2nd Circuit: Establishment Clause Claim that "Feminism Is Religion" Dismissed On Collateral Estoppel Grounds

In Hollander v. Members of the Board of Regents of the University of the State of New York, (2d Cir., April 10, 2013), the 2nd Circuit dismissed on collateral estoppel grounds an action claiming that the state and federal governments have violated the Establishment Clause by providing funding to Columbia University which maintains an Institute for Research on Women’s and Gender Studies and a Women’s Studies program. Plaintiff argues that feminism is a "modern-day religion." The courts had dismissed a similar suit in 2010 on standing grounds, and so the issue cannot now be relitigated. The court added: "Hollander is an attorney. Before again invoking his feminism-as-religion thesis in support of an Establishment Clause claim, we expect him to consider carefully whether his conduct passes muster under Rule 11," the procedural rule that imposes sanctions on attorneys for filing frivolous lawsuits. (See prior related posting.)