Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, March 02, 2008
California Court Finds No Free Exercise Right To Home School Children
Proving Jewish Lineage To Israeli Rabbinate Can Create Problems
decided to "create a place where the representatives of Judaism" aren't government clerks. Itim distributes booklets that explain to Israelis how to arrange a circumcision, marriage or funeral. It helps secular couples find rabbis sensitive to their desires for their ceremonies. For the last five years, it has run a hot line for Israelis who face trouble in the rabbinic bureaucracy. Early on, Farber began receiving calls from people unable to prove they were Jews. Many were immigrants from the former Soviet Union, but some were Americans. Even a letter from an Orthodox rabbi didn't always help. The state rabbinate no longer trusts all Orthodox rabbis.
Canadian Judge Upholds Undercover Officer's Disguise As Religious Advisor
In the defendant's trial in the Ontario Superior Court of Justice, Justice Terrence O'Connor agreed that Obeah is a religious belief system protected under the Canadian Charter of Rights and Freedoms. He also agreed that the undercover agent interfered with defendant Evol Robinson's religious practices. However he concluded that Robinson was not constrained or coerced in his religious practice because the interference was insubstantial. He was not prevented from worshiping or expressing himself spiritually. Further, O'Connor ruled, given the pressing concern about violent gun crimes, society's benefit from the sting operation outweighs the interference with religion.
Recent Prisoner Free Exercise Cases
In Scott v. Sisto, 2008 U.S. Dist. LEXIS 13349 (ED CA, Feb. 8, 2008), a California federal district court permitted a Muslim prisoner to proceed with free exercise and RLUIPA challenges to prison policy that limits him to a vegetarian diet and does not offer Halal food. Plaintiff alleges that under Islamic law, Muslims are not permitted to be vegetarians. Plaintiff's equal protection and due process claims were rejected.
In Strope v. Cummings, 2008 U.S. Dist. LEXIS 13682 (D KA, Feb. 22, 2008), a Kansas federal district court dismissed a claim by a prisoner that his Free Exercise rights and his rights under RLUIPA were violated when a prison guard interrupted him two or three times while he was kneeling and praying in his cell, asking him whether he was all right. The court noted that plaintiff may proceed on a number of other claims, including interference with religious call-out times and spoiled kosher food.
In Christiansen v. Walker, 2008 U.S. Dist. LEXIS 14147 (SD IL, Feb. 26, 2008), an Illinois federal district judge adopted a magistrate's recommendations that a default judgment be entered against one of the defendants charged with infringing plaintiff prisoner's free exercise of religion. Plaintiff claimed he was not served a vegetarian diet, was not given adequate time and space for prayer and was forced to attend Christian religious programs. The court ordered the magistrate judge to conduct a hearing on damages. (See prior related posting.)
In Low v. Stanton, 2008 U.S. Dist. LEXIS 14491 (ED CA, Feb. 26, 2008), plaintiff complained that while he was a pre-trial detainee, jail officials refused to furnish him a copy of the Quran in Arabic, offering him instead only an English translation. The jail furnishes Arabic versions (that are more expensive) only to inmates who are fluent in Arabic. In this decision, a California federal magistrate judge recommended granting summary judgment to defendants on plaintiff's Establishment Clause and equal protection claims, but permitting plaintiff to proceed on his Free Exercise and RLUIPA claims.
In Walls v. Schriro, 2008 U.S. Dist. LEXIS 14539 (D AZ, Feb. 26, 2008), a Hare Krishna prisoner alleged that his rights under the First Amendment and RLUIPA were being violated when he was denied a proper religious diet, a religious hairstyle, religious services and visitations. An Arizona federal district court granted defendants' motion for summary judgment on the claim regarding religious visits and services. It also held that defendants had qualified immunity from damage claims under RLUIPA as to plaintiff's other allegations. However the court permitted plaintiff to move ahead with his other claims.
In Whitfield v. Lawrence Correctional Center, 2008 U.S. Dist. LEXIS 14945 (SD IL, Feb. 27, 2008), an "African Hebrew Israelite" prisoner claimed he was denied religious services and programs and adequate meals that comply with his religious beliefs. He also argued that African Hebrew Israelites receive an insufficient share of religious programming funds. Finally he alleges he was forced to receive a "T.B. shot" while he was observing the Sabbath. An Illinois federal district court permitted plaintiff to move ahead with ten of his 13 claims.
In Oakes v. Green, 2008 U.S. Dist. LEXIS 15106 (ED KY, Feb. 27, 2008), a Kentucky federal district court rejected an inmate's First Amendment and RLUIPA challenges to prison grooming regulations.
Saturday, March 01, 2008
ACLU Sues Louisiana School Board Challenging ADF's Model Prayer Policy
The AP yesterday reporting on the lawsuit said that the complaint "describes three board meetings at which ministers from different Christian denominations made Christian prayers. It also says [plaintiff's] wife asked ... if she could give an invocation, but was told that was reserved for ministers of congregations or police or fire department chaplains — and that being "nondenominational" would also bar her...."
This suit may have more than local significance as the policy being challenged is a Model Prayer Policy that the Alliance Defense Fund has recommended to school boards and city councils around the country. (ADF release.)
Columnist Urges Stronger Obama Reaction To Claims He Is Muslim
What is disturbing about the campaign's response is that it leaves unchallenged the disgraceful and racist premise behind the entire "Muslim smear": that being Muslim is de facto a source of shame.... Substitute another faith or ethnicity, and you'd expect a very different response....
As the most visible target of this rising racism, Obama has the power to be more than its victim. He can use the attacks to begin the very process of global repair that is the most seductive promise of his campaign. The next time he's asked about his alleged Muslimness, Obama can respond not just by clarifying the facts but by turning the tables. He can state that while a liaison with a pharmaceutical lobbyist may be worthy of scandalised exposure, being a Muslim is not.
Gay Pride Protesters Convicted of Disorderly Conduct
EEOC Sues Nursing Home On Behalf of Sikh Woman Ordered To Remove Kirpan
Canadian Court Refuses To Order Breakaway Churches To Host Loyalists
Wife of Russia's Likely Next President Presses Religious Ties
California College Says Quaker Teacher May Not Sign Amended Loyalty Oath
High School Suspends Students For Wearing Crucifxes; Seen As Gang Symbol
Friday, February 29, 2008
7th Circuit Upholds Dismissal of FLSA Claim On Basis of Ministerial Exception
[Corrected & Revised]-- Kosovo's Orthodox Albanian Minority Says Draft Constitution Infringes Their Religious Rights
Ethnic Albanians are the majority in newly-independent Kosovo. Most of them are Muslim. About 3% are Roman Catholic. Some 5% to 6% of Kosovars are Serbs, and they are generally members of the Serbian Orthodox Church. (Background.) However, apparently there are a small number of Albanians in Kosovo who are (or wish to be) members of the Orthodox Church of Albania. An analysis published Thursday by the New Kosova Report argues that the recently released Draft Constitution of the Republic of Kosovo denies freedom of religion and belief to Kosovo's Albanian Orthodox minority.
While Article 58 provides that "the Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities," the report argues that "any Albanian wishing to worship as Orthodox will be forced to define themself as Serb." It reaches this conclusion because Article 143 of the Draft Constitution provides: "The Constitution of the Republic of Kosovo shall be interpreted in compliance with the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007. If there are contradictions between the provisions of this Constitution and the provisions of the status settlement, the latter shall prevail." The referenced Comprehensive Proposal (full text), also known as the Ahtisaari Plan, defines the Orthodox Church in Kosovo as the Serbian Orthodox Church. (Annex V).Colorado Catholic Conference Does Not Support Personhood Amendment
The proposed amendment would define "person" for purposes of Art. II, Secs. 3, 6 and 25 of the state Constitution (inalienable rights, equality of justice and due process clauses) as "including any human being from the moment of fertilization". If passed, it would presumably create substantial hurdles to in vitro fertilization practices in which some of the fertilized eggs are not implanted, as well as to some methods of contraception. This Amendment's protection of access to the courts once eggs are fertilized apparently creates the possibility of lawsuits brought on behalf of a fetus prior to birth.
Arkansas Supreme Court Hears Arguments In Buddhist Temple Election Dispute
Cuba Signs International Covenant on Civil and Political Rights
Air Force Academy Invites New Speakers After Controversial Anti-Muslim Forum
Yesterday the San Diego Union-Tribune reported that three speakers with different viewpoints have now been invited after the Academy received complaints that the earlier forum had unfairly condemned all Muslims. Mikey Weinstein, head of the Military Religious Freedom Foundation, former U.S. ambassador to Niger Joe Wilson and Islamic expert Reza Aslan, a research associate at the University of Southern California's Center on Public Diplomacy will speak to cadets on April 9.
Suit Challenges Christian Prayers At NY Town Board Meetings
Thursday, February 28, 2008
Competing Bible Study Groups In California Capitol
The fellowship group makes everyone feel okay, no matter what spiritual direction they are coming from. They are made to feel okay about their rejection of salvation in Christ alone. It is apparent too that these lost (spiritually speaking) legislators have been made to feel superior to me in their progressive religious tolerance.... Although they are pleasant men in their personal demeanor, their group is more than disgusting to our Lord and Savior. What the fellowship group offers is Jesus of Nazareth, a good moral teacher who loves everyone without distinction. This is a deadly lie. There is no true fellowship without first being reconciled to God (i.e. repentance from sin and faith in God through the work of Jesus Christ the Messiah).Assemblyman Rick Keene, who sponsors the competing group, says that both he and Drollinger think they are doing the right thing. Sen. Darrell Steinberg, who will serve as Senate president pro tem next year, was less charitable, calling Drollinger's statements "offensive," "intolerant," "troubling" and "deplorable." [Thanks to Scott Mange for the lead.]