Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, June 08, 2010
Canadian Case Raises Issue of Defendant's Right To Have Accuser Remove Niqab
New Florida Law, Responding To Santa Rosa Case, Limits School Officials
District school boards, administrative personnel, and instructional personnel are prohibited from taking affirmative action, including, but not limited to, the entry into any agreement, that infringes or waives the rights or freedoms afforded to instructional personnel, school staff, or students by the First Amendment to the United States Constitution, in the absence of the express written consent of any individual whose constitutional rights would be impacted by such infringement or waiver.Liberty Counsel issued a press release on the new law that becomes effective July 1.
Monday, June 07, 2010
Helen Thomas, Dean of White House Press Corps, Under Fire For Anti-Semitic Remarks
UPDATE: On June 7, Helen Thomas announced her retirement as a columnist for the Hearst News Service. (AP).
Police Department To Take Booking Photos With Religious Headgear On
250 Receive Payments In Covington Diocese Settlement
Recent Articles Of Interest
- J.P. Nichols, The Hidden Dichotomy in the Law of Morality, (Campbell Law Review, Vol 31, p. 591, 2009).
- Adam S. Hofri-Winogradow, A Plurality of Discontent: Legal Pluralism, Religious Adjudication and the State, (Journal of Law and Religion, Vol. 26, No. 1, pp. 101-133, 2010).
- John C. Jeffries Jr., What’s Wrong with Qualified Immunity?, (Florida Law Review, Vol. 62, 2010).
From SmartCILP:
- Margaret F. Brinig & Nicole Stelle Garnett, Catholic Schools, Urban Neighborhoods, and Education Reform, 85 Notre Dame Law Review 887-954 (2010).
- Leslie C. Griffin, Fighting the New Wars of Religion: The Need for a Tolerant First Amendment, 62 Maine Law Review 23-74 (2010).
Sunday, June 06, 2010
Recent Prisoner Free Excercise Cases
In Muhammad v. Williams-Hubble, (11th Cir., May 28, 2010), the 11th Circuit reversed the district court and permitted an inmate to proceed with his charges that in seeking prison employment his high school diploma was rejected because he is a Muslim.
In Ali v. Quarterman, (5th Cir., May 28, 2010), the 5th Circuit held that the Texas federal district court erred in denying a motion for a preliminary injunction from a Muslim inmate seeking to wear a beard and a kufi. The trial court failed to set out findings of fact and conclusions of law. The trial court also erred in its administrative closure of the case.
In Wright v. Hedgpeth, 2010 U.S. Dist. LEXIS 54592 (ND CA, May 10, 2010), a California federal district court held that an inmate's complaint that he was denied a Halal diet and that various Muslim religious services were cancelled stated a cognizable free exercise claim. It dismissed his claim that officials placed his Qu'ran in a pile of dirt, and that he was searched by a female guard in violation of his religious principles.
In Sivori v. Sparkman, 2010 U.S. Dist. LEXIS 54222 (ND MI, June 2, 2010), a Mississippi federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54227, May 13, 2010). and permitted an inmate who is a membe of the House of Yaweh to proceed with claims that he was denied a kosher diet and that the Postal Inspection Service blocked his receiving a kippah.
In Matlock-Bey v. Ringwood, 2010 U.S. Dist. LEXIS 54418 (ED AR, June 1, 2010), a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54302. May 10, 2010) and dismissed a complaint by a Muslim inmate over the serving of meat products containing pork additive on several occasions.
In Hernandez v. Arizona Department of Corrections, 2010 U.S. Dist. LEXIS 53236 (D AZ, May 6, 2010), an Arizona federal district court concluded that an inmate failed to state a free exercise claim in his complaint that food items were missing from his trays.
In Cosco v. Lampert, (WY Sup. Ct., April 10, 2010), the Wyoming Supreme Court rejected an inmate's claim that his leather cover for his satanic bible with a satanic medallion, as well as a medallion of Baphomet, were destroyed or went missing after he was transferred to a Nevada prison which went the items back to Wyoming.
Armenian Church Sues Getty Museum For Return of Bible Pages
Saturday, June 05, 2010
Saudi Plaintiffs Say Their Government Is Violating Islamic Law
Meanwhile according to Arab News earlier this week, Sheikh Youssef Al-Ahmad, a lecturer at Imam Muhammad bin Saud Islamic University, has filed a suit in the Court of Appeals in Riyadh challenging a decision by Noura Al-Faiz, deputy minister of education, to allow female teachers in private girls schools to teach boys in the first three grades. Al-Ahmed says this is forbidden "because this is a realization of the liberal scheme to gradually normalize the mixing of genders in schools."
Friday, June 04, 2010
Court Invalidates Arrangement With Jehovah's Witnesses On Orders For Blood Transfusions
Joining Religious Commune Does Not Excuse Support Payments
9th Circuit Re-Certifies Issues To California High Court In Boy Scout Case
The questions certified to the California Supreme Court are:We previously certified these questions to the California Supreme Court in an order that ... determined that the plaintiffs had standing to maintain this action.... We stayed our certification order pending disposition of a petition for rehearing en banc. That petition was denied ... and we directed the certification order to be delivered to the California Supreme Court.... The Boy Scout defendants filed a petition for certiorari, however, challenging our certification order's ruling that the plaintiffs had standing.... The Supreme Court of California then entered an order stating that our request for decision of certified questions was "denied without prejudice and may be re-filed after the issue of standing is finalized."
...[W]e stayed further proceedings in our court pending the decision of the Supreme Court on the Boy Scouts’ petition for certiorari, and the decision of the Supreme Court in Salazar v. Buono ... which raised a similar standing issue.
On April 28, 2010, the United States Supreme Court decided Salazar v. Buono, ... but a majority of the Court did not decide the relevant standing issue.... Shortly thereafter, the Supreme Court denied certiorari in Boy Scouts v. Barnes-Wallace....
We conclude, therefore, that the issue of standing has become finalized within the meaning of the order of the California Supreme Court.... In accordance with that order, we take this opportunity to re-file our certification of issues and request for decision by the California Supreme Court.
Courthouse News Service reports on the 9th Circuit's action.1. Do the leases interfere with the free exercise and enjoyment of religion by granting preference for a religious organization in violation of the No Preference Clause in article I, section 4 of the California Constitution?
2. Are the leases "aid" for purposes of the No Aid Clause of article XVI, section 5 of the California Constitution?
3. If the leases are aid, are they benefitting a “creed” or “sectarian purpose” in violation of the No Aid Clause?
Judge Orders Observance of Religious Rules In Custody Decision
Pakistan Ratifies Convention on Civil and Political Rights
Summum's Establishment Clause Claim Is Rejected
Thursday, June 03, 2010
Challenge To Agreement For Church Tent City Dismissed As Untimely
Russian Taxi Company Caters To Orthodox Christians
House Hearing Explores Impact of Money Laundering Rules On Legitimate Charities
Terrorist organizations have abused and exploited charities of all backgrounds. And there is no doubt that terrorist organizations such as al Qaida, Hamas, and Hizbollah have abused and exploited Muslim charities. Though Treasury actions with respect Muslim charities have been relatively infrequent and none have occurred for almost three years, we understand that the important steps that we have taken to target charities that do support terrorist organizations, combined with other successful counter-terrorism efforts across our government, have had the unfortunate and unintended consequence of causing a chilling effect on well-intentioned donor activity within Muslim American communities.Other witnesses were Kay Guinane, Program Manager, Charity and Security Network; Michael German, Policy Counsel, American Civil Liberties Union; and Matthew Levitt, Director, Stein Program on Counterterrorism and Intelligence, The Washington Institute for Near East Policy.
Supreme Court: Miranda Rights Waived In Answers About Religious Belief and Prayer
About 2 hours and 45 minutes into the interrogation, [Police Detective] Helgert asked Thompkins, "Do you believe in God?" .... Thompkins made eye contact with Helgert and said "Yes," as his eyes "well[ed] up with tears." ... "Do you pray to God?" Thompkins said "Yes." ... Helgert asked, "Do you pray to God to forgive you for shooting that boy down?" ... Thompkins answered "Yes" and looked away.... Thompkins refused to make a written confession, and the interrogation ended about 15 minutes later.Yesterday's Detroit Free Press reported on the Court's decision.
Catholic Military Archbishop Issues Statement Opposing Repeal of "Don't Ask/ Don't Tell"
Catholic chaplains must show compassion for persons with a homosexual orientation, but can never condone-even silently-homosexual behavior. A change might have a negative effect on the role of the chaplain not only in the pulpit, but also in the classroom, in the barracks, and in the office.
A more fundamental question, however, should be raised. What exactly is the meaning of a change? No one can deny that persons with a homosexual orientation are already in the military. Does the proposed change authorize these individuals to engage in activities considered immoral not only by the Catholic Church, but also by many other religious groups? Will there be changes in the living conditions, especially in the AOR?
There is no doubt that morality and the corresponding good moral decisions have an effect on unit cohesion and the overall morale of the troops and effectiveness of the mission. This Archdiocese exists to serve those who serve and it assists them by advocating moral behavior. The military must find ways to promote that behavior and develop strong prohibitions against any immoral activity that would jeopardize morale, good morals, unit cohesion and every other factor that weakens the mission. So also must a firm effort be made to avoid any injustices that may inadvertently develop because individuals or groups are put in living situations that are an affront to good common sense.