Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, May 12, 2010
Protesters Prevent Cartoonist Vilks From Completing Talk On Art and Free Speech at Uppsala University
Court Refuses To Dismiss Chabad's Claims Against Historic Commission Members
British Police Recognize Pagan Officers Association
Town's Emergency 911 Prayer Group Helps As Bad Weather Threatens
Indian Tribe Now Excluded From Sacred Site In California Marine Life Protection Initiative
French Parliament Adopts Non-Binding Resolution Opposing the Burqa
Meanwhile yesterday, the Council of Europe announced in a press release that its Parliamentary Assembly's Committee on Culture, Science and Education has adopted a resolution opposing a general ban on the niqab or burqa for women who "genuinely and freely desire" to wear it. It said a more limited ban for security purposes or where public or professional functions call for religious neutrality or showing of one's face may be justified. However a broader ban may violate freedom of religion protected by the European Convention on Human Rights.
Muslim Police Officer's Religious Discrimination Claim Dismissed
Tuesday, May 11, 2010
Sunrise Rock Cross-- Focus of SCOTUS Decision-- Stolen By Vandals
Religious Advocacy Groups Issue Statements On Kagan Nomination
Americans United for Separation of Church and State said: "We simply don’t know much about Elena Kagan’s views on church-state separation.... It's the job of the Senate Judiciary Committee to fill in the picture by asking her questions about how religion and government should interact." Liberty Counsel also raised questions: "The Senate should press hard to question Elena Kagan on her judicial philosophy. The public deserves to know whether Kagan will use her transnational law philosophy as a lens through which she views the Constitution. And the public needs to know whether her personal views will trump the Constitution, as they appeared to do when she banned military recruiters from campus."
The Jewish Council for Public Affairs release said: "Supreme Court nominees should be held the highest standard and be fully committed to protecting justice for all and our nation's core values described in the Constitution and the Bill of Rights.... We encourage Senators to give Ms. Kagan full and fair consideration and hope all sides keep discussions and debate civil." The Muslim Public Affairs Council said: "We call upon Ms. Kagan, if she is confirmed, to follow in the footsteps of Justice Stevens in his commitment to preserving individual freedoms, checking executive power, and upholding the rule of law which have made America a better place for over 35 years."
In Ontario Unemployed Teachers Are Changing Religion To Improve Job Chances
First Freedom Center Has New President
ambassador-at-large and special envoy for Holocaust issues for the State Department from 2002 to 2003, has become president of the First Freedom Center. The Center is devoted to increasing understanding and respect for religious liberty. Bell wants to expand the organization's national and international educational efforts, and expand the Center's use of electronic media to reach out to more schools and universities.
Monday, May 10, 2010
Elena Kagan Nominated By Obama To Supreme Court [UPDATED]
Much of Kagan's published scholarly writings (full list at pp. 52-53 of Hearings) focus on the constitutional issues surrounding the regulation of hate speech. These include: The Changing Faces of First Amendment Neutrality: R.A.V. v. St. Paul, Rust v. Sullivan, and the Problem of Content-Based Underinclusion, 1992 Supreme Court Review 29 [Hein-on-Line link]; Regulation of Hate Speech and Pornography After R.A.V., 60 Univ. Chi. L. Rev. 873 (1993) [LEXIS link]; When A Speech Code Is A Speech Code: The Stanford Policy and the Theory of Incidental Restraints, 29 UC Davis L. Rev. 957 (1996); and Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, 63 U. Chi. L. Rev. 413 (1996) [LEXIS link].
During Kagan's confirmation hearings for Solicitor General, she was questioned (Hearings at pp. 97-98) about a memo she wrote as a law clerk for Supreme Court Justice Thurgood Marshall suggesting that government funding through the Adolescent Family Life Act for faith-based social service organizations to discourage teen pregnancy was improper because inevitably religious teaching would be injected into the organizations' social services. At her hearings, she rejected her earlier position, saying in written answers that her earlier view was "deeply mistaken" and that she now believes that it is incorrect to presume that a religious organization will use grant funds in an impermissible way to further religion.
Swedish Law Firm Sues Government For Discrimination After Muslim Lawyer Is Removed From Case
Court Settles Dispute Between Church and Its Former Treasurer
Recent Articles and Book of Interest
From SSRN:
- Salim Farrar, The Role of the Defence in Islamic Law, (Sydney Law School Research Paper No. 10/42, May 4, 2010).
- Mark L. Movsesian, Elusive Equality: The Armenian Genocide and the Failure of Ottoman Legal Reform, (University of St. Thomas Journal of Law & Public Policy, Forthcoming).
- Frederick Mark Gedicks, Undoing Neutrality? From Separation to Tolerance in Establishment Clause Jurisprudence, (Willamette Law Review, 2010).
From SmartCILP:
- Alex Schulman, Kulturkampf and Spite: The Rehnquist Court and American "Theoconservatism", [Abstract], 22 Law & Literature 48-75 (2010).
New Book:
- Elaine Howard Ecklund, Science vs. Religion: What Scientists Really Think, (Oxford Univ. Press, May 6, 2010).
Sunday, May 09, 2010
Recent Prisoner Free Exercise Cases
In Smith v. Ludwick, 2010 U.S. Dist. LEXIS 42396 (ED MI, April 30, 2010), a Michigan federal district court dismissed an inmate's habeas corpus action in which he complained that he was denied the right to participate in the kosher meal program. Habeas is not available to challenge conditions of confinement, as opposed to the length or duration of a sentence.
In George v. Morgan, 2010 U.S. Dist. LEXIS 42667 (D DE, April 30, 2010), a Delaware federal district judge permitted an inmate to proceed with his claim that he was n ot allowed to attend chapel services or receive spiritual counseling. He also claimed that prison officials punished him for praying in his cell, telling him that talking to God is a sign of being crazy.
In Ramziddin v. Monmouth County Sheriff Department, 2010 U.S. Dist. LEXIS 42798 (D NJ, April 30, 2010), a New Jersey federal district court dismissed without prejudice a Muslim pre-trial detainee's clams that correctional officials violated his free exercise rights when they confiscated his prayer rug for security reasons, limited the areas in which he could wear his kufi, failed to serve meals that conform to his religious preferences, and forced him to pray in "awkward and unsanitary" conditions in the multi-purpose room or in cells.
In Ind v. Colorado Department of Corrections, 2010 U.S. Dist. LEXIS 43312 (D CO, March 23, 2010), a Colorado federal magistrate judge recommend that an inmate who followed a branch of the Christian Identity Movement be allowed to proceed with his RLUIPA claims for an injunction stemming from his allegations that he was denied the opportunity to take communion alone in his cell and was denied religious texts. It held that one of the defendants had qualified immunity as to damage claims.
In Greenfield v. Corzine, 2010 U.S. Dist. LEXIS 44433 (D NJ, May 6, 2010), a New Jersey federal district court held that a civil committee under the Sexually Violent Predator Act failed to allege sufficient facts to state a free exercise claim when he alleged only that he was denied the right to participate in religious services while he was in "map" for 60 days in 2006. Also the statute of limitations had run on the claim.
In Rouser v. White, 2010 U.S. Dist. LEXIS 44151 (ED CA, April 15, 2010), a California federal district court issued a preliminary injunction in a lawsuit filed by a Wiccan prisoner alleging various infringements of his rights under the free exercise clause and RLUIPA. The injunction required that prison officials allow plaintiff to keep and maintain religious texts (including but not limited to A Witches' Bible Compleat (the "Wiccan Bible"), that they allow him to obtain group Wiccan items before Wiccan group services; that they do not take or destroy plaintiff's religious articles; that plaintiff be provided a way to order and receive religious items; that officials announce Wiccan services to the same extent they announce services for the mainstream faiths; that plaintiff be allowed to access the outdoor, nature-based religious area when Wiccan services are scheduled; and that plaintiff be given access to the fire pit during religious services.
Court Rejects Constitutional Argument Against Limit On Child's Religious Exposure
Arizona Eliminates Last Limits on Sunday Liquor Sales
Court Overrules Jewish Cemetery's Objections To Moving of Body
Saturday, May 08, 2010
Establishment Claim Against Charter School Proceeds, But Students May Not Intervene
Finally the court denied an application by ten TiZA students and four of their parents to intervene to protect the school's accommodation of their free exercise of religion. The court held that any injury to the students that might result from a settlement of the lawsuit by TiZA is too remote and speculative, and that any impairment of their rights might well be traceable to TiZA rather than plaintiffs. It also held that the students had delayed too long in filing a motion to intervene. However, the court granted the students permission to file an amicus brief in the case. The Minneapolis Star Tribune reported on the decision. (See prior related posting.)
Court Explains Continued Jurisdiction Over Santa Rosa Schools Consent Decree
NY Community Board Approves Plans For Mosque Near Ground Zero
Friday, May 07, 2010
DC Circuit Dismisses Suit Challenging Past and Future Inaugural Prayers and Presidential Oath
Judge Brown wrote that the challenge to religious expressions at President Obama's 2009 inauguration is moot. Plaintiffs failed to appeal the district court's denial of a preliminary injunction. (See prior posting.) Had they done so and had they won on appeal, that would have avoided mootness. As to their challenge in connection with the 2013 and 2017 inaugurations, plaintiffs are seeking relief against unknown parties over whom the court lacks jurisdiction. There is no assurance that those involved in planning the 2009 Inauguration will be involved in the future. And there is no way for plaintiffs to sue all possible future Presidents-elect. Therefore a declaratory judgment will not remedy the wrong being challenged and plaintiffs lack standing to pursue these claims.
Judge Kavanaugh concluded that plaintiffs have standing to challenge prayers and the oath for future inaugurations, but that neither violate the Establishment Clause. The prayers, in the forms they have been offered at inaugurations, should be permitted under the U.S. Supreme Court's decision in Mash v. Chambers upholding non-proselytizing legislative prayer. The words "so help me God" added to the Presidential oath should also be upheld as a long national tradition that is neither proselytizing nor exploitative. Judge Kavanaugh also used his opinion to explain his earlier vote to deny plaintiffs' motion for the court to eliminate at oral arguments in this case its usual call asking God to save the court and the country. (See prior posting.) [Thanks to Bob Ritter for the lead.]
North Carolina Diocese Settles Abuse Case For $1M
Police Departments Cancel Security Webinar Over Charges of Anti-Muslim Bias
Appeal of Windermere Quiet Title Action Dismissed [Corrected]
Thursday, May 06, 2010
"Year of Our Lord" Language Omitted In Jewish-American Heritage Proclamation
9th Circuit: Religious Group In Prison Is "State Actor"
Here, although Congregation's decision to limit Florer's access to religious materials may have had a religious component, that characteristic does not alter that Congregation's conduct was a direct delegation of the DOC's constitutional duty to provide appropriate access to religious materials. If Congregation had instead been sued for its performance of religious activities that the state could not conduct itself, such as delivering sermons or praying for healing, Congregation could not be held liable as a state actor because such religious conduct would lack "joint effort" between the state and Congregation.
Hawaii Group and Lt. Gov. Criticized Over Church-State and Gay Issues
Yesterday's Honolulu Star Bulletin reports that both Lt. Gov. Aiona and Transformation Hawaii strongly deny the allegations. Aiona said: "These despicable attacks on my personal faith are politically motivated and intentionally deceitful. To insinuate any support at any time for the imprisonment of homosexuals is unconscionable." However his campaign says that while Aiona is not a member of Transformation Hawaii, he has participated in some of its activities in his personal capacity. Francis Oda, chairman of the Transformation Network's Global Council said the organization's mission in Uganda is to "end systemic poverty." According to another supporter of Transformation Hawaii, Honolulu city councilman Gary Okino, the group closed its Uganda office well before the anti-gay legislation was introduced in Uganda. He said the Democrat's resolution was inspired by Transformation's opposition to Hawaii's recent civil union legislation that is awaiting the governor's signature or veto. (CNN report on bill 4/30.)
New Costa Rican President Likely To Maintain Role of Catholic Church
Suit Chalenges Use of Cathedral For High School Commencement
Holding a public-school graduation in such a religious environment violates the Establishment Clause ... : the location coerces students and parents to receive the overwhelming religious message of the Cathedral as the price of attending a seminal event in their lives; communicates a message of governmental favoritism of the Christian religion; entails the use of public funds to support religion-infused graduations; and excessively entangles the Schools with a religious institution. The practice also violates Article Seventh of the Connecticut Constitution, which provides that “no person shall by law be compelled to . . . support, nor be . . . associated with, any congregation, church or religious association.”USA Today reports on the filing of the lawsuit.
Wednesday, May 05, 2010
French Lawmaker's Op-Ed Argues For Burqa Ban
The ban would apply to the full-body veil known as the burqa or niqab. This is not an article of clothing — it is a mask, a mask worn at all times, making identification or participation in economic and social life virtually impossible. This face covering poses a serious safety problem at a time when security cameras play an important role in the protection of public order....
[W]earing headgear that fully covers the face does not constitute a fundamental liberty. To the contrary, it is an insurmountable obstacle to the affirmation of a political community that unites citizens without regard to differences in sex, origin or religious faith. How can you establish a relationship with a person who, by hiding a smile or a glance — those universal signs of our common humanity — refuses to exist in the eyes of others?
Pastor's Conviction Reversed By Consent After Noise Ordinance Held Unconstitutional
Developments In Rubashkin Trials
On Monday, Rubashkin was moved to a county jail for the beginning of his state trial on 83 misdemeanor child labor charges. However, according to yesterday's Des Moines Register, Rubashkin has not eaten since noon Monday because the food at the Black Hawk County jail does not meet his religious requirements for kosher food. The county sheriff agreed to meet with a rabbi to discuss Rubashkin's religious needs. Judge Nathan Callahan says he will not delay the trial, even if he has to proceed without Rubashkin being present.
AU Says High School Assemblies Violate Establishment Clause
Italian Town Fines Muslim Woman For Wearing Burqa At Post Office
Meanwhile, AP reports that Germany's Interior Minister Thomas De Maziere this week said he sees no need for a ban on the burqa in his country.
Lawsuit Challenges Prayers Referencing Jesus At City Council Meetings
Parents, Teachers, Students Seek To Bar School Board From Enforcing Consent Decree
In Allen v. School Board for Santa Rosa County, Florida, (ND FL, filed 5/4/2010), the 308-paragraph complaint (full text) alleges that enforcement of the consent decree infringes First Amendment protections of speech, association, and free exercise of religion, violates the establishment clause and denies plaintiffs equal protection of the law. The complaint also asserts that the consent decree can no longer be enforced because plaintiffs in the original lawsuit, having graduated from high school, lack standing. They can no longer be injured by any conduct of the defendants. In a press release, Liberty Counsel summarizes the lengthy charges in the complaint as follows:
[P]rotected religious expression, such as voluntary, student-initiated prayers or off-the-clock religious discussion among adults, has been criminalized. Students can no longer say "God Bless," teachers must hide in closets to pray, parents cannot communicate frankly with teachers, volunteers cannot answer any questions regarding religion, Christian groups cannot rent school facilities for private religious functions benefiting students, and pastors are dictated how they can and cannot seat their audiences at private, religious baccalaureate services held inside their own houses of worship.
Initially, Liberty Counsel offered free consultation to the school district, but the school district decided instead to shake hands with the ACLU, pay the ACLU $200,000 in legal fees, and voluntarily enter into the Consent Decree that obliterates religious freedom and makes a mockery of the First Amendment.
Tuesday, May 04, 2010
Court Says Dependency Finding Did Not Infringe Parents' Free Exercise Rights
Mrs. Siefker's beliefs, known only to her, were constantly changing and often carried the appearance of being pre-textual in order to keep the children confined to her home and under her exclusive control. While she steadfastly professed to believe in the existence of God and Jesus Christ and that the original King James version of the Bible was true, the "tenets" or "rules" of her faith were always in flux, rarely remaining the same from day-to-day. For instance, one day something was not sinful, the next day it was. Thus, it is difficult to determine what is truly held because it could change the next day, the next week, or the next month. Moreover, more than one person ... opined that these beliefs were intertwined with Mrs. Siefker's mental condition, particularly her OCD and anxiety issues. This renders it nearly impossible to discern whether a particular position she has is based on her religious beliefs, her mental condition(s), or a combination of the two. Further, Mr. Siefker seems to follow whatever belief his wife has, rather than forming his own belief system. Thus, determining whether he truly holds these beliefs is also difficult, if not impossible.
Nominal Damages Awarded In "Day of Truth" T-Shirt Case
Pastors Convicted of Tax Evasion Despite "Love Offering" Defense
Title VII Religious Institution Exemption Not Applicable To Harassment Claim
[W]hile 42 U.S.C. § 2000e-1(a) may give religious institutions carte blanche in considering religion in deciding whom to employ, promote, or terminate, it does not follow that it gives them free rein to harass an individual once hired, even on religious grounds.The lawsuit was filed by a nursing assistant who was a member of the Church of the Brethren and who was employed at a Catholic nursing center. She alleges that her Director created a hostile work environment by repeated complaints about her religiously-motivated long skirts and head covering.
Challenge To Town Council Invocations Moves To Britain
9th Circuit Says RLUIPA Does Not Cover Court House Holding Cell
Freud is reported to have said that sometimes a cigar is just a cigar. And a facility used for holding prisoners prior to trial is a pretrial detention facility. [RLUIPA] ... covers ... pretrial detention facilities. Souhair Khatib was held in a facility where prisoners are routinely detained awaiting trial and other court appearances. She was therefore held in a facility covered by RLUIPA and is entitled to its protections. This pretty much sums up the case for me. Everything below is unnecessary and you could easily skip it.Yesterday's San Francisco Appeal reports on the decision.
Monday, May 03, 2010
French Court Orders Facebook To Remove Page That Is Insulting To Bishop
Cert. Denied In Boy Scouts Case
Mennonite Service Agency Added To List of Conscientious Objector Alternatives
Defrocked Orthodox Priest Did Not Show Malice In Allegedly False Statements
British Street Preacher Charged Under Public Order Act For Anti-Gay Statement
Recent Articles and Film of Interest
- Daphne Barak-Erez, Law and Religion Under the Status Quo Model: Between Past Compromises and Constant Change, (Cardozo Law Review, Vol. 30, No. 6, pp. 2495-2507, 2009).
- R. Randall Kelso, Modern Moral Reasoning and Emerging Trends in Constitutional and Other Rights Decisionmaking Around the World, (April 1, 2010).
- M. Mohsin Alam, Constructing Secularism: Separating 'Religion' and 'State' Under the Indian Constitution, [Abstract], 11 Australian Journal of Asian Law 29-55 (2009).
- Mark A. Levine, The Modern Crusade: An Investigation of the International Conflict Between Church and State, 40 California Western International Law Journal 33-54 (2009).
Recent Films:
- Reed Cowin, 8: The Mormon Proposition, reviewed in the Washington Post.
Sunday, May 02, 2010
Court Enjoins Planned Student Prayer At High School Graduation
Under the circumstances of this case, were a prayer to be permitted at the upcoming Greenwood graduation ceremony, it likely would be perceived "as a public expression of the views of the majority of the student body delivered with the approval of the school administration."... The offering of prayer at a high school graduation does not, by itself, violate the Establishment Clause. If, however, "the 'degree of school involvement makes it clear that the [graduation] prayers bear ‘the imprint of the state,' then a constitutional violation has occurred." ... The policy in place at Greenwood purposefully encourages the delivery of a majority-sanctioned prayer at a "regularly scheduled, school-sponsored function conducted on school property." ... That policy therefore violates the Constitution as an establishment of religion.Reporting on the decision, yesterday's Indianapolis Star quotes school officials who say they will not appeal the decision and will not hold votes or attempt to hold graduation prayers in future years.
Kenyan Churches Will Oppose New Draft Constitution
The Standard reported last week that the Episcopal Council of the Catholic Church of Kenya, the National Council of Churches of Kenya and the Anglican Church of Kenya have all decided to oppose adoption of the Constitution, despite the popularity of the draft in the country. Angencia Angola Press reports that some Kenyan churches (but apparently not the Anglican Church (Sunday Nation))will use tithes and Sunday offerings to fund the "vote no" campaign. However some Anglican bishops support the constitution. Today's Sunday Nation editorially criticizes the U.S.-based American Center for Law and Justice, a conservative Christian group, which reportedly will fund a campaign to defeat the constitution.
Recent Prisoner Free Exercise Cases
In United States v. Lafley, 2010 U.S. Dist. LEXIS 41445 (D MT, April 28, 2010), a Montana federal district court refused to modify defendant's conditions of supervised release to permit him to possess marijuana for religious or medical purposes.
In Hartmann v. California Department of Corrections & Rehabilitation, 2010 U.S. Dist. LEXIS 41522 (ED CA, April 27, 2010), Wiccan prisoners challenged a California regulations that provided full time prison chaplains for five specified faiths, but only part-time or volunteer chaplains for others. A California federal magistrate judge
In Jotunbane v. Sedillo, 2010 U.S. Dist. LEXIS 41360 (D NM, April 20, 2010), a New Mexico federal district court held that RLUIPA does not authorize prisoner claims of any sort against state officials in their personal capacities nor does it authorize claims for monetary damages (as opposed to other kinds of relief) against individuals in their official capacities.
In Robinson v. Federal Bureau of Prisons, 2010 U.S. Dist. LEXIS 42154 (ED NY, March 24, 2010), a New York federal magistrate judge recommended that a Jewish prisoner be permitted to proceed with his claim that his free exercise rights were infringed when a corrections officer burst into prison Jewish High Holy Day services, told participants they were over, had members of the congregation handcuffed, and took plaintiff who was leading the services into the elevator and physically assaulted him. An excessive force claim was dismissed because of improper defendants being named.
In Flett v. Vail, 2010 U.S. Dist. LEXIS 40725 (ED WA, April 26, 2010), a Washington federal court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 40749, Feb. 24, 2010) allowing a Native American inmate to move ahead with his RLUIPA complaint challenging a regulation that denied him access to an eagle bone whistle used in certain religious ceremonies.
In Gjevukaj v. Lowe, 2010 U.S. Dist. LEXIS 40781 (MD PA, April 26, 2010), a Pennsylvania federal district court dismissed plaintiff's claim that he was denied Halal-compliant meals. It upheld the policy of removing inmates from the Common Fare diet when they consumed commissary items that did not comply with their religious requirements.
In Lagervall v. Garringer, 2010 U.S. Dist. LEXIS 40730 (ED WA, April 26, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 40733, April 9, 2010) and dismissed a Muslim inmate's RLUIPA claim that his rights were infringed when a kufi mailed to him from a supplier was rejected because he had not paid for it from his personal funds.
In Hoeft v. Allen, 2010 U.S. Dist. LEXIS 40054 (WD WI, April 23, 2010), a Wisconsin federal district court rejected free exercise and RLUIPA claims by a former inmate whose drawing of a swastika was confiscated from his cell.
Saturday, May 01, 2010
Army Hospital Emblem Challenged Because of Religious Content
Meanwhile, God and Country blog carries an extensive response to the MMRF complaint, picturing numerous other Army emblems that carry imagery from a wide variety of religious traditions.
President Issues 2010 National Day of Prayer Proclamation
Prayer has been a sustaining way for many Americans of diverse faiths to express their most cherished beliefs, and thus we have long deemed it fitting and proper to publicly recognize the importance of prayer on this day across the Nation....
I call upon the citizens of our Nation to pray, or otherwise give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings, and I invite all people of faith to join me in asking for God's continued guidance, grace, and protection as we meet the challenges before us.
Presidential Proclamation Sets May As Jewish American Heritage Month
The Jewish American story is an essential chapter of the American narrative. It is one of refuge from persecution; of commitment to service, faith, democracy, and peace; and of tireless work to achieve success. As leaders in every facet of American life -- from athletics, entertainment, and the arts to academia, business, government, and our Armed Forces -- Jewish Americans have shaped our Nation and helped steer the course of our history. We are a stronger and more hopeful country because so many Jews from around the world have made America their home.
Today, Jewish Americans carry on their culture's tradition of "tikkun olam" -- or "to repair the world" -- through good deeds and service. As they honor and maintain their ancient heritage, they set a positive example for all Americans and continue to strengthen our Nation.
Court Permits Wife To Move Husband From Jewish Cemetery
Both respondents, mother and sister, testified to the fact that the decedent followed many Jewish traditions, and that his Jewish faith was an important part of his daily life. Although it is not the function of this court to sit in judgment of anyone's choice in the manner in which he/she chooses to practice or observe his/her faith, the court finds that these occasional, isolated acts of religious observance do not unequivocally constitute and support the fact that Jamie actively practiced his Jewish faith. Moreover, the court finds that whatever the nature of decedent's bond of religion, it was insufficient to overcome his paramount wish that his wife and he be together in death as they were in life.... Additionally, as the proposed final resting place for his remains, St. Elizabeth Cemetery is nondenominational, there is no evidence to show that his burial there will offend his Jewish faith.... There was no evidence presented by respondents to show decedent's paramount concern was that his remains be laid to rest in a Jewish cemetery.[Thanks to Joseph Landau for the lead.]
Nurse Files State Claims After Being Required To Assist In Abortion
Friday, April 30, 2010
Delaware Court Dismisses Abuse Suits Against Out-of-State Dioceses and Parish On Due Process Grounds
The cases allege sexual abuse occurring in Delaware by priests employed by the out-of-state entities. The court refused, on First Amendment grounds, to examine canon law to determine which Church superiors were responsible for the priests' behavior. The court held that since the priests were not acting within the scope of their employment when they committed the alleged abuse, any liability of the dioceses or parish is not based on the doctrine of respondeat superior. Therefore in determining whether there was a sufficient nexus to support personal jurisdiction, the court must examine actions in Delaware of the dioceses and parish, not actions of the priests themselves. Plaintiff failed to show sufficient activities in Delaware to establish general jurisdiction over the dioceses or parish. The court likewise rejected claims of specific jurisdiction since the alleged negligence in hiring or supervising the priests, or in failing to warn potential victims, all took place out of state. The court concluded its opinion with this unusual statement directed at the plaintiffs:
If the allegations of the complaints are true, you have suffered immeasurably at the hands of men who betrayed a sacred vow and a position of trust solely to satisfy their own selfish and perverted desires. The Court realizes that the foregoing analysis must seem to be a cold, sterile calculus devoid of any understanding of the injuries you have suffered, and it is fully cognizant that its decision in this matter will leave you without a remedy because your claims are barred by the statutes of limitations in your home states. Nonetheless, the Court is bound to apply our federal constitution and the laws of this state as it finds them. The legal questions presented by these motions are not even close ones.In Naples v. Diocese of Trenton I, (DE Super. Ct., April 29, 2010), the court similarly dismissed for lack of personal jurisdiction a lawsuit brought under the Delaware Child Victim's Act against a New Jersey diocese and parish. Some of the alleged acts of sexual abuse had taken place in Delaware. However in Naples v. Diocese of Trenton II, the court refused to dismiss on forum non conveniens grounds a suit against the priest himself who allegedly abused plaintiff. Much of the abuse took place in New Jersey, but some acts took place in Delaware.
Muslim Woman Loses Suit Against Judge Who Banned Hijab In Courtroom
The court dismissed the claim for an injunction on the ground that judges have absolute immunity when acting in their judicial capacity. Here defendant was controlling the demeanor and dress of parties who were participating in matters before the court. It also dismissed the request for a declaratory judgment, finding plaintiff lacked standing. She failed to show an injury in fact. According to the court: "Albaghdady never protested removal of her head piece, she never informed Defendant that her 'hat' was a hijab, and most critically, when asked to remove it, said, 'Okay. It doesn't matter.' ... She removed her hijab without hesitation." The Detroit Free Press yesterday reported on the decision.
Lower House of Belgian Parliament Passes Burqa Ban
Court Can Enjoin Expelled Member From Entering Church Property
[R]egardless of whether the Church is congregational or hierarchical, its decision to terminate Cage-Barile's membership is binding on us. That decision was based on religious doctrine and, as a matter of constitutional law, is not subject to review by civil courts. Nor is there any suggestion in the record that the Church failed to follow the proper procedures in making its decision. The Church held a noticed meeting, invited the congregation, allowed Cage-Barile to speak to the assembly, and, thereafter, the board and membership expelled her.... Under the First Amendment, the courts must accept the Church's decision. The question before us is whether, having expelled Cage-Barile, the Church can prevent her from entering its property. The answer is yes....
British Appeals Court Rejects Plea For Special Panel To Adjudicate Religious Rights Cases
The London Daily Express , The Independent and the Daily Mail all report on the decision.The general law may of course protect a particular social or moral position which is espoused by Christianity, not because of its religious imprimatur, but on the footing that in reason its merits commend themselves.... But the conferment of any legal protection or preference upon a particular substantive moral position on the ground only that it is espoused by the adherents of a particular faith, however long its tradition, however rich its culture, is deeply unprincipled.
... We do not live in a society where all the people share uniform religious beliefs. The precepts of any one religion – any belief system – cannot, by force of their religious origins, sound any louder in the general law than the precepts of any other. If they did, those out in the cold would be less than citizens; and our constitution would be on the way to a theocracy, which is of necessity autocratic. The law of a theocracy is dictated without option to the people, not made by their judges and governments. The individual conscience is free to accept such dictated law; but the State, if its people are to be free, has the burdensome duty of thinking for itself.
So it is that the law must firmly safeguard the right to hold and express religious belief; equally firmly, it must eschew any protection of such a belief's content in the name only of its religious credentials.
Head of Egypt's Al-Azhar Cuts Political Ties
Thursday, April 29, 2010
USCIRF Releases 2010 Annual Report on International Religious Freedom
USCIRF's 382-page report documents religious freedom issues in both CPC and watch list countries, as well as in three others that are being closely monitored: Bangladesh, Kazakhstan and Sri Lanka. Under the International Religious Freedom Act of 1998, USCIRF's report is to be considered by the State Department in preparing its Annual Report to Congress on International Religious Freedom. Also each year, the President is to revise the list of CPCs. The most recent list (see prior posting) is comprised of 8 of the 13 countries recommended this year by USCIRF: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia (with a waiver), Sudan, and Uzbekistan. An AP article discusses the USCIRF Report.