Religion & Law

Paper Profiles FLDS Ranch One Year After Raid

Posted on March 30, 2009
Yesterday's Deseret News profiles the situation at the FLDS "Yearning For Zion Ranch" in Eldorado, Texas one year after a high-profile raid that temporarily took 439 children from the compound into state custody. Many families on the ranch were polygamous and state authorities argued that the children's safety was in danger...

8 Venezuela Police charged In Attack on Caracas Synagogue

Posted on March 30, 2009
AP reported last Thursday that in Venezuela prosecutors filed formal charges against eight police officers and three other people in connection with the January attack on Tifaret Israel synagogue in Caracas. Among those charged is the bodyguard for a rabbi and one of the security guards on duty at the synagogue...

Senate Leader Will Repropose Federal Polygamy Task Force

Posted on March 30, 2009
Last Friday, U.S. Senate Majority Leader Harry Reid announced that he would reintroduce legislation this session to set up a federal task force to focus on polygamy-related crime. According to Saturday's Salt Lake Tribune, Reid also said he will urge new Attorney General Eric Holder to take action against crime in polygamous communities...

Recent Articles of Interest

Posted on March 30, 2009
From SSRN:Calvin R. Massey, Church Schisms, Church Property, and Civil Authority, (March 26, 2009).Harry G. Hutchison, Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age, (George Mason Law & Economics Research Paper No...

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Controversy Continues Over Notre Dame's Commencement Invitation To Obama

Posted on March 29, 2009
Notre Dame University's invitation to President Barack Obama to speak at commencement and receive an honorary degree continues to generate controversy. In addition to Bishop John D'Arcy of the Diocese of Fort Wayne-South Bend who previously announced his opposition (see prior posting), now two other bishops have issued strong statements opposing the invitation...

Suit Challenges Cross In California City Park

Posted on March 29, 2009
Yesterday's Visalia (CA) Times-Delta reports on a lawsuit filed two weeks ago by a former resident of Porterville, California challenging the constitutionality of a 20-foot high redwood cross in a Porterville city park. The cross was placed in the park in 1965 by the local Rotary Club with the city's permission...

Church Sues Over Fee Schedule For Use of Village Meeting Room

Posted on March 29, 2009
In Michigan, a church has filed suit in federal district court against the village of Fife Lake challenging the rental fee schedule imposed by the village for use of a meeting room in its Municipal Building. The complaint (full text) in Forest Area Bible Church v...

Subjective Chill On High Schooler's Expression Does Not Create Standing

Posted on March 29, 2009
Last week, an Illinois federal district court handed down another decision in the long running challenge to rules in a suburban Chicago high school that were invoked to prevent a student, Alexander Nuxoll, from wearing a T-shirt and button carrying the slogan "Be Happy, Not Gay...

Fish and Wildlife Service Is Investigating Illegal Eagle Feather Sales

Posted on March 29, 2009
Yesterday's Bismark (ND) Tribune reports on a number of indictments that have come out of a broad investigation by the U.S. Fish and Wildlife Service of individuals who are illegally buying, selling and receiving eagle feathers. The investigation covers 16 states and the U...

Recent Prisoner Free Exercise Cases and Developments

Posted on March 29, 2009
In Smith v. Frank, 2009 U.S. Dist. LEXIS 22848 (ED WI, March 20, 2009), a Wisconsin federal district court rejected a Native American inmate's claim that his rights under RLUIPA were violated when a eagle feather he possessed was confiscated and eventually inadvertently destroyed...

USCIRF Reveals Previously Secret State Department Action On Religious Liberty Violators

Posted on March 28, 2009
Rather odd developments in implementing the International Religious Freedom Act were reported yesterday in a press release from the U.S. Commission on International Religious Freedom. Under the statute enacted in 1998, by May 1 each year USCIRF is to submit a report on religious freedom in various countries around the world to the State Department, the President and Congress...

Court Upholds Texas Pledge Containing "Under God"

Posted on March 28, 2009
In Croft v. Perry, (ND TX, March 26, 2009), a Texas federal district court has rejected an Establishment Clause challenge to the Texas Pledge of Allegiance. The Pledge, recited in public schools, reads: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible...

New Hampshire AG Releases More Clergy Abuse Files

Posted on March 28, 2009
In New Hampshire, Attorney General Kelly A. Ayotte's office has released files on dozens of sexual abuse allegations against Catholic clergy. Most of the charges relate to incidents decades ago, but some claim abuse as recently as 2000. The files disclose the identities of 27 members of the clergy who had not previously been publicly named...

Final Texas Science Curriculum Standards Are Adopted

Posted on March 28, 2009
There is a good deal of disagreement on the who won in the final version of the Texas science curriculum standards that were adopted by the State Board of Education on Friday by a vote of 13-2, after numerous amendments were approved. Today?s Dallas Morning News, New Scientist and Wall Street Journal all report on various aspects of the Board?s meeting...

Pastor's Suit Challenging Arrest For Gay Pride Protest Is Settled

Posted on March 28, 2009
According to Thursday's Wichita (KA) Eagle, a settlement has been reached in a federal lawsuit that was filed last year by a pastor who was arrested for preaching and distributing literature on a sidewalk near a park where a Gay Pride event was being held...

Proposed Armenian Religion Law Passses First Reading

Posted on March 28, 2009
Forum 18 reported earlier this week on proposed amendments to Armenia?s Religion Law and a proposed new Armenian Criminal Code provision containing fairly broad restrictions on proselytizing. The proposed laws passed their first reading in Parliament March 19, but further action will be delayed while the laws are reviewed by the Council of Europe's Venice Commission and the OSCE...

NY Budget Cuts Will Delay Speedy Autopsies Needed By Muslims and Jews

Posted on March 28, 2009
New York City?s Chief Medical Examiner says planned state budget cuts will force extensive staff reductions which, in turn, will have a particular impact on observant Muslims and Jews. They may be unable to obtain the rapid autopsies that are necessary to meet their religious requirements for speedy burial...

Vietnam Court Rejects Appeal of Catholic Demonstrators

Posted on March 28, 2009
In Vietnam, a court has rejected an appeal by eight Roman Catholics who had been convicted and given suspended sentences, probation and, in one case, merely a warning, after engaging in demonstrations in Hanoi last year. AP reported Friday on the appeal of the convictions for disturbing public order and damaging property growing out of a prayer vigil seeking return of land once owned by Thai Ha Church in Hanoi...

Archbishop Talks About Obligations of Catholics In the Public Square

Posted on March 27, 2009
The Pew Forum last week published a long interview with Denver Archbishop Charles Chaput on the political obligations of Catholics. Chaput, author of the recent book Render Unto Caesar: Serving the Nation by Living Our Catholic Beliefs in Political Life, says in the interview: we Catholics serve Caesar best when we serve God first, and that means living our Catholic beliefs vigorously, faithfully and without apologies at home and in the public, at work and in the voting booth...

Belarus Appeals Court Rejects Challenge To Religious Registration Law

Posted on March 27, 2009
Forum 18 yesterday reported on a March 2 decision by the Supreme Court of Belarus that rejected a constitutional attack on the country's religion law. The law requires registration of religious groups. (The Supreme Court is not the highest court in Belarus...

8th Circuit Says Missouri's Procedure For Approving Specialty Plates Is Invalid

Posted on March 27, 2009
In Roach v. Stouffer, (8th Cir., March 26, 2009), the U.S. 8th Circuit Court of Appeals held unconstitutional Missouri's statute that gives the legislative Joint Committee on Transportation Oversight broad authority to approve or reject applications for creating new specialty license plates...

UN Human Rights Council Again Adopts Defamation of Religion Resolution

Posted on March 27, 2009
Yesterday the United Nations Human Rights Council again adopted a non-binding "defamation of religions" resolution by a vote of 23 yes, 11 no and 13 abstentions. (AP report). The resolution was introduced by Pakistan on behalf of the Organization of the Islamic Conference, and was co-sponsored by Belarus and Venezuela...

Texas Board Largely Supports Teaching Of Evolution Without Adding Alternatives

Posted on March 27, 2009
Yesterday the Texas State Board of Education again more or less reaffirmed its earlier decision to mandate teaching of evolution in a manner consistent with mainstream science. After hearings in January, the Board preliminarily voted 8-7 to drop prior languge in the state's science curriculum standards that called for students to analyze the "strength and weaknesses" of scientific theories...

Suit Challenges Middle School's Refusal To Recognize Religious Club

Posted on March 27, 2009
On Wednesday, the mother of a middle school student in Atlanta filed suit in a Georgia federal district court challenging the refusal by school officials to give formal recognition and free use of meeting facilities at Sutton Middle School to a Christian student group, the STS Club...

Obama Administration Defends Visa Denial To Muslim Scholar

Posted on March 27, 2009
Reuters reports on arguments last Tuesday before the U.S. Second Circuit Court of Appeals in the case of Muslim scholar Tariq Ramadan who is appealing the denial of a visa by U.S. consular officials. Originally Ramadan sought admission to the U.S. to accept tenured position at the University of Notre Dame...

Award of Rabbinical Court Vacated For Non-Disclosure of Relationship To A Party

Posted on March 27, 2009
In Matter of Beth Jacob Teachers Seminary Inc. v Le'Bunos, (NY Kings Co. Sup. Ct., March 24, 2009), a New York trial court took the unusual step of vacating an arbitration award made by a Rabbinical Court (bet din) on the ground that the arbitrator failed to disclose facts that may support an inference of bias...

NY High Court Rejects Claim By Woman Against Priest With Whom She Had Affair

Posted on March 27, 2009
In Doe v Roman Catholic Diocese of Rochester, (NY Ct. App., March 26, 2009), New York's high court dismissed a lawsuit by a woman (identified only as Jane Doe) against Father Peter DeBellis, a Catholic priest who Doe consulted for counselling. The suit by Doe and her husband alleged that Doe began a sexual relationship with DeBellis that lasted for more than three years...

Sen. Grassley May Subpoena Records of One or Two Televangelists

Posted on March 27, 2009
BNA's Daily Report for Executives [subscription required] today reports that Sen. Charles Grassley says he may subpoena records from those televangelists who have failed to cooperate with him in his investigation of their financial dealings. In 2007, Grassley began an investigation of possible abuse of tax-exempt status by six high-profile "prosperity gospel" ministers...

Arizona Supreme Court Invalidates Two School Voucher Programs

Posted on March 26, 2009
In Cain v. Horne, (AZ Sup. Ct., March 25, 2009), the Arizona Supreme Court held that two school voucher programs-- one for children with disabilities and the other for children in foster care-- violate the state constitutional prohibition on appropriating public money in aid of any private or sectarian school...

RNC Chairman Says Future Presidential Run Depends On God's Will

Posted on March 26, 2009
CNN reported yesterday on its interview with Republican National Committee Chairman Michael Steele. Asked by reporter Don Lemon whether he might consider running for President some day, Steele replied:God has a way of revealing stuff to you, and making it real for you, through others...

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