Religion & Law

Obama Hosts Iftar Dinner With Interesting Guest List

Posted on September 02, 2009
Last night at the White House, President Obama hosted an iftar dinner marking the Muslim observance of Ramadan. This follows a precedent begun by President Bill Clinton and continued by President George W. Bush (New York Times, Huffington Post). The guest list for last night's dinner was particularly interesting-- cabinet members, members of Congress, ambassadors from counties with significant Muslim populations (including Israel), members (including Jewish and Christian members) of the President?s Council on Faith-based and Neighborhood Partnerships, and various Muslim notables...

"Classical" Charter School Sues Challenging Ban On Use of Religious Texts

Posted on September 02, 2009
Yesterday, an Idaho charter school filed a federal lawsuit against members of the Idaho Public Charter School Commission and other state officials, challenging a Commission order banning the use of the Bible or any other religious documents or texts in public charter school classrooms...

Federal Community Service Agency Designates This Week As "Interfaith Service Week"

Posted on September 02, 2009
The Corporation for National & Community Service (a federal agency) announced yesterday that President Obama's "United We Serve" initiative has designated Aug. 31 through Sept. 6 as "Interfaith Service Week." The week honors efforts of faith-based organizations working across religious lines to strengthen communities...

Consent Order Settles Suit On In-School Posters Announcing Prayer Events

Posted on September 02, 2009
In May, a Tennessee federal district court issued a preliminary injunction barring Wilson County (TN)'s Lakeview Elementary School from enforcing a broadly written school speech policy to suppress religious references on posters made by students and parents to publicize "See You At the Pole" and National Day of Prayer events at the school...

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Q&A On Faith Healing and the Law Posted

Posted on September 02, 2009
The Pew Forum on Monday posted a Q&A interview on Faith Healing and the Law featuring George Washington University Professor Robert W. Tuttle. Among other issues, Tuttle reflects on the Establishment Clause questions posed by state law exemptions from abuse and neglect statutes for those who rely on faith healing for their children.

Former Miss California Sues Claiming Religious Discrimination

Posted on September 01, 2009
Former Miss California USA, Carrie Prejean, yesterday filed a lawsuit in a California state court against Miss California pageant officials accusing them of religious discrimination, as well as defamation , disclosure of private medical facts and intentional and negligent infliction of emotional distress...

Scotish Tribunal Asks European Court If Volunteer Is Covered By Discrimination Directive

Posted on September 01, 2009
In Scotland, a Glasgow employment tribunal has ruled that a case should be referred to the European Court of Justice for a preliminary determination of whether EU's employment discrimination directive applies to a volunteer. Today's Scotsman reports on the religious discrimination charges filed by Church of Scotland minister Mahboob Masih, who for six years co-hosted a radio show for Awaz FM on a voluntary basis...

6th Circuit Rejects Discrimination Claim, But Finds Standing For Funding Challenge

Posted on September 01, 2009
In Pedreira v. Kentucky Baptist Homes For Children, Inc., (6th Cir., Aug. 31, 2009), the U.S. 6th Circuit Court of Appeals ruled on two separate groups of claims against KBHC, a faith-based agency providing residential treatment facilities and other services for abused and neglected children...

Resignation of Scranton Bishops May Reflect Rejection of Anti-Obama Wing

Posted on September 01, 2009
At a press conference (video) yesterday, the Catholic diocese of Scranton, Pennsylvania announced that 63-year old Bishop Joseph F. Martino has resigned for health reasons. (Full text of Bishop Martino's statement.) Also retiring is 77-year old Auxiliary Bishop John M...

Suit Challenging "40 Developmental Assets" Program Is Settled

Posted on September 01, 2009
Last October, a federal district court rejected an Establishment Clause challenge to the Cherry Creek, Colorado School District's "40 Developmental Assets" program. (See prior posting.) In a suit brought by Freedom from Religion Foundation, plaintiffs objected to one of the 40 positive behaviors that parents were encouraged to build in their children-- encouraging children to spend one or more hours per week in activities in a religious institution...

3rd Circuit: Harassment Case Alleges Sexual Orientation, Not Religious, Discrimination

Posted on September 01, 2009
In Prowel v. Wise Business Forms, Inc., (3d Cir., Aug. 28, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim by plaintiff who alleged that his employer harassed him because he did not conform to his co-workers' religious beliefs...

Civil Rights Division Will Return To Traditional Agenda Without Ending Religious Discrimination Initiatives

Posted on September 01, 2009
Today's New York Times reports that U.S. Attorney General Eric Holder is pressing major changes in the Justice Department's Civil Rights Division by refocusing on its traditional role that emphasized racial discrimination cases. The Division will again focus on high-impact cases involving voting rights, housing, employment discrimination, bank lending and Congressional redistricting...

Christian Groups May Not Intervene To Challenge Plan B Decision

Posted on September 01, 2009
A New York federal district court has denied a motion by three conservative Christian groups to intervene in a lawsuit in order to challenge a ruling by the court requiring the Food and Drug Administration to make Plan B emergency contraceptives available to 17-year olds without a prescription...

Court Says Injunction Request Is Moot In Suit Against History Teacher

Posted on September 01, 2009
In C. F. v. Capistrano Unified School District, 2009 U.S. Dist. LEXIS 76932 (CD CA, July 27, 2009), a California federal district court refused to grant injunctive and declaratory relief to a high school student and his parents in their suit against high school history teacher James Corbett...

Parishioners Come Armed To Defend Pastor Who Prays For Obama's Death

Posted on August 31, 2009
In Tempe, Arizona yesterday, members of the Faithful Word Baptist Church came to services armed with guns after Pastor Steven Anderson said he and his congregation have received death threats. The threats came in response to a sermon by Anderson earlier this month titled "Why I Hate Barack Obama", in which Anderson said that he prays for Obama's death...

Paper Explores Different Takes on Rifqa Bary's Case In Florida

Posted on August 31, 2009
Yesterday's Orlando (FL) Sentinel carries a long article giving a different perspective on the family of Rifqa Bary, the 17-year old girl who fled her parents' home in Columbus, Ohio after converting from Islam to Christianity. The girl says her father threatened to kill her because she converted...

High School Band T-Shirt Pulled Back After Evolution Theme Draws Complaints

Posted on August 31, 2009
In Sedalia, Missouri, T-shirts promoting the Smith-Cotton High School band's fall program have been pulled back by school officials after complaints from some parents. Yesterday's Springfield (MO) News-Leader reports that the T-shirts feature an image of a monkey progressing through various stages of evolution to eventually become a human being...

Space Shuttle Carries Relic From Historic Christian Missionary Aviation Episode

Posted on August 31, 2009
The U.S. space shuttle Discovery docked with the international space station yesterday, bringing equipment, food and new laboratory equipment. (Reuters.) While a great deal of attention has been given to the new treadmill (named after Comedy Central television host Stephen Colbert) which was on board Discovery, less attention has been given to another item taken along on the trip...

Muslim Man Complains Probation Service In Britain Refuses Religious Accommodation

Posted on August 31, 2009
In Birmingham, England, a Muslim man-- once active in the Conservative Party-- is objecting to the way he is being treated by the West Midlands Probation Service. Yesterday's Birmingham Mail reports that 43-year old Gulfram Khan was sentenced to a total of 270 hours of community service on two separate charges...

Recent Articles and Book of Interest

Posted on August 31, 2009
From SSRN:Brian Michael McCall, The Architecture of Law: Building Law on a Solid Foundation the Eternal and Natural Laws, (August 26, 2009).Bernadette A. Meyler, Commerce in Religion, (Notre Dame Law Review, Vol. 84, No. 2, 2008).Bernadette A. Meyler, Summum and the Establishment Clause, (Northwestern University Law Review Colloquy, Vol 104, p...

EEOC Says Meatpacker Should have Adjusted Break Times For Muslim Workers

Posted on August 30, 2009
According to an announcement on Friday by CAIR-Chicago, the U.S. Equal Employment Opportunity Commission has concluded that Swift Co. violated Title VII of the 1964 Civil Rights Act when it refused to accommodate a request by Somali Muslim employees at its Grand Island, Nebraska meatpacking plant for adjustments in their break schedules...

Minnesota Investigating Use Of Lease Aid Funds By Charter School

Posted on August 30, 2009
Yesterday's Minneapolis Star Tribune reports that, in its latest encounter with the Tarek ibn Ziyad Academy, the Minnesota Department of Education is investigating whether the charter school improperly used state funds to subsidize mosques on its two campuses...

Recent Prisoner Free Exercise Cases

Posted on August 30, 2009
In McBride v. Frank, 2009 U.S. Dist. LEXIS 74284 (ED WI, Aug. 21, 2009), a Wisconsin federal district court held that an inmate was barred from relitigating his claim that his free exercise rights were violated by a denial of religious materials while in segregation...

Ted Kennedy Laid To Rest; His Complex Relationship With Catholic Church Is Explored

Posted on August 30, 2009
A funeral mass (background) was recited yesterday for Sen. Edward M. Kennedy (Boston Herald), with Cardinal Sean P. O?Malley, archbishop of Boston, in attendance (Boston Globe). Kennedy has been described by Tim Rutten in the Los Angeles Times as "America's most famous Catholic politician and its most visible link to the bonds of identity and solidarity that have for so long joined Catholics to the Democratic Party...

Iowa School District's Religion Policy Is Being Redrafted

Posted on August 29, 2009
Last month (as reported by the National Examiner) the Spencer, Iowa school board proposed a draft policy on Religious Liberty in Spencer Community Schools. (Full text of proposal, Word doc.) The policy would have protected student and staff religious expression, student distribution of religious material and would have added two new courses to the high school curriculum: "The Bible in History and Literature" and "Critic [sic...

School District's Mission Statement Challenged For Including Belief in God

Posted on August 29, 2009
The Freedom from Religion Foundation announced on Wednesday that it has written the Lake Local School District in Uniontown, Ohio to complain about the school district's mission statement which reads: We Value: Responsibility, honesty, respect, integrity, commitment, belief in God and religious freedom, our community, our partnerships, and every person as a unique individual with the ability to acquire and apply knowledge...

Michigan School Board Reinstitutes "Christmas Break"

Posted on August 28, 2009
The Petoskey, Michigan School Board, during a closed portion of its August 18 meeting, voted unanimously to change the school calendar so that "Winter Holiday Break" is now called "Christmas Break." The Petoskey News-Review last week reported that the change was made in response to an e-mail (full text) from the Board's treasurer, Jack Waldvogel...

EEOC Sues Company That Refused Alternative Drug Test For Employee

Posted on August 28, 2009
The EEOC on Wednesday filed a Title VII religious discrimination lawsuit against GKN Driveline North America, Inc., a Sanford, North Carolina automotive components company. According to Industry Week, the lawsuit charges that the company refused to accommodate an employee's religious beliefs...

Justic Ginsburg Denies Petition For Stay By Bridgeport Catholic Diocese

Posted on August 28, 2009
Last May, the Connecticut Supreme Court granted the request of four newspapers for release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) On motion of the Bridgeport Roman Catholic Diocese, the Connecticut Supreme Court issued a stay until the U...

Malaysia Bars Muslims From Attending Concert Sponsored By Guinness

Posted on August 28, 2009
In Malaysia, government regulations prohibit concerts from being sponsored by makers of alcoholic beverages. CBC News yesterday reported that an exception to the rule was made for a concert by the hip-hop group, Black Eyed Peas, to be sponsored next month in Kuala Lumpur by the Irish beer company Guinness...

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