Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, April 30, 2009
3rd Circuit Rules On Constitutional Claims By 3 Abortion Protesters
In McTernan v. City of York, Pennsylvania, (3d Cir., April 27, 2009), the court concluded that the burden placed on McTernan delivering his religiously motivated message was not pursuant to a neutral and generally applicable regulation since Clinic personnel, clients and escorts were permitted access to the street. Thus the restriction was subject to a strict scrutiny analysis. The court remanded the case for trial for a jury to determine whether the restriction served a "compelling" governmental interest and was narrowly tailored. The court also remanded McTernan's speech claim for trial. It held that police directives as to speech create potentials for arbitrary enforcement and are subject to heightened scrutiny. It held that factual questions remain as to whether the police restrictions were "narrowly tailored" to further the government's "significant" interest in traffic safety. The court however dismissed certain of McTernan's claims asserting municipal liability.
In Snell v. City of York, Pennsylvania, (3d Cir, April 27, 2009), the court found that no reasonable jury could find that the free exercise restrictions placed on plaintiff were "generally applicable", but remanded for trial on whether there was a "compelling" governmental interest in the restrictions. It remanded his free speech claim for trial on whether police restrictions were "narrowly tailored." The court also remanded Snell's 4th Amendment claim for a jury to decide whether there was probable cause for his disorderly conduct arrest, but rejected his excessive force claim. The court dismissed certain of Snell's claims asserting municipal liability.
In Holman v. City of York, Pennsylvania, (3d Cir., April 27, 2009), the court found that plaintiff failed to demonstrate that any restriction had been placed on his free speech or free exercise rights. The court also found no 4th Amendment violations in Holman's arrest for trespass and affirmed the trial court's grant of summary judgment for defendants.
Alliance Defense Fund issued a release discussing two of the cases. (See prior related posting.)
Obama's First 100 Days Performance On Religion and Faith Is Assessed
In his first 100 days in office, President Obama has sought a bold new role for faith in the White House, which aides say is aimed largely at dialing down the decades-old culture wars. Without changing his party's liberal stances on social issues like abortion, for example, Obama is nonetheless attempting to reach out to religious conservatives by pledging to work toward reducing demand for abortion.... So far, the project has blunted the Christian right's usual criticism of Democratic administrations .... But it has also alienated some traditionally Democratic constituencies, from advocates for strict church-state separation to the gay rights movement. Obama's most substantive move on religion so far has been launching his own version of Bush's faith-based initiative office, tasked with helping religious groups get federal dollars for social service projects for the needy.Americans United used the occasion to issue a "report card" on Obama's handling of church-state issues. It awarded the President an "A" on opposition to theocracy and judicial appointments. Obama received an "A-" on tax aid to religious schools and administration appointments. He received an "Incomplete" on his faith-based initiative.
Senate Judiciary Hearing Held On Nominees for Civil Rights Division, Judgeships
Yesterday, the U.S. Senate Judiciary Committee held a hearing on three nominees (webcast of hearing):
- Thomas E. Perez, to be Assistant Attorney General, Civil Rights Division, Department of Justice. (See prior posting.)
- David F. Hamilton, to be United States Circuit Judge for the Seventh Circuit. (See prior posting.)
- Andre M. Davis, to be United States Circuit Judge for the Fourth Circuit. (See prior posting.)
CQ reports that the most controversial of the nominations is that of David Hamilton. Apparently, this is because as a federal district court judge, Hamilton wrote two decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.) Republicans boycotted the first Judiciary Committee hearing on Hamilton on April 1, claiming that Democrats were moving too quickly on it. Only one Republican (Oklahoma's Tom Coburn) was in attendance yesterday.
Britain's New Equality Bill Published and Introduced Into Commons
Including religion or belief in the new Equality Duty will require public authorities to consider how to eliminate discrimination, advance equality of opportunity and foster good relations for people of different religions or beliefs. This could result in health and social care providers analysing different levels of use of their services between different communities and taking positive steps to ensure access to services and better outcomes. This might, for example, particularly help Muslim women of Bangladeshi and Pakistani origin who have significantly poorer maternal and child health outcomes and are significantly less likely to access ante-natal services, partly because they are concerned they will be unable to receive services from women.
House Passes Hate Crimes Prevention Act
California High Court Will Not Hear Appeal On Expulsion Of Lesbian Students
Suspended Proselytizing Lawyer Sues Charging Conspiracy
UPDATE: The May 7 West Virginia Record reports that Judge Bloom said, in a letter to the state's chief justice, that while he does not believe his religion is grounds for recusal, nevertheless he will recuse himself on the ground that both parties to the case are lawyers who have appeared before him in the past, and are likely to in the future.
UPDATE 2: The May 12 West Virginia Record reports that Circuit Judge Alan D. Moats has been appointed by the state Supreme Court to preside over the trial.
New Hampshire Senate Passes Same-Sex Marriage Bill Different From House Version
Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride," "groom," or "spouse."The bill also provides that a marriage may be solemnized either in a civil ceremony or a religious ceremony, and that neither clergy nor civil officials shall be required to officiate at any civil of religious marriage ceremony that would violate their free exercise of religion. Baptist Press reports that the Senate amendment clearly recognizing a difference between religious and civil ceremonies convinced Senate Judiciary Committee Chairwoman Deborah Reynolds to vote for the bill in the full Senate after opposing it in committee.
Under the bill, previous civil unions will be recognized as marriages in the state. AP reports that New Hampshire Governor John Lynch has said that the crucial issue is providing the same rights and protections to same-sex couples as to others, and that the state's existing civil unions law does that. Thus it is unclear whether the Governor will sign the same-sex marriage bill even if both houses agree on it.
Wednesday, April 29, 2009
Court Enjoins Use of RLDS Name By Break Away Church
Michigan Civil Rights Commission Opposes Proposed Rule On Niqabs In Court
Court Says Former Episcopal Congregation Loses Trust In Break-Off
Israeli Official Suggests Different Name For "Swine Flu"
[UTJ] has joined numerous past coalitions without ever accepting a Cabinet ministry, because its non-Zionist principles do not allow it to become part of the state's ruling establishment. Instead, its leaders have become deputy ministers in departments where the minister's chair is left vacant. Therefore, the party can control an influential, patronage-rich ministry without taking an oath of allegiance to the Jewish state.
Court Says District Council Wrongly Took Local Church's Property
Irish Justice Minister Proposes Blasphemy Law
Court Finds Land Used By Religious Order Is Entitled To Tax Exemption
Tuesday, April 28, 2009
White House Religious Liaison Appointed
Wyoming High Court Finds Free Exercise Claim Improperly Raised In Workers Comp Proceeding
Alaska High Court Rules On Constitutionality of Required TB Test
The Huffmans do not profess to subscribe to any organized religion. They rely solely on their affidavits as evidence of their nontraditional religious beliefs. Their statements use the terms "religion" and "religious beliefs," but they discuss only an opposition to putting harmful substances into the body. The record provides no indication that the Huffmans’ feelings are connected to a comprehensive belief system, set of practices, or connection to ideas about fundamental matters.The court however remanded the case to the lower court for it to consider further plaintiffs' alternative claim that the required TB test violates their privacy interest in making decisions about their children's medical treatments, protected by Article I, sections 1 and 22 of the Alaska Constitution. It instructed the trial court to consider whether alternative tests for TB which do not involve injecting substances into the body could be used effectively to achieve the state's goals.