Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, January 15, 2010
Appeals Court Upholds Religious Objection To Autopsy On Executed Prisoner
The court held that under Tennessee's law on preservation of religious freedom (TN Code Ann. Sec. 4-1-407), the Medical Examiner is required to establish by clear and convincing evidence under the specific facts of the case that performing an autopsy is essential to further a compelling governmental interest. While there is a compelling interest to conduct some kind of investigation as to every inmate who is executed in order to assure against cruel and unusual punishment, where a religious objection is raised to an autopsy, that may be part of the investigation only if the compelling interest standard is met. Religious objections might be overruled when the execution was not without incident, the prisoner did not react to the drugs as expected, and there is a need to understand why. Even then, the autopsy needs to be limited to the procedures necessary to understand what happened. UPI reported on the decision yesterday.
County Assessed Large Attorneys' Fees and Costs In RLUIPA Case
UPDATE: The text of the opinion awarding fees and costs is at Rocky Mt. Christian Church v. Bd. of County Comm'rs. of Boulder County, CO., 2010 U.S. Dist. LEXIS 8273 (D CO, Jan. 11, 2010).
DC Court Upholds Election Board's Rejection of Initiative To Define Marriage
Thursday, January 14, 2010
Pat Robertson's Remarks on Haiti Earthquake Draw Criticism
UPDATE: At Thursday's White House press briefing (full text), Press Secretary Robert Gibbs also commented on Robertson's remarks:
Q: ...What did you think of Pat Robertson's comments yesterday that the Haitians brought this on themselves by making a pact with the devil?
MR. GIBBS: It never ceases to amaze that in times of amazing human suffering somebody says something that could be so utterly stupid, but it like clockwork happens with some regularity....
9th Circuit Uphold's UC's Rejection of Certain Christian School Courses
In Malaysia, More Vandalism and Revelations of Broader Bans on Word Usage By Non-Muslim Papers
Malaysian Insider today and the New Straits Times yesterday say that in fact the ban on use of certain words by non-Muslim publications is broader than previously reported. Guidelines issued to the Herald in 2007 also barred it from using three other words: Kaabah (Islam's holiest shrine in Mecca), Solat (prayer) and Baitullah (House of God). Each state in Malaysia has enacted its own laws allowing certain words to be used only by Islamic publications. In the state of Pahang, Section 9 of the Control and Restriction of the Propagation of Non-Islamic Religions Enactment 1989 lists 25 words that cannot be used in writing or speeches to describe a religion other than Islam, as well as ten expressions with Islamic origins that may not be used by non-Muslims (except as a quotation or reference).
Supreme Court Blocks Broadcast of California Proposition 8 Trial
Technically the court granted a stay of the district court's order pending filing of petitions for a writ of certiorari and mandamus. The decision only related to the proposal to broadcast the trial live to a number of other courthouses around the country. It did not relate to the proposal to post recordings of the trial on YouTube at the end of each day. The 9th Circuit never approved that portion of the district court's poposal because the district court's technical staff encountered difficulties in preparing video that was suitable for online posting. Justice Breyer dissenting, joined by Justices Stevens, Ginsburg and Sotomayor said:The trial will involve various witnesses, including members of same-sex couples; academics, who apparently will discuss gender issues and gender equality, as well as family structures; and those who participated in the campaign leading to the adoption of Proposition 8. This Court has recognized that witness testimony may be chilled if broadcast.... Some of applicants' witnesses have already said that they will not testify if the trial is broadcast, and they have substantiated their concerns by citing incidents of past harassment....
The District Court attempted to change its rules at the eleventh hour to treat this case differently than other trials in the district. Not only did it ignore the federal statute that establishes the procedures by which its rules may be amended, its express purpose was to broadcast a high-profile trial that would include witness testimony about a contentious issue. If courts are to require that others follow regular procedures, courts must do so as well.
The majority’s action today is unusual. It grants a stay in order to consider a mandamus petition, with a view to intervening in a matter of local court administration that it would not (and should not) consider. It cites no precedent for doing so. It identifies no real harm, let alone “irreparable harm,” to justify its issuance of this stay.The New York Times reports on the decision. (See prior related posting.)
Texas Board of Education Holds Hearings On Social Studies Curriculum
Rhode Island Legislature Overrides Veto Of Limitations Extension for Civil Rights Claims
Wisconsin Board Rejects RLUIPA Argument In Zoning For Bible Camp
Canadian FLDS Leader Sues BC Government For Illegal Prosecution
Wednesday, January 13, 2010
Suit Seeks To Prevent Further Searches of Missouri Church [Corrected]
Bankruptcy Judge Orders Trial On Whether Parish Assets Are Shielded From Diocese Creditors
White House Faith-Based Task Force Debates Religious Symbols In Funded Programs
Trial Court Leaves Open Manslaughter Option In Trial of Tiller's Shooter
3rd Circuit Dismisses Challenge To Muslim Scientist's Security Clearance
El-Ganayni sued claiming the revocation was motivated by speeches he gave criticizing the FBI, US foreign policy and the war in Iraq, and that he was being discriminated against based on his religion and national origin. The court dismissed the claims concluding that El-Ganayni could prove retaliation or discrimination only by showing the government's primary motivation for revoking his clearance. This however would involve the courts in deciding on the merits of a security clearance revocation-- a matter over which courts lack jurisdiction. The court also concluded that DOE followed the applicable regulations and executive orders in revoking El-Ganayni's security clearance.
Rabbi Seeks Army Waiver of Beard Policy To Become Chaplain
New Statement of Current Law On Religious Expression In U.S
Tuesday, January 12, 2010
British Faith Schools Criticize Government's Admissions Guidelines
Pope Addresses Environment, Religion and State In Annual New Year Address
Sadly, in certain countries, mainly in the West, one increasingly encounters in political and cultural circles, as well in the media, scarce respect and at times hostility, if not scorn, directed towards religion and towards Christianity in particular. It is clear that if relativism is considered an essential element of democracy, one risks viewing secularity solely in the sense of excluding or, more precisely, denying the social importance of religion. But such an approach creates confrontation and division, disturbs peace, harms human ecology and, by rejecting in principle approaches other than its own, finishes in a dead end.
There is thus an urgent need to delineate a positive and open secularity which, grounded in the just autonomy of the temporal order and the spiritual order, can foster healthy cooperation and a spirit of shared responsibility. Here I think of Europe, which, now that the Lisbon Treaty has taken effect, has entered a new phase in its process of integration.... Noting ... the Treaty provides for the European Union to maintain an "open, transparent and regular" dialogue with the Churches (Art. 17), I express my hope that in building its future, Europe will always draw upon the wellsprings of its Christian identity.
German State Checks IDs of All Attending Mosques
Nevada Court Rejects Proposed Personhood Amendment
In Bristol v. Personhood Nevada, the court held that the language of the amendment is so vague that there is no way the average person can understand the effect of the petition. The court also concluded that the petition violates a state law that limits ballot issues to one subject. The Las Vegas Review-Journal and a release from the ACLU of Nevada report on the decision. The petition is part of a national campaign by a Christian anti-abortion organization, PersonhoodUSA, to find a way to overturn Roe v. Wade. Personhood Nevada says it will appeal yesterday's decision to the Nevada Supreme Court.
Cert. Denied In Establishment Clause Challenge To Sheriff's Christian Speaker
Monday, January 11, 2010
IRS Updates Procedures For Obtaining Non-Profit Determinations
Catholic Bishops Press Congress For Immigration Reform In 2010
White House Introduces Commerce Department Faith-Based Head
Utah County Will Balance Budget By Police Fee, Including On Churches
Recent Articles and Book of Interest
- Cornelia Koch, Classroom Crucifixes, Teacher Headscarves, Faith Healers and More - The German Experience of Religious Freedom Under a Bill of Rights, (U. of Adelaide Law Research, Aug. 13, 2009).
- Adam S. Hofri-Winogradow, The Muslim-Majority Character of Israeli Constitutional Law, (Middle East Law and Governance, Vol. 2, No. 2, February 2010).
- Peter Rizov, Definition of Religion: Honest Conviction, Regardless of Perception, in a Predominantly Non-Secular Subject Matter, (February 23, 2009).
- Caroline Mala Corbin, Ceremonial Deism and the Reasonable Religious Outsider, (UCLA Law Review, Vol. 57, Forthcoming).
- David C. Gray, Constitutional Faith and Dynamic Stability: Thoughts on Religion, Constitutions, and Transitions to Democracy, (Maryland Law Review, Vol. 69, p. 26, 2009).
- Debora Threedy, Claiming the Shields: Law, Anthropology, and the Role of Storytelling in a NAGPRA Repatriation Case Study, (Journal of Land, Resources & Environmental Law, Vol. 29, No. 1, p. 91, 2009).
- Samuel J. Levine, Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework, (Maryland Law Review, Vol. 69, No. 1, 2009).
- Micah Schwartzman, The Sincerity of Public Reason, (Journal of Political Philosophy, Forthcoming).
- Geoffrey P. Miller, Golden Calves, Stone Tablets and Fundamental Law, (NYU School of Law, Public Law Research Paper No. 10-02, Jan. 4, 2010).
New Book:
- Michael J. Perry, The Political Morality of Liberal Democracy, (Cambridge Univ. Press, Nov. 2009).
Sunday, January 10, 2010
Indian Buddhists Protest Hindu Control Over Temple
Recent Prisoner Free Exercise Cases
In Robinson v. Jacquez, 2009 U.S. Dist. LEXIS 121732 (ND CA, Dec. 8, 2009), a California federal district court held that a Jewish inmate's complaint properly states a cognizable claim against a prison's warden for acquiescing in the prison's policy of denying kosher diets and Jewish religious services.
In Goodvine v. Swiekatowski, (WD WI, Jan. 4, 2010), a Wisconsin federal district court held that an inmate could move ahead with his damage claim alleging that a prison chaplain refused to provide him with a Qur'an even though the chaplain provided Christian prisoners with Bibles.
In Kanda v. Walker, 2010 U.S. Dist. LEXIS 784 (ED CA, Jan. 6, 2010), a California federal magistrate judge recommended denying a preliminary injunction to a Hindu inmate who requested a religious diet containing no meat, and prepared with separate utensils and kitchenware.
In Kendrick v. Faust, 2009 U.S. Dist. LEXIS 122114 (ED AR, Dec. 16, 2009), an Arkansas federal magistrate judge that an inmate be permitted to proceed with her claim that prison authorities destroyed her Catholic Bible on multiple occasions. However the magistrate recommended dismissal of a claim that the inmate was told by correctional officers that she was in a "southern Baptist prison" and was not permitted to practice any other religion.
Pennsylvania Court Rejects Catholic Day Care's Challenge To Licensing Rules
Prop 8 Trial Begins Monday With Dispute Over Televising of Proceedings
UPDATE: Justice Kennedy referred the appeal on broadcasting of the trial to the full court. On Monday the Court stayed the trial court's order thereby temporarily banning streaming of the proceedings to other court houses as well as any wider broadcasting of the proceedings. The stay remains in effect only until Wednesday to giver the Court more time to examine the issue. Justice Breyer dissented urging further consideration of the issue without a stay being imposed. (Order in Dennis v. Kristin, Sup. Ct., Jan. 11, 2010.) (CBN reports on the Supreme Court's action.)
Saturday, January 09, 2010
Study Shows Faith-Based Initiative Increased Interest, But Not Social Services By Congregations
data from 1998 and 2006-07 show that neither the overall percent of congregations that report social services (82% in 2006), nor the percent with a staff person devoting at least quarter-time to social services (11%), nor the percent who received government funding (4%), have increased since 1998. Not even the level of collaboration (whether or not money is involved) between congregations and government or secular nonprofit organizations increased.....More data for the National Congregations Study is in the June 2009 Report titled: American Congregations at the Beginning of the 21st Century. ABP News also reports on Chaves' conclusions.
Despite this stability in congregational social service activity, ... congregational interest in social services increased since 1998. The number of congregations that would like to apply for government money to support social service programs increased from 39% in 1998 to 47% in 2006-07. The number of congregations who hosted a speaker from a social service organization increased from 22 to 31%. And the number who recently conducted a community needs assessment jumped from 37 to 48%. These are impressive increases, probably representing an increased level of congregational interest in social services generated by media attention to faith-based initiatives and by the mistaken belief by some congregational leaders that there would be government money specifically set aside to support congregations’ human service activities.
Many Issues of Religon and Human Rights Remain In Latest Kenya Draft Constitution
Suit Charges Company With Forcing Scientology On Employees
Pennsylvania Says Hasidic Jewish Summer Camp Does Not Qualify For Property Tax Exemption
Mesivtah did not present any evidence that the camp’s recreational and food facilities alleviate any local community burdens in Pike County.... In addition, although the food facilities are open to the public, the general public does not use the camp's facilities.
In Canada, Fired Minister of Historic Church No Longer In Contempt of Earlier Order
Friday, January 08, 2010
Literal Belief In Bible Becomes Issue In Alabama Gubernatorial Primary
Church's Appeal of Zoning Decision Is Only Partly Successful
Protests, Church Attacks Greet Malaysian Decision on Use of "Allah" By Catholic Paper
UPDATE: AP reports that on Sunday, two more churches were fire bombed and a third was splashed with black paint. Government leaders and many Muslims have condemned the attacks. In Egypt, Syria and Indonesia Christians commonly use the word "Allah" to describe God.
President Sends Greetings On Orthodox Christmas
New Jersey Senate Rejects Same-Sex Marriage Bill
Challenge To Military Prayers Dismissed For Failure To Exhaust Intramilitary Remedies
Obama Says Must Engage With Muslims To Prevent Lone-Wolf Radicalizations
And we know that the vast majority of Muslims reject al Qaeda. But it is clear that al Qaeda increasingly seeks to recruit individuals without known terrorist affiliations not just in the Middle East, but in Africa and other places, to do their bidding. That's why I've directed my national security team to develop a strategy that addresses the unique challenges posed by lone recruits. And that's why we must communicate clearly to Muslims around the world that al Qaeda offers nothing except a bankrupt vision of misery and death –- including the murder of fellow Muslims –- while the United States stands with those who seek justice and progress.
To advance that progress, we've sought new beginnings with Muslim communities around the world, one in which we engage on the basis of mutual interest and mutual respect, and work together to fulfill the aspirations that all people share -- to get an education, to work with dignity, to live in peace and security. That's what America believes in. That's the vision that is far more powerful than the hatred of these violent extremists.
Thursday, January 07, 2010
AALS 2009 Newsletter Has Lengthy Law and Religion Bibliography
Irsaeli Court Overturns City's Freeze On Synagogue Construction
New Report Ranks 50 Worst Countries For Persecuting Christians
Indian Court Upholds Ban On Book Critical of Islam
The possibility of [the book] falling in the hands of an inflammable mob cannot be ruled out. The way this sensitive topic is handled by the author, it is likely to arouse the emotions or sensibilities of even strong minded people. We have held that criticism of Islam is permissible like criticism of any other religion and the book cannot be banned on that ground. But we have also held that the criticism of Islam is not academic. The author has gone on to pass insulting comments on Islam, Muslim community with particular reference to Indian Muslims. It is an aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims.Reports today by DNA and Express News Service have additional details on the opinion.
CAIR Says New TSA Security Policies Target American Muslims
will disproportionately target American Muslims who have family or spiritual ties to the Islamic world and therefore amount to religious and ethnic profiling.... Under these new guidelines, almost every American Muslim who travels to see family or friends or goes on pilgrimage to Mecca will automatically be singled out for special security checks -- that’s profiling.... While singling out travelers based on religion and national origin may make some people feel safer, it only serves to alienate and stigmatize Muslims and does nothing to improve airline security.CAIR said that a policy is needed that looks at behavior, not faith or skin color. Yesterday's Detroit News carried a column by CAIR's Michigan Executive Director, Dawud Walid, making the point at greater length.
Proposed Russian Law Would Return State-Owned Religious Property To Orthodox Church
Wednesday, January 06, 2010
Challenge To Jail Holiday Music Dismissed
In Curley v. Arpaio, 2010 U.S. Dist. LEXIS 199 (D AZ, Jan. 4, 2010), the court rejected an Establishment Clause challenge concluding that "Defendant presents a neutral, secular purpose for playing holiday music--to reduce inmate tension at a difficult time of year for inmates, and to promote safety in the jails.... [T]here were no religious activities or prayer, and the secular music diluted any religious effect." The federal court declined jurisdiction over plaintiff's other claim that the music violated the provision in the Arizona Constitution (Art. II, Sec. 12) barring the expenditure of any public funds for religious exercise.
9th Circuit: Asylum Application By Muslim Convert To Christianity Was Timely
Religious Parties Likely Banned In Bangladesh
Indian Court Delays Start of Shariah-Compliant Investment Company
Uzbek Court Rejcts Fines But Upholds Convictions of 3 Baptist Officials
ACLU Enters Agreement With School Board Barring Bible Distribution
Suit Challenges Oregon Law On Mandatory Workplace Meetings, But Not Religious Speech Provision
In Florida, Quaker High School Teacher Sues Claiming Discrimination
Tuesday, January 05, 2010
Court Says Minister's Breach of Contract Claim Might Be Able To Proceed
Businessman Creates Protest To Swiss Ban on Minarets
Report Details Crimes Against U.S. Christian Churches In 2009
Orthodox Church In Russia Poised For More Political Involvement
Attorney Hit With Rule 11 Sanctions For Campaign To Recuse Catholic Judge
Two years ago, in Sabatier and Bettis, Mr. Spolter claimed that I was a Catholic zealot bent on ruling against women who returned to work after giving birth. He extrapolated as much from the facts that I am Catholic, some of the law clerks I have hired attended Catholic law schools, and I have affiliations with the Federalist Society. Based on these facts, he moved for my recusal from both cases.A 2007 ABA Journal article explained that the charges grew out of Judge Zloch's ties to Ave Maria Law School and his hiring three law clerks from the school. However they escalated into charges that the Clerk's Office was engaged in a conspiracy to undercut the random assignment of cases to different judges. Judge Zloch concluded in his opinion:
In these collected cases there is no question that Mr. Spolter acted in bad faith, both objective and subjective, when he filed his Motions To Recuse. He filed these Motions knowing they had no basis in fact or law and he continued to defend them in the face of overwhelming evidence of their baselessness.... He did this for an improper purpose: to defame and cast a cloud over the Federal judiciary in relentless pursuit of recusal.
The court imposed $99,140 of defendants' attorneys fees and on Spotler, and fined Spotler an additional $10,000. In addition he suspended Spotler from practice before the federal court for 42 months and referred Spotler to the Florida bar. The ABA Journal yesterday reported on the decision.
South African President Takes 3rd Wife In Zulu Ceremony
Recent Articles and Book of Interest
- Steven F. Friedell, Some Observations About Jewish Law in Israel's Supreme Court, 8 Washington University Global Studies Law Review 659-700 (2009).
- Jose Gabilondo, Institutional Pluralism from the Standpoint of Its Victims: Calling the Question on Indiscriminate (In)tolerance [Abstract], 21 Law & Literature 387-401 (2009).
- Michael P. Moreland, Universalism and Particularism in Bioethics: Lessons from Theological Ethics [Abstract], 21 Law & Literature 415-430 (2009).
- Johannes Reich, Switzerland: Freedom of Creed and Conscience, Immigration, and Public Schools in the Postsecular State--Compulsory Coeducational Swimming Instruction Revisited, 7 I.Con: International Journal of Constitutional Law 754-767 (2009).
- Nicholas Wolterstorff, Donald A. Giannella Memorial Lecture: Can Human Rights Survive Secularization?, 54 Villanova Law Review 411-420 (2009).
- Constitutional Law Symposium: Global Perspectives on Religion, the State, and Constitutionalism. Articles by Abdullahi Ahmed An-Na'im, Thomas F. Farr, Frank S. Ravitch, Richard W. Garnett, Laura Dudley Jenkins and T. Jeremy Gunn. 57 Drake Law Review 829-984 (2009).
- The Federalist Society Religious Freedom Panel. Religious Liberties: The International Religious Freedom Act. William L. Saunders, moderator; Thomas F. Farr, Richard W. Garnett, IV and T. Jeremy Gunn, panelists. 31 Houston Journal of International Law 469-514 (2009).
The Journal of Church & State, Vol 51, No. 2, Spring 2009 has recently been issued.
Recent Book:
- Jytte Klausen, The Cartoons that Shook the World, (Yale Univ. Press., Sept. 2009).
Monday, January 04, 2010
Virgina Muslim Prison Chaplains Want More State Support
Report Says Egypt Court Upholds Ban of Niqab In University Exam Rooms
A Survey of Law & Religion Casebooks For Law Schools
As the new semester is about to begin, here is a listing of casebooks and teaching materials on law and religion designed for law schools and law students available from major law book publishers (listed alphabetically by author):
- Ariens & Destro, Religious Liberty in a Pluralistic Society, 2d ed., (Carolina Academic Press, 2002).
- Belsky & Bessler-Northcutt, Law and Theology, (Carolina Academic Press, 2005).
- Berg's The State and Religion in a Nutshell, 2d (West Pub., 2004).
- Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials (West Pub., 2008).
- Gey, Fonvielle & Hinkle, Religion and the State, 2d ed, (Matthew Bender, 2006).
- Griffin's Law and Religion, Cases and Materials (Foundation Press, 2006) with 2009 Supplement.
- Loewy's Religion and the Constitution: Cases and Materials (West Pub., 1998) with 2002 Supplement.
- McConnell, Harvey & Berg, Religion and the Constitution, 2d ed., (Aspen Publishers, 2006).
- Noonan and Gaffney's Religious Freedom: History, Cases and Other Materials on the Interaction of Religion and Government, 2d ed. (Foundation Press, 2010) (available 4/2010, earlier edition currently available).
- Ravitch's Law and Religion, A Reader: Concepts, Cases and Theory, 2d ed. (West Pub., 2004).
- Volokh's The Religion Clauses and Related Statutes: Problems, Cases and Policy Arguments (Foundation Press, 2005).
- UPDATE: Conkle's Constitutional Law - The Religion Clauses, 2d edition (Turning Point Series), (Foundation Press 2009).
Sunday, January 03, 2010
Proposed Monument To Secular Government Raises Opposition
British Clergy Want Health & Safety Law Protection
Hamas Hands Out Islamic Robes To Young Women In Gaza
Recent Prisoner Free Exercise Cases
In Riva v. Secretary of Public Safety, 2009 Mass. App. Unpub. LEXIS 1348 (App. Ct. MA, Dec. 24, 2009), a Massachusetts state appeals court, without reaching the merits, dismissed a claim by a Muslim prisoner who wanted removal of a Nation of Islam chaplain who had been appointed on an interim basis to lead services for Orthodox Muslims. He sought to have a traditional Muslim chaplain appointed, or Muslim inmates lead Friday Jumu'ah services. The court held the wrong parties had been named and that sovereign immunity existed as to a RLUIPA damage claim.
In Howard v. Epps, 2009 U.S. Dist. LEXIS 120182 (SD MS, Dec. 23, 2009), a Mississippi federal district court adopted recommendations of a federal magistrate judge (2009 U.S. Dist. LEXIS 120204, Oct. 30, 2009) and dismissed a complaint by a Rastafarian prisoner that he was not permitted to grow his hair in dreadlocks in accordance with his religious beliefs.
Saturday, January 02, 2010
Atheist Group Challenges Ireland's New Blasphemy Law
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.