Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, August 09, 2006
State Judge Admonished For Infringing Muslim Woman's Rights
Tuesday, August 08, 2006
Aso Proposes Turning Shrine Into Secular Memorial
2nd Circuit Hears Arguments In Church Anti-Gay Billboard Case
Church Groups Lack Standing To Challenge Lethal Injection
Finnish Court Finds Religious Male Circumcision Illegal
Recent Prisoner Cases
In Balawajder v. Texas Dep't of Criminal Justice Institutional Division, (TX Ct. App., July 31, 2006), a Texas state appeals court reversed a trial court and decided that issues of fact remain in claims by a Hare Krishna inmate brought under the Texas Religious Freedom Restoration Act. The court held that issues remain as to whether the Department has a compelling interest in prohibiting additional storage space for religious materials, even though it allows it for legal and educational materials, and whether the it has a compelling interest to prevent the administrative burden of reviewing prisoners' eligibility for additional storage space for religious materials.
In Henderson v. Berge, (7th Cir., Aug. 3, 2006), the 7th Circuit Court of Appeals rejected a Taoist prisoner's Establishment Clause claim based on a Wisconsin prison's providing a satellite television channel broadcasting Christian programming, but not ones providing programming for other religions.
Monday, August 07, 2006
New Head Of White House Faith-Based Office Appointed
One of the few papers covering the appointment of the Indiana resident was the Indianapolis Star which said that White House officials discovered Hein when, at the suggestion of former Indiana Senator Dan Coates, they went to Hein for suggestions about other candidates for the job.Mr. Hein is the President of the Sagamore Institute for Policy Research, a national think tank he founded that specializes in community-based reforms. Mr. Hein also serves as Executive Vice President and CEO of the Foundation for American Renewal, which provides financial grants and other support to community-based organizations and educates the general public on effective compassion practices.
"Jay has long been a leading voice for compassionate conservatism and a champion of faith and community-based organizations. By joining my Administration, he will help ensure that these organizations receive a warm welcome as government's partner in serving our American neighbors in need," stated President Bush.
Mr. Hein previously was Executive Director of Civil Society Programs at the Hudson Institute. Earlier in his career, he served as a Welfare Reform Policy Assistant to the Governor of the State of Wisconsin...
Planned Katrina Memorial Creates Church-State Issues
The ACLU of Louisiana has protested. Its July 28 open letter to St. Bernard Parish President Henry Rodriguez said that either building a religiously neutral monument or moving the monument to private property would be acceptable. However the Times-Picayune article suggests that now the ACLU is arguing that even if the memorial is placed on private property, there was sufficient government involvement in authorizing it to create Establishment Clause problems.
Cardinal Says Basic British Document Supports Anti-Catholic Attitudes
Sunday, August 06, 2006
Kentucky Schools Rediscovering Old Statute
School Board Wants Private Funds To Defend Jesus Painting
Malaysia Ruling On Jurisdiction In Mixed Family Law Issue
Friday, August 04, 2006
RFRA Challenge To FAA Approval Of O'Hare Expansion Rejected
In a 2-1 decision, the majority held that the expansion plan that will impact the cemetery was developed and will be implemented by the city of Chicago. RFRA applies only to the federal government, not to state and local government action. FAA approval does not turn the city's implementation into into federal action. Judge Griffith dissenting argued that FAA approval of a plan that it screened, studied, chose and modified is enough to require the FAA to comply with RFRA.
In addition, the court the court unanimously held that it lacked jurisdiction to consider a challenge to the FAA letter expressing a nonbinding intention to obligate federal funding for O'Hare's expansion because the letter was not a final order.
The Chicago Tribune covers the court's decision. It explains that additional litigation remains. A suit now before the U.S. 7th Circuit Court of Appeals, among other things, is challenging a 2003 Illinois law that specifically exempted the cemeteries involved from the state's Religious Freedom Restoration Act. (See prior posting.)
Wiccan Veteran's Widow Asks Americans United For Help
More Anti-Conversion Legislation In India
Korean Evangelicals Sent Home From Afghanistan
Senate Hearings On Bill To Deny Attorneys' Fees In Establishment Clause Cases
FLDS Member Gets Light Sentence In Polygamous Sex Charges
Federal Court Hears Arguments On Sectarian City Council Prayer
Recently Available Prisoner Free Exercise Cases
In Andreola v. Wisconsin, 2006 U.S. Dist LEXIS 52968 (ED Wis., July 19, 2006), a Wisconsin federal district court held that federal law precludes the award of compensatory damages in RLUIPA claims by prisoners alleging merely mental or emotional injury. However the court refused to grant defendants summary judgment on a punitive damages claim. The decision came in a long-running suit in which a prisoner alleged that he was denied a kosher diet while incarcerated. In Magistrate Judge P.A. v. Miami-Dade County, 2006 U.S. Dist. LEXIS 52595 (SD Fla., May 16, 2006), a Florida federal district court similarly held that, despite 42 USC 1997e(e), nominal and punitive damages may be recovered for free exercise violations, even though there are no physical injuries from the violations.
In Martinez v. Ortiz, 2006 U.S. Dist. LEXIS 52350 (D. Colo., July 31, 2006), a Colorado federal district court permitted a Native American prisoner to proceed with a claim for injunctive relief, but not for monetary relief, in his free exercise claim stemming from limitations placed on his religious practices.
In Madison v. Kilbourne, 2006 U.S. Dist. LEXIS 52994 (WD Va., July 18, 2006), a Virginia federal district court rejected an inmate's claims that he was denied his rights under the First Amendment and RLUIPA when on one day prison authorities denied him two kosher meals.