August 1, 2014 - LAW AND RELIGION FORUM

Posted on August 1, 2014August 1, 2014 by Mark Movsesian

Iraq’s Christians Still Need Our Help

For people seeking to understand the crisis facing the Christians of Iraq, there’s an interesting panel discussion on the website of France 24, an English-language news station based in Paris: “Iraq’s Christians: Nowhere to Run?” The discussion is in two segments, here and here. It features a French senator, Nathalie Goulet; the New York Times Paris Bureau chief, Alissa Rubin; lawyer Ardavan Amir Aslani; and Christelle Yalap of the Committee for the Support of Iraqi Christians, a French NGO.

The panel is worth watching in full, if only to learn about the discussion taking place in another Western country. The panelists disagree about the responsibility America bears for the situation. Although the invasion of Iraq destabilized the country and exposed Christians and other minorities to grave danger, Islamism is not simply a response to American actions. It results from factors internal to the Muslim world. America has been only a peripheral actor in the Arab Spring. And yet, as one of the panelists says, the Arab Spring always seems to become an Islamist autumn.

One thing stood out for me in particular. Ms. Yalap, who offers a succinct description of the Christian community of Mosul, makes the very important point that the ordeal of this community did not end with expulsion from its home. Her NGO has been in touch with these Christians, who have taken refuge in Erbil, in Kurdistan. Apparently, ISIS has continued to pursue them there, and has succeeded in cutting off their water and electricity. It’s summer in Erbil, and the temperature is around 113°. The Christians of Mosul continue to face a humanitarian crisis. Will the international community do something to help?

This weekend, rallies in support of Iraq’s Christians are planned around the world, including here in New York, at the UN. For information, please click here.

Posted on August 1, 2014 by

Around the Web This Week

Some law and religion stories from around the web this week:

President Obama is set to appoint Rabbi David Saperstein to serve as the U.S. ambassador for religious freedom. Rabbi Saperstein will be the first non-Christian to hold the position.
- The Berkeley Center’s Thomas Farr hopes the Obama Administration will give Saperstein the tools to do the job.
On Tuesday, the Second Circuit ruled that display of the “Cross at Ground Zero” in the National September 11 Museum does not violate the Establishment Clause.
A bill introduced by Congresswomen Anna Eshoo, seeking to aid religious minorities in the Middle East, passed the House and Senate and awaits the President’s signature.
Virginia Republican Rep. Frank Wolf called on President Obama to aid persecuted Christians in Iraq.
Turkmenistan has joined the State Department’s list of worst religious freedom offenders.
Residents of Mosul, Iraq gathered around the Crooked Minaret, an 840 year-old religious landmark, in order to save it from destruction by ISIS forces.
Victoria, Australia has banned religious organizations from running prayer groups, handing out Bibles and delivering other unauthorized information sessions in state schools during school hours.
Pope Francis asked forgiveness for the persecution of Italian Pentecostals. He urged Christians to celebrate their diversity and unity.
Authorities in Zhejiang Province, China have removed the crosses from two more churches, in an effort to contain China’s fastest growing religion.
Tens of thousands of Buddhists are expected to attend the cremation of the remains of the 14th Shamar Rinpoche, one of the highest leaders of Tibetan Buddhism, on July 31 near Kathmandu, Nepal.
32 nations have written to a U.N. General Assembly committee asking it to recognize Yom Kippur as a U.N. holiday.

Posted on August 1, 2014July 27, 2016 by

Dalton, “Litigating Religious Land Use Cases”

In July, ABA Book Publishing released Litigating Religious Land Use Cases, by Daniel Dalton (Dalton & Tomich, PLC). The publisher’s description follows:

This book discusses how to litigate such a religious land use case on behalf of a religious entity pursuant to the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and the First Amendment. While the First Amendment dates to the founding days of the United States, RLUIPA is a much more recent federal law that can serve as an effective tool in protecting the property interests of religious organizations.

Litigating Religious Land Use Cases is intended to provide practical advice from the author’s personal litigation experiences. Generally, a religious entity will use all available means of resolving a dispute prior to entering into litigation. In the instance that a case results in litigation, this book discusses how to litigate such a religious land use case on behalf of a religious entity pursuant to the RLUIPA and the First Amendment.

Chapter topics include:

The history of religious land use
Constitutionality of RLUIPA
Related religious land use claims

This book should serve as a useful guide for religious entities and the lawyers who represent them in navigating the challenges and uncertainties that inevitably surround a religious land use claim.