Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, July 15, 2009
Court Enjoins Community College's Sexual Harassment Policy As Overbroad
Senate Appropriations Bill Has Security Funds For Non-Profits; Extends Religious Worker Program
As reported by JTA, Title III's appropriations for the State Homeland Security Grant Program [pg. 30 of PDF] includes $20 million to protect high-risk non-profit institutions, including religious institutions, against terrorist attack. The Senate version appropriates $5 million more than the House version did for nonprofits.
Title V, Sec. 571 [pg. 95 of PDF], extends the controversial Special Immigrant Nonminister Religious Worker Program until Sept. 30, 2012. However it requires USCIS to submit to the Senate and House Judiciary Committees by March 30, 2010 a report on the risks of fraud and noncompliance in the program and a detailed plan describing actions to be taken against those who do not comply with the conditions of their special visas-- followed by a progress report on action actually taken. (See prior related posting.) The House version of the Homeland Security Appropriations Act contains no provisions extending the Religious Worker Program that, under current law, expires this September.
Sikh Group Wants Governor To Veto Oregon Workplace Religious Freedom Act
Texas Board of Education Panel Splits On Role of Religion In History Curriculum
This summer, Texas social studies teachers will draft the actual recommendations to the Board for curriculum changes. [Thanks to Rabbi Michael Simon for the lead.][A] divide has opened over how central religious theology should be to the teaching of history. Three reviewers, appointed by social conservatives, have recommended revamping the K-12 curriculum to emphasize the roles of the Bible, the Christian faith and the civic virtue of religion in the study of American history.... "We're in an all-out moral and spiritual civil war for the soul of America, and the record of American history is right at the heart of it," said Rev. Peter Marshall....
The conservative reviewers say they believe that children must learn that America's founding principles are biblical. For instance, they say the separation of powers set forth in the Constitution stems from a scriptural understanding of man's fall and inherent sinfulness, or "radical depravity," which means he can be governed only by an intricate system of checks and balances. The curriculum, they say, should clearly present Christianity as an overall force for good -- and a key reason for American exceptionalism, the notion that the country stands above and apart.
Issues of Religion Largely Absent From Second Day of Sotomayor Hearings
In questioning Sotomayor about her views on the Second Amendment, Sen. Orin Hatch asked: "OK. As I noted, the Supreme Court puts the Second Amendment in the same category as the First and the Fourth Amendments as pre-existing rights that the Constitution merely codified. Now, do you believe that the First Amendment rights, such as the right to freely exercise religion, the freedom of speech, or the freedom of the press, are fundamental rights?" To which Sotomayor replied: "Those rights have been incorporated against the states. The states must comply with them."
Sen. Lindsey Graham, expressing his concern about expansive interpretations of the Constitution said: "And that gets us to the speeches. That broad provision of the Constitution that's taken us from no written prohibition protecting the unborn, no written statement that you can't voluntarily pray in school, and on and on and on and on, and that's what drives us here, quite frankly.... [A] lot of us are concerned from the left and the right that unelected judges are very quick to change society in a way that's disturbing...."
Sen Diane Feinstein, asking about the overruling of precedent, referred to the Hein case that denied a taxpayer standing to challenge spending by President Bush's faith-based office. She said: "In a rare rebuke of his colleagues, Justice Scalia has sharply criticized Chief Justice Roberts and Justice Alito for effectively overruling the court's precedents without acknowledging that they were doing so. Scalia wrote in the Hein case ... 'Overruling prior precedent is a serious undertaking, and I understand the impulse to take a minimalist approach. But laying just claim to be honoring stare decisis requires more than beating a prior precedent to a pulp and then sending it out to the lower courts weakened, denigrated, more incomprehensible than ever, and yet somehow technically alive....'"
(See prior related posting.)
Evangelist Challenges University's Speech Policy
Tuesday, July 14, 2009
Malaysian Police Investigate Reporter's Activities In Attending Mass Under False Pretenses
Leahy To Introduce Hate Crimes Bill As Amendment To Defense Authorization Act
Issues of Religion Play Little Role In First Day of Sotomayor Hearings
Sen. Patrick Leahy:
Those who break barriers often face the added burden of overcoming prejudice.... The confirmation of Justice Louis Brandeis, the first Jewish American to be nominated to the high court, was a struggle rife with anti-Semitism and charges that he was a "radical". The commentary at the time included questions about "the Jewish mind" and how "its operations are complicated by altruism." Likewise, the first Catholic nominee had to overcome the argument that "as a Catholic he would be dominated by the pope."Sen. Jeff Sessions:
Do I want a judge that allows his or her social, political, or religious views to change the outcome? Or, do I want a judge that impartially applies the law to the facts, and fairly rules on the merits, without bias or prejudice?Sen. Chuck Schumer (discussing cases Sotomayor has decided):
And she upheld the First Amendment right of a prisoner to wear religious beads under his uniform.Sen. Benjamin Cardin:
My grandparents came to America more than 100 years ago. I am convinced that they came to America not only for greater economic opportunities, but because of the ideals expressed in our Constitution, especially the First Amendment guaranteeing religious freedom.
My grandparents wanted their children to grow up in a country where they would be able to practice their Jewish faith and fully participate in their community and government. My father, one of their sons, became a lawyer, state legislator, circuit court judge and President of his synagogue. And now his son serves in the U.S. Senate.
While our Founding Fathers made freedom of religion a priority, equal protection for all races took longer to achieve.... I remember with great sadness how discrimination was not only condoned but, more often than not, actually encouraged against Blacks, Jews, Catholics, and other minorities in the community. There were neighborhoods that my parents warned me to avoid for fear of my safety because I was Jewish. The local movie theater denied admission to African Americans. Community swimming pools had signs that said "No Jews, No Blacks Allowed." Even Baltimore's amusement parks and sports clubs were segregated by race.
Sen Dick Durbin:
Your mother worked two jobs so she could afford to send you and your brothers to Catholic schools, and you earned scholarships to Princeton and Yale.
Senator Kirsten Gillibrand's introduction of Sotomayor included a quote from Justice Scalia that he "grew up with people of all religious and ethnic backgrounds."
Judge Sotomayor in her opening statement made no mention of religion, religious freedom or church-state issues.An opinion piece from today's Wall Street Journal asks: "Why was Samuel Alito's Catholicism so much more discussed than Sonia Sotomayor's?"
FCC Change In TV Rules Impacts Many Church Wireless Microphone Systems
The problem is that many church sound systems operate in the 700 MHz range. That means that there may well be interference in some locations. Also these churches are apparently acting illegally in continuing to operate their systems. As explained in a posting last year on Geeks&God, the FCC adopted rules in late 2008 to allow the unlicensed use of "white spaces" between TV stations below 698 MHz. (FCC News Release, Nov. 4, 2008). However as of Feb. 17, 2009, wireless microphones using higher frequencies were to cease operating. Manufacturers no longer sell wireless microphone systems in the 700 MHz range and they offer discounts to churches that trade in their old systems for new ones in permitted ranges.
Groups Oppose Expansion of Virginia Islamic Saudi Academy
Monday, July 13, 2009
Lawsuit In Egypt Seeks To Rescind Prize Given To Controversial Writer
Russian Orthodox Church Gets New Power To Preview Duma Legislation
World Football Regulator Warns Brazil's Team Over Religious Slogans On T-Shirts
Players must not reveal undergarments showing slogans or advertising. The basic compulsory equipment must not have any political, religious or personal statements. A player removing his jersey or shirt to reveal slogans or advertising will be sanctioned by the competition organiser. The team of a player whose basic compulsory equipment has political, religious or personal slogans or statements will be sanctioned by the competition organiser or by FIFA.[Thanks to Scott Mange for the lead.]
Recent Articles of Interest
- Amos N. Guiora, Religious Extremism: A Fundamental Danger, (South Texas Law Review, Vol. 50, No. 743, 2009).
From SmartCILP and elsewhere;
- Casey Luskin, Does Challenging Darwin Create Constitutional Jeopardy? A Comprehensive Survey of Case Law Regarding the teaching of Biological Origins, 32 Hamline Law Review 1 (2009).
- Don Ellinghausen, Jr., "In Standing Is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience, 16 Missouri Environmental Law & Policy Review 474-520 (2009).
- Kent Greenawalt, The Rule of Law and the Exemption Strategy, 30 Cardozo Law Review 1513-1534 (2009); Marci A. Hamilton, A Response to Professor Greenawalt, 30 Cardozo Law Review 1535-1543 (2009).
- Andrew P. Morriss & Benjamin D. Cramer, Disestablishing Environmentalism, 39 Environmental Law 309-396 (2009).
- David M. Smolin, The Civil War As a War of Religion: A Cautionary Tale of Enslavement and Emancipation, 39 Cumberland Law Review 187-237 (2008-2009).
- Manisuli Ssenyonjo, Limits On the Freedom To Manifest One's Religion In Educational Institutions in Uganda and the United Kingdom [Abstract], 7 I.Con: International Journal of Constitutional Law 275-305 (2009).
- Religion in the Workplace. [Full text of all articles.] Foreword by Fouad A. Riad; articles by Kenneth D. Wald, Lorne Sossin, Francois Gaudu, Achim Seifert, Nurhan Sural, Mark Freedland, Lucy Vickers and William W. Van Alstyne; afterword by Alain Supiot. 30 Comparative Labor Law & Policy Journal 465-653 (2009).
Sunday, July 12, 2009
Catholic Chaplains Complain About California's Proposed Lethal Injection Protocol
The proposed regulations require that 45 days before execution:
3349.3.1(e) The Chaplain shall:Then ten days before execution:
(1) Interview the inmate to assess the inmate’s spiritual and emotional well-being.
(2) Determine the inmate’s religious preferences and needs, next of kin, funeral or other requests, attitudes or thoughts on death and dying, and note any observations regarding the inmate’s emotional stability such as acceptance of the sentence of death.
(3) Formulate these observations into a written report and submit it to the Warden within sufficient time to meet the Warden’s 20-day report deadline.
3349.3.3(f) The Chaplain shall deliver a written report to the Warden regarding the emotional state of mind of the inmate. These observations shall be limited to contacts made within three days preceding preparation of the report.Chaplains are concerned that these requirement may call for them to reveal information received in confidence from the prisoner which currently is protected by the clergy-penitent privilege.
Rights Group Says Arrest By Saudi Religious Police Led To Honor Killing
British House of Lords Keeps Free Speech Defense To Inciting Hatred Against Gays
In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.The Labour government had proposed elimination of the defense, but Lord Waddington, former Conservative party Home Secretary, proposed an amendment to retain it which was the subject of Thursday's vote. The House of Lords has posted the full text of the debate on the amendment. The Independent and BBC News both reported on the House of Lords action.
Recent Prisoner Free Exercise Cases
In Riley v. Doe, 2009 U.S. Dist. LEXIS 56406 (MD TN, July 2, 2009), a Tennessee federal district court rejected a complaint that prisoners of the Christian Identity faith are not permitted to meet for group worship. The denial stemmed merely from the mistaken belief by the prison director of religious services that Christian Identity was classified as a Security Threat Group.
In Miska v. Middle River Regional Jail, 2009 U.S. Dist. LEXIS 56661 (WD VA, July 2, 2009), a Virginia federal district court rejected an inmate's complaint that his free exercise rights were violated when he was prevented from attending Communion and Confession one time while in segregated confinement.
In Caldwell v. Folino, 2009 U.S. Dist. LEXIS 56838 (WD PA, July 1, 2009), a Pennsylvania federal magistrate judge concluded that an inmate's free exercise rights were not violated when corrections officers searched his medicine bag and made disparaging comments about its contents.
In Mayo v. Briggs, 2009 U.S. Dist. LEXIS 57378 (ED VA, July 6, 2009), a Virginia federal district court adopted a magistrate's recommendations and dismissed an inmate's lawsuit for damages and a change in the jail's policy. Plaintiff claimed that authorities refused to permit him to attend Muslim Jumah services. The refusal was based on plaintiff's identifying himself as Christian, not Muslim, when he arrived at the jail.
In Mayne v. State, 2009 U.S. Dist. LEXIS 57678 (D NJ, July 7, 2009), a New Jersey federal district court permitted plaintiff to proceed with his complaint that while under house arrest and electronic monitoring, his parole officer refused to permit him to attend Catholic religious services.
In Thomas v. Little, 2009 U.S. Dist. LEXIS 57568 (WD TN, July 6, 2009), a Tennessee federal district court dismissed claims by an inmate that his free exercise rights, and his rights under RLUIPA were infringed by prison policy that allows Muslim inmates to buy prayer oil only from a single approved supplier.In Anderson v. Harron, 2009 U.S. Dist. LEXIS 57986 (D NJ, July 7, 2009), a New Jersey federal district court rejected an inmate's complaint that his rights under the 1st Amendment and RLUIPA were infringed when he was temporarily removed from the jail's Ramadan meal program. The court also rejected his complaint that the jail did not facilitate weekly group Jumah prayers among the Muslim prisoners.
Saturday, July 11, 2009
Group Presses 2 California Cities To End Sectarian Invocations
Tracy's prayer policy may be inclusive in its intentions, but it's exclusive in its practice of rotating only those religious leaders (all Christian, like the council) who have come forth to offer invocations. It makes political outsiders of those constituents who don't share religious beliefs.Meanwhile the LA Church and State Examiner reports that Lodi City Council will consider a resolution next month to require that invocations be non-sectarian. However Navy Chaplain Gordon James Klingenschmitt's "Pray in Jesus' Name Project" that favors Lodi's existing policy plans a prayer vigil at city hall on August 5, the scheduled date of the City Council vote.