Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, September 20, 2007
One 10 Commandments Display Stays, Another Goes, In Kentucky
Yesterday's Lexington Herald-Leader reported on the decision, and also reported that in a September 5 decision, the same judge found that a Ten Commandments display inthe Garrard County courthouse was unconstitutional. The Ten Commanments were displayed along with other documents linking government and religion. The court found that in this case, "a reasonable person would conclude that the county's display has the effect of endorsing religion."
Third Circuit Finds JCC Entitled To Title VII Religious Exemption
Judge Rendell, dissenting, argued that "Congress understood § 702(a) to cover only those entities that, unlike the LJCC, are controlled by a religious sect." He said that the majority's approach places the court in the position of analyzing the activities of religiously inclined organizations to determine which are religiously meaningful.
The court unanimously rejected a retaliation claim by the plaintiff, crediting instead the JCC's explanation that LeBoon was terminated because of the financial problems the JCC was experiencing.
Ontario Catholic Schools Debate HPV Vaccine Program
Wednesday, September 19, 2007
DC Court Orders Members of Congress To Produce Documents On Mt. Soledad Law
The court held that "each category of documents requested has the potential to shed light on at least one of the three Lemon prongs. Foremost among these is legislative purpose." Responding to defendants' claim that production of the documents are shielded by the Constitution's "speech or debate" clause, the court said:
The court left it in part to the defendants to decide which documents must be produced under the principles announced in the court's decision. Today's New York Sun reports on the decision.The Members are correct that... informal information gathering in connection with or in aid of a legitimate legislative act is itself protected by the Speech or Debate Clause. Such information gathering may take the form of communications with organizations, constituents, or officials of a coordinate branch. The Members are likewise correct that the Clause prohibits inquiry into an individual legislator's motives for engaging in particular legislative acts. At the same time, JWV is correct that accepting the Members' position on these points does not necessarily shield from production all documents responsive to specifications 3, 5, 7 and 9. Documents that reflect a Member's efforts to persuade Executive Branch officials to use existing statutory authority, for example, must be produced, as must documents that reflect legislative purpose, rather than the motives of individual legislators.
Soldier Sues Army Claiming Religious Discrimination
(MRFF) and U.S. Army Specialist Jeremy Hall have filed a lawsuit against Defense Secretary Robert Gates and Major Paul Welborne in U.S. District Court in Kansas City, Kansas citing a pattern of military practices that discriminate against non-Christians in the military. The lawsuit also cites overt government support of private civilian religious organizations and activities.The International Herald Tribune has also published a report on the lawsuit.
... In August of this year, Specialist Hall, after receiving permission from a chaplain at Contingency Operations Base Speicher, Iraq, posted flyers around his base announcing a meeting of atheists and other non-Christians.... Army Major Paul Welborne disrupted the meeting and threatened to retaliate against Hall by charging him with violating the Uniform Code of Military Justice and vowed to block Hall's reenlistment in the Army because of Hall’s role in organizing the meeting, a violation of Hall's First Amendment rights under the Constitution.
The complaint charges that Hall, who is based at Ft. Riley, Kansas, has been forced to "submit to a religious test as a qualification to his post as a soldier in the United States Army," a violation of Article VI, Clause 3 of the Constitution.
Methodist Pavillion Loses Tax Exemption For Refusing To Host Civil Unions
Nebraska State Senator Sues God To Protest Frivolous Lawsuits
UPDATE: On Thursday, the Christian Post reported that a one page document mysteriously appeared on the counter in the clerk's office at the Douglas County Court House. Captioned a "Special Appearance", it argues that Chambers' lawsuit should be dismissed because there was not proper service of a summons on defendant.
Paper Profiles Bush's Orthodox Jewish Attorney General Nominee
Turkey's Prime Minister Wants To Permit Headscarves To Be Worn At Universities
Tuesday, September 18, 2007
Mukasey Decided Few Religion Cases As Judge
In three cases, Mukasey denied prisoner free exercise claims: Robinson v. Scully, 1990 U.S. Dist. LEXIS 3632 (SDNY, 1990) (removal of prisoner's kufi during search); Prins v. Coughlin, 1995 U.S. Dist. LEXIS 8673 (SDNY, 1995) (Jewish prisoner protests lack of hot kosher food); Salahuddin v. Mead, 2000 U.S. Dist. LEXIS 3932 (SDNY, 2000) (Muslim prisoner denied access to chaplain during prison work program hours).
Candidates' Religious Views Continue As An Issue Among Christian Conservatives
Meanwhile, the Florence (AL) Times Daily says that Fred Thompson's performance on the campaign trail is causing concern among conservative Christian voters. Thompson has said that he does not belong to a church in his home community in Virginia and does not attend church regularly. He says he attends services when he visits his mother in Tennessee. He also has declared that he will not talk about religion in his campaign.
Pope Comments On Church-State Relations
Speaking about the broad question of Church-state relations in a democratic society, Pope Benedict said that the faith "serves all of society by shedding light on the foundation of morality and ethics, and by purifying reason, ensuring that it remains open to the consideration of ultimate truths and draws upon wisdom." In making that contribution, he said, the Church does not threaten the proper authority of the state, but "keeps public debate rational, honest and accountable."Zenit reprints additional portions of his remarks.
South Korea To Permit Alternative Service For Conscientious Objectors
California City To Consider Return of Creche To Public Property
No Religious Discrimination In Denial Based On Religious Arguments
Monday, September 17, 2007
Creationism Group Using Copyright Law To Silence Critics On YouTube
California Supreme Court To Hear Episcopal Church Dispute
New Articles, Books and DVD's of Interest
- John Mikhail, The Free Exercise of Religion: An American Perspective, (chapter in Matthias Mahlmann and Hubert Rottleuthner, eds., Ein neur Kampf der Religionen? Staat, Recht und religiose Toleranz (2007)).
- Haider Ala Hamoudi, The Muezzin's Call and the Dow Jones Bell: On the Necessity of Realism in the Study of Islamic Law, (American Journal of Comparative Law, Vol. 56, No. 2, 2008).
- Margaret F. Brinig, Children's Beliefs and Family Law, (Notre Dame Law School Legal Studies Research Paper Series, Sept. 11, 2007, Forthcoming).
- Martha Minow, Should Religious Groups Be Exempt from Civil Rights Laws?, (Boston College Law Review, Forthcoming).
- Martha Minow, Tolerance in an Age of Terror, (Southern California Interdisciplinary Law Journal, Vol. 16, No. 3, 2007).
From SmartCILP:
- Roger W. Bowen, Exploring the Role of Religion, 53 Loyola Law Review 157-163 (2007).
- Catholicism and the Court: The Relevance of Faith Traditions to Jurisprudence. Keynote address by Hon. Diarmuid O'Scannlain; panel articles by Margaret O'Brien Steinfels, Michael J. Gerhardt, Sheldon Goldman, Edward A. Hartnett, Brian Z. Tamanaha, Sanford Levinson, Robert F. Cochran, Jr., Scott C. Idleman and Hon. Joan B. Gottschall. 4 University of St. Thomas Law Journal 157-341 (2006).
Vol. XXII, No.2 of the Journal of Law and Religion (2006-07) has recently been published.
Recent Books:
- Stephen Bates, God's Own Country: Tales from the Bible Belt, (Hodder & Stoughton, July 2007), reviewed by The Guardian.
- Mark Lilla, The Stillborn God: Religion, Politics and the Modern West, (Alfred A. Knopf, 2007), reviewed by the Wall Street Journal and the New York Times.
New DVD:
- Baptist Center for Ethics, Golden-Rule Politics: Reclaiming the Rightful Role of Faith in Politics, (2007), reviewed by The Tennessean.