Here are some important law-and-religion news stories from around the web:
- In Starkey v. Roman Catholic Archdiocese of Indianapolis, Inc., the Seventh Circuit held that the Co-Director of Guidance at a Catholic high school was a “minister” for purposes of the ministerial exception doctrine. The court also held that the ministerial exception doctrine applies to state tort claims for interference with contractual relationships and intentional interference with employment relationships.
- In The School of the Ozarks, Inc. v. Biden, the Eighth Circuit held that a Christian college lacks standing to challenge a memorandum issued by the U.S. Department of Housing and Urban Development. The memorandum directs the HUD office that enforces the Fair Housing Act to investigate all discrimination complaints, including discrimination based on sexual orientation or gender identity. At issue is the school’s religiously-inspired Code of Conduct, which specifies that biological sex determines a person’s gender and therefore requires single-sex residence halls.
- In Rojas v. City of Ocala, Florida, the Eleventh Circuit vacated and remanded a district court’s Establishment Clause decision that had relied on the now-repudiated Lemon test. In the case, plaintiffs challenged a prayer vigil that was co-sponsored by the Ocala police department and held in response to a shooting spree that had injured several children.
- In Buettner-Hartsoe v. Baltimore Lutheran High School Association, a Maryland federal district court held that a §501(c)(3) tax exemption for a religiously-affiliated high school constitutes federal financial assistance so that the school is subject to Title IX. The court also stated that schools that discriminate on the basis of sex are not entitled to federal tax exemptions.
- In Chris v. Kang, an Oregon federal district court dismissed a claim of race and national origin discrimination brought by a plaintiff who was not hired as the Worship Pastor of a Baptist Church. The court held that the ministerial exception doctrine applies to both Title VII and state employment discrimination claims, insulating from judicial review the church’s decisions on who should be its ministers.
- A petition for certiorari was filed in Church of Scientology International v. Bixler. In the case, a California state appellate court held that former Church of Scientology members were not bound by their agreement to submit disputes to the church’s Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the church.