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

  • The 4th Circuit heard oral argument in Billard v. Charlotte Catholic High School to determine whether a Catholic high school violated Title VII by firing a drama teacher for entering a same-sex marriage. While the district court sided with the teacher, during the appeal, judges inquired about the ministerial exception doctrine, even though the school had not raised it as a defense.
  • In Gardner-Alfred v. Federal Reserve Bank of New York, a New York federal district court dismissed claims by two FRB employees who were denied religious exemptions from the bank’s COVID vaccine mandate. The court concluded neither employee showed objections based on sincere religious beliefs. The court noted one employee’s ties to the Temple of Healing Spirit seemed only to seek a vaccination exemption and another’s actions and associations were inconsistent with her claimed religious views.
  • In Huck v. United States, a Utah federal court dismissed challenges to Congress’ 2019 designation of public lands in Utah as wilderness areas, resulting in stricter usage rules like motor vehicle bans. Plaintiffs claimed the designation favored Earth-religions and their views on the ‘sacredness’ of lands, violating the Establishment Clause. The court emphasized historical precedent supporting federal authority over land designations and did not find evidence of religious coercion or bias against specific groups.
  • In Kloosterman v. Metropolitan Hospital, a Michigan federal district court declined to dismiss a physician assistant’s religious discrimination claims against a hospital that fired her for not referring gender transitioning patients based on religious beliefs. The plaintiff, citing Christian beliefs, argued that she was against “eras[ing] or alter[ing] one’s sex.” The court found she plausibly argued that her termination was due to religious beliefs but dismissed her free speech claim.
  • Suit was filed in Rooks v. Peoria Unified School District against the Arizona school board to defend a plaintiff’s use of Scripture during Board meeting comments. Legal counsel to the Board deemed the practice a violation of the Establishment Clause.
  • Israel’s Supreme Court ordered the government to clarify its inaction against Jerusalem’s Sephardi Chief Rabbi Shlomo Amar over derogatory remarks about Reform Judaism, the LGBTQ community, and the Women of the Wall Movement. Amar attributed earthquakes to the LGBTQ community and labeled Reform Jews as “evil people.” The petitioners claim they’ve sought government action 16 times in four years without response.

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

  • In López Prater v. Trustees of Hamline University, a federal district court in Minnesota refused to dismiss plaintiff’s claim that her university employer discriminated against her based on religion. Plaintiff, a professor who was disciplined for showing depictions of the Prophet Muhammad in an art class, argues that she would not have been disciplined if she had been a Muslim.
  • Twelve Muslim plaintiffs filed a lawsuit against 29 federal officials in a Massachusetts district court, alleging that the officials violated their federal civil rights by adding them to a terrorist watchlist under vague criteria, Plaintifs claim they were unaware of their inclusion and had no recourse to challenge or comprehend the officials’ decision.
  • In Mirabelli v. Olson, the Southern District of California issued a preliminary injunction to prevent adverse employment action by the Escondido Union School District against two teachers who objected on religious grounds to the district’s policy of maintaining faculty confidentiality when communicating with parents about a student’s change in gender identity. The court found that the district’s policy conflicted with the teachers’ sincere religious beliefs in accurate communication with parents and that the district’s non-disclosure to parents policy was not narrowly tailored and could potentially cause more harm than good.
  • Several Jewish groups have filed a lawsuit against the Santa Ana Unified School District Board of Education, alleging that the district’s ethnic studies curriculum includes antisemitic and anti-Israel content, and that the district violated the “Brown Act” by providing inadequate notice and permitting harassment during school board meetings. At one meeting, attendees reportedly made antisemitic remarks, threatened Jews and Israelis, and displayed hostility toward Jewish participants.
  • In 2022, a Kentucky district court found that Kim Davis, the Rowan County Clerk, violated the constitutional rights of two same-sex couples by refusing to issue them marriage licenses due to religious reasons, and a jury was tasked with determining damages. Recently, in separate trials, the jury in the case of Yates v. Davis awarded zero damages, while in the second case, Emold v. Davis, the jury granted damages totaling $100,000.
  • In Davis v. Wigen, the 3rd Circuit overturned a district court’s dismissal of a RFRA claim filed by a former federal inmate and his fiancée against a private prison for denying their marriage request. The court ruled that the denials, while not explicitly forcing them to violate their faith, placed a significant burden on their religious beliefs, highlighting that government actions closely related to religious practices can be considered a substantial impediment under RFRA.

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

  • In Fellowship of Christian Athletes v. San Jose Unified School District Board of Education, the 9th Circuit Court of Appeals, sitting en banc, held that Fellowship of Christian Athletes (FCA) is entitled to a preliminary injunction requiring the school district to restore recognition to FCA chapters as student clubs. The school district revoked FCA’s recognition as a club because FCA requires its officers to affirm a Statement of Faith and abide by a sexual purity policy, which the 9th Circuit said violated the club’s Free Exercise and Free Speech rights.
  • In Catholic Healthcare International, Inc. v. Genoa Charter Township, the 6th Circuit Court of Appeals ordered a Michigan federal district court to enter a preliminary injunction that will allow a Catholic healthcare organization to restore a Stations of the Cross prayer trail as well as a stone altar and mural after Genoa Township zoning officials insisted that the Prayer Trail should be treated as a church for zoning purposes. Plaintiffs argued that the zoning ordinance as applied to them violates RLUIPA, and the 6th Circuit agreed.
  • In Damiano v. Grants Pass School District, two Oregon educators filed their opening brief in the 9th Circuit after a federal district court ruled against them. The educators were terminated after they voiced their opinions online about gender identity education policy solutions, rooted in their religious beliefs, which they claim violated their Free Exercise and Free Speech rights.
  • In Virden v. Crawford County, Arkansas, the Western District of Arkansas denied plaintiffs’ request for a preliminary injunction after the Crawford County Library System implemented a policy removing books with LGBTQ+ themes from the children’s sections of the libraries. Plaintiffs claim this violates the Establishment Clause because the policy was implemented due to pressure from religious objectors. However, the court left open the possibility of a narrower injunction later on. 
  • In The Catholic Store, Inc. v. City of Jacksonville, the Middle District of Florida entered a consent decree which concluded that The Catholic Store, a privately owned Catholic book store in Jacksonville, is exempt from Jacksonville’s public accommodations law. The order exempts the bookstore from the non-discrimination provisions relating to sexual orientation and gender identity.
  •  France’s Council of State upheld the government’s ban on Muslim girls wearing the abaya at school. The court found that the ban did not constitute a serious interference with private life, freedom of worship, or the right to education.

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

  • In Hindu American Foundation, Inc. v. Kish, a California federal district court ruled that the Hindu American Foundation lacks standing to challenge the California Civil Rights Department’s stance on caste discrimination being a part of Hindu teachings. The court found the organization’s complaint vague and insufficient in demonstrating whom it represented. The complaint broadly claimed to defend the rights of “all Hindu Americans” and “all Americans of faith.”
  • A Texas federal court imposed sanctions on Southwest Airlines for not adhering to a previous order which found the Airline guilty of violating Title VII by firing an employee who shared her religious views on social media. The court required three of the airline’s lawyers to attend religious liberty training by Alliance Defending Freedom (ADF), a Christian legal non-profit. In response to Southwest’s objection to training with an “ideological organization,” the court emphasized ADF’s track record in winning Supreme Court cases on religious liberties.
  • In Union Gospel Mission of Yakima, Wash. v. Ferguson, a Washington federal district court dismissed, on federalism grounds, the plaintiff’s challenge to the the Washington Supreme Court’s interpretation of the state’s ministerial exception doctrine. The federal court saw the plaintiff’s challenge as an indirect attempt to overturn a prior state court decision in violation of the Rooker-Feldman Doctrine.
  • In Tilsen v. Benson, the Connecticut Supreme Court declined to a ketubah, or Jewish marriage contract, in an alimony decision. The court determined that the contract was vague and that enforcing it could breach the establishment clause. The court noted that parties could craft clear agreements that respect religious beliefs without causing legal conflicts.
  • In David v. South Congregational Church, a Massachusetts court dismissed a member’s defamation lawsuit against a church and its leaders. The member was removed from church committees over alleged unethical financial conduct. The court declined to intervene in church disciplinary decisions.
  • Three musicians have filed a lawsuit against the North Carolina Symphony alleging religious discrimination following their termination for refusing the Symphony’s 2021 COVID-19 vaccine mandate. The plaintiffs claim the Symphony violated the First Amendment and Title VII of the Civil Rights Act of 1964 by mandating the vaccine despite their religious objections. The Symphony, which reversed its vaccine mandate in August but did not reinstate the musicians, denies any wrongdoing and insists its actions were in line with health guidelines and the policies of other symphonies.

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

  • In In re Parks v. Commissioner of Labor, the Appellate Division of the New York State Supreme Court upheld the denial of unemployment compensation to a medical center security guard who was terminated for refusing to comply with a Covid vaccine mandate. The court ruled that the state mandate did not allow for a religious exemption, and the security guard’s religious beliefs did not excuse compliance with a valid, religion-neutral law of general applicability. The court held that when employment is terminated due to noncompliance with such a law, even when the motives for noncompliance are religious in nature, the First Amendment does not prevent the denial of unemployment insurance benefits if the mandate has a “rational public-health basis” and is justified by a compelling government interest.
  • New York City Mayor Eric Adams announced a new initiative allowing mosques to broadcast the call to prayer on Fridays and during Ramadan without requiring a permit. The initiative comes with new legal guidance from the NYPD, emphasizing that the call to prayer is permitted in the city despite sound restrictions in neighborhoods. Mosques can now broadcast the call to prayer on Fridays from 12:30 PM to 1:30 PM and during the sunset prayers throughout Ramadan, with collaborative efforts between the NYPD Community Affairs Bureau and Muslim faith leaders to ensure compliance with noise regulations.
  • In Rutan-Ram v. Tennessee Department of Children’s Services, the Court of Appeals of Tennessee reversed the decision of a trial court that held a Jewish couple did not have standing to sue the Tennessee Department of Children’s Services. The couple sued because they were denied foster training by a state-subsidized child-placement agency because they did not share the agency’s religious beliefs. The court held that there was an injury in fact because the Tennessee statute that protected faith-based agencies from providing services to those that did not share their belief made it more difficult for members of one group to obtain services.
  • In Lax v. City University of New York, the New York Kings County Supreme Court allowed five Orthodox Jewish faculty members at Kingsborough Community College to proceed with their religious hostile work environment and retaliation claims against the school. The Jewish faculty members allege that they have been subjected to pervasive discrimination by another faculty group called the Progressive Faculty Caucus (PFC). 
  • The U.S. Conference of Catholic Bishops filed an amicus brief with the Supreme Court in a case regarding whether, consistent with the Second Amendment, the government may prohibit firearm possession by a person with a domestic violence restraining order. The brief states that the bishops support measures that control the sale and use of firearms and make them safer.
  • Kentucky, Alabama, Arkansas, Idaho, Iowa, Mississippi, Missouri, Montana, Nebraska, South Carolina, Tennessee, Texas, Utah, and West Virginia all signed an amicus brief supporting certiorari in a case challenging a New York law that bars counseling within a hundred feet of an abortion clinic, including on public sidewalks. The Second Circuit upheld the law based on Hill v. Colorado (2000).

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

  • In Mahmoud v. McKnight, the United States District Court for the District of Maryland refused to allow parents to opt their public-school children out of classroom reading and discussion of books with LGBTQ themes because the books’ messages violate the parents’ sincerely held religious beliefs. 
  • In Country Mill Farms, LLC v. City of East Lansingthe Eastern District of Michigan held that the city violated the Free Exercise rights of Country Mill Farms when the city refused to invite Country Mill to be a vendor at East Lansing’s Farmer’s Market because Country Mill violated the city’s anti-discrimination ordinance by refusing, for religious reasons, to rent its farm out for same-sex weddings. The court held that the discrimination ban was not generally applicable because exemptions in the ordinance allow the city to do business with firms that discriminate on the basis of sexual orientation. 
  • In Satz v. Satz, a New Jersey state appellate court upheld a trial court’s order to enforce a marital settlement agreement that the parties entered into in connection with their divorce proceedings. One provision in the agreement obligated the parties to comply with recommendations of a Jewish religious court (beis din) that required the husband to give a get (Jewish bill of divorce) to the wife. The husband’s argument that the trial court’s enforcement of the agreement violated the Establishment Clause was rejected by the appellate court.
  • In Deutsche Evangelisch Lutherische Zions Gemeinde v. Evangelical Lutheran Church in America, a New York state trial court dismissed a suit brought by a German Lutheran church in Brooklyn that claims it broke away from its parent bodies because of the parent bodies’ stance accepting same-sex marriage and ordination of gay clergy. The church asked the court to determine that its membership with the parent bodies was terminated and that the parent bodies could not take control of their church property.
  • In a press release, the Catholic Archdiocese of San Francisco announced that it has filed for Chapter 11 Bankruptcy Reorganization in order to resolve over 500 lawsuits alleging child sexual abuse brought under California Assembly Bill 218, which re-opened the statute of limitations for sexual abuse claims that would otherwise be time barred.
  • The UN Security Council scheduled an emergency meeting to address the worsening situation–and burgeoning humanitarian crisis–in the conflict between Azerbaijan and Armenia. In the Nagorno-Karabakh region, Azerbaijan took control of the only road leading to Armenia, which has created unlivable conditions in the region, leaving the Armenian Christian population without food and medicine.

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

  • In St. Augustine School v. Underly, the 7th Circuit addressed a long-standing dispute over transportation benefits for private religious schools in Wisconsin. While a state statute allows these benefits for only one school from a single organizational entity in each district, the court had previously ruled that the state Superintendent wrongfully denied St. Augustine School these benefits. However, in the latest decision, the 7th Circuit declined to address federal constitutional issues the plaintiffs raised, emphasizing that the court would not provide an advisory opinion on an unnecessary theory, and upheld the district court’s declaratory judgment without an injunction or damages.
  • In Spirit of Aloha Temple v. County of Maui, a Hawaii federal district court ruled in favor of the Spirit of Aloha Temple regarding their special use permit on agriculturally-zoned land for religious purposes. The court decided the state did not meet the strict scrutiny standard, but other issues, including whether the denial imposed a significant religious burden, remained unresolved. The case emphasizes that under RLUIPA, there must be evidence of intent to discriminate when regulations are neutral.
  • The Catholic Archdiocese of Denver and two Catholic schools filed a lawsuit in Colorado federal district court against restrictions in Colorado’s universal preschool funding program. The suit, St. Mary Catholic Parish in Littleton v. Roy, argues that the program’s conditions infringe on their free exercise and free speech rights by not allowing preference for Catholic families and imposing non-discrimination requirements that conflict with Catholic teachings. The program’s rules also challenge the schools’ stances on matters of marriage, gender, sexuality, and biological sex-based regulations.
  • In Chesley v. City of Mesquite, a Nevada federal district court dismissed former police chief Joseph Chesley’s lawsuit against the city and its former city manager for circulating damaging rumors about him, including to his church members. Chesley claimed that the rumors and the city’s failure to stop them violated his free exercise rights by tarnishing his reputation within his church and hindering his worship experience. The court rejected this claim, noting that the subjective harm to his reputation didn’t amount to a “substantial burden” on his religious rights.
  • In Cristello v. St. Theresa School, the New Jersey Supreme Court ruled in favor of a Catholic school that terminated an unmarried art teacher who became pregnant, due to her violation of an employment agreement to abide by the teachings of the Catholic Church, which agreement prohibited premarital sex. The teacher had claimed pregnancy and marital status discrimination under the New Jersey Law Against Discrimination (LAD). The court determined that the school was protected by the LAD’s exception for religious organizations, asserting that such decisions can be made using neutral principles of law without entangling courts in religious matters.
  • Following accusations of blasphemy against a young Christian man, a mob in Faisalabad, Pakistan, attacked multiple Christian homes and churches, setting them ablaze. The outburst of violence was triggered when torn pages from the Quran with alleged blasphemous content were found near the Christian community, leading local religious leaders to call for protests.
  • The Nicaraguan government has seized the University of Central America, a prominent Jesuit-run institution, alleging it to be a “center of terrorism.” This move is the latest in a series of crackdowns on the Catholic Church, opposition figures, and academic institutions by President Ortega’s regime, with over 26 Nicaraguan universities confiscated since December 2021. The widespread confiscations and expulsions, targeting churches, civic groups, and opposition members, reflect a broader erosion of democratic norms and a suppression of civil society in Nicaragua.

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

  • In We the Patriots USA, Inc. v. Connecticut Office of Early Childhood Development, the 2d Circuit upheld the constitutionality of Connecticut’s decision to repeal religious exemptions from its mandatory vaccination laws, while still permitting medical exemptions. The court found that the act was neutral under Smith and thus dismissed plaintiffs’ challenges.
  • In Sims v. Secretary, Florida Department of Corrections, the 11th Circuit found that in a suit where a Muslim inmate argued that he was denied an exemption from a Florida prison’s grooming rules requiring beards be no longer than half an inch, the Prison Litigation Reform Act’s requirement that inmates exhaust administrative remedies before filing suit only required him to exhaust the prison system’s grievance process. The Department of Corrections argued that the PLRA required inmates to file a rule change petition before filing suit.
  • In Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, the 9th Circuit reversed dismissal of a suit brought by a former member of the LDS Church who alleged fraud on part of the church after he contributed $2.6 million in tithes to the church. The court rejected the Church’s argument that the suit was precluded by the ecclesiastical abstention doctrine.
  • In Carter v. Transport Workers of America, Local 556, the Northern District of Texas ordered sanctions against Southwest Airlines for failing to comply with a prior order that found Southwest violated Title VII by terminating a flight attendant for posting her religiously-motivated views of abortion on her social media. The court also ordered Southwest’s attorneys to attend at least 8 hours of religious liberty training.
  • In Burke v. Walsh, a Catholic couple filed suit against a foster care agency in the District of Massachusetts. The couple brought free speech and free exercise challenges because the agency denied them a foster care license because they “would not be affirming to a child who identified as LGBTQIA.”
  •  In Doe No. 1 v. Bethel Local School District Board of Education, the Southern District of Ohio dismissed a suit brought by Muslim and Christian plaintiffs alleging free exercise, due process, and equal protection challenges to a school board’s policy allowing students to use the bathroom of their gender identity.

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

  • In The Satanic Temple, Inc. v. City of Boston, a Massachusetts federal district court affirmed Boston City Council’s refusal to invite a representative of The Satanic Temple (“TST”) to deliver an invocation. The court did not find evidence of discrimination against TST based on its religious beliefs, citing evidence that the councilors typically invited community-involved speakers serving their constituents, a qualification TST did not meet. While the court acknowledged the potential for abuse due to lack of formal written policy on selecting invocation speakers, it maintained that “the lack of a formal, written policy does not by itself create a constitutional problem.”
  • In Children of the Kingdom v. Central Appraisal District of Taylor County, a Texas state appellate court affirmed a $32,000 property tax assessment against a religious organization that did not apply for a tax exemption. The court rejected the organization’s claim that the exemption application requirement violated their First Amendment rights, stating it was a neutral and generally applicable requirement designed to maintain equality and uniformity in the property tax system.
  • In Salado v. Roman Catholic Diocese of El Paso, a Texas state appellate court determined that the ecclesiastical abstention doctrine prevented the court from ruling on whether funds raised by parishioners to construct a new church were improperly used by the diocese. The diocese had chosen to merge the parish with another and transfer the $1.4 million in funds to the new joint parish. The court stated: “To resolve the dispute… would require this Court to interpret Canon Law and policies of the Roman Catholic Church regarding the rights and authority of bishops regarding the patrimony of a parish. Churches have a fundamental right “to decide for themselves, free from state interference, matters of church government[.]”
  • A lawsuit was filed in Oklahoma state court challenging the state’s Virtual Charter School Board’s approval of a state-funded, Catholic-sponsored charter school, St. Isidore’s. The plaintiff alleges that St. Isidore’s operation would violate the Oklahoma Constitution, Charter Schools Act, and Board regulations, particularly on grounds of religious discrimination based on sexual orientation and gender identity, and non-compliance with nonsectarian requirements.
  • A law mandating the display of the national motto, “In God We Trust“, in all public school classrooms across Louisiana has taken effect with the start of the new school year. Democrat Gov. John Bel Edwards signed the House Bill 8 into law, which passed without any opposition in the Republican-led state Senate and House of Representatives. The legislation applies to public post-secondary institutions as well.
  • Ukrainian President Volodymyr Zelenskyy has signed a law to change the date of Christmas celebrations from January 7, followed by the Russian Orthodox Church, to December 25. As stated in an attached explanatory note, this move is part of an effort to “abandon the Russian heritage” and align more with Ukrainian traditions and holidays. The law also adjusts the dates for two other Ukrainian patriotic holidays.
  • Ilya Solkan, a priest in a small village near Kyiv, Ukraine, was expelled by his parishioners for introducing politics into his pastoral care and expressing support for Kremlin’s policies. Solkan belongs to the branch of the Orthodox Church tied to the Russian Orthodox Church in Moscow, which is seen by many Ukrainians as a symbol of Russian influence. Amid escalating tensions due to war, Ukraine is experiencing a growing rejection of the church’s Moscow-linked arm, and more than 1,500 local churches have switched allegiance to the Ukrainian national church. Solkan, now unemployed and ostracized, continues to hold services at his home and is attempting to regain his position through a lawsuit. Meanwhile, the villagers have welcomed a new priest from Ukraine’s national church.


Around the Web

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

  • In Cedar Park Assembly of God of Kirkland, Washington v. Kreidler, the Western District of Washington dismissed a free exercise challenge by a church to a law requiring health insurance plans that provide maternity coverage to provide substantially equivalent abortion coverage as well. The court dismissed the challenge, finding that the law was neutral and generally applicable, and that it served a legitimate governmental purpose.
  • In Kumar v. Koester, the Central District of California dismissed for lack of standing free exercise and equal protection challenges to CSU’s use of the term “caste” in its interim non-discrimination policy. However, the court concluded that plaintiffs, Hindu professors, could bring Establishment Clause and vagueness claims.
  • In Society of the Divine Word v. U.S. Citizenship & Immigration Services, the Northern District of Illinois rejected RFRA, free exercise, Establishment Clause and equal protection challenges to a federal law allowing foreign-born ministers and international religious workers to file for green cards only after their employers obtain special immigrant religious worker classifications for them. Employees of non-religious organizations may file for green cards concurrently with their employers’ filings.
  • In Ellison v. Inova Health Care Services, three hospital employees sued under Title VII in the Eastern District of Virginia because their applications for religious exemptions from the Covid vaccine mandate were rejected. The court found one of the plaintiff’s objections, involving aborted fetal cell lines, was linked to plaintiff’s religious beliefs, but that the other objections were not religious in nature. 
  • On July 24, the Guam legislature overrode Governor Lourdes Leon Guerrero’s July 12 veto of Bill No.62-37, which allows private and religious schools to petition to convert to government-funded Academy Charter Schools, by a 13-0 vote. The legislation authorizes up to 7 charter schools to operate at any one time.
  • On July 14, the United Nations Human Rights Council adopted Resolution A/HRC/53/L.23Countering Religious Hatred Constituting Incitement to Discrimination, Hostility or Violence, which condemned the burning of the Qur’an, affirming it as an “offensive, disrespectful and a clear act of provocation, constituting incitement to discrimination, hostility or violence and a violation of international human rights law.”