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Religion & Law

Religion Clause

Current legal, political and scholarly developments relating to free exercise of religion and separation of church and state.
By Howard M. Friedman

Post Frequency: 19.9/day

Last Entry: November 05, 2020 at 07:00:00

Closing Arguments Begin In Canadian Test of Polygamy Ban

Posted on March 29, 2011
In Canada, in the British Columbia Supreme Court, closing arguments began yesterday in the reference case testing the constitutionality of Canada's criminal ban on polygamy. The trial began in November. (See prior posting.) The Vancouver Sun yesterday reported that in his closing argument lawyer Craig Jones, representing the B...

Suit Challenges Nevada Law Limiting Marriage Officiants To Clergy Or Government Officials

Posted on March 29, 2011
Yesterday's Las Vegas Sun reports that the ACLU of Nevada has filed a lawsuit in federal court against the state of Nevada and Clark County (NV) challenging the constitutionality of the state law that limits the issuance of state certificates to perform marriages to clergy, judges and commissioners and deputy commissioners of civil marriage...

Groups Ask EEOC To Ban Placement of Religious Employees Outside of Public View

Posted on March 29, 2011
A group of 25 religious and civil rights groups last week sent a letter (full text) to the U.S. Equal Employment Opportunity Commission complaining about federal court decisions that have permitted companies to segregate "visibly religious employees," such as Sikhs wearing turbans or Muslim women wearing hijabs, in positions where they are not seen by company customers...

Court Rules On Discovery Motions In Clergy Sex Abuse Case

Posted on March 28, 2011
In Dotson v. Hartford Roman Catholic Diocesan Corp., 2011 Conn. Super. LEXIS 386 (CT Super., Feb. 17, 2011), a Connecticut trial court ruled on a number of discovery motions filed by a priest, two Catholic churches and the Hartford Diocese in a lawsuit by a victim of alleged clergy sexual abuse...

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Indian Court Says Priest's Celibacy Vow Does Not Invalidate Marriage or Bequest

Posted on March 28, 2011
A court in New Delhi, India has upheld the will of a Christian priest who secretly converted to Islam, married and bequeathed property to his son. Today's Times of India reports that the priest's family challenged the validity of the will and the priest's marriage on the ground that the priest took a vow of celibacy...

Recent Articles of Interest

Posted on March 28, 2011
From SSRN:Michael Heise and Gregory C. Sisk, Ideology 'All the Way Down'? An Empirical Study of Establishment Clause Decisions in the Federal Courts, (Michigan Law Review, Vol. 110, 2012).Mark L. Movsesian, Foreword: Laicite in Comparative Perspective, (Journal of Catholic Legal Studies, Vol...

Supreme Court Grants Review In "Ministerial Exception" Case

Posted on March 28, 2011
The U.S. Supreme Court today granted certiorari in a case involving the scope of the "ministerial exception" to federal anti-discrimination laws. The case is Hosanna- Tabor Church v. EEOC, (Docket No. 10-553, cert. granted 3/28/2011). (Order List...

What Is At Issue In the Hosanna-Tabor Case?

Posted on March 28, 2011
Today the Supreme Court granted certiorari in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. (See prior posting.) The petition for certiorari described the Question Presented as follows:The federal courts of appeals have long recognized the "ministerial exception," a First Amendment doctrine that bars most employment-related lawsuits brought against religious organizations by employees performing religious functions...

Muslim Brotherhood Could Become Important Politically In Libya

Posted on March 27, 2011
CNN on Friday reported that the Muslim Brotherhood in Libya could become an important force in a post-Gadhafi Libya. Founded in the 1950's, the Libyan Brotherhood is comprised mainly of religious educated middle class Libyans and of individuals on university campuses in Tripoli and Behghazi...

Recent Prisoner Free Exercise Cases

Posted on March 27, 2011
In Sayed v. Profitt, (10th Cir., March 18, 2011), the 10th Circuit rejected the contentions of a Muslim prisoner that he was entitled to a complete shower before the Jum'ah service. Contrary to the inmate's contention, the court found he could perform partial ablution at the sink in his cell and thereby comply with Muslim beliefs...

Muslims Claim Bad Treatment At U.S. Border Upon Entry From Canada

Posted on March 26, 2011
The Michigan Chapter of the Council on American Islamic Relations this week said that it is receiving dozens of complaints about inappropriate questions and treatment of Muslims crossing into the United States from Canada through border check points in Detroit and Port Huron, Michigan...

Army Training Its Chaplains For Repeal of "Don't Ask, Don't Tell"

Posted on March 26, 2011
CNN reported yesterday that the Army Chaplain Corps for the last month has been training its 2900 members on what repeal of the "Don't Ask, Don't Tell" policy will mean for chaplains.Chaplains who are unable to reconcile themselves to the policy will be allowed to apply for a voluntary separation from the military...

Northwestern States Jesuit Order Reaches $166M Settlement Of Sexual Abuse Claims

Posted on March 26, 2011
The largest settlement ever in a clergy sexual abuse case has been reached between the Oregon Province of the Society of Jesus and 470 victims, most of whom were abused at Native American mission schools by Jesuit priests from the 1940's to the 1990's...

Federal Court Refuses To Dismiss Challenge To Zoning Denial For Bible Camp

Posted on March 26, 2011
in Eagle Cove Camp and Conference Center, Inc. v. Town of Woodboro, Wisconsin, (WD WI, March 24, 2011), a Wisconsin federal district court rejected ripeness and jurisdictional defenses put forward by a Wisconsin town in a challenge to its denial of zoning approval for a year-round Bible camp...

Arizona Legislature Passes Bill Protecting Religious Expression and Religious Groups At Colleges

Posted on March 25, 2011
The East Valley Tribune reported yesterday that the Arizona Senate has passed HB 2565 that will bar colleges and universities from discriminating against students because of their religious beliefs or religious expression and will permit religious and political student groups to exclude members who do not share their beliefs...

UN Human Rights Council Adopts Resolution on Freedom of Belief That Drops "Defamation of Religion" Concept

Posted on March 25, 2011
In a major policy shift, the 47-member United Nations Human Rights Council yesterday unanimously adopted a Resolution on Freedom of Religion or Belief (full text) which omits any reference to the concept of "defamation of religion" and instead focuses on the individual's right to freedom of belief...

Egypt Adopts New Law On Political Parties Barring Parties Based On Religion

Posted on March 25, 2011
M and C reports that Egypt's interim cabinet on Wednesday approved a new law that creates a framework for creating political parties. Reuters has summarized the provisions of the new law:* The parties' principles, programmes, activities and selection of leaders and members must not be based on religion, geography or race...

Company's Faith-Based Sales Training Challenged By Former Employee

Posted on March 25, 2011
Yesterday's Pittsburgh (PA) Tribune-Review reports on a lawsuit filed against a Beaver County (PA) bathroom remodeling company by a woman who alleges she was forced out of her job with the company by the company's insistence that she attend faith-based training sessions to increase her trust in God...

Suit Challenges New York City's Disclosure Requirements For Crisis Pregnancy Centers

Posted on March 25, 2011
A federal lawsuit was filed yesterday on behalf of a number of crisis pregnancy centers challenging on 1st Amendment grounds New York City's recently-enacted ordinance that requires pregnancy services centers to make various disclosures about the services they do and do not offer...

Times Says Muslim Brotherhood Is Has Growing Political Power In Egypt

Posted on March 25, 2011
In a front page analysis of developments in Egypt, the New York Times today says:In post-revolutionary Egypt, where hope and confusion collide in the daily struggle to build a new nation, religion has emerged as a powerful political force, following an uprising that was based on secular ideals...

Montreal Cabbie Can Keep Some Religious Objects In Taxi Under Settlement Agreement

Posted on March 25, 2011
In Canada, Montreal cabbie Arieh Perecowicz has reached an out-of-court settlement with the Montreal taxi bureau and has agreed to drop his appeal of four tickets he received 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...

Teaching of Religion In Australian Schools Is Challenged

Posted on March 24, 2011
In Australia, a claim has been filed with the Equal Opportunity Commission against the state of Victoria challenging the teaching of religion in state schools. ABC News reported yesterday that parents claim that if their children opt out of religious classes, they are sometimes left unsupervised...

Florida Judge Issues Explanatory Opinion In Mosque Arbitration Case

Posted on March 24, 2011
On Tuesday a Florida state circuit court judge issued a written opinion in Mansour v. Islamic Education Center of Tampa, Inc., (FL Cir. Ct., March 22, 2011), in order to "discuss the facts, procedural history and analysis" that led to a now-controversial order that Islamic law would be used in deciding whether to enforce an arbitration award between a mosque and certain trustees of the mosque who had been removed from office...

9th Circuit Continues Ban On Same-Sex Marriages In California As Appeals Go On

Posted on March 24, 2011
Scotus Blog reports that the 9th Circuit yesterday, in the ongoing challenge to the constitutionality of California's Proposition 8, refused to lift its earlier order barring same-sex marriages while appeals of the district court's invalidation of Prop 8 were proceeding through the courts...

Suit Seeks to Bring Building Under Religious Exception In Historic Preservation Law

Posted on March 23, 2011
In Peoria, Illinois, according to yesterday's Peoria Journal, the Westminster Presbyterian Church has filed a state court lawsuit seeking to invoke a change made in February in the city's historic preservation ordinance. The ordinance was amended to exclude buildings used primarily for religious ceremonies or to further the religious mission or business of the owner...

Senate Judiciary Subcommittee Schedules Hearings On Civil Rights of American Muslims

Posted on March 23, 2011
U.S. Senator Dick Durbin (D-IL), Chairman of the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights, has scheduled a hearing on March 29 on civil rights of American Muslims. (Press release). Witnesses will include Muslim civil rights leader Farhana Khera; Cardinal Theodore McCarrick; Assistant Attorney General for Civil Rights Tom Perez; and Bush administration Assistant Attorney General Alex Acosta...

Church Leaders, Parents Charged With Child Abuse In "Biblical Punishment" of Their Children

Posted on March 23, 2011
The Superior (WI) Telegram yesterday reports that the leaders of a Black Earth, Wisconsin church have been charged with child abuse for using wooden spoons and dowels to hit the backsides of children in their family and in the families of other church members...

US Embassy In Pakistan Condemns Florida Pastor's Burning of Qur'an

Posted on March 23, 2011
The U.S. Embassy in Pakistan issued a statement (full text) yesterday saying that it: "condemns the burning of a copy of the Holy Koran in the State of Florida, United States. This is an isolated act done by a small group of people that is contrary to American traditions...

U.K. Court Says Scriptural Ad Against Gay Pride Parade Did Not Violate Advertising Code

Posted on March 23, 2011
A High Court judge in Belfast, Northern Ireland, has overturned a decision by the U.K.'s Advertising Standards Authority that an ad run by the Sandown Free Presbyterian Church opposing a 2008 gay pride parade violated the ASA's advertising code. At issue is an ad captioned: "The Word of God Against Sodomy...

Recent Prisoner Free Exercise Cases

Posted on March 23, 2011
In Coleman v.Caruso, 2011 U.S. App. LEXIS 5328 (6th Cir., March 16, 2011), the 6th Circuit rejected an inmate's claim that prison policy on administrative segregation violates prisoners' free exercise rights as protected by RLUIPA. The court concluded that limits on television available and on battery operated devices in administrative segregation did not place a substantial burden on the free exercise of religion...

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