Posted on by L&R Forum

Around the Web

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

  • Catholic leaders have criticized Trump’s immigration policies, arguing they infringe upon the religious liberties of migrants. 
  • At an event at the Museum of the Bible in Washington, Trump announced that the Department of Education will issue new guidelines safeguarding students’ right to pray in public schools.  
  • The US 9th Circuit upheld California’s requirement that home-based charter school programs use only secular educational materials.   
  • The Ukranian government has announced that it may ban an Orthodox Church that has refused to sever ties with Moscow amid ongoing tensions with Russia.  
  • In Morocco, a feminist activist was sentenced to prison for blasphemy after wearing a T-shirt bearing slogans against violence towards women.   

Posted on by L&R Forum

Around the Web

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

  • In Solliz v. Knox County, Tennessee, a Muslim woman filed suit after she was required by a Knox County sheriff to remove her hijab for a booking photo following her arrest. The complaint alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Tennessee Preservation of Religious Freedom Act.
  • A Ukrainian court has extended the detention of an Orthodox bishop for two months after he was arrested for allegedly revealing army positions to the public in a sermon, having mentioned the presence of a road block that prevented access to a local monastery. The bishop was denied the possibility of posting bail, and the checkpoints in question were removed prior to the publication of his sermon online.
  • A petition for certiorari was filed with the U.S. Supreme Court in Oklahoma Statewide Charter School Board v. Drummond, after the Supreme Court of Oklahoma declared the certification of a Catholic-sponsored charter school violative of the state’s constitution and the Establishment Clause. The petition states that the exclusion of religious schools from the state’s charter program violates the Free Exercise Clause, and that the mere funding of religious schools by the state does not constitute state action.
  • The recently-passed Abortion Services Act in Scotland threatens prosecution against anyone praying within a 200-meter radius of an abortion facility, including within their own homes, if they can be seen or heard within the zone, and act in an intentional or reckless manner. Guidance provided by the government to facilitate compliance lists silent vigils and religious preaching as potentially actionable offenses, if conducted intentionally and recklessly.
  • The University of California has continued to deny wrongdoing following a California federal court’s order mandating a variety of measures to prevent the exclusion of Jewish students from parts of campus. The University claims responsibility lies with actors unaffiliated with the school, whereas the plaintiffs maintain the school’s complicity via its failure to act in the face of clear religious discrimination against its students.
Posted on by L&R Forum

Around the Web

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

  • In Gaddy v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, the 10th Circuit heard oral arguments in a class action lawsuit accusing the LDS Church of fraudulently misrepresenting its founding and the use of tithing funds. A Utah federal court had previously dismissed the case, which was brought by former members claiming the Church’s leaders did not sincerely believe in the foundational narrative.
  • In Catholic Benefits Association v. Burrows, a federal district court in North Dakota blocked the Equal Employment Opportunity Commission from enforcing rules that would compel a Catholic organization to accommodate employee’s abortions and infertility treatments in violation of the organization’s religious teachings. The court ruled that such mandates would infringe on religious freedom.
  • In In re Calvary Chapel Iowa, an Iowa Administrative Law Judge ruled that the state’s Religious Freedom Restoration Act shields churches from taxpayer lawsuits challenging their property tax exemptions. The court held that such lawsuits impose a substantial burden on religious exercise, and that tax enforcement is better handled by the state, not individuals, to avoid retaliatory actions against religious organizations.
  • Jewish students filed a lawsuit against Haverford College alleging the college violated Title VI of the Civil Rights Act by failing to enforce its nondiscrimination policy and protect Jewish students from harassment over their pro-Israel views. The complaint also includes a breach of contract claim, accusing the college of fostering a hostile environment where Jewish students feel unsafe expressing support for Israel.
  • Ukraine signed a new law, No. 3894-IX, effective August 24, banning the Russian Orthodox Church (ROC) for justifying and supporting Russia’s invasion, and introducing legal procedures to dissolve Ukrainian religious organizations connected to the ROC. The law specifically targets the Ukrainian Orthodox Church (UOC) by prohibiting affiliations with any Russian religious groups involved in supporting the war.
Posted on by L&R Forum

Around the Web

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

  • A petition for certiorari was filed in Apache Stronghold v. United States after the Ninth Circuit refused to enjoin the government from transferring federally-owned land to a copper company. The land is alleged to have significant spiritual significance to the Apache Nation, and the petitioners claim violations of the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment.
  • The Ukrainian Supreme Court decided to formally ban the Ukrainian Orthodox Church of the Moscow Patriarchate, the largest religious organization in Ukraine, after years of church confiscations and harassment of believers. The law bans all religious organizations with ties to Russia, and gives the Church nine months to either merge with a mostly-unrecognized nationalist church, or formally disavow all of its connections with the Russian Orthodox Church.
  • In Edison v. South Carolina Department of Education, the South Carolina Supreme Court held that a state scholarship for private school students violates the State’s Constitution, which prohibits public funds to be used for the direct benefit of religious or private educational institutions. The program allowed beneficiaries to use the state-provided scholarship funds to pay for their private school tuition.
  • The Tenth Circuit reversed the dismissal of a discrimination claim brought by a school administrator, who was fired after complaining about the depiction of Christians in a school play. Although the Court said that the Plaintiff’s words were not protected as they were made in the course of performing his official duties, it reversed due to sufficient facts being raised that gave rise to an inference of discrimination.
  • The Ninth Circuit held that a municipal law mandating tree-trimming did not violate the Free Exercise rights of a resident who claimed his religious and spiritual beliefs were substantially burdened by the regulation. The Court held that the Free Exercise Clause does not relieve an individual of the duty to comply with a neutral law of general applicability.
Posted on by L&R Forum

Around the Web

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

  • In Clark v. Governor of the State of New Jersey, the Third Circuit held that a challenge by two Christian congregations and their pastors to former Covid limits on in-person worship services is moot. The court affirmed the trial court’s dismissal of the suit. 
  • In Doster v. Kendall, the Sixth Circuit affirmed a district court’s grant of a class-wide preliminary injunction barring the Air Force from disciplining Air Force personnel who have sought religious exemptions from the military’s Covid vaccine mandate.
  • In Doe v. Rokita, the Seventh Circuit rejected First Amendment challenges to an Indiana statute that requires abortion providers to dispose of fetal remains either by burial or cremation. The suit was brought by two women who raise free exercise claims and by two physicians who oppose the requirement that they inform patients of the law’s provisions. 
  • In Pickup v. Biden, Plaintiffs petitioned the D.C. federal district court to declare two bills pending in Congress unconstitutional and enjoin their passage. Plaintiffs focused primarily on an Establishment Clause challenge; however, the court held that the Constitution’s Speech or Debate Clause bars Plaintiffs’ claims against the congressional Defendants, that the court lacks jurisdiction to enjoin a President from performing his official duties, and that Plaintiffs lack standing.
  • A former Boston police officer who is a Jehovah’s Witness filed suit in a Massachusetts state trial court after the Boston Police Department denied his request for a religious exemption from the Department’s Covid vaccine mandate. He was placed on administrative leave and subsequently terminated. The complaint in Colon v. City of Boston also alleges that he was ridiculed because of his religious beliefs. 
  • President Volodymyr Zelensky of Ukraine has called for lawmakers to prevent the branch of the Orthodox Church loyal to Moscow Patriarchate from operating in Ukraine on the ground that Russia is using the church to provide cover for Russian secret agents. Over the past month, Ukrainian security agencies have engaged in raids of monasteries – resulting in the arrest of at least thirty-three priests. 
Posted on by amnania

Around the Web

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

Posted on by Christina Vlahos

“Churches in the Ukrainian Crisis” (Krawchuk & Bremer, eds.)

Next month, Palgrave Macmillan will release “Churches in the Ukrainian Crisis,” edited by Andrii Krawchuk (University of Sudbury) and Thomas Bremer (University of Münster).  The publisher’s description follows:

This volume explores the churches of Ukraine and their involvement in the recent movement for social justice and dignity within the country. In November of 2013, 9783319341439citizens of Ukraine gathered on Kyiv’s central square (Maidan) to protest against a government that had reneged on its promise to sign a trade agreement with Europe. The Euromaidan protest included members of various Christian churches in Ukraine, who stood together and demanded government accountability and closer ties with Europe. In response, state forces massacred over one hundred unarmed civilians. The atrocity precipitated a rapid sequence of events: the president fled the country, a provisional government was put in place, and Russia annexed Crimea and intervened militarily in eastern Ukraine. An examination of Ukrainian churches’ involvement in this protest and the fall-out that it inspired opens up other questions and discussions about the churches’ identity and role in the country’s culture and its social and political history. Volume contributors examine Ukrainian churches’ historical development and singularity; their quest for autonomy; their active involvement in identity formation; their interpretations of the war and its causes; and the paths they have charted toward peace and unity.

Posted on by Christina Vlahos

“Churches and States” (Hryn, ed.)

In July, Harvard University Press will release “Churches and States: Studies on the History of Christianity in Ukraine,” edited by Halyna Hryn. The publisher’s description follows:

This book collects nine articles that originally appeared in the journal Harvard Ukrainian Studies and that arose from the Harvard Ukrainian Research Institute’s Millennium Project, an initiative launched in the 1980s to celebrate onemissing_jacket
thousand years of the Christianization of Kyivan Rus´. The articles cover a wide array of subjects: the ecclesiastical structure of the Christian Church in Rus´ in its earliest period (Andrzej Poppe); the conflict between Orthodoxy and the Uniate Church from 1569 to 1700 (Teresa Chynczewska-Hennel); an account of the Uniate Church and the partitions of Poland (Larry Wolff); the transformation of the Greek Catholic Church under the Austrian Empire (1848–1914) (John-Paul Himka); the Greek Catholic Church in the period between the two World Wars (Andrew Sorokowski); a rethinking of the relationship of Church and society in Galician Ukraine from 1914 to 1944 (Bohdan Budurowycz); and the Russian Orthodox Church in Ukraine during the interwar period (Bohdan Bociurkiw). The book concludes with a bio-bibliography of Bohdan Bociurkiw, a scholar who devoted his career to the study of Ukrainian Church history (Andrii Krawchuk). These essays provide new insights and a fresh perspective to the discipline.

Posted on by Mark Movsesian

Putin and the Pope

Getty_112513_PutinPope
How have you been?

From Crux’s John Allen, here is an interesting and provocative article on today’s scheduled meeting between Russian president Vladimir Putin and Pope Francis. Surprisingly, Allen writes, on some issues, the two men have “forged an improbably strong partnership.”

One of those issues is the persecution of Mideast Christians. While Western nations have temporized, refusing even to acknowledge the sectarian dimension of the crisis–ISIS’s actions have nothing to do with religion, apparently–Putin has made himself the champion of the region’s Christians:

“As regards the Middle East and its Christians, their situation is dire,” Putin said in April. “The international community is not doing enough … this is the motherland of Christians. Christians have lived there from time immemorial, for thousands of years.”

In some corners of the Middle East, such as the Syrian region of Qualamun, Russia actually has floated the idea of granting citizenship to pockets of Orthodox Christians, effectively offering them a security blanket.

Now, talk is cheap. And Putin’s motivations are not wholly humanitarian. By offering itself as the protector of Mideast Christians, most of whom are Orthodox, Russia can exert influence in the region. (France has traditionally put itself forward in the same role, although France tends to focus on Catholics). Speaking out for Christian minorities also increases Putin’s credibility as the representative of traditional Christianity, which no doubt wins him admirers in the developing world, where Christianity is expanding, often in conflict with a rising Islam. And, of course, championing the cause of Orthodox Christians increases his political appeal in Russia itself.

Still, whatever his motives, Putin has focused on the suffering of Christians as Christians, and that is something many leaders in the West are apparently reluctant to do. It is also a stance, Allen writes, that appeals to Pope Francis:

Since Francis’ election in March 2013, meanwhile, no social or political issue has engaged the pontiff like the plight of persecuted Christians, especially in the Middle East.

In March, he demanded that the world stop trying to “hide” the reality of anti-Christian violence, and he’s also argued that the shared suffering of Orthodox, Catholics, and Protestants alike is the basis for a contemporary “ecumenism of blood.”

Allen notes that the conflict in Ukraine will pose obstacles for any real partnership between Russia and the Vatican. Ukrainian Catholics believe that Pope Francis has taken too soft a line in that particular crisis. Francis has described the conflict as an unfortunate disagreement between Christians, while Ukrainian Catholics tend to see it as the result of Russian provocation, which they wish Francis would denounce. In particular, Ukrainian Catholics resent what they see as bullying and duplicity on the part of the Russian Orthodox Church, particularly the Moscow Patriarchate.

As I say, an interesting and provocative piece.

Posted on by Mark Movsesian

The Ukrainian Protests and the Orthodox Church(es)

Even casual observers know that Orthodox Churches traditionally have close ties with the state. So many in the West don’t know what to make of the fact that, in the current conflict in Ukraine, the Ukrainian Orthodox Church appears to be siding with the protesters. The New York Times, for example, reports that protesters running from riot police in Kiev take refuge in a historic Orthodox monastery, and that the Church’s patriarch, Filaret (above), strongly opposes the government. Filaret has stated that Ukraine should look West and join the European Union, and that President Victor Yanukovich, who recently announced that Ukraine would not agree to a long-anticipated trade deal with the EU, should resign.

To understand what’s going on, one has to know a little about the divisions within Orthodoxy in Ukraine. Patriarch Filaret is the leader of the Ukrainian Orthodox Church-Kyvian Patriarchate. The Kyvian Patriarchate is in schism from the main body of Orthodoxy in Ukraine, the Ukrainian Orthodox Church-Moscow Patriarchate, which, as its name suggests, is under the jurisdiction of the Russian Orthodox Church in Moscow. The Moscow Patriarchate does not recognize the canonical status of the Kyvian Patriarchate; indeed, no Orthodox Church  in the world does. (To make things even more confusing, the Ukrainian Orthodox Church of the USA is under the jurisdiction of neither the Kyvian or Moscow Patriarchates, but the Ecumenical Patriarchate of Constantinople).

It’s not at all surprising, therefore, that Patriarch Filaret would support closer ties with Europe and a weakening of Russian influence in Ukraine. He and his flock are likely to have more status and independence in a Ukraine that looks toward the West. This is just another example of how religious and political interests often converge. As Daniel Larison writes, it will be interesting to see if there is now a pro-Russian pushback from those Ukrainians loyal to the Moscow Patriarchate.