Religion & Law

Russia's Supreme Court Holds Sunday School Need Not Get State License

Posted on June 30, 2008
Forum 18 today reports that Russia's Supreme Court earlier this month issued an important decision protecting religious organizations. In a June 10 opinion, the court reversed a Smolensk Regional Court that had closed down a Methodist congregation for operating a Sunday school without an educational license...

Recently Available Prisoner Free Exercise Cases

Posted on June 30, 2008
In Bennett v. Goord, 2008 U.S. Dist. LEXIS 48925 (WD NY, Jan. 7, 2008), a New York federal magistrate judge recommended dismissal of sex offenders' unusual free exercise claim. Plaintiffs argued that the prison counseling program's requirement that they acknowledge their guilt to avoid losing good time credits violates their free exercise rights by "compelling them to recant the truthful testimony they proffered under oath at their trials, where in they placed their hands on the Bible and swore to tell the truth, will subject them to eternal damnation...

Employer's Proposed Accommodation Found Inadequate In Title VII Case

Posted on June 30, 2008
In Walker v. Alcoa, Inc., 2008 U.S. Dist. LEXIS 45684 (ND IN, June 9, 2008), a Title VII employment discrimination case, an Indiana federal district court held that Alcoa failed to reasonably accommodate a worker who refused to work on Sundays for religious reasons...

Colorado Catholic Bishop Bans Clergy From Giving Political Contributions

Posted on June 29, 2008
The Ft. Collins Coloradoan reports today that Denver Catholic Archbishop Charles J. Chaput will issue a directive this week barring priests and deacons in his diocese from either endorsing political candidates or contributing funds to their campaigns...

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Court Says Religious Handbilling In Park Must Be Permitted

Posted on June 29, 2008
In Apple of His Eye, Inc. v. City of St. Louis, Missouri, (ED MO, June 24, 2008), a Missouri federal district court issued a preliminary injunction preventing enforcement of a city ordinance that prohibits distribution of literature in public parks. The lawsuit was brought by individuals who were prevented from handing out religious literature and expressing their religious beliefs during the 2006 gay pride festival held in St...

Moderate Muslims In India Worry About Growing Radicalism

Posted on June 29, 2008
Today's Washington Post reports on the concern among moderate Muslims in India about the growth of stricter forms of Islam in the country. Many of India's Muslims are Barelvi Sunni who are also followers of Sufism, a movement seen as blasphemous by more traditional Muslims...

Report Says Many Prisoners Claim To Be Jewish To Get Kosher Food

Posted on June 29, 2008
The AP reported Friday on an Idaho prisoner who has been denied kosher food because he has not shown that he is Jewish. The article says that 20,000 inmates nation-wide are claiming to be Jewish without being able to show that this is the case. Gary Friedman, chairman of Jewish Prisoner Services International (JPSI), said that many of these inmates are seeking kosher meals because they offer more variety and are seen as more sanitary...

Origins of "Obama Is A Muslim" Rumor Are Traced

Posted on June 28, 2008
Saturday's Washington Post carries a long article tracing the origins of rumors that Barack Obama is a Muslim. The rumors were spread over the Internet, particularly through chain e-mails. Danielle Allen of the Institute for Advanced Studies, has traced the rumor to an article posted online in 2004 by Andy Martin who, at the time, was attempting to run against Obama for the U...

Trial Court Upholds Constitutionality of Virginia's "Division Statute"

Posted on June 28, 2008
In In re Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., June 27, 2008), a Virginial trial court judge upheld the constitutionality of Virginia's "Division Statute" against Free Exercise, Establishment Clause, Equal Protection and Takings Clause challenges...

US House Passes Resolution Supporting Gospel Music Heritage Month

Posted on June 28, 2008
On June 26, the House of Representatives passed by voice vote H. Con. Res. 370: Expressing Support for Designation of September 2008 as "Gospel Music Heritage Month". In its ten paragraphs extolling gospel music, the only mention of the religious nature of the genre is a paragraph that traces the history of gospel music to "multiple and diverse influences and foundations, including African-American spirituals ...

Texas High Court Says Exorcism Claims Entangle Court in Religious Dispute

Posted on June 28, 2008
In Pleasant Glade Assembly of God v. Schubert, (TX Sup. Ct., June 27, 2008), in a 6-3 decision, the Texas Supreme Court yesterday rejected a lower court's award of damages to young woman for false imprisonment and assault by the senior pastor, youth minister and several members of an Assembly of Gods Church...

President Speaks At National Hispanic Prayer Breakfast

Posted on June 27, 2008
Yesterday the President attended the National Hispanic Prayer Breakfast. In remarks (full text) he said: "Each of you here this morning is here to celebrate a simple and powerful act -- prayer to an Almighty God. You know the comfort that comes from placing our worries in the hands of a higher power...

9th Circuit Rules In Favor of Egyptian Coptics Seeking Asylum

Posted on June 27, 2008
In Morgan v. Mukasey, (9th Cir., June 25, 2008), the U.S. 9th Circuit Court of Appeals reversed a decision by the Board of Immigration Appeals that had denied asylum to an Egyptian Coptic Christian couple and their three children. The immigration judge in the case found that the couple's testimony about their mistreatment in Egypt lacked credibility...

Britain Says Security Measures Limited By Muslim Religious Sensitivities

Posted on June 27, 2008
Today's London's Daily Express discusses a report issued by Britain's Department of Transport on experiments with security alternatives at Tube stations. Concluding that airport style screening is not feasible, the report urges reliance on sniffer dogs and x-ray, but says that use of these is constrained by religious sensitivities of Muslim passengers...

White House Hosts Conference On Faith-Based Initiative

Posted on June 27, 2008
Yesterday and today the White House is hosting the "Innovations in Effective Compassion" National Conference, a meeting of over 1000 people interested in the federal Faith Based and Community Initiatives. In anticipation of the conference, OFBCI director, Jay Hein, held a press briefing (full text)...

Muslim Physicist Files Suit Charging Energy Department With Discrimination

Posted on June 27, 2008
In Pittsburgh, (PA) yesterday, nuclear physicist Dr. Moniem El-Ganayni filed suit in federal district court charging the U.S. Department of Energy with religious discrimination in its suspension of his security clearance last December. The suspension cost El-Ganayni his job with Bettis Laboratory where he had worked since 1990...

WI High Court Rules on Limitations Issues In Clergy Child Sex Abuse Case

Posted on June 27, 2008
In State of Wisconsin v. MacArthur, (WI Sup. Ct., June 26, 2008), a clergy child sexual abuse case, the Wisconsin Supreme Court held that sexual assault cases that occurred before 1989 are covered by the 6-year statute of limitations then in effect. It also held that the judge in a pretrial proceeding, not the jury at trial, decides whether the statute was tolled because the defendant was not a public resident of the state...

Justice Official Awarded Grant To Former

Posted on June 26, 2008
ABC News reported on Tuesday that the Department of Justice, under pressure from two senior Bush administration appointees, awarded a $1.2 million grant to an evangelical group and its consultant, a former White House official in the Office of Faith Based and Community Initiatives...

NY High Court Finds No Fiduciary Breach In Rabbi's Affair With Congregant

Posted on June 26, 2008
In Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, (NY Ct. App., June 25, 2008), New York's high court rejected a breach of fiduciary duty claim asserted against a well known Orthodox rabbi by a woman with whom he had a 3 1/2 year sexual relationship...

Group Challenges July 4 Religious Broadcast Interview With Army General

Posted on June 26, 2008
Yesterday's Kansas City Star reported that the Military Religious Freedom Foundation is objecting to a portion of a program scheduled to be re-broadcast on July 4 and 5 on the Trinity Broadcasting Network. MRFF says that 20 minutes of the 2-hour "Red, White and Blue Spectacular" starring Christian singer and evangelist Carman may violate a prohibition against uniformed military officers endorsing specific religions...

Borough To Sue Churches Over Cemetery Upkeep

Posted on June 26, 2008
The Borough Council in Palmyra, Pennsylvania voted Monday night to file suit in Lebanon County (PA) Court against two local churches in order to determine who is responsible for the upkeep of a local cemetery. The Harrisburg (PA) Patriot-News yesterday reported that Palm Lutheran Church and Trinity United Church of Christ, congregations that cared for the cemetery for 140 years, now disclaim ownership and say the borough should care for the cemetery that contains about 1,000 graves.

Court Hears Arguments on Restraining Order Barring Boy From Services

Posted on June 26, 2008
In Todd County Minnesota District Court, a hearing was held on Tuesday on a temporary restraining order that had been obtained by St. Joseph?s Catholic Church in Bertha (MN) to prevent congregant Carol Race from bringing her severely autistic 13-year-old son to church for Mass...

ACLU Presses Naval Academy on Mealtime Prayer

Posted on June 26, 2008
Today's Baltimore Sun reports that the ACLU of Maryland is renewing pressure on the U.S. Naval Academy to end its long-standing practice of having one of its chaplains lead prayer before midshipmen eat their noon meal. Students stand at parade rest, and are asked (but not required) to bow their heads during the prayer...

Tajikistan's Last Synagogue Destroyed In Urban Renewal Project

Posted on June 26, 2008
Truth News and Forum 18 this week both report on the destruction in Dushanbe, Tajikistan of the country's only remaining synagogue. This culminated legal steps begun in 2003 to clear land for construction of a new presidential complex, the Palace of the Nation...

Bush Meets With Vietnames Prime Minister; Discusses Religious Freedom

Posted on June 25, 2008
President George W. Bush met at the White House yesterday with visiting Vietnamese Prime Minister Nguyen Tan Dung. In remarks (full text) after their meeting in the Oval Office, Bush said in part: "We talked about freedom -- religious and political freedom, and I told the Prime Minister that I thought the strides that the government is making toward religious freedom is noteworthy...

County Seeks State Department Views On Saudi Academy

Posted on June 25, 2008
The Fairfax County (VA) Board of Supervisors has voted to renew the lease of a former county high school building for another year to the controversial Saudi Academy, but subject to State Department approval. On Tuesday, NBC4 and the Washington Post reported that in a letter to Secretary of State Condoleezza Rice, the Board wrote: "As a local governmental entity, Fairfax County is not capable of determining whether textbooks, written in Arabic, contain language that promotes violence or religious intolerance, or is otherwise offensive to the interests of the United States...

Lawsuit Challenges Georgia Restrictions On Sex Offenders As Church Volunteers

Posted on June 25, 2008
The Southern Center for Human Rights filed a federal lawsuit yesterday seeking a preliminary injunction to prevent implementation of an amendment to Georgia's sex offender law (GCA 42-1-15) scheduled to take effect July 1. The new law prohibits anyone required to register as a sex offender from volunteering at any church (in addition to the previously enacted ban on church employment of such individuals)...

NJ Court Says Charitable Immunity Bars Slip & Fall Suit By Mother of Member

Posted on June 25, 2008
In Patterson v. Liberty Corner Presbyterian Church, (NJ App., June 24, 2008), the New Jersey Superior Court Appellate Division decided that the state's charitable immunity statute protects a church against a lawsuit by a non-member whose 17-year old son was a member and regularly attended Bible study at the church...

Amici File Briefs In "Seven Aphorisms" Case

Posted on June 25, 2008
In the past week, around a dozen amicus briefs have been filed with the U.S. Supreme Court in the case of Pleasant Grove City, UT v. Summum. (Links to full text of mpst of the briefs.) In the case, the 10th Circuit held that members of the Summum faith could put up a monument of their Seven Aphorisms in a city park that already featured a number of historical displays as well as a 10 Commandments monument donated by the Fraternal Order of Eagles...

Dobson Sharply Attacks 2006 Obama Speech

Posted on June 25, 2008
Yesterday, according to CNN, evangelical leader James Dobson used his radio show to sharply attack a speech made two years ago by Barack Obama. At issue was Obama's keynote address to the liberal Christian group Call to Renewal. (Full text of address...

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