Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, April 15, 2010
Milwaukee Reviewing Good Friday Closures
Virginia High Court Hears Oral Arguments In Episcopal Church Split
Wednesday, April 14, 2010
Court Rejects Establishment Clause Challenge To Housing Financing
Student Paper Publishes Controversial Interview With Mike Huckabee
New Source For Vatican Press Releases
ABC Talks With Russian President About Religious Faith
Medvedev is his own man in another significant way. Unlike many of his predecessors, this Russian leader has publicly declared his faith. He was baptized a Russian Orthodox Christian when he was 23 years old.
Asked why he embraced religion when he was raised in a secular nation, Medvedev replied that he "needed it." "Why do people go to church?" he said. "They come because they feel a need, except if they're sightseeing. So at 23 I felt I needed it. I believe it's good for me, because afterwards my life changed.
"You don't really talk aloud about something like that because the religious feelings should be somewhere deep inside of you. If someone is displaying it, it's not really honest. It's more PR for yourself. But I believe religion is important for every person."
Dissolution Decree Lets Father Take Daughter To Church During Visitation Times
In a 30-page dissolution judgment (full text), Cook County Circuit Court Judge Rene Goldfarb, focusing on the best interests of Ela, ruled that Rebecca would be given custody, but that Joseph will have visitation rights (including Christmas and Easter each year), and can take Ela to church during those times. In its opinion, the court said that Rebecca feared possible future confusion and harm if Ela was taken to church by her father. While the judge was highly critical of some of Joseph's behavior, she said no evidence was presented that taking the 3-year old to church is or would be harmful to her.
Tuesday, April 13, 2010
Obama's Statement Marking Yom Hashoah Is Released
On my visit to Buchenwald last year – and during my visit to Yad Vashem in 2008 – I bore witness to the horrors of anti-Semitism and the capacity for evil represented by the Nazis’ campaign to annihilate the Jewish people and so many others. But even at places like Buchenwald, the dignity and courage of those who endured the horrors of the Holocaust remind us of humanity’s capacity for decency and compassion.Meanwhile, CNN reports on a Tel Aviv University study released Sunday which shows that anti-Semitic incidents around the world more than doubled from 2008 to 2009. Part of the increase is attributed to Israel's operations in Gaza beginning in late 2008.
The memories of the victims serve as a constant reminder to honor their legacy by renewing our commitment to prevent genocide, and to confront anti-Semitism and prejudice in all of its forms. We must never tolerate the hateful stereotypes and prejudice against the Jewish people that tragically continues to this day.
3rd Circuit: No Qualified Immunity In Suit Challenging Refusal To Issue "Choose Life" Plates
Campaign In Britain For Arrest of Pope Benedict
Evangelicals Urge Christian Approach To Nuclear Reduction
In order to safeguard life, liberty, community, and security for its own citizens and for the world, the United States must demonstrate moral leadership in protecting the human rights of the most vulnerable, strengthening the rule of law in the international community, and seeking diplomatic negotiations with allies and enemies alike..... We urge churches to teach members ethics for discernment, including just peacemaking practices based on the teachings of Jesus.... We encourage church groups to consider engaging in interfaith dialogue and witness, and in building international partnership with fellow Christians around the world. We call for governmental action to oppose the rise in global terrorism by working for international justice and peacemaking. We call for verifiable international reduction of nuclear weapons and other weapons of mass destruction. We affirm that overcoming the threat of global poverty, global warming, global terrorism, regional insecurity, and nuclear war requires international cooperation. We call for obedience to the Lordship of Christ in all that we do, including talking with an adversary and seeking to make peace.UPDATE: Another Christian organization with significant evangelical support that is pressing for the abolition of nuclear weapons is the Two Futures Project, organized in 2009. (Faith in Public Life, April 2009). [Thanks to Kristin Williams for the lead.]
Vatican Posts New Guidelines On Clerical Sexual Abuse Investigations
A Reuters report published in the New York Times says: "Although the rules are not new, their publication in a short, simple format reflects the Roman Catholic Church's determination to deflect criticism that its response to the sex abuse scandal has been bureaucratic, secretive and defensive."The local diocese investigates every allegation of sexual abuse of a minor by a cleric.
If the allegation has a semblance of truth the case is referred to the CDF [Congregation for the Doctrine of the Faith]. The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.
Civil law concerning reporting of crimes to the appropriate authorities should always be followed.During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims....
Monday, April 12, 2010
Connecticut Bishops Oppose Ending Statute of Limitations On Child Sex Abuse Claims
Over the past several years in states that have even temporarily eliminated the statutes, it has caused the bankruptcy of at least seven dioceses. House Bill 5473 would make Connecticut the only State without a statute of limitations. This bill would put all Church institutions, including your parish, at risk....The Diocese of Bridgeport has also posted A Call for Action and a FAQ about the bill.
It is important to understand that the claims which could be made under House Bill 5473 might be 50, 60, 70 years old or older. Most often, these claims would be driven by a small number of trial lawyers hoping to profit from these cases. They would be difficult to defend because key individuals are deceased, memories have faded, and documents and other evidence have been lost.
Bangladesh High Court Says Women Employed In Education Cannot Be Forced To Wear Veil
Additional Recent Prisoner Free Exercise Cases
In Holley v. California Department of Corrections, (9th Cir., April 5, 2010), the 9th Circuit held that California had not waived sovereign immunity in a damage suit by an inmate who claimed that prison regulations requiring him to wear short hair placed a substantial burden on his exercise of religion.
In Henderson v. Langenbrunner, 2010 U.S. Dist. LEXIS 32558 (MD FL, April 2, 2010), a Florida federal district court rejected a Muslim inmate's complaint over a 35 minute delay in delivering his bagged meal for Ramadan.
In Perez v. New York State Department of Correctional Services, 2010 U.S. Dist. LEXIS 32500 (ND NY, March 16, 2010), a New York federal magistrate judge rejected an inmate's claim that a strip frisk after a Catholic Family Day event deterred him from attending other Catholic religious services.
In Smith v. Graziano, 2010 U.S. Dist. LEXIS 33878 (ND NY, April 6, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 33811, March 16, 2010), and held that an inmate's free exercise rights and his rights under RLUIPA were not infringed when Protestant religious services were not held on two Sundays.
In Robinson v. Roper, 2010 U.S. Dist. LEXIS 34286 (CD CA, April 7, 2010), a California federal district court adopted a magistrate's findings (2010 U.S. Dist. LEXIS 34281, Feb. 16, 2010), and found no violations of plaintiff's free exercise rights or rights under RLUIPA. Plaintiff, who was confined under the state's violent sexual predator law, complained that during a search of his room, his Bible, Koran and prayer rug were placed on the floor.
In Hazle v. Crofoot, 2010 U.S. Dist. LEXIS 34108 (ED CA, April 6, 2010), a California federal district court held that parole and correctional officers were liable for violating an Atheist inmate's Establishment Clause rights by requiring him, as a condition of parole, to attend a religion-based 12-step program.
In Myles v. Wallace, 2010 U.S. Dist. LEXIS 34684 (ND WV, April 8, 2010), a West Virginia federal district court adopted a magistrate's recommendations (2008 U.S. Dist. LEXIS 112631, Nov. 7, 2008) and held that no substantial burden was placed on an inmate's free exercise when two orders of religious materials he placed and paid for were by mistake placed in the chapel library instead of being delivered to him.
RLUIPA Suit Challenges Denial of Rezoning For Islamic Learning Center
Recent Articles of Interest
From SSRN:
- Thomas Charles Berg, What Same-Sex Marriage and Religious Liberty Claims Have in Common, (Northwestern Journal of Law and Social Policy, Forthcoming).
- Julie A. Oseid, The Power of Metaphor: Thomas Jefferson’s 'Wall of Separation between Church & State', (U of St. Thomas Legal Studies Research Paper No. 10-14, 2010).
- Thomas Charles Berg, Religious Displays and the Voluntary Approach to Church and State, (Oklahoma Law Review, Forthcoming).
- T. John O'Dowd, Pilate’s Paramount Duty: Constitutional 'Reasonableness' and the Restriction of Freedom of Speech and Assembly, (Comparative Constitutionalism In South Asia, Khilnani, Sunil, Raghavan, Vikram and Thiruvengadam, Arun, eds., Oxford Univ Press India, 2010).
- Richard W. Garnett, Religious Liberty, Church Autonomy, and the Structure of Freedom, (Christianity and Human Rights : An Introduction, John Witte, Jr. and Frank S. Alexander eds., pp. 226-238, Cambridge University Press, 2010).
- Nathan B. Oman, Bargaining in the Shadow of God’s Law: Islamic 'Mahr' Contracts and the Perils of Legal Specialization , (Wake Forest Law Review, Forthcoming).
- Yossi Nehushtan, Female Segregation for Religious Justifications: The Unfortunate Israeli Case, (Droit et Religions, Vol. 4, pp. 441-459, 2009-2010).
- Arnold H. Loewy, Intelligently Designing a Course in Intelligent Design, (February 22, 2010).
- John A. Humbach, Free Will Ideology: Experiments, Evolution and Virtue Ethics, (March 25, 2010).
From SmartCILP and elsewhere:
- Molly Greene, Goodbye to the Despot: Feldman on Islamic law in the Ottoman Empire, (Reviewing Noah Feldman, The Fall and Rise of the Islamic State), 35 Law & Social Inquiry 219-242 (2010).
- Journal of Law and Religion, Vol. XXV, No. 1 (2009-10) has recently appeared.
- Journal of Church & State, Vol. 51, No. 4 (Autumn 2009) has recently appeared.
Sunday, April 11, 2010
British Religious Leaders Want Special Judicial Panel To Hear Religious Rights Cases
Dutch Supreme Court Tells Christian Political Party To Give Women Leadership Roles
Minister-Social Worker's Claim Under Title VII Survives Motion To Dismiss
The Court finds that Metropolitan's argument that its conduct was appropriate because it prohibited Bible-based study at a state facility misses the point. Moore alleges that Metropolitan said she could not mention God at work.... If Moore's allegation is true-and the Court must assume that it is at this stage of the proceedings -a reasonable inference to draw is that Metropolitan prohibited Moore from mentioning God even when she was not speaking with Metropolitan clients. Such an unconditional prohibition could run afoul of Metropolitan's duty to reasonably accommodate Moore's religious beliefs. Moore's direct religious discrimination claim therefore survives Metropolitan's motion to dismiss.
Recent Prisoner Free Exercise Cases
In Nasious v. Grayson, 2010 U.S. Dist. LEXIS 30409 (D CO, March 29, 2010), a Colorado federal district court agreed with a federal magistrate (2010 U.S. Dist. LEXIS 30498, Feb. 17, 2010), that the policy of a detention facility to issue a single eating utensil, a spoon, to each inmate for the inmate to keep did not substantially burden plaintiff's religious exercise. Plaintiff claimed that his Jewish faith required that his kosher meals be eaten with disposable eating utensils.
In Goodson v. Maggi, 2010 U.S. Dist. LEXIS 30058 (WD PA, March 1, 2010), in an opinion largely focusing on other issues, a federal magistrate judge held that plaintiff, an inmate, had failed to allege how his inability to access a spiritual advisor and attend church services created a substantial burden or substantially impacted his ability to exercise a central tenet of his religion. However he was given an opportunity to amend his complaint.
In Blumenthal v. Armstrong, 2010 U.S. Dist. LEXIS 30050 (WD MI, March 29, 2010), a Michigan federal district court adopted recommendations of a magistrate (2010 U.S. Dist LEXIS 20174, Feb. 10, 2010), and upheld a prison's decision to remove an inmate from receiving a kosher diet based on his lack of adherence to Jewish religious practices and his purchasing of non-kosher items from the prison's store.
In Massenburg v. Adams, 2010 U.S. Dist. LEXIS 31226 (ED VA, March 31, 2010), a Virginia federal magistrate judge denied both defendants' motion to dismiss and plaintiff's motion for summary judgment in a damage action in which plaintiff, a member of the House of Israel, complained that he was given a job assignment that required him to work on his Sabbath.
In Pouncil v. Tilton, 2010 U.S. Dist. LEXIS 31094 (ED CA, March 31, 2010), a California federal district court held that a Muslim prisoner serving a life sentence properly stated a claim under RLUIPA in his challenge to a rule that prohibited him, in violation of his Muslim faith, from having conjugal visits with his wife.
In Barendt v. Gibbons, 2010 U.S. Dist. LEXIS 31004 (D NV, March 30, 2010), a Nevada federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 31011, Feb. 11, 2010), holding that plaintiff failed to demonstrate a substantial burden on his free exercise of religion under RLUIPA. Plaintiff who is Jewish claimed that the nightly count of inmates took place at the time of pre-Shabbat candle lighting, barring the ability to hold a group ceremony until later.
In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 31892 (WD LA, March 31, 2010), a Louisiana federal district court held that defendant's free exercise rights and his rights under RLUIPA were infringed by a prison's refusal to permit him to receive Nation of Islam's newspaper The Final Call solely because each issue contains "The Muslim Program" written by Elijah Muhammad.
In Strutton v. Meade, 2010 U.S. Dist. LEXIS 31944 (ED MO, March 31, 2010), a Missouri federal district court rejected complaints by an inmate being held indefinitely under the state's violent sexual predator law that a second Wiccan religious service each week was not permitted because there was no volunteer leader. It also rejected on pleading grounds his complaint that at one time he was not permitted to make Wiccan objects in Arts and Crafts class. Finally it rejected his claim that pressure from fellow-inmates at one AA meeting to recite the serenity prayer amounted to an Establishment Clause violation.
Mintun v. Peterson, 2010 U.S. Dist. LEXIS 31598 (D ID, March 30, 2010), involves a claim by a gay inmate that he was prevented from participating in the inmate-run choir or Christian Fellowship services because of beliefs of fellow inmates that homosexuality is a sin. An Idaho federal district court denied defendants' motion for summary judgment on plaintiff's free exercise and RLUIPA claims for lack of evidence. The court rejected plaintiff's retaliation and equal protection claims.
In Levy v. Holinka, 2010 U.S. Dist. LEXIS 31743 (WD WI, Marach 30, 2010), a Wisconsin federal district court rejected RFRA, free exercise and establishment clause claims of a Hebrew Israelite prisoner who complained that he was not permitted to wear a turban.
Saturday, April 10, 2010
Unique Arrangement For Catholic Schools Converted To Charter Schools
11th Circuit: Ministerial Exception Doctrine Applies To Suits Under Section 1981
5th Circuit Hears Oral Arguments In Religious Candy Cane Lawsuit
Friday, April 09, 2010
Ecclesiastical Abstention Applies To Both Congregational and Hierarchical Churches
Justice Stevens Announces Retirement
New Jersey Supreme Court Defines Cleric-Penitent Privilege
the cleric-penitent privilege applies when, under the totality of the circumstances, an objectively reasonable penitent would believe that a communication was secret, that is, made in confidence to a cleric in the cleric's professional character or role as a spiritual advisor.At issue in the case is a conversation between a defendant accused of sexually abusing his daughters and a pastor that defendant had known for over thirty years. The state argued that the pastor was not acting as a spiritual advisor, but was acting to protect defendant's children. The court reversed and remanded the case since it was unclear whether the trial court had applied an objective reasonableness standard.
Justice Rivera-Soto dissented, arguing that the majority has "secularized" the privilege, based on an "unexpressed but nevertheless palpable fear of entangling itself in religious controversy." He urged a different standard: "in order for the cleric-penitent privilege to make sense, the question of whether the communication was made 'in confidence' must be informed and governed by the fundamental tenets and practices of the religious belief represented by the cleric and espoused by the penitent." He also objected that the parties had not been given an opportunity to develop their evidence in light of the new standard announced by the majority.
Anti-Abortion Tax Protester Sent To Jail In Canada
Priest's Suit Against Bishop Dismissed On Church Autonomy Grounds
British Nurse Loses In Bid To Wear Cross On Necklace
Indian Court Rejects Government Involvement In Islamic Bank
Claims Against Controversial School Teacher Continue After Summary Judgment Motion Is Denied
Federal Lawsuit Challenges Capital Appropriations To Religious Organizations
Thursday, April 08, 2010
First Shariah-Compliant Space Satellite Insurance Policy Is Written
Possibility In Offing of Supreme Court Without Protestant Justices
Kenyan Religious Leaders Oppose New Draft Constitution
UPDATE: The Standard reported Thursday that church leaders are softening their opposition to the proposed constitution after a meeting with President Kibaki and Prime Minister Raila Odiga.
Church leaders and the President agreed to set up a committee to dialogue on controversial issues surrounding the proposed new constitution.
Vaccination Objection Held To Be Sincere, But Not Religious
Ministerial Exception Precludes Wage and Hour Suit Against Scientology
Here, even if Plaintiff could establish the alleged federal and state labor law violations, there is no dispute that she: (1) was employed by a religious institution; (2) was chosen for her position based largely on religious criteria; and (3) performed religious duties and responsibilities. She worked for ... institutions within the Church of Scientology. She also was able to hold the positions she had with Defendants based largely on religious criteria, namely her commitment to 1,000,000,000 years of service to Scientology and the lifestyle constraints that come with being a member of the Sea Org.... Finally ... she performed various religious duties and responsibilities, most notably "auditing" and "cramming." For these reasons ... the ministerial exception would apply. Thus, her first cause of action fails.According to AP's report on the decision, plaintiff alleged that she worked 100-hour weeks at almost no pay as part of Scientology's elite Sea Organization. (See prior related posting.) The Church of Scientology issued a press release on the decision.
Wednesday, April 07, 2010
Morocco Expels 50 Christians; US Government and Religious Group Protest
U.S. Ambassador to Morocco, Sam Kaplan, has urged that the aid workers be given due process rights. Kaplan is one of the few Jewish diplomats representing the U.S. in Arab countries. Morocco has a long tradition of tolerance of Jews and Christians, but the evangelical community sees the expulsions as a political gesture to Islamic fundamentalists. Nationals of Britain, Netherlands and South Korea were also expelled. Politicians and the media in the Netherlands also protested strongly. (Morocco Board News Service 3/10). [Correction.] Meanwhile, leaders of the Evangelical Church Alliance International met with the Ambassador of Morocco at the Moroccan Embassy in Washington, D.C. An Alliance press release reports they urged Morocco to adopt a clear definition of "proselytizing" to guide foreign Christians. It concludes that: "It was the consensus of the Evangelical leaders present that the Moroccan government understands our concerns and also wishes to strengthen the bonds of friendship that exist between us and to seek new and productive ways to keep the established bridges intact."
Australian Police Stop Crucifixion Reenactment As Offensive
Blogger States Free Speech and Establishment Clause Claims
Complaint Filed Over Local Official's Washing of Government Employees' Feet
Tuesday, April 06, 2010
Man Arrested After Suit Claims Religious Entitlement To Use Force At Abortion Clinic
My religious beliefs include the beliefs that an individual is alive at the moment of conception, abortion is murder and is the worst murder of all murders possible because these babies are completely defenseless, and I am entitled under my religious beliefs to use deadly force if necessary to save the innocent life of another.The lawsuit was brought against the Supreme Court an asked for $999 trillion in damages. [Thanks to Scott Mange for the lead.]
Court Enjoins Military Base Rule That Bars Anti-Islamic Decals On Vehicles
President Obama Hosts Easter Prayer Breakfast
One of my hopes upon taking this office was to make the White House a place where all people would feel welcome. To that end, we held a Seder here to mark the first Passover. We held an Iftar here with Muslim Americans to break the daily fast during Ramadan. And today, I’m particularly blessed to welcome you, my brothers and sisters in Christ, for this Easter breakfast....
I can’t tell any of you anything about Easter that you don’t already know. (Laughter.) .... But what I can do is tell you what draws me to this holy day and what lesson I take from Christ’s sacrifice and what inspires me about the story of the resurrection.
For even after the passage of 2,000 years, we can still picture the moment in our mind's eye. The young man from Nazareth marched through Jerusalem; object of scorn and derision and abuse and torture by an empire. The agony of crucifixion amid the cries of thieves. The discovery, just three days later, that would forever alter our world -- that the Son of Man was not to be found in His tomb and that Jesus Christ had risen. We are awed by the grace He showed even to those who would have killed Him. We are thankful for the sacrifice He gave for the sins of humanity. And we glory in the promise of redemption in the resurrection.
And such a promise is one of life’s great blessings, because, as I am continually learning, we are, each of us, imperfect. Each of us errs -- by accident or by design. Each of us falls short of how we ought to live. And selfishness and pride are vices that afflict us all.
Supreme Court Refuses Review In Alleged Anti-Muslim Bias of Juror
Sunday, April 04, 2010
Recent Articles of Interest
- Geoffrey P. Miller, The Dark Age: How the Biblical Narratives Demonstrate the Necessity for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-18, March 24, 2010).
- Geoffrey P. Miller, Of Floods and Towers: The Bible’s Affirmative Case for Law and Government, (NYU School of Law, Public Law Research Paper No. 10-19, March 24, 2010).
- Geoffrey P. Miller, Patriarchy: The Political Theory of Family Authority in the Book of Genesis, (New York University School of Law, Public Law Research Paper No. 10-23, April 2, 2010).
- Adham A. Hashish, Islamic Ijtihad: The Key to Islamic Democracy Bridging and Balancing Political Islam and Intellectual Islam, (Richmond Journal of Global Law & Business, Vol. 9, No. 61, Winter 2010).
- Hans-Martien Ten Napel Th.D., Protestantism, Globalization and the Democratic Constitutional State, (Reshaping Protestantism in a Global Context, Volker Küster, ed., LIT, 2009).
- Mark Rahdert, Forks Taken and Roads Not Taken: Standing to Challenge Faith-Based Spending, (March 19, 2010).
- Jennifer Gerarda Brown, Peacemaking in the Culture War between Gay Rights and Religious Liberty, (Iowa Law Review, Vol. 95, p. 747, 2010).
- Paul M. Secunda, District Court Amicus Brief of Law Professors in Support of Defendants, Associated Oregon Industries v. Avakian, No. 3:09-CV-1494-MO (March 22, 2010).
- Cyra Akila Choudhury, Globalizing the Margins: Legal Exiles in the War on Terror and Liberal Feminism’s War for Muslim Women, (International Review of Constitutionalism, Vol. 9, No. 2, 2010).
- Mostapha Benhenda, For Muslim Minorities, it is Possible to Endorse Political Liberalism, But This is not Enough, (Journal of Islamic Law and Culture, Vol. 11, No. 2, May 2009).
- Andrew F. March, The Post-Legal Ethics of Tariq Ramadan: Persuasion and Performance in 'Radical Reform: Islamic Ethics and Liberation' (A Review Essay), (Middle East Law and Governance, Forthcoming).
- Ilan H. Fuchs, 'Sephardic' Halakhah? The Attitude of Sephardic Decisors to Women’s Torah Study: A Test Case , (Bar Ilan Univ. Pub Law Working Paper No. 02-10, Dec. 31, 2009).
- Francesco Alicino, Constitutionalism as a Peaceful "Site" of Religious Struggles, Global Jurist, Vol. 10 : Iss. 1 (Advances) (2010).
- Lourens Du Plessis, Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law , (Potchefstroom Electronic Law Journal, Vol. 12, No. 4, 2009).
- E. Gregory Wallace, Justifying Religious Freedom: The Western Tradition, 114 Penn State Law Review 485-570 (2009).
- Shannon Gilreath, Not a Moral Issue: Same-Sex Marriage and Religious Liberty (Reviewing Same-Sex Marriage and Religious Liberty, edited by Douglas Laycock, Anthony R. Picarello, Jr. and Robin Fretwell Wilson), 2010 University of Illinois Law Review 205-223.
- Timothy D. Lytton, Framing Clergy Sexual Abuse as an Institutional Failure: How Tort Litigation Influences Media Coverage, 36 Wm. Mitchell Law Review 169-185 (2009).
- Jared Rubin, Social Insurance, Commitment, and the Origin of Law: Interest Bans in Early Christianity, [Abstract], 52 Journal of Law & Economics 761-777 (2009).
- Ofrit Liviatan, Judicial Activism and Religion-Based Tensions in India and Israel, 26 Arizona Journal of International & Comparative Law 583-621 (2009).
- Teri Dobbins Baxter, Private Oppression: How Laws that Protect Privacy Can Lead to Oppression, 58 University of Kansas Law Review 415-471 (2010).
Recent Prisoner Free Exercise Cases
In Jones v. Bullard, 2010 U.S. Dist. LEXIS 27377 (ED MO, March 23, 2010), a Missouri federal magistrate judge concluded that a detainee's free exercise rights were not substantially burdened when he was at various times inadvertently offered a food tray containing pork, but was given an alternative when he objected.
In Guarneri v. Hazzard, 2010 U.S. Dist. LEXIS 26966 (ND NY, March 22, 2010), a New York federal district court held that an inmate's free exercise rights were not substantially burdened by refusal to provide him with a Catholic priest.
In Black v. Fischer, 2010 U.S. Dist LEXIS 27439 (ND NY, March 23, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 27356, Feb. 4, 2010) and held that defendants were entitled to qualified immunity in a damage action in which a former prisoner complained that his attempt to change religious designation while in prison was denied under a Department of Corrections policy that allowed inmates to change their religion only once every 12 months.
In Malik v. Ozmint, 2010 U.S. Dist. LEXIS 26397 (D SC, March 19, 2010), a South Carolina federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 26385, Feb. 16, 2010) and dismissed a claim by a Sunni Muslim prisoner that his rights under RLUIPA were violated by prison grooming polices that required him to wear short hear and be clean shaven.
In Ingram v. Hyland, 2010 U.S. Dist. LEXIS 25964 (ED WI, Feb. 26, 2010), a Wisconsin federal district court held that an inmate arguably states a free exercise and RLUIPA claim in objecting to an order that he and his wife (a criminal co-defendant) have no contact. Plaintiff argued that denial of contact for the reconciliation of marriage violates his religious beliefs.
In Greenup v. Gusman, 2010 U.S. Dist. LEXIS 29180 (ED LA, March 26, 2010), a Louisiana federal magistrate judge held that various of plaintiff's claims that his Islamic faith was not being accommodated were moot. His claim for mental anguish was barred by a federal statutory provision barring a prisoner from recovering damages for emotional injury unaccompanied by physical injury.
In Green v. Harry, 2010 U.S. Dist. LEXIS 30127 (WD MI, March 29, 2010), a Michigan federal district judge adopted the recommendation of a federal magistrate (2010 U.S. Dist. LEXIS 29767, Jan. 26, 2010) and rejected a Muslim plaintiff's complaints about non-pork items being placed next to pork items.
Unusual Free Exercise Assertion In FOIA Case Rejected
Muslim Tourists Scuffle With Police After Attempt To Pray In Former Mosque, Now A Cathedral
Saturday, April 03, 2010
Church As Murder Location Amounts to Aggravating Circumstance In Sentencing
Court Finds That Church Trustee Breached Duty In Conveying Property
Catholic High School Fails To Show Substantial Free Exercise Burden From Zoning Denial
President Obama Marks Easter and Passover
This is a week of faithful celebration. On Monday and Tuesday nights, Jewish families and friends in the United States and around the world gathered for a Seder to commemorate the Exodus from Egypt and the triumph of hope and perseverance over injustice and oppression. On Sunday, my family will join other Christians all over the world in marking the resurrection of Jesus Christ.On Thursday night, Obama hosted a Seder dinner in the Old Family Dining Room of the White House for some friends, White House employees, and their families. In an article last month, the New York Times traced the background of this event which began with an improvised Seder in April 2008 during the Presidential campaign.
And while we worship in different ways, we also remember the shared spirit of humanity that inhabits us all – Jews and Christians, Muslims and Hindus, believers and nonbelievers alike.
Amid the storm of public debate, with our 24/7 media cycle, in a town like Washington that’s consumed with the day-to-day, it can sometimes be easy to lose sight of the eternal. So, on this Easter weekend, let us hold fast to those aspirations we hold in common as brothers and sisters, as members of the same family – the family of man.
The Obama family will join a D.C. congregation for Easter services tomorrow, according to the Washington Post. However the White House has not disclosed the identity of the church in an attempt to not attract onlookers who would disturb the services.
UPDATE: The D.C. congregation at which the Obama's worshiped for Easter was Allen Chapel AME Church in Southeast Washington. (Afro, 4/5).
Friday, April 02, 2010
Annual White House Easter Egg Roll Will Add Healthful Events
Malaysian Court's Caning Sentence Commuted By Sultan, Over Objections of Muslim Lawyers' Group
8th Circuit Holds Temp Agency Could Enforce No-Headwear Rule of Employer
California Supreme Court Rejects Krsihna Challenge To Airport Anti-Solicitation Ordinance
EEOC Sues Lowes For Failing To Accommodate Sunday Sabbath Observer
Claim By Hasidic Jews That Challenge To Zoning Was Pretext For Discrimination Is Dismissed
In 2004, four villages and two Ramapo residents filed a lawsuit (the Chestnut Ridge action) challenging on environmental grounds Ramapo's zoning changes. In the current lawsuit, Orthodox and Hasidic plaintiffs claim that the filing of the Chestnut Ridge action was in fact an attempt to use intimidation to prevent the spread of the Orthodox and Hasidic communities. The court concluded that the Noerr-Pennington doctrine and the First Amendment right to petition bar plaintiffs from maintaining a civil rights action against defendants when defendants merely petitioned the courts. However the lawsuit was dismissed without prejudice giving plaintiffs an opportunity to refile to seek to defeat defendants' qualified immunity.
Gospel Tracts In Form of $1M Bills Do Not Violate Counterfeiting Laws
Christian Counseling Student's Discrimination Claim Survives Motions To Dismiss
Thursday, April 01, 2010
Israel's Supreme Court Says Muslim Prisoners Not Entitled To Bread During Passover
Cert. Filed In School's Ban of Religious Music In Holiday Concerts
Lawsuit Challenges Health Care Bill on Free Exercise Grounds
being forced to contribute to the funding of abortion, which, according to their deeply held religious beliefs and convictions, is a grave moral disorder since it is the deliberate killing of an innocent human being....
According to the teaching of the Catholic Church, abortion is a crime which no
human law can legitimize. Consequently, there is no obligation in conscience to obey such a law; instead, there is a grave and clear obligation to oppose such laws by conscientious objection.
Catholic Church Challenges Baltimore Ordinance Regulating Pregnancy Counseling Centers
NY High Court: Hate Crime Law Can Apply To Property Offenses
Subsidized Housing Project Attacked on Establishment Clause Grounds
Taxpayers Have Standing To Challenge TVPA Grant To Catholic Bishops
The issue is by no means open and shut, but the court is of the view that the ACLU has met its burden under Flast of showing a link between the congressional power to tax and spend and a possible violation of the Establishment Clause in the grant of public funds to the USCCB....
In closing, I do not pretend that Hein offers clear direction to lower courts as to how to draw the line between just enough congressional involvement to confer taxpayer standing and too little so as to deny it. I further recognize that the distinction between congressional and executive spending propounded in Hein may be unrealistic given the complexities of modern interactions between Congress and the Executive Branch. I have no present allegiance to either side of the debate, only a firm conviction that the Establishment Clause is a vital part of the constitutional arrangement envisioned by the Framers, and perhaps a reason we have not been as riven by sectarian disputes as have many other societies. I also agree that a rule that has no enforcement mechanism is not a rule at all. Taxpayer standing may not be the best or the most desirable or even a necessary means of enforcing the separation of church and state, but unless the Supreme Court decrees differently, it is one of the principal tools available. The uncertainty of the scope of taxpayer standing necessarily invites decisions lacking in consistency. I have no doubt that many of my colleagues would (and will) in all good faith draw the line differently than have I. But until the Supreme Court gives definitive guidance, judges will have to decide using their best understanding of the law as it exists. That is what I have attempted to do here.
Wednesday, March 31, 2010
10th Circuit: No State RFRA Claim For Objectionable Autopsy
Supreme Court Denies Cert. In Religious Music Case Over Alito Dissent
A reasonable reading of the Ninth Circuit’s decision is that it authorizes school administrators to ban any controversial student expression at any school event attended by parents and others who feel obligated to be present because of the importance of theevent for the participating students. A decision with such potentially broad and troubling implications merits our review.National Law Journal reported on the cert. denial.