Religion & Law

CNN Interviews Muslim-Americans On Upcoming Election

Posted on October 22, 2008
In a report published yesterday, CNN interviewed a number of Muslim-Americans about their views on the upcoming election. CNN says that Muslim-Americans "are more interested than ever before in the political process, in part because their religion has been reduced to a talking point in the presidential campaign...

Court Says Loyalist Members of Episcopal Parish Are Proper Board of Governors

Posted on October 22, 2008
New v. Kroeger, (CA Ct. App., Oct. 21, 2008) is an action brought by the members of San Diego, California's St. John?s Parish who remained loyal to the Episcopal Church after a majority of parish members broke away and affiliated with the more conservative Anglican Church in Africa...

Muslim Lawsuits Speed Up Processing of Citizenship Applications

Posted on October 20, 2008
In response to class action lawsuits filed by Muslims in several states, federal authorities began in May to reduce a nationwide backlog of citizenship applications that have been delayed because of required name checks and background checks. Today's Arlington Heights (IL) Daily Herald reports that the U...

British and Moroccan Agencies Impose Religious Tests On Adooptive Parents

Posted on October 20, 2008
Last Saturday's Times of London reports on the religious demands made upon Robert and Jo Garofalo, a British couple who adopted a Moroccan child in 2006 and later attempted to adopt a second child from the same orphanage. At the time of the first adoption, apparently as required by Moroccan authorities, the couple converted to Islam...

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Recent Articles and Book of Interest

Posted on October 20, 2008
From SSRN:Saadiah Mohamad, Islamic Hedging: Gambling or Risk Management?, (August 27, 2008).Penelope Andrews, Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, (Utah Law Review, 2009).Joseph Vining, Is There an Implicit Theology in the Practice of Ordinary Law?, (Mercer Law Review Vol...

Rector's Suit Against Bishop Opens In Pennsylvania Today

Posted on October 20, 2008
Today's Philadelphia Inquirer reports on an unusual trial that begins today in a Pennsylvania state trial court. Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA), is suing Episcopal Bishop Charles E. Bennison Jr. for fraud and deception allegedly used to remove Moyer as a priest six years ago...

Religion Clause blog is on a short

Posted on October 20, 2008
Religion Clause blog is on a short break. The next new postings will appear on Wednesday evening. Please stop back then for a full update on new developments in the news.In the meantime, if you have any reaction, positive or negative, to the slightly altered template that I am now using for the blog, please let me know...

Iowa Christian Group Wants Information On Judges' Worldview

Posted on October 20, 2008
The Cedar Rapids (IA) Gazette reports today that the Iowa Christian Coalition is urging the public to vote "No" on retention of all judges who are up for a retention vote in November under Iowa's merit-based selection system. An article by ICC lobbyist Norm Pawlewski objects that none of the voters guides on judges reveal a judge's political views or worldview-- especially on issues such as abortion or gay rights...

Taliban In Afghanistan Kill Aid Worker, Charging Christian Proselytizing

Posted on October 20, 2008
The AP reports that the murder of a Christian aid worker in Afghanistan today was carried out on orders of the Taliban who objected to her engaging in proselytizing activity. Gayle Williams, 34 years old and a dual citizen of Britain and South Africa was gunned down by assailants on a motorbike as she walked to work...

Times Reports On China's Increasing Restrictions On Muslim Uighurs

Posted on October 19, 2008
A front page story in today's New York Times reports on the "intricate series of laws and regulations intended to control the spread and practice of Islam" imposed by China on Uighurs in the autonomous region of Xinjiang: Official versions of the Koran are the only legal ones...

Michigan Court Upholds Social Security Number Requirement For Drivers License

Posted on October 19, 2008
In Champion v. Secretary of State, (MI Ct. App., Oct. 16, 2008), the Michigan Court of Appeals rejected claims under the free exercise and equal protection clauses of the Michigan constitution and required that a religious objector furnish his social security number in order to obtain a drivers license...

Recent Prisoner Free Exercise Cases

Posted on October 19, 2008
In Smith v. Kyler, (3d Cir., Oct. 9, 2008), the U.S. 3rd Circuit Court of Appeals upheld the policy of the Pennsylvania Department of Corrections to provide chaplains only for the largest major faith groups and to prohibit group worship by others unless a volunteer faith group leader could be found...

Complaints Aired Over Ban on Teachers At "See You At the Pole"

Posted on October 19, 2008
The Carlisle (PA) Sentinel reported that at last Thursday's meeting of the Carlisle Area School Board, a group of parents and teachers attended to complain about the Board's decision to bar teachers from attending September's student-initiated "See You At the Pole" prayer event...

Alabama School Board Seeks To Fend Off Litigious Preacher

Posted on October 18, 2008
In Bay Minette, Alabama, the Baldwin County (AL) School Board has filed a lawsuit in state court asking the court "for guidance in hopes of preventing prolonged legal expense to the taxpayers." The problem is repeated litigation by Christian preacher Orlando Bethel and his wife Glynis-- including a new suit seeking $5 million in damages for refusing to permit a Christian after-school program on teenage pregnancy, juvenile delinquency and sexual abstinence...

California's Proposition 8 Pushed By Religious Groups, Especially Mormons

Posted on October 18, 2008
California's Proposition 8 on the ballot in November aims to overturn the California Supreme Court's recognition of same-sex marriage. (See prior posting.) Yesterday's News Blaze carries a long article about the involvement of religious organizations-- and particularly the Mormon Church-- in support of Proposition 8...

Louisiana Governor Criticized For State Travel To Worship In Various Churches

Posted on October 18, 2008
Yesterday, Americans United issued a release strongly criticizing Louisiana Governor Bobby Jindal for traveling in State Police helicopters a dozen times to worship in churches in northern Louisiana. A long article last week in the Advocate discloses that Jindal ran up extensive costs for the state by using the helicopters for various kinds of trips, including those that involved worshiping in churches around the state...

Justice Department 2007 Memo Says RFRA Trumps Non-Discrimination Law

Posted on October 18, 2008
Yesterday?s New York Times reported on a 25-page memorandum (full text) written in 2007, but released only last week, by the Justice Department?s Office of Legal Counsel (OLC). The memo concludes that the Religious Freedom Restoration Act (RFRA) trumps the religious anti-discrimination provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)...

Vietnam Official Wants Hanoi Archbishop Ousted

Posted on October 18, 2008
Viet Catholic News Agency reports today that local government officials in Vietnam are attempting to force the Catholic Church to oust Archbishop Joseph Ngo Quang Kiet, Archbishop of Hanoi. Nguyen The Thao, Chairman of the People?s Committee of Hanoi (a position similar to mayor) told a group of diplomats earlier this week that the present Archbishop "has neither reputation nor creditability with the city's citizens, including Catholic faithful...

Vatican Issues Commentary on Religion and Government

Posted on October 18, 2008
The news agency Zenit today published "Profile of a Catholic Politician", a Gospel commentary for tomorrow by Father Raniero Cantalamessa, the Pontifical Household preacher. It focuses on a famous line from tomorrow's prescribed readings: "Give to Caesar what is Caesar's, and to God what is God's...

Philippines House Passes Bill To Ban Religious Labels In Reporting On Criminal Suspects

Posted on October 17, 2008
A press release from the Philippines' House of Representatives reports that it has approved a proposed bill to ban newspapers, broadcast and electronic media from labelling criminal suspects (or persons convicted of crimes) as "Muslim" or "Christian", or to use any other word denoting religious, regional or ethnic affiliation in reporting on them...

Groups Criticize Kyrgyzstan's Proposed Religion Law

Posted on October 17, 2008
Forum 18 reported yesterday that Kyrgyzstan's Parliament last week passed without discussion the first reading of a new Religion Law. The second and final reading may be later this month. News Agency 24.kg reported yesterday that Alexander Shumilin chairman of Kyrgyzstan's Council of Churches of Evangelical Baptist Christians, has strongly criticized the proposed new law...

Policy Change On Gay Pride Parade Results In Injunction Denial For Firefighters

Posted on October 17, 2008
Last week, a San Diego (CA) Superior Court judge refused to grant an injunction sought by four Catholic firefighters who objected to being required to participate in the local Gay Pride Parade. The complaint alleged that forced participation violated the firefighters' free speech rights...

Virginia Break-Away Anglican Congregations Score Another Victory

Posted on October 17, 2008
The Washington Times reports that on Tuesday, a Fairfax County, Virginia, trial court judge issued yet another ruling in favor of one of the local congregations that has broken away from the Episcopal Church in order to affiliate with the newly-created more conservative Anglican District of Virginia...

Texas Atheist Group Releases Voters Guide

Posted on October 17, 2008
In a press release issued on Wednesday, the Atheist Community of Austin announced release of the ACA 2008 Voters' Guide featuring responses from 50 candidates in various elections in the state of Texas. The survey was sent to 482 candidates for federal and state offices that are on the ballot in Texas this November...

7th Circuit Limits Taxpayer Standing In Suit Seeking Restitution From Notre Dame

Posted on October 17, 2008
The U.S. 7th Circuit Court of Appeals in Laskowski v. Spellings, (7th Cir., Oct. 14, 2008) held that federal taxpayers lack standing to sue a private recipient of a federal grant for restitution to the Treasury as a remedy in an otherwise moot Establishment Clause case...

Court Dismisses Church's Challenge To Closure Ordered By Synod

Posted on October 16, 2008
In Evangelical Lutheran Church of the Redeemer v. Southeastern Pennsylvania Synod of the Evangelical Lutheran Church In America, (Phil. Ct. Com Pl., Sept. 22, 2008), a Philadelphia County, Pennsylvania trial court dismissed for lack of subject matter jurisdiction a church's challenge to action taken by its parent body to close down the congregation...

Texas Appoints 3 Anti-Evolutionists To Curriculum Review Panel

Posted on October 16, 2008
Yesterday's Dallas News reports that conservatives on the Texas State Board of Education have appointed three supporters of teaching intelligent design or creationism to a six-member review committee for science curriculum standards in Texas schools. Two of the appointees, Stephen Meyer and Ralph Seelke, have authored the textbook Explore Evolution, distributed by the Discovery Institute...

Consent Decrees In Two Christian Free Speech Cases

Posted on October 16, 2008
The Alliance Defense Fund this week announced settlements in two pending cases. In Swagler v. Harford County, Maryland, (D MD, Oct. 10, 2008), the court issued a consent order in lieu of a preliminary injunction. In it the county agrees not to enforce Harford County Code § 219 in a manner that prohibits the display of hand-held signs in a traditional public forum without a permit...

Saudi Resigns From Municipal Council In Protst Over Eid Festivities

Posted on October 16, 2008
In Saudi Arabia, Abdullah Al-Suwailim, a member of the Riyadh Municipal Council, has resigned in protest over violations of Islamic law that occurred during the city's Eid Al-Fitr celebration this year. Today's Arab News reports that instead of concrete barriers separating families from single men, the two sections were merely separated by 30 meters of open space...

Fair Use Claim Filed In Dispute Over Anti-Muslim Remarks on YouTube

Posted on October 16, 2008
According to the Los Angeles Metropolitan News-Enterprise, last Friday documentary film maker Robert Greenwald's company, Brave New Films (BNF), filed a federal lawsuit against talk radio host Michael Savage and Talk Radio Network (TRN) that syndicates Savage's show...

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