Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, June 05, 2009
Brooklyn Bishop Lobbies Hard Against Statute of Limitations Window
Some charge that Bishop DiMarzio entered a political deal with Assemblyman Vito J. Lopez, forcing Father James O'Shea to resign as executive director of Churches United. That group had questioned the lack of transparency in the planning process for a large urban renewal housing project in Williamsburg. Lopez headed the Assembly's housing committee that helped get funding for the project, and he also founded a nonprofit social services organization that has part of the contracts for preliminary project development work. Critics say that in exchange for the removal of Fr. O'Shea, Assemblyman Lopez introduced the competing bill that lengthened the statute of limitations in abuse cases without providing a one-time window for old claims to be asserted. Lopez denies any such deal.
Bahrain Adopts New Family Law For Sunnis; Excludes Shiites
Maryland AG Says Court Security Can Require Temporary Removal of Face Coverings
To minimize potential conflicts between the requirements of courthouse security and the religious practices of individuals entering the courthouse, it would be useful if security details were comprised of both male and female officers and if a private space were available at the entrance of the courthouse for those individuals whose religion discourages removal of a head covering in public.While the opinion is focused primarily on issues of Muslim women wearing a niqab, portions of the opinion indicate that it applies to other kinds of head coverings worn by men as well. Today's Examiner reports on Attorney General Douglas Gansler's opinion and the ACLU's concern about its impact on other head coverings.
Court Refuses To Dismiss Challenge To Illinois Drivers License Rules
The court refused to dismiss plaintiffs' free exercise, equal protection and state RFRA challenges to the statute and regulations. However the court did dismiss plaintiffs' right to travel and due process challenges to the Illinois requirements.
Recent Prisoner Free Exercise Cases
Moriarty v. Rendell, 2009 U.S. Dist. LEXIS 44100 (MD PA, May 26, 2009), involves an inmate's claim that he was required to attend a religious-based 12-step drug and alcohol treatment program as a condition of parole. In this decision, a Pennsylvania federal district court adopted a magistrate's report and dismissed certain 1st, 8th and 14th Amendment claims relating to the required attendance.
In Colon v. Passaic County, 2009 U.S. Dist. LEXIS 45151 (D NJ, May 27, 2009), a New Jersey federal district court certified all persons who are or will become incarcerated at the Passaic County Jail during the pendency of the lawsuit as the appropriate class to bring a number of claims, including alleged restriction on religious freedom.
In Rouser v. White, 2009 U.S. Dist. LEXIS 45171 (ED CA, May 15, 2009), a California federal district court, in a lengthy opinion, allowed plaintiffs to move forward on many of their RLUIPA, free exercise clause, establishment clause and equal protection challenges to a prison's restrictions on various Wiccan religious practices.
Falun Gong Adherent Charges Chinese Restaurant In New York With Discrimination
Scotish Tribunal Says Minister Is Not "Employee" In Unfair Dismissal Case
Thursday, June 04, 2009
Court Says It Can Order Father To Pay Religious School Tuition
The appellate court also rejected the father's argument that ordering him to pay for a private religious school would be unconstitutional because it would require him to financially support a religious institution to which he does not subscribe. The court concluded that the father is not being required to support a religious institution, but instead is merely being required to make a child support payment to his former spouse to provide for his children's education in a school the court has found to be in their best interests. Yesterday's Douglas (AZ) Dispatch reports on the decision.
Audit of 2008 Anti-Semitic Incidents Released
Clergyman Convicted of Violating Noise Law Through Playing Church Bells
Sikh High Schooler Sues NY Department of Education For Failing To Protect Him
Obama's Speech To Muslim World Includes Focus On Religious Freedom
Islam has a proud tradition of tolerance. We see it in the history of Andalusia and Cordoba during the Inquisition. I saw it firsthand as a child in Indonesia, where devout Christians worshiped freely in an overwhelmingly Muslim country. That is the spirit we need today. People in every country should be free to choose and live their faith based upon the persuasion of the mind, heart, and soul. This tolerance is essential for religion to thrive, but it is being challenged in many different ways.
Among some Muslims, there is a disturbing tendency to measure one’s own faith by the rejection of another’s. The richness of religious diversity must be upheld – whether it is for Maronites in Lebanon or the Copts in Egypt. And fault lines must be closed among Muslims as well, as the divisions between Sunni and Shia have led to tragic violence, particularly in Iraq.
Freedom of religion is central to the ability of peoples to live together. We must always examine the ways in which we protect it. For instance, in the United States, rules on charitable giving have made it harder for Muslims to fulfill their religious obligation. That is why I am committed to working with American Muslims to ensure that they can fulfill zakat.
Likewise, it is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit – for instance, by dictating what clothes a Muslim woman should wear. We cannot disguise hostility towards any religion behind the pretence of liberalism.
Indeed, faith should bring us together. That is why we are forging service projects in America that bring together Christians, Muslims, and Jews. That is why we welcome efforts like Saudi Arabian King Abdullah’s Interfaith dialogue and Turkey’s leadership in the Alliance of Civilizations. Around the world, we can turn dialogue into Interfaith service, so bridges between peoples lead to action – whether it is combating malaria in Africa, or providing relief after a natural disaster.
9th Circuit Says San Francisco's Criticism of Catholics Did Not Violate Establishment Clause
Judge Berzon concurred, saying it was important that the resolution was limited in three ways: no regulation was attached to the resolution; the resolution was merely enacted; it was not made more permanent through plaques or ads; and the resolution was not repeated or pervasive. Yesterday's San Francisco Chronicle reported on the decision.To be sure, the Board could have spoken with a gentler tone, but the strength of the Board’s language alone does not transform a secular purpose into a religious one.... [S]ame-sex adoption is "a secular dimension of the City’s culture and tradition that the City believes is threatened by the specific directive issued to the Archdiocese."... [T]he Board’s well-established practice of responding whenever the equality of gay and lesbian families is called into question necessarily colors the message conveyed by the Resolution. In adopting the Resolution, consistent with past practice, the Board sought to champion same-sex families and nondiscrimination as to gays and lesbians. An objective observer would understand as much.
Mediation Settles Epicopal Church Dispute In Colorado Springs
NH Governor Signs Same-Sex Marriage Bill After New Religious Protections Added
Wednesday, June 03, 2009
Fiji Orders Methodists To Cancel Annual Conference
Russian Trial Reflects Split Between Young Muslims and Establishment
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.)