[T]he fact that AIG is largely a secular entity is not dispositive. "The question in an as-applied challenge is not whether the entity is of a religious character, but how it spends its grant."... In this case, the United States government has a majority interest in AIG. AIG utilizes consolidated financing whereby all funds flow through a single port to support all of its activities, including Sharia-compliant financing. Pursuant to the ESSA, the government has injected AIG with tens of billions of dollars without restricting or tracking how this considerable sum of money is spent.... [A]fter the government acquired a majority interest in AIG... [it] co-sponsored a forum entitled "Islamic Financing 101." These facts, taken together, raise a question of whether the Government's involvement with AIG has created the effect of promoting religion and sufficiently raise Plaintiff's claim beyond the speculative level, warranting dismissal inappropriate at this stage in the proceedings.The Thomas More Law Center which filed the lawsuit issued a press release summarizing the decision. (See prior related posting.)
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, May 28, 2009
Court Refuses To Dismiss Establishment Clause Challenge To AIG Bailout
Alberta Assembly Set To Pass Parental Rights Provisions
Theology Professor Named As US Ambassador To Vatican
Holy Land Foundation Defendants Sentenced
Federal Lawsuit Challenges Prop 8; Some Gay-rights Activists Question Strategy
A number of gay rights activists criticized the filing of the lawsuit, arguing that it could backfire strategically. Yesterday's Examiner says these critics fear that the current Supreme Court would rule against the challenge, and that this would then undermine attempts to get state courts to protect gay marriage under state constitutions. These critics point to another case moving through the federal courts challenging the federal Defense of Marriage Act, which they say is a better first step toward getting federal courts to protect same-sex marriage.
Negotiators On FLDS Land Trust Still Have Not Reached Agreement
According to yesterday's Houston Chronicle, current negotiations are focusing on proposals to create a neutral housing board to deal with claims, and to set aside undeveloped lots for former members who were either excommunicated or left the church voluntarily. Apparently the parties are close to agreement on access to parks, use of a cemetery and payment of outstanding bills. However, Arizona Assistant Attorney General Bill Richards said current proposals raise constitutional and trust law problems and do not meet the court's standards for secular management of the trust. Utah Attorney General Mark Shurtleff is more concerned about reaching an agreement. He says otherwise there will be year of litigation.
AU Asks IRS To Review 501(c)(3) Status of Liberty University
Wednesday, May 27, 2009
Hate Crimes Bill Opponents Invoke "Pedophile Protection" In New Campaign
Organizers online offer, for $10.95, to FedEx a letter to every Senator over the name of an individual urging a filibuster of S.909, the Senate version of the bill. The form letter reads in part: "This bill would more appropriately be called 'The Pedophile Protection Act.' The evidence for this extraordinary statement comes directly from debate in the House, when a simple amendment to exempt pedophiles from the protections offered by the bill were rejected."
Wrongful Death Case Against Jehovah's Witnesses In Canada Dismissed In Part
Religious Protesters of Gun Store Acquitted
UPDATE: The Centre Daily Times has a more extensive report on yesterday's acquittals. Defendants, including several ministers, were part of a group called Heeding God's Call, which is attempting to involve faith groups in the gun-control movement. It chose Colosimo's for its protest because of its record for selling guns later used in crimes.
UPDATE2: A Philadelphia Inquirer columnist on Wednesday published a lengthy account of the activities of the anti-gun violence group, the record of the gun store chosen and the arguments made by the defense at trial.
AU Asks County To Assure Homeless Shelter Does Not Pressure Residents Into Prayer
Tuesday, May 26, 2009
California High Court Upholds Proposition 8, But Validates Pre-Prop 8 Marriages
The majority opinion by Chief Justice George held that: Proposition 8 merely "carves out a narrow and limited exception" to privacy, due process and equal protection provision in the state constitution, "reserving the official designation of the term 'marriage' for the union of opposite-sex couples as a matter of state constitutional law, but leaving undisturbed all of the other extremely significant substantive aspects of a same-sex couple’s state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection of the laws."
Justices Kennard and Werdegar each wrote a concurring opinion. Justice Kennard also joined the majority opinion while Justice Werdegar only agreed with the result, but rejected much of the majority's analysis. Justice Moreno dissented arguing that Proposition 8 is a "revision" of the Constitution because it "strikes at the core of the promise of equality that underlies our California Constitution" by requiring discrimination on the basis of a suspect classification. The Court has also issued a press release describing the opinions. The New York Times reports on the decision.
Sotomayor Is High Court Pick; Here Are Her Religion Decisions
On the Second Circuit, Sotomayor wrote an important dissent in one case
- Hankins v. Lyght, (2006): In an age discrimination challenge by a Methodist clergyman, Judge Winter writing for the majority held that RFRA is properly applied to an Age Discrimination in Employment Act claim. Judge Sotomayor dissented contending that RFRA does not apply to disputes between private parties and that the ADEA does not govern disputes between religious entities and their spiritual leaders.
- United States v. Reimer, (2004)(citizenship revocation of Nazi collaborator);
- Ford v. McGinnis, (2003) (prisoner free exercise);
- Salahuddin v. Mead, (1999) (prisoner free exercise).
Sotomayor was on the 2nd Circuit panel that decided a number of other religion-related cases, many of which were either prisoner or immigration cases. Three that involved other types of religion issues in which Sotomayor joined the court's opinion were:
- Friedman v. Clarkstown Central School District, 75 Fed. Appx. 815 (2003) [LEXIS link] (religious objection to required immunization);
- Fifth Ave. Presbyterian Church v. City of New York, (2002) (use of church grounds as homeless shelter);
- Rosario v. Does 1 to 10, 36 Fed. Appx. 25 (2002) [LEXIS link] (teacher dismissed for introducing religious material in classroom).
- [UPDATE] Related opinions in Okwedy v. Molinari (1, 2) (Staten Island Borough president complains to billboard company about display of Biblical verses condmning homosexual behavior.) (Discussed at Volokh Conspiracy.)
Sotomayor wrote more extensively on religion clause matters as a federal district judge. Here is a survey of her religion opinions while on the Southern District of New York:
- Mehdi v. United States Postal Service, 988 F. Supp. 721 (1997) [LEXIS link] (rejecting claim by Muslim plaintiffs that post offices must include crescent and star along with Christmas and Hanukkah decorations);
- Moore v. Kennedy, 1996 U.S. Dist. LEXIS 11474 (1996) (prisoner free exercise);
- Miller v. New York State Department of Labor, 1996 U.S. Dist. LEXIS 11067 (1996) (employment discrimination);
- Utkor v. McElroy, 930 F. Supp. 881 (1996) [LEXIS link] (immigration asylum);
- DiNapoli v. DiNapoli, 1995 U.S. Dist. LEXIS 13778 (1995) (accusations against sibling, member of religious order, growing out of estate administration).
- Rodriguez v. Coughlin, 1994 U.S. Dist. LEXIS 5832 (1994) and Campos v. Coughlin, 854 F. Supp. 194 (1994) [LEXIS link] (preliminary injunction allowing Santeria prisoners to wear religious beads).
- Flamer v. City of White Plains, 841 F. Supp. 1365 (1993) [LEXIS link] (enjoining city from preventing rabbi's placing of menorah in city park during Hanukkah).
UPDATE: Here is the White House press release and blog posting on the nomination. Here is the full text of the President's remarks on his choice. Orin Kerr on Volokh Conspiracy points out that if Sotomayor is confirmed, six of the nine Justices will be Catholic. Two are Jewish and Justice John Paul Stevens will be the only Protestant remaining on the Court. (Background data.)
UPDATE 2: The Wall Street Journal on Wednesday posted an interesting interview with Prof. Douglas Kmiec on how Judge Sotomayor's Catholic upbringing may have affected her judicial performance and decisions.
Minnesota Boy's Mother Returns Him For Cancer Treatment
UPDATE: The St. Paul Pioneer Press reports that at a May 26 hearing, a Brwon County judge retruned custody of Daniel Hauser to his parents after the parents agreed to drop their objections to his receiving chemotherapy.
Visiting Sikh Preachers In Austria Shot Over Disagreement With Sermon
New York's Hate Crime Provisions Upheld In Recently Released Opinion
Scientology and Its Leaders In France Go On Trial For Fraud
The indictment by the investigating magistrate charges Scientology is a commercial business that runs a deliberately manipulative system which exploits vulnerable people. Scientology's lawyer says: "It's a trial for heresy: this could only happen in France..." If convicted, the individual defendants each face a possible 1 million Euro fine 10 years in prison. The Celebrity Centre and bookshop could be fined $5 million Euros and closed down in France.
Monday, May 25, 2009
Memorial Day Proclaimed As Day of Prayer For Veterans and Peace
(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;On Friday, President Obama issued a Proclamation, "Prayer for Peace, Memorial Day, 2009" (full text), providing in part:
(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;
(3) calling on the people of the United States to unite in prayer at that time; and
(4) calling on the media to join in observing Memorial Day and the period of prayer.
As we remember the selfless service of our fallen heroes, we pray for God's grace upon them. We also pray for all of our military personnel and veterans, their families, and all those who have lost loved ones in the defense of our freedom and safety....
I ... do hereby proclaim Memorial Day, May 25, 2009, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time to unite in prayer.
Episcopal Church and Break-Away Diocese Litigate Over Retainer Paid To Counsel
Back in 2007, the Diocesan Council paid $500,000 as an advance on legal fees to its law firm, Wild, Carter & Tipton of Fresno, California, in anticipation of litigation that might be filed over property ownership. After the break-off, ECUSA appointed new officials to continue as the Episcopal diocese. They sued the law firm for declaratory relief and to recover the advanced attorneys' fees, invoking several theories of wrongful transfer. The court dismissed most of them, invoking the rule that an agent cannot conspire with its own principal. The court concluded, however, that the claim the transfer was a fraudulent conveyance could succeed, but only if ECUSA is able to prove its allegation that the transfer of funds was undertaken with the intent to injure ECUSA and that the Diocese did not receive reasonably equivalent value in exchange for the fund transfer.
Recent Articles of Interest
- Zachary R. Calo, The Internationalization of Church-State Issues, (Church and State Issues in America Today, 3 Volumes, Ann W. Duncan & Steven L. Jones, eds., Praeger Publishers, 2008).
- Eric Segall, Mired in the Marsh: Legislative Prayers, Moments of Silence, and the Establishment Clause, (Forthcoming, University of Miami Law Review, 2009).
- Zachary R. Calo, 'The New Internationals': Human Rights and American Evangelicalism, (Is the Good Book Enough?, David K. Ryden, ed, Forthcoming).
- Jeffrey R. Baker, Whom Would Jesus Cover? A Biblical, Ethical Lens for the Contemporary American Health Care Debate, (Journal of Law & Health, Vol. 23, Fall 2009).
From SmartCILP:
- Darshan Brach, Logic for the Magic of Mindful Negotiation, 24 Negotiation Journal 25-44 (2008).
- Samuel J. Levine, Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, and the New York Emergency Rent Laws of 1920: A Case Study in the Role of Jewish Lawyers and Jewish Law in Early Twentieth Century Public Interest Litigation, 33 Journal of the Legal Profession 1-29 (2008).
- Robert Steinbuch, Kidneys, Cash, and Kashrut: A Legal, Economic, and Religious Analysis of Selling Kidneys, 45 Houston Law Review 1529-1607 (2009).
- Adrien Katherine Wing, International Law, Secularism, and the Islamic World, 24 American University International Law Review 407-428 (2009).