Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, August 18, 2007
Utah Judge Interviews Candidates For FLDS Trust Advisors
NY Court Decides Standing Issues In Challenge To Yeshiva Housing
In In re Village of Chestnut Ridge v. Town of Ramapo, (App. Div., 2d Dept., Aug. 14, 2007), the court concluded that the Villages have standing to assert the environmental claims and claims regarding required reviews of the proposed zoning law. The individuals have standing to assert these, plus claims that the law was inconsistent with provisions on municipal home rule, that it was inconsistent with the Town’s comprehensive plan, and that its enactment exceeded the Town’s police powers. None of the parties have standing to raise the other constitutional claims being asserted.
Covering the decision, today’s Lower Hudson Journal News quoted Dennis Lynch, attorney for one of the developers involved, who said the appeals court decision "is a lawyer's delight because everyone can sue everybody."
Church Appeals RLUIPA Eminent Domain Decision
Friday, August 17, 2007
11th Circuit Rejects Dismissal of Free Exercise Claim By MSW Student
The Court of Appeals upheld the lower court's dismissal of Watts free speech claim, finding that, under the Supreme Court decision in Connick v. Myers, the government as Watts' employer could dismiss him even though it was based on speech. He was not here speaking as a citizen on matters of public concern. The court assumed, without discussing the matter, that the Connick test does not apply to a dismissal of an employee for exercise of religious beliefs.
The majority (Carnes, J. with Hill, J. concurring in his opinion) then held that, at least on the pleadings, Watts stated a valid free exercise claim when his complaint alleged: "Mr. Watts' religious beliefs include the belief that a patient who professes a religion is entitled to be informed if the counselor is aware of a religious avenue within the patient's religion that will meet the appropriate therapy protocol for the patient. Mr. Watts' termination for his 'religious speech' evidences Defendants' intent to compel Mr. Watts to act contrary to his religious beliefs and constitutes a substantial burden on the exercise of his religious beliefs."
Judge Tjoflat dissenting argued that while Watts had adequately plead that his beliefs were sincere, he had not adequately plead that they were religious as opposed to philosophical or professional. The majority responded to this argument, saying that Supreme Court precedent indicates that Watts need only "plead that he believes his religion compels him to take the actions that resulted in his termination. He need not plead now, or present later, 'objective' evidence that his belief is of the type that a judge would generally consider to be religious in nature. Watts is not on the hook for our inability to understand his religious system." [Thanks to Joel L. Sogol via Religionlaw listserv for the lead.]
New British Law Could Impose Faith-Based Probation Programs
NY Judge Orders Mosque Reopened While Dispute Is In Court
Court Rejects Mother's Demand For Christian Therapist In Custody Case
Turkmenistan Sentences Conscientious Objector To Jail
Cub Scout Working To Develop Native American Emblem
Thursday, August 16, 2007
Louisiana College Plans To Open a "Biblical Worldview" Law School
[Thanks to Melissa Rogers for the lead.][College president, Joe] Aguillard said the law school will "unashamedly embrace" the nation’s "biblical roots" but still prepare graduates to pass the bar exam and practice law in Louisiana or nationwide. "We teach our students to have a passion to change the world in the name of Christ," he said.
Some anti-Christian courts have improperly interpreted the U.S. Constitution on issues involving religious liberties and family values, Aguillard said....Louisiana College requires all of its faculty to "accept Jesus Christ" and was the scene of protests over an alleged lack of academic freedom as the college became more fundamentalist and conservative in recent years....