Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, February 08, 2006
Health Inspectors Did Not Infringe Religious School's Free Exercise Rights
Muslim Prisoner's Free Exercise and Establishment Clause Claims Rejected
Georgia Tax Exemption For Bibles Violates Establishment Clause
UPDATE: The opinion in the case, Budlong v. Graham, is now available online. [Thanks to How Appealing.]
Tuesday, February 07, 2006
Eminent Domain Taking Violates Establishment Clause
Court Asks For More Briefs On Whether RFRA Applies In GTMO
Utah Bill Narrowing Peyote Exemption Moves Forward
Department of Agriculture Proposal Said To Violate Free Exercise Rights
Recent Scholarly Publications
From SSRN: Abner Greene (Fordham Law School), The Apparent Consistency of Religion Clause Doctrine (forthcoming in Washington University Journal of Law & Policy).
From SmartCILP: Sheila Suess Kennedy & Leda McIntyre Hall, What Separation of Church and State? Constitutional Competence and the Bush Faith-Based Initiative, 5 Journal of Law In Society (Wayne State Univ.) 389-408 (2004).
Elgin Illinois Church Loses Zoning Permit Case
Monday, February 06, 2006
U.S., Britain Decry Violent Cartoon Responses; Iran Paper Creates New Challenge
Q: Scott, Iran has announced it's cutting off trade ties with Denmark over this cartoon of the prophet Mohammed. Does this worry you at all, that this sort of thing is happening?In Britain, Prime Minister Tony Blair today issued the following statement:
MR. McCLELLAN: Well, I haven't seen what the regime in Iran has said. I think we've made our views very clear when it comes to the regime. But in terms of the issue relating to the cartoons, we have spoken out about this very issue. We condemn the acts of violence that have taken place. There simply is no justification to engage in violence. We call for constructive and peaceful dialogue based on respect for all religious faiths. Those who disagree with the views have the right to express their views, but they should do so in a peaceful manner. And we urge all governments to take steps to lower tensions and prevent violence, including against diplomatic premises, businesses and individuals.
And let me just make a couple other important comments. We have talked about the need for tolerance and respect for people of all communities and of all faiths. And that's important for everyone to heed. We have also said that we understand fully why Muslims find the cartoons offensive, and we have spoken out about that. In a free society, people have the right to express their views, even when they are offensive and wrong. We support and respect the freedom of press, but there are also important responsibilities that come with that freedom. And that's why we continue to urge tolerant respect for people of all faiths.
We also urge all those who are criticizing or critical of the cartoons to forcefully speak out against all forms of hateful speech, including cartoons and articles that frequently have appeared in the Arab world espousing anti-Semitic and anti-Christian views. So I think those are the points that we would emphasize when it comes to this very issue.
Meanwhile, an Iranian newspaper responded by launching a contest to find the 12 "best" cartoons about the Holocaust, according to today's Jerusalem Post. Farid Mortazavi, graphics editor for Tehran's Hamshahri newspaper, said that this would test how committed Europeans really are to the concept freedom of expression.We understand the offence caused by the cartoons depicting the prophet and of course regret that this has happened. Such things help no one
It is always sensible for freedom of expression to be exercised with respect for religious belief. But nothing can justify the violence aimed at European embassies or at the country of Denmark.
We and our EU partners stand in full solidarity with them in resisting this violence and believe the Danish government has done everything it reasonably can to handle a very difficult situation. The attacks on the citizens of Denmark and the people of other European countries are completely unacceptable as is the behaviour of some of the demonstrators in London over the last few days.
The police should have our full support in any actions they may wish to take in respect of any breaches of the law, though again we understand the difficult situation they had to manage. We also strongly welcome the statements of Muslim leaders here who are themselves tackling the extremists who abuse their community's good name.
Russian Army May Move To Formal Hiring of Orthodox Chaplains
There are currently 2,500 officers in the military who are responsible for morale. Sergei Melkov, a consultant on military issues to the Muslim Council of Muftis, which also has a cooperation agreement with the Russian military, suggested that "Giving priests the status of chaplains would look like acknowledging that these officers have been failing at their jobs." Oleg Askalenok, head of a Protestant umbrella group, the Russian Military Christian Union, said the Orthodox Church was preventing other denominations, including Protestants, from preaching in the military by calling them cults.
Arkansas Supreme Court Dismisses Imam's Suit
Government Asks For Dismissal of Suit Against Air Force Academy
Hindu Festival Challenged In Indian Supreme Court
The suit follows calls last month by ANHAD for the Indian government to ban the upcoming Shabri Kumbh, scheduled to begin February 11. (DNA India report.) ANHAD claims the festival will be used to convert tribal members to Hinduism. Many of the tribal people who have followed their own tribal religion, have been converted to Christianity. Right wing Hindus claim the conversions were obtained through improper use of gifts to the individuals. The festival is being organized by the right-wing Hindu Rashtriya Swyamsevak Sangh (RSS), which has ties with the country's main opposition party, the Bharatiya Janata. Extensive additional background on the controversy is in a Jan. 6 article in Rediff India Abroad.
Sunday, February 05, 2006
Circumcision As A Protected Religious Practice
Freedom of Press?-- US, Jordan and South Africa React Differently On Cartoon Controversy
MR. MCCORMACK: For us, freedom of expression is at the core of our democracy and it is something that we have shed blood and treasure around the world to defend and we will continue to do so. That said, there are other aspects to democracy, our democracy -- democracies around the world -- and that is to promote understanding, to promote respect for minority rights, to try to appreciate the differences that may exist among us....
[W]e believe that it is an important principle that peoples around the world encourage dialogue, not violence; dialogue, not misunderstanding and that when you see an image that is offensive to another particular group, to speak out against that. Anti-Muslim images are as unacceptable as anti-Semitic images, as anti-Christian images or any other religious belief. We have to remember and respect the deeply held beliefs of those who have different beliefs from us. But it is important that we also support the rights of individuals to express their freely held views....
QUESTION: When you say "unacceptable," it applies some sort of action against the people who perpetrate those images.
MR. MCCORMACK: No. I think I made it very clear that our defense of freedom of expression and the ability of individuals and media organizations to engage in free expression is forthright and it is strong, you know. This is -- our First Amendment rights, the freedom of expression, are some of the most strongly held and dearly held views that we have here in America. And certainly nothing that I said, I would hope, would imply any diminution of that support....
QUESTION: Do you caution America media against publishing those cartoons?
MR. MCCORMACK: That's for you and your editors to decide, and that's not for the government. We don't own the printing presses.... [W]e, as a Government, have made our views known on the question of these images. We find them offensive. We understand why others may find them offensive. We have urged tolerance and understanding. That -- all of that said, the media organizations are going to have to make their own decisions concerning what is printed... [I]t's not for the U.S. Government to dictate what is printed.
The BBC yesterday reported that in Jordan, two newspapers-- Shihan and al-Mehwar-- became the first in the Arab world to reprint some the cartoons. Their editors were promptly arrested and accused of insulting religion under Jordan's press and publications law. Jihad Momani, editor of Shihan, was also fired by his newspaper, which withdrew copies of the paper from newsstands. Momani had published three of the cartoons along with an editorial questioning whether the reaction in the Muslim world was justified. He later issued an apology.
In South Africa, where only one paper has published one of the cartoons so far, the Johannesburg High Court issued an order Friday night against several newspapers prohibiting them from publishing any cartoon, caricature or drawing of Muhammad. South Africa's Sunday Tribune reports that the pre-emptive order came in a suit filed by the Jamiat-ul Ulama of Transvaal.
On Saturday, protesters in Syria set fire to the Danish and Norwegian embassies (AP). On Sunday, Denmark's embassy in Lebanon was torched (AP).
For prior postings on the controversy, see 1, 2, 3 , 4 .UPDATE: On Sunday, according to Islam Online, several Muslim leaders called on the international community and the United Nations to enact international prohibitions on insulting religions and religious symbols. Meanwhile, HonestReporting.com accused Arab countries of ignoring insulting anti-Semitic and anti-Israel cartoons regularly published in their own media.
Ohio Governor On Intelligent Design
State Board of Education member Martha W. Wise, who favors removing any reference to intelligent design from the state's lesson plan, last month asked state Attorney General Jim Petro for an opinion on the legality of Ohio's guidelines and lesson plan. However Petro refused because the request did not come from the full board. Petro is campaigning in a hotly contested Republican primary for governor, and his ads have overtly used religious themes (see prior posting).
Two Senate Resolutions Passed
S. Res. 364 is titled "A Resolution Honoring the Valuable Contributions of Catholic Schools In the United States". UPDATE On Feb. 8, the House of Representatives passed a similar resolution. H.Res. 657.
S. Res. 366, among other things, designates Feb. 2-9 as a week of prayer and reflection for the people of Uganda. It expresses concern for the Ugandan victims of Joseph Kony's Lord's Resistance Army, and asks Sudan, Uganda, and the international community to bring justice and humanitarian assistance to Northern Uganda.