Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, August 12, 2008
8th Circuit Upholds Prison Grooming Rules In Split Decision
Does McCain Ad Link Obama With the Antichrist?
Cert. Petition Filed In Case Excluding Religious Material From Class Project
College Raises Church-State Issues By Program Offered Through A Church
Nigerian Prelate Blames Crime and AIDS on Ending of Religion In Schools
Monday, August 11, 2008
Good News Club Wins Preliminary Injunction On Facilities Fee
President Bush Raises Religious Freedom Issues In Beijing
Later in the day, Bush met with China's president, Hu Jintao. In remarks (full text), Bush told Hu: "As you know, our relationship is constructive and it's important and it's also very candid, and I thank you for that. And once again, I had a very uplifting experience by going to a church, and I want to thank you for arranging that, as well. It was a spirit-filled, good feeling. And as you know, I feel very strongly about religion, and I am so appreciative of the chance to go to church here in your society."
In a press briefing (full text) after Bush's meeting with Hu, Dennis Wilder, Senior Director for East Asian Affairs, said:
The President raised human rights and religious freedom. He told President Hu that this is an important aspect of the U.S.-China dialogue, and that the Chinese can expect that any future American President will also make it an important aspect of our dialogue. As the President has said, candor on these kinds of issues are part of a constructive and cooperative process between the United States and China.
The President noted that he had been to church; noted that believers will strengthen China; that he sincerely believes that China will be a better place if there is more freedom of religion. And President Hu seemed to indicate that the door is opening on religious freedom in China and that in the future there will be more room for religious believers.
Recent Articles and Books of Interest
- Larry Catá Backer, Theocratic Constitutionalism: An Introduction to a New Global Legal Ordering, Indiana Journal of Global Legal Studies, Vol. 16, No. 1, 2008.
- Josh Paul Davis & Joshua D. Rosenberg, The Immanent Structure of Free Speech Doctrine: Bong Hits, Jesus, and the Role of the Public Schools in Controlling Student Speech, (August 5, 2008).
- Christopher Scott Maravilla, The Diaspora Paradox: Integrating International Legal Norms into Domestic Law to Protect the Rights of Middle Eastern Diasporas (August 2, 2008).
- Malcolm Voyce, Buddhist 'Transgressions': The Violation of Rules by Buddhist Monks, Macquarie Law Working Paper No. 2008‐23 (June 17, 2008).
From SmartCILP:
- Diarmuid F. O'Scannlain, From Pierce to Smith: the Oregon Connection and Supreme Court Religion Jurisprudence, 86 Oregon Law Review 635-656 (2007).
- Jeffrey G. Sherman, Can Religious Influence Ever Be "Undue" Influence?, 73 Brooklyn Law Review 579-644 (2008).
- Daniel Moeckli, Human Rights and Non-Discrimination in the "War on Terror", (Oxford University Press, Jan. 24, 2008), (Table of contents and introduction from SSRN).
- Douglas Laycock, Anthony R. Picarello, Jr. & Robin Fretwell Wilson (eds.), Same-Sex Marriage and Religious Liberty, (Rowman & Littlefield, August 28, 2008), reviewed in Becket Fund release.
3 USCIRF Commissioners Are Reappointed
Recent Prisoner Free Exercise Cases
In Gooden v. Crain, 2008 U.S. Dist. LEXIS 59857 (ED TX, Aug. 6, 2008), a Texas federal district court rejected a RLUIPA challenge by a Muslim prisoner to Texas prison grooming standards that prevented him from wearing a beard. The court held that while the policy imposes a substantial burden on plaintiff's exercise of religion, the state had shown a compelling interest for the restriction and that the policy is narrowly tailored in light of administrative and budgetary concerns.
Rhoades v. Alameida, 2008 U.S. Dist. LEXIS 59349 (ED CA, Aug. 4, 2008), involved objections by a Native American prisoner that certain of his religious artifacts were destroyed by prison officials. The court said that there were disputed issues of fact that prevented granting the magistrate's recommended summary judgment for defendants on this claim. However the court dismissed plaintiff's equal protection claim, finding that the items he wanted to keep did not have the same religious significance as a Bible or Koran that were allowed to other inmates.
Palermo v. Wright, 2008 U.S. Dist. LEXIS 60014 (D NH, July 24, 2008), a New Hampshire federal magistrate judge allowed a prisoner to move ahead with 1st Amendment and RLUIPA claims that he was denied the religious diet and ritual items required by his Wicca religion.
Sunday, August 10, 2008
University of California's Rejection of Christian School Courses Upheld
On procedural and standing grounds, the court limited the as-applied challenge to rejection of literature, history, government and world religions courses offered by Calvary Chapel Christian School and one Biology course offered by another school. In rejecting plaintiffs' viewpoint discrimination challenge as to those courses, the court said: "Defendants necessarily facilitate some viewpoints over others in judging the excellence of those students applying to UC. Therefore, the decision to reject a course is constitutional as long as: (1) UC did not reject the course because of animus; and (2) UC had a rational basis for rejecting the course." The court also rejected free exercise, establishment clause and equal protection challenges.
The Californian on Friday reported on reactions from Robert Tyler, an attorney who represented Calvary Christian School in the case. Saying that they planned an appeal, Tyler remarked: "We're worried in the long term, Christian education is going to be continually watered down in order to satisfy the UC school system." University officials have approved 43 courses offered by Calvary Christian School, and test scores can be used as an alternative admissions criterion.
Air Force Chief of Chaplains Interviewed By AF Times
7th Circuit Invalidates City's Handbilling Restrictions
Judge Manion dissenting in part argued that the ordinance was a valid time, place and manner regulation and that "common sense" can be used to demonstrate the City’s substantial governmental interest in enacting the ordinance. On Friday, the Thomas More Society issued a release supporting the decision.
New York's Governor Supports Synagogue's Eruv Proposal
Maldives Ratifies New Constitution; Some Concerns Over Religious Freedom Remain
Protesters Force Closure of Malysian Lawyers' Conference
Saturday, August 09, 2008
Canadian Border Guards Keep Out Westboro Baptist Church Picketers
Work of Ohio's Faith-Based Office Is Praised
GOFBCI Director, Greg Landsman, says his agency insists that funded programs "be devoid of inherently religious activities." He says, "There can be religious symbols on the wall. But you can’t do anything religious during the time when public dollars are at play." Joyce Garver Keller, director of Ohio Jewish Communities, who is encouraging more Jewish groups to apply for faith-based funding, is trying to dispel the notion that the program is about "giving money to evangelical Christians to proselytize."
Volume of Calls To Prayer Becomes Controversial In Morocco
9th Circuit En Banc Rejects Tribes' RFRA Challenge To Snowbowl Expansion
The dissenting opinion was written by Judge Fletcher, who had authored the 3-judge panel's decision: Criticizing the majority's opinion at length, he wrote:RFRA’s stated purpose is to “restore the compelling interest test as set forth in Sherbert v. Verner ... and Wisconsin v. Yoder.... Under RFRA, a "substantial burden" is imposed only when individuals are forced to choose between following the tenets of their religion and receiving a governmental benefit (Sherbert) or coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions (Yoder)....
The only effect of the proposed upgrades is on the Plaintiffs’ subjective, emotional religious experience. That is, the presence of recycled wastewater ... will decrease the spiritual fulfillment they get from practicing their religion on the mountain. Nevertheless, under Supreme Court precedent, the diminishment of spiritual fulfillment—serious though it may be—is not a "substantial burden" on the free exercise of religion.
The majority characterizes the Indians’ religious belief and exercise as merely a "subjective spiritual experience." Though I would not choose precisely those words, they come close to describing what the majority thinks it is not describing — a genuine religious belief and exercise.... [R]eligious exercise invariably, and centrally, involves a "subjective spiritual experience."Today's Vail (CO) Daily reported on the decision. The Save the Peaks Coalition yesterday issued a statement strongly criticizing the decision. [Thanks to Robert H.Thomas for the lead.]