Around the Web

Here are some important law-and-religion news stories from around the web:

  •  In Walker v. Dismas Charities, Inc., the U.S. 11th Circuit Court of Appeals rejected a Free Exercise Bivens claim by an inmate serving part of his sentence in home confinement. The inmate sued individual employees of a government contractor that contracted with the government to supervise federal prisoners serving home sentences, alleging that his sentence violated his right to free exercise of religion under the First Amendment
  • In Bates v. Paksereshtthe plaintiff was denied certification to adopt children through the Oregon Department of Human Services because she would not agree to use a child’s preferred pronouns and undertake other required acts that the state claims “affirm a child’s gender identity” because of her Christian beliefs. The court rejected plaintiff’s free exercise and free speech claims because she was not seeking certification to become a full parent, but instead sought certification “to house and care for a child under the state’s umbrella of protection.”
  •  In Tosone v. Way, suit was filed in the District of New Jersey in early October challenging the New Jersey requirement that candidates filing to run for public office sign an Oath of Allegiance that ends with “so help me God.” The Acting Director of the New Jersey Division of Elections recently issued a Memo to County Clerks stating that candidates for public office now have the option of a solemn affirmation or declaration in lieu of an oath, and the phrase “so help me God” will be omitted. Counsel for plaintiffs then filed to voluntarily dismiss the suit.
  • in Grace Community Church- The Woodlands, Inc. v. Southern Montgomery County Municipal Utility District, Grace Community Church filed a complaint challenging a utility district’s requirement that the church pay a capital recovery fee of $83,780 rather than the actual cost of $24,900 to connect its new office building and auditorium to the district’s water system. The church alleges the fee is an unlawful tax on an otherwise tax-exempt organization, and it further violates Texas’ version of RFRA and the First Amendment’s free exercise clause.
  • The White House issued a Fact Sheet: Biden-⁠Harris Administration Takes Action to Address Alarming Rise of Reported Antisemitic and Islamophobic Events at Schools and on College Campuses.The Fact Sheet discusses recent initiatives taken by the Department of Justice, the Department of Education, the Department of Agriculture, and the Department of Homeland Security to prevent further antisemitic and Islamophobic incidents which have been taking place at schools and colleges since the October 7 Hamas terrorist attacks in Israel.
  • A New York Court of Claims judge serving as an active Supreme Court Justice is being investigated and no longer handling criminal cases after the justice asked a Muslim criminal defendant to remove her niqab–a religious garment that covers most of the face–at a plea hearing on October 24.

Jefferis, “Hamas”

In February, Praeger released “Hamas: Terrorism, Governance, and Its Future in Middle East Politics,” by Jennifer Jefferis (National Defense University).  The publisher’s description follows:

Structured around key elements at the regional, political, institutional, and personal levels of analysis, this is a complete and forward-leaning view of Hamas 51mklYFpluL._SX313_BO1,204,203,200_that provides a deep and detailed examination of the history, ideology, political prospects, and regional opportunities of an often poorly understood organization that is redefining 21st-century terrorism.

The Palestinian resistance movement Hamas has long been an influential player in the tumultuous Middle East, but as the region’s instability grows, so does the importance and potential influence of this organization. The fact that the Hamas of today defies most of the traditional categorizations of both terrorist organizations and political parties makes the group an ideal study on how states in the Middle East are likely to continue to change. This book offers a clear picture of how Hamas fits into a dramatically evolving region, enabling readers to see how Hamas itself has evolved ideologically, militarily, and politically as well as how it will continue to shape and be shaped by the broader Middle East region.

Author Jennifer Jefferis, PhD, provides the first comprehensive consideration of Hamas in the context of the post-Arab Spring climate, the rise of ISIS, and the consequential emerging politics of the region, presenting information that is highly detailed yet written to be accessible to all audiences whether or not they have previous knowledge of the organization. The book provides coverage of Hamas’s current relationship with Israel and its impact on the Palestinian territories while focusing on the significance of the organization’s role in the broader region—particularly critical in light of the recent political uprisings in Egypt, Tunisia, Libya, and Syria.