Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, November 06, 2007
Rise of Independent Congregations Explains Rising Church Litigation
Columnist Says Anti-Semitism On Rise In Britain
Every synagogue service and Jewish communal event now requires guards on the lookout for violence from both neo-Nazis and Muslim extremists. Orthodox Jews have become particular targets; some have begun wearing baseball caps instead of skullcaps and concealing their Star of David jewelry....
[A]nti-Semitism has also become respectable in mainstream British society.... At the heart of this ugly development is a new variety of anti-Semitism, aimed primarily not at the Jewish religion, and not at a purported Jewish race, but at the Jewish state. Zionism is now a dirty word in Britain, and opposition to Israel has become a fig leaf for a resurgence of the oldest hatred.
Pre-Trial Hearing Held In Charges Against Anti-Gay Funeral Protesters
US Agency Wants To Talk With Nigerian Leader About Religious Freedom
Monday, November 05, 2007
Blogger Questions Verdict Against Westboro Funeral Picketers
UPDATE: Another analysis of the legal issues in the case appears today in an article by Michael C. Dorf on Findlaw. [Thanks to How Appealing for the lead.]
Zoning Issue Posed By "Theater Church"
Plans For London Mosque Draw Opposition
Egyptian Court Acquits Christians Charged With Defaming Islam
Recently Available Articles on Law and Religion
- R. Randall Kelso, Custom and Tradition Versus Reason in Modern Secular and Religious Moral Reasoning and in Modern Constitutional Law, (August 2007).
- Christina T. Trotta, From God to Gab: Analyzing the First Amendment Rights of Religious Student Groups in an Age of Free Speech and Political Correctness, (February 16, 2007).
- Mary Jean Dolan, Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life, (Hastings Constitutional Law Quarterly, Vol. 35, No. 3, 2008).
- Alan Weinstein, Avoiding a RLUIPA Claim, (Cleveland-Marshall Legal Studies Paper No. 07-150, Oct. 24, 2007).
- Patrick McKinley Brennan, Locating Authority in Law, and Avoiding the Authoritarianism of 'Textualism', (Villanova University School of Law Working Paper Series, No. 86, Oct. 2007. Forthcoming, Notre Dame Law Review.)
- 13th Annual International Law and Religion Symposium. The 1981 U.N. Declaration on Religious Tolerance and Non-discrimination: Implementing Its Principles after Twenty-five Years, 2007 Brigham Young University Law Review 575-812 (2007). Articles by: Jose Maria Contreras Mazario, Carolyn Evans, Shavarsh Khachatryan, Christopher Marsh, Daniel P. Payne, Raul Gonzalez Schmal, Robert A. Seiple, Eiichiro Takahata, Khatuna Tsintsadze, Carlos Valderrama Adriansen and Ilhan Yildiz.
Belgians Bring Fraud Charges Against Church of Scientology
Court Refuses Summary Judgment In Religious Leafleting Case
Sunday, November 04, 2007
Minnesota High Court Reverses Clergy Sexual Conduct Conviction In Split Decision
The clergy sexual conduct statute makes it a crime for a member of the clergy to engage in sexual penetration with a person who is seeking or receiving “religious or spiritual advice, aid, or comfort in private.” Bussmann argues that the clergy sexual conduct statute is unconstitutional because it is void for vagueness and it violates the Establishment Clause of the United States and Minnesota Constitutions. Because we (1) conclude that the clergy sexual conduct statute is not void for vagueness; (2) are equally divided on whether the statute facially violates the Establishment Clause; but (3) conclude that Bussmann’s conviction, based on the admission of extensive evidence concerning religious doctrine and church policies and practices, violated the Establishment Clause, we affirm the court of appeals’ decision on the first two issues, reverse the court of appeals’ decision on the third issue, and remand for a new trial.The judges who concluded that the statute was facially inconsistent with the Establishment Clause argued that its provisions: "are not secular and neutral, but instead incorporate religious doctrine, as reflected in the legislative determinations that the clergy member is always in a position of power over an advisee, that any sexual penetration with an advisee is always causally related to the religious and spiritual advice given by the clergy member to an advisee, and that an advisee always lacks capacity to effectively consent to that sexual penetration."
3rd Circuit Overturns Religious Tax Protesters' Convictions
In United States v. McKee, (3d Cir., Oct. 29, 2007), the court upheld the defendants' conviction for conspiracy to defraud the United States, but reversed their convictions for employment tax evasion on the ground that the jury instructions constructively amended the indictment. The court, though, did not order an acquittal on these charges, finding that there was sufficient evidence to convict on the amended charges. Finally the court ordered acquittal of one of the defendants on charges of failure to file individual income tax returns because the evidence was insufficient to establish guilt beyond a reasonable doubt.
Peter Goldberger who represented two of the defendants criticized the appellate court for failing to reach the religious freedom issues involved, saying "It's a threat to every established pacifist religion that has had kind of an unwritten understanding with the IRS." One of the defendants has by now already completed her sentence, and two others have been moved to halfway houses and home confinement. However all three had been ordered by the trial court to file delinquent tax forms and pay back taxes as a condition of their release from prison, something to which they still object. They did pay the fines and penalties imposed on them, and technically they are now due a refund because of the reversal of many of their convictions. [Thanks to Jack E. Shattuck for the lead.]
Kentucky Governor Asks Court To Clarify 10 Commandments Ban
UPDATE: On Monday, a day before the gubernatorial election, a Kentucky federal district court ruled that the earlier orders enjoining the placing of a large 10 Commandments Monument outside the Kentucky Capitol did not apply to the Foundations of American Law display. However the court did not rule on the constitutionality of the Foundations display. Within hours the Foundations display was put up in the Capitol Rotunda and Gov. Fletcher issued an executive order calling for it to remain until a later court ruling is issued. (Louisville Courrier-Journal, Nov. 6.) Meanwhile, AP reported on Wednesday that former state AG Steve Beshear defeated Fletcher in the gubernatorial race. In the campaign, Beshear touted his religious upbringing and ran TV ads with him in front of a church.
Court Enjoins Georgia City's Parade and Demonstration Ordinance
Finland Charges Sex Discrimination In Dispute Over Female Clergy
Quebec Schools Will Begin Mandatory Ethics and Religious Culture Courses
Saturday, November 03, 2007
Optional Flag-Folding Ceremonies Are Now Back In Military Funerals
A family may request the recitation of words to accompany the meaningful presentation of the American flag as we honor the dedication and sacrifice of their loved ones.... Volunteer honor guards are authorized to read the so-called "13-fold" flag recitation or any comparable script. Survivors of the deceased need to provide material and request it be read by the volunteer honor guards... Volunteer honor guards will accept requests for recitations that reflect any or no religious traditions, on an equal basis.In a speech to the American Legion on Thursday (full text), Vice President Dick Cheney referred to the clarification:
As most of you know, our nation has 125 national cemeteries operated by the VA. Burials conducted in those cemeteries should honor the wishes of the families, including those that relate to religious observances. And despite the confusing order that recently came out of the federal bureaucracy, I want you to know that honor guards at military funerals will give the 13-fold recitation at any service where the family requests it.Today's Christian Post reports that conservative Christian groups such as the American Center for Law and Justice are still unhappy because the policy now permits only volunteer honor guards, and not officials such as military chaplains, to read the recitation. Also families will no longer receive the flyer informing them of optional flag-folding ceremony. However a posting today on the ACLJ's website says it is pleased with the resolution of the matter as announced by Vice-President Cheney.