Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, April 14, 2010
Dissolution Decree Lets Father Take Daughter To Church During Visitation Times
In a 30-page dissolution judgment (full text), Cook County Circuit Court Judge Rene Goldfarb, focusing on the best interests of Ela, ruled that Rebecca would be given custody, but that Joseph will have visitation rights (including Christmas and Easter each year), and can take Ela to church during those times. In its opinion, the court said that Rebecca feared possible future confusion and harm if Ela was taken to church by her father. While the judge was highly critical of some of Joseph's behavior, she said no evidence was presented that taking the 3-year old to church is or would be harmful to her.
Tuesday, April 13, 2010
Obama's Statement Marking Yom Hashoah Is Released
On my visit to Buchenwald last year – and during my visit to Yad Vashem in 2008 – I bore witness to the horrors of anti-Semitism and the capacity for evil represented by the Nazis’ campaign to annihilate the Jewish people and so many others. But even at places like Buchenwald, the dignity and courage of those who endured the horrors of the Holocaust remind us of humanity’s capacity for decency and compassion.Meanwhile, CNN reports on a Tel Aviv University study released Sunday which shows that anti-Semitic incidents around the world more than doubled from 2008 to 2009. Part of the increase is attributed to Israel's operations in Gaza beginning in late 2008.
The memories of the victims serve as a constant reminder to honor their legacy by renewing our commitment to prevent genocide, and to confront anti-Semitism and prejudice in all of its forms. We must never tolerate the hateful stereotypes and prejudice against the Jewish people that tragically continues to this day.
3rd Circuit: No Qualified Immunity In Suit Challenging Refusal To Issue "Choose Life" Plates
Campaign In Britain For Arrest of Pope Benedict
Evangelicals Urge Christian Approach To Nuclear Reduction
In order to safeguard life, liberty, community, and security for its own citizens and for the world, the United States must demonstrate moral leadership in protecting the human rights of the most vulnerable, strengthening the rule of law in the international community, and seeking diplomatic negotiations with allies and enemies alike..... We urge churches to teach members ethics for discernment, including just peacemaking practices based on the teachings of Jesus.... We encourage church groups to consider engaging in interfaith dialogue and witness, and in building international partnership with fellow Christians around the world. We call for governmental action to oppose the rise in global terrorism by working for international justice and peacemaking. We call for verifiable international reduction of nuclear weapons and other weapons of mass destruction. We affirm that overcoming the threat of global poverty, global warming, global terrorism, regional insecurity, and nuclear war requires international cooperation. We call for obedience to the Lordship of Christ in all that we do, including talking with an adversary and seeking to make peace.UPDATE: Another Christian organization with significant evangelical support that is pressing for the abolition of nuclear weapons is the Two Futures Project, organized in 2009. (Faith in Public Life, April 2009). [Thanks to Kristin Williams for the lead.]
Vatican Posts New Guidelines On Clerical Sexual Abuse Investigations
A Reuters report published in the New York Times says: "Although the rules are not new, their publication in a short, simple format reflects the Roman Catholic Church's determination to deflect criticism that its response to the sex abuse scandal has been bureaucratic, secretive and defensive."The local diocese investigates every allegation of sexual abuse of a minor by a cleric.
If the allegation has a semblance of truth the case is referred to the CDF [Congregation for the Doctrine of the Faith]. The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.
Civil law concerning reporting of crimes to the appropriate authorities should always be followed.During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims....
Monday, April 12, 2010
Connecticut Bishops Oppose Ending Statute of Limitations On Child Sex Abuse Claims
Over the past several years in states that have even temporarily eliminated the statutes, it has caused the bankruptcy of at least seven dioceses. House Bill 5473 would make Connecticut the only State without a statute of limitations. This bill would put all Church institutions, including your parish, at risk....The Diocese of Bridgeport has also posted A Call for Action and a FAQ about the bill.
It is important to understand that the claims which could be made under House Bill 5473 might be 50, 60, 70 years old or older. Most often, these claims would be driven by a small number of trial lawyers hoping to profit from these cases. They would be difficult to defend because key individuals are deceased, memories have faded, and documents and other evidence have been lost.
Bangladesh High Court Says Women Employed In Education Cannot Be Forced To Wear Veil
Additional Recent Prisoner Free Exercise Cases
In Holley v. California Department of Corrections, (9th Cir., April 5, 2010), the 9th Circuit held that California had not waived sovereign immunity in a damage suit by an inmate who claimed that prison regulations requiring him to wear short hair placed a substantial burden on his exercise of religion.
In Henderson v. Langenbrunner, 2010 U.S. Dist. LEXIS 32558 (MD FL, April 2, 2010), a Florida federal district court rejected a Muslim inmate's complaint over a 35 minute delay in delivering his bagged meal for Ramadan.
In Perez v. New York State Department of Correctional Services, 2010 U.S. Dist. LEXIS 32500 (ND NY, March 16, 2010), a New York federal magistrate judge rejected an inmate's claim that a strip frisk after a Catholic Family Day event deterred him from attending other Catholic religious services.
In Smith v. Graziano, 2010 U.S. Dist. LEXIS 33878 (ND NY, April 6, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 33811, March 16, 2010), and held that an inmate's free exercise rights and his rights under RLUIPA were not infringed when Protestant religious services were not held on two Sundays.
In Robinson v. Roper, 2010 U.S. Dist. LEXIS 34286 (CD CA, April 7, 2010), a California federal district court adopted a magistrate's findings (2010 U.S. Dist. LEXIS 34281, Feb. 16, 2010), and found no violations of plaintiff's free exercise rights or rights under RLUIPA. Plaintiff, who was confined under the state's violent sexual predator law, complained that during a search of his room, his Bible, Koran and prayer rug were placed on the floor.
In Hazle v. Crofoot, 2010 U.S. Dist. LEXIS 34108 (ED CA, April 6, 2010), a California federal district court held that parole and correctional officers were liable for violating an Atheist inmate's Establishment Clause rights by requiring him, as a condition of parole, to attend a religion-based 12-step program.
In Myles v. Wallace, 2010 U.S. Dist. LEXIS 34684 (ND WV, April 8, 2010), a West Virginia federal district court adopted a magistrate's recommendations (2008 U.S. Dist. LEXIS 112631, Nov. 7, 2008) and held that no substantial burden was placed on an inmate's free exercise when two orders of religious materials he placed and paid for were by mistake placed in the chapel library instead of being delivered to him.
RLUIPA Suit Challenges Denial of Rezoning For Islamic Learning Center
Recent Articles of Interest
From SSRN:
- Thomas Charles Berg, What Same-Sex Marriage and Religious Liberty Claims Have in Common, (Northwestern Journal of Law and Social Policy, Forthcoming).
- Julie A. Oseid, The Power of Metaphor: Thomas Jefferson’s 'Wall of Separation between Church & State', (U of St. Thomas Legal Studies Research Paper No. 10-14, 2010).
- Thomas Charles Berg, Religious Displays and the Voluntary Approach to Church and State, (Oklahoma Law Review, Forthcoming).
- T. John O'Dowd, Pilate’s Paramount Duty: Constitutional 'Reasonableness' and the Restriction of Freedom of Speech and Assembly, (Comparative Constitutionalism In South Asia, Khilnani, Sunil, Raghavan, Vikram and Thiruvengadam, Arun, eds., Oxford Univ Press India, 2010).
- Richard W. Garnett, Religious Liberty, Church Autonomy, and the Structure of Freedom, (Christianity and Human Rights : An Introduction, John Witte, Jr. and Frank S. Alexander eds., pp. 226-238, Cambridge University Press, 2010).
- Nathan B. Oman, Bargaining in the Shadow of God’s Law: Islamic 'Mahr' Contracts and the Perils of Legal Specialization , (Wake Forest Law Review, Forthcoming).
- Yossi Nehushtan, Female Segregation for Religious Justifications: The Unfortunate Israeli Case, (Droit et Religions, Vol. 4, pp. 441-459, 2009-2010).
- Arnold H. Loewy, Intelligently Designing a Course in Intelligent Design, (February 22, 2010).
- John A. Humbach, Free Will Ideology: Experiments, Evolution and Virtue Ethics, (March 25, 2010).
From SmartCILP and elsewhere:
- Molly Greene, Goodbye to the Despot: Feldman on Islamic law in the Ottoman Empire, (Reviewing Noah Feldman, The Fall and Rise of the Islamic State), 35 Law & Social Inquiry 219-242 (2010).
- Journal of Law and Religion, Vol. XXV, No. 1 (2009-10) has recently appeared.
- Journal of Church & State, Vol. 51, No. 4 (Autumn 2009) has recently appeared.
Sunday, April 11, 2010
British Religious Leaders Want Special Judicial Panel To Hear Religious Rights Cases
Dutch Supreme Court Tells Christian Political Party To Give Women Leadership Roles
Minister-Social Worker's Claim Under Title VII Survives Motion To Dismiss
The Court finds that Metropolitan's argument that its conduct was appropriate because it prohibited Bible-based study at a state facility misses the point. Moore alleges that Metropolitan said she could not mention God at work.... If Moore's allegation is true-and the Court must assume that it is at this stage of the proceedings -a reasonable inference to draw is that Metropolitan prohibited Moore from mentioning God even when she was not speaking with Metropolitan clients. Such an unconditional prohibition could run afoul of Metropolitan's duty to reasonably accommodate Moore's religious beliefs. Moore's direct religious discrimination claim therefore survives Metropolitan's motion to dismiss.
Recent Prisoner Free Exercise Cases
In Nasious v. Grayson, 2010 U.S. Dist. LEXIS 30409 (D CO, March 29, 2010), a Colorado federal district court agreed with a federal magistrate (2010 U.S. Dist. LEXIS 30498, Feb. 17, 2010), that the policy of a detention facility to issue a single eating utensil, a spoon, to each inmate for the inmate to keep did not substantially burden plaintiff's religious exercise. Plaintiff claimed that his Jewish faith required that his kosher meals be eaten with disposable eating utensils.
In Goodson v. Maggi, 2010 U.S. Dist. LEXIS 30058 (WD PA, March 1, 2010), in an opinion largely focusing on other issues, a federal magistrate judge held that plaintiff, an inmate, had failed to allege how his inability to access a spiritual advisor and attend church services created a substantial burden or substantially impacted his ability to exercise a central tenet of his religion. However he was given an opportunity to amend his complaint.
In Blumenthal v. Armstrong, 2010 U.S. Dist. LEXIS 30050 (WD MI, March 29, 2010), a Michigan federal district court adopted recommendations of a magistrate (2010 U.S. Dist LEXIS 20174, Feb. 10, 2010), and upheld a prison's decision to remove an inmate from receiving a kosher diet based on his lack of adherence to Jewish religious practices and his purchasing of non-kosher items from the prison's store.
In Massenburg v. Adams, 2010 U.S. Dist. LEXIS 31226 (ED VA, March 31, 2010), a Virginia federal magistrate judge denied both defendants' motion to dismiss and plaintiff's motion for summary judgment in a damage action in which plaintiff, a member of the House of Israel, complained that he was given a job assignment that required him to work on his Sabbath.
In Pouncil v. Tilton, 2010 U.S. Dist. LEXIS 31094 (ED CA, March 31, 2010), a California federal district court held that a Muslim prisoner serving a life sentence properly stated a claim under RLUIPA in his challenge to a rule that prohibited him, in violation of his Muslim faith, from having conjugal visits with his wife.
In Barendt v. Gibbons, 2010 U.S. Dist. LEXIS 31004 (D NV, March 30, 2010), a Nevada federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 31011, Feb. 11, 2010), holding that plaintiff failed to demonstrate a substantial burden on his free exercise of religion under RLUIPA. Plaintiff who is Jewish claimed that the nightly count of inmates took place at the time of pre-Shabbat candle lighting, barring the ability to hold a group ceremony until later.
In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 31892 (WD LA, March 31, 2010), a Louisiana federal district court held that defendant's free exercise rights and his rights under RLUIPA were infringed by a prison's refusal to permit him to receive Nation of Islam's newspaper The Final Call solely because each issue contains "The Muslim Program" written by Elijah Muhammad.
In Strutton v. Meade, 2010 U.S. Dist. LEXIS 31944 (ED MO, March 31, 2010), a Missouri federal district court rejected complaints by an inmate being held indefinitely under the state's violent sexual predator law that a second Wiccan religious service each week was not permitted because there was no volunteer leader. It also rejected on pleading grounds his complaint that at one time he was not permitted to make Wiccan objects in Arts and Crafts class. Finally it rejected his claim that pressure from fellow-inmates at one AA meeting to recite the serenity prayer amounted to an Establishment Clause violation.
Mintun v. Peterson, 2010 U.S. Dist. LEXIS 31598 (D ID, March 30, 2010), involves a claim by a gay inmate that he was prevented from participating in the inmate-run choir or Christian Fellowship services because of beliefs of fellow inmates that homosexuality is a sin. An Idaho federal district court denied defendants' motion for summary judgment on plaintiff's free exercise and RLUIPA claims for lack of evidence. The court rejected plaintiff's retaliation and equal protection claims.
In Levy v. Holinka, 2010 U.S. Dist. LEXIS 31743 (WD WI, Marach 30, 2010), a Wisconsin federal district court rejected RFRA, free exercise and establishment clause claims of a Hebrew Israelite prisoner who complained that he was not permitted to wear a turban.