Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, January 04, 2009
New Policy On Comments
Court Rejects RFRA Defense To Charges of Illegal Importation of Animal Parts
Saturday, January 03, 2009
Professor Suggests Cremating Bodies of Mumbai Terrorists
9th Circuit Denies En Banc Review of Certification In Boy Scourts Case
Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court’s standing jurisprudence. In practical effect, the three-judge panel majority’s unprecedented theory creates a new legal landscape in which almost anyone who is almost offended by almost anything has standing to air his or her displeasure in court.Today's San Diego Union-Tribune reports on the decision.
Proposed Texas Science Standards Please Scientists
Friday, January 02, 2009
Pennsylvania Court Says Marriages Can Be Performed By Clergy Without Churches
British Proposal Would Authorize Women Bishops With Alternative "Complementary Bishops"
Vice Mayor Won't Offer Invocation If It Must Be Non-Sectarian
Malaysia Orders Catholic Paper To Cease Publishing Pending Court Decision
Missouri Religious Organization In Tax Dispute
Thursday, January 01, 2009
Happy New Year and Thanks To Religion Clause Readers
Happy New Year! As we enter one of the most challenging years in U.S. history, I want to thank all of you who read Religion Clause. To the long time followers, thanks for your continuing interest; to those who have joined us more recently, welcome aboard! It has been a year packed full of news and developments relating to law and religion. And it has been a good year for Religion Clause blog. The site meter shows that the blog has attracted over 430,000 visits since it began in 2005. Over 205,000 of those were registered in 2008. This past year, Religion Clause was again named by the ABA as one of the 100 best legal blogs. Also this year, upon reader request, I have added an option permitting you to receive Religion Clause through daily e-mails. Some individuals appear to favor that delivery method. (Scroll to bottom of sidebar to sign up).
Religion Clause's established format of strict neutrality, broad coverage and links to numerous primary sources seems to have filled a special niche for those interested in the areas of church-state and religious freedom. I am pleased that my regular readers span the political and religious spectrum. Thanks also to those of you who send me leads to new developments. I read and appreciate receiving them, even though I cannot always acknowledge them. They help me assure that the coverage of the blog is complete.
Best wishes for 2009!
Howard M. Friedman
Christmas Music Case Is On Appeal in 3rd Circuit
Vatican Will End Automatic Adoption of Italian Law
Brokerage Firm Settles EEOC Religious-National Origin Discrimination Suit
Wednesday, December 31, 2008
EEOC Gets Settlement To Reinstate Seventh Day Adventist Worker
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.)