Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, April 02, 2009
Arizona Trespass Conviction Challenges Authority of Utah To Reform FLDS Trust
Court Says Curfew Law Infringes Free Exercise, Speech Rights
by restricting minors' access to all public places during curfew hours, the ordinance severely inhibits the ability of minors to exercise their First Amendment rights for one-quarter of the day.... [They] are precluded from attending midnight church services unless accompanied by a parent or guardian or in possession of a permission slip. They cannot participate in City Council meetings that run late, political caucuses, or general gatherings related to political and social opinions. A minor's freedom of speech, freedom of religion, and freedom of association are all curtailed by the curfew ordinance.AP reports on the decision.
Recent Prisoner Free Exercise Cases
In Daly v. Davis, 2009 U.S. App. LEXIS 6222 (7th Cir., March 25, 2009), the 7th Circuit held that a prisoner's religious exercise was not substantially burdened when he was suspended for a month from the kosher food program after he violated program rules by eating non-kosher food and bartering his kosher food tray for a non-kosher tray.
In Cromer v. Braman, 2009 U.S. Dist. LEXIS 23901 (WD MI, March 25, 2009), a Michigan federal district court rejected a challenge to various actions taken against an inmate because he was a member of "Nation of Gods and Earths" which is classified by prison authorities as a security threat group. Plaintiff claimed that these actions discriminated against him as a member of Nation of Islam.
In Logan v. Lockett, 2009 U.S. Dist. LEXIS 24328 (WD PA, March 25, 2009), a Pennsylvania federal district court rejected an inmate's claim that his rights were infringed when he was excluded from participation in the Ramadan fast and subsequent communal meal with other inmates. The court first held that monetary damages are unavailable under RLUIPA in suits against prison officials in either their official or personal capacities. It also rejected his RLUIPA and 1st Amendment claims, finding that his exclusion stemmed from his disagreement with the teachings of the Imam who led the Muslim congregation at the prison.
In Roby v. Stewart, 2009 U.S. Dist. LEXIS 24413 (ND CA, March 16, 2009), a California federal district court dismissed for failure to exhaust administrative remedies a complaint by a prisoner that his free exercise rights were infringed when authorities double-celled him with an Evangelical Christian who posed a threat and ultimately attacked him because he was a Satanist.
In Cary v. McNeil, 2009 U.S. Dist. LEXIS 23621 (ND FL, March 6, 2009), a Florida federal magistrate judge instructed a pro se plaintiff to file an amended complaint presenting more facts about his claims, including his claim regarding denial of a diet that complies with his religious needs.
In Portune v. Ornoski, 2009 U.S. Dist. LEXIS 24465 (ND CA, March 13, 2009), a California federal district court rejected a prisoner's complaint that he was denied parole because of his refusal to participate in a Narcotics Anonymous program that he said violated his religious beliefs. The court found that the parole board also considered whether he participated in an equivalent drug rehabilitation program.
Wednesday, April 01, 2009
US Will Seek Seat on UN Human Rights Council
Court Rejects Jewish Man's Anti-Muslim Conspiracy Charges
Air Force Institutes Scholarship Program To Train Chaplains
Former NFL Coach Invited Onto President's Faith-Based Council
Court Accepts Plea Deal With "Resurrection Clause" In It
School Agency's Creationism Neutrality Does Not Violate Establishment Clause
Illinois Break Away Episcopal Diocese Files Declaratory Judgment Action
India Supreme Court Rejects Muslim Student's Challenge To Grooming Rule
Tuesday, March 31, 2009
President Signs Law Extending Foreign Religious Worker Program To Sept. 29
Paper Says Catholic Church Knew of Priest Abuse Problem Earlier Than Previously Thought
decades before the clergy sexual-abuse crisis broke publicly across the U.S. Catholic landscape, the founder of a religious order that dealt regularly with priest sex abusers was so convinced of their inability to change that he searched for an island to purchase with the intent of using it as a place to isolate such offenders....
Fr. Gerald Fitzgerald, founder of the Servants of the Paracletes, an order established in 1947 to deal with problem priests, wrote regularly to bishops in the United States and to Vatican officials, including the pope, of his opinion that many sexual abusers in the priesthood should be laicized immediately. [Full text of letters.]
Ontario Expands Permissible Religious References On Personalized Plates
Positive or neutral expressions of religious beliefs and mythology are permissible; including references to religious celebrations, titles, leaders and symbols. All religions and beliefs are permissible.... Negative, pejorative or derogatory reference to any religion whatsoever are not permitted.... Any meaning implying the superiority or exclusivity of one religion or creed over others or proselytizing statements are prohibited....
Suit On Court Employees' Bible Study Group Settled
Morocco Takes Action Against Shiites, Christians
According to Earth Times yesterday, the government campaign has now spread to countering Christian activities. Four Christian missionaries (3 Spaniards and a German woman) were expelled from Morocco after it was alleged that they were illegally engaged in Christian proselytizing at a meeting they held in Casablanca on Saturday. However sources close to the missionaries say that only Christians were attending the communion meeting. The actions against Shiites were prompted in part by a broader controversy in the Middle East over a statement made last month by Iranian official, Ali Akbar Nateq-Nouri, who threatened Bahrain's sovereignty by announcing that Bahrain was historically a province of Iran. (New York Times, 3/29.)
Monday, March 30, 2009
Famous Indian Parliamentary Candidate Arrested For Anti-Muslim Speeches
Initially two criminal cases were filed against Gandhi, one charging his with violations of India Penal Code 153A (promoting enmity between different groups on ground of religion), 295A (deliberate acts intended to outrage religious feelings), and 505(2) (circulating statements likely to create or promote ill-will between religious groups). The other was brought under Sec. 125 of the Representation of the People Act 1951 (promoting enmity between classes in connection with election). Then on Sunday, according to India.com, additional charges were also filed by the Uttar Pradesh government under the National Security Act. Under that Act, a person arrested can be detained without bail for up to one year. However, he can contest his detention before a 3-person Advisory Board headed by a High Court judge.