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Religion & Law

Religion Clause 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

Recent Entries: 5940

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Under Pressure, National Mock Trial Group Agrees To Accommodate Sabbath Needs

Posted on May 08, 2009
Under intense pressure, the National High School Mock Trial Competition yesterday, at the last minute, agreed to a compromise that will accommodate the Sabbath observance needs of the Jewish team members from Maimonides High School of Brookline, Massachusetts in this week end's tournament...


Settlement In Case Challenging NC Park Speech Rule

Posted on May 08, 2009
Liberty Counsel announced yesterday that a settlement has been reached with the North Carolina Division of Parks and Recreation in a suit challenging the constitutionality a rule that requires a permit for any meeting, exhibition, ceremony, or speech in a state park...


Oklahoma Legislature Authorizes 10 Commandments At Capitol

Posted on May 08, 2009
AP reported yesterday that the Oklahoma House of Representatives, by a vote of 83-2, has passed HB 1330, the Ten Commandments Monument Display Act [full text, Word doc]. The bill, previously passed by the Senate, now goes to Gov. Brad Henry for his signature...


European Parliament Recommends Directive Protecting Kosher Slaughter

Posted on May 08, 2009
According to a European Parliament press release, yesterday the European Parliament approved a new directive on protection of animals at the time of slaughter, with an exemption for slaughter according to religious ritual. (Full text of resolution, Word doc, scroll to pg...


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Parents Sue For Records of Lesbian Minister's Talk At High School

Posted on May 08, 2009
Pacific Justice Institute announced yesterday that it had filed suit on behalf of more than 20 California parents against the Castro Valley (CA) Unified School District seeking to force the school board to comply with a public records request. At issue is an attempt by parents to obtain all records relating to a presentation made in Castro Valley High School math and science classes by a lesbian minister...


Controversy Surrounds Today's National Day of Prayer

Posted on May 07, 2009
Today is National Day of Prayer, and the the White House's decision not to host a formal event marking the occasion continues to generate controversy. As reported previously, the President will issue a Proclamation marking the day, but will not be involved beyond that...


Maine Is 5th State To Permit Gay Marriage; New Hampshire Bill Sent To Governor

Posted on May 07, 2009
Maine yesterday became the 5th state to authorize same-sex marriage as Gov. John Baldacci signed LD 1020, "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom." The Brunswick (ME) Times Record reports that the bill moved quickly through the state legislature...


Obama's Mother Was Baptized Posthumously By Mormons

Posted on May 07, 2009
America Blog and the Provo (UT) Daily Herald reported this week that during the 2008 Presidential campaign, someone in the Mormon Church in Provo, Utah posthumously baptized Stanley Ann Dunham, Barack Obama's mother. Time and Seasons explains that the Church has tried to limit baptisms by proxy except where requested by direct descendants...


Hawaii Legislature Passes Resolution Proclaiming "Islam Day"

Posted on May 07, 2009
Hawaii's House and Senate have passed and sent to the governor for signature House Concurrent Resolution 100, declaring September 24, 2009 as "Islam Day" in Hawaii "to recognize the rich religious, scientific, cultural, and artistic contributions Islam and the Islamic world have made since their founding...


Tentative Ruling By California Judge Goes Against Break-Away Episcopal Diocese

Posted on May 07, 2009
In Fresno, California, a Superior court judge has issued a tentative ruling in Diocese of San Joaquin v. Schofield, (Super. Ct., May 4, 2009) [scroll to pg. 48]. He proposed granting summary judgment rejecting the validity of amendments to the articles of incorporation of the corporation sole, The Protestant Episcopal Bishop of San Joaquin...


Legislative Invocations Reprinted By Paper

Posted on May 07, 2009
Yesterday's Oklahoma Gazette reprints at length excerpts from invocations and remarks by clergy offered in the Oklahoma House of Representatives this legislative session. Each week a state representative invites a member of the clergy to be pastor of the week...


Pontifical Academy of Social Sciences Focuses On Human Rights

Posted on May 07, 2009
The 15th Plenary Session of the Pontifical Academy of Social Sciences is meeting in the Vatican through Tuesday. The meetings this year are focused on Catholic social doctrine and human rights. Pope Benedict XVI addressed the group (full text of remarks)...


President Signs National Day of Prayer Proclamation

Posted on May 07, 2009
Today President Obama signed a Proclamation (full text) declaring May 7, 2009 as a National Day of Prayer, as required by Public Law 100-307 (36 USC Sec. 119). The Proclamation reads in part:Throughout our Nation's history, Americans have come together in moments of great challenge and uncertainty to humble themselves in prayer...


Judge McConnell, 1st Amendment Expert, Will Move From 10th Circuit To Stanford

Posted on May 06, 2009
Press releases yesterday from Stanford Law School and the U.S. 10th Circuit Court of Appeals announced that Circuit Judge Michael W. McConnell will resign from the court to join Stanford Law School's faculty as director of the the Stanford Constitutional Law Center...


DC Council, Over Religious Objections, Votes To Recognize Gay Marriages From Elsewhere

Posted on May 06, 2009
According to the Washington Post, over the opposition of a number of local ministers and others, the D.C. City Council yesterday voted 12-1 to recognize gay marriages performed elsewhere. The sole vote against the bill was former D.C. Mayor Marion Barry, who said he decided on his vote after prayer and discussion with religious leaders...


Non-Muslims In Northwest Pakistan Dislocated By Taliban

Posted on May 06, 2009
While the press has focused extensively on demands of Islamists in Pakistan's North West Frontier Province for the institution of Sharia law (see prior posting), less attention has been given to the plight of non-Muslim minority religions in the area...


HUD Swears In Assistant Secretary For Fair Housing

Posted on May 06, 2009
The U.S. Department of Housing and Urban Development announced that John Trasviña was sworn in Monday as Assistant Secretary for Fair Housing and Equal Opportunity. In that position, he heads the office that is responsible for enforcing federal laws assuring equal access to housing, including the Fair Housing Act that bars religious discrimination in the sale, renal and financing of residential housing...


UN Special Rapporteur Evaluates Religious Freedom In Serbia

Posted on May 06, 2009
Yesterday, United Nations Special Rapporteur on freedom of religion or belief, Asma Jahangir, completed a six-day visit to Serbia. UN News Centre reports that Jahangir gave a mixed review to developments in the country. She praised the situation in a number of smaller municipalities that are multi-ethnic, multi-religious and multi-linguistic, and which seem to enjoy an atmosphere of religious tolerance...


Cert. Petition To Be Filed In Episcopal Church Property Dispute

Posted on May 06, 2009
Yesterday, St. James Anglican Church in Newport Beach, CA announced that it will file a petition for certiorari to seek U.S. Supreme Court review of the California Supreme Court's decision in the Episcopal Church Cases. In the case, the California high court held that the building and property of St...


Compliance, Or Not, With Religious Customs Relevant To Suicide Finding

Posted on May 06, 2009
In Green v. William Penn Life Insurance Company of New York, (NY Ct. App., May 5, 2009), New York's high court upheld a trial court's conclusion that Alan Green had committed suicide and his widow was not entitled to receive the proceeds of a half-million life insurance policy...


Al Jazerra Video Shows U.S. Soldiers Who Want To Proselytize In Afghanistan

Posted on May 05, 2009
Al Jazerra yesterday reports on a video, filmed a year ago, showing evangelical Christian soldiers at Bagram air base in Afghanistan with Bibles printed in Pashto and Dari that they hoped to distribute to local residents. The Bibles were sent to a serviceman by his church in the U...


French Trial of Gang Members Accused of Anti-Semitic Torture Is Closed To Press

Posted on May 05, 2009
In France, a court has made the controversial decision to bar journalists from the trial of gang members accused of kidnapping and torturing to death a 23-year-old French Jew, Ilan Halimi. (Background.) A report yesterday by JTA says that Halimi's family and the French Jewish community want the trial opened in order to raise awareness of anti-Semitism in France...


"Joe the Plumber" Gives His Views on Religion and Politics

Posted on May 05, 2009
Monday's Christianity Today carries an interview with Samuel Wurzelbacher , who became known as "Joe the Plumber"-- the symbol of the average American-- in the 2008 Presidential campaign. Wurzelbacher answers questions regarding his Christian faith and his view of the future of the Republican Party...


New Website On "Islamic Lawfare"

Posted on May 05, 2009
The Middle East Forum today announced the launch of a new website, The Legal Project. The website features primary source material and analysis on "Islamic lawfare," described as: attempts by supporters of radical Islam to suppress free discourse on Islam and terrorism by (1) exploiting Western legal systems and traditions and (2) recruiting state actors and international organizations such as the United Nations...


Turkish Author Tried In Abstentia For Insulting Religious Values

Posted on May 05, 2009
AFP today reports that in Istanbul, Turkish author Nedim Gursel goes on trial in abstentia charged under Art. 216 of the Turkish Penal Code with insulting the religious values of the people. The charges grow out of Gursel's novel "The Daughters of Allah...


Leaders In Hungary Propose Ban on Holocaust Denial and Hate Speech

Posted on May 05, 2009
In Hungary, Ildiko Lendvai, leader of the governing Socialist Party, told a May Day celebration last Friday that his party plans to propose a constitutional amendment to ban Holocaust denial and hate speech. MTI reports that the move follows a Holocaust denial demonstration held in Budapest two weeks ago by right-wing organizations including the Magyar Garda Movement.


Claims By Chuch Founder Against City Employees Dismissed

Posted on May 05, 2009
In Kovalev v. City of Philadelphia, (ED PA, April 29, 2009), a Pennsylvania federal district court dismissed a series of constitutional claims brought by Sergei Kovalev against the city and several city employees challenging inspection attempts and the refusal of a building permit for a small additional structure on property that contained his home as well as operations of his "International Church of Eternal Revival ...


Controversy Continues Over UNLV's Proposed Policy On Bias Incidents

Posted on May 04, 2009
At the University of Nevada Las Vegas, faculty concern continues over the University's proposed Policy on Bias Incidents and Hate Crimes. The draft defines a "bias incidents" as: verbal, written, or physical acts of intimidation, coercion, interference, frivolous claims, discrimination, and sexual or other harassment motivated, in whole or in part, by bias based on actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution...


Pakistan Islamists Reject Sharia Court Set Up By Government In Peace Deal

Posted on May 04, 2009
Last month, the government of Pakistan entered an agreement with Taliban insurgents to set up Islamic courts in the Malakand Division of the North West Frontier Province in order to end fighting there. (See prior posting.) Voice of America reports that on Saturday, Pakistani authorities implemented the agreement by setting up an Islamic appellate court and appointing two senior judges to it...


Pope Travels To Jordan, Israel, West Bank At End of This Week

Posted on May 04, 2009
Pope Benedict XVI will be visiting the Middle East beginning the end of this week. He will be in Jordan from May 8 to 11. (Tidings Online.) Then he moves on to visit Israel and the West Bank from May 11 to 15, . The Israel Ministry of Tourism has set up a website with information about this portion of the Pontiff's trip...


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