Religion & Law

Lawsuit Asks Court To Uphold Removal of Church Directors

Posted on January 19, 2010
In Westmoreland County, Pennsylvania Common Pleas Court last week, the pastor of a local church filed suit asking the court to uphold a vote last November by the church's board of directors removing two elders. Today's Pittsburgh Tribune-Review reports that Pastor Roy Aiken Jr...

Obama Speaks At D.C. Church About Dr. King's Legacy

Posted on January 18, 2010
Yesterday, President Barack Obama spoke at Washington, D.C.'s Vermont Avenue Baptist Church in remarks that the White House Blog captioned "Martin Luther King and the Challenges of a New Age." (Full text; Excerpts and video of full remarks.) The Church, founded by freed slaves after the Civil War was the site of a 1956 speech by Dr...

NY Appeals Court Says Breakaway Church Property Belongs to Prebyterian Church USA

Posted on January 18, 2010
In Presbytery of Hudson River of Presbyterian Church (U.S.A.) v Trustees of First Presbyterian Church & Congregation of Ridgeberry, (NY App. Div., Jan. 12, 2010), a New York state appellate court, reversing the trial court, held that property of a break-away congregation is held in trust by the Presbytery for the Presbyterian Church (USA)...

Pope's Visit To Rome Synagogue Focuses Debate On Pius XII's Actions In WW II

Posted on January 18, 2010
Pope Benedict XVI yesterday visited Rome's Great Synagogue amidst continuing controversy over whether Pope Pius XII did enough during World War II to save Italian Jews. (London Times.) Reuters reports that Riccardo Pacifici, president of Rome?s Jewish community and grandson of Genoa's Chief Rabbi who died in Auschwitz, directly confronted the Pope on the issue...

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RLDS Church Wins Trademark Infringement Claims

Posted on January 17, 2010
In Community of Christ Copyright Corp. v. Devon Park Restoration Branch of Jesus Christ's Church, (WD MO, Jan. 14, 2010), a Missouri federal district court issued a permanent injunction protecting a church, now commonly known as Community of Christ, from various trademark violations...

Pope Seeks Civil Recognition of Catholic Church In Turkey

Posted on January 17, 2010
Ekklesia yesterday reported on Pope Benedict XVI's remarks (full text) earlier this month on receiving Turkey's new ambassador to the Holy See. The Pope urged Turkey to grant "civil juridical recognition" to the Church in Turkey in order to help it enjoy full religious freedom.

Recent Prisoner Free Exercise Cases

Posted on January 17, 2010
In Lopez v. White, 2010 U.S. Dist. LEXIS 2701 (ND WV, Jan. 14, 2009), a West Virginia federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 123205, June 29, 2009) and rejected free exercise complaints by an inmate who claimed that he was segregated before All Saints' Day communion based on false disciplinary charges and that he was not allowed to participate in readings during Catholic chapel services...

DoD Report on Ft. Hood Shooting Includes Recommendations on Religion In Military

Posted on January 16, 2010
The Department of Defense yesterday released an 86-page report Protecting the Force: Lessons from Fort Hood. The study was ordered by Secretary of Defense Robert Gates after the November killing of 13 and wounding of 43 at Ft. Hood by Army Major Nidal Hasan...

President Proclaims Today "Religious Freedom Day"

Posted on January 16, 2010
Today is Religious Freedom Day marking the anniversary of Virginia?s 1786 Statute for Religious Freedom. Yesterday President Obama issued a Proclamation (full text) officially designating the observance. It said in part: The Virginia Statute was more than a law...

Supreme Court Will Review Release of Names of Referendum Petition Signers

Posted on January 16, 2010
Yesterday, the U.S. Supreme Court granted certiorari in John Doe #1 v. Reed (Docket No. 09-599, cert. granted 1/15/2010) (Order List.) In the case, the 9th Circuit allowed release under Washington state's Public Records Law of the names of those who signed petitions seeking a referendum on the state's domestic partnership law...

6th Circuit Upholds Courthouse Display Including 10 Commandments

Posted on January 15, 2010
In ACLU of Kentucky v. Grayson County, Kentucky, (6th Cir., Jan. 14, 2010), the U.S. 6th Circuit Court of Appeals, in a 2-1 decision, rejected an Establishment Clause challenge to a "Foundations of American Law and Government" display in a county courthouse...

Scientology Sues Atlanta Suburb Over Zoning Denial

Posted on January 15, 2010
The Church of Scientology yesterday filed a federal lawsuit against Sandy Springs, Georgia, challenging zoning limits the city has imposed on the Church. According to AP, Scientology wanted to add a fourth floor to an office building in the Atlanta suburb, and move the Georgia state headquarters there...

Appeals Court Upholds Religious Objection To Autopsy On Executed Prisoner

Posted on January 15, 2010
In Johnson v. Levy, (TN Ct. App., Jan., 14, 2010), the Tennessee Court of Appeals affirmed a decision of the state Chancery Court (see prior posting) and rejected the request of the county Medical Examiner to conduct an autopsy on executed murderer Cecil Johnson...

County Assessed Large Attorneys' Fees and Costs In RLUIPA Case

Posted on January 15, 2010
Last April, the Rocky Mountain Christian Church in Boulder County, Colorado won its challenge to the county's denial of its special use application, convincing a jury and the court that the denial violated the substantial burden and unreasonable limitations provisions of the Religious Land Use and Institutionalized Persons Act...

DC Court Upholds Election Board's Rejection of Initiative To Define Marriage

Posted on January 15, 2010
In Jackson v. District of Columbia Board of Elections and Ethics, (DC Super. Ct., Jan. 14, 2010), the District of Columbia Superior Court agreed with the D.C. election board's rejection of an initiative petition seeking to amend the D.C. Code to provide that only marriage between a man and a woman would be recognized in D...

9th Circuit Uphold's UC's Rejection of Certain Christian School Courses

Posted on January 14, 2010
In Association of Christian Schools International v. Stearns, (9th Cir., Jan. 12, 2010), the 9th Circuit rejected constitutional challenges to the University of California's admissions policy that refuses to accept certain high school courses offered by Christian schools to qualify students for admission to UC...

In Malaysia, More Vandalism and Revelations of Broader Bans on Word Usage By Non-Muslim Papers

Posted on January 14, 2010
In Malaysia, vandalism against Christian churches continues in response to a High Court decision allowing the Catholic newspaper, The Herald, to use the term "Allah" in ints Malay-language edition to refer to God. Canadian Press today reports that a tenth church was vandalized this morning, with red paint splashed on it...

Supreme Court Blocks Broadcast of California Proposition 8 Trial

Posted on January 14, 2010
The U.S. Supreme Court yesterday, in a 5-4 decision, blocked the broadcast by a California federal district court of the non-jury trial challenging the constitutionality of Proposition 8-- California's ban on same-sex marriage. In Hollingsworth v. Perry, (Sup...

Texas Board of Education Holds Hearings On Social Studies Curriculum

Posted on January 14, 2010
The Texas State Board of Education yesterday held hearings on proposed revisions to the state's social studies curriculum. A number of the 130 speakers at the hearing focused on issues of how the role of religion in American history will be taught. News 8 Austin and the Ft...

Rhode Island Legislature Overrides Veto Of Limitations Extension for Civil Rights Claims

Posted on January 14, 2010
On Jan. 5, the Rhode Island legislature overrode Gov. Donald Carcieri's veto of SB 162 which extends from one year to three years the statute of limitations applicable to discrimination suits under the state's Civil Rights Act of 1990. That law prohibits discrimination on the basis of religion, race, sex, age, national origin or disability in making or enforcing contracts, in buying, selling or leasing real property and in various other matters...

Wisconsin Board Rejects RLUIPA Argument In Zoning For Bible Camp

Posted on January 14, 2010
The Oneida County (Wisconsin) Board of Adjustment has rejected a RLUIPA claim and has upheld the denial of a conditional use permit for construction of a Bible camp on Squash Lake near Rhinelander (WI). Yesterday's Rhinelander Daily News reports that the zoning ordinance would allow a church or a school to be built on the site, but the Board ruled that a camp and conference center are not permitted even though the lodge would contain a chapel and classrooms...

Canadian FLDS Leader Sues BC Government For Illegal Prosecution

Posted on January 14, 2010
In Canada, FLDS leader Winston Blackmore has filed a claim for damages against British Columbia's provincial government charging that he was prosecuted illegally last year. As previously reported, polygamy charges against Blackmore were quashed when the B...

Pat Robertson's Remarks on Haiti Earthquake Draw Criticism

Posted on January 14, 2010
As both religious and secular groups scramble to provide aid for the earthquake victims in Haiti, evangelist Pat Robertson made comments on CBN's "700 Club" that are drawing criticism from White House advisor Valerie Jarrett as well as from many Christian leaders...

Bankruptcy Judge Orders Trial On Whether Parish Assets Are Shielded From Diocese Creditors

Posted on January 13, 2010
A Delaware federal bankruptcy judge yesterday decided that the Catholic Diocese of Wilmington cannot develop a plan of reorganization and exit bankruptcy without first obtaining a determination of whether funds belonging to individual parishes and Catholic Charities are shielded from Diocese creditors (mostly abuse victims)...

White House Faith-Based Task Force Debates Religious Symbols In Funded Programs

Posted on January 13, 2010
The White House Office of Faith-Based and Neighborhood Partnerships Task Force on reform of the faith-based office held a two-hour teleconference on Monday as it moved toward finalizing its draft report. According to the Washington Post's On Faith, one of the important debates on the phone conference was whether religious groups operating federally-funded programs out of their facilities need to cover up religious symbols during the times the funded services are being offered...

Trial Court Leaves Open Manslaughter Option In Trial of Tiller's Shooter

Posted on January 13, 2010
In Wichita, Kansas, a state trial court judge has left open the question of whether Scott Roeder who is on trial for killing abortion doctor George Tiller will be permitted to argue that he is guilty only of manslaughter. Roeder wants to argue that he was attempting to save the lives of the unborn...

3rd Circuit Dismisses Challenge To Muslim Scientist's Security Clearance

Posted on January 13, 2010
In El-Ganayni v. U.S. Department of Energy, (3d Cir., Jan. 11, 2010), the U.S. 3rd Circuit Court of Appeals upheld the revocation of the security clearance of a Muslim physicist, Abdel El-Ganayni, who worked for Bettis Laboratory on the Navy's nuclear propulsion program...

Rabbi Seeks Army Waiver of Beard Policy To Become Chaplain

Posted on January 13, 2010
Yesterday's New York Jewish Week reports on the efforts of Rabbi Menachem Stern to obtain a waiver of U.S. Army grooming rules so he can become a chaplain. Stern , a Chabad Lubavitch rabbi, wears a beard for religious reasons. Originally he was informed that the Accession Board had approved him, but then he received a phone call saying that the approval was an error because he could not enlist while wearing a beard...

New Statement of Current Law On Religious Expression In U.S

Posted on January 13, 2010
Yesterday, Wake Forest University's Center for Religion and Public Affairs released a 32-page document titled Religious Expression in American Life: A Joint Statement of Current Law. Drafted by a group of 28 experts from a variety of religious and political views, the document attempts to answer in clear language some 35 questions about the permissible role of religion in the public forum...

Suit Seeks To Prevent Further Searches of Kansas Church

Posted on January 13, 2010
In Independence, Kansas yesterday, the New Covenant Faith Center, along with its pastor, his wife and the church secretary filed suit to prevent the Jackson County Sheriff's Office from conducting further searches of the church or having contacts with its members...

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