Religion & Law

Cert. Filed In Dispute Over Display of Kindergartener's "Jesus" Poster

Posted on March 12, 2010
On Wednesday, a petition for certiorari (full text) in Peck v. Baldwinsville Central School District was filed with the U.S. Supreme Court. In the case, the 2nd Circuit dismissed a viewpoint discrimination lawsuit brought by parents who charged that a kindergarten teacher and a principal displayed their son's poster on environmental issues only after folding under a picture of Jesus on the poster so it was not visible...

Faith-Based Restriction Prevents Volunteer From Being Hired In Federally Funded Program

Posted on March 12, 2010
A Seattle Times article earlier this week personalizes the controversy over whether faith-based social service agencies may use religious criteria in hiring employees in federally funded programs. World Relief's U.S. activities, under contract with the State Department, resettle refugees from all cultural and religious backgrounds...

Virginia Governor Backs Equal Employment Opportunity for LGBT

Posted on March 11, 2010
Less than a week after Virgina's attorney general told public colleges in the state that they may not ban discrimination based on sexual orientation, gender identity or gender expression (see prior posting), Virgina Governor Robert McDonnell has taken a somewhat different view...

Irish Pubs Want Good Friday Exemption For Rugby Viewers

Posted on March 11, 2010
Yesterday's London Mail reports that Ireland's ban on the sale of alcohol on Good Friday is creating significant problems for rugby fans. The much anticipated Munster v. Leinster match is scheduled for Good Friday, and while alcohol can be sold inside the stadium, that does not satisfy those who plan to watch the match in their local pubs...

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Mandatory Premise Registration Violates Free Exercise Rights of Amish Farmer

Posted on March 11, 2010
In State of Wisconsin v. Miller, (WI Cir. Ct., March 10, 2010), a Wisconsin trial court held that the state's livestock premise registration requirements impose an impermissible burden on the religious beliefs of an Old Order Amish farmer who was cited for failure to comply with the registration provisions...

Canadian Advocate For Religious Use of Cannabis Profiled

Posted on March 11, 2010
Cannabis Culture yesterday carried a long article about Canadian Chris Bennett who has filed a lawsuit in Canadian federal courts seeking an order to compel the Minister of Justice to issue an exemption from Canada's Controlled Drugs and Substances Act for religious use of cannabis...

Church's Misrepresentations Do Not Get Former Employee Unemployment Benefits

Posted on March 11, 2010
In Irvine v. St. John's Lutheran Church of Mound, (MN Ct. App., March 9, 2010), a Minnesota appellate court held that a former business administrator of a church was not entitled to unemployment compensation benefits even though the church's employment handbook indicated the church paid unemployment taxes and implied that employees would receive unemployment benefits if they lost their job through no fault of their own...

Religious Land Use Disputes Continue To Arise: Michigan Church, Connecticut Chabad House

Posted on March 11, 2010
Zoning disputes involving religious institutions continue to arise around the country. Here are two recent ones. In Benton Township, Michigan, the Overflow Church wants to move its religious services and community outreach programs into a former Sears store that was donated to the church by the building's owner...

Egypt's Sheik Tanatwi, Head of Al Azhar, Dies

Posted on March 11, 2010
According to the New York Times, Egypt's chief religious official, Sheik Mohamed Sayed Tantawi, died yesterday during a visit to Saudi Arabia. He was 81. As head of Egypt's most prestigious center of Islamic learning, Al Azhar, Tantawi held sway over government policy on which books and films should be banned...

Britain's Supreme Court Denies Christian Marriage Registrar Permission To Appeal

Posted on March 10, 2010
According to Pink News, the Supreme Court of the United Kingdom on Monday refused permission to appeal the decision in Ladele v. London Borough of Islington. In the case the Court of Appeals of England and Wales agreed with Britain's Employment Appeals Tribunal that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing on religious grounds to register same-sex civil partnerships...

Court Rejects Religious Defense To Marijuana Use

Posted on March 10, 2010
In Georgetown, Colorado, a state court judge has rejected Trevor Douglas' free exercise claims and has found him guilty of possessing marijuana and drug paraphernalia, as well as driving an unregistered vehicle. He was assessed a $450 fine and ordered to perform 15 hours of community service...

Suit Argues Letter Cursing Police Officer Was Protected Religious Speech

Posted on March 10, 2010
A federal lawsuit filed on Monday claims that Pennsylvania state police and the police department of Media Borough (PA) have a practice of unlawfully prosecuting citizens for protected speech using Pennsylvania?s terroristic threats, harassment, and disorderly conduct statutes...

6th Circuit: Parochial School Teacher of Secular Subjects Covered By ADA

Posted on March 10, 2010
In EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, (6th Cir., March 9, 2010), the U.S. 6th Circuit Court of Appeals held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act...

Final Faith-Based Advisory Council Report Submitted To White House

Posted on March 10, 2010
Yesterday, President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships presented its final report to administration officials. According to IPA:Over the course of the day, the Council presented its recommendations in key policy areas to senior officials who deal with each of those areas, including: Secretary of Health & Human Services Kathleen Sebelius, USAID Director Raj Shah, White House Domestics Policy Director Melody Barnes, National Security Council Chief of Staff Denis McDonough, and EPA Director Lisa Jackson...

Pennsylvania Woman Indicted In Conspiracy To Kill Muhammad Cartoonist

Posted on March 10, 2010
According to the New York Times, yesterday federal prosecutors unsealed an indictment (full text) against a Pennsylvania woman who was charged with conspiracy in a plot to kill Swedish cartoonist Lars Vilks. An Al Qaeda linked group placed a $100,000 bounty on Vilks because of his cartoon of the prophet Muhammad atop the body of a dog...

Faith-Based Advisory Council Report Released

Posted on March 10, 2010
The White House today released the final version of the report of the President's Advisory Council on Faith-Based and Neighborhood Partnerships. (See prior related posting.) The report is titled A New Era of Partnerships. It contains recommendations from each of the six task forces...

Catholic Church Targets Philippine Health Chief Over Condom Campaign

Posted on March 09, 2010
Yesterday's Washington Post reports that the Catholic Church in the Philippines is calling for the resignation of Health Secretary Esperanza Cabral. The Church, a powerful force in the country, is angry over the condom distribution campaign instituted by the Harvard-trained health chief...

Dispute Over Fire Department Chaplain's Web Page

Posted on March 09, 2010
In Spring Hill, Florida, resident Ken Fagan has filed a complaint with the Department of Community Affairs objecting to a link on the Spring Hill fire district's website. According to My Fox Tampa Bay yesterday, Fagan objects to a link to the Fire Rescue Chaplain's web page that contains scriptural quotes and in turn links to a site offering Bibles for sale...

Christian Group Presses Pray for a Liberal Campaign

Posted on March 09, 2010
Beliefnet yesterday reported on last month's "Adopt a Liberal" Deck of Cards initiative begun by Liberty Counsel. The deck contains 51cards picturing "liberals" with one card carrying a question mark for the "unknown liberal." The program asks participants "to pray daily for the liberal(s) of your choice, so each can become a good influence on our Nation?s culture...

Parents Who Relied on Prayer To Heal Son Sentenced to 16 Months For Negligent Homicide

Posted on March 09, 2010
The Oregonian reports that an Oregon state judge yesterday sentenced Jeffrey and Marci Beagley to 16 months in prison, followed by 3 years probation, after their conviction last month for the criminally negligent homicide of their 16 year old son. The Beagley's, members of the Followers of Christ Church that rejects medical care, prayed for their son rather than seeking medical attention for his urinary tract obstruction...

Muslim-Christian Ethnic Massacre In Nigeria Kills 378 Christians

Posted on March 09, 2010
In four Nigerian villages on Sunday, at least 378 members of the Christian Berom ethnic group were killed by members of the Muslim Fulanis. The massacres took place in Zot, Dogo Nahawa, Rastat and Shen. The Wall Street Journal, the London Times and BBC News all report on the massacres...

Speculation Surrounds Mixed-Faith Wedding Ceremony for Chelsea Clinton

Posted on March 08, 2010
AP last week reported on the questions surrounding arrangements for the upcoming wedding of Chelsea Clinton, daughter of the former President Bill Clinton and of the current Secretary of State Hillary Clinton. In particular, papers are speculating on whether her wedding will be performed by a rabbi since her fiance, Marc Mezvinsky, is Jewish...

School Guidance Director Sues, Claiming Animus From Orthodox Jewish Board Members

Posted on March 08, 2010
In Lawrence, New York, the school district's guidance director who was denied tenure filed a lawsuit charging that his dismissal stems from the ongoing tension between Orthodox Jews who took control of the Lawrence school board in 2006 and the community's non-Orthodox residents...

Recent Articles and Book of Interest

Posted on March 08, 2010
From SSRN:Christian Behrendt, State Norms and Religious Norms: Summary Reflections on Some of their Characteristics (Règles Étatiques Et Règles Religieuses: Brèves Réflexions Sur Certaines De Leurs Caractéristiques), (Revue de la Faculté de droit de l'Université de Liège, pp...

Supreme Court Grants Cert. In Westboro Baptist Church Funeral Picketing Case

Posted on March 08, 2010
The U.S. Supreme Court this morning granted certiorari in Snyder v. Phelps, (Docket No. 09-751, March 8, 2010). (Order List.) In the case in which review has been granted, the U.S. 4th Circuit Court of Appeals agreed with the Westboro Baptist Church and its leaders that a $5 million judgment against them growing out of their picketing of the funeral of Iraq veteran Matthew Snyder violated their free speech rights...

Virginia's AG Says State Colleges Cannot Ban LGBT Discrimination

Posted on March 07, 2010
According to the Washington Post, Virginia's Attorney General Ken Cuccinelli II on Thursday sent a letter (full text) to the state's public colleges and universities advising them that: the law and public policy of the Commonwealth of Virginia prohibit a college or university from including "sexual orientation," "gender identity," "gender expression," or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly.

Taxpayer Lacks Standing To Challenge Church's Use of School; Parent May Have Standing

Posted on March 07, 2010
In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 18892 (ND OH, March 3, 2010), an Ohio federal district court held that a local taxpayer lacks standing to bring an Establishment Clause challenge to the practice of a local high school in permitting a church to use the school building for its weekly religious services...

9th Circuit Says Christians In Indonesia Face Likely Persecution, Torture

Posted on March 07, 2010
In Pelle v. Holder, (9th Cir., March 4, 2010), the U.S. 9th Circuit Court of Appeals held that the Board of Immigration Appeals should have applied disfavored group analysis in deciding whether appellant faced a clear probability of future persecution...

Report Says Scientology Staff Members Are Treated Abusively

Posted on March 07, 2010
This morning's New York Times carries a front-page article on allegations by two former staff members of the Church of Scientology regarding abuse of staff mebers. Reporting on charges by Chris and Christie Colbran, who were recruited as teenagers to work for the elite corps of staff members known as Sea Org, the Times says: They signed a contract for a billion years ? in keeping with the church's belief that Scientologists are immortal...

Recent Prisoner Free Exercise Cases

Posted on March 07, 2010
In Camacho v. Shields, 2010 U.S. App. LEXIS 4489 (9th Cir., March 3, 2010), the 9th Circuit upheld a lower court's finding that a prisoner's religious exercise was not substantially burdened by the interruption of his prayers on one occasion.In Witcher v...

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