Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, March 28, 2008
Indy Star Employees Lose Religious Discrimination Claims
Wilders' Anti-Quran Video Is Posted On Video Hosting Website
LiveLeak also posted its own statement explaining its decision to host the video on free speech grounds. It invited opponents to respond and promised equal exposure for the responses so long as they comply with law and LiveLeak rules. It has already posted, along with the Wilders' video, one from Radio Netherlands Worldwide giving a counter view. It is titled "About Fitna, the Netherlands and Wilders." Arsalan Iftikhar, a contributor to Islamica Magazine, said he doubted that the Wilders' video would trigger violence. However the U.S. Department of Homeland Security and the FBI, as well as European officials, have warned that the video's release could spark protests. (See prior related posting.)
UPDATE: Reuters this morning reports that Dutch Muslim organizations have reacted with restraint to the Wilders video. They have appealed for calm and plan to open mosques to the public today in a move to reduce tensions. Yesterday Prime Minister Jan Peter Balkenende spoke live on television in both Dutch and English saying that he rejected Wilders' views. The Washington Times quotes Leiden University Professor Maurits Berger who said that the video was not as shocking as expected. It did not show a page being torn from the Quran-- but only the sound of a phone book page being torn with a suggestion that Muslims themselves should tear out hateful pages from the Quran.
Thursday, March 27, 2008
Florida Senate Committee Approves Bill Allowing Anti-Evolution Theories In Class
9th Circuit Upholds 10 Commandments Display
Judge Fernandez, agreeing that the result was controlled by Van Orden, concurred in a short, but interesting, opinion that reads in part:this monument bears a prominent inscription showing that it was donated to the City by a private organization. As in Van Orden, this serves to send a message to viewers that, while the monument sits on public land, it did not sprout from the minds of City officials and was not funded from City coffers.
Reuters yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]I applaud Judge Wardlaw’s scholarly and heroic attempt to create a new world of useful principle out of the Supreme Court’s dark materials. Alas, even my redoubtable colleague cannot accomplish that. The still stalking Lemon test and the other tests and factors, which have floated to the top of this chaotic ocean from time to time in order to answer specific questions, are so indefinite and unhelpful that Establishment Clause jurisprudence has not become more fathomable. Would that courts required neutrality in the area of religion and nothing more or less.
Floridians Will Vote On Repeal of Blaine Amendment In November
It also would add the following sentence: "Individuals or entities may not be barred from participating in public programs because of religion." The proposed amendment is fueled by a 2004 Florida appellate court decision that relied on the"no aid" clause to strike down a state voucher program for parents of children in failing schools known as the Opportunity Scholarship Program.No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.
The Taxation and Budget Reform Commission postponed action on a second proposed constitutional amendment that would permit the creation of voucher programs despite the state constitution's provision requiring a uniform system of free public schools. That provision was relied upon by Florida's Supreme Court in 2006 to strike down the state's Opportunity Scholarship Program without reaching the "no aid" question. (See prior related posting.)
California Court Grants Rehearing In Home School Case
UPDATE: In an expanded order, the Second District Court of Appeals has asked the California Superintendent of Public Instruction, the State Board of Education, the Los Angeles school district, the California Teachers Association and the Los Angeles teachers' union to all express their opinions on homeschooling as the court reconsiders its decision. (World Net Daily, 3/27).
British Prime Minister Backs Off Proposed Repeal of Act of Settlement
Texas Board of Education Poised To Adopt Bible Course Curriculum Standards
The new standards implement 2007 legislation authorizing such courses. (See prior posting.) Critics however say the Board of Education's proposals are similar to those in place before the new law under which a number of Texas districts were already offering Bible courses. They say guidelines should focus more on First Amendment concerns. SMU professor Mark Chancey found that 22 out of 25 Bible courses offered in Texas public schools in 2005-2006 likely violated the First Amendment based on criteria in various federal court rulings.
UPDATE: On Friday, by a vote of 13-2, the Texas State Board of Education approved the guidelines for high school Bible courses. However it put off adopting more specific curriculum content requirements until the Texas Attorney General rules whether the courses must be offered by all high schools. (Dallas Morning News.)
Court Says Dissident Church's Property Belongs To Long Island Episcopal Diocese
Court Rejects First Amendment Defense To Title VII and Defamation Claims
After Ogugua was transferred, the archbishop sent an e-mail to parishioners stating that Ogugua was reassigned due to "serious concerns" that arose. The court here also rejected a First Amendment defense and permitted Ogugua to proceed with his defamation claim against all the defendants. Nothing in the e-mail indicated that the concerns with which Ogugua was charged were ecclesiastical in nature.
Wednesday, March 26, 2008
Home Schooling Among Muslim Families Is Growing, But Controversial
Court Upholds Reprimand of Pharmacist Who Refused To Fill Prescription
Saudi's King Abdullah Wants Interfaith Dialogue
9th Circuit Holds Segregated Inmates Must Still Get Access To Religious Services
Dali Lama's Threat Could Separate Religion and State In Tibet
Clinton Says Obama Should Have Left His Church Over Pastor's Remarks
Algeria Closes Protestant Churches That Lack Permits
Tuesday, March 25, 2008
Muslim NYPD Officer's Discrimination Suit Survives Dismissal Motion
The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)
The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.
Saudis, Germany Try New Approaches To Encourage Development of Moderate Islam
Meanwhile, Reuters reported yesterday that in the German states of North Rhine Westphalia and Hamburg, officials are using a new comic strip to encourage young people to adopt a moderate mainstream version of Islam. A new comic adventure, distributed to every secondary school in North Rhine Westphalia, features schoolboy hero Andi. In it, his girlfriend Ayshe and her brother Murat fall under the influence of a radical friend and an Islamic extremist preaching hate. This is part of a broader attempt to use pop culture figures to prevent young people from being drawn into radical Islamist groups.
British Teachers Union Proposes Single System of Multi-Faith Schools
The plan was developed after research indicated that faith schools were creating social, ethnic and religious segregation. Opposition to the proposal immediately surfaced from Conservative Party MP's, secularists and the Church of England. Muslim and Jewish spokesmen had a mixed response.