Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, December 31, 2008
DC Circuit Rejects Free Exercise Challenge To DNA Sampling
First, the court held that Kammerling need not exhaust administrative remedies, because the Bureau of Prisons had no authority to grant him any relief on this issue. Moving to the merits, the court rejected Kammerling's challenges under the First Amendment and RFRA. As to RFRA, the court concluded that the DNA collection does not burden any exercise of religion by Kammerling-- it does not pressure him to change his behavior. Even if his religious exercise were burdened, the court concluded that the government had a compelling interest in collecting prisoners' DNA. Yesterday's Washington Post reported on the decision.
Amish Farmer Charged For Failing To Register Livestock Premises
NY Court Refuses To Confirm Arbitration Award Of Jewish Religious Court
[Thanks to Joel Katz for the lead and to Failed Messiah for posting the opinion.]The Beth Din's determination ... essentially forces Respondent, an "at will" private employer, to employ Petitioner, who ... has a clear difference in ... religious philosophy from Respondent's administration, for an indefinite tenure. Furthermore, the salary set forth by the Beth Din of $100,000 is arbitrary, unfounded and irrational, as the base salary, as set forth by the expired employment contract, was $54,000....
Secondly, by retaining indefinite jurisdiction, the Beth Din exceeded a specifically enumerated limitation on its authority, as set forth by the parties in their own agreement to arbitrate.
Lastly, the award is violative of public policy. The Beth Din's ruling sets a precedent that will impact and limit the ability of private schools to make and enforce routine employment decisions....
Tuesday, December 30, 2008
Oregon Appeals Board Says Animist Church Must Be Permitted Under RLUIPA
NJ Finds Discrimination In Faith Group's Refusal To Rent Premises For Civil Union
In a second case, Moore v. Ocean Grove Camp Meeting Association, (NJ Civ. Rts. Div., Dec. 29, 2008), the Division rejected a complaint from another lesbian couple who applied to sue the Boardwalk Pavilion for a civil union ceremony after the Association decided to stop renting it out to anyone for weddings or similar events. The AP reports on the decisions. It points out that an appeal in a suit alleging that the state Division of Civil Rights lacks jurisdiction to decide the Bernstein case is pending before the 3rd Circuit. A federal district court refused to enjoin the state from investigating the complaint. (See prior posting.)
Amended Complaint Expands Reigious Promotion Charges Against Army
Newdow Lawsuit Challenges Inaugural Oath and Invocation [UPDATED]
The Examiner carries a posting commenting on the filing. Volokh Conspiracy has extensive commentary on the lawsuit.Under the Establishment Clause, Plaintiffs have a right to view their government in action without being forced to confront official endorsements of religious dogma with which they disagree. This is especially the case when that dogma stigmatizes them in the process.
Being forced to confront such religious dogma as the price to pay for observing a governmental ceremony is a substantial burden upon Plaintiffs’ rights of Free Exercise as well.
Monday, December 29, 2008
2nd Circuit Says Asylum Applicant Is Not Genuine Falun Gong Adherent
Huge Mass In Spain Opposes Government's Social Reforms
Orissa Will Investigate Charges of False Scheduled Caste Certificates
Meanwhile, an article today in Religious Intelligence reviews the history of anti-Christian violence in Orissia over the last ten years.
UPDATE: The Hindu reports on Tuesday that the government of Orissa is attempting to deal with broader objections regarding false caste certificates by proposing to eliminate the term "kui" from the list of tribals. Many speak the kui language who were not tribals. Tribals can convert religion and keep tribal status. The proposal will be considered by the state level Tribal Advisory Committee on Jan. 19.
Sunday, December 28, 2008
Connecticut Minister Disputes Interpretation of Tax Exemption Statute
Maryland Court Says Denial of New Sign Does Not Subtantially Burden Church
Recent Prisoner Free Exercise Cases
In Moore v. McCracken County, 2008 U.S. Dist. LEXIS 102786 (WD KY, Dec. 19, 2008), a Kentucky federal district court dismissed a free exercise claim by a Muslim prisoner who complained about the delay he suffered in being given access to a diet consistent with his religious beliefs. The court held that plaintiff had not shown that he was inadequately nourished during the two months before he was placed on the list of prisoners to receive a no-pork diet.
In Rhodes v. Alameida, 2008 U.S. Dist. LEXIS 103335 (ED CA, Dec. 12, 2008) involved objections by a Native American prisoner that certain of his religious artifacts were destroyed by prison officials. A California federal magistrate judge refused to grant summary judgment to defendants, finding that they had not demonstrated a legitimate governmental interest in the prison policy that calls for destruction of disallowed property of inmates who have not paid to have the property mailed to a family member or friend. (See prior related posting.)
Top 10 Church-State/ Free Exercise Stories of 2008
1. Barack Obama reaches out to faith groups in the campaign and renounces his own pastor's statements.You may find it interesting to compare my picks with those of the Religious Newswriters Association and of Time Magazine.
2. The Mormon Church (Church of Jesus Christ of Latter Day Saints) gains widespread national attention after Mitt Romney seeks Republican nomination and LDS members are active in opposing California's Proposition 8.
3. Christians see increasing clash between religious freedom and push for both same-sex marriage and sexual orientation non-discrimination.
4. Regulations focus on clash between patient rights and conscience rights for pharmacists and health care workers.
5. Texas child protective services agency conducts high profile raid on compound of polygamous FLDS Church and takes children into temporary state custody.
6. IRS rules on church involvement in political campaigns increasingly invoked and challenged.
7. Church-state and free speech challenges to religious-themed license plates reach courts.
8. Turkey's ruling party challenged in Constitutional Court over secularism disputes.
9. 9th Circuit interprets RFRA in Navajo Nation v. U.S. Forest Service.
10. Massive Bernard Madoff fraud decimates numerous Jewish non-profits and philanthropists.
Saturday, December 27, 2008
New Regulations Ban Religious Proselytizing of Military Recruits
Islamic Revival In Bosnia Threatens Secularism
Times Analyzes Madoff's Victimization of Jewish Philantropists and Charities
The article suggests that Madoff, who himself was not Orthodox, earned entree through J. Ezra Merkin of Ascot Partners. The synagogues, schools, institutions and individuals that were defrauded, it says, "are bound by religious praxis, social connection, philanthropic causes. Yet what may be the community’s greatest virtue — its thick mesh of personal relations, its abundance of social capital — appears to have been the very trait that Mr. Madoff exploited."