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Religion & Law

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

Maryland Court Says Denial of New Sign Does Not Subtantially Burden Church

Posted on December 28, 2008
In Trinity Assembly of God of Baltimore City, Inc. v. People's Counsel for Baltimore County, (MD Ct. App., Dec. 24, 2008), the Court of Appeals of Maryland in a 48-page opinion rejected a church's RLUIPA challenge to a decision of the Baltimore County Zoning Board of Appeals...

Recent Prisoner Free Exercise Cases

Posted on December 28, 2008
In Shaw v. Norman, 2008 U.S. Dist. LEXIS 102744 (ED TX, Dec. 19, 2008), a Texas federal magistrate judge refused to grant summary judgment for defendants and permitted an inmate to move forward with his 1st Amendment an RLUPA challenges to confiscation of his property by prison authorities...

Top 10 Church-State/ Free Exercise Stories of 2008

Posted on December 28, 2008
Again this year, I am publishing my nominations for the 2008 Top Ten Developments in Church-State Separation/ Free-Exercise of Religion. There were many potential nominees, so I invite your comments on these choices. I have focused not just on the attention which particular stories received, but also on the long-range implications of the developments selected...

New Regulations Ban Religious Proselytizing of Military Recruits

Posted on December 27, 2008
Today's Virginian-Pilot reports that the Military Entrance Processing Command has issued new regulations to prevent religious proselytizing of recruits at its Military Entrance Processing Stations. The new regulations were issued after complaints that some ministries were targeting the centers-- where recruits get their physicals and are sworn in-- in an effort to identify themselves with the military...

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Islamic Revival In Bosnia Threatens Secularism

Posted on December 27, 2008
Today's New York Times says that Bosnia's secularism is being tested by an Islamic revival in the country. Some parents have complained after Muslim education was recently introduced in state-financed kindergartens. In predominately Muslim Sarajevo, many streets have been renamed for Muslim heroes...

Times Analyzes Madoff's Victimization of Jewish Philantropists and Charities

Posted on December 27, 2008
Today's New York Times carries an interesting analysis of the Jewish charities and philanthropists that were victims of the Bernard Madoff fraudulent Ponzi scheme. (See prior posting.) Titled Trust and Exploitation in a Close-Knit World, the article points out that the Jewish victims were all part of the Modern Orthodox community...

Ohio Mayor Reluctantly Changes Christmas Sign

Posted on December 27, 2008
Christmas has passed, but controversies of Christmas displays have not. Today's Elyria (OH) Chronicle-Telegram reports that Avon Lake, Ohio's mayor has changed the message he put up Dec. 15 on the display board outside city hall. It read: "Remember Christ is in Christmas...

Bahrain Wil Donate Land For New Catholic Church

Posted on December 27, 2008
Responding to a request from Pope Benedict XVI, the government of Bahrain will donate land for the building of a new Catholic Church in the country. Gulf News today reports that the existing Sacred Heart Catholic Church was built in 1939-- the first in an Arabian Gulf country.

Navy Says Messianic Jewish Chaplains Must Wear Cross As Lapel Insignia

Posted on December 26, 2008
Jews in Green reported last week that Vice Admiral M. E. Ferguson, head of the Navy's Uniform Board, has followed the lead of the Army and Air Force and ruled that Messianic Jewish chaplains must wear the Christian Cross, rather than the Jewish Ten Commandment Tablets, as lapel insignia...

Tony Alamo Says Civil Suit Requires Court To Decide Religious Issues

Posted on December 26, 2008
Today's Arkansas Democrat Gazette reports that on Nov. 25, two former members of the Tony Alamo Christian Ministries filed a federal court lawsuit against Alamo charging that as teenagers they were beaten and subjected to abuse by the church. On Tuesday Alamo's lawyers filed a Motion to Dismiss or Strike References to Religion (full text), objecting to various of the charges that they say will involve the court in deciding theological matters...

Defamation Suit Against Greek Orthodox Church Dismissed

Posted on December 26, 2008
In Martinos v Greek Orthodox Archdioceses of America, (NY S.Ct., Dec. 16, 2008), a New York trial court dismissed a defamation action brought by the former parish council president of a Greek Orthodox congregation against the archdiocese, the church, its priest and a parish council past president...

Fired Employees Sue Over Scientology-Based Business Model

Posted on December 26, 2008
A religious discrimination lawsuit filed in California state court last month is beginning to attract attention around the blogosphere, such as this Dec. 20 posting by Scott Pilutik. The complaint (full text) in Godelman v. Diskeeper Corp., (L.A. Super...

Disputed Reports Say Gaza Has Adopted Sharia Criminal Law

Posted on December 26, 2008
Yesterday's Arutz Sheva quotes reports apparently originating with the London-based Saudi-owned newspaper Al-Hayat saying that the Palestinian Authority in Gaza has enacted a new law adopting the traditional Sharia criminal code. The reports say the new law adopts penalties such as lashes, amputation of thieves' hands, crucifixion, approval of blood revenge, and execution...

Christmas Is Legal Holiday For First Time This Year In Iraq

Posted on December 26, 2008
For Iraqis, Christmas was different this year. According to the AP yesterday, for the first time the Iraqi government has declared Christmas an official holiday. The Orlando Christianity Examiner on Tuesday reported that in a small Baghdad park, Iraq's Interior Ministry hosted the country's first-ever legal public Christmas celebration...

President Marks Christmas In Statement, Radio Address and Phone Calls To Military

Posted on December 25, 2008
On Tuesday, the White House released President Bush's formal Christmas Message for 2008 (full text). He said in part:During this season, we remember Jesus' birth from the Virgin Mary, His justice and mercy that changed the world, and His ultimate sacrifice for all people...

Court Issues Finely-Tuned Ruling In Ordering Surgery For Amish Boy

Posted on December 25, 2008
In St. Lawrence County, New York, a family court judge has issued a finely-tuned ruling in the case of a 20-month old Amish boy, Eli Hershberger, who likely will die if he does not receive surgery to repair a hole in his heart. His parents' religious beliefs preclude them from consenting to the surgery...

Queen Elizabeth To Give Christmas Message; Channel 4 Has Controversial Alternative

Posted on December 25, 2008
In Britain, Queen Elizabeth II's Christmas message will be broadcast Thursday afternoon (British time). A video of the speech is available from the YouTube Channel of the British Monarchy. The Guardian yesterday previewed her remarks. A history of the Royal Christmas Broadcast, which began in 1932, and transcripts of a number of the earlier addresses, are also available from the Monarchy's website...

Rubashkin Bail Denied Again; Court Says Law of Return Not Important Factor

Posted on December 25, 2008
In United Sates v. Rubashkin, (ND IA, Dec. 22, 2008), an Iowa federal magistrate judge denied a motion for reconsideration of an order for pre-trial detention of defendant Sholom Rubashkin, former CEO of an Iowa kosher meat packing plant that was shut down after a large-scale immigration raid earlier this year...

President Sends Kwanzaa Greetings

Posted on December 25, 2008
On Wednesday, the White House released President Bush's 2008 Message for Kwanzaa (full text). He said in part: "As people across our country gather to commemorate this seven-day celebration, may we all be reminded that Kwanzaa is an opportunity to celebrate the many contributions of our African American citizens...

Times Analyzes Appeal of Islamic Movements To Jordanian Youth

Posted on December 24, 2008
In another of its extended series of articles on the lives of youth in the Muslim world, today's New York Times profiles the increasing attractiveness of Islam to university students in Jordan. It says: Today, the search for identity in the Middle East no longer involves tension between the secular and religious...

AALS Section Publishes Law and Religion Bibliogrpahy

Posted on December 24, 2008
The Association of American Law Schools Section on Law and Religion has issued its December 2008 Newsletter containing a 40-page bibliography of books and articles on law and religion published during the past year. It also contains a listing of blogs dealing with law and religion.

Obama Will Use Same Bible As Lincoln For Swearing-In

Posted on December 24, 2008
The Obama Presidential Inaugural Committee announced yesterday that president-elect Barack Obama will be sworn in on the Bible used by Abraham Lincoln at his 1861 inauguration. The velvet-bound Lincoln Bible was made available by the Library of Congress for the ceremony...

Texas Issues Report On Raid of FLDS Ranch

Posted on December 24, 2008
On Monday, the Texas Department of Family and Protective Services (DFPS) issued a 21-page report (full text) defending its highly publicized April raid of the polygamous FLDS Church's Yearning For Zion Ranch. It said that 12 girls are confirmed victims of sexual abuse and neglect because they were married at ages ranging from 12 to 15...

Planned Anti-Abortion Protest At Inaugural Parade Hits Snags

Posted on December 24, 2008
The Christian Defense Coalition is planning a series of anti-abortion rallies and demonstrations during the Presidential inauguration. The Birmingham Letter Project website sets out the schedule and related information. In a letter (full text) sent to federal authorities last Tuesday, organizers requested a meeting with officials to work out the logistics of a demonstration scheduled during the inaugural parade...

8th Circuit Denies Review of Religious Discrimination Judgment on Procedural Grounds

Posted on December 24, 2008
In EEOC v. Southwestern Bell Telephone, LP, (8th Cir., Dec. 19, 2008), the U.S. 8th Circuit Court of Appeals dismissed on procedural grounds an appeal by AT&T of a Title VII religious discrimination judgment against it obtained by the Equal Employment Opportunity Commission on behalf of two former Jehovah's Witness employees...

Indiana City Rejects Prayer Box Proposal

Posted on December 23, 2008
Rensselaer, Indiana's City Council yesterday reluctantly voted down a proposal by local ministers to install a "prayer box" in the City Hall reception area. a href="http://www.jconline.com/article/20081223/NEWS/812230317"JC Online /areports that the mayor and council members personally favored the idea, but were concerned about church-state issues it raised...

Does Employment Accommodation Include Saying Merry Christmas?

Posted on December 23, 2008
How far does the obligation extend under employment discrimination laws to reasonably accommodate an employee's religious beliefs? A a href="http://www.lc.org/index.cfm?PID=14100amp;PRID=760"release/a yesterday by Liberty Counsel publicizing a case in Panama City, Florida raises the issue...

Preliminary Injunction Allows Religious Sign To Remain Near US Highway

Posted on December 23, 2008
In ema href="http://www.telladf.org/UserDocs/BurrittDecisionOrder.pdf"Burritt v. New York State Department of Transportation/a, /em(ND NY, Dec. 18, 2008), a New York federal district court issued a preliminary injunction preventing the state of New York from enforcing its regulations relating to highway signs against a businessman who displayed a large religious sign on his property adjacent to US Route 11 in northern New York...

New Study of Religious Affiliation of Members of 111th Congress

Posted on December 23, 2008
a href="http://pewforum.org/docs/?DocID=379"Pew Forum /aon Friday released a study of the religious affiliation of members of the new 111th Congress. Looking at the House and Senate together, 54.7% are Protestant (most from the mainline denominations), 30...

Georgia's AG Supports Permitting Religious Garb In Courtrooms

Posted on December 23, 2008
Georgia's Attorney General a href="http://law.ga.gov/00/channel_title/0,2094,87670814_87670933,00.html"Thurbert E. Baker /asays he supports changing court rules to permit the wearing of religious garments, including the Islamic emhijab/em, in courtrooms...

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