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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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Brazilian Court Orders Withdrawal of Playboy After Priest Complains

Posted on September 01, 2008
In Brazil, a judge has ordered Playboy Brazil to recall its August issue because a photograph in it "hurts the feelings of believers". Brazzil Magazine reported Sunday that the Pela Vida Catholic youth institute and a priest filed a complaint after the recent issue of Playboy sold in the country carried a photograph of actress Carol Castro posing semi-nude with a rosary...


Evangelical Leaders Are Supportive After Palin Says Her Unmarried Daughter Is Pregnant

Posted on September 01, 2008
Within hours after Republican vice-presidential choice Sarah Palin announced that her unmarried 17-year old daughter is pregnant and will marry the father of the child, two leading pro-life religious leaders have issued statements supporting Palin. Dr...


Faith-Based Groups Likely To Be Important After Hurricane Gustav

Posted on August 31, 2008
The Christian Post reports today that faith-based organizations are among those preparing to move into areas that are affected by Hurricane Gustav that is threatening the Louisiana coast. World Vision has pre-positioned supplies as has the Salvation Army...


President Issues Ramadan Greetings To Muslims

Posted on August 31, 2008
On Friday, President Bush issued a Message (full text) sending greetings to Muslims observing Ramadan in the U.S. and around the world. The Message reads in part: I thank the men and women of the Muslim community for their contributions to America. Your love of family, and gratitude to God have strengthened the moral fabric of our country...


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FLDS Church Sues UEP Trustee

Posted on August 31, 2008
According to yesterday's Deseret News, the Fundamentalist LDS church, abandoning its stratgy of non-participation, filed suit on Friday in a Utah court to challenge a default judgment that the court awarded against its leaders in 2007. In 2005, the court took control of the United Effort Plan trust, the trust that held title to property of the FLDS church, after it was alleged that church leaders, including Warren Jeffs, had mismanaged it...


Controversy In Italy Over Museum's Exclusion of Veiled Muslim Woman

Posted on August 31, 2008
In Italy, controversy has broken out over the decision by a museum guard to deny admission to a Muslim woman who was wearing a niqab that left only her eyes visible. Friday's London Times reports that a guard at Venice's Ca Rezzonico invoked security regulations, and politicians have weighed in on both sides of the dispute...


Texas AG Clarifies Authorization for New Bible Courses In Schools

Posted on August 30, 2008
The Texas Attorney General this week issued a long-awaited Opinion (Opinion No. GA-0657, Aug. 28, 2008) on the state's new legislation authorizing courses on the Old and New Testaments' impact on history and literature. (See prior posting.) The question was whether or not schools are required to offer such courses every year...


Court Says No Tax Exemption For Catholic Hospital That Gives Little Charity Care

Posted on August 30, 2008
In Provena Covenant Medical Center v. Department of Revenue of the State of Illinois, (IL Ct. App., Aug. 26, 2008), an Illinois appellate court agreed with the Illinois Department of Revenue that a Catholic Hospital in Urbana (IL) was not entitled to a property tax exemption...


Rabbi In Zoning Dispute With New Jersey Township Over Services In His Home

Posted on August 30, 2008
This week's New Jersey Jewish Standard reports on a zoning dispute in Teaneck (NJ) over the use by a rabbi of his home for religious services. The house was purchased in October 2007 by Etz Chaim of Teaneck which hired Rabbi Daniel Feldman as its leader and rented the house to him...


8th Circuit Interprets Non-Curriculum Group For Purposes of Equal Access

Posted on August 30, 2008
In Straights and Gays for Equality (SAGE) v. Osseo Area Schools, (8th Cir., Aug. 29, 2008), the U.S. 8th Circuit Court of Appeals interpreted the federal Equal Access Act. The statute requires that high schools receiving federal funds must treat all non-curriculum related groups alike in granting access to school premises...


More On Sarah Palin, Her Religion and Her Views On Church-State Issues

Posted on August 30, 2008
Yesterday I reported on information that was initially available about Republican vice-presidential candidate Sarah Palin's religious beliefs and views on church-state issues. In the last 36-hours, many additional pieces of information have been found by bloggers and reporters...


10th Circuit Rejects Claim That Confidentiality Rule Violates Free Exercise

Posted on August 29, 2008
In Kosan v. Utah Department of Corrections, (10th Cir., Aug. 21, 208), the U.S. 10th Circuit Court of Appeals rejected a free exercise claim brought by Vivian Kosan, a counselor formerly employed by the Utah prison system. That portion of the lawsuit stemmed from a letter of warning issued to Kosan by one of her superiors because Kosan had reported unsubstantiated charges of sexual harassment by her supervisor Brandon Burr a religious authority, Burr's LDS Stake President...


California Prisons and Chaplains Deal With Same-Sex Marriage Ruling

Posted on August 29, 2008
AP reported yesterday that California prison officials are trying to determine the impact on prisons and prison chaplains of the California Supreme Court's ruling earlier this year legalizing same-sex marriage. The California Department of Corrections and Rehabilitation, in the midst of drafting new regulations on the subject, has decided that the same rules will apply that govern opposite-sex marriage...


President Proclaims "National Days of Prayer and Remembrance"

Posted on August 29, 2008
Yesterday, President George W. Bush issued a Proclamation (full text) declaring Sept. 5 through 7 as National Days of Prayer and Remembrance in tribute to those who died in the 9-11 attacks. He also asked for prayer the safety and success of members of our Armed Forces...


Religious Events On Thursday At Democratic National Convention

Posted on August 29, 2008
Here is a roundup of the religious events on Thursday's final session of the Democratic National Convention. (Full schedule of religious events.) The convention's second Faith Caucus was held in early afternoon. Scheduled panels, both moderated by Joshua Dubois, the campaign's director of religious affairs, were:(1) "Moral Values Issues Abroad"...


Italian Museum Rejects Call For Removal of Crucifixion Sculpture

Posted on August 29, 2008
Despite protests from the Pope and from a regional government official, an Italian museum has refused to remove a modern art sculpture of a green frog, crucified while holding a beer mug in one hand and an egg in the other. Reuters reported yesterday that the board of Bolzano's Museion by majority vote decided that the sculpture called Zuerst die Fuesse (Feet First) would stay during the remainder of the exhibit of which it is a part-- a retrospective of the art of German artist Martin Kippenberger...


Anti-Christian Violence Continues In Eastern India

Posted on August 29, 2008
Reuters reported yesterday that anti-Christian violence by Hindu mobs in India's eastern state of Orissa continues as Pope Benedict XVI condemned the violence and Italy's foreign ministry said it would summon India's ambassador to demand "incisive action" to end the violence...


In Zoning Case, MI Appellate Court Holds Firm On Equal Protection Determination

Posted on August 29, 2008
On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a Catholic school challenged a township's denial of its request for a zoning variance...


A First Look At Sarah Palin's Religious and Church-State Views

Posted on August 29, 2008
Now that John McCain has picked a little known governor, Sarah Palin, as his vice-presidential choice, what do we know about her views on religion and church-state issues? The Anchorage Daily News gave this some coverage during her 2006 run for governor...


Court Rules On Motions In Church Concert Zoning Case

Posted on August 29, 2008
Church of Universal Love and Music v. Fayette County, 2008 U.S. Dist. LEXIS 65564 (WD PA, Aug. 26, 2008), involves a zoning dispute in which William Pritts and the church he founded are attempting to obtain rezoning or a special exception so his congregation can continue to use property in an agricultural area for religious concerts...


Men Keeping Animals For Santeria Sacrifice Charged With Animal Cruelty

Posted on August 28, 2008
In Greenburgh, New York, a father and son have been charged with animal cruelty under New York's Agriculture and Markets Law after police discovered over 100 animals intended for sacrifice in Santeria religious rituals on their property. Yesterday's Lower Hudson Journal-News reports that the animals included goats, rams, chickens, pigeons, doves, ducks, quail and turtles...


Suit Challenges Promotion of Religion In Florida County Schools

Posted on August 28, 2008
In Pensacola, Florida, the ACLU (press release) has filed a federal lawsuit on behalf of two Santa Rosa County Pace High School students alleging that school officials have used their positions "to persistently and pervasively promote their personal religious beliefs in the public schools and at school events...


Wednesday's Religious Activity At Democratic Convention

Posted on August 28, 2008
Religion Clause each day has been reporting on religious events that have been part of the Democratic National Convention. At the Convention on Wednesday (full schedule), the invocation was given by Archbishop Demetrios, Primate of the Greek Orthodox Church in America...


Presidential Proclamation Includes Praise For Faith-Based Addiction Treatment

Posted on August 28, 2008
Yesterday , President Bush issued a Proclamation (full text) declaring September 2008 as National Alcohol and Drug Addiction Recovery Month. A portion of the Proclamation emphasized the role of faith-based organizations in addiction treatment:Too many of our citizens have been swept up in a cycle of addiction...


Christian Anti-Muslim Group Issues Voter Leadership Guide

Posted on August 28, 2008
A press release yesterday by a group called Truth for Muslims announced that the organization has begun to distribute its 2008 Voter Leadership Guide. John Marion, Project Director said:The Guide informs citizens of what our leaders are saying about Islam...


Fiji Human Rights Commission Says Methodist Conversion Plans Are Unconstitutional

Posted on August 28, 2008
In the South Pacific island nation of Fiji, the Human Rights Commission (press release) has warned that plans by the country's Methodist Church Conference to focus evangelizing efforts on the country's Indian population would violate Fiji's constitution as well as principles of international law...


South African Court Says Church Acted Illegally In Firing Gay Teacher

Posted on August 28, 2008
In South Africa, a Pretoria High Court judge has ruled that a church acted illegally when it fired a music teacher at the church's Art Academy after it found that he was in a homosexual relationship. SABC News today reports that the Court ordered the Nederduitse Gereformeerde Kerk to apologize to Johan Strydom and to pay him damages of 86,000 Rand ($11,000 US)...


Court Rejects Challenge To Massachusetts Abortion Facility Buffer Zone Law

Posted on August 27, 2008
In McCullen v. Coakley, (D MA, Aug. 22, 2008), a Massachusetts federal district court rejected a facial constitutional challenge brought by pro-life "sidewalk counselors" to Massachusetts' recently revised law that creates a 35-foot fixed buffer zone around driveways and entrances of reproductive health care facilities...


Catholic Hierarchy Takes Issue With Peolosi, Biden On Their Pro-Life Views

Posted on August 27, 2008
Fox News reported yesterday that the Catholic Archbishop of Washington, DC, Donald Wuerl has publicly taken issue with remarks about the Church's view on abortion made by House Speaker Nancy Pelosi. On Meet the Press last Sunday, pro-choice Pelosi said the Church's current view that life begins at conception has been Church doctrine for only 50 years or so...


Mega-Church Leader Says IRS Investigation Is Politically Motivated

Posted on August 27, 2008
Rev. Mac Hammond, founder of the mega-church Living Word Christian Center in Minneapolis (MN), has accused the IRS of political motivations in their investigation of him. Tuesday's Minneapolis Star-Tribune reports that Hammond, in a letter to congregants, says that the IRS summons demanding financial information from him is part of "a very clear effort, on a national scale, to discredit, defame and intimidate ministries and preachers of what has been called the 'prosperity gospel...


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