Religion & Law

Minnesota Secretary of State Candidate Says No Church-State Separation Requirement Exists

Posted on October 20, 2010
Yesterday's Minnesota Independent reports that Minnesota Republican Secretary of State candidate Dan Severson has been giving interviews on conservative religious radio in recent weeks arguing that there is no requirement for separation of church and state...

Turkey Acquits 2 Christian Missionaries of Most Charges

Posted on October 20, 2010
Compass Direct News yesterday reported that two volunteers with the Bible Research Center were acquitted by a court in Turkey on Oct. 14 of charges that they had violated Art. 301 of the Turkish Penal Code that prohibits insulting the Turkish state, and Art...

Delaware Senatorial Debate: O'Donnell Supports Intelligent Design, Is Unaware of 1st Amendment's Text

Posted on October 20, 2010
Richard Adams's Blog at the Guardian reports on Tuesday's Debate at Widener Law School between the two candidates for U.S. Senate from Delaware. It includes an 8 minute video from the debate between Republican/ Tea Party favorite Christine O'Donnell and Democrat Chris Coons which first shows O'Donnell strongly supporting the right of local school boards to authorize schools to teach the theory of "intelligent design" along with evolution...

Kentucky Senatorial Candidate Exchange Bitter Religious Charges

Posted on October 20, 2010
The U.S. Senate race in Kentucky has spawned competing TV ads focusing on aspects of each candidate's religious background or views.  Initially, Democrat Jack Conway ran this ad focusing on a secret society to which Republican Rand Paul belonged 27 years ago as a student at Baylor University...

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Warren Jeffs Fights Extradition To Texas

Posted on October 19, 2010
Attorneys for Warren Jeffs, former leader of the polygamous FLDS Church, are seeking to quash an extradition warrant signed by Utah Governor Gary Herbert that would turn Jeffs over to Texas state authorities for trial on sexual assault and bigamy charges there...

Justice Department Files Amicus Brief In Mosque Case To Argue That Islam Is A Religion

Posted on October 19, 2010
The Civil Rights Division of the U.S. Department of Justice yesterday announced the rather unusual move of filing an amicus brief (full text) in a case pending in a state trial court. Estes v. Rutherford County Regional Planning Commission is a lawsuit in Rutherford County, Tennessee Chancery Court seeking to halt construction of a controversial Islamic center being built in Murfreesboro, Tennessee...

Megachurch Files For Bankruptcy Protection

Posted on October 19, 2010
Garden Grove, California's mega-church, the Crystal Cathedral Ministries, founded by Dr. Robert H. Schuller, announced yesterday that it is filing for Chapter 11 Bankruptcy Act protection. The Orange County Register reports that the cathedral owes unsecured creditors some $7...

Party's Ballot Listing Did Not Violate Establishment Clause

Posted on October 19, 2010
In McMillan v. New York State Board of Elections, 2010 U.S. Dist. LEXIS 109894 (ED NY, Oct. 15, 2010), James McMillan, the founder of the Rent Is Too Damn High party, sued for $350 million in damages claiming that the New York City board of elections violated his constitutional rights in removing the word "Damn" from his party's name in listing him on the 2009 New York City mayoral ballot...

Bhutan Sentences Christian Man To Prison For Showing Religious Films

Posted on October 19, 2010
Charisma News reported yesterday that in the predominately Buddhist nation of Bhutan, a local court in the town of Gelephu on October 6 sentenced Christian activist Prem Singh Gurung to three years in prison for showing films on Christianity. In two small villages that lacked electricity, Gurung (a citizen of Nepal) brought in a generator and projector and invited residents to watch Nepali movies...

Anti-Muslim Sentiment Grows In Germany

Posted on October 19, 2010
A Reuters report carried today by Bernama reviews the rise of anti-Muslim sentiment in Germany. According to the report: "Germany's inflamed public debate about Islam and integration risks serious overheating as politicians compete to make ever tougher statements criticizing Muslim immigrants they accuse of refusing to fit in here...

Pastor Challenges IRS Non-Profit Limits With Endorsements From Pulpit

Posted on October 19, 2010
In an open challenge to the constitutionality of the tax code's ban on non-profits endorsing political candidates, a Hastings, Minnesota pastor has endorsed from the pulpit a slate of conservative candidates running for governor, other state offices and Congress after indicating in advance on a radio show that he would do so...

New Jersey Environmental Officials Challenge Ritual Burial of Holy Objects

Posted on October 18, 2010
Jewish religious law requires  shaimos-- certain worn out religious items such as old books containing the name of God and certain religious garments-- to be disposed of by burial instead of merely being thrown into the trash.  Asbury Park (NJ) Press last week reported on a lawsuit in state court in New Jersey in which the state Department of Environmental Protection is attempting to require Rabbi Chaim Abadi to dig up truckloads of shaimos buried in two different sites in New Jersey...

Recent Articles of Interest

Posted on October 18, 2010
From SSRN:Stephanie R. Hoffer, Caesar as God's Banker: Using Germany's Church Tax as an Example of Non-Geographically Bounded Taxing Jurisdiction, (Washington University Global Studies Law Review, Forthcoming).Walker Humphrey, Dennis the Menace?: An Analysis of Whether the Episcopal Church?s Dennis Canon Entitles the Church to an Exemption from Neutral Trust Law, (September 27, 2010)...

British Cabinet Minister Criticizes Cities' Tax Breaks For Scientology

Posted on October 18, 2010
City tax authorities in four British cities-- London, Westminster, Birmingham and Sunderland-- have given the Church of Scientology property tax relief even though it is not classified as a charitable religious organization by the Charity Commission. Free Internet Press reported last week that Britain's Communities Secretary, Eric Pickles, has criticized the action by the various cities, saying: "Councils may award charitable relief...

Indian State Announces Quick Compensation To Kin of 10 Killed In Temple Stampede

Posted on October 18, 2010
AFP reports that in the Indian state of Bihar, outside a Hindu temple in the Banka district, a stampede late Saturday killed ten and injured 15 others as thousands came to the temple to sacrifice goats for the Hindu festival of Durga Puja (also known as Navartri Puja)-- a festival honoring the mother goddess Durga...

China Bars House Church Members From Attending International Conference

Posted on October 17, 2010
The New York Times reported Friday that in China more than 100 Christians were barred by authorities from leaving the country to attend the Third Lausanne Conference on World Evangelization that begins today in Cape Town, South Africa. The Christians seeking to attend are members of unofficial "house churches" in China...

Recent Prisoner Free Exercise Cases

Posted on October 17, 2010
In Hall v. Ekpe, (2d Cir., Oct. 13, 2010), the 2nd Circuit Court of Appeals rejected a claim that a prison policy allowing attendance at formal Ramadan services only to inmates identified by the prison's chaplain as observant Muslims violated plaintiff's 1st Amendment rights...

Supreme Court Review Sought In RLUIPA Case

Posted on October 17, 2010
According to the Longmont (CO) Times Call, a petition for certiorari was filed with the U.S. Supreme Court last week in Rocky Mountain Christian Church v. Board of Commissioners of Boulder County, Colorado.  In the case, the 10th Circuit upheld a jury's determination that denial of a special use permit to a church violated the equal terms and unreasonable limitations provisions of RLUIPA...

Pastor Who Reversed Qur'an Threat Now Claims Car Offered To Him

Posted on October 17, 2010
In the midst of high-profile threats by Florida pastor Terry Jones to sponsor a Sept. 11 burning of Qur'ans (see prior posting), a New Jersey car dealer known for his unusual ads used one of those ads to offer Jones a year's free use of a new car if he did not go through with his plans...

Council of Europe Parliament Affirms Healthcare Providers' Right To Conscientious Objection

Posted on October 17, 2010
The Parliamentary Assembly of the Council of Europe (PACE) on Oct. 7 adopted a resolution (full text) supporting the right of conscientious objection by medical providers.  As reported by Radio Free Europe last week, the PACE's Social, Health and Family Affairs Committee presented a very different draft (full text) to the Assembly...

White House Defends Conference Call To Faith-Based Leaders On Health Care Reform

Posted on October 16, 2010
CNN yesterday reported that the White House is responding to criticisms of its faith-based office leveled by former Bush administration officials. At issue was a conference call to leaders of faith based and community groups by President Obama and Joshua DuBois, his director of faith-based initiatives, urging the leaders on the call to help explain the advantages of the Obama health care plan to their constituencies...

White House Faith Based Head Keynotes Vatican Conference On Interfaith Action

Posted on October 16, 2010
This week Joshua DuBois, Executive Director of The White House Office of Faith-based and Neighborhood Partnerships, delivered the keynote address (full text) at the Holy See's Conference on Interfaith Action held in the Vatican. He said in part:My Office is also tasked with assessing, and improving, the United States Government?s engagement of religious issues and religious actors around the globe...

Bolivia Enacts Broad Anti-Discrimination Law, But Impact On Media Protested

Posted on October 16, 2010
On October 8, Bolivian President Evo Morales signed the newly enacted Law Against Racism and All Forms of Discrimination.  According to Workers World, the law prohibits racism and also prohibits discrimination based religion as well as numerous other grounds...

Hundreds Turn Out for "Islam on Capital Hill"

Posted on October 16, 2010
CNN reports that hundreds of Muslims today turned out on in Washington for Islam on Capitol Hill.  Event organizer Abdul Malik said that the event, which he hopes to hold annually, is aimed mainly at Muslim young people. Malik said: "Muslim children need to know that this is their country and that they have a responsibility to protect and honor it...

7th Circuit Upholds Illinois Moment of Silence Law

Posted on October 16, 2010
In a 2-1 decision yesterday, the U.S. 7th Circuit Court of Appeals upheld Illinois' Silent Reflection and Student Prayer Act against Establishment Clause and vagueness challenges.  The Act requires every public school classroom to open with "a brief period of silence...

USCIRF Urges Obama To Raise Religious Freedom Issues On His Trip To Indonesia, India

Posted on October 15, 2010
The U.S. Commission on International Religious Freedom this week sent a letter (full text) to President Obama urging him to highlight the importance of religious freedom during his upcoming visits to Indonesia and India. On Indonesia, the letter said:In our visit earlier this year, USCIRF was impressed by the commitments made by officials from different levels of government to advance religious freedom and related human rights as essential to Indonesia?s democratic future...

5th Circuit Upholds Texas Pledge Against Establishment Clause Attack

Posted on October 15, 2010
In Croft v. Perry, (5th Cir., Oct. 13, 2010), the U.S. 5th Circuit Court of Appeals rejected an Establishment Clause challenge to the Texas pledge of allegiance (which includes the phrase "one state under God") and to a state statute requiring school students to recite the pledge each day...

Malaysia Promotes Islamic Finance

Posted on October 15, 2010
Islamic banking is growing fast in Malaysia which is promoting itself as the world's center for Shariah compliant financial products. Bloomberg Business Week reports today that Malaysian banking assets that comply with the Islamic ban on interest rose to the equivalent of $109 billion (US)-- 20% of Malaysia's total banking assets...

Mixed Response To Schools' Limits On Wearing Rosaries

Posted on October 15, 2010
Catholic News Service this week reported that the Catholic Diocese of Colorado Springs, Colorado has decided not to oppose a decision by some Colorado Springs schools to allow students to wear rosaries only if they are tucked into their shirts. The Diocese said in an Oct...

School Board Drops Bible Class In Response To Lawsuit

Posted on October 15, 2010
Indy Channel News today reports that in response to an ACLU lawsuit filed earlier this month, the Fairfield, Indiana school district board voted unanimously yesterday to end a Bible class that was offered in the district's New Paris Elementary School...

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