Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, September 23, 2008
Tomorrow Is "See You At the Pole 2008"
UPDATE: The AP reports (9/24) Americans United executive director Barry Lynn says that teachers who participate in SYATP may be unconstitutionally endorsing religion. He also objected to pastors participating in the student-led events.
Illinois County Sign Ordinance Challenged
Monday, September 22, 2008
A Church-State Aside On the Proposed Financial Bailout
USCIRF Criticizes State Department For Failing To Update CPC List
Rome's Ceremony Marking End of Papal States Shows Current Church-State Divide
Recent Articles, Books & Movie of Interest
- Tsun Hang Tey, Excluding Religion from Politics and Enforcing Religious Harmony, (Singapore Journal of Legal Studies, pp.118-142, July 2008).
- Haemala Thanasegaran, Growth of Islamic Insurance (Takaful) in Malaysia: A Model for the Region?, (Singapore Journal of Legal Studies, pp.143-164, July 2008).
- Oren Gazal-Ayal & Raanan Sulitzeanu-Kenan, Let My People Go? Ethnic Bias of Jewish and Arab Judges in Pretrial Detention Decisions in Israel, (September 14, 2008).
- Andrew M.M. Koppelman, Corruption of Religion and the Establishment Clause, (William & Mary Law Review, Vol. 50, 2008).
- Cynthia Lee, Hate Crimes and the War on Terror, (in Hate Crimes: Perspectives and Approaches, Barbara Perry, ed., 2008).
- Nicholas M. Gaunce & Robert Luther, Deliver Us from Evil: Why Bankruptcy Judges May Properly Rely on the Free Exercise Clause & RFRA to Protect Church Property from the Grasps of Tort-Creditors, (Valparaiso University Law Review, Vol. 43, 2009).
- Lyman P. Q. Johnson, A Role for Law and Lawyers in Educating (Christian) Business Managers about Corporate Purpose, (U of St. Thomas Legal Studies Research Paper No. 08-22, Aug. 29, 2008).
From SmartCILP:
- Thomas Barfield, Culture and Custom in Nation-Building: Law in Afghanistan, 60 Maine Law Review 347-373 (2008).
- Jill Marshall, Conditions for Freedom? European Human Rights Law and the Islamic Headscarf Debate, 30 Human Rights Quarterly 631-654 (2008).
- Eric J. Segall, The Taxing Law of Taxpayer Standing, 43 Tulsa Law Review 673-696 (2008).
- John Witte, Jr. Prophets, Priests, and Kings: John Milton and the Reformation of Rights and Liberties in England, 57 Emory Law Journal 1527-1604 (2008).
Recent Books:
- Douglas W. Kmiec, Can a Catholic Support Him? Asking the Big Questions about Barack Obama, (The Overlook Press, Sept. 2008). (Excerpt on Beliefnet).
- Rodney Stark, What Americans Really Believe, (Baylor Univ. Press, 2008), reviewed in The Lariat.
New Movie:
- Bill Maher, Religulous (Lionsgate, Oct. 2008).
USCIRF Objects To Religious Groups' Invitation To Iranian President
Sunday, September 21, 2008
Nebraska Meat Packing Plant Faces Contentious Religious Accommodation Issue
The ... United Food and Commercial Workers Union Local 22 announced a compromise that would allow Muslims to take breaks to pray and eat shortly after sunset. Then an estimated 1,000 non-Muslim workers, including Hispanics, whites and Christian Sudanese refugees — walked off the job on Wednesday. They were protesting what they viewed as unfair treatment favoring the Muslims. The compromise was withdrawn. About 50 to 80 Muslim workers then walked off the job Thursday, despite the threat of termination. When some tried to return to work Friday, they were told they had been fired.... JBS Swift officials said in a statement Friday they were working with employees and the union to resolve the problems.
Minister In Battle With Pennsylvania Town Over Use of Church For Homeless
Feds Raid Arkansas Church Headquarters In Child Pornography Investigation
Recently Available Prisoner Free Exercise Cases
In Joshlin v. Maricopa County Sheriff's Office, 2008 U.S. Dist. LEXIS 69385 (D AZ, July 22, 2008), an Arizona federal district court rejected a prisoner's complaint that his free exercise rights were violated when he was placed in segregation for having dreadlocks, and when authorities refused to provide him with a copy of the Quran or arrange religious visitations. He was told that if he wished to keep his non-pork religious diet, he must cut his hair because his Muslim faith does not prohibit cutting hair
In Stine v. Wiley, 2008 U.S. Dist. LEXIS 69699 (D CO, Sept. 16, 2008), a Colorado federal district court accepted a magistrate judge's recommendation to dismiss a prisoner's free exercise complaint that he was not permitted to watch religious television programing.
In Percival v. Office of the Governor, 2008 U.S. Dist. LEXIS 70356 (SD TX, Sept. 10, 2008), a Texas federal district court dismissed as frivolous a claim by a Messianic Jewish inmate that requiring him to shave his beard infringed his free exercise rights.
Pakistan Church Wants Government To Intervene In Kidnapping Case
Saturday, September 20, 2008
House Bill Would Assure Right To Post Mezuzahs On Condo Unit Doors
a rule or policy that prevents a person from displaying, on the basis of that person’s religious belief, a religious symbol, object, or sign on the door, doorpost, entrance, or otherwise on the exterior of that person’s dwelling, or that is visible from the exterior of that dwelling, unless the rule or policy is reasonable and is necessary to prevent significant damage to property, physical harm to persons, a public nuisance, or similar undue hardship.Yesterday's New York Sun reports on the legislation that has three other co-sponsors.
NY Social Service Department Suing To Get Heart Surgery For Amish Child
Indian Police Arrest Hindu Activist After Series of Church Attacks
NY Court Orders Specific Performance of Land Sale By Religious Corporation
Friday, September 19, 2008
State Department Issues 2008 Report On International Religious Freedom
The report identifies five categories of infringements upon religious freedom prevalent in various parts of the world:
First, the most severe abuses take place in certain totalitarian and authoritarian regimes that seek to control religious thought and expression.... Second, serious abuses occur in contexts of state hostility toward minority or nonapproved religious groups.... A third category of abuse stems from a state's failure to address forces of intolerance against certain religious groups.... Fourth, abuses occur when governments have enacted discriminatory legislation or taken concrete action to favor majority religions.... A fifth category involves the practice of discriminating against certain religions by identifying them as dangerous "cults" or "sects."The report was sent to Congress as required by Sec. 102(b) of the International Religious Freedom Act of 1998.
UPDATE: The remarks of Secretary of State Condoleezza Rice and the remarks and lengthy Q&A of Ambassador at Large for International Religious Freedom John V. Hanford III at the press conference releasing the Report are available from the State Department's website. Both included in their remarks criticism of proposals at the UN by the Organization of the Islamic Conference to promote the concept of defamation of religion.
Good News Club Suit In Virginia Settled
Suit Challenges DC Land Swap With Christian Homeless Shelter
Today's Washington Post and a release from the ACLU report that plaintiffs include taxpayers plus two homeless men who do not go to the Mission's current shelter because the Mission requires all residents to attend nightly Christian worship services. The Mission also requires all employees and volunteers to be Christians. The complaint in Chane v. District of Columbia asks that either the land swap be blocked, the Mission not engage in religious activities at the new building it is receiving from DC, or that the Mission pay fair market value for the building. Plaintiffs say the shelter is free to engage in religious activity, but not when it is subsidized by government funds. (See prior related posting.)