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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

Party Complains That Ukraine Government Is Favoring Moscow Patriarchate Over Kiev

Posted on February 15, 2011
Interfax today reports that in Ukraine, the opposition Our Ukraine Party has written President Viktor Yanukovich and Prime Minister Nikolay Azarov complaining about pressure by law enforcement personnel on Orthodox clergy to transfer their allegiance from the Kiev Patriarchate to the Moscow Patriarchate...

Michigan Bill Would Increase Penalties For Disturbing Religious Services

Posted on February 15, 2011
The Livingston County (MI) Daily Press and Argus reports on passage by the Michigan state Senate last week of Senate Bill 19 which would increase the penalties for interrupting or disturbing services at any building that is clearly identified as one used for religious purposes...

Ohio Supreme Court: Church Can Get Separate Tax Exemption For Sports Fields

Posted on February 15, 2011
Ohio law provides for property tax exemptions both for houses of worship (RC 5709.07(A)(2)) and for property used for charitable purposes (RC 5709.12(B)). An Akron, Ohio church acquired 79.8 acres on which it built a church building and also softball and soccer fields and a jogging path which it viewed as part of its sports ministry...

Christian Coalition Blocking Sunday Liquor Sales Bill In Georgia

Posted on February 15, 2011
Today's Atlanta Journal Constitution reports that religious conservatives are increasing pressure on Republicans in the state Senate to kill a bill that would allow local referenda to authorize the sale of alcoholic beverages at retail stores on Sundays...

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Valentine's Day Stirs Religious Objections In Parts of the World

Posted on February 14, 2011
Today is Valentine's Day. But Voice of America reports that in parts of the world religious objections to celebrating the day continue. In southern India, members of a Hindu political party burned Valentine's Day cards, decrying cultural exploitation and sexual greetings on cards...

Boehner Believes Obama Is A Christian But "Not My Job To Tell the American People What To Think"

Posted on February 14, 2011
Republican House Speaker John Boehner was a guest on NBC's Meet the Press yesterday. (Full transcript.) His interview included an exchange regarding the perceptions of some Americans regarding President Barack Obama's religious beliefs. Host David Gregory played a tape of an Iowa focus group of voters during which one woman said she believes that Obama is a Muslim...

Proposed New Tax Law In India Will Impact Religious Trusts

Posted on February 14, 2011
The Times of India on Saturday reported that a group of religious trusts held a news conference to oppose certain provisions in the proposed Direct Tax Code pending in India's Parliament. Under the proposal, trusts or institutions created for the benefit of a particular caste or community would no longer qualify as non-profit organizations...

Recent Articles of Interest

Posted on February 14, 2011
From SSRN:Robert Steinbuch and Brett Tolman, That Ain't Kosher, (University of Arkansas at Little Rock Law Review, Vol. 33, No. 1, 2010).Evelyn Tenenbaum and Sarah E. Ricks, Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA, (Current Issues in Constitutional Litigations: A Context and Practice Casebook, p...

Gymnastics Competition Refuses Full Religious Accommodation for 7 Year Old

Posted on February 13, 2011
North Jersey's The Record today reports on the issues faced by a 7-year old Jewish gymnast when New Jersey gymnastic competition officials refused to accommodate her Sabbath observance. Amalya Knapp, a second grader at Yeshiva of North Jersey was, for religious reasons, unable to compete in the Saturday afternoon events...

6th Circuit En Banc Finds Teachers Have Municipal Taxpayer Standing In Establishment Clause Suit

Posted on February 13, 2011
In Smith v. Jefferson County Board of School Commissioners, (6th Cir., Feb. 11, 2011), the U.S. 6th Circuit Court of Appeals, en banc, in an 11-4 opinion, held that two plaintiff school teachers have standing as municipal taxpayers to bring an Establishment Clause challenge to the closing of the a Tennessee school district's alternative school and its outsourcing the services instead to a Christian private school...

Recent Prisoner Free Exercise Cases

Posted on February 13, 2011
In Orso v. Shumate, 2011 U.S. Dist. LEXIS 10706 (D LA, Feb. 3, 2011), a Louisiana federal district court held that a Native American inmate adequately alleged a substantial burden on his religious beliefs in being prevented from attending a Pow Wow and performing a mourning ceremony...

9th Circuit Hears Oral Arguments In Establishment Clause Challenge To Teacher's Comments

Posted on February 12, 2011
The U.S. 9th Circuit Court of appeals yesterday heard oral arguments (recording of full arguments) in in C.F. v. Capistrano Unified High School. In the case, the district court found that an in-class comment by high school history teacher James Corbett which characterized creationism as "superstitious nonsense" violated the Establishment Clause...

Court Says Synagogue Needs Zoning Variance To Operate A Yeshiva

Posted on February 12, 2011
In Congregation Anshei Roosevelt v. Planning and Zoning Board of the Borough of Roosevelt, (NJ App., Feb. 9, 2011), the New Jersey Superior Court Appellate Division upheld a town's planning and zoning board decision to require a synagogue to apply for a variance in order to operate a yeshiva (school) in its building...

Hawaii House Will Continue Prayers, Despite Senate's Opposite Move

Posted on February 11, 2011
Last month, responding to a complaint by the ACLU, the Hawaii state Senate voted to end the practice of opening its sessions with prayer. (See prior posting.) The state House of Representatives, however, will not follow the Senate's lead. AP reports that on Wednesday the Hawaii House adopted new rules that provide for prayer to precede the formal opening of each House session...

Swedish Ombudsman Sues UPS For Refusing To Accommodate Muslim Employee's Wearing of Beard

Posted on February 11, 2011
The Local reported yesterday that Sweden's Equality Ombudsman has filed a lawsuit against United Parcel Service charging the company with discrimination for discharging a Muslim employee who insisted on wearing a beard. UPS refused to make an exception for religious beliefs...

Tennessee Bill Would Bar Local Protection Against Sexual Orientation Discrimination in Employment

Posted on February 11, 2011
On Monday, state representative Glen Casada introduced HB 331 in the Tennessee legislature. The bill would bar localities from enacting employment discrimination ordinances that go further than state law. Titled the Equal Access to Local Government Contracts and Services Act, the law would effectively preclude cities from barring discrimination on the basis of sexual orientation...

USCIRF Urged To Support Iranian Baha'is

Posted on February 11, 2011
CNN reports that on Wednesday, a group of American Baha'is met with the U.S. Commission on International Religious Freedom to urge that the U.S. keep up pressure on the Iranian government over persecution of Baha'is in Iran. Baha'is have long been persecuted in Iran...

Quebec's National Assembly Approves Ban On Kirpans In Parliament Building

Posted on February 10, 2011
In Canada, Quebec's National Assembly yesterday unanimously approved a motion supporting security officials' decision last month (see prior posting) to deny entry to Parlilament Building to a group of Sikhs who were wearing their kirpans (ceremonial daggers)...

Pagan Group Continues Battle For Tax Exemption For Property

Posted on February 10, 2011
Today's New York Times reports on the long legal battle in which a pagan religious group in the Catskill Mountains is seeking a tax exemption for its Phrygianum (religious convent). At issue is a former inn (Central House) that was the fictional home of Rip Van Winkle...

Title VII Claim By Seventh Day Adventist Against Police Department Rejected

Posted on February 10, 2011
In Morgan v. City and County of Denver, 2011 U.S. Dist. LEXIS 11918 (D CO, Feb. 7, 2011), a Colorado federal district court approved a magistrate's recommendations (2010 U.S. Dist. LEXIS 141090, Dec. 29, 2010) and dismissed a Title VII religious discrimination claim brought by a Seventh Day Adventist against the Denver Police Department Records Bureau...

Suit Against Air Force Academy Prayer Luncheon Is Dismissed

Posted on February 10, 2011
Making oral findings of fact and conclusions of law, a Colorado federal district court yesterday dismissed a suit that sought to enjoin a National Prayer Luncheon at the U.S. Air Force Academy scheduled for Feb. 10. The suit claimed that the luncheon violates the Establishment Clause...

Pakistani Court Issues Arrest Warrant for Former Religious Affairs Minister Over Haj Scam

Posted on February 10, 2011
In Pakistan, a judicial magistrate's court in Islamabad today issued an arrest warrant for former religious affairs minister Hamid Saeed Kazmi. Zee News reports that the order was requested by the Federal Investigation Agency that is looking into charges that Kazmi took kickbacks and commissions in arranging accommodations for Haj pilgrims last year...

Muslim Brotherhood Leader Outlines Its Goals In Egypt

Posted on February 10, 2011
In today's New York Times, Essam El-Errian, a member of the guidance council of Egypt's Muslim Brotherhood, has published an op-ed outlining the goals of the Muslim Brotherhood. He says in part:We aim to achieve reform and rights for all: not just for the Muslim Brotherhood, not just for Muslims, but for all Egyptians...

1st Circuit: Puerto Rico's Controlled Access Law As Applied Unreasonably Burdens Jehovah's Witnesses

Posted on February 09, 2011
In Watchtower Bible and Tract Society of New York, Inc. v. Segardia de Jesus, (1st Cir., Feb. 7, 2011), the U.S. 1st Circuit Court of Appeals dismissed a facial challenge brought by the Jehovah's Witnesses to Puerto Rico's Controlled Access Law, but vacated the trial court's order denying injunctive and declaratory relief on an "as applied" challenge to the law...

Israeli Civil Court Grants Damages To Wife Whose Husband Refused To Grant Her A Religious Divorce

Posted on February 09, 2011
The Jerusalem Post reported last week that, for the first time, an appellate court in Israel has ruled that a Jewish woman who has been refused a religious divorce (get) by her husband may recover damages in civil court. The decision by the Tel Aviv district court was handed down in a case brought by a woman whose husband has refused for 16 years to give her a religious divorce document...

Court Dismisses Establishment Clause Challenge To Grant for Bald Knob Cross

Posted on February 09, 2011
In Sherman v. State of Illinois, (CD IL, Feb. 8, 2011), an Illinois federal district court adopted a magistrate's report and recommendations (see prior posting) and dismissed a suit by activist Robert Sherman that challenged on Establishment Clause grounds a $20,000 state renovation grant for Bald Knob Cross...

Obama Resubmits Nomination for International Religious Freedom Ambassador

Posted on February 09, 2011
Last June, President Obama nominated Dr. Suzan D. Johnson Cook as Ambassador-at-Large for International Religious Freedom (See prior posting.) The Senate Foreign Relations Committee held hearings on her nomination (see prior posting), but the full Senate never voted on it...

ACLU Settles With Some of the Parties In Suit Challenging Minnesota Charter School

Posted on February 08, 2011
The ACLU of Minnesota has reached a settlement agreement with Islamic Relief USA and Minnesota's commissioner of education in a long-running lawsuit accusing a charter school, TiZA, of violating the establishment clause by promoting Islam. (See prior posting...

TV and Web Coverage Approved for Closing Arguments In BC Polygamy Law Challenge

Posted on February 08, 2011
In Canada, for 8 weeks the British Columbia Supreme Court has been hearing testimony in a case challenging the constitutionality of the province's ban on polygamy. The Vancouver Sun reported yesterday that now a judge has approved the use of television cameras and Webcams to cover the two weeks of closing arguments in the case that are scheduled to start on March 28...

Israeli Police Issue Arrest Warrant For Rabbi Who Supported Book Justifying Killing of Non-Jews

Posted on February 08, 2011
Haaretz reports today that an arrest warrant has been issued by Israeli authorities against Rabbi Dov Lior, head rabbi of Kiryat Arba, after Lior endorsed an inflammatory book written in late 2009 in which the authors argued that Jewish law justifies killing of non-Jews...

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