Religion Clause

Tuesday, September 11, 2007

En Banc 9th Circuit Finds Juror's Bible Notes Did Not Impact Death Penalty Decision

In an en banc decision in Fields v. Brown, (9th Cir., Sept. 10, 2007), yesterday the U.S. 9th Circuit Court of Appeals in a 9-6 decision agreed with a 2005 decision of a 3-judge panel upholding the death sentence of Stevie Lamar Fields, who has been on death row since 1979. The majority held that the jury foreman's notes setting out Biblical arguments for and against the death penalty had no substantial effect on the jury's decision, so the court need not decide if the bringing of this extraneous material into the jury room amounted to juror misconduct. Two dissenting opinions were filed, each on behalf of three judges. Both strongly challenged the majority's statement that the Biblical quotations were merely "notions of general currency that
inform the moral judgment that capital-case jurors are called upon to make." The 99 pages of opinions involve other challenges to Fields sentence as well-- all of which were rejected. Today's Los Angeles Times reports on the decision.

American Legion Blasts 9th Circuit's Mojave Cross Decision

American Legion National Commander Marty Conatser has issued a strong statement criticizing the U.S. 9th Circuit Court of Appeals' recent decision in Buono v. Kempthorne. The 9th Circuit concluded that Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW did not eliminate an Establishment Clause violation. According to the Legion's press release, Conaster said:

This is one more prime example of wrong-headed political correctness and one more critical reason why the current Congress must pass the Public Expression of Religion Act.... Today it’s a memorial. Tomorrow, these same judges can order the removal of crosses on veterans gravestones, the dismissal of military chaplains and the closure of base chapels.

Roman Catholic Foundation Files New Suit Against Univeristy of Wisconsin

Last May, a lawsuit brought against the University of Wisconsin (UW) by the Roman Catholic Foundation (RCF) was settled. In the settlement, UW agreed to recognize RCF and recommend funding for it, while RCF agreed it would not seek University funding for events requiring the direct control of ordained clergy. (See prior posting.) Yesterday, RCF filed a new lawsuit against the University. (ADF press release.) The complaint (full text) in Roman Catholic Foundation, U-W Madison, Inc. v. Planton, (WD WI, filed 9/10/2007) alleges that the University has:

refused to fund any religious expression of RCF because Defendants believed that doing so gave state funds to "the Church." ... Defendant ... told RCF that the [settlement] Agreement was inapplicable.... UW-Madison officials ... stated that they will not fund any of RCF’s religious expression that involves "worship," "prayer," and/or "proselytizing...." Essentially, Defendants assumed a line-item veto power—in direct contradiction of the Agreement—over RCF’s previously approved budgets. Defendants have not applied this same level of scrutiny to other student organizations at UW-Madison.

By treating RCF differently than other similarly situated student organizations, and announcing that RCF cannot receive segregated fee funding for religiously expressive activities, Defendants have repudiated the Agreement, [and] violated RCF’s constitutional rights for a second time in a year....

Yesterday's Rhinelander Daily News reports additional details of the lawsuit.

Focus on Family Cleared By IRS of Political Endorsement Charges

The AP reported yesterday that James Dobson has been cleared of charges that he used resources of Focus on the Family to endorse Republican political candidates in 2004. Citizens for Responsibility and Ethics in Washington and the Citizens Project complained that Dobson's actions were inconsistent with Focus on the Family's non-profit tax status. The IRS, however, apparently agreed that Dobson was not speaking for the non-profit pro-family Christian group in making his endorsements.

China Appoints Bishop Supported By Vatcan

The government of China appears to have taken a step toward improving relations with the Vatican. BBC News reports that China's state-controlled Catholic Church ordained Paul Xiao Zeijiang as assistant bishop in Guizhou province on Sunday. The first ordination since a June letter from Pope Benedict XVI calling for closer relations, this appointee reportedly had approval from both the Vatican and supporters of the Pope in China. In the past, unilateral appointments by China led to the excommunication of two bishop seen by the Vatican as illegally appointed.

Canadian Politicians Criticize Deference To Muslim Women In Vote ID Rules

Canada's Prime Minister Stephen Harper and other Canadian politicians are criticizing the decision by Marc Mayrand, head of Elections Canada, to permit Muslim women to be identified at the polls in upcoming Quebec elections without removing their full-face veil. (See prior posting.) Maynard said the women would be asked to voluntarily remove their face covering, but they cannot be required to do so under current law. They have the alternative of taking an oath and being identified by someone else. Parliament members critical of Maynard say they will press for an amendment to require voters to show their face for identification purposes. Some Canadian Muslim groups say the controversy has been blown out of proportion and that the small number of women who wear the niqab are used to removing it for identification purposes. These developments were reported yesterday by Jurist and by the Prince George Citizen.

Monday, September 10, 2007

More On Prison Chapel Library Book Limitations

A New York Times article today offers new details about the federal Bureau of Prisons restrictions on titles that are permitted in prison chapel libraries. The limitations are the subject of a pending lawsuit. (See prior posting.) The Times discloses that the titles selected by the Bureau of Prisons for inclusion are apparently far from balanced. 80 of the 120 permitted Jewish titles are from the same Orthodox publishing house. Wheaton College Professor Timothy Larsen says that the Christian materials "show a bias toward evangelical popularism and Calvinism" and do not include materials from early church fathers, liberal theologians and major Protestant denominations.

Indian Governor Vetoes Anti-Conversion Bill

The Governor of the Indian state of Chhattisgarh has refused to consent to an anti-conversion bill passed last year by the state assembly. IANS reports today that the Chhattisgarh Religious Freedom (Amendment) Act, 2006, would have required individuals to obtain approval from a district magistrate 30 days in advance of converting to another religion. The BJP that supported the bill argued that Christian missionaries were bribing poor tribals and low caste Hindus into changing their faith.

San Diego Diocese Reaches Settlement With Abuse Victims

On Friday, a settlement was reached in the sexual abuse claims of 144 people against the Catholic Diocese of San Diego. The San Diego Union-Tribune yesterday reported that the settlement will total $198.1 million. It also includes an agreement on release of documents regarding abusive priests and employees, and records of how the Church dealt with them. The agreement was mediated by a federal magistrate. The Diocese is in contentious bankruptcy reorganization proceedings. (See prior posting.)

Court Modifies Judgment Against Postal Service Prohibiting Proselytizing

A Connecticut federal district court has granted a motion by the U.S. Postal Service to amend a declaratory judgment and injunction issued in April prohibiting contract postal units from posting displays that involve religious proselytizing. (See prior posting.) In Cooper v. United States Postal Service, 2007 U.S. Dist. LEXIS 65507 (D CT, Aug. 28, 2007), the court limited its ruling to the contract postal unit operated by Sincerely Yours, Inc. (SYI), eliminating broader language applying to all other contract postal units as well. It also modified its injunction to more specifically indicate the proselytizing activities of SYI that are to be prohibited.

Maryland Town May Enact New Zoning Law In Response To Ahmadi Group

In Walkersville, Maryland, the town commission is considering a new zoning ordinance in response to a proposal by a group of Ahmadiyya Muslims to acquire 224 acres of farmland to use for the group's 3-day annual convention that would attract up to 10,000 people. The property would also be used for prayers and meetings by local members on weekends and occasionally for other activities. Chris Weddle, sponsor of the zoning amendment, said it is part of a larger plan to preserve agricultural and open space. If enacted, it would require town council approval to rezone the farmland. Yesterday's Boston Globe says that the Ahmadis have launched a public relations campaign to calm local fears about their plans. [corrected]

Church of England Raises Objections to Proposed Equality Bill

In Britain last week, the Church of England filed formal comments opposing a proposed Single Equality Bill that would harmonize and simplify a number of existing anti-discrimination laws. (See prior posting.) In its submission during the government's consultation on the bill, the Archbishops' Council complained that the Church could be forced to marry people who have undergone gender reassignment, and that faith schools might be required to "promote" same-sex relationships. PinkNews.uk reports on these developments.

Sunday, September 09, 2007

Another Study Ordered On Prosecution of FLDS In Canada

Despite a recommendation last August by independent prosecutor Richard Peck that Canadian prosecutors not file charges against the polygamous FLDS community in Bountiful, BC, another review has been ordered by British Columbia's Attorney General. This time lawyer Leonard Doust will examine whether there is sufficient evidence to prosecute for sexual exploitation offenses. Peck had recommended against such prosecutions and suggested instead that the BC government ask the courts to rule on advance on the constitutionality of Canada's ban on polygamy. BC Attorney General Wally Oppal wants Doust to take a more aggressive approach to possible prosecution, according to Saturday's Vancouver Sun.

2nd Religious Freedom Moot Court Competition Announced

George Washington Univeristy Law School has announced that its Second Annual Religious Freedom Moot Court Competition will be held Feb. 22-23, 2008. Registration deadline for law school teams is Oct. 12, 2007.

Saturday, September 08, 2007

Federal Court Approves Jesus Portrait In Larger Display In Slidell Courthouse

The New Orleans Times-Picayune reports that a Louisiana federal district court on Friday refused to order a picture of Jesus removed from the lobby of the Slidell (LA) City Court now that the pictures of 15 other people who were important in the development of legal history have been added.. A copy of the U.S. Constitution has also been hung in the center of the display. (See prior posting.) U.S. District Judge Ivan Lemelle said he would have ordered the picture removed if it the additional portraits had not been added. A challenge to the portrait of Jesus which has been in the courthouse for many years was filed by the ACLU. Apparently the former judge who purchased the portrait did not realize that it had religious significance, despite the halo around the head of the portrait's subject. Retired Judge James R. Strain Jr. said he thought it was merely a picture of a lawgiver.

Town Passes Permit Law In Reaction To Street Preachers

Last Tuesday, Walnut Cove, North Carolina’s town council enacted a new ordinance requiring a permit for parades and public assemblies on town streets, sidewalks or public property. (Text of ordinance as proposed). Today’s Winston-Salem Journal reports that the ordinance is a response to members of the Baux Mountain Baptist Church who have been preaching on city streets every Saturday for over four months. Reporting on the proposal last month, CBN News said Council is concerned about traffic, church members taking up parking spaces and the blocking business entrances. Church members say the new rules, which are scheduled to take effect in October, are unconstitutional.

No Immunity For Parole Officer Sending Offender To Religious 12-Step Program

In Inouye v. Kemna, (9th Cir., Sept. 7, 2007), the U.S. 9th Circuit Court of Appeals reversed the decision of a Hawaii federal district court and denied qualified immunity to a parole officer being sued for Establishment Clause violations. The Court of Appeals held that by 2001 it was clearly established that coerced placement of a convicted defendant in a religious-based drug or alcohol treatment program was unconstitutional. Today’s San Francisco Chronicle reported on the case that was brougth by a Buddhist who was required to attend the Salvation Army's treatment program, including Narcotics Anonymous. [Thanks to Robert H. Thomas for the lead.]

Catholic Retirement Community Entitled To Colorado Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo, (CO Ct. App., Sept. 6, 2007), a Colorado appellate court held that a continuing care retirement community operated by a Catholic religious organization qualifies for the sales and use tax exemption that is granted to charitable and religious organizations. Disagreeing with the trial court, the Court of Appeals concluded that the operation of the retirement community is a religious activity. While agreeing that an exemption is available, the Court disagreed with the argument made by Catholic Health that government officials cannot constitutionally examine the activities of a religious organization to determine which of its activities are or are not religious. The Court held that “a certain amount of inquiry into a religious organization’s activities is appropriate”. The organization’s motivation in conducting a particular activity is relevant, but other factors must also be examined.

Interim Rulings In Russian Orthodox Church Dispute In New Jersey

A New Jersey trial court judge made several rulings Thursday in a dispute between a Russian Orthodox diocese in New Jersey and the Sviato-Pokrovskiy Russian Orthodox Church in Buena Vista (NJ). Members of the parish oppose the reconciliation that has taken place between the Russian Orthodox Church Outside Russia and the Moscow Patriarchate in Russia. (See prior posting.) On Friday, Newsday reported that Superior Court Judge William C. Todd prohibited the parish from selling off its church building or land without permission of the diocese. However, Judge Todd refused to rule that parish members had no interest in the property. He also refused to require that the property be used only in accordance with the canons, rules and customs of the Orthodox Church Outside Russia. All of this leaves the ultimate dispute undecided,