Police Arrest U.S. Pastor Prior to Planned Burning of Qurans

Two weeks ago, a Gainesville-area pastor named Terry Jones was arrested by local police prior to carrying out his plans to burn almost three thousand Qurans.  Jones planned the book-burning as a statement about the role of Islam in the 9/11 attacks and says he was targeted by police.  Police said they arrested Jones not because of his views, but because he was carrying fuel in an unlicensed vehicle.  There is continuing controversy about whether the stop was pretextual in nature.  A good report on the incident is here.

"Black Magic" Banned in Indian State

Religion Clause Blog reports that the Indian state of Maharashta has banned the practice of "black magic" and related practices after the murder of a rationalist reformer.

Religion Provisions of the Constitution of Senegal

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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Here we have the Constitution of Senegal.  Here we have a standard equal protection guarantee, a religious freedom guarantee that contains the common caveat ("subject to the respect for public order"), and a guarantee that the state shall be "secular."  Some of the language in Article 24 is interesting, as it provides special protection for religious communities from the state.

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Establishment Clause—Weak

Article 1

The Republic of Senegal shall be secular, democratic and social.

Equal Protection of Religion

Article 1  It shall ensure equality before the law for all citizens, without distinction as to origin, race, sex or religion.

Religious Freedom

Article 8

The Republic of Senegal guarantees to all citizens their individual fundamental freedoms, economic

and social rights as well as group rights. These freedoms and rights are: Civil and political liberties,

freedom of opinion, freedom of expression, press freedom, freedom of association, freedom to hold

meetings, freedom of movement, freedom to protest, cultural freedoms, religious freedoms,

Article 24

Freedom of conscience and the free practice and profession of religion and culture, and the profession

of religious education shall, subject to the respect for public order, be guaranteed to all. Religious

institutions and communities shall have the right to develop without hindrance. They shall not

be subject to direct supervision by the state. They shall regulate and administer their affairs

autonomously.

Religion Provisions of the Constitution of Rwanda

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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Below are extracts from the Constitution of Rwanda.  You'll see that the country describes itself as "secular" in Article 1, prohibits discrimination on the basis of religion in Article 11, and contains a qualified religious freedom guarantee in Article 33 (religious freedom is guaranteed "in accordance with conditions determined by law", which is so broad as to potentially eviscerate the right).
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Establishment Clause (weak)

Article one

The Rwandan State is an independent, sovereign, democratic, social and secular

Republic;

Equal Protection of Religion

Article 11

All Rwandans are born and remain free and equal in rights and duties.

Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour,

sex, region, social origin, religion or faith, opinion, economic status, culture, language,

social status, physical or mental disability or any other form of discrimination is

prohibited and punishable by law.

Religious Freedom

Article 33

Freedom of thought, opinion, conscience, religion, worship and the public manifestation

thereof is guaranteed by the State in accordance with conditions determined by law.

Propagation of ethnic, regional, racial or discrimination or any other form of division is

punishable by law.

Ceremonial Deisms

Article 61

Before taking office, the President of the Senate and the Speaker of the Chamber of

Deputies, the Prime Minister, the President of Supreme Court, ministers, ministers of

state and other members of Government, senators, deputies, officers of the rank of

General and senior officers of Rwanda Defence Forces, commissioners and senior

officers of the National Police, the Vice-President and judges of the Supreme Court, the

Prosecutor General of the Republic, the Deputy Prosecutor General and such other

persons as may be determined by law shall take oath in these words:

« I,………………………. solemnly swear to the Nation that I shall:

1° diligently fulfill the responsibilities entrusted to me;

2° remain loyal to the Republic of Rwanda ;

3° observe the Constitution and the other laws;

4° work for the consolidation of national unity;

5° conscientiously fulfill my duties of representing the Rwandan people without any

discrimination whatsoever;

6° never use the powers conferred on me for personal ends;

7° promote respect for the freedoms and fundamental rights of the human being and

safeguard the interests of the Rwandan people.

Should I fail to honour this oath, may I face the rigours of the law.

So help me God»

Article 104

Without prejudice to provisions of Article 196 of this Constitution, before assuming the

duties of office, the President of the Republic shall take the oath of office before the

President of the Supreme Court in the presence of both Chambers of Parliament in these

words:

« I,…………………………. solemnly swear to the Nation that I shall:

1° diligently fulfil the responsibilities entrusted to me;

2° remain loyal to the Republic of Rwanda ;

3° observe and defend the Constitution and the other laws;

4° preserve peace, territorial integrity and consolidate national unity;

5° conscientiously fulfil my duties without any discrimination;

6° never use the powers conferred upon me for personal ends;

7° guarantee the respect of the freedoms and fundamental rights of the human being

and safeguard the interests of the Rwandan people.

Should I fail to honour this oath, may I face the rigours of law.

So help me God. »

Update

Apologies for the long delay between posts--it's been a busy semester!  But a successful one as well.

I'm hard at work on a new article titled Religion, Secularism, and the National School Chaplaincy and Student Welfare Program which examines the Australian Government's funding of chaplains in public and private schools.

The article will be part of an upcoming event at USQ on October 4th called the After Williams Colloquium.  Williams was a major decision handed down in 2012 that invalidated federal funding of the school chaplains program (only temporarily, as new legislation and a new round of litigation has begun).

In other news, my article The Curious Persistence of Blasphemy  is going to be reprinted in Volume IV of Ashgate's The Library of Essays on Law and Religion.

New Sacrilege Offence Introduced in Russian Parliament

The website Russia Beyond the Headlines has a story about a bill progressing through Russia's lower house of Parliament that would make it a crime to "express clear contempt for society" by "insulting religious feelings of religious people" while in a holy place such as a church or mosque.  The maximum fine for the proposed offence would be three years' imprisonment and the equivalent of a $ 16,000 fine.  According to the article, the bill has received widespread support, including from the country's head of the Presidential Council on Human Rights.

Religion Provisions of the Constitution of Qatar

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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The Constitution of Qatar contains a straightforward statement that the country's established religion is Islam.  The document does contain a standard equal protection clause and a religious freedom provision that is somewhat weak due to the exceptions provided.

Qatar

Established Religion

 Article 1 
Qatar is an independent sovereign Arab State. Its religion is Islam and Shari'a law shall be a main source of its legislations.

Ceremonial Deism

Article 10 
The Heir Apparent, on his appointment, shall take the following of oath: 
( I swear by Almighty God to respect Sharia law, the Constitution and the law, maintain the independence of the State and safeguard its territorial integrity, defend the freedom and interests of its people, and be loyal to the State and the Emir).

Article 74 
The Emir shall take the following oath prior to the discharge of his functions in a special session convened by Al-Shoura Council: 
The Emir shall take the following oath prior to the discharge of his functions in a special session convened by Al-Shoura Council: 
(I swear by Almighty God to respect Sharia law, the Constitution and the law, protect the independence of the State, safeguard its territorial integrity, and defend the freedom and interests of its people).

Article 92  Prior to the discharge of their duties before Al-Shoura Council and in an open session, the Members shall take the following oath: 
(I swear by the Almighty God to be loyal to the country and to the Emir, respect Sharia law, the Constitution and the law, and safeguard the interests of the people and perform my duties with honesty and integrity).

Article 119 Prior to the discharge of their duties before Al-Shoura Council and in an open session, the Members shall take the following oath: 
(I swear by the Almighty God to be loyal to the country and to the Emir, respect Sharia law, the Constitution and the law, and safeguard the interests of the people and perform my duties with honesty and integrity).

Equal Protection of Religion

Article 35 
All persons are equal before the law and there shall be no discrimination whatsoever on grounds of sex, race, language, or religion.

Religious Freedom

Article 50 

Freedom to practice religious rites shall be guaranteed to all persons in accordance with the law and the requirements of the maintenance of public order and morality.