Religious Liberty News Feed

Christian Post: "After a year of work, the 25 members of the first Advisory Council on Faith-Based and Neighborhood Partnerships presented a report that included more than 60 recommendations for six issues: economic recovery and domestic poverty, fatherhood and healthy families, environment and climate change, inter-religious cooperation, global poverty and development, and reform of the Office of Faith-Based and Neighborhood Partnerships."

Washington Post Virginia Politics Blog: "Hundreds of people are urging House of Delegates leaders to revoke an invitation to a Falls Church imam to give the prayer tomorrow, accusing him of condoning violence and defending the Sept. 11, 2001, terrorist attacks."

Tres Baldas writes at Law.com (National Law Journal): "Religious schools don't have a free pass to ignore a key federal employment law based on a 'ministerial exception.' At least not in the 6th Circuit . . . "

Citizen Link: "President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships presented policy recommendations to him today – notably missing: Any mention of the life issue."

Orlando Sentinel: "Despite threat of a lawsuit, Osceola County Commission Chairman Fred Hawkins says the commission is not likely to change anytime soon how it prays before a meeting."

Florida Baptist Witness: "Perkins spoke to about 200 pastors in Orlando on March 4 for the 'Impact: Unleashing the Voice of the Church' conference jointly sponsored by FRC and the Alliance Defense Fund, an evangelical legal group . . . the pastors conference in Orlando and other cities is intended to affirm the role of pastors in helping their members understand the issues of the day and how they should view those issues from a Christian perspective, he said."

Pacific Justice Institute: "Castro Valley High School sparked controversy last year by hosting several questionable presenters, including Rev. Arlene K Nehring, a lesbian minister who talked to students in math and science classes about her gay wedding, encouraged them to 'come out' to God, their families and themselves, and invited them to a gay prom at her church. Because of the religious overtones in past and pending presentations, students in the Revelation Club were surprised when the school rejected their request to host Christopher Yuan because of 'separation of church and state.'"

Ninth Circuit Holds Montana Election Contribution Disclosure Requirements Unconstitutional as Applied to De Minimis Contributions — Canyon Ferry Road Baptist Church of East Helena, Inc. v. Unsworth 556 F.3d 1021 (9th Cir. 2009) "As political campaigns have become more expensive and sophisticated, Congress has increasingly regulated them, yet the Supreme Court has declared many aspects of that regulation unconstitutional. Recently, in Canyon Ferry Road Baptist Church of East Helena, Inc. v. Unsworth, the Ninth Circuit continued this deregulatory trend byholding that Montana’s election contribution disclosure requirementswere unconstitutional as applied to de minimis campaign expenditures. Though the bureaucratic disclosure requirements of the regulation at issue may chill speech, an effect that the court correctly recognized, another feature of the regulation may chill speech even more: its third-party enforcement mechanism. Because the regulation allows third parties to bring complaints of campaign rulebreaking, enforcement against minor parties may spring from questionable motives, result in disproportionate burdens, and ultimately militate against the public interest. Legislatures crafting campaign law and judges applying it should be cognizant of these difficulties."

Washington Post Virginia Politics blog: "A Northern Virginia delegate unsuccessfully tried a parliamentary maneuver Tuesday to force a floor vote on a measure that would ban discrimination in public employment on the basis of sexual orientation. The House has repeatedly rejected such legislation and voted against floor consideration of the bill 55 to 42."

MyFoxTampaBay.com: "The website in question is run by the Spring Hill Fire District and the problem, according to the complaint, is the Fire Rescue Chaplain link on the site where you can find scripture, even buy a bible."

Archbishop Charles J. Chaput writing in the Denver Catholic Register: "The policies of our Catholic school system exist to protect all parties involved, including the children of homosexual couples and the couples themselves. Our schools are meant to be 'partners in faith' with parents. If parents don’t respect the beliefs of the Church, or live in a manner that openly rejects those beliefs, then partnering with those parents becomes very difficult, if not impossible. It also places unfair stress on the children, who find themselves caught in the middle, and on their teachers, who have an obligation to teach the authentic faith of the Church."

OneNewsNow: "A Christian student in the Los Angeles Community College District is carrying his free-speech case to the 9th U.S. Circuit Court of Appeals . . . Alliance Defense Fund (ADF) attorney David Hacker tells OneNewsNow that Lopez chose to speak about his Christian beliefs. 'And during that speech, when he mentioned that marriage is between a man and a woman according to his Christian beliefs, the professor called him this horrible name, refused to let him finish the assignment, and told other students in the class, "If you're offended, you can leave,"' Hacker explains."

"In an opinion issued today . . . the Sixth Circuit examines whether the so-called "ministerial exception" to federal anti-discrimination laws precludes a former teacher from bringing a claim under the Americans with Disabilities Act against the Hosanna-Tabor Evangelical Lutheran Church and School."

Oregonian: Clackamas County Circuit Court Judge Steven Maurer sentenced Jeffrey and Marci Beagley to 16 months in prison this afternoon, calling the couple’s decision to not seek medical care for their 16-year-old son, Neil Beagley, a “crime that was a product of an unwillingness to respect the boundaries of freedom of religious expression.”

Robert D. Richards and Clay Calvert write at the National Law Journal: "The U.S. Supreme Court has yet to address a case involving the First Amendment speech rights of public school students who create Web sites, on their own time and while off campus, that mock school officials. But on the exact same day in early February, two different three-judge panels from the U.S. Court of Appeals for the 3d Circuit in Philadelphia issued rulings addressing that precise issue on nearly identical facts — and remarkably reached very different, if not diametrically opposed, conclusions."

Recent Constitutional Questions in Taxation: Toward a Legislative Solution to Constitutional Problems of Same-Sex Couples and Ministers of the Gospel? John R. Dorocak, 19 Temp. Pol. & Civ. Rts. L. Rev. 223 (2009) "This Article reviews two different constitutional questions regarding federal income taxes. First, the constitutionality of the income tax exclusion of the housing allowance for ministers of the gospel under the Establishment and Free Exercise Clauses of the First Amendment is discussed. Second, constitutionality, under the Due Process and Equal Protection Clauses of federal and state constitutions' denial of various tax benefits, such as joint filing for married couples is examined."

RLUIPA and Prisoner's Rights: Vindicating Liberty of Conscience for the Condemned by Targeting a State's Bottom Line Gary R. Rom, 44 Val. U. L. Rev. 283 (2009) "First, Part II provides the history and events surrounding RLUIPA's enactment, chronicles the scope of the constitutional powers Congress relied on to enact RLUIPA, and discusses courts' differing interpretations concerning the availability of damages. Next, Part III analyzes whether RLUIPA in its present form allows prisoners to sue states for monetary relief. Finally, Part IV argues that key provisions of RLUIPA can be interpreted broadly to enable prisoners to sue states for monetary relief."

The Quest for Congruence: Why the Religious Land Use and Institutionalized Persons Act Should Apply to Eminent Domain Vikki Bollettino, 39 Seton Hall L. Rev. 1263 (2010) "This Comment argues that eminent domain, like zoning, should be subject to strict scrutiny review under RLUIPA. Part II discusses a pending case, Albanian Associated Fund v. Township of Wayne, to illustrate how eminent domain may hamper free exercise. Part III outlines the history and discusses the relevant provisions of RLUIPA. Part IV describes the current debate over whether RLUIPA should apply to eminent domain actions through a discussion of current case law. Part V argues that eminent domain may be exercised in a manner that is analogous to the application of a zoning law, and therefore should be similarly subject to strict scrutiny review when it burdens free exercise. Part VI illustrates how zoning and eminent domain are used together to achieve the broader purpose of land use regulation, and thus both should be reviewed using a strict scrutiny analysis. Part VII discusses the need for strict scrutiny review of eminent domain condemnations of religious property post-Kelo. Ultimately, this Comment argues that since government frequently exercises both its zoning and eminent domain authority for the broader purpose of land use regulation, eminent domain challenges, like zoning challenges, should receive strict scrutiny review under RLUIPA."

Chuck Colson writes at the Christian Post: "Christians no longer have the luxury of sitting idly by while religious freedom, the sanctity of human life, and the institution of marriage come under more assault."

ACLU: "The ACLU of Virginia is sending letters to all public university presidents warning them against taking any action that would permit discrimination against gay and lesbian employees or students. According to the ACLU, gays and lesbians are protected against governmental discrimination by the U.S. Constitution." (links to letters)