Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, July 09, 2009
Questions Raised Over Canadian Prime Minister At Funeral Mass
House Climate Change Bill Includes Provisions Of Interest
- Section 202 includes faith institutions and other non-profits in the group of nonresidential buildings that are eligible for assistance in retrofitting to achieve energy efficiency and improvements in water use.
The Washington Post last week reported that this provision was inserted at the last minute at the urging of a coalition developed by the Union of Orthodox Jewish Congregations. the coalition also included the U.S. Conference of Catholic Bishops, the National Council of Churches, United Jewish Communities, Rev. Joel Hunter of the Florida-based mega-church Northland, Rev. Jim Ball who heads the Evangelical Environmental Network, and Sojourners leader Rev. Jim Wallis. The coalition is working to increase the subsidy beyond the current 50%. Meanwhile the version of the climate bill being considered in the Senate does not contain a similar provision.
- Section 495 allows faith-based groups to be included as recipients of USAID funds to provide assistance to vulnerable developing countries in creating climate change adaptation plans.
- Section 482 protects Indian tribes from having certain culturally sensitive information that is obtained by the federal government disclosed under the Freedom of Information Act. Under the bill, the Interior Department, in cooperation with states and Indian tribes, is to develop a National Wildlife Habitat Corridors Information Program. However, information received regarding Native American human remains, or about resources, cultural items, uses, or activities identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian tribe may not be disclosed under FOIA if the disclosure may cause a significant invasion of privacy, risk harm to the human remains or resources, cultural items, uses, or activities, or if it would impede the use of a traditional religious site.
9th Circuit Vacates Preliminary Injunction Against Pharmacy Board Regulations
That the rules may affect pharmacists who object to Plan B for religious reasons does not undermine the neutrality of the rules. The Free Exercise Clause is not violated even though a group motivated by religious reasons may be more likely to engage in the proscribed conduct.The court remanded the case with this explanation:
We hold that the district court abused its discretion in applying an erroneous legal standard of review, failing to properly consider the balance of hardships and the public interest, and entering an overbroad injunction. On remand, the district court must apply the rational basis level of scrutiny to determine whether Appellees have demonstrated a likelihood of success on the merits. The district court must also determine whether Appellees have demonstrated that they are likely to suffer irreparable harm in the absence of preliminary relief, whether the balance of equities tips in the favor of the three Appellees, and whether the public interest supports the entry of an injunction. If the court finds in favor of Appellees, it must narrowly tailor any injunctive relief to the specific threatened harms raised by Appellees.In its opinion, the 9th Circuit included an extensive discussion of standing and ripeness. It refused to decide whether a for-profit corporation can assert its own free exercise rights. Instead it concluded that the corporate plaintiff could properly assert the free exercise rights of the individual owner/directors in the family owned pharmacy. Individual pharmacists also had standing. Judge Clifton wrote a short concurring opinion, rejecting the majority's holding that it could not consider legislative history in deciding whether a law is neutral and generally applicable.
(It is worth noting that last year, the same panel of the 9th Circuit refused to stay the preliminary injunction pending the appeal that it decided yesterday.) The Seattle Post-Intelligencer reports on yesterday's decision.
Activities of White House Faith-Based Director Are Outlined
Meanwhile, the Washington Post reports that yesterday the Advisory Council on Faith-Based and Neighborhood Partnerships held its first face-to-face meeting at White House offices. Previously the Council met through telephone conference calls.
Police Say Theft of Body May Have Been For Religious Ritual
Pope "Gently Fires" Officials Responsible For Lifting Excommunication of Holocaust Denier
the pope today restructured the Vatican office that handles relations with the traditionalist world -- and, in effect, gently fired the officials who presided over the earlier fiasco.Under the Pope's new pronouncement, the Ecclesia Dei Commission will be supervised by the Congregation for the Doctrine of the Faith-- currently headed by American Cardinal William Levada. The restructuring eliminates the positions at the Commission previously held by Colombian Cardinal Dario Castrillon-Hoyos and his deputy, Italian Monsignor Camille Perl. The two former officials had played key roles in the decision to lift the excommunication of 4 right-wing bishops, including Williamson, last January.
Massachusetts Sues Challenging Constitutionality of DOMA
In 2004, the Commonwealth of Massachusetts became the first state to end the exclusion of same-sex couples from marriage..... Congress’s decision to enact a federal definition of marriage rejected the long-standing practice of deferring to each state's definition of marriage and contravened the constitutional designation of exclusive authority to the states. From its founding until DOMA was enacted in 1996, the federal government recognized that defining marital status was the exclusive prerogative of the states and an essential aspect of each state's sovereignty, and consistently deferred to state definitions when the marital status of an individual was used as a marker of eligibility for rights or protections under federal law.The Boston Globe reports on the lawsuit. State Attorney General Martha Coakley's office has issued a press release along with links to a transcript and recording of yesterday's press conference announcing the action.
Now, because of Section 3 of DOMA, married individuals in same-sex relationships are both denied access to critically important rights and benefits and not held to the same obligations and responsibilities arising out of marriage or based on marital status. DOMA precludes same-sex spouses from a wide range of important protections that directly affect them and their families, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments. In enacting DOMA, Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.
Wednesday, July 08, 2009
California Cities Welcome Sikh Police Officers
Yankees Settle Lawsuit Over Restrictions During Playing of "God Bless America"
Pope Issues Encyclical On Globalization and Econmic Development
In the face of the unrelenting growth of global interdependence, there is a strongly felt need, even in the midst of a global recession, for a reform of the United Nations Organization, and likewise of economic institutions and international finance, so that the concept of the family of nations can acquire real teeth. One also senses the urgent need to find innovative ways of implementing the principle of the responsibility to protect and of giving poorer nations an effective voice in shared decision-making....
To manage the global economy; to revive economies hit by the crisis; to avoid any deterioration of the present crisis and the greater imbalances that would result; to bring about integral and timely disarmament, food security and peace; to guarantee the protection of the environment and to regulate migration: for all this, there is urgent need of a true world political authority....Obviously it would have to have the authority to ensure compliance with its decisions from all parties, and also with the coordinated measures adopted in various international forums. Without this ... international law would risk being conditioned by the balance of power among the strongest nations. The integral development of peoples and international cooperation require the establishment of a greater degree of international ordering.... They also require the construction of a social order that at last conforms to ... the interconnection between moral and social spheres, and to the link between politics and the economic and civil spheres, as envisaged by the Charter of the United Nations.
Tuesday, July 07, 2009
In Louisiana, Catholic Death-Row Inmates Will Have Access To Mass
Turkey's Government Unhappy With Planned Reality TV Show Aimed At Conversion
Malaysian Court Says Art Director Died A Muslim-- No Jurisdiction To Hear Family's Objections
UPDATE: Malaysian Insider reported Tuesday that Mohan Singh's family has filed an appeal with the Court of Appeal in Putrajaya, even though Mohan was buried Monday night in a Muslim cemetery.
Britain's International Development Program Will Double Aid To Faith-Based Groups
IRS Delay In Granting Tax-Exempt Status Questioned
Suit Challenges Ten Commandments On Display In Kentucky Courthouse
UPDATE: The July 11 Louisville Courier-Journal reports in more detail on the displays at issue. Framed copies of the Ten Commandments are posted at both entrances to the courthouse, outside several offices and next to a woman's restroom. Separate from these, and not the object of the ACLU's complaint, a Foundations of American Law and Government display (which includes the 10 Commandments among other historical documents) stands in the rear of the courthouse.
Monday, July 06, 2009
BJC Publishes Analysis of Sotomayor's Religion Decisions
While Sotomayor’s written record raises no red flags, it also fails to provide complete assurance to those who are most concerned about our fragile religious freedom rights. In the free exercise cases, she displays careful attention to protecting religious rights, including in prisons where courts generally give deference to government officials. Likewise, these cases demonstrate an emphasis on the importance of assessing the individual’s specific religious claim. This approach illustrates an expansive view of religious freedom that does not depend on the approval of the majority. Her religious display cases demonstrate the fact-sensitive nature of such disputes, but tell us little about where she would draw the line between permissible acknowledgements of religion and unconstitutional displays that send a message of endorsement of religion by the government. Beyond those cases, her record gives little indication of her views of the Supreme Court’s various Establishment Clause standards or how she is likely to decide such cases.[Thanks to Don Byrd for the lead.]
Sotomayor’s writings include few if any statements articulating how the First Amendment protects religious liberty, promotes the voluntary nature of religion, prevents governmental interference in religion and tends to reduce conflict among religions. Still, her record offers positive signs that she will be a thoughtful, fair-minded jurist in protecting religious freedom.
Air Force Rejects Flyover Request For Rally Sponsored By Christian Group
Daily Kos yesterday, reporting on developments, quotes Military Religious Freedom Foundation president Mikey Weinstein's strong support of the Air Force's decision. Weinstein, in his typically blunt fashion, said: "To those in the fundamentalist Christian cabal who vigorously oppose this long sought, terrific decision by the U.S. Air Force, may I suggest that they consider holding their event next year in Kim Jung Il's North Korea or the Kingdom of Saudi Arabia as neither of those countries have a separation of Church and State as we do in beautiful America."
Israel's President Addresses Interfaith Conference In Kazakhstan
While the monotheistic and humanistic believers, Christians, Muslims and Jews, used to believe that there was just one God for all, compassionate, merciful and righteous, there are nowadays others, luckily a minority, that sanctify a different God, a God that permits massacres, forgives cruelty, and calls upon his believers to destroy, kill, lie and ruin. This distorted stream constitutes a defamation of the Lord. It is not a religion, it is a crime, a crime against God and man. We must separate religion from terror. This should be a common effort by all believers, regardless of faith, creed or gender....
Cultivating interfaith ties of understanding and friendship is vital, not only in interfaith relations, but in the religions' perception of God. The first question is always whether God created man in His image, or whether man is trying to create God in his compromised image. Whether we should adopt God's moral code, or whether we should refer our personal desires to God.... Only God who created man has the right to determine life.... God had no partners in the creation of the world, so there is nobody that can declare war against.