Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, November 01, 2008
VA High Court Approves Tax Exemption For Upscale Retirement Community
Tax Incentives By Tennessee County For Bible Park Questioned
Friday, October 31, 2008
Vermont Candidate Places Anti-Semitic Statements In State Voters' Guide
Are any of the people, in charge of organizations holding candidate forums and debates, Jewish? Some Jews allegedly discriminate against Disabled Vermonters. Some Jewish Doctors, Social Workers, Police, and Housing Authority Administrators allegedly "talk down" to Disabled People.... Jews have no right to impose their religious Law of discrimination against Disabled People when they receive state and/or federal funding for Police, Housing Authority, Medicaid, Medicare, and organizations holding candidate debates and forums.Before publishing this year's booklet, Secretary of State Deb Markowitz asked Vermont's attorney general whether she could edit out the offending statements. She was told that the law authorizing the publication, as well as First Amendment speech protections, preclude editing of candidates' statements.
For Halloween, British Government Asked To Pardon 16th to 18th Century Witches
AU Asks IRS To Investigate NC Baptist Convention Speech By Michelle Obama
Thursday, October 30, 2008
Las Cruces Lawsuit Ends
Arizona Supreme Court Will Review School Voucher Decision
Israel Supreme Court Permits Museum Construction Over Old Muslim Cemetery
Three Algerian Christians Acquitted
Religion Remains Important In This Year's Political Campaigns
The electorate has become part of the conversation. Catholic News Service yesterday reported on a 58-page booklet authored by Boston physician, Dr. Patrick Whelan, titled The Catholic Case for Obama.
In North Carolina, a different kind of argument over religion is playing out in the heated U.S. Senatorial campaign. Fox News yesterday reported that incumbent Republican Sen. Elizabeth Dole is accusing her Democratic challenger, Kay Hagan, of of attending a "secret fundraiser" sponsored by the Godless Americans PAC. The ad (YouTube video) says of Hagan: "She hid from cameras. Took godless money. What did Kay Hagan promise in return?" Hagan has demanded that Dole take down the ad, but the Dole campaign says the ad will remain.
UPDATE: Here is Kay Hagan's ad respoonding to Dole's charges. And the AP reported that on Wednesday Hagan filed a lawsuit in Wake County (NC) Superior Court accusing Dole of defamation and libel, charging that Dole's ad is injuring Hagan's good name and reputation.
Three Lawsuits of Interest Are Settled
In Pennsylvania, Shippensburg University has agreed to change its rules in order to settle a lawsuit by a student group, the Christian Fellowship. In February, student senate invoked university rules to object to the group's requirement that its members be Christians and its president to be a man. Tuesday's Christian Post reports that a similar lawsuit was settled in 2004. (See prior related posting.)
In Wyandot County (Ohio) Common Pleas Court, members of the St. Joseph Catholic Parish in Salem Township, whose rural Ohio church was closed by the diocese, filed suit in 2006 to obtain control of the parish's funds and property. Yesterday's Toledo Blade reports that a settlement agreement has been reached under which the church building, meeting hall, and related property will be transferred to the non-profit St. Joseph-Salem Heritage Society which was formed by ex-parishioners to preserve the parish's history. The agreement places some restrictions on the Society's future use of the buildings.
Wednesday, October 29, 2008
International Catholic Group Issues Report On Religious Freedom
ACN's Oct. 29 press release on the report says that religious worship is under attack in more than 60 countries. It concludes: "violations of freedom of worship take place increasingly less for ideological reasons and increasingly more often because of power games. The attempt to stop religious freedom is addressed above all at impoverishing States, maintaining the population in conditions of slavery. In other nations ... such as for example China, fear of opening to freedom of worship coincides with the fear of encouraging other freedoms."
The organization has also issued a shorter report (112 pages) titled Persecuted and Forgotten?, focusing on religious persecution in 30 countries.
11th Circuit Upholds County Legislative Prayers With Sectarian References
The appellate court, however, agreed with the district court that the prayer policy of the Planning Commission during 2003-04 was unconstitutional because it excluded certain faiths from the list of potential invitees. It agreed that nominal damages could be awarded for the violation. The majority opinion was written by Judge William Pryor who, before joining the court, was attorney general of Alabama. In that role he was part of a high profile church-state controversy involving the removal of Alabama's Chief Justice Roy Moore.
Judge Middlebrooks dissenting argued that the prayer policies of the county violate the Lemon test because they have both a religious purpose and effect and involve excessive entanglement of the state with religion. He argued further that the Marsh exception for legislative prayer should be limited to "invocations before the United States Congress and the state legislatures." He added:
I concur with the majority that judges, as representatives of the government, have no business editing or evaluating the content of prayer. However, I also believe that sponsorship of prayer by these commissions presents a similar, although less direct, danger. When state sponsored prayer is a perfunctory and sterile exercise marking the beginning of a commission agenda, religion becomes the casualty.Americans United issued a press release criticizing the decision. Yesterday's Columbus (GA) Ledger-Enquirer reported on the decision. [Thanks to Alliance Alert for the lead.]
RLUIPA Does Not Protect Church Against Watershed Ordinance Restrictions
NY High Court Upholds Rules On Free Water For Churches
First Execution by Shariah Court In Somalian Port City Carried Out
City Sued Over National Day of Prayer Observance
Court Holds Ministerial Exception Inapplicable To Quaker Directorship Positions
A Pennsylvania federal district court rejected AFSC's assertion of the "ministerial exception" as a defense in the lawsuit. First it found that defendant had waived the defense. However, even if it was not waived, the exception would not apply because the positions at issue were not pastoral or ministerial in nature. The court denied defendant's motion for summary judgment, holding that there was sufficient evidence for a jury to find that the reasons given for not hiring plaintiff were pretextual.
Appeal to 9th Circuit Filed In Arizona Town Sign Ordinance Case
Pope Speaks On Separation of Church and State
The Catholic Church is eager to share the richness of the Gospel's social message.... She carries out this mission fully aware of the respective autonomy and competence of Church and State. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.
The Church is equally convinced that State and religion are called to support each other as they together serve the personal and social well-being of all. This harmonious cooperation between Church and State requires ecclesial and civic leaders to carry out their public duties with undaunted concern for the common good.