Religion & Law

Obama Denounces His Pastor As Religion Continues Importance In Campaign

Posted on April 30, 2008
Religion has played an unusually important role in the 2008 presidential primaries for many months. In the latest illustration of this, yesterday Barack Obama held a press conference (full transcript) denouncing remarks made at the National Press Club on Monday (transcript) by his long-time pastor Jeremiah Wright...

School District Sued For Permitting Free Use of Buildings By Religious Groups

Posted on April 30, 2008
The Freedom from Religion Foundation has filed suit (press release) against the Rio (WI) Community School District and the Wisconsin state Superintendent of Public Instruction challenging the Rio district's policy of allowing all local non-profit groups to use school buildings after school hours free of charge...

Canadian Christian Social Service Agency Barred From Enforcing Lifestyle Code

Posted on April 30, 2008
In Heintz v. Christian Horizons, 2008 HRTO 22 (April 15, 2008), the Ontario Human Rights Tribunal held that a non-profit group, Christian Horizons, is not entitled to an exemption from the sexual orientation non-discrimination provisions of the Ontario Human Rights Code...

Cardinal Says Giuliani Should Not Have Received Communion During Pope's Visit

Posted on April 30, 2008
New York's Cardinal Edward Egan says that former New York Mayor Rudy Giuliani should not have received Holy Communion during the Pope Benedict XVI's recent visit to the U.S. Yesterday's Washington Post reports that Egan had "an understanding" with Giuliani that he was not to receive the Eucharist because of Giuliani's support of abortion rights.

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Belarus Petitioners Fined Under Legislative Initiative Law

Posted on April 30, 2008
In Belarus, according to Forum 18 yesterday, three organizers of a mass petition calling for liberalization of the country's 2002 Law on Religion have been fined for violating the the 2003 Law on the Realisation of Legislative Initiatives by Citizens...

President Proclaims May As Jewish American Heritage Month

Posted on April 30, 2008
Yesterday President George W. Bush issued a Proclamation (full text) declaring May 2008 as Jewish American Heritage Month. The Proclamation says that the month creates an "opportunity to celebrate the history, culture, and faith of Jewish Americans and their contributions to our Nation...

Recent Scholarly Articles and Movies of Interest

Posted on April 30, 2008
From SSRN:David N. Wagner, Religion and State: An Ecclesiological Perspective, (April 26, 2008).Patrick McKinley Brennan, "What's the Matter with You Catholics?" Soundings in Catholic Social Thought: "Traditions in Turmoil" by Mary Ann Glendon, (Journal of Law, Philosophy and Culture, Vol...

7th Circuit Upholds RLUIPA Claim; Concurrence Criticizes RLUIPA

Posted on April 29, 2008
Last week, the U.S. Seventh Circuit Court of Appeals ruled in favor of a former prisoner in a RLUIPA case that is most interesting for the concurring opinion it generated. In Koger v. Bryan, (7th Cir., April 24, 2008), the court held that a former prisoner's claim based on the denial of his request for a vegetarian diet substantially burdened the prisoner's religious exercise...

Florida Chambers Pass Competing Bills On Teaching of Evolution

Posted on April 29, 2008
In February, Florida's State Board of Education adopted science teaching standards calling specifically for the teaching of evolution. (See prior posting.) Yesterday's St. Petersburg Times reports that attempts by the state legislature to respond to these standards may fail because the House and Senate have passed competing bills...

Malaysia Agency Rejects Prime Minister's Proposal On Conversions

Posted on April 29, 2008
In Malaysia, the government's Islamic Development Department must approve any administrative rule changes relating to Islam. Today's International Herald Tribune reports that the Department has rejected a proposal by the Prime Minister that would have required non-Muslims converting to Islam to notify their families in writing ahead of time...

Recently Available Prisoner Free Exercise Cases

Posted on April 29, 2008
In Graham v. Mahmood, 2008 U.S. Dist. LEXIS 33954 (SDNY, April 23, 2008), a New York federal district court dismissed claims under the First and 14th Amendments and RLUIPA brought by an inmate who was a follower of the Nation of Islam. Plaintiff alleged that NOI was disfavored in comparison to Sunni Muslims in access to prison meeting and office space...

Convicted Murderer Waives Appeals Partly for Religious Reasons

Posted on April 29, 2008
In Hill v. State of South Carolina, (SC Sup. Ct., April 28, 2008), the South Carolina Supreme Court upheld the right of convicted murderer David Hill to waive his right to further review and have his death sentence carried out. In explaining his decision to forgo further appeals, Hill discussed his father's health and his own, but also said: "part of my religious beliefs are that if you kill somebody, you shed somebody else?s blood, that your blood has to be shed or you have to die in order to be forgiven for that...

British Catholic Adoption Agency Becomes Secular To Avoid Gay Adoption Mandate

Posted on April 29, 2008
In Britain, the Bishop of Nottingham announced yesterday that the Catholic Children's Society adoption agency will become a secular agency by merging with the adoption agency of the Anglican Diocese of Southwell and Nottingham. Total Catholic.com reported that the decision was taken because the agency could not, consistent with Catholic teachings, comply with Britain's Equality Act (Sexual Orientation) Regulations 2007 that would have required the Catholic agency to sometimes place children for adoption with same-sex couples...

9th Circuit Says School Can Require Relgious Clubs Be Open To All

Posted on April 28, 2008
In Truth v. Kent School District, (9th Cir., April 25, 2008), the U.S. 9th Circuit Court of Appeals held that a Washington state school district did not violate either the federal Equal Access Act nor the First Amendment when it applied its non-discrimination policy to "Truth", a Bible study club seeking recognition as a student group...

Florida Commission Approves Constitutional Proposal For School Vouchers

Posted on April 28, 2008
After some apparently complicated bargaining, the Florida Taxation and Budget Commission on Friday reversed an earlier vote and agreed to place on Florida's November ballot a proposed state constitutional amendment that is designed to overrule a state supreme court decision striking down school vouchers...

Supreme Court Upholds Indiana Voter ID Law, But Majority Question Burden on Religious Objectors

Posted on April 28, 2008
Today in Crawford v. Marion County Election Board, (S.Ct., April 28, 2008), the U.S. Supreme Court by a vote of 6-3 upheld Indiana's voter identification law against a facial constitutional attack. Much of the challenge to the law focused on the burdens the law imposes on eligible voters who do not have a valid voter ID, including those with religious objections to being photographed...

Fellowship of Christian Athletes Sues Middle School After Field Trip Denial

Posted on April 28, 2008
Louisiana's Calcasieu Parish School Board has a policy permitting student clubs to apply for approval to take field trips with transportation provided on school buses. Last week, a Lake Charles (LA) middle school student who is chaplain of the school's Fellowship of Christian Athletes (FCA) filed suit in federal court challenging the school's denial of an application for FCA to use a school bus for a field trip to a "Just for Jesus" event...

Indian State Implements Anti-Conversion Law

Posted on April 28, 2008
Saturday's Times of India reports that the Indian state of Gujarat has finally issued rules implementing its Freedom of Religion Act, 2003. The rules have been published in the Gujarat Government Gazette and came into effect on April 1. Clergy seeking to convert a person from another religion must first obtain permission from the district magistrate by filing a form setting out detailed personal information on the convert, including whether the person is a minor or a member of a Scheduled Caste...

FLDS Mothers Unsuccessful So Far In Seeking Return of Children

Posted on April 27, 2008
Interesting legal developments continue to transpire in the case of 462 children taken into custody by the state of Texas after authorities raided the FLDS ranch in Eldorado, Texas earlier this month. (Timeline of events.) Several of them were reported Saturday by Austin's KeyeTV News...

Birminghm, AL Mayor Holds Sackcloth and Ashes Prayer Rally to Fight Crime

Posted on April 27, 2008
In Birmingham, Alabama on Friday night, more than 1000 people gathered at Mayor Larry Langford's "sackcloth and ashes" prayer rally called to fight the worsening homicide rate in the city. The AP and the Birmingham News reported on the rally that featured prayers for forgiveness and sermons calling for the city to repent...

Florida Court Rejects Religious Defense To Unlicensed Midwifery Charges

Posted on April 27, 2008
In McGlade v. State of Florida, (FL Ct. App., April 25, 2008), a Florida state appellate court rejected a claim by two defendants accused of practicing midwifery without a license that the jury should have been instructed on their free exercise of religion defense...

Japanese Man Charged For Dumping Buddhist Altar Beside Expressway

Posted on April 27, 2008
In the Japanese city of Komaki, Aichi, a man has been charged by police with violating the city's Waste Disposal Management Law after he dumped a Buddhist altar on the side of the Meishin Expressway. Mainichi Daily News reported on Saturday that the man received the altar as a gift from a friend who encouraged him to become more religious...

Episcopal Church Sues For Property of Break-Away California Diocese

Posted on April 27, 2008
The flood of lawsuits by the Episcopal Church against break-away congregations continues. Last week, the Episcopal Diocese of San Joaquin, California and The Episcopal Church filed suit (press release) to reclaim control of the property of congregations within the Diocese after most of them voted to follow John-David Schofield, the former bishop of the Diocese, in affiliating with the more conservative House of Bishops of the Southern Cone...

Today is "Day of Silence"; 7th Circuit Allows "Day of Truth" T-Shirt

Posted on April 25, 2008
Today is the 12th annual National Day of Silence sponsored by the Gay, Lesbian and Straight Education Network (GLSEN). A GLSEN news release says that students at 6,000 middle and high schools across the country are scheduled to participate in the event designed to call attention to bullying and harassment in schools directed at gay, lesbian, bisexual and transgender students...

White House Holds Summit On Faith-Based Inner-City Schools

Posted on April 25, 2008
Yesterday the White House sponsored a Summit on Inner-City Children and Faith-Based Schools. The Agenda included panels on the role of faith-based schools, practical realities, community solutions and policy options. President Bush delivered a long address (full text) to conference participants...

Pelosi Challenged On Her Earth Day Biblical Quote

Posted on April 25, 2008
Last Monday, U.S. House Speaker Nancy Pelosi released a statement (full text) marking Earth Day. It said in part: "The Bible tells us in the Old Testament, 'To minister to the needs of God's creation is an act of worship. To ignore those needs is to dishonor the God who made us...

Florida Considering An "I Believe" Specialty Plate

Posted on April 25, 2008
Florida's legislature is carrying the debate over specialty license plates to a new level. It is considering a bill that would authorize a number of new specialty plates, including one reading "I Believe" and featuring a Christian cross and a stained glass window...

Rep. Myrick Proposes Measures Against Radical Islam

Posted on April 25, 2008
Last week, U.S. Rep. Sue Myrick from North Carolina issued a release unveiling her 10-point "Wake Up America" agenda. As reported yesterday by World Net Daily, she is calling for a government investigation of all military and U.S. prison chaplains who were approved by Abdurahman Alamoudi when he headed the American Muslim Council...

Jury Finds For Church In $3.7M RLUIPA Verdict

Posted on April 25, 2008
In Reaching Hearts International Inc. v. Prince George?s County, a Maryland federal court jury has awarded $3.7 million in damages to a Seventh Day Adventist congregation that was prevented by the county from building a church on land the congregation had purchased...

Utah Supreme Court Rejects Mission's Zoning Challenge On Procedural Grounds

Posted on April 25, 2008
In Salt Lake City Mission v. Salt Lake City, (UT Sup. Ct., April 22, 2008), the Utah Supreme Court rejected claims by a Mission that serves the homeless and addicts that its religious freedom was infringed when Salt Lake City prevented it from applying for conditional use permits for four locations and denied a permit for a fifth location...

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