Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, April 30, 2008
President Proclaims May As Jewish American Heritage Month
Recent Scholarly Articles and Movies of Interest
- David N. Wagner, Religion and State: An Ecclesiological Perspective, (April 26, 2008).
- Patrick McKinley Brennan, "What's the Matter with You Catholics?" Soundings in Catholic Social Thought: "Traditions in Turmoil" by Mary Ann Glendon, (Journal of Law, Philosophy and Culture, Vol. 2, No. 1, 2008).
- Anita L. Allen, Undressing Difference: The Hijab in the West, (U of Penn Law School, Public Law Research Paper No. 08-18, April 29, 2008).
- David Lawrence Clingingsmith, Asim Ijaz Khwaja, Asim & Michael Kremer, Estimating the Impact of the Hajj: Religion and Tolerance in Islam's Global Gathering, (HKS Working Paper No. RWP08-022, April 2008).
- David A. Simon, Register Trademarks and Keep the Faith: Trademarks, Religion, and Identity, (April 28, 2008).
- Nina J. Crimm, Muslim-Americans' Charitable Giving Dilemma: What About a Centralized Terror-Free Donor Advised Fund?, (Roger Williams Law Review Symposium Issue, Vol. 13 , 2008).
From ACS:
- Edward Correia, A Constitutional Framework for Addressing Religious Viewpoints in Public Classrooms, (April 21, 2008).
From SmartCILP:
- Kenneth A. Klukowski, In Whose Name We Pray: Fixing the Establishment Clause Train Wreck Involving Legislative Prayer, 6 Georgetown Journal of Law & Public Policy 219-282 (2008).
- Samuel J. Levine, Taking Ethical Obligations Seriously: A Look At American Codes of Professional Responsibility Through a Perspective of Jewish Law and Ethics, 57 Catholic University Law Review 165-202 (2007).
- Jana R. McCreary, This Is the Trap the Courts Built: Dealing With the Entanglement of Religion and the Origin of Life in American Public Schools, 37 Southwestern University Law Review 1-67 (2008).
- Peter Irons, Darwin, Dogma, and Definitions: A Reply to Professor McCreary, 37 Southwestern University Law Review 69-82 (2008).
- Jana R. McCreary, Focusing Too Much On the Forest Might Hide the Evolving Trees: A Response to Professor Irons, 37 Southwestern University Law Review 83-96 (2008).
New Movies:
- Constantine's Sword (2007), reviewed in New York Times.
- Expelled: No Intelligence Allowed (2007), reviewed in New York Times. [Updated]
Obama Denounces His Pastor As Religion Continues Importance In Campaign
Tuesday, April 29, 2008
Recently Available Prisoner Free Exercise Cases
In Shilling v. Crawford, 2008 U.S. Dist. LEXIS 33567 (D NV, March 12, 2008), a Nevada federal district court held that defendants were entitled to qualified immunity in a suit by an inmate who claimed that his rights under RLUIPA were violated when his request for a kosher diet was accommodated only by offering to transfer him to a higher security facility at which such meals were available.
Rose v. Masiey, 2008 U.S. Dist. LEXIS 33499 (SDNY, Feb. 19, 2008), is one of over a dozen suits filed by Muslim inmates challenging the handling of food and related items at Rikers Island prison facility, and the failure to identify non-Halal food at the prison commissary. The court denied most of defendants' motions to dismiss, except that claims against certain of the corrections officers named as defendants were dismissed on the ground of qualified immunity.
Malik v. Ozmint, 2008 U.S. Dist. LEXIS 33904 (D SC, Feb. 13, 2008), involved a RLUIPA challenge to a South Carolina prison policy that prevented plaintiff from wearing his kufi outside of his cell. A federal magistrate judge recommended that the claim be dismissed without prejudice on exhaustion grounds, but that on the merits prison authorities had not justified the restriction. The court rejected plaintiff's claims that his right to fast during Ramadan was infringed by untimely meal deliveries.
Convicted Murderer Waives Appeals Partly for Religious Reasons
British Catholic Adoption Agency Becomes Secular To Avoid Gay Adoption Mandate
7th Circuit Upholds RLUIPA Claim; Concurrence Criticizes RLUIPA
Judge Evans concurred, but included in his opinion an interesting attack on RLUIPA:
Clearly, without RLUIPA, this case would have been dead in the water when it was filed because declining Koger’s request for a nonmeat diet would not have violated the United States Constitution....
Because Mr. Koger is out of prison... his request for injunctive relief is moot. And because he was in prison when the case arose, he must proceed under the Prisoner Litigation Reform Act, which takes compensatory and punitive damages off the table as he suffered no “physical injury” but only, at best, a “mental or emotional injury.” And that limits his recovery to nominal damages.
So when all is said and done, the State of Illinois has spent a lot of money defending this case for six years. Koger may end up with a dollar, and his lawyer, Jeffrey L.Oldham, who by the way has done an outstanding job, will get a limited amount of attorney’s fees. A waste of time? Some may disagree, but I lean towards saying “yes.”
Florida Chambers Pass Competing Bills On Teaching of Evolution
Malaysia Agency Rejects Prime Minister's Proposal On Conversions
Monday, April 28, 2008
Supreme Court Upholds Indiana Voter ID Law, But Majority Question Burden on Religious Objectors
Under Indiana's law, even though religious objectors may obtain state drivers licenses without a photo on them, these do not suffice for voting purposes. Those voters must cast a provisional ballot in every election, and then each time travel to the circuit court clerk's office within ten days and execute an affidavit. Justice Stevens, writing for three justices, said (at fn. 19):
Presumably most voters casting provisional ballots will be able to obtain photo identifications before the next election. It is, however, difficult to understand why the State should require voters with a faith-based objection to being photographed to cast provisional ballots subject to later verification in every election when the BMV is able to issue these citizens special licenses that enable them to drive without any photo identification.Justice Souter, writing in dissent for himself and Justice Ginsberg, said:
regardless of the interest the State may have in adopting a photo identification requirement as a general matter, that interest in no way necessitates the particular burdens the Voter ID Law imposes on poor people and religious objectors. Individuals unable to get photo identification are forced to travel to the county seat every time they wish to exercise the franchise, and they have to get there within 10 days of the election.... Nothing about the State's interest in fighting voter fraud justifies this requirement of a post-election trip to the county seat instead of some verification process at the polling places.Justice Breyer's dissent also found the burden on those lacking the required ID to be disproportionate, though his opinion focuses primarily on the burden imposed on indigents. On the other hand, Justice Scalia writing for himself, Justice Thomas and Justice Alito saw no problem in treating the ID requirement as merely a neutral law of general applicability for which the state is not required to create a religious exemption. The New York Times reports further on the decision. [Thanks to Blog from the Capital for the lead.]
Fellowship of Christian Athletes Sues Middle School After Field Trip Denial
Indian State Implements Anti-Conversion Law
Meanwhile, according to Zee News, near Mumbai on Sunday some 1,793 individuals underwent reconversion to Hinduism as part of a campaign by Narendra Maharaj who says he has reconverted over 42,000 people mainly in the tribal areas of Maharashtra, Gujarat and Maharashtra.
9th Circuit Says School Can Require Relgious Clubs Be Open To All
Florida Commission Approves Constitutional Proposal For School Vouchers
Earlier this month, the voucher amendment fell one vote short of the 17 needed for its approval. However on Friday, 19 members of the Commission voted in favor of it, apparently in exchange for the Commission's also approving a proposed amendment that would lower property taxes by 25% and replace the lost revenue with other sources including an increased sales tax. Altogether, the Commission has approved seven constitutional amendments for the November ballot, including one that would repeal the state's "Blaine Amendment" ban on public financial aid to religious institutions. (See prior posting.)
Sunday, April 27, 2008
Japanese Man Charged For Dumping Buddhist Altar Beside Expressway
Episcopal Church Sues For Property of Break-Away California Diocese
FLDS Mothers Unsuccessful So Far In Seeking Return of Children
Meanwhile, Texas Rangers continue to investigate charges that the original call to authorities that led to the raid was not authentic. (See prior posting.) An arrest warrant (full text) has been issued for a Colorado Springs, CO woman, Rozita Swinton, who has a history of making false reports of abuse.
Meanwhile an AP story published Friday says that the breadth of the custody order issued in Texas raises constitutional issues. Jessica Dixon, director of SMU Law School's Child Advocacy Center described the order as an unprecedented "class-action child removal". Of particular concern is whether there was justification for removing the 130 children under five years of age, and the over two-dozen teenage boys, none of whom apparently had been the victims of abuse. Also apparently not all residents of the Ranch practiced polygamy. A Child Protective Services spokesman said that the state has no way to protect the young children from possible future abuse if they remain at the Ranch.
Birminghm, AL Mayor Holds Sackcloth and Ashes Prayer Rally to Fight Crime
UPDATE: Here is the full text of the mayor's Proclamation declaring the day for prayer in sackcloth and ashes. [Thanks to Dispatches From the Culture Wars for the lead.]
Florida Court Rejects Religious Defense To Unlicensed Midwifery Charges
Meanwhile Saturday's Houston Chronicle features a story about a Pennsylvania midwife who is appealing a cease and desist order issued against her by the Pennsylvania State Board of Medicine. Diane Goslin served many in Pennsylvania's Amish community. She is a certified professional midwife, but not a nurse-midwife as required by Pennsylvania law. (See prior related posting.)