the designation of the Church as an "incidental committee" because of its one-time, in-kind "expenditures" of de minimis economic effect violates the Church's First Amendment free speech rights.The court also held that the Commission's interpretation of "in-kind expenditures" is unconstitutionally vague. Judge Noonan concurring argued that the case should have been decided on Free Exercise grounds. (See prior related posting.) Yesterday's Great Falls (MT) Tribune reported on the decision.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, February 26, 2009
9th Circuit: Treating Montana Church As Political Committee Violates Speech Rights
Wednesday, December 16, 2009
UK Court of Appeal: No Discrimination In Requring Official To Register Civil Partnerships
Today's London Mail reports on the decision.Ms Ladele was employed in a public job and was working for a public authority; she was being required to perform a purely secular task, which was being treated as part of her job; Ms Ladele's refusal to perform that task involved discriminating against gay people in the course of that job; she was being asked to perform the task because of Islington's Dignity for All policy, whose laudable aim was to avoid, or at least minimise, discrimination both among Islington's employees, and as between Islington (and its employees) and those in the community they served; Ms Ladele's refusal was causing offence to at least two of her gay colleagues; Ms Ladele's objection was based on her view of marriage, which was not a core part of her religion; and Islington's requirement in no way prevented her from worshipping as she wished....
Ms Ladele's proper and genuine desire to have her religious views relating to marriage respected should not be permitted to override Islington's concern to ensure that all its registrars manifest equal respect for the homosexual community as for the heterosexual community
Monday, October 14, 2013
Recent Articles and Books of Interest
- Muhammed Tawfiq Ladan, Managing Diversities for Peaceful Co-Existence in a Democratic Nigeria: A Human Rights Perspective, (August 20, 2013).
- Andrew Koppelman, 'Freedom of the Church' and the Authority of the State, (Journal of Contemporary Legal Issues, Forthcoming).
- Stephen M. Bainbridge, Must Salmon Love Meinhard? Agape and Partnership Fiduciary Duties, (UCLA School of Law, Law-Econ Research Paper No. 13-17, 2013).
- Perry Dane, Nature, Equality, and Same-Sex Marriage, (Buffalo Law Review Forthcoming).
- Benjamin L. Berger, Religious Diversity, Education, and the 'Crisis' in State Neutrality, (Canadian Journal of Law and Society, Forthcoming).
- Julia Halloran McLaughlin, Taking Religion Out of Civil Divorce, 65 Rutgers Law Review 395-446 (2013).
- Symposium. In Search of a 'Grand Unified Theory': Thirty Years with the Endorsement Test. Articles by Carl H. Esbeck, Edward M. Gaffney, Jr., Patrick M. Garry, William M. Janssen and Andrew Koppelman. 7 Charleston Law Review 607-725 (2013).
- Daniel Jonah Goldhagen, The Devil That Never Dies: The Rise and Threat of Global Antisemitism (Little Brown, Sept. 2013), reviewed by the New York Times.
- Robert L. LaCosta, Gamaliel’s Advice: Taking Down God, (WestBow Press, June 2013), reviewed by the La Jolla Light.
- Denise A. Spellberg, Thomas Jefferson's Qur'an: Islam and the Founders, (Knopf, Oct. 1, 2013).
Wednesday, April 07, 2021
British Court Says Removal of Franklin Graham Bus Ads Violated Religion and Speech Rights
In Lancaster Festival of Hope With Franklin Graham v. Blackpool Borough Council, (Manchester Cty. Ct., April 1, 2021), a British trial court held that the Equality Act 2010 and the European Convention on Human Rights were violated when banner ads for the Lancaster Festival of Hope were removed from public buses. According to the court:
Upon the Defendants receiving complaints from members of the public about the advertisements, the advertisements were removed from the buses. The complaints related to Franklin Graham and his association with the Festival, and predominantly referred to his views on homosexuality and same-sex marriage as being offensive.
In finding a violation of the Equality Act, the court said in part:
The complaints arose from the objections of members of the public to the religious beliefs. The removal came about because of those complaints. I find it also came about because the Defendants allied themselves on the issue of the religious beliefs with the complainants, and against the Claimant and others holding them. If there were any doubt about that it is made explicit by the content of the press statement issued on behalf of the Second Defendant when the advertisements were removed....
Finding a violation of the European Convention, and thus of the Human Rights Act 1998, the court said in part:
Yes, the Claimant was still able to advertise its event and yes, it was still a success. But “it turned out all right in the end” cannot be an answer to the question of whether the interference with a fundamental right to freedom of expression can be justified. The Defendants had a wholesale disregard for the right to freedom of expression possessed by the Claimant. It gave a preference to the rights and opinions of one part of the community without having any regard for the rights of the Claimant or those who shared its religious beliefs. It made no effort to consider whether any less intrusive interference than removing the advertisements altogether would meet its legitimate aim.
Christianity Daily reports on the decision.
Wednesday, November 04, 2015
Report Analyzes Political Affiliation and Public Policy Views of Various U.S. Religious Groups
Among the interesting findings is that the religiously unaffiliated (the "nones") is now the largest single religious group among those who self-identify as Democrats or as Democratic-leaning. 28% of Democrats are unaffiliated; while only 14% of Republicans are unaffiliated. The largest religious group among Republicans is Evangelical Protestants. They comprise 38% of Republicans, but only 16% of Democrats.
Monday, December 02, 2013
Recent Articles and Books of Interest
- Ashutosh Avinash Bhagwat, Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups, (November 26, 2013).
- Evelyn M. Tenenbaum, The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns, (Albany Law Journal of Science and Technology, Vol. 23, No. 3, p. 539, 2013).
- Frederick Mark Gedicks & Pasquale Annicchino, Lautsi v. Italy: English Translations of Italian Trial and Appellate Decisions, (November 17, 2013).
- Frederick Mark Gedicks & Pasquale Annicchino, Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Religious Symbols, (November 17, 2013).
- Richard F. Duncan, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto, (Texas Review of Law & Politics, Forthcoming).
- Paul Croushore, Not Getting Too Far Out in Front: The Supreme Court Decisions on Same-Sex Marriage, (November 25, 2013).
- Roger Colinvaux, Rationale and Changing the Charitable Deduction, (Tax Notes, Vol. 138, No. 1453, 2013).
- Agustín Elias Casagrande , Los Hijos de Belial. Paradigma religioso y criminalidad en el Río de la Plata hacia fines del siglo XVIII. (The Sons of Belial. Religious Paradigm and Criminality in the Río De La Plata in the Lateness of XVIII Century), (Max Planck Institute for European Legal History Research Paper Series No. 2013-08, 2013).
- Nathan S. Chapman, Disentangling Conscience and Religion, 2013 University of Illinois Law Review 1457-1501.
- David Hollander, Resources To Begin the Study of Jewish Law In Conservative Judaism, 105 Law Library Journal 305-320 (2013).
- Priti Nemani, Piercing Politics: Religious Garb and Secularism In Public Schools, 20 Asian American Law Journal 53-82 (2013).
- The Arab Spring. Articles by George E. Bisharat, Omar M. Dajani, Intisar Rabb and M. Cherif Bassiouni. 17 UCLA Journal of International Law & Foreign Affairs 1-174 (2013).
- Ronald Dworkin, Religion Without God, (Harvard University Press, Oct. 4, 2013), reviewed by The Guardian.
- Peter Gardella, American Civil Religion: What Americans Hold Sacred, (Oxford Univ. Press, Dec. 18, 2013).
Tuesday, September 21, 2010
9th Circuit: Christian Student Lacks Standing To Challenge College's Sexual Harassment Policy
Monday, March 28, 2011
Recent Articles of Interest
- Michael Heise and Gregory C. Sisk, Ideology 'All the Way Down'? An Empirical Study of Establishment Clause Decisions in the Federal Courts, (Michigan Law Review, Vol. 110, 2012).
- Mark L. Movsesian, Foreword: Laicite in Comparative Perspective, (Journal of Catholic Legal Studies, Vol. 49, 2010).
- Alexander Volokh, Everything We Know About Faith-Based Prisons, (March 17, 2011).
- Will Shen and Rohan Bruce Edward Price, Confucianism, Employee Activism and the Case for Moral Relativism, (March 18, 2011).
- Snehashish Ghosh, The Tryst of Destiny: Political Obligation and Religion, (March 25, 2011).
- Luke Goodrich, The Health Care and Conscience Debate: Obama Strikes a Blow Against Conscience, (March 15, 2011).
- Chase D. Anderson, A Quest for Fair and Balanced: The Supreme Court, State Courts, and the Future of Same-Sex Marriage Review after Perry, (Duke Law Journal, Vol. 60, No. 6, p. 1413, 2011).
- Stephen Thuku Mbaaro, Freedom of Expression and Public Order: Exploring the Need for Hate Speech Legislation in Kenya, (March 26, 2011).
- Mridushi Swarup, Protection of Scheduled Tribes Under the Indian Constitution: Promise and Performance, (March 20, 2011).
- James E. Pfander, Resolving the Qualified Immunity Dilemma: Constitutional Tort Claims for Nominal Damages, (Columbia Law Review, Forthcoming).
- A Dialogue Commemorating the Fiftieth Anniversary of To Kill a Mockingbird's Publication. Article by Lance McMillian; response by Judy M. Cornett; reply by Lance McMillian, [Table of Contents], 77 Tennessee Law Review 701-802 (2010).
Monday, July 10, 2023
Recent Articles of Interest
From SSRN:
- Paolo Davide Farah, Global Issues in a Globalized World: The Unescapable Dialogue between Sharīʿa and the Constitution, (in Federico Lorenzo Ramaioli, Shari'a and the Constitution in Contemporary Legal Models: Two Worlds in Dialogue, Global Issues Series, Palgrave MacMillan, 2023).
- Robert L. Tsai & Mary Ziegler, Abortion Politics and the Rise of Movement Jurists, (UC Davis Law Review, Vol. 57, 2024).
- Bhumi Sharma, Inter-Religious Marriages in India - Still An Obstacle?, (November 5, 2022).
- Guy Baldwin, Same-Sex Marriage in Japan and the Role of Courts in a Dominant Party System, (Comparative Constitutional Studies (2023) (forthcoming)).
- Afsha Moin, LGBTQIA and Feminism: All Individuals Are Entitled to Equal Rights, (April 9, 2023).
- Afrasiab Ahmed Rana & Fiza Zulfiqar, Role of Federal Shariat Court in Islamisation of Laws in Pakistan: A Case Law study of Leading Cases, (June 16, 2023).
- Stephen M. Feldman, White Christian Nationalism Enters the Political Mainstream: Implications for the Roberts Court and Religious Freedom, 53 Seton Hall Law Review 667-742 (2023).
Monday, June 03, 2013
Recent Articles of Interest
- Louis-Philippe Raynault-Ollu & Giacomo Zucchi, Concepts de religion dans le droit: Une étude éclectique des approches juridiques à la définition et au droit à la liberté de religion (The Concepts of Religion in Law: An Eclectic Study of the Juridical Approaches to Define Religion and Religious Freedom), Revue Juridique Thémis (2012-2013) 46 R.J.T.649-677.)
- Sarah E. Hamill, Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie, (March 31, 2012).
- Michael McMillen, Sequelae of the Dow Jones Fatwa and Evolution in Islamic Finance: The Real Estate Investment Example, (New Horizon - Institute of Islamic Banking and Insurance, Forthcoming).
- Mohammad Fadel, Theology, Torture and the United States: Do Abrahamic Religions Have Anything Meaningful to Say?, (The Muslim World. Volume 103, Issue 2, pages 223–228, April 2013).
- Michael McMillen, Islamic Capital Markets: A Selective Introduction, (Who's Who - International Legal, Forthcoming).
- Helen M. Alvare, No Compelling Interest: The 'Birth Control' Mandate and Religious Freedom, (Villanova Law Review, Vol. 58, No. 3, pp. 379-436, 2013).
- Daniel Golebiewski, Open Wide the Doors to Christ: Polish Catholicism Under Communist Rule, (December 22, 2011).
- Andrew M. Koppelman, Judging the Case Against Same-Sex Marriage, (University of Illinois Law Review, Forthcoming).
- Lama Abu-Odeh, Egypt's New Constitution: The Islamist Difference, (Constitutional Secularism in an Age of Religious Revival: the Challenges, Oxford University Press, Forthcoming).
- Niels Valdemar Vinding, Muslim Positions in the Religio-Organisational Fields of Denmark, Germany and England, (University of Copenhagen Thesis, March 1, 2013).
Friday, April 28, 2017
Roy Moore Announces Run For U.S. Senate Seat From Alabama
Monday, May 06, 2019
Recent Articles of Interest
- Noa Ben-Asher & Margot J. Pollans, The Right Family, (Columbia Journal of Gender and Law, Forthcoming).
- Cathi Choi, Protection Against Good Intentions: The Catholic Role in the Campaign to Ban Proxy Adoption, 1956–1961, (Journal of Policy History, 31(2), 242-272 (2019).
- James J. Friedberg, Yitz and Ishmael: A Drama in One Very Long Act, (Minnesota Journal of International Law, Vol. 28, 2019).
- Khaled A. Beydoun & Cyra Akila Choudhury, Islamophobia and the Law: Introduction, (Cyra Akila Choudhury & Khaled A. Beydoun, Islamophobia and the Law (Cambridge University Press 2019), Forthcoming).
- Zehra Valencia, Breyon Williams & Robert Pettis, Pride and Prejudice: Same-Sex Marriage Legalization Announcements and LGBT Hate-Crimes, (March 26, 2019).
- Katherine Macfarlane, Procedural Animus, (Alabama Law Review, Vol. 71, Forthcoming).
- Siti Ibrahim, et. al., Commitment in Waqf Development Through Cross-Sector Collaboration between Islamic Financial Institutions and State Islamic Religious Councils: Innovative Strategy of Value-Based Intermediation for Sustainability, (J. Fin. Bank. Review 4 (1) 29–35 (2019)).
- Wedding Cakes, Religion, and Sexual Orientation Discrimination. Foreword by Paul M. Secunda; contributions by William D. Araiza, Scott R. Bauries, Richard Carlson, Marcia L. McCormick, Elizabeth Sepper, Jessica L. Roberts, Kerri Lynn Stone. 19 Marquette Benefits & Social Welfare Law Review 109-264 (2018).
Monday, August 07, 2023
Recent Articles of Interest
From SSRN:
- Asma Uddin, Religious Liberty Interest Convergence, (William & Mary Law Review, Vol. 64, No. 1, 2022-2023).
- Nathon B. Oman, 'A Welding Link of Some Kind': A Minimalist Theology of Same-Sex Marriage Sealings, (in Nathan B. Oman, Law and the Restoration: Law and Latter-day Saint History, Thought, and Scripture (Salt Lake City, Utah: Kofford Books, Forthcoming)).
- Aaron Tang, Lessons From Lawrence: How "History" Gave Us Dobbs—And How History Can Help Overrule It, (133 Yale L.J. Forum ___ (forthcoming 2023)).
- Daffa Rizqi Prayudya & Solahuddin Al-Ayubi, Islamic Central Bank Digital Currency (CBDC) Design, (Al-Infaq: Jurnal Ekonomi Islam (2023).
- Milena Kojić, Markus Vogl, Petar Mitić & Aida Hanić, Nonlinear Dynamics of Islamic Fixed Income Securities: Evidence from Generalized Chaos Analysis Framework, (June 30, 2023).
Friday, February 03, 2012
9th Circuit Orders Recordings Of Proposition 8 Trial To Remain Under Seal
the district court failed to appreciate the nature of the statements that the trial judge had made to the litigants, the specific factual and legal context in which he made them, and the consequences of his having done so. The integrity of our judicial system depends in no small part on the ability of litigants and members of the public to rely on a judge’s word. The record compels the finding that the trial judge’s representations to the parties were solemn commitments. Upon this record, there is only one plausible application of the standard for sealing a record that is, arguendo, subject to the common-law right of public access: the interest in preserving the sanctity of the judicial process is a compelling reason to override the presumption in favor of the recording’s release.AP reports on the decision.
Monday, December 27, 2010
Top Ten 2010 Religious Liberty/ Church-State Developments
- (1) Ground Zero Mosque becomes national political issue while opponents of Tennessee mosque argue that Islam is not entitled to protection as a religion.
- (2) California federal district court invalidates Proposition 8, the California initiative that bars same-sex marriage.
- (3) Oklahoma voters approve anti-Shariah state constitutional amendment; court enjoins certification of results.
- (4) France bans wearing of burqa in public.
- (5) Leaders of women's Catholic religious orders split with bishops over health care reform proposals.
- (6) Florida church creates international furor by proposing "Burn a Qur'an Day" for 9-11 anniversary. Eventually event is cancelled.
- (7) Military chaplains oppose repeal of Don't Ask Don't Tell.
- (8) Supreme Court upholds Hastings College of Law policy of requiring student religious groups to accept anyone as member in Christian Legal Society v. Martinez.
- (9) Federal district court declares that federal statute designating National Day of Prayer is unconstitutional.
- (10) 9th Circuit upholds pledge of allegiance, and "in God We Trust" on coins and currency, against Establishment Clause challenges.
Tuesday, January 24, 2012
Minnesota Appeals Court Remands Challenge To State Defense of Marriage Act
Tuesday, May 30, 2023
Ministerial Exception and RFRA Defenses Rejected in Suit Over Firing of Bible Translation Company IT Employee
In Ratlliff v. Wycliffe Associates, Inc., (MD FL, May 26, 2023), a Florida federal district court refused to dismiss a Title VII employment discrimination suit brought against a Bible translation company by a software developer who was fired after the company learned that he had entered a same-sex marriage. The court rejected defendant's reliance on RFRA, concluding that "s RFRA does not apply to lawsuits in which the government is not a party." It rejected defendant's "ministerial exception" defense, saying in part:
... Plaintiff does not qualify as a minister.
... Plaintiff was seemingly hired for his technological aptitude.... Accordingly, Plaintiff’s role was to employ his knowledge to develop software, not to act as a source of religious conveyance.... While the software’s purpose may have been to translate the Bible, Plaintiff himself was not doing so.... Further, Plaintiff’s direct interactions involved other software and database developers—not the individuals seeking out Defendant’s mission....
... [A]t bottom here, Plaintiff is a software developer, with no idiosyncratic religious title, background, education, or function.....
Thursday, June 26, 2014
9th Circuit Denies En Banc Review On Strict Scrutiny For Sexual Orientation Classifications
This case ... came to our court in the posture of an appeal from a simple juror selection ruling during trial. Sadly, it has morphed into a constitutional essay about equal protection and sexual orientation.... The opinion’s unprecedented application of heightened scrutiny to a peremptory strike of a juror who was perceived to be gay bears significant implications for the same-sex marriage debate and for other laws that may give rise to distinctions based on sexual orientation.
Indeed, today’s opinion is the only appellate decision since United States v. Windsor ... to hold that lower courts are “required by Windsor to apply heightened scrutiny to classifications based on sexual orientation for purposes of equal protection.” ... Such holding is wrong, egregiously so. Because of the danger that district courts will be misled by the opinion’s sweeping misinterpretation of Windsor, it is most unfortunate that we denied rehearing en banc.SCOTUS Blog has more on the decision.
Thursday, September 01, 2022
Church Autonomy Doctrine Bars Catholic High School Teacher's Suit Against Archdiocese
In Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., (IN Sup. Ct., Aug. 31, 2022), the Indiana Supreme Court held that the church autonomy doctrine bars a suit by a former Catholic school teacher against the Catholic Archdiocese for interfering with his employment contract with a Catholic high school. The suit alleges that the Archdiocese pressured the school to fire plaintiff because he had entered a same-sex marriage. Citing a 2003 decision, the court said in part:
[U]nder the church-autonomy doctrine a civil court may not (1) penalize via tort law (2) a communication or coordination among church officials or members (3) on a matter of internal church policy or administration that (4) does not culminate in a criminal act.
Becket issued a press release announcing the decision.
Monday, June 13, 2022
Recent Articles of Interest
From SSRN:
- Katharine Young, Book Review: Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, (Journal of Legal Education Vol. 70, No. 1 (Fall 2020)).
- Mingyu Jun, The Best Interests of Children Overlooked: Should Faith Based Agencies Be Forced Out?, (CSLR Research Paper No. 2.2022-ESS (2022)).
- Abdullahi Ahmed An-Na'im, Autobiographical Reflections, (Emory International Law Review 36, No. 4 (2022)).
- Alexis Ahlzadeh, Prisoner’s Religious Exercise Rights (or Lack Thereof) under RLUIPA: The Search for a Workable Standard, (CSLR Research Paper No. 2.2021-ESS (2021).
- Silas W. Allard, A Constellation of Foundings: Chae Chan Ping, Chinese Exclusion, and the Making of America, (CSLR Research Paper No. 9.2022-AFF (2022).
- Franciszek Longchamps de Berier & Rafael Domingo Osle, Introduction to Law and Christianity in Poland: The Legacy of the Great Jurists, (May 29, 2022).
- Samuel Weaver, Protecting Unbelief: Restoring Section Five of Kentucky's Constitution, (Kentucky Law Journal, Vol. 110, No. 1, 2021).
- Mustapha Abdullah Kuyateh, Assessing the Relevance of a Muslim Family in the Modern Environment: A Review, (June 2, 2022).
From SSRN (Abortion Rights):
- Ellis Adler, The Alabama Human Life Protection Act: A Jewish Law Perspective, (CSLR Research Paper No. 1.2021-ESS (2021).)
- Henry (Hank) T. Greely, The Death of Roe and the Future of Ex Vivo Embryos, (J. Law & Biosciences, 9(1) (Forthcoming summer 2022)).
- Benjamin Davis, Sanctimonious Barbarity: The Forced Pregnancy Alito Draft, (May 23, 2022).
- Greer Donley & Jill Wieber Lens, Abortion, Pregnancy Loss, & Subjective Fetal Personhood, (Vanderbilt Law Review, Vol. 75, Forthcoming).
From SSRN (International Human Rights):
- Aditi Mohapatra, Nabanita Pattanayak & Pallavi Panda, Loving Without Boundaries: The Struggle For Same-Sex Marriage Equality On An International Level, (Indian Journal of Law and Legal Research, Volume IV Issue II (2022)).
- Juan Pablo Perez Leon Acevedo & Thiago Felipe Alves Pinto, Disentangling Law and Religion in the Rohingya Case at the International Criminal Court, ((2021) 39:4 Nordic Journal of Human Rights 458-480).
- Shadrack Bentil, Soft Violence: Wicked Hurdles Driving Systemic Discrimination Against Rohingya Children in Myanmar?, (June 1, 2022).
- Stephen A. Rosenbaum, 'Legal Capacity' Under the UN Convention on the Rights of Persons with Disabilities: In Support of Supported Decision-Making, (Forthcoming, 3 Islamic Studies on Human Rights & Democracy _ (2022)).
- Rosalind Dixon, Strong Courts: Judicial Statecraft in Aid of Constitutional Change, 59 Columbia Journal of Transnational Law 298-363 (2021).
- Jonathan K. Van Patten, The Trial of John Scopes, 66 South Dakota Law Review 273-337 (2021).