Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, October 01, 2009
Texas State Fair Is Not State Actor In Barring Religious Literature Distribution
Israeli Court Says Chinese Pressured University On Falun Gong Exhibit
Court Rejects Tony Alamo's Free Exercise Defense In Suit By Former Followers
Alamo states that the beatings alleged in the Complaint were merely spankings, which are required by the Bible. Thus, he argues that his alleged conduct in ordering these beatings is protected by the First Amendment’s free exercise clause.... The principle of religious liberty does not give one the liberty to physically attack others.... While an individual’s beliefs that he can beat and falsely imprison Plaintiffs and intentionally inflict emotional distress upon them is protected by the First Amendment, acting on these beliefs is reasonably prohibited by Arkansas law.The Pine Bluff (AR) Commercial reported on the decision yesterday.
Christian Group Sues Challenging Maine's Interpretation of Its Charitable Licensing Law
10 MRS Sec. 8003(5) allows the agency to impose a civil penalty of up to $1500 for each violation of law. Apparently the state, as a condition to granting a renewal of CAN's license as a charitable organization, also required it to admit both that the Governor did not give his consent and that CAN's "correspondence contained an inflammatory anti-Muslim message." Yesterday, Liberty Counsel announced that CAN had filed a federal lawsuit against the state of Maine challenging an interpretation of the state statute that prohibits any mention of the Governor in a charitable solicitation without consent. The suit also claims that CAN's free speech was infringed by "censoring" of its anti-Muslim message.
UPDATE: Here is the full text of the complaint in Christian Action Network v. State of Maine, (D ME, filed 9/28/2009). The Bangor Daily News has more coverage and a link to the text of CAN's mailing.
2nd Circuit: Ministerial Exception Bars Rabbi's Suit Against Her Former Temple
review of Freidlander’s claims ... would require scrutiny of whether she should have ... read more extensively from the Torah at certain services, prepared students for their Bar or Bat Mitzvah more adequately, performed certain pastoral services ... or followed the Temple’s funeral service policies. A reviewing court would also be required to assess whether any failures rose to the level of "gross misconduct or willful neglect of duty".... [S]uch review would involve impermissible judicial inquiry into religious matters.[Thanks to Y.Y. Landa for the lead.]
Wednesday, September 30, 2009
Prosecutors Seek To Offer Unusual Religious Analysis In Competency Trial
Amicus Brief Raises Opposition To UN Convention
High School Cheerleaders Cannot Carry Religious Banners On Field
An attorney for the Christian Law Association has been advising those upset with the school's ruling on at least two alternative routes, according to Chattanoogan.com. Barbara J. Weller says that while the students may not continue to put Bible verses on the banners they have been making officially for the games, they can make other banners with Bible verses on them, as long as they make the banners at home and bring them to the games on their own, without the school's approval, permission or participation. She also says that the school should not be able to prohibit banners that merely used the words, "Power, Love, Self Discipline" without reference to the Bible verse that includes them.
UPDATE: At an Oct. 13 meeting, the Catoosa County School Board upheld the superintendent's ruling. (ABP).
Supporters of Sectarian Prayer Threaten Billboards Exposing Council Votes
Court Rejects Copyright Suit Claiming Infringement In Use of Judas Iscariot Trial
The trials depicted in the two works are dramatically different in substance, setting, plot, theme, language, and the overall thrust and feel of the works. Stripped of unprotectible elements—such as the biblical characters and biblical story—the works are not substantially similar.Courthouse News Service reported on the decision yesterday.
German Court Says School Must Provide Prayer Space For Muslim Student
Tuesday, September 29, 2009
New York Appellate Court Voids Church Election of New Pastor and Trustees
Plaintiffs, who objected to Williams as pastor, sued challenging the validity of the 2006 meeting. The appellate court agreed with their challenge, finding that defendants failed to prove who were church members entitled to vote at the meeting. The court declared that the two remaining original trustees were the only valid trustees. It went on to enjoin Williams and his supporters from exercising any authority or control over church property. [Thanks to Y.Y. Landa for the lead.]
Court Rejects Interlocutory Appeal In Minnesota Charter School Case
British Jewish Schools Implement New Admissions Criteria Ordered By Court
Monday, September 28, 2009
Christian Group Creates "Adopt a Liberal" Initiative
Pray earnestly and intensely for them! Pray that the Lord would move upon them and cause them to be the kind of leaders who will encourage others to lead "a quiet and peaceable life in all godliness and reverence." We encourage you to seek the Lord's guidance on how to pray for your liberal(s), always allowing Him to temper your prayer with His love and mercy....
Please pray daily for the liberal(s) of your choice, so each can become a good influence on our Nation's culture. Prayer is powerful! It allows God to change the minds of those for whom we are praying. In fact, we fully expect that many of our adoptees will "graduate" from this prayer program with vivid testimonies of God having changed their lives and worldviews!
Woman's Caning Sentence Upheld On Appeal In Malaysia
Victoria Government Agrees To Broad Religious Exemptions In Discrimination Law
2010 National Religious Moot Court Announced
Sunday, September 27, 2009
Recent Articles and Books of Interest
- Jeffrey M. Lipshaw, Can There Be a Religion of Reason? A Response to Leiter's Circular Conception of Religious Belief, (Suffolk University Law School Research Paper Series, Sept. 27, 2009).
- Mostapha Benhenda, Liberal Democracy and Political Islam: The Search for Common Ground, Politics, Philosophy & Economics, Forthcoming).
- Umar Aimhanosi Oseni, Towards the Effective Legal Regulation of Waqf in Nigeria: Problems and Prospects, (September 25, 2009).
From SmartCILP:
- Stephen M. Johnson, Is Religion the Environment's Last Best Hope? Targeting Change in Individual Behavior Through Personal Norm Activation, 24 Journal of Environmental Law & Litigation 119-164 (2009).
- Chad G. Marzen, The Role of Custom in Canon, Jewish, and Islamic Law: Supplemented, Superseded, or Supplanted by Written Law?, 35 Ohio Northern University Law Review 813-827 (2009).
- Anne Orford, Jurisdiction Without Territory: From the Holy Roman Empire to the Responsibility to Protect, 30 Michigan Journal of International Law 981-1015 (2009).
- Nicholas C. Rigano, Fraudulent Conveyance Law: Destroying Free Exercise Rights at a Church Near You, 17 American Bankruptcy Institute Law Review 165-187 (2009).
Recent Books:
- Anne Marie Lofaso, Religion in the Public Schools: A Road Map for Avoiding Lawsuits and Respecting Parents' Legal Rights (Americans United for Separation of Church & State, 2009), reviewed on AU's website. [Link is to full text of book.]
- David Nash (ed.), Blasphemy in Britain and America 1800-1930, (4 vols.) (Pickering & Chatto Publishers, forthcoming April 2010).
China Issues New Report on Its Ethnic Policy-- Claims Religious Freedom
Freedom of religious belief in China means that every citizen has the freedom to believe or not to believe in any religion," said the white paper issued by the Information office of the State Council.... [A]ll normal religious activities, including those of ethnic minorities, are protected by law.... Venues for religious activities are found all over China, basically satisfying the needs of religious believers.... [T]he Chinese government also helps religious groups build seminaries to train clergymen of ethnic minorities, subsidizes the repairs of some religious venues in minority areas, and gives allowances to poor religious believers of ethnic minorities, according to the white paper.The White Paper comes in the wake of a letter earlier this month (full text) from two members of the U.S. House of Representatives to Jon Huntsman, the new U.S. ambassador to China, raising concerns about reported plans by China to take new steps against "house churches" leading up to the Oct. 1 marking of the 60th anniversary of Communist Party rule in China. (Christian Post, Sept. 10.)