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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.
Posted on by Mark Movsesian

Christianity and American Democracy

Historically, the American approach to church-state relations has had two primary, and complimentary, influences: the Evangelical Christian tradition and the Enlightenment Liberal tradition, both of which support official state neutrality and freedom of conscience. A new book from Jonathan Rauch (Brookings) argues that Christian influence in the US is fading and that the historical bargain between Christianity and liberalism is falling apart. Although he’s an atheist, Rauch regrets this development, which he sees as a threat to America’s future. The book is Cross Purposes: Christianity’s Broken Bargain with Democracy and the publisher is Yale University Press. Here’s the description from Yale’s website:

What happens to American democracy if Christianity is no longer able, or no longer willing, to perform the functions on which our constitutional order depends? In this provocative book, the award-winning journalist Jonathan Rauch—a lifelong atheist—reckons candidly with both the shortcomings of secularism and the corrosion of Christianity.
 
Thin Christianity, as Rauch calls the mainline church, has been unable to inspire and retain believers. Worse, a Church of Fear has distorted white evangelicalism in ways that violate the tenets of both Jesus and James Madison. What to do? For answers, Rauch looks to a new generation of religious thinkers, as well as to the Church of Jesus Christ of Latter-day Saints, which has placed the Constitution at the heart of its spiritual teachings.
 
In this timely critique Rauch addresses secular Americans who think Christianity can be abandoned, and Christian Americans who blame secular culture for their grievances. The two must work together, he argues, to confront our present crisis. He calls on Christians to recommit to the teachings of their faith that align with Madison, not MAGA, and to understand that liberal democracy, far from being oppressive, is uniquely protective of religious freedom. At the same time, he calls on secular liberals to understand that healthy religious institutions are crucial to the survival of the liberal state.

Posted on by L&R Forum

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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Posted on by Mark Movsesian

On Christian Institutionalism in the Early Republic

The proper role of Christianity in American public life has sparked controversy from the beginning. Is the US a Christian nation, and what does that mean, exactly? Or is the US a secular republic? Like France, perhaps? Historian Miles Smith has written a new book, Religion & Republic: Christian America from the Founding to the Civil War, that argues that the true role of Christianity in the early Republic is captured by the phrase “Christian Institutionalism,” in which a public, Protestant Christianity coexisted with official disestablishment. Looks interesting. Here’s the description from the publisher’s website (Davenant):

In recent years, America’s status as a “Christian nation” has become an incredibly vexed question. This is not simply a debate about America’s present, or even its future–it has become a debate about its past. Some want to rewrite America’s history as having always been highly secular in order to ensure a similar future; others seek to reframe the American founding as a continuation of medieval Christendom in the hopes of reviving America’s religious identity today.

In this book, Miles Smith offers a fresh historical reading of America’s status as a Christian nation in the Early Republic era. Defined neither by secularism nor Christendom, America was instead marked by “Christian institutionalism.” Christianity–and Protestantism specifically–was always baked into the American republic’s diplomatic, educational, judicial, and legislative regimes and institutional Christianity in state apparatuses coexisted comfortably with disestablishment from the American Revolution until the beginning of the twenty-first century. 

Any productive discussion about America’s religious present or future must first reckon accurately with its past. With close attention to a wide range of sermons, letters, laws, court cases and more, Religion & Republic offers just such a reckoning

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Around the Web

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

  • In Solliz v. Knox County, Tennessee, a Muslim woman filed suit after she was required by a Knox County sheriff to remove her hijab for a booking photo following her arrest. The complaint alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Tennessee Preservation of Religious Freedom Act.
  • A Ukrainian court has extended the detention of an Orthodox bishop for two months after he was arrested for allegedly revealing army positions to the public in a sermon, having mentioned the presence of a road block that prevented access to a local monastery. The bishop was denied the possibility of posting bail, and the checkpoints in question were removed prior to the publication of his sermon online.
  • A petition for certiorari was filed with the U.S. Supreme Court in Oklahoma Statewide Charter School Board v. Drummond, after the Supreme Court of Oklahoma declared the certification of a Catholic-sponsored charter school violative of the state’s constitution and the Establishment Clause. The petition states that the exclusion of religious schools from the state’s charter program violates the Free Exercise Clause, and that the mere funding of religious schools by the state does not constitute state action.
  • The recently-passed Abortion Services Act in Scotland threatens prosecution against anyone praying within a 200-meter radius of an abortion facility, including within their own homes, if they can be seen or heard within the zone, and act in an intentional or reckless manner. Guidance provided by the government to facilitate compliance lists silent vigils and religious preaching as potentially actionable offenses, if conducted intentionally and recklessly.
  • The University of California has continued to deny wrongdoing following a California federal court’s order mandating a variety of measures to prevent the exclusion of Jewish students from parts of campus. The University claims responsibility lies with actors unaffiliated with the school, whereas the plaintiffs maintain the school’s complicity via its failure to act in the face of clear religious discrimination against its students.
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Around the Web

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

  • In Gaddy v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, the 10th Circuit heard oral arguments in a class action lawsuit accusing the LDS Church of fraudulently misrepresenting its founding and the use of tithing funds. A Utah federal court had previously dismissed the case, which was brought by former members claiming the Church’s leaders did not sincerely believe in the foundational narrative.
  • In Catholic Benefits Association v. Burrows, a federal district court in North Dakota blocked the Equal Employment Opportunity Commission from enforcing rules that would compel a Catholic organization to accommodate employee’s abortions and infertility treatments in violation of the organization’s religious teachings. The court ruled that such mandates would infringe on religious freedom.
  • In In re Calvary Chapel Iowa, an Iowa Administrative Law Judge ruled that the state’s Religious Freedom Restoration Act shields churches from taxpayer lawsuits challenging their property tax exemptions. The court held that such lawsuits impose a substantial burden on religious exercise, and that tax enforcement is better handled by the state, not individuals, to avoid retaliatory actions against religious organizations.
  • Jewish students filed a lawsuit against Haverford College alleging the college violated Title VI of the Civil Rights Act by failing to enforce its nondiscrimination policy and protect Jewish students from harassment over their pro-Israel views. The complaint also includes a breach of contract claim, accusing the college of fostering a hostile environment where Jewish students feel unsafe expressing support for Israel.
  • Ukraine signed a new law, No. 3894-IX, effective August 24, banning the Russian Orthodox Church (ROC) for justifying and supporting Russia’s invasion, and introducing legal procedures to dissolve Ukrainian religious organizations connected to the ROC. The law specifically targets the Ukrainian Orthodox Church (UOC) by prohibiting affiliations with any Russian religious groups involved in supporting the war.
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 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.
Posted on by L&R Forum

Around the Web

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.
Posted on by L&R Forum

Around the Web

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 this week:

  • In Rizzo v. New York City Department of Sanitation, a federal district court in New York allowed a sanitation worker’s Title VII failure-to-accommodate claim, based on anti-vaccination beliefs, to proceed, rejecting the city’s argument that the objections were not religious. The court also permitted the worker’s claim that the city failed to engage in cooperative dialogue under New York City Human Rights Law.
  • LifeWise, Inc., a Christian group that provides religious education to public school students, sued a parent for allegedly infringing on the group’s copyrighted curriculum. The parent is accused of fraudulently gaining access to and publishing LifeWise’s internal documents and curriculum on a website opposing the organization.
  • A New York court dismissed cross claims by two Kingsborough Community College faculty members who alleged the school retaliated against them for their anti-Israel views after being sued by Jewish faculty members for a hostile work environment. The court found no evidence of retaliatory actions by the school and stated the school had no duty to prevent the plaintiffs’ discrimination and antisemitism complaints.
  • Oklahoma’s state superintendent, Ryan Walters, directed all public schools to include Bible teachings, including the Ten Commandments, in their curriculums, stating such teachings are essential for historical and cultural understanding, without specifying grade levels. It is unclear if the superintendent has the authority to issue this directive under Oklahoma law.
  • President Biden announced the appointment of Dr. Mohamed Elsanousi to the United States Commission on International Religious Freedom. Dr. Elsanousi, Executive Director of the Network for Religious and Traditional Peacemakers, has been influential in promoting vaccine equity and religious freedom in Muslim-majority communities.