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

  • A petition for certiorari was filed in Apache Stronghold v. United States after the Ninth Circuit refused to enjoin the government from transferring federally-owned land to a copper company. The land is alleged to have significant spiritual significance to the Apache Nation, and the petitioners claim violations of the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment.
  • The Ukrainian Supreme Court decided to formally ban the Ukrainian Orthodox Church of the Moscow Patriarchate, the largest religious organization in Ukraine, after years of church confiscations and harassment of believers. The law bans all religious organizations with ties to Russia, and gives the Church nine months to either merge with a mostly-unrecognized nationalist church, or formally disavow all of its connections with the Russian Orthodox Church.
  • In Edison v. South Carolina Department of Education, the South Carolina Supreme Court held that a state scholarship for private school students violates the State’s Constitution, which prohibits public funds to be used for the direct benefit of religious or private educational institutions. The program allowed beneficiaries to use the state-provided scholarship funds to pay for their private school tuition.
  • The Tenth Circuit reversed the dismissal of a discrimination claim brought by a school administrator, who was fired after complaining about the depiction of Christians in a school play. Although the Court said that the Plaintiff’s words were not protected as they were made in the course of performing his official duties, it reversed due to sufficient facts being raised that gave rise to an inference of discrimination.
  • The Ninth Circuit held that a municipal law mandating tree-trimming did not violate the Free Exercise rights of a resident who claimed his religious and spiritual beliefs were substantially burdened by the regulation. The Court held that the Free Exercise Clause does not relieve an individual of the duty to comply with a neutral law of general applicability.
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Here are some important law-and-religion news stories from around the web:

  • In Mustin v. Wainwright, the Sixth Circuit reversed a lower court’s decision dismissing a Free Exercise and RLUIPA claim brought by a Muslim inmate at a correctional facility. The Sixth Circuit reasoned that the plaintiff was likely to succeed in his Free Exercise and RLUIPA claims, as it found that Defendants’ failure to provide adequate space to plaintiff and other Muslim inmates, as well as the serving of raw, expired, or pork-incorporated food, satisfied the plaintiff’s burden in pleading that the correctional facility placed a substantial burden upon his ability to practice his religion freely.
  • In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., the Eleventh Circuit affirmed a lower court’s decision rejecting a Christian private schools claims that the Association’s refusal to allow the school to use the state championship football stadium’s PA System to lead a pre-game prayer violated the school’s free speech and free exercise rights. The Eleventh Circuit reasoned that because the government is the entity engaging in speech at the games, the government’s control over the content of its message does not infringe upon the school’s rights.
  • In Reinoehl v. Penn-Harris-Madison School Corporation, an Indiana District Court held that a public school that teaches the theory of evolution as part of its state-mandated science curriculum does not violate the Establishment Clause. The District Court rejected Plaintiff’s claim that the theory of evolution originates from the religion of atheism, instead holding that evolution is not a religion and that the idea that it may incidentally coincide with certain tenets of atheism does not render the teaching of evolution in public schools violative of the Establishment Clause.
  • In Doe v. First Baptist Church of Pierce City, Missouri, the Missouri Court of Appeals referred to the State’s Supreme Court the question whether the Establishment Clause prevents a court from determining if a youth pastor negligently failed to supervise children in a youth ministries program.
  • The National Labor Relations Board has filed a complaint against Edward Waters University in Florida for withdrawing recognition of its faculty labor union. The university, which is affiliated with the African Methodist Episcopal Church, argues that its rights as a religious educational institution permit it to withdraw recognition of the union.
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Here are some important law-and-religion news stories from around the web:

  • In National Religious Broadcasters v. Werfel, filed in federal district court in Texas this week, plaintiffs claim that the Johnson Amendment is unconstitutional as it applies to churches. This amendment prohibits tax-exempt organizations, including churches, from supporting or opposing political candidates.   
  • In Hunter v. U.S. Dep’t of Education, the 9th Circuit held that the religious exemption in Title IX violates neither the Fifth Amendment’s Equal Protection Clause nor the First Amendment’s Establishment Clause.
  • In Nunez v. Wolf, the 3rd Circuit found that the Pennsylvania Department of Corrections did not have a compelling interest in denying a Muslim inmate religious accommodations.
  • In Couzens v. City of Forest Park, Ohio, the 6th Circuit affirmed that off-duty police officers’ assistance in removing a pastor from a congregation did not violate the pastor’s free exercise rights. The pastor had been dismissed from his position and thus the officers acted reasonably by assisting in his removal.
  • A group of Jewish professors at a New York university petitioned for cert at the Supreme Court in a lawsuit demanding the right to break away from their union’s representation. A lawsuit filed on the professors behalf in 2022 alleged that the union is antisemitic, and that forcing them to be represented by the union is a violation of their First Amendment rights.
  • In Italy, an unusual clash between church and state is publicly taking place. Pope Francis and Italy’s bishops are openly challenging the government’s proposed laws concerning regional autonomy and migration.
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Legal Spirits 062: Can a Public School Ask Kids to State Their Religion?

(Robert Sciarrino/The Star-Ledger)

When the Cedar Grove School District in New Jersey surveyed students about their religious identities and other sensitive matters, St. John’s Law Professor Patricia Montana went into action. She and other parents sued the district for violating student privacy laws, including the Protection of Pupil Rights Amendment, a federal statute. Last month, the US Department of Education ruled in the parents’ favor. In this episode, Montana talks about her successful legal challenge and explains why she and other parents fought the district’s policy. Listen in!

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

  • In Youth 71Five Ministries v. Williams, the 9th Circuit issued an injunction allowing a Christian organization to participate in Oregon’s Youth Community Investment Grant Program after the state canceled its grants due to religious-based hiring practices. The court found that Oregon selectively enforced its Certification Rule against the organization while continuing to fund secular groups that also violated the rule.
  • In Resurrection House Ministries, Inc. v. City of Brunswick, a Georgia federal court dismissed the ministry’s Religious Land Use And Institutionalized Persons Act claim but allowed its other constitutional claims to proceed. The court found that the ministry sufficiently alleged the city’s nuisance action was retaliatory and aimed at deterring its religious practices.
  • In Knights of Columbus Council 2616 v. Town of Fairfield, a Connecticut federal court allowed the Knights of Columbus to proceed with free speech, free exercise, and equal protection claims after the town denied the group a permit to hold a Christmas Vigil in a public park. The court found that the town’s stated COVID-19 concerns were likely pretextual and that the Special Events Permitting Scheme lacked adequate standards, giving the Commission unbridled discretion.
  • In Desmarais v. Granholm, a D.C. federal court allowed a Title VII claim to proceed in which a Department of Energy employee alleged that his request for a religious exemption from the Covid vaccine mandate was deprioritized compared to medical exemptions. The court found that the employee plausibly alleged a causal connection between his religious beliefs and the decision to delay his accommodation request.
  • In North United Methodist Church v. New York Annual Conference, a Connecticut trial court dismissed the local church’s petition for a declaratory judgment on its disaffiliation from the parent church, citing the need to avoid involvement in church policy matters.
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Here are some important law-and-religion stories from around the web:

  • A California federal court recently issued a temporary injunction barring the University of California from allowing protestors to prevent Jewish students from attending class. The lawsuit was initiated by three Jewish students who claimed they were prevented from accessing certain portions of UCLA’s campus without wearing a wristband signifying their refusal to recognize the State of Israel.
  • In Saint Dominic Academy v. Makin, a Maine federal court refused to enjoin the enforcement of a statute that requires schools receiving tuition aid for out-of-district students to refrain from discriminating on the basis of religion or sexual orientation. The Court found that the statute met the strict scrutiny standard of review placed upon it by the Supreme Court, despite the Plaintiff’s claim that it amounts to a de facto ban on parochial schools receiving the desired aid.
  • In In re Covid-Related Restrictions on Religious Services, the Delaware Supreme Court upheld the dismissal of two challenges to the Governor’s orders restricting religious gatherings in the early stages of the Covid-19 pandemic. The Court held that any injury caused could not be redressed by the suit due the lifting of the restrictions as well as a binding commitment by the Governor not to impose similar restrictions in the future, rendering the desired declarative judgment incapable of changing the status quo.
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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, the 1st Circuit ruled that the Boston City Council did not violate the 1st Amendment by choosing not to invite representatives of the Satanic Temple to deliver invocations at Council meetings. The court found no evidence of religious bias in the selection process as Council members choose speakers based on personal or community ties.
  • In StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology, a Massachusetts district court dismissed a suit against MIT, which alleged that the university showed deliberate indifference to a hostile environment affecting Jewish and Israeli students in violation of Title VI. The court found that MIT took various steps to address the escalating protests and threats, indicating that its response was not clearly unreasonable.
  • A Massachusetts district judge denied Harvard’s motion to dismiss a lawsuit by six Jewish students alleging the university failed to address pervasive antisemitism on campus, citing the university’s “deliberate indifference”. The decision is particularly notable as it comes shortly after the same judge dismissed a similar lawsuit against MIT (see above).
  • In Spillane v. Lamont, the Connecticut Supreme Court decided that parents cannot pursue constitutional challenges to the removal of religious exemptions from vaccination requirements because of sovereign immunity. However, the court allowed a statutory claim under the Connecticut Religious Freedom Restoration Act, stating that sovereign immunity does not block this type of claim.
  • Americans United for Separation of Church and State faces internal conflict and allegations of a troubled work culture. A staff union and former board members complain that the group’s leadership prioritizes publicity over the organization’s core mission of protecting the separation of church and state, which has resulted in resignations and accusations of a toxic environment.

Posted on by L&R Forum

Around the Web

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

  • The U.S. Department of Education determined that a school district in New Jersey violated federal law by asking students about their religious identities without parental consent.
  • In two separate cases concerning Covid vaccine requirements, the 7th Circuit ruled that claims for religious exemptions under Title VII may include secular as well as religious elements.
  • A federal district court in Maine rejected both parties’ motions for summary judgment in Pines Church v. Hermon School District, in which a church claims a school district discriminated against it, based on religion, by denying the church’s application for a long-term lease. The court ruled the case must go to trial.
  • In Gethsemani Baptist Church v. City of San Luis, the US Department of Justice filed a statement of interest indicating that a Baptist church could file an RLUIPA challenge to city zoning laws without first applying for a conditional-use permit.
  • In Athey Creek Christian Fellowship v. Clackamas County, an Oregon federal district court dismissed an RLUIPA claim concerning a requirement for a conditional use permit to build additions to a church building. The court held that requiring the plaintiff to reapply did not resemble what traditionally constitute substantial burdens under the RLUIPA.
  • In Frankel v. Regents of the University of California, a federal judge ordered the University of California to devise a plan to curb the antisemitic treatment of Jewish students on campus.
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Around the Web

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

  • A federal district court in Colorado granted a preliminary injunction against the Town of Castle Rock, preventing the Town from enforcing zoning regulations that interfere with a church’s use of an RV and a trailer on church property for the purpose of providing temporary shelter to homeless individuals and small families. The court reasoned that the church was likely to succeed in its RLUIPA claim against Castle Rock, as the church satisfied its burden in pleading that Castle Rock’s zoning restrictions place a “substantial burden” upon the church’s religious obligation to provide for the needy on church property.
  • In Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey, the New Jersey Supreme Court affirmed the dismissal of a defamation claim brought against an Orthodox Jewish school by a Judaic Studies teacher. The court held that the ministerial exception applied because the teacher conceded that his role constituted that of a minister in the yeshiva.
  • In Indiana, a man was sentenced to 24 months in prison and two years of supervised release for willfully transmitting, in interstate commerce, threats to injure other people and for choosing his victims because of their religion. For roughly five months, the defendant left eight voicemails using antisemitic slurs in threats to kill or assault Jews.
  • Representatives of over 39 countries and international organizations published the Global Guidelines for Countering Antisemitism, a set of legally nonbinding policies aimed at monitoring and combatting antisemitism in a way that can be adapted to a wide variety of national, regional, and cultural contexts. The guidelines include, but are not limited to, calls for political leaders to denounce antisemitism wherever it arises, calls for leaders to consider appointing national coordinators, special envoys, or designated officials to proactively address antisemitism, and emphasis on a need to enforce hate crime and anti-discrimination laws.
  • In Jewish Community Council of Montreal v. Canada (Attorney General), a Canadian Federal Court granted an interlocutory injunction against the Canadian Food Inspection Agency, preventing the Agency from enforcing animal slaughter guidelines that require slaughterhouses to go through a series of measures, including applying the three indicators of unconsciousness when slaughtering a food animal. The court reasoned that the applicants were likely to succeed in their claim that the guidelines infringed their right to freedom of religion under subsection 2(a) of the Canadian Charter of Rights and Freedoms.
  • In India, representatives from the United Christian Forum (UCF), a human rights group based in New Delhi, recently met with Kiren Rijiju, Indian Minister for Minority Affairs, in an attempt to discuss recent increases in faith-motivated attacks against Christians, largely attributable to mobs who seek to make India a purely Hindu nation. According to UCF National President Michael Williams, the meeting yielded few promises, prompting UCF to state that the national government is doing little to curb police and mob brutality against Christians.
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Legal Spirits 061: Is a Catholic Charter School Constitutional?

Source: KFOR

Last month, in a much-watched case, the Oklahoma Supreme Court ruled that a new Catholic charter school, St. Isidore of Seville Catholic Virtual School, violates the First Amendment’s Establishment Clause–and, alternatively, that denying St. Isidore a charter does not violate the school’s rights under the Free Exercise Clause. In this episode, Center Director Mark Movsesian and Notre Dame Law Professor Richard Garnett debate whether the Oklahoma court got the decision right. Is a Catholic charter school constitutional? And are religiously affiliated charter schools a good idea in the first place? Listen in!

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