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Religion & Law

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

Clinton-Obama Debate Includes Discussion of Anti-Semitism

Posted on February 27, 2008
The debate between Sens. Clinton and Obama in Cleveland last night (full transcript) for the first time focused on the issue of anti-Semitism (beginning here in the transcript). Moderator Tim Russert asked Sen. Obama whether he accepts the recently announced endorsement by Nation of Islam leader Louis Farrakhan who once called Judaism a "gutter religion"...

Israeli Court Imposes Fine For Violating Law On Sabbath Employment

Posted on February 26, 2008
In Israel, according to a report in today's Haaretz, a Beersheva Regional Labor Court has fined a store owner for employing Jewish employees on the Sabbath and Jewish holidays. The owner of the store "Melekh HaJungle" had argued that he had no way of knowing the employees' religion since it did not appear on their identity cards...

EU Criticizes Iran's Proposed Penal Code Provisions On Religion

Posted on February 26, 2008
Reuters reports today that the European Union has called on Iran to drop provisions in its proposed Penal Code that would impose the death penalty for apostasy, heresy and witchcraft. In a statement, EU's presidency said that the proposed law violates Iran's obligations under international human rights conventions...

White House Issues Report on Faith-Based Initiative

Posted on February 26, 2008
Yesterday, the White House Office of Faith-Based and Community Initiatives issued a comprehensive report titled The Quiet Revolution: The President's Faith-Based and Community Initiative: A Seven-Year Progress Report. Here is a link to the Fact Sheet on the report...

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Iowa Ends Controversial Faith-Based Prison Program

Posted on February 26, 2008
Iowa officials have notified Prison Fellowship Ministires that its faith-based InnerChange program will be ended in Iowa prisons in mid-March. Sunday's Des Moines Register reported that under the state's contract with the program, the state can teminiate it if enrollment falls belaow 60 inmates...

Australian Sikhs Protest Two Incidents

Posted on February 26, 2008
Sikhs in Australia are expresseing concern over discrimination after two unrelated incidents, according to today's Daily India. In one case a Sikh family has filed a complaint with Queensland's Anti-Discrimination Commission saying that the exclusive Ormiston College had refused to admit their 12-year old son because his long hair and turban would violate the school's uniform policy...

Court Rejects Free Exercise Challenge To Abortion Picketing Law

Posted on February 26, 2008
In Brown v. City of Pittsburgh, 2008 U.S. Dist. LEXIS 13463 (WD PA, Feb. 22, 2008), a Pennsylvania federal district court refused to grant a preliminary injunction against enforcing Pittsburgh's ordinance limiting picketing, demonstations and handbilling near abortion clinics...

Watchdog Group Challenges Congressional Earmarks On Establishment Clause Grounds

Posted on February 26, 2008
Yesterday, Americans United sent a letter (full text) to the Attorney General and to three other cabinet secretaries calling attention to a number of Congressional earmarks for fiscal year 2008 that raise church-state concerns. According to AU's press release, the letter identifies ten grants to religious groups that appear to violate the Establishment Clause and 16 others that merit further investigation.

Women in Turkey Test New University Headscarf Rules

Posted on February 26, 2008
In Turkey, yesterday was the first day of classes since the country's president, Abdullah Gul, signed into law a constitutional amendment permitting the wearing of headscarves at universities. However, the administration had ordered that only headscarves tied in a bow under the chin could be worn...

Michigan City To Consider New Invocation Guidelines

Posted on February 25, 2008
City Council in Port Huron, Michigan today plans to consider a written policy that would permit the invocation at its meetings to be led only by a minister from a recognized church in the community. Sunday's Port Huron Times Herald reported that the proposal was initiated after Khalil "Casey" Chaudry, an atheist, was refused permission to lead the invocation on the grounds that he wanted to use the time for a protest...

Pakistan Blocks YouTube Access Over Anti-Islamic Content

Posted on February 25, 2008
Monday's Guardian reports that Pakistan's Telecommunications Authority has blocked Internet access to YouTube because of anti-Islamic film clips posted on the site. Apparently the move was triggered by the posting of a trailer for an upcoming film by Dutch politician Geert Wilders...

Recent Prisoner Free Excercise Cases

Posted on February 25, 2008
In Smith v. Kyler, 2008 U.S. Dist. LEXIS 12586 (MD PA, Feb. 20, 2008), a Pennsylvania federal district court rejected the claims of a Rastafarian prisoner that his free exercise and equal protection rights, as well as his rights under RLUIPA, were violated by authorities' refusal to provide weekly group prayer services led by a Rastafarian prayer leader...

Public Officials Criticize NC Schools' Requirement For Speakers

Posted on February 23, 2008
The Wake County, North Carolina schools have irritated a number of public officials by instituting a new policy requiring all guest speakers at schools to sign a form promising they will not denigrating any culture, race, gender, national origin or religion, that they will provide accurate information, and acknowledging that appropriate attire, language and behavior are required...

Bulgarian Government Proposes New Religion Courses In Schools

Posted on February 23, 2008
In Bulgaria, the Ministry of Education has proposed introducing new courses in religion in the country's schools. AFP reported yesterday that the proposed courses would cover the basic history and beliefs of the world's different religions. Courses would be mandatory in elementary schools and would be electives for students in secondary schools...

9-11 Families Argue Free Exercise In Claim For Access To Debris

Posted on February 23, 2008
A hearing was held on Friday in federal district court in New York City in a suit by family members of 9-11 victims who want to be able to sift through 1.8 million tons of landfill debris at Fresh Kills landfill to search for human remains that may still be there in the Ground Zero material that was dumped at the landfill...

Report Says Anti-Semitism At UC Irvine Is Real

Posted on February 22, 2008
Yesterday's Los Angeles Jewish Journal reported on last week's release of a Task Force Report on Anti-Semitism at the University of California Irvine (full text of Report). The Task Force, formed by the Hillel Foundation of Orange County, was set up in December 2006...

University Student Senate Prayer Questioned

Posted on February 22, 2008
A controversy over a new variation on legislative prayer is brewing at Texas A&M University. The Battalion, the student newpaper, has carried a series of letters debating the practice of opening Student Senate meetings with a prayer (as well as a pledge of allegiance to the U...

Muslim Student Groups Debate Membership Restrictions

Posted on February 22, 2008
Yesterday's New York Times reports on the debate in Muslim student organizations at colleges and universities over memership restrictions. At issue is how strictly they enforce gender separation at their events or require members to adhere to strict practices required by Islamic law...

Italian Judge Sentenced For Refusing To Work While Crucifix Is In His Courtroom

Posted on February 22, 2008
In a long-running legal proceeding, Italian Judge Luigi Tosti yesterday was sentenced to one year in prison for refusing to hear cases in his courtroom so long as a crucifix remains on display on the wall. AFP reported on the court's decision. Tosti, who is Jewish, says that courtrooms in Italy should be religiously neutral-- despite a 1926 Justice Ministry directive requiring crosses to be displayed...

Texas Sect Leader Released After Bond Is Reduced

Posted on February 22, 2008
In Baird, Texas, 73-year old House of Yahweh founder Yisrayl Bill Hawkins was released from jail on Wednesday after State District Judge John Wilson Weeks reduced his bond from $10 million to $100,000.The AP reports that Hawkins is charged on four counts of promoting bigamy among members of his religious sect.

Amish Fined For Refusing To Put Reflectors or Lights On Buggies

Posted on February 22, 2008
In Mayfield, Kentucky yesterday, Graves County District Judge Deborah Crooks found three Amish men guilty of failing to put flashing lights or reflective orange triangles on their horse-drawn buggies. The AP reports that the defendants were convicted despite their contention that the state's requirements for slow-moving vehicles conflict with their religious beliefs...

NY Archdiocese Campaigns Against Reproductive Health Law

Posted on February 21, 2008
The Catholic Archdiocese of New York has launched a campaign to oppose Governor Eliot Spitzer proposed Reproductive Health and Privacy Protection Act. The Act would create a fundamental right for women to choose or refuse contraception or abortion (before viability or for health reasons)...

Native Hawaiian Group Sues Army Over Access To Religious Sites

Posted on February 21, 2008
In Hawaii, a group representing Native Hawaiians filed suit yesterday against the U.S. Army to enforce compliance with a 2001 settlement that was supposed to open up over 100 sacred religious sites on the Makua Military Reservation on Oahu. ENS and the Honolulu Advertiser report on the federal lawsuit filed by Earthjustice (press release) on behalf of Malama Makua...

NFL Reverses Position on Church Super Bowl Parties

Posted on February 21, 2008
Today's Washington Post reports that the NFL has reversed its prior stand and will no longer object to churches hosting Super Bowl parties featuring large-screen TVs. Earlier, the League said that these showing violated federal copyright law. (See prior posting...

Jordan Expels A Number Of Foreign Evangelical Christians

Posted on February 21, 2008
The Jerusalem Post and Earth Times yesterday reported that Jordan's Foreign Minister Nasser Judeh for the first time has officially acknowledged that Jordan has expelled a number of foreign evangelical Christians who enterd the country under the "pretext" of carrying out charitable work, but instead engaged in preaching activities...

School Board Debates Religious Absence Procedure

Posted on February 21, 2008
In Lynchburg, Virginia, the City School Board is debating a suggestion by its attorney for a "simplified" process to be used to request an excused absence for a student on religious grounds. Tuesday's Lynchburg News & Advance reports that the proposal would require a written statement explaining how religious beliefs conflict with the child's attendance, signed by both parents, and by the child if he or she is older than 14...

Turkish Parliament Passes Bill Returning Properties To Religious Foundations

Posted on February 21, 2008
On Wednesday, Turkey's Parliament by a vote of 242-72 approved a law to allow foundations belonging to the Christian and Jewish communities to reclaim property seized by the government around 1974, so long as it is still owned by the government and has not been transfered to third parties...

Supreme Court Denies Review In Two Cases of Interest

Posted on February 20, 2008
The U.S. Supreme Court denied review yesterday (order list) in two cases of interest. It denied certiorari in Archdiocese of Washington v. Moersen, (Case No. 07-323). The Maryland court of Appeals below had held that a Catholic church organist could pursue a Title VII employment discrimination claim, finding that his job position was not covered by the "ministerial exception" to Title VII...

Florida Adopts New Science Standards Calling For Teaching of Evolution

Posted on February 20, 2008
The Florida State Board of Education yesterday, by a vote of 4-3, adopted new standards for the teaching of science which, for the first time, explicitly refer to evolution, instead of to vaguer terms such as "change over time". (South Florida Sun Sentinel; Miami Herald)...

British Tribunal Rules Church Organist Is Protected By Employment Rights Act

Posted on February 20, 2008
Today's London Times reports that an employment tribunal in the North of England has held that a church organist is an "employee" protected from unfair dismissal by the Employement Rights Act of 1996. A tribunal order prohibits identifying the organist or the church involved in the case...

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