Posted on by L&R Forum

Around the Web

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

  • In Clark v. Governor of the State of New Jersey, the Third Circuit held that a challenge by two Christian congregations and their pastors to former Covid limits on in-person worship services is moot. The court affirmed the trial court’s dismissal of the suit. 
  • In Doster v. Kendall, the Sixth Circuit affirmed a district court’s grant of a class-wide preliminary injunction barring the Air Force from disciplining Air Force personnel who have sought religious exemptions from the military’s Covid vaccine mandate.
  • In Doe v. Rokita, the Seventh Circuit rejected First Amendment challenges to an Indiana statute that requires abortion providers to dispose of fetal remains either by burial or cremation. The suit was brought by two women who raise free exercise claims and by two physicians who oppose the requirement that they inform patients of the law’s provisions. 
  • In Pickup v. Biden, Plaintiffs petitioned the D.C. federal district court to declare two bills pending in Congress unconstitutional and enjoin their passage. Plaintiffs focused primarily on an Establishment Clause challenge; however, the court held that the Constitution’s Speech or Debate Clause bars Plaintiffs’ claims against the congressional Defendants, that the court lacks jurisdiction to enjoin a President from performing his official duties, and that Plaintiffs lack standing.
  • A former Boston police officer who is a Jehovah’s Witness filed suit in a Massachusetts state trial court after the Boston Police Department denied his request for a religious exemption from the Department’s Covid vaccine mandate. He was placed on administrative leave and subsequently terminated. The complaint in Colon v. City of Boston also alleges that he was ridiculed because of his religious beliefs. 
  • President Volodymyr Zelensky of Ukraine has called for lawmakers to prevent the branch of the Orthodox Church loyal to Moscow Patriarchate from operating in Ukraine on the ground that Russia is using the church to provide cover for Russian secret agents. Over the past month, Ukrainian security agencies have engaged in raids of monasteries – resulting in the arrest of at least thirty-three priests. 
Posted on by L&R Forum

Around the Web

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

  • A petition for certiorari was filed with the Supreme Court in Klein v. Oregon Bureau of Labor and Industries. At issue is a finding by the state Bureau of Labor and Industries that Sweetcakes bakery violated the state’s public accommodation law when it refused on religious grounds to design and create a wedding cake for a same-sex wedding. 
  • In Yeshiva University v. YU Pride Alliance, the Supreme Court vacated the stay issued on September 9 by Justice Sotomayor of a New York state trial court’s injunction that required Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance. In a 5-4 vote, the Court directed the University to first seek expedited review and interim relief from New York trial courts. 
  • In Doster v. Kendall, the Sixth Circuit refused to grant an emergency stay of a class-wide injunction issued by an Ohio federal district court in a suit by Air Force and Space Force members who object, on religious grounds, to receiving the COVID vaccine. The district court enjoined the military from taking enforcement measures, while litigation is pending, against service members who have submitted confirmed requests for a religious accommodation from the military’s vaccine mandate. 
  • In Bush v. Fantasia, a Massachusetts federal district court dismissed claims that a COVID mask mandate imposed by a town Board of Health and a public library violated plaintiffs’ free exercise rights. Plaintiffs claimed they “have sincerely held religious beliefs that proscribe [their] wearing face masks and/or submitting to coerced medical devices/products such as face masks.” 
  • The New York Board of Regents approved the Final Substantial Equivalency Regulation, which implements NY Education Law §3204(2), requiring instruction in nonpublic schools to be at least “substantially equivalent” to that in public schools in the same city or district. The Regulation provides multiple pathways for private and religious schools to demonstrate compliance. 
  • Faith leaders–including rabbis, Christian ministers, Buddhists, and Quakers–are challenging newly enacted abortion bans, arguing that the restrictions infringe on their religious beliefs. Plaintiffs contend that the bans are preventing them from exercising their own religious views about when abortions are permissible and have made clergy afraid to counsel their parishioners on abortion for fear of legal penalties.  
Posted on by L&R Forum

Around the Web

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

  • A petition for certiorari has been filed with the U.S. Supreme Court in Groff v. DeJoy. In the case, the Third Circuit held that accommodating a Sunday sabbath observer by allowing him not to report for work on Sunday would cause an “undue hardship” to the U.S. Postal Service. Therefore, the court held that failure to grant the requested accommodation did not violate Title VII. 
  • In In the Interest of C.C., the Georgia Supreme Court gave guidance to a juvenile court on how to determine whether parents’ objections to vaccinating their children are based on a sincerely held religious belief. The court said in part: “Ultimately, the juvenile court must determine whether the Chandlers’ religious objection to the vaccination of their children is ‘truly held.’ The court should ‘sh[y] away from attempting to gauge how central a sincerely held belief is to the believer’s religion.’ And it must bear in mind that ‘a belief can be both secular and religious. The categories are not mutually exclusive.’ “
  • In Toor v. Berger, the D.C. federal district court refused to grant a preliminary injunction to three Sikh Marine recruits who wanted to prevent enforcement of the Marine’s uniform and grooming policies during recruit training while their case continues to be litigated. Plaintiffs argue that denying accommodation of their religious practices violates RFRA, the Free Exercise Clause, and the Equal Protection Clause. The court held that even if plaintiffs have shown a likelihood of success on the merits and irreparable injury, the balance of equities and the overall public interest favors the military at this preliminary stage of proceedings. 
  • In Bey v. Sirius-El, a New York federal district court dismissed a suit seeking damages, injunctive relief, and criminal prosecution of defendants for barring plaintiff from attending the Brooklyn Moorish Science Temple in person. Plaintiff was barred because of the potential for a conflict between her and a “competing love interest” who has also been attending services. The court dismissed plaintiff’s free exercise claims because she did not allege that any state action was involved. 
  • In Chabad of Prospect, Inc. v. Louisville Metro Board of Zoning Adjustment, a Kentucky federal district court dismissed a suit brought against zoning officials by a synagogue that was denied a conditional use permit to use a home it purchased for religious services. When the property was put up for sale, zoning rules allowed its use for religious purposes. However, before plaintiff purchased the property, the city removed that provision and required a conditional use permit. The court held that plaintiff’s § 1983 claim alleging First Amendment violations was barred by the statute of limitations. Additionally, the court held that plaintiff failed to state a claim under RLUIPA. 
  • In Miller v. Austin, a Wyoming federal district court dismissed on standing and ripeness grounds a suit by two Air Force sergeants who face discharge because of their refusal on religious grounds to receive the COVID vaccine.