Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, April 17, 2009
Today Is "Day of Silence" In Schools-- Focuses On LGBT Bullying
Court Says Statute Protects Church Property Sought For Use As Sidewalk
Thursday, April 16, 2009
Missouri Baptist Convention Loses Again In Suit To Get Control of Windermere
Colorado High Court: Catholic Eldercare Facility Not Entitled To Tax Exemption
In an opinion by Justice Eid, three judges dissented. They argued that the majority interprets the exemption to apply to religious organizations only if they provide all services free of charge, while nonreligious charities are entitled to the exemption even if they charge some fees, so long as they operate at a loss. "The City has thus applied its tax code in such a way that discriminates against religious organizations in violation of the Free Exercise Clause of the United States Constitution."
Canadian Court Clears Sikh Youth Charged With Assault
Preliminary Injunction Granted In Challenge To Grade School Religious Music
The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.The preliminary injunction was entered even though the school had withdrawn the song from this year’s assembly. Today's St. Augustine (FL) Record reports on the decision. (See prior related posting.)
Macedoia's Constitutional Court Strikes Down Religious Instruction In Grade Schools
FLDS Defendants Challenge Search Warrants Used In Ranch Raid
[T]he authorities used a hoax phone call as an excuse for staging a massively intrusive raid upon a disfavored religious group…. Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find.Today's Deseret News and San Angelo (TX) Standard-Times report on the motions.
Identities of Those Rejected As Ambassador To Vatican Disclosed [Corrected]
Cuba Withholds Visas From USCIRF Delegation
Tuesday, April 14, 2009
Public School Courses From Kabbalah Center Draw Criticism
School Board Grants Grooming Exemption For Native American High Schooler
Tangipahoa Parish School Board Adopts Minor Changes In Policy On Invocations
The changes made at last Thursday's meeting-- largely at the urging of ADF-- provide that congregations can request to be added to the Board's list of potential invitees to deliver an invocation, and in case of a question about whether the religious organization is bona fide, the Board will rely on the IRS list of exempt organizations. The amendments also provide that students or others called on to deliver the Pledge of Allegiance, the national anthem or the preamble to the Constitution at a Board meeting are not required to attend the invocation. Students will be introduced after the invocation and the call to order of the meeting to prevent pressure on them to attend board-sponsored prayers.
Tajikistan Islamic Leader Resigns From Parliament In Protest of Religion Law
Vermont's Gay Marriage Law Contains Strong Religious Exemptions
Statutory provisions on who may solemnize marriages were amended to include this provision:
[18 VAA Sec. 5144(b): ] This section does not require a member of the clergy ... to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.The provisions of Vermont's Banking and Insurance law relating to Fraternal Benefit Societies was amended to include the following:
[8 VSA Sec. 4501(b):] The civil marriage laws shall not be construed to affect the ability of a society to determine the admission of its members ... or to determine the scope of beneficiaries..., and shall not require a society that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the society’s free exercise of religion, as guaranteed by the First Amendment to the Constitution of United States or by Chapter I, Article 3 of the Constitution of the State of Vermont.Finally, the law amended Vermont's provisions banning discrimination in public accommodations to include the following:
[9 VSA Sec. 4502(l):] Notwithstanding any other provision of law, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods, or privileges is related to the solemnization of a marriage or celebration of a marriage. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this subsection shall not create any civil claim or cause of action.
This subsection shall not be construed to limit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from selectively providing services, accommodations, advantages, facilities, goods, or privileges to some individuals with respect to the solemnization or celebration of a marriage but not to others.
Court Upholds Jury's RLUIPA Verdict and Constitutionality of RLUIPA
In a companion decision issued the same day, 2009 U.S. Dist. LEXIS 30614, the court issued a permanent injunction requiring approval of the church's 2004 special use application. However the court refused to issue an injunction barring the county from imposing any further substantial burden on the church's religious exercise, finding that an injunction merely broadly ordering obedience to the law is impermissible. (See prior related postings 1, 2.)