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October 1, 2004/Tishri 6 5765, Vol. 57, No. 5
Supreme Court religious debate possible
MATTHEW E. BERGER
Jewish Telegraphic Agency
WASHINGTON - The U.S. Supreme Court may tackle questions regarding the legal rights of religious prisoners this session, as well as whether the public display of the Ten Com-mandments violates the separation of church and state.
In what may be the last year of the current makeup of the court, legal experts at several American Jewish organizations are expecting the court to again debate the balance between allowing free expression of religion and preventing governmental estab-lishment of religion.
The court will likely not announce its schedule for the year until next week, when it officially opens on Oct. 4.
But the fact that lower courts have had contradictory rulings on religious issues increases the chances that they will be heard by the high court.
"The circuits are all over the place," said Jeffrey Sinensky, general counsel for the American Jewish Committee. "When you have a break in the case, it's more likely the court will take it."
The most-watched case in the Jewish community challenges the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000.
The bill, passed in 2000, requires a compelling governmental interest to prevent religious groups from using land or to prevent free practice of religion by the imprisoned.
It is a more closely tailored version of the Religious Freedom Restoration Act, which the Supreme Court struck down in 1997, claiming Congress did not have the authority to enact such a law infringing on states' rights.
Jewish groups were instrumental in lobbying for Congress to pass both acts.
The Religious Land Use law "is a shield against religious discrimi-nation," said Michael Lieberman, general counsel for the Anti-Defamation League. "It will be important for the court to uphold it."
The case before the court centers around Ira Madison, a Virginia prison inmate who was denied the right to be served kosher food.
Lower courts questioned the sincerity of Madison's claim that he was a member of the "Hebrew Israelites" and suggested that by granting special provisions to the religious, government was encouraging prisoners to become religious.
Jewish groups counter, however, that religious practices should be tolerated unless there is an express, compelling governmental interest in denying them.
Also being watched this year are four cases regarding the public display of religious symbols, including the Ten Commandments, any of which could be taken to the high court.
"There's not much new in the way of law to be made in these cases," said Marc Stern, counsel for the American Jewish Congress. "These are symbolic cases."
The court has a strong record against stand-alone images of religion in the public square, such as the Ten Commandments or nativity scenes.
One of the best-known cases the court could hear this year revolves around Roy Moore, the former chief justice of the Alabama Supreme Court, who was ousted last year because he would not remove a monument to the Ten Commandments from his courthouse.
However, his case focuses on the legality of his removal from the bench.
Other cases the court could decide to hear focus on the express display of the Ten Commandments. It is unclear whether the court will take the Moore case, or other cases, because the justices are divided on the issue.
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