Around the Web

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

  • In Catholic Charities Bureau, Inc. v. Wisconsin Labor and Industry Review Commission, the state filed a remedial brief arguing that the discrimination found to be unconstitutional in the case could be remedied by ending the exemption for all religious organizations or expanding it to cover Catholic Charities.
  • In Ruiz v. Nevada Department of Corrections, the 9th Circuit upheld the district court’s denial of request by a Messianic Jewish inmate for a special diet. 
  • Last week, an HVAC technician filed a suit in New York alleging that his firing violated Title VII, after his employer stationed him with a female worker despite his accommodation request rooted in a sincerely held religious belief that he cannot be alone with women other than his wife.
  • In Catholic Charities v. Whitmer, Catholic counselors are challenging a Michigan law that banned them from helping children struggling with their biological sex.  
  • In Armenia, multiple clergymen have been detained by the government for allegedly inciting violent coups, showcasing the continued government crackdown on the Armenian Apostolic Church.

Around the Web

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

  •  In Kristofersdottir v. CVS Health Corp., a nurse-practitioner filed a complaint in the Southern District of Florida alleging that CVS revoked all religious accommodations that allowed employees to refuse to prescribe contraceptives, which is the accommodation plaintiff had for over 7 years. 
  • In Dad’s Place of Bryan, Ohio v. City of Bryan, a Christian church filed suit in the Northern District of Ohio, alleging that the city has violated the First Amendment’s Free Exercise and Establishment Clauses, as well as RLUIPA, by charging the church’s pastor with 18 criminal counts for allowing homeless persons to reside on the property for an extended amount of time in violation of city zoning rules.
  • In Uzomechina v. Episcopal Diocese of New Jerseythe District of New Jersey dismissed racial discrimination and wrongful discharge claims brought by a priest who was fired after he was allegedly falsely accused of financial and sexual misconduct. However, the court allowed the priest’s defamation claim, which he alleges that the Diocese passed on false information about him to his subsequent employer, to proceed.
  •  In Carter v. Virginia Real Estate Board a Virginia trial court held unconstitutional a portion of Virginia’s Fair Housing Law that said: “use of words or symbols associated with a particular religion . . . shall be prima facie evidence of an illegal preference under this chapter that shall not be overcome by a general disclaimer.” A realtor included references to Jesus and a Bible verse in her email signature and was investigated, but the court invalidated the statute, saying the presumption of animus was unconstitutional.
  • A Michigan hospital agreed to pay a $50,000 settlement in a Title VII discrimination lawsuit alleging that the hospital had refused to hire an employee who had objected on religious grounds to receiving a flu shot. The settlement prohibits the hospital from refusing to hire applicants because of their sincerely held religious beliefs opposing such a vaccine mandate.
  • In India, Prime Minister Narendra Modi dedicated the Ram Mandir, a Hindu Temple located on a contested holy site once home to a 16th-century mosque. Critics allege that the temple represents an effort by Modi to elevate the Hindu religion in India’s public life.

Around the Web

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

Around the Web

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

Three Things that Aren’t on Enough Church-State Syllabi

Since it’s the start of the school year, I thought I would begin my 30 day blogging career with “Three Things That Aren’t on Enough Church-State Syllabi.”  The idea is to help students understand that current efforts to give religion a more prominent place in the public square have deep roots.  They aren’t merely a throw-back to a repressive Puritan era or the result of foreign influences arriving with 19th century Catholic immigrants.  Rather, they are part of the mainstream of America political thought since the founding.

 Syllabus Supplement, Part I – The aptly named Theophilus Parsons.

 Think of Parsons as a James Madison counterpart in Massachusetts – really smart and politically crafty.  While Madison led the charge to defeat Virginia’s otherwise popular proposal for a general assessment to support religion in 1785, Parsons had helped ram through the Massachusetts 1780 constitutional provision requiring public support for Protestant ministers, despite not actually having the votes.  In course after course, students read Madison’s ringing words from the Memorial and Remonstrance calling the use of religion “as an engine of Civil policy” an “unhallowed perversion of the means of salvation.”

 An interesting, and quite different, perspective can be found in Chief Justice Parsons’ opinion in Barnes v. Falmouth (1810):  “The object of a free civil government is the promotion and security of the happiness of the citizens.  These effects cannot be produced, but by the knowledge and practice of our moral duties….  Civil government…is extremely defective, and unless it could derive assistance from some superior power, whose laws extend to the temper and disposition of the human heart, and before whom no offense is secret, wretched indeed would be the state of man….  On these principles, tested by the experience of mankind, and by the reflections of reason, the people of Massachusetts, in the frame of their government, adopted and patronized a religion, which by its benign and energetic influences, might cooperate with human institutions, to promote and serve the happiness of the citizens….”

On a somewhat more topical note, Parsons had little sympathy for exemption-seekers, arguing that, since it was only a tax and did not require church attendance, objectors “mistake a man’s conscience for his money….”

                                                                                                Don Drakeman