The court dispute about the cathedral and some other real estate at Prague Castle has been terminated by the declaration we have just signed. As it has been for long past centuries, the state and the Catholic Church will by joint forces take care of the cathedral that they together consider an exceptional national symbol in its historical, spiritual and cultural sense.(See prior related posting.)
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, May 25, 2010
Czech President, Prague Archbishop Sign Agreement On Joint Care of Cathedral
Monday, May 24, 2010
Supreme Court Agrees To Review Arizona Tuition Tax Credit
Supreme Court Grants Cert. In RLUIPA Damages Case
In the case, the 5th Circuit held (see prior posting) that official-capacity damage actions are barred by the state's sovereign immunity. Agreeing with the 4th Circuit, it concluded that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding. The 5th Circuit also held that damages under RLUIPA are not available in suits against officials in their individual capacities. It reasoned that because RLUIPA was enacted under Congress' Spending Clause Powers, only the governmental recipient of the grant may be liable for a violation. The Supreme Court did not grant cert. to review that port of the holding. SCOTUS blog has links to the petitions for and against cert. and amicus filings in the case.
Israeli Right Wingers Say They Will Protest Bar Mitzvah of Rahm Emanuel's Son
Recent Articles of Interest
From SSRN:
- Ian S. Speir, Clemency in Jewish Law, (May 18, 2010).
- Ellen P. Aprill, An Overview of Tax Issues for Synagogues (and Other Religious Congregations), (Loyola-LA Legal Studies Paper No. 2010-24, May 19, 2010).
- Kristen Stilt, How is Islam the Solution?: Constitutional Visions of Contemporary Islamists, (Texas International Law Journal, Forthcoming).
- Jeff Redding, Dignity, Legal Pluralism, and Same-Sex Marriage, (Brooklyn Law Review , Vol. 75, 2010).
- Hussin Iza, Where is the Local Online? Internet Fatwa and the Making of New Muslim Spaces, (Western Political Science Association 2010 Annual Meeting Paper).
- Mohamad Mova Al 'Afghani, Religious Freedom in Indonesia Before and after Constitutional Amendments, (Critical Thinkers For Islamic Reform, Brainbow Press, 2009).
- Michael Young, In Defense of the Constitutionality of Critically Discussing Religion and Ethics in Schools in Light of Free Exercise and Parental Rights, (Ohio State Law Journal, Vol. 70, p. 1565, 2009).
- Aziz Z. Huq, Modeling Terrorist Radicalization, Duke Journal of Law and Social Change, Forthcoming).
From SmartCILP:
- Nancy D. Perkins, Form and Norm: The Transformative Potential of Sub-National Environmental Solidarity, 20 Fordham Environmental Law Review 469-514 (2010).
Sunday, May 23, 2010
South Dakota Tea Party Candidate For Governor Presses For Religion, Church Endorsements
Recent Prisoner Free Exercise Cases
In Burchett v. Bromps, (9th Cir., May 21, 2010), the 9th Circuit held that plaintiff should be permitted to amend his pleadings to pursue an Establishment Clause claim against the Washington state community corrections officer supervising the community-placement portion of his criminal sentence. Plaintiff alleged that the officer prohibited him from attending a Seventh Day Adventist Church and granted him permission to attend only an Assembly of God church.
In Robinson v. Delgado, 2010 U.S. Dist. LEXIS 47818 (ND CA, May 13, 2010), a California federal magistrate judge permitted an inmate who was a member of the House of Yahweh Yadhaim religion, to proceed with his claim that he should be permitted a kosher diet, and that the prison's vegetarian meals are not kosher.
In Perezo v. Williams, 2010 U.S. Dist. LEXIS 48248 (ND TX, May 17, 2010), a Texas federal court dismissed a frivolous an inmate's claim that his free exercise rights were violated because he is not permitted to take his Bible with him into the recreation yard for his one hour of recreation.
In Native American Council of Tribes v. Weber, 2010 U.S. Dist. LEXIS 48969 (D SD, May 18, 2010), a South Dakota federal district court held that plaintiff organization lacks standing to bring a suit under RLUIPA challenging the decision to remove tobacco from Native American ceremonies in the South Dakota State Penitentiary.
In Eichler v. Tilton, 2010 U.S. Dist. LEXIS 48623 (ED CA, April 21, 2010), a California federal magistrate judge held that an inmate needs to amend his complaint to clarify his claim that his religious rights are being infringed when prison officials refused to permit him to practice yoga.
In Gordon v. Caruso, 2010 U.S. Dist. LEXIS 49430 (WD MI, May 19,2010), a Michigan federal district court refused to dismiss claims by an inmate who was a member of the white-supremacist Asatru faith that his free exercise rights and his rights under RLUIPA were violated when officials prohibited Asatru group worship. Defendants had not shown that there were no less restrictive alternatives available to deal with officials' concerns.
In Sandeford v. Plummer, 2010 U.S. Dist. LEXIS 49315 (ND CA, April 26, 2010), a California federal district court refused to grant a prisoner's motion for reconsideration of the court's previous summary judgement against him (see prior posting) on his complaints of being denied an Islamic diet, of improper observances of Ramadan and Eid, denial of an imam for spiritual guidance and refusing to allow him to wear a Kufi prayer cap.
California Reacting To New Texas Textbook Changes
(h) Although not yet formally adopted, it is widely presumed that the proposed changes to Texas' social studies curriculum will have a national impact on textbook content since Texas is the second largest purchaser of textbooks in the United States, second only to California.
(i) As proposed, the revisions are a sharp departure from widely accepted historical teachings that are driven by an inappropriate ideological desire to influence academic content standards for children in public schools.
(j) The proposed changes in Texas, if adopted and subsequently reflected in textbooks nationwide, pose a serious threat to Sections 51204.5, 60040, 60041, 60043, and 60044 of the Education Code as well as a threat to the apolitical nature of public school governance and academic content standards in California.
Georgia Governor Signs New Disclosure Law On Kosher Foods
Saturday, May 22, 2010
Court Says Challenge To Tax Code Parsonage Allowance Can Move Forward
The court held that plaintiffs adequately alleged that Section 107 has the unconstitutional effect of advancing religion. It provides a blanket exemption from taxable income for ministers' housing that is not available to similarly situated secular employees, and allows them to receive a tax-free housing allowance that is not available to other taxpayers. The section also provides a benefit to religion itself, since churches can pay ministers lower salaries when part of their compensation is tax-free. This special benefit for clergy and religion cannot be justified as an accommodation to protect free exercise. However, plaintiffs did not allege sufficient facts to show that the predominant effect of § 265(a)(6) favors religion. It merely gives ministers the same incentive to purchase a home that is available to other taxpayers. [Thanks to Michael Gompertz for the lead.]
Texas Board of Education Adopts More Conservative Social Studies Curriculum
Examine the reasons the Founding Fathers protected religious freedom in America and guaranteed its free exercise by saying that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, and compare and contrast this to the phrase "separation of church and state."Responding to criticism of earlier changes (see prior posting), the Board restored Thomas Jefferson to the list of political philosophers that students will study in world history. He was already included in the U.S. History and the Government curricula.
Teachers Suspended Over Charge Of Sprinkling Holy Water On Colleague
Court Says Woman's Muslim Faith Relevant To Her Emotional Distress Claim
Taking the facts in the light most favorable to Plaintiff, a rational jury could find that federal officials, who enjoyed a position of power over Plaintiff while conducting the search in this case, forced her to appear in a state of relative undress before unrelated men for a significant period of time. They forced her to appear in this state of undress even though she had modest clothing in the very apartment that officers were searching. A rational jury could find that police officers therefore unnecessarily degraded Plaintiff, and that this behavior ought "to be regarded as atrocious, and utterly intolerable in a civilized community." ... A rational jury could also find that federal agents knew full well that Plaintiff’s Muslim faith made her particularly susceptible to emotional distress under these circumstances.[Thanks to Volokh Conspiracy for the lead.]
Friday, May 21, 2010
EEOC Settles One Religious Discrimination Suit; Files Another
A second press release announces the filing of a lawsuit in Arizona federal district court against Orkin Pest Control. The company is charged with denying jobs to older workers and favoring Church of Jesus Christ of Latter-Day Saints applicants, particularly returned missionaries. It also allegedly retaliated against an applicant who complained to corporate headquarters about the policy. The Complaint charges that Orkin advertised on Craig's List for a recruiter to assist in hiring LDS missionaries for seasonal positions, saying that the jobs were great for returning LDS missionaries (who are usually young people). The lawsuit was filed on behalf of 51-year old Thomas Kokezas who was not hired after being asked his age in an interview.
Stolen Sunrise Rock Cross Replacement-- Up Again, Down Again
Court Protects Geithner From Questioning In Bailout Establishment Clause Challenge
School Prevails In Requiring Cap and Gown Over Lakota Regalia For Part of Graduation
Mormon Missionaries Encountering Resistance Over Arizona Immigration Law
New Russian Law Restores Properties To Churches
10th Circuit Upholds Drug Charges; Alleged Religious Beliefs Found Insincere
Islamic Scholars Debate UAE's New Law On Organ Transplants
Lawsuit Dismissed After School Board Broadens Anti-Bullying Instruction
Group Asks IRS To Invetigate Church's Online Endorsement of Candidate
Thursday, May 20, 2010
Pakistan Blocking Facebook and YouTube Over Blasphemous Material
Caretakers Ready To Erect New Cross On Sunrise Rock When Replacement Appears [UPDATED]
Congress attempted to transfer the land on which the cross was constructed to the VFW to avoid an Establishment Clause challenge. In a fragmented decision last month, the U.S. Supreme Court sent the challenge to the land transfer back to the lower courts. (See prior posting.) While the cross was still missing, Hiram Sasser, the director of litigation for Liberty Legal Institute, which is representing the VFW, said the theft may have made it simpler to resolve the case on remand. He said: "If there's no cross there, does that mean that the land transfer goes through, it becomes property of the VFW, and we can put the cross back up?" Justice Roberts, in his concurring opinion last month in Salazar v. Buono, said:
At oral argument, respondent’s counsel stated that it "likely would be consistent with the injunction" for the Government to tear down the cross, sell the land to the Veterans of Foreign Wars, and return the cross to them, with the VFW immediately raising the cross again.... I do not see how it can make a difference for the Government to skip that empty ritual and do what Congress told it to do—sell the land with the cross on it.Meanwhile, on its website Liberty Legal Institute-- in an appeal that seems at odds with its litigation director's theory-- is asking for contributions to help reinstall the memorial on Sunrise Rock, apparently while the litigation proceeds and before the land is formally transferred to VFW. That appeal may now be unnecessary, depending on the Park Service's decision on the cross that has now reappeared.
Court Again Rejects Housing Act Challenge To Homeless Shelter Activities
Tuesday, May 18, 2010
Court Rejects Charter School Challenge To Ban On Classroom Use of Bible
The court held that the charter school itself is a political subdivision of the State and therefore has no privileges or immunities to invoke against the State. It held defendants had qualified immunity as to claims by other plaintiffs. Here it is the defendants-- state school officials-- who are the speakers, and they have the right to lawfully control the content of their speech. They are adhering to the Establishment Clause by barring use of religious texts in publicly funded schools. Idaho Press Tribune reports on the decision. (See prior related posting.)
The Charter Commission will hold a previously scheduled hearing on June 11 on revoking the Academy's charter, in part because the Commission believes the school has not complied with the order to avoid using religious documents.
In Uzbekistan, Police Raid On Large Protestant Congregation
British Court Dismisses Libel Action By Sikh Leader
Preliminary Injunction Denied Against Community College Graduation Prayer
Charges Dropped Against British Street Preacher
Vatican Files Motions To Dismiss U.S. Lawsuit Against It
The second motion to dismiss for lack of subject matter jurisdiction focuses on the argument that the Archbishop of Louisville was not an "employee" of the Vatican, so that the respondeat superior claim that is the basis for jurisdiction under the Foreign Sovereign Immunities Act collapses. The Vatican's 53-page Memorandum (full text) in support of this motion also deals with plaintiffs' focus on the Vatican's document Crimen sollicitationis, and argues that the document did not preclude the Bishop from reporting abuse to civil authorities. An AP article over the week end that quoted the Vatican's lead attorney in the U.S., Jeffrey Lena, previewed these arguments.
North Carolina City Council Switches From Moment of Silence To Invocation
10th Circuit Upholds Church's RLUIPA Victory, Avoids Deciding Constitutionality of RLUIPA
Monday, May 17, 2010
Sri Lanka Charges Muslim Convert With Insulting Buddhism By Publishing Books
Christian Group Launches 8th Annual Campaign To Encourage Graduation Prayer
Recent Articles and Books of Interest
From SSRN:
- Steven Lubet, Why the Dreyfus Affair Does and Doesn't Matter, (Green Bag, Vol. 13, No. 2, p. 331, 2010).
- Timothy Stewart-Winter & Simon Stern, Picturing Same-Sex Marriage in the Antebellum United States: The Union of 'Two Most Excellent Men' in Longstreet's 'A Sage Conversation', (Journal of the History of Sexuality, Vol. 19, No. 2, pp. 197-222, May 2010).
- Gail F. Mason, Hate Crime Laws in Australia: Are They Achieving Their Goals?, (Criminal Law Journal, Vol. 33, No. 6, pp. 326-340, 2009).
- Mark J. Cowan, Nonprofits and the Sales and Use Tax, (Florida Tax Review, Forthcoming).
Recent Books:
- Amy Scobee, Scientology: Abuse At the Top, (Scobee Publishing, May 2010).
- Melanie Phillips, The World Turned Upside Down: The Global Battle over God, Truth, and Power, (Encounter Books, April 2010).
- S.E. Cupp, Losing Our Religion: The Liberal Media's Attack on Christianity, (Threshold Editions, April 2010).
- Ian Johnson, A Mosque in Munich: Nazis, the CIA, and the Rise of the Muslim Brotherhood in the West, (Houghton Mifflin Harcourt, May 2010).
Sunday, May 16, 2010
Holder Testifies About Religious-Based Hiring By Funded Faith-Based Groups
Scott: Let’s be clear. Is the policy of this administration to allow discrimination? Is the policy of the administration going to be that discrimination will not be allowed?(See prior related posting.)
Holder: We are -- yes, that is not the view that we share. We do not have a view that discrimination is, is appropriate. And we want to, as I said, interact with these organizations where these issues are presented in such a way that we are acting consistent with the law and acting, again, consistent with what our values are, both as a nation and as an administration.
Recent Prisoner Free Exercise Cases
In Richardson v. Walker, 2010 U.S. Dist. LEXIS 44717 (SD IL, May 7, 2010), an Illinois federal district court allowed an inmate to move ahead with his claim that his free exercise rights were infringed when he was subjected to tuberculosis testing that violated his religious beliefs.
In Mansker v. McKinzy, 2010 U.S. Dist. LEXIS 44909 (ED CA, May 6, 2010), a California federal magistrate judge recommended dismissal of a Wiccan inmate's 1st Amendment and RLUIPA claims that he was prevented from attending religious services on several occasions. He did not allege that his religion required regular attendance at services, and thus did not adequately allege a substantial burden on his free exercise rights.
In El-Shaddai v. Clark, 2010 U.S. Dist. LEXIS 46304 (ED CA, April 12, 2010), a California magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that his free exercise rights were violated when authorities refused to process his appeals requesting receipt of prayer oils he had ordered.
In Le'Taxione X v. Rochon, 2010 U.S. Dist. LEXIS 46165 (WD WA, May 11, 2010), a Washington federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 46300, April 9, 2010), and dismissed free exercise claims by a Nation of Islam prisoner. Plaintiff had objected to officials insisting that the day room door remain open during Ramadan services. Accommodations made to provide NOI separate Al-Jumu'ah services and study groups mooted a second free exercise claim.
In Espinosa v. Addams, 2010 U.S. Dist. LEXIS 46177 (ED CA, April 8, 2010), a California federal magistrate judge dismissed an inmate's complaint that his free exercise and free speech rights were violated when the prison contraband rules were invoked to prevent his access to a Wiccan book his family had purchased that containted partial nudity.
In Young v. Kadien, 2010 U.S. Dist. LEXIS 46685 (WD NY, May 5, 2010), a New York federal district court allowed an inmate who practiced the religion of "Creator of Heaven and Earth and All Things Beautiful" to move ahead with his RLUIPA claim regarding his right to grow his hair and beard for religious reasons.
In Simpson v. Feltsen, 2010 U.S. Dist. LEXIS 46323 (ED CA, April 9, 2010), a California federal district court held plaintiff's charge that prison officials harassed him about his dreadlocks did not state a free exercise claim.
In Tapp v. Proto, 2010 U.S. Dist. LEXIS 47075 (ED PA, May 12, 2010), a Pennsylvania federal district court rejected a Black Jewish inmate's claims that his right to religious expression was violated when officials took time to investigate his religious needs in the first two weeks of his commitment, and when they thereafter failed to provide enough menu variety and consistent food preparation.
In Phillips v. Ayers, 2010 U.S. Dist. LEXIS 47281 (CD CA, May 12, 2010), a California federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 47263, Jan. 14, 2010) and refused to dismiss a claim that denying use of the prison chapel for Muslim worship without a sponsor violated RLUIPA.
Texas Board of Education Member Will Propose New Establishment Clause Focus In Social Studies
Arizona Governor Signs Bill Giving New Religious Land Use Protections
Saturday, May 15, 2010
Patriarchate In Republic of Georgia Wants Legislation To Protect Against Religious Insult
6th Circuit Denies Motions To File Amicus Briefs In Ministerial Exception Rehearing Bid
Friday, May 14, 2010
Split 6th Circuit Panel Denies Rehearing In 10 Commandments Case
Canadian Court Hearing Arguments On Conscience Rights For Marriage Commissioners
Regina lawyer Mike Megaw was appointed by the government to argue in favor of the constitutionality of the law. Eighteen other individuals and groups were allowed to intervene in the case. Yesterday the court heard six hours of argument, and returns today to hear the remaining presentations. Some of the arguments yesterday focused on the breadth of the proposed law. It is not limited to same-sex marriage, and some claim that it could allow refusals on religious grounds to perform interracial marriages or marriages between people of different castes as well. (See prior related posting.)
Malaysian Woman Challenges Ban On Non-Muslim Lawyers Practicing In Syariah Court
Vermont Catholic Diocese Settles All Past Clergy Abuse Lawsuits For Over $20M
Debate Over Permitting Stores To Open On Holidays Becomes Contentious
11th Circuit: Muslim's Employment Discrimination Claim Not Supported
Thursday, May 13, 2010
Two Clergy Sexual Abuse Cases Filed In Florida
Anonymous Letter Claims To Be From Veteran Who Stole Sunrise Rock Cross
[Thanks to Scott Mange for the lead.]5. The cross was erected illegally on public land in 1998 by a private individual named Henry Sandoz. Since then the government has actively worked to promote the continued existence of the cross, even as it excluded other monuments from differing religions. This favoritism and exclusion clearly violates the establishment clause of the US Constitution.
6. Anthony Kennedy desecrated and marginalized the memory and sacrifice of all those non-Christians that died in WWI when he wrote: 'Here one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles — battles whose tragedies are compounded if the fallen are forgotten.' The irony and tragedy of that statement is unique.
7. Justice Kennedy’s words in particular and others like them from the other Justices caused me to act.
8. At the time of its removal there was nothing to identify the cross as a memorial of any kind, and the simple fact of the matter is that the only thing it represented was an oddly placed tribute to Christ. This cross evoked nothing of the sort that Justice Kennedy writes of, it was in the end simply a cross in the desert....12. We as a nation need to change the dialogue and stop pretending that this is about a war memorial. If it is a memorial, then we need to stop arguing about the cross and instead place a proper memorial on that site, one that respects Christians and non-Christians alike, and one that is actually recognizable as a war memorial.
13. If an appropriate and permanent non-sectarian memorial is placed at the site the cross will be immediately returned to Mr. Sandoz.
14. Alternatively, if a place can be found that memorializes the Christian Veterans of WWI that is not on public land the Cross will promptly be forwarded with care and reverence for installation at the private site.
UPDATE: The May 16 San Bernadino Sun reports that rewards for return of the stolen cross now total $125,000.
Remedies Imposed In Muslim Charity's Challenge To Terrorist Designation
As to the failure to give notice and opportunity to be heard, the court imposed as a remedy a remand. The court will hold an ex parte, in camera meeting with the government to decide what classified evidence will give KindHearts adequate notice. It also remanded to the Office of Foreign Asset Control for further consideration the issue of payment of attorneys' fees from blocked assets. IPS reports on the decision.
NGO's Oppose 5 Countries Running For Seats On UN Human Rights Council
New York Church Designated As Landmark Over Leaders' Objections
Evangelicals Call For "Just Assimilation" Immigration Policy
Among the signers of the statement were Liberty Counsel's Matt Staver, and Southern Baptist Convention's Richard Land. Also signing was the head of the National Hispanic Christian Leadership Conference.We must first secure our borders before we can implement a broader just assimilation immigration policy. Secure borders are not closed borders....
After securing our borders, we should allow the millions of undocumented and otherwise law-abiding persons living in our midst to come out of the shadows. The pathway for earned legal citizenship or temporary residency should involve a program of legalization for undocumented persons in the United States, subject to appropriate penalties, waiting periods, background checks, evidence of moral character, a commitment to full participation in American society through an understanding of the English language, the rights and duties of citizens and the structure of America’s government, and the embrace of American values.
We must return to a rational immigration policy that acknowledges that we are both a nation of immigrants and a nation of laws. It is our obligation to provide a just solution to those people who are currently undocumented under the present policy. That solution is neither amnesty nor mass deportation.
New Details of Elena Kagan's Bat Mitzvah Are Revealed
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."