Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, October 19, 2008
Michigan Court Upholds Social Security Number Requirement For Drivers License
In an interesting footnote, however ,the court rejected the state's alternative argument that it has a compelling interest in obtaining the federal funding that is available only if it complies with CSEPA. The court said: "It would indeed be troubling to conclude that Michigan can, without state constitutional ramifications, effectively burden a citizen's free exercise of religion, or any constitutional right, if sufficient monies are thrown in its direction by the federal government."
Recent Prisoner Free Exercise Cases
In Vann v. Hernandez, 2008 U.S. Dist. LEXIS 80272 (ED CA, Oct. 6, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claims that correctional officers used excessive force against him and trashed his cell at least in part because he is Jewish, and that they retaliated against him based on his religion. However the court found no allegations supporting a free exercise claim.
In Torres v. Snyder, 2008 U.S. Dist. LEXIS 80749 (ED CA, Sept. 23, 2008), a California federal magistrate judge dismissed for lack of supporting factual allegations a free exercise claim brought by a prisoner who complained that correctional staff refused to believe that he is white.
In Moro v. Winsor, 2008 U.S. Dist. LEXIS 71705 (SD IL, Sept. 22, 2008), an Illinois federal district court accepted in part and rejected in part a magistrate's recommendations (2008 U.S. Dist. LEXIS 82525, Aug. 5, 2008) in a case brought by a Gnostic Catholic prisoner. Plaintiff alleged delays in receiving religious materials, denial of the opportunity to gather in the chapel or on religious feast days, and prohibition of certain religious items, as well as other violations. The court found that issues of fact remain for determination in plaintiff's free exercise and RLUIPA claims against certain of the defendants, and that some claims for injunctive relief are not moot even though he has been moved to a different facility.
Complaints Aired Over Ban on Teachers At "See You At the Pole"
Saturday, October 18, 2008
Alabama School Board Seeks To Fend Off Litigious Preacher
California's Proposition 8 Pushed By Religious Groups, Especially Mormons
Proposition 8 has exploded into the most expensive, extensive gay-marriage battle ever. The forces pushing it include all the Mormons who've made individual campaign donations totaling more than $9 million (more than 40 percent of the war chest...). Conservative Catholics, including the Knights of Columbus, have kicked in more than $1 million. Other notable backers include Dobson's Focus on the Family (about $500,000), a wealthy board member of that group ($450,000), an Orthodox Jewish group based in New York City, evangelical groups from all over, miscellaneous Baptists and Muslims and Sikhs, the National Organization for Marriage (about $950,000), the American Family Association ($500,000), a couple of right-wing foundations ($1.5 million), and countless Republicans who don't necessarily belong to any of the other groups.
Louisiana Governor Criticized For State Travel To Worship In Various Churches
Justice Department 2007 Memo Says RFRA Trumps Non-Discrimination Law
In the memo, OLC concluded that requiring World Vision to comply with the JJDPA nondiscrimination provision would substantially burden its religious exercise, and enforcing the religious nondiscrimination provision would not further a compelling governmental interest. Some civil rights groups took strong exception to the newly released memo. ACLU senior legislative counsel Christopher E. Anders called it "the church-state equivalent of the torture memos."
Vietnam Official Wants Hanoi Archbishop Ousted
Vatican Issues Commentary on Religion and Government
[This] means: "Give to Caesar what God himself wants to be given to Caesar." ... We are not divided between two loyalties; we are not forced to serve "two masters." The Christian is free to obey the state, but he is also free to resist the state when it goes against God and his law.... [Y]ou must first obey God and your own conscience....
Paying appropriately levied taxes is for the Christian ... a duty of justice and therefore an obligation of conscience.... The "Catechism of the Catholic Church" reminds us that tax evasion, when it reaches certain proportions, is a mortal sin.... It is stealing ... from the community, that is, from everyone. Naturally, this supposes that the state is just and equitable in imposing taxes.
Christian cooperation in building a just and peaceful society does not stop at paying taxes; it must also extend itself to the promotion of common values such as the family, the defense of life, solidarity with the poor, peace. There is also another sphere in which Christians must make a contribution to politics.... Christians must help to remove the poison from the climate of contentiousness in politics, bring back greater respect, composure and dignity to relationships between parties....
Friday, October 17, 2008
7th Circuit Limits Taxpayer Standing In Suit Seeking Restitution From Notre Dame
Philippines House Passes Bill To Ban Religious Labels In Reporting On Criminal Suspects
Groups Criticize Kyrgyzstan's Proposed Religion Law
The proposed law will also ban the free distribution of religious literature. Parliamentary Deputy Zainidin Kurmanov, one of the law's authors, said: "It is very unpleasant when you are on the street when someone comes up to you and forces on you their ideas on their religion." He also said that extremist literature is being distributed as religious tracts.
Policy Change On Gay Pride Parade Results In Injunction Denial For Firefighters
Virginia Break-Away Anglican Congregations Score Another Victory
This ruling follows another important one made on September 26 in which Judge Bellows rejected challenges by the Episcopal Church to the validity of the votes authorizing eleven conservative congregations to break away from the Episcopal Church. The court now must still decide on the ownership of a handful of additional properties, including whether a 276-year-old church once attended by George Washington belongs to the Christ Episcopal Church in Alexandria. (See prior related posting.)
Texas Atheist Group Releases Voters Guide
Thursday, October 16, 2008
Court Dismisses Church's Challenge To Closure Ordered By Synod
Texas Appoints 3 Anti-Evolutionists To Curriculum Review Panel
It's simply stunning that any state board members would even consider appointing authors of an anti-evolution textbook to a panel of scientists.... Texas universities boast some of the leading scientists in the world.... It’s appalling that some state board members turned to out-of-state ideologues to decide whether Texas kids get a 21st-century science education.[Thanks to Scott Mange for the lead.]
Consent Decrees In Two Christian Free Speech Cases
ADF has also announced a consent decree in a second case, Foht v. Village of Kewaskum, (ED WI, Oct. 14, 2008). Plaintiff, who was placing Christian literature on the door handles of residences was threatened with fines under a village ordinance banning various kinds of literature distribution. Subsequently the Village repealed the ordinance. In the consent order, the court found that the prior ordinance was facially unconstitutional, but dismissed the lawsuit without prejudice. The Village agreed to pay nominal damages and plaintiff''s attorneys fees.