Religion & Law

In Ontario Unemployed Teachers Are Changing Religion To Improve Job Chances

Posted on May 11, 2010
Toronto's Catholic District School Board, like most other Catholic school boards in Canada, requires that all teachers it hires for its schools must be Catholic-- a practice permitted under Ontario's Human Rights Code. Yesterday the Toronto Globe & Mail and Parentcentral...

First Freedom Center Has New President

Posted on May 11, 2010
Yesterday's Richmond Times-Dispatch reports that Randolph Marshall Bell, formerambassador-at-large and special envoy for Holocaust issues for the State Department from 2002 to 2003, has become president of the First Freedom Center. The Center is devoted to increasing understanding and respect for religious liberty...

Sunrise Rock Cross-- Focus of SCOTUS Decision-- Stolen By Vandals

Posted on May 11, 2010
The Cross on Sunrise Rock in Mojave National Preserve-- the focus of a recent Supreme Court decision-- has been torn down by vandals. CNN reports that the 6-foot high metal cross that served as a memorial to those killed in World War I was removed Sunday night from its difficult-to-reach site in the California desert...

Meida Report Kagan To Be SCOTUS Nominee

Posted on May 10, 2010
CNN and other media are reporting that President Barack Obama will announce today that he will nominate Solicitor General and former Harvard Law School Dean Elana Kagan to the U.S. Supreme Court to replace retiring Associate Justice John Paul Stevens...

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Swedish Law Firm Sues Government For Discrimination After Muslim Lawyer Is Removed From Case

Posted on May 10, 2010
In Sweden, a law firm has filed an unusual discrimination lawsuit against the state according to Saturday's The Local. Last fall, a Muslim lawyer from the firm of Salmi & Partners was appointed by the country's Migration Board to represent an Egyptian Christian and his family who were seeking asylum because of persecution by Muslims in Egypt...

Court Settles Dispute Between Church and Its Former Treasurer

Posted on May 10, 2010
In Casa de Oracion, Church of God of Prophecy v. Carrasco, 2010 Cal. App. Unpub. LEXIS 3333 (CA 6th App., May 7, 2010), a California Court of Appeals upheld a trial court's resolution of a dispute between a San Jose church and its former treasurer. Applying neutral principles, the court found that the unincorporated Church of Prophecy changed its status to a corporation knonw as Casa de Oracion and the corporation became the owner of the church's property...

Recent Articles and Book of Interest

Posted on May 10, 2010
From SSRN:Salim Farrar, The Role of the Defence in Islamic Law, (Sydney Law School Research Paper No. 10/42, May 4, 2010).Mark L. Movsesian, Elusive Equality: The Armenian Genocide and the Failure of Ottoman Legal Reform, (University of St. Thomas Journal of Law & Public Policy, Forthcoming)...

Establishment Claim Against Charter School Proceeds, But Students May Not Intervene

Posted on May 09, 2010
In ACLU v. Tarek ibn Ziyad Academy, (D MN, May 7, 2010), a Minnesota federal district court refused to dismiss the ACLU's claim against individual board members of a charter school in a suit that alleged the school is in fact sectarian and promotes Islam in violation of the Establishment Clause...

Court Rejects Constitutional Argument Against Limit On Child's Religious Exposure

Posted on May 09, 2010
A Chicago trial court judge has rejected constitutional arguments by law student Joseph Reyes who, in a widely publicized custody case, defied a court order that he not expose his daughter to any religion other than Judaism. (See prior posting.) Reyes argued that the order was unconstitutional because the order was too vague, and that the court cannot constitutionally determine what constitutes the Jewish religion...

Arizona Eliminates Last Limits on Sunday Liquor Sales

Posted on May 09, 2010
The Verde (AZ) Independent reports that on Thursday Arizona Gov. Jan Brewer signed HB 2143 that eliminates the ban on early morning Sunday liquor sales. Church goers have been protected from liquor temptations by the ban on sales before 10:00 a.m. Now, when the new law takes effect at the end of July, liquor sales on Sunday will be no different than on other days-- beginning at 6:00 a...

Court Overrules Jewish Cemetery's Objections To Moving of Body

Posted on May 09, 2010
An Allegheny County, Pennsylvania court has overruled the objections of a Jewish cemetery and permitted the body of a man who died almost 45 years ago to be reburied elsewhere as requested by his family. Yesterday's Pittsburgh Post-Gazette reports on the dispute between the Orthodox Jewish Poale Zedeck cemetery and Howard Tobin's widow (recently deceased)and daughter, who want their husband and father moved to the Star of David section of Homewood Cemetery where Tobin's widow also bought plots for herself and their son who died in 2008...

Recent Prisoner Free Exercise Cases

Posted on May 09, 2010
In Munson v. Norris, (8th Cir., May 3, 2010), the 8th Circuit Court of Appeals affirmed a trial court's instructions to the jury on the elements of an Establishment Clause claim by a paroled prisoner who exhibited sexual deviancy. Plaintiff claimed he was forced to recite a prayer at the end of 12-step meetings that were part of his parole...

Court Explains Continued Jurisdiction Over Santa Rosa Schools Consent Decree

Posted on May 08, 2010
In yet another installment in the attempt by teachers, parents and others to challenge a consent decree entered into by the Santa Rosa Florida school district to settle an Establishment Clause challenge to religious activities in the schools, a Florida federal district court this week issued a ruling "intended to memorialize the basis for the court's conclusion that it retains ancillary enforcement jurisdiction over the consent decree...

NY Community Board Approves Plans For Mosque Near Ground Zero

Posted on May 08, 2010
In New York City, the Community Board of lower Manhattan voted unanimously Wednesday night to support a planned 15-story community center which will include a mosque two blocks away from ground zero. CNN reported Friday that the plans, which do not legally need Community Board approval, were drawn up by two groups devoted to promoting greater understanding of Muslims...

North Carolina Diocese Settles Abuse Case For $1M

Posted on May 07, 2010
The Diocese of Charlotte, North Carolina has agreed to settle a priest sexual abuse case by paying the victim $1 million, as well as paying for counseling for him. Today's Charlotte Observer reports that the lawsuit involves abuse by Rev. Robert Yurgel when plaintiff was an altar boy in 1999 at Charlotte's St...

Police Departments Cancel Security Webinar Over Charges of Anti-Muslim Bias

Posted on May 07, 2010
In Washington state, objection to alleged anti-Muslim bias of one of the sponsoring groups has led to cancellation of a planned April 29 web-based seminar on security technology for law enforcement officers. A press release yesterday from the Washington state chapter of the Council on American Islamic Relations reports that the Washington State Patrol and the Seattle Police Department withdrew from the program because of objections to involvement of Security Solutions International which CAIR says has "offered misinformation about Islamic history, promoted Muslim 'control' and 'take over' conspiracy theories, advocated profiling local Muslim communities, and smeared mainstream American Muslim organizations...

Appeal of Windermere Quiet Title Action Dismissed

Posted on May 07, 2010
Last week, a Missouri appellate court handed another defeat to the Missouri Baptist Convention in its attempt to regain control of the Windermere Baptist Conference Center that broke away from the Convention, along with four other institutions, in a dispute over the fundamentalist stance of Convention leaders...

DC Circuit Dismisses Suit Challenging Past and Future Inaugural Prayers and Presidential Oath

Posted on May 07, 2010
Today in Newdow v. Roberts, (DC Cir., May 7, 2010), the Court of Appeals for the D.C. Circuit dismissed an Establishment Clause challenge to prayer and the use of "so help me God" in the oath at Presidential inauguration ceremonies. An opinion by Judge Brown, joined by Judge Ginsburg, held that the suit should be dismissed on mootness and standing grounds, while a concurring opinion by Judge Kavanaugh would have dismissed on the merits...

"Year of Our Lord" Language Omitted In Jewish-American Heritage Proclamation

Posted on May 06, 2010
As previously reported, on April 30 President Obama issued a Proclamation declaring May to be Jewish American Heritage Month. The New Jersey Jewish News this week points out an interesting element of religious sensitivity in the Proclamation. The standard formula in reciting the date on which Presidential proclamations (and many other formal government documents) are signed would be: "In Witness Whereof, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth...

9th Circuit: Religious Group In Prison Is "State Actor"

Posted on May 06, 2010
In Florer v. Congregation Pidyon Shevuyim, (9th Cir., May 5, 2010), the 9th Circuit held that a Jewish organization which had contracted with the Washington Department of Corrections to provide Jewish religious services to prisoners acted under color of state law and not merely as a private party for purposes of a prisoner's RLUIPA claim...

Hawaii Group and Lt. Gov. Criticized Over Church-State and Gay Issues

Posted on May 06, 2010
A press release issued Monday by Hawai'i Citizens for the Separation of State and Church reports that last weekend's convention of Ohau County Democrats passed resolutions denouncing the group Transformation Hawai'i (now known as Hawai'i He'e Nalu) for supporting efforts in Uganda to criminalize homosexuality and "to 'establish' particular religious beliefs in Hawaii...

New Costa Rican President Likely To Maintain Role of Catholic Church

Posted on May 06, 2010
CNS reported yesterday that Costa Rica's new President, Laura Chinchilla, who will be sworn in this week end, is likely to maintain traditional ties between the government and the Catholic Church. Article 75 of Costa Rica's Constitution provides: "The Roman Catholic and Apostolic Religion is the religion of the State, which contributes to its maintenance, without preventing the free exercise in the Republic of other forms of worship that are not opposed to universal morality or good customs...

Suit Chalenges Use of Cathedral For High School Commencement

Posted on May 06, 2010
In Connecticut, the ACLU and Americans United have been objecting to several high schools' traditional use of Bloomfield, Connecticut's First Cathedral for their graduation ceremonies. (See prior posting.) One of the schools, Enfield High School, originally agreed to move this year's ceremony to school property, but after objections were raised by the Family Institute of Connecticut, the school board last month decided to move the ceremonies back to the Cathedral...

French Lawmaker's Op-Ed Argues For Burqa Ban

Posted on May 05, 2010
Jean-Francois Cope, majority leader in the French National Assembly and the mayor of Meaux, writes an op-ed in today's New York Times explaining his support for a proposed ban in France on wearing the burqa or niqab in public. In a piece titled Tearing Away the Veil he argues: The ban would apply to the full-body veil known as the burqa or niqab...

Pastor's Conviction Reversed By Consent After Noise Ordinance Held Unconstitutional

Posted on May 05, 2010
Now that a federal district court has enjoined Phoenix, Arizona officials on constitutional grounds from enforcing the city's noise ordinance against church bells and carillons (see prior posting), an Arizona Superior Court vacated a municipal court's conviction of a Phoenix pastor...

Developments In Rubashkin Trials

Posted on May 05, 2010
Last week, a two-day sentencing hearing for Sholom Rubashkin, former executive at Agriprocessors, Inc.'s Iowa kosher meat packing plant, was concluded. It is expected that the federal court will hand down a sentence on the 86 counts of financial fraud later this month...

AU Says High School Assemblies Violate Establishment Clause

Posted on May 05, 2010
In a press release yesterday, Americans United announced that it had written the Todd Becker Foundation complaining about the religious nature of programs the organization presents at high school assemblies. (Full text of letter.) While the programs are billed as events that focus on the dangers of drunk driving, AU charges that the programs are based on Bibilical themes and that following the program students individually are given a Bible and invited to accept Jesus...

Italian Town Fines Muslim Woman For Wearing Burqa At Post Office

Posted on May 05, 2010
Last Friday, outside the post office in a suburb of the northern Italian town of Novara, police imposed a 500 Euro fine on a 26-year old Muslim woman who, with her husband, was on her way to the local mosque for prayer services. Today's London Times reports that Tunisian-born Amel Marmouri, wearing a burqa, was charged with violating a local ordinance prohibiting clothing that prevents police from immediately identifying the wearer inside a public building, school or hospital...

Lawsuit Challenges Prayers Referencing Jesus At City Council Meetings

Posted on May 05, 2010
The Contra Costa (CA) Times reports that a lawsuit was filed yesterday in state court in California seeking to enjoin Lancaster (CA) City Council sessions from including any prayer that invokes the name of Jesus. The lawsuit in Los Angeles Superior Court comes three weeks after Lancaster residents, by a vote of more than 3-1, approved a Nonbinding Measure that calls for City Council to continue its present prayer policy...

Parents, Teachers, Students Seek To Bar School Board From Enforcing Consent Decree

Posted on May 05, 2010
Last May, the Santa Rosa County, Florida School Board agreed to settle a lawsuit brought against it by the ACLU challenging various religious practices in the school system. Under the consent decree, prayers are not to be delivered at school events; schools are not to sponsor religious baccalaureate services; school events are not to be held at religious venues where reasonable alternatives exist; and school personnel may not promote their personal religious beliefs to students in class or in conjunction with school events...

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