Religion & Law

McCain Describes Purim Incorrectly

Posted on March 21, 2008
Today is the Jewish holiday of Purim. Yesterday MSNBC reported that Sen. John McCain, on a Congressional trip to Israel, incorrectly described the holiday as the Jewish version of Halloween. The gaffe came in a news conference after touring the Israeli city of Sderot to view buildings damaged by Hamas rocket fire...

Schools Opening On Good Friday Creates Problems

Posted on March 21, 2008
Hillsborough County, Florida schools this year for the first time went onto a calendar that recognizes no religious holidays. School officials are concerned that up to 20% of teachers and school bus drivers will use one of their personal days today to take off for Good Friday-- as well as for a break after two weeks of state testing...

Blogswarm For Church-State Separation Is Promoted For Easter Weekend

Posted on March 21, 2008
This Easter weekend, Blog Against Theocracy is promoting a "blogswarm" to promote separation of church and state. It is asking all bloggers to compose their own posts in support of the Constitutional principle of separation. Links to these posts will then be aggregated at Blog Against Theocracy.

Exclusion of Faith Based Charities From Iowa "One Gift" Program Challenged

Posted on March 21, 2008
An Alliance Defense Fund release reports that on Wednesday, the Association of Faith-Based Organizations filed suit in an Iowa federal district court challenging the exclusion of faith-based organizations from Iowa's "One Gift" program. The program allows state employees to donate by payroll deduction to any of over 400 participating charities...

To access this complete feed in the blog feed reader login or register for free.

Plaintiff Seeks Recusal of Catholic Judge In Priest Abuse Trial

Posted on March 21, 2008
In Toledo, Ohio, the attorney for plaintiff in a bizarre priest sexual abuse case is seeking voluntary removal of Judge Ruth Franks from the case because she "may not be able to separate her immutable Catholic upbringing from the claims asserted." Yesterday's Toledo Blade reported on the civil case in which an anonymous plaintiff alleges that, beginning in 1968, she was repeatedly raped and tortured in Satanic rituals by abusers wearing nuns' habits ...

Texas AG Says Court Must Resolve Conflicts Between Injunction and New Law

Posted on March 21, 2008
In 1970, a Texas federal district court enjoined the Houston school district from permitting Bible reading or prayer as part of any school practice, ceremony, observance, exercise or routine. In 2007, the Texas legislature passed the Schoolchildrens' Religious Liberties Act (SRLA), also known as the Religious Viewpoints Antidiscrimination Act...

Freedom of Religion In India Becomes Issue This Week

Posted on March 21, 2008
Religious freedom in India has been the focus in two areas this week. United Nations Human Rights Council Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, held a press conference yesterday (full text) at the conclusion of her 17-day visit to the country...

New Bin Laden Message Focuses On European Publication of Muhammad Drawings

Posted on March 20, 2008
Yesterday, a new message from Osama bin Laden was released on a militant website that has carried his statements in the past. It coincided with the fifth anniversary of the beginning of the war in Iraq. This time the message focused on "insulting drawings" of the Prophet Muhammad that were first published in a Danish newspaper, and then elsewhere...

4th Circuit Panel Hears City Council Prayer Arguments-- O'Connor on Panel

Posted on March 20, 2008
Yesterday the U.S. 4th Circuit Court of Appeals heard oral arguments in Turner v. City Council of the City of Fredericksburg. The district court in its decision (full text) dismissed the claim by city council member Hashmel Turner that his First Amendment rights were violated when he was not permitted to offer a specifically Christian opening prayer at Fredricksburg (VA) city council meetings...

Challenge To Illinois Moment of Silence Law Becomes Class Action

Posted on March 20, 2008
Last November, an Illinois federal district court issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior posting.) Now according to yesterday's Chicago Tribune, federal district Judge Robert Gettleman has agreed that the suit may be converted into a class action against school districts around the state on behalf of students statewide...

Defamation Claim Against Priest Dismissed; Emotional Distress Claim Can Go On

Posted on March 20, 2008
A McHenry County, Illinois trial court judge has dismissed a defamation claim brought against Catholic priest Luis Alfredo Rios by Angel Llavona, one of his parishioners, according to yesterday's Chicago Daily Herald. Llavona alleged that the priest's criticism of his work with the church's religious education program harmed his reputation as a teacher at Maine West High School in Des Plaines...

Does Church Flag At Town Council Create Establishment Problem?

Posted on March 20, 2008
The Kirkersville, Ohio Village Council holds meetings in a building that was formerly a church. Crossway Community Church still rents space to hold services in the building. This week's edition of the Buckeye Lake Beacon reports that a former Village Council member criticized Council for failing to remove the church's flag after the church finished using the room...

Abuse Victim Loses Case on Limitations, Scope of Employment Determinations

Posted on March 20, 2008
In Schmidt v. Archdiocese of Portland in Oregon, (OR Ct. App., March 19, 2008), an Oregon state appellate court in a 2-1 decision held that one Catholic priest's conduct did not amount to "child abuse" so that an extended statute of limitations did not apply...

Suit Threatened Over Who Can Use City Space For National Day of Prayer

Posted on March 20, 2008
In Plano, Texas, City Council faces a possible lawsuit over who gets to use Council Chambers for this year's May 1 National Day of Prayer event. Today's Dallas Morning News reports that Roy Frady of Plano's WillowCreek Fellowship Church has been frozen out...

Saudi Arabia Revises Controversial Textbooks

Posted on March 20, 2008
Today's Yemen Times reports that Saudi Arabia has reacted to widespread criticism of the textbooks used in its schools. After 9-11, critics contended that Saudi textbooks furthered a militant Islamist approach and glorified violence against Jews. Now the Saudi education ministry has issued new books, and made them fully available on the Internet...

Saudi Appellate Court Orders Retrial of Religious Police Defendants

Posted on March 19, 2008
Today's International Herald Tribune reports that in Saudi Arabia, the Cassation Court has overturned a not guilty verdict entered by a lower court against two members of the country's religious police force. The two had been accused in the death of Sulaiman al-Huraisi, a security guard who died in custody of the Commission for the Propagation of Virtue and the Prevention of Vice after its raid on al-Huraisi's home looking for alcohol and drugs...

Court Says California Lacks Standing To Challenge Federal Weldon Amendment

Posted on March 19, 2008
The federal Weldon Amendment (background) denies federal funds to state and local governments if they discriminate against health care entities that refuse to provide abortions. California law requires emergency health care facilities to provide medically necessary abortions...

HHS Secretary Criticizes Medical Board's Abortion Rights Position

Posted on March 19, 2008
Last Friday, U.S. Health and Human Services Director Mike Leavitt sent a letter (full text) to the American Board of Obstetrics and Gynecology objecting to its apparent policy of requiring physicians who wish to maintain their Board certification to comply with ethics rules of the American College of Obstetricians and Gynecologists (ACOG)...

Illinois Pharmacy Rules Argued Before State Supreme Court

Posted on March 19, 2008
Yesterday, the Illinois Supreme Court heard oral arguments in Morr-Fitz v. Blagojevich. In the case, a state appellate court had dismissed on justiciability grounds a challenge to State Pharmacy Board rules requiring drug stores to fill prescriptions for the "morning-after" pill, even where doing so violates a pharmacist's religious or moral beliefs...

White House Easter Egg Roll Scheduled

Posted on March 19, 2008
The White House has announced that its annual Easter Egg Roll will be held on Monday, March 24. The National Park Service is distributing free tickets on a first-come-first-served basis. The White House has also announced the scheduled entertainment for the event...

Bishops' Blog Covers U.S. Papal Visit

Posted on March 18, 2008
The United States Conference of Bishops has created the USCCB's Papal Visit Blog, a new blog devoted to Pope Benedict XVI's six-day visit to the United States next month. Reporting on the blog, the Washington Post says: "No gossipy or scandalous entries...

Historic Vatican-Saudi Talks Explore Opening Church in Saudi Arabia

Posted on March 18, 2008
Yesterday's London Times reported that the Vatican is holding talks with Saudi Arabian authorities discussing the possibility of opening the first Roman Catholic church in Saudi Arabia. This became known the day after Qatar's first Catholic Church opened with an inaugural service attended by 15,000...

Wisconsin Village's Cross Display Is Questioned

Posted on March 18, 2008
The village of Holmen, Wisconsin finds itself in the midst of a church-state dispute according to yesterday's Holmen Courier. In 1960, a lighted star and cross were put up on Star Hill, then private property, with the cost of the display spit between the village and the Lion's Club...

Cert. Denied In Appeal of Injunction Against Disrupting Church Services

Posted on March 18, 2008
Yesterday the U.S. Supreme Court denied certiorari in Lady Cage-Barile v. Church of Christ in Hollywood, (Docket No. 07-8742) (Order List). In the case below, found at 2007 Cal. App. Unpub. LEXIS 6164 (CA Ct. App., 2007), the California Court of Appeals refused to dissolve an injunction that had been previously issued to prevent Lady Cage-Barile from entering the property of the Church of Christ in Hollywood, tearing down Church literature or disrupting services by profane language or unnecessary noise...

New York Town Wants State To Pay for Prosecutions of Amish

Posted on March 18, 2008
In Morristown, New York, members of the town council have written newspapers urging the state to help pay for the town's prosecution of ten members of the conservative Swartzentruber Amish sect for building homes without a permit. Today's Watertown Daily Times reports that town officials say they are bearing the cost of a test case for enforcing state law...

Iraqi Youth Becoming Skeptical of Religion

Posted on March 18, 2008
Today's Seattle Times, carrying an article published earlier this month in the New York Times, reports that Iraqi youth are becoming disenchanted with religion. Religious restrictions on their lives and religious violence have led at least some young people to reject Islam, a trend that runs counter to developments elsewhere in the Middle East...

Obama Speaks Out On His Pastor's Views and On U.S. Race Relations

Posted on March 18, 2008
In a speech this morning, Presidential hopeful Sen. Barack Obama addressed the controversy over inflammatory rhetoric used in sermons by his long-time pastor, Rev. Jeremiah Wright. As reported by Reuters today, Obama already has denounced Wright's comments, describing Wright as an "old uncle" to him...

Student At Center of Classic Released Time Case Reminisces

Posted on March 17, 2008
Last week marked the 60th anniversary of the U.S. Supreme Court's decision in McCollum vs. Board of Education which struck down a released time program for religious education in the Champaign, Illinois public schools. Today's Tennessean reports on a talk given Sunday by 70-year old James McCollum, the student who was at the center of the 1948 case...

Battles Over Secularism In Turkey Lead To Indictment of Top Leaders

Posted on March 17, 2008
The struggle between religious and secularist forces in Turkey has reached a new level. According to today's Turkish Daily News, the country's chief prosecutor has filed a 162-page indictment against the ruling Justice and Development Party (AKP), charging it with trying to turn Turkey into an Islamic state...

Recent Articles and Books of Interest

Posted on March 17, 2008
From SSRN:Robert A. Kahn, Hate Speech and National Identity: The Case of the United States and Canada, (U of St. Thomas Legal Studies Research Paper No. 08-02, 2008).Martin H. Belsky, Alan Dershowitz: The Advocate and Scholar as Jew; the Jew as Advocate and Scholar, (Albany Law Review, 2008)...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.