Religion & Law

California Episcopal Diocese Sues Another Break-Away Parish

Posted on July 09, 2010
The Episcopal Diocese of San Joaquin, California, continues to file lawsuits to reclaim property of break-away parishes. Episcopal Life reported today that the diocese has filed suit in state court against St. Paul's Anglican Church in Visalia, one of the 40 congregations that broke away to affiliate with the more conservative Province of the Southern Cone...

Washington State Pharmacy Board Backs Down On Rules In Pre-Trial Compromise

Posted on July 08, 2010
In 2007, the Washington state Board of Pharmacy adopted a rule requiring pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. In July 2009, the 9th Circuit vacated a preliminary injunction that the district court had imposed...

Egypt's Constitutional Court Freezes Ruling Requiring Coptic Church To Remarry Divorced Men

Posted on July 08, 2010
ANSAmed and AFP reported yesterday that Egypt's Constitutional Court has imposed a temporary freeze on a controversial ruling issued earlier this year by the country's High Administrative Court. That ruling, handed down in May (see prior posting), required the Coptic Christian Church to allow remarriages of divorced men...

11th Circuit Upholds Limits on Feeding Large Groups In Parks

Posted on July 08, 2010
In First Vagabonds Church of God v. City of Orlando, (11th Cir., July 6, 2010), the 11th Circuit, in a 2-1 decision, reversed the district court (see prior posting) and upheld Orlando, Florida's Large Group Feeding Ordinance against a variety of constitutional attacks...

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Massachusetts Federal District Court Strikes Down DOMA

Posted on July 08, 2010
In two companion cases today, a Massachusetts federal district judge held Section 3 of the federal Defense of Marriage Act (1 USC Sec. 7) unconstitutional. That section provides that in interpreting any federal statute or regulation, "the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife...

State In India Wants To End Prohibition; Ignores Baptist Church In Its Plans

Posted on July 07, 2010
In India, the government of the state of Nagaland is moving to lift a ban on the sale of alcohol that was instituted in 1989 after a campaign led by the state's Baptist Church Council. The ban has mainly encouraged home made liquor and bootlegging rather than reducing the incidence of liquor...

Hawaii Governor Vetoes Civil Unions Bill; Litigation Planned

Posted on July 07, 2010
Hawaii Governor Linda Lingle yesterday vetoed House Bill 444 that would have given partners in both same-sex and opposite-sex civil unions the same benefits and responsibilities that are enjoyed by married couples. In her veto message (full text) and her statement (full text) accompanying it, Lingle decried the manner in which the legislature's vote on the bill took place (background), and called on the legislature to submit the issue of civil unions to Hawaii's voters...

Lawsuit Says Public Utilities In Arizona Town Discriminated Against FLDS Apostates

Posted on July 07, 2010
KSCG-TV News yesterday reported on a lawsuit filed last month by the Attorney General of Arizona against the municipal water and electric companies that furnish utilities to residents of Colorado City, Arizona and its twin community, Hildale, Utah. Land in the towns has traditionally been owned by the United Effort Plan Trust of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS)...

German Magazine Says Catholic Church Is Following Conservatives In Reactions To Abuse Cases

Posted on July 07, 2010
Der Spiegel yesterday carried an analysis of the Vatican's recent actions in priest sexual abuse cases. It argues that there is a power struggle in the Vatican between liberal and conservative forces: This spring, it looked as though the Catholic Church was finally going to confront charges of sexual abuse head on...

7th Circuit En Banc Interprets Equal Terms Provision of RLUIPA

Posted on July 06, 2010
In River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois, (7th Cir en banc, July 2, 2010), the 7th Circuit in an en banc decision interpreted the equal terms provision of RLUIPA by creating a modified version of the test used by the 3rd Circuit...

Report Focuses On Restrictions Limiting Feeding of Homeless

Posted on July 06, 2010
Last week, the National Coalition for the Homeless announced the release of a new report: A Place at the Table: Prohibitions on Sharing Food with People Experiencing Homelessness. According to the press release: The report argues that targeting churches, service providers and volunteers by placing restrictions on providing food to homeless people is part of a broader trend toward criminalizing homelessness...

Iranian Ministry Sets Acceptable Islamic Male Hair Styles

Posted on July 06, 2010
AOL News today reports that for the first time, Iran's Ministry of Culture and Islamic Guidance has issued a catalogue of acceptable "Islamic" male hair styles. Pony tails, spikes and Mohawks are among those forbidden. Flat tops and Elvis style hair are permitted...

5th Circuit Upholds Neutrality Policy For Texas Education Agency Staff

Posted on July 06, 2010
In Comer v. Scott, (5th Cir., July 2, 2010), the 5th Circuit upheld a policy of the Texas Education Agency (TEA) that required its staff to remain neutral and refrain from expressing any opinions on curricular matters subject to the jurisdiction of the Texas State Board of Education...

Two Women Appointed Syariah Judges In Malaysia

Posted on July 05, 2010
In a first for Malaysia, Prime Minister Datuk Seri Najib Tun Razak has appointed two women as Syariah Court judges. Bernama reported Saturday that in mid-May 31-year old Suraya Ramli was appointed to the Syariah court in Territory of Putrajaya, while 39-year old Rafidah Abdul Razak was appointed to the court in Kuala Lumpur...

Concern Expressed Over Obama Administration's Use of Term "Freedom of Worship"

Posted on July 05, 2010
Sheila Reports today reviews the concerns being expressed in some quarters about change in phraseology by the Obama administration which is often using the term "freedom of worship" instead of "freedom of religion." The State Department says the terms are interchangeable, but others argue that freedom of worship is a much narrower concept...

ACLU Says Catholic Hospitals Violate Law By Refusing Abortions To Save Mothers' Lives

Posted on July 05, 2010
The ACLU announced last week that it has sent a letter (full text) to the Centers for Medicaid and Medicare Services asking it to investigate situations in which religious hospitals refuse to provide emergency reproductive health care. The letter says that refusal of Catholic hospitals to perform abortions that are necessary to save a pregnant woman's life violate provisions of the Emergency Medical Treatment and Active Labor Act, 42 U...

Recent Articles of Interest

Posted on July 05, 2010
From SSRN:J. Thomas Oldham, Book Review: 'Almighty God Created the Races' by Fay Botham, (Journal of Law and Religion, Forthcoming).Intisar A. Rabb, Islamic Legal Maxims as Substantive Canons of Construction: ?ud?d-Avoidance in Cases of Doubt, (Islamic Law and Society, Vol...

In Belatedly Released Opinion, Judge Says Religion Is Not Basis for Recusal

Posted on July 04, 2010
Last week, a New York federal judge belatedly docketed an opinion that had been prepared in 1998 but not previously released, in which he rejected a motion that he recuse himself because of his religion in a civil rights case against the murderer of an Orthodox Jewish student in the 1991 Crown Height Riot...

Recent Prisoner Free Exercise Cases

Posted on July 04, 2010
In Sterr v. Baptista, (9th Cir., July 1, 2010), the 9th Circuit rejected an inmate's claim that prison officials placed substantial burdens on his religious exercise when they restricted vegetation for his Earth-based religion to "grass only" and set a new schedule for using the prison's religious grounds...

Principals Have No Qualified Immunity For Limiting Student Distribution of Religious Materials

Posted on July 02, 2010
Morgan v. Swanson, (5th Cir., July 1, 2010), the U.S. 5th Circuit Court of Appeals refused to grant qualified immunity to two Plano, Texas elementary school principals who were sued for refusing to allow elementary school students to hand out religious-themed items during school parties and at other non-curricular times...

Pennsylvania Ban on Blasphemous Business Names Struck Down

Posted on July 02, 2010
In Kalman v. Cortez, (ED PA, June 30, 2010), a Pennsylvania federal district court struck down a Pennsylvania statute (15 Pa. Consol. Stat. 1303(c)(2)(ii)) that prohibits corporate names from containing "[w]ords that constitute blasphemy, profane cursing or swearing or that profane the Lord's name...

Suit Challenges School's Refusal To Permit Distribution of Bibles

Posted on July 02, 2010
A lawsuit was filed in federal district court in Florida yesterday by a group known as World Changers that was refused permission to hand out Bibles in Collier County, Florida high schools. The complaint (full text) in World Changers of Florida, Inc. v...

Schools' Released Time Program Challenged

Posted on July 02, 2010
A lawsuit was filed earlier this week in an Indiana federal district court challenging the religious released time program of the Fort Wayne (IN) Community Schools. The complaint (full text) in C.S. v. Fort Wayne Community Schools, (ND IN, filed 6/29/2010), claims that the program violates the Establishment Clause because trailers used for the programs are on school property and apparently obtain electricity from school power sources, and because elementary school students are permitted to attend the religious educational programs without explicit written permission from their parents...

Overly Broad Zoning Ordinance Is Prior Restraint On Expressive Religious Use of Land

Posted on July 01, 2010
Adhi Parasakthi Charitable, Medical, Educational and Cultural Society of North America v. Township of West Pikeland, (ED PA, June 23, 2010), involves various challenges to actions of a zoning board in a Chester County, Pennsylvania township effectively denying zoning approval to a Hindu group for construction of a temple and auxiliary building...

NY City Council Saves Concerts As Court Enjoins Them For Being Too Clode To Synagogues

Posted on July 01, 2010
The New York Post and the Brooklyn Eagle report that a Brooklyn court yesterday issued a temporary injunction against the long-running summer concert series in Coney Island's Asser Levy Park. Two synagogues sued, claiming that the concerts violate a city ban against amplified sound within 500 feet of religious institutions, schools, courthouses and other gathering places when they are in session...

Appeal Filed In Delaaware School Board Invocation Case

Posted on July 01, 2010
Today's Delaware Online reports that an appeal has been filed with the Third Circuit in Doe v. Indian River School District. In the case, a Delaware federal district court upheld against an Establishment Clause attack the policy of the Indian River School Board to open its meetings with a prayer delivered by members of the school board on a rotating basis, or if the board member prefers, a moment of silence...

Ecclesiastical Abstention Doctrine Does Not Bar Negligent Supervision Claim Against Church

Posted on July 01, 2010
In Erdman v. Chapel Hill Presbyterian Church, (WA Ct. App., June 29, 2010), a Washington state appellate court held that the ecclesiastical abstention doctrine does not bar a church employee's claim for negligent supervision and retention claims against a church based on alleged physical intimidation and verbal abuse by its pastor...

Appeal In Italian Crucifix Case Heard By European Court's Grand Chamber

Posted on July 01, 2010
Yesterday, the 19-judge Grand Chamber of the European Court of Human Rights heard an appeal from a November ruling by a 7-judge panel that held crucifixes in public school classrooms in Italy violate protections in the European Convention on Human Rights...

Kagan Gets Some Questions on Religion Clauses

Posted on July 01, 2010
On Day 3 of her confirmation hearings, Supreme Court nominee Elena Kagan was asked questions about the Establishment and Free Exercise clauses, and about standing to raise Establishment Clause issues. Blog from the Capital has an unofficial transcript of the exchanges between Kagan and Senators Feinstein, Cardin and Coburn...

Supreme Court Refuses Review Of School Rules On Distributing Materials

Posted on June 30, 2010
On Monday, the U.S. Supreme Court denied certiorari in Morgan v. Plano Independent School District, (Docket No. 09-1131). (Order List.) In the case, the U.S. 5th Circuit Court of Appeals found that rules adopted in 2005 by a Texas school district restricting the times and places at which students can distribute written materials are constitutional, at least on their face...

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