Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, August 24, 2008
South Carolina High School Football Coaches Often Mix Religion With Coaching
Saturday, August 23, 2008
Kentucky County Tries To Delay Paying Attorneys Fees In 10 Commandments Case
Palm Beach Neighborhood Dislikes Jewish Synagogue Meeting In Private Home
Biden's Views On Religion and Church-State Issues Are Examined
Melissa Rogers has posted a number of excerpts from Biden statements on ther role of religion in public life. Other have pointed to an excerpt on YouTube of a 2007 Biden interview at the Commonwealth Club of California in which Biden discusses his views on separation of church and state. In it, Biden focuses on a quote from Jon Meacham's American Gospel: God, the Founding Fathers, And the Making of a Nation: "Religion shapes the life of the nation without strangling it."
Religiously-Grounded Substance Abuse Programs Eschew Government Funding
Meanwhile, Thursday's Forward reports on Beit T'Shuvah, the country's only Jewish residential program for drug and alcohol abuse. The Los Angeles program explicitly does not seek government funding because its treatment methodology is filled with religious content-- a 12-step program combined with Jewish spirituality. Residents study Torah each morning at 7 am, and are required to attend weekly Friday night and Saturday morning religious services
School District Cuts Off All Community Flyers To End Bias Against Religious Messages
Friday, August 22, 2008
Challenge To Pledge of Allegiance Partially Dismissed By NH Federal Court
Suing the U.S. Congress, the United States government, and three school districts, plaintiffs alleged some 16 bases on which recitation of the Pledge should be found unconstitutional or otherwise invalid. These included Establishment Clause and Free Exercise claims, as well as claims that the school district exposed children to emotional harm by requiring their presence in the classroom while the pledge is recited and a claim that the Pledge violates public policy by fostering national divisiveness. Several other parties intervened as defendants to support recitation of the Pledge.
In this decision, the court dismissed claims against the United States Congress. Relying on the "Speech or Debate" clause of the Constitution, it held that courts lack jurisdiction to direct Congress to enact or amend legislation. The court also dismissed the United States as a defendant, finding that plaintiffs lacked taxpayer standing. The United States however remains a party as an Intervenor, as do the state of new Hampshire, the Knights of Columbus and several New Hampshire school students and parents who intervened. (See prior related posting.)
3rd Circuit Rejects Free Exercise Challenge To PA Home-Schooling Regulation
The court also rejected plaintiffs' claim that a "hybrid right" calling for stricter scrutiny was involved. Rejecting the federal constitutional claims, the court remanded the state law claim to state court.Act 169 is a neutral law of general applicability. It neither targets religious practice nor selectively imposes burdens on religiously motivated conduct. Instead, it imposes the same requirements on parents who home-school for secular reasons as on parents who do so for religious reasons. Furthermore, nothing in the record suggests Commonwealth school officials discriminate against religiously motivated home education programs (e.g., denying approval of home education programs because they include faith-based curriculum materials).... The Commonwealth has a legitimate interest in ensuring children taught under home education programs are achieving minimum educational standards and are demonstrating sustained progress in their educational program.
In a concurring opinion, Chief Judge Scirica reached the merits of the state Religious Freedom Protection Act claim and found that: "Based upon the plain language of the RFPA, Parents have failed to prove by clear and convincing evidence that they have been compelled or will likely be compelled to violate a specific tenet of their religious faith."
The Home School Legal Defense Association that represented the parents said it is reviewing the decision and considering an appeal. [Thanks to Alliance Alert for the lead.]
Virginia Episcopal Diocese Loses On Two More Issues In Property Disputes
In its second opinion (full text), the court rejected claims by ECUSA and the Diocese that Virginia's Division Statute violates the Contracts Clause of the U.S. Constitution. The court concluded that the Contracts Clause protects only those contractual rights that existed before the Division Statute was first enacted in 1867. It is not enough that a congregation was in existence prior to 1867; the protection of property rights the diocese or ECUSA had in a church's property extends only to specific parcels of property acquired before 1867. Any property acquired after that date would have been acquired subject to ownership provisions in the Division Statute. Since in 1867 under Virginia law denominational bodies or dioceses could not hold title to, or obtain enforceable contractual rights in, property, the Contracts Clause does not protect any rights of the diocese or ECUSA in church properties.
Yesterday's Washington Times reported on the decision.
TRO Issued To Stop Army Construction At Comanche Religious Site
Missouri Governor Implementing Faith-Based Disaster Relief Initiative
Christian Groups Enter China, Evading Ban on Foreign Missionaries
Cleric-Penitent Privilege Held Inapplicable Where Pastor Is Not A Spiritual Advisor
(1) defendant did not ask and Brown did not offer to keep the conversation confidential; (2) Brown reached out to defendant – not as a spiritual advisor – but to protect defendant's children; and (3) Brown specifically told defendant he could not counsel him or even baptize him because defendant needed professional help. Clearly, the conversations between defendant and Brown are not protected by the privilege.Yesterday's New Jersey Star-Ledger reported on the decision.
New IRS Publication on Taxation of Churches and Religious Institutions
Thursday, August 21, 2008
New Indonesian Law Permits Sharia-Compliant Government Bonds
Clergy-Penitent Privilege Held Inapplicable When 3rd Party Is Present
Generals Criticized For Endosring Spiritual Book
Louisana Governor Will Not Renew Anti-Discrimination Executive Order
Personnel Changes At Two Federal Religion Agencies
Meanwhile, The Roundtable reports that Jay Hein, director of the White House Office on Faith-Based and Community Initiatives, has resigned effective August 29 in order to care for his father who is suffering from cancer. Hein announced his resignation last week during his regular conference call with state liaisons to religious charities. The White House is seeking a replacement for Hein. [Thanks to Melissa Rogers for this lead.]