Religion & Law

Recent Prisoner Free Exercise Cases

Posted on September 12, 2010
In Beebe v. Birkett, 2010 U.S. Dist. LEXIS 91690 (ED MI, Sept. 3, 2010), a Michigan federal district court, adopting a magistrate's recommendations, dismissed several claims by  Jewish prisoner, but allowed him to move ahead with a portion of his as-applied challenge to the prison's kosher meal policy...

Potential Witnesses In Canadian Polygamy Challenge Seek Anonymity

Posted on September 12, 2010
In Canada last year, British Columbia's Attorney General asked the province's Supreme Court to rule on whether its anti-polygamy law is consistent with Canada's Charter of Rights and Freedom.  The move came after unsuccessful attempts to prosecute two FLDS Church leaders...

Appellate Court Grants Temporary Stay of Injunction Against Stem Cell Guidelines

Posted on September 11, 2010
On Thursday, the Court of Appeals for the D.C. Circuit granted a temporary stay (full text of order) of a district court order that had enjoined the Department of Health and Human Services from applying the Obama administration's guidelines expanding the availability of grants for embryonic stem cell research...

Obama Presses For Tolerance and Free Exercise Rights For U.S. Muslims

Posted on September 11, 2010
The U.S. today marked the ninth anniversary of 9-11, following what the New York Times described as an "impassioned call" by President Obama for better relations between Muslims and non-Muslims.  At his news conference on Friday (full text), the President gave lengthy answers to three separate questions on attitudes toward Muslims in the U...

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President Obama Sends Rosh Hashanah Greetings

Posted on September 08, 2010
Yesterday the White House released a statement from President Obama sending new year's greetings to Jews in the U.S. and around the world who celebrate Rosh Hashanah beginning this evening.  His statement (full text) said in part:Rosh Hashanah marks the beginning of the spiritual calendar and the birth of the world...

Court Dismisses Complaint Over Homeowners' Association Order To Remove Cross

Posted on September 08, 2010
In Weatherspoon v. Provincetowne Master Owners Association, 2010 U.S. Dist. LEXIS 92187 (D CO, Sept. 2, 2010), a Colorado federal district court dismissed on collateral estoppel grounds a lawsuit charging, among other things, that a homeowners' association violated plaintiff's  free exercise rights when it enforced a covenant against her, requiring her to take down an 8-foot tall cross she had erected in her yard...

Court Refuses To Lift Preliminary Injunction Against Stem Cell Funding Guidelines

Posted on September 08, 2010
D.C. federal district judge Royce Lamberth yesterday issued an order in Sherley v. Sebelius (full text) refusing to lift, pending appeal, his preliminary injunction against applying the Department of Health and Human Services' guidelines expanding permitted federal funding of human embryonic stem cell research...

Suit Charges Dearborn High School Principal With Discrimination Against Non-Muslims

Posted on September 08, 2010
A discrimination lawsuit was filed late last month by two Christian high school teachers against Imad Fadlallah, the now-retired principal of Dearborn, Michigan's Fordson High School, and against the school district. The complaint (full text) in Purcell v...

Secretary of State Clinton Hosts State Department Iftar

Posted on September 08, 2010
Secretary of State Hillary Rodham Clinton last night hosted the State Department's annual Iftar (Ramadan break fast). In her remarks (full text), she said in part:Ramadan teaches and reinforces values that are honored by millions and tens and hundreds of millions of people from other faiths and beliefs...

Court Dismisses Christian Pastors' Challenge To Hate Crimes Law

Posted on September 08, 2010
In Glenn v. Holder, (ED MI, Sept. 7, 2010), a Michigan federal district court dismissed on standing and ripeness grounds a challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that had been brought by several Christian pastors...

British Sikh Sues Polish Border Guards Over Airport Search

Posted on September 08, 2010
Polskie Radio today reports that a British Sikh has filed suit (apparently in Polish courts) against  Polish border guards who required him to remove his turban during screening at the International Frederic Chopin Airport. Airport procedures call for security personnel to manually touch the turban and then use a special detector instead of requiring removal...

Algerian Police Charge Ten Men For Eating IN Restaurant In Daytime During Ramadan

Posted on September 08, 2010
According to yesterday's Jerusalem Post, Algerian authorities in the town of Akbou have arrested ten men on charges of mocking Ramadan. The men were picked up in a restaurant in the province of Bejaya when neighbors complained they were desecrating Ramadan by eating during daylight hours...

PUBLICATION SCHEDULE: LOOK FOR THE NEXT NEW POSTINGS ON RELIGION CLAUSE ON SUNDAY MORNING

Posted on September 08, 2010

Religion Becoming An Issue In Hawaii's Democratic Gubernatorial Primary

Posted on September 07, 2010
Religion is beginning to play an important role in Hawaii's Sept. 18 gubernatorial primary election. KITV News yesterday reported on ads and flyers by a group calling itself Island Values. Supporting Democratic candidate Mufi Hannemann over his opponent in the Democratic primary, Neil Abercrombie, flyers charge Abercrombie with mocking the faith-based community...

Tajikistan Continues Restrictions on Religion While Tajik Muslims Prefer Religious Dispute Settlement

Posted on September 07, 2010
Forum 18 last week reported that the government of Tajikistan is imposing ever tighter controls on religious activity in the country whose majority religion is Islam.  Invoking the ban on political organizations establishing mosques, the government has ordered the Islamic Revival Party to stop using its offices for prayers-- though the ban will not be enforced until after Ramadan...

Petraeus Says Florida Church's "Burn a Qur'an Day" Could Endanger U.S. Efforts In Afghanistan

Posted on September 07, 2010
According to a report by ABC News yesterday, the plans of a pastor in Florida to hold a "Burn a Qur'an Day" at his church on the anniversary of 9-11 is now seen as a danger to U.S. troops in Afghanistan. (See prior posting.)  Some 500 people in downtown Kabul yesterday protested the plans of of Pastor Terry Jones of the Dove World Outreach Center in Gainesville, Florida...

USPS Issues Postage Stamp Honoring Mother Teresa

Posted on September 07, 2010
On Sunday, the U.S. Postal Service issued a postage stamp honoring Mother Teresa.  Announcing the stamp last week, USPS said:The U.S. Postal Service will pay tribute to Mother Teresa, who received the Nobel Peace Prize in 1979 for her humanitarian work...

Israeli Politicians Debate Traditional Switch Off Daylight Savings Time For Yom Kippur

Posted on September 06, 2010
In Israel, members of the Knesset this week were engaged in debates over whether to continue the traditional practice in Israel of moving off daylight savings time beginning during the ten days between Rosh Hashanah and Yom Kippur. The motivation for the practice is to obtain an earlier sundown and thus end the Yom Kippur fast at an earlier hour-- though the move does not shorten the total number of hours in the day-long fast which would also begin earlier with the change...

Department of Labor Blog Honors Ties Between Religion and Labor Movement

Posted on September 06, 2010
Today is Labor Day in the United States. On the official blog of the U.S. Department of Labor, Phil Tom, Director for DOL's Center for Faith-Based & Neighborhood Partnerships, recently posted his thoughts on Labor Day in a piece titled Keeping Faith In Labor...

Border Guard Survives Dismissal Motion In His Religious Discrimination Suit

Posted on September 06, 2010
In Israel v. Napolitano, (ND NY, Aug. 24, 2010), a New York federal district court refused to grant summary judgment to the Department of Homeland Security in a religious discrimination suit brought against it by a Jewish Customs and Border Protection Guard...

Recent Articles of Interest

Posted on September 06, 2010
From SSRN:Patrick Parkinson, Kim Oates & Amanda Jayakody, Breaking the Long Silence: Reports of Child Sexual Abuse in the Anglican Church of Australia, (Ecclesiology, Vol. 6, No. 2, pp. 183-200, 2010).Robert A. Kahn, Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada, (U of St...

American Muslims Distressed Over Hostile Attitudes

Posted on September 06, 2010
Today's New York Times carries a front page article titled American Muslims Ask, Will We Even Belong?.  It focuses on Muslim distress over the hostile reactions triggered by the proposed Muslim cultural center near Ground Zero. Many Muslims interviewed are frightened  "to learn that the suspicion and even hatred of Muslims is so widespread...

Israeli Labor Court Says Private Catholic School Can Ban Muslim Teacher From Wearing Hijab

Posted on September 05, 2010
In Israel, the Jerusalem District Labor Court upheld the dress code requirements of a private Catholic school that barred a Muslim teacher from wearing a hijab (headscarf).  Today's Jerusalem Post reports that teacher Nada Nimri, who taught Arabic and Islam at the 120-year old Schmidt School for Girls, operated by the Mary Ward Sisters and owned by the Diocese of Cologne, decided after 27 years of teaching without wearing a hijab that she wanted to begin wearing one...

Suit Against Scientology Creates Conflict Between State and Federal Judges

Posted on September 05, 2010
Saturday's St. Petersburg (FL) Times reports on an unusual clash between a state and a federal court judge in a case involving the Church of Scientology. Six years ago, attorney and vocal critic of Scientology, Ken Dandar, settled a state court wrongful death suit he brought against the Church of Scientology on behalf of the family of Lisa McPherson...

Recent Prisoner Free Exercise Cases

Posted on September 05, 2010
In Fairwell v. Cates, 2010 U.S. Dist. LEXIS 88856 (ED CA, Aug. 2, 2010), a California federal magistrate judge dismissed an inmate's free exercise and RLUIPA complaint with leave to amend and refile. Plaintiff set out numerous allegations of interference with his practice of Asatru/ Odinism, as well as an allegation of retaliation...

Maryland High Court Hears Arguments On Refusal To Reschedule Trial To Accommodate Religious Holiday

Posted on September 05, 2010
Last week, Maryland's Court of Appeals-- the state's highest court-- heard oral arguments in Neustadter v. Holy Cross Hospital of Silver Spring, Inc., posing the question of whether the religious freedom rights of a plaintiff in a medical malpractice case were infringed when the trial court refused to reschedule the trial in the case...

In Australia, Challenge Planned To School Chaplaincy Program

Posted on September 05, 2010
WA Today reports that in Australia, Queensland parent Ron Williams is planning to file suit to challenge the constitutionality of the country's school chaplaincy program.  Politicians have pledged to find $220 million to fund another 1000 chaplains in the schools...

Court OKs Menorah Display, But Not Use of City Personnel and Equipment To Light It

Posted on September 03, 2010
In Chabad of Mid-Hudson Valley v. City of Poughkeepsie, (NY App. Div., Aug. 31, 2010), a New York state appellate court held that the display of an 18-foot high menorah on public property in downtown Poughkeepsie (NY) did not violate the Establishment Clause because:in the immediate vicinity of the menorah, as well as throughout the downtown area, are garlands, wreaths, and white lights, which ...

White House Press Secretary: President Is a Committed Mainstream Christian

Posted on September 03, 2010
The Christian Science Monitor reported last week that Fox News commentator Glenn Beck is accusing President Obama of not being a true Christian, but instead of believing in Marxist-based "Liberation Theology". The issue was raised by reporters at yesterday's White House press briefing (full text) in this exchange with press secretary Robert Gibbs:Q    Robert, for the last four days, Glenn Beck has criticized the President for believing in liberation theology, which he calls a Marxist form of Christianity...

Mormon Church Talks With China Will Likely Lead To Regualarizing LDS Operations In China

Posted on September 03, 2010
In Salt Lake City (UT) this week, the Mormon Church announced that recent meetings with an official of the People's Republic of China are expected to lead to regularizing of the Church's operations in China. However the Church will not be sending missionaries to China...

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