Religion & Law

Justice Department Settles RLUIPA/ Housing Suit With Nashville, TN

Posted on February 23, 2009
The current issue of Religious Freedom In Focus (the newsletter of Justice Department's Civil Rights Division) announces the recent settlement of the Justice Department's civil rights suit against Nashville (TN) that alleged both disability and religious discrimination...

Loooking Inside Bible Course In Tennessee High School

Posted on February 23, 2009
Yesterday's Chatanooga (TN) Times Free Press reports on what goes on inside the classroom during teaching of the course on the Bible and its influence on literature, art, music, culture, and politics, authorized by a 2008 law enacted by the Tennessee legislature...

Recent Prisoner Free Exercise Cases

Posted on February 23, 2009
In Allen v. Hense, 2009 U.S. Dist. LEXIS 11363 (ED CA, Feb. 3, 2009), a California federal magistrate judge concluded that a Muslim inmate had not shown a substantial burden on free exercise in alleging that he was served two meals that did not meet his religious dietary requirements and was met with racial and religious comments when he complained...

Supreme Court Grants Cert In Sunrise Rock Cross Case

Posted on February 23, 2009
The U.S. Supreme Court today granted certiorari in Salazar (Interior Secretary) v. Buono (Docket No. 08-472, cert. granted 2/23/2009). (Order List.) In the case, a panel of the 9th Circuit found Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW...

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Clinton's Visit To China De-emphasizes Religious Rights Issues

Posted on February 22, 2009
On Friday, Secretary of State Hillary Clinton travelling in Asia held a news conference in Seoul, South Korea (full text) as she was about to leave for China. As reported by AFP, human rights activists were upset by her statements that she would not let human rights concerns interfere with U...

Op-Ed Suggests Compromise On Same-Sex Marriage

Posted on February 22, 2009
An op-ed in today's New York Times suggests an innovative compromise on the divisive issue of gay marriage. This is the crux of the proposal made by David Blankenhorn and Jonathan Rausch:Congress would bestow the status of federal civil unions on same-sex marriages and civil unions granted at the state level, thereby conferring upon them most or all of the federal benefits and rights of marriage...

British Baroness Urges New Requirements To Stop Muslim Polygamy In UK

Posted on February 22, 2009
In Britain, Baroness Sayeeda Warsi, the Conservative Party?s shadow minister for community cohesion has called for the government to require all religious marriages to be civilly registered within four weeks of being performed. Warsi, herself a Muslim, is pressing for this reform in order to stop Muslim men from taking more than one wife...

Christian Science Wants Health Care Reform To Include Their Practitioners

Posted on February 22, 2009
Yesterday's Ft. Worth (TX) Star Telegram reports that Christian Scientists are monitoring proposed health care reforms because of their interest in insurance coverage for treatment by Christian Science practitioners who treat patients through prayer. Phil Davis, spokesman for the religion, says that accommodations are already made by Medicare, Medicaid, military insurance and federal employees? insurance...

Vatican Protests Israeli TV Segment Ridiculing Jesus and Mary

Posted on February 22, 2009
Yesterday's Jerusalem Post reports that the Vatican has filed a complaint with Israel's foreign ministry over an offensive satiric segment broadcast last week on Israeli late-night TV. Israel's Channel 10 comedian Lior Shlein aired the piece in response to the Vatican's lifting of the excommunication of Holocaust-denier, Bishop Richard Williamson...

Opinion Available In Mt. Tenaabo Gold Mine Case

Posted on February 22, 2009
The full opinion in South Fork Band v. U.S. Department of Interior, 2009 U.S. Dist. LEXIS 12000 (D NV, Feb. 3, 2009), has now become available. As previously reported, in the case a Nevada federal district court denied a preliminary injunction to prevent Barrick Gold Corp...

California Firefighters Win Damages After Being Forced Into Gay Pride Parade

Posted on February 21, 2009
On Tuesday, a San Diego, California jury awarded four San Diego firefighters damages totalling $34,300 for emotional distress resulting from their being required to participate in San Diego?s 2007 annual Gay Pride parade. Catholic News Agency reports that the four were required to ride in uniform in the parade in their fire truck...

Britain Excludes Westboro Baptist Protesters

Posted on February 21, 2009
Britain's Border Agency this week banned entry into the country of Westboro Baptist Church leaders Fred Phelps and Shirley Phelps-Roper. (BBC News and Kansas City Star). Westboro Baptist has gained notoriety for picketing funerals of veterans in the U...

Counsellor Sues After Suspension For Taking Teens To Religious Performance

Posted on February 21, 2009
The Orange County Register and a press release from Pacific Justice Institute report on a religious discrimination lawsuit begun in Orange County (CA) last week. The suit was filed in Superior Court by a counsellor employed by the county-owned Orangewood Children's Home...

Law Prof Says Pope's Statement Challenges Catholic Judges In U.S.

Posted on February 21, 2009
Law Professor Douglas Kmiec writing for Time Magazine yesterday suggests that a close reading of the statement issued this week by Pope Benedict XVI after his meeting with House Speaker Nancy Peolsi has significant implications for Catholic judges in the United States...

Control Over "Feed the Children" At Issue In Lawsuit

Posted on February 21, 2009
Today's Oklahoman reports on a lawsuit-- whose pleadings are now sealed by the court-- over control of the Christian non-profit relief organization, Feed the Children. The suit, filed in state court in Oklahoma by five former directors of the charity, claims that plaintiffs were unlawfully replaced as board members last December...

New Jersey School Proposes Hebrew Track With After-School Religion Classes

Posted on February 21, 2009
After New York's approval of a Hebrew language charter school (see prior posting), a New Jersey official is proposing an alternative arrangement that will be attractive to Jewish parents who may otherwise send their children to private Hebrew Day Schools...

Washington State Says Religious Group Can Refuse Gay Volunteers

Posted on February 21, 2009
Page One Q reported yesterday on a decision handed down by the Washington State Human Rights Commission apparently allowing religious organizations to exclude gays and lesbians as volunteers. In March 2008, Tad Erichsen and John Footh were turned away as volunteers by His Supper Table, a meal program operating in Long Beach, Washington...

Chaplain Lacks Standing In Establishment Clause Challenge To "Five Faiths Policy"

Posted on February 20, 2009
In McCollum v. State of California, 2009 U.S. Dist. LEXIS 11154 (ND CA, Feb. 13, 2009), a California federal district court held that a volunteer Wiccan prison chaplain lacks both traditional standing and taxpayer standing to bring an Establishment Clause challenge to the California prison system's policy of providing paid chaplains for only five faiths-- Protestant, Catholic, Jewish, Muslim, and Native American...

Jewish Army Employee Sues To Challenge Assertion of State Secrets Privilege

Posted on February 20, 2009
Another lawsuit has been filed in the long-running dispute between U.S. Army employee David Tenenbaum and the Department of Defense. In a series of events beginning in 1997, Tenenbaum, an Orthodox Jew, lost his access to classified information and had his security clearance revoked on the basis of unsubstantiated allegations that he was spying for the state of Israel...

Catholic Church Campaigns Against Bill That Has Not Been Introduced

Posted on February 20, 2009
Time Magazine yesterday reported on the intensive campaign initiated by the U.S. Conference of Catholic Bishops against Congressional passage of the Freedom of Choice Act, even though the Act has not even been introduced into Congress. In the 108th and 110th Congresses, the Freedom of Choice Act was introduced, but did not pass...

British School's Handling of Child's Religious Remarks Brings National Attention

Posted on February 20, 2009
An incident in a British school between two young children is turning into a national controversy. As reported by Ekklesia and by Church Times, last week 5-year old Jasmine Cain, a student at Landscore Primary School in Crediton, upset a classmate by telling her that she would "go to hell" if she did not believe in God and Jesus...

West Virginia Proponents of Marriage Amendment Create Controversy

Posted on February 20, 2009
In West Virginia, a group seeking to convince the legislature to propose a state constitutional amendment barring same-sex marriage has created controversy by a nearly 6-minute video it has posted on YouTube and on the WV 4Marriage website. At one point, the video shows a traditional family in the cross hairs of a rifle scope...

Somalian Clerics Want Moderate Sharia Nationwide

Posted on February 20, 2009
In Somalia, according to Reuters yesterday, a meeting of over 100 mainly moderate clerics has given the new government of Sheikh Sharif Ahmed, also a moderate, 120 days to declare that all of Somalia will be governed by Islamic law. This will require some amendments to the country's current constitution...

5th Circuit Holds No Damage Claims Permitted In Prisoner RLUIPA Suits

Posted on February 19, 2009
In Sossamon v. Lone Star State of Texas, (5th Cir., Feb. 18, 2009), the U.S. 5th Circuit Court of Appeals held that a suit for damages (as opposed to injunctive and declaratory relief) is not available under the Religious Land Use and Institutionalized Persons Act...

4th Mexican State Places Pro-Life Amendment In Its Constitution

Posted on February 19, 2009
The Mexican state of Colima has become the fourth Mexican state to adopt a pro-life amendment to its state Constitution. LifeSite News reports that on Tuesday, state legislators unanimously adopted the amendment which provides in part: "Life is a right inherent in every human being...

Church Sues Illinois City Over Building Permit Delays

Posted on February 19, 2009
In Cicero, Illinois, a growing Spanish-language Mennonite congregation has filed a federal lawsuit seeking to force the city to process its building permit application and also seeking damages. The complaint (full text) in Sonido de Alabanza v. Town of Cicero, (ND IL, filed 2/18/2009), alleges that the city failed for a year-and-a-half to inform the church of the formal requirements that it submit drawings and a contractor contract in applying for a permit...

Court Says Eagle Feather Provision Violates RFRA

Posted on February 19, 2009
In United States v. Wilgus, (D UT, Feb. 17, 2009), a Utah federal district court held federal provisions that discriminate against non-Native American adherents of Native American religions violate their rights under the Religious Freedom Restoration Act...

Producer Says Pennsylvania Business Name Statute Violates 1st Amendment

Posted on February 19, 2009
The name of a corporation or limited liability company that is included in the articles it files with the state is generally subject to certain restrictions, usually to prevent duplication of names. Pennsylvania, however, also prohibits certain words from being used in the name of a business association...

Illinois Immigration Detainees Will Get More Clergy Visits

Posted on February 19, 2009
Yesterday's Chicago Tribune reports that religious groups have begun training around 30 volunteers who will pay visits to individuals being held in county jails awaiting federal deportation. The Access to Religious Ministry Act, passed by the Illinois legislature last December, will go into effect June 1...

NY Teacher Loses Suit Claiming Religious Discrimination and Christian Activities In School

Posted on February 19, 2009
In Eder v. City of New York, 2009 U.S. Dist. LEXIS 11501 (SD NY Feb. 12, 2009), a New York federal district court rejected claims by a Jewish public school teacher who was denied tenure that various Christian activities at her school violated the Establishment Clause...

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