Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, June 26, 2008
Justice Official Awarded Grant To Former White House Faith-Based Official
Reacting to the report (press release), Interfaith Alliance president C. Welton Gaddy said: "This incident of cronyism removes all doubts that the real mission of the faith-based initiative is to aid the Religious Right." [Thanks to Blog from the Capital for the lead.]
NY High Court Finds No Fiduciary Breach In Rabbi's Affair With Congregant
Yesterday's Newsday reported on the decision. [Thanks to J.J. Landa for the lead.]Allegations that give rise to only a general clergy-congregant relationship that includes aspects of counseling do not generally impose a fiduciary obligation upon a cleric....
Although she contends that Tendler's ulterior motive for inducing the sexual relationship was the fulfillment of his own gratification, rather than the achievement of Marmelstein's goals, Marmelstein has shown only that she was deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests. In the absence of a prima facie showing that a fiduciary obligation was owed by Tendler, no cause of action can be maintained for an extended voluntary sexual affair between consenting adults, even if Marmelstein could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct (see Civil Rights Law § 80-a).
Wednesday, June 25, 2008
Bush Meets With Vietnamese Prime Minister; Discusses Religious Freedom
County Seeks State Department Views On Saudi Academy
Lawsuit Challenges Georgia Restrictions On Sex Offenders As Church Volunteers
The new statute ... intrudes upon core church functions and decisions. Under SB1, people on the registry cannot follow their faith's commandments to perform good works. And, despite a religious organization's own desires and decisions, it may not ever employ a person on the sex offender registry or ask such a person t volunteer as a choir member, serve on a church committee, or perform any other function. Even helping a pastor with Bible study or preparing a meal in a church kitchen will subject people on the registry to prosecution and imprisonment.Plaintiffs also filed a Brief in Support of the Motion. The SCHR press release announcing the lawsuit contains links to other documents in the case as well. AP also reports on the litigation.
NJ Court Says Charitable Immunity Bars Slip & Fall Suit By Mother of Member
Amici File Briefs In "Seven Aphorisms" Case
Dobson Sharply Attacks 2006 Obama Speech
University of South Carolina Settles Student Funding Litigation
Israeli Chief Military Rabbi Given Sensitive Task As To Kidnapped Soldiers
Arutz Sheva reported yesterday that the IDF Chief Rabbi, as the military's highest religious authority, is generally the one given this task-- usually after intelligence services have concluded that individuals are not alive. However, Ehud Goldwasser's family may petition the High Court of Justice to prevent the IDF from beginning the process of determining whether the men should be classified as dead. Meanwhile, Haaretz says the fact that the men's files have been turned over to the Chief Rabbi signals that the deal with Hezbollah will not happen. It reports that intelligence officials object to releasing terrorist Samir Kuntar as part of the deal without resolution of the fate of a third missing Israeli, airman Ron Arad.
Tuesday, June 24, 2008
Michigan Supreme Court Will Not Review Witness' Religious Rights In Being Sworn
6th Circuit Reverses Dismissal of Campus Evangelist's Claims
U.S. Muslims Frustrated With Obama's Distance From Them
UPDATE: Last Saturday's Wall Street Journal carried an article on the same topic.
Israel High Court Refuses To Block Jerusalem Gay Pride Parade
Consultant Sues Wisconsin Diocese After Pressure To Turn Over Confidential Data
Pew Forum Issues New Report On Religious Views of Americans
Recent Prisoner Free Exercise Cases
In Harvey v. Adams County Sheriff's Office, 2008 U.S. Dist. LEXIS 46390 (D CO, June 4, 2008), a Colorado federal magistrate judge ruled that a material factual dispute exists over whether an institution's vegetarian diet met a Muslim prisoner's religious needs. He also found that defendants did not show it was reasonable to deny Muslim inmates access to the institution's kosher diet-- in the absence of available Halal food. Plaintiff's rights under the 1st Amendment, RLUIPA and the equal protection clause were not violated, however, when officials failed to provide him a copy of Hadith -- a religious book or hold Muslim religious services.
In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 45901 (SDNY, June 12, 2008), a New York federal magistrate judge recommended granting of summary judgment to defendants in a case in which a prisoner asserted violations of his rights when he was denied kosher meals on four occasions during his transfer between institutions. The court also rejected his claim that his request to transfer institutions was denied on racial grounds. [Corrected].
In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 47544 (D ME, June 19, 2008), a Maine federal magistrate judge, after having earlier dismissed some of plaintiffs' claims for failure to exhaust administrative remedies (2008 U.S. Dist. LEXIS 47543), recommended that summary judgment be entered for defendant on claims by Native American prisoners regarding a shelter for their ceremonies, the right to have pow wows and feasts, the availability of a sweat lodge, and an entitlement to more funding. Much of the opinion criticizes counsel on both sides for their scanty presentation of facts and legal arguments.