Religion & Law

Saudi King Moving To Reform Legal System

Posted on December 11, 2010
An analysis published yesterday by Gerson Lehrman Group reports that Saudi Arabia's King Abdullah is making progress in pushing through sweeping legal reform and codification to meet World Trade Organization and human rights standards.  The move which attempts to restrict fatwas and codify Islamic legal rules is designed to encourage foreign investment, standardize legal practice and grant enforcement powers to the courts...

11th Circuit: No Bar On Private Employer Keeping Workplace Free of Religious Symbols

Posted on December 11, 2010
 Dixon v. Hallmark Companies, Inc., (11th Cir., Dec. 9, 2010), involved a clash between owners of a federally assisted apartment complex that had a policy barring religious items from being displayed in the building's management office, and the husband and wife maintenance technician and on-site property manager who objected to the policy...

President Delivers Remarks At National Christmas Tree Lighting

Posted on December 10, 2010
President Obama yesterday delivered remarks (full text) at the lighting of the National Christmas Tree on The Ellipse. He said in part:each year, we have gathered here. Each year we?ve come together to celebrate a story that has endured for two millennia...

Court Upholds Monastery's Copyright Claims Against Former Member

Posted on December 10, 2010
In Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory, (D MA, Dec. 3, 2010), a Massachusetts federal district court upheld copyright infringement claims brought by an Orthodox monastery against Archbishop Gregory,  a former member of the monastery...

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Kentucky Will Bar Religious Theme Park From Hiring On Basis of Religion If It Gets Tax Incentives

Posted on December 10, 2010
As previously reported, Kentucky Gov. Steve Beshear is supporting an application by a proposed Noah's Ark theme park for participation in the state's sales tax rebate program for tourism development projects.  Yesterday's Louisville Courier Journal reports that Beshear says he is insisting that the contract with Ark Encounter bar it from receiving tax incentives if it discriminates on the basis of religion (or otherwise) in its hiring...

Atheist and Catholic Groups Compete Over Holiday Displays

Posted on November 26, 2010
A press release from American Atheists issued on Tuesday describes the latest jousting over holiday displays between the Atheist group and a Catholic organization that wants nativity scenes displayed this year in all 50 state capitols:The Catholic League for Religious and Civil Rights announced over the weekend that it was purchasing and shipping the displays along with a letter to every governor claiming that the crèches would pass constitutional muster...

White House Receives Report Urging More Faith-Based Involvement In Health and Development

Posted on November 26, 2010
On Tuesday, over 80 religious leaders and Obama administration officials gathered at the White House to receive a report from the newly formed Global Initiative for Faith, Health and Development. (OFNP Press release .) An 83-member international task force prepared the report which lays out a framework for engaging faith communities in advancing the cause of health and development...

Facebook Helps Israeli Army Find Women Falsely Claiming Religious Military Exemption

Posted on November 26, 2010
In Israel last Monday two Knesset (Parliament) committees held hearings on the exemption from military service granted to religiously observant Jewish women under present law.  According to the Jerusalem Post, women may obtain an exemption by signing a declaration that they maintain a religious life style, including not traveling on the Sabbath and eating only kosher food...

Quebec Court Permits Class Action In Clergy Sex Abuse Case

Posted on November 26, 2010
In the Canadian province of Quebec, a Superior Court judge has for the first time in Quebec approved the filing of a class action on behalf of clergy sex abuse victims. Yesterday's Montreal Gazette reports that the suit has been brought against a religious order, Congregation du Tres-Saint-Redempteur, on behalf of all students of Seminaire Saint-Alphonse, in Ste...

BritishTeen Charged After Facebook Posting of Her Burning Qur'an

Posted on November 26, 2010
The London Guardian yesterday reported that a 15-year old girl from a town near Birmingham has been arrested on suspicion of inciting religious hatred after she posted on Facebook a video of her burning an English language translation of the Qur'an. She has been released on bail...

Court Rejects Challenges By Members To Their Expulsion From Religious Organization

Posted on November 26, 2010
In Khan v. Fiji Jamaat-Ul Islam of America, (CA Ct. App., Nov. 23, 2010), a California appellate court rejected a challenge by two individuals to their expulsion from membership in a religious organization by the organization's board.  The court said:Here, the lower court found that Fiji Jamaat?s evidence established a deliberative process that was religious in nature...

Iranian Christian Pastor Sentenced To Death For Apostasy

Posted on November 25, 2010
According to BosNewsLife, in Iran on Tuesday the 11th Chamber of the Assize Court in Gilan province sentenced Christian pastor Yousef Nadarkhani to death by hanging for apostasy.  Nadarkhani was born a Muslim, but converted to Christianity at age 19...

President Obama Issues Thanksgiving Proclamation

Posted on November 25, 2010
On Tuesday the White House issued a Presidential Proclamation declaring today as a "National Day of Thanksgiving." The Proclamation reads in part:Thanksgiving Day is a time each year, dating back to our founding, when we lay aside the troubles and disagreements of the day and bow our heads in humble recognition of the providence bestowed upon our Nation...

Vatican Objects To Ordination In China

Posted on November 25, 2010
As reported by CNS, yesterday the Vatican issued a statement (full text) denouncing China for ordaining Rev. Joseph Guo Jincai without consent of the Vatican. Dozens of government officials attended the Mass at which 8 current bishops participated in the ordination...

Florida County Sues Homeowners Association Charging Religious Discrimination

Posted on November 25, 2010
On Tuesday, Hillsborough County, Florida filed a federal lawsuit against the Lake St. Clair Homeowners Association in Apollo Beach charging discrimination against an Orthodox Jewish homeowner who was a member of the association.  According to today's St...

7th Circuit: Baha'i Groups Not Bound By Old Trademark Injunction

Posted on November 24, 2010
In National Spiritual Assembly of Baha'is of the United States of America Under the Hereditary Guardianship, Inc. v. National Spiritual Assembly of Baha'is of the United States of America, Inc., (7th Cir., Nov. 23, 2010), the 7th Circuit Court of Appeals refused to apply a 1966 injunction in a trademark infringement case to defendant religious groups finding that they were not in sufficient privity with the original defendants to be covered by the 40-year old injunction...

Apartments Not Covered By Historic Preservation Exemption For Religious Property

Posted on November 24, 2010
In Or Khaim Hashalom v. City of Santa Monica, (CA App., Nov. 22, 2010), a California appellate court held that an apartment complex did not qualify for the exemption from historic preservation designation granted by state law to non-commercial property owned by a religious organization...

OSCE Releases 2009 Hate Crimes Report

Posted on November 24, 2010
Yesterday the Organization for Security and Cooperation in Europe released its 2009 report on "Hate Crimes in the OSCE Region-- Incidents and Responses."  A release from Human Rights First called hate crimes a "serious challenge" for governments in the region...

No Private Action Under Federal Statute Barring Discrimination Against Health Care Workers

Posted on November 24, 2010
In Cenzon-DeCarlo v. Mount Sinai Hospital, (2d Cir., Nov. 23, 2010), the U.S. Second Circuit Court of Appeals held that there is no private right of action for either damages or inunctive relief under the federal statute barring discrimination in employment against health care workers who refuse to participate in sterilization or abortion procedures...

Court Rejects Free Exercise Defense To Khat Possession Conviction

Posted on November 24, 2010
In State of Minnesota v. Ahmed, (MN Ct. App., Nov. 23, 2010), a Minnesota appellate court upheld defendants' convictions for possession of khat.  Finding that khat is a controlled substance, the court rejected defendants' free exercise defense.  It held that the U...

TRO On Oklahoma Anti-Shariah Amendment Extended For A Week

Posted on November 23, 2010
After a two hour hearing yesterday, an Oklahoma federal district judge extended for another week the previously issued temporary restraining order (see prior posting) barring Oklahoma election officials from certifying the ballot results on a state constitutional amendment that precludes courts from considering Shariah law or international law in reaching decisions...

Montana High Court OK's Valedictorian's Religious References

Posted on November 23, 2010
In a 6-1 decision last week, the Montana Supreme Court held that school officials violated the free speech rights of a graduating senior when it censored on the basis of viewpoint her proposed valedictory remarks.  In Griffith v. Butte School District No...

New Center Will Study Marriage, Religion and Public Policy

Posted on November 23, 2010
According to today's Catholic Culture, Ave Maria law school has announced the creation of a new Center for Research on Marriage, Religion and Public Policy. Yesterday's National Catholic Register carried an interview with the Center's director, Maggie Gallagher...

FBI Releases 2009 Hate Crimes Data

Posted on November 23, 2010
The FBI yesterday released its latest data on hate crimes.  Hate Crimes Statistics 2009 reports that there were 6,604 criminal incidents involving 7,789 bias-motivated offenses.  This is a drop of 15% from the year before and the lowest number reported in at least a decade...

Egyptian Animal Rights Activists Wants Reform of Eid al-Adha Slaughter

Posted on November 23, 2010
A New York Times article Monday chronicles the efforts of Egyptian animal-rights proponent Amina Abaza to encourage more humane slaughtering methods on Eid al-Adha. The Muslim holiday, celebrated last week, commemorates the story of Abraham who was permitted to sacrifice a ram instead of his son...

Many Charter Schools In Texas Have Religious Connections

Posted on November 22, 2010
Today's Dallas (TX) Morning News reports on the blurring of church-state lines as over 20% of the state's publicly-funded charter schools have religious ties. Religious groups can set up separate non-profits to run charter schools. According to the paper:Dozens of Texas charter school leaders or board members hold prominent positions in the church, where the schooling sometimes takes place...

Recent Articles of Interest

Posted on November 22, 2010
From SSRN:Ellen P. Aprill, An Overview of Tax Issues for Religious Congregations, (The Practical Tax Lawyer, Vol. 55, Fall 2010).Jeremy J. Patrick, Jeremy J., The Curious Persistence of Blasphemy, (November 17, 2010).Perry Dane, The Natural Law Challenge to Choice of Law, (The Role of Ethics In International Law, Donald Earl Childress III, ed...

Canadian Court Will Hear Challenge To Polygamy Law Today

Posted on November 22, 2010
Today the Supreme Court of the Canadian province of British Columbia will begin to hear arguments on the validity Criminal Code Sec. 293, Canada's laws banning polygamy.  The Toronto Globe & Mail reports that over 30 witnesses are expected to testify, including members of the polygamous FLDS community of Bountiful...

No RLUIPA Violations In Processing Use Permit Applications By Mosque

Posted on November 22, 2010
In Islamic Cultural Center of Monticello, Inc. v. Village of Monticello, (NY Sup. Ct., Nov. 17, 2010), a New York trial court found no RLUIPA violations in a village's handling of applications for a special use permit and a certificate of occupancy for a mosque and related parking lot...

Recent Prisoner Free Exercise Cases

Posted on November 21, 2010
In Riggins v. Clarke, (9th Cir., Nov. 18, 2010), the 9th Circuit upheld a prison policy that required an inmate's committed name be used first on incoming and outgoing mail before any other official or religious name. It also rejected plaintiff's claim that his rights were violated by the refusal to allow him to buy prayer oils...

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