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Mattone Center for Law and Religion & St. John’sJournal of Catholic Legal Studies Co-Host Annual Symposium

On Thursday, the Mattone Center for Law and Religion co-hosted its annual symposium with the St. John’s Journal of Catholic Legal Studies. This year’s event featured commentary by Chris Lund (Wayne State) and Eric Rassbach (Becket) on the recent Ten Commandments case from the Fifth Circuit. 

The program also included a thoughtful Q&A with the presenters and remarks from Dean Jefferson Exum of St. John’s Law. Thank you to our speakers and all who joined us for an engaging and timely discussion. 

Posted on by Mark Movsesian

Legal Spirits 074: Religion and the State in Japan

Nearly eighty years after Japan adopted constitutional provisions separating religion and the state, Japanese courts continue to grapple with a question familiar to American lawyers: how to enforce separation without severing law from history, tradition, and social practice. In this episode of Legal Spirits, Mark Movsesian speaks with Professor Eiichiro Takahata of Nihon University about the Japanese Supreme Court’s church–state jurisprudence, including its adaptation of U.S. Establishment Clause doctrine and its distinctive reliance on common-sense social understandings. The conversation offers a comparative lens on the U.S. Supreme Court’s recent turn away from abstract tests like Lemon and toward history and tradition—and highlights both the parallels and the limits of that convergence. Listen in!

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Posted on by Mark Movsesian

Upcoming Panel: Displaying the 10 Commandments in Public School Classrooms

Later this month, the Mattone Center will co-host its annual symposium with the St. John’s Journal of Catholic Legal Studies. This year’s panel will address Roake v. Brumley, the 5th Circuit case on the constitutionality of displaying the Ten Commandments in public school classrooms. We’ll hear from Christopher Lund (Wayne State) and Eric Rassbach (Becket Fund). We’ll post a video of the event later.

Space is limited, but if interested, please email Center Director Mark Movsesian at mark.movsesian@stjohns.edu. Thanks!

Posted on by Mark Movsesian

New Mattone Center Video: Everson v. Board of Education

The Mattone Center has posted a new video on our YouTube channel about Everson v. Board of Education (1947), one of the Supreme Court’s landmark Establishment Clause cases. In Everson, the Court upheld a New Jersey program that reimbursed parents for transportation costs to parochial as well as public schools. Justice Black’s majority opinion famously explores several arguments about the meaning of the Establishment Clause and has influenced the Court’s jurisprudence ever since.

In our new video, we explain the facts of the case, the Court’s reasoning, and why Everson remains such a touchstone in the law of church and state.

We hope you’ll take a look—and please consider subscribing to the Center’s channel for more explainers on law-and-religion cases and issues.

Posted on by Mark Movsesian

Video of Center Panel on the Catholic Charter School Case

A video of our panel this month in the Catholic Charter School case, Oklahoma Statewide Charter School Board v. Drummond, set for argument at SCOTUS in a couple of weeks, is now available on the Mattone Center’s YouTube channel. Thanks again for Professors Michael Helfand (Pepperdine) and Michael Moreland (Villanova) for participating. Link is below:

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Around the Web

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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Around the Web

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

  • In Roake v. Brumley, a Louisiana federal district court found that Louisiana violated the Free Exercise and Establishment Clauses when it passed a law that required a copy of the Ten Commandments to be posted in every public school classroom in the state. The court reasoned that the Louisiana statute burdened plaintiffs’ sincere religious practices and beliefs and was not neutral toward religion.
  • Oklahoma Governor Kevin Stitt announced the launch of the Oklahoma Office of Faith-Based and Community Initiatives. The new division of state government is meant to act as a point of contact for faith-based and nonprofit organizations, facilitating connections with state services, including creating a repository of state agency programs and recognizing impactful faith-based organizations through partnerships with state agencies.
  • Justin Welby, the Archbishop of Canterbury, announced he would resign after a report revealed that he failed to launch a proper investigation into claims of widespread abuse of boys and young men that occurred decades ago at Christian summer camps.
  • In Bird v DP (a pseudonym), the High Court of Australia found that a Catholic diocese was not vicariously liable for sexual abuse of a young child by a priest from a parish church. The High Court determined that the priest was not employed by the Diocese or engaged by the Diocese as an independent contractor and, therefore, was not an agent of the Diocese.
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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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Around the Web

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

  • In Farrakhan v. Anti-Defamation League, a New York federal district court dismissed a complaint alleging that the Anti-Defamation League violated Farrakhan’s First Amendment Rights by repeatedly referring to him and his organization as antisemitic. In the dismissal, the Court reasoned that Farrakhan failed to allege that his injuries were concrete or traceable to the ADL.
  • The City of New York has agreed to settle a class action damage claim brought by Muslim women protesting a policy that required wearers of hijabs to remove them when sitting for arrest photos. The NYPD agreed to change the policy in an earlier settlement in 2020, and the settlement amounts to $17.5 million.
  • In Citizens United to Protect Our Neighborhoods v. Village of Chestnut Ridge, New York, the Second Circuit affirmed the dismissal of a complaint challenging a new zoning law that allowed places of worship to be more easily built, claiming that the law improperly promoted religion. The Court reasoned that the plaintiffs lacked standing, suffering no cognizable harm apart from tax dollars passing the law.
  • In United States v. Safehouse, a Pennsylvania district court held that the prosecution of a nonprofit providing safe injection sites for drug users did not violate the Free Exercise Clause. Despite the leaders of the nonprofit claiming religious motivation, the entity itself has no religious affiliation, and the Court therefore held that the religious inspiration of its leaders doesn’t protect it against prosecution for the violation of a federal statute criminalizing the maintenance of drug-involved premises.
  • In Ocean Grove, New Jersey, the NJ State Department for Environmental Protection ordered the Christian nonprofit owners of the waterfront area to allow beach access to the public on Sunday mornings or face up to $25,000 in fines per day. State officials claim that the closure violates the Coastal Area Facilities Review Act, which itself is based on the public-trust doctrine, outlining that certain natural goods like waterfront areas are to be reserved for public use.
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Around the Web

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

  • The Supreme Court of the United States denied certiorari in Missouri Department of Corrections v. Finney, a case in which a Missouri state appellate court upheld a trial court’s striking of three potential jurors who were disqualified because of their religious belief that homosexuality is a sin. The underlying suit against the Department of Corrections involved sex discrimination and hostile work environment claims by a lesbian employee.
  •  In United States v. Rourke, the 9th Circuit held that it was “plain error” for a district court to impose a condition to a defendant’s supervised release that the defendant live at and participate in a 12-step rehabilitation program, which asks the participant to call on a spiritual power to overcome addiction problems. The court found that without a non-religious alternative, the supervised release violates the Establishment Clause.
  • In Prodan v. Legacy Health, a federal district court in Oregon found that two former health care workers who challenged their employer’s denial of a request for a religious exemption from a Covid vaccine requirement made out a prima facie case of religious discrimination in the workplace under Title VII.
  • In Annunciation House, Inc. v. Paxton, a Catholic agency serving migrants and refugees in Texas filed suit against the Texas Attorney General, arguing that his demand for certain records violated the agency’s religious freedom. A Texas state court granted a TRO barring the Attorney General from examining the records.
  • In Tennessee, Governor Bill Lee signed a bill which says, in relevant part, “[a] person shall not be required to solemnize a marriage.” The original bill would have allowed refusals by those who objected to the solemnization on religious belief.
  • The Utah legislature passed a bill that prohibits the government from imposing substantial burdens on the free exercise of religion unless it can show that it had a compelling interest to do so, and it used the least restrictive means to further that interest.