Religion & Law

Recent Articles of Interest

Posted on April 20, 2009
From SSRN:Kenneth L. Marcus, Jurisprudence of the New Anti-Semitism, (Wake Forest Law Review, Vol. 44, 2009).From Bepress:Patrick McKinley Brennan, Delivering The Goods: Herein of Mead, Delegations, and Authority, (Villanova University School of Law Working Paper Series, Working Paper 129, March 2009)...

NY Court Says Muslim Marriage Is Valid, Even Though Not Recognized In NJ

Posted on April 20, 2009
New York law recognizes a marriage celebrated in a religious ceremony as valid even if the parties do not obtain the required marriage license. (NY Dom. Rel. Law § 25). New Jersey, on the other hand, does not recognize a religious marriage as valid if the parties failed to obtain a marriage license...

Cert. Denied In Challenge To Jury's Use of Bible In Deliberations

Posted on April 20, 2009
The U.S. Supreme court today denied certiorari in Oliver v. Quarterman, Docket No. 08-833). (Order List.) In the case, the U.S. 5th Circuit Court of Appeals held that a jury's use of the Bible during the sentencing phase in a murder case was improper, but was not shown to have influenced the jury's decision...

Court Says Fallen Eruv Wire Is Not A Known Dangerous Condition

Posted on April 19, 2009
In Egar v. Congregation Talmud Torah, (NY Sup. Ct., April 16, 2009), a New York state trial court dismissed a claim by a victim of a slip-and-fall accident that a group of synagogues should be liable for her injuries because she tripped over a fallen wire that was part of an eruv maintained by the defendants...

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US Will Boycott Durban Review Conference

Posted on April 19, 2009
The State Department, in a press release issued yesterday, announced that it would boycott the United Nations Durban Review Conference being held in Geneva this week. This follows earlier withdrawal of the U.S. from pre-conference meetings and a statement that it would re-engage only if dramatic changes were made in the conference draft resolution...

Somalia Adopts Islamic Law

Posted on April 19, 2009
According today's the New York Times, Somalia's Parliament yesterday voted unanimously to institute Islamic law in the country. The vote ratifies a decision by the cabinet last month. Justice Minister Sheik Abdirahman Mohamoud Farah said that the adoption of Sharia was designed to undercut support for Islamist opponents of the government.

Directory of Church Social Services Distributed In Schools Is Criticized

Posted on April 19, 2009
Civil libertarians are criticizing a directory of youth groups and programs distributed to students in Greece, New York public schools last week. They say that its Christian focus crosses the church-state line. Today's Rochester (NY) Democrat & Chronicle reports that the directory was produced and funded by local churches and lists mostly programs offered by Christian churches in town...

EEOC Sues Over Harassment of Evangelical Employee

Posted on April 19, 2009
Business Management Daily reports today that the EEOC has filed a religious discrimination lawsuit against a Mount Airy, Virginia carport dealer for failing to respond to complaints from an employee about religious harassment from co-workers. Brenda Thompson, who belongs to an evangelical nondenominational church, was called a "devil-worshipper" by her co-workers...

Recent Prisoner Free Exercise Cases

Posted on April 19, 2009
In Odneal v. Pierce, (5th Cir., April 3, 2009), the U.S. 5th Circuit Court of Appeals held that a Texas federal district court had improperly rejected a RLUIPA claim by a Native American inmate who wanted to maintain long hair (a kouplock) and wear a medicine pouch...

Radical Cleric In Pakistan Returns To Red Mosque To Push For Shari'a Nationally

Posted on April 18, 2009
Time Magazine yesterday reports on another victory in Pakistan for those who favor imposition of Islamic law in the country. Radical cleric Abdul Aziz has been released on bail by Pakistan's Supreme Court after it ruled that there was insufficient evidence to hold him on charges of inciting violence...

Growing Trend For Churches To Locate In Commercial Space

Posted on April 18, 2009
Newspapers from two separate states report on a growing phenomenon-- churches locating in commercial areas. Sometimes zoning officials see this as a problem because the tax exempt institutions are taking property that might be tax producing. Elsewhere, however, planners see this as creating a promising economic partnership...

Yemen's Parliament Investigating Handling of Quran Desecration Complaints

Posted on April 18, 2009
Yemen Post reported today that Yemen's Parliament has set up a special committee to investigate what procedures the Interior Ministry follows when it receives a report charging desecration of the Quran. The action comes after a group of private citizens took matters into their own hands when police did not respond to a complaint charging a man with tearing and stepping on a copy of the Quran...

Cert. Petition Filed In Illinois "Choose Life" License Plate Case

Posted on April 18, 2009
A petition for certiorari was filed with the U.S. Supreme Court on Thursday in Choose Life Illinois, Inc. v. White. Yesterday's Christian Post reports that the petition for review was filed by the Thomas More Society after the 7th Circuit refused to grant en banc review in the case...

Justice Thomas On Religion and His Court Duties

Posted on April 18, 2009
Last Monday's New York Times reported on comments made by U.S. Supreme Court Justice Clarence Thomas at a dinner sponsored by the Bill of Rights Institute honoring winners of a high school essay contest. Answering questions submitted in advance in writing by students, at one point Thomas said: how can you not reminisce about a childhood where you began each day with the Pledge of Allegiance as little kids lined up in the schoolyard and then marched in two by two with a flag and a crucifix in each classroom?Asked how his religious faith influences his work on the court, he responded: I think that it really gives content to the oath that you took...

Missouri Baptist Convention Loses Again In Suit To Get Control of Windermere

Posted on April 17, 2009
The Missouri Baptist Convention has suffered another loss in its attempt to regain control of the valuable Windermere Baptist Conference Center that broke away from the Convention (along with 4 other institutions) in a dispute over the fundamentalist stance of new MBC leaders...

Coach Can Proceed With Discrimnation Claim Against Jewish School

Posted on April 17, 2009
In Flynn v Rabbi Haskel Lookstein Middle School of Ramaz, (NY Sup. Ct., April 14, 2009), a New York state trial court held that Kevin Flynn, the former coordinator of athletics for a New York Jewish day school, stated a prima facie case of religious discrimination and could proceed to discovery...

Group Charges FBI Is Asking Muslims To Monitor Mosques

Posted on April 17, 2009
The Council of Islamic Organizations of Michigan has written Attorney General Eric Holder asking him to investigate complaints against the FBI. Reportedly agents are asking Muslims to give information on people attending mosques and the donations they make...

Georgetown Explains Covering of Religious Symbols For Obama's Speech

Posted on April 17, 2009
President Barack Obama delivered a speech (full text) at Georgetown University on Tuesday. According to The Hoya yesterday, the University has explained that: "In coordinating the logistical arrangements for the event, Georgetown honored the White House staff's request to cover all of the Georgetown University signage and symbols behind the Gaston Hall stage in order to accommodate a backdrop of American flags, consistent with other policy speeches...

Oklahoma Passes Bill On Use of Historical Religious References In Classrooms

Posted on April 17, 2009
The Oklahoma state Senate on Wednesday passed by a vote of 40-7 a bill that had already been approved by the House (in an 88-5 vote) which will permit public schools to use religious references from a wide array of historical documents in classrooms and school events...

Conviction For Killing Unborn Child Does Not Violate Establishment Clause

Posted on April 17, 2009
Sanders v. State of Texas, (TX App., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. The Texas Penal Code prohibits intentionally and knowingly causing the death of any "individual", and defines "individual" as including "an unborn child at every stage of gestation from fertilization until birth...

San Francisco College Changes Speaker Rules In Settlement of Jews for Jesus Case

Posted on April 17, 2009
A consent judgment (full text) has been issued in Jews for Jesus, Inc. v. City College of San Francisco, (ND CA, April 15, 2009). The settlement grew out of a lawsuit challenging the college's requirement that speakers and those handing out flyers obtain a permit...

Today Religion Clause Is 4 Years Old

Posted on April 17, 2009
Today is Religion Clause's 4th birthday. I want to thank all my long time readers and welcome those who have joined us more recently. I appreciate the leads that many of you e-mail to me and I apologize that I am not able to separately acknowledge each one...

Today Is "Day of Silence" In Schools-- Focuses On LGBT Bullying

Posted on April 17, 2009
In schools across the country, today is "National Day of Silence"-- designed to call attention to anti-LGBT name-calling, bullying and harassment in schools. Christianity Today surveys three rather different recommendations on how Christian high schoolers should respond...

Court Says Statute Protects Church Property Sought For Use As Sidewalk

Posted on April 17, 2009
In City of Jordan v. Church of St. John the Baptist of Jordan, (MN Ct. App., April 14, 2009), a Minnesota Court of Appeals interpreted a Minnesota statute that protects churches from certain takings by eminent domain. Minn. Stat. § 315.42 prohibits state and local governments from taking land of any religious corporation by eminent domain for use as streets or roads unless the religious organization's board of trustees approves...

Colorado High Court: Catholic Eldercare Facility Not Entitled To Tax Exemption

Posted on April 16, 2009
In Catholic Health Initiatives Colorado v. City of Pueblo Department of Finance, (CO Sup. Ct., March 30, 2009), in a 4-3 decision, the Colorado Supreme Court held that the sales and use tax exemption in the City of Pueblo's tax code does not apply to Villa Pueblo, an elderly care community operated by the non-profit group Catholic Health...

Canadian Court Clears Sikh Youth Charged With Assault

Posted on April 16, 2009
Today's Toronto Star reports that a Canadian teenager in Montreal's youth court was cleared of assault charges after a finding that religious and nationality differences played a part in the case. The youth, a Sikh, was accused by two classmates of threatening them with the pin he used to tuck his hair under his turban and poking one of them with his kirpan that was wrapped in a cloth under his clothing...

Preliminary Injunction Granted In Challenge To Grade School Religious Music

Posted on April 16, 2009
In S.D. v. St. Johns County School District, (MD FL, April 15, 2009), a Florida federal district court granted a preliminary injunction barring an elementary school from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust...

Macedoia's Constitutional Court Strikes Down Religious Instruction In Grade Schools

Posted on April 16, 2009
Makfax reported yesterday that Macedonia's Constitutional Court has struck down a provision in Macedonian law that allowed religious instruction in grade schools. Article 26 of the Law on Elementary Education stated: "religious instruction can be studied in the primary schools as a subject of personal choice...

FLDS Defendants Challenge Search Warrants Used In Ranch Raid

Posted on April 16, 2009
In El Dorado, Texas yesterday, attorneys for ten indicted members of the FLDS Church filed motions in state court to suppress evidence that came from searches of the sect's YFZ Ranch last year. The highly publicized raids also led to the state?s taking temporary custody of some 439 children that lived on the FLDS compound in Sleicher County (TX)...

Identities of Those Rejected As Ambassador To Vatican Disclosed

Posted on April 16, 2009
Earlier this month, it was reported that the Vatican had rejected three names put forward as the possible nominee for U.S. ambassador to the Holy See. Yesterday the London Times disclosed the identity of the three whose views made them unacceptable to Vatican officials: Caroline Kennedy, law professor Douglas Kmiec and George Bush Sr.

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