Religion & Law

Pope "Gently Fires" Officials Responsible For Lifting Excommunication of Holocaust Denier

Posted on July 09, 2009
Zenit, the National Catholic Reporter and the London Mail all report that yesterday at the Vatican, the other shoe dropped in the embarrassing lifting by Pope Benedict XVI of the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson...

Massachusetts Sues Challenging Constitutionality of DOMA

Posted on July 09, 2009
Yesterday the state of Massachusetts filed suit in federal district court challenging the constitutionality of the federal Defense of Marriage Act (DOMA). The complaint (full text) in Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, (D MA, filed 7/8/2009), alleges that in enacting the law, the federal government violated the 10th Amendment and exceeded its powers under the Spending Clause...

California Cities Welcome Sikh Police Officers

Posted on July 08, 2009
The Sikh American Legal Defense Fund today announced that six California police departments have reaffirmed their commitment to equal employment opportunities for Sikhs. Their religiously mandated turbans and uncut hair will not be impediments to their being hired...

Yankees Settle Lawsuit Over Restrictions During Playing of "God Bless America"

Posted on July 08, 2009
The New York Times and AP reported yesterday that a federal lawsuit filed last April against the New York Yankees and the city of New York has been settled. Plaintiff, Bradford Campeau-Laurion, claimed he was the victim of religious and political discrimination when a police officer enforced a policy of restricting fan movement during the playing of "God Bless America"-- a song played during the 7th inning stretch at Yankee baseball games...

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Pope Issues Encyclical On Globalization and Econmic Development

Posted on July 08, 2009
Yesterday, on the eve of the G-8 economic summit in Italy, Pope Benedict XVI issued his third encyclical, Caritas in Veritate (Charity in Truth). The document includes extensive discussion of issues relating to global economic development. The Vatican also issued a summary synthesizing the highlights of the longer document...

In Louisiana, Catholic Death-Row Inmates Will Have Access To Mass

Posted on July 07, 2009
Catholic prisoners on death row at Louisiana's maximum-security state penitentiary at Angola will now have an opportunity to celebrate mass. Yesterday's New Orleans Times-Picayune reports on a settlement reached in a lawsuit brought by the ACLU on behalf of death-row inmate Donald Lee Leger who objected that mostly Baptist religious services were shown on television sets...

Turkey's Government Unhappy With Planned Reality TV Show Aimed At Conversion

Posted on July 07, 2009
Turkey's Religious Affairs Directorate is refusing to send an imam to appear on a new reality television program being launched in September by Istanbul-based television station Kanal T. Reuters last Friday reported that the planned show, Penitents Compete, will feature a rabbi, an imam, a priest and a Buddhist monk, each of whom will try, on camera, to convert ten atheists...

Malaysian Court Says Art Director Died A Muslim-- No Jurisdiction To Hear Family's Objections

Posted on July 07, 2009
In Malaysia, the Selangor High Court has ruled that art director Mohan Singh will be buried according to Muslim rites by the Selangor Islamic Religious Council (Mais). Today's New Straits Times reports on the complicated decision. Mohan died May 25, and his family claimed he was a practicing Sikh...

Britain's International Development Program Will Double Aid To Faith-Based Groups

Posted on July 07, 2009
Ekklesia reports that a White Paper issued yesterday by Britain's Department for International Development promises to double the funding for faith-based groups providing international aid. The report, titled Building Our Common Future, promises (at Sec...

IRS Delay In Granting Tax-Exempt Status Questioned

Posted on July 07, 2009
A press release issued yesterday by the Thomas More Law Center questions the propriety of a delay by the Internal Revenue Service in granting tax exempt status to the Coalition for Life of Iowa. The IRS has questioned the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities...

Suit Challenges Ten Commandments On Display In Kentucky Courthouse

Posted on July 07, 2009
A federal lawsuit was filed last week challenging the display of the Ten Commandments in the courthouse in yet another Kentucky county. Yesterday's Lexington (KY) Herald-Leader reports that the ACLU has sued Jackson County and Judge-Executive William O...

Air Force Rejects Flyover Request For Rally Sponsored By Christian Group

Posted on July 06, 2009
For the first time in 42 years, the U.S. Air Force has refused a "flyover request" for the "God and Country Rally" sponsored by the Christian Defense Coalition over the July 4 weekend. (Coalition Press Release.) The Pentagon's e-mail message (full text) rejecting the request says in part: "Air Force and DoD policy prohibit support for events which appear to endorse, selectively benefit, or favor any special interest group, religious or ideological movement...

Israel's President Addresses Interfaith Conference In Kazakhstan

Posted on July 06, 2009
Last week, Israel's President Shimon Peres delivered the keynote address (full text) at an Interfaith Conference in Kazakhstan attended by hundreds of Muslim leaders from the Middle East and around the world, as well as by Israel's chief rabbis. (Background...

Group Sues To Get Kentucky "In God We Trust" License Plate

Posted on July 06, 2009
AP yesterday reported that a Kentucky group, Reclaim Our Culture Kentuckiana (ROCK), has filed a lawsuit challenging the rejection of its application to sponsor a special "In God We Trust" state license plate. The state's Transportation Cabinet rejected the request partly because ROCK promotes "a specific faith or religious position...

Upgrade of Russia-Vatican Relationships Is In the Works

Posted on July 06, 2009
According to AFP, Russian President Dmitry Medvedev told Italian media yesterday that Russia is considering upgrading its relations with the Vatican to full diplomatic relations. The Russian Orthodox Church has, both historically and recently, had somewhat tense relationships with the Catholic Church...

Recent Articles and Forthcoming Books of Interest

Posted on July 06, 2009
From SSRN:Suzie Chiodo, Big M, Little Freedom: Accommodating Religion in a Secular Society, (June 22, 2009).Sadiq Reza, Islam?s Fourth Amendment: Search and Seizure in Islamic Doctrine and Muslim Practice, (Georgetown Journal of International Law, Vol...

BJC Publishes Analysis of Sotomayor's Religion Decisions

Posted on July 06, 2009
The Baptist Joint Committee for Religious Liberty has published a new report evaluating the free exercise and establishment clause opinions written by Supreme Court nominee Judge Sonia Sotomayor (download of full text). It concludes: While Sotomayor?s written record raises no red flags, it also fails to provide complete assurance to those who are most concerned about our fragile religious freedom rights...

British Chief Rabbi Criticizes Court's Decision On Admission To Jewish Schools

Posted on July 05, 2009
Britain's Chief Rabbi, Sir Jonathan Sacks, writes in last Thursday's Jewish Chronicle, sharply criticizing an appellate court decision that struck down the admissions policy of a publicly-funded Jewish school in London. The Court of Appeal held that JFS, by following the traditional Orthodox definition of who is a Jew, engaged in "racial" discrimination rather than in admissions based on religious preferences...

Court Orders Sikh Temple Directors To Disclose Contact Information

Posted on July 05, 2009
An election last year at the Sikh Temple Gurdwara in Yuba City, California brought in new directors who promised reform. Today's Marysville (CA) Appeal-Democrat reports on a state trial court decision last week that requires the Temple's 73 directors to furnish their addresses, phone numbers and e-mail contacts before meeting again...

Recent Prisoner Free Exercise and Establishment Clause Cases

Posted on July 05, 2009
In Cook v. Long, 2009 U.S. Dist. LEXIS 54159 (ED MO, June 3, 2009), a Missouri federal district court rejected an inmate's claim that 1st Amendment free exercise rights were infringed because he was allowed only one magazine subscription.In Strope v. McKune, 2009 U...

10th Circuit Rejects Parents' Claim of Religious Bias In Child Neglect Proceeding

Posted on July 05, 2009
In Starkey v. Boulder County Social Services, (10th Cir., June 29, 2009), the U.S. 10th Circuit Court of Appeals rejected claims by parents that their free exercise and substantive due process rights were violated when Boulder County, Colorado child welfare officials placed their 3 children in foster care...

Court Rejects Street Preacher's Suit Against Police

Posted on July 05, 2009
In Decker v. City of Athens, 2009 U.S. Dist. LEXIS 55348 (ED TN, June 29, 2009), a Tennessee federal district court dismissed a street preacher's 1st Amendment claims against the city of Athens, Tennessee and two of its police officers. Police officers insisted that James Decker and his daughter, who were preaching and displaying signs, move back from the curb to continue...

Newspaper Examines Workings Of British Sharia Courts

Posted on July 04, 2009
Today's London Daily Mail carries a long article on the workings of Britain's Islamic Sharia Council. This is the first time that a newspaper has been granted access to observe the full sharia legal process in Britain. The article says in part: Sharia has been operating here, in parallel to the British legal system, since 1982...

Court Dismisses Defamation Claims By Islamic Groups Against Internet Writer

Posted on July 04, 2009
In Kaufman v. Islamic Society of Arlington, (TX Ct. App., June 25, 2009), a Texas state appellate court dismissed a defamation action brought by a group of Islamic organizations brought against the author of an article published on an Internet website...

Obama Meets With Catholic Press Ahead of Vatican Visit

Posted on July 03, 2009
Yesterday President Barack Obama met with eight members of the Catholic press ahead of his planned meeting with Pope Benedict XVI next Friday. Obama will be in Italy for the Group of Eight meeting after visiting Russia earlier in the week. (AFP report on trip...

Final Rules for British Teachers Modified After Religious Objections To Diversity Standards

Posted on July 03, 2009
On Wednesday, the General Teaching Council for England announced the adoption of a new Code of Conduct and Practice for Registered Teachers. It contains 8 principles aimed at helping children learn and promoting cooperation with other professionals and parents...

Liberal Christian Groups Increase Activism on Public Issues

Posted on July 03, 2009
The Wall Street Journal today reports on a new political activism by progressive and liberal Christians. For example, a recent ad campaign by the American Values Network on Christian and country music stations in ten states encouraged support for federal legislation to limit greenhouse gas emissions, framing support in religious terms...

Religious Groups Kept Out of Challenge To Canadian Prostitution Laws

Posted on July 03, 2009
In Canada, an Ontario trial court judge has refused to permit the Christian Legal Fellowship and the Catholic Civil Rights League (as well as a conservative women's group, REAL Women of Canada) to intervene in a case challenging the constitutionality of several of Ontario's anti-prostitution laws...

7th Circuit Holds No Damage Claims Against States Under RLUIPA

Posted on July 03, 2009
In Nelson v. Miller, (7th Cir., July 1, 2009), the 7th Circuit joined the 4th and 5th Circuits in holding tht states did not waive their sovereign immunity for damage actions in prisoner claims under RLUIPA by accepting federal funds. The 11th Circuit has taken an opposite position...

Fiduciary and Arizona AG Oppose Proposed UEP Trust Settlement

Posted on July 02, 2009
Reports from KSL News and Dallas Morning News yesterday indicate renewed disagreement over how to reform the United Effort Plan Trust which holds property of FLDS church. Last month, Utah's attorney general proposed a settlement in the proceedings in which a Utah court is attempting to reform the trust...

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