Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, May 26, 2010
Hindu Group In India Opposes State's Construction of Buddha Park
Group Urges States Not To Contract To Send Inmates To Planned Christian Prison
To Help In Deciding, Judge Visits Church Where Graduation Is Scheduled
Tuesday, May 25, 2010
Kenya Court Says Kadhis Courts Inconsistent With Other Parts of Constitution
Yesterday's Daily Nation, reporting on the decision, says that the Court has raised a question about the scheduled August 4 referendum on a new Constitution, since that draft also includes Kadhis courts. (See prior posting.) The High Court in its decision held that whether provisions in the proposed document are a problem is not ripe for determination. The Daily Nation reports that opponents of the draft constitution are calling for an immediate suspension of the planned referendum.the financial maintenance and support of the Kadhis' courts from public coffers amounts to segregation, is sectarian discriminatory and unjust ... and amounts to separate development of one religion and religious practice contrary to the principle of separation of state and religion (secularism) and is therefore contrary to the universal norms and principles of liberty and freedom of religion envisaged under sections 70, 78 and 82 of the Constitution....
the entrenchment of the Kadhis' courts in the Constitution elevates and uplifts the Islamic religion over and above the other religions in Kenya which is inconsistent with section 78 and 82 of the Constitution....
UPDATE: The Daily Nation reports that on May 25, Kenya's Attorney General filed an appeal of the decision.
Suit Threatened Over Student Who Is Disciplined For Wearing Rosary Beads
School Responds To No-Prayer Injunction By Ending Review of Student Graduation Speeches
Defendant Sentenced For Cyber Attack On Scientology Website
US Amicus Brief To High Court Favors Vatican In Abuse Lawsuit
The United States in its amicus brief essentially sided with the Vatican, but urged that instead of granting a full hearing on the appeal, the Court should grant cert, vacate the judgment of the Court of Appeals and remand for further consideration. The U.S. urged, that if the Court is not willing to do this, it should deny certiorari. More specifically, the Justice Department argued that the 9th Circuit was wrong in holding that the sexual abuse was within the priest's "scope of employment" under Oregon law, a prerequisite for liability under the doctrine of respondeat superior. It argued further that the 9th Circuit "erred in conflating the FSIA's jurisdictional scope-of-employment inquiry with the separate question of respondeat superior liability under state substantive law." Today's Cath News reports on the filing of the brief.
Czech President, Prague Archbishop Sign Agreement On Joint Care of Cathedral
The court dispute about the cathedral and some other real estate at Prague Castle has been terminated by the declaration we have just signed. As it has been for long past centuries, the state and the Catholic Church will by joint forces take care of the cathedral that they together consider an exceptional national symbol in its historical, spiritual and cultural sense.(See prior related posting.)
Monday, May 24, 2010
Supreme Court Agrees To Review Arizona Tuition Tax Credit
Supreme Court Grants Cert. In RLUIPA Damages Case
In the case, the 5th Circuit held (see prior posting) that official-capacity damage actions are barred by the state's sovereign immunity. Agreeing with the 4th Circuit, it concluded that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding. The 5th Circuit also held that damages under RLUIPA are not available in suits against officials in their individual capacities. It reasoned that because RLUIPA was enacted under Congress' Spending Clause Powers, only the governmental recipient of the grant may be liable for a violation. The Supreme Court did not grant cert. to review that port of the holding. SCOTUS blog has links to the petitions for and against cert. and amicus filings in the case.
Israeli Right Wingers Say They Will Protest Bar Mitzvah of Rahm Emanuel's Son
Recent Articles of Interest
From SSRN:
- Ian S. Speir, Clemency in Jewish Law, (May 18, 2010).
- Ellen P. Aprill, An Overview of Tax Issues for Synagogues (and Other Religious Congregations), (Loyola-LA Legal Studies Paper No. 2010-24, May 19, 2010).
- Kristen Stilt, How is Islam the Solution?: Constitutional Visions of Contemporary Islamists, (Texas International Law Journal, Forthcoming).
- Jeff Redding, Dignity, Legal Pluralism, and Same-Sex Marriage, (Brooklyn Law Review , Vol. 75, 2010).
- Hussin Iza, Where is the Local Online? Internet Fatwa and the Making of New Muslim Spaces, (Western Political Science Association 2010 Annual Meeting Paper).
- Mohamad Mova Al 'Afghani, Religious Freedom in Indonesia Before and after Constitutional Amendments, (Critical Thinkers For Islamic Reform, Brainbow Press, 2009).
- Michael Young, In Defense of the Constitutionality of Critically Discussing Religion and Ethics in Schools in Light of Free Exercise and Parental Rights, (Ohio State Law Journal, Vol. 70, p. 1565, 2009).
- Aziz Z. Huq, Modeling Terrorist Radicalization, Duke Journal of Law and Social Change, Forthcoming).
From SmartCILP:
- Nancy D. Perkins, Form and Norm: The Transformative Potential of Sub-National Environmental Solidarity, 20 Fordham Environmental Law Review 469-514 (2010).
Sunday, May 23, 2010
South Dakota Tea Party Candidate For Governor Presses For Religion, Church Endorsements
Recent Prisoner Free Exercise Cases
In Burchett v. Bromps, (9th Cir., May 21, 2010), the 9th Circuit held that plaintiff should be permitted to amend his pleadings to pursue an Establishment Clause claim against the Washington state community corrections officer supervising the community-placement portion of his criminal sentence. Plaintiff alleged that the officer prohibited him from attending a Seventh Day Adventist Church and granted him permission to attend only an Assembly of God church.
In Robinson v. Delgado, 2010 U.S. Dist. LEXIS 47818 (ND CA, May 13, 2010), a California federal magistrate judge permitted an inmate who was a member of the House of Yahweh Yadhaim religion, to proceed with his claim that he should be permitted a kosher diet, and that the prison's vegetarian meals are not kosher.
In Perezo v. Williams, 2010 U.S. Dist. LEXIS 48248 (ND TX, May 17, 2010), a Texas federal court dismissed a frivolous an inmate's claim that his free exercise rights were violated because he is not permitted to take his Bible with him into the recreation yard for his one hour of recreation.
In Native American Council of Tribes v. Weber, 2010 U.S. Dist. LEXIS 48969 (D SD, May 18, 2010), a South Dakota federal district court held that plaintiff organization lacks standing to bring a suit under RLUIPA challenging the decision to remove tobacco from Native American ceremonies in the South Dakota State Penitentiary.
In Eichler v. Tilton, 2010 U.S. Dist. LEXIS 48623 (ED CA, April 21, 2010), a California federal magistrate judge held that an inmate needs to amend his complaint to clarify his claim that his religious rights are being infringed when prison officials refused to permit him to practice yoga.
In Gordon v. Caruso, 2010 U.S. Dist. LEXIS 49430 (WD MI, May 19,2010), a Michigan federal district court refused to dismiss claims by an inmate who was a member of the white-supremacist Asatru faith that his free exercise rights and his rights under RLUIPA were violated when officials prohibited Asatru group worship. Defendants had not shown that there were no less restrictive alternatives available to deal with officials' concerns.
In Sandeford v. Plummer, 2010 U.S. Dist. LEXIS 49315 (ND CA, April 26, 2010), a California federal district court refused to grant a prisoner's motion for reconsideration of the court's previous summary judgement against him (see prior posting) on his complaints of being denied an Islamic diet, of improper observances of Ramadan and Eid, denial of an imam for spiritual guidance and refusing to allow him to wear a Kufi prayer cap.
California Reacting To New Texas Textbook Changes
(h) Although not yet formally adopted, it is widely presumed that the proposed changes to Texas' social studies curriculum will have a national impact on textbook content since Texas is the second largest purchaser of textbooks in the United States, second only to California.
(i) As proposed, the revisions are a sharp departure from widely accepted historical teachings that are driven by an inappropriate ideological desire to influence academic content standards for children in public schools.
(j) The proposed changes in Texas, if adopted and subsequently reflected in textbooks nationwide, pose a serious threat to Sections 51204.5, 60040, 60041, 60043, and 60044 of the Education Code as well as a threat to the apolitical nature of public school governance and academic content standards in California.
Georgia Governor Signs New Disclosure Law On Kosher Foods
Saturday, May 22, 2010
Court Says Challenge To Tax Code Parsonage Allowance Can Move Forward
The court held that plaintiffs adequately alleged that Section 107 has the unconstitutional effect of advancing religion. It provides a blanket exemption from taxable income for ministers' housing that is not available to similarly situated secular employees, and allows them to receive a tax-free housing allowance that is not available to other taxpayers. The section also provides a benefit to religion itself, since churches can pay ministers lower salaries when part of their compensation is tax-free. This special benefit for clergy and religion cannot be justified as an accommodation to protect free exercise. However, plaintiffs did not allege sufficient facts to show that the predominant effect of § 265(a)(6) favors religion. It merely gives ministers the same incentive to purchase a home that is available to other taxpayers. [Thanks to Michael Gompertz for the lead.]
Texas Board of Education Adopts More Conservative Social Studies Curriculum
Examine the reasons the Founding Fathers protected religious freedom in America and guaranteed its free exercise by saying that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, and compare and contrast this to the phrase "separation of church and state."Responding to criticism of earlier changes (see prior posting), the Board restored Thomas Jefferson to the list of political philosophers that students will study in world history. He was already included in the U.S. History and the Government curricula.