Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, November 06, 2006
Newsweek Explores Evangelical Agenda and Impact On Public Policy
The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."
More Prisoner Free Exercise Decisions Become Available
In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.
In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.
The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).
In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.
In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.
In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.
Sunday, November 05, 2006
Utah Judge Opposes Baptism Of Child
Reconstructionist Rabbis Support NJ Gay Marriage Law
New Articles and Book On Law & Religion
Barak D. Richman, How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006).
From SSRN:
Jonathon W. Penney & Robert Jacob Danay, The Embarrassing Preamble? Understanding the Supremacy of God and the Charter, (University of British Columbia Law Review, Vol. 39, p. 287, 2006).
Marci A. Hamilton, The Religious Origins of Disestablishment Principles, (forthcoming Notre Dame Law Review).
Cyra Akila Choudhury, Terrorists & Muslims: The Construction, Performance and Regulation of Muslim Identities in the Post-9/11 United States, (Rutgers Journal of Law and Religion, Vol. 7, No. 3).
From Bepress:
Jennifer Smith, Morse Code, DaVinci Code, Tax Code and Churches, (Oct. 30, 2006).
Debra L. Lowman, A Call for Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, (Oct. 28, 2006).
The Summer 2006 issue of Journal of Church and State has recently been published.
New book:
H. Stephen Shoemaker, Being Christian in an Almost Chosen Nation (Abingdon Press, Oct. 2006),(reviewed by the Dallas News).
Saturday, November 04, 2006
Ted Haggard and the White House
At yesterday's White House press briefing, spokesman Tony Fratto fielded questions about Haggard's relationship to the White House:Haggard has advised the White House on issues ranging from judicial appointments to steel tariffs. But he also sought to widen the agenda of Christian evangelicals into areas the Bush administration - and many of his Christian brethren - would rather avoid.… Haggard has angered some religious conservatives for urging Christians to protect Muslims in the days after the Sept. 11 terrorist attacks.... Last summer, he joined an eclectic group of 27 religious leaders ... urging the government to "abolish torture now - without exception".… Haggard's recent efforts promoted through the NAE a "broad biblical agenda" that included improving health care, ending racism and addressing global warming.... through a free-market approach....
Q This Reverend Haggard out in Colorado, is he someone who is close to the White House? There had been reports that he was on the weekly call with evangelicals. Is that true?
MR. FRATTO: I'm actually told that that's not true, that he has -- in terms of a weekly call that he has? He had been on a couple of calls, but was not a weekly participant in those calls. I believe he's been to the White House one or two times. I don't want to confine it to a specific number because it would take a while to figure out how many times. But there have been a lot of people who come to the White House, and --
Q -- when was he at the White House?
MR. FRATTO: I couldn't tell you specifically. I know that there was a picture of him with the President in one of the TV reports, so obviously he met with the President at some point in time.
Look, this is a personal issue for someone. It's something that Reverend Haggard needs to deal with, with his family and his church. And I'm not sure that there's any comment beyond that that's necessary.
Q Would that make evangelicals dispirited and maybe sit out the election Tuesday?
MR. FRATTO: I doubt it. I doubt it.
Q Why?
MR. FRATTO: Well, because I think the community you're referring to understands where the Republican Party is on issues that are important to them, and someone's -- something that an individual did that affects them personally shouldn't affect their interest in advancing issues that they care about.
First Amendment Land Use Rights, Or Legal Loophole?
Guy Fawkes Day Festivities Still Controversial
Church-State In the 2006 Elections
Suit Challenges Rules Of Michigan State Employees Combined Campaign
Friday, November 03, 2006
Sexual Charges Against Evangelical Leader Have Political Implications
The Post speculates that the charges may have a negative impact on Republicans trying to rally their conservative Christian base to turn out for Tuesday's mid-term elections. Prof. William Martin of Rice University says. "This is one more factor that could increase the disillusionment of evangelicals with prominent leaders on the Christian right and with the political process as a whole, and some may conclude that perhaps their forebears were wise to be wary about politics."
Haggard today also stepped down as pastor of his 14,000-member New Life Church in Colorado Springs, Colorado. The Post says that Jones was impelled to come forward with his accusations at this time in part because in Colorado there are two issues on Tuesday's ballot relating to same-sex marriage. (Amendment 43 defining marriage as between one man and one woman, and Referendum I proposing a domestic partnership law.) Haggard has been an outspoken opponent of same-sex marriage. The May 2005 issue of Harpers carried a very long portrait of Haggard and his influence in an article titled Soldiers of Christ.
Bible Club Thrives In Elementary Schools
Indian Government Defends Islamic Courts
Transcript of Religion and Politics Discussion
Christian Student Has Partial Win In Suit Against North Carolina High School
New Jersey Mosque Wins Temporary Injunction
Thursday, November 02, 2006
Parliament Continues To Deal With Religion and School Issues
High Profile Chaplain Sues Navy
UPDATE: The Marine Corps Times reports that on Wednesday the court refused to grant Chaplain Klingenschmitt a temporary restraining order in his pending suit.
Romney Discusses Attitudes On Mormonism With Evangelical Leaders
Marine Father Scores Initial Victory In Suit Against Funeral Picketers
The court rejected several jurisdictional objections raised by Phelps and the other defendants. It held that Snyder adequately state a claim for defamation, intrusion on seclusion, publicity of private life, intentional infliction of emotional distress, and civil conspiracy. The court held that it did not have enough information before it at this stage of the proceedings to determine whether or not defendants' actions were constitutionally protected by the First Amendment's free exercise clause.