Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, June 03, 2009
Summum Seeks Dismissal of Its 7 Aphorisms Monument Challenge
Obama's Outreach To Muslims Begins With TV Interview Before Leaving
I think that the United States and the West generally, we have to educate ourselves more effectively on Islam. And one of the points I want to make is, is that if you actually took the number of Muslims Americans, we'd be one of the largest Muslim countries in the world.Tony Harnden, writing for the London Telegraph, contrasts this with Obama's statement two months ago at a news conference in Turkey that Americans "do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation." Less noticed have been other statements about Islam made by the President in the Monday's Canal Plus interview:
I think the most important thing I want to tell young people is that, regardless of your faith, those who build as opposed to those who destroy ... leave a lasting legacy.... And the impulse towards destruction as opposed to how can we study science and mathematics and restore the incredible scientific and knowledge -- the output that came about during centuries of Islamic culture... I think that has to be lifted up....
I think the importance of educating women has to be something that's emphasized. If you look at indicators of human development across the board, those where girls are getting a chance for an education end up being more economically productive. How to reconcile this with some of the traditional values and norms of Islam, that's not for me to dictate, but certainly I think it's something that can be accomplished, and I want to encourage that.
British Tribunal Says Catholic Adoption Agency Policy Violates Equality Act
The Tribunal's ruling leaves leading charity Catholic Care (Diocese of Leeds) facing a deep religious impasse and creates a fundamental conflict between the tenets of the Catholic Church and the law of the land. If the charity now sticks to Church policy and continues to follow its "heterosexuals only" policy it could lose its charity status and public funding. It might also face discrimination claims by same-sex couples it has turned away in the past.(See prior related posting.)
Obama Issues LGBT Pride Month Proclamation
Ireland Will Seek More Victim Compensation From Catholic Orders
UPDATE: The June 5 Irish Times reports that the 18 religious orders which were party to the 2002 compensation agreement with the Irish government have agreed to an audit of their assets in connection with negotiations over their contributing additional amounts to compensate abuse victims.
Court Refuses To Enjoin Graduation In Church Building
A release by Americans United, which brought the lawsuit, said that at previous graduation ceremonies held in Elmbrook Church, a suburban Milwaukee mega-church, students were awarded their degrees under a 20-foot tall cross. Also the church teaches that non-Christians, such as plaintiffs, will suffer eternal torment in Hell. AU says that there are 11 secular venues in the area that could have been used for graduation. TMJ4 News says this is likely the last year the church will be used for graduation because new gymnasiums in the two high schools will be available by next year. (See prior related posting.)
Tuesday, June 02, 2009
3rd Circuit Says School Can Bar Bible Reading At Kindergarten "Show and Tell"
Restrictions on speech during a school's organized, curricular activities are within the school's legitimate area of control because they help create the structured environment in which the school imparts basic social, behavioral, and academic lessons.... Principal Cook disallowed a reading from holy scripture because he believed it proselytized a specific religious point of view.Judge Barry wrote a concurrence, saying:
children of kindergarten age are simply too young and the responsibilities of their teachers too special to elevate to a constitutional dispute cognizable in federal court any disagreement over what a child can and cannot say and can and cannot do and what a classmate can and cannot be subjected to by that child or his or her champion.Judge Hardiman dissented as to plaintiff's free speech claim, arguing that the school had engaged in unconstitutional viewpoint discrimination:
Clearly, "the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings."... It does not follow, however, that the state may regulate one's viewpoint merely because speech occurs in a schoolhouse — especially when the facts of the case demonstrate that the speech isYesterday's San Jose (CA) Mercury News reported on the decision. (See prior related posting.)
personal to the student and/or his parent rather than the school's speech. The majority’s desire to protect young children from potentially influential speech in the classroom is understandable. But that goal, however admirable, does not allow the
government to offer a student and his parents the opportunity to express something about themselves, except what is most important to them.
Oregon Passes Bill To Require Reasonable Religious Accommodation For Employees
Liberty Counsel Files IRS Complaint Against Americans United
(1) enjoin AU from continuing its intolerable waste of tax dollars through its barrage of unwarranted IRS complaints and subsequent investigations; (2) enjoin AU from continuing its abusive attacks and selective harassment of conservative churches, groups and related organizations; (3) enjoin AU from continuing its campaign of misrepresentation to the public of the political climate in relation to the conservative church and related groups; and (4) investigate the partisan pattern of filing complaints and the partisan activities of AU to determine whether such abuses represent illegal activities that jeopardize its current tax-exempt 501(c)(3) incorporation.In a release yesterday, Americans United called to complaint "a desperate diversionary tactic" by Jerry Falwell Jr.'s Liberty Counsel. AU executive director Rev. Barry W. Lynn says "Falwell knows full well that Americans United is rigorously non-partisan." Last year, a Houston area Pastors Council filed a similar complaint against Americans United. (See prior posting.)
Former Alabama C.J. Roy Moore Announces For Governor's Race
Lawyer In Case Praises Sotomayor's 1993 "Menorah" Decision
That court of appeals [the 2nd Circuit] had jurisdiction to review and reverse any decision the neophyte Judge Sotomayor might render in the White Plains case. The safest course for her was to hide behind the 1989 ruling and send Chabad packing. Instead, she took our constitutional claim seriously and authored a lengthy and detailed opinion reviewing Supreme Court precedents. She accurately described the Vermont decision issued by her superiors as "somewhat confusing" and distinguished it away. Citing a line of Supreme Court decisions that had had upheld speech with religious content and found it no less worthy of constitutional protection than secular speech, she upheld the right of a private party to deliver a religious message in a "public forum." The opinion was persuasive enough that White Plains decided not to appeal, and the Chabad menora is now a White Plains institution.
Monday, June 01, 2009
USCIRF Asks Obama To Raise Religious Freedom Issues In Saudi Arabia, Egypt
Tiller Murder May Impact Sotomayor Hearings
George Tiller was a mass-murderer. We grieve for him that he did not have time to properly prepare his soul to face God. I am more concerned that the Obama Administration will use Tiller's killing to intimidate pro-lifers into surrendering our most effective rhetoric and actions.... Those men and women who slaughter the unborn are murderers according to the Law of God. We must continue to expose them in our communities and peacefully protest them at their offices and homes, and yes, even their churches.
Dutch Cabinet Will Not Move To Repeal Blasphemy Law
Recent Articles of Interest
- Zachary R. Calo, Catholic Social Thought, Political Liberalism, and the Idea of Human Rights, (May 19, 2009).
- Steven Goldberg, Does the Wall Still Stand? The Implications of Transhumanism for the Separation of Church and State, (May 22, 2009).
- Steven Goldberg, The Book of Job and the Role of Uncertainty in Religion and Law, (May 27, 2009).
From SmartCILP and elsewhere:
- Gordon Butler, The Essence of Human Rights: A Religious Critique, 43 University of Richmond Law Review 1255-1317 (2009).
- Symposium. Is There a Higher Law? Does it Matter?, 36 Pepperdine Law Review 463-665 (Special Issue, 2009).
Sunday, May 31, 2009
Church In Zoning Dispute Wants City Held In Contempt of 2006 Order
Indian Court Says It Can Decide What Are Basic Tenets of a Religion
For an issue of religion, an action cannot be bestowed with legitimacy, merely because the action is forward-looking and non-fundamentalist Religion is a package of beliefs or doctrines which all those who adopt the particular religion, are expected to follow. The issue is not of logic, but of faith.... If the tenet concerned is of fundamental importance, it is legitimate for the followers of the faith, to treat the same as unpardonable.... Religion must be perceived as it is, and not as another would like it to be.... Once a Court arrives at the conclusion that a particular aspect of a religion, is fundamental and integral, as per the followers of the faith, it must be given effect to, irrespective of the views expressed on the said issue, based either on science or logic.The Chandigarh (India) Tribune yesterday reported on the decision.
County Backs Off Controversial Zoning Citation Against Bible-Study Group Meetings
Two Employment Discrimination Cases-- One Settled, One Filed
In Phoenix, Arizona, the ACLU announced Friday that it has filed an employment discrimination lawsuit against the Maricopa County Sheriff's Office on behalf of Sinan Fazlovic, a Bosnian Muslim who moved to the United States in 1999. (Full text of complaint.) When Fazlovic accepted a job as a detention officer, he was assured he could continue to wear his beard. However subsequently he was told he would have to shave his beard in order to keep his job, and was denied a religious accommodation. He shaved his beard temporarily, but then regrew it. He was reassigned to a lower paying position and he ultimately resigned. The Phoenix New Times reports on the case. In a statement (full text from Phoenix New Times), the sheriff's office says that its actions were the result of federal OSHA regulations governing the type of face masks authorized for use in jail emergency situations.
Wikipedia Arbitrators Ban Scientology Edits
This longstanding dispute is a struggle between two rival factions: admirers of Scientology and critics of Scientology.... Editors from each side have gamed policy to obtain advantage.... Aggravating factors have been (i) the presence of editors openly editing from Church of Scientology equipment and apparently coordinating their activities; and (ii) the apparent presence of notable critics of Scientology, from several Internet organisations, apparently editing under their own names and citing either their own or each other's self-published material.... Each side wishes the articles within this topic to reflect their point of view and have resorted to battlefield editing tactics, with edits being abruptly reverted without any attempt to incorporate what is good, to maintain their preferred status quo.This is apparently the first time that Wikipedia has imposed such a broad organizational ban on editorial contributors.