Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, July 31, 2008
US Agency Calls For President To Press China On Religious Freedom
Meanwhile, the International Campaign for Tibet published an English translation of an official government document that outlines new measures to be taken against Buddhist monasteries and monks in Tibet in the wake of protests against Chinese rule. The document, issued by the Kardze Tibetan Autonomous Prefecture in Sichuan province, calls for measures that are characterized by Tibetans as reminiscent of China's Cultural Revolution. (See prior related posting.)
New Lawsuit Challenges New York's Enforcement of Kosher Inspection Laws
Turkey's Ruling Party Avoids Dissolution For Anti-Secular Activities In Close Court Decision
Today's Zaman gives more detailed information on Wednesday's court decision, and a backgrounder on the closure of political parties in Turkey. At the center of the decision are provisions in Articles 68 and 69 of Turkey's Constitution:
In Wednesday's decision, 6 of the court's 11 judges voted to dissolve the party, one vote short of the 7 needed for dissolution. Four other judges voted to cut the AKP's state funding. Only Chief Justice Haşim Kılıç voted against imposing any sanctions. In announcing the Court's decision, the Chief Justice urged politicians to amend Turkish law to make it more difficult to bring cases seeking closure of political parties in order to avoid the kind of political crisis that this case has generated.68(4)... The ... activities of political parties shall not be in conflict with the independence of the state, its indivisible integrity..., human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and secular republic...
69(7) The decision to dissolve a political party permanently owing to activities violating the provisions of the fourth paragraph of Article 68 may be rendered only when the Constitutional Court determines that the party in question has become a centre for the execution of such activities....
(8) Instead of dissolving them permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned party to be deprived of State aid wholly or in part with respect to intensity of the actions brought before the court.
Wednesday, July 30, 2008
Chabad Wins On Challenge To Florida City's Zoning Rules
Korean Buddhists Complain About Treatment From Christian President
Court Rejects Free Exercise Exemption From Law Numbered "666"
Establishment Clause Challenge To Mt. Soledad Cross In Federal Hands Is Rejected
British City Charged With Religious Discrimination Over Internet Filters
UPDATE: According to an Augl 15 release by the national Secular Society, the city of Birmingham says it does not intend to filter out websites dealing with atheism, and a new version of the filtering software it is using apparently allows them to exclude blockage of such sites.
Tuesday, July 29, 2008
Catholic Anti-War Demonstrators May Not Assert "Necessity" Defense
Spanish Gay Pride Marchers Charged With Insulting Catholics
Kazakstan Expels Unregistered Foreign Missionaries
Court Rejects Amish Free Exercise Defense In Building Permit Cases
British Court Says Sikh Girl Can Wear Kara To School
Recent Prisoner Free Exercise Cases
In Hathcock v. Cohen, (11th Cir., July 23, 2008), involved claims by a Muslim prisoner that he was prevented from wearing a Kufi, attending Friday prayer services and eating kosher meals on some days during Ramadan. The U.S. 11th Circuit Court of Appeals held that RLUIPA does not create a private action for damages against prison officials in their individual capacities. The court then rejected plaintiff's First Amendment claims, holding that the requirement to obtain approval for religious attire was reasonable as was the reliance on volunteer chaplains to conduct Jumu'ah services. The temporary failure to receive kosher meals was an oversight that was corrected by prison officials.
In Wolff v. Perkins, 2008 U.S. Dist. LEXIS 55815 (D NH, July 21, 2008), a New Hampshire federal district court dismissed as moot a prisoner's claim that his rights under RLUIPA were violated when his kosher meal privileges were temporarily revoked because he had violated the requirements of a kosher diet. Revised prison policies bar the food service supervisor from suspending an inmate's kosher diet, and instead refer such inmates to the chaplain for counseling. (See prior related posting.)
In Heleva v. Kramer, 2008 U.S. Dist. LEXIS 55027 (MD PA, July 16, 2008), a Pennsylvania federal district court rejected an inmate's First Amendment and RLUIPA challenges to a prison rule that packages containing books will be delivered to prisoners only if sent directly from the publisher. Confusion about the source of two religious books shipped to plaintiff resulted in an 8-month delay in his obtaining them. (See prior related posting.)
In Stanko v. Patton, 2008 U.S. Dist. LEXIS 56269 (D NE, July 24, 2008), a Nebraska federal district court rejected First Amendment claims by a litigious white supremacist prisoner who claimed to be an ordained minister of a non-Christian white supremacist religion known as the Church of the Creator. Plaintiff asserted that he was entitled to a holy meal of fresh fruits and nuts to break his religious fast. The court held that there are legitimate cost and security reasons for refusing the special food items. It concluded: "Hate is not a religion and jails do not have to provide nuts and fresh fruits to satisfy the whims of haters." (See prior related posting.)
Establishment Clause Does Not Prevent Court's Deciding Dispute Over Burials
Sharon Attal petitioned a court to have the body of her mother-- Joan Taylor-- removed from a crypt where it had been interred in 1988, and buried in a Jewish cemetery. Joan was born Jewish, but during most of her life was a practicing Presbyterian, and raised her children as Presbyterians. However in 1989, Joan's daughter Sharon began practicing Judaism. When Sharon's brother Mark died, Joan disregarded his instructions that his body be placed next to their mother's, and instead Joan had Mark buried in a Jewish section of a cemetery. Subsequently, Sharon entered an arrangement with her other brother, Dennis, to move their mother Joan's remains to the Jewish cemetery next to Mark, and to transfer the crypt space for use by Dennis and his wife. The fourth sibling, John, however objected, and the cemetery refused to move Joan's body unless a court order was obtained.
When Sharon petitioned the court to have her mother's body moved, John petitioned the court instead to have Mark's body moved from the Jewish cemetery back to the crypt next to their mother, as Mark had originally requested. The trial court denied Sharon's petition and granted John's. The Court of Appeals affirmed, concluding that it could apply neutral principles to resolve the dispute, without becoming entangled in questions of religious doctrine. While the trial court elicited evidence on whether or not Joan and Mark had been practicing Jews, this was relevant to the neutral inquiry regarding their wishes as to the disposition of their remains.
India Supreme Court Considering Constitutionality of Haj Subsidy
Lithuania Grants Recognized Status To Seventh-Day Adventists
Monday, July 28, 2008
Ukrainian President Wants National Church Separate From Moscow Patriarchate
UPDATE: On Wednesday, Archbishop Ionafan representing the Ukrainian Orthodox Church of the Moscow Patriarchate strongly criticized President Yushchenko's bid for an independent Ukrainian church. According to Interfax, Ionafan said Yushchenko "abused his authority, violated the constitution and ignored the opinion of hierarchs on the unity of the Russian Orthodox Church."
California Buddhist Temple In Complex Litigation Over Control of Assets
On July 2, a Superior Court judge appointed a receiver to manage the finances of the Khmer Buddhist Association, but the temple leadership refused to turn over assets or records to the receiver. On July 8, Siphann Tith, president of the Khmer Buddhist Association, told the receiver that most of the assets had been donated him to a newly formed organization called "Wat Khmer Vipassaram" and had been put under the supervision of the Church of Revelation, a Gnostic church in Orange. (Press-Telegram, July 15).
On Saturday the Press-Telegram reported that the Church of Revelation filed suit in federal court alleging that the court-appointed receiver, David Pasternak, and ten others attempted to improperly seize the assets that were donated to it by the Buddhist temple. The suit challenges the order of the state Superior Court judge that threatened contempt charges if the temple's assets are not turned over to the receiver. The federal lawsuit argues that the temple's donation of assets to the church is protected under First Amendment's Free Exercise clause. The complaint alleges that by divesting itself of all its assets, the temple's board was following the teachings of its religion's founder, Siddhartha Gautama.
South Dakota High Court Issues 3 Decisions On Inmate's Kosher Food Claim
In Sisney v. State of South Dakota, (SD Sup. Ct., July 23, 2008), the court held that Sisney was not a third party beneficiary to a contract between the state and a food services supplier under which the supplier was to furnish prison meals-- including those to accommodate religious requirements-- which averaged 2500 to 2700 calories per day.
In Sisney v. Reich, (SD Sup. Ct., July 23, 2008), the court allowed Sisney to move ahead with his claim that he was a third-party beneficiary of a settlement agreement between the Department of Corrections and a former inmate. Under that agreement, DOC agreed to provide a kosher diet to all Jewish inmates who requested it, including prepackaged kosher meals for lunch and dinner. Sunday's Bismarck Tribune reported on the decisions. (See prior related posting.)