Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, December 14, 2007
Sectarian Prayer At Ohio County Board Becomes An Issue
Lisbon Treaty Makes EU Charter of Fundamental Rights Legally Binding
US Official Charged With Threatening To Put "Hex" On Staff Members
British Officials Euthanize Cow Being Protected By Hindu Monks
Thursday, December 13, 2007
Scientolgy Now Recognized As Registered Religion by Portugal
House Passes Resolution On Importance of Christmas-- But Not Unanimously
Chilean Priest Sentenced To Reciting Psalms For Parking Violation
Religion Remains An Issue In Republican Caucuses and Primaries
I asked Huckabee, who describes himself as the only Republican candidate with a degree in theology, if he considered Mormonism a cult or a religion. "I think it’s a religion," he said. "I really don’t know much about it." I was about to jot down this piece of boilerplate when Huckabee surprised me with a question of his own: "Don’t Mormons," he asked in an innocent voice, "believe that Jesus and the devil are brothers?"
According to CNN, yesterday Huckabee personally apologized to Romney for his statement. Huckabee was surprised at the furor caused by his remarks, which were part of a several-hour conversation with Chafetz. He said: "[Chafetz] was trying to press me on my thoughts of Mitt Romney's religion, and I said 'I don't want to go there.' I really didn't know. Well, he was telling me things about the Mormon faith, because he frankly is well-schooled on comparative religions. As a part of that conversation, I asked the question, because I had heard that, and I asked it, not to create something -- I never thought it would make the story."
Meanwhile, in yesterday's Des Moines Register debate among Republican candidates (full transcript), the primary mention of religion was in remarks by candidate Alan Keyes. Interjecting himself into a discussion on education policy, Keyes said:
Governor Huckabee just addressed the question of education claiming that he is the spokesman, do you know the major problem? We allowed the judges to drive God out of our schools. We allowed the moral foundation of this republic which is that we are created equal and endowed by our creator, not by our constitution or our leaders with our rights. If we don't teach our children that heritage and the moral culture that goes along with it, we cannot remain free, they will not be disciplined to learn science, to learn math, to learn history, to learn anything. And they don't want to talk about this except when they're squabbling about their own personal faith and forgetting that we have a national creed. And that national creed needs to be taught to our children so that whether they were scientists or businessmen or lawyers they will stand on the solid ground of a moral education that gives them the discipline they need to serve the right, to exercise their freedom with dignity, and to defend justice because they understand it is our heritage.
Tennessee Trial Under Way Over "Praying Parents" In School
California Student Sues Alleging Teacher's Remarks Violated Establishment Clause
Missouri's Governor Responds To Christmas Dispute
I was deeply troubled by MSU's decision to take down a campus Christmas tree. President Nietzel’s reversal of this outrageous decision by University bureaucrats was the only proper decision and I thank him for it. The historical underpinnings and meaning of Christmas cannot be ignored because some university office received a complaint.
Today, I issued a directive to state agencies that no state employee will be reprimanded, cautioned or disciplined for saying "Merry Christmas" to others. I strongly recommend that MSU as well as all other taxpayer supported institutions adopt my policy.
Charter Proposal In Quebec Would Protect Women From Religious Discrimination
Wednesday, December 12, 2007
The Episcopal Church Incurs High Legal Costs As Members Break Away
Preliminary Injunction Sought By Catholic Group Against University of Wisconsin
Green Bay Wisconsin Committee Approves Nativity Scene
Plaintiff Can Proceed In Claim That Citations Were Aimed At Preventing His Religious Worship
Church Program Distributing Shoes In Schools Is Questioned
Lawsuit In Turkey Challenges Italian Team's Uniforms As Offensive To Muslims
6th Circuit Defines "Substantial Burden" Under RLUIPA
Judge Moore concurred in the judgment, but would have adopted a different definition of "substantial burden" under RLUIPA:Although RLUIPA assuredly protects religious institutions in their religious exercise, the statute’s language indicates that it is not intended to operate as "an outright exemption from land-use regulations." [citation omitted]....
We decline to set a bright line test by which to "measure" a substantial burden and, instead, look for a framework to apply to the facts before us. To that end, we find the following consideration helpful: though the government action may make religious exercise more expensive or difficult, does the government action place substantial pressure on a religious institution to violate its religious beliefs or effectively bar a religious institution from using its property in the exercise of its religion?...
While Living Water has outgrown its current facility, the record does not contain the kind of facts that would permit a finding that the building which the church can construct without an additional SUP would be so inadequate as to substantially burden Living Water’s religious exercise in the future.
I would adopt the substantial-burden standard established by the Seventh Circuit.... [It] held that "a land-use regulation that imposes a substantial burden on religious[Thanks to Brian D. Wassom for the lead.]
exercise is one that necessarily bears direct, primary, and fundamental responsibility for rendering religious exercise—including the use of real property for the purpose thereof within the regulated jurisdiction generally—effectively impracticable."