Around the Web

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

  • Vice President J.D. Vance spoke regarding growing tension between the U.S. military and religious leaders and the pushback against current US military operations in Iran.
  • In Perry v. Marteney, the 4th Circuit Court of Appeals upheld a law in West Virginia that required vaccinations for public school students without religious exemptions.
  • in Singh v. Second Judicial District Court of the State of Nevada, a case regarding the transfer of a Sikh Temple into a trust, the court held that the ‘neutral principles exception’ to the ecclesiastical abstention doctrine can apply outside of church property cases.
  • In Maniar v. Noem, a D.C. District Court dismissed a suit brought by a Pakistani-American couple who claimed that being placed on a Screening List at the airport violated their free exercise rights.
  • In Johnson v. Fleming a Virginia federal district court dismissed Free Exercise claims regarding religious exclusions from a state tuition program.

Around the Web

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

  • The U.S. Supreme Court denied certiorari in The School of the Ozarks v. Biden, in which the 8th Circuit held a Christian college did not have standing to challenge a U.S. Department of Housing and Urban Development memorandum directing the HUD to investigate all discrimination complaints, including those based on sexual orientation or gender identity. This decision affected the school’s policy of maintaining single-sex residence halls according to biological sex, which is part of their religiously-inspired Code of Conduct.
  • In Braidwood Management, Inc. v. EEOC, the 5th Circuit held that the Religious Freedom Restoration Act (RFRA) necessitates an exemption from the sex discrimination provisions of Title VII for a company operating based on Christian beliefs about sexual orientation and gender identity. The court said that forcing the company to hire employees with opposing religious and moral views is not the least restrictive means of promoting its compelling interest.
  • In United States v. Lindor, the Army Court of Criminal Appeals found that the appellant’s use of Vodou rituals, while in accordance with his First Amendment rights, did not shield him from prosecution for murder. The court stated, “[A]ctivities that harm others are not protected by the free exercise clause. To characterize appellant’s chosen techniques to plan, express, and actuate his intent to murder . . . as the free exercise of his religious beliefs would expropriate the free exercise clause of any principled, reasonable meaning.”
  • The Darren Patterson Christian Academy has filed a lawsuit challenging the conditions Colorado has set for pre-schools to participate and receive funding in the state’s universal pre-school program. The school argues that the Colorado Department of Early Childhood’s regulations, which prohibit discrimination based on religion, sexual orientation, or gender identity, force it to forgo its religious character and beliefs. The school asserts that these rules compel it to hire employees who do not share its faith and to change internal rules and policies aligned with its religious beliefs, including those related to restroom usage, pronouns, dress codes, and student housing during field trips.
  • In Brandon v. Board of Education of the City of St. Louis, the Eastern District of Missouri declined to dismiss Free Exercise Clause and Equal Protection Clause claims by 41 teachers and staff challenging the school district’s COVID-19 vaccine mandate. The court reasoned, “[b]ecause Plaintiffs have pleaded the existence of a late-2021 policy apparently lacking the urgency that characterized the regulations and executive orders issued early in the pandemic… [the Court is] to apply the ordinary tiers of scrutiny to the District’s Policy as alleged.”
  • In Foothills Christian Church v. Johnson, the Southern District of California dismissed a free exercise challenge by Christian pre-schools to California’s child care licensing requirement. It held that the Child Day Care Facilities Act does not prevent the schools from offering a program that includes compulsory participation in religious events. While the Act requires that schools make attendance at religious activities voluntary in the discretion of the child’s parents or guardian, it also allows schools to refuse to admit children whose parents or guardians are unwilling to agree that their children will attend religious activities.

Around the Web

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

  • On Monday, the Biden Administration filed an emergency application with Justice Alito after the 5th Circuit upheld a preliminary injunction which protects Navy service members from facing consequences for their faith-based opposition to COVID-19 vaccines.
  • In Byrne v. Bowser, suit was filed in the D.C. federal district court by a nun who is a surgeon and family physician after she was denied a religious exemption from the District’s vaccine requirement for health care professionals.
  • In Dugan v. Bowser, suit was filed in the D.C. federal district court by parents of Catholic school students alleging that imposing the mask mandate on Catholic schools violates the Religious Freedom Restoration Act and the First Amendment.
  • In Temple of 1001 Buddhas v. City of Fremont, a California federal district court dismissed a suit by a religious adherent who lives on property owned by the Temple of 1001 Buddhas. The claimant challenged the city’s enforcement of the state’s building, electrical, and plumbing codes as a violation of RLUIPA.
  • In Ferrelli v. State of New York Unified Court System, a New York federal district court upheld the system for determining whether employees are entitled to religious exemptions from the COVID vaccine mandate imposed on all judges and employees of the New York State court system. The court concluded that the exemption process was neutral and generally applicable.
  • Virginia senators block a bill that would have prevented the governor from using an executive order to impose restrictions on the exercise of religion and would have prevented any such rule, regulation, or order from any governmental entity.
  • The EEOC has provided employers with updated guidance regarding religious objections to COVID-19 vaccinations.

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:

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:

 

Stoltzfus, “Pacifists in Chains: The Persecution of Hutterites During the Great War”

In November, John Hopkins University published Pacifists in Chains: The 9781421411279Persecution of Hutterites during the Great War, by Duane C. S. Stoltzfus (Goshen College, Indiana). The publisher’s description follows.

To Hutterites and members of other pacifist sects, serving the military in any way goes against the biblical commandment “thou shalt not kill” and Jesus’s admonition to turn the other cheek when confronted with violence. Pacifists in Chains tells the story of four young men—Joseph Hofer, Michael Hofer, David Hofer, and Jacob Wipf—who followed these beliefs and refused to perform military service in World War I. The men paid a steep price for their resistance, imprisoned in Alcatraz and Fort Leavenworth, where the two youngest died. The Hutterites buried the men as martyrs, citing mistreatment.

Using archival material, letters from the four men and others imprisoned during the war, and interviews with their descendants, Duane C. S. Stoltzfus explores the tension between a country preparing to enter into a world war and a people whose history of martyrdom for their pacifist beliefs goes back to their sixteenth-century Reformation beginnings.