Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, October 15, 2008
Cert. Filed In Coach's Attempt to Pray With His Team
UPDATE: Here is the Petition for Cert and the amicus brief in support of the petition filed by the American Football Coaches Association.
Monday, October 13, 2008
Tax Lien Sale For Synagogue's Back Taxes Will Be Tomorrow On Sukkot
British Ministry Report Promotes Faith-Based Partnerships In Corrections
In response to the report, the British Humanist Association issued a statement expressing "extreme disappointment at the Government’s plans to further increase and promote 'faith' in the management of offenders, both in prisons and in the community."3.3 Faith-based organisations make up a substantial part of the third sector, with a long history of working with offenders in prisons, through the gate, and in the community. This includes work that is non-faith-based; access to spiritual care and support for offenders who are of faith; and support for offenders returning to communities where faith is a strong part of the fabric of that community and where faith organisations can help build trust and acceptance and support effective reintegration.
Faith-based organisations can offer an invaluable link into communities, including to those who are not part of other networks or accessing mainstream services and support. Because religion occupies a central place in the culture and identity of many minority ethnic and refugee communities, faith-based organisations can be the principal gateway and source of support to these communities....
Forced Conversions To Hinduism Reported In India's Orissa State
Suit Claims College Students Disciplined for Praying
Opposition To Westhampton Beach NY Eruv Continues From Community
The 18-page legal brief opposing the eruv puts forth a number of arguments as to why it would violate separation of church and state limitations, despite court cases elsewhere that have approved such arrangements. In part arguments focus on the fact that under Jewish religious law, the symbolic enclosure of space needs to be accompanied by a civil government proclamation, although that could come from the governor or state attorney general instead of the village board. The brief argues that village approval of the eruv along with a proclamation would be a government act carrying out religious law. It also contends that permitting the eruv would violate the principle of neutrality, and would be endorsement of an identified religious enclave with specific geographical boundaries. [Thanks to Steven H. Sholk for the lead.]
Recent Articles and Books of Interest
- Paul Horwitz, Religion and American Politics: Three Views of the Cathedral ,(October 2, 2008).
- George P. Smith, Biotechnology, Religion, Modern Science and Law: Shaping or Testing the New Modernity? The Curse of Itching Ears, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-30 (2006).)
- Peace With Creation: Catholic Perspectives on Environmental Law. Keynote address by Archbishop Harry J. Flynn; welcome address by Sen. Amy Klobuchar; articles by William C. French, Keith Douglass Warner, John Copeland Nagle, Lucia A. Silecchia, John Hart, Andrew P. Morriss, Gregory R. Beabout, Jamison E. Colburn and Jerome M. Organ. 5 University of St. Thomas Law Journal 1-287 (2008).
Recent Books:
- John Garrard & Carol Garrard, Russian Orthodoxy Resurgent: Faith and Power in the New Russia, (Princeton University Press, 2008).
- Macel Falwell with Melanie Hemry, Jerry Falwell : His Life and Legacy, (Howard Books, 2008).
Sunday, October 12, 2008
Texas Coroner Wants Exemption From State Religious Freedom Restoration Act
Virginia School District Moves To Less Controversial Bible Curriculum
Court Rejects Use Permit For Hindu Temple Because of Deed Restrictions
Minnesota Supreme Court Challenger Focuses On Religion As Basis of Government
Christians In Iraq Flee Violence In Mosul
Recent Prisoner Free Exercise Cases
In Mitchell v. Department of Corrections, 2008 U.S. Dist. LEXIS 77624 (ED WA, Oct. 3, 2008), a Washington federal district court rejected claims by plaintiff, a Nation of Islam member, that his free exercise, RLUIPA, Establishment Clause and equal protection rights were violated by prison policies. His challenges related to the unavailability of specific NOI religious services and instruction, the ban on his wearing a colored kufi, a limitation on prayer oils, and rules relating to attendance at cultural events.
In Sullivan v. Ozmint, 2008 U.S. Dist. LEXIS 77587 (D SC, Oct. 2, 2008), a South Carolina federal district court, adopting a magistrate's recommendations, rejected complaints that Muslim inmates were allowed to pray only in common areas, and not in closed areas of the prison such as the barber shop.
In Shaw v. Norman, 2008 U.S. Dist. LEXIS 77696 (ED TX, Oct. 1, 2008), a Texas federal magistrate judge rejected dismissal of an inmate's 1st Amendment and RLUIPA claims, growing out of confiscation of his Koran, prayer rug and beads. Defendants claimed plaintiff did not have property papers for the prayer rug, the Koran had been altered with tape, and that plaintiff was improperly using the beads by wearing them around his neck.
In Johnson v. Ohio Department of Rehabilitation & Corrections, 2008 U.S. Dist. LEXIS 79483 (SD OH, Oct. 9, 2008), an Ohio federal district court permitted a Rastafarian prisoner to move ahead with his claim that subjecting him to prison grooming policies violated his 1st Amendment rights. However the court refused plaintiff's request for a temporary restraining order. (See prior related posting.)
In Muhammad v. Brumfield, 2008 U.S. Dist. LEXIS 79559 (ED CA, Oct. 6, 2008), a California federal magistrate judge ordered dismissal of a suit brought by an inmate who wished to participate in services with the Lost Found Nation of Islam. The court said plaintiff had not demonstrated any substantial burden on his religious practice.
In Wakefield v. Tilton, 2008 U.S. Dist. LEXIS 78881 (ED CA, Oct. 2, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed against one defendant with his claim that denial of a daily shower infringed his free exercise rights. The magistrate judge recommended dismissal of various other claims.
In Palermo v. White, 2008 U.S. Dist. LEXIS 80047 (D NH, Sept. 5, 2008), a New Hampshire federal magistrate judge allowed plaintiff a Wiccan, to proceed with his free exercise, RLUIPA and equal protection claims. Plaintiff alleged that as a pre-trial detainee he was denied a vegetarian diet, religious texts and religious items.
Saturday, October 11, 2008
Appeal Filed In School Graduation Speech Case
EEOC Sues Company On Behalf of Driver Fired For Not Working Sundays
Developments In Two Army Religious Discrimination Matters
Meanwhile, in an unrelated case, the AP reports that an Army trainee who physically attacked a Jewish soldier who was also in basic training at Ft. Benning will not face criminal charges. Instead he will face non-judicial punishment. The victim, Pvt. Michael Handman, and his family think the beating was motivated by anti-Semitism, since it came only a few days after Handman complained about anti-Semitic harassment by two drill sergeants. However Army investigators say the beating was not motivated by religious bigotry. (See prior related posting.)