Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, June 22, 2009
"Prayer Station" Inside City Hall Is Questioned
Australian Sikh Files Complaint Over Helmet Requirement To Take Motorcycle License Test
In Israel, Court Hears Suit By Messianic Congregation Against Beersheba's Chief Rabbi
Recent and Forthcoming University Press Books of Interest
U.S. Religious History and Politics:
- Winnifred F. Sullivan, Prison Religion: Faith-Based Reform and the Constitution , (Princeton Univ. Press, 2009).
- James M. O'Toole, The Faithful: A History of Catholics in America, (Belknap Press, Nov. 2009).
- Moshik Temkin, The Sacco-Vanzetti Affair: America on Trial, (Yale University Press, April 2009).
- Shayne Lee & Phillip Luke Sinitiere, Holy Mavericks: Evangelical Innovators and the Spiritual Marketplace, (NYU Press, April 2009).
- Hasia R. Diner, We Remember with Reverence and Love: American Jews and the Myth of Silence after the Holocaust, 1945-1962, (NYU Press, April 2009).
Europe, Asia and the Middle East:
- Alan E. Steinweis, Kristallnacht 1938, (Belknap Press, Nov. 2009).
- Rebecca Nedostup, Superstitious Regimes: Religion and the Politics of Chinese Modernity, (Harvard East Asian Monographs, Nov. 2009).
- Benjamin J. Kaplan, Divided by Faith: Religious Conflict and the Practice of Toleration in Early Modern Europe, (Belknap Press, Oct. 2009).
- Robert Garland, Introducing New Gods: The Politics of Athenian Religion, (Cornell University Press, 2009).
- Ali A. Allawi, The Crisis of Islamic Civilization, (March 2009, Yale University Press).
- Thomas Brudholm & Thomas Cushman (eds.), The Religious in Responses to Mass Atrocity: Interdisciplinary Perspectives, (Cambridge University Press, Feb. 2009).
Mousavi Letter Includes Analysis of Relation of Islam To Democracy
If the very large magnitude of the cheating and vote-rigging, which has fueled popular discontent, is cited as proof of the absence of cheating, then the Republic is headed for the slaughterhouse, and the allegation that Islam and republicanism are contradictory will have been proven.... Such a fate will gladden two groups.
One group, from the beginning of the Revolution, had fortified itself against the Leader [Ayatollah Khomeini]. It insisted that an Islamic government must be run like the dictatorship of the righteous. Adherents of this group, in their defunct thinking, surmised that they could drag people to paradise by force. The second group were those who, under the guise of defending the people’s rights, declared religion and Islam contradictory to a republican form of government.
The Leader [Khomeini] maneuvered astutely to neutralize the sorceries of these two groups. Relying on the path of the Leader [Khomeini], I came to neutralize the sorcerers who have resurfaced since then.
Sunday, June 21, 2009
School District Incurs High Legal Fees In Unsuccessful Defense of Prayer Lawsuit
Paper Publishes Long Expose On Tactics Used By Church of Scientology
The article claims that "physical violence permeated Scientology's international management team. Miscavige set the tone, routinely attacking his lieutenants."
One of the most interesting parts of today's long article is the account of Scientology's efforts-- ultimately successful in 1993-- to regain its tax exempt status from the IRS. The IRS had revoked the Church's 501(c)(3) exemption in the 1960's, arguing that it was a commercial enterprise. Hubbard unsuccessfully attempted to regain it through infiltrating the IRS, copying documents and withholding tax payments. (Background.) Miscavige used a new strategy, described at length by the Times:
Miscavige says that the defectors who provided information for the series are liars and are attempting to stage a coup to seize control of the Church. Additional installments in the newspaper's series will appear tomorrow and Tuesday. Those installments, along with additional material already available, will be linked here.Overwhelm the IRS. Force mistakes. The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions....
The church ratcheted up the pressure with a relentless campaign against the IRS.
Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington.
A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology.... They also knew the other side was hurting. A memo obtained by the church said the Scientology lawsuits had tapped the IRS's litigation budget before the year was up....Another memo documented a conference of 20 IRS officials in the 1970s. They were trying to figure out how to respond to a judge's ruling that Scientology met the agency's definition of a religion. The IRS' solution? They talked about changing the definition. .... Rathbun says that contrary to rumor, no bribes were paid, no extortion used. It was round-the-clock preparation and persistence — plus thousands of lawsuits, hard-hitting magazine articles and full-page ads in USA Today criticizing the IRS. "That was enough," Rathbun said. "You didn't need blackmail."
Nigerian Court Asked To Enjoin Rival From Forcing Plaintiff To Swear An Oath
Recent Prisoner Free Exercise Cases
In Elock v. Trancoso, 2009 U.S. Dist. LEXIS 49731 (CD IL, June 15, 2009), an Illinois federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities searched her cell and threw away two of her prayer books. The court also expressed doubt that plaintiff could show a violation of her constitutional rights.
In Levy v. Holinka, 2009 U.S. Dist. LEXIS 49586 (WD WI, June 11, 2009), a Wisconsin federal district court permitted an inmate who followed the Hebrew Israelite faith to move ahead with free exercise, RFRA, establishment clause and equal protection challenges to federal prison authorities' refusal to permit him to observe his high holidays and to wear a kufi.
In Fletcher v. Vandyne, 2009 U.S. Dist. LEXIS 49877 (SD OH, June 11, 2009), an Ohio federal magistrate judge dismissed, for lack of evidence, an inmate's claim that prison authorities violated RLUIPA when they refused to serve him non-pork based products several times in the same week.
Saturday, June 20, 2009
French Legislators Want Investigation of Wearing Of Burqas
UPDATE: On Monday (June 22), French President Nicolas Sarkozy, as part of a speech to Parliament, added his support to creation of a commission to study the burqa and ways to prevent its spread. Monday's New York Times reports that Sarkozy characterized the issue as one of freedom and women's dignity. Under recent reforms, the speech was the first by a French president to Parliament since 1875.
Khamenei Sermon Defends Iran's Theocracy, Criticizes US Religious Freedom Record
These elections showed our religious democracy to the entire world. All those people who are ill-wishers towards the system witnessed what religious democracy really is.
This is a third way different from dictatorships and tyrannical systems on the one hand and democracies removed from spirituality and religion on the other. This is religious democracy. This is what attracts the hearts of people and brings them to the center of the arena, and it just passed its test. That was one point about the election....
In the US, in a Democrat administration, when the husband of this lady who is making comments (Khamene'i refers to Bill Clinton) was in charge, more than 80 people, members of the [Branch] Davidian sect were burned alive. They cannot deny it. Democrats did it. The Davidian sect angered the American government for some reason. The followers of the Davidian sect were staging a sit-in protest in a house. The authorities asked them to come out. The Davidians refused. More than 80 men, women and children were burned alive in this house. The Americans have no understanding of human rights.
I think the American officials should take it upon themselves feel ashamed. The Islamic Republic is the flag-bearer of human rights. The way we defend the suppressed people of Palestine, Lebanon, Iraq and Afghanistan shows our commitment. It shows the human rights flag is flying high in Iran. We do not need the advice of others on human rights. That was my take on the election.
Appeals Filed In Valedictorian Speech, Montana Law School CLS, Cases
Also on Thursday, an appeal was filed with the U.S. 9th Circuit Court of Appeals in Christian Legal Society v. Eck. (Full text of Notice of Appeal.) In the case, a Montana federal district court upheld application of the University of Montana Law School's non-discrimination and open-membership policies for recognized student groups to the Christian Legal Society. (See prior posting.) The Alliance Defense Fund issued a release announcing the appeal.
Friday, June 19, 2009
Obama Speaks At Hispanic Prayer Breakfast
In his remarks, he indicated his commitment to passing comprehensive immigration reform, and also made reference to his recent nomination of Judge Sonia Sotomayor to the U.S.Supreme Court.At a time when there's no shortage of challenges to occupy our time, it's even more important to step back, and to give thanks, and to seek guidance from each other -- but most importantly, from God. That's what we've come here to do.
We can begin by giving thanks for the legacy that allows us to come together. For it was the genius of America's Founders to protect the freedom of all religion, and those who practice no religion at all. So as we join in prayer, we remember that this is a nation of Christians and Muslims and Jews and Hindus and non-believers. It is this freedom that allows faith to flourish within our borders. It is this freedom that makes our nation stronger.
For those of us who draw on faith as a guiding force in our lives, prayer has many purposes. For many, it is a source of support when times are hard.... But prayer is more than a last resort. Prayer helps us search for meaning in our own lives, and it helps us find the vision and the strength to see the world that we want to build.
Texas High Court Says State RFRA Applies To Zoning Restrictions
Chaplain Resigns After In-Jail Bar Mitzvah Party Disclosed
Church Sues Florida School Board Over Flyer Policy
Civil Rights Group Issues New Report On Hate Crimes
Fear and vilification of immigrants has combined with the worst economic downturn in decades and the election of the first African-American president to cause a surge in the activity of white supremacist groups.... Extremists have taken advantage of the Internet and new technologies to recruit new members and promote their bigoted ideology. Whereas hate mongers once had to stand on street corners and hand out mimeographed leaflets to passersby, extremists now use mainstream social networking sites such as MySpace or Facebook to access a potential audience of millions — including impressionable youth.[Thanks to Michael Lieberman for the lead.]
Old Abuse Claim Filed By Cardinal O'Connor's Nephew
Thursday, June 18, 2009
Religious Conservatives Criticize Obama's Extension of Some Benefits To Gay Couples
Obama indicated that current federal law precludes him from going further by executive action, but announced his support for the Domestic Partners Benefits and Obligations Act that would extend the full range of benefits-- including health care and retirement benefits--to same-sex couples as are enjoyed by married heterosexual couples. Not surprisingly, a number of conservative Christian groups, as in a press release from the Family Research Council, have criticized the President's action. Dan Gilgoff reports that they contend the Memorandum essentially elevates same-sex partnerships to a status that approximates marriage, in violation of at least the spirit of the federal Defense of Marriage Act.