Tuesday, October 02, 2007

Three More Cert. Denials In Religion Cases

In addition to the two denials of cert. which were previously featured (1) (2), the U.S. Supreme Court also denied certiorari yesterday in three additional religion cases in its lengthy Order List. The additional denials are in:

Boggan v. Mississippi Conference of the United Methodist Church, (Docket No. 06-1459). The court below relied on the ministerial exception to Title VII of the 1964 Civil Rights Act to dismiss a claim by a pastor that he and other African-American pastors had not been promoted to higher paying church positions because of their race. (See prior posting.) The 5th Circuit Court of Appeals affirmed the district court in a short per curiam opinion last February.

Vision Church v. Village of Long Grove, (Docket No. 06-1497). The 7th Circuit Court of Appeals below rejected challenges to a special use permit requirement, and held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA. (See prior posting.)

Barrow v. Greenville Independent School District, (Docket No. 07-59). A 5th Circuit opinion below had rejected a claim that a policy of disfavoring public school teachers whose children attend private school imposed a disparate impact on those sending their children to religious schools. [Thanks to Blog from the Capital for the lead.]