Religion & Law

Nomination of Creationist As Texas Board of Education Chair Is In Trouble

Posted on April 24, 2009
Texas State Board of Education Chairman Don McLeroy was elevated from board member to his chairmanship position as an interim appointment by Gov. Rick Perry in the summer of 2007. Now, finally, the Texas Senate is holding hearings on whether to ratify his nomination to the chairmanship...

Connecticut Law Implements Same-Sex Marriage Ruling With Exemptions For Religious Organziations

Posted on April 24, 2009
Yesterday Connecticut Governor M. Jodi Rell signed S.B. No. 899, a bill to implement the state Supreme Court's 2008 decision validating same-sex marriages. (AP). The bill also recognizes same-sex civil unions from other states and merges Connecticut civil unions into marriages...

Judge Refuses To Enjoin Installation of New Pastor of Prestigious NY Church

Posted on April 24, 2009
The New York Times reported yesterday that a New York state trial judge effectively denied a motion for a temporary injunction sought by dissidents to prevent the installation of Rev. Dr. Brad R. Braxton as Senior Pastor of the historic Riverside Church on Manhattan's upper West side...

Report Urges Changes To Protect Against Improper Searches of Muslims Returning to US

Posted on April 24, 2009
Earlier this week, Muslim Advocates issued a report titled Unreasonable Intrusions: Investigating the Politics, Faith & Finances of Americans Returning Home. Here is an excerpt from the Executive Summary of the 52-page report: Law-abiding Muslim, Arab and South Asian Americans returning home after overseas travel have experienced widespread, systematic and profound privacy intrusions by federal agents at the nation?s borders and airports...

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6th Circuit Hears Oral Arguments In 10 Commandments Case

Posted on April 24, 2009
Yesterday, the U.S. 6th Circuit Court of Appeals heard oral arguments in ACLU v. Grayson County, Kentucky. In the case, a Kentucky federal district court, on Establishment Clause grounds, permanently enjoined a display of the Ten Commandments as part of a Foundations of American Law and Government Display in the Grayson County Courthouse...

Suit Charges Texas AG's Office With Religious Discrimination

Posted on April 24, 2009
Texas Lawyer reports that earlier this month the former appellate section chief in the Texas Attorney General's Child Support Division filed a religious discrimination lawsuit against the AG's office. She claims that Good Friday gets preferential treatment over Jewish holidays...

Markup of Hate Crimes Bill Begins, Amid Opposition By Some Christian Groups

Posted on April 23, 2009
Yesterday, the House Judiciary Committee began the mark-up of HR 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009. Among other things, the bill will extend coverage to certain crimes committed because of a person's actual or perceived sexual orientation or gender identity...

"Defamation of Religion" and the Durban Review Conference Final Draft

Posted on April 23, 2009
JTA reports that delegates at the United Nations Durban Review Conference in Geneva this week surprisingly adopted the Conference final document on Tuesday, three days before the end of the conference. This move was apparently designed to prevent further debate and modification of the document, or perhaps to prevent further walkouts by delegates...

Amended Complaint Protests Second Song Given To 3rd Graders In Florida School

Posted on April 23, 2009
Last week, a Florida federal district court issued a preliminary injunction on Establishment Clause grounds barring Webster Elementary School in St. Johns County, Florida from directing students to rehearse or perform the Diamond Rio band's song, "In God We Still Trust...

NY Murder Trial, Pevaded By Religion, Ends with Convictions

Posted on April 23, 2009
The New York Times on Monday reported on the conclusion of a Queens (NY) murder trial that has torn apart the small local community of Bukharian Jews. The two defendants were sentenced to life in prison without parole. One defendant, Dr. Mazoltuv Borukhova was charged with hiring the other defendant, Mikhail Mallayev, to murder her estranged husband, Dr...

Suit Challenges Use of Church For High School Graduation

Posted on April 23, 2009
Americans United yesterday announced that it has filed a lawsuit in a Wisconsin federal court seeking to enjoin the Elmbrook (WI) School District from holding graduation ceremonies for its two high schools in Elmbrook Church (or any other religious venue) unless all religious symbols visible to attendees, both inside and outside the church, are covered or removed...

German Parents Challenge Sex Education Module in European Human Rights Court

Posted on April 23, 2009
Earlier this week in Germany, the parents of an 11 year old girl filed an Application (full text) with the European Court of Human Rights challenging a fine of 120 Euros imposed on them by a German court for their refusal to send their daughter to school for four days during which a module on sexual abuse prevention was being taught...

Miss California's Comments On Gay Marriage Create Controversy

Posted on April 23, 2009
Last Sunday night, Miss North Carolina, Kristen Dalton, was crowned Miss USA. (ABC News). However much of the attention since then has been focuses on runner-up, Miss California-- Carrie Prejean. The consensus seems to be that Prejean lost the top spot because of an answer about gay marriage that she gave in response to a question by, Perez Hilton, one of the judges...

Hindu Group in RLUIPA Case Says Temple Size Is A Religious Necessity

Posted on April 23, 2009
AP reported yesterday that the Adhi Parasakthi Charitable, Medical, Educational and Cultural Society has recently filed a federal lawsuit against West Pikeland Township, Pennsylvania, challenging the Township's refusal to permit the group to build a Hindu Temple larger than 5,000 square feet on a 24...

9th Circuit Says Arizona Scholarship Tax Credits Likely Violate Establishment Clause

Posted on April 22, 2009
In Winn v. Arizona Christian School, (9th Cir., April 21, 2009), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court's dismissal of a lawsuit challenging Arizona's scholarship tax credit program. The Court of Appeals held that plaintiffs have taxpayer standing...

Two Days of Negotiations Start Over Reform of FLDS Land Ownership

Posted on April 22, 2009
According to AP, today in Salt Lake City, Utah, two days of meetings begin between all the parties to try to reach an agreement on how to finally deal with FLDS Church property owned by the United Effort Plan Trust. In 2005, Utah appointed a special trustee to modify the trust and provide for secular management of the property owned by the polygamous FLDS sect...

Turkmenistan Court Imposes 2 Years Suspended On Conscientious Objector

Posted on April 22, 2009
Forum 18 reported Monday that in Turkmenistan, a two-year suspended sentence has been imposed on a conscientious objector who refused compulsory military service. Zafar Abdullaev, a Jehovah's Witness, was charged with violating Article 219, Part 1 of the Criminal Code...

Pastor Sues Broadcaster For Stopping His Religious Activities At CNN Building

Posted on April 22, 2009
In Atlanta (GA), pastor Dick Christensen has filed suit against CNN, Turner Broadcasting and a security guard for false imprisonment, assault and battery, and violating his free speech and free exercise of religion rights. According to WSBTV News yesterday, in December 2008 Christensen and others were proselytizing, carrying banners and handing out Christian literature in front of the CNN headquarters building...

Judge Orders FBI To Turn Documents On Surveillance of Muslims Over to Court

Posted on April 22, 2009
The ACLU of Southern California yesterday won a preliminary victory in a Freedom of Information Act lawsuit it filed in 2007 on behalf of 11 Muslim American leaders, mosques and local organizations who are seeking information on FBI monitoring of themselves and other groups...

Christian Leaders In Australian Town Oppose Construction of Muslim School

Posted on April 22, 2009
In Camden, Australia, a town around 40 miles southwest of Sydney, a group of Christian leaders have joined together to oppose approval of plans for a Muslim school to be built by the Quranic Society. Last May, Camden Council voted unanimously to reject the school's plans...

Pakistani Court Overturns Two Blasphemy Convicitions

Posted on April 22, 2009
Compass Direct News reported yesterday that two elderly Christian men convicted of blasphemy in Pakistan have had their convictions overturned by a high court in Lahore. Last Thursday the court reversed the 10-year sentences of 67-year old James Masih and 72-year old Buta Masih who had been accused of burning pages from the Quran...

White House Plans For National Day of Prayer Are Uncertain

Posted on April 22, 2009
Federal law (36 USC 119) designates the first Thursday in May as National Day of Prayer, though a pending federal lawsuit is challenging the constitutionality of that statute. (See prior posting.) A Religion News Service article published yesterday reports that there is a good deal of uncertainty over whether the White House will host an official observance of the event this year...

Notre Dame Alums Call For Contribution Boycott Over Obama Invitation

Posted on April 21, 2009
A group of Notre Dame alumni, protesting University's invitation to President Barack Obama to speak at graduation and receive an honorary degree, are now calling for Father John Jenkins to be replaced as president of the University. Zenit reports that a "Replace Jenkins" website, objecting to Obama's "well known commitment to abortion in the broadest possible context" says that "Father Jenkins' decision to honor President Obama directly violates the 2004 US Conference of Catholic Bishops? directive on Catholics in Political Life and is offensive to all Catholics...

Court Denies Tax Exemption For Property Leased To Summer Camp

Posted on April 21, 2009
A New York trial court has denied an exemption for 2006-08 property taxes for 130 acres of land in Pomona, New York owned by Congregation Rabbinical College of Tartikov, according to a report last week by the Lower Hudson Journal News. The court ruled that the Rabbinical College's profit from leasing the land to a summer camp makes the undeveloped property unconnected to the Rabbinical College's other activities...

Creationist Institute Sues Texas Higher Ed Board Over Denial of Certification

Posted on April 21, 2009
The Institute for Creation Research has filed suit in a Texas federal court against the Texas Higher Education Coordinating Board charging that the state agency violated its civil rights by denying it a certificate of authority to offer a masters degree in science education...

Russian Orthodox Church Wants UN To Reocognize Problem of "Chrisianophobia"

Posted on April 21, 2009
Interfax reports today that the Russian Orthodox Church has asked this week's Durban Review Conference (World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance) being held in Geneva to add the notion of "Christianophobia" to the world's lexicon...

Historian Discusses Early School Bible Reading Case

Posted on April 21, 2009
On April 1, the Ohio Supreme Court hosted an hour-long Forum on "The Cincinnati Bible War Case of 1873," with a presentation by Notre Dame historian Linda Przybyszewski. A video of the full presentation is online. The Court's press release on the Forum summarizes the history: Amid the increasing diversity and pluralism of the post-Civil War era, the Cincinnati public schools were faced with a growing Catholic population unhappy that their children were instructed with the protestant version of the Bible...

President's Faith Based Council Creates 6 Task Forces

Posted on April 20, 2009
The Washington Post today provides more information on what the President's Advisory Council on Faith-Based and Neighborhood Partnerships is doing. It has set up six task forces to advise the President. The task forces are on (1) reform of the faith-based office, (2) fatherhood, (3) U...

Islamists Demand Additional Concessions On Islamic Law In Pakistan

Posted on April 20, 2009
Last week, Pakistan's President Asif Ali Zardari signed the Nizam-e-Adl Regulation 2009, implementing Islamic law in the Malakand division of the Northwest Frontier Province. (See prior posting.) Under an arrangement with the Taliban, a special bench of the Peshawar High Court was to be set up, to be renamed Dar-ul-Quza (Qazi court), and a Sessions judge ?to now be called Qazi ? will hear cases with an Alim-e-Din (Quranic scholar) who will decide "religious technicalities...

Egypt Presses Government Employees To Stop Wearing Niqab

Posted on April 20, 2009
Egypt's Ministry of Religious Endowments has held the first in a series of seminars designed to convince Muslim women in government jobs to stop wearing the niqab-- the full face veil. Those attending the seminar were given a book titled "Face Veil is a Custom not a Religious Obligation...

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