Posted on by L&R Forum

Around the Web

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

  •  In People v. Johnson, a California appellate court ruled that prohibiting a criminal defendant, an ordained minister, from wearing a clerical collar and having a Bible during trial was not a reversible error. The court found that this restriction did not affect the trial’s fairness or the verdict. 
  • In Gartenberg v. The Cooper Union for the Advancement of Science and Art, a New York federal court ruled that while Title VI must be applied consistently with the First Amendment, it still requires schools to address harassment that goes beyond protected speech. The court found that Cooper Union’s response to antisemitic intimidation, where protestors banged on a locked library door while Jewish students sheltered inside, was inadequate under Title VI, as the conduct was physically threatening and not shielded by free speech protections.
  • In Civil Rights Department v. Cathy’s Creations, Inc., a California appellate court ruled that a bakery violated state civil rights law by refusing to sell a predesigned white cake for a same-sex wedding reception. The court rejected the bakery’s free speech and religious freedom defenses, finding that its policy was facially discriminatory.
  • In Miller v. City of Burien, a Washington federal court upheld the city’s requirement that a Methodist church obtain a permit before hosting a homeless encampment on its property. The court ruled that the permit process did not substantially burden the church’s religious exercise, as the city’s request was a minor inconvenience aimed at ensuring safety.
  • In Roman Catholic Archbishop of Washington v. Doe, the Maryland Supreme Court upheld the retroactive elimination of the limitation period for filing child sexual abuse lawsuits, ruling that the General Assembly had the power to abrogate the statute of limitations.
Posted on by L&R Forum

Around the Web

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

  • In The Satanic Temple, Inc. v. City of Boston, the 1st Circuit ruled that the Boston City Council did not violate the 1st Amendment by choosing not to invite representatives of the Satanic Temple to deliver invocations at Council meetings. The court found no evidence of religious bias in the selection process as Council members choose speakers based on personal or community ties.
  • In StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology, a Massachusetts district court dismissed a suit against MIT, which alleged that the university showed deliberate indifference to a hostile environment affecting Jewish and Israeli students in violation of Title VI. The court found that MIT took various steps to address the escalating protests and threats, indicating that its response was not clearly unreasonable.
  • A Massachusetts district judge denied Harvard’s motion to dismiss a lawsuit by six Jewish students alleging the university failed to address pervasive antisemitism on campus, citing the university’s “deliberate indifference”. The decision is particularly notable as it comes shortly after the same judge dismissed a similar lawsuit against MIT (see above).
  • In Spillane v. Lamont, the Connecticut Supreme Court decided that parents cannot pursue constitutional challenges to the removal of religious exemptions from vaccination requirements because of sovereign immunity. However, the court allowed a statutory claim under the Connecticut Religious Freedom Restoration Act, stating that sovereign immunity does not block this type of claim.
  • Americans United for Separation of Church and State faces internal conflict and allegations of a troubled work culture. A staff union and former board members complain that the group’s leadership prioritizes publicity over the organization’s core mission of protecting the separation of church and state, which has resulted in resignations and accusations of a toxic environment.

Posted on by L&R Forum

Around the Web

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

  • In Hile v. State of Michigan, the 6th Circuit Court of Appeals ruled that a Michigan constitutional amendment prohibiting public funds from aiding private or religious schools does not violate the equal protection rights of parents. The amendment restricts the use of the Michigan Educational Savings Program from sending children to religious schools. Plaintiffs argued the amendment was motivated by anti-Catholic bias and restricted their political process rights. The court, however, expressed doubts about the political process doctrine’s applicability to religious discrimination.
  • In Snyder v. Chicago Transit Authority, an Illinois federal district court permitted a plaintiff to proceed with claims under Title VII and the Illinois Religious Freedom Restoration Act. The plaintiff was denied a religious exemption from his former employer’s COVID vaccine mandate.
  • In Kelley v. Gupta, a New York state trial court resolved a dispute within the Hare Krishna movement over a Freeport, New York temple. The court recognized the Governing Body Commission of the International Society for Krishna Consciousness (GBC) as the highest ecclesiastical authority, validating GBC’s expulsion of a defendant for practicing ritvikism, deemed by GBC a “dangerous philosophical deviation.” The court ruled in favor of GBC’s ecclesiastical authority and decisions, including the entitlement of GBC’s trustees to immediate possession of the temple and associated properties.
  • In State of Louisiana v. Neveaux, a Louisiana state appeals court dismissed a free exercise challenge alleging that a provision of a criminal procedure code allowed capital case juror dismissal for anti-capital punishment views. The court found the provision neutral and generally applicable, as it does not target specific religions and applies to anyone regardless of their stance on the death penalty.
  • In Craver v. Faith Lutheran Church, a Texas state appeals court ruled that the ecclesiastical abstention doctrine necessitated dismissal of a pastor’s lawsuit against his former church employer. The pastor’s breach of contract and fraudulent inducement claims were found to be deeply intertwined with church governance issues, making them unsuitable for secular court adjudication.
  • In response to increased antisemitic incidents in educational institutions following the October 7 Hamas attack on Israel, the U.S. Department of Education’s Assistant Secretary for Civil Rights issued a “Dear Colleague” letter. The letter reminds schools and colleges receiving federal aid of their legal obligations under Title VI of the Civil Rights Act of 1964. It emphasizes the requirement to create a discrimination-free environment for students “perceived as Jewish, Israeli, Muslim, Arab, or Palestinian,” outlining specific scenarios where discrimination must be addressed.