Around the Web

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

  • Texas Attorney General Ken Paxton filed suit against the state’s Higher Education Board claiming that the state’s work-study program’s requirement that work be provided in ‘nonsectarian activities’, violates the Free Exercise clause. 
  • The U.S. Supreme Court has declined to hear an appeal by a Christian school that argued that its free speech rights were violated when it was barred from playing a prayer over the loudspeaker at a football game. 
  • In Pritchard v. Blue Cross Blue Shield of Illinois, the 9th Circuit remanded a suit alleging that Blue Cross is liable under the anti-discrimination portion of the Affordable Care Act for enforcing a religious-based exclusion regarding coverage of gender dysphoria. 
  • The New York Times reports on a surge of interest among younger Americans, especially young men, in Orthodox Christianity.  
  • In Jeanpierre v. Trump, a Utah district court dismissed a lawsuit by the founder of Black Flag, a religious organization, claiming that the President’s Executive order infringed his Free Exercise rights. 

Around the Web

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

  • Catholic leaders have criticized Trump’s immigration policies, arguing they infringe upon the religious liberties of migrants. 
  • At an event at the Museum of the Bible in Washington, Trump announced that the Department of Education will issue new guidelines safeguarding students’ right to pray in public schools.  
  • The US 9th Circuit upheld California’s requirement that home-based charter school programs use only secular educational materials.   
  • The Ukranian government has announced that it may ban an Orthodox Church that has refused to sever ties with Moscow amid ongoing tensions with Russia.  
  • In Morocco, a feminist activist was sentenced to prison for blasphemy after wearing a T-shirt bearing slogans against violence towards women.   

Around the Web

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

  • The 9th Circuit rejected claims that a fire department in Washington State violated Title VII and state law when they refused to accommodate employees’ request for religious exemptions from the state’s Covid vaccine mandate for all healthcare providers.
  • The 6th Circuit affirmed the dismissal of claims that an Ohio school’s policy on the use of communal bathrooms by transgender students violated the free exercise rights of Muslim and Christian students and parents.
  • Two families field suit in a Massachusetts federal district court challenging a policy of the Massachusetts Department of Children and Families that would require foster parents to agree to “support, respect, and affirm the foster child’s sexual orientation, gender identity, and gender expression.” The families assert that the policy unconstitutionally forces them to “speak against their core religious beliefs,” regulates speech based on content and viewpoint, and is discriminatory towards religious persons.
  • A California federal district court granted summary judgment to a Jehovah’s Witness who wished to attach an Addendum to the oath she was required to take as an employee of the State Controller’s Office, as she believed the oath, as currently written, violated her religious beliefs.
  • A New Mexico federal district court held that two members of a healthcare sharing ministry have standing to challenge an order barring them from operating in the state on free exercise grounds.
  • Senate Bill 11, passed by the Texas legislature in May 2025, establishes a structure that school districts may adopt to provide a daily prayer service and reading of the Bible/other religious text in school with parental consent. The bill took effect on September 1st, and Texas AG Ken Paxton promptly issued a press release in which he “encourages children to begin with the Lord’s Prayer[.]”
  • Following the tragic shooting at Annunciation Catholic Church in Minneapolis, Jason Adkins, the executive director of the Minnesota Catholic Conference, appeared on “EWTN News In Depth,” where he called out state lawmakers for ignoring the pleas of Minnesota Catholic leaders for security funding for local nonpublic schools.

Around the Web

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

  • In Jarrard v. Sheriff of Polk County, the Eleventh Circuit held that Georgia jail officials violated the Free Speech clause of the First Amendment when they dismissed and continually denied the reapplication of a volunteer jail minister. The court found that the jail officials engaged in viewpoint discrimination based primarily on their theological disagreement with the petitioner’s beliefs on baptism and that even if they were concerned about inmate well-being and potential problems for jail administration, the jail did not pursue the least restrictive means to preserve petitioner’s right to express his beliefs.
  • In Case of Pindo Mulla v. Spain, the European Court of Human Rights held that a Spanish court had violated the European Convention on Human Rights by authorizing a blood transfusion for a critically bleeding woman who had refused blood transfusions due to her beliefs as a Jehovah’s Witness.
  • Amid current controversies relating over the sale of the “Cow’s Garden,” Armenian Christians strive to maintain their centuries-long presence in Jerusalem’s Old City.
  • The United Kingdom’s Secretary of State for Foreign Affairs has recently come under criticism for his blog post stating that Azerbaijan has been able to “liberate” the region of Nagorno-Karabakh. Azerbaijan conducted an ethnic cleansing of the region’s 120,000 Christian Armenians in violation of an order from the International Court of Justice.

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.

Around the Web

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

  • Last year, the U.S. Supreme Court held in 303 Creative LLC v. Elenis that the First Amendment prohibits Colorado from requiring a wedding website designer to design websites for same-sex weddings in violation of her religious beliefs. On remand, 303 Creative LLC v. Elenis, the District of Colorado entered a final order in the case in favor of the designer.
  • The Department of Justice filed suit in federal court seeking to enjoin the California Department of Corrections from requiring Muslim and Sikh officers to be clean shaven so that they can properly wear tight-fitting respirators. The complaint argues that wearing a beard is a sincerely held religious belief and that the Department of Corrections has not made an effort to accommodate the officers by, for example, placing them in positions that do not require use of respirators or offering alternative respirators that fit over beards. 
  • In St. Timothy’s Episcopal Church v. City of Brookings, a federal district court held that a zoning ordinance limiting the number of days a church can serve free meals to needy people violates RLUIPA. The church has been serving meals three to four times per week, but, in 2021, the city amended its zoning code to require a permit to continue serving meals and limited the service to two times per week.
  • In Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey, the New Jersey Supreme Court heard oral arguments in a suit brought by a rabbi who was terminated by an Orthodox Jewish day school for allegedly engaging in inappropriate conduct with elementary school-aged female students. The rabbi alleged the investigation that led to his termination was a “sham” and that he had been defamed, while the day school argued that he could not sue the school because its decision to terminate him is covered under the ministerial exception.
  • In T.I. v. R.I., a New York state trial court held that it would recognize a couple’s religious marriage even though the marriage was later annulled by a religious tribunal. The husband claimed that after the annulment, the marriage no longer existed and sought to have the wife’s civil divorce action dismissed, but the court refused to do so.
  • In S.E. v. Edelstein, an Ohio state appellate court affirmed dismissal of a suit brought by an Orthodox Jewish wife alleging her father-in-law intentionally interfered with a Jewish-law marriage contract she had with her husband. The court found that the suit, although couched as an intentional interference with contract claim, essentially sought damages for alienation of affections and breach of promise to marry, and those claims were barred by Ohio law

Around the Web

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

  • In Bardonner v. Bardonner, the Indiana Court of Appeals upheld a custody order that prohibited a father from taking his son to his church. The court held that his free exercise rights were not infringed upon by this restriction as the child’s mother, the legal guardian of the child, had the right to determine the religious upbringing of her child.
  • In Catholic Charities Bureau, Inc. v. State of Wisconsin Labor and Industry Review Commission, the Wisconsin Supreme Court held that the Catholic Charities Bureau and four of its sub-entities were not exempted from the state’s unemployment compensation law. The court reasoned that the controlling factor for qualification was whether the charity was operated primarily for religious purposes, and held that the charity’s purposes were instead charitable and secular.
  • The United States Commission on International Religious Freedom ended an official visit to the Kingdom of Saudi Arabia following a demand by Saudi officials to have USCIRF Chairman Rabbi Abraham Cooper remove his kippah while visiting a religious site.
  • In Miller v. McDonald, the District Court for the Western District of New York upheld the State of New York’s removal of religious exemptions from its mandatory student vaccination requirement. The Court held that the law was facially neutral, and the mere removal of existing religious exemptions is insufficient to prove hostility towards religion.
  • An observant Jewish passenger on a JetBlue flight filed suit against the airliner in the District Court for the Southern District of New York after being forced off the flight when he refused to sit next to a woman who wasn’t his wife or blood relative, on account of his religious beliefs.

Around the Web

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

  • In Magram v. Beavers, a retired Brigadier General in the Air National Guard sued his former supervisor in California state court, alleging both discrimination and wrongful termination on account of his Jewish heritage.
  • In Vitsaxaki v. Skaneateles Central School District, a Greek Orthodox mother sued a school district in federal court in New York, alleging that the district had socially transitioned her middle-school aged daughter without her knowledge and consent in violation of the mother’s free exercise right to raise her child according to her religious beliefs.
  • In Chavez v. San Francisco Bay Area Rapid Transit District, a federal district court in California refused to certify as a class a group of employees who were denied a religious exemption from a COVID vaccine mandate due to the inconsistent nature of the class members’ beliefs.
  • In Babayev v. Azerbaijan, the European Court of Human Rights held that Article 9 of the European Convention on Human Rights was violated by an Azerbaijani law prohibiting citizens with religious training abroad from conducting Islamic religious rituals within the country.
  • In State of Florida v. Gonzalez, a state appellate court found that Florida’s clergy-penitent privilege did not apply to a recording of a defendant’s meeting with church leaders in a child molestation case, since the statutory requirement of confidentiality was not met.
  • The EEOC announced that it has entered into a $70,000 settlement with an employer who refused to grant an accommodation to a Muslim employee regarding its no-beard policy, despite the fact it would not cost the employer anything to do so nor burden its operations.

Fed Soc Panel on 303 Creative

Thanks to the Federalist Society for inviting me to participate on a panel yesterday at the annual faculty conference, underway in Washington. I joined Amy Sepinwall (Wharton) and Dale Carpenter (Southern Methodist) for a discussion of 303 Creative, the wedding vendor case. Among the issues we addressed were the application of strict scrutiny to speech compulsions; the distinction between speech and conduct; and discriminating based on message vs. discrimination based on status. The video is linked below:

Around the Web

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

  • A petition for certiorari was filed with the U.S. Supreme Court in Reilly v. City of Harrisburg. Plaintiffs contend that a city ordinance restricting pro-life volunteers from offering one-on-one counseling near a Planned Parenthood facility violates the First Amendment by allowing certain speech within the buffer zone while banning pro-life speech.
  • In Brox v. Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, the 1st Circuit affirmed in part and vacated in part a trial court’s decision regarding religious vaccine exemptions due to the concern that a COVID-19 vaccine mandate policy would treat religious exemptions differently from medical exemptions.
  • The Department of Justice announced that a grand jury indicted an Indiana man for making death threats against the Anti-Defamation League because of the members’ religion. If convicted on all counts, the defendant could face a maximum penalty of 20 years in prison and a fine of up to $250,000.
  • A settlement has been reached between the federal government and Native American tribes in Oregon over the destruction of a sacred site near Mount Hood. The settlement includes measures to protect the site with a tree or plant barrier, provide access to a quarry for ceremonial and cultural purposes, and allow the plaintiffs to rebuild a stone altar at the location.
  • The Kansas Attorney General wrote a letter to the 10th Circuit requesting an end to the practice of using preferred pronouns for counsel, parties, and witnesses. He argues that the practice infringes on First Amendment rights, may conflict with religious beliefs, and may reveal bias on gender identity issues in ongoing legal matters.
  • California Governor Gavin Newsom vetoed Senate Bill 403, which aimed to ban caste-based discrimination, citing existing laws that already prohibit discrimination based on factors such as race, color, religion, ancestry, and national origin. Critics of the bill argued that it broadly paints the Hindu and South Asian communities as discriminatory.