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Religion & Law

Religion Clause Religion Clause

Current legal, political and scholarly developments relating to free exercise of religion and separation of church and state.
By Howard M. Friedman

Post Frequency: 19.9/day

Last Entry: November 05, 2020 at 07:00:00

Recent Entries: 5940

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European Court Says Russia Violated Rights of Unification Church Missionary

Posted on February 13, 2009
Yesterday the European Court of Human Rights in Nolan and K. v. Russia, (ECHR, Feb. 12, 2009), ruled that Russia violated Sec. 1, Article 9 (freedom of thought, conscience and religion), as well as various other provisions of the European Convention on Human Rights, when it refused to readmit to the country an American missionary...


USCIRF Urges U.S. To Press Turkey On Monastery Dispute

Posted on February 13, 2009
On Wednesday, the U.S. Commission on International Religious Freedom issued a release encouraging the U.S. government to raise with Turkey the importance of respecting property rights of religious minorities. Of particular concern to USCIRF is a case currently in Turkish courts involving land claimed by the Mor Gabriel Syriac Orthodox monastery...


Report On Hate Movements In Times of Economic Crisis Is Released

Posted on February 13, 2009
The Simon Wiesenthal Center yesterday announced the release of a new report titled Hatred In Hard Times-- And How to Combat It: Lessons From History For the 21st Century. The report was written to warn of possible anti-Semitism and other hate movements growing out of the current economic crisis, dubbed by the report as the "Panic of 2008...


European Court Says Bulgaria Improperly Resolved Church Split

Posted on February 13, 2009
In a judgment handed down last month, the European Court of Human Rights held that the government of Bulgaria has improperly taken sides in a dispute between two factions of the Bulgarian Orthodox Church. In Holy Synod of the Bulgarian Orthodox Church v...


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Anti-Religion Signs Will Go Up In Madison WI Buses

Posted on February 13, 2009
In Madison, Wisconsin starting today riders on six buses are will see provocative advertising signs from the Freedom From Religion Foundation. Each sign carries a quotation from a different famous atheist or free thinker. Included are quotes from: Mark Twain, Clarence Darrow, Emily Dickinson, Butterfly McQueen and Richard Dawkins...


Swedish Muslim Student Claims Discrimination Over Niqab

Posted on February 13, 2009
In Stockholm, Sweden, a Muslim woman has filed a religious discrimination complaint with the Equality Ombudsman. The Local reported yesterday that the woman was told by an adult education college in Spanga that she cannot wear her niqab in class or in contact with college staff...


In Some Nations, Religious and Cultural Objections To Valentine's Day Arise

Posted on February 13, 2009
Tomorrow is Valentine's Day, but in various parts of the world there is religious and cultural resistance to observing the day's customs. The day originated as a celebration of two 3rd century Christian martyrs, both known as St. Valentine. AP reports that in Saudi Arabia, religious police have required stores to remove items that are red, or that are intended as Valentine's Day gifts...


Kazakhstan's Constitutional Council Invalidates New Religion Law

Posted on February 12, 2009
According to a report yesterday from Interfax , Kazakhstan's Constitutional Council has ruled that controversial amendments to the country's laws on religion and religious organizations are inconsistent with Kazakhstan's Constitution. The amendments, passed by Parliament last November, had been referred to the Constitutional Council by President Nursultan Nazarbaev before he signed them...


Defendant's Religious Beliefs Prevent Him From Viewing Sexual Photos For Trial

Posted on February 12, 2009
In Spring Valley, New York, a man on trial for committing sexual acts with underage girls and photographing two other men having sex with them now claims that he has turned religious and cannot view the sexual photos to aid in his own defense. Yesterday's Lower Hudson Journal-News reports that defendant David Silverman grew up in a Hasidic Jewish community, but left in his teens and was placed in foster care...


Proposal Would Delete Anti-Atheist Clause of Arkansas Constitution

Posted on February 12, 2009
Art. 19., Sec. 1 of the Arkansas Constitution provides: "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court." Yesterday State Rep. Richard Carroll introduced into the Arkansas General Assembly a resolution (HJR 1009) proposing a constitutional amendment that would repeal this provision...


County Board Moves To Moment of Silence; Generates Strong Objections

Posted on February 12, 2009
The Dodge County, Wisconsin Board of Supervisors last week decided to end the practice of opening their meetings with a prayer from one of the Board members. Instead meetings will begin with a moment of silence. The Fond du Lac Reporter last week traced the reason for the decision...


Group Demands Schools End Use of Church For Graduation Ceremonies

Posted on February 12, 2009
Americans United yesterday issued a release announcing that they have written three Wisconsin public school districts and a community college demanding that they stop holding their graduation ceremonies at Elmbrook Church in Brookfield, Wisconsin. Graduation speakers at the church stand under a 30-foot cross which church officials refuse to cover for the ceremonies...


Lebanon Says Citizens Can Remove Religious Affiliation From State Records

Posted on February 12, 2009
In Lebanon yesterday, Interior Minister Ziad Baroud issued a circular permitting any citizen to have his or her religious affiliation removed from Civil Registry Records. Ya Libnan reports that the decision to allow religion to be replaced by merely a slash sign (/) was based on provisions in Lebanon's Constitution protecting freedom of belief, as well as provisions in the introduction to the Constitution pledging commitment to the United Nations Universal Declaration of Human Rights.


Louisiana Prison Will Remove Religious References From Monument

Posted on February 12, 2009
Officials at the Louisiana State Penitentiary have agreed to remove religious inscriptions from a monument that stands at the prison's gate . Officials say the monument was intended to encourage moral rehabilitation and to encourage inmates arriving to begin long sentences...


Vietnam Recognizes Mennonite Church

Posted on February 12, 2009
Vietnam Net reported yesterday that the Vietnam Mennonite Church has received official recognition as a religious organization from the country's Government Committee for Religious Affairs. The church says it will become actively engaged in social work and chariitable activites.


New York Court Applies "Get" Law In Divorce Case

Posted on February 11, 2009
In S.A. v. K.F., (NY Kings Co. S.Ct, Jan. 28, 2009), a New York family court applied NY Domestic Relations Law, Sec. 236 [B] [5] [h], that permits the court in matrimonial actions to consider the effects of a barrier to remarriage of one of the spouses when ordering maintenance and distribution awards...


Child Evangelism Fellowship Wins Preliminary Injunction

Posted on February 11, 2009
In Child Evangelism Fellowship of Minnesota v. Elk River Area School District #728, (D MN, Feb. 6, 2009), a Minnesota federal district court granted a preliminary injunction barring implementation of Elk River (MN) School District's policy of allowing only organizations specifically categorized in federal law as "patriotic" to distribute literature at school Open Houses...


New Jersey Town Sued Over Handbilling Restrictions

Posted on February 11, 2009
Alliance Defense Fund announced yesterday that it has filed suit in federal district court challenging Wildwood, New Jersey's ordinances that restrict the distribution of literature in the beach town. An application letter and fee must be submitted and a permit obtained before handing out political or religious literature anywhere except at six locations on the Wildwood Boardwalk...


Canadian Talk Show Violated Ethics Code According To Panel

Posted on February 11, 2009
The Canadian Broadcasters Standards Council-- a non-governmental organization that administers a broadcast ethics code-- has ruled that comments made by a radio talk show host were "sweeping, abusive and unduly discriminatory criticism of Islam" in violation of the CAB Code of Ethics...


Appeal Filed With 9th Circuit In Mt. Tenabo Case

Posted on February 11, 2009
AP reported yesterday that an appeal has been filed with the U.S. 9th Circuit Court of Appeals in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior. In the case, last month a Nevada federal district court refused to issue a preliminary injunction to prevent Barrick Gold Corp...


Church of England Bans Clergy From Joining Racist British National Party

Posted on February 11, 2009
The General Synod of the Church of England voted Monday to prohibit vicars in the Church from joining the right-wing, racist (whites-only) British National Party. Today's London Mail reports that the resolution passed by a vote of 322- yes; 13-no; and 20 abstentions...


Canadian Teen Says Assault With Kirpan Charges Were Fabricated By Classmates

Posted on February 10, 2009
Canadian Press reported yesterday on the assault trial of a Canadian teenager in Montreal's youth court. The boy is a Sikh who was baptised and received a kirpan (ceremonial dagger) at the end of August. Now two classmates accuse him of assaulting them with the kirpan and with the pin used to tuck his hair under his turban...


Vermont Teacher Sued For Proselytizing

Posted on February 10, 2009
Vermont's ACLU announced yesterday that it has filed suit against seventh-grade teacher Wally Rogers, the Irasburg (VT) School District, and Irasburg Village School principal Paul Simmons. The complaint (full text) filed in Vermont federal district court alleges that Rogers has subjected students to religious proselytizing, and that school officials have failed to respond to complaints...


California Court Dismisses Mexican Clergy Abuse Case For Lack of Jurisdiction

Posted on February 10, 2009
In Joaquin M. v. Rivera, (CA Ct. App., Feb. 4, 2009), a California state appellate court dismissed on jurisdictional grounds a suit by an adult citizen of Mexico against Catholic priest Father Nicholas Aguilar, a Mexican resident, Cardinal Norberto Rivera of Mexico City and the Mexican Catholic Diocese of Tehuacan...


Report Says FBI Has Broken Ties With CAIR

Posted on February 10, 2009
Fox News reported on Jan. 30 that the FBI has largely severed its ties with the Council on American Islamic Relations (CAIR). The FBI had been using CAIR as a liaison to the Muslim community. CAIR has given training sessions on Islam for FBI agents. The reversal in FBI policy came after revelation of ties between high CAIR officials and the Holy Land Foundation whose officials were convicted in December of sending $12...


Pope Reaches Out To Critics of His Reconciliation Attempt With Holocaust Denier

Posted on February 10, 2009
Repair efforts continue after Pope Benedict XVI's lifting of the excommunication of Holocaust denying Lefebvrite bishop Richard Williamson. (See prior posting.) German Chancellor Angela Merkel, who had been strongly critical of the Pope's action, spoke with Benedict XVI on Sunday to discuss their respective views...


British Diplomat Charged Criminally For Anti-Semitic Outburst

Posted on February 09, 2009
Today's London Mail reports that a high ranking diplomat in Britain's Foreign Office has been arrested on charges of inciting religious hatred through threatening words and behavior after an anti-Semitic outburst at the London Business School's gym. The incident occurred while Rowan Laxton, head of the Foreign Office's South Asia Group, was using an exercise bike and, at the same time, watching TV reports about Israeli attacks in Gaza...


Italy's "Terry Schiavo" Case Generates Constitutional Crisis

Posted on February 09, 2009
Yesterday's London Observer reports that the fate of a 38-year old woman in a persistent vegetative state for the last 17 years has precipitated a constitutional crisis in Italy. Eluana Englaro's father has fought for ten years in court to have her feeding tubes removed, which he says would be consistent with the woman's wishes...


US Officials Complain About Proposed Sri Lankan Anti-Conversion Law

Posted on February 09, 2009
Last week, the U.S. Commission on International Religious Freedom criticized Sri Lanka's proposed Prohibition of Forcible Conversion of Religion Act. It said that, among other things, the proposed law is worded so broadly that its practical effect is to ban distribution of religious literature and chill freedom of inquiry...


Recent Articles and Book of Interest

Posted on February 09, 2009
From SSRN:Kevin K. Washburn, Felix Cohen, Anti-Semitism and American Indian Law, (American Indian Law Review, Vol. 33, 2009).From SmartCILP:Marc O. DeGirolami, The Problem of Religious Learning, 49 Boston College Law Review 1213-1275 (2008).Robert Joseph Renaud & Lael Daniel Weinberger, Spheres of Sovereignty: Church Autonomy Doctrine and the Theological Heritage of the Separation of Church and State, 35 Northern Kentucky Law Review 67-102 (2008)...


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