Religion & Law

Vatican Tribunal Consultant Says Gov. Cuomo Should Be Denied Communion

Posted on February 23, 2011
CNS News Monday reported comments by Dr. Edward Peters, a consultant to the Apostolic Signatura, the Catholic Church's highest judicial tribunal, criticizing Albany, New York Bishop Howard Hubbard for giving communion at Mass to New York Governor Andrew Cuomo...

Two States Propose New Limits On Religious Exemptions To Immunization Requirements

Posted on February 22, 2011
Natural News today reports on proposed legislation in Washington state and New Jersey that would place new limits on religious exemptions from mandatory vaccination requirements.Washington SB 5005 would require that applications for religious, philosophical or medical exemptions include a statement by a health care practitioner that the parent or guardian has been informed of the benefits and risks of immunization to the child...

Felony Enhancement For Church Burglary Does Not Violate Establishment Clause

Posted on February 22, 2011
In Burke v. State of Indiana, (IN App., Feb. 21, 2011), the Indiana Court of Appeals upheld the constitutionality of a provision that enhances burglary to a Class B felony if the building involved was one that is used for religious worship.  The court rejected a federal Establishment Clause challenge, finding that the statute has secular purposes-- churches traditionally have less security measures, society finds such crimes more repulsive and these offenders take more time to rehabilitate...

Indian Court Convicts 31 Muslims, Acquits 63, In 2002 Attack on Hindus

Posted on February 22, 2011
A court in India's state of Gujarat has found 31 Muslims guilty of murder and criminal conspiracy in the 2002 attack in which they torched an express train carrying Hindu activists who were heading to build a temple on a disputed site.  The attack killed 59 and set off counter-riots in Gujarat that killed over than 1000 Muslims...

To access this complete feed in the blog feed reader login or register for free.

Recent Articles of Interest

Posted on February 21, 2011
From SSRN:Anver M. Emon, The Quadrants of Shari'a: The Here and Hereafter as Constitutive of Islamic Law, (Roads to Paradise, Todd Lawson, Sebastian Geunther, eds., Brill Publications, 2011).Anver M. Emon, On Islam and Islamic Natural Law: A Response to the International Theological Commission's 'Look at Natural Law', (Searching for a Universial Ethic, John Berkman, William C...

Tunisia Now Faces Question of Role of Islam In New Government

Posted on February 21, 2011
Today's New York Times reports that Tunisia, in the wake of its successful revolution, now faces questions of the role of Islam in politics. Many in the traditionally secular and socially liberal country fear that conservative forces will press for infusing Islam into government...

Using Prison Chapel As Courtroom Violates Establishment Clause; But Harmless Error

Posted on February 20, 2011
Jones County, Texas has designated the Chapel at the French Robertson Unit of the Department of Criminal Justice as a branch courthouse. It is used for non-jury proceedings when French Roberson inmates are charged with offenses.  In Lilly v. State of Texas, (TX App...

Rabbi Gets 4 Years For Extortion; Lower Than Max Based on "Good Works"

Posted on February 20, 2011
Friday's New York Daily News reports that a New York federal district court judge has sentenced 64-year old Rabbi Milton Balkany to 4 years in prison for extorting $4 million in contributions to two religious schools from a hedge fund.  Balkany sought the funds in exchange for telling a prisoner he was counselling not to report insider trading to authorities...

Moderate Islamic Party Recognized In Egypt

Posted on February 20, 2011
Bikyamasr today reports that the first political party to be offically recognized since President Hosni Mubarak's resignation is al-Wasat al-Gadeed, a moderate Islamic party that broke off from the Muslim Brotherhood.  The party, founded in 1996, has a centrist platform and believes in translating principles of Islam into a liberal democratic system...

Recent Prisoner Free Exercise Cases

Posted on February 20, 2011
In Knox v. Bland, (10th Cir., Feb. 14, 2011), the 10th Circuit rejected an inmate's claim that his constitutional rights were violated when a state court refused to grant his petition to change his name for religious reasons to Ali Ishmael Mandingo Warrior Chief...

HHS Narrows Health Care Workers' Conscience Protections

Posted on February 19, 2011
In late 2008, the Department of Health and Human Services adopted a broad set of regulations to protect health care providers who have moral or religious objections to performing various health care services. (See prior posting.) Lawsuits were quickly filed challenging the rule as, among other things, interfering with a woman's right to contraceptive and reproductive health care services...

Spruce Serving As National Christmas Tree Felled By High Winds

Posted on February 19, 2011
The New York Times reports that high winds which swept through Washington, DC today felled the 40-foot tall Colorado blue spruce growing on the Ellipse behind the White House. The tree has served as the National Christmas Tree since 1978.  Every year the National Christmas Tree is lit by the President in a widely broadcast ceremony...

Fired Manager Wins Religious Discrimination Lawsuit Against Aviation Company

Posted on February 19, 2011
In a San Antonio, Texas state trial court yesterday, the former manager of a fueling and concierge service for private jets won a religious discrimination lawsuit against Mark Fessler, president of the company, and Fessler's father, a part owner of the business...

French Leaders Plan Debate on Role of Islam in the Country

Posted on February 18, 2011
Reuters and France 24 report that France's governing UMP party plans to lead a debate beginning in April on the role Islam in light of France's tradition of secularism-- an issue that promises to be a major focus in France's 2012 election campaign. Last week French president Nicolas Sarkozy said that multiculturalism in France had failed...

Religious Leaders Object To Planned House Hearings On Radicalization of U.S. Muslims

Posted on February 18, 2011
Think Progress reported yesterday that over 80 leaders of Catholic, Protestant, Jewish, Muslim and Hindu congregations on Long Island have signed a letter (full text) to U.S. Rep. Peter King, chairman of the House Homeland Security Committee, asking him to cancel a planned congressional hearing into radicalization of the American Muslim community...

Hawaii Senate Passes and Sends To Governor Bill Authorizing Civil Unions

Posted on February 18, 2011
The Hawaii Senate on Wednesday by a vote of 18-5 passed and sent to the governor for his signature SB 232, a bill authorizing same-sex (as well as opposite-sex) civil unions in the state.  The Honolulu Star Advertiser reports that Gov. Neil Abercrombie has promised to sign the bill into law...

DOJ May Intervene To Defend RLUIPA In Connecticut Zoning Case

Posted on February 18, 2011
Yesterday's Hartford Courant reports that the U.S. Department of Justice's Civil Division is seeking approval from the Solicitor General's office to intervene to defend the constitutionality of the Religious Land Use and Institutionalized Persons Act which is being challenged by defendants in a Connecticut federal district court lawsuit...

Canadian Cabbie Loses Challenge To Fines For Displaying Religious Items

Posted on February 18, 2011
In Canada yesterday, according to the Toronto Globe and Mail, a Montreal municipal court judge upheld over constitutional attack four tickets given to cab driver Arieh Perecowicz for violating a Bureau du taxi rule that bars drivers from having items or inscriptions in their cab that are not necessary for the cab to be in service...

Opposition to Ahmadiyah Creates Continued Political Division In Indonesia

Posted on February 18, 2011
In Jakarta, Indonesia today, 500 people joined a rally organized by the Islamic Defenders Front calling for the disbanding of the Ahmadiyah sect. According to the Jakarta Post, protesters said they would force the President to resign if he did not disband the sect that is considered heretical by other Muslims because it does not believe that Muhammad was the final prophet...

Cert. Filed In Challenge To San Francisco's Resolution Criticizing Catholic Church's Adoption Stance

Posted on February 18, 2011
A petition for certiorari (full text) was filed with the U.S. Supreme Court on Tuesday in Catholic League for Civil and Political Rights v. City and County of San Francisco. The case involves an Establishment Clause challenge to a Board of Supervisors resolution criticizing Cardinal Levada for directing Catholic Charities to end adoption placement in same-sex households...

California High Court Accepts Certified Question On Standing In Prop 8 Challenge

Posted on February 17, 2011
Last month in Perry v. Schwarzenneger -- the challenge to the constitutionality of California's Proposition 8 that bars same-sex marriage-- the U.S. 9th Circuit Court of Appeals certified to the California Supreme Court the question of whether under California law "official proponents of an initiative measure" have, under state law, a sufficient interest to give them standing to defend the constitutionality of the initiative when the public officials refuse to do so...

New Poll Reveals American Attitudes Toward U.S. Muslim Community

Posted on February 17, 2011
Public Religion Research Institute yesterday announced the results of a poll (full results) of 1,015 adults completed last week seeking the views of Americans on the Muslim community in the U.S.  The poll reveals that 56% of Americans say that upcoming Congressional hearings on alleged extremism in the American Muslim community are a good idea...

9th Circuit Says Substantial Burden Under RLUIPA Can Be Imposed By Neutral Zoning Law

Posted on February 17, 2011
In International Church of  the Foursquare Gospel v. City of San Leandro, (9th Cir., Feb. 15, 2011), the U.S. 9th Circuit Court of Appeals reversed the district court and held that a city's zoning decision made under a neutral, generally applicable zoning law can impose a "substantial burden" on a church's exercise of religion under RLUIPA...

2nd Circuit Upholds Dismissal of Street Preacher's Challenge To Noise Ordinance

Posted on February 17, 2011
In Costello v. City of Burlington, (2d Cir., Feb. 14, 2011), the U.S. 2nd Circuit Court of Appeals upheld, as applied, Burlington, Vermont's noise ordinance that was invoked by a police officer to issue a written warning to plaintiff, a street preacher, who was preaching in a loud voice outside places of business on a pedestrian mall...

Many of Diocese's Claims Challenging Refusal To Allow Cemetery Development Are Dismissed

Posted on February 16, 2011
In Roman Catholic Diocese of Rockville Centre, New York v. Incorporated Village of Old Westbury, 2011 U.S. Dist. LEXIS 14268 (ED NY, Feb. 14, 2011), a New York federal district court dismissed many, but not all, of the claims growing out of a town's refusal to allow the Catholic Diocese to develop of a parcel of land as a cemetery...

Criminal and Civil Charges Generated By Philadelphia Grand Jury Sex Abuse Report

Posted on February 16, 2011
In Philadelphia (PA) last week, a grand jury released a 128-page report (full text) on its investigation of sexual abuse by clergy and employees of the Catholic archdiocese of Philadelphia. According to an accompanying press release: "The report recommended that the Archdiocese of Philadelphia overhaul its procedures for assisting victims and for removing from ministry priests accused of molesting minors...

Church Sues NY Port Authority Over Ground Zero Reconstruction Plans

Posted on February 16, 2011
According to CNN, a federal lawsuit was filed Monday in Manhattan against the Port Authority of New York and New Jersey by the Greek Orthodox Archdiocese of America and St. Nicholas Church.  The church, which was located at Ground Zero, was destroyed in the collapse of the Twin Towers on 9-11...

Church Sues Over Denial of Zoning Permit

Posted on February 16, 2011
A lawsuit was filed last week in a Georgia federal district court by a predominately African-American Christian church against Coweta County (GA) charging that the county's denial of a conditional use permit for the church to build a place of worship on property it purchased violated RLUIPA as well as various provisions of the 1st and 14th Amendments...

Egypt's Constitution Revision Panel Appointed; Impact On Religious Pluralism Is Uncertain

Posted on February 16, 2011
Egypt's military council yesterday selected an 8-member committee to quickly recommend revisions to the country's constitution. Chairman of the revision committee is Tareq el-Bishri, a former judge and prominent historian.  Other members are: Sobeh Saleh, a lawyer, former member of Parliament and a member of the Muslim Brotherhood; Maher Samy Youssef, a Coptic Christian judge; two other judges-- Hassan El Badrawi and Hatem Bagatou; and three law professors-- Mohamed Hassaneim Abdel Al, Mahmoud Atef El Bana and Mohamed Bahey Abou Younis...

Egypt's Muslim Brotherhood Planning Non-Religious Islam-Based Party, But No Presidential Candidate

Posted on February 15, 2011
London's Financial Times today reports that in Egypt, the Muslim Brotherhood has announced that if legal restrictions against it are lifted it will set up a political party, but will not run a candidate for president. A leader of the Brotherhood says that the proposed party will have Islam as a frame of reference, but will not be a religious party...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.