Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, August 07, 2007
Egyptian Convert To Christianity Sues For Recognition of Change
UPDATE: On Wednesday, Compass Direct News reported that Hegazy's attorney has withdrawn from the case, and Hegazy has gone into hiding while seeking a new lawyer. Mamdouh Nakhla said he was withdrawing from the case both because he did not want to provoke public opinion and because his client failed to provide him necessary documents. However a member of the Center for Human Rights said Nakhla was withdrawing under pressure and death threats.
Monday, August 06, 2007
Pakistan Religious Minorities To Rally For Equal Rights
Baltimore Schools Investigate Church's Free Use of Building
Arabic Public School In NY Generates Continued Controversy
New Zealand Bishops Lose Appeal In Offensive "South Park" Case
Recent Prisoner Free Exercise Cases
In Salgado v. Grams, 2007 U.S. Dist. LEXIS 55129 (WD WI, July 30, 2007), a Wisconsin federal district court dismissed an inmate's RLUIPA and free exercise claims. Plaintiff alleged he was denied prayer oil, a prayer rug and prayer beads. However defendants explained that plaintiff never made a request for these items. Also plaintiff made no showing that he held sincere Muslim religious beliefs.
In Echols v. Ramos, 2007 U.S. Dist. LEXIS 55248 (SD IL, July 31, 2007), an Illinois federal district court permitted a Rastafarian prisoner to proceed with his claim against prison officials (but not against the Department of Corrections) alleging that his First Amendment rights were infringed when he was informed he would be required to cut his dreadlocks.
In Toler v. Leopold, 2007 U.S. Dist. LEXIS 55531 (ED MO, July 31, 2007), a Missouri federal district court refused to grant defendants summary judgment in a claim by a prisoner that the First Amendment and RLUIPA were violated when he was denied a kosher diet and instead limited to a vegetarian food option, the ability to self-select items from the menu, and the ability to purchase kosher food from the canteen.
In Barrett v. Williams, 2007 U.S. Dist. LEXIS 39882 (D OR, June 6, 2007), an Oregon federal district court adopted the recommendations of a federal Magistrate Judge (2007 U.S. Dist. LEXIS 55824) that a prisoner's First Amendment and RLUIPA claims be rejected. Inmate Jacob Barrett was not permitted to purchase a book, The Secret of the Runes, because he owed fines. The Magistrate found that this did not impose a substantial burden on Barrett's free exercise rights.
In Robinson v. Department of Corrections, 2007 U.S. Dist. LEXIS 56355 (ND FL, June 6, 2007), a federal Magistrate Judge dismissed an inmate's Free Exercise claim, finding that the inmate failed to allege that withholding religious materials denied him a reasonable opportunity to pursue his religion. Also the court rejected the inmate's retaliation claim, finding he failed to show that withholding these materials was in retaliation for filing grievances.
Sunday, August 05, 2007
"Adopt-A-School" Program For Churches Questioned
Recent Articles and Book of Interest
Anne K. Knight, Striking the Balance between Anti-Discrimination Laws and First Amendment Freedoms: An Alternative Proposal to Preserve Diversity, (Aug. 1, 2007).
From Bepress:
Asher Maoz, Religious Education in Israel, (Tel Aviv University Legal Working Paper Series, No.44, July 2007).
Multi-article issues:
From the State House to the Schoolhouse: Religious Expression in the Public Sphere, articles by Cynthia A. Baker, Kevin C. McDowell, Luke Meier, Mark Strasser, 40 Indiana Law Review 491-584 (2007).
Journal of Church and State, Vol. 49, No. 2 (Spring 2007) has recently been published.
From SmartCILP:
Robert Audi, Religion and Public Education In a Constitutional Democracy, (Reviewing Kent Greenawalt, Does God Belong in Public Schools?), 93 Virginia Law Review 1175-1195 (2007).
David Keane, Addressing the Aggravated Meeting Points of Race and Religion, 6 University of Maryland Law Journal of Race, Religion, Gender & Class 367-406 (2006).
Andrew Koss, Anti-Semitism in Poland, Then and Now: A Review of Two Books, (Reviewing Jan T. Gross, Fear: Anti-Semitism After Auschwitz; and Joanna Beata Michlic, Poland's Threatening Other.) 1 Columbia Journal of East European Law 188-199 (2007).
Alenka Kuhelj, A Socio-Legal View on Multi-Culturalism and Religious Changes in Post-Communist EU States, 1 Columbia Journal of East European Law 114-141 (2007).
Jennifer M. Smith, Morse Code, Da Vinci Code, Tax Code and ... Churches: An Historical and Constitutional Analysis of Why Section 501(c)(3) Does Not Apply to Churches, 23 Journal of Law and Politics 41-88 (2007).
Mark Totten, The Politics of Faith: Rethinking the Prohibition on Political Campaign Intervention, 18 Stanford Law & Policy Review 298-323 (2007).
New book:
Bill Osinski, Ungodly: A True Story of Unprecedented Evil (2007),(reviewed by Fulton County Daily Report).
Scientology's Help In Disaster Areas Questioned
Trial Set To Begin In Suit To Recover Funds Donated To Church
Italian Premier Wants Church To Help With Tax Compliance
Saturday, August 04, 2007
Some of Pastor's Defamation and Related Claims Dismissed
Complex Housing Discrimination Case Generates Multiple California Lawsuits
In the complicated dispute, the city has has declared the current building a "landmark" so it cannot be torn down. Or Khaim has challenged that in its own lawsuit, claiming both that the designation is not justified under the landmark law, and that as a religious institution it is exempt. (Cal. Govt. Code. Sec. 37361). Meanwhile, Or Khaim says it has given up on its plans to house Jewish refugees and instead plans to offer transitional housing for the poor. The suit filed by the city indicates that it is skeptical, saying that Or Khaim has already begun "ethnic and religious cleansing" of the apartment building. A more detailed account of the controversy appears in today's Iranian Jewish Chronicle.
UPDATE: On Aug. 6, a federal district judge issued a preliminary injunction prohibiting eviction of tenants. The Santa Monica Daily Press reported the court found that there may have been a violation of the Fair Housing Act.
Military Chaplain Imposter Sentenced To Probation and Community Service
China Asserts More Control Over Tibet's Buddhists
Court OK's Michigan Agency's Deletion of Bible Verses From Advocates' Profiles
Kentucky Churches Press Courts For Tough Drug Sentences
Friday, August 03, 2007
DoD Inspector General Finds Fault In Military Support of Christian Embassy
[Thanks to Michael Lieberman for the information. ]The seven officers participated in interviews with Christian Embassy, excerpts of which were also included in the promotional video. The officers were filmed during the duty day, in uniform with rank clearly displayed, in official and often identifiable Pentagon locations. Their remarks conferred approval of and support to Christian Embassy, and the remarks of some officers implied they spoke for a group of senior military leaders rather than just for themselves. None of the officers sought or received approval to participate in the interview in an official capacity or in uniform....
Chaplain Benson requested and obtained limited approval for Christian Embassy to film in the Pentagon by mischaracterizing the purpose and proponent of the video. His request implied that the video was being produced to document the Pentagon chaplain's ministry rather than to promote a non-Federal entity....
UPDATE: Saturday's Washington Post covers the Inspector General's report. Truthout.org also has the story and the video.
Plans For Jewish Charter School Continues To Generate Debate
Sigel said, "I didn't get hired for this job because I'm a rabbi. Plenty of Orthodox Jews work as stock brokers and lawyers without converting people. If you're a math teacher, you focus on the math. It's not my job to chase people and make them Jewish." Meanwhile Reform Rabbi Allan Tuffs, a critic of the school and a strong supporter of church-state separation, says that the school is being marketed through Chabad Lubavitch congregations as providing the equivalent of a Jewish day school education.
3rd Circuit Defines "Substantial Burden" Under RLUIPA
Inmate Henry Washington's religion requires him to read four Afro-centric books each day. The court found that prison authorities substantially burdened Washington's religious exercise by limiting him to having 10 books at any time in his cell. Further, the state failed to show how its policy furthers its interest in safety and health of prisoners and staff.