Religion & Law

Recent Articles and Books of Interest

Posted on May 04, 2009
From SSRN:Jessie Hill, Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time, (Duke Law Journal, Vol. 59, January 2010).Caroline Mala Corbin, The First Amendment Right Against Compelled Listening, (Boston University Law Review, Vol...

Cert. Denied In Challenge To Marijuana Laws

Posted on May 04, 2009
The U.S. Supreme Court today denied certiorari in Olsen v. Holder, (Docket No. 08-777) (Order List.) In the case (captioned below as Olsen v. Mukasey) the U.S. 8th Circuit Court of Appeals held that plaintiff's attempt to enjoin enforcement against him of the federal and Iowa's controlled substances acts should be dismissed...

Canadian Court Orders More Hearings On Whether Witness Can Wear Niqab

Posted on May 03, 2009
Toronto's Globe and Mail and the National Post report on a decision handed down last Thursday by Ontario's Superior Court of Justice on whether a Muslim woman should be allowed to testify in court with her face fully covered by a niqab. The Toronto-area woman wants to testify with her face veiled at the trial of two men charged with sexually assaulting her when she was a child...

Australian Court Rejects Muslim Man's Claim of Invalidity of Marriage

Posted on May 03, 2009
The Family Court of Australia has handed down an interesting decision in Wold & Kleppir, ([2009] FamCA 178, Feb. 6, 2009), a case in which a husband defended against his wife's claim for a property settlement by asserting that the couple were never validly married...

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Teacher's Criticism of Creationism Found Violative of Establishment Clause

Posted on May 03, 2009
In C.F. v. Capistrano Unified School District, (CD CA, May 1, 2009), a high school student and his parents brought suit against high school history teacher James Corbett alleging that Corbett violated the Establishment Clause by making repeated comments in class hostile to religion in general and Christianity in particular...

Q&A on Hate Crimes Bill Seeks To Reassure Religious Leaders

Posted on May 03, 2009
Third Way has recently issued a memo titled Questions and Answers about the Hate Crimes Bill for People of Faith. It attempts to alleviate concerns raised particularly by conservative Christian groups about religious freedom and the Hate Crimes Prevention Act that has recently passed the House...

5th Circuit: Prison's Rules On Buddhist Services May Violate RLUIPA

Posted on May 03, 2009
In Newby v. Quarterman, (5th Cir., April 30, 2009), the U.S. 5th Circuit Court of Appeals upheld a Buddhist inmate's challenge to Texas prison rules that require religious services in his prison unit to be conducted by either a chaplain or an approved religious volunteer...

1st Amendment Challenge To Termination of Parental Rights Dismissed

Posted on May 03, 2009
In Haines v. New Hampshire Department of Health and Human Services, 2009 U.S. Dist. LEXIS 36331 (D NH, April 28, 2009), a New Hampshire federal magistrate judge held that the Rooker-Feldman doctrine deprives the federal court of jurisdiction to review a state court's termination of a mother's parental rights and rulings on visitation...

Zoning Challenge Dismissed On Ripeness Grounds

Posted on May 03, 2009
In Miles Christi Religious Order v. Northville Township, 2009 U.S. Dist. LEXIS 36228 (ED MI, April 30, 2009), a Michigan federal district court dismissed as unripe a challenge to a Township's zoning determination classifying as a small church the house where Miles Christi priests and monks reside and conduct classes and services...

New Approach Attempted In Challenge To Drug Laws By Religious Users

Posted on May 03, 2009
In Olsen v. Holder, 2009 U.S. Dist. LEXIS 35300 (SD IA, April 27, 2009), a priest in the Ethiopian Zion Coptic Church-- which employs marijuana in its religious rituals-- attempted a new approach in challenging federal laws banning marijuana use. Instead of asserting free exercise claims, he sought a declaratory judgment and injunction against continuing marijuana as a Schedule I drug under federal law...

Recent Prisoner Free Exercise Cases

Posted on May 03, 2009
In Johnson v. Killian, 2009 U.S. Dist. LEXIS 34670 (SD NY, April 21, 2009), a New York federal district court rejected for failure to exhaust administrative remedies plaintiffs' objections to Muslim inmates being limited to performing congregational prayer once a day, five times per week, and limits on their ability to pray individually in their cells...

Utah High Court Finds Church's Theft of Funds Violates Anti-Racketeering Statute

Posted on May 03, 2009
In Hill v. Estate of Owen A. Allred, (UT Sup. Ct., May 1, 2009), the Utah Supreme Court held that an elaborate scheme by a religious group and some of its followers to steal $1.54 million from a woman who thought the funds were being used to purchase a ranch violates Utah's Pattern of Unlawful Activity Act...

Obama Will Sign Proclamation, But Not Host Ceremony, On National Day of Prayer

Posted on May 02, 2009
At yesterday's White House Press Briefing (full text), Press Secretary Robert Gibbs announced that on Thursday, May 7, the President will sign a Proclamation recognizing the day as National Day of Prayer. The announcement follows extensive speculation and uncertainty about the President's plans...

Preliminary Injunction Permits School Posters Advertising See You At The Pole

Posted on May 02, 2009
In Gold v. Wilson County School Board of Education, (MD TN, May 1, 2009), a Tennessee federal district court judge issued a preliminary injunction barring Wilson County (TN)'s Lakeview Elementary School from enforcing a broadly written school speech policy to suppress religious references on posters made by students and parents to publicize "See You At the Pole" and National Day of Prayer events at the school...

EEOC Gets Settlement In Suit Against Hospital That Refused Leave For Hajj

Posted on May 02, 2009
The EEOC announced this week that a Tennessee federal judge on Monday issued a two-year consent decree settling a religious discrimination lawsuit that the agency had filed against Nashville's Southern Hills Medical Center. The suit alleged that the hospital had refused to permit a Muslim employee to use earned vacation time for an extended leave to make his Pilgrimage to Mecca...

USCIRF Issues 2009 Report On Religious Freedom Concerns In Various Countries

Posted on May 01, 2009
The. U.S. Commission on International Religious Freedom today issued its 2009 Annual Report. The 274-page document issued under the 1998 International Religious Freedom Act recommends that the President designate 13 countries as "countries of particular concern"-- those where violations of religious freedom are the greatest...

UN Official Surveys Religious Freedom In Macedonia

Posted on May 01, 2009
United Nations Special Rapporteur on freedom of religion or belief, Asma Jahangir, has concluded a 5-day visit to Macedonia, according to a report yesterday by UN News Centre. Her statement (full text) issued in a press release at the end of the visit says in part: The Constitution provides that religious communities and groups are separate from the state and equal before the law...

Blogger Sues Police Over Revelation of Identity To Church

Posted on May 01, 2009
ABP reported yesterday on a lawsuit filed against Jacksonville, Florida police and state prosecutors by a blogger whose identity was revealed to his church by defendants who opened a criminal investigation into the blog at the request of church leaders...

RLUIPA Decision On Church Zoning Appealed By County To 10th Circuit

Posted on May 01, 2009
According to the Longmont Times-Call, the Boulder (CO) County Commission voted yesterday to direct the county attorney's office and its special counsel to file an appeal with the 10th Circuit in Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado...

ACLU Suit Challenges Zoning Limits On Church Use For Homeless Shelter

Posted on May 01, 2009
The ACLU of Pennsylvania announced yesterday that it has filed a federal lawsuit against North Coventry Township (PA) on behalf of Shenkel United Church of Christ challenging the township's refusal to permit the church to use its building to provide shelter to the homeless for a one month period...

Justice Department Settles Lakewood, NJ Housing Discrimination Case

Posted on May 01, 2009
In a press release yesterday, the U.S. Department of Justice announced a settlement in a discrimination lawsuit filed against the owner, manager and former manager of Cottage Manor Apartments in Lakewood, New Jersey. The Department of Housing and Urban Development, on behalf of tenants, charged that defendants engaged in discrimination on the basis of religion, race and national origin...

Britain To Require Sex Ed In Schools, But With Modifications For Faith Schools

Posted on May 01, 2009
On Monday, Britain's Department for Children, Schools and Families published a 56-page report titled Independent Review of the Proposal to Make Personal, Social, Health and Economic(PSHE) Education Statutory. As reported Tuesday by the Independent and the Guardian, the report-- whose recommendations have been accepted by Children's Secretary Ed Balls-- concludes that sex education should become a compulsory subject in both primary and secondary schools...

Souter Announces Retirement From Supreme Court; Here Are His Religion Decisions

Posted on May 01, 2009
U.S. Supreme Court Associate Justice David Souter sent a letter to President Obama today informing him that he plans to retire at the end of the Court term this year. President Obama delivered a statement (full text) in the White House briefing room praising Souter's service on the court...

3rd Circuit Rules On Constitutional Claims By 3 Abortion Protesters

Posted on April 30, 2009
On Monday, the U.S. 3rd Circuit Court of Appeals issued decisions in three related lawsuits brought by abortion protesters who regularly confront women outside a York, Pennsylvania Planned Parenthood Clinic to dissuade them from entering the clinic and having an abortion...

Obama's First 100 Days Performance On Religion and Faith Is Assessed

Posted on April 30, 2009
Yesterday's flood of coverage on President Obama's first 100 Days included at least two assessments of the President's handling of matters of faith and religion. US News & World Report says:In his first 100 days in office, President Obama has sought a bold new role for faith in the White House, which aides say is aimed largely at dialing down the decades-old culture wars...

Senate Judiciary Hearing Held On Nominees for Civil Rights Division, Judgeships

Posted on April 30, 2009
Yesterday, the U.S. Senate Judiciary Committee held a hearing on three nominees (webcast of hearing):Thomas E. Perez, to be Assistant Attorney General, Civil Rights Division, Department of Justice. (See prior posting.)David F. Hamilton, to be United States Circuit Judge for the Seventh Circuit...

Britain's New Equality Bill Published and Introduced Into Commons

Posted on April 30, 2009
Last Friday, Britain's long-awaited Equality Bill was introduced into the House of Commons, and the bill was published on Monday. (Shoosmiths). Plans for the bill were first announced in the Queen's speech to Parliament last December. (See prior posting)...

House Passes Hate Crimes Prevention Act

Posted on April 30, 2009
Yesterday, the U.S. House of Representatives, by a vote of 249-175, passed and sent on to the Senate HR 1913, the Local Law Enforcement Hate Crimes Prevention Act. The bill makes a number of changes in federal law. It expands federal support for local prosecutors investigating hate crimes and expands the definition of hate crimes to include attacks targeted at individuals because of their gender, sexual orientation, gender identity, or disability...

California High Court Will Not Hear Appeal On Expulsion Of Lesbian Students

Posted on April 30, 2009
The San Francisco Chronicle reports that the California Supreme Court, over the dissent of Justice Kathryn Mickle Werdegar, has refused to review the court of appeals decision in Doe v. California Lutheran High School Association. In the case, brought by two students who were expelled from a Lutheran high school because of their lesbian relationship, the court of appeals held that a private religious high school is not a "business enterprise" and therefore is not subject to the Unruh Civil Rights Act...

Suspended Proselytizing Lawyer Sues Charging Conspiracy

Posted on April 30, 2009
Yesterday's West Virginia Record reports on a lawsuit filed last month in state circuit court by suspended lawyer David Harless against a prominent Charleston (WV) lawyer, Scott Segal. (The West Virginia Record last month detailed background on the case and on the suspension of Harless who has been diagnosed with bipolar disorder...

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