Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, January 02, 2010
Danish Cartoonist Who Drew Muhammad Caricature Is Attacked In His Home
Friday, January 01, 2010
Happy 2010 To Religion Clause Readers!
Happy New Year! As we enter 2010, I want to again thank all of you who read Religion Clause-- both long time followers and those who have joined us more recently. With the advent of the Obama administration last January, some readers asked me whether there would continue to be sufficient church-state and religious liberty developments to sustain the blog. I think the past year has shown that this should not have been a concern.
It has been a good year for Religion Clause blog. The site meter shows that the blog has attracted over 672,000 visits since it began in 2005. Approximately 241,700 of these visits were registered in 2009-- a 17% increase over 2008. I continue to seek out additional ways for readers to access Religion Clause. This year I added a feed on Twitter (@ReligionClause). So in addition to the standard method of reading Religion Clause at its URL, you can subscribe to RSS feeds on your favorite RSS reader, subscribe by e-mail, find postings on Lexis through Newstex, log onto Twitter or purchase a subscription to read on your Kindle. Scroll to the bottom of the Religion Clause sidebar to click on various subscription options. One warning however: many of these alternative methods of access do not pick up an item a second time when an Update has been added.
Religion Clause's established format of strict neutrality, broad coverage and links to extensive primary source material has made it a widely-recognized authoritative source for keeping up on church-state and religious liberty developments around the world. I am pleased that my regular readers span the political and religious spectrum. So, while the blog represents a rather substantial investment of time on my part, so long as it continues to serve this unique role, I hope to continue it.
This year, moderating comments has become a more difficult issue. First, I have had a significant increase in robo-generated spam comments. Second, while I attempt to allow a very broad spectrum of views and approaches, I have had to delete some comments that are defamatory, repetitive, hostile, irrelevant or which otherwise impair the blog's usefulness as a neutral resource on legal issues and policy developments. Often I am able to moderate comments several times a day, but sometimes there may be a delay of as much as one or two days in my getting to them.
Finally, I want to thank all of you who send me leads to new developments, or who alert me to needed corrections. These help me assure that coverage is complete and accurate. I read all of your e-mails and appreciate receiving them, even though I cannot always acknowledge them. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want me to mention you, I will be happy to honor that request if you let me know when sending me information.
Best wishes for 2010!
Howard M. Friedman
Jordan Seeks Dead Sea Scrolls From Canada Under UN Convention
The First Protocol (Art. I, Sec. 2) to the Hague Convention, which has been signed by Canada, Jordan and Israel, is designed to prevent exportation of cultural property during an armed conflict. It requires each signatory:
to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory. This shall either be effected automatically upon the importation of the property or, failing this, at the request of the authorities of that territory.Canada's Cultural Property Export and Import Act Sec. 36.1(4), implementing the Convention, provides:
If the government of a State Party submits a request in writing to the Minister for the recovery and return of any cultural property that has been exported from an occupied territory of that State Party and that is in Canada in the possession of or under the control of any person, institution or public authority, the Attorney-General of Canada may institute an action in the Federal Court or in a superior court of a province for the recovery of the property by the State Party.Israel argues that the temporary loan of the Scrolls for display in Canada does not amount to "exportation" under the Hague Convention, and that the Scrolls, which it says it is merely holding as custodian, are part of the Jewish heritage. Palestinians argue that the Scrolls are also part of their heritage. [Thanks to Vos Iz Neias? for the lead.]
Ex-Indonesian President, Moderate Religious Reformer, Dies
Gus Dur was a renowned religious reformer, a voice of moderation when his country needed it most, and a bridge between Muslims and people of other faiths. His unique voice and perspective will be missed.... His life's mission was to increase religious understanding and reduce religious extremism worldwide. Though the world produces few men of his talents, the mission he lived for should be everyone's goal.
Claims Against Jewish Newspaper Dismissed To Avoid Religious Entanglement
to evaluate whether plaintiff's reputation suffered any injury, a jury would, of necessity, be required to determine how a Seruv Listing is viewed within the Orthodox Jewish community and whether an Orthodox Jew would be offended by another's refusal to provide a Get. To make that determination, a jury would be obliged to consider the intricacies of Jewish doctrine. Such consideration would require a jury to delve deeply into the importance of giving a Get and the disdain heaped on a man who refuses one.[Thanks to Bridget Englard for the lead.]
Connecticut School Will Move Graduation Away From Cathedral
UPDATE: ACLU announced on Feb. 9 that the Windsor (CT) Board of Education has voted to move its graduation away from The First Cathedral. With this decision, all 5 districts that had been using the church have now decided to hold their ceremonies elsewhere.
Thursday, December 31, 2009
Malaysian Court Says Catholic Paper Can Use Term "Allah"
UPDATE: The Malay (1/2) reports that the Prime Minister's Department in cooperation with the Home Ministry will appeal the High Court's decision.
UPDATE2: On Jan. 6, the High Court granted the Home Ministry a stay of its order while an appeal is taken to the Court of Appeal. (Outlook India; AP.)
7th Circuit Decides Two RLUIPA Zoning Cases
In the second case, the court upheld the city of Peoria's classifying as a landmark an apartment building next door to Trinity Evangelical Lutheran Church. This designation prevented the church from tearing down the building in order to build a family life center. The court rejected the Church's RLUIPA claim, holding that the burden on its free exercise is only modest. It can sell the building and use the proceeds to construct a family life center elsewhere in the city. Today's Chicago Tribune reports on the Chicago portion of the opinion.
Remains of 500 Animals From Santeria Rituals Found In Philadelphia House
Federal Court Orders New York Kosher Poultry Plant To Shut Down
The fundamental question, of course, is what is it about these people that makes it possible for them to, on the one hand, claim to be more religious and pious, and on the other hand, break rules that are non-halachic rules.He answered that the Skvers, along with other fundamentalist groups, tend to divide the world into "us and them", and feel they can be less concerned in portions of their lives that involve outsiders.
Fired Muslim Workers Denied Unemployment Benefits
Wednesday, December 30, 2009
Contributions To Arizona Scholarship Organzations Raise Federal Tax Issues
H1N1 Precautions Suspended Religious Activities At Montana Jail
FLDS Church Asks Utah Supreme Court To Stay Proceedings In Trust Case
Holocaust Survivors' Suit Against Vatican Bank Dismissed By 9th Circuit
This decision, involving the property claims, concluded that neither the international takings exception nor the commercial activities exception removed this suit from protection under the Foreign Sovereign Immunities Act. AP yesterday reported on the decision.A group of twenty-four individuals and four organizations ... claim that the Vatican Bank, known by its official title Istituto per le Opere di Religione, the Order of Friars Minor, and the Croatian Liberation Movement ..., profited from the genocidal acts of the Croatian Ustasha political regime ... which was supported throughout World War II by Nazi forces. That profit allegedly passed through the Vatican Bank in the form of proceeds from looted assets and slave labor. The Holocaust Survivors brought suit in federal court claiming conversion, unjust enrichment, restitution, the right to an accounting, and human rights violations and violations of international law arising out of the defendants' alleged involvement with the Ustasha during and following World War II.
Tuesday, December 29, 2009
Court OK's Ban of Creche on Roadway Median
Plaintiff sued, claiming that the refusal violates his freedom of expression. (See prior posting.) Observing that this is an "extremely close case," the court analyzed a number of "public forum" cases and concluded that a median in the middle of a busy roadway is not a "traditional public forum." It further ruled that the county has a compelling interest in prohibiting placement of the creche in the median because it may impede sight lines at the intersection. Also if this structure is allowed, the county would have to permit all sorts of displays on road medians, creating safety hazards around the county. At the same time, the alternative of displaying the creche a few hundred yards away on Church property would not create any public safety concerns. Finally, the court concluded that banning of temporary structures on busy road medians would not convey a message of endorsement or disapproval of religion. Yesterday's Detroit News reported on the decision.
Egypt Questioning Reporter On Blasphemy Charges
Virginia Warden Retires Amid Charges of Denying Prisoners Religious Services
Concerns About Religious Profiling for Security Arise Again After Flight 253
According to TPM, over the week end, Rep. Peter King (R-NY), Ranking Member of the House Homeland Security Committee, said on Fox News:
I think there are situations like this where we are afraid of being accused of profiling. The fact is while the overwhelming majority of Muslims are outstanding people, on the other hand 100% of the Islamic terrorists are Muslims, and that is our main enemy today. So while we should not be profiling people because of their religion, at the same time we should not be bending over backwards to somehow keep them off a list.A press release yesterday from the Council on American-Islamic Relations urged authorities to avoid ethnic and religious profiling.
LAPD, Citing Discrimination, Ends Affiliation of Its Youth Program With Scouts
Monday, December 28, 2009
Interview With Appellee In Famous Flag Salute Case Is Published
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.The article is part of a series of Interviews with Principals in Supreme Court First Amendment Cases.
Top 10 Church-State, Religious Liberty Developments In 2009
There are at least two other Top 10 lists published this month on religion related stories. You may find it interesting to compare their picks, many of which differ a good deal from mine, though they were using somewhat different criteria. They are Don Byrds' Top 10 Religious Liberty Stories of 2009; and Religion Newswriters Top 10 Religion Stories.1. U.S. Catholic bishops are at increasing odds with President Obama over abortion. Very public disputes, sometimes splitting the Catholic community, erupted over Notre Dame's award of an honorary degree to Obama and over the USCCB's insistence on strict language in health care reform bills to limit abortion coverage.
2. Conservative Christian groups mount extensive but unsuccessful attempt to prevent passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
3. The Freedom From Religion Foundation becomes a major player in pressing for church-state separation by challenging a wide variety of practices, from sectarian prayers at city council meetings, to the tax code's parsonage allowance, to engravings at the U.S. Capitol Visitor Center.
4. The Rifqa Bary case requires Florida and Ohio courts to become involved in run-away teenager's claim that her Muslim father threatens her life because of her conversion to Christianity.
5. U.S. Supreme Court rules that a Utah city can refuse to allow the religious group, Summum, to put up a monument containing its "Seven Aphorisms" in a public park, even though a 10 Commandments monument and other monuments are already there.
6. Britain's new Supreme Court holds that a Jewish school's admissions policy using the traditional Orthodox definition of who is a Jew amounts to ethnic, and therefore racial, discrimination.
7. Courts around the country decide disputes over ownership of property after numerous conservative Episcopal parishes move to Anglican affiliations.
8. South Carolina's attempt to issue state-sponsored "I Believe" license plates is ruled a violation of the Establishment Clause.
9. France convicts Scientology and its leaders of fraud while German court limits tactics of German government against Scientology.
10. A Utah trial court rejects a settlement proposed by Utah's Attorney General in the complicated attempt to reform the FLDS United Effort Plan Trust, while the estate of a deceased leader of the polygamous FLDS Church seeks control of the $120 million trust.
UPDATE: Politics Daily has also published an interesting list of Top 10 Religion/ Politics Stories of '09.
Pending Lawsuit Challenges Favoritism To Catholic School In Use of City Athletic Fields
Recent Articles and Books of Interest
- Todd E. Pettys, Sodom's Shadow: The Uncertain Line between Public and Private Morality, (December 26, 2009).
- Neil James Foster, Freedom of Religion and Discrimination - Two Important UK Cases, (December 23, 2009).
- Legal Studies Research Paper Series, University of Wisconsin, No Altars: An Introduction to Islamic Family Law in US Courts, (December 16, 2009).
From SmartCILP:
- Symposium: The Natural Law in Protestant Political and Legal Thought. Articles by J. Daryl Charles, Michael DeBoer, Daniel R. Heimbach, Michael V. Hernandez, H. Wayne House, Mark Liederbach, Donald R. McConnell, Gilbert C. Meilaender, John Warwick Montgomery, Peter Judson Richards, Joe M. Sprinkle, Max L. Stackhouse, David VanDrunen and Ronald J. Wright. 2 Liberty University Law Review 607-995 (2008).
- Fr. Evaldo Xavier Gomez, Church-State Relations from a Catholic Perspective: General Considerations on Nicolas Sarkozy's New Concept of Laicite Positive, 48 Journal of Catholic Legal Studies 201-217 (2009).
- Piero A. Tozzi, Whither Free Exercise: Employment Division v. Smith and the Rebirth of State Constitutional Free Exercise Clause Jurisprudence?, 48 Journal of Catholic Legal Studies 269-301 (2009).
Recent and Forthcoming Books:
- David A. J. Richards, Fundamentalism in American Religion and Law : Obama's Challenge to Patriarchy's Threat to Democracy, (Cambridge University Press, Feb. 2010).
- Donald L. Drakeman, Church, State, and Original Intent, (Cambridge University Press, Nov. 2009).
Sunday, December 27, 2009
U.S. Missionary Crosses Into North Korea, Complicating Diplomacy
UPDATE: North Korea announced on Dec. 29 that it has custody of an American who crossed into the country illegally on Christmas Eve. Apparently this is Robert Park, whose uncle says this is good news because it means Park was not executed. (CP).
Catholic Church Says Historic Designation of Building Infringes Its Rights
Recent Prisoner Free Exercise Cases
In Oliverez v. Albitre, 2009 U.S. Dist. LEXIS 118555 (ED CA, Dec. 2, 2009), a California federal magistrate judge allowed an inmate to move ahead with his free exercise claim that the prison's
Native American Spiritual Leader failed to provide him with the prayer oil he ordered.
Saturday, December 26, 2009
No "Necessity" Defense In Trial of Accused Killer of Abortion Doctor
Court Rejects Free Exercise Defense To Bald Eagle Act Prosecution
[T]he repository and permit processes, while arguably inconvenient, do not impose a substantial burden on the defendant's right to practice his religion. The evidence established that a tribal member would have to wait ninety days to six months for delivery of feathers from the repository. This moderate delay does not deny the defendant a reasonable opportunity to practice his religion. Alternatively, the court finds that even if the Eagle Protection Act imposed a substantial burden, the government has met its burden to show that the repository and permit process are the least restrictive means to further the government's compelling interest in protecting and preserving the bald eagle population.
Catholic Hospitals Group Differs With Bishops On Senate Health Insurance Language
UPDATE: Catholic Health Association has told CNS 12/28 that the New York Times is wrong. There is not a split between CHS and the Bishops.
Friday, December 25, 2009
Federal Court Enjoins Illinois Hike In Fees For Lobbyists, Partly on Establishment Clause Grounds
[T]he ACLU has proffered figures derived from public records showing that the LRF has run an approximately $ 100,000 surplus for the last two fiscal years, during which the Secretary collected lobbyist registration fees one-third as large as the fees authorized in the Amended Act. .... These surpluses suggest that the Secretary may be unable to show that the three-fold increase in the lobbyist registration fee adequately relates to the costs of administering the Amended Act....
Moreover, on its face the statute appears to privilege religious over non-religious speech. The ACLU is therefore also likely to prevail on its claim that the Amended Act's exemptions for religious organizations and the newsmedia impermissibly discriminate against the ACLU based on the content of its speech. Indeed, by only exempting religious speakers who are "full-time employees of a religious organization" and who speak to the legislature about "protecting the right of the members [of that organization] to practice the religious doctrines of that church or religious organization" the statute also requires another content-based determination focused on religious speech.....
The ACLU's likelihood of success on its establishment clause challenge is equally plain..... On its face the content based determinations discussed above require the state to set the boundaries of a religious organization's exempt advocacy by inquiring into what the doctrines of a church or religious organization are and how the lobbying activities promote them. Requiring such an examination is likely to violate the establishment clause by fostering excessive government entanglement in religion....
Queen Elizabeth Delivers Christmas Speech
Each year that passes seems to have its own character. Some leave us with a feeling of satisfaction, others are best forgotten. 2009 was a difficult year for many, in particular those facing the continuing effects of the economic downturn....The London Telegraph's coverage of the speech links to a video of it.
It is 60 years since the Commonwealth was created and today, with more than a billion of its members under the age of 25, the organisation remains a strong and practical force for good....
We know that Christmas is a time for celebration and family reunions; but it is also a time to reflect on what confronts those less fortunate than ourselves, at home and throughout the world. Christians are taught to love their neighbours, having compassion and concern, and being ready to undertake charity and voluntary work to ease the burden of deprivation and disadvantage. We may ourselves be confronted by a bewildering array of difficulties and challenges, but we must never cease to work for a better future for ourselves and for others.
President Obama and First Lady Send Christmas Greetings
even in these tough times, there's still so much to celebrate this Christmas. A message of peace and brotherhood that continues to inspire more than 2,000 after Jesus' birth. The love of family and friends. The bonds of community and country. And the character and courage of our men and women in uniform who are far from home for the holidays, away from their families, risking their lives to protect ours.
Final Defendants Sentenced In Tax Fraud Scheme By Hasidic Rabbi
Appeals Court Affirms Conviction of Street Preacher For Disorderly Conduct
Orthodox Jewish Medics Say Volunteer Fire Company Refused Accommodation
Thursday, December 24, 2009
11th Circuit Hears Oral Arguments In Challenge To Park Rules Limiting Feeding the Poor
2nd Circuit: World Trade Center Recovery Did Not Violate Free Exercise Rights
One of the claims put forward by plaintiffs was that the City's recovery efforts violated their right to the free exercise of religion. The court rejected the claim, concluding that the City's efforts did not target religious beliefs and that the City had a compelling interest in clearing the World Trade Center debris efficiently and economically. The court also rejected plaintiffs' due process claims, holding that they have no property interest in unidentifiable human remains, and that their dissatisfaction with the way the city handled recovery efforts did not rise to the level of a constitutional violation. The court concluded:
On a human level, plaintiffs' claims are among the most compelling we have ever been called on to consider. They have endured unimaginable anguish, and they seek nothing more than the knowledge that their loved ones lie in rest at a place of their choosing. We regret that we cannot bring them solace...The decision was handed down only a week after the court heard oral arguments in the case. The New York Times reported on the arguments.
Police Protect Atheist Sign In Illinois Capitol
At the time of the winter solstice, let reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is just myth and superstition that hardens hearts and enslaves minds.CBS News reports that William J. Kelly, a conservative activist and candidate for state comptroller, yesterday attempted to take down the sign, but was briefly detained and told to leave the building by Capitol police (who wrote up an incident report) when he turned the sign around so that it was face down. Kelly says the sign constitutes "hate speech" and mocks religion. He says that anyone going to look at the Christmas tree would be confronted by the sign because of its placement. Capitol police say it is their duty to protect any property in the Capitol building. [Thanks to Scott Mange for the lead.]
Rifqa Bary Case Moves Ahead As Her Lawyers Wait For Her To Turn 18
Airline Settles With EEOC Over Failure To Grant Religious Accommodation
County Reverses Order On Removing Stars and Angels From Christmas Trees
Wednesday, December 23, 2009
"War on Christmas" Subsides
Because the furor was media-driven in the first place, media mentions seem as good a metric as any. After 2005, Google Trends shows a continuous decline in searches for and mentions of the "war on Christmas." Media mentions of a "war on Christmas" have fallen steadily as well, according to Nexis: There were 431 articles mentioning it as of Dec. 17, 2006; 187 by that time in 2007; 155 in 2008; and 97 in 2009. Even Fox News, the network that pushed the story in the winter of 2005, has essentially stopped talking about it: At this time in 2005, Fox had aired 80 episodes explicitly referring to the "war on Christmas"; in 2006, there were 24; in 2007, 11; in 2008, five; and three so far this year. The departure in 2008 of Fox News host John Gibson, who penned The War on Christmas: How the Liberal Plot To Ban the Sacred Christian Holiday Is Worse Than You Thought, may have had something to do with it.
As a result, some groups dedicated to secularism and the separation of church and state — the anti-Christmas warriors — have gotten fewer invitations to debate the issue on radio and TV.
Baghdad Conference Focuses On Future of Iraqi Christians
Defendant Gets Light Sentence From Tribal Court For Bald Eagle Act Violation
Obama Gives Christmas Message To Children At D.C. Boys and Girls Club
THE PRESIDENT: I think one thing that's important to remember is that, even though there's a lot of fun at Christmas, you know, you got -- especially when it's snowy like this, so it's pretty outside, you got the Christmas tree, you got the Christmas cookies, you've got presents. You know, I think that the most important thing is just to remember why we celebrate Christmas.
CHILD: I know!
THE PRESIDENT: Do you know?
CHILD: The birth of baby Jesus.
THE PRESIDENT: The birth of baby Jesus, and what he symbolizes for people all around the world is the possibility of peace and people treating each other with respect. And so I just hope that spirit of giving that's so important at Christmas, I hope all of you guys remember that as well. You know, it's not just about getting gifts but it's also doing something for other people....
CHILD: I know why we give gifts to other people.
THE PRESIDENT: Why is that?
CHILD: Because the three wise men gave gifts to baby Jesus.
THE PRESIDENT: That's exactly right.... You know, the three wise men, if you think about it, here are these guys, they have all this money, they've got all this wealth and power, and yet they took a long trip to a manger just to see a little baby. And it just shows you that just because you're powerful or you're wealthy, that's not what's important. What's important is what's -- the kind of spirit you have.
So I hope everybody has a spirit of kindness and thoughtfulness, and everybody is really thinking about how can they do for other people -- treating them well, because that's really the spirit of Christmas....THE PRESIDENT: ...[T]he thing that I want everybody to remember, the most important message I can leave is, is that you guys have so much potential -- one of you could end up being President some day. But it's only going to happen if you stay focused and you work hard in school.... That's the most important thing you can do.
Ethnic Limits For Political Positions In Bosnian Constitution Struck Down By European Court
Attorney Claims Religious Rights of Ft. Hood Shooting Suspect Are Being Infringed
Cuban Cardinal Will Give Christmas Message On State TV
Vatican Will Require Permission For Use of Pope's Name, Photo, Coat of Arms
Tuesday, December 22, 2009
Bishops Continue To Oppose Senate Health Care Bill-- Looking At Why
At issue is nine pages of language (pp. 38-46 of Manager's Amendment) on how abortion coverage will be handled. It provides (1) any state may elect to bar abortion coverage in policies offered through the Exchange in that state; (2) elsewhere each insurance company may decide whether or not its plans will cover abortion services; (3) if a plan does cover abortions, no federal subsidy may be used to pay for that coverage; (4) instead the insurer must collect a separate payment from the insured for that coverage and segregate those funds for use for abortion services.
The Bishops' concern seems to be that under this arrangement, abortion coverage will still be in some policies that receive government subsidies, so long as a separate check is written for the part of the premium applicable to that coverage. Instead, according to a Dec. 14 letter from the Bishops, they want language in the House bill that was proposed as an amendment by Sen. Ben Nelson, but was defeated by the Senate. That language provides that no federal funds could be used "to cover any part of the costs of any health plan that includes abortion coverage." After that loss, Sen. Nelson negotiated the language in the Manager's Amendment and according to AP argued that the differences were "about a staple." By that he means that the disagreement is over whether abortion coverage-- which would be paid for separately in either case-- would be a part of the subsidized policy (not acceptable to the Bishops) or in a separate rider stapled to it (acceptable to the Bishops).
As an aside, the U.S. is not the only country struggling with the abortion issue. Interfax reported yesterday that Russian President Dmitry Medvedev has signed amendments to the country's Federal Advertising Law banning the advertising of abortions in a wide variety of media and locations. Many of the restrictions seem to be aimed at preventing advertising of abortions to minors.
NY Court Upholds Bifurcated Arbitration Procedure By Rabbinical Tribunal
Mexico City Approves Gay Marriage, Adoptions
5th Circuit: Town Not Liable For Police Officer's Infringement of Preachers' Rights
There is no respondeat superior liability under Section 1983, so another basis must be found if the town is to be held liable. The court rejected three different bases for liability that were urged by plaintiffs. It concluded that Columbia did not have a custom or practice of applying inapplicable statutes to limit the preachers’ rights to demonstrate because of the graphic nature of their signs; 2) the town did not ratify the police officer's decision to violate the preachers’ rights; and 3) Columbia did not have a policy of failing to adequately train its police officers on the rights of protesters. AP yesterday reported on the decision. (See prior related posting.)
Indian Court Orders Participation For Dalit Village In Hindu Festival
County Removes Stars and Angels From Its Christmas Trees
Anglican Priest Sues His Attorney For Malpractice After He Loses Fraud Suit
In his malpractice suit, Moyer claims that his former lawyer, John H. Lewis, Jr., and his law firm, Montgomery, McCracken, Walker & Rhoads, mishandled his deposition and failed to present certain key evidence to the jury. The law firm has counterclaimed alleging that the malpractice suit was brought in bad faith. Attorney Lewis, who had been close friends with Moyer, handled the trial and pre-trial for him pro bono. Now though the law firm's counterclaim includes a claim for $66,000 in unpaid legal fees, apparently for legal work since the trial responding to the lawsuit by the Diocese that is attempting to regain control of Good Shepherd.
6th Circuit Upholds Deportation To Jordan of Christian Couple, Rejecting Persecution Claims
Monday, December 21, 2009
Israel's High Court Finds Alternative To Contempt In Kosher Certification Challenge
Child Support Fight Over Home Schooling and Catholic Beliefs Back In Appeals Court
A second issue involved the wife's contention that she should be able to show that there was an ongoing agreement between her and her husband that she not work outside the home so she could properly raise her children during her visitation times. The court held that the law of the case required exclusion of this evidence since the court of appeals in the original divorce case held that any claimed agreement flowing from the Catholic marriage ceremony is unenforceable under the statute of frauds since it is an agreement made on the consideration of marriage that is not in writing.
FLDS Polygamist Gets 33 Years For Sexual Assault On Child
Malaysian Coalition Calls For Royal Commission On Religious Issues
Recent Articles and Books of Interest
From SSRN:
- Konstantinos G. Margaritis, The Freedom of Religion and its Limits in Greece and the Netherlands: A Comparative Approach, (December 15, 2009).
- Justin R. La Mort, The Soundtrack to Genocide: Using Incitement to Genocide in the Bikindi Trial to Protect Free Speech and Uphold the Promise of Never Again, (Interdisciplinary Journal for Human Rights Law, Vol. 4, Forthcoming).
- Michael James O'Connor, Legitimate Defense of Civil Rights or Raw Congressional Power Grab? The Constitutionality of the Freedom of Choice Act, (October 28, 2009).
- Stephen Matthew Feldman, Divided We Fall: Religion, Politics, and the Lemon Entanglements Prong, (First Amendment Law Review, Vol. 7, 2009).
From SmartCILP:
- Nicole C. O'Neal, The Development of Islamic Finance in America: The Future of Islamic Real Estate Investment Trusts, 44 Real Property, Trust & Estate Law Journal 279-297 (2009).
New Books
- Dawinder S. Sidhu & Neha Singh Gohil, Civil Rights in Wartime: The Post 9/11 Sikh Experience, (Ashgate Publishing Group, Dec. 2009).
- Lake Lambert III, Spirituality, Inc.: Religion in the American Workplace, (NYU Press, Dec. 2009).
- Stig Jarle Hansen, Atle Mesoy, and Tuncay Kardas (eds.), The Borders of Islam: Exploring Samuel Huntington’s Faultlines from Al-Andalus to the Virtual Ummah, (Columbia University Press, Nov. 2009).
Sunday, December 20, 2009
Recent Prisoner Free Exercise Cases
In Williams v. Sampson, 2009 U.S. Dist. LEXIS 116438 (ED CA, Dec. 15, 2009), a California federal magistrate judge concluded that an inmate's vague allegations of infringement of religious rights were insufficient for him to move ahead with an equal protection or free exercise claim.
In Black v. Ellsworth, 2009 U.S. Dist. LEXIS 116305 (SD IN, Dec. 11, 2009), an Indiana federal district court found that a Rastafarian inmate's religious needs were not disregarded. The jail chaplain ordered a special diet for him, provided him with a King James version of the Bible and informed him he would be allowed to keep a copy of the Holey Piley if he could secure a copy from someone outside of the jail.
In Dean v. Giles, 2009 U.S. Dist. LEXIS 116355 (MD AL, Nov. 19, 2009), an Alabama federal magistrate judge recommended rejecting First amendment and RLUIPA claims by a Native American inmate who complained that prison barbers cut his hair short in violation of his religious beliefs that required he keep his hair uncut. Plaintiff never told prison officials of his religious beliefs, nor did he object to the haircuts prior to filing this lawsuit. The court said that unintentional interference with religious exercise does not amount to actionable conduct by prison officials. the court also noted that prison grooming policies have repeatedly been upheld by various courts.
In Curry v. Bobby, 2009 U.S. Dist. LEXIS 116887 (ND OH, Dec. 16, 2009), an Ohio federal district court rejected claims by a Rastafarian prisoner in a maximum security facility that his free exercise rights and his rights under RLUIPA were violated when he was denied permission to wear his hair in dreadlocks.
In Johnson v. Boyd, 2009 U.S. Dist. LEXIS 117090 (ED AR, Dec. 15, 2009), an Arkansas federal district court accepted a magistrate's recommendation (2009 U.S. Dist. LEXIS 117071) and permitted an inmate to proceed with his free exercise claim against prison officials only in their individual capacities. Plaintiff claims that, while he was in protective custody, defendants seized his Bible.
In Stearns-Miller v. State of Florida, 2009 U.S. Dist. LEXIS 117663 (ND FL, Nov. 16, 2009), a Florida federal magistrate judge recommended dismissal without prejudice of claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated when prison officials refused to allow him to listen to an audio cassette of the Bible and refused to process of 200 pieces of his mail, some of it to clergymen. Since plaintiff had previously been found at least three times to have filed frivolous litigation, the court, under 28 USC 1915(g) refused to permit he to proceed in forma pauperis.