Posted on by L&R Forum

Around the Web

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

  • In Garrick v. Moody Bible Institute, the Seventh Circuit permitted a sex discrimination lawsuit against the Moody Bible Institute to proceed, rejecting the institution’s argument for dismissal based on the religious autonomy doctrine. The court reasoned that while religious autonomy is important, it does not provide immunity in cases of non-ministerial employee discrimination.
  • In The Satanic Temple v. The City of Chicago, an Illinois district court allowed the Satanic Temple’s claim that the city violated the Establishment Clause by consistently delaying a request for a Satanic clergyman to deliver an invocation at a City Council meeting to proceed, stating that the city must treat the Satanic clergy member equally with those of other religions.
  • Iowa enacted a state Religious Freedom Restoration Act, which protects individuals’ religious exercise from government interference unless the government proves a compelling interest and uses the least restrictive means.
  • In Omid v. Ahmadi, a Connecticut trial court declined to enforce an Islamic mahr agreement in a divorce case. The court found the agreement’s terms ambiguous and intertwined with Islamic law and therefore deemed the agreement unenforceable due to difficulty in separating secular from religious considerations.
  • In Ramirez v. World Mission Society, Church of God, a plaintiff sued a church and its pastor for fraud, emotional distress, and negligence. The plaintiff alleges she was pressured into joining the church through concealment of its leader’s identity and coerced into donating money based on a misrepresented charitable use of funds.
  • Six inmates at the Woodbourne Correctional Facility in New York filed a lawsuit against a statewide prison lockdown preventing them from viewing the solar eclipse. The inmates are arguing they hold sincerely-held religious belief that this eclipse is important to the practice of their religion.
Posted on by L&R Forum

Around the Web

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

  • In Edgewood High School of the Sacred Heart v. City of Madison, Wisconsin, the 7th Circuit ruled against a religious school’s appeal for zoning approval to install lights for nighttime athletic events. The court found that the inability to host these events does not constitute a “substantial burden” on the school’s religious mission, noting that alternative venues could host such events, thus not impeding the school’s religious mission.
  • In Pendleton v. Jividen, the 4th Circuit found that a West Virginia prison’s dismissal of a Sufi inmate’s religious diet claim was incorrect. The inmate’s Sufi beliefs require a diet excluding soy, which cause him health issues, making soy-based foods religiously “Haram.” The court emphasized that an inmate does not need a medical allergy test to prove a substantial burden on religious practices, thus allowing his RLUIPA claim to proceed.
  • The Satanic Temple has filed a lawsuit in a Tennessee federal district court against the Memphis-Shelby County School Board, alleging unconstitutional hurdles in renting space for an After-School Satan Club.
  • Indiana Governor Eric Holcomb vetoed House Enrolled Act 1002, aimed at defining antisemitism in educational settings, citing its failure to fully adopt the International Holocaust Remembrance Alliance’s definition and examples, particularly concerning criticism of Israel.
  • The European Court of Human Rights ruled that Turkey violated Article 9 of the European Convention on Human Rights (concerning freedom of thought, consciousness, and religion) by convicting a conscientious objector for refusing reserve duty. The Court emphasized the absence of alternative service options for conscientious objectors in Turkish law, upholding previous case law on balancing societal interests and individual rights. Turkey is ordered to compensate the objector for non-pecuniary damage and costs.
Posted on by L&R Forum

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.
Posted on by L&R Forum

Around the Web

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

  • In Apache Stronghold v. United States, the 9th Circuit refused to bar the government from transferring federally-owned forest land, significant to Western Apache Indians’ spirituality, to a copper mining company. The court stated that the transfer did not substantially burden religious exercise under RFRA and the Free Exercise Clause.
  • In Christian Employers Alliance v. U.S. EEOC, a North Dakota district court blocked the Department of Health and Human Services and the EEOC from enforcing Affordable Care Act and Title VII mandates that require Christian employers to provide insurance coverage for gender transition procedures. The court stated that these employers would have to violate their religious beliefs to comply with these mandates.
  • In Bair Brucha Inc. v. Township of Toms River, New Jersey, a New Jersey district court found that the town used land use regulations to impede the construction of a synagogue in order to prevent the growth of the Orthodox Jewish community. The court cited evidence of anti-Semitic animus as the motivating factor behind the regulations and rejected the township’s argument that subsequent amendments to zoning laws shielded them from liability.
  • In Crosspoint Church v. Maikin, a Maine district court rejected a request to block the state’s laws barring LGBTQ discrimination from applying to a Christian school receiving public funding. The court stated that the legislature had the authority to define protected classes despite the school’s objections due to a conflict with religious beliefs.
  • Jewish students at Columbia University have filed a lawsuit accusing the institution of widespread antisemitism. The complaint alleges discriminatory policies, support for anti-Jewish violence by faculty, and a lack of protection for Jewish students from harassment.
  • A Christian youth-mentoring ministry in Oregon has filed a lawsuit challenging an anti-discrimination rule adopted by the Oregon Department of Education. The ministry argues that the rule violates its Free Exercise and Free Expression rights by disqualifying it from receiving grants due to their religious hiring practices, which require adherence to a Statement of Faith.
Posted on by L&R Forum

Around the Web

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

  • In U.S. Navy SEALs 1-26 v. Austin, a Texas federal district court found the repeal of the military’s COVID vaccine mandate only partially addressed a lawsuit by Navy SEALs denied religious accommodations. The SEALs argue the mandate exposed flaws in the Navy’s religious accommodation process, including delays and discriminatory practices, which remain unaddressed. The court noted ongoing issues such as indefinite request delays, lack of individual assessments, and coercive tactics against servicemembers seeking accommodations.
  • Members of the U.S. House Freethought Caucus criticized the invitation of Pastor Jack Hibbs to deliver an opening prayer in the House, labeling him a radical Christian Nationalist linked to the January 6th insurrection. They expressed concern over his history of controversial remarks towards non-Christians, immigrants, and the LGBTQ community, questioning the appropriateness of his role as Guest Chaplain.
  • The European Court of Human Rights ruled that Belgium’s elimination of exemptions for ritual slaughter without stunning, affecting Halal and Kosher practices, did not violate religious freedom or discrimination protections under the European Convention on Human Rights. The Court recognized animal welfare as a legitimate aim under the concept of public morals, emphasizing the evolving nature of societal values towards the ethical treatment of animals.
  • The British Columbia Supreme Court denied the Matsuri Foundation of Canada, a Shinto organization, a property tax exemption for Knapp Island, sought as a “place of public worship” under the Taxation (Rural Area) Act. The court found that the island’s worship use was private, lacking public access and invitation, and rejected Matsuri’s equity-based exemption argument for Knapp Island compared to other British Columbia properties.
  • The Church of England faces scrutiny over claims that it has unwittingly aided Muslim migrants in seeking asylum by converting to Christianity, motivated by the prospect of persecution claims. Bishop Guli Francis-Dehqani acknowledged the difficulty in discerning genuine conversions, highlighting a small number of abuses. The Church defends its actions, emphasizing its biblical duty to care for strangers, while stating that assessing asylum claims is the government’s responsibility.
  • Greece became the first Christian Orthodox country to legalize same-sex marriage, following a Parliamentary vote of 176-76, led by Prime Minister Kyriakos Mitsotakis. The legislation, however, restricts same-sex couples from surrogacy rights, sparking criticism from LGBT groups. The Orthodox Church had opposed the legislation for different reasons and threatened supporters with excommunication.
Posted on by L&R Forum

Around the Web

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

  • In Long v. Sugai, the 9th Circuit ruled that a Hawaii prison sergeant potentially violated an inmate’s free exercise rights by delivering Ramadan meals four hours before sundown, leading to inedible and possibly unsafe food. The court emphasized that the timing of meal delivery significantly burdened the inmate’s religious practices and instructed the district court to evaluate whether this burden was justified.
  • In Landor v. Louisiana Department of Corrections and Public Safety, the 5th Circuit denied an en banc rehearing of a case for damages from prison officials who shaved a Rastafarian prisoner’s head. The court said that even though the prison officials knowingly violated his rights, the question of whether the plaintiff can sue for damages under the Religious Land Use and Institutionalized Persons Act is one for the Supreme Court.
  • In Bridges v. Prince Georges County, Maryland, a federal district court declined summary judgment in a suit brought by a Muslim chaplain alleging First Amendment violations due to a “Statement of Applicant’s Christian Faith” in a prison job application. The court found the statement could be seen as a religious test, but disputes over its optional nature and impact on the plaintiff’s religious expression prevented summary judgment for either side.
  • In The Satanic Temple v. Labrador, a federal district court dismissed a case by The Satanic Temple challenging Idaho’s Defense of Life Act. The Satanic Temple argued it violated their religious right to conduct ritualistic ceremonial abortions and now plans to appeal the decision to the Ninth Circuit.
  • The Roman Catholic Archbishop of Montreal is challenging a Quebec law requiring  all palliative care homes to offer medical assistance in dying, arguing it violates religious freedom. The Archbishop asserts that a palliative care home associated with the Catholic Church should not be obligated to administer euthanasia, emphasizing the importance of respecting freedom of conscience.
  •  In Miller v. University of Bristol, a British Employment Tribunal ruled that a Professor’s anti-Zionist views qualified as a protected philosophical belief under the Equality Act 2010. However, the University issued a press release stating that the professor’s employment was terminated because his comments did not meet their behavioral standards.
Posted on by Mark Movsesian

Boersma on Socrates and Aristotle

This week’s book isn’t exactly about law and religion, but we’re going to give ourselves a little leeway. Next month, SUNY Press will release a new book by one of our former student fellows, John Boersma, who has gone on to an academic career in political theory: Aristotle’s Quarrel with Socrates: Friendship in Political Thought. John, who’s currently a visiting associate professor at Christendom College, argues that Aristotle’s understanding of friendship offers a way to bridge the gap between philosophy and politics–which, come to think of it, sounds relevant to debates about the tension between religion, understood as a private pursuit, and public life. So perhaps John’s book is relevant to law-and-religion after all. Congrats, John! Here’s the publisher’s description:

Aristotle’s Quarrel with Socrates is an account of the role friendship plays in ancient political thought. Examining Platonic dialogues and Aristotle’s ethical and political treatises, John Boersma makes the case that the different stances Aristotle and Socrates take toward politics can be traced to their divergent accounts of friendship. Aristotle’s Quarrel with Socrates brings to the fore the tension that exists between the philosophic life as exemplified by Socrates and the life devoted to politics. It goes on to argue that Aristotle’s account of a friendship of the good, based on human excellence, can reduce, not to say eliminate, this tension, enabling the development of a political community that is organized for action in history.

Posted on by L&R Forum

Around the Web

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

  • In St. Hillaire v. Montefiore Medical Center, a New York federal court ruled against a hospital manager’s religious discrimination claim over a denied Covid vaccine exemption. The court noted the hospital’s legal obligation to follow state mandates, which made the plaintiff’s exemption as a registered nurse impossible without incurring undue hardship.
  • In Russo v. Patchogue-Medford School District, a New York federal court ruled that the school district’s refusal to accommodate a psychologist’s religious objection to Covid mandates did not violate Title VII. The court found the state’s test-or-vaccination requirement to be a neutral law and determined that the plaintiff’s request for remote work, which involved reducing job responsibilities, constituted an undue hardship for the employer.
  • In Melton v. Union Hill Missionary Baptist Church, the Mississippi Supreme Court vacated a lower court’s ruling in a pastor-dismissal dispute. The court declared the chancellor’s involvement in a congregational vote was unconstitutional, stating it breached church-state separation under the ecclesiastical abstention doctrine.
  • In Kestenbaum v. President and Fellows of Harvard College, students sued Harvard University in a Massachusetts federal court, alleging Title VI Civil Rights Act violations. The complaint accuses Harvard of not protecting Jewish students from widespread anti-Jewish sentiment and discrimination, contrasting its approach to other forms of bias. The suit demands institutional changes, including disciplinary actions and antisemitism training.
  • A Pennsylvania appellate court in South Hills Catholic Academy v. Department of Human Services ruled against the school’s claim that state regulations infringed on its religious freedoms. The court found no violation of religious rights, as the regulations merely required compliance with civil rights laws, which do not apply to religious schools.
  • The State Department, following the International Religious Freedom Act, designated several countries as concerns for religious freedom violations. Among those listed as Countries of Particular Concern are China, Iran, and Russia, while Azerbaijan was included on the Special Watch List. The U.S. Commission on International Religious Freedom expressed disappointment over Nigeria and India’s exclusion from the list.
Posted on by L&R Forum

Around the Web

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

  • The U.S. Supreme Court has agreed to review a decision blocking Idaho’s nearly total abortion ban, specifically examining whether the federal Emergency Medical Treatment and Labor Act overrides state laws like Idaho’s Defense of Life Act. President Biden criticized the decision for allowing Idaho’s nearly complete abortion ban to be reinstated.
  • In United States v. Gallagher, a Tennessee federal court limited the extent to which defendants, facing charges for blocking the entrance to an abortion clinic, can reference their religious beliefs. The court stated that discussion of religion can be used to establish intent or purpose, but could not be used as a defense.
  • In Church of the Celestial Heart v. Garland, a California federal judge refused to dismiss a RFRA suit challenging the Controlled Substance Act, which restricts the church’s use of Ayahuasca, a plant-based psychedelic drug.
  • The School of the Art Institute of Chicago is being sued by a Jewish Israeli student claiming discrimination and hostility; the complaint alleges biased admissions and increased harassment after the October 7 Hamas attack on Israel.
  • A Yale professor has filed a sex discrimination suit against the Abyssinian Baptist Church in New York for rejecting her application to become Abyssinian’s senior pastor.
  • Pope Francis, in his recent remarks to the Diplomatic Corps at the Holy See, called for a global ban on surrogate motherhood, stating that a child should never be the basis of a commercial contract.
Posted on by Mark Movsesian

A History of Evangelicals and Religious Freedom

Here is an interesting-looking collection of essays from Baylor on the history of Evangelical Christians and politics–especially, the politics of religious freedom: The Gospel and Religious Freedom: Historical Studies in Evangelicalism and Political Engagement. Like most religious communities, Evangelicals have a mixed record in this regard, supporting religious freedom in some contexts and opposing it in others. The book’s chapters cover episodes from Wilberforce to Trump. The editor is David Bebbington (University of Stirling-Scotland). Here’s the publisher’s description:

Religious freedom as enshrined in the Universal Declaration of Human Rights remains a perennial concern across the globe. Over the centuries many evangelicals have not enjoyed this right in practice, but they have generally advocated its acceptance, especially to allow the spread of the gospel. Not always, however, have they supported freedom for religious groups besides themselves and sometimes they have endorsed discrimination against other bodies.

The Gospel and Religious Freedom explores the complex relationship in theory and practice between evangelicals and religious freedom, covering periods from the eighteenth century to the present. The volume includes studies of the intellectual lineage of asserting the free exercise of religion, of evangelicals in the United States who endorsed religious liberty in the early twentieth century, and of recent American evangelical political pressure on behalf of freedom of religion at home and abroad. Other contributions address the evangelical defense of the cause in British territories in the age of William Wilberforce, the apparent threat to religious liberty by Roman Catholics throughout the world, an evangelical attempt to restrain Muslim laws in Nigeria, and the persecution of believers by Communists in Eastern Europe and China.

Evangelical Christians emerge as preeminently concerned with evangelism but in other respects diverse in their responses to challenges in various global regions. This volume is designed to demonstrate something of the significance of the evangelical movement in the history of the modern world.