Kentucky Legislature Orders Return of 10 Commandments Monument to State Capitol Grounds

Kentucky House Joint Resolution 15 (full text) became law without the Governor's signature on March 27.  The Resolution orders a "return for permanent display on the New State Capitol grounds the granite Ten Commandments monument given to the Commonwealth of Kentucky in 1971 by the Fraternal Order of Eagles." In 2002, the U.S. 6th Circuit Court of Appeals, rejecting a 2000 legislative resolution, held that placing of the monument back on statehouse grounds after it had been moved in a construction project would violate the Establishment Clause. The state's new Resolution states in part:

the legal precedent under which the 2000 joint legislative resolution’s mandate to return the monument to the New State Capitol grounds near the floral clock was enjoined, has been abandoned by the United States Supreme Court, and is no longer good law....

Christian Post reports on the Resolution.

New York County Clerk Refuses to File Texas Default Judgment Against Doctor Who Sent Abortion Pills to Texas Woman

New York state's Shield Law (EXECUTIVE 837-x) provides in part:

No state or local government employee ... shall cooperate with ... any out-of-state individual or out-of-state agency or department regarding any legally protected health activity in this state, or otherwise expend or use time, moneys, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state... 

Invoking this provision, an Ulster, New York County Clerk yesterday refused a request by Texas Attorney General Ken Paxton to enforce in New York a Texas default civil judgment against a New York physician charged with providing abortion medication to a woman in Texas. Ulster County Clerk Taylor Bruck's statement (full text) reads in part:

Today, I informed Texas State Attorney General Ken Paxton that the Ulster County Clerk’s Office will not be filing a summary judgment against a New Paltz physician who is facing charges in Texas for providing mifepristone via telehealth to a Texas resident. The judgment in question seeks a civil penalty exceeding $100,000 due to the doctor’s failure to appear in court. 

As the Acting Ulster County Clerk, I hold my responsibilities and the oath I have taken in the highest regard. In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office...

The case will provide an interesting test of the extent of exceptions to the federal Constitution's "full faith and credit" clause which generally requires one state to enforce judgments of another state's courts.

Texas Tribune Reports on these developments.

Yeshiva University Settles Litigation With LGBTQ+ Students

A Joint Statement (full text) from the parties to the long-running litigation between Yeshiva University and LGBTQ+ students attempting to form a student organization on campus reports in part:

The parties have reached an agreement and the litigation is ending. Current students will be implementing a club, to be known as Hareni, that will seek to support LGBTQ students and their allies and will operate in accordance with the approved guidelines of Yeshiva University’s senior rabbis. The club will be run like other clubs on campus, all in the spirit of a collaborative and mutually supportive campus culture.”

In December 2022, a New York state appellate court had ordered the University to recognize a different group, YU Pride Alliance, that students had previously formed. (See prior posting).  Inside Higher Education reports on these developments.

5th Circuit: Prison's Punishment for Inmate's Religious Observance Can Violate RLUIPA

In Johnson v. Jefferson Parish Sheriff Office, (5th Cir., March 25, 2025), the U.S. 5th Circuit Court of Appeals reversed and remanded to a Louisiana federal district court a prisoner's lawsuit alleging violations of RLUIPA and the 1st Amendment. The district court had dismissed the suit at the initial screening stage. The court explained:

Pro se plaintiff and pretrial detainee Damien Johnson follows the Rastafarian religion and took a religious vow that prevents him from cutting his hair.  Adhering to that vow, Johnson refuses to cut his hair to comply with Jefferson Parish Sheriff’s Office’s (“JPSO”) policy.  As a consequence, he is not allowed to go into the yard, use the phone, or buy items from the commissary.  Instead, he alleges he is confined to an unsanitary unit infected with toxic mold....

Here, the district court concluded that Johnson failed to allege a substantial burden on his religious exercise because he “is in fact still exercising his vow to continue growing his hair.” But this conclusion has the problematic result of decreasing protection for the staunchest religious observers who have to face severe punishment to continue exercising their religion.  Indeed, the district court is wrong—an individual can face a “substantial burden” on religious exercise based upon limitations and punishments in the prison while continuing to exercise their religion....

USCIRF Annual Report Recommends Designating Countries Restricting Religious Freedom

The U.S. Commission on International Religious Freedom yesterday released its 2025 Annual Report (full text). The 96-page Report makes recommendations to the State Department for countries to be named as Countries of Particular Concern (CPC's), countries to place on its Special Watch List (SWL), and non-state actors to be names as entities of particular concern (EPSCs). The Report also makes policy recommendations to the Executive and Congress. The Report says in part:

Now more than ever, U.S. support for the right to freedom of religion or belief must remain a priority as both a strategic national interest and a reflection of our national identity. Since the passage of the International Religious Freedom Act of 1998, and in practice well before, the United States has stood unreservedly on the side of individuals freely asserting their religion or belief, which includes the right to hold a belief and the right to express it through practice, teaching, or worship according to one’s own convictions....

The administration of President Donald J. Trump faces a complex international environment in which to build on its previous success of centering religious freedom as a cornerstone of foreign policy and global leadership. Confirming this commitment to advancing freedom of religion or belief will require calibration and joint action with like-minded governments, and this report outlines concrete policy recommendations for this administration to maximize the success of its efforts as such. These recommendations begin with the prompt appointment of an Ambassador at Large for International Religious Freedom, who leads initiatives through the U.S. Department of State to highlight and address religious freedom concerns around the world....

For 2025, based on religious freedom conditions in 2024, USCIRF recommends that the State Department:

 ■ Redesignate as CPCs the following 12 countries: Burma, China, Cuba, Eritrea, Iran, Nicaragua, North Korea, Pakistan, Russia, Saudi Arabia, Tajikistan, and Turkmenistan;

■ Designate as additional CPCs the following four countries: Afghanistan, India, Nigeria, and Vietnam;

■ Maintain on the SWL the following two countries: Algeria, Azerbaijan; 

■ Include on the SWL the following 10 countries: Egypt, Indonesia, Iraq, Kazakhstan, Kyrgyzstan, Malaysia, Sri Lanka, Syria, Turkey, and Uzbekistan; and

 ■ Redesignate as EPCs the following seven nonstate actors: al-Shabaab, Boko Haram, Hay’at Tahrir al-Sham (HTS), the Houthis, Islamic State – Sahel Province (ISSP), Islamic State in West Africa Province (ISWAP) (also referred to as ISIS-West Africa), and Jamaat Nasr al-Islam wal Muslimin (JNIM)....

South Dakota Enacts Law Barring Transgender Individuals from Using State Restrooms Consistent with Their Gender

On March 20, South Dakota Governor Larry Rhoden signed HB 1259 (full text).  The new law provides that public schools and buildings owned or occupied by state or local governments may not allow transgender males or transgender females to enter multi-person rest rooms, changing rooms or sleeping quarters that are inconsistent with their biological sex. Accommodations through unisex, family or single occupancy rooms may be made for transgender students whose parents request it. A person who encounters someone in a restroom or changing room in violation of these provisions can sue the school or state to obtain an injunction or declaratory judgment. AP reports on the new law.

Diocese and Pregnancy Center Challenge Illinois Ban on Employment Discrimination Because of Reproductive Health Care Choices

Suit was filed last week in an Illinois federal district court by a Christian Pregnancy Care Center and a Catholic diocese challenging the requirement that they comply with recent amendments to the Illinois Human Rights Act that prohibit discrimination against employees based on their reproductive health care decisions. The complaint (full text) in Pregnancy Care Center of Rockford v. Bennett, (ND IL, filed 3/20/2025), alleges in part:

198. Because they wish to carry out their respective missions and spread their pro-life messages successfully, Plaintiffs hire and retain employees who avoid reproductive decisions that undermine their identity, mission, and message. For Plaintiffs, the credibility of their messengers is as important as the message. 

199. The Act’s Employment, Offensive Speech, and Notice Clauses severely burden Plaintiffs’ freedom of expressive association by forcing them to form associations and assemblies with employees whose reproductive decisions undermine their mission and message....

209. The Act substantially burdens Plaintiffs’ right to the free exercise of religion by prohibiting faith-based speech and conduct related to reproduction, interfering with their faith-based employment decisions, and forcing Plaintiffs to revise their statements of faith, positional statements, codes of conduct, employee handbooks, and other policy documents....

235. [The] right to religious (or “church”) autonomy safeguards a religious organization’s decision about which officers, board members, employees, and volunteers are best suited to advance its religious mission and purpose. 

236. This freedom extends to Plaintiffs’ ability to hire and employ only those who believe—and live out—the beliefs of their organizations about reproductive health decisions such as abortion, sterilization, and contraception....

259. The Act also restricts Plaintiffs’ right to free speech because it compels them to speak a message contrary to their beliefs not only to their current employees but also to prospective employees and the public in general....

281. Defendants’ application of the Act’s provisions about reproductive decisions to Plaintiffs’ religious speech and conduct violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Catholic Vote reports on the lawsuit. 

Kansas House Condemns Planned Satanic Black Mass at Statehouse

On March 20, the Kansas state House of Representatives adopted House Resolution 6016 (full text) denouncing a Black Mass planned by the Satanic Grotto for the statehouse grounds. The permit that was granted insisted that the event be held outdoors, though the leader of the Satanic Group threatens to try to move it inside in violation of the permit. The House Resolution that passed by a vote of 101-15 reads in part:

WHEREAS, The Kansas House of Representatives acknowledges and respects that the First Amendment to the Constitution of the United States guarantees all citizens the right to assemble and the freedom of speech, even as it expresses its profound disagreement with actions that mock or desecrate sacred beliefs; and

WHEREAS, The planned satanic worship ritual is an explicit act of anti-Catholic bigotry and an affront to all Christians. It blasphemes our shared values of faith, decency and respect that strengthen our communities: Now, therefore,

Be it resolved by the House of Representatives of the State of Kansas: 

That we denounce the planned satanic worship ritual scheduled to take place on the grounds of the people's house, the Kansas state capitol grounds, on March 28, 2025, as a despicable, blasphemous and offensive sacrilege to not only Catholics but all people of goodwill, and it runs contrary to the spiritual heritage of this state and nation; and 

Be it further resolved: That we call upon all Kansans to promote unity, mutual respect and the values that uphold our identity as one nation under God;....

According to the Topeka Capital-Journal:

Kansas City, Kansas, [Archbishop] Joseph Naumann accused the Satanic Grotto of stealing a consecrated host,... in a civil lawsuit. But Naumann dropped the lawsuit after Michael Stewart, president of the Satanic Grotto, testified that the wafers were lawfully purchased.

Recent Articles of Interest

From SSRN:

• Chad Flanders, Is Yoder v. Wisconsin Limited to Its Facts?, (Saint Louis U. Legal Studies Research Paper Series 2025-05).
• Josh McDaniel, Religious Minorities and Secular Rights, ((March 15, 2025). Liberty & Law Center Research Paper).
• Ahmer Bilal Soofi, The Quran's Covenantal Structure and Letters of the Prophet – Non-Use of Force in International Relations, (November 28, 2024).
• Carlos A. Ball, Supreme Court LGBTQ Orthodoxy, (forthcoming vol. 90 Missouri Law Review (2025)).
• Julia Cage & Malka Guillot, Is Charitable Giving Political? Evidence from Wealth and Income Tax Returns, ((March 01, 2025), CESifo Working Paper No. 11731).
• Michelle M. Wu, Exposing the Unconscious Bias in Abortion Laws Through Comparison with Routine Removal, (January 10, 2025).
• Nancy J. Knauer, LGBTQ Rights in an Age of Democratic Uncertainty: How to Counter the Politics of Eradication, (February 26, 2025).

From SmartCILP:

• Josh A. Roth, No Escape: How the Library of Congress Weaponized Internal Relocation Against Persecuted Sikhs and How to Fight Back, 31 Asian American Law Journal 83-103 (2024).
• Nathan J. Ristuccia, Christianity and Originalism: The Machen Brothers and the Question of Legal Fundamentalism, 36 Regent University Law Review 251-292 (2024).

School's Gender Support Policy Did Not Violate Parent's Free Exercise or Due Process Rights

In Vitsaxaki v. Skaneateles Central School District, (ND NY, March 20, 2025), a New York federal district court rejected free exercise and due process challenges to a school district's policy of referring to students by their preferred names and pronouns without informing parents that the district is doing so.  The court said in part:

Mrs. Vitsaxaki asserts that her free exercise of religion was substantially burdened when she was unable to direct the upbringing and education of her child to “counteract” the school district’s implicit messaging that “people can change their sex.” ...

Mrs. Vitsaxaki asserts that the district’s actions taken pursuant to the Policy— permitting Doe to use a preferred names and pronouns and to receive school counseling regarding gender identity questions—were in direct contradiction of her religious views concerning gender and biological sex....

... [A] Policy that permits students to use preferred names and pronouns cannot be said to promote or endorse a religious message nor establish a particular religious practice.  Nor does Mrs. Vitsaxaki allege that it does.  Mrs. Vitsaxaki merely alleges that the choices available to students who choose to take advantage of the Policy runs afoul of her own religious beliefs....

... [T]he Court is satisfied that the Policy, which enables students to use their preferred name and/or pronouns is rationally related to the school district’s legitimate interest in promoting a safe learning environment for its students. ...

Rejecting plaintiff's claim that the school infringed her parental rights, the court said in part: 

... [W]ithin the Second Circuit, the scope of parental rights has been limited in the education context.  Most recently, ..., the Second Circuit held that “there is not a parental right, absent a violation of the Religion Clauses, to ‘direct how a public school teaches their child.’”  ...

... Mrs. Vitsaxaki’s verified complaint—and copies of the Policy...—describe a Policy that operates more like a civility code that extends the kind of decency students should expect at school: such as being called the name they ask to be called.  This strikes at the heart of the subject and manner of instruction a school district is entitled to implement for its students....

... Mrs. Vitsaxaki does not plausibly allege that the district diagnosed or treated Doe or that the district violated her right to make healthcare decisions on Doe’s behalf.   

Simply put, she remained free to exercise her parent rights at home.

Covid Era Mask Mandate Did Not Violate Free Exercise

In Robol v. City of Columbus, (OH App., March 20, 2025), an Ohio state appellate court affirmed the dismissal of plaintiff's claims that the city infringed his free exercise rights when during the Covid pandemic it required individuals to wear a mask in public spaces.  The court said in part:

Ordinance 1643-2020, the City’s mask ordinance, required all persons to wear a mask in public spaces.  The ordinance did not regulate, or even mention, any religious activity, religious creed, or religious affiliation.  Thus, the face mask policies Mr. Robol challenges are both neutral and generally applicable....

Despite the general applicability and neutrality of the mask ordinance, Mr. Robol nonetheless asserts the City violated his rights under the Free Exercise Clause because the ordinance violated his Christian beliefs, forced him to worship a false god, and had the effect of mocking the tenets of his faith.  Though we do not question the sincerity of Mr. Robol’s interpretation of his religion, we are mindful that a government action is not unconstitutional merely because it incidentally burdens religious practices.

Mr. Robol also brought a religious exercise claim under 42 U.S.C. 2000bb, the Religious Freedom Restoration Act....

Not every imposition on religious exercise is a substantial burden....

Without doubting the sincerity of Mr. Robol’s belief that wearing a face mask violates his religious beliefs, we note that Mr. Robol does not allege, much less demonstrate through Civ.R. 56 evidence, that the face mask policies imposed any more than a mere inconvenience to his religious beliefs.....

Mr. Robol argues the City’s face mask requirement violated his freedom of speech and expression because the choice not to wear a face mask is a form of expressing his opposition to the City’s response to the COVID-19 pandemic.  The City’s mask ordinance is content-neutral, and nothing in the terms of the ordinance suggests the purpose is to regulate speech.  And we agree with appellees the face mask policy promotes an important governmental interest in controlling the spread of COVID-19 that is unrelated to the suppression of speech.....

Kentucky Legislature Authorizes Conversion Therapy for Minors

Last week, the Kentucky legislature gave final approval to House Bill 495 (full text) which invalidates Executive Order 2024-632 issued last year by Governor Andy Beshear.  The Executive Order contained a number of provisions to prevent the practice of conversion therapy on minors. HB 495 also prohibits the use of Medicaid funds for cross-sex hormones or gender reassignment surgery.  AP, reporting on the bill's passage, said in part:

The measure voted on Friday, and denounced by Beshear, cleared both chambers by veto-proof margins. Lawmakers will take up vetoes while wrapping up this year’s session in late March.

[Thanks to Thomas Rutledge for the lead.]

EEOC Enjoined from Enforcing Pregnant Workers Fairness Act Against Christian Nonprofit Organization

In Stanley M. Herzog Foundation v. EEOC, (W.D. Mo. Oct 04, 2024), a Missouri federal district court issued a preliminary injunction barring the EEOC from enforcing the Pregnant Workers Fairness Act and rules implementing it against plaintiff, a nonprofit Christian educational organization, where enforcement would require plaintiff to accommodate abortions that are contrary to its sincere religious beliefs. The court said in part:

... [T]he EEOC has not established that it used the least restrictive means to advance its interests at this stage. The Final Rule’s approach requires employers to provide accommodations for employees who obtain abortions and permits a religious employer to assert a religious defense only after an employee brings a complaint against it for refusing to provide accommodations. There is no way for a religious employer to ensure it will not face investigation or prosecution ahead of time. The Foundation suggests a number of alternatives the EEOC could have taken, which are less restrictive of its free exercise rights....  The EEOC argues these alternatives are not feasible because the PWFA does not give it authority to predetermine religious exemptions or defenses. Ultimately, the burden is on the EEOC to “prove with evidence” that its policies are the least restrictive means “to achieve its compelling interest, including alternative forms of regulation.”

... [T]he Foundation is likely to succeed on the merits of its RFRA claim.....

The Heartlander reports on the decision.

Supreme Court Denies Execution Stay to Buddhist Who Says His RLUIPA Rights Will Be Violated

 In a 5-4 decision in Hoffman v. Westcott, (Sup. Ct., March 18, 2025), the U.S. Supreme Court refused to grant a stay of execution to a Buddhist inmate who contended that Louisiana's method of execution would violate his free exercise rights under RLUIPA. Justices Sotomayor, Kagan and Jackson dissented from the denial without filing opinions. Justice Gorsuch filed a dissenting opinion, saying in part:

The State of Louisiana plans to execute Jessie Hoffman tonight. Mr. Hoffman is a Buddhist. And he argues that the State’s chosen method of execution—nitrogen hypoxia—violates his rights under the Religious Land Use and Institutionalized Persons Act of 2000.... Nitrogen hypoxia will, he says, substantially burden his religious exercise by interfering with his meditative breathing as he dies....  No one has questioned the sincerity of Mr. Hoffman’s religious beliefs. Yet the district court rejected his RLUIPA claim anyway based on its own “find[ing]” about the kind of breathing Mr. Hoffman’s faith requires.... That finding contravened the fundamental principle that courts have “no license to declare . . . whether an adherent has ‘correctly perceived’ the commands of his religion.” 

AP reports on the Court's action.

President Issues Nowruz Greetings

Today is Nowruz, the Persian New Year.  Yesterday President Trump issued a Message (full text) sending wishes to those celebrating the holiday.  The Message said in part:

Nowruz is a joyous occasion for the Persian people, marking the beginning of spring, and the Persian New Year.  This long-standing tradition presents a time to reflect on the blessings of the previous year and prepare for the coming spring with a renewed spirit of optimism.

The Persian people with their vibrant culture and exceptional talents in fields such as math, science, law, technology, and the arts, make many integral contributions to society.  On behalf of the United States, I extend my kindest regards for a joyous holiday.