Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, April 05, 2009
Israel's High Court Issues Injunction Pending Decision on Immigration Case
Rabbi Andy Sacks, director of the Masorti (Conservative) Movement's Rabbinical Assembly in Israel, commenting on the case, said: "we are in an absurd situation in which clerks and bureaucrats are getting involved in halachic [Jewish legal] decisions, and they are reaching more stringent conclusions than the rabbis."
Saturday, April 04, 2009
Flogging Video Undermines Arrangements For Islamic Law In Part of Pakistan
Muslim Khan, spokesman for the Swat Taliban, said the militants publicly flogged a woman nine months ago over allegations that she had an illicit relationship with her father-in-law, but he was not sure if the video showed that incident. He defended the punishment, although he said it should not have been done in public and should have been carried out by a boy who had not yet reached puberty.Yesterday Pakistan's Chief Justice Iftikhar Muhammad Chaudhry opened an investigation into the incident, ordering the interior secretary to appear before the court and instructing security officials to produce the victim in the Supreme Court in time for an April 6 hearing.
California Supreme Court Refuses To Answer Certified Questions From 9th Circuit
U.S. Senate Defeats Health Care Providers' Conscience Amendment
Russia Sets Up Experts Council To Guide Courts On Religion Issues
The council was mandated by a federal law adopted in July 2008 and formed by a decree of the justice ministry in February. Its tasks include, first, it is to provide "a definition of the religious character of organizations on the basis of their constituent documents and reports about their faith and corresponding practice." Second, the council is responsible "checking and assessing the reliability of information contained in documents offered by any religious organization." And third, it is charged with evaluating whether what the religious group declares to the government that it believes and is doing in fact corresponds to reality.The Council met for the first time yesterday and chose Aleksandr Dvorkin as its chair. Georgian Daily says this signals acceptance of Orthodox Patriarch Kirill's views that only the four traditional faiths should be supported. Dvorkin is known for his attacks on Catholics, Evangelical Protestants, Mormons and other non-traditional religious groups.
County Settles Religious Harassment Lawsuit
Court Bars Illinois Enforcement of Pharmacy Rule Pending Trial
Friday, April 03, 2009
Historic Landmark Limits Are Not Substantial Burden Under RLUIPA
Iowa Supreme Court Invalidates Ban On Same-Sex Marriage
[We] give respect to the views of all Iowans on the issue of same-sex marriage—religious or otherwise—by giving respect to our constitutional principles. These principles require that the state recognize both opposite-sex and same-sex civil marriage. Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views.New York Times reports on the decision. Americans United issued a release praising the decision and saying it "has reaffirmed religious liberty." On the other hand, a release from the Traditional Values Coalition complains about judicial activism and warns of possible losses and mandates that it says could be imposed on religious groups.
A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person’s religious faith does not lose its meaning as a sacrament or other religious institution. The sanctity of all religious marriages celebrated in the future will have the same meaning as those celebrated in the past. The only difference is civil marriage will now take on a new meaning that reflects a more complete understanding of equal protection of the law. This result is what our constitution requires.
Air Force Officer Cleared In Inspirational E-mail Investigation
Judges Nominated For 4th and 2nd Circuit Vacancies
Yesterday the White House announced that nominations for two vacant circuit judgeships have been submitted to the Senate. AP, reporting on the nominations, says that there are currently 17 vacancies on federal appeals courts.
Maryland U.S. District Court Judge Andre M. Davis has been nominated by President Obama for the 4th Circuit Court of Appeals. In 2000, Davis had been nominated by President Clinton for the 4th Circuit, but the Senate did not consider the nomination prior to Clinton's leaving office.
In 2000, Judge Davis decided Concerned Citizens of Carderock v. Hubbard, 84 F. Supp. 2d 668 (SDNY, 2000) [LEXIS link], holding that a Montgomery County, Maryland zoning ordinance did not violate the Establishment Clause. In the case, homeowners challenged the grant of a building permit to a synagogue, arguing that a zoning provision permitting "churches . . . and other places of worship" in areas zoned for single-family residences, but not allowing charitable institutions or private clubs there, amounts to an endorsement of religion. Judge Davis wrote: "the operative characteristic in the Ordinance is not religion, non-religion or any particular system of beliefs, but the County Council's reasonable, and thus legitimate, judgment about presumed compatibility with single family residential use."
New York U.S. District Court Judge Gerard E. Lynch has been nominated for the 2nd Circuit Court of Appeals. From 1992-97, Lynch served as vice-dean of Columbia Law School. Judge Lynch's decisions include two in which he ruled against complaints from Muslim prisoners.
In Pugh v. Goord, 184 F. Supp. 2d 326 (SD NY, 2001) [Lexis link], Lynch denied a preliminary injunction and dismissed claims brought by Shi'ite Muslim inmates who wanted to be able to hold services separate from Sunni Muslim prisoners. However the judgment was vacated and the case remanded by the Second Circuit on the ground that plaintiffs did not have notice that the court was considering entirely dismissing the case. (Pugh v. Goord, 345 F.3d 121 (2d Cir., 2003) [Lexis link].
In Jones v. Goord, 435 F. Supp. 2d 221 (SD NY, 2006) [Lexis link], inmates objected to New York's administration of a program for double-celling in maximum-security prisons. Part of the claim was on behalf of Muslim prisoners who argued that double-celling prevents them from practicing their religion. There is not enough room to pray in a double cell, a cellmate may render a cell unclean and therefore unfit for prayer, certain prayers and rituals require solitude, and the morning call to prayer could disturb a sleeping cellmate. Judge Lynch wrote: "plaintiffs offer no alternative solution that would accommodate their religious needs, nor do they attempt to explain how the requested exemption could be applied without compromising the legitimate penological interest in distributing the burden of double-celling equally among prisoners."
Files On Clergy Sexual Abuse Ordered Released, Implementing Settlement
UPDATE: According to an April 30 report by Canadian Press, the the Franciscan Friars of California Inc. have filed an appeal of the order to release these documents.
Lighted Cross On City Fire Tower Is Center of Dispute
Suit Against FAA By Employee Disciplined for Remarks About Gays Is Settled
Some Allegations Are Struck In Sex Abuse Suits Against Diocese
The court struck allegations that the Diocese failed to adequately evaluate the mental fitness of the abusers to serve as Catholic priests and that it induced the Catholic faithful to entrust their children's moral and spiritual well being and safety to priests and then failed to protect the children from sexual abuse. The court said that these claims would require the it to delve into Church doctrine or religious practices. The court also concluded that one child does not have a cause of action based on the Diocese's failure to report suspected abuse of another child. The cases, all decided by the Waterbury (CT) Superior Court on Feb. 24, 2009 are: Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 575; Cerninka v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 581; Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 560; and Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 590.
Thursday, April 02, 2009
Court Enjoins Georgia's Ban on Sex Offenders As Church Volunteers
Other portions of the court's 39-page opinion dealt with class certification and refused to dismiss plaintiffs' takings clause claims. Yesterday's Gainesville (GA) Times reported on the decision.
Ismaili Muslims Not A "Race" Under Section 1981
Prayer At Community Policing Meetings Did Not Violate Establishment Clause
Consent Decrees Entered In EEOC Cases On Behalf of Muslim Workers
In the second case (EEOC v. The Work Connection) brought against an employment agency that recruited workers for Gold'n Plump, the consent decree requires an end to the practice of requiring applicants to sign a form stating that they will not refuse to handle pork products in the course of their work. Some 28 applicants previously turned away for refusing to sign the form will now be offered positions at Gold'n Plump, and they will share in a damage award totalling $150,000.