Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, June 24, 2008
Pew Forum Issues New Report On Religious Views of Americans
Recent Prisoner Free Exercise Cases
In Harvey v. Adams County Sheriff's Office, 2008 U.S. Dist. LEXIS 46390 (D CO, June 4, 2008), a Colorado federal magistrate judge ruled that a material factual dispute exists over whether an institution's vegetarian diet met a Muslim prisoner's religious needs. He also found that defendants did not show it was reasonable to deny Muslim inmates access to the institution's kosher diet-- in the absence of available Halal food. Plaintiff's rights under the 1st Amendment, RLUIPA and the equal protection clause were not violated, however, when officials failed to provide him a copy of Hadith -- a religious book or hold Muslim religious services.
In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 45901 (SDNY, June 12, 2008), a New York federal magistrate judge recommended granting of summary judgment to defendants in a case in which a prisoner asserted violations of his rights when he was denied kosher meals on four occasions during his transfer between institutions. The court also rejected his claim that his request to transfer institutions was denied on racial grounds. [Corrected].
In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 47544 (D ME, June 19, 2008), a Maine federal magistrate judge, after having earlier dismissed some of plaintiffs' claims for failure to exhaust administrative remedies (2008 U.S. Dist. LEXIS 47543), recommended that summary judgment be entered for defendant on claims by Native American prisoners regarding a shelter for their ceremonies, the right to have pow wows and feasts, the availability of a sweat lodge, and an entitlement to more funding. Much of the opinion criticizes counsel on both sides for their scanty presentation of facts and legal arguments.
Monday, June 23, 2008
Odinists Win Right To Group Worship In Prison
Church Sites Important In Success of Federal Fugitive Surrender Program
Wrongful Death Suit Over Death of Jehovahs' Witness Girl Dismissed
Legal Maneuvering Goes On In Suits Involving FLDS Trust
Recently Available Scholarly Article of Interest
- Lawrence McNamara, Catch the Fire Ministries v. Islamic Council of Victoria: Religious Vilification Laws in the Victorian Court of Appeal (30 March 2007).
- Patrick Parkinson, Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different, (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007 ).
- David N. Cassuto, Animal Sacrifice and the First Amendment, (in Animal Law and the Courts: A Reader, Taimie Bryant, David N. Cassuto, Rebecca Huss, eds., Thomson West, 2008.)
- Lawrence McNamara, Review of Neil Addison, Religious Discrimination and Hatred Law (Routledge-Cavendish 2007), (6(1) Entertainment and Sports Law Journal (2008)).
From SmartCILP:
- Jennifer S. Evans-Cowley & Kenneth Pearlman. Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning, 21 Tulane Environmental Law Journal 203-232 (2008).
- Pamela S. Karlan, Harris Lecture: Taking Politics Religiously: Can Free Exercise and Establishment Clause Cases Illuminate the Law of Democracy?, 83 Indiana Law Journal 1-20 (2008).
- Ashira Pelman Ostrow, Judicial Review of Local Land Use Decisions: Lessons from RLUIPA, 31 Harvard Journal of Law & Public Policy 717-760 (2008).
- Steven G. Calabresi, Render Unto Caesar That Which Is Caesar's, And Unto God That Which Is God's, Harvard Journal of Law & Public Policy 495- 504 (2008).
Sunday, June 22, 2008
Grand Jury To Meet In FLDS Case; Jeff's Daughter May Testify
Attorney Malonis claims the girl is a victim of sexual abuse, and that Jessop is trying to coerce her to avoid a subpoena to testify to the grand jury. However on Thursday the girl wrote Judge Walther saying that she was not a victim of sexual abuse and is not pregnant. Church leader Jessop says that the court should appoint a guardian ad litem for the girl to argue in favor of the FLDS lifestyle. Attorney Rod Parker, who often speaks for FLDS, argued that the girl needs a new attorney because Malonis has a "dysfunctional relationship" with his client. (See prior related posting.)
9th Circuit Again Rejects Challenge To Cal State's Religious Studies Courses
Court Rejects Challenges To Permit Requirement For Homeless Shelter
Court Says Virginia's RFRA Only Applies In Suit Against Government
Anti-Muslim Bias In Western Europe Explored
[E]ven after 60 years of introspection about the anti-Semitism that led to the Holocaust, Europeans are not convinced that culturally and religiously different immigrants should be treated as full members of their societies....
The U.S. had its own terrible legacy of legalized racism... [H]owever, we began slowly and agonizingly to come to terms with this past. Racial bias is still with us, but so is self-consciousness about our problems and how they must be overcome.
In Europe, by contrast, Hitler’s horrifying success at killing so many Jews meant that the burgeoning postwar societies of the continent never had to come to terms with difference, because it was to a great extent eradicated. Today, as the birthrate for European Muslims far outstrips that for their neighbors, it is as if Europe’s discomfort with difference is being encountered for the first time.
Saturday, June 21, 2008
Ohio School Fires Controversial Science Teacher
Sheriff Tells Church Students That God Was Briefer Than the Ohio Revised Code
Religious Discrimination Charged In Firing of Apartment Managers
Canadian Committee Investigates Pakistan and Indonesia's Persecution of Ahmadis
Danish Appeals Court Upholds Dismissal of Muslim Lawsuit Against Newspaper
Friday, June 20, 2008
In Romania, Priests Try To Unionize
Suit Challenges South Carolina's "I Believe" License Plates
According to the complaint, after the legislature passed the bill authorizing the new plates, Gov. Mark Sanford allowed it to become law without his signature, indicating that he would have preferred that the plate have gone through the normal channels of approval by the Department of Motor Vehicles after a request by a private organization for its issuance. However Lt. Gov. Andre Bauer wants to see the plates produced immediately, and so has offered to put up the $4000 normally required as an alternative to 400 prepaid orders needed for a specialty plate. He expects the state will reimburse him once enough plates have been sold. SC Now yesterday reported on the lawsuit.