Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, March 09, 2010
Muslim-Christian Ethnic Massacre In Nigeria Kills 378 Christians
Monday, March 08, 2010
Supreme Court Grants Cert. In Westboro Baptist Church Funeral Picketing Case
UPDATE: Here is the petition for certiorari and the brief in opposition (thanks to SCOTUS blog).
Speculation Surrounds Mixed-Faith Wedding Ceremony for Chelsea Clinton
School Guidance Director Sues, Claiming Animus From Orthodox Jewish Board Members
Recent Articles and Book of Interest
From SSRN:
- Christian Behrendt, State Norms and Religious Norms: Summary Reflections on Some of their Characteristics (Règles Étatiques Et Règles Religieuses: Brèves Réflexions Sur Certaines De Leurs Caractéristiques), (Revue de la Faculté de droit de l'Université de Liège, pp. 287-294, 2009).
- Nathan B. Oman, Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism, (William & Mary Law School Research Paper No. 09-43, Feb. 26, 2010).
- Jill I. Goldenziel, Sanctioning Faith: Religion, State, and U.S.-Cuban Relations, (Journal of Law and Politics, Vol. 25, p. 179, 2009).
- Peter J. Smith & Robert W. Tuttle, Biblical Literalism and Constitutional Originalism, (GWU Legal Studies Research Paper, March 1, 2010).
- Gregory K, Acquaviva & John D. Castiglione, Judicial Diversity on State Supreme Courts, (Seton Hall Law Review, Vol. 39, No. 4, pp. 1203-1261, 2009).
- Gabriel Hallevy, Culture Crimes Against Women, (February 15, 2010).
- Mark Kende, Free Exercise of Religion: A Pragmatic and Comparative Assessment, (University of South Dakota Law Review, Forthcoming).
- Howard M. Wasserman, Iqbal, Procedural Mismatches, and Civil Rights Litigation, (Lewis & Clark Law Review, Vol. 14, p. 157, 2010.
- Tom Tyler, Stephen J. Schulhofer & Azuz Z. Huq, Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans, (Law and Society Review, Forthcoming).
New Book:
- Douglas Laycock, Religious Liberty, Volume 1: Overviews and History, (Eedrmans, 2010).
Sunday, March 07, 2010
Report Says Scientology Staff Members Are Treated Abusively
They signed a contract for a billion years — in keeping with the church's belief that Scientologists are immortal. They worked seven days a week, often on little sleep, for sporadic paychecks of $50 a week, at most.
But after 13 years and growing disillusionment, the Collbrans decided to leave the Sea Org, setting off on a Kafkaesque journey that they said required them to sign false confessions about their personal lives and their work, pay the church thousands of dollars it said they owed for courses and counseling, and accept the consequences as their parents, siblings and friends who are church members cut off all communication with them.
Recent Prisoner Free Exercise Cases
In Witcher v. Maclunny, 2010 U.S. Dist. LEXIS 17382 (MD PA, Feb. 26, 2010), a Pennsylvania federal district court dismissed a prisoner's complaint regarding the removal of 25 religious books, finding that plaintiff failed to allege how this substantially burdened his ability to observe a central religious belief or practice.
In Brown v. Ray, 2010 U.S. Dist. LEXIS 17363 (WD VA, Feb. 26, 2010), a Virginia federal magistrate judge dismissed on qualified immunity grounds the damage claim, but not the claim for injunctive relief, brought by a Nation of Islam inmate who alleged that he is being denied his weekly NOI newspaper, The Final Call. It also dismissed certain other related claims for failure to exhaust administrative remedies, but permitted others to proceed.
In Banks v. Dougherty, 2010 U.S. Dist. LEXIS 17443 (ND IL, Feb. 26, 2010), an Illinois federal district court dismissed on mootness and sovereign immunity grounds claims by Muslims confined in a state mental health facility that the facility did not offer Friday Jumu'ah services.
In Butts v. Riley, 2010 U.S. Dist. LEXIS 17517 (WD MI, Feb. 26, 2010), a Michigan federal district court upheld a prison's refusal, for lack of sincere religious belief, to furnish plaintiff a kosher diet.
In Chappell v. Helder, 2010 U.S. Dist. LEXIS 18056 (WD AK, March 1, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 125391, Dec. 14, 2009), and ordered the Washington County Detention Center to revise its policies on religious presentations and use of reading materials during lockout periods. It also awarded nominal damages. Plaintiff complained that he was forced to overhear religious presentations being given in the day room during lockout periods and that the only religious reading material inmates were allowed to have during lockout was the Bible.
In Hundal v. Salazar, 2010 U.S. Dist. LEXIS 18837 (CD CA, March 3, 2010), a California federal district court adopted a federal magistrate's recommendations (2009 U.S. Dist. LEXIS 125479, Dec. 16, 2009) and held that a Sikh prisoner can file an amended complaint against certain defendants alleging RLUIPA violations in refusing to permit him to wear a beard. However it dismissed his Free Exercise and Equal Protection claims and his RLUIPA claim against one defendant.
In LaRue v. Matheney , (SD WV, March 4, 2010), a West Virginia federal district court rejected a free exercise claim by a prisoner who had agreed to participate in the institution's treatment program. Plaintiff signed an Individual Therapy Contract obligating him to participate in treatment sessions and to refrain from certain conduct relating to children and to sexual matters. He now claims that his inability to keep pornography in his cell violates his beliefs as a member of the Christian Prurient Faith, a ministry which he founded. The court held that the burden with which he challenges was imposed on him because of a valid contract which he voluntarily entered.
In Peterman v. Berry, (ED WI, Feb. 26, 2010), a Wisconsin federal district court rejected complaints from a Muslim inmate that he was not provided a Halal diet, he was not allowed to order various religious items, there was no Muslim group worship, and he was required to purchase a Q'uran while Bibles were given out for free. The court found that the jail attempted to accommodate plaintiff's requests and that any failure to do so was not the result of any official policy or custom of the jail.
Hasidic Charity Can Claim Return of Seized Funds Only In Criminal Case
Virginia's AG Says State Colleges Cannot Ban LGBT Discrimination
the law and public policy of the Commonwealth of Virginia prohibit a college or university from including "sexual orientation," "gender identity," "gender expression," or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly.
Saturday, March 06, 2010
Taxpayer Lacks Standing To Challenge Church's Use of School; Parent May Have Standing
UPDATE: In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 21876 (March 10, 2010), the court denied a motion for reconsideration.
9th Circuit Says Christians In Indonesia Face Likely Persecution, Torture
Friday, March 05, 2010
Qualified Immunity Applies To RFRA Claim Growing Out of Drug Search
Court Issues Preliminary Injunction Barring Noise Prosecutions Against Church Bells
The Court finds, for the purposes of preliminary injunction analysis, that the NoiseAlliance Defense Fund issued a release announcing the decision.
Ordinance is neither precise enough nor clear enough to be considered narrowly tailored. The Noise Ordinance does not contain an objective standard, such as a decibel level, under which loud, disturbing, and unnecessary sounds are targeted to the exclusion of sounds that are not loud, disturbing, and unnecessary. Also, the exemptions from the Noise Ordinance are a scattershot list, providing an exception for government vehicles, noncommercial public addresses, ice cream trucks (or other uses of hand-held devices playing "pleasing melodies"),and nighttime street work, but not considering any other types of sound to be exempt from coverage. The government's interest in preventing the disturbance of its citizens by noise could be achieved by other, less restrictive means.
Religious Questionnaire To City Candidates Draws Criticism
4th Circuit Upholds Church's Discrimination and RLUIPA Claims
the evidence presented at trial of the County's anti-church animus was very strong. The evidence thus supports the jury’s conclusion that (1) the County intentionally discriminated against Reaching Hearts on a prohibited ground, and (2) the County imposed or implemented a land use regulation in a manner that imposed a substantial burden on Reaching Heart’s religious exercise, without satisfying the standard of strict scrutiny.Yesterday's Washington Post reports on the decision.
State Employees Say Boss Judged Them On the Quality of Their Religious Faith
Thursday, March 04, 2010
Anti-Evolutionists Tying Curriculum Efforts To Global Warming Skepticism
Church Lacks Standing To Sue Over Investigation of Its Loud Music
Plaintiffs have not articulated any concrete or particularized injury. FBC continues to hold services with the music of its choosing. There is no allegation that the nature of FBC's religious services changed in any way in response to the investigation of the noise complaints. There is no specific allegation that any right to free association has been impinged or that any church members were deterred from worshiping.... There is no allegation that FBC was ordered to stop their music or that anyone was ticketed, charged, or fined. In fact, Waterford's disturbing the peace ordinance, which they challenge as vague and overbroad, was not enforced against them. Further, the evidence suggests that Waterford does not have a present intention to enforce the ordinance against them....
Although the complaint alleges that the actions of the prosecutor and police have caused a "chilling effect" -- such bare allegations are insufficient to confer standing.
Texas Republicans Support Religious Reference At Public Gatherings and On Government Buildings
The use of the word "God", prayers, and the Ten Commandments should be allowed at public gatherings and public educational institutions, as well as be permitted on government buildings and property.The advisory measure passed by an overwhelming 95.14% majority, with 11.1% of the state's registered voters participating. (Official results.) Apparently this same measure will appear on the November general election ballot. (San Marcos Daily Record). Yesterday American Atheists issued a press release warning that if this proposal is formally adopted in the state, "it will prove to be unconstitutional and expensive for state taxpayers."