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

  •  In People v. Johnson, a California appellate court ruled that prohibiting a criminal defendant, an ordained minister, from wearing a clerical collar and having a Bible during trial was not a reversible error. The court found that this restriction did not affect the trial’s fairness or the verdict. 
  • In Gartenberg v. The Cooper Union for the Advancement of Science and Art, a New York federal court ruled that while Title VI must be applied consistently with the First Amendment, it still requires schools to address harassment that goes beyond protected speech. The court found that Cooper Union’s response to antisemitic intimidation, where protestors banged on a locked library door while Jewish students sheltered inside, was inadequate under Title VI, as the conduct was physically threatening and not shielded by free speech protections.
  • In Civil Rights Department v. Cathy’s Creations, Inc., a California appellate court ruled that a bakery violated state civil rights law by refusing to sell a predesigned white cake for a same-sex wedding reception. The court rejected the bakery’s free speech and religious freedom defenses, finding that its policy was facially discriminatory.
  • In Miller v. City of Burien, a Washington federal court upheld the city’s requirement that a Methodist church obtain a permit before hosting a homeless encampment on its property. The court ruled that the permit process did not substantially burden the church’s religious exercise, as the city’s request was a minor inconvenience aimed at ensuring safety.
  • In Roman Catholic Archbishop of Washington v. Doe, the Maryland Supreme Court upheld the retroactive elimination of the limitation period for filing child sexual abuse lawsuits, ruling that the General Assembly had the power to abrogate the statute of limitations.
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Around the Web

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

  • In Swiech v. Board of Education for the Sylvania City School District, an Ohio state appellate court affirmed the dismissal of a suit brought by an elementary school student’s mother, which claimed that differential bussing violated her free exercise rights.
  • Various Christian and Jewish organizations have sued the Department of Homeland Security in a D.C. federal district court over the rescission of the Sensitive Locations Policy, which limited immigration actions in places of worship.
  • In Zubik v. City of Pittsburgh, a federal district court in Pennsylvania barred the city of Pittsburgh from designating a closed Catholic church as a historic structure.
  • In Higgs v. Farmor’s School, Britain’s Court of Appeals held that the termination of a schoolteacher’s employment due to Facebook posts related to Christian beliefs was a violation of the Equality Act of 2010.  
  • In Calvary Temple Church of Evansville Inc. v. Kirsch, the Indiana Supreme Court provided a broad interpretation of a state statute which partially shields non-profit religious organizations from tort liability.
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Here are some important law-and-religion news stories from around the web:

  • President Donald Trump signed an executive order that established a temporary task force within the Justice Department aimed at eradicating anti-Christian bias within the federal government. The Executive Order names the Attorney General as the Task Force chair and vests within the Task Force with authority to review the activities of all executive departments and agencies for unlawful anti-Christian policies, practices, or conduct, recommend methods to revoke or terminate violative policies, develop strategies to protect the religious liberties of Americans, and more.
  •  In a new complaint filed for Arroyo-Castro v. Gasper, the plaintiff, a public school teacher,  alleges that DiLoreto Elementary & Middle School violated the Free Exercise clause when she was placed on administrative leave following her refusal to remove a crucifix that she had hung among other personal items in personal workspace near her classroom desk. The plaintiff alleges that the school district pressured her in several meetings to remove the crucifix, and suspended her for two days without pay shortly before placing her on administrative leave.
  • In Groveman v. Regents of the University of California, a California District Court recently dismissed a suit alleging that the University of California Davis alleging that the University violated the plaintiff’s First and Fourteenth Amendment rights when it allowed a pro-Palestinian encampment to operate on campus grounds and exclude Plaintiff from walking on the sidewalk where the encampment was located, despite the fact that the encampment violated school policy. The District Court found that the causal connection between the University’s inaction and the injury the plaintiff suffered was too attenuated for a Free Exercise claim to survive. Further, the District Court held that it was impossible to draw a plausible inference that the defendant’s inaction favored or disfavored any religion or burdened the plaintiff’s religious exercise.
  • The Australian Parliament recently passed new amendments to the country’s Hate Crimes Law, strengthening the punishments for existing offenses that urge and force violence and creating new offenses that threaten force or violence against targeted groups and members of groups. These amendments were passed following several high-profile incidents of antisemitism that have risen across the country.
  • The Supreme Court of India recently held that the government of Chhattisgarh has two months to demarcate new, exclusive burial sites for Christians in an attempt to reduce disputes over burial grounds. The Supreme Court’s decision was made against the backdrop of continued persecution by Chhattisgarh state officials, in which Christians have been routinely (and sometimes violently) denied the right to a Christian burial.
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Here are some important law-and-religion news stories from around the web:

  • The Justice Department recently reached a settlement with a township in Pennsylvania on behalf of group of Old-Order Amish residents who were penalized for failing to connect to the town’s sewage system and placing permanent outhouses on their property. The Justice Department brought suit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), and the settlement requires the Township to exempt certain households, as well as forgive any outstanding liens or fines arising from the violations.
  • President Trump issued an executive order intended to combat antisemitism, reaffirming Executive Order 13899 issued during his prior administration.
  • A court in Ukraine recently suspended the evictions of Orthodox monks from the Kiev Caves Lavra Monestary, among the most famous of Orthodox monasteries in Ukraine and spiritually significant to Orthodox Ukrainians and Russians. The monastery has been state-owned since the Soviet era, and the Brotherhood’s contract with the State of Ukraine was terminated as part of a general trend of discrimination against the Ukrainian Orthodox Church/Moscow Patriarchate, partially in response to the Russian invasion of Ukraine.
  • In Little v. Los Angeles County Fire Department, a California federal district court allowed an Evangelical Christian lifeguard’s free exercise and Title VII claims to proceed in a case seeking a religious accommodation to displaying a pride flag on his lifeguard stand.
  • US Catholic Bishops have petitioned believers to urge their members of Congress to resume foreign aid programs recently suspended by the Trump administration.
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Here are some important law-and-religion news stores from around the web:

  • The Supreme Court granted certiorari to review an Oklahoma Supreme Court decision blocking a Catholic school from becoming a public charter school. The state court ruled that allowing a Catholic school to operate as a public charter school violated the Establishment Clause, while the school argues the decision violates the Free Exercise Clause.
    • The Mattone Center will co-sponsor a symposium on this case in April. Stay tuned for details.
  • In Bagal v. Sawant, the 9th Circuit ruled that a Hindu living in North Carolina lacked standing to challenge Seattle’s Anti-Caste Discrimination Ordinance. The court found no credible threat of enforcement for activities like ordering a vegetarian meal or wearing a Mauli thread during planned future visits to Seattle, as the ordinance does not regulate these practices.
  • In Rodrique v. Hearst Communications, Inc., the 1st Circuit upheld the dismissal of a Title VII lawsuit filed by a TV news photographer who sought a religious exemption from his employer’s COVID vaccine mandate. The court ruled that the employer successfully proved an undue hardship defense, stating it reasonably relied on scientific evidence showing that vaccinated employees are less likely to transmit COVID-19, rather than basing it on the plaintiff’s religious beliefs.
  • In Winder v. United States, a Texas federal court dismissed a negligence suit against an Army Chaplain over advice to involve law enforcement in a suicide threat, which led to a fatal confrontation. Citing the ecclesiastical abstention doctrine, the court held that deciding the case would improperly require examining the Chaplain’s religiously-informed duty of confidentiality.
  • In St. Luke’s Health System, Inc. v. State of Kansas ex rel. Schultz, the Kansas Court of Appeals held that employees seeking a religious exemption from a COVID-19 vaccine mandate only need to provide a written statement explaining how the mandate violates their sincerely held religious beliefs, emphasizing that the state statute prohibits employers from questioning the sincerity of the employee’s beliefs.
  • Harvard University has reached a settlement in a lawsuit filed last May, accusing it of tolerating antisemitic bullying and discrimination against Jewish and Israeli students in violation of Title VI of the Civil Rights Act. As part of the settlement, Harvard will adopt the IHRA definition of antisemitism for discipline, recognize Zionism as a protected category, create a dedicated position for antisemitism complaints, and implement various measures, including annual public reporting and mandatory staff training.
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Here are some important law-and-religion news stores from around the web:

  • The Supreme Court agreed to hear a religious-liberty challenge to a Montgomery County, Maryland policy that ended opt-outs for parents who object to elementary-school instruction involving themes of sexuality and gender identity.
  • This week, in an ongoing battle between Southern Methodist University and the United Methodist Church, the Texas Supreme Court heard oral arguments regarding SMU’s desire to separate from the church.
  • In Secular Alliance v. U.S. Department of Education, the D.C. federal district court dismissed some of plaintiff’s claims regarding a rule prohibiting schools that receive Education Department funding from denying benefits to secular groups due to their religious beliefs.
  • Several Jewish schools in New York have filed suit against the U.S. Department of Education’s Office of Civil Rights, alleging that the department discriminated against them under Title VI by interfering with and disfavoring Jewish Studies curricula.
  • In Calvary Chapel Belfast v. University of Maine System, a Maine federal district court refused to issue a temporary restraining order in the Church’s suit against the University. The church alleges that the university’s decision to rescind the sale of a satellite campus to the church constituted Free Exercise and Equal Protection Clause violations.  
  • The American Humanist Association has filed suit against West Virginia for a grant of $5 million to a Catholic trade college, alleging that the grant violates the West Virginia constitution by awarding taxpayers’ money to a Catholic institution.
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Around the Web

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

  • The First Circuit heard oral arguments in St. Dominic Academy v Makin and Crosspoint Church v Makin. Both cases stem from the aftermath of the Supreme Court’s decision in Carson v. Makin and involve challenges to a Maine statute that provides that schools receiving state funds cannot discriminate based on religion, sexual orientation, or gender identity. Plaintiffs allege that the Maine law has the effect of excluding certain Christian schools from Maine’s tuition assistance program.
  • In a new complaint in Berkemeir v. Genesee County Museum, the plaintiff alleges that the Genesee Country Museum violated the Free Exercise and Free Speech Clauses when it fired her because of her belief that the Museum’s Diversity, Equity, Acceptance, and Inclusion program was inconsistent with her sincerely held beliefs.
  • Louisiana Attorney General Liz Murrill posted Guidance regarding a Louisiana law that requires the display of the Ten Commandments in each public school classroom. Released after a Louisiana Federal District court enjoined five parishes from implementing the new law, the Guidance now requires posting only if the displays themselves or funding for the displays are donated and imposes no punishment if a school does not display the Commandments.
  • In Garner v. Southern Baptist Convention, the Tennessee Court of Appeals at Knoxville held that a defamation suit brought by a Baptist pastor against the Southern Baptist Convention cannot be excluded from judicial consideration under the ecclesiastical abstention doctrine. The Court of Appeals held that the suit did not require the court to resolve any religious disputes or to rely on religious doctrine, but was focused almost entirely on the Baptist Convention’s purported publication of written and oral statements that Mr. Garner was “an individual with an alleged history of abuse.”
  • The Pew Research Center recently published a study of the religious affiliation of members of the 119th Congress. The article reports 86.7% of the members of the Senate and House combined are Christian, of which 55.5% are Protestant, 28.2% Catholic, 1.7% Latter Day Saints, 1.1% Orthodox Christians, and 0.2% Messianic Jewish. Six percent of Congress is Jewish. Muslim, Hindu, Buddhist, Unitarian Universalists, and Humanist adherents account for less than 1 %. The religious affiliation of 3.9% of Congress is unknown.
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Legal Spirits 065: Reading CS Lewis in Law School

Photo: Reasonable Theology

In this episode, Fordham Law Professors Sean Griffith and Richard Squire join Mattone Center Director Mark Movsesian to talk about their experience leading a discussion of CS Lewis’s Mere Christianity in a student reading group this past semester. Sean and Richard discuss their goals in establishing the group, their students’ response to Lewis–in particular, his defense of natural law and Christian ethics–and the value of taking Christianity seriously as a matter of faith and intellect at a 21st-century American law school. A fascinating and wide-ranging discussion. Listen in!

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Around the Web

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

  • The Second Circuit recently heard oral arguments in Miller v. McDonald. The lower court upheld New York’s removal of religious exemptions for vaccine requirements, rejecting free exercise claims by Amish communities.
  • An individual filed suit in a Michigan federal district court alleging discrimination by a theater that was hosting a Harris campaign rally. Plaintiff is a Muslim American who was running for the House of Representatives; his complaint alleges he was escorted out of the theater by the Secret Service based on his religion and ethnicity. 
  • The Ninth Circuit held that a law in California, which disqualified religious backed institutions form being state certified special needs schools, is unconstitutional.
  • In Texas, the Board of Education adopted a curriculum in elementary schools which implements optional Bible based education.
  • Legal experts vow to appeal a decision coming from India’s Supreme Court, which recently overturned a long standing policy that prohibited taxing the income of nuns and priests within government funded Catholic institutions.  
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Legal Spirits 064: A City Upon a Hill

Ever since President Ronald Reagan popularized the phrase in the 1980s, American leaders have referred to the United States as the “shining city on a hill.” Reagan adapted the phrase from John Winthrop, the 17th century governor of the Massachusetts Bay Colony, who himself took it from the Gospel of Matthew. But the message has changed down the centuries. What began as a warning to carry out faithfully a mission from God became a boast about the United States and the benefits of human freedom. In this episode, Notre Dame historian Don Drakeman explores the original meaning of Winthrop’s text (Don argues it was in part a sales pitch to Puritan investors!) and its meaning today. Both are part of the American tradition: which meaning is the “real” one? Listen in!

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