Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, December 22, 2008
Former Armenian Churches In Georgia are Focus of Contention
Sunday, December 21, 2008
Hanukkah Begins Tonight With Mixed Church-State Messages In DC
British Marriage Registrar Loses Discrimination Appeal
BBC News reported on the decision on Friday. The Christian Institute issued a release stating that claimant Lillian Ladele plans to appeal to the Court of Appeal.The claimant’s complaint on this score is not that she was treated differently from others; rather it was that she was not treated differently when she ought to have been.... That is a complaint about a failure to accommodate her difference, rather than a complaint that she is being discriminated against because of that difference....
[P]art of the commitment to the promotion of equal opportunities and fighting discrimination is that employees should not be permitted to refuse to provide services to the community for discriminatory reasons.... [R]equiring the staff to act in a non-discriminatory manner was entirely rationally connected with the legitimate objective....The council were entitled to take the view that they were not willing to connive in that practice by relieving Ms Ladele of these duties, notwithstanding that her refusal was the result of her strong and genuinely held Christian beliefs. The council were entitled to take the view that this would be inconsistent with their strong commitment to the principles of nondiscrimination and would send the wrong message to staff and service users....
The claimant's beliefs were strong and genuine and not all of management treated them with the sensitivity which they might have done. However, we are satisfied that the Tribunal erred in finding that any of the grounds of discrimination was made out.
Inidian Court Refuses To Permit Burial of Terrorists By Jailed Muslim Qazi
Recently Available Prisoner Free Exercise Cases
In Roddy v. West Virginia, 2008 U.S. Dist. LEXIS 100595, (ND WV, Dec. 11, 2008), a West Virginia federal district judge adopted a magistrate's recommendation that a prisoner's claim be dismissed for failure to exhaust administrative remedies. Plaintiff claimed that certain Native American religious items were seized from him upon entry to prison. The case was on remand from the 4th Circuit. (See prior posting.)
In Rust v. Nebraska Department of Correctional Services Religion Study Commission, 2008 U.S. Dist. LEXIS 100823 (D NE, Dec. 1, 2008), a Nebraska federal district court allowed two prisoners to proceed pro se (but not as class representatives) in their claims that prison officials refused to provide them separate time and space for Theodish worship and failed to provide certain religious items for them.
Saturday, December 20, 2008
In India, Tribals Protest Ban On Religious Hunting Ritual
Last Trial Court Decision Issued In Virginia Episcopal Church Litigation
Episcopal News Service, the Christian Post, and AP report on the decision, and indicate that an appeal is likely. (See prior related posting.) Links to all the extensive pleadings and opinions in the litigation are available from the website of the Diocese of Virginia.
6th Circuit OK's Exclusion of Religious Work From Military Post-Retirement Credit
Americans United issued a release applauding the decision which affirmed the trial court. (See prior posting).
Court Adjudicates Competing Claims For Control Of Baptist Church
Amish Landowner Loses In Prosecution for Refusing To Install Septic System
City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer
Friday, December 19, 2008
Idaho University Sued Over Denial of Funding To Student Religious Groups
HHS Adopts Final "Conscience Rules" To Protect Health Care Providers
The new rules protect institutional health care providers as well as individual employees of HHS grant recipients. Certain health care providers must certify their compliance with the new regulations. The rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. Slightly different constraints apply to different categories of funding recipients. One provision prohibits entities that receive HHS research grants from discriminating in employment against employees who refuse to take part in the research on the ground that it "would be contrary to his religious beliefs or moral convictions, or because of the religious beliefs or moral convictions concerning such activities themselves." The rules also encourage providers to disclose clearly to their patients what services they do and do not provide.
Reporting on the new rules, today's Washington Post says that "officials at hospitals and clinics predicted the regulation will cause widespread disruptions...." The paper speculates that clashes over the new rules could become more intense if embryonic stem cell therapies expand. the rules were published for comment last August. (See prior posting.)
Texas Town Uses Christianity In School Football Program
Arizona Bar Considering Expanding Oath To Assure Proper Representation of Gays
Illinois Supreme Court Says Challenge To Pharmacy Rules May Move Ahead
Plaintiffs are two licensed pharmacists and three corporations that own and operate pharmacies.... [T]he pharmacists brought this preenforcement challenge ... [claiming] that this rule is null and void on its face as in violation of the first amendment and statutory law....The dissenters argued that plaintiffs had failed to exhaust their administrative remedies before filing suit. AP yesterday reported on the decision. (See prior related posting.)
In this decision, the ... Court held that the action was ripe for judicial review and should not have been dismissed. It held that legal issues were presented that did not require agency expertise and that the stores had shown disruption of their business despite the absence of actual enforcement. The requirement that administrative remedies must be exhausted before filing suit in circuit court was not applicable here....