Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, January 24, 2010
Recent Prisoner Free Exercise Cases
In Edwards v. Bruno, 2009 Conn. Super. LEXIS 3305 (CT Super., Nov. 9, 2010), a Connecticut trial court rejected claims of a Jewish prisoner that he was not given a reasonable opportunity to pursue his faith at Passover. He was given 7 pounds of matzoh, seder food prepared by an ordained rabbi, and a one-on-one seder conducted by the Protestant chaplain (who was also a Messianic rabbi).
In Rubio v. Diaz, 2010 U.S. Dist. LEXIS 3776 (WD TX, Jan. 15, 2010), a Texas federal magistrate judge dismissed free exercise and RLUIPA claims by an inmate who complained that his writing material, including his Bible and his Bible study correspondence, were confiscated pursuant to a subpoena generated by an investigation by the Texas Rangers. He claimed his personal Bible had the names and addresses of his family members in it, and he needed it to communicate with them. He says it also had sentimental value to him.
In Canada v. Ray, 2010 U.S. Dist. LEXIS 4115 (WD VA. Jan. 19, 2010), a Virginia federal magistrate judge recommended that a Muslim inmate be permitted to move forward with his claim that his free exercise rights and his rights under RLUIPA were violated when he was required to either face discipline or take a tuberculosis skin test which he claimed contained alcohol or pork products, both forbidden by Muslim law.
In Reynolds v. Newcomer, 2009 U.S. Dist. LEXIS 123469 (WD LA, Dec. 21, 2009), and in Carr v. Newcomer, 2009 U.S. Dist. LEXIS 123559 (WD LA, Dec. 21, 2009), a Louisiana federal magistrate judge concluded that inmates' religious exercise was not substantially burdened, and recommended that the claims in two similar cases be dismissed as frivolous. Plaintiff claimed they have been denied the right to receive religious material such as Bibles, books, and magazines; and that the warden allows Pentecostalists and other Christian "sects" to proselytize inmates in the dormitory's common day room. One of the plaintiffs also claimed that shortly after his arrival at the prison, his religious pendant -- a gift from his grandfather -- was confiscated and that he was denied a Bible shipped to him because it was improperly packaged.
In Windham v. Pierce, 2010 U.S. Dist. LEXIS 4518 (SD TX, Jan. 21, 2010), a Native American inmate challenged the requirement he take a test before being transferred to a Native American designated prison. When he was transferred without taking the test, he objected that there is no volunteer to lead services and the circle is inactive. His first claim was dismissed as moot, and his second was dismissed without prejudice because it should be brought in a different venue.
In Jihad v. Fabian, 2010 U.S. Dist. LEXIS 4749 (D MN, Jan. 21, 2010), a federal district court approved a magistrate's recommendations (2009 U.S. Dist. LEXIS 123652, Dec. 23, 2009) and refused to grant a temporary restraining order or preliminary injunction in response to plaintiff's complaints regarding impediments to his practice of Islam. Plaintiff, claiming a violation of his free exercise rights and of RLUIPA, alleged that authorities failed to provide a Muslim chaplain and enough Islamic services; prohibited religious meetings without a volunteer present; failed to provide Halal meals and a location where he can perform five daily salat (prayers); and prohibited him from wearing a Kufi (prayer cap) or an Islamic medallion outside of his clothing.
Saturday, January 23, 2010
Mother Who Starved Children, Relying on God, Convicted of Endangerment
Philippines Makes Eid'l Adha a National Holiday
Tribal Government Funds Rebuilding of Catholic Church On Reservation
Pope Keeps Cardinal Bertone On As Secretary of State
California Proposes Halal and Expanded Vegetarian Diets For Prisons
Friday, January 22, 2010
Passenger's Tefillin Leads To Security Scare and Emergency Landing
Group Urges Action To Appoint International Religious Freedom Ambassador
Also yesterday, the U.S. Commission on International Religious Freedom released a letter it sent earlier this month to President Obama urging him to designate Vietnam a "Country of Particular Concern" under the IRFA. It also asked him to press Congress to pass the proposed Vietnam Human Rights Act (S. 1159/ H.R. 1969). USCIRF had already recommended adding Vietnam to the list in its 2009 Annual Report issued last May. (See prior posting.)
Bible References On Rifle Sights Will End
Alaska Appellate Court Says Religious Belief in Marijuana Was Not Sincere
Court Holds Church Can Tear Down Historic Rectory
Suit Challenges Regulation of Spiritual Counsellors As Fortune Tellers
Diocese Challenges Designation of Church As Historic District
Egypt's High Administrative Court Overturns Ban On Niqab In University Exams
Freedom to wear the niqab is guaranteed by human rights and constitutional liberties, and a girl's right to dress the way she sees fit in accordance with her beliefs and her social environment is a firm right that cannot be violated.The court added, however, that a student must show her face when asked to do so for security reasons. The decision reverses one handed down by a Cairo court earlier this month. (See prior posting.)
Thursday, January 21, 2010
Supreme Court Decision Impacts Those Seeking Asylum Because of Religious Persecution
Court Rejects Claim of Religious Exemption From Income Taxes
Rifqa Bary Remains In Foster Care, Agrees to Counseling
Japan's Supreme Court Says City's Gift of Site For Shrine Is Unconstitutional
Hundreds Killed In Muslim-Christian Violence In Nigeria
Visa Bans for Two Muslim Scholars Lifted
Wednesday, January 20, 2010
Free Exercise Claim Growing Out of Auto Search Dismissed
Vatican Issues Guidelines For Scheduled Mideast Synod
18. Political conflicts in the region have a direct influence on the lives of Christians, both as citizens and as Christians. The Israeli occupation of the Palestinian Territories makes daily life difficult with regard to freedom of movement, the economy and religious life (access to the Holy Places is dependent on military permission which is granted to some and denied to others on security grounds). Moreover, certain Christian fundamentalist theologies use Sacred Scripture to justify Israel's occupation of Palestine, making the position of Christian Arabs even more sensitive.
19. In Iraq, the war has unleashed evil forces within the country, religious confessions and political movements, making all Iraqis victims. However, because Christians represent the smallest and weakest part of Iraqi communities, they are among the principal victims, with world politics taking no notice.
20. In Lebanon, Christians are deeply divided at a political and confessional level, without a commonly acceptable plan of action. In Egypt, the rise of political Islam, on the one hand, and the disengagement of Christians from civil society on the other, lead to intolerance, inequality and injustice in their lives. Moreover, this Islamisation also penetrates families through the media and school.... In many countries, authoritarianism or dictatorships force the population - Christians included - to bear everything in silence....22. In the Middle East, freedom of religion customarily means freedom of worship and not freedom of conscience, i.e., the freedom to change one's religion for belief in another. Generally speaking, religion in the Middle East is a social and even a national choice, and not an individual one. To change religion is perceived as betraying a society, culture and nation, founded largely on a religious tradition.
23. Conversion is seen as the fruit of a proselytism with personal interests attached and not arising from authentic religious conviction. Oftentimes, the conversion of Jews and Muslims is forbidden by State laws. Christians, though also subjected to pressure and opposition from families and tribes - even if less severely - remain free to change their religion. Many times, the conversion of Christians results not from religious conviction but personal interests or under pressure from Muslim proselytism, particularly to be relieved from obligations related to family difficulties.
British Equality Commission Opens Consultation on Equality Guides
British Proposal Would Permit Religious Same-Sex Commitment Ceremonies
UPDATE: The House of Lords passed the amendment by a vote of 95-21 on March 2. London Times.
Cert. Denied In Kindergarten Bible Reading Ban
Tuesday, January 19, 2010
NY Prison Chaplain Administrator Charges Discrimination
Recent Articles of Interest
- Robert C. Blitt, Should New Bills of Rights Address Emerging International Human Rights Norms? The Challenge of 'Defamation of Religion', (January 18, 2010).
- Bruce Garen Peabody, Analogize This: Partial Constitutional Text, Religion, and Maintaining Our Political Order, (Cardozo Law Review, Forthcoming).
- Steven Paul Goldberg, Neuroscience and the Free Exercise of Religion, (Law and Neuroscience: Current Legal Issues, M. Freeman, ed., Oxford University Press, 2010).
- Michael W. Schwartz, Wahhabism and the First Amendment , (Commentary, 2010).
- The January 2010 Issue of Church & State (from Americans United) has recently appeared.
Military Contractor Secretly Placing Biblical References On Rifle Sights
Tom Munson, Trijicon's director of sales and marketing said there is nothing wrong with the inscriptions and that the issue was raised by a group that is "not Christian." Apparently the practice was called to the military' attention by the Military Religious Freedom Foundation. MMRF's founder, Mikey Weinstein, says members of his group that currently serve in the military have complained about the inscriptions, saying that commanders have referred to the weapons with these sights as "spiritually transformed firearm[s] of Jesus Christ." Interfaith Alliance issued a statement calling on the Defense Department to conduct an immediate investigation and to take appropriate action if Trijicon broke any laws.
India's Supreme Court Refuses To Order Constitution Amended To Clarify Status of Sikhs
Ohio High Schoolers Fight Removal of God From School Mission Statement
Lawsuit Asks Court To Uphold Removal of Church Directors
Monday, January 18, 2010
Obama Speaks At D.C. Church About Dr. King's Legacy
Even as Dr. King stood in this church, a victory in the past and uncertainty in the future, he trusted God. He trusted that God would make a way. A way for prayers to be answered. A way for our union to be perfected. A way for the arc of the moral universe, no matter how long, to slowly bend towards truth and bend towards freedom, to bend towards justice. He had faith that God would make a way out of no way....
There are times when it feels like all these efforts are for naught, and change is so painfully slow in coming, and I have to confront my own doubts. But let me tell you -- during those times it's faith that keeps me calm. ... It's faith that gives me peace. The same faith that leads a single mother to work two jobs to put a roof over her head when she has doubts. The same faith that keeps an unemployed father to keep on submitting job applications even after he's been rejected a hundred times. The same faith that says to a teacher even if the first nine children she's teaching she can't reach, that that 10th one she's going to be able to reach. The same faith that breaks the silence of an earthquake's wake with the sound of prayers and hymns sung by a Haitian community. A faith in things not seen, in better days ahead, in Him who holds the future in the hollow of His hand. A faith that lets us mount up on wings like eagles; lets us run and not be weary; lets us walk and not faint.
So let us hold fast to that faith, as Joshua held fast to the faith of his fathers, and together, we shall overcome the challenges of a new age.... Together, we shall seize the promise of this moment. Together, we shall make a way through winter, and we're going to welcome the spring. Through God all things are possible.
NY Appeals Court Says Breakaway Church Property Belongs to Prebyterian Church USA
the Book Of Order, a component of the constitution of PCUSA, contains language specifying that all property held by a particular church is held in trust for the national denomination. The neutral principles approach requires the courts to "look to the constitution of the general church concerning the ownership and control of church property" .... [D]efendants, in opposition to the plaintiffs' motion, failed to demonstrate that PCUSA is not hierarchical, or that cases involving hierarchical religious organizations do not apply here.[Thanks to Joseph Landau for the lead.]
Pope's Visit To Rome Synagogue Focuses Debate On Pius XII's Actions In WW II
In Italy and other parts of Europe, many religious people risked their lives to save thousands of Jews from certain death, without asking anything in return. This is why the silence of Pius XII before the Shoah still hurts because something should have been done. Maybe it would not have stopped the death trains, but it would have sent a signal, a word of extreme comfort, of human solidarity towards those brothers of ours transported to the ovens of Auschwitz.In his address at the Rome Synagogue yesterday (full text) the Pope set out the Vatican's view of its record:
The extermination of the people of the Covenant of Moses, at first announced, then systematically programmed and put into practice in Europe under the Nazi regime, on that day tragically reached as far as Rome. Unfortunately, many remained indifferent, but many, including Italian Catholics, sustained by their faith and by Christian teaching, reacted with courage, often at risk of their lives, opening their arms to assist the Jewish fugitives who were being hunted down, and earning perennial gratitude. The Apostolic See itself provided assistance, often in a hidden and discreet way.Last December, Pope Benedict issued a decree moving Pius XII closer to beatification, a move that sparked anger among some Jewish groups. (AP, 12/23/2009). Israel on Sunday asked Pope Benedict to open the Vatican archives to researchers to clarify Pope Pius XII's actions. (Reuters).
Sunday, January 17, 2010
RLDS Church Wins Trademark Infringement Claims
Pope Seeks Civil Recognition of Catholic Church In Turkey
Recent Prisoner Free Exercise Cases
In Blackwell v. Madison Parish Correctional Center, 2010 U.S. Dist. LEXIS 2515 (Jan. 13, 2009), a federal district court accepted a magistrate's recommendations (2009 U.S. Dist. LEXIS 123042, Dec. 4, 2009) and dismissed as frivolous free exercise and RLUIPA charges by an inmate who complained that the correctional facility did not offer Jehovah's Witness religious services.
Saturday, January 16, 2010
DoD Report on Ft. Hood Shooting Includes Recommendations on Religion In Military
Finding 2.3: DoD standards for denying requests for recognition as an ecclesiastical endorser of chaplains may be inadequate.... This limited authority to deny requests for designation as ecclesiastical endorsers could allow undue improper influence by individuals with a propensity toward violence.....Today's Wall Street Journal discusses the report.
Finding 2.7: DoD policy regarding religious accommodation lacks the clarity necessary to help commanders distinguish appropriate religious practices from those that might indicate a potential for self-radicalization....
Finding 4.9: The lack of published guidance for religious support in mass casualty incidents hampers integration of religious support to installation emergency management plans.
President Proclaims Today "Religious Freedom Day"
The Virginia Statute was more than a law. It was a statement of principle, declaring freedom of religion as the natural right of all humanity -- not a privilege for any government to give or take away. Penned by Thomas Jefferson and championed in the Virginia legislature by James Madison, it barred compulsory support of any church and ensured the freedom of all people to profess their faith openly, without fear of persecution. Five years later, the First Amendment of our Bill of Rights followed the Virginia Statute's model, stating, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .".
Supreme Court Will Review Release of Names of Referendum Petition Signers
Friday, January 15, 2010
6th Circuit Upholds Courthouse Display Including 10 Commandments
Judge Moore, dissenting, said: "The County's asserted purpose here—that the Display was posted for educational or historical reasons—is a sham and should be rejected." She also concluded that the display sent an unmistakable message of endorsing religion.
Liberty Counsel, (which represented Grayson County) urged in its press release on the decision: "Pray that the Lord continues to bless Liberty Counsel as we continue to battle the ACLU in other cases." The Lexington Herald-Leader, reporting on the decision, said that plaintiffs in the case are reviewing the decision to decide whether to file an appeal.
UPDATE: The Cincinnati Enquirer reports that on Jan. 18, just days after the decision, the Ten Commandments were reposted on the Grayson County Courthouse walls. Rev. Charles Shartzer and 200 others joined county officials for the ceremony, at which Shartzer said: "We have Christian leadership. We have leadership that is not ashamed to stand up for God, not ashamed to have this display in our courthouse."
Scientology Sues Atlanta Suburb Over Zoning Denial
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.