The online auction site eBay has prohibited the use of its facilities by supporters of Scott Roeder, the alleged killer of Kansas City abortion doctor George Tiller. As reported by Sunday's Kansas City Star, Roeder's supporters planned to auction an Army of God manual, a prison cookbook compiled by an abortion clinic bomber, a bullhorn signed by an anti-abortion activist and three drawings autographed by Roeder. The proceeds were to be used for Roeder's defense in his first degree murder trial that begins in January. Apparently supporters hope to finance representation other than the public defenders who are now representing Roeder. Some supporters are urging him to assert a "necessity defense."
However the Cleveland Plain Dealer reported yesterday that eBay says the planned auction violates its policy against material that encourages illegal activity or promotes violence toward others. eBay says it will remove the items if they are posted for sale. Tiller's attorney wrote eBay arguing that any proceeds from the auction would come under Kansas' "Son of Sam" law that keeps those charged with crimes from profiting from their activities. Proceeds would instead go to the Kansas Crime Victims Compensation Board. Regina Dinwiddie, a Roeder supporter, complained that eBay is chilling their First Amendment rights.
Wednesday, October 28, 2009
11th Circuit: Challenge By Christian Group to University of Florida Rules Is Moot
In Beta Upsilon Chi Upsilon Chapter at the University of Florida v. Machen, (11th Cir., Oct. 27, 2009), the U.S. 11th Circuit Court of Appeals dismissed as moot a challenge by a Christian fraternity to the University of Florida's non-discrimination rules for student organizations. Originally BYX was denied recognition as a student organization because it limited membership to those who demonstrated "a credible profession of faith in Jesus Christ," including a literalist view of the Bible and sexual purity. BYX excludes from membership, non-Christians, Catholics and mainline Protestants. University policy prohibits registered student organizations from discriminating on various grounds, including religious beliefs. The district court denied a preliminary injunction. BYX appealed and the 11th Circuit ordered the University to grant recognition to the organization while the appeal was pending. (See prior posting.)
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.
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
Yesterday's Keene (NH) Sentinel reports that a New Hampshire trial court judge has ruled that the Richmond, New Hampshire planning and zoning boards violated the federal Religious Land Use and Institutionalized Persons Act in dealing with the zoning application of a conservative Catholic church. St. Benedict Center applied to build a school and chapel on land it owned. The zoning and planning boards approved the proposal, but only if some 30 conditions were met. The court ruled that the town discriminated against St. Benedict's by attaching unattainable deadlines to some of the conditions. The court also concluded that Richmond's zoning laws effectively excluded houses of worship from the town. However the court dismissed the lawsuit's claim for damages against the individual board members, finding they were acting in a quasi-judicial capacity when they ruled on St. Benedict's zoning application. The claims against the boards themselves will now proceed to a jury trial for a determination of damages. St. Benedict is asking for $2 million in compensatory damages and up to $5.8 million in punitive damages.
Tuesday, October 27, 2009
French Court Convicts Scientology and Its French Leaders of Fraud
A Paris Criminal Court today convicted two French affiliates of the Church of Scientology of fraud upon the complaints of two women who claimed they were manipulated into buying products or enrolling in courses. AFP and the London Times report that fines totalling 600,000 Euros (around $900,000) were imposed on Scientology's Celebrity Centre and its bookshop in Paris. Scientology's French leader, Alain Rosenberg, was given a suspended two-year jail sentence and fined 30,000 Euros. Five other defendants were fined from 1,000 to 20,000 Euros on charges of fraud and the illegal practice of pharmacy. The court was unable to order Scientology dissolved because of a change in the law passed by Parliament in May that precluded dissolution as a punishment for fraudulent associations. (Background). The court also is requiring Scientology to publish the court's judgment in six newspapers and magazines in France and abroad. Judge Sophie-Helene Chateau said that a fine would be more effective punishment anyway, since a ban on the group might just drive them underground. According to the New York Times, the church, which calls the verdict "an Inquisition for modern times," says it will appeal
US Enjoined Temporarily From Moving On Terrorist Designation for Muslim Charity
In KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, (ND OH, Oct. 26, 2009), an Ohio federal district court issued a preliminary injunction barring the U.S. Treasury's Office of Foreign Assets Control from moving ahead to designate Kindhearts, a Muslim charity, to be a "Specially Designated Global Terrorist" group. In an August decision (see prior posting) the court found that in blocking KindHearts' assets, OFIC violated the charity's constitutional and statutory rights. Government officials had not obtained a search warrant; had applied vague criteria and not give the charity adequate notice and opportunity to be heard; and blocked access to funds for KindHearts to use to pay its counsel. The order issued yesterday bars the U.S. from taking the next step in the designation process until the court rules on what remedy is appropriate for the violations already found. Today's Toledo Blade reports on the case.
Both Sides Appeal Suit Against History Teacher For Anti-Religious Remarks
Both sides have filed appeals with the 9th Circuit in C.F. v. Capistrano Unified School District, the case in which California high school student Chad Farnan and his parents sued history teacher James Corbett for making remarks hostile to religion. A California federal district court found that one of the teacher's comments-- calling Creationism "superstitious nonsense"-- violated the Establishment Clause. However, Farnan was denied any relief on the claims. (See prior posting.) Yesterday's Orange County Register reports that teacher Jame Corbett's appellate team includes nationally renowned constitutional scholar Erwin Chemerinsky who is dean of UC Irvine School of Law. Corbett's 4-person team will represent him pro bono.
First Nativity Scene Lawsuit of the 2009 Season Is Filed
In what appears to be the first battle in the "Christmas Wars" for the 2009 season, a federal lawsuit has been filed by a Warren, Michigan resident challenging the county's decision to end a 63-year old tradition of his family's displaying a privately-constructed and maintained Nativity Scene on the median of a road in the city. The complaint (full text) in Satawa v. Board of County Road Commissioners of Macomb County, (ED MI, filed 10/23/2009), alleges that the county's denial to plaintiff of a permit to set up the display is a content-based infringement on freedom of speech in a traditional public forum and a denial of equal protection. The county first raised an objection in 2008 after receiving a letter (full text) from the Freedom from Religion Foundation complaining that the display on public property violates the Establishment Clause. Plaintiff removed the display last year since he had not applied for a permit. This year he applied, and was denied a permit. In addition to his speech and equal protection claims, plaintiff charges that the denial violates the Establishment Clause because it lacks a valid secular purpose and has the primary effect of inhibiting religion.
A press release from the Thomas More Law Center, announcing the filing of the lawsuit, quotes the Center's president, Richard Thompson, who said:
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
Section 163 of Malta's Criminal Code outlaws publicly vilifying the Roman Catholic Apostolic religion (the country's official religion), or those connected with it. The Police v. Rokku Abdilla, (Ct. Cr. App., Oct. 23, 2009), a decision handed down last week by Malta's Court of Criminal Appeal, interprets this provision. Here is a summary of the holding from the Judiciary of Malta's website:
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
The New York Times reported yesterday that high school football fans in a Georgia town have found a way to respond to the school district's ending the practice of cheerleaders carrying banners with Biblical quotations onto the field. As previously reported, Fort Oglethorpe High School, concerned about potential litigation, ended the 8-year old tradition of the players breaking through paper banners painted by cheerleaders with New Testament verses. Cheerleaders switched to banners carrying secular slogans." But now, fans calling themselves "Warriors for Christ" (a take-off on the team's name), have filled the stands with their own signs carrying Biblical verses, along with others reading "You Can't Silence Us" and "Living Faith Outloud." The fans have also held large rallies and sold more than 1,600 T-shirts carrying passages from Deuteronomy and Timothy. Also at last week's game, led by students, the team prayed on the 50 yard line before play began. The team captain shouted "In Jesus Name!" as players broke out of a huddle. The Times commented: "the backlash demonstrates the difficulty of separating church and state in communities, especially in the South, where many prefer the two merged."
State Department Releases 2009 Report On International Religious Freedom
The State Department yesterday submitted to Congress its 2009 Report on International Religious Freedom as required by Section 102(b) of the International Religious Freedom Act of 1998. At a press conference announcing release of the report Secretary of State Clinton (full text of remarks) said in part:
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.]
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
BBC News yesterday reported that many in Britain are outraged over the appearance last week on BBC One's Question Time of British National Party leader Nick Griffin. The BNP limits its membership to members of Caucasian British ethnic groups and has been outspokenly anti-Muslim. It is under court order to change its constitution to eliminate discrimination on the basis of race or religion. (See prior posting.) Griffin complained that the BBC program should not have been held in London because "it is no longer a British city" due to its level of immigrants. Former Archbishop of Canterbury Lord Carey urged Christians to "stand shoulder to shoulder" in rejecting the BNP, after BNP's Griffin referred to "Christian Britain" during his BBC appearance. BNP says 3,000 people registered to join the party during and after the broadcast. The broadcast had a record audience of 8 million viewers.
Demonstrations In Kabul In Reaction To Rumor Over Desecration of Quran
The London Telegraph reports that in Afghanistan's capital of Kabul yesterday, hundreds of demonstrators burned President Obama in effigy in reaction to rumors that U.S. troops had burned a copy of the Quran last week during a raid in Wardak province. One banner displayed by the demonstrators read: "No to Democracy. We just want Islam."A spokesperson for coalition forces said that an investigation showed that the reports were false, and were propaganda being circulated by the Taliban.
Recent Prisoner Free Excercise Cases
In Niemczynski v. Arpaio, 2009 U.S. Dist. LEXIS 97786 (D AZ, Oct. 8, 2009), an Arizona federal district court refused to dismiss a former jail inmate's claim that his free exercise rights were violated when the sheriff ordered Christian Christmas music to be played continuously for over 10 hours per day.
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.
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
From SSRN:
- 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
In Pike County, Alabama, a state trial court judge has issued a temporary injunction ordering two deacons of Troy, Alabama's New Mount Pleasant Baptist Church to turn the keys to the church and church documents over to the pastor and a majority of the congregation, and to refrain from interfering with church services. According to last Thursday's Troy Messenger, the deacons were upset that the pastor was disclosing financial information to the congregation outside the once-a-year business meeting. So they essentially took over the church. The court, however, ruled that a majority vote of the congregation controlled. The deacons-- one of whom had served in that capacity for 67 years-- had argued that the supposed majority were inactive members, and that there were only 15 members who actively attend and pay their tithes.
High School Teacher Found To Be Prevailing Party For Court Costs Recovery
The clerk's office in federal district court in Santa Anna, California has determined that nearly $20,000 in court costs should be borne by high school student Chad Farnan who sued his high school history teacher James Corbett, the school district and the teachers' union over anti-Christian remarks made by Corbett. While the court found that one statement by Corbett amounted to a violation of the Establishment Clause, it held that Corbett was not liable for damages because he was entitled to qualified immunity. (See prior posting.) That led the clerk's office to decide that Corbett was the prevailing party entitled to receive an award of court costs. The fees are to be paid by Advocates for Faith & Freedom, a Christian legal group that represented Farnan pro-bono. The school district and teachers' union, whose attorneys also represented Corbett, now plan to file a motion to recover over $378,000 in attorneys' fees. Reporting these developments, the Orange County Register says that Farnan's attorney now plans to ask the judge to review the ruling on court costs.
Sunday, October 25, 2009
Islamic Group Still Pressing For International Ban On Insulting Religions
Despite the United Nations Human Rights Council's recent adoption of a compromise resolution on freedom of opinion and expression (see prior posting), the Organization of the Islamic Conference and the African Group are pressing for much more robust protections against publications that insult or negatively stereotype religion and religious ideas. According to Nigeria's Vanguard on Friday, these groups have asked the Human Rights Council's Ad Hoc Committee for the Elaboration of Complementary Standards to develop:
"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
According to a press release Friday from the Sikh Coalition, for the first time in 23 years the U.S. Army has agreed to allow as Sikh physician, Captain Kamaljeet Singh Kalsi, to wear his religiously-mandated turban and long hair while serving on active duty. The decision does not represent a change in Arny policy, but instead a waiver granted at this point only to Capt. Kalsi. According to Stars and Stripes, if Kalsi is transferred to another command or deploys, he will be required to apply for another waiver from the Army’s uniform policy. The Sikh Coalition has been pressing for a broader change in Army policy and the Army has indicated a willingness to review its policy that excludes Sikhs. (See prior posting.)
Houston Sued Over City Council Prayer Policy
KTRK-TV News Friday reported that a lawsuit has been filed against the city of Houston, Texas challenging the constitutionality of its opening its city council meetings with a prayer. Invocations are offered either by Council members or invited clergy of various religious faiths. According to 39online.com, City Councilwoman Anne Clutterbuck was also named as a defendant. She often opens Council sessions with the Lord's Prayer. Plaintiff in the lawsuit is Kay Staley who sued and in 2007 obtained removal of a monument displaying the King James Bible at the Harris County (TX) courthouse. (See prior posting.)
Saturday, October 24, 2009
Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released
There are at least two new developments in the case of Rifqa Barry, the 17-year old convert to Christianity who fled to Florida from Ohio, saying she was afraid that her Muslim family would kill her or send her back to Sri Lanka. Yesterday Florida Judge Daniel Dawson issued an order to the Florida Department of Children and Families to relinquish its emergency jurisdiction over the girl and arrange for her to be transported to the proper authorities with Franklin County Children Services in Ohio. The order was issued after the judge received the paperwork he had requested showing the girl's immigration status and confirming that she could remain enrolled in on online school in which she started while in Florida. (MyFoxSpokane; 13CentralFloridaNews). (See prior posting.) Also yesterday, Florida's Department of Law Enforcement released the full transcript of its interview with the girl on Aug. 24 shortly after she arrived in Florida. (See prior posting.)
Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform
Earlier this month, the U.S. Conference of Catholic Bishops sent a letter (full text) to every member of Congress saying that the Bishops "will have no choice but to oppose the bill" if the final legislation does not meet three principles they have set out: (1) Exclude mandated coverage for abortion, and incorporate longstanding policies against abortion funding and in favor of conscience rights; (2) Adopt measures that protect and improve people's health care; and (3) Include effective measures to safeguard the health of immigrants, their children and all of society. In response to the letter, Rhode Island Rep. Patrick Kennedy told CNS News Thursday (in part):
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
A Hartford, Connecticut woman who was employed as a sales manager for Bath and Body Works filed suit alleging employment discrimination, wrongful termination and infliction of emotional distress after she was fired because she was a follower of Wicca. The complaint (full text) in Uberti v. Bath and Body Works, LLC, (D CT, file 10/15/2009), filed in a Connecticut federal district court, alleged that Gina Uberti's new regional manager objected to her practice of taking a week of her vacation time in October to travel to Salem, Massachusetts to celebrate Samhain (the start of the New Year). Her former manager had approved the vacation time. However her new manager questioned her priorities in light of a project being rolled out by the company and fired her, saying: "I will be damned if I have a devil-worshipper on my team." Yesterday's Courthouse News reported on the lawsuit. [Thanks to "Janus" for the lead.]
Challenge To Illinois Drivers License Rules Survives Motion To Dismiss
In Baer-Stefanov v. White, 2009 U.S. Dist. LEXIS 98132 (ND IL, Oct. 22, 2009), an Illinois federal district court rejected the Illinois Secretary of State's motion to dismiss a lawsuit challenging the Illinois statute and regulations governing issuance of drivers licenses to individuals who have religious objections to furnishing their social security number. The statute and regulations grant an exemption, but only if the applicant includes a statement from his or her religious leader that use of a social security number is against the applicant's faith. Also the statute permits the Secretary of State to determine which religious orders or sects have bona fide religious convictions that prohibit applying for a social security number. Plaintiffs challenged these provisions on free exercise and equal protection grounds, as well as under the Illinois Religious Freedom Restoration Act.
Friday, October 23, 2009
First German Bank To Offer Sharia Financial Products Will Open
Today's Spiegel reports that the first bank in Germany to offer Sharia-compliant financial products to German Muslims will open next year in Mannheim. Kuveyt Turk Beteiligungsbank will have a large potential market since four million Muslims who live in the country. German financial regulators will host an international conference next week to discuss promoting financial institutions that offer Islamic products.
9th Circuit Hears Oral Arguments In Student Speech Appeal
On Tuesday, the 9th Circuit Court of Appeals hear oral arguments in Arizona Students for Life v. Crow. At issue is the extent to which the University may require a student group to show proof of insurance in order to display a pro-life exhibit or hand out literature from a table on campus. ASU attorneys say the university has put in place a less restrictive policy since the incident in question, but the student group says it is entitled to damages, and that there are still concerns about future problems. LifeNews reported that during oral arguments Judge Alex Kozinski suggested that it would be better for the parties to attempt to settle the case out of court. Retired U.S. Supreme Court Justice Sandra Day O’Connor sat on the panel that heard the case. The 9th Circuit has posted a recording of the full oral arguments online.
Iranian Cleric Says Nuclear Weapons Violate Islamic Law
Intelligence and Terrorism Information Center reported this week that a senior cleric in Iran, Ayatollah Hossein-Ali Montazeri, has issued a fatwa stating that developing and using nuclear weapons are a violation of Muslim religious law. His ruling said that the use of nuclear weapons would lead to the deaths of innocent people and harm future generations. The report says that in the past, other Iranian clerics have issued competing rulings on the issue. In the past, senior Iranian figures have claimed that Supreme Leader Ayatollah Ali Khamenei issued a fatwa (never made public) prohibiting the development of nuclear weapons.
B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law
In Canada, British Columbia's Attorney General has decided that instead of appealing the dismissal of polygamy charges that were filed against the leaders of two FLDS factions, (see prior posting) the province will instead ask the British Columbia Supreme Court for clarification on the law. CBC News reported yesterday that the Attorney General will ask the Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms, and to clarify the meaning of the provisions of Section 293 of the Criminal Code. In a press release, the Attorney General said: "Until Canadians and the justice system have clarity about the constitutionality of our polygamy laws, all provinces, including ours, face a lengthy and costly legal process in prosecuting alleged offences." The Province has published a helpful timeline of developments in the long-running case.
9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers
The U.S. 9th Circuit Court of Appeals has now released its opinion in John Doe #1 v. Reed, (9th Cir., Oct. 22, 2009), explaining its order issued last week clearing the way for release of the names of those who signed referendum petitions in Washington state seeking review of the state's domestic partnership law. (See prior posting.) The court held that applying Washington state's Public Records Law to the referendum petitions does not violate the 1st Amendment right to anonymous political speech. It said that the signatures on the petitions are not anonymous. It concluded further that the district court was incorrect in applying strict scrutiny, saying that petition signing should be seen as "expressive conduct" subject to intermediate scrutiny. The state's asserted interests in preserving the integrity of the election and furnishing voters information about who supported placing a referendum on the ballot were found to be sufficiently important to justify their incidental limitation on speech. The incidental effect was found no greater than necessary to carry out the state's goals. [Thanks to Eugene Volokh for the lead.]
Senate Gives Final Approval To Hate Crimes Bill
The U.S. Senate yesterday by a largely party-line vote of 68-29 approved HR 2647, the 2010 National Defense Authorization Act as recommended by the Conference Committee. The bill contains an expansion of federal hate crimes legislation, the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act. The House has already approved the Conference Committee version (see prior posting) and the bill now goes to President Obama who is expected to sign it. The Washington Post reports that Republicans who opposed the hate crimes provisions were upset that the Democrats attached them to a defense spending bill, daring them to vote against the military budget.
Thursday, October 22, 2009
9th Circuit Denies En Banc Review Of Arizona Tuition Contribution Tax Credits
In Winn v. Arizona Christian School Tuition Organization, (9th Cir., Oct. 20, 2009), the full U.S. 9th Circuit Court of Appeals refused to grant en banc review in a case challenging Arizona's program of tax credits to provide scholarships, mostly for students in religious schools. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.)
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:
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).
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
Yesterday's Lafayette (LA) Daily Advertiser reports that the Catholic Archdiocese of New Orleans has settled twenty lawsuits alleging sexual and physical mistreatment of children some 40 to 50 years ago at Catholic homes for troubled boys. The settlement totalling $5.182 million was reached only after years of mediation and negotiation.
Hungary's President Wants Religion Questions On 2011 Census
Hungary's President Laszlo Solyom has refused to sign a bill passed by Parliament to govern Hungary's scheduled 2011 census. According to MTI today, the President sent the bill back to lawmakers to eliminate the the ban on asking census questions regarding health status or religion. The 2001 census included questions on these issues. Solyom says the information is important and that the census should be consistent to facilitate comparisons.
Pennsylvania School Will Temporarily End Enforcement of Speech Code
Yesterday a Pennsylvania federal district court issued an Agreed Temporary Consent Order in E.B. v. West Shore School District, (MD PA, filed 10/5/2009). The case grew out of an incident in which a Lewisberry, Pennsylvania middle school student was told by school officials to remove his T-shirt which carried the message "Abortion is Not Health Care". He wore the shirt to school on the day President Obama was delivering a national address to school students. The student's father sued on his son's behalf alleging in the complaint (full text) that the school's Student Expression Policy violates the 1st and 14th Amendments as well as Pennsylvania's Religious Freedom Protection Act. The complaint alleges in part that the Policy prevents his son "from incorporating his private religious expression into his clothing based solely on the religious and political nature of his expression." (ADF press release.)
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.
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
Yesterday's Dallas Observer carries a long background piece on Jose Merced, the Santeria priest who recently won a 5th Circuit victory allowing him to continue animal sacrifices at his Euless, Texas home, despite the city's health and safety concerns. (See prior posting.) Here is a short excerpt:
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
In Maughan v. University of British Columbia, (BC Ct. App., Oct. 20, 2009), the Brisish Columbia Court of Appeal agreed with the trial court that a graduate student at UBC had not shown that tensions between her and her English professor resulted from religious discrimination. Cynthia Maughan, an Anglican student in her mid-40's, pursuing an M.A. in English, received a low grade in Dr. Wier's seminar on "The Proper: From Derrida to Delgamuukw." Her primary complaint revolved around an incident in the seminar when she argued a passage from a Derrida text comparing the Holy Eucharist to "mystical cannibalism" was a misinterpretation of the Bible. Other students strongly defended Derrida, and Maughan described those exchages as "shocking" and the passage as "intense sacrilege." The Court of Appeal, dismissing her claims for negligence and breach of British Columbia's Civil Rights Protection Act, concluded: "In our view, Ms. Maughan’s claim is not based on the evidence per se, but on her interpretation of the evidence and the inferences she drew from the evidence founded on her firm conviction that she was subjected to discriminatory treatment by the respondents on the basis of her religion." Xtra West reported on the decision yesterday.
Settlement Reached In Suit Over Grooming Rules For Federal Building Guards
The Fresno Bee and the Sikh Coalition this week reported on the settlement of a lawsuit over the Department of Homeland Security's grooming rules for security officers hired under contract to guard federal buildings. Raghbir Singh, a Sikh who wore a turban and beard, was hired through a private security firm in 2005 to guard an IRS building. However he was forced off the job after he refused to comply with regulations of the Federal Protective Service that required security guards to be clean-shaven and wear a uniform and hat. After a lawsuit was filed in 2007, the FPS informally agreed to make religious accommodations in its grooming and headgear policy. In this week's settlement of the case, the federal government paid Singh $50,000 in damages for wrongful termination and the FPS has changed its grooming rules.
European Court Says Italian Catholic Unversity Infringed Faculty Applicant's Rights
Lombardi Vallauri v. Italy, (ECHR, Oct. 20, 2009) [full text in French, Word.doc], decided yesterday by the European Court of Human Rights, held that the rights of a Lecturer at Milan's Catholic University of the Sacred Heart were infringed by procedural irregularities in refusing to consider his application for a permanent faculty position. As explained by the Court's press release on the case, Luigi Lombardi Vallauri had taught on the Faculty of Law under temporary contracts for over 20 years. When competition for permanent appointment to the post opened, the University's Faculty Board refused to consider his application because the Congregation for Catholic Education, an institution of the Holy See, informed the President of the University that some of Vallauri's views were "in clear opposition to Catholic doctrine." Approval by the Congregation for Catholic Education was one of the conditions for being considered for the position. The Court concluded, that while Italian courts could not review the substance of the decision, the Faculty Board should have explained how Vallauri's views were liable to affect the University's interests. Failure to do so infringed the procedural aspects of the protection of free expression under Art. 10 of the ECHR, as well as his right under Art.6(1) to effective access to a court. One judge dissented. [Thanks to Dott. Pasquale Annicchino for the lead.]
Wednesday, October 21, 2009
Atheist Ads Will Appear In New York Subway Stations
A coalition of eight groups calling themselves the Big Apple Coalition of Reason have purchased space for posters in a dozen New York subway stations. CNN reports that beginning Monday, posters raising awareness of those who do not believe in God will be displayed. The ads will read: "A million New Yorkers are good without God. Are you?" The goal of the campaign is to reach out to those who have similar views. Funded by a $25,000 anonymous donation, this is part of a broader national campaign. New York's Metro Transit Authority says that its advertising guidelines respect freedom of speech and religion.
Alito Complains About Questions Over Catholic High Court Majority
AP reports on a speech given Tuesday by U.S. Supreme Court Justice Samuel Alito to Philadelphia's Justinian Society, a group Italian-American lawyers, judges and law students. According to the report, Alito expressed frustration over persistent questions about the court's 6-Justice Roman Catholic majority. He complained: "This is one of those questions that does not die."
Vietnam Recognizes Assemblies of God Church
Earth Times reports that in a ceremony in Vietnam's Ho Chi Minh City on Monday, the government's Committee for Religious Affairs granted formal recognition under the 2007 Law on Religion to the Vietnamese branch of the Assemblies of God church. The church, the world's largest Pentecostal Christian denomination, has 40,000 members in Vietnam. It has been active in the country since 1989, and had received warnings from the government. However sanctions were never imposed because of ambiguities in the law. Apparently it will take another year for the church's status to become fully legal.
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.
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
Following House passage last week, the U.S. Senate yesterday passed and sent on to the President the Conference Committee's version of H.R. 2892, the Department of Homeland Security Appropriations Act. Section 568(a) of the bill extends until Sept. 30, 2012 the Special Immigrant Nonminister Religious Worker Program. (See prior posting.) Under prior law that program expired three weeks ago. The bill also requires Citizenship and Immigration Services to submit a report to Congress on the risks of fraud and non-compliance by program participants, and a plan to improve the integrity of the program. In June 2009, the Department of Homeland Security Office of Inspector General issued a report (full text) on steps taken recently to reduce fraud in the program.
6th Circuit Hears Oral Arguments In Long-Running 10 Commandments Case
The 6th Circuit yesterday heard oral arguments in the long running 10-Commandments case, ACLU of Kentucky v. McCreary County. In 2005, the U.S. Supreme Court upheld a preliminary injunction barring the a display of the Ten Commandments along with other historical documents that refer to God in two Kentucky county courthouses. A majority concluded that the displays violated the Establishment Clause because the predominant purpose of the displays was the advancement of religion. (See prior posting.) However Justice Souter added: "we do not decide that the Counties' past actions forever taint any effort on their part to deal with the subject matter." Meanwhile the counties put up yet a third display, a broader "Foundations of American Law and Government" display that included the Ten Commandments along with other historical documents. On that basis, on remand the district court refused to issue a permanent injunction, but also refused to find that the counties had purged themselves of their original religious motivation. (See prior posting.) The Cincinnati Enquirer says that yesterday's oral arguments in the 6th Circuit focused on whether the counties have done enough to eliminate their original religious motivation.
Tentative Settlement Reached in "Flying Imams" Case
Fox News reported yesterday that a tentative settlement has been reached by all parties in the so-called "flying imams" case. The lawsuit, filed by six Muslim clergy against US Airways and the Minneapolis-St. Paul Metropolitan Airport Commission, alleged false arrest, unreasonable search and seizure and equal protection violations. The six plaintiffs were removed from a U.S. Airways flight in 2006 as they were returning from the North American Imams Federation conference held in Minneapolis. (See prior posting.) Details still need to be worked out in the settlement agreed to by the parties on Monday, and federal court approval is still required. None of the parties would comment on specifics of the settlement.
Tuesday, October 20, 2009
Vatican Invites Conservative Anglicans Into New Affiliation
Surprise developments today out of Rome, London and Washington create new possibilities for dissident Episcopal congregations that are increasingly splitting off from ECUSA and affiliating with new more conservative Anglican provinces. (See prior related posting.) The Vatican's Congregation for the Doctrine of the Faith announced:
[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
Yesterday, U.S. Supreme Court Justice Anthony Kennedy issued an order (full text) reinstating the preliminary injunction issued by a federal district court in Washington state in John Doe #1 v. Ried. The injunction bars release of the names of signers of referendum petitions seeking to overturn a recently-enacted state domestic partnership law. The 9th Circuit last week reversed the district court (see prior posting), and plaintiffs seeking to prevent release of the names immediately petitioned Justice Kennedy. The full text of both appellants' application to Kennedy and the response by Washington's Secretary of State are available online. AP reports on the case, and Eugene Volokh weighs in on the latest developments.
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.]
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
A letter to the editor published in Sunday's Orangeburg (SC) Times and Democrat from the chairmen of two South Carolina County Republican Party organizations reflects, at the very least, insensitivity to the anti-Semitic nature of comparisons they draw. Defending South Carolina U.S. Senator Jim DeMint's opposition to earmarks in budget bills, Bamberg County chairman Edwin O. Merwin Jr. and Orangeburg County chairman James S. Ulmer Jr. wrote:
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.
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
Yesterday' Bangor (ME) Daily News reports on religious coalitions on opposing sides of Maine's Question 1-- a referendum on the November ballot that would overturn a law passed earlier this year permitting same-sex couples to marry. (See prior posting.) The Religious Coalition for the Freedom to Marry in Maine held rallies around the state on Sunday to urge a "No" vote on Question 1. Rev. Bob Emrich, founder of the Maine Jeremiah Project which opposes same-sex marriage and urges a "yes" vote on the referendum, says the issue is not discrimination, but redefining marriage.
Asst. Secretary of State for Democracy, Human Rights and Labor Sworn In
Yesterday, the new head of a little-known bureau within the State Department was formally sworn in, though he has been on the job for over three weeks. Michael Posner was sworn in as Assistant Secretary of State for Democracy, Human Rights, and Labor. Posner previously served as president of Human Rights First. In her remarks (full text) at the ceremony, Secretary of State Hillary Clinton described the work of the Bureau: "It trains NGOs and civil society leaders to try to turn the principles of democracy into practice, to combat violence and discrimination against women and minorities, to promote interfaith dialogue and fight exploitation in the workplace." Posner's actual confirmation by the Senate was Sept. 22, and immediately afterwards he led the first U.S. delegation to the UN Human Rights Council, sponsoring with Egypt a compromise resolution on freedom of expression and religion. (See prior posting.)
Smithsonian Will Add Evolution Exhibit; Explore Religion and Science
USA Today reported last week that the Smithsonian's Natural History Museum will open a new 15,000 square foot permanent exhibit next March on the "discovery and understanding of human origins." The Museum has also created a Broader Social Impacts Committee to address the interaction between religion and science. However Jim Miller, co-chair of the committee and an official with the Presbyterian Association on Science, Technology and the Christian Faith, says that the evolution exhibit is "a scientific exhibit so it's not there to make a religious point." But, he says, he hopes the new exhibit, which opens on the 100th anniversary of the Museum on the National Mall, will provide an opportunity "for sound scientific discovery to enrich religious experience." [Thanks to Institute on Relig. & Public Policy for the lead.]
Monday, October 19, 2009
Wilmington Catholic Diocese Files For Chapter 11 Protection
Last night, the Catholic Diocese of Wilmington (covering Delaware and Maryland's Eastern Shore) became the seventh U.S. Catholic diocese to seek Chapter 11 bankruptcy protection. The filing delays the trial that was scheduled to start today in a clergy sex abuse case against the diocese. AP reports that today's case was the first of over 100 filed under a 2007 Delaware law that gave victims a 2-year window to file even though the prior statute of limitations had run. (See prior posting.) In the bankruptcy filing, the diocese listed its assets as between $50 million and $100 million, with liabilities between $100 million and $500 million. Since 2002, the diocese has paid out $6.2 million to settle clergy sex abuse lawsuits, and additional undisclosed amounts to victims who did not file suit.
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.
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
Today's BNA Daily Report for Executives [subscription required] summarizes four sets of comments the Internal Revenue Service has received on proposed changes in its Regulation governing which official has authority to authorize church tax inquiries. (See prior posting.) The proposal is designed to clarify the confusion over who has that authority after a 1998 IRS reorganization. Comments from D.C. attorney Marcus Owens object to the IRS conclusion that the authority should be given to the Director of Exempt Organizations. He urges that the authority should be vested in an official who has experience in making high-level sensitive policy decisions and who does not have church tax compliance as a significant part of his responsibilities.
Recent Articles of Interest
From SSRN:
- 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
Sunday's London Mail reports on efforts by the Foreign Affairs Committee of Britain's Parliament to have references to Christianity removed from the Preambles of the Constitutions of two British territories. Beginning in 1999, the British Foreign Office initiated efforts to have territories under British sovereignty update their Constitutions. However, when Parliament's Foreign Affairs Committee saw the redrafts from two territories, it raised objections. On the Cayman Islands draft, the Committee wrote in a letter to the Commonwealth Office:
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
U.S. Attorney General Eric Holder addressed the Anti-Defamation League's 2009 American Heritage Dinner in Las Vegas Saturday night. His address (full text) focused primarily on hate crimes, including anti-Semitism which is one of the ADL's primary concerns. Holder hailed the fact that expanded hate crimes legislation is about to pass in Congress. (See prior posting.) He said that "on the day that it becomes law, we will hasten to begin using it." Then focusing on problems being faced by Muslim-Americans, he said:
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
AP yesterday reported on the thriving civil marriage industry in Cyprus, catering to residents of Israel and residents of Lebanon. In both of those countries, civil marriage does not exist and religious authorities will not perform interfaith marriages. In Israel the Orthodox rabbinate is particularly strict in determining who is Jewish for purposes of marriage. Last year, 523 couples from Lebanon and 1,533 from Israel were married in Cyprus.
Sunday, October 18, 2009
9th Circuit: Names of Referendum Petition Signers Can Be Released
Last month, a federal district court in Washington state enjoined release of the names of individuals who signed petitions supporting a referendum to overturn a recently-enacted state domestic partnership law. The Public Records Act request for the documents had been filed by two gay rights groups that wanted to be able to contact the signers to complain about their support for the referendum. (See prior posting.) In an order issued last Thursday, the 9th Circuit in John Doe #1 v. Ried, (9th Cir., Oct, 15, 2009), cleared the way for release of the names, holding that the district court had relied on an "incorrect legal standard" in granting the preliminary injunction. It said that "an opinion setting forth the reasons for the court’s reversal of the Preliminary Injunction Order shall be issued expeditiously and in due course." The Seattle Times reported Thursday that Protect Marriage Washington, the group supporting the referendum, will seek en banc review of the 3-judge panel's reversal of the injunction. Meanwhile, according to the Seattle Post-Intelligencer, there is still a temporary restraining order outstanding from a state court barring release of the information about petition signers. [Thanks to Alliance Alert for the lead.]
Canadian Court Decides Dispute Between Church Factions Over Control of Funds
Ethiopian Orthodox Church of Canada v. Hohite Semay St. Mary Ethiopian Orthodox Tewahido Church, (BC Sup. Ct., Oct. 9, 2009), involved a dispute over which of two factions in a Vancouver congregation in the Canadian province of British Columbia was entitled to control over $280,000 of church funds. The congregation was made up primarily of immigrants from Ethiopia and Eritrea whose first language is Amharic. The dispute grew out of the firing of the congregation's priest and inaccurate corporate filings when the congregation was created that had initially registered the congregation in the name of the Toronto-based Ethiopian Orthodox Church of Canada. That Church, as plaintiff, is aligned with the smaller of the two factions in the congregation. The British Columbia Supreme Court (as a trial court) held: "the conduct of the parties shows that there was never any intention that the funds raised by and for the benefit of members of the Vancouver Church were for the beneficial ownership of the plaintiff.... The plaintiff is not, and never was, the owner of the funds at issue."
Recent Prisoner Free Exercise Cases
In Putzer v. Donnelly, 2009 U.S. Dist. LEXIS 94467 (D NV, Oct. 9, 2009), a federal district court adopted a magistrate's recommendation to deny a preliminary injunction (2009 U.S. Dist. LEXIS 94472, Aug. 17, 2009). A Jewish prisoner, alleging RLUIPA and 1st Amendment violations, objected that he was not permitted to attend a candle-lighting ceremony on Friday evenings just before sundown, in celebration of the Sabbath.
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.
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
Saturday's Salt Lake (UT) Tribune reports that growing numbers of tax liens are complicating the work of the Utah court-appointed trustee of the FLDS United Effort Plan Trust. The trust holds land in Colorado City, AZ and Hildale, UT on which FLDS members, many in polygamous relationships, live. A combination of misunderstandings, disagreements and complexity has led to taxes not being paid on many properties in Colorado City, as trustee Bruce Wissan still seeks to remove the religious elements from the trust and allocate some land to former FLDS members who left or were expelled from the Church. (See prior posting.) Tax liens have been filed on homes, businesses and school buildings, vacant land and a 54-acre community park and zoo. In February, tax liens on 35 large communal properties were sold at auction, giving the buyers the right to foreclose if back taxes are not paid within three years. Part of the problem is that non-FLDS members placed on land by the trustee have not paid their share of communal taxes. Also Wissan has not applied for tax exemptions for some of the properties that previously had exemptions. Furthermore, some tax lien sales stem from unpaid taxes on only a small portion of a communal lot.
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.
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
In Canada, the Supreme Court of British Columbia (which is the province's superior trial court) this week ruled that the Crown had proved the elements of criminal negligence in the case of a man who performed a botched ritual circumcision on his 4-year old son. It ruled that the defense can now proceed with its claim that the father is entitled to a constitutional exemption because the circumcision was motivated by defendant's desire to fulfill his religious duty. The opinion in Regina v. D.J.W., (BC Sup. Ct., Oct. 14, 2009), contains rather graphic descriptions of the facts underlying the 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.
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
Thursday's London Telegraph reports that the British National Party has agreed to settle a complaint brought against it in August by Britain's Equality and Human Rights Commission. The party's Constitution (full text) limits membership to those who descend from indigenous Caucasian British ethnic groups. The Commission charged that this violates Britain's Race Relations Act. (EHRC Letter Before Claim to BNP). In settling the case, the BNP has agreed to use "all reasonable endeavours" to revise its constitution to eliminate discrimination on the basis of "protected characteristics" including race, gender and religious belief. The court gave party leader Nick Griffin ten days to submit a signed agreement undertaking to present party members with a revised constitution at the BNP's general meeting next month.
Plaintiff Who Challenged Teacher's Remarks Now Speaks At Republican Fund Raisers
Earlier this year, California high school student Chad Farnan and his parents won a mixed victory in a lawsuit against Chad's former high school history teacher James Corbett. They alleged that Corbett made comments in class hostile to religion, particularly to Christianity. A federal court found that one of the teacher's comments violated the Establishment Clause, but on various grounds denied any sort of relief. (See prior posting.) Now, according to yesterday's Orange County (CA) Register, 17-year old Farnan is speaking at fund raisers for Republican candidates. At an event for Shawn Black, a candidate for the 70th Assembly District in Orange County, Farnan told the audience: "Now is the time to fight back, so our rights as Christians and conservatives can be taken back." The fundraiser's master of ceremonies told the audience: "We need to pray for [Farnan] because he is under attack for his faith." The Capistrano Valley High School senior has given about ten fund raising speeches since May.
Friday, October 16, 2009
Group Challenges Constitutionality of IRS Parsonage Allowance Provisions
The Freedom from Religion Foundation and 21 of its members, represented by Michael Newdow, filed a federal lawsuit today challenging the constitutionality of two provisions of the Internal Revenue Code that give special tax deductions to "ministers of the gospel." the complaint (full text) in Freedom from Religion Foundation v. Geithner, (ED CA, filed 10/16/ 2009) alleges that Sections 107 and 265(a)(6) of the Revenue Code violate the Establishment Clause by discriminating against secular organizations and excessively entangling the government with religion because determinations whether the sections apply turn on religious criteria and inquiries.
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.
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
There has been much commentary on last week's oral arguments before the Supreme Court in Salazar v. Buono-- the case involving the Sunrise Rock Cross located in the Mojave Preserve war memorial . (See prior posting.) In paticular pundits have focused on Justice Scalia's questioning. (St. Louis Post Dispatch.) Stephen Colbert's satirical take on the arguments is among the more interesting reactions to Scalia. Thanks to Don Byrd for pointing out this video clip:
| The Colbert Report | Mon - Thurs 11:30pm / 10:30c | |||
| The Word - Symbol-Minded | ||||
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President Attends White House Diwali Celebration
According to the Washington Post, on Wednesday, President Obama became the first U.S. President to attend a celebration of the Diwali holiday in the White House. While the White House Diwali celebration tradition began during the George W. Bush Administration, previously only cabinet members and White House staff attended. Diwali is celebrated by Hindus, Sikhs, Jains and Buddhists, although with different traditions in each religion. The White House blog has also posted an account of the President's participation in the ceremony, along with a video greeting extending holiday wishes. At the ceremony the President lit the White House diya (earthen lamp) which is traditional for the festival. He also signed an executive order (full text)reestablishing the Initiative on Asian Americans and Pacific Islanders and setting up an Advisory Committee on Asian Americans and Pacific Islanders.
Supreme Court Hears Arguments On Attorneys' Fees In Civil Rights Cases
The U.S. Supreme Court Wednesday heard oral arguments in a case that could have important implications for the recovery of attorneys' fees by prevailing parties who assert Free Exercise claims against state and local governments. Perdue v. Kenny A. is an appeal from an 11th Circuit decision that raises the question of whether attorneys' fees awarded under 42 USC Sec. 1988 can be enhanced based solely on the quality of performance and results obtained in the litigation. The attorney fee provisions of Sec. 1988 apply to actions under Sec. 1983, under RFRA and under RLUIPA. SCOTUS Wiki has background on the case and links to all the briefs as well as the 11th Circuit opinion below. The Supreme Court has posted the full transcript of the argument. SCOTUSBlog carried a summary of the arguments.
USCIRF Urges Secretary of State To Press Iran On Religious Freedom
The U.S. Commission on International Religious Freedom on Tuesday wrote Secretary of State Hillary Clinton (full text of letter) urging her to press Iran on its human rights and religious freedom record as the U.S. pursues talks over Iran's nuclear program. Iran has been designated a "country of particular concern" under the International Religious Freedom Act (IRFA) since 1999. (See prior posting.) USCIRF letter recommends that the U.S. impose sanctions on Iran under the IRFA by barring entry entry into the United States and freezing the assets of Iranian government officials who have engaged in particularly severe religious freedom violations.
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