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Legal Spirits 068: Religion at the Court: October Term 2024 Recap

In this episode of Legal Spirits, we review the Supreme Court’s major religion cases from the October 2024 Term. From religious charter schools to religious exemptions to parental rights in public education, the Court addressed long-standing issues—and, in one case, made a dramatic move. Join Center Director Mark Movsesian and guest John McGinnis as they unpack the implications of Drummond, Catholic Charities Bureau, and Mahmoud v. Taylor.

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Legal Spirits 067: Confession and the Constitution

Washington State Gov. Bob Ferguson at the Signing Ceremony for the New Clergy Reporting Law

In this episode of Legal Spirits, we examine a new Washington State law that eliminates the clergy-penitent privilege in child abuse reporting. The law requires clergy to report suspected abuse, even if they learn about it through Confession and other confidential spiritual communications—raising serious questions under the Free Exercise Clause. Host Mark Movsesian and guest Marc DeGirolami discuss the legal framework, historical background, and broader implications for religious liberty. Listen in!

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Legal Spirits 066: The International Moot Court Competition in Law & Religion

We’re back after a bit of a hiatus with a new Legal Spirits episode. Center Director Mark Movsesian talks with Professors Andrea Pin and Luca Vanoni about the International Moot Court Competition in Law and Religion, an annual event that gathers law students from the US and Europe to argue a case before panels representing the European Court of Human Rights and the US Supreme Court. Andrea and Luca discuss how they came up with the idea for this unique competition, its pedagogical goals, and why it has succeeded for a decade and counting. Listen in!

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Around the Web

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

  • In United States v. Safehouse, the Third Circuit heard arguments on whether a nonprofit aiming to open a safe injection site can invoke religious protections under the Free Exercise Clause or RFRA, after a lower court ruled that the founders’ religious motivations alone do not shield the group from federal drug laws.
  • In Mennonite Church USA v. U.S. Department of Homeland Security, a D.C. federal court declined to issue a preliminary injunction to reinstate DHS’s “sensitive locations” policy, holding that the plaintiff religious organizations lacked standing to challenge its rescission based on speculative risks of enforcement at places of worship, decreased attendance, restricted services, and added security costs.
  • In Catholic Benefits Association v. Lucas, a North Dakota federal court issued a permanent injunction shielding a Catholic diocese and employers’ group from EEOC enforcement of federal anti-discrimination rules in ways that would compel them to support or accommodate abortion, fertility treatments, or gender transitions contrary to their religious beliefs.
  • In Kynwulf v. Corcoran, an Ohio federal court dismissed a Free Exercise claim challenging Medicaid’s estate recovery rules, holding that the plaintiff was not coerced into participation and could not demand that the state tailor its program to his religious beliefs.
  • In People of the State of California v. Calvary Chapel San Jose, a California appellate court upheld over $1.2 million in fines against the church for violating Covid-era health orders, rejecting its Free Exercise and due process claims by finding the mandates neutral and generally applicable.
  • West Virginia signed a new law, the Parents’ Bill of Rights, granting parents wide-ranging authority over their children’s education, healthcare, and moral upbringing, with state interference allowed only under a compelling interest and narrowly tailored means. 
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Around the Web

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

  • In Anchor Stone Christian Church v. City of Santa Ana, a federal district court in California issued an injunction allowing a church to renovate an office building it acquired. The court held that the city’s denial of a conditional use permit to the church violated RLUIPA and the Free Exercise clause. 
  • An international human rights lawyer urged President Trump to fulfill his campaign promise of facilitating an agreement for the release of Christian Armenian POW’s in Azerbaijan.
  • The Georgia legislature passed the Georgia Religious Freedom Restoration Act, which requires that substantial burdens on the exercise of religion be justified by a compelling interest. A clause was added stating that “granting government funding, benefits, or exemptions” would not violate the act.
  • Kansas governor Laura Kelly vetoed a House Bill which, if passed, would ensure religious liberty for prospective foster families. The bill was designed to prohibit the state from requiring families to accept certain ideological policies which may conflict with their religious beliefs.
  • A federal district court held that two Jewish groups can pursue equal protection and free exercise claims against the University of California, Berkeley, regarding antisemitic treatment.
  • India’s parliament passed a new bill that amends the laws governing Muslim land endowments, allowing non-Muslims to manage the properties (known as waqfs).

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Around the Web

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

  • This past Monday, the U.S. Supreme Court heard oral argument in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission. Catholic Charities alleges that Wisconsin violated the First Amendment by denying the organization a religious exemption from the state’s unemployment compensation law.
  • In Turman v. Abyssinian Baptist Church, a New York federal district court held that the ministerial exception barred the court from considering a sex discrimination claim by a female clergy member who sought employment as senior pastor of Abyssinian Baptist Church.
  • Oklahoma recently filed a complaint in an Oklahoma federal district court seeking to enjoin the Freedom from Religion Foundation from sending demand letters to Oklahoma public school officials requesting that they refrain from teaching about the Bible and from allowing students a moment of silence to reflect, meditate, pray, or engage in any other silent activity.
  •  In Dimeo v. Gross, a Pennsylvania appellate court held that a trial court’s refusal to delay the start of a trial by one day so that the defendant could observe Yom Kippur did not violate the Free Exercise Clause of the First Amendment.
  • China has recently imposed new restrictions that ban foreign clergy residing in the country from establishing religious organizations, preaching without authorization, founding religious schools, producing or selling religious books, accepting religious donations, or recruiting Chinese citizens as religious followers.
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Around the Web

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

  • Yeshiva University recently settled a protracted lawsuit with a student-led LGBT group by granting it formal recognition as a student organization, allowing it access to campus facilities and university funding. The lawsuit arose from the school’s refusal to recognize the group on religious grounds, whereas the group claimed such a refusal violated New York antidiscrimination statutes.
  • The state legislature of Kentucky recently passed a joint resolution directing the return of a monument displaying the Ten Commandments to the state’s Capitol Grounds. Temporarily removed during the 1980s due to construction, its return was enjoined by the Sixth Circuit Court of Appeals, citing the now-defunct Lemon test as rendering the monument violative of the Establishment Clause. In light of recent Supreme Court jurisprudence declaring the Lemon test overruled, the state legislature voted to reinstate the monument.
  • A Catholic diocese and a Christian pregnancy center filed suit against the State of Illinois, challenging recent amendments to the Illinois Human Rights Act that prevents discrimination against employees based on their reproductive health choices. The plaintiffs allege that the amendments burden their Free Exercise rights by preventing them from making faith-based employment decisions, and coercing them to associate with individuals whose actions undermine their staunchly pro-life mission.
  • The Kansas state House of Representatives issued a condemnation against a “Black Mass” to take place on the state capitol grounds, citing its clear anti-Catholic animus and blatant disrespect to Christianity. The procession involves the use of a consecrated Catholic host, viewed as a clear mockery and distortion of the Catholic Eucharist, and an alleged affront against the religious sensibilities of “all people of good will.”
  • A New York federal district court ruled that a gender support plan that involved hiding a students social gender transition from her parents did not violate the Free Exercise or Due Process rights of her parents. The Court held that the plaintiff was free to exercise her religious and parental rights over her daughter in the household, and that a school policy that existed for the voluntary benefit of students does not endorse a religious message.
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Around the Web

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

  • In Royce v. Pan, a California federal court upheld the state’s repeal of the “personal belief” exemption from school vaccination requirements, rejecting claims that the law was hostile to religion. The court found that the law was neutral and generally applicable, and that the removal of the exemption did not unfairly target religious practices.
  • In Shash v. City of Pueblo, a Colorado district court rejected a Native American plaintiff’s RLUIPA and free-exercise claims after he was arrested for DUI, as he objected to a blood alcohol test on religious grounds. The court found that RLUIPA did not apply because the plaintiff was not confined to a qualifying institution, and dismissed the First Amendment claim on qualified immunity grounds, noting there was no evidence that the officers were aware of his religious beliefs or intentionally burdened his exercise of religion.
  • In Atlantic Korean American Presbytery v. Shalom Presbyterian Church of Washington, Inc., a Virginia appellate court dismissed a church property dispute, invoking the ecclesiastical abstention doctrine, which bars civil courts from intervening in religious matters. The court ruled that Shalom Presbyterian Church’s decision to seek civil court relief after previously submitting to the Presbyterian Church Synod’s authority amounted to a collateral attack on the Synod’s decision, violating constitutional principles of religious freedom.
  • Wyoming Governor Mark Gordon recently signed HB 0207, establishing the Wyoming Religious Freedom Restoration Act (RFRA), which mandates strict scrutiny of state actions that significantly burden a person’s religious exercise. Wyoming becomes the 29th state to adopt such a law.
  • Georgetown University argues that the government cannot control its DEI curriculum, citing the First Amendment and its Jesuit mission. This raises the question of whether religious freedom could protect religiously affiliated institutions from attacks on DEI practices, as faith-based colleges often defend their right to make decisions based on their religious tenets.
  • The U.S. Acting Solicitor General filed an amicus brief urging the Supreme Court to overturn an Oklahoma ruling that a Catholic-sponsored charter school violated the state constitution and the First Amendment’s Establishment Clause. The brief argues that the Free Exercise Clause prohibits excluding the religious school, noting that charter schools do not perform functions exclusively reserved to the state, and thus are not subject to the same constitutional constraints as government-run institutions.
    • Stay tuned for our Symposium on this case!
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Around the Web

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

  • Petitioners in Walke v. Walters asked the Oklahoma Supreme Court to issue an injunction barring the Oklahoma State Department of Education from distributing Bibles to classrooms in the state.
  • In Kumar v. Koester, the 9th Circuit held that Hindu professors did not have standing to oppose the inclusion of “caste” as a protected class in their university’s anti-discrimination policy.
  • The Supreme Court denied review in Hittle v. City of Stockton, California. The 9th Circuit had dismissed a religious discrimination suit brought by a city’s fire chief under Title VII.
  • Syria’s interim president signed an interim Constitution protecting freedom of belief for individuals of all religions.
  • The Federal Communications Commission has questioned Google regarding concerns that YouTube TV has been discriminating against faith-based channels on its streaming service.
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Around the Web

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

  •  In Miller v. McDonald, the Second Circuit held that New York did not violate Amish parents’ Free Exercise rights under the First Amendment when it removed a religious belief exemption from its school immunization law. The court found that the public health law in itself was generally applicable and that there was no evidence that the legislature’s decision to repeal the religious belief exemption in 2019 was motivated by anti-religious sentiment.
  • In CNS International Ministries, Inc. v. Bax, a Missouri federal district court held that a the ministerial exception did not cover a janitor and cafeteria worker at a religious organization that runs residential care facilities for children.
  • Recently, the U.S. Senate Judiciary Committee held a hearing to address how to combat antisemitism and antireligious hate crimes in general.
  • A group of Christian Patriarchs and Heads of Churches in Jerusalem have come together to issue a public statement denouncing foreclosure proceedings initiated against the Armenian Patriarchate. The foreclosure proceedings stem from an alleged tax debt levied against the Patriarchate, originating from a municipal tax from which Christian institutions have traditionally been exempt. Christian leaders believe that if the proceedings go unchallenged, it will only lead to more expropriation of Christian assets in Jerusalem.
  • Recently, rebels from an Islamic terrorist group stormed a village in the Congo and took approximately one hundred people hostage. From those taken, seventy bodies were discovered in a Protestant church in Lubero. Sources believe that these hostages were killed when they could no longer continue to march alongside their captors.