Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, February 05, 2008
Proposed Iran Penal Law Mandates Death For Apostasy
California Episcopal Diocese Sues Breakaway Church
University of Wisconsin Catholic Group Can Try Again For Funding
Court Upholds Pastor's Firing Over Challenge To Procedures
Monday, February 04, 2008
Military Court Upholds Conviction of Muslim Soldier For Iraq Refusal
In its opinion, the court developed an interesting reconciliation of the strict scrutiny test imposed by RFRA and the pre-RFRA holding by the U.S. Supreme Court in Goldman v. Weinberger, that "review of military regulations challenged on First Amendment grounds is far more deferential than constitutional review of similar laws or regulations designed for civilian society." The Army Court held that:
while strictly scrutinizing the Army’s burden on free exercise of religion, we apply judicial deference to "the professional judgment of military authorities concerning the relative importance of a particular military interest."Employing this test, it found that the Army has a compelling interest in requiring soldiers to deploy with their units, and that this interest was furthered by the least restrictive means in that Webster was offered a number of accommodations as well as the opportunity to seek conscientious objector status.
President's New Limits On Earmarks May Affect Religious Groups
Presidential Hopefuls Reach Out to Latino Evangelicals
Recent Law Review Articles of Interest
- Tarum Jain, General Principles of Intestate Succession Under Hindu Law, (2008).
- Timothy Sandefur, Reason and Common Ground: A Response to the Creationists' "Neutrality" Argument, (Chapman Law Review, Vol. 11, No. 1, 2008).
- Dr. Dipa Dube, Some Reflections on Interplay of Law and Morality in Contemporary India, (January 29, 2008).
From SmartCILP:
- Monica K. Miller, Alayna Jehle & Alicia Summers, From Kobe Bryant to Saddam Hussein: A Descriptive Examination and Psychological Analysis of How Religion Likely Affected Twenty-five Recent High-Profile Trials, 9 Florida Coastal Law Review 1-33 (2007).
- Mark G. Toews, Mennonites, the First Amendment, and the Role of Selective Conscientious Objectors in a Democratic Society, 9 Florida Coastal Law Review 35-64 (2007).
Sunday, February 03, 2008
NH Federal Court Holds Prison Anti-Violence Program Is Secular
Malaysian and South African Muslims Warned Not to Use Botox
Recent Prisoner Free Exercise Cases
In Wesley v. Muhammad, 2008 U.S. Dist. LEXIS 6248 (SD NY, Jan. 28, 2008), a New York federal district judge accepted a magistrate's recommendation in a case in which a Muslim inmate challenged the selling of pork-based products in a prison's commissary without clearly labeling which products comply with Muslim dietary restrictions. The court dismissed claims against officers who merely worked at the commisary, but permitted them to go forward against supervisory officials. Plaintiff had objected to dismissal of the commissary workers, arguing that they were "like Nazi concentration camp guards, relying on a defense that they followed the orders of superiors to avoid liability...." The court said that argument reflected both a lack of any sense of proportion, and the weakness of plaintiff's case.
In Joseph v. Arpaio, 2008 U.S. Dist. LEXIS 6227 (D AZ, Jan. 28 2008), an Arizona federal district court dismissed a claim by a Muslim inmate that he was being given pork products in his meals. Defendants demonstrated that he was receiving a no-pork diet.
In Grissom v. Cole, 2008 U.S. Dist. LEXIS 7169 (D AK, Jan. 30, 2008), an Arkansas federal magistrate judge found that there were factual disputes that prevented dismissal of a prisoner's claim that defendants denied him the right to bring his Bible into the day room at the Clay County Detention Center.
Saturday, February 02, 2008
SMU Siting of Bush Institute Sparks United Methodist Church Procedural Wrangle
Romney's Attendance At Mormon Leader's Funeral Analyzed
The death of Mormon church President Gordon B. Hinckley renews attention on Mitt Romney's little-known religion — yet rather than being reluctant to discuss it, he's making a public embrace that shows some shifting political attitudes....
The death of Hinckley, and Romney's decision to attend his funeral on Saturday, underscores his connection to and stature within The Church of Jesus Christ of Latter-day Saints at a pivotal time for him: He is reaching out to conservatives for their support after a series of high-profile wins and endorsements have boosted rival John McCain's campaign.
The difference now is that Romney approaches both his ongoing campaign and the funeral rites with less tension over his religion. Contests in Iowa and South Carolina, which both have significant evangelical voting blocs, are behind him.