Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, January 02, 2010
Danish Cartoonist Who Drew Muhammad Caricature Is Attacked In His Home
Friday, January 01, 2010
Happy 2010 To Religion Clause Readers!
Happy New Year! As we enter 2010, I want to again thank all of you who read Religion Clause-- both long time followers and those who have joined us more recently. With the advent of the Obama administration last January, some readers asked me whether there would continue to be sufficient church-state and religious liberty developments to sustain the blog. I think the past year has shown that this should not have been a concern.
It has been a good year for Religion Clause blog. The site meter shows that the blog has attracted over 672,000 visits since it began in 2005. Approximately 241,700 of these visits were registered in 2009-- a 17% increase over 2008. I continue to seek out additional ways for readers to access Religion Clause. This year I added a feed on Twitter (@ReligionClause). So in addition to the standard method of reading Religion Clause at its URL, you can subscribe to RSS feeds on your favorite RSS reader, subscribe by e-mail, find postings on Lexis through Newstex, log onto Twitter or purchase a subscription to read on your Kindle. Scroll to the bottom of the Religion Clause sidebar to click on various subscription options. One warning however: many of these alternative methods of access do not pick up an item a second time when an Update has been added.
Religion Clause's established format of strict neutrality, broad coverage and links to extensive primary source material has made it a widely-recognized authoritative source for keeping up on church-state and religious liberty developments around the world. I am pleased that my regular readers span the political and religious spectrum. So, while the blog represents a rather substantial investment of time on my part, so long as it continues to serve this unique role, I hope to continue it.
This year, moderating comments has become a more difficult issue. First, I have had a significant increase in robo-generated spam comments. Second, while I attempt to allow a very broad spectrum of views and approaches, I have had to delete some comments that are defamatory, repetitive, hostile, irrelevant or which otherwise impair the blog's usefulness as a neutral resource on legal issues and policy developments. Often I am able to moderate comments several times a day, but sometimes there may be a delay of as much as one or two days in my getting to them.
Finally, I want to thank all of you who send me leads to new developments, or who alert me to needed corrections. These help me assure that coverage is complete and accurate. I read all of your e-mails and appreciate receiving them, even though I cannot always acknowledge them. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want me to mention you, I will be happy to honor that request if you let me know when sending me information.
Best wishes for 2010!
Howard M. Friedman
Jordan Seeks Dead Sea Scrolls From Canada Under UN Convention
The First Protocol (Art. I, Sec. 2) to the Hague Convention, which has been signed by Canada, Jordan and Israel, is designed to prevent exportation of cultural property during an armed conflict. It requires each signatory:
to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory. This shall either be effected automatically upon the importation of the property or, failing this, at the request of the authorities of that territory.Canada's Cultural Property Export and Import Act Sec. 36.1(4), implementing the Convention, provides:
If the government of a State Party submits a request in writing to the Minister for the recovery and return of any cultural property that has been exported from an occupied territory of that State Party and that is in Canada in the possession of or under the control of any person, institution or public authority, the Attorney-General of Canada may institute an action in the Federal Court or in a superior court of a province for the recovery of the property by the State Party.Israel argues that the temporary loan of the Scrolls for display in Canada does not amount to "exportation" under the Hague Convention, and that the Scrolls, which it says it is merely holding as custodian, are part of the Jewish heritage. Palestinians argue that the Scrolls are also part of their heritage. [Thanks to Vos Iz Neias? for the lead.]
Ex-Indonesian President, Moderate Religious Reformer, Dies
Gus Dur was a renowned religious reformer, a voice of moderation when his country needed it most, and a bridge between Muslims and people of other faiths. His unique voice and perspective will be missed.... His life's mission was to increase religious understanding and reduce religious extremism worldwide. Though the world produces few men of his talents, the mission he lived for should be everyone's goal.
Claims Against Jewish Newspaper Dismissed To Avoid Religious Entanglement
to evaluate whether plaintiff's reputation suffered any injury, a jury would, of necessity, be required to determine how a Seruv Listing is viewed within the Orthodox Jewish community and whether an Orthodox Jew would be offended by another's refusal to provide a Get. To make that determination, a jury would be obliged to consider the intricacies of Jewish doctrine. Such consideration would require a jury to delve deeply into the importance of giving a Get and the disdain heaped on a man who refuses one.[Thanks to Bridget Englard for the lead.]
Connecticut School Will Move Graduation Away From Cathedral
UPDATE: ACLU announced on Feb. 9 that the Windsor (CT) Board of Education has voted to move its graduation away from The First Cathedral. With this decision, all 5 districts that had been using the church have now decided to hold their ceremonies elsewhere.
Thursday, December 31, 2009
Malaysian Court Says Catholic Paper Can Use Term "Allah"
UPDATE: The Malay (1/2) reports that the Prime Minister's Department in cooperation with the Home Ministry will appeal the High Court's decision.
UPDATE2: On Jan. 6, the High Court granted the Home Ministry a stay of its order while an appeal is taken to the Court of Appeal. (Outlook India; AP.)
7th Circuit Decides Two RLUIPA Zoning Cases
In the second case, the court upheld the city of Peoria's classifying as a landmark an apartment building next door to Trinity Evangelical Lutheran Church. This designation prevented the church from tearing down the building in order to build a family life center. The court rejected the Church's RLUIPA claim, holding that the burden on its free exercise is only modest. It can sell the building and use the proceeds to construct a family life center elsewhere in the city. Today's Chicago Tribune reports on the Chicago portion of the opinion.
Remains of 500 Animals From Santeria Rituals Found In Philadelphia House
Federal Court Orders New York Kosher Poultry Plant To Shut Down
The fundamental question, of course, is what is it about these people that makes it possible for them to, on the one hand, claim to be more religious and pious, and on the other hand, break rules that are non-halachic rules.He answered that the Skvers, along with other fundamentalist groups, tend to divide the world into "us and them", and feel they can be less concerned in portions of their lives that involve outsiders.
Fired Muslim Workers Denied Unemployment Benefits
Wednesday, December 30, 2009
Contributions To Arizona Scholarship Organzations Raise Federal Tax Issues
H1N1 Precautions Suspended Religious Activities At Montana Jail
FLDS Church Asks Utah Supreme Court To Stay Proceedings In Trust Case
Holocaust Survivors' Suit Against Vatican Bank Dismissed By 9th Circuit
This decision, involving the property claims, concluded that neither the international takings exception nor the commercial activities exception removed this suit from protection under the Foreign Sovereign Immunities Act. AP yesterday reported on the decision.A group of twenty-four individuals and four organizations ... claim that the Vatican Bank, known by its official title Istituto per le Opere di Religione, the Order of Friars Minor, and the Croatian Liberation Movement ..., profited from the genocidal acts of the Croatian Ustasha political regime ... which was supported throughout World War II by Nazi forces. That profit allegedly passed through the Vatican Bank in the form of proceeds from looted assets and slave labor. The Holocaust Survivors brought suit in federal court claiming conversion, unjust enrichment, restitution, the right to an accounting, and human rights violations and violations of international law arising out of the defendants' alleged involvement with the Ustasha during and following World War II.
Tuesday, December 29, 2009
Court OK's Ban of Creche on Roadway Median
Plaintiff sued, claiming that the refusal violates his freedom of expression. (See prior posting.) Observing that this is an "extremely close case," the court analyzed a number of "public forum" cases and concluded that a median in the middle of a busy roadway is not a "traditional public forum." It further ruled that the county has a compelling interest in prohibiting placement of the creche in the median because it may impede sight lines at the intersection. Also if this structure is allowed, the county would have to permit all sorts of displays on road medians, creating safety hazards around the county. At the same time, the alternative of displaying the creche a few hundred yards away on Church property would not create any public safety concerns. Finally, the court concluded that banning of temporary structures on busy road medians would not convey a message of endorsement or disapproval of religion. Yesterday's Detroit News reported on the decision.
Egypt Questioning Reporter On Blasphemy Charges
Virginia Warden Retires Amid Charges of Denying Prisoners Religious Services
Concerns About Religious Profiling for Security Arise Again After Flight 253
According to TPM, over the week end, Rep. Peter King (R-NY), Ranking Member of the House Homeland Security Committee, said on Fox News:
I think there are situations like this where we are afraid of being accused of profiling. The fact is while the overwhelming majority of Muslims are outstanding people, on the other hand 100% of the Islamic terrorists are Muslims, and that is our main enemy today. So while we should not be profiling people because of their religion, at the same time we should not be bending over backwards to somehow keep them off a list.A press release yesterday from the Council on American-Islamic Relations urged authorities to avoid ethnic and religious profiling.