Religion & Law

Recent Prisoner Free Exercise Cases

Posted on June 21, 2009
In Desimone v. Bartow, 2009 U.S. Dist. LEXIS 48689 (ED WI, June 10, 2009), a Wisconsin federal district court rejected an inmate's claims that his free exercise rights protected by RLUIPA were infringed when authorities seized various journals and documents written in Atlantean...

French Legislators Want Investigation of Wearing Of Burqas

Posted on June 20, 2009
Reuters reported on Friday that in France, nearly 60 legislators have asked a Parliamentary commission to investigate the spread of the practice of women wearing the burqa in France. If the investigation shows that women are being coerced into wearing the religious full face and body covering, Parliament may ban burqas in the country in order to protect individual freedoms.

Khamenei Sermon Defends Iran's Theocracy, Criticizes US Religious Freedom Record

Posted on June 20, 2009
Friday's now-famous sermon in Iran by Supreme Leader Ali Khamenei on the Iranian election results contained less reported passages defending Iran's theocratic form of government and criticizing the religious freedom record of the United States. Here, from the full text in English translation (via Juan Cole), are excerpts on religion and state: These elections showed our religious democracy to the entire world...

Appeals Filed In Valedictorian Speech, Montana Law School CLS, Cases

Posted on June 20, 2009
Two appeals of interest have recently been filed. On Thursday, a petition for certiorari (full text) to the U.S. Supreme Court was filed in McComb v. Crehan. In the case, the U.S. 9th Circuit Court of Appeals upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references...

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Chaplain Resigns After In-Jail Bar Mitzvah Party Disclosed

Posted on June 19, 2009
On Wednesday, the Forward reported that Satmar Rabbi Leib Glanz has resigned as a New York prison chaplain after it was disclosed that he helped a Jewish prison inmate throw a lavish Bar Mitzvah party inside the Manhattan Detention Center. The party was for the son of Tuvia Stern, a fellow Satmar, who is in jail at "the Tombs" on charges of bank fraud and fleeing the country...

Church Sues Florida School Board Over Flyer Policy

Posted on June 19, 2009
In Fort Myers, Florida, the Cypress Wood Presbyterian Church this week filed a federal lawsuit against the Collier County School Board challenging its policy on distribution of flyers in schools. The complaint (full text) in Cypress Wood Presbyterian Church v...

Civil Rights Group Issues New Report On Hate Crimes

Posted on June 19, 2009
The Leadership Conference on Civil Rights has recently issued a 48-page report titled Confronting the New Faces of Hate: Hate Crimes in America 2009. The report is an update of a similar one issued in 2004. It emphasizes that "the number of hate crimes committed against Hispanics and those perceived to be immigrants has increased each of the past four years for which FBI data is available, and hate crimes committed against individuals because of their sexual orientation has increased to its highest level in five years...

Old Abuse Claim Filed By Cardinal O'Connor's Nephew

Posted on June 19, 2009
Taking advantage of a Delaware 2-year statute of limitations window to file old clergy abuse claims, 31-year old Rich Green, a nephew of the late New York Cardinal John O'Connor, has filed suit against the Oblates of St. Francis de Sales. Today's Philadelphia Inquirer reports that the abuse occurred over a 6-month period when Green was 14...

Obama Speaks At Hispanic Prayer Breakfast

Posted on June 19, 2009
President Obama this morning spoke at the Esperanza National Hispanic Prayer Breakfast held at Washington's JW Marriott Hotel. (Full text of remarks.) He said in part: At a time when there's no shortage of challenges to occupy our time, it's even more important to step back, and to give thanks, and to seek guidance from each other -- but most importantly, from God...

Texas High Court Says State RFRA Applies To Zoning Restrictions

Posted on June 19, 2009
Today in Barr v. City of Sinton, (TX Sup. Ct., June 19, 2009), the Texas Supreme Court held that the strict scrutiny standard in the Texas Religious Freedom Restoration Act applies to zoning ordinances. It went on to hold that the city of Sinton's ordinance that banned correctional or rehabilitation facilities within 1000 feet of residential areas, schools, parks or places of worship infringed the rights of a halfway house for recently released prisoners operated by a religious ministry...

Religious Conservatives Criticize Obama's Extension of Some Benefits To Gay Couples

Posted on June 18, 2009
Yesterday President Barack Obama signed a Memorandum (full text and full text of remarks at signing) extending certain benefits to same-sex domestic partners of government employees. (New York Times.) The White House also released an official statement along with the memorandum...

Padilla Suit Against Yoo Includes RFRA Claim

Posted on June 18, 2009
Last week, in a decision widely reported in the press and blogosphere (AP, Consitutional Law Prof Blog), a California federal district court held that convicted terrorist Jose Padilla can sue former Deputy Attorney General-- now law professor-- John Yoo for drafting legal memos justifying the detention and interrogation of enemy combatants...

Christian Group Sues For Free Access To Arab Festival In Michigan

Posted on June 18, 2009
Arabic Christian Perspective, a group whose goal is to convert Muslims to Christianity, has filed a federal civil rights lawsuit against the Dearborn (MI) police department which has told the group that its members cannot pass out handbills by walking freely through the 4 to 5 block Dearborn Arab International Festival that will be held this weekend...

Court Dismisses Claims Against Church Members Who Picketed Strip Club

Posted on June 18, 2009
Yesterday's Coshocton (OH) Tribune reports that an Ohio federal court judge has dismissed a lawsuit filed by the Foxhole strip club against New Beginnings Ministries. Foxhole, located near New Castle, Ohio, has been picketed since 2007 by New Beginnings members who blocked the club's driveway entrance, blocked patrons and employees from entering, surrounded customers' cars to prevent them from entering, photographed patrons and employees, and threatened patrons with adverse consequences...

Michigan Supreme Court Adopts Rule Allowing Trial Judges To Order Removal of Face Coverings

Posted on June 18, 2009
According to the Detroit Free Press, the Michigan Supreme Court yesterday, by a vote of 5-2, adopted a rule that permits trial judges to decide whether to require witnesses to remove head coverings or face veils. The rule was proposed after a controversy over a small claims court judge who dismissed a Muslim plaintiff's case when she refused to remove her niqab while testifying...

Suit Challenges Academic Credit For Released Time Religious Instruction

Posted on June 18, 2009
In Spartanburg, South Carolina, parents of two high schoolers and the Freedom from Religion Foundation (FFRF) have filed suit in federal court challenging the constitutionality of Spartanburg High School's offering academic credit for religious released-time instruction...

PBS Will Enforce Rule Against Purely Religious Broadcasts

Posted on June 17, 2009
The Board of PBS has decided to begin enforcing a rule that has been on its books since 1985 that prohibits its public television affiliates from carrying purely religious programming. Fox News yesterday reported that the decision will not force six PBS stations that currently carry sectarian programming to end their current coverage, but no new religious shows can be aired by them and none of the 350 other stations can air shows with purely religious content...

India Fails To Approve Visas For USCIRF Delegation

Posted on June 17, 2009
Reflecting the complicated politics involved in both countries, the Indian government has failed to approve visas for members of the U.S. Commission on International Religious Freedom who were supposed to visit the country beginning June 12. Today's India Times reports that Indian officials denied that the failure to issue visas was related to statements made earlier this month by Hindu leader, Shankaracharya Jayendra Sarawati...

Suit Dismissed After University Changes Policy On Outside Speakers

Posted on June 17, 2009
After the 6th Circuit last year reversed a trial court's dismissal of a claim against Ohio's Miami University challenging its policy on access for outside speakers (see prior posting), the University changed it speaker policy and the parties have now settled the lawsuit ...

In Britain, Jewish Couple Sues Over Light Sensors In Hallway On Sabbath

Posted on June 17, 2009
Today's London Mail reports on an unusual religious discrimination lawsuit filed by an Orthodox Jewish couple in the British coastal resort town of Bournemouth. Dr. Dena Coleman, a head teacher at an Orthodox Jewish school in London and her husband Gordon, who purchased a vacation apartment in a building in the town in 2003, object to the motion-sensing light switch that the management company of their building placed in communal hallways six months ago...

Protesters Object To New York MTA Rule Requiring Logos On Religious Headwear

Posted on June 17, 2009
A rally organized yesterday by the Sikh coalition protested the policy of New York City's MTA that allows uniformed workers wear turbans or Muslim head scarves, but only if they are blue and feature the MTA logo. NY1 News reports that elected officials and MTA workers joined the rally...

ACLU Report Says War on Terrorism Financing Infringes Muslims' Religious Freedom

Posted on June 17, 2009
Yesterday the ACLU issued a 166-page report titled Blocking Faith, Freezing Charity: Chilling Muslim Charitable Giving in the "War on Terrorism Financing." A press release accompanying the Report summarizes its findings: U.S. terrorism finance laws and policies unfairly prevent Muslim Americans from practicing their religion through charitable giving, create a climate of fear and distrust in law enforcement and undermine America's diplomatic efforts in Muslim countries...

Court Says Defamation Suit Against Fellow Church Members Can Proceed

Posted on June 16, 2009
In West v. Wadlington, (IN Ct. App., June 10, 2009), the Indiana Court of Appeals reversed a trial court's dismissal of defamation and invasion of privacy claims brought by Rosayln West, a member of the Mt. Olive Missionary Baptist Church in Indianapolis, against two other church members...

Communist Part USA Creates New Religion Commission

Posted on June 16, 2009
According to a report yesterday by the People's Weekly World Newspaper, the Communist Party USA has created a new Religion Commission to reach out to individuals and organizations and to "welcome people of faith into the party." The Commission is headed by Tim Yeager, a Chicago trade unionist and a member of the Episcopal Church...

DC Elections Board Rejects Referendum On Recognition of Same-Sex Marriages From Elsewhere

Posted on June 16, 2009
Last month, the D.C. City Council, over the opposition of local ministers and others, passed an ordinance recognizing same-sex marriages performed elsewhere. (See prior posting.) Bishop Harry Jackson of Hope Christian Church in Beltsville (MD) led a group of largely African-American clergy seeking to place a referendum on the new law before D...

Rebels Say Philippine Army Is Using Mosques As Military Camps

Posted on June 16, 2009
In the Philippines, the army last August resumed its 40 year battle against the Moro Islamic Islamic Liberation Front (MILF) in oil and gas-rich areas in the southern Philippines. The fighting resumed after the Philippine Supreme Court declared a Memorandum of Agreement between the parties illegal...

Defaults On Sharia-Compliant Bonds Create New Legal Issues

Posted on June 16, 2009
Today's Wall Street Journal reports that new legal problems face U.S. bankruptcy judges as for the first time two issues of Sharia-compliant bonds have defaulted. A case in bankruptcy court in Louisiana,--proceedings against energy firm East Cameron Partners LP-- has become the test case...

Entertainment Reporter Will Sue, Saying He Was Fired To Satisfy Scientologists

Posted on June 16, 2009
Today's London Independent reports that in Los Angeles, entertainment journalist Roger Friedman says he plans to sue Fox News that fired him in April. Friedman, who has been a longstanding critic of the Church of Scientology, claims that Fox fired him in order to get actors Tom Cruise and John Travolta-- both adherents of Scientology-- to sign onto future movie projects...

City Prosecutor Sues Youngstown for Employment Discrimination

Posted on June 16, 2009
In Youngstown, Ohio, a Muslim prosecutor in the Youngstown Law Department has filed a federal lawsuit alleging religious discrimination and failure to accommodate his need to attend Friday mosque services. In Ally v. City of Youngstown, (ND OH, filed 5/18/09), (full text of complaint), plaintiff Bassil Ally claims that for two years he was permitted to attend mosque services by being assigned to a courtroom that never met on Friday afternoons...

Court Rejects Selective Prosecution Claim In Faith Healing Death of Young Girl

Posted on June 16, 2009
In Oregon City, Oregon, a state trial court judge has rejected a motion by Carl and Raylene Worthington that second-degree manslaughter and criminal mistreatment charges against them be dismissed. Yesterday's Oregon City News reports that the parents are being prosecuted in the death of their 15-month old daughter, Ava, after they failed to seek medical treatment for her because they believe in faith healing...

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