Around the Web

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

  • In Holston United Methodist Home for Children, Inc. v. Becerra, a Tennessee federal district court held that a religiously affiliated children’s home that places children for foster care or adoption lacks standing to challenge a 2016 anti-discrimination rule promulgated by the Department of Health and Human Services. 
  • In American College of Pediatricians v. Becerra, a Tennessee federal district court dismissed for lack of standing a challenge to a rule promulgated by the Department of Health and Human Services that barred discrimination on the basis of gender identity in the furnishing of health care. The court also concluded that the plaintiffs lack standing to challenge an HHS rule requiring grant recipients to recognize same-sex marriages. 
  • In Kim v. Board of Education of Howard County, a Maryland federal district court rejected both equal protection and free exercise challenges to the manner in which the student members of the eight-member Howard County School Board are selected. 
  • Suit was filed in an Ohio federal district court challenging a school district’s rule change that allows transgender students to use restrooms and locker rooms that conform to their gender identity. In Doe No. 1 v. Bethel Local School District Board of Education, Plaintiffs, who identify as Muslims and Christians, claim, among other things, that the new rules violate their free exercise and equal protection rights, their parental rights, and Title IX. 
  • Suit has been filed by the former head football coach for Washington State University, who was fired after refusing on religious grounds to comply with the state’s Covid vaccine mandate for state employees. The Athletic Department refused to grant him a religious accommodation, questioning the sincerity of his religious objections as well as the University’s ability to accommodate his objections. The complaint in Rolovich v. Washington State University alleges that the coach’s firing amounts to religious discrimination in violation of state and federal law and infringement of the plaintiff’s free exercise and due process rights. 
  • In In re Covid Related Restrictions on Religious Services, the Delaware Court of Chancery held that a challenge by religious leaders to now-lifted Covid-related restrictions on religious services should be brought in Superior Court, not in Delaware’s Chancery Court, which is limited to providing equitable relief. 

Around the Web

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

  • The U.S. Supreme Court heard oral arguments in Haaland v. Brackeen. At issue is the constitutionality of the Indian Child Welfare Act of 1978, which attempts to prevent child welfare and adoption agencies from placing Native American children outside their tribe. Issues of religion and religious culture underlie the controversy in the four consolidated cases heard. 
  • An Emergency Application for an Injunction Pending Appellate Review was filed with the U.S. Supreme Court in New Yorkers for Religious Liberty v. City of New York. The petition seeks an injunction against enforcing New York City’s Covid vaccine mandate for city workers against those with religious objections to the vaccine. 
  • In Richardson v. Clarke, the Fourth Circuit held that a prison’s former policy requiring inmates to remove head coverings, including religious head coverings, in certain areas of the prison imposed a substantial burden on Plaintiff’s religious exercise. 
  • Suit was filed in a New York federal district court challenging the constitutionality of New York’s ban on carrying firearms in houses of worship. The complaint in His Tabernacle Family Church, Inc. v. Nigrelli alleges that the ban violates the Free Exercise Clause, Establishment Clause, Second Amendment, and the equal protection rights of a church and its pastor. 
  • In Dunbar v. Disney, a California federal district court dismissed an amended complaint filed by actor Rockmond Dunbar in his Title VII disparate-impact religious discrimination claim against Walt Disney Company. His disparate impact claim was initially rejected because Dunbar could not identify other Universal Wisdom Church members who were similarly impacted by a Covid vaccine mandate. 
  • In Loste v. France, the European Court of Human Rights, in a Chamber judgment, held that France’s child welfare service violated Article IX of the European Convention on Human Rights when it failed to assure that a Jehovah’s Witness foster family was respecting the Muslim beliefs of its foster child’s birth family. 

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 Arkansas Times, LP v. Waldrip (see prior posting). In the case, the Eighth Circuit sitting en banc upheld, against a free speech challenge, Arkansas’ law requiring public contracts to include a certification from the contractor that it will not boycott Israel. 
  • In Weiss v. Perez, a California federal district court allowed a tenured professor to move ahead against most of the defendants she named in a lawsuit, which alleged that the University had retaliated against her because of her opposition to repatriation of Native American remains. Professor Weiss has argued that the Native American Graves Protection and Repatriation Act and the California Native American Graves Protection and Repatriation Act violate the Establishment Clause by favoring religion over science. Due to this belief, Weiss claims San Jose State University has interfered with her research and limited her professional activities. 
  • In In re A.C. (Minor Child), an Indiana state appeals court upheld a trial court’s order removing from the home a sixteen-year-old transgender child who suffered from an eating disorder and emotional abuse due to their parent’s unwillingness to accept the child’s transgender identity. The parents allege that they could not affirm their child’s transgender identity or use the child’s preferred pronouns because of their religious beliefs. The court rejected the parents’ Free Exercise claims.
  • The EEOC announced that it has filed a Title VII and ADA suit against Global Medical Response, Inc. and American Medical Response, Inc., which operate one of the largest medical transport companies in the country. The suit alleges that the companies refused to accommodate employees in EMT and paramedic positions who wish to wear facial hair for religious reasons. 
  • The EEOC has reached a settlement in a religious discrimination suit it had filed against a Conway, Arkansas Kroger store for failing to accommodate two employees who refused to wear the company’s apron. The employees insisted that the symbol on the apron promotes the LGBT community, which the employees’ religious beliefs preclude them from affirming. Under the settlement, Kroger will pay each employee $20,000 in back pay plus $52,000 each in additional damages. 

The New Thoreaus: A Video of My Talk at UT Law

I had a wonderful time yesterday at the Bech-Loughlin First Amendment Center at the University of Texas Law School, where I spoke about my draft paper on the New Thoreaus. I enjoyed meeting some students before my talk, and the talk itself. Excellent questions and a lot of fun. My thanks again to Steve Collis and the folks at UT for having me. A video of the talk is available below:

Movsesian in Texas This Week

I’m looking forward to traveling to the University of Texas this week, where I’ll present my draft paper, “The New Thoreaus,” at the Bech-Loughlin First Amendment Center. The paper addresses the Rise of the Nones and what it means for the Free Exercise Clause. Details are available here. Center friends, stop by and say hello!

Movsesian to Appear at UT-Austin Later This Month

A programming note: later this month, I’ll present my paper, “The New Thoreaus,” at the Bech-Loughlin First Amendment Center at the University of Texas School of Law. The paper discusses the increase in the number of unaffiliated believers–people who reject organized religion and follow their own spiritual paths–and whether the Free Exercise Clause should apply to them. Details are here. Very much looking forward to this. Center friends in Austin, please stop by and say hello!

Around the Web

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

  • In Franciscan Alliance, Inc. v. Becerra, the Fifth Circuit, invoking RFRA, upheld a Texas federal district court’s issuance of a permanent injunction barring the government from interpreting or enforcing provisions of the Affordable Care Act to require religious organizations, in violation of their religious beliefs, to perform or provide insurance coverage for gender-reassignment surgeries or abortions. At issue is the interpretation of the ACA’s ban on discrimination on the basis of sex. 
  • In Fellowship of Christian Athletes v. San Jose Unified School District Board of Education, the Ninth Circuit ordered the reinstatement of the Fellowship of Christian Athletes as an official student club at San Jose high schools. The majority said in part: “This case pits two competing values that we cherish as a nation: the principle of non-discrimination on the one hand, and the First Amendment’s protection of free exercise of religion and free speech on the other hand.” 
  • In Colonel Financial Management Officer v. Austin, a Florida federal district court certified as a class all Marines who have sincere religious objections to COVID vaccination and whose requests for a religious accommodation have been denied on appeal. The court found “a systematic failure by the Marine Corps to satisfy RFRA” and issued a preliminary injunction against enforcement of the vaccine mandate against class members. 
  • In Chelsey Nelson Photography, LLC v. Louisville/Jefferson County, a Kentucky federal district court held that Louisville’s public accommodation ordinance violates the free speech rights of a Christian wedding photographer who has moral and religious objections to same-sex marriages. The court also held that the ordinance violates the Kentucky Religious Freedom Restoration Act. 
  • An emergency Application for a Stay Pending Appellate Review was filed in Yeshiva University v. YU Pride Alliance. In the case, a New York state trial court held that New York City’s public accommodation law requires Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance. The petition contends that Yeshiva University will likely succeed in its contention that forcing it to recognize the group violates the University’s free exercise rights and the principles of church autonomy. The filing asks that, alternatively, it be treated as a petition for certiorari. 
  • Suit was filed in a Virginia state court by a Catholic nurse practitioner who was fired by a CVS Minute Clinic after she insisted that, for religious reasons, she would not provide or facilitate the use of hormonal contraceptives, Plan B and Ella, which she considers abortifacients. The clinic had accommodated her religious beliefs for three years, but then changed its policy and refused to do so. The complaint in Casey v. MinuteClinic Diagnostic of Virginia, LLC, challenges her firing as a violation of Va. Code § 18.2-75.

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. 

Around the Web

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

  • In Fox v. City of Austin, a Christian minister who has been a volunteer fire department chaplain filed suit in a Texas federal district court alleging that his free speech and free exercise rights were violated when the fire department terminated him as chaplain because of his social media posts. 
  • In Lowe v. Mills, a Maine federal district court rejected challenges by seven healthcare workers to Maine’s COVID vaccination requirement for healthcare workers. While medical exemptions to the requirement are available, no such exemption applies to religion. The court rejected the plaintiffs’ Title VII religious discrimination and free exercise claims. 
  • In People v. Calvary Chapel, San Jose, a California state appellate court annulled contempt orders imposed by a trial court and reversed the trial court’s imposition of monetary sanctions, which resulted from a church’s refusal to comply with state COVID public health orders. 
  • The Department of Agriculture issued a Guidance clarifying that a Title IX exemption is available for religious educational institutions if there is a conflict between Title IX and a school’s governing religious tenets. 
  • As part of a settlement with the national organization, American Atheists, Arkansas state Senator Jason Rapert will have to unblock his atheist constituents from his social media account. Senator Rapert is also required to pay more than $16,000 to American Atheists for costs related to the lawsuit. 
  • The Law Reform Commission of Western Australia sent to Parliament its Final Report on its Review of the Equal Opportunity Act 1984. The Report makes 163 recommendations for changes in Western Australia’s anti-discrimination laws. In connection with the Act’s ban on discrimination based on religious conviction, the Report’s Recommendation 51 provides updates on how “religious conviction” should be defined in the Act. 

Around the Web

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

  • In Hernandez v. City of Phoenix, the Ninth Circuit held that a Phoenix police officer’s social media posts disparaging Muslims related to a public concern and potentially qualified as protected speech under the First Amendment. The Ninth Circuit remanded the case for further factual development.  
  • In Sabra v. Maricopa County Community College District, the Ninth Circuit held that a Community College professor was entitled to qualified immunity in a suit against him claiming that his online module on Islamic terrorism in a World Politics course violated plaintiffs’ Establishment Clause and Free Exercise rights. Plaintiffs claimed the module’s primary message was disapproval of Islam and that the end-of-module quiz forced a Muslim student to disavow his religion by choosing answers reflecting a radical interpretation of Islam. 
  • The Ninth Circuit heard oral arguments in Fellowship of Christian Athletes v. San Jose Unified School District Board of Education. In the case, a California federal district court upheld a high school’s non-discrimination policy for recognized student groups that precluded Fellowship of Christian Athletes from requiring its leaders to agree with and live in accordance with the group’s Christian beliefs. 
  • In Katz v. New York City Housing Preservation & Development, a New York federal district court rejected Free Exercise and Affordable Housing Act claims brought by an Orthodox Jewish family whose applications for an affordable housing unit were denied because their family size exceeded the apartments’ maximum occupancy limit. Plaintiffs claim that their religious beliefs require them to have a large family. 
  • In Doe v. Catholic Relief Services, a Maryland federal district court granted summary judgment in favor of plaintiff who was denied spousal health insurance coverage for his same-sex husband. The court rejected a church-autonomy defense and held that the Catholic Relief Services violated Title VII. The court also held that the exemption in Title VII for religious organizations only applies to discrimination by them on the basis of religion and that RFRA does not provide a defense because it applies only to claims against the government. The court went on to find a violation of the federal and state Equal Pay Acts and ordered certification to the state court of a question of coverage by Maryland’s Fair Employment Practice Act. 
  • In In re Kelly, the Delaware Supreme Court accepted the report of its Board of Professional Responsibility and involuntarily transferred a state bar member to disability inactive status. The attorney’s incoherent court filings, many containing religious references, led to the proceedings to move respondent to inactive status. While respondent claimed that the proceedings violated her free exercise rights, the court held that respondent’s submissions led to the proceeding – not her religious or political beliefs, as she contends.