Suit Challenges Software Company's Denial of Discount to Christian Nonprofit

A suit under California's Unruh Civil Rights Act was filed yesterday in a California federal district court by a Christian nonprofit organization that offers a video curriculum designed to instruct teenagers about Christian beliefs on sexuality.  The complaint (full text) in Holy Sexuality v. Asana, Inc., (SD CA, filed 2/18/25), alleges that Asana, Inc. which sells subscriptions for project management software, violated the public accommodation religious discrimination provisions of California law when it denied plaintiff the 50% discount offered to nonprofits. According to the complaint:

To qualify, nonprofits must: have 501(c)(3) status; not be an education or academic institution, hospital, hospital auxiliary, nurse register, mutual organization, or credit union; and not “advocate, support, or practice discrimination based on age, ethnicity, gender, national origin, disability, race, size, religion, sexual orientation, or socioeconomic background.”...

But, under its Religious Discrimination Policy, Asana denies that discount to “[r]eligious organizations that exist to solely propagate a belief in a specific faith.”...

Asana’s religious discrimination was and remains arbitrary, especially because Asana grants discounts to nonprofits who hold views opposite to Holy Sexuality’s and grants discounts to other religious nonprofits.

ADF issued a press release announcing the filing of the lawsuit.

Britain's Court of Appeals: Teacher Wrongfully Terminated for Personal Facebook Postings Reflecting Christian Beliefs on Sexuality

In Higgs v. Farmor's School, (EWCA, Feb. 12, 2025), Britain's Court of Appeal held that the dismissal of a teacher because of posts on her personal Facebook page reflecting her Christian-based objections to schools teaching children about same-sex marriage and gender fluidity constituted unlawful discrimination on the ground of religion or belief in violation of the Equality Act 2010. The court said in part:

The school sought to justify her dismissal on the basis that the posts in question were intemperately expressed and included insulting references to the promoters of gender fluidity and “the LGBT crowd” which were liable to damage the school’s reputation in the community: the posts had been reported by one parent and might be seen by others.  However, neither the language of the posts nor the risk of reputational damage were capable of justifying the Claimant’s dismissal in circumstances where she had not said anything of the kind at work or displayed any discriminatory attitudes in her treatment of pupils.

Lord Justice Falk filed a brief concurring opinion.

27 Religious Denominational Groups Sue DHS Over Rescission of Sensitive Locations Policy

Yesterday, 27 Christian and Jewish denominational bodies and organizations filed suit in a D.C. federal district court challenging the rescission by the Department of Homeland Security of its "Sensitive Locations Policy." The policy severely limited the situations under which immigration enforcement actions could take place at churches, synagogues, mosques and other institutions of worship, as well as at various other locations. The complaint (full text) in Friends General Conference v. U.S. Department of Homeland Security, (D DC, filed 2/11/2025), says in part:

1. [Plaintiffs] bring this suit unified on a fundamental belief: Every human being, regardless of birthplace, is a child of God worthy of dignity, care, and love. Welcoming the stranger, or immigrant, is thus a central precept of their faith practices....

7. ... Consistent with their call to welcome and serve all people, many have undocumented congregants and many offer social service ministries— such as food and clothing pantries, English as a Second Language (“ESL”) classes, legal assistance, and job training services—at their churches and synagogues that serve undocumented people.  An immigration enforcement action during worship services, ministry work, or other congregational activities would be devastating to their religious practice. It would shatter the consecrated space of sanctuary, thwart communal worship, and undermine the social service outreach that is central to religious expression and spiritual practice for Plaintiffs’ congregations and members.

8. The rescission of the sensitive locations policy is already substantially burdening the religious exercise of Plaintiffs’ congregations and members.  Congregations are experiencing decreases in worship attendance and social services participation due to fear of immigration enforcement action.  For the vulnerable congregants who continue to attend worship services, congregations must choose between either exposing them to arrest or undertaking security measures that are in direct tension with their religious duties of welcome and hospitality. Likewise, the choice that congregations currently face between discontinuing social service ministries or putting undocumented participants at risk of arrest is no choice at all: Either way, congregations are forced to violate their religious duty to serve and protect their immigrant neighbors.

The suit alleges that the rescission of the policy violates plaintiffs' free exercise rights under RFRA as well as their 1st Amendment rights to expressive association.

The Institute for Constitutional Advocacy and Protection issued a press release announcing the lawsuit.

Missouri and Christian Counselors Sue Localities Over Conversion Therapy Bans

Suit was filed last week in a Missouri federal district court against Kansas City and Jackson County, Missouri by the state of Missouri and Christian licensed counselors challenging ordinances passed by those jurisdictions which broadly ban licensed counselors from engaging in counseling directed at changing a minor's sexual orientation or gender identity. The complaint (full text) in Wyatt Bury, LLC v. City of Kansas City, Missouri, (WD MO, filed 2/7/2025), alleges in part:

Kansas City and Jackson County recently passed ordinances that ban purely consensual conversations—pure speech—about gender identity and sexual orientation. These ordinances not only require counselors to parrot these governments’ preferred views on sexual ethics; they also ban different views. That violates the First Amendment. 

340. The Counseling Ordinances facially and as-applied restrict speech based on content and viewpoint by prohibiting the Counselors and other licensed professionals who are Missouri citizens from proclaiming only certain content and viewpoints; by applying to speech based solely on its content; by authorizing counseling that supports only one viewpoint of gender identity and sexual orientation....  

353. The Public Accommodation Ordinance forces the Counselors to speak messages they object to by requiring them to offer and provide same-sex marital and relationship counseling because the Counselors offer and provide counseling about marriages and relationships between one man and one woman.... and to refer to clients and prospective clients by using those persons’ self-selected pronouns....

376. The City’s Public Accommodation Ordinance substantially burdens the Counselors’ sincerely held religious beliefs by requiring them either to operate their counseling practices in ways that violate their religious beliefs or to close their practices....

Plaintiffs also challenge the ordinances on vagueness grounds. 

ADF issued a press release announcing the filing of the lawsuits.

Evangelist Can Move Ahead with Free Speech Claim Against Officer Who Arrested Him at Pride Festival

In Cocchini v. City of Franklin, Tennessee, (MD TN, Feb. 6, 2025), a Tennessee federal district court held that plaintiff, a Christian evangelist, had successfully stated a claim for violation of his 1st Amendment free speech rights. Plaintiff was asked by a police officer to leave a Pride Festival after he began to share his Christian testimony with two women at a church booth.  When he refused to leave, he was arrested. He sued, contending that the police officer discriminated against him by impermissibly regulating his speech conducted in a public forum. The police office asserted a defense of qualified immunity. The court said in part:

Here, Cocchini has alleged facts plausibly demonstrating that the Park remained a public forum throughout Franklin Pride....

There are two competing stories for Cocchini’s exclusion from the Park.  Officer Spry says he removed Cocchini from the public forum, causing him to cease his peaceful invited religious speech, apparently for violating Tennessee’s criminal trespass law....  However, the Complaint alleges that Officer Spry told Cocchini on the day of his arrest, and under oath, that he arrested Cocchini because a Franklin Pride TN security event coordinator wanted him removed.....  Taking the allegations in the Complaint as true, Cocchini sufficiently asserts that the justification for his exclusion from the Park, and arrest, was based on the content of his speech....

If the arrest was to “avoid offense to gay, lesbian, or transgender individuals,” as the Complaint alleges, such an interest (compelling or not) is not narrowly tailored by arresting individuals like Cocchini who express religious views....

... [I]if as Cocchini alleges, Officer Spry arrested him “because of the content of his speech,” then he “acted in violation of the First Amendment in ways that should have been clear to a reasonable officer.” ... This is a disputed issue of fact such that “development of the factual record is [] necessary to decide whether [Officer Spry’s] actions violated clearly established law.” ...

The court however dismissed plaintiff's equal protection claim which was based only on the alleged violation of his 1st Amendment rights.

President Trump Creates Task Force to Eradicate Anti-Christian Bias

Yesterday, President Trump issued an Executive Order titled Eradicating Anti-Christian Bias (full text). The Order establishes within the Justice Department a temporary Task Force to Eradicate Anti-Chrisian Bias chaired by the Attorney General and made up of 16 other Cabinet level and high-ranking Administration officials. The Executive Order sets out at length the reasons for creating the Task Force, saying in part:

... [T]he United States Constitution enshrines the fundamental right to religious liberty in the First Amendment....

Yet the previous Administration engaged in an egregious pattern of targeting peaceful Christians, while ignoring violent, anti-Christian offenses.  The Biden Department of Justice sought to squelch faith in the public square by bringing Federal criminal charges and obtaining in numerous cases multi-year prison sentences against nearly two dozen peaceful pro-life Christians for praying and demonstrating outside abortion facilities....

At the same time, Catholic churches, charities, and pro-life centers sought justice for violence, theft, and arson perpetrated against them, which the Biden Department of Justice largely ignored. ...

... [A] Federal Bureau of Investigation (FBI) memorandum asserted that “radical-traditionalist” Catholics were domestic-terrorism threats and suggested infiltrating Catholic churches as “threat mitigation.”  This later-retracted FBI memorandum cited as support evidence propaganda from highly partisan sources.

  The Biden Department of Education sought to repeal religious-liberty protections for faith-based organizations on college campuses.  The Biden Equal Employment Opportunity Commission sought to force Christians to affirm radical transgender ideology against their faith.  And the Biden Department of Health and Human Services sought to drive Christians who do not conform to certain beliefs on sexual orientation and gender identity out of the foster-care system....

 My Administration will not tolerate anti-Christian weaponization of government....

Also yesterday, President Trump spoke for 24-minutes (full text of Remarks) at the National Prayer Breakfast held in the U.S. Capitol

VP Vance Speaks to International Religious Freedom Summit

Vice President JD Vance yesterday delivered a 1 hour and 49-minute address to the 2025 International Religious Freedom Summit at the Washington Hilton Hotel in Washington D.C.  (Video of full remarks.) He said in part:

I'm here this morning in part to reflect not only on the words of our Founders, but especially on those of their intellectual forebears, the Church fathers of classical Christianity to which we owe the very notion of religious liberty. And I know we have people of every faith here, but it is, I think, a conceit of modern society that religious liberty is a liberal concept. But we know that religious freedom flows from concepts central to the Christian faith, in particular the free will of human beings and the essential dignity of all peoples. We find its foundational tenets in the Gospels themselves with Christ's famous instructions to render unto Ceaser that which is Ceaser's, and unto God that which is God's....

Our Administration believes we must stand for religious freedom not just as a legal principle, as important as that is, but as a lived reality both within our own borders and especially outside of it. In recent years too often has our Nation's international engagement on religious liberty issues been corrupted and distorted to the point of absurdity. Think about this. How did America get to the point where we're sending hundreds of thousands of taxpayer dollars abroad to NGO's that are dedicated to spreading atheism all over the globe.

Catholic News Agency and Religion News Service reported on his remarks.

Lifeguard Who Has Religious Objections to Pride Month Has Claim for Undermining of His Religious Accommodation

In Little v. Los Angeles County Fire Department, (CD CA, Jan. 25, 2025), a California federal district court allowed a Fire Department captain assigned to the Lifeguard Division to move ahead on certain of his Free Exercise, Title VII and state anti-discrimination law claims after the Department revoked his previous religious exemption from the County's directive to fly the Progress Pride Flag during LGBTQ+ Pride Month. The suspension of his accommodation was triggered by his removing Pride flags that had been put up in an area to which he was assigned. The court said in part:

Little is an "Evangelical Christian with traditional and orthodox beliefs on marriage, family, and sexual behavior and identity."...

[T]he Fire Department granted Little's accommodation request and agreed that, for the remainder of June, Little would be assigned to facilities that were incapable of flying the Progress Pride Flag due to insufficient flag clasps.... 

Little alleges that his request for a religious accommodation was protected activity, and that Defendants retaliated against Little for seeking that accommodation by suspending him from his role on the Background Investigation Unit....

... [T]he pleading here gives rise to a sufficient "suspicion" of religious animosity to warrant "pause" before dismissing Little's neutrality claim as implausible.... The FAC alleges that Chiefs Boiteux and Lester knew that Little had been granted a religious accommodation and conspired to undermine that accommodation by bringing additional flag poles to the Area 17 sites so that they would be required to fly Progress Pride Flags in time for ,,,Little's scheduled shift there....

However, the court rejected other claims by plaintiff, including his free speech claim, saying in part: 

Because Little has not shown that the speech at issue is anything other than government speech, he has failed to state a viable compelled-speech claim under the First Amendment....

Kansas Court Says Statute Sets Low Threshold for Religious Exemption from Covid Vaccine Mandate

In St. Luke's Health System, Inc. v. State of Kansas ex rel. Schultz, (KS App., Jan. 17, 2025), a Kansas state appeals court held that under a Kansas statute, an employee's request for a religious exemption from an employer's Covid vaccine mandate does not require as much proof as the trial court in the case demanded.  The appeals court said in part:

The statute does not require the employee to articulate a basis for their sincerely held religious beliefs, nor does it require the employee to provide written evidence of those religious beliefs, as the district court held Glean was required to do. It only requires the employee to explain in a written statement that complying with a COVID-19 vaccine mandate would violate their sincerely held religious beliefs, which Glean did. K.S.A. 2023 Supp. 44-663(a). And, in fact, the statute specifies:  "An employer shall grant an exemption requested in accordance with this section based on sincerely held religious beliefs without inquiring into the sincerity of the request." K.S.A. 2023 Supp. 44-663(b)....

Not only did she [employee Sheryl Glean] explain that her refusal to get the COVID-19 vaccine is based on her religious views—as in she believes the vaccine may cause harm to her body—she clarified the religious basis for her concern (or why she believes getting the vaccine would be wrong) when she said since she became a Christian she believes the Bible tells her that her body is holy. See 1 Corinthians 6:19-20..... Glean further evidenced the religiosity of her beliefs when she stated that she had discussed her concerns about getting the vaccine with the pastor from her church. Glean's invocation of both the Bible and her pastor as sources of guidance in this matter evidence the religiosity of her beliefs about the COVID-19 vaccine.

President Jimmy Carter's Views on Religion

Jimmy Carter, 39th President of the United Staes, passed away on Sunday at the age of 100. The White House issued a Proclamation from President Biden formally announcing Carter's death. Religion played an extremely important role in Carter's life. In October 1976, just a month before the election in which he narrowly defeated Gerald Ford, Carter gave a lengthy interview (full text) with leaders of "National Religious Broadcasters" and "World Religious News" that set out his personal views on religion as well as on separation of church and state. Here are a few excerpts:

Q. Mr. Carter, ... can you tell us what Jesus Christ means to you, and to what extent you have dedicated your life to Him?

Governor Carter. The most important thing in my life is Jesus Christ....

I had my deepest and most personal turning to Christ about 10 years ago. 1966 or 1967, when I realized that in spite of the achievement within my church circle, as chairman of the board of deacons, superintendent of the Sunday School, and so forth, that there was an absence of a deep, constant personal relationship with Christ I went to some other states to witness among those who had no church affiliation. During the trips, I felt very personally present to the Holy Spirit and began to be able to testify for the first time with complete sincerity about what Christ meant to me. I found it easy to pray without a special extra effort; it became part of my consciousness, and I felt a sense of peace and security that I had never felt before....

Q. How does your Christian commitment affect political decisions you have made and will make in the future?

Governor Carter. As a Baptist I believe very strongly in the principle of separation of church and state....

As far as my decisions as a political leader, they are affected very heavily by my Christian beliefs. I spent more time on my knees as governor of Georgia than I had spent all the rest of my life put together because I felt the responsibility of many other people's lives. I cling to the principles of the Judeo-Christian ethic. Honesty, integrity, compassion, love, hope, charity, humility are integral parts of any person's life, no matter what his position in life may be. But when someone is elected and trusted by others to help determine one's own life quality, it puts an additional responsibility on the pastor or the schoolteacher or someone who has a public life. So, the Christian or the religious commitment is one that's especially useful tome....

... Not too long ago, I taught a Sunday school lesson about how Paul and Peter reacted to the laws or government of that day. Their admonition was to obey the law and to obey the chosen rulers.

If there was a violation of God's laws by the civil law, to obey God's law is to be willing to accept the punishment administered by the civil law and to try to work to make sure the civil law was compatible with God's law.

Q. In the past, much has been discussed concerning prayer and Bible reading in public schools. In the event you become the President of the United States, what proposals or plans would you have concerning this particular area?

Governor Carter. I don't favor the state, through the public schools, requiring a certain kind of prayer or worship. I believe that ought to be a decision made by the individual student. There ought not to be any prohibition against any self-initiated worship. But the requirement of conformity of worship is something that is contrary to my own beliefs....

Ecclesiastical Abstention Doctrine Requires Dismissal of Pastor's Allegations of Sham Investigation to Oust Him

 In Weems v. Association of Related Churches, (MD FL, Dec. 19, 2024), a Florida federal district court dismissed on ecclesiastical abstention grounds a suit alleging tortious interference and conspiracy brought by Charles Weems, the former senior pastor and co-founder of Celebration Church and by his wife, the other co-founder. Plaintiffs allege that defendants hatched a plan to oust him as senior pastor because his vision for the church would lead to reduced financial contributions to defendant's church planting activities. Weems alleged that, based on manufactured evidence, the church initiated a sham investigation of him to determine if he had engaged in improper financial practices and had failed to fulfill his duties as Senior Pastor. Targeting of Weems eventually led to his resigning. The court said in part:

... [W]hile Plaintiffs frame their claims as tortious interference and conspiracy, these claims cannot be decided without resolving whether Celebration Church investigated Pastor Weems for legitimate religious reasons, or because of the tortious conduct of Defendants.... Such an inquiry would result in the Court entangling itself in matters of “theological controversy, church discipline, [and] ecclesiastical government,” which the ecclesiastical abstention doctrine squarely prohibits....

George Mason Law Students Sue Claiming "No-Contact" Order Violates Their Free Speech and Free Exercise Rights

Suit was filed last week in a Virginia federal district court by two Christian female law students at George Mason University contending that a "no-contact" order issued against them by the University's DEI Office violates their free speech and free exercise rights. The complaint (full text) in Ceranksoky v. Washington, (ED VA, filed 11/1,2024), relates that plaintiffs were ordered to avoid contact, including through social media, with a classmate (identified in the complaint only as Mr. Doe) who is the Law School's representative on the Graduate and Professional Studies Assembly. Through an online chat platform, Mr. Doe proposed having hygiene products available in men's rest rooms as well as in women's in order to accommodate transgender men. According to the complaint:

5. [Plaintiff posted] ... her concern that if GMU adopted a policy “allow[ing] biological females into male restrooms to access period products as ‘trans men,’” then that would mean “female bathrooms will welcome male occupants.” She asked her classmate to “recognize the concerns of biological female students” and how they would feel “considerably uncomfortable if there are males using private women’s spaces on campus.” She noted that “[w]omen have a right to feel safe in spaces where they disrobe.” ...

7. Their classmate, who had claimed to be their representative to the student government and initially promised to “advocate for all” students and viewpoints, responded by mocking their concerns and labeling their views as bigoted for questioning others’ gender identity. 

8. Two weeks later ... [plaintiffs] received no-contact orders from GMU’s Office of Diversity, Equity, & Inclusion (“DEI Office”), prohibiting them from having any contact with their classmate....

152....  Defendants have singled out Plaintiffs’ expression and prevented them from engaging in religious expression with Mr. Doe.

153. Defendants’ no-contact orders have also chilled Plaintiffs from engaging in religious expression with other students at the Law School or the rest of GMU....

175.  Plaintiffs are motivated by their sincerely held religious beliefs to speak on-campus on many topics from a Christian worldview. Plaintiffs believe their on-campus speech is a way to share the Gospel of Jesus Christ with non-Christians and a way to disciple and equip other Christians on campus to grow and mature in their faith.

ADF issued a press release announcing the filing of the lawsuit.

9th Circuit: Ministry Has Standing to Challenge Washington Antidiscrimination Law

In Union Gospel Mission of Yakima, Washington v. Ferguson, (9th Cir., Aug. 12, 2024), the U.S. 9th Circuit Court of Appeals held that a Christian Ministry has standing to challenge the constitutionality of the Washington Law Against Discrimination insofar as it bars plaintiff from requiring all its employees to sign a statement of faith and core values.  The statement requires employees to adhere to Christian lifestyle and behavior, including Christian beliefs on marriage and sexuality. However, the court remanded the case for the trial court to consider the issue of prudential ripeness and to consider plaintiff's motion for a preliminary injunction. [Thanks to Thomas Rutledge for the lead.]

School's Exclusion of Fellowship of Christian Athletes Violates RFRA and 1st Amendment

 In Fellowship of Christian Athletes v. District of Columbia, (D DC, July 11, 2024), a D.C. federal district court issued a preliminary injunction requiring D.C.'s Jackson Reed High School to reinstate Fellowship of Christian Athletes as a recognized student organization for the school year 2024-2025. FCA's recognition had been suspended because it required its student leaders to affirm its Statement of Faith which bars sexual relations outside of heterosexual marriage and bars any sexually immoral act including homosexuality. This was seen as a violation of the school's anti-discrimination policy. The court concluded that applying the anti-discrimination policy in this manner violates the Religious Freedom Restoration Act because it substantially burdens FCA's exercise of religion. The court said in part:

[T]he District’s interest is unjustifiably speculative.  It seeks to “protect[] the safety and well-being of its students by promoting an equitable environment free of discrimination.”... [T]he District readily admits that a student in noncompliance with FCA’s Statement of Faith—whether an atheist, Jewish, gay, or lesbian student—is unlikely to seek a leadership position....  The District can thus offer “only speculation” that FCA’s reinstatement would pose an actual threat of discrimination against any Jackson-Reed student based on a protected characteristic.... Such a speculative goal does not pass muster under strict scrutiny.  

Moreover, the District’s exclusion of FCA as a means of eliminating discrimination is “fatally underinclusive.”... [T]he District permits student groups besides FCA to continue operating at Jackson-Reed even though they restrict membership on the basis of protected characteristics and/or ideological alignment....  The District’s “interest” in nondiscrimination “cannot justify” a nondiscrimination policy “that requires only religious” groups to “bear [its] weight.” ...

The court also concluded that the school had violated the First Amendment's Free Exercise Clause, concluding that the school's policy was not generally applicable and thus was subject to strict scrutiny. It said in part:

[T]he District permits secular groups to limit their membership to ideologically aligned students while denying the same right to FCA with respect to its leadership. The Court can find “no meaningful constitutionally acceptable distinction between the types of exclusions at play here.”

Christian Released-Time Education Provider Sues Foe for Copyright Infringement

LifeWise, Inc. is a Christian nonprofit organization that provides released-time religious education to public school students where state law permits. It uses a copyrighted curriculum which it has developed.  Last week it filed a copyright infringement suit in an Indiana federal district court against Fort Wayne parent Zachary Parrish who was a creator of a Facebook group and a website opposing use of the LifeWise curriculum.  Parrish's website contends that "Lifewise Academy is spreading Evangelical Christianity, Purity Culture, Christian Nationalism, homophobic beliefs, transphobia, and hateful rhetoric to the youngest of our children."  The complaint (full text) in LifeWise, Inc. v. Parish, (ND IN, filed 7/2/2024), alleges in part:

30. ... Mr. Parrish signed up online to volunteer for LifeWise. 

31. ... Mr. Parrish does not support LifeWise’s mission. Instead, his goal was to gather information and internal documents with the hope of publishing information online which might harm LifeWise’s reputation and galvanize parents to oppose local LifeWise Academy chapters in their communities. 

32. ... [A]fter submitting his fraudulent volunteer application, Mr. Parrish improperly gained access to LifeWise’s information storage systems, downloaded internal LifeWise documents, and posted them to his Website. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.

33. On April 9, 2024, LifeWise’s attorney sent Mr. Parrish a cease and desist letter informing him of his infringement and requesting he remove LifeWise’s internal documents, which are currently unregistered works, from the Website. 

34. Mr. Parrish responded by emailing a meme stating: “it’s called fair use bitch.”

WOSU Public Media and Cleveland.com report on the lawsuit.

5th Circuit Stays Contempt Order Requiring 3 Attorneys Take Religious Liberty Training

In Carter v. Local 556, Transport Workers Union of America, (5th Cir., June 7, 2024), the U.S. 5th Circuit Court of Appeals granted a stay pending appeal of a controversial contempt sanction imposed by a Texas federal district court against three attorneys for Southwest Airlines. (See prior posting.) Southwest had failed to adequately comply with a remedial Order imposed on it for firing a flight attendant because of her social media posts and private messaging featuring aborted fetuses to illustrate her religious objections to abortion.  The district court, among other things, ordered that the attorneys responsible for non-compliance with the prior Order attend at least 8 hours of religious liberty training conducted by the Christian legal non-profit Alliance Defending Freedom. In staying the contempt sanction, the Court of Appeals said in part:

[T]here is a strong likelihood that the contempt order exceeded the district court’s civil contempt authority....

Civil contempt sanctions are “remedial” and “designed to compel future compliance with a court order” by either “coerc[ing] the defendant into compliance with the court’s order” or “compensat[ing] the complainant for losses sustained” as a result of the noncompliance.... Criminal contempt sanctions, by contrast, are used to “punish defiance of the court and deter similar actions.”... Generally, “criminal [contempt] penalties may not be imposed on someone who has not been afforded the protections that the Constitution requires of such criminal proceedings.”...

At bottom, it appears that the district court sought, at least in part, to punish Southwest for what the district court viewed as conduct flouting its holding that Southwest had violated Title VII. But its punitive sanctions likely exceed the scope of the court’s civil-contempt authority.

Law dork reports on the decision.

President Biden Sends Easter Greetings

The White House today posted a Statement from President Biden (full text) sending Easter greetings to the world's Christians.  The Statement reads:

Jill and I send our warmest wishes to Christians around the world celebrating Easter Sunday. Easter reminds us of the power of hope and the promise of Christ’s Resurrection.

As we gather with loved ones, we remember Jesus’ sacrifice. We pray for one another and cherish the blessing of the dawn of new possibilities. And with wars and conflict taking a toll on innocent lives around the world, we renew our commitment to work for peace, security, and dignity for all people.

From our family to yours, happy Easter and may God bless you.

Christian Food Ministry Sues to End City's Attempts to Close It Down

 Last week, a Yuma County, Arizona Baptist church filed suit in an Arizona federal district court challenging actions the city of San Luis has taken to close down the church's food distribution ministry which it has operated for 23 years. The complaint (full text) in Gethsemani Baptist Church v. City of San Luis, (D AZ, filed 3/13/2024), says that with the election of a new mayor in 2022, the city ended its prior support for the food ministry and used zoning rules to attempt to end its operations. The city contends that the growth of the church's Food Ministry has changed it sufficiently that it may no longer rely on its prior treatment as a legal non-conforming use. The church alleges that the city's actions violate RLUIPA, the Free Exercise Clause, and Arizona's Free Exercise of Religion Act. First Liberty issued a press release announcing the filling of the lawsuit.

Christian Organization Challenges Grant Rule Barring Religious Favoritism in Hiring

Suit was filed this week in an Oregon federal district court challenging an anti-discrimination rule of the Oregon Department of Education that disqualified a Christian youth-mentoring ministry from receiving $410,000 in grants for which it had initially been selected. The Christian group requires all of its board members, its 30 employees and 100+ volunteers to adhere to the organization's Statement of Faith. The Grant Program's rule bars grantees from favoring co-religionists as employees or volunteers. The complaint (full text) in Yourh 71Five Ministries v. Williams, (D OR, filed 3/4/2024), contends that the rule violates its Free Exercise and Free Expression rights, saying in part:

Because it emphasizes one-to-one mentoring and creating authentic, trusting relationships, 71Five Ministries depends on its staff and volunteers to fulfill the ministry’s distinctly Christian mission and purpose....

Defendants cannot disqualify otherwise eligible religious organizations from participation in otherwise available government benefit programs, including the Youth Community Investment Grant Program, “solely because of their religious character,”

ADF issued a press release announcing the filing of the lawsuit.

House Members Protest Invited Guest Chaplain

Yesterday, 26 members of the U.S. House of Representatives Freethought Caucus sent a letter (full text) to House Speaker Mike Johnson and the House Chaplain questioning why California-based pastor Jack Hibbs was invited to deliver an opening prayer in the House of Representatives.  The letter reads in part:

The undersigned members write to express our concerns about Speaker Johnson’s sponsorship of Pastor Jack Hibbs as the Guest Chaplain of the House of Representatives. Pastor Hibbs is a radical Christian Nationalist who helped fuel the January 6th insurrection and has a long record of spewing hateful vitriol toward non-Christians, immigrants, and members of the LGBTQ community. He should never have been granted the right to deliver the House’s opening prayer on January 30, 2024.  

In the days leading up to the attack on the Capitol, Hibbs echoed Donald Trump’s election fraud lies and inflamed his followers by preaching that January 6th would go down in history alongside the War of Independence and the War of 1812. By preaching that God had anointed the Trump administration and could still intercede to save Trump’s presidency on January 6th, Hibbs advanced a religious permission structure that led to violence by those who believed any means were justified to carry out what they viewed as God’s plan....