Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, October 18, 2009
9th Circuit: Names of Referendum Petition Signers Can Be Released
Canadian Court Decides Dispute Between Church Factions Over Control of Funds
Recent Prisoner Free Exercise Cases
In Albrecht v. Williams, 2009 U.S. Dist. LEXIS 95070 (D NJ, Oct. 13, 2009), a New Jersey federal magistrate judge found that there were factual disputes that precluded summaryjudgement for either side ina suit by a Catholic prisoner who complained that he was disciplined for refusing to work at his prison job on Sundays, while accommodations were made for Jews, Muslims and Seventh Day Adventists to avoid work on their Sabbaths.
In Henderson v. Hubbard, 2009 U.S. Dist. LEXIS 95652 (ED CA, Sept. 25, 2009), a California federal district court refused to issue a preliminary injunction granting a Muslim prisoner conjugal visits. Plaintiff claimed that his religious faith mandates sexual intercourse with his spouse.
In Nixon v. Brown, 2009 U.S. Dist. LEXIS 95610 (SD FL, Oct. 14, 2009), a Florida federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 95615, Sept. 18, 2009) finding that a former prisoner sufficiently stated a claim that he was prevented from worshiping and that his Kufi cap was confiscated. However his claim for declaratory and injunctive relief is now moot and he is not entitled to recover damages for emothonal injury unaccompanied by physical injury.
In State of Vermont v. Hall, (VT Sup. Ct., Oct. 8, 2009), the Vermont Supreme Court held that an inmate's free exercise rights are not violated by requiring him to submit a DNA sample.
Saturday, October 17, 2009
Tax Liens Complicate Efforts To Reform FLDS UEP Trust
UPDATE: Sunday's Dallas Morning News has a long article that more broadly reviews the unexpected problems being faced being faced by the state of Utah in its attempts to reform the UEP Trust.
Canadian Court Hands Down Decision In Botched Ritual Circumcision Case
The exact nature of the accused's religious beliefs is not clear. He is not Jewish, but follows both the Old and New Testaments of the Bible. He believed that it was necessary to circumcise his son before Passover. Counsel argued that defendant was entitled to relief in the nature of a constitutional exemption under s. 24(1) of the Charter of Rights and Freedoms. Wednesday's Vancouver Sun reports on the decision.
British National Party Agrees To Eliminate Racial Membership Limits
Plaintiff Who Challenged Teacher's Remarks Now Speaks At Republican Fund Raisers
Friday, October 16, 2009
Group Challenges Constitutionality of IRS Parsonage Allowance Provisions
Section 107 exempts from income the rental value of a parsonage, or the amount of a parsonage allowance, furnished to a "minister of the gospel." Section 265(a)(6) allows a minister of the gospel to claim deductions interest and property taxes, even though the money used to pay such amounts was received from a church in the form of a tax-exempt §107 allowance. The concern is not a literal interpretation of "minister of the gospel"-- courts have not limited application of these IRS regulations to Christian denominations. (Background). Instead the objection is to the requirement that to be deductible, the parsonage allowance must be received as compensation for service performed in the exercise of a religious ministry. This requires an examination of whether the clergy person is performing religious worship or conducting the activities of a religious organization.
The lawsuit also challenges Sections 17131.6 and 17280(d)(2) of the California Revenue and Taxation Code which track the federal provisions being challenged. ABC News 10 reported on the lawsuit.
Colbert's Satirical Review of Arguments In Sunrise Rock Cross Case
The Colbert Report | Mon - Thurs 11:30pm / 10:30c | |||
The Word - Symbol-Minded | ||||
http://www.colbertnation.com/ | ||||
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President Attends White House Diwali Celebration
Supreme Court Hears Arguments On Attorneys' Fees In Civil Rights Cases
USCIRF Urges Secretary of State To Press Iran On Religious Freedom
NY City Council Candidate Is a Neopagan Priest
Christian Sports Camp Group Sues School That Excluded Its Flyers
Thursday, October 15, 2009
Ute Tribal Court Rejects Religious Challenge To Fish Hatchery
Virginia Supreme Court Will Review Episcopal Church Case
Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case
One Faith-Based Task Force Urges Involvement In Israeli-Palestinian Issues
Meanwhile, the task force on reform of the faith-based office proposed three recommendations for strengthening church-state separation: (1) Strengthen prohibitions against proselytizing program beneficiaries; (2) Post a list of grant recipients online; and (3) Strengthen language in the Executive Order creating the Office to emphasize that following constitutional principles is as important as distributing funds efficiently.
2nd Circuit: Ministerial Exception, Not RFRA, Bars Pastor's ADEA Suit
South African Court Rules Forced Circumcision of Teenager Is Unconstitutional
Russia's Justice Ministry Proposes Controversial Religion Law Amendments
Wednesday, October 14, 2009
Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections
Court Says Church Could Be Liable For Harassment of Summer Camp Employees
British Tribunal Reverses Exclusion of Dutch Politician Geert Wilders
Brooklyn's Ultra-Orthodox Jews More Willing To Use Civil Authorities In Abuse Cases
UPDATE: According to Wednesday' Forward, despite these developments several national rabbinic leaders urge that Orthodox rabbinic courts continue to screen allegations of sexual abuse to decide whether they should be forwarded to civil law enforcement authorities.
Florida Judge Will Order Teenage Convert Back To Ohio's Jurisdiction
Florida Circuit Court Judge Daniel Dawson says he will not order the girl returned until her family submits paper work clarifying her immigration status which so far have not been forthcoming despite several court orders seeking them. He also wants assurances that Rifqa will be able to continue studying in a Florida online school. Several people in an Ohio courtroom participated by phone in yesterday's hearing in Florida, including lawyers for Rifqa's parents, her Ohio lawyer, an Ohio prosecutor and a judge. Rifqa spent much of the hearing thumbing through a Bible.
California Governor Vetoes Bill Mandating Police Educational Material On Kirpans
Tuesday, October 13, 2009
Postal Service's 2009 Holiday Stamps Are Being Issued
Also at the New York ASDA show last week, the Postal Service issued a new Hanukkah stamp featuring a Menorah with nine lit candles and a new brightly colored Kwanzaa stamp. A second Christmas stamp featuring an angel playing a lute was originally also going to be issued this year, but was dropped because of the Postal Service's budget problems. (Stamp News 3/19/2009.)
Senate Majority Leader Criticizes Mormon Church's Support For Proposition 8
Recent Prisoner Free Exercise Cases
In Lewers v. Pinellas County Jail, 2009 U.S. Dist. LEXIS 92702 (MD FL, Sept. 18, 2009), a Florida federal district court held that a Jewish inmate may proceed with his claim that he was denied a kosher diet. However it rejected his claim that he is entitled to be furnished free of charge with Jewish reading materials, a Torah and a Talmud. The court held that plaintiff failed to adequately allege an equal protection claim, but gave him leave to file an amended petition to cure pleading deficiencies as to his free exercise claims.
In Holley v. Johnson, 2009 U.S. Dist. LEXIS 94126 (WD VA, Oct. 1, 2009), a Virginia federal district court held that plaintiff had adequately alleged violations of his rights under RLUIPA and the First Amendment stemming from confiscation of religious materials and denial of the Common Fare Diet. Plaintiff claimed that the only reason for these actions was that prison authorities do not consider Nations of Gods and Earths to be a religion. The court held that an inmate's sincere, but personal, religious beliefs are entitled to consideration regardless of whether they are shared by all of the members of a religious sect.
Conservative Christian Groups Oppose Current Heath Care Reform Proposals
We oppose funding for abortion. Abortion is not healthcare. We support the sanctity of human life from conception to natural death.... We support conscience laws protecting hospitals and healthcare providers from coerced participation in abortion. We oppose government policies pressuring people to forgo or limit treatment because of age or illness..... Every proposed bill funds abortion, including the so-called Baucus bill from the Senate Finance Committee. This is unacceptable. We will not support any bill that funds abortion.
... We support legal reform to stop frivolous lawsuits ...[,] portability, allowing people to take their healthcare with them so it is not tied to employment...[,] options to purchase health insurance across state lines.... We support competition; coverage of pre-existing conditions; wellness care and prevention incentives; tax relief that provides a dollar-for-dollar deduction for every dollar spent on premiums or other medical or prescription costs; and a dollar-for-dollar tax deduction with no limit from gross income for every dollar contributed to nonprofit organizations providing healthcare for free or at reduced cost to the needy..... We oppose a single-payer, government-run insurance program or the so-called public option.
Monday, October 12, 2009
Christian Scientists Want Coverage Under Health Care Reform Bill
Two Pentecostal Churches In Britain Cited For Loud Music
Recent Articles of Interest
- Prakash Shah, Coping with Super-Diversity in Law: Thoughts on the British Scene, (Religion and Law in Multicultural Societies, Rubya Mehdi et. al., eds., pp. 63-81, DJØF Publishing, 2008.)
- Scott C. Idleman, A Legal Perspective on Conflicts Involving Religious Communities, (Marquette Law School Legal Studies Paper No. 09-35, July 2009).
- Zvi H. Triger, The Gendered Racial Formation: Foreign Men, "Our" Women, and the Law, (Women's Rights Law Reporter, Vol. 30, No. 3/4, 2009).
- Justin G. Holbrook, Legal Hybridity in the Philippines: Lessons in Legal Pluralism from Mindanao and the Sulu Archipelago, (October 9, 2009).
From SmartCILP:
- Jonathan Cohen, Kosher Slaughter, State Regulation of Religious Organizations, and the European Court of Human Rights, 4 Intercultural Human Rights Law Review 355-386 (2009).
- Matthew Steilen, Parental Rights and the State Regulation of Religious Schools, 2009 BYU Education & Law Journal 269-339.
Restoring Historical Cross Explored By California City
Egyptian Islamists Sue Top Cleric Over His Ban on Niqab At Al-Ahzar
Vermont Supreme Court Remands Clergy Sex Abuse Case For New Trial, Ruling For Plaintiff
Defendant does not argue that the common law of negligence is something other than a neutral law of general applicability or that it is directed specifically towards a religious belief or practice of defendant. Nor has defendant identified a specific doctrine or practice that will be burdened if plaintiff’s suit goes forward. We do not believe defendant’s generalized assertion that requiring it to hire and supervise priests in a non-negligent manner would constitute undue interference in church governance.Rejecting defendant's religious autonomy claim, the court said that "the claim was not brought under church law, nor did it seek to enforce the duties of defendant according to religious beliefs." The court also held that summary judgment should not be granted to defendant on statute of limitations grounds.
Finally the court held that the trial court should have excused for cause a juror who was a member of the defendant Diocese. The Court rejected the argument that permitting this challenge for cause would amount to religious discrimination. This finding led the Court to vacate the judgment and remand the case for a new trial.
Yesterday's Bennington (VT) Banner reported on this decision, as well as on another unrelated case in which a trial court jury in Chittenden, Vermont on Friday handed down a $2.2 million verdict in a suit against the same Catholic Diocese in a different clergy child molestation case.
Sunday, October 11, 2009
State Court Decision In Synagogue Dispute Leads To Self-Help
Not deterred, members of BYOF tapped electricity from a neighboring property and ran a hose with water from there to their synagogue. Then, according to the paper's account, along came "Joseph Waldman, a onetime dissident firebrand ... who prays three times a day at the dissident synagogue." He commandeered a truck carrying portable toilets and, with fellow congregants, took the toilets onto BYOF grounds. According to the paper: "Equipped with improvised utilities, dissidents continued using the synagogue during Sukkot last week, but their Planning Board application still looms, and more legal fighting is certain."
UPDATE: BYOF has been held in contempt by a state trial court judge for continuing to use the premises without submitting a site plan for review. The court ordered the synagogue closed within 5 days. (Times Herald-Record, 12/3/2009).
Federal Jury Rejects Religious Discrimination Claim By Indiana City Employee
Appellate Court Reinstates Pakistani Muslim's Employment Discrimination Claims
Presidential Statement, Official Delegation Hail Canonization of Fr. Damien
Ohio Judge Again Enjoined From Displaying Poster Featuring 10 Commandments
UPDATE: The Oct. 13 Mansfield News Journal reports that Judge DeWeese has complied with the federal court order by placing a dark blue drape over his display and posting on the drape a statement objecting to censorship which he says was imposed because "the ACLU was offended" by reading his essay.
Friday, October 09, 2009
San Francisco Catholic Archdiocese Battles City Over Transfer Tax Liability
NY Appellate Court Refuses To Adjudicate Validity of Hindu Marriage Rites
City Will Post "In God We Trust"
Illinois Cancels Controversial Grant To Historic Church For Rebuilding
New Hampshire Noise Law Challenged By Two Evangelists
NY Finds That Restaurant Discriminated Against Falun Gong Patrons
Catholic Archbishop Speaks Out On Government's Relationship With Catholics
Caesar wears a different suit. He has great media handlers. He bullies religion while he claims to respect it. He talks piously about the law and equality and tolerance and fairness. But he still confuses himself with God –and he still violates the rights of Catholic believers and institutions by intruding himself where he has no right to be....Earlier this week, Chaput published an article in the Italian newspaper Il Foglio criticizing Notre Dame University's award of an honorary degree to President Obama last Spring.
It's one of the great ironies of the moment that tiny Belmont Abbey would have the courage to challenge Caesar over its right to be faithfully Catholic in its policies, while so many other American Catholics seem eager to give Caesar honors.
Hate Crimes Bill Included In Defense Authorization Conference Report Passed By House
According to a release from the Senate Armed Services Committee, the hate crime provisions will (1) prohibit hate crimes based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person; (2) provide support for the criminal investigation and prosecution of hate crimes by State, local, and tribal law enforcement officials; and (3) prohibit attacks on United States service members based on their military service.
Yesterday's Los Angeles Times reports that 131 of the 146 "No" votes were from Republicans who object to the hate crimes legislation, despite language designed to protect religious speech and association. Conservative Christians have argued that the bill could be used to prosecute pastors for anti-gay sermons that are later connected to violence against gays. Here are the provisions in the Conference Report intended to deal with this issue (at pp. 1366-69):
SEC. 4710. RULE OF CONSTRUCTION.ADL issued a press release welcoming the House action and said the next step is training for law enforcement personnel and prosecutors about the new law. The Family Research Council issued a statement criticizing the legislation, calling it a "thought-crimes bill" and charging that it gives special rights based solely on sexual behavior.
For purposes of construing this division and the amendments made by this division the following shall apply:
(1) IN GENERAL.—Nothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence.
(2) VIOLENT ACTS.—This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of a victim.
(3) CONSTRUCTION AND APPLICATION.—Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest, if such exercise of religion, speech, expression, or association was not intended to—
(A) plan or prepare for an act of physical violence; or
(B) incite an imminent act of physical violence against another.
(4) FREE EXPRESSION.—Nothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.
(5) FIRST AMENDMENT.—Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.
(6) CONSTITUTIONAL PROTECTIONS.—Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.
SEC. 4711. GUIDELINES FOR HATE-CRIMES OFFENSES.
Section 249(a) of title 18, United States Code, as added by section 4707 of this Act, is amended by adding at the end the following:
"(4) GUIDELINES.—All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person."
Human Rights Lawyer In Egypt Sues To Stop "Hesba" Proponent
Thursday, October 08, 2009
Recent Prisoner Free Exercise Cases
In Brown v. Lindsay, 2009 U.S. Dist. LEXIS 91126 (MD PA, Oct. 1, 2009), a Pennsylvania federal district court dismissed a challenge by a Muslim inmate to the temporary removal from the sheves of the prison chapel's library for security reasons of certain books. Plaintiff had since been transferred to a different facility and the Bureau of Prisons has rejected the Standardized Chapel Library Project policy responsible for the removal of the books. (See prior related posting.)
In Hamilton v. Smith, 2009 U.S. Dist. LEXIS 91039 (ND NY, Sept. 30, 2009), a New York federal district court rejected an inmate's complaint that his free exercise rights and his rights under RLUIPA were violated when the prison refused to provide him meals that met both his religious tenets and his medical needs for a low-sodium, low-cholesterol diet. The magistrate's recommendation is at 2009 U.S. Dist. LEXIS 91032 (Jan. 13, 2009).
In Fetzer v. McDonough, 2009 U.S. Dist. LEXIS 91063 (ND FL, Sept. 29, 2009), a Florida federal district court accepted a magistrate's recommendations (2009 U.S. Dist. LEXIS 91074 (June 26, 2009)) and rejected an inmate's free exercise, equal protection and due process challenges to the Florida Department of Corrections discontinuance of its Jewish Dietary Accommodation Program.
In Bey v. Caruso, 2009 U.S. Dist. LEXIS 90314 (ED MI, Sept. 30, 2009), a Michigan federal district court rejected a magistrate's evidentiary ruling (2009 U.S. Dist. LEXIS 90323 (Feb. 27, 2009)) and held that material questions of fact remained for trial in a suit by an inmate, a member of the Moorish Science Temple of America, who wanted prison officials to use his religious name in prison documents.
In Smith v. Stoley, 2009 U.S. Dist. LEXIS 91142 (WD MI, Sept. 30, 2009), a Michigan federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 91456 (July 21, 2009)) and dismissed claims by a Wiccan prisoner who wanted to possess a number of items for religious rituals, such as a knife, a crystal ball, candles, incense and a senser, and wanted to cover his cell window in order to perform certain Wiccan rituals naked.
In Crump v. McBurney, 2009 U.S. Dist. LEXIS 90693 (WD MI, Sept. 30, 2009) a Michigan federal district court adopted the recommendations of a magistrate judge (2009 U.S. Dist. LEXIS 91403 (June 11, 2009)) and rejected a RLUIPA claim by a prisoner who was wrongly removed from the prison's kosher food program for 39 days. Under prison rules, inmates could be suspended from the program if they purchased non-kosher food from the prison commissary. A guard had claimed that cough drops ordered by the inmate violated this restriction, but was later overruled when the warden ruled that these were personal care items, not food.
Philadelphia Couple Charged In Faith Healing Death of 2-Year Old Son
Wisconsin Parents Sentenced In Daughter's Faith-Healing Death
Court Says Diocesan Assets Belong To ECUSA Loyalists
Court Rejects RLUIPA and Other Challenges To Refusal To Rezone
Court Rejects Free Exercise Challenge To Financial Aid Form
Wednesday, October 07, 2009
Supreme Court Hears Arguments In War Memorial Cross Case [Revised]
Court Rejects Murder Appeal Challenging Prosecutor's Wearing Of Cross
New 10 Commandments Case In Ohio Village
Wisconsin Court Refuses To Expand Tax Exemption of Parsonages
Senate Confirms Thomas Perez As Assistant AG For Civil Rights
Arizona Hotel Sued For Religious Discrimination In Employment
Tuesday, October 06, 2009
Supreme Court Denies Review In Several Religion-Related Cases
Choose Life Illinois, Inc. v. White (Docket No. 08-1283). In the case, the U.S. 7th Circuit Court of Appeals upheld the refusal of the Illinois Secretary of State to issue a special "Choose Life" license plate after proponents obtained the requisite number of signatures requesting it. (See prior posting.)
Frazier v. Smith, (Docket No. 08-1351). In the case, the 11th Circuit upheld the constitutionality of a Florida statute requiring schools to excuse a student from reciting the Pledge of Allegiance only upon written request of the student's parent, regardless of the student's desires. (See prior posting.)
Rector of St. James Parish v. Episcopal Diocese of Los Angeles (Docket No. 08-1579). In the case, the California Supreme Court held that building and property of the St. James Parish in Newport Beach belongs to the Episcopal Church, not the parish, once the parish broke away and affiliated with the more conservative Anglican Church of Uganda. (See prior posting.)
Arkansas Annual Conference of the African Methodist Episcopal Church, Inc., v. New Direction Praise and Worship Center, Inc. (Docket No. 08-1352). The Arkansas Supreme Court's January 2009 opinion in the case applied neutral principles of law to find that church property belonged to a break-away congregation.
O'Bryan v. Holy See (Docket No. 08-1384). The 6th Circuit decision below dealt with when the Foreign Sovereign Immunities Act allowed civil suits against the Vatican in U.S. courts. (See prior posting.)
Sklar v. Commissioner of Internal Revenue (08-9180). In the case, U.S. 9th rejected a claim by parents that they should be able to deduct for income tax purposes a portion of the tuition and fees paid to their children's Orthodox Jewish day schools. (See prior posting.)
Katz v. Mabus (Docket No. 08-1434). The 3rd Circuit's opinion below rejected religious discrimination claims by plaintiff, a civilian employee, against the U.S. Navy.
St. John's United Church of Christ v. FAA (Docket No. 08-1447). In the opinion below, the D.C Circuit denied standing to various religious communities to bring a RFRA challenge to the relocation of a cemetery that was necessary to complete expansion of Chicago's O'Hare airport.
Also, in Roman Catholic Diocesan Corp. v. New York Times (Docket No. 09-246), the full court denied a stay of an order issued in May by the Connecticut Supreme Court requiring release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.)
[Thanks to SCOTUS Blog and Josh Gerstein at Politico for some of the leads.]
TSA Says Sukkot Items OK On Planes
Observant Jewish travelers may carry four plants – a palm branch, myrtle twigs, willow twigs, and a citron – in airports and through security checkpoints. These plants are religious articles and may be carried either separately or as a bundle. Jewish travelers may be observed in prayer, shaking the bundle of plants in six directions. The workforce should note that TSA’s screening procedures do not prohibit the carrying of such agricultural items through the airport or security checkpoints, or on airplanes.
Top Egyptian Cleric Will Ban Niqab At al-Azhar
Tennessee ACLU Issues New Guide On Religion In Schools
Saudi King Removes Cleric Who Challenged New University's Liberalized Policies
Monday, October 05, 2009
UN Human Rights Council Passes Compromise Resolution On Freedom of Expression
CNS News reports on the varying interpretations of and reactions to the compromise language:Reaffirms ... the right of everyone to hold opinions without interference, as well as the right to freedom of expression, including ... the intrinsically linked rights to freedom of thought, conscience and religion....
Also expresses its concern that incidents of racial and religious intolerance, discrimination and related violence, as well as of negative racial and religious stereotyping continue to rise around the world, and condemns, in this context, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and urges States to take effective measures, consistent with their obligations under international human rights law, to address and combat such incidents
Speaking on behalf of the European Union, French representative Jean-Baptiste Mattei said the language about stereotyping referred to the stereotyping of individuals, not religions, ideologies or abstract values. Human rights laws do not and should not protect belief systems, he said, stressing that the E.U. continued to reject the concept of defamation of religion.Some however had a less sanguine view of the compromise language, such as this article from The Weekly Standard, and this somewhat less strident but still negative reaction from Eugene Volokh.
But Pakistan’s Zamir Akram, speaking for the OIC, used the terms "negative stereotyping" and "defamation of religions" interchangeably, and said the phenomenon affected not only individuals but also religions and belief systems.
Article 19, a free speech organization, called the vote on the resolution a breakthrough, given the tensions that have marked discussions on the issue at the U.N.’s human rights bodies. Executive director Agnes Callamard noted in particular the omission of the term "defamation of religion," although she said "religious stereotyping" was a vague concept that suggested that religions and religious ideas and symbols, rather than religious adherents, may be protected by international human rights law.
The Becket Fund for Religious Liberty, a leading opponent of the religious "defamation" push, said the resolution passed Friday was a step in the right direction but still contained problematic language. "This resolution will be seen as a victory if it is the death knell for the concept of 'defamation of religions,'" said advocacy officer L. Bennett Graham. "But if it continues to provide international cover for overbroad anti-blasphemy laws around the world, it will only exacerbate the problem."