Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, February 16, 2009
Russian Legislator Wants Government Religious TV Channel
Stimulus Bill Drafters Recognize Religious Objections To Electronic Health Records [Corrected]
this ... is not intended to require individuals to receive services from providers that have electronic health records.... This provision does not constitute a legal requirement on any patient to have an electronic health record. For religious or other reasons, non-traditional health care providers may also choose not to use an electronic health record.Here are links to all portions of the bill and of the Joint Explanatory Statement.
CORRECTION: Meanwhile [contrary to what appeared to be the case from earlier marked up prints of the law], the final version of the law as printed in the Congressional Record retains provisions from earlier versions of the bill on renovation of college buildings. (Full text at pg. H1351). These provisions have created concern among some conservative Christian groups because of exclusions for buildings used for religious purposes. (See prior posting.)
Mild Form of Islamic Law To Control Part of Pakistan's North West Frontier Province
UPDATE: The Feb. 18 issue of Indian Express gives more technical details on the court that will be set up in Malakand. A special bench of the Peshawar High Court will be set up, and will be renamed Dar-ul-Quza (Qazi court). A sessions judge —to now be called Qazi — will hear cases with an Alim-e-Din (Quranic scholar) who will decide "religious technicalities." Meanwhile Tuesday's New York Times sets the decision on a new judicial structure in the context of a broader truce that has been agreed to between the government and the Taliban. It says that the arrangement effectively concedes the area as a Taliban sanctuary.
Recent Articles of Interest
- Yossi Nehushtan, Secular and Religious Conscientious Exemptions: Between Tolerance and Equality, (LAW AND RELIGION IN THEORETICAL AND HISTORICAL CONTEXT, Peter Cane, Carolyn Evans, Zoe Robinson, eds., p. 243, 2008).
- Lorenzo Zucca, The Crisis of the Secular State: A Reply to Professor Sajo, (I.CON, 2009).
- Julie Seaman, Hate Speech and Identity Politics: A Situationalist Proposal, (Florida State University Law Review, Vol. 36, pp. 99-123, 2008).
- Yuval Sinai & Benjamin Shmueli, Changing the Current Policy Towards Spousal Abuse: A Proposal for a New Model Inspired by Jewish Law, 32 Hastings International & Comparative Law Review 155-236 (2009).
- Symposium. Pluralism, Religion & the Law: A Conversation at the Intersection of Identity, Faith and Legal Reasoning. Articles by Charles Barbour, Patrick Brown, Quinton H. Dixie, Peter Fitzpatrick, Vincent D. Rougeau, Lisa Shaw Roy, Jack L. Sammons and Susan J. Stabile. 32 Seattle University Law Review 271-405 (2009).
Sunday, February 15, 2009
Saudi King Shakes Up Government To Get More Religious Moderates
Afghanistan Appeals Court Upholds Prison For Quran Translators
Austria's Government Fires Muslim Religion Teacher for Anti-Semitism
Recent Prisoner Free Excercise Cases
In Shelton v. Chapman, 2009 U.S. Dist. LEXIS 8728 (SD IL, Feb. 6, 2009), an Illinois federal district court dismissed an inmate's claim that his free exercise rights were violated when one book, the Holy Zumar, was removed from prison chapel library shelves for seven months.
In Cirisan v. Burnett, 2009 U.S. Dist. LEXIS 8739 (WD MI, Jan. 5, 2009), a Michigan federal magistrate judge recommended dismissal of a challenge under the free exercise clause and RLUIPA by a Jewish inmate who was not permitted to wear a yarmulke with "I.D.F. Israeli Army" written on the side. Prison rules prohibit inmates from wearing military apparel.
In Cano v. Taylor, 2009 U.S. Dist. LEXIS 9164 (D AZ, Feb. 5, 2009), an Arizona federal district court permitted an inmate to proceed with a claim against the head of the Arizona Department of Corrections alleging improper denial of his grievance alleging free exercise violations.
In Jackson v. Sullivan, 2009 U.S. Dist. LEXIS 8906 (ED CA, Jan. 29, 2009), a California federal magistrate judge permitted a Rastafarian prisoner to proceed with his claim that RLUIPA was violated when prison officials denied him access to the law library because he refused to comply with haircut regulations.
In Terrell v. Montalbano, 2009 U.S. Dist. LEXIS 9016 (WD VA, Jan. 23, 2009), a Virginia federal district court dismissed a Muslim prisoner's claim under RLUIPA challenging a 6-month delay in placing him on the Common Fare diet. The court found a compelling governmental interest in using the period to observe plaintiff's religious participation to assess the sincerity of his beliefs.
In Agrawal v. Keim, 2009 U.S. Dist. LEXIS 9307 (SD IL, Feb. 9, 2009), an Illinois federal district court dismissed claims against prison officials who had misunderstood the religious dietary restrictions of a Hindu prisoner. Plaintiff was permitted by his beliefs to consume dairy products, but he was placed on the vegan diet and then removed from it as a sanction when he consumed food containing dairy.
In McElroy v. Department of Corrections, 2009 U.S. Dist. LEXIS 9577 (ED CA, Jan. 30, 2009), a California federal magistrate judge permitted an inmate to move ahead with a claim that correctional officers physically attacked him because of his religious beliefs. His allegations of attempted culture theft were found too vague to support a claim.
In Nelson v. Runnels, 2009 U.S. Dist. LEXIS 9298 (ED CA, Jan. 28, 2009), a federal magistrate judge recommended dismissal of an inmate's free exercise and RLUIPA challenge to the state Department of Corrections hair-length regulations.
In Kay v. Bemis, 2009 U.S. Dist. LEXIS 10360 (D UT, Feb. 10, 2009), a Utah federal district court, in a long-running case, dismissed plaintiff's free exercise and RLUIPA claims that his right to practice Wicca were improperly infringed in two different detention facilities. (See prior related posting.)
In Finley v. Gonzales, 2009 U.S. Dist. LEXIS 10765 (ED CA, Feb. 4, 2009), a California federal magistrate judge dismissed a prisoner's claim that his free exercise rights were violated when he was not permitted to attend a religious seminar and receive a certificate or a blessing from God.
Saturday, February 14, 2009
San Diego Diocese Will Begin Release of Records On Abusive Priests
Kentucky Appeals Court Will Review Case On Access To Church Records
This Is "Evolution Weekend" In Houses of Worship
Geert Wilders Kept Out of Britain, But His Video Is Shown to House of Lords
City Barred From Enforcing Noise Ordinance In Consent Decree
Some Oklahoma Legislators Object To Invocation By Gay Minister
Friday, February 13, 2009
In Some Nations, Religious and Cultural Objections To Valentine's Day Arise
UPDATE: India's Sri Rama Sene called off its plans to protest Valentine's Day activities, though its leader Pramod Mutalik has become something of a cultural hero. (India Today, Feb. 13.)
Christian College Student Sues Over Speech Prof's Treatment of His Presentation
The complaint Lopez v. Candaele, (CD CA, filed 2/11/2009) (full text) alleges that Prof. Matteson refused to permit Lopez to complete his speech, called him a "fascist bastard" and, instead of entering a grade on an evaluation sheet, wrote that Lopez should "ask God" for his grade. An appeal to the dean was unavailing. It led to threats of retaliation by Matteson and claims by administrators that Lopez was engaged in hate speech. The lawsuit challenges both the actions taken against Lopez and the College's speech code as violations of the 1st and 14th Amendments. Alliance Defense Fund issued a release yesterday reporting on the case and linking to additional background materials.
European Court Says Russia Violated Rights of Unification Church Missionary
[Thanks to Institute on Religion & Public Policy for the lead.]Given the primary religious nature of the applicant’s activities and the general policy as set out in the Concept of National Security of the Russian Federation, that is to say that foreign missionaries posed a threat to national security, the Court considered it established that Mr Nolan's banning from Russia had been designed to repress the exercise of his right to freedom of religion. However, since the interests of national security were deliberately omitted as a permitted ground for restrictions on the exercise of the right to freedom of religion in Article 9 of the Convention, such interests could not be relied upon as a justification for the measures taken by the Russian authorities against Mr Nolan.
USCIRF Urges U.S. To Press Turkey On Monastery Dispute
The row began when Turkish government land officials redrew the boundaries around Mor Gabriel and the surrounding villages in 2008 to update the national land registry as part of a cadastre modernization project in compliance with EU instructions. The monks say the new boundaries turn over to the villages large plots of land the monastery has owned for centuries and designate monastery land as public forest.
Report On Hate Movements In Times of Economic Crisis Is Released
European Court Says Bulgaria Improperly Resolved Church Split
in the context of an ongoing dispute between two groups claiming leadership of the Church, ... the State had taken action to terminate the autonomous existence of one of the two opposing groups and had provided the other group with exclusive control over the affairs of the whole religious community. It found that that had been contrary to the Government’s duty to remain neutral in such matters, as it had not been a question of merely recognising the canonical leadership of the Church but a question of which leadership had been canonical. The authorities had therefore taken sides in an unsettled controversy deeply dividing the religious community. That had amounted to an interference with the applicants' right to freedom of religion, which had included the right to organisational autonomy of the religious community.On Wednesday the Alliance Defense fund issued a release praising the January decision, saying that it "underscores the vital importance of the church operating independently of state coercion and control."