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

  • In Woolard v. Thurmond, a California federal court upheld the requirement that state funds for home school programs be used only for secular instructional materials. The court ruled that this policy does not infringe on parents’ free exercise of religion, as states are permitted to provide strictly secular education in public schools.
  • In Freedom From Religion Foundation, Inc. v. Abbott, a Texas federal court ordered the state to pay $346,500 in attorneys’ fees to the Freedom From Religion Foundation in connection with litigation over Texas’s removing FFRF’s Bill of Rights Nativity display from the State Capitol in 2015.
  • In Aldersgate United Methodist Church of Montgomery v. Alabama-West Florida Conference of the United Methodist Church, Inc., the Alabama Supreme Court dismissed a lawsuit from 44 Methodist congregations trying to disaffiliate from the church’s main body but still keep their property. The court applied the ecclesiastical abstention doctrine, ruling that deciding the case would require it to interpret church doctrine and internal rules, which is prohibited by the First Amendment.
  • The U.S. Conference of Catholic Bishops and others filed a lawsuit against the Equal Employment Opportunity Commission challenging the inclusion of abortion as a covered medical condition in the Pregnant Workers Fairness Act. The plaintiffs argue this inclusion and the nullification of the Act’s religious exemption will force employers to support abortion.
  • Ohio’s Attorney General filed a lawsuit to prevent Hebrew Union College from selling off its valuable Judaica library collection to address a financial deficit. The lawsuit alleges the college is violating state law by not disclosing the sale to donors and by breaching fiduciary duties by not preserving the collection according to donor intent.
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Around the Web

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

  • In Carter v. Local 556, Transport Union Workers of America, the Fifth Circuit stayed an order by a Texas District Court ordering attorneys to attend 8 hours of religious liberty training by a Christian non-profit. The attorneys were responsible for firing an employee after she espoused religiously-motivated pro-life content on her personal social media accounts.
  • Three Jewish students of UCLA sued the university for failing to protect its Jewish student population from campus unrest and discrimination in violation of federal law. The complaint alleges that Jewish students have been effectively banned from large segments of the campus informally called the “Jewish Exclusionary Zone”, and that the university has failed to act in the face of widespread antisemitism.
  • In St. Mary’s Catholic Parish in Littleton v. Roy, a District Court in Colorado ruled that the State could not refuse to exempt faith-based preschools from complying with a policy against discrimination on the basis of sexual identity while also allowing congregational-based preschools to prefer their own members. The Court criticized the policy for effectively allowing preschools to discriminate based on church membership, while simultaneously failing to allow these same schools to dictate their own admission standards.
  • A Vermont couple filed suit against the state over a policy that mandated all foster parents unconditionally demonstrate their ability to assent to a child’s potential desire to dress, cut their hair, or act in any way according to their stated gender identity. The couple claimed that the policy violated their Free Speech and Religious Liberty Rights by forcing them to act and speak in a way inconsistent with their beliefs.
  • In Oklahoma, the State Legislature has enacted a bill requiring schools to offer a released-time course dedicated to religious teaching and moral instruction for up to three class-periods per week. The courses would be taught by an independent entity outside of school grounds and grades would be evaluated using secular criteria.
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Around the Web

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

  • In Tripathy v. McKoy, the 2nd Circuit upheld a dismissal of a case by a former inmate who argued that requiring him to enroll in a treatment program for lighter sentencing violated his beliefs because it required him to falsely admit guilt, which contradicts the Hindu tenet against lying.
  • In Ringhofer v. Mayo Clinic, Ambulance, the 8th Circuit reversed the dismissal of lawsuits by Mayo Clinic employees who claimed the Covid vaccine mandate violated their religious beliefs.
  • The Louisiana legislature passed HB71, requiring public schools and colleges to display the Ten Commandments in every classroom. The Ten Commandments must be prominently displayed with a context statement in schools, while colleges are only required to display the Ten Commandments text.
  • The Ocean Grove Camp Meeting Association, a Christian group, was forced to open its Jersey Shore Beaches on Sunday mornings while they group fights a lawsuit against the Department of Environmental Protection or risk owing fines of $25,000 per day. The group has closed its beaches during religious services for 155 years.
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Around the Web

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

  • In Wallbuilder Presentations v. Mark, a D.C federal court granted a preliminary injunction against the removal of advertisements on a public bus that indicated that the American founders were Christians. The Court found that a local transit guideline banning advertisements that attempt to influence the public on controversial issues was unreasonable and susceptible to the biases of those overseeing its enforcement.
  • In Jane Does 1-11 v. Board of Regents of the University of Colorado, the 11th Circuit found that a policy granting religious exemptions for vaccinations only to certain religions violated the Free Exercise and Establishment Clauses. The Court rejected the university administration’s decision that only adherents of religions that expressly prohibit all immunizations may claim an exemption, holding that a government policy cannot use its own views of a belief’s legitimacy to judge whether it is sincerely held.
  • In Foothills Christian Ministry v. Johnson, a California federal court rejected a complaint by three churches against California’s Child Day Care Facilities Act which required all preschools to make acts of religious observation discretionary by the student’s parents. Because the Act allowed all registrants to reject the admission of any child whose parents refuse to allow their children to participate, the Court held that the plaintiffs lacked a cognizable injury.
  • In Roman Catholic Diocese of Albany v. Vullo, the NY Court of Appeals rejected a claim that the state’s religious exemption for mandatory coverage of medically necessary abortion was too narrow. The Court held that the state’s four-element test for qualification as a religious employer was generally applicable and therefore not subject to strict scrutiny, despite the alleged hardship of meeting the four elements.
  • A nondenominational church challenged a zoning objection made by the Town of Castle Rock, Colorado against the church’s use of an RV as temporary shelter for the homeless. The complaint alleges that the aforementioned objection violates the plaintiff’s Free Exercise Clause rights, citing multiple passages from Christian Scripture that mandate believers to tend to the homeless and hungry.
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Around the Web

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

  • In Babiy v. Oregon Health and Science University, the District of Oregon dismissed claims for damages brought by a patient access specialist against a medical school and other individuals after she was denied a religious exemption from the school’s Covid vaccine mandate. University policy was to deny religious exemptions where their claim was based solely on fetal cell concerns, and the court dismissed the plaintiff’s claim against the individual defendants on the basis of qualified immunity.
  • Alliance Defending Freedom filed an amicus brief in Garrick v. Moody Bible Institute asking the 7th Circuit to support the freedom of religious institutions to make employment decisions in accordance with their beliefs. In the case, a professor’s contract was not renewed at Moody since she admittedly did not share Moody’s beliefs.
  • The Department of Education issued final rules under Title IX on sex discrimination in schools protecting against LGBTQ+ discrimination. However, in its release, the DOE said that the relevant sections of the rules “do not apply to an educational institution that is controlled by a religious organization to the extent that the provisions’ application would not be consistent with the religious tenets of such organization.”
  • President Biden issued a Statement on Passover in which he reiterated his commitment to the safety of Jewish people, the security of Israel and its right to exist independently. In addition, he promised to continue working toward a two-state solution to provide peace for Israelis and Palestinians.
  • In Florida, Governor Ron DeSantis signed a bill that allows public school districts the option of hiring volunteer chaplains to counsel students. The program is entirely voluntary and takes effect on July 1.
  • Spain approved a plan providing for economic compensation and other reparations for victims of sex abuse committed by people within the Catholic Church. The plan, in addition to providing economic compensation, includes free legal assistance for all victims and it will reinforce the prevention supervision in schools.
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Around the Web

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

  • In Lozano v. Collier, the 5th Circuit reversed a lower court’s decision on several claims by a Muslim inmate. The inmate argued that his religious practices were burdened by the denial of private facilities for prayer and insufficient access to religious programming. Additionally, he challenged the neutrality of faith-based dormitories and the absence of a Muslim-designated unit.
  • In Diocese of Albany v. Harris, the New York Court of Appeals is rehearing a case regarding the New York Department of Financial Services’ mandate that employers cover abortion in their employee health insurance plans. The main issue is whether New York’s narrowing of the exemption to protect only religious groups that primarily teach religion and primarily serve and hire those who share their faith is valid as a religious exemption.
  • In Ex parte The Alabama-West Florida Conference of the United Methodist Church, Inc., the Alabama Supreme Court decided that a property ownership dispute between a local Methodist church and its parent church bodies is a civil matter, not ecclesiastical. This decision allows the civil court to resolve the issue using neutral legal principles, as the local church’s property deed does not include a trust clause for the parent bodies.
  • In Matter of Ferrelli v State of New York, a New York State appellate court upheld the denial of a religious exemption from the Covid vaccine mandate for court system employees. The court ruled that the mandate was a neutral law of general applicability, subject only to rational basis review.
    In The King (On the application of TTT) v. Michaela Community Schools Trust, a British court upheld a secular school’s policy preventing a Muslim student from using lunchtime for prayer, citing school unity considerations The court noted that the student was aware of the school’s secular nature upon enrollment and found that missed prayers could be made up later. The policy was deemed proportionate, balancing the school’s aims against the rights of Muslim students.
  • A new paper by economist Devin G. Pope analyzes religious worship attendance using geodata from smartphones for over 2 million Americans and finds that 73% of people step into a religious place of worship at least once during the year on the primary day of worship. However, only 5% of Americans attend services “weekly”, which is far fewer than the ~22% who report to do so in surveys.
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Legal Spirits 059: Daniel McCarthy on “the Other Nones”

Daniel McCarthy

In this episode, Center Director Mark Movsesian interviews journalist Daniel McCarthy on his recent essay in Modern Age, “The Other Nones.” Dan argues that the decline of traditional Christianity in the West hasn’t led to the age of rationalism and progress that many secularists predicted, but instead to an age of entropy, in which people have lost faith in unifying narratives of all kinds, political and ideological as well as religious. Can we restore some idea of the common good? Listen in!

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

  • In Farrakhan v. Anti-Defamation League, a New York federal district court dismissed a complaint alleging that the Anti-Defamation League violated Farrakhan’s First Amendment Rights by repeatedly referring to him and his organization as antisemitic. In the dismissal, the Court reasoned that Farrakhan failed to allege that his injuries were concrete or traceable to the ADL.
  • The City of New York has agreed to settle a class action damage claim brought by Muslim women protesting a policy that required wearers of hijabs to remove them when sitting for arrest photos. The NYPD agreed to change the policy in an earlier settlement in 2020, and the settlement amounts to $17.5 million.
  • In Citizens United to Protect Our Neighborhoods v. Village of Chestnut Ridge, New York, the Second Circuit affirmed the dismissal of a complaint challenging a new zoning law that allowed places of worship to be more easily built, claiming that the law improperly promoted religion. The Court reasoned that the plaintiffs lacked standing, suffering no cognizable harm apart from tax dollars passing the law.
  • In United States v. Safehouse, a Pennsylvania district court held that the prosecution of a nonprofit providing safe injection sites for drug users did not violate the Free Exercise Clause. Despite the leaders of the nonprofit claiming religious motivation, the entity itself has no religious affiliation, and the Court therefore held that the religious inspiration of its leaders doesn’t protect it against prosecution for the violation of a federal statute criminalizing the maintenance of drug-involved premises.
  • In Ocean Grove, New Jersey, the NJ State Department for Environmental Protection ordered the Christian nonprofit owners of the waterfront area to allow beach access to the public on Sunday mornings or face up to $25,000 in fines per day. State officials claim that the closure violates the Coastal Area Facilities Review Act, which itself is based on the public-trust doctrine, outlining that certain natural goods like waterfront areas are to be reserved for public use.
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Around the Web

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

  • In Garrick v. Moody Bible Institute, the Seventh Circuit permitted a sex discrimination lawsuit against the Moody Bible Institute to proceed, rejecting the institution’s argument for dismissal based on the religious autonomy doctrine. The court reasoned that while religious autonomy is important, it does not provide immunity in cases of non-ministerial employee discrimination.
  • In The Satanic Temple v. The City of Chicago, an Illinois district court allowed the Satanic Temple’s claim that the city violated the Establishment Clause by consistently delaying a request for a Satanic clergyman to deliver an invocation at a City Council meeting to proceed, stating that the city must treat the Satanic clergy member equally with those of other religions.
  • Iowa enacted a state Religious Freedom Restoration Act, which protects individuals’ religious exercise from government interference unless the government proves a compelling interest and uses the least restrictive means.
  • In Omid v. Ahmadi, a Connecticut trial court declined to enforce an Islamic mahr agreement in a divorce case. The court found the agreement’s terms ambiguous and intertwined with Islamic law and therefore deemed the agreement unenforceable due to difficulty in separating secular from religious considerations.
  • In Ramirez v. World Mission Society, Church of God, a plaintiff sued a church and its pastor for fraud, emotional distress, and negligence. The plaintiff alleges she was pressured into joining the church through concealment of its leader’s identity and coerced into donating money based on a misrepresented charitable use of funds.
  • Six inmates at the Woodbourne Correctional Facility in New York filed a lawsuit against a statewide prison lockdown preventing them from viewing the solar eclipse. The inmates are arguing they hold sincerely-held religious belief that this eclipse is important to the practice of their religion.
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Legal Spirits 058: Law & Justice in Shakespeare’s “Measure for Measure”

“Measure for Measure” in the First Folio (1623)

First performed 400 years ago, William Shakespeare’s “Measure for Measure” addresses an enduring human dilemma. No society can safely exist without law, but law itself depends on human judgment, which is prone to error and corruption. In this episode, Center Director Mark Movsesian and Northwestern Law Professor John McGinnis discuss this great but problematic play and explore why it remains so humbling for lawyers and judges today. Listen in!

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