Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, March 11, 2009
Kazakhstan Court Reduces Sentence of Unification Church Missionary
Dutch Supreme Court Protects Criticism of a Religion From Group Insult Prosecution
Drawing a fine line in an attempt to protect criticism of a religion, the Court said that Article 137c is not violated "even if that happens in such a way that the devotees feel their religious feelings are hurt." Criticism of behavior or opinions is not outlawed. Only a remark "explicitly" aimed at a group distinct from others based on its religion can be a group insult. The Court said that the same definitions will apply in the pending prosecution of Dutch politician Geert Wilders for inciting hatred and discrimination against Muslims and insulting Muslim worshippers. (See prior posting.)
Cert Filed In Case Challenging Non-Recognition of Christian Student Group
Tuesday, March 10, 2009
Israeli Traffic Court Says Hebrew Birthday Can Count
New Survey of U.S. Religious Identification Released
California Civil Court Asked To Confirm Bet Din's Ruling On Torah Scrolls
India's Prime Minister Says No Right To Criticize Other Religions
City Hearing on Anti-Discrimination Law Generates Religious Arguments
10th Circuit Refuses Release Pending Appeal of Marijuana Church Founders
Court Says Religious Tattoo Was Relevant In Penalty Phase of Murder Trial
10th Circuit Hears Arguments In Utah Highway Patrol Cross Case
During the argument, the judges expressed concern about whether Utah's policy would prevent troopers' families from displaying the symbols of other religions such as Stars of David.... The court also expressed interest in how this case tests the boundaries of the Supreme Court's recent decision in Pleasant Grove City v. Summum. Summum set the standard for deciding when permanent monuments are government speech, and when they are private speech. Two of the three judges in the original Summum panel are hearing this appeal, and the lawyer for Summum is also the lawyer for American Atheists.The appellate brief filed by American Atheists, Inc. is available on Westlaw at 2008 WL 3285457. Westlaw also links to all the other briefs filed in the case. The brief filed for the Utah Highway Patrol Association, and several amicus briefs supporting their position, are linked from this ADF press release.
Saudi Court Sentences Elderly Widow To Prison and Lashes For Meeting With Men
Monday, March 09, 2009
President Reverses Policy on Federal Funding of Stem Cell Research
The President added some assurances:[I]n recent years, when it comes to stem cell research, rather than furthering discovery, our government has forced what I believe is a false choice between sound science and moral values. In this case, I believe the two are not inconsistent. As a person of faith, I believe we are called to care for each other and work to ease human suffering. I believe we have been given the capacity and will to pursue this research – and the humanity and conscience to do so responsibly.
It is a difficult and delicate balance. Many thoughtful and decent people are conflicted about, or strongly oppose, this research. I understand their concerns, and we must respect their point of view.
But after much discussion, debate and reflection, the proper course has become clear. The majority of Americans – from across the political spectrum, and of all backgrounds and beliefs – have come to a consensus that we should pursue this research. That the potential it offers is great, and with proper guidelines and strict oversight, the perils can be avoided.
We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.Reactions from religious groups, which came quickly after news of plans for today's Executive Order became known on Friday, varied. The Interfaith Alliance called the decision "good news for science and religion," saying that "the ban instituted by President Bush was based on the views of a select group of faiths rather then on sound science." JTA reports that Jewish groups also praised Obama's decision, focusing on the importance in Judaism of saving lives. The Vatican on the other hand strongly condemned the policy reversal. The International Herald Tribune quotes from an article in Saturday's L'Osservatore Romano which called embryonic stem cell research "deeply immoral." The Family Research Council issued a statement on Friday calling the move by the President "yet another deadly executive order."
UPDATE: The White House List of Attendees at the President's signing of the Stem Cell Executive Order and Scientific Integrity Presidential Memorandum includes seven religious leaders: (1) Maureen Shea, Episcopal Church USA Director of Government Relations; (2) James Winkler, United Methodist Church Secretary of the General Board of Church and Society; (3) Rabbi Steve Gutow, Jewish Council for Public Affairs; (4) Rev. Welton Gaddy, Interfaith Alliance; (5) Nancy Ratzan, National Council of Jewish Women; (6) Nathan Diament, Union of Orthodox Jewish Congregations; (7) Rabbi David Saperstein, Religious Action Center for Reform Judaism.
Former Catholic Schools Try To Still Teach Values As Public Charter Schools
Connecticut Bill Would Reform Financial Management of Catholic Parishes
UPDATE: The Meriden (CT) Record and The Hour reported Tuesday that the bill has been withdrawn from consideration for this legislative session while constitutional issues surrounding laws currently governing religious groups are reviewed. Tuesday's scheduled hearing on the bill was cancelled.This bill violates the First Amendment of the United States Constitution. It forces a radical reorganization of the legal, financial, and administrative structure of our parishes. This is contrary to the Apostolic nature of the Catholic Church because it disconnects parishes from their Pastors and their Bishop.... This bill, moreover, is a thinly-veiled attempt to silence the Catholic Church on the important issues of the day, such as same-sex marriage.
UPDATE 2: Here is the full text of a letter sent by 12 prominent law professors challenging the constitutionality of the bill before it was withdrawn.
Catholic Group Says Austalian Abortion Law Violates International Treaty
Melbourne's The Age yesterday reports that Catholic Health Australia is calling on the federal Attorney General to declare the provision in violation of the International Covenant on Civil and Political Rights. An interpretive Comment (Par. 3) to the Covenant provides that "No one can be compelled to reveal his thoughts or adherence to a religion or belief." Attorney-General Robert McClelland so far has refused to take any action, but some senators from his own party are calling on him to reconsider.If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—
(a) inform the woman that the practitioner has a conscientious objection to abortion; and
(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.
Illinois Senate Committee Tables Proposed Change In Moment of Silence Law
Recent Articles and Books of Interest
- Brian M. Lusignan, The Clause Less Taken: Pleasant Grove City v. Summum and the Establishment Clause of the Utah Constitution, (March 3, 2009).
- Frederick Mark Gedicks, Truth and Consequences: Mitt Romney, Proposition 8, and Public Reason, (March 5, 2009).
- Thomas C. Folsom, Evaluating Supernatural Law: An Inquiry into the Health of Nations (the Restatement of the Obvious, Part II), (21 Regent Law Rev. 105 (2008)).
- Susan Drummond, Polygamy's Inscrutable Secular Mischief, (CLPE Research Paper No. 2/2009).
From SmartCILP:
- Mohamed A. Elsanousi, A Growing Economic Power: Muslims in North America and Integration and Contribution to Social Justice, 9 Journal of Law In Society 100-135 (2008).
- Adam Silberlight, Thou Shall Not Overlook Context: A Look At the Ten Commandments Under the Establishment Clause, 18 Widener Law Journal 113-147 (2008).
- Meredith M. Snyder, One Nation Under God: An Examination of the New Religion Law and Its Consequences for Minority Faiths In Post-Communist Romania, 2 Columbia Journal of East European Law 233-271 (2008).
- Taylor J. Turner, Freedom Under Control: Registration of Religious Organizations in Kazakhstan, 2 Columbia Journal of East European Law 272-311 (2008).
- Religious Jurisprudence Essay Series. Essays by John W. Welch and Thomas C. Folsom. 21 Regent University Law Review 79-180 (2008-2009).
New Books:
- Jay Wexler, Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, (Beacon Press, June 2009), author interview at Religion Dispatches.
- Bruce Ledewitz, Hallowed Secularism: Theory, Belief, Practice, (Macmillan, March 2009).
Sunday, March 08, 2009
Recent Prisoner Free Exercise Cases
In Strope v. Cummings, 2009 U.S. Dist. LEXIS 15720 (D KS, Feb. 26, 2009), a Kansas federal district court found no substantial burden under the 1st Amendment or RLUIPA on an inmate's free exercise rights, rejecting allegations relating to religious call outs, the amount of time for Sabbath services and the quality of kosher food. In a related decision involving the same prisoner, in Strope v. McKune, 2009 U.S. Dist. LEXIS 15730 (D KS, Feb. 27, 2009), the same court rejected a related complaint regarding the availability and quality of kosher food.
In Plater v. Superintendent, Cayuga Correctional Facility, 2009 U.S. Dist. LEXIS 16225 (ND NY, March 2, 2009), a New York federal district court held that in a prisoner's challenge to denial of good time credit for failing to complete the prison's alcohol and substance abuse program, the prisoner had procedurally defaulted on his First Amendment challenge to the program. Also his challenge was vague and conclusory.
In Gresham v. Granholm, 2009 U.S. Dist. LEXIS 16092 (WD MI, Feb. 25, 2009), a Michigan federal district court rejected a prisoner's challenge to the prison's no-smoking rule. Plaintiff alleged that his right to practice his religion of white witchcraft was infringed by the rule. The court also rejected plaintiff's equal protection and 8th Amendment claims.
In Proverb v. O'Mara, 2009 U.S. Dist. LEXIS 16078 (D NH, Feb. 13, 2009), a New Hampshire federal magistrate judge, recommending dismissal of an inmate's free exercise claim, held that attendance at Bible study groups was not essential to the exercise of plaintiff's religious beliefs where no other denial of access to religious programming, services, or materials was claimed. Plaintiff had been denied access to Bible study classes for several months. Among plaintiff's numerous other claims, the court permitted him to move ahead with a challenge to a correctional officer's actions in forcing plaintiff to repeatedly state "I love Black people."
In Nickles v. Taylor, 2009 U.S. Dist. LEXIS 16832 (D NJ, March 4, 2009), a New Jersey federal district court dismissed plaintiff's challenge to the practice of furnishing Muslim inmates vegetarian meals, but not Halal meals containing meat. The court however said plaintiff could reopen the case if he is able to supplement his pleadings to demonstrate that his claim is not controlled by a prior 3rd Circuit decision on which the court relied.