Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, December 11, 2009
Suit Challenges Refusal To Permit Solstice Display at State Capitol
Thursday, December 10, 2009
Obama Accepts Nobel Peace Prize With Speech Focusing on "Just War"
Over time, as codes of law sought to control violence within groups, so did philosophers, clerics and statesmen seek to regulate the destructive power of war. The concept of a "just war" emerged, suggesting that war is justified only when it meets certain preconditions: if it is waged as a last resort or in self-defense; if the forced used is proportional; and if, whenever possible, civilians are spared from violence.
For most of history, this concept of just war was rarely observed. The capacity of human beings to think up new ways to kill one another proved inexhaustible, as did our capacity to exempt from mercy those who look different or pray to a different God. Wars between armies gave way to wars between nations — total wars in which the distinction between combatant and civilian became blurred. In the span of 30 years, such carnage would twice engulf this continent. And while it is hard to conceive of a cause more just than the defeat of the Third Reich and the Axis powers, World War II was a conflict in which the total number of civilians who died exceeded the number of soldiers who perished.
In the wake of such destruction, and with the advent of the nuclear age, it became clear to victor and vanquished alike that the world needed institutions to prevent another World War.
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As the world grows smaller, you might think it would be easier for human beings to recognize how similar we are, to understand that we all basically want the same things, that we all hope for the chance to live out our lives with some measure of happiness and fulfillment for ourselves and our families.
And yet, given the dizzying pace of globalization, and the cultural leveling of modernity, it should come as no surprise that people fear the loss of what they cherish about their particular identities — their race, their tribe and, perhaps most powerfully, their religion. In some places, this fear has led to conflict. At times, it even feels like we are moving backwards. We see it in the Middle East, as the conflict between Arabs and Jews seems to harden. We see it in nations that are torn asunder by tribal lines.
Most dangerously, we see it in the way that religion is used to justify the murder of innocents by those who have distorted and defiled the great religion of Islam, and who attacked my country from Afghanistan. These extremists are not the first to kill in the name of God; the cruelties of the Crusades are amply recorded. But they remind us that no Holy War can ever be a just war. For if you truly believe that you are carrying out divine will, then there is no need for restraint — no need to spare the pregnant mother, or the medic, or even a person of ones own faith. Such a warped view of religion is not just incompatible with the concept of peace, but the purpose of faith — for the one rule that lies at the heart of every major religion is that we do unto others as we would have them do unto us.
Adhering to this law of love has always been the core struggle of human nature. We are fallible. We make mistakes, and fall victim to the temptations of pride, and power, and sometimes evil. Even those of us with the best intentions will at times fail to right the wrongs before us.
Court Rejects Free Exercise Challenge To New Mexico Cock Fighting Ban
Resolution To Protect Sanctity of Christmas Introduced Into House
Resolved, That the House of Representatives—Rep. Brown's press release explaining the resolution says in part:
(1) recognizes the importance of the symbols and traditions of Christmas;
(2) strongly disapproves of attempts to ban references to Christmas; and
(3) expresses support for the use of these symbols and traditions by those who celebrate Christmas.
I am troubled by the growing sentiment that the phrase 'Merry Christmas' is not appropriate and I am worried that attempts to celebrate a 'politically correct' holiday season may cause the loss of some of the traditions sacred to this widely celebrated holiday.The Resolution has 17 co-sponsors.
I recognize that there are many religions that celebrate a variety of holidays this month and in accordance with the First Amendment, I believe it is important to preserve the right for everyone to worship as they believe....
We must not forget that the true meaning of Christmas is to celebrate of the birth of Christ and I will continue to work to protect the sanctity of this great holiday.
UPDATE: On Dec. 10, Rep. Brown criticized President and Mrs. Obama for sending out White House holiday cards that say "Season's Greetings" and do not specifically mention Christmas. (Fox News.) [Thanks to God and Country blog for the lead.]
9th Circuit Hears Latest Appeal In Mt. Soledad Cross Case
Mormon Senator Orin Hatch Composes New Hanukkah Song
Today Is Human Rights Day-- 61st Anniversary of UN Declaration
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.The theme of Human Rights Day 2009 is non-discrimination. Article 2 of the Declaration provides:
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.The United Nations High Commissioner for Human Rights released a statement yesterday expanding on the concept of non-discrimination. After discussing discrimination against women and racial and ethnic minorities, Navi Palli continued:
Discrimination based on religion or belief can be equally destructive. In certain countries, members of certain groups are restricted in how they can exercise their religion or belief and deprived of their fundamental rights. In extreme cases such conditions may lead to sectarian violence, killing and conflict. Stereotyping can lead to stigmatization and isolationism.
British Court Rejects Criminal Charges Against Christian Hotel Owners
Questioning of Expert Witness About Religion Found To Be Harmless Error
Wednesday, December 09, 2009
California Woman Pushing Initiative To Require Christmas Carols In Schools
Oman Authorities Investigating Religious Text Message Scam
Canadian Street Preacher Acquitted of Noise and Other Charges
Cert. Filed In School's Ban of Student Musical Performance At Graduation
Israel's Justice Minister Creates Controversy With Comments on Religious Law
Russia's Supreme Court Agrees Jehovah's Witness Publications Are "Extremist"
Tuesday, December 08, 2009
Newdow Asks DC Circuit To Eliminate Opening Cry Before His Case Is Heard
Appearances are also critical for the judges themselves.... In other words, "federal judges must maintain the appearance of impartiality."... Although perhaps not as flagrant a violation of the Establishment Clause as those violations which underlie this litigation ... the religious opening cry is definitely of a similar species. Inasmuch as the Panel, at this stage of the proceedings, must assume the merits in Plaintiffs' favor, ... the appearance of impartiality is certainly questionable at best when the judges risk independently inflicting what may be yet one more "concrete and particular" injury to the First Amendment rights of those seeking their protection.[Thanks to Bob Ritter for the lead.]
UPDATE: On Wednesday (12/9), in a one sentence order, a 3-judge panel rejected Newdow's request. (Blog of the Legal Times.) [Thanks to Joel Sogol via Religionlaw for the lead.]
Court Dismisses Suit Over Firing, Invokes Ministerial Exception
For the purposes of the ministerial exception, it matters only that the allegations require an inquiry into the church's reasons for the termination. Though the plaintiff does not allege that he was terminated for reasons of religious doctrine, for example, the defendant may be required to assert reasons of religious doctrine as a defense.
10th Circuit Refuses To Bar Deportation of Mormon To Colombia
In This Year's Christmas Wars, More Cities Eliminate Religious Displays
Kenyan Leader Says Noise Regulations Will Be Amended To Assure Right to Worship
UPDATE: Kenya's Daily Nation (12/9) reports that Environment Minister John Michuki has promised to make certain that the new noise rules will be implemented. Apparently contradicting the statement by Prime Minister Odinga, Michuki said that no one will be exempted because Kenya is a secular state which is not governed by the rules of religion, but the national Constitution and statutes.