Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, September 17, 2007
Reward Offered For Assassination of Artist Who Drew Offensive Muhammad Cartoon
Sunday, September 16, 2007
Recent Prisoner Free Exercise Cases-- District, Circuit and State Decisions
In Travillion v. Coffee, (3d Cir., Sept. 12, 2007), the U.S. 3rd Circuit Court of Appeals rejected Establishment Clause and Equal Protection challenges to actions of the food service contractor for the Allegheny County (PA) jail. During the 2004 Lenten season, it served vegetarian meals to all inmates, regardless of their religious affiliation.
In Williams v. Thurmer, 2007 U.S. Dist. LEXIS 65628 (ED WI, Aug. 27, 2007), a Wisconsin federal district court held that plaintiff stated a claim under the Free Exercise clause and RLUIPA when he alleged that prison officials prevented him from obtaining the Quran and other religious material and from cleaning himself prior to praying. He also adequately stated an Equal Protection claim, alleging that Christian inmates could possess Bibles while he was not permitted to possess a copy of the Quran.
In Messere v. Dennehy, 2007 U.S. Dist. LEXIS 65529, (Aug. 8, 2007), magistrate's report adopted, 2007 U.S. Dist. LEXIS 65442 (D MA, Aug. 30, 2007), a Massachusetts federal district court denied defendant's motion to dismiss a suit brought against her by a prisoner who was denied transfer to a lower security prison because he refused to attend religious-based AA/ NA programs.
In McGowan v. Cantrell, 2007 U.S. Dist. LEXIS 64534 (ED TN, Aug. 30, 2007), as part of a case asserting a series of claims, a prisoner alleged that his Free Exercise rights were violated when prison authorities took his Bibles, Bible Dictionary, and Bible Concordance away from him for one day. The court concluded that plaintiff had not demonstrated that he was denied a reasonable opportunity to practice his religion.In Williams v. Fleming, 2007 U.S. Dist. LEXIS 67738 (WD VA, Sept. 13, 2007), plaintiff complained that prison authorities improperly interfered with his religiously motivated attempt to fast for 40 days. The court held that there are valid penological interests for prohibiting an inmate from fasting for that period of time. It also rejected his claims that officials retaliated against him because of his exercise of his religious beliefs.
In Andersen v. Griffin, (CA 4th Dist. Ct. App., Sept. 13, 2007), a California appellate court rejected a claim by an inmate held in protective custody that the Establishment Clause was violated by a correctional program coordinator who frequently tuned the television set watched by inmates to a religious channel that promoted a single religion. Plaintiff asserted that this amounted to promoting a specific religion to the inmate population.
Another Interesting Installment In the Mt. Soledad Cross Litigation
In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 67766 (SD CA, Sept. 13, 2007), the California federal district court quashed the subpoena and issued a protective order to LiMandri. It held that questioning LiMandri would intrude into matters protected by the "speech or debate" clause and would "produce a harmful chilling effect on the right of federal legislators to gather information and consult with paid or non-paid advisors with regard to prospective legislative activities and decisions."
A second ground for quashing the subpoena is perhaps the most interesting. The court said that the Lemon test for determining whether there has been an Establishment Clause violation looks at whether an informed objective observer would perceive that the government has endorsed religion by its challenged action. However, "Mr. LiMandri does not fit the mold of an objective observer. Any testimony Mr. LiMandri may therefore have regarding his observations of the memorial are unhelpful and irrelevant to the Lemon test's effect prong." Finally the court relied on the attorney-client privilege as well as a basis for its conclusion that LiMandri should not be forced to testify.
D.C. Church's Meeting Held Invalid, Negating Vote To Oust Pastor
D.C. Circuit Hears Arguements on Application of RFRA to Guantanamo
Religious Schools In Britain Are Focus of Government Policies
Meanwhile, Britain's Department for Children, Schools and Families last week released a document titled Faith in the System. The document, a joint statement with Christian, Hindu, Jewish, Muslim and Sikh supporters of faith schools, seeks to increase understanding of the role of publicly-funded schools with a religious character.
Saturday, September 15, 2007
7th Circuit Rejects Free Exercise Challenge To O'Hare Airport Expansion
The Court found that no free exercise violation occurred when the Illinois legislature amended the state’s Religious Freedom Restoration Act to exclude from its provisions Chicago’s actions in relocating cemeteries or graves as part of carrying out the O’Hare expansion. The amendment was found both to be a neutral law of general applicability and to meet the strict scrutiny test. The Court also rejected challenges under the Equal Protection Clause and RLUIPA.
Judge Ripple, dissented, saying:
I believe that the amendments to the Illinois Religious Freedom Restoration Act … made in the O’Hare Modernization Act … violate the Free Exercise Clause, and, for that reason, must be subject to strict scrutiny. I further believe that there remain factual questions regarding whether the City of Chicago … has shown that the proposed modernization and expansion plan of O’Hare Airport is narrowly tailored to meet the compelling interest the City claims. These factual issues render dismissal inappropriate at this stage in the litigation.Chicago Business and the Wayne (IL) Republican both report on the decision. (Also see prior posting.)
State Department's 2007 Report On International Religious Freedom Released
In answer to a question about religious freedom in Iraq, Hanford said:
what we're dealing with in Iraq is really a security situation that makes it difficult for religious practice to occur in a normal way. The constitution of the new Iraqi Government actually provides rather robust guarantees, and this is something we're very pleased to see because it's a very good constitution for that region of the world. But religious minorities are vulnerable, sometimes due to their small numbers and lack of organization. For the most part, people are getting caught in the crossfire. In the case of these minorities, though, there have been cases where it's clear that certain groups have been targeted.
The real problem that we're dealing with is that with the sectarian violence, not necessarily focused upon religious practice, that at the same time religious practice winds up being affected.
Ohio Supreme Court Asked To Rule On Religious Evidence In Support Proceeding
Cert. Filed In Faith-Based "Teen Ranch" Case
Hebrew Curriculum Finally OK'd For Florida Charter School
Presidential Greetings On Beginning of Ramadan
Ohio Inspector General Reports On Governor's Faith-Based Office
India's Archeological Agency Creates Religious Stir In Supreme Court Affidavit
Defending the project in the court challenge against it, ASI’s affidavit said that the shoals were the result of "several millennia of wave action and sedimentation" and "the issue cannot be viewed solely relying on the contents of mythological text." It added that there is no historical evidence to prove the "existence of the characters or occurrence of events" in Ramayana (the epic tale of Rama). Quickly, a leader of the Hindu BJP party charged that the language in the affidavit was "an insult to millions of Hindus all over the world."
By Saturday the government had agreed to withdraw the controversial parts of the ASI affidavit. Culture Minister Ambika Soni suspended two officials over the matter and offered her own resignation. Meanwhile BJP leader L.K. Advani said the affidavit amounts to blasphemy that is punishable under Sec. 295 of the Indian Penal Code as a defilement that insults the Hindu religion.
"Equal Access" For High School Groups Under Federal Law Interpreted
Wednesday, September 12, 2007
Survey Shows Some Surprising Views on Religion and the Constitution
Presidential Greetings On Rosh Hashanah That Begins Tonight
6th Circuit Rejects Challenge To Admission Of Religious Journal Entries Into Evidence
The court rejected Varner's argument that Michigan's clergy-penitent privilege law "improperly favors religions that encourage their members to seek guidance through intermediaries, such as a pastor or priest, over faiths that have no such tradition." It also held that the limitation of the privilege to communications addressed to a spiritual counselor did not restrict Varner's ability to practice her religion. The court held that "Michigan's privilege rules do not discriminate between denominations but distinguish between the methods of communication that the individual--any individual of any faith or no faith--chooses to pursue."