Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, October 28, 2009
11th Circuit: Challenge By Christian Group to University of Florida Rules Is Moot
After oral arguments in the 11th Circuit, the University announced that it had changed its policy on recognition of student groups. It now allows religious organizations-- such as BYX-- to limit membership or leadership positions to students who share the religious beliefs of the organization. Over the objections of BYX, the court concluded that no live controversy remained. The Gainesville (FL) Sun reports on the decision.
Court Says New Hampshire Town's Zoning Refusal Violates RLUIPA
Tuesday, October 27, 2009
French Court Convicts Scientology and Its French Leaders of Fraud
US Enjoined Temporarily From Moving On Terrorist Designation for Muslim Charity
Both Sides Appeal Suit Against History Teacher For Anti-Religious Remarks
First Nativity Scene Lawsuit of the 2009 Season Is Filed
A press release from the Thomas More Law Center, announcing the filing of the lawsuit, quotes the Center's president, Richard Thompson, who said:
Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase 'separation of church and state,' — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday.... However, the grand purpose of our Founding Fathers and the First Amendment was to protect religion, not eliminate it.... [S]ystematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution.
Malta Court Interprets Ban On Vilifying Catholic Church
The mere fact of dressing up as nun, even if for carnival, but without wearing any religious symbol, cannot reasonably be considered as amounting to public vilification of the Roman Catholic Religion, or of those belonging to such religion, or of its ministers, or of anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship. However, if the wearing of such a habit were accompanied with such circumstances of fact, words or gestures which objectively amount to vilification, then there would be an offence in terms of article 163.Here is the full text of the decision in Maltese.
High School Football Fans Fill Stands With Biblical Verses
State Department Releases 2009 Report On International Religious Freedom
The President has emphasized that faith should bring us together, and this year's report has a special focus on efforts to promote interfaith dialogue and tolerance..... I obviously believe that our country has been strengthened by its long tradition of religious pluralism. From the largest denominations to the very smallest congregations, American religious bodies and faith-based organizations have helped to create a more just and compassionate society. Now, some claim that the best way to protect the freedom of religion is to implement so-called anti-defamation policies that would restrict freedom of expression and the freedom of religion. I strongly disagree. The United States will always seek to counter negative stereotypes of individuals based on their religion and will stand against discrimination and persecution.....After Secretary Clinton's remarks, Assistant Secretary of State Michael S. Posner answered extensive questions from the press (full text of press conference). Posner clarified that information in the report being released would be used over the next few months to make judgments on which countries should remain on, be taken off or be added to the list of "countries of particular concern"(CPC) -- those with particularly problematic religious freedom records. This report did not make those designations.
Based on our own experience, we are convinced that the best antidote to intolerance is not the defamation of religion’s approach of banning and punishing offensive speech, but rather, a combination of robust legal protections against discrimination and hate crimes, proactive government outreach to minority religious groups, and the vigorous defense of both freedom of religion and expression.
The U.S. Helsinki Commission issued a release praising the State Department's report. The U.S. Commission on International Religious Freedom was more critical, issuing a statement urging the Obama administration to take stronger steps than it has so far. USCIRF Chairman Leonard Leo said: "Both Democratic and Republican administrations have underutilized the 'country of particular concern' designation." He emphasized differences between USCIRF and the State Department, and called for stronger action than in the past against Saudi Arabia, Pakistan and Vietnam.
The Washington-based Institute for Religion & Public Policy issued a release that applauded Secretary Clinton's statements but strongly criticized the Obama Administration for not yet appointing an Ambassador at Large for International Religious Freedom. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]
Monday, October 26, 2009
Furor In Britain Following BBC Appearance of BNP Party Leader
Demonstrations In Kabul In Reaction To Rumor Over Desecration of Quran
Recent Prisoner Free Excercise Cases
In Joseph v. Fischer, 2009 U.S. Dist. LEXIS 96952 (SD NY, Oct. 8, 2009), a New York federal dstrict court held that personal involvement of a defendant in the alleged substantial burden of plaintiff's exercise of religion is a prerequisite to stating a claim under RLUIPA, and that an official's denial of a grievance alleging a constitutional deprivation, without more, does not amount to personal involvement. Plaintiff's grievance concerned seizure of his religious material.
In Turner-Bey v. Indiana Department of Corrections, 2009 U.S. Dist. LEXIS 97219 (ND IN, Oct. 10, 2009), an Indiana federal district judge held that a Muslim inmate's free exercise rights were not violated by a single incident of authorities inadvertently including pork ham on the Halal diet trays.
In Menefield v. Cate, 2009 U.S. Dist. LEXIS 96447 (ED CA, Oct. 5, 2009), a California federal district judge issued a preliminary injunction requiring prison authorities to give a Muslim prisoner access to the prison's kosher diet pending the state's decision on implementing a Halal alternative.
Recent Articles and Books Of Interest
- Victor C. Romero, Of Hope and Humility: Christian Realism, Immigration Reform and Executive Leadership, (Penn State Legal Studies Research Paper No. 17-2009, Oct. 23, 2009).
- Ira C. Lupu & Robert W. Tuttle, Same-Sex Family Equality and Religious Freedom, (Northwestern Journal of Law and Social Policy, Forthcoming).
- Eric G. Andersen, Religion and Social Welfare in the United States: The Case of Charitable Choice, (The Review of Faith & International Affairs, Vol. 7, No. 3, 2009).
From SmartCILP and elsewhere:
- Barbara Shapiro, Changing Language, Unchanging Standard: From 'Satisfied Conscience' to 'Moral Certainty' and Beyond 'Reasonable Doubt', 17 Cardozo Journal of International & Comparative Law 261-279 (2009).
- Barbara E. Wall, Ethical Considerations for a New Jurisprudence: A Catholic Social Thought Perspective, 11 Barry Law Review 77-93 (2008).
- Samuel W. Calhoun, Getting the Framers Wrong: A Response to Professor Geoffrey Stone, 57 UCLA Law Review Discourse 1 (2009).
- Geoffrey R. Stone, The Perils of Religious Passion: A Response to Professor Samuel Calhoun, 57 UCLA Law Review Discourse 15 (2009).
- Bethany Moreton, To Serve God and Wal-Mart, (Harvard University Press, May 2009).
- Amos Guiora, Freedom from Religion, (Oxford University Press, Oct. 2009).
- Vincent Phillip Muñoz, God and the Founders - Madison, Washington, and Jefferson, (Cambridge University Press, 2009), reviewed by South Bend Tribune.
Court Orders Deacons To Turn Church Control Back To Pastor
High School Teacher Found To Be Prevailing Party For Court Costs Recovery
Sunday, October 25, 2009
Islamic Group Still Pressing For International Ban On Insulting Religions
"new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".A group of NGO's has written to the U.N. committee objecting to these proposals, saying that they threaten freedom of expression and the protection of equality.
U.S. Army For First Time Allows Sikh To Serve While Wearing Turban
Houston Sued Over City Council Prayer Policy
Saturday, October 24, 2009
Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released
Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform
I can't understand for the life of me how the Catholic Church could be against the biggest social justice issue of our time where the very dignity of the human person is being respected by the fact that we're caring and giving health care to the human person – that right now we have 50 million people who are uninsured. You mean to tell me the Catholic Church is going to be denying those people life saving health care? I thought they were pro-life.Now, according to AP, Rhode Island Catholic Bishop Thomas Tobin has responded to Kennedy's statement, saying:
Congressman Kennedy continues to be a disappointment to the Catholic Church and to the citizens of the state of Rhode Island. I believe the Congressman owes us an apology for his irresponsible comments.[Thanks to Scott Mange for the lead.]
Wiccan Sues For Employment Discrimination
Challenge To Illinois Drivers License Rules Survives Motion To Dismiss
Friday, October 23, 2009
First German Bank To Offer Sharia Financial Products Will Open
9th Circuit Hears Oral Arguments In Student Speech Appeal
Iranian Cleric Says Nuclear Weapons Violate Islamic Law
B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law
9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers
Senate Gives Final Approval To Hate Crimes Bill
Thursday, October 22, 2009
9th Circuit Denies En Banc Review Of Arizona Tuition Contribution Tax Credits
The denial of en banc review however produced 40-pages of opinions. Eight judges joined in Judge O'Scannlain's 23-page dissent. He wrote in part:
I dissent not only because Winn cannot be squared with the Supreme Court’s mandate in Zelman, but also because the panel’s holding casts a pall over comparable educational tax credit schemes in states across the nation and could derail legislative efforts in four states within our circuit to create similar programs. In short, the panel’s conclusion invalidates an increasingly popular method for providing school choice, jeopardizing the educational opportunities of hundreds of thousands of children nationwide.....Responding with their own 17-page opinion, the three judges on the original panel (with a fourth indicating agreement) argued that "the program alleged here neither makes scholarships available to parents on a religiously neutral basis nor gives them a true private choice as to where to utilize the scholarships." Giving to taxpayers the choice of allocating their contributions to religious schools was not enough to break the circuit between government and religion. AP reports on the decision. [Thanks to Bob Ritter for the lead.]
I am at a loss to understand how a reasonable observer—one fully informed about all matters related to the program—could conclude that the "government itself" has endorsed religion in this case. Multiple layers of private, individual choice separate the state from any religious entanglement: the "government itself" is at least four times removed from any aid to religious organizations.....
UPDATE: The Institute for Justice Arizona Chapter which supports the tax credits and represents several clients in the case says it will seek Supreme Court review of the 9th Circuit's decision. The Arizona Attorney General's office has not yet decided whether it too will appeal to the Supreme Court. (Arizona Republic, Oct. 22).
Louisiana Catholic Archdiocese Settles 20 Abuse Lawsuits
Hungary's President Wants Religion Questions On 2011 Census
Pennsylvania School Will Temporarily End Enforcement of Speech Code
Under the consent order issued yesterday (which remains in effect until Jan. 15), in exchange for plaintiffs not seeking a preliminary injunction, the school agreed not to enforce certain provisions in its Expression Policy. It will not bar expression on the ground that it "seek[s] to establish the supremacy of a particular religious denomination, sect, or point of view," nor will it enforce the ban against expression that might be "otherwise deemed harmful to impressionable students." The school will also not enforce the portion of its Dress and Grooming Policy that bans "clothing which creates a hostile educational environment or evidences discriminatory bias or animus." An Alliance Defense Fund release reported on the temporary order.
Santeria Priest Who Won Legal Victory Is Profiled
Last night, for the first time in over three years, Merced was to resume his sacrifices of four-legged animals in a ceremony designed to heal the severe back pain, depression and loneliness of a follower. She would be initiated into the priesthood through the sacrifice of animals which, according to Santeria belief, must die so she can live a healthy and spiritual life. Meanwhile the Euless city attorney is exploring whether there are other routes available to end Merced's practices.The litigation had taken its toll on Merced. His testimony and the media attention that followed brought many of SanterÃa's secrets into the open and unnerved those devotees who saw its mystery as part of its theology as well as its enchantment.
He had written letters to the several hundred Santeros he had met over the years, asking each to contribute $100 to his legal defense fund. But many turned him down. Some were fearful that his case would reveal the secrets that gave power and meaning to their religion; others felt his case was his own personal crusade and not a cause for all who practice SanterÃa. "They want to keep on hiding," Merced says, "which I don't understand."
Canadian Court Dismisses Graduate Student's Religious Discrimination Claim
Settlement Reached In Suit Over Grooming Rules For Federal Building Guards
European Court Says Italian Catholic Unversity Infringed Faculty Applicant's Rights
Wednesday, October 21, 2009
Atheist Ads Will Appear In New York Subway Stations
Alito Complains About Questions Over Catholic High Court Majority
Vietnam Recognizes Assemblies of God Church
UPDATE: Christian News Today provides more legal details. The recognition process was delayed until now because Vietnam's Religion Law requires 20 years of stable organization before the process can begin. Now it has received an "operating license" which allows it to carry on religious activities in the country for the next year. During that time it must prepare a doctrinal statement, a constitution and bylaws and a four-year working plan. If these are approved by the government, then the Church can hold an organizing assembly.
Congress Passes Extension of Special Immigrant Nonminister Religious Worker Program
6th Circuit Hears Oral Arguments In Long-Running 10 Commandments Case
Tentative Settlement Reached in "Flying Imams" Case
Tuesday, October 20, 2009
Vatican Invites Conservative Anglicans Into New Affiliation
[T]he Catholic Church is responding to the many requests that have been submitted to the Holy See from groups of Anglican clergy and faithful in different parts of the world who wish to enter into full visible communion.... [T]he Holy Father has introduced a canonical structure that provides for such corporate reunion by establishing Personal Ordinariates, which will allow former Anglicans to enter full communion with the Catholic Church while preserving elements of the distinctive Anglican spiritual and liturgical patrimony. Under the terms of the Apostolic Constitution, pastoral oversight and guidance will be provided for groups of former Anglicans through a Personal Ordinariate, whose Ordinary will usually be appointed from among former Anglican clergy.Bloomberg News characterizes the new initiative as a way "to integrate disaffected Anglicans and enable the faith's married priests to become Roman Catholic clerics." In London, Roman Catholic Archbishop Vincent Nichols of Westminster and Anglican Archbishop Rowan Williams issued a joint statement saying that today's announcement from the Vatican "brings to an end a period of uncertainty for such groups who have nurtured hopes of new ways of embracing unity with the Catholic Church." However, writing in the London Telegraph, Jonathan Wynne-Jones says this about the developments:
Interestingly, the archbishop says that "this new possibility is in no sense at all intended to undermine existing relations between our two communions or to be an act of proselytism or aggressions". He is either putting on a brave face for the sake of Anglican pride, being incredibly naive or had this part dictated to him by somebody in Rome. For there is no way that this won't undermine the archbishop’s position and weaken the Church of England.Meanwhile in the United States, the head of the U.S. Conference of Catholic Bishops quickly issued a statement from Washington saying in part:
Today the United States Conference of Catholic Bishops has received word of the new Provision in the form of an apostolic constitution issued by the Holy See for the reception into full communion with the Catholic Church of groups from the Anglican tradition. The USCCB stands ready to collaborate in the implementation of that Provision in our country.The New York Times reports on today's news conference held in the Vatican by Cardinal William Levada, the prefect for the Congregation for the Doctrine of the Faith:
Asked at the Vatican news conference what would happen if an Anglican congregation led by a woman priest wanted to join the Catholic Church, Cardinal Levada smiled and said, “I would be surprised” if that happened.
Justice Kennedy Reinstates Injunction Against Release of Petition Signers' Names
UPDATE: On Tuesday, the full Supreme Court (Justice Stevens dissenting) confirmed Justice Kennedy's reinstatement of the district court's preliminary injunction, "pending the timely filing and disposition of a petition for a writ of certiorari." (Full text of order.) [Thanks to Eugene Volokh for the lead.]
South Carolina Republican Officials Use Anti-Semitic Stereotypes
There is a saying that the Jews who are wealthy got that way not by watching dollars, but instead by taking care of the pennies and the dollars taking care of themselves. By not using earmarks to fund projects for South Carolina and instead using actual bills, DeMint is watching our nation’s pennies and trying to preserve our country’s wealth and our economy’s viability to give all an opportunity to succeed.JTA reports on the letter, quoting a conservative website in the state (The Palmetto Scoop) that said remarks like these "make many folks fear for the future of the once Grand Ole Party."
UPDATE: AP reported on Tuesday that the two county Republican officials have apologized for their remarks. Ulmer's apology was straight forward; however the apology from Merwin still suggested he did not understand the history of the stereotype he invoked. He said his original statement was was "truly in admiration for a method of bettering one's lot in life" and he meant nothing derogatory.
Opposing Religious Coalitions Active On Maine's Same-Sex Marriage Ballot Issue
Asst. Secretary of State for Democracy, Human Rights and Labor Sworn In
Smithsonian Will Add Evolution Exhibit; Explore Religion and Science
Monday, October 19, 2009
Wilmington Catholic Diocese Files For Chapter 11 Protection
UPDATE: According to Thursday's Wilmington News Journal, attorneys for clergy abuse victims will ask the bankruptcy court to include property of the parishes along with diocesan property as assets in the bankruptcy proceeding. The Diocese is incorporated under Delaware's nonprofit corporation law, while each parish is individually incorporated under either the Delaware or Maryland statue relating to religious societies or religious corporations.
IRS Receives Comments On Proposed Church Audit Rule Change
Recent Articles of Interest
- Roberta Rosenthal Kwall, Book Review: Intellectual Property Law and Jewish Law: A Comparative Perspective on Absolutism, (Yale J. Law & Humanities, Vol. 22, 2010).
- Susan J. Stabile, Vocation, Formation and the Next Generation: The Role of Catholic Law Schools in Light of Catholic Social Thought, (Villanova Journal of Catholic Social Thought, Forthcoming).
- László Blutman, In Search of a Legal Definition of Religion, (Americana, Vol. V, No. 1, Spring 2009).
- Robert F. Blomquist, Beyond Historical Blushing: A Plea for Constitutional Intelligence, (2009 Cardozo L. Rev. de novo 244).
From SmartCILP:
- Brian Bloch, Creating a Faith-Based Conflict Management System, 14 Harvard Negotiation Law Review 249-270 (2009).
- Samantha Crane, Book Review, (Reviewing Carol Gilligan and David A.J. Richards, The Deepening Darkness: Patriarchy, Resistance, & Democracy's Future), 32 Harvard Journal of Law & Gender 505-533 (2009).
- Douglas NeJaime, Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation, 32 Harvard Journal of Law & Gender 303-381 (2009).
- Mark Strasser, When Churches Divide: On Neutrality, Deference, and Unpredictability, 32 Hamline Law Review 427-475 (2009).
British MPs Want Christian References Removed From Constitutions of Territories
we consider it inappropriate that both the preamble and the main text contain specific reference to the Christian religion and "Christian values". This gives the impression, even if it is a misleading one, that Christians will be granted more favourable treatment under the Constitution than people of other faiths or of none. Second, we regret the absence of explicit mention of sexual orientation as a prohibited ground for discrimination in clause 16.In examining the draft of the proposed Constitution from St. Helena, Ascension Island and Tristan da Cunha, the Committee objected to a reference to "Christian and family values" in the Preamble. However in a letter, the Commonwealth Office said that other provisions in the document assure protections against religious discrimination. Meanwhile church leaders in Britain criticized Parliament for its concern with "spurious political correctness."
U.S. Attorney General Speaks On Hate Crimes
Crimes against Muslims and those perceived to be Muslim have escalated dramatically since September 11th. Some hate-mongers seem to have adopted the twisted logic that an attack on innocents can somehow be avenged by another attack on innocents.... I have heard from Muslim Americans who feel uneasy about their relationship with our government, who feel isolated and discriminated against by law enforcement. They report feeling denied the full rights of citizenship and also, just as importantly, the full responsibilities of citizenship.
I realize that we can become emotionally overwhelmed by acts of terror committed in the name of Islam. We can, perhaps, fail to see that virtually all Muslim Americans are, just like us, trying to do what all Americans wish to do - lead fulfilling, honorable lives, raise their children, love their families, support their communities, and serve their country. The tension that arises among citizens of different faiths, and between government and citizens of a particular faith, is unacceptable to me. It is inconsistent with what America is all about.
Cyprus Benefits From No Civil Marriage Laws In Israel and Lebanon
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
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