Religion & Law

Afghan Clerics Want Ban On Indian TV Soap Operas

Posted on March 07, 2008
ANI reported yesterday that in Afghanistan, the Islamic Council of Scholars is demanding that the government ban popular Indian soap operas being shown on Afghan TV channels (dubbed in the local Dari language). They argue that the shows encourage idol worship, even though Hindu images are pixelated and worship scenes have been cut...

California Hospital Issues Veiled Apology To Transgender Patient

Posted on March 06, 2008
Catholic News Agency reported on Tuesday that a Daly City, California Catholic hospital which is being sued for refusing to allow gender reassignment surgery has issued a "veiled apology" to the patient. (See prior related posting.) While still claiming that Catholic teaching prohibits it from accommodating the breast augmentation surgery sought by Charlene Hastings, last week the hospital issued a written statement saying: "We regret any confusion that may have come from this situation...

Fayetteville Veterans' Hospital Chaplain Speaks Out On Chapel Controversy

Posted on March 06, 2008
Archie Barringer, head chaplain at the Veterans' Administration Hospital in Fayetteville, NC, is finally speaking out on the controversy surrounding the hospital's chapel now that his early retirement has been approved. Last year, hospital officials interpreted VA neutrality requirements to mean that the Bible and cross in the chapel needed to be removed when Christian religious services were not in progress...

Wisconsin D.A. Resisting Enforcement of Premise Registration For Amish

Posted on March 06, 2008
The District Attorney in Clark County, Wisconsin is questioning a request by the state's Department of Agriculture, Trade and Consumer Protection that he force the county's Old Order Amish to register their farms under the state's Premises Registration Act...

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Clergy Privilege Scope At Issue In Molestation Prosecution

Posted on March 06, 2008
A child molestation case in Riverside County, California is testing the reach of California's privilege for communications with clergy. Yesterday's Riverside Press-Enterprise reports that prosecutors want two elders in a Jehovah's Witnesses congregation to testify about statements made to them by Gilbert Simental, who is charged with molesting two of his daughter's friends...

Soldier Says Promotion Was Blocked Because of Earlier Free Exercise Claims

Posted on March 06, 2008
Last September, Spc. Jeremy Hall filed a lawsuit against the military claiming he was threatened by an Army major for holding a meeting of non-Christians and atheists in Iraq. (See prior posting.) The lawsuit was refiled yesterday in a Kansas federal court with an added claim that Hall's promotion was blocked in retaliation for filing the original lawsuit...

Odessa, Texas Bible Curriculum Lawsuit Settled

Posted on March 06, 2008
The ACLU announced yesterday that a settlement has been reached in a 2007 lawsuit challenging a course in The Bible in History and Literature offered by two Odessa, Texas schools. (See prior posting.) According to the ACLU's release, the current curriculum calls for "true" and "false" answers on matters of religious faith, and asks students to memorize Bible passages and discuss their impact on their lives...

Court Rejects Establishment Clause Attack on "Good Samaritan" Requirement

Posted on March 06, 2008
The Texas Transportation Code, Sec. 550.023 provides that the operator of a vehicle involved in an accident must stop and provide reasonable assistance to any person injured in the accident. In Guerra v. Texas, (TX 4th Dist. Ct. App., March 5, 2008), a Texas state appellate court rejected a claim that this provision violates the Establishment Clause...

House of Lords Votes To Repeal Blasphemy Law; Refuses Appeal In Blasphemy Case

Posted on March 06, 2008
Britain's House of Lords yesterday voted 148-87 to add an amendment to a pending criminal justice bill to repeal Britain's existing blasphemy law. The bill must now go back to the House of Commons for approval. Yesterday's Los Angeles Times reported that the vote was preceded by "a wrenching, two-hour debate...

Maryland Town Debates Policy of Free Water To Churches

Posted on March 05, 2008
Yesterday's Baltimore Sun reports that Mount Airy (MD) Town Council is debating whether to modify its current policy of providing free municipal water service to churches and other non-profit organizations. A proposed resolution would set criteria for entitlement to the exemption from water charges...

Harvard Accommodates Muslim Women In Setting Gym Hours

Posted on March 05, 2008
The AP yesterday reported that Harvard University has taken a step to accommodate Muslim women by setting setting six hours a week as women-only hours at one of its gyms. The policy-- which applies to only one of the university's less-used gyms-- is controversial even among some women on campus...

Illinois House Votes To Eliminate Mandatory Moment of Silence In Schools

Posted on March 05, 2008
The Illinois House of Representatives yesterday voted to reverse its action of less than a year ago. (See prior posting). By a vote of 72-31 it approved, and sent to the Senate, H.B. 4180 that would make a moment of silence optional instead of mandatory in Illinois schools...

Minnesota City Rejects Bond Issuance For Christian School

Posted on March 05, 2008
The Edina, Minnesota City council on Monday voted 4-1 against approving the issuance of tax-exempt bonds to help a Christian elementary school expand its building. the Minneapolis Star Tribune reports that the vote follows a letter from the ACLU that urged rejection of the proposal on church-state grounds...

Vatican To Honor Galileo With Statue

Posted on March 05, 2008
Yesterday's London Times reported that the Vatican is attempting to complete its rehabilitation of 17th century scientist Galileo Galilei who was forced by the Church to recant his view that the earth revolves around the sun. Coinciding with next year's celebration of the 400th anniversary of Galileo's development of the telescope, the Vatican will erect a statue of him inside the Vatican walls...

Obama Cites Sermon on Mount In Support of Civil Unions

Posted on March 05, 2008
Yesterday's Christian Post reports that Sen. Barack Obama created some consternation among evangelicals while campaigning in Ohio last Sunday. He cited Jesus' Sermon on the Mount to back his support for gay civil unions. Responding to a question from a local pastor, Obama said: "I believe in civil unions that allow a same-sex couple to visit each other in a hospital or transfer property to each other...

Turkish Court Rules That Religion Classes Are Not Compulsory

Posted on March 04, 2008
Turkey's Council of State ruled yesterday that students may be excused from religion courses as they are currently offered in Turkey's schools. Today's Zaman reports on the court's ruling in a case brought by the father of a seventh grader. Explaining the ruling, the 8th Chamber of the Council of State said: "It is stated in Article 24 of the Constitution that primary, secondary and high school students are obliged to attend classes on religion, culture and morality...

Ohio Muslims Tend To Support Obama In Primary

Posted on March 04, 2008
As a crucial Presidential primaries are held in Ohio and Texas today, BBC News reports that Muslims in Ohio tend to be supporting Barack Obama. The article foucses primarily on the 60,000 Muslims who live in Cleveland.

Church of England Is Concerned About Proposal To Abolish Blasphemy Laws

Posted on March 04, 2008
Today's London Guardian reports that the archbishops of the Church of England have "serious reservations" about the method and timing of government proposals to abolish Britain's blasphemy laws. In a joint letter, the archbishops of Canterbury and York said that while they have supported repeal in the right context, they fear that the present move could be seen as a move toward secularization or as an invitation to attack or insult religion...

UN Report On Religious Freedom In Britain Released

Posted on March 04, 2008
Religious Intelligence reported yesterday that the United Nation's Special Rapporteur on Freedom of Religion or Belief has prepared a report on religious freedom in Britain. While finding a high degree of freedom, the report indicated a number of issues that remain...

Court Holds Several Liable In Challenge To Faith-Based Rehab Placement

Posted on March 04, 2008
Hanas v. Inner City Christian Outreach, Inc., 2008 U.S. Dist. LEXIS 15472 (ED MI, Feb. 29, 2008) is a suit in federal district court in Michigan in which Joseph Hanas, who pled guilty to possession of marijuana, challenged a court's placement of him in a faith-based rehabilitation program operated by Inner City Christian Outreach (ICCO)...

Univeristy of South Carolina Student Organization Funding Challenged

Posted on March 03, 2008
Last Thursday, the Christian Legal Society at the University of South Carolina filed suit against the University challenging a University rule that makes recognized student religious organizations ineligible for general funding from student activity fees...

Malaysian Churches Are Entering Politics

Posted on March 03, 2008
According to today's Boston Globe, in Malaysia, Christian churches are becoming involved in this week end's upcoming elections. Churches are urging Christians to back candidates who promote religious freedom. The Christian Federation of Malaysia is encouraging Christians to vote for candidates whose policies "reflect God's standard and Christian values...

Arizona Case Makes Canon Law Relevant To Former Priest's Fraud Defense

Posted on March 03, 2008
In Arizona, prosecutors are deciding whether to again charge former Roman Catholic priest Dennis Riccitelli with fraud. Phoenix's East Valley Tribune reported yesterday that a judge's prior dismissal of the case requires prosecutors to tell any new grand jury that they must consider canon law in deciding whether to indict...

Two Courts Are Reviewing Revocation of Property Tax Exemptions

Posted on March 03, 2008
Two different courts last week focused on when an organization meets the standards for a property tax exemption as a religious or charitable non-profit institution. In Urbana, Illinois, a county court ruled that Provena Covenant Medical Center's lawsuit seeking an immediate property tax refund should be permitted to continue...

Recent Articles and Book of Interest

Posted on March 03, 2008
From SSRN:Mark Glouberman, Of Mice and Men: God and the Canadian Supreme Court, (Ratio Juris, Vol. 21, Issue 1, pp. 107-124, March 2008).Christopher J. Buccafusco, Spiritualism and Will(s) in the Age of Contract, (February 21, 2008).From NELLCO:Marc O...

Pope, New U.S. Ambassador, Exchange Greetings

Posted on March 03, 2008
Last Friday, according to Catholic News Service, Mary Ann Glendon, the new U.S. Ambassador to the Vatican presented her credentials to Pope Benedict XVI. In her remarks (full text), Ambassador Glendon said: "An essential element of strong friendship is ongoing conversation -- a dialogue -- based on mutual respect, understanding and trust...

Do Too Many Churches Hurt Retailing?

Posted on March 02, 2008
Today's New York Times, in an article titled God's Row, explores the question of whether too many store front churches in an area injure commerce by limiting the seven-day-a-week street traffic that is important to retailers.

Injunction Denied In Land Use Dispute Over Church Social Service Facilities

Posted on March 02, 2008
In Calvert County, Maryland last week, a state Circuit court judge denied the county's request for a preliminary injunction to close down a church's counseling center and food pantry that have not obtained proper permits and site plans. Today's Washington Post reports on the decision...

California Court Finds No Free Exercise Right To Home School Children

Posted on March 02, 2008
In In re Rachel L., (CA Ct. App., Feb. 28, 2008), a California state appellate court rejected the claim by parents that they have a First Amendment right to home school their children because of their sincerely held religious beliefs "based on Biblical teachings and principles"...

Proving Jewish Lineage To Israeli Rabbinate Can Create Problems

Posted on March 02, 2008
Today's New York Times Magazine carries an article on the problems faced by Israelis who need to prove to Israel's official Rabbinate that they are Jewish so that they can marry in Israel. The article profiles Rabbi Seth Farber who founded Itim, an organization to help...

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