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

  • In Apache Stronghold v. United States, the 9th Circuit refused to bar the government from transferring federally-owned forest land, significant to Western Apache Indians’ spirituality, to a copper mining company. The court stated that the transfer did not substantially burden religious exercise under RFRA and the Free Exercise Clause.
  • In Christian Employers Alliance v. U.S. EEOC, a North Dakota district court blocked the Department of Health and Human Services and the EEOC from enforcing Affordable Care Act and Title VII mandates that require Christian employers to provide insurance coverage for gender transition procedures. The court stated that these employers would have to violate their religious beliefs to comply with these mandates.
  • In Bair Brucha Inc. v. Township of Toms River, New Jersey, a New Jersey district court found that the town used land use regulations to impede the construction of a synagogue in order to prevent the growth of the Orthodox Jewish community. The court cited evidence of anti-Semitic animus as the motivating factor behind the regulations and rejected the township’s argument that subsequent amendments to zoning laws shielded them from liability.
  • In Crosspoint Church v. Maikin, a Maine district court rejected a request to block the state’s laws barring LGBTQ discrimination from applying to a Christian school receiving public funding. The court stated that the legislature had the authority to define protected classes despite the school’s objections due to a conflict with religious beliefs.
  • Jewish students at Columbia University have filed a lawsuit accusing the institution of widespread antisemitism. The complaint alleges discriminatory policies, support for anti-Jewish violence by faculty, and a lack of protection for Jewish students from harassment.
  • A Christian youth-mentoring ministry in Oregon has filed a lawsuit challenging an anti-discrimination rule adopted by the Oregon Department of Education. The ministry argues that the rule violates its Free Exercise and Free Expression rights by disqualifying it from receiving grants due to their religious hiring practices, which require adherence to a Statement of Faith.
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Legal Spirits 057: Historian Richard Brookhiser on Religious Freedom in America

In this episode, Center Director Mark Movsesian interviews historian Richard Brookhiser (left) about his new documentary, “Free Exercise: America’s Story of Religious Liberty.” How have minority religions tested and shaped America’s commitment to religious freedom over the centuries–and how has America changed those religions in return? From the Flushing Remonstrance of 1657 until now, it has been a grand story. Listen in!

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

  • The Supreme Court of the United States denied certiorari in Missouri Department of Corrections v. Finney, a case in which a Missouri state appellate court upheld a trial court’s striking of three potential jurors who were disqualified because of their religious belief that homosexuality is a sin. The underlying suit against the Department of Corrections involved sex discrimination and hostile work environment claims by a lesbian employee.
  •  In United States v. Rourke, the 9th Circuit held that it was “plain error” for a district court to impose a condition to a defendant’s supervised release that the defendant live at and participate in a 12-step rehabilitation program, which asks the participant to call on a spiritual power to overcome addiction problems. The court found that without a non-religious alternative, the supervised release violates the Establishment Clause.
  • In Prodan v. Legacy Health, a federal district court in Oregon found that two former health care workers who challenged their employer’s denial of a request for a religious exemption from a Covid vaccine requirement made out a prima facie case of religious discrimination in the workplace under Title VII.
  • In Annunciation House, Inc. v. Paxton, a Catholic agency serving migrants and refugees in Texas filed suit against the Texas Attorney General, arguing that his demand for certain records violated the agency’s religious freedom. A Texas state court granted a TRO barring the Attorney General from examining the records.
  • In Tennessee, Governor Bill Lee signed a bill which says, in relevant part, “[a] person shall not be required to solemnize a marriage.” The original bill would have allowed refusals by those who objected to the solemnization on religious belief.
  • The Utah legislature passed a bill that prohibits the government from imposing substantial burdens on the free exercise of religion unless it can show that it had a compelling interest to do so, and it used the least restrictive means to further that interest.
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Here are some important law-and-religion news stories from around the web:

  • In U.S. Navy SEALs 1-26 v. Austin, a Texas federal district court found the repeal of the military’s COVID vaccine mandate only partially addressed a lawsuit by Navy SEALs denied religious accommodations. The SEALs argue the mandate exposed flaws in the Navy’s religious accommodation process, including delays and discriminatory practices, which remain unaddressed. The court noted ongoing issues such as indefinite request delays, lack of individual assessments, and coercive tactics against servicemembers seeking accommodations.
  • Members of the U.S. House Freethought Caucus criticized the invitation of Pastor Jack Hibbs to deliver an opening prayer in the House, labeling him a radical Christian Nationalist linked to the January 6th insurrection. They expressed concern over his history of controversial remarks towards non-Christians, immigrants, and the LGBTQ community, questioning the appropriateness of his role as Guest Chaplain.
  • The European Court of Human Rights ruled that Belgium’s elimination of exemptions for ritual slaughter without stunning, affecting Halal and Kosher practices, did not violate religious freedom or discrimination protections under the European Convention on Human Rights. The Court recognized animal welfare as a legitimate aim under the concept of public morals, emphasizing the evolving nature of societal values towards the ethical treatment of animals.
  • The British Columbia Supreme Court denied the Matsuri Foundation of Canada, a Shinto organization, a property tax exemption for Knapp Island, sought as a “place of public worship” under the Taxation (Rural Area) Act. The court found that the island’s worship use was private, lacking public access and invitation, and rejected Matsuri’s equity-based exemption argument for Knapp Island compared to other British Columbia properties.
  • The Church of England faces scrutiny over claims that it has unwittingly aided Muslim migrants in seeking asylum by converting to Christianity, motivated by the prospect of persecution claims. Bishop Guli Francis-Dehqani acknowledged the difficulty in discerning genuine conversions, highlighting a small number of abuses. The Church defends its actions, emphasizing its biblical duty to care for strangers, while stating that assessing asylum claims is the government’s responsibility.
  • Greece became the first Christian Orthodox country to legalize same-sex marriage, following a Parliamentary vote of 176-76, led by Prime Minister Kyriakos Mitsotakis. The legislation, however, restricts same-sex couples from surrogacy rights, sparking criticism from LGBT groups. The Orthodox Church had opposed the legislation for different reasons and threatened supporters with excommunication.
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Here are some important law-and-religion news stories from around the web:

  • In Long v. Sugai, the 9th Circuit ruled that a Hawaii prison sergeant potentially violated an inmate’s free exercise rights by delivering Ramadan meals four hours before sundown, leading to inedible and possibly unsafe food. The court emphasized that the timing of meal delivery significantly burdened the inmate’s religious practices and instructed the district court to evaluate whether this burden was justified.
  • In Landor v. Louisiana Department of Corrections and Public Safety, the 5th Circuit denied an en banc rehearing of a case for damages from prison officials who shaved a Rastafarian prisoner’s head. The court said that even though the prison officials knowingly violated his rights, the question of whether the plaintiff can sue for damages under the Religious Land Use and Institutionalized Persons Act is one for the Supreme Court.
  • In Bridges v. Prince Georges County, Maryland, a federal district court declined summary judgment in a suit brought by a Muslim chaplain alleging First Amendment violations due to a “Statement of Applicant’s Christian Faith” in a prison job application. The court found the statement could be seen as a religious test, but disputes over its optional nature and impact on the plaintiff’s religious expression prevented summary judgment for either side.
  • In The Satanic Temple v. Labrador, a federal district court dismissed a case by The Satanic Temple challenging Idaho’s Defense of Life Act. The Satanic Temple argued it violated their religious right to conduct ritualistic ceremonial abortions and now plans to appeal the decision to the Ninth Circuit.
  • The Roman Catholic Archbishop of Montreal is challenging a Quebec law requiring  all palliative care homes to offer medical assistance in dying, arguing it violates religious freedom. The Archbishop asserts that a palliative care home associated with the Catholic Church should not be obligated to administer euthanasia, emphasizing the importance of respecting freedom of conscience.
  •  In Miller v. University of Bristol, a British Employment Tribunal ruled that a Professor’s anti-Zionist views qualified as a protected philosophical belief under the Equality Act 2010. However, the University issued a press release stating that the professor’s employment was terminated because his comments did not meet their behavioral standards.
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Here are some important law-and-religion news stories from around the web:

  • In Magram v. Beavers, a retired Brigadier General in the Air National Guard sued his former supervisor in California state court, alleging both discrimination and wrongful termination on account of his Jewish heritage.
  • In Vitsaxaki v. Skaneateles Central School District, a Greek Orthodox mother sued a school district in federal court in New York, alleging that the district had socially transitioned her middle-school aged daughter without her knowledge and consent in violation of the mother’s free exercise right to raise her child according to her religious beliefs.
  • In Chavez v. San Francisco Bay Area Rapid Transit District, a federal district court in California refused to certify as a class a group of employees who were denied a religious exemption from a COVID vaccine mandate due to the inconsistent nature of the class members’ beliefs.
  • In Babayev v. Azerbaijan, the European Court of Human Rights held that Article 9 of the European Convention on Human Rights was violated by an Azerbaijani law prohibiting citizens with religious training abroad from conducting Islamic religious rituals within the country.
  • In State of Florida v. Gonzalez, a state appellate court found that Florida’s clergy-penitent privilege did not apply to a recording of a defendant’s meeting with church leaders in a child molestation case, since the statutory requirement of confidentiality was not met.
  • The EEOC announced that it has entered into a $70,000 settlement with an employer who refused to grant an accommodation to a Muslim employee regarding its no-beard policy, despite the fact it would not cost the employer anything to do so nor burden its operations.
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Here are some important law-and-religion news stories from around the web:

  •  In Kristofersdottir v. CVS Health Corp., a nurse-practitioner filed a complaint in the Southern District of Florida alleging that CVS revoked all religious accommodations that allowed employees to refuse to prescribe contraceptives, which is the accommodation plaintiff had for over 7 years. 
  • In Dad’s Place of Bryan, Ohio v. City of Bryan, a Christian church filed suit in the Northern District of Ohio, alleging that the city has violated the First Amendment’s Free Exercise and Establishment Clauses, as well as RLUIPA, by charging the church’s pastor with 18 criminal counts for allowing homeless persons to reside on the property for an extended amount of time in violation of city zoning rules.
  • In Uzomechina v. Episcopal Diocese of New Jersey, the District of New Jersey dismissed racial discrimination and wrongful discharge claims brought by a priest who was fired after he was allegedly falsely accused of financial and sexual misconduct. However, the court allowed the priest’s defamation claim, which he alleges that the Diocese passed on false information about him to his subsequent employer, to proceed.
  •  In Carter v. Virginia Real Estate Board,  a Virginia trial court held unconstitutional a portion of Virginia’s Fair Housing Law that said: “use of words or symbols associated with a particular religion . . . shall be prima facie evidence of an illegal preference under this chapter that shall not be overcome by a general disclaimer.” A realtor included references to Jesus and a Bible verse in her email signature and was investigated, but the court invalidated the statute, saying the presumption of animus was unconstitutional.
  • A Michigan hospital agreed to pay a $50,000 settlement in a Title VII discrimination lawsuit alleging that the hospital had refused to hire an employee who had objected on religious grounds to receiving a flu shot. The settlement prohibits the hospital from refusing to hire applicants because of their sincerely held religious beliefs opposing such a vaccine mandate.
  • In India, Prime Minister Narendra Modi dedicated the Ram Mandir, a Hindu Temple located on a contested holy site once home to a 16th-century mosque. Critics allege that the temple represents an effort by Modi to elevate the Hindu religion in India’s public life.
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Here are some important law-and-religion news stories from around the web:

  • In St. Hillaire v. Montefiore Medical Center, a New York federal court ruled against a hospital manager’s religious discrimination claim over a denied Covid vaccine exemption. The court noted the hospital’s legal obligation to follow state mandates, which made the plaintiff’s exemption as a registered nurse impossible without incurring undue hardship.
  • In Russo v. Patchogue-Medford School District, a New York federal court ruled that the school district’s refusal to accommodate a psychologist’s religious objection to Covid mandates did not violate Title VII. The court found the state’s test-or-vaccination requirement to be a neutral law and determined that the plaintiff’s request for remote work, which involved reducing job responsibilities, constituted an undue hardship for the employer.
  • In Melton v. Union Hill Missionary Baptist Church, the Mississippi Supreme Court vacated a lower court’s ruling in a pastor-dismissal dispute. The court declared the chancellor’s involvement in a congregational vote was unconstitutional, stating it breached church-state separation under the ecclesiastical abstention doctrine.
  • In Kestenbaum v. President and Fellows of Harvard College, students sued Harvard University in a Massachusetts federal court, alleging Title VI Civil Rights Act violations. The complaint accuses Harvard of not protecting Jewish students from widespread anti-Jewish sentiment and discrimination, contrasting its approach to other forms of bias. The suit demands institutional changes, including disciplinary actions and antisemitism training.
  • A Pennsylvania appellate court in South Hills Catholic Academy v. Department of Human Services ruled against the school’s claim that state regulations infringed on its religious freedoms. The court found no violation of religious rights, as the regulations merely required compliance with civil rights laws, which do not apply to religious schools.
  • The State Department, following the International Religious Freedom Act, designated several countries as concerns for religious freedom violations. Among those listed as Countries of Particular Concern are China, Iran, and Russia, while Azerbaijan was included on the Special Watch List. The U.S. Commission on International Religious Freedom expressed disappointment over Nigeria and India’s exclusion from the list.
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Legal Spirits 056: Can the NY State Thruway Ban Chick-fil-A?

Chick-fil-A Inc. logo (PRNewsFoto/Chick-fil-A)

In this episode, we discuss a bill pending in New York that would require future fast food restaurants at rest stops on the State Thruway to open seven days a week. The bill expressly targets Chick-fil-A, which closes on Sundays in line with the owners’ religious commitments. Does the bill violate Chick-fil-A’s free exercise rights under the US and NY State Constitutions? And what does this controversy suggest about religious practice in the US? Listen in!

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

  • The U.S. Supreme Court has agreed to review a decision blocking Idaho’s nearly total abortion ban, specifically examining whether the federal Emergency Medical Treatment and Labor Act overrides state laws like Idaho’s Defense of Life Act. President Biden criticized the decision for allowing Idaho’s nearly complete abortion ban to be reinstated.
  • In United States v. Gallagher, a Tennessee federal court limited the extent to which defendants, facing charges for blocking the entrance to an abortion clinic, can reference their religious beliefs. The court stated that discussion of religion can be used to establish intent or purpose, but could not be used as a defense.
  • In Church of the Celestial Heart v. Garland, a California federal judge refused to dismiss a RFRA suit challenging the Controlled Substance Act, which restricts the church’s use of Ayahuasca, a plant-based psychedelic drug.
  • The School of the Art Institute of Chicago is being sued by a Jewish Israeli student claiming discrimination and hostility; the complaint alleges biased admissions and increased harassment after the October 7 Hamas attack on Israel.
  • A Yale professor has filed a sex discrimination suit against the Abyssinian Baptist Church in New York for rejecting her application to become Abyssinian’s senior pastor.
  • Pope Francis, in his recent remarks to the Diplomatic Corps at the Holy See, called for a global ban on surrogate motherhood, stating that a child should never be the basis of a commercial contract.