International Center for Law and Religion Studies
J. Reuben Clark Law School
BRIGHAM YOUNG UNIVERSITY
Bulletin 8 September 2010: The California State Supreme Court has dismissed the suit of Pacific Justice Institute (see below) without comment. "It will now be up to a federal appeals court, and possibly the U.S. Supreme Court, to decide whether Prop. 8's sponsors have legal standing - the right to represent the state's interests in defending one of its laws." ([more]
The International Center for Law and Religion Studies has announced the 2010 Annual International Law and Religion Symposium, to be held 3-6 October at Brigham Young University's J. Reuben Clark Law School in Provo, Utah. This year's Symposium will be devoted to discussion of "Religion in Contemporary Legal Systems." Participants will be invited to address such topics as "Islam in Contemporary Legal Systems," "Religion, Law, and the Encounter with Secularism," and "The Challenge of Protecting Religious Sensitivities."
August 2010 - Christianity Today
Comments of ICLRS Associate Director Brett G. Scharffs concerning the May 2010 Canadian court ruling in Heintz v. Christian Horizons have been quoted in the 20 August 2010 online edition of Christianity Today. The case, from the Ontario Divisional Court, involved an employee who alleged discrimination by a Christian organization because she is a lesbian. Observers have noted that the court's ruling was "jarring" in its confusing explanation that religious organizations in Canada can claim exemption to ... [more]
August 2010 - Denver
A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has ruled in favor of plaintiffs-appellants American Atheists, Inc. et al. and against the state of Utah in a case involving the display of 12-foot-high metal crosses erected alongside Utah highways in memory of fallen Utah Highway Patrol troopers. The 18 August 2010 ruling reverses the district court ruling in American Atheists v. Davenport to find ... [more]
July 2010 - Salt Lake City
The critical value of working together to promote common causes such as the principles of religious freedom was a primary motivational factor addressed by Gayla Sorenson, Senior Fellow for the International Center for Law and Religious Freedom, as she participated in the panel discussion, “Digging Deep: Personal and Religious Motivations for Interfaith Work.” The panel was part of the ... [more]
Fifth Circuit Court of Appeals - July 2010
by Joseph Hepworth
A Native American elementary school student challeged a school district's dress code that required him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. In a 2-1 decision, a panel of the United States Court of Appeals for the Fifth Circuit agreed with the district court that the requirement offends a sincere religious belief and held it invalid under the Texas Religious Freedom Restoration Act ("TRFRA").
In response to the Supreme Court's ...[more]
29 June 2010 - Strasbourg
In a "case that may prove a flashpoint in the religious history of Europe," the Grand Chamber of the European Court of Human Rights heard the controversial [more]
Bulletin 28 June 2010: The U. S. Supreme Court has handed down its ruling in Christian Legal Society v. Martinez, finding 5-4 in favor of Hastings Law School. The opinion of the Court was delivered by Justice Ruth Bader Ginsburg, joined by "the court's liberals and moderate Anthony Kennedy." One conservative American commentator called the ruling a "shocking setback for religious freedom" in the United States. The Court held, however, that because the school's policy was "viewpoint neutral," it did not "transgress ... [more]
Bulletin 11 May 2010 - Mojave National Preserve, California
The seven-foot-tall metal "Mojave Cross" has disappeared, apparently removed by vandals some time during the night of 9-10 May 2010.
April 2010 - Washington, D.C.
In a judgment of potential significance for future U.S. church-state disputes, the Supreme Court of the United States has ruled that a California federal court went too far in ordering the removal of a war memorial cross long displayed on federal land in a remote area of the California desert. The 5-4 ... [more]
June 2010 - Washington, D.C.
Joseph Hepworth
The United States Supreme Court, in Christian Legal Society v. Martinez, ruled that a public law school did not violate the First Amendment by refusing to officially recognize a Christian student group that required its members to affirm a specific religious belief and adhere to a code of conduct that precluded any sexual conduct outside of marriage. Justice Ruth Bader Ginsburg, writing for a ...[more]
June 2010 - Washington, D.C.
In a statement released on 18 June 2010 the United States Commission on International Religious Freedom (USCIRF) urged President Barak Obama to "publicly raise religious freedom and human rights transgressions" during his upcoming meetings with Russian President Dmitri Medvedev. The 18 July statement signed by USCIRF chair Leonard Leo stesses conerns about Russian activities and ...[more]
29 June 2010 - Bulletin
Menachem Z. Rosensaft, General Counsel of the World Jewish Congress and Adjunct Professor of Law at Cornell Law School, has entered the debate over Morocco's deportation of some 100 Christians accused of proselytism, which is illegal in Morocco. Writing as a Guest Voice in the "On Faith" column of the Washington Post, Professor Rosensaft makes arguments in defense of Morocco. The column, with accompanying comments, may be read in ...[more]
June 2010 - Washington, D.C.
In an opinion piece in the 25 June 2010 Washington Post, Thomas Farr, visiting professor at Georgetown University and senior fellow at the Berkley Center for Religion, Peace, and World Affairs, has issued sharp criticism of the Obama administration for "sidelining" U.S. religious freedom policy. ...[more]
June 2010 - TalkingFeather Radio
A blogtalkradio broadcast of 24 June 2020, on the program TalkingFeather Radio, featured Suzan Shown Harjo (Cheyenne & Hodulgee Muscogee), president of The Morning Star Institute, a national Native rights organization founded in 1984 for Native Peoples' traditional and cultural advocacy, arts promotion, and research. Mrs. Hajo spoke of how "the ...[more]
June 2010 - Washington, D.C.
Joseph Hepworth
The United States Supreme Court announced on 24 May 2010 that it would hear the case Garriott v. Winn. The Court will decide whether a law that gives Arizona residents a state tax credit for their donations to private scholarship agencies that support students in religious schools violates the establishment clause of the First Amendment of the U.S. ...[more]
June 2010 - Washington, D.C.
U.S. Secretary of State Hillary Clinton has announced on 15 June 2010 President Barack Obama's nomination of Dr. Suzan Johnson Cook as the United States Ambassador-at-Large for International Religious Freedom, filling an 18-month vacancy in this critical diplomatic post. "Dr. Johnson Cook is an experienced religious leader with a passion for human ...[more]
June 2010 - Holland, Michigan
Hussein Wario, a 35-year-old Kenyan who came to Michigan in 1996 to attend college on scholarship, has lost his federal-court appeal to remain in the United States. Wario graduated from Hope College in 2000. In 2009 he published Cracks in the Crescent, a book about his conversion from Islam to ...[more]
May 2010 - Washington, D.C.
A diverse group of scholars and religious freedom activists have come together under the aegis of Freedom House to sign a letter dated 30 March 2010, urging President Barack Obama to move "quickly and strategically" to fill the post of United States Ambassador-At-Large for Religious Freedom. The fact that this post remains vacant more than a year into the Obama ...[more]
April 2010 - Washington, D.C.
In a statement released on 29 April 2010, the United States Commission on International Religious Freedom, detailed abuse of religious freedom rights in 28 nations, many of which are at the top of U.S. foreign policy agenda, including Afghanistan, Burma, China, Cuba, Egypt, India, Iran, Iraq, Nigeria, North Korea, Pakistan, Saudi Arabia, Sudan, Venezuela, and Vietnam. Commissioners also provided ... [more]
From the cover of the USCIRF 2010 Annual Report
April 2010 - Provo, Oslo, Moscow, Kyiv
The International Center for Law and Religion Studies at Brigham Young University and has sponsored the Russian translation and publication of two important reference works in the field of law and religion: a religion and belief deskbook and a text by Gerhard Robbers. Both works will provide significant resources for comparative understanding of issues affecting religious believers and groups for the Russian-speaking world.
The Russian translation of ... [more]
Moscow Launch Event from the website of the Slavic Centre for Law and Justice
March 2010 - Geneva
The United Nations Human Rights Council has on 25 March 2010 passed by a narrow margin (20-17, with 8 abstentions) a non-binding resolution condemning "defamation of religion." The resolution, proposed by Pakistani representative Zamir Akram on behalf of the Organization of Islamic Conference (OIC), includes a strong condemnation of such activities as Switzerland's recent ban on the construction of ... [more]
March 2010 - Jakarta
Breaking News 19 April 2010: The Court's ruling has upheld the law.
Participating via teleconference from the United States, Director of the International Center for Law and Religion Studies at Brigham Young University, Professor W. Cole Durham, Jr., testified concerning Indonesia's blasphemy law at a session of the Indonesia Constitutional Court ... [more]
March 2010 - Geneva
W. Cole Durham, Jr., Susa Young Gates Professor of Law and Director of the International Center for Law and Religion Studies at Brigham Young University, participated in a panel on defamation of religion and freedom of speech during the Geneva Summit for Human Rights, Tolerance and Democracy, held 8-9 March 2010 in Geneva, Switzerland. Organized by an international coalition of human rights NGOs, the ... [more]
February 2010 - Washington, D.C.
The 2010 Washington Human Rights Summit: Affirming Fundamental Freedoms, held in Washington, D.C. on 17-19 February 2010, brought together human rights advocates with U.S. policy makers, officials from other democratic governments, and influential figures from the world of media, think tanks, universities, NGOs, and human rights and freedom of expression activists. The aim of the summit was to produce an action plan for the Obama Administration, other governments, ... [more]
February 2010 - Salt Lake City
Some 800 members of the J. Reuben Clark Law Society - attorneys, professors and students - gathered during 11-13 February in Salt Lake City for the Society's Annual Conference, "Service for Good through the Law." Participating as a panel were representatives of the International Center for Law and Religion Studies, Director W. Cole Durham, Jr., Associate Director Robert T. Smith, and Fellows Program Manager Gayla Moss Sorenson, who spoke to the issue ... [more]
January 2010 - Kuala Lumpur
Representatives from the International Center for Law and Religion Studies at BYU, including International Advisory Council Chair Duane Madsen, ICLRS Historian Erlyn Madsen, IAC member Linda Nearon, and ICLRS Managing Director Robert T. Smith, participated in a very successful conference in Kuala Lumpur, Malaysia, during 29-31 January 2010. Addressing "Religion, Law and Governance in Southeast Asia: Comparative Legal Perspectives," the conference was co-sponsored by the Center in cooperation with the International Institute of Advanced Islamic Studies (IAIS), the Faculty of Law of the University of Malaysia, and the Institute of Advanced Legal Studies of ... [more]
December 2009 - Washington, D.C.
The Pew Forum on Religion & Public Life has issued its report, "Global Restrictions on Religion," a first of its kind quantitative study reviewing "an extensive number of sources to measure how governments and private actors infringe on religious beliefs and practices around the world." The report may be consulted at the links below.
November 2009 - Boston
David Little, Professor of the Practice in Religion, Ethnicity, and International Conflict, has retired from Harvar. To mark this event, the "Conference on Religion, Ethics, and Peace: Honoring the Career of Professor David Little," co-sponsored by Harvard Divinity School and the Kroc Institute for International Peace at the University of Notre Dame, was held on November 13-14, 2009 at the Harvard Divinity School in Boston. The conference brought together leading scholars in the ... [more]
Harvard Divinity School Image
November 2009 - Salt Lake City
The St. Thomas More Society of Utah presented its First Annual Religion and the Law Program: "Reconciling Religious Values with Professionalism and Civility" on Thursday, November 5, 2009 in Salt Lake City, Utah. The program focused on the blending of spiritual beliefs with professionalism, civility, and professional responsibility. The panel discussion was moderated by Professor W. Cole Durham, Jr., Director of the International Center for Law and Religion Studies at Brigham Young University. Panelists included Alan Bachman, Assistant Utah Attorney General; Michael Lee, partner at Howrey LLP; Father Mike Sciumbato, Parish Priest at Our Lady of Guadalupe Catholic Church; and Michael Zimmerman, partner at Snell and Wilmer and former Chief Justice of the Utah State Supreme Court.
Members of the St. Thomas More Society of Utah Religion and Law panel discussion were, from left, Father Michael Sciumbato, Alan Bachman, Professor W. Cole Durham, Jr., Michael Lee and Michael Zimmerman. Durham served as the group’s moderator.
IC photo by Christine Young
October 2009 - Washington, D.C.
The United States Department of State has submitted to Congress its 2009 Annual Report on International Religious Freedom, in compliance with Section 102(b) of the International Religious Freedom Act (IRFA) of 1998. This report includes individual country chapters on the status of religious freedom worldwide. In remarks accompanying the release of the report, Secretary of State Hillary Rodham Clinton noted that religious freedom, the "first liberty mentioned in our Bill of Rights," provides a cornerstone for every healthy society. "It empowers faith-based service. It fosters tolerance and respect among different communities. And it allows nations that uphold it to become more stable, secure and prosperous." This year's ... [more]
October 2009 - Provo
The International Center for Law and Religion Studies is pleased to honor Senior Judge J. Clifford Wallace, Chief Judge Emeritus of the United States Court of Appeals for the Ninth Circuit with the 2009 Distinguished Service Award for Religious Freedom, presented Sunday, October 4, during the opening session of the Sixteenth Annual International Law and Religion Symposium. "Judge Wallace has contributed to the growth of strong judiciaries in many parts of the world, particularly in Asia," notes ICLRS Director, Professor W. Cole Durham, Jr. "He has been a remarkable judge, a remarkable friend of democracy and democratization, and a great friend of human liberty. We ... [more]
October 2009 - New York City
Professor W. Cole Durham, Jr., ICLRS Director and member of the OSCE Advisory Panel of Experts on Freedom of Religion or Belief, moderated a roundtable discussion—"Defamation of Religions: The Relationship between freedom of expression and freedom of religion"—held in the Delegates' Dining Room at the United Nations Headquarters on 28 October 2009. The meeting was co-sponsored by NGO ... [more]
October 2009 - Santiago
ICLRS Advisors for Latin America, Gary B. Doxey (Center Associate Director) and Scott R. Isaacson (Senior Fellow and Executive Director for Latin America) will travel to Santiago, Chile, to attend an International Seminar, "Right to Freedom of Belief 10 Years after the Enactment of Law No. 19.638 [The 'Chilean Law of Worship'] on Legal Constitution of Religious Entities." The seminar, to take place 29-30 October 2009 at the Santiago Campus of the University of Talca, is organized by the Faculty of Law ... [more]
October 2009 - Bratislava and Volgograd
International Center for Law and Religion Studies Associate Director Elizabeth Sewell and ICLRS Director W. Cole Durham, Jr. participated in recent conferences in Slovakia and Russia respectively. Professor Sewell presented a paper,"State Funding and Autonomy of Religious Groups," at the conference "Financing of Churches and Religious Societies in the 21st Century," an international conference held under the auspices of the Minister of Culture of the Slovak Republic, ... [more]
October 2009 - Provo
Deseret News columnist Lee Benson visited BYU Campus during the 16th Annual International Law and Religion Symposium and spoke to ICLRS Director Cole Durham and to several delegates, including the delegate from Egypt, Dr. Tayseir M. Mandour, Professor of Medicine and former Head of Department at Al-Azhar University and sole female member of the Supreme Council for Islamic Affairs, and Ismail Ibrahim Malik, Chairman of the National Handicap and Vocational Government Services Program, Zambia. "If ... [more]
L-R: Dr. John Taylor, Robert Smith, Tayseir Mandour
September 2009 - Amman
International Center for Law and Religion Studies Senior Fellow for Comparative Law and International Policy and Regional Advisor for the European Union, David M. Kirkham, traveled to Amman, Jordan during 28-30 September 2009 to participate in the conference "Exploring Dimensions in Countering Ideological Support for Terrorism" at the Royal Jordanian National Defence College, Amman, Jordan. Co-sponsored by the Defence College and the George C. Marshall European Center for Security Studies, the conference ... [more]
September 2009 - Provo
The J. Reuben Clark Law Society held its annual leadership conference on 1-2 October 2009 at Aspen Grove, on the Alpine Loop above Provo Canyon. The Law Society is comprised of attorneys or law school graduates who support the society's mission: "We affirm the strength brought to the law by a lawyer's personal religious conviction. We strive through public service and professional excellence to promote fairness and virtue founded upon the rule of law."
September 2009 - Provo
The J. Reuben Clark Law School has been ranked second-highest, and is the only private school, on The National Jurist's Best Value list.
September 2009 - Provo
Students from the J. Reuben Clark Law School won three national competitions in the Moot Court and Trial Advocacy programs during the school year 2008-2009, placing BYU Law School fourth in the nation on Brian Koppen’s Law School Advocacy rankings. For more information about these outstanding achievements, please click on the link below:
Law Students Achieve
September 2009 - Provo
ICLRS Associate Director Brett G. Scharffs has been appointed Francis R. Kirkham Professor of Law at the BYU Law School. For more information about Professor Scharff's appointment, and also the appointment of Professor Thomas R. Lee as Rex J. Maureen E. Rawlingson Professor of Law, please see the link below.
Law School Professorship AppointmentsAugust 2009 - Yogyakarta
During 9-15 August 2009, ICLRS had the opportunity of joining with two Indonesian organizations, the Indonesian Legal Aid Foundation and the TIFA Foundation, and the Oslo Coalition for Freedom of Religion or Belief in providing a Training Course for Lawyers on Freedom of Religion or Belief that was held in Yogyakarta, Indonesia. ICLRS Director Cole Durham served as one of the trainers along with ICLRS Academic Advisory Board Member Tore Lindholm, Project Group Chair for the [more]
July 2009 - Vienna
Professor W. Cole Durham, Jr., Director of the International Center for Law and Religion Studies, Brigham Young University Law School, was one of the principal theme introducers at the Supplementary Human Dimension Meeting on Freedom of Religion or Belief organized by the Organization for Security and Cooperation in Europe (OSCE) held in Vienna, Austria on 9-10 July 2009. Virtually all of the member states of the OSCE ("Vancouver to Vladivostok moving east") were represented at the event. Professor Durham's address ... [more]
July 2009 - New York City
The New York City Landmarks Preservation Commission has summoned the West Park Presbyterian Church to a hearing, as a first step toward seizing control of the Church's building as a municipal landmark, the first time that the Commission has sought to impose landmark regulations on an individual church over its objection since 1981. The Rev. N. J. L'Heureux, Jr., Executive Director of the Queens Federation of Churches and Chairman of the New York State Interfaith Commission on Landmarking Religious Property, told the Commissioners that the unanimous action of Congress in adopting the Religious Land Use and Institutionalized Persons Act in 2000 was heavily influenced by the New York City LPC's aggression against religious properties in the City. (Information and accompanying photograph taken from The Nexus of Queens Issue #369, July 19, 2009.)
June 2009 - Provo
By Lee Simons
Brigham Young University's chapter of the International Law Students Association was selected to receive the "Most Improved Chapter" award for 2008-2009. BYU competed with more than 100 chapters internationally and was one of five winners.
Over the last year, the ILSA chapter at the J. Reuben Clark Law School significantly improved in membership numbers, events and recognition among the student body. "ILSA partnered with the David M. Kennedy Center for ... [more]
May 2009 - Strasbourg
In a decision issued 12 May 2009, the European Court of Human Rights reiterated that freedom of thought, conscience and religion is one of the foundations of a "democratic society" within the meaning of the Convention. It determined that the actions of the Moldovan authorities in charging, convicting and fining the applicant, a Muslim, for praying inside his home because Islam is not a registered religion constituted an interference which did not correspond to a pressing social need and was therefore not necessary in a democratic ... [more]
February 2009 - Pleasant Grove, Utah, and Washington, D.C.
On February 25, 2009, the Supreme Court issued a decision in Pleasant Grove City v. Summum. Petitioner Pleasant Grove City, Utah, has a public park within the city limits which has eleven privately donated monuments that are permanent fixtures, including a Ten Commandments monument. The respondent requested permission to erect a monument containing the Seven Aphorisms of Summum. The City denied permission, stating monuments must relate directly to the City’s history, or be donated by groups with ... [more]
Photo by Frantz Jansen, Collection of the Supreme Court of the United States
January 2009 - Milan
The International Consortium for Law and Religion Studies (ICLARS) is an "international association of scholars and experts of law and religion" which seeks to “become the reference point and liaison for all who are interested in the international and comparative dimensions of the relations between states and religions." ICLARS works to organize conferences, publish newsletters, and run a website to provide up-to-date information about the Consortium. The First ICLARS Congress was held on January 22-24, 2009, at the University of Milan, Milan, Italy. The Congress addressed "Law and Religion in the 21st Century: Relations Between States and Religious Communities."
Program | ICLARS Website
From the website of the University of Milan, http://www.unimi.it/ENG/ default.htm
January 2009 - Nashville, Tennessee, and Washington, D.C.
The First Amendment Center, with offices at Vanderbilt University and in Washington, D.C., has recently launched a new website dealing with freedom of religion in American public schools. Intended as a first step toward creating a one-stop web-based resource for schools and communities addressing these issues, this site, moderated by Charles C. Haynes, Senior Scholar at the First Amendment Center, provides news, commentary and analysis, and blog discussion.
January 2009 - Malibu, California
On 30 January 2009, the Herbert and Elinor Nootbaar Institute on Law, Religion and Ethics at Pepperdine University School of Law hosted a Conference at Pepperdine University in Malibu, California. The conference was titled "Religious Liberty & Religious Property Disputes: Who Owns the Lord's House?" Conference director Robert F. Cochran, Jr., the Louis D. Brandeis Professor of Law and director of the Nootbaar Institute explained the focus of the gathering: "We live in a time of uncertainty about the status of religious liberty. Courts have ordered religious hospitals and medical personnel to offer services that violate their religious beliefs. Sex abuse cases call into question whether courts can defer to church supervision of clergy, and religious organizations that require employees to share their religious commitments are charged with employment discrimination. At this conference, we considered the status of religious liberty in the United States."
Conference Link
Image from the website of the Nootbaar Institute,
Pepperdine University,
http://law.pepperdine.edu/
nootbaar/news-events/news/2009/01
-nootbaar-liberty-conference.htm
June 2008 - Geneva
As a result of the generous support by the Noot family, the Gerard Noodt Foundation for Religious Freedom has been established in the Netherlands. It will assist with a number of important initiatives, including continuing sponsorship of the Strasbourg Consortium, an important initiative of the Center. The representatives of the Noot family made a presentation to the participants in the Strasbourg Conference Consortium in Geneva, Switzerland held in ... [more]
Photo from the website of the Gerard Noodt Foundation, http://noodt.org/