections of its own. All of these changes would be enacted in the same bill.
Friday, February 20, 2009
West Virginia Proponents of Marriage Amendment Create Controversy
Friday, February 13, 2009
Christian College Student Sues Over Speech Prof's Treatment of His Presentation
The complaint Lopez v. Candaele, (CD CA, filed 2/11/2009) (full text) alleges that Prof. Matteson refused to permit Lopez to complete his speech, called him a "fascist bastard" and, instead of entering a grade on an evaluation sheet, wrote that Lopez should "ask God" for his grade. An appeal to the dean was unavailing. It led to threats of retaliation by Matteson and claims by administrators that Lopez was engaged in hate speech. The lawsuit challenges both the actions taken against Lopez and the College's speech code as violations of the 1st and 14th Amendments. Alliance Defense Fund issued a release yesterday reporting on the case and linking to additional background materials.
Tuesday, January 27, 2009
Proposed Nigerian Law Would Criminalize Clergy Performing Same-Sex Marriages
Friday, January 23, 2009
Planned Defenses In Canadian Polygamy Case Disclosed
Sunday, January 11, 2009
Episcopalian Schism Continues To Generate Litigation
Meanwhile, according to Virtue Online (1/10), in Binghamton, NY a state trial court has ruled that the property of Church of the Good Shepherd belongs to the Episcopal Church, and not to the parish that broke away when the Diocese began to approve same-sex marriage. Yesterday's Modesto (CA) Bee analyzes why schisms in the Presbyterian Church have been less litigious than those among Episcopalians.
Monday, December 29, 2008
Huge Mass In Spain Opposes Government's Social Reforms
Sunday, December 28, 2008
Top 10 Church-State/ Free Exercise Stories of 2008
1. Barack Obama reaches out to faith groups in the campaign and renounces his own pastor's statements.You may find it interesting to compare my picks with those of the Religious Newswriters Association and of Time Magazine.
2. The Mormon Church (Church of Jesus Christ of Latter Day Saints) gains widespread national attention after Mitt Romney seeks Republican nomination and LDS members are active in opposing California's Proposition 8.
3. Christians see increasing clash between religious freedom and push for both same-sex marriage and sexual orientation non-discrimination.
4. Regulations focus on clash between patient rights and conscience rights for pharmacists and health care workers.
5. Texas child protective services agency conducts high profile raid on compound of polygamous FLDS Church and takes children into temporary state custody.
6. IRS rules on church involvement in political campaigns increasingly invoked and challenged.
7. Church-state and free speech challenges to religious-themed license plates reach courts.
8. Turkey's ruling party challenged in Constitutional Court over secularism disputes.
9. 9th Circuit interprets RFRA in Navajo Nation v. U.S. Forest Service.
10. Massive Bernard Madoff fraud decimates numerous Jewish non-profits and philanthropists.
Sunday, December 21, 2008
British Marriage Registrar Loses Discrimination Appeal
BBC News reported on the decision on Friday. The Christian Institute issued a release stating that claimant Lillian Ladele plans to appeal to the Court of Appeal.The claimant’s complaint on this score is not that she was treated differently from others; rather it was that she was not treated differently when she ought to have been.... That is a complaint about a failure to accommodate her difference, rather than a complaint that she is being discriminated against because of that difference....
[P]art of the commitment to the promotion of equal opportunities and fighting discrimination is that employees should not be permitted to refuse to provide services to the community for discriminatory reasons.... [R]equiring the staff to act in a non-discriminatory manner was entirely rationally connected with the legitimate objective....The council were entitled to take the view that they were not willing to connive in that practice by relieving Ms Ladele of these duties, notwithstanding that her refusal was the result of her strong and genuinely held Christian beliefs. The council were entitled to take the view that this would be inconsistent with their strong commitment to the principles of nondiscrimination and would send the wrong message to staff and service users....
The claimant's beliefs were strong and genuine and not all of management treated them with the sensitivity which they might have done. However, we are satisfied that the Tribunal erred in finding that any of the grounds of discrimination was made out.
Thursday, December 18, 2008
Obama's Selection For Inauguration Invocation Creates Controversy
An Obama spokesperson defended the choice of Warren as an attempt to make the inauguration inclusive, even though Obama disagrees with Warren's views on gay rights. The Boston Globe says that "Warren has been a forceful advocate for reordering evangelical priorities.... [H]is public priority has been combating AIDS in Africa, and he has criticized the politicization of evangelical Protestantism." Dan Gilgoff of U.S. News says that this "is an early taste of the Democrats' post-election effort to reach evangelical Americans."
The benediction at the inauguration will be delivered by the 87-years old civil rights leader, Rev. Joseph E. Lowery, co-founder of the Southern Christian Leadership Conference. Yesterday's Atlanta Journal Constitution says that Yale poet Elizabeth Alexander will read a poem before Lowery's closing prayer. The Washington Post yesterday published the full schedule of the inauguration ceremony.
UPDATE: Here is an excerpt from a controversial Beliefnet interview with Pastor Rick Warren on the issue of gay marriage. Many opponents of Warren's participating in the inauguration point to language in this interview as being particularly insulting to gays and lesbians.
UPDATE2: AP reported on Sunday that Pastor Rick Warren defended the invitation extended to him to deliver the invocation at the Inaugural. In a speech to the Muslim Public Affairs Council annual convention in Long Beach (CA), Warren said that he loves people of other religions, of both political parties and he also loves "gays and straights."
Friday, December 12, 2008
Evangelical Lobbyist Resigns After Statement Supporting Gay Civil Unions
A statement issued yesterday by the NAE says: "in a December 2, 2008 broadcast interview on National Public Radio, Richard responded to questions and made statements that did not appropriately represent the values and convictions of NAE and our constituents. Although he has subsequently expressed regret, apologized and affirmed our values there is a loss of trust in his credibility as a spokesperson among leaders and constituents." Cizik was one of the signers of a New York Times ad earlier this month condemning violence against the LDS Church for its support of California's Proposition 8 banning same-sex marriage. (See prior posting.)
Thursday, December 11, 2008
New Jersey Panel Recommends Permitting Same-Sex Marriage
Some witnesses opposed to same-sex marriage testified concerning their understanding of the meaning and authority of Biblical scripture.... While the Commission also heard considerable testimony to the contrary, it is not the role of this Commission to comment on the merits of religious tenets or faiths of any of the witnesses who testified. This Commission recommends that the civil institution of marriage be extended to same-sex couples.The Review Commission's website links to extensive background material, including transcripts of Commission hearings. An AP story discusses the Commission's report.