Religion & Law

5 Catholic Adoption Agencies In Britain Comply With Equality Act

Posted on January 05, 2009
Ekklesia reported yesterday that five of the eleven British Catholic adoption agencies that were given 21 months to adjust to the 2007 Equality Act (Sexual Orientation) Regulations have now come into compliance. The 21-months expired January 1. The complying agencies can no longer refuse to place children for adoption with gay and lesbian couples...

Recent Articles Of Interest

Posted on January 05, 2009
From SSRN:Jeffrey Shulman, The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy, (Penn State Law Review, Vol. 113, p. 381, 2008).Jeffrey Shulman, What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child, (Villanova Law Review, Vol...

Rahm Emanuel's Rabbi Talks About The New Chief-of-Staff

Posted on January 05, 2009
Today's Springfield (IL) State Journal Register carries an interview about Rep. Rahm Emanuel with Emanuel's rabbi, Rabbi Asher Lopatin. Emanuel is President-elect Obama's new chief of staff. Lopatin, rabbi of Chicago's Anshe Sholom B?nai Israel, a Modern Orthodox synagogue, says that Emanuel is "definitely a deeply religiously committed person...

Obama Transition Studying Faith-Based Funding Partnerships

Posted on January 04, 2009
Today's Christian Science Monitor reports on efforts underway by the Obama transition team to extend and modify Pres. Bush's Faith-Based and Community Initiative. It reports that the transition has set up a large advisory committee with differing perspectives on the most contentious issues to tackle the church-state issues involved in federal funding of faith-based organizations...

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New Policy On Comments

Posted on January 04, 2009
Beginning immediately, I will be moderating all comments before they appear online on Religion Clause. I regret moving to this system, but lately there has been a significant increase in commercial spam and in off-topic and inappropriate comments. I welcome reasoned comments on all postings...

Court Rejects RFRA Defense To Charges of Illegal Importation of Animal Parts

Posted on January 04, 2009
In United States v. Manneh, 2008 U.S. Dist. LEXIS 105209 (D NY, Dec. 31, 2008), a New York federal district court refused to dismiss an indictment against Mamie Manneh who was charged with importing parts of endangered African primates without the permit required by the Convention on International Trade in Endangered Species and failing to disclose to border officials the true nature of the product she was importing...

Professor Suggests Cremating Bodies of Mumbai Terrorists

Posted on January 03, 2009
As previously reported, Muslim cemeteries in India have refused burial to the bodies of the Mumbai terrorists, saying that their actions demonstrate that they could not be true Muslims. Vanderbilt University Professor Leor Halevi, in an opinion piece from the Washington Post reprinted today, says that burying the terrorists outside a Muslim ceremony in their battlefield clothing would be inappropriate...

9th Circuit Denies En Banc Review of Certification In Boy Scourts Case

Posted on January 03, 2009
In the latest chapter of a complex procedural route through the courts, in Barnes-Wallace v. City of San Diego, (9th Cir., Dec. 31, 2008), the U.S. 9th Circuit Court of Appeals refused to grant an en banc review a June 2008 order certifying three questions of California state constitutional law to the California Supreme Court...

Proposed Texas Science Standards Please Scientists

Posted on January 03, 2009
The Ft. Worth Star Telegram reported on Thursday that the proposed final draft (full text) of science curriculum standards for Texas high schools pleases scientists who feared that the standards would undercut the teaching of evolution. The draft defines science using the National Academy of Science language...

Pennsylvania Court Says Marriages Can Be Performed By Clergy Without Churches

Posted on January 02, 2009
The Philadelphia Inquirer reports that a Bucks County, Pennsylvania judge ruled on Wednesday that a marriage performed by a minister of the Universal Life Church is valid even though the minister was ordained online and has no permanent congregation. In 2007, a judge in York county ruled that such marriages were invalid because Pennsylvania law limits clergy who can perform weddings to those who have a "regularly established church or congregation...

British Proposal Would Authorize Women Bishops With Alternative "Complementary Bishops"

Posted on January 02, 2009
In Britain, the Church of England this week published the draft of proposed legislation that would for the first time permit women to become bishops in the Church of England. They may already be ordained as priests. Under the draft "Bishops and Priests (Consecration and Ordination of Women) Measure," male "complementary bishops" will be appointed to minister to those parishes unwilling to accept women bishops and priests...

Vice Mayor Won't Offer Invocation If It Must Be Non-Sectarian

Posted on January 02, 2009
The Roanoke, Virginia Times reported on Wednesday that Roanoke's vice mayor, Sherman Lea, who is also a minister, is asking that his name be removed from the list of clergy who offer invocations before city council meetings. His request came after council members and the ACLU received an e-mail from a Roanoke citizen complaining about Lea's Dec...

Malaysia Orders Catholic Paper To Cease Publishing Pending Court Decision

Posted on January 02, 2009
In Malaysia, the newspaper Catholic Herald has been in a dispute for some time with government officials over the paper's use of the term "Allah" in its Malay language edition to refer to God. In November, the Herald filed suit asking the courts to resolve the issue...

Missouri Religious Organization In Tax Dispute

Posted on January 02, 2009
The Joplin (MO) Globe yesterday reported on tax dispute between Jasper County, Missouri and The Bridge, a Christian ministry. At issue is whether the group is entitled to an exemption from real estate and personal property taxes on it building that features climbing walls, a basketball court, a skate park, an arcade, a concert venue and a cafe...

Happy New Year and Thanks To Religion Clause Readers

Posted on January 01, 2009
Dear Religion Clause Readers:Happy New Year! As we enter one of the most challenging years in U.S. history, I want to thank all of you who read Religion Clause. To the long time followers, thanks for your continuing interest; to those who have joined us more recently, welcome aboard! It has been a year packed full of news and developments relating to law and religion...

Christmas Music Case Is On Appeal in 3rd Circuit

Posted on January 01, 2009
Today's New Jersey Jewish News discusses the pending appeal in the 3rd Circuit of Stratechuk v. Board of Education, South Orange Maplewood School District, in which a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts...

Vatican Will End Automatic Adoption of Italian Law

Posted on January 01, 2009
ANSA and the Times Online of London report that starting today, the Vatican will end the practice adopted under a Vatican statute signed in 1929 of automatically incorporating laws passed by Italy's Parliament into the Vatican's legal code (except in cases of radical incompatibility with canon law)...

Brokerage Firm Settles EEOC Religious-National Origin Discrimination Suit

Posted on January 01, 2009
Reuters reported yesterday that Merrill Lynch has agreed in a settlement with the EEOC to pay former employee Majid Borumand $1.55 million in damages, back pay and legal fees in a suit alleging that the financial analyst was not promoted and then was fired because he was an Iranian Muslim...

EEOC Gets Settlement To Reinstate Seventh Day Adventist Worker

Posted on December 31, 2008
Today's Sacramento Bee reports that Sierra Pacific Industries has entered a consent decree with the EEOC in a suit on behalf of a Seventh Day Adventist who was fired from the company's Oroville, California lumber mill when he refused to work Friday night shifts for religious reasons...

DC Circuit Rejects Free Exercise Challenge To DNA Sampling

Posted on December 31, 2008
In Kammerling v. Lappin, (DC Cir., Dec. 30, 2008), rejected a federal prisoner's free exercise challenges the government's taking of a required DNA sample from him pursuant to the DNA Analysis Backlog Elimination Act. Russell Kammerling argued that as an Evangelical Christian, submitting to DNA testing is repugnant to his religious beliefs regarding the proper use of "the building blocks of life...

Amish Farmer Charged For Failing To Register Livestock Premises

Posted on December 31, 2008
Yesterday's Chicago Tribune reports that for the first time in Wisconsin, an Amish farmer has been charged civilly with failing to comply with the state's livestock premise registration law. The law is designed to facilitate notice to farmers when there are emergencies or disease outbreaks...

NY Court Refuses To Confirm Arbitration Award Of Jewish Religious Court

Posted on December 31, 2008
In In re Brisman v. Hebrew Academy of the Five Towns & Rockaway, (Sup. Ct. Kings Co. NY, Dec. 18, 2008), a New York state trial court refused to confirm an arbitration award issued by a Bet Din (Jewish religious court) in a dispute between a religious school and a teacher who was terminated after his contract expired...

Oregon Appeals Board Says Animist Church Must Be Permitted Under RLUIPA

Posted on December 30, 2008
In Young v. Jackson County, (OR Land Use Bd. App., Dec. 23, 2008), the Oregon Land Use Board of Appeals held that the "equal terms" provision of RLUIPA was violated when a county denied an application to operate a church in an existing dwelling on land zoned for farm use, but within three miles of an urban growth boundary...

NJ Finds Discrimination In Faith Group's Refusal To Rent Premises For Civil Union

Posted on December 30, 2008
The New Jersey Division of Civil Rights announced yesterday that its investigation had found probable cause to credit allegations that the Methodist-affiliated Ocean Grove Camp Meeting Association had discriminated against a lesbian couple when it refused to rent its Boardwalk Pavilion for the couple to use for their civil union ceremony...

Amended Complaint Expands Reigious Promotion Charges Against Army

Posted on December 30, 2008
Yesterday the Military Religious Freedom Foundation filed an amended complaint (full text) in Chalker v. Gates, (D KA, filed 12.29/2008), seeking to protect enlisted military personnel from being required to attend military functions and formations that include Christian prayer...

Newdow Lawsuit Challenges Inaugural Oath and Invocation

Posted on December 30, 2008
Michael Newdow's website reports that a lawsuit was filed yesterday in Washington, D.C. federal district court challenging two elements of the upcoming inauguration ceremony planned for Barack Obama. The complaint (full text and links to Appendices) in Newdow v...

2nd Circuit Says Asylum Applicant Is Not Genuine Falun Gong Adherent

Posted on December 29, 2008
In Zheng v. Mukasey, (2d Cir., Dec. 29, 2008), the U.S. 2nd Circuit Court of Appeals upheld the denial of asylum to an immigrant from China who claimed that he would face religious persecution if he was returned home. The court held that there was substantial evidence to support the Immigration Judge's finding that Yangli Zheng was not a genuine Falun Gong adherent and that he would not practice Falun Gong if returned to China.

Huge Mass In Spain Opposes Government's Social Reforms

Posted on December 29, 2008
Reflecting its opposition to social reforms enacted and proposed by Spain's Socialist government, the Catholic Church yesterday held an open-air Mass in Madrid attended by hundreds of thousands. AFP reports that Pope Benedict XVI addressed the crowd from the Vatican on large screens set up in Plaza Colon...

Orissa Will Investigate Charges of False Scheduled Caste Certificates

Posted on December 29, 2008
In the Kandhamal district of the Indian state of Orissa, the government has agreed to investigate charges that at least two politicians have used false Scheduled Caste certificates to obtain governmental positions. (See prior related posting.) In India, members of Scheduled Castes (formerly known as "untouchables") obtain various preferences...

Connecticut Minister Disputes Interpretation of Tax Exemption Statute

Posted on December 28, 2008
Is church property subject to taxation if the church stops using it for religious services? The Colchester, Connecticut tax assessor says the answer to that is "yes" under Connecticut law. However, Rev. Susan Nikirk disagrees. Yesterday's Norwich (CT) Bulletin reports that Rev...

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