Religion & Law

Illinois Appeals Court Upholds Sanctions In Husband's Challenge To Order Requiring Jewish Divorce Document

Posted on March 22, 2011
In Schneider v. Schneider, (IL App., March 15, 2011), an Illinois appellate court upheld the trial court's award of attorneys' fees as a sanction under Illinois Civil Rule 137 (the equivalent of Federal Rule 11) to a divorced wife who succeeded in her lawsuit to force her husband to issue her a Jewish divorce document (a "get")...

Dispute Over Ouster of Mosque Trustees Reignites Debate Over U.S. Courts Applying Shariah Law

Posted on March 22, 2011
A case in Tampa, Florida has re-ignited debate over the application of Shariah law by U.S. courts. The unusual procedural posture of the case has a Tampa mosque arguing against Florida courts applying religious law, while former trustees of the mosque are arguing in favor of using religious law...

Standing, Limited Preliminary Injunction Granted In Challenge To Santa Rosa County Consent Decree

Posted on March 22, 2011
The long-running litigation over religious practices in the Santa Rosa County, Florida schools continues. In 2009, the Santa Rosa County School Board entered into a consent decree, admitting widespread Establishment Clause violations. (See prior posting...

Australian Commission Releases Report on Freedom of Religion In 21st Century

Posted on March 22, 2011
Yesterday the Australian Human Rights Commission released a 92-page report titled Freedom of Religion and Belief in 21st Century Australia.  Here are some excerpts from the Report's findings:[T]here is strong support from all voices ? whether religious, spiritual, secular or agnostic ? for education about the religions, spiritualities and worldviews present in and affecting Australia...

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Amish Alternative Bankruptcy Plan Would Violate Establishment Clause

Posted on March 21, 2011
 In re Beachy, (ND OH Bkrpt., March 18, 2011), involves an unusual intersection of the Establishment Clause with the federal Bankruptcy Code.  Monroe L. Beachy, a member of the Amish community, filed a bankruptcy petition in federal bankruptcy court in Ohio...

In Egypt, Big Win For Constitutional Amendments May Boost Muslim Brotherhood

Posted on March 21, 2011
The New York Times reported that 77.2% of Egyptian voters approved the country's proposed constitutional amendments in a referendum election held Sunday. 41% of all eligible voters turned out at the polls. Those in the more liberal wings of Egyptian politics say that the vote means early elections can be called...

Ministerial Exception Does Not Bar Catholic High School Teacher's Age Discrimination Claim

Posted on March 21, 2011
In Hendricks v. Marist Catholic High School, (D OR, March 16, 2011), an Oregon federal district court refused to apply the ministerial exception to prevent a Catholic high school teacher from bringing an age discrimination claim after his teaching contract was terminated...

Recent Articles of Interest

Posted on March 21, 2011
From SSRN:Christa Rautenbach, Deep Legal Pluralism in South Africa: Judicial Accommodation of Non-State Law, (Journal of Legal Pluralism and Unofficial Law, Vol. 60, pp. 143-177, 2010).David Groshoff, Hoisted by the ?God, Guns, and Gays? Petard: Recognizing Bullycidal Queer Students? Rights to Engage in Lethal Self-Defense, (March 1, 2011)...

Supreme Court Denies Review In Tax Case On Definition of "Church"

Posted on March 21, 2011
The Supreme Court today denied certiorari in Foundation of Human Understanding v. United States, (Docket No. 10-648, cert. denied 3/21/2011) (Order List). In the case, the U.S. Court of Appeals for the Federal Circuit held that the Foundation of Human Understanding, while retaining its 501(c)(3) non-profit status, did not qualify as a "church" for purposes of Sec...

Canada's Supreme Court Will Decide Niqab In Court Case

Posted on March 20, 2011
Canada's Supreme Court this week granted leave to appeal in N.S. v. Her Majesty the Queen, (leave granted, March 17, 2011). In the decision below, Ontario's highest appellate court held that a judge conducting a preliminary inquiry in a criminal case has discretion whether or not to permit a Muslim woman to testify with her face covered...

Recent Prisoner Free Exercise Cases

Posted on March 20, 2011
In DeMoss v. Crain, (5th Cir., March 2, 2011), the 5th Circuit rejected a Muslim inmate's 1st Amendment and RLUIPA challenges to prison policies that required inmate-led religious services to be tape recorded when there is no staff member or outside volunteer present; barred inmates from carrying a pocket-sized Bible or Qur'an; required inmates to be clean-shaven; and did not permit inmates to stand for extended periods of time in prison dayrooms...

Church Complains About Its Cross Being Removed From State Park

Posted on March 20, 2011
Yesterday's Mobile (AL) Press-Register reports that the Orange Beach (AL) United Methodist Church is complaining that the recently appointed superintendent of Gulf State Park has removed a 10-foot tall cross made from driftwood that church members erected in 2008 with permission of the prior park superintendent...

Idaho High Court Rejects Free Exercise Challenge To Marijuana Possession Conviction

Posted on March 19, 2011
In State of Idaho v. Fluewelling, (ID Sup. Ct., March 17, 2011), the Idaho Supreme Court rejected a criminal defendant's argument that his conviction for possession of marijuana violated his free exercise rights under the U.S. and Idaho constitutions...

Biblical Reference In Closing Argument Does Not Invalidate Guilty Verdict

Posted on March 19, 2011
In Powell v. State, (GA App., March 16, 2011), the Georgia Court of Appeals affirmed an appellant's conviction for aggravated assault, rejecting his claim that the trial judge allowed improper religious-based statements by the prosecution during closing argument...

Italy's High Court Upholds Ouster of Judge Who Refused To Preside In Court Room With Crucifix

Posted on March 19, 2011
In Italy earlier this week, the Cassation Court-- Italy's highest appellate court-- upheld last year's dismissal by the Supreme Council of Magistrates of Judge Luigi Tosti. According to Life in Italy last Monday, the Court concluded that Tosti was guilty of refusing to perform his judicial duties when, from May 2005 to January 2006 he withdrew from 15 hearings because a crucifix was displayed in the courtroom in which the hearing was scheduled...

Malaysian Court Upholds Rule Limiting Syariah Law Practice To Muslims

Posted on March 18, 2011
In Malaysia yesterday, the High Court (Appellate and Special Powers) upheld the requirement that only Muslims can practice as Syariah lawyers. The Star reports on the decision which upholds Rule 10 of the Peguam Syarie Rules 1993. Victoria Jayaseele Martin, a non-Muslim woman who earned a Diploma in Syariah Law and Practice in 2004 from the International Islamic University Malaysia, challenged the requirement imposed by the Federal Territory of Kuala Lumpur's Islamic Religious Council that only Muslims can be admitted to practice before its Syariah Court...

Belk Settles Religious Accommodation Suit Filed By EEOC

Posted on March 18, 2011
A settlement has been reached between the EEOC and Belk, Inc. in a lawsuit brought by the EEOC charging Belk with failing to accommodate the religious beliefs of a Jehovah's Witness employee in its Raleigh, North Carolina store.  (EEOC press release...

Lawsuit Challenges Arizona Day of Prayer Declaration

Posted on March 18, 2011
The Freedom from Religion Foundations announced that it filed a lawsuit on Tuesday challenging Arizona Governor Jan Brewer's declaration of May 6, 2010 as Arizona Day of Prayer. The complaint (full text) in Freedom from Religion Foundation Inc. v. Brewer, (D AX, filed 3/15/2011) seeks a declaratory judgment that Brewer's proclamation violates the Establishment Clause as well as  Art...

Knesset Committee Hears From Chief Rabbi On Israel's Recognition of Orthodox Conversions

Posted on March 18, 2011
Haaretz reports on a special meeting of the Knesset (Israeli Parliament) Immigration Committee on Tuesday in the office of Israel's Chief Sephardi Rabbi Slomo Amar in which Amar defended a controversial policy of the Chief Rabbinate and the Interior Ministry adopted two years ago regarding recognition of conversions to Judaism performed by Orthodox rabbis abroad...

Property of Break-Away Church In Texas Belongs To Episcopal Diocese

Posted on March 18, 2011
In Masterson v. Diocese of Northwest Texas, (TX App, March 16, 2011), the Texas Court of Appeals held that the property of the Church of the Good Shepherd in San Angelo, Texas, belongs to the Episcopal Diocese of Northwest Texas and the continuing parish leaders, not to the break-away congregation that joined the more conservative Anglican Diocese of Uganda...

European Court's Grand Chamber Upholds Italy's Placement of Crucifixes In State Schools

Posted on March 18, 2011
Today in a 15-2 ruling, the Grand Chamber of the European Court of Human Rights held that the required display of crucifixes in state school classrooms in Italy does not violate the European Convention on Human Rights. In Case of Lautsi and Others v. Italy, (ECHR, March 18, 2011), the European Court reversed a Chamber Judgment issued by a 7-judge panel of the Court in November 2009 that had found the practice violates Article 2 of Protocol No...

Court Says Any Accommodation of 7th Day Adventist Would Impose Undue Hardship On Employer

Posted on March 17, 2011
In Berry v. MeadWestvaco Packaging Systems, LLC, (MD AL, March 14, 2011), an Alabama federal district court dismissed a Title VII religious discrimination claim brought by a Seventh Day Adventist employee who was assigned to work at times that conflicted with his scripturally mandated Tuesday and Wednesday evening religious meetings...

Federal Judge Urges Settlement Negotiations In FLDS UEP Trust Case

Posted on March 17, 2011
As previously reported, last month a Utah federal district court held unconstitutional the five years of Utah state court proceedings aimed at reforming the polygamous FLDS Church's United Effort Plan Trust.  The state plans to appeal the ruling...

Malaysia Will Release Impounded Christian Bibles, Subject To Conditions

Posted on March 17, 2011
In Malaysia, the Home Ministry on Tuesday decided to release back to the Bible Society of Malaysia and The Gideons 35,000 copies of a Malaysian translation of the Christian Bible that had been impounded. (See prior posting.)  UPI and The Star report that the Performance Management  and Delivery Unit originally seized the Bibles that came in two separate shipments because they use the word "Allah" as a translation for "God...

Establishment Clause Challenge To City's Invocation Policy Survives Motion To Dismiss

Posted on March 17, 2011
In Atheists of Florida, Inc. v. City of Lakeland, Florida, (MD FL, March 15, 2011), a Florida federal district court allowed plaintiffs to proceed with their federal and state Establishment Clause claims challenging the invocation policy of the Lakeland (FL) City Commission...

Democrats In Congress Introduce Bill To Repeal DOMA

Posted on March 17, 2011
The Hill reported yesterday that Democrats in both the House and Senate have introduced the Respect for Marriage Act (full text). The bill would repeal the Defense of Marriage Act and instead recognize as valid for federal law purposes any same-sex marriage that was legally entered into in the jurisdiction where it was performed...

New Hampshire High Court Upholds Public Schooling Over Home Schooling In Parental Dispute

Posted on March 17, 2011
In a widely followed case, the New Hampshire Supreme Court has upheld a trial judge's order that an 11-year old girl be enrolled in public school rather than continue to be primarily home schooled by her mother.  The issue arose when the girl's divorced parents who shared parental responsibilities could not agree on schooling plans...

9th Circuit En Banc Finds Court Holding Facility Is Covered By RLUIPA

Posted on March 16, 2011
The U.S. 9th Circuit Court of Appeals yesterday in an en banc decision in Khatib v. County of Orange, (9th Cir., March 15, 2011), concluded that the holding facility at the Santa Ana (CA) courthouse is a "pretrial detention facility" that is covered by RLUIPA...

Proposed Tajik Law Banning Children's Participation In Religious Activities Draws Objections

Posted on March 16, 2011
Forum 18 reports that in Tajikistan yesterday the public consultation period ended on a controversial proposed Law on Parental Responsibility for the Education and Upbringing of Children.  After receiving more than 30,000 comments on the proposed law, the President's office said opinions of religious communities will be taken into account and changes will be made in the draft...

Utah Police Arrest Man Who Used Animal Parts and Human Skulls For Religious Rites

Posted on March 16, 2011
According to NBC News, in Clearfield, Utah on Sunday detectives arrested Roberto Casillas-Corrales for investigation of abuse or desecration of a human body.  While executing a search warrant as part of a drug investigation, officers found a shed full of animal carcasses, along with two human skulls, behind Casillas-Corrales' home...

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