Religion & Law

Malaysian Official Wary On Moves Toward Inter-Religious Understanding

Posted on December 22, 2008
In Malaysia today, according to a report by a href="http://www.bernama.com/bernama/v5/newsgeneral.php?id=379902"Bernama/a, Dr. Ahmad Zahid Hamidi, Minister in the Prime Minister's Department, spoke to reporters after opening the 4th Islamic Religious Enforcement Officers and Syariah Prosecutors' Conference and launching the Code of Ethics for Religious Enforcement Officers...

Vietnam Recognizes Presbyterians and Seventh Day Adventists

Posted on December 22, 2008
a href="http://www.earthtimes.org/articles/show/247367,vietnam-government-recognizes-two-christian-denominations.html"Earth Times /areports today that the government of Vietnam has now officially recognized the Vietnamese branches of the Seventh-Day Adventist Church and the Presbyterian Church...

Poland's President Visits Synagogue Service For First Time In History

Posted on December 22, 2008
a href="http://en.wikipedia.org/wiki/Lech_Kaczy%C5%84ski"Lech Kaczynski/a, president of Poland, yesterday lit a candle in a ceremony marking the beginning of Hanukkah in a Warsaw synagogue. The Hanukkah service also included a prayer for the Polish nation written for the occasion...

Recent Articles of Interest and Two Unusual New Books

Posted on December 22, 2008
From SSRN:br /br /ulliTanya Dumas, Sean Gates amp; Deborah Schwarzer, ema href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1317439"Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research/a,/em (Widener Law Review, Forthcoming)...

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Former Armenian Churches In Georgia are Focus of Contention

Posted on December 22, 2008
An a href="http://www.reporter.am/go.cfm?path=/go/article/2008-12-20-georgian-church-lays-claims-to-armenian-monuments-in-tbilisi-and-beyondamp;pg=1"article/a in the Armenian Reporter and an a href="http://www.reporter.am/go.cfm?path=/go/article/2008-12-20-the-georgian-government-must-return-armenian-churchesamp;pg=1"interview/a with Armenian Bishop Vazgen Mirzakhanian focus on six church buildings in the nation of Georgia-- five of them in the capital of Tiblisi-- which are claimed by the Armenian Orthodox Church...

Hanukkah Begins Tonight With Mixed Church-State Messages In DC

Posted on December 21, 2008
The Jewish festival of Hanukkah begins at sundown this evening. In Washington, DC, events project a mixed church-state message. On the Ellipse near the White House, the "National Chanukah Menorah" will be lit in a ceremony featuring, among others, the U...

British Marriage Registrar Loses Discrimination Appeal

Posted on December 21, 2008
In London Borough of Islington v. Ladele, (EAT, published Dec. 19, 2008), Britain's Employment Appeal Tribunal reversed a lower Tribunal's decision (see prior posting) and held that a Christian marriage registrar was not subjected to illegal discrimination when she was disciplined and threatened with dismissal for refusing to register same-sex civil partnerships...

Inidian Court Refuses To Permit Burial of Terrorists By Jailed Muslim Qazi

Posted on December 21, 2008
In India, the Maharashtra Control of Organised Crime Act Court has rejected an application by a Muslim Qadi (religious judge) who wants to bury the nine Pakistani terrorists from the recent Mumbai massacre in a cemetery plot he owns. Today's Times of India reports that the application was filed by Saquib Nachan, who is in jail facing charges of conspiracy from a 2003 train bombing...

Recently Available Prisoner Free Exercise Cases

Posted on December 21, 2008
In Rivers v. McConnell, (3d Cir., Dec. 17, 2008), the U.S. 3rd Circuit Court of Appeals dismissed a frivolous an appeal by a prisoner who claimed, among other things, free exercise violations stemming from action taken against him after he made death threats against county officials in a pleading in a child custody case...

In India, Tribals Protest Ban On Religious Hunting Ritual

Posted on December 20, 2008
a href="http://www.telegraphindia.com/1081220/jsp/jharkhand/story_10278535.jsp"Today's Calcutta Telegraph/a, following up on an a href="http://www.telegraphindia.com/1081127/jsp/jharkhand/story_10170820.jsp"article/a published last month, reports on the problems that followers of the tribal Sarna religion in India are having in carrying out one of their key rituals-- the emSendra...

Last Trial Court Decision Issued In Virginia Episcopal Church Litigation

Posted on December 20, 2008
In ema href="http://www.fairfaxcounty.gov/courts/cases/in_re_multi-circuit_episcopal_church_litigation/pdfs/opinion_remaining_57-9_issues.pdf"In Re: Multi-Circuit Episcopal Church Property Litigation/a/em, (VA Cir. Ct., Dec. 19, 2008), a Virginia state trial judge issued a letter opinion deciding the remaining eight issues outstanding in the elaborate litigation involving eleven break away Episcopal (now Anglican) congregations which are seeking to retain control of their church buildings and property...

6th Circuit OK's Exclusion of Religious Work From Military Post-Retirement Credit

Posted on December 20, 2008
In ema href="http://www.au.org/site/DocServer/BowmanOp6thCir.pdf?docID=3561"Bowman v. United States/a,/em (6th Cir., Dec. 18, 2008), the U.S. 6th Circuit Court of Appeals rejected a claim by a retired Air Force sergeant that he was wrongly denied participation in a program that credited extra years toward military retirement benefits for post-separation public and community service...

Court Adjudicates Competing Claims For Control Of Baptist Church

Posted on December 20, 2008
In ema href="http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09899.htm"Premiere Eglise Baptiste Haitienne de Manhattan (First Haitian Baptist Church of Manhattan) v. Joseph/a,/em (NY App. Div., Dec. 18, 2008), a New York state appellate court rejected a claim by George Joseph that he had authority over a congregation's temporal affairs by reason of a power of attorney given to him by his father, a former pastor of the church...

Amish Landowner Loses In Prosecution for Refusing To Install Septic System

Posted on December 20, 2008
In ema href="http://www.sconet.state.oh.us/rod/docs/pdf/98/2008/2008-ohio-5651.pdf"State of Ohio v. Bontrager/a,/em (OH Munic. Ct., June 24, 2008), decided several months ago by the Trumbull County, Ohio Municipal Court, but just made available online, an Amish man lost his battle with county Board of Health officials...

City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer

Posted on December 20, 2008
After months of negotiations (see a href="http://religionclause.blogspot.com/2008/09/illinois-churchs-rluipa-lawsuit-settled.html"prior posting/a), under pressure from the Illinois Counties Risk Management Trust (ICRMT), its insurer, Carlinville, Illinois City Council has finally approved an agreement settling a lawsuit brought against it by the Carlinville Southern Baptist Church...

Texas Town Ues Christianity In School Football Program

Posted on December 19, 2008
The Sherman, Texas a href="http://www.heralddemocrat.com/hd/News/12-18-Celi-story"Herald Democrat /areported Wednesday on the continued use of Christianity in the football program of the Celina, Texas public schools. At the end of a recent game, players from Celina and opponent Liberty Hill joined hands to recite the Lord's Prayer...

Arizona Bar Considering Expanding Oath To Assure Proper Representation of Gays

Posted on December 19, 2008
Yesterday's a href="http://www.yumasun.com/news/raises_46584___article.html/among_state.html"Yuma Sun /areports that the State Bar of Arizona is considering expanding the non-discrimination oath that lawyers now take to include sexual orientation. Currently each lawyer admitted to the bar is required to sign an oath that he or she "will not permit considerations of gender, race, age, nationality, disability or social standing to influence my duty of care...

Illinois Supreme Court Says Challenge To Pharmacy Rules May Move Ahead

Posted on December 19, 2008
Inem a href="http://www.state.il.us/court/OPINIONS/SupremeCourt/2008/December/104692.pdf"Morr-Fitz, Inc. v. Blagojevich/a,/em (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court in a 5-2 decision, overturned lower courts and held that plaintiffs had stated a justiciable challenge to a State Board of Pharmacy rule that requires pharmacies to dispense the "morning after pill" even if pharmacists or pharmacy owners have a conscientious objection to doing so...

UN General Assembly Passes Defamation of Religion Resolution With Less Support

Posted on December 19, 2008
Yesterday, the United Nations General Assembly-- for the fourth year in a row-- passed a resolution urging member states to take action against defamation of religions and religious hatred. a href="http://in.reuters.com/article/worldNews/idINIndia-37100620081218"Reuters/a reports that the resolution, supported by the Organization of the Islamic Conference, passed by a vote of 86 to 53 with 42 abstentions...

Judgments Threaten To Bankrupt Vermont Catholic Diocese

Posted on December 19, 2008
A jury in a Vermont state court on Wednesday decided that the a href="http://www.vermontcatholic.org/"Roman Catholic Diocese of Burlington, Vermont/a is liable for damages of $3.6 million for negligence in hiring and supervising Edward Paquette, a pedophile priest...

Magazine Publishes Long Interview With Archbishop of Canterbury

Posted on December 19, 2008
a href="http://www.newstatesman.com/religion/2008/12/williams-archbishop-lambeth"New Statesman /ayesterday published a long interview with Rowan Williams, the Archbishop of Canterbury. The interview came from a series of meetings over the last year between Williams and reporter James Macintyre...

Idaho University Sued Over Denial of Funding To Student Religious Groups

Posted on December 19, 2008
In Idaho, six students have filed suit in federal district court against Boise State University challenging University rules that preclude student religious organizations from receiving funding from student activity fees. The University contends that the exclusion is required by the provision in Idaho's Constitution (Art...

HHS Adopts Final "Conscience Rules" To Protect Health Care Providers

Posted on December 19, 2008
The Department of Health and Human Services published in today's Federal Register the final version of its "conscience rules" that protect health care providers who have moral or religious objections to performing or furnishing particular services. (HHS News Release...

Court Says Rabbis' Homes Qualify For NJ Parsonage Exemption

Posted on December 18, 2008
Ina href="http://www.judiciary.state.nj.us/taxcourt/08585-07opn.pdf" emMesivta Ohr Torah of Lakewood v. Township of Lakewood/em/a, (NJ Tax Ct., Dec. 10, 2008), the Tax Court of New Jersey held that two homes owned by a religious organization are entitled to the parsonage exemption from property tax under New Jersey law (a href="http://lis...

Court Refuses To Reonsider Opinion In UW Catholic Foundation Case

Posted on December 18, 2008
In emRoman Catholic Foundation, UW Madison, Inc. v. Regents of the University of Wisconsin System,/em a href="http://www.lexis.com/xlink?showcidslinks=onamp;ORIGINATION_CODE=00142amp;searchtype=getamp;search=2008%20U.S.%20Dist.%20LEXIS%20101390%20%20"2008 U...

Obama's Selection For Inauguration Invocation Creates Controversy

Posted on December 18, 2008
Barack Obama yesterday created one of the earliest controversies of his upcoming administration by inviting pastor a href="http://en.wikipedia.org/wiki/Rick_Warren"Rick Warren/a, author of the popular book, emThe Purpose-Driven Life,/em to deliver the invocation at his inaugural...

UK Charity Commission Issues New Guidance For Religious Groups

Posted on December 18, 2008
Under Britain's a href="http://www.legislation.gov.uk/acts/acts2006/ukpga_20060050_en_1"Charities Act 2006/a, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (a href="http://www.charitycommission.gov.uk/publicbenefit/default...

Court In Ghana Restrains Town's Small Mosques From Using Microphones

Posted on December 18, 2008
In Ghana, according to Monday's a href="http://www.modernghana.com/news/195085/1/krachiwura-drags-moslem-leaders-to-court-for-dis.html"Ghanain Chronicle /a, the Presiding Magistrate at Kete-Krachi district court has ordered nine mosques in the a href="http://en...

Israel-Vatican Negotiations On Taxes, Property Resume

Posted on December 18, 2008
In Jerusalem yesterday, two days of negotiation began between Israel and the Holy See in the nearly ten-year effort by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status and agree on protection of Church properties and ownership of several sacred sites...

"Ask the White House" Session Is On Holidays At the White House

Posted on December 18, 2008
On Tuesday, Anita McBride, Laura Bush's chief-of-staff, answered questions online about "Holidays at the White House" (a href="http://www.whitehouse.gov/ask/20081216.html"full transcript/a). The online forum is part of the regular "Ask the White House" series hosted on the White House website...

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